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Home My WebLink AboutReso 2010-1607 RESOLUTION NO. 2010- J lot> 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO INTERLOCAL AGREEMENT WITH MIAMI- DADE COUNTY AND THE CITY OF SUNNY ISLES BEACH, RELATING TO PARKING REQUIREMENT FOR PIER PARK, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID FIRST AMENDMENT TO INTERLOCAL AGREEMENT AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 99-170 approved on November 2, 1999, the City Commission of Sunny Isles Beach entered into an Interlocal Agreement with Miami-Dade County to allow the transfer of ownership of Pier Park (formerly known as Gilbert Samson Park) to the City; and WHEREAS, pursuant to the Interlocal Agreement, the City is required to maintain twenty- nine (29) spaces at Pier Park; and WHEREAS, Miami-Dade County and the City of Sunny Isles Beach have agreed to amend the Interlocal Agreement and certain related provisions, so that the parking requirement be moved from Pier Park to the proposed new parking garage to be located on the west side of A 1 A a/kJa Collins Avenue, 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 First Amendment to Interlocal Agreement. The First Amendment to Interlocal Agreement with Miami-Dade County moving the parking requirement from Pier Park to the proposed new parking garage to be located on the west side AlA a/k/a Collins Avenue, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said First Amendment to Interlocal Agreement and to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th day of September 2010. R201O- Interlocal Agmt Mdc Pkg Requirements Pier Park Page I of2 ATTEST: ~~ Jane A. 'Hines, CMC, City Clerk I Vote: r:;-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl v (Yes) 0Yes) \/{Y es) --0-Y es) ~(Yes R201O- Interlocal Agmt Mdc Pkg Requirements Pier Park Moved by: Seconded by: _(No) _(No) _(No) _(No) _(No) Page 2 of2 rile. t"I\~" T\rt~ ~~ Sc..\4DLL . ..... FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF SUNNY ISLES BEACH TmS)(~J1.S~MENT TO INTERLOCAL AGREEMENT is made and entered into this6flJiIy 0 e-<....20IO, by and between MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County") and the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "City"). WHEREAS, the County and City entered into an Interlocal Agreement dated as of December 27, 1999 (the "Interlocal Agreement"), upon the transfer of ownership of Pier Park to the City, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, pursuant to Section 1 0 of the Interlocal Agreement, the Interlocal Agreement may be otherwise amended in writing as mutually agreed to by the City Manager and County Manager; and WHEREAS, the County and City now desire to amend the Interlocal Agreement and certain related provisions, so that the parking requirement be moved from Pier Park (formerly known as Gilbert Samson Memorial Park) to the proposed new parking garage to be located on the west side of AlA a/k/a Collins Avenue; and NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals: The matters contained in the foregoing recitals are incorporated into the body of this First Amendment by reference as if fully set forth herein. 2. Parkin!?: Spaces. Section 5 of the Interlocal Agreement is hereby amended to provide that, after the completion of construction and the opening of the parking garage located on Sunny Isles Boulevard and the west side of AlA a/k/a Collins Avenue (the "New Parking Garage") to the public, the City shall have the authority to move the twenty nine (29) parking spaces from Pier Park to the proposed New Parking Garage. Additionally, the parties agree that the parking spaces in the New Parking Garage shall be open to the general public and that there shall be signage advising the general public of the public beach parking. Finally, the parties agree that the parking may be metered parking or some other mutually agreeable form of fee based parking including, but not limited to, valet parking or parking attendants. The Pier Park shall be maintained by the City as a park/open space area upon the relocation of the twenty nine (29) parking spaces from Pier Park to the proposed New Parking Garage. 3. Ratification and Conflicts. Except as amended hereby, the Interlocal Agreement remains in full force and effect. All terms, covenants, and conditions of the Interlocal Agreement not expressly modified herein are hereby confirmed and ratified and remain in full force and effect, and, as further amended hereby, constitute valid and binding obligations of the City and County enforceable according to the terms thereof. In the event there is a conflict between the terms and provisions of this First Amendment and Is ::t:::v .~ :Do fT1 -r, ::t.:!.~z <:0 rr1 ::v t-J -<0'::- rr1 ..... ::VOO c:: ::v <: ........ .::. ...........--...1 Z-........f>o. .. c. t..J t-J (oj 1:").......1::. It-J..... fT1 I::' ::V"'" 0 ::tt:: I::' ::rJ 0"'" co ""'1='::-::- *:-:0;":; t-J__ 0--...1--...1_ c:....f-..- ::V';:-'--...1= -tt..jl:.J1_ ... - -rj- ~ ~= ~ 0= ...... -0_ , CQ- c:> --...1~ ~ ,- rr1 -o~ I:"") -.0- o .;:-.- c::: ...= ~ .-- -< 00= ... '0- 14- .." 1/1- r -~ o _ ::v ...... c:> J> - - - - - . \ Exhibit "A" 8' ~v-c4 v - 'the Interlocal Agreement, the terms and provisions of this First Amendment shall control. 4. Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one and the same. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. MIAMI-DADE COUNTY, a polif cal subdiv' ion of the State of Florida ----- ATTEST: ...~ty;~..yin, Clerk :'~ Q A () ~". : <: (. 0" :::> :0 . ~~ lo/t~/(o AS TO FORM L FFICIENCY ATTEST: ~~~ Jane A. Hines, CMC City Clerk I st Amendment to Interlocal Agreement ~ .. .' , . _ ,'.-.11!Cl/~.9 al.1t~ n :U'/~Il;) "IS UU.U. €:~..~\~\~ f\ emctAL FIlE &UPY CLERt< Of THE EmARD Of CO\..\~ny COMMiS9!ONER$; ~,.~n'=. CG\iNT:', fLOR10'~ .' . '- " . . .~ "nn 1m .,,...,... w&.. ..--- -. !1!IJiRLOCAL AGJl'DME~ 1bis is an 'lDi~ocB1 i .grMl"ent bctw=n Mimni-Dade County, a political subdivision of the Stab; ofPlodl1a (the "County"). and tbe City of SUDD.)' Isles Bcacl1. a ~ cotpGlldion ,lflhe Sta < afFlorida (the"City"). ClIll:<Cd - tIJis 2~ af ~.JJ~ 19!19 (the or his U~'). ... WJI'NESSE'III WHBItEAS, l1 c:hart.=' i't the City was approved by the citi~, of the City DI1 ' lane 16, 1997; and t1ul City Com misskm was swom into oftice DO August 7. 1997; and 'WBERBAS1 III 1 Jntarlnc& \ Agteement between the County and 1he City goveming the provision of DlUJJ 1cripal Sin ices to the City was ad.:JPtecl by the Boani af County C.ftftIft'IiuiCJllCDO and C'~ Commi;aionan November 4. 19n; and. WHEREAS, . he Count:. colltempol'8J1COuslf with m1s Agreemt.Dl amhnr1ze&. , through Cotm1Y Deed attac;b.ed b "eto and. inccnp0rate6 herein as Bxln"bit ""A". tb.e tnosfcr ... of GUbed S""'"'on M :moriRl Pm k to the City; and wmmEAS. the Com:n V Deed requU:e& 1hat 1be City comply with cexf:Bin reatrictiona with ftSJ eat to 1M I ,,~~lmce anc1 opcraticn of Gilbert. Samson Memorial Park; and WHBItEAS. the ~ wish=s to iraDSfer cmmn additicma1 ~ and. BClVice respoDSibi1i1 ies related to Gi1bm Samson Mcmari81 ruk sad the lUljoining ~ uea to tl: e City; and .. ntmm-1:3OPM u.iD:dI ' - -- .-....---- C::VllV..t mn '.nIT ~QOI CCI cnr VV~ ~T:TT T~~ nn/OT/~n ~1/U1/HB .U~ ~D~nA ~u~ U., WWA~ nTn r:m NOW, THERE~OBEJ 1 'OR. AND 'IN cONSIDBRATION OF TIm MUTUAL coVBNANTS HElUUN CON1 AINED THE coUNTY AND 'l'BE erN DO HEREBY AGREE TO THE FOl LO'Wl:N.j: .' 1. Recitah. T\ le recitals aet forth abcl''C ate ~ herein by ~. '- Tpnm r af GiIbt llSamsoft Mmtorisl Park. 1he County hereby agrees -- that cf[cctivc J)c(;emllCf 1, 19i)9, it shall transfer, tonvey, and asAgo to 1he City by County-Deed, the eo, uty's rial t" title and interest in that: cerlBiJl Park known as f1Qilbmt Samson Memarlal p~~u (the. 'Park:) located at the ell&terl.yexteDSion of SUJJD.Y IlIle! Ocean Besch Boulf:VI N (N.E. 167 ~) as delineated '&pOlL thai. certain plat xecoorded in Plat Belak 50 at page 76 oftb.l! Public R,CQOIds of Dade County, F1ori~ castwml ofths pavamem of Stata a, lad A~l-A to 1hG m=n high water line of the Atlantic 0cwL The City, at its sole disc:.tl UQJl mZY I !MID81he Park 3. ~ g. Statim \ and S~9. 1he City agrees to pmvide u1 its sole ctpeD5G for the duraian oftbis Agreement liDguazd.serncea for beach and psrkpaucms VIithiJ1 the Cit.y Limi ts iD. the sal = inmmet and at the ~ level as prcscmtly provided by 1he County ti'oIIl ill' CcnmtY 0WJ,Jed 1lfagumd Station idenft~M a ~ 163111 Sm:el Ufeguuc1 ttation' (tb) rlStaticm"} lo~ due east of ~ Samsol1 Msmarlal Parle. 'The City shall eusan: thd iU 1ifego.::d:scrviccs are in wompliance wit11 all County, Stat&:, and. .. Fedetal regu1atla1m. L) The County agn es:to transfer the xnaimmWlce aud opcdlicm of Station to tfu: City for nO ad iitiQD.lll GOD lidemtioD, ami ptoVided. however, the Ci1y ~cs the cigbtuuelacate ,a,d station to ,1J1:al.temdivc l~n OIl the.beach wi1bin1hc City1!JnitL . 11tmm- 2:30PM tyD:d1 z .. - -...---- -- co \n1V .J nv T o:nII ~nol p~1 pnr VV~ ~T.TT TU3 nn/OT/.,n The City agrees to mainl ain the Station in the same or better condition as it presently exists, and agrees to mahtain the Station in a condition that complies with all County, State, and Federal regulations. 4. Agreemen: with Holidav Inn at Pier Resort, The City agrees to abide by the terms and COI1ditions ofthe County's April 15, 1993 agreement with the Holiday Inn Newport Pier Resort, incl)rporated by reference and attached hereto as Exhibit <'B.n 5. Parking'S')aces, The City agrees to maintain and provide for the duration of this Agreem ent no fewer than twenty-nine (29) parking spaces at Gilbert Samson Memorial Park. 6, Turtle Pre gram. The Comity agrees to continue operation of the Turtle Program in com) tliance with all State Department of Environmental Protection permits. 7. Beach M Untenance. The County agrees to continue maintenance of the beach area seaward oftte erosiol). control line due east .ofthe Park in compliance with all applicable loCal, state, a: ld federal requirements. 8. Indemnif ication. The City shall . indemnify and save harmless the County from any and a 1 claims, liability, losses, and causes of action which may arise out of the actions of thf; City, its employees, agents, officers, and assigns, arising of this Agreement to the extell1 allowable by law. The City, directly or through its insurance carrier, shall pay all cbims.and losses of any nature whatsoever in connection therewith . and shall. defend all sui ts, in the name of the County when applicable, and shall pay all . . costs and judgments wi ich may issu~ thereon, 1l~2J99-12:12l'M I.MD:ch 3 "Tn I'D1 -1. ~V)JV..J mU3 tlUlL (:(:L (:nr. YV." (:T: TT TR" nn/IlT /7.n ,. The County shall also indemnify and save harmless the City from any and all , '--. claims, liability, losses a:1d causes of action which may arise out of actions of the County in fulfillment oftrus Agreement to the extent allowable by law. The County shall pay all claims a'nd losses of an~ nature whatsoever in connection therewith and shall defend all suits, in the name of th ~ City when .applicable, and shall pay all costs and judgments which may issue thereon. 9,' Notices, All notices hereunder must be in writing and shall be deemed validly given if sent by ceJtified mail, return receipt requested, hand delivered or overnight delivery addressed as follows (or any other address that the party to be notified may have desigr ated to the sender by like notice); If to the County . County Manager Miami-Dade County Stephen P. Clark Center 111 N.W. First Street, Suite 2910 Miami, Florida 33128 With a copy to: Robert A Ginsburg County Attorney Miami-Dade COunty Stephen P: Clark Center 111 N.W. First Str~ Suite 2810 Miami. Florida 33128 If to the City: Jack Neustadt City Manager City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach. Florida 33160 With a copy to: Lynn M. Dannheisser City Attorney City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach. Florida 33160 ',,- ~ I1m.m- 12:12 PM LMD:ch 4 ,9' C",nrv J nUTr.::r1II' ~QOI eel cor YV.~ CT:TT T~~ OO/~T/7.0 Unless otherwise requirt:l by law, any notice sent hereunder shall (subject to proof of receipt or refusal of SaDl e) be deemed to have befm delivered on the same day if hand-delivered, on the next busi Dess day if sent by overc.ight courier or on the day of receipt of refusal, if sent by the c :rtiBed or registered mail. '. 10. Amendments. This Agreement may be modified only by an agreement in writing, signed 8J d sealed by the Managt:r of the City and the County Manager of Miami-Dade Count), 11. Severability. Sh, ,uld any provision, paragraph, sentence, word, or phrase contained in this Agreement be detennined by a court nf competent jurisdiction to be invalid, illegal or otherwise une: llforceable under the laws of the State of Florida, such provision, paragraph, sentJmCC. 1Iord or phrase shall be deemed modified to the extent necessary in order to conform '" ith such laws, then same shall be deemed severable, and in this Agreement, shall remain ~ ll1D1odified and in full force and effect. ... .. 11101199- 2:30 PM u.tD:cb 5 BOOK 27475 PAGE 0994 LAST PAGE ... IN WITNESS WHERE JF, the parties hereto hElve set their hands and affixed their respective seals the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY MIAMI-DADE COUNTY a political suhdivision of the State of Florida ~~ County Manager ... APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY OF SUNNY ISLES BEACH, a politi ubdivision of the State of Florida to, VP%t kiJ- City gt~ ~~- ATTEST: Richard Brown-Morilla, City Clerk ... c- ~~~ Mow'lk ~:' - ..._-~..- ". ., "'"':" -. .. , . .:-: 11101199- 2:30 PM LMD;c:h 6 ~tt 19054;; 1949 Instrument Prepared By and Return To: W. Howard Gregg, Chief Planning and Research Division Miami-Dade County Park and Recreation Department 275 NW 2nd Street, Suite 426 Miami, Florida 33128 OOR 158528 2000 APR 04 13:53 DUPLICATE COUNTY DEED THIS DEED, made this d.8" dayof M ~c:...H- 2000 A,D. by MIAMI-DADE COUNTY, FLORlDA, a Political Subdivision of the State of Florida, party of the first part, whose address is: Stephen p, Clark Center, 111 N,W, 1st Street, Suite 17-202, Miami, Florida, 33128, and City of Sunny Isles Beach a municipal corporation, party of the second part, whose address is City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160: WITNESSETH: That the said party of the first part, for and in consideration of the promise of the City of Sunny Isles Beach to maintain and keep open the subject Gilbert Samson Park, has granted, bargained, and sold to the said party of the second part, subject to a reverter, the following described land lying and being in Miami-Dade County, Florida: The easterly extension of Sunny Isles Ocean Beach Boulevard (N,E, 167 Street) as delineated upon that certain plat recorded in Plat Book 50 at page 76 ofthe Public Records of Dade County, Florida, eastward of the pavement of State Road A-t-A to the mean high water line of the Atlantic Ocean. ;;J ~~t 19054;; /950 The City of Sunny Isles Beach shall: a) maintain the property in perpetuity as a public park, b) agree to govern itself, in regards to the subject property, in accordance with Article 6 of the County Charter, c) keep the park open to all Miami-Dade County residents, d) allow Unincorporated area residents equal access and use of the park and not discriminate in program registration, pricing, and other policies, e) operate the park in a manner equal to or superior to the manner in which parks are operated by the Miami-Dade County Park and Recreation Department. Failure of the City of Sunny Isles Beach to comply with all of the terms of this paragraph, after thirty days (30) written notice to correct violation, shall cause the title to automatically revert to Miami-Dade County, This grant conveys only the interest of the County and its Board of County Comhlissioners in the property herein described and shall not be deemed to warrant the title or to represent any state of facts concerning the same, This is a duplicate deed of that attached hereto as Exhibit A, dated December 27, 1999 and tendered on February 7. 2000, TN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Mayor of said Board, the day and year aforesaid, ~~~ 19054~ 1951 OFFICIAL SEAL ATTEST: HARVEY RUVIN, CLERK By: MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Q A - "'~ ~~.(;:j,\F) Mayor r ~~~ 19054;; 1952 Exhibit A Instrument Prepared By and Return To: W, Howard Gregg, Chief Planning and Research Division Miami-Dade County Park and Recreation Department 275 NW 2nd Street, Suite 426 Miami, Florida 33128 COUNTY DEED THIS DEED, made this ~:::;.. day of b-ec.~~~ 1999 AD, by MIAMI-DADE coymY, FLORIDA, a Political Subdivision of the State of Florida, party of the first part. whose address is: Stephen P. Clark Center, 111 N,W, 1st Street, Suite 17-202. Miami, Florida, 33128, and City of Sunny Isles Beach a municipal corporation, party of the second part. whose address is City of Sunny Isles Beach, 17070 Collins Avenue. Suite 250. Sunny Isles Beach, Florida, 33160: WITNESSETH: That the said party of the first part, for and in consideration of the promise of the City of Sunny Isles Beach to ~tain and keep open the subject Gilbert Samson Park, has granted. bargained, and sold to the said party of the second part, subject to a reverter, the following described land lying and being"in Miami-Dade County. Florida: The easterly extension of Sunny Isles Ocean Beach Boulevard (N,E, 167 Street) as delineated upon that certain plat recorded in Plat Book 50 at page 76 of the Public Records of Dade County, Florida, eastward of the pavement of State Road A-I-A to-the mean high water line of the Atlantic Ocean, ~~t , 9054 PG 1953 The City of Sunny Isles Beach shall: a) maintain the property in perpetuity as a public park, b) agree to govern itself, in regards to the subject property, in accordance with Article 6 of the Cou~ty Charter, c) keep the park open to all Miami-Dade County residents, d) allow Unincorportated area residents equal access and use of the park and not discriminate in program registration, pricing, and other policies, e) operate the park in a manner equal to or superior to the manner in which parks are operated by the Miami-Dade County Park and Recreation Department, Failure of the City of Sunny Isles Beach to comply with all of the terms of this paragraph, after thirty days (30) wntten notice to correct violation, shall cause the title to automatically revert to Miami-Dade County, This grant conveys only the interest of the County and its Board of County Commissioners in the property herein described and shall not be deemed to warrant the title or to represent any state of facts concerning the same, IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissionres acting by the Mayor of said Board, the day and year aforesaid, /7..- ~~~ 19054 PG 1954 OFFICIAL SEAL ATTEST: HARVEY RUVIN, CLERK MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By:~- ~'Z~U> Mayor . 1-:::1 '. ~~~~. " }- ~. \ ~ . , ~ ~ ~I:::~ ~ ~;...!'~ ~ '5-.;: ~ :r__= 5-< :. ~ ~~~".:e ""1 ~ :~~~f)..~.. ~ 7"'1 a :,.,:-t ;Z:i: ~~l:! -... ;: ~; ~ ~!; ;~i::! ;...~ n ~ o -= 0- ! ~i~ :II:r ... c: ~ "'1 \ :: ~ -.- v [ ~ ;:-; ~--==.- i i . ! I I I , .l ~. ,. ST;lT~RO,(D ;1';1 COI.l.JIVS ;lV~NlJa 100' R.0.1v. ~----.~ ~~ I~ l'y'h~hi" R ~I "-J STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, HARVEY RUVIN. Clerk of the Circuit Court in and for Dade County. Florida. and Ex~fficio Clerk of the Board of County Commissioners of said County. DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resa I ut ion N:>. R-1381-99 , adopted by the said board of County Commissioners at its meeting held on December 16 ---I.999 IN W 1ll'ESS Yf-ERB:F, have hereunto set my hand and official seal on this 24th day of February .' A.D. 2000 / ..'1:15..., sir M." .e' (.0 M '/Sn.~ l..l" -~~'J/\ . J /f-::' t' ~~. ~\ 0 . : ..:: If ~-- , -z. ~ : ~jl CO~INTY \ n1: ...J 1\ -~ ::JJ' \<?.... ((OR\~ v,; . ~ . . . . .... .... '* ,.... .......... HARVEY RUVIN, Clerk Board of County Issioners Dade County. Flor' a By SEAL Board of COUnty COmmissioners Dade COUnty. Florida CLK/CT 587 3/93 Approved Veto Mayor ..........,....3. r.,~l;, lIUI"'" CLERK OF THE 80ARD OF C,OUNTY COM~/rISSIONER DADE: COUNTY, FLORIDA Agendat Item No. 6 (L) ( 1 ) (A) 1.2-16-99 . ' I 3 <6,/ ff7 Override RESOLUTION 1\0. R-lE-99 RESOLUr: ON AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH; AND AUTHORIZING EXECUTION OF COUNTY ])EED FOR GILBERT SAMSON PARK WHEREAS, this B{lard desires to ac.complish the purposes outlined in the accompanying memorandum. a copy ofwl ich is incorporated herein by reference, NOW THEREFOR::, BE IT RESOLVED BY THE BOARD OF-COUNTY COMMISSIONERS OF ~.1AMI DADE COUNTY, FLORIDA, that this Board authorizes the County Manager to execu1 e an Interlocal Agreement with the City of Sunny isles Beach for the conveyance of Gilbert San :50n Park and for other services~ the Park being legally described in the attached deed and authori'Zes the Mayor to execute a Courtty Deed in substantially the form , . attached hereto and made j l, part thereof, which contain the conditions and reverters described in the aforesaid memorandum. The foregoing res,)lution was. offered by Commissioner ~ S .....a.Cl!., who moved its adoption. The motion was seconded by Commissioner D;mis C. MBJ and upon being put to a v)te, the vote was as follows: RODRIGUEZ, V., PRI:l:TO, BRADY ~ "..-a. KNJO,-~ ' Dr. Miriam Alonso Dr, Barbara M. Care: I-Shuler Betty T. Ferguson Natacha Seijas MilhiJ \ Dennis C. Moss DorrinD, Rolle 8:s:nt al:D:Dt aye aye ajie aye ,. ~'.~ Agenda Item No, 6 (L) (I) (A) Page No, 2 bluno A. Barreiro Miguel Dfaz de la Portilla Gwen Margolis Jimmy L. Morales Pedro Reboredo Katy Sorenson abgeot a1Eent aje aye ~ ahErJt ~ Javier D. Souto The Chairperso.n thel eupon declared the resolution duly passed and adopted this 16th day of December, 1999. This resolltion shall become effective ten (10) days after the date. of its adoption unless vetoed by the Mayor, and ifvetoed, shall become effective only upon an ovenide by this . Board, . Approved by County Alto mey as Jb'; to form and legal sufficien:y, ~ MIAMl-DADECOUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK KAY SULLlV AN By: Deputy Clerk I .~ rf PERMIT AGREEMENT THIS PERMIT AGREEMENT ("_ Agreement") made and entered into this 2,.4 day of tJov {J~ , 1999, by and between the City of Sunny Isles' Beach (the "City") and the Newport Operating Management Corp. d/b/a Newport Beachside Resort, its successors and/or assigns (the "Permittee"). '\VHEREAS, the City through an Interlocal Agreement adopted by Resolution NoJ3~ ,...~ of the County Commission as accepted by the City of Sunny Isles Beach by Resolution No, 99-.llQ., deeding the Gilbert Samson Memorial Park ("Park") to the City as attached to this Agreement as Exhibit "A" (hereinafter referred to as the "Interlocal Agreement"; and WHEREAS, the City and the Permittee have agreed to continue the terms of the Agreement, subject to the terms and conditions set forth below, including but not limited to the City's grants to Pennittee of a non-exclusive easement in favor of the Permittee over and across the Park, solely for pedestrian and vehicular access and any easements to bury a 208 feet feeder cable; and WHEREAS, in consideration of this permit, the Permittee agrees to manage and maintain the park for and on behalf of the City in perpetuity, as well as provide lifeguard services, until the end of the fiscal year 2000; and WHEREAS, this pennit is determined to be in the best interest of the City and the Permittee to provide controlled parking, access to ocean and maintenance of the park; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROVISIONS CONTAINED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Incorporation of Recitals. The Recitals set forth hereinabove shall be incorporated by reference into this Agreement. 2. Purpose. The City hereby grants unto the Permittee, and the Permittee hereby accepts from the City, a permit to maintain, operate and manage the Gilbert Samson Memorial Park for the recreation and entertainment of Park patrons which provides access to the beach and ocean located between State Road AlA and the ocean at the intersection of Northeast 167tlt Street and to collect a reasonable parking fee. 3. Term. The City hereby grants to the Permittee a term of 99 years beginning upon the execution of this Agreement. Newport-Holiday Inn Permit Agreement 10/28/99 - 12:45 PM LMD:ch 1 4. Exclusivity. The rights granted under the permit are exclusive only to the site and as to types of services offered. Nothing contained in this Permit Agreement shall preclude the City from offering other services or for charging fees to park patrons. 5. Permittee Obligations. As a material inducement for the City to enter into this' Permit Agreement with Permittee, the Permittee hereby agrees as follows: 1. The Permittee shall (a) either provide and pay for a lifeguard to be located on the beach or demised premises, in which case the lifeguard shall be the sole responsibility of the Permittee; or (b) pay for a lifeguard provided by Miami-Dade County. Specifically, if the Permittee provides the lifeguard, in accordance with this Paragraph 5 (a), the Permittee agrees to indemnify and save harmless the City from any and all claims, liability, losses and causes of action, which may arise out of the actions of the lifeguard, the Permittee, its employees, agents, officers and assigns, arising outside of the terms of this agreement, including any claim for which the City has indemnified the County in accordance with the lnterlocal Agreement attached hereto as Exhibit "A". The Permittee, directly or through its. insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all lawsuits in the name of the City when applicable and shall pay all costs and judgment and attorneys' fees which may issue therefrom. In either case, the lifeguard shall be on duty during the hours as customary in the Miami-Dade County beaches. The Permittee shall pay for said lifeguard for a two-year term commencing on the date the Park Interlocal Agreement is executed by the City and Miami-Dade County, and terminating two (2) years from that date. ii. Additionally, the City will have the right to relocate the lifeguard to the other beachfront park owned by the City. 111. Permittee agrees to abide by any obligations of the City as incurred in any Interlocal Agreement with the County for the Gilbert Samson Park and shall indemnify the City for same in accordance with Paragraph 13 hereinbelow. 6. Access. Permittee shall, at all times, maintain the easement as a public park with free access to the beach for the term of the permit and the City shall have the option to provide additional services and facilities, as it deems appropriate, subject to the right of the Permittee to its access easement. 7. Facilities. a. The Permittee shall maintain the following: Parking Lot Maintenance: Newport-Holiday Inn Pennit Agreement 10/28/99 - 12:45 PM LMD:ch 2 (i) Trim trees and shrubs (ii) Daily waste, litter pickup and removal (Hi) Provide attendant to collect parking fees (iv) Open and close parking lot at mutually agreeable hours (v) Removal of excessive sand buildup Park Maintenance: (i) Trim trees and shrubs (ii) Daily waste and litter pickup, dump receptacles and remove debris (iii) Provide water connection for foot shower at pedestrian gate (iv) Striping and resurfacing of parking lot as needed B. The City shall maintain the following: (i) Clean the sand area of the park by beach maintenance crews during normal operations (ii) Replacement of trees and shrubs as necessary (iii) Maintain the fence and gates (chain link and pipe gate to beach) (iv) Provide park signage C. It shall be the responsibility of Permittee to coordinate activities with the City during construction and normal operations. 8. City Approval. The Permittee agrees that it will obtain prior written approval from the City, which approval shall not be unreasonably witheld, in all of the following matters: A. Use of any type vending machines inside the park boundary. B. Changes from originally approved specifications, business activities, signage and graphics C. Any use of the City's department's, park's or facility's name D. Any replanting or removal of vegetation. E. Hours of operation F. Any business activity except as approved above. . 9, Public Contact of Permittee's Employees. Permittee's employees in contact with the public shall perform their duties in an efficient and courteous manner, subject to the indemnification clause set forth in Paragraph 5 hereinabove. 10. Minimum Hours of Operation. The park will be required to be open seven (7) days a week during those hours of operation approved by the City. Prior to beginning .operations, the Permittee shall submit a schedule of intended hours of operation to the City for approval. Newport-Holiday Inn Permit Agreement 10/28/99 - 12:45 PM LMD:ch 3 11. Damages by Permittee, The Permittee shall repair all damage to the permitted premises caused by the Permittee, its guests, employees, agents, patrons, or independent contractors, 12. Assignment. Subletting and Successors of Interest. Permittee shall not assign,' sublet, mortgage, pledge or otherwise encwnber any portion of this Agreement nor any portion thereof, nor any property associated with this Agreement without the approval of the City which shall not be unreasonably witheld. Unapproved assignment, subletting, mortgaging, pledging or encwnbering shall be grounds for immediate termination of this Permit. It is agreed that all terms and conditions of this Permit shall extend to and be binding on assignees, subpermittees and other successors as may be approved. The County reserves the right to directly terminate any subcontractor for any cause for which Permittee may be terminated. 13. Indemnification and Insurance. The Permittee shall maintain, during the term of this Agreement, the insurance specified below and a Certificate of Insurance shall be filed' with the Parks and Recreation Department, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, prior to the commencement of this agreement: a. Workers' Compensation Insurance as required by Chapter 440, Florida Statutes. b. Public Liability Insurance on a Comprehensive basis in an amount not less than $300,000 combined single limit for bodily injury and property damage. Policy shall be endorsed to include Metropolitan Dade County as an additional insured. Policy will be endorsed to include Products Liability coverage when applicable. c. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit for bodily injury and property damage. d. Hazard Insurance to include at least fire, extended coverage and vandalism and malicious mischief for the full, insurable, value of any structure located upon the premises, qaming the City as an additional payee. e. Builder's Risk Insurance for any construction during the term of this Agreement shall provide any other insurance or security that may required. f. No modification, change or cancellation of insurance shall be made without thirty- (30) days written advance notice to the City of Sunny Isles Beach, c/o City Attorney. The Public Liability Insurance coverage as required in paragraph (b) above shall include those classifications as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Permittee in the performance of this Agreement. All insurance policies required above shall be issued in companies authorized to do business Newport-Holiday Inn Pennit Agreement 10/28/99 - 12:45 PM LMD:ch 4 under the laws of the State of Florida. They shall have a general policy holders' rating of "B" or better and a financial rating no less than "Class V" as reported by Best's Key Rating Guide, published by A.M. Best Company, latest edition. Compliance with the foregoing requirements shall not relieve the Permittee of its . liability and obligations under this section or any other portion of this Agreement. The City reserves the right to reasonably amend the insurance requirements by the issuance of notice in writing to the Permittee. The Permittee hereby agrees to indemnify and save the City hannless from any and all claims, liability, losses and causes of action which may arise as a result of this Permit, unless such claim, liability, loss or cause of action is the result of the City's negligence. 14. Non-Discrimination. a. Permittee does hereby for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, covenants and agrees that: (i) No person on the grounds of race, color, religion, national origin, sex, age or disabilities shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, except for bonaflde causes allowed by law. (ii) That in the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the grounds of race, color, religion, national origin, sex, age or disabilities shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, except for bonaflde causes allowed by law. (iii) That the Permittee shall use the premises in compliance with all other requirements imposed by'or pursuant to Title 45, Code of Federal RegulatioIk~, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. b. That in the event of breach of any of the above non-discrimination covenants, the City shall have the right to terminate the Permit and reenter and repossess said facilities thereon and hold the same as if said Permit had never been made or issued. This provision shall not be effective, where applicable, until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or Newport-Holiday Inn Permit Agreement 10/28/99 - 12:45 PM LMD:ch 5 expiration of appeal rights. The City does have the privilege of prohibiting Permittee from removing any fixtures of business personal property from the facilities without express written prior City approval. c. Permittee shall not discriminate against an employee or applicant for' employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges to employment because of age, sex, or disability (except when based on a bonafide occupational qualification); or because of marital status, color, religion, national origin or ancestry. 15. No Lease. It is expressly understood and agreed that no real or personal property is leased to the Permittee, that this is a Permit and not a Lease, that the Permittee's right to occupy the premises and operate the Permit hereby granted shall continue only so long as the Permittee shall comply strictly and promptly with each and all of the undertakings, provisions, covenants, agreements, stipulations and conditions herein contained. The Permittee agrees not to represent itself as an agent or associate of the City or any unit thereof. 16. Termination. This Permit may not be terminated for two (2) years from the execution of the Interlocal Agreement. Thereafter, this agreement may be terminated by either party upon sixty- (60) day's notice in writing provided that the City's termination shall be for cause which shall be defined as a failure to comply with the terms of this agreement. In the event of termination or cancellation of this Agreement as herein provided, the Permittee shall forthwith remove all its property, failing in which, the City shall have the right to store or provide for storage of the Permittee's property at. the Permittee's expense or to dispose of such property in accordance with the law. Notwithstanding the foregoing and anything in this agreement to the contrary, it is the intention of the parties that Permittee shall have unimpeded access to the pier and adjacent hotel property at all times. 17. Inspection by the City. The City shall have the authority to make periodic inspections of the premises to determine if such are being operated and maintained in a neat and orderly condition. The Permittee shall be required to make any improvements in cleaning and maintenance methods requirccd by the City. Such periodic inspections will be made at the City's discretion to determine compliance with the terms and provisions of this Permit. 18. Facility Repairs. Alterations and Additions by the City. The City shall have the absolute right to make any reasonable repairs, alterations and additions to any facilities in the park, free from any and all liability to the Permittee for loss of business or damages of any nature whatsoever during the making of such repairs, alterations and additions, except for such damage caused by the sole negligence of the City and where not otherwise indemnified by the Permittee. Newport-Holiday Inn Pcrmit Agrcement 10/28/99 - I2:4S PM LMD:ch 6 ,. 19. Security. The City makes no warranties as to any obligation to provide security for the facilities, outside of standard security measures supplied for the Park in general. Permittee may provide its own specialized security for the facilities, subject to the City's written approval. Absence of said Permittee security shall not increase the City's obligation. 20, Waiver. Waiver of any breach shall not constitute waiver of any other breach. 21. Invalidation. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. Notwithstanding anything herein to the contrary, Permittee is not waiving any rights it may have for ingress and egress to Permittee's premises. IN WITNESS WHEREOF, the parties hereto have caused this Permit to be executed by their appropriate officials as of the ~ day of \J~ -v 1"JA;v , 19?9. , Attest:~~~ By: . i1 1 . 'Attest: ~"- ~V1~ I Attest: By: Newport-Holiday Inn Permit Agreement 10/28/99 - 12:4S PM LMD:ch 7 - 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 MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Susan Simpson, Cultural and Human Services Director DATE: 9/16/20 I 0 RE: First Amendment to InterIocal Agreement with Miami-Dade County Related to Pier Park RECOMMENDA TION: It is recommended that the City Commission consider the attached First Amendment to InterIocal Agreement with Miami-Dade County related to the parking requirements at Pier Park, REASONS: On November 2, 1999 Miami-Dade County transferred ownership of Pier Park (formerly known as Gilbert Samson Park) located at 16501 Collins Avenue to the City of Sunny Isles Beach, Per this agreement, the City is required to maintain no less than 29 public parking spaces at this location, With the City's purchase of park property at the corner of Sunny Isles Boulevard and Collins A venue, the City has the opportunity to relocate these spaces to a city-owned public parking garage at this new location. This will provide for Pier Park to be used for open park space rather than parking spaces thus offering a better park experience at this beachside City park. ADDITIONAL INFORMATION: This first addendum will require Miami-Dade County Commission approval which has already been granted, The 29 parking spaces must remain open to the public at the current location until the parking garage is complete and open to the public, The amendment will not affect the City's ability to charge for parking as currently exists, FUNDING SOURCE: There is no funding required for this resolution. ATT ACHMENTS: . Resolution http://sibagenda,sibfl,net/agenda/Preview ,aspx?I temlD=3 3 4&MeetingID=0&MeetingDate=", 9/9/201 0