HomeMy WebLinkAboutReso 2014-2191RESOLUTION NO. 2014-.219 (
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 NEWPORT HOSPITALITY, LLC.
FOR USE OF A PORTION OF THE PARKING LOT
UNDERNEATH THE SUNNY ISLES BOULEVARD BRIDGE,
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 lots and
surrounding property under the William Lehman Causeway (collectively the `'Parking Lots "):
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, Newport Hospitality, LLC approached the City about using a portion of
the parking lot underneath the Sunny Isles Boulevard Bridge for the parking of automobiles
owned by visitors of the Newport Beachside Hotel and Resort, and
WHEREAS, the City and Newport Hospitality desire to enter into an exclusive Parking
License Agreement for parking spaces in the parking lot located underneath the Sunny Isles
Boulevard Bridge at 287 Sunny Isles Boulevard, for a period of five (5) years 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 Newport Hospitality, LLC. for use of parking spaces
in the parking lot located underneath the Sunny Isles Boulevard Bridge at 287 Sunny Isles
Boulevard, 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- Netiport Hospitality PU License Agmt Siblvd BridgePage I of 2
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 20t1i day of February 2014
ATTEST:
Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SYFFICIENCY:
ty Attorney
Vote: 5 —d
Norman S. Edelcup, Mayor
i
Moved by: (Io c Se.E iol,L.
Seconded by: L C_Q, 1 S 04yv fl\r
Mayor Edelcup
V(Yes)
(No)
Vice Lewis Aelion
_(Yes)
(No)
Commissioner Gatto
(Yes)
(No)
Commissioner Levin
Yes)
(No)
Commissioner Scholl
(Yes)
(No)
82014- Newport Hospitality Pk-, License ngnit Siblvd BridgePage 2 of 2
S,NNY 14,P
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OF Ar
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CITY OF SUNNY ISLES BEACH
F,C➢', �f`•SOR�NC tt PARKING LICENSE AGREEMENT
This Parking License Agreement (this "Agreement ") is made as of the Zvi day of
fi�wlmc I 12014, by and between the CIT)' OF SUNNY ISLES BEACH,
a municipal c rporation (the "City ") and NEWPORT HOSPITALITY, LLC ( "Newport") and /or
assigns.
RECITALS
WHEREAS, the City and Newport (collectively referred to as "the Parties ") desire to
enter into an exclusive agreement whereby visitors of the Newport Beachside Hotel and Resort
located at 16701 Collins Avenue, Sunny Isles Beach, FL, 33160, may park their vehicles in the
parking lot located underneath the Sunny Isles Beach Boulevard 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:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
in their entirety.
2. Use of the Sunny Isles Boulevard Bridge Parking Lot. The City hereby
licenses to Newport the right to use on an exclusive basis parking spaces located within the
Property to accommodate potential overflow parking from patrons of the Newport Beachside
Hotel and Resort. The parking spaces may be utilized only by patrons of the Newport Beachside
Hotel and Resort. No other use of the Property is permittee without the express written
permission from the City.
3. License Fee. Newport shall pay a monthly fee of $6,000.00 (Six Thousand
Dollars) for exclusive use of the parking spaces located within the Property. The payments shall
be due no later than the 15th day of each month.
4. Term. The term of this Agreement shall be for five (5) years. This Agreement
may be canceled by the City if its agreement with FDOT is terminated or if Newport fails to
timely send any monthly fee to the City. Notwithstanding the above, Newport shall have a thirty
(30) day cure period to correct any default under this Agreement. This agreement shall
commence on the date the last party signs this agreement (the "Effective Date ").
5. Costs and approval of parking signs. The parties agree to share equally the
costs associated with constructing and placing signs stating tha; the parking spaces on the
Property shall only be utilized by patrons of Newport Beachside Hotel and Resort.
Newport shall be required to obtain the prior written approval from the City prior to the signs
being installed on the Property.
6. Improvements. No structures or improvements of any kind shall be placed upon
the Property without prior written approval of the City.
7. Maintenance. Newport 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 lice,rsing 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.
Newport, 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 ?he 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, Newport 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 pe,,son, or to the property, goods,
wares and merchandise of any person, arising from the use cf the Property by patrons of
Newport Beachside Hotel and Resort.
9. Assumption of Risk. All property belonging to Newport or any their parking
patrons of the Property authorized under this Agreement shall be }here at the risk of Newport 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. Newport 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 b,,i reason of any obligation on
Newport's part to be performed under the terms of this Agreement or arising from any act or
negligence of Newport, or of its agents or employees, Newport, upon notice from the City, shall
defend the City at Newport's expense, by counsel reasonably satisv'actory to the City.
10. Compliance with Law. Newport shall comply A th all applicable state, county
and City laws and ordinances in fulfilling its responsibilities under this Agreement. Newport
agrees that the Property shall only be used by its employees, contractors, agents, and invitees, to
accommodate potential overflow parking from patrons of the Newport Beachside Hotel and
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. Binding. The provisions of this Agreement shaji 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: NEWPOR I SPIT,,A#'fjY, LLC
Signature BY:
Dr. Robert . Cornfeld
Print Name
WITNESS #2:
Signature
Print Name
ATTEST:
BY:
Jane A. Hines, MMC, City Clerk
CITY OF SUNNY ISLES BEACH
s,
BY:
Christopher J usso, City Manager
APPROVED AS TO FORM AND
LEGAL SVWi dEAY
BY:
, 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
Newport Hospitality, LLC Parking Agreement
RECOMMENDATION:
It is recommended that the City Commission approve this item.
REASONS:
Newport Hospitality, LLC approached the City requesting a parking agreement
for spaces under the Sunny Isles Boulevard Bridge. Parking throughout the City
is extremely limited.
ADDITIONAL INFORMATION:
The rate is $6,000.00 per month for essentially thirty (30) spaces. Payment must
be made by the 15th day of each month. The term of this agreement shall be for
five (5) years, and may be cancelled by the City at any time.
FUNDING SOURCE:
Revenues generated will be deposited into the General Fund.
ATTACHMENTS:
• Resolution
• Parking Agreement
Agenda Item No. 101
Date 2!20/2014
199