HomeMy WebLinkAboutReso 2014-2193RESOLUTION NO. 2014 - -ZJ I
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 REGALIA BEACH
DEVELOPERS, LLC. ( "REGALIA ") 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 has 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, Regalia approached the City about using a portion of the parking lot for the
parking of automobiles owned by employees of Regalia, contractors, subcontractors, agents,
representatives and invitees in order to accommodate potential overflow parking in connection
with the Regalia condominium project; and
WHEREAS, the City and Regalia desire to enter into an exclusive Parking License
Agreement for twenty (20) parking spaces in the parking lot located underneath the William
Lehman Causeway at State Road (SR) 856 /William Lehman Causeway/NE 192A Street and
Collins Avenue, for a monthly fee of Four Thousand Dollars ($4,000.00). 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 Regalia Beach Developers, LLC. for use of twenty
(20) parking spaces in the parking lot located underneath the William Lehman Causeway, at a
monthly rate of Four Thousand Dollars ($4,000.00), 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- Regalia Pkg License Agmt Lehman Cswy Page I of 2
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said Parking License Agreement.
Section 3. Authorization of the City Attorney and the City Manager. 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`l' day of February 2014.
82014- Regalia Pkg License Agmt Lehman Cswy Page 2 of 2
orman S. Edelcup, Mayor
ATTEST:
Jane A. Hines, MMC, City Clerk
APPRO D S O ORM
AN EG CIENCY:
Hans in , City ttorney
Moved by: t� scqu—L-
Seconded by: V, C.Q ,r
C ti
Vote:
Mayor Edelcup
✓ (Yes) (No)
Vice Lewis Aelioni
— (Yes) (No)
Commissioner Gatto
(Yes) (No)
Commissioner Levin
(Yes) (No)
Commissioner Scholl
(Yes) (No)
82014- Regalia Pkg License Agmt Lehman Cswy Page 2 of 2
"ryNl ItIE
OF i
oa) CITY OF SUNNY ISLES BEACH
!o; PARKING LICENSE AGREEMENT
This Parkino License Agreement (this "Agreement ") is made as of the UTfday of
t_KU . 2014, by and between the CITY OF SUNNY ISLES BEACH, a
mu icipal corporation (the "City') and REGALIA BEACH DEVELOPERS. LLC. (Regalia')
and/or assigns.
RECITALS
WHEREAS, Regalia is in need of additional parking by Regalia's employees.
contractors. subcontractors, agents, representatives and invitees in order to accommodate
potential overflow parking in connection with the Regalia project located at 19505 Collins
Avenue (the "Project'); and
WHEREAS, the City and Regalia (collectively referred to as "the Parties') desire to enter
into a exclusive parking license agreement for twenty (20) parking spaces in the parking lot
located underneath the William Lehman Causeway at State Road (SR) 856 /William Lehman
Causeway/NE 192 "d Street and Collins Avenue (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:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
in their entirety.
2. Use of William Lehman Causewav Parking Lot. The Citv hereby licenses to
Regalia the right to use on an exclusive basis twenty (20) designated parking spaces located
within the Property for use by Regalia's employees; contractors; subcontractors; agents.
representatives and invitees in order to accommodate potential overflow parking in connection
with the Project. No other use of the Property is permitted without the express written
permission from 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. The parking
area may be fenced for security purposes subject to approval from the City and the Florida
Department of Transportation ( "FDOT "). The type, design and location of the fence and fence
material shall be chosen by the City. Regalia shall reimburse the City the costs associated with
permitting, construction and maintenance of the fence.
3. License Fee. Regalia shall pay a monthly fee of $4,000.00 (Four Thousand
Dollars) for exclusive use of the twenty (20) 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 I" day of each month. The first payment under this Agreement shall be made in
advance of the first month and every subsequent month thereafter. Regalia will be required to
pay any City parking application fees or permit fees. Regalia shall be required to pay a 5% (five
percent) increase annually for each subsequent year under this Agreement.
4. Term. This agreement shall remain in effect on a month to month basis, with a
total maximum term length not to exceed five (5) years. This Agreement shall commence on the
date the last party signs this agreement (the "Effective Date "). This agreement may be canceled
by the City if its agreement with FDOT is terminated or if Regalia fails to timely send any
monthly fee to the City.
5. Costs and approval of parking signs. Regalia 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 Regalia's employees, contractors, subcontractors, agents.
representatives and invitees in order to accommodate potential overflow parking in connection
with the Project.
6. Improvements. No structures or improvements of any kind shall be placed upon
the Property without prior written approval of the City.
7. Maintenance. Regalia 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.
Regalia, 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, Regalia 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 Regalia's
employees, contractors, subcontractors, agents, representatives and/or invitees in order to
accommodate potential overflow parking in connection with the Project. Regalia agrees to add
the City as an additional insured under its general liability insurance policy.
9. Assumption of Risk. All property belonging to Regalia or any of their parking
patrons of the Property authorized under this Agreement shall be at the risk of Regalia or such
other person only. Except for the intentional or sole negligent 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. Regalia 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
Regalia's part to be performed under the terms of this Agreement or arising from any act or
negligence of Regalia, or of its agents or employees. Regalia, upon notice from the City, shall
defend the City at Regalia' expense, by counsel reasonably satisfactory to the City.
10. Compliance with Law. Regalia shall comply with all applicable state, county
and City laws and ordinances in fulfilling its responsibilities under this Agreement. Regalia
agrees that the Property shall only be used by its employees, contractors, subcontractors, agents,
representatives and invitees in order to accommodate potential overflow parking in connection
with the Project.
11. Assignability. This Agreement may be assigned by Regalia to its association
with the written consent of the City.
12. Termination. Either party shall have the right to immediately terminate this
Agreement within one hundred eighty (180) days written notice to the other party.
13. 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.
14. Binding. The provisions of this Agreement shall be binding upon the parties
thereto and their respective successors and /or assigns.
15. 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 #I:
%b U
S lure
Print Name
\ \'ITr'ESS
Signatur \
Print Name
REGALIA BEACH DEVELOPER
LLC
M
Louis R. Montello, Manager
ATTES '
BY:
1� 4�H�
MMC, City Clerk
CITY OF SUNNY ISLES BEACH
BY:
hristopher J. Russo, City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
Stan Morris, Deputy City Manager
2/20/2014
Regalia Parking Agreement
RECOMMENDATION:
It is recommended that the City Commission approve this item.
REASONS:
Regalia Beach Developers, LLC 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 $4,000.00 per month for twenty spaces. Payment must be made on
the 1st day of each month. The term of this agreement shall be for five (5) years
and may be cancelled by the City within one hundred eighty (180) days.
FUNDING SOURCE:
Revenues generated will be deposited into the General Fund.
ATTACHMENTS:
• Resolution
• Agreement
Agenda Item No. I OK
Date 2,20/2014
211