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HomeMy WebLinkAboutR-2017-016 Authorizes a Road Maintenance Agreement and Any Additional Documents Pertaining to the Agreement with Dania Entertainment Center, LLC (DEC) for the Maintenance of Fronton Blvd. RESOLUTION NO. 2017-016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A ROAD MAINTENANCE AGREEMENT AND ANY ADDITIONAL DOCUMENTS PERTAINING TO THE 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 THE MAINTENANCE OF FRONTON BOULEVARD; 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; and WHEREAS, DEC and the City entered into an Amendment to the Second Amended and Restated Development Agreement dated November 20, 2015 and approved by Resolution No. 2015-117 (the "Development Agreement") which approved a revised DEC Capital Improvement Plan attached to the Development Agreement as Exhibit"D"; and WHEREAS, the Development Agreement provides for certain improvements to be undertaken by DEC within the Fronton Boulevard right-of-way (the "Fronton Boulevard Improvements"); and WHEREAS, pursuant to the Development Agreement DEC has constructed and installed the Fronton Boulevard Improvements; and WHEREAS, the Development Agreement further provides that DEC and the City shall enter into an agreement necessary to provide for the continued maintenance of the Fronton Boulevard Improvements; 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 Road Maintenance Agreement, a copy of which is attached as Exhibit "A", and made a part of and incorporated into this Resolution by this reference, for the continued maintenance of the Fronton Boulevard Improvements. Section 3. That the appropriate City officials including the Mayor, City Manager and City Attorney are authorized to execute the Road Maintenance Agreement and any additional documents pertaining to the Road Maintenance Agreement and to take all action necessary to implement the terms and conditions of the Road Maintenance 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 February 28, 2017. ATTEST: �aADs Fip�rG L�A8 fj LOUISE STILSON, CMC TAMARA JA CITY CLERK MAYOR APPROVED A TO ORM AND CORRECTNESS: THO AS . AN S O CITY AT ORNEY 2 RESOLUTION#2017-016 EXHIBIT "A" This Instrument Prepared by: Janna P. Lhota,Esquire Holland & Knight LLP 515 East Las Olas Boulevard, Suite 1200 Fort Lauderdale,Florida 33301 ROAD MAINTENANCE AGREEMENT THIS ROAD MAINTENANCE AGREEMENT ("Agreement") is made and entered into as of , 2017, by and between DANIA ENTERTAINMENT CENTER, LLC, a Delaware limited liability company (hereinafter referred to as "DEC") and the CITY OF DANIA BEACH, a Florida municipal corporation(the "Ciff"). 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 known as Fronton Boulevard that is located immediately west of the Property between Dania Beach Boulevard and N.E. 2nd Street, as more particularly described in Exhibit B; 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 for the renovation, expansion and redevelopment of the Property; and 3 RESOLUTION#2017-016 WHEREAS, DEC and the City entered into an Amendment to the Second Amended and Restated Development Agreement dated November 20, 2015 and approved by Resolution No. 2015-117 (the "Development Agreement") which approved a revised DEC Capital Improvement Plan attached to the Development Agreement as Exhibit"D"; and WHEREAS, the Development Agreement provides for certain improvements to be undertaken by DEC within the Fronton Boulevard right-of-way (the "Fronton Boulevard Improvements"); and WHEREAS, pursuant to the Development Agreement DEC has constructed and installed the Fronton Boulevard Improvements; and WHEREAS, the City and DEC have agreed upon the replacement of the plant material located at the terminus of the landscape medians within Fronton Boulevard by the City to a plant species that is more conducive to the South Florida environment, the cost of which will be paid by DEC; and WHEREAS, the Development Agreement further provides that DEC and the City shall enter into an agreement to ensure the perpetual maintenance of the Fronton Boulevard Improvements. 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. Recitals. The foregoing recitations contained in the "Whereas Clauses" are true and correct and are hereby incorporated herein by this reference. All exhibits to this Agreement are hereby deemed a part thereof. 2. Maintenance by the City. Subject to reimbursement from DEC as provided in Paragraph 3 of this Agreement, the City hereby agrees to perform, or cause to be performed, the normal and customary maintenance and repair of Fronton Boulevard, including the maintenance, repair and replacement, as needed, of all landscaping, irrigation, lighting, curbs, drainage systems, pavement markings, traffic and directional signage within Fronton Boulevard, which includes the medians, in compliance with the City's Code of Ordinances or such other state, 4 RESOLUTION#2017-016 federal or local regulations, if applicable, and keeping Fronton Boulevard in a good and safe condition. Both the City and DEC acknowledge that the maintenance obligations covered by this Agreement and any reimbursement therefor are not intended to include any water and sewer facilities or other underground utilities located within Fronton Boulevard. 3. Reimbursement to Cityby DEC. a. Road Resurfacing Fund — DEC agrees to pay to the City by October 1st of each year a total amount of$3,333.00, which funds shall be placed into a segregated account and held by the City for the future resurfacing and restriping of Fronton Boulevard. b. On-going Maintenance — DEC agrees to pay the City by October 1 st of each year $26,667.00, which sum represents the costs associated with the customary and reasonable maintenance and repair of Fronton Boulevard as provided for in Paragraph 2 above. An itemized breakdown of the costs is outlined in Exhibit C attached hereto. C. Plant Replacement — DEC shall pay to the City within ten (10) business days following approval and execution of this Agreement $9,976.40, which sum represents the one-time payment to the City for the cost of the plant material and related installation required to replace the existing landscaping located within the terminal islands of the medians located within Fronton Boulevard and as depicted in Exhibit D attached hereto. 4. Repairs. a. Non-Emergency Repairs by the City — In the event a non-emergency repair is required to be performed to Fronton Boulevard that is not contemplated or included within the on-going maintenance provided for by Paragraph 3.b above, the City shall provide notice and a detailed itemization of the repairs required and a good faith estimate of the costs associated with the non-emergency repair to DEC as provided herein. DEC shall have ten (10) business days to review the repairs and costs associated with proposed non-emergency repairs (the "Review Period"). Unless DEC raises an objection to the work to be performed or the costs associated within the non-emergency repairs by the end of the Review Period, any objection shall be deemed waived. DEC shall reimburse the City within thirty (30) days of receipt of any invoice from the City upon the completion of the work. b. Emergency Repairs by the City — In the event an emergency repair is required to be performed to Fronton Boulevard, the City shall immediately proceed to perform the necessary work. An "emergency repair" is defined as work that is required to be performed on an emergency basis due to an imminent threat to the safety of the traveling public. The City shall send notice of the emergency repair and the customary and reasonable costs associated thereto to DEC within thirty (30) days after the work is performed and DEC shall reimburse the City within thirty(30) days following receipt. 5. Event of Default and Remedies. If either party defaults in the performance of any obligation imposed under this Agreement and does not commence to cure such default within 5 RESOLUTION#2017-016 thirty (30) days following written notice, and, thereafter, diligently pursue such cure to completion. Either party shall have the right to pursue any remedies available at law or in equity. 6. Notices. All notices to be given hereunder shall be in writing and personally delivered or sent by registered or certified mail, return receipt requested, or delivered by an air courier service utilizing return receipts to the parties at the following addresses (or to such other or further addresses as the parties may designate by like notice similarly sent) and such notices shall be deemed given and received for all purposes under this Agreement three (3)business days after the date same are deposited in the United States mail, if sent by registered or certified mail, or the date actually received if sent by personal delivery or air courier service, except that notice of a change in address shall be effective only upon receipt. 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 6 RESOLUTION#2017-016 7. Term. This Agreement shall have a duration of twenty (20) years and shall be extended automatically for five (5)year increments unless terminated by the City. 8. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all prior negotiations and agreements between them with respect to all or any of the matters contained herein. 9. Amendment. This Agreement may be amended by the parties hereto only upon the execution of a written amendment or modification signed by the parties and recorded amongst the public records of Broward County, Florida. 10. Waivers. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not constitute a waiver of any other default or of any such rights or remedies. 11. Assignment and Binding Effect. This Agreement and the rights, duties, obligations and privileges of the parties herein are assignable with the prior written consent of the City and DEC. Any assignment of this Agreement shall be recorded amongst the public records of Broward County, Florida. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. 12. Severability. The invalidity, illegality or unenforceability of any one or more of the provisions of this Agreement shall not affect any other provision of this Agreement, but this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 13. Parties to Agreement. This is an agreement solely between the City and DEC. The execution and delivery hereof shall not be deemed to confer any rights or privileges on any person not a party hereto other than the successors or assigns of the City or DEC. 14. Venue: All legal actions arising out of or connected with this Agreement must be instituted in the Circuit Court of Broward County, Florida. The laws of the State of Florida shall govern the interpretation and enforcement of this Agreement. 15. Attorneys' Fees; Jury Trial. In the event of any controversy arising under or relating to the interpretation or implementation of this Agreement or any breach thereof, the City or DEC, as the case may be, as the prevailing party, shall be entitled to payment for all reasonable attorneys' fees, paralegals' fees, experts' fees, mediation fees and costs incurred in connection therewith both at the trial and appellate levels. 16. Recordation. This Maintenance Agreement shall be recorded in the Public Records of Broward County, Florida and DEC shall pay the cost of recording. 17. Effective Date. This Agreement shall be effective upon the later of(a)the date the Agreement is entered into by the parties, or(b) the final inspection and acceptance of the Fronton Boulevard improvements by the City and Broward County, as applicable. 7 RESOLUTION#2017-016 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. WITNESSES: CITY CITY OF DANIA BEACH, a Florida Print Name: municipal corporation Print Name: By: Tamara James, Mayor ATTEST: Louise Stilson, City Clerk Approved as to form: Thomas Ansbro, City Attorney STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the day of , 2017, by Tamara James, Mayor,who is personally known to me or produced as identification. Notary Public 8 RESOLUTION#2017-016 Typed,printed Notary Public My Commission Expires: 9 RESOLUTION#2017-016 WITNESSES: DEC Dania Entertainment Center, LLC, a Delaware limited liability company: Print Name: By: Print Name: Name: Title: STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the day of , 2017, by , as of Dania Entertainment Center, LLC, a Delaware limited liability company, who is personally known to me or produced as identification. Notary Public Typed,printed or stamped name of Notary Public My Commission Expires: 10 RESOLUTION#2017-016 EXHIBIT "A" Legal Description of 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, including any areas that may be vacated or re-conveyed within or adjacent thereto to Grantor or its successors or assigns. 11 RESOLUTION#2017-016 EXHIBIT "B" Legal Description of Fronton Boulevard 12 RESOLUTION#2017-016 LEGAL DESCRIPTION—DANIA JAI-ALAI FRONTON BOULEVARD ROAD MAINTENANCE AGREEMENT A parcel of land being a portion of Fronton Boulevard Right-of-Way adjacent to Parcel "A", DANIA JAI-ALAI PLAT, according to the plat thereof, as recorded in Plat Book 177, Pages 170-174, of the Public Records of Broward County, Florida, said parcel being more particularly described as follows: BEGIN at the Southwest corner of said Parcel "A'; THENCE on an assumed bearing of S 01' 30' 00" E along the Southerly projection of the West line of said Parcel "A', said line also being the Southerly projection of the East right-of-way line of Fronton Boulevard, a distance of 43.59 feet; THENCE S 78' 44' 57" W a distance of 77.83 to a point on the arc of a non-tangent curve concave to the Northwest, a radial line of said curve through said point having a bearing of S 66' 59' 05"E; THENCE Northerly, along the arc of said curve to the left, having a central angle of 24' 30' 53" and a radius of 24.00 feet for an arc distance of 10.27 feet to a point of tangency; THENCE N 01° 30' 00" W a distance of 208.47 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Northerly, Northwesterly and Westerly, along the arc of said curve to the left, having a central angle of 81' 25' 59" and a radius of 25.00 feet for an arc distance of 35.53 feet to a point on a non-tangent line; THENCE N 01' 33' 20" W a distance of 22.92 feet to a point on the are of a non-tangent curve concave to the Northwest, a radial line of said curve through said point having a bearing of S 09' 02' 50"E; THENCE Easterly, Northeasterly and Northerly, along the arc of said curve to the left, having a central angle of 811 53'34" and a radius of 25.00 feet for an are distance of 35.73 feet to a point of tangency; THENCE N 00' 56'24" W a distance of 23 5.3 0 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Northerly, Northwesterly and Westerly, along the arc of said curve to the left, having a central angle of 95' 09' 24 and a radius of 25.00 feet for an arc distance of 41.52 feet to a point on a non-tangent line; THENCE N 01' 33' 50" W a distance of 23.57 feet to a point on the arc of a non-tangent curve concave to the Northwest, a radial line of said curve through said point having a bearing of S 01' 34' 20" E; THENCE Easterly,Northeasterly and Northerly, along the arc of said curve to the left, having a central angle of 89' 55'06" and a radius of 28.00 feet for an arc distance of 43.94 feet to a point of tangency; 1 THENCE N O 1' 29'27" W a distance of 555.31 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Northerly and Northwesterly, along the arc of said curve to the left, having a central angle of 48' 10' 17" and a radius of 40.00 feet for an arc distance of 33.63 feet to a point on a non-tangent line; THENCE N 88�3358" E a distance of 85.24 feet to the said West line of Parcel "A", said line also being the East right-of-way line of Fronton Boulevard; THENCE S 01' 30' 00" E along the said West line of Parcel "A", a distance of 1143.02 feet to the POINT OF BEGINNING Said lands lying in City of Dania Beach,Broward County,Florida. NOTES: 1. Lands described hereon were not abstracted, by the surveyor, for ownership, easements, rights- of-way or other instruments that may appear in the Public Records of Broward County,Florida. . 2. The legal description shown hereon was prepared by Calvin, Giordano&Associates, Inc. 3. Bearings shown hereon are based upon an assumed bearing of S 01' 30' 00" E along the West line of Parcel "A" of the plat of DANIA JAI-ALAI PLAT, as recorded in Plat Book 170,Pages 170-174, Broward County Records and also being the East right-of-way line of Davie Road. 4. The description contained herein does not represent a field boundary survey. 5. This document is intended to provide for a legal description of a Road Maintenance Agreement for Fronton Boulevard. CALVIN, GIORDANO AND ASSOCIATES, INC. Date: 34(00/k Steven M. Watts Professional Surveyor and Mapper Florida Registration Number PSM 4588 2 SKETCH AND LEGAL DESCRIPTION FRONTON BOULEVARD ROAD MAINTENANCE AGREEMENT DANIA JAI—ALAI SEE SHEET 4 A 89'55`06" R=28.00' i =' A=43.94' LEGEND: RADIAL a A Arc Length N01'3 '50"W ;`� B.C.R. Broward County Records S01'34`20"E 2157' A Delta 0 - ' '24' to L.B. Licensed Business E =25 00' O.R.B. Official Records Book P.O.B. Point of Beginning N =41.52' I P,O.C. Point of Commencement a; o P.B. Plot Book PG. Page �� R Radius LO o �.G• I) rr R/W Right-of-Way N 'p (14 I>'5 a Q SOYT. Square Feet t?�'h• JWNz W GpJ • stock 3lC) z N o- !Q Q A=81'53' 4' ItOn Q"' z_ '► R�� Z R=25.0 o IZm 4' bi z A--35.7 z O� L`' In < Iw 3 Q Q 4 I z RADIAL N01'3j3'20"W '-T 1\ Sfl9'02'S0"E 22. 2' c,4 O o p 4 M Q. o 81 5'59" sa 50• Q' R=25 00' ice. o A=35 53' GRAPHIC SCALE 0 100 tn 04 w i p P,D,B. { IN FEET ) ry 8 1 o c k SW CORNER 0 ,� PARCEL "A" a v +0? I PLAT LIMITS SOUTH LINE cnn O PARCEL "A" A=2 30,53, Z R=2 .00' 43.59' A=10 27' — — S78'44 57 W — �I— E RADIAL 77,83' S66'59'05'E DANIA BEACH BOULEVARD _ C - - - - (S.R. A-1-A) Uj F.D.O.T.R/W Map, Section 86030-2506 c Sheet 2 of 4, June 26,1968 a a 0 to to to M_ SfamT r7 O N C Calvin,Giordano Assodates,Inc. DANIA JAI-ALAI 1.=100, 13�56_ 3 EXCEPTIONAL SOLUTIONS" .0 IWOFJlerD&v,Sule6WFortlaudefda1pAmida33316 CITY OF DANIA BEACH OF Phm 954221.7781•F=954.921.8807 gROWARO COUNTY FLORIDA � �oFl� i CoMfic to or AuWesmUon e�r91 , 03-15-16 SEE LEFT 4 o' SKETCH AND LEGAL DESCRIPTION FRONTON BOULEVARD ROAD MAINTENANCE AGREEMENT DANIA JAI-ALAI N.E. 2ND ST. a N88833'54p'E LEGEND: GO A Arc Length B.C:R. Broward County Records d=48'10'17' A Delta R=40.00' L.B• Licensed Business 1 O.R.B. Official Records Book A=33.63' 1 P.0.8. Point of Beginning N P.O.C. Point of Commencement I P.B. Plot Book PG. Page ►o N V R Radius 0 Ui Z R R/W Right—of—Woy _L Qv^�• SQ.FT. .Square Feet I aton "�Q w �� Ld W • �� 50 1 50 QQ�^ Q m z Q�V ry• 0 0 0 pQ N �o ry• l W Lri e i G I�N Q m Q Q h 0O v GRAPHIC SCALE 100 to to N I m 0 { 1N FELT ) � IIz W z J T i� F- > 1 t11 j d=89'55'06" t; R=28.00' I w A=43.94' a E RADIAL N01'3 '50'W M SO1'34'20'E 23!57' N W = 24 R=25.00' o =41.52' o SEE SHEET 3 to i M O N C,aMn,Giordano is Associates,Inc. Sa�E PROJECT No. srEEt EXCEPTIONAL SOLtlTIONSTM DANIA JAI-ALAI 1"=100' 13-5680.4 •� 18w EllerDft Suk6K Fat Lauderdale,F61&33316 CITY OF DANIA BEACH ftw954321MI-Fax954921.8&Y/ BROWARD COUNTY FLORIDATF MFIU= % C*MUMLe of IlothoMmUm 8"1 , LORIDA 03-15-16 SEE LEFT 4 oa EXHIBIT "C" Yearly Itemized Costs for the Maintenance of Fronton Boulevard ti Ae- Landscape Maintenance $24,000.00 Maintenance of Drainage Systems $667.00 Miscellaneous Maintenance $2,000.00 13 RESOLUTION#2017-016 EXHIBIT "D" Planting Plan and Schedule for Fronton Boulevard 14 RESOLUTION#2017-016 PLANT HED stwte Azw �caor mr catwon zia Ala sr� xrctt+a zdnrzRs Atxx xma nAutm wotuM�rmr Nxu wn \ �� \ I� �� I ta.d�i.p�mw�•rtF[a5aua.rar.so•wi�s GxOwofo.4.9'CLOY.Ott e0iAxfKW4a fOw.tlx xu4 VI .Yepy irm••y IPr1 rte/Taunlm. 9Gi.id.ld N Ido.c Mv.il Y'Iby GRAPHC SCA.: .m.•O+o�"�•.I Ure.arw� w< i ;71t iHr�:y � za ` '. W jl uj m Z Z� ,F77L C 0 aem .vi+nv..mm. • - i U Fronto Boul a 3 � )Y co i •' � _ b 0�00 .Y� V: 90-,. .s y ,'ry`AO ✓ W LL fr iu r _' rWe WaaW _ a CD S Q ...... _._. __ ...... N. s o uj FO .0 em•k Fronton Boulevard - YyvyK 4: �1 5Lu W arm ona•s - I Fm w-wr-Hwim-61NIC110N c m.G',&•";j"',e°,•dw,,k. DANIA E NTERTAINMENTCENTER PLANTING PLAN AND SCHEDULE FOR ......mz,a..n•,m,m OWA Ux t RDWA FRONTON BLVD. a W iY ,__ ..--megx ....--..._ --io rvrt ___.-.._ _._._._....._.._. .ry CeNflm•(Au1MY•tion L(399 an oC1a•1RiM 13d8A0