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HomeMy WebLinkAboutReso 2006-895 RESOLUTION NO. 2006- t ~ :5' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIREFLOW AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE CITY OF NORTH MIAMI BEACH IN THE AMOUNT OF TWENTY SEVEN THOUSAND FIVE HUNDRED TWENTY DOLLARS AND FIFTY CENTS ($27,520.50) TO COMPL Y WITH MIAMI-DADE COUNTY DEVELOPMENTAL CONDITION REGULATIONS FOR THE PROPOSED CONSTRUCTION OF ACTIVE PARK; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR THE EXPENDITURE OF CITY FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Sunny Isles Beach approved the construction of an Active Park at 18115 North Bay Road, a development project which will encompass a recreational facility housing a 110- seat banquet hall, a I 29-seat arts and crafts school, a little league baseball field, and a children's playground; and WHEREAS, as a condition precedent to obtaining a building permit, the City of Sunny Isles Beach must provide 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 Miami-Dade County's Code Section 2-103-21; and WHEREAS, in accordance with plans submitted by Miller Legg & Associates, Inc. and approved by the City of North Miami Beach Public Services Department on December 8, 2004, the City of Sunny Isles Beach intends to comply with Miami-Dade County's Code requirements by installing 105 linear feet of 8 inch ductile iron water main, one fire hydrant assembly, 297 linear feet of 4 inch water main, one 4 inch fireline, one 1 Y:z inch irrigation service with backflow and one I 1/2 inch domestic service with backflow ("improvements"); and WHEREAS, the City of Sunny Isles Beach agrees to be responsible for all engineering costs and all costs of installing the required improvements in the easement and/or right of way of the Active Park development site; and WHEREAS, the City of North Miami Beach will tie the improvements into the existing line, and within six months of completion will provide an adequate water supply to service the new City of Sunny Isles Beach development; and WHEREAS, after completion of said improvements, testing and acceptance by the City of N011h Miami Beach, the improvements shall remain the sole and exclusive property of the City of North Miami Beach who will have the obligation to maintain same so long as the City of North Miami Beach operates the existing water system; and WHEREAS, the Mayor and Commission of the City of Sunny Isles Beach wish to authorize the R2006-895 Fireflow Agrmt W-NMB For Active Park Page I of2 City Manager to execute an agreement for the expenditure of City funds in the amount of Twenty Seven Thousand Five Hundred Twenty Dollars and Fifty Cents ($27,520.50). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Approval of Agreement. The City Commission hereby approves the Fireflow Agreement attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the agreement and th is resolution. Section 4. Effective Date. This Resolution is effective upon adoption. PASSED AND ADOPTED this 16th day of February 2006. C) ATTEST: ~A:L Jane A. Hines, CMC, City Clerk Moved by: Co~ <:;Cot)Y)\AN c.o~MV1 ---rttA1-CUC Seconded by: Vote: .5-b Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler V(Yes) VCYes) ~(Yes) --0Yes) V(Yes) (No) _(No) _(No) (No) (No) Page 2 0 f 2 EXHIBIT "A" AGREEMENT THIS AGREEMENT, entered into this day of 20 by and between CfTY OF S{TNNY ISLES BEACH, lS070 COLLII\S A VENUE, SU.'\:\Y !SlJi:S BEAClt'l..J:I.:'___~J16Q, hereinafter referred to as "DEVELOPER", and the CITY OF NORTH MIAMI BEACH, a municipal corporation, hereinafter referred to as "CITY". WIT N E SSE T H: WHEREAS, DEVELOPER is the owner of that certain parcel of real property legally described in Exhibit "A" attached hereto and intends to construct ELm:~2l2.Q;:L~_...:::\(lL~~~J':'0Xk..\:~jIJl I\Y~~:?)9I'Yr.Gc;.rgmi.~!n..h.~l.i.J5=liJ}g:gYnm[:l?iqnJ,.JjJ1J~J~~19!~.J!~l~~J1.~~U.n~l.~L:l.mL~hiJ~1.r.~n~J:Jgy'gl:s:>qn~t: E~~f.~9.,'}IjQD. \\'j th..Ll 0 .:?caLb.jJJ1.~L!-lct .hg.JLQl},J.b~jJr-,'!.Ln~2..s~L and a _L2JL sc;}1 arts. and ~rafts schqgLQX) .L.J1~5~c.:qn~Ln.QgLm.).8Jj:?N.C?TJh.J~.?.YEQ~!(1 hereafter shall be referred to as "building", and WHEREAS, as a condition precedent to DEVELOPER, Assignees, and Successors in interest in obtaining a building permit for the building, DEVELOPER must evidence to Metropolitan Miami-Dade County reasonable assurances 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 /Fireflow\J\ctive Park Initial: Jan 17 2006 D~ CIty: SIB EXHIBIT "A" WHEREAS, DEVELOPER agrees to install ] 05 linear feel of 8 inch dLic1ik~ iron waler nwin. one lire hvclra11l assemblv, 2(n linear feel 01' 4 inch \vater main. one 4-inch firelinc. PI1C I.,;" irr.ll.2.i:ltion service \vil]l badJ10\\-. and one 1 '/;" domestil: service \\-'ilh backflO\v. This proposed installation is as indicated on plans submitted by \tlLLER LEGCJ & ASSOCIATr::s. INC. and as approved by the CITY OF NORTH MIAMI BEACH PUBLIC SERVICES DEPT. on December 8. 2004. The foregoing hereafter, shall be referred to as the "Improvement". Any additional costs incurred as a result of changes in design requirements for this project made by a regulatory agency having jurisdiction shall be the responsibility of the DEVELOPER; 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 improvements, provided this shall be done at the sole cost and expense of DEVELOPER without financial contribution from the CITY of any nature whatsoever. 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. /Fireflow\Active Park 2 Initial: Jan 17 2006 D~ CIty: SIB EXHIBIT "A" 2. The CITY agrees to allow DEVELOPER, to the extent the CITY has authority to do so, to install the improvements in the easement and/or right-of-way as noted above. Further, the CITY will allow DEVELOPER to tie the improvements 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. DEVELOPER, agrees that the cost and expense of construction of all consumers' 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 DEVELOPER's property shall be that of the DEVELOPER. In addition, the CITY agrees to assist DEVELOPER in any way possible to obtain such governmental approvals as may be necessary to construct the improvements so long as there is no cost to the CITY, and to allow DEVELOPER to use such utility easements as the CITY controls to install the improvements. 3. DEVELOPER agrees to pay for engineering costs and all costs of installing the improvement. The consent of the CITY to the installation of said line is expressly contingent upon the CITY not incurring any expenditures for same other than routine administrative costs and subsequent costs of maintenance. 4. DEVELOPER agrees to convey to the CITY at no charge and the CITY agrees to accept the improvements 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. /Fireflow\Active Park 3 Ini tial: D.ev~lope : CIty: ~ ~ SIB Jan 172006 EXHIBIT "A" 1) 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. 2) Contractor's Waiver and Release of Lien. 3) Easement Agreement, if required. 4) Absolute Bill of Sale. 5) Developer's Letter of Warranty (one year) 6) 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. Any water service which may be provided as an accommodation to 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. After completion and acceptance by the CITY, the improvements shall remain the sole and exclusive property of the CITY, which entity will have the obligation to maintain same so long as the CITY operates the existing water system. /Fireflow\Active Park 4 Initial: Jan 172006 D~ CIty: SIB EXHIBIT "A" 5. The Fire Flow Demand Charge for this project has been calculated to be Twentv Seven Thousand Five Hundred Twenty Dollars and Fifty Cents ($ 27,520.50). Nine Thousand One Hundred Ninety Five Dollars ($ 9.195.00) of the cost of the improvements shall be credited against the Fire Flow Demand Charge required of the Developer. An additional Eighteen Thousand Three Hundred Twenty Five Dollars ($ $18,325.00) shall be remitted prior to the issuance of a building permit. The DEVELOPER agrees, by this voluntary construction of the improvement, to provide documentation establishing the cost of the improvement to substantiate the fire flow demand charge credit above-described. 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 (15%) percent 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: a) domestic and fire service lines, meters, detector check valves, etc., downstream of point of connection of water main; b) 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 OF NORTH MIAMI BEACH, the DEVELOPER shall be required to pay the difference between such amounts. In the event the cost is in excess /Fireflow\Active Park 5 Initial: Jan 17 2006 Dev~ CIty: ~ SIB EXHIBIT "A" of the fire flow credit, the DEVELOPER shall not be entitled to any future credit' on this property, building, or improvement. The DEVELOPER further agrees that by the execution of this Agreement and the mutual benefits contained herein, that the DEVELOPER waives any and all legal claims against the CITY OF NORTH MIAMI BEACH regarding the fire flow demand charge being imposed regarding the property and building. 6. Notwithstanding other provisions of this Agreement, it is understood by both parties that this Agreement is contingent upon the appropriate governmental authorities of Miami-Dade County and/or other governmental authorities issuing a building permit to DEVELOPER and DEVELOPER commencing construction of Building. Should said building permit not be obtained or construction of the Building not be commenced within 120 days from the date hereof, then this Agreement may be terminated by CITY at any time thereafter upon written notice to the DEVELOPER, provided that 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. 7. Florida law shall govern the interpretation of this Agreement. /Fireflow\Active Park 6 Initial: De~ CIty: Jan 172006 SIB EXHIBIT "A" IN WITNESS WHEREOF, the CITY OF NORTH MIAMI BEACH AND CITY OF SUNNY ISLES BEACH have caused this Agreement to be executed in their respective names by the proper officials, the day and year first above written. ATTEST: ~~4~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY I ".Q , /Fireflow\ Active Park Jan 17 2006 CITY OF SUNNY ISLES BEACH ~? fMu/tpJ j 1dt~~ orman S. Edelcup, Mayor CITY OF NORTH MIAMI BEACH 7 Initial: ~ CIty SIB IFireflow\Active Park Jan 17 2006 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PERU TOWERS PB 99-66 TRACT A 8 Ini tial: D.e~~~ ~ SIB APFRAISER: Query Next Previous Screen Output Exit '5~a~ch the Appraiser's file PRO PER T Y A P P R A I S E R ' S D A TAB A S E AS OF [09/0112005J Folio/Address [31] [22110190010J [ Neighborhood [ J [ J [ Subdivision [ Owner [CITY OF SUNNY ISLES BEACH Maill [ Mai12 [17070 COLLINS AVE Mai13 [SUNNY ISLES BEACH FL Mai14 [331603635 J Zoning [4000J City LUC [0080J Beds [ OJ Millage[3100] State LUC[8900] Baths [ OJ Bldg SqFt[ OJ Resi YR [OOOOJ Lot Si ze [87120 SQ FT J YR Bui 1 t [0 X-Feat[OJ Flood [ J Water [ J Sale1 [01/1974J [ Sale2 [09/1977] [ Sale3 [11/1980J [ J Uni t Condo Unit J Status[AJ Chg'd[05/27/2005J Inspected[07/1986] Legal Description [11 52 42 2.00 AC M/L [PERU TOWERS PB 99-66 [TRACT A [LOT SIZE 87120 SQ FT [F/A/U 30-2211-019-0010 [OR 18671-4701 0699 3 J [---------------------------------J 41.200J [1J [AARON DUBITZKY TR J 10. OOOJ [3J [VIRGO INVESTMENTS L TD J 630. OOOJ [1J [OR 9913 384 1277 5 J PRESS '5' TO VIEW ASSESSMENTS & TAXES J [ 1 row(s) found SIB TO: FROM: DA TE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33] 60 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman. Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Jorge L. Vera, Assistant City Mana~~ Priscilla Walker, Deputy City Clerk March 24, 2006 Fireflow Agreement with the City of North Miami Beach At its regular meeting of February 16, 2006, the City Commission adopted Resolution No. 2006-895, which approved a Fireflow Agreement with the City of North Miami Beach. The Agreement has now been executed by all parties and made part of the resolution. Attached is a copy of the Agreement and approving resolution for your files. Thank you. :pw Attachments cc: A. John Szerlag, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Shaun S. Gelvez, Contracts Coordinator Fireflow Agrmt W-NMB Trans Memo City of North Miami Beach, Florida OFFICE OF THE CITY CLERK Marcht6, 2006 City of Sunny Isles Beach Ms. Priscilla Walker, Deputy Clerk 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Dear Priscilla, Enclosed please find an executed original agreement as per your request. Enclosure 17011 N.E. 19th Avenue. North Miami Beach, Florida 33162-3194 · (305) 787-6001 · FAX (305) 787-6026 City Commission Norman S. Edelcup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner Police Chief Fred Maos Interim City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL ~3160 305.947.0606 www.slbfl.net February 23,2006 Solomon Odenz, City Clerk City of North Miami Beach 17011 N.E. 19 Avenue North Miami Beach, FL 33162 Re: Fireflow Agreement between the City of Sunny Isles Beach and the City of North Miami Beach Dear Mr. Odenz: At its regular meeting of February 16, 2006, the City Commission adopted Resolution No. 2006-895, which approved a Fireflow Agreement with the City of North Miami Beach. Attached are the two (2) original agreements for execution by North Miami Beach and a copy of the Sunny Isles Beach approving resolution. Please have the appropriate North Miami Beach parties execute the agreement and then return one (1) original to my attention. Should you have any questions related to processing of this agreement, please call me at (305) 792-1703. However, should you have any questions related to performance of this agreement, please call Jorge L. Vera, Assistant City Manager, at (305) 792-1701. Thank you. Very truly yours, ~.:QO... W~ Priscilla Walker Deputy City Clerk Attachment cc: Police Chief Fred Maas, Interim CityManager (cover letter only) Hans Ottinot, City Attorney (cover letter only) Jorge L. Vera, Assistant City Manager (cover letter only) Shaun Gelvez, Contracts Administrator (cover letter only) Fireflo\V J\gnnt W-NMH Exec Rel] Trans J.tr