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Home My WebLink AboutR-2007-213 SFRT Humane Society Parking Agreement Amendment RESOLUTION NO. 2007-213 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE APRIL 23, 1999 LEASE AND EASEMENT AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, TO SUBLET THIRTY-FIVE (35) PARKING SPACES TO THE HUMANE SOCIETY OF BROWARD COUNTY ON SATURDAYS AND SUNDAYS; 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 an Amendment to the April 23, 1999 Agreement existing between the City of Dania Beach and the South Florida Regional Transportation Authority ("SFRTA") which Amendment will allow the SFRTA to sublet thirty-five (35) parking spaces to The Humane Society of Broward County ("HSBC") on Saturdays and Sundays, a copy of which Amendment is attached, marked as Exhibit "A" and incorporated into this Resolution by this reference. Section 2. The City Manager and City Attorney are authorized to make minor revisions to such Amendment as 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on October 23, 2007. A/74�/ � , Abil TO MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F RM�F ND CORRECTNESS: BY: TH MA J. SBRO CITY ATTORNEY 2 RESOLUTION #2007-213 Return to: (enclose self-addressed stamped envelope) Name: Siegel,Lipman, Dunay,Shepard & Miskel, LLP Address: 5355 Town Center Road Suite 801 Boca Raton,FL 33486 This Instrument Prepared by: Bonnie Miskel SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA FIRST AMENDMENT TO THE DANIA BEACH STATION LEASE AND EASEMENT AGREEMENT This First Amendment to the Dania Beach Station Lease and Easement Agreement is made this day of , 2007, by and between the City of Dania Beach, a municipal corporation existing under the laws of the State of Florida ("Dania Beach"), and the South Florida Regional Transportation Authority, a body politic and corporate, an agency of the State of Florida ("SFRTA or Tri-Rail"), as successor to the Tri-County Commuter Rail Authority pursuant to Section 343.54(2), Florida Statutes. RECITALS WHEREAS, Dania Beach and SFRTA have entered into a Dania Beach Station Lease and Easement Agreement dated April 23, 1999, which provides SFRTA with the use of City- owned land (the "Dania Parcel") for parking and uses related to operation and construction of a Passenger Station and access to the South Florida Rail Corridor; and WHEREAS, SFRTA has constructed the Passenger Station and the Dania Parcel has been continuously used by SFRTA for parking for the Passenger Station; and WHEREAS, the parking lot is currently at capacity for Tri-Rail passenger use during the weekdays, but still has excess capacity on the weekends; and WHEREAS, the Humane Society of Broward County ("HSBC") has requested that SFRTA allow HSBC shared use 35 parking spaces on Saturdays and Sundays in connection with the operation of its facility at 2070 Griffin Road, Fort Lauderdale, Florida 33312, adjacent to and immediately north of the Dania Parcel (the "HSBC Facility"); and 1 WHEREAS, HSBC has represented that it is requesting the use of the parking on the Dania Parcel in connection with the expansion of HSBC's Facility to comply with the City of Dania Beach's parking requirements for such expansion and intends to file a Site Plan with the City for such expansion; and WHEREAS, SFRTA is amenable to subletting a portion of the parking spaces on the Dania Parcel to HSBC as shared parking on weekends, subject to Dania Beach amending the Dania Beach Lease and Easement Agreement to allow SFRTA to sublet to HSBC for such purposes; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: 1. The foregoing statements are true and correct and hereby incorporated by this reference. 2. Dania Beach and SFRTA hereby agree to amend Paragraph 6 of the Dania Beach Station Lease and Easement Agreement as follows: 3. Use of Dania Parcel and Construction of Improvements. The Dania Parcel shall be used for parking and uses related to operation and construction of a Passenger Station and access to the South Florida Rail Corridor and for such other uses specified below. Tri-Rail may pave, repave, re-stripe and reconstruct roads,parking areas, curbs, landscaping, lighting, signage, install electricity and other Utility Services (defined in paragraph 12), as Tri-Rail deems necessary or appropriate within the Dania Parcel. Tri-Rail may also (but shall not be required to) install improvements at its own expense within the Dania Parcel that are related in Tri-Rail's reasonable opinion to Tri-Rail's operation of a Passenger Station, including without limitation, newsstands, elevators, bike lockers, lighting, restrooms, concession stands and kiosks, and passenger-related commercial uses. Tri-Rail represents and warrants that the State of Florida Department of Management Services ("DMS") has jurisdiction over all structural and building aspects of improvements to be constructed on the Dania Parcel and the South Florida Rail Corridor and has sole jurisdiction for inspections of same in accordance with Florida law. Tri- Rail agrees to comply with all DMS Permit and rules and regulations of the DMS and other applicable State and Federal laws and regulations relating to the Dania Parcel and the South Florida Rail Corridor; as well as Dania Beach codes, laws and ordinances relating to the landscaping and signage improvements on the Dania Parcel and the South Florida Rail Corridor. After approvals are obtained from Dania Beach consistent with the foregoing, Dania Beach agrees to issue permits therefore in a timely manner and waive all fees in connection therewith. Should Tri-Rail desire to make any additional future improvements or alterations in the Dania Parcel, then Tri-Rail shall submit an outline and/or sketch of the improvements it desires to make to Dania Beach. Dania Beach shall have ten (10) business days after receipt, to review the drawing and/or outline to make sure that it is reasonably aesthetically compatible with the surrounding Businesses and uses. If Dania Beach fails to provide written notice to Tri-Rail of its 2 approval or disapproval of the aesthetics within said time frame, the intended improvements shall be deemed approved. If Dania Beach disapproves the intended improvements, then Dania Beach shall provide Tri-Rail with written comments as to exactly what would be acceptable. Dania Beach shall not unreasonably withhold approval of Tri-Rail proposed improvements. All improvements made by Tri-Rail shall be constructed in accordance with the permits issued by DMS and with Dania Beach codes, laws and ordinances relating to landscaping and signage. Tri- Rail shall keep and maintain all improvements on the Dania Parcel in good repair and in a reasonably aesthetically appropriate condition, clean and free of debris. Such maintenance shall include, but not be limited to, repairs, resurfacing, re-striping, cleaning and sweeping. Tri-Rail shall have the exclusive right under this Agreement to utilize the Dania Parcel. The parties agree to cooperate to provide each other with overflow parking to the extent feasible with respect to the adjacent parking lot to be constructed on City of Dania Beach property by BCCC. Tri-Rail may also sublet to HSBC, while HSBC continues to operate the HSBC Facility as an animal shelter, use of the Dania Parcel for the following purposes: a. HSBC, its agents, employees and volunteers, shall be permitted to park within a maximum of thirty-five 135) parking spaces to be designated by Tri-Rail in the sublease on Saturdays between the hours of 9:30 a.m. to 5:30 p.m.; and b. IISBC, its agents, employees and volunteers, shall be permitted to park within a maximum of thirty-five (35) parking spaces to be designated by Tri-Rail in the sublease on Sundays between the hours of 9:30 a.m. to 5:30 p.m.; and c. HSBC, its agents, employees, volunteers and invitees, shall be permitted to park upon the Dania Parcel on additional days, hours and numbers of parking spaces for special events to be held at the HSBC, but only upon prior notice and approval obtained by Tri-Rail's Executive Director prior to such special events." HSBC hereby agrees to indemnify and hold the City of Dania Beach and Tri Rail (including their elected or appointed officials, employees and agents) harmless from any act or omission directly or indirectly related to HSBC's use of the Property including such act or omission by any employee, agent, guest or invitee of HSBC. Tri-Rail may further condition the sublease with HSBC on such additional reasonable terms and conditions as it deems appropriate provided they are consistent with the Lease and Easement Agreement. 4. HSBC shall be required to obtain Site Plan approval reflecting among other Code requirements the pedestrian connection to the HSBC facility which connection shall comply with all City Code requirements including but not limited to safe and adequate access. This easement shall not commence until such time as the Site Plan is approved. 3 5. All other terms and conditions of the Dania Beach Station Lease and Easement Agreement remain in full force and effect. IN WITNESS WHEREOF the panics hereto have affixed their hands and seals. CITY OF DANIA BEACH a Florid municipal corporation EST d TOR- OM IONER CITY CLE C BY: C YM R APPROVED AS TO FO AND CORREC I SS: SOUTH FLORIDA REGIONAL CITY1 ATT RN HY TRANSPORTATION AUTHORITY BY: Name: Title: Signed, sealed and delivered in the presence of: Witness Witness Approved as to form and legal sufficiency by: SFRTA General Counsel 4 STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me this day of 2007, by , as of the South Florida Regional Transportation Authority. He is personally known to me or has produced as identification. Notary Public Name of Notary Printed: My commission expires: My commission number is: 5