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RESOLUTION 90-20156 RESOLUTION NO. 90-20156 A RESOLUTION OF THE CITY COMMI33ION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF 1250 OCEAN DRIVE, INC. D\B\A THE CARLYLE GRILL FOR THE CONSTRUCTION OF AN OUTDOOR SEATING AREA LOCATED AT 1250 OCEAN DRIVE WHEREAS, 1250 Ocean Drive, Inc. D/B/A the Carlyle Grill has 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 in favor of 1250 Ocean Drive, Inc. D/B/A the Carlyle Grill for the construction of an outdoor seating area to be located at 1250 Ocean Drive. PASSED and ADOPTED this 24th day of October , 1990 . / ac, MAYOR ATTEST: FORM APPROVED W\-aI �ZI -�1,1 a:-&-u^v^ LE1AL DEPT. -> y(UCITY CLERK ��27 St-o--- RWP/RAG/DR/nkm � 8/96 Date eco vte.e vead FLORIDA 3 3 1 3 9 11'1296 * INCORP11ORATED) "VA CA TIONL A ND U S. A. °° OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 6737010 S- C/ °? COMMISSION MEMORANDUM NO. October 24, 1990 DATE: TO: Mayor Alex Dao • .nd - - City of Commi- io, FROM: Rob W. Parks /� \ City Manager REVOCABLE PE• IT TO ALLOW FOR CONSTRUCTION OF SUBJECT: AN OUTDOOR SEATING AREA FOR 1250 OCEAN DRIVE, INC. D/B/A THE CARLYLE GRILL, LOCATED AT 1250 OCEAN DRIVE Attached is a Revocable Permit for 1250 OCEAN DRIVE, INC. D/B/A the Carlyle Grill. The Administration is requesting that the attached Revocable Permit be executed to allow for construction of an outdoor seating area at 1250 Ocean Drive. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the Revocable Permit. RW P/RAG/DR/nkm Attachment AGENDA • ITEM �. lb--24 - ID DATE SIDEWALK CAFE REVOCABLE PERMIT THIS AGREEMENT, made on this 24th day of October , 1990 between the CITY OF MIAMI BEACH, hereinafter called the "City" and the 1250 Ocean Drive, Inc. D/B/A Carlyle Grill, 1250 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) year commencing on October 24 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 1250 Ocean Drive, Inc. D/B/A Carlyle Grill located at 1250 Ocean Drive, in the exact configuration as described in Exhibit A, attached hereto and incoporated herein, only if approved by the City Commission or other City agency. 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 XI hereunder. 1 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. Permittee shall maintain the demised premises in such a way as to not interfere with pedestrian traffic or obstruct the remaining undemised portion of the walkway in any manner, as shown in Exhibit A. Determination of the condition of said premises shall be made solely 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 the demised premises. ARTICLE V INSURANCE The Permittee hereby agrees to provide and maintain General Liability Insurance, including 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 2 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. 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. ARTICLE VIII REVOCATION OF PERMIT It is understood and agreed between the parties hereto, that the City in its sole discretion may, upon ten days' written notice to the Permittee, cancel or terminate this permit. 3 ARTICLE IX NOTICES It is understood and agreed between the parties hereto that written notice addressed to Permittee and mailed or delivered to Stuart Bornstein, 1250 Ocean Drive, Inc. D/B/A Carlyle Grill, 1250 Ocean 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. 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 one year from the filing of such a lien. ARTICLE XII NO RECORDING This permit shall not in any event be recorded in the public records of Dade County, Florida. In the event that this permit is recorded in the public records, this permit shall automatically terminate and be of no further force or effect. 4 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. 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 "pop i0. 14 BY: Aiiirl—.1016 ��e M�� �� 'C��� A•� DAOUD ATTEST: "1 ¢iptCity Clerk V Form approved: Legal Department Date: 1250 OCEAN DRI , ;�NC D/B/A CARLYL �.RT vAl°1# 111 KA(As. By: A /MN AI\ P -sident - � � � • With s--es ATTEST: Corporate Secretary MAL:lm REF:REV:\CARLYLE.GRI 5 ' 1311 srREEr I r 4 1 • C'Iftft> i __,.... RIPl o .....7"--z... AkaposeD rill, owaooe 3s4r,Na ()1 3 CARLYLF GRILL �T51 } Z [SI DOr? BOK Il OCEAN RE11C4 ADDIY►oN N4 2. C5 Cr ►. i; i 0 SI ,o, o ....[ L crT I 0.... 0 OPERII re/ 141 .. . *1 reS [el til o L DI 2 . (01 /.5"shorm.44LA' ---.%_., • 4.1 rime re -0' [01 41 I EXH11T 'A' n ORIGINAL RESOLUTION NO. 90-20156 Authorizing the Mayor and City Clerk to execute a revocable permit in favor of 1250 Ocean Drive, Inc. D/B/A the Carlyle Grill for the construction of an outdoor seating area located at 1250 Ocean Drive.