HomeMy WebLinkAboutR-2017-033 Authorizes First Amendment to License Agreement Dated 11/24/15 Between the City and Park N' Go of Fort Lauderdale Relating to the Usage & Rate Concerning Parking Spaces in the City Garage RESOLUTION NO. 2017-033
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A FIRST AMENDMENT TO A LICENSE AGREEMENT DATED
NOVEMBER 24, 2015 EXISTING BETWEEN THE CITY AND PARK N' GO
OF FORT LAUDERDALE, LLC, RELATING TO THE NUMBER OF
PARKING SPACES PERMITTED TO BE USED BY THE COMPANY FOR
PARKING IN THE CITY GARAGE AND INCREASING THE RATE PER
PARKING SPACE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That the City Commission authorizes the proper City officials to execute a
First Amendment to the existing License Agreement between the City and Park N' Go of Fort
Lauderdale, LLC, which will reduce the number of licensed spaces from two hundred (200)
spaces to twenty five (25) spaces during the period of May 1 st through October 31 st each year of
the term and retain the two hundred (200) space commitment for the balance of the year; further,
the rate per parking space will increase from forty five dollars ($45.00)per space to a rate of fifty
five dollars ($55.00) per space throughout the entire year for all spaces; a copy of the First
Amendment to the License Agreement is attached as Exhibit "A", and it is made a part of and is
incorporated into this Resolution by this reference.
Section 2. That the City Manager and City Attorney are authorized to make revisions
to such Amendment as are deemed necessary and proper and in the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in full force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED on April 25, 2017.
ATTEST:
o�PRp'S Fl�l�f
T
- rLOUISE STILSON, M AMARA JAM
CITY CLERK , AYOR
APPROVED AS TO FORM AND CORREC n� 1
THOMAS J. AN RO
CITY ATTO Y
2 RESOLUTION#2017-033
EXHIBIT "A"
FIRST AMENDMENT TO LICENSE AGREEMENT
THIS IS A FIRST AMENDMENT TO A LICENSE AGREEMENT ("First Amendment")
entered into on , 2017 between the City of Dania Beach, Florida, a
Florida municipality("City") and Park N' Go of Fort Lauderdale, LLC, a Florida limited liability
company("Licensee"), located at 1101 Eller Drive, Fort Lauderdale, Florida 33316.
WHEREAS, City and Licensee entered into a License Agreement for use of City parking
spaces, which Agreement is dated November 24, 2015 ("License Agreement"),pursuant to which
Licensee uses two hundred (200) parking spaces of the upper levels of the City parking garage
("Garage") located at City Hall, 100 W. Dania Beach Boulevard, Dania Beach, Florida, 33004,
excluding spaces numbered below#200 (the "Spaces"); and
WHEREAS, Licensee wishes to amend the License Agreement to provide for a reduction
of parking spaces leased during the period of May 1st to October 31" of each year of the
Agreement and City is agreeable to the reduction, subject and pursuant to the terms set forth in
this First Amendment;
NOW THEREFORE, in consideration of the foregoing and for other good and valuable
consideration,the receipt and adequacy of which are acknowledged and agreed upon, City and
Licensee agree as follows:
1. Recitals. The recitals set forth above are true and correct and they are
incorporated into this document by this reference.
2. Reduction in Parking Spaces. Despite any provisions to the contrary in the
License Agreement, during the period of May 1 st through October 31 st of each year of the term of
this Agreement, the City shall license to Licensee a reduced number of parking spaces, that is,
Twenty Five (25) in total, at the rate of Fifty Five Dollars ($55.00) each, for a total Base Use Fee
of One Thousand Three Hundred Seventy Five Dollars ($1,375.00) per month. For the
remainder of each year, that is, November 1st through April 30th of any year, the number of
parking spaces leased shall remain unchanged from the original License Agreement, i.e., two
hundred (200) spaces; however, the increased new rate will be Fifty Five Dollars ($55.00) per
space for all spaces at all times.
3. No Other Modifications. Except as modified in this document, the License
Agreement remains unchanged and is in full force and effect and City and Licensee ratify and
affirm same. Any conflict between the terms of the License Agreement and this First
Amendment shall be resolved in favor of this First Amendment.
4. Defined Terms. All capitalized terms not defined shall have the meaning
ascribed to them in the License Agreement.
5. Counterparts. This First Amendment may be executed in multiple identical
counterparts and when taken together shall constitute one and the same instrument.
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IN WITNESS OF THE FOREGOING, the parties have executed this First Amendment
as of the day and year first above written.
CITY:
CITY OF DANIA BEACH, FLORIDA, a
Florida municipal corporation
ATTEST:
LOUISE STILSON, CMC TAMARA JAMES
CITY CLERK MAYOR
APPROVED FOR FORM AND
CORRECTNESS: ROBERT BALDWIN
CITY MANAGER
THOMAS J. ANSBRO
CITY ATTORNEY
4 RESOLUTION#2017-033
LICENSEE:
PARK N' GO OF FORT
LAUDERDALE, LLC, a Florida
WITNESS: limited liability Company,
By:
Signature
PRINT Name PRINT Name
Signature
TITLE
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE me on 2017, personally appeared
, as of Park N' Go of Fort Lauderdale, LLC, a
Florida limited liability company, on behalf of the company, who acknowledged execution of the
foregoing Agreement for the use and purposes mentioned in it, and that the instrument is the act
and deed of the Licensee. Such person is personally known to me or produced
as identification.
NOTARY PUBLIC
State of Florida
My Commission Expires:
5 RESOLUTION 42017-033