RESOLUTION 92-20437 F
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RESOLUTION NO. 92-20437
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 WASHINGTON STORAGE COMPANY,
INC. FOR THE INSTALLATION OF 16 STREET LIGHTS,
A STAINLESS STEEL STRUCTURE, TREE GRATES,
ELECTRIC, LIGHTING, SPRINKLERS AND LANDSCAPING
IN THE SIDEWALK AREA ABUTTING THE BUILDING FOR
WASHINGTON STORAGE COMPANY, INC. LOCATED AT
1001 WASHINGTON AVENUE.
WHEREAS, Washington Storage Company, Inc. , 1001 Washington
Avenue, has requested a Revocable Permit (attached) for the
installation of 16 street lights, a stainless steel structure, tree
grates, electric, lighting, sprinklers and landscaping in the
sidewalk area abutting the building for Washington Storage Company,
Inc. ; and
WHEREAS, the City Manager recommends granting the Revocable
Permit and the City Attorney has approved it as to form.
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 attached Revocable Permit in favor of
Washington Storage Company, Inc. for the installation of 16 street
lights, a stainless steel structure, tree grates, electric,
lighting, sprinklers and landscaping in the sidewalk area abutting
the building for Washington Storage Company, Inc. located at 1001
Washington Avenue.
PASSED and ADOPTED this 2/ 4 day of Janua • 2 .
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MAY• ''
ATTEST:
cl--6 _L,A E.r ,„CNAA,,---- FORM APPROVED
CITY CLERK ,01 ciL
LE L DEPT.
PNB: lm B
C\RESOLUTIONS\washington $' Z
January 7, 1992 Date
(J:41 • •
CITY OF MIAMI' . BE1ACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 3519, 2--
DATE: January 22, 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Carla Bernabei Talarico
City Manager
SUBJECT: REVOCABLE PERMIT TO ALLOW FOR INSTALLATION OF 16
STREETLIGHTS AND A STAINLESS STEEL STRUCTURE, TREE
GRATES, ELECTRIC, LIGHTING, SPRINKLERS, AND
LANDSCAPING, IN THE SIDEWALK AREA ABUTTING
WASHINGTON STORAGE COMPANY, INC., 1001 WASHINGTON
AVENUE
Attached is a revocable permit for Washington Storage Company, Inc. The
Administration is requesting that the attached Revocable Permit be executed to allow for
installation of 16 streetlights and a stainless steel structure, tree grates, electric, lighting,
sprinklers, and landscaping, in the sidewalk area abutting Washington Storage Company,
Inc., 1001 Washington Avenue.
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval of the revocable permit.
CBT/RAG/DR/b
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AGENDA y
ITEM L/
DATE /-422,2 ��`�
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REVOCABLE PERMIT
(COMMERCIAL PROPERTY)
THIS AGREEMENT, made on this 14th day of February, 1992
between the CITY OF MIAMI BEACH, hereinafter called the "City" and
Washington Storage Company, Inc. , 1001 Washington Avenue, a Florida
corporation, hereinafter called the "Permittee" .
WITNESSETH
WHEREAS, the Permittee is the owner of the following described
property which abuts the Demised Premises,
Lot 9, 10 and 11, Block 30, Ocean Beach
Addition No. 2 Subdivision, Plat Book 2 , Page
56 of the Public Records of Dade County,
Florida, and
WHEREAS, the Permittee wishes to make an improvement on the
Demised Premises.
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 a period of one (1) year commencing
on February 14 , 1992 (the "Described Premises") . 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.
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises for
installation of 16 street lights, a stainless steel structure, tree
grates, electric, lighting, sprinklers and landscaping in the
sidewalk area abutting the building for Washington Storage Company,
Inc. 1001 Washington Avenue, in the exact configuration as
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Inc. , 1001 Washington Avenue, in the exact configuration as
described 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
Permittee agrees that it will indemnify, hold and save
the City, their officers, agents, contractors and employees whole
and harmless and at City's option defend same, from and against all
claims, demands, actions, damages, loss, cost, liabilities,
expenses and judgments of any nature recovered from or asserted
against City on account of injury or damage to person or property
to the extent that any such damage or injury may be incident to,
arise out of, or be caused, either proximately or remotely, wholly
or in part, by any act, omission, negligence or misconduct on the
part of Indemnitor or any of its agents, servants, employees,
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contractors,
contractors, guests, licensees or invitees or of any other person
entering upon the Demised Premises used hereunder with the express
or implied invitation or permission of Indemnitor, or when any such
injury or damage is the result, proximate or remote, of the
violation by Indemnitor or any of its agents, servants, employees,
contractors, guests, licensees or invitees of any law, ordinance or
governmental order of any kind, or when any such injury or damage
may in any other way arise from or out of the use by Indemnitor,
its agents, servants, employees, contractors, patrons, guests,
licensees or invitees of the Premises used hereunder, or arises out
of any action challenging the granting or legality of this
Revocable Permit. Indemnitor covenants and agrees that in case City
shall be made party to any litigation against Indemnitor, or in any
litigation commenced by any party against any party other than
Indemnitor relating to this Agreement or to the Premises used
hereunder, then Indemnitor shall and will pay all costs and
expenses, including reasonable attorney's fees and court costs,
incurred by or imposed upon City by virtue of any such litigation,
including appeals.
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.
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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
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, in its sole discretion and without cause, upon
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ten days' written notice to the Permittee, cancel or terminate this
permit if the City in its sole discretion needs the property for
any reason.
ARTICLE IX
NOTICES
It is understood and agreed between the parties hereto
that written notice addressed to the attorney for Permittee and
mailed or hand delivered to attorney for Permittee and mailed or
delivered to Washington Storage Company, Inc. , 1001 Washington
Avenue, 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. Mail shall be deemed effective when
mailed.
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
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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.
IN WITNESS WHEREOF, the parties have hereunto executed
this Revocable Permit for the purposes herein expressed the day and
year first above written.
PASSED AND ADOPTED this 22nd day of January , 1992 .
I
T OF V ' ► .SAV
By
S YMOUR GELBER, MAYOR
ATTEST:
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,c,t,"_,,,N --_- , 'i),,,,,,_
CITY CLERK
WASHINGTON STORAGE COMPANY, INC.
ATTEST:
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BY: ill aL
SECRETA
---37/ \41'1 j PR f D
FORM APPROVED
PNB: lm LEG DEPT.
C:REVOCPER\WASHINGT.STO •4;-. 4g..--._
January 2, 1992 By
Date
/2/92-
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FXHTFITT "A"
ORIGINAL
(21,,,..1 ,2-11144-3 RESOLUT WN NO. 92-2U437
Authorizing the Mayor and City Clerk to
execute a revocable .permit in favor of
Washington Storage Company, Inc. for the
installation of 16 street lights, a stain-
less steel structure, tree grates,
electric lighting, sprinklers and land-
scaping in the sidewalk area abutting the
building for Washington Storage Company,
Inc. located at 1001 Washington Avenue.