Alex Dambach, AICP

Planning Supervisor

Peter Schwarz, AICP

Director of Community and Economic Development

Issue Statement: The applicant, Wood-DWG, LLC filled an application to develop the property located at 3557 North Dixie Highway with a mixed use building consisting of a ground floor restaurant or restaurant bar and a second floor residential apartment unit. Access through a City owned property is being requested by the Property Owner for parking, sanitation, and deliveries through a proposed Temporary Access Easement Agreement. 

Recommended Action: City Commission consideration of a Temporary Access Easement Agreement for the benefit of Wood-DWG, LLC and its tenants, guests, and customers.

Background: The applicant, Wood-DWG, LLC submitted a development review application and has been working toward developing a vacant infill lot along North Dixie Highway in the Downtown Mixed Use District, Park Place Subarea. Like several lots along the Dixie Highway corridor through the downtown, the lot is challenged with no vehicular access directly from Dixie Highway.

As part of the site development plan review process, the owner's representative, Dean Sirulnik, approached staff about accessing the rear of this site through the City's existing parking lot on the 3500 block of NE 11th Avenue. Specifically, the residents of the second floor residential apartment unit would need to traverse the City parking lot to park in the building's on-site parking space. In addition, customers and patrons of the ground floor business, as well as, delivery and sanitation services would need to use the City-owned parcel for access or pick-up and delivery activity.

The below summarizes the terms of the attached Temporary Access Easement Agreement:*

• Access: City grants the Property Owner, it’s guests and invitees a non-exclusive temporary access easement for purpose of vehicular and pedestrian ingress and egress (including trash and delivery services).

• Term: Initial term of ten (10) years. The City grants property owner one additional ten (10) year option to extend, subject to obtaining City Commission approval and with a written request six (6) months in advance of the existing term.

• Termination: After the Initial Term, the City can move to terminate this agreement with five (5) years written notice, provided there are more than five (5) years remaining in the term. If less than five (5) years remain, then in that event a two (2) year notice will be required.

• Sale of the City’s Property: Should the City move to sell its property, Wood-DWG would have the right of first refusal to purchase the property. Said purchase of the property would be subject to all applicable administrative rules for such transactions as required by the City of Oakland Park Charter or Code of Ordinances.

• Agreement to Run with the Land: The covenants, conditions, restrictions, easements, and the other provision of the Agreement shall run with the land described and shall be binding upon the property and the owner(s) thereof and all successors in title to any portion of said real properties during their respective ownership.

• Assignment of Easement: Notwithstanding the aforementioned provision the temporary access easement shall not be assigned by the owners of the property without the prior approval of the City Commission.

It is noted that the Temporary Access Easement Agreement does not grant any additional privileges to Wood-DWG, LLC, such as reserved parking, overnight parking, or any other right to use the City-owned parking lot that is not afforded every other user. All City parking regulations will continue to be in effect.