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Home My WebLink Aboutexhibit 1 - addendum # 1OP VIRGINIA KEY BEACH PARK- 'aENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17887 ADDENDUM NUMBER ONE TO AGREEMENT • .FOR WATER AND SANITARY SEWAGE FACILITIES FOR OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282 BETWEEN MIAMI - DADE COUNTY AND CITY OF MIAMI This instrument prepared by: Clementine Sherman New Business Administrative Officer II Utilities Development Dtvislon Miami -Dads Water and 8wrs; fit 3575 S. LsJeune Rout Miami, Florida 3314434231 OLD. VIRGINIA KEY BEACH PARK- • • •NOVATIONS & REPAIRS, P,(OJECT # B3282, ID# 17867 THIS ADDENDUM,'made. and entered Into this day of og 2003, by and between Miami Dade County, a political subdivision of the State of Florida, hereinafterdesignated as the "COUNTY", and City of Miami, A Florida Municipal Corporation, hereinafter designated as the "CITY"; WHEREAS, the COUNTY ,and the CITY entered into an Agreement for The Construction of Water and Sanitary Sewage Facilities and for the Provision of Water and Sewage Disposal Services for Old Virginia Key Beach Park -Renovations & Repairs, Project # B3282 dated May 07, 2003, recorded in Official Records Book 21229 at Page 3639-3667 of the Public Records of Miami - Dade County, Florida, hereinafter referred to as "The Agreement", and WHEREAS, the CITY desires to make certain modifications to The Agreement, and WHEREAS, the COUNTY is willing to enter into this Addendum provided that the CITY abides by any policies or standards of the COUNTY which have been revised since the date of The Agreement, and WHEREAS, the CITY is willing to abide by such policies or standards as specified in this Addendum; NOW, THEREFORE, inconsideration of the mutual covenants entered into between the partles hereto to be made and performed, and In consideration of the benefits to accrue to each of the parties hereto, it is covenanted and agreed .to as follows: 2- OLD VIROINIA KEY BEACH PARK- :..• • :►RENOVATIONS & REPAIRSt RROJECT:# B3282, ID#17987 • • •y 1. Paragraph five (5) of The Agreement is hereby replaced with the following: • POINTS QF CONNECTION. The COUNTY ownsand operates a twenty (20) Inch `water main located in Sewage Treatment Plant Road - abutting the northern boundary of the CITY'S property, from which the CITY shall connect the CITY'S : Property. Any proposed water main extensions within the CITY'S property shall be twelve (12) inches minimum in diameter with two (2) points of connection. The COUNTY also owns and operates a twelve (12) inch sewer force main located In the intersection of Rickenbacker Causeway and Virginia Key Beach Access Road, from which the CITY shall connect and install an eight (8) Inch sewer force main directly into the CITY'S property, where the CITY shall install a private sewage pumping station to serve the CITY'S property and eight (8) inch private gravity sewer facilities. These matters shall be addressed and resolved by the CITY'S engineer. Other points of connection may be established subject to approval of the DEPARTMENT. 2. The following paragraph is hereby added to The Agreement as paragraph thirty-three (33): CONNECTION/FRONTAGE BY OTHERS. .Parties other than the DEVELOPER who own property, other than the DEVELOPER'S Property, which has frontage to any sewer force main installed outside of the - 3 - OLD VIRGINIA KEY BEACH PARK • - 'RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 DEVELOPER'S property .pursuant to this Agreement, may apply to the COUNTY for connections to said sewer force main. If said parties actually connect and/or abut said facilities, the COUNTY will impose a construction connection charge' equal to 'thirty dollars ($30.00) for the twelve (12) inch sewer force main, multiplied by the front foot length of . the connecting/abutting propertVwhich fronts and/or abuts the sewerforce main as measured along the route of the main. The COUNTY will also impose construction connection charges on such other parties If said sewer force 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 DEVELOPER within ninety (90) days of receipt of same. However, the COUNTY'S liability for repayment.to the DEVELOPER 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 sewer force Main facilities constructed by the DEVELOPER. 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 sewer force main facilities constructed by the - 4- OLD VIRGINIA KEY BEACH PARK - . • RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17887 DEVELOPER to theedate, 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 connectinglabutting party. It shall be the DEVELOPERS responsibility to provide the COUNTY with current mailing addresses during the twelve - (12) year period. 3. Paragraph twenty (20) of The Agreement is hereby modified to read as follows: TERMS 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 Addendum, work on the project shall commence within one hundred eighty (180) days from the execution date. Work shall be considered to have commenced when 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 of each ' full working day, weather permitting.• ' b. Once the CITY commences construction on the property, building construction cannot be suspended, abandoned, or not 6.- • OL1 VIRGINIA KEY BEACH.PARK'.`.. . OVATIONS d4 REPA1RS-P OJECT / B328�� !DN 17867 in actlifiprogross'for a period exceeding one hundred eighty 0so) days." All terms and .conditions 'of The Agreement not specifically modified by this Addendum shall remain in full force and effect. • • • OI.D VIRGINIA KEY BEACH PARK • %RENOVATIONS & REPAIRS, PROJECT S B3282, DV 17867 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be • • executed by their respective officials as of the day and year above written. 5 `1 W1TNESSETH: signature • By: print name signature print name MIAMI - DADE COUNTY Tomas R. Golcouria Utilities Development Division Mlami-Dade Water and Sewer Department STATE OF FLORIDA COUNTY OF MIAMI - DADE The foregoing instrument was acknowledged before me this day of 2003, by Tomas R. Goicouria, Chief, Utilities Development Division of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public . OLD VIRGINIA KEY BEACH PARK- . . RENOVATIONS & REPAIRS, PROOCT * B3282, IDS 17967 WITNESSETH: signature print name signature print name CITY OF NAM!. A MUN1CjPAL CORPORATION By: (SEAL) JOE ARRIOLA City Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this • day of 2003 , by JOE ARRIOLA, who is personally known to me sz and has/hasn't produced as Identification and did/did not fake an oath. Notary Public Serial Number. print name Approved for Suftidency of Execution Only: Assistant County Attorney