HomeMy WebLinkAboutR-2024-057 First Amendment with BCSB for Patrick J Meli ParkRESOLUTION NO. 2024-�S-I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE FIRST AMENDED RECREATION
LEASE AGREEMENT WITH THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA, (SBBC) FOR THE PURPOSE OF ALLOWING THE
CITY TO MAKE RECREATIONAL AND RELATED IMPROVEMENTS ON
PORTIONS OF SBBC OWNED LAND KNOWN AS PATRICK J MELI PARK;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on February 12, 2003, the City approved via resolution 2003-024 the
execution of a forty (40) year Lease Agreement between the School Board of Broward County
and the City of Dania Beach at School Board property known as Patrick J. Meli Park, for the
purpose of allowing the City to make recreational and related improvements on portions of
SBBC owned land and utilize recreational facilities as stipulated in the Agreement; and
WHEREAS, on August 1, 2019, the City Commission adopted via resolution number
2019-081 the Citywide Parks Master Plan approving the conceptual design for Partrick J. Meli
Park; and
WHEREAS, the School Board of Broward County has provided the First Amendment to
the Recreational Lease Agreement amending the specific recreational improvements planned for
construction on the Leased Premises at the Patrick J. Meli Park site, which is attached as Exhibit
"A" and made a part 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 part of and incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to execute the First
Amendment to the Recreational Lease Agreement between the School Board of Broward County
and the City of Dania Beach for the location known as Patrick J Meli Park.
Section 3. That Funding for the design of Patrick J Meli Park is appropriated and
available within the Parks Masterplan Fund P.J. Meli Park Buildings account no. 302-72-07-572-
62-10.
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are repealed to the extent of such conflict.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 effective 10 days after passage.
PASSED AND ADOPTED on 2024.
%1 ��y��� second b. V (� F YAM ^ ` "
Motion by (�om • ' 11 M' S
FINAL VOTE ON ADOPTION: Unanimous j
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan N
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND CI
Yes No
2 RESOLUTION #2024--QSl
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE 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
(hereinafter referred to as "City"),a Florida municipal corporation whose principal place of
business isl00 West Dania Beach Blvd., Dania Beach, Florida 33004
WHEREAS, on March 4, 2003, SBBC and the City entered into a forty (40) year Lease
Agreement (hereafter referred to as the "Agreement") for the purposes of allowing the City to make
recreational and related improvements on portions of SBBC owned land known as Patrick J Meli
Park (formally known as Griffin Park), and thereafter, utilize the recreational facilities as stipulated
in the Agreement; and
WHEREAS, the City desires to amend the current recreational and related improvements
delineated in the Agreement and depicted in Exhibit "A"; and
WHEREAS, SBBC and the City mutually desire to amend the Agreement to memorialize
the City's planned new conceptual recreational improvements to be construction on the Leased
Property at Patrick J Meli Park and depicted in Exhibit `B".
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 The Parties agree that the foregoing recitals are true and correct and that such
recitals are incorporated herein by reference.
ARTICLE 2 —AMENDED PROVISIONS
2.01 DELETE and REPLACE Article 2.06 of the Agreement in its entirety with the
following:
2.06 IMPROVEMENTS. The location of any and all recreational
improvements placed/constructed by the City (hereafter "Improvements") to be
placed on 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 Chief Facilities Officer. 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:
1.
Parking Spaces;
2.
Multi -purpose Field;
3.
Swim Center;
4.
Community Center;
5.
Pickleball Courts;
6.
Tennis Courts;
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7. Multi -age Playgrounds;
8. Basketball Court;
9. Softball/Baseball Field
10. Restrooms;
11. Exercise Path;
12. Install fencing, gates, and locks where necessary.
2.02 DELETE and REPLACE Article 2.13 of the Agreement in its entirety with the
following:
2.13 MAINTENANCE. 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.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
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(e) City will also maintain the pool chemical, mechanical, and filtration
systems. City will perform daily and other regular pool maintenance to include
chemical balancing, backwashing and other pool maintenance functions. City
agrees to maintain the pool temperature at, at least 81 degrees F, and the pool shall
be heated if necessary.
2.02 DELETE and REPLACE Article 2.15 of the Agreement in its entirety with the
following:
2.15 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.
2.03 DELETE and REPLACE Article 3.13 of the Agreement in its entirety with the
following:
3.13 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 commotion, 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, 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.
2.04 ADD new Articles 2.21, 2.22, 2.23, 2.24, 2.25, 3.17, 3.18, 3.19 and 3.20 as follows:
2.21 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 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 parry 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
parry acknowledges that this Agreement and all attachments thereto are public records and
do not constitute trade secrets.
2.22 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
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 parry'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.
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2.23 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, 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
L
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.
(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.
2.24 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.
2.25 INCORPORATION BY REFERENCE. Exhibit A and Exhibit B attached
hereto and referenced herein shall be deemed to be incorporated into this Agreement by
reference.
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3.17 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.
3.18 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 2.12
3.19 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.
3.20 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 3.13 - Force Majeure - hereinabove.
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E
(CORPORATE SEAL)
ATTEST:
Dr. Peter B. Licata
Superintendent of Schools
FOR SBBC
THE SCHOOL BOARD OF
BROWARD COUNTY, FLORIDA
Lori Alhadeff, Chair
Approved as to form and legal content:
Office of the General Counsel
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/�YlWIN
ELORA RIERA, MMC
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
II1 1 '
u_. •:
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
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EXHIBIT A
Current Leased Properly- Ariel View
Property Id: 504232010541 "Please see map disclaimer
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Proposed Improvements Conceptual Drawing — Subject to Change Location of Amenities
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