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
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Agenda Item
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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