HomeMy WebLinkAboutR-2026-032 Limited Use Parking License Agreement - Special Needs Group IncRESOLUTION NO. 2026-032
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A LIMITED USE LICENSE AGREEMENT WITH SPECIAL
NEEDS GROUP INC. TO USE THE PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF NORTHWEST FIRST STREET AND
NORTHWEST THIRD AVENUE FOR CITY SPONSORED EVENT
PARKING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, City Administration is requested to enter into a limited use agreement with
Special Needs Group Inc., for use during special events held by the City; and
WHEREAS, the property owner currently owns the vacant land at the southwest corner
of NW 1st Street and NW 3rd Avenue; and
WHEREAS, the parties acknowledge and agree that no monetary license fee shall be
charged for the rights granted under this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That on March 10, 2026, the City Commission authorized the proper City
officials to execute a limited use license Agreement with Special Needs Inc. which will allow use
of vacant land at the southwest corner of Northwest 1st Street and Northwest 3rd Avenue for use
of overflow parking during special events hosted by the City.
Section 2 That the City’s use of the Premises shall be strictly limited to vehicle
parking only, subject to the following:
• One (1) day per month, from 5:00 p.m. to 12:00 a.m.
• Up to eight (8) total days per calendar year
• Dates shall be scheduled by mutual agreement with reasonable advance notice
Section 3. That the City Manager and City Attorney are authorized to make revisions
to such Agreement as are deemed necessary and proper in the best interests of the City.,
including but not limited to the number of spaces and the base use fee amount, which amount
shall be within the City Manager’s expenditure authority.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
RESOLUTION #2026-032 2
Section 5. That this Resolution shall take effect immediately after passage and
adoption.
PASSED AND ADOPTED on March 10, 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
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LIMITED USE LICENSE AGREEMENT
This Limited Use License Agreement (“Agreement”) is made and entered into March __, 2026
(“Effective Date”), by and between CITY OF DANIA BEACH, a Florida municipal corporation
(“City” or “Licensee”), and Garnett Real Estate Holdings, LLC and Special Needs Group, Inc, a
Florida corporation located at 302 NW 1st Street, Dania Beach, Florida 33004 (collectively,
“Licensor”), for good and valuable consideration as stated herein.
1. Licensed Premises
Licensor hereby grants the City a limited, non-exclusive license to use property located at the
vacant lot situated at the southwest corner of NW 1st Street and NW 3rd Avenue, Dania Beach,
Florida 33004, Property ID No. 5042-34-00-0493 (“Premises”), solely for temporary vehicle
parking, and for no other purpose whatsoever.
2. Term
The term of this Agreement shall be two (2) years, commencing on March __, 2026, and
terminating on March __, 2028, except as provided in Section 4(f), unless earlier terminated
as provided herein.
3. Permitted Use; Schedule
The City’s use of the Premises shall be strictly limited to vehicle parking only, subject to the
following:
• One (1) day per month, from 5:00 p.m. to 12:00 a.m.
• Up to eight (8) total days per calendar year
• Dates shall be scheduled by mutual agreement with reasonable advance notice
No other use, activity, or occupancy of the Premises is permitted. No events, sales, staging, storage,
food or beverage service, alcohol service, valet operations, or public assembly are authorized.
4. Consideration
The parties acknowledge and agree that no monetary license fee shall be charged for the rights
granted under this Agreement. The consideration supporting this Agreement consists of the
mutual covenants and understandings of the parties, including, but not limited to, the
following:
(a) the City’s agreement to limit its use of the Premises strictly to temporary vehicle parking
and to comply with all restrictions set forth herein;
(b) the City’s assumption of responsibility for managing the authorized parking activity during
the approved dates and times, including the presence of City personnel on-site during such use,
including but not limited to ensuring safe egress and ingress from the parking lot, safe traffic
flow, adequate and safe signage and/or traffic personnel, sufficient lighting and signage and
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traffic control devices (including but not limited to traffic cones, gates, or other devices) and
operational procedures to ensure safety during permitted use;
(c) the City’s agreement to obtain and maintain insurance coverage for a minimum amount of
$2 million (and provide an insurance certificate or declaration page showing both Licensor
entities as additional insured), covering premises liability, automobile and vehicle related
liability, personal injuries, and general liability, for its use of the Premises during the
authorized days and hours, without imposing insurance obligations or requirements on the
Licensor;
(d) the City’s agreement to clean the Premises following each authorized use and return the
Premises in substantially the same condition as received, reasonable wear and tear excepted;
and
(e) the Licensor’s agreement to make the Premises available to the City on a limited, non-
exclusive basis as a courtesy and accommodation, with no ongoing duties, costs, or operational
responsibilities imposed on the Licensor;
(f) During the Term of this Agreement, which shall be two (2) years, the City agrees that
Licensor, and its agents, invitees, employees, customers, contractors, and guests, may utilize
the swale adjacent to the Premises and the swale area adjacent to the premises of SNG at 302
NW 1st Street, Dania Beach (ID #5042-34-01-1470), including but not limited to the swale
area to the north and east of said building (collectively, the “Swale”), for parking purposes.
The City acknowledges that the Licensor shall have a period of two (2) years from the
Effective Date of this Agreement to obtain any required approvals and to complete any
improvements necessary to bring the Swale into compliance with applicable City codes and
regulations for parking purposes.
During such two-year period, the City shall refrain from issuing parking citations, fines, or
enforcement actions solely related to parking within the Swale, provided that such use does
not create a safety hazard or obstruct required rights-of-way or utilities.
This subsection provides a temporary accommodation only and shall not constitute, nor be
interpreted as, a permanent variance, waiver, or amendment to any City code, ordinance, or
regulation. Upon expiration of the two-year period or termination of this Agreement,
whichever occurs first, all parking within the Swale must comply with applicable City codes
and regulations.
Licensor shall also be entitled to park on the vacant lot situated at the southwest corner of NW
1st Street and NW 3rd Avenue, Dania Beach, Florida 33004, Property ID No. 5042-34-00-
0493 (“Premises”), solely for temporary vehicle parking, for the duration of the license
agreement.
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5. City Responsibilities
On each day of authorized use, in addition to the City’s other obligations in this Agreement,
the City shall be responsible for:
(a) Cleaning the Premises following the City’s use and returning the Premises in
substantially the same condition as received, reasonable wear and tear excepted; and
(b) Ensuring that City personnel are present during the authorized period of use.
6. Insurance
The City shall be solely responsible for procuring and maintaining insurance coverage for a
minimum amount of $2 million (and provide an insurance certificate or declaration page showing
both Licensor entities as additional insured), covering premises liability, automobile and vehicle
related liability, personal injuries, and general liability, in connection with its use of the Premises
during the authorized dates and times set forth in this Agreement.
The Licensor shall have no obligation to obtain, maintain, or provide insurance coverage in
connection with the City’s use of the Premises, and shall not be required to name the City as an
additional insured under any policy.
7. No Leasehold Interest; Non-Exclusive Use
This Agreement constitutes a license only. No landlord-tenant relationship, easement, or real
property interest is created. The City retains exclusive possession and control of the Premises
at all times. The City does not guarantee the availability of any specific number of parking
spaces.
8. Sovereign Immunity
Nothing herein shall be construed as a waiver of the City’s sovereign immunity or the
limitations of liability set forth in section 768.28, Florida Statutes, or any other applicable law.
9. Vehicle Damage; Parking; Traffic Control
(a) Vehicle Damage. All vehicles parked on the Premises during the City’s authorized use are
parked at the sole risk of their owners. The Licensor shall not be responsible for any loss of or
damage to vehicles or their contents arising out of or related to the City’s use of the Premises.
(b) Parking Management and Access Control. The City shall be solely responsible for managing
and overseeing parking operations during the authorized use periods, including communicating
parking availability and restrictions to residents and visitors. The Licensor shall have no
responsibility for directing, enforcing, monitoring, or managing parking activities.
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(c) City Authority. The City retains the right to deny access, restrict parking, close areas, redirect
vehicles, or require removal of vehicles by their owners when necessary for public safety,
emergency access, or operational needs.
(d) No Bailment. No bailment, custodial, or special relationship is created between the Licensor
and any vehicle owner or operator by virtue of this Agreement or the City’s use of the Premises.
10. Compliance with Laws
The City shall ensure that all activities associated with use of the Premises during the permitted
use provided herein comply with all applicable federal, state, and local laws, ordinances, and
regulations.
11. Termination
Either party may terminate this Agreement for convenience, in whole or in part, upon written
notice to the other party. In the event of termination, the variance provision in Section 4(f)
shall survive in perpetuity.
12. Assignment
The Licensor may not assign or transfer this Agreement, in whole or in part, without the prior
written consent of the City, which may be withheld in the City’s sole discretion.
13. Force Majeure
Neither party shall be liable for failure to perform due to events beyond its reasonable control,
including acts of God, emergencies, or governmental orders, provided prompt notice is given.
14. Notices
All notices shall be in writing and delivered by email, hand delivery, or any other reasonable
method agreed upon by the parties. Notices shall be deemed given upon receipt. Either party
may update its notice contact information by providing written notice to the other party.
15. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Florida, with venue exclusively
in Broward County, Florida.
16. Entire Agreement; Tax Treatment
This Agreement constitutes the entire agreement between the parties and may be amended only
by a written document executed by both parties. The parties acknowledge that this Agreement
is intended to constitute a limited license for use, and not a lease of real property, for purposes
of contractual interpretation and tax treatment.
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17. Indemnification
The City shall defend, indemnify, and hold harmless Licensor from any and all liability arising
from or related to the activities of City, including any and all liability arising from or in
connection with the City’s licensed use of the Premises provided herein, and the City agrees
that it shall waive and not interpose or assert sovereign immunity against Licensor as a defense
to such indemnification.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
SIGNATURES ON THE FOLLOWING PAGES
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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 ANA M. GARCIA, ICMA-CM
CITY CLERK CITY MANAGER
APPROVED AS TO LEGAL FORM
AND CORRECTNESS
EVE A. BOUTSIS, CITY ATTORNEY
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WITNESSES: LICENSOR:
Special Needs Group, Inc.
a Florida corporation
GARNETT REAL ESTATE
HOLDINGS, LLC
Signature Signature
PRINT Name PRINT Name
Signature Title
Dated: ___________________, 2026
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______________________
as ________________________ of Special Needs Group, Inc., a Florida corporation, on behalf
of the corporation. He/she is personally known to me or has produced
as identification.
My Commission Expires:
Notary Public, State of Florida
Print Name