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HomeMy WebLinkAboutR-88-1089,I-88-1121 11/1.7/88 RESOLUTION NO. q8-10KI A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY'S ISSUANCE OF A REVOCABLE PERMIT, IN SUBSTANTIALLY THE FORM ATTACHED, TO ZAMINCO FREEDOM TOWER, INC. ("PERMITTEF"), FOR A TEMPORARY LIGHTING STRUCTIIRE TO ILLUMINATE THE FREEDOM TOWER IN THE CITY OF MIAMI; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH REVOCABLE PERMIT AND AUTHORIZING ITS REVOCATION BY THE CITY MANAGER OR BY THE CITY COMMISSION. WHEREAS, Zaminco Freedom Tower, Inc. ("Permittee"), is currently rehabilitating, restoring and renovating the Freedom Tower in the City of Miami, a landmark building closely associated with the City's historical, cultural, aesthetic and architectural heritage; and WHEREAS, the grand opening of the Freedom Tower to the public is imminent, and the building's significant architectural and historic features will be enhanced by artifical illumination primarily during the evening hours; and WHEREAS, the illumination of this building will enhance the Freedom Tower and provide greater visibility for this restored building to all the people of the City of Miami; and WHEREAS, the Permittee has acknowledged that the City will issue a Revocable Permit to allow Freedom Tower lighting to become one of the participating facilities in the Light -Up Miami Program, pursuant to the provisions contained in the Revocable Permit, in substantially the attached form; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals contained in the preamble to this Resolution are hereby approved, confirmed and adopted by reference thereto and incorporated herein as if fully set forth in this Section. j CITY COMMISSION MEETING OF NOV 117 1988 RESOLUTION Nu.98-10 REMARKS i 6 4 Section 2. The City's issuance of a Revocable Permit is hereby authorized to Zaminco Freedom Tower, Inc., in order to allow the installation of a temporary lighting structure for lights and electrical appurtenances in conjunction with the "Light -Up Miami" Program relative to the opening of the Freedom Tower. Section 3.The City Manager is hereby authorized to issue such Revocable Permit. Said Permit may be revoked by the City Manager or by the City Commission. Section 4.This Revocable Permit is not for permanent lighting on this site but is only an interim authorization. Section 5. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 17th day of November ATTES MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: RAFAtL E. SUARE -RIVAS ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO GE FE NANDEZ CITY ATTORN Y RSR:yv:bss:M854 •:: -2 - 88--10R41 0 0 REVOCARIX PERMIT THIS REVOCABLE PERMIT iG granted this day of 1988 by ThP City (,f mi3mi, Florida, a municipal corpo- ration of the State of F, )rid, , in the County of Dade (the "City"), to Zaminco Freedom Tower, Inc. a Florida corporation, whose address i s (,-l0tbi Fic-)l ) y,,-ond Blvd. , Suite 200, Hol lywood, Florida 33024 ("Permittee"). R E C I T A L S WfiEREAS, the City i:; the fee simple owner of certain real property lying and situate in the City of Miami, Dade County, Florida (the "City's Property") and more particularly described as Parcel A on Exhibit "A". WHEREAS, Permittee is the owner in fee simple of that certain real property lying and situate in the City of Miami, Dade County, Florida (the "Permittee's Property") and more pa r- ticularly described as: Lot 7, less the West 10 feet thereof and all of Lots 8 thru 14, inclusive, Block 60, SUB- DIVISION OF SOUTH HALF OF BLOCKS 59 AND 60 IN THE CITY OF MIAMI, FLORIDA, according to the Plat thereof as recorded in Plat Book 1, Page 185 of the Public Records of Dade County, Florida; WHEREAS, Permittee is presently renovating and restor- ing a City of Miami Historical landmark, located on the Permittee's Property, which landmark is known as the "Freedom Tower"; WHEREAS, Permittee has been asked to participate and comply with the program promoted by the City and others, known as "Light -up Miami", to enhance the physical appearance of Downtown Miami and in order to participate, Permittee must construct and maintain a temporary structure containing lights and electrical appurtenances (the "Improvements") under, on, and encroaching over that portion of the City's Property as more particularly described as Parcel B on Exhibit "A" attached to and made a part of this Revocable Permit (the "Permitted Property") for the pur- pose of illuminating the Freedom Tower. WHEREAS, the City has required the execution of the Revocable Permit as a condition precedent to the granting of per- mission to Permittee to construct and maintain the interim Improvements under and on the Permitted Property and encroaching over and under the City's Property; NOW, THEREFORE, by virtue of Permittee participating in the Light -up Miami program and undertaking to renovate and restore the Freedom Tower the City hereby grants this Revocable Permit to allow the interim placement, construction and mainte- nance of the Improvements on, under and over the City's Property upon the following terms and conditions: 1. Permittee is hereby permitted to install and main- tain the Improvements on and encroaching over and under the City's Property provided Permittee installs the Improvements in accordance with applicable building, technical and zoning codes, rules, regulations, ordinances and laws of the City, the County of Dade, Florida and the State of Florida. 2. (a) In the event Permittee, its successors ,or assigns, fails to maintain the Improvements properly so that, in the sole discretion of the City's Director of the Department of Public Works, the Improvements become a hazard to the health, welfare and safety of the general public, the City shall give Permittee notice of such failure via telephone or hand delivery. 98_108!1 (1) If Pernlittre ii,,,en pursuant to Sec- t i on ( 2) ! a ► hat t he I mhrovrnie11 are i n an UTI .,Of (I or ianoProus cond l t l on r" t hat t he I ioprn'. anent havP (-auscd t he i I t y' s Pr(,p- erty in the immediate vi cirri t y of t 11e Impr,)VrmPnt F- to lie i:I an unsafe or (Ianuer,)rrs cr,ndi f 11 he Fermi t tee, upon re�eivin�� notice from 'he (-ity shall w41th24 tale such actions as are necessary in 01'Jc y to t (-Inpc)I ari ]y a i I(,viat_e !7�irclh unsaf e cr dangerous condition as n�,?y r-xi:.t and s'iall, within 20 day: of receipt Of such n­1L ice,-lithr,r ( l ) r0SIL' orP Fl(? ii?'provPmer't. to a safe condition satisfactory to the City car ( i 1 ) remove those Improvements which arc: not in a safe C-oildItion satisfa%-try t�r the City and restore, if necessary, the City's Property whi:h was damaged by the removed Improvements to the condition of t-he City's Property on the date proceeding the date of this Agree- ment. The restoration or removal shall be at no cost or expense to the City. 3. In the event Permittee, its successors or assigns, fails to either restore the Improvements to a safe condition sat- isfactory to City or remove the Improvement:-- and restore the City's Property within the specified time, as set forth in Sec- tion (2), the City may contract for such restoration or removal and cancel this Revocable Permit. The amount of such restoration or removal costs shall be declared and established as a lien against the Permittee's Property, enforceable as any lien pro- vided for under the statutes of the State of Florida. 4. (a) All recourse against the City is hereby expressly waived as to any damage caused, consequential or other- wise, to any portion, in whole or in part, of the remainder of the Improvements, resulting from the removal of a part of the Improvements on and above the Permitted Property and encroaching over the City's Property pursuant to Sections 2 and 3. (b) All recourse against the City is hereby expressly waived in the event that this Revocable Permit is chal- lenged and subsequently held to be invalid by a court of compe- tent jurisdiction. 5. Permittee shall indemnify, defend, and hold harm- less the City from any claims, demands, liabilities, losses or causes of action of any nature whatsoever arising out of the use, construction, maintenance and/or removal by Permittee of the Improvements and from and against any orders, judgments or - decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense _ of such claim, or in the investigation thereof. 6. Permittee shall carry a comprehensive general lia- bility policy of insurance of at least $1,000,000 combined single limit for bodily injury and property damage (the "Policy"). Such insurance may be obtained by Permittee by endorsement on its blanket insurance policies or such other policies; provided that such blanket policies satisfy the requirements herein and the amount allocable to the Permitted Property is not less than the amount required under this Section 6. The Policy shall be pro- cured and premiums paid by the Permittee. The effective date of the Policy and all renewals thereof shall remain in effect for the term of this Revocable Permit. The insurance carrier for the Policy must be approved by the Insurance Manager of the City, Suite 1100, AmeriFirst Building, Miami, Florida 33131. The City shall be named as an additional insured under the Policy. Prior to the issuance by the City of any further permits relating to the installation of the Improvements, the Permittee shall provide the City with satisfactory proof of insurance. A Certificate of Insurance naming the City as an additional insured shall in no way relieve the Permittee of the obligation to add the City as an additional insured to the Policy. The Policy shall provide that I the City be given at least ten days advance written notice of any -2- 88710K) material changrs, eanreIIatiozi or non -renewal notifications of the Policy, and in -vent (-)f such m,-)terial change, canurllat ion or - non -renewal notificItion,PermiItPe shall immediately replace the Poii, y with another poI icy sent isfactory to the City and provide to the City a certif - -ate of insurance for the substitute holicy as least. t en days pr i or t () the of f f­ t i ve dat.e of the terminal, ion of the Pol iry. if t l)e City 'ia�, not received sat isfactory evi- dence of the insurance requirci by this Section 6, then the City shall have the right to set-ur-e innnediately a similar insurance policy in its own name with thc total cost of the premium Inc] all future premiums that may 1 ecor dur, during the term of this Revo- cable Permit being charged to I'er ari t tee, and the City shall have the right to declare and estar,l ish the costs of the insurance a:; a lien on the Permittee's Property enforceable as any lien pro- vided for under the statutes rif the State of Florida. Permittee shall increase from time to tlr,,e the limits of the Policy to such reasonable amount as may be requested, in writing, by the City. 7. So long as any of the Improvements remain on and above the Permitted Property and encroaching over and under the - City's Property. This Revocable Permit shall be binding upon Permittee and also upon the successors in interest or assigns of the Permittee, and shall be a condition implied in all convey- _ ances and other instruments affecting the title to the City's Property and the Permittee's Property or any portion thereof. Permittee shall be solely responsible for the continued installa- tion of the Improvements and nothing contained herein shall be construed to obligate Permittee to keep the Improvements installed. If, however, the Improvements are removed and the remaining portion of the Permitted Property which was used by the removed Improvements is restored (in accordance with Section _ 2(b)), then this Revocable Permit shall terminate, be of no fur- _ ther force and effect, and Permittee shall be released in writing from and relieved of its obligations hereunder. Upon written notice from Permittee that the Improvements have been removed, the Director of the City Public Works Department is hereby directed to confirm that such removal has occurred and is further directed to execute a written document terminating this Revocable Permit within 15 days of such notice by Permittee. 8. Unless otherwise specified herein, any notice, request, demand, approval or consent given or required to be given under this Revocable Permit shall be in writing and shall be deemed as having been given when mailed by United States reg- istered or certified mail (return receipt requested), postage prepaid, at the addresses stated below or at the last changed address given, as hereinafter specified: Permittee: Zaminco Freedom Tower, Inc. 6067 Hollywood Blvd. Suite 200 Hollywood, Florida 33024 Attn: Zahid Ramlawi, Vice President with copies to: Sara B. Herald, Esq. Fine Jacobson Schwartz Nash Block & England, P.A. One CenTrust Financial Center 100 S.E. 2nd Street Miami, Florida 33131 City: City Manager The City of Miami P.O. Box 330708 Miami, Florida 33133 -3- fi- with copies to: Director of Public Works The City of Hiami 275 N.W. Second Street Miami, Florida 33128 City Attorney Suite 1100 One S.E. Third Avenue Miami, FL 33131 9. Permittee shall be responsible for providing and paving for all utilities required or necessary in connection with the Improvements. 10. Permittee shall not cause this Revocable Permit to be recorded in the public records of Dade County, Florida, or in the public records of any other- government agency. ATTEST: "'MATTY HIRA1 City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Insuran anager fittcf ted Ay: )A ./AssistoKt Secretary STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI, a municipal corporation of the State of Florida By: _ CESAR H. ODIO City Manager APPROVED AS TO FORM AND CORRECTNESF* JO GE E DEZ City Attor ey PERMITTEE: ZAMINCO FREEDOM TOWER, INC., a Florida corporation By: WI Trice -President The foregoing instrument was acknowledged before me this day of November, 1988 by and as the and respectively, of The City of Miami, Florida, a State of Florida municipal corporation on behalf of said corporation. My commission expires: Notary Public State of Florida at Large -4- 88-10sil STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this _ day of November, 1988 by 7.ahid Ramlawi and Nasim Rahmall, the Vice President and Assistant secretary, respectively nt Zaminco Freedom Tower, Inc., a Florida corporation on behalf of said corporation. Notary Public State of Florida at Large My commission a*pires: WARY PJBLIC STATE CF FLCATCA !1 COM15E10A EXP. DPC. 7.1901 184RL0384C a:e:Eo 141(U GENERAL 143. UNDO -5- 88-108.4 _�"'J •�((�jy};u�!$1Yf•.f � I �- I' r. �QiY'- r ,.{ � ��� _ w. � ( � • r � r�' � � f--r'r-�. .. �'������� � '1 p � 1, � TYZ,..,, � .+� � �! f, 2� - \1 .�` ���. �� .sr.+.■ G'2 0v 'W `. - -$; •' ` - - - _ ., tom►` �".. - st.-IS" x_ C'�•/_ � i Const. / �-�yP�lpa_`-_ ?ri�04Pipe - /�4'S L� •`I�S ✓ _ - -` L_iJA�11;- `..SIStG Remove _;-move Exlst. Pipe' 1 _ .------L----- ---1 :~-_--=="=_ _ M.K.- -- --,,,' S-!7 _ 5G�0 — / i-----�--- - P = - - - - - - - - - �' i/J: 12 Wx; mi 1 Ny►. '8r (� : ufJ -AYNEOti�"BLVD. 7 1 t - -•---— r CUT q 5IAJ -46 � Sld&w Cow Crt � • .J - f9 7/ r Sod '� - ' 1.» a 09 SS R/w 75'R v Co r ter begin ` f'ar- Q' . �` - �•' `r iCp�r "� Sic <; t.CLw l . 4 TO Cesar Odio City Manager FROM Rosario Kennedy Vice -Mayor Lb ox, CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM DATE November 10, 1988 FILE- SUB.IELF Freedom Tower Lighting REFERENCES ENCLOSURES Please be advised that. I intend to bring up the above referenced item at our November 17, 1988 Meeting. This item was not included in the regular City Commission agenda, and concerns the request of Zaminco Freedom Tower, Inc. to place lighting across the street from the Freedom Tower in time for the grand opening which is tentatively scheduled for November 21, 1988, To the extent allowed by law, which our City Attorney's office is researching, 'Zaminco Freedom Tower, Inc. could receive a revocable permit for installation of these lights. Thank you. CC, Mayor & Commissioners 88--1099