HomeMy WebLinkAboutR-2003-276 B&JCM Properties-hotel RESOLUTION NO. 2003-276
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
-,� AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A
DEVELOPER'S AGREEMENT WITH B&JCM PROPERTIES, L.L.C.,
PERTAINING TO CONNECTION TO THE CITY SANITARY SEWER
SYSTEM TO ALLOW FOR DEVELOPMENT OF A HOTEL TO BE
LOCATED AT THE NORTHWEST CORNER OF 1-95 AND STIRLING ROAD
IN THE CITY; 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 proper City officials are authorized to execute a developer's
agreement on behalf of the City with B&JCM Properties, L.L.C., pertaining to connection to
the City sanitary sewer system to allow for development of a hotel to be located at the
northwest corner of 1-95 and Stirling Road in the City, a copy of which agreement is
attached and identified as Exhibit "A". The City Attorney is authorized to make such minor
revisions to the agreement as are determined to be in the best interest of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on December 8, 2003.
-ZA
BOBANTOW
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN- YES
COMMISSIONER FLURY - YES
COMMISSIONER MIKES - YES
CHARLEN J HNSON VICE-MAYOR MCELYEA- YES
CITY CLER MAYOR ANTON -YES
APPROVED AS TO FORM ND CORRECTNESS:
BY:
TH MAS). AgSf3RO
CITY At ORNEY
1 RESOLUTION NO. 2003-276
Prepared by:
Richard G. Coker, Jr., Esquire
Coker& Feiner
1404 South Andrews Avenue
Fort Lauderdale, FL 33316-1840
Telephone: (954) 761-3636
AGREEMENT
THIS IS AN AGREEMENT, entered into 2003 by and between
THE CITY OF DANIA BEACH ("City"), a Florida municipal corporation with a business
location at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and B & JCM
Properties, L.L.C., a Florida limited liability company, with a business location at 3805
Northwest 107" Avenue, Miami, FL 33256 ("Owner").
WHEREAS, Owner wishes to construct a private wastewater pumping station and
force main and appurtenances to serve property owned by Owner and desires to connect
to the City's sanitary sewer system; and
WHEREAS, pursuant to Res. #2003-276 adopted at its meeting of
December 8. 2003 . the City Commission of City authorized the proper City
officials to execute an agreement with Owner authorizing the construction of a temporary
sanitary sewer pumping station and force main to serve property owned by Owner and
authorizing the connection of such temporary force main to the City's sanitary sewer
system subject to specified terms and conditions, and
WHEREAS, the City has agreed to allow Owner to connect to the City's sanitary
sewer system in accordance with the site plans for a 158-unit hotel building, pages 1
through 9A, prepared, signed and sealed by Ralph D. Denuzzio & Associates, Inc., and
sealed and dated January 6 2003, all subject to the terms and conditions as
hereinafter set out:
In consideration of the mutual promises and covenants contained in this Agreement,
and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
1 . The recitals above are true and correct and are made a part of this
Agreement.
2. The City gives to Owner the right to cause to be installed at Owner's expense
a force main from Owner's property, as more particularly described in Exhibit"A,"attached,
located at the northwest corner of 1-95 and Stirling Road, Broward County, Florida, under
the Project more particularly detailed on the Stirling Suites Site Plans for the 158-unit
+� Stirling Suites Hotel Site, pages 1 through9A, prepared, signed and sealed by Ralph D.
Denuzzio & Associates, Inc., a professional engineer registered in the State of Florida
("Plans"), such Plans being incorporated into and made part of this Agreement. Copies of
the Plans are on file with the Office of the City Public Services Director, City of Dania
Beach, 100 West Dania Beach Boulevard, Dania Beach, FL 33001. This right to complete
such Project as granted by City is subject to the provisions of this Agreement and the
following conditions to be performed by owner:
(a) The installation of the temporary force main and sewerfacilities within
any City property, rights-of-way or easement shall be accomplished by an engineering
contractor approved by the City Engineer.
(b) The installation of the temporary force main and sewer facilities and
completion of Project shall comply with the requirements of all applicable building codes of
the City and the CONSTRUCTION STANDARDS AND SPECIFICATIONS of the Office of
the City Engineer, as amended ("Blue Book"), and be subjected to inspections by City's
engineering inspectors.
•e
(c) The actual tie-in of the temporary force main and appurtenances to the
City's sanitary sewerage system shall be accomplished by Owner's engineering contractor
with a City Engineering Division representative present at time of tie-in.
® (d) Owner shall retain title to and be responsible for all costs of
maintenance on all portions of the facilities that are installed on Owner's Property. The
Owner shall also maintain the portions of the facilities installed outside the Owner's
property in the public rights-of-way to the point of Owner's connection to the City's
transmission system referenced in the submitted design and Plans.
(e) Owner shall obtain all necessary permits from all applicable
governmental agencies and where required by law, rule or ordinance. Owner agrees to pay
all fees in connection with obtaining the above permits for the Project.
(f) To the extent permitted by law, Owner, by execution of this
Agreement, accepts any and all liability claimed or assessed against the City by any and
all persons as a result of any damage, injury or death of any person or damage of any
property or both arising out of or in any way connected with the Project and the installation
and maintenance of the main and its appurtenances.
(g) Owner will proceed as quickly as possible and without delay to
produce detailed plans, specifications and contract documents, so that actual construction
can begin promptly. Owner shall place on file with the City Engineer a copy of any and all
contracts executed between Owner and any contractor or contractors for the construction
-2-
of the aforementioned force main and appurtenances before the facilities are constructed
® within any City property or rights-of-way.
(h) Prior to connecting up plumbing constructed on any of the lots or lands
described above, with the sanitary sewerage main, the construction of which is permitted
and provided for in this Agreement, and prior to the connection of the main and its
connecting line with the City sanitary sewerage system as now located and in operation,
Owner shall secure from the general contractor or contractors for transmittal to the City
Engineer immediately upon completion of the work as defined below, a sworn Certificate,
approved by Owner, certifying that all subcontractors have been paid in full, and further
releasing the City from all claims for labor and materials and any and all other costs or
damages incurred by the general contractor or any other contractors in connection with
the work, or by or through its or their subcontractors, if any; "Work" as used in this
Agreement means only such work as is requested by Owner to be connected up with City
facilities. Owner shall not be permitted to connect to any portion until the intervening and
functioning line (intervening between such requested section and City's lines) is connected
with the City system.
(i) Owner stipulates, agrees and understands that City will not accept any
sewage from the constructed line or permit any plumbing to be connected to the line until-
(1) Receipt of the foregoing Certificate from the general
contractor, approved by the Owner; and,
(2) Payment by Owner to City of all costs paid and expenses
incurred by City incident to approval of plans and inspection
and approval of work.
(j) Owner shall not be liable for any damages directly caused by the
improper functioning of the City's sanitary sewer transmission system.
3. The installation of sanitary sewer facilities permitted under this Agreement
are temporary only and Owner agrees that it will not interpose, at any time now or in the
future, an objection to the installation of sanitary sewer mains in the area in which Owner's
plot of land as described herein, is located, under a Sewerage Plan of the City. Owner
further agrees that it will pay any and all sewer assessments levied against the above-
described land in connection with an overall sewerage plan and installation in the area,
and abide by all regulations in connection with any such plan and installation, and until
such general plan is put into effect will pay all sanitary sewerage service charges now
existing or subsequently adopted for customers using sanitary sewers. Owner
unequivocally agrees that should City implement a special assessment for public sanitary
sewer system improvements, Owner's Property described herein would receive a
substantial benefit with the surrounding properties.
® 4. The Project installation of the force main connection permitted under this
Agreement must be completed within one (1) year from the date of this Agreement. Should
the Owner fail to install the facilities and connect to the City's sewer system by the
termination of the one-year period, this Agreement shall then become null and void.
5. Owner's force main shall connect to the City's sewage system by connection
of a force main going from an existing lift station to the Project site located at the
intersection of 1-95 and Stirling Road, as shown on the Plans. Owner's contractor shall
obtain the required engineering permit from the office of the City Engineer for this
installation.
6. The property to be served is a hotel site with an average daily wastewater
flow of 32,232 gallons per day (22.38 gpm) .
7. The connection to the Owner's force main and City's sanitary sewer system
shall be inspected by the office of the City Engineer.
8. Owner shall remain responsible to pay any impact fees for flows in excess of
the allowable flows provided in the Uniform Land Development Regulations of the Code of
Ordinances of the City of Dania Beach and City Resolution No. 2003-276
Permit fees shall be assessed during permit review for inspection and any required
® materials' testing in accordance with current City Ordinances prior to permit issuance.
9. Owner, at Owner's sole expense, shall have a professional engineer prepare
the necessary plans and specifications for the installation of the temporary force main, to
include four (4) sets of plans and specifications, material and equipment-related shop
drawings for right-of-way facilities, and all other standard engineering permit submittals
shall be forwarded to the City Engineer for review and approval prior to permit issuance.
One (1) approved set of these submittals shall be returned to Owner. The City inspection
division and Ralph D. Denuzzio & Associates shall be notified in writing forty-eight (48)
hours prior to any construction within any City right-of-way or easement. All work shall
conform to City specifications, as provided in the Blue Book and herein.
10. If at any time the pumping station, force main or its appurtenances become a
sanitary nuisance or health hazard, the nuisance or health hazard shall be immediately
corrected by Owner. All ordinances of the City shall be adhered to, and if in the opinion of
the City Engineer, pre-treatment of sanitary wastes from the property described above is
required or directed, Owner shall immediately contract for the construction of necessary
facilities and bear all costs for design, construction, operation, and maintenance of the
pre-treatment facilities. Failure to comply with this provision will result in cancellation of
this Agreement by City.
-4-
11. Upon execution of this Agreement by Owner and City, permission is granted
® to Owner for disposal of wastewater from the Owner's Property. No other connection into
the force main shall be permitted without specific permission from the City Engineer and
City, if required. Any expansion, modification or revision of the existing conditions must be
submitted for the approval of the City Engineer. The City Engineer, after review of
adequate reserve capacity, may authorize connections to this main after review and
verification by hydraulic analysis that the additional flow will not adversely affect the
operation of the sewer system. Non-compliance with this requirement will be grounds for
cancellation of this Agreement by City.
12. If at any time the property described herein is not utilized as described
above, approval must first be secured from the City Engineer before any further
wastewater is discharged into the force main and the City's system.
13. If after completion of construction and acceptance by the City, the temporary
force main is damaged by any contractor constructing facilities for the City or by any other
person authorized by the City to install utilities within any City property or rights-of way and
which results in the temporary force main being out of service for any length of time, thus
causing a hardship or inconvenience for owner, neither the City, the contractor acting in
accordance with State/County/City of Dania Beach engineering standards and regulations,
nor the City person(s) authorized to install utilities shall be held responsible or liable for
any damage or inconvenience suffered by Owner.
® 14. The City shall not be liable in any way for damages incurred within the City
property or rights-of-way, or Owner's property due to any stoppage, breakage, grease
accumulation or any other malfunction of the temporary force main, sewer line or pumping
station.
15. All replacement of existing alleys or streets and their sub-surfaces, if any,
shall be made in accordance with standard City street replacement specifications as
provided in the latest revision of the Blue Book subject to inspection by the Engineering
Inspector, and immediate rectification of any defects in any replacement work shall be
made by Owner immediately upon the notification of the Engineering Inspector.
16. Upon termination of use of the temporary pumping station and force main, the
sanitary sewer and facilities shall be cleaned as directed by the Public Services
Department, and any section of force main within the utility easement or City's right-of-way
shall be properly plugged or abandoned as directed or required by City. The cost of this
work shall be the responsibility of Owner. Should Owner fail to complete the work required
under this Section, City shall perform or have the work completed and the costs therefor
charged to Owner, and shall constitute a lien against Owner's properties.
-5-
17. Prior to acceptance of work by the City, Owner's Consulting Engineer shall
® transmit to the City Engineer sets.of certified "as-built" plans indicating survey location of
facilities constructed and all utilities crossed, including appropriate elevations and
horizontal control (baseline survey stationing and offsets referenced to project boundary or
centerline of streets).
18. All legal documents pertaining to Section 17 above shall be recorded by
Owner in the Public Records of Broward County, Florida, and transmitted to the City
Engineer before the force main can be activated.
19. The permission contained in the Agreement shall not be effective until this
Agreement has been duly executed by all parties and recorded by Owner at its expense in
the Public Records of Broward County, Florida.
20. Owner shall indemnify, hold harmless, and defend the City and all of its
officers, agents, servants and employees from and against any claim, loss,damage, injury,
including death, cost, charge or expense arising out or in any way connected with any
error, act, omission, or negligence of Owner, its agents, employees, or contractors,
occurring during the pre-construction and construction of the Project or during the term of
this Agreement.
21. Whenever either party desires to give notice to the other, such notice must
be in writing, sent by certified United States Mail, postage prepaid, return receipt
® requested, or by hand delivery with a request for a written receipt of acknowledgment of
delivery, addressed to the party for whom it is intended at the place last specified. The
place for giving notice shall remain the same as set forth herein until changed in writing in
the manner provided in this section. For the present, the parties designate the following:
FOR OWNER: Benito Irastorza
B & JCM Properties, L.L.C.
3805 Northwest 107th Avenue
Suite 123
Miami, FL 33256
FOR CITY: Director of Public Services Department
City of Dania Beach
100 West Dania Beach Boulevard
Dania, FL 33004
22. This Agreement shall be binding upon the successors and assigns of the
parties, and all conditions and covenants in it shall be construed to be, and are, covenants
running with and encumbering the properties of Owner.
-6-
23. The parties hereto acknowledge that they have sought and received
® whatever competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein and that the preparation of this
Agreement has been a joint effort of the parties, the language has been agreed to by
parties to express their mutual intent and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the parties than
the other.
24. In the event this Agreement or a portion of this Agreement is found by a court
of competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective.
25. Failure by City to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this Agreement.
26. 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 parties.
27. This Agreement shall be of no force and effect if not properly executed by all
parties on or before from date appearing above, unless the parties, by mutual agreement
in writing, shall for good cause extend the time for execution.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY
CITY OF DANIA BEACH,
a Florida municipal corporation
ATTEST:
BOB AWTO
CHARLENE JOHNS, MAYO -COMM HONER
CITY CLERK
y-
IV/,AN PATO
CITY MANAGER
APPROVED FOR FORM
-7-
AND CORRECTNESS:
This day of , 2003
By. -f I ) 4, -� A
THOM'AS . ANSBF O E .Q
CITY ATTORNEY
•
-8-
WITNESSES: B &JCM PROPERTIES, L.L.C., a Florida
limited liability company
By: BENTEL CORPORATION, a Florida
corporation nager/M er
(7 B �z
Signature enito Ir storza
_)0i4An A )•Zi 1 Ga��t
Print Name
Sign ure
_36—
Print Name
STATE OF FLORIDA )
SS:
COUNTY OF BROWARD )
Before me, the undersigned authority, personally appeared Benito Irastorza as
President of the corporation identified above, who executed the Agreement for the
purposes specified in it and who (check one)[/]f is tersonally known to me or[ ]produced
® a as identification on , 2003.
NOTARY PUBLIC
Print Name:
My Commission Expires:
R
EDITH DENUZZIOMY COMMISSION#DD254208EXPIRES:September29,2007
•
-9-
EXHIBIT "A"
® Legal Description for
(Provide proper legal description)
S -10-
"7.
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and City Commissioners
CC: Ivan Pato, City Manager
Larry Leeds, Community Development Director
Leo Williams, Acting Public Services Director
FROM: Tom Ansbro, City Attorney
DATE: December 3, 2003
RE: Proposed Developer Agreement Between City and B&JCM Properties, L.L.C.;
Hotel Site Located at Northwest Corner of I-95 and Stirling Road
The owner of the site referenced above has requested that the City enter into an
agreement which will allow it to hook-up to the City sanitary sewer system in connection with
the proposed development of a 158 unit hotel building to be built at the location referenced
above. The agreement, which has been reviewed by Mr. Leeds and Mr. Sheridan, would allow
the Owner to construct a temporary sanitary sewer pumping station and force main to serve the
parcel and tie into the City sanitary sewer system. Once a permanent sewer system becomes
available in the area, the temporary structures will have to be disconnected and hook-up to the
permanent system will be required.
This is now ready for Commission review and approval.
566.028
TJA:slw
Attachment
wMOW= FLORIDA
January 12, 2004
Johanna J. Zeigler
Administrative Assistant
Ralph D. Denuzzio & Associates
6100 Boulevard of Champions
North Lauderdale, FL 33068
RE: AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND
B & JCM PROPERTIES, LLC.
Dear Ms. Zeigler:
On December 8, 2003, the Dania Beach City Commission adopted
Resolution No. 2003-276 approving a developer's agreement pertaining to
® connection to the City sanitary sewer system to allow for development of a 158-
unit hotel building.
We enclose for your records, a copy of the resolution and one (1) original
agreement that has now been fully executed.
If you have any questions, please contact me at 954-924-3624.
Sincerely,
Miriam Nasser
Deputy City Clerk
Enclosures
•
"Broward's First GrY'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
-1p4 19.
Engineers, Planners, Surveyors,
rGeographic Information Systems
DEC 4 - ?00-:
BY:
LETTER OF TRANSMrTTAL
TO: Charlene Johnson, Clerk of Courts DATE: December 3, 2003
City of Dania Beach
100 W. Dania Beach Blvd. PROJECT NO. 01023
Dania Beach, FL 33004
954.924.3600
RE: Stirling Suites
TOTAL NUMBER OF SET(S): 2
PAGES PER SET: 10
Dear Ms. Johnson,
• Per our telephone conversation, enclosed please find two original signed and
notarized water and sewer agreements for the above referenced project. Please
add this agreement to the agenda for the city commission meeting on 12/8/03.
Thank you for your consideration in this matter.
Kindly contact me at 954.969.5100 ext.3 if you have any questions.
Sincerely,
Johanna J. Zeigler
Administrative Assistant
TRANSMITTED VIA: FedEx DATE: December 3, 2003
RECEIVED BY: SENT BY: JZ
6100 Boulevard of Champions, North Lauderdale, FL 33068, 'R tel: (954)969-5100, A fax: (954)969-9680,
6175 Babcock St., Suite B, Palm Bay, FL 32909, �T tel: (321)674-9338, A fax: (321)674-3834,
E-mail: officeno,denuzzio.com