Lease Agreement
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LBASB AGREBMENT
This lease agreement is entered into this /(7 day of ~ ' 1987, by and
between the City of Miami Beach as Lessor (hereafter "Lessor" or "City") and Frizerga Italia
Corporation, a Florida Corporation, at 12940 S.W. 122nd Avenue, Miami, Florida 33186 as
Lessee (hereafter "Lessee").
Whereas, Frizerga ltalia Corporation operates a Restaurant at the Bentley Hotel
located at 510 Ocean Drive, Miami Beach, Florida 33139; and
Whereas, Frizerga Italia Corporation has requested permission to lease parking spaces
at parking lot "P-7C", which has 32 meters, during the hours of 6:00 P.M. and 6:00 A.M.
daily for valet parking; and
Whereas, the City of Miami Beach desires to provide available parking to Frizerga
Italia Corporation for its valet parking operations; and
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the Lessor and Lessee hereby agree as follows:
1. Lessor leases to Lessee the following parking spaces at the following location:
a. 15 spaces at Lot P-7C, located at 525 Collins Avenue, Miami Beach,
Florida 33139.
(These are the total number of available spaces in the identified lot).
2. The spaces shall be used solely for and by Frizerga ltalia Corporation, valet
parking service during the hours of 6:00 P.M. and 6:00 A.M. daily, though the City shall
have no liability for the use of these spaces by others, and lease payments shall be
made hereunder regardless of whether unauthorized cars are parked in said spaces
during the above-stated hours. Lessee or Lessee's agent shall cause to be placed upon
poles, subject to Lessor's approval, appropriate signs advising the public of the hours of
operation for valet parking and prohibiting public parking during those hours of
operation.
3. The lease rate for these parking spaces shall be $5.00 per space per month, which
for the 15 spaces totals $75.00 per month.
4. Lease payments hereunder shall be due and payable on the 1st day of each month.
Failure to pay by the 10th day of the month shall constitute a default under this lease,
and in the event of such failure to pay within the 10-day period Lessor shall have the
right to forthwith terminate Lessee's rights under this lease without further notice.
5. Lease payments shall be made to the Metered Parking Division, 1837 Bay Road,
Miami Beach, Florida 33139.
"
6. Lessee shall procure and maintain during the term of this lease liability coverage
including Bodily Injury and Property Damage in an amount not less than $500,000 per
person or occurrence. Said insurance shall provide for primary coverage of the leased
property and shall name Lessor as an additional insured, this coverage primary to all
other coverage the City has, and shall be issued by an insurance company duly
authorized to do business in the State of Florida and rated A:X or better per A.M.
Best's Key Rating Guide, latest edition. Lessee shall furnish Lessor a certificate
disclosing the type and amount of insurance obtained and providing that the policy may
not be canceled or materially altered except upon ten (10) days written notice to
Lessor.
7. Lessee agrees to indemnify and save harmless the City of Miami Beach, its
officials and employees and for and on account of the City to make defense against
any and all claims, actions, demands, suits, liabilities, damages and payments, in tort
or in contract, including, without limitation, accidents, liability or loss for injuries to
or deaths of persons or damages to property caused by any act or failure to act of
Lessee or its employees, servants, agents, members, invitees or guests.
8. This lease shall be subject to cancellation by either party upon thirty (30) days
written notice by certified mail or hand delivery as follows:
To Lessor:
Mr. Rob W. Parkins
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
To Lessee:
Andrea Fregonese
President
Frizerga Italia Corporation
12940 S.W. 122nd Avenue
Miami, Florida 33186
9. This lease shall not be assignable without the prior written consent of both parties
hereto.
10. The term of this lease shall be for one (1) year from November 1, 1987. This lease
shall be automatically renewable for subsequent terms of one (1) year until notice of
cancellation is given as provided for herein.
11. City may elect to renegotiate the lease rate by giving thirty (30) days written
notice prior to the end of any annual term, without prejudicing its rights otherwise
hereunder. Renegotiated lease rates shall take effect by written addendum to this
lease executed by both parties hereto.
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12. Cars remaining in the leased spaces after 6:00 A.M. may be towed by Lessor or
Lessor's agent with Frizerga Italia Corporation and the owner of the automobile jointly
and severally liable for the expenses therefor. Provided, however, that vehicles
parked by Lessee or Lessee's agent that experience a mechanical breakdown or loss of
keys may remain until 12:00 noon the following day. Vehicles experiencing mechanical
breakdown or loss of keys shall be identified by Lessee or Lessee's agent such that
Lessor or Lessor's employees might recognize such vehicle as falling under this
provision. Lessor and/or Lessor's agent agrees that vehicles identified as having a
mechanical breakdown or lost keys shall be parked in marked stalls and not in the
driving lanes. Any vehicle left in the driving lane after 6:00 A.M. may be towed by
Lessor or Lessor's agent in accord with the provisions previously stated under this
article.
13. The exercise of rights of cancellation under this lease may be with or without
cause by either party.
14. Lessee shall be responsible to adopt and enforce regulations governing the
activities of all valet parking staff, including driving at reasonable speeds, a
prohibition against playing radios, racing engines, and squealing tires of valet parked
cars, and prohibiting any other disruption to quiet enjoyment of the neighborhood.
Further, Lessee agrees at all times to keep and maintain lots clean of any debris
and/or litter (including, without limitation, cans, bottles, cups, paper, plastic
containers and other trash) caused by Lessee or by its employees, servants, members,
invitees or guests during hours of use.
Wherefore, the parties hereto have caused
signatures and seals the date first above set forth.
their proper officers to affix their
o
MAYO ALEX DAOUD
BY:
A TrEST:
~w ~ !34
CITY CLERK
SEAL
STATE OF FLORIDA
COUNTY OF DADE
The foregoing
Yi1!Pm 13'f1(!
I
instrument was acknowledged before me this
, 1987, by Alex Daoud, Mayor, and Elaine M.
/.s- day of
Baker, City Clerk,
3
respectively, of the City of Miami Beach, a Florida municipal corporation, on behalf of the
corporation.
~L~
Notary Public State of Florida at Large
My Commission expires: (VI. a '1 ')...t), 19 Pi
FRIZERGA ITALIA CORPORATION
~d~~~
By:
ATTEST:
SEAL
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this /S
it/l;f1J/lh~ '. 1987, by AndrPCl F('f'~olJe~e,
I 51 uff! , , specbvely,
rlfJ J ~.oe &4 '111'-' A (u... p. a corporation, on behalf of the corporation.
day of
and
of
My Commission expires:
'o~n '::riI 1\J(!~N~9 laau Cfa~08
166['Ol ^~~ 'dX) NOISSIWW03 A.
VOIH01~ dO ]l~lS 31land A~YI0N
FORM APPROVED
LEGAL DEPARTMENT:
BY: #1-~ eOM.JT
Cf-lr-P1
DATE:
4
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RESOLUTION NO. 87-18951
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE, ON BEHALF OF THE CITY, A LEASE AGREEMENT
WITH FRIZERGA ITALIA CORPORATION, A FLORIDA
CORPORATION, FOR CERTAIN PARKING SPACES LOCATED IN
PARKING LOT P-7C BETWEEN THE HOURS OF 6:00 P.M. AND
6:00 A.M. FOR THEIR VALET PARKING SERVICES
WHEREAS, the City Commission of the City of Miami Beach seeks to enter into
the Lease Agreement attached hereto as Exhibit "A", incorporated herein by reference, for
the purposes therein expressed; and
WHEREAS, the Administration recommends such action.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk be and the
same are hereby authorized to execute, on behalf of the City of Miami Beach, the Lease
Agreement with Frizerga Italia Corporation, a Florida Corporation, at 12940 S.W.
122nd Avenue, Miami, Florida 33186, attached hereto as Exhibit "A".
PASSED and ADOPTED this 2nd day of September 1987.
.'
I
/
Attest:
1LA/A j
7>J I3JJ-J
City Clerk
APPROVED AS TO FORM:
~~_/12'~
Legal Department
Dated 8- 18-87
~~~8ead
.
FLORIDA
33139
"VACATJONL.4ND U. S. A,"
OFFICE OF THE CITY MANAGER
ROB W. PARKINS
CITY MANAGER
CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673.7010
COMMISSION MEMORANDUM NO.
$1 ~.B7
DATE: ~~ptiPmhiP" ?. 1 QA7
FROM:
TO:
SUBJECT:
REQUEST OF FRIZERGA ITALIA CORPORATION TO LEASE
METERED PARKING SPACES FOR THE OPERATION OF VALET
PARKING SERVICE
Frizerga Italia Corporation, 12940 S.W. 122nd Avenue, Miami, Florida, has requested the
City Commission's consideration of a Lease Agreement for the utilization of certain parking
spaces in municipal parking lot P-7C, for the operation of their valet parking service. The
valet parking service is being provided for patrons of a new restaurant facility in the Bentley
Hotel.
Attached is a Resolution authorizing the execution of a Lease Agreement for Frizerga Italia
Corporation to utilize 15 spaces in municipal parking lot P-7C, located at 525 Collins
Avenue, Miami Beach, Florida, on a daily basis between the hours of 6:00 p.m. and 6:00 a.m.
for the operation of their valet parking service. A fee of $5.00 per space per month ($75.00)
will be paid by Frizerga Italia Corporation to the City of Miami Beach, Metered Parking
Division, on the first day of each month for the aforementioned parking spaces. This
agreement provides for a 30 day written notice of cancellation by either party.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission pass and adopt the Resolution to
authorize the execution of the Lease Agreement for the metered parking spaces in
municipal parking lot P-7C, for Frizerga Italia Corporation to be utilized for the operation
of their valet parking services.
R WP:blb
Attachment
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12
DATE
c.. - 2j~ C.
q-2~f5'1
AGENDA
ITEM