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Home My WebLink AboutR-2024-089 Dania Beach Rentals, LLC ROW Landscape Maintenance Agreement at Seaview IRESOLUTION NO. 2024-M I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RIGHT-OF-WAY LANDSCAPE MAINTENANCE AGREEMENT ("AGREEMENT") WITH DANIA BEACH RENTALS LLC, ("THE DEVELOPER') FOR THE PURPOSE OF THE DEVELOPER TO MAINTAIN THE AIA RIGHT OF WAY FROM US-1/SR-5 TO GULFSTREAM ROAD (SEAVIEW 1); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 9, 2021, pursuant to Resolution No. 2021-179, the City approved the site plan modification for property located at 601 E. Dania Beach Boulevard, known as Seaview I which provides for certain landscaping, pavers, and sprinklers within the AIA right- of-way; and WHEREAS, FDOT has jurisdiction of AlA (East Dania Beach Boulevard as part of the State Highway System; and WHEREAS, the Developer agrees to maintain and irrigate the installation of landscaping and pavers, as stipulated in the Right -of -Way Landscape Maintenance Agreement (Agreement); and WHEREAS, the Agreement shall be in effect for as long as the improvements exist. 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 approve the Agreement with Dania Beach Rentals LLC for the maintenance of the landscaping improvements and paver installation located at the Seaview I development, which agreement is attached as Exhibit "A" and incorporated into this Resolution by this reference. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect in ten (10) days after its passage and adoption. PASSED AND ADOPTED on .J O1fle ZS , 2024. (� Morton by l C(1C(1 �IM&S , second by/ `,Eck k\a ��' FINAL VOTE ON ADOPTION: Unanimous '✓ Yes No Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino T Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV APPROVED AS TO FORM AND CORRECTNESS: E eYATTORNEY TSIS C ARC &JAN IV MAYOR RESOLUTION #2024- This Instrument Prepared by: Eve Boutsis, City Attorney City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 RIGHT-OF-WAY LANDSCAPE MAINTENANCE AGREEMENT THIS RIGHT-OF-WAY LANDSCAPE MAINTENANCE AGREEMENT ("Agreement") is made and entered into as of , 2024, by and between DANIA BEACH RENTALS LLC (the "DEVELOPER") and the CITY OF DANIA BEACH, a Florida municipal corporation (the "City"). RECITALS WHEREAS, DEVELOPER is the owner of certain real property located in the City which real property is more particularly described in Exhibit A attached hereto and commonly known as the "Seaview I" (hereinafter referred to as the "Pro a "); and WHEREAS, on November 9, 2021, pursuant to Resolution No. 2021-179, the City approved the site plan modification for property located at 601 E. Dania Beach Boulevard, known as Seaview I; and WHEREAS, FDOT has jurisdiction of AIA (East Dania Beach Boulevard as part of the State Highway System; and WHEREAS, in order for the improvements along the right-of-way, including landscaping, sprinklers, and pavers to be installed by the DEVELOPER, FDOT requires that the City maintain the improvements and landscaping by entering into a Landscape Maintenance Memorandum of Agreement (MMOA) with FDTO; and WHEREAS, the City is willing to enter into the MMOA, but also requires the DEVELOPER to enter into a similar agreement with the City to ensure that the pavers, sprinklers, and landscaping is properly maintained, and that the responsibility continue to be provided by the DEVELOPER; and WHEREAS, DEVELOPER agrees to the perpetual maintenance of right-of-way improvements. NOW, THEREFORE, for and in consideration of the mutual terms and conditions contained in this Agreement, the sufficiency and adequacy of which are hereby acknowledged by the parties hereto, the parties to this Agreement do hereby agree as follows 1. Recitals. The foregoing recitations contained in the "Whereas Clauses" are true and correct and are hereby incorporated herein by this reference. All exhibits to this Agreement are hereby deemed a part thereof. 2. Maintenance. DEVELOPER is to maintain those landscape improvements within the plans submitted by DEVELOPER, including plant materials, irrigation systems and/or hardscape (such as specialty surfacing, site furnishings, or other nonstandard items (if applicable), but excluding standard concrete sidewalk). Repairs. a. Emergency Repairs by the City — In the event an emergency repair is required to be performed, the City shall immediately proceed to perform the necessary work. An "emergency repair" is defined as work that is required to be performed on an emergency basis due to an imminent threat to the safety of the traveling public. The City shall send notice of the emergency repair and the customary and reasonable costs associated thereto to DEVELOPER within thirty (30) days after the work is performed and DEVELOPER shall reimburse the City within thirty (30) days following receipt. 4. Notices. All notices to be given hereunder shall be in writing and personally delivered or sent by registered or certified mail, return receipt requested, or delivered by an air courier service utilizing return receipts to the parties at the following addresses (or to such other or further addresses as the parties may designate by like notice similarly sent) and such notices shall be deemed given and received for all purposes under this Agreement three (3) business days after the date same are deposited in the United States mail, if sent by registered or certified mail, or the date actually received if sent by personal delivery or air courier service, except that notice of a change in address shall be effective only upon receipt. If to DEVELOPER: Joseph Milton DANIA BEACH RENTALS LLC 3211 Ponce de Leon Boulevard #301 Coral Gables, FL 33134 If to City: Ana M. Garcia, ICMA-CM City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Email: agarcia@daniabeachfl.gov With copy to: Eve A. Boutsis City Attorney City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Email: eboutsis@daniabeachfl.gov 5. Term. This Agreement shall have a duration of twenty (20) years and shall be extended automatically for five (5) year increments unless terminated by the City. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all prior negotiations and agreements between them with respect to all or any of the matters contained herein. 7. Amendment. This Agreement may be amended by the parties hereto only upon the execution of a written amendment or modification signed by the parties and recorded amongst the public records of Broward County, Florida. 8. Waivers. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not constitute a waiver of any other default or of any such rights or remedies. 9. Assignment and Bindin Eg ffect. This Agreement and the rights, duties, obligations and privileges of the parties herein are assignable with the prior written consent of the City and DEVELOPER. Any assignment of this Agreement shall be recorded amongst the public records of Broward County, Florida. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. 10. Severability. The invalidity, illegality or unenforceability of any one or more of the provisions of this Agreement shall not affect any other provision of this Agreement, but this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 11. Parties to Agreement. This is an agreement solely between the City and DEVELOPER. The execution and delivery hereof shall not be deemed to confer any rights or privileges on any person not a party hereto other than the successors or assigns of the City or DEVELOPER. 12. Venue: All legal actions arising out of or connected with this Agreement must be instituted in the Circuit Court of Broward County, Florida. The laws of the State of Florida shall govern the interpretation and enforcement of this Agreement. 13. Attorneys' Fees: Jury Trial. In the event of any controversy arising under or relating to the interpretation or implementation of this Agreement or any breach thereof, the City or DEVELOPER, as the case may be, as the prevailing party, shall be entitled to payment for all reasonable attorneys' fees, paralegals' fees, experts' fees, mediation fees and costs incurred in connection therewith both at the trial and appellate levels. 14. Recordation. This Agreement shall be recorded in the Public Records of Broward County, Florida and DEVELOPER shall pay the cost of recording. 15. Effective Date. This Agreement shall be effective upon the later of (a) the date the Agreement is entered into by the parties, or (b) the final inspection and acceptance of the Fronton Boulevard improvements by the City and Broward County, as applicable. IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ELORA RIERA, MMC CITY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS CITY ATTORNEY CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ARCHIBALD J. RYAN IV MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER El WITNESSES: Print Name: Print Name: STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI DADE DEVELOPER DANIA BEACH RENTALS LLC By: Name: The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the _ day of , 2024, by , as of Dania Beach Rentals, LLC, a Florida limited liability company, who is personally known to me or produced as identification. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: EXIIIBIT "A" Legal Description of Property PARCEL "A", OF "CALM", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 AT PAGES 168 AND 169 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 0 EXIIIBIT `B" Legal Description of Fronton Boulevard EXHIBIT "C" Yearly Itemized Costs for the Maintenance of Fronton Boulevard Task Item Annualized Cost Landscape Maintenance $24,000.00 Maintenance of Drainage Systems $667.00 Miscellaneous Maintenance $2,000.00 w EXHIBIT "D" Planting Plan and Schedule for Fronton Boulevard 10