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Home My WebLink AboutReso 2012-1999 RESOLUTION NO. 2012- I Ctil A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PARKING LICENSE AGREEMENT IN SUBSTANTIALLY THE SAME FORM AS ATTACHED EXHIBIT "A" WITH COASTAL CONSTRUCTION OF SOUTH FLORIDA, INC. D/B/A/ COASTAL CONDOMINIUMS FOR PARKING AT THE PUBLIC PARKING FACILITY LOCATED ON 175 STREET; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Coastal Construction of South Florida, Inc. d/b/a Coastal Condominiums ("Coastal") is in need of additional parking for its patrons; and WHEREAS, the City and Coastal desire to enter into a non-exclusive parking agreement to permit Coastal to park vehicles at the public parking lot on 175 Street. 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 Parking License Agreement in substantially the same form by and between the City of Sunny Isles Beach and Coastal Construction of South Florida, Inc. d/b/a Coastal Condominiums for use of the parking lot located at 175 Street, attached hereto as Exhibit"A", be and the same is hereby approved. Section 2. Authorization of the City Manager. The City Manager is hereby authorized to execute the parking agreement and to do all things necessary to effectuate the terms of this resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this I 534` day of N OveA 2012. orman S. Edelcup, Mayor ATTEST: f Jane A. Hines, City Clerk Approving Parking Agmt with Coastal Construction I of 2 APP'O . DASTOFORM E� 4 SUFFICIENCY: /11/A I /AT revs +�/./ r ttmo , ity Attorney Moved by: Cp ....‘4o1-.L_ Seconded by: _ (D Arc t_1 p Vote: S-0 Mayor Edelcup ,/Yes) (No) Vice Mayor Thaler Yes) (No) Commissioner Aelion i/(Yes) (No) Commissioner Gatto t/(Yes) (No) Commissioner Scholl I/(Yes) (No) Approving Parking Agmt 2 of 2 SUNNY 1,4e, AP- = CITY OF SUNNY ISLES BEACH '• PARKING LICENSE AGREEMENT SF'LJFUOFO ti .N O T OF SUN This Parking License Agreement (this "Agreement") is made as of the)4 day of/40$76/41, r` 2012, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation(the "City") and COASTAL CONSTRUCTION OF SOUTH FLORIDA, INC. D/B/A COASTAL CONDOMINIUMS ("Coastal") and/or assigns. RECITALS WHEREAS, Coastal is in need of additional parking for its patrons; and WHEREAS, the City and Coastal desire to enter into a exclusive parking agreement to permit Coastal to park vehicles and a mobile office trailer at the public parking lot located at 175th Street (the "Property"), attached hereto as Exhibit"A", and incorporated herein by reference; 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 parking space area. The City hereby licenses to Coastal the right to use on a exclusive basis the parking area reflected in the attached Exhibit "A" on which Coastal shall locate a mobile office. In addition, the City agrees to provide 8 (eight) parking space passes to be used by patrons of Coastal on a non-exclusive basis to park within the parking spaces designated by the City. The 8 (eight) parking space passes may be utilized only by Coastal or its guests. No other use of the Property is permitted without the express written permission from the City. 3. Monthly Rent. Coastal shall pay a monthly fee of$6,000.00 (Six Thousand Dollars) for non-exclusive use of the parking area reflected in the attached Exhibit "A", commencing on the date of execution of this Agreement (the "Effective Date") by the City. The first payment shall be due no later than December 1, 2012, and thereafter no later than the 1St day of each month. 4. Term. This agreement shall remain in effect from the execution date of this Agreement and continue for 20 (twenty)months. 5. Renewal Term. At the conclusion of the initial 20 (twenty) month term, this Agreement may be renewed for 4 (four) months based on the mutual agreement of both parties. 6. Improvements. No structures or improvements of any kind other than Coastal's mobile office shall be placed upon the Property described in Exhibit A without prior written approval of the City Manager or his designee. 7. Maintenance. Coastal shall keep and maintain the parking spaces described in Exhibit A licensed under this Agreement within the Property in good and clean condition, including the regular removal of all litter and trash and all parking spaces under this free from litter and trash from Coastal or its guests. 8. 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 the Property under this Agreement and the contents therein. Coastal, 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, Coastal 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 Coastal, except from the wrongful acts of the City, its employees and public officials, agents, and servants. 9. Assumption of Risk. All property belonging to Coastal or any their parking patrons of the Property authorized under this Agreement shall be there at the risk of Coastal 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. Coastal 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 Coastal' part to be performed under the terms of this Agreement or arising from any act or negligence of Coastal, or of its agents or employees, Coastal, upon notice from the City, shall defend the City at Coastal's expense, by counsel reasonably satisfactory to the City. 10. Compliance with Law. Coastal shall comply with all applicable state, county and City laws and ordinances in fulfilling its responsibilities under this Agreement. Coastal agree that the Property shall only be used by its employees, contractors, agents, and invitees, to accommodate potential overflow parking from patrons of Coastal. 11. Termination. Either party shall have the right to immediately terminate this Agreement without cause upon written notice to the other party. 12. Attorneys 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS #1: COASTAL CONSTRUCTION OF SOUTH FLORIDA, INC. D/B/A COASTAL CONDOMINIUMS ignature BY: %// LtioAIM 6 • : ►�� Irrpora e representative �C• L 1/rC � Print Name WITNESS #2: i nat g ure UsSTA./ ,o.Rscc Print Name ATTEST: CITY OF SUNNY ISLES BEACH i BY: Ci?, Jane A.Hines, CMC, City Clerk Christopher J. Russo, City Manager APPROV:D �: T 01 FORM AND LEGA . j'/ . CY BY: /p-, 170!°ot, li■ty Attorney