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HomeMy WebLinkAboutReso 2014-2335RESOLUTION NO. 2014 - X335 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 M RESORT RESIDENCES CONDOMINIUM ASSOCIATION, INC. DB /A MARENAS RESORT FOR USE OF A PORTION OF THE PARKING LOT UNDER THE WILLIAM LEHMAN CAUSEWAY, ATTACHED HERETO AS EXHIBIT "A'; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City 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 under 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, on February 20, 2014 via Resolution No. 2014 -2192 the City Commission approved an exclusive Parking License Agreement with Marenas Resort on a month -to- month basis, for thirty (30) parking spaces in the parking lot located underneath the William Lehman Causeway at State Road (SR) 856 /William Lehman Causeway/INE 192nd Street and Collins Avenue, for a monthly fee of Six Thousand Dollars ($6;000.00); and WHEREAS, Marenas Resort has requested a renewal of the Parking Agreement with the City on a seasonal basis to supplement Marenas Resort parking during the busy hotel season from approximately January to June of each year; and WHEREAS, the City and Marenas Resort desire to enter into an exclusive Parking License Agreement on a month -to -month basis, for thirty (30) 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 Six Thousand Dollars ($6;000.00), 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 M Resort Residences Condominium Association, Inc. d/b /a Marenas Resort for use of thirty (30) parking spaces in the parking lot located underneath 82014- Marenas Pkg License Agmt Renewal Page 1 of 2 the William Lehman Causeway, at a monthly rate of Six Thousand Dollars ($6;000.00); attached hereto as Exhibit "A ", is hereby approved. Section 2. Authorization of Citv Manager. The City Manager is hereby authorized to execute said Parking License Agreement. Section I. Authorization of the Citv Attomev and the Citv Manager. The City Attorney and the City Manager are 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 20'h day of November 2014. ATTEST: �S�rw.l �l dal/ Jane A. Hines, MMC, City Clerk U1117u'7 AND Attorney Vote: S -p Mayor Edelcup Vice Lewis Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved by: R2014- Marenas Pkg License Agmt Renewal Page 2 of 2 _V(Yes) _(No) _V(Yes) (No) V (Yes) (No) Yes) (No) (Yes) (No) This Parking License Agreement (this "Agreement ") is made as of the a04day of Decem bee 2014, by and between the CITY OF SUNNY ISLES BRACH, a municipal corporation (the "City ") and M RESORT RESIDENCES CONDOMINIUM ASSOCIATION, INC. d/b/a MARENAS RESORT ( "Marenas ") and/or assigns. RECITALS WHEREAS; the City and Marenas (collectively referred to as "the Parties') desire to enter into a parking license agreement whereby visitors of the Marenas Resort Located at 18683 Collins Avenue, Sunny Isles Beach, FL, 33160, maypark their vehicles in the parking lot located underneath the William Lehman Causeway Bridge (hereinafter referred to as the "Property"). NOW, TgEREFORE, 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 arc true and correct and are incorporated herein in their entirety. 2. Use of the William Lehman Causeway Bride Parkine Lot The City hereby licenses to Marenas the right to use, on an exclusive basis, thirty (30) designated parking spaces located within the Property to accommodate potential overflow parking from patrons of the Marenas Resort The parking spaces may be utilized only by patrons of the Marenas Resort, No other use of the Property is permitted without the express written permission from the City. The Thirty (30) spaces shall be assigned by the City. 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. 3. License Fee. Marenas shall pay a monthly fee of $6,000.00 (Six Thousand Dollars) for exclusive use of the thirty (30) designated parking spaces located within the Property, The payments shall be remitted to the City's Code and Parking Department and due no later than the 1" day of each month, The first payment under this Agreement shall be made in advance of the first month and every subsequent month thereafter. Marenas will be required to pay any City parking application fees or permit fees. 4. Term. 'This agreement shall remain in effect on a month to month basis, unless otherwise cancelled by either Party upon written notice to the other Party. This agreement shall commence on the date the last party signs Ibis agreement (the "Effective Date "..). 5. Costs and annroval of Parking stairs Marenas 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 patrons of Marenas Resort. L s .:: CITY OF SUNNY ISLES BEACH ' .o ,J PARKING LICENSE AGREEMENT This Parking License Agreement (this "Agreement ") is made as of the a04day of Decem bee 2014, by and between the CITY OF SUNNY ISLES BRACH, a municipal corporation (the "City ") and M RESORT RESIDENCES CONDOMINIUM ASSOCIATION, INC. d/b/a MARENAS RESORT ( "Marenas ") and/or assigns. RECITALS WHEREAS; the City and Marenas (collectively referred to as "the Parties') desire to enter into a parking license agreement whereby visitors of the Marenas Resort Located at 18683 Collins Avenue, Sunny Isles Beach, FL, 33160, maypark their vehicles in the parking lot located underneath the William Lehman Causeway Bridge (hereinafter referred to as the "Property"). NOW, TgEREFORE, 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 arc true and correct and are incorporated herein in their entirety. 2. Use of the William Lehman Causeway Bride Parkine Lot The City hereby licenses to Marenas the right to use, on an exclusive basis, thirty (30) designated parking spaces located within the Property to accommodate potential overflow parking from patrons of the Marenas Resort The parking spaces may be utilized only by patrons of the Marenas Resort, No other use of the Property is permitted without the express written permission from the City. The Thirty (30) spaces shall be assigned by the City. 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. 3. License Fee. Marenas shall pay a monthly fee of $6,000.00 (Six Thousand Dollars) for exclusive use of the thirty (30) designated parking spaces located within the Property, The payments shall be remitted to the City's Code and Parking Department and due no later than the 1" day of each month, The first payment under this Agreement shall be made in advance of the first month and every subsequent month thereafter. Marenas will be required to pay any City parking application fees or permit fees. 4. Term. 'This agreement shall remain in effect on a month to month basis, unless otherwise cancelled by either Party upon written notice to the other Party. This agreement shall commence on the date the last party signs Ibis agreement (the "Effective Date "..). 5. Costs and annroval of Parking stairs Marenas 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 patrons of Marenas Resort. 6. Improvements, No structures or improvements of any kind shall be placed upon the Property without prior written approval of the City. 7. Maintenance. Marenas $ball 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. Indemndleation. This Agreement is one of licensing ofproperty and is not a iiaihnent 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. Marenas, 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, Marenas shall indemnify, defend and hold the City, its employees and public officials, agents, and servants barmles3 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 rof•the Property by patrons of Marenas Resort. Marenas agrees to add the City as an additional insured under its general liability insurance policy. 9. Assumption of Risk, All property belonging to Marenas or any of their parking patrons of the Property authorized under this Agreement shall be there at'the risk of Marenas or such other person only. Except for the intentional or sole actions of the City or its.agent 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 tinder this Agreement. Marenas shall give prompt notice to the City in case of any such injury, damage, then, or misappropriation; In case any action or proceeding should be brought against the City by, reason of any obligation on Marenas' part to be performed under the terms of this Agreement of arising from any alleged act or negligence of Marenas, :or of its agents or employees, Marenas, upon notice from the City, shall defend the City at Marenas' expense, by counsel reasonably satisfactory to the City. 10. Coro liance with Law. Marenas shall comply with all applicable state, county and City laws and ordinances in fulfilling its responsibilities under this Agreement Marenas agrees that the Property shall only be used by its employees, contractors, agents, slid invitees, to accommodate potential'ove?flow parking from patrons of the Marenas Resort. IL Termination. ' Either party shall have the right to immediately terminate this Agreement without cause upon written notice to the other party. 12. Attornevs 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. 13. Brndin . The provisions of this Agreement shall be binding upon the parties thereto and their respective successors and/or assigns, 14. Entire Agreemen t. 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. This Agreement supersedes all prior discussions and agreements between the parties with respect to the subject matter hereof, including but not limited to the prior Agreement between the December parties dated 23, 2013. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate an the day and year first written above. WITNESS 91: Signatu ATTEST: Jane A. Hines; MM , City Clerk M RESORT RESIDENCES CONDOMINIiJM ASSOCIATION, INC. d/b /a MARENAS RESORT BY CITY OF SUNNY ISLES BEACH ph er J. Russo, City Manager Attorney 11/14r2014 Item Cmersheet City of Sunny Isles Beach 0 18070 Collins Avenue ,.z ? Sunny Isles Beach, Florida 33160 `' or 4• (305) 947 -0606 City Hall FLOP 949 -3113 Fax Or yUN MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Stan Morris, Deputy City Manager DATE: 11/20/2014 RE: Renewal of Marenas Resort Parking Agreement RECOMMENDATION: This item is presented to the City Commission for approval. REASONS: Marenas Resort has requested a renewal of the parking agreement with the City on a seasonal basis for spaces under the William Lehman Causeway. This agreement was previously approved under Resolution 2014 -2192. ADDITIONAL INFORMATION: The rate is $6,000.00 per month for thirty (30) spaces. Payment must be made one month in advance each month. This is a month to month agreement, intended to supplement Marenas Resort parking during the busy hotel season (which runs from approximately January to June each year). Marenas Resort will also add the City as an additional insured under its general liability policy. FUNDING SOURCE: Revenues generated will be deposited into the General Fund. httpl /survryisles.nw agerda .comlCaverSheet.aspx ?ltemID =1485 112 11/14/2014 Item Cmersheet ATTACHMENTS: Description Resolution Parking License Agreement Item Number: 10.6. httpl /sunnyisles. o agerda.c /CmerSheet.aspx ?ltem[D =1485 M