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HomeMy WebLinkAboutR-1999-078eo- Y� r '1 F 4 ... t __. 4_. a, RESOLUTION NO. 78-99 RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, SOUTH FLORIDA TROLLEY COMPANY, INC., AND SOUTH FLORIDA TOURISM COUNCIL, INC., TO ADD THE EAST-WEST POMPANO BEACH ROUTE TO THE EXISTING NORTH-SOUTH EXTENSION; FURTHER, TO ADD THE EAST-WEST DANIA BEACH ROUTE TO THE EXISTING NORTH- SOUTH EXTENSION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, South Florida Trolley Company, Inc., South Florida Tourism Council, Inc. and the City of Dania Beach (the "City")entered into an agreement(the"Agreement') on March 12, 1999 for the provision of an alternative means of public transportation wherein the City has assumed the position of lead agency in a joint public/private partnership; and WHEREAS, the parties desire to enter into an amendment to the Agreement to add the East-West Pompano Beach route to the existing North-South Extension, and to add the East-West Dania Beach route to the existing North-South Extension, pursuant to that certain Amendment to Agreement Between South Florida Trolley Company, Inc., South Florida Tourism Council, Inc. and City of Dania Beach, Florida; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain Amendment to Agreement Between South Florida Trolley Company, Inc., South Florida Tourism Council, Inc. and City of Dania Beach, Florida, adding the East-West Pompano Beach route to the existing North-South Extension, a copy of which is attached to and made a part of this Resolution as Exhibit "A", and adding the East-West Dania Beach route to the existing North-South Extension, a copy of which is attached to and made a part of this Resolution as Exhibit "B", is approved and the appropriate City officials are hereby directed to execute same; provided, however, that 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, including, but not limited to, the inclusion of a damages clause in connection with any interruption of service to the City. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 78-99 i h T ti Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 11T" day of M" NWI3ERTINO �j MAYOR-COMMISSIONER ATTE>'#-.FiG�i SHERYLCHAPMAN ACTING CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: TH MA J. ANSSRO CITY ATTORNEY G:UPFILESICLIENTSIDANIAIOTHER MATTERSUROLLEY AMENDMENT TO 03.12-99 AGMT-MSW.RES.doc 05/07/99 2 RESOLUTION NO. 78-99 f L �C— r 7 AMENDMENT TO AGREEMENT BETWEEN SOUTH FLORIDA TROLLEY COMPANY, INC., SOUTH FLORIDA TOURISM COUNCIL, INC. AND CITY OF DANIA BEACH, FLORIDA This is an Amendment to Agreement (the "Agreement') made and entered into by and between South Florida Trolley Company, Inc., a Florida corporation, South Florida Tourism Council, Inc., a Florida not-for-profit corporation, and the City of Dania Beach, Florida, a Florida municipal corporation (the "City") (collectively, the 'parties"). WHEREAS, South Florida Trolley Company, Inc., South Florida Tourism Council, Inc. and the City entered into an agreement on March 12, 1999 for the provision of an alternative means of public transportation wherein the City has assumed the position of lead agency in a joint public/private partnership; and WHEREAS, the parties desire to amend the Agreement to add the East-West Pompano Beach route to the existing North-South Extension, as shown on the attached Exhibit"A"; and WHEREAS, the parties desire to amend the Agreement to add the East-West Dania Beach route to the existing North-South Extension, as shown on the attached Exhibit"B"; and WHEREAS, the parties also desire to add a provision to the Agreement providing for liquidated damages to be paid to City in the event of interruption of trolley service; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the parties agree as follows: 1. That Section Six, "Transit Route", is amended to read as follows: SECTION SIX TRANSIT ROUTE 6.1 The established route shall travel north and south along A1A with welcome centers in the cities of Pompano Beach, Lauderdale by the Sea, Fort Lauderdale and Dania Beach. The Trolley Service shall provide resort mode trolley transportation as found in Exhibit "A". Additionally, the existing North-South route is extended to include the Pompano Beach East-West route, as depicted on attached Exhibit "A". f 7 / and to include the Dania Beach East-West route, as depicted on attached Exhibit"B". 6.2 In addition to the designated intermediate stops, additional stops shall be permitted on the fixed route at the request of riders/customers or businesses with riders/customers waiting for pick up. The service shall connect with regular Broward County Bus Routes near U.S. 1, A1A and other approved major intersections along the route. 2. In the event that trolley service is or will be interrupted or ceases or will cease, and the Council knows or should be aware of such fact, and the Council does not promptly provide advance written notice to the City, the Council and South Florida Trolley Company, Inc. (the 'Trolley Company') agree that City shall be compensated for such service default at the rate of Three Hundred Dollars ($300.00) per day as liquidated damages until such service is fully restored in accordance with the provisions of the Agreement. The Council and the Trolley Company further agree that the total of any and all such amounts accrued in any month shall be deducted by the City from its payment the following month to the Council, pursuant to the terms of the Agreement. In case of any service interruption or cessation for any reason whatsoever, Council shall ensure that the Trolley Company promptly posts notices of such fact at all trolley stops so that patrons will not be inconvenienced. 3. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties and is incorporated into and made a part of this Amendment. 4. Except as otherwise set forth herein, the terms and conditions of the Agreement shall remain unchanged and in full force and effect between the parties. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to Agreement on , 1999. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: SHERYL CHAPMAN JOHN BERTINO ACTING CITY CLERK MAYOR-COMMISSIONER MICHAEL W. SMITH CITY MANAGER s- r, T 7 APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY SOUTH FLORIDA TOURISM COUNCIL, INC., a Florida not-for- profit corporation RALPH RIEHL, PRESIDENT STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Ralph Riehl, as President of South Florida Tourism Council, Inc., a Florida not-for-profit corporation, and acknowledged execution of the foregoing Amendment to Agreement as the proper official of said corporation, for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on , 1999. NOTARIAL SEAUSTAMP: Notary Public, State of Florida at Large SOUTH FLORIDA TROLLEY COMPANY, INC., a Florida corporation By: Print Name: Title: s i STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as President of South Florida Trolley Company, Inc., a Florida corporation, and acknowledged execution of the foregoing Amendment to Agreement as the proper official of said corporation, for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on , 1999. NOTARIAL SEAL/STAMP: Notary Public, State of Florida at Large GIWPFILESICLIENTSIDANIXOTHER MATTERWROLLEY AMENDMENT TO 03-12.99 AGMT MSW.doc 05/07/99 4- f rg r, T T r{ !'giY—L]'(-1777 1JJG LALIIYKI.tYr I'IUYYlWCf !'.I:Ie�UJ F-UTZIT "A" Proposed Private-Public Partnership Pilot Program North $toward County Extension Pomptii6 Mach Light House Mwico A Copans Road } j8 hj j j a �^ Pompano .r -� Square Mall P Golf s i ► r [motets a I Air Park 14th Street causway Atlantis w g E4 Tennis ocean Ca Hn<eta e 5 Silver Saddle r Goodyear t Blimp V l Hotels Pler n Theater 17shetrou Her e ber Village wharf Atlantic Blvd a Shopping•Bestaunnh tt1 < dtttttItdttt 4444,& + wdM Fairfield City Atlantic Blvd Cmter Resort Hall p Hotels i Palm Aim Erdal commrauty'V U Hatch ` 1 � PalmAlre Pompano I Golf g q EI to 5 y .a D lentil 62nd Street x DOM MAY-07-1999 14:52 P.02 f e^— -r To: Me Snllh Fn S"h F10dda Tandem C0wC11 nale V1 U94 Tlme'.247A PM Page 3 a/3 i EXHIBIT "B" Proposed Private-Public Partnership Pilot Program South Broward County Extension Dania Beach Hourly Route 8 Times/Day U S 1696 l l Port 5 Airpor•-, Hotels Griffin Road Atlantic 1 ► ► ► / / / ► ► / / ► b� Ocean Baas Pro w Hotels Shops AL Outdoor Dania anin Heads World Jai Alta i,ee Antique Dania Beaeh Blvd. r Village ► ► / ► ► ► / / 1 11 City ShaPPa'S HOD Plua n Hotels Hama Sterling Road a Hotels 14 14 / 11 / 4 / 11 Hot"' Oakwood I Plua U 9 S 3 l Atlantic N Sheridan Street Ocean PAY-11-1999 14:03 Tourism Council P.03 r _I RICHARD D. $EAY 115 NORTH FEDERAL HIGHWAY ATTORNEY AT LAW yy$$�� DANIA, FLORIDA 33004 TELEPHONE(�y31 923-8228 FAX(308)92"299 April 23, 1999 Hon. Michael W. Smith Dania Beach City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: DANIA BEACH INTRA CITY TROLLEY/SOUTH FLORIDA TOURISM COUNCIL AND RALPH RIEHL Dear Mr. Smith: As I have previously indicated to you, the Dania Beach Main Street Program is supporting the above referenced Intra City Trolley for Dania Beach. As Chairman of the Economic Restructuring Committee for Mainstreet, our Committee has been assisting the South Florida Tourism Council in gaining private sector support for the trolley to begin service and we will continue our efforts to do so. Please be advised that the following Dania Beach Businesses and organizations have committed to financially supporting the Trolley operations in Dania Beach on a regular monthly basis: 1. Bass Pro Shops - $1 000.00 2. Hampton Inns/Mike Thomas - 450.00 3. Jimmie's Candies - 150.00 4. Dania Beach Chamber of Commerce - 100.00 5. Dania Beach Mainstreet Program - 100.00 6. Graves Museum - 25.00 TOTAL TO DATE = $1,825.00 In the short period of time we have had to work to gather private sector support Grampa's Bakery, Jaxson's Ice Cream, Cigar Mundo, Casa Bella Reastaurant and Dockers Bar and Grill have also been spoken to and they are likely significant monthly contributors pending further discussions, proposed stops and advertising requests. Most or all of them will become monthly financial supporters in the very near future, especially oa7oe the I w L a-- t, 7 trolley service actually begins. It is also anticipated that the Dania Beach Chamber of Commerce may very likely contribute more than $100.00, per month after they have had a Board meeting to formlly discuss the issue. In addition, there are other businesses with known interest such as the Dania HiLi, Dania Beach Grill, Player's Bar, Tugboat Annie's, and Martha's which with the short time available to us have not yet been approached. Please be advised that Ralph Riehl, President of the South Florida Tourism Council, has represented to me that the South Florida Tourism Council will make up the difference between what has already been financially committed to by Dania Beach businesses and organizations and what will be required by the Dania Beach City Commission of the private sector for a minimum of 90 days so that trolley operations can begin as soon as possible and our Committee and Dania Beach Mainstreet can have the extra time needed to gather further private sector financial support. It would, without a doubt, make it much easier for us to solicit financial support and for other Dania Beach businesses and organizations to make that financial committment if an Intra City Trolley Service was already up and running. Under those circumstances we could point with pride and enthusiasm to the service being provided by the City of Dania Beach and could more readily gain and maintain support for its continued operation. As always, thank you for your time and consideration in regard to this matter. If you have any questions, please give me a call. Res fully Submit , D.-,SEXY, ES E cc: Ralph Riehl 2 f L 7� , -r To: Soh Mlker From- South Fladda Touden Crundl Date-5111199 Time-12 25:02 PM Pale l of I r The South Florida Tourism Council A Not for Profit Professlonal Assodatlon of South Florida Hotels,Motels, Restau rents and TOudsm Related Businesses 101 North Riverside Drive, Suite 212A, Pompano Beach, FL 33002 Phone (954) 946-7320 Fax (954) 946-1525 '9ro+rard County Beads Trolley Sevice5 "Fam Tours' Welcome Centers* 'rQA''We Jordauderdalebeaeh.eom Main Page' To Bob Mikes 5/11199 City of Dania Beach / Commissioner From : Ralph Riehl Ralph Rield South Florida Tourism Council Peedrav Greg S, Glaser Dear Bob, Kff Au ddevr We tried to reach you by phone without success. Stanley Fields "6Cvw�Oed The City of Dania Beach Commission Meeting tonight has an item for consideration pertaining to the East West Dania Beach Trolley service. Charles SICC44 Ultra The Dania Beach Trolley Service is an exciting new service for Dania Rbmds a tea Beach with a one hour round trip 8 times a day service to the Beach, Main street, Sterling Road and It's hotels, Outdoorworld, hourly stops at the Gus Olsen,III Airports three terminals, as well as many other stops in Dania Beach. Cammerciai Bank Of Florida This exclusive trolley for Dania Beach is a goal we have been working on nand sloida for over a year and we thank you for your leadership, support and direction Membeeshp D7�aw as Mayor when this all began with the City of Dania Beach as the lead City of this Community Program. Steve Belorse rmata.awfIrl Please let me know If you have any suggestions or comments about the Alsewvrr 1Wgmff above. Vince Colod olorwtnIM Auaw4e1 We thank you again for all your help with this community service. leloexedew SYsl M �IS�R Very truly yours, gt4AAfllpl lAv4 Ralph Riehl President, SFTC e�av iwg� 946-7320 CerrrsntJns asv ileAnA Annual Sponsors \ \�q(� IHKINAL �on,lortx -�om� p`w A•� 111P11AJLHVI. ��� tea!' Mm-e,l CnYdY ► SIANDS 0% i,YHe14WYW,Yr 1> lortat Elam HARBOR cYet STATIONM a"""' y ana%•tY. .YurantNT Imu A Uenna �^�—s Suring The Needs of the South Florida Taiuerms Industq, ' MAY-11-1999 1it41 Tourism Council P.01 I' r ,