RESOLUTION 87-19004 RESOLUTION NO. 87-19004
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A REVOCABLE PERMIT TO
BERNARD MATZ AND CARLOS PRIO OF THE WET PAINT
CAFE LOCATED AT 915 LINCOLN ROAD MALL FOR THE
PURPOSE OF MAKING AN OUTDOOR SEATING AREA IN
A CITY RIGHT-OF-WAY.
WHEREAS , Carlos Prio and Bernard Matz, owners of the Wet
Paint Cafe, located at 915 Lincoln Road Mall, have requested a
revocable permit (attached hereto) for the use of the City right-
of-way on Lincoln Road designated in Exhibit A of the permit for
the purpose of outdoor seating for their restaurant ; and
WHEREAS, the City Manager recommends granting the revocable
permit and the City Attorney has approved it as to form; and
WHEREAS , the City Commission deems it to be in the best
interest of the City to grant said permit for promoting tourism
and patronage on Miami Beach;
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH that the Mayor and City Clerk are authorized
to execute the revocable permit attached hereto, to allow the use
of the area designated in Exhibit A of the permit by the Wet
Paint Cafe as outdoor seating for the restaurant .
PASSED AND ADOPTED this 7th day of October , 1987 .
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ATTEST:
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CITY CLERK
APPROVED AS TO FORM:
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
DATE: October 7t 1987
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Rob W. Parkins
City Manager
SUBJECT: REVOCABLE PERMIT - WET PAINT CAFE - 915 LINCOLN ROAD MALL
Attached is a Revocable Permit for the placing of an outdoor seating area in the City
right-of-way as described in Exhibit A.
ADMINISTRATION RECOMMENDATION:
The Administration recommends the approval of the Revocable Permit.
RWP/RLR/DR//b
Attachment
AGENDA
ITEM
DATE
VOCABLE PERMIT
THIS AGREEMENT, made on this day of
1987 between the CITY OF MIAMI BEACH , hereinafter called the
"City" and Bernard Matz and Carlos Prio of Wet Paint Cafe, 915
Lincoln Road Mall , hereinafter called the "Permittee" .
WITNESSETH
That the City , for and in consideration of the
restrictions and covenants herein contained, hereby permits the
exclusive use of a City right-of-way easement as described in
Exhibit A attached hereto for the period of one ( 1 ) years
commencing on , 1987 .
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 Permitee shall use the demised premises for an
outdoor seating area for the Wet Paint Cafe, 915 Lincoln Road
Mall the exact configuration as described in 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 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 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 safe, clean condition, free
of grease of refuse and debris . Determination fo the condition
of said premises shall be made.
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.
ARTICLE VI
CITY ' S RIGHT OF ENTRY
The City or any of its agents, shall have the right to
enter upon the demised 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
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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
improvements 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
Permittee, cancel or terminate this permit if the City in i t s
sole discretion needs the property.
ARTICLE VIII
NOTICES
It is understood and agreed between the parties hereto
that written notice addressed to attorney for Permittee and
mailed or delivered to Bernard Matz and Carlos Prio Wet Paint
Cafe, located at 915 Lincoln Road Mall , 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 Convention Center
Drive, Miami Beach, Florida 33139 , 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
responsible for the expenses of putting the premises in said
condition. If said premises are not in such condition, at the
expiration 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.
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 TO 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 OF MIAMI BEACH
By:
ALEX DAOUD
ATTEST:
City Clerk
BERNARD MATZ
Witnesses CARLOS PRIO
SWORN TO AND SUBSCRIBED before me this day of
, 198 .
Notary Public , State of
Florida at Large
My Commission Expires :
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ORIGINAL
RESOLUTION NO. 87-19004
(Authorizing the Mayor and City Clerk to
execute a Revocable Permit to Bernard
Matz and Carlos Prio of the Wet Paint Cafe
located at 915 Lincoln Road Mall for the
purpose of making an outdoor seating area
in a City right-of-way)