HomeMy WebLinkAboutR-2025-021 Rita Crockett Beach Sports Academy (RCSBA) License AgreementRESOLUTION NO. 2025-021
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING A LICENSE AGREEMENT WITH RITA
CROCKETT BEACH SPORTS ACADEMY (RCBSA) FOR A QUALIFIED
PROJECT FOR “THE PIT”, A BEACH SPORTS FACILITY AT FROST PARK;
AFTER COMPLIANCE WITH THE REQUIREMENTS OF FLORIDA
STATUTES SECTION 255.065, FOR AN UNSOLICITED PROPOSAL;
PROVIDING FOR A CONTRIBUTION OF CITY FUNDING NOT TO EXCEED
TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TOWARDS
FIFTY PERCENT (50%) OF STARTUP CAPITAL AND OPERATING COSTS;
PROVIDING FOR ANNUAL LICENSE FEES PAYMENTS BY RCBSA;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Rita Crockett Beach Sports Academy "RCBSA" is a 501 3C that issued an
unsolicited proposal to the City to develop a unique multisport beach facility in Dania Beach,
Florida that caters to all age groups and their needs for recreational outdoor activities; and
WHEREAS, RCBSA desires to develop “The Pit" at Frost Park, as a Beach Sport Complex
that offers a variety of lifestyle beach sports ranging from beach volleyball, footvolley, beach
tennis, beach flag football and more, and locating eight (8) lighted courts with a sitting area and
concession stand at Frost Park; and
WHEREAS, "The Pit" will offer leagues, vacation training packages, local, national, and
international tournaments to bring visitors to the City; and
WHEREAS, in receiving an unsolicited proposal the City selected to proceed with the
unsolicited proposal, provided it first holds a duly noticed public hearing at which the proposal is
presented and affected public entities and members of the public are able to provide comment and
at a second duly noticed public meeting determines that the proposal is in the public’s interest; and
WHEREAS, the City held its first public hearing on August 27, 2024; and
WHEREAS, the City held its second public hearing on September 12, 2024, and found
that the proposal meets a public need as required under Florida Statute Section 255.065.
WHEREAS, at the second public hearing the City Commission reviewed the following
factors to determine that the project is in the public interest and made a findings of fact regarding:
1. The benefits to the public.
2.The financial structure of and the economic efficiencies achieved by the
proposal.
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3. The qualifications and experience of the private entity that submitted the
proposal and such entity’s ability to perform the project.
4. The project’s compatibility with regional infrastructure plans.
5. Public comments submitted at the meeting. The responsible public entity
must provide a statement that explains why the proposal should proceed and
addresses such comments.
WHEREAS, after accepting the unsolicited proposal and following the requirements of
Florida law, the parties have negotiated a license agreement for Frost Park to install the Pit; and
WHEREAS, an unsolicited proposal from a private entity for approval of a qualifying
project (The Pit) must be accompanied by the following material and information, unless waived
by the responsible public entity:
(a) A description of the qualifying project, including the conceptual design of the facilities
or a conceptual plan for the provision of services, and a schedule for the initiation and completion
of the qualifying project.
(b) A description of the method by which the private entity proposes to secure the necessary
property interests that are required for the qualifying project.
(c) A description of the private entity’s general plans for financing the qualifying project,
including the sources of the private entity’s funds and the identity of any dedicated revenue source
or proposed debt or equity investment on behalf of the private entity.
(d) The name and address of a person who may be contacted for additional information
concerning the proposal.
(e) The proposed user fees, lease payments, or other service payments over the term of a
comprehensive agreement, and the methodology for and circumstances that would allow changes
to the user fees, lease payments, and other service payments over time.
(f) Additional material or information that the responsible public entity reasonably requests.
And,
WHEREAS, any pricing or financial terms included in an unsolicited proposal must be
specific as to when the pricing or terms expire; and
WHEREAS, the City may approve qualifying project, or the design or equipping of a
qualifying project that is developed or operated, if:
1. There is a public need for or benefit derived from a project of the type that the private
entity proposes as the qualifying project.
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2. The estimated cost of the qualifying project is reasonable in relation to similar facilities.
3. The private entity’s plans will result in the timely acquisition, design, construction,
improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying
project; and
WHEREAS, the City makes additional findings that there is a public need for and benefit
from the project; the cost estimate is reasonable in relation to similar facilities; and RCBSA’s
project will result in a timely acquisition, design, construction and operation of a qualifying project;
and
WHEREAS, the City desires to enter into the License Agreement with RCBSA.
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 City Commission has held the two public hearings required
pursuant to Florida Statutes Section 255.065 and made the finding of necessity for accepting the
unsolicited proposal.
Section 3. The City, complied with Florida Statutes Section 255.065(d), and published
in the Florida Administrative Register for at least 7 days a report that included the City’s findings
of public interest and identified the factors considered in making the public interest determination.
Section 4. The City after negotiations seeks to enter into a License Agreement with
RCBSA for “The Pit” at Frost Park, and that the City Commission authorizes the proper City
Officials to execute the extension of employment agreement with RCSBA with specific terms and
conditions, a copy of which Agreement is attached as Exhibit “A” and is incorporated by reference
into this Resolution.
Section 5. That the City Attorney is authorized to make minor revisions to the
provisions of the Agreement as deemed to be necessary and in the best interest of the City.
Section 6. That the Agreement provides for a contribution of City funding in an
amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) towards fifty percent
(50%) of startup capital and operating costs, via an appropriation of General Fund Unassigned
Reserve funds, account no. 001-00-00-389-90-01.
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Section 7. That the Agreement provides for monthly license fees paid by RCBSA
to the City in the annual amount of Sixty Thousand Dollars ($60,000.00), to begin in year two
and for all subsequent years including extensions of the Agreement.
Section 8. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 9. That this Resolution shall be in force and take 10 days after its passage
and adoption.
PASSED AND ADOPTED on February 11, 2025.
Motion by Vice Mayor Salvino, second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous _X_
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY