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94-21188 Reso RESOLUTION NO. 94-21188 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 VERA MENDER AND SOUTH OCEAN BEACH PROPERTIES, INC., FOR THE CONSTRUCTION OF A HANDICAP ACCESS RAMP ON THE PUBLIC RIGHT OF WAY ABUTTING THE NORTH LINE OF THE DRAKE CONDOMINIUM, LOCATED AT 1460 OCEAN DRIVE. WHEREAS, Vera Mender and South Ocean Beach Properties, Inc. 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 1460 Ocean Drive; and WHEREAS, the Administration recommends granting the Revocable Permit, attached hereto and incorporated herein as "Exhibit "A", and the City Attorney has approved it as to form. 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 Vera Mender and South Ocean Beach Properties, Inc., for the construction of a handicap access ramp on the public Right of Way abutting the north line of the Drake Condominiums, located at 1460 Ocean Drive. PASSED and ADOPTED this 15th day of June , 1994. ATTEST: ~JG'~ CITY CLERK FOR~ LE A . c?? B~ ~~ DII8 7// /q~ '-------- /- . / "7 RJNcnm RjAdsk2\a:\mender.res 'CITY OF MIAMI 8EACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER COMMISSION MEMORANDUM NO. ;J <j 1-9<1 TELEPHONE: (305) 173.7010 FAX; (305) 173-7712 TO: Mayor Seymour Gelber and Members of the City Commission DATE: June 15,1994 FROM: SUBJECT: REVOCABLE PERMIT TO ALLOW THE CONSTRUCTION OF A HANDICAP RAMP ON THB CITY OWNBD RIGHT OF WAY ON FIFTBBNTH STREBT, ABUTTING THB DRAD CONDOMINIUM, 1"'0 OCBAN DRIVE, LOT 2 WBST OF OCBAN DRIVE BXTBNSION, BLOCK 77, FISHBRS FIRST SUBDIVISION OF ALTON BEACH. Attached is a Revocable Permit for Vera Mender and South Ocean Beach Properties Inc., as co-appl icants and owners of property located in the Drake Condominium, 1460 Ocean Drive. The Administration is requesting that the attached Revocable Permit be executed to allow the construction of a handicap access ramp on City owned right of way on the south side of Fifteenth Street, abutting the applicants' property. ADMINISTRATION RBCOMMENDATION: The Administration recommends that the City Commission authorize the execution of the revocable permit in favor of Vera Mender and South Ocean Beach Properties Inc., for the construction of a handicap ramp as shown in Exhibit A. BACKGROUNDz In 1988, as part of the Ocean Drive street improvement project, the area of Fifteenth street between Ocean Drive and Collins Avenue was reconstructed with 5 feet wide landscaped area abutting private properties on the south side of 15th street. The Drake Condominium, which abuts this landscaped City Right of Way, has an access door with a concrete landing in this area. The applicant is requesting the use of a thirty feet long section within this five feet landscaped area, to construct a handicap access ramp to the condominium. ANALYSIS: Vera Mender and South Ocean Beach Properties Inc. shall be responsible for obtaining all the relevant permits for the construction of the ramp, and shall provide the proper insurance. The applicants shall also be responsible for the maintenance of this structure, and payment of an annual fee in the amount of $45, based on 150 square feet of use. CONCLUSION: The revocable permit for the use of a five feet by thirty feet long ~S section of the landscaped area north of the Drake condominium, should be approved. Vera Mender and South Ocean Beach Properties Inc. will assume all responsibility for the maintenance an~ liability of the handicap access ramp. AGENDA 0 _ 3-, ITEM ~ Attachments RMC/DR/vgk DATE G-/5 -Cfy .. REVOCABLE PERMIT (RESIDENTIAL PROPERTY) THIS AGREEMENT, made on this 22<day of ~ 1994 between the CITY OF MIAMI BEACH, (the City) and VERA MENDER and SOUTH OCEAN PROPERTIES, INC., (collectively the Permittee). WITNESSETH WHEREAS, the Permittee is the owner of property abutting the Demised Premises to the north; i.e., "The Drake Condominium", located at 1460 Ocean Drive, and legally described as Lots 1 and 2 West of Ocean Drive Extension, and Lots 3 and 4 less portion beginning Northwest corner lot 3, East 116 feet, Southerly 100 feet, Westerly 132 feet MIL, Northerly to Point of Beginning, Block 77, Fishers First Subdivision of Alton Beach, recorded in Plat Book 2 at page 77 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, for and in consideration of the restrictions and covenants herein contained, hereby permits the exclusive use of a City right-of-way, as described in Exhibit "A", attached hereto and incorporated herein, for the period of twenty (20) years commencing on July 1st. , 1994 (the Demised Premises). IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE P ARTI ES 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. 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 1 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 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 Demised Premises shall be made by the City. ARTICLE IV IN DEMN I FICA TION 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, 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 2 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 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 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 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 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. 3 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 Permittee and mailed or hand delivered to Vera Mender, 1460 Ocean Dri ve, Mi ami Beach, Florida, 33139; with copies to: Owen Freed, . Esquire, 150 Flagler Street, Suite 2200, Mi ami, Flori da 33130 , 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 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 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 Demised 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 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 so paid, the expenses incurred by the City in so doing shall become a lien upon the Permittee's abutting property 4 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 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. ATTEST: ~~~-~ City Clerk -.;.. RJNcnm R]Adsk 1 \a:\mender. rev PERMITTEE tf~c;.~ Vera Mender h Ocean Beach Properties, Inc., President Corporate Seal 5 ~ ~ ~ ~ a.. ~ ~ ~ ~ d ~ ~ ~ - ~ ~ - ~ - tIJ ..c - II) ~ -. = \C 'lI:I' ,..-4 '-'" t"- t"- ~ U S I = I I I l"'r'r") I 'l:t - 0 Ct) I I ~ I ~ , L 'c.J;!;' ;;; ;;; ;;; ;;;; ;;; ;;; ;;;0 ;;; ",. - 't anUO"SfllUo:J , L. (:"'.s < ~ (), ., C\l " ..w .. ..c .. ~ ~