HomeMy WebLinkAboutR-87-0540J-87-474
6/1/87
RESOLUTION NO. 87''q, Q
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI,
THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND
METROPOLITAN DADE COUNTY FOR THE CONSTRUCTION
OF WATER AND SANITARY SEWAGE FACILITIES AND
FOR THE PROVISION OF WATER AND SEWAGE
DISPOSAL SERVICES FOR THE MIAMI ARENA.
WHEREAS, the Miami Sports and Exhibition Authority is the
owner and Decoma Venture is the developer of a multi -purpose
covered Arena; and
WHEREAS,
the City of Miami owns
the
tract of
land which
the
Miami Arena is
being constructed on
and
such land
is in need
of
an adequate water and sewer facilities; and
WHEREAS, Metropolitan Dade County, through the Miami -Dade
Water and Sewer Authority Department, owns, services and operates
the water and sewage systems where the property upon which the
multi -purpose covered Arena is being built; and
WHEREAS, the Miami Sports and Exhibition Authority and
Decoma will install all necessary water and sewer infrastructure
and pay for all applicable construction costs and connection
charges; and
WHEREAS, on April 21, 1987, the Miami Sports and Exhibition
Authority passed a resolution authorizing the Agreement, and
WHEREAS, it is in the best interests of the citizens of the
City of Miami to enter into an Agreement with the Miami Sports
and Exhibition Authority and Metropolitan Dade County for the
construction of water and sanitary sewage facilities and for the
provision of water and sewage disposal services for the Miami
Arena;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Commission hereby authorizes the
City Manager to execute an agreement, in a form acceptable to the
CITY co
MEETING or,
JUN
IN 14. A
City Attorney, between the City of Miami, the Miami Sports and
Exhibition Authority and Metropolitan Dade County for the
construction of water and sanitary sewage facilities and for the
provision of water and sewage disposal services for the Miami
Arena,
Section 2. The total connection charges of Seventy -Two
Thousand, One Hundred, Sixty Dollars ($720,160.00) shall be paid
by the Miami Sports and Exhibition Authority and Decoma to
Metropolitan Dade County.
PASSED AND ADOPTED this llth day of June 1987•
oo�
XAVIER L. S Z, MAYOR
ATTEST:
CITY CLERK
PREPARED AND PROVED BY:
A
� •-
CHRIS ER G. KORGE
ASSIS CITY ATTORNE
AS TO FORM AND CORRECTNESS:
L %O%o & M 97 . W V V
CITY ATTORNEY
CGK/rd/M430
-2-
87 -54 ��
'4660�'- . , f r 39
Cr" OF MIAMI, FLORIOA
INTSR•OFFICE MEMORANDUM
to; Honorable Mayor and Members
of the City Commission
FROM: Cesar H. Odio
City Manager 60
RECORRBNDATION
DATE: J U H 0 31907 RILL:
DUOJECT: Resolution Authorizing the
Agreement of WASA Contract
for the Miami Sports Arena
REFERENCED:
ENCLOSURES: For City Commission
Meeting of 6/11/87
It is recommended that the City Commission adopt the attached
Resolution authorizing the City Manager to execute an Agreement
for the Construction of Water and Sanitary Sewage facilities and
for the Provision of Water and Sewage Disposal Services for the
Miami Sports Arena between Metropolitan Dade County, the City of
Miami and the Miami Sports and Exhibition Authority. The Miami
Sports and Exhibition ithority will be responsible for the
connection charge which shall not exceed $72,160.00.
BACKGROUND
The City of Miami, through the Department of Development,
acquired Block 44 and the north portion of Block 57 as part of
the Southeast Overtown-Park West Redevelopment Area Plan during
FY1986. The Miami Arena is situated on that land. Through a
ground lease agreement, the Miami Sports and Exhibition Authority
and Decoma Venture will pay the City of Miami an annual lease
payment of $300,000 a year for the use of that land.
In order to provide water and sewer service and disposal, an
agreement has been approved by the Miami Sports and Exhibition
Authority. Decoma Venture and the Miami -Dade Water and Sewer
Authority Department. The City of Miami is requested to enter
into the agreement because of its fee simple ownership. The
Miami Sports and Exhibition Authority and Decoma Venture are
required to pay for the connection charges which will not exceed
$72,160.00.
Upon authorization to enter into the attached agreement, Miami -
Dade Water and Sewer Authority Department will execute the
agreement through its Executive Director, thereby facilitating
the appropriate infrastructure for the effective provision of
water and sewer service to the Miami Arena.
Attachments:
Proposed Resolution
Agreement
ac-_ I
-ate - •, • -
*NCTT s the examination must be to a current date within 30
days prior to submittal to Miami -fade Water and Sewer
Authority Department.
METROPOLITM DADE COUNTY
MIAMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT
OPINION OF TITLE
To: DADE COUNTY, a political subdivision of the State of
Florida.
With the understanding that this opinion of title is
furnished to DADE COUNTY, FLORIDA# d1s an inducement for execution
of water and sewer service agreements covering the real property
hereinafter described. It is hereby certified that I (we) have
examined the complete Abstract of Title covering the period from
the BEGINNING to A.D. 19 , at
inclusive, of the following described real
property:
Basing my (our) opinion on said complete abstract 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:
U
Li
Subject to the following encumbrances, liens, 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
possession.
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 noted above will affect the use of
the property for the purposes set forth in the attached water and
sewer agreement.
I, the undersigned, further certify that I am an
attorney -at -law duly admitted to practice in the State of
Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted thisday
of 19�.
NAME
ADDRESS
87'-540.
s
Miami Sports
Arena
UNITY OF TITLE
This unity of Title, made and entered into this day
of t 19 , by The City of Miami, hereinafter
des gnated as the "CITY", to Metropolitan Dade County, a
political subdivision of the State of Florida, its successors and
assigns, hereinafter designated as the "COUNTY";
W I T N E S S E T H:
WHEREAS, the Miami -Dade Water and Sewer Authority
Department, hereinafter designated as the "DEPARTMENT", operates
the water and sewer systems owned by the COUNTY, and
as:
WHEREAS, the CITY is the Owner of that property described
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 the providing of 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:
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.
IN WITNESS WHEREOF, the CITY has caused these presents to be
executed and signed by its officials hereto on the day and year
first above set forth.
ATTEST:
By: (SEAL)
Clerk
STATE OF FLORIDA )
SS
COUNTY OF DADE )
THE CITY OF MIAMI
By: (SEAL)
City Manager
The foregoing instrument was acknowledged before me this
day of 19 , by '
and , Clerk and City
Manager, respectively, of The City of Miami.
Notary Public - State of F orida
at Large
My Commission Expires:
EXHIBIT "A"
MIAMI SPORTS ARENA
LEGAL DESCRIPTION
A ; c= Elocfc 4::t1. a portion of Blocs: 571"., ;.L. Knowlton Mao of Miami as
recorded in Plat Book "B" 4: Page 41 of the Public Records of Dade County,
Florida and a Portion G; tl.lr. 7th Street being more particularly described
as fcl ;o%,s:
• theast darner c; said Blocs. :=:1; thence run SOUTH along
t:e :A line o: said for a dis:=nce of 300.50 feet to ne
SCUT:�E sT corner cf said Black 4::1; thence run S39°59135"W along the SOUTH
line Gf said Block 4451 for a distance of 57.33 feet to a point; thence
-un 5:: ':5'll"E across :a'= *.*.'W. 7t~ Street and said Block 57N for a
distance .16 114.05 feet a point; thence run S89°59'35"W across said
Black :7;1 for a distance or 12.77 feet to a point; thence run S00°00'2S"E
across said Block 57N ;ter a distance of ;:.:i •feet to a point; thence
run 'fCG3'0' cQ"W across :a: _ race FIN for _ distance of 45.47 fee: tG
to
a coin: of Curvature of a circular curve cen_ave to the Northeast having
for its elements a central angle of 33°13'21" ano a radius of 568.14 feet;
then.-e run Westariy alone :he arc of said curve for a distance of 379.84
feet to a point on the center line of said 3.W. 7th Street; thence run
S89459'35"W along the center line of said t11.W. 7th Street for a distance
of 125.61 feet to a point of intersection with the Northerly extension
of the West line of said Block 5711; thence run N00°00'50'"E along the
tortherly extension of the West line of said Block 57N for a distance
of 5.00 feet to a point; thence run 1400°01'35"E, along the Southerly
extension of the West line of said Clock 4111 and along the West line of
said Block 441i, for a distance of 320.93 feet to the Northwest corner
of said Block '44N; thence run S89°58'00"E along the North line of said
Block 4aso'. for a distance of 502.02 feet to tre Point -of Beginning.
Containing 5.30 ± acres.
who 1 of I
i6
miami. Sports
Arena
COVENANT
THIS COVENANT, ,Wade and entered into this day of
19_, by The City of Miami, hereinafter
designated as the "CITY", and Miami Sports and Exhibition
Authority, hereinafter designated as the "DEVELOPER", to
Metropolitan Dade County, a political subdivision of the State of
Florida, its successors and assigns, hereinafter designated as
the "COUNTY";
W
I T N
E
S S E
T H:
THAT WHEREAS, the
CITY
is
the
fee owner of the following
described parcel of land, to wit:
See Exhibit "A" attached hereto.
WHEREAS, the DEVELOPER has requested a permit to construct,
operate and maintain private on -site sewer facilities, consisting
of sewage pumping stations, force main and collection system, to
provide the DEVELOPER with sanitary sewer service and connection
to a gravity sewer main owned by the COUNTY, and
WHEREAS, the DEVELOPER intends to operate and maintain said
private system in such a manner that sewage from the DEVELOPER'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 DEVELOPER from the
construction, operation and maintenance of said private sewage
system, the CITY and the DEVELOPER, which term includes
successors in interest and/or assigns, does hereby covenant and
agree with the COUNTY as follows:
1. The DEVELOPER shall obtain from all
governmental agencies the necessary permits and
approvals for construction of the private sewage system
to be installed on the CITY'S property.
2. After a permit has been issued, the DEVELOPER
will cause to be constructed or installed a private
sewage system on the CITY'S property which shall at all
times remain the sole, complete and exclusive property
of the CITY and/or the DEVELOPER and under the control
and operation of the CITY and/or the DEVELOPER, their
:successors and/or assigns.
3. The CITY and/or the DEVELOPER shall operate
and maintain said sewage system 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 and/or the DEVELOPER shall make, at its sole
expense, any reasonable changes or additions to keep
pressures compatible with the COUNTY'S system.
4. 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.
S. 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 DEVELOPER shall pay all
recording fees.
- 2
4C
Its WITNESS WHEREOF, the parties hereto have caused this
,instrument to be executed by their respective officials
thereunto, duly authorized, this day of
19,_,`.
THE CITY OF MIAMI
ATTEST:
By: (SEAL) By: (SEAL)
Clerk City Manager
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
day of , 19 , by ' ,
and , Clerk and City Manager, respectively,
of the City of Miami.
Notary Public - State of Florida
My Commission expires:
MIAMI SPORTS ARENA AND EXHIBITION AUTHORITY
WITNESSETH:
By:
Executive Director
STATE OF )
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by
Executive D rector of Miami Sports Arena and Exhibition
Authority.
Notary Public - State of Florida
My Commission expires:
- 3
Ali of Block 44N. a
recorded in Plat Book
Florida and a Portion
as follows:
EXHIBIT "A"
MZAMY SPORTS ARENA
LEGAL DESCRIPTION
portion of Block 57N, A.L. Knowlton Map of Miami as
"B" at Page 41 of the Public Records of Dade County,
of N.W. 7th Street being more particularly described
BEGIN at the Northeast corner of said Block 441'1; thence run SOUTH along
the E:�::T line of said 31ock 40 for a distance of 300.50 feet to the
SOUTHEAST corner of said Block 4411; thence run S89'59135"W along the SOUTH
line of said Block 4411 for a distance of 67.38 feet to a point; thence
run SCO'16'11"E across saic N.W. 7th Street and said Block 57N for a
distance of 114.05 feet to a point; thence run S89059'35"W across said
Block 5711 for a distance o` 12.77 feet to a point; thence run S00°OO'25"E
across said Block 57N foe a distance of ;;,.51 -feet to a point; thence
run 14E9'40'59"W across said Tract 5711 for a distance of 45.47 feet to
a Poin- of Curvature of a circular curve conzave to the Northeast having
for its elements a central angle of 38018'21" and a radius of 568.14 feet;
thence run Westeriy along the arc of said curve for a distance of 379.84
feet to a point on the center line of saiG N.W. 7th Street; thence run
S89059'35"W along the center line of said N.W. 7th Street for a distance
of 125.61 feet to a point of intersection with the Northerly extension
of the West line of said Block 57N; thence run N00°OO'56"E along the
Northerly extension of the West line of said Block 57N for a distance
of 5.00 feet to a point; thence run N00001'35"E, along the Southerly
extension of the West line of said Block 4-IN and along the West line of
said 810ck 44N, for a distance of 320.93 feet to the Northwest corner
of said Block '44N; thence run S89058'00"E along the North line of said
Block 44N, for a distance of 662.02 feet to the Point of Beginning.
Containing 5.30 ± acres.
"A" 1 of 1
87 540 .
iami Sports
Arens
AGREEMENT
FOR
THE CONSTRUCTION OF WATER AND SANITARY SEWAGE FACILITIES
AND FOR
THE PROVISION OF WATER AND SEWAGE DISPOSAL SERVICES
FOR
MIAMI SPORTS ARENA
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI AND
MIAMI SPORTS AND EXHIBITION AUTHORITY
LEGAL ADDRESS
Metropolitan Dade County
c/o Miami -Dade Water and Sewer Authority Department
P.O. Box 330316 _
Miami, Florida 33233-0316
The City of Miami
3500 Pan American Drive
Miami, Florida 33133
Miami Sports and Exhibition Authority
300 Biscayne Boulevard Way, Suite 1120
Miami, Florida 33131
4 a
Miami Sports
Arena
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, its successors and assigns, hereinafter
designated as the "COUNTY", and The City of Miami, hereinafter
designated as the "CITY", and Miami Sports and Exhibition
Authority, hereinafter designated as the "DEVELOPER";
W I T N E S S E T H:
WHEREAS, the CITY owns a certain tract of land in Dade
County, Florida, as described in Exhibit "A" attached hereto and
made a part hereof, hereinafter described as the "CITY'S
property", and
WHEREAS, the CITY'S property is considered suitable for
commercial development but is presently without adequate water
and sewer facilities, and
WHEREAS, the Miami -Dade Water and Sewer Authority
Department, hereinafter designated as the "DEPARTMENT", operates
the water and sewerage systems owned by the COUNTY, and
WHEREAS, the CITY'S property is located within the water and
sewer service areas of the DEPARTMENT, and
WHEREAS, the DEVELOPER is willing to install the necessary
water services, fire hydrants, firelines, sewage pumping
stations, force mains, gravity sewer mains, manholes, laterals
and other appurtenances at its expense to furnish water supply
and sewage disposal service to the DEVELOPER'S property, and is
willing to pay all applicable construction costs and connection
charges, and
WHEREAS, the COUNTY desires to allocate water and sewer
treatment plant capacity, if available, for the CITY'S property,
and to provide water service from its water transmission
facilities and sewage disposal service through its sewage
Page 2 of 10
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Miami Sports
Arena
1.
transmission facilities in the vicinity of the CITY'S property,
and
WHEREAS, the COUNTY, the City and the DEVELOPER recognize
that water is a natural resource of limited supply that must, be
regulated and controlled to assure an adequate supply for all
members of the public and that this natural resource must only be
the subject of a reasonable beneficial use so that the quantity
used is necessary for economic and efficient utilization for a
purpose and in a manner which is both reasonable and consistent
with the public interests, and
WHEREAS, the COUNTY, the CITY and the DEVELOPER recognize
that the supply of water and the collection and disposal of
sewage by the COUNTY for the CITY'S property is subject to
regulation, prohibition, limitation and restriction by local,
State and Federal governmental agencies, and
WHEREAS, the CITY and the DEVELOPER recognize and agree that
the COUNTY' S obligations for the provision of water and for the
collection and disposal of sewage for the CITY'S property are at
all times subject to such governmental regulation, prohibition,
limitation and restriction and that these factors are beyond the
control and responsibility of 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:
SECTION I
POINTS OF CONNECTION
The COUNTY shall provide for the CITY'S property an adequate
supply of potable water from existing COUNTY mains abutting the
' CITY'S property, which shall be the water points of connection.
The COUNTY shall make available for the DEVELOPER'S property
a hereinafter specified amount of sewage disposal capacity by
Page 3 of 10
Miami Oporto
Arena
means of a connection to an existing gravity sewer main located
. in Ai.
W. 8th
Street
at a point approximately
three hundred (300)
feet
west of
Miami
Avenue, which shall be
the sewer point of
connection.
Other points of connection may be established by mutual
consent of the parties hereto.
SECTION II
OVERSIZING BY THE COUNTY
All water and sewer facilities contemplated herein are
required to serve the CITY'S property and no oversizing credits
shall be allowed by the COUNTY.
SECTION III
DEVELOPER'S COSTS, CAPACITIES
AND PAYMENT SCHEDULE
The DEVELOPER shall pay for all engineering and construction
costs as outlined in this Agreement except as otherwise noted.
In addition, the DEVELOPER shall pay or cause to be paid water
and sewer connection charges equal to ninety cents ($0.90) and
eighty-six cents ($0.86), respectively, per daily rated gallon
for all those units to be constructed within the CITY'S property.
The rating for each type of unit and/or use is delineated in
Exhibit 'S" attached hereto and made a part hereof. The
DEVELOPER intends to construct a sports arena. with seventeen
thousand (17,000) seats. Therefore, the agreed total average
daily gallonage is fifty-one thousand (51,000) gallons. The
DEVELOPER is hereby granted a credit for ten thousand (10,000)
average daily gallons representing the water and sewer gallonage
requirements of the demolished buildings on the CITY'S property,
reducing the average daily gallonage to forty-one thousand
(41,000) gallons. Therefore, the water connection charge is
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Page 4 of 10 a"
. V'Rifli Sports
Arena
thirty-six thousand nine hundred dollars ($36,900.00) and the
sewer connection charge is thirty-five thousand two hundred sixty
dollars ($35,260.00). Total connection charges of seventy-two
thousand one hundred sixty dollars ($72,160.00) shall be paid by
the DEVELOPER to the COUNTY in the following manner:
(a) Five thousand dollars ($5,000.00) with the
execution of this Agreement.
(b) Twenty-two thousand three hundred eighty-six
dollars ($22,386.00) prior to the installation by
the COUNTY of any domestic water meters to serve
the CITY'S property.
(c) Twenty-two thousand three hundred eighty-seven
dollars ($22,387.00) on the six (6) and twelve
(12) month anniversary of the date established in
(b) above.
Any connection charges unpaid after thirty (30) days from
the due date shall accrue interest at the rate of twelve (12)
percent per annum until fully paid.
The parties hereto recognize that the total average daily
gallonage specified herein does not include any specific
restaurants. In the event it is determined that restaurants are
included, additional capacity is necessary so that connection
charges and capacity reservations shall be modified accordingly
and incorporated by addendum to this Agreement. The DEVELOPER
shall provide the COUNTY a list of any restaurants prior to any
domestic water meters being installed by the COUNTY for the
CITY'S property.
SECTION IV
COUNTY'S CAPACITY RESERVATIONS
The COUNTY shall provide an adequate domestic water supply
for, and shall receive, reserve capacity for, and dispose of,
pursuant to the conditions herein, sanitary sewage from the
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Page 5 of 10
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4
Miami sports
Arena
sports arena which the DEVELOPER intends to construct on the
CITY'S property, up to the average daily flow limitation of
fifty-one thousand (51,000) gallons per day. ' The COUNTY will
allow the connection of each unit constructed within the CITY'S
property at the time any such connection is required by the
DEVELOPER, provided that (a) a valid Operation Permit issued by
the State of Florida Department of Environmental Regulation for
the COUNTY'S applicable sewage treatment facility is in effect
containing provisos allowing additional connections, (b)
sufficient capacity in the COUNTY'S sewerage system is available,
and (c) water service by the COUNTY is available. However, in no
event will the COUNTY be obligated to supply any more water or
sewage treatment facility capacity in any one year than is called
for by the building' construction schedule attached hereto and
made a part hereof as Exhibit "D". Any variation from said
construction schedule calling for an increased yearly demand on
the water resources or sewage treatment facility capacity of the
COUNTY not specifically provided for in Exhibit "D" 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 or Federal government agencies
and the physical limitations on the COUNTY'S supply and treatment
capacity. In the event that the DEVELOPER does not utilize the
yearly amount of water or sewage treatment facility reservation
called for in Exhibit "D", said amount shall be available to the
DEVELOPER in the next calendar year subject to the limitations
and provisions of Section C-4 herein.
In consideration for the payment of the connection charges
set forth hereinabove, the COUNTY agrees to include the aforesaid
capacity in its regional water supply, production and
transmission facilities and regional sanitary sewer system for
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Page 6 of 10 197-4 ,
Miami sports
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the DEVELOPER and the CITY. However, it is mutually agreed and
understood by the COUNTY, the CITY and the DEVELOPER that the
said inclusion of capacity by the COUNTY does not guarantee
connections to the COUNTY'S water or sewerage systems nor
guarantee the ability of the COUNTY to supply water for or
receive and dispose of sewage originating from the CITY'S
property in the event that the COUNTY is prohibited, limited or
restricted from making such connections, or supplying such water,
in receiving such water from its source, or from 'reserving
capacity for or receiving and disposing of sewage, by local,
State or Federal governmental agencies having jurisdi^.tion over
such matters until such time as said prohibition, limitation or
restriction is revoked, altered or amended, thus allowing the
COUNTY again to render service. In any such event, the CITY and
the DEVELOPER agree that the COUNTY shall not be liable or in any
way responsible for any costs of losses incurred by the CITY or
the DEVELOPER as a result of such local, State or Federal
governmental regulation, intervention or control.
The COUNTY has the right to require of all those customers
within the CITY'S property that the quality and the charges for
the collection and treatment of the wastewater to be treated by
the COUNTY be in strict conformance with the standards and
conditions established by Federal and State regulations and the
COUNTY'S "Rules and Regulations for Sewer Service", now in effect
or as may be from time -to -time legally amended.
SECTION VII
SPECIAL CONDITIONS AND COVENANTS
A. Exhibits attached and incorporated by reference and
made part of this Agreement:
a. Exhibit "A" - Legal Description.
b. Exhibit "A-1" - Location Sketch
c. Exhibit "B" - Schedule of Daily stated Gallonage
for Various Occupancy.
rPage 7 of 1_
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Arena
d. Exhibit "C" .. General Conditions of Agreement.
e. Exhibit "D" Building Construction Schedule
B. Additional Conditions and Covenants
a. 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
I 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 unit or commercial establishment
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 supply 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 DEVELOPER'S property, so that the COUNTY can
adequately determine the demand for water and sewage
disposal capacity upon its system 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. In
the event that the CITY'S property or a portion thereof is
transferred or conveyed by the DEVELOPER, the DEVELOPER
shall remain liable to the COUNTY for all sums of money and
all obligations due hereunder unless released in writing by
the COUNTY. The COUNTY shall not consent to an assignment
of the DEVELOPER'S obligation to pay connection charges in
the event that a portion of the CITY'S property is
transferred or conveyed.
i
'age B of 10
• Miami Sports
Arena
b. The CITY, COUNTY and the DEVELOPER agree that the
on -site sewer facilities, consisting of pumping stations,
force main and collection system, installed within the
CITY'S property, shall at all times remain the sole,
complete and exclusive property of the CITY and/or the
DEVELOPER and under the control and operation of the CITY
and/or DEVELOPER. The CITY and/or DEVELOPER further agree
that it shall operate and maintain said facilities in an
efficient manner and in complete compatibility with the
COUNTY'S system. The CITY and/or the DEVELOPER agree to
make, at its sole expense, any changes or additions to its
private facilities, which, from time -to -time, may be
required in order to be compatible with the COUNTY'S system.
Failure by the CITY and/or DEVELOPER to implement the
changes or additions shall be cause for the termination of
service by the COUNTY.
c. The COUNTY shall require the CITY to execute Unity
of Title and Covenant instruments as a condition of the
COUNTY'S allowance of private on -site sewer facilities.
Said instruments shall be prepared by the COUNTY and
returned to the COUNTY with the execution of this Agreement.
d. The COUNTY'S Rules and Regulations specify that no
water or gravity sewer mains owned and operated by the
COUNTY can be located under buildings or appurtenances
thereto. The DEVELOPER hereby acknowledges that there are
existing gravity sewer mains located within the COUNTY'S
property which must be relocated and/or abandoned to satisfy
this specification. The cost of said relocation or
abandonment shall be the sole responsibility of the
DEVELOPER. Said relocation or abandonment shall be
performed by or for the DEVELOPER in accordance With plans
and specifications to be approved by the COUNTY and in such
a manner that there will, be no interruption of service to
the COUNTY'S existing customers.
Page 4 of 10
'MS4
tN WITNESSETH WHEREOFo the parties hereto have caused this
instrument to be executed by their respective officials
thereunto, duly authorized this day of
19___.__ •
WITNESSETH:
By:
METROPOLITAN DADE COUNTY
Garrett Sloan, Director
Miami -Dade Water and Sewer
Authority Department
STATE OF FLORIDA )
SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
day of , 19 by Garrett Sloan,
Director of the Miami -Dade Water and Sewer authority Department.
Attest:
By: (SEAL)
Clerk
STATE OF FLORIDA )
SS
COUNTY OF DADE )
Notary Public - State of Florida
My Commission Expires:
THE CITY OF MIAMI
By: ( SEAL)
City Manager
The foregoing instrument was acknowledged before me this
day of , 19 by
and
City Manager and Clerk, respectively, of the City
of Miami.
Notary Public - State of Florida
My Commission Expires:
Page 10 of 11
T
WITNESSETH:
MIAMI SPORTS AND EXHIBITION AUTHORITY
By:
Executive Director
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
_ day of , 19 by
Executive Director of Miami Sports and
Exhibition Authority.
Approved as to Form and
Legal Sufficiency:
Assistant County Attorney
Notary Public - State of Florida
My Commission Expires:
Approved as to Form and
Legal Sufficiency:
City Attorney
L
EXHIBIT "A" OP AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI AND
MIAMI SPORTS AND EXHIBITION AUTHORITY
LEGAL DESCRIPTION
All of Block 44N. a portion of Block 57t1, A.L. Knowlton Map of Miami as
recorded in Plat Book "B" at Page 41 of the Public Records of Dade County,
Florida and a Portion of N.W. 7th Street being more particularly described
as follows:
BEGIN at the Northeast corner of said Block 401; thence run SOUTH along
the EAST line of said Block 44N for a distance of 300.50 feet to the
SOUTHEAST corner of said Block 44N; thence run S89459'35"W along the SOUTH
line of said Block 4411 for a distance of 67.38 feet to a point; thence
run 500*16'11"E across 'said N.W. 7th Street and said Block 57N for a
distance of 114.05 feet to a point; thence run S89°59'35"W across said
Block 57N for a distance of 12.77 feet to a point; thence run S00°00'25"E
across said Block 57N fo- a distance of ;5.51 -feet to a point; thence
run t189°40'59"W across said Tract 57t1 for a distance of 45.47 feet to
a Point of Curvature of a circular curve concave to the Northeast having
for its elements a central angle of 38°13'21" and a radius of 568.14 feet;
thence run Westeriy along the arc of said curve for a distance of 379.84
feet to a point on the center line of laic N.W. 7th Street; thence run
S89059'35"W along the center line of said N34. 7th Street for a distance
of 125.61 feet to a point of intersection with the Northerly extension
of the West line of said Block 57N; thence run N00°00'56"E along the
Northerly extension of the West line of said Block 57N for a distance
of 5.00 feet to a point; thence run NOO°O1'35"E, along the Southerly
extension of the West line of said Block 441 and along the West line of
said Block 44N, for a distance of 320.93 feet to the Northwest corner
of said Block '44N; thence run S89°58'00"E along the North line of said
Block 44N. for a distance of 602.02 feet to the Point of Beginning.
Containing 5.30 ± acres.
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EXHIBIT WSW OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI AND
MIAMI SPORTS AND EXHIBITION AUTHORITY
SCHEDULE OF DAILY RATED GALLONAGE FOR
VARIOUS OCCUPANCY
Types of
Building Usages
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)
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
Hospitals with laundry
Hospitals without laundry
Hotels and Motels
Mobile Home Parks
Movie Theaters, Auditoriums, Churches
(per seat)
Nursing Homes
Office Buildings
NSW 1 of 2
200 gpd(1)
25 gpd
25 gpd
170 gpd
75 gpcd (2)
100 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
250 gpd/bed
200 gpd/bed
200 gpd/room or unit
225 goAtrailer {
3 gpd
150 gpd/bed
10 gpd/100 sq. ft.
Types of
Suilding_Usaves
Public Institutions (other than those
listed herein) 75 gpcd
Restaurants (per seat) 50 gpd
Fast Food Restaurant (per seat) 35 gpd
Take-out Restaurant 50 gpd/100 sq. ft.
(350 gpd Minimum)
Single Family Residence 350 gpd
Shopping Centers
10
gpd/100 sq.
ft.
Townhouse Residence (b)
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
30
gpd plus
10
gpd/1000 sq.
ft.
(1) gpd - gallons per day.
(2) gpcd - gallons per capita per day.
NOTES: (a) Sewage gallonage refers to sanitary sewage flow on unit
basis for average daily flow in gallons per day.
(b) Condominiums shall be rated in accordance with the type
of (apartment, townhouse, etc.)
u
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"B" 2 of 2 r.
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EXHIBIT "C"
GENERAL CONDITIONS OF AGREEMENT
SECTION C-1
SERVICE AREA
The responsibility of the COUNTY to provide water and/or
sewage disposal service under this Agreement shall be limited to
the property presently owned by the CITY, as described in Exhibit
"A" attached hereto and made a part hereof, hereinafter referred
to as the "CITY'S property".
SECTION•C-2
CONSTRUCTION OF FACILITIES
A. The DEVELOPER shall design, construct and install, or
cause to be designed, constructed and installed, at its own cost
and expense except as herein noted, all of the necessary water
and/or sewer facilities contemplated under this Agreement. Said
facilities shall include any and all water mains, valves,
fittings, fire hydrants, firelines, service connections, service
lines, shutoffs and meter boxes, sewage pumping stations, force
mains, gravity sewer mains, laterals, manholes, services and all
appurtenances for a complete system installation. Connections to
the COUNTY'S mains shall also be at the DEVELOPER'S cost. The
COUNTY shall, at its own expense, provide and install the
required water meter as a part of any DEVELOPER -constructed water
service installation. Ownership by the COUNTY shall terminate at
the outlet side of each water meter or at the property or
easement line for sewer facilities. The DEVELOPER shall bear the
full expense of all onsite private facilities including plumbing
and said facilities shall be owned, operated and maintained by
the DEVELOPER, its successors, and/or assigns. Onsite private
facilities are hereby defined as all facilities not located
within dedicated rights -of -way or COUNTY -owned easement areas.
Credits, if any, by the COUNTY for the oversizing of facilities
are specified in Section II of this.Agreement.
"C" 1 of 12
3
S. The construction of all facilities designated herein to
.be owned by the COUNTY shall be in accordance with plans and
specifications to be prepared by the DEVELOPER'S engineer and
submitted to the COUNTY for approval. The CITY and/or the
DEVELOPER agree that upon satisfactory completion of the
installation of said facilities, including construction of
roadways above any gravity sewer facilities contemplated under
this Agreement, in accordance with requirements of the COUNTY'S
Inspection -Division, it shall convey to the COUNTY by appropriate
and proper Bill of Sale, and for a consideration of ten dollars
($10.00), all of the right, title and interest of the CITY and/or
the DEVELOPER in and to such facilities, free and clear of liens
and encumbrances. The CITY agrees to grant or cause to be
granted to the COUNTY any easements required by the COUNTY for
the operation and extension of the facilities at no cost to the
COUNTY. No facilities shall be installed by the DEVELOPER, nor
shall any easements be accepted by the COUNTY, under any
buildings or appurtenances thereto. The DEVELOPER shall pay for
all recording fees and for all documentary stamps. The details
for all conveyances are specified in Section C-3 herein.
C. All items of design and construction for facilities to
be owned by the COUNTY shall conform to the COUNTY'S standards
and regulations governing such water and/or sewer facilities as
herein noted. The COUNTY shall have the right but not the
obligation to make engineering inspections of all the
construction work performed by or for the DEVELOPER under the
terms of this Agreement including both onsite and offsite
facilities, and regardless of whether or not the facilities will
be subsequently owned by the COUNTY. Such inspections shall not
be construed to constitute any guarantee on the part of the
COUNTY as to materials or workmanship, nor shall they relieve the
DEVELOPER of the responsibility for the proper construction of
said facilities in accordance with the v-,% 4 emen4. of apF
"C" 2of'12
plans and specifications or any warranties made by the DEVELOPER
as to the quality and condition of the materials and workmanship.
D. During construction and at the time when various tests
are required, the COUNTY'S engineer or its authorized
representative, together with the DEVELOPER'S engineer and
contractor, will jointly be present to witness tests for
determination of conformance with approved plans and
specifications. The DEVELOPER shall notify the COUNTY a minimum
of twenty-four (24) hours in advance of said tests so that the
COUNTY may make the necessary arrangements for witnessing these
tests.
E. The COUNTY reserves the right to schedule a
construction meeting with the DEVELOPER'S representatives
(Engineer, Project Manager, Construction Superintendent, etc.)
with respect to project related matters. Said meeting shall be
given twenty-four (24) hours notice and is to be held in the
COUNTY'S offices or at a place convenient to the project as
designated by the COUNTY.
F. The DEVELOPER or its agents shall be fully responsible
for obtaining all required approvals from other governmental
agencies and for obtaining all necessary construction permits for
all those facilities contemplated in Subsection A herein.
G. Certain Federal, State and County agencies, including
but not limited to the State Department of Transportation, the
South Florida Water Management District and the U.S. Corps of
Engineers, the Florida East Coast Railroad and the Seaboard
System Railroad may require that the COUNTY be named as permittee
even though the DEVELOPER'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
DEVELOPER shall provide the DEPARTMENT with sufficient security
an acceptable to the COUNTY which shall indemnify and protect the
COUNTY from all claims, liability, loss, cost and expense,
r
including reasonable attorney's fees, related to work performed
M N
C 3 of 12 87"wS
.40 4
by the OMMLOP99 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 DEVELOPER shall have sixty (60) days to resolve any claims by
a permittor. Otherwise, the Department shall pay said claims
from the security. The DEVELOPER shall be liable for all costs
in excess of the security.
H. In the event that 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 and the DEVELOPER hereby agrees to
pay to the COUNTY its standard service line installation charge
prior to any such installation.
SECTION C-3
CONVEYANCE OF FACILITIES TO COUNTY
A. Following completion of the water and/or sewer
facilities contemplated herein for COUNTY ownership, the COUNTY
shall prepare, on a timely basis, conveyance instruments relating
to said facilities. Those instruments may include Bills of Sale,
Releases of Lien, Grants of Easement and Warranty Deeds as
required. All such required instruments must be properly
executed and delivered to and accepted by the COUNTY prior to the
rendering of water and/or sewer service by the COUNTY. These
conveyances shall be accompanied by copies of paid bills and/or
lien waivers, releases, or satisfactions, together with a
breakdown of the actual cost of said facilities. Concurrently
with the legal instruments required hersinabove, the DEVELOPER
shall furnish the COUNTY with one (1) set of Mylar as -built
drawings showing specific locations, depths, etc., of all
facilities as located by a licensed surveyor, along with one (1)
print of the as -built drawings which has been sealed by the
surveyor and certified by the Engineer of Record. Approval by
the COUNTY of all required conveyance instruments and r 1 d
"C" 4 of 12
material specified herein shall constitute final acceptance by
the COUNTY of said facilities. The CITY and the DEVELOPER agree
with the COUNTY that, following final acceptance, the facilities
installed by the DEVELOPER and to be owned by the COUNTY pursuant
i
to the terms hereof shall at all times remain the sole, complete,
i
and exclusive property of the COUNTY and under the exclusive
control and operation of the COUNTY.
B. The DEVELOPER warrants that the water and/or sewer
facilities to be owned by the COUNTY shall be free from any and
all defects in materials and workmanship. The DEVELOPER also
warrants that it shall be solely responsible for the repair of
any damages to said facilities caused by persons in its
employment. Said warranties shall remain in full force and
t effect for a period of one (1) year from the date of final
i acceptance of the faciliites by the COUNTY. In the event it
' becomes necessary to repair and/or replace any of the facilities
z
during the initial one (1) year period, then the warranty as to
those items repaired and/or replaced shall continue to remain in
2
E effect for an additional period of one (1) year from the date of
final acceptance by the COUNTY of those repairs and/or
replacements.
t Simultaneously with the conveyance of said water and/or
i;
t: sewer facilities, the DEVELOPER shall deliver to the COUNTY an
,
executed Maintenance Bond in the total amount of the actual cost
t
of construction of said facilities. The Maintenance Bond may be
written with the DEVELOPER'S contractor as "Principal" and the
t
DEVELOPER and the COUNTY as "Co -obligees" or the COUNTY as sole
obligee. In the alternative, the DEVELOPER 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 that
i
work. In the event that there is not substantial building
"CO 5 of 12
i '-a 4
I
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 for an extended period not to
exceed two (2) years.
Upon demand by the COUNTY, the DEVELOPER shall correct or
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 DEVELOPER and/or its
Surety shall be liable to the COUNTY for all costs arising
therefrom.
C. Conveyance of all easements shall be by a separate
1
instrument in recordable form to be 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 by such instrument, 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 in the COUNTY. Failure of
the CITY and/or the DEVELOPER to provide proper conveyance shall
be cause for the COUNTY to refuse to render service until all
provisions for proper conveyance have been satisfied.
D. The bonds referred to in Section C-2(G) and Section
C-3(B) herein 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 Beat's Key Rating
Guide General Policyholder's Rating of "A" or better and a
Financial Category of Class "X" or better to 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. A bond must be
F
countersigned by the surety's resident Florida agent.
"C" 6 of 12
E. Acceptance and conveyance as herein outlined may be
accomplished for reasonable system segments as may be mutually
agreed upon. Failure of the CITY and/or the DEVELOPER to provide
proper conveyance for any such segment shall be cause for the
COUNTY to refuse to serve that segment until all provisions for
proper conveyance have been satisfied.
SECTION C-4
NON-PERFORMANCE
The CITY, the DEVELOPER and the COUNTY recognize within
the
preamble of this Agreement that the supply of water to meet
the
needs of Dade County is a limited resource that must be
the
subject of a reasonable -beneficial use and that allocations
of
capacity of this resource cannot be of unlimited duration since
for each party who is granted such allocation another may not
be
able to receive the quantity of water required at the time it
may
be needed. Accordingly, the CITY, the DEVELOPER and the COUNTY
recognize that time is of the essence of this Agreement.
This Agreement shall be deemed null and void
and
unenforceable if the DEVELOPER fails to comply with any of
the
following conditions, where applicable:
1. The DEVELOPER must provide the COUNTY with
satisfactory proof that proper application to the Board
of County Commissioners and/or to the Dade County
Zoning Appeals Board for additional zoning or variance
matters relating to the DEVELOPER'S property has been
made within one hundred twenty (120) days of the date
of this Agreement;
2. The DEVELOPER must provide the COUNTY with
satisfactory proof of an approved site plan or recorded
plat for the DEVELOPER'S property within one hundred
fifty (150) days of the County's disposition of the
application referred to in 1 above;
"C" 7 of 12
3. Work on the C1TY'S property must be commenced
within one hundred eighty (180) days of the date of the
submission of satisfactory proof of an approved site
plan or recorded plat, referred to in 2 above. For
purposes of this Section, work is defined as having a
full complement of workmen and equipment present at the
site throughout the day on each full working day,
weather -permitting, to make improvements to land for
its permanent benefit.
4. Once the DEVELOPER commences work on the
property, work cannot be suspended, abandoned, or not
in active progress for a period exceeding one hundred
eighty (180) consecutive days.
5. Once the DEVELOPER commences building
construction on the property, building construction
cannot be suspended, abandoned, or not in active
progress for a period exceeding one hundred eighty
(180) consecutive days. For the purposes of this
Section, a building shall be deemed to be under
construction upon the pouring of its foundation.
In addition, any portion of the total capacity reservation*as set
forth in Section III herein not in use at the time of the
abandonment, suspension or lack of active work progress, as
r
prescribed herein, shall be automatically rescinded and of no
further force and effect and the COUNTY shall not be liable for
any damages, costs or claims caused by or arising from said
rescission or cancellation. If Conditions 1 and 2 hereinabove
are not applicable to the CITY'S property, then they shall be
eliminated and the initial time period specified in Condition 3
hereinabove shall be two hundred seventy (270) days. This
provision shall not be applicable if the failure to commence or
pursue active work progress is due to any reason enunciated in
Section C-6 herein.
"C" 0 of 12
The DEVELOPER herein warrants that it will make its best
effort to comply with all the conditions of this Section;
however, the COUNTY recognizes that strict compliance may impose
a severe burden upon the DEVELOPER. In such case, the COUNTY
will consider and not unreasonably withhold its consent to minor
variations in timing or substance if such variation is requested
in writing by the DEVELOPER to the COUNTY at least 10 days prior
to the anticipated date of the occurrence of the variation
requested. As a condition precedent to any variation allowed by
the COUNTY, the DEVELOPER shall comply with all changes in the
COUNTY'S standards, charges and rates that may have n^curred
subsequent to the date of this Agreement.
Any monies paid to the COUNTY shall be retained and applied
toward costs incurredbythe COUNTY at the time of abandonment,
suspension or lack of active work. Any surplus funds remaining
after satisfaction of all COUNTY costs shall revert to the
DEVELOPER.
SECTION C-5
HOLD AND SAVE HARMLESS
For ten dollars ($10.00) and other good and valuable
consideration paid by the COUNTY to the CITY and the DEVELOPER,
receipt of which is hereby acknowledged, the CITY and the
t
DEVELOPER agree to indemnify and hold the COUNTY harmless forever
from all damages, liability, cost and expense, including
reasonable attorney's fees, related to negligence of the CITY
and/or the DEVELOPER, its officers, agents and employees and from
any foreseeable damage to the facilities constructed by the
DEVELOPER and donated to the COUNTY caused by negligence of the
CITY and/or the DEVELOPER, their officers, agents and employees.
Indemnification shall include costs for physical repair of the
COUNTY'S systems.
For ten dollars ($10.00) and other good and valuable
consideration paid by the DEVELOPER and the CITY to the COUNTY,
'ICU 9 of 12 M,
t
receipt of which is hereby acknowledged, the COUNTY agrees to
indemnify and hold the DEVELOPER and the CITY harmless from any
foreseeable damages resulting from the COUNTY'S negligence in the
operation of the COUNTY'S systems. However, nothing herein is
intended to create any liability of the COUNTY beyond the scope
of Section 768.28, Florida Statutes now in effect or as lawfully
amended in the future.
SECTION C-6
FORCE MAJEURE
Should either party be prevented from performing ,any
obligations or conditions herein (including but not limited to
water and/or sewer service) or from exercising its rights due to
or resulting from a force majeure or necessary maintenance work,
breakdown of or damages to machinery, pumps or pipelines; such
party shall be excused from performing such obligations or
conditions. The term "force majeure" as used herein means Acts
of God; strikes, lockouts, or other industrial disturbances; acts
of public enemies, blockades, wars, insurrections or riots;
epidemics, landslides, earthquakes, fires, storms, floods, or
washouts; governmental restraints, either federal, stake or
county, civil or military; civil disturbances; explosions;
inability of COUNTY to obtain necessary materials, supplies,
labor, or permits whether •due to existing or future rules,
regulations, orders, laws or proclamations, either federal, state
or county, civil or military, or otherwise; and other causes
beyond the control of either party, whether or not specifically
enumerated herein.
SECTION C-7
GENERAL COVENANTS AND CONDITIONS
The COUNTY shall have the right to refuse to provide service
to any lot or building within the CITY'S property until the
"C" 10 of 12
.k.
87
DEVELOPER complies with all of the terms and conditions of this
Agreement.
The DEVELOPER agrees to pay or cause to be paid to the
COUNTY such 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, to occupants and subsequent owners within the CITY'S
property. These service charges shall be based on rates which
are in accordance with those retail rates as presently
established by the COUNTY or as subsequently amended.
The COUNTY is empowered to require the owner or occupant of
any land within the CITY'S property to enter into a written
service contract or agreement for retail water, fire and/or sewer
service under the standard terms and conditions as promulgated by
the 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.
With the execution of this Agreement, the CITY or DEVELOPER,
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 title to the property referenced herein.
This Agreement supersedes all previous agreements or
representations, either oral or written, heretofore in effect
between the CITY, the DEVELOPER and the COUNTY and made with
respect to the matters contained herein, and when duly executed
constitutes the complete Agreement between the CITY, the
DEVELOPER and the COUNTY.
All notices required pursuant to this Agreement shall be
mailed by United States registered or certified mail to the
parties and addresses indicated on Page 1 of this Agreement. The
COUNTY agrees that the CITY and/or DEVELOPER shall have thirty
k
"C" 11 of 12
874w5R
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Ja
1301 days from the date of mailing to correct any items in
default to the satisfaction of the COUNTY.
The headings and subheadings used throughout this Agreement
are for convenience only and have no significance in the
interpretation of the body of this Agreement, and the parties
hereto agree that they be disregarded in construing the
provisions of this Agreement.
The recitations contained in the Preamble of this Agreement
are true and correct and are 'hereby incorporated as an integral
and material part of this Agreement.
The signature of any person to this Agreement shall, be
deemed a personal warranty by that person that he has the power
and authority to bind any corporation or partnership or any other
business entity for which he purports to act.
This Agreement 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 or DEVELOPER shall pay
all recording fees.
"C" 12 of 12
Miami Sports
Arena
EXHIBIT "D" OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI AND
MIAMI SPORTS AND EXHIBITION AUTHORITY
BUILDING CONSTRUCTION SCHEDULE
Units Gallonage
16,590 seat sport arena 49,770
Completion
of
Building Construction
1988
4
two