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HomeMy WebLinkAboutReso 2012-1864 RESOLUTION NO. 2012- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE PARKING LICENSE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA, AND CHARLEVILLE DEVELOPMENT CORP. ("CHARLEVILLE") FOR USE OF A PORTION OF THE PARKING LOTS UNDER THE WILLIAM LEHMAN CAUSEWAY, ATTACHED HERETO AS EXHIBIT "B"; AUTHORIZING THE CITY MANAGER 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, the City has previously entered into a lease agreement ("FDOT Lease") with the Florida Department of Transportation ("FDOT") for the use of the parking lots and surrounding property under the William Lehman Causeway (collectively the "Parking Lots"); and WHEREAS, the City has been given permission by FDOT to collect a daily fee from the general public for the use of parking lots; and WHEREAS, Charleville approached the City about using a portion of the parking lots for the parking of automobiles owned by employees of constmction companies that are working on the Charleville condominium project; and WHEREAS, the City and Charleville entered into a Non-Exclusive Parking License Agreement on November 15,2011, (the "Agreement") to jointly share on a non-exclusive basis parking spaces in the parking lot under the William Lehman Causeway, attached hereto as Exhibit "A"; and WHEREAS, the City and Charleville desire to amend the Agreement to amend the costs and the space allotment, attached hereto as Exhibit "B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Aporoval of First Amendment. The First Amendment to the Parking License Agreement by and between the City of Sunny Isles Beach and Charleville Developemtn Corp., attached hereto as Exhibit "B", is hereby approved. R2012 Charleville Dev (Regalia) First Amend To Pkg License Agml.Doc Page] of2 Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said First Amendment to the Parking License Agreement. Section 3. Authorization of the City Attorney and the Citv 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. PASSED AND ADOPTED this 1st day of March 2012. S TO FORM FFICIENCY: Moved by: ~M\'J>\oJ~ Q~voJ ~ \ U 'M~o~ \:\\A\.:t~ Seconded by: Vote: s- 0 Mayor Edelcup Vice Lewis Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl ~(Yes) ,/ (Yes) -:7(Yes) -----;?'"(Yes) 7(Yes) _(No) _(No) _(No) _(No) _(No) R2012 Charleville Dev (Regalia) First Amend To Pkg License Agmt.Doc Page 2 of2 CITY OF SUNNY ISLES BEACH NON-EXCLUSIVE I'ARKING LICENSE AGREEMENT 0""" ,jtc This Non-Exclusive Parking Liccnse Agrccmcnt ("Agrecment") is made as of the K day ofl'\OUQ,cLb.v, 2011, by and betwcen the CITY OF SUNNY ISLES BEACH, a municipal corporation ("City") and CHARLEVILLE DEVELOPMENT CORP, a Florida general partnership ("Charlcville") or assigns. RECIT ALS Whereas, thc City has previously entered into a Icase agrccmcnt ("FDOT Leasc") with the Florida Department of Transportation ("FDOT") for thc usc of the Parking lots and surrounding property under the William Lchman Causcway (collcctivcly the "Parking Lots"); and Whereas, the City has been given permission by FDOT to collect a daily fee from thc general public for the llse of the Parking lots; and Whereas, Charlevillc has approached thc City about using a portion of the Parking Lots for the parking of automobiles owned by employccs of construction companies that are working on the Charleville condominium project; and Whereas, the City desires to entcr into a non-exclusivc parking license agrcement with Charleville for the use of a portion of the Parking Lots; and Whereas, this Agreemcnt is consistcnt with thc authority that the City has ovcr the Parking Lots pursuant to the FDOT Leasc; and NOW, THEREFORE, in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowlcdged, thc parties agree as follows: 1. Recitals. The foregoing recitals are true and corrcct and are incorporated herein in their entirety. 2. Authorization to I'ark on I'roTlCl'ty. The City hereby licenses to Charleville, on a non- exclusive basis, the right to use the Property to park vehicles in certain designatcd areas, together with the non-exclusivc appurtcnant right of access to and from said parking areas and to and Irom dedicated public streets. The particular vchicles authorizcd to park on the Pmpcrty includc passengcr automobiles. trucks, and constmction equipment only. No othcr usc of thc Propcrty is pcrmitted without written permission from thc City. 3. Use of Lehman Parkin!! Lots. There shall at all times bc sufficient parking spaces available for the gencral public to utilizc thc Lchman Parking Lots. The City hercby licenses to Charleville, on a non-exclusive basis, the right to usc up to thirty (30) parking spaces at the Lehman Parking Lots (the "Lehman Parking Spaccs"), at fifty dollars ($50.00) per space pcr Exhibit "A" '. month, for passenger automobile and truck parking purposes. It is understood and agreed that the right to use the Lehman Parking Spaces is non exclusive. However, the City agrees that during the term of this Agreement, it shall not enter into an agreement with any other entity to grant the right to utilize any portion of the Lehman Parking Lots on a monthly basis. 4. Costs. It is understood and agreed that during the term of this Agreement, Charleville shall be responsible for any costs or expenses associated with its use of the Property for vehicular parking. 5. Term. The initial term of this Agreement shall commence on the Effective Date and shall expire ninety (90) days thereafter (the "Initial Term"). 6. Asshmment. This Agreement may not be assigned or sublet by Charleville, in whole or in part, without prior written consent of the City. , 7. Improvements. No structures or improvements of any kind shall be placed upon the Property without prior written approval of the City. 8. Maintenance. Charleville shall keep and maintain the parking areas of the Property in good and safe condition, including the regular removal of all litter and trash, and repair any damage to the Property caused by its employees, agents, and subcontractors. 9. Indemnification. This Agreement is one of licensing of property and is not a bailment. Charleville shall assume full responsibility for its vehicles and those of its employees, agents and invitees, and the contents of the vehicles on the Property. Charleville, 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 property in, on or about the Property. To the extent permitted by law, Charleveille 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 Property by CharlevilIe, its agents, servants, employees, contractors, invitees or licensees. 10. Assnmption of Risk. Consistent with paragraph eight and not as a limitation of the aforementioned paragraph, all property belonging to Charleville or any user of the Property shall be there at the risk of Charleville or such other person only. Except for the deliberate or negligent act 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. Charleville 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 Charleville's part to be performed under the terms of this Agreement or arising from any act or negligence of Charleville, or of its agents or employees, Charleville, upon notice from the City, shall defend the City at Charleville's expense, by counsel reasonably satisfactory to the City. ( 11. Compliance with Law. Charleville shall comply with all applicable state, county and City laws and ordinances in fulfilling its responsibilities under this Agreement. The parking areas of the Property shall be used by CharleviIle, its employees, contractors, agents, and invitees, pursuant to such rules and regulations, as the City shall from time to time promulgate. It is understood by CharlevilIe that the parking spaces shall not be "marked" spaces but rather unmarked "floating" spaces within the parking area of the Property. 12. Default. In the event of any defauIt by either party under this Agreement, the non-defaulting party shall have the right to terminate this Agreement upon thirty (30) days written notice to the defaulting party. During this 30 day period, the defaulting party shall have the opportunity to cure the default. However, if the default remains uncured at the expiration of the 30 day period, the non-defaulting party may terminate this Agreement. No provision of this Agreement is intended, nor shall any be construed, as a covenant of any official (either elected or appointed), director, employee or agent of the City in an individual capacity and neither shall any such individuals be subject to personal liability by reason of any covenant or obligation of the City hereunder. 13. Attorneys Fees. In the event of any dispute anslng 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. Bindine:. The provisions of this Agreement shall be binding upon the parties thereto and their respective successors and/or assigns. 15. Severability. The terms of the Agreement are independent of and severable from each other, and neither this Agreement nor any provision shall be affected or rendered invalid or unenforceable by virtue of the fact that any other or others of them may be invalid or unenforceable, in whole or in part for any reason. 16. Governine: Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any action, in equity or law, with respect to this Agreement must be brought and heard in Miami-Dade County. 17. Independent Relationship. This Agreement does not evidence the creation of, nor shall it be construed as creating, a partnership or joint venture between the City and Charleville. CharlevilIe cannot create any obligation or responsibility on behalf of the City or bind the City in any manner. Each party is acting for its own account, and it has made its own independent decisions to enter into this Agreement and as to whether the same is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. Each party acknowledges (- that none of the other parties hereto is acting as a fiduciary for or an adviser to it in respect of this Agreement or any responsibility or obligation contemplated herein. 18. Amendment. This Agreement may not be amended, unless evidenced in writing and executed by all Parties hereto. 19. Captions. The captions and headings of sections or paragraphs used in this Agreement are for convenient references only and shall not limit, defme or otherwise affect the substance or construction of provisions of this Agreement. 20. 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, Charleville Development Corp. and the City of Sunny Isles Beach have executed this Parking License Agreement as of the day and year first above written. WITNESS: CIIAIlliE~ PMENT CORP. I / I ' CL B By: "/I !i /~" Paul C. 7hY, Prd~ CITY OF SUNNY ISLES BEACH / ) /} \..i UI.Z' J::S 1.0 ted Name .:Jrl,cl.-i 1'Vo.-<L J . 1SfJ-€.11<'d ~R~, Pri -1 ATTEST BY:~~ .A ll-,,~ Jane A. Hines, CMC, City Clerk /,;;",//? BY: U;f/?L...9/;_ Alan 1. CQffen, City Manager ~ . . .,; _.:-f:f::: ..r ~ -'.-~ ~rj~~'i( , - , .~ \ ~ ." \ ~.;~:~"?)'k::}:>jDt:':~r ~ . \" '.~ " ..--,,_...,.... . -'~-. '->'" . ~.'.. .~__."'::::~: ,~;. t;-EJff:~ ~i :tfd;~t; ~i .. .' :.,: ~J~~;:~::'~{1 .., .1 ..... ~I~i...~.i.fL,.~:,l!.'.x~.;' III, i~grg,~t:i~);:1 II",. .! ~.~ ZO :<.'.Z" ,.. 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'. . ..,' .... ./ ~~..;:.,. ..... :,?::~~"'.' r ....,... let ~ . .' .-...-" City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947.0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. F.dclcup. Mayor Lewis J. Thaler, Vice Mayor Isaac Aelion, Commissioner Jeanette Gatto. Commissioner George "Bud" Scholl, Commissioner Alan J. Cohen, City Manager lIans OUinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Alan J. Cohen, City Manager DATE: March 1st, 2012 RE: Parking License Agreement with Charleville Development Corp RECOMMENDATION It is recommended that the City Commission adopt the resolution approving a Parking License Agreement with Charleville Development Corp (Charleville). REASONS -l I The City has a lease agreement with the Florida Department of Transportation (FOOT) for the use of the parking lots and surrounding property under the William Lehman Causeway. These agreements permit the City to collect a daily fee from the general public for parking in these parking lots. In order to accommodate the construction workers who will be constructing the Regalia project, in addition to trucks and other construction equipment, Charleville has requested use of a portion of the parking lots under the William Lehman Causeway, and other city parking lots as needed, up to a total of 250 parking spaces at anyone time. Charleville will notify the City each month what its parking needs will be for the following month, and then pre-pay the City a lump sum payment based on sixteen dollars ($16) per day per car for each month of use. ADDITIONAL INFORMATION The City has entered into similar agreements in the past with other development companies for similar purposes. Agenda Item 4 D Date 3> W I 'Z-