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Home My WebLink AboutR-2026-004 Rita Crockett Second Amendment to License AgreementRESOLUTION NO. 2026-004 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE LICENSE AGREEMENT WITH RITA CROCKETT BEACH SPORTS ACADEMY (RCBSA) TO (1) AUTHORIZE CITY RESPONSIBILITY FOR DAMAGES CAUSED DURING PUBLIC USE HOURS, AND (2) ALLOW REIMBURSEMENT OF RCBSA’S ELIGIBLE OPERATING COSTS SUBJECT TO THE FUNDING CAP; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. . WHEREAS, on February 11, 2025, the City of Dania Beach approved Resolution No. 2025-021, authorizing a License Agreement with Rita Crockett Beach Sports Academy (“RCBSA”); and WHEREAS, the License Agreement was subsequently amended by the First Amendment, which modified the physical boundaries of the area known as “the Pit” located at Frost Park; and WHEREAS, the City and RCBSA now desire to enter into a Second Amendment to the License Agreement to further clarify operational obligations and financial responsibilities; and WHEREAS, the Second Amendment adds Section 7.17, which provides that the City shall assume financial responsibility for repair or replacement of RCBSA-owned equipment damaged by members of the general public during designated public “free play” hours; and WHEREAS, the Second Amendment also adds Section 7.18, authorizing the City to reimburse RCBSA for eligible operating costs associated with the use and operation of the Licensed Area, subject to documentation, City review, and the existing $250,000 reimbursement cap; and WHEREAS, the City Commission finds that approving the Second Amendment is in the best interests of the City, promotes continued recreational programming at Frost Park, and clarifies administrative obligations between the parties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “Whereas” clauses are ratified and confirmed and are incorporated herein by this reference as the legislative findings of the City Commission. 2 RESOLUTION #2026-004 Section 2. That the City Commission hereby approves and authorizes the appropriate City officials to execute the Second Amendment to the License Agreement with Rita Crockett Beach Sports Academy (RCBSA), attached hereto and incorporated by reference as Exhibit “A.” Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. That this Resolution shall be effective ten (10) days after passage. PASSED AND ADOPTED on January 13, 2026. Motion by Commissioner Lewellen second by Commissioner Rimoli. 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 THE LICENSE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND RITA CROCKETT BEACH SPORTS ACADEMY This Second Amendment (“Second Amendment”) amends and modifies that certain License Agreement dated June 12, 2025, between the City of Dania Beach, Florida (the “City”), and RITA CROCKETT BEACH SPORTS ACADEMY, a Florida not-for-profit corporation (“RCBSA”), as previously amended by the First Amendment (collectively, the “Agreement”). The parties agree as follows: 1. Addition of New Section – City Responsibility for Damage During Public Use Hours A new Section 7.17 is hereby added to Article 7 of the Agreement to read as follows: “Section 7.17. Damage Caused by Public During Public Use Hours. The City shall assume financial responsibility for the repair or replacement of RCBSA-owned equipment located within the Licensed Area when such equipment is damaged by members of the general public during the hours in which the Licensed Area is made available for public “free play” in accordance with Section 1.07 of this Agreement. This responsibility applies only to damage caused by individuals who are not participating in RCBSA programs, activities, tournaments, lessons, rentals, or other Licensee-scheduled uses, and only during the times the City has designated the Licensed Area as open for public use. RCBSA shall notify the City in writing within three (3) business days of discovering such damage, including reasonable documentation such as photographs and a brief incident report. The City shall review the documentation and reimburse RCBSA for verified repair or replacement costs within thirty (30) days of receiving acceptable proof. Nothing in this Section alters or limits (i) RCBSA’s responsibility for damage occurring during Licensee’s exclusive use or during RCBSA-scheduled activities, or (ii) the City’s governmental immunities under Section 768.28, Florida Statutes.” 2. Addition of New Section – Reimbursement of Eligible Operating Costs A new Section 7.18 is hereby added to Article 7 of the Agreement to read as follows: 2 “Section 7.18. Reimbursement of Eligible Operating Costs. In addition to reimbursements authorized elsewhere in the Agreement, the City shall reimburse RCBSA for eligible operating costs associated with the operation, oversight, and delivery of services within the Licensed Area, subject to the following conditions: 1. Eligible Costs. Eligible operating costs include personnel expenses, routine facility-related expenditures, equipment upkeep not covered by Section 7.17, program support, and other similar operational expenses reasonably incurred by RCBSA. 2. Documentation. RCBSA shall submit reasonable documentation for all operating costs sought to be reimbursed, including receipts, invoices, payroll reports, statements, or comparable records. 3. City Review. All reimbursement requests shall be subject to review and approval by the City Manager or designee to verify eligibility, completeness, and compliance with this Agreement. 4. Funding Cap. Total reimbursement under this Section 7.18, together with any other reimbursements authorized under the Agreement, shall not exceed the Two Hundred Fifty Thousand Dollar ($250,000) cap established under the Agreement.. 5. No Waiver of Immunity. Nothing in this Section shall be construed as a waiver of the City’s sovereign immunity or limitations on liability as set forth in Section 768.28, Florida Statutes.” 3. No Other Modifications; Continuation of Agreement Except as expressly amended herein, all terms, conditions, obligations, and provisions of the Agreement, as amended by the First Amendment, shall remain unchanged and in full force and effect. 4. Effective Date This Second Amendment shall become effective upon full execution and approval by the City Commission. SIGNATURES ON THE FOLLOWING PAGES 3 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY ANA M. GARCIA, ICMA-CM CITY MANAGER 4 Rita Crocket Beach Sports Academy a Florida nonprofit corporation WITNESSES: SIGNATURE SIGNATURE Rita Crockett PRINT Name PRINT Name President SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by Rita Crockett, President of Rita Crocket Beach Sports Academy, a Florida non-profit corporation, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida