HomeMy Public PortalAbout13-8667 MOU Opa-locka Methodist Church Inc for Temporary Parking Sponsored by: City Manager
RESOLUTION NO. 13-8667
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE
CITY MANAGER TO NEGOTIATE AND EXECUTE A
MEMORANDUM OF UNDERSTANDING (MOU) WITH
OPA-LOCKA UNITED METHODIST CHURCH INC.,FOR
TEMPORARY PARKING, PAYABLE FROM ACCOUNT
NUMBER 19-519440;PROVIDING FOR INCORPORATION
OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,United Methodist Church,Inc("Church")is the owner of that certain parcel of
land and improvements described on Exhibit"A",described as 600 Sharar Avenue, Opa-locka,FL
33309 as attached hereto and made a part hereof(the "Parking Area") ; and
WHEREAS, the City of Opa-locka ("City") owns that certain parcel of land and
improvements described on Exhibit`B",attached hereto and made a part hereof("Sherbondy Park");
and
WHEREAS, the City desires temporary parking for newly constructed Sherbondy Park
facility, currently in use with Opa-locka United Methodist Church; and
WHEREAS, the City seeks to establish and finalize a long-term temporary parking
agreement with Opa-locka United Methodist Church; and
WHEREAS,the City Commission of Opa-locka desire the City Manager to negotiate and
execute an MOU with Opa-locka United Methodist Church for long-term temporary parking.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 13-8667
Section 2. The City Commission of the City of Opa-locka,Florida,hereby authorizes the
City Manager to negotiate and execute a MOU with Opa-locka United Methodist Church Inc., for
temporary parking, payable from Account Number 19-51944, in substantially the form attached
hereto, and authorizes the City Manager to execute all necessary documentation which may be
required.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 13th day of August, 2013.
jai A.
e ' • /AYLOR
MAYOR
Attest to: Approved as to form and legal sufficiency:
Q 1 /I
at
Sha'mecca
Lawson Jo d ' eller
Deputy Clerk G' EN.POON MARDER, PA
•ity A I rney
Moved by: COMMISSIONER JOHNSON
Seconded by: VICE MAYOR KELLEY
Commission Vote: 3-2
Commissioner Holmes: NO
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: NO
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City of Opa-Locka
Agenda Cover Memo
Commission Item Type: Resolution Ordinance Other
Meeting Date: August 13, 2013 (EnterX in X
box)
Ordinance Reading: Est
2nd Reading
Yes No (EnterX in box) Reading
Fiscal Impact: X
Public Hearing: Yes No Yes No
X (EnterX in box) X X
Funding Source: Advertising Requirement: Yes No
N/A (19-519440) (EnterX in box) X
Contract/P.O. Yes No
Required: X RFP/RFQ/Bid #: N/A
(Enter X in box)
Yes No Strategic Plan Priority Area: Strategic Plan
Obj./Strategy:
Strategic Plan Enhance Organizational El
Related Bus. & Economic Dev - N/A
(EnterX in box) X Public Safety El
Quality of Education LI
Qual. of Life & City Image
Communcation LI
Sponsor Name City Manager Department: Community Development
Short Title:
A Resolution of the City Commission authorizing the City Manager to negotiate and execute a memorandum of understanding for
temporary parking with Opa-locka United Methodist Church
Staff Summary
Over the past few years, city staff has discussed a temporary parking solution for the newly constructed Sherbondy Park facility
which is currently in use with Opa-locka United Methodist Church.
Temporary Parking Agreement-Opa-locka United Methodist Church
The City on November 14, 2012 entered into a temporary parking agreement for one-day with Opa-locka United Methodist Church
for the benefit of the grand opening ceremony for Sherbondy Park which took place on November 15, 2012. Since that time, there
has been no formal agreement. This request seeks to finalize a long-term temporary parking agreement with Opa-locka United
Methodist Church.
There have been several discussions over the past few years regarding the use of the church's parking lot for Sherbondy Park
between the church and city staff. A temporary parking solution is necessary between Opa-locka United Methodist Church and
the City of Opa-locka. Users of the park have been parking on the church's property without the permission of the church and at
times without the city's permission.
Staff recommends the City Manager be authorized to negotiate and execute a memorandum of understanding for temporary
parking with Opa-locka United Methodist Church.
1
Draft- Memorandum of Understanding
Resolution
Temporary Parking Agreement-Opa-locka United Methodist Church 2
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Memorandum
TO: Myra L. Taylor, Mayor
Joseph L. Kelley, Vice Mayor
Timothy Holmes, Commissioner
Dorothy Johnson, Commissioner
Luis B. Santiago, Commissioner
FROM: Kelvin L. Baker, Sr., City Manager tC rv■
DATE: August 8, 2013 6.01 `Kcc.>:e-`., L 154424 ,&1 f11c�µcup
RE: Temporary Parking Agreement with Opa-locka United Methodist Church
Request
A Resolution of the City Commission authorizing the City Manager to negotiate and execute a
memorandum of understanding for temporary parking with Opa-locka United Methodist Church
Background
Over the past few years, city staff has discussed a temporary parking solution for the newly constructed
Sherbondy Park facility which is currently in use with Opa-locka United Methodist Church.
The City on November 14, 2012 entered into a temporary parking agreement for one-day with Opa-locka
United Methodist Church for the benefit of the grand opening ceremony for Sherbondy Park which took
place on November 15, 2012. Since that time, there has been no formal agreement. This request seeks to
finalize a long-term temporary parking agreement with Opa-locka United Methodist Church.
Description
There have been several discussions over the past few years regarding the use of the church's parking lot
for Sherbondy Park between the church and city staff. A temporary parking solution is necessary between
Opa-locka United Methodist Church and the City of Opa-locka. Users of the park have been parking on the
church's property without the permission of the church and at times without the city's permission.
Financial Impact
The funding of this action would be paid from Account No. 19-519440.
1 Page
Implementation Time Line:
Immediately
Legislative History:
None
Staff Recommendation:
Staff recommends the City Manager be authorized to negotiate and execute a memorandum of
understanding for temporary parking with Opa-locka United Methodist Church.
Attachment(s)
Draft-Memorandum of Understanding
Resolution
Prepared By: Howard Brown, Jr., AICP, Community Development Director
Temporary Parking Agreement-Opa-locka United Methodist Church 2
MEMORANDUM OF UNDERSTANDING (MOU)
between
Opa-locka United Methodist Church Inc., and The City of Opa-locka, Florida
TEMPORARY PARKING AGREEMENT
THIS PARKING (the "Agreement") is made and entered into as of the day of
, 2013, by and between the City of Opa-locka, a Florida municipal
corporation, ("City") and Opa-locka United Methodist Church Inc., Florida, non-profit
corporation ("Church").
WITNESSETH:
WHEREAS,Church is the owner of that certain parcel of land and improvements described
on Exhibit "A", more particularly described as 600 Sharar Avenue, Opa-locka, FL 33054 as
attached hereto and made a part hereof(the "Parking Area") ;
WHEREAS, the City owns that certain parcel of land and improvements described on
Exhibit "B", attached hereto and made a part hereof("Sherbondy Park"); and
WHEREAS,the Church desires to grant to City the right to utilize,on a non exclusive basis,
the Parking area for for special events the City may have; and
WHEREAS, in exchange for utilizing the Parking Area,the City shall pay to the Church a
sum of$500.00 (Five Hundred Dollars) per month, in order to accommodate parking for special
events held by the City. Additionally the City shall make a one-time payment of$1000 to the
Church.
NOW, THEREFORE, in consideration of the mutual promises contained herein and for
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto hereby agree as follows:
1. Parking Right. Church hereby grants to City and its respective guests, invitees,
employees, invitees, licensees and permittees, the non exclusive temporary right to utilize the
Parking Area for the purpose of vehicular parking and vehicular ingress and egress related thereto
in order to accommodate special events held by the City.
2. Fees and Conditions. In exchange for Church granting City the right to park, City
agrees to pay Church the sum of$500(Five Hundred Dollars)per month,payable on the 1st of each
month, effective August 1, 2013, plus a $1,000 (One Thousand Dollar) one-time payment. City
agrees to have City personnel visit the Church Parking Area after each City function to pick up any
litter which may have been left by users during City events. City shall provide Church a monthly list
of functions for which the City shall require the use of the Church Parking Area. This list may be
supplemented by City as necessary. A "City function" shall be defined not only as functions
Page 2
sponsored by the City,but shall also include functions where the City rents out property,the function
is approved by the City, and the City has City Staff present.
3. Duration of Parking and Cross Access Agreement. This Parking Agreement shall
automatically terminate one (1) year from date of execution, unless otherwise agreed. The City
shall have the right to terminate the Parking Agreement on 30 days notice. If the City does terminate
the Parking Agreement, no portion of the one-time payment shall be refunded to the City.
4. Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida.Venue for any dispute arising out of this Agreement
shall be in Miami-Dade County, Florida.
5. Attorneys' Fees.The prevailing party in any litigation involving this Agreement shall
be entitled to recover from the non-prevailing party all reasonable attorneys' fees,paralegal fees and
costs incurred in connection with such litigation, at arbitration, or appeal or otherwise, including
reasonable attorneys' fees and paralegal fees in the enforcement of any indemnity hereunder. The
owners of the parcels herein described shall only be liable for any violation of this Agreement during
their respective periods of ownership,and in the event any action is brought for recovery of monetary
damages for any breach hereof,the claimant shall look solely to the interest of the then owner of the
parcel in breach for the recovery of such monetary damages.
6. Mutual Drafting.Both City and Church shall have their respective attorney's review
this document prior to signing, and therefore the documents shall be considered to be Mutually
Drafted, without drafting being attributed to either party.
7. Indemnity. The City hereby agrees, to the extent permitted by law, to indemnify,
protect, save, defend and hold harmless, the Church from and against all liabilities, obligations,
claims, damages, judgments, awards, penalties, costs and expenses, which the Church incurs,
suffers or sustains, or for which the City is obligated or liable by reason of the use of the Parking
Area by the City's guests, invitees, licensees, and permitees. Additionally, City agrees to add the
Church Parking Lot to City's insurance policy, only for the duration of City events and any other
usage. City shall provide Church with evidence of such insurance coverage.
8. Notices. All notices and demands hereunder shall be in writing and be served by
personal service or by mailing a copy thereof, by certified mail, postage prepaid, return receipt
requested,to the parties at the addresses set forth on the first page of this Agreement. The addresses
to which notices shall be delivered may be changed from time to time by notice served as herein
provided.
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first
above written.
[SIGNATURES BEGIN ON NEXT PAGE]
Page 3
CITY OF OPA-LOCKA
CITY OF OPA-LOCKA FLORIDA, a
Florida municipal corporation
ATTEST: By:
Joanna Flores Kelvin L. Baker, Sr.
City Clerk City Manager
Dated: day of , 2013
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Joseph S. Geller
City Attorney
Page 4
WITNESSES:
OPA LOCKA UNITED METHODIST
(Witness Signature) CHURCH, Inc., a Florida non profit
Print Name: company
(Witness Signature) By:
Print Name: Print Name:
Its:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of ,
2013, by , as of OPA-LOCKA UNITED METHODIST
CHURCH, INC,a Florida non profit company, on behalf of the company. She/He is [select one:]
( ) personally known to me;
or
( ) produced a driver's license as identification
Notary Public - (Signature)
Print Name:
My Commission Expires:
Page 5
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