Reso 2004-671 - Laserfiche WebLink

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l311zTN,SUMBER.ET. AL JUN: - ISi U4 (MON) Ib: 12 . P. 005/013 lngreS& Egress Pllge] general public, which shalJ be located, either in whole or in part, within Pier Park or within the parking lot OpCTlltcd by Lit Perla IlX;Gtcd on the WC51 side of Collins Avcnlle. Upon completion of me Project, La Perlll shAll pro \tide an additional 29 paTking spaces wilhin the Project. which shall al all times be made available: for valet parking by members otlbe general public delliring tD access the Pier PlIrk beacbftont at the same price c;:harsed by City at Pier Park. La Perla shall be entitled to 1'etain aU fees charged for the use DC the parlOng spaces to be located with in the Project. S) LffeJUard Services. La PcrlB shan pay one lump sum payment in the amount of one hundred and fifty thousand dollars (51'O,OOO) to the Cil}' wirhin ten days from tbe execution of this Agreement, said sum to be used by the City for lifeguard 8crv1ceS durinB the next five years, and/or for DIller public purposcs as detenninc:d by the City. This Agreement shall not become effective until payment of the lium set fortb above. 9) Service vehicles ptobi~ted from cnterin, ~ p[(dect thro~t!h the pfJ'k. La Perla acknowledges e.nd agrees that thislimitcd right of ingress and egress excludes semce vehicles, and thllt it shall take all nl:.ccssary enforcement measures to ensure that service vehicles seMng the Project do not utilize the Pier Park for ingress/egress to the Project. 10) No ~sDY(ltion WorkCLVehiclcs ip Park. La Perla agrees to submit B plpn for City Manager review and approval demonstrating alternative parking location(s) for its construction workers and service pcrrsannel and an enforcement plan reasonably sufficient to assure the City that Us construction workers and service: pcrsormel shaJl not park within the bOWldaries Df the Park during their work hDurs, saiCj plans to be submitted to the City upon the execution of this Agreernl!lnL 11) Enforcement and Penalties: In the event La Perla fails to fulfill any of the obligations contained in thl!: Agreement 01' otherwise viol~ucs any provisiun oCthis Agreement, and does not cure such violation within 48 hours Ifter written notice. La Perla shall pa.y a civil ~81ry in the amount of $500.00 for each day the violation (8) continue to exist after notice of such violation from the City is delivered to La Perla or ita saeccessors. and assigns_ Failure: ~o eitheT correct the violation or pay the eivil pl!lnalty within 48 hours shall constitute an admission of the, violation, and admission that the civil penalty is due and owing, and a breach of this Agreement, and the City shall be entitled to injunctive reHefin a court ofcompetentjurisdiction. In addition to injunctive relief, the City Ilhall be entitled tp plaee a lien against the Project or property described in Resolution No.02-Z-66 for tile cost of the civil penalty and La Perla agrees that the City's lien shall be On parity with 8 code enforcemenJ lien filed pursuant to Chapter 162, Florida Statute3. The City has the authority to enforce the lien in Cireuit Court of Miami Dade-County. La Pcrlll hereby wai~es its right to claim any defense against any action taken by City to reduce the amount ofsuch lien to a money JUQgment, and, further, waives it!! right to claim any dcfc;nse apinst any "tion by CilY to enforce such lien or liens against any other real property owned by LQ Perla, it:; sLlecc;ssors or ulligns. In any action to enforce the provisions of this ^greement. the non"PreVlliling party shall pay !In of the prevailing p~ 's attorney'li fees and other cOSU including but not limited 10 attorneyll feel and co un cosl:ll in both trial and appellate COW1S. This entorcement provilrion IIh_1I be in addition to Bny ather remedies available at law, in equity, or both. 12} :Usc of the:: Pads. Lll Pecle shllU n:que&l written pcmUsliion from the City to use the Pier Park for IUIY llctivilies thtlt are not described in this Agrc;emcnt. U;\Anomcy\AarccJIICJlts. Bids, Canll'al:ls. Farms 01: RFQ'I\lnlV~& Egress.doc: SIB Book22317/Page2930 Page 3 of 6