83-17309-A 4
RESOLUTION NO. 83-17309A
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING A REVOCABLE
PERMIT FOR THE CONSTRUCTION OF A FENCE, CONNECTING
WALL AND LANDSCAPING IN THE EXACT CONFIGURATION
AGREED UPON ON A CITY RIGHT-OF-WAY AT WEST SAN
MARINO DRIVE AND THIRD TERRACE, SAN MARINO ISLAND,
MIAMI BEACH, FLORIDA; AUTHORIZING THE EXECUTION OF
THE REVOCABLE PERMIT BY THE MAYOR AND CITY CLERK.
WHEREAS, Allan and Ray Ellen Yarkin, the owners of the
real property at 114 Third Terrace , San Marino Island, Miami
Beach, Florida, have petitioned the City to allow the construc-
tion of a fence and landscaping on City right-of-way abutting
said property; and
WHEREAS , the City Commission of the City of Miami Beach
has reviewed the proposed revocable permit granting Allan and Ray
Ellen Yarkin the right to construct a fence and landscaping on a
City right-of-way abutting on the property at 114 Third Terrace ,
San Marino Island , Miami Beach, Florida; and
WHEREAS, the allowance of such use of City right-of-way
will be subject to the restrictions of the attached Revocable
Permit.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMIS-
SION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Clerk execute the attached Revocable Permit.
PASSED and ADOPTED this 6th day of April , 1983.7. Cee-e.- c. —=-''
MAYOR
ATTEST:
>2tee- ---c,
City Clerk
APPROVED: LEGAL DEPT. ��_
By: /V11j - (4,241�� 9. c c rneX I
Date: `-i- 2S-j'3
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REVOCABLE PERMIT
THIS AGREEMENT, made on this 15th day of July ,
1983 , by and between the CITY OF MIAMI BEACH, hereinafter called
the "City" and ALLAN and RAY ELLEN YARKIN, hereinafter called the
"Permittee. "
WITNESSET H:
That the City, for and in consideration of the restric-
tions and covenants herein contained , hereby permits the exclu-
sive use of a City right-of-way easement as described on Exhibit
A attached hereto for the period of fifty (50) years commencing
on July 15 , 1983.
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 fence and landscaping in the exact configura-
tion as described on Exhibit A, attached hereto and incorporated
herein, only if approved by the City Commission or other City
Agency.
ARTICLE II
IMPROVEMENTS BY PERMITTEE
The Permittee shall have sole responsibility for
obtaining all regulatory approvals , permits or licenses required
for the construction of such improvements upon the demised
premises. All improvements made by the 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 shall be at the sole expense of the Permittee and
governed by Article IX 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 neat , 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 said premises shall
be made by the City.
ARTICLE IV
INDEMNIFICATION AND HOLD HARMLESS
The Permittee does hereby agree to indemnify and save
the City harmless from any and all claims , liability, losses ,
damages and causes of actions which may arise out of this
revocable permit, or the Permittee ' s activity on the demised
premises.
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.
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ARTICLE VI
CITY'S RIGHT OF ENTRY
The City or any of its agents, shall have the right to
enter upon thedemised premises during all reasonable working
hours 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 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 improve-
ments or landscaping shall become a lien upon the Permittee ' s
abutting property, which may be foreclosed within one year of its
filing.
ARTICLE VII
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto,
that the City may, upon ten days' written notice to the Per-
mittee , cancel or terminate this permit if the City in its sole
discretion needs the property.
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ARTICLE VIII
NOTICES
It is understood and agreed between the parties hereto
that written notice addressed to Permittee and mailed or deliv-
ered to Allan and Ray Ellen Yarkin, located at 114 Third Terrace ,
San Marino Island, Miami Beach, Florida 33139 , 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 Covention Center Drive , Miami Beach , Florida 33119 ,
shall constitute sufficient notice to the City to comply with the
terms of this Permit.
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. The Permittee shall be respon-
sible for the expenses of putting the premises in said condi-
tion. If said premises are not in such condition, at the expira-
tion or cancellation of this permit , Permittee hereby agrees to
allow the City to restore the premises to such condition. The
expenses incurred by the City in so doing shall become a lien
upon the Permittee ' s abutting property and may be foreclosed
within one year from the filing of such a lien.
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.
•
•
PERMITTEE FURTHER STATE THAT THEY HAVE CAREFULLY
READ THE FOREGOING REVOCABLE PERMIT AND KNOW THE
CONTENTS THEREOF AND FULLY REALIZE ITS MEANING AND
SIGN THIS REVOCABLE PERMIT OF THEIR 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 OF MIAMI BE H
MAYOR
ATTEST:
City Clerk
c'ht—Z ALLAN YARKIN
W nes)X
In the presence of:
- ,x�JeVRAY ELLEN YARKIN
,,10Kes,s
SWORN TO AND SUBSCRIBED before me thisav
of 4p4N1 , 1983 .
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
My Commission Expires:
APPROVED: LEGAL DEPT.
By: ) jt '/ ` {
Date: , J --
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