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Home My WebLink AboutR-2025-178 Second Amendment with BCSB for Olsen Middle SchoolRESOLUTION NO. 2025-178 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SECOND AMENDED RECREATION LICENSE AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, FOR PORTIONS OF SBBC OWNED LAND (SITE NO. 47.1, A/K/A OLSEN MIDDLE SCHOOL) FOR RECREATIONAL AND PARKING PURPOSES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 13, 2022, the City approved the execution of a Recreational License Agreement between the School Board of Broward County and the City of Dania Beach at School Board property known as “Site No. 47.1 a/k/a Olsen Middle School”, permitting the City to make improvements on the property for recreational and parking purposes; and WHEREAS, on January 23, 2024, the City Commission approved the conceptual design for Olsen Middle School, which includes specific amenities and site improvements, which require amendment of the initial Recreational License Agreement; and WHEREAS, on April 9, 2025, the City approved the first amended agreement to the Recreational License Agreement amended the specific recreational improvements plans for the construction as the city was going out to bid and investing in the design portion of the project; and WHEREAS, the School Board of Broward County has provided the second amended agreement to the Recreational License Agreement to amend the agreement adding in the verbiage that affords the city the right to purchase the License Premises should the School Board of Broward County ever decide to sell Site No. 47.1 to protect the cities financial investment as set forth in the amended School Board Agreement, which is attached as Exhibit “A” and made a part of this Resolution by this reference. 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, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute the amended Recreational License Agreement between the School Board of Broward County and the City of Dania Beach for the location known as Site No. 47.1 a/k/a Olsen Middle School. 2 RESOLUTION #2025-178 Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on November 18, 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 1 SECOND AMENDMENT TO RECREATION LICENSE AGREEMENT THIS SECOND AMENDMENT TO RECREATION LICENSE AGREEMENT is made and entered into as of this_ day of ____, 2025, by and between THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, (hereinafter referred to as "SBBC"), a body corporate and political subdivision of the State of Florida, whose principal place of business is 600 Southeast Third Avenue, Fort Lauderdale, Florida 33301 and CITY OF DANIA BEACH, FLORIDA (hereinafter referred to as "City"), a Florida municipal corporation whose principal place of business is 100 W. Dania Beach Blvd., Dania Beach, Florida 33004 WHEREAS, on January 18, 2023, SBBC and the City entered into a Recreation License Agreement ("Agreement") to allow the City to make specific recreational improvements on and utilize portions of SBBC owned land (Site No. 47.1, a/k/a Olsen Middle School) for recreational and parking purposes; and WHEREAS, on May 24, 2024, the parties entered into a First Amendment to memorialize the City's planned new conceptual recreational improvements planned for construction in the Licensed Premises at Olsen Middle School site; and WHEREAS, the parties desire to amend the Agreement so that in the event the SBBC decides to sell Site No. 47.1, the City shall be afforded the right to purchase the Licensed Premises as identified in Exhibit “A” attached hereto; and WHEREAS, the Parties mutually agree to amend the Agreement to memorialize the City's right to purchase the Licensed Premises at Olsen Middle School site. NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 2 ARTICLE 1 - RECITALS 1.01 Recitals. The Parties agree that the foregoing recitals are true and correct and that such recitals are incorporated herein by reference. ARTICLE 2-RIGHT TO PURCHASE 2.01 The Agreement is hereby amended by ADDING a new Article 3.22 as follows: 3.22 Grant of Right: SBBC grants the City the Right to Purchase ("RTP") the Licensed Premises as depicted in the sketch included in Exhibit "A" of the Recreation License Agreement. This RTP will remain in effect during the term of this Lease and any valid renewals or extensions thereof. (a) Exercise of Right: The City has ninety (90) calendar days from the receipt of a Notice of Intent to Sell to exercise this RTP. To do so, the City must deliver written notice to SBBC expressing its intent to purchase the Licensed Premises. The closing of the sale shall occur within six (6) months of the date the RTP was exercised (the "Closing Period"). For purposes of this Agreement, “Notice of Intent to Sell” means a written notice delivered by SBBC to the City indicating that SBBC has determined to offer the Licensed Premises for sale. (b) Purchase Price: The purchase price will be determined by an appraisal that values the land solely for its use as recreational land. The appraisal will not take into account the Licensed Premises’ value for commercial, industrial, or residential development purposes, but will focus on its fair market value for outdoor public recreational activities. Additionally, any improvements to the property will not be included in the purchase price. (c) Appraisals: The SBBC will determine the purchase price of the Licensed Premises in accordance with School Board Policy 8030. (d) Closing Cost: The City shall be solely responsible for all closing costs associated with the purchase of the Licensed Premises, including but not limited to title insurance, recording fees, documentary stamp taxes, and other customary expenses. (e) Restrictive Covenant. The deed will include a restrictive covenant for public use. This covenant will be binding on the City and all future owners of the Licensed Premises for a duration of twenty (20) years from the date the deed is recorded. The covenant will automatically expire on the twentieth (20th) anniversary of the deed's recording unless it is renewed through a separate recorded agreement. 3 2.02 Order of Precedence among Agreement Documents. In the event of conflict between the provision s of the Agreement and the pro visions contain ed herein, the provisions of the following document s shall take precedence in this s order: (a) This Second Amendment to Recreation License Agreement; and (b) This First Amendment to Recreation License Agreement; and (c) The Recreation License Agreement. 2.03 Other Provisions Remain in Force. Except as modified herein, said Recreation License Agreement and the First Amendment to Recreation License Agreement shall remain in full force and effect. SIGNATURES ON THE FOLLOWING PAGES 4 IN WITNESS WHEREOF, the parties hereto have each executed this Second Amendment to the Recreation License Agreement. FOR SBBC (CORPORATE SEAL) THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA Debra Hixon, Chair ATTEST: Dr. Howard Hepburn, Superintendent of Schools Approved as to form and legal content: Office of the General Counsel (Remainder of page intentionally left blank; signature page follows) 5 EXHIBIT A