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HomeMy WebLinkAboutExhibit-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 AGREEMENT 0"] WATER AND SANITARY SEWAGE FACILITIES BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI This instrument prepared by: Michael Suchogorski New Business Supervisor New Business Section Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 this THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, day of 2010 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: Attention City Manager, c/o Ola Aluko, Director CIP, 444 S.W. 2"d Avenue, 101h Floor, Miami, Florida 33130-2920. 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: Page 2 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP. ORIGINAL. CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 1. 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 sewage system is subject to the terms, covenants and conditions set forth in the following Agreements and Orders as currently in effect or as amended: Settlement Agreement between 'the State of Florida Department of Environmental Protection, hereinafter designated as the "DEP", and the COUNTY dated July 27, 1993; the First Amendment to the Settlement Agreement between DEP and the COUNTY dated December 21,1995; the First Partial Consent Decree and the Page 3 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 Second and Final Partial Consent Decree entered in the case of United States of America Environmental Protection Agency (EPA) vs. Metropolitan Dade County (Case Number 93- 1109 CIV -Moreno); the Consent Order between DEP and the COUNTY filed on April 29, 2004; and 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, and all other current, subsequent or future enforcement and regulatory actions and proceedings. 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 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 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 Page 4 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 and made a part hereof, multiplied by the applicable rates established by the COUNTY. The CITY intends to demolish or has completed demolition of six thousand three hundred seventy-six (6,376) square feet of office space, two (2) residential apartment units, and one (1) single-family residence previously connected to the COUNTY'S water and sewer systems representing an average daily gallonage credit of one thousand three hundred eighty-eight (1,388) gallons, and intends to construct and connect a new fire station with living facilities for eight (8) fire rescue personnel representing an average daily gallonage of eight hundred (800) gallons. Therefore there is no increase in the average daily gallonage within the CITY'S property and no connection charges are due. The DEPARTMENT shall allow the gallonage credits for the usages previously connected as shown above that will be or have been demolished within the CITY'S property. However, it is the CITY'S sole responsibility to provide the DEPARTMENT with sufficient evidence of completed demolition, which shall include the type, size, and /or number of units for said previous structures using Exhibit "B", subject to review and approval of the COUNTY prior to the DEPARTMENT allowing any gallonage credits. 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 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 water and sewer connection charge rates are subject to revision by the Board of County Commissioners at any time. The DEPARTMENT shall not, under any circumstances, render water and/or sewer service to the property until such time as the fees and/or charges specified herein have been paid in full. Page 5 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 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. 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 COUNTY owns and operates a thirty (30) inch water main located in N.E. 79 Street at N.E. 10 Avenue from which the CITY shall connect and install a twelve (12) inch water main southerly in N.E. 10 Avenue to the southeast corner of the property, interconnecting to an existing six (6) inch water main at that location. The COUNTY also owns and operates an eight (8) inch gravity sewer main located in N.E. 10 Avenue abutting the eastern boundary of the property from which the CITY shall connect, provided that there is sufficient depth and that there are no obstacles which would preclude construction of the sewer facilities. Other points of connection may be established subject to approval of the DEPARTMENT. 7. 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 Page 6 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 water and 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, 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. 8. INSPECTION. The COUNTY shall have the right but not the obligation to make engineering inspections of all the construction work performed by the CITY under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the CITY of responsibility for the quality and condition of materials and workmanship. 9. TESTS. During construction and at the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the CITY'S engineer and contractor, shall jointly be present to witness tests for determination of Page 7 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 conformance with approved plans and specifications. The CITY shall notify the COUNTY a minimum of twenty-four (24) hours in advance of the tests. 10. 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. 11. 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. 12. 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. 13. APPROVALS AND PERMITS. The CITY shall be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies Page 8 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 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. 14. 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. Page 9 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL, BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 15. 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 COUNTY personnel only. The CITY hereby agrees to pay to the COUNTY its standard water service line installation charge, permit fees and service fees prior to any such installation. 16. 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. 17. 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 sewage system and connection approval, as specified in paragraph three (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 Page 10 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 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. 18. 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 three (3) 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. Page 11 of 24 THIS DOCUMENT 1S A SUBSTITUTION TO ORIGINAL BRIGINAL CAN BE SEEN T THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 19. 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 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 his 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. 20. CONNECTION/FRONTAGE BY OTHERS. Parties other than the CITY who own property, other than the CITY'S property, which has frontage to any water main installed pursuant to this Agreement, may apply to the COUNTY for connections to said water main. If said parties actually connect and/or abut said facilities, the COUNTY will Page 12 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI FIRE STATION #13, ID# 20612 impose a construction connection charge equal to thirty dollars ($30.00) for the twelve (12) inch water main, multiplied by the front foot length of the connecting/abutting property which fronts and/or abuts the water main as measured along the route of the main. The COUNTY will also impose construction connection charges on such other parties if said water main is required, in accordance with guidelines and criteria established by the DEPARTMENT, in order to provide adequate service for the fronting/abutting property. Said construction connection charges will not be required or collected from other parties for single-family residences occupied or under construction prior to the date of this Agreement. The COUNTY shall repay said construction connection charges to the CITY within one hundred eighty (180) days of receipt of same. However, the COUNTY'S liability for repayment to the CITY shall be limited to those amounts actually collected from others. This provision shall remain in effect for a period of twelve (12) years from the date of the Absolute Bill of Sale for the water main facilities constructed by the CITY. Per annum simple interest as established and authorized by Section 687.01, Florida Statutes will accrue on all construction connection charges from the date of the Absolute Bill of Sale for the water main facilities constructed by the CITY to the date of payment by the connecting/abutting party. The interest rate used shall be the rate established by Section 687.01, Florida Statutes at the time of payment by the connecting/abutting party. It shall be the CITY'S responsibility to provide the COUNTY with current mailing addresses during the twelve (12) year period. In accordance with the DEPARTMENT'S "Schedule of Water and Wastewater Fees and Charges" the DEPARTMENT shall retain a "Developer Repayment Fee" currently in the amount of 2.5% of the gross repayment amount established herein. This fee is subject to revision by the Board of County Commissioners Page 13 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 at any time. The fee percentage used will be the current rate at the time of the payment. 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 hereinabove. 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 sewer facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents, which may include bills of sale, releases of lien, grants of easement, forexecution 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/or 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 Page 14 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF T 41S DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 COUNTY with one (1) set of mylar as -built drawings showing specific locations and depths among other things, of all facilities as located by a licensed surveyor, along with five (5) prints of the as -built drawings which have been sealed by a surveyor and certified by the engineer of record. Approval by the COUNTY of all required conveyance documents, drawings and survey specified herein 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/or 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 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: Page 15 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 Types of Facilities Percentage of Actual Construction Cost Water mains 25 Gravity sewers a 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 under the 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 Page 16 of 24 THIS DOCUMENT IS A SUBSTITLTION TO ORIGINAL BACKLFP ORIGINAL CAN BE SEEN AT I"ND Of TI IIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 arising there from, subject to the limits of Section 768.28 Florida Statutes. 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, subject to the limits 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/or 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/or sewer facilities throughout the day on each full working day, weather permitting. b. Once the CITY commences work on the water and/or 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 Page 17 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 provision of this agreement. 25. INDEMNIFICATION CLAUSE. Subject to the limitation set forth in Section 768.28 Florida Statutes, 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 performance of this Agreement by the CITY or its employees, agents, servants, partners, principals, contractors and/or subcontractors. The CITY shall pay, subject to the limits of Section 768.28 Florida Statutes, all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers, employees, agents and instrumentalities as herein provided, subject to the limits of Section 768.28 Florida Statutes. 26. FORCE MAJEURE. Should either party be prevented from performing any obligations herein, including but not limited to water and 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 Pagel 8 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 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 anytime. 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, Page 19 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 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. 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 Environmental Resources Management (DERM) 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. 31. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage disposal service commitment provided for in this Agreement shall be transferred, assigned Page 20 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 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 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. 32. 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. Page 21 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 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 two (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 CITY shall pay all recording fees. Page 22 of 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 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: MIAMI-DADE COUNTY print name John W. Renfrow, P.E., Director Miami -Dade Water and Sewer Department signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2010, by John W. Renfrow, P.E., Director, of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public print name Page 23 of 24 Serial Number CITY OF MIAMI FIRE STATION #13, ID# 20612 ATTEST: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITYOF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA By: (SEAL) By: Priscilla A. Thompson, , City Clerk print name (Affix City Seal) (SEAL) Pedro G. Hernandez, P.E., City Manager print name Approved as to Legal Form and Correctness: Julie O. Bru, City Attorney Approved to Insurance Requirements: LeAnn Brehm, STATE OF FLORIDA Risk Management Administrator COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2010, by Pedro G. Hernandez, P.E., City Manager, and Priscilla A. Thompson, City Clerk, of the City of Miami, who are personally known to me and did not take an oath. Notary Public print name Approved for Legal Sufficiency: Assistant County Attorney Page 24 of 24 Serial Number THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI LEGAL DESCRIPTION LOT 7, LESS THE NORTH 5 FEET, AND LOT 8, LESS THE NORTH 5 FEET OF THE EAST 1/2 OF LOT 8, BLOCK 21, "SHORE CREST", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA (FOLIO# 01-3207-016-3520 AND 01-3207-016- 3530), AND LOTS 5 AND 6, LESS THE NORTH 5 FEET OF LOT 6, BLOCK 21, "SHORE CREST", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA (FOLIO# 01-3207- 016-3510). "A" 1 of 1 MIAMF MUMMD MIAMI - DADE WATER AND SEWER DEPARTMENT N W S EXHIBIT "A"- I LOCATION SKETCH SCALE: N.T.S -THIS IS NOTA SURVEY - CITY OF MIAMI - FIRE STATION #13, [D#20612 FO#01-3207-016-3510,.3520 & .3530 MIAMI-DADE COUNTY, SEC 07-53-42 DECEMBER 16, 2009 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 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 Adult Congregate Living Unit / Residential Type Institution or Facility 100 gpd/person (Not a Nursing Home or Convalescent Home) Airport 5 gpd/passenger PLUS 10 gpd/employee Apartment 200 gpd/unit Banquet Hall 25 gpd/seat Barber Shop 10 gpd/100 sq. ft. Bar and Cocktail Lounge 25 gpd/seat (stool) Beauty Shop 75 gpd/chair Bowling Alley 100 gpd/lane Camper or R.V. Trailer Park 150 gpd/space Car Wash a) Recycling -Type b) Hand -Type 750 gpd/bay 1,000 gpd/bay Coin Laundry 175.gpd/washer Country Club 25 gpd/member Dentist Office 275 gpd/dentist Duplex or Twin Home Residence 250 gpd/unit Factory a) With showers 20 gpd/100 sq. ft. b) Without showers 10 gpd/100 sq. ft. Food Preparation Outlet (350 gpd minimum) (Bakeries, Meat Markets, Commissaries, etc.) 50 gpd/100 sq. ft. Funeral Home 10 gpd/100 sq. ft. Gas Station / Convenience Store / Mini -Mart 450 gpd/unit Health Spa or Gym a) With showers 35 gpd/100 sq. ft. b) Without showers 20 gpd/100 sq. ft. Hospital 250 gpd/bed Hotel or Motel 100 ggd/room "B" 1 of 2 CITY OF MIAMI FIRE STATION #13, ID# 20612 TYPES OF LAND USES (CONTINUED) House of Worship THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT GALLONS PER DAY 3 and/seat Kennel 30 gpd/cage Lauhdromat 175 gpd/washer Marina 40 gpd/boat slip Mobile Home Residence / Park 300 gpd/unit Motor Vehicle Service Station 10 gpd/100 sq. ft. Nursing / Convalescent Home 150 gpd/bed Office Building 10 gpd/100 sq. ft. Pet Grooming 10 gpd/100 sq. ft. PLUS 75 gpd/tub Physician Office 250 gpd/physician Public Park a) With toilets b) With showers and toilets 5 gpd/person 20 gpd/person Public Swimming Pool Facility 10 gpd/person Restaurant a) Full -Service b) Fast -Food c) Take -Out (350 gpd minimum) 50 gpd/seat 35 gpd/seat 50 gpd/100 sq. ft. School a) Day care / Nursery b) Regular School c) With cafeteria, add 5 gpd/student 10 gpd/student 5 gpd/student d) With showers, add e) Teachers and Staff 5 gpd/student 15 gpd/person Shopping Center (dry uses only) 5 gpd/100 sq. ft. Show Rooms 10 gpd/100 sq. ft. Single Family Residence 350 gpd/unit Speculation Building 20 gpd/1,000 sq. ft. Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc. 3 gpd/seat Store (dry uses only) 5 gpd/100 sq. ft. Theater a) Indoor Auditorium b) Outdoor Drive-in 3 gpd/seat 5 gpd/space Townhouse Residence 250 gpd/unit Veterinarian Office a) With kennels 250 gpd/veterinarian PLUS 30 gpd/cage Warehouse a) Regular or Industrial b) Storage or Mini Warehouse 20 gpd/1,000 sq. ft. 5 gpd/1,000 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. (i.e. apartment, townhouse, etc.) "B" 2 of 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT CITY OF MIAMI FIRE STATION #13, ID# 20612 EXHIBIT "C" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI BUILDING CONNECTION SCHEDULE TYPE AND NUMBER OF UNITS Fire station with living facilities for eight (8) fire rescue personnel. Demolish 6,376 sq -ft residential apartment family residence. of office space, 2 units, and 1 single - "C1 of GALLONAGE (gpd) :M -1,388 (credit) COMPLETION OF BUILDING CONNECTION 2010-2011 DRAFT SUBSTITUTED SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, this day of 12010 by and between Miami -D a County, apolitical subdivision of the State of Florida, hereinafter designated as the "CO TY", whose mailing address is: c/o Miami -Dade Water and Sewer Department, P.O. x 330316, Miami, Florida 33233-0316, and City of Miami, a municipal corporation of the Sta of Florida, hereinafter designated as the "CITY", whose mailing address is: Attention City nager, c/o Ola Aluko, Director CIP, 444 S.W. 2nd Avenue, 10tH Floor, Miami, Florida 33130-2 WITN _ft SETH: WHEREAS, the CITY desires water and se\SewDepartment, endered to property owned by the CITY, and WHEREAS, the Miami -Dade Water anhereinafter designated as the "DEPARTMENT", operates the systems owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants ent d into between the parties hereto to be made and performed and in consideration of the bene s to accrue ---- to -each -of the -respective -parties; 'r s -covenanted -and agreed -b"s-follows: -- -- Page 2 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 1. CITY'S PROPERTY. The CITY owns a certain tract of land in Miami -Dade Coun%hinafter da, which is legally described in Exhibit "A" attached hereto and made a part hereosometimes described as the "CITY'S property". The CITY has requested tha e DEPARTMENT render water and sewer service to the CITY'S property and the COUNTY rees to do so subject to the terms, covenants and conditions contained herein. 2. WAIVER. No\en failure to exercise a right under this Agreement or any other Agreement shall impll be construed to be a waiver thereof. N&waiver or indulgence of any breach ofment or series of breaches shall be deemed or construed as a waiver of any ach f same or as voiding or altering any other obligation of the parties undereemen r any other Agreement. No order or directive givenby the COUNTYnts shall be onsidered aswaiving any portion of this Agreement unless done in y a person have actual authority to grant such waiver. 3. CITY ACKNOWLEDGMENT. The CITY hereby ackn\Decreeand and agrees that any right to connect the CITY'S property to the COUNTY'S sewis subject to the terms, covenants and conditions set forth in the following AgreOrders as I cU�'rently in effect-o'r as amendEd:-ettlemErrtAgreementi�etweeflorida-- --- j i Department of Environmental Protection, hereinafter designated a", an the COUNTY dated July 27, 1993; the First Amendment to the Settlemennt betwee DEP and the COUNTY dated December 21, 1995; the First Partial Coree and the Page 3of23 SUBSTITUTED OF MIAMI - FIRE STATION *13, ID# 20612 Secol�and Final Partial Consent Decree entered in the case of United States of America ra 1109 CIV -M no ; the Consent Order between DEP and the COUNTY filed on April 29, 2004; and court ers, judgments, consent orders, consent decrees and the like entered into between the COXNTY and the United States, the State of Florida and/or any other governmental entity, andother current, subsequent orfuture enforcement and regulatory actions and proceedings. 4. PROVISION OF SERVIN AND CONNECTION CHARGES. The COUNTY will provide an adequate domestic water pply for the CITY'S property and will receive and dispose of sanitary sewage from the CI 'S property. The CITY shall pay water and sewer connection charges for all those units to constructed on the CITY'S property subject to the limitations specified herein. The CITY nowledges that, to the extent that water or sewer service will ultimately be rendered to th CITY'S property by a volume customer, the CITY is a new retail user provided water or s er service from a volume customer, and acknowledges that it is responsible for payment f connection charges; however, in the event that water or sewer is provided directly by the OUNTY, the CITY acknowledges that it is a new retail customer of the COUNTY and accor ' gly also liable for payment of connection charges. The CITY may be considered both new retail customer and--new-retai[-user-Rrovided service -by -a volume customer -i -n the -even at -the - COUNTY provides water service to the CITY'S property and a volume customer proNes 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 Page 4 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 an made a part hereof, multiplied by the applicable rates established by the COUNTY. The intends to construct and connect a fire station with adHk living facilities fo ight (8) persons. Therefore, the agreed total average daily gallonage is eight hundred (800) Ilons, resulting in combined water and sewer connection charges in the amount of five thou nd five hundred ninety-two dollars ($5,592.00). However, water and sewer connection char s shall be calculated at the rates in effect at the time of actual connection to the COUN water and sewer systems. The DEPARTIVIENT'S current connection charge rates are on dollar and thirty-nine cents ($1.39) and five dollars and sixty cents ($5.60) per gallon per d for water and sewer, respectively. The water and sewer connection charge rates are bject to revision by the Board of County Commissioners at any time. The DEPAR ENT shall not, under any circumstances, render water and/or sewer service to the pro hY until such time as the fees and/or charges specified herein have been paid in full. 5. OTHER USES ON THE PROPERTY. If the C( constructs buildings other than those outlined in paragraph 4 above, or otherwise changes e use of structures built such that paragraph 4 is no longer an accurate description of the ses at the CITY'S property, the COUNTY shall determine if additional capacity is needed, a alculated using Exhibit "B" attached hereto. If additional capacity is required, connec n charges, —�ornpotedt prevailing rates; capacity aibcation;-if�vailable arrd construction o rection---- --- charges, if any, shall be required to be paid by the CITY. If requested b the DEPARTMENT, the CITY shall provide the COUNTY a list of all tenants and building unit Page 5 of 23 , SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, 1D# 20612 d/or use prior tothe installation of any water meters and/or rendition of sewers ervice by the UNTY for the CITY'S property. 6. OINTS DF CONNECTION. The COUNTY owns and operates a thirty (30) inch water main Gated in N.E. 79 Street at N.E. 10 Avenue from which the CITY shall connect and install a elve (12) inch water main southerly in N.E. 10 Avenue to the southeast corner of the p erty, interconnecting to an existing six (6) inch water main at that location. The COUNTY a owns and operates an eight (8) inch gravity sewer main located in N.E. 10 Avenue abuttin the eastern boundary of the property from which the CITY shall connect, provided that ther sufficient depth and that there are no obstacles which would preclude construction of the s er facilities. Other points of connection may be established subjectto approval of the DEPAtTMENT. 7. OF FACILITIES, The CITY at its own cost and expense shall cause to be designed, constructed an stalled all of the necessary water and sewer facilities provided for in this Agreement unless herwise specified. The facilities shall include any and all water mains, valves, fittings, fi hydrants, firelines, service connections, service lines, shutoffs, meter boxes, air release val , gravity sewer mains, laterals, manholes, gravity sewer mains, laterals, manholes, and all a urtenances ----------th-ereto-for-a complete7n-staliatiorr.—T-h-efinal-design-and-corrstruction-of the facil sshafi -- meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rule nd Regulations"for water and/or sewer s ervice, shall be in acco rda nce wit h the latest revisio Page 6 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 the DEPARTMENT'S "Design and Construction Standard Specifications and Details", and all be subject to approval by the DEPARTMENT. 8. SPECTION. The COUNTY shall have the right but not the obligation to make engineerin ' spections of all the construction work performed by the CITY under the terms of this Agreem t including private facilities not to be conveyed to the COUNTY. Such inspections shall n be construed to constitute any guarantee on the part of the COUNTY as to the quality an ondition of materials and workmanship. Any inspections by the DEPARTMENT shall not reliev he CITY of any responsibility for proper construction. -of said facilities in accordance with app ed plans and specifications. Furthermore, any inspections by the DEPARTMENT shall no elieve the C[TY of responsibility for the quality and condition of materials and workmanship. 9. TESTS. During construction and at the ti\sha ests are required, the COUNTY'S engineer or its authorized represenwith the CITY'S engineer and contractor, shall jointly be present to determination of conformance with approved plans and specifications. Ty the COUNTY a minimum of twenty-four (24) hours in advance of the te - -- 10. --CONSTRUCTION-MEETINGS.-The-CflUNTY reserves the rightto -h4 construction meetings with the CITY'S representatives (Engineer, Project Man; Construction Superintendent and others) at a place designated by the COUNTY respect to project related matters upon twenty-four (24) hours notice. Page 7 of 23 ule -- — -- -_ e r, SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 SUBCONTRACTORS AND CONSULTANTS. The COUNTY reserves the right, at anXtime, to bar any subcontractor or consultant employed by the CITY from engaging in an\In f work or activity related to this Agreement, if such be in the interests of the COUNTe eventthe COUNTY rejects any subcontractor or consultant, said subcontractor or consukrit will immediately cease work on anything related to this Agreement. The CITYshallTVt be entitled to compensation for any monies previously paid to any subcontractor or consult t if said subcontractor or consultant is rejected by the COUNTY. 12. COMPLIANCE WITH ALL LAS expense, shall complywith all applicable laws, s out the activities contemplated herein. The CITY, at its own cost and as, rules, and ordinances in carrying 13. APPROVALS AND PERMITS. The CITY s%ll be fully responsible for obtaining all required approvals from all appropriate govemmenta nd regulatory agencies • and all necessary permits for all facilities contemplated in this Agreem t. Notwithstanding anything else contained herein to the contrary, this Agreement shall not onstitute or be interpreted as a waiver of any requirements of any other agency of Miami- de County - andtor any -requirements ofthre-bode-of-Miami-Dad e�-o-unt�t-The-CIT-Y,-is r-espon 'ble-for- --=--- obtaining all permits as may be required for the work contemplated herein pursuant t he Code of Miami -Dade County. Page 8 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 14. COUNTY AS PERMITTEE. Certain federal, state and county agencies, incll%'ng but not limited to the State of Florida Department of Transportation, the South Florida Vater Management District, the U.S. Army Corps of Engineers and the Florida East Coast RailrN may require that the COUNTY be named as permittee for certain construction actiXes even though the CITY or the CITY'S contractorwill actually perform the work. To insureNpt tke COUNTY will incur no costs or liability as a result of being named permittee on suchVrmits, the CITY shall provide sufficient security as acceptable to the COUNTY which shall irlkemnify and protect the COUNTY from all claims, actions, judgments, liability; loss, cost and %pense, including reasonable attorney's fees, related, -to work performed by the CITY pursuant Nsuch permits. The security shall be fumished prior to the start of construction and shall be in amount equal to the COUNTY'S cost estimate for the permit work. The CITY shall have si (60) days to resolve any claims by a permittor. Otherwise, the DEPARTMENT shall bXent'itled to pay said claims from the security. The CITY shall be liable for all costs in excessXthe security, subject to the limits of Section 768.28 Florida Statutes. 15, WATER SERVICE LINES. Any water service lines\direly es or less in diameter that are required for the CITY'S property which will bonnected to existingmains owned bythe COUNTY shall be installed by COUNel only. The -- - -" CITY-hereby-agrees-to-pay-to-fhe-COUNT-Y-its-sta-ndard--water-service A-ine charge, permit fees and service fees prior to any such installation. Page 9 of 23 SUBSTITUTED ITY OF MIAMI -FIRE STATION #13, iD# 20612 16. OWNERSHIP OF WATER METER. The COUNTY shall own and install the required ater meter as a part of any water service installation. Ownership by the COUNTY sh I terminate at the outlet side of each water meter. The CITY shall pay all applicable instalNon fees. 17. TREATMENT AND TRANSMISSION CAPACITY. In addition to the covenants and conditions se rth herein, water and sewer service to be rendered by the COUNTY is subject to the fol a, issuance of a valid eration permit by the State of Florida for the COUNTY'S sewage treat nt facility serving the CITY'S property which allows additional connections, b. sufficient available capacity in COUNTY'S sewage system and connection approval, as specified in pa graph three (3) herein, C. available water by the COUNTY. However, in no event will the COUNTY be obligated to suppl ny more water or sewage treatment capacity in any one year than is called for by the build connection schedule attached hereto and made a part hereof as Exhibit "C"_ Any ariation from said connection schedule which results in increased yearly demand on the w r resources or sewage treatment facility capacity of the COUNTY not specifically provided in Exhibit subjectto-th-e wv tten-approval-and corrsent-Dfthe-DEPARTMENT-an hail -be-- ---- - dependent on the availability of the water resource and the various restrictions place on the supply of water or the disposal of sewage by local, state and federal governmen) agencies and the physical limitations on -the COUNTY'S supply and treatment capacity. If Page 10 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 th\iiin s not utilize the yearly amount of water or sewage treatment facility allocation sxhibit"C", said amount will be available tothe CITY in the next calendar year sue limitations and provisions specified herein. 18. ALLOCATION OF CAPACITY. The COUNTY agrees to include the aforesaid allocation in i regional water supply, production and transmission facilities and regional sanitary sewer Sys m, once the CITY is granted necessary sewer allocation, as specified in paragraph three hereinabove. However, it is mutually agreed and understood by the COUNTY and th CITY that the allocation of capacity by the COUNTY does not guarantee the ability of the C NTY to supply water for the CITY'S property or the ability to receive and dispose of sewage 'ginating from the CITY'S property. Capacity allocation is subject to local, state and federal ag cies and other regulatory bodies having jurisdiction. In connection therewith, the CITY agree hat the COUNTY shall not be.liable or in anyway responsible for any costs, claims or losses curred bythe CITY as a result of actions by regulatory bodies, which are related to capacity ocation. 19. FACILITIES EASEMENTS. If the facilities contem ted herein or any portion thereof are installed within private property outside of public ' ht -of -way, the facilities shall be installed in the center of a twelve (12) foot wide easem t for water facilities an7 fifteen (f�) foolwide easement"for sewerfaciiities- Both -require a ntyfive (25) foot minimum vertical clearance above the finished grade. The DEPARTIVIEN hall have twenty-four (24) hour access to the easement for emergency purposes. If the facilitie are not located in platted easements, then easements shall be granted to the COUNTY by Page 11 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 CITY prior to the COUNTY'S installation of a water meter and/or the rendition of sewer sery\ntuh TY'S property. The CITY may not place any pavers or other structures in an eea which would prevent the DEPARTMENT, at its sole discretion, from makf the easement, and the CITY shall remove same, at the CITY'S cost, at the t COUNTY. The CITY may place pavers or other structures in the easesuc avers or other structures can be removed, with minimal effort by the DT, in th vent that such pavers or other structures need to be removed in orderforthe DEPARTMENNo make use of the easement; the CITY places such i pavers or other structures in the easemenVrea at his own risk, and the DEPARTMENT sha-ll:not be liable for any costs incurred by the CVY in replacing any such pavers or other structures removed by the DEPARTMENT. 20, CONNECTION/FRONTAGE BYOThXRS. Parties other than the CITY who own property, other than the CITY'S property, whichNas frontage to any water main installed pursuant to this Agreement, may apply to the G0XNTY for connections to said water main, If said parties actually connect and/or abut said f%ilities, the COUNTY will impose a construction connection charge equal to thirty dollars ($30X0) forthe twelve (12) inch water main, multiplied by the front foot length of the connectingkutting property which fronts and/or abuts the water main as measured along the route of t main. The COUNTY will also impose construction connection charges on "sgch other -p -art -s-i -said- - - -1 I water main is required, in accordance with guidelines and criteria established b the j DEPARTMENT, in order to provide adequate service for the fronting/abutting pro Said construction connection charges will not be required or collected from other parties for Page 12 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 sin -family residences occupied or under construction prior to the date of this Agreement. The C UNITY shall repay said construction connection charges to the CITY within one hundred ei ty (180) days of receipt of same. However, the COUNTY'S liability for repayment to t CITY shall be limited to those amounts actually collected from others. This provision shall main in effect for a period of twelve (12) years from the date of the Absolute Bill of Sale fo he water main facilities constructed by the CITY. Per annum simple interest as establish and authorized by Section 687.01, Florida Statutes will accrue on all construction conne 'on charges from the date of the Absolute Bill of Sale for the water main facilities construc by the CITY to the date of payment by the connecting/abutting party, The interest r e used shall be the rate established by Section 687.01, Florida Statutes at the time of pa t by the connecting/abutting party. It shall be the CITY'S responsibility to provide the COU with current mailing addresses during the twelve (12) year period. In accordance with the ARTMENT'S "Schedule of Water and Wastewater Fees and Charges" the DEPARTM T shall retain a "Developer Repayment Fee" currently in the amount of 2.5% of th ross repayment amount established herein. This fee is subject to revision by the Board o ounty Commissioners at any time. The fee percentage used will -be the current rate at the e of the payment. 21. CONVEYANCE OF TITLE. Conveyance of all easements\COUNTY. separafeinstrumes in �ecordatile-form-as approved by the BOUNTY accompanied by a written opinion of title by an attorney licensed to practice la of Florida, which states that the CITY is the owner of the property interest to b subject only to liens, encumbrances and restrictions as are acceptable to th Page 13 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 e opinion shall also state that upon execution by the CITY, a valid and enforceable ease ent will be vested to the COUNTY. The CITY shall pay for all recording fees and for all docu ntary stamps. The details for all conveyances are specified hereinabove. Failure of thTTY to provide proper conveyances shall be cause for the COUNTY to refuse to render ice to the CITY'S property. 22. DRAWING ND CONVEYANCE DOCUMENTS. Following completion of the water and sewer facilities templated herein for COUNTY ownership, the COUNTY shall provide conveyance docum ts, which may include bills of sale, releases of. lien, grants of easement, for execution by th CITY. The properly executed documents shall be delivered to and accepted by the COUN prior to the rendition of water and/or sewer service by the COUNTY. The CITY shall pay fo II recording fees and for all documentary stamps. These conveyances shall be accompam by copies of paid bills and/or lien waivers, releases, or satisfactions from all persons' w performed work on the CITY'S property and all persons who incorporate materials into e property, together with a breakdown of the actual cost of said facilities. Concurrently, t CITY shall furnish the COUNTYwith one (1) set of mylar as -built drawings showing specifi ocations and depths among other things, of all facilities as located by a licensed surveyor, ng with five (5) prints of the as -built drawings which have been sealed by a surveyor and c ified by the - engineerofrec-o­­ntl:- Approvar-by the -COUNTY of-alltints; drawings and survey specified herein shall constitute final acceptance by the COU of said facilities. After final acceptance, the facilities shall remain at all times the sol Page 14 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 cclete, and exclusive property of the COUNTY and under the exclusive control and operati of the COUNTY. 23. RANTY AND MAINTENANCE BDND. The CITY warrants that the water and sewer fa 'lities to be owned by the COUNTY shall be free from defects in materials and workman yip for a period of one (1) year from final acceptance by the COUNTY. Simultaneously 'th the conveyance of the water and/or sewer facilities, the CITY shall deliver to the COUN an executed maintenance bond or alternate security deposit acceptable to the DEPART NT, which guarantees the warranty. If it becomes necessaryto repair and/or replace any o e facilities during the initial one (1) year period, then the warranty as to those items repaire nd/or replaced shall continue to remain in effect for an additional period of one (1) year f the date of final acceptance by the COUNTY of those repairs and/or replacement. The nd shall be in the amount equal to the sum of those portions of the actual cost of constructi of said facilities as follows: Types of Facilities Per to e of Actual Con uction Cost Water mains Gravity sewers 50 The bonds shall have as the surety thereon only such surety company as acceptable to the COUNTY and which is authorized to write bonds of such character and a unt under the laws of the State of Florida. A surety company must have a Best's Key Ratin uide General Policyholder's Rating of "A" or better and a Financial Category of Class " or better or be acceptable to the COUNTY. The attorney-in-fact or other officer who signs a Page 15 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 bdV must file with such bonds a certified copy of his power-of-attorney authorizing him to do so. he Maintenance Bond maybe written with the CITY'S contractor as "Principal" and the CITY d the COUNTY as "Co -obligees" or the COUNTY as sole "Obligee". In the alternative, th ITY may be named as "Principal" and the COUNTY as "Obligee". The Maintenance Bon shall remain in force for one (1) year following the date of final acceptance by the CO TY of the work done pursuant to this Agreement to protect the COUNTY against losses ulting from any and all defects in materials or improper performance of work. If there ' no building construction underway within the CITY'S property at the time of conveyance, he COUNTY shall have the right to require: that -the term of the Maintenance Bond be exten d for a period not to exceed an additional two (2) years. Upon demand by the COUNTY, th CITY shall cause to be corrected all such defects which are discovered within the warra period or periods as set forth above, failing which the COUNTY shall make such repairs d/or replacements of defective work and/or materials and the CITY and/or its Surety shall be ble to the COUNTY for all costs arising there from, subject to the limits of Section 768.28 Flo ' a Statutes. The CITY also warrants that it shall be solely responsible for the repair of any mages to said facilities caused by persons in its employment, subject to the limits of S tion 768.28 Florida Statutes. —"-� TERflli-OFX\GfZEf1V1ENT- --Both-the-CIT-Y-and-the-Cflii-NTY-reco ize time is of the essence and that this Agreement shall be deemed null and voi unenforceable if the CITY fails to comply with any of the following conditions, w applicable: Page 16 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 a. After execution of this Agreement, work on the water and/or 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 en engineering drawings are submitted to the DEPARTMENT for review and proval, and, upon the DEPARTMENT'S issuance of said approval, a full com ment of workmen and equipment is present at the site to diligently incorporate terials and equipment into the construction of the water and/or sewer facilities roughout the day on each full working day, weather permitting. b. Once the CITY commen s work on the water and/or sewer facilities, said work cannot be suspended, andoned, or not in active progress for a period exceeding three hundred sixty-fi (365) days. c. The remedies specified herein are c ulative with and supplemental to any other rights which the COUNTY may ha pursuant to the law or any other provision of this agreement. 25. INDEMNIFICATION CLAUSE. Subject to the limit 'on set forth in Section 768.28 Florida Statutes, the CITY shall indemnify and hold harmless t COUNTY and its officers, employees, agents and instrumentalities from any and all Iia 'lity, losses or j-nciLtding-atterney's4ees-and-costs-of-defense-,which#he-f Ngo 's-G#+cers_-----. employees, agents or instrumentalities may incur as a result of claims, deman suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resu ' g from the performance of this Agreement by the CITY or its employees, agents, servants, Page 17 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 ers, principals, contractors and/or subcontractors. The CJTY shall pay, subject to the IimitsXSection 768.28 Florida Statutes, all claims and losses in connection therewith and shall invekate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY\aney's plicable, including appellate proceedings, and shall pay all costs, judgments, anfees which may issue thereon. The CITY expressly understands and agrees thrance protection required by this Agreement or otherwise provided by the CITY shall in no waXimit the responsibility to indemnify, keep and save harmless and defend the COUNTY or its icers, employees, agents and instrumentalities as herein provided, subject to the limits of S ion 768.28 Florida Statutes. 26. FORCE MAJEURE. ShouldXther party be prevented from performing any obligations herein, including but not limited to wXer and sewer service, due to or resulting from a force majeure or inevitable accident or occurr%ce, such party shall be excused from performance. As used herein, force rnajeure shall mea\shall d which includes but is not limited to sudden, unexpected or extraordinaryure such as floods, washouts, storms, hurricanes, fires, earthquakes, lanmics, explosions or other forces of nature. Inevitable accidents or occurrean 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, insurrXtions, riots, -- '-- -------federal", state—countyandlocal-govemmentai restraints and restrictio-ns; f-nilitary-aXion, eivi disturbances, explosions, conditions in federal, state, county and local permits, bid p manufacturing and delivery delays, unknown or unanticipated soil, water or grou Page 18 of 23 SUBSTITUTED UY OF MIAMI - FIRE STATION #13, ID# 20612 con'tions and cave-ins, or otherwise, and other causes reasonably beyond the control of either p y, whether or not specifically enumerated herein. 27. S VICE CHARGES. The CITY agrees to pay to the COUNTY the prevailing service\Cl'S water supply and fire protection, sewage collection and disposal within toperty as may be applicable until the responsibility for payment of saidroperly transferred in accordance with the COUNTY`S regulations. 28. USE OF FACILITIES BYl make full use of the water and/or sewer UNTY. The COUNTY reserves the right to �&cilities to be owned by the COUNTY as contemplated herein to serve other customers aTVny time, 29. OPINION OF TITLE. With the execution this Agreement, the CITY at its own expense shall deliver to the DEPARTMENT an opinion o itle for the CITY'S p roperty, issued by a qualified attorney licensed to practice law in the Stat f Florida, which states that the CITY owns fee simple title to the property referred to herein. 30. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DE quiresthat pnorto the rendition ofahy new water service by�lie DEPARTiVIENT-bactei ic5lo a1 tests must be performed. It is the responsibility of the CITY to comply with all such require\nts and to obtain all necessary approvals. In addition, the use of floating meter construction purposes is subject to State of Florida requirements and approval by the Page 19 of 23 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 UNTY. The CITY may request approval for the use of floating meters prior to actual conTyance of title to the facilities to the COUNTY. However, the COUNTY may be required% execute documents to the Miami -Dade County Department of Environmental Resources PXnagement (DERM) or State of Florida Department of Health (DOH), which state that the CCXNTY has accepted title to the facilities. If the COUNTY is required to execute such documNs, the CITY agrees to indemnify and hold the COUNTY harmless, subject to the limits of SecXn 768.28 Florida Statutes, from and against all claims, actions, judgments, damages, loss, coXand expense including reasonable attorney's fees which may be incurred by the COUNTY iVonnection with the rendition of water service through the facilities constructed and installeXby the CITY prior to conveyance of title to the COUNTY, including but not limited to repair the water facilities. result from failure to properly maintain and 31. ASSIGNMENT OF AGREEMENT. No ri_Nto any water supply and sewage disposal service commitment provided for in this AgreemenVall be transferred; assigned or otherwise conveyed to any other party without the express wrilkn consent of the Director of the DEPARTMENT or his designee except as noted below. Xhe 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 establishmentkto any party who will be the ultimate user of fhe-prop°rfy, incfuaing biat-not limifed to a- na fide --- - - purchaser, lessee, resident or occupant. The intent of this paragraph is to require coNent of the DEPARTMENT for assignments or transfers of any water and sewage dispos capacity allocation to any party who holds such property as an investmentfor resale orwho Page 20 of 23 , SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 2DB12 int\writing velop for sale a portion of the CITY'S property, so that the COUNTY can adetermine the demand for water and sewage disposal capacity and plan for the faible allocation of water and sewage disposal capacity among the residents of Minty. Consent, when required, shall not unreasonably be withheld by the DET. If e CITY'S property is transferred or conveyed, the CITY shall remain liabOUNTY r all sums of money and all obligations due hereunder unless releriting by the UNTY. 32. ENTIRE AGREEMEII T. This Agreement supersedes all previous agreements and representations, wh er oral or written, between the CITY and the COUNTY, and made with respect to the ma rs contained herein and when duly executed constitutes the complete Agreement between CITY and the COUNTY. 33. NOTICE. All notices given pursuant to 's Agreement shall be mailed by United States Postal Service registered or certified mail t he parties at the addresses specified on page two (2) of this Agreement or addresses othe ise properly furnished. 34, RECORDING OF AGREEMENT. This Agreement is bell public records of Miami -Dade County, Florida, for the particular purp owners and occupants eir successors and asgig-i , allon--n-otice-ofthe contained. The CITY shall pay all recording fees. Page 21 of 23 recorded in the 'Of placing all SUBSTITUTED OF MIAMI - FIRE STATION #13, ID# 20612 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be execut by their respective officials as of the day and year above written. WITNESSETH: MIAMI-DADE COUNTY signature By: print name John W. Renfrow, P.E., Director Miami -Dade Water and Sewer, Department signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me\knoo day of 2010, by John W. Renfrctor, of the Miami -Dade Water and Sewer Department, who is persme and did not take an oath. Notary Public print name ,page 22 of 23 Serial Number SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 ATTEST: M Priscilla A. Th pson, print na e (Affix City S 1) CITYOF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF (SEAL) By: City Clerk (SEAL) Pedro G. Hernandez, P.E., City Manager print name Approved as to Legal Form and Correctness: Julie 0, Bru, City Attorney Approved to Insurance Requirements: STATE OF FLORIDA LeAnn Brehm, COUNTY OF MIAMI-DADE\wasacknpledged Risk Management Administrator The foregoing instrumbefore me this day of o G. Hernandez P.E.. City Mana er, and Priscilla A. Thompson, City Clerk, of the\0 of Miami, who are personally known to me and did not take an oath. Notary Public print name Approved for Legal Sufficiency: Page 23 of 23 erial Number SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND LEGAL DESCRIPTION LOT 7, LESS THE TH 5 FEET, AND LOT 8, LESS THE NORTH 5 FEET OF THE EAST '/z OF LOT 8, OCK 21, "SHORE CREST", ACCORDING TO THE PLAT THEREOF AS RECORD IN PLAT BOOK 10, PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUN FLORIDA (FOLIO# 01-3207-016-3520 AND 01-3207-016- 3530), AND LOTS 5 AND 6, LESS THE NO) RTHEET OF LOT 6, BLOCK 21, "SHORE CREST", ACCORDING TO THE PLAT THERIE S RECORDED IN PLAT BOOK 10, PAGE 23, OF THE PUBLIC RECORDS OF MIAMI- DE COUNTY, FLORIDA (FOLIO# 01-3207- 016-3510). "A" 1 of 1 SUBSTITUTED SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 EXHIBIT "B" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI TYPES OF LAND USE esidentialType Institution or Facility Adult Congregate Livi\�i (Not a Nursing Hovalescent Home) GALLONS PER DAY 100 gpd/person Airport 5 gpd/passenger PLus 10 gpd/employee Apartment 200 gpd/unit Banquet Hall 25 gpd/seat Barber Shop 10 gpd/100 sq. ft. Bar.and Cocktail Lounge 25 gpd/seat (stool) Beauty Shop 75 gpd/chair Bowling Alley 100 gpd/lane Camper or R.V. Trailer Park 150 gpd/space Car Wash a) Recycling -Type b) Hand -Type 750 gpd/bay 1,000 gpd/bay Coin Laundry 175 gpd/washer Country Club 25 gpd/member Dentist Office 275 gpd/dentist Duplex or Twin Home Residence 250 gpd/unit Factory a) With showers b) Without showers 20 gpd/100 sq. ft. 10 gpd/100 sq. ft. Food Preparation Outlet (Bakeries, Meat Markets, Commissaries, etc.) 0 gpd minimum) pd/100 sq. ft. Funeral Home 10 d/100 sq. ft. Gas Statlon / Convenience Store / Mini -Mart 450 gp nit _ Health Spa or Gym a) With showers b) Without showers 35 gpd/10 q. ft. 20 gpd/100 s ft. —Kospitar----- ---- ----- -- - - -- --- - - —. _..---------250-gpd/bed-- N�� Hotel or Motel 100 qpd/room "B" 1 of 2 a SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 ES OF LAND USES CONTINUED HoXe of Worship KennN LaundroXat GALLONS PER DAY 3 gpd/seat 30 gpd/cage 175 gpd/washer Marina 40 pd/boat slip Mobile Hom esidence / Park 300 d/unit Motor Vehicle rvice Station 10 gpd/100 sq. ft. Nursing / ConvaINEent Home 150 pd/bed Office Building 10 gpd/100 sq. ft. Pet Grooming 10 gpd/100 sq. ft. Pius 75 pd/tub Physician Office 250 gpd/ph sician Public Park a) With toilets 5 gpd/person b) With showers and toilets 20 gpd/person Public Swimming Pool Facility 10 g d/person Restaurant (350 gpd minimum) a) Full -Service 50 gpd/seat .b) Fast -Food 35 gpd/seat c) Take -Out 50 gpd/100 sq. ft. School a) Day care / Nursery 5 gpd/student b) Regular School 10 gpd/student c) With cafeteria, add 5 gpd/student d) With showers, add 5 gpd/student e) Teachers and Staff 15 gpd/person Shopping Center (dry uses only) 5 gpd/100 sq, ft. Show Rooms 10 g d/100 sq. ft. Single Family Residence 350 gpd/unit Speculation Building 20 gpd/1,000 sq. ft. Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc. 3 pd/seat Store (dry uses only) X 5 gpd/100 sq. ft. Theater a) Indoor Auditorium 3 gpd/seat b) Outdoor Drive-in gpd/space Townhouse Residence 250 d/unit Veterinarian Office 250 g/veterinarian Plus a) With kennels 30 gpdXage Warehouse a) Regular or Industrial 20 gpd/1,0 sq. ft. b)-Storage-or-Mirli-Warehouse----------._ _ ------------------------ -5-gpd/-4'000 -ft-- LEGEND: gpd - gallons per day sq, fL -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. (i.e. apartment, townhouse, etc.) "B" 2 of 2 1\1 SUBSTITUTED CITY OF MIAMI - FIRE STATION #13, ID# 20612 EXHIBIT "C" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI BUILDING CONNECTION SCHEDULE TYPE AND NU ER OF UNITS GALLONAGE Cg Pd) Fire station with adult coxregate living facilities for eight (8) person 800 "C" 1 of 1 COMPLETION OF BUILDING CONNECTION 2010-2011