RESOLUTION 89-19642 RESOLUTION NO. 89-19642
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 RETAINING CONCRETE CURBS,
SPRINKLERS AND LANDSCAPING IN A PORTION OF THE
EAST-4 . 5 FEET OF THE RIGHT-OF-WAY OF JAMES
AVENUE, AND ABUTTING LOTS 4 THRU 7, BLOCK 30,
FISHER'S FIRST SUBDIVISION OF ALTON BEACH
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2 , PAGE 77 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. (1675 JAMES
AVENUE)
WHEREAS, New Rex Corp. , 3510 Coral Way, Suite 200, Miami,
Florida 33145, has requested a revocable permit (attached hereto)
for the purpose of retaining concrete curbs, sprinklers and
landscaping in a portion in the East-4 . 5 foot right-of-way of James
Avenue abutting Lots 4 thru 7, Block 30, of Fisher' s First
Subdivision of Alton Beach Subdivision, according to the plat
thereof as recorded in Plat Book 2 , Page 77 of the Public Records
of Dade County, Florida; and
WHEREAS, the City Manager has recommended the attached
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 retaining concrete curbs, sprinklers and landscaping in a
portion of the City right-of-way on the east side of James Avenue.
PASSED and ADOPTED this 21st day of June 1989 .
'7'
YOR
ATTEST: i
A;/
CITY CLERK
APPROVED AS TO FORM:
LEGAL DEPARTMENT
Date: 4/r-...;//a,P
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14=--(40" FLORIDA 33139
* OIP "VA CA TIONL.4ND U. S. A. -
•
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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.3ORS—gq.
DATE: June 21, 1989
TO: Mayor Alex Dao = and
Members of th City Commi Ion
-49A,
FROM: Rob W. Parkins /� g'
City Manager 1►
SUBJECT: REVOCABLE PERMIT FOR THE PURPOSE OF RETAINING CONCRETE
CURBS, SPRINKLERS, AND LANDSCAPING ON THE EAST SIDE OF JAMES
AVENUE ABUTTING LOTS 4 THRU 7, BLOCK 30, FISHER'S FIRST
SUBDIVISION OF ALTON BEACH SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 77, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, 1675 JAMES AVENUE
Attached is a Revocable Permit for the purpose of retaining concrete curbs, sprinklers, and
landscaping, across the 4.5 foot City right-of-way on the east side of James Avenue abutting
Lots 4 thru 7, Block 30, Fisher's First Subdivision of Alton Beach Subdivision, as described in
the attached Exhibit A.
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval of the Revocable Permit.
RWP/RAG/DR/b
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AGENDA
ITEM CI_
DATE 6-Q -Ycis
REVOCABLE PERMIT
THIS AGREEMENT, made on this day of ,
1989 between the CITY OF MIAMI BEACH, hereinafter called the "City"
and New Rex Corp. , a Florida . corporation, hereinafter called the
"Permittee" .
WITNESSETH
WHEREAS, the Permittee is the owner of one of the properties
abutting the Demised Premises, i.e. , Lot 7 , and the long term
lessee of Lots 4 thru 6, abutting the Demised Premises, and
WHEREAS, the Permittee or its predecessor in title has made
an improvement on the Demised Premises which constitutes an
encroachment.
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 legally described as
the East-4 .5 feet of the right-of-way of James Avenue abutting Lots
4 thru 7, Block 30, Fisher's First Subdivision of Alton Beach
Subdivision, according to the plat thereof as recorded in Plat Book
2, Page 77 of the Public Records of Dade County, Florida, and
depicted in Exhibit A attached hereto ("DEMISED PREMISES") for the
period of twenty (20) years commencing on ,
1989.
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.
That the City by the grant of this Revocable Permit does
not intend to abandon or vacate the Demised Premises.
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AGENDA CI 21( A _ i ,
ITEM -- --tl
DATE C).--D. t -'24( .
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall
use the Demised Premises for the
retention of concrete
curbs, sprinklers and landscaping in the
exact configuration a
s depictedin Exhibit A, attached hereto and
incorporated herein. No other improvement'm rovement 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
• approvals, permits or licenses required
obtaining all regulatory pp
for the retention 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 or if
either p
property is sold or leased to any party other than the
• bythe Cityof any improvements made by the
Permittees. Removal
Permittee or portions thereof shall be at the sole expense of the
Permitteegoverned and by Article XI 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
s, Determination of the condition of
grease or refuse and debri
saidpremises remises shall be made by the City.
ARTICLE IV
INDEMNIFICATION AND HOLD HARMLESS
The Permittee
does herebyagree to indemnify, defend 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 or possession of the Demised
Premises.
2 4
ARTICLE V
NO LIABILITY FOR PERSONAL PROPERTY
All personalproperty ro ert� placed or moved on- the Demised •
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Premises shall be at the risk of the Permittee or the owner
thereof. The City shall not beliable 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 theur ose of inspecting or to gain access to or repair any
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utilities located within any City easement or public right-of-way.
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
revocableP ermit. Additionally, any expenses incurred by the City,
but not
aid bythe Permittee, in removing such improvements or
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landscaping shall become a lien upon the Permittee's abutting
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property, which be foreclosed within one year of its filing.
P Y• may
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,
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cancel or terminate this permit if the City in its sole discretion
needs the property for any reason.
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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 Mr. Pedro Luis Restrepo, President of New Rex
Corporation, located at 3510 Coral Way, Suite 200, Miami, Florida
33145 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 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 IX. 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 shall pay all of City's costs of
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• attorney' s fee incurred in any
• n including a reasonable Y
litigation
dispute or claim arising out of this Permit if City is the
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prevailin
• g party in said dispute, or claim.
a.
PERMITTEE FURTHER
STATES THAT HE HAS CAREFULLY --
REVOCABLE PERMIT AND KNOWS
READ THE FOREGOING
THE CONTENTS THEREOF AND FULLY REALIZES ITS
MEANING AND SIGNS
THIS REVOCABLE PERMIT OF HIS
OWN FREE WILL.
have hereunto executed
IN
WITNESS WHEREOF, the parties
the purposes herein expressed the day
this Revocable Permit for
year first above written.
and
CITY . , MIAN,V BEA
By:
LEX DAOUD-- , ifslWr
ATTEST:
FORM7 `
APP
ROVED
� LEGAL DEPT.
CITY CLERK
ay
Date —4/22J.&___
NEW REX CORP. ,
a Florida corporation
By:
PEDRO LUIS RESTREPO,
Witness PRESIDENT
Witness
SWORN TO AND SUBSCRIBED before are me this day of
1989 .
Notary Public, State of
Florida at Large
My Commission Expires:
REF:REV/NEWREX.REV
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CITY OP—MIAMI BEACH
TO: '. Richard Gatti, lic %Is Dir. DATE: 7/3/89
: Dowdngo ',Rodriguez
FROM: _ac NI. Baker, City Clerk
SJ SUBJECT
ble Wrh.t 1675 James Ave. CAA, 6/21/89
Aesolutlon No. 89-19642
Enclosed are thre originals of the captioned revocable
permit. Please have executed, recorded and return the
blue-backed cover to this officefor filing.
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If any questions, please call.
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ORIGINAL
RESOLUTION NO. 89-19642
Authorizing the Mayor and City Clerk to
execute a revocable permit for the purpose
of retaining concrete curbs, sprinklers
and landscaping in a portion of the east-
4.5 feet of the right-of-way of James
Avenue, and abutting lots 4 thru 7, Block
30, Fisher's First Subdivision of Alton
Beach Subdivision, according to the plat
thereof as recorded in Plat Book 2, page
77 of the public records of Dade County,
florida. (1675 James Avenue)