Amendment No. 1 to Revocable Permit (residential property) o2O6- aY7s-0
This instrument prepared by or under
the supervision of:
Raul Aguila,City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
AMENDMENT NO. 1
TO REVOCABLE PERMIT(RESIDENTIAL PROPERTY)
624— This Amendment No. 1 to Revocable Permit (Residential Property) is entered into this
day of - !`' 2015 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporat; n (hereinafter referred to as "City") and VERA MENDER and THE DRAKE
CONDOMINIUM f SSOCIATION, INC., as the successor in interest to South Ocean Properties,
Inc. (hereinafter/eferred to collectively as "Permittee").
WITNESSETH:
WHEREAS, on June 15, 1994, the Mayor and the City Commission adopted Resolution
No._94-21188_granting_a_Revocable_Pe r_m it_Resid ent a I Pr_opert_y_) (`Permit") at 1460 Ocean
Drive to the Permittee to allow for the construction of a handicap access ramp as described in
the attached Permit and Exhibit A thereto; and
WHEREAS, the Permit was for an initial term of twenty (20) years, commencing on July
1, 1994; and
WHEREAS, on March 11, 2015, the Mayor and the City Commission adopted Resolution
No. 2015-28950 approving the renewal of the Permit and authorizing the Mayor and City Clerk
to execute an agreement extending the Permit for an additional twenty (20)years; and
WHEREAS, due to the passage of time, other non-substantive amendments to the
Permit are required to reflect Permittee The Drake Condominium Association, Inc. as the
successor in interest to Permittee South Ocean Properties, Inc. and to reflect current notice
information.
NOW, THEREFORE, the City and Permittee, for and in consideration of the restrictions
and covenants herein contained, do by these presents mutually covenant and agree to amend
the Permit as follows:
1. The reference to South Ocean Properties, Inc. on page 1 of the Permit shall be
amended (deleted words struck through and new words underlined) as follows:
South Ocean Properties, Inc. The Drake Condominium Association, Inc.
2. The third Whereas clause on page 1 of the Permit shall be amended as follows:
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) and, as
extended by Resolution No. 2015-28950, for an additional twenty
(20) years commencing on July 1, 2014.
3. Article VIII on page 4 of the Permit shall be amended as follows:
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 Flaglcr
Street, Suite 2200, Miami, Florida 33130 Samuel J. Dubbin, P.A.,
Dubbin & Kravetz, LLP, 1200 Anastasia Avenue, Suite 300, Coral
Gales, Florida 33134, smell constitute sufficient notice to the
Permittee, and written notice addressed to the City Manager,
with copies to the City Attorney, 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.
4. Except as otherwise specifically amended herein, all other terms and conditions of
the Permit by and between the City and Permittee shall remain in full force and
effect. In the event there is a conflict between the provisions provided herein and
the Permit, the provisions of this Amendment No. 1 to Revocable Permit (Residential
Property) shall govern.
IN WITNESS WHEREOF, this Amendment No. 1 to Revocable Permit (Residential
Property) has been duly executed by the parties hereto as of the day and year first written
above.
ATTEST: CITY OF MIAM FLORIDA
y. r..
•afael E. Granado, j ity ler= •'••�' 7'ip _; � Mayor
Rp CRATED: e
INCO >> APPROVED AS TO
•� j r FORM & LANGUAGE
•'r = / &FOR EXECUTION
,. _.,.� of 3 4
mow , :
City Attorney Date
ATTEST: PERMITTEE
Ji. , A.,,-_ _..i. , / atikt kl , (1-'
Witness Sign u e Vera Mender
� To3v C vsTpt Cratetcw,
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Print N me Ito Fgcr 'c , Vey M�0
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Witness S ature
M t &iq f3°i-i&Vic Z.
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE ) ii,,,
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The foregoing instrument was acknowledged before me this 4- day of 'l, 2015, b
g g g Y � by
t r;O- (3,0--4,-.. . He(she) personally appeared before me, is 1 ersonally known to me
or produced as identification, and did take an oath.
ROBERT MARC SAMUEL
_A
Notary Public, /e'te !. lorida
_: `.. - NOTARY PUBLIC �"
__. f STATE OF FLORIDA
4,.....0. Comm#EE063016'"� Print Name: g
• ,- -,-,-.•
i' Expires 6/4/2015
,/
e j.o .vr:L--
X , a-; ilik"A"A ) p,,,,,,,
itness Signature he Drake Condominiu Association, Inc.
Chs Y L- ' V
P ' me
W'tnei:natu
II_d `et rte ', / '
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF -DADE )
The foregoing instrument was acknowledged before me this 6 da of • 1i.1, 7015, by
JO Mitti e..)10a. e He she) P ersonall a PP eared before iP ■•. known 0 me
or produced as identification,and did take an oath.
011. — - ,, Or
Notary Publi tate of Florida
Print Name: 7 /W IJ i4 itJ5 1)E
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F:\ATTO\TURN\AGREEMNT\Amendment No.1 to Revocable Permit(Residential Property).docx
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REVOCABLE PERMIT
(RESIDENTIAL PROPERTY)
THIS AGREEMENT, made on this"J1day of 1994 between the CITY
OF MIAMI BEACH, (the City)and VERA MENDER and SOUTH OCEAN PROPERTIES, INC.,
(collectively the Permittee).
WITN ESS ETK
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 11
IMPROVEMENTS 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 HI
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 Flayler 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 _
ayor __= our Gelb
ATTEST:
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2,_
City Clerk
PERMITTEE
Witness Vera Mender •
" C -
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=ss
Witnes. i • h Ocean Beach Properties, Inc., President
Witness
Corporate Seal,
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