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Home My WebLink AboutCRA-R-11-0063 11-28-11 BackupMITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. POPOK, P.A. JOSEPH H, SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSHUA D. KRUT MATTHEW H. MANDEL ALEXANDER L. PALENZUELA-MAURI ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN LAURA K. WENDELL WEISS SEHOTA HELFMAN PASTOR.IZA COLE & BONISKE, P.L. ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS VIA HAND DELIVERY MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-B54-0B00 FACSIMILE 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEP HONE 954-763-4242 • FACSIMILE 954-764-7770 Mr. Pieter Bockweg Executive Director OMNI Community Redevelopment Agency 49 NW 5 Street, Suite 100 Miami, Florida 3312.8 *OF COUNSEL October 7, 2011 Re: CRA Grant Application; Braman Auto, Inc., d/b/a Braman Kia Dear Mr. Bockweg: LILLIAN M. ARANGO . SARA E. AULISIO BROOKE P. DOLARA RAQUEL ELEJABARRIETA CHAD S. FRIEDMAN OLIVER GILBERT* ERIC P. HOCKMAN HARLENE SILVERN KENNEDY* KAREN LIEBERMAN* JOHANNA M. LUNDGREN ALEIDA MARTINEZ MOLINA* KATHRYN M. MEHAFFEY MATTHEW PEARL TIMOTHY M. RAVICH* AMY J. SANTIAGO DANIEL A. SEIGEL GAIL D. SEROTA* JONATHAN C. SHAMRES ESTRELLITA 5. SIBILA ALISON F. SMITH ANTHONY C. SOROKA EDUARDO M. SOTO JOANNA G. THOMSON MICHELLE D. VOS PETER D. WALDMAN* JAMES E. WHITE SAMUEL I. ZESKIND On behalf of Braman Auto, Inc. d/b/a Braman Kia, enclosed please find our request for CRA Grant funding in the amount of $150,358.60 for capital improvements in connection with the development of the property located at 1930 NE 2 Avenue (the "Property"), home to the new Braman Kia showroom. The capital improvements include connecting and installing a twelve (12) inch water main southerly in NE 2 Avenue to NE 19 Terrace, thence westerly in NE 19 Terrace and interconnecting to an existing eight (8) inch water main in NE 19 Terrace. The improvements are further described in the enclosed Water and Sewer Agreement for Braman Kia Showroom, ID# 20843 and in our exhibit package. Our exhibit package includes the following information for your review and consideration: Exhibit "A" Entity Documents • CRA Grant Application • Memorandum from Mr. Stanley J. Krieger, Secretary of Braman Auto, Inc. • Braman Kia Property Information including area map, evidence of paid taxes, evidence of no City liens, and copy of deed evidencing title; Exhibit "B" Project Proposal & Financials • Braman Kia Business Plan; • Curriculum Vitae of Mr. Norman Braman and Mr. Stanley J. Krieger; Mr. Pieter Bockweg October 6, 2011 Page 2 • Cost proposal from RAM -Tech Construction; • Kia Dealer Sales And Service Agreement including dealer financial statement and Kia Motors America, Inc. Net Working Capital Agreement; Exhibit "C" Licenses, Certifications, Permits, etc. • State and local regulatory licenses; Exhibit "D" Project Plans, Reports, Studies, Renderings and Images • City of Miami Building Permit Records and accompanying CD with building permit plans for Permit #11-5011208; • Water and Sewer Agreement for Braman Kia Showroom, ID# 20843; • Photographs of Braman Kia temporary and permanent facility; and • Braman Real Estate Taxes Paid for Downtown Properties 2005-2010 As you are aware, Braman is a long-time property owner within the OMNI Community Redevelopment Agency area and has taken great pride in calling the City of Miami home to its BMW, Cadillac, Mini Cooper, and Bentley dealerships. Over the past five years alone, Braman has paid over 5.6 Million in real estate property taxes and continues to grow the tax base of the City of Miami with its two newest showroom facilities: Braman Kia and Braman Hyundai, both of which are currently operating in temporary facilities while the construction for the permanent facilities are underway. It is important to note that the OMNI Community Redevelopment Agency of the City of Miami had previously entered into a Water & Sewer Agreement (ID# 20480) with Miami -Dade County to install twelve (12) inch water mains in NE 2 Avenue and in NE 19 Terrace, and a sixteen (16) inch main in NE 20 Street abutting the Property. To date, the CRA has not made such improvements pursuant to the agreement. Based on the foregoing, we are seeking approval of this CRA Grant funding request in the amount of $150,358.60 to cover the costs of the capital improvements that would have otherwise been constructed by the CRA pursuant to the existing a Water & Sewer Agreement (ID# 20480) with Miami -Dade County. Should you have any questions or require additional documentation in furtherance of this request, please contact me at your earliest convenience. ESS/ms Enclosures 017021 cc: Norman Braman Stanley Krieger Stephen J. Helfman ly yours, tre lita S. Sibila WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. 15802 SW 200 Street Miami, Florida 33187 305-259-7853 Fax 259-7856 PROPOSAL SUBMITTED TO: Coastal Construction PHONE DATE 305-559-4900 09/27/11 STREET 5959 Blue Lagoon Drive JOB NAME Braman KIA CITY, STATE AND ZIP CODE Miami Fl JOB LOCATION 2060 Biscayne Blvd Miami F133137 ATTENTION Luis Hidalgo FAX: We hereby submit specifications and estimates for The following proposal is for the Civil Work Described in the plans and dab Dated CES - Consulting Engineering and Science Sheets C-1 C-2 C-3 C-4 C-5 C-6 C-7 3/1/2011 BC Architects Sheets C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 OFF.SITE WORK Description GENERAL CONDITIONS MOT (Installation Only) Survey PAVEMENT Mill and Resurface 1" 4" Concrete Sidewalk 6" Concrete Sidewalk Concrete Curbs "F' Concrete Valley Gutter ADA Handicap Ramps STRIPING AND SIGNAGE As per plans WATER UTILITY WORK Remove Existing 12" Plug and Install 12" Gate Valve w/ 12" 45° Bends 1 ea $2,500.00 12" DIP Water Line 530 If $30,000.00 12" x 4" Tee w/ 12" Gate Valve 2 ea $7,500.00 12" Plug w/ 2" Flushing Valve 1 ea $1,000.00 Connect Existing Fire Hydrant to Proposed 12" WM 1 ea $2,000.00 12" x 6" Tee w/ 6" Gate Valve 1 ea $2,000.00 Reverse Tap - 6" x 6" Tapping Sleeve w/ 6" Tapping Valve 2 ea $16,000.00 6" 45 Degree Bends 2 ea $2,000.00 6" DIP Pipe 20 If $1,200.00 4" x 4" TS w/ 4" Tapping Valve 1 ea $6,000.00 12" x 4" Tee 1 ea $1,500.00 2" Corp. Stop 1 ea $1,500.00 6" 90 Degree Bends 2 ea $1,000.00 Deflect Pipe - Utility Conflict 2 ea $7,000.00 Conveyance Package 1 Is $1,000.00 1 1 1,280 8,275 900 830 100 5 1 COST $10,000.00 Is Is $50,000.00 sy sf sf If If ea $2,500.00 Is $82,200.00 $7,500.00 $2,500.00 $15,000.00 $20,000.00 $3,000.00 $9,500.00 $1,000.00 $1,500.00 $2,500.00 SEWER UTILITY WORK ON SITE Remove Existing Wye and Install Proposed 8"x6" Wye 1 DRAINAGE Clean and Adjust Existing Curb Inlets 2 $2,000.00 ea $1,000.00 ea $2,000.00 $1,000.00 PERMIT & INSPECTIONS Permit Fees Inspections (Density Testing/Pressure Test etc.) Performance Bond 1 $0.00 BY OTHERS BY OTHERS $2,658.60 1 Project Total $150,358.60 Notes: Restoration of Roadway is assumed to be 5' on the outer sides of excavation. Pricing based on one mobilization. Additional mobilizations $2,500.00 each. Asphalt is based on two mobilizations. Additional mobilizations is $4000/mobilization. Pricing based on no demucking and no geotechnical work. RAM -TECH is not liable nor responsible for any hazardous, toxic, or contaminated waste existing on -site. RAM -TECH to be supplied with horizontal and vertical control, and an AutoCAD disc for survey and as -built work. All Costs Permit, is Budgeted. Any Cost paid by RAM -TECH will be reimburse. Performance Bond not included. Ram -Tech costs is based on working 5 days a week. Should we fall behind schedule, we will work to meet the schedule. We propose hereby to furnish material and labor - complete in accordance with above specifications for the sum of: One Hundred Fifty Thousand Three Hundred Fifty Eight Dollars and Sixty Cents Payment to be made as follows: All material Is guaranteed to be specified. All work to be completed In a work -manlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost wit be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: $150,358.60 Authorized Signature: Note: This proposal may be withdrawn by us if not accepted within 30 days. Signature Title BRAMAN KIA SHOWROOM, ID# 20843 CFN: 20110274831 BOOK 27868 PAGE 3933 DATE:04/27/2011 04:10:08 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES BETWEEN MIAMI-DADE COUNTY AND BRAMAN-LEIBOWITZ ASSOCIATES This instrument prepared by: Michael Suchogorski New Business Supervisor New Business Section Miami -Dade Water and Sewer Department 3575 S, LeJeune Road Miami, Florida 33146-2221 BRAMAN KIA SHOWROOM, ID# 20843 THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, this (P‘ day of y , 2011 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 Braman -Leibowitz Associates, a Florida general partnership, hereinafter designated as the "DEVELOPER", whose mailing address is: 2060 Biscayne Boulevard, 2"d Floor, Miami Florida 33137. W1TNESSETH: WHEREAS, the DEVELOPER desires water and sewer service to be rendered to property owned 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. 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 27 BRAMAN KIA SHOWROOM, ID# 20843 1. DEVELOPER'S PROPERTY. The DEVELOPER 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 "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 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 Page 3 of 27 BRAMAN KLA SHOWROOM, 1D# 20843 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 shalt 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 that water or sewer service is provided directly by the COUNTY, the DEVELOPER 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 Page 4 of 27 BRAMAN KIA SHOWROOM) ID# 20843 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, and as revised by the COUNTY from time to time, multiplied by the applicable rates established by the COUNTY. The DEVELOPER intends to demolish, or has completed demolition of, one (1) single-family residence under 3,001 square feet and twenty-three thousand five hundred fifteen (23,515) square feet of motor vehicle service space representing an average daily gallonage credit of two thousand five hundred seventy-two (2,572) gallons, and intends to construct and connect eight thousand three hundred fifty-six (8,356) square feet of retail car sales space representing a total average daily gallonage of eight hundred thirty-six (836) gallons. Therefore, there is no increase in the agreed average daily gallonage within the DEVELOPER'S property, and therefore no water and sewer connection charges due. 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 and as revised by the COUNTY from time to time. 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 by the DEPARTMENT, the DEVELOPER shall provide the COUNTY a list of all tenants and building units and/or Page 5 of 27 BRAMAN KiA SHOWROOM, ID# 20843 use prior to the installation of any water meters and/or rendition of sewer service by the COUNTY for the DEVELOPER'S property. 6. POINTS OF CONNECTION. The COUNTY owns and operates a sixteen (16) inch water main located in N.E. 2 Avenue at N.E. 20 Terrace, to which the DEVELOPER shall connect and install a twelve inch (12) inch water main southerly in N.E. 2 Avenue to N.E. 19 Terrace, thence westerly in N.E. 19 Terrace, interconnecting to an existing eight (8) inch water main in N.E. 19 Terrace, and provide a separate abutting water connection to each building within the DEVELOPER'S property. In the event the Fire Department requires a fire hydrant installation in N.E. 20 Street such that a water main extension is required to serve said fire hydrant, the DEVELOPER shall also connect to an existing sixteen (16) inch water main located in N.E. 20 Street west of N.E. 2 Avenue and install a sixteen (16) inch water main westerly in N.E. 20 Street as required to provide service to said fire hydrant. Any public water main extension within the DEVELOPER'S property shall be twelve (12) inches in diameter. If two (2) or more fire hydrants are to be connected to a public water main extension within the property, then the water system shall be looped with two (2) points of connection. The COUNTY also owns and operates eight (8) inch gravity sewer mains located in N.E. 19 Terrace and in N.E 2. Avenue abutting the DEVELOPER'S property, to either of which the DEVELOPER shall connect, provided that there is sufficient depth and that there are no obstacles that would preclude construction of the sewer facilities. Other points of connection may be established subject to approval of the DEPARTMENT. Page 6 of 27 BRAMAN KIA SHOWROOM, ID# 20843 7. PREVIOUS AGREEMENT. The COUNTY has an agreement IN 20480 (Other Agreement) with the Omni Redevelopment District Community Redevelopment Agency of the City of Miami (the "CRA") for water main improvements within certain public rights -of -way in the vicinity of the DEVELOPER'S property. Said Other Agreement includes the installation by the CRA of twelve (12) inch water mains in N.E. 2 Avenue and in N.E. 19 Terrace, and a sixteen (16) inch water main in N.E. 20 Street, abutting the DEVELOPER'S property. It is acknowledged by the DEVELOPER that these water facilities are necessary to provide water to the DEVELOPER'S property. However, there is no assurance as to whether or not the CRA will actually construct said water facilities. If said water facilities are installed by the CRA, the DEVELOPER shall not be required to install the water facilities in N.E. 2 Avenue nor in N.E. 20 Street as specified in paragraph six (6) herein, but instead the DEVELOPER shall pay water main construction connection charges in the amount of thirty dollars ($30.00) multiplied by the front foot length of the portion of the DEVELOPER'S property abutting said water mains as measured along the route of the main, plus per annum simple interest at the rate authorized by Section 687.01, Florida Statutes, from the date of the bill of sale of said water facilities to the date of payment by the DEVELOPER. This construction connection charge and interest shall be paid to the COUNTY by the DEVELOPER prior to the installation of any domestic water meters for the DEVELOPER'S property. If said facilities are not installed by the CRA, the DEVELOPER shall install said water facilities as specified in paragraph six (6) herein, and not be required to pay said construction connection charge. The COUNTY shall not render service to the DEVELOPER'S property until all such facilities have been constructed, conveyed to the COUNTY, and placed into legal service, and the construction, conveyance, Page 7 of 27 BRAMAN KJA SHOWROOM, ID# 20843 and placing into service of said facilities shall constitute a condition precedent to any obligation on the part of the COUNTY to provide service to the DEVELOPER. The DEVELOPER understands that the COUNTY cannot and does not represent, warrant, or guarantee that said facilities will be completed, conveyed, or placed into service by the CRA by any particular date, and further understands that the COUNTY shall be under no obligation to require said facilities be constructed by any particular date, nor shall the COUNTY be obligated to take or omit any action such that said facilities will be completed by any particular date. 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, 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 Page 8 of 27 BRAMAN KIA SHOWROOM, Ia# 20843 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 DEVELOPER of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the 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 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 with respect to project related matters upon twenty-four (24) hours notice. 12. SUBCONTRACTORS 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 Page 9 of 27 BRAMAN K1A SHOWROOM, ID# 20843 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 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 PERMITTEE. Certain federal, state and county agencies, including but not limited to the State of Florida Department of Transportation, the South Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though the DEVELOPER or the DEVELOPER'S contractor will Page 10 of 27 BRAMAN KIA SHOWROOM, ID# 20843 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 DEVELOPER 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 DEVELOPER 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 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. 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. Page 11 of 27 BRAMAN KIA SHOWROOM, ID# 20843 18. WATER MAIN OVERSIZING CREDITS. In order to comply with the COUNTY'S Public Works Manual and with the DEPARTMENT'S master plans, policies and regulations, in the event the Fire Department requires a fire hydrant installation in N.E. 20 Street such that a water main extension is required to serve said fire hydrant, as explained in paragraph six (6) herein above, the COUNTY shall require that the DEVELOPER install: a) A sixteen (16) inch water main in N.E. 20 Street Therefore, in that event the COUNTY shall allow the following oversizing credit for the difference between the standard water main necessary to adequately serve the DEVELOPER'S property and the water main required by the COUNTY. Item Necessary Standard) Required Estimated Length / Qty Credit per FT / Qty Estimated Credit a) 12 inches 16 inches 144 feet $6.00 $ 864.00 Total estimated oversizing credit: $864.00 Both parties agree that the oversizing credits shall be calculated based on the actual quantities of oversized facilities installed by the DEVELOPER, if any, as specified in the bill of materials and as -built drawings submitted by the DEVELOPER at time of conveyance and approved by the COUNTY. It is further agreed that the DEPARTMENT shall retain payment of construction connection charges payable to the DEVELOPER for all oversized water mains until such a time that the amounts retained equal the amount of the oversizing credit paid to the DEVELOPER. The COUNTY shall pay this credit to the DEVELOPER within one hundred eighty (180) days after completion, proper conveyance to the COUNTY and placement into service of the oversized water facilities. Page 12 of 27 BRAMAN KIA SHOWROOM, ID# 20843 19. WATER MAIN CONSTRUCTION CONNECTION CHARGE. The DEVELOPER shall pay a water main construction connection charge equal to thirty dollars ($30.00) per front foot of its property, which directly abuts a sixteen (16) inch water main in N.E. 20 Street installed by other parties (ID# 19769 ). The length of front footage abutting the water main is hereby agreed to be two hundred thirty-six (236) feet resulting in a construction connection charge in the amount of seven thousand eighty dollars ($7,080.00). Per annum simple interest as established and authorized by Section 687.01, Florida Statutes will accrue on the construction connection charge from August 21, 2009 to the date of payment by the DEVELOPER. The interest rate used shall be the rate established by Section 687.01, Florida Statutes at the time of payment by the DEVELOPER. The DEPARTMENT shall not, under any circumstances, render water and/or sewer service to the DEVELOPER'S property until such time as the construction connection charge and interest specified herein have been paid in full. 20. TREATMENT AND TRANSMISSION CAPACITY. In addition to the covenants and conditions set forth herein, water and sewer service to be rendered by the COUNTY is subject to the following: a. issuance of a valid operation permit by the State of Florida for the COUNTY'S sewage treatment facility serving the 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. Page 13 of 27 BRAMAN KIA SHOWROOM, ID# 20843 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. 21. ALLOCATION OF CAPACITY. The COUNTY agrees to include the aforesaid allocation in its regional water supply, production and transmission facilities and regional sanitary sewer system, once the 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 Page 14 of 27 BRAMAN KIA SHOWROOM, ID# 20843 costs, claims or losses incurred by the DEVELOPER as a result of actions by regulatory bodies, which are related to capacity allocation. 22. FACILITIES EASEMENTS. If the facilities contemplated herein or any portion thereof are installed within private property outside of public right-of-way, the facilities shall be installed in the center of a twelve (12) foot wide easement for water facilities and fifteen (15) foot wide easement for sewer facilities. Both require a twenty-five (25) foot minimum vertical clearance above the finished grade. The DEPARTMENT shall have twenty-four (24) hour access to the easement for emergency purposes. If the facilities are not located in platted easements, then easements shall be granted to the COUNTY by the 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, and the DEVELOPER shall remove same, at the DEVELOPER'S cost, at the 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 its 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. Page 16 of 27 BRAMAN KIA SHOWROOM, ID# 20843 23. CONNECTION/FRONTAGE BY OTHERS. Parties other than the DEVELOPER who own property, other than the DEVELOPER'S property, which has frontage to any water main installed pursuant to this Agreement, may apply to the COUNTY for connections to said water main. If said parties actually connect and/or abut said facilities, the COUNTY will impose a construction connection charge equal to thirty dollars ($30.00) for the twelve (12) and/or sixteen (16) inch water main, multiplied by the front foot length of the connecting/abutting property which fronts and/or abuts the water main, as measured along the route of the main. The COUNTY will also impose construction connection charges on such other parties if said water main is required, in accordance with guidelines and criteria established by the DEPARTMENT, in order to provide adequate service for the fronting/abutting property. Said construction connection charges will not be required or collected from other parties for single-family residences occupied or under construction prior to the date of this Agreement. It is further agreed that the DEPARTMENT shall retain payment of construction connection charges payable to the DEVELOPER for all oversized water mains until such a time that the amounts retained equal the amount of the oversizing credit paid to the DEVELOPER. Thenceforth, the COUNTY shall repay said construction connection charges to the DEVELOPER within one hundred eighty (180) days of receipt of same. However, the COUNTY'S liability for repayment to the DEVELOPER shall be limited to those amounts actually collected from others. This provision shall remain in effect for a period of twelve (12) years from the date of the Absolute Bill of Sale for the water main facilities constructed by the DEVELOPER. Per annum simple interest as established and authorized by Section 687.01, Florida Statutes will accrue on all construction connection charges from the date of the Absolute Page 16 of 27 BRAMAN KIA SHOWROOM, ID# 20843 Bill of Sale for the water main facilities constructed by the DEVELOPER to the date of payment by the connecting/abutting party. The interest rate used shall be the rate established by Section 687.01, Florida Statutes at the time of payment by the connecting/abutting party. It shall be the DEVELOPER'S responsibility to provide the COUNTY with current mailing addresses during the twelve (12) year period. In accordance with the DEPARTMENT'S "Schedule of Water and Wastewater Fees and Charges" the DEPARTMENT shall retain a "Developer Repayment Fee" currently in the amount of 2.5% of the gross repayment amount established herein. This fee is subject to revision by the Board of County Commissioners at any time. The fee percentage used will be the current rate at the time of the payment. 24. CONVEYANCE OF TITLE. Conveyance of all easements shall be by separate instruments in recordable form as approved by the COUNTY and shall be accompanied by a written opinion of title by an attorney licensed to practice law in the State of Florida, which states that the 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 herein. Failure of the DEVELOPER to provide proper conveyances shall be cause for the COUNTY to refuse to render service to the DEVELOPER'S property. Page 17 of 27 BRAMAN KIA SHOWROOM, Ip# 20843 25. DRAWINGS AND CONVEYANCE DOCUMENTS, Following completion of the water and/or sewer facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents, which may include bills of sale, releases of lien, grants of easement, for execution by the DEVELOPER. 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 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. 26. 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 Page 18 of 27 BRAMAH KlA SHOWROOM, ID# 20843 DEVELOPER shall deliver to the COUNTY an executed maintenance bond or alternate security deposit acceptable to the DEPARTMENT, which guarantees the warranty. If it becomes necessary to repair and/or replace any of the facilities during the initial one (1) year period, then the warranty as to those items repaired and/or replaced shall continue to remain in effect for an additional period of one (1) year from the date of final acceptance by the COUNTY of those repairs and/or replacement. The bond shall be in the amount equal to the sum of those portions of the actual cost of construction of said facilities as follows: Types of Facilities Water mains Gravity sewers Percentage of Actual Construction Cost 25 50 The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY and which is authorized to write bonds of such character and amount under the laws of the State of Florida. A surety company must have a Best's Key Rating 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 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 Page 19of27 BRAMAN KIA SHOWROOM, ID# 20843 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 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. 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. 27. 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 Page 20 of 27 BRAMAN KIA SHOWROOM, ID# 20843 permitting. 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. 28. INDEMNIFICATION CLAUSE. The DEVELOPER 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 DEVELOPER or its employees, agents, servants, partners, principals, contractors and/or subcontractors. The DEVELOPER shall pay ali claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The DEVELOPER expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the DEVELOPER 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. Page 21 of 27 BRAMAN KIA SHOWROOM, ID# 20843 29. FORCE MAJEURE. Should either party be prevented from performing any obligations herein, including but not limited to water and/or sewer service, due to or resulting from a force majeure or inevitable accident or occurrence, such party shall be excused from performance. As used herein, force majeure shall mean an act of God which includes but is not limited to sudden, unexpected or extraordinary forces of nature such as floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by either party and shall include but not be limited to strikes, lockouts, other industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots, federal, state, county and local governmental restraints and restrictions, military action, civil disturbances, explosions, conditions in federal, state, county and local permits, bid protests, manufacturing and delivery delays, unknown or unanticipated soil, water or ground conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 30. SERVICE CHARGES. The 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 payment of said charges is properly transferred in accordance with the COUNTY'S regulations. Page 22 of 27 BRAMAN KIA SHOWROOM, ID# 20843 31. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full use of the water and/or sewer facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 32. OPINION OF TITLE. With the execution of this Agreement, the 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. 33. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests must be performed. It is the responsibility of the 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 accepted title to the facilities. If the COUNTY is required to execute such documents, the DEVELOPER agrees to indemnify and hold the COUNTY harmless 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 Page 23 of 27 BRAMAN KIA SHOWROOM, ID# 20843 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. 34. 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 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 the residents of Miami -Dade County. Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the DEVELOPER'S 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. Page 24 of 27 BRAMAN KIA SHOWROOM, ID# 20843 35. 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. 36. NOTICE. All notices given pursuant to this Agreement shall be mailed by United States Postal Service registered or certified mail to the parties at the addresses specified on page two (2) of this Agreement or addresses otherwise properly furnished. 37. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records of Miami -Dade County, Florida, for the particular purpose of placing all owners and occupants, their successors and assigns, upon notice of the provisions herein contained. The DEVELOPER shall pay all recording fees. 38. FLORIDA LAW. This Agreement shall be interpreted under Florida law. Venue for any litigation relating to this Agreement shall be had in Miami -Dade County, Florida. 39. SEVERABILITY. If any section, subsection, sentence, clause or provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected by such invalidity. Page 25 of 27 BRAMAN KIA SHOWROOM, ID# 20843 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. MIAM1-DADE COUNTY By: -_ ` �.. Zaba S. aStro, Es •., New B ness Manager Fo Jo . . . Renfr , P.E., Director Miami -Dade Water and epartment print name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instr ent was acknowledged before me this day of ff/Cd , 2011, by Zaba S. Castro, Esq., New Business Manager, 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. 11'46„ DENISE CHUNG Notiry Pu6Ac - Stnte of Florida • My Comm. EMpkoo Aup 12. 2014 Commi,Ilon * EE 18942 �t� Bondi bra* Monti Notary Awn. Serial Number Page 26 of 27 A `4 BRAMAN KIA SHOWROOM, [D# 20843 WITNESSETH: ture print name Lt--0 t-de, signature l-ereSc, E cca..1cdc. print name STATE OF FLORIDA COUNTY OF MIAMI-DADE BRAMAN-LEIBOWITZ ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP By: oil signature of general partner Norman Braman print name The foregoing instrument was acknowledged before me this 21st day of March ,2011, by Norman Braman , Who is ersonally known f Pn-Qr and has/has not produced as a(26)-- ?2, e �44111pin1«ao Dp--)5 ! 1 Itr identification and did/did not take an oath. Notary Public print name Serial Number Approved for Legal Sufficiency: SaAeLL. t) �.'bC..`LJt istant County Attorney Page 27 of 27 BRAMAN KIA SHOWROOM, ID# 20843 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND BRAMAN-LEIBOWITZ ASSOCIATES LEGAL DESCRIPTION LOTS 1, 2 AND 3, NO BLOCK, NILES COURT RESUB ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 32 AT PAGE 36 OF THE PUBLIC RECORDS OF MIA.UI-DADE COUNTY, FLORIDA, AND THE SOUTH 55 FEET OF THE EAST 50 FEET OF THE WEST 100 FEET OF LOT 12, BLOCK 1, SAN JOSS SUBDIVISION AS RECORDED IN PLAT BOOK 3 A T PAGE 158 OF 77-IE PUBLIC RECORDS OF MJAMI-DAOE COUNTY, FLORIDA, LESS THE SOUTH 5 FEET THEREOF, AND THE WEST 50 FEET OF LOT 12, BLOCK 1, LESS THE SOUTH 5 FEET OF THE EAST LO5 FEET AND THE NORTH 5 FEET OF _SAN JOSE SUR WSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLA T BOOK 3 AT PAGE 158 OF THE PUBLIC RECORDS OF M1AMI-DADE COUNTY, FLORIDA, AND THE WEST 125 FEET OF THE EAST 145 FEET OF LOT 12, BLOCK 1, LESS THE SOUTH 5 FEET AND 7}1£ NORTH 5 FEET THEREOF IN SAN JOSE SUBDIVISION, PLAT BOOK 3 AT PAGE 158, OF THE PUBLIC RECORDS OF MIAMJ-DADE COUNTY, FLORIDA. AND EAST 50 FEET OF THE WEST 100 FEET OF LOT 12, BLOCK 1, OF SAN JOSE SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 158, OF THE PUBLIC RECORDS OF MAW-DADE COUNTY, FLORIDA; LESS THE SOUTH 55 FEET AND NORTH 5 FEET NOTE: IT IS THE OPINION OF B!SCAYNE ENGINEERING COMPANY, INC. THAT THE UNDERLINED CAP710N OF THE LEGAL DESCR!PT7ON PROVIDED SHOULD READ AS FOLLOW: "LESS THE SOUTH 5 FEET AND THE NORTH 5 FEET THEREOF IN SAN JOSE SUBDIVISION" "A" 1 of 1 MIAMI - DADE WATER AND SEWER DEPARTMENT EXHIBIT"A" - 1 LOCATION SKETCH SCALE: N.T.S -THIS IS NOT A SURVEY- BRAMAN KIA SHOWROOM AGMT # 20843 FOLIO# 01-3136-002-0140,0170, 01-3136.001.0010 MIAM1-DADE COUNTY SEC 36-53-41 FEBRUARY 17, 2011 BRAMAN KIA SHOWROOM, ID# 20843 EXHIBIT "B" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND BRAMAN-LEIBOWITZ ASSOCIATES SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY TYPES OF LAND USES GALLONS PER DAY (GPD) RESIDENTIAL LAND USES Single Family Residence 220 gpd/unit (under 3001 sq. ft) 320 gpolunit (3001-5000 sq. ft.) 550 gpolunit (over 5,000 sq. ft.) Townhouse Residence 180 gpolunit Apartment 150 gpd/unit Mobile Home Residence/Park 180 gpolunit Duplex or Twin Home Residence 180 gpd/unit COMMERCIAL LAND USES Barber Shop 15 gpd/100 sq, ft. Beauty Shop 25 gpd/1 00 sq. ft. Bowling Ailey 100 gpd/lane Dentist's Office 20 gpd/100 sq. ft. Physician's Office 20 gpd/100 sq. ft. Bar and Cocktail Lounge 20 gpd/100 sq. ft. Restaurant a) Full Service 100 gpd/100 sq. ft. b) Fast -Food 50 gpd/100 sq. ft. c) Take -Out 100 gpd/100 sq. ft. Hotel or Motel 100 gpd/room Office Building (County) 5 gpd/100 sq. ft. Office Building (Other) 5 gpd/100 sq. ft. Motor Vehicle Service Station 10 gpd/100 sq. ft. Shopping Center/Mall a) Retail/Store 10 gpd/100 sq. ft. Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc, 3 gpd/seat Retail/Store 10 gpd/100 sq. ft. Theater a) Indoor Auditorium 3 gpolseat b) Outdoor Drive-in 5 gpd/space Camper or R.V. Trailer Park 150 gpd/space Banquet Hall 15 gpd/100 sq. ft. a) With Kitchen 50 gpd/100 sq. ft. "B"1 oft BRAMAN KIA SHOWROOM, ID# 20843 TYPES OF LAND USES (CONTINUED) GALLONS PER DAY (GPM Car Wash a) Hand -Type 350 gpd/bay b) Automated (drive through) 5,500 gpd/bay Coin Laundry 145 gpd/washer Country Club 15 gpd/100 sq. ft. a) With Kitchen 50 gpd/100 sq. ft. Funeral Home 10 gpd/100 sq. ft. Gas Station/Convenience Store/Mini-Mart 450 gpd/unit a) wl Single Automated Car Wash 1,750 gpd/unit Health Spa or Gym 10 gpd/100 sq. ft. Veterinarian Office 20 gpd/100 sq. ft. Kennel 15 gpd/cage Marina 60 gpd/slip Food Preparation Outlet (Bakeries, Meat Markets, Commissaries, etc.) 35 gpd/100 sq. ft. Pet Grooming 55 gpd/100 sq. ft. INDUSTRIAL LAND USES Airport a� Common Area/Concourse 5 gpd/100 sq. ft. b) Retail/Store 10 gpd/100 sq. ft. c) Food Service see restaurant use House of Worship 10 gpd/100 sq. ft. Hospital 250 gpd/bed Nursing/Convalescent Home 150 gpd/bed Public Park a) With toilets only 5 gpd/person b) With toilets and showers 20 gpd/person Other Residential Institution/Facility CLF: 75 gpd/bed JAIL: 150 gpd/bed OTHER: 100 gpd/person School a) Day care/Nursery 20 gpd/100 sq. ft. b) Regular School (with or without cafeteria) 12 gpd/100 sq. ft. Public Swimming Pool Facility 30 gpd/person Industrial a) Warehouse/Spec. Building 1 gpd/100 sq. ft, b) Mini Storage 1.5 gpd/100 sq. ft. c) Industrial - Wet 20 gpd/100 sq. ft. d) Industrial - Dry 2.5 gpd/100 sq. ft. LEGEND: gpd - gallons per day sq, ft, - square feet NOTES: 1) Sewage gallonage refers to sanitary sewage flow on a per unit and/or use basis for average daily flow in gallons per day. 2) Condominiums shall be rated in accordance with the specific type of use (Le. apartment, townhouse, warehouse, etc,). "B"2of2 BRAMAN KIA SHOWROOM, ID# 20843 EXHIBIT "C" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND BRAMAN-LEIBOWITZ ASSOCIATES BUILDING CONNECTION SCHEDULI~ TYPE AND NUMBER OF UNITS Demolish 1 single-family residence (under 3001 sq-ft). Demolish 23,515 sq-ft motor vehicle service space. Construct and connect 8,356 sq-ft retail car sales space. GALLONAGE (gpd) -220 (credit) -2,351 (credit) 835 "C"1of1 COMPLETION OF BUILDING CONNECTION 2011 - 2012