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<br />CITY OF SUNNY ISLES BEACH <br />NON-EXCLUSIVE PARKING LICENSE AGREEMENT <br /> <br />This Non-Exclusive Parking License Agreement ("Agreement") is made as of the 4th <br />day of December, 2003, by and between the CITY OF SUNNY ISLES BEACH, a municipal <br />corporation ("City") and TANGIERS BEACH ASSOCIATES, a Florida general partnership <br />("Tangiers") or assigns. <br /> <br />RECITALS <br /> <br />Whereas, the City has previously entered into a lease agreement ("FOOT Lease") with <br />the Florida Department of Transportation ("FOOT") which expires on 2/16/2010 for the use of <br />the Parking Lots and surrounding property under the William Lehman Causeway (collectively <br />the "Parking Lots"); and <br /> <br />Whereas, the City has been given permission by FOOT to collect a daily fee from the <br />general public for the use ofthe Parking Lots; and <br /> <br />Whereas, Tangiers has approached the City about using a portion of the Parking Lots for <br />the parking of automobiles owned by employees of construction companies that are working on <br />the Tangiers's condominium project; and <br /> <br />Whereas, the City desires to enter into a non-exclusive parking license agreement with <br />Tangiers for the use of a portion of the Parking Lots; and <br /> <br />Whereas, this Agreement is consistent with the authority that the City has over the <br />Parking Lots pursuant to the FOOT Lease; and <br /> <br />NOW, THEREFORE, in consideration of the execution and delivery of this Agreement <br />and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the parties hereby further agree as follows: <br /> <br />1. Recitals. The foregoing recitals are true and correct and are incorporated herein <br />in their entirety. <br /> <br />2. Use of ParkinS! Lots. The City hereby licenses, on a non-exclusive basis, to <br />Tangiers a certain number of Parking Lots to be used for passenger automobile and truck parking <br />only. No other use of the Parking Lots is permitted without written permission from the City. <br />This license reserves the public right to use the Parking Lots and Tangiers acknowledges that the <br />City has the authority to use the Parking Lots for a public purpose, provided however that at all <br />times during the term of this Agreement, Tangiers shall have non-exclusive access to not less <br />than 100 parking spaces in the Parking Lots. <br /> <br />3, Term. The term of this Non-Exclusive Parking License shall commence on <br />December 1, 2003 and run-through December 1, 2004, <br /> <br />639284~1 <br />