Resolution 95-21735 0. .1
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RESOLUTION NO. 95-21735
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A REVOCABLE PERMIT IN FAVOR OF LA
GORCE ISLAND ASSOCIATION,INC.AS THE OWNER OF
THE GUARD HOUSE PROPERTY LOCATED AT 6595 PINE
TREE LANE, FOR A REVOCABLE PERMIT TO INSTALL
FOUR(4)POST-MOUNTED SECURITY CAMERAS ON THE
ABUTTING CITY RIGHT-OF-WAY ADJACENT TO THE
GUARD HOUSE AT THE ENTRANCE TO LA GORCE
ISLAND.
WHEREAS,the La Gorce Island Association,Inc.,is the owner of the guard house,located
at 6595 Pine Tree Lane; and
WHEREAS, the La Gorce Island Association, Inc. has applied for a revocable permit to
install four (4) post mounted security cameras on the abutting City-owned right-of-way at the
entrance to La Gorce Island; and
WHEREAS, on July 26, 1995,the Mayor and City Commission held a public hearing to
consider the aforestated request, and it is herein recommended that the Revocable Permit(Exhibit
"A") be approved.
NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission
of the City of Miami Beach, Florida that the Mayor and City Clerk are authorized to execute the
attached Revocable Permit in favor of the La Gorce Island Association, Inc., as the owner of the
guard house,located at 6595 Pine Tree Lane for a revocable permit to install four(4)post-mounted
security cameras on the abutting City-owned right-of-way at the entrance to La Gorce Island.
PASSED AND ADOPTED this27thday of September , 1995.
(signed) Seymour Gelber
MAYOR
•
ATTEST:•
(signed) 'Jack Lubin' FORM APPROvr
CITY CLERIC LEGAL DEPT.
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CITY OF MIAMI BEACH , .
TO: Vincent Akhimie DATE: 10/6/95
Public Works Director
/ A
FROM: Jack Lubin
Interim C%(y Clerk
SUBJECT: Revocable Permit
Enclosed you will find three revocable permits in favor of La Gorce.
Island Association, Inc. as the owner of the Guard House Property
located at .6595 Pine Tree Land to install four (4) post-mounted
security cameras on the abutting City right-of-way, for signatures
of the president, secretary and two witnesses.
After obtaining the applicable signatures, please return the
documents to the City Clerk's Office to the attention of Mercy
Williams. Subsequently a fully executed copy will be forwarded to
you for your files in addition to a copy of the, resolution
authorizing said easement (Resolution No. 95-21735, (9/27/95,
R-3-N) .
Thank you.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 41 a-qS R�
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: September 27, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: REVOCABLE PERMIT ALLOWING LA GORCE ISLAND ASSOCIATION,
INC., TO INSTALL POST MOUNTED SECURITY CAMERAS ON CITY
RIGHT OF WAY ADJACENT TO THE GUARD-HOUSE AT THE BRIDGE
TO LA GORCE ISLAND.
Attached is a Revocable Permit for La Gorce Island Association Inc.,to install and maintain four
(4)post mounted security cameras on the City right-of-way adjacent to the Association's property
at 6595 Pine Tree Lane and the guard-house to La Gorce Island as shown on the attached
Exhibit A.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission authorize the execution of
the attached Revocable Permit in favor of La Gorce Island Association Inc. for the use of the City
right- of-way on Pine Tree Lane to install and maintain four (4) post mounted security cameras
adjacent to the Association's property at 6595 Pine Tree Lane and the guard-house to La Gorce
Island(see attached exhibit A).
BACKGROUND:
In June 1993,the City of Miami Beach Mayor and City Commission adopted Resolution 93-2855,
amending the City Code Chapter 33 and establishing procedures for granting,denial and revocation
of Revocable permits for use of City owned property.
In granting or denying the permit the Commission would consider"the need of the applicant,whether
applicant owns abutting property, effects on neighboring properties,public welfare, economic
impact on the City,compliance of the proposed improvements with existing ordinances, laws,rules
and neighborhood plans, and effect on governmental/utility easement and uses.
The La Gorce Island Association Inc. at their March 1995 annual meeting reached a consensus for 81
AGENDA ITEM
DATE 1-a- --IS
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COMMISSION MEMORANDUM Page 2 September 27, 1995
the need to install security cameras to record a view of vehicles and their occupants going through
the La Gorce Island gate. Since the best location to install these security cameras is on public right-
of-way, the Association is requesting a Revocable permit for the use of said location.
The applicant's request was reviewed on the July 12, 1995 Commission meeting and a public
hearing was set for the July 26, 1995 commission meeting. The item was deferred due to extensive
Commission agendas.
ANALYSIS:
The La Gorce Island Association Inc.,a home-owners association of La Gorce Island residents and
property owners in Miami Beach, owns the property at 6595 Pine Tree Lane and operate the
security gate and guard house to the island. The attached Revocable permit shall allow the
Association to install and maintain four(4)post mounted security cameras on the City right-of-way
with the underground wiring within 154 sq. ft. of City right-of-way, adjacent to the Association's
property and the guard-house to La Gorce Island. This will generate in addition to the $1,000.00
application fee, an income of$46.00 based on the$0.30 per sq. ft. of annual permitting.
CONCLUSION:
The revocable permit for use of the public right-of-way on Pine Tree Lane adjacent to the La Gorce
Island guard-house and the La Gorce Island Association Inc.'s property at 6595 Pine Tree Lane
to install four(4)post mounted security cameras(as shown on the attached Exhibit A) should be
granted. The La Gorce Island Association Inc.,will assume all responsibility for the maintenance
and liability within this area.
Attachment
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EXHIBIT A (not to scale)
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C;TY Cyr=•';'„ "T.
July 14, 1995 J U L 1 9 1995
BY
Mr. Richard E. Brown, City Clerk
Time_---
City of Miami Beach
Commission Chambers at City Hall
1700 Convention Center Drive
Miami Beach, FL 33140
Dear Mr. Brown,.
We are in receipt of your notice concerning a public hearing on Wednesday,
July 26th at 3:30 PM to consider the request for a revocable permit
submitted by La Gorce Island Association, Inc., for installing four(4)
post- mounted security cameras.
These cameras would be installed at the expense of La Gorce Island residents
and are not only for their protection but for all who choose to enter and leave
the island. The island streets are public but not a public thoroughfare. There
is only one way to enter and leave the island. The security guarded gate is
for the protection of all and the proposed cameras are only a further means
of adding to said protection.
The Commission of Miami Beach should pass without hesitation such request
as a further means of safety protection without added expense to the tax
payers.
Respectfully ub 'tted,
f •
Alvin F. indsay
President
La Gorce Island Association
6645 Pine Tree Lane
La Gorce Island
Miami Beach, FL 33141
284
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A REVOCABLE PERMIT IN FAVOR OF LA
GORCE ISLAND ASSOCIATION,INC.AS THE OWNER OF
THE GUARD HOUSE PROPERTY LOCATED AT 6595 PINE
TREE LANE, FOR A REVOCABLE PERMIT TO INSTALL
FOUR(4)POST-MOUNTED SECURITY CAMERAS ON THE
ABUTTING CITY RIGHT-OF-WAY ADJACENT TO THE
GUARD HOUSE AT THE ENTRANCE TO LA GORCE
ISLAND.
WHEREAS,the La Gorce Island Association,Inc.,is the owner of the guard house,located
at 6595 Pine.Tree Lane; and
WHEREAS, the La Gorce Island Association,Inc. has applied for a revocable permit to
install four (4) post mounted security cameras on the abutting City-owned right-of-way at the
entrance to La Gorce Island; and
WHEREAS, on July 26, 1995,the Mayor and City Commission held a public hearing to
consider the aforestated request, and it is herein recommended that the Revocable Permit(Exhibit
"A") be approved.
NOW,THEREFORE,BE IT DULY RESOLVED by the Mayor and City Commission
of the City of Miami Beach, Florida that the Mayor and City Clerk are authorized to execute the
attached Revocable Permit in favor of the La Gorce Island Association, Inc., as the owner of the
guard house, located at 6595 Pine Tree Lane for a revocable permit to install four(4)post-mounted
security cameras on the abutting City-owned right-of-way at the entrance to La Gorce Island.•
285
AGENDA
ITEM -
DATE q D.7-1-95
PASSED AND ADOPTED this_.day of , 1995.
MAYOR
ATTEST:
APPR '. •
CITY CLERK LEGAL DEP
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REVOCABLE PERMIT
THIS AGREEMENT, made on the day of , 1995, by and
between the CITY OF MIAMI BEACH(City),and the LA GORCE ISLAND ASSOCIATION,INC.
(Permittee).
WITNESSETH
WHEREAS,the Permittee is the owner of property abutting the Demised Premises,located
at 6595 Pine Tree Lane,Miami Beach,and legally described as Lot 6 of Block 5,as recorded in Plat
Book 44, Page 56 of the Public Records of Dade County, Florida; and
WHEREAS,the Permittee wishes to make an improvement on the Demised Premises; and
WHEREAS,the City in consideration of the restrictions and covenants herein contained,
hereby permits the exclusive use of the City right-of-way, as described in (Exhibit "A"), for the
period of twenty (20) years commencing on , 1995 (the Demised
Premises).
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.
• .787
1 AGENDA
ITEM_ ' "
DATE 9 - C
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ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises to install four (4) post-mounted security
cameras adjacent to the guard house on La Gorce Island,in the exact configuration as described in
Exhibit"A,"(the Improvements). No other Improvements of any kind shall be made to the Demised
Premises without the prior written consent of the Mayor and City Commission.
ARTICLE II
IMPROVEMENTS BY PERMITTEE
The Permittee shall have sole responsibility for obtaining all regulatory approvals,permits
or licenses required for the placement of the Improvements upon the Demised Premises. The
Improvements made by Perniittee shall be removed from the Demised Premises at the expiration or
termination of this permit. Removal by the City of the Improvements made by the Permittee or
portions thereof shall be at the sole expense of the Permittee and governed by Article X hereunder.
ARTICLE III
CONDITION OF DEMISED PREMISES AND MAINTENANCE
The Permittee,at its own expense,shall cause the Improvements and 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 safe,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 the premises shall be made by the City.
2 ^taS
ARTICLE IV
INDEMNIFICATION
Permittee agrees that it will indemnify, hold and save the City, their officers, agents,
contractors and employees whole and harmless and at City's option defend same,from and against
all claims,demands,actions,damages, loss,cost,liabilities,expenses and judgments of any nature
recovered from or asserted against City on account of injury or damage to persons or property to he
extent that any such damage or injury may be incident to, arising out of, or be caused, either
proximately or remotely,wholly or in part,by and act,omission,negligence or misconduct on the
part of Permittee or any of its agents, servants,employees, contractors,guests, licensees or invitees
or of any other persons entering upon the Demised Premises used hereunder with the express or
implied invitation or permission of Permittee, or when any such injury or damage is the result,
proximate or remote, of the violation by Permittee or any of its agents, servants,-employees,
contractors, guests,licensees or invitees of any law, ordinance or governmental order of any kind,
or when any such injury or damage may in any other way arise from or out of the use by Permittee,
its agents, servants, employees, contractors,patrons, guests, licensees or invitees of the Demised
Premises used hereunder, or arises out of any action challenging the granting or legality of this
Revocable Permit. Permittee covenants and agrees that in case City shall be made party to any
litigation against Permittee,or in any litigation commenced by any party against any party other than
Permittee relating to this Agreement or the Premises used hereunder,then Permittee shall and will
pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or
imposed upon City by virtue os any such litigation, including appeals.
3 - 289
ARTICLE V
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 any
personal property.
ARTICLE VI
CITY'S RIGHT OF ENTRY
The City or any'of its agents,shall have the right to enter upon the Demised Premises at any
time for the purpose of inspecting the Improvements and/or the Demised Premises., or to gain
access to or repair any utilities located with any City easement. Such right of entry shall also exist
for the purpose of removing structures, improvements, alterations or landscaping which do not
conform to this permit. Any removal of improvements or damage to the allowed Improvements or
landscaping made by the City and necessitated by the Permittee's use of the Demised Premises,shall
be at the sole expense of the Pern ittee. Further,the City shall not be responsible for the restoration
of the Demised Premises,its fixtures,fences,walls,or landscaping,in the event such are damaged
or removed by the City in order to inspect,repair or gain access to its utilities located on the land
which is the subject of this Revocable Permit. Additionally,any expenses incurred by the City,but
not paid by the Permittee,in removing such improvements or landscaping shall become a lien upon
the Permittee's abutting property,which may be foreclosed within one year of its filing.
e�
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ARTICLE VII
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto, that the City may, in its sole
discretion,upon ten(10)days written notice to the Permittee,cancel or terminate this permit,without
cost or liability to the City.
ARTICLE VIII
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 the La Gorce
Island Association, Inc., 6595 Pine Tree Lane, Miami Beach, Florida 33141, 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. Notice by U.S. Mail shall be deemed effective when
mailed.
ARTICLE IX
ASSIGNMENT
The Penmittee shall not sublet, assign,transfer,mortgage,pledge,or dispose of this permit
for the term hereof.
Z
5 9j
ARTICLE X
SURRENDER OF PREMISES
At the expiration of this Permit or Cancellation thereof, Permittee shall, without demand,
quietly and peaceably deliver up possession of the demised premises free of any walls, fences or
other like fixtures or Improvements. The Permittee shall be responsible for the expenses to put the
Demised Premises in said condition. If the premises are not in such condition, at the expiration,
renewal,or cancellation of this Permit,Permittee hereby agrees that the City shall have the right to
restore the Demised Premises to such condition. The Permittee agrees to reimburse the City for all
such expenses within thirty (30) days of mailing of a statement to the Permittee at the address
indicated in Article 8. If not paid,the expenses incurred by the City in so doing shall become a lien
upon the Permittee's abutting property and/or leasehold may be foreclosed with one year form the
filing of such a lien,or the City,at its option,may seek such other remedies as may be allowable by
law.
PERMI 1-1bE FURTHER STATES THAT HE HAS CAREFULLY
READ THE FOREGOING REVOCABLE PERMIT AND KNOWS
THE CONTENTS THEREOF AND FULLY REALIZES ITS
MEANING AND SIGNS THIS REVOCABLE PERMIT OF HIS
OWN FREE WILL.
IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit
Agreement for the purposes herein expressed the days and years first above written.
6 292
ATTEST: CITY OF MIAMI BEACH
City Clerk Mayor
In the presence of: PERMITTEE:
LA GORCE ISLAND ASSOCIATION,INC.
Witness President
Witness Secretary
1 ORM APf ROV
LEGAL DEPT.
By s
Date
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293
CITY OF MIAMI BEACH
NOTICE OF CONTINUED PUBLIC HEARINGS
NOTICE IS HEREBY given that the following public hearings previously scheduled
for the September 13, 1995, City Commission meeting will be held on Wednesday,
September 27, 1995, in the Commission Chambers, City Hall, 3rd floor, 1700
Convention Center Drive, Miami Beach, Florida, at the times listed below:
Lat 3:15 p.m.:
To consider the request for a revocable permit submitted by La Gorce Island
Association, Inc. as the owner of the guard house property located at 6595 Pine
Tree Lane to install four (4) post mounted security cameras on the abutting City
Right-of-Way adjacent to the guard house at the entrance to La Gorce Island.
at 3:45 p.m. :
To consider the request for a revocable permit submitted by A.V. Partners Ltd.
and Gimel Properties Inc., D/B/A Agil Associates, a Florida general partnership
and owner of LaTour condominium at 420.1 Collins Avenue, for the use of the City's
right-of-way on Forty-Second street, adjacent to the applicant's property, Lots
3, 4 , 7 , 8 and the 16' alley in between, Block 37, Ocean Front Property
Subdivision of the Miami Beach Improvement Company, as recorded in Plat Book 5
Pages 7 and 8, of the Public Records of Dade County, Florida, for installing
brick pavers in the parking lane on the North side of 42nd Street adjacent to
their property as required by the Florida Department of Environmental Protection
and to construct brick paver sidewalks and walkways with landscaping, irrigation
system and lighting.
at 4:00 p.m. :
To consider the request for a revocable permit submitted by West Bay Plaza Inc. ,
as the owner of property located at 1688 West Avenue incorporating Lots 6, 7,
8, 9, 12, 13, North half of 14 and portion of lot 10, Block 41, Belleview
Subdivision, as recorded in Plat Book 6 Page 114, of the Public Records of Dade
County, Florida, to retain seven coconut palm trees and thirteen shrubs with
landscaping and irrigation system on the abutting City property along the
westerly wall of the West Bay Plaza project on Bay Road.
ALL INTERESTED PARTIES are invited and will be heard. Inquiries concerning this
item should be directed to the Public Works Department at 673-7620.
Jack Lubin, Interim City Clerk
City of Miami Beach
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING
SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE CITY
CLERK'S OFFICE NO LATER THAN FOUR DAYS PRIOR TO THE PROCEEDING, TELEPHONE (305)
673-7411 FOR ASSISTANCE; IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE
NUMBERS, (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE) , FOR ASSISTANCE.
"Pursuant to Fla. Stat. 286.0105, the City hereby advises the public that: If
a person decides to appeal any decision made by this board, agency or commission
with respect to any matter considered at its meeting or hearing, he will need a
record of the proceedings, and that for such purpose, affected persons may need
to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based. This 2414
94
notice does not constitute consent by the City for the introduction or admission
of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law."
AGENDA R
ITEM
DATE
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A REVOCABLE PERMIT IN FAVOR OF LA
GORCE ISLAND ASSOCIATION,INC.AS THE OWNER OF
THE GUARD HOUSE PROPERTY LOCATED AT 6595 PINE
TREE LANE, FOR.A REVOCABLE PERMIT TO INSTALL
FOUR(4)POST-MOUNTED SECURITY CAMERAS ON THE •
ABUTTING CITY RIGHT-OF-WAY ADJACENT TO THE
GUARD HOUSE AT THE ENTRANCE TO LA GORCE
ISLAND.
WHEREAS,the La Gorce Island Association,Inc., is the owner of the guard house,located
at 6595 Pine Tree Lane; and
WHEREAS, the La Gorce Island Association, Inc. has applied for a revocable permit to
install four (4) post mounted security cameras on the abutting City-owned right-of-way at the
entrance to La Gorce Island; and
WHEREAS, on July 26, 1995, the Mayor and City Commission held a public hearing to
consider the aforestated request, and it is herein recommended that the Revocable Permit(Exhibit
"A") be approved.
NOW,THEREFORE,BE'IT DULY RESOLVED by the Mayor and City Commission
of the City of Miami Beach, Florida that the Mayor and City Clerk are authorized to execute the
attached Revocable Permit in favor of the La Gorce Island Association, Inc., as the owner of the
guard house, located at 6595 Pine Tree Lane for a revocable permit to install four(4)post-mounted
security cameras on the abutting City-owned right-of-way at the entrance to La Gorce Island.
PASSED AND ADOPTED this _-day of , 1995.
MAYOR
ATTEST:
r �i�i111 APPi�;'_
CITY CLERK LEGAL DEF I .
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A REVOCABLE PERMIT IN FAVOR OF LA
GORCE ISLAND ASSOCIATION,INC.AS THE OWNER OF
THE GUARD HOUSE PROPERTY LOCATED AT 6595 PINE
TREE LANE, FOR A REVOCABLE PERMIT TO INSTALL
FOUR(4)POST-MOUNTED SECURITY CAMERAS ON THE
ABUTTING CITY RIGHT-OF-WAY ADJACENT TO THE
GUARD HOUSE AT THE ENTRANCE TO LA GORCE
ISLAND.
WHEREAS,the La Gorce Island Association,Inc., is the owner of the guard house,located
at 6595 Pine Tree Lane; and
WHEREAS, the La Gorce Island Association, Inc. has applied for a revocable permit to
install four (4) post mounted security cameras on the abutting City-owned right-of-way at the
entrance to La Gorce Island; and
WHEREAS, on July 26, 1995,the Mayor and City Commission held a public hearing to
consider the aforestated request, and it is herein recommended that the Revocable Permit(Exhibit
"A") be approved.
NOW,THEREFORE,BE IT DULY RESOLVED by the Mayor and City Commission
of the City of Miami Beach, Florida that the Mayor and City Clerk are authorized to execute the
attached Revocable Permit in favor of the La Gorce Island Association, Inc., as the owner of the
guard house, located at 6595 Pine Tree Lane for a revocable permit to install four(4)post-mounted
security cameras on the abutting City-owned right-of-way at the entrance to La Gorce Island.
PASSED AND ADOPTED this _day of 1995.
MAYOR
ATTEST:
APPR:'
CITY CLERK LEGAL DEF i.
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