HomeMy WebLinkAboutExhibit 1MIAMi•DADE
miamidade.gov
May 14, 2012
Johnny Martinez, City Manager
City of Miami
444 S.W. 2 Avenue
Miami, Florida 33130
Water and Sewer
PO Box 330316 3575 S. Lejeune Road
Miami, Florida 33233-0316
T 305-665-7471
Re: Water and gravity sewer facilities to serve "City of Miami - Moore Park B-
35887", ID# 20989, new construction of 2,981 square feet school day care
and 15,894 square feet of convention center, located at 765 NW 36 Street,
Miami, Florida, Folio #01-3123-046-0020.
Ladies and Gentlemen:
With the acknowledgment below the City of Miami (the "City"), warrants that the
description of the project above is accurate and hereby agrees that as a condition to
the provision of service to the proposed development within the referenced
property, the City shall connect to an existing twenty (20) inch water main located
within the property for water service, The County also owns and operates an eight
(8) incn gravity sewer main located in N.W. 36 Street, abutting the southern
boundary of the property, to which the City shall connect. Other points of
connection may be established subject to approval of the Department.
In cons iection with the above, the City shall:
1. Remove and relocate existing water mains on the property, either in
dedicated rights -of -way or easement that are in conflict with the proposed
development. Easements associated with mains to be removed and
relocated shall be closed and vacated before starting construction in the
easement(s) areas. In case of right-of-way to be closed and vacated within
the property, mains shall be removed and relocated, if needed, before
closing and vacating them. Fire hydrants associated with mains to be
removed and relocated shall be relocated as per the Fire Department's
recommendations.
2. Design and submit engineering plans for installation of water and fire line
services and a gravity sewer lateral, subject to approval of the Department's
Plans Review Section.
3. Connect said water facilities and gravity sewer lateral installation in
accordance with approved plans and specifications, and under inspection by
the Department's Donations Inspections Section. Submit full as -built subject
to Department approval. Failure to complete Final Inspection and/or submit
as -built of connected facilities may result in termination of service to the
property and/or the barring of the underground contractor from any further
Department inspection services.
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City of Miami — Moore Park B-35887, ID# 20989
4. Convey said water facilities and gravity sewer lateral installation to the
County by proper instruments as required by the Department's New
Business Section. Failure to complete conveyance of completed facilities to
the County shall result in, but not limited to, termination of service to the
property.
5. Prior to issuance of a Verification Form, pay combined water and sewer
connection charges in the amount of fifteen thousand two hundred eighty
dollars and fourteen cents ($15,280.14) based on the average daily
gallonage of two thousand one hundred eighty-six (2,186) gallons for the
proposed development use, multiplied by the appliclable rates established by
the County, subject to revision by the Board of County Commissioners at any
time.
6. To the extent allowed by Section 768.28, Florida Statutes, 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 negligent performance of the
above work by the City or its employees, agents, servants, partners,
principals, contractors and/or subcontractors.
Please be advised that the County reserves the right, at any time, to bar any
subcontractor or consultant employed by the City from engaging in any sort of work
or activity related to this Agreement, if such be in the interests of the County. In the
event the County rejects any subcontractor or consultant, said subcontractor or
consultant will immediately cease work on anything related to this Agreement. The
City shall not be entitled to compensation from the County for any monies
previously paid to any subcontractor or consultant if said subcontractor or
consultant is rejected by the County.
The Department shall not render service to said development until after execution of
this Letter Agreement, and after conveyance of facilities, as specified above, is
completed, and after payment of applicable installation, connection and construction
connection fees and compliance with the Department's Rules and Regulations for
service. In addition, availability of water and/or sewer capacity is subject to local,
state and federal agencies and other regulatory bodies having jurisdiction.
Sincerely,
Jose F. Soto, Chief
New Customer Division
City of Miami — Moore Park B-35887, 1D# 20989
ATTEST: CITY OF MIAMI, A FLORIDA
MUNICIPAL CORPORATION
By: By:
Signature of City Clerk Signature of City Manager
Priscilla A. Thompson Johnny Martinez, P.E.
Print name
(Affix City Seal)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Print name
The foregoing instrument was acknowledged before me this day of
, 2012, by City Clerk,
and , City Manager, of the City of Miami,
who are personally known to me and did not take an oath.
Notary Public
print name Serial Number
3
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Julie O. Bru, City Attorney Calvin Ellis, Director
Risk Management Department