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HomeMy WebLinkAboutR-02-1157J-02-905 10/17/02 RESOLUTION NO. 02-1157 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHEMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI- DADE COUNTY WATER AND SEWER DEPARTMENT, FOR THE PROJECT ENTITLED "RENOVATIONS AND REPAIRS PROJECT #B3282, ID #17967," TO IMPROVE AND UPGRADE THE WATER AND SEWER SYSTEM AT VIRIGINA KEY BEACH PARK. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is authorized" to execute an agreement, in substantially the attached form, with Miami -Dade County for the project entitled "Renovations and Repairs Project #B3282, ID 417967, to improve and upgrade the water and sewer system at the Historic Virginia Key Beach Park. 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 City Charter and Code provisions. InTrAcMMVIT (s)l caNanohED CITY CIDI% IS' MEETING 6F 0 CT 2 g 2002 Resoinrion Dio. 0 Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.zf PASSED AND ADOPTED this 29th ATTEST: R�A A^*, r PRISCILLA A. THOMPSON CITY CLERK APP&t ED /S TO FORM AND CORRECTNESS WJANOR-@-- fI LARELLO ITY ATTORNEY W6640:tr:AS:BSS day of October 2002. 014 MANUEL A. DIAZ, MA 2/ 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 2 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 AGREEMENT •� WATER AND SANITARY SEWAGE FACILITIES BETWEEN MIAMI-DADE COUNTY F e 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 6nr"oa 02--1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, this day of , 2002 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 Florida Municipal corporation, hereinafter designated as the "CITY", whose mailing address is: 444 S.W. 2nd Avenue, 8th Floor , MIAMI, FL, 33130-. WITNESSETH: WHEREAS, the CITY desires water and sewer 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 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 0 2 -115 7 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 1T96T 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 render water and sewer service to the CITY'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees that any right to connect the CITY'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 Amendment to Settlement Agreement between DEP and the COUNTY dated December 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 effect or 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. Page 3 of 22 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 3. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY will provide an adequate domestic water supply for the CITY'S property and will receive and dispose of sanitary sewage from the CITY'S property. The CITY shall pay water and sewer connection charges for all those units to be constructed on the CITY'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 CITY intends to connect two (2) existing bath houses with a total square footage of three thousand five hundred fifty-eight (3,558) square feet and an existing three thousand five hundred eighty- six (3,586) square foot concession building to the COUNTY'S water and sewer systems. Therefore, the agreed total average daily gallonage is three thousand thirty-eight (3,038) gallons, resulting in combined water and sewer connection charges in the amount of twehty-one thousand two hundred thirty-seven dollars and seventy-two cents ($21,237.72). However, water and sewer connection charges shall 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 CITY prior to the DEPARTMENT'S installation of a water meter and/or the rendition of sewer service to the CITY'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. Page 4 of 22 02-1157 2-115"7 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 4. OTHER USES ON THE PROPERTY. If the CITY intends to construct building units and/or uses on the CITY'S property for which the total average daily gallonage as calculated by using Exhibit "B" attached hereto will increase the total average daily gallonage specked 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 CITY shall provide the COUNTY a list of all tenants prior to the installation of any domestic water meters by the COUNTY for the CITY'S property. 5. POINTS OF CONNECTION. The COUNTY owns and operates a twenty (20) inch water main located in Sewage Treatment Plant Road abutting the northern boundary of the CITY'S property, from which the CITY shall connect the CITY'S property. Any proposed water main extensions within the CITY'S property shall be twelve (12) inches minimum in diAmeter with two (2) points of connection. The COUNTY also owns and operates a twenty-four (24) inch sewer force main located in Sewer Treatment Plant Road abutting the northern boundary of the CITY'S property, from which the CITY shall install and connect an eight (8) inch sewer force main directly into the CITY'S property, where the CITY shall install a private sewage pumping station to serve the DEVELOPER'S property and eight (8) inch private gravity sewer facilities, provided that there is sufficient depth and that there are no obstacles which would preclude construction of the sewer. These matters Page 5 of 22 o2-115 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 b shall be addressed and resolved by the CITY'S engineer. 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, firelines, service connections, service lines, shutoffs, meter boxes, air release valves, private sewage pumping station, sewer force mains, private gravity sewer system, 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 and/or sewer 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. 7. 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 Page 6 of 22 02-1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 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. 8. 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 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. 9. 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. 10. 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. 11. 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 Page 7 of 22 0-1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though the CITY'S contractorwill 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 the CITY pursuant to such permits. The security shall be fumished 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 permittor. 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. 12. * 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. 13. 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. Page 8 of 22 0 2 — i 15 7 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 14. TREATMENT AND TRANSMISSION CAPACITY. In addition to the covenants and conditions set forth herein, water and sewer service to be rendered by the COUNTY is subject to the following: a. issuance of a valid operation permit by the State of Florida for the COUNTY'S sewage treatment facility serving the CITY'S property which allows additional connections, b. sufficient available capacity in the COUNTY'S sewage system and connection approval, as specified in paragraph two (2) herein, C. available water by the COUNTY. However, in no event will the COUNTY be obligated to supply any more water or sewage treatment 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 or sewage treatrpent 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 or the disposal of sewage 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 or sewage treatment 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. Page 9 of 22 OLD VIW31NIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 15. ALLOCATION OF CAPACITY. The COUNTY agrees to include the aforesaid allocation in its regional water supply, production and transmission facilities and regional sanitary sewer system, once the CITY is granted necessary sewer allocation, as specified in paragraph two (2) hereinabove. 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 or the ability to receive and dispose of sewage originating from 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. 16. 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 and fifteen (15) foot wide easement for sewer facilities. Both require 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 and/or the rendition of sewer, service to the CITY'S property. Page 10 of 22 02-115"7 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 17. 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. 18. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water and/or sewer 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 Page 11 of 22 0 2 - I i 5 '� OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 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. 19. WARRANTY AND MAINTENANCE FOND. The CITY warrants that the water and sewer 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. Simultaneously with the conveyance of the water and/or sewer 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 Percentage of Actual Construction Cost Water mains and 25 Sewer force mains Page 12 of 72 02--1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 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 "W or better or be acceptable to the COUNTY. The attomey-in-fact or other officer who signs a bond must file with such bonds a certified copy of his power-of-attomey 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 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. Page 13 of 22 02--1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 20. 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 and/or sewer 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. 21. 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 Page 14 of 72 02_1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 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, judgements, 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. 22. FORCE MAJEURE. Should either party be prevented from performing any obligations herein, including but not limited to water and/or sewer 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, 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. Page 15 of 22 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 23. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the prevailing service charges for water supply and fire protection, sewage collection and disposal 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. 24. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full use of the water and/or sewer facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 25. 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. 26. PRIVATE SEWAGE FACILITIES. The CITY shall bear the full expense of all private sewage fadnities including plumbing. Said facilities shall be owned, operated and maintained by the CITY, its successors, and/or assigns. Private sewage facilities are hereby defined, as all facilities not located within dedicated rights-of-way or COUNTY owned easement areas. The CITY agrees that it shall disconnect its private sewage pumping station and sewer force main and connect to the COUNTY'S future gravity sewer main when such main is located in a right-of-way or Page 16 of 22 02-1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 easement adjoining the CITY'S property and is available for connection. The cost of this work shall be bome solely by the CITY. Further, the CITY agrees that it shall pay its proportionate share of the cost of the construction of the future sanitary sewer collection , system abutting the property herein described. As a condition of the COUNTY'S allowance of a private sewage pumping station/on-site sewage collection system, the CITY agrees to execute a unity of title and a covenant in a form approved by the COUNTY. The executed documents shall be delivered to the COUNTY with the execution of this Agreement. 27. MAINTENANCE OF PRIVATE SEWAGE FACILITIES. The CITY further agrees that it shall operate and maintain all private sewage facilities in an efficient manner and in complete compatibility with the COUNTY'S system. The CITY agrees to make, at its sole expense, any changes or additions to its private sewage facilities, which, from time -to - time, may be required in order to be compatible with the COUNTY'S system. Failure by the CITY to implement the changes or additions shall be cause for the termination of water and sewer service by the COUNTY. Pressures in the COUNTY'S sanitary sewer force mains may be subject to wide fluctuations due to conditions such as excessive rainfall resulting in flooding, other natural causes or temporary facility failure. COUNTY sewer force main pressures are normally in the range of ten (10) to thirty (30) pounds per square inch (psi). However, abnormal conditions with system pressures as high as seventy-five (75) psi are occasionally possible. It is the CITY'S sole responsibility to obtain information on current and future system conditions prior to final design of the CITY'S sewage facilities. Safety or standby measures should be designed in the private sewage pumping facilities Page 17 of 22 �. OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 to offset any extraordinary changes to the normal pressure range. In addition, it is advisable for sewer force main materials to conform to COUNTY standards. The COUNTY will operate its systems in a conscientious manner, but the COUNTY shall not be responsible for damages or interruptions caused by abnormal pressures or pressure surges. 28. 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, judgements, 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. Page 98 of 22 02-1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 29. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage disposal 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 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 and sewage disposal capacity allocation to any party who holds such property as an investment for resale orwho intends to develop for sale a portion of the CITY'S property, so that the COUNTY can adequately determine the demand for water and sewage disposal capacity and plan for the fair and equitable allocation of water and sewage disposal 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. 30. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements and representations, whether oral or written, between the CITY and the Page 19 of 22 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 COUNTY and made with respect to the matters contained herein and when duly executed constitutes the complete Agreement between the CITY and the COUNTY. 31. 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. 32. 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 20 of 22 02_1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 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 , 2002, 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 21 of 22 02-1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 WITNESSETH: CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION signature By: print name signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE print name (SEAL) The foregoing instrument was acknowledged before me this day of , 2002, by OR CITY'S Representative, 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: Assistant4gouQj3LAttorney Page 22 of 22 02-1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI LEGAL DESCRIPTION -6 P81r08 82R Ir ...- __. 'w 11434 234 EXMrr "A" COUN=TY DEED T?Ii3 DEM, made this -�=i'` day of A.D. , 193%-, tiE•t:.e.n DIVE CONY, a political subdi:*icion of the Statc of oric'•a, party of the first part, an;? CITY OF MIAZI1, a r..unicipal Lion, party of the second part, i".T1.Ianirr1: TEAT the said party of the fi.rat part, for and in consideration of the sun of•One Dollar (x1.00) and other Cood an.' valuable consideration to it in hand paid by the party of ^art, rccciptt.3rcof is herouy ackmowie<< ?d, ha ,,rantcd; bergaine:3 and suld to the said party of the secons' part, 1t:;. succ'.-.'sso^s and assigns forever all right, title, interest and ves.,!_.acj _avai.red by Dale County in ane to tte fcllo::-in.- land s ituat e, _y:i.no and b=ing in Dade County, Flavida: 1. r. __'cep of land on Virginia Key, in Biscayne Bay, Dade County, Florida, a potion of Sections 16, 17, 20 and 21 of Town- :c��.5ut , lunge 42 East, Dade County, Florida and being more = -: t icula^ sy described as follot:s : _:=an c: at the print of intersection -of the ca terline of I:.ckanback-er Cause -::ay t:ith the South line of said Section 17, said vci:lt of intersection being 26119.97 feet A. 89056' 45" vt of the r:0*"!1e?:,t corner of said Section 17, as measured along .thm South o: said Section 27; thence run S 115022'07" 1 aler_g tnr' eente�•- lina of said Riekenb_cker Causeway for a distance of 251.67 feet to a s,ointof intersection wifli the Southwesterly prolongation of th_ Cor po-^ate • You.~d&-ry of Lhe City of Miami; thence run N 611031114Z" E .-io^_r s-:; d Cit; -of ii3rsi Corporate Boundary and i.ts So:.tl+Westerly.= proloagai._on and along; the Southeasterly right of way line o; the Sewne Trsatnent i'lant Access Road for a distance of 2735.77 feet "A"1of3 �G'` OLD VIRGINIA KEY BEACH PARK -RENOVATIONS 8t REPAIRS, PROJECT # B3282, ID# 17967 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI to a point on tha East line of said Section'17, said point also being a point on tl',t:! Nor%h line of the South 1000.00 feet bf naid S•_ ation 16; thence, run S 89059'50" E along the , florth line of the sogth 1000.00 fee;; of said Section 16 for, a distance of 67.23 feet to a paint of inter section with the are of a circular curve concave to '-*i- ::^• `t -he c^ntcr v*1 which bears S 82442115" V1 froatt said paint or irterucetion. said point of intersection also bainS the. Point 6f Bcginning of the herein described parcel; thence run Southeasterly to L'outinrenterly along the are of said cir64lsr curs, concave tv she West, having: a radius of 1650.00 feet, nroueh a anglc Of ` 4G1J 2,-,' 10" , for an arc eti ,truce of 13311.:6 feet to of reverne, .curval-:i T.•: with tht., ar-c of a Circuiav curv:, to li:Tt; til-::ct• run )-)utbWcstvrly along Lhe arc o: said circular Gt=?•'. to ttl+_ left, h? vin' 2_ radius o: 1350.00 Pett, thr Jamil a. [:1.I, i '0'.;7", for an , i c di to ret Of 51 7-03 1'rc.`, t.a a a . m -cu -1--arv?::i3r" 4i S t:t the:'. -rc o.- %! circ cu:'ve t0 i:h: _. left; thence run Southwesterly to Southeasterly along the arc of said circular curve to the left, having a radius of 350.00 feet, through a central angle of 62027'55", for an arc distance of 381.58 feet to a point of tangency wit?y, a line 25.00 feet ;forth c.^ and parallel with the property conveyed to the University of Idiaaai; thence run S 45022'07" E alone a line 25.00 feet North of and parallel with the said University of I1iami property for a distance of 170 feet more or less to the mean high water line of `tir. Ziniaa Key; thence meander Northeasterly ala ng t! -.c mean h : ;:] water line of Virginia. Key for a distance of 4300 feet Torr: or less to a point of intersection with the North line of the South 1000.00 feet of said Section 16; thence run N 89059'50" :] along the North line of the South 1000.00 feet of said Section 16 for a dista=e of 3200 feet more or less to the Point of Beginnin . The COUNTY grants all the real property noted in this Deed to the City so long as the City utilizes the said property for public park p!_ poses only. The City agrees to keep the property open to the public, provide maintenance and a level of services equal to or exceeding that which was provided by the County. "A"2of3 02--115'7 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI The CITY will provide a development schedule of the property and the development or relocation of any facilities will be in accordance with the approved master plan and any revisions nhal.l first be approved by the Board of County Commissioners at a public hearing. If existing facilities are subject to relocation., the J replacement facility shall be constructed and made available for public use before the de.wolition and closing of the existing facility. The CITY shall prohibit park patrons access into the I Pdarine Research area (as defined by the Board of County Commission Resolution No. R-674-69 on May 28, 1969). In the event the City does not use the property as a public park, or conveys or attempts to conve;- all or a portion of the property, then the property described herein will -revert b—,ck to the County or its ;successors or assigns at the option of the County. Tho restrictions are subject to an annual review by the County Manager or his designee. THIS grant conveys only the interest of the County and its Board of County Co.r=issioners in the property herein described, and shall not be deemed to warrant the title or to reprecr:nt arty state o, fact3 concerning the same. "A"3of3 02 — I I J7 MIAMI-DADE COUNTY / SEC. 16,17,20,21 -54-42 SEWAGE TREATMENT PLANT ROAD ROp S.E. COR. 51 V` 17-5<-�2 - 5�-- 9RL0 07' A PORTION OF SEC. 16, 17, 20 & 21 TWP. 54 S., RGE. 42 E. EXHIBIT "A"-1 LOCATION SKETCH FOR: OED VIRGINIA KEY BEACH PARK—RENOVATION do REPAIRS, PROJECT #B3282 ID # I DRAWN: H.B. CHECKED: SCALE: 1 "=800' DATE: 5/29/02 MIAMI — DADE WATER AND SEWER DEPARTMENT OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 EXHIBIT "B" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS TYPES OF LAND USES Adult Congregate Living Unit / Residential Type Institution or Facility (Not a Nursing Home or Convalescent Home) OCCUPANCY GALLONS PER DAY 100 gpd/person Airport 5 gpd/passenger Plus 10 gpd/employee Apartment 200 gpd/unit Banquet Hall 25 gpd/seat Barber Shop 10 gpd/100 sq. ft. Bar and Cocktail Lounge 15 gpd/seat (stool) Beauty Shop 75 gpd/chair Bowling Alley 100 gpd/lane Camper or R.V. Trailer Park 150 gpd/space Car Wash a) Recycling -Type b) Hand -Type 750 gpd/bay 3,500 gpd/bay Coin Laundry 225 gpd/washer Country Club 25 gpd/member Dental Office 250 gpd/dentist PLus 200 gpd/wet chair Duplex or Twin Home Residence 250 gpd/unit Factory ; a) With showers b) Without showers 20 gpd/100 sq. ft. 10 gpd/100 sq. ft. Food Preparation Outlet (Bakeries, Meat Markets, Commissaries, etc.) (350 gpd minimum) 50 gpd/100 sq. ft. Funeral Home 10 gpd/100 sq. ft. Gas Station / Convenience Store / Mini -Mart 450 gpd/unit Health Spa or Gym 35 gpd/100 sq. ft. Hospital 250 gpd/bed Hotel or Motel 100 gpd/room "B" 1 of 2 02--115` OLD VIRGINIA KEY BEACH PARK -RENOVATIONS 8< REPAIRS, PROJECT # B3282, ID# 17967 TYPES OF LAND USES (CONTINUED) House of Worship GALLONS PER DAY 3 gpd/seat Kennel 30 gpd/cage Laundromat 225 gpd/washer Marina 40 gpd/boat slip Mobile Home Residence / Park 300 gpd/unit Motor Vehicle Service Station 10 gpd/100 sq. ft. Nursing / Convalescent Home 150 gpd/bed Office Building 10 gpd/100 sq. ft. Pet Grooming 10 gpd/100 sq. ft. PCus 75 gpd/tub Physician Office 250 gpd/physician Public Park a) With toilets b) With showers and toilets 5 gpd/person 20 gpd/person Public.Swimming Pool Facility 10 gpd/person Restaurant a) Full -Service b) Fast -Food c) Take -Out (350 gpd minimum) 50 gpd/seat 35 gpd/seat 50 gpd' /100 sq. ft. School a) Day care/ Nursery b) Regular School c) With cafeteria, add 5 gpd/student 10 gpd/student 5 gpd/student d) With showers, add e) Teachers and Staff 5 gpd/student 15 gpd/person Shopping Center (dry uses only) 5 gpd/100 sq. ft. Single Family Residence 350 gpd/unit Speculation Building 20 gpd/1,000 sq. ft. Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc. 3 gpd/seat Store (dry uses only) 5 gpd/100 sq. ft. Theater a) Indoor Auditorium b) Outdoor Drive-in 3 gpd/seat 5 gpd/space Townhouse Residence 250 gpd/unit Veterinarian Office a) With kennels 250 gpd/veterinarian Acus 30 gpd/cage Warehouse a) Regular or Industrial b) Mini Storage or Mini Warehouse 20 gpd/1,000 sq. ft. 5 gpd/1,000 sq. ft. LEGEND: gpd - gallons per day sq. ft. - square feet NOTES' 1) Sewage gallonage refers to sanitarysewage flow on a per unit and/or use basis br average daily flow in gallons per day. 2) Condominiums shall be rated in accordance vvth the specific type of use. -(i.e. apartment, townhouse, etc.) "B"2of2 X32-115 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 EXHIBIT "C" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI BUILDING CONNECTION SCHEDULE TYPE AND NUMBER OF UNITS GALLONAGE COMPLETION OF (gpd) BUILDING CONNECTION Existing 2,158 sq -ft bath house 755 2002 —2003 Existing 1,400 sq -ft bath house 490 2002 —2003 Existing 3,586 sq -ft concession building 1,793 2002 —2003 "C"1of1 • s OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 COVENANT THIS COVENANT, made and entered into this day of 2002, by City of Miami, a Florida Municipal Corporation, hereinafter designated as the "CITY", to Miami - Dade County, a political subdivision of the State of Florida, its successors and assigns, hereinafter designated as the "COUNTY"; WITNESSETH WHEREAS, the CITY is the fee owner of the real property legally described in Exhibit'W', attached hereto and made a part hereof, and WHEREAS, the CITY has requested a permit to construct, operate and maintain a private sanitary sewage pumping station including all the necessary pipes and appurtenances thereto to provide the CITY with sanitary sewerservice and connection to a sewage force main owned by the COUNTY, and i WHEREAS, the CITY intends to operate and maintain said temporary, private sanitary sewage pumping station in such a manner that sewage from the CITY'S property will be discharged into the COUNTY'S sewage system; NOW, THEREFORE, in consideration of the agreements and benefits which will accrue to the CITY from the construction, operation and maintenance of said temporary private sewage pumping station, the CITY, which term includes its successor in interest and/or assigns, does hereby covenant and agree with the COUNTY as follows: i -1 - 0-2 _=-- OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 1. The CITY shall obtain from all governmental agencies the necessary permits and approvals for construction of the private sanitary sewage pumping station to be installed on the CITY'S property. 2. After a permit has been issued, the CITY will cause to be constructed or installed a temporary private sanitary sewage pumping station on the CITY'S property which shall at all times remain the sole, complete and exclusive property of the CITY and under the control and operation of the CITY, its successors and/or assigns. 3. The CITY shall operate and maintain said private sanitary sewage pumping station in an efficient manner and in complete compatibility with the COUNTY'S system and shall prevent said pumping station from being a nuisance or detrimental to public health or safety. The CITY shall make, at its sole expense, any reasonable changes or additions to keep pressures compatible with the COUNTY'S system. 4. The CITY shall disconnect its temporary, private sanitary sewage pumping station and reconnect its on-site sewer system to the COUNTY'S future sanitary sewer collection system when said collection system becomes available. The cost of this work shall be bome solely by the CITY. Further, the CITY agrees that it shall pay its proportionate share of the cost of construction of the future sanitary sewer collection system abutting the property herein described. c -2- 02-1151 f OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 5. It is expressly agreed that this instrument and obligation shall be binding on the CITY, its successors in interest or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title of said property or any part thereof. 6. This Covenant is being recorded in the Public Records of Dade County, Florida, for the particular purpose of placing all owners or occupants, their successors and assigns, upon notice of the provisions herein contained. The CITY shall pay all recording fees. This instrument prepared by: Clementine Sherman Utilities Dpvelopment New Business Administrative Officer II Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florlda' 33146-2221 -3 02-1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials as of the day and year above written. WITNESSETH: CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION signature print name signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE By: print name (SEAL) The foregoing instrument was acknowledged before me this day of 2002, by OR CITY'S Representative, 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 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS 8, REPAIRS, PROJECT # B3282, IN 17967 EXHIBIT W' OF COVENANT EXHIBIT"A7 LEGAL DESCRIPTION THIS DEED, made this, �=� day o f"i�''���-, A.D., 2937—, bet-»e.n DADE COMITY, a political subdivision of the State of party of the first part, and CITY OF FIA :I, a municipal t,ospor.iLion, pasty of the second part, Y:TT11ZSSET11: THAT the said party of the fix-st part, for and in consideration of the sun of One Dollar ($1.00) and other Coad and valuable consideration to it in hand paid by the party o:' L_ .. sc_-. ii. "'Irt, rc=iht rharco= is herauy acknc iledL-ed, has Zr ntcd; barCained and suld to the said party of the second part, :it;• s:accessors and 4Js.i.gns forever all right, title, interest and vem:_- d _avaired by Davie County in and to tte following land s ii:uw-c, 1, ino and bean& in Dade County, Florida: I_ r,:_rcP1 of ?and or. Virginia Key, in Biscayne Bay, Dade County, 101orida, ::ei:ng a portion of Sections 15, 17, 20 and 21 of Town- i;.p 5- 17.5uth Range 42 East, Dade County, Florida and beinC more = =:ticLl+~.y described as follows: ; Cln;,arce at the Feint of intersection -of the centerline of Iti:.'sa"lncter Causeway :•tith the South line of said Section 17, said ociait: of Inters action being 26119.97 feet N.89056145" W of the �7hea3`.'corner of said Section 17, as measured along.th,4 South __nc o: sn_d Section 17; thence. run S 115022107" E alcr_g the center - :line of said Rickenbacker•Causeway for a distance of 251.67 feet to a ocint of intersection YTit11 the Sout'.,rwesterly prolongation of the Corpo_^ate Zoundary of the City, of Miami; thence run N 6110311'41" E nio^r_; said City -of I•:13ni Corporate Boundary and its Sonthwesterly prnioioat_on and along; the Southeasterly right of way line of the Sewage T_ aatne n . rlant Access Road for a distance of 2735.77 feet to a Point on tate East: line of said Section '17, said pdint also be:Lng a polut on the Nor%h line of the South 1000.00 feet t•f said cation 16; thence. run S .89059'50n E along the , North line of the South 100!0.00 feet of said Section 16 for. a•distance of 67.23 feet to a point of intersection with thearcof a.circular curve concave of 3 �2-115'7 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS 8r REPAIRS, PROJECT # B3282, ID# 17967 EXHIBIT "A" OF COVENANT LEGAL DESCRIPTION zC tlr= ^;'`, :he c^::tcr of Which bears S 82942'15" W from said 1,c -'_rt of irterzi--c-tion, said point of intersection also bein- the. pc: ,,f icginning of the herein described parcel; then; run Saut heaztei'ly to S0ut?n105terly along the arc o.f said cir. ul.ar cur•,e c,"?'t^. ;vc tv the West, havinz a rldius of 1650.00 feet, throutCh a an, --lc of•46.02,-,110", for an arc dintance of 133211-38 feet to • f r��•. t of :'eye, -::i% currset:rt•: r<ith the. arc of :t cirer:l;:t• curve to "-" 30't; thane( run :nathwost^rly alout, Life 1rc of -aid ciFcula1' i (:e:t•'v:.: r0 7;M-1 .iQft, ? radius o'.* :x5,0.00 feet, through a ciDti— 1 t:.,15J''3!"', .for an xre nistariec of 511.03 rou` t.:1 a rr :f .. ripoun-1 .....^'!?i:l?r" Yi i th the are Of .i cir ct;laY' curvy to 4i2^ left; thence run Southwesterly to Southeasterly along the arc of said circular curve to ,the left, having a radius, of 356.00 feet, through a central angle of 62027'55", for an arc drsta:tce of 381.58 feet to a point of tangency reit : a line 25.00 feet north cif and parallel ifith the property conveyed to the University of { Miami; thence run S 45022107" E along a line 25.00 feet North of and parallel with the said University of Il1arr3 property for a distance of 170 feet more or less to the mean high rater line of VirZ;i..ia,Key; thence meander Northeasterly along the mean hi5h water line of Virginia Key for a distance of 4300 feet more or less to a point of intersection with the North line of the South 1000.00 feet of said Section 16; thence run.N 89059'50" W along the North line of the South 1000.00 feet of said Section 16 for a distance of 3200 feet more or less to the Point of Beginning. The CCUNrt% grants' all the real property noted in this Deed to the City so long as the City utilizes the said property for public_ park purposes only. The City agrees to keep the property open to the public, provide maintenance and a level of services equal to or exceeding that which was provided by the County. "A" 2�of 3 02-1157 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 EXHIBIT "A" OF COVENANT LEGAL DESCRIPTION The CITY will provide a development schedule of the property and the development'or relocation of any facilities will be in • I accordance with the approved master plan and any revisions 3hal.l r f it st be approved by the Board of County Commiz.n ione: s at a public bearing. If existing facilities are subject to relocation, the replaceent facility shall be constructed and made available for public use before the dopolition and closing of. the existing facility. The CITY shall prohibit park patrons access into the Marine Research area (as defined by the Board of County Commission Resolution, No. R-674-62 on May 28, 1959). In the event the City does not use the pronei;ty as a public park, or conveys or attempts f to convey all or a portion of the property, then the property s described herein will -revert back to the County or its successors or assigns at the option.of the County. The restrictions are subject to an annual review by the County Manager nor his designee. THIS grant conveys only the interest of the County and its Board of County Co,�.+^is3loners in the property herein described, and shall not be deemed to warrant the title or to represr:nt arty --tate of facts concerning the same. OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 UNITY OF TITLE THIS UNITY OF TITLE, made and entered into this day of 2002, by City of Miami, a Florida Municipal Corporation, hereinafter designated as the "CITY", to Miami - Dade County, a political subdivision of the State of Florida, its successors and assigns, hereinafter designated as the "COUNTY"; WITNESSETH THAT WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated as the "DEPARTMENT", operates the water and sewer systems owned by the COUNTY, and WHEREAS, the CITY is the fee owner of the real property legally described as: + See Exhibit "A" attached hereto And the CITY recognizes and acknowledges that for the public health, welfare, safety and morale, the herein described property should not be divided into separate parcels owned by several owners, and in consideration of providing water and sewer - services by the COUNTY to the subject property at a substantial savings to the CITY by allowing new connections to private facilities of the CITY within the property described above rather than requiring that the connections be made directly to facilities of the COUNTY located within dedicated rights-of-way, and for other good and valuable considerations, the CITY hereby agrees to restrict the use of the subject property in the following manner. ' OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 That said properties shall be considered as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. However, the sale of individual condominium units shall not be prohibited. The CITY further agrees that this condition, restriction, and limitation shall be deemed a covenant running with the land and shall remain in full force and effect and be binding upon the undersigned, its successors and assigns, until such time as the same may be released in writing by the Director of the DEPARTMENT, provided, however, that said release shall only be executed when additional water and sewer facilities within dedicated rights-of-way have been properly constructed at no cost to the COUNTY, so that all portions of the property can be served from water and sewer facilities adjacent to and abutting said property. The CITY does hereby fully warrant that it has good title to the above described property and that it has full power and authority to execute this Unity of Title. This instrument prepared by: Clementine Sherman Utilities Development New Business Administrative Officer 11 Miami -Dade Water and Sewer Department 3575 S. LeJbune Road Miami, Florida 33146-2221 -2- �2-1i5'7 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials as of the day and year above written. WITNESSETH: CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION signature By: print name print name signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE (SEAL) The foregoing instrument was acknowledged before me this day of 2002, by OR CITY'S Representative, who is personally known to me or and has/hasn't produced as identification and did/did not take an oath. Notary Public print name Approved for Sufficiency of Execution Only: Serial Number OLD VIRGINIA KEY BEACH PARK -RENOVATIONS S REPAIRS, PROJECT # B3282, ID# 17967 EXHIBIT "A" OF UNITY OF TITLE LEGAL DESCRIPTION EXIMIT "A" COUNTY DEL i1II3 DEED, made this day o_ /-�r�,dit., A.D., 1953=, 'yet:ae: n aAJE C07kfiY, a political zubdirision of the- State of Florida, party of the first part, and CITY OF FIAs:I, a municipal ;;ospor.tion, perty of the second part, ' 1 ii7TMESSEETIN: THAT the said party of the firm part, for and in cons ic?eration of the sun of One Dollar (t1.00) and other Cood 1 r_:Zt ,raiuZbie consideration to it in hand paid by the party o:' part, r_acipt Y:hareof is hervy a lrnowlect,;ed, hac ... antcd; bargained and sold to the said party of the second' part, :its• sacc=ssors and a.c:signs forever all right, title, interest and by DRde County in and to tl:e following land s itc ate, 1 -Ing and b_ing in Dade County, 1. r, -ce6l of ?and on Virginia hey, in Biscayne Bay, Dade County, i� iarida, I, i S a portion of Sections 16, 17, 20 and 21 of Town- ::clp 5--2,5ut: , Ra,:ge 42 East, Dade County, Florida and being more i _-rficula^_y described as follows: CO.UtLenco at the paint of intersection -of the car►terline of IN-ckanbacksr Causeway :•rith the South line of said Section 17, said ocint of intersection being 2649.97 feet X.89056'45" D7 of the "C. -'creast 'en+rner o. said Section 17, as measured along .the South nc o: s^ d Section 27; thence run S 115022107" E along the canter - a ir,_ c:f said Rlekenb ckcr Causeway for a distance of 251.67 fret to a _,oln:. o_' intersection frith the Southwesterly prolongation or the Corporate • Bot ndary o, tale City, of Miami.; _thence run N 6403414211 E rio^_g sn"d City -of t iami Corporate Boundary and its Sonthwest•erly proloszoation and along the Southeaste-rly right of way line of the Sewege Treatment rlant Accesq Road for a distance of 2735.77 feet to a point on the East line of said Section Z7, said pint. also being' a aolut on the Forth line of the South 2000.00 feet of said ^rtlon 16; thence. run S 89059'50" E along the,North line of the "A"1�of3 , OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 EXHIBIT MINN OF UNITY OF TITLE South 100.0.00 fee;; of said Section 16 for. a • d1 stance of 67.23 feet to a point of ir!tersection with the arc of a circillar curvy concave to "67,e -.:^::t, 4iie c^atop or which bears S 62642'15" til from said pc:'.rt of interucction. said point of intersection also bein.- the. Point of Bcginnirg of the herein described parcel; then:c run Southeasterly to Southwenterly along the are of said circular curve concave to the West, havinC a rldius of 1650.00 feet, throaiL-h a an -lc of �IO"o?.x:,'10", for 1n are diatance of 133!4.78 feet to w. -Int Of reVCrzch •CurvIhture with thc_ arc or 1 C1rC112..1L- CUI'Vt to 4 'Ti -fin tiontac run So-athw-astvrly alot— Lhe are of said circular � C.:r-;-v to the loft, h:Ivin.-, ?_ radinz O: 1350.00 feet, through a cen.— Lrz-1=::,_1L a~ 21`';61•37% for an ,re diztariec o.' 517.03 frct t:, a � .)i C:--!Irp iund wILh the are O a cire"'La_r cvxvo to ::h2 left; thence run Southwesterly to Southeasterly along the arc of said circular curve to the left, having; a radius of 350.00 feet, through a central angle of 62027'55", for an arc drsta:hce of 351.58 feet to a point o;i .tangency wit -13, a line 25.00 feet North of and parallel with the property con -:eyed to the University of Miami; thence run S 45022107" E along a line 25.00 feet North of and parallel with the said University of Miami property for n i j distance of 170 feet more or less to the mean high water line of Virginia Key; thence meander Eortheasterly along, the mean hi ;h hater line of Virginia Key for a distance of 4300 feet more. or less -to a point of intersection with the North line of the South 1000.00 feet of said Section 16; thence run N 89059'50" V along the North line of the South lb00.00 feet of said Section 16 for a distance of 3200 feet more or less to the Point of Beginning. The COUNTY grants all the real property noted in this Deed to the City so long as the City utilizes the said property for public park purposes only. The City agrees to keep the property open to the public, provide maintenance and a level of services equal to or exceeding that which was provided by the County. The CITY will provide a development_ schedule of the property and the development or relocation of any facilities will be in "A" 2�of 3 02-JI57 OLD VIRGINIA KEY BEACH PARK -RENOVATIONS 8 REPAIRS, PROJECT # B3282, [DO 17967 EXHIBIT "A" OF UNITY OF TITLE LEGAL DESCRIPTION accordance with the approved master plan and any revisions :;hall first be approved by the Board of Count;; Commissioners at a public hearing. If existing facilities are subject to relocation, the ` j replacement facility shall be constructed and mads available for public use before the demolition and closing of the existing facility. The CITY shall prohibit part: patrons access into the liarine Research area (as defined by the Board of County Commission Resolution No. R-6711-62 on May 28, 1969). In the event the City does not use the property as a public part:, or conveys or attempts to conve7 all or a portion of the property, then the property described herein will -revert back to the County or its successors i or assigns at the option .of the County. Thd restrictions are subject to an annual review by the County Manager or his designee. j ' t i ,THIS grant conveys only the interest of the County and its i Board of County Cons:issioners in the property herein described, and shall not be deemed to warrant the title or to represr:nt any state of facts concerning the same. 0 "Ar 3of3 'NOTE: The opinion must the time period to within 30 days prior to SL al of signed water and sewer agreements or an assignment. FOR WARRANTY DEEDS, EASEMEn.. a, COVENANTS AND UNITIES OF TITLE, THE OPINION MUST COVER THE TIME PERIOD THROUGH THE DATE OF EXECUTION OF THE DEED, EASEMENT, COVENANT OR UNITY. If the property owner is a N.V. corporation, the opinion must state that the person signing the agreement or legal document has the legal power and authority to sign on behalf of and bind the corporation. MIAMI-DADE COUNTY MIAMI-DADE WATER AND SEWER DEPARTMENT OPINION OF TITLE TO: MIAMI DADE COUNTY, a political subdivision of the state of Florida. With the understanding that this opinion of title is furnished to MIAMI DADE COUNTY, FLORIDA, as an inducement for execution of an agreement covering the real property hereinafter described or for acceptance of a warranty deed, easement, covenant or unity of title, as applicable, it is hereby certified that I (we) have examined the complete Abstract of Title or Title Policy Number issued by dated covering the period from the BEGINNING to A.D. 20 at inclusive, of the following described real property: ( Legal description as it appears in agreement or legal document ) , and the following: Basing my (our) opinion on said complete abstract or title policy covering said period I (we) am (are) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: Subject to the following liens, encumbrances, and other exceptions: GENERAL EXCEPTIONS 1. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid. 2. Rights of persons other than the above owners who are in possesion. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS None of the exceptions listed above will restrict the use of the property for the purposes set forth in the water and sewer agreement, assignment, warranty deed, easement, covenant and unity of title, as applicable. I, the undersigned, further certify that I am an attomeyat4aw duly admitted to practice law in the state of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this day of , 19 SIGNATURE PRINTED NAME ADDRESS PHONE NUMBER V2-115'7 BOARD OF DIRECTORS gym. ilthaGc• Barge Chair Gene S. ironic Vice Chair `,�. ^.t,,� ., sir:•, Se. retacv s reasm er ME; -AB -RS N i"uei C,. r.Enid C. Pinkney Bernice Sew,<er Dick Townsend Lvnette Williams Austin Executive Director VIRGINIA KEY BEACH PARCA=3 K TRUST TO: RE: FROM: 3550 Biscayne Blvd., Suite #510, Miami, FL 33137-3855 Phone: (305) 571-8230 / Fax: (305) 571-8311 Email: vkbpt@ci.miami.fl.us MEMORANDUM The Honorable Mayor and Members of the City Commission Agreement between the City of Miami and Miami -Dade Water and Sewer Department for improvements at Virginia Key Beach Park. Lynette Williams Austin ' �✓'� Executive Director k,,Al- FOR: City Commission Agenda October 24, 2002 RECOMMENDATION: The Board of Directors of the Virginia Key Beach Park Trust (the "Trust") requests that the City Commission approve, the attached Resolution authorizing the City Manager to execute an Agreement with Miami -Dade Water and Sewer Department (the "Agreement"), in a form acceptable to the City Attorney. This Agreement is for Virginia Key Beach Park — Renovations & Repairs, Project #B3282, ID #17967, improvements and upgrades to the water and sewer system at Historic Virginia Key Beach Park. BACKGROUND: Virginia Key Beach Park Trust has the responsibility for preservation and restoration of Historic Virginia Key Beach Park. It has engaged the services of Johnson & Associates to prepare architectural and engineering specifications for the renovation of existing buildings and water and sewer improvements. Since Miami -Dade County owns the water system, operated by Miami -Dade Water and Sewer Department, that serves Historic Virginia Key Beach Park, it is necessary to enter into an agreement with the County designating and setting forth the terms and conditions for providing water service for the City owned land on Virginia Key. CAMv DocumentsWDWASA - COMMISSION MEMO.doc Budgetary Impact Analysis 1. Department VKBPT Division 2. Agenda Item # (if available) 3. Title and brief description of legislation or attach ordinance/resolution: A resolution authorizing the City Manger to execute an Agreement with Miami -Dade Water and Sewer Department for renovations and repairs to Virginia Key Beach Park 4. Is this item related to revenue? NO: YES X (If yes, skip to item #7.) 5. Are there sufficient funds in Line Item? See below; #7 YES: Index Code Minor Obj. Code Amount NO: _ Complete the following questions: 1.1 Source of funds: Amount budgeted in the Line Item _ 0,, IV 3,5 12g2, Balance in Line Item cel j- �T� Amount needed in the Line Item _ Sufficient funds will bp trnnGferrP(l frnm tbP fnllnwinu line it. -mc. ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL Index/Minor Object/Project No. From, $ From $ From $ To $ 7. Any additional comments? * q5e) jC00 ©-F tY1 tit)2� �vr>d5 s. /0//(0 /OZ FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY Verified by: Verified by: I Transfer done by: Dep4d'ir ent and Budget Direc /D sign I0 -17-0a Date 1�0� �� w 7 Budget Analyst Date Budget Analyst Date