Resolution Zoning 09-Z-117 - Laserfiche WebLink

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CITY OF SUNNY ISLES BEACH PARKING LICENSE AGJREEMENT This Parking License Agreement (this "Agreement") is made as of the _ day of_, 2009, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation (the "City") and FORTUNE INTERNATIONAL HOSPITALITY, LLC, a Florida limited liability company ("Fortune") and/or assigns, RECIT ALS WHEREAS, Fortune is the owner and operator of property currently developed as a resort known as Le Meridien Sunny Isles Beach (the "Resort") located at 18683 Collins Avenue within the City (the "Property"), as more particularly described in Exhibit "A". WHEREAS, Fortune has applied to the City for approval of a conditional use permit (the "Pennit") to operate a private beach club at the Resort utilizing the existing Resort amenities, including a spa, fitness center, outdoor swimming pool, indoor restaurant, bar/lounge and pools ide dining (the "Beach Club"), WHEREAS, in connection with the proposed Beach Club, Fortune has approached the City about utilizing parking spaces at the City parking facility (the "City Facility") located under the Lehman Causeway or Heritage Park Parking Garage, as more particularly described in Exhibit "B", for off-site parking to accommodate potential overflow from the patrons of the Beach Club, WHEREAS, the City desires to enter into an exclusive parking license agreement with Fortune for the use of up to sixty (60) parking spaces located within the City Facility as a condition of the City's approval of the Pennit; and NOW, THEREFORE, in consideration of the execution and delivery of this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: L Recitals. The foregoing recitals are true and correct and are incorporated herein in their entirety. 2. Use of City Facility. The City hereby lic,:mses to Fortune the right to use up to sixty (60) parking spaces located within the City Facility to accommodate potential overflow parking from patrons of the Beach Club. The parking spRees shall be utilized only by Fortune's valet operator for the Resort and no self-parking will be permitted. No other use of the City Facility by Fortune is permitted without written permission from the City. It is understood and agreed that the spaces shall be utilized by Beach Club members and Fortune and its valet operator shall be permitted to park vehicles at the designated parking facility with appropriate parking passes, approved by the City. 3, License Fee. Fortune shall pay $65.00 per parking space on a monthly basis during the first two (2) years of this Agreement, and $85.00 during the third year of this Agreement Thereafter, Fortune shall pay $95.00 per parking space, which is adjustable on a yearly basis by the lessor of 3% or the Consumer Price Index. The monthly license fee shall be MIADOCS 3364234 4 3113/09