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RESOLUTION 90-19961 RESOLUTION NO. 90-19961 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF ALBEN TWO CORPORATION FOR THE PURPOSE OF CONSTRUCTION OF A HANDICAP ACCESSIBLE RAMP, LANDSCAPING, TREE GRATES, SPRINKLERS, AND ORNAMENTAL LIGHTING IN A PORTION OF THE CITY RIGHT-OF-WAY IN THE SOUTHEAST CORNER OF 17TH STREET AND ALTON ROAD AT THE BURGER KING RESTAURANT LOCATED AT 1695 ALTON ROAD. WHEREAS, the Alben Two Corporation has requested a Revocable Permit (attached hereto) for the purpose of construction of a handicap accessible ramp, landscaping, tree grates, sprinklers, and ornamental lighting in a portion of the City right-of-way at 17th Street and Alton Road; 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, FLORIDA, that the Mayor and City Clerk are authorized to execute the Revocable Permit attached hereto in favor of Alben Two Corporation, for the purpose of construction of a handicap accessible ramp, landscaping, tree grates, sprinklers, and ornamental lighting in a portion of the City right-of-way at 17th Street and Alton Road. PASSED and ADOPTED this 18th day of April , 1990. /dad AYOR ATTEST: FORM APPROVED CITY CLERK LEGAL DEPT. By < f6 &G/DR/nkm Date �� eetet 47/44.0te Ve4e4 FLORIDA 3 3 1 3 9 tINCORM iORATfD VACA TIONLAND U. S. A. 'NCH 26'5= OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. DATE: April 18, 1990 TO: Mayor Alex Daoud Members of thePrtl`Comm i io • FROM: Rob We Par ns City Manager , SUBJECT: REVOCABLE PE MIT TO ALLOW FOR CONSTRUCTION OF A HANDICAP ACCESSIBLE RAMP, LANDSCAPING, TREE GRATES, SPRINKLERS, AND ORNAMENTAL LIGHTING IN A PORTION OF THE CITY RIGHT-OF-WAY IN THE SOUTHEAST CORNER OF 17TH STREET AND ALTON ROAD AT THE BURGER KING RESTAURANT LOCATED AT 1695 ALTON ROAD Attached is a Revocable Permit for the Burger King Restaurant. The Administration is requesting that the attached Revocable Permit be executed to allow for construction in the City right-of-way of a handicap accessible ramp, landscaping, tree grates, sprinklers and ornamental lighting in a portion of 17th Street and Alton Road at the Burger King Restaurant located at 1695 Alton Road ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the Revocable Permit. RWP/RAG/DR/nkm Attachment 3 9 AGENDAE ITEM DATE REVOCABLE PERMIT THIS AGREEMENT, made on this dayof (1 2 1990 between the CITY OF MIAMI BEACH, hereinafter called the "City" and Alben Two Corporation, a Florida corporation, hereinafter called the "Permittee" . WITNESSETH WHEREAS, the Permittee is the owner of Lots 14 and 15, Block 39, First Addition to Commercial Subdivision abutting the Demised Premises, and WHEREAS, the Permittee 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 South 4 . 8 feet of the right-of-way of 17th Street abutting Lots 14 and 15, Block 39 , First Addition of Commercial Subdivision, according to the plat thereof as recorded in Plat Book 6, Page 30 of the Public Records of Dade County, Florida, and depicted in Exhibit A attached hereto(the "Demised Premises") for the period of ten (10) years commencing on the above date. 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. 1 ARTICLE I USE OF DEMISED PREMISES BY PERMITTEE The Permittee shall use the Demised Premises for the retention of a handicap access ramp, landscaping, tree grates, sprinklers and ornamental lighting in the exact configuration as depicted 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 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 property is sold or leased to any party other than the Permittee . 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 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 grease or refuse and debris. Determination of the condition of said premises shall be made by the City. ARTICLE IV INDEMNIFICATION AND HOLD HARMLESS The Permittee does hereby agree 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 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 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 or public right-of-way. Such right of entry shall, likewise, exist for the purpose of removing structures, improvements, alterations or landscaping which 3 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 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 wishes to regain possession of the property for any reason whatsoever. ARTICLE IX NOTICES It is understood and agreed between the parties hereto that written notice addressed to the Permittee and mailed or hand delivered to the President of Alben Two Corporation, located at 929 Crandon Boulevard, P.O. Box 490512, Key Biscayne, Florida 33149-0512 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. 4 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 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 litigation including a reasonable attorney' s fee incurred in any dispute or claim arising out of this Permit if City is the prevailing party in said dispute, or claim. 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. 5 . . . . n 17L' STREET • . MAND/G Ate'D RAMP 'Z I' 11111111Z plw-Aillnigille _ _ _ . _ _ , ,,L. ..8�� 54. 4" r1 it I/ L.4..1. 14i As le eil � a'4 T 1 BURGER L\ . -1 KING 1495 ALZoH ROAD It I/ . LOT 14 'e 4 411‘`''41 Ot'y/StD 42t4S LANOSC4Pi� L�Pi1fiWlEA/T���iIMG AMD /BAND/CA PPEO RAMP 4 . CO2t .. _ M 0 � � ;Ci Ian it Q ------ x p a PARKIW 1.01 � z quic ,Q, Are ' /G C • • CV1110i7 •A. IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for the purposes herein expressed the day and year first above written. CITY O , IAM EA /op By: AAim-A ArX T OUD, '•_' ATTEST: FORM APPROVED )2t LEGAL DEPT. CITY CLERK By \ cL),,e-e% Date o ALBEN TWO CORPORATION Florida corporation By: /// 900P 2-(p-( 0c6,4 WitnessRESID NT Witness SWORN TO AND SUBSCRIBED before me this day of )' Q'c) Qs_LAk_f&_, Notary Public, State of Florida at Large My Commission Expires: NOTARY PUBLIC: STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES MAY 03,; 1992 BONDED THRU HUCKLEBERRY & ASSOC.ATES REF:REV/ALBEN:REV PNB/MAL: lm 6 ORIGINAL RESOLUTION NO. 90-19961 Authorizing the Mayor and City Clerk to execute a revocable permit in favor of Alben Two Corporation for the purpose of construction of a handicap accessible ramp, landscaping, tree grates, sprinklers, and ornamental lighting in a portion of the City right-of-way in the southeast corner of 17th Street and Alton Road at the Burger King Restaurant located at 1695 Alton Road.