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HomeMy WebLinkAboutReso 2008-1296 RESOLUTION NO. 2008-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN ADDENDUM TO THE PARKING LICENSE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA, AND FORTUNE BEACH, LLC FOR USE OF A PORTION OF THE PARKING LOTS UNDER THE LEHMAN CAUSEWAY, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 2005-807 the City of Sunny Isles Beach ("City") entered into a Parking License agreement with Fortune Beach, LLC ("Fortune") for use of the parking lots and surrounding property under the Lehman Causeway; and WHEREAS, the parties entered into an Amendment to City of Sunny Isles Beach Parking License Agreement on April 11, 2006 (the "First Amendment"); and WHEREAS, the Initial Term of the Agreement expired on June 30, 2008; and WHEREAS, the parties have agreed to a one (1) year extension of the term of the Agreement, which shall commence effective July 1, 2008 and expire on June 30, 2009 pursuant to the terms provided in the Addendum to the Agreement, attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The Addendum to the Parking License Agreement by and between the City of Sunny Isles Beach and Fortune Beach, LLC, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said Addendum to the Parking License Agreement. Section 3. Authorization of the City Attorney and the City Manager. The City Attorney and the City Manager are hereby authorized to do all things necessary to effectuate the terms of the Addendum to the Parking License Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. Approving Addendum To Parking License Agreement Page I of2 PASSED AND ADOPTED this I ih day of July 2008. ATTEST: ~A~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: e ~ ./'\/1/\/1 A/' ans Ottinot, City Attorney w~ Moved by: VI c.e. rI\~ L~I\t.8?_ Seconded by: (!.JJ)~~ ~~E'2.IN Vote: 5-D Mayor Edelcup Vice Lewis Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl V (Yes) V(Y es) ~(Y es) l/tY es) 17(Yes) _(No) _(No) _(No) _(No) _(No) Approving Addendum To Parking License Agreement Page 2 01'2 Addendum to City of Sunny Isles Beach Parking License Agreement This Addendum to City of Sunny Isles Beach Parking License Agreement (this "Addendum") is made as of this day of , 2008, by and between the City of Sunny Isles Beach, a municipal corporation (the "City") and Fortune Beach, LLC, a Florida limited liability company ("Fortune"). RECIT ALS WHEREAS, on June 9, 2005 the City of Sunny Isles Beach Commission authorized the Mayor to execute a Parking License Agreement with Fortune (the "Agreement") pursuant to Resolution No. 2005-807; and and WHEREAS, the Agreement was executed by the City and Fortune on August 3 I, 2005; WHEREAS, the parties entered into an Amendment to City of Sunny Isles Beach Parking License Agreement on April I 1, 2006 (the "First Amendment"); and WHEREAS, the Initial Term of the Agreement expired on June 30, 2008; and WHEREAS, the parties have agreed to a one (1) year extension of the term of the Agreement, which shall commence on July 1, 2008 and expire on June 30, 2009 (the "First Extended Term") pursuant to the terms provided below: NOW, THEREFORE, in consideration of the execution and delivery of this Addendum and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Recitals. The foregoing recitals are true and correct and are incorporated herein in their entirety. 2. Defined Terms. Unless otherwise defined herein, all defined terms shall have the same meaning as ascribed to them in the Agreement. 3. Use of Lehman Parking Lots. The City hereby licenses to Fortune, on a non- exclusive basis, during the First Extended Term, the right to use up to 300 parking spaces at the Lehman Parking Lots. 4. License Fees. Ten (10) days prior to the first day of each month of the First Extended Term, Fortune shall advise the City, in writing, of the number of Lehman Parking Spaces that it shall require for that month. The City shall issue parking passes for the stated number of vehicles and Fortune shall pay the City an amount equal to $45.00 per month per MIA DOCS 2868884 I 6/30/08 parking pass issued. The monthly license fee shall be paid in advance, on or before the first day of each calendar month during the First Extended Term. 5. Termination for Convenience of Citv. The City may, for its convenience and without cause terminate this Addendum upon sixty (60) days notice. 6. Addendum. Unless otherwise provided herein, all other terms and conditions of the Agreement, as amended by the First Amendment and supplemented by this Addendum, shall remain in full force and effect. If there is a conflict between the Addendum and the original Agreement, or any other documents, the terms of the Addendum shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in duplicate on the day and year first written above. WITNESSES: FORTUNE BEACH, LLC, a Florida limited liability company By: Fortune International Equity Corp., a Florida corporation, as Manager By: Edgardo Defortuna, President ATTEST: CITY OF SUNNY ISLES BEACH V- V)-aJ ,/ Jane A. Hines, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Hans Ottinot, City Attorney MIADOCS 2868884 I 6/3 % 8 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5 I 07 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Gerry Goodman, Commissioner Roslyn Brezin, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney .Jane A. Hines, CMc, City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney r~ ~ PIA DATE: July 17,2008 RE: Approving an addendum to the parking license agreement between the City and Fortune Beach, LLC. RECOMMENDA TION It is recommended that the City Commission adopt the attached Resolution, approving an addendum to the parking license agreement between the City and the Fortune Beach, LLC ("Fortune"). REASONS Pursuant to Resolution No. 2005-807, the City Commission authorized the execution of a Parking License Agreement with Fortune to allow for the parking of employees cars, trucks and construction equipment. This agreement expired on June 30, 2008 and Fortune wishes to continue using certain parking spaces in the parking lots under the Lehman Causeway. This addendum gives Fortune the non-exclusive right to use up to 400 parking spaces at the Lehman Parking lots for an additional year at a cost of $45.00 per month per parking pass issued. The agreement commences effective July 1,2008 and expires on June 30, 2009. /attachment HO/fa/jb Agenda Item IOK . 1-/7-0'& Fortune Parking Agrmt for \XI] ,C: & Siblvd Agenda Memo Date ~ TO: Via: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Douglas Haag, Assistant City Manager-Finance OWl~} July 17,2008 FORTUNE BEACH PARKING AGREEMENT ADDENDUM The City Manager concurs with the recommendation and resolution from the City Attorney regarding the agreement with Fortune Parking as well as the rate of $45.00 per month. TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I 13 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC, City Clerk MEMORANDUM Hans Ottinot, City Attorney ~ Priscilla Walker, CMC, Deputy City Clerk/Office Manager August 13,2008 Approval of Addendum to Fortune Beach Parking License Agreement At its regular meeting of July 17, 2008, the City Commission adopted Resolution No. 2008- 1296, which approved the above-referenced item. Attached is a copy of the approving resolution and two partially-executed original Agreements to assist you in processing this item. Upon return by the vendor, please forward a fully-executed original Agreement to the Office of the City Clerk for the record. Thank you. Ipw Attachments cc: A. John Szerlag, City Manager (w/o attachments) Fortune Parking License For WLC Memo