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Home My WebLink AboutR-2009-082 SFRTA Second Amendment RESOLUTION NO. 2009-082 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO THE APRIL 23, 1999 LEASE AND EASEMENT AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, WHICH PERTAINS TO THE CONSTRUCTION OF A PARKING DECK TO SERVE THE SFRTA (FORMERLY, "TRI-RAIL") PASSENGER RAIL STATION; 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 Second Amendment to the April 23, 1999 Lease and Easement Agreement existing between the City of Dania Beach and the South Florida Regional Transportation Authority ("SFRTA"), a copy of which Second 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 May 12, 2009. ATTEST: PO�Aap'S FIRST�•�rL ( 1 LOUISE STILSON, CMC ANNNEE CAAST�RO CITY CLERK _N MAYOR-COMMISSIONER APPROVED AST AND THONi4 J. AqSIBF&VICITY ATTORNEY Return to: (enclose self-addressed stamped envelope) Name: South Florida Regional Transportation Authority Address: 800 NW 33rd Street Pompano Beach,FL 33064 This Instrument Prepared by: Jeffrey D.Olson SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA SECOND AMENDMENT TO THE DANIA BEACH STATION LEASE AND EASEMENT AGREEMENT This Second Amendment to the Dania Beach Station Lease and Easement Agreement is made this day of , 2009, 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 Passenger Station's parking lot, which includes 127 surface parking spaces located on the Dania Parcel for a total of 180 parking spaces, is currently at capacity for Tri-Rail passenger use; and WHEREAS, Dania Beach and SFRTA have entered into the First Amendment to the Dania Beach Lease and Easement Agreement dated February 22, 2008, which provides the Humane Society of Broward County ("HSBC") with shared use of 35 station parking spaces on 2 RESOLUTION#2009-082 Saturdays and Sundays in connection with the operation of its facility at 2070 Griffin Road, Fort Lauderdale, Florida 33312, adjacent to and immediately north and west of the Dania Parcel; and WHEREAS, as part of Dania Beach's inducement for SFRTA to relocate its Passenger Station to Sportsman's Park, the parties originally contemplated that the station would have not less than 450 parking spaces; and WHEREAS, SFRTA proposes to replace the existing surface parking lot on the Dania Parcel with a 400-space (approximate), three-level parking deck to increase its total number of parking spaces to 453 (approximate), which will provide for its current and future parking needs at the Passenger Station; 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 amended, as follows: "6. 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 may include a 400-space (approximate), three-level parking deck with bus, taxi, and passenger drop- off and circulation areas, 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 agrees to comply with all 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 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, including a 400-space (approximate), three-level parking deck with bus, taxi, and passenger drop-off and circulation areas, then Tri-Rail shall submit an outline and/or sketch of the improvements it desires to make to Dania Beach. Dania Beach shall have thirty (30) calendar 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, and with the architectural theme of the existing Passenger Station. If Dania Beach fails to provide written notice to Tri-Rail 3 RESOLUTION#2009-082 of its 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 Florida Building Code, Dania Beach codes, laws and ordinances relating to landscaping and signage. SFRTA shall install a wall sign identifying the station on the north fapade of the parking deck, which shall include the name "Dania Beach." 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 constructed on City of Dania Beach property by Broward College. If, in the future, SFRTA establishes a parking fare system for the parking deck, patrons of Tigertail Park who use the parking deck for overflow parking shall not be charged for parking. 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 (35) 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. HSBC, 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 shall 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. Tri-Rail's sublease of the Dania Parcel to HSBC may commence only after approval of the Site Plan by the City of Dania Beach. Tri-Rail may 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. HSBC shall indemnify and hold harmless the City of Dania Beach and Tri-Rail (including their elected or appointed officials, employees and agents) from any act or omission 4 RESOLUTION#2009-082 directly or indirectly related to HSBC's use of the Dania Parcel, including such act or omission by any employee, agent, guest or invitee of HSBC." 3. All other terms and conditions of the Dania Beach Station Lease and Easement Agreement remain in full force and effect. IN WITNESS WHEREOF the parties hereto have affixed their hands and seals. CITY OF DANIA BEACH, FLORIDA a Florida municipal corporation ATTEST: LOUISE STILSON, CMC ANNE CASTRO CITY CLERK MAYOR-COMMISSIONER ROBERT BALDWIN CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 5 RESOLUTION#2009-082 SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, a body politic and corporate, an agency of the State of Florida BY: Name: Title: Signed, sealed and delivered in the presence of: Witness Witness Approved as to form and legal sufficiency by: SFRTA General Counsel STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me this day of 2009, 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: RESOLUTION#2009-082