HomeMy WebLinkAboutReso 2024-3638RESOLUTION NO. 2024 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE 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 MAYOR TO EXECUTE SAID
AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on January 19th, 2023, via Resolution No. 2023-3458, the City Commission of
the City of Sunny Isles Beach ("City") approved a Parking License Agreement with 18975 Collins
Condominium Association ("Armani Casa") for the use of twenty-two (22) parking spaces located
underneath the William Lehman Causeway (the "Parking Lot"); and
WHEREAS, Armani Casa have requested the use of an additional ten (10) parking spaces
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 Commission wishes to approve a First Amendment to the Parking
License Agreement with Armani Casa for the use of an additional ten (10) parking spaces, for a
total of thirty-two parking spaces, in the Parking Lot, for a total monthly fee of Eight Thousand
Two hundred Forty Dollars and No Cents ($8,240.00), 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 First Amendment. The City Commission hereby approves a First
Amendment to the Parking License Agreement by and between the City of Sunny Isles Beach and
Armani Casa for use of an additional ten (10) parking spaces, for a total of thirty-two parking
spaces, in the parking lot underneath the William Lehman Causeway, at a monthly rate of Eight
Thousand Two hundred Forty Dollars and No Cents ($8,240.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said First
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
R2024 First Amend w Armani Casa Parking Agreement (Lehman Cswy) Page 1 of 2
PASSED AND ADOPTED this 211t day of March 2024:
Larisa Svechin, Mayor
ATTEST APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
b
Maui icio Betan ur, CMC, City Clerk Algin E. Boileau, for Nabors, Nickerson &
Giblin, P.A., City Attorney
Moved by: Chi, Seconded by:
Vote:
Mayor Svechin /(Yes) (No)
Vice Mayor Lama (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@240BA752.docx Page 2 of 2 167
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FIRST AMENDMENT TO CITY OF SUNNY ISLES BEACH
PARKING LICENSE AGREEMENT WITH 18975 COLLINS
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THIS FIRST AMENDMENT TO THE PARKING LICENSE AGREEMENT
between the CITY OF SUNNY ISLES BEACH ("City") and 18975 COLLINS
CONDOMIPIIUM ASSOCIATION, INC. ("Armani Casa"), executed this,' day of March,
2024, is made a part of the original Parking License Agreement between the City and Armani
Casa, dated February 1, 2023 ("Agreement"), attached hereto as Attachment "A." The City and
Armani Casa hereby agree as follows:
1. USE OF PROPERTY. City and Armani Casa wish to amend Section 2 of the Agreement,
entitled "Use of Property," to add ten (10) additional designated parking spaces located within the
Property, for a total of thirty-two (32) designated parking spaces, for use by Armani Casa
employees, contractors, subcontractors, agents, representatives, and invitees, as depicted in
Attachment `B," which revises and amends Attachment "A" to the original Parking License
Agreement.
2. LICENSE FEE. City and Armani Casa also wish to amend Section 3 of the Agreement,
entitled "License Fee" to reflect the amended license fee for thirty-two (32) designated parking
spaces as follows:
Armani Casa shall pay a monthly fee of Eight Thousand Two Hundred Forty Dollars and
No Cents ($8,240.00) for exclusive use of the thirty-two (32) 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. 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.
3. TERM. City and Armani Casa also wish to amend Section 4 of the Agreement, entitled
"Term," to provide that, subject to the Parties' right to terminate the Agreement as set forth in
Section 12, the Term of the Agreement shall be on a month-to-month basis only.
4. ENTIRE AGREEMENT. City and Armani Casa also wish to amend Section 15, to add
the following sentence: "The City Manager is authorized to change, alter, or modify the Agreement
on behalf of the City.
5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated February 1, 2023,
shall remain in full force and effect.
6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements, or provisions contained in any other
document or attachment, including but not limited to Attachment "A."
18975 Collins Condominium Assoc. — First Amendment Pagel of 5
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the date mentioned above.
CONDOMINIUM
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was acknowledged before me by means ofhysical presence or ❑ p
online notarization, this J-�- day of March, 2024, by Meyer Zafiani, as President of 18975 Collins
Condominium Association, Inc.
4P ti4 Notary Public State of Flo,aa
�`"I Cofih Field
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Personally Known or Produced Identification
Type of Identification Produced:
Mawry Public, State of Florida
ature of Notary Public)
Ylv�a
t, Type, or Stamp
Commissioned Name of Notary
Publi
yFi �y Notary Public State of Florida
Hannah Field
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fdyComnnSaon HH 011460 E.pC, 06x1712024
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
18975 Collins Condominium Assoc. — First Amendment Page 2 of 5
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
t ; (305) 947-0606 phone (305).949-3113 Fax
CITY OF SUKNY ISLES BEACH
MaUricio Be
CMC City C
BY: 4
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: 9&'&XX0
Alain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
18975 Collins Condominium Assoc. — First Amendment
Page 3 of 5
170
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
18975 Collins Condominium Assoc. — First Amendment Page 4 of 5
CITY OF SUNNY ISLES BEACH
PARKING LICENSE AGREEMENT
This Parking License Agreement (this "Agreement') is made as of ��'� day of
2023, by and between the CITY OF SUNNY ISLES BEACH, a municipal
corporation ► (the "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 MOT 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 MOT 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 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. 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 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 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. Assignabi i&. 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:
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Signature
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City Clerk
Department Head
CONDOMINIUM
INC.
its President
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Date L
CITY OF,51 SLES BEACH
BY: f
Larisa Svechin, Mayor
Date
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
alerie Vicente. City ttorney
Page 4 of 5
Attachment "A"
Page 5 of 5
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
18975 Collins Condominium Assoc. — First Amendment Page 5 of 5
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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: March 21, 2024
RE: Approval of a First Amendment to the parking agreement with Armani Casa
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Armani Casa approached the City requesting additional parking spaces under the William Lehman
Causeway. Armani Casa currently has an approved parking agreement under Resolution No. 2023-3458
for twenty-two (22) parking spaces. However, Armani Casa requires more parking spaces to
accommodate their employees, contractors, subcontractors, agents, representatives, and invitees.
ADDITIONAL INFORMATION:
The new rate will be $8,240 per month for thirty-two (32) spaces. Either the City or Armani Case have
the right to terminate the Agreement with immediate effect, and without prior notice.
ATTACHMENTS:
Resolution
First Amendment
Item Number: 10.G
165