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
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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
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By: "/I !i /~"
Paul C. 7hY, Prd~
CITY OF SUNNY ISLES BEACH
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ted Name .:Jrl,cl.-i 1'Vo.-<L J . 1SfJ-€.11<'d
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ATTEST
BY:~~ .A ll-,,~
Jane A. Hines, CMC, City Clerk
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BY: U;f/?L...9/;_
Alan 1. CQffen, City Manager
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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
(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-