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RESOLUTION 88-19344 RESOLUTION NO. 88_19344 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT FOR THE PURPOSE OF AN OUTSIDE PASS THROUGH WINDOW FOR EMCAB CORPORATION, D/B/A MCDONALD'S, LOCATED AT 400 LINCOLN ROAD MALL. WHEREAS, EMCAB Corporation, d/b/a McDonalds, located at 400 Lincoln Road Mall has requested a revocable permit (attached hereto) for the purpose of construction of an outside pass through window; and WHEREAS, the City Manager recommends granting the revocable permit and the City Attorney has approved it as to form; 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 an outside pass through window to be located at McDonald' s, 400 Lincoln Road Mall. PASSED and ADOPTED this 7th day of September , 1988 . ////'7 //a f, MAY4R ATTEST: 11 -1--A; CITY CLERK APPROVED AS TO FORM: •:::2-t5L .0. -2" LEGAL DEPARTMENT Date: ' SWS/rlw REVOCABLE PERMIT THIS AGREEMENT, made on this /) day of 1988 between the CITY OF MIAMI BEACH, hereinafter called the "City" and EMCAB Corporation, d/b/a McDonald' s, of 400 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) year commencing on September 7 , 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 an outside pass through window for McDonald's, 400 Lincoln Road Mall in the exact configuration as described in Exhibit A, attached hereto and incorporated herein. No other improvement of any kind shall be made to the demised premises without the prior written consent of the City Commission 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 X hereunder. 1 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 premises shall be made. ARTICLE IV INDEMNIFICATION AND INSURANCE 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. The permittee must, during the full period of this permit, maintain a policy of general liability insurance in the amount of one million dollars per occurrence which would cover the permittee ' s use and maintenance of the demised premises. The City of Miami Beach must be named as an additional insured on this policy. The permittee, prior to the commencement of any operations authorized by this permit at the demised premises, must submit and have approved by the City of Miami Beach Risk Manager, an original certificate of insurance evidencing the required insurance to the satisfaction of the Risk Manager. Additionally, an updated certificate of insurance will be sent to the Risk Manager upon each renewal of the policy. The permittee must require of its insurance company that the City of Miami Beach receive thirty (30) days advance notice of any cancellation or change to the policy provided for this permit. 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 2 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 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 its sole discretion needs the property. 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 EMCAB Corporation, d/b/a McDonald's, 400 Lincoln Road Mall , Miami Beach, Florida 33139, shall constitute 3 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 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 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 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. 4 IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for the purposes herein expressed the day and year first above written. FORM APPROVED LES1.81 DEPT. CITY OF I ACH By B Date 37 y: m. DAOU D 'F•. OR ATTEST: 11.fit City Clerk EMCAB CORPORATION 4114, By: gUi-i/4-4<- Witnesses President' ATTEST By• Corporate Secretary SWORN TO AND SUBSCRIBED before me this 2 ,4-. day of5,,9-4 ,,., l , 198'x . Notary Public , State of Florida at Large My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP. MAY 3, 1991 BONDED THRU GENERAL INS. UND, AMW/SWS/r1w 5 ORIGINAL RESOLUTION NO. 88-19344 (Authorizing the Mayor and City Clerk to execute a Revocable Permit for the purpose of an outside pass through window for EMCAB Corporation, d/b/a McDonald's , located at 400 Lincoln Road Mall)