HomeMy WebLinkAboutReso 2014-2192RESOLUTION NO. 2014 - 2 ,Lq_;�,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A PARKING
LICENSE AGREEMENT BETWEEN THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AND M RESORT RESIDENCES
CONDOMINIUM ASSOCIATION, INC. D /B /A MARENAS
RESORT FOR USE OF A PORTION OF THE PARKING LOT
UNDER THE WILLIAM LEHMAN CAUSEWAY, ATTACHED
HERETO AS EXHIBIT "A "; AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT; AUTHORIZING
THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City previously entered into a lease agreement ( "FDOT Lease ") with
the Florida Department of Transportation ( "FDOT ") for the use of the parking lot and
surrounding property under the William Lehman Causeway (collectively the "Parking Lot "); and
WHEREAS, the City has been given permission by FDOT to collect a daily fee from the
general public for the use of parking lots; and
WHEREAS, Marenas approached the City about using a portion of the parking lot to
accommodate potential overflow parking from patrons of the Marenas Resort; and
WHEREAS, the City and Marenas Resort desire to enter into an exclusive Parking
License Agreement on a month -to -month basis, for thirty (30) parking spaces in the parking lot
located underneath the William Lehman Causeway at State Road (SR) 856 /William Lehman
Causeway/NE 192nd Street and Collins Avenue, for a monthly fee of Six Thousand Dollars
($6,000.00). attached hereto as Exhibit "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Parking, License Agreement. The Parking License Agreement by and
between the City of Sunny Isles Beach and M Resort Residences Condominium Association, Inc.
d /b /a Marenas Resort for use of thirty (30) parking spaces in the parking lot located underneath
the William Lehman Causeway, at a monthly rate of Six Thousand Dollars ($6,000.00), attached
hereto as Exhibit "A ", is hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said Parking License Agreement.
R2014- Marenas Pkg License ngmt Lehman Cswy Page I o1'2
Section 3. Authorization of the City Attorney and the City Manama The City Attorney and
the City Manager are hereby authorized to do all things necessary to effectuate this Agreement.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 20 °i day of February 2014.
ATTEST:
h ' a4'v�.
Jane A. Hines, MMC, City Clerk
APPRO D TO FORM
AND LE AtLMUFFICIENCY:
ity Attorney
Vote: 6 —b
�et
orman S. Edelcup, Mayor
Moved by:
Seconded by: COwy w�� L l
Mayor Edelcup
A,,-_(Yes)
(No)
Vice Lewis Aelion
t/ (Yes)
(No)
Commissioner Gatto
✓(Yes)
(No)
Commissioner Levin
_ ✓ Yes)
(No)
Commissioner Scholl
1/ (Yes)
(No)
82014- Marenas Ilk-, License Agmt Lehman C'swy Page 2 of 2
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z CITY OF SUNNY ISLES BEACH
f •:,.,�,�,���.� PARKING LICENSE AGREEMENT
This Parking License Agreement (this "Agreement ") is made as of the .a day of
DwQqn bec , 2013, by and between the CITY OF SUNNY ISLES BEACH,
a municipal corporation (the "City ") and M RESORT RESIDENCES CONDOMINIUM
ASSOCIATION, INC. d/b /a MARENAS RESORT ( "Marenas ") and/or assigns.
RECITALS
WHEREAS, the City and Marenas (collectively referred to as "the Parties ") desire to
enter into a parking license agreement whereby visitors of the Marenas Resort located at 18683
Collins Avenue, Sunny Isles Beach, FL, 33160, may park their vehicles in the parking lot located
underneath the William Lehman Causeway Bridge (hereinafter referred to as the "Property ").
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:
Recitals. The foregoing recitals are true and correct and are incorporated herein
in their entirety.
2. Use of the William Lehman Causeway Bridge Parking Lot. The City hereby
licenses to Marenas the right to use, on an exclusive basis, thirty (30) designated parking spaces
located within the Property to accommodate potential overflow parking from patrons of the
Marenas Resort. The parking spaces may be utilized only by patrons of the Marenas Resort. No
other use of the Property is permitted without the express written permission from the City. The
Thirty (30) spaces shall be assigned by the City. Any vehicles not parking in the approved
spaces and/or not displaying the parking permit from the City will be ticketed by the City's
Parking Department.
3. License Fee. Marenas shall pay a monthly fee of $6,000.00 (Six Thousand
Dollars) for exclusive use of the thirty (30) designated parking spaces located within the
Property. The payments shall be remitted to the City's Code and Parking Department and due no
later than the Is` day of each month. The first payment under this Agreement shall be made in
advance of the first month and every subsequent month thereafter. Marenas will be required to
pay any City parking application fees or permit fees.
4. Term. This agreement shall remain in effect on a month to month basis, unless
otherwise cancelled by either Party upon written notice to the other Party. This agreement shall
commence on the date the last party signs this agreement (the "Effective Date ").
5. Costs and approval of parking signs. Marenas shall reimburse to the City the
costs associated with constructing and placing signs stating that the parking spaces on the
Property shall only be utilized by patrons of Marenas Resort.
6. Improvements. No structures or improvements of any kind shall be placed upon
the Property without prior written approval of the City.
7. Maintenance. Marenas shall keep and maintain the parking spaces licensed
under this Agreement within the Property in good and clean condition, including the
regular removal of all litter and trash.
8. Indemnification. This Agreement is one of licensing of property and is not a
bailment. The parties agree that the City shall not assume any responsibility for the vehicles
licensed to be parked within the Property under this Agreement and the contents therein.
Marenas, as a material part of the consideration to be rendered to the City under this Agreement,
to the extent permitted by law, hereby waives all claims against the City, its agents servants or
employees for loss, theft or damage to vehicles licensed to be parked within the Property under
this Agreement and the contents therein. To the extent permitted by law, Marenas shall
indemnify, defend and hold the City, its employees and public officials, agents, and servants
harmless from, and on account of, any damage or injury to any person, or to the property, goods,
wares and merchandise of any person, arising from the use of the Property by patrons of
Marenas Resort. Marenas agrees to add the City as an additional insured under its general
liability insurance policy.
9. Assumption of Risk. All property belonging to Marenas or any their parking
patrons of the Property authorized under this Agreement shall be there at the risk of Marenas or
such other person only. Except for the intentional or sole actions of the City or its agent or
employees, the City, its employees and public officials, and agents shall not be liable for injury
to persons, or damage to, or theft of, or misappropriation of such property by any means
whatsoever resulting from the use of the Property under this Agreement. Marenas shall give
prompt notice to the City in case of any such injury, damage, theft, or misappropriation. In case
any action or proceeding should be brought against the City by reason of any obligation on
Marenas' part to be performed under the terms of this Agreement or arising from any act or
negligence of Marenas, or of its agents or employees, Marenas, upon notice from the City, shall
defend the City at Marenas' expense, by counsel reasonably satisfactory to the City.
10. Compliance with Law. Marenas shall comply with all applicable state, county
and City laws and ordinances in fulfilling its responsibilities under this Agreement. Marenas
agrees that the Property shall only be used by its employees, contractors, agents, and invitees, to
accommodate potential overflow parking from patrons of the Marenas Resort.
11. Termination. Either party shall have the right to immediately terminate this
Agreement without cause upon written notice to the other party.
12. Attorneys Fees. In the event of any dispute arising out of or related to this
Agreement, the prevailing party shall be entitled to receive from the other party the reasonable
attorneys' fees, costs and disbursements and court costs incurred by the prevailing party through
the trial and all appellate levels and including any of same incurred in connection with
enforcement of judgments and other collection costs.
13. Bindin . The provisions of this Agreement shall be binding upon the parties
thereto and their respective successors and /or assigns.
14. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and may not be changed, altered or modified except by an instrument in writing signed by
the party against whom enforcement of such change would be sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
WITNESS #1:
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Print Name
WITNESS #2:
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ignature
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Print Name
ATTEST:
B -
Jane A. Hines, MMC, City Clerk
M RESORT RESIDENCES
CONDOMINIUM ASSOCIATION, INC.
d/b /a MARENAS RESORT
I:
No- (S""'
Saj- eA ,J
CITY OF SUNNY ISLES BEACH
BY:
Christopher T. Russo, City Manager
APPROVED AS TO FORM AND
LEGAL SUEhICIENCY
C`3,
City Attorney
44J1dNY �3�
City of Sunny Isles Beach
18070 Collins Avenue
= Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Stan Morris, Deputy City Manager
DATE: 2/20/2014
RE: Marenas Parking Agreement
RECOMMENDATION:
It is recommended that the City Commission approve this item.
REASONS:
Marenas approached the City requesting a parking agreement for spaces under
the William Lehman Causeway. Parking throughout the City is extremely limited.
ADDITIONAL INFORMATION:
The rate is $6,000.00 per month for thirty spaces. Payment must be made one
month in advance each month. This is a month to month agreement and may be
cancelled by the City at any time. Marenas will also add the City as an additional
insured under its general liability policy.
FUNDING SOURCE:
Revenues generated will be deposited into the General Fund.
ATTACHMENTS:
• Resolution
• Parking Agreement
Agenda Item No. 101
Date 2%20/2014
205