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HomeMy WebLinkAboutR-03-0943J-03-786 9/10/03 RESOLUTION NO. `� 3 9 4 J A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI- DADE COUNTY TO EXTEND WATER FACILITIES BY INSTALLING A 12 -INCH WATER MAIN FIRELINE EXTENSION ON CITY -OWNED PROPERTY ON WHICH THE MIAMI INTERNATIONAL WATERSPORTS CENTER SITE IS LOCATED, AS LEGALLY DESCRIBED IN THE AGREEMENT. WHEREAS, the City of Miami ("City") owns the land on which the Miami International Watersports Center is located; and WHEREAS, to provide adequate fire protection to said property it is imperative that water service be improved by the installation of a 12 -inch water main fireline extension; and WHEREAS, Miami -Dade County owns the water system serving the Miami International Watersports Center site; and WHEREAS, it is appropriate that the City and Miami -Dade County enter into an Agreement to set forth the terms and conditions for the provision of said water service; and SEP 1 1 2003 " WHEREAS, funding for the installation of the extension is available in Capital Improvements Program Project No. 333124; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized" to execute an Agreement, in substantially the attached form, with Miami -Dade County to extend water facilities by installing a 12 -inch water main fireline extension on City -owned property on which the Miami International Watersports Center Site is located, as legally described in the Agreement. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.21 1/ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable provisions of the City Charter and Code. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 ij 3" 94-3 PASSED AND ADOPTED this ATTEST: PRISCILLA A. THOMPSON CITY CLERK 11TH APPROV TO FORM AND CORRECTNESS CLk g-JAW&W—VILARELLO TY ATTORNEY W7501:tr:BSS Page 3 of 3 day of SEPTEMBER 2003. jp'r,�EL A. �DIAZ, MAY#'v r 93- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 AGREEMENT FOR WATER FACILITIES BETWEEN MIAMI-DADE COUNTY UNTIED CITY OF MIAMI This instrument prepared by: Clementine Sherman New Business Administrative Officer II Utilities Development Division Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 8/8/2003 �3- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 this THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, day of , 2003 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 and City of Miami, a municipal corporation, hereinafter designated as the "CITY", whose mailing address is: c/o Asset Management Division, 444 S.W. 2nd Avenue, Suite 325, Miami, Florida 33130. WITNESSETH: WHEREAS, the CITY desires water service to be rendered to property owned by the CITY, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter, designated as the "DEPARTMENT", operates the water system 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 19 J3- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 1. CITY'S PROPERTY. The CITY 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 "CITY'S property". The CITY has requested that the DEPARTMENT allow additional fire -flow protection to the CITY'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. PROVISION OF SERVICE AND CONNECTION CHARGES. The DEVELOPER intends to provide additional fire -flow protection to the DEVELOPER'S property, including on-site water facilities for existing development, which is not part of this Agreement. Therefore, this Agreement is not intended nor does it include any provision of service for the DEVELOPER'S property. 3. POINTS OF CONNECTION. The COUNTY owns and operates a twelve (12) inch water main located within the CITY'S property, from which the CITY shall connect and install a twelve (12) inch water main as required within an exclusive twelve (12) foot wide DEPARTMENT easement, interconnecting to the existing eight (8) inch water main in Aviation Avenue east of South Bayshore Drive. Other points of connection may be established subject to approval of the DEPARTMENT. 4. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost and expense shall cause to be designed, constructed and installed all of the necessary Page 3 of 19 x:13- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 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, firelines, service connections, service lines, shutoffs, meter boxes, air release valves and all appurtenances thereto for a complete installation. The final design and construction of the facilities shall meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" for water service; shall be in accordance with the latest revision of the DEPARTMENT'S "Design and Construction Standard Specifications and Details", and shall be subject to approval by the DEPARTMENT. 5. INSPECTION. The design and construction of facilities to be owned by the COUNTY shall conform to the COUNTY standards and regulations. The COUNTY shall have the right but not the obligation to make engineering inspections of all the construction work performed by the CITY under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for the quality and condition of materials and workmanship. 6. TESTS. During construction and at the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the CITY'S Page 4of19 ;J3- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 engineer and contractor, shall jointly be present to witness tests for determination of conformance with approved plans and specifications. The CITY shall notify the COUNTY a minimum of twenty-four (24) hours in advance of the tests. 7. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule construction meetings with the CITY'S representatives (Engineer, Project Manager, Construction Superintendent and others) at a place designated by the COUNTY with respect to project related matters upon twenty-four (24) hours notice. 8. APPROVALS AND PERMITS. The CITY shall be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies and all necessary permits for all facilities contemplated in this Agreement. 9. COUNTY AS PERMITTEE. Certain federal, state and county agencies, including but not limited to the State of Florida Department of Transportation, the South Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though the CITY'S contractor will actually perform the work. To insure that the COUNTY will incur no costs or liability as a result of being named permittee on such permits, the CITY shall provide sufficient security as acceptable to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions, judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to work performed by Page 5of19 j3- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 the CITY pursuant to such permits. The security shall be furnished prior to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate for the permit work. The CITY shall have sixty (60) days to resolve any claims by a permior. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the security. The CITY shall be liable for all costs in excess of the security. 10. WATER SERVICE LINES. Any water service lines two (2) inches in diameter or less that are required for the CITY'S property which will be directly connected to existing mains owned by the COUNTY, shall be installed by COUNTY personnel only. The CITY hereby agrees to pay to the COUNTY its standard water service line installation charge, permit fees and service fees prior to any such installation. 11. OWNERSHIP OF WATER METER. The COUNTY shall provide, own and install the required water meter at its own expense as a part of any water service installation. Ownership by the COUNTY shall terminate at the outlet side of each water meter. 12. TREATMENT AND TRANSMISSION CAPACITY. In addition to the covenants and conditions set forth herein, water service to be rendered by the COUNTY is subject to: a. available water by the COUNTY. Page 6of19 A-- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 However, in no event will the COUNTY be obligated to supply any more capacity in any one year than is called for by the building connection schedule attached hereto and made a part hereof as Exhibit "C". Any variation from said connection schedule which results in increased yearly demand on the water resources facility capacity of the COUNTY not specifically provided for in Exhibit "C" shall be subject to the written approval and consent of the DEPARTMENT and shall be dependent on the availability of the water resource and the various restrictions placed on the supply of water by local, state and federal government agencies and the physical limitations on the COUNTY'S supply and treatment capacity. If the CITY does not utilize the yearly amount of water facility allocation specified in Exhibit "C", said amount will be available to the CITY in the next calendar year subject to the limitations and provisions specified herein. 13. ALLOCATION OF CAPACITY. The COUNTY agrees to include the aforesaid allocation in its regional water supply. However, it is mutually agreed and understood by the COUNTY and the CITY that the allocation of capacity by the COUNTY does not guarantee the ability of the COUNTY to supply water for the CITY'S property. Capacity allocation is subject to local, state and federal agencies and other regulatory bodies having jurisdiction. In connection therewith, the CITY agrees that the COUNTY shall not be liable or in any way responsible for any costs, claims or losses incurred by the CITY as a result of actions by regulatory bodies, which are related to capacity allocation. Page 7 of 19 R;3- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 14. FACILITIES EASEMENTS. If the facilities contemplated herein or any portion thereof are installed within private property outside of public right-of-way, the facilities shall be installed in the center of a twelve (12) foot wide easement for water facilities, requiring a twenty-five (25) feet minimum vertical clearance above the finished grade. The DEPARTMENT shall have twenty-four (24) hour access to the easement for emergency purposes. If the facilities are not located in platted easements, then easements shall be granted to the COUNTY by the CITY prior to the COUNTY'S installation of a water meter service to the CITY'S property. 15. CONNECTION/FRONTAGE BY OTHERS. Parties other than the CITY who own property, other than the CITY'S property, which has frontage to any water main installed outside of the CITY'S property pursuant to this Agreement, may apply to the COUNTY for connections to said water main. If said parties actually connect and/or abut said facilities, the COUNTY will impose a construction connection charge equal to thirty dollars ($30.00) for the twelve (12) inch water main, multiplied by the front foot length of the connecting/abutting property which fronts and/or abuts the water main. The COUNTY will also impose construction connection charges on such other parties if said water main is required, in accordance with guidelines and criteria established by the DEPARTMENT, in order to provide adequate service for the fronting/abutting property. Said construction connection charges will not be required or collected from other parties for single-family residences occupied or under construction prior to the date of this Agreement. The COUNTY shall repay said construction connection charges to the CITY within ninety (90) Page 8 of 19 ala— 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 days of receipt of same. However, the COUNTY'S liability for repayment to the CITY shall be limited to those amounts actually collected from others. This provision shall remain in effect for a period of twelve (12) years from the date of the Absolute Bill of Sale for the water main facilities constructed by the CITY. Per annum simple interest as established and authorized by Section 687.01, Florida Statutes will accrue on all construction connection charges from the date of the Absolute Bill of Sale for the water main facilities constructed by the CITY to the date of payment by the connecting/abutting party. The interest rate used shall be the rate established by Section 687.01, Florida Statutes at the time of payment by the connecting/abutting party. It shall be the CITY'S responsibility to provide the COUNTY with current mailing addresses during the twelve (12) -year period. 16. CONVEYANCE OF TITLE. Conveyance of all easements shall be by separate instruments in recordable form as approved by the COUNTY and shall be accompanied by a written opinion of title by an attorney licensed to practice law in the State of Florida which states that the CITY is the owner of the property interest to be conveyed, subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY. The opinion shall also state that upon execution by the CITY, a valid and enforceable easement will be vested to the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. The details for all conveyances are specified hereinabove. Failure of the CITY to provide proper conveyances shall be cause for the COUNTY to refuse to render service to the CITY'S property. Page 9 of 19 3-- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 17. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents, which may include bills of sales, releases of liens and grants of easements for execution by the CITY. The properly executed documents shall be delivered to and accepted by the COUNTY prior to the rendition of water and/or sewer service by the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. These conveyances shall be accompanied, by copies of paid bills and/or lien waivers, releases, or satisfactions from all persons who performed work on CITY'S property and all persons who incorporate materials into the property, together with a breakdown of the actual cost of said facilities. Concurrently, the CITY shall furnish the COUNTY with one (1) set of mylar as -built drawings showing specific locations and depths among other things, of all facilities as located by a licensed surveyor, along with four (4) prints of the as -built drawings which have been sealed by a surveyor and certified by the engineer of record. Approval by the COUNTY of all required conveyance documents, drawings and survey specified herein shall constitute final acceptance by the COUNTY of said facilities. After final acceptance, the facilities shall remain at all times the sole, complete, and exclusive property of the COUNTY and under the exclusive control and operation of the COUNTY. 18. WARRANTY AND MAINTENANCE BOND. The CITY warrants that the water facilities to be owned by the COUNTY shall be free from defects in materials and workmanship for a period of one (1) year from final acceptance by the COUNTY. Page 10 of 19 "j3- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 Simultaneously with the conveyance of the water facilities, the CITY shall deliver to the COUNTY an executed maintenance bond, which guarantees the warranty. If it becomes necessary to repair and/or replace any of the facilities during the initial one (1) year period, then the warranty as to those items repaired and/or replaced shall continue to remain in effect for an additional period of one (1) year from the date of final acceptance by the COUNTY of those repairs and/or replacement. The bond shall be in the amount equal to the sum of those portions of the actual cost of construction of said facilities as follows: Types of Facilities Water mains Percentage of Actual Construction Cost 25 The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY and which is authorized to write bonds of such character and amount under the laws of the State of Florida. A surety company must have a Best's Key Rating Guide General Policyholder's Rating of "A" or better and a Financial Category of Class "V" or better or be acceptable to the COUNTY. The attorney-in-fact or other officer who signs a bond must file with such bonds a certified copy of his power-of-attorney authorizing him to do so. The Maintenance Bond may be written with the CITY'S contractor as "Principal" and the CITY and the COUNTY as "Co -obligees" or the COUNTY as sole "Obligee". In the alternative, the CITY may be named as "Principal" and the COUNTY as "Obligee". The Maintenance Bond shall remain in force for one (1) year following the date of final acceptance by the COUNTY of the work done pursuant to this Agreement to protect the COUNTY against losses resulting from any and all defects in materials or improper performance of work. If there is no building construction underway within the CITY'S Page 11 of 19 93— 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 property at the time of conveyance, the COUNTY shall have the right to require that the term of the Maintenance Bond be extended for a period not to exceed an additional two (2) years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such defects which are discovered within the warranty period or periods as set forth above, failing which the COUNTY shall make such repairs and/or replacements of defective work and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all costs arising therefrom. The CITY also warrants that it shall be solely responsible for the repair of any damages to said facilities caused by persons in its employment. 19. TERMS OF AGREEMENT. Both the CITY and the COUNTY recognize that time is of the essence and that this Agreement shall be deemed null and void and unenforceable if the CITY fails to comply with any of the following conditions, where applicable: a. After execution of this Agreement, work on the CITY'S property shall commence within one hundred eighty (180) days from the execution date. Work shall be considered to have commenced when a full complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the construction of the water facilities throughout the day on each full working day, weather permitting, b. Once the CITY commences construction on the CITY'S property, building construction cannot be suspended, abandoned, or not in active progress for a period exceeding one hundred eighty (180) days. Page 12 of 19 ��3- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 20. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners principals, contractors and/or subcontractors. The CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers, employees, agents and instrumentalities as herein provided. 21. FORCE MAJEURE. Should either party be prevented from performing any obligations herein, including but not limited to water service, due to or resulting from a force majeure or inevitable accident or occurrence, such party shall be excused from performance. As used herein, force majeure shall mean an act of God which includes but is not limited to sudden, unexpected or extraordinary forces of nature such as floods, Page 13 of 19 93- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by the either party and shall include but not be limited to strikes, lockouts, other industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots, federal, state, county and local governmental restraints and restrictions, military action, civil disturbances, explosions, conditions in federal, state, county and local permits, bid protests, manufacturing and delivery delays, unknown or unanticipated soil, water or ground conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 22. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the prevailing service charges for water supply and fire protection within the CITY'S property as may be applicable until the responsibility for payment of said charges is properly transferred in accordance with the COUNTY'S regulations. 23. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full use of the water facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 24. OPINION OF TITLE. With the execution of this Agreement, the CITY at its own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S property, issued by a qualified attorney, licensed to practice law in the State of Florida, which states that the CITY owns fee simple title to the property referred to herein. Page 14 of 19 03- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 25. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests must be performed. It is the responsibility of the CITY to comply with all such requirements and to obtain all necessary approvals. In addition, the use of floating meters for construction purposes is subject to State of Florida requirements and approval by the COUNTY. The CITY may request approval for the use of floating meters prior to actual conveyance of title to the facilities to the COUNTY. However, the COUNTY may be required to execute documents to the Miami -Dade County Department of Environmental Resources Management or State of Florida Department of Health, which state that the COUNTY has accepted title to the facilities. If the COUNTY is required to execute such documents, the CITY agrees to indemnify and hold the COUNTY harmless from and against all claims, actions, judgments, damages, loss, cost and expense including reasonable attorney's fees which may be incurred by the COUNTY in connection with the rendition of water service through the facilities constructed and installed by the CITY prior to conveyance of title to the COUNTY, including but not limited to those which result from failure to properly maintain and repair the water facilities. 26. ASSIGNMENT OF AGREEMENT. No right to any water supply service commitment provided for in this Agreement shall be transferred, assigned or otherwise conveyed to any other party without the express written consent of the Director of the DEPARTMENT or his designee except as noted below. The consent of the Page 15 of 19 1 j— 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 DEPARTMENT shall not be required in connection with the sale, lease or other conveyance of property or any residential units or commercial establishments to any party who will be the ultimate user of the property, including but not limited to a bona fide purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent of the DEPARTMENT for assignments or transfers of any water capacity allocation to any party who holds such property as an investment for resale or who intends to develop for sale a portion of the CITY'S property, so that the COUNTY can adequately determine the demand for water capacity and plan for the fair and equitable allocation of water capacity among the residents of Miami -Dade County. Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the CITY'S property is transferred or conveyed, the CITY shall remain liable to the COUNTY for all sums of money and all obligations due hereunder unless released in writing by the COUNTY. 27. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements and representations, whether oral or written, between the CITY and the COUNTY and made with respect to the matters contained herein and when duly executed constitutes the complete Agreement between the CITY and the COUNTY. 28. NOTICE. All notices given pursuant to this Agreement shall be mailed by United States Postal Service registered or certified mail to the parties at the addresses specified on page two (2) of this Agreement or addresses otherwise properly furnished. Page 16 of 19 �:l3- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 29. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records of Miami -Dade County, Florida, for the particular purpose of placing all owners and occupants, their successors and assigns, upon notice of the provisions herein contained. The CITY shall pay all recording fees. Page 17 of 19 !3- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials as of the day and year above written. WITNESSETH: signature print name signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE By: MIAMI-DADE COUNTY Tomas R. Goicouria Utilities Development Division Miami -Dade Water and Sewer Department The foregoing instrument was acknowledged before me this day of 2003, by Tomas R. Goicouria, Chief, Utilities Development Division of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public Page 18 of 19 J3- 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 WITNESSETH: CITY OF MIAMI, A MUNICIPAL CORPORATION signature By: (SEAL) print name print name signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2003, by , who is personally known to me or and has/hasn't produced as identification and did/did not take an oath. Notary Public Serial Number print name Approved for Sufficiency of Execution Only: Assistant County Attorney Page 19 of 19 �J3— 943 INTERNATIONAL WATERSPORTS CENTER, ID# 18441 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI TRACT #1 -� 'A TRACT OF LAND LYING AND BEING -IN THE OiTY OF MIAMI, COUNTY OF MIAMI—DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SOUTH BAYSHORE DRIVE WITH THE SOUTHWESTERLY LINE OF AVIATION AVE. (FORMERLY TRADE STREET) AS SHOWN ON THE PLAT OF DINNER KEY RECORDED IN PLAT BOOK 34 AT PAGE 2 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, .WHICH INTERSECTION AND POINT OF BEGINNING IS MARKED BY A BRASS PIN MONUMENT SET IN CONCRETE; THENCE RUNNING SOUTH 51'52'03" WEST ALONG THE SAID SOUTHEASTERLY LINE OF SOUTH BAYSHORE DRIVE A DISTANCE OF 675.00' MORE OR LESS TO A .POINT MARKED BY A NAIL IN A ONE INCH DIAMETER PIPE SET IN CONCRETE; THENCE RUNNING SOUTH 76'25.'57" EAST, A DISTANCE OF 599.16' MORE OR ' LESS MARKED BY A CROSS CUT ON A BRASS PIN SET IN THE TOP OF THE STEEL PILE BULKHEAD ON THE HIGH WATER LINE OF BISCAYNE BAY; THENCE RUNNING NORTH 13'23'23" EAST ALONG THE ABOVE DESCRIBED STEEL PILE BULKHEAD AND HIGH WATER LINE OF BISCAYNE BAY A DISTANCE OF 399.472 FEET MORE OR LESS TO A POINT LOCATED IN THE SOUTHWESTERLY LINE OF AVIATION AVENUE (FORMERLY TRADE STREET), THENCE RUNNING NORTH 40'2842" WEST FOR A DISTANCE OF 221.85 FEET MORE OR LESS TO A POINT OF BEGINNING HEREIN BEFORE DESCRIBED AND CONTAINING APPROXIMATELY 4.464 ACRES MORE OR LESS, ALL AS SHOWN ON U.S. COAST GUARD MIAMI AIR STATION PLOT PLAN NUMBER 3284, INCLUDING ALL RIGHTS, TITLE AND INTEREST IN AND TO ALL COMMON LAW AND STATUTORY RIPARIAN RIGHTS, WATER PRIVILEGES AND FILLED L4NC , N"71 LANDS BELOW HIGH WATER LINE APPURTENANT AND ADJACENT THERETO; SUBJECT TO THE NORTHWESTERLY 44 FEET THEREOF DEEDED TO THE CITY OF MIAMI FOR ROAD RIGHT—OF—WAY PURPOSES AS RECORDED IN DEED BOOK 34 AT PAGE 2. SUBJECT TO THE EASEMENT DEED FROM THE UNITED STATES OF AMERICA TO THE CITY OF MIAMI, DATED MAY 11, 1956 FOR A 44.00 FEET RIGHT OF WAY EASEMENT FOR ROAD RIGHT OF WAY PURPOSES AS RECORDED IN DEED BOOK 34 AT PAGE 2 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. "A"1of1 Ma3-- 943 CITY OF MIAMI MIAMI-DADE COUNTY / SEC. 22-54-41 N.W. CORNER Li a n 40 DINNER KEY 0.511A PORTION OF THE N.W. 1/4, SEC. 22, TWP. 54 S., RGE. 41 E. N o yS� 41 0Q P� P �O EXHIBIT "A"-1 LOCATION SKETCH FOR: INTERNATIONAL WATERSPORTS CENTER ID # 18441 DRAWN: H.B. CHECKED: SCALE: 1 "=300' DATE: 8`703 MIAMI - DADE WATER AND SEWER DEPARTMENT CITY OF MIAMI, FLORIDA CA=26 INTER -OFFICE MEMORANDUM TO: he Honora a Mayor & mbers DATE: FILE: the City o fission ��'= - 2 '' SUBJECT: Resolution Authorizing C&,Agreement Extending Water Facilities - Miami o Arriola, City Manager International Watersports FROM: REFERENCES: Center Project — B3270A ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing and directing the City Manager to execute an agreement between the City of Miami and Miami -Dade County for the extension of the water facilities at the Miami International Watersports Center site in the City of Miami. BACKGROUND It is necessary to provide adequate fire protection service to the floating docks at the International Watersports Center site. Therefore, the water service must be improved by the installation of a 12 -inch water main fire line extension and components along the southeast side of the Watersports Center. The City of Miami Fire -Rescue Department recommends enhanced fire protection for the City owned land. Funding for the installation of the 12 -inch water main fire line extension is being provided by the City of Miami and the Safe Neighborhood Parks Bond Program under CIP Project #333124. Since Miami -Dade County owns the water system operated by the Miami -Dade Water and Sewer Department, which serves the City of Miami, it is necessary to enter into an agreement with the County designating and setting forth the terms and conditions for providing water service for fire protection to the City owned Miami International Watersports Center site. FISCAL IMPACT NONE JA:JC:AIP:bd <::5:111' 03— 943