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95-21780 Reso • RESOLUTION NO. 95-21780 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PARKING AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CITY NATIONAL BANK, FOR THE USE OF UP TO TWENTY-SIX(26) PARKING SPACES IN THE CITY-OWNED GARAGE LOCATED AT 42ND STREET AND SHERIDAN AVENUE; FURTHER AUTHORIZING A WAIVER OF THE ADVERTISED PUBLIC BIDDING PROCESS AND OF AN INDEPENDENT APPRAISAL OF THE FAIR MARKET RENTAL VALUE OF THE PROPERTY,AS PROVIDED BY ORDINANCE NO. 92-2783. WHEREAS,the City owns and maintains a public parking garage located at 42nd Street and Sheridan Avenue, Miami Beach, Florida(the Garage); and WHEREAS, the Bank has received approval from the Design Review Board for a new drive-thru facility at the northeast corner of 41st Street and Royal Palm Avenue, subject to being obligated to provide 50%of their required parking within 1200 feet of the site (Site); and WHEREAS, the Bank has requested to enter into the attached Parking Agreement with the City to provide all or part of the required parking spaces for its proposed expansion to include the Site, with the Bank being granted the use of up to twenty-six(26) parking spaces in the Garage, in consideration of payment per space utilized;for an initial additional investment of up to$50,000.00, to be used by the City for the purchase and installation of a Revenue Control System(System) for the Garage;and the cost of re-striping the Garage so that at least an additional twenty-six(26)spaces can be created herein; and WHEREAS, it is requested that the Mayor and City Commission waive,by a 5/7 vote,the additional requirements under Ordinance No. 92-2783, requiring an advertised public bidding process pursuant to the sale and/or lease of City property, and an independent appraisal of the fair market or rental value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1. The Mayor and the City Commission approve the attached Parking Agreement and the Mayor and City Clerk are herein authorized to execute the Agreement. • 2. The Mayor and City Commission further waive, by a 5/7 vote, the requirements under Ordinance 92-2783 calling for an advertised public bidding process prior to the proposed transaction as well as an independent appraisal of the fair market rental value of the proposed property. PASSED and ADOPTED this 11th day of Octob- 995. 1 IIIMI _ O OR ATTEST: N \R0 ( -ts)' a CITY CLERK C:\WPWIN601WPDOCS\RESOLUTNTITYNATLEXE FORM APPROVED LEG L DEPT • By .. Date __._Z// • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. i GC,-95 TO: Mayor Seymour Gelber and Members of the City Commission DATE: October 11, 1995 FROM: Jose Garcia-Pedrosa City Manager J1/ SUBJECT: A RESOLUTIO F THE MAYOR AND CITY COMMISSION OF THE CITY OF M • BEACH AUTHORIZING AN AGREEMENT BETWEEN CITY NATIONAL BANK AND THE CITY OF MIAMI BEACH FOR THE LEASE OF TWENTY SIX(26)PARKING SPACES IN THE MUNICIPAL PARKING GARAGE LOCATED AT 42ND STREET AND SHERIDAN AVENUE. RECOMMENDATION: The Administration recommends that the Commission approve the proposed parking agreement between City National Bank and the City of Miami Beach. BACKGROUND: City National Bank plans to build a drive-through facility on the northeast corner of 41st Street and Royal Palm Avenue. Parking for the branch cannot be accommodated due to the limited size of the property. In lieu of paying parking impact fees, City National has approached the City to develop an agreement whereby parking spaces for the bank would be available at the municipal parking garage on 42nd Street and Sheridan Avenue. In return for the use of 26 spaces at the garage, City National has proposed to pay for re-striping of the garage's first two levels (this is required to accommodate the additional spaces). In addition,the bank would assume the cost of purchasing and installing a revenue control system at the facility. The City would own, maintain,and staff the revenue control equipment. Under this agreement,the bank would lease the 26 spaces from the City at$1.00 per day on a five day per week basis. The Administration considers the proposed terms of the agreement beneficial to both parties. The present condition and utilization of the garage calls for refurbishing and the implementation \Continued... AGENDA ITEM ( .3.r- DATE i0—1 �--lS • • MAYOR AND COMMISSION PAGE TWO OCTOBER 11, 1995 of a state-of-the-art revenue control/cashiering operation. The provisions presented by City National Bank facilitate these objectives while meeting their parking requirements. ANALYSIS: The $50,000 from City National Bank will cover the cost of installing the revenue control equipment and the re-striping work Lease revenue to the City for the 26 spaces will amount to $6,240 annually. The $1.00 per day rate on which this revenue is based represents a significant discount from the projected $5.00 per day parking fee at that facility (after refurbishing and installation of the revenue control system). CONCLUSION: The Administration concludes that the agreement proposed will be beneficial for the City as well as City National Bank,and should therefore be approved. JGP:FD:FJR:fjr PARKING AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CITY NATIONAL BANK OF FLORIDA THIS AGREEMENT made the 11th day of July , 1996 between the CITY OF MIAMI BEACH, a Municipal Corporation of the State of Florida (City) , and CITY NATIONAL BANK, a National banking corporation having its office at 25 West Flagler Street, Suite 5 , Miami , Florida 33130 (Bank) . WITNESSETH WHEREAS, the City owns and maintains a public parking garage located at 42nd Street and Sheridan Avenue, Miami Beach, Florida (the Garage) ; and WHEREAS, the Bank has received approval from the Design Review Board for a new drive-thru facility at the northeast corner of 41st Street and Royal Palm Avenue, subject to being obligated to provide 50% of their required parking within 1200 feet of the site (Site) ; and WHEREAS, the Bank has requested to enter into a parking agreement with the City to provide all or part of the required parking spaces for its proposed expansion off-Site, with the Bank being granted the use of up to twenty-six ( 26) parking spaces in the Garage, in consideration of a market rate payment, per space utilized, to be paid monthly; for an initial additional investment of up to $50 ,000 , to be used by the City for the purchase and installation of a Revenue Control System (System) for the Garage; and the cost of re-striping the Garage so that at least an additional twenty-six ( 26) spaces can be created herein. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Bank covenant and agree as follows: 1 . The City hereby grants to the Bank, and the Bank hereby accepts from the City, permission to use up to twenty-six ( 26) parking spaces in the City-owned Garage, in conformance with the purposes and for the period stated herein, and subject to all the terms and conditions herein. 2 . RENT. Bank shall pay to the City a Base License Rate per parking space actually used, said rate to be the fair market rate being charged for spaces in the Garage. The City may, at its discretion, adjust the Total Rate at the end of each year that this Agreement is in full force and effect (including all renewal terms as provided herein) but only to the extent that said Total Rate, or any increases therein, are based upon the comparable fair market value of the spaces, as defined above. 3 . The location in the Garage of the parking spaces which are the subject of this Parking Agreement, and the rules and regulations pertaining to such parking spaces, shall be as determined by the city. The City shall not specifically designate the aforestated spaces within the Garage, but shall use its best efforts to assure that the Bank has use of up to twenty six ( 26) parking spaces, through either a permit or decal system, or as may otherwise be determined by the City's Parking Department. 4 . TERM. The initial term of this Parking Agreement shall be for ( 10) years from the date of execution of this Agreement; provided, that the Agreement is in good standing and that the Bank has complied with all terms and conditions of this Agreement, it shall be extended for one (1 ) additional ten (10) year renewal term. The Bank shall notify the City of its plans to exercise its option for renewal at least ninety (90) days prior to the expiration of the initial ten ( 10) year term. At the sole discretion of the City, this Agreement may also be extended for a second additional ten ( 10) year renewal term, provided that the bank shall request this extension from the City at least ninety (90) days prior to the expiration of the first renewal term, and that the Agreement is in good standing. 5. ADDITIONAL RENT. In addition to the Total Rate set forth in Paragraph 2, the Bank also agrees, to pay for the purchase and installation of a Revenue Control System for the Garage, in an amount not to exceed $50 , 000 . 00 . Bank also agrees, at its sole cost and expense, to re-stripe the existing parking spaces within the Garage, so that at least twenty-six ( 26) additional parking spaces are created and therefore assuring that the public's continued use of the currently existing number of spaces within the Garage shall in no way be deminimized. 6 . NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a co-partnership between the City and the Bank or to constitute the Bank as an agent of the City. 7. MAINTENANCE. The City agrees to furnish to the Bank the designated spaces in the Garage. The City agrees to provide such designated spaces in their "as is" condition and to perform necessary maintenance on the Garage, as is customary with maintenance performed by the City at all other comparable City- owned garages . 8. NON-EXCLUSIVE FOR SPECIAL EVENTS. The City herein reserves the right to use the designated parking spaces in the - 2 - Garage during special events , as may be approved by the City Manager. Further, the City agrees to provide the Bank with advance notice of any special event and to coordinate with the Bank regarding same. 9 . ASSIGNMENT: SUBLET. The Bank may not sublet, assign, or otherwise transfer this Agreement, or any part thereof , without obtaining the prior written consent of the City, which consent shall not be unreasonably withheld. 10 . USE OF THE GARAGE IS PRIMARY. The Garage is for the use of the public and the public's right to such use shall not be infringed upon by any activity of the Bank, other than the privileges expressly granted by the City to Bank herein. 11. PERMITS; LICENSES; TAXES. The Bank shall be solely responsible for payment of any and all necessary permits, licenses and taxes that may be levied as a result of its use of the Garage under this Agreement. In addition, the Bank shall comply with all rules, regulations and laws of the City of Miami Beach, Dade County, the State of Florida, or the U.S. government now in force or hereafter to be adopted. 12. DEFAULT IN PAYMENT. Payment of the Total Rate and any other fees due must be submitted to the City within thirty ( 30) days after they are billed. In the event the Bank fails to pay this consideration within five (5) days of such due date, there shall be a late charge of $50 .00 for such late payment, in addition to interest at the rate of 18 percent ( 18%) or the highest rate allowable by law, whichever is greater. If the payment and accumulated daily penalties are not received within fifteen ( 15) days after the normal monthly payment due date ( i .e. , the first day of each month) then the City, at its option, may terminate this Agreement. 13 . FORCE MAJEURE. If closure of the Garage is due to fire damage, flood, civil disorder, Acts of God, etc. , the City may, at its sole option, terminate this Agreement. 14 . COOPERATION. The Bank agrees to cooperate with the City in the conduct of surveys , to provide reports of visitor contacts, and to respond to department inquiries about public usage of the Garage (to the best of its knowledge) . 15 . INSPECTION. The Bank acknowledges that the Garage may be inspected at any time by authorized representatives of the City or by any other State, County, or municipal officer or agency having responsibilities for such inspections. 16. WAIVER OF INTERFERENCE. The Bank hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the use of its designated spaces in the - 3 - Garage, as set forth herein, by any public agency or official in enforcing their duties or any laws or ordinances and any such interference shall not relieve the Bank from any obligation hereunder. 17 . WAIVER OF LOSS FROM HAZARDS. The Bank hereby expressly waives all claims for loss or damage sustained by the Bank as a result of its use of the designated spaces in the Garage, as set forth herein, from fire, water, tornado, hurricane, civil commotion or riot; and the Bank hereby expressly waives all rights, claims , and demands and forever releases and discharges the City of Miami Beach, Florida, from all demands, claims, actions and causes of action arising from any of the aforesaid causes. 18 . NO IMPROPER USE. The Bank will not use, nor suffer or permit any person to use, in any manner whatsoever, its assigned spaces for any improper, immoral or offensive purpose, or for any purpose in violation of any Federal , State, County, or municipal ordinance, rule, order, or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. The Bank will protect, indemnify, and forever save and keep harmless the City, its agents, officers, and employees , and individual members thereof and their agents, from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Bank or any employee, person or occupant. In the event of any violation by the Bank, or if the City or its authorized representative shall deem any conduct on the part of the Bank, as related to its respective obligations under this Agreement only, to be objectionable or improper, the City shall have the right to terminate this Agreement should the Bank fail to correct any such violation, conduct, or practice, to the satisfaction of the City within twenty-four ( 24 ) hours after receiving notice of the nature and extent of such violation, conduct, or practice. 19 . DEFAULT AND TERMINATION. If the Bank fails to comply with any of the terms and conditions hereof except for non-payment of rent which is separately treated in Paragraph 13 hereof , and such default is not cured within fifteen ( 15) days after written notice is given to Bank, the City shall have the right to immediately terminate this Agreement and revoke the privilege of the Bank to use the Garage for the purposes stated herein. Continued occupancy of the Garage after termination of the privilege shall constitute trespass by the Bank, and may be prosecuted as such. In addition, the Bank shall pay to the City one hundred dollars ($100) per day as liquidated damages for such trespass and holding over. At its option, the City may also pursue any and all legal remedies available to seek redress for such default. - 4 - 20 . PRIVILEGE. It is the intent of the City, and it is acknowledged by the Bank, that this Agreement shall not, as against the City, vest any right in the Bank, and shall be deemed only the grant of a privilege to the Bank to carry out the terms of this Agreement on property of the City so long as such Agreement or privilege shall be in force. 21. NO DISCRIMINATION. The Bank agrees that there shall be no discrimination as to race, sex, color, creed, sexual orientation, or national origin in the privilege conferred unto Bank by this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the designated spaces in the Garage by Bank. 22 . CITY CONTROLS GARAGE. Nothing in this Agreement will preclude the City from using the Garage for public and/or civic purposes as deemed necessary. 23 . FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the law of the State of Florida. 24 . LIMITATION OF LIABILITY. The City desires to enter into this Agreement 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 Agreement, so that its liability for any such breach of contract be limited to a maximum of $5 ,000 . Accordingly, and notwithstanding any other term or condition of this Agreement, the Bank hereby agrees that the City shall not be liable to the Bank for damages in an amount in excess of $5 , 000 , for any action or claim for breach of contract arising out of the performance or non-performance of any obligation imposed upon 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 the City's liability as set forth in Florida Statutes, Section 768 . 28 . 25. ZONING AND OTHER DEVELOPMENT APPROVALS. The parties acknowledge that as a condition precedent for approval of this Agreement, the Bank has secured (as may be referenced herein) or shall secure all final non-applicable zoning approvals and actions required by the City of Miami Beach, including Planning Board Conditional Use approval , Design Review Board approval and, if necessary, Board of Adjustment approval . If such approvals and actions are appealed, then the Bank shall be responsible for the payment of its attorneys' fees and costs. In the event that the Bank is unable to secure any and all such final approvals within six (6) months from execution of this Agreement ( including appeal time) , than this Agreement shall automatically terminate and the parties hereto shall have no further responsibilities hereunder nor any liability to each other. - 5 - IN WITNESS WHEREOF, the parties hereby have caused their names to be signed and their seals to be affixed; all as of the day and year first above written. ATTEST: CITY OF AMI BEACH A I / Rojøzktk 41.4 BY: CITY C MAYO' ATTEST: CITY NATIONAL ANK OF FLORIDA BY: Exsc, JI<PRESIDENT (tbRPORATE SEAL) FORM AP F I' , LEGAL DE Date G- L H:\LIBRARY\40594\M\AGREE2.NEW - 6 -