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
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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.
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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.
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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.
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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
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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.
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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
,
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Jan 17 2006
CITY OF SUNNY ISLES BEACH
~? fMu/tpJ j 1dt~~
orman S. Edelcup, Mayor
CITY OF NORTH MIAMI BEACH
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IFireflow\Active Park
Jan 17 2006
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PERU TOWERS PB 99-66 TRACT A
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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
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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