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HomeMy WebLinkAboutR-87-0333ri J-87-373 4/9/98 RESOLUTION NO. 87-3 3 - A RESOLUTION APPROVING AND ACCEPTING A REVOCABLE PERMIT AND COVENANT PERTAINING TO A LIGHTING STRUCTURE TO BE ERECTED ENCROACHING INTO THE RIGHT-OF-WAY ON THE WESTERLY SIDE OF SOUTHEAST 1ST AVENUE. (CENTRUST TOWER) WHEREAS, the Covenantor has requested that the City issue a Revocable Permit permitting Covenantor to erect a lighting platform which will extend into the City's right-of-way on the westerly side of Southeast 1st Avenue between Southeast 2nd Street and Southeast 3rd Street; and WHEREAS, Covenantor has proffered to the City certain covenants which protect the City from liability as a result of the erection of the lighting platform; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Revocable Permit and Covenant to Run With the Leasehold Interest, a copy of which is attached hereto and made a part hereof, is hereby accepted by the City. Section 2. The Director of the Department of Public Works is hereby authorized to execute the Revocable Permit and Covenant on behalf of the City. Section 3. This approval is subject to the acceptance of a voluntary dedication to the City, acceptable to the City Manager. PASSED AND ADOPTED this 9th day of A ril 1987. ATTEST: XAVIER L. SUA , MAYOR Jr�Ar Ca6f�J TTY 91RAI, CITY —CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY RFC:bss:rcl:M404 CORRE TNESS: Z_kait,(K UCIA A. DOUGHERTY CITY ATTORNEY - 'a TWO OF APR 9 07 �.137r33 REVOCABLE PERMIT AND COVENANT TO RUN WITH THE LEASEHOLD INTEREST This Revocable Permit and Covenant to Run With the Leasehold Interest ("Revocable Permit"), made and entered into this day of , A.D., 1987, by and between C.P. Tower, Ltd., a Florida limited partnership, (the "Covenantor"), and the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Dade, (the "City"). WHEREAS, Covenantor is the lessee under a lease with the City dated July 1, 1980 for certain air rights above the City's Parking Garage together appurtenances for construction Tower (the "Tower Lease"); and with other areas, easements and and operation of the CenTrust WHEREAS, the Tower Lease pertains to the air rights above, the City -owned Parking Garage located on a certain parcel of land known as Tract "A" of World Trade Center, according to the Plat thereof, as recorded in Plat Book 115, at Page 41 of the Public Records of Dade County, Florida (the "Property"); and WHEREAS, Covenantor, wants to construct and maintain a metal platform containing lights and electrical appurtenances (the "Improvements") above and encroaching over the dedicated public right-of-way on the Westerly side of Southeast First Avenue immediately opposite the Property (the "Right -Of -Way"). The Improvements are shown and described in plans and specifications dated May 2, 1986 and July 17, 1986 (the "Plans"). The Plans are attached hereto as Exhibit 1 which is incorporated herein and made a part hereof; and WHEREAS the Covenantor is the permitee under an undated permit (the "Permit Agreement") Exhibit 2, under which the Covenantor is permitted to erect the Improvements on property owned by Metropolitan Dade County, beneath the Downtown Peoplemover guideway, along Southeast First Avenue (the "Metrorail Property"); and WHEREAS, Southeast First Avenue adjacent to the Property is under the jurisdiction of the City; and WHEREAS, City has required the execution of this Revocable Permit as a condition precedent to the granting of permission to Covenantor to construct and maintain the Improvements above and encroaching over the Right -Of -Way. NOW, THEREFORE, in consideration of the express grant by the City of permission to allow the construction and maintenance of the Improvements above and encroaching over the Right -Of -Way, subject to the terms and conditions set forth hereinbelow, ten dollars, receipt of which is hereby acknowledged, and in further consideration of these premises, Covenantor does hereby covenant and agree with City as follows: (1) The foregoing recitals are true and correct and are made a part hereof. (2) (a) Covenantor is hereby permitted to install and maintain the Improvements above and encroaching over the Right -Of -Way provided Covenantor installs the Improvements in accordance with (i) the Plans which shall be signed and sealed by certified structural and electrical engineers licensed to practice in the State of Florida and which are subject to approval by the City; and (ii) applicable building and zoning codes, rules, regulations, ordinances and laws of the City, Dade County, Florida and the State of Florida. (b) Unless terminated pursuant to paragraphs (4) or (8), this Revocable Permit shall remain in effect so long as the Permit Agreement, or any successors to the Permit Agreement, including a long-term lease for the Metrorail Property, between Metropolitan Dade County and the Covenantor, its successors or assigns, are in effect. (3) (a) in the event Covenantor, 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, City shall give Covenantor notice of such failure via telephone or hand delivery, with copies to all mortgagees who have given written notice of their lien to the City. (b) If the Covenantor is given notice pursuant to paragraph (3)(a) that the Improvements are in an unsafe or dangerous condition or that the Improvements have caused the Right -Of -Way in the immediate vicinity of the Improvements to be in an unsafe or dangerous condition, Covenantor, upon receiving notice from the City shall within 24 hours take such actions as are necessary in order to temporarily alleviate such unsafe or dangerous condition as may exist, and shall, within 20 days of receipt of such notice, either (i) restore the Improvements to a safe condition satisfactory to the City or (ii) remove those Improvements which are not in a safe condition satisfactory to the City and restore, if necessary, the Right -Of -Way which was damaged by the removed Improvements to a condition compatible with the condition of the remaining portion of the right-of-way on the date of such removal. The restoration or removal shall be at no cost or expense to the City. (4) In the event Covenantor, its successors or assigns, fails to either restore the Improvements to a safe condition satisfactory to City or remove the Improvements and restore the Right -Of -Way within the specified time, as set forth in Paragraph (3), City may contract for such restoration or removal and cancel this Revocable Permit. The amount of such restoration or removal colts shall be declared and established as a lien against tr-: Tower Lease, enforceable as any lien provided for under :`e statutes of the State of Florida. (5) (a) Covenantor covenants and agrees' that all recourse against City is hereby expressly waived as to any damage caused, consequential or otherwise, to any portion, in whole or in part, of the remainder of the Improvements, resulting from the removal of a part of the Improvements above and encroaching over the Right -Of -Way pursuant to Paragraphs (3) and (4). (b) Covenantor further covenants and agrees that all recourse against the City is hereby expressly waived in the event that this Revocable Permit is challenged and subsequently held, by a court of competent jurisdiction, to be invalid. (6) Covenantor shall indemnify, defend, and hold harmless 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 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. (7) Covenantor shall carry a comprehensive general liability policy of insurance of at least $1,000,000 combined -2-"�"�+ single limit for bodily injury and property damage (the "Policy"). The Policy shall be procured and premiums paid by Covenantor. 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. 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, Covenantor 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 Covenantor of the obligation to add City as an Additional Insured to the Policy. The Policy shall provide that City be given at least ten days advance written notice of any material changes, cancellation or non -renewal notifications of the Policy, and in event of such material change, cancellation or non -renewal notification, Covenantor shall immediately replace the Policy with another policy satisfactory to the City and provide to the City a certificate of insurance for the substitute policy at least ten days prior to the effective date of the termination of the Policy. If the City has not received satisfactory evidence of the insurance required by this Paragraph, then City shall have the right to secure immediately a similar insurance policy in its own name with the total cost of the premium and all future premiums that may become due during the term of this Revocable Permit being charged to Covenantor, and City shall have the right to declare and establish the costs of the insurance as a lien on the Tower Lease enforceable as any lien provided for under the statutes of the State of Florida. Covenantor agrees to increase from time to time the limits of the Policy to such reasonable amount as may be requested, in writing, by the City. (8) So long as any of the Improvements remain above and encroaching over the Right -Of -Way it is expressly understood and agreed that this Revocable Permit shall be binding upon Covenantor and also upon the successors in interest or assigns of Covenantor, and shall be a condition implied in all conveyances and other instruments affecting the title to the Tower Lease or any portion thereof. If, however, the Improvements are removed and the remaining portion of the Right -Of -Way which was used by the removed Improvements is restored to a condition compatible with the condition of the remaining portion of the right-of-way on the date of such removal, then this Revocable Permit shall terminate, be of no further force and effect, and Covenantor shall be released in writing from and relieved of its obligations hereunder. Upon written notice from Covenantor 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. (9) 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 registered or certified mail (return receipt requested), postage prepaid, to the other parties at the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: Covenantor: C.P. Tower, Ltd. c/o CenTrust Realty and Construction Company, General Partner, Attn: David L. 101 East Flagler Miami, Florida Paul, President Street 33131 -3- A with a copy to: Bernard Jacobson Fine Jacobson Schwartz Nash Block & England, P.A. 2401 Douglas Road Miami, FL 33145 City: City Manager The City Of Miami P.O. Box 330708 Miami, Florida 33133 and Director of Public Works The City Of Miami 275 N.W. Second Street Miami, Florida 33128 10. Covenantor shall be responsible for providing and paying for all utilities required or necessary in connection with the Improvements. IN WITNESS WHEREOF, Covenantor has caused these presents to be executed by the Vice President of its corporate general partner, thereunder duly authorized, the day and year first above set forth. C.P. Tower, Ltd., a Florida limited partnership By: CenTrust Realty and Construction Company, a Florida corporation, General Partner Maureen C. Lewis 101' E. Flagler St., Miami 33131 Witness Print Name & Address 4ZL econd Witness Yolanda Fernandez If 101 E. Flagler St., Miami, FL 33131 Witness Print Name & Address a s STATE OF FLORIDA ) ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day of January A.D., 1987, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, Alfred J. Tarabouri, as Vice -President of CenTrust Realty and Construction Company, a Florida corporation, as General Partner of C.P. Tower, Ltd., a Florida limited partnership, to me known to be the person who signed the foregoing instrument and acknowledged the execution thereof to be the free act and deed of such individual as President of the corporate general partner of the said limited partnership for the purposes therein described. WITNESS my hand and official seal this day of January, 1987. Notary Public, State of Florida My Commission Expires: Approved As to Form and Correctness: LUCIA A. DOUGHERTY DON, City Attorney Dir Approved As to Insurance Requirements: Insurance Manager 1185E 040887/9/sr 11276.0015 -5- -„r. M.,.•. n..r.,y,Wi/O•r___...__._. _.._.__......... .___.�._. TRUGLIO joeC rl�ST_7W67Z FLaopLi CONSULTING ENGINEERS, INC. a WEsr AMC �B ~ A>�OrE/L Arp 4557 Ponce De Leon Blvd. - pY, CORAL GABLES, FLORIOA 33146 CALCULATEDBy ffideh DATE /7 JaL (305) 667.1739 ✓, A• o A /7 ✓uL CHECKED BY ♦ DATE _ REV- 2/ ./ky R6 %/=o~ SHT. u! / of SCALE _ _ ll propLE MOVER ✓--H. V'014"0609 "CW�tsraWA/ r*-6zpv- - SUPPORT P/ER «GN/...� _M•/2 -Ct1.• SiP2- 2�o NAs < , a /� W. MN FLoorOL/Sbn ( ° - °� �.� 40o W. MN NA/?ROW ,BRIM �, /V, s/9�f�CDI srbwl�, r - '• o- . � a !� � FLaep L/GNr w/CoNcENnP�G LovrER, �rcN//-Iaav- M-I2 - sP2-Z�4o: • All < i - ! -c MokAl j' oW St/PF2 oN�BT � ELEC. EQo�A. �Al w /FKTex HOLDER SHIED PRoV/OB (I) A MM COMPil rBWP owlAwr G caves S MW FIL 7rR �CAL3r• < .� D r COL. Plane. —N SEE RAZZ sp PL-A N t z I E06E of ' I Cu e e /3Ezew FR4 VAULT /N SIDEWALK AFLOW ALUM. PLArFoXM a suppoer Sre vruaa SEE C-/I Iowa. 3-/ /oo A- 4Psgs Arno 3R, No / 0540 MAIAI SW. ON CoL. ,ELEerR/G mers2 OWN AS /Puss/,BLE) 4'2 - 2'rR.C. '.-PIZC-CAST COX. 1:We TYPICAL szcr/od a o' im a maew 8`7-3 3, i �- TRUGLIO CONSULTING ENGINEERS, INC. 4557 Ponce De Leon Blvd. CORAL (ABLES66L i739A 33146 REV. 21 JULY 86 4,PSN 30 ¢Nl2-YV F&M L)ME s1oE SW \ r \- WP DvplXX R&AR ¢PA o �o I&//loeit. -4&V• Sd KVA ca y rrn� XFe. i JOB C6NTRU5 % 7b WER FLooOL/GNl'IAJG aer-wBsnS/rDrE__P�A� MoVQ/L I olli�TFiRM ✓Oc S/lines_ DATE 17 ✓dtr 61G CALCULATED BY !7 ✓Ay as J A Tlwq�/o P. �• GATE _ CHECKED BY • • r- • SCALE irVC -- TIME COOS WlAsrao DIAL J40,41W RESL/CV6 60 A - SP Gco V- "C-4- NELD CoN TACTO2 -/?-0 V- CC/L SX 8 i -li-63)2 ao coMvar To p�.ATFdgM 2'0/0 - /Z" — 7o- To 6 LTs. oao w. ,�A• 2�/Z To 4w w• FLA6R�LCr pzmD• LT. oN RA/LING 620 ¢"2-2%" Ac. Wp GALVANIZIiD CO NBT (N -%W- - wlAywD- l3AG�-APD 7b NoUS� ALG ,ELiG. �CIKIN6 pow&ir Dams 0 PROV) s/om r-ok Awl-4 /oo A - 4PSAI ND d9f4*4 9R FusE» MAIN SW- (W11WIL"K I . O METES oN svppoor COLUMN TF¢M/NATE iN FPL SIAEwAtk VAULT CLAD 6AP. Roo AS A/AMTCA F°/L / plzo a ✓• , 34* 4 w SEAV14C rLECTR/CAL Rl SEje D/A6RAM _,�_ --01 - t t 1 385 374 8492 '04r89 98e43 982 PERMIT AGREEMENT The PeMittee, C. P. TOitER, LTD., a Florida Limited Partnership, hereby agrees to the following conditions, should approval be granted for the construction and maintenance of lighting fixtures as defined herein and exhibits attached hereto. 1. The Permittee agrees to confine all activities to the area ("the Property") described in Composite Exhibit 1, attached hereto and made a part hereof as if fully set forth herein. 2. The Permittee agrees to pay County the sum of $100.00 for use of the Property as described herein for a period of one year, plus any sales and/or rent taxes that may be applicable, commencing on the Mijy, day of=,j e. , 1987. 3. For the purpose of reflectin tight off the CenTrust Tower, the County authorises Permittee to erect, in accordance with its detailed plans and specifications, the lighting equipment and supports ("Lighting Fixtures") as shown in Composite Exhibit 2 attached hereto and made a part hereof as if fully set forth herein. During the period of Permittee's construction and installation of the Lighting Fixtures, Permittee may use thirty 4301 feet on each side of the property described in Composite Exhibit I (except the street over which Dade County has neither ownership nor control) as a temporary construction easement area. Permittee's contractors shall coordinate all construction and installation activities with Metro Dade Transit Agency ("MDTA") Assistant Director of Rail Operations (Central Control), and the Chief of Transit Safety and Assurance or their designees during the entire period of placement and construction and shall use no more of the Property than that described in Paragraph I of the Agreement and the construction easement granted herein. In no event shall PerAittee's contractors block or interfere with the operation and maintenance of the Metro Mover. 38S 374 8402 r 84i89 OV 44 883 4. permittee shall not make any alterations or additions to its Lighting Fixtures, without the prior written approval of County, which approval shall not be unreasonably withheld. S. While this Formit is in force, Permittee shall, upon demand by County, correct or remedy (or cause to be corrected or remedied), within 30 days of written notification thereof: (a) Any material defects in the Lighting Fixturesi (b) any material departure in the construction, installation or placement of the Lighting Fixtures from the plans and specifications as approved by County= (c) any material departure from the content• of the Lighting Fixtures in a drawing submitted to and approved by Countyi and (d) any violations of or departures from any applicable governmental ordinances, codes, laws, or rubs and regulations. 4. Permittes shall, at its own sole expense, obtain and maintain all permits, licenses, certifications and approvals from all federal, state and municipal authorities (the "Approvals") which are required in connection with the construction, installation, placement, operation, maintenance, repair, relocation and removal of its Lighting Fixtures. Permittee agrees to comply with all applicable governmental ordinances, codes, laws and regulations respecting such construction, installation, placement, operation, maintenance, repair, relocation and removal of Lighting Fixtures. 7. County shall have no obligation whatsoever to provide any services to Parmittee. Permittee shall, at its own cost and expense, provide for all utility services, including, without limitation, electricity for all Lighting Fixtures permitted herein by separate arrangement with the local utility. Without limiting the foregoing, Permittee shall apply and pay for all utility meters (including the installation thereof) in connection with the installation, use and maintenance of its Lighting Fixtures wherever such meters are located on the property, so long as same shall not interfere with the safe operation of the Metro Mover nor threaten the public health, safety and Welfare. 385 374 8482 A,4/69 09145 884 0. Permittee shall, at its own sole cost and expense, keep its Lighting Fixtures in good, safe, operable and presentable condition and repair in accordance with all applicable laws, Codes and ordinances during the period this Agreement is in effect. In repairing, operating and maintaining its Lighting Fixtures, Permittee shall not use any more of the Property than as outlined in Composite behibit 1 and shall not block or interfere with the operation and maintenance of the Metro Mover located on the Property. 9. The County array, but shall not be required to, slake such inspections, repairs, alterations, improvements, and additions, as County shall desire or deem necessary to the Property or as County may be required to do by governmental authority or court order or decree= provided that any such alterations, improvements, and additions shall be made, to the extent reasonably possible, in such manner as to not interfere with Permittee's Liqhting Fixtures. 10. Any relocation or rearrangement of County property will not be permitted unless specifically authorized by the Director, MDTA, or its authorized representative. No decoration or form of advertising will be permitted on the Property. 11. During any construction period, or during any operation, maintenance or repair, the Parmittee shall provide at its own expense such professional traffic and security control personnel as required by all applicable city, county, state and federal laws, rules and regulations, and any specific use regulations, or as required by the Director, MDTA, or its designated representative. in addition, during the entire period of this Permit Agreement, Permittee shall coordinate all activities, including maintenance and operation, with the MDTA Assistant Director of Rail Operations (Central Control), and the Chief of Transit Safety and Assurance Director or their designees. 12. County hereby grants unto Permittee the right to enter County's Property during regular business hours and at such other 385 374 8482 ' 87 84/89 88; 46 885 times as County shall consent, which consent shall not be unreasonably withheld, for the purposes of constructing, installing, placings operating, maintaining, repairing, relocating and removing its Lighting fixtures. The Permittee must furnish all personnel required to perform any of these activities. 13. County shall have the right, which County may exercise without notice to Parmittee, to use the Property for any purpose County shall desire, so long as such use does not unreasonably interfere with Permittee's Lighting Fixtures or the lighting on the CenTrust Tower and does not result in structures extending over or through Permittee's lighting pattern. 14. The Permittee shall maintain the required insurance during the term of this Permit as follows: (a) General Liability insurance on a comprehensive basis in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury and property damage. County shall be named as additional insured with respect to this coverage; (b) Workers' Compensation Insurance as required by Florida Statutes; (c) Automobile Liability Insurance covering all owned, non -owned and hired vehicles in an amount not less than one Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury and property damages (d) Permittee shall furnish to County Certificates of Insurance evidencing all the insurance coverage required by this section, which Certificates shall state that such insurance shall not be modified or cancelled without at least 30-day prior written notice to Countyl (e) Permittee shall at all timer during the terms of this Permit comply with all applicable laws, codes, ordinances, orders and decrees, and all requirements of all applicable governmental authorities, and shall not directly or indirectly make use of its 87-3�31 l 2tf C. J "kr' 385 374 8492 '8 84i89 88=48 886 MA Lighting Fixtures, which way thereby be prohibited or be dangerous to person or property. is. The Permittee hereby agrees to indemnify and save the County harmless from any and all Claims, liability, losses, and causes of actions which may arise out of this Permit, or the use of the Property, unless such claim, liability, loss or cause of action is the result of the County's negligence. The Permittee shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all suits in the name of the County when applicable and shall pay all costs and judgments which say issue thereon. 16. The Director, MDTA, or its designated representative, may cancel or revoke the Permit with or without cause, or make additional conditions regarding use of the Property which are in the public interest. 17. Neither County, nor any successors or assigns of County, shall have any liability, obligation, or responsibility whatsoever for the construction, installation, placement, operation, maintenance or removal of Permittee's Lighting Fixtures, not shall County or any successors or assigns of County, be liable for the performance or default of Permittee, or any contractor, or materialman, who constructed, installed, repaired, operated, or removed Permittee's Lighting Fixtures, or any other person for any failure to construct, install, complete, repair, replace, operate, maintain, protect or insure its Lighting Fixtures, or for the payment of costs, if any, for labor and materials supplied for the construction of Permittee's Lighting Fixtures or for the performance of any obligation of Permittes whatsoever. 18. Permittee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Pesmittee, operation of law, or otherwise, to attach to f or be placed upon County's interest in the property or any part_ thereof, and any and all liens and encumbrances created by ry A Permittee shall attach to Permittee's interest only, if any._^ 385 374 8482 I ' 844i89 09149 e�7 Permittee covenants and agrees not to permit any lien to be placed against the Property or any part thereof, with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Permittee, or for Permittee'► Lighting Fixtures* in case of any such lien attaching, Permittee agrees promptly to cause such lien to be released and removed of record. if Parmittee does not do eo, County may, but shall not be required to, upon ten (101 days prior notice to Permittee, release such lien from record, and Permittee shall pay County the cost thereby upon demand. 19. Upon the expiration of this Permit, whether by expiration of its term or for any other reason, Permittee shall (a) vacate the Property and promptly dismantle and remove Permittee's Lighting Fixtures from the Propertyr and (b) repair, at its expense, any damage caused to the Property or any part thereof by the existence of such Lighting Fixtures. 20. This Permit cannot be transferred, assigned, or sublet. 21. Any notice, request, demand, instruction, or other document to be given under this Agreement, or under any document or instrument executed pursuant to this Agreement, shall be in _ writing and shall be delivered personally or sent by United States registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at their respective addresses set forth below, and the same be effective upon receipt if delivered personally or two 42) business days after deposit in the mail, if mailed. A party may change its address for receipt of notices by service of a notice of such change in accordance herewith. If to County: Director, Metro -Dade Transit Agency Suite 910, Metro -Dade Center lii N. N. First Street Miami, Florida 33128-1993 with a copy to: Assistant Director, Rail operations (Central Control) Metro -Dade Transit Agency Suite 910, Metro -Dade Center _ 111 N. N. first Street f Miami, Florida 33128-1993 r ti� W 0— t - t 385 374 8482 84r89 88=58 88$. and tot Chief of Transit Safety and Assurance ' Metro -Dade Transit Agency Suite 910, Metro -Dade Center lii N. N. First Street Milani# Florida 33120-1993 If to Pfrmittees CenTrust Realty i Construction Company, General Partner Attnt Real Estate Department 101 East Flagler Street Miami, Florida 33131 with a copy tot Legal Department CenTrust Savings Bank 101 East Flagler Street Miami# Florida 33131 and tot Fine# Jacobson, Schwartz, Yeah, Block i England, P.A. 777 Brickeli Avenue Suite 700 Miami, Florida 33131 Permitteet METRO DADE TRANSIT AGENCY C. P. TONER, LTD., a Florida Limited Partnership Byt CENTRUST REALTY AND CONSTRUCTION COMPANY, General Partner Re and of e a � Sys • e; y Y.: Y2 " t Pv-�'ry ,. , .. .: _ .. .... ... ..: ... ... _. ..... .. .._ ,.try 5 1 14 REVOCABLE PERMIT AND COVENANT TO RUN WITH THE LEASEHOLD INTEREST This Revocable Permit and Covenant to Run With the Leasehold Interest ("Revocable Permit"), made and entered into this _ day of , A.D., 1987, by and between C.P. Tower, Ltd., a Florida limited partnership, (the "Covenantor"), and the City of •Miami, Florida, a municipal corporation of the State of Florida, in the County of Dade, (the "City"). WHEREAS, Covenantor is the lessee under a lease with the City dated July 1, 1980 for certain air rights above the City's Parking Garage together with other areas, easements and appurtenances for construction and operation of the CenTrust Tower (the "Tower Lease"); and WHEREAS, the Tower Lease pertains to the air rights above, the City -owned Parking Garage located on a certain parcel of land known as Tract "A" of World Trade Center, according to the Plat thereof, as recorded in Plat Book 115, at Page 41 of the Public Records of Dade County, Florida (the "Property"); and WHEREAS, Covenantor, wants to construct and maintain a metal platform containing lights and electrical appurtenances (the "Improvements") above and encroaching over the dedicated public right-of-way on the Westerly side of Southeast First Avenue immediately opposite the Property (the "Right -Of -Way"). The Improvements are shown and described in plans and specifications dated May 21 1986 and July 17, 1986 (the "Plans"). The Plans are attached hereto as Exhibit 1 which is incorporated herein and made a part hereof: and WHEREAS the Covenantor is the permitee under an undated permit (the "Permit Agreement") Exhibit 2, under which the Covenantor is permitted to erect the Improvements on property owned by Metropolitan Dade County, beneath the Downtown Peoplemover guideway, along Southeast First Avenue (the "Metrorail Property"); and WHEREAS, Southeast First Avenue adjacent to the Property is under the jurisdiction of the City; and WHEREAS, City has required the execution of this Revocable Permit as a condition precedent to the granting of permission to Covenantor to construct and maintain the Improvements above and encroaching over the Right -Of -Way. NOW, THEREFORE, in consideration of the express grant by the City of permission to allow the construction and maintenance of the Improvements above and encroaching over the Right -Of -Way, subject to the terms and conditions set forth hereinbelow, ten dollars, receipt of which is hereby acknowledged, and in further consideration of these premises, Covenantor does hereby covenant and agree with City as follows: (1) The foregoing recitals are true and correct and are made a part hereof. (2) (a) Covenantor is hereby permitted to install and maintain the Improvements above and encroaching over the Right -Of -Way provided Covenantor installs the Improvements in accordance with (i) the Plans which shall be signed and sealed by certified structural and electrical engineers licensed to practice in the State of Florida and which are subject to approval by the Cityf and (ii) applicable building and zoning codes, rules, regulations, ordinances and laws: of `the City, Dade County, Florida and the State of Florida. �o T (b) Unless terminated pursuant to paragraphs (4) or (8), this Revocable Permit shall remain in effect so long as the Permit Agreement, or any successors to the Permit Agreement, including a long-term lease for the Metrorail Property, between Metropolitan Dade County and the Covenantor, its successors or assigns, are in effect. (3) (a) in the event Covenantor, 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, City shall give Covenantor notice of such failure via telephone or hand delivery, with copies to all mortgagees who have given written notice of their lien to the City. (b) if the Covenantor is given notice pursuant to paragraph (3)(a) that the improvements are in an unsafe or dangerous condition or that the Improvements have caused the Right -Of -way in the immediate vicinity of the Improvements to be in an unsafe or dangerous condition, Covenantor, upon receiving notice from the City shall within 24 hours take such actions as are necessary in order to temporarily alleviate such unsafe or dangerous condition as may exist, and shall, within 20 days of receipt of such notice, either (i) restore the Improvements to a safe condition satisfactory to the City or (ii) remove those Improvements which are not in a safe condition satisfactory to the City and restore, if necessary, the Right -Of -Way which was damaged by the removed Improvements to a condition compatible with the condition of the remaining portion of the right-of-way on the date of such removal. The restoration or removal shall be at no cost or expense to the City. (4) In the event Covenantor, its successors or assigns, fails to either restore the Improvements to a safe condition satisfactory to City or remove the Improvements and restore the Right -Of -Way within the specified time, as set forth in Paragraph (3), 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 Tower Lease, enforceable as any lien provided for under the statutes of the State of Florida. (5) (a) Covenantor covenants and agrees that all recourse against City is hereby expressly waived as to any damage caused, consequential or otherwise, to any portion, in whole or in part, of the remainder of the Improvements, resulting from the removal of a part of the Improvements above and encroaching over the Right -Of -Way pursuant to Paragraphs (3) and (4). (b) Covenantor further covenants and agrees that all recourse against the City is hereby expressly waived in the event that this Revocable Permit is challenged and subsequently held, by a court of competent jurisdiction, to be invalid. (6) Covenantor shall indemnify, defend, and hold harmless 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 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. (7) Covenantor shall carry a comprehensive general liability policy of insurance of at least $1,000,000 combined -2-a.. T single limit for bodily injury and property damage (the "Policy"). The Policy shall be procured and premiums paid by Covenantor. 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. 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, Covenantor 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 Covenantor of the obligation to add City as an Additional insured to the Policy. The Policy shall provide that City be given at least ten days advance written notice of any material changes, cancellation or non -renewal notifications of the Policy, and in event of such material change, cancellation or non -renewal notification, Covenantor shall immediately replace the Policy with another policy satisfactory to the City and provide to the City a certificate of insurance for the substitute policy at least ten days prior to the effective date of the termination of the Policy. If the City has not received satisfactory evidence of the insurance required by this Paragraph, then City shall have the right to secure immediately a similar insurance policy in its own name with the total cost of the premium and all future premiums that may become due during the term of this Revocable Permit being charged to Covenantor, and City shall have the right to declare and establish the costs of the insurance as a lien on the Tower Lease enforceable as any lien provided for under the statutes of the State of Florida. Covenantor agrees to increase from time to time the limits of the Policy to such reasonable amount as may be requested, in writing, by the City. (S) So long as any of the Improvements remain above and encroaching over the Right -Of -Way it is expressly understood and agreed that this Revocable Permit shall be binding upon Covenantor and also upon the successors in interest or assigns of Covenantor, and shall be a condition implied in all conveyances and other instruments affecting the title to the Tower Lease or any portion thereof. If, however, the Improvements are removed and the remaining portion of the Right -Of -Way which was used by the removed improvements is restored to a condition compatible with the condition of the remaining portion of the right-of-way on the date of such removal, then this Revocable Permit shall terminate, be of no further force and effect, and Covenantor shall be released in writing from and relieved of its obligations hereunder. Upon written notice from Covenantor 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. (9) 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 registered or certified mail (return receipt requested), postage prepaid, to the other parties at the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: _ Covenantor: C.P. Tower• Ltd. c/o CenTrust Realty and Construction Company, General Partner, Attn: David L. Paul, President 101 East Fiagler Street Miami, Florida 33131 6i -3- - f � � •-ti` 1':.� � �F Rio<!� _ 1 with a copy to: Bernard Jacobson Fine Jacobson Schwartz Nash Block & England, P.A. 2401 Douglas Road Miami, FL 33145 City: City Manager The City Of Miami P.O. Box 330708 Miami, Florida 33133 and Director of Public Works The City Of Miami 275 N.W. Second Street Miami, Florida 33128 10. Covenantor shall be responsible for providing and paying for all utilities required or necessary in connection with the Improvements. IN WITNESS- WHEREOF, Covenantor has caused these presents to be executed by the Vice President of its corporate general partner, thereunder duly authorized, the day and year first above set forth. C.P. Tower, Ltd., a Florida limited partnership By: CenTrust Realty and Construction Company, a Florida corporation, General Partner first Witness Alfjed J. rabori Vi -Pre dent Maureen C. Lewis 101 E. Flagler St., Miami 33131 Witness Print Name & Address Second Witness Yolanda Fernandez 101 E. Flagler St., Miami, FL 33131 Witness Print Name 6 Address -4- Z � 4' STATE OF FLORIDA ) ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day of January A.D., 1987, personally appeared before mej an officer duly authorized to administer oaths and take acknowledgements, Alfred J. Tarabouri, as Vice -President of CenTrust Realty and Construction Company, a Florida corporation, as General Partner of C.P. Tower, Ltd., a Florida limited partnership, to me known to be the person who signed the foregoing instrument and acknowledged the execution thereof to be the free act and deed of such individual as President of the corporate general partner of the said limited partnership for the purposes therein described. WITNESS my hand and official seal this day of January, 1987. My Commission Expires: Approved As to Form and Correctness: LUCIA A. DOUGHERTY City Attorney Approved As to Insurance Requirements: Insurance Manager 1185E 040887/9/sr 11276.0015 Notary Public, State of Florida DONALD W. CATHER, Director, Dept. of Public Works -5- 1'rc V. ' TRUGL • CONSULTING ENGINEERS, INC. 4557 Ponce De Leon Blvd. CORAL GABLES. FLORVA 33146 (305) 667.1739 REV- 2/ %/04V ft Joe IWAVALVAE -nWMZ F—i—ADOU&NMIS Rowiffsr s�D`_ Apag AwAML p�urFeRN CALCULATED BY �0� `//i�4r-joh DAVE /7 �yLY 86 CHECKED er V. A/O p • DATE. /7 joy ag, SCALE _I•�I SMT. W! I OF peopLE MoVRit ✓W.. 6P*4"1, 40 "Cc 01WZ$MWN I" (/Z.r.) SUPPioRT A/m "'CN/- 4W -M-/2 -CLL• 5 P2- Z40NAS 10M W. MN FLooroL/G/�I7►'S (46►0�. ,.0 _'�! .•6 - l 4co W. MN MARAPW BEM ' /s-f/NaG FeALGT -i' AQAII"1CotwT OWSiPHTgoatlCdZTW1. F%•ej ,Jw LTEmaoDI-�OaMLI�-0 "l42C- s�pSt2sN-7e/b7E�4wo�NA PR4 WAir (I) SA49C COMA/O.�s " WP aw1m6T SVPfiT7� �QtZA COL02 SN/tL0 F/L TEA 001CAAr- CoL. .'H D/6TA:• SE6 R/sE1e C(D <D So Mrq xFroR. I _D1.01F I METaC. � BELOW i COL. ` I I i t t ZJ —A—CCESSQ0. EoBE I CURB FAL vAULT /M SIDEWALK ,BELOW PLAN 'M oAl ;rvRF . loo A. 4PSA1, NEMA 31e1 No FUSED MAIN SW ON COL. ELECTRIC M57VA (N/sN AS possmiz) M S.F. / sr 40,2 - 24R.C. AvE. .0, ,�. FPL SIDE - WALK VAULT '--�P/t,E-CAST CcAIC. rtee TYPICAL GECr-/od (L00K/NG 902TH •. ,fit �' i TRUGM CONSULTING ENGINEERS, INC. 4557 Ponce De Leon Btvd. CORAL GABLES, FLORVA 33146 (305) 667.1739 Rev. 21 ✓ULY 8G 4P5M it zo 4112-4i' mw umf siD& SW \ A— WP DUPLEX R&XA 4P*v !� 0 I&/roBN.-4Sov.3d So ARY 7yff XAMUS. KVA A. Arm a-1 Tb Lym FLooroL/GNT/,y CALCULATED BY Jec s//;mqs0m DATE 17 %kr aro _ CHECKEo er J.A. DATE./7 JOLY as _ SCALE INC sw.N! 2 O/ Z TIME CLOCKS W�A sM DIAL i 6AWiv6 MS90AV6 60 A. 3P 600 ✓. 14XV- HEW CON TACTo2 -12o K COIL 9X8 t CoNNEGT To A -Al, A-C-, C-A (48OV.) 2'4/0 - %Z" L pLAT/�oRM 1 To 9 as. (foav w- EA.l To 6 LTs. (loan W. AA.) — M 3 G / 21/2 - 'e" To 4ao W. FLA6A9 /zaov tT. ON 12A/L INS Oso v-) Wp GALVAvlz,,o cAamer �N39&-,N-�W1PVYwb. 13ACX SPA" To House' 414 ,ELFG . zoolp- , poU,S a MOSS � PROW S/oN Foe PA,0Z0CXlJV95 �-- /oo A. 4PSN HD AlEMA 9R l Fusm IWA/N SW. (WIPAU-aK �—METEz oN somp !T caow M �— TERM/�vATE' /N /LPL cl. . /O x _V4 collopE2 smewALK VAULT t C LAD 6RA. ROD As 01AACT7A Fo/L Zo/Zi8 V. 34, 4 w CLECMCAL R/SEi2 D/AcSRA 315 374 8482 PERMIT AGREDUM 7 04/09 89s43 The Pesmittee, C. P. TOWER, LTD., a Florida Limited 062 Partnership, hereby agrees to the following conditions, should approval be granted for the construction and maintenance of lighting fixtures as defined herein and exhibits attached hereto. 1. The Permittee agrees to confine all activities to the area ("the Property") described in Composite Exhibit 1, attached hereto and made a part hereof as if fully set forth herein. 2. The permittee agrees to pay County the sum of $100.00 for use of the Property as described herein for a period of one year, plus any sales and/or rent taxes that may be applicable, commencing on the 4246. day of = ��,,, 1907. 3. For the purpose of reflectin light off the CenTrust Tower, the County authorizes Permittee to erect, in accordance with its detailed plans and specifications, the lighting equipment and supports ("Lighting Fixtures") as shown in Composite Exhibit 2 attached hereto and made a part hereof as if fully set forth herein. During the period of Permittee's construction and installation of the Lighting fixtures, Permittee may use thirty (30) feet on each side of the property described in Composite Exhibit I (except the street over which Dade County has neither ownership nor control) as a temporary construction easement areae permittee's contractors shall coordinate all construction and installation activities with Metro Dade Transit Agency ("MDTA") Assistant Director of Rail Operations (Central Control), and the Chief of Transit safety and Assurance or their designees during the entire period of placement and construction and shall use no more of the Property than that described in Paragraph 1 of the Agreement and the construction easement granted herein. 2n no event shall PerAttee's contractors block or interfere with the operation and maintenance of the Metro Mover. 38S 374 0482 04/09 80144 683 d. permittee shall not make any alterations or additions to its Lighting Fixtures; without the prior written approval of County, which approval shall not be unreasonably withheld. s. While this Permit is in force, Permittee shall, upon demand by County, correct or remedy (or cause to be corrected or remedied), within 30 days of written notification thereof: (a) Any material defects in the Lighting f'ixturesp (b) any material departure in the construction, installation or placement of the Lighting Fixtures from the plans and specifications as approved by County= (C) any material departure from the contents of the Lighting Fixtures in a drawing submitted to and approved by County( and (d) any violations of or departures from any applicable governmental ordinances, codes, laws, or rules and regulations. 6. Permittes shall, at its own sole expense, obtain and maintain all permits, licenses, certifications and approvals from all federal, state and municipal authorities (the "Approvals") which are required in connection with the construction, installation, placement, operation, maintenance, repair, relocation and removal of its Lighting Fixtures. Permittee agrees to comply with all applicable governmental ordinances, codes, laws and regulations respecting such construction, installation, placement, operation, maintenance, repair, relocation and removal of Lighting Fixtures. 7. County shall have no obligation whatsoever to provide any services to Permittee. Permittee shall, at its own cost and expense, provide for all utility services, includinq, without limitation, electricity for all Lighting Fixtures permitted herein by separate arrangement with the local utility. Without limiting the foregoing, Permittee shall apply and pay for all utility meters (including the installation thereof) in connection with the installation, use and maintenance of its Lighting Fixtures wherever such meters are located on the property, so long as same shall not interfere with the safe operation of the Metro Mover nor threaten the public health, safety and wflfaro. 1t p 3 385 374 8482 84i89 88145 884 8, termittee shall, at its own sole cost and expense, keep its Lightinq Fixtures in good, sale, operable and presentable condition and repair in accordance with all applicable laws, codes and ordinances during the period this Agreement is in effect. in repairing, operating and maintaining its Lighting Fixturesp Permittee shall not use any more of the property than as outlined in Composite Exhibit i and shall not block or interfere with the operation and maintenance of the Metro Mover located on the Property. 9. The County may, but shall not be required to, make such inspections, repairs, alterations* improvements, and additions. as County shall desire or deem necessary to the Property or as County may be required to do by governmental authority or court order or decrees provided that any such alterations, improvements, and additions shall be made, to the extent reasonably possible# in such manner as to not interfere with Permittee's Liqhtinq Fixtures. 10. Any relocation or rearrangement of County property will not be permitted unless specifically authorized by the Director, MDTA, or its authorized representative. No decoration or form of advertising will be permitted on the Property. 11. During any construction period, or during any operation, maintenance or repair, the Parmittee shall provide at its own expense such professional traffic and security control personnel as required by all applicable city, county, state and federal laws, rules and regulations, and any specific use regulations, or as required by the Director, MDTA, or its designated representative. in addition, during the entire period of this Permit Agreement, Permittee shall coordinate all activities, including maintenance and operation, with the MDTA Assistant Director of Rail Operations (Central Controll, and the Chief of Transit safety and Assurance Director or their designees. 12. County hereby grants unto Parniittes the right to enter County's Property during regular business hours and.at such othir 3 -- f, 365 374 8482 ' 87 84/89 68:46 883 time• as County shall consent, which consent shall not be unreasonably withheld, for the purposes of constructing, installing, placing, operating; maintaining, repairing, relocating and removing its Lighting Fixtures. The Permittee must furnish all personnel required to perform any of these activities. 13. County shall have the right, which County may exercise without notice to Parmittee, to use the Property for any purpose County shall desire, so long as such use does not unreasonably interfere with Permittee's Lighting Fixtures or the lighting an the CenTrust Tower and does not result in structures extending over or through Permittee's lighting pattern. 14. The Permittee shall maintain the required insurance during the term of this Permit as follows: (a) General Liability insurance on a comprehensive basis in an amount not less than One Killion Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury and property damage. County shall be named as additional insured with respect to this coverages 4b) workers' Compensation Insurance as required by rlorida Statutes= (a) Automobile Liability insurance covering all owned, non -owned and hired vehicles in an amount not less than One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury and property damages (d) Permittee shall furnish to County Certificates of Insurance evidencing all the insurance coverage required by this section, which Certificates shall state that such insurance shall not be modified or cancelled without at least 30-day prior written notice to County; le) Permittee shall at all times during the terms of this Permit comply with all applicable laws, codes, ordinances* orders and decraose and all requirements of all applicable governmental authorities, and shall not directly or Indirectly make use of its 'l, t ; 4 385 V4 8482 S ' 1 84/09 88148 886 i Lighting Fixtures, which may thereby be prohibited or be dangerous to person or property. 13. The Pernittes hereby agrees to indemnity and save the County harmless from any and all claims, liability, losses, and causes of actions which may arise out of this permit, or the use of the Property, unless such claine liability, loss or cause of action is the result of the County'• negligence. The Permittee shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all suits in the name of the County when applicable and shall pay all costs and judgments which may issue thereon. 16, The Director, mDTA, or its designated representative# may cancel or revoke the Permit with or without cause, or wake additional conditions regarding use of the Property which are in the public interest. 17. Neither County, not any successors or assigns of County, shall have any liability, obligation, or responsibility whatsoever for the construction, installation, placement& operation, maintenance or removal of Permitteele Lightinq Fixtures, nor shall County or any successors or assigns of County, be liable for the performance or default of Permittee, or any contractor, or materialman, who constructed, installed, repaired, operated• or removed Permittee's Lighting Fixtures, or any other person for any failure to construct, install, complete, repair, replace, operate, maintain, protect or snaure ice Lighting Fixtures, or for the payment of costs, if any, for labor and materials supplied for the construction of Permittee's Lighting fixtures or for the performance of any obligation of Permittee whatsoever. ie. Permittes has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Pernittes, operation of law, or otherwise, to attach to or be placed upon County's interest in the Property or any part thereof, and any and all liens and encuoranees created by Permittee shall attach to Permittee's interest only, it any.: _ 04/09 68149 305 374 8482 007 permittee covenants and agrees not to permit any lien to be placed against the Property or any part thereof, with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Pereittae, or for Permittesen Lighting Fixtures, to case of any such lien attaching, Permittee agrees promptly to cause such lien to be released and removed of record. if Permittee does not do so, County may, but shall not be required to, upon ten 4101 days prior notice to Permittee, release such lien from record, and Permittee shall pay County the cost thereby upon demand. 19. Upon the expiration of this Permit, whether by expiration of its term or for any other reason, Permittee shall (a) vacate the Property and promptly dismantle and remove Permittee's Lighting Fixtures from the Propertyt and (b) repair, at its expense, any damage caused to the Property or any part thereof b the existence of such Lighting Fixtures. i Y g 9 20. This permit cannot be transferred, assigned, or sublet. 21. Any notice, request, demand, instruction, or other document to be given under this Agreement, or under any document -- or instrument executed pursuant to this Agreement, shall be in writing and shall be delivered personally or sent by United States registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at their respective addresses not forth below, and the same be effective upon receipt if delivered personally or two (2) business days after deposit in the mail, if mailed. A party may change its address for receipt of notices by service of a notice of such change in accordance herewith. if to County: Director. Metro -Dade Transit Agency suite 9101 Metro -Dade Center iii N. M. First street Miami, Florida 33128-1993 with a copy to: Assistant Director, Rail Operations (Central Control) Metro -Dade Transit Agency Suite 9100 Metro -Dade Center 111 Ny N. Firat street Miami, Florida 33129-1993 j T CC i.?Jt •j,..�(y fib. 6 x '�84,09 16,50 385 374 8482 888 and tot Chief of Transit Safety and Assurance Metre -Dade Transit Agency Suite 910, Metro -Dade Center III N. it. First street Miami, Florida 33128-1993 it to Permittest CenTrust Realty a Construction Company, General Partner Attnt Real Estate Department 101 East Flagler Street Miami, Florida 33131 with a copy tot Legal Department CenTrust Savings Sank 101 east Hagler Street Miami, Florida 33131 and to: Fine, Jacobson, SChwarta, Nash, Block a England. P.A. 777 Hrickell Avenue Suite 700 Miami, Florida 33131 METRO DADE TRANSIT AGENCY r Permitteet C. P. TONER, LTD., a Florida Limited Partnership Sys CENTRVST REALTY AND CONSTRUCTION COMPANY, General Partner 1 -= - W M1 JANET P AILSTOCK MARK I. ARONSON CHARLES M. AUSLANOER SANORA J SASEY' WHITMAN SRIAN L. BELT WILLIAM J. SEROCR PAUL BERKOWITZ IRWIN J •LOCK MITCHCLL R SLOOMSLRO GARYS.BROOKS ANTHONY J. CARRIUOLO MARILYN J, W. CESARANO ROSERT A. CHAVCS SAUL CIMSLER OARYJ COHEN SRUCt JAY COLAN KEVIN M. CHAS ARTHUR JL ENGLAND. JR. TERRY •. r(IN MARTIN rINC KENNCTM N rRANKEL ALAN L. OASRIEL CRIC r OESAIDE ERVIN A. OONZALU JONATHAN M. OREEN JOROt L. OUERRA MARTIN C. OUTTCR DENNIS A. HAAS OCRALD T. YIErrERNAN STEPHEN J. HELFMAN OURTS HELLMAN SARA GARLI HERALD 4r FINE JAC. rWesON SCHWARTZ NASH BLOCK Wr' NGLAND. P.A, SUITE 700 777 ORICKELL AVENUE MIAMI. FLORIDA 33131 MICHACL J. NIOCI! STUART K. HOrrMAN (,OS) 374 • 1200 SERNARO JACOSSON RICHARD A. JOSEPHtR TELEX 24114314 ANDRtA S. KARNS THEODORE KLEIN CABLE FLORIOALAW STEVCN M. 14WARYIN J. PHILIP LANDSMAN MENRV LATIMER OARY O. LIPSON SONNIC LOSAK JIMCNEZ CARTER N. MCOOWELL OtSSIt L MESCON CHARLES C. MULLER D MARTIN J NASH WILLIAM JAY PALMER OLIVE S. PARKER OEOROt 1. PLATT RESEKAH J. POSTON STANLEY S. PRICE R SARSARA RtSSLER CHARLES D RUSIN THOMAS RUrrIN m ■. LESLIE SCMARrMAN GCNJAMIN S. SCHWARTZ JOSEPH H. SCROTA DAVID M. SILSERSTEIN STUART L. SIMON LYNN O SOLOMON RICHARD JAV WEISS LINDA ANN WELLS JULIC A S WILLIAMSON The Honorable Lucia Dougherty City Attorney City Commission Chambers 3500 Pan American Drive Miami, FL 33133 Dear Lucia: April 9, 1987 DOUGLAS OrrICE 2401 DOUGLAS ROAD MIAM1, rLOR10A 73I49 (309) 446.2200 TELEX522726 CASLt MIAMILAW M LAUDtRDALC OrrICE 750 SOUTHEAST THIRD AVENUE FT LAUDEROALE.:LORIOA 333Ie (705) Ae2 •2S00 CABLE FORTLAW HAND DELIVERY Per my conversation yesterday with Miriam Maer, enclosed is a "Revocable Permit and Covenant" which pertains to the lighting structure for CenTrust Tower. Per Miriam's instructions, I have also prepared a Resolution approving the Revocable Permit and Covenant. Miriam has reviewed both the Resolution and the Revocable Permit I would appreciate it if this Resolution could be approved at the meeting today. I believe it is a non -controversial item. i i I am having all original documents delivered to Miriam Maer at the same time that these copies are being delivered to you. Thank you again for your courtesy. Sincerely, Richard Jay Weiss RJW/dlw Enclosure 11276.0015 cc: G. Miriam Maer, Esq.