HomeMy WebLinkAboutReso 2001-335
RESOLUTION NO. 2001-~5
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING A NON-EXCLUSIVE PARKING
LICENSE AGREEMENT BY AND BETWEEN OCEAN TWO
LIMITED PARTNERSHIP AND THE CITY OF SUNNY ISLES
BEACH FOR USE OF A PORTION OF THE PARKING LOTS
UNDER THE WILLIAM LEHMAN CAUSEWAY FOR
CERTAIN FEES; AUTHORIZING THE MAYOR TO
EXECUTE THE NON-EXCLUSIVE PARKING LICENSE
AGREEMENT ATTACHED HERETO AS EXHIBIT "A"
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach has entered into a lease agreement with the
Florida Department of Transportation ("FDOT") for the use of the parking lots and surrounding
property under the William Lehman Causeway; and
WHEREAS, the City of Sunny Isles Beach has been given permission by FDOT to collect a
daily fee from the general public for the use of the parking lots; and
WHEREAS, Ocean Two has requested that the City enter into an agreement and the City
desires to enter into a non-exclusive parking license agreement with Ocean Two for the use of a
portion of said parking lot under the terms and conditions set forth below; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Non- Exclusive Parking License Agreement. The Non-Exclusive Parking
License Agreement by and between the City of Sunny Isles Beach and Ocean Two Limited
Partnership for use of a portion ofthe parking lot under the William Lehman Causeway on a year to
year basis for a lump sum payment of $50,000 for past use of the Parking lot by Ocean Two and a
monthly license fee for the initial term effective March 1, 2001 of $10,000 renewal yearly as
required, attached hereto as Exhibit "A", be, and the same, is hereby approved.
Section 2. Authorization ofMavor and Manager. The Mayor is hereby authorized to execute said
contract and the City Manager is authorized to do all things necessary to effectuate the agreement.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
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William Lehman Causeway License Agmt Reso
PASSED AND ADOPTED this 29TH day of May, 2001.
ATTEST:
~~~'~N(,\~
,Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
ANDLEGAL SUFFICIENCY:
Vote: 5-0
Mayor Samson
Vice Mayor Kauffman
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
v (Yes)
V (Yes)
V (Yes)
V (Yes)
~(Yes)
William Lehman Causeway License Agmt Reso
Moved by: 6"'ffil ~' OIJ~-r;;R:ET~I<Y
Seconded by: '" \c..!. n'lA"tOR. t)A~FFIY\AI\J
_(No)
_(No)
_(No)
_(No)
_(No)
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CITY OF SUNNY ISLES BEACH
NON-EXCLUSIVE PARKING LICENSE AGREEMENT
This Non-Exclusive Parking License Agreement is made as of the 1st day of June,
2001, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation ("City")
and OCEAN TWO LIMITEn~^RINERSHIP,a Florida limited-partnership ("Ocean Two"f
or assIgns.
RECITALS
Whereas, the City has previously entered into a lease agreement with the Florida
Department of Transportation ("FDOT") for the use of the parking lots and surrounding property
under the William Lehman Causeway; and
Whereas, the City has been given permission by FOOT to collect a daily fee from the
general public for the use of the parking lots; and
Whereas, Ocean Two has approached the City about using a portion of the parking lot
for the parking of automobiles owned by employees of construction companies that are working
on the Ocean Two's condominium project; and
Whereas, the City desires to enter into a non-exclusive parking license agreement with
Ocean Two for the use of a portion of the parking lot under the William Lehman Causeway; and
Whereas, the license agreement will be consistent with the authority that the City has
over the parking lots pursuant to the lease agreement with FOOT; and
NOW, THEREFORE, in consideration of the execution and delivery of this Agreement
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby further agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
in their entirety.
2. Use of ParkinS! Lots. The City hereby licenses, on a non-exclusive basis, to
Ocean Two a certain number of parking lots to be used for passenger automobile parking only.
No other use of the parking lots is permitted without written permission from the City. This
license reserves the public right to use the parking lots and Ocean Two acknowledges that the
City has the authority to use the parking lots for a public purpose.
3. Term. The term of this Non-Exclusive Parking License shall commence with the
date of this license agreement and end the last day of December of the current calendar year.
This License shall automatically renew yearly for a one-year period, unless the City or Ocean
Two receives thirty (30) days written notice from each to the other by December I st of any year.
Parking License .\grecmcnt - Oc<;an Two
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4. License Fees. Upon the execution of this license agreement, Ocean Two shall
pay the City a lump sum payment of $50,000 for past use of the parking lots by Ocean Two and
other related entity. The monthly license fee for the initial term of this License shall be $10,000,
effective March I, 200 I. The monthly license fee shall be paid in advance, on or before the first
day of each calendar month, under this agreement. The City shall set the monthly license fee for
each renewal period no later than December I SI of each year.
5. Assi2Dment. This License Agreement may not beassigt1~~<:>~~':l~J~!~Xc9~~~
TW&,-inwholtorin part;wi1hourpriotCwriUen~conserironne-City:..~._- .. .
6. Indemnification. This Agreement is one of licensing in property and is not a
bailment. Ocean Two shall assume full responsibility for its vehicles and those of its employees,
agents and invitees, and the contents of the vehicles. Ocean Two, as a material part of the
consideration to be rendered to the City under this License Agreement, to the extent permitted by
law, hereby waives all claims against the City, its agents servants or employees for loss, theft or
damage to property and for injuries to persons in, on or about the parking lots or surrounding
property. Ocean Two shall indemnify, defend and hold the City, its employees and public
officials, agents, and servants harmless from, and on account of, any damage or injury to any
person, or to the property, goods, wares and merchandise of any person, arising from the use of
the parking lots by Ocean Two, its agents, servants, employees, contractors, invitees or licensees.
.('''::.:
7. Assumption of Risk. Consistent with paragraph six and not in limitation with the
aforementioned paragraph all property belonging to Ocean Two or any user of the parking lots
shall be there at the risk of Ocean Two or such other person only. Except for the deliberate act
of the City or its agent or employees, the City, its employees and public officials, and agents
shall not be liable for injury to persons, or damage to, or theft of, or misappropriation of such
property by any means whatsoever. Ocean Two shall give prompt notice to the City in case of
any such injury, damage, theft, or misappropriation. In case any action or proceeding should be
brought against the City by reason of any obligation on Ocean Two's part to be performed under
the terms of this License or arising from any act or negligence of Ocean Two, or of its agents or
employees, Ocean Two, upon notice from the City, shall defend the City at Ocean Two's
expense, by counsel reasonably satisfactory to the City.
8. Compliance with Law. Ocean Two shall comply with all applicable county and
city ordinances in fulfilling its responsibilities under this Agreement. The parking lots shall be
used by Ocean Two, its employees, contractors, agents, and invitees, pursuant to such rules and
regulations, as the City shall from time to time promulgate.
9. Default. In the event of any default by Ocean Two under this License, the City
shall have the right to terminate the License upon thirty (30) days notice.
10. Leasehold Interest. This License and the rights of Ocean Two shall be and are
made subject and subordinate to the lease agreement between the City and FDOT. In the event
of termination of lease agreement, the City shall be released from any future liability upon any
covenants or conditions, express or implied, herein contained in favor of Ocean Two, and in such
Parking Licensc .\greement . Ocean T\\"o
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event, Ocean Two agrees to look solely to the responsibility of the successor in interest of the
City in and to this License.
11. Attornevs Fees. In the event of any litigation between the City and the Ocean
Two to enforce any provision of this License or any right to either party, Ocean Two shall pay
upon demand all the City's attorneys fees and costs, charges and expenses, incurred in enforcing
Ocean Two's obligations under this Agreement or incurred by the City in any litigation,
negotiation or transaction in which Ocean T\Vocauses the9t)',~\Vi!~()uttJ1eCity's faulttQbe
. ~ inVOlved. ~C^"C".'CcC- -~_,_c-'^'~c__.~_c_~.=_.._-,_.c_._. __-'.'.-C'_C"~_' 'c - . ~- --- ~ ~~~--- --~... -.
12. Bindine:. The provisions of this License Agreement shall be binding upon the
parties hereto and their respective successors and/or assigns.
13. Entire Ae:reement. This Agreement constitutes the entire agreement between the
parties and may not be changed, altered or modified except by an instrument in writing signed by
the party against whom enforcement of such change would be sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement 10
duplicate on the day and year first written above.
~~~;~~~-
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OCEAN TWO LIMITED
PAR71H:I~
BY: l.LilQ------~
To,{y Ibanese, Vice President
ATTEST:
~J~~~~
:0. Richard Brown,.McriHa, City Clerk
:::y ,~ti::f.t;;~c"~),..
David Samson, Mayor
APPROVED AS TO FORM AND
LEGA~,~~FFICIrCY
BY .-, . (t "-
;' ,*~~. D~~:~;:CiiYAttorney
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 Phone (305) 949-3113 Fax
Parking License ,\gr~em"nt . Ocean Two
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