Loading...
Revocable Permit 1360 No. View Dr. Inc.• /O ~~ iF~N 2CiiJYRil44_43ii OR E',p~ll'~II'!I~III'~~!~"'I_'i~~'I"'9~III~I'I~I"I 001 ~ Rf.r;ORGEG QE/i2![Oi~~ 1 : tS.~i. y~~ tigRUEY kWINr CIE RN (1F ~:Fi{lk{r FI'fAf11-IiAGE CUUN('fr FLCIRIGA RE~'OC:1BLr PTRI\'i1T THIS :1CRF.F.~'tF.NT, made on this ~~ay of .TU Y~(C > 20(19- between the Cin• of \tiarni Beach (City) :utd Sun Trust Rank. as 'Crustce under that Certaut Trust Agreement dated October 2H, 1993 (Pcrtttittcc). 4UI fi\GSSLfII VVHF.RF.AS. the Pcrmittx is the owner of the residential property abultin~~ [he Demised Premises. located at 1360 \orih Vie++ Dri+e, Sunsa Island 1\0. 1. Ivliatni Beach, Florida; and WHEREAS, the Yropzrtp' has a de-minimus encroachment(s) that consists of a portion ofan existing car)xrrt that projects into the public ri~~ tt of+vay adjacent to Narlh Vie+u Drive: and R'HF,RF,AS. at its regular tnecting on June 3. 2009, the \dayor and City Commission approved Resolution No. 2009-27091, granting a Kovocablc Permit to Ycrrnittce to retain the alitreslated encroachments on the City property; said Resolution attached and incorporated as Exhibi[ ":1" hereto; and WIII;RE:1S, the City. lirr and in consideration of the restrictions vu1 covenants herein contained. hereby permits the use of the aforestated City right-of-+oay. as described in Lahibit "B-` (Demised Premises), attached hereto and incorporated herein, for the period of twenty (20) years commencing on .lone i, 2009. N01'1' TIIEREFORF., City and Perntiucc. iu eousideratiou of the mutual covenants and agreements herein contained, agree as follo+~s: .ARTICLE I L1SF.OF DF.ittISF.D PREt41[SES BY PLR1vIfffLL~Lb1YROVGit~1FVTS fhc Permittee shall use the Demised Premises tot' the utstallation, maintenance, and construction of the following (hereinafter eollcctivcly referred to as the hnprovements). 1. Such portion of an existing carport that lies within the City property: right-of= way (Demised Premises) adjacent to the Pcnnittce's residence at 13(10 North Vicw• llrivc. Sunset Island No, l; lvtiami Beach. Florida (the Yropcrty). No other Improvcmcnts(s) of arty kind shall be made Ut the Demised Premises without the prior written consent of the Citv. i1K'11CLL II The Pennittee shall have cols responsibility for obt<~inin=all regulatory approvals, permits or licenses requu•ed for the placement of the Improvcmcnts upon the Uctniscd Prctniscs. The hnprovcmcnis marls by Pennittee shall be removed ITOnt the Demised Premises ut the expiration or termination ol'this Permit. Rsmoval by the City of the hnprovements made b}' the Pemtittee or portions thereof shall be at the sole expense of the Pennittee and governed by Article X hereunder. ARTICLE I11 1'he Yerntittee, at its own expense, shall cause the Improvcmcnts and the llemiscd Premises to he in a state oY' good condition from the commencement of this Perntit. The Pennittee shall maintain and keep the Improvcmcnts and the llemiscd Premises in a safe, clean condition. free of refuse and debris. I)etemtination of Qte condition of the Improvcmcnts and ofihs Dsrniscd Premises shall he made by the City. ARTICLE IV I\DENIi\[E1C:1"f1UN Pcrmittcc agrees that it will indemnify, hold and save the City, their officers, agents, contractors :utd empl ogees whole and harmless artd at Cit}''s option dclcud same, froth and against al I claims, demands, actions. damages. loss. cost, liabilities, expenses and judgments of any nature recovered from or asserted against City on account of injun• ar damage u, person or property to the extent that any such datnage or injury may he incident to. arise out of, or be caused, either proximately or remotely, wholly or in part. by any act, omission, negligence or misconduct on the part of Pernriuee ur any of its agcuts, servants, employees. contractors, guests. licensees or invitees or of <•nry other person entering upon the Demised Prcttuses used hereunder with the express or implied invitation or permission of Permittee. or when any such injure or damage is the result. prosiutatc or rzmote, of the violation by Permittee ar any of its agents, servants, employees. contractors, guests, licensees or utvitees afany lave, 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 agcn[s, scrv.vtts, 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- Perntiuee covenants and agrees that in case City shall he made party to any litigation against Permittee, or in any litigation commenced by party against any party other than Permittee. it shall and will pay' all costs attd expenses, includute reasonable aUomey's lees and coon costs, incurred by or imposed upon City by virtue of and such litigation. including appeals. ARTICLE. V 1\O L1.A131L1'fY POR PER50\.~T: PRnPF.RTY All personal property placed or moved ott the llcmised Premises shall be at the risk of Ote Pcrrniucc or the ovvncr thereof. The City shall not he liahlo to the Pcrrnittcc or owner for aoy damage to said personal property. i~RTICLE L'I C1TY'S RI<iH'l' OF GN'1'RY The City or am• of its agents. shall have the right w enter upon the Demised Premises at any time for the purpose ofinspecting the Improvements <vtdiot• the Demised Premises, or to gain access t or repair any utilities located within any City easement. Such right of entn shall likewise, exist for the propose ofremoving structures, unprovetnents, alterations or landscaping +vhich do not conlitrn to this Permit :1tri- removal of the above. or damage to the allo+vcd Improvements or landscaping made by [hc City and necessitated by the Perntittee's use ofsaid lletnised Premises, shall be at the sole expense of the Pennittee. Further, the City shall not he responsible litr the restoration ofthe Demised Premises. its Yixntros, fences, walls. or landscaping, in the event such arc damaged or removed by the City in order to inspect. repair or coin access to its utilities located on the land tvltich is the subject of this Kevocable Pemmit. Additionally, an} expenses incurred by the City. but not paid by the Pennittee, in removing such uuprovements or landscaping shat) become a lien upon the Pcrmittec's abutting property, ~~fiich may bo foreclosed tvithitt one year of its filing. :~K'11CLli VII ]t is understood and agreed between the parties hereto. that the City may. in its sole discretion, upon ten (lU) days' written notice to the Pennittee, cancel or terninate this Permit. ARTICI:F: Vlll nC~TIC>rS :111 ~arittcn notices transmitted behwecn City artd Ycruitrec shall be addressed to: To Permittee: Sutttrtst L;ank, as Trustee 1360 T~orth Vie~y Dr1VL' Miami 13cach, Florida 'Co CiQ•: City of Nfiami Reach ,1ttn: DIr. l red 13eckntann. Yttblic Works Director 1700 Cunvcntion Center llrivc, 4th Floor \~liarni Boach,l~L 33139 (30~) (i7 3-7050 -telephone (30~) 67.-71)25 - facsimile with copies to: ('itv of lvlivni Beach :~ttn: Jose Smith, Fsy. 1700 Com ention Confer Urive. 4th Floor Miami Reach. FT. 33139 (3U5) 673-7470 -telephone (30i) 673-7002 -facsimile :111 notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt reyucsted and shall catstiritte sufficient notice W the Cih' to comply with the terms of this Yerntit. :1R"fICLG 1X ASSICr~11~tF.VT The Permittee shall not suhlct, assign, trartsfcr, mortgage, pledge, or dispose o1• this Perntit fire the tcnn hereof, other than to the beneficiaries of the Sun Trust Bank ,lgrcunent, dated October 28.1991, without the prior written consent of the City. ARTICi.F. X SCRREVllER OG YRG1411SliS :\t the expiration of this Permit or cancellation thereol•. Permittee shall; without denutnd, yuieth~ and peaceably deliver possession of the llcmiscd Premises free of any walls, fences or other like tixtures or lmprovements. The Permitter shall be responsible Icrr the expenses of putting the Demised Premises in said condition. if said Premises are not. in such condition. at the expiration or caztccllation of this Permit, Pemtittee hereby agrees that the Cite shall have the right to restore the Demised Premises ut such condition. 'fhe Yernittee agrees to reimburse the City Ibr all such expenses within thirty (10) days ofmailing of a statement to the Permittee at the address indicated in .Article 8. I I not so paid, the expenses incurred by the City in so doing shall become a lien upon the Yernittee's abutting property ancllor leasehold and map he fitrccloscd within one ycv from the Tiling oC such a lien, or the Cit`•. at its option, may seek such other remedies as muy be allowable by ]ate. PF.R1v1ITTF.F. FUR'T'HER SI'.\ fGS 1'H:1T 11L ILaS CAKI;PL:LLY RL:1I) TIIE FORF.GQNCi RF.VOCABLF. PFRh91 I'i\plll KNO\A~ S 'fHE CON~fGV"fS 111LI~OF .AKD FL:I,I:Y RF.,AI:}7.F.S ITS 1•iF.A~111~G AND SIC}NS THIS REVOC:1BLli YElZ1fIT OP IIIS O\VV PRLli \\'ILL. i N 4b7Ti\F.SS 44'HF.RIiOF, the parties have hereunto executed this Revocable Permit li>r the purpose, }tercitt expressed the day and pear lint ahoy: written. CITY OF )v~}1:4h~}I B6:1CH ~__ T /' ~' ~~C~~i~~zl~~'2 1v , t I [errera ow•er, \dayor PI:Rh}rrrLL (Yermittee sign ature to follow on neat page) Sigitanue Print vatuc APPROVED AS TO FORM & LANGUAGE & FOR Fa(ECU710N r--' ~ ,~. ~ q oq ~~ ,tY o a a A•I°TES"f: ', ~~. ~Y w`_ -- Robert Parcher_ Cih Clerk 1Tv WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for the purposes herein expressed the day and yeaz first above written. ATTEST: Robert Pazcher, City Clerk Ss~ ~6SI~S Print Name Wi ess , Print Namc CITY OF MIAMI BEACH Matti Herrera Bower, Mayor PERMITTEE Sign ure ~e / e!-( ~~ R-~ Print ~Iamc RESOLUTION NO. 2009-27091 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIG HEARING TO HEAR PUBLIC COMMENT ON SAME, AND HAVING CONSIDERED THE CITY ADMINISTRATION'S RECOMMENDATION AND THE CRITERIA PURSUANT TO SECTION 82-94 OF THE MIAMI BEACH CITY CODE, GRANTING A REVOCABLE PERMIT TO MR. IRA M. ELEGANT, AS OWNER OF THE RESIDENTIAL PROPERTY (SINGLE FAMILY RESIDENCE} LOCATED AT 1360 NORTH VIEW DRIVE; SAID PERMIT TO RETAIN THE NORTHEASTERN PORTION OF A CARPORT, BUILT WITHIN AND OVER A PORTION OF THE PUBLIC RIGHT-0F-WAY ALONG NORTH VIEW DRIVE; FURTHER APPROVING AONE-TIME ONLY ASSIGNMENT OF SAID PERMIT TO SUN TRUST BANK, AS TRUSTEE UNDER THAT CERTAIN TRUST AGREEMENT DATED OCTOBER 28, 1993, AS THE BUYER/NEW OWNER OF THE PROPERTY AT 1360 NORTH VIEW DRIVE; SUCH ASSIGNMENT SUBJECT TO AND CONTINGENT UPON THE CLOSING OF THE SALE OF THE PROPERTY OCCURRING ON OR BEFORE JUNE 5, 2009. WHEREAS, Ira M. Elegant (Applicant). owns the residential property located at 1360 North View Drive, Sunset Island No. 1 (Properly); and WHEREAS, the Property has a de-minimus encroachment that consist of a portion of an existing carport that projects into the public right of way adjacent to North View Drive; and WHEREAS. the City approved and granted a revocable permit for this same carport expansion in September 29: 1986; the permit expired in 2006; and WHEREAS. the Applicant was not aware that the permit had expired until recently, when Applicant sought to sell the Property: and WHEREAS, Applicant has entered into a contract for sale of the Property with Sun Trust Bank, as Trustee under that Certain Trust Agreement dated October 28: 1993 (buyer/new owner) and, prior to closing on the sale of the Property, Applicant has requested that the City approve and grant a new revocable permit to be allowed to continue to maintain the referenced carport encroachment; and WHEREAS, concurrent with the granting of the permit to Applicant, Applicant also requests that the City approve an assignment of the new permit from Applicant to the buyer/new owner; and WHEREAS, provided the City Commission grants the permit, the City Administration does not objeC, to a one-time only assignment of the permit to the buyer/new owner; provided that Applicant and buyer/new owner close on the sale of the Property or, or before June 5, 2009: and WHEREAS, in the event that the permit is granted to Applicant, and Applicant and buyer/new owner do not close on the sale of the Property on or before June 5, 2009, then the one-time only assignment shall be null and void, and any subsequent owner of the Property 1;\HIBI'f "A" (including buyer/new owner if it closes with Applicant after June 5, 2009) will be required to submit a new application requesting a revocable permit to maintain the subject encroachment; and WHEREAS, the City Administration has reviewed Applicant's request in accordance with the criteria for grantingldenying revocable permits pursuant to Section 82-94 of the City Code: the Administration's review is set forth in the Commission Memorandum accompanying this Resolution: and WHEREAS, at its regular meeting on June 3, 2009, the City Commission held a duly noticed public hearing to hear public comment on the request for revocable permit, as required pursuant to Section 82-93 (b) of the City Code; and WHEREAS, the Administration's analysis has determined that the Applicant has satisfied the criteria for granting a revocable permit, and recommends granting said permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing to hear public comment on same. and having considered the City Administration's recommendation and the criteria pursuant to Section 82-94 of the Miami Beach City Code, grant a Revocable Permit to Mr. Ira M. Elegant, as owner of the residential property (single family residence) located at 1360 North View Drive; said permit to retain the northeastern portion of a carport. built within and over a portion of public right-of-way along North View Drive; further approving aone-time only assignment of said permit to Sun Trust Bank, as Trustee under that Certain Trust Agreement dated October 28. 1993, as the buyer/new owner of the property at 1360 North View Drive; such assignment subject to and contingent upon the closing for the sale of the property occurring on or before June 5, 2009. PASSED AND ADOPTED this 3rd day of June, 2009. ATTEST: CITY CLERK AiIAYOR STATE OFFLORIiBAbert Parcher Matti Herrera Power COUNTY OF MWMi-OADE t, ROBERT PARCHER, Chy Clerk of ~ d Miami Beady Florida, do hereby ~ that APPROVED AS TO the above and foregping b a true aa~d oorreR FORM 8 LANGUAGE py of the original thsroof on >ffle r thiB c o ~ FO EXECUTION ~t ~~ NI~OH~ T.+AGENOA~2JOSUUnc 3'~.Cr~scrl'~.ROVxaole Per^',rt l:r."nc N V ev: Dr RP..u~.7C.c WiTNE~ my hand an tl+e seal of said Gty ' "` ~ 4 0 5 tA, 40,Q..~. this~day ~ r ^ -t k ~ tom J~ ate ~ ,~-~- a.~,[-P.~~.-- d ROBERT PARCHER ~, City Clerk of the City of Miami Beach, t7ortda Bt7i3!'. 1'65'11 F'AitiF_ i. A'ST PAGE TOTAL AREA 44 SQ.FT. CARPORT CANOPY ,,,.. ,, ,~~~ R:jW._..~_.. SKETCH OF SURVEY a~ ,~ EXHIBIT "B" ~EGA~ DESCRIPTION A portion of land bounded by the North and West property line of Lot 1, Block and bounded by the center lines of West 29th Street and Lake Avenue, as shown in SUNSET LAKE cXTENSION, Plot Book 40, Poge 23, Public Records cf Miami-Dade County, Florida. ~ , .,„~o ~ -"' _ - ~ EXHIBIT B iUBLIC WORKS DEPARTMENT oaozaw „_._____ ~`~~1~* 1 CITY OF MIAMI BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Robert Parcher City Clerk FROM: Raul J. Aguila Deputy City Attorney SUBJECT: Ira Elegant Revocable Permit DATE: July 13, 2009 Attached please find a recorded copy of the above-referenced Agreement. Should you have any questions or comments regarding the above, please do not hesitate to contact me. RJA1ed