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RESOLUTION 90-19914 RESOLUTION NO. 90-19914 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 CONSTRUCTION OF AN OUTDOOR SEATING AREA FOR THE WALDORF OWNERS CORP., LOCATED AT 860 OCEAN DRIVE WHEREAS, The Waldorf Owners Corp., 860 Ocean Drive, have requested a Revocable Permit (attached) for the construction of an outdoor seating area; 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 DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Clerk are authorized to execute the attached Revocable Permit, for the construction of an outdoor seating area to be located at 860 Ocean Drive. PASSED and ADOPTED this 21st day of Februar , 1990. VICE-MAYOR ATTEST: fr CITY CLERK RAG/DR/nkm FORM APPROVED LEGI'L DEP By _ Date eit# 2/4c I &ad =-�► :f , FLORIDA 3 3 1 3 9 • i�o►►ot.-to * V A CA TIONL.4 ND U. S. A. " . . �H 26 OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 10-7-qc DATE: Feh_ 71, 199n TO: Mayor Alex Daoud - Members of th- ity Commi -to FROM: Rob W. Park s City Manager k. SUBJECT: REVOCABLE PE' IIT TO ALLOW FOR CONSTRUCTION OF AN OUTDOOR SEATING AREA FOR THE WALDORF OWNERS CORP., LOCATED AT 860 OCEAN DRIVE Attached is a Revocable Permit for the Waldorf Owners Corp. The Administration is requesting that the attached Revocable Permit be executed to allow for construction of an outdoor seating area at 860 Ocean Drive. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the Revocable Permit. RWp/R a G/DR/nkm Attachment AGENDA ITEM DATE - po 1 f • REVOCABLE P ERM I T THIS AGREEMENT, made on this 23rd day of February 1990 between the CITY OF MIAMI BEACH, hereinafter called the "City" and the Waldorf Owners Corp. , 860 Ocean Drive, 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 February 23 , 1990. 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 outdoor seating area for the Waldorf Owners Corp. , 860 Ocean Drive 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. 1 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 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 . 2 ARTICLE V INSURANCE The Permittee hereby agrees to provide and maintain General Liability Insurance , with premises liability and contractual liability ) in the amount of $1 , 000 , 000 per occurrence for bodily injury and property damage. The City shall be named as an additional insured on the Permittee ' s insurance policy and the policy shall be endorsed to reflect the City as an additional insured. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B♦ :XI or better per Best ' s Insurance Guide latest edition or its equivalent . There shall be attached an endorsement to indemnify the City from any Liability or damage whatsoever in accordance with Article IV of this Agreement . Certificate of insurance and endorsements as required herein shall be delivered to the City by the Permittee with evidence of payment issued by the insurance company( ies) indicating payment of annual premium. Failure to comply with these insurance provisions shall be considered to be a breach of contract . ARTICLE VI 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 3 thereof . The City shall not be liable to the Permittee or owner for any damage to said personal property . ARTICLE VII 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 . 4 ARTICLE VIII 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 IX NOTICES It is understood and agreed between the parties hereto that written notice addressed to attorney for Permittee and mailed or delivered to Waldorf Owners Corp. , 860 Ocedn Drive, 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 X 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 . 5 ARTICLE X1 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. 6 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 Vice-Mayor qi PROVFD ATTEST: -//_ . / L 41Z, City Clerk LEGAL DEPT. Date ?"/C/ c)_, WALDORF OWNERS CORP. / L` By : 15-resident'� (//e Wi nsses ATTEST: Corporate Secretary SWORN TO AND SUBSCRIBED before me this Vday of My Commission Expires : Not ry Pyublic, State of Florida at Large PNB/rlw REF:REV:\WALDORF.REV 7 9E1 STREET t EXHiBIT 'A' 4 , 0 OCC3 0....... [el jkof�osED0 1 Ou7llAat $E47/N6 iftws WALDORF TOWERS 0 8V0 OCEAN ORIliIvE Len t C3 � BtOGK 130 (,../ OCEAN BEACH ADDtTtON NE I 1110Th 1- AnC) ct SI io' ..... 0 0 . rip . 4i [411/1 C' [0"lI , mi 0 Li 0 • A5-,740Emmix -.1.,. . /z‘ ORIGINAL RESOLUTION NO. 90-19914 Authorizing the Mayor and City Clerk to execute a revocable permit for the construction of an outdoor seating area for the Waldorf Owners Corp. , located at 860 Ocean Drive.