HomeMy WebLinkAboutR-82-0312q.
RESOLUTION NO 8 2 — :3 12
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
.,XECUTE AN AGREEMENT, SUBJECT TO THE CITY
ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS,
WITH THE DEPARTMENT OF OFF-STREET PARKING, FOR
THE OPERATION OF AN INTERIM PUBLIC PARKING
FACILITY AT THE CITY OF MIAMI OLD FLORIDA EAST
COAST RAILWAY SITE, WITH FUNDS THEREFOR ALLOCATED
IN THE AMOUNT OF $35,000 PROVIDED FROM REVENUE
COLLECTED FROM FEES CHARGED FOR BOAT DOCKAGE AT
THE OLD FLORIDA EAST COAST RAILWAY SITE.
WHEREAS, the City Commission has found and determined that
there is a critical parking shortage in the downtown area of the
City; and
WHEREAS, the City of Miami desires to make additional park-
ing available to the public in downtown Miami; and
WHEREAS, there is presently a section of unimproved land
located at Northeast Sixth and Northeast Eighth Streets immedi-
ately East of Biscayne Boulevard and West of Biscayne Bay which
can be used as an interim public parking facility; and
WHEREAS, the estimated $300,000 construction cost for the
approximately 600 interim parking space facility shall be pro-
vided by a $35,000 contribution from the City of Miami from
revenue collected by fees charged for boat dockage at the old
Florida East Coast Railway Site and a $265,000 contribution by
the Department of Off -Street Parking from its own sources;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement, subject to the City Attorney's approval
as to form and correctness, with the Department of Off -Street
Parking, for the operation of an Interim Public Parking Facility
at the City of Miami old Florida East Coast Railway site with
funds therefor hereby allocated in the amount of $35,000 pro-
vided from revenue collected from fees charged for boat dockage
at the old Florida East Coast Railway site.
PASSED AND ADOPTED this 1st day of April , 1982.
%�
L G G. NGIE, CITY CLERK'!
Maurice A. Ferre
M A Y O R
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PREPARED AND APPROVED BY:
,e"4,f L
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEORG . KNOX, JR.
CITY j TORNEY
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082-312
24
..T. !I�p-'t -- ,
Howard V. Gary
City Manager
Jim Reid
Assistant City Manager y-`w
March 26, 1982
Resolution Authorizing Execution
of a Management Agreement for an
Interim Parking Facility
It is recommended that the City Manager
be authorized to enter into an agreement,
Su..' anti.ally in the form attached hereto,
with the Department of Off -Street Parking
for the operation of an interim public
Barking facility at the City of Miami
old Florida East Coast Railway site.
The attached resolution grants the
requested authorization.
The need for additional parking in Downtown Miami has been well
documented. Execution of the aforementioned agreement will es-
tablish the legal framework to undertake the construction of an
initial interim parking facility with approximately six hundred
(600) park ni g spaces. The parking site will be located between
14. E. 6th Street and N. E. 8th Street immediately east of Biscayne
Boulevard and west of Biscayne Bay.
Total construction cost of the facility is estimated to be $300,000,
with $265,000 of this amount to be provided by the Department of
Off -Street Parking. The City of Miami shall reimburse the Depart-
ment of Off -Street Parking for the remaining $35,000 within thirty
(30) days after completion of the 600 space facility. This $35,000
would be paid from boat dockage fees charged at the Florida East
Coast Railway site. Approximately $41,000 has already been received
by the City of Miami from this source. The agreement is for a three
year period with two, one year renewals.
The preliminary estimate for financial performance of the facility
reflects that the first three years will demonstrate a loss of
approximately $90,000 including capital costs. However, if the
facility operates the entire five years, it is estimated that all
capital and operational costs will be recovered resulting in a
breakeven operation.
82-312
Page 2
The Public Works Department is currently designing the facility
and preparing bid specifications. We intend to hold a pre -bid
conference in mid -April, 1982 and receive bids by the end of
April.
Net revenue generated by user fees and any other services rendered
by the Department of Off -Street Parking in the operation of the
parking facility, shall be shared between the City of Miami and
the Department of Off -Street Parking as follows:
- The Department of Off -Street - Parking shall
be reimbursed by the City of Miami for all
construction costs, plus 13% interest com-
pounded per year, plus operational expenses
incurred during the term of the agreement.
The Department of Off -Street Parking's claim
on net revenues for purposes of reimbursement
shall be the first claim on net revenues and
shall supersede the City's claim.
- If prior to the end of this agreement, all
Department of Off -Street Parking capital and
operational costs have been paid, then the
City of Miami shall be entitled to all net
revenues until such time as the net revenues
shall total $300,000 (the estimated land rental
value), plus 13% interest compounded annually
from the initial date of operation, plus a 70
Public Works design fee.
- Remaining net revenues, after payments of the
above mentioned claims, shall be shared equally
by the City of Miami and the Department of Off -
Street Parking.
The attached agreement was presented to the Off -Street Parking Board
at their March 24, 1982 meeting and was unanimously approved.
t. 82-312
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CITY OF MIAMI. FLORIDA
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190 N E. THIRD STREET MIAMI. FLORIDA 33132
TELEPHONE 579-6789
ROGER M. CARLTON. DIRECTOR
March 24, 1982
Mr. Jim Reid
Assistant City Manager
City of Miami
P.O. Box 330708
Miami, Florida 33133
Dear Jim:
OFF-STRE3RX PARKING aOAR0
tV C'.
MITCHELL WOLGSo':-_CHAIRMAN
MARX o.:CAUTHEN_'-
ARNOLO RUIN _
DIANNE SMITH
CN-
H. G o R o ,-V Y L L I Erb
C.n
Pursuant to our meeting of March 23, 1982, the first draft of the Manage-
ment Agreement for the Interim Parking Facility has been revised as follows:
1) The language requested by the City Attorney to emphasize
the interim nature of the project and to mandate the
interim standards for construction included in Ordinance
No. 9076 has been included.
2) The City of Miami will receive essentially a "Second Lien"
on the revenues after the Department is compensated for its
capital investment at 13 percent interest plus operating
costs. The "Second Lien" for the City has been established
at $300,000 plus 13 percent interest.
3) Should both the Department and the City be reimbursed for
their investments, any additional net revenues will be shared
equally.
4) Don Cather's request for a seven percent design fee has been
accommodated. The fee would be reimbursed following reimburse-
ment to the Department for capital and operational costs.
82 -31 2
Mr. Jim Reid
Page two
March 24, 1982
The Management Agreement was presented to the Off -Street Parking Board at
their March 24, 1982 meeting and was unanimously approved. We look forward
to rapid implementation of this project.
Sincerely,
Roger M. Carlton
Director
Department of Off -Street Parking
cc: Don Cather
Terry Percy
Jack Eads
82-12
f
NJ04AGEMENT AGREEMENT FOR OPERATION OF AN
INTERIM PUBLIC PARKING FACILITY AT
THE CITY OF MIAMI OLD FLORIDA EAST COAST
RAILWAY SITE, MIAMI, FLORIDA
BETWEEN THE CITY OF MIAMI, FLORIDA, AND
THE DEPARTMENT OF OFF-STREET PARKING
THIS MANAGEMENT AGREEMENT, hereinafter referred to as "Agreement, Of
made and entered into as of the
day of
1982, by
and between the CITY OF MIAMI, FLORIDA, hereinafter referred to as the "City,"
and the DEPARTMENT OF OFF-STREET PARKING, hereinafter referred to as the "Operator."
W I T N E S S E T H:
NOW, THEREFORE, for and in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
ARTICLE 1
Term
1.01 This Agreement is for a term of three (3) years commencing
, 198 , and terminating
, 198 , and may be
extended for two successive one (1) year terms unless terminated prior thereto
by mutual agreement of the parties.
ARTICLE 2
Facility and Operations
2;01 (A) The City hereby makes available to the Operator for management
and operation the site for an interim Public Parking Facility, which presently
consists of unimproved land (hereinafter referred to at the site located between
NE Sixth and NE Eighth streets immediately East of Biscayne Boulevard and West of
Biscayne Bay, upon terms and conditions hereinafter set forth.
(B) The site is set forth in Exhibits
made a part hereof.
, attached hereto and
(C) The City reserves the right, at any time it deems necessary, to
lawfully alter or change the Facility or the parking rates so long as the
Cperator shall have been requested to comment upon the proposed alterations
at least thirty (30) days before the change is implemented and so long as the
proposed rates are in compliance with the provisions of the trust indentures
governing the existing debt of the Operator and not inconsistent with applicable
law.
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2.02 The Operatur, pursuant to the terns of this hareenent, shall tons tru,t,
manaat•, operate, direct, and supervise the use of the Facility. Tht Operator, pursuant
to the terms of this Agreement, shall employ all on -site personnel required to
fulfill its responsibilities hereunder.
ARTICLE 3
Gross Revenues and Reports
3.01 "Gross Revenues" shall mean all moneys, paid or payable to the
Operator for parking related transactions made and for services rendered by the
Operator in the operation of the Facility regardless of when or where the services
are rendered, whether paid or unpaid, whether on a cash or preauthorized credit
basis, however, any taxes imposed by law directly paid by the Operator or the
City to a taxing authority, discounts and allowances as provided by procedures
accepted and approved by the Operator, shall be excluded therefrom. Moneys
payable shall include, but shall not be limited to, any and all cashier shortages,
overages, and undercharges. Dishonored checks and uncollectible credit card charges
shall not be included in Gross Revenues, provided that such check and credit card
transactions were processed utilizing sound business procedures.
3.02 As soon as practical, but no later than the next banking day
following receipt of any Gross Rever.jes hereunder, the Operator shall deposit
said Gross Revenues in its normal banking account. The Operator shall obtain
insurance in an amount satisfactory to the office of Risk Management of the
City of Miami covering loss of deposits until such time as the depository bank
certifies receipt of same. Evidence of such insurance shall be furnished to
the City. All procedures hereunder shall be subject to be revised upon changes
in the Charter or Code of the City of Miami.
3.03. The Operator shall have available for City inspection reports in
such form as the City shall from time to time require. Such reports shall
include, by not be limited to, the following:
(1) Daily report of Gross Revenues, car count and
physical inventory, and ticket reconciliation.
(2) Weekly activity and Gross Revenues summaries,
to be reconciled to daily reports.
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(3) Monthly activity and Gross Revenues su.m.naries and
certifications, to be reconciled to daily and weekly
reports.
(4) The City may require the Operator to obtain, annually, or
at such other frequencies as it shall reasonably determine,
an examination made in accordance with generally accepted
auditing standards and management letters prepared and
attested to by an independent certified public accountant,
licensed in the -State of Florida, acceptable to the City
as to Gross Revenues or expenses arising from operations
under this Agreement, prepared in with the American
Institute of Certified Public Accountants' requirements for
"Special Reports," or as otherwise directed by the Depart-
ment. The cost of such reports shall be included as
reimbursable costs.
(Items 1-3 are to be signed by prepar•er and countersigned by the
Department Director.)
3.04 Weekly reports, which shall cover Monday through Sunday, shall
similarly be available to the Finance Department of the City on Wednesday
following the reporting period. Monthly reports must be available by the 20th
calendar day of the month following the reporting period, while annual reports
are due within ninety(90) calendar days following the close of the reporting
period.
3.05 (A) The External Auditing Firms of the Operator and the City
shall*.be permitted to audit, examine, review and copy all records relating to
operations under this Agreement, during normal working hours at the Administrative
offices of the Operator, 190 NE Third Street, Miami, Florida, during the term of
i
this Agreement and within five (5) years after the date of the termination of
this Agreement.
(B) The Operator shall maintain, during the term of this Agreement,
all books of account and records of Gross Revenues and expenditures, in conform-
ance with generally accepted accounting principles and to the satisfaction of
the Department of Internal Audit.
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82-312
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(C) All source records of Gross Revenues, which shall include, but not
be limited to: Parking Tickets, Cash Register Tapes, Shift Reports, Master
Reports, Daily Revenue Reports, and the like, shall be kept at all times within
Dade County. These records shall be maintained by the Operator for a period of
at least five (5) years following the close of the fiscal year.
(D) The Operator shall make available, at the Operator's Administrative
offices, to the City upon five (5) days written notice from the City's Auditors,
any original documents and records pertaining_ to the operation of the facility
not required specifically by the terms of this Agreement.
3.06 Annually, on a date to be mutually agreed to by the Operator and
the City, the Operator shall submit to the City an annual budget, hereinafter
referred to as "Budget", on a form(s) prepared or approved by the City, listing
all anticipated costs, including types, quantities and estimated costs, required
by the subsequent fiscal year as defined by State law. The costs of Bonds and
Insurance, specifically required by this Agreement, and any expense for
deductible loss sustained by the Operator where such insurance policy includes
a deductible limit shall be included as costs. The City shall approve or
disapprove all or portions of the categories of expenses or individual items
contained in the Budget. Expenses and categories of expenses approved by the
City, including capital expenditures necessitated by the provisions of the
Agreement as set forth in the Budget approved by the City, shall be reimbursed
to the Operator by the City. The Department agrees to a maximum operational cost
budget of $50,000 for Fiscal Year 82-83 and commits to hold requested increases to
15 percent or less in subsequent fiscal years unless the City shall have requested
an expansion in the scope of operations at which time the 15 percent limitation
may be exceeded in proportion to the requested expansion.
3.07 All reports, Expense Invoices and the like, required by this
Agreement shall be submitted to the following address, unless such address has
been changed in writing by the City.
City of Miami
Finance Director
P. 0. Box 330708
Miami, Florida 33133
WE
mo82-3X2
i
KIN 401�
ARTICLE 4
E x.c)enses
4.01 Expenses: The Operator shall include as eligible under the expenses
of operation of the facility: Salary & Wages, Fringe Benefits including Social
Security, group insurance, retirement costs, etc. including overtime, vacation,
sick time, accrued vacation and sick time earnings; all utility costs including
but not limited to electricity, water and gas if any; communications costs; all
contractual maintenance cost including air conditioners, and property and land-
scaped areas; security guards; parking consultant services; and material and
supply costs; insurance including liability, workmen's compensation and others;
repair and replacement costs including equipment and others; all computer operations
costs allocable to the facility; uniforms; signs; capital costs; legal fees directly
related to this facility involving third parties; auditing costs; and losses of
equipment from theft. Other expenses not enumerated my be reimbursable if prior
approval is obtained by the City Manager.
ARTICLE 5
Design and Construction
Cost and Bid Process
5.01 Design Cost: The City of Miami Department of Public Works shall be
responsible for all design services including design drawings and preparation of
bid documents. The initial interim facility will include approximately 600 parking
spaces. The final plans and specifications shall be subject to review by the
,� Department of Off -Street Parking prior to advertisement for bids. The City shall
receive as compensation for design seven percent of audited construction costs.
This reimbursement will be made following recovery of all capital and operational
costs to the Department.
5.02 Construction Cost: The City of Miami shall reimburse the Department
of Off -Street Parking $35,000 within 30 days after completion of the 600 space
facility. The Department of Off -Street Parking will finance from its own sources
the balance of the construction cost estimated to be $265,000. The construction shall
be to the standards included in City of Miami Ordinance No. 9076 which governs the
construction standards for interim parking facilities.
5.03 Bid Process: The Department of Off -Street Parking will be responsible
for seeking and evaluating construction bids. The Department will award the bids
and be responsible for construction inspections.
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5.04 Should the City and the Operator be unable to resolve any dispute
i
arising from the provisions of Article 5, an arbitration panel shall be established.
The panel shall consist of the City Manager, the Director of the Operator and a
third member mutually agreeable to both parties. The determination of the
arbitration panel shall be non -binding, but must be rendered and accepted or
rejected by the parties prior to initiation of legal action arising from the
provisions of Article 5.
ARTICLE 6
General Provisions
6.01 Except as may otherwise be specifically authorized in writing, the
Operator shall charge all users of the Facilities the fees or rates for such use
established by the City pursuant to its internal procedures. If the Operator
charges any amount in excess of the established rates, the amount by which the
charge differs from the established rate shall constitute an overcharge, which
shall be refunded to the customer, if possible. If not refunded, the overcharge
shall be included in Gross Revenues. If the Operator or its employees charge
any amount which is less than the established rates, the amount by which the
amount charged differs from the established rate shall constitute an undercharge
and an amount equal thereto shall be excluded by the Operator from Gross Revenues.
6.02 None of the officers, agents, or employees of the Operator shall
be deemed to be employees of the City for any purpose(s) whatsoever. No partner-
ship or joint venture relationship between the City and the Operator is created
or intended by this Agreement.
6.03 In the event of any injury to any person or loss or damage to any
property in the interim parking facility, the Operator shall within 24 hours
notify the City and promptly furnish copies of reports in connection therewith.
6.04 The City reserves the right to call upon the Operator for specialized
parking facility consulting services and advice with regard to the operation of the
Facilities. In such event, the expenses and costs shall be considered reimbursable
if submitted prior to incurring said expenses and approved by the City Manager.
6.05 The term "Revenue Control System," as used herein, shall refer to
any mechanical or electronic equipment provided by the Department to control and
and record entrances and exits from the interim parking facility, including but
not limited to, loop detectors, treadles, gate arms, ticket dispensers, cash
registers, fee indicators, and the like.
In
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6.06 (A) All r!iiploycus of the Operator at the F ac i 1 i ty shall be paid a: i th
ranges established in the Budget approved by the City.
(B) All prospective employees of the Operator at the interim parking
facility, shall be examined by a licensed polygraph examiner, to determine the
accuracy of their employment application and integrity and shall be periodically
(at least once every twelve (12) months) re-examined by the polygraph expert to
determine honesty in the receipt and handling of cash, the payment of expenses
and in the preparation of required reports. This shall be included as a
reimbursable expense.
ARTICLE 7
Compliance with All Laws
7.01 The Operator and the City notwithstanding anything to the contrary
herein, shall comply with all laws, ordinances, regulations and rules of the
Federal, State, County and City Government, which may be applicable to its
operation under this Agreement.
ARTICLE 8
Duties and Obligations
of Operator
8.01 Maintenance: (A) The Operator shall be responsible for the proper
maintenance, repair and upkeep of the Revenue Control System. The Operator shall
be responsible for the striping and re -striping of the interim parking facility
as approved, in advance, by the City. Routine preventative maintenance shall be
performed at hours of low traffic flow, when possible.
(B) The Operator shall be responsible for keeping the interim parking
facility including the parking areas, the entrance and exit areas, exit toll
booths, and the office of the Operator in a neat and clean condition at all
times.
8.02 Personnel: (A) The Operator shall properly uniform all its
personnel so as to present a neat, clean and professional appearance at all times.
(B) The Operator shall ensure at all times that the names of on -duty
cashier personnel are so placed in or on the exit booths as to be readily visible
and readable by drivers of exiting vehicles, while stopped at such exit booths.
(C) The Operator shall ensure that all employees are able to communicate
in spoken English.
ARTICLE 9
Alteration of Facilities
and Erection of Signs
9.01 The Operator shall not alter the Facilities in any way whatsoever,
erect any signs nor permit any advertising of any nature withour prior written
approval from the City.
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ARTICLE 10
n _ - J
10.01 The Operator shall provide a Blanket Position Fidelity Bond in
an amount not less than $5,000.00 for each employee, with Surety meeting the
qualifications set forth in Article 13.04 responsible for the handling of
daily Gross Revenues shall be $50,000.00. The form of such Bond(s) shall be
subject to the approval of the Finance Director of the City. S ch Bond(s)
shall remain in effect for the entire term of the Agreement.
ARTICLE 11
Damage or Destruction to Facilities
11.01 If the interim parking facility is rendered unfit or unusable for
the use and purpose for which this Agreement is granted, without fault on the part
of the Operator, its employees, agents or independent contractors, either party
shall have the option upon thirty (30) days notice in writing to abate this
Agreement. In the event the City is responsible for the interim parking facility
being rendered unfit or unusuable, then the Operator in no way waives his right
for liability for damages against the City.
ARTICLE 12
Assignment
12.01 This Agreement shall not be assigned, transferred, pledged or
otherwise encumbered.
ARTICLE 13
Insurance, Indemnification
and Hold Harmless
13.01 Operator shall indemnify and save the City harmless from any and
all claims, liability, losses and causes of actions for bodily injury and/or
property damage caused by the Operator under this Agreement. The Operator shall
pay all claims and losses of any nature whatsoever in connection therewith, and
shall defend all suits, in the name of the City when applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney fees, which may
issue thereon.
13.02 The Operator shall maintain the following insurance during the
term of this Agreement.
(A) Comprehensive General Liability in limits not less than 55,000,000
per occurrence for Bodily Injury and Property Damage.
110
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(E) Garage Liability in same limits as "A" above,
Insurance Hazard 1.
including Auto^obi le
(C) Garagekeepers Legal Liability with limits not less than S1,400,000
per occurrence. This policy shall be endorsed to name the City as additional
insured.
(D) Theft Coverage covering employee fidelity, inside or outside loss
and burglary with a limit of not less than $25,000 per occurrence.
(E) Worker's Compensation as required by Florida Statutes, Chapter 440.
13.03 The Insurance coverage required shall include those classifications
as listed in Standard Liability Insurance Manuals, which most nearly reflect the
operations of the Operator.
13.04 All insurance policies and Surety Bonds required herein shall be
issued in companies authorized to do business under the laws of the State of
Florida, with the following qualifications as to management and financial
strength:
The company must be no less than "A" as to general
policyholder's rating and no less than Class " V as to
financial rating, in accordance with the latest edition
of Best's Key Rating Guide, published by A. M. Best Company, Inc.
13.05 The Operator shall furnish Certificates of Insurance with the City
named as additional insured for the coverages specified by the City prior to the
commencement of operations hereunder and throughout the term of this Agreement,
which certificates shall clearly indicate that the operator has obtained insurance
in the type, amount and classification as required for strict compliance with
this Article, and that no material change or cancellation of the Insurance shall
be effective without thirty (30) days prior written notice to the City.
13.06 Operator shall furnish certificates evidencing renewal or re-
placement of required insurance coverages, thirty (30) days prior to expiration
or cancellation. The City reserves the right to reasonably amend the insurance
requirements.
ARTICLE 14
Non -Discrimination
14.01 Operator shall not discriminate against any employee or applicant
for employment to be employed in the performance of this Agreement with respect
to age, sex or physical handicaps (except where based on a bonafide occupational
qualification), or because of race, color, religion, national origin or ancestry.
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14.02 Operator, for himself, his personal representatives and successors
in interest, as a part of the consideration hereof, does hereby covenant and aarc•e
that (1) no person on the grounds of race, color, sex or national origin shall be
excluded from participation in the Facility, denied the benefits of the Facility,
or be subjected to discrimination in the use of said Facilities, (2) and, that in
the furnishing of services herein, no person on the ground of race, color, sex
or national origin shall be excluded from participation in the Facility, denied
the benefits of the Facility or otherwise be subjected to discrimination.
ARTICLE 15
Vacating at Termination
and Provisions for Sharing
of Net Revenues
15.01 The Operating shall surrender up and deliver the Facilities to
the City at the termination of this Agreement, and shall remove all of its
personal property forthwith. Any personal property of the Operator not removed
in accordance with this Article shall be removed by the City and stored at the
cost of the Operator. Failure on the part of Operator to remove or reclaim its
personal property within thirty (30) days from the date of termination shall
constitute a gratuious transfer of title thereof to the City for whatever
disposition is deemed to be in the best interest of the City.
15.02 At termination of this Agreement, the City shall take inventory
jointly with Operator and shall assume responsibility for all vehicles then
parked in the interim parking facility so vacated by the Operator.
15.03 If at the end of this Agreement all audited capital costs and
operational expenses have not been recovered by the Department of Off -Street
Parking, the City of Miami shall be responsible for reimbursement to the
Department of an amount necessary to equal the total of all construction costs
plus 13 percent interest compounded per year plus operational expenses incurred
during the term of this agreement less the $35,000 included in Section 5.02.
The Department's claim on net revenues for purposes of reimbursement shall be
the first claim on net revenues and shall supercede the City's claim.
0
15.04 If prior to the end of this Agreement, all Department capital
and operational costs have been recovered by the Department, then the City
shall be entitled to all net revenues (gross revenues less expenses approved
in the budget) until such time as the net revenues shall total $300,000 (the
estimated land rental value) plus 13 percent interest compounded annually from
the initial date of operation plus design fee as defined in Section 5.01.
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4 �'
15.05 If prior to the end of this Agreement, the Department shall have
recovered its investment as defined in Section 15.03 any; the City shall have
recovered its investment as defined in Section 15.04, remaining net revenues
shall be shared equally by the City and the Department.
ARTICLE 16
Notices
16.01 All notices permitted or required by this Agreement shall be
in writing and when mail delivery is required such noties shall be sent by
registered or certified mail.
To the City: City Manager
City of Miami
P.O.Box 330703
Miami, Florida 33133
To the Operator: Director
Department of Off -Street Parking
190 NE 3rd Street
Miami, Florida 33132
ARTICLE 17
Successor Clause
17.01 The terms and conditions of this agreement shall be binding upon,
inure to the benefit of, and be enforceable by the respective successors or
assigns of
ARTICLE 18
Cost of Litigation
18.01 in the event of litigation between the parties hereto, the cost
of such litigation, including attorneys fees, shall be borne by the .losing party.
ARTICLE 19
Alteration of Agreement
19.01 No provisions of this agreement may be changed, waived, discharged,
or terminated orally, but only in writing signed by all parties hereto.
IMP 82-312
A \ :, .T I C LE 20
Severability
20.01 In the event that any portions of this Agreement shall be hcic'
to be invalid for any reason, such invalidity shall not effect the rcmainina
portions of this agreement and the same shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their appropriate officials, as of the date first above
written.
PREPARED AND APPROVED BY:
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. KNOX, JR. CITY ATTORN—LY
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CITY OF MIAMI, FLORIDA
A Municipal Corporation in the
State of Florida
By:
City Manager
Attest:
RALPH G. ONG IE , CITY CLERK
SEAL
OPERATOR
DEPARTMENT OF OFF-STREET PARK114G
of the City of Miami, Florida
By:
Attest:
Director
Secretary