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HomeMy WebLinkAboutReso 2011-1669 ,--- - RESOLUTION NO. 2011- _I L l~ q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH SOUTH COAST GROWERS, INC. FOR THE INST ALLA TION OF LANDSCAPING MATERIAL ALONG THE NORTHWEST CORNER OF COLLINS A VENUE AND SUNNY ISLES BOULEVARD (SR826), IN AN AMOUNT NOT TO EXCEED TWENTY-THREE THOUSAND FIVE HUNDRED NINETY-SEVEN DOLLARS ($23,597.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach acquired an easement from the property owner of the Newport Parking Lot located at the northwest corner of Collins A venue and Sunny Isles Boulevard (State Road 826) as part of the City's streetscape project; and WHEREAS, the City wishes to install landscaping material in the easement around the Newport Parking Lot; and WHEREAS, the City solicited quotes from three landscape contractors and chose South Coast Grower, Inc. having the lowest quote for the services being requested; and WHEREAS, the City wishes to enter into an agreement with South Coast Growers, Inc. for the purchase and installation of landscaping material in the easement around the Newport Parking Lot, in an amount not to exceed Twenty-Three Thousand Five Hundred Ninety-Seven Dollars ($23,597.00), attached hereto as 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 Agreement. The City Commission hereby approves the Agreement with South Coast Growers, Inc. for the installation of landscaping material in the easement around the Newport Parking Lot located on the northwest corner of Collins Avenue and Sunny Isles Boulevard (SR826), in an amount not to exceed Twenty-Three Thousand Five Hundred Ninety-Seven Dollars ($23,597.00), 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 this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. R20 11- South Coast Growers Aglllt Trees "kg Lot Page I 01'2 PASSED AND ADOPTED this 20th day of January 2011. ATTEST: 4Mt~/ ~~~ Jane A. Hines, CMC, City Clerk Moved by: Cf>~ (\.<C...L,'OrJ Seconded by: Yl Lt. (Y\~ Tr\ l\-l-~ Vote: C::;'b Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl vI(Y es) V (Yes) V(Yes) ~ (Yes) (Yes) _(No) _(No) _(No) _(No) _(No) R20 11- South Coast Growers Agmt Trees Pkg Lot Page 2 01'2 ,- CITY OF SUNNY ISLES BEACH AGREEMENT WITH SOUTH COAST GROWERS, INC. CONTRACT NO. CIOII-022 THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 7f)l! day of ~0A-~, 2011, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter eferred to as "City"), and SOUTH COAST GROWERS, INC. a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal 1.0. # is (, s- (( 00 '-I ~ t../. RECITALS WHEREAS, the City is in need of a contractor to purchase and install five (5) Medjool palm trees and streetscape around Newport Parking Lot located at Collins Avenue and Sunny Isles Boulevard ("Services"); and WHEREAS, Contractor has expressed the ability and desire to provide theses Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to contract with Contractor to provide the Services, as more fully described in Attachment "A" which is attached hereto and made a part hereof; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Twenty-Three Thousand Five Hundred Ninety-Seven Dollars ($23,597.00) to provide said Services, attached hereto as Attachment "A". NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. CIOll-022 SOUTH COAST GROWERS, INC. AGREEMEN' Exhibit "A" t ~l City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end no later than 14 (Fourteen) days from issuance of Notice to Proceed from City Manager or his Designee. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Issuance of Notice to Proceed and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination ofthis Agreement. 4. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availabilitv of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifIes that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. CI011-022 SOUTH COAST GROWERS, INe. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the Services are not complete within 14 (Fourteen) days from the issuance of Notice to Proceed from City Manager or his Designee, and in the absence of any extended calendar days granted by City, then the Contractor shall be required to pay a liquidated damage penalty of $300.00 (Three Hundred Dollars) for each calendar day beyond the 14 (Fourteen) days period, continuing to the time at which the Services are complete. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability ClOll-022 SOUTH COAST GROWERS, lNC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub-Contractor(s) providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINATION AND REMEDIES FOR BREACH. a. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an CI0II-022 SOUTH COAST GROWERS, INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. ll. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confIrmation. 11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidentia1." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is ClOII-022 SOUTH COAST GROWERS, INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, fIrst class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Rick Conner With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Contractor: Jon Bachmann South Coast Growers, Inc. 6190 Western Way Lake Worth, Florida 33463 Tel: (800) 753-2034 13. GOVERNIN G LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 14. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, CIOII-022 SOUTH COAST GROWERS, INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefIt arising therefrom. 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other docwnent, including any attachment hereto. 18. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. CI01I-022 SOUTH COAST GROWERS, lNC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21. MISCELLANEOUS. A. In the event any prOVISIOn of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. [Remainder of page intentionally left blank.] CIOII-022 SOUTH COAST GROWERS, INe. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year [lfst written above. SOUTH COAST GROWERS, INC. /liH (J 0 /--( ..( /:< /I (K " Print Name I IkJ f}~'I)T"~ r WITNESSES: Signature Print Name ATTEST: CITY OF SUNNY ISLES BEACH BY~ A.~ Jane A. Hines, CMC, City Clerk v APPROVED AS TO FORM AND LEGAL SUFFIel N. Y C 1 0 11-022 SOUTH COAST GROWERS, INC. AGREEMENT Estimate and Confirmation 6190 Western Way Lake Worth, FL 33463 Office 800-753-2034 Fax 800-753-2036 Date Estimate # 12/14/2010 5316 GROWE:R.8.. IlfC Name / Address Ship To City of Sunny lIses 18070 Collins Ave Sunny lIses, FL www.southcoastgrowers.com Terms Rep Project Jon Item Description Qty Cost Total medj 12ftCT Phoenix dactylifera 'Medjool' 5 4,150.00 20,750.00T 03 Gallon Ficus microcarpa 'Green Island' 240 8.00 1,920.00T Yard Cubic Yard of Red Mulch 11.5 48.00 552.00T YD Yard of White Sand 5 75.00 375.00T Subtotal $23,597.00 1 have read, understand and agree to all the Terms and Conditions of Sale as set forth on Sales Tax (0.0%) the front and back of this Estimate and Agreement. Once signed, this Estimate becomes a $0.00 binding contract. Total $23,597.00 Print Name Signature Attachment "A" ~f ... '- Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEIVtQJtANDUM TO: The Honorable Mayor and City Commission FROM: Jorge L. Vera, Acting City Manager DATE: 1/20/2011 RE: Awarding of landscaping contract to South Coastal Growers, Inc. RECOMMENDATION: Staff recommends approval of the attached resolution to award a contract to South Coast Growers, Inc. REASONS: The City obtained an 10 foot landscape easement from the owner of the property located at the north west corner of Collins A venue and State Road 826. The easement is part of the Collins Avenue landscape beatification project. The City has already completed a part of the project by installing a new pave sidewalk along the property. The City solicited quotes from three landscape contractors and chose South Coast Growers, Inc for having the lowest quote for the services being requested. South Coast Growers, Inc. will provide and install all the landscaping for an amount not to exceed $23,597. ADDITIONAL INFORMATION: \ \ The owner of the property will reimburse the City $16,600 for the cost of four medjool palms. The remaining funds will be appropriated from the excess of fund balance in the general fund at the end of fiscal year 2009120 10. Excess funds equate to approximately $1.95 million, of which $1.36 has been earmarked for the Heritage Park project leaving a remaining balance of approximately $600,000. " ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=416&MeetingID=0&MeetingDate...l/13120 II I- W W J: CI) >- ..J ..J <( I- c o ~ U5 CIl ro <9 Qj OJ .r: C/) "0 OJ OJ , "0 C .S1 OJ D:: x w ~ - OJ c U :;) ~ 00 00 0 VI "0 0 00 0 0 ... C1l OJ OJO ON L!'i I'- ~ "0 uL!) NL!) I'- O'J C 'C "_ O'J L!) (<) L!) 0 OJ ... X 0..0 ..-- (<) (!) W N N .... ~~ ~~ ~ VI nI 0 00 00 () 00 00 .s::. - OJ . a:ia:i L!'i uO .... 'c 'C L{) "'" I'- ::J 0 :;) a.. ..--_ en "'" ~ ~ ~ ~ 0 0 "0 0 0 OJ OJO 0 "0 UO 0 c 'c o~ 0 VI OJ ai .>:: X a.. O'J ... N N 0 W ~ ~ ~ 'C c 0 0 ... 0 (!) - OJ 0 Q2 Q2 Q2 'c .S1 0 :;) D:: co z z z u'i ~ 0 0 0 0 0 "0 0 0 0 0 0 C1l OJ OJ 0 0 a:i 0 co Co "0 U 0 0 <D L!) ..-- C nI OJ (t L!) "'" (<) N L!) \J X <D N O'J VI 'C W N N I: ~ ~ ~ ~ ~ nI ...J VI 0 0 0 0 0 0 0 0 C1l - OJ 0 0 N .>:: u 0 ::J c (t 0 ..-- (<) L!) ...J :;) (<) L!) ~ ~ ~ ~ ~ ~ 0 L!) Qj ro L!) "'" ..-- L!) Qj E :::l N ..-- U ro a (t z 3: (; ro "0 a::: c CIl ro OJ "0 > ro (5 c >- I- 0 u ~ ro i'i :Q C'J :::l en r.: (<) u 0 "0 CIl .r: ro CIl c U :::l .S2 C 0 N u :::l >- ~ li ..-- u::: E .S1 '5 CIl "0 "0 .0 :::l 0 C 0 :::l U CIl ro U Qj OJ g ~ <9 0 "0 -- "0 Co OJ C "0 C "0 ~ OJ OJ ro ~ ~ 0::: C/) :::l <9 E u 0 :::l 0.. E C'J OJ c D:: '(ij .0 CIl ci ..-- N (<)"'" E c ~ E l!! OJ :::l C OJ > <( CIl .f: o U I: o :;::; Co ".: \J VI dl C ?:' nI E E ::J en T-Z41 P.002/002 F-613 City Commission August 6, 2010 Normon S. Edelcup Moyor Dr. Robert ComfeJd President Newport Operating Corporation 3850 Hollywood Blvd., #400 Hollywood, FL 33021 Lewis J. Thaler Vice MCJYw Roslyn Brezin Commissioner Gerry Goodman Commi5$ionsr Re: Letter A.~reement Rick Conner City MonQS~l( george "Bud" Scholl Dear Dr. Comfeld: CommIssioner This letter will seIVe as an agreement between the City of Sunny Isles Beach ("City") and Dr. Robert Comfeld C'ComfeJd") to beautifY property owned by Five Seas Investors, Inc. ("Five Seas'') located at 16800 Collins Avenue. As agreed below, the City and Comfeld, acting as a representative of Five SellS, will accept the following responsibilities: Hens Oftinot City Attorney 1. Comfeld agrees to grant the City a ten foot landscaping easement along the front and side .of the property located at 16800 Collins A venue for the pUlpose of continuing the Collins Avenue beautification project; Jane A Hines City Clerk 2. Comfeld agrees \0 reimburse the City for the purchase of four MedjooJ Palms to be pJanted in the easement area described above; 3. The City agrees to replace the existing chain link fence located at 16800 Collins Avenue with an aluminum picket fence as requi~d by the C~ode; r- -tv IN1 C( i ~ 01 ct w:l tfPt( t., The City agreesltO plant ficus shrubs and related Jands~ma.tcria1s in the easement area. The City further agrees to plant at its cost one additional Medjool pahn trees in the easement area. 4. The City shall provide Comfeld wi1h an opportunity to review the landscape plan for the easement area, if any. Please note that an easement agreement will be provided to you in the near future. Ifthe tenns discussed herein are acceptable to you, please execute the letter agreement and forward an executed copy to me. Cc: The Honorable City Commission )i Ottlnot, City A ey