RESOLUTION 91-20235 . i
j CITY OF MIAMI BEACH '
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TO: Richard Gatti DATE: 2/7/91 '1
Public Works i
FROM: Richard E. Brown
City Clerk
SUBJECT: Authorizing the Mayor and City Clerk to execute
a revocable permit in favor of David Wallack
for the construction of access steps, landscaping, ,
sprinklers, and ornamental lighting in a portion -7
of the city right-of-way on the northwest corner
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of 9th Street and Ocean Drive at Eastern Sun
Shoppes located at 900 Ocean Drive.
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Enclosed are 3 copies of the above noted revocable
permit for signature of the appropriate official.
Please request that:. all are signed and returned
to Mercy Williams in this office for execution
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by the City. -,
She will subsequently forward fully executed
copies to you for the contractor and for your
files, together with copies of the authorizing
Resolution No. 91-20235.
Thank you.
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CITY OF DC AM I BEACH
TO: Richard Gatti DATE: 1/28/92
Public Works
FROM: Richard E. Brown
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City Clerk
SUBJECT: Enclosed you will find the 4 agreements between Lhe City-of Miami Beach
and the State of Florida Department of Transportation, authorizing the
execution of such agreement and authorizing the placing of funds with
the State of Florida Department of Transportation, for the completion
of the utility installation, for signature by the Director of
Preconstruction and Design and attestation by the Executive Secretary,
together with the authorizing Resolution No. 92-20435 which have been
executed by the City.
Please request that the agreement in the blue-backed cover be returned
to Mercy Williams in this office.
She will subsequently forward fully executed copies to you for files.
Thank you.
`'ORM 714-117STATE OP FLORIDA DEPARTMENT OP TRANSPORTATION
1-113 D$V KION OF PRECONSTRUCTIOr AND DES1ON
PAGE o� CIT`!! RESOLUTION
UTILITY INSTALLATIONS
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COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAM[ PARCEL & R/W JOB NO.
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87 060 6551 ~ A-1-A DADE P R/W N/A
A RESOLUTION REGARDING UTILITY JOINT PROJECT AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE EXECUTION OF SUCH AGREEMENTS; AND AUTHORIZING THE PLACING OF FUNDS
WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COMPLETION OF THE
UTILITY INSTALLATION.
RESOLUTION NO. 92-20435
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or
otherwise changing a portion of the State Highway System, between 75 Street-96 Street
which shall call for the ad truen of Cit ' Water & Sewer
and � ..,� • y
facilities over and/or under said highway,
AND y D WHEREAS the Cit re uires additional N/A - capacity in
certain locations within the construction limits of this project,
AND WHEREAS, the City has heretofore authorized that plans and specifications be prepared
for the installation of said new City facilities over and/or under said highway,
AND WHEREAS, the plans and specifications have been prepared and approved by N/A
Engineering Company and the City Engineering Department; such plans and
specifications to be made a part of the Department's highway construction contract,
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH FLORIDA:
That the City of Miami Beach enter into a JOINT PROJECT AGREEMENT with the
,ad'u tment
State of Florida Department of Transportation for by- the DEPARTMENT of saidmw
City facilities designated as Utility Job 6551 Section 87060 , Parcel 1 R/n1 N/A
RM. Job N/A , and that the City assume all costs incurred in the respective utility installations,
which costs are estimated to be $ 27 000.oo ; and,
That the Mayor and Ciq Clerk be authorized to enter into such agreements with the State of
Florida Department of Transportation for the installation of said new City facilities, and.
That the estimated costs of such utility installations as set forth above be paid in advance to the
State of Florida Department of Transportation in accordance with such utility installation agreement.
FORKAPA? A :`s'AND PASSED by- the City Commission the City of Mia 4 Beach
FitFiteGit CEINT.session. this 22nd day of January
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BAr?/L 1"1‘.
//002
Date 1ayor-Commissioner
-ackfrit
ATTE�T.
City Auditor an Cie IPd
RESOLUTION NO. 91-20235
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
REVOCABLE PERMIT IN FAVOR OF DAVID WALLACK FOR THE
CONSTRUCTION OF ACCESS STEPS, LANDSCAPING, SPRINKLERS,
AND ORNAMENTAL LIGHTING IN A PORTION OF THE CITY RIGHT-
OF-WAY ON THE NORTHWEST CORNER OF 9TH STREET AND OCEAN
DRIVE AT EASTERN SUN SHOPPES LOCATED AT 900 OCEAN DRIVE
WHEREAS, David Wallack has requested a Revocable Permit
(attached) for the construction of access steps, landscaping,
sprinklers and ornamental lighting in a portion of the City right-
of-way at 9th Street and Ocean Drive; 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
David Wallack for the construction of access steps, landscaping,
sprinklers, and ornamental lighting in a portion of the City right-
of-way at 9th Street and Ocean Drive.
PASSED and ADOPTED this 6th day of February , 1991.
MAYOR
ATTEST:
A �
FORM APPROVED
�-� LEGAL DEPT.
CITY CLERK
RAG/DR/nkm Date /(/ t S f f
REVOCABLE PERMIT
THIS AGREEMENT, made on this day of
1991 between the CITY OF MIAMI BEACH, hereinafter called the "City"
and David Wallack, hereinafter called the "Permittee" .
WITNESSETH
WHEREAS, the Permittee is the owner of Lots 7 and 8 , Block 14 ,
Ocean Beach Addition # 2 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 North 1.83 feet of the right-of-way of 9th Street abutting Lots
7 and 8, Block 14 , Ocean Beach Addition # 2 Subdivision, according
to the plat thereof as recorded in Plat Book 2 , Page 56 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.
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ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises for the
retention of access steps, landscaping, 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
Permittees. 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.
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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, or such other amount as may
be approved by the City' s Risk Manager. The City shall be named as
an additional insured on the Permittee's insurance policy and the
policyshall 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 ofP Y a ment 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
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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 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 David Wallack, located at 900 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. Notice by U.S. Mai l shall be deemed effective when mailed.
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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.
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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
By:
ALEX DAOUD, MAYOR
ATTEST:
FORM APPROVED
LEGAL DEPT.
CITY CLERK
Date 0-e-79/
CAVI K
t
a.,40 By.
Witness •WNER
Witne s
TO AND SUBSCRIBED before me this ;V;SWORN day ofQ .,6
, 1991. r
tad/- / qr 1 I
Notary Public, State of
Florida at Large
My Commission Expires:
NOTARY PUBLIC STATE 07 FLORIDA
MY COMMISSION e. AP t .2 C,'I D93
BONOZD THRU GENERAL I S. UM.
REF:REV/WALLACK
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PCH 26,�•�°�-
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 53-9I
February 6 , 1991
DATE:
TO: Mayor Alex Daoud and
Members of the Cit omm' sio'P"'" ---
IP
FROM: Rob W. Park' s ,, \
City Cit Manage i/lAW'
SUBJECT:
REVOCABLE PERMIT TO ALLOW FOR CONSTRUCTION OF
ACCESS STEPS, LANDSCAPING, SPRINKLERS, AND
ORNAMENTAL LIGHTING IN A PORTION OF THE CITY
RIGHT-OF-WAY ON THE NORTHWEST CORNER OF 9TH
STREET AND OCEAN DRIVE AT THE EASTERN SUN
SHOPPES LOCATED AT 900 OCEAN DRIVE
Attached is a Revocable Permit for the Eastern Sun Shoppes. The
Administration is requesting that the attached Revocable Permit be
executed to allow for construction of access steps, landscaping,
sprinklers, and ornamental lighting in a portion of the City right-
of-way of on the corner of 9th Street and Ocean Drive at the
Eastern Sun Shoppes located at 900 Ocean Drive.
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval of the Revocable Permit.
RWP/RAG/DR/nkm
Attachment
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AGENDAa _ 4 _ ) , •
ITEM_
DATE 4,_,-
ORIGINAL
RESOLUTION NO. 91-2023.E
Authorizing the Mayor and City Clerk to
execute a revocable permit in favor of
David Wallack for the construction of
access steps, landscaping, sprinklers, and
ornamental lighting in a portion of the
City right-of-way on the northwest corner
of 9th Street and Ocean Drive at Eastern
Sun Shoppes located at 900 Ocean Drive.