HomeMy WebLinkAboutReso 2023-3458RESOLUTION NO. 2023 - 3+_
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 18975 COLLINS CONDOMINIUM
ASSOCIATION FOR USE OF A PORTION OF THE PARKING LOT UNDERNEATH 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 of Sunny Isles Beach ("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 underneath 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, 18975 Collins Condominium Association ("Armani Casa") approached the City
about using a portion of the parking lot for the parking of automobiles owned by Armani Casa's
employees, contractors, subcontractors, agents, representatives and invitees in order to
accommodate potential overflow parking in connection with the Armani Casa's condominium
project; and
WHEREAS, the City and Armani Casa desire to enter into an exclusive Parking License
Agreement for twenty-two (22) 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 Five Hundred Dollars ($5,500.00), 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 Armani Casa for use of twenty-two (22) parking spaces
in the parking lot underneath the William Lehman Causeway, at a monthly rate of Five Thousand
Five Hundred Dollars ($5,500.00), attached hereto as Exhibit "A", is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Parking
License Agreement.
Section 3. Authorization of City Manager. The City_ Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
@BCL@ACOBB4A5.docx Page 1 of 2
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19th day of Janua 23.
Larisa Svechin, Mayor
Maurizio 136tancu4, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Valerie Vicente, City Attorney
Moved by: ���eiOt��� ! Seconded
Vote:
Mayor Svechin Yes) (No)
Vice Mayor Viscarra 6 (Yes) (No)
Commissioner Joseph Yes) (No)
Commissioner Lama i/ (Yes) (No)
Commissioner Stuyvesant ' 11„ 77nTi (Yes) (No)
@BCL@ACOBB4A5.docx Page 2 of 2
CITY OF SUNNY ISLES BEACH
PARKING LICENSE AGREEMENT
This Parking License Agreement (this "Agreement") is made as of; fs' day of
2023, by and between the CITY OF SUNNY ISLES BEACH, a municipal
corporation "City") and 18975 COLLINS CONDOMINIUM ASSOCIATION ("Armani
Casa").
RECITALS
WHEREAS, Armani Casa is in need of additional parking by their employees,
contractors, subcontractors, agents, representatives and invitees in order to accommodate
potential overflow parking in connection with the Armani Casa located at 18975 Collins Ave,
Sunny Isles Beach, FL 33160 (the "Project"); and
WHEREAS, the City and Armani Casa (collectively referred to as "the Parties") desire to
enter into a exclusive parking license agreement for twenty-two (22) 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"); and
WHEREAS, the twenty-two (22) parking spaces are more particularly described and
depicted in Attachment "A" to this Agreement, which is incorporated herein by reference; and
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 Property. The City hereby licenses to Armani Casa the right to use on an
exclusive basis the twenty-two (22) designated parking spaces located within the Property, as
depicted in Attachment "A", for use by Armani Casa employees, contractors, subcontractors,
agents, representatives and invitees. No other use of the Property is permitted without the express
written permission from the City. Any vehicles not parked in the approved spaces and/or not
displaying the parking permit from the City will be ticketed by the City's Code Compliance
Division.
2.1 Limitations on Use of the Property. Armani Casa agrees that the use of the Property
is for passenger vehicles only. All vehicles parked on the Property pursuant to this Agreement
shall be free of leaking substances. Any fluid leaks, such as oil and gas, shall be cleaned up
promptly by Armani Casa. The washing, repairing or painting of vehicles on the Property is also
strictly prohibited. Armani Casa shall not permit the parking of any derelict vehicles on the
Property. As used herein, a "derelict vehicle" shall mean an old and dilapidated motor vehicle that
is:
a) partially dismantled or wrecked; or
b) cannot be self-propelled or moved in the manner in which it originally was
intended to move; or
Page 1 of 5
c) does not display a current license plate.
2.2 Agreement Subject to FDOT Lease with City. Armani Casa understands and
accepts that the Property is owned by Florida Department of Transportation ("FDOT"), and
Armani Casa's Agreement with the City is subject to a Lease Agreement between the City and
FDOT for use ofthe Property ("FDOT Lease"). Pursuant to the FDOT Lease, FDOT may terminate
the FDOT Lease with the City with or without cause, and after giving notice, is entitled to the use
of all or portions of the Property, including the twenty-two (22) designated parking spaces that are
the subject of this Agreement. In the event FDOT terminates the FDOT Lease, the City will
terminate this Agreement in accordance with Section 12 herein. In the event that FDOT provides
notice to the City of its intent to utilize any or all of Armani Casa's twenty-two (22) designated
parking spaces under this Agreement, the City will provide written notice to Armani Casa of
FDOT's intent, and Armani Casa can either elect to terminate the Agreement in accordance with
Section 12 herein, or enter into a written amendment to this Agreement providing for a revised or
more limited use of the Property that does not interfere with FDOT's intended use.
3. License Fee. Armani Casa shall pay a monthly fee of Five Thousand Five Hundred
Dollars ($5,500.00) for exclusive use of the twenty-two (22) designated parking spaces located
within the Property. The payments shall be remitted to the City's Finance Department and due no
later than the 1st day of each month. The first payment under this Agreement shall be made in
advance of the first month and every subsequent month thereafter. Armani Casa will be required
to pay any City parking application fees or permit fees. Armani Casa shall be required to pay a
three percent (3%) increase annually for each subsequent year under this Agreement.
4. Term. Subject to the Parties rights to terminate the Agreement as set forth in Section 12,
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 party
signs this Agreement (the "Effective Date").
5. Cost and approval of parking signs. Armani Casa 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 Armani Casa employees, contractors, subcontractors, agents, representatives
and invitees.
6. Improvements. No structures or improvements of any kind shall be placed upon the
Property without prior written approval of the City.
7. Maintenance. Armani Casa 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. Armani Casa, 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, Armani Casa shall indemnify, defend
Page 2 of 5
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 Armani Casa employees,
contractors, subcontractors, agents, representatives and/or invitees, unless such damage or injury
is caused by the City's negligence. Armani Casa agrees to add the City as an additional insured
under its general liability insurance policy.
9. Assumption of Risk. All property belonging to Armani Casa or any of their parking
patrons of the Property authorized under this Agreement shall be at the risk of Armani Casa or
such other person only. Except for the intentional or sole negligent actions of the City or its agents
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. Armani Casa shall give
prompt notice to the City incase 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 Armani
Casa's part to be performed under the terms of this Agreement or arising from any act or negligence
of Armani Casa, or of its agents or employees, Armani Casa, upon notice from the City, shall
defend the City at Armani Casa's expense, by counsel reasonably satisfactory to the City.
10. Compliance with Law. Armani Casa shall comply with all applicable state; county and
City laws and ordinances in fulfilling its responsibilities under this Agreement. Armani Casa
agrees that the Property shall only be used by its employees, contractors, subcontractors, agents,
representatives and invitees.
11. Assignability. Armani Casa shall not assign this Agreement or any portion thereof,
without the prior written consent of the City.
12. Termination. Either party shall have the right to terminate this Agreement with immediate
effect, and without prior notice.
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.
SIGNATURE PAGE TO FOLLOW]
Page 3 of 5
WITNESS:
J
gnature
s LDAP L c yr,' deco
Print Name
City Clerk
1
Department Head
COLLINS CONDOMINIUM
C^I I N, InN C.
its President
Tp.
Date
CITY OF Y SLES BEACH
BY:
Larisa Svechin, Mayor
I1-9DI2
Date
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
alerie Vicente, City Attorney
Page 4 of 5
Attachment "A"
Page 5 of 5
c
co
z L P 10I
12a 1T
o
ID
v (VtV) -AAV SNIl100
z0
TICOI
ui
1 a
n.
0
0
F-
00
J
F-
U) U)
W
O3:
0
H
Q
LU
IEI
N
NO
N
N
N
r
N
0
Fc r pLOO-
OF suM h�
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Stan Morris, City Manager
DATE: January 19, 2023
RE: Approving a Parking Agreement with Armani Casa
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Armani Casa approached the City requesting a parking agreement for spaces under the Williarr
Lehman Causeway. Armani Casa is in need of additional parking by their employees, contractors,
subcontractors, agents, representatives, and invitees in order to accommodate potential overflow
parking.
ADDITIONAL INFORMATION:
The rate is $5,500 per month for twenty-two spaces. Payment must be made in advance of the first
month and every subsequent month thereafter. Either the City or Armani Case have the right to
terminate the Agreement with immediate effect, and without prior notice. Armani Casa will add the
City as an additional insured under its general liability policy.
ATTACHMENTS:
Resolution
Parking License Agreement
Item Number: 10.E