HomeMy WebLinkAboutExhibitsRIVERSIDE WHARF, ID# 31898
AGREEMENT
FOR
WATER AND SANITARY SEWER FACILITIES
BETWEEN
MIAMI-DADE COUNTY
RIVERSIDE WHARF LLC
This instrument prepared by:
Christopher Schaffer
New Business Section
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
RIVERSIDE WHARF, ID# 31898
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 RIVERSIDE WHARF LLC,
a Florida limited liability company, hereinafter designated as the "DEVELOPER", whose
mailing address is: 255 Alhambra Circle, Suite 760, Coral Gables, Florida 33134.
WITNESSETH:
WHEREAS, the DEVELOPER desires water and sewer service to be rendered to
property a portion of which is owned by the DEVELOPER and a portion of which is leased
to the DEVELOPER by the CITY OF MIAMI, hereinafter designated the "CITY", and
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter
designated as the "DEPARTMENT", operates the water and sewer systems owned by the
COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants entered into between
the parties hereto to be made and performed and in consideration of the benefits to accrue
to each of the respective parties, it is covenanted and agreed to as follows:
1. DEVELOPER'S PROPERTY. The DEVELOPER owns a certain tract of land
(folios 01-0113-090-1160/-1280 and folio 01-0114-000-1090) and leases a certain tract of
land in Miami -Dade County, Florida (folios 01-0114-000-2010 and 01 -4137-031 -0010),
under a Ground Lease with the CITY, dated June 28, 2017, which is legally described in
Exhibit "A" attached hereto and made a part hereof, hereinafter sometimes described as
the "DEVELOPER'S property". The DEVELOPER has requested that the DEPARTMENT
render water and sewer service to the DEVELOPER'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. DEVELOPER ACKNOWLEDGMENT. The DEVELOPER hereby
acknowledges and agrees that any right to connect the DEVELOPER'S property to the
COUNTY'S sewage 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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RIVERSIDE WHARF, ID# 31898
4. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY
will provide an adequate domestic water supply for the DEVELOPER'S property and will
receive and dispose of sanitary sewage from the DEVELOPER'S property. The
DEVELOPER shall pay water and sewer connection charges for all those units to be
constructed on the DEVELOPER'S property subject to the limitations specified herein. The
DEVELOPER acknowledges that, to the extent that water or sewer service will ultimately
be rendered to the DEVELOPER'S property by a volume customer, the DEVELOPER 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 DEVELOPER
acknowledges that it is a new retail customer of the COUNTY and accordingly also liable
for payment of connection charges. The DEVELOPER 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 DEVELOPER'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 DEVELOPER intends
to construct and connect to the COUNTY'S water and sewer systems thirty thousand seven
hundred ninety-one (30,791) square feet of full -service restaurant, six thousand two
hundred seventy-three (6,273) square feet of retail, fifty-nine thousand three hundred two
(59,302) square feet of bar/cocktail lounge, one hundred seventy-four (174) hotel rooms,
one thousand one hundred two (1,102) square feet of office, fourteen thousand three
hundred thirteen (14,313) square feet of banquet hall, and an eighteen (18) slip marina,
representing a combined average daily gallonage of sixty-five thousand eight hundred fifty-
four (65,854) gallons, replacing three thousand two hundred forty (3,240) square feet of
retail, previously connected to the COUNTY'S water and sewer systems representing an
average daily gallonage credit of three hundred twenty-four (324) gallons, and with an
additional credit for twenty-six thousand eight hundred thirty-six (26,836) gallons, per
Verification Form 20-2020W-VF-348 and Invoice #72747. Therefore, the agreed total
average daily gallonage increase is thirty-eight thousand six hundred ninety-four (38,694)
gallons, resulting in combined water and sewer connection charges in the amount of two
hundred seventy thousand four hundred seventy-one dollars and six cents ($270,471.06).
However, 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 water and
sewer connection charge rates are subject to revision by the Board of County
Commissioners at any time. The DEPARTMENT'S current connection charge rates are one
dollar and thirty-nine cents ($1.39) and five dollars and sixty cents ($5.60) per gallon per
day for water and sewer, respectively. The DEVELOPER 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 DEVELOPER'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 DEVELOPER constructs
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
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RIVERSIDE WHARF, ID# 31898
the DEVELOPER'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 DEVELOPER. If requested by the DEPARTMENT, the
DEVELOPER 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 DEVELOPER'S property.
6. POINTS OF CONNECTION. The DEPARTMENT shall provide points of
connection to the DEVELOPER based on the project as specified in the AGREEMENT.
The DEVELOPER 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 DEVELOPER'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 DEVELOPER'S responsibility to install the lateral at its own
expense.
8. REMOVAL/RELOCATION OF FACILITIES. The DEVELOPER hereby
acknowledges and agrees that any existing COUNTY water and/or sewer facilities and all
appurtenances including fire hydrants within the DEVELOPER'S property that will conflict
with proposed development must be removed and/or relocated, and all easements and/or
maintenance/access corridors associated with said facilities released and/or relocated.
Said relocation and/or removal of facilities shall be performed by orforthe DEVELOPER in
accordance with plans and specifications to be approved by the COUNTY and in such a
manner that there will be no interruption of services to the COUNTY'S existing customers.
All costs incurred shall be borne solely by the DEVELOPER. The removal and/or
relocation of certain water and/or sewer facilities and releasing and/or relocating of
associated easements and/or maintenance/access corridors are conditions precedent to
the issuance of water and sewer verification forms for construction of those proposed
buildings that conflict with said water and/or sewer facilities, unless the DEPARTMENT is
able to protect its facilities and/or associated easements and/or maintenance/access
corridors through a "hold" on the foundation inspection that is issued in conjunction with
Miami -Dade Department of Regulatory and Economic Resources (RER). The
determination of the availability for placement of said hold shall be within the sole discretion
of the DEPARTMENT. Those projects that are not within the jurisdiction of the COUNTY'S
building permitting process shall not be eligible for consideration of that hold.
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9. DESIGN AND CONSTRUCTION OF FACILITIES. The DEVELOPER 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,
gravity sewer mains, laterals, manholes, and all appurtenances thereto for a complete
installation. The final design and construction of the facilities shall meet the requirements
set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" for water
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.
10. INSPECTION. The COUNTY shall have the right but not the obligation to
make engineering inspections of all the construction work performed by the DEVELOPER
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 DEVELOPER 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
DEVELOPER of responsibility for the quality and condition of materials and workmanship.
11. TESTS. 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, shall 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 the tests.
12. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule
construction meetings with the DEVELOPER'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.
13. SUBCONTRACTORS AND CONSULTANTS. The COUNTY reserves the
right, at any time, to bar any subcontractor or consultant employed by the DEVELOPER
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 DEVELOPER 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.
14. COMPLIANCE WITH ALL LAWS. The DEVELOPER, at its own cost and
expense, shall comply with all applicable laws, statutes, rules, and ordinances in carrying
out the activities contemplated herein.
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RIVERSIDE WHARF, ID# 31898
15. APPROVALS AND PERMITS. The DEVELOPER 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
DEVELOPER is responsible for obtaining all permits as may be required for the work
contemplated herein pursuant to the Code of Miami -Dade County.
16. 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 DEVELOPER orthe DEVELOPER'S contractorwill
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 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 DEVELOPER pursuant to such permits.
The security shall be furnished prior to the start of construction and shall be in an amount
equal to the COUNTY'S cost estimate for the permit work. The DEVELOPER shall have
sixty (60) days to resolve any claims by a permittor. Otherwise, the DEPARTMENT shall
be entitled to pay said claims from the security. The DEVELOPER shall be liable for all
costs in excess of the security.
17. WATER SERVICE LINES. Any water service lines two (2) inches or less in
diameter that are required for the DEVELOPER'S property which will be directly connected
to existing mains owned by the COUNTY shall be installed by the DEVELOPER'S
Contractor under supervision of a DEPARTMENTAL Water Distribution Licensed Operator
and Donations Inspector. The DEVELOPER hereby agrees to pay to the COUNTY its work
order charges prior to any such installation.
18. 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 DEVELOPER shall
pay all applicable installation fees.
19. 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 DEVELOPER'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.
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RIVERSIDE WHARF, ID# 31898
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 DEVELOPER does not utilize the yearly amount of water or sewage treatment facility
allocation specified in Exhibit "C", said amount will be available to the DEVELOPER in the
next calendar year subject to the limitations and provisions specified herein.
20. 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 DEVELOPER is granted necessary sewer
allocation, as specified in paragraph 4 hereinabove. However, it is mutually agreed and
understood by the COUNTY and the DEVELOPER that the allocation of capacity by the
COUNTY does not guarantee the ability of the COUNTY to supply water for the
DEVELOPER'S property or the ability to receive and dispose of sewage originating from
the DEVELOPER'S property. Capacity allocation is subject to local, state and federal
agencies and other regulatory bodies having jurisdiction. In connection therewith, the
DEVELOPER agrees that the COUNTY shall not be liable or in any way responsible for any
costs, claims or losses incurred by the DEVELOPER as a result of actions by regulatory
bodies, which are related to capacity allocation.
21. FACILITIES EASEMENTS. If the facilities contemplated herein or any
portion thereof are installed within private property outside of public right-of-way, the
facilities shall be installed in the center of a twelve (12) foot wide easement for water
facilities, and a fifteen (15) foot wide easement for sewer facilities, both with a twenty-five
(25) foot minimum vertical clearance above the finished grade. The DEPARTMENT shall
have twenty-four (24) hour access to the easement for emergency purposes. If the facilities
are not located in platted easements, then easements shall be granted to the COUNTY by
the DEVELOPER prior to the COUNTY'S installation of a water meter and/or the rendition
of sewer service to the DEVELOPER'S property. The DEVELOPER 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 DEVELOPER shall
remove same, at the DEVELOPER'S cost, at the direction of the COUNTY. The
DEVELOPER 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 DEVELOPER 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 DEVELOPER in replacing any such pavers or other structures removed by
the DEPARTMENT.
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RIVERSIDE WHARF, ID# 31898
22. 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 DEVELOPER and the CITY are the owners 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
OWNER, a valid and enforceable easement will be vested to the COUNTY. The
DEVELOPER shall pay for all recording fees and for all documentary stamps. The details
for all conveyances are specified herein. Failure of the DEVELOPER to provide proper
conveyances shall be cause for the COUNTY to refuse to render service to the
DEVELOPER'S property.
23. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of
the water facilities contemplated herein for COUNTY ownership, the COUNTY shall provide
a conveyance package for execution by the DEVELOPER. 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 DEVELOPER 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 DEVELOPER'S property and all persons who incorporate materials into the
property, together with a breakdown of the actual cost of said facilities. Concurrently, the
DEVELOPER 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.
24. TERM OF AGREEMENT. Both the DEVELOPER and the COUNTY
recognize that time is of the essence and that this Agreement shall be deemed null and
void and unenforceable if the DEVELOPER 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.
b. Once the DEVELOPER 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.
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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 DEVELOPER 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 performance of this Agreement by the DEVELOPER or
its employees, agents, servants, partners, principals, contractors and/or subcontractors.
The DEVELOPER 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 DEVELOPER expressly
understands and agrees that any insurance protection required by this Agreement or
otherwise provided by the DEVELOPER shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the COUNTY or its officers, employees, agents and
instrumentalities as herein provided. The provisions in this clause shall survive the
termination or expiration of this Agreement.
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 DEVELOPER agrees to pay to the COUNTY the
prevailing service charges for water supply and fire protection, sewage collection and
disposal within the DEVELOPER'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.
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29. OPINION OF TITLE. With the execution of this Agreement, the
DEVELOPER at its own expense shall deliver to the DEPARTMENT an opinion of title for
the DEVELOPER'S property, issued by a qualified attorney licensed to practice law in the
State of Florida, which states that the DEVELOPER is owns fee simple title to the property
referred to herein and is the lessee of the property referred to herein, and the CITY owns
fee simple title to the property referred to herein.
30. 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 DEVELOPER 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 DEVELOPER may request approval for the use of floating meters prior to
actual conveyance of title to the facilities to the COUNTY. However, the COUNTY maybe
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 DEVELOPER agrees to indemnify and hold the COUNTY harmless
from and against all claims, actions, judgments, damages, loss, cost and expense including
reasonable attorney's fees which may be incurred by the COUNTY in connection with the
rendition of water service through the facilities constructed and installed by the
DEVELOPER 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.
31. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage
disposal service commitment provided for in this Agreement shall be transferred, assigned
or otherwise conveyed to any other party without the express written consent of the Director
of the DEPARTMENT or his designee except as noted below. The consent of the
DEPARTMENT shall not be required in connection with the sale, lease or other
conveyance of property or any residential units or commercial establishments to any party
who will be the ultimate user of the property, including but not limited to a bona fide
purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent
of the DEPARTMENT for assignments or transfers of any water and sewage disposal
capacity allocation to any party who holds such property as an investment for resale or who
intends to develop for sale a portion of the DEVELOPER'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 DEVELOPER'S property is transferred or conveyed,
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.
32. ENTIRE AGREEMENT. This Agreement supersedes all previous
agreements and representations, whether oral or written, between the DEVELOPER 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.
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33. 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.
34. 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 DEVELOPER shall pay all recording fees.
35. 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.
36. 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.
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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:
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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 12023,
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
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RIVERSIDE WHARF, ID# 31898
WITNESSETH:
signature
print name
signature
print name
STATE OF
COUNTY OF
RIVERSIDE WHARF LLC, A FLORIDA
LIMITED LIABILITY COMPANY
BY: DRIFTWOOD-MV MIAMI RIVERSIDE
WHARF DEVELOPER, LLC, A
DELAWARE LIMITED LIABILITY
COMPANY
By:
signature
print name
The foregoing instrument was acknowledged before me by means of: (check one)
❑ physical presence; or ❑ remote audio-visual means, this day of ,
2023, by , who is personally known to me or has/has not
produced as identification and did/did not take an oath.
Notary Public
print name
Approved for Legal Sufficiency:
Assistant County Attorney
Serial Number
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RIVERSIDE WHARF, ID# 31898
JOINDER AND CONSENT
The CITY OF MIAMI, a Florida municipal corporation, as the fee simple owner of a portion of the
property described in Exhibit "A", which property is leased to Riverside Wharf LLC, a Florida limited
liability company, hereby joins and consents to this Agreement, ID# 31898, for "Riverside Wharf"
(the "Agreement"), and to the provisions that are imposed through the Agreement by Riverside Wharf
LLC, as Developer of the Property legally described in Exhibit A of the Agreement.
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 Serial Number
Approved for Legal Sufficiency:
Assistant County Attorney
Page 14 of 14
RIVERSIDE WHARF, ID# 31898
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
RIVERSIDE WHARF LLC
Properties owned by Riverside Wharf LLC — Folios 01-0113-090-1160/-1280 &
01-0114-000-1090
A PARCEL OF LAND LYING IN SECTION 37. TOWNSHIP 54 SOUTH, RANGE 41 EAST, MIAMI DADE COUNTY, FLORIDA.
TOGETHER WITH LOTS 1 AND 2, OF EAST RIVERSIDE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
28, AT PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
PARCEL 2 (01-0113-090-1160)
BEGIN AT A POINT OF INTERSECTION OF THE SOUTH BOUNDARY LINE OF LOT 13, BLOCK 139 N, NEW LOCATION OF
NORTH RIVER DRIVE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4 AT PAGE 154. OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PROJECTED SOUTHWESTERLY, WITH THE WEST RIGHT-OF-WAY LINE
OF NORTH RIVER DRIVE AS SHOWN ON SAID PLAT OF NEW LOCATION OF NORTH RIVER DRIVE; THENCE N3353'07"W
ALONG SAID RIGHT-OF-WAY LINE, FOR 138.01 FEET TO A POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE WITH
THE SOUTHWESTERLY EXTENSION OF THE FOLLOWING DESCRIBED LINE; BEGIN AT THE N.E. CORNER OF LOT 11, BLOCK
139N, OF CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK A AT PAGE 54, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTHEASTERLY ALONG THE WESTERN LINE OF LOT 10
OF SAID BLOCK 139N FOR 37.5 FEET. THENCE IN A SOUTHWESTERLY DIRECTION TO A POINT ON THE EASTERN
BOUNDARY OF NORTH RIVER STREET AS SHOWN ON SAID PLAT OF CITY OF MIAMI, SAID POINT BEING 75 FEET
NORTHWESTERLY, ALONG SAID BOUNDARY OF NORTH RIVER STREET, FROM THE SOUTHWEST CORNER OF LOT 12 OF SAID
BLOCK 139N; THENCE SOUTHWESTERLY, ALONG THE EXTENSION OF THE PREVIOUSLY DESCRIBED LINE FOR 50.98 FEET
TO A POINT ON THE MIAMI RIVER FACE OF AN EXISTING CONCRETE BULKHEAD; THENCE ALONG SAID FACE OF THE
EXISTING CONCRETE BULKHEAD FOR THE FOLLOWING DESCRIBED TWO (2) COURSES; 1) THENCE S33''04'10"E FOR 7.63
FEET; 2) THENCE S20'5fP25"E FOR 147.31 FEET TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY EXTENSION
OF THE PREVIOUSLY DESCRIBED SOUTH LINE OF LOT 13, BLOCK 139N; THENCE N5754'43"E ALONG THE PREVIOUSLY
DESCRIBED LINE. FOR 81.90 FEET TO THE POINT OF BEGINNING.
PARCEL 3 (01-0114-000-1090)
THAT CERTAIN TRACT OF LAND LYING WEST OF LOT 9. BLOCK 140, NORTH, CITY OF MIAMI, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK A. PAGE 54 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MORE
PARTICULARLY DESCRIBED AS FOLLOWS,, BOUNDED ON THE NORTHERLY SIDE BY A LINE PARALLEL TO AND 10 FEET
SOUTHERLY AT RIGHT ANGLES FROM THE NORTHERLY LINE OF LOT 9, BLOCK 140. IN CITY OF MIAMI, ACCORDING TO
THE PLAT THEREOF. RECORDED IN PLAT BOOK A. AT PAGE 54 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY.
PRODUCED WESTERLY TO THE SHORE LINE OF THE MIAMI RIVER; BOUNDED ON THE EASTERLY SIDE BY THE WESTERLY
LINE OF NORTH RIVER DRIVE, AS SHOWN ON PLAT OF "NEW LOCATION OF NEW RIVER DRIVE" AS RECORDED IN PLAT
BOOK 4. AT PAGE 1 64 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA: BOUNDED ON THE SOUTHERLY
SIDE BY THE SOUTHERLY SIDE OF LOT 9, BLOCK 140 IN CITY OF MIAMI, PRODUCED WESTERLY TO THE SHORE LINE OF
MIAMI RIVER; AND BOUNDED ON THE WESTERLY SIDE BY THE SHORE LINE OF THE MIAMI RIVER;
AND
THE NORTH 15.0 FEET OF LOT 1, EAST RIVERSIDE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
28. AT PACE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PARCEL 6 (01-0113-090-1280)
BEGINNING AT THE POINT WHERE THE CENTER LINE OF S.W. 2ND STREET (FORMERLY 14TH STREET) INTERSECTS THE
WEST BOUNDARY LINE OF S.W, NORTH RIVER DRIVE (FORMERLY NORTH RIVER STREET); THENCE RUN WEST ALONG THE
EXTENSION OF CENTER LINE OF SAID S.W. 2ND STREET TO THE LOW WATER MARK ON THE MIAMI RIVER; THENCE
MEANDER THE LOW WATER MARK OF MIAMI RIVER TO THE POINT 3 FEET SOUTH OF THE POINT WHERE THE SOUTH
BOUNDARY LINE OF SAID S.W. 2ND STREET WOULD INTERSECT THE LOW WATER MARK OF THE MIAMI RIVER, IF THE SAID
SOUTH BOUNDARY LINE WERE PROJECTED TO THE WATERS OF SAID RIVER; THENCE EAST PARALLEL WITH AND 3 FEET
SOUTH OF THE SOUTH BOUNDARY LINE OF SAID S.W. 2ND STREET TO THE WEST BOUNDARY LINE OF SAID S.W. NORTH
RIVER DRIVE; THENCE RUN ALONG SAID S.W. NORTH RIVER DRIVE IN A NORTHWESTERLY DIRECTION TO THE POINT OF
BEGINNING.
AND
BEGIN AT A POINT WHERE THE NORTH LINE OF 14TH STREET (NOW KNOWN AS S.W. 2ND STREET) PRODUCED WEST
INTERSECTS THE WEST LINE OF S.W. NORTH RIVER DRIVE,, THENCE RUN NORTHWESTERLY ALONG THE WEST LINE OF
S.W. NORTH RIVER DRIVE FOR A DISTANCE OF 68.204 FEET TO A POINT WHERE THE N.W. BOUNDARY LINE OF LOT 14.
BLOCK 139 NORTH, CITY OF MIAMI, PRODUCED SOUTHWESTERLY INTERSECTS SAID WEST LINE OF S.W. NORTH RIVER
DRIVE; THENCE RUN SOUTHWESTERLY ALONG THE NORTHWEST BOUNDARY LINE OF LOT 14. PRODUCED FOR DISTANCE
OF 63.2 FEET MORE OR LESS, TO THE LOW WATER LINE OF MIAMI RIVER; THENCE MEANDER SOUTHEASTERLY ALONG
THE LOW WATER LINE OF MIAMI RIVER, TO A POINT WHERE SAID LOW WATER LINE INTERSECTS THE CENTER LINE OF
14TH STREET PRODUCED; THENCE RUN EAST ALONG THE CENTER LINE OF 14TH STREET PRODUCED TO ITS
INTERSECTION WITH THE WEST LINE OF S.W, NORTH RIVER DRIVE; THENCE RUN NORTHWESTERLY ALONG THE WEST LINE
OF S.W. NORTH RIVER DRIVE FOR A DISTANCE OF 23.476 FEET TO THE POINT OF BEGINNING.
"A" 1 of 2
RIVERSIDE WHARF, ID# 31898
Properties owned by the City of Miami and leased to Riverside Wharf LLC
(Folios 01-0114-000-2010 and 01 -4137-031 -0010)
LOT 1, LESS THE NORTH +5 FEET, OF EAST RIVERS+DE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 28, PAGE 43, OF THE PUBLIC RECORDS OF DARE COUNTY, FLORIDA
AND
LOT 2, EXCEPT THE SOUTH 57.6 FEET OF EAST RIVERSIDE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 28, AT PAGE 43, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LESS RIGHT OF WAY OF STATE ROAD
NO. 9, ACCORDING TO RIGHT OF WAY ASAP IN PLAT BOOK 03, PAGE 21 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA AND LESS BEGIN AT THE NORTH LINE OF SAID LOT 2 AT A POINT 115.06 FEET NORTH 87°43'3e EAST FROM
THE NORTHWEST CORNER THEREOF, THENCE NORTH 8743'34" EAST 109.25 FEET ALONG THE NORTH LINE OF SAID LOT
2 TO THE NORTHEASTERLY CORNER THEREOF, THENCE SOUTH 35'31'26' EAST 122.57 FEET ALONG THE NORTHEASTERLY
LINE OF SAID LOT 2, THENCE SOUTH 87`43'34' WEST 203.70 FEET, THENCE NORTH 12-36'47' EAST 106.07 FEET TO
THE POINT OF BEGINNING.
"A" 1 of 2
RIVERSIDE WHARF, ID# 31898
EXHIBIT "B" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
RIVERSIDE WHARF LLC
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 d/unit 3,001-5,000 sq. ft.
510 gpd/unit (over 5,000 sq. ft.)
Townhouse Residence
165 d/unit
Apartment
135 d/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 gpd/100 sq. ft.
Big Box Retail
2.5 gpd/100 sq. ft.
Bowling Alley
100 gpd/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
RIVERSIDE WHARF, ID# 31898
TYPES OF COMMERCIAL LAND USES (CONTINUED)
House of Worship
10 gpd/100 sq. ft.
Industrial use NOT discharging a process wastewater
and NOT utilizing potable water for an industrial
process (including but not limited to automotive repair,
boat repair, carpentry, factory, machine shop, welding
4 gpd/100 sq. ft.
Industrial use discharging a process wastewater or
utilizing potable water for an industrial process based
on system design and evaluation by the Department
4 gpd/100 sq. ft.
Kennel
15 gpd/100 sq. ft.
Marina
60 gpd/slip
Nail Salon
30 gpd/100 sq. ft.
Nursing/Convalescent Home
125 gpd/bed
Office Building
5 gpd/100 sq. ft.
Pet Grooming
20 gpd/100 sq. ft.
Physician's Office
20 gpd/100 sq. ft.
Public Park:
a) With toilets only
5 gpd/person
b) With toilets and showers
20 gpd/person
Public Swimming Pool Facility
30 gpd/person
Recreational Vehicle (RV) Park (seasonal use)
150 gpd/space
Restaurant
a) Fast Food
65 gpd/100 sq. ft.
b) Full Service
100 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/Speculation 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"2of2
RIVERSIDE WHARF, ID# 31898
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
RIVERSIDE WHARF LLC
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS
Construct and connect to the County's
water and sewer systems:
30,791 sq. ft. of full -service restaurant
6,273 sq. ft. of retail
59,302 sq. ft. of bar/cocktail lounge
174 hotel rooms
1,102 sq. ft. of office
14,313 sq. ft. of banquet hall
18 slip marina
Previously connected to the County's water
and sewer systems 3,240 sq. ft. of retail
GPD credit per VF and Invoice
GALLONAGE
(9pd)
30,791
627
11,680
20,010
55
1,431
1,080
-324 (credit)
-26,836 (credit)
COMPLETION OF
BUILDING CONNECTION
2023 — 2024
2023 — 2024
2023 — 2024
2023 — 2024
2023 — 2024
2023 — 2024
2023 — 2024
n/a
n/a
"C" 1 of 1
M,= E MIAMI - DADE WATER AND SEWER DEPARTMENT
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EXHIBIT "A" - 1
LOCATION SKETCH
SCALE: N.T.S
-THIS IS NOT A SURVEY-
RIVERSIDE WHARF
AGMT ID# 31898
FOLIO# 01-0113-090-1160/-1280 & 01-0114-000-1090
01-0114-000-2010 & 01-4137-031-0010
MIAMI-DADE COUNTY SEC 01-54-41
January 18, 2023
RIVERSIDE WHARF, ID# 31898
UNITY OF TITLE
(South Parcel)
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";
WITNESSETH
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated as
the "DEPARTMENT", operates the water and sewer systems 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;"
WHEREAS, the OWNER desires that it be allowed to operate and maintain a private
water and sanitary sewer system and associated other facilities, including gravity sewer lines,
from which the Property shall be connected to the water system and 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 water and sanitary sewer systems
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 water and 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.
- 1 -
RIVERSIDE WHARF, ID# 31898
However, the sale of individual condominium units shall not be prohibited. However, neither the
sale of individual condominium units nor parcels that are governed by a master declaration (or
other similar document addressing the rights and responsibilities of owners whose properties
are subject to a vertical subdivision type relationship) shall prohibited. From and after any such
transfer, "Owner" shall mean and refer to the entity or association responsible for the
maintenance and operation of the development infrastructure.
2. The OWNER shall be solely responsible for operating and maintaining said
private water and sewer systems in an efficient manner. The OWNER shall prevent said water
and sewer systems from being a nuisance or detrimental to public health or safety. The
OWNER shall ensure that all necessary permits for said system 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 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 water and 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 water and 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.
4. This UNITY of Title 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 OWNER shall pay all recording
fees.
5. 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-
RIVERSIDE WHARF, ID# 31898
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:
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 Noriecia , 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
did/did not take an oath.
Approved for Legal Sufficiency:
Victoria Mendez, City Attorney
Notary Public
print name
Approved for Legal Sufficiency:
as identification and
Serial Number
Brandon Garcia, New Business Manager
Assistant County Attorney For: Roy Coley, Director
Miami -Dade Water and Sewer Department
-3-
RIVERSIDE WHARF, ID# 31898
EXHIBIT "A"
OF
UNITY OF TITLE
CITY OF MIAMI
LEGAL DESCRIPTION
(SOUTH PARCEL
LOT 1, LESS THE NORTH 15 FEET, OF EAST RIVERSIDE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 28, PAGE 43, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA
AND
LOT 2, EXCEPT THE SOUTH 57.6 FEET ❑F EAST RIVERSIDE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 28. AT PAGE 43. OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LESS RIGHT OF WAY OF STATE ROAD
NO. 9, ACCORDING TO RIGHT OF WAY MAP IN PLAT BOOK 83, PAGE 21 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA AND LESS BEGIN AT THE NORTH LINE OF SAID LOT 2 AT A POINT 115.06 FEET NORTH 87'43'34" EAST FROM
THE NORTHWEST CORNER THEREOF, THENCE NORTH 8743'34" EAST 109.25 FEET ALONG THE NORTH LINE OF SAID LOT
2 TO THE NORTHEASTERLY CORNER THEREOF, THENCE SOUTH 35`31'26' EAST 122.57 FEET ALONG THE NORTHEASTERLY
LINE OF SAID LOT 2. THENCE SOUTH 87'43'34" WEST 203.70 FEET, THENCE NORTH 12-36'47" EAST 106.07 FEET TO
THE POINT OF BEGINNING.
"A" 1 of 1
MIAMI-DADE MIAMI - DADE WATER AND SEWER DEPARTMENT
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EXHIBIT "A" - 1 RIVERSIDE WHARF
AGMT ID# 31898 - UNITY OF TITLE SOUTH SIDE
LOCATION SKETCH FOLIO# 01-0114-000-2010 & 01-4137-031-0010
SCALE: N.T.S MIAMI-DADE COUNTY SEC 01-54-41
-THIS IS NOT A SURVEY- April 5, 2023