95-21736 Reso •
RESOLUTION NO. 95-21736
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AFTER-THE-FACT REVOCABLE PERMIT IN
FAVOR OF A.V. PARTNERS, LTD. AND GIMEL
PROPERTIES,INC.,COLLECTIVELY DOING BUSINESS AS
AGIL ASSOCIATES, AS OWNER OF THE LA TOUR
CONDOMINIUM, LOCATED AT 4201 COLLINS AVENUE,
FOR A REVOCABLE PERMIT FOR BRICK PAVERS IN THE
PARKING LANE ON 42ND STREET, EAST OF COLLINS
AVENUE, AND FOR CONSTRUCTION OF BRICK PAVER
SIDEWALKS AND WALKWAYS WITH LANDSCAPING,
IRRIGATION SYSTEM,AND LIGHTS ON THE ABUTTING
CITY-OWNED RIGHT-OF-WAY ON 42ND STREET.
WHEREAS,Agil Associates, is the owner of the La Tour Condominium, located at 4201
Collins Avenue; and
WHEREAS,Agil Associates has applied for a revocable permit to install brick pavers in the
parking lane on 42nd Street, east of Collins Avenue, and for construction of brick paver sidewalks
and walkways with landscaping, irrigation system,and lights, on the abutting City-owned right-of-
way on 42nd Street and has in fact completed the aforestated work; and
WHEREAS, on September 27, 1995,the Mayor and City Commission held a public hearing
to consider the request, and it is recommended that an after-the-fact Revocable Permit(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 after-the-fact Revocable Permit in favor of Agil Associates, as owner of the La Tour
Condominium located at 4201 Collins Avenue,for a revocable permit for brick pavers in the parking
lane on 42nd Street, east of Collins Avenue, and for brick paver sidewalks and walkways with
landscaping, irrigation system, and lights, on the abutting City-owned right-of-way on 42nd Street.
PASSED AND ADOPTED this 27thday of Septe' •er , 1995. /
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FOR V
A TEST:
CITY LERK
C:1W P W IN601WPDOCS\RESOLUTNIAGILASS2.RE V
FORM APPROVED
LEGAL DEPT.
By
Date r •?o '4 ?
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REVOCABLE PERMIT
THIS AGREEMENT, made on the 25th day of September , 1995, by and
between the CITY OF MIAMI BEACH (City), and A.V. PARTNERS, LTD. and GIMEL
PROPERTIES, INC. d/b/a AGIL ASSOCIATES, a Florida general partnership (Permittee).
WITNESSETH
WHEREAS, the Permittee is the owner of the property known as the La Tour
Condominium,abutting the Demised Premises,located at 4201 Collins Avenue, Miami Beach, and
legally described as Lots 3,4, 7, 8 and the 16' alley in between, of Block 37, OCEAN FRONT
PROPERTY SUBDIVISION OF THE MIAMI BEACH IMPROVEMENT COMPANY, as
recorded in Plat Book 5, Pages 7 and 8 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
September 25 , 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.
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ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises to install brick pavers in the parking lane on
the north side of 42nd Street adjacent to the property, and as required by the Florida Department of
Environmental Protection, and to construct brick paver sidewalks and walkways with landscaping,
irrigation system and lighting, in the exact configuration as described in Exhibit "A," (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
JMPROVEMENTS 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
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and debris. All landscaped areas shall be maintained in a live, healthy, and growing condition,
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 he
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, contractors, 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
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Permittee relating to this Agreement or the Premises used hereunder,then Permittee shall and will
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 any
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 also 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 the 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
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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 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,without
cost or liability to the City.
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 Agil Associates,
c/o DCOM Development Co, 1110 Brickell Avenue, #807, Miami, Florida 33131 (Attn: Franklin
Gindler), 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.
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ARTICLE IX
ASSIGNMENT
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
other like fixtures or Improvements. The Permittee shall be responsible for the expenses to put the
Demised Premises in said condition. If the 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) days of mailing of a statement to the Permittee at the address
indicated in Article 8. If not 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,or the City, at its option, may seek such other remedies as may be allowable by
law.
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
Agreement for the purposes herein expressed the da • •• d years first abo - written.
AS"
ATTEST: CI, OF MIAMI BE /
/ / /
IM '
TY CLE r MAY III
In the presence of: 'ERMITTEE:
AGIL ASSOCIATES
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itne General P ner
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1 ORM APPROV r
LEGAL DEPT.
By �'�'
Date �' � —
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