85-18324 RESO
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RESOLUTION NO.
85-18324
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND GOLD STAR,
INC" a FLORIDA CORPORATION, FOR VALET PARKING
SERVICES AT THE THEATER OF THE PERFORMING ARTS
FOR A LIMITED EXPERIMENTAL PERIOD OF 90 - 180
DAYS,
WHEREAS, a Proposal has been recieved from Gold Star,
Inc" a Florida Corporation, for a Valet Parking Service at the
Theater of the Performing Arts for a limited experimental period
of 90 -180 days,
WHEREAS, the Experimental Valet Parking proposal has
been reviewed by the City Administration: and
WHEREAS, the City Administration recommends the
implementatiqn of the proposed valet parking service for a limited
experimental period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and the City Clerk
be and they are hereby authorized to execute a License Agreement
between the Ci ty of Miami Beach and Gold Star, Inc., a Flor ida
Corporation, for Valet Parking Services at the Theater of the
Performing Arts for a limi ted exper imental per iod of 90 - 180
days, which Agreement shall contain the basic provisions contained
in Commission Memorandum No, 739-85,
PASSED and ADOPTED this 18th day of December, 1985.
ATTEST:
4fl~~ ?? aW
CITY CLERK
FORM APPROVED:
/li' '- V2
Legal Department
DATED:
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e<<, 01 ~ ~ead
F L 0 . " D A 3 3 1 3' 9
"VACATIONLAND U. S A,"
. OI'FICI OF THI CITY MANAGIII
lloe W. '.IIKINS
CITY MANAGIII
CITY HALL
nllO CONVINT'ON CENTIII D11IYI
TlLII'MONI: '71-70'0
COMMISSION MEMORANDUM NO. 739 -'il~
DATE: December 18, 1985
TO:
Mayor Alex Deoud end
MlI1IbIIn of the City Commiaion
FROM:
Rob W. Plrkins
City Man....
SUBJECT:
PROPOSED TEMPORARY VALET PARKING SERVICE POR THE
THEATER OP PERFORMING ARTS (TOPA) BY UMDJaA'BJP:AUIIfO<
lCJ.'Wl' GOLD STAR, INC, t,O~
BACKGROUND:
Arthur J, Schultz, President of the Gold Star Parking Company, has met with the City
Administration and expressed interest in providing valet parking service for the Theater of
the Performing Arts (TOPA) during its upcoming winter season.
PROPOSAL:
The Gold Star Parking Company proposes to use an area in the tWCHJtory parking garage for
its valet parking area. This valet parking service is limited in nature for an experimental
period of approximately 90 to 180 days, At the end of the experimental period, the Gold
Star Parking Company and the City of Miami Beach Officials will evaluate the benefits to
the City and the patrons of the Theater of the Performing Arts to determine if the service
provided is of mutual benefit,
PINANCIAL TERMS:
The Gold Star Parking Company proposes to charge five dollars ($5,00) per car for their
valet parking service, of which the City of Miami Beach will receive one dollar ($1.00) per
car,
....
The Gold Star Parking Company will provide an liabUlty insurance and workmen's
compensation insurance and other insurance requirements as may be required by the City of
Miami Beach Risk Manager,
ADMINISTRATION RECOMMENDATION:
'\
The City Administration recommends that the City Commission authorize the Mayor to
execute a License Agreement with Gold Star Parking Company to provide valet parking
service for the Theater of the Performing Arts for limited experimental period of
approximately 90 to 180 days.
RWP:WHH:blb
Attachment
MINDA
ITIM
.~ I e a....
VALET PARKING LICENSE AGREEMENT
THIS AGREEMENT entered into this ~ day of December, 1985
by and between THE CITY OF MIAMI BEACH, a Florida Munici~al
Corporation (hereinafter referred to as the "CITY") having Its
address at 1700 Convention Center Drive, Miami Beach, Florida
33139, and GOLD STAR, INC., a Florida Corporation (hereinafter
referred to as "Gold Star") having its address at 475 N,W. 122
Street, North Miami, Florida 33168.
WIT N E SSE T H:
WHEREAS, Gold Star wishes to provide a valet parking service
("Valet Parking Service") for the Miami Beach Theatre of
Performing Arts (hereinafter referred to as "TOPA");
WHEREAS, The City has determined that an experimental Valet
Parking Service for TOPA limited to the remainder of the 1985-86
season is in the public interest;
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, and for other good and valuable
consideration, the receipt and SUfficiency of which is hereby
acknowledged, the City agrees to permit Gold Star to provide a
Valet Parking Service for TOPA subject, however, to the following
terms and conditions:
1. License of Space. The City hereby authorizes Gold Star
to operate a valet parking stand at TOPA, which stand shall be
located outside of TOPA in an area to be specifically designated
by the City Manager (which area shall hereinafter be referred to
as the "Licensed Space"). The City may at any time substitute for
the Licensed Space any other space at TOPA of at least equal
square footage. The City shall give to Gold Star at least ten (10)
days' notice in writing of its intention to make such
substitution, which notice shall state the date upon which
substitution shall be made,
2. Valet Parking Charge, Gold Star may charge up to five
dollars ($5,00) per car as its fee for Valet Parking at TOPA, and
may increase such charges only upon its receipt of written
approval from the City Manager.
3, Fee to City,
(a) Amount, Gold Star shall pay as a fee to the City
twenty percent (20%) of the "Gross receipts" received by Gold Star
from the Valet parking operation. "Gross receipts" shall include
all monies recieved by Gold Star for providing Valet Parking for
TOPA, whether wholly or partially in cash or on credit (and in the
case of credit sales, whether or not payment be actually made
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
therefor) or otherwise, "Gross receipts" shall not include tips
or gratuities received by parking attendants,
(b) Where/when payable, The fee to City is payable on
or before the lUtn cay ot eaCh month for the previous month's
gross receipts. The fee shall be paid to the City of Miami Beach
at 1700 Convention Center Drive, Miami Beach, Florida 33139,
Attention: Contract Administrator. Gold Star shall deliver a
statement of "gross receipts" for the previous month at the same
time as it delivers payment, which statement shall be under oath.
4. Where Cars May Be Parked. Gold Star shall park the cars
in the Southwest portions of the 1st or 2nd level of the two level
municipal parking garage located immediately South of TOPA, the
specific size of which portions shall be designated by the City
Manager, or at such other location as the City Manager shall
designate in writing, There shall not be any meter charge due
from Gold Star for utilizing the metered parking facilities.
5. Time, Time is of the essence in this Agreement.
6, Books and Records; Audit, Gold Star agrees to maintain
books and records of its gross receipts of the parking service,
which records shall include all nightly receipts, number of cars
handled per night, number of valet tickets distributed to
customers per night, and such other records as an independent
certified public accountant would need to examine in order to
certify a statement of gross receipts pursuant to generally
accepted auditing standards, City and its representatives,
including its Internal Auditor, shall have the right to examine
such records and accounts, upon three (3) days notice, at Gold
Star's place of business and during normal business hours. In the
event that, upon audit, the City determines that Gold Stars'
record keeping practices are not adequate to accurately reflect
the activity involved, the City Manager may require Gold Star to
take additional accounting measures, including but not limited to
additional point of sale record keeping. City shall have the
right to examine such records at any time wi thin one (1) year
following the termination of this Agreement, and Gold Star agrees
to maintain the records for that period,
7, Term. This agreement shall commence on the date of
execution hereof and shall end on the date of the last performance
at TOPA for the 1985-86 season,
8, Licenses. Gold Star shall obtain and maintain at all
times during the term hereof, at it sole cost and expense, any and
all necessary licenses and permits required by any governmental
body or agency having jurisdiction in connection with any
activities in the Licensed Spaces and the use by Gold Star of City
owned parking spaces and will abide by the terms and provisions of
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OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
any such licenses and permits.
9, Conduct of Valet Parking Service, Gold star shall
operate the Valet Parking Service in a first-class manner in
conformi ty wi th the highest standards of practice in the valet
parking industry, and shall conform to all rules and regulations
at any time promulgated by the City Manager, All personnel shall
be uniformed at all times,
10. Employment of Personnel, Gold Star shall employ
sufficient experienced and qualified personnel to operate the
Valet Parking Service and for the rendering of the services in
connection therewith, which personnel shall be neat, clean and
courteous. Such employees shall not be deemed or construed to be
employees, agents or contractors of the City.
11, Insurance, Gold Star, at its sole cost and expense,
shall procure and maintain, during the term of this Agreement, in
such amounts and such coverage as shall be reasonably satisfactory
to the City, personal injury and property damage liability
insurance, naming as insureds the City of Miami Beach and Gold
Star, which insurance shall cover Gold Star's Valet Parking
Service at TOPA and Gold Star's use of the Licensed Space, and use
of the municipal parking space, Gold Star, at its sole cost and
expense, shall procure and at all times maintain, all other
insurance, if any (including but not limited to workmen's
compensation insurance and disability benefit insurance) which is
required by any law or ordinance in connection with the provision
of Valet Parking Services as herein provided and the use of the
Licensed Space by Gold Star or as reasonably required by the
Citys' Risk Manager. Gold Star shall promptly furnish to the City
a certificate of insurance or other evidence of insurance
coverage, evidencing the aforementioned insurance pOlicies, and
shall, not less that fifteen (15) days before the last date upon
which payment of any of the premiums of such insurance may be
timely made, exhibit to the City proof of the payment of the said
premiums, The insurance policies shall provide that said policies
may not be cancelled without thirty (30) day prior written notice
to the City.
12, Condemnation, In the event that the Licensed Space at
TOPA is lawfully condemned or acquired by private purchase in lieu
of condemnation, or taken in any manner for any public or quasi-
public use or purpose, this Agreement as to the Licensed Space at
TOPA and the term hereby granted shall forthwith cease and
terminate as of the date of vesting of title (hereinafter referred
to as the "date of taking") and Gold Star shall have no claim
against the City for, or make any claim for the value of, any
unexpired term of this Agreement,
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OFFICE OF THE CITY ATTORNEY, 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139....
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13. Payment of Taxes, Gold star shall, at its sole expense
pay all sales taxes, payroll taxes and all other taxes which may
be levied or assessed by virtue of Gold Star's Valet Service and
the City shall have no responsibility in connection therewith,
14. Indemnification of the City, Gold Star hereby idemnifies
the City against, and agrees to defend and to save and hold the
City harmless from and against, any damage or liability arising
from any injury or damage or claim of injury or damage of any kind
whatsoever to persons or property occasioned in or about TOPA or
the municipal parking garage, or any other location, whether on or
off city property, dur ing the term hereof and due, directly or
indirectly, to the act or omission of Gold Star, its agents,
servants or employees, or arising out of any failure of Gold Star
in any respect to comply with any of the requirements or
provisions of law or of this agreement.
15, Events of Default.
(a) If Gold Star shall fail to pay the parking fee
when due or shall misrepresent any statement of "gross receipts"
then the City shall have the right to forthwith terminate this
Agreement without any opportunity to cure by Gold Star.
(b) There shall be an Event of Default by Gold
Star if Gold Star shall fail to perform or comply with any terms
or provisions hereof, other than failure to pay the fee when due
or misrepresentation of the "Gross receipts" and such failure
shall continue for more than ten (10) days after wr i tten notice
thereof from the City to Gold Star.
16, Remedies of City Upon Event of Default, If any Event of
Default other than failure to pay the fee when due or
misrepresentation of the "Gross receipts" shall occur which is not
cured within the time provided, in addition to all other remedies
provided by law, the City may terminate this Agreement.
Termination of this Agreement shall not terminate the obligation
of Gold Star to pay any sums due the City,
17, Agreement Not a Lease. It is agreed that this Agreement
is a license and not a lease, that no leasehold or tenancy is to
be created hereby, and that this Agreement shall not be construed
so as to create the relationship of landlord and tenant.
18, Representations and Warranties of Gold Star, Gold Star
represents and warrants to the City that Gold Star is a Florida
corporation duly organized, validly existing and in good standing
under the laws of Florida and has the full power and authority to
enter into this Agreement,
19. Waiver, A waiver by the City of performance by Gold Star
on any given occasion shall not constitute a waiver by the City of
performance by Gold Star on any subsequent occasion,
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OFFICE OF THE CITY ATTORNEY, 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
20, Notices. All notices, demands, requests for approvals,
or other communications which may be requr ied or desired to be
given by either party in writing shall be deemed given and
delivered when postmarked if delivered or tendered in person or
sent by registered or certified mail postage prepaid to the
address shown on the first page hereof. Either party may change
its address from time to time by notice in wr i ting to the other.
Notices delivered as above shall be deemed received by the
addressee whether or not delivery or tender of delivery is
accepted, or the addressee is located at or conducting business at
that address.
21, Complete Agreement, This Agreement contains
undertaking of the parties and may be amended only
executed by the party sought to be charged.
22. Attorneys' Fees. If suit is brought for the enforcement
of this Agreement, or any provision thereof, the prevailing party
shall be entitled to recover all costs including reasonable
attorneys' fees incurred in all trial and appellate courts, If
the City shall be made party to any action involving Gold Star or
the use of the Licensed Space by Gold Star, the Ci ty shall be
entitled to recover its costs, including reasonable attorneys'
fees, incurred in the defense of such action in all trial and
appellate courts,
the entire
in wr i ting
23. Binding Agreement and Assignment. This Valet parking
Agreement shall be binding on and inure to the benefit of the
parties, Gold Star shall not assign or transfer any of its rights
under this Agreement without the prior written consent of the City
Manager,
Executed by the parties on the day and year first above
written,
::~Y41l~J
GaLa ST"~ ;{~.
BY' V""'..~ ~
ARTHUR J, HULTZ, PRESIDENT
Attest:
By: fJ~,.d. )n~
CITY CLERK
PNB/lsc/12-27/
hJtlM APPHOVED
LEGAL DEPT.
B~?zs...-
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Date h./::J.7/.PJ'
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OFFICE OF THE CITY ATTORNEY ,1700 CONVENTION CENTER ORIVE, MIAMI BEACH, FLORIDA 33139