Reso 2014-2233 - Laserfiche WebLink

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AGREEMENT THIS AGREEMENT, entered into this day of , 2014, by and between CITY OF SUNNY ISLES BEACH, a corporation organized under the laws of the State of Florida, hereinafter referred to as "OWNER ", and the CITY OF NORTH MIAMI BEACH, a municipal corporation, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, the CITY OF SUNNY ISLES BEACH is the owner of that certain parcel of real property legally described in Exhibit "A" attached hereto and has entered into that certain design -build agreement with 4M INVESTORS, LLC (hereinafter referred to as "DEVELOPER ") under Resolution 2011 -1735 as amended, to construct a 4 -STORY PARKING GARAGE WITH A 15,532 SQUARE FOOT BANQUET HALL PLUS PARK AND PERFORMANCE STAGE WITH 460 VISITOR CAPACITY AT 151 SUNNY ISLES BOULEVARD, hereinafter referred to as "the Building," ; and WHEREAS, the CITY owns and operates a public water system in Miami -Dade County, Florida and desires to provide fire flow service to OWNER under the terms and conditions of this Agreement; and WHEREAS, as a condition precedent to DEVELOPER, Assignees, and Successors in interest obtaining a building permit for the Building, DEVELOPER must evidence reasonable assurances to Metropolitan Miami -Dade County that an adequate water supply for fire suppression will be available for the Building site in accordance with Section 2- 103 -21 of the Metropolitan Miami -Dade County Code, which defines an adequate water supply for fire suppression as "the utility system being capable of delivering not less than 3,000 GPM at 20 psi residual, with each fire hydrant being able to deliver not less than 1,000 GPM "; and WHEREAS, DEVELOPER agrees to install 825 L/F OF 12" C -900 WATER MAIN, 7 L/F OF 8" C -900 WATER MAIN AND MISCELLANEOUS PARTS & ASSEMBLIES AT 151 SUNNY ISLES BOULEVARD, hereafter referred to as the "Improvement "; and hereafter, the Building and Improvement are collectively referred to as "the Project "; and WHEREAS, this proposed Improvement is as indicated on plans submitted by DEVELOTEC, INC. and as approved by the CITY OF NORTH MIAMI BEACH PUBLIC SERVICES DEPARTMENT ( "Public Services Department ") on FEBRUARY 21, 2014; and WHEREAS, the CITY is willing to cooperate with DEVELOPER and permit DEVELOPER, to the extent the CITY has authority to do so, to construct the Improvement, provided this shall be done at the sole cost and expense of DEVELOPER without financial contribution from the CITY of any nature whatsoever; and Page 1 of 7