HomeMy WebLinkAboutReso 2023-3491RESOLUTION 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 JP MORGAN CHASE BANK, NA, FOR
PARKING SPACES ALONG ATLANTIC BOULEVARD, BETWEEN 177TH DRIVE AND
175TH TERRACE, 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, JP Morgan Chase Bank, NA ("Chase") approached the City requesting parking
spaces for automobiles owned by Chase's employees; and
WHEREAS, the City and Chase desire to enter into an non-exclusive Parking License
Agreement for ten (10) parking spaces along Atlantic Boulevard, between 177th Drive and 1751h
Terrace for a monthly fee of Two Thousand Five Hundred Dollars ($2,500.00), 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 JP Morgan Chase Bank, NA for use of ten (10) parking
spaces along Atlantic Boulevard, between 177th Drive and 175th Terrace for a monthly fee of Two
Thousand Five Hundred Dollars ($2,500.00), plus sales tax, attached hereto as Exhibit "A".
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 thl
Larisa Svechin, Mayor
R2023 Chase Bank Parking Agreement Page 1 of 2
Mauricib Betancur, SMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
alerie Vicente, City Attorney
Moved by:�k ',��(�?� f,+ Seconded by: IL ' �✓%
Vote:
Mayor Svechin
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant..-y.�-&f.
Commissioner Viscarra
✓(yes)
(No)
(Yes)
(No)
Yes)
(No)
Yes) (No)
(Yes) (No)
@BCL@E0063851.docx Page 2 of 2
PID: 143695
CITY OF SUNNY ISLES BEACH
NONEXCLUSIVE PARKING LICENSE AGREEMENT
This Nonexclusive Parking License Agreement (this "Agreement") is made as of
day of Mf IL 2023 (the "Effective Date"), by and between the CITY OF SUNNY ISLES
BEACH, a municipal corporation (the "City") and JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, a national banking association ("Chase").
RECITALS
WHEREAS, Chase is in need of additional employee parking in connection with the Chase
Bank located at 17760 Collins Avenue, Sunny Isles Beach, FL 33160; and
WHEREAS, the City and Chase (collectively referred to as "the Parties") desire to enter
into a nonexclusive parking license agreement for ten (10) parking spaces along Atlantic
Boulevard between 177"' Drive, and 175th Terrance, as more particularly described and depicted
in Attachment "A" to this Agreement, which is incorporated herein by reference (the "Property");
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 Chase the right to use, on a nonexclusive basis,
ten (10) parking spaces located within the Property (the, "Parking Spaces"), as depicted in
Attachment "A", for use by Chase employees. The license includes Chase's right to use, in
common with others, the common areas of the Property, including any gates, driveways and
sidewalks, to the extend necessary for reasonable access to and from the Parking Spaces. No other
use of the Property is permitted without the express written permission from the City. Any vehicles
not parked within the Parking 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 Parking Spaces. Chase agrees that the use of the Parking
Spaces is for passenger vehicles only. All vehicles parked on the Parking Spaces pursuant to this
Agreement shall be free of leaking substances. Any fluid leaks, such as oil and gas, shall be cleaned
up promptly by Chase. The washing, repairing or painting of vehicles on the Parking Spaces is
also strictly prohibited. Chase shall not permit the parking of any derelict vehicles on the Parking
Spaces. 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.
3. License Fee. Chase shall pay a monthly fee of Two Thousand Five Hundred Dollars ($2,500.00),
plus sales tax, for nonexclusive use of the Parking Spaces. Should the sales tax rate change under
the Florida Sales Tax Statute or other applicable statutes, Chase shall pay the City the amounts
reflective of such changes. The payments shall be remitted to the City's Finance Department and
due no later than the 1 st day of each month. First month payment shall be remitted to the City
within fifteen (15) days following the Effective Date, provided City has delivered Chase all
necessary documents to set up payments, as set forth in Section 16 below. Chase will be required
to pay any City parking application fees or permit fees. Chase shall be required to pay a three
percent (3%) increase annually for each subsequent anniversary 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.
5. Notice. Any notices required by this Agreement shall be in writing and shall be deemed to have
been properly given if transmitted by overnight mail, registered or certified mail with postage
prepaid return receipt requested, or by a private postal service, addressed to the Parties (or their
successors) at the following addresses:
If to the City:
Stan Morris
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1701
With a copy to:
City Attorney Office
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1767
If to Chase:
JPMorgan Chase Bank, National
With a copy to:
Association
JPMorgan Chase Bank, National
1111 Polaris Parkway
Association
Mail Code OH 1-0241
1111 Polaris Parkway
Columbus, Ohio 43240-2050
Mail Code OH1-0274
Attn: Property Administration
Columbus, Ohio 43240-2050
Manager
Attn: Real Estate Strategic Plan
Director
With a copy to:
JPMorgan Chase Bank, National
Association
Legal Department
1111 Polaris Parkway
Mail Code OHI -0152
Columbus, Ohio 43240-2050
Attn: Real Estate Counsel
6. Improvements. No structures or improvements of any kind shall be placed upon the Parking
Spaces without prior written approval of the City.
7. Maintenance. Chase shall keep and maintain the Parking Spaces within the Property in good
and clean condition, including the regular removal of all litter and trash. Except for Tenant's
Page 2 of 6
requirements set forth herein, the City shall maintain the Property in compliance with all laws.
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 Parking Spaces under this Agreement and the contents therein. Chase, 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 Parking Spaces under this Agreement and the
contents therein. To the extent permitted by law, and except to the extent caused by the sole
negligence or intentional misconduct of the City, Chase 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 Parking Spaces by Chase's employees. Chase agrees to add the City as
an additional insured under its general liability insurance policy. Notwithstanding anything
contained in the Agreement to the contrary, Chase shall have the right to self -insure for any
insurance requirements contained herein.
9. Assumption of Risk. All property belonging to Chase or any of their parking patrons of the
Parking Spaces authorized under this Agreement shall be at the risk of Chase 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 Parking Spaces under this Agreement. Chase 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 Chase's part to be
performed under the terms of this Agreement or arising from any act or negligence of Chase, or of
its agents or employees, Chase, upon written notice from the City, shall defend the City at Chase's
expense, by counsel reasonably satisfactory to the City.
10. Compliance with Law. Chase shall comply with all applicable state, county and City laws and
ordinances in fulfilling its responsibilities under this Agreement. Chase agrees that the Parking
Spaces shall only be used by its employees.
11. Assignability. Chase 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 on 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.
Page 3 of 6
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.
16. Payment Documents. The City agrees to provide to Chase the required forms and information
necessary to make payments under this Agreement, including but not limited to a W-9 form issued
by the Internal Revenue Service and a Landlord Contact Information Form.
17. Broker. Chase and the City each represent to the other that it has not dealt with a real estate
broker in connection with this Agreement.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be deemed to be an original, and all of such counterparts shall constitute one document. To
facilitate execution of this Agreement, the Parties hereto may execute and exchange, by telephone
facsimile or electronic mail PDF, counterparts of the signature pages. Signature pages may be
detached from the counterparts and attached to a single copy of this Agreement to physically form
one document.
19. Authority; Consent. Each of the Parties hereto represents and warrants to the other that the
person executing this Agreement on behalf of such party has the full right, power and authority to
enter into and execute this Agreement on such party's behalf. Chase and the City represent and
warrant to other that there are no parties whose consent is required to this Agreement, and each
party shall indemnify, defend and hold the other harmless from any damages or liability, including
reasonable attorneys' fees and court costs, incurred as a result of the other parties' failure to obtain
any such required consents.
20. OFAC. Chase and the City each represents and warrants to the other that neither it, nor any of
its affiliates or agent(s) acting on behalf of it with respect to this Agreement (i) is listed on the
Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign
Asset Control, Department of the Treasury ("OFAC") pursuant to Executive Order number 13224,
66 Federal Register 49079 (September 25, 2001) (the "Order"); (ii) is listed on any other list of
terrorists or terrorist organizations maintained pursuant to the Order, the rules and regulations of
the OFAC or any other applicable requirements contained in any enabling legislation or other
executive orders in respect of the Order (the Order and such other rules, regulations, legislation,or
orders are collectively called the "Orders"); (iii) is engaged in activities prohibited in the Orders;
or (iv) has been convicted, pleaded nolo contendere, indicted, arraigned or detained on charges
involving money laundering or predicate crimes to money laundering.
21. Code of Conduct. The City and Chase each respectively agree that (i) it does not support bribery
and corruption, and (ii) it will comply with laws regarding bribery and corruption as such laws may apply
to the conduct of its business.
[SIGNATURE PAGE TO FOLLOW]
Page 4 of 6
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate
on the day and year first written above.
ATTEST:
BY: �� 1
Mauricio B tanc
CMC City Clerk
;.
Department Head
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION, a national
Il5rAfijW9Q&ya othy Westall
06.2023-03-31 13:02:53 EDT
Signature
Print Name
Executive Director
Title
CITY F SLE BEACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY.
® 'Fp�
Vale 'e Vicente, City A�ttorn—ey-
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