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HomeMy WebLinkAboutR-2026-026 Request to Film and Reduced Parking Rate - Sterling Virgil III LLCRESOLUTION NO. 2026-026 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING APPROVAL OF A REDUCED PARKING RATE AGREEMENT AND ACKNOWLEDGMENT OF FILMING ACTIVITIES COORDINATED THROUGH FILM LAUDERDALE, A DEPARTMENT OF BROWARD COUNTY, FOR A TWO-DAY PRODUCTION WITHIN THE CITY OF DANIA BEACH BY STERLING VIRGIL III, LLC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach partners with Film Lauderdale, which serves as a full-service, one-stop concierge film commission for Broward County. Film Lauderdale streamlines productions by issuing permits across municipalities in Broward County, coordinating logistics, and offering location assistance; and WHEREAS, all film permits in Broward County are processed through the Broward County Film Lauderdale Division; and WHEREAS, Film Lauderdale recruits film and television productions to Broward County to stimulate economic growth by offering local incentives and production support; and WHEREAS, Film Lauderdale proposes a project which highlights Dania Beach’s beachfront, pier, and marina, providing valuable exposure that enhances the City’s marketing and tourism appeal; and WHEREAS, the City adopted Resolution No. 2023-088, which sets the City’s parking fee schedule for the beach and other parking areas; and WHEREAS, due to the filming at the beach, which is for a two day period, which filming would promote the City of Dania Beach, the City is seeking to provide a reduced parking fee to accommodate the filming; and WHEREAS, the City is seeking approval of a reduced parking rate agreement and acknowledgment of filming activities coordinated through Film Lauderdale, a department of Broward County, for a two-day production within the City of Dania Beach by Sterling Virgil III, LLC.; and WHEREAS, the production is scheduled as follows: • Friday, February 27, 2026, from 8:00 a.m. to 10:00 p.m. – Filming at the beach (north of the Pier) and on the Pier, and • Monday, March 2, 2026, from 6:00 a.m. to 8:00 p.m. – Filming at the Marina; and 2 RESOLUTION #2026-026 WHEREAS, off-duty police officers or private security will be present for safety and traffic control; and WHEREAS, the production has completed the City’s Special Event review process, and all required permits will be secured prior to filming; and WHEREAS, the production company will purchase parking at a rate of $46.95 per space per day for both filming days, which is February 27, 2026 for 100 parking spaces, and March 2, 2026, for 113 parking spaces; and WHEREAS, due to the large volume of parking secured across both days, the negotiated total revenue to the City will be $10,000.00 versus $12,780.00 for the two days (213 spaces at $60.00 per space, maximum daily charge); and WHEREAS, this revenue will directly support the Ocean Park Fund, assisting with future investments and improvements to the beach, pier, and marina facilities; and WHEREAS, the City Administration recommends approving this Resolution, as it generates revenue, supports the Ocean Park Fund, and provides positive marketing exposure for Dania Beach while ensuring all safety and permitting requirements are met. 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 City Commission approves a reduced parking rate agreement and acknowledgment of filming activities coordinated through Film Lauderdale, a department of Broward County, for a two-day production within the City of Dania Beach by Sterling Virgil III, LLC. 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 in force and take effect immediately after passage and adoption. SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2026-026 PASSED AND ADOPTED on February 24, 2026. Motion by Commissioner Rimoli, 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 PARKING SPACE USE AND REDUCED RATE AGREEMENT (BEACH AND MARINA FILM PRODUCTION) This Parking Space Use and Reduced Rate Agreement (“Agreement”) is made and entered into on __________________, 2026, by and between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), and Sterling Virgil III, LLC, a New York limited liability company (“Producer”). Recitals A. Producer has obtained or is in the process of obtaining all required filming approvals through Film Lauderdale and the City’s Special Event process for a two-day film production within the City. B. The City’s current beach parking rate is established by Resolution No. 2023-088. C. The City Commission, by Resolution, has authorized a reduced parking rate for this production due to the volume of parking requested and the promotional value to the City. D. The parties desire to set forth the terms under which Producer may utilize designated parking spaces at the reduced rate. 1. Dates and Locations Producer is authorized to utilize designated public parking spaces on the following dates and locations: • February 27, 2026 – Beach area north of the Pier (100 spaces) • March 2, 2026 – Marina area (113 spaces) Exact parking areas and any necessary block-offs shall be coordinated in advance with the City’s Public Services and Police Departments. The City reserves the right to adjust final placement for operational, safety, or emergency needs. 2. Number of Spaces Producer is authorized to reserve: • 100 spaces on February 27, 2026 • 113 spaces on March 2, 2026 Total authorized spaces: 213 This authorization is limited to the dates and quantities stated above. 2 3. Reduced Rate and Payment A. The City Commission has authorized a one-time reduced parking rate of $46.95 per space per day, solely for the dates, locations, and number of spaces identified in this Agreement. B. This reduced rate constitutes a deviation from the parking fees established under Resolution No. 2023-088 and is expressly limited to this production. No future rate reduction shall be implied or established by this Agreement. C. The total parking fee for 213 spaces across both authorized dates shall be Ten Thousand Dollars ($10,000.00), payable in full no later than five (5) business days prior to February 27, 2026. D. The reduced rate is conditioned upon advance payment in full. If payment is not timely received, or if additional spaces or dates are requested, the City’s standard adopted parking rates shall apply unless separately approved by the City Commission. E. The fee is based on reservation of spaces, not actual occupancy. No reduction shall apply if fewer spaces are ultimately utilized. 4. Temporary License; No Property Interest A. This Agreement grants Producer a limited, non-exclusive, revocable license to utilize designated parking spaces solely for the dates and purposes identified herein. B. This Agreement does not create and shall not be construed as creating a leasehold interest, easement, exclusive possession, tenancy, or any other real property right. C. The City retains full authority over the parking facilities and may modify, restrict, or revoke this license, in whole or in part, if necessary for public safety, emergency response, governmental operations, or other municipal purposes. D. Nothing herein shall be deemed a waiver of the City’s governmental authority, police powers, or sovereign immunity under Florida law. 5. Compliance with Laws, Permits, and Operational Requirements A. Producer shall obtain and maintain all required permits and approvals for filming activities, including all approvals issued through Film Lauderdale and the City’s Special Event process. B. Producer shall comply with all applicable federal, state, county, and municipal laws, ordinances, regulations, and permit conditions. 3 C. Producer shall comply with all reasonable directives issued by the City’s Police Department, Public Services Department, Fire Department, and authorized City representatives during the production period. D. Emergency access lanes and ADA-accessible parking requirements shall be maintained at all times unless otherwise specifically approved in writing by the City. E. Any required traffic control, signage, or public notification shall be coordinated with and approved by the City in advance. Failure to comply with this Section shall constitute a material breach of this Agreement. 6. Insurance and Indemnification A. Certificate of Insurance is attached as Exhibit “A” and is incorporated into this Agreement by this reference. B. All insurance shall remain in effect for the duration of the filming activities. No access to reserved parking areas shall be permitted until required certificates are received and approved by the City. C. Producer shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses, including reasonable attorney’s fees, arising out of or resulting from Producer’s use of the parking areas, including the acts or omissions of Producer’s employees, agents, contractors, or subcontractors, except to the extent caused by the City’s sole negligence. D. Nothing in this Agreement shall be construed as a waiver of the City’s sovereign immunity under Florida law. 7. Damage; Inspection; Restoration A. Producer shall use the parking areas in a careful and workmanlike manner and shall not damage pavement, striping, signage, meters, lighting, landscaping, irrigation systems, utilities, or other City infrastructure. B. The City reserves the right to inspect the parking areas before and after the authorized use period. Any damage attributable to Producer’s activities shall be repaired or restored at Producer’s sole expense. C. Producer shall remove all equipment, cones, signage, debris, and materials and restore the parking areas to substantially the same condition existing prior to use no later than two (2) hours following completion of filming on each date. 4 D. If Producer fails to promptly repair or restore damaged areas to the City’s satisfaction, the City may perform such repairs and invoice Producer for all associated costs. Payment shall be due within thirty (30) days of invoice. E. Producer shall remain responsible for latent or subsequently discovered damage arising from its use of the parking areas. 8. Cancellation; Reservation Basis; Refunds A. The parking fee is based upon reservation of designated spaces and not actual occupancy. No reduction shall apply if fewer spaces are utilized. B. If Producer cancels this Agreement more than seventy-two (72) hours prior to the first filming date, the City shall refund the full parking fee. C. If Producer cancels within seventy-two (72) hours of the first filming date, the City may retain documented, reasonable administrative costs incurred in preparation for the reserved parking, including but not limited to staff time, public notification, signage, and operational coordination. The remainder of the fee, if any, shall be refunded. D. If cancellation occurs after parking block-offs have been implemented or City personnel have been deployed, the City may retain reasonable costs associated with such deployment. E. Any rescheduling due to weather shall be subject to availability and written approval by the City. The City shall have sole discretion to determine whether cancellation is required for public safety. F. In the event the City cancels or modifies access pursuant to Sections 11 or 12 of this Agreement, the City’s sole obligation shall be to refund any unused portion of the parking fee, and the City shall not be liable for consequential damages. 9. No Precedent; Reservation of Discretion A. The reduced rate authorized under this Agreement is specific to the production, dates, and number of parking spaces identified herein and is approved pursuant to the Resolution adopted at the February 24, 2026 Commission Meeting. B. Nothing in this Agreement shall be construed as amending, modifying, or superseding the parking rates established under Resolution No. 2023-088, which shall remain in full force and effect except as expressly authorized herein. C. The City reserves sole and absolute discretion to approve or deny any future request for reduced parking rates, and no party shall have any expectation of similar treatment based upon this Agreement. 10. Effective Date 5 This Agreement becomes effective upon execution by both parties and approval by the City Commission. 11. Default; Suspension; Termination A. The City may suspend or terminate this Agreement, in whole or in part, upon written notice if Producer: 1. Fails to remit required payment; 2. Fails to maintain required insurance; 3. Violates applicable laws or permit conditions; 4. Fails to comply with City directives issued pursuant to this Agreement; or 5. Otherwise materially breaches any provision of this Agreement. B. The City may immediately suspend access to reserved parking areas if, in the City’s sole judgment, Producer’s activities create unsafe conditions or interfere with emergency operations. C. In the event of termination or suspension due to Producer’s breach, Producer shall not be entitled to any refund and shall remain responsible for all costs incurred by the City as a result of such breach. D. Termination or suspension shall not limit any other remedies available to the City at law or in equity. 12. Force Majeure; Governmental Authority A. The City’s obligations under this Agreement shall be suspended or excused, in whole or in part, in the event of weather events, hurricanes, tropical systems, declared local, state, or federal emergencies, acts of God, utility failures, civil disturbances, public safety incidents, governmental orders, or any other circumstances beyond the City’s reasonable control. B. In such event, the City may modify, suspend, or revoke the license granted herein without liability for damages, including but not limited to production delays, lost profits, or consequential damages. C. The City’s exercise of its police powers or governmental authority shall not constitute a breach of this Agreement. D. In the event of cancellation pursuant to this Section, the City’s sole obligation shall be refund of any unused portion of the parking fee. 14. Limitation of Liability; Sovereign Immunity 6 A. To the fullest extent permitted by law, the City shall not be liable to Producer for any indirect, incidental, consequential, special, exemplary, or lost-profit damages arising out of or relating to this Agreement, including but not limited to production delays, lost revenue, or loss of business opportunity. B. Nothing in this Agreement shall be construed as a waiver of the City’s sovereign immunity under Section 768.28, Florida Statutes, or as consent by the City to be sued by third parties. Any liability of the City shall be strictly limited to the extent and monetary limits set forth in Section 768.28, Florida Statutes. C. Nothing in this Agreement shall be interpreted to increase, expand, or modify the City’s liability beyond that provided under Florida law. 15. Independent Contractor; No Agency A. Producer is an independent contractor and is not an agent, partner, joint venturer, or employee of the City. B. Producer shall have no authority to bind the City, incur obligations on behalf of the City, or represent to any third party that it is acting on behalf of the City. C. Producer shall be solely responsible for the acts and omissions of its employees, agents, contractors, and subcontractors. D. Nothing in this Agreement shall be construed to create any employment, partnership, or joint venture relationship between the parties. 16. Entire Agreement; Amendments; Authority A. This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior negotiations, representations, or understandings, whether written or oral. B. No amendment, modification, or waiver shall be valid unless in writing and approved by the City in accordance with applicable law and municipal procedures. C. No statement, email, or course of conduct by any City employee shall be deemed to modify this Agreement unless formally approved and executed by authorized City officials. D. If any provision is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates set forth below. CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED FOR FORM AND CORRECTNESS: EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 8 PRODUCTION COMPANY: Sterling Virgil III, LLC a New York Limited Liability Company Signature Signature PRINT Name PRINT Name Signature TITLE PRINT Name STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on _____ , 2026, by ___ _________ , as of STERLING VIRGIL III, LLC, a New York limited liability company. He/she is personally known to me or has produced as identification. NOTARY PUBLIC State of My Commission Expires: