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Home My WebLink AboutR-89-10329/22/89 RESOLUTION NO. 89-032 A RE130L10TI0N, WITH ATTACHMENT, APPROVING THE EXECUTION OF AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORK, TO THE EXISTING AGREEMENT BETWEEN THE DEPARTMENT OF OFF-STREET PARKING AND C. P. T0WER, LTD. , DATED CULY 21, 1988, THEREBY APPROVING A FEE FOR 20 RESERVED PARKING SPACES IN MUNICIPAL GARAGE N0. 4, AS PROVIDED FOR UNDER SAID EXISTING AGREEMENT, -- AND APPROVING THE PHYSICAL CHANGES IN SAID GARAGE REQUIRED TO ACCOMMODATE SUCH RESERVED PARKING SPACES. WHEREAS, the Department of Off -Street Parking of the City of Miami, (the "Department"), was duly acting in its oapaoity as Manager of Munioipal Garage No. 4, pursuant to the terms of a Management Agreement between the Department and the City of Miami (the "City"), dated Maroh 16, 1982, (the "Management Agreement"), _ when the Department entered into the Tower Parking Agreement dated July 21, 1986 (the "Parking Agreement") with C. P. Tower, Ltd.; and — WHEREAS, pursuant to the terms of the Parking Agreement, the Department was required to provide up to 20 spaoss for the ;i. - exolusive use of persons designated by C. P. Tower, Ltd.; and WHEREAS, the Department and C. P. Tower, Ltd. now wish to execute an agreement (the "Amending Agreement"), amending the Parking Agreement to approve a fee to be oharged by the Department for the 20 reserved spsoes on the basis of one and one -hall (1-1/2) times the rate oharged to C. P. Tower, Ltd. for the non -reserved spaces ourrently available to it pursuant to the t Parking Agreement; and WHEREAS, the Amending Agreement must also be approved by the r f City Commission of the City of Miami sine it involves physical f h• changes in the garage and rate ohanges whioh are subjeot to W< x Comm seion approval pursuant to the terMS of the Management w Agreement; " CITY COUM501VA _ Ik'T P.N. TACHMENT5 NOVI. . A"%NTAINI tv C }a�' err NO, ., r ! i' NOW, TUMPORN, SN IT RIMMED BY THE COMMISSION OF T112 GITy OF MIAMI, FLORIDA Seotion 1. The reoitals and findings oontained in the Preamble to this Resolution are hereby adopted by referenoe r thereto and inoorporated herein as if fully set forth in this s Seotion. Seotion 2. The Amending Agreement, in substantially the form attached, to the existing Parking Agreement between the Department of Off -Street Parking and C. P. Tower, Ltd., dated July 21, 1986, to approve a fee for 20 reserved parking spaces in Municipal. Parking Garage No. 4 provided for under said existing Parking Agreement, is hereby approved, together with the physioal ohanges in said Garage required to a000mmodate such reserved parking spaces. Seotion 3. It is hereby found that the terms of the herein Amending Agreement are in the best interest of the City and said Amending Agreement together with the implementing physioal ohanges to Munioipal Garage No. 4 are hereby ratified and approved. tST ATWL RM. t �'sey .M 3i Y u. F Sew 41, ., _ AXENDINC AGISA ENT _TO _TOYER-PARXINa MIRE - NT - _ - THIS ANENDINQ AOREEXXXT i8 made and entered into the — day of 1080 between THE DEPARTMENT OF OFF-STREET -. PARKING OF THE CITY OF M AMI ("DOSP"), having an office at 100 Northeast Third Street, Miami, Florido, and C. P. TOWER LTD,. a Florida limited partnership ("C. P. Tower"), having an office at 101 East Hagler Street, Miami, Florida. WHEREAS, DOSP and C. P. Tower entered into a parking Agreement on July 81, 1986 (the "Tower Parking Agreement"); and - WHEREAS, DOSP and C. P. Tower wish to amend the terms of the Tower Parking Agreement in the manner herein set forth; NOW, THEREFORE, in oonsideration of the covenants and - - agreements set forth in the Tower Parking Agreement and of other good and valuable consideration, the parties hereto agree ae - - follows: I. Paragraph 8 of the Tower Parking Agreement is deleted — in its entirety and replaoed by the following Languages 08. DOSP aholl reserve up to twenty (20) parking. — spaces for the exclusive use of persons designated by C. P. Tower on a twenty-four (24) hour basis ("Reserved Spaces"). The fees for the use of the Reserved Spaces shall be equal to one and one-half (1-1/2) times the - rate charged to C. P. Tower for the Allocated Spaces, - plus any taxes imposed upon the use of the Allocated _. - Spaces as set forth in Paragraphs 8 and 6 herein (the "Reserved Space Fee"). The parties hereto agree that the Reserved Space Fee shall be retroactive to which is the date on which the _. Reserved Spaces were reserved by DOSP for C. P. Tower (the "Reservation Date"). The Reserved Space Fee shell - baaQme a=feQtve and be paid by C. P. Tower to D40F 'i fame she Reaervatsoa Date until the terminption of this Agreement and $,a the some manner as the Monthly Fee is a { paid pursuant to Paragraph a hereof. C. P. Tower ey a — _ <..P 3'#'f,. -✓+.r. ., m_ .,,..-. .. c. .,.ca.a ...Y . � L.f%iM3 .3�`�� '4; ( . ea - t { hereby ag►reee to ad e`uataly maintain and aaoure the R696rved Spaces to the satisfaction of DoSP and to obtain liability insurance for the Reserved gpaoes which. it DOSP's sole judgment, will be sufficient to adequately insure the Reserved Spaces. The parties �— hereto agree that DOSP shall have no obligation to police or maintain the Reserved Spaces. C. V. Tower i hereby agrees to provide DOSP with a method of sooeesing the Reserved Spaoee which DOSP may use to provide access to emergency vehicles, if necessary, and for any other reasonable purpose," a• It in the intention and understanding Of the parties .hereto that all other provisions of the Tower Parking Agreement shall continue in full force and effect, except that any provision of the Tower Parking Agreement that may be in conflict with the provisioner of this Amending Agreement shall be superseded by the provisions AP this Amending Agreement and shall be deemed to be Auil and void as of the date hereof. IN W'TNESS WHEREOF, the parties hereto have caused this Amending Agreement to be executed as of the date first above written. - Witnesses C. P. TOWER LTD.. a Florida limited partnership By: CENTRUST REALTY AND CONSTAVOTION COMPANY. a Florida corporation, its general partner, By: Joel D. mare. President Witnesses: DEPARTMENT OF OFF-STREET PARKING r OF TUB CITY OF MIAMI Zf By: John J. Nulvena, 8xe0utive Direotor - APPROVED AS TO FORM AND CORRRCTN888: x� Norge ,. perx aEudaa _ City Attorney z, j • „y"s . ,c 3w_ .a r aQ+S✓^f ..a,tar ;.7>, : f a Y' _ i CA=2'1 TO: The Honorable Mayor and DATE: October 20, 1989 Members of the City Commission FROM: John J on SUBJECT: Resolution Amending Agreement to "Ok Execut a Dirac or.-- the C.P. Tower Parking Agreement Department of Off -Street arking for Inclusion on the November 16, 1989 City Commission Agenda The Department of Off -Street Parking of the City of Miami is duly acting in its capacity as Manager of Municipal Garage No. 4, pursuant to the terms of a,_ Management Agreement between the Department and the City of Miami dated March 189 1986 with C.P. Tower Ltd. and pursuant to the terms of the Parking - Agreements the Departmentwas required to provide up to 20 spaces for the exclusive use of persons designated by C.P. Tower, Ltd. The Department and C.P. Tower, Ltd. now wish to execute an agreement amending . the Parking Agreement to approve a fee to be charged by the Department for the 20 reserved spaces on the basis of one and one-half (1 1/2) times the rate charged to C.P. Tower, Ltd. for the non -reserved spaces currently available to it pursuant to the Parking Agreement. The Amending Agreement must also be approved by the City Commission of the City ' of- : Miami since it involves physical changes in the garage and rate Changes which are subject to Commission approval pursuant to the temps of -the . Management Agreement.