HomeMy WebLinkAboutReso 2014-2233RESOLUTION NO. 2014--2.133
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRE FLOW
AGREEMENT BETWEEN CITY OF NORTH MIAMI BEACH,
AND THE CITY OF SUNNY ISLES BEACH FOR GATEWAY
PARK AND PARKING GARAGE, IN SUBSTANTIALLY THE
SAME FORM ATTACHED HERETO AS EXHIBIT "A ";
PROVIDING THE CITY MANAGER AND THE CITY
ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the CITY OF SUNNY ISLES BEACH is the owner of that certain parcel of
real property legally described in Exhibit "A" attached hereto and has entered into that certain
design -build Agreement with 4M INVESTORS, LLC (the "DEVELOPER ") under Resolution
2011 -1735 as amended, to construct a 4 -STORY PARKING GARAGE WITH A 15,532
SQUARE FOOT BANQUET HALL PLUS PARK AND PERFORMANCE STAGE WITH 460
VISITOR CAPACITY AT 151 SUNNY ISLES BOULEVARD, (the "Building "); and
WHEREAS, NORTH MIAMI BEACH owns and operates a public water system in
Miami -Dade County, Florida (the "County ") and desires to provide fire flow service to CITY OF
SUNNY ISLES BEACH under the terms and conditions of this Agreement (the "Agreement ");
and
WHEREAS, the City Commission wishes to approve the Fire Flow Agreement between
City of Sunny Isles Beach and the City of North Miami Beach, in substantially the same form as
the attached Exhibit "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Fire Flow Agreement. The Agreement between City of Sunny Isles
Beach and the City of North Miami Beach is hereby approved in substantially the same form
attached hereto as Exhibit "A ".
Section 2. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate the terms of this
Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this t]:�`''ay of April 2014.
Page 1 of:
ATTES
Jane A. Hines, City Clerk, MMC
APPROVED AS TO FORM
ANDATUALAUFFICIENCY:
Attorney
Vote: 5-0
Mayor Edelcup
Vice Mayor Aelion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
Moved by: &_�kpt_
Seconded by: (*-T` O
Page 2 of 2
Li(Yes)
(No)
/(Yes)
(No)
(Yes)
(No)
(/(Yes)
(No)
V(Yes)
(No)
AGREEMENT
THIS AGREEMENT, entered into this day of , 2014, by and
between CITY OF SUNNY ISLES BEACH, a corporation organized under the laws of the State
of Florida, hereinafter referred to as "OWNER ", and the CITY OF NORTH MIAMI BEACH, a
municipal corporation, hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, the CITY OF SUNNY ISLES BEACH is the owner of that certain parcel of
real property legally described in Exhibit "A" attached hereto and has entered into that certain
design -build agreement with 4M INVESTORS, LLC (hereinafter referred to as "DEVELOPER ")
under Resolution 2011 -1735 as amended, to construct a 4 -STORY PARKING GARAGE WITH
A 15,532 SQUARE FOOT BANQUET HALL PLUS PARK AND PERFORMANCE
STAGE WITH 460 VISITOR CAPACITY AT 151 SUNNY ISLES BOULEVARD, hereinafter
referred to as "the Building," ; and
WHEREAS, the CITY owns and operates a public water system in Miami -Dade County,
Florida and desires to provide fire flow service to OWNER under the terms and conditions of
this Agreement; and
WHEREAS, as a condition precedent to DEVELOPER, Assignees, and Successors in
interest obtaining a building permit for the Building, DEVELOPER must evidence reasonable
assurances to Metropolitan Miami -Dade County that an adequate water supply for fire
suppression will be available for the Building site in accordance with Section 2- 103 -21 of the
Metropolitan Miami -Dade County Code, which defines an adequate water supply for fire
suppression as "the utility system being capable of delivering not less than 3,000 GPM at 20 psi
residual, with each fire hydrant being able to deliver not less than 1,000 GPM "; and
WHEREAS, DEVELOPER agrees to install 825 L/F OF 12" C -900 WATER MAIN, 7
L/F OF 8" C -900 WATER MAIN AND MISCELLANEOUS PARTS & ASSEMBLIES AT 151
SUNNY ISLES BOULEVARD, hereafter referred to as the "Improvement "; and hereafter, the
Building and Improvement are collectively referred to as "the Project "; and
WHEREAS, this proposed Improvement is as indicated on plans submitted by
DEVELOTEC, INC. and as approved by the CITY OF NORTH MIAMI BEACH PUBLIC
SERVICES DEPARTMENT ( "Public Services Department ") on FEBRUARY 21, 2014; and
WHEREAS, the CITY is willing to cooperate with DEVELOPER and permit
DEVELOPER, to the extent the CITY has authority to do so, to construct the Improvement,
provided this shall be done at the sole cost and expense of DEVELOPER without financial
contribution from the CITY of any nature whatsoever; and
Page 1 of 7
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, it is agreed by and between the parties as follows:
1. That the foregoing recitals are true and correct.
2. DEVELOPER shall construct, at its own discretion, its own fire prevention
system on the subject Property. DEVELOPER is providing and constructing such system, or
choosing not to construct such system, based upon DEVELOPER's own knowledge and for
DEVELOPER's own purposes. DEVELOPER will retain ownership and be responsible for the
maintenance and operation of the fire prevention system.
3. Any additional costs incurred as a result of changes in the Improvement's design
requirements made by a regulatory agency having jurisdiction shall be the responsibility of the
DEVELOPER.
4. The CITY agrees to allow DEVELOPER, to the extent of the CITY's authority, to
install the Improvement in the easement and/or right -of -way as noted above. Further, the CITY
will allow DEVELOPER to tie the Improvement into the existing line, and within six months of
completion, the CITY will provide an adequate water supply, as defined in the Metropolitan
Miami -Dade County Code, to service the Building. OWNER and DEVELOPER agree that the
cost and expense of construction of all consumer installations, including but not limited to
appliances, pipes, valves, fixtures, shut -offs, or apparatus of every kind and nature used in
connection with or forming a part of an installation for utilizing water services and extending
from the CITY's water mains in a public place or easement or reserved strip or on OWNER's
property, shall be that of the OWNER. In addition, the CITY agrees to use reasonable efforts to
assist DEVELOPER to obtain such governmental approvals as may be necessary to construct the
Improvement so long as there is no cost to the CITY and to allow OWNER to use such utility
easements as the CITY controls to install the Improvement.
5. DEVELOPER agree to pay for engineering costs and all costs of installing the
Improvement. The consent of the CITY to the installation of said Improvement is expressly
contingent upon the CITY not incurring any expenditure for the Improvement other than routine
administrative costs and subsequent costs of maintenance.
6. OWNER and DEVELOPER agree to convey to the CITY at no charge and the
CITY agrees to accept the Improvement when completed and tested, provided said Improvement
is constructed in compliance with the approved plans and to the utility's standards and has passed
a final inspection by utility personnel. In addition, the following documents are to be submitted
to and accepted by the Public Services Department:
i) As -Built drawings, one (1) Mylar transparency and one (1) print certified
and signed by contractor and engineer of record and meeting the as -built
drawing standard of the utility;
ii) Contractor's Waiver and Release of Lien;
Page 2 of 7
iii) Easement Agreement, if required;
iv) Absolute Bill of Sale;
v) Developer's Letter of Warranty (one year); and
vi) Engineer's Certificate of Completion (DERM).
All documents listed above are to be submitted in a form acceptable to the CITY. Sample
documents of an acceptable form are available from the Public Services Department. If the above
requirements are not fully and completely complied with, the CITY retains the right to withhold
any and all water service or connections to be provided to the Improvement or to disconnect any
temporary water service until written acceptance of the Improvement is issued by the CITY.
7. Any water service which may be provided as an accommodation to OWNER or
DEVELOPER prior to final acceptance of the Improvement is to be considered temporary and
subject to disconnection at any time prior to such final acceptance.
8. After completion and acceptance by the CITY, the Improvement shall remain the
sole and exclusive property of the CITY, which will have the obligation to maintain the
Improvement so long as the CITY operates the existing water system.
9. The Fire Flow Demand Charge for the Building has been calculated to be One
Hundred Thirty Four Thousand Four Hundred Twenty Two Dollars and Seventy Six Cents
($134,422.76). One Hundred Five Thousand Four Hundred Sixteen Dollars and Sixty Two Cents
($105,416.62) of the cost of the Improvement shall be credited against the Fire Flow Demand
Charge required of the OWNER and DEVELOPER. The additional Twenty Nine Thousand Six
Dollars and Fourteen Cents ($29,006.14) has been remitted prior to the issuance of a building
pernut.
10. The OWNER and DEVELOPER agree, by this voluntary construction of the
Improvement, to provide documentation establishing the cost of the Improvement to substantiate
the above - described fire flow demand charge credit. The CITY shall accept, for the purposes of
establishing the DEVELOPER'S costs, the actual costs paid for the following items as credits: (a)
actual contractor or subcontractor cost for materials and installation of water main; (b) bonding
and insurance costs directly attributable to water main construction; (c) permit fees for water
main; (d) engineering, inspection and management costs, not to exceed fifteen percent (15 %) of
the total of (a), (b) and (c) above. Items which are not included in the cost for which
DEVELOPER shall receive credit include, but are not limited to, the following: (e) domestic and
fire service lines, meters, detector check valves, etc., downstream of point of connection of water
main; (f) permit fees for structures and other on -site facilities. In the event that the actual cost is
in an amount less than the credit given by the CITY, the DEVELOPER shall be required to pay
the difference between such amounts. In the event the cost is in excess of the fire flow credit,
Page 3 of 7
neither the DEVELOPER nor the OWNER shall not be entitled to any future credit on this
property, Building, or Improvement.
11. OWNER and DEVELOPER further agree that by the execution of this
Agreement, and in consideration of the mutual benefits contained herein, the OWNER and
DEVELOPER waive any and all legal claims against the CITY regarding the fire flow demand
charge imposed for the Building.
12. Notwithstanding other provisions of this Agreement, it is understood by both
parties that this Agreement is contingent upon the issuance of a building permit to DEVELOPER
by the appropriate governmental authorities of Miami -Dade County and/or other governmental
authorities and DEVELOPER's commencement of construction of the Building. Should said
building permit not be obtained or construction of the Building not be commenced within 120
days from the date hereof, this Agreement may be terminated by CITY at any time thereafter
upon written notice to the OWNER, provided that OWNER and/or DEVELOPER shall pay all
engineering, legal or other costs, other than routine administrative costs which may have been
incurred by the CITY in relation to this Agreement, up to the time of receipt of such written
notice by the CITY.
13. OWNER and DEVELOPER shall hold the CITY and its officers, agents and
employees harmless from all suits, claims or liabilities of any nature, including attorney's fees,
costs and expenses for or on account of injuries or damages sustained by any persons or property
resulting from activities or omissions of the OWNER and DEVELOPER, its agents, employees,
guests or invitees related in any way to the use, maintenance, repair, or failure of operation of the
services; and if judgment be rendered or settlement made requiring payment of damages by
CITY, which damages are based on the activities or omissions of OWNER and DEVELOPER,
its agents, employees, guests or invitees, the OWNER and DEVELOPER shall pay the same.
14. OWNER and DEVELOPER shall indemnify and hold CITY and CITY'S
directors, officers, employees and agents harmless from any and all claims, including but not
limited to claims for damage to property or personal injury, resulting from or in connection with
the work performed or the services provided under this Agreement. Where the CITY seeks
indemnification from DEVELOPER under the terms of this provision, DEVELOPER shall be
responsible for any compensable damages as well as attorney's fees and court costs, except that
which is the result of the gross negligence of the CITY.
15. By signing this Agreement, DEVELOPER warrants that it is a limited liability
company in good standing in the State of Florida, that the person signing on DEVELOPER's
behalf is authorized to do so and shall bind DEVELOPER and that execution of this Agreement
shall not put DEVELOPER in breach of any other agreement, including, but not limited to,
financing or security arrangements.
Page 4 of 7
16. This Agreement does not create any relationship or obligation to any person or
entity other than OWNER and DEVELOPER. The only relationship created between CITY and
DEVELOPER is the obligations of DEVELOPER and CITY expressly set forth herein.
Similarly, the only relationship created between CITY and OWNER are comprised of the
obligations of OWNER and CITY expressly set forth herein.
17. OWNER and DEVELOPER understand and agree that CITY is not acting as an
insurer of OWNER or DEVELOPER, or the real property or property of others on the property.
CITY shall not be liable for any loss of life, personal injury or loss or damage to the real property
or the property of OWNER, its employees, agents, guests or invitees. OWNER and
DEVELOPER shall hold CITY and CITY's directors, officers, employees and agents harmless
from any such claim.
18. If any provision of this Agreement is held illegal or unenforceable in a judicial
proceeding, such provision shall be severed and shall be inoperative, and, provided that the
fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder
of this Agreement shall remain operative and binding on the Parties.
19. This Agreement constitutes a complete and exclusive statement of the terms of
the agreement between the parties with respect to its subject matter. The provisions of this
Agreement may be modified only where mutually agreed to in writing by the parties.
20. The parties hereto agree and understand that written notice, mailed or delivered
to the last known mailing address, shall constitute sufficient notice to the CITY and the
DEVELOPER, addressed to the following addresses of record:
CITY: To be effective on the CITY, three copies of all notices shall be sent: one
to the attention of (1) Procurement Management Division, one to the (2)
City Attorney's Office, and one to (3) the City Manager's Office:
City of North Miami Beach, Florida
17011 N.E. 19th Ave, Suite 315
North Miami Beach, FL 33162
DEVELOPER: City of Sunny Isles Beach
Attn: City Attorney and City Manager
18070 Collins Avenue
4th Floor
Sunny Isles Beach, FL 33160
21. Florida law shall govern the interpretation of this Agreement, and venue shall lie
in Miami -Dade County, Florida.
22. Nothing contained in this paragraph or elsewhere in this Agreement is in any
way intended to be a waiver of the limitation placed on the City's liability as set forth in Section
768.28, Florida Statutes.
Page 5 of 7
IN WITNESS WHEREOF, the CITY OF NORTH MIAMI BEACH, CITY OF
SUNNY ISLES BEACH, and 4M INVESTORS, LLC have caused this Agreement to be
executed in their respective names by the proper officials, on the day and year first above
written.
WITNESSES:
ATTEST:
BY:
A L
JANE A. HINES, MMC
CITY CLERK (SEAL)
IM
ATTEST:
PAMELA L. LATIMORE
CITY CLERK (SEAL)
4M INVESTORS LLC
Em
JOSEPH MILTON
MANAGER & MEMBER
CITY OF SUNNY ISLES BEACH
Y:/
NORMAN S. EDELC
MAYOR
O FORM:
BY:� i ! 2//, .,
OTT OT
CITY ATTORNEY
CITY OF NORTH MIAMI BEACH
M.
Page 6 of 7
ANA M. GARCIA
CITY MANAGER
APPROVED AS TO FORM:
DOTIE JOSEPH
INTERIM CITY ATTORNEY
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOTS 2, 3, 4, 5, 6A, 6, 7, AND 8, OF SECOND REVISED PLAT OF BELLA VISTA
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
50, PAGE 76 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, LESS
THAT PORTION TAKEN BY STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION IN ORDER OF TAKING DATED MAY 15, 1985, IN OFFICIAL
RECORDS BOOK 12512, PAGE 113 OF THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY, FLORIDA.
Page 7of7