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Home My WebLink AboutReso 2010-1505 RESOLUTION NO. 2010- J~()S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PARKING LICENSE AGREEMENT WITH AVILA NORTH CONDOMINIUM ASSOCIATION, INC. FOR PARKING SPACES WITHIN THE MUNICIPAL PARKING LOT LOCATED AT THE NORTHEAST CORNER OF 175 TERRACE, IN SUBSTANTIALLY THE SAME FORM AS EXHIBIT "A", ATTACHED HERETO; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Avila North Condominium Association, Inc., requested the use of up to thirty (30) parking spaces within the Municipal Parking Lot located at the NE corner of 175th Terrace (behind Walgreen's), for use by their residents for a 90-day period; and WHEREAS, during the 90-day period of permissible use, the parking spaces may be utilized only by A vila North Condominium residents; and WHEREAS, the City wishes to ent~r into a Parking License Agreement with A vila North Condominium Association, Inc. for use of up to 30 parking spaces within the City's Municipal Parking Lot located at the NE corner of 17Sth Terrace, for a flat rate of One Thousand Eight Hundred Dollars ($1,800.00) per month, commencing on the effective date for a 90-day period with certain conditions, in substantially the same form as Exhibit "A", attached hereto; and WHEREAS, if there has been no contact from A vila North Condominium Association, Inc., within the next sixty (60) days and/or if there are substantial changes to the agreement, then the City Manager's authority is voided. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of City Manager. The City Manager is hereby authorized to enter into a Parking License Agreement with A vila North Condominium Association, Inc., attached hereto as Exhibit "A", to provide up to thirty (30) parking spaces within the Municipal Parking Lot located at the NE corner of 175 Terrace for a 90-day period at a flat rate of $1 ,800.00 per month. Section 2. Authorization of the City Manager and City Attorney. The City Manager and City Attorney are authorized to do all things necessary to effectuate the terms of this Agreement if the Agreement is finalized within sixty (60) days. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 21st day of January 2010. R201O- Avila North Condo Assn Parking Agmt Page 1 of2 , 1\~TEST: '~A~ . Jane A. Hines, GMC, City Clerk APPROVED AS TO FORM AND E AL SUFFICIENCY: Moved by: V \ (~ rY\~ --rH M. cr12 Seconded by: C1~~h~ Vote: S-O Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl ~(Yes) V (Yes) V (Yes) V(Yes) -1L.-(Yes) _(No) _(No) _(No) _(No) _(No) R2010- Avila North Condo Assn Parking Agmt Page 2 of2 - CITY OF SUNNY ISLES BEACH PARKING LICENSE AGREE MEN .. \\)~~ . , ~~~ -- This Parking License Agreement (this "Agreement") is made as of the _ day of , 2009, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation (the "City") and AVILA NORTH CONDOMINIUM ASSOCIA nON a Florida not for profit corporation ("Avila North"). RECIT ALS WHEREAS, A vila North has approached the City about utilizing parking spaces at the City parking facility located behind the Walgreen's business situated at 17534 Collins Avenue, Sunny Isles Beach, (the "City Facility") for off-site parking to accommodate potential overflow parking from the residents of Avila North for a 90 (ninety) day period commencing December 1, 2009; and WHEREAS, the City desires to enter into an exclusive parking license agreement with Avila North for the use of up to thirty (30) parking spaces located within the City Facility for use by residents of Avila North during the 90 (ninety) day commencement period; 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 is hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein in their entirety. 2. Use of City Facilitv. The City hereby licenses to Avila North the right to use up to thirty (30) parking spaces located within the City Facility to accommodate potential overflow parking from residents of Avila North, commencing on December 1, 2009, (the "Effective Date") and ending on March 1, 2010. However, during the following described cultural events sponsored by the City, the residents of Avila North shall not be permitted to park their vehicles at the City Facility: (1) Hannukah on December 20,2009, (2) Sunny Serenade on January 20,2010, and February 17,2010, and (3) Movie nights on January 9, 2010, February 6, 2010, and March 6, 2010. During the 90 (ninety) day period of permissible use, the parking spaces may be utilized only by residents of Avila North. No other use of the City Facility by Avila North is permitted without written permission from the City. It is understood and agreed that the spaces will be specifically reserved and delineated as such for use only by Avila North. 3. Displav of Temporary Parking Permit. All vehicles that are parked by residents of Avila North in the City Facility shall prominently display a temporary parking permit issued by Avila North. Vehicles not displaying a temporary parking permit card on their windshield will be issued parking tickets that will not be voided out by the City's Parking Enforcement Section of the Community Development Department. .. 4. License Fee. Avila North shall pay a flat rate of $1 ,800.00 (one thousand eight hundred dollars) per month for use of the City Facility, commencing on the Effective Date. 5. Adiustment to Number of Parkin!!: Spaces. Avila North anticipates that, as of the Effective Date and for the 90 (ninety) calendar days thereafter, no more than 30 (thirty) parking spaces located within the City Facility will need to be used by residents of Avila North. However, the number of parking spaces licensed to Avila North during this period may be adjusted upward based on an agreement in writing between the City and Avila North. In such an event, the parties shall be required to execute an amendment to this agreement memorializing said understanding. 6. Term. Unless otherwise terminated by written instrument signed by both parties, this Agreement shall remain in full force and effect from the Effective Date of this agreement until 90 (ninety) days afterwards (the "Termination Date"), i.e. from December 1, 2009, until March 1,2010. This term may only be extended based on mutual agreement in writing between the parties. 7. Assi!!:nment. This Agreement may not be assigned by Avila North, in whole or in part, without prior written consent of the City. 8. Improvements. No structures or improvements of any kind shall be placed upon the City Facility without prior written approval of the City. 9. Maintenance. The City shall keep and maintain the parking spaces licensed under this Agreement within the City Facility in good and clean condition, including the regular removal of all litter and trash. 10. Indemnification. This Agreement is one of licensing of property and is not a bailment. Avila North shall assume full responsibility for the vehicles licensed to be parked within the City Facility under this Agreement and the contents therein. Avila North, as a material part of the consideration to be rendered to the City under this 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 vehicles licensed to be parked within the City Facility under this Agreement and the contents therein. To the extent permitted by law, Avila North 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 City Facility by Avila North, its agents, servants, employees, contractors, invitees or licensees. 11. Assumption of Risk. All property belonging to Avila North or any user of the City Facility authorized under this Agreement shall be there at the risk of A vila North or such other person only. Except for the intentional or negligent act of the City or its agents 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. A vila North 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 Avila North's part to be performed under the terms of this Agreement or arising from any act or negligence of Avila North, or of its agents or employees, 2 - Avila North, upon notice from the City, shall defend the City at Avila North's expense, by counsel reasonably satisfactory to the City. 12. Compliance with Law. Avila North shall comply with all applicable state, county and City laws and ordinances in fulfilling its responsibilities under this Agreement. The City Facility shall be used by Avila North, its employees, contractors, agents, and invitees, pursuant to such rules and regulations, as the City shall from time to time promulgate. 13. Default. In the event of any default by either party under this Agreement, the non-defaulting party shall have the right to terminate this Agreement upon thirty (30) days notice. 14. Attornevs Fees. In the event of any dispute arising out of or related to this Agreement, 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. 15. Binding. The provisions of this Agreement shall be binding upon the parties thereto and their respective successors and/or assigns. 16. Entire Agreement. 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 document as of the date mentioned above. (remainder of page intentionally left blank) 3 WITNESSES: Signature AVILA NORTH CONDOMINIUM ASSOCIATION,INC. BY: Print Name Print Name and Official Title WITNESSES: Signature Print Name ATTEST: BY: Jane A. Hines, CMC, City Clerk CITY OF SUNNY ISLES BEACH BY: Rick Conner, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Hans Ottinot, City Attorney 4 ~ Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEl\tQR~NDUM TO: The Honorable Mayor and City Commission FROM: Helena Forbes, Community Development Department Manager DATE: 1/21/2010 RE: Parking License Agreement with A vila North Condominium Association RECOMMENDATION: This Resolution is submitted for your consideration. REASONS: The City desires to enter into an exclusive parking license agreement with A vila North Condominium Association, Inc. for the use of up to 30 parking spaces located within the Municipal Parking Lot, located at the NE corner of 175th Terrace (behind Walgreen's), for use by residents of A vila North for 90 days. ADDITIONAL INFORMATION: Avila North residents shall not be permitted to park their vehicles at the Municipal Parking Lot during the following cultural events sponsored by the City: Winterfest on December 5, 2009, Hannukah on December 20, 2009, Sunny Serenade on January 20, 2010, and February 17,2010, and Movie nights on January 9, 2010, February 6, 2010, and March 6, 2010. During the 90-day period of permissible use, the parking spaces may be utilized only by residents of Avila North. Avila North shall pay a flat rate of$I,SOO.OO per month for use of the City Facility, commencing on the effective date. A TT ACHMENTS: . Resolution Agenda Item ~ 0 A Date http://sibagenda.sibfl.net/agenda/Preview. aspx?I temlD= 14S&Meetinf 1-=2l=-1 0