HomeMy WebLinkAboutR-2002-067 RESOLUTION NO. 2002-067
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT AMONG THE CITY OF DANIA BEACH, CITY OF
HOLLYWOOD AND GEVA I CORPORATION TO PERMIT GEVA I
CORPORATION TO TEMPORARILY UTILIZE SANITARY SEWER
SERVICES AVAILABLE FROM THE CITY OF DANIA BEACH, SUBJECT
TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Geva I is providing for the installation of certain sanitary sewer lines
to serve certain property in the City, and such sanitary sewer lines are ultimately
required to be connected with and hooked up to certain sewage treatment facilities of
the City of Hollywood, which is unable at the present time to provide such hook-up; and
WHEREAS, the City of Hollywood is willing to permit Geva I to hook up to Dania
Beach's sanitary sewer facilities on a temporary basis and the City is willing to provide
the service, and
WHEREAS, it is the desire of the City Commission to formally approve and enter
into an Agreement on behalf of the City of Dania Beach with the City of Hollywood and
Geva 1 Corporation for the temporary use of City sanitary sewer facilities, subject to
certain terms and conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach, Florida,
approves the Agreement among the City of Dania Beach, City of Hollywood and Geva 1
Corporation to allow temporary use by the Corporation of the City's sanitary sewer lines
until such time as the City of Hollywood can provide such sewer line services for certain
real property controlled by Geva I Corporation and located in the City, a copy of which
Agreement is attached as Exhibit "A" to this Resolution.
Section 2. That the proper City Officials are authorized to execute the
Agreement and the City Manager and City Attorney are authorized to make minor
F:/566001:/Reso1utions:/GEVA I RESOLUTION NO.2002-067
revisions to such Agreement as are deemed necessary and proper and in the best
interest 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resolution are repealed to the extent of such conflict.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 passage and adoption.
PASSED AND ADOPTED on MAY ,
ROBE T H. CHUNN, JR.
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
C A LENE JOH'N, ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS T FORM AND CORRECTNESS:
BY: . 1 --\ -/
-
T OMA J. A SBRO
CITY ATTORNEY
2 RESOLUTION NO.2002-067
F:/566001:/Reso1utions:/GEVA I
t'
AGREEMENT
This agreement made this ,3d_day of
2002, among the City of Hollywood, a municipal corporation of thS S e of Florida,
hereinafter referred to as Hollywood, the City of Dania Beach, a municipal corporation of
the State of Florida, hereinafter referred to as Dania Beach, and Geva I Corporation. a
Florida Corporation whose post-office address is 10374 Bermuda Drive, Cooper City, FL
33026, hereinafter referred to as Geva 1.
WITNESSETH:
Whereas, Geva I is presently engaged in plans for the development and
improvement of certain property within Hollywood, legally described as:
Portion of Parcel "A" Greenman Plaza Plat Book 122 Page 15,
Whereas, Geva I is providing for the installation of certain sanitary sewer lines to
serve the Property, and such sanitary sewer lines are ultimately to be connected with and
hooked up to certain facilities of Hollywood, which is unable at the present time to
provide such hook-ups, and
Whereas, Geva I has requested permission from Hollywood to hook up to Dania
Beach's sanitary sewer facilities on a temporary basis;
Now, therefore, it is hereby agreed and covenanted as follows:
1. Hollywood hereby grants Geva I permission to hook up and
connect its sanitary sewer lines to Dania Beach's lines and
manhole(s) located at a point approved by the City of Hollywood
Director of Public Utilities (hereinafter referred to as the Director).
2. All of the aforesaid work by Geva I is to be done upon approval of
the plans and specifications therefor, including materials and
design flow by the Engineer and both Dania Beach's and
Hollywood's Directors of Public Utilities.
3. All such installation, hook-up and connection, together with all
materials and accessories thereto, are to be done at the sole cost
and expense of Geva I and all of Dania Beach's fees, costs and
changes must be paid in full before service begins.
4. Such temporary hook-up shall continue only until such time as
Hollywood has provided for the installation of its facilities, at
which time Geva I shall disconnect from Dania Beach's facilities
1
and connect to Hollywood's facilities within 90 days of
• notification by Hollywood of the availability of its facilities.
5. Upon disconnection from Dania Beach's facilities and connection
to Hollywood's facilities, Geva I shall pay all outstanding charges
due to Dania Beach and convey, without further consideration, by
absolute Bill of Sale, whatever portion of said facilities Hollywood
desires to have at that time, together with necessary easements for
repair and maintenance, and Geva I shall further pay to Hollywood
whatever impact or connection fees are assessed for connection at
that time and the regular sanitary sewer service charges imposed
by Hollywood, as same may be changed or modified from time to
time.
6. Geva I shall contract only with Hollywood for all potable water
service.
7. Geva I shall solely be responsible for repair, maintenance and
upkeep of said facilities while connected to Dania Beach's
facilities and shall properly repair and maintain same in
accordance with the standards of Dania Beach's and Hollywood's
Public Utilities Departments.
• 8. This agreement shall be recorded by Hollywood, at the cost of
Geva I, and shall be binding on Geva I, its successors, assigns or
grantees and all future owners and occupants of the Property.
9. Dania Beach shall make no attempt to expand its service area(s)by
virtue of said temporary connection, nor make any claim of right
adverse to that of Hollywood by virtue of said temporary hook-up.
10. Geva I shall hold harmless Dania Beach and Hollywood from all
damage to real or personal property occasioned or caused by
making of the sewer connections herein referred to, and shall also
hold harmless Dania Beach and Hollywood from all damages of
any kind, nature or description which may arise as the result of the
making of this agreement.
11. Geva I shall not sell, lease or give any right or privilege to utilize
its sanitary sewer facilities to any other person whose property is
outside that described herein nor allow any such connection,
without the written agreement of Hollywood.
12. Hollywood reserves to the Director the right to decide all questions
• arising as to the proper performance of this agreement by
2
i
Hollywood, Dania Beach, and Geva I in consultation with Dania
• Beach's Director.
13. No officer, employee or agent of Hollywood has the power to
amend, modify or alter this agreement, waive any of its conditions,
or bind Hollywood by making any promise or representation not
contained herein.
In witness whereof, the parties have hereunto set their hands and seals the day and
year first above written.
ATT CITY OF HOLLYWOOD, a municipal corporation
By: .ct
Patricia A. Cerny/AAE Mara Giulianti, Mayor
City Clerk
• APPROVED AS TO FORM &LEGALITY
For the use and reliance of the
City of Hollywood, Florida only:
DANIEL L. ABBOTT, CITY ATTORNEY
ATTEST: CITY OF DANIA BEACH
,---A-,Mur 'cipal CorAplorati
y
L B
Charlene Johrks n Ro ert H. Chunn, Jr.., Mayor
City Clerk
APPROVED r
T FORM & LEGALITY
/� , B _
Tho as slim, dity Attorney P to, City Manager
3
e
WITNESSES:
•
GEVA I C orati n.
�-! By:
Print:
The foregoing instrument was acknowledged before me this I7
day of v , 2002 by�opry UQsi JQ bs , of Geva I
Corporation, a Fl rida corporation, on behalf of the corporation.
Notary Public
Print: w1 ( 6r-(Lc)
•
Commission No. ,An Oq 7,r3 0
Personally Known or Produced Identification
Type of Identification Produced Arc vAV--j 4
My commission expires: '--etdq
EL
MABEL CARDOSO
Co���MW j 2o08a
s, r mmlasion of DD 00?630
Bonded By National Ncflary Asap.
• 1ADebraMGeva IAGREEMENT.doc
•
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MAY-22-2002 WED 11 :41 AM WEISS SEROTA HELFMAN FAX NO. 954 764 7770 P. 02/07
CITY OF MANIA BEACH
MEMORANDUM
TO: Charlene Johnson
cc; Michael J. Sheridan, P.E., Public Works/Utilities Director
Aaron Weeks, Himes Associates, Ltd_
FROM: Tom Ansbro, City Attorney ,
DATE: May 22, 2002 C
RE: Proposed Temporary Sanitary Sewer Tri-Parry Agreement Among Cities of
Hollywood, Dania Beach and Geva I Corporation; Proposed Construction at I-
95 and Stirling Road
As I mentioned to you, the referenced Agreement has been reviewed and, per m
request, revisions have been made to address our Cit 's interests y
Y (i.e., payment of all city
Costs, "hold harmless" provisions). To save costs, you could prepare a standard Resolution
authorizing execution of the agreement. The Project contact person, Mr. Aaron Weeks of
Dimes Associates, Ltd. (telephone number (954) 564-3237) can be contacted if you have any
questions. I advised him today to deliver three (3) "clean copies" of the Agreement to you, to
include additional revisions I had proposed to him today, to which he agreed (one of which
will give the Public Works/Utilities Director the opportunity to consult with his counterpart in
Hollywood for decisions regarding "proper performance" under the agreement; see page 2,
paragraph 12).
I also confirmed with Connie Falzone yesterday that Public Works/Utilities (via Bud Palm) had
reviewed and approved my revisions to the Agreement. A copy of recent correspondence and
the latest "marked-up" copy of the agreement are attached for your reference (again, the final
version will be delivered to you by Mr. Weeks),
TJA:sIw
Attachments
MAY-22-2002 WED 11 :41 AM WEISS SEROTA HELFMAN FAX NO. 954 764 7770 P. 03/07
ay- �02 03:.37P. --- — --- -- --.. . . ---.
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facsimile transmiffal
13iane'Associates,LTD'
g4y19 Seabysa'a�easc Sttvggd.:Su�jite 210
Ft..hauder�dsle FL 33316 '' y l a� '1
1'h: 954.564.3237
fir 9541564,2977 .
Cell. 954.232,9084
RODg�.
To:Tom Ansbra 0:964.7 17770
From: Aaron"1MMaoks 05120 2
Re:Td-Party Agrosment,196&Stirling Road Pa ncludinq Cover}
Cc:
- , blassags:
Mr.Ansbro,
I am in recipt of your comments to the Tri-Party Agreement between Gainia Beach,Hollywood and
Gava 1. Unfortunatty,it appears as though you°did not receive the correction*wo.forwarded to `
Dainia Beach in March as the corrections you.ruquested have been incorporated into the document.
I would like.to point out that at this point a street address has not been assigned to the project,so
there Is not:one available to inclued In this agreement. The remaining changes you requested were
inserted occordingly.
Please review tho.document and forward it to the Dainia Beach City Commission for approval.
' T k-You,
Asron`�+Ileeks
Senior.Pr6 ct Manager
Fumes Associate
Hi=4 Asaoeintes,l Ad.,429 Seabreen Boulevard,Suite 2D0,Dart Leudardale,Florida 33316
F: 9S4.564.3237 V.- 954.564-2977