HomeMy WebLinkAboutR-98-0022J-98-12
12/29/97
RESOLUTION NO. 9S-- 22
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR
THE EXTENSION OF SANITARY SEWER FACILITIES ON
WATSON ISLAND, IN THE CITY OF MIAMI, FLORIDA.
WHEREAS, the City of Miami owns certain tracts of land located on Watson Island within the
City of Miami, Florida; and
and
WHEREAS, the City of Miami desires to provide sanitary sewer service to said City owned land;
WHEREAS. in order to provide that service, new sanitary sewers must be constructed by the
installation of a gravity collection system, pump station and force main into said City owned land; and
WHEREAS, Metropolitan (Miami -Dade) County owns the sanitary sewer system serving the
City; and
WHEREAS, the City of Miami and Metropolitan (Miami -Dade) County recognize the need for
entering into an Agreement designating and setting forth the terms and conditions for providing sanitary
sewer service to the City owned land;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
ATTACHMENTS)
4 CONTAINED
CITY CQ1SSZQR
MEETING OF
JAN 13 1998
Ha.ohaim 14M
98- 22
Section 2. The City Manager is hereby authorized to execute an agreement, in
substantially the attached form, between the City of Miami and Miami -Dade County, for the extension of
sanitary sewer facilities on Watson Island in the City of Miami, Florida.
Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this
AT T:
TEAR OE , CITY CLERK
SUBMITTED BY:
"KAK.,OR
PUBLIC WORKS DEPARTMENT
PREPARED ANO APPROVED BY:
YAM M.
ASSI ANT I ATTORNEY
13tydayof January , 1998.
-1-Z
XAVfER L. SUAJZ, MAYOR
APPRO EVAS TO FORM AND CORRECTNESS:
QU JO S III
CITY ATTOPNEY
W2127: BSS:CSK:dsl
2 98_ 22
CITY OF MIAMI- WA1 JN ISLAND, ID #14731
AGREEMENT
FOR
SANITARY SEWAGE FACILITIES
BETWEEN
METROPOLITAN DADE COUNTY
AND
CITY OF MIAMI
This instrument prepared by:
Tomas R. Goicouria
Utilities Development
New Business Manager
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
H1C0NTRCTS%Jocetyn\ID 14731 City of Miami Watson Island.wpd
9R- 22
CITY OF MIAMI- WA 6 .ON ISLAND, ID #14731
THIS AGREEMENT, made and entered into at Miami, Dade County, Florida, this
day of
19 , by and between Metropolitan
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 33233-0316 and City of Miami, a
body politic incorporated under the law of the State of Florida, hereinafter,
designated as the "CITY", whose mailing address is: c/o Department of Public Works,
Design Division, Mr. Leonard J. Helmers,Jr., 444 S.W. 2nd Avenue, Miami, Florida
33130.
WI!NESSETH:
WHEREAS, the CITY desires 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 sewage 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:
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CITY OF MIAMI- WA'i .,ON ISLAND, ID #14731
1. CITY'S PROPERTY The CITY owns a certain tract of land in 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 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 DEPARTMENT'S sewer
system is subject to the terms, covenants and conditions set forth in the Settlement
Agreement between the State of Florida Department of Environmental Protection
("DEP") and the COUNTY dated February 16th, 1993, the Settlement Agreement
between DEP and the COUNTY dated July 27th, 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 (EPA) vs. Metropolitan Dade
Coun (Case Number 93-1109 CIV-Moreno), as currently in effect or as amended or
modified in the 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 or any other
governmental entity, and all other current, subsequent or future enforcement and
regulatory actions and proceedings.
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98- 22
CITY OF MIAMI- WA ,ON ISLAND, ID #14731
3. PROVISION OF SERVICE AND CONNECTION CHARGES The
COUNTY will receive and dispose of sanitary sewage from the CITY'S property. The
CITY shall pay sewer connection charge for all those units to be constructed on the
CITY'S property. The connection charges are based on the average daily gallons per
day 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 construct various buildings delineated in Exhibit "C" attached
hereto and made a part hereof . Based on the building connection schedule delineated
in Exhibit "C" of the Agreement, the agreed total average daily gallonage is three
hundred ninety-five thousand seven hundred fifty ( 395,750 ) gallons. 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. Our current connection charge rates are one dollar and
thirty-three cents ($1.33) and five dollars and twenty-six cents ($5.26) per gallon per
day for water and sewer, respectively. The water and sewer connection charge rates
are subject to revision at any time.
4. POINTS OF CONNECTION. The COUNTY owns and operates a
seventy-two (72) inch sewer main interceptor located in North Bayshore Drive and
N.E. 15th Street from which the DEVELOPER shall install and connect a twelve (12)
inch sewer force main in Venetian Causeway easterly to Biscayne Island thence
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CITY OF MIAMI- WA o 4ON ISLAND, ID #14731
southerly across the bay to the DEVELOPER'S property (Watson Island), where the
DEVELOPER shall construct a sewage pumping station and eight (8) inch gravity
sewer mains to serve the DEVELOPER'S property. The subaqueous portion of sewer
force main to be installed in the Venetian Causeway shall be sixteen (16) inches in
diameter. These matters shall be addressed and resolved by the DEVELOPER'S
engineer. Other points of connection may be established subject to approval of the
DEPARTMENT.
5. 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 sewer facilities provided for in this Agreement unless otherwise specified.
The facilities shall include any and all sewage pumping station, sewer force mains,
emergency generator, gravity sewer mains, laterals, manholes and all
appurtenances for a complete installation. The final design shall be subject to
approval of the DEPARTMENT.
6. EMERGENCY GENERATOR SITE The CITY hereby agrees to provide
the COUNTY with a stand-by emergency generator site adjacent to the proposed
sewage pumping station contemplated under this Agreement. The plans shall be
prepared by the CITY'S engineer and are subject to approval of the DEPARTMENT.
The CITY shall be fully responsible for obtaining all required governmental approvals for
the use of the site as a stand-by emergency generator, including any public hearing
required. Final zoning resolution approvals from the COUNTY and/or CITY to use the
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CITY OF MIAMI- WA ► ,ON ISLAND, ID #14731
site for a stand-by emergency generator is a condition precedent to any duty of the
COUNTY to install water meters and to provide water and/or sewer service for the
CITY'S property.
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 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.
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CITY OF MIAMI- WA. SON ISLAND, ID #14731
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 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, judgements, 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 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 permittor. Otherwise, the
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981 - 22
CITY OF MIAMI- WA1.,ON ISLAND, ID #14731
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. SERVICE LINES If any of the water service lines required for the CITY'S
property are connected directly to existing mains owned by the COUNTY, those service
lines will be installed by COUNTY personnel. The CITY hereby agrees to pay to the
COUNTY its standard service line installation charge 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.
14. OVERSIZING CREDIT The COUNTY hereby agrees to allow an
oversizing credit of up to eight hundred thousand dollars ($800,000.00) for
construction and materials only for the subaqueous portion of the sixteen (16) inch
sewer force main to be installed in Venetian Causeway. Both parties agree that the
oversizing credit, specified hereinabove, shall be paid by the COUNTY to the CITY in a
lump sum within ninety (90) days after completion, proper conveyance to the COUNTY
and placement into service of the oversized sewer facilities
make any partial payments of this amount.
Page 8 of 22
The COUNTY shall not
CITY OF MIAMI- WA . SON ISLAND, ID #14731
15. CONSTRUCTION CONNECTION CHARGES The CITY shall pay a
sewer construction connection charge to the COUNTY in the amount of seven
thousand five hundred and fifty dollars ($7,550.00) for the installation by the COUNTY
of telemetering equipment for the sewage pumping station to be constructed by or for
the CITY. Said construction connection charge shall be paid prior to the installation of
the first water meter and/or the rendition of sewer service to the CITY'S property.
16. RESTAURANT/LAUNDROMAT USAGE If additional restaurants,
laundromats and/or any other usage, not specified in Exhibit "C° attached hereto, are
included in CITY'S property, then additional capacity is required. Therefore,
connection charges, computed at prevailing rates, and 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.
17. CONDITIONS TO SERVICE 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 sewerage
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
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CITY OF MIAMI- WA i dON ISLAND, ID #14731
any more water or sewage treatment capacity in any one year than is called for by the
building construction schedule attached hereto and made a part hereof as Exhibit "C".
Any variation from said construction schedule which results in increased yearly demand
on the water resources or sewage treatment 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.
18. 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
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CITY OF MIAMI- WA i oON ISLAND, ID #14731
losses incurred by the CITY as a result of actions by regulatory bodies, which are
related to capacity allocation.
19. 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. 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.
20. CONVEYANCE OF TITLE Conveyance of all easements and fee simple
title 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 and/or fee simple title will be vested to the
COUNTY. The CITY shall convey to the COUNTY fee simple title to the property on
which the sewage pumping station and the emergency generator, to be owned by the
COUNTY, is situated subject only to title exceptions and restrictions which are
acceptable to the COUNTY. The land so conveyed shall be sufficient for ownership
and proper operation by the COUNTY of said station and emergency generator. The
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CITY OF MIAMI- WA ..20N ISLAND, ID #14731
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.
21. DRAWINGS AND CONVEYANCE DOCUMENTS Following completion
of the water and/or sewer facilities contemplated herein for COUNTY ownership, the
COUNTY shall provide conveyance documents to the CITY which may include bills of
sales, releases of liens, grants of easements and warranty deeds. All documents must
be properly executed, 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 for conveyance documents delivered to the COUNTY. 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.
Three (3) sets of the appropriate manuals for operation of any pumping station and
other mechanical and electrical equipment to be owned by the COUNTY along with
three (3) certified surveys for the pumping station site, after completion, shall also be
included. In addition, a letter from Dade County Building and Zoning showing the
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CITY OF MIAMI- WA'i oON ISLAND, ID #14731
address issued to the pumping station site will be required. 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 at all times remain the sole, complete, and exclusive property of the
COUNTY and under the exclusive control and operation of the COUNTY.
22. WARRANTY AND MAINTENANCE BOND 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
Ductile iron sewer force mains 25
Pumping Stations 100
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CITY OF MIAMI- WA, jON ISLAND, ID #14731
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 bond 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 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.
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CITY OF MIAMI- Wk _ jON ISLAND, ID #14731
23. 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.
24. 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 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 or
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CITY OF MIAMI- WA - JON ISLAND, ID #14731
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, judgements, and attorney's fees which may issue thereon. Provided,
however, this indemnification shall only be to the extent and within the limitations of
Section 768.28 Florida Statutes, subject to provisions of the Statute whereby the
CITY shall not be held liable to pay a personal injury or property damage claim or
judgement by any one person which exceeds the sum of one hundred thousand dollars
($100,000.00), or any claim or judgement or portions thereof, which, when totaled with
all other claims or judgement paid by the CITY arising out of the same incident or
occurrence, exceed the sum of two hundred thousand dollars ($200,000.00) from any
and all personal injury or property damage claims, liabilities, losses or causes of action
which may arise as a result of the negligence of the CITY.
25. 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
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CITY OF MIAMI- Wk ..3ON ISLAND, ID #14731
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.
26. 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.
27. 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.
28. 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, written 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.
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CITY OF MIAMI- WA) SON ISLAND, ID #14731
29. BACTERIOLOGICAL TESTS AND INDEMNIFICATION The State of
Florida Department of Environmental Protection 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
Dade 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 Department of Environmental Resources
Management (D.E.R.M.) or State of Florida Department of Health and
Rehabilitative Services (H.R.S.) 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.
30. 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
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CITY OF MIAMI- WA . ,iON ISLAND, ID #14731
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 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
and sewage disposal capacity and plan for the fair and equitable allocation of water and
sewage disposal capacity among the residents of 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.
31. 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.
32. NOTICE All notices given pursuant to this Agreement shall be mailed by
United States registered or certified mail to the parties at the addresses specified on
Page 1 of this Agreement or addresses otherwise properly furnished.
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CITY OF MIAMI- WA ,ON ISLAND, ID #14731
33. RECORDING OF AGREEMENT This Agreement is being recorded in
the Public Records of Dade County, Florida, for the particular purpose of placing all
owners and occupants, their successors and assigns, upon notice of the provisions
herein contained.
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CITY OF MIAMI- W)., SON ISLAND, ID #14731
IN WITNESSETH WHEREOF, the parties hereto have caused this instrument to
be executed by their respective officials as of the day and year above written.
WITNESSETH:
signature
print name
signature
By:
print name Rick Herrera, P.E., Chief
Utilities Development Division
Miami -Dade Water and Sewer Department
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 19 , by Rick Herrera, P.E., 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
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CITY OF MIAMI- WA. -jON ISLAND, ID #14731
WITNESSETH: CITY OF MIAMI . A BODY POLITIC
INCORPORATED UNDER THE LAWS OF
THE STATE OF FLORIDA
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signature
By:
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STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was
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NOTARY PUBLIC
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acknowledged before me this day of
who is personally known to me or and
as identification and
Approved For Sufficiency of Execution Only:
Assistant County Attorney
SERIAL NUMBER
Page 22 of 22
CITY OF MIAMI- WA . SON ISLAND, ID #14731
EXHIBIT "A" OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
"A" 1 of 1
98- 22
CITY OF MIAMI- WA . ,jON ISLAND, ID #14731
EXHIBIT "B" OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
CITY OF MIAMI
SCHEDULE OF DAILY RATED GALLONAGE FOR
VARIOUS OCCUPANCY
Types of Building Usages
Adult Congregate Living Units
Airport
Apartments
Banquet Hall
Barber Shop
Bars and Cocktail Lounges
Beauty Shop
Bowling Alleys
Camper or R.V. Trailer Park
Car Wash.
a) Recycling -Type
b) Hand -Type
Coin Laundry
Country Clubs
Dental Office
Drive-in Theaters
Duplex
Factories with showers
Factories without showers
Food Preparation Outlets
(Bakeries, Meat Markets, Commissaries)
"B" 1 of 3
100 gpcd
5 gpd/passenger;
10 gpd/employee
200 gpd
25 gpd/seat
10/100 gpd/sq. ft.
15 gpd/seat (stool)
75 gpd chair
100 gpd/lane
150 gpd/space
750 gpd/bay
3500/bay
225 gpd/machine
25 gpcd/member
250 gpd/dentist &
200 gpd/wet chair
5 gpd/car space
250 gpd/unit
20 gpd/100 sq. ft.
10 gpd/100 sq. ft.
350 gpd minimum
50 gpd/100 sq. ft.
Types of Building Usages
Funeral Homes
Gas Stations/mini-marts
Health Spas & Gym
Hospitals
Hotels and Motels
House of Worship
Kennel
Marinas
Mobile Home Residences/Park
Motor Vehicle Service Station
Movie Theaters, Auditoriums, Churches
Nursing/Convalescent Homes
Office Buildings
Pet Grooming
Physician Office/ Public Institutions
(other than those listed herein)
Public Parks with toilets
Public Parks with showers and toilets
Public Swimming Pool
Restaurants (Full -Service)
Restaurants (Fast -Food)
Restaurants (Take -Out)
Schools
a) Day care/nursery
b) Regular school
c) with cafeteria, add:
d) with showers, add:
e) teachers and staff
CITY OF MIAMI- WA 6ON ISLAND, ID #14731
"B"2of3
10 gpd/100 sq. ft.
450 gpd
35 gpd/100 sq. ft.
250 gpd/bed
100 gpd/room
3 gpd/seat
30 gpd/cage
40 gpd/boat slip
300 gpd/unit
10 gpd/100 sq. ft.
3 gpdiseat
150 gpd/bed
10 gpd/100 sq. ft.
10 gpd/100 sq. ft.
75 gpd/tub
250 gpd/physician
5 gpd/person
20 gpd/person
10 gpd/person
350 gpd minimum;
50 gpd/ seat
350 minimum;
35 gpd/seat
350 gpd minimum
50 gpd/100 sq. ft
5 gpd/student
10 gpd/student
5 gpd/student
5 gpd/student
15 gpd/student /staff
98- 22
CITY OF MIAMI- WA ..jON ISLAND, ID #14731
Tvoes of Building Usages
Shopping Centers(day uses)
5 gpd/100 sq. ft.
Single Family Residence
350 gpd
Speculation Buildings/Industrial warehouse
20 gpd/1000 sq. ft.
Stadiums, Frontons, Ball Parks, race tracks, etc.
3 gpd/seat
Storage or Mini-Warehpuse
5 gpd/1000 sq. ft.
Stores without food service
5 gpd/100 sq. ft.
Townhouse Residence
250 gpd
Veterinarian Office
a) per veterinarian 250 gpd
b) with kennels 30 gpd/cage
Warehouses 20 gpd/1000 sq. ft.
Legend:
gpcd - gallons per capita per day
gpd - gallons per day
NOTES: (a) Sewage gallonage refers to sanitary sewage flow on unit basis for
daily flow in gallons per day.
(b) Condominiums shall be rated in accordance with the type of (apartment, townhouse, etc.)
"B" 3 of 3
CITY OF MIAMI- WA. ,,ON ISLAND, ID #14731
EXHIBIT "C" OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
CITY OF MIAMI
BUILDING CONNECTION SCHEDULE
Units
Gallonage
Completion of
Building Connection
SOUTH SIDE
Aviation
50,000 sq-ft office building
5,000
1998-99
15,000 sq-ft airport terminal
1,500
1998-99
50 chalks SeaBase hangar
1,000
1998-99
5,000 sq-ft museum building
20,000
1998-99
250 seat restaurant
12,500
1998-99
Hotel
500 rooms hotel
50,000
1998-99
200,000 sq-ft retail space
20,000
1998-99
1,000 seat restaurant
50,000
1998-99
Watson Island Marina
150 boat slips 6,000 1998-99
"C" 1 of 2
98 29
EXHIBIT "C" OF AGREEMENT
NORTH SIDE
Miami Outboard Club
300 seat restaurant
50 boat slips
Miami Yacht Club
300 seat restaurant
50 boat slips
Parrot Jungle
3,750 visitors Park
2,500 seat theaters
1,360 seat restaurant
1,000 seat fast food restaurant
5,000 retail store space
Veterinarian Hospital w/4 doctors
Public Beach
1,000 sq-ft beach w/restrooms
1000 seat restaurant
15,000 1998-99
2,000 1998-99
15,000 1998-99
2,000 1998-99
18,750
1998-99
12,500
1998-99
68,000
1998-99
35,000
1998-99
500
1998-99
1,000
1998-99
10,000 1998-99
50,000 1998-99
"C" 2 of 2
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members
of the City Commission
FROM : FraII1C ROI.IaSOn
Interim City Manager
RECOMMENDATION
CAm25
JAN - 5 6998
DATE
SUBJECT : RESOLUTION AUTHORIZING
AGREEMENT FOR THE
EXTENSION OF SANITARY
SEWER FACILITIES ON
REFERENCES: WATSON ISLAND
ENCLOSURES:
FILE :
It is respectfully recommended that the City Commission adopt the attached
Resolution authorizing the City Manager to execute an agreement between the
City of Miami and Metropolitan (Miami -Dade) County for the extension of sanitary
sewer facilities on Watson Island in the City of Miami.
BACKGROUND
The City of Miami owns certain tracts of land on Watson Island and leases portions
of that land to private concessions. It is desirable and necessary to provide
adequate sanitary sewer service to the City owned land. In order to provide that
service, new sanitary sewers must be constructed by the installation of a gravity
collection system, pump station and force main. The construction of the sanitary
sewers is currently underway and will serve existing development and future lease
holders including the Parrot Jungle.
Since Metropolitan (Miami -Dade) County owns the sanitary sewer system, operated
by the Miami Dade Water and Sewer Department, that serves the City, it is
necessary to enter into an agreement with the County designating and setting
forth the terms and conditions for providing sanitary sewer service to the City
owned land on Watson Island.
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