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HomeMy WebLinkAboutEXHIBIT4 1� CITY OF MIAMI GIBSON PARK, ID# 20752 AGREEMENT FOR 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 A «' CITY OF MIAMI GIBSON PARK, ID# 20752 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: 444 N.W. 2 Avenue, Miami, Florida, 33130. WITNESSETH: WHEREAS, the CITY desires water and sewer service to be rendered to property owned by the CITY, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated as the "DEPARTMENT", operates the water and sewage systems owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: Page 2 of 26 A is CITY OF MIAMI GIBSON PARK, ID# 20752 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 thatthe DEPARTMENT renderwater and sewer service to the CITY'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. WAIVER. No delay or failure to exercise a right under this Agreement or any other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or indulgence of any breach of this Agreement or series of breaches shall be deemed or construed as a waiver of any other breach of same or as voiding or altering any other obligation of the parties under this Agreement or any other Agreement. No order or directive given by the COUNTY or its agents shall be considered as waiving any portion of this Agreement unless done in writing by a person having actual authority to grant such waiver. 3. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees that any right to connect the CITY'S property to the COUNTY'S sewer system is subject to the terms, covenants and conditions set forth in 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 December2l, 1995; the First Partial Consent Decree and the Page 3 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 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 othercurrent, subsequent orfuture 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 26 1 '1' CITY OF MIAMI GIBSON PARK, ID# 20752 and made a part hereof, multiplied by the applicable rates established by the COUNTY. The CITY intends to redevelop an existing public park for one hundred seventy-five (175) persons, a public swimming pool facility for fifty (50) persons, and a five hundred (500) seat stadium currently connected to the COUNTY'S water and sewer system representing an average daiiy gallonage credit of two thousand eight hundred seventy-five (2,875) gallons, and intends to construct and connect a public park with showers and restroom facilities for seventy-five (75) persons, another public park with restroom facilities for fifty (50) persons, a public swimming pool facility for seventy-five (75) persons, and a one thousand five hundred (1,500) seat stadium representing a total average daily gallonage of seven thousand (7,000) gallons. Therefore, the agreed average daily gallonage increase is four thousand one hundred twenty-five (4,125) gallons, resulting in combined wafer and sewer connection charges in the amount of twenty-eight thousand eight hundred thirty-three dollars and seventy-five cents ($28,833.75), which amount shall be paid prior to the issuance of a Verification form for construction within the CITY'S property. 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 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 CITY'S property until such time as the fees and/or charges specified herein have been paid in full. Page 5 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 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 will own and operate a twelve (12) inch water main to be installed in N.W. 3 Avenue abutting the eastern boundary of the CITY'S property, from which the CITY shall connect at N.W. 12 Street and install an eight (8) inch water main westerly in N.W. 12 Street to N.W. 4 Avenue, interconnecting to the existing twelve (12). inch water main at that location. Any other public water main extension within the CITY'S property shall be eight (8) inches minimum in diameter, and in the event two (2) or more fire hydrants are to be connected thereon, the water system shall be looped with two (2) points of connection. The COUNTY also owns and operates eight (8) inch gravity sewer mains located in N.W. 3 Avenue, N.W. 12 Street, and N.W. 13 Street all abutting the CITY'S property, from any of which the CITY shall connect, provided that there is sufficient depth and that there are no obstacles which would preclude construction of the Page 6 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 sewer facilities. Other points of connection may be established subject to approval of the DEPARTMENT. 7. REMOVAL/RELOCATION OF FACILITIES. The CITY hereby acknowledges and agrees that any existing COUNTY water and/or sewer facilities and all appurtenances including fire hydrants within the CITY'S property that will conflict with proposed development must be removed and/or relocated, and all easements associated with said facilities vacated and/or relocated. Said relocation and/or removal of facilities shall be performed by or forthe CITY 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 CITY.. The removal and/or relocation of certain water and/or sewer facilities and vacating and/or relocating of associated easements are conditions precedent to the issuance of water and sewer verification forms for those proposed buildings that conflict with said water and/or sewer facilities. 8. CONDITIONS TO SERVICE. Facilities necessary to serve the CITY'S property are currently being designed and/or constructed by parties other than the COUNTY, pursuant to Miami -Dade County Water and SewerAgreement for "Third Avenue Streetscape Project, ID# 20086". The COUNTY shall not render service to the CITY'S property until all such facilities have been constructed, conveyed to the COUNTY, and placed into legal service, and the construction, conveyance, and placing into service said facilities shall constitute a condition precedent to any obligation on the part of the COUNTY Page 7 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 to provide service to the CITY. The CITY understands that the COUNTY cannot and does not represent, warrant, or guarantee that said facilities will be completed, conveyed, or placed into service by any particular date, and further understands that the COUNTY shall be under no obligation to require said facilities be constructed by any particular date, nor shall the COUNTY be obligated to take or omit any action such that said facilities will be completed by any particular date. 9. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its ovum cost and expense shall cause to be designed, constructed and installed ail 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 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 Page 8 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 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. 11. TESTS. During construction and at the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the CITY'S engineer and contractor, shall jointly be present to witness tests for determination:_ of conformance with approved plans and specifications. The CITY shall notify the COUNTY a minimum oftwenty-four (24) hours in advance o tthe tests. 12. 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::. 13. 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 Page 9 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 to any subcontractor or consultant if said subcontractor or consultant is rejected by the COUNTY. 14. 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. 15. APPROVALS AND PERMITS, The CITY shall be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies and all necessary permits for all facilities contemplated in this Agreement. Notwithstanding anything else contained herein to the contrary, this Agreement shall not constitute or be interpreted as a waiver of any requirements of any other agency of Miami -Dade County and/or any requirements of the Code of Miami -Dade County. The CITY is responsible for obtaining all permits as may be required forthe work contemplated herein pursuant to the Code of Miami -Dade County. 16. COUNTY AS PERMITTEE. Certain federal, state and county agp-ncies, 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 orthe CITY'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 CITY shall provide sufficient security as acceptable Page 10 of 26 CITY OF MIAMI GIB50N PARK, ID# 20752 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. 17. 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. 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 CITY shall pay all applicable installation fees. 19. WATER MAIN CONSTRUCTION CONNECTION CHARGE. The CITY shall pay a water main construction connection charge equal to thirty dollars ($30.00) per front foot of its property which will directly abut a twelve (12) inch water main to be installed in Page 11 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 N.W. 3 Avenue by other parties (ID# 20086). The length of front footage which will abut the water main is hereby agreed to be three hundred thirty-nine (339) feet resulting in a construction connection charge in the amount often thousand one hundred seventy dollars ($10,170.00). Per annum simple interest as established and authorized by Section 687.01, Florida Statutes will accrue on the construction connection charge from the bill of sale date to the date of payment by the CITY. The interest rate used shall be the rate established by Section 687.01, Florida Statutes at the time of payment by the CITY. The DEPARTMENT shall not, under any circumstances, render water and/or sewer service to the property until such time as the construction connection charges and interest specified herein have been paid in full. 20. 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 12 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 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. 21. 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 anyway 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 13 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 22, 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 priorto the COUNTY'S installation of a water meter and/orthe 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 orderforthe 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. 23. 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 14 of 26 CITY OF MIAMI GIBSON PARK, 1D# 20752 impose a construction connection charge equal to eighteen dollars ($18.00) for an eight (8) inch water main and thirty dollars ($30.00) for a twelve (12) inch water main, multiplied by the frontfoot 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 ofthis 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 Bili 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 responsibilityto 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 Page 15 of 26 CITY OP MIAMI GIBSON PARK, ID# 20752 Board of County Commissioners at any time. The fee percentage used will be the current rate at the time of the payment. 24. 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. 25. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water and/or sewer facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents, which may include bills of sale, releases of lien and grants of easement for execution by the CITY. The properly executed documents shall be delivered to and accepted by the COUNTY prior to the rendition of water and/or sewer service by the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. These conveyances shall be accompanied by copies of paid bills and/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 Page 16 of 26 CITY OF MIAMI GIBSON PARK, 1D## 20752 a breakdown of the actual cost of said facilities. Concurrently, the CITY shall furnish the COUNTY with one (1) set of mylar as -built drav✓ings 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. 26. 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 17 of 26 CITY OF MIAMI GIBSON PARK, 1D# 20752 Tvpes of Facilities Percentage of Actual Construction Cost Water mains 25 Gravity sewers 50 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 G aide 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 18 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 arising therefrom, 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. 27. 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 19 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 provision of this agreement 28, . INDEMNIFICATION CLAUSE. The C1TYshall indemnify and hold harmless, subject to the limits of Section 768.28 Florida Statutes, 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. 29. 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 Page 20 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 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. 30. 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. 31. 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. 32. 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 21 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 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. 33. 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 top roperly maintain and repair the water facilities. 34. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage disposal service commitment provided for in this Agreement shall be transferred, assigned Page 22 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 or otherwise conveyed to any other party without the express written consent of the Director i 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 orwho 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 it! writing by the COUNTY. 35. 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 23 of 26 CITY OF MIAMI GIBSON PARK, ID#f 20752 36. 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. 37. 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 24 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 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: MfAMI-DADS COUNTY signature By: Michael Suchogorski, New Business Supervisor print name For: 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 Michael Suchogorski, New Business Supervisor, for 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 25 of 26 Serial Number i z CITY OF MIAMI GIBSON PARK, ID# 20762 ATTEST: M Priscilla Thompson, City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA (SEAL) By: (SEAL) Carlos Migoya, City Manager The foregoing instrument was acknowledged before me this day of 2010, by Carlos Migoya, as City Manager, and Priscilla Thompson, as City Clerk, of City of Miami, a municipal corporation of the State of Florida. They are personally known to me and did not take an oath. Notary Public print name Pursuant to City Resolution No. Approved as to Insurance Requirements: Serial Number , adopted 12010. Approved as to Form and Correctness: By: By: Gary Reshefsky, Risk Management Director Julie 0. Bru, City Attorney Approved for Legal Sufficiency.- Assistant ufficiency: Assistant County Attorney Page 26 of 26 CITY OF MIAMI GIBSON PARK, ID# 20752 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI LEGAL DESCRIPTION ALL THOSE LOTS, PIECES, PARCELS OR STRIPS OF LAND SITUATE, LYING AND BEING IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, CONSISTING OF LOTS 1, 2, 3, 4, 5, 6-'7,:8, 9, 10, 11, 12, 13, 14, 15 AND 16 IN BLOCK 2, ALL OF LOTS 1, 2, 18,19 AND 20, TOGETHER WITH PORTIONS OF LOTS 2, 3,4 AND 17 IN BLOCK 3 OF "SOST'S SUB -DIVISION", AS RECORDED IN PLAT BOOK B AT PAGE 27; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 AND 14 OF "PARRY'S DIVISION OF BLOCK 8 IN JAPE'S ADDITION TO THE CITY OF MIAMI, FLORIDA," AS RECORDED IN PLAT BOOK B AT PAGE 127; AND A PORTION OF TRACT "A" OF "MIAMI DIXIE PLAYGROUND," ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64 AT PAGE 149, ALL OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH THE UN- NAMED ALLEY, PORTIONS OF N.W. 13TH STREET (LEMON ST.) AND N.W. 4TH AVENUE (AVENUE H) AS DEDICATED BY THE AFOREMENTIONED PLATS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, VIZ.: BEGIN AT THE NE CORNER OF LOT 1 IN BLOCK 2 AS SHOWN ON SAID PLAT OF "SOST'S SUB -DIVISION;" THENCE S02°26'42"E ALONG THE EAST LINE OF SAID LOT 1 FOR 209.13 FEET TO THE SE CORNER OF SAID LOT 1; THENCE DEPARTING SAID EAST LINE OF LOT 1, N89°5832"W ALONG THE SOUTH LINE OF LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2 FOR 200.03 FEET TO THE SW CORNER OF SAID LOT 4; THENCE S00026'39"E ALONG THE EAST LINE OF LOT 16 AND ITS SOUTHERLY -PROLONGATION,THEREOF_F_ OR 254.04 FEET_TO A POINT OF INTERSECTION WITH THE NORTH LINE OF TRACT "A" AS SHOWN ON SAID PLAT OF "MIAMI DIXIE PLAYGROUND;" THENCE S89°57'04"E ALONG THE NORTH LINE OF SAID TRACT "A" AND ITS WESTERLY PROLONGATION THEREOF FOR 50.03 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF LOT 13 AS SHOWN ON SAID PLAT OF "PARRY'S DIVISION OF BLOCK 8 1N JAPE'S ADDITION TO THE CITY OF MIAMI, FLORIDA;" THENCE NOO°26'19"W ALONG SAID WEST LINE OF LOT 13 FOR 5.00 FEET TO THE NW CORNER OF SAID LOT 13; THENCE S89°57'04"E ALONG THE NORTH LINES OF SAID LOT 13 AND LOT 12 AS SHOWN ON SAID PLAT OF i "PARRY'S DIVISION OF BLOCK 8 IN JAPE'S ADDITION TO THE CITY OF MIAMI, FLORIDA;" FOR 150.00 FEET TO THE NE CORNER OF SAID LOT 12; THENCE DEPARTING SAID NORTH LINE OF LOT 12, S00°26'19"E ALONG THE EAST LINES OF LOTS 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2 AND 1 AS SHOWN ON SAID PLAT OF "PARRY'S DIVISION OF BLOCK 8 IN JAPE'S ADDITION TO THE CITY OF MIAMI, "A" 1 of 2 CITY OF MIAMI GIBSON PARK, 1D# 20752 FLORIDA;" FOR 298.40 FEET TO THE SE CORNER OF SAID LOT 1; THENCE DEPARTING SAID EAST LINE OF LOTS 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2 AND 1, N89046'50"E ALONG THE SOUTH LINE OF SAID LOT 1 FOR 75.00 FEET TO THE SW CORNER OF SAID LOT 1; THENCE DEPARTING SAID SOUTH LINE OF LOT 1, N00026'19"W ALONG THE WEST LINE OF SAID LOT 1 FOR 5.00 FEET; THENCE DEPARTING SAID WEST LINE OF LOT 1 N89046'50"W ALONG THE SOUTH LINE OF SAID TRACT "A" OF "MIAMI DIXIE PLAYGROUND" AND ITS WESTERLY PROLONGATION THEREOF FOR 495.59 FEET TO A POINT OF INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF INTERSTATE 1-95 (MIAMI EXPRESSWAY/STATE ROAD NO. 9), THE LOCATION OF WHICH IS MORE FULLY DESCRIBED IN THAT .CERTAIN RIGHT OF WAY MAP AS RECORDED IN ROAD PLAT BOOK 83 AT PAGE 21 OF THE PUBLIC RECORDS OF MIAMI-DAD.E COUNTY, FLORIDA; THENCE N24059'05"W ALONG SAID EAST RIGHT OF WAY LINE OF INTERSTATE 1-95 FOR 351.07 FEET; THENCE N12°3455"W ALONG SAID EAST RIGHT OF WAY LINE OF INTERSTATE 1-95 FOR 29.33 FEET; THENCE N01 °14'36"W ALONG SAID EAST RIGHT OF WAY LINE OF INTERSTATE 1-95 FOR 156.48 FEET; THENCE N26°54'4'1 "E ALONG SAID EAST RIGHT OF WAY LINE OF INTERSTATE 1-95 FOR 182.93 FEET; THENCE NORTH ALONG SAID EAST RIGHT OF WAY LINE OF INTERSTATE 1-95 FOR 83.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID BLOCK 3 OF "SOST'S SUB -DIVISION;" THENCE EAST ALONG SAID NORTH LINE OF BLOCK 3 FOR 87.27 FEET TO THE NE CORNER OF LOT 1 IN SAID BLOCK 3 OF "SOST'S SUB- DIVISION;" THENCE DEPARTING SAID NORTH LINE OF BLOCK 3, S0002613111E ALONG THE EAST LINE OF SAID LOT 1 IN BLOCK 3 FOR 10.00 FEET; THENCE DEPARTING SAID EAST LINE OF LOT 1 IN BLOCK 3, EAST FOR 50.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF LOT 10 IN SAID BLOCK 2 OF "SOST'S SUB -DIVISION;" THENCE N00026'31"W ALONG SAID WEST LINE OF LOT 10 IN BLOCK 2 FOR 10.00 FEET TO THE NW CORNER OF SAID LOT 10 IN BLOCK 2; THENCE EAST ALONG THE NORTH LINE OF SAID BLOCK 2 OF "SOST'S SUB- DIVISION" FOR 500.06 FEET TO THE POINT OF BEGINNING. "A"2of2 Lio r.uial 1395 EXPY oil s cn, MIAMI - DADE WATER AND SEWER DEPARTMENT 195 RAMP t°s NW 14TH ST FkPr ��J f ff r 1�• E� /�qqqqqq IFN�iV T3 i A 5T NW 11TH ST EXHIBIT LY OF Mt1aMt GI11S PARC, [B# 20752 LOCATION SKETCH tO # 01.3136-058-D010, 01-3136.0,¢4-0040, scaf_>±: N•i•S, 0010, 01-3136-037-0070,0080,0181,0150 THIS 15 NOT A SURVEY• MI-DADE COUNTY SEC 12-53-41 UST 25, 2010 CITY OF MIAMI GIBSON PARK, ID# 20752 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 1 DO gpd/person (Not a Nursing Home or Convalescent Home) Airport 5 gpd/passenger P! us 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.) (350 gpd minimum) 50 9pd/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 b) Without showers 35 gpd/100 sq. ft. 20 gpd/100 sq, ft. Hospital 250 gpd/bed Hotel or Motel 100 gpd/room "B" 1 of 2 CITY OF MIAMI GIBSON PARK, ID* 20752 TYPES OF LAND USES (CONTINUED) House of Worship GALLONS PER DAY 3 gpd/seat Kennel 30 gpd/cage Laundromat 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. Pius 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 qpd/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 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 _ _ _ _ - _ _ _ _3 gpd/seat b) Outdoor Drive-in 5 gpd/space Townhouse Residence 250 gpd/unit Veterinarian Office 250 gpd/veterinarian Rt us a) With kennels 30 gpd/cage Warehouse a) Regular or Industrial 20 gpd/1,000 sq. ft. b) Storage or Mini Warehouse 5 qpd/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 CITY OF MIAMI GIBSON PARK, ID# 20752 EXHIBIT "C" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI BUILDING CONNECTION SCHEDULE TYPE AND NUMBER OF UNITS GALLONAGE COMPLETION OF (gpd) BUILDING CONNECTION Public park with showers and toilets for 75 persons, park with toilets for 50 persons, a public swimming pool for 75 persons, and a 1,500 -seat stadium. 7,000 2010-2011 Redevelop existing public park with toilets for 1.75 persons, a public swimming pool for 50 persons, and a 500 -seat stadium. -2,875 (credit) "C" 1 of 1