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Home My WebLink AboutReso 2003-629 RESOLUTION NO. 2003- 102'1 A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING A NON-EXCLUSIVE PARKING LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND TANGIERS BEACH ASSOCIATES AIKIA FORTUNE INTERNATIONAL, 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 FORAN 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, Tangiers Beach Associates a/k/a Fortune International, has requested that the City enter into an agreement and the City desires to enter into a non-exclusive parking license agreement with Tangiers Beach Associates 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 Tangiers Beach Associates a/k/a Fortune International, for use of a portion of the parking lots under the William Lehman Causeway, not less than 100 parking spaces, effective December 1, 2003 through December 1, 2004, for a monthly license fee for the initial term of this License shall be $8,000.00, attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authorization of Mayor 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 will become effective upon adoption. PASSED AND ADOPTED this 18th day of December, 2003. Page 1 of2 R2003- Non-Exclusive Pkg Iic Agmt wrrangiers BeachIFortune International ATTEST: ' ~' -~_;~l/.~ c'. Jane; A. Hines, City'Clerk , J ~ t: ~. APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~p Lynn M. Dannheisser, City Attorney Moved by: (" f1VWW'.\~SIO~t:(AL ffi-4t-~ Seconded by: ~ Y'NW\.\ S~ \ b ~ .:c <3J,..~,~ ~ Vote: Lf -0-( Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler V(Yes) _(Yes) l./1:Y es) V(Yes) V(Yes) =~~~~ ~ Ab~~~ _(No) _(No) _(No) Page 2 of 2 R2003- Non-Exclusive Pkg Lic Agmt w/Tangiers BeachIFortune International CITY OF SUNNY ISLES BEACH NON-EXCLUSIVE PARKING LICENSE AGREEMENT This Non-Exclusive Parking License Agreement ("Agreement") is made as of the 4th day of December, 2003, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation ("City") and TANGIERS BEACH ASSOCIATES, a Florida general partnership ("Tangiers") or assigns. RECITALS Whereas, the City has previously entered into a lease agreement ("FOOT Lease") with the Florida Department of Transportation ("FOOT") which expires on 2/16/2010 for the use of the Parking Lots and surrounding property under the William Lehman Causeway (collectively the "Parking Lots"); and Whereas, the City has been given permission by FOOT to collect a daily fee from the general public for the use ofthe Parking Lots; and Whereas, Tangiers has approached the City about using a portion of the Parking Lots for the parking of automobiles owned by employees of construction companies that are working on the Tangiers's condominium project; and Whereas, the City desires to enter into a non-exclusive parking license agreement with Tangiers for the use of a portion of the Parking Lots; and Whereas, this Agreement is consistent with the authority that the City has over the Parking Lots pursuant to the FOOT Lease; 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 Tangiers a certain number of Parking Lots to be used for passenger automobile and truck 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 Tangiers acknowledges that the City has the authority to use the Parking Lots for a public purpose, provided however that at all times during the term of this Agreement, Tangiers shall have non-exclusive access to not less than 100 parking spaces in the Parking Lots. 3, Term. The term of this Non-Exclusive Parking License shall commence on December 1, 2003 and run-through December 1, 2004, 639284~1 " 4. License Fees. The monthly license fee for the initial term of this License shall be $8,000.00, beginning December I, 2003. The monthly license fee shall be paid in advance, on or before the first day of each calendar month, under this agreement. 5. Assi2nment. This License Agreement may not be assigned or sublet by Tangiers, in whole or in part, without prior written consent of the City, which consent may not be unreasonably withheld. 6. Indemnification. This Agreement is one of licensing in property and is not a bailment. Tangiers shall assume full responsibility for its vehicles and those of its employees, agents and invitees, and the contents of the vehicles. Tangiers, 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 in, on or about the Parking Lots or surrounding property. To the extent permitted by law, Tangiers 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 Tangiers, its agents, servants, employees, contractors, invitees or licensees. 7. Assumt)tion of Risk.. Consistent with paragraph six and not in limitation with the aforementioned paragraph all property belonging to Tangiers or any user of the Parking Lots shall be there at the risk of Tangiers or such other person only. Except for the deliberate or negligent 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. Tangiers 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 Tangiers's part to be performed under the terms of this License or arising from any act or negligence of Tangiers, or of its agents or employees, Tangiers, upon notice from the City, shall defend the City at Tangiers's expense, by counsel reasonably satisfactory to the City. 8. ComDliance with Law. Tangiers shall comply with all applicable county and city ordinances in fulfilling its responsibilities under this Agreement. The Parking Lots shall be used by Tangiers, 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 either party under this License, the non- defaulting party shall have the right to terminate this License upon thirty (30) days notice, 10. Leasehold Interest. This License and the rights of Tangiers shall be and are made subject and subordinate to the FOOT Lease. In the event of termination of FOOT Lease, the City shall be released from any future liability upon any covenants or conditions, express or implied, herein contained in favor of Tangiers, and in such event, Tangiers agrees to look solely to the responsibility of the successor in interest of the City in and to this License; provided however, that in the event Tangiers's use of the Parking Lots is terminated as a result of such termination, City shall refund Tangiers any prepaid sums for any period subsequent to said termination date. 639284-1 11. Attornevs Fees. In the event of any dispute arising out of or related to this License, the prevailing party shall be entitled to receive from the other party the reasonable attorneys' fees, costs and disbursements and court costs incurred by the prevailing party through the trial and all appellate levels and including any of same incurred in connection with enforcement of judgments and other collection costs. 12. Bindin2. The provisions of this License Agreement shall be binding upon the parties thereto and their respective successors and/or assigns, 13. Entire A2reement. 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 in duplicate on the day and year first written above. WITNESSES: ~,U~ / 2-, ~/~ LA. \ \U'A. TANGIERS BEACH ASSOCIATES BY: .~ ~~ /2- 4-03 Ron Choron, Vice President of Construction ATTEST: ~~~.~ Hlb11va~'MWAI\f,~'l{WI Jane A. Hines, City Clerk ! 639284-1