HomeMy WebLinkAboutReso 2025-3935RESOLUTION NO.2025 - 5135-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A PARKING LICENSE AGREEMENT WITH CHABAD
LUBAVITCH RUSSIAN CENTER OF SOUTH FLORIDA, INC., FOR USE OF A
PORTION OF THE PROPERTY LOCATED AT 500 SUNNY ISLES BOULEVARD,
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER AND
THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") is the owner of the property located
at 500 Sunny Isles Boulevard (the "Property"); and
WHEREAS, the Chabad Lubavitch Russian Center of South Florida, Inc. (the "Chabad") is
in need of additional parking in order to accommodate temporary overflow parking for its
employees, congregants, patrons, invitees, and guests, and has requested use of a certain
portion of the Property; and
WHEREAS, the City Commission wishes to approve a Parking License Agreement with the
Chabad, on a month -to -month basis, for use of a certain portion of the Property as temporary
parking, for a monthly fee of Five Thousand Dollars and No Cents ($5,000.00), 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 City Commission hereby approves a
Parking License Agreement with the Chabad, on a month -to -month basis, for use of a portion of
the Property as temporary parking, for a monthly fee of Five Thousand Dollars and no Cents
( 5,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
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.
PASSED AND ADOPTED this 20th day of Novembe 2025.
Larisa Svechin, Mayor
@BCL@E012331A Page 1 of 2 377
Mauriclo Betancud, CMC, City Clerk
Moved by: a
Vote:
Mayor Svechin Aelw-D
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Alain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
,(Yes) (No)
✓(Yes) (No)
Yes) (No)
es) (No)
(Yes) (No)
@BCL@E012331A
Page 2 of 2 378
CITY OF SUNNY ISLES BEACH
r = PARKING LICENSE AGREEMENT
THIS P NG LICENSE AGREEMENT ("Agreement") is made as of l—
day oftbi?, by and between the CITY OF SUNNY ISLES BEACH, a Florida
municipal corporation (hereinafter "City") and CHABAD LUBAVITCH RUSSIAN CENTER'
OF SOUTH FLORIDA, INC., a Florida not-forprofit corporation, whose address is 488 Sunny
Isles Beach Boulevard, Sunny Isles Beach, and whose Federal Employer Identification (FEI) No.
is 04-3758388 (hereinafter "Chabad").
RECITALS
WHEREAS, City is the fee simple owner of unimproved vacant property located at 500
Sunny Isles Beach Boulevard, a portion of which is currently used as temporary parking, as more
particularly depicted in Exhibit "A, which is attached hereto and incorporated herein; and
WHEREAS, Chabad is the owner of property located at 488 Sunny Isles Beach Boulevard
and is in need of additional parking in order to accommodate temporary overflow parking for its
employees, congregants, patrons, invitees, and guests; and
WHEREAS, the City and Chabad (collectively also referred to as "the Parties") desire to
enter into a non-exclusive month -to -month parking license agreement for the use of the Property
by Chabad as temporary overflow parking;
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:
TERMS AND CONDITIONS
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 Chabad the non-exclusive right to use
the Property, as more particularly depicted in Exhibit A, for parking purposes only by Chabad's
employees, congregants, patrons, invitees, and guests. Use of the Property shall be strictly limited
to the area depicted in Exhibit A. No other use of the Property is permitted without the express
written permission from the City.
3. Limitations on Use of the Property. Chabad acknowledges and agrees that its use of the
Property is non-exclusive and that City reserves the right to utilize the Property at any time as
needed, including but not limited to, operating its Marine Rescue services and other municipal
operations. As such; Chabad shall not obstruct or impede the City's access to the Property at any
time. No overnight parking is permitted and Chabad shall secure the Property nightly in a manner
acceptable to the City Manager. Chabad agrees that any posted parking rules shall be complied
with and 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 promptly by Chabad. The washing, repairing, or painting of vehicles
on the Property is also strictly prohibited. Chabad shall not permit the parking of any derelict
PARKING LICENSE AGREEMENT — CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLORIDA Page I of 6 379
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
vehicles on the Properly. 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 and valid license plate
4. Term. Subject to the Parties' rights to terminate the Agreement as set forth in Section 13,
this Agreement shall commence on the date the last party signs this Agreement (the "Effective
Date") and shall remain in effect on a month -to -month basis.
5. License Fee. Chabad shall pay a monthly fee of Five Thousand Five Dollars and No Cents
($5,000.00), plus any applicable sales tax, for the first twelve (12) months, with an increase of
three percent (3%) in the monthly rate each year thereafter. Should the sales tax rate change under
the Florida Sales Tax Statute or other applicable statutes, Chabad 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. The first payment under this Agreement shall be made
in advance of the first month and every subsequent month thereafter.
6. Remuneration Payment. Chabad further acknowledges it has been utilizing the Property as
temporary parking for aperiod of two (2) months prior to the Effective 'Date of this Agreement
and hereby agrees to remunerate the City for such use in accordance with the same month -to -
month rate reflected in Section 5 of this Agreement. Accordingly, as a material condition of this
Agreement, Chabad shall pay City, within ten (10) days from the Effective Date, a one-time
payment of Ten Thousand Dollars and No Cents ($10,000.00) as remuneration for its prior use of
the Property.
7. Improvements. No structures or improvements of any kind shall be placed upon the
Property without prior written approval of the City.
8. Maintenance. Chabad shall keep and maintain the Property in good and clean condition,
including the regular removal of all litter and trash and repair any damages incurred from its use
of the Property.
9. 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. Chabad, 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, and all contents therein, under,
this Agreement. To the extent permitted by law, Chabad shall indemnify, defend, and hold the
City, its employees, public officials, agents, and servants harmless from, and on account of, any
damage or injury to any person, or to the property, goods, waxes, and merchandise of any
PARKING LICENSE AGREEMENT — CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLORIDA Page 2 of 6 380
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
person, arising from the use of the Property by Chabad, including but not limited to, its
employees, congregants, patrons, invitees, and guests. Chabad agrees to add the City as an
additional insured under its general liability insurance policy, and shall provide a copy to the City
within ten (10) days from the execution of this Agreement.
10. Assumption of Risk. All property belonging to Chabad or any of its parking patrons and
invitees of the Property authorized under this Agreement shall be at the sole risk of Chabad 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, 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. Chabad shall give prompt notice to
the City 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 Chabad's part to be performed
under the terms of this Agreement or arising from any act or negligence of Chabad, or of its
officers, agents or employees, upon notice from the City, shall defend the City at Chabad's
expense, by counsel reasonably satisfactory to the City.
11. Compliance with Law. Chabad shall comply with all applicable state, county, and City
laws and ordinances in fulfilling its responsibilities under this Agreement.
12. Assignability and Sub -licensing. Chabad shall neither assign this Agreement nor sub-
license any portions of the Property.
13. Termination. Either party shall have the right to terminate this Agreement with immediate
effect, and without prior notice.
14. 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.
15. Binding. The provisions of this Agreement shall be binding upon the Parties thereto and
their respective successors and/or assigns.
16. Reservation. City hereby reserves all rights of ownership in and to the Property which are
not inconsistent with the Agreement, including without limitation: (a) the right to grant further
non-exclusive licenses on and within the Property, and (b) the right to use the Property for all uses
not interfering or inconsistent with the uses permitted herein.
17. Representation of Authority. Chabad represents and warrants that this Agreement
constitutes the legal, valid, binding, and enforceable obligation of Chabad, and that neither the
execution nor performance of this Agreement constitutes a breach of any agreement that Chabad
has with any third party or violates any law, rule, regulation, or duty ' arising in law or equity
applicable to Chabad. Chabad further represents and warrants that execution of this Agreement is
PARKING LICENSE AGREEMENT — CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLORIDA Page 3 of 6 381
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
(305) 947-0606 phone (305) 949-3113 Fax
within Chabad's legal authority, and each individual executing this Agreement on behalf of
Chabad is duly authorized by all necessary and appropriate action to do so on behalf of Chabad
and does so with full legal authority.
18. Entire Agreement. This Agreement shall constitute the entire agreement between the
parties with respect to the subject matter hereof, and it shall supersede all previous and
contemporaneous oral and written negotiations, commitments, agreements, and understandings
relating hereto.
19. Amendments. Any modification of this Agreement shall be effective only if in writing and
signed by the Parties to this. Agreement. The City Manager is authorized to change, alter, or modify
the Agreement on behalf of the City.
20. Severability. The terms of the Agreement are independent of and severable from each
other, and neither this Agreement nor any provision shall be affected or rendered invalid or
unenforceable by virtue of the fact that any other or others of them may be invalid or unenforceable,
in whole or in part for any reason.
21. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Any action, in equity or law, with respect to this
Agreement must be brought and heard in Miami -Dade County.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first written above.
PARKING LICENSE AGREEMENT - CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLORIDA Page 4 of 382
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
CHABAD LUBAVITCH RUSSIAN
CENTER OF S UTH FLORIDA, INC.
Rabbi Alexan r ler, resident
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of November, 2025, by Rabbi Alexander Kaller, as President
of Chabad Lubavitch Russian Center of South Florida, Inc.
4/aij AA
(SEAL)
TfoiaYy Public, Sta e of Flora
(Signature of Not I4MSAWT
wL
Notary -Public
State of Florida
. Comm# NH485181 `
(Print, TY e; or S"mssioned Name
of Notary Public)
Personally Known : or Produced Identification
Type of Identification,;Produced:
_
AT Li-Ak"'i alto\\ ' `� ��
CITY OF S Y SLES BEACH
:g
BY:
'Mau 'cio Betancur,
Larisa Svechin, Mayor
CMC City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
BY:
Department Head
Alain E. 96ileau, for Nabors, Giblin -
& Nickerson, P.A., City Attorney
PARKING LICENSE AGREEMENT - CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLORMA Page 5 of 6 383
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT A
PARKING LICENSE AGREEMENT — CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLORMA Page 6 of 6 384
..It OF sV e1 J,
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: November 20, 2025
RE: Parking Agreement with Russian Chabad of South Florida
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
The City owns an unimproved parcel at 500 Sunny Isles Blvd that is in design to include a park and
Marine Patrol Office for the Police Department. This parcel is immediately adjacent to the Russian
Chabad of South Florida. The Russian Chabad is in need of additional parking for staff, contractors and
guests. While the lot remains empty, it is beneficial to both parties to enter into a parking agreement to
allow Chabad to park vehicles at the lot while providing a revenue source to the City.
The proposed non-exclusive agreement is month -to -month so that it will not interfere with the City's
use of the parcel at a rate of $5,000.00 per month.
FUNDING SOURCE:
No funding is required forthis item.
ATTACHMENTS:
Resolution
Parking License Agreement
Item Number: 9.13
376