HomeMy WebLinkAboutReso 99-170
RESOLUTION NO. 99-n.o
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING THE GILBERT SAMSON PARK
INTERLOCAL AGREEMENT, ATTACHED AS EXHIBIT "A"
THEREBY REPEALING RESOLUTION 98-44 AND
DIRECTING THE MANAGER TO EXECUTE THE
AGREEMENT AND THE CITY CLERK TO FORWARD A
CERTIFIED COPY OF SAME TO MIAMI-DADE COUNTY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, heretofore the Gilbert Samson Park, located at AlA Collins Avenue and
167th Street has been the property of Miami-Dade County ("County"); and
WHEREAS, the City of Sunny Isles Beach by Resolution 98-44 previously approved an
Interlocal Agreement for the transfer of the Gilbert Samson Park which was not accepted by
Miami-Dade County pending its decision on whether or not to make such a transfer; and
WHEREAS, the County has now come to that decision and the City of Sunny Isles
Beach ("City") and the County have agreed that the County will transfer said park on the terms
and conditions set forth in the Interlocal Agreement attached hereto and made a part hereof by
reference as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Interlocal Agreement. The City Commission hereby approves the
Interlocal Agreement for the transfer of the Gilbert Samson Park by and between Miami-Dade
County and the City of Sunny Isles Beach attached hereto as Exhibit "A" thereby repealing
Resolution 98-44, and hereby directs the Manager to execute said Agreement and the City Clerk
to forward a certified copy of same to Miami-Dade County.
Section 2.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 2ND day of November, 199 .
David Samson, Mayor
ATTEST:
7~~~~
Richard Brown Morilla, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VOTE: S- - 0
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
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Moved by: ~\~ ~
Seconded by: &~ M~
(Yes)
(Yes)
(Yes)
(Yes)
(Yes)
(No)
(No)
(No)
(No)
(No)
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!1'flJj.RLOCAL AG~~
lbis is an' JnbrlocBl i .grMt'lr.-nt between Mimni-Dade County, a politic:a1.
subdivision of the Stab t ofFlorll1a (the "County"). and tbe City of SUD!lY Isles Bcacl1. a
~ COJpGlllli... ,lflha ilia < of Florida ('!he "City"). <:II!<<CXl iDlo lIJi. 2~ of
~~ 19!19 (the: or his uAgjreemel1t").
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WJI'NESSETB
WHBItEAS, s. chart=' ,. t the City was approved by the citizeoa of the Cit)' on
June 16, 1997; and 1hIl City Commissian was swom intD oftice DO August 7. 1991; and
WlJERBASs III 1 ImarIDCf! l Agreement between the County ana me city soveming
the pIOvisiDII of mUJIloipal Sin ices to the City was zd,~tecl by the Boani of County
eammisaioD.Cl$ and C ~ Comm.i lsioD. an November 4. 19n; and
WHEREAS, . he Count:. contemporaneous!)" with !his: Agreeme.at autb.orizes.
, through Coont)" Deed attac;b.ed b "eto and. mcoJporatec1 herein as Bxlu"bit "'A". the tnosfcr
of Gi1bed Samson M :mnrill Pm k: to the City; and
wmmEAS, the Coum V Deed requ.b:es 1bat 1bc City comply wich. certain
matrictions with. ftSJ eat to 1he I aa1ntemmce ana opcratioo. of Gilbert Samson Memorial
Padc; and
WHDFAS. the ~ wish=s to 1raDSfer amnia additicmaJ. maiDtaumce and.
BClVice respoDSibili1 ies related to Gilb=rt Samson Mcmoria1 J'1tk sad the ;uljoiDing
~ma toft e City; and
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NOW, TIiE'KE~OBE. ] 'OR AND "IN CONSIDERATION OF TBE MUTUAL
COVENANTS HEJ.BlN CON1 AlNED THE COUNTY AND THE erN DO HBRBBY
AGREE TO THE FOI LQ\VlNdi:
1.
Recitah ,.
TIle recitals aet forth abcl''C ate iDI;;o~ herein by
refereo.t:e.
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l. Transfi [ sf Gilb~ tt..Samsoft MeDlorial Par)", 1he Co1mty hereby agree!l
that cf[ectivc Dctem1lCI 1, 19')9, it shall transfer, l;Qnvey, and &ssip to the City by
County-Deec!, the Co~ \Diy's rigl t title and interest in t1mt certampar.k known as (IQilbmt
Samson Memorlal PH~" (the. 'Park:") located at the e~"tedy exteDSion of Suony IlIle!
Ocean Besch Boule\llm (N.E. 167 Sttec..1:) as delineated \!pon that ccttain plat xecorded in
Plat Boak 50 at page 76 ofthl! Public RetioIds of Dade I:Ounty, Florida, c:astwml DfthB
pavameut of State a, lad A~ l-A to 1hG mean high water line of the Atlantic Oce.an. The
City, at its sole mscotf tic;lJl mzy I !MID8 the Park
3. Life~" StatiQ:1\ and Senri.ces. The City agrees to pMde B1 its sole
expea&G for the dura ion of this ~mnen11ifeguarc1"sernces for beach and park pattons
VlithiD the City Limi ts in the sal a.c mamt.el' and at the s.an~ level as prcsaatly provided by
1he County from t 1" CcnmtY QWDed lifBguanl Station idenft~ed lIS die 163rd Stleet
Ufcguar4 ttaUon(1b) UStation"JL lo~ due east of Oilb:tt SamsoZl Memarla1. Park.. 'The
City sball eDSOlC tb It itA 1ifegu: :dscrviccs are in wCIJIIIWance witk all County, Stab:, and
Federal regu1aticm,
L) The County agn. estD transfer 1he :r;naintm\ance and opedicm of Station to
the City for nO ad iitional con lidemtioD, and pravided. however, the City lCSGlVCS the
dgbt 10 rclacaut sa:.d station to ,111 a1temlltive location 0Zl the.beach. within 1110 City lbnits- .
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The City agrees to main' ain the Station in the same or better condition as it presently
exists, and agrees to mailtain the Station in a condition that complies with all County,
State, and Federal regulations.
4. Agreemen: with Holiday Inn at Pier Resort. The City agrees to abide by
the terms and co~ditions ofthe County's April 15, 1993 agreement with the Holiday Inn
Newport Pier Resort, incl)rporated by reference and attached hereto as Exhibit "B."
5.
Parking'S.,aces.
The City agrees to maintain and provide for the
duration of this Agreem ent no fewer than twenty-nine (29) parking spaces at Gilbert
Samson Memorial Park.
6.
Turtle Pre gram.
The County agrees to continue operation of the
Turtle Program in com) tHance with all State Department of Environmental Protection
permits.
7. Beach M Untenance. The, County agrees to continue maintenance of the
beach area seaward oftLe erosiol). control line due east .ofthe Park in compliance with all
applicable local, state, a: Id federal requirements.
8.
Indemnif ication.
The City shalt" indemnify and save harmless the
County from any and a 1 claims, liability, losses, and causes of action which may arise
out of the actions Ofthf; City, its employees, agents, officers. and assigns, arising oftbis
Agreement to the extellt allowable by law. The City, directly or through its insurance
carrier, shall pay all c12 ims . and losses of any nature whatsoever in connection therewith
. and shall. defend all sui ts, in the name of the County when applica.ble, and shall pay all
costs and judgments wi ich may issue thereon.
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The County shall also indemnify and save harmless the City from any and all
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claims, liability, losses a:1d 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 an~ nature whatsoever in connection therewith and shall defend all
suits, in the name of th ~ City when .applicable, and shall pay all costs and judgments
which may issue thereon.
9.. 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 desigrated to the sender by like notice);
If to the County .
County Manager
Miarrii-Dade County
Stephen P. Clark Center
111 N.W. First Street, Suite 2910
Miami, Florida 33128
With a copy to:
Robert A Ginsburg
County Attorney
Miami-Dade COunty
Stephen P: Clark Center
111 N.W. First Stre~ Suite 2810
Miami, Florida 33128
If to the City:
Jack Neustadt
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. Florida 33160
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DADE CTY ArTY "-7
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Unless otherwise requirE':l by law, any notice sent hereunder shall (subject to
proof of receipt or refusal of SaDl e) be deemed to have befm delivered on the same day if
hand-delivered, on the next bus! ness day if sent by overc.igbt courier or on the day of
receipt of refusal, if sent by the c :rtified or registered mail,
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10.
Amendments.
This Agreement may be modified only by an
agreement in writing, signed aJ d sealed by the Managc:r of the City and the County
Manager of Miami-Dade Count)'
11. Sevcrabilitv. Sh, ,uld any provision, paragraph, sentence, word, or phrase
contained in this Agreement be detennined by a court of competent jurisdiction to be
invalid, illegal or otherwise me: aforceable under the laws of the State of Florida) such
provision, paragraph) sentence, 1{ord or phrase shall be deemed modified to the extent
necessary in order to conform ", ith such laws) then same shall be deemed severable, and
in this Agreement, shall remain ~ l1U11odified and in full force and effect.
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IN WITNESS WHERE JF, the parties hereto hHve set their hands and affixed
their respective seals the day and year first above written.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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MIAMI-DADE COUNTY
a political suhdivision of the State of Florida
~~
County Manager
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
CITY OF SUNNY ISLES BEACH,
a politi ubdivision of the State of Florida
cO'~ iRI;-
City gt~
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ATTEST:
Richard Brown-Morilla, City Clerk
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~t~ , 9054;; , 949
Instrument Prepared By and Return To:
W. Howard Gregg, Chief
Planning and Research Division
Miami - Dade County
Park and Recreation Department
275 NW 2nd Street, Suite 426
Miami, Florida 33128
OOR 158528 2000 APR 04 13:53
DUPLICATE COUNTY DEED
THIS DEED, made this d.8" dayof tvl ~c:...~
2000 A.D. by MIAMI-DADE
COUNTY, FLORIDA, a Political Subdivision of the State of Florida, party of the first part,
whose address is: Stephen P. Clark Center, 111 N.W. 1st Street, Suite 17-202, Miami, Florida,
33128, and City of Sunny Isles Beach a municipal corporation, party of the second part, whose
address is City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach,
Florida, 33160:
WITNESSETH:
That the said party of the first part, for and in consideration of the promise of the City of
Sunny Isles Beach to maintain and keep open the subject Gilbert Samson Park, has granted,
bargained, and sold to the said party of the second part, subject to a reverter, the following
described land lying and being in Miami-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.
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~~~ , 9054;; /950
The City of Sunny Isles Beach shall: a) maintain the property in perpetuity as a public
park, b) agree to govern itself, in regards to the subject property, in accordance with Article 6 of
the County Charter, c) keep the park open to all Miami-Dade County residents, d) allow
Unincorporated area residents equal access and use of the park and not discriminate in program
registration, pricing, and other policies, e) operate the park in a manner equal to or superior to
the manner in which parks are operated by the Miami-Dade County Park and Recreation
Department. Failure of the City of Sunny Isles Beach to comply with all of the terms of this
paragraph, after thirty days (30) written notice to correct violation, shall cause the title to
automatically revert to Miami-Dade County.
This grant conveys only the interest of the County and its Board of County
Com'Inissioners in the property herein described and shall not be deemed to warrant the title or to
represent any state of facts concerning the same.
This is a duplicate deed of that attached hereto as Exhibit A, dated December 27,1999
and tendered on February 7, 2000.
IN WITNESS WHEREOF the said party of the first part has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Mayor of said Board,
the day and year aforesaid.
~t~ 19054~ 1951
OFFICIAL SEAL
ATTEST:
HARVEY RUVIN, CLERK
By:
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
By: 0 A - "-?- ,~Ly..(:)\I')
Mayor
r
~~t 19054;; 1952
Exhibit A
Instrument Prepared By and Return To:
W. Howard Gregg, Chief
Planning and Research Division
Miami-Dade County
Park and Recreation Department
275 NW 2nd Street, Suite 426
Miami, Florida 33128
COUNTY DEED
TIllS DEED, made this~::::;" day of D~~~~ 1999 A.D. by MIAMI-DADE
COUNTY, FLORIDA, a Political Subdivision of the State of Florida, party of the first part,
I
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whose address is: Stephen P. Clark Center, 111 N.W. 1st Street, Suite 17-202, Miami, Florida,
33128, and City of Sunny Isles Beach a municipal corporation, party of the second part, whose
address is City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach,
Florida, 33160:
WITNESSETH:
That the said party of the first part, for and in consideration of the promise of the City of
"1
Sunny Isles Beach to maintain and keep open the subject Gilbert Samson Park, has granted,
bargained, and sold to the said party of the second part, subject to a reverter, the following
described land lying and being"in Miami-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-I-A to-the
mean high water line of the Atlantic Ocean.
~~~ 19054 PG 1953
The City of Sunny Isles Beach shall: a) maintain the property in perpetuity as a public
park, b) agree to govern itself, in regards to the subject property, in accordance with Article 6 of
the County Charter, c) keep the park open to all Miami-Dade County residents, d) allow
Unincorportated area residents equal access and use of the park and not discriminate in program
registration, pricing, and other policies, e) operate the park in a manner equal to or superior to
the manner in which parks are operated by the Miami-Dade County Park and Recreation
Department. Failure of the City of Sunny Isles Beach to comply with all of the terms of this
paragraph, after thirty days (30) written notice to correct violation, shall cause the title to
automatically revert to Miami-Dade County.
This grant conveys only the interest of the County and its Board of County
Commissioners in the property herein described and shall not be deemed to warrant the title or to
represent any state offacts concerning the same.
IN WITNESS WHEREOF the said party of the first part has caused these presents to be
executed in its name by its Board of County Commissionres acting by the Mayor of said Board,
the day and year aforesaid.
/7...-
~~t 19054 PG 1954
OFFICIAL SEAL
ATTEST:
HARVEYRUVIN, CLERK
By:
'! .
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COM'MISSIONERS
By:<J-s> - ~ 'Z~ J>
.
Mayor
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STATE OF FLORIDA
)
) SS:
)
COUNTY OF DADE
I, HARVEY RUVIN, Clerk of the Circuit Court in and for Dade County,
Florida, and Ex~fficio Clerk of the Board of County Commissioners of said
County. DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of Resolut ion ~.
R-1381-99
, adopted by the said board
of County Commissioners at its meeting held on
December
16
---.1999
this
IN WITNESS WHEREOF,
24th
have hereunto set my hand and official seal on
day of
February
.' A.D. 2000
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By
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SEAL
Board of County Commissioners
Dade County, Florida
CLK/CT 587 3/93
Approved
Mayor
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CLERK ("F THE BOARD
OF COUNTY COM~/rISSJONERc;,
OADe: COUNTY, FLORIDA -
Agendat Item No. 6 ( L) ( 1 ) (A)
12-16-99
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Veto
Override
RESOLUTION 1\0.
R-l38l-99
RESOLUT: ON AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEl'vIENT WITH THE CITY OF SUNNY
ISLES BEACH; AND AUTHORIZING EXECUTION OF
COUNTY ])EED FOR GILBERT SAMSON PARK
WHEREAS, this B{lard desires to a~complish the purposes outlined in the accompanying
memorandum. a copy ofwl ich is incorporated herein by reference,
NOW THEREFOR3:, BE IT RESOLVED BY THE BOARD OF-COUNTY
COl\1MISSIONERS OF ~dAMI DADE COUNTY. FLORIDA, that this Board authorizes the
County Manager to execu1 e an Interlocal Agreement with the City of Sunny isles Beach for the
conveyance of Gilbert San ~son Park and for other services~ the Park being legally described in the
attached deed and authori "Zes the Mayor to execute a CouDly Deed in substantially the form
f ' . . .
attached hereto and made i l. part thereof, which contain the conditions and reverters described in
the aforesaid memorandum.
The foregoing res,}lution was. offered by Commissioner Kat.y S 1L~R):l
who moved its adoption. The motion was seconded by Commissioner
rams c. lbss
and upon being put to a v Jte, the vote was as follows:
RODRIGUEZ, V., PRI:l:TO, BRADY
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600~
Dr. Miriam Alonso
Dr. Barbara M. Care ,-Shuler
Betty T. Ferguson
Natacha Seijas Milhil \
Dennis C. Moss
DorrinD. Rolle
8B=ot
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aye
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aye
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Agenda Item No. 6 ( L) (l ) (A)
Page No.2
bl uno A. Barreiro
Miguel Diaz de la Portilla
Gwen Margolis
Jimmy L. Morales
Pedro Reboredo
Katy Sorenson
a1sDt:
abBlt
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aye
~
al:s:Dt
~
Javier D. Souto
,
The Chairperson thel eupon declared the resolution duly passed and adopted this 16th day of
December, 1999. This resolltion shall become effective ten (10) days after the date. of its adoption
unless vetoed by the Mayor, and ifvetoed, shall become effective only upon an ovenide by this
,
Board. .
Approved by County Alto mey as -h';
to form and legal sufticien:y. ~
MIAMl-DADECOUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
KAY SULLlV AN
By:
Deputy Clerk
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t9SL SSL SOC XVd Gl:ll I~ OO/Sl/GO
PERMIT AGREEMENT
THIS PERMIT AGREEMENT ("_ Agreement") made and entered into this
2,.4 day of tJov {1~ , 1999, by and between the City of Sunny Isles'
Beach (the "City") and the Newport Operating Management Corp. d/b/a Newport
Beachside Resort, its successors and/or assigns (the "Permittee").
\VHEREAS, the City through an Interlocal Agreement adopted by Resolution
No. l3i '-en. of the County Commission as accepted by the City of Sunny Isles Beach by
Resolution No. 99-j}Q, deeding the Gilbert Samson Memorial Park ("Park") to the City
as attached to this Agreement as Exhibit "A" (hereinafter referred to as the "Interlocal
Agreement"; and
WHEREAS, the City and the Permittee have agreed to continue the terms of the
Agreement, subject to the terms and conditions set forth below, including but not limited
to the City's grants to Permittee of a non-exclusive easement in favor of the Permittee
over and across the Park, solely for pedestrian and vehicular access and any easements to
bury a 208 feet feeder cable; and
WHEREAS, in consideration of this permit, the Permittee agrees to manage and
maintain the park for and on behalf of the City in perpetuity, as well as provide lifeguard
services, until the end of the fiscal year 2000; and
WHEREAS, this permit is determined to be in the best interest of the City and
the Permittee to provide controlled parking, access to ocean and maintenance of the park;
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROVISIONS CONTAINED HEREIN, THE PARTIES
HEREBY AGREE AS FOLLOWS:
1. Incorporation of Recitals. The Recitals set forth hereinabove shall be
incorporated by reference into this Agreement.
2. Purpose. The City hereby grants unto the Permittee, and the Permittee hereby
accepts from the City, a permit to maintain, operate and manage the Gilbert
Samson Memorial Park for the recreation and entertainment of Park patrons
which provides access to the beach and ocean located between State Road AlA
and the ocean at the intersection of Northeast 167th Street and to collect a
reasonable parking fee.
3. Term. The City hereby grants to the Permittee a term of 99 years beginning upon
the execution of this Agreement.
Newport-Holiday Inn Permit Agreement
10/28/99 -- 12:45 PM
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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 City from offering other services or for charging fees to park patrons.
5. Permittee Obligations. As a material inducement for the City to enter into this'
Permit Agreement with Permittee, the Permittee hereby agrees as follows:
1. The Permittee shall (a) either provide and pay for a lifeguard to be located
on the beach or demised premises, in which case the lifeguard shall be the
sole responsibility of the Permittee; or (b) pay for a lifeguard provided by
Miami-Dade County. Specifically, if the Permittee provides the lifeguard,
in accordance with this Paragraph 5 (a), the Permittee agrees to indemnify
and save harmless the City from any and all claims, liability, losses and
causes of action, which may arise out of the actions of the lifeguard, the
Permittee, its employees, agents, officers and assigns, arising outside of
the terms of this agreement, including any claim for which the City has
indemnified the County in accordance with the Interlocal Agreement
attached hereto as Exhibit "A". The Permittee, directly or through its.
insurance carrier, shall pay all claims and losses of any nature whatsoever
in connection therewith and shall defend all lawsuits in the name of the
City when applicable and shall pay all costs and judgment and attorneys'
fees which may issue therefrom. In either case, the lifeguard shall be on
duty during the hours as customary in the Miami-Dade County beaches.
The Permittee shall pay for said lifeguard for a two-year term
commencing on the date the Park Interlocal Agreement is executed by the
City and Miami-Dade County, and terminating two (2) years from that
date.
11. Additionally, the City will have the right to relocate the lifeguard to the
other beachfront park owned by the City.
111. Permittee agrees to abide by any obligations of the City as incurred in any
Interlocal Agreement with the County for the Gilbert Samson Park and
shall indemnify the City for same in accordance with Paragraph 13
hereinbelow.
6. Access. Permittee shall, at all times, maintain the easement as a public park with
free access to the beach for the term of the permit and the City shall have the option to
provide additional services and facilities, as it deems appropriate, subject to the right of
the Permittee to its access easement.
7. Facilities.
a. The Permittee shall maintain the following:
Parking Lot Maintenance:
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(i) Trim trees and shrubs
(ii) Daily waste, litter pickup and removal
(iii) Provide attendant to collect parking fees
(iv) Open and close parking lot at mutually agreeable hours
(v) Removal of excessive sand buildup
Park Maintenance:
(i) Trim trees and shrubs
(ii) Daily waste and litter pickup, dump receptacles and remove debris
(iii) Provide water connection for foot shower at pedestrian gate
(iv) Striping and resurfacing of parking lot as needed
B. The City shall maintain the following:
(i) Clean the sand area of the park by beach maintenance crews during
normal operations
(ii) Replacement of trees and shrubs as necessary
(iii) Maintain the fence and gates (chain link and pipe gate to beach)
(iv) Provide park signage
C. It shall be the responsibility of Permittee to coordinate activities with the
City during construction and normal operations.
8. City Approval. The Permittee agrees that it will obtain prior written approval
from the City, which approval shall not be unreasonably witheld, 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 City'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.
.
9. Public Contact of Permittee's Employees. Permittee's employees in contact with
the public shall perform their duties in an efficient and courteous manner, subject to the
indemnification clause set forth in Paragraph 5 hereinabove.
10. Minimum Hours of ODe ration. The park will be required to be open seven (7)
days a week during those hours of operation approved by the City. Prior to beginning
.operations, the Permittee shall submit a schedule of intended hours of operation to the
City for approval.
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11. 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.
12. 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 City which shall not be unreasonably witheld. 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.
The County reserves the right to directly terminate any subcontractor for any
cause for which Permittee may be terminated.
13. 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 Parks and Recreation Department, 17070 Collins Avenue, Suite 250, Sunny Isles
Beach, Florida 33160, 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. Policy shall be endorsed to include Metropolitan Dade County as
an additional insured. Policy will be endorsed to include Products
Liability coverage when applicable.
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, l}aming the City 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
required.
f. No modification, change or cancellation of insurance shall be made
without thirty- (30) days written advance notice to the City of Sunny Isles
Beach, c/o City Attorney.
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
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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.
The City 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 City 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 result of the City's
negligence.
14. Non-Discrimination.
a. Permittee does hereby for itself, its personal representatives, successors in .
interest and assigns, as part of the consideration hereof, covenants and
agrees that:
(i) No person on the grounds 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.
(ii) That in the construction of any improvements on, over, or under
such land and the furnishings of services thereon, no person on the
grounds 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.
(iii) That the Permittee shall use the premises in compliance with all
other requirements imposed by.or pursuant to Title 45, Code of
Federal Regulatiom:, 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 City shall have the right to terminate the Permit and reenter
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 Federal
Regulations, Part 80, are followed and completed including exercise or
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expiration of appeal rights. The City does have the privilege of
prohibiting Permittee from removing any fixtures of business personal
property from the facilities without express written prior City 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.
15. No Lease. 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 City or any unit
thereof.
16. Termination. This Permit may not be terminated for two (2) years from the
execution of the Interlocal Agreement. Thereafter, this agreement may be terminated by
either party upon sixty- (60) day's notice in writing provided that the City's termination
shall be for cause which shall be defined as a failure to comply with the terms of this
agreement. In the event of termination or cancellation of this Agreement as herein
provided, the Permittee shall forthwith remove all its property, failing in which, the City
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.
Notwithstanding the foregoing and anything in this agreement to the contrary, it is the
intention of the parties that Permittee shall have unimpeded access to the pier and
adjacent hotel property at all times.
17. Inspection bv the City. The City 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 requir~d by the City. Such periodic inspections will
be made at the City's discretion to determine compliance with the terms and provisions of
this Permit.
18. Facility Repairs. Alterations and Additions bv the City. The City 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 caused by the sole negligence of the City and where not
otherwise indemnified by the Permittee.
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,-
19. Security. The City 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 specialized security for the facilities, subject to the City's
written approval. Absence of said Permittee security shall not increase the City's
obligation.
20. Waiver. Waiver of any breach shall not constitute waiver of any other breach.
21. Invalidation. 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 for ingress 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 \J~ ,
19?9.
Attest:~~~-U.o..
Attest: ~ ~
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Attest:
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By:
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