HomeMy WebLinkAboutprevious agreementOLD VIRGINIA KEY BEACH PARK.RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
AGREEMENT
FOR
WATER AND SANITARY SEWAGE FACILITIES
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
This instrument prepared by:
Clementine Sherman
New Business Administrative Officer II
Utilities Development Division
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
6/712002 !
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
THIS AGREEMENT, made and entered into at Miami -Dade County, Florida,
this f 7 day of
, 200/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, 3575 S. LeJeune Road, Miami, Florida 33146-2221 and City Of Miami, a
Florida municipal corporation, hereinafter designated as the "CITY", whose mailing
address is: 444 S.W. 2nd 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 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
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. 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 Settlement Agreement between the
Florida Department of Environmental Protection, hereinafter, designated as the "DEP",
and the COUNTY dated July 27, 1993, the First Amendment to Settlement Agreement
between DEP and the COUNTY dated December 21, 1995, the First Partial Consent
Decree and the Second and Final Partial Consent Decree United States of America
Environmental Protection Agency vs. Metropolitan Dade County (Case Number 93-
1109 CIV-Moreno), as currently in effect or as amended or modified in future agreements
and all other current, subsequent or future agreements, court orders, judgments, consent
orders, consent decrees and the like entered into between the COUNTY and the United
States, State of Florida and/or any other governmental entity, and all other current,
subsequent or future enforcement and regulatory actions and proceedings.
Page 3 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
3. 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.
The connection charges are based on the average daily gallons for the various building
units and/or use as shown on Exhibit "B" attached hereto and made a part hereof,
multiplied by the applicable rates established by the COUNTY. The CITY intends to
connect two (2) existing bath houses with a total square footage of three thousand five
hundred fifty-eight (3,558) square feet and an existing three thousand five hundred eighty-
six (3,586) square foot concession building to the COUNTY'S water and sewer systems.
Therefore, the agreed total average daily gallonage is three thousand thirty-eight (3,038)
gallons, resulting in combined water and sewer connection charges in the amount of
twenty-one thousand two hundred thirty-seven dollars and seventy-two cents ($21,237.72).
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 and shall be paid
by the CITY prior to the DEPARTMENT'S installation of a water meter and/or the rendition
of sewer service to the CITY'S property. 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 at any time.
Page 4 of 22
OLD VIRGINIA KEY BEACH PARK.RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
4. OTHER USES ON THE PROPERTY. If the CITY intends to construct
building units and/or uses on the CITY'S property for which the total average daily
gallonage as calculated by using Exhibit "B" attached hereto will increase the total
average daily gallonage specified hereinabove, additional capacity will be required.
Therefore, additional connection charges, computed at prevailing rates; capacity allocation,
if available, and construction connection charges, if any, shall be increased accordingly by
an addendum to this Agreement. If applicable, the CITY shall provide the COUNTY a list
of all tenants prior to the installation of any domestic water meters by the COUNTY for the
CITY'S property.
5. POINTS OF CONNECTION. The COUNTY owns and 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 twenty-four (24) inch sewer force main located in Sewer Treatment Plant Road
abutting the northern boundary of the CITY'S property, from which the CITY shall install
and connect 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.
Page 5 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
6. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost
and expense shall cause to be designed, constructed and installed all of the necessary
water and/or sewer facilities provided for in this Agreement unless otherwise specified.
The facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines,
service connections, service lines, shutoffs, meter boxes, air release valves, private
sewage pumping station, sewer force mains, private gravity sewer system, 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.
7. INSPECTION. The design and construction of facilities to be owned by the
COUNTY shall conform to the COUNTY standards and regulations. 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
Page 6 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve
the CITY of any responsibility for the quality and condition of materials and workmanship.
8. TESTS. During construction and at the time when various tests are required,
the COUNTY'S engineer or its authorized representative, together with the CITY'S
engineer and contractor, shall jointly be present to witness tests for determination of
conformance with approved plans and specifications. The CITY shall notify the COUNTY a
minimum of twenty-four (24) hours in advance of the tests.
9. 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.
10. 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.
11. 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
Page 7 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
construction activities even though 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.
12. WATER SERVICE LINES. Any water service lines two (2) inches in
diameter or less 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.
13. OWNERSHIP OF WATER METER. The COUNTY shall provide, own and
install the required water meter at its own expense as a part of any water service
installation. Ownership by the COUNTY shall terminate at the outlet side of each water
meter.
Page 8 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
14. 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 two (2) herein,
c. available water by the COUNTY.
However, in no event will the COUNTY be obligated to supply any more water or sewage
treatment capacity in any one year than is called for by the building connection schedule
attached hereto and made a part hereof as Exhibit "C". Any variation from said
connection schedule which results in increased yearly demand on the water resources or
sewage treatment facility capacity of the COUNTY not specifically provided for in
Exhibit "C" shall be subject to the written approval and consent of the DEPARTMENT and
shall be dependent on the availability of the water resource and the various restrictions
placed on the supply of water or the disposal of sewage by local, state and federal
government agencies and the physical limitations on the COUNTY'S supply and treatment
capacity. If the CITY does not utilize the yearly amount of water or sewage treatment
facility allocation specified in Exhibit "C", said amount will be available to the CITY in the
next calendar year subject to the limitations and provisions specified herein.
Page 9 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
15. 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 two (2) 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.
16. 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) feet 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.
Page 10 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, 1D# 17967
17. 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.
18. 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 sales, releases
of liens and grants of easements 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
CITY'S property and all persons who incorporate materials into the property, together with
a breakdown of the actual cost of said facilities. Concurrently, the CITY shall furnish the
COUNTY with one (1) set of mylar as -built drawings showing specific locations and depths
Page 11 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
among other things, of all facilities as located by a licensed surveyor, along with four (4)
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.
19. 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, 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:
Types of Facilities Percentage of Actual
Construction Cost
Water mains and 25
Sewer force mains
Page 12 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
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
arising therefrom. The CITY also warrants that it shall be solely responsible for the repair
of any damages to said facilities caused by persons in its employment.
Page 13 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
20. 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 Agreement, work on the CITY'S property 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 on each full working day, weather permitting,
b. Once the CITY commences construction on the CITY'S property, building
construction cannot be suspended, abandoned, or not in active progress for
a period exceeding one hundred eighty - (180) days.
21. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless
the COUNTY and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costs of defense, which the
COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to or resulting from the performance of this Agreement by the CITY or its
employees, agents, servants, partners principals, contractors and/or subcontractors.
The CITY shall pay all claims and losses in connection therewith and shall investigate and
Page 14 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
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, judgements, 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.
22. FORCE MAJEURE. Should either party be prevented from performing any
obligations herein, including but not limited to water and/or sewer service, due to or
resulting from a force majeure or inevitable accident or occurrence, such party shall be
excused from performance. As used herein, force majeure shall mean an act of God which
includes but is not limited to sudden, unexpected or extraordinary forces of nature such as
floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions
or other forces of nature. Inevitable accidents or occurrences shall mean those which are
unpreventable by the 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.
Page 15 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
23. 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.
24. 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.
25. OPINION OF TITLE; With the execution of this Agreement, the CITY at its
own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S property,
issued by a qualified attorney, licensed to practice law in the State of Florida, which states
that the CITY owns fee simple title to the property referred to herein.
26. PRIVATE SEWAGE FACILITIES, The CITY shall bear the full expense of all
private sewage facilities including plumbing. Said facilities shall be owned, operated and
maintained by the CITY, its successors, and/or assigns. Private sewage facilities are
hereby defined, as all facilities not located within dedicated
rights -of -way or COUNTY owned easement areas. The CITY agrees that it shall
disconnect its private sewage pumping station and sewer force main and connect to the
COUNTY'S future gravity sewer main when such main is located in a right-of-way or
Page 16 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
easement adjoining the CITY'S property and is available for connection. The cost of this
work shall be borne solely by the CITY. Further, the CITY agrees that it shall pay its
proportionate share of the cost of the construction of the future sanitary sewer collection
system abutting the property herein described. As a condition of the COUNTY'S allowance
of a private sewage pumping station/on-site sewage collection system, the CITY agrees to
execute a unity of title and a covenant in a form approved by the COUNTY. The executed
documents shall be delivered to the COUNTY with the execution of this Agreement.
27. MAINTENANCE OF PRIVATE SEWAGE FACILITIES. The CITY further
agrees that it shall operate and maintain all private sewage facilities in an efficient manner
and in complete compatibility with the COUNTY'S system. The CITY agrees to make, at its
sole expense, any changes or additions to its private sewage facilities, which, from time -to -
time, may be required in order to be compatible with the COUNTY'S system. Failure by
the CITY to implement the changes or additions shall be cause for the termination of water
and sewer service by the COUNTY. Pressures in the COUNTY'S sanitary sewer force
mains may be subject to wide fluctuations due to conditions such as excessive rainfall
resulting in flooding, other natural causes or temporary facility failure. COUNTY sewer
force main pressures are normally in the range of ten (10) to thirty (30) pounds per square
inch (psi). However, abnormal conditions with system pressures as high as seventy-five
(75) psi are occasionally possible. It is the CITY'S sole responsibility to obtain information
on current and future system conditions prior to final design of the CITY'S sewage facilities.
Safety or standby measures should be designed in the private sewage pumping facilities
Page 17 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
to offset any extraordinary changes to the normal pressure range. In addition, it is
advisable for sewer force main materials to conform to COUNTY standards. The COUNTY
will operate its systems in a conscientious manner, but the COUNTY shall not be
responsible for damages or interruptions caused by abnormal pressures or pressure
surges.
28. 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 or State of Florida Department of Health, 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 from and
against all claims, actions, judgements, 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 which result from
failure to properly maintain and repair the water facilities.
Page 18 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
29. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage
disposal service commitment provided for in this Agreement shall be transferred, assigned
or otherwise conveyed to any other party without the express written consent of the
Director of the DEPARTMENT or his designee except as noted below. The consent of the
DEPARTMENT shall not be required in connection with the sale, lease or other
conveyance of property or any residential units or commercial establishments to any party
who will be the ultimate user of the property, including but not limited to a bona fide
purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent
of the DEPARTMENT for assignments or transfers of any water and sewage disposal
capacity allocation to any party who holds such property as an investment for resale or who
intends to develop for sale a portion of the 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.
30. ENTIRE AGREEMENT. This Agreement supersedes all previous
agreements and representations, whether oral or written, between the CITY and the
Page 19 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
COUNTY and made with respect to the matters contained herein and when duly executed
constitutes the complete Agreement between the CITY and the COUNTY.
31. 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.
32. 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 20 of 22
OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967
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:
i7/1 h/x rt /��.1 �YLA,S/YY a-,r J
signature
,vEsm4- L)
print name
print ame
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Th$,foregoing instrument
Development Division of the
personally known o me and did
Notary Public
By:
MIAMI-DADE COUNTY
Tomas R. Goicouria
Utilities Development Division
Miami -Dade Water and Sewer
Department
was acknowledged before me this % 7 day of
2097, by Tomas R. Goicouria, Chief, Utilities
Miami -Dade Water and Sewer Department, who is
not take an oath.
4
i
YOANET MARTINEZ
Notary Public - State of Florida
My Cammissran Expires Jun 25, 2635
Commission # DC037470
Page 21 of 22
OLD VIRGINIA KEY BEACH PARK-RENOVATIONS&REPAIRS, PROJECT #B3282, ID#17967
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective official's thereunto duly authorized, this the day and year above written.
ATTEST:
ilia A. Thompson
City Clerk
APPROVED
CORREC
arello
Attorney rI�
CITY OF MIAMI, a municipal corporation
Arriola
Manager
APPROVED AS TO INSURANCE
REQUIREMENTS
Diane Ericson, Director
Risk Management
STATE OF FLORIDA
COUNTY OF MIAMI-DADE q�i
The foregoing instrument was acknowledged before me this 13 i day of DCt7 , 2003
by Jbe
rrbO(q
or a ' h;f./hasn't ced
Notary P
OR CITY'S Representative, who is
Print Name
A. •roved for Sufficiency of Execution Only:
Assistant Coun Attorney
to me
as identification and did/did not take an oath.
Ce 455�
Serial Number
ifirs' - Clommi ion.I Smith
25933
Biz of Expires May 23, 2004
.. t Bonded nun
'''. `' if Atlantic Bonding Co., Inc.
Agreement for water and Sanitary Sewage Facilities between Miami -Dade County and City of Miami — Agreement (Old Virginia
Key Beach Park -Renovations & Repairs, Project # B3282, ID#17967)
Page 22 of 22