Res. No. 137-90-9065ARESOLUTION NO.13 7-90-9065/
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA AUTHORIZING THE CITY
ADMINISTRATION TO ENTER A CONTRACT WITH DEAN DELLIS AND
MARYDELLIS,HIS WIFE,PROVIDING FORCITY CONSTRUCTION
OF DRAINAGE IMPROVEMENTS ON THE PUBLIC RIGHT OF WAY
FRONTING THE PROPERTY COMMONLY KNOWN AS 5865 TWIN LAKE
DRIVE,SOUTH MIAMI,FLORIDA AND LEGALLY DESCRIBED
HEREIN BELOW
WHEREAS,Dellis is the owner ofthe property commonly known
as 5865 Twin Lakes Drive,South Miami,Florida,which property is
legally described as follows:
Lot 10,Block 5,of Merion Park,a subdivision,
according tothe Plat thereof,as recorded in Plat Book
57.at Page 5^of the Public Records of Dade County,
Florida
and,
WHEREAS,thecrownof S.W.58thTerraceslopestowarda
catch basin grate onthe Dellis property thus,collecting water
run-offfrompublicstreetsontheDellisprivate property;and
WHEREAS,inrecognitionofthe foregoing,Dellisgranted the
Cityaneightfootwide drainage easement byDeedexecuted
November 2,1990;and
WHEREAS,Dellis hasnow requested abuilding permit to
install 108 linear feet of 24 inch diameter storm drain pipes to
replace the existing 10 inch diameter storm drain pipes;and
WHEREAS,Metropolitan Dade County Department of
EnvironmentalResourceManagement (DERM)hasdeterminedthat
fifty linear of exfiltration trench for first flush retention and
a 24 inchoverflowintoTwinLakeCanalwill fulfill allDERM
requirements;
NOW,THEREFORE,BEIT RESOLVED BYTHEMAYORANDTHECITY
COMMISSION OFTHE CITY OFSOUTHMIAMI,FLORIDA:
Section 1.The Administration of the City of South Miami
be,and hereby is,authorized to enter into the Contract attached
drainage improvements on the public right of way fronting the
property commonly known as 5865 Twin Lake Drive,South Miami,
Florida.
PASSED AND ADOPTED this 20 th day of November,1990.
APPROVED
/
MAYOR
s£<Zr {•L^L^A
CITY cCBRk
sAq^
READ AND APPROVED AS TO FORM
IITY ATTO
AGREEMENT BETWEEN THE CITY OF SOUTH
MIAMI AND DEAN DELLIS AND MARY
DELLIS,HIS WIFE,PROVIDING FOR CITY
CONSTRUCTION OF DRAINAGE IMPROVEMENTS
ON THE PUBLIC RIGHT OF WAY FRONTING THE
PROPERTY COMMONLY KNOWN AS 586 5 TWIN
LAKE DRIVE,SOUTH MIAMI,FLORIDA AND
LEGALLY DESCRIBED HEREIN BELOW
THIS AGREEMENT.entered into this 20th day of November,1990
between the CITY OF SOUTH MIAMI..a Florida municipal corporation,
hereinafter referred to as the "City"and DEAN DELLIS and MARY
DELLIS,his wife,hereinafter referred to as "Dellis":
WITNESSETH:
WHEREAS,Dellis is the owner of the property commonly known as
5865 Twin Lakes Drive,South Miami,Florida,which property is
legally described as follows:
Lot 10,Block 5,of Meiron Park,a subdivision according to
the Plat thereof as recorded in Plat Book 57 at Page 54of
the Public Records of Dade County,Florida
and,
WHEREAS,the crown of S.W.58th Terrace slopes toward a catch basin
grate on the Dellis property thus,collecting water run-off from
public streets on the Dellis private property;and
WHEREAS,in recognition of the foregoing,Dellis granted the City
an eight foot wide drainage easement by Deed executed November 2,
1990;and
WHEREAS,Dellis has now requested a building permit to install 108
linear feet of 24 inch diameter storm drain pipes to replace the
existing 10 inch diameter storm drain pipes;and
WHEREAS,Metropolitan Dade County Department of Environmental
Resource Management (DERM)has determined that fifty linear of
exfiltration trench for first flush retention and a 24 inch
overflow into Twin Lake Canal will fulfill all DERM requirements;
NOW,THEREFORE,for and in exchange of the mutual covenants
hereinafter set forth,the parties hereto do now agree as follows:
1.City agrees to provide and pay for the cost of the drainage
improvements through the public right of way andto complete this
improvement no later than December 31,1990.
2.Dellis agrees to pay for the material and labor costs to
install 108 linear feet of 24 inch diameter storm drain pipes to
replace the existing 10 inch diameter storm drain pipes and to
complete this improvement no later than December 31,1990.
3.In addition to the provisions of paragraph 2 above,Dellis
agrees to indemnify and hold the City harmless from all claims,
suits,actions,damages,or causes of action arising during the
term of this Agreement,including reasonable attorney's fees,for
any personal injury,loss of life,or damage to person or property
sustained by reason of,or as a result of,the act or negligence of
Dellis,its agents or employees.
4.This Agreement is subject to the provisions of the Charter and
Code of Ordinances of the City of South Miami and applicable
Federal,State,and County Laws,all of which are incorporated
herein by reference.This Agreement shall be construed according
to the laws of the State of Florida and venue shall be in Dade
County,Florida.
IN WITNESS WHEREOF,the parties have hereunto executed this
Agreement for the purposes expressed effective the date first set
forth above.
Witnesses as to Dellis:
Witnesses as to Citv:
Dean Dellis
Mary Dellis
CITY OF SOUTH MIAMI
by
William F.Hampton
Citv Manaaer
Attest:
Rosemary Wascura (CITY
Citv Clerk SEAL)