HomeMy WebLinkAboutReso 2023-3471RESOLUTION NO. 2023 -
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. FOR USE
OF A PORTION OF THE PARKING LOT UNDER THE WILLIAM LEHMAN CAUSEWAY,
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; 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 use of
the parking lot and surrounding property under the William Lehman Causeway (collectively the
"Parking Lot"); and
WHEREAS, the City has the permission of FDOT to collect a fees from the general public
for the use of the Parking Lot; and
WHEREAS, Regalia Beach Developers, LLC. ("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; and
WHEREAS, the City and Regalia desire to enter into an exclusive Parking License
Agreement for twenty (20) parking spaces in the Parking Lot for a monthly fee of Five Thousand
One Hundred Fifty Dollars ($5,150.00), plus sales tax, 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 One Hundred Fifty Dollars ($5,150.00), plus sakes tax, 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 Agreement.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 16th day of February 2023.
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ATTESTwR''
Mauricto Betancur, CVC, City Clerk
LaWa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
A
Va ie Vicen e, City Attorney
Moved by: Seconded by:
Vote:
Mayor Svechin
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
Yes) (No)
(Yes) (No)
(Yes) (No)
��(Yes) (No)
(Yes) (No)
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CITY OF SUNNY ISLES BEACH
PARKING LICENSE AGREEMENT
This Parking License Agreement (this "Agreement") is made as of`2Zkoday of
2023, by and between the CITY OF SUNNY ISLES BEACH, a municipal
corporation (the "City") and REGALIA BEACH DEVELOPERS, LLC. ("Regalia").
RECITALS
WHEREAS, Regalia 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 Regalia located at 19505 Collins Avenue,
Sunny Isles Beach, FL 33160 (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"); and
WHEREAS, the twenty (20) 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 Regalia the right to use on an exclusive
basis the twenty (20) designated parking spaces located within the Property, as depicted in
Attachment "A", for use by Regalia 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 PropertX. Regalia 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 Regalia. The washing, repairing or painting of vehicles on the Property is also strictly
prohibited. Regalia 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
(c) does not display a current license plate.
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2.2 Agreement Subject to FDOT Lease with City. Regalia understands and accepts that
the Property is owned by Florida Department of Transportation ("FDOT"), and Regalia's
Agreement with the City is subject to a Lease Agreement between the City and FDOT for use of
the 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 Regalia's twenty-two (22) designated parking spaces
under this Agreement, the City will provide written notice to Regalia of FDOT's intent, and
Regalia 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. Regalia shall pay a monthly fee of Five Thousand One Hundred Fifty Dollars
($5,150.00) for exclusive use of the twenty (20) designated parking spaces located within the
Property. The payments shall be remitted to the City's Finance Department and due no later than
the 1 st 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 (30/0)
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. This Agreement shall
commence on the date the last party signs this Agreement (the "Effective Date").
5. Cost 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 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. 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,
Page 2 of 5
subcontractors, agents, representatives and/or invitees. 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 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. 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's 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.
11. Assi ng ability. Regalia 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:./
Signature
Print Name
i
ATTESTI�
BY:
Mauri io Be ancur,
CMC City Clerk
am
Department Head
REGALIA BEACH DEVELOPERS, LLC
Signature
Print j J�
As its e
CITY 01F SUNNY ISLES BEACH
"A
Larisa 9'vechin, Mayor
APPROVED AS TO FORM
NCY
CIE Y
AND D,a
BY:
Valerie Vicente, city Attorney
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Attachment "A"
Page 5 of 5
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Mr OF SUN' 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: February 16, 2023
RE: Approving a Parking License Agreement with Regalia
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Regalia approached the City requesting a parking agreement for spaces under the William Lehman
Causeway. Regalia 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 $5,150 per month for twenty spaces. Payment must be made in advance of the first month
and every subsequent month thereafter. Either the City or Regalia have the right to, terminate the
Agreement with immediate effect, and without prior notice. Regalia will add the City as an additional
insured under its general liability policy.
ATTACHMENTS:
Resolution
Parking License Agreement
Item Number: 10.J