Res. No. 131-04-11910RESOLUTION NO.131-04-1191 0
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 6141 SUNSET DEVELOPMENT,LLC FOR
DISCHARGING ONSITE DRAINAGE (STORMWATER)INTO OFFSITE
DRAINAGE FACILITIES TO BE CONSTRUCTED AND MAINTAINED IN
PERPETUITY BY 6141 SUNSET DEVELOPMENT,LLC;PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS,theMayorandCitycommissionwishesto encourage development,infrastructure
improvementsandutilities maintenance withintheCity of SouthMiami;and,
WHEREAS,theowner of 6141 Sunset Development.LLCisrequestingtoconstructoff-site
drainagefacilitiesonthe City's right-of-wayabuttingthepropertyandtomaintainthefacility;and,
WHEREAS,theaddress of thepropertyis7100block of SW 61s1 Court,SouthMiami,Florida
33143:and,
WHEREAS,the right-of-way is located on SW 61s1 Court from SW 70th Street to SW 72nd Street,
all pursuant tothe plans and specifications.
NOW THEREFORE.BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
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 mustbe recorded andthe recording feeshallbepaidby
6141 Sunset Development,LLC
Section 3:The attached Right-of-way Maintenance Agreement is made part of the resolution.
PASSEDAND ADOPTED this 3rd
ATTEST:
READ AND APERQVED AS TO FORM:
day of August 2004.
APPROVED:
Commission Vote:5-0
Mayor Russell:Yea
Vice Mayor Palmer :Yea
Commissioner Wiscombe:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
RIGHT OF WAY MAINTENANCE AGREEMENT
BETWEEN CITY OF SOUTH MIAMI AND
6141 SUNSETDEVELOPMENT,LLC
Whereas,Owner has requested,and the City has agreed,subject to the terms and
conditions in this Agreement,to grant Owner/Contractor 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 6141 SW 72nd Avenue,South
Miami,Florida 33143;and,
Whereas,within the right-of-way of SW 61st Court from the north right-of-way of
SW 72"Street "Sunset Drive"to south right-of-way line of SW 70th Street,all pursuant
totheplansand specifications;and,
Whereas,the drainage improvements (drainage improvements")consist of three
drains and drain fields into which drainage from the property shall flow;and,
Whereas,the drainage plans and specifications for the property prepared by Pistorino
&Alam,Inc.,have been approved by the City and Owner/Contractor ("plans and
specifications").
Now,therefore,this Agreement is entered into this day of August,2004,by
and between the City of South Miami,Florida,a Florida municipal corporation,and 6141
Sunset Development,LLC,a Florida limited liability corporation,for itself and for its
successors,assigns and heirs (Owner),in and for the consideration often dollars ($10.00)
and the mutual covenants contained in this Agreement,the receipt and legal sufficiency
ofwhichis acknowledged byboth parties.
1.WHEREAS CLAUSES
1.1.The above whereas clauses are incorporated into this Agreement.
2.LEGALDESCRIPTIONOFTHEPROPERTYANDRIGHT-OF-WAY
2.1 The property which is bound by this Agreement is legally described
as:
Lots8 through 15,Block 2lessthe South 21 feetfor
right-of-way dedication ofSW 72nd Street,Larkin
Centeraccordingtotheplatthereof,asrecordedinPlat
Book27,atPage67,andlot5,block2,rosewood
accordingtothePlatthereof,as Recorded in Plat Book
13,Page 62.
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SUBJECT TO:
All rights,reservations,restrictions,limitations and
easements of record andall zoning ordinances,
restrictions,prohibitions and other requirements
imposed by governmental authorities,without
reimposing thesame.
2.2 The right-of-way upon which the drainage improvements are to be
constructed and maintained by 6141 Sunset Development,LLC is legally described as
follows:
Whereas,withinthe right-of-way of SW 61st Courtfrom
the north right-of-way of SW 79th Street "Sunset Drive"
to south right-of-way line of SW 70th Street,all pursuant
totheplansand specifications.
3.DRAINAGE IMPROVEMENTS
3.1 Owner/Contractor shall construct the drainage improvements on the
above-described right-of-way in accordance with the plans and specifications which were
prepared by Pistorino &Alam Consulting Engineers,Inc.dated July 15,2004,and which
were approved by the City on July ,2004,and as they may be amended and approved by
the City and Owner/Contractor fromtimetotime.
3.2 Owner/Contractor 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.
3.2 Owner/Contractor shall maintain the drainage improvements in good
repair at all times,at its sole expense,and prevent the drainage improvements from
becomingtrafficandpedestrian hazards.The Owner/Contractor shallbeentitledtoenter
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 Owner/Contractor 30-days written notice of any
necessary repairs,and Owner's Owner's/Contractor's failure to perform the repair within an
additional 30-day period.The cost of the repair shall be charged to and shall be reimbursed
by the Owner/Contractor within 30 days of receipt of the invoice from the City.
3.3 Owner/Contractor shall have the right to enter the right-of-way for
the purpose of constructing and maintaining the drainage improvements.
Owner/Contractor 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.
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4.RESERVATION OFRIGHTS
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
anyandall repairs resulting therefrom.
5.CORRECTIONOFUNSAFECONDITION
5.1 The drainage improvements shall be maintained inasafe condition
at all times by Owner/Contractor.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/Contractor 30-days written notice,to cure,repair,correct or modify the drainage
improvements and the affected right-of-way at the Owner's/Contractor's expense.
5.2 If the City determines that the unsafe or dangerous condition isofan
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/Contractor as soon as is practicable.
6.INDEMNIFICATION ANDHOLDHARMLESS
6.1 Owner/Contractor 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 orin part by the construction and
maintenance,or the failure to maintain the drainage improvements.
7.UTILITYANDRIGHTOFWAYIMPROVEMENTS
7.1 Owner/Contractor upgrade all storm water systems to 61 Court only
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
pursuanttotheapprovedplansand specifications.
7.2 Sizing ofthe system shall beforthe on-site needs andthe needs of
the public right-of-way described above,which shall also include SW 61st Court from the
north right-of-way of SW 72nd Street "Sunset Drive"to south right-of-way line of SW
70 Street,all pursuant to the plans and specifications.
Page 3 of8
7.3 Owner/Contractor 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
sanitarysewersystems.
7.4 Owner/Contractor shall upgrade the right-of-way pursuant to the
approved plans and specifications,including streetscapes,wider sidewalks,landscaping,
applicable texture pavements,and street lighting.
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 ofthe 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 toan 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 ofor 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 ofa 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.PERPETUALDURATIONOFRIGHTSANDOBLIGATIONS
10.1 In order to comply with the Marketable Records Title Act the rights,
powers and obligations under this Agreement shall run with the property for a term of30
years and automatically renew for successive 30 year terms and shall bind the successors,
assigns and heirs of the Owner.
10.2 This Agreement and subsequent renewals shall be recorded andthe
propertyshallbeencumberedbythis Agreement.
Page 4 of8
11.NOTICES
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
forthegiving of notices.
12.CONTRACTINGOFFICERREPRESENTATIVE
12.1 For the purposes of this Agreement,the contracting representatives are
as follows:
For the City of South Miami For 6141 Sunset Development,LLC
Name:AjibolaBalogun Name:MarceloFernandes
Title:Public Works Director Title:Manager 6141 Sunset Development,
6130 Sunset Drive LLC
South Miami,Florida 33143 7500RedRoad
Telephone:(305)668-7206 South Miami,Florida 33143
Facsimile:(305)668-7356 Telephone:(305)663-1293
Facsimile:(305)665-0272
13 JURISDICTION AND VENUE
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/Contractor 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/Contractor'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.
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16.SIGNATORY AUTHORITY
16.1 The officials executing this Agreement warrant and represent that
they are authorized by their respective agency to enter into abinding Agreement.
[SIGNATUREPAGESTO FOLLOW]
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IN WITNESS WHEREOF,this Agreement is accepted and delivered on the date stated
abovebythe following signatories.
CITY OF SOUTH MIAMI
Maria Davis,City Manager
ATTEST:
By:
Maria M.Menendez^ty Clerk
APPROVED AS TO FORM AND
CONTENT:
By:_
Luis R./Fi^ueredo/City Attorney's Office
£
6141 Sunset Development,LLC
PropertyOwner
By:.
[Print Name:
As:
[PrintCorporateTitle]
ATTEST:
[Print Name:
[Print Corporate Title]
Page 7 of8
STATE OF FLORIDA
COUNTYOFMIAMI-DADE)
ACKNOWLEDGEMENT OF PROPERTY OWNER
)
)ss:
The foregoing instrument was acknowledged beforemethis
,2004by
day of
of
STATE OF FLORIDA
as
)
)ss:
,on behalf of the
Property Owner,who is personally known tomeor has produced
as identification.
Notary Public,State of Florida
Print name:
Commission No:
COUNTYOFMIAMI-DADE)
ACKNOWLEDGEMENT OF CITY OF SOUTH MIAMI
k The foregoing instrument was acknowledged before me this |r^-day of
•PUQ(1.4-2004 by MARIA DAVIS,City Manager,and MARIA MENEDEZ,
City (Jerk,of the City of South Miami,on behalf of the City,who are personally known to
me.
Notar}*Public.State of FloridaPrintname:^klrajL ftcyl.
Commission No:t^&a'sWg^O
/>"%*.Nkenga Payne
-cm*<*^CommissionD0255S47
\*p.«r Expires October 05,2007
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