HomeMy WebLinkAboutR-2006-045 FEC Sewer Main Base Rental Increase RESOLUTION NO. 2006-045
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
ENTER INTO AN AMENDMENT TO A LEASE AGREEMENT EXISTING
BETWEEN THE CITY AND THE FLORIDA EAST COAST RAILWAY, L.L.C.
("FEC"), FOR THE RENEWAL OF THE TERM OF A LEASE OF A
SUBSURFACE PORTION OF THE FEC RIGHT-OF-WAY LOCATED
BETWEEN NW 3RD STREET AND NW 3RD PLACE FOR CITY USE OF A
TEN INCH SEWER MAIN; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City staff has determined that it is necessary to renew the term of a lease of
a subsurface portion of FEC railroad track right-of-way located between NW 3`d Street and NW
3`d Place for use of a ten inch sewer main;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the proper City officials are authorized to enter into an amendment to
an existing lease agreement with FEC pertaining to a subsurface portion of FEC railroad track
right-of-way located between NW 3`d Street and NW 3`d Place for use by the City of a ten inch
sewer main.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the Amendment to the Lease Agreement which are deemed necessary and proper for
the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
shall be repealed to the extent of such conflict.
• Section 4. That this Resolution shall be in force and take effect retroactively to
February 6, 2006.
PASSED AND ADOPTED on February 28, 2006.
a,,�
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER BERTINO - YES
LOUISE STILSON, CMC COMMISSIONER MCELYEA - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FO AND CORRECTNESS
BY: '
THOM S J ANS IW
CITY ATTORNEY
2 RESOLUTION #2006-045
fEC
Florida East Coast
R A I L W A Y, L.L.C.
• M.O. "Mike"Bagley
Director
Industrial Development& Real Estate
December 19,2005
File: 346-9-8
DANL4: Lease of Space for Parallel Encroachment of Sewer Main M 345+2497;MP 345+2927'f
Mr. Thomas J. Ansbro
City Attorney
City of Dania Beach
3107 Stirling Road,Suite 300
Fort Lauderdale, Florida 33312
Dear Mr.Ansbro:
As part of the Railway's ongoing Lease review and revision program,rentals for Railway's property are periodically
amended to reflect changing economic conditions. Additionally, new terms and conditions are added to reflect the
changing needs of the customer and the Railway. Accordingly,your Lease has been amended to include a new rental
charge as set forth below:
Your base rental will be increased to$1,850.00 annually,plus Florida Sales and
• Use Tax. effective February 7,2006,and you will thereafter be billed accordingly.
All other terms and conditions of the Agreement will remain unchanged and in full force and effect. Kindly
acknowledge your acceptance of this amendment by endorsing and returning one executed original to the
undersigned prior to the effective date.
Your prompt handling and return is requested.
Sincerely yours,
! �/X
Michael O.B/ley/, irector
Industrial Development& Real Estate
/a
AMENDMENT TO AGREEMENT ACKNOWLEDGED AND ACCEPTED:
This _day of �% ,r r 200L_
By:
Print Name and Title: �i�A,,/ /� rJ._,��• ,� n
TJOA
��' nn 11�cc: Ms. Bonnie Seyle �, f f il'V) �
Mrs. Christy Stewart
Ph: (904)826-2269•Fax: (904)826-2322 I;AA,l y
One Malaga Street .P. 0. Box 1048 -St.Augustine, FL .32085-1048
r-i T LOFTJDA
1 i
March 2, 2006
Michael O. Bagley, Director
Industrial Development & Real Estate
Florida East Coast Railway, L.L.C.
P.O. Box 1048 (One Malaga Street)
St. Augustine, FL 32085-1048
RE: Amendment to Lease of Space for Parallel Encroachment of Sewer Main between
the City of Dania Beach and Florida East Coast Railway, LLC
Dear Mr. Bagley:
On February 28, 2006, the Dania Beach City Commission adopted Resolution No. 2006-
045, approving the above Amendment, a copy of which is attached.
Enclosed for your records, you will find one original Amendment duly executed by the
City of Dania Beach.
If you have any questions regarding this Amendment, please contact Thomas J. Ansbro,
City Attorney, at 954-924-3635.
Sincerely,
Miriam Nasser
Deputy City Clerk
Enclosures
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.El.us
e
•
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commission
CC: Ivan Pato, City Manager
Patty Varney, Finance Director
FROM: Thomas J. Ansbro, City Attorney
DATE: February 21, 2006
RE: Renewal of City-Florida East Coast Railway "Lease of Space for Parallel
Encroachment of Sewer Main"
• It is necessary to renew the terms of a long-standing lease arrangement between the
City and the FEC, dating from the 1970's, which gives the City subsurface rights to use of a
portion of the railroad track right-of-way located between NW 3`d Street and NW 3`d Place (for
use of a 10 inch sewer main).
In pertinent part, the Lease will provide for a one year term retroactive to February 6,
2006 and rent is payable at the rate of$1,850.00 per year.
The remainder of the Agreement contains standard provisions required by the Railway.
This is now ready for approval by the City Commission (via resolution).
TJA:slw
Attachment
•