HomeMy WebLinkAboutR-2022-188 BC School Board Recreation License Agreement for Olsen Middle School for City Improvements for Recreational and Parking Purposes RESOLUTION NO.2022-188
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA,
AND THE CITY FOR A RECREATION LICENSE AGREEMENT OF SCHOOL
BOARD PROPERTY KNOWN AS "SITE NO. 47.1 A/K/A OLSEN MIDDLE
SCHOOL", FOR THE CITY TO MAKE IMPROVEMENTS ON THE
PROPERTY FOR RECREATIONAL AND PARKING PURPOSES;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach and the School Board of Broward County agree to
the terms set forth in the attached Recreation License Agreement("Agreement") for Site No 47.1
a/k/a Olsen Middle School; and
WHEREAS, the terms of the Agreement shall commence on January 18, 2023, and
conclude on January 17, 2048, for a 25-year term, with the renewal option for an additional 25-
year term; and
WHEREAS, the City shall provide the School Board of Broward County with written
notice of its intent to exercise the Renewal Option at least two hundred seventy (270) calendar
days prior to the end of the term of the Agreement; and
WHEREAS, under the Agreement, the City may construct certain park improvements,
with School Board authorization,and the City shall have the ability to use the improvements under
the terms and conditions contained in Section 2.07 of the Agreement; and
WHEREAS, the park improvements will be completed by the City once the City fiscally
budgets the necessary funds, including any applicable grant funding, or other sources of funding;
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 as
being true and correct, and they are made a specific part of and incorporated into this Resolution
by this reference.
Section 2. That the proper City officials are authorized to execute the Recreational
License Agreement between the School Board of Broward County and the City of Dania Beach
for the location known as Site No. 47.1 a/k/a Olsen Middle School.
Section 3. That any improvements to be constructed by the City will be completed
once the City fiscally budgets the necessary funds, including any applicable grant funds, etc.
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are repealed to the extent of such conflict.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 full force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on December 13, 2022.
ATTEST:
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2 RESOLUTION#2022-188
RECREATION LICENSE AGREEMENT
THIS RECREATION LICENSE AGREEMENT is made and entered into as of this day of
, 2023, by and between
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
(hereinafter referred to as "SBBC"),
a body corporate and political subdivision of the State of Florida,
whose principal place of business is
600 Southeast Third Avenue, Fort Lauderdale, Florida 33301
and
CITY OF DANIA BEACH, FLORIDA
(hereinafter referred to as "City"),
a Florida municipal corporation
whose principal place of business is
100 W Dania Beach Blvd, Dania Beach, FL 33004
WHEREAS,SBBC,as the controlling body of the district schools of Broward County, Florida
owns, operates, and maintains various facilities and sites throughout the County, including
elementary, middle, high schools, vocational sites, training facilities and equipment, and
lands/sites in the City suitable for use by City in its municipal programs; and
WHEREAS, partnerships between municipalities and SBBC instill a sense of civic pride and
responsibility in students that will last far beyond their educational experience; and
WHEREAS, municipalities and the SBBC may share resources to support their goals and
objectives; and
WHEREAS,SBBC and the City(hereafter referred to as the "Parties") believe that such an
arrangement will be of mutual benefit to the Parties and will fill a great need in that area of the
community and that cooperation between the Parties will result in great benefit to the residents
of the City; and
WHEREAS,it is the purpose and policy of the City to develop,operate,and maintain parks
and community recreational facilities; and
WHEREAS, SBBC and the City desire to enter into this Recreation License Agreement
(hereafter referred to as the "Agreement") for the purposes of allowing the City to make
improvements on and utilize portions of SBBC owned land (Site No. 47.1 a/k/a Olsen Middle
School), attached hereto as Exhibit A,for recreational and parking purposes.
Recreation License Agreement with City of Dania Beach,Florida 1 of 17
Site No. 47.1 a/k/a Olsen Middle School.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
contained herein and other good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged,the Parties hereby agree as follows:
ARTICLE 1- RECITALS
1.01 Recitals. The Parties agree that the foregoing recitals are true and correct and
that such recitals are incorporated herein by reference.
ARTICLE 2—SPECIAL CONDITIONS
2.01 Term of Agreement. Unless terminated earlier pursuant to Section 3.05 of this
Agreement, this Agreement shall commence on January 18, 2023, and conclude on January 17,
2048,for a term of twenty-five (25)years.
2.02 Renewal Option. City may request to renew this Lease Agreement for an
additional twenty-five (25) year term prior to its expiration, and if City does so, the terms and
conditions applicable to the renewal term shall be the same as those stated herein. To this end,
City shall provide SBBC with written notice of its intent to exercise this Renewal Option at least
two hundred and seventy (270) calendar days prior to the end of the term of the Lease
Agreement and such requested renewal shall be subject to SBBC approval.
2.03 Licensed Premises. SBBC does hereby license to the City an area or areas referred
herein as"Licensed Premises"and shown on the sketch attached hereto as Exhibit A;and Exhibit
B shows conceptually, components of the proposed improvements that the City will construct on
the Licensed Premises at the City's sole expense.
2.04 Uses Permitted. The uses and purposes of the Licensed Premises will be for
recreational use by the City's residents, and as needed by SBBC, in conformity with Paragraph
2.09 herein. The Licensed Premises are to be used strictly for recreational purposes and no
advertising or food concessions, nor the licensing, leasing,or renting of same, shall be permitted
by the City unless prior written consent of the SBBC Superintendent or designee is obtained.
Consent shall not be unreasonably withheld.
2.05 Parking. The City residents may use the open access parking lot(s) located on the
Olsen Middle School (hereafter referenced as School) site to park vehicles while using the
Licensed Premises. For the purposes of this Agreement a vehicle shall be defined as a car, pick-
up truck, SUV, motorcycles, and bicycles.
2.06 Conflict of Uses. The City's use of the Licensed Premises shall not conflict with
SBBC'S use of the Licensed Premises in its public education program and shall comply with the
applicable laws of the State of Florida.
2.07 Improvements. The location of any and all recreational improvements
placed/constructed by the City (hereafter referred to as the "Improvements") to be placed on
Recreation License Agreement with City of Dania Beach,Florida 2 of 17
the Licensed Premises, shall first be approved in writing by SBBC. The SBBC shall have the sole
discretion to approve the location of any Improvements the City makes on the Licensed Premises.
The SBBC's approval of the location of the City's Improvements shall not be unreasonably
withheld. Any Improvements placed on said Licensed Premises without the prior written
approval of SBBC shall be removed or relocated within ninety (90) calendar days of written
demand by SBBC. However, the Parties may agree that any unauthorized Improvements should
remain and amend this Agreement to include the use and responsibility of those Improvements.
The City's Improvements must include a security fence and gates, including a key and or access
code, to separate the SBBC school campus from the Licensed Premises. The key and or access
code shall be provided to SBBC.
a. The authority to grant this approval regarding the Improvements and the
security fencing/gates in this Agreement is hereby delegated by the SBBC to the Superintendent
of Schools or designee. Subject to the provisions of the foregoing paragraph,the Parties further
agree that City will prepare and submit plans to the Superintendent of Schools or designee for
review and approval. Any plans must meet State of Florida Building Code Requirements, Florida
Fire Protection Code, and State Requirements for Educational Facilities (hereafter referred to as
the "SREF"), as may be applicable, and any other requirements imposed by applicable law.
Superintendent of Schools or designee shall have forty-five (45) calendar days from the date of
receipt to review and comment on the plans submitted by the City. In the event the
Superintendent of Schools or designee fail to provide their review or comments within the forty-
five (45) day period, the City's plans shall be deemed approved. All design documents shall be
approved by the Superintendent of Schools or designee prior to submission to the Florida
Department of Education, if required. City agrees to obtain all necessary permits, inspections,
and approvals to obtain a Certificate of Occupancy from the School District. If necessary, City
also agrees to contract with a contractor for the construction of the Improvements, security
fencing, and gates.
b. Before the commencement of the Improvements, City shall require the
engaged contractor to furnish required insurance, surety payment, and performance bonds that
guarantee completion of the Improvements, to include full payment for all suppliers, material
men, laborers or subcontractors employed to complete the Improvements. City shall ensure that
the contractor shall be required by contract to deliver a copy of said insurance and surety bonds
to the City. Such insurance shall remain current throughout the construction of the
Improvements Such bonds shall remain in effect for one (1) year after completion of the
Improvements. City shall ensure that the contractor will cause the correction of any defective or
faulty work or materials that appear after the completion of the Improvements, security fencing,
and gates within the warranty period of such work performed.
c. City shall be solely responsible for all contractual obligations to the
contractor engaged to construct the Improvements.
d. City, upon appropriation of the necessary funding seeks to make the
following improvements on the Licensed Premises which are proposed to include:
Recreation License Agreement with City of Dania Beach,Florida 3 of 17
1. Security fence and gates;
2. Construct four(4) new tennis courts;
3. Construct two (2) pickleball courts;
4. Construct a multi-purpose open field/play area;
5. Construct a track around the multi-purpose open field/play area;
6. Construct a soccer field;
7. Construct a parking lot with approximately 63 parking spaces;
8. Construct a community center;
9. Construct two (2) playgrounds; and
10. Construct a walking/exercise path.
e. City shall construct/install all Improvements cited herein at its sole
expense.
f. The City shall act as owner's representative in completing all permit
applications and other documents related to the construction and project closeout of this
project.
g. The improvements listed above from Nos. 1 through 8, as well as any
other improvements authorized by the SBBC and constructed by the City are hereby deemed
City Improvements.
h. The City agrees to complete all the City Improvements, which may
include those listed above as Nos. 1 through 8, and any other improvements authorized by
SBBC, once the City does fiscally budget the necessary funds, including any applicable grant
funds, etc.
i. Should the City apply for grant funds,the SBBC shall promptly, within 30
days, sign off on any such applications, as a co-applicant/property owner. The City would be
responsible for compliance with all grant terms and conditions.
2.08 Maintenance.
a. The City shall maintain and keep the Licensed Premises clean and sanitary
free. The City shall mow and as needed, trim the trees located on the Licensed Premises and
maintain the vegetation to prevent the accumulation of weeds, tree debris, and other invasive
vegetation. Upon failure of the City to comply with the provisions of this section,SBBC shall give
written notice to the City of such failure to comply, by Certified Mail, Return Receipt Requested.
If after a period of ten (10) calendar days from the City's receipt date of the notice, and the City
has failed to commence the deficiencies contained in the notice, SBBC shall have the right to
enter upon the Licensed Premises and correct the deficiencies. Thereafter, SBBC shall invoice
the City for costs incurred by SBBC to correct the deficiencies, and the City shall pay the costs
incurred by SBBC within fifteen (15)calendar days after receipt of said billing by SBBC. Any billing
for SBBC's trash, debris removal or mowing shall be on a per-cleaning or per-mowing basis and
shall be due and paid by the City within fifteen (15) calendar days after receipt of said billing.
Recreation License Agreement with City of Dania Beach, Florida 4 of 17
to deliver a copy of said insurance and surety bonds
to the City. Such insurance shall remain current throughout the construction of the
Improvements Such bonds shall remain in effect for one (1) year after completion of the
Improvements. City shall ensure that the contractor will cause the correction of any defective or
faulty work or materials that appear after the completion of the Improvements, security fencing,
and gates within the warranty period of such work performed.
c. City shall be solely responsible for all contractual obligations to the
contractor engaged to construct the Improvements.
d. City, upon appropriation of the necessary funding seeks to make the
following improvements on the Licensed Premises which are proposed to include:
Recreation License Agreement with City of Dania Beach,Florida 3 of 17
b. Notwithstanding any of the provisions of the foregoing subsection, the
Parties further agree that the City will clean the Licensed Premises after each City sponsored
event and SBBC will clean the Licensed Premises after each SBBC sponsored event. In the event
that SBBC fails to maintain and clean the premises after its use of the Licensed Premises,the City
shall have the right to clean the premises and charge SBBC for all cleanup costs. SBBC shall pay
for such costs within fifteen (15) calendar days after receipt of said billing by the City.
c. Except as set forth in (b) above, City shall be solely responsible for the
routine upkeep and maintenance of the Licensed Premises and the City improvements thereon
and shall solely bear all related costs regarding such upkeep and maintenance, including all costs
for the repairs and replacement of the City's installed equipment's and fixtures.
d. The Parties agree that they shall be liable and responsible for any and all
cleanup, damages, and injuries that may occur during the time the Licensed Premises is under
their respective control.
e. The City will be solely responsible for striping the soccer field, multi-purpose
open field/play area, tennis courts, and pickleball courts for all sporting and recreational
activities.
2.09 License, Lease,or Rental of Licensed Premises. The City may not license or
lease the Licensed Premises for the use by a third party without obtaining the prior written
consent of the SBBC Superintendent of Schools or designee. Consent shall not be unreasonably
withheld. Request for consent shall be as provided under section 2.10(a) below.
2.10 Hours of Operation. The Licensed Premises and any improvements thereto will
be exclusively under the control and use of the SBBC during the hours school is in session.
a. If the City desires to utilize the Licensed Premises when the Licensed
Premises is under the control of SBBC, the City's Director of Parks and
Recreation or designee will complete the Notice of Facility Use Form,
attached hereto as Exhibit C,and submit the Form to the School Principal or
designee for approval no less than fifteen (15) calendar days before the
City's intended use. Consent shall not be unreasonably withheld. The
Parties acknowledge that any fence that is located between the School
grounds and the Licensed Premises shall be locked/secured by the City
before each and every use of the Licensed Premises. Also, the City will
properly secure the Licensed Premises each day between dusk and dawn.
b. The Licensed Premises will be under the control of the City during after
school hours, Mondays through Fridays, from 6:00 pm until 10 pm during
the SBBC school year,and from 7:00 am to 10 pm during the weekends,SBBC
recognized holidays, and SBBC scheduled summer months. If SBBC desires
to use the Licensed Premises when the Licensed Premises is under the City's
control,the School principal, Olsen Middle School or designee will complete
Recreation License Agreement with City of Dania Beach,Florida 5 of 17
s, security fencing,
and gates within the warranty period of such work performed.
c. City shall be solely responsible for all contractual obligations to the
contractor engaged to construct the Improvements.
d. City, upon appropriation of the necessary funding seeks to make the
following improvements on the Licensed Premises which are proposed to include:
Recreation License Agreement with City of Dania Beach,Florida 3 of 17
the Notice of Facility Use Form, Exhibit C,and submit the Form to the City's
Parks and Recreation Director or designee for approval no less than fifteen
(15) calendar days before the School's intended use. Consent shall not be
unreasonably withheld.
2.11 Ownership of Improvements at License Expiration. In general, the City
Improvement shall become the property of the SBBC at the termination of this Agreement. City
shall have the right to remove all personal property, non-fixture items or removable (non-
permanent) Improvements at the expiration or termination of this Agreement. At the end of
either the initial term, or any renewal terms, or if at any time this Agreement is terminated by
the SBBC prior to the end of the initial term or any renewal period, the City Improvements will
be evaluated and appraised to determine the extent of any remaining useful life and the Parties
shall negotiate a payment amount the SBBC shall pay to the City for the City Improvements.
2.12 Inspection of City's Records by SBBC. City shall establish and maintain books,
records and documents (including electronic storage media) related to this Agreement. All of
City's records, regardless of the form shall be open to inspection and subject to audit, inspection,
examination,evaluation and/or reproduction,during normal working hours, by SBBC agent or its
authorized representative. For the purpose of such audits, inspections, examinations,
evaluations and/or reproductions, SBBC's agent or authorized representative shall have access
to City's Records from the effective date of this Agreement, for the duration of the term of the
Agreement,and until the later of five (5)years after the termination of this Agreement or five(5)
years after the date of final payment by SBBC to City pursuant to this Agreement. SBBC's agent
or its authorized representative shall provide City with reasonable advance notice (not to exceed
two (2) weeks) of any intended audit, inspection, examination, evaluation and or reproduction.
SBBC's agent or its authorized representative shall have access to the City's facilities and to any
and all records related to the Agreement and shall be provided adequate and appropriate
workspace in order to exercise the rights permitted under this section. City shall comply and
cooperate immediately with any inspections, reviews,investigations,or audits deemed necessary
by the Florida Office of the Inspector General or by any other state or federal officials.
2.13 Notice. When any of the Parties' desire to give notice to the other, such notice
must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is
intended at the place last specified;the place for giving notice shall remain such until it is changed
by written notice in compliance with the provisions of this paragraph. For the present,the Parties
designate the following as the respective places for giving notice:
To SBBC: Superintendent of Schools
The School Board of Broward County, Florida
600 Southeast Third Avenue
Fort Lauderdale, Florida 33301
With a Copy to: Director, Facility Planning& Real Estate Department
The School Board of Broward County, Florida
600 Southeast Third Avenue
Recreation License Agreement with City of Dania Beach,Florida 6 of 17
ity, upon appropriation of the necessary funding seeks to make the
following improvements on the Licensed Premises which are proposed to include:
Recreation License Agreement with City of Dania Beach,Florida 3 of 17
Fort Lauderdale, Florida 33301
To City: City Manager
City of Dania Beach, Florida
100 W Dania Beach Boulevard
Dania Beach, FL 33004
With a Copy to: Director of Parks & Recreation
City of Dania Beach
100 W Dania Beach Boulevard
Dania Beach, FL 33004
With a Copy to: City Attorneys for
City of Dania Beach
100 W Dania Beach Boulevard
Dania Beach, FL 33004
2.14 Background Screening. The City agrees to comply with all requirements of
Sections 1012.32 and 1012.465, Florida Statutes, and all of its personnel who: (1) are permitted
access to school grounds when students are present; (2) will have direct contact with students;
(3) have access or control of school funds: (4) have successfully complete the background
screening required by the referenced statutes and meet the standards established by the
statutes. This background screening will be conducted by SBBC in advance of the City or its
personnel providing any services under the conditions described in the previous sentence. The
City shall bear the cost of acquiring the background screening required by Section 1012.32,
Florida Statutes,and any fee imposed by the Florida Department of Law Enforcement to maintain
the fingerprints provided with respect to the City and its personnel. The Parties agree that failure
of the City to perform any of the duties described in this section shall constitute a material breach
of this Agreement entitling SBBC to terminate immediately with no further responsibilities or
duties to perform under this Agreement. To the extent permitted by law, the City agrees to
indemnify and hold harmless SBBC, its officers and employees from any liability in the form of
physical or mental injury, death or property damage resulting from City's failure to comply with
the requirements of this Section or with Sections 1012.32 and 1012.465, Florida Statutes.
Nothing herein shall be construed as a waiver by SBBC or the City of sovereign immunity or of
any rights or limits to liability existing under Section 768.28, Florida Statutes.
2.15 Public Records. Any party contracting with SBBC is required to: (1) keep and
maintain available for public inspection any records that pertain to services rendered under this
Agreement;(2)provide the public with access to public records on the same terms and conditions
that SBBC would provide such records and at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;.(3)ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law; and (4) meet all requirements for retaining public records
and transfer, at no cost to SBBC, all public records in that party's possession upon termination of
its Agreement with SBBC and destroy any duplicate public records that are exempt or confidential
Recreation License Agreement with City of Dania Beach,Florida 7 of 17
orida
600 Southeast Third Avenue
Fort Lauderdale, Florida 33301
With a Copy to: Director, Facility Planning& Real Estate Department
The School Board of Broward County, Florida
600 Southeast Third Avenue
Recreation License Agreement with City of Dania Beach,Florida 6 of 17
ity, upon appropriation of the necessary funding seeks to make the
following improvements on the Licensed Premises which are proposed to include:
Recreation License Agreement with City of Dania Beach,Florida 3 of 17
and exempt from public records disclosure requirements. All of such party's records stored
electronically must be provided to SBBC in a format that is compatible with SBBC's information
technology systems. Each party shall maintain its own respective records and documents
associated with this Agreement in accordance with the records retention requirements
applicable to public records. Each party shall be responsible for compliance with any public
documents request served upon it pursuant to Section 119.07,Florida Statutes,and any resultant
award of attorney's fees for non-compliance with applicable Florida law. Each party
acknowledges that this Agreement and all attachments thereto are public records and do not
constitute trade secrets.
2.16 Student Records. Notwithstanding any provision to the contrary within this
Agreement, any party contracting with SBBC under this Agreement shall fully comply with the
requirements of Sections 1002.22 and 1002.221, Florida Statutes, FERPA, and any other state or
federal law or regulation regarding the confidentiality of student information and records. The
Parties agree, for themselves, its officers, employees, agents, representatives, contractors or
subcontractors,to fully indemnify and hold harmless SBBC and its officers and employees for any
violation of this section, including,without limitation, defending SBBC, its officers and employees
against any complaint, administrative or judicial proceeding, payment of any penalty imposed
upon SBBC,or payment of any and all costs,damages,judgments or losses incurred by or imposed
upon SBBC arising out of a breach of this covenant by the party, or an officer, employee, agent,
representative, contractor, or sub-contractor of the party to the extent that the party or an
officer, employee, agent, representative, contractor, or sub-contractor of the party shall either
intentionally or negligently violate the provisions of this section or of Sections 1002.22 and/or
1002.221, Florida Statutes.
2.17 Indemnification. The Parties agree to be fully responsible for any acts of
negligence, by their employees' when acting within the scope of their employment and agree to
be liable for any damages resulting therefrom. This section shall survive termination of all
performance or obligations under this Agreement and shall be fully binding until such time as any
proceeding brought on account of this Agreement is barred by any applicable statute of
limitations.
2.18 Insurance. Upon execution of this Agreement, the Parties shall submit to each
other, copies of their certificate(s) of insurance or self-insurance evidencing the required
coverage.
2.19 Required Insurance Coverages. The Parties acknowledge without waiving their
rights of sovereign immunity as provided by Section 768.28, Florida Statutes, that they are
insured or self-insured for general liability under state law with coverage limits of$200,000 per
person and$300,000 per occurrence,or such monetary wavier limits that may change and be set
forth by the legislature.
a. The Parties shall maintain General Liability Insurance, with limits of
liability not less than $1,000,000 Each Occurrence $2,000,000 General Aggregate. The
Parties shall procure and maintain at their own expense and keep in effect during the full
Recreation License Agreement with City of Dania Beach,Florida 8 of 17
mprovements on the Licensed Premises which are proposed to include:
Recreation License Agreement with City of Dania Beach,Florida 3 of 17
term of the Agreement, a policy or policies of insurance or self-insurance under a Risk
Management Program in accordance with Florida Statutes, Section 768.28 for General
Liability.
b. The Parties shall procure and maintain at their expense and keep in effect
during the full term of the Agreement, insured or Self-insured Worker's Compensation
Insurance with Florida statutory benefits in accordance with Chapter 440, Florida Statutes
including Employer's Liability limits not less than $100,000/$100,000/$500,000 (each
accident/disease-each employee/disease-policy limit).
c. Automobile Liability Insurance: The Parties shall maintain Automobile
Liability Insurance covering all Owned, Non-Owned and Hired vehicles in an amount of
not less than One Million Dollars ($1,000,000) per occurrence Combined Single Limit for
Bodily Injury and Property Damage.
d. Self-insurance and/or insurance requirements shall not relieve or limit the
liability of either party, except to the extent provided by,Section 768.28, Florida Statutes.
The Parties reserve the right to require other insurance coverage that the Parties deem
mutually necessary depending upon the risk of loss and exposure to liability, subject to
each party's Commission or Board approval, if necessary.
e. Violations of the terms of this section and its subparts shall constitute a
material breach of the Agreement and the non-breaching party may,at its sole discretion,
cancel the Agreement and all rights, title and interest shall thereupon cease and
terminate.
f. No activities under this Agreement shall commence until the required
proof of self-insurance and/or certificates of insurance have been received and approved
by the Risk Managers of each party.
2.20 Hazardous Materials. The City shall not cause or permit any Hazardous Material
(as hereinafter defined)to exclude general cleaning materials, to be brought upon, kept or used
in or about the Leased Property by the City, its agents, principals, employees, contractors,
consultants or invitees without the prior written consent by the SBBC, which consent may be
withheld for any reason whatsoever or for no reason at all. If the City breaches the obligations
stated in the preceding sentence, or if the presence of Hazardous Material upon the Leased
Property caused or permitted by the City(or the aforesaid others)results in(a)any contamination
of the Leased Property, the surrounding area(s),the soil or surface or ground water or(b) loss or
damage to person(s) or property, or if contamination of the Leased Property or the surrounding
area(s) by Hazardous Material otherwise occurs for which the City is legally, actually or factually
liable or responsible to SBBC (or any party claiming, by through or under SBBC) for damages,
losses, costs or expenses resulting therefrom, then the City shall be solely responsible for all
costs, expenses and amounts required to remediate, clean up and correct such matter and the
City shall further fully and completely indemnify, defend and hold harmless SBBC (or any party
claiming by, through or under SBBC) from any and all claims, judgments, damages, penalties,
Recreation License Agreement with City of Dania Beach,Florida 9 of 17
ability not less than $1,000,000 Each Occurrence $2,000,000 General Aggregate. The
Parties shall procure and maintain at their own expense and keep in effect during the full
Recreation License Agreement with City of Dania Beach,Florida 8 of 17
mprovements on the Licensed Premises which are proposed to include:
Recreation License Agreement with City of Dania Beach,Florida 3 of 17
fines, costs, liabilities or losses [including, without limitation: (i) diminution in the value of the
Leased Property and/or the land on which the Leased Property are located and/or any adjoining
area(s) which SBBC owns or in which it holds a property interest; (ii) damages for the loss or
restriction on use of rentable or usable space of any amenity of the Leased Property or the land
on which the Leased Property are located; (iii) damages arising from any adverse impact on
marketing of space; and (iv) any sums paid in settlement of claims, reasonable attorneys and
paralegals' fees, (whether incurred in court, out of court, on appeal or in bankruptcy or
administrative proceedings) consultants fees and expert fees] which arise during or after the
term of this Lease Agreement or any renewal thereof, as a consequence of such contamination.
This indemnification of SBBC by the City includes,without limitation,costs incurred in connection
with any investigation or site conditions or any clean-up, remedial, removal or restoration work
required by any federal, state or local governmental agency or political subdivision because of
Hazardous Material present in the soil or ground water on or under the Leased Property.The City
shall be given 30 days to cure any contamination that maybe found on the Leased Property due
to the City's neglect.
a. Without limiting the foregoing, if the presence of any Hazardous Material on,
under or about the Leased Property or the surrounding area(s) caused or
permitted by the City(or the aforesaid others) results in (a) any contamination of
the Leased Property,the surrounding area(s), the soil or surface or ground water
or (b) loss or damage to person(s) or property, then the City shall immediately
notify SBBC of any contamination, claim of contamination, loss or damage and,
after consultation and approval by SBBC,take all actions at the City's sole expense
as are necessary or appropriate to return the Leased Property, the surrounding
area(s) and the soil or surface or ground water to the condition existing prior to
the introduction of any such Hazardous Material thereto, such that the
contaminated areas are brought into full compliance with all applicable statutory
regulations and standards. The foregoing obligations and responsibilities of the
City shall survive the expiration or earlier termination of this Lease Agreement.
b. As used herein, the term "Hazardous Material" means any hazardous or toxic
substance, material or waste, including, but not limited to, those substances,
materials, and wastes listed in the United States Department of Transportation
Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection
Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or
such substances, materials and wastes that are or become regulated under any
applicable local, state or federal law. "Hazardous Material" includes any and all
material or substances which are defined as "hazardous waste", "extremely
hazardous waste" or a "hazardous substance" pursuant to local, state or federal
governmental law. "Hazardous substance" includes, but is not restricted to,
asbestos, polychlorobiphenyls ("PCB's"), petroleum, any and all material or
substances which are classified as "biohazardous" or "biological waste" (as such
terms are defined by Florida Administrative Code ("F.A.C.") Chapter 17-712, as
amended from time to time), and extremely "hazardous waste" or "hazardous
substance" pursuant to federal, state or local governmental law.
Recreation'License Agreement with City of Dania Beach,Florida 10 of 17
c. SBBC and its agents shall have the right, but not the duty, to inspect the Leased
Property at any time to determine whether the City is complying with the terms
of this Lease Agreement. If the City is not in compliance with this Lease
Agreement, SBBC shall have the right to immediately enter upon the Leased
Property to remedy at the City's expense any contamination caused by the City's
failure to comply, notwithstanding any other provision of this Lease Agreement.
SBBC shall use its best efforts to minimize interference with the City's operations
but shall not be liable for any interference caused thereby.
d. Any non-compliance by the City with its duties, responsibilities and obligations
under this Section shall constitute a default of this Lease Agreement, no notice of
any nature from SBBC to the City being required.
2.21 Security of Licensed Premises. The City is solely responsible for any security
needed during City sponsored events and/or activities on the Licensed Premises while the
Licensed Premises is under the sole control of the City. The City will further secure separation
from the School campus by locking campus gates before entering the Licensed Premises. If it is
determined that any safety issues resulting during the time the Licensed Premises are under the
City's control, the City will be liable for said issues. The City will secure the Licensed Premises
when under City control by locking the Licensed Premises after hours of operation as specifically
stated in Section 2.10 herein.
2.22 Equal Opportunity Provision. The Parties agree that no person shall be subjected
to discrimination because of age, race, color, disability, gender identity, gender expression
marital status, national origin, religion, sex or sexual orientation in the performance of the
Parties' respective duties, responsibilities and obligations under this Agreement.
2.23 Excess Funds. Any party receiving funds paid by SBBC under this Agreement
agrees to promptly notify SBBC of any funds erroneously received from SBBC upon the discovery
of such erroneous payment or overpayment. Any such excess funds shall be refunded to SBBC.
2.24 Incorporation by Reference. Exhibit A, Exhibit B, and Exhibit C attached hereto
and referenced herein shall be deemed to be incorporated into this Agreement by reference.
ARTICLE 3—GENERAL CONDITIONS
3.01 No Waiver of Sovereign Immunity. Nothing herein is intended to serve as a
waiver of sovereign immunity by any agency or political subdivision to which sovereign immunity
may be applicable or of any rights or limits to liability existing under Section 768.28, Florida
Statutes. This section shall survive the termination of all performance or obligations under this
Agreement and shall be fully binding until such time as any proceeding brought on account of
this Agreement is barred by any applicable statute of limitations.
Recreation License Agreement with City of Dania Beach,Florida 11 of 17
us waste", "extremely
hazardous waste" or a "hazardous substance" pursuant to local, state or federal
governmental law. "Hazardous substance" includes, but is not restricted to,
asbestos, polychlorobiphenyls ("PCB's"), petroleum, any and all material or
substances which are classified as "biohazardous" or "biological waste" (as such
terms are defined by Florida Administrative Code ("F.A.C.") Chapter 17-712, as
amended from time to time), and extremely "hazardous waste" or "hazardous
substance" pursuant to federal, state or local governmental law.
Recreation'License Agreement with City of Dania Beach,Florida 10 of 17
3.02 No Third Party Beneficiaries. The Parties expressly acknowledge that it is not
their intent to create or confer any rights or obligations in or upon any third person or entity
under this Agreement. Neither of the Parties intend to directly or substantially benefit a third
party by this Agreement. The Parties agree that there are no third party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against any of the Parties
based upon this Agreement. Nothing herein shall be construed as consent by an agency or
political subdivision of the State of Florida to be sued by third parties in any matter arising out of
any Agreement.
3.03 Independent Contractor. The Parties to this Agreement shall at all times be
acting in the capacity of independent contractors and not as an officer, employee or agent of one
another. Neither party nor its respective agents, employees, subcontractors or assignees shall
represent to others that it has the authority to bind the other party unless specifically authorized
in writing to do so. No right to SBBC retirement, leave benefits or any other benefits of SBBC
employees shall exist as a result of the performance of any duties or responsibilities under this
Agreement. SBBC shall not be responsible for social security, withholding taxes, and
contributions to unemployment compensation funds or insurance for the other party or the
other party's officers, employees, agents, subcontractors or assignees.
3.04 Default. The Parties agree that, in the event that either party is in default of its
obligations under this Agreement, the non-defaulting party shall provide to the defaulting party
(30) days written notice to cure the default. However, in the event said default cannot be cured
within said thirty(30) day period and the defaulting party is diligently attempting in good faith to
cure same,the time period shall be reasonably extended to allow the defaulting party additional
cure time. Upon the occurrence of a default that is not cured during the applicable cure period,
this Agreement may be terminated by the non-defaulting party upon thirty (30) days written
notice. This remedy is not intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy now or hereafter
existing at law or in equity or by statute or otherwise. No single or partial exercise by any party
of any right, power, or remedy hereunder shall preclude any other or future exercise thereof.
Nothing in this section shall be construed to preclude termination pursuant to Section 3.05.
3.05 Termination.
a. It is specifically agreed between the Parties hereto that at any time SBBC
desires to terminate this Agreement or any designated portion of the Licensed Premises which
SBBC determines is needed exclusively for school building purposes or for any other school
purposes, it shall have the right to do so with or without cause. SBBC's determination to cancel
this Agreement shall be conclusively binding upon the Parties. In the event SBBC so elects, the
City shall be given ninety(90) days written notice prior thereto and in the event of cancellation,
SBBC shall reimburse the City for the then remaining value of the City-installed Improvements
amortized for the remaining term. In the event the Parties hereto cannot mutually agree on said
value,same shall be appraised by three(3)appraisers; one selected by SBBC;one selected by the
City; and the third appraiser selected by the two appraisers appointed.
Recreation License Agreement with City of Dania Beach,Florida 12 of 17
b. In the event of such appraisal of the value, the average of the three (3)
appraisers shall be the amount SBBC shall pay. It is further agreed that SBBC shall be obligated
to pay the fee of the appraiser selected by SBBC;the City shall be obligated to pay the fee of the
appraiser selected by the City; and the City and SBBC shall each pay fifty percent (50%)of the fee
of the appraiser selected by the two aforementioned appraisers.
c. The City shall likewise have the unqualified right of cancellation of this
Agreement, in whole or as to any designated portion or area of the Licensed Premises upon
ninety (90) days written notice of cancellation to SBBC. If the City shall properly exercise its
option to cancel this Agreement, as to the whole or part of the Licensed Premises, the City shall
have the right, subject to SBBC's purchase option described below to remove any and all such
Improvements to the Licensed Premises as the City had placed thereupon, except that the City
shall not remove sod, landscaping, sand or earth placed upon the Licensed Premises (except as
incidental to removal of other fixtures and/or improvements) and the City shall, in the case of
removal of Improvements, reestablish the normal grade of the Licensed Premises to the
condition which the same was found upon the City's first entering the Licensed Premises
hereunder. If, upon cancellation by the City SBBC wishes to purchase the Improvements,the City
shall sell the same to SBBC at a mutually agreed upon price. However, if the City and SBBC cannot
mutually agree upon a price for the Improvements then the appraisal method, above described
in Section 3.05(b) hereof, shall be used to arrive at a binding price.
3.06 Compliance with Laws. The Parties shall comply with all applicable federal,
state and local laws, SBBC policies, codes, rules and regulations in performing their duties,
responsibilities and obligations pursuant to this Agreement.
3.07 Place of Performance. All obligations of SBBC under the terms of this Agreement
are reasonably susceptible of being performed in Broward County, Florida and shall be payable
and performable in Broward County, Florida.
3.08 Governing Law and Venue. This Agreement shall be construed by the laws of the
State of Florida. Any controversy or claim arising out of this Agreement shall be submitted
exclusively to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward
County, Florida or to the jurisdiction of the United States District Court for the Southern District
of Florida.
3.09 Entirety of Agreement. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to the
matters contained herein and the Parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
3.10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors and assigns.
Recreation License Agreement with City of Dania Beach,Florida 13 of 17
or the remaining term. In the event the Parties hereto cannot mutually agree on said
value,same shall be appraised by three(3)appraisers; one selected by SBBC;one selected by the
City; and the third appraiser selected by the two appraisers appointed.
Recreation License Agreement with City of Dania Beach,Florida 12 of 17
3.11 Assignment. Neither this Agreement nor any interest herein may be assigned,
transferred or encumbered by any party without the prior written consent of the other party.
3.12 Captions. The captions, section designations, section numbers, article
numbers, titles and headings appearing in this Agreement are inserted only as a matter of
convenience, have no substantive meaning, and in no way define, limit, construe or describe the
scope or intent of such articles or sections of this Agreement, nor in any way affect this
Agreement and shall not be construed to create a conflict with the provisions of this Agreement.
3.13 Severability. In the event that any one or more of the sections, paragraphs,
sentences, clauses or provisions contained in this Agreement is held by a court of competent
jurisdiction to be invalid, illegal, unlawful, unenforceable or void in any respect, such shall not
affect the remaining portions of this Agreement and the same shall remain in full force and effect
as if such invalid, illegal, unlawful, unenforceable or void sections,paragraphs,sentences,clauses
or provisions had never been included herein.
3.14 Preparation of Agreement. The Parties acknowledge that they have sought and
obtained whatever competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to herein express their mutual intent
and the resulting document shall not, solely as a matter of judicial construction, be construed
more severely against one of the Parties than the other.
3.15 Amendments. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement and executed by each party hereto. The
City Manager has authority to amend agreement on behalf of the City.
3.16 Waiver. The Parties agree that each requirement, duty and obligation set forth
herein is substantial and important to the formation of this Agreement and, therefore, is a
material term hereof. Any party's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement unless the waiver is in
writing and signed by the party waiving such provision. A written waiver shall only be effective
as to the specific instance for which it is obtained and shall not be deemed a continuing or future
waiver.
3.17 Force Majeure. Neither party shall be obligated to perform any duty,
requirement or obligation under this Agreement if such performance is prevented by fire,
hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other
labor disputes, riot or civil commotions,epidemics, pandemics,government regulations, and the
issuance or extension of existing government orders of the United States,the State of Florida, or
local county and municipal governing bodies, or by reason of any other matter or condition
beyond the control of either party, and which cannot be overcome by reasonable diligence and
without unusual expense("Force Majeure"). In no event shall a lack of funds on the part of either
party be deemed force Majeure. In the event any of the licensed facilities, or any part thereof,
Recreation License Agreement with City of Dania Beach, Florida 14 of 17
City; and the third appraiser selected by the two appraisers appointed.
Recreation License Agreement with City of Dania Beach,Florida 12 of 17
shall be destroyed by fire or any other cause, or if any other casualty or any unforeseen
occurrence shall render the fulfillment of this Agreement by either party impossible, then and
thereupon, this Agreement shall be modified to exclude the use of the damaged licensed facility
until such time as the owning party,at its discretion, returns the facility to an operable condition.
3.18 Survival. All representations and warranties made herein, indemnification
obligations, obligations to reimburse SBBC, obligations to maintain and allow inspection and
audit of records and property, obligations to maintain the confidentiality of records, reporting
requirements, and obligations to return public funds shall survive the termination of this
Agreement.
3.19 Agreement Administration. SBBC has delegated authority to the Superintendent
of Schools or designee to take any actions necessary to implement and administer this
Agreement. Such actions shall include, but not be limited to, the immediate suspension of the
use or occupancy of any or all SBBC Licensed Facilities as a result of the anticipation of imminent
existence or existence of any of the conditions listed in Article 3.17 — Force Maieure —
hereinabove.
3.20 Counterparts and Multiple Originals. This Agreement may be executed in
multiple originals, and may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same Agreement.
3.21 Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of
the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
[Remainder of page intentionally left blank]
Recreation License Agreement with City of Dania Beach,Florida 15 of 17
City Manager has authority to amend agreement on behalf of the City.
3.16 Waiver. The Parties agree that each requirement, duty and obligation set forth
herein is substantial and important to the formation of this Agreement and, therefore, is a
material term hereof. Any party's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement unless the waiver is in
writing and signed by the party waiving such provision. A written waiver shall only be effective
as to the specific instance for which it is obtained and shall not be deemed a continuing or future
waiver.
3.17 Force Majeure. Neither party shall be obligated to perform any duty,
requirement or obligation under this Agreement if such performance is prevented by fire,
hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other
labor disputes, riot or civil commotions,epidemics, pandemics,government regulations, and the
issuance or extension of existing government orders of the United States,the State of Florida, or
local county and municipal governing bodies, or by reason of any other matter or condition
beyond the control of either party, and which cannot be overcome by reasonable diligence and
without unusual expense("Force Majeure"). In no event shall a lack of funds on the part of either
party be deemed force Majeure. In the event any of the licensed facilities, or any part thereof,
Recreation License Agreement with City of Dania Beach, Florida 14 of 17
City; and the third appraiser selected by the two appraisers appointed.
Recreation License Agreement with City of Dania Beach,Florida 12 of 17
IN WITNESS WHEREOF,the Parties hereto have made and executed this Agreement on the date
first above written.
FOR SBBC
(Corporate Seal) THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
By:
ATTEST: Lori Alhadeff, Chair
Approved as to form and legal content:
Dr.Vickie L. Cartwright,Superintendent of Schools
Office of the General Counsel
[Remainder of page intentionally left blank]
Recreation License Agreement with City of Dania Beach,Florida 16 of 17
v, .
•
THOMAS SCHNEIDER, CMC Alp ARC J Y I
CITY CLERK \4 Ncr,' MAYOR
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APPROVED AS TO FORM AND CORRECTNESS:
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2 RESOLUTION#2022-188
FOR CITY
City of Dania Beach, Florida
(Corporate Seal)
Ana M. Garcia, City Manager
ATTEST:
City Clerk
Approved as to form and legal sufficiency
for the use of and reliance by the City of
Dania Beach, Florida,only.
City Attorney
Eve A. Boutsis
[Remainder of page intentionally left blank]
Recreation License Agreement with City of Dania Beach, Florida 17 of 17
tionally left blank]
Recreation License Agreement with City of Dania Beach,Florida 16 of 17
v, .
•
THOMAS SCHNEIDER, CMC Alp ARC J Y I
CITY CLERK \4 Ncr,' MAYOR
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APPROVED AS TO FORM AND CORRECTNESS:
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2 RESOLUTION#2022-188
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provisions contained in this Agreement.
[Remainder of page intentionally left blank]
Recreation License Agreement with City of Dania Beach,Florida 15 of 17
City Manager has authority to amend agreement on behalf of the City.
3.16 Waiver. The Parties agree that each requirement, duty and obligation set forth
herein is substantial and important to the formation of this Agreement and, therefore, is a
material term hereof. Any party's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement unless the waiver is in
writing and signed by the party waiving such provision. A written waiver shall only be effective
as to the specific instance for which it is obtained and shall not be deemed a continuing or future
waiver.
3.17 Force Majeure. Neither party shall be obligated to perform any duty,
requirement or obligation under this Agreement if such performance is prevented by fire,
hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other
labor disputes, riot or civil commotions,epidemics, pandemics,government regulations, and the
issuance or extension of existing government orders of the United States,the State of Florida, or
local county and municipal governing bodies, or by reason of any other matter or condition
beyond the control of either party, and which cannot be overcome by reasonable diligence and
without unusual expense("Force Majeure"). In no event shall a lack of funds on the part of either
party be deemed force Majeure. In the event any of the licensed facilities, or any part thereof,
Recreation License Agreement with City of Dania Beach, Florida 14 of 17
City; and the third appraiser selected by the two appraisers appointed.
Recreation License Agreement with City of Dania Beach,Florida 12 of 17
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n behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of
the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
[Remainder of page intentionally left blank]
Recreation License Agreement with City of Dania Beach,Florida 15 of 17
City Manager has authority to amend agreement on behalf of the City.
3.16 Waiver. The Parties agree that each requirement, duty and obligation set forth
herein is substantial and important to the formation of this Agreement and, therefore, is a
material term hereof. Any party's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement unless the waiver is in
writing and signed by the party waiving such provision. A written waiver shall only be effective
as to the specific instance for which it is obtained and shall not be deemed a continuing or future
waiver.
3.17 Force Majeure. Neither party shall be obligated to perform any duty,
requirement or obligation under this Agreement if such performance is prevented by fire,
hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other
labor disputes, riot or civil commotions,epidemics, pandemics,government regulations, and the
issuance or extension of existing government orders of the United States,the State of Florida, or
local county and municipal governing bodies, or by reason of any other matter or condition
beyond the control of either party, and which cannot be overcome by reasonable diligence and
without unusual expense("Force Majeure"). In no event shall a lack of funds on the part of either
party be deemed force Majeure. In the event any of the licensed facilities, or any part thereof,
Recreation License Agreement with City of Dania Beach, Florida 14 of 17
City; and the third appraiser selected by the two appraisers appointed.
Recreation License Agreement with City of Dania Beach,Florida 12 of 17
EXHIBIT "C"
NOTICE OF FACILITY USE FORM FOR RECIPROCAL USE AGREEMENT BETWEEN
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA AND DESIGNATED
LOCAL GOVERNMENTAL AGENCY
Name of Local Government I
Date Filed I
Location
Type of Activity
Facility Date(s) Needed Time(s) Needed
CHARGES (IF APPLICABLE)
Service/Item Fee
Total Fee(s) Due
NOTE:Please list the Service/Item on additional blank page(s)if you need space for additional information
CONTACTS/AUTHORIZED SIGNATURE
For School: Principal For Local Government: Parks and Recreation Director or
Equivalent Position
Name I Name
Title I
Title I
Date I
Date I
Signature: Signature:
E Approve r Disapprove r Approve r Disapprove
RATIONALE FOR DISAPPROVAL
Form#0000
New 10/12 Page20 of21
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n behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of
the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
[Remainder of page intentionally left blank]
Recreation License Agreement with City of Dania Beach,Florida 15 of 17
City Manager has authority to amend agreement on behalf of the City.
3.16 Waiver. The Parties agree that each requirement, duty and obligation set forth
herein is substantial and important to the formation of this Agreement and, therefore, is a
material term hereof. Any party's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement unless the waiver is in
writing and signed by the party waiving such provision. A written waiver shall only be effective
as to the specific instance for which it is obtained and shall not be deemed a continuing or future
waiver.
3.17 Force Majeure. Neither party shall be obligated to perform any duty,
requirement or obligation under this Agreement if such performance is prevented by fire,
hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other
labor disputes, riot or civil commotions,epidemics, pandemics,government regulations, and the
issuance or extension of existing government orders of the United States,the State of Florida, or
local county and municipal governing bodies, or by reason of any other matter or condition
beyond the control of either party, and which cannot be overcome by reasonable diligence and
without unusual expense("Force Majeure"). In no event shall a lack of funds on the part of either
party be deemed force Majeure. In the event any of the licensed facilities, or any part thereof,
Recreation License Agreement with City of Dania Beach, Florida 14 of 17
City; and the third appraiser selected by the two appraisers appointed.
Recreation License Agreement with City of Dania Beach,Florida 12 of 17
FOR SBBC USE ONLY
IF DISAPPROVED APPEAL TO
South Regional Superintendent
901 NW 129th Avenue, Pembroke Pines, FL 33060
Phone: (754) 321-3200
State Reasons for Appeal
r Appeal Approved (- Appeal Disapproved
Authorized Signature:
Print Name a Title: Date:
State Rational for Disapproval
FOR MUNICIPAL USE ONLY
IF DISAPPROVED APPEAL TO
CITY/TOWN MANAGER
State Reasons for Appeal
r Appeal Approved I— Appeal Disapproved
Authorized Signature:
Print Name a Title: Date:
State Rational for Disapproval
Form#o000
New 10/12 Page 19 of 19
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APPROVED AS TO FORM AND CORRECTNESS:
drift a b A
E 'E A. BOU SIS
TY r TTORNEY
2 RESOLUTION#2022-188