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HomeMy WebLinkAboutReso 2014-2236RESOLUTION NO. 2014- Z?,3e,, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE PARKING LICENSE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND COASTAL CONSTRUCTION OF SOUTH FLORIDA, INC. D /B /A COASTAL CONDOMINIUMS FOR USE OF THE PARKING LOT LOCATED AT 175 STREET, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Coastal Construction of South Florida, Inc. d/b /a Coastal Condominium ( "Coastal ") is in need of additional parking for its patrons; and WHEREAS, on November 15, 2012 via Resolution No. 2012 -1999 the City Commission entered into a non - exclusive Parking Agreement to permit Coastal Construction of South Florida, Inc. d /b /a Coastal Condominiums to park vehicles at the parking lot located at 175 Street; and WHEREAS, the City Commission now wishes to approve the First Amendment to the Parking License Agreement with Coastal for use of the parking lot located at 175 Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the First Amendment to the Parking License Agreement. The First Amendment to the Parking License Agreement by and between the City of Sunny Isles Beach and Coastal Construction of South Florida, Inc. d /b /a Coastal Condominiums for use of the parking lot located at 175 Street, attached hereto as Exhibit "A ", be and the same, is hereby approved. Section 2. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of May 2014. R2014- Parking Agmt with Newport Hospitality. LLC 1 of 2 ATTEST: Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND LE6'4 AFFICIENCY: Attorney Vote: 14—o- Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl�� R2014- Parking Agmt with Newport Hospitality, LLC 2 of 2 Moved by: �1, o c_L_lo►z, Seconded by: 1_ /(Yes) (No) ✓(Yes) (No) ✓(Yes) (No) Yes) (No) (Yes) (No) Ct yVHNY 'J`ff 7 n FIRST AMENDMENT TO THE PARKING LICENSE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND COASTAL CONSTRUCTION OF SOUTH INC. D/B /A COASTAL CONDOMINIUMS This First Amendment to the Parking License Agreement (this "Agreement ") is made as of this kL day of kyr ( , 2014, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation (the "City ") and COASTAL CONSTRUCTION OF SOUTH FLORIDA, INC. D /B /A COASTAL CONDOMINIUMS ("Coastal ") and/or assigns. RECITALS WHEREAS, Coastal is in need of additional parking for its patrons; and WHEREAS, the City and Coastal previously entered into a parking agreement to permit Coastal to park vehicles and a mobile office trailer at the public parking lot located at 175`h Street (the "Property ") and to provide 8 (eight) parking space passes to be used by patrons of Coastal on a non - exclusive basis to park within the parking spaces designed by the City, via parking license agreement dated November 14, 2012, (the "Agreement ") and approved by the City Commission on November 15, 2012, via Resolution No. 2012 -1999, a copy of which is attached hereto as Exhibit "A ", and incorporated herein by reference; and WHEREAS, the original term of the Agreement was for 20 (twenty) months from the date the original Agreement was signed by both parties with a possible 4 (four) month extension, up to a maximum term not to exceed November 14, 2014; and WHEREAS, the parties desire to extend the term of the Agreement on a month to month basis, up to an extended maximum term not to exceed November 14, 2015. NOW, THEREFORE, in consideration of the execution and delivery of this First Amendment to the Parking License 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. Term. Sections 4 and 5 ("Term" and "Renewal Term ") of the original Agreement are hereby amended to reflect that the Agreement shall remain in effect on a month to month basis, up to an extended maximum term not to exceed November 14, 2015. The City shall have the right to immediately terminate this Agreement without cause upon written notice to Coastal. 3. Use of narking space area. Section 2 ( "Use of parking space area ") of the original Agreement is hereby amended to reflect that 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. 4. Monthly Rent. Section 3 ( "Monthly Rent ") of the original Agreement is hereby amended to reflect that Coastal shall pay the original rent of $6,000.00 (Six Thousand Dollars) per month until October 30, 2014, and a revised monthly rent of $6,512.00 (Six Thousand Five Hundred Twelve Dollars) commencing on November 1, 2014. The payments due shall be remitted to the City's Code and Parking Department no later than the I" day of each month. The first payment made hereunder shall be made in advance of the first month and every subsequent month thereafter. Coastal will be required to pay any City parking application fees or permit fees. 5. Indemnification. Section 8 ( "Indemnification ") of the original Agreement is hereby amended to reflect that Coastal shall be required to add the City as an additional insured under its general liability insurance policy. 6. Ticket Dispute Resolution Procedure. In the event of any dispute by Coastal, including any of their employees, agents, representatives, subcontractors and /or invitees, regarding the issuance of parking tickets by the City's Parking Department, Coastal shall be required to contact either Stan Morris, Deputy City Manager, or Helena Forbes, Code Compliance Division Manager, or their respective designees. 7. Other provisions remain in effect. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties dated November 14, 2012, and approved by the City Commission on November 15, 2012, via Resolution No. 2012 -1999, shall remain in full force and effect. 8. Conflictiny, provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, or any document or events referred to herein, or otherwise incorporated by reference, the term, statement, requirement, or provision contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to the original Agreement between the parties, attached hereto as Exhibit "A ". IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Parking License Agreement in duplicate on the day and year first written above. WITNESS #1: Print Name COASTAL CONSTRUCTION OF SOUTH FLORIDA, INC. DB /A COASTAL GO➢gbOMINIUMS representative yC� �PS�C�lL� WIT Sign ure . Y-� vp1v6Gt' Print Name ATTEST: B Jane A. Hines, MMC, City Clerk CITY OF SUNNY ISLES BEACH BY: Christopher . Russo, City Manager APPROVED LEGAL SI-F TO FORM AND 0 7t O, SJ,4 r. 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 5/15/2014 Extension of Existing Parking Agreement with Coastal Construction RECOMMENDATION: It is recommended that the City Commission approve this item. REASONS: Coastal Construction of South Florida, Inc. approached the City requesting an extension of the existing Parking Agreement that is set to expire on July 14, 2014. ADDITIONAL INFORMATION: The City has an existing parking agreement with Coastal Construction of South Florida, Inc. via Resolution No. 2012 -1999. The proposed amendment will increase the rate from $6,000.00 (six- thousand dollars) to $6,512.00 (six- thousand five hundred twelve dollars) for eight (8) parking spaces at the public parking lot located at 175th Street. This is a month to month agreement that may be terminated by the City at any time upon written notice. FUNDING SOURCE: Revenues generated will be deposited into the General Fund. Agenda Item No. I OC Date 5/15/2014 139 ATTACHMENTS: • Resolution • First Amendment to Parking License Agreement Agenda Item No. IOC Date 5; 15/2014 140