HomeMy WebLinkAboutR-85-12284P
J-85-1198
12/19/85 85-1228
RESOLUTION N0.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, SUBJECT TO THE APPROVAL
OF THE CITY ATTORNEY, FOR THE CONSTRUCTION OF
WATER AND SANITARY SEWAGE FACILITIES AND FOR
THE PROVISION OF WATER AND SEWAGE DISPOSAL
SERVICES FOR BAYSIDE SPECIALTY CENTER AND
PARKING GARAGE BETWEEN THE CITY, DADE COUNTY
AND BAYSIDE CENTER LIMITED PARTNERSHIP;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE CERTAIN DOCUMENTS REFERRED TO IN SAID
AGREEMENT, ALL OF WHICH ARE REQUIRED TO
PROVIDE WATER AND SEWAGE DISPOSAL SERVICES
FOR THE BAYSIDE SPECIALTY CENTER AND PARKING
GARAGE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA.
Section 1. The City Manager is hereby authorized to
execute an agreement, subject to the approval of the City
Attorney, for the construction of water and sanitary sewage
facilities and for the provision of water and sewage disposal
services for Bayside Specialty Center and Parking Garage between
the City, Dade County and Bayside Center Limited Partnership;
further, the City Manager is hereby authorized to execute certain
documents referred to in said agreement, all of which are
required to provide water and sewage disposal services for the
Bayside Specialty Center and Parking Garage.
PASSED AND ADOPTED this 19th d ay of December , 1985.
X VIER L. SUAR Z, MAYOR
ATTE
MATTY HIRAI
CITY CLERK
PREPA ED AND APPROVED BY:
Al
G. MIRIAM MAER
ASSISTANT CITY ATTORNEY
GMM/ wpc/ a b/ B5 86
APPROVRO A,9oOPQ FORM AND CORRECTNESS:
LUCIA A. DOUG
CITY ATTORNEY
CITY COMMISSION
MEETING OF
D E C 19 1985
11UN 'wQ
. s- rj
S.
Ce lt
AGREEMENT
FOR
THE CONSTRUCTION OF WATER AND SANITARY SEWAGE FACILITIES
AND FOR
THE PROVISION OF WATER AND SEWAGE DISPOSAL SERVICES
FOR
BAYSIDE SPECIALTY CENTER
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI
AND
BAYSIDE CENTER LIMITED PARTNERSHIP
LEGAL ADDRESS
Metropolitan Dade County
c/o Miami -Dade Water and Sewer Authority Department
P.O. Box 330316
Miami, Florida 33233-0316
Bayside Center Limited Partnership
c/o Greenberg Traurig, Askew, Hoffman,
Lipoff, Quentel and Wolff, P. A.
Brickell Concours
1401 Brickell Avenue
P. O. Box 012890 ''•
Miami, Florida 33101
85-1228
Ce!
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 Sayside Center Limited Partnership,
a Maryland limited partnership, 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 sufficient 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 mains, valves, fire hydrants, services, firelines, sewage
pumping station, force main, gravity sewer mains, manholes,
laterals and other appurtenances at its expense to furnish water
supply and sewage disposal service to the CITY'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
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85-1228
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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 DEVELOPER recognizes ana agrees tnat 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 located in
Port Boulevard and in Biscayne Boulevard abutting the northern
and western boundaries, respectively, of the DEVELOPER'S
=.fit property, which shall be the water point of connection.
Page 3 of 12
85-1228
r
F, Specialty
The COUNTY shall make available for the CITY'S property a
hereinafter specified amount of sewage disposal capacity by means
of a connection to an existing force main located in Biscayne
Boulevard and approximately N.E. 4 Street, 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 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 sixty-six cents ($0.66),
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 "B" attached hereto
and made a part hereof. The DEVELOPER intends to construct one
hundred nineteen thousand (119,000) square feet of commercial
buildings, fast-food restaurants containing one thousand two
hundred (1,200) seats and full service restaurants containing two
thousand four hundred sixty (2,460) seats. -Therefore, the agreed
total average daily gallonage is one hundred seventy-six thousand
nine hundred (176,900) gallons resulting in a water connection
charge of one hundred fifty-nine thousand two hundred ten dollars
($159,210.00) and a sewer connection charge of one hundred
Page 4 of12
85-JL228
V.
sixteen thousand seven hundred fifty-four dollars ($1160754.00).
Total connection charges of two hundred seventy-five thousand
nine hundred sixty-four dollars ($275,964.00) 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) Fifty-four thousand one hundred ninety-two dollars
($54,192.00) prior to the installation by the
COUNTY of any domestic water meters to serve the
A DEVELOPER'S property.
(c) Fifty-four thousand one hundred ninety-three
dollars ($54,193.00) on the six (6) month, twelve
(12) month, eighteen (18) month and twenty-four `
(24) 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.
Three (3) *years from the date of this Agreement, the COUNTY
will review the construction status of the DEVELOPER'S project.
If the COUNTY'S connection charge rates have been revised during
the three (3) year period, and all units to be constructed within
the DEVELOPER'S property have not been connected to the COUNTY'S
system during that three (3) year period, revised connection
charges shall be applied to all unconnected units based on the
difference between the charges specified in this Agreement and
I the new rates. The resulting amount shall be paid by or credited
to the DEVELOPER.
The provisions set forth herein 'shall apply to each
subsequent three (3) year period during the effective time period
of this Agreement. The COUNTY shall review the construction
status of the project at the end of each such period and revised
Page 5 of 12
8►.�-'1228
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e
Specialty,
connection charges shall be determined and applied in accordance
with the provisions outlined herein.
Revised connection charges shall be paid by the DEVELOPER to
the COUNTY in accordance with one of the two following
alternatives, depending on whether or not connection charges as
specified in this Agreement have been fully paid:
1. If all connection charges specified in the Agreement
R
have been paid prior to the end of any three (3) year period,
revised connection charges, if less than $5,000.00, shall be paid
within ninety (90) days following the end of said three (3) year
period. If said revised connection charges exceed $5,000.00,
payment shall be made in accordance with the COUNTY's standard
A schedule.
2. If any connection charges specified in the Agreement
remain to be paid at the end of any three (3) year period, said
revised connection charges shall be added to or subtracted from
the total remaining charges, and new payments will be established
by applying the COUNTY'S standard schedule, commencing with the
second installment (excluding the $5,000.00 deposit), to the
total connection charges due. Payments shall be made by the
DEVELOPER in accordance with the new schedule.
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 units
which the DEVELOPER intends to construct on the CITY'S property,
up to the average daily flow limitation of one hundred
seventy-six thousand nine hundred (176,900) 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
Page 6 of 12
85-1228
specialty
Cent
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 no event, however, will•' the yearly commitment of
gallonage provided for in Exhibit "D" or carried over from any
previous year exceed fifty percent (50%) of the total gallonage
commitment provided for in this Agreement.
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
the DEVELOPER. However, it is mutually agreed and understood by
the COUNTY 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
Page 7 of 12
85-1228
Bay ?c.ialty
Cent
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
jurisdiction 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 DEVELOPER agrees that the COUNTY shall not be
liable or in any way responsible for any costs of losses incurred
by 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'V
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-l" - Location Sketch
c. Exhibit "B" - Schedule of Daily Ratel Gallonage
for Various Occupancy.
d. Exhibit "C" - General Conditions of Agreement.
e. Exhibit "D" - Building Construction Schedule
Page 8 of 12
M
8�-122h
Specialty
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
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 CITY'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 CITY, 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 or
construction connection charges in the event that a portion
of the CITY'S property is transferred or conveyed.
b. The COUNTY and the DEVELOPER agree that the
on -site sewer facilities, consisting of pumping station,
force main and collection system, installed for the CITY'S
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85-1.228
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property, shall at all times remain the sole, complete and
exclusive property of the DEVELOPER and under the control
and operation of the DEVELOPER. The DEVELOPER further
agrees that it shall operate and maintain said facilities in
an efficient manner and in complete compatibility► with the
COUNTY'S system. The DEVELOPER agrees 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
DEVELOPER to implement the changes or additions shall be
cause for the termination of service by the COUNTY.
c. Pressures in the COUNTY'S sanitary sewage force
mains may be subject to wide fluctuations due to conditions
such as excessive rainfall resulting in flooding, other
natural causes or temporary facility failure. COUNTY force
main pressures are normally in the range of twenty (20) to
forty (40) pounds per square inch (psi) with shut-off heads
approximately ten (10) psi greater. However, abnormal
conditions' with system pressures as high as seventy-five
(75) psi are occasionally possible. It is the DEVELOPER'S
sole responsibility to obtain information on current and
future system conditions prior to final design of the
DEVELOPER'S sewer facilities. Safety or standby measures
should be designed in the private pumping facilities to
off -set any extraordinary changes to the normal pressure
range. In addition, it is advisable for force main
materials to conform to COUNTY standards. The COUNTY will
operate its systems in a conscientious manner, but the
COUNTY is not responsible for damages or interruptions
caused by abnormal pressures or pressure surges due to acts
of nature or temporary facility failure.
d. The DEVELOPER agrees that it shall disconnect its
pumping station and force main and reconnect to the COUNTY'S
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85-1228
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future gravity sewer main when such main is located in a
street or easement adjoining the CITY'S property and is
available for connection. The cost of this work shall be
borne solely by the DEVELOPER. Further, the DEVELOPER
agrees that it shall pay its proportionate share of the cost
of the construction of the future sanitary sewer collection
system abutting the property herein described.
e. The COUNTY shall require the CITY to execute Unity
of Title and Covenant instruments as a condition of the
F
COUNTY'S allowance of a temporary, private sewage pumping
station. Said instruments shall be prepared by the COUNTY
f
and returned to the COUNTY with the execution of this
Agreement.
p
f. The sewer facilities to be constructed by the
DEVELOPER under this Agreement will allow the abandonment of
the COUNTY'S Sewage Pumping Station Number 73 located within
the CITY'S property. The DEVELOPER will dismantle said
Station in accordance with engineering plans to be approved
by the DEPARTMENT. All equipment removed from the Station
will be returned to the DEPARTMENT.
g. The DEVELOPER recognizes that there are existing
water, gravity sewer and force mains facilities located
f
t
within the CITY'S property which are currently in service.
t
i
The DEVELOPER hereby agrees that it will not interfere with
a
or disrupt service provided through said facilities to the
COUNTY'S existing customers. In addition, the CITY and the
DEVELOPER agree that no buildings will be constructed over
those portions of water, gravity sewer or force mains which
3
will remain -in place and in service. .The CITY hereby agrees
to grant easements to the COUNTY for said existing and for
all proposed water, gravity sewer and/or force main
,3
facilities to be owned by the COUNTY in accordance with
Section C-3 hereinbelow.
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8 I -JL228
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IN WITNESSETH WHEREOF, the parties hereto have caused this
instrument to be executed by their respective officials
thereunto, duly authorized this day of
190
METROPOLITAN DADE COUNTY
ATTEST:
By: (SEAL) By: (SEAL)
Clerk County Manager
CITY OF MIAMI
ATTEST:
By: (SEAL) By: (SEAL)
Clerk City Manager
BAYSIDE CENTER LIMITED
PARTNERSHIP, a Maryland
united partnership
WITNESSETH:
By.
General Partner
Approved as to Legal Form and
Sufficiency:
Assistant County Attorney
Page 12 of 12
-85-1228
EXHIBIT "A" OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI
AND
BAYSIDE CENTER LIMITED PARTNERSHIP
cor�ence at ttie NortheieL cornar of Block 61 North of
the A. L. KNOKLTON MAP OF MIAMI, as recorded in Plat Book `B"
at page 41 c:,the Psbiic Records of Dade County, Florida;
thence run North 89 58'18" East along the Easterly prolongation
of the Northerly line of Block 61 North of said A. L. KNOWLTON
mAP OF MIAMI for' s distance of 703.43 feat to a point; thence
run South 00°00'll" West for a distance of 100.00 feet to a
point of intersection with the South line of Port Boulevard
as recorded in Official Records Book 6011 at Pago 240 of the
Public Records of Dade County, Florida; said point being the
Point of sag�nning of the parcel hereinafter described; thence
run South 00 08'11" West fgr a distance of 101.09 feet to a
paint; thence run South 09 51"49" East for a distance of 23.83
feet to a point; thence run South 00 08'12• t;pst for adi ntatice of
41.50 :set to a point; thence run North
89"51149" Meat for a distance of 23.83 feet to a point; thence
run South 00 08"11• West f$r a distance of 174.50 feet to A
point: thence run South 89 51'49" East for a distance of 23.83
feet to a points thence run South 00 08'11• West for a distance
of 4150 feat to a point; thence run North 89 51149• WP9t for
a distance of 179513 feet to a point
thence
ntn South 00°08'110West for s distance of 25.00 feet to a
points '
_ thence run.North 89°51'49" West for
a oistance of 157, 27 feet: .to a point of intersection with a line
210 feet Easterly of and parallel with the City Monument lino
cf Biscayne Boulevard (North); thence run South 16 51'29" 'East
alor%n a line parallel with the City Monument lino for a distance
of 57.78 feet to a point; thence continue along a line 210 feet
Easterly of and parallel'with the City.Monument line South
09033'21q East for s distance of 139.74 feat to a point:
thence run South 89 51149" East for $ distance of 140.96
fo,et to a point: thence run South 56 581030 East for a
distance of 6 04.49feet to a points thence run South
65 50'46" East for a distance of270.56 feet more or less
to a point of intersection with the West line of.tho Baywalk
Area; thence run North 27 13114• East along the West line of
.said Saywalk Area fora distance of148.28 feet to a point;
said point bears South 57 16'29".West:and is 77.25 feet
distant from an U.S. Array Corp. of Engineers Station BFP-1
said station being a chiseled •x" in a concrete bulkhead;
thence run South 850271434 East along the North line of said
Dar.4alk Area -for a distance of 49.24 feet more or Mess to a
.point of i.nterscction with a line 65.100 feet Northwesterly
of the Metropolitan Dade County Bulkhead line as recorded in
Plat Book 74 at Pags 18 of the Public Records of Dade County;
thence run North 27 17127" East along said line parallel with
the Metropolitan Dade County bulkhead line for a distance of
714.32 feet to a point of intersection with the existing
bulkhead of the Mianarinas thence run -North 40 20140" West
along said existing bulkhead for a distance of 185.10 feet to
,a 'oirt of intersection 'in the' existing_ bulkhead; thence run South
27612'22• West for a distance of 549.00 feet'to a point of
intersection in the existing bulkheads thence run North
85 17138.0 West along said bulkhead for a distance of 50.54
feet to a point of bntarseetion in tho existing bulkhead;
thence run $outh 49 23458" West along said bulkhead for a
distance of 86.76 feet to a point of intersection in the
existing bulkhead; thence run South 04 40046" West along said
bulkhead for a distanca of 65.53.feet to a point of intersection
in the existing bulkhead; thence run South 27 05'27" West along
said bulkhead for a distance of 21.57 feet to a point of
in',crsoction'in the existing bulkhead; thence run North
65°38'03* West aloe said bulkhead for a distance of 26.87
feet to a point of intersection in the existing bulkhead;
thence run North 65 50'46" West along said bulkhead fob a
distance of 61.23 feet to a point; thence run North 24 09914"
East for a distance'of 52.25 fcot to a points thence run
;:arth 65°50'46" Wes for a distance of 60.00 feet to a point;
the^cc run South 24 09'14" West for a distance of 52.25 feet
to a point og intersection with the existing bulkhead; thence
r::a North 65 50'46 ;test along said bulkhead for a distance of
156.00 feet to a point; thence run North 24°09'14" East for a
distance of 52.25 feet to a points thence run North 65050146"
V%,!8t foe a distance of 60.00 feet to.a point; thence run South
:; C9'14" Wost_for_A_distan�a �t�.t�2ilcet:.0.o.,_Point of
"A" 1 of 2
8 J-1228
4'
EXHIBIT "A" OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI
AND
BAYSIDE CENTER LIMITED PARTNERSHIP
in•ersection with the existing bulkhead; thence run North .
65b50*46" West along said bulkhead for a distance of 49.00
feet to a point of curvature of a curve concave to the
::ortheast having a radius of 132.39 tests thence northwesterly
ang Northerly along said surve through a central angle of
65 581570 for an are distance of 160.52 feet to a point of
tangency; thence continue along said existing bulkhead North
00°08.110 East for s distance of 179.08 feet to a point;
thence run South 89 51'49" East for a distance of 52.25 feet to
a point; thence run North 00008111" East f8r a distance of
'60.00 feet to a points thence run North 89 51'49" West for a
distance of 52.25 feet to a point of intersection with the
existing bulkheads -thence run North 00 08111" East along
s3i3 bulkhead for a distance of 156.00 feet to a point;
thence run South 89°$1'490 East for a distance of 52.25
feet to a point; thence run North 00 OB'll" East for a distance
of 60.00 feet to a point; thence run North 89051'49" West for
a distance of 52.25 feet to a point of intersection with the
existing bulkheads thence run North 00008'll"East along the said
bulkhead and its Northerly projection for a distance of
176.38 feet to a point of intersection w�th the South line of
said Port Boulevard; thence run South 89 58018" West along
the Sou*'- line of said Port Boulevard for a.distance of 275.42
feet r.:- r lose to the Point of beginnings containing 13.0767
Acre: - toss.
' AN D
Commence at the Northeast corner of Block 61 North of
tFo A. L. KNOWLTON HAP OF MIAMI,.as recorded in Plat Book "B"
at ?ago 41 of the Public Records of Dade County, Florida;
thence run North 89 58'18" East along the Easterly prolongation
of the Northerly line of Block 61 North of said A. L. KNOWLTON
VA? OF MIAMI for a distance of 70.3.43 feet to a point; thence
run South 00008111' West for a distance of 100.00 feet to a
point of intersection with the South line of Port Boulevard
as recorded in Official Records Book 6811 at Page 240 of the
Public Records of Dade County. Flaiida; said point being the
*Point of Beginning of the parcel•hereinafter described; thence
run South 00 08'll" t4est f8r a distance of 181.09 feet to a
pcint; thence run South 89 $1049" Eagt for a distance of 23.6 3'
feet to a point; thence run South 00 00'11" west for a distance of
41.5 0 feet to 6 points
thence run North
89"51149" west for a distance of 23.83 feet to a point; thence
run South 00008,110 West f8r a•distance of 174.50 feet to a
point; thence run South 89 51149" Eagt for a distance of 23.83'
feet to a point; thence run South 00 08111" hest fora distance
of 41.50 feet to a point; thence run North 89051149" West for
a dist•inco of 179.58 feet to a point;
thence
run South 00')08111" West for' a distance of 25.00 feet to a
point;
` thence run North 89051149" West for
a distance or 15727 feet to a point of intersection with a line
-10 f.et Casterly of and parallel with the City Monument line
of 131'sc47ne Boulevard (North); thence run North 16051129" West
i alon, said line parallel with the City Monument line for a
0:st�ncc of 338.56 feet to,a point; thence run north 12057137"
t:o;. for a distance of 7.35 feet to a point of intersection
�i•h the South line of said Port noulevard; thence run north
' :9 01119" t:ast along the South line of said Port Boulevard for
r a distance of 65.42 feet to a point of curvature of a curve
concave to the South having a radius of 210 feet; thence
! Nc:t`;casterdy and easterly along said curve through a central
an_la o: 50 56'59" for an arc distance of 193.05 feet to a
PC..--. or tangency; thence continue along the South line nf said
Pcr: Boulevard North 69056119" East for a distance of 203.501
feet to the Point of Beginning; containing 3.7772 Acres more
or less.
"A" 2 of 2
8 ;-1228
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MIAMI -DADE
WATER AND SEWER AUTHORITY
TE //•4.85 SCALE N.T,S.
EXHIBIT "B" OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI
AND
BAYSIDE CENTER LIMITED PARTNERSHIP
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 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
"B" 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 gpd/trailer
3 gpd
150 gpd/bed
10 gpd/100 sq. ft.
85-1228
0 f
EXHIBIT "B" OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI
AND
BAYSIDE CENTER LIMITED PARTNERSHIP
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 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
IIBII 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 gpd/trailer
3 gpd
150 gpd/bed
10 gpd/100 sq. ft.
85-1228
Types of
Building Usages
Public Institutions (other than those
listed herein)
Restaurants (per seat)
Fast Food Restaurant (per seat)
Take-out Restaurant
Single Family Residence
Shopping Centers
Townhouse Residence (b)
Stadiums, Frontons, Ball Parks, etc.
(per seat)
Stores without kitchen waste
Speculation Buildings
Warehouses
75 gpcd
50 gpd
35 gpd
50 gpd/100 sq. ft.
(350 gpd Minimum)
350 gpd
10 gpd/100 sq. ft.
250 gpd
3 gpd
5 gpd/100 sq. ft.
10 gpd/100 sq. ft.
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.)
"B" 2 of 2
85-1228
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 tc
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 ,
q 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.
"C" 1 of 12
scr- 8
Credits, if any, by the COUNTY for the oversizing of facilities
rt
are specified in Section II of this Agreement
f
B. 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
DEVELOPER in and to such facilities, free and clear of liens and
encumbrances. The CITY further 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 convey
to the COUNTY fee simple title to the property on which any
sewage pumping station to be owned by the COUNTY is situated
subject only to title exceptions and 'restrictions which are
acceptable to the COUNTY. The land so conveyed shall be
sufficient for ownership and proper operation by the COUNTY of
said station or stations. 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 itLms 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
�f=
obligation to make engineering inspections of all the
7
r
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 znlieve the
DEVELOPER of the responsibility for the proper construction of
said facilities in accordance with the requirements of approved
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, Constncction 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 fo-
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
"C" 3 of 12
0
Engineers, 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'S Inspection Division with a bond or
I
other security satisfactory to the COUNTY which shall indemnify
and protect the COUNTY from all claims, liability, loss, cost and
expense, including reasonable attorney's fees, related to work
performed by the DEVELOPER. The bond or security shall be
furnished prior to the start of construction and shall be in an
amount equal to the COUNTY'S cost estimate of all work to be
performed by the DEVELOPER in areas where the COUNTY is named as
permittee. A bond shall name the COUNTY as obligee.
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
"C" 4 of 12
85-1228
s
a
a
t
i
3S
with the legal instruments required hereinabove, 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. Three sets of
the appropriate manuals for operation of any pumping station and
other mechanical and electrical equipment to be owned by the
COUNTY shall also be included. Approval by the COUNTY of all
required conveyance instruments and related material specified
herein shall constitute final acceptance by the COUNTY of said
facilities. The CITY and DEVELOPER agree with the COUNTY that,
following final acceptance, the facilities installed by the
DEVELOPER and to be owned by the COUNTY pursuant to the terms
hereof shall at all times remain the sole, complete, 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
effect for a period of one (1) year from the date of final
acceptance of the facilittes by the COUNTY. In the event it
becomes necessary to repair and/or replace any of the facilities
during the initial one (1) year period, then the warranty as to
those items repaired and/or replaced shall continue to remain in
effect for an additional period of one (1) year from the date of
final acceptance by the COUNTY of those repairs and/or
replacements.
Simultaneously with the conveyance of said water and/or
sewer facilities, the DEVELOPER shall deliver to the COUNTY an
"C " S of 12
executed Maintenance Bond in the total amount of the actual cost
of construction of said facilities. The Maintenance Bond may be
written with the DEVELOPER'S contractor as "Principal" and the
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
F
and all defects in materials or improper performance of that
' work.
Upon demand by the COUNTY, the DEVELOPER shall correct or
cause to be corrected all such defects which are discovered
i
d
within the warranty period or periods as set forth above, failing
which the COUNTY shall make such repairs and/or replacements of
3
defective work and/or materials and the DEVELOPER and/or its
a
Surety shall be liable to the COUNTY for all costs arising
therefrom.
C. Conveyance of all easements and fee simple title shall
be by a separate instrument in recordable form to be approved by
the COUNTY and shall be accompanied by a written Opinion of Title
9 .
by an attorney licensed to practice law in the State of Florida
3
which states that the CITY is the owner of the property interest
i
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
i
CITY, a valid and enforceable easement and/or fee simple title
will be vested in the COUNTY. Failure of the DEVELOPER and/or
- J
the CITY 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
"C" 6 of 12
8�-1228
company as is acceptable to the COUNTY and which is authorized to
s write bonds of such character and amount under the laws of the
Y
State of Florida. A surety company must have a test'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
countersigned by the surety's resident Florida agent.
E. Acceptance and conveyance as herein outlined may be
accomplished for reasonable system segments as may be mutually
agreed upon. Failure of 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 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, both 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 project 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 project within one hundred
fifty (150) days of the County's disposition of the
application referred to in 1 above;
3. Work on the DEVELOPER'S project, described
and defined herein, 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;
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.
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
prescribed herein, shall be automattically 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 DEVELOPER'S project, then they shall be
eliminated and the initial time period specified in Condition 3
hereinabove shall be two hundred seventy (270) days. For
purposes of this Section, work shall be consi.dgred to have
commenced and/or be in active progress when a full complement of
workmen and equipment is present at the site to diligently
incorporate materials and equipment into the structure or
improvement throughout the day on each full working day,
"C" 8 of 12
855-1228
weather --permitting. Improvement means any building or
construction built, erected, placed, made or done on land or
other real property for its permanent benefit. 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.
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 occurred
subsequent to the date of this Agreement.
Any monies paid to the COUNTY shall be retained and applied
toward costs incurred by the 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 DEVELOPER, receipt of
which is hereby acknowledged, the DEVELOPER agrees 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 DEVELOPER, its officers, agents and
employees and from any foreseeable damage to the facilities
"C" 9 of 12
SLS-1228
constructed by the DEVELOPER and donated to the COUNTY caused by
negligence of the DEVELOPER, its 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 to the COUNTY, receipt of
which is hereby acknowledged, the COUNTY agrees to indemnify and
hold the DEVELOPER 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, 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; necessary maintenance work,
breakdown of or damages to machinery, pumps or pipelines;
epidemics, landslides, earthquakes, fires, storms, floods, or
washouts; governmental restraints, either federal, state 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
"C" 10 of 12
8S-1228
Y
y
beyond the control of either party, whether or not specifically
enumerated herein.
i
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 DEVELOPER'S property until the
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
DEVELOPER'S property. These service charges shall be based on
i 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
j any land within the DEVELOPER'S project to enter into a written
service contract or agreement for retail water, fire and/or sewer
j
service under the standard terms and conditions as promulgated by
- y ,
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
I herein to serve other customers at any time.
With the execution of this Agreement, the 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 DEVELOPER owns fee title to the property referenced
herein.
foci$ 11 of 12
8�-1228
This Agreement supersedes all previous agreements or
representations, either oral or written, heretofore in effect
between the DEVELOPER, the CITY and the COUNTY and made with
respect to the matters contained herein, and when duly executed
constitutes the complete Agreement between 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 DEVELOPER and the CITY shall have thirty
(30) 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 DEVELOPER shall pay all
recording fees.
"C" 12 of 12
55�1228
EXHIBIT hDh OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI
AND
BAYSIDE CENTER LIMITED PARTNERSHIP
BUILDING CONSTRUCTION SCHEDULE
Units Gallonage
119,000 square feet
of commercial buildings 11,900
Fast food restaurants
with 1,200 seats 42,000
Full service .restaurants
with 2,460 seats 123,000
"D" 1 .Of 1
Completion
of
Buildinq Construction
1987
1987
1987
- -- s r- '1228
EXHIBIT "D" OF AGREEMENT
BETWEEN
METROPOLITAN DADE COUNTY
AND
THE CITY OF MIAMI
AND
BAYSIDE CENTER LIMITED PARTNERSHIP
BUILDING CONSTRUCTION SCHEDULE
Units
119#000 square feet
of commercial buildings
Fast food restaurants
with 11200 seats
Full service .restaurants
with 21460 seats
Completion
of
Gallonage Building Construction
11,900
42,000
123,000
"D" 1-of 1
1987
1987
1987
8�--1228
*NOTE: The examination must be to a current afte withi
n 30
days prior to submittal to Miami -Dade Water and Sewer
Authority Department.
METROPOLITAN DADE COUNTY
MIAMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT
OPINION OF TITLE
To: DADE COUNTY, a political subdivision of the State of
Florida.
t With the understanding that this opinion of title is
furnished to DADE COUNTY, FLORIDA, as 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:
V
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:
f
o.
Sf �
k� •'
"1228
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.
S. 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 this day
of , 19
NAP4E
ADDRESS
-- 85-1228
COVENANT
THIS COVENANT, made and entered into this day of
19, , by The City of Miami, hereinafter
designated 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:
THAT WHEREAS, the CITY is the fee owner of the following
described parcel of land, to wit:
See Exhibit "A" attached hereto.
WHEREAS, the CITY has requested a permit to construct,
operate and maintain a temporary, private sanitary sewage pumping
r
station including all the necessary pipes and appurtenances
thereto to provide the CITY with sanitary sewer service and
connection to a sewage force main owned by the COUNTY, and
WHEREAS, the CITY intends to operate and maintain said
temporary, private sanitary sewage pumping station in such a
manner that sewage from the CITY'S g property will be discharged
into the COUNTY'S sewage system;
NOW, THEREFORE, in consideration of the agreements and
benefits which will accrue to the CITY from the construction,
operation and maintenance of said temporary private sewage
pumping station, the CITY, which term includes its successors in
interest and/or assigns, does hereby covenant and agree with the
COUNTY as follows:
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3
F
8t-`1228
1
I. The CITY shall obtain from all governmental
agencies the necessary permits and approvals for
construction of the temporary, private sanitary sewage
pumping station to be installed on the CITY'S property.
2. After a permit has been issued, the CITY will
cause to be constructed or installed a temporary
private sanitary sewage pumping station on the
CITY'S property which shall at all times remain the
sole, complete and exclusive property of the CITY and
under the control and operation of the CITY, its
successors and/or assigns.
3. The CITY shall operate and maintain said
temporary, private sanitary sewage pumping station in
an efficient manner and in complete compatibility with
the COUNTY'S system and shall prevent said pumping
station from being a nuisance or detrimental to public
health or safety. The CITY shall make, at its sole
expense, any reasonable changes or additions to keep
pressures compatible with the COUNTY'S system.
4. ,The CITY shall disconnect its temporary,
private sanitary sewage pumping station and reconnect
its onsite sewer system to the COUNTY'S future sanitary
sewer collection system when.. said collection system
becomes available. The cost of this work shall be
borne solely by the CITY. Further.. the CITY agrees
that it shall pay its proportionate share of the cost
of construction of the future sanitary sewer collection
system abutting the property herein described.
5. It is expressly agreed that this instrument
and obligation shall be binding on the CITY, its
successors in interest or assigns, and shall be a
condition implied in any conveyance or other instrument
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8� :-1228
affecting the title of said property or any part
thereof.
6. This Covenant is being recorded in the Public
Records of bade County, Florida, for the particular
purpose of placing all owners or occupants, their
successors and assigns, upon notice of the provisions
herein contained. The CITY shall pay all recording
fees.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their respective officials
thereunto, duly authorized, this day of
19
CITY OF MIAMI
ATTEST:
By: (SEAL) By: (SEAL)
Clerk City Manager
STATE OF )
SS
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by
City Manager and City Clerk,
respectively, of the City of Miami.
Notary Public - State of Florida
My Commission expires:
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