HomeMy WebLinkAboutR-2015-120 - Executed a Temporary Use Agreement with Dania Entertainment Center, LLC for Temporary Parking Serving Frost Park RESOLUTION NO. 2015-120
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A TEMPORARY USE AGREEMENT AND ANY ADDITIONAL
DOCUMENTS PERTAINING TO AGREEMENT AND TO TAKE ALL
ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS
OF THE AGREEMENT, A COPY OF WHICH IS ATTACHED, AND MADE A
PART OF AND INCORPORATED INTO THIS RESOLUTION BY THIS
REFERENCE, WITH DANIA ENTERTAINMENT CENTER, LLC (DEC) FOR
TEMPORARY PARKING SERVING FROST PARK; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida (the "City") and Dania Entertainment
Center, LLC ("DEC") entered into a Second Amended and Restated Development Agreement
dated November 6, 2014 and approved by Resolution No. 2014-072 (the "Development
Agreement"); and
WHEREAS, the Development Agreement provides for the reconstruction and
reconfiguration of the parking located within the right-of-way of Fronton Boulevard serving
Frost Park as part of certain improvements to Fronton Boulevard; and
WHEREAS, the Development Agreement further provides that DEC and the City shall
enter into a Temporary Use Agreement to provide for temporary parking during the
reconstruction and reconfiguration of the parking located within the right-of-way of Fronton
Boulevard serving Frost Park;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct, and they are made a part of and are incorporated into this Resolution by reference.
Section 2. That the City Commission approves the execution of the Temporary Use
Agreement, a copy of which is attached as Exhibit"A", and made a part of and incorporated into
this Resolution by this reference, for temporary parking during the reconstruction and
reconfiguration of the parking located within the right-of-way of Fronton Boulevard serving
Frost Park.
Section 3. That the appropriate City officials including the Mayor, City Manager and
City Attorney are authorized to execute the Temporary Use Agreement and any additional
documents pertaining to Temporary Use Agreement and to take all action necessary to implement
the terms and conditions of the Temporary Use Agreement.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on October 13, 2015.
ATTEST:
LOUISE STILSO , C C Odk ALVINO, SR.
CITY CLERK OR
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APPROVED AS TO FORM AND CORRECTNESS:
1 ,
THOMA J. AN BRO
CITY ATTORNEY
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TEMPORARY USE AGREEMENT
THIS TEMPORARY USE AGREEMENT (the "Agreement") is made and entered into as
of , 2015 (the "Effective Date"), by and between DANIA ENTERTAINMENT
CENTER, LLC, a Delaware limited liability company (hereinafter referred to as "DEC" or
alternatively the "Parking DEC") and the CITY OF DANIA BEACH, a Florida municipal
corporation(the"City").
RECITALS
WHEREAS, DEC is the owner of certain real property located in the City on which is
located a pari-mutuel facility which real property is more particularly described in Exhibit A
attached hereto and commonly known as the "Dania Jai Alai" (hereinafter referred to as the
"Pro e "); and
WHEREAS, the City is the owner of certain right-of-way within which parking has been
constructed which is more particularly described on Exhibit B attached hereto (the "Reconfigured
Parkin")and which presently serves Frost Park; and
WHEREAS, DEC and the City entered into a Second Amended and Restated
Development Agreement dated November 6, 2014 and approved by Resolution No. 2014-072
(the "Development Agreement") for the renovation, expansion and redevelopment of the
Property; and
WHEREAS, the Development Agreement provides for the reconstruction and
reconfiguration of the parking located within the right-of-way of Fronton Boulevard serving
Frost Park as part of the improvements to Fronton Boulevard; and
WHEREAS, the Development Agreement further provides that DEC and the City shall
enter into a Temporary Use Agreement to permit parking in the northwest corner of the Property
located east of Frost Park during the construction of the Reconfigured Parking located within
Fronton Boulevard.
NOW, THEREFORE, for and in consideration of the mutual terms and conditions
contained in this Agreement, the sufficiency and adequacy of which are hereby acknowledged by
the parties hereto,the parties to this Agreement do hereby agree as follows:
1. License. DEC hereby grants to the City the temporary right and license to use a
minimum of sixty (60) parking spaces in the area graphically depicted on Exhibit C (the
"Temporary Parking Area") attached hereto for the parking of passenger vehicles for the use and
benefit of Frost Park. All vehicular access to and from the Temporary Parking Area shall be via
the access point highlighted on Exhibit C. The City hereby accepts the Temporary Parking Area
in its "as-is, where-is" condition without any representation or warranty from DEC and without
recourse to DEC.
2. Term of License. Unless terminated early as provided herein, the term of this
Agreement shall commence on the date that is seven (7) days after DEC delivers written notice
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(which may be by electronic mail solely for the purpose of giving notice of commencement under
this Section 2) of its desire to decommission and commence construction on the Reconfigured
Parking (the "Construction Date") and shall expire the earlier of(a) March 31, 2015 or (b) upon
the acceptance of the Reconfigured Parking by both the City and Broward County, as required.
The parties understand that once the Reconfigured Parking is decommissioned, it will no longer
be available for parking for Frost Park during the term of this Agreement.
3. Use of the Temporary Parkin. Subject and pursuant to the terms,
conditions and limitations stated herein, DEC hereby grants to the City the right to use the
unreserved parking spaces for the parking of passenger vehicles (the "Parking. Spaces") located in
the Temporary Parking Area, together with the non-exclusive right of pedestrian and vehicular
access to and from the Parking Spaces as graphically depicted on Exhibit C. The use of the
Parking Spaces shall be subject to the following terms and conditions:
(a) Frost Park. The use of the Parking Spaces and the Temporary Parking
Area is limited to the residents and other visitors and authorized users of Frost Park, and
for no other purpose, without DEC's consent.
(b) Hours of Operation. The Temporary Parking Area shall be open and
accessible daily from 8:00 a.m. to 9:00 p.m. (Monday through Sunday).
(c) Maintenance. The City shall be responsible, at its sole cost and expense,
for maintaining the Temporary Parking Area in a clean and safe condition, including,
without limitation, general upkeep and trash removal.
(d) Liability and Damages. The City and any residents, visitors or other
authorized users of Frost Park utilizing the Temporary Parking Area for parking shall be
responsible for any damage to their vehicles or personal property in such vehicles while
on the Temporary Parking Area. The City shall be responsible for any damage to the
Temporary Parking Area and for damage to any vehicles or property of third parties using
the Temporary Parking Area.
(e) Indemnification. The City shall indemnify and hold DEC harmless from
and against all liability, claims, suits,judgments, damages, costs and expenses (including
reasonable attorneys' fees) which it may be subject or suffer, arising from or in
connection with (i)the use or occupancy of the Parking Spaces or the Temporary Parking
Area by the City, its residents, visitors or other authorized users, (ii) any act or omission
of City or its residents, visitors or other authorized users in connection with their use or
occupancy of the Parking Spaces or the Temporary Parking Area, (iii) any failure to
comply with the rules and regulations for the Temporary Parking Area, described below,
and (iv) any termination of the license to use the Parking Spaces resulting from any act or
omission of the City, its residents, visitors or other authorized users. The provisions of
this Section 3(d) shall survive the termination or expiration of this Agreement.
(f) Rules and Regulations. The City acknowledges that the use of the Parking
Spaces shall be subject to all rules and regulations now or hereinafter in effect pertaining
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to the use of the Temporary Parking Area provided in this Agreement and as may be
provided by DEC in writing to the City. The City agrees to reimburse DEC for any
expense incurred as a result of any violation thereof, including any towing expense of any
vehicle parked in violation of this Agreement.
(g) Relocation. The parties understand that DEC is actively renovating the
existing pari-mutual facility located on the Property, including certain site related
improvements. DEC shall have the right, upon giving the City ten (10) days prior written
notice,to relocate the Temporary Parking Area to the area graphically depicted on Exhibit
D ("Relocated Temporary Parking Area"). The Relocated Temporary Parking Area shall
be used by the City, its residents, visitors and other authorized users of Frost Park upon
the same terms and conditions as set forth in this Agreement.
4. Coordination of Construction. In connection with the relocation and
reconstruction of the Reconfigured Parking, DEC shall provide the City with periodic updates on
any closing of Fronton Boulevard, any sidewalks and/or existing crosswalks servicing the
Temporary Parking Area or the Relocated Temporary Parking Area. Any updates shall be
provided in writing (which may be by electronic mail solely for the purpose of providing the
information required by this Section 4) and provided to Mark Felicetty, Parks and Recreation
Director at mfelicettykci.dania-beach.fl.us on behalf of the City.
5. Events of Default. The occurrence of the following shall constitute an "Event of
Default"under this Agreement: any failure by DEC or the City to observe and perform any other
term, covenant or condition of this Agreement to be observed or performed by the party where
such failure continues for thirty (30) days after written notice thereof from another party hereto;
provided, however, that if the breach or nonperformance is of such a nature that it cannot be
cured within thirty (30) days, the breached party shall be deemed to have cured if cure is
commenced promptly (which, in no event shall be later than thirty days following notice) and
diligently pursued to completion to the reasonably satisfaction of the party that is the beneficiary
of such term, covenant or condition.
6. Remedies. Upon the occurrence of any Event of Default, DEC or the City shall
have the right to terminate the respective license granted herein as its sole remedy.
7. Insurance. The City shall obtain and maintain throughout the term of this
Agreement insurance reasonably acceptable to DEC, naming DEC as an additional insured, in
amounts not less than $1,000,000 (per occurrence) for commercial general liability and
$1,000,000 for property damage. The City shall provide DEC with a copy of the insurance
policy, and the applicable endorsement thereto, evidencing such coverage including a certificate
of insurance on the applicable ACORD form.
8. Indemni . [See 3(e)above]
9. Waiver. No term, covenant or condition of this Agreement shall be deemed
waived, except by written consent of the party against whom the waiver is claimed, and any
waiver of the breach of any term, covenant or condition shall not be deemed to be a waiver of
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any preceding or succeeding breach of the same of any other term, covenant or condition.
Notwithstanding anything to the contrary contained herein, in no event shall either party be liable
for any punitive, speculative or consequential damages.
10. Notice. Any notice required to be given under this Agreement shall be given,
unless otherwise provided herein, in writing and shall be delivered in person or by registered or
certified mail,postage prepaid, and addressed to the following:
If to DEC: Mr. Scott Savin
Dania Entertainment Center, LLC
301 East Dania Beach Boulevard
Dania Beach, FL 33009
Email: ssavin23@gmail.com
With copy to:
Janna P. Lhota, Esq.
Holland& Knight LLP
515 East Las Olas Boulevard
Suite 1200
Fort Lauderdale, FL 33301
Email: janna.lhota@hklaw.com
If to City: Mr. Robert Baldwin
City Manager
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Email: rbaldwin@ci.dania-beach.fl.us
With copy to:
Thomas J. Ansbro, Esq.
City Attorney
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Email: tansbro@ci.dania-beach.fl.us
11. Amendments. This Agreement may be modified, amended or otherwise altered
only in writing, signed by the City and DEC, or its respective successors or assigns.
12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the City and DEC and its respective successors and assigns. Notwithstanding the foregoing, the
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City may not assign its rights under this Agreement without the prior written consent of DEC,
which consent may be withheld in DEC's sole discretion.
13. Counterparts. This Agreement may be executed in multiple counterparts with the
same effect as if all parties had executed the same document. Signatures of the parties
transmitted by facsimile or electronically shall be deemed to be their original signatures for all
purposes.
In witness whereof, DEC and the City have executed this Temporary Use Agreement on
the date first written above.
Dania Entertainment Center, LLC, a Delaware limited
liability company:
By:
Name:
Title:
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2015 by
, as an authorized signatory for
Dania Entertainment Center, LLC, a Delaware limited liability company, on behalf of the
corporation. is personally known to me or has produced
as identification.
(SEAL)
Notary Public-State of
Commission Number:
7 RESOLUTION#2015-120
The City of Dania Beach, a Florida municipal
corporation:
By:
Marco Salvino, Sr., Mayor
day of , 2015
By:
Robert Baldwin, City Manager
day of , 2015
Approved as to form and legality by: Office of the City Attorney
By:
Thomas J. Ansbro, Esq.
day of , 2015
(CITY SEAL)
$ RESOLUTION#2015-120
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2015
by MARCO SALVINO, SR., as Mayor for the City of Dania Beach, a Florida municipal
corporation. Marco Salvino, Sr. is personally known to me or has produced
as identification.
(SEAL)
Notary Public - State of Florida
Commission Number:
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2015 by
ROBERT BALDWIN, as City Manager for the City of Dania Beach, a Florida municipal
corporation. Robert Baldwin is personally known to me or has produced
as identification.
(SEAL)
Notary Public - State of Florida
Commission Number:
9 RESOLUTION#2015-120
EXHIBIT A
Legal Description—the Property
All of the Dania Jai Alai Plat, according to the Plat thereof as recorded in Plat
Book 177, Page 170 of the Public Records of Broward County, Florida.
Said lands lying in the City of Dania Beach, Broward County, Florida and
containing 50.462 acres, more or less.
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EXHIBIT B
Legal Description—the Reconfigured Parking
(see attached)
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RESOLUTION
EXHIBIT C
Temporary Parking Area
(see attached)
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EXHIBIT D
Alternate Temporary Parking Area
(see attached)
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