C7W - Negotiate Parking Garage Access Agreement

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH DEAUVILLE ASSOCIATES, LLC (OWNER) (1) A TEMPORARY PARKING MANAGEMENT AGREEMENT (INITIAL AGREEMENT), SAID INITIAL AGREEMENT TO COVER ALL OR A PORTION OF THE GARAGE LOCATED AT 6625 INDIAN CREEK DRIVE, MIAMI BEACH, FLORIDA (GARAGE PROPERTY), TO ENABLE THE CITY TO USE, ACCESS, AND/OR OPERATE THE PARKING SPACES TO BE MADE AVAILABLE BY THE OWNER FOR PUBLIC USE AT THE GARAGE PROPERTY (PUBLIC BENEFIT PARKING SPACES) IMMEDIATELY, FOR A PERIOD OF NOT LESS THAN 24 MONTHS (TEMPORARY PUBLIC PARKING PERIOD), AS CONTEMPLATED BY SECTION 5(B) OF THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE DEVELOPER, AS RECORDED IN THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA AT BOOK 34913, PAGE 4492 (DEVELOPMENT AGREEMENT), AND AS OTHERWISE AGREED BY THE CITY AND THE OWNER; AND (2) A PERMANENT PARKING MANAGEMENT AGREEMENT, LEASE AGREEMENT, LICENSE AGREEMENT, CONVEYANCE, AND/OR TEMPORARY USE AGREEMENT (PERMANENT AGREEMENT, AND TOGETHER WITH THE INITIAL AGREEMENT, THE AGREEMENTS), AS APPLICABLE, SAID PERMANENT AGREEMENT TO COVER ALL OR A PORTION OF THE GARAGE PROPERTY, TO ENABLE THE CITY TO USE, ACCESS, AND/OR OPERATE THE PUBLIC BENEFIT PARKING SPACES IN PERPETUITY FOLLOWING THE TEMPORARY PUBLIC PARKING PERIOD, AS CONTEMPLATED BY SECTION 5(B) OF THE DEVELOPMENT AGREEMENT, AND ADDITIONAL SPACES ON A TEMPORARY BASIS AS MAY OTHERWISE BE AGREED BY THE CITY AND THE OWNER; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY OF THE SAID AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.