2015-28917 Reso RESOLUTION NO.
2015-28917
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(a)
OF THE CITY CODE, TO CONSIDER RENEWAL OF AN
EXISTING REVOCABLE PERMIT FOR VERA MENDER AND
THE DRAKE CONDOMINIUM ASSOCIATION, INC., TO
CONTINUE TO RETAIN AN EXISTING HANDICAP ACCESS
RAMP IN THE CITY RIGHT OF WAY ABUTTING THE DRAKE
CONDOMINIUM, LOCATED AT 1460 OCEAN DRIVE, MIAMI
BEACH, FLORIDA.
WHEREAS, on June 15, 1994, the City Commission approved Resolution No. 94-21188
(the "Resolution"), granting a Revocable Permit (the "Permit") to Vera Mender and South Ocean
Beach Properties, Inc. to allow for construction of a handicap access ramp (the "Improvements")
on a portion of the City right of way abutting the Drake Condominium, located at 1460 Ocean
Drive, Miami Beach, Florida, for handicap access to the condominium (the "Resolution and
Permit" are attached as Exhibit "A" hereto); and
WHEREAS, the Improvements were constructed in 1994, following approval and
execution of the Permit, on a five (5) by thirty (30) foot section of the City right of way; and
WHEREAS, the Improvements have been continuously maintained and utilized since
1994; and
WHEREAS, the Permit provides for an initial term of twenty (20) years, as allowed
pursuant to Section 82-95(c) of the City Code; with such term having commenced on July 1,
1994, and ending on June 30, 2014; and
WHEREAS, Ms. Mender and The Drake Condominium Association, Inc., as the
successor in interest to South Beach Ocean Properties, Inc. (collectively, Mender and the
Condominium Association are also referred to herein as the "Permittee"), wish to continue to
maintain the existing Improvements on the abutting City property and, accordingly, have
requested that the existing Permit be renewed for an additional twenty (20) year term; and
WHEREAS, other than the request for extension of the initial term (which has expired),
all other terms and conditions of the original Permit would remain unchanged including, without
limitation, Permittee's continued obligation to maintain the Improvements; and
WHEREAS, pursuant to Section 82-93(a) of the City Code, the City Commission shall
schedule a public hearing to consider the request and, additionally, pursuant to Code Section
82-93(b), shall provide at least fifteen (15) days' notice of such hearing to owners of land lying
within 375 feet of the existing permit area.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing, as required
pursuant to Section 82-93(a) of the City Code, to consider renewal of an existing Revocable
Permit for Vera Mender and the Drake Condominium Association, Inc., to continue to retain an
existing handicap access ramp in the City right of way abutting the Drake Condominium, located
at 1460 Ocean Drive, Miami Beach, Florida.
PASSED and ADOPTED this II day of Fe bflia , 2015.
ATTEST:
�Q'. r . ' Philip Lev.' e, ► 7fr'
i1 INCORP ORATED)
Raf.el E. Gran do, City CI-rk No
F:WTTO\AGUR\RESOS-ORD\Drake Condominium Revocable Permit(2-4-15).docx
. APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
City A orney 777
1915 • 2015
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAUL J.AGUILA, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: RAUL J. AGUI1.Q.C�+�
CITY ATTORN
DATE: FEBRUARY 4, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(a)
OF THE CITY CODE, TO CONSIDER RENEWAL OF AN
EXISTING REVOCABLE PERMIT FOR VERA MENDER AND
THE DRAKE CONDOMINIUM ASSOCIATION, INC., TO
CONTINUE TO RETAIN AN EXISTING HANDICAP ACCESS
RAMP IN THE CITY RIGHT OF WAY ABUTTING THE DRAKE
CONDOMINIUM, LOCATED AT 1460 OCEAN DRIVE, MIAMI
BEACH, FLORIDA.
The above referenced Resolution pertains to the renewal of an existing Revocable
Permit to maintain a handicap access ramp on a portion of the public right of way
abutting the Drake Condominium, located at 1460 Ocean Drive, Miami Beach, Florida;
which ramp has been there for twenty years.
Even though this is a request for renewal of an existing Revocable Permit, and not a
new application, I would nevertheless recommend that, in accordance of the
requirements of City Code Section 82-93(a), the City Commission approve the attached
Resolution setting a public hearing to consider such renewal.
Agenda Item C 7 f
Date a//-ic
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RESOLUTION NO 94-21188
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 VERA MENDER AND SOUTH OCEAN
BEACH PROPERTIES, INC., FOR THE CONSTRUCTION OF A
HANDICAP ACCESS RAMP ON THE PUBLIC RIGHT OF WAY
ABUTTING THE NORTH LINE OF THE DRAKE
CONDOMINIUM, LOCATED AT 1460 OCEAN DRIVE.
WHEREAS,Vera Mender and South Ocean Beach Properties, Inc. have requested a
Revocable Permit for the construction of a handicap access ramp on the public right of way
abutting the North line of the Drake Condominium, located at 1460 Ocean Drive;and
WHEREAS,the Administration recommends granting the Revocable Permit,attached
hereto and incorporated herein as"Exhibit"A",and the City Attorney has approved it as to
• form.
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 Vera Mender and South
Ocean Beach Properties, Inc.,for the construction of a handicap access ramp on the public
Right of Way abutting the north line of the Drake Condominiums, located at 1460 Ocean
Drive.
PASSED and ADOPTED this 15th day of June 1994.
ATTEST: MAYOR
CITY CLERK
FORMA .
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RJAdsk21a:1mender.res LE A ' .
1—MILT-2774477
•
Exhibit"A"
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' CITY OF MIAMI BEACH
ell•
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE:(305)872-7010
FAX:(305)873-7782
COMMISSION MEMORANDUM NO. 241 9(/
TO: Mayor Gelber and DATE: June 15,1994
City Commission
FROM: Ropes M.Cart
Cry Ma
REVOCABLE PERMIT TO ALLOW THE CONSTRUCTION OP A HANDICAP
SUBJECT: RAMP ON TEE CITY OWNED RIGHT OP WAY ON FIFTEENTH STREET,
ABUTTING TEE DRAKE CONDOMINIUM, 1460 OCEAN DRIVE, LOT 2
WEST OF OCEAN DRIVE EXTENSION, BLOCK 77, FIBBERS FIRST
SUBDIVISION OF ALTON BEACH.
Attached is a Revocable Permit for Vera Mender and South Ocean
Beach Properties Inc., as co-applicants and owners of property
located in the Drake Condominium, 1460 Ocean Drive. The
Administration is requesting that the attached Revocable Permit be
executed to allow the construction of a handicap access ramp on
City owned right of way on the south side of Fifteenth Street,
abutting the applicants, property.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission authorize
the execution of the revocable permit in favor of Vera Mender and
South Ocean Beach Properties Inc., for the construction of a
handicap ramp as shown in Exhibit A.
AACKGROUND>L
In 1988, as part of the Ocean Drive street improvement project, the
area of Fifteenth street between Ocean Drive and Collins Avenue was
reconstructed with 5 feet wide landscaped area abutting private
properties on the south side of 15th street. The Drake Condominium,
which abuts this landscaped City Right of Way, has an access door
with a concrete landing in this area. The applicant is requesting
the use of a thirty feet long section within this five feet
landscaped area, to construct a handicap access ramp to the
condominium.
MALYSIS:
Vera Mender and South Ocean Beach Properties Inc. shall be
responsible for obtaining all the relevant permits for the
construction of the ramp, and shall provide the proper insurance.
The applicants shall also be responsible for the maintenance of
this structure, and payment of an annual fee in the amount of $45,
based on 150 square feet of use.
CONCLUSION:
The revocable permit for the use of a five feet by thirty feet long ;1S
section of the landscaped area north of the. Drake condominium,
should be approved. Vera Mender and South Ocean Beach Properties
Inc. will assume all responsibility for the maintenance and
liability of the handicap access ramp. AGENDA
ITEM
Attachments �� _I S n
RMC/DR/vgk DATE `�I
REVOCABLE PERMIT
(RESIDENTIAL PROPERTY)
THIS AGREEMENT,made on this?1day of 1994 between the CITY
OF MIAMI BEACH,(the City)and VERA MENDER and SOUTH OCEAN PROPERTIES, INC.,
(collectively the Permittee).
WITNESSETH
WHEREAS,the Permittee is the owner of property abutting the Demised Premises to
the north; i.e., "The Drake Condominium", located at 1460 Ocean Drive, and legally
described as Lots 1 and 2 West of Ocean Drive Extension, and Lots 3 and 4 less portion
beginning Northwest corner lot 3, East 116 feet,Southerly 100 feet,Westerly 132 feet.M/L,
Northerly to Point of Beginning,Block 77, Fishers First Subdivision of Alton Beach,recorded
in Plat Book 2 at page 77 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,for and in consideration of the restrictions and covenants herein
contained,hereby permits the exclusive use of a City right-of-way,as described in Exhibit"A",
attached hereto and incorporated herein,for the period of twenty(20)years commencing on
July 1st. , 1994(the Demised Premises).
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE
PARTIES HERETO:
That the recitations, statements, covenants, warranties and agreements hereinabove
captioned and set forth 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 the construction of a handicap access
ramp in the exact configuration as described in Exhibit"A",attached hereto and incorporated
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herein. No other improvement of any kind shall be made to the Demised Premises without
the prior written consent of the Mayor and City Commission.
ARTICLE II
JMPROVEMENTS BY PERMITTEE
The Permittee shall have sole responsibility for obtaining all regulatory approvals,
permits or licenses required for the placement of such improvements upon the Demised
Premises. All improvements made by Permittee shall be removed from the premises at the
expiration or termination of this permit. Removal by the City of any 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 PREMISES AND MAINTENANCE
The Permittee,at its 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 safe, clean condition, free of grease or refuse and
debris. Determination of the condition of said Demised Premises shall be made by the City.
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
person or property to the extent that any such damage or injury may be 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 Indemnitor or any of its agents,servants,employees,
contractors, guests, licensees or invitees or of any other person entering upon the Demised
Premises used hereunder with the express or implied invitation or permission of Indemnitor,
or when any such injury or damage is the result, proximate or remote, of the violation by
Indemnitor or any of its agents,servants,employees,contractors,guests, licensees or invitees
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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 Indemnitor, its agents, servants,
employees,contractors,patrons,guests, licensees or invitees of the Premises used hereunder,
or arises out of any action challenging the granting or legality of this Revocable Permit.
Indemnitor covenants and agrees that in case City shall be made party to any litigation against
Indemnitor, or in any litigation commenced by any party against any party other than
Indemnitor relating to this Agreement or to the Premises used hereunder,then Indemnitor
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.
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 or owner
for any damage to said 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 or to gain access to or repair any utilities located
within any City easement. Such right of entry shall, likewise, exist for the purpose of
removing structures, improvements,alterations or landscaping which do not conform to this
permit. Any removal of the above,or damage to the allowed improvement or landscaping
made by the City and necessitated by the Permittee's use of said Demised Premises,shall be
at the sole expense of the Permittee. Further, the City shall not be responsible for the
restoration of the 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.
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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 days'written notice to the Permittee,cancel or terminate this permit.
ARTICLE VIII
NOTICES
It is understood and agreed between the parties hereto that written notice addressed
to the Permittee and mailed or hand delivered to Vera Mender, 1460 Ocean Drive, Miami Beach,
Florida, 33139• with copies to: Owen Freed,
Esquire 150 Flagler Street, Suite 2200,
Miami, Florida 33130 shall constitute sufficient notice to the
Permittee,and written notice addressed to the City Manager and mailed or 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
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 X
SURRENDER OF PREMISES
At the expiration of this Permit or cancellation thereof, Permittee shall, without
demand,quietly and peaceably deliver possession of the Demised Premises free of any walls,
fences or other like fixtures or improvements. The Permittee shall be responsible for the
expenses of putting the Demised Premises in said condition. If said premises are not in such
condition,at the expiration 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 so paid,the expenses
incurred by the City in so doing shall become a lien upon the Permittee's abutting property
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and/or leasehold and may be foreclosed within one year from the filing of such a lien,or the
City,at its option, may seek such other remedies as may be allowable by law.
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 for
the purposes herein expressed the day and year first above written.
CITY •F MIAMI BEACH
Alk
ayor our Gel•
ATTEST:
City Clerk
PERMITTEE
ZA/5C-Ze 430—
Witness Vera Mender
G
ow, 01) jit
Witnes � • h Ocean Beach Properties, Inc., President
Witness
Corporate Seal
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