Loading...
HomeMy WebLinkAboutR-91-0493J-91-159 3/6/91 RESOLUTION NO. 11 9 3, A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT TO ASSIGNMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE REVOCABLE PERMIT ISSUED TO BERNARD POITIER ON SEPTEMBER 22, 1987, FOR A STRIP OF LAND LOCATED IN MORNINGSIDE PARK. SAID ASSIGNMENT ENABLING BERNARD POITIER TO ASSIGN SAID REVOCABLE PERMIT TO MIGUEL BERMEJO. WHEREAS, the City of Miami issued a Revocable Permit to Bernard Poitier on September 22, 1987 for the use of a strip of land located in Morningside Park; and WHEREAS, the said Revocable Permit is expected to be in full force until its expiration on August 19, 1997; and WHEREAS, Bernard Poitier is desirous of selling his property, which is located adjacent to the area referred to in the Revocable Permit, to Miguel Bermejo; and WHEREAS, Miguel Bermejo has requested an Assignment of the Revocable Permit issued to Bernard Poitier; and WHEREAS, pursuant to Section 7 of the Revocable Permit dated September 22, 1987, Bernard Poitier is required to obtain the express written consent of the City Commission to assign the privilege of use granted by the Revocable Permit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. ATTACHMENTS CONTAINED CITY COM USSION MEETRIG OF _-,,. J U L 11 19% 91--- 4 9 3 ° ��uria� r. �. C� Section 2. The City Manager is hereby authorized to execute a Consent to Assignment,11 in substantially the attached form, for Bernard Poitier's Assignment of Revocable Permit to Miguel Bermejo. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this llth day of XAVI ATTES MA HIRAI CITY CLERK PREPARED AND APPROVED BY: RAFAE O./bIAf- CHIEF ASSISTANT CIT ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: j r� 4GE L. FE AN EZ ATTORNEY ROD:g-b--.M2082 July L./-ST4AREZ, , 1991. R The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 0 0 CITY OF MIAMI CONSENT TO ASSIGNME_N'r THIS CONSENT TO AN ASSIGNMENT entered into this day of , 1991, by and between BERNARD POITIER, as Assignor, and MIGUEL BERMEJO, as Assignee, and the CITY OF MIAMI, a municipal corporation organized and existing under the laws of the State of Florida, the owner of the public land upon which the Revocable Permit is being assigned, recites and provides as follows: RECITALS: Assignor desires to assign to Assignee all of his right, title and interest in and to that certain Revocable Permit dated September 22, 1987, which is valid for a period of ten years commencing on August 20, 1987, and terminating August 19, 1997, with the City of Miami, attached hereto as Exhibit "A" and the premises described therein, to Assignee, and Assignee desires to assume all of the Assignor's obligations and liabilities thereunder. AGREEMENT: NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt of which is hereby acknowledged, Assignor hereby assigns, transfers, sells and conveys unto Assignee all of his right, title and interest in and to the Revocable Permit and the premises and hereby irrevocably appoints Assignee to act in his name and take all legal steps which are proper or necessary in connection with the Revocable Permit. WITNESSES: ASSIGNOR: CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY I 9 ASSIGNEE: MIGUEL BERMEJO CONSENTED TO BY: THE CITY OF MIAMI, a Florida municipal corporation By: CESAR H. ODIO, City Manager Date: CAw19 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE F E a 2 7 1991 FILE of the City Commission SUBJECT Resolution Authorizing Consent for Assignment of Revocable Permit FROM : Cesar H. Odio REFERENCES . For City Commission City Manager Meeting of 3/14/91 ENCLOSURES It is respectfully recommended that Bernard Poitier be granted the consent requested in order to assign his Revocable Permit for the use of a strip of land located in Morningside Park to Miguel Bermejo. Additionally, it is recommended that the City Manager be allowed to execute a Consent to Assignment acceptable to the City Attorney. On September 22, 1987, the City of Miami entered into a Revocable Permit with Bernard Poitier permitting Mr. Poitier to use a 12'x 106.4' strip of land in Morningside Park. This permit will be valid through August 19, 1997 and may be extended for additional one year periods upon request of the permittee and subject to the approval of the City Manager. Mr. Poitier is selling his property, which is located adjacent to the area referred to in the Revocable Permit, to Michael Bermejo. Mr. Bermejo has requested an Assignment of the Revocable Permit issued to Mr. Poitier. Section 7 Assignment or Transfer of the permit between the City and Mr. Poitier requires written consent of the City Commission to assign the privilege of use granted by the Revocable Permit. The area will continue to be used by the Permittee at $100 per year for the purpose of fencing and maintaining the strip of City -owned land to protect the Permittee's property. cc: attachments 91-- 493 a LAW orricEs AMADOR & AMADOR, P.A. LEJEUNE CENTRE. SUITE 426 780 NORTHWEST LEJEUNE ROAD MIAMI, FLORIDA 3:3126-5539 ROLANDO A. AMADOR CARMEN G. AMADOR January 16 , 1991 Mr. Albert J. Armada Property and Lease Manager City of Miami 300 Biscayne Blvd. Way, Suite 400 Miami, Florida 33131 TELEPHONE (305) 441.1544 RE: Revocable Permit issued on 9/22/87 effective 8/20/87 through 8/19/97 for use of strip of land located in Morningside Park ASSIGNMENTS Dear Mr. Armada: This office represents Mr. Miguel Bermejo who has been assigned the captioned permit pursuant to the orginial Assignment whose copy is enclosed herein. We will greatly appreciate your kind offer of arranging to have this matter discussed at' the next available City Commission meeting. Our client is acquiring the property adjacent to the land referred to in the permit from the present permit -holder, Mr. Bernard Poitier. Thanking you for your kindness and courtesy, we remain, Sincerely, AMA R & AMADOR., P.A. Ro ando A. Amador RAA/em Enclosure �:��l JAN 24 MI PROPERTY & LEASE MANAGEMENT , The undersigned, BERNARD POITIER, holder of that certain revocable permit issued by the City of Miami on September 22, 1987, effective Augu'st 20, 1987 through August 19, 1997, in consideration of the amount of Ten Dollars ($10.00) and other good and valuable considerations, in my hands paid by MIGUEL BERMEJO, the receipt and sufficiency of which are hereby acknowledged, assigns and transfers said Revocable Permit to MIGUEL BERMEJO, but this Assignment is subject to the condition that the City Commission of the City of Miami consents in writing to this Assignment. IN WITNESS WHEREOF, I have set my hand and seal, in the City of Miami, this I L114h day of 1991. J lift;BERNAD POIT I -ER E: SWORN TO AND SUBSCRIBED before me by BERNARD POITIER, whom I r know, and who acknowledged before me that he executed the f � foregoing Assignment for the purposes therein expressed. Nota y Publi My Commission Expires: ATTEST: REVOCABLE PERMIT NO. -#/ ISSUED BY THE CITY OF MIAMI TO BERNARD POITIER (HEREINAFTER "PERMITTEE") FOR A STRIP OF LAND 12' X 106.4' LOCATED IN MORNINGSIDE PARK MIAMI, FLORIDA Issued this o?1Z day of X�' •.lam , 1987 erk APPROVE A TO FORM AND CORRE NE S: {city% Attor"y CITY OF MIAMI, a municipal Corporation•of the State of Florida r Lam/ City Manager INDEX 1. DESCRIPTION OF PREMISES 2. TIME 3. PURPOSE 4. FEE 5. 'LAWS APPLICABLE 6. UTILITIES 7. ASSIGNMENT OR TRANSFER 8. CONDITION OF PREMISES 9. ALTERATION BY PERMITTEE 10. MAINTENANCE 11. CITY'S RIGHT OF ENTRY 12. RISK OF LOSS 13. INDEMNIFICATION CLAUSE 14. INSURANCE 15. PEACEFUL SURRENDER 16. GENERAL CONDITIONS 17. ADVERTISING 18. NONDISCRIMINATION 19. VIOLATIONS 20. TAXES 21. INTEREST CONFERRED BY PERMIT 22. COURT COSTS AND ATTORNEYS FEES 23. ENTIRE AGREEMENT 24. AMENDMENTS EXHIBIT I PAGE 3 3 3 3 4 4 4 4 4 5 5 6 6 6 8 8 9 9 9 10 10 10 10 10 REVOCABLE PERMIT 1. DESCRIPTION OF PREMISES The City of Miami, (hereinafter referred to as CITY), hereby issues this Revocable Permit to Bernard Poitier, an individual, (hereinafter referred to as PERMITTEE), for the purpose and under the condition(s) hereinafter set forth, permitting said PERMITTEE the use of a strip of land 12' x 106.4' feet of Morningside Park, (the Premises) as shown on Exhibit I attached hereto and made a part hereof. 2. TIME This 'Revocable Permit shall be valid for a period of ten (10) years, commencing on the 20 day of August 1987, and terminating on the 19 day of August 1997, unless otherwise revoked as provided below. This Revocable Permit may be extended for additional one year periods upon request of PERMITTEE, submitted in writing at least one hundred twenty (120) days prior to the termination date, upon the approval of the City Manager or his designee. This Revocable Permit or any extensions and renewals thereof may, in addition to the termination which may result from or under the provisions of Section 19 hereof, also be terminated by the City Manager, with or without cause, by delivery of a written notice of revocation thirty (30) days prior to revocation. f 3. PURPOSE ' The Premises shall be used by the PERMITTEE for the purpose of fencing and maintaining a strip of City -owned land, to protect his property. Should the PERMITTEE cease to own his property, the Premises shall revert to the exclusive use of the CITY. PERMITTEE shall not change or modify such use without the e 9 i prior written consent of the City Manager. ) 4. FEE PERMITTEE shall pay for the use of the Premises a fee in the amount of one hundred ($100) dollars per year in advance, i' 9i-- 493 C; „8 beginning on the date of execution of this Permit, and on the first day of each anniversary year thereafter, for the period PERMITTEE uses the Premises. 5. LAWS APPLICABLE PERMITTEE accepts this Revocable Permit recognizing that all laws of the State of Florida, Ordinances of the City of Miami and Dade County, Florida, pertaining to the operation and maintenance of the Premises, including but not limited to building codes and zoning restrictions, are made a part of this Revocable Permit, and PERMITTEE agrees to abide therewith as the same presently exist and as they may be amended hereafter. 6. UTILITIES Unless otherwise provided herein, PERMITTEE shall provide all utilities, including but not limited to, electricity, water, gas, and sewage disposal. Trash and garbage removal shall be at the cost of PERMITTEE. 7. ASSIGNMENT OR TRANSFER Without the express written consent of the City Commission, PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this Revocable Permit. 8. CONDITION OF PREMISES PERMITTEE hereby accepts the Premises in its present condition and agrees to maintain it in the same condition, order and repair as it is in at this time, except for reasonable wear and tear. 9. ALTERATIONS BY PERMITTEE A. PERMITTEE may not make any alterations, additions, ' partitions or improvements ' in or to the Premises without the written consent of the City Manager or his designee, and the design of such proposed alterations, additions, partitions or improvements in or to the Premises shall be first submitted to the City Manager for approval. All additions, partitions, or improvements shall become the property of CITY and shall remain a part of the Premises at the expiration of this Revocable Permit 91- 493 �! -4- and any extensions or renewals hereof. The cost of renovation of the Premises as to alterations, additions, partitions or improvements shall be borne by and is the financial i responsibility of PERMITTEE. B. PERMITTEE shall have the right to remove any movable personal property or fixtures that it places on the Premises. All alterations, additions, partitions or improvements must be in conformance with the provisions of Section 5 hereof. If any part of the Premises is in any way damaged by the removal of such items as stated, in subsection A hereof, said damage shall be repaired by PERMITTEE at its sole cost and expense. Should PERMITTEE fail to repair any damage caused to the Premises ten (10) days after receipt of written notice from CITY directing the required repairs, CITY shall cause the Premises to be repaired at the sole cost and expense of PERMITTEE. PERMITTEE shall pay CITY the full cost of such repairs within ten (10) days of receipt of an invoice indicating the cost of such required repairs. Failure to pay such invoice shall be sufficient cause to revoke the Revocable Permit as provided in Section 19 below. Notwithstanding the above, CITY reserves the right to revoke this Revocable Permit for PERMITTEE's failure to repair the Premises as directed -without the necessity of CITY repairing the Premises. 10. MAINTENANCE PERMITTEE agrees to maintain the interior of the Premises in good order and repair at all times, and in an attractive, clean and sanitary condition during the period of this Revocable Permit or any extension or renewal hereof. 11. CITYJ*S RIGHT OF ENTRY CITY, or any of its properly designated agents, representatives, or employees, shall have the right to enter said Premises during all reasonable working hours, to examine and/or inspect the same. .9 -- 493 12. RISK OF LOSS PERMITTEE shall indemnify and save CITY harmless against all risk of loss, injury or damage of any kind or nature whatsoever to property now or hereafter placed on or within said Premises, and all risk of loss, injury or damage of any kind or nature whatsoever to the contents of such building or improvements made by PERMITTEE to the structure or structures, or to any goods, chattels, merchandise or to any other property that may now or hereafter be placed upon said Premises, whether belonging to PERMITTEE or others, whether said loss, injury or damage results from fire, hurricane, rising water or from any other cause or other contingency, and whether the same be caused by the claimed negligence of CITY or any of its employees, agents, or otherwise, and to keep CITY harmless from all claims and suits growing out of any such loss, injury or damage. 13. INDEMNIFICATION CLAUSE- PERMITTEE covenants and agrees that it shall indemnify, hold harmless, and defend CITY from and against any and all claims, suits, actions, damages or causes of action arising during the period of this Revocable Permit, and any extensions or renewals hereof, for any personal injury, loss of life or damage 'to property sustained in or on the Premises, by reason of or as a result of PERMITTEE's use or operations thereon, and from and against any orders, judgments, or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 14. INSURANCE PERMITTEE shall maintain throughout the period of this Revocable Permit, and any extensions or renewals hereof, the following insurance: A. General liability insurance on a comprehensive gd4eral liability coverage form, or its equivalent,. including Premises and operations and contractual liability,. with { 91-- 493 a combined single limit of at least $500,000 for bodily injury liability and property damage liability. City shall be an additional named insured on the policy or policies of insurance. B. The policy or policies of insurance required shall be so written that the policy or policies may not be cancelled or materially changed without thirty (30) days advance written notice to the City of Miami being delivered to the Insurance Manager, General Services Administration Department, 1390 NW 20 Street, Miami, Florida 33142. A current Certificate of Insurance showing the required coverage shall be supplied to the Property & Lease Management Division of CITY. Insurance policies required above shall be issued by companies authorized to do business under the laws of the state, with the following qualifications as to management and financial strength: The company must be rated no less than A as to management, and no less that class V as to financial strength, in accordance with the latest edition of Best's Key Rating Guide, published by Alfred M. Best Company, Inc., 75 Fulton Street, New York, New York. 15. PEACEFUL SURRENDER At the expiration of the Revocable Permit period, or any extensions and renewals hereof, PERMITTEE shall, without demand, quietly and peaceably relinquish, surrender and deliver up possession of the Premises in as good condition as it is now, except for normal wear and tear. Such relinquishment, surrender and delivery also being required, upon demand of the City. Manager, pursuant to the provisions of Section 19 hereof, or as provided in Section 2 or as may otherwise be directed by CITY. 16. GENERAL CONDITIONS All notices or other communications which shall or may be given pursuant to this Revocable Permit shall be in writing and shall be delivered by personal service, or by registered mail r. 91- 493 �� FTL` ,U4i iln�4F:bi?;k�'h'di+W`�i4+LKidh"+b'At f t .z&1 J addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI PERMITTEE City Manager Mr. Bernard Poitier Attn: Property & Lease Mgmt. c/o Poitier Funeral Home City of Miami 2300 N.V. 62 Street P. 0. Box 330708 Miami, Florida 33147 Miami, Florida 33233-0708 B. Title and paragraph headings are for convenient reference and are not a part of this Revocable Permit. C. In the event of conflict between the terms of this Revocable Permit and any terms or conditions contained in any attached documents, the terms in this Revocable Permit shall rule. D. No waiver or breach of. any provision of this Revocable Permit shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Revocable Permit be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Revocable Permit shall remain unmodified and in full force and effect. 17. ADVERTISING PERMITTEE shall not permit any signs or advertising matter to be placed either in the interior or upon the exterior of.. the Premises or grounds without having first obtained the approval of the City Manager or his designee. CITY reserves the right to _8T 91- 493 /_S erect or place upon the Premises an appropriate sign indicating CITY's having issued this Revocable Permit. 18. NONDISCRIMINATION PERMITTEE shall not discriminate against any persons on account of race, color, sex, religious creed, ancestry, national 4 origin, mental or physical handicap, in the use of the Premises and the improvements thereon. 19. VIOLATIONS If PERMITTEE in any manner violates the restrictions and conditions of this Revocable Permit, then, and in that event, after ten (10) days written notice given to PERMITTEE by the City Manager within which to cease such violation or to correct such deficiencies, and upon failure of PERMITTEE to so do after such written notice, this Revocable Permit shall be revoked automatically without the need for other or further action by CITY. 20. TAXES During the period of this Revocable Permit, PERMITTEE shall pay any and all taxes,of whatever nature lawfully levied upon or assessed against the Premises. 21. INTEREST CONFERRED BY PERMIT The provisions of this Revocable Permit do not constitute a lease and the rights of PERMITTEE hereunder are not those of a tenant. No leasehold interest in the Premises is conferred upon PERMITTEE under the provisions hereof. 22. COURT COSTS AND ATTORNEYS FEES In the event that it becomes necessary for CITY to institute legal proceedings to enforce the provisions of this Revocable Permit, PERMITTEE agrees to pay CITY's court costs and attorney's fees. 23. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and'only Agreement of the parties hereto and correctly set forth the 493 -9- l 0 rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 24. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, PERMITTEE has hereunto caused this Revocable Permit to be applied for and has executed the following by its duly authorized officers, as of this tAZ) day of %� .t�u,a�• , 1987. APPROVED AS T0, rC REQU ENTS: 'el �7-0 Insurance Manager PERMITTEE: Bernard Poitier, an individual By Zfi�t<C.l.�E-L� (Seal) Presid nt 21LI� Notary Public NOTARY PUBLIC STATE fir FLORIDA NY CaFnISSIOU EXP. AFd. 411V c $OWED THRY SEKAAL ILS. IiNo. 9i-- 493 13 This 9mPar'. . i •TRACT A. VC'DMIEL SU50 VISIOCt, Plat thereof as recordrw is _ according to the. l # of Plat !look 69. Page S of the Public Record that portion of - _� 1.�•. -_"- =fir' _ _-�r1 •- -.:"�. Dade Cautty. Florida,. an , according to• the Plat A of SA':' P01:2r, fil -_---� _:.::c� Tract page thereof, as recordr.! in e Book Y. Florida' of the Public Recoil of Dade Co�alt 119 feet �,;�• ; South and adjacent to the ussc lying of said Tract A of MC DA2:IEL SUt}DIVISI2ttM T 1 `,ll, •etl � • i{ _. i_..._—" ._....�- I�- .� . / • _ . - Cj fir. !_..�+.._ IP 0114cwtall Of lab .1 .. � _ ./.. .... ... try Oi . • @aU.td<IpMt• _ 690 HE 50ch Terrace, rila�+Y, i rina. ..r.r 1 1.41..E c.ttify tMet lM• IAµME1 .w• r.ARCIA. INC. .t/KwM %&.ttw I.fr.,.wlt a qc.M .urv.y woe0 wM.r Oot•LAttD .t1{.INt.E wy ♦Ir.:llow, .M 1s few- tNGtkitt{S-LAND EUItVty .wE cwr.ct to tlw O..t of .M two ewsr..q ro .w-- cr..trwwwt. ow +.1� r..ww.+twd..litaE Mod• ! •lw.._Y --- N uww4 w.t. ow. �t,.wr• rw r i...q. : ,or wo.4249 s pMNN pw12 scw►t _ j ir. No , twq.w.r MIAM.1 60 0 rS - 1 60 DADE CO. VOI- 3 I vNk �n a �W j > 1 an 9c �T3S eys no 4 '"1rt+-� 'f� �3AYFRv^P PAR 60-7.3 o� 11 �p 5ti i u :s STD ' h9O�R1�lllVt�SV , 3 + ,,u4 ,o,•n J. Tr. A T1�\ pf 42 l 7..75 �rLIO j], f]1., B zo i Z4 Z 211 �� r!o 2 7i� e I t y B - ii�18 FII ! +,0 µ 5° a te, ,t 7,.s TJS rn - ='-` v R N t N S'J D E x /� .. !260� e2 B 75 S 5 31 'S 6`' f E ft'' "s' to — _f t , . ' s 1, " 355 h5 ti- 20 2 3 '° ,� s p /� y [� (�) (' PARK 157`' ESN 0 � 65 1 �y 6Kok 4s of 5IP 11 � ,1' 6� c } �� h + .. / Ti5 � i 69 +5 4 R !i i � � V 1 •n"R 7 Y5 eAY MORE Lf ' 1 �+ F ! t—lJd�N.CH. is r, � c v;ss 656 5U ^9 4� 6y� gg C9 559 is T o ,` n.f Vd •• r-^ f i ' � , 4B 94 1 1' ` 4 ,77J. �1 NORTH 6-z i BAY4\POINT50 as 4b1! ti �� 6� i.•y �� BB /� B i'r o ,t� u N W 0(, ✓..,. t a 4[9 ,1r ! LAKE yC A;.y�'� �Q S' od ,•rs e wry. S5- k R 1 `t� yam,..+-�+,,.�..,,.�-......-- - � � • . DADE CO. VOI.: 50 77L-5100 Li 3 5' 7 .5 ST�� 6��9 69� h 1 1 GS/D 1 ' BQYFRONT 9r MGRNIN 41 7j 1 7?73. o ,1 / r A t %, of 4 Z �►-�-j i !l I fJ�TTV�o 1 I C'lt y ., 70 3 - ; E5 o T E R" �5�o Go - — - `M p R N I N GSIDE , •, 735 73 n7�1 �E� e BAYFRONT 1 6, 1 tie 9492 FL ,a 0 30 R D. 0 10 g`a 49 49 1-� 3 4c f 9 n'y NORTH W rY' - ' CC " 6 ml 'J1 yl �9l W7 rj 0/ 7.6 �9 T9 \ ql 8v BU�7'nNWd'OD„, A �{ A �sso 12� �rG� 12 o i60 �� N� .vim ♦ �O ^� ,�\ ` ` \ V ♦ i �' ``�� yy�p / 9.