HomeMy WebLinkAboutReso 2011-1676
RESOLUTION NO. 2011- It.:. -, to
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A PARKING
LICENSE AGREEMENT WITH NATIONAL DELI CORPORATION,
D/B/A THE EPICURE MARKET - SUNNY ISLES (EPICURE), TO
JOINTLY SHARE NON-EXCLUSIVE PARKING SPACES IN
EPICURE'S PARKING LOT LOCATED AT 17190 COLLINS
A VENUE, IN ORDER TO ACCOMMODA TE POTENTIAL
OVERFLOW FROM THE PATRONS OF TOWN CENTER PARK,
FOR A YEARLY FEE OF EIGHT THOUSAND SEVEN HUNDRED
NINETY-NINE DOLLARS AND NINETY-NINE CENTS ($8,799.99),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID AGREEMENT AND TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is in need of additional parking spaces in the Town Center Park area
to provide ample parking to its patrons using Town Center Park; and
WHEREAS, Epicure is the owner and operator of property currently developed as a
gourmet market and cafe located at 17190 Collins A venue within the City; and
WHEREAS, the City and Epicure desires to jointly share on a non-exclusive basis, parking
spaces in Epicure's parking lot; and
WHEREAS, the City desires to allow its residents and/or visitors to use said parking spaces
in order to accommodate potential overflow from the patrons of Town Center Park located at 172
Street and Collins Avenue; and
WHEREAS, the City Commission wishes to authorize the City Manager to enter into an
Agreement with Epicure for non-exclusive use of parking spaces within their Parking Lot located at
17190 Collins Avenue, for a yearly fee of Eight Thousand Seven Hundred Ninety-Nine Dollars and
Ninety-Nine Cents ($8,799.99).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Parking License Agreement. The City Commission hereby approves the
Parking License Agreement between the City and Epicure for non-exclusive use of parking spaces in
Epicure's parking lot located at 17190 Collins Avenue, attached hereto as Exhibit "A", at a yearly
fee of Eight Thousand Seven Hundred Ninety-Nine Dollars and Ninety-Nine Cents ($8,799.99).
R20 11- Epicure Parking Spaces Agmt
Page I 01'2
Section 2. Authorization of the City Manager. The City Manager is hereby authorized to
execute said Agreement and to do all things necessary to effectuate this Resolution.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 20th day of January 2011.
~l~~
1 rmao S. Edelcup, Mayor
ATTEST:
~A.L
Jane A. Hines, CMC, City Clerk
Moved by: (' a>~ ~W.hLl
Seconded by: ('1')~ M--L-"ou
Vote: 6-()
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
---1.L- (Yes)
~Y es)
-----1L. (Yes)
--'.L (Yes)
t/(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2011- Epicure Parking Spaces Agmt
Page 2 of2
CITY OF SUNNY ISLES BEACH
PARKING LICENSE AGREEMENT
This Parking License Agreement (this "Agreement") is made as of the ~ day of R:..&
2011, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation (the "City") and
NATIONAL DELI CORPORATION, D/B/A THE EPICURE MARKET - SUNNY ISLES
("Epicure") and/or assigns.
RECITALS
WHEREAS, Epicure is the owner and operator of property currently developed as a gourmet
market and cafe located at 17190 Collins Avenue within the City (the "Property"); and
WHEREAS, the City and Epicure (collectively referred to as "the Parties") desire to jointly
share on a non-exclusive basis parking spaces in Epicure's parking lot; and
WHEREAS, in connection with the proposed shared use of the parking spaces, the City desires
to allow its residents and/or visitors to use said parking spaces in order to accommodate potential
overflow from the patrons of Town Center Park located at 172 Street and Collins Avenue.
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.
entirety.
Recitals. The foregoing recitals are true and correct and are incorporated herein in their
2. Use of Epicure Parkin!! Lot. Epicure hereby licenses to City the right to use on a non-
exclusive basis parking spaces located within the Property to accommodate potential overflow parking
from patrons of Town Center Park. The parking spaces may be utilized only by patrons of Town
Center Park and customers of Epicure. No other use of Epicure's parking lot is permitted without
written permission from Epicure. It is understood and agreed that the parking spaces will be
specifically delineated as such for use only by patrons of Town Center Park or customers of Epicure.
3. License Fee. City shall pay a yearly fee of $8,799.99 (Eight Thousand Seven Hundred
Ninety-Nine Dollars, Ninety-Nine Cents) for shared use of the parking spaces located within the
Property, commencing on the date of execution of this Agreement (the "Effective Date") by the City.
Epicure shall not charge any fees or cost to those patrons of Town Center Park who park in the parking
spaces.
4. Term. This agreement shall remain in effect for one (1) year, unless otherwise
cancelled by the City upon ninety (90) days written notice to the other party. If this Agreement is
terminated by the City prior to expiration of the term, Epicure shall refund to the City any funds
remaining as to any unexpired time period. Refunds shall be calculated on the basis of $733.33 (Seven
Hundred and Thirty Three Dollars, Thirty Three Cents) monthly charge.
5. Costs and approval of parkin!! si!!ns. The parties agree to share equally the costs
associated with constructing and placing signs in Epicure's parking lot stating that the parking
o ~ 3"
u 8,
spaces shall be utilized by patrons of Town Center Park and customers of Epicure. Epicure
shall be required to obtain the prior written approval from the City prior to the signs being installed
at the Epicure parking lot.
6. Improvements. No structures or improvements of any kind shall be placed upon the
Epicure parking lot without prior written approval of Epicure.
7. Maintenance. Epicure 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.
8. Black-out Dates. The property shall not be available for use by park patrons on the
following holidays:
Thanksgiving;
Christmas Eve;
Christmas Day; and
New Years Eve.
9. Indemnification. This Agreement is one of licensing of property and is not a bailment.
The parties agree that the City shall not assume any responsibility for the vehicles licensed to be
parked within Epicure's parking lot under this Agreement and the contents therein. Epicure, 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 Epicure's parking lot under this Agreement
and the contents therein. To the extent permitted by law, Epicure 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 Epicure's parking lot by patrons of Town Center Park or customers of Epicure .
10. Assumption of Risk. All property belonging to Epicure or any user of the Epicure
parking lot authorized under this Agreement shall be there at the risk of Epicure or such other person
only. Except for the intentional or sole actions 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 resulting from the use of
Epicure's parking lot under this Agreement. Epicure 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 Epicure's part to be performed under the terms
of this Agreement or arising from any act or negligence of Epicure, or of its agents or employees,
Epicure, upon notice from the City, shall defend the City at Epicure's expense, by counsel reasonably
satisfactory to the City.
11. Compliance with Law. Epicure shall comply with all applicable state, county and City
laws and ordinances in fulfilling its responsibilities under this Agreement. Epicure agrees that its
parking lot shall be used by Epicure, its employees, contractors, agents, and invitees, pursuant to such
rules and regulations, as the City shall from time to time promulgate.
SIB
#
12. 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 written notice.
13. 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.
14. Bindin!!. The provisions of this Agreement shall be binding upon the parties thereto
and their respective successors and/or assigns.
15. Entire A!!reement. 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:
NATIONAL DELI CORPORATION, D/B/A
THE EPICURE MA KET - SUNNY ISLES
t!1:t7~
/l$/lt-"/I// IT~ ~/l/J{ If
Print Name
BY:
Name
WITNESSES:
Signature
Print Name
ATTEST: '
, ,
Byd f\ ~
CITY OF SUNNY~LL~
ting City Manager
Jane A. Hines, CMC, City Clerk
."
,
. 11
. ' . J
.' "
S\S
City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis Thaler, Vice Mayor
Isaac Aelion, Commissioner
Jeanette Gatto, Commissioner
George "Bud" Scholl, Commissioner
Jorge Vera. Acting City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Jorge Vera, Acting City Manager
DATE: January 20,2011
RE: Parking Agreement with Epicure
Recommendine:
This Resolution is presented for your consideration.
Reasons:
There is a clear need for additional parking for visitors of Town Center Park. The number of
parking spaces located at the park is clearly inadequate. To remedy the parking problem, the City
is entering into a parking agreement with Epicure. Based on the terms of the Agreement, patrons
of the Town Center Park will be able to park at Epicure for free. Park patrons will be able to park
anywhere in the parking lot. However, the City will pay a yearly sum of $8,799.99 to Epicure for
the use of the spaces.
As a point of information, Epicure will pay the City $8,799.99 for extending the useful life of its
development rights ("TDRs") for another year. The City Commission approved the TDRs
extension program last year.
Agenda HemAD D -() N: /0 t\
Date \ - ;(,0 - I l
~