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99-23398 RESO RESOLUTION NO. 99-23398 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO THE LA GORCE ISLAND ASSOCIATION, INC., FOR THE CONSTRUCTION OF A DOCK FACILITY WITHIN THE LA GORCE BRIDGE CITY RIGHT-OF-WAY, TO BE USED BY THE ISLAND'S NOCTURNAL SECURITY BOAT PATROL. WHEREAS, the La Gorce Island Association, Inc. (the Association) represents the La Gorce Island property owners; and WHEREAS, the Association, presently owns property at 6695 Pine Tree Lane and is contemplating selling this property; and WHEREAS, the Association maintains a docking facility at this property, which is being used by the Island's security patrol boat; and WHEREAS, pursuant to Chapter 82, Article III of the Miami Beach City Code, the Association has submitted an application for a Revocable Permit to relocate said dock on to the City's La Gorce Island bridge right-of-way; and WHEREAS, pursuant to Chapter 82, Article Ill, Division 2, Section 82-94, of the Miami Beach City Code, the Mayor and City Commission held an advertised public hearing to consider the aforestated request on November 17, 1999; and WHEREAS, following said public hearing, and in accordance with the Administration's recommendations, the Mayor and City Commission has determined that the criteria for the granting of said Revocable Permit, as set forth in Section 82-94 of the City Code, has been satisfied and that, accordingly, the Revocable Permit be granted to the Applicant; and WHEREAS, the Administration would further recommend that the Revocable Permit be granted to the Association, subject to the conditions set forth in this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Revocable Permit is hereby granted to the La Gorce Island Association, Inc., to erect a docking facility within the City's La Gorce Island bridge right-of-way, provided all pertinent permits are obtained prior to the construction of the dock. PASSED and ADOPTED this 17th day of November , 1999 ATTEST: APPROVED ^c:.. TO FORJA & LANGUAGE & FOR EXECUTION 1fiai MAYOR J0 (). '~t1L(A t t/ {(,t-d~ CITY CLERK Ai/ ~ ' ft( ,. 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B :'l ~ I I ~ <( o ~ . ~, ~ -~ ! ~: I w~ lD- l ;j S i ~~ I o ! ~ o CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 COMMISSION MEMORANDUM NO. -8 SL- '19 TO: Mayor Neisen Kasdin and Members of the City Co DATE: November 17,1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO THE LA GORCE ISLAND ASSOCIATION, INC., FOR THE CONSTRUCTION OF A DOCK FACILITY WITHIN THE LA GORCE BRIDGE CITY RIGHT-OF-WAY, TO BE USED BY THE ISLAND'S SECURITY BOAT PATROL. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANAL YSIS: The La Gorce Island Association, Inc. (the Association) presently owns the property located at 6695 Pine Tree Lane, where they maintain a dock for the Island's security patrol boat. Since the Association is contemplating the sale of this property, they are requesting to relocate their security boat docking facility to the adjacent City right-of-way, where they will be installing a floating dock approximately 18 feet long by 8 feet wide and associated concrete slab. The Association, representing the La Gorce Island property owners, has completed the application requirements for a Revocable Permit requesting the use of the La Gorce Island bridge right-of-way for the construction of this dock. P~!suant to City Code, Chapter 82, Article III, Division 2, Section 82-92, "Revocable Permits", a public hearing was scheduled to be held on today's Commission Meeting. If the Revocable Permit is granted, the Association will have to prepare the dock construction plans and obtain all applicable permits for the construction of this dock, including DERM and others as required. The Administration recommends that the Mayor and City Commission adopt this resolution granting the Revocable Permit to the La Gorce Island Association for the use of the La Gorce Island bridge right-of.:way for the construction of the dock. ~~.' 1:~~~"o""wro Attachment 7 AGENDA ITEM Rl E. DATE~ REVOCABLE PERMIT It rl1 1'111 THIS AGREEMENT, made on the t 1 day of r--ttVbH-i f~(; IL- ,).OOd: by and between the CITY OF MIAMI BEACH (City), and the LA GORCE ISLAND ASSOCIATION, INC, a Florida not for profit corporation ("Permittee"). WITNESSETH WHEREAS, the City holds in trust for the public the area of Pine Tree Drive right-of- way over La Gorce Canal and particularly the right of way East of the bridge as more particularly described in Exhibit A as attached hereto and made a part hereof (hereinafter referred to as the "City Property"); WHEREAS, the Permittee is the owner of property located at 6595 Pine Tree Lane, Miami Beach, and legally described as Lot 6 of Block 5, La Gorce Island as recorded in Plat Book 44, Page 56 of the Public Records of Dade County, Florida (hereinafter the "LGI Property") which property abuts the City Property; and WHEREAS, the Permittee wishes to make improvements on a portion of City Property, as described in Exhibit B, as attached hereto and made a part hereof (such portion is hereinafter referred to as the "Demised Premises"); and WHEREAS, the City in consideration of the restrictions and covenants herein contained, hereby permits the exclusive use of the Demised Premises (as described in Exhibit liB "), in accordance with the terms hereof and desires to set same to writing. 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. Revocable Pennit11300 i l)j;1t/ ~) ARTICLE I USE OF DEMISED PREMISES BY PERMITTEE The Permittee shall be allowed to use the Demised Premises in accordance with the following: (a) Permittee, except as otherwise set forth in Article VI hereof, shall have the right to exclusive use, subject to the City's right of entry as set forth in Article VI herein, of the Demised Premises VI accordance with the ~~ hereof for a period of twenty (20) years commencing on Nt'Vt11t1J~ / 1 , !~. Provided that Permittee shall not be in default of the terms and conditions hereof, this permit shall be renewed for another twenty (20) years upon the expiration of the original twenty (20) year term. (b) Permittee shall be allowed to construct and maintain upon and/or use the Demised Premises with regard to the following improvements (collectively-the Improvements), subject to the following terms and conditions: (1) To construct and maintain a boat dockage facility related to Permittee's need in operating a security patrol boat for La Gorce Island, whether operated by Permittee or a third party contracting firm (licensed security service); and (2) To install improvements commensurate with the docking and storing of the water craft (boat), including but not limited to the following: ft (a). Slab (concrete, wood or other material) so as to provide a deck for the boat storage; (b) Davits and footings to assist in the removal of the boat from the water\!'lacing tl}<;j1l<AB,ttpack on the water from the storage area; 6-tL~ ~ U/ V~ [; ( c) Poles to support lighting fixtures and surveillance equipment and the requisite conduit lines therefor; (d) Electrical lines to provide power source at the dockage site for operations of electrical equipment for the davits, lighting and other complementing service equipment; ( e) Water line in order to service the dockage area; (t) The expenses reflected in (d) and (e) shall be separately metered to Permittee. Permittee shall pay the recurring charges therefor; -2 - ItJlf/ ft) ~ RevocablePennitl 1 1300 (g) Bumpers, posts and other complementing equipment to be mounted on or about the seawall used in protecting the water craft~ (h) Removable devices to assist boat launching, landing and mooring~ such devices may include but not necessarily be limited to a floating pontoon dock~ (i) No permanent structures such as pilings shall be installed into the water immediately adjacent to the Demised Premises without the City's prior written consent. (3) To provide pedestrian and vehicular access from the Permittee's security guard house over portions of the City Property as identified in Exhibit "A" so as to allow usage of the dock facility as well as servicing the-boat and/or any dock facility thereon. 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 Permittee 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 installed by Permittee (as set forth in Article I hereof) 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, at its sole discretion. - 3 - fP' RevocablePennit1 1 1300 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 the extent that any such damage or injury may ~ w\ent to, arising out of, or be caused, either proximately or remotely, wholly or in part, by a:~ct, 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 the 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 of any such litigation, including appeals. -4 - !Iff%: RevocablePerrnitl 1 1300 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 ENTRYITEMPORARY RELOCATION 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 Property. 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 Permittee. 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. Should the City require access to the Demised Premises in order to access their underground piping conduits or other utility access work to be performed by the City and/or any utility company servicing La Gorce Island, the City may require Permittee to temporarily relocate the boat docked on the Demised Premises to a different site so as to allow City and/or any other contractors access to or about the Demised Premises. Permittee shall temporarily relocate its RevocablePermitll1300 - 5 - (Jl!JtV /~ boat within two (2) days from date of receipt of the City's written notification thereof The City shall, once the access need has terminated, notify Permittee accordingly so as to allow Permittee to relocate its boat to the Demised Premises for the continued use of such as contemplated by this permit. ARTICLE VII REVOCATION OF PERMIT It is understood and agreed between the parties hereto, that the City may, without cause and for its convenience, its sole discretion, upon ninety (90) 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 Permittee shall not sublet, assign, transfer, mortgage, pledge, or dispose of this permit for the term hereof -6 - tA1Jl tU ~ RevocablePermitll1300 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 erected by Permittee. 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 VIII. RevocablePennitl I 1300 - 7 - "iI{tV '\;J~ PERMITTEE 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. ATTEST: HcU~J P &U l~"-- City Clerk CITY OF MIAMI BEACH If Mayor In the presence of: PERMITTEE: /._'\ LA GO~/ISLAND:~~7IAfON' l By AjhfiY I~//nr tJ/LL//-J/7 It. tjilt-fArt5 President ~~~ .., /7 " ..#'.' tfl/ /' '... ~/ Ai /' ,0 /~i}_L'" l: / - . ::.."::> sec;Oiary PIM'A A. i*~ . j c:J /1 f? 2cJtJt' / V;' Wit~hrA/ 1~5 Witn ss 05 '_JJtl.Q~;""4 APPROVED pS TO fORN\ Be LA.NGUAGE & fOR EXECUTION 114;J 'l1., /) / r(11 1;1!t/-11/~{.- 3- 2-0- orJ Ckv MQtTley Da'is RevocablePermit111300 - 8 - I{) t# (pJ STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) I, the undersigned Notary Public, do hereby certify that William M. Williams and Diana Patton, the President and Secretary, respectively, of La Gorce Island Association, Inc., a Florida not-for-profit corporation, and who as such officers executed the foregoing Revocable Permit, this day personally appeared before me and acknowledged before me that they executed said Revocable Permit as such officers and attached the corporate seal of said corporation in the name of and for and on behalf of said corporation freely and voluntarily, for the uses and purposes therein expressed, and with full authority so to do. William M. Williams and Diana Patton are personally known to me or have produced as identification and did/did not take an oath. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this J x'T.4day of February, 2000. My Commission Expires: $~~\t~~ OSWALDOJ.MORA ~.t(ti,< :'~ MY COMMISSION II CC 555301 ~~~~f EXPIRES: June 27. 2000 "~i/f.,i1i."" Bonded Thru NolaIy PublIc Underwriters PrintN~~WPtItO~~ Commission Number: Notary Public, State of Florida at Large {seal} STATE OF FLORIDA ) ) SS. COUNlY OF MIAMI-DADE ) I, the undersigned Notary Public, do hereby certify that ~{\ Se Y\ ~ ( ~ ~ \)1\ , the ~\I\YV of the City of Miami Beach, a Florida municipality, and who as such officer executed the Revocab\e Permit, this day personally appeared before me and acknowledged before me that he executed said Revocable Permit as such officer and attached the corporate seal of said municipality in the name of and for and on behalf of municipality freely and voluntarily, for the uses and purposes therein expressed, and with full authority so to do. is personally known to me or has produced as identification and did/did not take an oath. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this ~ day of February, 2000. ~~t\ Print Name: i~\.c,I'&U;" -\\J\0.,)Q2- Commission Number: Notary Public, State of Florida at Large My Commission Expires: { seal } CorpAcknowLaGorceCityMiamiBeach20900 1W~ ~ EXHmIT "A" Grantor of Revocable Permit: City of Miami Beach Permittee: La Gorce Island Association, Inc. The City Property is defined as follows: "Area C" of Pine Tree Drive over La Gorce Canal as dedicated in the La Gorce Island Plat, recorded in Plat Book 34, Page 83, Public Records of Miami-Dade County, Florida The LGI Property id defined as follows: Lot 6, Subdivision of Block 5 La Gorce Island Plat Book 44, Page 56, Public Records of Miami-Dade County, Florida F:\WORK\$ALL\VGK\REVOCPTS\Revocahle pennit11300.doc Revocable Permitll300 :#~. t 41~ ~ EXHIBIT "B" Grantor of R.evocable Permit: City of Miami Beach Permittee: La Gorce Island Association, Inc. The Demised Premises is defined u that portion of the City Property consiltill8 of a portion of the Pine Tree Drive riaht-of-way as set forth in Exhibit "C" attached hereto, comprised ofa strip of land 15 feet wide (measured North from the seawall's edge and running parallel thereto), commencing on the Southwest comer of Lot 6, Block 5 of the Subdivision of Block 5 - La Gorce Island Plat Book 44, Page 56, Public Records of Miami-Dade County, Florida (point of Beginning), hence west :i: 24 feet to the existing bridge structure, hence northerly along the east side of said bridle for 15 feet, thence east to the point of intersection with the west boundary of Lot 6, Block 5, thence southerly along West property line of said Lot 6, Block 5, to the Point of Beginning. 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