HomeMy WebLinkAboutR-2025-153 Updated Access Agreement with Broward County for The Shore Protection Project, Segment IIIRESOLUTION NO. 2025-153
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, REPEALING RESOLUTION NO. 2025-007 AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN UPDATED ACCESS AND USE AGREEMENT WITH BROWARD COUNTY FOR THE SHORE PROTECTION PROJECT, SEGMENT III; PROVIDING
FOR NO FISCAL IMPACT TO THE CITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Resolution No. 2025-007 on
January 14, 2025, authorizing the City to enter into a Temporary Access Agreement with
Broward County for the Shore Protection Project, Segment III, to allow temporary access and
staging on City-owned property to support beach tilling and escarpment removal; and
WHEREAS, Broward County has since updated its standard form of agreement to a new
Access and Use Agreement that expands the scope of authorized activities to include the design,
construction, inspection, and maintenance phases of the Shore Protection Project, Segment III,
and extends the term of access through November 1, 2030; and
WHEREAS, the Public Services Department and City Attorney’s Office have reviewed
the proposed Access and Use Agreement and determined that it maintains the same purpose and
intent as the previously approved Temporary Access Agreement, with no financial commitment
required by the City; and
WHEREAS, the City continues to support the County’s administration of the federally
authorized Shore Protection Project and recommends approval of the updated agreement to ensure
continued coordination and compliance with the Florida Department of Environmental Protection
permit for beach restoration and maintenance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “WHEREAS” clauses are ratified and confirmed to be true
and correct and are made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission hereby repeals Resolution No. 2025-007 and
approves the updated Access and Use Agreement with Broward County for the Shore Protection
Project, Segment III, attached and incorporated by this reference into this Resolution as Exhibit
“A.”
RESOLUTION #2025-_____ 2
Section 3. That the proper City officials are authorized to execute the Access and
Use Agreement and any related documents necessary to implement the intent of this Resolution.
Section 4. That this Resolution involves no fiscal impact to the City.
Section 5. That all resolutions or parts of resolutions in conflict herewith are repealed
to the extent of such conflict.
Section 6. That this Resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED on October 28, 2025.
Motion by Vice Mayor Salvino, second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY FOR THE ACCESS
AND USE OF CITY PROPERTY FOR THE SHORE PROTECTION PROJECT, SEGMENT III
This Access and Use Agreement (“Agreement”) is entered and entered into this
_____ day of ___________, 2025 between the City of Dania Beach, a municipal corporation
of the State of Florida, whose address is 100 West Dania Beach Boulevard, Dania Beach,
Florida 33304 (“City”), and Broward County, a political subdivision of the State of Florida,
whose address is 115 South Andrews Avenue, Fort Lauderdale, Florida 33301 (“County”)
(each a “Party” and collectively referred to as the “Parties”).
RECITALS
A. Since the inception of the Beach Management Program in the late 1960s,
County has acted as the local sponsor for the U.S. Army Corps of Engineers (“Corps”) Shore
Protection Project Segment III (“Segment III SPP”) through Interlocal Agreement, which
includes sand replenishment projects above and below mean high water, dune projects,
beach tilling, and escarpment removal.
B. County holds a Consolidated Joint Coastal Permit and Sovereign Submerged
Lands Authorization issued by the Florida Department of Environmental Protection (“FDEP”),
Permit number 0163435-015-JC (“Permit”), as may be amended, to perform sand
replenishment projects above and below mean high water, dune projects, beach tilling,
escarpment removal, and other activities as part of the Segment III SPP. Facilitation of the
Segment III SPP occurs at various locations, including City’s property.
C. City is the owner of certain property, as defined in Exhibit A of this Agreement
(“Property”). City previously authorized County to access and use its Property to perform beach
tilling and escarpment removal activities required by the FDEP Permit.
D. County desires continued access on, over, across, and through the Property for
the purpose of facilitating the design, construction, installation, inspection, and maintenance
of the Segment III SPP.
E. County also desires authorization to utilize portions of the Property marked
“Staging Areas” to stage and store vehicles and equipment overnight that are necessary to
facilitate the Segment III SPP.
F. City desires to continue the County’s access and use of the Property in
accordance with the terms set forth herein so that County may help facilitate and complete
the Segment III SPP.
NOW, THEREFORE, in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00),
the mutual promises and agreements contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
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1. Recitals. The foregoing recitals are true and correct and such recitals are incorporated
herein by reference.
2. Grant of Access. City hereby grants unto County, its contractors, subcontractors,
consultants, and employees access on, over, across, and through the Property to perform
Segment III project activities as well as inspection and monitoring of the same and any
incidental uses necessary thereto, during the term of this Agreement as hereinafter
described. Specifically, the County and its contractors, subcontractors, consultants, and
employees are authorized to facilitate the Segment III project defined in Exhibit A. County and
its contractors, subcontractors, consultants, and employees may stage and store equipment
and vehicles overnight at the staging and storing locations described in Exhibit A and indicated
on the map. Beach access points are not needed as of the Effective Date of this Agreement.
However, if during the course of the project, County determines that beach access points are
necessary, the Parties may amend this Agreement, in accordance with Paragraph 16, to
authorize County and its contractors, subcontractors, consultants, and employees to access
the beach at specified locations.
3. Term. The Agreement shall be effective as of the date it is fully executed by the Parties
(“Effective Date”) and shall continue until November 1, 2030.
4. Obligation to Restore. City will continue to be responsible for regular maintenance of
the Segment III SPP, including, but not limited to, trash pickup, mechanical beach cleaning,
and dune maintenance. However, if the Property or any property located thereon is damaged
by County or County’s contractors, subcontractors, consultants, or employees as a result of their
entry upon or use of the Property, County shall, at its expense, promptly and with due diligence
restore and repair the damaged portion(s) of the Property or property located thereon to the
same condition as existed prior to County’s use of the Property.
5. Termination. This Agreement may be terminated:
a. For cause by the aggrieved Party if the Party in breach has not corrected the
breach within ten (10) days after receipt of written notice from the aggrieved
Party identifying the breach. If County erroneously, improperly, or unjustifiably
terminates this Agreement for cause, such termination shall be deemed a
termination for convenience in accordance with Section 5(c).
b. For convenience by either Party with at least thirty (30) calendar days’ advance
written notice to City. The Parties acknowledge they received good, valuable, and
sufficient consideration for the right to terminate this Agreement for convenience
including in the form of their obligation to provide advance notice of such
termination in accordance with this section.
c. By the Broward County Administrator (“County Administrator”) upon such notice
as the County Administrator deems appropriate under the circumstances if the
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County Administrator determines that termination is necessary to protect the
public health, safety, or welfare.
Notice of termination shall be provided in accordance with the “Notices” section of this
Agreement except that notice of termination by the County Administrator to protect the public,
health, safety, or welfare may be oral notice that shall be promptly confirmed in writing.
In addition to any termination rights stated in this Agreement, County shall be entitled to seek
any and all available contractual or other remedies available at law or in equity including recovery
of costs incurred by County due to City’s failure to comply with any term(s) of this Agreement.
6. Insurance. The Parties are entities subject to Section 768.28, Florida Statutes. County will
maintain a fiscally sound and prudent risk management program with regard to its obligations
under this Agreement in accordance with the provisions of Section 768.28, Florida Statutes. Upon
request, County shall provide written verification of liability protection in accordance with state
law. Prior to any County contractor, subcontractor, or consultant using the Property, County shall
require such contractor, subcontractor, or consultant to provide insurance coverage with minimum
limits of coverage as required by County’s Risk Management Division, and naming County and City
as additional insureds on the commercial general liability and business automobile liability policies.
7. Governmental Immunity and Liability. Except to the extent sovereign immunity may be
deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver
of sovereign immunity by either Party nor shall anything included herein be construed as consent
by either Party to be sued by a third party in any matter arising out of this Agreement. Each Party
is a state agency or political subdivision as defined in Section 768.28, Florida Statutes, and shall
be responsible for the acts and omissions of its agents or employees to the extent required by
applicable law. County will include indemnification language, substantially in the form below, in
all contracts whereby County allows a party to access the Property pursuant to this Agreement:
Contractor shall at all times hereafter indemnify, hold harmless
and, at the County Attorney's option, defend or pay for an attorney
selected by the County Attorney to defend County and City, or their
officers, agents, servants, and employees (collectively and
individually “Indemnified Party”) from and against any and all
causes of action, demands, claims, losses, liabilities and
expenditures of any kind, including attorney fees, court costs, and
expenses, caused or alleged to be caused by any intentional,
negligent, or reckless act of, or omission of, Contractor, its
employees, agents, servants, or officers, or accruing, resulting
from, or related to the subject matter of this Agreement including,
without limitation, any and all claims, losses, liabilities,
expenditures, demands or causes of action of any nature
whatsoever resulting from injuries or damages sustained by any
person or property. In the event any lawsuit or other proceeding
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is brought against an Indemnified Party by reason of any such claim,
cause of action, or demand, Contractor shall, upon written notice
from County, resist and defend such lawsuit or proceeding by
counsel satisfactory to County or, at County’s option, pay for an
attorney selected by County Attorney to defend County and City.
The obligations of this section shall survive the expiration or earlier
termination of this Agreement.
8. Disruption. County will require all contractors, subcontractors, and consultants to utilize
their best efforts to minimize impacts and disruption to City’s Property and surrounding areas.
9. Notices. Unless otherwise stated herein, for notice to a Party to be effective under this
Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight
delivery, each with a contemporaneous copy via email, to the addresses listed below and shall
be effective upon mailing or hand delivery (provided the contemporaneous email is also sent). A
Party may change its notice address by giving notice of such change in accordance with this
section.
For County:
Real Property Section
Broward County Governmental Center, Room 326
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
For City:
City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33304
10. Public Records. The Parties shall comply with all applicable requirements of Chapter 119,
Florida Statutes, including the requirements of Section 119.0701, Florida Statutes.
11. Binding Effect. Each person executing this Agreement represents that he or she has been
empowered by his or her respective Party to enter into this Agreement and to bind such Party to
the commitments and undertakings contained herein. The provisions, conditions, terms, and
covenants contained herein shall be of a binding effect. The benefits and advantages hereof shall
inure to the respective Parties and the respective successors and assigns.
12. Prior Agreements. This Agreement represents the final and complete understanding of
the Parties regarding the subject matter of this Agreement and supersedes all prior and
contemporaneous negotiations and discussions regarding same. All commitments, agreements,
and understandings of the Parties concerning the subject matter of this Agreement are contained
herein.
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13. Joint Preparation. This Agreement has been jointly prepared by the Parties and shall not
be construed more strictly against either Party.
14. Multiple Originals and Counterparts. This Agreement may be executed in multiple
originals or in counterparts, whether signed physically or electronically; each of which shall be
deemed to be an original, and all of which, taken together, shall constitute one and the same
agreement.
15. Further Assurances. The Parties shall execute all such instruments, and agree to take all
such further actions, that may be reasonably required by any Party to fully effectuate the terms
and provisions of this Agreement.
16. Amendments. The Contract Administrator is authorized to amend this Agreement to
modify the access and staging locations if Parties reasonably determine the access staging
locations identified in Exhibit A are unsuitable. Unless expressly authorized herein, no
modification, amendment, or alternation of any portion of this Agreement is effective unless
contained in a written document executed with the same or similar formality as this Agreement
and by duly authorized representatives of the City and County.
17. Survival. Either Party’s right to monitor, evaluate, enforce, audit, and review, any
obligations to indemnify and insure, any assurances and certifications, and items of financial
responsibility shall survive the expiration or earlier termination of this Agreement but shall expire
upon expiration of the statute of limitation as to that particular matter. Any provision of this
Agreement which contains a restriction or requirement which extends beyond the date of
termination or expiration set forth herein shall survive expiration or earlier termination of this
Agreement and be enforceable but shall expire upon expiration of the statute of limitation as to
that particular matter.
18. Independent Contractor. Each Party is an independent contractor under this Agreement,
and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other
relationship between the Parties. In providing services, neither that Party nor its agents shall act
as officers, employees, or agents of the other Party. The Parties shall not have the right to bind
either Party to any obligation not expressly undertaken by that Party under this Agreement.
19. Third Party Beneficiaries. Neither Party intends to primarily or directly benefit a third
party by this Agreement. Therefore, the Parties agree that there are no third-party beneficiaries
to this Agreement and that no third party shall be entitled to assert a right or claim against either
of them based upon this Agreement.
20. Assignment. Neither this Agreement nor any right or interest herein may be assigned by
either Party without the prior written consent of the other Party. This provision shall not be
construed to prohibit County from allowing others performing services for County related to the
Shore Protection Project, Segment III, to use the Property; such use, however, shall not confer any
right of the other Party to claim any rights under this Agreement. If a Party violates this provision,
the other Party shall have the right to immediately terminate this Agreement.
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21. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this
Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement,
duty, and obligation set forth in this Agreement is substantial and important to the formation of
this Agreement, and each is, therefore, a material term. City’s failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision or a modification of this
Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement. To be effective, any
waiver must be in writing signed by an authorized signatory of the Party granting the waiver.
22. Compliance with Laws. Each Party shall comply with all applicable federal, state, and local
laws, codes, ordinances, rules, and regulations.
23. Severability. If any part of this Agreement is found to be unenforceable by any court of
competent jurisdiction or applicable law, that part shall be deemed severed from this Agreement
and the balance of this Agreement shall remain in full force and effect.
24. Interpretation. The titles and headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
All personal pronouns used in this Agreement shall include the other gender, and the singular
shall include the plural, and vice versa, unless the context otherwise requires. Terms such as
“herein,” “hereof,” “hereunder,” and “hereinafter” refer to this Agreement as a whole and not
to any particular sentence, paragraph, or section where they appear, unless the context
otherwise requires. Whenever reference is made to a section or article of this Agreement, such
reference is to the section or article as a whole, including all of the subsections of such section,
unless the reference is made to a particular subsection or subparagraph of such section or article.
Any reference to “days” means calendar days, unless otherwise expressly stated.
25. Priority of Provisions. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any document or exhibit attached to, referenced by, or incorporated
in this Agreement and any provision within an article or section of this Agreement, the article or
section shall prevail and be given effect.
26. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. The exclusive
venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in
the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim
arising from, related to, or in connection with this Agreement must be litigated in federal court,
the exclusive venue for any such lawsuit shall be in the United States District Court or United
States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS
AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
27. Incorporation by Reference. The attached exhibit is incorporated into and made a part of
this Agreement.
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28. Force Majeure. If the performance of this Agreement, or any obligation hereunder, is
prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic,
pandemic, or other public health emergency, or by labor strike, war, or by a law, order,
proclamation, regulation, ordinance of any governmental agency (collectively, “Force Majeure
Event”), the Party so affected, upon giving prompt notice to the other Party, shall be excused
from such performance to the extent of such prevention, provided that the affected Party shall
first have taken reasonable steps to avoid and remove such cause of non-performance and shall
continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the
other Party in writing and resume performance hereunder whenever such causes are removed;
provided, however, that if such inability to perform due to the Force Majeure Event exceeds
sixty (60) consecutive days, the Party that was not prevented from performance by the Force
Majeure Event has the right to terminate this Agreement upon written notice to the other Party.
This section shall not supersede or prevent the exercise of any right either Party may otherwise
have to terminate this Agreement.
29. Representation of Authority. Each individual executing this Agreement on behalf of a
Party hereto hereby represents and warrants that he or she is, on the date he or she signs this
Agreement, duly authorized by all necessary and appropriate action to execute this Agreement
on behalf of such Party and does so with full legal authority.
(The remainder of this page is intentionally left blank.)
IN WITNESS WHEREOF, the Parties hereto have made and executed this Access and Use
Agreement for the Shore Protection Project, Segment III on the respective dates under each
signature: Broward County, by and through its Board of County Commissioners, signing by its
Mayor or Vice-Mayor, authorized to execute same by Board action on the _______ day
of_____________, 2025, and City of Dania Beach, signing by and through its
_____________________, duly authorized to execute same by Commission action on the ____
day of __________________, 2025.
COUNTY
ATTEST: BROWARD COUNTY, by and through
Its Board of County Commissioners
By: ____________________________ By: ____________________________
Broward County Administrator, as Mayor
ex officio Clerk of the Broward County
Board of County Commissioners ____ day of ______________, 2025
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By____________________________
Jennifer D. Brown (Date)
Senior Assistant County Attorney
By____________________________
Maite Azcoitia (Date)
Deputy County Attorney
JDB/gmb
__/___/2025
#
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AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY FOR THE ACCESS
AND USE OF CITY PROPERTY FOR THE SHORE PROTECTION PROJECT, SEGMENT III
CITY
City of Dania Beach, a
Florida Municipal Corporation
ATTEST: By:
JOYCE L. DAVIS,
MAYOR
_______________________________
ELORA RIERA, MMC ANA M. GARCIA, ICMA-CM
CITY CLERK CITY MANAGER
_____ day of __________, 20___
I HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
EVE A. BOUTSIS
CITY ATTORNEY
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Exhibit A
Property
SHORE PROTECTION PROJECT, SEGMENT III LOCATION:
The sandy beach above the mean high water line to the easternmost edge of the dune
vegetation, seawall, or other structure from the Dania Pier, approximately Florida
Department of Environmental Protection Range Monument (R) 98, to R-100.
STORING AND STAGING AREAS:
• The parking lot for the Dania Beach Pier located at 300 North Beach Road.
• 1201 Stirling Road. Up to two (2) semi-trailers each with maximum length of 75’ and
width of 9’ may be stored at this location.
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