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HomeMy WebLinkAboutR-2005-166 Sheridan House Agreement RESOLUTION NO. 2005-166 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE, INDEMNIFICATION AND WORK AGREEMENT ON BEHALF OF THE CITY WITH SHERIDAN HOUSE,INC.,A NOT FOR PROFIT FLORIDA CORPORATION,TO ALLOW IT TO RETAIN AN ENTRANCE GATE LOCATED WITHIN A CITY RIGHT-OF-WAY;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a Maintenance, Indemnification and Work Agreement on behalf of the City with Sheridan House, Inc., a not for profit Florida corporation, to allow it to retain an entrance gate located within a City right-of-way. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper and in the best interest of the City. 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 That all resolutions or parts of resolutions in conflict with this Resolution are • repealed to the extent of such conflict.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 upon passage and adoption. PASSED AND ADOPTED on December 13, 2005. ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES ,,LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO F AND CORRECTNESS BY: + THOM� S J. A B CITY ATTORNEY E CITY OF MANIA BEACH MEMORANDUM TO: Mayor and Commission Larry Leeds, Community Development Director Dominic Orlando, P.E., Public Services Director CC: Ivan Pato, City Manager FROM: Thomas J. Ansbro, City Attorney DATE: November 29, 2005 RE: Request by Sheridan House, Inc., for a Maintenance, Indemnification and Work Agreement; Request to Retain an Entrance Gate within a Right-Of-Way at 4200 SW 54`h Court • Attached is a memorandum I sent to each of you on October 14 of this year, outlining the request of Sheridan House Family Ministries pertaining to property it operates at the referenced address. The item was previously agendaed but "pulled" since certain back-up information had not been timely received. All necessary documents have now been received. In addition to the referenced Agreement, to be approved by resolution (copy attached), we have received the required insurance certificate, photographs and exhibits to be attached to the Agreement. 'This is now ready for City Commission approval (adoption of the resolution). TJA:slw Attachments CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission Larry Leeds, Community Development Director Dominic Orlando, P.E., Public Services Director FROM: Thomas J. Ansbro, City Attorney DATE: October 14, 2005 RE: Request by Sheridan House, Inc., for a Maintenance, Indemnification and Work Agreement; Request to Retain an Entrance Gate within a Right-Of-Way at 4200 SW 541h Court ' I received a request from the Sheridan House to allow it to retain an entrance gate it installed some time ago, adjacent to the property it owns at the location identified above. Originally, since the property was located in unincorporated Broward County, the County authorized the installation of the gate, which occupies a portion of the future right-of-way in front of the site. As a result of the last annexation, the roadway was transferred to the City and the applicant has requested that the City allow it to retain and maintain the existing gate. 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'� ��:;`'�� c'*Y � `' ">• ' ' 1`hz. ♦.�e ;. tt,Y,: f �3.,. t�,,,;� i�, r�4,,,a ��� r e s*�. k,�, ak Cy„ .r MAINTENANCE, INDEMNIFICATION AND WORK AGREEMENT 09 THIS IS A Maintenance, Indemnification and Work Agreement ("Agreement") entered into on;,, e=E,_�i 2005, between Sheridan House, Inc. a not for profit Florida corporation ("Owner), the address of which is 4200 SW 54`h Court, Fort Lauderdale, Florida 33314, and the City of Dania Beach (the "City"). WHEREAS, Owner owns, in fee simple, the tract(s) of real estate situated in the City legally described in Exhibit "A", and depicted on the relevant portion of the sketch attached as Exhibit `B", which tract(s) are collectively referred to as the "Owner Tract",- and WHEREAS, City owns, in fee simple, the tract(s) of real estate situated in the City also described on Exhibit "B" which tract(s) are collectively referred to as the "City Tract" or City has an easement across Owner Tract, which easement is referred to as the "Easement Premises". The City Tract and Easement Premises shall be collectively referred to as the "City Tract/Easement Premises", as applicable; and WHEREAS, prior to the City's annexation of the subject property, Owner received Broward County's consent to construct an entrance gate on the Easement Premises; and WHEREAS, since Broward County has transferred to the City the Tract/Easement Premises, Owner now seeks, at Owner's expense, to maintain the entrance gate in its current location; and WHEREAS, Owner does not seek to further modify the entrance gate or construct any additional signage or other structures within the City Tract/Easement Premises; NOW, THEREFORE, in consideration of the other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. City grants Owner the right to maintain an entrance gate in the City Tract/Easement Premises. This Agreement shall be for a term of ten (10) years from the date first appearing above. If Owner seeks to renew the term it shall request a renewal at least ninety (90) days before the term expires, provided, however, that City is under no obligation to renew it. 2. Owner agrees that the entrance gate will conform with all requirements of applicable building and zoning codes and Owner agrees to obtain all of the necessary permits and approvals that may be necessary. 3. Owner agrees to pay all costs and expenses of maintaining the City Tract/Easement Premises and the entrance gate in good repair. The repairs and maintenance to be undertaken and performed shall include but not be limited to keeping 1 of the entrance gate free of rust and well-maintained and the ground surface level and in good condition. 4. Indemnification: Owner agrees that any liability of City for personal injury to, death of or property loss of users of the City Tract/Easement Premises or to any workmen employed by Owner with respect to repair or maintenance under this Agreement, as well as any liability for damage to the City Tract/Easement Premises by any person or workman, as a result of or arising out of or under this Agreement, or in any way connected with the use of City Tract/Easement Premises shall be borne solely bythe Owner and Owner agrees to indemnify, defend, protect and hold City harmless from and against any and all costs, losses, liability and expenses arising directly or indirectly in connection with any liability claim, threatened claim, action, lawsuit or any other matter which City may be required to defend. 5. Insurance: Owner shall secure and maintain, at its own expense, and keep in effect during the full term of this Agreement, a policy or policies of insurance, which must include the following coverages and minimum limits of liability specifically reflecting and including coverages for all acts, activities and omissions in any way arising out of the existence and maintenance of the entrance gate: a. If the entrance gate is being serviced or maintained, the service or maintenance provider (the "Contractor") must maintain Workers' Compensation Insurance meeting statutory limits. The Contractor's Liability Insurance shall provide a minimum of One Hundred Thousand ($100,000.00) Dollars per incident. Owner agrees to be responsible for the employment, conduct and control of Contractor's employees and for any injury sustained by such employees in the course of their employment at the site.. This provision shall only be effective during such period(s) of time that Owner has engaged a Contractor to maintain or service the gate. b. Comprehensive General Liability (occurrence form) with the following minimum limits of liability with no restrictive endorsements: $100,000.00 per person or $200,000.00 per occurrence Combined Single Limit Bodily Injury and Property Damage Coverage. Moreover, Owner shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: a. Premises and Operations. b. Independent Contactors. c. Builder's Risk. is 2 of 5 6. Upon contract execution, Owner shall submit to City copies of its certificate(s) of insurance evidencing the required coverages and specifically providing that the City of Dania Beach is an additional named insured or additional insured with 40 respect to the required coverages and the operations of owner under the agreement. Insurance companies selected must be acceptable to City. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days' written notice has been given to City by certified mail. 6.1 These insurance requirements shall not relieve or limit the liability of Owner. City does not in any way represent that the types and amounts of insurance required are sufficient or adequate to protect Owner's interests or liabilities but are merely minimum requirements established by the City. City reserves the right to require any other insurance coverages that City deems necessary depending upon the risk of loss and exposure to liability. 6.2 All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against City with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above described insurance. 6.3 Owner shall ensure that any company issuing the specified insurance shall have no recourse against City for payment or assessments in any form on any policy of insurance. 6.4 The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an Occurrence, Claim or Suit" as it appears in any policy of insurance in which City is named as an additional named insured shall not apply to City. City shall provide written notice of occurrence within thirty (30) working days of City's actual notice of such an event. 6.5 The Owner shall not commence performance of its obligations under this Agreement until after it has obtained all of the minimum insurance described in this Agreement and the same has been approved by City. 6.6 Violation of any of the terms of Section 6 shall constitute a breach of the Agreement and City, at its sole discretion, may terminate this Agreement. 7. Owner warrants and represents that Owner has good and marketable fee simple title to the Owner Tract, subject only to the permitted encumbrances recorded in the Public Records. 8. Either party may enforce this instrument by appropriate action in the courts of Broward County, Florida, and the prevailing party in any such action shall be entitled to attorneys' fees and costs in all levels of court proceedings. 3 of 5 9. This Agreement shall be given a reasonable construction so that the intention of the parties to confer a usable right of enjoyment and use with respect to the City Tract/Easement Premises is carried out. 10. Notwithstanding anything in this Agreement to the contrary, the City may terminate this Agreement without cause by providing the Owner thirty (30) days' written notice and through the subsequent execution and recording of a document setting forth the date of such termination, executed by the City. 11. This Agreement shall be a covenant running with the land and shall be binding upon and inure to the benefit of the owners or lessees of the Owner Tract (or any portion of it), and their successors and assigns. 12. Recording. This Agreement shall be recorded at Owner's expense and Owner's signature must be acknowledged by a Notary Public. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year fist above written. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON ANNE CASTRO CITY CLERK MAYOR IVO PATO, OfTY MANAGER APPROVED FOR FORM AND CORRECT SS. THO AS J. ;XNSB O CITY ATTORNEY 4 of 5 WITNESSES: Sheridan House, Inc., a not for p -ofit Florid oration William illiam C. Sta ions, Vice President Signature Prin -Name A1014%q '-AdA rgnature Z �,� Print Name (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me one�- , --6-, 2005,by William C. Stallions as Vice President of the Sheridan House, Inc., a not for profit Florida corporation, on behalf of the corporation. Such person is personally known to me (or produced thi(,--2: 3' as identification) and did did_ntake an oath. NOTARY PUBLIC, State of Florida My commission expires: e)//I- iMIRIAM MASSER N, otaty Public,State 01 Fftfida my comm. exp.July 9.=7 Comm. No. DD 23OM4 5 of 5 EXHIBIT "A" All of Parcel "A" of SHERIDAN HOUSE PLAT; according to the Plat thereof recorded in Plat Book 105, Page 50, of the Public Records of Broward County, Florida. And Beginning 35 feet west of the Northeast (NE) corner of tract 9, Section 36, Township 50 South, Range 41 East; thence run South 332.02 feet; thence West 224.55 feet for the Point of Beginning; thence continue West 228 feet; thence North 127.5 feet; thence East 288 feet; thence South 127.5 feet to the Point of Beginning. Said lands situate, lying and being in Broward County, Florida and containing 36,720 square feet (0.843 acres) more or less. _jKErCN .allo oEScRiv ION Foe �..r EXHIBIT 'B' SHERIDAN HOUSE AOR SO Y5 • DESCRIPTION: A portion of Southwest 54th Court right-of-way as dedicated by I "SHERIDAN HOUSE PLAT" according to they Plat thereof a5 recorded in Plat Book 105, Page 50 of the Public Records of Broward County, Florida, said portion being more particularly described as follows: COMMENCE ast the Northeast corner of Parcel 'A' of said Plat; thence on a Grid North bearing-of South 87"40'48" best along the North line of said Parcel 'A' a distance of 90.00 feet to the POl\T OF BEGINNING; thence continue South R7049'48" West along said North line a distance of 37.90 feet to a point of curvature of 455.37 foot radius curve, concave to the North; thence Westerly along said curve and said North line through a central tingle of SeteE i`'3o 11000'01" an arc distance of 87.43 feet to a point of reverse curvature of a 335.37 foot radius curve, concave to the South; thence Westerly along said curve and said North line through a central angle of 02038' 10" an arc distance• of 1-5.43 feet; thence PROTECT North 02010' 12" West a distance of 1 .54 test; thence North "" SITE 87"49'48" East a distance of 140.00 feet; thence South �)1"10' 12" li East a distance of 12.50 feet to the POINT OF BEGINNING, a• "''° a W l; Said lands situate, lying and being in Rroivard County, Florida and 4 ', ra�y �•�� containing 1 ,361 square feet. 01-031 .icres) more or less. Loc4r/od MAP --�_ Se Ys SEe 3L-so-¢l _ SrREEr U) 3 ?d � h o;P - a 2t, M 87°49.48"E qo a iao.00' o P.D.C. Urn l rY i • NE CQPNFQ EASEMENT Q!333.37' �4-11-O!0,01,, ,�< 43' �: PARCELQ -�'455.37- 97.90 •n / 2 '-5 47'49'4e'W-;• 9o.0o' V J N. LINE 5871¢948 iM h� LU iARc& :4 vJ C MEMO: this or Pr inIiCee�bq/tv of tA/ _ i Itl CumaAf Ctory in Cil la N I WNT Co __j Ln �•r• ••-- �� �•�� ar'—o,uwn ano drown msu I o.mnn:VHniam L;.StallorlS Date: 1 1/152005 09'52 AM Page:2 of 6 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID F DATE(MMIDONYYY) 9HERI-0 11/15/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Ft. Lauderdale FL 33310-5727 Phone: 954-776-2222 Fax:954-776-4446 INSURERS AFFORDING COVERAGE INAIC# INSURED INS Insurance IN-SURER A. Philadelphia Insurae Company 23850 Sheridan House, Inc. DBA Sheridan House Family INSURERS T- I _.k American Insurance Co ( 33138 Ministries Attn: William C. Stalions INSURER- aridgefield naPloyers Ins. Co. 10701 4200 S.W. 54 Court INSURER Fort Lauderdale FL 33314 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE(MMMONY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 DAMAGE TC RENTED A X X COMMERCIAL GENERAL LIABILITY PHPK087822 07/10/05 07/10/06 PREMISES(Ea occurence) $ 100000 CLAIMS MADE I X I OCCUR MED EXP(Any one person) 5 5 0 0 0 PERSONAL BADVINJURY $1000000 GENERALAGGREGATE S 2000000 GEVL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2000000 POLICY -JJECT LOC Ben. 1000000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUTO PHPK087822 07/10/05 07/10/06 (Eaaccidert) S 1000000 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON CWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per a cddent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESSJUMBRELLA LIABILITY EACH OCCURRENCE 52000000 A �Or-CUR CLAIMS MADE PHUB033393 07/10/05 07/10/06 AGGREGATE s2000000 s E DEDUCTIBLE X RETENTION $10000 WCTT WORKERS COMPENSATION AND X TORY UMT1U I ER C EMPLOYERS'LIABILITY ANY PROPRIETOWPARTNER/D(ECUTIVE 083015738 04/01/06 04/01/06 EL.EACH ACCIDENT s 100,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S 100,000 If Yes,descnbe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT s500,000 OTHER A D&O PHSD143095 07/10/05 07/10/06 D&O 1,000,000 B Property LHD342119 07/10/05 07/10/06 TIV 2 ,024,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The Certificate Holder the City of Dania Beach is named additional Insured with regards to General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION CITYDAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 100 W. Dania Beach Blvd.City of Dania Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Dania FL 33004 REPRESENTATIVES. AUTHORR RESI54KMTIVE ACORD 25(2001108) ©ACORD CORPORATION 1988