Res. No. 080-08-12677RESOLUTION NO. 80-08-12677
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH 64 DEVELOPMENT CORPORATION, A FLORIDA
CORPORATION, FOR DISCHARGING ONSITE DRAINAGE (STORMWATER)
INTO OFFSITE DRAINAGE FACILITES TO BE CONSTRUCTED AND
MAINTAINED BY 64 DEVELOPMENT CORPORATION IN PERPETUITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City commission wishes to encourage development, infrastructure
improvements and utilities maintenance within the City of South Miami; and,
WHEREAS, the Owner of 64 Development Corporation is requesting to construct off -site
drainage facilities on the City's right -of -way abutting the property and to maintain the facility; and,
WHEREAS, the address of the property is 5966 South Dixie, South Miami, Florida 33143; and,
WHEREAS, the right -of -way is located on SW 74'h Street from SW 615` Avenue to SW 59th
Court, all pursuant to the plans and specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: That the Mayor and City Commission authorize the City Manager to execute the
Right -of Way Maintenance Agreement.
Section 2: The maintenance agreement must be recorded and the recording fee shall be paid
by 64 Development Corporation.
Section 3. The attached Right -of Way Maintenance Agreement is made part of the resolution.
PASSED AND ADOPTED this0 day of V _, 2008.
ATTEST:
Ci.:.
CITY CLERK
� G � � � • • � �I�L17eF'iIC�7
Ga fop & Figueredo, P.A.,
of City Attorney
COMMISSION VOTE:
4 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
Yea
Commissioner Palmer:
absent
Commissioner Beckman:
Yea
t
NCORPORATEO CITY OF SOUTH MIAMI
's" n OFFICE OF THE CITY MANAGER
<oa +p INTER - OFFICE MEMORANDUM zoor
To: The Honorable Mayor Feliu and Members of the City Commission
Via: W. Ajibola Balogun, REM, CFEA, City Manager A J`�_
From: Jose Olivo, P.E.,
Engineering and Construction Ops. Mgr.
Public Works & Engineering Department
Date: May 20, 2008 Agenda Item No.: /
Subject: Authorizing the City Manager to execute Right -of Way Maintenance Agreement
with 64 Development Corporation
Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH 64 DEVELOPMENT
CORPORATION, A FLORIDA CORPORATION, FOR DISCHARGING
ONSITE DRAINAGE (STORMWATER) INTO OFFSITE DRAINAGE
FACILITES TO BE CONSTRUCTED AND MAINTAINED BY 64
DEVELOPMENT CORPORATION IN PERPETUITY; PROVIDING FOR AN
EFFECTIVE DATE.
Background and Analysis:
A new development (office /retail) is proposed at the NW corner of SW 74th Street
and SW 591h Court. Due to the magnitude of the proposed structure, the
County's Department of Environmental Resource Management did not allow an
on -site drainage system on the property. The only alternative for the developer
(64 Development Corporation) is to drain off -site along SW 74th Street from SW
591h Court to SW 61St Avenue. Staff has worked with the developer to allow the
property to drain along the city's right -of -way by upgrading the existing drainage
system and for the developer to maintain the system in perpetuity.
In addition to the right -of -way drainage system upgrade, 64 development
corporation will be upgrading utilities within the right -of -way abutting their
property including, but not limited to, a potable drinking water system, to include
new sidewalk, irrigation and landscaping, street lighting, traffic calming devices
and pavement marking.
Recommendation:
It is recommended that the City Commission approve the resolution.
Backup Documentation:
❑ Proposed Resolution
❑ Copy of R/W Maintenance Agreement with 64 Development
Corporation
❑ Offsite improvement plans.
RIGHT OF WAY MAINTENANCE AGREEMENT
BETWEEN CITY OF SOUTH MIAMI AND
64 DEVELOPMENT CORPORATION
Whereas, Owner has requested, and the City has agreed, subject to the terms and conditions
in this Agreement, to grant Owner the right to construct off -site drainage facilities on the City's
right -of -way abutting the property as described below; and,
Whereas, the address of the property is located at 5966 South Dixie, South Miami, Florida
33143; and,
Whereas, the right -of -way is located on SW 74th Street, between SW 61" Avenue and
SW 59`h Court, all pursuant to the plans and specifications; and,
Whereas, the drainage improvements ( "drainage improvements ") consist of drain fields into
which drainage from the property shall flow; and,
Whereas, the drainage plans and specifications for the property prepared by Pistorino &
Alain Consulting Engineers have been approved by the City and Owner ( "plans and
specifications ").
Now, therefore, this Agreement is entered into this day of , 2008, by
and between the City of South Miami, Florida, a Florida municipal co ration, and 64
Development Corporation, a Florida Corporation, for itself and for its successors, assigns and
heirs (Owner), in and for the consideration of ten dollars ($10.00) and the mutual covenants
contained in this Agreement, the receipt and legal sufficiency of which is acknowledged by both
parties.
1. WHEREAS CLAUSES
1.1. The above whereas clauses are incorporated into this Agreement.
2. LEGAL DESCRIPTION OF THE PROPERTY AND RIGHT -OF -WAY
The property which is bound by this Agreement is legally described as:
LEGAL DESCRJPIION:
PARCEL. A:
LOTS 9 AND IO AND THE EAST 10.0 FEET OF THE SOLIM 95.55 FEET OF LOTS, BLOCK 2, "AMENDED PLAT OF E SOI.OWFF
5UDOIVI5ICNr, AOODRDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 7, AT PAGE: 11. OF THE FLJEWC R5CCRD5 OF
MM &DAVE COUNTY, FLORID,
Ate:
ALL OF LOT G AND THAT PORTION OF LOT S MSCRIMD AS F OLUIVS: SMMUNG AT THE SOUTHMSTERLY 00'&NER OF L OF G.
THENCE SOUL M 80.34 ftff. HENCE EAST 64.96 FEET. THENCE NORTH 30.34 PMT; THENCE NORTHMEST1:RI.Y 415 FMT:
THENCE " fl-1VXW REY 50.0 FW-T TO THC ORIGINAL POINT OF DEGINNING, ALL WNG IN MnCK P, OF "THC AMENDED PLAT OT°
SOLOHOFf SUHDI VIMN, AS RECORDED IN PLAT BOOK 7, AT PAGE I I OF THE PIIDUC RECORDS OF MIAMI-DADR COUNTY;
FLOR Ok
PARCEL. B1
PLL OF LAT "S. B3ACR. E, '-011 WFP3 5V5MV %W. A5 RL`A"oW=O IN PLAT DOCK 7. AT PAGE 1 1, AND TLC 50L *95T 15.0
FEET OF LOT 4 (WHICH 15 THE STRIP 15.0 FRET WDB AND 1 10.0 FEET LONG ADJOINING LOT 53 OF SAID BLOCK 2s AND ALL OF
LOT 6, BLOCK 2.13KiYY THE EAST I O.O r=THER60F. AND EXCEPT THI: WUOWtNG DESCRLBW FOIMON+ BMNNfNG ATTME
500NiNEEFT CORNER OF8.41D LOT 63 THENCE RAIN EASTERLY ALONG THE SOUTM UNE, 64,96 FEETZ THENCE NDRTHWEM15F LY
PARAlaTO THE wESr LINE OF SAID LOT 8 FOR 36.34 F2Er, THENCE NORTHWE5TERLY ON A PRODUCTION OF THE
NORTHEA5TERLY LINE OF LOr G. A CI5TANm OF 41.5D FWr TO THE DIVIDING UNE BBEMCEN LOTS AND 6, THENCE ALONG THE
DeCIWOING UNE BETWEEN LOTS S ANO C. SOUTN te5TERLY 50.0 f2er TO THE NORMWE SYEIEI.Y CORNER OF LOT 8; THENCE
SOUTHMLY30.34' FEET TO THE: PD INT OF EIMINNING, ALL LOCATED IN '$CI ovati s SUBDIVISIOM. AGCORDIN6 TO THE
AMENDED PLAT THEREOF, A5 RmORDCD N PLAT ROOK 7, AT PAnc i I. OF Tm PUEIUC PJ=rv5 OF 1.41AMI -DADC COMM/
FLORIDA
Page 1 of 8
SUBJECT TO:
2.1 All rights, reservations, restrictions, limitations and
easements of record and all zoning ordinances, restrictions,
prohibitions and other requirements imposed by
governmental authorities, without reimposing the same.
212 The right -of -way upon which the drainage improvements
are to be constructed and maintained by 64 Development
Corporation, is legally described as follows:
SW 74th Street, between SW 61" Avenue and SW 59`h Court, all
pursuant to the plans and specifications.
3. DRAINAGE IMPROVEWNTS
3.1 Owner shall construct the drainage improvements on the above - described
right -of -way consistent with the plans and specifications which were prepared by Pistorino & Alam
Consulting Engineers, dated 60 1 as 2008, and which were approved by the City on
'01 2008, and as they may be amended and approved by the City and Owner from
time to tune.
3.2 Owner shall satisfy all state, county and City plan review, permitting and
construction standards, including, but not limited to, limiting the location where drainage trenches
can be installed and specifying the standards for drainage system construction.
3.3 Owner shall maintain the drainage improvements in good repair at all times,
at its sole expense, and prevent the drainage improvements from becoming traffic and pedestrian
hazards. In the event the drainage improvements cannot be repaired owner shall promptly submit
plans and upon approval by the city and regulatory agencies replace and install at its cost a new
drainage system. The Owner shall be entitled to enter the right -of -way as necessary to perform
necessary maintenance, subject to standard permit requirements. The City shall have the right, but
not the obligation, to repair the drainage improvements upon giving the Owner 30 -days written
notice of any necessary repairs, and Owner's failure to perform the repair within an additional 30-
day period. The cost of repair shall be charged to and shall be reimbursed by the Owner within 30
days of receipt of the invoice from the City.
3.4 Owner shall have the right to enter the right -of -way for the purpose of
constructing and maintaining the drainage improvements. Owner shall secure necessary permits
from the City to perform the work and shall notify the Public Works Department of its work
schedule and work plans.
4. RESERVATION OF RIGHTS
Page 2 of 8
4.1 The City reserves the right to enter upon the right -of -way at any time for
any municipal purpose, including, but not limited to, clearing accidents, maintaining the right -of-
way, and placement of telecommunication cables and equipment. The City, or its agents and
licensees, and independent contractors, shall disturb the drainage improvements as little as
possible to accomplish the municipal purpose, and shall make any and all repairs resulting
therefrom.
5. CORRECTION OF UNSAFE CONDITION
5.1 The drainage improvements shall be maintained in a safe condition at all
times by Owner. In the event the City determines that an unsafe or dangerous condition exists in
the right -of -way which is caused in whole or in part by the failure to maintain or to restore the
improvements, the City has the right, after giving the Owner 30 -days written notice, to cure,
repair, correct or modify the drainage improvements and the affected right -of -way at the
Owner's expense.
5.2 If the City determines that the unsafe or dangerous condition is of an
emergency nature, which threatens public safety or damage to property, it may take immediate
action to remedy the situation. The City shall give notice of the emergency condition and the
corrective action to the Owner as soon as is practicable.
6. INDEMNIFICATION AND HOLD HARMLESS
6.1 Owner shall indemnify, defend and hold the City harmless for any claim,
investigation, settlement, judgment or expense, including reasonable attorney's fees and costs
necessarily incurred, arising out of or relating to any claim for death or bodily injury, property
damage, including damage to the right -of -way, or personal injury that is allegedly caused in
whole or in part by the construction and maintenance, or the failure to maintain the drainage
improvements.
7. UTILITY AND RIGHT OF WAY IMPROVEMENTS
7.1 Owner shall upgrade all storm water systems on SW 74th Street, between
SW 61s` Avenue and SW 59`h Court, all pursuant to the plans and specifications. to current code
requirements for both storm water quantity and quality to the extent required pursuant to
applicable City of South Miami and Miami -Dade County Codes and pursuant to the approved
plans and specifications.
7.2 Sizing of the system shall be for both the on -site needs and the needs of
the public right -of -way for the entire extent and width of the right -of -way described above,
which shall also include on SW 74th Street, between SW 61s` Avenue and SW 59`' Court, all
pursuant to the plans and specifications.
7.3 Owner shall upgrade other utilities within the right -of -way in accordance
with the approved plans and specifications, as amended, including, but not limited to, potable
water distribution systems, storm sewer system (drainage) and sanitary sewer systems.
Page 3 of 8
7.4 Owner shall upgrade the right -of -way pursuant to the approved plans and
specifications, including streetscapes, wider sidewalks, landscaping, applicable texture
pavements, and street lighting. As specified on the plans.
7.5 Street lighting, landscaping and irrigation improvements shall be
maintained by the owner. In the event any of the improvements are damaged and cannot be
repaired, owner shall replace the damaged improvements. The proposed street lighting shall be
sufficiently adequate to create a safe environment for pedestrians and vehicles. At the same
time, the brightness of the proposed street lighting shall be properly established and maintained
so that it does not become a nuisance to neighboring residents.
8. STORM WATER USER FEES
8.1 Owner shall be responsible for payment of Stormwater User Fees to the
extent, if any, required by the City of South Miami for the property [which shall be determined
by including the sum of the on -site and the off -site impervious square footage of the property
areas described above in paragraph 7.2.] Charges for this fee shall commence immediately after
foundation and /or impervious area has been constructed.
9. SPECIAL ASSESSMENT LIEN
9.1 Any cost incurred by the City to maintain or repair the drainage system,
either incident to an emergency action or upon the failure of the Owner to maintain or repair the
system after receipt of written notice by the City, or to correct a dangerous or unsafe condition,
or any cost incurred by the City to defend or pay any claim, investigation, settlement, judgment
or expense, including reasonable attorney's fees and costs necessarily incurred, arising out of or
relating to any claim for death or bodily injury, property damage, including damage to the right -
of -way, or personal injury that is allegedly caused in whole or in part by the construction and
maintenance, or the failure to maintain the drainage improvements shall constitute a lien against
the property. The lien shall have the status and priority of a special assessment lien, and shall
take precedence of mortgages on the property. The City shall have the right and the power to
record the lien if the cost is not paid by the Owner to the City within 30 days of issuing the
invoice for costs and to thereafter enforce the lien by foreclosure and by any other lawful means.
10. PERPETUAL DURATION OF RIGHTS AND OBLIGATIONS
10.1 The rights, powers and obligations under this Agreement shall run with the
property into perpetuity and shall bind the successors, assigns and heirs of the Owner.
10.2 This Agreement shall be recorded in the records of Miami -Dade county
and the property shall be encumbered by this Agreement.
11. NOTICES
0
11.1 All notices given or required under this Agreement shall be deemed
sufficient if sent by certified mail, return receipt requested, to the addresses of the Owner
specified in this Agreement, unless the Owner shall specify in writing different address for the
giving of notices.
12. CONTRACTING OFFICER REPRESENTATIVE
follows:
12.1 For the purposes of this Agreement, the contracting representatives are as
For the City of South Miami
Name: Ajibola Balogun
Title: Public Works Director
6130 Sunset Drive
South Miami, Florida 33143
Telephone: (305) 668 -7206
Facsimile: (305) 668 -7356
13 JURISDICTION AND VENUE
For 64 Development Corporation,
Name: Eduardo Fernandes
Title: Vice President
64 Development Corporation,
4311 Ponce DeLeon Blvd
Coral Gables, Florida 33146
Telephone: (305) 663 -1293
Facsimile: (305) 665 -0272
13.1 For the purposes of this Agreement, Florida law shall govern the terms of
this Agreement. Venue shall be in Miami -Dade County, Florida.
14. NON - WAIVER OF SOVEREIGN IMMUNITY
14.1 The City does not waive sovereign immunity, and shall not be liable, for
the payment of attorney's fees or prejudgment interest.
15. INSURANCE
15.1 Owner will maintain throughout the period of this Agreement
Comprehensive General Liability insurance, All Risk insurance, Commercial Liability Insurance,
and coverage for legal liability for loss or damage to drainage improvements and the City's right -
of -way arising from negligence of Owner's employees. During construction, Owner will
maintain Builder's Risk Insurance and Worker's Compensation Insurance. The policies shall
have minimum limits no less than $1,000,000.00, and name the City as an additional insured.
16. SIGNATORY AUTHORITY
16.1 The officials executing this Agreement warrant and represent that they are
authorized by their respective agency to enter into a binding Agreement.
Page 5 of 8
[SIGNATURE PAGES TO FOLLOW]
Page 6 of 8
4(,
IN WITNESS WHEREOF, this Agreement is accepted and delivered on the date stated
above by the following signatories.
CITY OF SOUTH MIAMI
64 Development
Property Ovmer
By: Gt D (. By:
W. Ajibola BalogiW, City Manager [Print Name:
ATTEST:
By: -L_
a M. Menendez, City Clerk
APPROVED AS TO FORM
M.
City
As: v i cam- pme
[Print Corporate Title]
ATTEST:
By:
[Print Name:
As:
[Print Corporate Title]
Page 7 of 8
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI -DADE)
ACKNOWLEDGEMENT OF PROPERTY OWNER
The foregoing instrument was acknowledged before me this a7 day of
2008 by of 1atMPwl_CCSY!��✓t , as
oI ,, C-e on behalf of the Property Owner, who is personally known to me or has
produced as identification.
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI -DADE)
Notary u ,,State of Florida
Print name. �i1`cCh[� �4tY}2
CommisM:gt
GA A. PAYNE ISSION #DD 714025: October 5, 2011 bery puWlc Untle�rye�
ACKNOWLEDGEMENT OF CITY OF SOUTH MIAMI
The foregoing instrument was acknowledged before me this ao _day of
2008 by, W. Ajibola Balogun, City Manager, and, Maria M. Menendez, City Clerk, of the C' of
South Miami, on behalf of the City, who are personally known to me.
Notary P lic ate of Florida
Print name: �—
Commission No:
NKENGA A. PAYNE
=G s rF
_,. •r MY COMMISSION #DD 714025
EXPIRES:October5,2011
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