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Home My WebLink AboutR-2024-047 First Amendment with BCSB for Olsen Middle SchoolRESOLUTION NO. 2024-()l\, l A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE FIRST AMENDED RECREATION LICENSE AGREEMENT WITH THE SCHOOL BOARD OF BROW ARD COUNTY, FLORIDA, FOR PORTIONS OF SBBC OWNED LAND (SITE NO. 47 .1, A/KIA OLSEN MIDDLE SCHOOL) FOR RECREATIONAL AND PARKING PURPOSES ; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 13, 2022, the City approved the execution of a Recreational License Agreement between the School Board of Broward County and the City of Dania Beach at School Board property known as "Site No . 47.1 a/k/a Olsen Middle School", permitting the City to make improvements on the property for recreational and parking purposes; and WHEREAS, on January 23, 2024, the City Commission approved the conceptual design for Olsen Middle School, which includes specific amenities and site improvements, which require amendment of the initial Recreational License Agreement; and WHEREAS, the School Board of Broward County has provided the first amended agreement to the Recreational License Agreement to amend the specific recreational improvements planned for constrnction on the License Premises at Ol sen Middle School site as set forth in the amended School Board Agreement, which is attached as Exhjbit "A" and made a prut of this Resolution by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a pa.it of and incorporated into this Resolution by this reference. Section 2. That the proper City officials ai·e authorized to execute the amended Recreational License Agreement between the School Board of Broward County and the City of Dama Beach for the location known as Site No. 47.1 a/k/a Olsen Middle School. Section 3 . That Funding for the design of Olsen Middle School is appropriated and available within the Capital Projects Fund Buildings account no. 301-72-62-572-62-10. Section 4. That all resolutions or parts of resolutions in conflict with thls Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 day s after passage. PASSED AND ADOPTED on _ _,_A__,~4"--'-(_,_\ -=---\ _C---1-\ __ 2024 . • I Motion by (1,rm;.ss1C1JL.~ Jame ~ , second by ~ic-e ~(Y L-<hl-ellen . FINAL VOTE ON ADOPTION: Unanimous / Yes No Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV ATTEST: APPROVED AS TO FORM AND CORRECTNESS: 2 RESOLUTION #2 024-@ FIRST AMENDMENT TO RECREATION LICENSE AGREEMENT THIS FIRST AMENDMENT TO RECREATION LICENSE AGREEMENT is made and entered into as of this_ day of ______ _, 2024, 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, Florida 33004 WHEREAS, on January 18, 2023, SBBC and the City entered into a Recreation License Agreement ("Agreement") to allow the City to make specific recreational improvements on and utilize portions of SBBC owned land (Site No. 47.1, a/k/a Olsen Middle School) for recreational and parking purposes; and WHEREAS, the City desires to amend the specific recreational improvements planned for construction on the Licensed Premises at Olsen Middle School site as set forth in Exhibit A attached hereto; and WHEREAS, the Parties mutually agree to amend the Agreement to memorialize the City's planned new conceptual recreational improvements planned for construction in the Licensed Premises at Olsen Middle School site and as set forth in Exhibit B attached hereto; and 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 -CONDITIONS 2.01 The Agreement is hereby amended by interlineation as follows: Page 1 of 6 2.01.01 IMPROVEMENTS. DELETE and REPLACE Article 2.07 d. of the Agreement in its entirety with the following: d. City, upon appropriation of the necessary funding seeks to make the following improvements on the Licensed Premises which are proposed to include: 1. Construct Fifty-Two (52) parking spaces; 2. Construct one (1) track and field with a multi-purpose center field with synthetic grass; 3. Construct one (1) passive walk-park; 4. Construct one (1) tennis court; 5. Construct two (2) pickleball courts; 6. Construct one (1) facility that the City Parks and Recreation Department can occupy; 7. Construct one (1) multi-age playground with sunshade canopy; 8. Construct one (1) basketball court; 9. Install fencing, gates, and locks where necessary. 2.01.02 ADD new Article 3.22 as follows: 3.22 E-VERIFY COMPLIANCE. In accordance with Florida Statutes §448.095, the Contractor, prior to commencement of services or payment by the City, will provide to the City proof of participation/enrollment in the E-Verify system of the Department of Homeland Security. Evidence of participation/enrollment will be a printout of the Company's "Company Profile" page from the E-verify system. Failure to be continually enrolled and participating in the E-Verify program will be a breach of contract which will be grounds for immediate termination of the contract by the City. The Contractor will not hire any employee who has not been vetted through E-Verify. The Contractor may not subcontract any work for the City to any subcontractor that has not provided an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. 2.02 Order of Precedence among Agreement Documents. In the event of conflict between the provisions of the Agreement and the provisions contained herein, the provisions of the following documents shall take precedence in this order: (a) This First Amendment to Recreation License Agreement; and (b) The Recreation License Agreement. 2.03 Other Provisions Remain in Force. Except as modified herein, said Recreation License Agreement dated January 18, 2023, shall remain in full force and effect. Page 2 of 6 IN WITNESS WHEREOF, the parties hereto have each executed this Second Amendment to the Master lease Agreement. (CORPORATE SEAL) ATTEST: Dr. Peter B. Licata, Superintendent of Schools FORSBBC THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA Lori Alhadeff, Chair Approved as to form and legal content: Office of the General Counsel (Remainder of page intentionally left blank; signature page follows) Page 3 of 6 ATTEST: City Clerk Approved as to form and legal content by Office of the City Attorney for the use of And reliance by the City of Miramar only By:-------------- City Attorney __ day of __ _, 2024 FOR CITY THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation of the State of Florida By: ____________ _ City Manager Date: --------- (CITY SEAL} (Remainder of page intentionally left blank) Page 4 of 6 EXHIBIT A Pre vious Proposed Conceptual Drawing Olsen Middle School Park Site -Concept Plan CITY OF DANIA BEACH CITY-WIDE PAAKS MASTE RPI.AN Page 5 of 6 EXHIBIT B Revised Proposed Conceptual Drawing -Subject to Change Location of Amenities Page 6 of 6