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HomeMy WebLinkAboutR-94-0873J-94-987 12/1/94 RESOLUTION NO. 94- 873 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY, WATER AND SEWER DEPARTMENT, FOR THE PROVISION OF WATER AND SEWER SERVICES FOR THE CHARLES HADLEY PARK OLYMPIC POOL COMPLEX; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE PUBLIC WORKS DIRECTOR TO DESIGN THE WATER MAIN NECESSARY FOR SAID PROJECT, AS STIPULATED IN SAID AGREEMENT, AND TO SOLICIT FOR BIDS FOR ITS CONSTRUCTION AND INSTALLATION. WHEREAS, on July 14, 1994, the City Commission adopted Resolution No. 94-539, accepting the bid and awarding a contract to Sealand Contractors, Inc., for the construction of the Olympic Pool Complex at Charles Hadley Park (the "Project"); and WHEREAS, upon construction completion of said Project, the water and sewer services must be rendered for the Pool; and WHEREAS, the Miami -Dade Water and Sewer Department operates the water and sewage systems in Metropolitan Dade County; and WHEREAS, it is necessary to enter into an agreement with Metropolitan Dade County for the provision of said water and sewer services; and WHEREAS, it is now necessary for the Public Works Department to design the water main as stipulated in said agreement, and to go out for bids for the construction and installation of the water main project; CITY COMMSSION - tFEETNIC OF 4!eu! iulu->A no. 911- 8173 { 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. Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with Metropolitan Dade County, Water and Sewer Department, for the provision of water and sewer services for the Charles Hadley Park Olympic Pool Complex. Section 3. The City Manager is hereby directed to instruct the Public Works Director to design the water main necessary for said Project, as stipulated in said agreement, and to solicit for bids for its construction and installation. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 1st ATTEZ.. MATTY`HIRAI, CITY CLERK w� day of December 1994. I� EPHEN P. GLARK, MAYOR 9 - 6073 PREPARED AND APPROVED BY: LINDA K. KEARS ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r, 1—i A'. QUNNeTNS, IT CITY ATTO BSS:M4776 7 mg ��- 873 City of Miami Hadley Park Pool Complex AGREEMENT FOR WATER AND 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 33233-0316 94- 873 .# R-9*0-350 City of Miami Hadley Park Pool Complex 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 laws of the State of Florida, hereinafter designated as the "CITY", whose mailing address is: 2990 S.W. 35th Avenue, Miami, Florida 33133. W I T N E S S E T H: 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: 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 Page 2 of 21 94- 873 0 City of Miami Hadlc.1 Park Pool Complex the DEPARTMENT render water and sewer service to the property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. CITY ACKNOWLEDGEMENT. 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 Partial Consent Decree (Case Number 93-1109 CIV-Moreno), United States of America Environmental Protection Agency (EPA) v. Metropolitan Dade County, and all other current, subsequent or future agreements, court orders, judgments, consent decrees, enforcement and regulatory actions and proceedings. 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 charge is 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 rate Page 3 of 21 9 4- 873 rn City of Miami Hadlo-j Park Pool Complex established by the COUNTY. The CITY intends to construct a seven thousand five hundred (7,500) square feet bathhouse. Therefore, the agreed total average daily gallonage is two thousand six hundred twenty-five (2,625) gallons. However, the COUNTY shall allow a credit of one thousand four hundred twenty-four (1,424) gallons per day for the previous existing bathouse. Therefore, there will be an increase of one thousand two hundred one (1,201) gallons per day. Water and sewer connection charges shall be calculated at the rate in effect at the time of actual connection to the DEPARTMENT'S water and sewer systems and shall be paid by the CITY for each connection prior to the COUNTY'S installation of a water meter and the rendition of sewer service to the CITY'S property. Our current connection charge rates are one dollar and twelve cents ($1.12) and three dollars and forty-eight cents ($3.48) per gallon per day for water and sewer, respectively. These connection charge rates are reviewed on a yearly basis. 4. POINTS OF CONNECTION. The COUNTY owns and operates a twelve (12) inch water main located in N.W. 12th Avenue and N.W. 50th Street from which the CITY shall connect and install a twelve (12) inch water main along N.W. 50th Street covering the entire northern boundary of the CITY'S property. The COUNTY also owns and operates an eight (8) inch gravity sewer main abutting a portion of the northwestern boundary of the CITY'S property from which the CITY may connect the CITY'S property provided that there is sufficient depth and that there are no obstacles which Page 4 of 21 9 4 r 873 City of Miami Hadley Park Pool Complex would preclude construction of the sewer. These matters shall be addressed and resolved by the CITY'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 water and 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 and meter boxes, gravity sewer mains, laterals, manholes, services and all appurtenances for a complete installation. The final design shall be subject to approval of the DEPARTMENT. 6. INSPECTION. The design and construction of facilities to be owned by the COUNTY shall conform to the COUNTY'S 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 Page 5 of 21 9 4- 873 City of Miami Hadley Park Pool Complex 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. 7. 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. 8. 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. 9. 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. 94- 873 Page 6 of 21 City of Miami Hadley Park Pool Complex 10. 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 and the U.S. 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 attorneys 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 DEPARTMENT shall be entitled to'pay said claims from the security. The CITY shall be liable for all costs in excess of the security. 11. 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 91- 873 Page 7 of 21 City of Miami Hadley Park Pool Complex the COUNTY its standard service line installation charge prior to any such installation. 12. 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. 13. RESTAURANTJOTHER USAGE. The total average daily gallonage specified herein does not include restaurants and/or other usage. If restaurants and/or any other usage as specified in Exhibit "B" 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. 14. 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 CITY'S property which allows additional connections, (b) sufficient available Page 8 of 21 9 a- 873 City of Miami Hadley Park Pool Complex capacity in the COUNTY'S sewerage system and DERM connection approval, as specified in paragraph two (2) herein, (c) available water service 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 that 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. 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 the necessary sewer allocation by DERM, as specified in paragraph two (2) hereinabove the CITY receives Page 9 of 21 9 4- 873 City of Miami Hadley Park Pool Complex the necessary DERM approval, 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. 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 a 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. 17. CONNECTION BY OTHERS. Persons other than the CITY who own property, other than the CITY'S property, which abuts any water main installed outside of the CITY'S property pursuant to Page 10 of 21 9 4- 873 City of Miami Hadley Park Pool Complex this Agreement, may apply to the COUNTY for connections to said main. If said persons actually connect, the COUNTY will collect a construction connection charge equal to fourteen dollars ($14.00) multiplied by the front foot length of the connecting property which abuts the water main as measured along the route of the main. Construction connection charges will be collected by the COUNTY if the connection is a service connection or the sole water main connection to serve the connecting property or an additional water main connection required in order to provide adequate service for the connecting property. Said construction connection charges will not be required or collected from other persons for single family residences occupied or under construction prior to the date of this Agreement. Said construction connection charges shall be repaid to the CITY by the COUNTY within ninety (90) days of receipt of same. However, the COUNTY'S liability for repayment to the CITY shall be limited to those amounts actually collected from others. This provision shall remain in effect for a period of twelve (12) years from the date of the bill of sale for the water main constructed by the CITY. Per annum simple interest will accrue on all construction connection charges from the date of the CITY'S bill of sale at the rate authorized from time to time by Section 687.02, Florida Statutes until time of payment by the connecting person. It shall be the CITY'S responsibility to provide the COUNTY with current mailing addresses during the twelve (12) year period. Page 11 of 21 J 4` 873 City of Miami Hadley Park Pool Complex 18. 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 in 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. 19. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water and sewer facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents to the CITY which may include bills of sale, releases of lien and grants of easements. All documents must be properly executed, delivered to and accepted by the COUNTY prior to the rendition of water and 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 Page 12 of 21 9 d 873 City of Miami Hadley Park Pool Complex 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 two (2) 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 at all times remain the sole, complete, and exclusive property of the COUNTY and under the exclusive control and operation of the COUNTY. 20. 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 Page 13 of 21 9 4 r 873 City of Miami Hadley Park Pool Complex the amount equal to the sum of those portions of the actual cost of construction of said facilities as follows: Me of Facilities Ductile iron water mains Gravity sewers Percentage of Actual Construction Cost 25 50 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 CITY11S property at the time of conveyance, the COUNTY shall have the right to require that the term of the Maintenance Bond be Page 14 of 21 9 Q- 873 City of Miami Hadley Park Pool Complex 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. 21. TERM 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 project 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 sewer facilities throughout the day on each full working day, weather permitting. b. Once the CITY commences construction on the property, building construction cannot be suspended, abandoned, or not in active progress for a period exceeding one hundred eighty (180) days. Page 15 of 21 94- 873 City of Miami Hadley Park Pool Complex 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, 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, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by the COUNTY 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, 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. 23. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the prevailing service charges for water supply, 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. 9 4_ 873 Page 16 of 21 City of Miami Hadley Park Pool Complex 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. CONDITIONS TO SERVICE. As a condition of this Agreement the CITY hereby agrees to execute a Unity of Title for the referenced property. 26. 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 94- 873 Page 17 of 21 City of Miami Hadley Park Pool Complex 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 the failure to properly maintain and repair the water facilities. 27. 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 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 94- 873 Page 18 of 21 City of Miami Hadley Park Pool Complex 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. 28. 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. 29. 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. 30. 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. 94-- 873 Page 19 of 21 City of Miami Hadley Park Pool Complex 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: METROPOLITAN DADE COUNTY signature print name signature By: print name Jorge S. Rodriguez, P.E., Deputy Director Miami -Dade Water and Sewer Department STATE OF FLORIDA COUNTY OF DADE The foregoing -instrument was acknowledged before me this day of , 19 , by Jorge S. Rodriguez, P.E., Deputy Director, of the Miami -Dade Water and Sewer. Department, who is personally known to me and did not take an oath. NOTARY PUBLIC SSA, NUMBER PRINT NAME Page 20 of 21 94- 873 City of Miami Hadley Park Pool Complex Attest: CITY OF MIAMI, A BODY_POLITI_C INCORPORATED UNDER THE LAWS OF STATE OF FLORIDA By: (SEAL) By: (SEAL) ,Secretary ,City Manager STATE OF FLORIDA COUNTY OF DADE The foregoing instrument day of , as City Manager, and a corporation, on behalf of the corporation. He/She/They are personally known to me or have produced as identification and did/did not take an oath. NOTARY PUBLIC PRINT NAME Approved as to Form and Legal Sufficiency: Assistant County Attorney was acknowledged before me this 19 , by as Secretary, of �•I I J7 r 151• APPROVED AS TO FORM AND C0RRGCTN5$i -4Z I ATTORNEY Apppo .:.0 S TO INIIS" ANCE cQt1 EhR NfSA ,U {NCE AGER 94- 873 Page 21 of 21 City of Miami Hadley Park Poo]. Complex EXHIBIT "B" OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND CITY OF MIAMI LEGAL DESCRIPTION THE EAST 560 FEET OF TRACT "B", "MANOR PARR" (PLAT BOOR 50 PAGE 85), CITY OF MIAMI, DADE COUNTY, FLORIDA. "A" 1 of 1 94- 873 f . 0 i , ■ ■ Q C r- 1 2- 5 4 W E D CITY OF M1.. 1 / SEC. 23 --53 -41 P _ 26 A6. uE Con 5f Y, Nw y4 S£C 23 .� .JJ r CITY OF 1-41AM� ` M>7►No2 ��" " J R. G w i V --___ A PORT lON OF TN£ SEC23 iwP53S RGE41e� EXHIBIT "A" -- 1 . LOCATION SKETCH FOR CITY Or MIAMI uACLEY PARK POOL.. DRAWN Gf� CHECKED SCALE WT OATS {O- IS -g MIAMI - DADE WATER AND SEWER AUTHORITY DEPARTMENT 34a- 873 City of Miami Hadley Park Pool Complex 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 Apartments Banquet Hall (per seat) Bars and Cocktail Lounges (per seat) Beauty Shop (per wet seat) Boarding School (Students and Staff) Bowling Alleys (toilet wastes only, per lane) Car Wash Coin Laundry (per machine) Country Clubs (per member) Day Schools (Students and Staff) •Drive-in Theaters (per car space) , Duplex Factories with showers Factories, no showers Funeral Homes Gas Stations Health Spa Hospitals with laundry Hospitals without laundry "B" 1 Of 2 100 gpcd (1) 200 gpd (2) 25 gpd 25 gpd 170 gpd 75 gpcd 100 gpd 3500 gpd 225 gpd 25 gpcd 10 gpcd 5 gpd 500 gpd 30 gpcd 10 gpd/100 sq. ft. 10 gpd/100 sq. ft. 450 gpd 35 gpd/100 sq. ft. 250 gpd/bed 200 gpd/bed 94- 873 City of Miami Hadley Park Pool Complex Type of Building Usages Hotels and Motels 200 gpd/room or unit Marinas 40 gpd/boat slip Mobile Home Parks 225 gpd/trailer Movie Theaters, Auditoriums, Churches (per seat) 3 gpd Nursing Homes 100 gpd/bed Office Buildings 10 gpd/100 sq. ft. Public Institutions (other than those listed herein) 75 gpcd Restaurants (per seat) 50 gpd Fast Food Restaurant (per seat) 35 gpd Take -Out Restaurant 10 gpd/100 sq. ft. Single Family Residence 350 gpd Shopping Centers 10 gpd/100 sq. ft. Townhouse Residence 250 gpd Stadiums, Frontons, Ball Parks, etc., (per seat) 3 gpd Stores without kitchen waste 5 gpd/100 sq. ft. Speculation Buildings 10 gpd/100' sq. ft. Warehouses 10 gpd/1000 sq. ft 30 gpd per bay or lot (1) gpcd - gallons per capita per day (2) gpd - gallons per day NOTES: (a) Sewage gallonage refers to sanitary sewage flow on unit basis for average daily glow in gallons per day. (b) Condominiums shall be rated in accordance with the type of (apartment, townhouse, etc.) "B" 2 of 2 94- 873 City of Miami Hadle, Park Pool Complex EXHIBIT "C" OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND CITY OF MIAMI BUILDING CONNECTION SCHEDULE Units Gallonage Completion of Building Connection 7,500 bathhouse and pool 2,625 1994 - 1995 "C" 1 of 1 94- 873 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 10 21 1994 TO : DATE : FILE Honorable Mayor and Members of the City Commission SUBJECT : Authorization to Execute Agreement with WASH/ Olympic Pool Complex at FROM : REFERENCES: Hadley Park Ces I For City Commission City j a ENCLOSURES : Meeting of 12/1/94 Recommendation: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute an agreement, in the attached form, with Metropolitan Dade County Water and Sewer Department, to receive water and sewer services for the proposed Olympic Pool Complex at Charles Hadley Park, Miami, Florida.; and further authorizing the Department of Public Works to design, bid and supervise the construction and installation of a water main as stipulated in said agreement with funds allocated in Capital Improvement Project No. 331391 Background: The Department of Development and Housing Conservation recommends the attached Resolution, authorizing the execution of an agreement so that water and sewer services may be provided by Dade County when construction of the new swimming facility at Charles Hadley Park is completed. In addition, under the terms and conditions stipulated in the agreement, the City is required to connect and install a new twelve (12) inch water main along N.W. 50th Street covering the entire northern boundary of the project. To do this, the Department of Public Works must do the design and prepare construction documents and specifications for bidding this work as soon as possible. Construction of the water main must be completed within the six (6) months construction period projected for the Olympic Pool Complex which started in November of this year. Attachments Proposed Resolution Agreement