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HomeMy WebLinkAboutReso 2012-1967RESOLUTION NO. 2012 - (g (,1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE PARKING LICENSE AGREEMENT WITH NEWPORT HOSPITALITY, LLC FOR PARKING AT PROPERTY LOCATED AT 287 SUNNY ISLES BOULEVARD; APPROVING A MONTH -TO -MONTH EXTENSION OF PARKING LICENSE AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Newport Hospitality, LLC ( "Newport') owner of the Newport Hotel is in need of additional parking for its patrons; and WHEREAS, the City and Newport desire to enter into an exclusive agreement to permit Newport to park vehicles at 287 Sunny Isles Boulevard; and WHEREAS, the City Commission wishes to provide a month -to -month extension until the City develops a Park at 287 Sunny Isles Boulevard. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratifying the Parking License Agreement. The Parking License Agreement by and between the City of Sunny Isles Beach and Newport Hospitality, LLC for use of the parking lot located at 287 Sunny Isles Beach , attached hereto as Exhibit "A ", be and the same is hereby ratified. Section 2. Approving Extension of Parking License Agreement. A month -to -month extension of the Parking License Agreement with Newport Hospitality, LLC for use of the parking lot located at 287 Sunny Isles Beach, is hereby approved. Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 20th day of September 2012. Approving Parking Agmt with Newport Hospitality, LLC 1 of 2 ATTEST: Jane A. Hines, City Clerk APPROVEq AyS TO FORM ANDU,EGISMFICIENCY: City Attorney Vote: Moved by: , Cn r Sc�et,L Seconded by: LjXw,r,MJ��-[` Mayor Edelcup ((Yes) (No) Vice Mayor Thaler (Yes) (No) Commissioner Aelion V(Yes) (No) Commissioner Gatto _/(Yes) (No) Commissioner Scholl ✓(Yes) (No) Approving Parking Agmt with Newport Hospitality, LLC 2 of 2 O� y�NNY Sis`s a CITY OF SUNNY ISLES BEACH '• *' PARKING LICENSE AGREEMENT �Mr •Nv FS 0 This Parking License Agreement (this "Agreement") is made as of the 1-5 day of u 2012, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation (the "City's and ( "Newport") and/or assigns. K oIT y, . L �- REGTTALs WHEREAS, the City purchased the property located at 287 Sunny Isles Boulevard (the "Property'l to help the City meet its public park/open space initiative; and WHEREAS, the City and Newport (collectively referred to as "the Parties") desire to enter into an exclusive agreement whereby visitors of the Newport Beachside Hotel and Resort located at 1b701 - -- - Collins Avenue, Sunny Isles Beach, FL, 33160, may park their vehicles on the Property; and 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. Recitals. The foregoing recitals are true and correct and are incorporated herein in their entirety. 2. Use of 287 Sunny Isles Boulevard Paridng Lot. The City hereby licenses to Newport the right to use on an exclusive basis parking spaces located within the Property to accommodate potential overflow parking from patrons of the Newport Beachside Hotel and Resort The parking spaces may be utilized only by patrons of the Newport Beachside Hotel and Resort. No other use of the Property is permitted without the express written permission from the City. 3. License Fee. Newport shall pay a monthly fee of $5,000.00 (Five Thousand Dollars) for exclusive use of the parking spaces located within the Property, commencing on the date of execution of this Agreement (the "Effective Date ") by the City. The first payment shall be due no latex than August 15, 2012, and thereafter no later than the 15'h day of each month. 4. Term. This agreement shall remain in effect from August 1, 2012 and continue until December 31, 2012, unless otherwise cancelled by either Party upon written notice to the other Party. 5. Costs and approval of parldne sis ms. The parties agree to share equally the costs associated with constructing and placing signs stating that the parking spaces on the Property shall only be utilized by patrons of Newport Beachside Hotel and Resort. Newport shall be required to obtain the prior written approval from the City prior to the signs being installed on the Property. 6. Improvements. No strictures or improvements of any kind shall be placed upon the Property without prior written approval of the City. blow 7. Maintenance. Newport shall keep and maintain the parking spaces licensed under this Agreement within the Property in good and clean condition, including the regular removal of all litter and trash. 8. Indemnification. This Agreement is one of licensing of property and is not a bailment. The parties agree thud the City shall not assume any responsibility for the vehicles licensed to be parked within the Property under this Agreement and the contents therein. Newport, 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 the Property under this Agreement and the contents therein. To the extent permitted by law, Newport 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 patrons of Newport Beachside Hotel and Resort. 9. Agumntion of Risk. All property belonging to Newport or any their parking patrons of the Property authorized under this Agreement shall be there at the risk of Newport 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 the Property under this Agreement. Newport 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 Newport's part to be performed under the teams of this Agreement or arising from any act or negligence of Newport, or of its agents or employees, Newport, upon notice from the City, shall defend the City at Newport's expense, by counsel reasonably satisfactory to the City. 10. Compliance with Law. Newport shall comply with all applicable state, county and City laws and ordinances in fulfilling its responsibilities under this Agreement. Newport agrees that the Property shall only be used by its employees, contractors, agents, and invitees, to accommodate potential overflow parking from patrons of the Newport Beachside Hotel and Resort. 11. Termination. Either party shall have the right to immediately terminate this Agreement without cause upon written notice to the other party. 12. Attornm 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. 13. Binding. The provisions of this Agreement shall be binding upon the parties thereto and their respective successors and/or assigns. 14. 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. �g IN WITNESS WHEREOF, the parties hereto ha a executed this Agree ent in duplicate on the day and year first written above. WITNESS #1: N y/ 1 i u : n ATTEST: Jane A. Hines, CIVIC, City Clerk CITY OF SUNNY ISLES BEACH BY: / A/ Fred Maas, Acting City Manager Preview Page 1 of 1 C,rt dF 54N MAO TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Hans Ottinot, City Attorney 9/20/2012 Ratifying the Parking Agreement with Newport Hospitality, LLC RECOMMENDATION: The Resolution is presented for your consideration. REASONS: Newport Hospitality, LLC owner of the Newport Beachside Hotel and Resort ( "Newport") has approached the City to utilize the empty lot located at 287 Sunny Isles Boulevard to help meet parking needs on a temporary basis. This agreement will allow Newport to park their vehicles on the property. Please note that Newport has agreed to pay the City a monthly fee of $5000.00 (Five Thousand Dollars). They will be able to use the lot until December 31, 2012 or upon notice of termination. ATTACHMENTS: • Resolution • Agreement http: / /sibagenda. sibfl. netlagendalPreview. aspx ?ItemID= 867 &MeetingID= O &MeetingDate... 9/13/2012 O� S\)tANY tS<��d V 2 � P C'TY OF SUN 1, TO: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305)949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM The Honorable City Commission FROM: Hans Ottinot, City Attorney DATE: September 20, 2012 RE: Ratifying the Parking Agreement with Newport Hospitality, LLC RECOMMENDATION: The Resolution is presented for your consideration. REASONS: City Commission Norman S. Edelcup, Mayor Lewis Thaler, Vice Mayor Isaac Aelion, Commissioner Jeanette Gatto, Commissioner George "Bud" Scholl, Commissioner Fred Maas, Acting City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk Newport Hospitality, LLC owner of the Newport Beachside Hotel and Resort ( "Newport") has approached the City to utilize the empty lot located at 287 Sunny Isles Boulevard to help meet parking needs on a temporary basis. This agreement will allow Newport to park their vehicles on the property. Please note that Newport has agreed to pay the City a monthly fee of $5000.00 (Five Thousand Dollars). They will be able to use the lot until December 31, 2012 or upon notice of termination.