Reso 2011-1676 - Laserfiche WebLink

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CITY OF SUNNY ISLES BEACH PARKING LICENSE AGREEMENT This Parking License Agreement (this "Agreement") is made as of the ~ day of R:..& 2011, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation (the "City") and NATIONAL DELI CORPORATION, D/B/A THE EPICURE MARKET - SUNNY ISLES ("Epicure") and/or assigns. RECITALS WHEREAS, Epicure is the owner and operator of property currently developed as a gourmet market and cafe located at 17190 Collins Avenue within the City (the "Property"); and WHEREAS, the City and Epicure (collectively referred to as "the Parties") desire to jointly share on a non-exclusive basis parking spaces in Epicure's parking lot; and WHEREAS, in connection with the proposed shared use of the parking spaces, the City desires to allow its residents and/or visitors to use said parking spaces in order to accommodate potential overflow from the patrons of Town Center Park located at 172 Street and Collins Avenue. 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: 1. entirety. Recitals. The foregoing recitals are true and correct and are incorporated herein in their 2. Use of Epicure Parkin!! Lot. Epicure hereby licenses to City the right to use on a non- exclusive basis parking spaces located within the Property to accommodate potential overflow parking from patrons of Town Center Park. The parking spaces may be utilized only by patrons of Town Center Park and customers of Epicure. No other use of Epicure's parking lot is permitted without written permission from Epicure. It is understood and agreed that the parking spaces will be specifically delineated as such for use only by patrons of Town Center Park or customers of Epicure. 3. License Fee. City shall pay a yearly fee of $8,799.99 (Eight Thousand Seven Hundred Ninety-Nine Dollars, Ninety-Nine Cents) for shared use of the parking spaces located within the Property, commencing on the date of execution of this Agreement (the "Effective Date") by the City. Epicure shall not charge any fees or cost to those patrons of Town Center Park who park in the parking spaces. 4. Term. This agreement shall remain in effect for one (1) year, unless otherwise cancelled by the City upon ninety (90) days written notice to the other party. If this Agreement is terminated by the City prior to expiration of the term, Epicure shall refund to the City any funds remaining as to any unexpired time period. Refunds shall be calculated on the basis of $733.33 (Seven Hundred and Thirty Three Dollars, Thirty Three Cents) monthly charge. 5. Costs and approval of parkin!! si!!ns. The parties agree to share equally the costs associated with constructing and placing signs in Epicure's parking lot stating that the parking o ~ 3" u 8,