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HomeMy WebLinkAboutR-80-0600e e.` RESOLUTION NO. 8 0- 6 0 0 • RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A REVISED PARKING AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI CENTER ASSOCIATES, LTD., (SUPERSEDING A JANUARY 28, 1980 AGREEMENT: PRESCRIBING OPERATING PRO- CEDURES, PARKING PRIORITIES, MONTHLY LEASING AND OTHER TERMS. WHEREAS, that certain agreement, dated April 1, 1977, between the University of Miami and the City, pertaining to the lease of space in the Convention Center for a conference center, grants to the University a priority to use certain parking spaces in the parking garage (the "Parking Garage") that is to be constructed by the City in conjunction with the Convention Center; and WHEREAS, the Lease and Agreement for Development, dated September 13, 1979, as amended by the First Supplement to said Lease and Agreement, dated as of July 1, 1980 (collectively, the "Hotel Lease"), between the City and Miami Center Associates, Ltd. (the "Developer") grants to the Developer priorities to certain parking spaces in the Parking Garage; and WHEREAS, pursuant to Resolution No. 80-20, adopted by the Commission on January 10, 1980, the City Manager executed, for and on behalf of the City, a parking agreement, dated January 28, 1980, with the Developer to implement and otherwise carry out the parking requirements in the Hotel Lease; and WHEREAS, the City and Dade Savings and Loan Association ("Dade") have entered into a lease agreement, dated as of July 1, 1980, (the "Dade Lease") providing, among other things, for the leasing of certain air space and other rights for the construction and operation of an office and trade center building, and the United States Department of Housing and Urban Development ("HUD") has, pursuant to an agreement with the City, made an urban development assistance grant ("UDAG") to facilitate the construction of such office and trade center building by Dade, and pursuant to the UDAG agreement, the capacity of the Park- ing Garage was enlarged to provide 500 additional parking spaces by reason of such office and trade center building; and "'DOCUMENT INDEX CITY COMMISSION ITEM N0. 38 MEETING OF "SUPPORTIVE J1L28 0 - 6 o NNUMN DOCUMENTS .......... .......... •�" .................. WHEREAS, it has been determined by the City that it is neces- sary, desirable and in the public interest and in conformity with such agreement with HUD to allocate 500 parking spaces in the Parking Garage for rental upon a monthly basis; and WHEREAS, the Developer has consented to a revision of the Parking Agreement to provide for the allocation of 500 parking spaces in the Parking Garage for rental upon a monthly basis; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Commission hereby finds and determines that the Parking Agreement presented to it for its approval, executed for and on behalf of the Developer, dated and effective as of July 1, 1980, is acceptable to and is approved by the Commission. Section 2. The City Manager is hereby authorized and directed to execute such Parking Agreement for and on behalf of the City and to deliver a counterpart of such fully executed Parking Agreement to the Developer and cause a counterpart thereof to be filed as part of the records of the City. Section 3. Said Parking Agreement dated January 28, 1980, executed for and on behalf of the City pursuant to Resolution No. 80-20 is hereby terminated. PASSED AND ADOPTED this 24th day of July , 1980. MAURICE A. FERRE MAURICE A. FERRE, M A Y O R ATTEST: RAL H ONGIE, CITY CLER PREPARED D APPROVED BY: •44 ASSISTANT CfTY ATTORNEY APPRO Q AS TO .FORM AND CORRECTNESS: / N, KNOX, JR., CITY ATTORNEY IIS, PPORT``."[' DOCUMENTS FOLLOW? So-600 7/23/80 PARKING AGREEMENT 1. PARTIES. The parties to this Parking Agreement are: 1.01 THE CITY OF MIAMI, FLORIDA, a Municipal corporation of the State of Florida (the "City"); and 1.02 MIAMI CENTER ASSOCIATES, LTD., a Florida limited partnership (the "Developer"). 2. SUBJECT MATTER. On September 13, 1979 the City and the Developer entered into a Lease and Agreement for Development, as amended, ("the Lease") providing, among other things, for development of the City of Miami/University of Miami James L. Knight International Center (the "Convention Center"), the Hotel and the Parking Garage. On April 1, 1977 the City entered into an agreement with the University of Miami (the "University Agreement") providing, among other things, for development of a Conference Center within the Convention Center and granting the University certain parking rights in the Parking Garage. With respect to the Parking Garage, the City has entered into an agreement with the U.S. Department of Housing and Urban Development for a grant and into a Lease Agreement, dated as of July 1, 1980, with Dade Savings and Loan Association. All of such agreements have a bearing upon the use of the parking spaces in the Parking Garage. In order to enhance the success of the Convention Center and to provide a procedure for operating the Parking Garage and Supplemental Parking Lots which is consistent with said agreements, the parties make and enter into this Agreement. 3. RESERVATION OF PARKING. For value received, the parties agree that the Parking Garage which shall contain not fewer than than 1,450 parking spaces and Supplemental Parking Lots which shall contain not fewer than 200 off-street parking spaces shall be operated in accordance with the following procedures: 3.01 The Developer or its Hotel manager shall have priority, granted under the Lease to reserve each day up to 24.9% of all the parking spaces in the Parking Garage, for use during such day by guests of the Hotel, by delivering a "SUPPORTIVE DOCUMENTS FOLLOW" so- C3oo written request therefor before 6:00 a.m. of such to the City's garage manager on or day. 3.02 The University shall have the priority, granted under the University Agreement to reserve each day up to 300 parking spaces in the Parking Garage, for use during such day by Conference Center registrants, by delivering a written request therefor to the City's garage manager on or before 6:00 a.m. of such day. 3.03 The University shall have priority granted under the University Agreement to reserve not more than 25 monthly tenancies for its administrative personnel. 3.04 The City shall make available for rental, on a monthly basis, 500 automobile parking spaces in the Parking Garage for use each weekday between 7:00 a.m. and 6:00 p.m. 3.05 The City covenants that it shall cause to be included in the schedule of rates, fees and charges for the use of, or services rendered by, the Parking Garage or in the rules and regulations for the operation of the Parking Garage: (i) provisions to comply with the Lease and the University Agreement with respect to priorities and charges for parking in the Parking Garage; (ii) subject to the parking priorities granted under the Lease and the University Agreement and monthly parking contracts pursuant to Sections 3.03 and 3.04, provisions to the effect that every Convention Center registrant shall have a priority to reserve each day a parking space during the convention or other event for which he or she shall have registered; (iii) provisions to the effect that said parking priorities to Convention Center registrants may be exercised directly by the respective Convention Center registrant or, on his behalf, by any hotel or motel at which he is a guest, through the submission of a written request therefor to the Convention Center manager, or, on such registant's behalf, by the Convention Center manager; and (iv) provisions that any such request for a priority for any Convention Center registrant shall be submitted by the Convention Center manager to the City's garage manager on or before 6:00 a.m. of each day during such convention or event. 3.06 Reserved parking and all other parking in the Parking Garage and Supplemental Parking Lots shall be billed and paid in conformity with the schedule of rates, fees and charges and the rules and regulations prescribed for the Convention Center Garage and off-street parking, as the case may be. 3.07 Parkinq spaces not reserved as provided in 3.01, 3.02, 3.03, 3.04, 3.05 or 3.09 shall be available on a first -come, first -served basis to the general public.liSUPPORTIVE -2- DOCUMENTS FOLLOW' J APPROVED AS TO FORM AND CORRECTNESS APPROVED AS TO CONTENT George F. Knox, Jr., James J. Connolly, Project Director Director, Convention Center -4- "SUPPORTIVE DOCUMENTS FOLLOW" le 3.08 The Parking Garage and Supplemental Parking Lots shall be open during at least such hours and days as may be necessary to accomplish the requirements of this Agreement. 3.09 The Developer or its Hotel manager shall have priority to reserve each day up to 200 of the parkin spaces in the lots described in Resolution 80-376 dated May 22, 1980 ("Supplemental Parking Lots"), for use during such day by guests of the Hotel, by delivering a written request therefor to the City's garage manager on or before 6:00 a.m. of such day. 4. BINDING EFFECT. 4.01 This Agreement shall be binding on the parties hereto and their respective successors and assigns for and during the term of the Lease, the provisions of which are expressly incorporated herein by reference, and the provision thereof with respect to amendment and termination shall apply to amendment and termination of this Parking Agreement. 4.02 This Agreement, for all purposes, shall be deemed an easement appurtenant to the Demised Premises as described in the Lease, shall run with the land for the term of the Lease, and shall be enforceable by specific performance in addition to any other remedies provided by law or by the Lease. 4.03 This Agreement supersedes that Parking Agreement between the parties executed January 28, 1980 pursu- ant to Resolution 80-20. Dated and effective as of the 1st day of July, 1.980. ATTEST: THE CITY OF MIAMI, FLORIDA (a Municipal corporation by the State of Florida) (Official Seal) ATTEST: "SUPPORTIVE Uu�:01 L_NTS FOLLOW" (Corporate Seal) City Manager MIAMT CENTER ASSOCIATES, LTD. a Florida limited partnership By: MIAMI CENTER ASSOCIATES, INC. as General Partner Secretary President -3- 45 TV 0t MIAM'. .':A ;A-7'?R-OFF:C"_Z 1 c.V1G iANO!JM Joseph R. Grassie City Manager ) Vincent E. ri , J"_ _-, 1, �1a istanti' i'kY14N ager ►' July 10, 1980 •II F Revised Parking Agreement - Conference Convention Center 2 In January of this year the Commission authorized the Manager to,' enter into a parking agreement with Miami Center Associates to implement the parking provisions of the Lease and Agreement between the City of Miami and Miami Center Associates. The Agreement authorized at that time specifically provided for the hotel and for the University but did not give the City control of the remaining spaces. The revised Agreement preserves the requirement for the Hotel and for the University, and in addition specifically provides that the City has the right to allocate 500 spaces in the parking garage for rental on a monthly basis as it determines is in the best public interest. Attached is a copy of the revised parking agreement to be dated effective July 1, 1980, to correspond to the dates of the other agreements, and a resolution authorizing you to execute the Agree- ment and superseding the Agreement of January, 1980. VEG/h cc: J. Guandolo J. Connolly City Attorney G. F. Knox Adrian Werner A "SUPPORTIVE DOCUMENTS FOLLOW" 80-600 7/09/80 PARKING AGEE'EMENT 1. PARTIES. The parties to this Parking Agreement are: 1.01 THE CITY OF MIAMI, FLORIDA, a Municipal corporation of the State of Florida (the "City"); 1.02 MIAMI CENTER ASSOCIATES, LTD., a Florida limited partnership (the "Developer"). 2. SUBJECT MAT"PI.R. On September 13, 1979 the City and the Developer entered into a Lease and Agreement for Development, as amended, ("the Lease") providing, among other things, for development of the City of Miami/University of Miami James L. Knight International Center (the "Convention Center"), the Hotel and the Parking Garage. On April 1, 1977 the City entered into an agreement with the University of Miami (the "University Agreement") providing, among other things, for development of a Conference Center within the Convention Center and granting the University certain parking rights in the Parking Garage. With respect to the Parking Garage, the City has entered into an agreement with the U.S. Department of Housing and Urban Development for a grant and into a Lease Agreement, dated as of July 1, 1980, with Dade Savings and Loan Association. All of such agreements have a bearing upon the use of the parking spaces in the Parking Garage. In order to enhance the success of the Convention Center and to provide a procedure for operating the Parking Garage which is consistent with said agreements, the parties make and enter into this Agreement. 3. RESERVATION OF PARKING. For value received, the parties agree that the Parking Garage which shall contain not fewer than 1,450 parking spaces shall• be operated in accordance with the following procedures: 3.01 'rho Developer or its Hotel manager shall have priority, granted under the Lease to reserve each day up to 24.9% of all the parking spaces in the Parking Garage, for use during such clay by guests of the hotel, by delivering a written request therefor to the City's garage manager on or before 6:00 a.m. of such day. 3.02 The University shall have the priority, granted under the University Agreement to reserve each day up "SUPPORTIVE DOCU NII ENTS s o- u o o to 300 parking spaces in the Parking Garage, for use during such day by Conference Center registrants, by delivering a written request therefor to the City's garage manager on or before 6:00 a.m. of such day. 3.03 The University shall have priority granted under the University Agreement to reserve not more than 25 monthly tenancies for its administrative personnel. 3.04 The City shall make available for rental, on a monthly basis, 500 automobile parking spaces in the Parking Garage for use each weekday between 7:00 a.m. and 6:00 p.m. 3.05 The City covenants that it shall cause to be included in the schedule of rates, fees and charges for the use of, or services rendered by, the Parking Garage or in the rules and regulations for the operation of the Parking Garage: (i) provisions to comply with the Lease and the University Agreement with respect to priorities and charges for parking in the Parking Garage; (ii) subject to the parking priorities granted under the Lease and the University Agreement and monthly parking contracts pursuant to Sections 3.03 and 3.04, provisions to the effect that every Convention Center r(-Iistrant shalt have a priority to reserve each day a parking -�L,ace during the convention or other event for which he or she shall have registered; (iii) provisions to the effect that said parking priorities to Convention Center registrants may be exercised directly by the respective Convention Center registrant or, on his behalf, by any hotel or mote]. at which he is a guest, through the submission of a written request therefor to the Convention Canter manager, or, on such re(iistrant's behalf, by the Convention Center manager; and (iv) provisions that any such request for a priority for any Convention Center registrant shall be submitted by the Convention Center manager to the City's garage manager on or before 6:00 a.m. of each day during such convention or event. 3.06 Reserved parking and all other parking in the Parking Garage shall he billed and paid in conformity with the schedule of rates, fees and charges and the rules and regulations prescribed for the Convention Center Garage. 3.07 Parking spaces not reserved as provided in 3.01, 3.02, 3.03, 3.04 or 3.05 shall be available on a first -come, first -served basis to the general public. 3.08 The Parking Garage shell he open (luring at least such hours and days as may be necessary to accomplish the requirements of the Agreement. -2- «Suppo TIVE paCU M ENS F 0 LLOW so -soo h 4. BINDING EFFECT. 4.01. This Agreement shall be binding on the parties hereto and their respective successors and assigns for and during the term of the Lease, the provisions of which are expressly incorporated herein by reference, and the provision thereof with respect to amendment and termination shall apply to amendment and termination of this Parking Agreement. 4.02 This Agreement may be enforced by specific performance in addition to any other remedies provided by law or by the Lease. 4.03 This Agreement supersedes that Parking Agreement between the parties executed January 28, 1980 pursu- ant to Resolution 80-20. Dated and effective as of the 1st day of July, 1980. ATTEST: (Official Seal) ATTEST: (Corporate Seal) Secretary APPROW'D AS TO FORM AND CORRECTNESS l"T George F. Knox, Jr., Director THE CITY OF MIAMI, FLORIDA (a Municipal corporation by the State of Florida) City Manager MIAMI CENTER ASSOCIATES, LTD. a Florida limited partnership By: MIAMI CEwri.,R ASSUCIATES, INC. as General Partner President APPROVED AS TO CONTENT James J. Connolly, Project Director, Convention Center -3- 1 r