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HomeMy WebLinkAboutSEOPW-CRA-R-01-0141SEOPW/CRA ITEM 9 SEOPW/CRA 01- 141 RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE AN AMOUNT NOT TO EXCEED $73,290.15 TO MIAMI-DADE WATER AND SEWER AUTHORITY ("WASA") FOR PAYMENT OF IMPACT FEES FOR A RECIPIENT OF A GRANT FROM CRA'S COMMERCIAL REVITALIZATION SUPPLEMENTAL GRANT PROGRAM. WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects in the CRA Redevelopment Area established pursuant to the CRA Redevelopment Plan; and WHEREAS, on May 21, 2001, SEOPW Resolution No. 01-41 provided for the payment of WASA impact fees for three recipients of grant awards from the CRA's Commercial Revitalization Grant Program; and WHEREAS, Jackson Soul Food Restaurant, a grant recipient, has entered into an agreement with WASA for water and sewer connection fees pertaining to the renovation and expansion of its building; and SE®PWICRK 01- 141 WHEREAS, the CRA desires to provide assistance and request that the City Commission for the City of Miami encourage WASA to provide incentives in addition to the reduction of fees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The Executive Director is authorized to disburse an amount not to exceed $73,290.15 to WASA for water and sewer connection fees on behalf of Jackson Soul Food. Section 3 adoption. The Resolution shall be effective upon its PASSED AND ADOPTED on this llth day of December, 2001. ATTEST: WALTER J. FOEMAN ACTING CITY CLE APPROVED AS ALEJ CITI A LLO ARTHUR E. TEELE, JR., CHAIRMAN AND CORRECTNESS: Page 2 of 2 SE®PW/CR of- 141 ITEM 9 December 11, 2001 RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE TO DISBURSE AN AMOUNT NOT TO EXCEED $73,290.15 PURSUANT TO SEOPW RESOLUTION NO. 01-41 IN THE PROVISION OF ASSISTANCE TO THREE BUSINESS THAT WERE RECIPIENTS OF THE CRA'S COMMERCIAL REVITALIZATION SUPPLEMENTAL GRANT PROGRAM. WHEREAS, the CRA is responsible for carrying out redevelopment activities and projects in the Southeast Overtown/Park West Community Redevelopment Area established pursuant to the CRA Redevelopment Plan; and WHEREAS, on May 21", 2001, SEOPW Resolution No. 01-41 provided for the payment of WASA impact fee to three businesses who are recipients of the grant awards from the CRA's Commercial Revitalization Grant Program; and WHEREAS, Jackson Soul Food Restaurant has entered into an agreement with WASA for water and sewer connection fees as it relates to the building renovation and expansion (pertinent pages attach); and WHEREAS, said fees are within $100,000 approved amount in Resolution No. 01-41. NOW, THEREFORE, BE If RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN PARKWEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: ' Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The Executive Director is authorized to disburse amounts up to $73,290.15 on behalf of Jackson Soul Food to WASA for water and sewer connection fees. Section 3. This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this l lth day of December, 2001. Arthur E. Teele, Jr., Chairman 0 SEOPW / CRA 01- 141 pq Walter J. Foeman City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney 04 0 ITEM 9 December 11, 2001 SEOPW / CRA 0 i - I11. 2 Chairman Teele and Members of the CRA Board FROM: Annette E. Lewis Acting Executive Director RECOMMENDATION CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ITEM 9 DATE: December 11, 2001 FILE: SUBJECT: Authorizing the disbursement of WASA water & sewer connection REFERENCES fees pursuant to SEOPW Resolution No. 01-41 ENCLOSURES: Resolution and Attachments It is recommended that the Board of Directors of the Southeast Overtown/Park West Community Redevelopment Agency of the City of Miami ("CRA") approve the attached Resolution authorizing the disbursement of impact fees to WASA on behalf Jackson Soul Food Restaurant, grant award recipient, in an amount not to exceed $73,290.15 BACKGROUND Resolution No. 00-74 adopted on June 29, 2000 established the CRA's Commercial Revitalization Grant Program. Three businesses within the 3Td Avenue Business Corridor were granted funding. Resolution No. 01-41 adopted on May 21, 2001, provided additional assistance relating to impact fees levied by Miami Dade Water and Sewer Authority (WASA). The established dollar limit was that of $,J00,000.00 Funding Source: SEOPW General Operating Fund Account Number: 689004.550011.6.340 0 SEOPW /CRA ATTACHMENT SEOPW / CRA 0 - 141 M W, City of Miami Community Redevelopment Agency To: Annette Lewis, Acting Executive Director From: Regina Romero, Project Designer D, CC: Project File Date: October 23, 2001 Re: Water and Sewer Connection Concerning the agreement for water and sanitary sewer facilities between Miami -Dade County, JEJ Properties, Inc. (Jackson Soul Food) and they involving us on the agreement, I went to Miami -Dade Water and Sewer Department to speak with Clementine Sherman. Apparently, there has been a mistake made on the agreement. There was no reason why we should have been on the agreement. Therefore, she drew up three more agreements and a new opinion of title to be signed and notarized by her and her attorney. Apparently, Joseph Hall of Civil Cadd had been their contact person and misinformation was given and now the agreement is updated. The connections are for water only —no construction or impact fees ar�' involved as yet. The time on the agreement is thirty days. The total connection fee is $73,290.15 for an amount of 204 seats (full service restaurant). J The agreement not has the proper name of it, JEJ Properties, Inc. that does not have SEOPW as one of the developers, as it originally noted. SEOPW / CRA Q1-- 14 M F 24 Calculator ESS SECTION Water and Sewer Department GPD:',_::. _ ati5 GPD Credit: 'rr Total GPD: ix WCC Rate:1 9 SCC Rate: $58,716.00 Total Connection Charge: $73,290.15 Tuesday, October 23, 2001 2:26:07 PM SF OPW / CR.A ® - 141 .law JACKSON SOUL FOOD, ID# 17555 AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES BETWEEN MIAMI-DADE COUNTY JEJ PROPERTIES, INC. �J This instrument prepared by: Clementine Sherman Administrative Officer II --Utilities Development Division Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 SEOPW/CRA Of- 141 M JACKSON SOUL FOOD, ID# 17555 THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, this day of , 2001 by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY", whose mailing address is: c/o Miami -Dade Water and Sewer Department, 3575 S. LeJeune Road, Miami, Florida 33146-2221, JEJ Properties, Inc., a Florida Corporation, whose mailing address is: 950 NW 3 Avenue, Miami, Florida, hereinafter collectively designated as the "DEVELOPER". WITNESSETH: WHEREAS, the DEVELOPER desires water and sewer service to be rendered to - property owned by the DEVELOPER, and i- _ WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter, designated as the "DEPARTMENT", operates the water and sewage systems owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: Page 2 of 22 JACKSON SOUL FOOD, ID# 17555 1. DEVELOPER'S PROPERTY. The DEVELOPER owns a certain tract of land in Miami -Dade County, Florida, which is legally described in Exhibit "A" attached hereto and made a part hereof, hereinafter, sometimes described as the "DEVELOPER'S property". The DEVELOPER has requested that the DEPARTMENT render water and sewer service to the DEVELOPER'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. DEVELOPER ACKNOWLEDGMENT. The DEVELOPER hereby acknowledges and agrees that any right to connect the DEVELOPER'S property to the COUNTY'S sewer system is subject to the terms, covenants and conditions set forth in the Settlement Agreement between the Florida Department of Environmental Protection, hereinafter, designated as the "DEP", and the COUNTY dated July 27, 1993, the First TI Amendment to Settlement Agreement between DEP and the COUNTY dated December 44 21, 1995, the First Partial Consent Decree and the Second and Final Partial Consent Decree United States of America Environmental Protection Agency vs. Metropolitan Dade County (Case Number 93-1109 CIV-Moreno), as currently in effector as amended or modified in future agreements and all other current, subsequent or future agreements, court orders, judgments, consent orders, consent decrees and the like entered into between the COUNTY and the United States, State of Florida and/or any other governmental entity, and all other current, subsequent or future enforcement and regulatory actions and proceedings. 0 SEOPW / CRA Page 3 of 22 _. -_ JACKSON SOUL FOOD, ID# 17555 3. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY will provide an adequate domestic water supply for the DEVELOPER'S property and will receive and dispose of sanitary sewage from the DEVELOPER'S property. The DEVELOPER shall pay water and sewer connection charges for all those units to be constructed on the DEVELOPER'S property. The connection charges are based on the average daily gallons for the various building units and/or use as shown on Exhibit "B" attached hereto and made a part hereof, multiplied by the applicable rates established by the COUNTY. The DEVELOPER intends to construct one -hundred (100) seat full service restaurant and nineteen (19) bar stools. Therefore, the agreed total average daily gallonage is ten thousand four hundred eighty-five (10,485) gallons, resulting in combined b- water and sewer connection charges in the amount of seventy-three thousand two hundred ninety dollars and fifteen cents ($73,290.15). Water and sewer connection charges shall I- ,_ be calculated at the rates in effect at the time of actual connection to the COUNTY'S water and sewer systems and shall be paid by the DEVELOPER prior to the DEPARTMENT'S installation of a water meter and/or the rendition of sewer service to the DEVELOPER'S property. The DEPARTMENT'S current connection charge rates are one dollar and thirty- nine cents ($1.39) and five dollars and sixty cents ($5.60) per gallon per day for water and sewer, respectively. The water and sewer connection charge rates are subject to revision at any time. 4. OTHER USES ON THE PROPERTY. If the DEVELOPER intends to �..- construct building units and/or uses on the DEVELOPER'S property for which the total Page 4 of 22 JACKSON SOUL FOOD, ID# 17555 .y average daily gallonage as calculated by using Exhibit "B" attached hereto will increase the total average daily gallonage specified hereinabove, additional capacity will be required. Therefore, connection charges, computed at prevailing rates; capacity allocation, if available, and construction connection charges, if any, shall be increased accordingly by an addendum to this Agreement. If applicable, the DEVELOPER shall provide the COUNTY a list of all tenants prior to the installation of any domestic water meters by the COUNTY for the DEVELOPER'S property. 5. POINTS OF CONNECTION. The COUNTY owns and operates a twelve (12) inch water main located in N.W. 3rd Avenue and N.W. 10th Street from which the DEVELOPER shall install and connect a twelve (12) inch water main in N.W. 10th Street westerly to the southwest corner of the DEVELOPER'S property. Any proposed extension within the DEVELOPER'S property shall be twelve (12) inches minimum with two (2) points of connection. The COUNTY also owns and operates eight (8) inch gravity sewer mains abutting the north and eastern boundaries, respectively, of the DEVELOPER'S property, from which the DEVELOPER can connect the DEVELOPER'S property. Other points of connection may be established subject to approval of the DEPARTMENT. 6. DESIGN AND CONSTRUCTION OF FACILITIES. The DEVELOPER at its own cost and expense shall cause to be designed, constructed and installed all of the necessary water and/or sewer facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and all water mains, valves, fittings, fire hydrants, Page 5 of 22 SEOPW/CRA 0 1 - 14 JACKSON SOUL FOOD, ID# 17555 ATTEST: JEJ PROPERTIES, INC., A FLORIDA CORPORATION By: (SEAL) By: (SEAL) Secretary_ �`�� President print name print nam STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was 6 owledged bef re me this / 9 ' ` day of 2001 b� as President and , as Secretary, of JEJ Properties, Inc., a Florida Corporation, on behalf of the Corporation. He he hey is/are personally known to me or as _asn't/have/haven't produced as identification and dioldid not take an oath. ,_ �— Notary Public print name x9m SAU SIIALDASVIMION �I DD Go"A+A� 14, VS" & 8ardr� 1r= M 1Z�o�T779 Serial Number Page 22 of 22 SEOPW / CRA (yI- 1