Agreement 03/01/1995
PARKING PERMIT AGREEMENT
THIS PARKING PERMIT AGREEMENT is made as of this 1st day of March, 1995, by
and between the City of Miami Beach (City) and VIP Parking System, Inc. (permittee).
1. TERMS AND AGREEMENT: Permittee will be managing the parking operations of the
City's 14-A, 14-X, 17-X & 6B parking facilities located at the following locations (permit
area):
14-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.
14-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.
17-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;
The Permittee's authorized use of the permit area is for the sole purpose of management of
the City's parking operation. Permittee 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. Permittee will charge prevailing market rates with prior approval
from the City Manager or his designed agent. This Parking Permit Agreement shall be effective for
three (3) months. All special event uses listed above shall occur only with the written consent of the
Parking Department. Permittee shall not exclude any member of the public from parking in the permit
area except for non-payment of the parking fee. Permittee shall not remove or disturb any vehicle
already parked in the permit area when the Permittee commences operations. Permittee shall allow
vehicles with city wide parking decals to park in the permit area free of charge.
2. PERMIT FEE:
The permit fee is based upon a flat fee paid back to the Parking Department Enterprise Fund.
Permittee guarantees the City a base fee of$4,333.33 per month during the six month period from
the operations of the City's 14-A and 14-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 Permit
fee shall be made payable to the City of Miami Beach - Parking Department, 1674 Meridian Suite
303, Miami Beach, Florida 33139. The Permittee will not be authorized to use the permit 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. TERMINATION:
The City, through the City Manager or his designed agent, may revoke this Parking Permit
Agreement at any time for any cause.
4. RENEWAL:
The City shall have the option to renew this Permit under comparable terms, conditions and
provisions established herein, provided it is not then in default.
5. ASSIGNMENT:
Permittee shall not be authorized to assign this Permit to any other party.
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 Parking 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 Parking 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 Parking 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 Parking 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 Parking Permit Agreement, the Permittee shall furnish to
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the City of Miami Beach, c/o the Parking Department, 1674 Meridian Avenue, Suite 303, Miami
Beach, Florida 33139, copies ofany and all Certificates ofInsurance 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.
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 the permit
area during all working hours during which Permittee 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 pennit area in connection with this Parking 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:
Permittee, at its sole cost and expense, shall maintain the permit 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 Parking Permit Agreement. Failure to
maintain the permit area in an acceptable manner may result in the City revoking the Parking Permit
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.
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At the expiration or other termination of this Permit, the permit area shall be 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 permit area 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 of twenty percent (20%).
12. 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, retum 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
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.
13. 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$I,OOO. The Permittee
hereby expresses its willingness to enter into this obligations imposed upon by the City by this Parking
Permit Agreement. Nothing contained in this paragraph or elsewhere in this Parking Permit
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.
14. NOT A LEASE:
It is expressly understood and agreed that no part, parcel, building, structure, equipment or
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space is leased to the Pennittee and that no provision herein shall interpreted to convey any leasehold
interest whatsoever; that VIP Parking System, Inc. is a Pennittee and not a Lessee; that the
Permittee's right to manage the parking lots shall continue only so long as the parking lot operation
complies with the undertakings, provisions, agreements, stipulations and conditions of this Parking
Pennit Agreement or the City revokes the permit.
AGREED:
Date: :!>
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Roger M. Carlton
City Manager
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President or Vice President
VIP's Parking System, Inc.
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JQtM APPROVED
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