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HomeMy WebLinkAboutReso 98- 64RESOLUTION NO.98- A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING RESOLUTION NO. 98-44, ADOPTING A PARKS INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY, AND SPECIFICALLY DECLINING TO ENTER INTO SUCH AN INTERLOCAL AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") and Miami -Dade County (the "County") negotiated an Interlocal Agreement on November 4, 1997, which will be extended once again on July 21, 1998; and WHEREAS, on April 23, 1998, by Resolution No. 98-44, the City adopted a Resolution adopting a Parks Interlocal Agreement attached hereto as Exhibit "A"; and WHEREAS, the City has reconsidered this matter and declines to enter into that Interlocal for a number of reasons; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. That Resolution No. 98-44 be and the same is hereby repealed. Section 2. The City specifically declines to enter into a Parks Interlocal Agreement at this time and transfer of the Permit Agreement by and between the County and the Holiday Inn Newport Pier Resort (the "Permit") is not accept by the City. Section 3. This Resolution shall become effective immediately. PASSED AND ADOPTED this 161h day of July, 1998. David Samson, May r ATTEST: Richard Brown-Morilla, City Clerk Res, Repealing Res. 98-44 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4ADannheisser, City Attorney Vote: Mayor Samson (Yes) Vice Mayor Turetsky _(Yes) Commissioner Iglesias __(Yes) Commissioner Kauffman t/ (Yes) Commissioner Morrow c/ (Yes) Res. Repealing Res. 98-44 Moved by: Seconded by: (No) (No) (No) (No) (No) RESOLUTION NO. 98Lit - 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 FOR AN 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, FLORIDA, 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. PASSED AND ADOPTED this 23rd day of April, 1998. ATTEST: David Samson, Mayor Richard Brown-Morilla, City Clerk Park Interlocal Res. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Ly M. Dannheisser, City Attorney Vote: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Park Interlocal Res. Moved by: C """'^' a si `'^'.,� Moyau.) Seconded by: ss � J W � f -- /Yes) L/(Yes) (No) (No) L/(Yes) (No) (Yes) (No) V (Yes) (No) PARK INTERLOCAL AGREEMENT THIS 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 Park Interlacal RA park known as "Gilbert Samson Memorial Park," located at AIA (Collins Avenue) and 167th Street and as more particularly described in Exhibit "B" attached hereto and incorporated herein. 3. Assignment of Permit Agreement. 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 $1,000 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, ofthis 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 Permittee. 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. Yuk Intm1o"I R. 1 2 5. Indemnification. The City shall indemnify and save harmless 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 indemnify and save harmless 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 of the 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: With a copy to: If to the City: Pads IuWlmal R 1 3 County Manager Miami -Dade County 111 N. W. First Street, Suite 2910 Miami, Florida 33128 Robert A. Ginsberg County Attorney Miami -Dade County 111 N.W. First Street, Suite 2810 Miami, Florida 33128 James DiPietro,City Manager City of Sunny Isles Beach 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 of the 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 Pak InterloW Rl 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 Pads hafflood R 1 5 MIAMI-DADS COUNTY a political subdivision of the State of Florida Merrett Stierhiem, County Manager ATTEST: Harvey Ruvin, Clerk Lo 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 EXHIBIT "A" GILBERT SAMSON MEMORIAL PARK WARRANTY DEED This Statutory Warranty Deed is made by MIAMI-DADS 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 of Ten 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 if used for other purposes shall revert back to the Grantor. Pads interlocal Rl 6 (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 Priat Name Merrett Stierhiem, County Manager 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-DADS 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: Park Intedo"I Rl 7 Notary Public, State of Florida Commission No.: EXHIBIT "B" GILBERT SAMSON MEMORIAL PARK [LEGAL DESCRIPTION/PLAT TO BE PROVIDED BY COUNTY] Pak h tedoul Rl PERMITAGREEMENT 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 ("Department"), 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: • 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 parties 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 determined 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. Ing_res a E q r ss: is pressl provide that a Per ttee' gu e pl ees d s ice v icles y obtai acces o the P rmitt s p mis t oug he P rk p ing lot f this P mit reeme is can led, o fu her acc s wii e pe itted rough a Park. 7. Property Description: The Permitted premises is that portion of Gilbert Sampson Memorial Parkas show on "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, 1 1A, 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 County 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 11% 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 (1) 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 CI Park maintenance (1) Trim trees and shrubs (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. Damages 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. Damage 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. 17. Assignment, Subletting 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 -for the full insurable -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, c/o 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 this Agreement. 0 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 origin, 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. Assignment: 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 Regulations: The Permittee will observe, obey and comply with all rules and regulations adopted by the 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 forthe facilities, outside of standard security measures supplied for the Park in general. Permittee may provide its own specialized 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 permittee's premises. IN WITNESS WHEREOF, the parties hereto have caused this Permit to be executed by their appropriate officials as of the day of , 19 ATTEST: ATTEST: ATTEST OR WITNESS: ATTEST OR WITNESS: DADE COUNTY PARK AND RECREATION DEPARTMENT BY: Joaquin G. Avino, P.E., P.L.S. County Manager BY: Charles W. Pezoldt Interim Direc r BY: & P Pre nt Holiday Inn Newport Pier Resort 12 • � t EXHIBIT "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. M// 9e- c y Memo To: Richard Brown-Morilla City Clerl From: James DiPietro, City Manager Date: July 17, 1998 Subject: Parks Interlocal Agreement Resolution - Adopted 7/16/98 Please provide me with an executed copy of the referenced resolution. DO NOT DISTRIBUTE TO i1IIAINII-DADS COUNTY. Thank you. cc: Lynn Dannheisser City Attorney From the desk of... James DiPietro City Manager City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 (305) 947-0606 Fax (305) 949-31 13 City of Sunny Isles Beach Office of the City Clerk 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida TO: Jim DiPietro DATE: July 21, 1998 City Manager FROM: Richard Brown-Morilla� City Clerk SUBJECT: City Resolution No. 98-64, Repealing Resolution No. 98-44, and Declining to Enter into a Parks Interlocal Agreement with the County Per your request, attached please find an executed copy of Resolution No. 98-64, Repealing Resolution No. 98-44, and Declining to Enter into a Parks Interlocal Agreement with the County. I have also attached a copy of Resolution No. 98-44. Please note that as you have instructed, this document HAS NOT BEEN DISTRIBUTED TO MIAMI-DADE COUNTY. cc: Mayor David Samson City Attorney Lynn Dannheisser Attachment