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RESOLUTION 89-19744 RESOLUTION NO. 89-19744 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A REVOCABLE PERMIT TO FLORIDA EAST COAST PROPERTIES, INC. FOR THE USE OF THE WESTERLY 27 .7 FEET ADJACENT TO THE SEAWALL ON INDIAN CREEK OF OUT-LOT #7 AMENDED PLAT OF INDIAN BEACH CORPORATION'S SUB. (8-61) WHICH IS DIRECTLY ACROSS FROM THE MUNICIPAL PARKING AREA #P-19 AT 46TH STREET AND COLLINS AVENUE. WHEREAS, Florida East Coast Properties, Inc. has requested a revocable permit for the use of 27 . 7 feet of out-lot #7 on Indian Creek at 46th Street and Collins Avenue for docking of vessels; and WHEREAS, the City Manager recommends granting of the revocable permit and the City Attorney has approved the permit as to form; and WHEREAS, the Commission deems it to be in the best interest of the City to grant said permit for promoting tourism and recreational activities in Miami Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are hereby authorized to execute the revocable permit attached hereto, for the use of the westerly 27 . 7 feet adjacent to the seawall on Indian Creek of out-lot #7 amended plat of Indian Beach Corporation' s Sub. (8-61) which is directly across from the Municipal Parking area #P- 19 at 46th Street and Collins Avenue. PASSED AND ADOPTED THIS 4th day of October , 1989 . ipn-R FORM APPROVED ATTEST: LEGAL DEPT. By.( 1-t- t 2-7 9/0 i/k/ Ili `,.,,r Date CITY CLERK ecio 71,14,,, eead FLORIDA 3 3 1 3 9 * INCORPi(ORATED)* , V A CA TIONL A NL) U. S. A. " �H26 OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. -- r �`' Sc/ DATE: Ocotber 4 , 1989 TO: Mayor Alex Daou• • • Members of t - City Com 'ssio FROM: Rob W. Parki • City Manager a' SUBJECT: REVOCABLE PERM T TO FLORIDA EAST COAST PROPERTIES, INC. FOR USE OF THE WESTERLY 27 .7 FEET ON INDIAN CREEK OF OUT-LOT #7 AMENDED PLAT OF INDIAN BEACH CORPORATIONS SUBDIVISION (8-61) , WHICH IS DIRECTLY ACROSS FROM THE MUNICIPAL PARKING AREA #P-19 AT 46TH STREET AND COLLINS AVENUE HISTORY: Florida East Properties, Inc. , under another revocable permit, has used the referenced 27 .7 feet of the seawall in order to dock vessels. Recent review of the revocable permit indicated that revisions were necessary to provide for an appropriate termination clause. The proposed replacement revocable permit includes the provisions of the earlier permit, except for changing the notice requirement for termination from 180 days to 30 days. A regulatory fee for the permit continues at thirty-one percent (31%) , of the Permittee' s gross receipts from use of the seawall. Such fee applies whether the gross receipts are in cash or in-kind services. ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve the attached Resolution authorizing the Mayor and City Clerk to execute the revocable permit with Florida East Coast Properties, Inc. for the use of a portion of the seawall on Indian Creek of out- 7ot #7 amended plat of Indian Beach Corporation' s Subdivision (8- 61) , which is directly across from the Municipal Parking area at 46th Street and Collins Avenue. RWP:EJD:WHH:HCM:ses 15 AGENDA0-21-E ITEM DATE I 0-L1 REVOCABLE PERMIT THIS AGREEMENT, made on the //I dayo f _� ,/, 44-1 -/. .. , 1989 , by and between the CITY OF MIAMI BEACH, hereinafter called "City" and Florida East Coast Properties, Inc. , hereinafter called "Permittee" . WITNESSETH That the City for and in consideration of the restrictions and covenants herein contained, hereby permits the non-exclusive use of the City property described on Exhibit "A" attached hereto. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: That the recitations, statements, covenants, warranties and agreements 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 docking or mooring watercraft or vessels and no otherur ose whatsoever. p ARTICLE II TERM The Permittee to have the use of the above mentionedr p emeses for a period of one (1) year commencing on October 11 1989 and terminating one year thereafter. This ermit shall be automatically p renewed from year to year, until such time as eitherart shall y terminate same in accordance with the followingprocedure; p cedure, Termination shall be accomplished by either party giving ng the other party notice of writing of intent to terminate at least thirty (30) days prior to such date. However, urs p uant to Article XI of this permit, the City may, upon thirtydayswritten (30) written notice to the Permittee, cancel thisermit for p cause if deemed necessary to promote or maintain the general welfare, comfort, morals, peace, health, safety or convenience of the City or its inhabitants. -1- ARTICLE III REGULATORY FEES To defray the cost of regulating the operations of the Permittee, from the Demised Premises, the Permittee shall pay to the City a regulatory fee of thirty-one (31%) percent of the gross receipts, whether in cash or in-kind services, of the Permittee' s operations on the demised premises which is on the northern most boat slip (shown as 61. 6 ' located on Lot 6 in Exhibit A) , it being the understanding of the parties that the City's 27 .7 feet and Permittee' s 61.6 feet shall be used together as one slip. Such regulatory fees shall be paid to the City by thr 15th of each month for the preceeding month and said payment shall be accompanied by a statement of gross receipts for the preceding month. ARTICLE IV RECORDS; AUDIT The Permittee agrees to establish/maintain such records as may be prescribed by the City in the future to provide evidence that all terms of permit have been and are being observed. The Permittee grants to the City the right and authority, upon reasonable notice, to audit all records, documents and books pertaining to the Permittee's operations at the Demised Premises. ARTICLE V ALTERATIONS BY PERMITTEE The Permittee shall neither construct nor erect any building, fence, wall, sign, screen enclosure, or any permanent improvement upon the demised premises or the adjacent portion of Indian Creek without prior written consent of the City. The Permittee shall have sole responsibility for obtaining all local, state and federal regulatory approvals, permits or licenses required for construction of improvements upon the demised premises or the adjacent portion of Indian Creek. All improvements made by the Permittee shall be readily removable without injury to the premises at the expiration of this permit or upon 10 days written notice from the City. Removal by the City of any improvements made by the Permittee shall be at the sole expense of the Permittee, and Permittee shall pay the City for any such expenses within ten (10) days of demand by the City. -2- ARTICLE VI CONDITION OF PREMISES AND MAINTENANCE The Permittee, at his own expense, shall • p cause the Demised Premises to be in a state ofood condition n 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, ro erl p p y watered and trimmed. Determination of the condition of saidremise p s shall be made by the City. ARTICLE VII INSURANCE, HOLD HARMLESS AND INDEMNITY The Permittee does hereby agree to indemnify, defend and hold harmless the City for all claims, liability, losses, damages and causes of action which may arise out of this revocablepermit permit or the Permittee' s activity on the Demised Premises. The Permittee shall also carry in full force • and effective throughout the duration of this permit, insurance coverages as required by the City's Risk Manager. Prior to any operations original certificates of insurance nsurance must be submitted to and approved bythe City's Risk y s Risk Manager. Such certificates must name the Cityas an • additional insured. The City must be notified thirty (30) days • prior to any cancellation or change of coverage. ARTICLE VIII ASSIGNMENT Without the written consent of the City first obtained in each case, the Permittee shall not sublet, assign, transfer,ansfer, mortgage, pledge, or dispose of this permit for the term hereof. ARTICLE IX 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 for any damage to said personal property. -3- ARTICLE X 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 repairing such premises. Such right of entry shall likewise exist for the purpose of removing signs, fixtures, or alterations which do not conform to this permit. Any removal of improvements or repairs made by the City and necessitated by the Permittee's use of said premises, shall be at the sole expense of the Permittee. ARTICLE XI REVOCATION OF PERMIT It is understood and agreed between the parties hereto, that the City may, upon thirty (30) days written notice to the Permittee, cancel this permit for cause if deemed necessary to promote or maintain the general welfare, comfort, morals, peace, health, safety, or convenience of the City or its inhabitants. ARTICLE XII NOTICES It is understood and agreed between the parties hereto that written notice addressed to the Permittee and mailed (certified mail, return receipt requested) or hand delivered to Florida East Coast Properties, Inc. , 444 Brickell Avenue, Suite 530, Miami, Florida 33131 shall constitute sufficient notice to the Permittee, and written notice addressed to the City Manager and mailed (certified mail, return receipt requested) or hand 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 XIII PEACEFUL POSSESSION Subject to the terms, conditions and covenants of the Permit, the City agrees that Permittee shall and may peacefully have, hold and enjoy the premises without hindrances or molestation by the City. ARTICLE XIV PRIOR PERMIT TERMINATED The parties hereby agree that the Revocable Permit dated May 22 , 1987, approved pursuant to City Commission Resolution No. 87- 18861 is terminated. -4- ti ARTICLE XjV SURRENDER OF PREMISES At the expiration of this Permit or any renewal or cancellation thereof, Permittee shall, without demand, quietly and peaceably deliver up possession of the demised premises in as good condition as they are now, except for normal wear and decay, damage by the elements, or Act of God. The Permittee will be responsible for the expenses to put said premises in good condition, if said premises are not in good condition at the expiration, renewal, or cancellation of this Lease. IN WITNESS WHEREOF, the parties have hereunto executed this Permit Agreement for the purposes herein expressed the day and year first above written. ATTEST: CITY OF MIAMI BE: H 7 / a- Pli-rii -‘177 hati-J . 411! CITY CLERK mrOR In The Presence of: FLORIDA EAST COAST PROPERTIES, INC. 6 // 1_ /i IL/ ,' Witn'el-ssi - Z dia iti-talc< By: President C, 2Witness SWORN TO AND SUBSCRIBED TE ORE HE FORM APPROVED THIS ?,X4.1 DAY OF f-c""-- - 4. 19..C.L. LEGAL DEPT. 1316a .e.1z1g;._.„ tel` _ ,,./ / _ .--// Date /V 9 ('y 2..6 c-6 Li e z c '.1'"--fl NOTARY PUBLIC / State of Florida at La±ge CORPORATE SEAL HCM: ses -5- Acie f I f . 1 • , • 1 • . i 1 . 1 1...._..127-__. (... f f Ai b..,-ii. f .. f .. 4 -1 III • ai .S.• o A _. P• ��� — T .......• 4..� • it /�.Ps9si. IP.. J. --� ", f;l" IS .. .4 w7 = . lb. to s' �s�' /P s' est' _ t—..r ,—.... W3. MI 111111 , N. .: ood •0041•1./- : 4-46-.. — 6. _ -Vita r or N i fir v� y - • a •.: ii.... • Come. i.f. ff• 1 1 1 I b . I 'li ti) t) - I\3 N;I m a lNm I t!1:'4 % C A L .L iAs VENJf .O II HIy . b.k i . A i ,., 2. I 6 1*0*4 i ut$^ q • tI 4I I .... 111 . I . i . [VT .! I LJr- S i L.>r I I EDEN 42 O C ifHQ 7ELoM• s��-, I (ic?.5. a P.G/� re ewe. cert�f y that t tart �e�o.y t�ow soon.* oereow i s tree evil correct to toe Oeft et orr tl�e •w. belief •s recently samiltevimi wader erre o lrect l ee ow March 11. 1 MI. FOl I I M. LEA, . SR I IE S. IIIc.. ,�• // (: h111._ ._ Ile A• re Registered Land )ereera w. ?OS) • • State of Florida •wOT ',ALIO uottSS SEALED' PP/A/G.�,2 /:;VitZ S C- ,aO.L 1DIy/ ,o . ,+l"Q c w /•,/?97 p B 5 Seale i'.deo 11111Rirtin. Skiles. Inc. •. �....• _ eiw•g•m...,......•law Ih.,., l • — •. JN MO A 7/f/92 "'ek....•r..............,,,=111.rMO ORIGINAL RESOLUTION NO. 89-19744 A Revocable Permit to Florida East Coast Properties, Inc. for the use of the westerly 27.7 feet adjacent to the Sea- wall on Indian Creek of Out-Lot #7 a- mended Plat of Indian Beach Corporation's Sub. (8-61) which is directly across from the Municipal Parking Area #P-19 at 46th Street and Collins Avenue.