RESOLUTION 87-19102 RESOLUTION NO. 87-19102
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A REVOCABLE PERMIT FOR
THE PURPOSE OF CONSTRUCTION OF A STAMPED
CONCRETE DRIVEWAY IN A PORTION OF THE CITY
RIGHT-OF-WAY AT 4535 NORTH MERIDIAN AVENUE.
WHEREAS, Ira and Honey Giller , of 4535 North Meridian Avenue
have requested a revocable permit ( attached hereto ) for the
purpose of construction of a Stamped Concrete driveway in a
portion of the City right-of-way of North Meridian Avenue; and
WHEREAS, the City Manager recommends granting the revocable
permit and the City Attorney has approved it as to form; and
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, for the purpose
of construction of a Stamped Concrete driveway in a portion of
the City right-of-way of North Meridian Avenue .
PASSED and ADOPTED this 2nd day of December 1987 .
)//
/ AL _ 441
ippr rr 0'
ATTEST:
2-A46„.,/CITY CLERK
APPROVED AS TO FORM:
LE AL DEPARTMENT a/2487
Official Record 13571 page 996
REVOCABLE P ERM I T
THIS AGREEMENT, made on this /rd day of �February
1914 between the CITY OF MIAMI BEACH , hereinafter called the
"City " and IRA and HONEY GILLER , 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 fifty ( 50 ) years
commencing on February 3 . 1988 •
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 stamped concrete driveway in 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 construction 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 hereunde: .
Official Record 13571 page 997
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 refuse and debris . Determination of 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
necessitated by the Permittee ' s use of said premises, shall be at
the sole expense of the Permittee . Further , the City shall not
Official Record 13571 page 998
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 Ira and Honey Giller , located at 4535 N.
Meridian Avenue, Miami Beach, Florida 33140 , 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 .
Official Record 13571 page 999
ARTICLE X
SURRENDER OF PREMISES
At the expiration of this Permit or cancellation
thereof , Permittee shall , without demand, quietly andeaceabl
P Y
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 abuttingro er t and be
P P Y may
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
y
and year first above written.
CITY OF MI! - . B H
1/rB
Y '
41011r
AL ' D'OUD
ATTEST: /6 "--A__ ./
City Clerk 1-1J/114/
//
one rill
Witnesses Ira Giller
SWORN TO AND SUBSCRIBED before me this 6 day of
, 198a.
•
NOTARY PUBLIC STATE'OF FLORIDA t a O r y P u l i c , State of
NY COMMISSION EXP. MAY 19,1991 Florida a Large
t L
BONDED THRU GENERAL INS. UNO, g e
My Commission Expires:-)
AMW/MLB/r lw FORM .-
•
1tkuJj
This property described is : _
Lot 14 .and the North of �-..�� �. ,�,� 1-----........
Lot l 5 ,
Block 8 , Official Record 13571 page 1000,„,..
000 . I. • *- -
Pg I
NAUTILUS ADUIT]ON ,
-.ccordi ng to the P1rit +j 12 i �' IQ r 1:14, 17 ,,
thereof , As recorded in '
�
Plat Book 8 , Page ) 30 - ' j .Jj
of the Public Records of U M. 1JI i 4,k .
Dade County , Florida . IV-4110J - • L'i CI-(
?_7 ).•:.:26,c,-; ,
a-
. ....
ii'll/15/T 'A"
__--J. _ _ •a,,,)/ -._.:-7 _ i...e. ' /' )
461-_ („
A= Ic. 1 • I c .
X 45'TI _ : ,- ._rri ' ..-_ - LL
0.2'« . - .J 'x.�E
-‘kt) IT 1.0 _ Eiu�>,rd�� -
Z
1 0(0
V Cf.
1
•
'
•
•
r7
• e, 2i ? ' . •
0 i...; r,. . . • 4. . , ..1.0/
‘1‘
n i ‘'). 's:Ir\. I.) --,
`)• 1 1 v o
-- _ Thr..s (1)
;�
i
.9v' t^ .
•7S ''T1t)c- C& r.7.0• -
1 . a' -I.ZL_ -
r't i :'lb: ;
7 1 ,, ,.---.-
• t s.....
,
I .
1
1
tY
X 4
C2'
l t1 ,rl 1471,X.s•r l.1,1"I . I
Ce I
Pv e"i 1
ir eICr�T t -- —___ U QED �_� ---, Ei&NT OF WAY
OF WAY &of:9 QED � _57,tr- TSTA M PE D k.
STAMPED CO�lCeETE I f
CO/VC ef1E t? I VE W4Y-r
W 4 vA)1 1A
r1
1.s. , --• .•. -_ ..-
M�- Dl,0 AUE
- -_________-,ct, -ct I
23 p,i/vor.
Certified To : American Savings & Loan Association g of Florida .
R()l'I R I l 01 Ciller , 4535 North Meridian Avenue , Miami Beach, Florida .
t 1+E AE B Y CE RTtF v that the,survey LANNES and GA R C I A, INC
renrf'scntPcl hereon rT is the mm,
mum reoic,rempnts adopted by the
r S t' L S and tit,. t• 1 1 A and E_N(.INI 1 RS ANt) SIIRVCl ORS I AND PI.ANNI RS
ihn.•• a,,. not •nrroar hrn...,is, over
tions •atrrn•nit appea'coq on the
Was ..► vcsctttr •ate►nents whir than
as!ttyvn hereon P. O. B. 56 1131
/4/eKe4_ .e..#0. , M,.,nii, I Hor,dJ 331 Sf)
r' r ?4 -I •
•k ( DRAWN h' 1)P',%; . '.;
7-2:C-79 i m' Se" ' ffeC— 3 7 9-3 8 37
ORIGINAL
RESOLUTION NO. 87-19102
(Authorizing the Mayor and City Clerk to
execute a Revocable Permit for the purpose
of construction of a Stamped Concrete
Driveway in a portion of the City right-of-
way at 4535 North Meridian Avenue)