HomeMy WebLinkAboutExhibitMIAMI FREEDOM PARK, ID# 31828
AGREEMENT
FOR
WATER AND SANITARY SEWER FACILITIES
BETWEEN
MIAMI-DADE COUNTY
I_1 Z I III]
CITY OF MIAMI
This instrument prepared by:
Christopher Schaffer
New Business Section
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
MIAMI FREEDOM PARK, ID# 31828
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 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.
WITNESSETH:
WHEREAS, the CITY desires water and sewer service to be rendered to property
owned by the CITY, and
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter
designated as the "DEPARTMENT", operates the water and sewage systems owned by
the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants entered into between
the parties hereto to be made and performed and in consideration of the benefits to accrue
to each of the respective parties, it is covenanted and agreed to as follows:
CITY'S PROPERTY. The CITY owns a certain tract of land in Miami -Dade
County, Florida, which is legally described in Exhibit "A" attached hereto and made a part
hereof, hereinafter sometimes described as the "CITY'S property". The CITY has
requested that the DEPARTMENT render water and sewer service to 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. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees
that any right to connect the CITY'S property to the COUNTY'S sewer system is subject to
the terms, covenants and conditions set forth in court orders, judgments, consent orders,
consent decrees and the like entered into between the COUNTY and the United States, the
State of Florida and/or any other governmental entity, including but not limited to, the
Consent Decree entered on April 9, 2014, in the United States of America, State of Florida
and State of Florida Department of Environmental Protection v. Miami -Dade County, Case
No. 1:12-cv-24400-FAM, as well as all other current, subsequent or future enforcement and
regulatory actions and proceedings.
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MIAMI FREEDOM PARK, ID# 31828
4. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY
will provide an adequate domestic water supply for the CITY'S property and will receive
and dispose of sanitary sewage from the CITY'S property. The CITY shall pay water and
sewer connection charges for all those units to be constructed and connected on the
CITY'S property subject to the limitations specified herein. The CITY acknowledges that, to
the extent that water or sewer service will ultimately be rendered to the CITY'S property by
a volume customer, the CITY is a new retail user provided water or sewer service from a
volume customer, and acknowledges that it is responsible for payment of connection
charges; however, in the event that water or sewer service is provided directly by the
COUNTY, the CITY acknowledges that it is a new retail customer of the COUNTY and
accordingly also liable for payment of connection charges. The CITY may be considered
both a new retail customer and a new retail user provided service by a volume customer in
the event that the COUNTY provides water service to the CITY'S property and a volume
customer provides sewer service, or vice -versa. The connection charges are based on the
average daily gallons for the various building units and/or use as shown on Exhibit "B"
attached hereto and made a part hereof, and as revised by the COUNTY from time to time,
multiplied by the applicable rates established by the COUNTY. The CITY intends to
construct and connect to the COUNTY'S water and sewer systems a sporting facility with
twenty-five thousand (25,000) seats, three hundred sixty thousand (360,000) square feet of
full -service restaurant, two hundred forty thousand (240,000) square feet of retail, seven
hundred fifty (750) hotel rooms, four hundred thousand (400,000) square feet of office and
a public park with toilets for five hundred (500) persons, representing a combined average
daily gallonage of five hundred sixty-seven thousand seven hundred fifty (567,750) gallons,
replacing vacant land, resulting in water and sewer connection charges in the amount of
three millions nine hundred sixty-eight thousand five hundred seventy-two dollars and fifty
cents ($3,968,572.50). Water and sewer connection charges shall be calculated at the
rates in effect at the time of actual connection to the COUNTY'S water and sewer systems.
The DEPARTMENT'S current connection charge rates are one dollarand thirty-nine cents
($1.39) and five dollars and sixty cents ($5.60) per gallon per day for water and sewer,
respectively. The water and sewer connection charge rates are subject to revision by the
Board of County Commissioners at any time. The CITY shall pay fees and/or charges
specified herein at the time of issuance of Verification Form(s). The DEPARTMENT shall
not, under any circumstances, render water and/or sewer service to the CITY'S property
until such time as the fees and/or charges specified herein have been paid in full.
5. OTHER USES ON THE PROPERTY. If the CITY constructs and/or connects
buildings other than those outlined in paragraph 4 above, or otherwise changes the use of
structures built such that paragraph 4 is no longer an accurate description of the uses at
the CITY'S property, the COUNTY shall determine if additional capacity is needed, as
calculated using Exhibit "B" attached hereto and as revised by the COUNTY from time to
time. If additional capacity is required, connection charges, computed at prevailing rates,
capacity allocation, if available, and construction connection charges, if any, shall be
required to be paid by the CITY. If requested by the DEPARTMENT, the CITY shall
provide the COUNTY a list of all tenants and building units and/or use prior to the
installation of any water meters and/or rendition of sewer service by the COUNTY for the
CITY'S property.
6. POINTS OF CONNECTION. The DEPARTMENT shall provide points of
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MIAMI FREEDOM PARK, ID# 31828
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.
7. DISCLAIMER FOR ATLASES AND AS-BUILTS: Please be advised that the
Atlases and As-Builts provided by the DEPARTMENT 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.
8. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost
and expense shall cause to be designed, constructed and installed all of the necessary
water and/or sewer facilities provided for in this Agreement unless otherwise specified. The
facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines,
service connections, service lines, shutoffs, meter boxes, air release valves, sewer force
mains, private sewage pumping station and equipment, and all appurtenances thereto fora
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 and/or sewer 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.
9. 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 forthe quality
and condition of materials and workmanship.
10. TESTS. During construction and at the time when various tests are required,
the COUNTY'S engineer or its authorized representative, together with the CITY'S
engineer and contractor, shall jointly be present to witness tests for determination of
conformance with approved plans and specifications. The CITY shall notify the COUNTY a
minimum of twenty-four (24) hours in advance of the tests.
11. 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.
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12. 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.
13. 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.
14. 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.
15. 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
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, subject to the limits
of Section 768.28 Florida Statutes.
16. WATER SERVICE LINES. Any water service lines two (2) inches or less in
diameter that are required for the CITY'S property which will be directly connected to
existing mains owned by the COUNTY shall be installed by the CITY'S Contractor under
supervision of a DEPARTMENTAL Water Distribution Licensed Operator and Donations
Inspector. The CITY hereby agrees to pay to the COUNTY its work order charges prior to
any such installation.
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17. OWNERSHIP OF WATER METER. The COUNTY shall own and install the
required water meter as a part of any water service installation. Ownership by the
COUNTY shall terminate at the outlet side of each water meter. The CITY shall pay all
applicable installation fees.
18. TREATMENT AND TRANSMISSION CAPACITY. In addition to the
covenants and conditions set forth herein, water and sewer service to be rendered by the
COUNTY is subject to the following:
a. issuance of a valid operation permit by the State of Florida for the
COUNTY'S sewage treatment facility serving the CITY'S property which
allows additional connections,
b. sufficient available capacity in the COUNTY'S sewer system and connection
approval, as specified in paragraph 3 herein,
C. available water by the COUNTY.
However, in no event will the COUNTY be obligated to supply any more water or sewage
treatment capacity in any one year than is called for by the building connection schedule
attached hereto and made a part hereof as Exhibit "C". Any variation from said
connection schedule which results in increased yearly demand on the water resources or
sewage treatment facility capacity of the COUNTY not specifically provided for in Exhibit
"C" shall be subject to the written approval and consent of the DEPARTMENT and shall be
dependent on the availability of the water resource and the various restrictions placed on
the supply of water or the disposal of sewage by local, state and federal government
agencies and the physical limitations on the COUNTY'S supply and treatment capacity. If
the CITY does not utilize the yearly amount of water or sewage treatment facility allocation
specified in Exhibit "C", said amount will be available to the CITY in the next calendar year
subject to the limitations and provisions specified herein.
19. ALLOCATION OF CAPACITY. The COUNTY agrees to include the
aforesaid allocation in its regional water supply, production and transmission facilities and
regional sanitary sewer system, once the CITY is granted necessary sewer allocation, as
specified in paragraph 4 hereinabove. However, it is mutually agreed and understood by
the COUNTY and the CITY that the allocation of capacity by the COUNTY does not
guarantee the ability of the COUNTY to supply water for the CITY'S property or the ability
to receive and dispose of sewage originating from the CITY'S property. Capacity allocation
is subject to local, state and federal agencies and other regulatory bodies having
jurisdiction. In connection therewith, the CITY agrees that the COUNTY shall not be liable
or in any way responsible for any costs, claims or losses incurred by the CITY as a result of
actions by regulatory bodies, which are related to capacity allocation.
20. FACILITIES EASEMENTS. If the facilities contemplated herein or any
portion thereof are installed within private property outside of public right-of-way, the
facilities shall be installed in the center of a twelve (12) foot wide easement for water
facilities and fifteen (15) foot wide easement for sewer facilities. Both require 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 granted to the COUNTY by
the CITY prior to the COUNTY'S installation of a water meter and/or the rendition of sewer
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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.
21. 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 CITY is the owner of the property interest to be conveyed,
subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY.
The opinion shall also state that upon execution by the CITY, a valid and enforceable
easement 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 be cause for the COUNTY to refuse to
render service to the CITY'S property.
22. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of
the water and/or sewer 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 and/or sewer 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, together with a breakdown of the actual cost of 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.
23. WARRANTY AND MAINTENANCE BOND. The CITY warrants that the
water and sewer facilities to be owned by the COUNTY shall be free from defects in
materials and workmanship for a period of one (1) year from final acceptance by the
COUNTY. Simultaneously with the conveyance of the water and sewer facilities, the CITY
shall deliver to the COUNTY an executed maintenance bond or alternate security deposit
acceptable to the DEPARTMENT, which guarantees the warranty. If it becomes necessary
to repair and/or replace any of the facilities during the initial one (1) year period, then the
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warranty as to those items repaired and/or replaced shall continue to remain in effect for an
additional period of one (1) year from the date of final acceptance by the COUNTY of those
repairs and/or replacement. The bond shall be in the amount equal to the sum of those
portions of the actual cost of construction of said facilities as follows:
Types of Facilities Percentage of Actual Construction Cost
Water mains 25
Sewer force mains 25
The bonds shall have as the surety thereon only such surety company as is
acceptable to the COUNTY and which is authorized to write bonds of such character and
amount underthe laws of the State of Florida. A surety company must have a Best's Key
Rating Guide General Policyholder's Rating of "A" or better and a Financial Category
of Class "V" or better or be acceptable to the COUNTY. The attorney -in -fact or other
officer who signs a bond must file with such bonds a certified copy of his power -of -attorney
authorizing him to do so. The Maintenance Bond may be written with the CITY'S contractor
as "Principal" and the CITY and the COUNTY as "Co -obligees" or the COUNTY as sole
"Obligee". In the alternative, the CITY may be named as "Principal" and the COUNTY as
"Obligee". The Maintenance Bond shall remain in force for one (1) year following the date
of final acceptance by the COUNTY of the work done pursuant to this Agreement to protect
the COUNTY against losses resulting from any and all defects in materials or improper
performance of work. If there is no building construction underway within the CITY 'S
property at the time of conveyance, the COUNTY shall have the right to require that the
term of the Maintenance Bond be extended for a period not to exceed an additional two (2)
years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such
defects which are discovered within the warranty period or periods as set forth above,
failing which the COUNTY shall make such repairs and/or replacements of defective work
and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all costs
arising therefrom. The CITY also warrants that it shall be solely responsible for the repair
of any damages to said facilities caused by persons in its employment. This paragraph is
subject to the limitations of Section 768.28, Florida Statutes.
24. 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 and sewer 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 and sewer facilities throughout the day on each full working day,
weather permitting.
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b. Once the CITY commences work on the water and sewer 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.
25. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless
the COUNTY and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costs of defense, which the
COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to, or resulting from the negligent or wrongful actor omission of the CITY and/or
its officers, employees, agents, servants, partners, principals, contractors and/or
subcontractors, during the term of this Agreement. The CITY shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions
of any kind or nature in the name of the COUNTY, where applicable, including appellate
proceedings, and shall pay all costs, 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. Nothing herein shall be
deemed to indemnify the COUNTY from any liability or claim arising out of or relating to the
negligent or wrongful act or omission of the COUNTY, 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.
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.
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26. FORCE MAJEURE. Should either party be prevented from performing any
obligations herein, including but not limited to water and/or sewer service, due to or
resulting from a force majeure or inevitable accident or occurrence, such party shall be
excused from performance. As used herein, force majeure shall mean an act of God which
includes but is not limited to sudden, unexpected or extraordinary forces of nature such as
floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions
or other forces of nature. Inevitable accidents or occurrences shall mean those which are
unpreventable by 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.
27. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the
prevailing service charges for water supply and fire protection, sewage collection and
disposal within the CITY'S property as may be applicable until the responsibility for
payment of said charges is properly transferred in accordance with the COUNTY'S
regulations.
28. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to
make full use of the water and/or sewer facilities to be owned by the COUNTY as
contemplated herein to serve other customers at any time.
29. 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.
30. PRIVATE SEWAGE FACILITIES. The CITY shall bear the full expense of all
private sewage facilities including plumbing. Said facilities shall be owned, operated and
maintained by the CITY, its successors, and/or assigns. Private sewage facilities are
hereby defined as all facilities not located within dedicated rights -of -way or COUNTY
owned easement areas. The CITY agrees that it shall disconnect its private sewage
pumping stations and sewer force main and connect to the COUNTY'S future gravity sewer
main when such main is located in a right-of-way or easement adjoining the CITY'S
property and is available for connection. 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 the
construction of the future sanitary sewer collection system abutting the property herein
described. As a condition of the COUNTY'S allowance of multiple private sewage pumping
stations/on-site sewage collection system, the CITY agrees to execute a unity of title and a
covenant in a form approved by the COUNTY. The executed documents shall be delivered
to the COUNTY with the execution of this Agreement.
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31. MAINTENANCE OF PRIVATE SEWAGE FACILITIES. The CITY further
agrees that it shall operate and maintain all private sewage facilities in an efficient manner
and in complete compatibility with the COUNTY'S system. The CITY agrees to make, at its
sole expense, any changes or additions to its private sewage facilities, which, from time -to -
time, maybe required in order to be compatible with the COUNTY'S system. Failure bythe
CITY to implement the changes or additions shall because for the termination of water and
sewer service by the COUNTY. Pressures in the COUNTY'S sanitary sewer 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 sewer force main
pressures are normally in the range of ten (10) to thirty (30) pounds per square inch (psi).
However, abnormal conditions with system pressures as high as seventy-five (75) psi are
occasionally possible. It is the CITY'S sole responsibility to obtain information on current
and future system conditions prior to final design of the CITY'S sewage facilities. Safety or
standby measures should be designed in the private sewage pumping facilities to offset
any extraordinary changes to the normal pressure range. In addition, it is advisable for
sewer force main materials to conform to COUNTY standards. The COUNTY will operate
its systems in a conscientious manner, but the COUNTY shall not be responsible for
damages or interruptions caused by abnormal pressures or pressure surges.
32. 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, subject to
the limits of Section 768.28 Florida Statutes, 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.
33. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage
disposal service commitment provided for in this Agreement shall be transferred, assigned
or otherwise conveyed to any other party without the express written consent of the Director
of the DEPARTMENT or his designee except as noted below. The consent of the
DEPARTMENT shall not be required in connection with the sale, lease or other
conveyance of property or any residential units or commercial establishments to any party
who will be the ultimate user of the property, including but not limited to a bona fide
purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent
of the DEPARTMENT for assignments or transfers of any water and sewage disposal
capacity allocation to any party who holds such property as an investment for resale or who
Page 11 of 14
MIAMI FREEDOM PARK, ID# 31828
intends to develop for sale a portion of the CITY'S property, so that the COUNTY can
adequately determine the demand for water and sewage disposal capacity and plan for the
fair and equitable allocation of water and sewage disposal capacity among the residents of
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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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 12 of 14
MIAMI FREEDOM PARK, ID# 31828
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
Serial Number
Page 13 of 14
MIAMI FREEDOM PARK, ID# 31828
ATTEST:
By:
Todd B. Hannon, City Clerk
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CITY OF MIAMI, A FLORIDA
MUNICIPAL CORPORATION
(SEAL) By:
Arthur Noriega, City Manager
(SEAL)
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
Serial Number
Page 14 of 14
MIAMI FREEDOM PARK, ID# 31828
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
PARCEL I
THAT PART OF THE SOUTHEAST 114 OF SECTION 29, TOWNSHIP 53 SOUTH, RANGE 41 EAST ,
MW-DADE COUNTY, FLORIDA, LYING SOUTH OF THE TAMIAMI CANAL, LESS THE EAST 35 FEET THEREOF
AND LESS THE FOLLOWING DESCRIBED PARCEL;
COMMENCE AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 114, THENCE RUN ALONG THE SOUTH LINE
OF SAID SOUTHEAST 114 S8724'18"W FOR 35.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
587'2418"W FOR 29.96 FEET TO A POINT ON A CURVE, SAID POINT BEARS N86'29'03"E FROM THE
CENTER AND IS ALSO THE WESTERLY RIGHT-OF-WAY LINE OF NW 37fH AVENUE AS SHOWN ON CITY OF
MLAMI MUNICIPAL ATLAS SHffT N0.270• THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 1463.40 FEET, A CENTRAL ANGLE OF 04'0042°FOR AN ARC DISTANCE Of 102.46
FEET TO A POINT OF TANGENCY THENCE RUN NORTHERLY N022433 E FOR 13 FEET MORE OR LESS TO
THE TOP OF 6ANK OF TAMARI CANAL; THENCE EAST ALONG THE TOP OF BANK OF TAMIAMI CANAL TO 173
INTERSECTION WITH A LINE 35 WEST ANU PARALLEL TO THE EAST LINE OF SAID SOUTHEAST 114; THENCE
SOUTHERLY ALONG SAID LINE TO THE POINT OF BEGINNING.
PARCEL 2
ALL THAT LAND LYING IN THE NORTHEAST 114 OF SECTION 32, TOWNSHIP 53 SOUTH RANGE 41 EAST,
MLAMI-DADE COUNTY, FLORIDA, MORE PAR77CULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 114 OF S41D SECTION 32; THENCE
NOO`54'35"W ALONG THE WEST LINE OF SAID NORTHEAST 114 FOR 45.00 FEETTHENCE EASTELLY ALONG
A LINE PARALLEL WITH AND 45 FEET NORTH OF THE SOUTH LINE OF SAIO NORTHEAST 114 N88'06'18"E
FOR 649.36 FEFT TO THE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED; THENCE NOO53'17"W
ALONG THE RIGHT-OF-WAY OF THE LIMITED ACCESS TO LEJEUNE ROAD (NW 42ND AVENUE) FOR 59.96
FEET THENCE RUN ALONG 500 RIGHT-OF-WAY M48-58 -49"W FOR 562.53 FEET TO A POINT ON A CURVE,
SAID POINT BEARS N4524'Of E FROM ITS CENTER; THENCE NORTHWESTERLY ALONG SAID CIRCULAR CURVE
CONCAVE TO THE NORTHnST HAVING A RADIUS OF 476 FEET, A CENTRAL ANGLE OF 41'10'53' FOR AN
ARC DISTANCE OF 337.61 FEET,- THENCE RUN ALONG SAID RIGHT-OF-WAY NO3'25'06`W FOR 623.61 FEET, -
THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY N07'58'00'W FOR 193.68 FEET TO ITS INTERSECTION
WITH A LINE PARALLEL TO AND 50 FEET EAST OF THE WEST LINE OF SAID NORTHEAST 114, THENCE RUN
ALONG THE EASTERLY RIGHT-OF-WAY LINE OF LEJEUNE ROAD (NW 42ND AVENUE) IVW5415"W FOR
1071.03 FEET TO 17S INTERSECTION WITH THE NORTH LINE OF SAID NORTHEAST 114 OF SECTION 32;
THENCE RUN ALONG SAID NORTH LINE N8724'21 E FOR 2541,51 FEET TO ITS INTERSECTION WITH THE
WESTERLY RIGHT-OF-WAY LINE OF NW 37TH AVENUE AS SHOWN ON SHEET 27D OF THE MUNICIPAL
ATLAS OF THE CITY OF MLAMI, SAID POINT OF INTERSEC7ON BEING ON A CIRCULLR CURVE CONCAVE TO
THE EAST AND SEARS N88'29'03"E TO THE CENTER OF SAID CURVE; THENCE SOUTHERLY ALONG SAID
CURVE HAVING A RADIUS OF 1463.40 FEET, A CENTRAL ANGLE OF 00'16'48"FOR AN ARC DISTANCE OF
7.15 FEET; THENCE ALONG SVO RIGHT -OF --WAY, TANGENT TO THE LAST DESCRIBED CURVE 5015257°E
FOR 246,61 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE EAST THENCE
SOUTH ALONG SAID RIGHT-OF-WAY AND CURVE HAVING A RADIUS OF 2871.79 FEET, A CENTRAL ANGLE
OF 04'46' T 3" FOR AN ARC DISTANCE OF 240,77 FEET TO A POINT OF TANGENCY,• THENCE RUN ALONG
SAID RIGHT-OF-WAY S06'41'l TE FOR 117.62 FEET TO A CIRCULAR CURVE CONCAVE TO THE WEST•
THENCE ALOND SAID RIGHT-OF-WAY AND CURVE HEAVING A RADIUS OF 2864.79 FEET A CENTRAL ANGLE
OF 04'48' 13" FOR AN ARC DISTANCE OF 240.19 FEET TO A POINT OF TANGENCY, SAID POINT BEING 35
FEET WEST OF THE EAST LINE OF SAID NORTHEAST 114 ; THENCE RUN ALONG RIGHT-OF-WAY
501'52'57"E FOR 535.07 FEET TO ITS INTERSECTION WITH A LINE 30 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF THE SOUTHEAST 114 OF THE NORTHEAST 114 OF SAID SECTION 32, THENCE
S87'46'27"W ALONG SAID PARALLEL LINE FOR 700.00 FEET TO A POINT 735 FEET WEST OF THE EAST
LINE OF SAID NORTHEAST 114, THENCE 501'5257 E PARALLEL TO SAID EAST LINE FOR 1064.42 FEET•
THENCE YIE57ERLY ALONG A LINE PARALLEL WITH AND 258.00 FEET NORTH OF THE SOUTH LINE OF SA10
NORTHEAST 114 S88'08'18"W FOR 80.00 FEET• THENCE SO1'52'57E FOR 2T3.00 FEFT THENCE
WESTERLY ALONG A LINE PARALLEL WTH AND 45 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST
114 588'0618"W FOR 1236.71 FEET MORE OR LESS TO THE POINT OF BEGINNING.
"A" 1 of 1
MIAMI FREEDOM PARK, ID# 31828
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 d/unit over 5,000 sq. ft.
Townhouse Residence
165 d/unit
Apartment
135 gpd/unit
Mobile Home Residence/Park
160 gpd/unit
Duplex or Twin Home Residence
150 gpd/unit
Residential Facility/Institution:
a) Congregate Living Facility (CLF)
b) Apartment Dormitory
c) Fire Station
d) Jail
e Other
75 gpd/bed
100 gpd/unit
10 gpd/100 sq. ft.
150 gpd/person
100 g pd/person
COMMERCIAL LAND USES
Airport:
a Common Area/Concourse/Retail
10 d/100 sq. ft.
b Food Service
see restaurant use for allocation
Bank
10 gpd/100 sq. ft.
Banquet Hall (with or without kitchen
10 gpd/100 sq. ft.
Bar, Cocktail Lounge, Nightclub, or Adult Entertainment
20 gpd/100 sq. ft.
Barber Shop
10 d/100 sq. ft.
Beauty Shop
25 d/100 sq. ft.
Big Box Retail
2.5 gpd/100 sq. ft.
Bowling Alley
100 d/lane
Car Wash:
a) Manual Washing
350 gpd/bay
b) Automated Washing
5,500 gpd/bay
Coin Laundry
110 gpd/washer
Country Club with or without kitchen
20 gpd/100 sq. ft.
Dentist's Office
20 d/100 sq. ft.
Fitness Center or Gym
10 gpd/100 sq. ft.
Funeral Home
5 gpd/100 sq. ft.
Gas Station/Convenience Store/Mini-Mart:
a Without car wash
450d/unit
b) With single automated car wash
1,750 gpd/unit
Additional single automated car wash
1,300 gpd/unit
Hospital
250 gpd/bed
Hotel or Motel
115 gpd/room
"B" 1 of 2
MIAMI FREEDOM PARK, ID# 31828
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 d/100 sq. ft.
b) Full Service
100 gpd/100 sq. ft.
c Take -Out
100 d/100 sq. ft.
Retail
10 d/100 sq. ft.
School:
a) Day care/Nursery (adults and children)
b Regular school
10 gpd/100 sq. ft.
12 d/100 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 d/100 sq. ft.
Sporting Facilities and Auditorium
3 d/seat
Theater
a Indoor
1 d/seat
b Outdoor/Drive-in
5 d/s ace
Veterinarian Office
20 d/100 sq. ft.
Warehouse/S peculation Building
2 d/100 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
MIAMI FREEDOM PARK, ID# 31828
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS GALLONAGE COMPLETION OF
(gpd)
Construct and connect to the County's
water and sewer systems:
25,000-seat sporting facility 75,000
360,000 sq. ft. of full -service restaurant 360,000
240,000 sq. ft. of retail 24,000
750 hotel rooms 86,250
400,000 sq. ft. of office 20,000
Public Park with toilets, capacity for 500 11,500
persons
BUILDING CONNECTION
2023 — 2024
2023 — 2024
2023 — 2024
2023 — 2024
2023 — 2024
2023 — 2024
"C', 1 of 1
MIAMI FREEDOM PARK, ID# 31828
UNITY OF TITLE
THIS UNITY OF TITLE, made and entered into this day of
, 2023, by CITY OF MIAMI, a Florida municipal corporation,
hereinafter designated as the "OWNER", whose mailing address is: 444 S.W. 2 Avenue, Suite
325, Miami, Florida 33130, to Miami -Dade County, a political subdivision of the State of
Florida, its successors and assigns, hereinafter designated as the "COUNTY";
WITN ESSETH
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated as
the "DEPARTMENT", operates the sewer system owned by the COUNTY; and
WHEREAS, the OWNER holds the fee simple title to the land in Miami -Dade County,
Florida ("County"), described in Exhibit "A," attached hereto and hereinafter called the
"Property;" and
WHEREAS, the OWNER desires that it be allowed to operate and maintain multiple
private sewage pumping stations and associated other facilities, including gravity sewer lines,
from which the Property shall be connected to the sanitary sewer system owned and operated
by the COUNTY; and in consideration of providing said services at a substantial savings to the
OWNER by allowing new connection to private facilities within the Property rather than requiring
that the connections be made directly to facilities of the COUNTY within dedicated rights -of -way
or easements, the OWNER agrees to restrict the use of the Property as described herein; and
WHEREAS, the COUNTY wishes to ensure that a single entity shall be responsible for
operating and maintaining in good working order the private sewage pumping stations and other
associated facilities serving the Property; and
WHEREAS, the OWNER recognizes and acknowledges that for the public health,
welfare, safety and morale, the herein described property should not be divided into separate
parcels owned by several owners, and in consideration of providing sewer services by the
COUNTY to the subject property at a substantial savings to the OWNER by allowing new
connections to private facilities of the OWNER within the property described above rather than
requiring that the connections be made directly to facilities of the COUNTY located within
dedicated rights -of -way, and for other good and valuable considerations, the OWNER hereby
agrees to restrict the use of the subject property in the following manner:
1. The OWNER further agrees that described properties shall be considered as one
plot and parcel of land and that no portion of said plot and parcel of land shall be sold,
transferred, devised or assigned separately, except in its entirety as one plot or parcel of land.
However, the sale of individual condominium units shall not be prohibited.
- 1 -
MIAMI FREEDOM PARK, ID# 31828
2. The OWNER shall be solely responsible for operating and maintaining the said
private sanitary sewage pumping stations in an efficient manner and in complete compatibility
with the COUNTY'S system. The OWNER shall prevent said pumping stations from being a
nuisance or detrimental to public health or safety. The OWNER shall make, at its sole expense,
any reasonable changes or additions to keep pressures compatible with the COUNTY'S system.
The OWNER shall ensure that all necessary permits for said systems are obtained, and for
ensuring that the requirements of such permits are at all times complied with. Nothing contained
herein shall be construed as waiving the requirement that the OWNER complies with any
provision of the Code of Miami -Dade County, or waiving any such provision with respect to the
development.
3. The OWNER shall disconnect its temporary, private sanitary sewage pumping
stations and reconnect its on -site 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 OWNER. Further, the OWNER 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.
4. The OWNER further agrees that this condition, restriction, and limitation shall be
deemed a covenant running with the land and shall remain in full force and effect and be binding
upon the undersigned, its successors and assigns, until such time as the same may be released
in writing by the Director or designee of the DEPARTMENT and by the Division of
Environmental Resources Management (DERM) or successor department, provided,
however, that said release shall only be executed when the Property has connected at no cost
to the COUNTY to additional sewer facilities within dedicated rights -of -way or easements that
have been properly constructed, so that all portions of the property can be served from adjacent
and abutting sewer facilities of the COUNTY, or if no development utilizing a private system or
facilities was constructed or developed on the property prior to the expiration or release of an
Agreement for Water and/or Sanitary Sewer Services between the OWNER and Miami -Dade
County.
5. This Unity of Title is being recorded in the Public Records of Miami -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 OWNER shall pay all
recording fees.
6. The OWNER does hereby fully warrant that it has good title to the above
described property and that it has full power and authority to execute this Unity of Title.
This instrument prepared by:
Christopher Schaffer
New Business Section
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
-2-
MIAMI FREEDOM PARK, ID# 31828
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials as of the day and year above written.
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:
Serial Number
Brandon Garcia, New Business Manager
Assistant County Attorney For: Roy Coley, Director
Miami -Dade Water and Sewer Department
-3-
MIAMI FREEDOM PARK, ID# 31828
EXHIBIT "A"
OF
UNITY OF TITLE
CITY OF MIAMI
LEGAL DESCRIPTION
PARCEL f
THAT PART OF ME SOUTHEAST 114 OF SEC770N 29, TOWNSHIP 53 SOUTH, RANGE 41 EAST
XWI-DARE COUNTY, FLORIIkf, LYING SOUTH OF THE TAMIAMI CANAL, LESS THE EAST 35 FEET THEREOF
AND LESS THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE SOUTHEAST CORNER OF .SAID SOUTHEAST 114, THENCE RUN ALONG THE SOUTH LINE
OF SAID SOUTHEAST 114 S8724'18"W FOR 35.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
58724'18"W FOR 29.98 FEET TO A POINT ON A CURVE, SAID POINT BEARS N88'29'03"E FROM THE
CENTER AND 15 ALSO THE WESTERLY RIGHT-OF-WAY LINE OF NW 371H AVENUE AS SHOWN ON CITY OF
MIAMI MUNICIPAL ATLAS SHEET N0.27D; THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 1463.40 FEET, A CENTRAL ANGLE OF 04'00'42°FOR AN ARC DISTANCE OF 102.46
FEET TO A POINT OF TANGENCY THENCE RUN NORTHERLY N0224:33 E FOR 13 FEET MORE OR LESS TO
THE TOP OF BANK OF TAMGAMI CANAL; THENCE EAST ALONG THE TOP OF BANK OF TAMIAMI CANAL TO ITS
INTERSECTION WITH A LINE 35 WEST AND PARALLEL TO THE EAST LINE OF SAID SOUTHEAST 114, THENCE
SOUTHERLY ALONG SAID LINE TO THE POINT OF BEGINNING.
PARCEL 2
ALL ThAT LAND LYING IN THE NORTHEAST 114 OF SECTION 32, TOWNSHIP 53 SOUTH RANGE 41 EAST,
MIAMI-DARE COUNTY, FLORIDA, MORE PAR77CULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 114 OF S41D SECTION 32; THENCE
N00*54'35'W ALONG THE WEST LINE OF SAID NORTHEAST 114 FOR 45.00 FEET, ° THENCE EASTELRY ALONG
A LINE PARALLEL WITH AND 45 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 114 N8808'18"E
FOR 849.36 FEE7 TO THE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED; THENCE N0053117W
ALONG THE RIGHT-OF-WAY OF THE LIMITED ACCESS TO LEJEUNE ROAD (NW 42ND AVENUE) FOR 59.96
FEET,' THENCE RUN ALONG 5140 RIGHT-OF-WAY N46'58'49'W FOR 562,53 FEET TO A POINT ON A CURVE,
SAID POINT BEARS N45 24'0 f E FROM ITS CENTER; THENCE NORTHWESTERLY ALONG SAID CIRCULAR CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 476 FEET, A CENTRAL ANGLE OF 41'10'53` FOR AN
ARC DISTANCE OF 337.61 FEET,' THENCE RUN ALONG SAID RIGHT-OF-WAY NO3'25'06'W FOR 623.61 ASET'�
THENCE NORTHWESTERLY ALONG SAID RIGHT -OF --WAY NO758'O0'W FOR 193,66 FEET TO ITS INTERSECTION
WITH A LINE PARALLEL TO AND 50 FEET EAST OF THE WEST LINE OF SAID NORTHEAST 114, THENCE RUN
ALONG THE EASTERLY RIGHT -OF WAY LINE OF LEJEUNE ROAD (NW 42ND AVENUE) N00'5415"W FOR
1071.03 FEET TO ITS INFERSEC770N WITH THE NORTH LINE OF SAID NORTHEAST 114 OF SECTION 32;
THENCE RUN ALONG SAID NORTH LINE N872421 E FOR 2541,51 FEET TO ITS INTERSECTON WITH THE
WESTERLY RIGHT-OF-WAY LINE OF NW 37TH AVENUE AS SHOWN ON SHEET 27D OF THE MUNICIPAL
ATLAS OF THE CITY OF MIAMI, SAID POINT OF INTERSECTON BEING ON A CIRCULLR CURIAE CONCAVE TO
THE EAST AND BEARS N88'29'03"E TO THE CENTER OF SAID CURVE; THENCE SOUTHERLY ALONG SAID
CURVE HAVING A RADIUS OF 1463.40 FEET, A CENTRAL ANGLE OF 00'16'48"FOR AN ARC DISTANCE OF
7.15 FEET; THENCE ALONG SAID RIGHT-OF-WAY, TANGENT TO THE LAST DESCRIBED CURVE SOI5257`E
FOR 246.61 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE EAST;• THENCE
SOUTH ALONG SAID RIGHT-OF-WAY AND CURIAE HAVING A RADIUS OF 2871.79 FEET, A CENTRAL ANGLE
OF 04'4613"FOR AN ARC DISTANCE OF 240.77 FEET TO A POINT OF TANGENCY- THENCE RUN ALONG
SAID RIGHT-OF=WAY SO6'41'1 fE FOR 1 f7.62 FEET TO A CIRCULAR CURVE CONCAVE TO THE WEST -
THENCE ALOND SAID RIGHT-OF-WAY AND CURVE HAVING A RADIUS OF 2864.79 FEET, A CENTRAL ANGLE
OF 04'48' 13" FOR AN ARC DISTANCE OF 240.19 FEET TO A POINT OF TANGENCY, SAID POINT BEING 35
FEET WEST OF THE EAST LINE OF SAID NORTHEAST 114 ; THENCE RUN ALONG RIGHT-OF-WAY
501'52'57'E FOR 535.07 FEET TO ITS INTERSECTION WITH A LINE 30 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF THE SOUTHEAST 114 OF THE NORTHEAST 114 OF .SAID SECTION 32 THENCE
S87"4627'W ALONG SAID PARALLEL LINE FOR 7DO.00 FEET TO A POINT 735 FEET WEST OF 774E EAST
LINE OF SAID NORTHEAST 114, THENCE SOI `52''S7 E PARALLEL TO S41D EAST LINE FOR 1064.42 FEET;
THENCE WESTERLY ALONG A LINE PARALLEL WITH AND 256.00 FEET NORTH OF THE SOUTH LINE OF SAID
NORTHEAST 114 S88'08'18"W FOR 80.00 FEET,' THENCE SO1'52°57 E FOR 213.00 FEET., THENCE
WESTERLY ALONG A LINE PARALLEL WITH AND 45 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST
114 S86'08' 18'W FOR 1236.71 FEET MORE OR LESS TO THE POINT OF BEGINNING
"A" 1 of 1