Revocable Permit OF F
•
, r,
REVOCABLE PERMIT
THIS AGREEMENT, made on the 12th day of July , 1995, by and 'r
between the CITY OF MIAMI BEACH (City), and LA RAMBLAS ASSOCIATES, LTD., a 11:'
'l
Florida limited partnership, (Permittee). f)
ct
u1
WITNESSETH
WHEREAS,the Permittee is the owner of property abutting the Demised Premises, located
at 741-749 Lincoln Road/1655-1661 Meridian Avenue, Miami Beach, and legally described as a
portion of Lot 1, Block 35, Golf Course Subdivision as amended, according to the Plat thereof,
recorded in Plat Book 6, at Page 26, of the Public Records of Dade County, Florida; and
WHEREAS,the Permittee wishes to make an improvement on the Demised Premises; and
WHEREAS,the City in consideration of the restrictions and covenants herein contained,
hereby permits the exclusive use of the City right-of-way, as described in Exhibit "A", attached
hereto and incorporated herein, for the period of twenty (20) years commencing on
July 12 , 1995 (the Demised Premises).
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE
RESPECTIVE PARTIES HERETO:
That the recitations, statements, covenants, warranties and agreements hereinabove and in
the attached articles are true and binding upon the respective parties hereto.
1
r9E F:16964rc3938
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises to retain existing decorative architectural
metal work, in the exact configuration as described in Exhibit"A," attached hereto and incorporated
herein (the Improvements). No other Improvements of any kind shall be made to the Demised
Premises without the prior written consent of the Mayor and City Commission.
ARTICLE II
IMPROVEMENTS BY PERMITTEE
The Permittee shall have sole responsibility for obtaining all regulatory approvals, permits
or licenses required for the placement of the Improvements upon the Demised Premises. The
Improvements made by Permittee shall be removed from the Demised Premises at the expiration or
termination of this permit. Removal by the City of the Improvements made by the Permittee or
portions thereof shall be at the sole expense of the Permittee and governed by Article X hereunder.
ARTICLE III
CONDITION OF DEMISED PREMISES AND MAINTENANCE
The Permittee, at its own expense, shall cause the Improvements and 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. All landscaped areas shall be maintained in a live, healthy, and growing condition,
2
TF:16964rr3939
properly watered and trimmed. 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 persons or property to the
extent that any such damage or injury may be incident to, arising out of, or be caused, either
proximately or remotely, wholly or in part, by and act, omission, negligence or misconduct on the
part of Permittee or any of its agents, servants, employees, contractors, guests, licensees or invitees
or of any other persons entering upon the Demised Premises used hereunder with the express or
implied invitation or permission of Permittee, or when any such injury or damage is the result,
proximate or remote, of the violation by Permittee 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 Permittee,
its agents, servants, employees, contactors, patrons, guests, licensees or invitees of the Demised
Premises used hereunder, or arises out of any action challenging the granting or legality of this
Revocable Permit. Permittee covenants and agrees that in case City shall be made party to any
litigation against Permittee,or in any litigation commenced by any party against any party other than
Permittee relating to this Agreement or the Premises used hereunder, then Permittee shall and will
3
RED 16964 PO 3940
pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or
imposed upon City by virtue os any such litigation, including appeals.
ARTICLE V
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 for any damage to said
personal property.
ARTICLE VI
CITY'S RIGHT OF ENTRY
The City or any of its agents, shall have the right to enter upon the Demised Premises at any
time for the purpose of inspecting the Improvements and/or the Demised Premises., or to gain
access to or repair any utilities located with 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 improvements or damage to the allowed Improvements or
landscaping made by the City and necessitated by the Permittee's use of said Demised Premises,
shall be at the sole expense of the Permittee. Further, the City shall not be responsible for the
restoration of the Demised 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.
4
OFF.16964 3941
ARTICLE VII
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto, that the City may, in its sole
discretion, upon ten(10) days written notice to the Permittee, cancel or terminate this permit.
ARTICLE VIII
NOTICES
It is understood and agreed between the parties hereto that written notice addressed to the
Permittee and mailed (certified mail, return receipt requested) or hand delivered to La Ramblas
Associates,Ltd., c/o Dacra Development Company, 230 Fifth Street, Miami Beach, Florida 33139,
(Attn: Steven Gretenstein), shall constitute sufficient notice to the Permittee, and written notice
addressed to the City Manager and mailed(certified mail,return receipt requested)or hand 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 IX
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 X
SURRENDER OF PREMISES
At the expiration of this Permit or Cancellation thereof, Permittee shall, without demand,
quietly and peaceably deliver up possession of the demised premises free of any walls, fences or
5
ncc ♦ H.. w
°�`�.�F96P12gq!2
other like fixtures or Improvements. The Permittee shall be responsible for the expenses to put the
Demised Premises in said condition. If said premises are not in such condition, at the expiration,
renewal, or cancellation of this Permit,Permittee hereby agrees that the City shall have the right to
restore the Demised Premises to such condition. The Permittee agrees to reimburse the City for all
such expenses within thirty (30) day s of mailing of a statement to the Permittee at the address
indicated in Article 8. 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 may be foreclosed with one year form
the filing of such a lien,o r the City,at its option,may seek such other remedies as may be allowable
by law.
PERMI EtEE 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
Agreement for the purposes herein expressed the days and years first above written.
1,v3'
•
AT z , '-� ( CIT OF MIAMI it CH
1 r. r/t , r
jir�á
�/ :mac ft _ Allirl.! /
"Ty C ' to(-, YOR
6
•
' • REC.OFF.16964r3943
In the presence of: PERMITTEE:
La Rambl ssociates Ltd. bYits corporate general
partner La las cvelopment Corporation
itne President
itness Secretary
c:wpwin60-wpdoc\disc.A\revocable.permit
FORM APPROVED
LEGAL DEPT.
By44
Date
7
m...
Z d °Ec:16964r"3944
r Co
J r
la
0
North Lincoln Lane
n 3:+
eft -j -R-
f rr \_ -- .
3=a -
r Er
•
o O
4 ui
.------e 741-755 Lincoln Road ,
1=k 1655-1661 Meridian Avenue
I
vvvl R - i
=
IO
CN) Q a 3
g.\...\ = 0 1 .
T a
E
I j :74
Tti I.a ›
o
Z
.. u -•
w nL^
6
il- 1
as i. \
N
. 1
C,0 J
v
01 , cow 4 ' Lincoln Road
O.
EXHIBIT A
NOT TO SCALE
.
•
•
21 16964rc3945
pe:.
RESOLUTION NO. 9 5-21640
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A REVOCABLE PERMIT IN FAVOR OF LA
RAMBLAS ASSOCIATES, LTD., AS THE OWNER OF
PROPERTY LOCATED AT 741-749 LINCOLN ROAD/1655-
1661 MERIDIAN AVENUE FOR A REVOCABLE PERMIT
FOR EXISTING DECORATIVE ARCHITECTURAL METAL
WORK EXTENDING OVER THE ABUTTING CITY
PROPERTY ALONG THE NORTHEAST CORNER OF
MERIDIAN AVENUE AND LINCOLN ROAD.
WHEREAS,La Ramblas Associates, Ltd. is the owner of the building located at 741-749
Lincoln Road/1655-1661 Meridian Avenue; and
WHEREAS, La Rambas Associates,Ltd. has applied for a revocable permit for existing
decorative metal architectural work which currently extends over the abutting City property along
the northeast corner of Meridian Avenue and Lincoln Road; and
WHEREAS, on July 12, 1995, the Mayor and City Commission held a public hearing to
consider the aforestated request,and it is herein recommended that the Revocable Permit, attached
and incorporated as Exhibit "A," be approved.
NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and 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 La Ramblas Associates,Ltd.,as the owner of property located
at 741-749 Lincoln Road/1655-1661 Meridian Avenue, for a revocable permit for existing
decorative architectural metal work extending over the abutting City property along the Northeast
corner of Meridian Avenue and Lincoln Road.
OFF. r.�
17:16964rr 946
PASSED AND ADOPTED this 12 day of July 1 , 1995.
1 �
r!-O RIFF
ATTEST:
FORM APPROVED
CITY CLERK I Dept
•
By
(Resolution No. 95-21640) Date -5-
bev\a disc\resoIad.Iar
2
•
r:16964r3947
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 5146
.L1c
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: July 12, 1995
FROM: Jose Garcia-Pedrosa
City Manager
I
SUBJECT: REVOCABLE PE T ALLOWING LA RAMBLAS ASSOCIATES, LTD.,
OWNERS OF PROPERTY LOCATED AT 741-749 LINCOLN ROAD/1655-
1661 MERIDIAN AVENUE, TO RETAIN THE DECORATIVE
ARCHITECTURAL METAL WORK EXTENDING OVER THE ABUTTING
CITY RIGHT-OF-WAY ON NORTH LINCOLN LANE, MERIDIAN
AVENUE AND LINCOLN ROAD.
Attached is a Revocable Permit for La Ramblas Associates Limited,for the use of City right of way
on North Lincoln Lane, Meridian Avenue and Lincoln Road, adjacent to the applicant's property
located at 741-749 Lincoln Road 1655-1661 Meridian Avenue(see attached exhibit A), portion of
Lot 1, Block 35,Amended Plat of Golf Course Subdivision, as recorded in Plat Book 6 Page 26, .
of the Public Records of Dade County, Florida.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission authorize the execution of
the attached Revocable Permit in favor of La Ramblas Associates Limited, for the use of the City
right-of-way on North Lincoln Lane, Meridian Avenue and Lincoln Road to retain the encroaching
architectural metalwork and awning over the City right-of-way adjacent to this property (see
attached exhibit A).
BACKGROUND:
In June 1993,the City of Miami Beach Mayor and City Commission adopted Resolution 93-2855,
amending the City Code Chapter 33 and establishing procedures for granting, denial and revocation
of Revocable permits for use of City owned property.
In granting or denying the permit the Commission would consider the need of the applicant, whether •
applicant owns abutting property, effects on neighboring properties, public welfare, economic
impact on the City,compliance of the proposed improvements with existing ordinances, laws, rules
AGENDA ITEM -N.3
DATE -7_l Z'95
of- e964pr2948
COMMISSION MMORANDUM Page 2 July 12, 1995
and neighborhood plans, and effect on governmental/utility easement and uses.
La Ramblas Associates Ltd.,a Dacra Development company, has completed an exterior renovation
of the property located at 741-749 Lincoln Road and 1655-1661 Meridian Avenue which included
some architectural metal work extending over the public right-of-way at North Lincoln Lane,
Meridian Avenue and Lincoln Road. The City's Design Review Board had approved the renovation
works subject to obtaining a Revocable permit for the elements projecting over City property.
The applicant's request was reviewed on the June 7, 1995 Commission meeting to set a date and time
for a public hearing.
ANALYSIS:
La Ramblas Associates Ltd.,a Dacra Development Corporation company,and owner of the property
at 741-749 Lincoln Road and 1655-1661 Meridian Avenue is requesting to retain the architectural
metal work and canopy encroaching over the public right-of-way on North Lincoln Lane, Meridian
Avenue and Lincoln Road as an integral part of the overall design and renovation of that building.
The Revocable permit, in addition to the$1,000.00 application fee, shall generate an annual income
of $ 85 to the City, based on 284 sq. ft., or $1420 if the amended Ordinance for Revocable permit
fees is adopted ( 10 percent of Dade County Property Appraiser's value per annum).
CONCLUSION:
The revocable permit for use of the public right-of-way on North Lincoln Lane, Meridian Avenue
and Lincoln Road abutting portion of Lot 1, Block 35, Amended Plat of Golf Course Subdivision,
as recorded in Plat Book 6 Page 26, of the Public Records of Dade County, Florida(and as shown
on the attached Exhibit A) should be granted. La Ramblas Associates Limited, owner of property
located at 741-749 Lincoln Road and 1655-1661 Meridian Avenue, Miami Beach, will assume all
responsibility for the maintenance and liability within this area.
Attachment
Um K1Al RECOlo pe6
OrDADE COUNTY,fLOR10A'
flICOLD VERIFIED
MRVE' Rt"
Wit cf Circuit &County •
Courts
JGPNOA/DR/vgk
C:\WPWIN60\WPDOCS\COMMEMO\REVOC\REVPDACR.WPD