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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