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Home My WebLink AboutReso 2019-2907 RESOLUTION NO. 2019 - ZQo/ A RESOLUTION OP 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 MANAGER AND THE CITY ATTORNEY 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 Regalia's employees, 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 192nd Street and Collins Avenue, for a monthly fee of Five Thousand Dollars ($5,000.00), 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 underneath the William Lehman Causeway, at a monthly rate of Five Thousand Dollars ($5,000.00), 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. n _ Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney 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 17th day of January 2019. George H. Scholl, Mayor ATT 1ST ' Ir: Mauricio Bet. ur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: te Hans OtI not, ity Attorney Moved by: C I SG(0ik0 Cla14/1/4-d Seconded by: COW1011 (046-6":" 1-41-014 Vote: Mayor Scholl-414-X01- (Yes) (No) Vice Mayor Svechin -(Yes) (No) Commissioner Goldman ✓ (Yes) (No) Commissioner Lama _L-7-(Yes) (No) Commissioner Viscarra V (Yes) (No) 1 y�N1Nt�It��l = CITY OF SUNNY ISLES BEACH • PARKING LICENSE AGREEMENT or fVM I This Parking License Agreement (this "Agreement") is made as of the 9-I day of re Iu/fl .v� , 2019, by and between the CITY OF SUNNY ISLES BEACH, a municipal oration (the "City") and REGALIA BEACH DEVELOPERS, LLC. ("Regalia") p �rp y } ( g ) 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 192nd 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 Causeway Parking Lot, The City hereby licenses to Regalia the right to use on an exclusive basis twenty (20) designated parking spaces Iocated 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 Five Thousand Dollars ($5.000.00) 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 15` 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 three percent(3%) 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 three (3) years. This Agreement shall commence on the date the last partysigns this agreement(the"Effective Date"). 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 alia's em to ees contractors, subcontractors, agents, P Y � g representatives and invitees in order to accommodatepotential overflow parkingin connection P 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 sixty(60)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 : REGALIA BEACH DEVELOPERS, 0/041 LLC Adger • jar e et BY: _-10,47) •- 210-2; 1 Pen do Print Name WITNESS - : Signature Prin Name ._ T7 ATTEST: CITY OF SUNNY ISLES BEACH •it' BY: -.A0i' #i 11® - BY: tel"/ /46-'1"-3't Mauric • Betan•ur,CMC, City Clerk Christopher J. Russo, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: (; //J614,d___6('• ISIMESetssit City Attorney