HomeMy WebLinkAboutR-2006-145 FS 93 Roadway Improvements (Interlocal Agreement) RESOLUTION NO. 2006-145
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
DANIA BEACH AND BROWARD COUNTY, PERTAINING TO
INSTALLATION OF ROADWAY IMPROVEMENTS IN CONNECTION
WITH THE PLAT APPROVAL PROCESS FOR THE FIRE STATION 93 SITE;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the Interlocal Agreement between the City of Dania Beach, and Broward
County, pertaining to the installation of roadway improvements in connection with the plat
f
approval process for the Fire Station 93 site, such Agreement iii substantial form as Exhibit "A",
attached, is approved and the proper City officials are authorized to execute it. The specific cost
• of the improvements is $70,923.00. The funds for such improvements will be derived from Fire
Reserve which funds have been designated in an account to ensure that the costs are paid.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests of the
City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
adoption.
PASSED AND ADOPTED on September 12, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
•
AT EST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS AND CORRECTNESS
THO AS Y. A SBRO
CITY ATTORNEY
•
•
2 RESOLUTION#2006-145
CITY OF ®AMA BEACH
/ p Agenda Item # .
4 " yyi
Agenda Request Item
Date of Commission Meeting: 9/12/2006
Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid/RFP ❑ Presentation ❑ Continued from:
RegUes .tedAGtion' (Itlenfity appropnate;Acbon or Motion)°(i
Approval of"Installation of Required Improvements Agreement' between Broward County and City of.Dania Beach
relating to construction of Dania Beach Fire Station #93.
Why,Action is Necess'a'ry�
Z.
In order to gain plat approval from the county, the city had to agree to assume responsibility for certain road
improvements as set forth in the agreement (Exhibit "B") and to meet the requirements set forth in the body of the
agreement.
hatAction Accomplishes ;a
Satisfying another requirement in the procedures necessary to begin construction of Station 93.
Purchasing Requests ONLY
s.
Dept: 2201 Fire Rescue Acct#: Amt: $70,923.00
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Summary Explanation/Background
The project known as Dania Beach Fire Station#93 was approved by Broward County on June 27, 2006. In order to gain
approval, the city had to agree to make certain improvements to the roadways and to agree that such improvements
would be made in accordance with applicable county, city or State of Florida, Department of Transportation standards
and specifications and in accordance with the Development Review Report for the project as set forth in the"Installation
of Required Improvements Agreement' being submitted for commission approval.
Fiscal ImpactlCost Summary '
Specific cost of the improvements is $70,923.00,which will be funded from Fire Reserve which funds have been
designated in an account to ensure that the costs are paid.
Exhibits Attached
Resolution authorizing execution of an interlocal agreement pertaining to installation of roadway improvements in
connection with the plat approval process for Fire Station 93 site.
"Installation of Required Improvements Agreement"
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
Authorized Signatures
Submitted by
Christy Lee Blocker Date 09/01/06
Department Director
Ken Land Date 09/01/06
HR Director
Date
Finance Director
Patricia Varney Date 09/01/06
City Attorney
Thomas J. Ansbro Date 09/01/06
City Manager
Ivan Pato Date 09/01/06
City Clerk.Use, �r.
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
. Return recorded copy to:
Broward County Highway Construction and
Engineering Division
1 North University Drive, Suite 300E
Plantation, FL 33324-2038
Document prepared by:
NOTICE: PURCHASERS, GRANTEES, HEIRS, SUCCESSORS AND
ASSIGNS OF ANY INTEREST IN THE PROPERTY SET FORTH ON
EXHIBIT "A" ARE HEREBY PUT ON NOTICE OF THE OBLIGATIONS
SET FORTH WITHIN THIS AGREEMENT WHICH SHALL RUN WITH THE
PROPERTY UNTIL FULLY PERFORMED.
INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT
• This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY, "
AND
The City of Dania Beach, a municipal corporation, created and existing under the
laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY."
WHEREAS, CITY'S Project, known as Dania Beach Fire Station #93,
Development Management Division File No. 066-MP-05, hereinafter referred to as the
"Project," a legal description of which is attached hereto as Exhibit "A" and made a part
hereof approved by the Board of County Commissioners of Broward County on June 27,
2006, subject to certain conditions to ensure the protection of the public health and
safety, and one of the conditions imposed at the time of approval was the construction of
certain road improvements; and
WHEREAS, the parties desire to enter into this agreement to provide for the
construction, funding and security for the required improvements as described in Exhibit
"B" attached hereto and made a part hereof; NOW THEREFORE,
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IN CONSIDERATION of the mutual terms, conditions, promises, and payments •
hereinafter set forth, the parties agree as follows:
1. The above recitals and representations are true and correct and are incorporated
herein.
2. INSTALLATION OF REQUIRED IMPROVEMENTS.
(a) CITY agrees to and shall construct the improvements described in the
attached Exhibit "B," hereinafter referred to as the "Improvements." Said
Improvements shall be constructed in accordance with the schedule set out
in Exhibit "B."
(b) The Improvements described in Exhibit "B" shall be installed in accordance
with applicable COUNTY, CITY, or State of Florida, Department of
Transportation standards and specifications and in accordance with the
Development Review Report for the Project. The construction plans for the
Improvements, including pavement marking and signing plans, shall be
submitted to COUNTY for review. The construction plans for the
Improvements must be approved by the COUNTY prior to the
commencement of construction. Construction shall be subject to inspection
and approval by COUNTY. Pavement marking and signing shall be
provided for all of the Improvements and shall be subject to review, field •
inspections and final approval by the Broward County Traffic Highway
Construction and Engineering Division, which Improvements shall be
consistent with the previously approved plans.
(c) CITY agrees not to issue any certificates of occupancy within the Project
prior to completion of the "Improvements" according to the schedule set
forth in Exhibit "B."
(d) CITY agrees to notify COUNTY of acceptance of Improvements by
permitting authority if such permitting authority is other than the COUNTY.
3. CITY understands and agrees that it is CITY'S responsibility to complete the
Improvements described in Exhibit "B" and that all costs relating to the installation
of the Improvements will be borne by the CITY.
4. SECURITY AND DEFAULT.
(a) Prior to the CITY recording the plat or any agreements which were
conditions of approval for the Project, the CITY shall provide the COUNTY
with a certified Resolution, duly adopted by the CITY which guarantees the
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• CITY'S performance of the construction obligations set forth in this
Agreement in the total amount of$70,923.
(b) The CITY is a governmental agency and is not required to provide the
COUNTY with security such as a irrevocable letter of credit, which
guarantees the CITY's.performance of the construction obligations set forth
in this Agreement. However, in the event that CITY conveys, assigns,
leases or otherwise grants any interest in the Project to another party prior
to completion of the Improvements described in Exhibit "B," then CITY shall
require such party to enter into an agreement and deliver security, such as
an irrevocable letter of credit, in a form acceptable to the COUNTY, which
guarantees performance of the construction obligations, or any part thereof,
as set forth in this Agreement
(c) The CITY agrees not to obtain or issue any certificates of occupancy prior
to completion of the applicable Improvements as set forth in Exhibit "B."
(d) In the event that the CITY's Resolution securing the Improvements is
repealed or is disaffirmed, COUNTY shall send notice to CITY according to
the notice provisions of this Agreement and CITY shall have one (1) month
from the date of such notice to provide substitute security in a form
acceptable to COUNTY. If CITY fails to provide acceptable substitute
security, at the option of the COUNTY, COUNTY may declare a default
under this Agreement.
5. CITY agrees that the construction contract(s) for the Improvements shall:
(a) Indemnify and hold harmless COUNTY, its officers and employees, from
liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the CITY's contractor
and persons employed or utilized by the CITY's contractor in the
performance of this Agreement. Except as specifically provided herein, this
Agreement does not require the CITY's contractor to indemnify COUNTY,
its employees, officers, directors, or agents from any liability, damage, loss,
claim, action, or proceeding. In the event that any action or proceeding is
brought against COUNTY by reason of any such claim or demand, the
CITY's contractor shall, upon written notice from COUNTY, resist and
defend such action or proceeding by counsel satisfactory to COUNTY. The
provisions of this section shall survive the expiration or earlier termination of
this Agreement.
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(b) In order to insure the indemnification obligation contained above, the CITY's •
contractor shall, as a minimum, provide, pay for, and maintain in force at all
times during the term of this Agreement (unless otherwise provided), the
insurance coverage-set forth below, in accordance with the terms and
conditions required by this section.
(c) Such policy or policies shall be without any deductible amount and shall be
issued by United States Treasury approved companies authorized to do
business in the state of Florida, and having agents upon whom service of
process may be made in Broward County, Florida. The CITY's contractor
shall specifically protect COUNTY and the Broward County Board of County
Commissioners by naming COUNTY and the Broward County Board of
County Commissioners as additional insured.
(d) Comprehensive General Liability Insurance A Comprehensive General
Liability Insurance Policy with minimum limits of Five Hundred Thousand
Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive
General Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
Premises and/or operations.
Independent contractors.
Products and/or completed operations for contracts.
Broad Form Contractual Coverage applicable to this specific
contract, including any hold harmless and/or indemnification
agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
Underground coverages.
(e) Business Automobile Liability Insurance Business Automobile Liability
Insurance with minimum limits of Three Hundred Thousand Dollars
($300,000.00) per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business Automobile
Liability Policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include:
Owned vehicles.
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Hired and non-owned vehicles.
Employers' non-ownership.
(f) Workers' Compensation Insurance. Workers' Compensation insurance to
apply for all employees in compliance with the "Workers' Compensation
Law" of the State of Florida and all applicable federal laws. In addition, the
policy(ies) must include:
Employers' Liability with a limit of One Hundred Thousand Dollars
($100,000.00) each accident.
(g) CITY shall furnish to the Broward County Highway Construction and
Engineering Division Certificates of Insurance or endorsements evidencing
the insurance coverage specified by this Article prior to beginning
performance of work under this Agreement. The required Certificates of
Insurance shall name the types of policies provided, refer specifically to this
Agreement, and state that such insurance is as required by this Agreement.
(h) Coverage is not to cease and is to remain in force (subject to cancellation
notice) until all performance required of CITY is completed. All policies
must be endorsed to provide COUNTY with at least thirty (30) days' notice
of cancellation and/or restriction. If any of the insurance coverage will
expire prior to the completion of the work, copies of renewal policies shall
be furnished at least thirty (30) days' prior to the date of their expiration.
7. COUNTY agrees that this Agreement satisfies the requirements of the Broward
County Land Development Code, that CITY install all required Improvements prior
to issuance of a development order or enter into an agreement to provide for
installation of the required Improvements within a reasonable period of time or
before issuance of building permits or certificates of occupancy, as required by the
County Commission. Upon official acceptance of the Improvements by the
applicable road construction permitting agency, the local government may issue
certificates of occupancy for parcels or portions of the Project according to the
schedule set forth in Exhibit "B."
8. NOTICE. Whenever any of the parties desire to give notice to the other, such
notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the
party for whom it is intended at the place last specified; the place for giving of
notice shall remain such until it is changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following
as the respective places for giving notice:
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For the COUNTY:
Director of the Broward County Highway Construction and Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
For the CITY:
Michael Cassano, Deputy Fire Chief and Project Manager
P.O. Box 1708
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
9. RELEASE. When all of the obligations attributable to a specific Phase of the
Project, as set forth in Exhibit "B," or all of the obligations under this Agreement
are fully paid and performed, at the request of the CITY and upon payment of any
applicable fees, COUNTY shall cause a Partial Release to be recorded in the
Official Records of Broward County, Florida, evidencing such performance. To the
extent that the obligations set forth herein are divisible and attributable to a specific
parcel or portion of the Project, COUNTY may grant a partial release of this
agreement for a specific parcel or portion of the Project for which this road impact
obligation has been satisfied.
10. RECORDATION. CITY agrees that this Agreement shall be recorded in the •
Official Records of Broward County, Florida, against the property described in
Exhibit "A"to put subsequent purchasers, grantees, heirs, successors and assigns
of any interest in such property on notice of the obligations set forth herein, which
shall run with the property until fully performed.
11. VENUE: CHOICE OF LAW. Any controversies or legal issues arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State Courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall
be governed by the laws of the State of Florida.
12. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way
define, describe, extend or limit the scope or intent of this Agreement, nor the
intent of any provisions hereof.
13. NO WAIVER. No waiver of any provision of this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted, and any such
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• written waiver shall only be applicable to the specific instance to which it relates
and shall not be deemed to be a continuing or future waiver.
14. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement
and are incorporated herein by reference. Typewritten or handwritten provisions
inserted in this Agreement or attached hereto shall control all printed provisions in
conflict therewith.
15. FURTHER ASSURANCES. The parties hereby agree to execute, acknowledge
and deliver and cause to be done, executed, acknowledged and delivered all
further assurances and to perform such acts as shall reasonably be requested of
them in order to carry out this Agreement.
16. ASSIGNMENT AND ASSUMPTION. CITY may assign all or any portion of its
obligations pursuant to this Agreement to a grantee of the fee title to all or any
portion of the property described in Exhibit "A." CITY agrees that any assignment
shall contain a provision which clearly states that such assignment is subject to the
obligations of this Agreement and recorded in the public records of Broward
County, Florida.
17. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and CITY.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have made and executed this •
Agreement on the respective dates under each signature; BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor and Vice
Mayor, authorized to execute same by Board action on the day of
, 20_, and the CITY, signing by and through its Mayor-Commissioner,
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
County Administrator and Ex- Mayor
Officio Clerk of the Board of
County Commissioners of day of , 20
Broward County, Florida
Approved as to form by
Office of County Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301 0
Telephone: (954)357-7600
Telecopier: (954) 357-6968
By
Assistant County Attorney
day of , 20
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• CITY
WITNESSES: CITY of DANIA BEACH
By
PATRICIA FLURY
Mayor-Commissioner
day of , 2006
ATTEST:
BY
IVAN PATO
LOUISE STILSON, CMC, City Clerk City Manager
day of , 2006
APPROVED AS TO FORM AND CORRECTNESS
• By.
THOMAS J. ANSBRO, City Attorney
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EXHIBIT "A" •
LAND DESCRIPTION
The South 148 feet of the East one-half of Tract 11, Block 3, of Section 29,
Township 50 South, Range 42 East, less the East 25 feet thereof for road
right-of-way, according to the Plat thereof, as recorded in Plat Book 2 , Page
32 of the Public Records of Dade County, Florida, land situate, lying and
being in Broward County, Florida; AND
The East 172.25 feet of Tract 11 in Block 3, of Section 29, Township 50 South,
Range 42 East, according the the Plat thereof, as recorded in Plat Book 2,
Page 32 of the Public Records of Dade County, Florida, LESS the South 544
feet thereof; and also less the North 25 feet thereof :and the East 25 feet
thereof; said lands situate, lying and being in Broward County, Florida.
Broward County, Florida. Together with reversionary interest in said North 25
feet and said East 25 feet; AND
Commencing at a point 25 feet South of and 35 East feet of the Northwest
corner of Tract 11, Block 3, of the Subdivision of Section 29, Township
50 South, Range 42 East, according to the Plat thereof, recorded in Plat
Book 2, Page 32 of the Public Records of Dade County, Florida; thence
run East and parallel to the North boundary line of said Tract 11 a
distance of 604 feet; thence run Southerly and along the East boundary of said
Tract 11 a distance of 207.94 feet to the POINT OF BEGINNING; thence continue
Southerly a distance of 296 feet; thence run Westerly and parallel with the
South boundary of said Tract 11 a distance of 319.19 feet; thence run
Northerly a distance of 296 feet; thence run Easterly a distance of 319. 35
feet to the POINT OF BEGINNING, LESS the East 25 feet thereof, for a road
right-of-way. Said lands situate, lying and being in Broward County, Florida; •
AND
The North 100.18 feet of the South 544 feet of the East 172 .25 feet of Tract
11 in Block 3, Section 29, Township 50 South, Range 42 East, according to the
Plat thereof, as recorded in Plat Book 2, Page 32, of the Public Records of
Dade County, Florida, Less and excepting therefrom the East 25 feet thereof.
Said lands situate, lying and being in Broward County, Florida;
AND
The North 100.22 feet of the South 544 feet of the East 1/2 of Tract 11
in Block 3 of Section 29, Township 50 South, Range 42 East, according to the
Plat thereof, recorded in Plat Book 2, Page 32 of the Public Records of Dade
County, Florida. LESS and excepting therefrom the East 172 .25 feet thereof.
Together with the West 27.25 feet of said East one-half of Lot 11, less the
South 544 feet thereof and also less the North 25 feet thereof. LESS that
certain road right-of-way lying East of said lands as recorded in Official
Records Book 17308, Page 125 of the Public Records of Broward County, Florida,
being more particularly described as follows :
Beginning at a point on the South line of Lot 11, Block 3, Section 29, of the
Plat of Sections 28, 29, 31 and 32, Township 50 South, Range 42 East, as
recorded in Plat Book 2, Page 32 of the Public Records of Dade County,
Florida, said point being 25.00 West of the East line of said Lot 11; thence
South 88'27115" West, along the said South line of Lot 11, a distance of 59. 00
feet; thence North 01"39133" West, along a line parallel with and 84 .00 feet
West of as measured at right angles to the said East line of Lot 11, a
distance of 121.64 feet; thence North 02^09117" East, a distance of 180.40
feet; thence North 01"39133" West, along a line parallel with and 72 . 00 feet
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• EXHIBIT "A"
LAND DESCRIPTION
(continued)
West of as measured at right angles to the said East line of Lot 11, a
distance of 315.33 feet; thence North 46A3313111 West, a distance of 49.41 feet
to a point on the South right-of-way line of S.W. 45th Street as recorded in
Deed Book 1742, Page 380 of the said Public Records of Broward County,
Florida; thence North 88A3213111 East, along the said South right-of-way line,
a distance of 81.88 feet to a point on the West right-of-way line of S.W. 30th
Avenue as recorded in said Deed Book 1742, Page 380; thence South 01'39133"
East, along said West right-of-way line of S.W. 30th Avenue, also being along
a line parallel with and 25.00 feet West of as measured at right angles to the
said East line of Lot ll,a distance of 651. 80 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in the City of Dania Beach, Broward
County, Florida, containing 3 .332 acres, more or less.
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EXHIBIT "B" •
LIST OF IMPROVEMENTS AND SCHEDULE
Road Improvement Completion Date
Construct a southbound right turn lane
At the 50' opening prior to c/o
Reconstruct existing median and northbound
Left turn lane prior to c/o
Sidewalk requirements adjacent to this plat
Displaced by turn lane construction prior to c/o
Construct pedestrian access landing pad prior to c/o
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