HomeMy WebLinkAboutReso 2016-2558 RESOLUTION NO. 2016-255
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING LICENSE
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND SALEM HOUSE CONDOMINIUM ASSOCIATION, INC.
FOR THE CONSTRUCTION OF THE EMERGENCY
PEDESTRIAN BRIDGE CONNECTING NORTH BAY ROAD
BETWEEN 172ND AND 174TH STREETS IN SUBSTANTIALLY
THE SAME FORM, 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 THE TERMS OF THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is in the process of constructing an Emergency Pedestrian Bridge
connecting North Bay Road between 172"d and 174th Streets, to be used for pedestrian and
emergency vehicles only (the " Emergency Bridge Project"); and
WHEREAS, the City is in need of a staging area for purposes of constructing the
Emergency Bridge Project, which includes but is not limited to storing of materials, parking
vehicles, air rights within the staging area and related construction activities; and
WHEREAS, the City has approached Salem House Condominium Association, Inc.
("Salem House") about entering into a license agreement to use a portion of the Property in order
to construct the Emergency Bridge Project; and
WHEREAS, the City Commission wishes to enter into a license agreement with Salem
House for staging purposes of constructing the emergency vehicle and pedestrian bridge, which
includes but is not limited to storing of materials, parking vehicles, air rights within the staging
area and related construction activities, 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 License Agreement. The License Agreement for a staging area for the
construction of the Emergency Pedestrian Bridge between the City of Sunny Isles Beach and
Salem House Condominium Association, Inc. is hereby approved in substantially the same form
as the attached Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
the License Agreement by and between the City of Sunny Isles Beach and Salem House
Condominium Association, Inc. in substantially the same form as the attached Exhibit "A".
Section 3. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are authorized to do all things necessary to effectuate the terms of this Resolution.
Approving License Agreement Salem House I of 2
Section 3. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are authorized to do all things necessary to effectuate the terms of this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 19th day of May 2016.
George '. Scholl, Mayor
•
: ATTES :
•
Jane-A. Hines.,MMC,City Clerk
r_ .y
APPROVE)) S TO FORM
AN I G•/.UFFICIENCY:
A
.ns lI ttin• City Attorney
Moved by: 0 p _ rl—1 0/0
Seconded by: �yW �l.� � �LtOY�PrItJ
Vote: 6-0
Mayor Scholl 1Yes) (No)
Vice Mayor Gatto (Yes) (No)
Commissioner Aelion (Yes) (No)
Commissioner Goldman Yes) (No)
Commissioner Levin (Yes) (No)
Approving License Agreement Salem House 2 of 2
uNNY,S(e.
S
'' `: CITY OF SUNNY ISLES BEACH
5 ',\ p0.`°PS LICENSE AGREEMENT
''' 'NO''OF SUS'
mThis License Agreement (the "Agreement") is made as of the 1k- day of
; 2016, by and between the City of Sunny Isles Beach, a municipal corporation (the
"City") d Salem House Condominium Association, Inc., ("Salem House").
RECITALS
Whereas, Salem House is the owner of the property located at 251-172nd Street, Sunny Isles
Beach, FL 33160 (the "Property"); and
Whereas, the City is need of a portion of the Property in order to construct the emergency
vehicle and pedestrian bridge connecting North Bay Road from 172nd Street to 174`h Street (the
"Project") on the Property; and
• Whereas, the City has approached Salem House about entering into a license agreement to use
a portion of the Property in order to construct the Project; and
Whereas, the City desires to enter into this license agreement with Salem House for staging
purposes east of the emergency vehicle and pedestrian bridge, which includes but is not limited to
storing of materials, parking vehicles, air rights within the staging area and related construction
activities.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), 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 Property. Salem House hereby grants a license to the City to use a limited area
on the southern side of the Property for staging purposes (the "staging area."). See composite Exhibit
"A". The staging area shall not be used for any other purpose, except for staging purposes, which
includes but is not limited to storing of materials, parking vehicles, air rights within the staging area and
related construction activities. The City and Salem House agree to work together to prepare the staging
area for use by the City. The City and Salem House shall work on a plan before mobilization by the
City in the staging area.
•
3. Term. This License Agreement shall commence from the date of mobilization by the
City. The term mobilization means the closure of the staging area for the purpose described in Section 2
above and shall terminate upon completion of the Project. The City shall provide Salem House with
notice.before using the staging area. Upon mutual assent, the parties may agree to extend the term of
this Agreement.
Exhibit "A"
4. - Benefits provided by the City. In return for the use of the Property as described in
composite Exhibit "A", the City agrees to perform the following services at its own expense for Salem
House Condominium Association, Inc. located at 251-172nd Street, Sunny Isles Beach, FL 33160: 1)
clean and inspect the existing drainage system at Salem House; 2) repave and restripe the surface
parking lot at Salem House; and 3) install a manhole lid and grate on the existing underground storm
water storage tank at Salem House.
5. No assignment. This Agreement may not be assigned or sublet by either party, in
whole or in part, without the prior written consent of the other party.
6. Improvements. No structures or improvements of any kind other than the staging area
shall be constructed by the City inside the Property without the prior written approval of Salem
House.
7. Maintenance. The City shall keep and maintain the staging area inside the Property
in good and safe condition, including the regular removal of all litter and trash, and repair any damage
to the staging area caused by the City's employees, agents, contractors and/or subcontractors. The
City's construction fence shall be equipped with the proper canvas to shield the interior of the staging
area.
8. Indemnification. This Agreement is one of licensing of property and is not a
bailment. The City shall assume full responsibility for the staging area defined herein. The City
hereby waives all claims against Salem House, including its officers, directors, agents,
representatives, corporate affiliates, management entities, successors and assigns, for loss, theft or
damage to property in, on or about the staging area. Subject to the limitations of Section 768.28,
Florida Statutes, the City shall indemnify and hold Salem House, its officers, directors, agents,
representatives, corporate affiliates, management entities, successors and assigns, 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 out or resulting from the use of the staging area by the City,
including its elected and appointed officials, agents, officers, employees, agents, contractors,
subcontractors, invitees or licensees.
9. Assumption of Risk. Consistent with paragraph eight (8) above and not as a
limitation of the aforementioned paragraph, all property belonging to the City, including its elected
and appointed officials, agents, officers, employees, agents, contractors, subcontractors, invitees or
licensees or any other user of the staging area inside the Property shall be there at the risk of the City
or such other person only. Except for its own deliberate or negligent acts within the staging area
• of the Property, Salem House including its officers, directors, agents, employees, representatives,
corporate affiliates, management entities, successors and assigns, shall not be liable for injury to
persons, or damage to, or theft of, or misappropriation of such property by any means whatsoever.
The City shall give prompt notice to Salem House in case of any injury, damage, theft, or
misappropriation arising out or resulting from the use of the staging area by the City, including its
elected and appointed officials, agents, officers, employees, agents, contractors, subcontractors,
invitees or licensees.
10. Compliance with Law. Both parties shall comply with all applicable state, county
and local laws and ordinances in fulfilling their responsibilities under this Agreement.
11. Default and Penalties. In the event of any default by either party under this
Agreement, the non-defaulting party shall have the right to terminate this Agreement upon
thirty (30) days written notice to the defaulting party. During this 30 day period, the defaulting party
shall have the opportunity to cure the default. However, if the default remains uncured at the
expiration of the 30 day period, the non-defaulting party may terminate this Agreement. No provision
of this Agreement is intended, rior shall any be construed, as a covenant of any official (either elected
or appointed), director, employee or agent of the City in an individual capacity and neither shall any
such individuals be subject to personal liability by reason of any covenant or obligation of the City
hereunder.
12. 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 non-prevailing party the prevailing
party's reasonable attorneys' fees, costs and disbursements and court costs through the trial and all
appellate levels and including any of same incurred in connection with enforcement of judgments
and other collection costs.
13. Binding. The provisions of this Agreement shall be binding upon the parties
thereto and their respective successors and/or assigns.
14. 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.
15. 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.
16. Independent Relationship. This Agreement does not evidence the creation of, nor
shall it be construed as creating, a partnership or joint venture between the City and Salem House and
it does not create any obligation or responsibility on behalf of the City or bind the City in any manner.
Each party is acting for its own account, and has made its own independent decisions to enter into this
Agreement and as to whether the same is appropriate or proper for it based upon its own judgment and
upon advice from such advisers as it has deemed necessary. Each party acknowledges that none of the
other parties hereto is acting as a fiduciary for or an adviser to it in respect of this Agreement or any
responsibility or obligation contemplated herein.
17. Force Majeure. Should either party fail to perform its obligation under this_Agreement
due to a condition of force majeure, as that term is interpreted under Florida Law, and specifically
including Acts of God, including hurricanes, fire, flood, earthquakes tropical storms and/or very strong
storms which are anticipated by the Parties and taken into consideration as to the expiration of the
term, then the time for performance of said obligation hereunder will be extended by a period
reasonable commensurate with the cause of such failure to perform or cure. If either party is delayed in
performing any obligation under this Agreement due to a force majeure condition, they shall request a
time extension from the other party within ten (10) working days of said force majeure occurrence.
Any time extension shall be subject to mutual agreement.
18. Amendment. This Agreement may not be amended, unless evidenced in writing and
executed by all Parties hereto.
19. Captions. The captions and headings of sections or paragraphs used in this Agreement
are for convenient references only and shall not limit, define or otherwise affect the substance or
construction of provisions of this Agreement.
20. 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, Salem House Condominium Association, Inc. and the City of Sunny Isles
Beach have executed this License Agreement as of the day and year first above written.
WITNESS: SALEM HOUSE CONDOMINIUM
j/ilk ASSOCIATION, INC.
G o k GC 3 2i
i✓ CE Oa
e/be/4/4/ /r'P E/" Al By: _ �j • .,.-
Printed Name Print and et-
sign name of authorized rep.
t ` .`
ATTEST; - CITY OF SUNNY ISLES BEACH i A.q . 1,--- / ''t• v 1 r k-
B � • / BY
,- Jane A. ines;,MMC, City Clerk Christop er .Russo, City Manager
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Exhibit "A"
I
.
,SUpWY tS Er City of Sunny Isles Beach
ti fix, 18070 Collins Avenue
"( ''1 ' Sunny Isles Beach, Florida 33160•
•4$ a t
se `p,,,�pR°P % (305)947-0606 City Hall
°,x"o, svµ "rQ (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 5/19/2016
RE: Approving License Agreement with Salem House
Condominium Association, Inc.
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
The City is in need of a staging area for purposes of constructing the
Emergency Pedestrian Bridge. The staging area will be used to store
materials, parking vehicles, and related construction activities. The
Salem House Condominium Association, Inc. has agreed to allow the
City to use a portion of the Property as a staging area in order to .
complete the Project. The City agrees to repair the parking lot area of
the Condominium in exchange for the use of the area. Additionally, the
City will provide the following benefits: (1) clean and inspect the
drainage system of the condominium; and (2) install a manhole lid.
The license agreement outlines the terms and conditions for the use of
the staging area.
ATTACHMENTS:
Description
Resolution
License Agreement
Item Number: 10.K.
570
1