HomeMy WebLinkAboutReso 2012-1848
RESOLUTION NO. 2012- m~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING RATIFYING THE
APPRO V AL OF THE FIRST AMENDMENT TO PARKING
LICENSE AGREEMENT WITH NATIONAL DELI CORPORATION,
D/B/A THE EPICURE MARKET - SUNNY ISLES (EPICURE), TO
JOINTLY SHARE NON-EXCLUSIVE PARKING SP ACES IN
EPICURE'S PARKING LOT LOCATED AT 17190 COLLINS
AVENUE, IN ORDER TO ACCOMMODATE POTENTIAL
OVERFLOW FROM THE PATRONS OF TOWN CENTER PARK,
TO EXTEND THE AGREEMENT FOR AN ADDITIONAL YEAR
WITH CONSECUTIVE ONE (1) YEAR RENEW AL TERMS,
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City was 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, on January 20, 2011 via Resolution No. 2011-1676 the City Commission
authorized 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, in order to accommodate
potential overflow from the patrons of Town Center Park located at 172 Street and Collins A venue,
for a yearly fee of Eight Thousand Seven Hundred Ninety-Nine Dollars and Ninety-Nine Cents
($8,799.99); and
WHEREAS, the City desires to continue to allow its residents and/or visitors to use said
parking spaces, and wishes to authorize the City Manager to extend that Agreement for an additional
year with consecutive one (l) year renewal terms 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. Ratify the First Amendment to Parking License Agreement. The City Commission
hereby ratifies the First Amendment to 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", extending the Agreement for an additional year with
consecutive one (l) year renewal terms at a yearly fee of Eight Thousand Seven Hundred Ninety-
Nine Dollars and Ninety-Nine Cents ($8,799.99).
Section 2. Authorization of the City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
R20 12- Epicure Parking Spaces 1 st Amendment To Agmt
Page I of2
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 16th day of February 2012.
ATTEST:
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Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM
AN E SUFFICIENCY:
Moved by: (~~ ~UD t\)
Seconded by: ~~ S~DL.L
Vote: S-~
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
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V(Y es)
0Yes)
~{Xes)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2012- Epicure Parking Spaces 1st Amendment To Agmt
Page 2 of2
FIRST AMENDMENT TO PARKING LICENSE AGREEMENT
~
This First Amendment to Parking License Agreement is made as of the ~ day of
r~N\.\~ ,2012, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation (the
"City' nd NATIONAL DELI CORPORATION, D/B/A THE EPICURE MARKET - SUNNY
ISLES ("Epicure") and/or assigns.
RECIT ALS
WHEREAS, the City and Epicure entered into a Parking License Agreement on February 2,
2011, (the "Agreement") to jointly share on a non-exclusive basis parking spaces in Epicure's parking
lot in order to accommodate potential overflow from the patrons of Town Center Park located at 172nd
Street and Collins A venue; and
WHEREAS, the City and Epicure (collectively referred to as "the Parties") desire to amend the
Agreement to extend the term for one (1) year with automatic one year renewal terms if the license fee
remains unchanged.
NOW, THEREFORE, in consideration of the execution and delivery of this First Amendment
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Term. The term of the Agreement shall be extended for an additional one (1) year with
an effective commencement date of February 2, 2012, through February 2, 2013.
2. Renewal Term. Unless canceled by the City in writing at least thirty (30) days prior to
the expiration of the initial one (1) year extension, the Agreement shall be extended for consecutive
one (1) year renewal terms. Each one year renewal term shall automatically be extended for additional
one (1) year terms unless (a) otherwise canceled by the City at least thirty (30) days prior to the
expiration of the then existing renewal term, and (b) there is no increase in the license fee stated in
Section 3 of the Agreement.
3. ContinuiDl! force and effect. Except as otherwise modified herein, all terms and
conditions of the original Agreement between the parties, dated February 2, 2011, shall remain in full
force and effect.
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 MARKET - SUNNY ISLES
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ATTEST:
CITY OF SUNNY ISLES BEACH
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Jane . ines, CMC, City Clerk
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Alan hen, City Manager
BY:
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Preview
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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:
Alan J. Cohen, City Manager
DATE:
2/16/2012
RE:
First Amendment to Parking License Agreement with The Epicure
Market
RECOMMENDATION:
Approve the contract amendment.
REASONS:
In January 2010 the City entered into a parking license agreement with The National Deli
Corp dba The Epicure Market. The agreement provided Town Center Park patrons with
additional parking if the small lot immediately adjacent to the park is full, which is often
the case.
The original parking agreement expired after one year. This amendment extends the
agreement and provides for an automatic renewal clause. A mechanism is provided for
the City to cancel the agreement if it so chooses.
ATTACHMENTS:
. Resolution
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=716&MeetingID=0&MeetingDate==... 2/9/2012