C7J-Set Public Hearing Renew Existing Revocable Permit For Vera Mender 1460 Ocear ^f. ^e. ,c
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it,lii,lMiBfACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITYATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FRoM: RAUL J. AGUIUQ-Q-Cg'I-
CITY ATTORNEY
DATE: FEBRUARY 4,2015
suBJEcr: A RESOLUTION oF THE MAYOR AND ctrY coMMtsstoN oF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING, AS REQUIRED PURSUANT TO SECTION S2-93(a)
OF THE CITY CODE, TO CONSIDER RENEWAL OF AN
EXISTING REVOCABLE PERMIT FOR VERA MENDER ANDTHE DRAKE CONDOMINIUM ASSOCIATION, INC., TO
CONTINUE TO RETAIN AN EXISTING HANDICAP ACCESS
RAMP IN THE CITY RIGHT OF WAY ABUTTING THE DRAKE
CONDOMINIUM, LOCATED AT 1460 OCEAN DRIVE, MIAMI
BEACH, FLORIDA.
The above referenced Resolution pertains to the renewal of an existing Revocable
Permit to maintain a handicap access ramp on a portion of the public right of way
abutting the Drake Condominium, located at 1460 Ocean Drive, Miami Beach, Florida;
which ramp has been there for twenty years.
Even though this is a request for renewal of an existing Revocable Permit, and not a
new application, I would nevertheless recommend that, in accordance of the
requirements of City Code Section 82-93(a), the City Commission approve the attached
Resolution setting a public hearing to consider such renewal.
Agenda lt" --Cl d
Date 411:l{299
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND C!ry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING, AS REQUIRED PURSUANT TO SECTION S2-93(a)
OF THE CITY CODE, TO CONSIDER RENEWAL OF AN
EXISTING REVOCABLE PERMIT FOR VERA MENDER AND
THE DRAKE CONDOMINIUM ASSOClATlON, ING., TO
CONTINUE TO RETAIN AN EXISTING HANDICAP ACCESS
RAMP IN THE CITY RIGHT OF WAY ABUTTING THE DRAKE
CONDOMINIUM, LOCATED AT 1460 OCEAN DRIVE, MIAMI
BEACH, FLORIDA.
WHEREAS, on June 15, 1994, the City Commission approved Resolution No. 94-21188
(the "Resolution"), granting a Revocable Permit (the "Permit") to Vera Mender and South Ocean
Beach Properties, lnc. to allow for construction of a handicap access ramp (the "lmprovements")
on a portion of the City right of way abutting the Drake Condominium, located at 1460 Ocean
Drive, Miami Beach, Florida, for handicap access to the condominium (the "Resolution and
Permit" are attached as Exhibit "A" hereto); and
WHEREAS, the lmprovements were constructed in 1994, following approval and
execution of the Permit, on a five (5) by thirty (30) foot section of the City right of way; and
WHEREAS, the lmprovements have been continuously maintained and utilized since
1994; and
WHEREAS, the Permit provides for an initial term of twenty (20) years, as allowed
pursuant to Section 82-95(c) of the City Code; with such term having commenced on July 1,
1994, and ending on June 30,2014; and
WHEREAS, Ms. Mender and The Drake Condominium Association, lnc., as the
successor in interest to South Beach Ocean Properties, lnc. (collectively, Mender and the
Condominium Association are also referred to herein as the "Permittee"), wish to continue to
maintain the existing lmprovements on the abutting City property and, accordingly, have
requested that the existing Permit be renewed for an additional twenty (20) year term; and
WHEREAS, other than the request for extension of the initial term (which has expired),
all other terms and conditions of the original Permit would remain unchanged including, without
limitation, Permittee's continued obligation to maintain the lmprovements; and
WHEREAS, pursuant to Section 82-93(a) of the City Code, the City Commission shall
schedule a public hearing to consider the request and, additionally, pursuant to Code Section
300
82-93(b), shall provide at least fifteen (15) days'notice of such hearing to owners of land lying
within 375 feet of the existing permit area.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that a public hearing, as required
pursuant to Section 82-93(a) of the City Code, to consider renewal of an existing Revocable
Permit for Vera Mender and the Drake Condominium Association, lnc., to continue to retain an
existing handicap access ramp in the City right of way abutting the Drake Condominium, located
at 1460 Ocean Drive, Miami Beach, Florida.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
F:\ATTO\AGU R\RESOS-ORD\Drake Condomin ium Revocable Permit (2-4-1 5).docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
z- 4' t5
-
Dote
301
RESOLUTIONNO. e4-2rr88
A RESOTUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF M!AM! BEACH, TLORIDA, AUTHORTZTNG THE
MAYOR, AND CITY CLERK TO EXECUTE A REVOCABTE
PERMIT IN FAVOR OF VERA MENDER AND SOUTH OCEAN
BTACH pROpERTtEt tNC., FOR rHE CONSTRUCTTON OF A
HANDICAPACCESS RAMP ON THE PUBTIC RTGHT OF WAY
ABUTTING THE NORTH IINE OF THE DRAKE
coNDoMtNtuM, tocATED AT 1460 OCEAN DRIVE.
WHEREAS, Vera Mender and South Ocean Beach Properties, lnc. have requested a
Revocable Permit for the construction of a handicap access ramp on the public right of way
abutting the North line of the Drake condominium, located at l460 ocean Drive; and
WHEREAS, the Administration recommends granting the Revocable Permit, attached
hereto and incorporated herein as "Exhibit "A', and the city Attomey has approved it as to
form.
NOW THEREFORE, BE tT DUty RESOIVED By THE MAYOR AND CITY
coMMlssloN oF THE clrY or MlAMt BEACH, FtoRtDA, that the Mayor and city clerk
are authorized to o(ecute the attached Revocable Permit in favor of Vera Mender and South
Ocean Beach Properties, tnc., for the construction of a handicap access ramp on the pubtic
Right of Way abutting the north line of the Drake Condominiums, located at l4G0 Ocean
Drive.
PASSED and ADOPTED this 15th day of June 1994.
ATTEST:MAYOR
. CITY CLERK
RJA/cnm
R,lAdsk2\a:Vrendeeres
Exhibit "A"
4q
302
CITY C]F MIAMI BEACH
CITY HALL ITOOCONVEI{TION CENTEF ORIVE MIAMI BEACH FLORIOA 3i}139
oF?rcc ot Txc ctrY IAXAOIi
TEIITHOII* (tGl a7}r0t0
IO:
DATE:June 15,1994
Fhoil:
Attachnente
RucrzDR/vgk
ooMMTSSTON MEMOMNDUM NO. 4!L?4'^r:(t0r)f'&zra
Uep Seyrnour GCbe? uld
lletnben oa the Ory Com.nbllonW
sirBrECr: fril[-H{ii fi*lilid&rliri$,,"*3I"i,1il3lEi:lEurlltro !E! Dnrrr corDoxrrrut, ill;-oafu Dnrv!, ro! 2rr8! ot ocErtr DBtv! rrrrrgroi, ;irci-iilrr"reRg DrnarEuBDrvrttor ot lLror EllcE.
*:ffn?1.*r."r.1t"tcab1e Petmlt for vera lrender and south ocean
rocacea--fi --ai]lill"i.ffi;:f.n"'r1fr '"r..#BH:i;ii;i.;."rfi iAdulnlatratlon ls
-
re.sucetlns - rh;;'ir," Lttiiilo iJiJilurr pcrmtt bcexecutcd to aLlos tfr]e cons[,ruciloi*ii-or";-riil; .ot way- on -.,ri-"3"3,i 3rl!"31.?,rrri:ffil'"t?tl:abuttins thc aiptt-iniri pilpliivl
lDllf llrarRlllor nlclorolllpmror r
Th€ Ad,rnlrtratron- reconnende that.the. clty connlssl0n authorlzethe execution or the_ revoc-ibie p"-r-rt in iaioi-ii-ilr. lrender andsouth occan Beach. rroperttee i;;'., ror-iiJ JJneiructron of ahandlcap ralp aB arrorn -tn iir,llii'l.
BTCICIOInIDt
fn 1988, aa part of the Ocean Drlve Etr:eq iuprowenent proJect, thaarea ol Flfteenth _etreet uetween ilcea-n orrvc-ie-c"iii"s Av€nue waarcconstructcd rlth 5 feet wral iinascatia iii.-il-"itlng privatefiiffr:lii".tnrl. south erae oirstli atrelt. ir,. or.ri'condouinlun,,rtrr--"-coir,#!-rlilffi:ffi"d1:r.::::.dt :ili r5ilJl accese dooitrre usJ-;i-i-t-nrity'i.-;! -iiiE""=."rron wrthrn .nrti lrrffi":::g::l!ffitsiir..t.", ro- congtru"i'a- na"aic.p--it?rl..-..rp to tho
ll'tll.YgfSr
Vera Uendsr and qouqh . Oc€an Beach pr-opertles fnc. shall beresponslbrc for obtalnlng - ii.r, - trr" relevant per:ulta for theconstructlon of the ranp, ina shaiiTl:;ppir".it-",-i.F;i;";;iiJfi SffI"'T":o?f.'"f..r1*;."f9" j;
;:::"':f;EB"il"lli tt':: i::"I;"6ir.i-i,,-ii-" lio..t or se i,
coltcLoaroxr
rhe rcvocable perait for the use of 1ii"e^ cg-et !y thirty feet 10ng rrgBection of thi ra.naetlpet--.;;; -n-ortn ot rh€ oi.tie-'"ondouiniuu,
il!: : lif, "i35ff:' il' T" y;."*
", * "
"::l,ii"$,*::' il6;;t i ;lllabtttty of the nanafcap-ic-ce-ET-;;;. ^-' "'= eitt%
o^rr-1or15-99
303
REVOCABTE PERMIT
(RESIDENTIAT PROPERTY)
THIS ACREEMENT, made onthis/f-d* d
ry------,'1994
between the CtTy
OF MlA ,ll BEACH, (the City) and VERA MENDER and SOUTH OCEAN PROPERTIES, lNC.,
(colleaively the Permittee).
WITNESSETH
WHEREAS, the Permiftee is the owner of property abutting the Demised Premises to
the north; i.e., "The Drake Condominium", located at '1450 Ocean Drive, and legally
described as Lots 1 and2 West of Ocean Drive Extension, and Lots 3 and 4less portion
beginning Northwest corner lot 3, East 116 feet, Southerly 100 feet, Westerly 132 feet lWL,
Northerly to Point of Beginning Blcrck 77 , Fishers First SuMivision of Alton Beach, recorded
in Plat Book 2 at page 77 ol the Public Recods of Dade County, Florida; and
WHEREAS, the Permittee wishes to make an improvement on the Demised Premises;
and
WHEREAS, the City, for and in consideration of the restrictions and covenants herein
contained, hereby permits the exclusive use of a City rightof-way, as described in Exhibit "A",
athched hereto and incorporated herein, for the period of twenty (20) years commencing on
.lrrl v I ct 1994 (the Demised Premises).
IT IS FURTHER MUTUALLY UNDERSTOOD AND ACREED BY THE RESPECTIVE
PARTIES HERETO:
That the recitations, statemeflts, covenants, warranties and agreements hereinabove
captioned and set 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 the construction of a handicap access
ramp in the exact configuration as described in Exhibit "A", attached hereto and incorporated
304
herein. No other improvement 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 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. 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 X hereunder.
ARTICLE III
CONDITION OF PREMISES AND MAINTENANCE
The Permiftee, 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 Demised 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
peruon or property to the extent that any such damage or injury may be incident tq arise out
of, or be caused, either proximately or remotely, wholly or in pa4 by any act, omission,
negligence or misconduct on the part of lndemnitor or any of its agents, seryants, employees,
contractors, Suests, licensees or invitees or of any other person entering upon the Demised
Premises used hereunder with the express or implied invitation or permission of lndemnitor,
or when any such injury or damage is the result, proximate or remotg of the violation by
lndemnitor or any of its agents, servants, employees, contraclors, guests, licensees or invitees
305
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 lndemnitor, 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.
lndemnitor covenanB and agrees that in case City shall be made party to any litigation against
lndemnitor, or in any litigation commenced by any party against any party other than
lndemnitor relating to this Agreement or to the Premises used hereunder, then lndemnitor
shall and will pay all costs and expenses, including reasonable attomey's fees and couft costs,
incuned by or imposed upon City by virtue of any such litigation, including appeals.
ART]CLE V
NO tIABILIry FOR PERSONAL PROPERry
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 VI
CIry'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 inspec-ting or to gain access to or repair any utilities located
within 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 the above, or damage to the allowed improvement 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 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 subjeA of this revocable permit. Additionally, any expenses
incuned by the City, but not paid by the Permittee, in removing such improvements or
landscaping shall become a lien upon the Permittee's abutting prcperty, which may be
foreclosed within one year of its filing.
306
ARTICLE VII
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto, that the City may, in its sole
discretion, upon ten 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 Permiftee and mailed or hand delivered to Vera Mender, 1460 Ocean Drlve, illami Beach,
Elorida, 39139; wlth copies to: 0wen FreedEsquire,150 Flasler Sti'eet, Suite 2200,llidni, Florida 33130 , shal! constitute sufficient notice to the
Permittee, and written notice addressd to the City Manager and mailed or delivered to the
City of Miami Beach,1TOO Convention Center Drive, Miami Beach, Florida 33139, shall
constitute sufficient notice to the City to comply witlr 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 fi6t 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 possession of the Demised Premises free of any walls,
fences or other like fixtures or improvements. The Permittee shall be responsible for the
elQenses of putting the Demised Premises in said condition. lf 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 Demised Premises to such condition. The Permittee
agrees to reimburse the City for all such expenses within thifi (30) days of mailing of a
statement to the Permittee at the address indicated in Article 8. lf not so paid, the expenses
incuned by the City in so doing shall become a lien upon the Permittee's abutting property
307
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 FURTHER STATES THAT HE HAS CAREFULLY READ
THE FOREGOING REVOCABLE PERMIT AND KNOWS THE
CONTENTS THEREOF AND FULLY REALIZES ITS MEANING
AND SIGNS THIS REVOCABTE PERMIT OF HIS OWN FREE
WILL.
lN WTNESS WHEREOF, the parties have hereunto executed this Revocable Permit for
the purposes herein expressed the day and year first above written.
ATTEST:
City Clerk
w
RJA/cnm
RJAdskl\a:Vnander,lrv
Corporate Seal
PERMlTTEE
Witness
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