RESOLUTION 91-20349 RESOLUTION NO. 91-20349
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CONSENT TO ASSIGNMENT OF A
REVOCABLE PERMIT FROM CLUB EDEN ROC, INC. TO THE
MCDOEL HOTEL, INC. FOR THE USE OF THE WESTERLY 27 .7
FEET ADJACENT TO THE SEAWALL ON INDIAN CREEK OF
OUT-LOT #7 AMENDED PLAT OF INDIAN BEACH
CORPORATIONS SUB. (8-61) WHICH IS DIRECTLY ACROSS
FROM THE MUNICIPAL PARKING AREA #P-19 AT 46TH
STREET AND COLLINS AVENUE.
WHEREAS, the City of Miami Beach granted a Revocable Permit to
Florida East Coast Properties, Inc. pursuant to City Commission
Resolution No. 89-19744 approved October 4 , 1989 (the "Revocable
Permit") ; and
WHEREAS, the Revocable Permit provides for the use of the
westerly 27 . 7 feet adjacent to the seawall on Indian Creek of out-
lot #7 amended plat of Indian Beach Corporation' s sub. (8-61) which
is directly across from the municipal parking area #P-19 at 46th
Street and Collins Avenue: and
WHEREAS, Florida East Coast Properties, Inc. assigned its
rights in the Revocable Permit to Club Eden Roc, Inc. and pursuant
to Resolution No. 90-20014 adopted June 20, 1990, the City
conserted to the Assignment; and
WHEREAS, Club Eden Roc, Inc. is desirous of assigning its
rights under the Revocable Permit to The McDoel Hotel, Inc. and The
McDoel Hotel, Inc. is desirous of assuming those rights, and an
assignment has been executed by the parties.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized to execute a consent to assignment of Revocable
Permit from Club Eden Roc, Inc. to The McDoel Hotel, Inc. for the
use of the westerly 27 . 7 feet adjacent to the seawall on Indian
Creek of out-lot #7 amended plat of Indian Beach Corporation' s sub
(8-61) which is directly across from the municipal parking area #P-
19 at 46th Street and Collins Avenue.
PASSED and ADOPTED this 11th day of September , 1991.
ATTEST:
e'k(„Lc .5A,
City Clerk Vice-May.'
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C:\resoluti\edenroc.con FORM APP1O''[D
August 27, 1991
LE L DEPT.
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FLORIDA 3 3 1 3 9
{*`INCORP ORATED t'V,4 C A TIONL,41V D U. S. A.
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OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
DATE: September 11, 1991 -
TO: Mayor Alex Daoud and
Members of the City C mmission
(1,
FROM: Carla Bernabei Talarico
City Manager
SUBJECT: ASSIGNMENT OF REVOCABLE PERMIT FROM CLUB EDEN ROC, INC.
TO THE MCDOEL HOTEL, INC. FOR THE USE OF A PORTION OF THE
SEAWALL ON INDIAN CREEK DIRECTLY ACROSS FROM MUNICIPAL
PARKING AREA AT 46TH STREET AND COLLINS AVENUE
HISTORY AND BACKGROUND:
Pursuant to City Commission Resolution No. 89-19744 , approved
October 4 , 1989, the City granted to Florida East Coast Properties,
Inc. a Revocable Permit for use of the Westerly 27 . 7 feet adjacent
to the seawall on Indian Creek of Out-Lot #7 Amended Plat of Indian
Beach Corporation' s Sub. (8-61) which is directly across from the
Municipal Parking Area #P-19 at 46th Street and Collins Avenue.
Pursuant to City Commission Resolution No. 90-20014 , approved June
26, 1990 the City consented to an assignment of the Revocable
Permit from Florida East Coast Properties, Inc. to Club Eden Roc,
Inc. , as owner of the hotel and marina which is adjacent to the
permitted premises.
The counsel for Club Eden Roc, Inc. has requested the City' s
consent of the assignment of the permit to the new owner of the
Eden Roc Hotel, The McDoel Hotel, Inc. (Copy of correspondence
attached) .
Under the proposed assignment, The McDoel Hotel , Inc. will assume
and abide by the terms and conditions of the Revocable Permit. All
terms and conditions of the Revocable Permit otherwise remain
unchanged.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve
a Resolution authorizing the Mayor and City Clerk to execute a
consent to assignment of the Revocable Permit from Club Eden Roc,
Inc. to The McDoel Hotel, Inc. for the use of the westerly 27 . 7
feet adjacent to the seawall on Indian Creek of out-lot #7 amended
plat of Indian Beach Corporation' s sub. (8-61) which is directly
across from the municipal parking area #P-19 at 46th Street and
Collins Avenue.
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AGENDA 62 •
26
ITEM
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DATE
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ASSIGNMENT
�y
THIS ASSIGNMENT made this \. day of June, 1991, by CLUB EDEN ROC, INC. (the
"Assignor") to THE McDOEL HOTEL, INC. (the "Assignee").
IN CONSIDERATION of the sum of Ten ($10.00) Dollars paid by Assignee to Assignor, and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1. Assignor hereby transfers, grants, conveys, sells and assigns to Assignee, all of
Assignor's right, title and interest in that certain Revocable Permit dated October 11,
1989 between Florida East Coast Properties, Inc. and the City of Miami Beach recorded
in Official Records Book 13327, Page 2504, and which Revocable Permit was assigned
to Club Eden Roc, Inc. by instrument recorded in Official Records Book 14617, Page
2672, all of the Public Records of Dade County, Florida.
2. Assignee hereby accepts this Assignment and agrees to perform all conditions
contained in said Revocable Permit, and agrees to assume all obligations under said
Revocable Permit as of the date of this Assignment.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this Assignment the day
and year first above written.
Signed, sealed and delivered CLUB EDEN ' OC, I
in the prese. e of:
By:
At....ril*/ President
THE a.OEL OTEL, INC. /
By: V /
AEI1AW �.: ce.President
CONSENT
The City of Miami Beach hereby consent to the foregoing Assignment of the Revocable Permit to The
McDoel Hotel, Inc.
CITY OF MIAMI BEACH
Attest:
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Ltc L
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B
NO.
Clerk FORM APPROT1t1 Vice-Mayoro2
r
LEGAL DEPT.
STATE OF FLORIDA 6: 2la-urs
COUNTY OF DADE •
Date
acknowledged before me this .l) dayof June, 1991,by -1-) ��'gl.- v
The foregoing instrument was ick g
as President of CLUB EDEN ROC, INC., a Florida corporation,to me well known to be the person described in and
who executed the foregoing and duly acknowledged before m that sai. instrument is the ac deed of said corporation.
R'``��'•. OFF I C I
otary blit,State of Florida at Large " r,:1�wI , s SFAs,
. N • TASSEL
UnLIC-F0
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•,.... N�l:� 7t;,?1i GEN1994
STATE OF FLORIDA •
: ss.:
COUNTY OF DADE
The foregoing instrument was acknowledged before me this L) day of June, 1991, by Jioi ,..-' me
as Vice President of THE McDOEL HOTEL, INC., a Florida corporation, to me well •. n to be the person described in and who
executed the foregoing and duly acknowledged before • e that said i t is the a d deed of said corporation.
Notary Pu lic, State of Fl da at Large , �ar•r�;,k,•
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BROADand CASSEL4 REPLY TO: Court• House Center
• Suite 2000
ATTORNEYS AT LAW • 11• 2 3 175 Northwest First Avenue
7.\ II ^ �, `' Miami, Florida 33128
Miami(305) 371-9100
•
• _ Broward(305)763-2070
Telecopy 373-9443
WRITER'S DIRECT LINE: 373-9420
July 23 , 1991
John Dellagloria, Esq.
Office of the City Attorney
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear John:
I hate to keep bothering you, but you are the only sole I know
over at that office so I have no choice.
Club Eden Roc, Inc. has recently transferred the Eden Roc Hotel
to the McDoel Hotel, Inc.
I am attaching herewith original Assignment of the Revocable
Permit covering the 1/2 of the base that extend beyond the hotel in
front of the public parking lot.
To make it easy for you, I am enclosing copies of the
following:
1. Assignment of Revocable Permit recorded in Official
Records Book 14617 , Page 2672 .
2 . Resolution No. 90-20014, recorded in Official Records Book
14617, Page 2673 .
3 . original Revocable Permit recorded in Official Records
book 13327, Page 2504 .
990 Hammond Drive, N.E. 2150 Parklake Drive. N.E. 7777 Glades Road One Financial Plaza
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(404) 393-2100 (404) 938-7200 (407) 483-7000 (305) 764-7060
Telecopy 483-7321 Telecopy 761-8135
Suite 500 1051 Winderley Place 14003 N. Dale Mabry Highway 820 East Park Avenue
The Reflections Office Centre Maitland, Florida 32751 Tampa, Florida 33618 P.O. Drawer 11300
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West Palm Beach, Florida 33401 Telecopy 660-0847 Telecopy 960-8959 (904) 681-6810
(407) 832-3300
Telecopy 655-1109
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John Dellagloria, Esq.
July 23 , 1991
Page 2
Would you be so kind as to take whatever steps are necessary
to secure approval of this Assignment and return the original back
to me for recording with the appropriate City Resolution.
Sincerely yours,
BROAD D CASSEL
/
MSC/smb MA.RWIN eCASSEL, P.A.
enc.
BROAD and CASSEL
ORIGINAL
RESOLUTION NO. 91-20349
Authorizing the Mayor and City Clerk to
execute a consent to assignment of a
revocable permit from Club Eden Roc, Inc.
to the McDoel Hotel, Inc. for the use of
the westerly 27. 7 feet adjacent to the
seawall on Indian Creek of out-lot #7
amended plat of Indian Beach Corporation's
Sub. (8-61) which is directly across from
the municipal parking area #P-19 at
46th Street and Collins Avenue.