Parking Permit Agreement 1994
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PARKING PERMIT AGREEMENT
This Parking Pennit Agreement is made as of this 29th day of July, 1994, by and between
the City of Miami Beach (City) and VIP Parking System (Pennittee).
1. TERMS AND AGREEMENT: Pennittee will be managing the parking operations of the
City's l4-A, l4-X, l7-X & 6B parking facilities located at the following locations:
l4-A 1601 Washington Avenue during evening hours (6:00 P.M. until 3:00
A.M.) Wednesdays, Thursdays, Friday, Saturday and Sundays,
holidays and special events.
l4-X 1557-65 Washington Avenue during evening hours (6:00 P.M. until
3:00 A.M.) Wednesdays, Thursdays, Friday, Saturday and Sundays,
holidays and special events.
l7-X 1242-62 Collins Avenue from Friday 6:00 P.M. through Sundays
Midnight, holidays and special events.
6-B Park Avenue and 22nd Street from Saturday at 6:00 P.M. through
3:00 A.M. , holidays and special events;
on a six-month pilot, experimental parking project. Pennittee will provide staffing for
collection of parking fees, provide security and/or off-duty police officers services, daily
routine cleaning of trash and receptacles during operations days (Wednesday through Sunday
inclusive - excludes Monday and Tuesday), remove graffiti or other vandalism damages.
Pennittee will charge prevailing market rates with prior approval from the City Manager or
his designed agent the tenn of this Pennit Agreement shall be for a six-month trial period.
All special event uses listed above shall occur only with the WTitten consent of the Parking
Department.
2. PERMIT FEE: The permit fee is based upon a flat fee paid back to the Parking Department
Enterprise Fund. Pennittee guarantees the City a base fee of$4,333.33 per month during the
six month period from the operations of the City's l4-A and l4-X parking lots and
$1,600.00 per month during the six month period from the operations of the City's 17-X and
6-B parking lots.. Payment of the Pennit fee shall be made payable to the City of Miami
Beach - Parking Department, 1674 Meridian Suite 303, Miami Beach, Florida 33139. The
Pennittee will not be authorized to use the Pennit Area for any event or activity which has
not been authorized or identified by the City Manager or Parking Department in advance, in
writing.
3. TERMINA nON: The City, through the City Manager or his designed agent, may revoke
this pennit agreement at any time during the test period for any cause.
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4. RENEWAL: The City, through the City Manager or his designed agent, shall have the
option to renew this Permit for a period of up to six additional months under comparable
terms, conditions and provisions established herein, provided it is not then in default.
5.
ASSIGNMENT:
party.
Permittee shall not be authorized to assign this Permit to any other
6. LAWS. REGULATIONS. PERMITS: Permittee shall comply with all applicable statutes,
ordinances, rules, orders, regulations, and requirements of the City, Federal, State, and
County agencies. Permittee shall provide proof of compliance with all applicable required
licenses, permits, and other legal requirements prior to the execution of this Permit
Agreement.
7. INDEMNIFICATION: Permittee shall indemnify and hold the City harmless from and
against all claims, liability, losses, and causes of action, costs and damages to persons or
property which may arise out of the operation of the parking lot or fulfillment of this Permit
Agreement and shall defend all suits in the name of the city when applicable, and shall pay
all costs, losses or judgments which may arise from any legal action except those resulting
solely from the negligence of the City, its agents or employees.
In accepting this Permit Agreement, the Permittee for itself, its legal representatives,
successors and assigns, thereby release the City from all liability, claims, demands, actions,
judgments, damages, costs and expenses of any nature, arising from the actions of the
Permittee during the term of this Permit Agreement and its extensions. This includes, but
is not limited to, all third party claims by employees, contractors, sub-contractors, licenses,
invitees, patrons and their heirs, legal representatives or assigns.
8. INSURANCE: Prior to the commencement of this Permit Agreement, the Permittee shall
furnish to the City of Miami Beach, c/o the Parking Department, 1674 Meridian Avenue,
Suite 303, Miami Beach, Florida 33139, copies of any and all Certificates of Insurance
reflecting the City of Miami Beach as an additional insured indicating that Insurance
coverage has been obtained meeting the following requirements:
General Liability coverage including Bodily Injury and Property Damage in an
amount not less than $500,000 per person per occurrence. Insurance shall provide
primary coverage of the location from which Permittee is to operate; shall name the
City as an Additional Insured; shall provide primary coverage to all other coverage
held by the City and shall be provided by an insurance company duly authorized to
do business in the State of Florida, rated A:X or better per A.M. Best's Key Rating
Guide. Copies of the certificate should be provided to the City's Risk Manager
disclosing the type and amount of insurance obtained and providing that the policy
may not cancelled or materially altered except upon ten (10) day's written notice to
Permittee and must be approved by the Risk Manager.
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Workers' Compensation Insurance as required by Chapter 440 Florida State Statutes,
shall also be required.
9. RIGHT OF ENTRY: The City, or any of its agents or representatives, shall have the right
to enter upon said premises during all working hours during which Pennittee operates, to
examine the facility and monitor the Permittee's performance.
10. SECURITY: Permittee shall provide uniformed police and/or security presence on site
during time of parking operations and it is expressly agreed and understood that the City
shall not in any way be or assume responsibility for the personal safety of Permittee's
employees, invitees or any other person entering the Permit area in connection with this
Permit Agreement as well as any equipment or personal property brought into the Permit
area whether as a result of loss, theft, damage, or any other type of casualty which may
occur.
11. MAINTENANCE: Pennittee, at its sole costs and expense, shall maintain the Pennit Area
in a clean and sightly condition, not allowing refuse or debris to accumulate. The Permittee
shall repair any minor damage caused as a result of its use of the Permit area under this
Agreement. Failure to maintain the facility in an acceptable manner may result in the City
revoking the Agreement or provide for clean up services, charging the costs of the service
back to the Permittee plus an administrative service fee of twenty percent (20%) of such
costs.
12. SURRENDER UPON EXPIRATION: Upon expiration or other termination of this Permit,
Pennittee shall immediately surrender possession of the Premises to the City in substantially
the same condition in which Permittee was required to maintain except for reasonable wear
and tear, damage by fire or other natural disaster. If, within ten (10) days following the
occurrence, Permittee fails to repair or replace any damage to the Premise caused by the
Permittee, its agents, employees or invitees, the City may, at its option, cause all requirement
renovations, maintenance, repairs or replacements required to be made. Permittee will be
charged for all costs therewith associated plus an additional administrative overhead charge
oftwenty percent (20%).
13. NOTICES: All notices, requests, demands, consents, approvals and other communication
which area required to be served or given hereunder, shall be in writing and shall be sent by
registered or certified United States mail, return receipt requested, postage prepaid, addressed
to the appropriate party to receive such notices as follows:
To City:
Roger M. Carton
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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To Permittee:
Frank Pintado
President
VIP's Parking System, Inc.
2436 Southwest 109th Avenue
Miami, Florida 33165
Either party may, by written notice, change its address for all subsequent notices. Notices
given in compliance with this section shall be deemed given when placed in the mail.
14. LIMITATION OF LIABILITY: The City desires to enter into this Contract only if in so
doing the City can place a limit on the City's liability for any cause of action for money
damages due to an alleged breach by the city of this Contract, so that its liability for any such
breach never exceeds the sum of$l,OOO. The Permittee hereby expresses its willingness to
enter into this obligations imposed upon by the city by this agreement. Nothing contained
in this paragraph or elsewhere in this agreement is in any way intended to be a waiver of the
limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28.
AGREED:
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Date:
,h.f/fl1
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Roger M. Carlton
City Manager
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President or Vice Presl ent
VIP's Parking System, Inc.
Date: 7fi:~
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FORM APPROVED
LEGAL DEPT.
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By ~ c..;:>
Date 1- ~"i-"\,\
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