RESOLUTION 92-20644 RESOLUTION NO. 92-20644
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONSENT TO
ASSIGNMENT OF A REVOCABLE PERMIT FROM THE
MCDOEL HOTEL, INC. TO BLDG MANAGEMENT CO. ,
INC. FOR THE USE OF THE WESTERLY 27 . 7 FEET
ADJACENT TO THE SEAWALL ON INDIAN CREEK OF
OUT-LOT #7 AMENDED PLAT OF INDIAN BEACH
CORPORATION'S SUB. (8-61) WHICH IS DIRECTLY
ACROSS FROM THE MUNICIPAL PARKING AREA #P-19
AT 46TH STREET AND COLLINS AVENUE
WHEREAS, the City of Miami Beach granted a Revocable Permit to
Florida East Coast Properties, Inc. pursuant to City Commission
Resolution No. 89-19744 approved October 4 , 1989 (the "Revocable
Permit") ; and
WHEREAS, the Revocable Permit provides for the use of the
westerly 27 . 7 feet adjacent to the seawall on Indian Creek of out-
lot #7 amended plat of Indian Beach Corporation' s sub. (8-61) which
is directly across from the municipal parking area #P-19 at 46th
Street and Collins Avenue; and
WHEREAS, Florida East Coast Properties, Inc. assigned its
rights in the Revocable Permit to Club Eden Roc, Inc. and pursuant
to Resolution No. 90-20014 adopted June 20 , 1990 , the City
consented to the Assignment; and
WHEREAS, Club Eden Roc, Inc. assigned its rights in the
Revocable Permit to The McDoel Hotel, Inc. and pursuant to
Resolution No. 91-20349 adopted September 11, 1991, the City
consented to the Assignment; and
WHEREAS, The McDoel Hotel, Inc. is desirous of assigning its
rights under the Revocable Permit to BLDG Management Co. , Inc. or
its permitted assignee and BLDG Management Co. , Inc. or its
permitted assignee is desirous of assuming those rights.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized to execute a consent to assignment of Revocable
Permit from The McDoel Hotel, Inc. to BLDG Management Co. , Inc. or
its permitted assignee for the use of the westerly 27 . 7 feet
adjacent to the seawall on Indian Creek of out-lot #7 amended plat
of Indian Beach Corporation's sub (8-61) which is directly across
from the municipal parking area #P-19 at 46th Street and Collins
Avenue.
PASSED and ADOPTED this 21st day of October , 1992 .
ATTEST: /
/
City Clerk Ma, •r
FORM APPROVED
LE L DEPT.
2 l
Date Cali
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ASSIGNMENT
THIS ASSIGNMENT made this day of
1992 , by THE MCDOEL HOTEL, INC. (the "Assignor") to BLDG MANAGEMENT
CO. , INC. or its permitted assignee pursuant to a Purchase and Sale
Agreement dated June 17, 1992 (the "Assignee") .
IN CONSIDERATION of the sum of Ten ($10. 00) Dollars paid by
Assignee to Assignor, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. Assignor hereby transfers, grants, conveys,
sells and assigns to Assignee, all of Assignor's right,
title and interest in that certain Revocable Permit dated
October 11, 1989 between Florida East Coast Properties,
Inc. and the City of Miami Beach recorded in Official
Records Book 13327, Page 2504 , which Revocable Permit was
assigned to Club Eden Roc, Inc. by instrument recorded in
Official Records Book 14617 , Page 2672 , all of the Public
Records of Dade County, Florida, and subsequently
assigned to THE MCDOEL HOTEL, INC. by unrecorded
instrument dated June 21, 1991.
2 . Assignee hereby accepts this Assignment and
agrees to perform all conditions contained in said
Revocable Permit, and agrees to assume all obligations
under said Revocable Permit as of the date of this
Assignment.
IN WITNESS WHEREOF, the parties hereto have hereunto executed
this Assignment the day and year first above written.
Signed, sealed and delivered THE MCDOEL HOTEL, INC.
in the presence of:
By:
, President
[ASSIGNEE]
By:
, President
CONSENT
The City of Miami Beach hereby consent to the foregoing Assignment
of the Revocable Permit.
CITY OF MIAMI BEACH
Attest:
By:
Clerk Mayor
FORM APPROVED
LEGAL DEPT.
By ' �.11ws
2/
Date �Z-
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, that on this day of
1992 , before me personally appeared
, as President of THE MCDOEL HOTEL, INC. , a
Florida corporation, who is personally known to me or who has
produced as identification and who
signed the foregoing instruments as such President and acknowledged
the execution thereof to be his free act and deed for the uses and
purposes therein mentioned.
WITNESS my signature and official seal at
in the County of Orange.
[NOTARIAL SEAL]
Signature
Name (typed, printed or stamped)
Title or Rank
Serial Number (if any)
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY, that on this day of
1992 , before me personally appeared
, as President of
, a
corporation, who is personally known to me or
who has produced as identification and
who signed the foregoing instruments as such President and
acknowledged the execution thereof to be his free act and deed for
the uses and purposes therein mentioned.
WITNESS my signature and official seal at
in the County of
[NOTARIAL SEAL]
Signature
Name (typed, printed or stamped)
Title or Rank
Serial Number (if any)
My Commission Expires:
2
1939•
OCT 20 All II: 50 9 i 3. 0 1 4 7 9
AFF. 4298H2i 53
REC.
RESOLUTION NO. 89-19744
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORISING THE MAYOR AND
THE CITY CLERK TO EXECUTE A REVOCABLE PERMIT
TO FLORIDA EAST COAST PROPERTIES, INC. FOR THE
USE OF THE WESTERLY 27 .7 FEET ADJACENT TO THE
SEAWALL ON INDIAN CREEK OF OUT-LOT #7 AMENDED
PLAT OF INDIAN BEACH CORPORATION'S SUB. (8-61)
WHICH IS DIRECTLY ACROSS FROM THE MUNICIPAL
PARKING AREA #P-19 AT 46TH STREET AND COLLINS
AVENUE.
WHEREAS, Florida East Coast Properties, Inc. has requested a
revocable permit for the use of 27 .7 feet of out-lot #7 on Indian
Creek at 46th Street and Collins Avenue for docking of vessels; and
WHEREAS, the City Manager recommends granting of the revocable
permit and the City Attorney has approved the permit as to form;
and
WHEREAS, the Commission deems it to be in the best interest
of the City to grant said permit for promoting tourism and
recreational activities in Miami Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH that the Mayor and the City Clerk are hereby
authorized to execute the revocable permit attached hereto, for the
use of the westerly 27. 7 feet adjacent to the seawall on Indian
Creek of out-lot #7 amended plat of Indian Beach Corporation's Sub.
(8-61) which is directly across from the Municipal Parking area #P-
19 at 46th Street and Collins Avenue.
PASSED AND ADOPTED THIS 4th day of October , 1989 .
44•46
R .(.0
FORM APPROVED
ATTEST:
LEGAL DEPT.
.�.i . i_ III `.� Date 9 �y
CITY CLERK
142 8[12155
REVOCABLE PERMIT
THIS AGREEMENT, made on the // day of 6<-r, 4- , 1989
by and between the CITY OF MIAMI BEACH, hereinafter called "City"
and Florida East Coast Properties, Inc. , hereinafter called
"Permittee" .
WITNESSETH
That the City for and in consideration of the restrictions and
covenants herein contained, hereby permits the non-exclusive use
of the City property described on Exhibit 0"A" attached hereto.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE
PARTIES HERETO:
That the recitations, statements, covenants, warranties and
agreements hereinabove and in the attached articles are true and
binding upon the respective parties hereto.
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises for docking or
mooring watercraft or vessels and no other purpose whatsoever.
ARTICLE II
TERM
The Permittee to have the use of the above mentioned premises
for a period of one (1) year commencing on October 11 , 1989 and
terminating one year thereafter. This permit shall be automatically
renewed from year to year, until such time as either party shall
terminate same in accordance with the following procedure;
Termination shall be accomplished by either party giving the
other party notice of writing of intent to terminate at least
thirty (30) days prior to such date. However, pursuant to Article
XI of this permit, the City may, upon thirty (30) days written
notice to the Permittee, cancel this permit for cause if deemed
necessary to promote or maintain the general welfare, comfort,
morals, peace, health, safety or convenience of the City or its
inhabitants.
-1-
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RO
EC. 14298162756
ARTICLE III
REGULATORY FEES
To defray the cost of regulating the operations of the
Permittee, from the Demised Premises, the Permittee shall pay to
the City a regulatory fee of thirty-one (31%) percent of the gross
receipts, whether in cash or in-kind services, of the Permittee's
operations on the demised premises which is on the northern most
boat slip (shown as 61. 6' located on Lot 6 in Exhibit A) , it being
the understanding of the parties that the City' s 27 .7 feet and
Permittee's 61. 6 feet shall be used together as one slip. Such
regulatory fees shall be paid to the City by thr 15th of each month
for the preceeding month and said payment shall be accompanied by
a statement of gross receipts for the preceding month.
ARTICLE IV
RECORDS/ AUDIT
The Permittee agrees to establish/maintain such records as may
be prescribed by the City in the future to provide evidence that
all terms of permit have been and are being observed. The
Permittee grants to the City the right and authority, upon
reasonable notice, to audit all records, documents and books
pertaining to the Permittee' s operations at the Demised Premises.
ARTICLE V
ALTERATIONS BY PERMITTEE
The Permittee shall neither construct nor erect any building,
fence, wall, sign, screen enclosure, or any permanent improvement
upon the demised premises or the adjacent portion of Indian Creek
without prior written consent of the City. The Permittee shall
have sole responsibility for obtaining all local, state and federal
regulatory approvals, permits or licenses required for construction
of improvements upon the demised premises or the adjacent portion
of Indian Creek. All improvements made by the Permittee shall be
readily removable without injury to the premises at the expiration
of this permit or upon 10 days written notice from the City.
Removal by the City of any improvements made by the Permittee
shall be at the sole expense of the Permittee, and Permittee shall
pay the City for any such expenses within ten (10) days of demand
by the City.
-2-
AEC: 14298E12757
ARTICLE VI
CONDITION OF PREMISES AND MAINTENANCE
The Permittee, at his own expense, shall cause the Demised
Premises to be in a state of good condition from the commencement
of this permit. The Permittee shall maintain and keep the entire
Demised Premises in a neat, clean condition, free of refuse and
debris. All landscaped areas shall be maintained in a live,
healthy, and growing condition, properly watered and trimmed.
Determination of the condition of said premises shall be made by
the City.
ARTICLE VII
INSURANCE, HOLD HARMLESS AND INDEMNITY
The Permittee does hereby agree to indemnify, defend and hold
harmless the City for all claims, liability, losses, damages and
causes of action which may arise out of this revocable permit or
the Permittee's activity on the Demised Premises.
The Permittee shall also carry in full force and effective
throughout the duration of this permit, insurance coverages as
required by the City's Risk Manager.
Prior to any operations original certificates of insurance
must be submitted to and approved by the City' s Risk Manager. Such
certificates must name the City as an additional insured.
The City must be notified thirty (30) days prior to any
cancellation or change of coverage.
ARTICLE VIII
ASSIGNMENT
Without the written consent of the City first obtained in each
case, the Permittee shall not sublet, assign, transfer, mortgage,
pledge, or dispose of this permit for the term hereof.
ARTICLE IX
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved on the Demised Premises
shall be at the risk of the Permittee or the owner thereof. The
City shall not be liable to the Permittee for any damage to said
personal property.
-3-
REC: 14293P2758
ARTICLE X
CITY'S RIGHT OF ENTRY
The City or any of its agents, shall have the right to enter
upon the Demised Premises during all reasonable working hours for
the purpose of inspecting or repairing such premises. Such right
of entry shall likewise exist for the purpose of removing signs,
fixtures, or alterations which do not conform to this permit.
Any removal of improvements or repairs made by the City and
necessitated by the Permittee's use of said premises, shall be at
the sole expense of the Permittee.
ARTICLE XI
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto, that
the City may, upon thirty (30) days written notice to the
Permittee, cancel this permit for cause if deemed necessary to
promote or maintain the general welfare, comfort, morals, peace,
health, safety, or convenience of the City or its inhabitants.
ARTICLE XII
NOTICES
It is understood and agreed between the parties hereto that
written notice addressed to the Permittee and mailed (certified
mail , return receipt requested) or hand delivered to Florida East
Coast Properties, Inc. , 444 Brickell Avenue, Suite 530, Miami,
Florida 33131 shall constitute sufficient notice to the Permittee,
and written notice addressed to the City Manager and mailed
(certified mail , return receipt requested) or hand delivered to the
City of Miami Beach, 1700 Convention Center Drive, Miami Beach,
Florida 33139, shall constitute sufficient notice to the City to
comply with the terms of this Permit.
ARTICLE XIII
PEACEFUL POSSESSION
Subject to the terms, conditions and covenants of the Permit,
the City agrees that Permittee shall and may peacefully have, hold
and enjoy the premises without hindrances or molestation by the
City.
ARTICLE XIV
PRIOR PERMIT TERMINATED
The parties hereby agree that the Revocable Permit dated May
22 , 1987, approved pursuant to City Commission Resolution No. 87-
18861 is terminated.
-4-
REC. 14298112759
ARTICLE 'V
SURRENDER OF PREMISES
At the expiration of this Permit or any renewal or
cancellation thereof, Permittee shall, without demand, quietly and
peaceably deliver up possession of the demised premises in as good
condition as they are now, except for normal wear and decay, damage
by the elements, or Act of God.
The Permittee will be responsible for the expenses to put said
premises in good condition, if said premises are not in good
condition at the expiration, renewal, or cancellation of this
Lease.
IN WITNESS WHEREOF, the parties have hereunto executed this
Permit Agreement for the purposes herein expressed the day and year
first above written.
ATTEST: CITY OF MIAMI BEACH
l9T�. �: A.ALA "4/1
CITY CLERK YOR
Q
./0`// /;')
In The Presence of: FLORIDA EAST COAST PROPERTIES, INC.
i
W ,t a -s
4_
k_Q_,(,/ By: President
Witness
SWORN TO AND SUBSCRIBED BEFORE-ME
FORM APPROVED 4.1.
THIS .+2 DAY OF -&--4 6-f, Via;.,l `�7
LEGAL DEPT. I•
-`°'
By
Date 7V9/J7/ ',6 1-e-ti Ct<<_e. e/T"
NOTARY PUBLIC
State of Florida at Large
NOT'Il i:iit . :.Ih:. Pi
CORPORATE SEAL
HCM: ses
-5-
°f F. 14298162760
REC.
EXHIBIT "A"
THE WESTERLY 27 .7 FEET ADJACENT TO THE SEAWALL ON INDIAN
CREEK OF OUT-LOT # 7 AMENDED PLAT OF INDIAN BEACH
CORPORATION'S SUB. (8-61) WHICH IS DIRECTLY ACROSS FROM THE
MUNICIPAL PARKING AREA #P-19 AT 46TH STREET AND COLLINS
AVENUE
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EXHIBIT "A"
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P.O, Drawer 725003
FDIC Orlando.Florida 32372-5003
Federal Deposit Insurance Corporstioa
(4te7)282-7575
August 31, 1992
Via Facsimile(305-673-7002)
Patrick N. Brown, Esquire
First Assistant City Attorney
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
Re: Assignment of Revocable Dock Permit from The McDoel Hotel, Inc.
("Assignor") to BLDG Management Co., Inc.or permitted assignee("Assignee")
Dear Mr. Brown:
This follows up on my letter of August 11, 1992 and our recent telephone conversation.
This is to advise you that the referenced assignment, when consented to by the City of Miami
Beach, will not be released to the Assignee until outstanding Miami Beach assessment liens on
the Eden Roc Hotel as of the closing between Assignor and Assignee, are paid.
Please give me a call if you have any questions. Thanks for your help.
dully,
_(ReE.
(J es F. Base
itaff Attorney, Real Estate
JFB/mw
cc: Barbara Overton, Esquire
Gil Keith, Account Officer, ORE Sales
1
i
I
•
P.O. Drawer 725003
F'I)IC Orlando, Florida 32872-5003
Federal Deposit Insurance Corporation (407) 282-7575,
•
August 11, 1992
VIA OVERNIGHT COURIER
Patrick N. Brown, Esquire
First Assistant City Attorney
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
Re: Assignment of Revocable Dock Permit from
The McDoel Hotel, Inc. to BLDG Management Co., Inc.
Dear Mr. Brown:
This follows up on my letter dated June 25, 1992. The McDoel Hotel, Inc. has
contracted to sell the Eden Roc Hotel to BLDG Management Co., Inc. or its permitted assigns.
I have enclosed a form of assignment for the dock permit and a form of consent resolution by
the City of Miami Beach.
The sale is scheduled to close on September 3, 1992. Accordingly, I will need the City
of Miami Beach's consent to the assignment prior to that time, so that a fully executed
assignment can be delivered at the closing.
Please advise me when it would be possible to schedule this consent resolution for
consideration by the City of Miami Beach.
Thank you for your assistance in this matter.
espectfully,
1
James F. Basqu
taff Attorney
1113/mw
Enclosures
cc: 13a1 para Overton, Esquire
•
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OFFICE QF THE CITY ATTORNEY
ey. zia"
F L O R I D A
a%MCOR
LAURENCE FEINGOLD ='ii.coo.
.� y P 0 BOX O
CITY ATTORNEY �H26"\` MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY 1305) 673-7002
COMMISSION MEMORANDUM NO. 5b(0--ca_
DATE: SEPTEMBER 16, 1992
TO: MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER ROGER M C� N
FROM: LAURENCE FEINGOLD
CITY ATTORNEY
RE: CONSENT TO ASSIGNMENT OF REVOCABLE DOCK PERMIT FROM THE
MCDOEL HOTEL, INC. TO BLDG. MANAGEMENT CO. , INC.
On October 4 , 1989, the City Commission approved a Revocable Permit
in favor of Florida East Coast Properties, Inc. for the use of 27 . 7
feet adjacent to the seawall on Indian Creek at 46th Street and
Collins Avenue for the docking of vessels, which is just north of
the dock adjacent to the Eden Roc Hotel .
The above described permit was assigned to Club Eden Rock, Inc.
pursuant to Resolution No. 90-20014 adopted June 20, 1990, the City
consented to the assignment and the revocable permit was further
assigned to the McDoel Hotel, Inc. and pursuant to Resolution
No. 91-20349 adopted September 11, 1991, the City consented to that
assignment.
The Federal Deposit Insurance Corporation is under contract to sell
the Eden Roc Hotel to Bldg. Management Co. Inc. or its permitted
assigns.
The FDIC has requested by the attached letter from counsel dated
August 11, 1992 that the City consent to the further assignment of
the Revocable Permit to the contract purchaser.
James F. Basque, counsel for FDIC has advised us that the
approximately $9, 881. 11 in outstanding municipal liens will be paid
at closing and the consent to the assignment will not be released
until provision is made for such payment.
RECOMMENDATION
It is recommended that the City Commission approve the attached
Resolution authorizing the Mayor and City Clerk to execute the
consent of the assignment of the Revocable Permit to the contract
purchaser.
PNB: lm 1
Encl . AGENDA
ITEM —�
c:\memos\comrevoc.per 1 Q
DATE 1 -21- I 2-
1700
1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139
vtt SV L•.ALJ
RESOLUTION NO. 92-20644
_authorizing the Mayor and City Clerk to
execute a consent to assignment of a
revocable permit from the McDoel Hotel,
Inc. to BLDG Managementt Co. , Inc. for the
use of the westerly 27.7 feet adjacent to
the seawall on Indian Creek of Out-Lot #7
amended Plat of Indian Beach Corporation's
Sub. (8-61) which is directly across from
the municipal parking area #P-19 at
46th Street and Collins Avenue.
1