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RESOLUTION 90-19937 RESOLUTION NO. 90-19937 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 INSTALLATION OF FOUR FLAGPOLES AND BANNERS PROJECTING FROM THE BUILDING, LOCATED AT 1001 WASHINGTON AVENUE WHEREAS, The Wolfsonian Foundation, 1001 Washington Avenue has requested a Revocable Permit (attached) for the installation of four flagpoles and banners projecting from the building; 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 COAdIMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Clerk are authorized to execute the attached Revocable Permit in favor of the Wolfsonian Foundation for the installation of four flagpoles and banners projecting from the building located at 1001 Washington Avenue. PASSED and ADOPTED this 21st day of March � , 1990. AYOR ATTEST: ,‘/ FORM APPROVED CITY CLERK LEGAL DEPT. Date 3/i 57,o RAG/DR/nkm 0:0 /4at I 0ee 43r FLORIDA 3 3 1 3 9 gcyh, by *kINC°R1;ORATED *; "VACA TIONLAND U. S. A. " NtH OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. iSc-g°_ DATE: Mar. 21, 1990 TO: Mayor Alex Daou' .nd Members of t. - City Comm" sit" FROM: Rob W. Pa insIf -• City Manager SUBJECT: REVOCABLE PE' MIT TO ALLOW FOR INSTALLATION OF FOUR FLAGPOLES AND BANNERS PROJECTING FROM BUILDING FOR THE WOLFSONIAN FOUNDATION, LOCATED AT 1001 WASHINGTON AVENUE Attached is a Revocable Permit for the Wolfsonian Foundation. The Administration is requesting that the attached Revocable Permit be executed to allow for installation of four flagpoles and banners projecting from the building at 1001 Washington Avenue. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the Revocable Permit. RWP/RAG/DR/nkm Attachment AGENDA ITEM DATE 32tO-- -1 ....____..T-1____I-1---ri _.rt.---._rt______ri • ,< <, • /6.) . Ef?(1-/ / B I I . ,-. • . : ....7 1 . , 1 ! . , 1 1- . . • , 4 0 ,_ , .. . ri . , , . . .I • A • I I--t- I 1 1 . .________ . •..._•_,,,,,_ .. -. __,.,!-- -___.._-_.- 1.i 4____ ‘►, r_-. , .. I_ . 1 . . ,, ... ... . ......•. i... :, 1 1, • ..._ . I! ;i ,, , 1, '1 1' i; I , ' 1 • ,•� y •I ' • i‘ 15''''6" 1 I f 1 FLA6 IMP.N5ION S' �. ` 1 II 25 X 7,5FLAG . , ,‘, ,i, 1, • �_ t..1„,' S -�•-Y _tip._ __. �_..... `�^ 1 l•„ i , := 1 11111. IN0110 . / i ......._. . . ---........-._-, it .--. : X. 1 • 1 � ; H wasHINGiTvN Avg : L- ___L-1........—......---- .. ..... _1 ifr...--- .........-............._--....4 . s.w.e NUS 910Pli4 SIR P.,L 5 VA 1 ON -SOU Ili • .1 11'0” . . 51D5 WALK SCALS ' IL 0 FLAG POLES . THE WOLFSONIAN FOUNDATION f• February 23 , 1990 4 City of Miami Beach • Mayor and Members of the City Commission Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 1001 Washington Avenue Miami Beach,Florida 33139 (3051 531-1001 Gentlemen: Telex:9102504230 U.S.A. This letter is submitted in support pp of our request to the Castello Mackenzie-Wolfson City Commission for a revocable permit to enable us to Casella Postale: 1367 install four historic flagpoles acquired from the 16122 Genova Biltmore Hotel in New York on the uffci: facade of the Vio Roccatagliota Ceccardi,1 Washington Storage Building. We intend to fly decorative 16121 Genovo banners and flags relating to exhibitions that will be (ol )564916-17-18 organized by the Wolfsonian Foundation Italia once we have completed the renovation. As you know, the Wolfsonian Foundation was established _A,- to oversee my collection of some 60, 000 objects of rare art and books dating from the late nineteenth to the mid- twentieth centuries as well as establish and operate two museums- one in Miami Beach and one in Genoa, Italy (see enclosed brochure) . The Foundation is presently overseeing the $10 million renovation of the Washington Storage Building. When that facility is completed in the next few years, it will provide a library and study center making the resources of the Foundation available to scholars and researchers and public galleries with exhibitions from the permanent collection. The flagpoles, like other architectural elements for the collection, were acquired to be integrated into the museum. Enclosed are sealed drawings from our engineer showing how they will be installed. Since they will be installed on the facade of the building, we will name the City of Miami Beach as an additional insured on our certificate of insurance. Attached to this letter is confirmation from our insurance carrier. 2- I and my related corporations have invested several million dollars in the restoration of buildings on Miami Beach in an effort to contribute to the rebirth of South Miami Beach and to its growing reputation as a cultural destination. I hope that our reques will be favorably reviewed. Sincerely, 11/ li Aink I ' Mitchel Wo fson Jr Chairman MWJr:ed i;,:f 6 REVOCABLE PERMIT THIS AGREEMENT, made on this if day of co 1990 between the CITY OF MIAMI BEACH, hereinafter called the "City"y .� and the Wolfsonian Foundation, 1001 Washington Avenue, hereinafter c� called the "Permittee". WITNESSETH That the City, for and in consideration of the restrictions and covenants herein contained, herebypermits the exclusive use of a City right-of-way easement as described in Exhibit A attac ed hereto for the period of one (1) year commencing on � � 1990. IT IS 'THER 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 installation of four flagpoles and banners projecting from the building for the Wolfsonian Foundation, 1001 Washington Avenue in • - the exact configuration as described in Exhibit A, attached hereto and incorporated herein, only if approved by the City Commission STATE OF FLORIDA or other City agency. ;=" GG�1�1j: COUNTY OF DADE • HEREBY CERTIFY that this is a true copy of ttre °Vf 47.'`;11. `t- c;ignal filed in this office orL� day of ' .,- -.;_MA ki , A.D. 19 0 1 WITNESS my hand and Official Seal. RICHARD P. BRINKER ,`JQr;° ,• •� `�'4' Clerk Circuit Court Q �Y 7 C • The design of all banners and signs will be in accordance with Sections 9-3-B and 9-3-C of the City of Miami Beach Zoning Ordinance and subject to the approval of the Planning and Zoning Director and the City Public Works Department. 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 I I I CONDITION OF PREMISES AND MAINTENANCE The Permittee, at its own expense, shall cause the demised premises to be in a state of9 ood 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. 2 ARTICLE IV 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 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 3 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 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 Y utilities located within any City easement. Such right of entry ry 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. 4 • Additionally, any expenses incurred by the City, but notaid P 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 VIII REVOCATION OF PERMIT It is understood and agreed between thearties 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 the Wolfsonian Foundation, 1001 Washington Avenue, 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. 5 • 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. ARTICLE XI 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 oneY ear 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 OF 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 MI: ItH By: L V ALmir j?'X DAOUD ATTEST:ia-e City Clerk FORM APPROVED LEGAL DEPT. Et/ A5--- I Nits THE WOLFSO4FOUNDATION d'y •OLutt By: fAID Pres i%"ssr. Witnesses 1/7 ATTEST 11) 0' Ajiti Corporate S -creta k SWORN TO AND SUBSCRIBED before me this jth day of 199"Q. Commission Expires: R_ Pv r f 0 a Nota Public, State of Flori a at Large PHBjrlw REF:REV:\WOLFSON.REV 7 - • • • '.!"" .---, is / ,i1 'el .47 Al eJ I......... • I a it" \,, 1) 1,1 ,1• '� ,�. -- k % L> •\, IC • 5 tow, ' .Z' .. il j .. .7. : ,,, , . • :4:..... ;,,,,-.7- -..c .„I .,• 4. -,r- - S 14 4? ) _ I ,'4 '') -' -I •0? ;NI• ') 17i '177 ; \___ z A c i A.1 .,N. )\/,:. ..1.N.1, ''''' '1,A..' c „ ok•E‘e,..'-e.0:- .., . c,)%1 '.<1.•-• _ /5-0•C`!' �U p e/1,77.,..,o zo 4)ma • y' '. , \ / 2 _ :,'-/ r•1.� �4 - ' :' fit 6 - r ....,- .. .... '1‘ ,v , e :.:1- 0,L 111 Y•/ I') ' :If , N.-4 . , , - I . D� • `c":: 1 O.?S - ._tom_ :ig .� r^ • I•4 Li) {� t: (:.1 t 7i.1 0 • • li ,, "Iii.. t r . �' ' Z ' �' • khc t', ia 1,i ..„,....,,It , .o cB5 C\ — tr,-Icw- 0.17./Ati rr . ,, ,,. - . ii -, ..., 1) c\ . . t4, 1,, i „. i . ,..,..) . , i ..., f.,N M1-, x i 1 • w . •`T.v Y n 1, n9 II) tl•' .A 4 v111 , .: ,, i o c./�Jo f:,1 8'C 0 A/S T. �'.-F-.../e ^• ,'. :t..; �•. . •�? 4 ..../0„, r \1-..`1,:\ .{-fc,L:f...!7- . . .-----i :.. ------ --- '_______ .... ', ti.,4 i- i''.5 0:,. k. i . -....j ,,,......---/CA:7A/ ,.-' \';'!"-0 -_..,..._ . __.... .• . -V -• • • *--•i - (e•• •'•' \ ' z.) 4i I T _at: •.:..a. . .. .�. .• _ •. ... ,i . • - . - }( ,� .. .......•-_,-•_ _ 1 vI EXHIBIT "A” ..:y Department o FLOR A -; EnvironEnvironmental Protection Marjory Stoneman Douglas Building Lawton Chiles 3900 Commonwealth Boulevard Virginia B. Wetherell Governor Tallahassee, Florida 32399-3000 Secretary November 4, 1998 Ms. Dorothy Merante Assistant City Clerk City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Information pertaining to the Wolfsonian Dear Ms. Merante: I wanted to thank you for locating the information pertaining to the revocable permit for the Wolfsonian Institute. The Exhibit "A"referenced was not attached when recorded and was needed to complete the review of the title commitment. Your prompt assistance has helped keep the process of accepting the donation going forward. It is a pleasure working with people who are ready to help you. Thanks again. Sincerely, (Lova/LA./2u: Le .1(--/-6--1-4--tk•-, Adrienne Bellflower Land Acquisition Agent Bureau of Land Acquisition II qifbe cc/file a l 03 1. (?\-C viroysr-t* 141'^'ty‘r JJE cf.; 7 ? ? - rn 1/ 31 • a rn "Protect al Resources" Printed on recycled paper. ORIGINAL RESOLUTION NO. 90-19937 Authorizing the Mayor and City Clerk to execute a revocable permit for the installation of four flagpoles and banners projecting from the building, located at 1001 Washington Avenue.