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RESOLUTION 91-20314 RESOLUTION NO. 91-20314 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 PINETREE MARKET CORPORATION d/b/a CUBAN PALACE CAFETERIA, LOCATED AT 917 - 39TH STREET WHEREAS, the Cuban Palace Cafeteria has requested a Revocable Permit (attached) for the construction of any 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 Pinetree Market Corporation d\b\a Cuban Palace Cafeteria for the construction of any outdoor seating area to be located at 917 -39th Street. PASSED and ADOPTED this 19th day of June , 1991. 'ii, OR ATTEST: FORM APPROVED cutkaf.il Z 'Kre L ' L DEPT. CITY CLERK Date CBT/RAG/DR/nkm ece, Neami ead FLORIDA 3 3 1 3 9 , * INCORP;ORATED* • i'rJ A CA TIO NL A ND U. S. A. .• tec H26 _ OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 r COMMISSION MEMORANDUM NO. ;' June 19, 1991 DATE: TO: Mayor Alex Daoud and Members of the City Co • fission FROM: Carla Bernabei Talarico City Manager SUBJECT: REVOCABLE PERMIT TO ALLOW FOR CONSTRUCTION OF AN OUTDOOR SEATING AREA FOR PINETREE MARKET CORPORATION d/b/a CUBAN PALACE CAFETERIA, LOCATED AT 917 - 39TH STREET Attached is a Revocable Permit for the Cuban Palace Cafeteria. The Administration is requesting that the attached Revocable Permit be executed to allow for construction of an outdoor seating area at 917 - 39th Street. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the Revocable Permit. CBT/RAG/ R/nkm Attachment 01 AGENDA C - - ITEM DATE 6 — / -9s/ SIDEWALK CAFE REVOCABLE PERMIT fir THIS AGREEMENT, made on this It dayof ► 1991 between the CITY OF MIAMI BEACH, hereinafter called the "City" and the Pinetree Market Corporation d/b/a Cuban Palace Cafeteria, 917 39th Street, hereinafter called the "Permittee". Permittee . WITNESSETH That the City, for and in consideration eration of the restrictions and covenants herein contained, hereby permits the exclusive use of a City right-of-way g ay easement as described in Exhibit A attached hereto for thee ' p clod of one (1) year commencing on t sr , 1991. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: That the recitations, statements, covenants, warranties and agreements hereinabove captioned and set t 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 Cuban Palace ' Cafeteria located at 917 39th 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. By granting this Revocable Permit 1 the City specifically does not Intend to abandon the Demised Premise. ARTICLE II IMPROVEMENTS BY PERMITTEE The Permittee shall have sole responsibility for obtaining all regulatory approvals,pP , permits or licenses required for the placement of such improvements p nts upon the demised premises. All improvements made byPermittee ee 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 Permittee a of the Permittee and governed by Article XI hereunder. ARTICLE III CONDITION OF PREMISES AND MAINTENANCE The Permittee, at its own expense,p shall cause the demised premises to be in a state of good condition from the commencement of this permit. The Permittee shall ' Baa lnta in 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 tYndemised • porton of the walkway in any manner, as shown in Exhibit A. Determination of the condition of said premises shall be made solelyCity. by the 2 ARTICLE IV INDEMNIFICATION AND HOLD HARMLESS The Permittee does herebyagreeto indemnify, defend and save the City harmless from anyand all claims, liability, losses, damages and causes of actions which • may arise out o f this s revocable permit, or the Permittee's activity on the demised premises. ARTICLE V INSURANCE The Permittee hereby agrees to provide p Ovide 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,Y age, 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 ttee 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 Ing of at least B+:XI or better per Best's Insurance Guide latest edition equivalent.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 3 evidence of payment issued bythe . insurance company(les) 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 propertyplaced 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 saidersonal P property. ARTICLE VII CITY'S RIGHT OF ENTRY The City or any of its agents, shall • g have the right to enter upon the demised premises during • all reasonable working hours for the purpose of inspectinggain or to gain access to or repair any utilities located within anyCity ty 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 • p g by the City and necessitated by the Permittee ;s use of saidremises P 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 es located 4 on the land which is the ec sub ' this t 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 abutt ing property, which may be foreclosed within one year of its ' filing. ARTICLE VIII REVOCATION OF PERMIT It is understood and agreed between • g the parties hereto, that the City in its sole discretion may, upon ten days ' written notice to the Permittee, cancel or terminate this permit. ARTICLE IX NOTICES It is understood and agreed between g the parties hereto that written notice addressed to Pe • Permittee and mailed or delivered to Ibrihim Hernandez/Pinetree MarketCorporation Corporation d/b/a Cuban Palace Cafeteria, 917 39th Street, Miami Beach, Florida 33139, shall constitute sufficient notice to the Permittee, and written notice addressed to the City Manager and • marled or delivered to the City of Miami Beach, 1700 Convention CenterMiami Drive, Beach, Florida 33139, shall constitute sufficient notice to the City to comply with the terns of this Permit. 5 ARTICLE X ASS IGNMENT 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 lation 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 • P Y 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, thise • p rIAit shall automatically 6 terminate and be of no further force or effect. 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 : :: •CH if BY: Allie Aga& rGV� c��� Tary-evv,-- ��X •A•15 ATTEST: City Clerk PINETREE MARKET CORPORATI0:1 D/B/A CUBAN PALACE CAFETERIA � 1 441IP 4.7 resident t,;;Y0 Witnes es ATTEST: Corporate Secretary MAl:tm REF:REV:\PINETREE.CAF FORM APPROVED LE L DEPT. Date 0,/(94 e-.t re f if • •-r v ,1 orw,,?.., 7r ! FA4V............›, 6, 61 o) ----7 s?- 7C' (1610/2 ii x ,off tii i wis; • .74 . . , x .i...611 • • . . ed 1-3 t • ,:.s • . Nab 7C ?!3 ry3 7 417.•71 t{ 3 SI :No V' Vt4 1 )e r • . i 1 . i )4 . 1 . . . og ,FE . -I- . (-) . I ,97.17 -iti If• .. )4 X X X t4C ,ic s v. • ��p� a 31.i cti r o7 „O� ?L • "i• "4 74 ,L Wad .. 1 40.4 1 .4..___. ..0.Ji r -1C I --* ORIGINAL RESOLUTION NO. 91-20314 To execute a revocable permit for the construction of an outdoor seating area for Pinetree Market Corporation d/b/a Cuban Palace Cafeteria, located at 917 - 39th Street.