HomeMy WebLinkAboutExhibit 1MUSEUM PARK, ID# 20227
AGREEMENT
FOR
WATER AND SANITARY SEWAGE FACILITIES
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
AND
MUSEUM OF SCIENCE, INC.
AND
MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC.
This instrument prepared by:
Michael Suchogorski
New Business Supervisor
New Business Section
Miami -Dade Water and Sewer Depaitm nt
3575 S. LeJeune Road
Miami, Florida 33146-2221
#(0-:;--76/5
MUSEUM PARK, ID# 20227
THIS AGREEMENT, made and entered into at Miami -Dade County, Florida,
this 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 (the ''CITY"), and Museum of Science, Inc. ,a Florida
not -for -profit corporation ("Science"), and Miami Art Museum of Dade County
Association, Inc., a Florida not -for -profit corporation ("Art"), hereinafter collectively
designated as the "DEVELOPER", whose respective mailing addresses are: For the CITY:
Attention: City Manager, c/o Alice Bravo, Director CIP, 444 S.W. 2nd Avenue, 10th Floor,
Miami, Florida 33130-1910; for Science: Attention: Gillian Thomas, 3280 South Miami
Avenue, Miami, Florida 33129; and for Art: Attention :Thom Collins, 101 West Flagler
Street, Miami, Florida 33130.
WITNESSETH:
WHEREAS, the DEVELOPER desires water and sewer service to be rendered to
property owned and/or leased by the DEVELOPER, and
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter
designated as the "DEPARTMENT", operates the water and sewage systems owned by
the COUNTY.
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NOW, THEREFORE, in consideration of the mutual covenants entered into between
the parties hereto to be made and performed and in consideration of the benefits to accrue
to each of the respective parties, it is covenanted and agreed to as follows:
1. DEVELOPER 'S PROPERTY. The DEVELOPER owns and/or leases 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 "
DEVELOPER'S property". The DEVELOPER has requested that the DEPARTMENT
render water and sewer service to the DEVELOPER'S property and the COUNTY agrees
to do so subject to the terms, covenants and conditions contained herein.
2. WAIVER. No delay or failure to exercise a right under this Agreement or
any other Agreement shall impair or shall be construed to be a waiver thereof. No waiver
or indulgence of any breach of this Agreement or series of breaches shall be deemed or
construed as a waiver of any other breach of same or as voiding or altering any other
obligation of the parties under this Agreement or any other Agreement. No order or
directive given by the COUNTY or its agents shall be considered as waiving any portion of
this Agreement unless done in writing by a person having actual authority to grant such
waiver.
3. DEVELOPER ACKNOWLEDGMENT. The DEVELOPER hereby
acknowledges and agrees that any right to connect the DEVELOPER'S property to the
COUNTY'S sewage system is subject to the terms, covenants and conditions set forth in
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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 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 DEVELOPER'S property and will
receive and dispose of sanitary sewage from the DEVELOPER'S property. The
DEVELOPER shall pay water and sewer connection charges for all those units to be
constructed on the DEVELOPER'S property subject to the limitations specified herein. The
DEVELOPER acknowledges that, to the extent that water or sewer service will ultimately
be rendered to the DEVELOPER'S property by a volume customer, the DEVELOPER is a
new retail user provided water or sewer service from a volume customer, and
acknowledges that it is responsible for payment of connection charges; however, in the
event tht water or sewer is provided directly by the CO_JNTY, the DEVELOPER
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acknowledges that it is a new retail customer of the COUNTY and accordingly also liable
for payment of connection charges. The DEVELOPER may be considered both a new
retail customer and a new retail user provided service by a volume customer in the event
that the COUNTY provides water service to the DEVELOPER'S property and a volume
customer provides sewer service, or vice -versa. The connection charges are based on the
average daily gallons for the various building units and/or use as shown on Exhibit "B"
attached hereto and made a part hereof, multiplied by the applicable rates established by
the COUNTY. The DEVELOPER intends to redevelop an existing public park with
restrooms for nine hundred fifty (950) average daily visitors and ten thousand four hundred
seventy-seven (10,477) square feet of office space currently connected to the COUNTY'S
water and sewer systems representing an average daily gallonage credit of five thousand
seven hundred ninety eight (5,798) gallons, and intends for the following construction to
take place within the DEVELOPER'S property:
a) A new City park facility with restrooms for nine hundred fifty (950) average daily
visitors, three thousand ten (3,010) square feet of office space, eight hundred sixteen (816)
square feet of take-out restaurant space, and four (4) boat slips marina, representing a total
average daily gallonage of five thousand six hunored nineteen (5,619) gallons;
b) A Science Museum containing sixteen thousand three hundred ninety (16,390)
square feet of showroom -type space, two thousand seven hundred twenty-one (2,721)
square -feet of office space, twenty-five thousand seven hundred forty-four (25,744) square -
feet of storage space, forty-six thousand nine hundred twelve (46,912) square -feet of retail
store space, one hundred sixty-five (165) seats banquet -type eating areas, one hundred
sixty (160) seats full -service restaurant, one thousand forty-three (1,043) seats
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movie/theater/auditorium areas, school area for one hundred eighty-five (185) students and
five (5) teachers, salt -water aquarium backwash into the COUNTY'S sewer system of nine
thousand three hundred (9,300) gallons per day, HVAC blowdown into the COUNTY'S
sewer system of eight thousand (8,000) gallons per day, and HVAC make-up water from
the COUNTY'S water system of thirteen thousand (13,000) gallons per day, representing a
total average daily gallonage of thirty-four thousand five hundred sixty-five (34,565) gallons
for water and thirty-eight thousand eight hundred sixty-five (38,865) gallons for sewer;
c) An Art Museum containing thirty-eight thousand three hundred forty-one (38;341)
square feet of showroom -type space, six thousand five hundred ninety-nine (6,599) square -
feet of office space, one thousand (1,000) square -feet of library space (office -type use),
sixteen thousand seven hundred ninety-two (16,792) square -feet of storage space,
fourteen thousand two hundred fifty (14,250) square -feet of retail store space, one hundred
nineteen (119) seats full -service restaurant, one thousand one hundred sixty-one (1:161)
seats movie/theater/auditorium areas, school area for one hundred (100) students and five
(5) teachers, HVAC blowdown into the COUNTY'S sewer system of three thousand (3,000)
gallons per day, and HVAC make-up water from the COUNTY'S water system of twenty-six
thousand four hundred (26,400) gallons per day, representing a total average daily
gallonage of forty-two thousand two hundred ninety-eight (42,298) gallons for water and
eighteen thousand eight hundred ninety-eight (18,898) gallons for sewer.
The total uses for a), b), and c) above represent a total average daily gallonage of
eighty-two thousand four hundred eighty-two (82,482) gallons for water, and sixty-three
thousand three hundred eighty-two (63,382) gallons for sewer. Therefore, the agreed
average daily gallonage increase within V-ie DEVELOPER'S property is seventy-six
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thousand six hundred eighty-four (76,684) gallons for water, and fifty-seven thousand five
hundred eighty-four (57,584) gallons for sewer, resulting in combined water and sewer
connection charges in the amount of four hundred twenty-nine thousand sixty-one dollars
and sixteen cents ($429,061.16). 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 property until such
time as the fees and/or charges specified herein have been paid in full.
5. OTHER USES ON THE PROPERTY. If the DEVELOPER constructs 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 DEVELOPER'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
DEVELOPER. If requested in writing by the DEPARTMENT, the DEVELOPER shall
provide the COUNTY a list of all tenants and building units and/or use prior to the
installation of any water meters by the COUNTY for the DEVELOPER'S property.
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6. POINTS OF CONNECTION. The COUNTY owns and operates twenty-four
(24) inch and twelve (12) inch water mains in Biscayne Boulevard, from either of which the
DEVELOPER shall connect and install a twelve (12) inch water main within the
DEVELOPER'S property in a looped system with two (2) points of connection. The
COUNTY also owns and operates a thirty (30) inch gravity sewer main located in Biscayne
Boulevard at manhole number 5, from which the DEVELOPER shall connect and install a
ten (10) inch gravity sewer main easterly within the DEVELOPER'S property as required to
provide service, provided that there is sufficient depth and that there are no obstacles
which would preclude construction of the sewer. In addition, the DEVELOPER shall install
sewer meter facilities within appropriate COUNTY easements for the proposed aquarium
backwash into the COUNTY'S sewer system, subject to design review and approval by the
DEPARTMENT. The DEVELOPER shall coordinate its installation and testing of said sewer
meter facilities with the DEPARTMENT'S Meter Division. Other points of connection may be
established subject to approval of the DEPARTMENT.
7. REMOVAL/RELOCATION OF WATER AND SEWER FACILITIES. The
DEVELOPER hereby acknowledges and agrees that any existing COUNTY water and/or
sewer facilities and all appurtenances including fire hydrants within the DEVELOPER'S
property that will conflict with proposed development must be removed and/or relocated,
and all easements associated with said facilities vacated and/or relocated. Said relocation
and/or removal of facilities shall be performed by or for the DEVELOPER in accordance
with plans and specifications to be approved by the COUNTY and in such a manner that
there will be no interrupion of services to the COUNTY'S existing customer. All costs
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incurred shall be borne solely by the DEVELOPER. 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. DESIGN AND CONSTRUCTION OF FACILITIES. The DEVELOPER at its
own cost and expense shall cause to be designed, constructed and installed all of the
necessary water and/or sewer facilities provided for in this Agreement unless otherwise
specified. The facilities shall include any and all water mains, valves, fittings, fire hydrants,
firelines, service connections, service lines, shutoffs, meter boxes, air release valves,
gravity sewer mains, laterals, manholes, sewer meter facilities, 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.
9. INSPECTION. The COUNTY shall have the right but not the obligation to
make engineering inspections of all the construction work performed by the DEVELOPER
under the terms of this Agreement including private facilities not to be conveyed to the
COUNTY. Such inspections shall not be construed to constitute any guarantee on the part
of the COUNTY as to the quality and condition of materials and workmanship. Any
inspections by the DEPARTMENT sha".I not relieve the DEVELOPER of any responsibility
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for proper construction of said facilities in accordance with approved plans and
specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the
DEVELOPER of responsibility for the quality and condition of materials and workmanship.
10. TESTS. During construction and at the time when various tests are required,
the COUNTY'S engineer or its authorized representative, together with the DEVELOPER'S
engineer or its authorized representative, and contractor, shall jointly be present to witness
tests for determination of conformance with approved plans and specifications. The
DEVELOPER shall notify the COUNTY a minimum of twenty-four (24) hours in advance of
the tests.
11. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule
construction meetings with the DEVELOPER'S representatives (Engineer, Project
Manager, Construction Superintendent and others) at a place designated by the COUNTY
within the City of Miami with respect to project related matters upon twenty-four (24) hours
notice.
12. SUBCONTRJ%TORS AND CONSULTANTS. The COUNTY reserves the
right, at any time, to bar any subcontractor or consultant employed by the DEVELOPER
from engaging in any sort of work or activity related to this Agreement, if such be in the
interests of the COUNTY. In the event the COUNTY rejects any subcontractor or
consultant, said subcontractor or consultant will immediately cease work on anything
related to this Agreement. The DEVELOPER shall not be entitled to compensation for any
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monies previously paid to any subcontractor or consultant if said subcontractor or
consultant is rejected by the COUNTY.
13. COMPLIANCE WITH ALL LAWS. The DEVELOPER, at its own cost
and expense, shall comply with all applicable laws, statutes, rules, and ordinances in
carrying out the activities contemplated herein.
14. APPROVALS AND PERMITS. The DEVELOPER shall be fully responsible
for obtaining all required approvals from all appropriate governmental and regulatory
agencies and all necessary permits for all facilities contemplated in this Agreement.
Notwithstanding anything else contained herein to the contrary, this Agreement shall not
constitute or be interpreted as a waiver of any requirements of any other agency of Miami-
Dade County and/or any requirements of the Code of Miami -Dade County. The
DEVELOPER is responsible for obtaining all permits as may be required for the work
contemplated herein pursuant to the Code of Miami -Dade County.
15. COUNTY AS PERMfTTEE. Lertain federal, state and county agencies,
including but not limited to the State of Florida Department of Transportation, the South
Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East
Coast Railroad may require that the COUNTY be named as permittee for certain
construction activities even though the DEVELOPER'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 perr,- its, the DEVELOPER shall provide sufficient security Ls acceptable
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to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions,
judgements, liability, loss, cost and expense, including reasonable attorney's fees, related
to work performed by the DEVELOPER pursuant to such permits, subject to the limits of
Section 768.28, Florida Statutes. The security shall be furnished prior to' the start of
construction and shall be in an amount equal to the DEVELOPER'S cost estimate for the
permit work. The DEVELOPER shall have sixty (60) days to resolve any claims by a
permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the
security. The DEVELOPER shall be liable for all costs in excess of the security, subject to
the limits of Section 768.28 Florida Statutes. With respect to the Indemnification clauses in
this Agreement the City of Miami reserves all claims, rights and defenses.
16. WATER SERVICE LINES. Any water service lines two (2) inches or less in
diameter that are required for the DEVELOPER'S property which will be directly connected
to existing mains owned by the COUNTY shall be installed by COUNTY personnel only.
The DEVELOPER hereby agrees to pay to the COUNTY its standard water service line
installation charge, permit fees and service fees prior to any such installation.
17. OWNERSHIP OF WATER METER. The COUNTY shall own and install the
required water meter as a part of any water service installation. Ownership by the
COUNTY shall terminate at the outlet side of each water meter. The DEVELOPER shall
pay all applicable installation fees.
18. TREATMENT AND TRANSMISSION CAPACITY. In addition to the
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covenants and conditions set forth herein, water and sewer service to be rendered by the
COUNTY is subject to the following:
a. issuance of a valid operation permit by the State of Florida for the
COUNTY'S sewage treatment facility serving the DEVELOPER'S property
which allows additional connections,
b. sufficient available capacity in the COUNTY'S 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
connection schedule which results in increased yearly demand on the water resources or
sewage treatment facility capacity of the COUNTY not specifically provided for in Exhibit
"C" shall be subject to the written approval and consent of the DEPARTMENT and shall be
dependent on the availability of the water resource and the various restrictions placed on
the supply of water or the disposal of sewage by local, state and federal government
agencies and the physical limitations on the COUNTY'S supply and treatment capacity. If
the DEVELOPER does not utilize the yearly amount of water or sewage treatment facility
allocation specified in Exhibit "C", said amount will be available to the DEVELOPER in the
next calendar year subject to the limitations and provisions specified herein.
19. ALLOCATION OF CAPACITY. The COUNTY agrees to include the
afoQsaid allocation in its regional water supply, produetiot and transmission facilities and
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regional sanitary sewer system, once the DEVELOPER is granted necessary sewer
allocation, as specified in paragraph three (3) hereinabove. However, it is mutually agreed
and understood by the COUNTY and the DEVELOPER that the allocation of capacity by
the COUNTY does not guarantee the ability of the COUNTY to supply water for the
DEVELOPER'S property or the ability to receive and dispose of sewage originating from
the DEVELOPER'S property. Capacity allocation is subject to local, state and federal
agencies and other regulatory bodies having jurisdiction. In connection therewith, the
DEVELOPER agrees that the COUNTY shall not be liable or in any way responsible for any
costs, claims or losses incurred by the DEVELOPER as a result of actions by regulatory
bodies, which are related to capacity allocation.
20. 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 DEVELOPER prior to the COUNTY'S installation of a water meter and/or the rendition
of sewer service to'the DEVELOPER'S property. The DEVELOPER may not place any
pavers or other structures in an easement area which would prevent the DEPARTMENT, at
its sole discretion, from making full use of the easement for the purposes provided in this
Agreement, and the DEVELOPER shall remove same, at the DEVELOPER'S cost, at the
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direction of the COUNTY. The DEVELOPER may place pavers or other structures in the
easement area if such pavers or other structures can be removed, with minimal effort by
the DEPARTMENT, in the event that such pavers or other structures need to be removed
in order for the DEPARTMENT to make use of the easement; the DEVELOPER places
such pavers or other structures in the easement area at his own risk, and the
DEPARTMENT shall not be liable for any costs incurred by the DEVELOPER in replacing
any such pavers or other structures removed by the DEPARTMENT.
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 DEVELOPER 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 DEVELOPER, a valid
and enforceable easement will be vested to the COUNTY. The DEVELOPER shall pay for
all recording fees and for all documentary stamps. The details for all conveyances are
specified hereinabove: Failure of the DEVELOPER to provide proper conveyances shall
be cause for the COUNTY to refuse to render service to the DEVELOPER'S property.
22. 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, grants of easement for execufiior, by the DEVELOPER. The properly executed
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documents shall be delivered to and accepted by the COUNTY prior to the rendition of
water and/or sewer service by the COUNTY. The DEVELOPER shall pay for all recording
fees and for all documentary stamps. These conveyances shall be accompanied by copies
of paid bills and/or lien waivers, releases, or satisfactions from all persons who performed
work on the DEVELOPER'S property and all persons who incorporate materials into the
property, together with a breakdown of the actual cost of said facilities. Concurrently, the
DEVELOPER shall furnish the COUNTY with 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 DEVELOPER 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
DEVELOPER 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,br replaced shall continue to remain in effect for an additional period of one (1) year
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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 25
Gravity sewers 50
Sewer meter facilities 100
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 -factor 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 DEVELOPER'S contractor as
"Principal" and the DEVELOPER and the COUNTY as "Co -obligees" or the COUNTY as
sole "Obligee". In the alternative, the DEVELOPER 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 DEVELOPER'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
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exceed an additional two (2) years. Upon demand by the COUNTY, the DEVELOPER
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 DEVELOPER and/or its Surety
shall be liable to the COUNTY for all costs arising there from, subject to the limits of
Sections 255.05 and 768.28 Florida Statutes, as applicable. The DEVELOPER 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 DEVELOPER and the COUNTY
recognize that time is of the essence and that this Agreement shall be deemed null and
void and unenforceable if the DEVELOPER fails to comply with any of the following
conditions, where applicable:
a. After execution of this Agreement, work on the water and/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.
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b. Once the DEVELOPER 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
provision of this agreement.
25. INDEMNIFICATION CLAUSE. The DEVELOPER shall 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 theperformance of this Agreement by the DEVELOPER or its employees, agents,
servants, partners, principals, contractors and/or subcontractors. The DEVELOPER 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, judgements, and attorney's fees which may issue
thereon. The DEVELOPER expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the DEVELOPER shall in
no way limitthe responsibilityto indemnify, keep and save harmless and defend the
COJNTY or its officers, employees, agents and instrumentalities as herein provided,
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subject to the limits of Section 768.28 Florida Statutes The COUNTY expressly
understands and agrees that in the event the City of Miami purchases any insurance
protection per the terms of this Agreement the City expressly retains all rights, claims,
defenses and immunities under Florida law .
26. FORCE MAJEURE. Should either party be prevented from performing any
obligations herein, including but not limited to water and/or sewer service, due to or
resulting from a force majeure or inevitable accident or occurrence, such party shall be
excused from performance. As used herein, force majeure shall mean an act of God which
includes but is not limited to sudden, unexpected or extraordinary forces of nature such as
floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions
or other forces of nature. Inevitable accidents or occurrences shall mean those which are
unpreventable by either party and shall include but not be limited to strikes, lockouts, other
industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots,
federal, state, county and local governmental restraints and restrictions, military action, civil
disturbances, explosions, conditions in federal, state, county and local permits, bid protests,
manufacturing and delivery delays, unknown or unanticipated soil, water or ground
conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of
either party, whether or not specifically enumerated herein.
27. SERVICE CHARGES. The DEVELOPER agrees to pay to the COUNTY the
prevailing service charges for water supply and fire protection, sewage collection and
disposal within the DEVELOPER'S property as may be applicable until the responsibility for
Page 20 of 27
MUSEUM PARK, ID# 20227
payment of said charges is properly transferred in accordance with the COUNTY'S
regulations.
28. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to
make full use of the water and/or sewer facilities to be owned by the COUNTY as
contemplated herein to serve other customers at any time.
29. OPINION OF TITLE.. With the execution of this Agreement, the
DEVELOPER at its own expense shall deliver to the DEPARTMENT an opinion of title for
the DEVELOPER'S property, issued by a qualified attorney licensed to practice law in the
State of Florida, which states that the DEVELOPER owns fee simple title to the property
referred to herein.
30. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that
prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests
must be performed. It is the responsibility of the DEVELOPER to comply with all such
requirements and to obtain all necessary approvals. In addition, the use of floating meters
for construction purposes is subject to State of Florida requirements and approval by the
COUNTY. The DEVELOPER may request approval for the use of floating meters prior to
actual conveyance of title to the facilities to the COUNTY. However, the COUNTY 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 accepter title to the facilities. If the COUNTY is required to
Page 21 of 27
MUSEUM PARK, ID# 20227
execute such documents, the DEVELOPER 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 DEVELOPER prior to
conveyance of title to the COUNTY, including but not limited to those that result from failure
to properly maintain and repair the water facilities.
31. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage
disposal service commitment provided for in this Agreement shall be transferred, assigned
or otherwise conveyed to any other party without the express written consent of the Director
of the DEPARTMENT or his designee except as noted below. The consent of the
DEPARTMENT shall not be required in connection with the sale, lease or other
conveyance of property or any residential units or commercial, artistic, educational,
scientific, cultural or civic establishments to any party who will be the ultimate user of the
property, including but not limited to a bona fide purchaser, lessee, resident or occupant.
The intent of this paragraph is to require consent of the DEPARTMENT for assignments or
transfers of any water and sewage disposal capacity allocation to any party who holds such
property as an investment for resale or who intends to develop for sale a portion of the
DEVELOPER'S property, so that the COUNTY can adequately determine the demand for
water and sewage disposal capacity and plan for the fair and equitable allocation of water
and sewage disposal capacity among theresidents of Miami -Dade County. Consent, when
required, shall not unreasonably be withheld by the DEPARTMENT. If the DEVELOPER'S
Page 22 of 27
MUSEUM PARK, ID# 20227
property is transferred or conveyed, the DEVELOPER shall remain liable to the COUNTY
for all sums of money and all obligations due hereunder unless released in writing by the
COUNTY.
32. ENTIRE AGREEMENT. This Agreement supersedes all previous
agreements and representations, whether oral or written, between the DEVELOPER and
the COUNTY and made with respect to the matters contained herein and when duly
executed constitutes the complete Agreement between the DEVELOPER and the
COUNTY.
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 DEVELOPER shall pay all recording fees.
Page 23 of 27
MUSEUM PARK, ID# 20227
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: MIAMI-DADE COUNTY
signature
By:
print name
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Michael Suchogorski
New Business Supervisor
For: John W. Renfrow, P.E., Director
Miami -Dade Water and Sewer
Department
The foregoing instrument was acknowledged before me this day of
, 2010, by Michael Suchogorl, i, 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 Serial Number
print name
`rage 24 of 27
MUSEUM PARK, ID# 20227
CITY OF MIAMI. A MUNICIPAL
ATTEST: CORPORATION OF THE STATE OF
FLORIDA
By: (SEAL) By:
Priscilla A. Thompson, City Clerk Carlos A. Migoya, City Manager
(Affix City Seal)
(SEAL)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 2010, by Carlos A. Migoya, 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 Serial Number
print name
Pursuant to City Resolution No. , adopted , 2010.
Approved as to Insurance quirements: Approved as to Legal Form and Corre-`-l'ass:
By: By:
Gary Reshefsky, Risk Management Director Julie 0. Bru, City Attorney
Page 25 of 27
MUSEUM PARK, ID# 20227
MUSEUM OF SCIENCE, INC., A
ATTEST: FLORIDA NOT -FOR -PROFIT
CORPORATION
By: (SEAL) By: (SEAL)
signature of secretary signature of president
print name print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 2010, by , as President,
and , as Secretary, of Museum of Science, Inc., a
Florida not -for -profit corporation. They are personally known to me and did not take an
oath.
Notary Public Serial Number
print name
Page 26 of 27
MUSEUM PARK, ID# 20227
ATTEST:
MIAMI ART MUSEUM OF DADE
COUNTY ASSOCIATION, INC., A
FLORIDA NOT -FOR -PROFIT
CORPORATION
By: (SEAL) By: (SEAL)
signature of secretary signature of president
print name print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 2010, by , as President,
and , as Secretary, of Miami Art Museum of Dade
County Association, Inc., a Florida not -for -profit corporation. They are personally known
to me and did not take an oath.
Notary Public Serial Number
print name
Approved for.Legal Sufficiency:
Assistant County Attorney
Page 27 of 27
MUSEUM PARK, ID# 20227
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
AND
MUSEUM OF SCIENCE, INC.
AND
MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC.
LEGAL DESCRIPTION
TRACT "A", OF "NEW WORLD CENTER BICENTENNIAL PARK", ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 140, AT PAGE 50, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LYING IN A PORTION OF
SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST; AND IN A PORTION OF
"JAMES HAGAN DONATION", ALSO KNOWN AS SECTION 37, TOWNSHIP 53 SOUTH
AND 54 SOUTH, RANGE 41 EAST AND 42 EAST, MIAMI-DADE COUNTY, FLORIDA.
AND
COMMENCE AT THE NORTHWEST CORNER OF THE F.E.G. RR. CO. TRACT AS
SHOWN ON THE MUNICIPAL ATLAS OF THE CITY OF MIAMI, SHEET NO. 23-AN;
THENCE N87°46'43"E ALONG THE NORTH LINE OF SAID F.E.C. RR. CO. TRACT FOR
117 FEET; THENCE NO2°11'22"W FOR 179.95 FEET TO THE POINT OF BEGINNING
OF THE HEREON DESCRIBED PARCEL OF LAND; THENCE RUN NO2 °11'22"W FOR
205 FEET; THENCE RUN N87°46'59"E FOR 150 FEET; THENCE RUN S02°11'22"E
FOR 205 FEET; THENCE RUN S87°4 '59"W FOR 150 FEET TO THE POINT OF
BEGINNING.
"A" 1 of 1
MUSEUM PARK, ID# 20227
EXHIBIT "B" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
AND
MUSEUM OF SCIENCE, INC.
AND
MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC
SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY
TYPES OF LAND USES
Adult Congregate Living Unit / Residential Type Institution or Facility
(Not a Nursing Home or Convalescent 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
Bar and Cocktail Lounge
Beauty Shop
10 gpd/100 sq. ft.
25 gpd/seat (stool)
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
Dentist Office
25 gpd/member
275 gpd/dentist
Duplex or Twin Home Rest;=nce
Factory
a) With showers
b) Without showers
Food Preparation Outlet
(Bakeries, Meat Markets, Commissaries, etc.)
Funeral Home
Gas Station / Convenience Store / Mini -Mart
250 gpd/un'_,
20 gpd/100 sq. ft.
10 gpd/100 sq. ft.
(350 gpd minimum)
50 gpd/100 sq. ft.
10 gpd/100 sq. ft.
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 gpd/room
"B" 1 of 2
MUSEUM PARK, ID# 20227
TYPES OF LAND USES (CONTINUED)
House of Worship
Kennel
GALLONS PER DAY
3 gpd/seat
30 gpd/cage
Laundromat
175 gpd/washer
Marina
Mobile Home Residence / Park
40 gpd/boat slip
300 gpd/unit
Motor Vehicle Service Station
Nursing / Convalescent Home
10 gpd/100 sq. ft.
150 gpd/bed
Office Building
Pet Grooming
10 gpd/100 sq. ft.
10 gpd/100 sq. ft. PLUS
75 gpd/tub
Physician Office
Public Park
a) With toilets
b) With showers and toilets
250 gpd/physician
5 gpd/person
20 gpd/person
Public Swimming Pool Facility
10 gpd/person
Restaurant
a) Full -Service
b) Fast -Food
c) Take -Out
School
a) Day care / Nursery
b) Regular School
c) With cafeteria, add
d) With showers, add
e) Teachers and Staff
(350 gpd minimum)
50 gpd/seat
35 gpd/seat
50 gpd/100 sq. ft.
5 gpd/student
10 gpd/student
5 gpd/student
5 gpd/student
15 gpd/person
Shopping Center (dry uses only)
Show Rooms
Single Family Residence
5 gpd/100 sq. ft.
10 gpd/100 sq. ft.
350 gpd/unit
Speculation Building
Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc.
20 gpd/1,000 sq. ft.
3 gpd/seat
Store (dryuses only)
Theater
a) Indoor Auditorium
b) Outdoor Drive-in
5 gpd/100 sq. ft.
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
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 sl.all be rated in accordance with the specific type of use. (i.e. apartment, townhf use, etc.)
20 ppd/1,000 sq. ft.
5 gpd/1,000 sq. ft.
"B"2of2
MUSEUM PARK, ID# 20227
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
AND
MUSEUM OF SCIENCE, INC.
AND
MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS
Redevelop public park with restrooms for 950
average daily visitors; and 10,477 sq-ft of office
space previously connected to the County's water
and sewer systems.
Construct and connect a new City park facility with
restrooms for:
950 average daily visitors;
3,010 sq-ft of office space;
816 sq-ft take-out restaurant;
4 boat slip marina.
Construct and connect a new Science Museum
containing:
16,390 sq-ft of showroom -type space;
2,721 sq-ft office space;
25,7t;� sq-ft storage space;
46,912 sq-ft retail store space (dry uses only);
165 seats banquet space;
160 seats full -service restaurant;
1,043 seats movie/theater/auditorium space;
185 students, 5 teachers school;
Salt -water aquarium backwash (se..ver);
HVAC blowdown (sewer);
HVAC make-up water.
"C" l of 2
GALLONAGE
(gpd)
-4,750 (credit)
-1,048 (credit)
4,750
301
408
160
COMPLETION OF
BUILDING
CONNECTION
2010 - 2011
1,639
272
• 29
2,346
4,125
8,000
3,129
1,925
9,300 (sewer only)
8,000 (sewer only)
13,000 (water only) 2010 - 2011
MUSEUM PARK, ID# 20227
TYPE AND NUMBER OF UNITS (CONT)
GALLONAGE
(gpd)
COMPLETION OF
BUILDING
CONNECTION
Construct and connect a new Art Museum
containing:
38,341 sq-ft showroom -type space; 3,834
6,599 sq-ft office space; 660
1,000 sq-ft library (office -type use) 100
16,792 sq-ft storage space; 84
14,250 sq-ft retail store space (dry uses only); 712
119 seats full -service restaurant 5,950
1,161 seats movie, theater, auditorium; 3,483
100 students, 5 teachers school; 1,075
HVAC blowdown (sewer); 3,000 (sewer only)
HVAC make-up water. 26,400 (water only) 2010 2011
"C"2of2
MIAMI-DADE
IMPAI
MIAMI - DADE WATER AND SEWER DEPARTMENT
1490
235 245253
NE 1441 eT
1.370
1367 1
1300 1300
130?
NE 13TH ST '8
1232 12411
240
1230 5
1227
1200 F1;21.51215i 1220
; 1201 1200
395 EXPY
NE 11TH TER
1118 i 1100
:600
NE 11TH- ST
, 1 ,
1044 1040
10341037
11000 /,-;•.!
Ole'
I ' N t toTH st
950
900
NE9TH ST
164;
m
157
! 0.
166168
187;04
;720
5'916r9 225
'NE 7TH ST'
159 t656
824 I
728
1420
401
1410"
;• 1351
1301
1237324
444
1.1cYN\3
op,GP'
2110 PO4
;;Adil-
ye/ 1075/
N BAYSHORE DR
1451 !•41
Cl.
<
111
1361
425 I.
4 35
601
301
N1E 8TH ST
•
400
EXHIBIT "A" — 1
LOCATION SKETCH
SCALE: N.T.S
-THIS IS NOT:A S.DRVEY-
MIAMI ART MUSEUM, ID#20227
MIAMI-DADE COUNTY
01-4137-039-0010
31-53-42
,JULY 25. 2009
MUSEUM PARK, ID# 20227
COVENANT RUNNING WITH THE LAND
IN LIEU OF UNITY OF TITLE
KNOW ALL BY THESE PRESENTS that The City of Miami, a municipal
corporation of the State of Florida ("Owner"), hereby makes; declares and imposes
on the land herein described, these easements and covenants running with the title
to the land, which shall be binding on the Owner, all heirs, successors and assigns,
personal representatives, mortgagees, lessees, and against all persons claiming by,
through or under them;
WHEREAS, the Owner holds the fee simple title to the land in Miami -Dade
County, Florida ("County"), described in Exhibit "A," attached hereto and hereinafter
called the "Property;"
WHEREAS, the Owner may wish to convey or lease portions of the Property
from time to time, or may wish to develop the same in phases or stages, or may
wish to offer the units as condominiums and is executing this instrument to assure
the County that the development will not violate the Miami 21 zoning code of the
municipality wherein the Property is located when it is so developed;
WHEREAS, the Owner intends to develop the buildings on the Property for
sale to multiple owners or in a condominium or association or similar format of
ownership and/or in two or more phases;
WHEREAS, the Owner desires that it be allowed to operate and maintain a
private water system, a private sanitary sewer system and associated other
facilities, including water mains and lines and gravity sewer lines, from which the
Property shall be connected to the water and sanitary sewer system owned and
operated by the County; and in consideration of providing said services at a
substantial savings to the Owner by allowing new connection to private facilities
within the Property rather than requiring that the connections be made directly to
facilities of the County within dedicated rights -of -way or easements the Owner
agrees to restrict'.__na use of the Property as described herein; and
WHEREAS, the County wishes to ensure that a single entity shall be
responsible for operating and maintaining in good working order the private water
system, the private sanitary sewer system and other associated facilities serving the
Property.
NOW THEREFORE, in consideration of the premises, the Owner hereby
freely, voluntarily and without duress agrees as follows:
1
MUSEUM PARK, ID# 20227
1. This covenant ("Covenant") on the part of the Owner shall constitute a
covenant running with the land and will be recorded, at the Owner's expense, in the
public records of Miami -Dade County, Florida, and shall remain in full force and
effect and be binding upon the Owner's heirs, successors and assigns until such
time as the same is released in writing as hereinafter provided.
2. The Owner shall be responsible for operating . and maintaining the
private water and sanitary sewer system facilities serving the Property, including, but
not limited to all pipes and appurtenances until such time as the Owner has
established a master association, or similar entity or agency as determined by the
Owner ("Association") created for the entire Property which provides for the
operation and maintenance of the private water and sanitary sewer system, and the
Association assumes such responsibility, provided that the Owner may elect not to
establish an Association. At such time as the Association assumes such
responsibility, the Owner shall only be responsible for the obligation to maintain the
system to the extent the Association fails to perform such maintenance
responsibilities. This Covenant shall not preclude the Association from maintaining
other common areas of the development. This shall not preclude individual owners
or associations for each phase or stage from maintaining their own buildings or
other own common areas so long as said owners or associations, or members
thereof, are members of the Association and each such owner or association, or
members thereof, are required hereby to be members of the Association.
3. The Owner shall obtain from all governmental agencies the necessary
permits and approvals for construction of the private water and sanitary sewage
system to be installed on the Property. After a permit has been issued, the Owner
will cause to be constructed or installed a private water and sanitary sewage system
on the Property which shall at all times remain the sole, complete and exclusive
property of the Owner, and under the control and operation of the Owner, its
successors and/or assigns, until such time as the Association has been established
and the system has been conveyed to the Association. The Owner and/or
Association shall have the authority to impose assessments against properties
within the Property for the operation and maintenance of the private water and
sanitary sewer system, and to impose liens on properties within the Property failing
to make timely payments of required assessments.
4. The Owner or Assoca�on, as applicable, shall be solely responsible for
operating and maintaining all portions of the private water and sanitary sewer
system serving the Property in an efficient manner and in complete compatibility
with the County's system. The Owner or Association, as applicable, shall make, at
its sole expense, any reasonable changes or additions to keep the private system
compatible with the County's system. The Owner or Association, as applicable, shall
prevent said private water and sanitary sewage system from being a nuisance or
detrimental to public health or safety. The Owner or Association, as applicable, shall
ensure that all necessary permits for said system are obtained, and for ensuring that
the requirements of such permits are at all times complied with. Nothing contained
herein shall be construed as waiving the requirement that the Owner or Association,
as applicable, complies with any provision of the Codes of Miami -Dade County, or of
the City of Miami, or waiving any such provision with respect to the development.
-2-
MUSEUM PARK, ID# 20227
5. In the event multiple ownerships are created subsequent to the
recording of this Covenant, each of the subsequent owners, mortgagees, heirs,
successors, assigns and other parties in interest of the Property shall be bound by
the terms, provisions and conditions of this Covenant.
6. Where necessary, and to the extent necessary, the Owner hereby
reserves easements and hereby grants reciprocal cross -easements to the owners or
associations of each phase or stage of development, in and over the Property for
utilities, water and sewer lines so that the integrity of the development shall be
maintained. The Association shall be allowed use of these easements to maintain
the private water and sanitary sewer system.
7. As further part of this. Covenant, it is hereby understood and agreed
that any official inspector of Miami -Dade County, or its agents duly authorized, may
have the privilege at any time during normal working hours of entering and
investigating the use of the premises to determine whether or not the requirements
of the applicable building and zoning regulations, the environmental and resource
management requirements, and the conditions herein agreed to are being complied
with.
8. The provisions of this Covenant shall become effective upon their
recordation in the public records of Miami -Dade County, Florida, and shall continue
in full force and effect for a period of thirty (30) years after the date of such
recordation, after which time they shall be extended automatically for successive
periods of ten (10) years each, unless released in writing by the Director of the
Miami -Dade Water and Sewer Department, or his successor.
9. The provisions of this Covenant may be released, amended, or
modified from time to time by recorded instrument by the then Owner or Owners of
all of the Property, with joinders by all mortgagees, if any, (or if any portion of the
Property has been submitted to. the condominium form of ownership, then by the
association established to operate the condominium in lieu of all of the owners
thereof and in lieu of the joinder of any mortgagee(s) if there are any mortgages on
the Property) provided that the same is also approved in writing by the Director of
the Miami -Dade County Water and Sewer Department, or his successor. Should this
Covenant be so released, amended or modified, the. Director of the Miami -Dade
'county Water and Sewer Department, or his succ sor, shall forthwith execute a
written instrument effectuating and acknowledging such modification, amendment or
release.
10. The Owner further agrees that the conditions, restrictions, and
limitations herein shall be deemed covenants running with the land and shall remain
in full force and effect and be binding upon the undersigned, its successors and
assigns, until such time as the same may be released in writing by the Director of
the Miami -Dade Water and Sewer Department, provided, however, that said release
shall only be executed when additional water and sewer facilities within dedicated
rights -of -way or easements have been properly constructed at no cost to the
County, so that all portions of the Property can be served from adjacent and abutting
water and sewer facilities of the County.
- 3 -
MUSEUM PARK, ID# 20227
11. Enforcement shall be by action against any parties or persons violating
or attempting to violate any of these covenants. This enforcement provision is in
addition to any other remedy at law, in equity or both,
12. Invalidation of any one of these covenants, by judgment of Court, shall
not affect any of the other provisions, which shall remain in full force and effect.
13. All rights, remedies and privileges granted herein shall be deemed to
be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the
same from exercising such other additional rights, remedies or privileges.
14. In the event of a violation of this Covenant, in addition to any other
remedies available, Miami -Dade County is hereby authorized to withhold any future
permits, and refuse to make any inspections or grant any approval, until such time
as this Covenant is complied with.
15. The Owner does hereby fully warrant that it has good title to the
Property and that it has full power and authority to execute this Covenant.
16. Nothing herein shall preclude the County from requiring additional
covenants on the Property, and any such additional covenants, whether entered into
prior to or subsequent to the effective date of this instrument shall remain in full
force and effect.
This instrument prepared by:
Michael Suchogorski
New Business Supervisor
New Business Section
Miami -Dade Water and Sewer Department
3575 South LeJeune Road
Miami, Florida 33133
-4-
1
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.
CITY OF MIAMI, A MUNICIPAL
ATTEST: CORPORATION OF THE STATE OF
FLORIDA
By: (SEAL) By: (SEAL)
Priscilla A. Thompson, City Clerk Carlos A. Migoya, City Manager
(Affix City Seal)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this
day of , 2010, by Carlos A. Migoya, 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 Serial Number
print name
Pursuant to City Resolution No. , adopted
2010.
Approved as to Insurance Requirements: Approved as to Legal Form and Correctness:
By: By:
Gary Reshefsky, Risk Management Director Julie O. Bru, City Attorney
Approved for Legal Sufficiency:
Assistant County Attorney
5
Michael Suchogorski, New Business Supervisor
For: John W. Renfrow, P.E., Director
. Miami -Dade Water and Sewer Department
EXHIBIT "A" OF
COVENANT RUNNING WITH THE LAND
IN LIEU OF UNITY OF TITLE
BY
CITY OF MIAMI
TO
MIAMI-DADE COUNTY
LEGAL DESCRIPTION
TRACT "A", OF "NEW WORLD CENTER BICENTENNIAL PARK",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 140,
AT PAGE 50, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA. LYING IN A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH,
RANGE 42 EAST; AND IN A PORTION OF "JAMES HAGAN DONATION",
ALSO KNOWN AS SECTION 37, TOWNSHIP 53 SOUTH AND 54 SOUTH,
RANGE 41 EAST AND 42 EAST, MIAMI-DADE COUNTY, FLORIDA.
AND
COMMENCE AT THE NORTHWEST CORNER OF THE F.E.C. RR. CO. TRACT
AS SHOWN ON THE MUNICIPAL ATLAS OF THE CITY OF MIAMI, SHEET
NO. 23-AN; THENCE N87°46'43"E ALONG THE NORTH LINE OF SAID F.E.C.
RR. CO. TRACT FOR 117 FEET; THENCE NO2°11'22"W FOR 179.95 FEET TO
THE POINT OF_ BEGINNING OF THE HEREON DESCRIBED PARCEL OF
LAND; THENCE RUN NO2 °11'22"W FOR 205 FEET; THENCE RUN
N87°46'59"E FOR 150 FEET; THENCE RUN S02°11'22"E FOR 205 FEET;
THENCE RUN S87°46'59"W FOR 150 FEET TO THE POINT OF BEGINNING.
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