Double park pavilion agreement 1.19.2012

1. PARKING CONCESSION AGREEMENT
THIS AGREEMENT made and entered into at ______________________________, Miami Dade
County, Florida, this ____ day of __________________, 2011, by and between The Pavilion
Condominium Association, Inc a Florida Not-For-Profit Corporation (hereinafter referred to as
“Association") whose address is 5601 Collins Ave Miami Beach, Florida 33140; and Double Park,
LLC. (Hereinafter referred to as "Operator"), whose address is 1717 N. Bay Shore Drive. Suite
201 Miami, FL. 33132.
W I T N E S E T H:
WHEREAS, The Association is engaged in operation and maintenance of The Pavilion
Condominium Association located at 5601 Collins Ave Miami Beach, Florida 33140, hereinafter
referred to as the "premises”; and
WHEREAS, Operator agrees, upon terms and conditions set forth herein, to provide valet
parking services at the premises operated by the Association, all in accordance with terms and
conditions herein set forth; and
WHEREAS, Operator is a company experienced in the business of operating quality Valet
Parking Concessions, and is a validly formed Florida corporation,
NOW, THEREFORE, the parties hereto in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt and adequacy being hereby acknowledged
by each party, do hereby agree as follows:
1. The foregoing recitals, including the recital as to consideration, are true and correct.
2. NATURE OF LICENSE. The Association grants unto the Operator the exclusive
concession and license to perform valet parking services on, within or upon the
premises as set forth herein. All of the said services shall be performed in
accordance with the terms and conditions and provisions of this Agreement.
3. SERVICES TO BE PROVIDED BY OPERATOR.
a) The Operator will provide valet parking services at the premises, seven (7) days a
week, 24 hours a day for the purpose of parking automobiles in the areas
designated by the Association. The Operator shall supply uniformed valet
attendants (pursuant to paragraph 6 Management Fee), trained and disciplined in
providing luxury valet parking services.
b) Operator will provide at its own expense all tickets, supplies and computer
equipment, necessary to perform the Valet Parking services hereunder; Operator
will provide the valet booth.
c) Operator will receive all complaints with respect to the daily parking
operation.Operator shall process and handle all complaints with Association unit
owners.
d) Operator will provide off-premises Operations Management to supervise the
operations and perform unscheduled, periodic checks on a daily basis. Operator
will be on call at all times should Association request their presence at the
premises.

2. e) Operator’s Automobile Claims Department, will handle all claims associated with
vehicle parking or damages, related to valet parking services.
4. VALET PERSONNEL: Operator will be responsible for the following with respect to
valet personnel.
a) Pay all expenses and obligations of the Operator with respect to its performance
hereunder, including all salaries, insurance, social security and any taxes of the
Operator's employees.
b) Prior to employment at the premises, all valet personnel will receive a Miami-Dade
County Police Department background check, finger printing, and drug testing.
Current valid Florida driver’s licenses are required.
c) Operator will provide employee profile in writing, if asked by the Association
d) The Association retains the right to reject the valet personnel
e) Operator will provide the Association with pre-approved uniforms.
f) Operator will provide rain gear, including golf umbrellas to assist patrons out of their
vehicles, when necessary.
g) Operator will be responsible for all damages to Association property, unit owner
property or any other property on the premises, created directly or indirectly by
valet personnel.
h) The Valet personnel will be prohibited to use cellular phones and other similar
devices while on duty unless authorized by management.
i) The Association expects the Valet personnel to become an integral part of the
Pavilion Team (staff and other providers) to offer a secure and pleasant
environment for the owners, residents and guests of the Pavilion.
j) The Association has the option to provide two-way radios or other similar devices for
the Valet personnel to be aware of security issues and alerts at the Pavilion.
5. UNSAFE AUTOMOBILES. Neither Operator nor its employees shall be required to
park any automobile which is, or appears to be, unsafe or which is in violation of any
state, local or municipal ordinance and/or regulation as to the operation or condition
of automobiles, or which is oversized. However, the parking of such a vehicle will
not be a violation of this Agreement, and in the event Valet Personnel accept an
unsafe automobile, Operator will not be considered negligent or incur liability for
parking any such vehicle.

3. 6. MANAGEMENT FEE: Operator’s Compensation hereunder shall consist of the total
of the following:
a) A management fee of Fifteen Thousand Seventy Four Dollars and Fifty Cents
($15,074.00) per month for the first year of our proposed agreement, all additional
years of this agreement shall reflect a cost of living increase not to exceed Three
Percent (3%).
b) The Monthly rate shall increase, dollar for dollar, by the amount of any increases
in the minimum wage (plus payroll related expenses) that must be paid to
Operator’s employees for the services hereunder, whether such increase is
mandated by local, State or federal minimum or living wage laws.
7. PARKING CHARGES: The Operator shall collect and retain the daily parking fees as
posted on the premises:
Daily $9.00
Overnight $10.00 per night
Weekend Daily $15.00
Weekend Overnight $15.00 per night
Additional Vehicles Monthly: $55.00 per month
a) The parties acknowledge that each individual tenant (or condominium Association)
of the Association is entitled to one (1) free valet parking service per month on the
Premises. With regard to all other vehicles, Operator shall be allowed to charge no
less than $55.00 per month per vehicle. The Association shall have the right to
raise the foregoing parking rate from time to time.
b) No In/Out allowed for daily rates.
c) All fees and charges must be approved by the Association in an open meeting of
the Board of Directors and properly recorded in the Minutes of that meeting.
d) Vehicles must be pre-registered at the Association to be allowed for free valet
e) Owners and tenants can acquire from the Association a limited number of
validations sold in sheets of ten at a cost of Five Dollars ($5.00) per validation
($50.00 per sheet) for visitor’s daily parking.
f) Operator must exchange the existing validations from prior Operator (Key Parking)
for a period of Three (3) months. Owners can exchange validations at the
Association’s office.
g) All Payments for monthly fees must be made at the Association Office during
posted office hours and paid to the Operator by the fifteenth of each month.
h) All monthly fees and charges that are not paid by the tenth of each month shall be
assessed a late fee of Twenty Five Dollars ($25.00) per month by the Association.
i) The Association will pay the parking operator the monthly fees, plus a Ten Dollars
($10.00) late fee if any on a monthly basis.

4. j) INCOME PARTICIPATION: All visitor parking revenues collected over the first Two
Thousand Dollars ($2,000.00) per month shall be split with the Association on a
50% - 50% basis. The additional revenues shall be distributed on the fifteenth day
of the following month and shall include a management report showing all revenue
collected.
8. LASER SCANNERS: The Operator shall supply two laser scanners to control the
entrances and exits to the garage. This equipment will enable residents to enter the
garages without delay. These laser scanners shall be monitored at our main office 24
hours per day, seven days per week. The equipment supplied shall remain the property
of the Operator and shall remain on the premises for the term of this agreement.
BAR CODED DECALS: The Operator shall reregister all vehicles and issue a bar
coded decal for each resident’s vehicle(s). These decals shall be placed on the driver’s
side rear window of each vehicle. After the bar coded decal is read by the laser
scanner, the gate will open, giving the pre-approved residents access to the pre
assigned entrance to the garages. The operator will also place a small decal on the
rear left, lower corner of the rear window of each vehicle, indicating the resident’s
parking space/area and whether the resident is valet or self parked.
BAR CODE FEES: All residents shall receive a transponder at the following one-time
rates:
First Vehicle: $25.00
Additional Vehicles: $30.00
Replacement Decal: $25.00
These fees shall be collected directly from the resident when bar coded decals are
issued> If owner has a temporary vehicle a handheld bar code can be issues with a
refundable deposit to ensure return of handheld bar code. Owners will be charge
$15.00 for the first bar code all other will be at rate listed above.
9. MANNING SCHEDULE: The Operator will provide valet parking service at the
premises, seven (7) days a week, 24 hours a day for the purpose of parking
automobiles in the areas designated by the Association. The Operator shall supply
uniformed valet attendants trained and disciplined in providing luxury valet parking
services based on the following schedule: (schedule on next page)
Monday through Sunday
One Manager 7:00 A.M. – 3:00 P.M.
Two Valet Attendant 7:00 A.M. – 3:00 P.M.
Three Valet Attendant 3:00 P.M. – 11:00 P.M.
One Midnight Supervisor 11:00 P.M. – 7:00 A.M
Total Hours = 392/week
*The above hours may be adjusted to fit the needs of the Association*

5. 10. TERM OF AGREEMENT. The term of this Agreement shall be for One (1) year
commencing on March 1, 2011. Upon expiration of the initial Term, this Agreement
shall automatically renew from year to year unless written notice of non-renewal is
given by either party at least sixty (60) days prior to expiration of the Initial Term or
current renewal term.
NOTICE OF DEFAULT: In the event that the Association believes the Operator to be in
default under the terms of this Agreement, the Association shall give written notice to
Operator of any such default as may be claimed, and Operator shall have 15 days to
cure any actual default. If cure cannot be reasonably completed within such 15 day
period, it shall be a default. Failure to so cure an actual default may constitute a
breach of this Agreement and may be grounds for termination thereof, at the
Association's option.
11. INSURANCE. The Operator shall carry and maintain at all times, at its own cost
and expense Garage keeper’s Legal Liability Insurance with limits of $2,000,000.00 per
occurrence, and provide Association with a Certificate of Insurance on request.
Operator will also maintain Worker’s Compensation Insurance per statutory
requirements. Operator shall also maintain at all times, at is own cost and expense, a
General Liability Policy in the about of $2,000.000.00. ASSOCIATION shall be named
as an additional insured on all insurance policies covering the Work hereunder.
12. OTHER MUTUAL COVENANTS
a) Relationship of Parties: The Operator shall operate the Valet Parking services and
perform its duties and responsibilities hereunder as an independent licensee,
pursuant to this Agreement, and nothing contained herein shall constitute, nor be
deemed to constitute, the Operator or its employees as a bailee, bailor, employee,
partner or co-venture of the Association.
b) The parties agree and understand that the relationship of the Association and
Operator is that of licensor and licensee, and any service rendered to the
Association or to the Association’s guests or invitees is that of an independent
contractor. The Association shall not, at any time, be responsible for the acts of the
Operator, nor shall the Operator be responsible at any time for security, control or
maintenance of any portion of the premises, or the acts of the Association.
Operator agrees that is shall secure all automobile keys and lock all automobiles.
c) The Association shall be responsible for all utilities and for maintaining and cleaning
the front door, garage and other parking areas, driveways and other parts of the
premises, necessary for the provision of the services recited herein.
d) The Association agrees that for a period of one (1) year from the termination of this
Agreement, it shall not employ, hire, and permit to be hired or give compensation to
any person who was an employee of the Operator at any time during the nine (9)
month period prior to such termination.
13. PERSONAL PROPERTY. Any personal property attached or fixed to the premises by
the Operator shall be removable by him at any time at termination of this Agreement, or
any extension thereof.

6. 14. NOTICE. It is mutually agreed by and between the parties that all notices shall be
given in writing, and whenever either party desires to give notice unto the other, it shall
be given by personal delivery by commercial courier with signed receipt, or by Certified
Mail, Return Receipt Requested, to the addressee, addressed as follows, until written
notice is given as to a change of address:
As to Association:
The Pavilion Condominium Association, Inc.
c/o Board of Directors
5601 Collins Ave
Miami Beach, Florida 33140
As to Operator:
Double Park LLC
1717 N. Bay Shore Drive
Miami, Fl. 33132 Ste.201
15. MISCELLANEOUS.
a) The invalidity in whole or in part of any covenant, premise or undertaking of any
section, sub-section, sentence, clause, phrase or word, or of any provision of
this Agreement, shall not affect the validity of the remaining portions thereof.
b) This Agreement shall be construed and interpreted in accordance with the laws
of the State of Florida, and venue for all disputes shall be in Miami Dade
County, Florida.
c) It is mutually agreed by and between the parties that all covenants herein
contained are made by the respective parties thereto and their respective
successors, legal representatives and assigns.
d) The captions and titles contained in this Agreement are for convenience and
reference only, and in no way shall serve to limit or describe the scope or intent
of this Agreement, or any part hereof.
e. The parties acknowledge that the Association, and not the Operator, has
exclusive control over the garage premises and parking spaces subject only to
Operator's obligation to park and retrieve vehicles under this Agreement. The
Operator has no responsibility for the vehicle, whatsoever, other than when it is
actually being driven by Operator's personnel and Operator is specifically
relieved of any responsibility for the vehicles or their contents at all other times,
and Association will indemnify and hold Operator harmless from any claims for
damages to the vehicle or its contents unless arising from damages caused
during the driving of the vehicle by Operator's personnel. All actions, costs,
claims, losses, expenses and/or damages resulting from design or structural
faults or defects, or arising out of a breach of security, are the responsibility of
the Association.
f. Operator shall not assign or transfer this Agreement or its right, title or interest
herein without the prior written consent of Association.

7. g. The individual signing agreement on behalf of Association hereby represents
that he or she has been empowered with full authority to act on behalf of
Association in connection with this Agreement, and that execution of this
Agreement has been duly authorized by Association, If this Agreement is
signed by an agent of Association, then the individual signing below on behalf
of Association’s agent in connection with this Agreement, and that execution of
this Agreement has been duly authorized by said agent and by Association, The
individual signing this Agreement on behalf of Operator hereby represents that
he or she has been empowered with full authority to act on behalf of Operator in
connection with this Agreement, and that execution of this Agreement has been
duly authorized by Operator.
h. This instrument constitutes the entire agreement between the parties and
neither party has been induced by the other's representations, promises or
understandings not expressed herein, and there are no collateral agreements,
stipulations, promises or understandings whatsoever in any way touching upon
the subject matter of this Agreement which are not expressly contained herein.
16. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs
including such fees and costs for any appeal, incurred by reason of either ASSOCIATION
or Operator's failure to perform or to abide by any AGREEMENT on its part contained in
this AGREEMENT. Venue shall be in Miami-Dade County, Florida
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the year and day
first above written.
WITNESSES: The Pavilion Condominium Association, Inc.
_________________________ By: ________________________________
_________________________
Double Park LLC
_________________________ By: ________________________________
_________________________