HomeMy WebLinkAboutReso 98- 44
RESOLUTION NO. 98- ..:t1.
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, ADOPTING A PARKS INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY; PROVIDING
FORAN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the ''City'') and Metropolitan Dade County (the
''County'') negotiated an Interlocal Agreement on November 4, 1997; and
WHEREAS, the City has discovered that Gilbert Samson Park is not merely an easement but
is designated a park of the County;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORID" AS FOLLOWS:
Section 1.
That the Park Interlocal Agreement, attached as Exhibit "A" be and the same
is hereby adopted.
Section 2.
That the City Manager is hereby authorized to execute the Agreement, on
behalf of the City, with Miami-Dade County.
Section 3.
That the transfer of the Permit Agreement by and between the County and the
Holiday Inn Newport Pier Resort (the "Permit") be accepted by the City.
Section 4.
This Resolution shall become effective on October 1, 1998.
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,/''ib)/Wlv-
David Samson, M;ttor
PASSED AND ADOPTED this 23rd day of April, 1998.
ATTEST:
~vLJ ~~~M~\ tt~
Richard Brown-Morilla, City Clerk
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Park Interlocal Res.
APPROVED AS TO FORM
A D LEGAL SUFFICIENCY:
Vote:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
Park Interlocal Res,
~Y es)
--;7 (Yes)
Z(Yes)
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L(Yes)
Moved by: ~1Mt~~I~ ~~
Seconded by: ~~\~ ~~
_(No)
_(No)
_(No)
_(No)
_(No)
PARK INTERLOCAL AGREEMENT
TIDS INTERLOCAL AGREEMENT is made and entered into as of this _ day of
, 1998, by and between MIAMI-DADE COUNTY, a political subdivision of the State
of Florida (the "County"), and the CITY OF SUNNY ISLES BEACH, a municipal corporation of
the State of Florida (the "City") (the "Agreement").
WITNESSETH:
WHEREAS, a charter for the City was approved by the citizens of the City on June 16, 1997,
and the City Commission was sworn into office on August 7, 1997;
WHEREAS, an Interlocal Agreement between the County and City governing the provision
of municipal services to the City was adopted by the Board of County Commissioners and City
Commission on November 4, 1997; and
WHEREAS, the parties now wish, effective October 1, 1998 to provide for the landscaping
and maintenance of one park known as Gilbert Samson Memorial Park located within the corporate
boundaries of the City.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
COVENANTS HEREIN CONTAINED THE COUNTY AND THE CITY DO HEREBY AGREE
TO THE FOLLOWING:
1. Recitals. The recitals set forth above are incorporated herein by reference,
2. Transfer of GILBERT SAMSON MEMORIAL PARK. The County hereby
agrees that effective October 1, 1998 it shall transfer, convey and assign to the City: (i) by Warranty
Deed attached hereto and incorporated herein as Exhibit" A", all right, title and interest in that certain
Puk Jnterlocal R.l
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park known as "Gilbert Samson Memorial Park," located at AlA (Collins Avenue) and 167th Street
and as more particularly described in Exhibit "B" attached hereto and incorporated herein.
3. Assi&nment of Permit Alreement.
a. In connection with the transfer of the Park, County also hereby agrees that
effective October 1, 1998, it shall transfer all its right, title and interest to the City in and to that
certain Permit Agreement by and between the County and the Holiday Inn Newport Pier Resort (the
''Permittee'') in which the County allowed Permittee to maintain and manager the Park in
consideration of the sun of$I,OOO per month. This Agreement is attached as Exhibit "C."
b. By execution of this agreement by the Permittee, Permittee indicates its
acceptance and acknowledgment ofthe transfer, effective October 1, 1998, of this Permit Agreement
and agrees to continue those obligations assigned hereby from the County. No further documentation
will be necessary to effectuate said transfer and activate the obligations under the Permit Agreement
by the City may issue a new permit agreement if agreed upon by the Pennittee.
4. Park Operations. In the event the Permit Agreement as set forth in Paragraph 3
above terminates, then and in that event, in consideration of the County's transfer of the Park to the
City, the City itself or through its designee agrees effective October 1, 1998 to operate and maintain
the park for park purposes devoted to active or passive recreation without regard to commercial
benefit derived therefrom, if any. It is further agreed and acknowledged that, should the City of
Sunny Isles Beach at any time utilize the Park for any purpose other than park and recreational
purposes as defined by the City of Sunny Isles Beach, all rights, title and interest to such Park and all
improvements located thereon, together with all landscaping and maintenance responSIbilities for such
Park, shall revert to the County and the County shall have said Park reconveyed to it.
Put Jntcr!ool1 R. t
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5. Indemnification, The City shall indemnity and save hannless the County from any
and all claims, liability, losses and causes of action which may arise out of the City in fulfillment of
this Agreement to the extent allowable by law. The City, directly or through its insurance carrier,
shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all
suits, in the name of the County when applicable, and shall pay all costs and judgments which may
issue thereon.
The County shall also indemnity and save hannless the City from any and all claims, liability,
losses and causes of action which may arise out of actions of the County in fulfillment, of this
Agreement to the extent allowable by law. The County shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits, in the name ofthe City when applicable,
and shall pay all costs and judgments which may issue thereon.
6. Notices. All notices hereunder must be in writing and shall be deemed validly given
if sent by certified mail, return receipt requested, hand delivered or overnight delivery addressed as
follows (or any other address that the party to be notified may have designated to the sender by like
notice):
If to the County:
County Manager
Miami-Dade County
III N.W. First Street, Suite 2910
Miami, Florida 33128
With a copy to:
Robert A. Ginsberg
County Attorney
Miami-Dade County
III N.W. First Street, Suite 2810
Miami, Florida 33128
Ifto the City:
James DiPietro,City Manager
City of Sunny Isles Beach
Pm Interloca1 R.l
3
17070 Collins Avenue
Sunny Isles Beach, Florida 33160
With a copy to:
Lynn M. Dannheisser, City Attorney
City of Sunny Isles Beach
17070 Collins Avenue
Sunny Isles Beach, Fl. 33160
Unless otherwise required by law, any notice sent hereunder shall (subject to proof of receipt
or refusal of same) be deemed to have been delivered on the same day if hand-delivered, on the next
business day if sent by overnight courier or on the day of receipt of refusal, if sent by the certified or
registered mail.
7. Amendments. This Agreement may be modified only by an agreement in writing,
signed and sealed by the Mayor of the City and the Board of County Commissioners of Dade County,
Florida.
8. Effective Date, The effective date of this Agreement shall be October 1, 1998.
9. Severability. Should any provision, paragraph, sentence, word or phrase contained
in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws ofthe State of Florida, such provision, paragraph, sentence,
word or phrase shall be deemed modified to the extent necessary in order to conform with such laws,
then same shall be deemed severable, and in this Agreement, shall remain unmodified and in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
Pili< Inter10cal RI
4
respective seal the day and year first above written,
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Robert A. Ginsberg, County Attorney
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Lynn M. Dannheisser, CityAttorney
Put InterJoco1 R.t
MIAMI-DADE COUNTY
a political subdivision of the State of Florida
Merrett Stierhiem, County Manager
ATTEST:
Harvey Ruvin, Clerk
By:
As Deputy Clerk
CITY OF SUNNY ISLES BEACH
a political subdivision of the State of Florida
James DiPietro, City Manager
ATTEST:
Richard Brown-Morilla, City Clerk
5
EXHffiIT "A"
GILBERT SAMSON MEMORIAL PARK
WARRANTY DEED
This Statutory Warranty Deed is made by MIAMI-DADE COUNTY, a political
subdivision of the State of Florida ("Grantor"), to the CITY OF SUNNY ISLES BEACH, a
municipal corporation of the State of Florida ("Grantee"),
GRANTOR, for and in consideration of the sum ofTen and No/100 ($10.00) Dollars and
other good and valuable consideration paid to Grantor by Grantee, the receipt and sufficiency of
which are hereby acknowledged, grants, bargains, sells, and conveys to Grantee, and Grantee's
successors and assigns forever, all of the following described land situated, lying and being in Dade
County, Florida:
The easterly extension of Sunny Isles Ocean Beach Boulevard (N.E.
167 Street) as delineated upon that certain plat recorded in Plat Book
50 at Page 76 of the Public Records of Dade County, Florida,
eastward of the pavement of State Road A-1-A to the mean high
water line of the Atlantic Ocean.
Folio No.
TOGETHER with all easements, tenements, hereditaments, and appurtenances belonging to
the land; and
TOGETHER with all buildings an other improvements now or in future located on the land;
and
TOGETHER with all of Grantor's rights, title, and interest, if any, in and to the streets,
avenues, roads, ways, alleys, waterways, and canals, open or proposed, in front of or adjoining the
land;
TO HAVE AND TO HOLD in fee simple determinable.
This conveyance is made subject to:
(a)The Parks Interlocal Agreement dated , 1998, by and
between the Grantor and Grantee (hereinafter referred to as the ''Parks Interlocal Agreement")
providing that the property hereby conveyed shall be used perpetually for the purposes as set forth
in the Parks Interlocal Agreement and ifused for other purposes shall revert back to the Grantor.
PIIk IuterIocaI R.t
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(b )Taxes for the year 1998 and subsequent years;
(c )Applicable zoning ordinances;
(d)Conditions, restrictions, reservations, limitations and easements of record, which
are not reimposed by this deed; and
(e )Parties in possession.
GRANTOR fully warrants the title to said property and will defend the property against the
lawful claims of all persons whomsoever.
GRANTOR has cause this instrument to be duly executed in its name, on
1998,
Signed, sealed and delivered
in the presence of:
MIAMI-DADE COUNTY,
a political subdivision of the State of Florida
By:
Merrett Stierhiem, County Manager
Print Name
Print Name
STATE OF FLORIDA )
)ss
COUNTY OF DADE)
THE FOREGOING instrument was acknowledged before me this _ day of
, 1998, by Merrett Stierhiem, as County Manager of MIAMI-DADE
COUNTY, a political subdivision of the State of Florida, on behalf of the County. He/she is
personally known to be or has produced as identification.
My Commission Expires:
Notary Public, State of Florida
Commission No.:
Park Interlocal R.t
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EXHmIT "B"
GILBERT SAMSON MEMORIAL PARK
[LEGAL DESCRlPTION/PLA T TO BE PROVIDED BY COUNTY]
Park Intortoca1 R.t
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PERMIT AGREEMENT
THIS PERMIT AGREEMENT (" Agreement"), made and entered into this
day of
, by and between METROPOLITAN DADE COUNTY,
FLORIDA, (the "County,") and HOLIDAY INN NEWPORT PIER RESORT, (the
"Permittee,")
. WHEREAS, the County, through the Park and Recreation Department
(" D:€partment"), owns and operates Gilbert Sampson Memorial Park (" Park")
hereinafter described in Exhibit" A", attached hereto and made a part hereof, for
the recreation and enjoyment of park patrons and to provide public parking and
access to the beach and ocean, and
WHEREAS, the Permittee requested and received an easement in the park to
bury a 208V feeder cable, and
WHEREAS, the Permittee agrees to manage and maintain the park for and on
behalf of the County, and
WHEREAS, this Permit is determined to be in the best interest of the County
and the Permittee to provide controlled parking, access to the ocean, and
maintenance of the park,
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties hereto agree as follows:
1. Purpose: The County hereby grants unto the Permittee, and the Permittee
hereby accepts from the County, a Permit to manage and maintain Gilbert
Sampson Memorial Park for the recreation and entertainment of park patrons
which provides access to the beach and ocean located between State
1
Road A-1-A and the ocean at the intersection of N.E. 167 Street and to collect a
parking fee not to exceed $3.00 per vehicle per entry.
2. Term: The County hereby grants to the Permittee for a term of 1 (one) year
beginning on the date determined by the Department when construction is
substantially complete.
- .
3. Option to Renew: Provided that there has been no default of the Permit by the
Permittee, the Permittee may, by written notice to the Department, request
the renewal of this Permit for an additional periods of 1 (one) year each from
the end of the proceeding term, upon such terms and conditions as the parties
may agree. In the event that the partie's do not agree on terms before the
expiration of this Permit, the Permittee shall have no further rights under this
Permit.
4. Exclusivity: The rights granted under the Permit are exclusive only to the site
and as to types of services offered. Nothing contained in this Permit
Agreement shall preclude the County from offering other services or for
charging fees to park patrons.
It is expressly provided that no parking fee will be charged for Dade County
Park vehicles or maintenance equipment, police, fire/rescue or other
emergency equipment or for park concessionaires or permittees showing a
valid contract to operate at this site.
5. Additional Facilities, Services, and Space: The Department, at its sole
discretion, may allow the Permittee to provide additional facilities or services
within the park, upon such terms as the parties may agree. All additional
services must follow the theme of the approved purpose of this Permit.
2
Such facilities and/or services may also be provided by the Permittee under a
sub-permit. Terms and conditions, including payment of fees to the County, of
any sub-contract are subject to prior written approval by the Department.
If the Department and Permittee cannot agree to terms within a time period
. _dete~mined by the Department, the Department may then provide such
services itself or seek a different Permittee through normal procedures. Failure
to agree to terms shall not preclude Permittee from participating in the public
bidding.
6.
s R misy
o fur1her
7. Property Description: The Permitted premises is that portion of Gilbert
Sampson Memorial Park as show on II Exhibit A" attached hereto.
8. Minimum Guarantee: The Permittee shall pay a minimum monthly fee of One
Thousand dollars ($1,000) to the County from the date this Permit is approved
by the County Manager, until such time as the rates are adjusted as provided
herein. Said minimum monthly rate shall be due on the tenth day (10th) day of
each month for each preceeding month without billing. Permittee may prepay
for up to the full term of this Permit. Fees for parking in excess of the minimum
guarantee shall be retained by the Permittee to cover expenses identified In
Sections 9, 11A, 15,16,18, and 26.
9. Sales Tax: The Permittee shall be liable for the prevailing State of Florida Sales
and Use Tax on the amounts payable to the County under this Permit. This Sale
and Use Tax shall be payable to the County which in turn will remit same, less
3
authorized handling deductions to the State. Said tax is applicable to
guarantee payments, unless otherwise determined by the State of Florida,
10. Payment of Fees: The Permittee shall pay all fees and charges required by this
Permit as follows:
Metropolitan Dade County
Park and Recreation Department
Haulover Park
10800 Collins Avenue
Miami, Florida 33154
(checks shall be made payable to the "Dade Co-unty Board of County
Commissioners.")
In the event Permittee fails to pay the required fee by the Twentieth (20th) day
of the subject month due, interest at the rate approved by the County
(currently 1t% per month) shall accrue against the delinquent payment(s) until
same are paid. Interest shall be charged from the date payment is due.
Implementation of this provision shall not preclude the County from
terminating this Permit Agreement for default in the payment fees or from
enforcing any other provisions contained herein.
11. Facilities:
A. The Permittee shall maintain the following:
Parking lot maintenance
(i) Trim trees and shrubs
(2) Daily waste, litter pickup, and removal
(3) Provide attendant to collect parking fee
(4) Open and close parking lot at mutually agreeable hours
(5) Removal of excessive sand buildup
4
Park maintenance
(1) Trimtreesandshrubs
(2) Daily waste and litter pickup, dump receptacles and remove debris
(3) Provide water connection for foot shower at pedestrian gate
(4) Striping and resurfacing of parking lot as needed
B. The County shall maintain the'following:
(1) Clean the sand area of the park by beach maintenance crews during
normal operations
(2) Replacement of trees and shrubs as necessary
(3) Maintain the fence and gates (chain link and pipe gate to beach)
(4) Provide park signage
C. It shall be the responsibility of the Permittee to coordinate"activities with
the County during construction and normal operations.
12. Department Approval: The Permittee agrees that it will obtain prior written
approval from the Department in all of the following matters:
A. Use of any type vending machines inside the park boundary.
B. Changes from originally approved specifications, business activities,
signage, and graphics.
C. Any use of the County's, Department's, Park's or Facility's name.
D. Any replanting or removal of vegetation.
E. Hours of operation.
F. Any business activity except as approved above.
5
13. Public Contact of Permittee's Employees: Permittee's employees in contact
with the public shall perform their duties in an efficient and courteous manner,
14. Minimum Hours of Operation: The park will be required to be open seven days
a week during those hours of operation approved by the Department, Prior to
beginning operations, the Permittee shall submit a schedule of intended hours.
of operation to the Department for approval.
15. Damaqes by Permittee: The Permittee shall repair all damage to the permitted
-
premises caused by the Permittee, its guests, employees, agents, patrons, or
independent contractors.
16. Damaqe or Destruction of Premises by Natural Causes: If the Park is partially
damaged by natural causes, but not rendered unusable for the purpose of this
Agreement, the same shall be repaired by the Permittee from proceeds of the
"Minimum Guarantee" specified in Section 8. The cost of such repairs shall be
mutually agreed upon by the County and Permittee. If the damage shall be so
extensive as to render such premises completely destroyed or so damaged that
they will remain unusable for more than thirty (30) days, the Permittee and the
County shall be under no obligation to repair and reconstruct the premises,
and adjustment of the minimum guarantee specified in Section 8 herein shall
be proportionately made up to the time of such damage or destruction and the
portion of the Permit Agreement which pertains to such destroyed property
shall cease and terminate, and all adjustments which are proper including
restoration of the site to a clean, neat and usable condition shall be made
accordingly. However, at the option of the County, and through negotiations
pertaining to all matters for continuing the premises in the Permit Agreement,
the Permittee may reconstruct the premises at its own cost.
6
17. Assiqnment, Sublettinq and Successors of Interest: Permittee shall not assign,
sublet, mortgage, pledge or otherwise encumber any portion of this
Agreement nor any portion thereof, nor any property associated with this
Agreement without the approval of the Department. Unapproved assignment,
subletting, mortgaging, pledging or encumbering shall be grounds for
. '"-' . , .
immediate termination of this Permit.
It is agreed that all terms and conditions of this Permit shall extend to and be
-
binding on assignees, subpermittees and other successors as may be approved.
Permittee shall be liable for acts and omissions by any assignee or subcontrator
affecting this Agreement.
The County reserves the right to directly terminate any subcontractor for any
cause for which Permittee may be terminated.
18. Indemnification and Insurance: The Permittee shall maintain during the term
of this Agreement, the insurance specified below, and a Certificate of
Insurance shall be filed with the Park and Recreation Department, 50 S,W, 32nd
Road, Miami, Florida 33129, prior to the commencement of this agreement:
A. Workers' Compensation Insurance as required by Chapter 440, Florida
Statutes.
B. Public Liability Insurance on a Comprehensive basis in an amount not less
than $300,000 combined single limit for bodily injury and property
damage. Poiicy shall be endorsed to include Metropolitan Dade County
as an additional insured, Policy will be endorsed to include Products
Liability coverage when applicable.
7
C Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with the work, in an amount not less than
$300,000 combined single limit for bodily injury and property damage.
D. Hazard Insurance to include at least fire, extended coverage, and
vandalism and malicious mischief -Tor the full insurab~e, value of any
structure located upon the premises, naming the County as an additional
payee.
E. Builder's Risk Insurance for any construction during the term of this
Agreement shall provide any other insurance or security that may be
required.
F. No modification, change or cancellation of insurance shall be made
without thirty (30) days written advance notice to Metropolitan Dade
County, do Risk Management Division.
The Public Liability Insurance coverage as required in paragraph (B) above shall
include those classifications as listed in Standard Liability Insurance Manuals
which are applicable to the operations of the Permittee in the performance of
this agreement. All insurance policies required above shall be issued in
companies authorized to do business under the laws of the State of Florida.
They shall have a general policy holders rating of "B" or better and a financial
rating no less than "Class V" as reported by Best's Key Rating Guide, published
by A.M. Best Company, latest edition.
Compliance with the foregoing requirements shall not relieve the Permittee of
its liability and obligations under this section or any other portion of t.his
Agreement.
8
The County reserves the right to reasonably amend the insurance requirements
by the issuance of notice in writing to the Permittee,
The Permittee hereby agrees to indemnify and save the County harmless from
any and all claims, liability, losses and causes of action which may arise as a
result of this Permit, unless such claim, liability, loss or cause of action is the sole
result of the County's negligence.
19. Non-Discrimination:
A. Permittee does hereby for it:..elf, its personal representatives, successors in
interest, and assigns, as part of the consideration hereof, covenant and
agree that:
(1) No person on the ground of race, color, religion, national orrgm,
sex, age or disabilities shall be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination
in the use of said Facilities, except for bonafide causes allowed by
law.
(2) That in the construction of any improvement on, over, or under such
land and the furnishings of services thereon, no person on the
ground of race, color, religion, national origin, sex, age or
disabilities shall be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination, except for
bonafide causes allowed by law.
(3) That the Permittee shall use the premises in compliance with all
other requirements imposed by or pursuant to Title 45, Code of
Federal Regulations, Article 80, Non-discrimination under programs
receiving Federal Assistance through the Department of Health,
Education and Welfare - Effectuation of Title VI of the Civil Rights
Act of 1964, and as said Regulations may be amended.
B. That in the event of breach of any of the above non-discrimination
covenants, the County shall have the right to terminate the Permit and re-
enter and repossess said Facilities thereon and hold the same as if said
Permit had never been made or issued. This provision shall not be
effective, where applicable, until the procedures of Title 45, Code of
9
Federal Regulations, Part 80, are followed and completed including
exercise or expiration of appeal rights. The County does have the
privilege of prohibiting Permittee from removing any fixtures or business
personal property from the Facilities without express written prior County
approval.
C. Permittee shall not discriminate against an employee or applicant for
employment to be employed in the performance of the contract with
respect to hiring, tenure, terms, conditions or privileges to employment
because of age, sex, or disability (except when based on a bonafide
occupational qualification); or because of marital status, color, religion,
national origin or ancestry.
20. It is expressly understood and agreed that no real or personal property is leased
to the Permittee, that this is a Permit and not a Lease, that the Permittee's right
to occupy the premises and operate the Permit hereby granted shall continue
only so long as the Permittee shall comply strictly and promptly with each and
all of the undertakings, provisions, covenants, agreements, stipulations and
conditions herein contained. The Permittee agrees not to represent itself as an
agent or associate of the County or any unit thereof.
21. AssiQnment: The Permittee shall not assign this Permit nor sublet the premises
or any part thereof, or use the same or any part thereof, or permit the same or
any part thereof, to be used for any other purpose than above stipulated or
make any alterations therein without the written consent of the County,
22. Termination: This Permit may be terminated by either party upon sixty (60)
days notice in writing with or without cause, In the event of termination or
cancellation of this Agreement as herein provided, the Permittee shall
10
forthwith remove all its property, failing in which the Department shall have
the right to store or provide for storage of the Permittee's property at the
Permittee's expense or to dispose of such property in accordance with the law.
23. Rules and Requlations: The Permittee will observe, obey and comply with all
rules and regulations adopted by ~he County and all laws, ordinances and/or
rules and regulations of governmental units and agencies having lawful
jurisdiction, which may be applicable to Permittee's operation under this
-
Permit. Permittee specifically acknowledges that it will be bound by Chapter
26 of the Dade County Code and shall not undertake any activity which shall
cause challenge to the County's ownership or right to undertake otherwise
authorized activities at the Park and will immediately cease upon notice from
the County.
24. Inspection By County: The Department shall have the authority to make
periodic inspections of the premises to determine if such are being operated
and maintained in a neat and orderly condition. The Permittee shall be
required to make any improvements in cleaning and maintenance methods
required by the Department. Such periodic inspections will be made at the
Departments discretion to determine compliance with the terms and provisions
of this Permit.
25. Facility Repairs, Alterations and Additions by the County: The County shall
have the absolute right to make any reasonable repairs, alterations and
additions to any facilities in the park, free from any and all liability to the
Permittee for loss of business or damages of any nature whatsoever during the
making of such repairs, alterations and additions, except for such damage
11
caused by the sole negligence of the County and where not otherwise
indemnified by the Permittee,
26. Security: The Department makes no warranties as to any obligation to provide
security for the facilities, outside of standard security measures supplied for the
Park in general. Permittee may provide its own sp.ecialized security for the
facilities, subject to the Department's written approval. Absence of said
Permittee security shall not increase the County's or the Department's security
obligation.
Waiver of any breach shall not constitute waiver of any other breach.
Invalidation of any portion of this Agreement shall not automatically"invalidate the
entire Agreement. Notwithstanding anything herein to the contrary,. permittee .
is not waiving any rights it may have foringress and egress to permlttee's premlses.
IN WITNESS WHEREOF, the parties hereto have caused this Permit to be
executed by their appropriate officials as of the
day of
,19
DADE COUNTY PARK AND
RECREATION DEPARTMENT
ATTEST:
BY:
Joaquin G. Avino, P.E., P.L.S.
County Manager
ATTEST:
BY:
Charles W. Pezoldt
Interi~
BY~
' Pre' nt
Holiday Inn Newport Pier Resort
ATTEST OR
WITNESS:
BY:
ATTEST OR
WITNESS:
12
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EXHIBIT II A"
The easterly extension of Sunny Isles Ocean Beach Boulevard (N.E. 167 Street) as
delineated upon that certain plat recorded in Plat Book 50 at page 76 of the Public
Records of Dade County, Florida, eastward of the pavement of State Road A-1-A to
the mean high water line of the Atlantic Ocean.
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