97-22378 RESO
RESOLUTION NO.
97-22378
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A FIRST
AMENDMENT TO THE PARKING PERMIT AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BROADCAST VIDEO, INC. AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME.
WHEREAS, at its regular meeting on January 8, 1997, the Mayor and City Commis;iol
approved a Parking Permit Agreement (Agreement) with Broadcast Video, Inc. (BVI) for th~
purpose of issuing parking permits to BVI for fifty (50) parking spaces on the fourth floor of the 1711
Street Municipal Garage, located at 17th Street and Lincoln Road, Miami Beach, Florida (tl::.~
Garage), starting at an initial rate of$50.00 per month, per space, plus tax, for an initial term of ti" ~
(5) years, with one additional five (5) year renewal option; and
WHEREAS, following the approval of the Agreement, and as a result of contiruei
negotiations with BVI, the Administration would herein recommend that the Mayor and Ci1 y
Commission approve and authorize the Mayor and City Clerk to execute the attached Fir: t
Amendment to the Agreement (First Amendment); and
WHEREAS, the attached First Amendment not only serves to clarify existing terms in th ~
Agreement, but pursuant to the aforestated negotiations between the Administration and BV ,
amends the City's requirement to now provide up to fifty (50) parking spaces to BVI during sdec t
special events, and requires BVI to execute an agreement with RH Holdings, Inc., as the OWllf:f (f
the property located at 1680 Michigan Avenue, allowing the City to utilize fifty (50) spaces in th~
1680 Michigan garage facility, during such special events; and
WHEREAS, the Agreement is further amended to provide that the five (5) year remwd
option be exercised, at BVl's, rather than the City's, discretion.
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CIT"{
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Ci1 {
Commission herein approve the attached First Amendment to the Parking Permit Agreemer t
between the City of Miami Beach and Broadcast Video, Inc. and authorize the Mayor and City Cler (
to execute same.
PASSED and ADOPTED this 7th day of
May
ATTEST:
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Ro~6' r~c~
CITY CLERK
APPROVED i~ 10
FORM & lANt3UAGf
& FOR EXECIJTON
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Cify Attorrwv Data
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. .30 to -91
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
May 7, 19.~7
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTI OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, APPROVING THE FIRST
AMENDMENT TO THE PAmGNG AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BROADCAST VIDEO,
INC.
Administration Recommendation
Approve the Resolution.
Backl:round
On January 8, 1997 the Mayor and City Commission approved a Parking Agreement betweer. H e
City of Miami Beach and Broadcast Video, Inc. (BVI) for the use of fifty (50) parking spaces in He
17th Street Municipal Garage.
Analysis
The Administration received a request to amend the agreement. After meeting with BVI, Inc. He
Administration recommends the following amendments to the Parking Agreement:
1. Term and Option to Renew:
The term of the agreement is for an initial term of five (5) years with one additional five (5) vel r
option. In the original agreement the option was renewable at the City's discretion. n e
Amendment makes the agreement renewable at BVI's option.
2. Validation Pro2ram for Clients:
BVI's clients will have access to the 17th Street Municipal Garage. Their parking tickets wi 1 t e
validated by BVI (with approval as to form by the Administration) and reconciled daily b) t1 e
Parking Department. At no time shall the number of clients and employees per day be greater than
fifty (50).
AGENDA ITEM
C "LL
.6-'1.Q '7
DATE
3. Access to Spaces Durinl: Special Events
The City will assure that fifty (50) spaces for use by BVI in the 17th Street Municipal Garage,h, 11
be set aside during large special events. In return BVI shall provide and assure parking for Ci y
vehicles at the private parking garage located at 1680 Michigan A venue, Miami Beach, Florida
33139.
This provision is subject to a written agreement between BVI and R.H. Holding Ltd. The ler n
of this agreement shall run concurrent with the term of the City of Miami Beach/BVI Parikh g
Agreement.
4. Permit Fee and Annual Increase
The permit fee shall be adjusted upward annually upon each anniversary of the Agreement, hll tIe
same extent as for all other users similarly situated.
Conclusion
The requested amendments to the Parking Agreement should be adopted.
JGP/SR/~~
FIRST AMENDMENT TO THE
PARKING PERMIT AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH
AND
BROADCAST VIDEO, INC.
THIS FIRST AMENDMENT made the tL- day of May, 1997 between the CITY 0:;'
MIAMI BEACH, a Municipal Corporation of the State of Florida (City), and BROADCAS r
VIDEO INC., a corporation having its office at 20377 N.E. 15th Court, Miami, Florida, 3317~
(BVI).
WITNESSETH
WHEREAS, at its regular meeting on January 8, 1997, the Mayor and City Commis;io 1
approved a Parking Permit Agreement (the Agreement) between the City and BVI for the purpm e
of issuing parking permits to BVI for 50 spaces on the fourth floor of the 17th Street Munic ip:..l
Garage, located at 17th Street and Lincoln Road, Miami Beach, Florida (the Garage), starting c:t a [1
initial rate of $50.00 per month, per space, plus tax, for an initial term of five (5) years, with a 1
additional five (5) year renewal option; and
WHEREAS, the parties herein wish to amend the A~reement, both to further clarif) tr e
specific terms stated therein, and to incorporate additionally negotiated items.
NOW, THEREFORE, in consideration of the covenants and agreements herein contai1ec,
and other good and valuable consideration, the receipt and adequacy of which is hereb V
acknowledged, the City and BVI covenant and agree as follows:
1. The third "WHEREAS" clause on page one of the Agreement is amended as fol1ow:~:
BVl's move to the City is dependent upon their being able
to provide up to fifty (50) parking spaces for their
employees and clients; and
2. The sixth "WHEREAS" clause on page one ofthe Agreement is amended as fol1c1w: :
the Administration has negotiated the foregoing Parking
Permit Agreement between the City and BVI (Agreement),
which would issue parking permits to BVI for up to fifty
(50) spaces on the fourth floor of the Garage (roof top),
starting at an initial rate of $50.00 per month, per space, plus
tax, for an initial terms of five (5) years, with one additional
five (5) year option, renewable at the City's BVI's
discretion; and
3. Paragraph 1 on page two of the Agreement is amended as follows:
The City hereby grants to BVI, and BVI hereby accepts
from the City, permission to use up to fifty (50) parking
spaces in the Garage, in conformance with the purposes and
for the period stated herein, and subject to all the terms and
conditions herein.
4.
follows:
The second paragraph of Paragraph 2 on page two of the Agreement is amende:! l.' S
The Permit Fee (as for all other users similarly situated)
shall be adjusted upward annually upon each anniversary of
the Agreement, including any renewal terms, if applicable,
in accordance with (i) any increase in the Consumer Price
Index (CPI), as reported in the most recent applicable
circular for the Miami Standard Metropolitan Statistical
Area by the U.S. Department of Labor, Bureau of Labor
Statistics or; in the alternative, (ii) any rate increase in the
monthly parking rate, as adopted by the City, whichever
may be greater.
5. Paragraph 3 on page two of the Agreement is amended as follows:
The City shall 3peeifieally desi~ftfttt: the locations of provide
the parking spaces which are the subject of this Parking
Agreement, said location, generally, to be on the fourth floor
(roof top) of the Garage. All rules and regulations
pertaining to such parking spaces, shall be as determined by
the City. In addition. the City and BVI shall work together
to develop a parking validation plan for BVI's clients. with
final approval to be determined as to form and manner of
same by the City's Parking Director. Durin~ select 3pee1al
evem3, (Doat Sho.., Art De;eo \Ve;e;ke;nd, Auto Sho.\, e;tc. ),
the City of Miami Betleh rC3erye3 the ri~ht of the fae1lity.
During the3e e'.ems, DVI i3 re3pon3ibk f'6r findin~
alte;mati'.e parking if facility i3 f1:111.
2
During select special events. the City shall continue to
insure that the fifty (50) parking spaces which are the
subject of this Agreement shall be made available for BVI's
use in the same manner and subject to the same conditions
as set forth in the previous paragraph. However. the City's
obligation to provide parking in this manner during such
select special events shall be subiect to and contingent upon
the execution of an agreement between BVI and RH
Holdings. Inc.. as the owner of the property located at 1680
Michigan Avenue. Miami Beach. Florida. Said agreement
shall acknowledge that the City of Miami Beach is an
intended third party beneficiary thereunder. and shall
specifically agree to provide the City with fifty (50) parking
spaces in the private parking garage facility adiacent to the
building located at 1680 Michigan Avenue. to be used by
the City during those periods when the City has designated
a select special event. such that the spaces which would
ordinarily be used by the City in the Garage for same are not
available due to the City's Agreement to provide same to
BVI hereunder. The parties further acknowledge that said
agreement between BVI and RH Holdings. Inc. shall be in
a form approved by the City. (as an intended third party
beneficiary) and shall be attached to this Agreement as an
exhibit hereto.
In the event that BVI is unable to negotiate the afore stated
agreement with RH Holdings. Inc.. the City reserves the
right to use all of the Garage. including the fifty (50) spaces
provided to BVI pursuant to this Agreement for the City's
use during such select special events as the City. in its sole
discretion. may determine necessary (Boat Show. Art Deco
Weekend. Auto Show. etc.). During such select special
events. BVI shall be responsible for finding alternate
parking if the Garage is full.
6. Paragraph 4 on page three of the Agreement is amended as follows:
The intimal term of this Parking Agreement shall be for five
(5) years from the date of execution of this Agreement. At
the sole discretion ofthc Cit), BVI, this Agreement may also
be extended for one additional five (5) year renewal term,
provided that BVI shall request this extension from the City
at least ninety (90) days prior to the expiration of the initial
term and that the Agreement is in good standing at such
time.
3
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed ani
their seals to be affixed; all as of the day and year first above written.
\Zkt \ fM~
CITY CLERK
I BEACH
ATTEST:
:1
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BROADCAST VIDEO, INC.
(CORPORATE SEAL)
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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