Loading...
HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI FAIRLAWN PARK, ID# 31865 AGREEMENT r WATER FACILITIES BETWEEN MIAMI-DADE COUNTY CITY OF MIAMI This instrument prepared by: Christopher Schaffer New Business Contracting Officer Miami -Dade Water and Sewer Department 3675 S. LeJeune Road Miami, Florida 33146-2221 CITY OF MIAMI FAIRLAWN PARK, ID# 31865 THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, this day of 2023, by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY", whose mailing address is: c/o Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, Florida 33233-0316, and CITY OF MIAMI, a Florida municipal corporation of the State of Florida, hereinafter designated as the "CITY", whose mailing address is: 444 N.W. 2 Avenue, Suite 325, Miami, Florida 33130. WIT NESSETH: WHEREAS, the CITY desires to remove and relocate water mains which serve a public park owned by the CITY, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated as the "DEPARTMENT", operates the water system owned by the COUNTY, NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: 1. CITY"S PROPERTY. The CITY owns a certain tract of land in Miami -Dade County, Florida, which is described in Exhibit "A" attached hereto and made a part hereof, hereinafter sometimes described as the "CITY'S property". The CITY has requested that the DEPARTMENT allow the removal and relocation of water facilities within the CITY'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. WAIVER. No delay or failure to exercise a right under this Agreement or any other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or indulgence of any breach of this Agreement or series of breaches shall be deemed or construed as a waiver of any other breach of same or as voiding or altering any other obligation of the parties under this Agreement or any other Agreement. No order or directive given by the COUNTY or its agents shall be considered as waiving any portion of this Agreement unless done in writing by a person having actual authority to grant such waiver. 3. PROVISION OF SERVICE AND CONNECTION CHARGES. The CITY intends to remove and relocate water facilities within property owned by the CITY, without any new development connecting to such water mains under this Agreement. Therefore, there is no average daily gallonage increase, and no additional water connection charges associated with this Agreement. Page 2 of 12 CITY OF MIAMI FAIRLAWN PARK, ID# 31865 4. POINTS OF CONNECTION, The DEPARTMENT shall provide points of connection to the CITY based on the project as specified in the Agreement. The CITY shall provide plans for the DEPARTMENT'S review based on the points of connection. Points of connection shall not be changed without prior approval by the DEPARTMENT. 5. DISCLAIMER FOR ATLASES AND AS-BUILTS: Please be advised that the Atlases and As-Builts provided by the CITY are a part of Miami -Dade County records, and discrepancies between the existing field conditions and the information shown on records may exist due to the age of the records and/or changes in the field conditions that have not been reported. Therefore, the COUNTY will not be held responsible or liable for any discrepancies and/or any consequences and inconveniences such discrepancies may cause. It is the CITY'S responsibility to field verify the information shown on the records, including the existence of sewer laterals. If the sewer lateral cannot be found buried in the field, it is the CITY'S responsibility to install the lateral at its own expense. 6. 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 facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines, service connections, service lines, shutoffs, meter boxes, air release valves and all appurtenances thereto for a complete installation. The final design and construction of the facilities shall meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" for water service, shall be in accordance with the latest revision of the DEPARTMENT'S "Design and Construction Standard Specifications and Details", and shall be subject to approval by the DEPARTMENT. 7. INSPECTION. The COUNTY shall have the right but not the obligation to make engineering inspections of all the construction work performed by the CITY under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the CITY of responsibility for the quality and condition of materials and workmanship. 8. TESTS. During construction and at the time when various tests are required, the COUNTY'S. engineer or its authorized representative, together with the CITY'S engineer and contractor, shall jointly be present to witness tests for determination of Page 3 of 12 CITY OF MIAMI FAIRLAWN PARK, ID# 31865 conformance with approved plans and specifications. The CITY shall notify the COUNTY a minimum of twenty-four (24) hours in advance of the tests. 9. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule construction meetings with the CITY'S representatives (Engineer, Project Manager, Construction Superintendent and others) at a place designated by the COUNTY with respect to project related matters upon twenty-four (24) hours notice. 10. SUBCONTRACTORS AND CONSULTANTS. The COUNTY reserves the right, at any time, to bar any subcontractor or consultant employed by the CITY from engaging in any sort of work or activity related to this Agreement, if such be in the interests of the COUNTY. In the event the COUNTY rejects any subcontractor or consultant, said subcontractor or consultant will immediately cease work on anything related to this Agreement. The CITY shall not be entitled to compensation for any monies previously paid to any subcontractor or consultant if said subcontractor or consultant is rejected by the COUNTY. 11. COMPLIANCE WITH ALL LAWS. The CITY, at its own cost and expense, shall comply with all applicable laws, statutes, rules, and ordinances in carrying out the activities contemplated herein. 12. 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. Notwithstanding anything else contained herein to the contrary, this Agreement shall not constitute or be interpreted as a waiver of any requirements of any other agency of Miami -Dade County and/or any requirements of the Code of Miami -Dade County. The CITY is responsible for obtaining all permits as may be required for the work contemplated herein pursuant to the Code of Miami -Dade County. 11 COUNTY AS PERMITTEE. Certain federal, state and county agencies, including but not limited to the State of Florida Department of Transportation, the South Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though the CITY or the CITY'S contractor will actually perform the work. To insure that the COUNTY will incur no costs or liability as a result of being named permittee on such permits, the CITY shall provide sufficient security as acceptable to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions, judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to work performed by 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 Page 4 of 12 CITY OF MIAMI FAIRLAWN PARK, 1D# 31865 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. 14. TREATMENT AND TRANSMISSION CAPACITY. In addition to the covenants and conditions set forth herein, water service to be rendered by the COUNTY is subject to the following: a. Available water by the COUNTY. 15, ALLOCATION OF CAPACITY. There is no allocation of the DEPARTMENT'S regional water supply, production and transmission facilities, for the removal and relocation of water facilities, as specified in paragraph 3 hereinabove. 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, with a twenty-five (25) foot minimum vertical clearance above the finished grade. The DEPARTMENT shall have twenty-four (24) hour access to the easement for emergency purposes. If the facilities are not located in platted easements, then easements shall be provided to the COUNTY by the CITY prior to the COUNTY'S rendition of water service to the CITY'S property. The CITY may not place any pavers or other structures in an easement area which would prevent the DEPARTMENT, at its sole discretion, from making full use of the easement, and the CITY shall remove same, at the CITY'S cost, at the direction of the COUNTY. The CITY may place pavers or other structures in the easement area if such pavers or other structures can be removed, with minimal effort by the DEPARTMENT, in the event that such pavers or other structures need to be removed in order for the DEPARTMENT to make use of the easement; the CITY places such pavers or other structures in the easement area at its own risk, and the DEPARTMENT shall not be liable for any costs incurred by the CITY in replacing any such pavers or other structures removed by the DEPARTMENT. 17. CONVEYANCE OF TITLE. Conveyance of all easements shall be by separate instruments in recordable form as approved by the COUNTY and shall be accompanied by a written opinion of title by an attorney licensed to practice law in the State of Florida, which states that the PROPERTY OWNER 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 PROPERTY OWNER, a valid and enforceable easement will be vested to the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. The details for all conveyances are specified herein. Failure of the CITY to provide proper conveyances shall because for the COUNTY to refuse to render service to the CITY'S property. Page 5 of 12 CITY OF MIAMI FAIRLAWN PARK, IDS' 31865 18. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water facilities contemplated herein for COUNTY ownership, the COUNTY shall provide a conveyance package for execution by the CITY. The properly executed documents shall be delivered to and accepted by the COUNTY prior to the rendition of water service by the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. These conveyances shall be accompanied by copies of paid bills and lien waivers, releases, or satisfactions from all persons who performed work on the CITY'S property and all persons who incorporate materials into the property, togetherwith a breakdown of the actual costof said facilities. Concurrently, the CITY shall furnish the COUNTY with as -built drawings which meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" and shall be in accordance with the latest revision of the DEPARTMENT'S "Design and Construction Standard Specifications and Details", and shall be subject to approval by the DEPARTMENT. Approval by the COUNTY of all required documents and drawings shall constitute final acceptance by the COUNTY of said facilities. After final acceptance, the facilities shall remain at all times the sole, complete, and exclusive property of the COUNTY and under the exclusive control and operation of the COUNTY. 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 water facilities shall commence within three hundred sixty-five (365) days from the execution date. Work shall be considered to have commenced and be in active progress when engineering drawings are submitted to the DEPARTMENT for review and approval, and, upon the DEPARTMENT'S issuance of said approval, a full complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the construction of the water facilities throughout the day on each full working day, weather permitting. b. Once the CITY commences work on the water facilities, said work cannot be suspended, abandoned, or not in active progress for a period exceeding three hundred sixty-five (365) days. C. The remedies specified herein are cumulative with and supplemental to any other rights which the COUNTY may have pursuant to the law or any other provision of this agreement. 22. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of Page 6 of 12 CITY OF MIAMI FAIRLAWN PARK, ln# 31865 claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals, contractors and/or subcontractors. The CITY shall pay, subject to the limitations of Section 768.28 Florida Statutes, all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers, employees, agents and instrumentalities as herein provided. The provisions in this clause shall survive the termination or expiration of this Agreement. This paragraph is subject to the limitations of Section 768.28, Florida Statutes. The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, employees, and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the CITY and/or its officers, employees, or agents, may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the negligent or wrongful act or omission of the COUNTY and/or its officers, employees, agents, servants, partners, principals, contractors and/or subcontractors, during the term of this Agreement. The COUNTY shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorneys' fees which may issue thereon. The COUNTY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the COUNTY shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the CITY or its officers, employees, or agents, as herein provided. Nothing herein shall be deemed to indemnify the CITY from any liability or claim arising out of the negligent or wrongful act or omission of the CITY, its officers, employees, or agents. The provisions in this clause shall survive the termination or expiration of this Agreement. This paragraph is subject to the limitations of Section 768.28, Florida Statutes. 23. FORCE MAJEURE. Should either party be prevented from performing any obligations herein, including but not limited to water service, due to or resulting from a force majeure or inevitable accident or occurrence, such party shall be excused from performance. As used herein, force majeure shall mean an act of God which includes but is not limited to sudden, unexpected or extraordinary forces of nature such as floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are Page 7of12 CITY OF MIAMI FAIRLAWN PARK, ID# 31865 unpreventable by either party and shall include but not be limited to strikes, lockouts, other industrial disturbances; wars, blockades, acts of public enemies, insurrections, riots; federal, state, county and local governmental restraints and restrictions; military action, civil disturbances, explosions; conditions in federal, state, county and local permits; bid protests, manufacturing and delivery delays, unknown or unanticipated soil, water or ground conditions and cave-ins, or otherwise; and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 24. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the prevailing service charges for water supply and fire protection within the CITY'S property as maybe applicable until the responsibility for payment of said charges is properly transferred in accordance with the COUNTY'S regulations. 25. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full use of the water facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 26. OPINION OF TITLE. With the execution of this Agreement, the CITY at its own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S property, issued by a qualified attorney licensed to practice law in the State of Florida, which states that the CITY owns fee simple title to the property referred to herein. 27. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests must be performed. It is the responsibility of the CITY to comply with all such requirements and to obtain all necessary approvals. In addition, the use of floating meters for construction purposes is subject to State of Florida requirements and approval by the COUNTY. The CITY may request approval for the use of floating meters prior to actual conveyance of title to the facilities to the COUNTY. However, the COUNTY may be required to execute documents to the Miami -Dade County Department of Regulatory and Economic Resources (RER) or State of Florida Department of Health (DOH), which state that the COUNTY has accepted title to the facilities. if the COUNTY is required to execute such documents, the CITY agrees to indemnify and hold the COUNTY harmless from and against all claims, actions, judgments, damages, loss, cost and expense including reasonable attorney's fees which may be incurred by the COUNTY in connection with the rendition of water service through the facilities constructed and installed by the CITY prior to conveyance of title to the COUNTY, including but not limited to those that result from failure to properly maintain and repair the water facilities. This paragraph is subject to the limitations of Section 768.28, Florida Statutes. Page 8 of 12 CITY OF MIAMI FAIRLAWN PARK, ID# 31865 28. ASSIGNMENT OF AGREEMENT. No right to any water 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 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 plan for the fair and equitable allocation of water among the residents of Miami -Dade County. Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the CITY'S property is transferred or conveyed, the CITY shall remain liable to the COUNTY for all sums of money and all obligations due hereunder unless released in writing by the COUNTY. 29. 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. 30. NOTICE. All notices given pursuant to this Agreement shall be mailed by United States Postal Service registered or certified mail to the parties at the addresses specified on page 2 of this Agreement or addresses otherwise properly furnished. 31. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records of Miami -Dade County, Florida, for the particular purpose of placing all owners and occupants, their successors and assigns, upon notice of the provisions herein contained. The CITY shall pay all recording fees. 32. FLORIDA LAW. This Agreement shall be interpreted under Florida law. Venue for any litigation relating to this Agreement shall be had in Miami -Dade County, Florida. 33. SEVERABILITY. If any section, subsection, sentence, clause or provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected by such invalidity. Page 9 of 12 CITY OF MIAMI FAIRLAWN PARK, ID# 31865 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials as of the day and year above written. WITNESSETH: signature By: print name signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE MIAMI-DADE COUNTY Brandon Garcia, New Business Manager For: Roy Coley, Director Miami -Dade Water and Sewer Department The foregoing instrument was acknowledged before me by means of: (check one) physical presence; or ❑ remote audio-visual means, this day of 2023, by Brandon Garcia, New Business Manager, for Roy Coley, Director, of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public print name Page 10 of 12 Serial Number CITY OF MIAMI FAIRLAWN PARK, ID# 31865 ATTEST: CITY OF MIAMI A FLORIDA MUNICIPAL CORPORATION By: (SEAL) By: (SEAL) Todd B. Hannon, City Clerk Arthur Noriega, City Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of: (check one) ❑ physical presence; or © remote audio-visual means, this day of , 2023, by Todd B. Hannon , as City Clerk, and Arthur Noriega , as City Manager, of the City of Miami, a Florida municipal corporation, on behalf of the municipality. They are personally known to me or have produced as identification and did/did not take an oath. Approved for Legal Sufficiency: Victoria Mendez, City Attorney Notary Public print name Approved for Legal Sufficiency: Assistant County Attorney Page 11 of 11 Serial Number CITY OF MIAMI FAIRLAWN PARK, ID# 31865 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI Legal Descrir�tion Lots 1 through 3 and Lot 17, in Block 33, of FAIRLAWN, according to the Plat thereof, as recorded in Plat Book 8, at Page 83, of the Public Records of Miami - Dade County, Florida. "A" 1 of 1 CITY OF MIAMI FAIRLAWN PARK, ID# 31865 EXHIBIT "B" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY TYPES OF LAND USES GALLONS PER DAY (GPD) RESIDENTIAL LAND USES Single Family Residence 210 d/unit under 3,001 sq. ft. 310 gpd/unit (3,001-5,000 sq. ft.) 510 dlunit over 5,000 sq. ft. Townhouse Residence 165 dlunit Apartment 135 dlunit Mobile Home Residence/Park 160 dlunit Duplex or Twin Home Residence 150 d/unit Residential Facility/Institution: a) Congregate Living Facility (CLF) b) Apartment Dormitory c) Fire Station d) Jail e Other 75 gpolbed 100 gpolunit 10 gpd/100 sq, ft. 150 gpd/person 100 dl erson COMMERCIAL LAND USES Airport: a Common Area/Concourse/Retail 10 d1100 sq. ft. b Food Service see restaurant use for allocation Bank 10 gpd/100 sq. ft. Banquet Hall (with or without kitchen 10 gpd1100 sq. ft. Bar, Cocktail Lounge, Nightclub, or Adult Entertainment 20 gpd1100 sq. ft. Barber Shop 10 d1100 sq. ft. Beauty Shop 25 d1100 sq. ft. Big Box Retail 2.5 d/100 sq. ft. Bowling Alley 100 d/lane Car Wash: a) Manual Washing 350 dlba b Automated Washing 5,500 d/ba Coin Laundry 110 gpd/washer Country Club with or without kitchen 20 gpd/100 sq. ft. Dentist's Office 20 d/100 s . ft. Fitness Center or Gym 10 gpd/100 sq. ft. Funeral Home 5 gpd1100 sq. ft. Gas Station/Convenience Store/Mini-Mart: a Without car wash 450d/unit b) With single automated car wash 1,750 gpolunit Additional single automated car wash 1,300 gpolunit Hospital 250 gpolbed Hotel or Motel 115 gpd/room "B" 1 of 2 CITY OF MIAMI FAIRLAWN PARK, ID# 31865 TYPES OF COMMERCIAL LAND USES (CONTINUED) House of Worship 10 gpd/100 sq. ft. Industrial use NOT discharging a process wastewater and NOT utilizing potable water for an industrial process (including but not limited to automotive repair, boat repair, carpentry, factory, machine shop, welding 4 gpd/100 sq. ft. Industrial use discharging a process wastewater or utilizing potable water for an industrial process based on system design and evaluation by the Department 4 gpd/100 sq. ft. Kennel 15 gpd/100 sq. ft. Marina 60 gpd/slip Nail Salon 30 gpd/100 sq. ft. Nursing/Convalescent Home 125 gpd/bed Office Building 5 gpd/100 sq. ft. Pet Grooming 20 gpd/100 sq. ft. Physician's Office 20 gpd/100 sq. ft. Public Park: a) With toilets only 5 gpd/person b) With toilets and showers 20 gpd/person Public Swimming Pool Facility 30 gpd/person Recreational Vehicle (RV) Park (seasonal use) 150 gpd/space Restaurant a Fast Food 65 gpd/100 sq. ft. b) Full Service 100 gpd1100 sq. ft. c Take -Out 100 d/100 s . ft. Retail 10 g pd/100 sq. ft. School! a) Day care/Nursery (adults and children) b Regular school 10 gpd/100 sq. ft. 12 g pd1100 sq. ft. Self-service storage units 1.5 d/100 sq. ft. Shopping Center/Mall Shell/Common Area 10 d/100 sq. ft. Spa 20 gpd1100 sq. ft. Sporting Facilities and Auditorium 3 d/seat Theater a Indoor 1 dlseat b Outdoor/Drive-in 5 d/s ace Veterinarian Office 20 d1100 sq. ft. Warehouse/Speculation Building 2 d1100 sq. ft. Wholesale Food Preparation (including but not limited to meat markets and commissaries 35 gpd/100 sq. ft. LEGEND: gpd gallons per day sq. ft. square feet NOTES: 1) Sewage gallonage refers to sanitary sewage flow on a per unit and/or use basis for average daily flow in gallons per day. 2) Condominiums shall be rated in accordance with the specific type of use (e.g., apartment, townhouse, warehouse, etc.). "B" 2 of 2 CITY OF MIAMI FAIRLAWN PARK, ID# 31866 EXHIBIT "C" OF AGREEMENT BETWEEN MIAMIµDADE COUNTY AND CITY OF MIAMI BUILDING CONNECTI N SCHEDULE TYPE AND NUMBER OF UNITS Removal and relocation of water mains for connection to County's water system (no construction/no GPDs) GALLONAGE COMPLETION OF (gpd) BUILDING CONNECTION "C" 1 of 1 n/a 2023 — 2024 L'. MIAMI - DADE WATER AND SEWER DEPARTMENT 525 ;'/ 540 - - - - - - - - - 6291 6311 550 1 SW 6TH ST f~ r I 601 �I 611 I w 621 620 11 713 III 632 631 I 634 725 641 636 735 651 6315__ - - - 700 -- - - EXHIBIT "X' - 1 LOCATION SKETCH SCALE: N.T.S -THIS IS NOT A SURVEY - CITY OF MIAMI FAIRLAWN PARK AGMT ID# 31865 FOLIO# 01-4001-005-69701.69801-69901-7120 MIAMI-DADE COUNTY SEC 01-54-40 January 19, 2023 :'Ili N W `" E S Agreement for Water Facilities Between Miami -Dade County and the City of Miami ID Number #31865 for Fairlawn Park OCI No. 40-B193521 Signature Pate ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida BY: BY: Todd Hannon, City Clerk Arthur Noriega V, City Manager (Affix City Seal) Approved by City Attorney as to legal form and correctness IM Victoria Mendez, City Attorney Approved as to Insurance Requirements: MM Ann -Marie Sharpe Director, Risk Management Water & Sewer Department M�AMI DARE PO Box Development Division x 33016 • 3575 S Lejeune Road _ Miami, FL33233-0316 T 786-268-5360 F 786-268-51.50 WASD-NBServDesk@miamidade.gov *ATTENTION! PLEASE READ. FAILURE TO DO MAY RESULT IN FURTHER DELAYS* 01.26.2023 03:49PM City of Miami 444 SW 2nd Ave. 8th Floor Miami Florida 33130 Re: Water and Sanitary Sewer Agreement for CITY OF MIAMI FAIRLAWN PARK, ID# 31865 To whom may concern: We are pleased to enclose the water and sewer document for CITY OF MIAMI FAIRLAWN PARK, ID# 31865. The County's offer of those terms and conditions contained in the document shall expire sixty (60) days from the date of this letter. For Municipal entities and School Board, the terms and conditions contained in the document. shall expire one hundred and eighty (180) days from the date of this letter. If the document is satisfactory, download the Offer Package from e-Builder, then sign the original documents and deliver them to our front desk at the LeJeune office. In e-Builder, take the Submit Docs action. WASD will require an original of the complete package to be delivered to us. Please note that the original signed offer package requires one (1) original Opinion of Title using our format enclosed (NOTE: If you do not follow our format, your Opinion of Title could be rejected). The Opinion must cover the time period to within 30 days prior to submittal of signed documents. For Covenants and Unity of Title, the Opinion must cover the time period through the date of execution. For online payment please go to htti):llwww,miamidade.gov/water/construction-development-payments. asp to pay on-line. For Payments via check please make the check payable to Miami -Dade Water and Sewer Department; this does not include any amounts due as specified in the documents. e-Builder Help Builder`",\ 100' T 786-552-8181 A FRIMBLE COMPANY ebuOde r-support@miamidade.go_v ` Water & Sewer Department Utilities Development Division MIAMIDADE.7:`,- ,' Po Box 33016 • 3575 5 Lejeune Road Miami, FL 33233-0316 T 786-268-5360 F 786-268-5150 WASD-NBServDesk@miamidade.gov Please note that the legal description in the Opinion of Title should match the legal description initially submitted to the Department for the Agreement preparation. Failure of the legal descriptions to match will result in rejection and time delays for your project. The documents shall not be binding upon either party until executed by the Department on behalf of the County and all fees due are received. This instrument was prepared using the information provided to us by the property owner and/or its agent. Once approved by our WASD reviewers, WASD will require an original of the complete package to be delivered to us at the LeJeune office lobby. This is very important to ensure proficient, timely processing, Please refer to eBuilder to obtain a fully recorded copy, and to check project status. If you have any questions regarding the agreement offer, please contact the New Business Contracts Unit at VVASD-NBContracts@miamidade.gov Sincerely, Kristina Borrajero New Business Division Builder," e-Builder -552 8e8 ATRIMBLE COMPANY ebuiider-supportPmiam9dade.gov �+ Y T � Y ICOUN i i Water & Sewer Department New Business Office P.O. Box 330316 Miami, FL 33233-0316 Invoice Number Customer Number Invoice Date Business Process Number (X) CITY OF MIAMI 444 SW 2 AVE 8TH FLOOR MIAMI FL 33130 ATTN Note: AGRMT 31865 WSC FEE & RECORDING FEES CITY OF MIAMI FAIRLAWN PARK Total Amount Due ER Water ER Sewer Agreement ID Invoice N00122775 00029585 January 26, 2023 $227.50 31865 I Description JOIAgmt Qty UOM n' Price Charge Amt Interest Line Total Water Alloc Cert Initial 1 EA 90.00 90.00 0.00 90.00 Recording Fee 1st Page 1 EA 10.00 10.00 0.00 10.00 Recording Fee Per Pge Aft 1 st 15 EA 8.50 127.50 0.00 127.50 Total Standard Charges $227.50 Total Invoice $227.50 Printed on 1/2612023 by E314829 at LEJEUNE-SD To pay online go to: htto l/www miamidade aovlwaterlconstruction-development_paayrnents.asp Payment must be made within 72 hours of receipt of invoice. Refunds are based on the date of payment and subject to State Statute 95-11. Some fees are not refundable. M IAM I-DADE MM miamidade.gov Water Supply Certification Number: WSC-31865-AGR - 1 Water Supply Certification Issued Date:January 26, 2023 Plat Number: Owner: City of Miami 444 SW 2nd Ave. 8th Floor Miami Florida 33130 Agent/Representative: Joaquin Mojica Water and Sewer PO Box 330316 Miami, Florida 33233-0316 T 786-268-5360 F 786-268-5150 Re: Adequate Water Supply Certification for the Project, CITY OF MIAMI FAIRLAWN PARK, Number 31865 The Miami -Dade Water and Sewer Department (Department) has received your request to receive water services to serve the following project which is more specifically described in the attached Agreement, Verification Form, or Ordinance Letter. Prniert I ncatinn 0140010056990 610 SW 63 AVE 33144 3 33 0140010056980 600 SW 63 AVE 33144 2 33 0140010056970 601 SW 63 CT 33144 1 33 0140010057120 615 SW 63 CT 33144 17 33 is Proposer/ Use Square Footage/ # Units Water Gallons Per Day Sewer Gallons Per Day Previous Use Square Footage! # Units I Water Gallons Per Day Sewer Gallons Per Day Totals The Department has evaluated your request pursuant to Policy CIE-5D and WS-2C in the County's Comprehensive Development Master Plan and Limiting Condition No. 5. of the South Florida Water Management District Water Use Permit Number 13-00017- W. Based on its review of all applicable information, the Department hereby certifies that adequate water supply is available to serve the above described project. This Adequate Water Supply Certification will expire if a building permit is not applied for within 365 days of the date of issuance of said certification. If an Agreement is executed for the proposed project, the certification will remain active with the terms of the Agreement until such time as the building permit is applied for. If a building permit is applied for in accordance with the aforementioned conditions, this certification will remain active with the building permit process. Furthermore, be advised that this adequate water supply certification does not constitute Department approval for the proposed project. Additional reviews and approval may be required from sections having jurisdiction over specific aspects of this project. Should you have any questions regarding this matter, please contact Maria A. Valdes, Chief, Planning and Water Certification Section, (786) 552-8198 or via email at mavaldamiamidade.gov. Sincerely, Kristina Borrajero New Business Processor Page 1 of 1 OPINION OF TITLE To: City of Miami With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORfDA as an inducement for acceptance of a covenant in lieu of unity of title covering the real property hereinafter described. It is hereby certified that we have examined the public records through January 26, 2021 at 11:00pm, inclusive, of the following described real property: Lot 1, Block 33, FAIRLAWN, according to the Plat thereof, recorded in Plat Book 8, Page 83, of the Public Records of Miami -Dade County, Florida. And Lot 3, Block 33, Fairlawn, according to the map or plat thereof as recorded is Platt Book 8, Page $3, .Publit Records of Miami�Vade County, Florida. t 2, Block 33, Fairlawn, according to the map or plat thereof as recorded in Plat Book 8, Page 83, Public Records of Miami -Dade County, ierid .. And Lot 17 in Block 33 of FAIIt LAWN, according to the Plat thereof, as recorded in Plat Book 8, Page 83 of the Public Records of Miami -Dade County, Florida. Basing our opinion on said complete review of the above covering said period we are of the opinion that on the last-mentioned date the fee simple title to the above described real property was vested in: THE CITY OF MIAMI, a municipal corporation Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics' or materialman's liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 1 Listing should include, but not be limited to such exceptions as: 6. Holder of Mortgage: NONE 7. Restrictions: NONE 8. Notice of Lis Pendens with explanation: NONE 9. Life Estate: NONE 10. Other: a. Any restrictions or encumbrances shown on the plat of FAIRLAWN, recorded in Plat Book 8 at Page 83 of the Public Records of Miami -Dade County, Florida. b. Notice of Commencement filed in O.R.B. 15954, Page 57 on or about June 17, 1993 (as to Lot 2 only). c. Notice of Commencement filed in O.R.B. 26697, Page 3783 on or about December 24, 2008 (as to Lot 17 only). d. Claim of Lien filed by the Miami -Dade Water and Sewer Department in O.R.B 30281, Page 3408 on or about October 25, 2016 (as to Lot 1 only). Therefore, it is our opinion that the following parties must join in the execution of a covenant in lieu of unity of title to make the same effective against the above described real property: NAME INTEREST SPECIAL EXCEPTION NUMBER THE CITY OF MIAMI, Owner a municipal corporation It is noted that the City Manager of the City of Miami,' is authorized to execute the unity of title on behalf of the City of Miami, a municipal corporation, in the City's capacity as owner of the above described property. 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 this 22nd day of February, 2021. Daniel S. Gold erg, Esq. FBN: 91435 Assistant City Attorney Office of the City Attorney Victoria Mendez 444 SW 2nd Avenue, 9d' Floor Miami, Florida 33130 ' The current City Manager of the City of Miami is Arthur Noriega, V. 6