HomeMy WebLinkAboutExhibitISLAND GARDENS AT WATSON ISLAND, ID# 19402a
AGREEMENT
FOR
WATER AND SANITARY SEWER FACILITIES
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
AND
FLAGSTONE ISLAND GARDENS, LLC
This instrument prepared by:
Douglas Pile, Esq.
New Business Contracting Officer
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
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ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
THIS AGREEMENT, made and entered into at Miami -Dade County, Florida,
this day of , 2015, by and between Miami -Dade County, a
olitical 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,
hereinafter designated as the "CITY", whose mailing address is c/o Director, Department of
Real Estate and Asset Management, Miami Riverside Center, 3rd Floor, 444, S.W. 2nd
Avenue, Miami, Florida 33130, and FLAGSTONE ISLAND GARDENS, LLC, a Delaware
limited liability company, hereinafter designated as the "DEVELOPER", whose mailing
address is: 888 Mac Arthur Causeway, Miami, Florida 33132.
WITNESSETH:
WHEREAS, the CITY and DEVELOPER desire water and sewer service to be
rendered to property owned by the CITY and to be leased and developed by the
DEVELOPER, pursuant to an Agreement to Enter into Ground Lease, dated January 1, 2003,
and as subsequently amended by an Amended and Restated Agreement to Enter Into Ground
Lease with the City, effective as of September 15, 2011 (collectively, the "Agreement to Enter
into Ground Lease") and a Marina Component Amended and Restated Ground Lease,
effective as of May 30, 2014, for the Flagstone Island Gardens Development ("Development");
and
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated
as the "DEPARTMENT", operates the water and sewer systems owned by the COUNTY; and.
WHEREAS, as a condition of the Agreement to Enter into Ground Lease it is necessary
to secure the provision of water and sewer services and, . in connection therewith, the
execution of this Agreement, and
WHEREAS, the CITY as owner of the Property (as set forth in Exhibit A hereto), is
required to execute this Agreement, but pursuant to the terms of the Agreement to Enter into
Ground Lease, is not required to take any extraordinary actions, nor to incur any expenses,
both of which actions and expenses are to be assumed exclusively by DEVELOPER, except
as expressly noted herein; and
WHEREAS, .the COUNTY, the CITY and DEVELOPER wish to enter into this
Agreement to set forth the terms and conditions pursuant to which the DEPARTMENT will
provide water and sewer services to the Property; and
WHEREAS, the CITY and DEVELOPER understand that the COUNTY'S obligations to
provide water and sewer service to the Property is contingent on compliance, by either the
CITY or DEVELOPER, of the terms and conditions hereof; and
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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. CITY'S PROPERTY. The CITY owns a certain tract of land in Miami -Dade
County, Florida, which is legally described in Exhibit "A" attached hereto and made a part
hereof, hereinafter sometimes described as the "CITY'S Property". Pursuant to the
Agreement to Enter into Ground Lease and in reliance upon the covenants of the Developer
thereunder and hereunder, the CITY and the DEVELOPER have requested that the
DEPARTMENT render water and sewer service to the CITY'S Property and the COUNTY
agrees to do so subject to the terms, covenants and conditions contained herein.
2. WAIVER. No delay or failure to exercise a right under this Agreement or any
other Agreement shall impair orr 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 for the COUNTY'S interests unless done in writing by a person having actual
authority to grant such waiver. No order or directive given by the CITY or its agents shall be
considered as waiving any portion of this Agreement for the CITY'S interests unless done in
writing by a person having actual authority to grant such waiver.
3. CITY AND DEVELOPER ACKNOWLEDGMENT. The CITY and DEVELOPER
hereby acknowledge and agree that any right to connect the CITY'S property to the
COUNTY'S sewer system is subject to the terms, covenants and conditions set forth in 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,
including but not limited to, the Consent Decree entered on April 9, 2014, in the United States
of America, State of Florida and State of Florida Department of Environmental Protection v.
Miami -Dade County, Case No. 1:12-cv-24400-FAM, as well as 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 CITY'S Property and will receive and
dispose of sanitary sewage from the CITY'S Property. The DEVELOPER shall pay Water.
and sewer connection charges for all those units to be constructed on the CITY'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 CITY'S Property by a volume
customer, the DEVELOPER is a new retail user provided water or sewer service from a
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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 CITY'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, and as revised by the COUNTY from time to time, multiplied
by the applicable rates established by the. COUNTY. The CITY intends for the DEVELOPER
to construct and connect, and the DEVELOPER intends to construct and connect to the
COUNTY'S water and sewer systems thirteen thousand eight hundred (13,800) square feet of
banquet hall (without kitchen), representing an average daily gallonage of six thousand nine
hundred (6,900) gallons, one hundred fifty (150) apartment units, representing an average
daily gallonage of twenty-two thousand five hundred (22,500) gallons, fifty (50) marina slips,
representing an average daily gallonage of three thousand (3,000) gallons, a hotel with four
hundred fifty-five (455) rooms, representing an average daily gallonage of forty -five -thousand
five hundred (45,500) gallons, two hundred twenty-one thousand (221,000) square feet of
retail store, representing an average daily gallonage of twenty-two thousand one hundred
(22,100) gallons., ten thousand three hundred forty (10,340) square feet of bar or cocktail
li lounge, representing an average daily gallonage of two thousand sixty-eight (2,068) gallons,
and one hundred thirty-six thousand one hundred forty (136,140) square feet of full -service
restaurant, representing an average daily gallonage of one hundred thirty-six thousand one
hundred forty (136,140) gallons, replacing vacant land. Therefore, the agreed total average
daily gallonage increase is two hundred thirty-eight thousand two hundred eight (238,208)
gallons, resulting in combined water and sewer connection charges in the amount of one
million six hundred sixty-five thousand seventy-three dollars and ninety-two cents
($1,665,073.92). However, water and sewer connection charges shall be calculated at the
rates in effect at the time of actual connection to the COUNTY'S water and sewer systems,
and shall be paid by the DEVELOPER prior to the DEPARTMENT'S installation of a water
meter and/or the rendition of sewer services to the CITY'S Property. The DEPARTMENT'S
current connection charge rates are one dollar and thirty-nine cents ($1.39) and five dollars
and sixty cents ($5.60) per gallon per day for water and sewer, respectively. The water and
sewer connection charge rates are subject to revision by the Board of County Commissioners
at any time. The DEVELOPER shall pay fees and/or charges specified herein at the time of
issuance of Verifications Form(s). The DEPARTMENT shall not, .under any circumstances,
render water and/or sewer service to the CITY'S Property until such time as the fees and/or
charges specified herein have been paid in full.
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5. OTHER USES ON THE PROPERTY. If the DEVELOPER constructs 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 CITY'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 use prior to the installation of any water
meters and/or rendition of sewer service by the COUNTY for the CITY'S Property.
6. POINTS OF CONNECTION. The DEVELOPER shall cut, plug, and remove
portions of an existing twenty (20) inch and a thirty-six (36) inch transmission water main
located within the property which are in conflict with the proposed development. Thence, the
DEVELOPER shall connect to the remaining portions of the aforesaid twenty (20) inch and
thirty-six (36) inch transmission water mains, and extend both a twenty (20) inch and thirty-six
(36) inch transmission water main within the property in an easement and in a looped system.
Also, the DEVELOPER shall connect to an existing twelve (12) inch water main (E-11291-2)
in the property folio 1-3231-061-0040 south of the CITY'S Property at a point within the Old
Causeway/A-1-A Road (now part of same folio) and extend a twelve (12) inch water main
northerly in Old Causeway/A-1-A Road within the same folio to the southern boundary of the
CITY'S Property, then within the CITY'S Property in an easement and in a looped system,
connecting/interconnecting to an existing twenty (20) inch transmission water main within and
close to the northern boundary of the CITY'S Property, All proposed water services must be
connected to the aforementioned twelve (12) inch water main within the CITY'S Property.
Any public water main extension within the property shall be twelve (12) inches minimum 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. For sewer, the DEVELOPER shall cut, plug, and'abandon a portion of an existing
eight (8) inch gravity sewer main located within the property, which is in conflict with the
proposed development. Thence, the DEVELOPER shall connect to the remaining portion of
the aforementioned existing eight (8) inch gravity sewer main within the property and extend
at full depth within the property in an easement to a point as required to provide service to the
proposed development. If unity of title does not apply, then any gravity sewer within the
property shall be public and eight (8) inch minimum in diameter. Other points of connection
may be established subject to approval of the DEPARTMENT and the CITY.
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7. SPECIAL CONDITION TO SERVICE. The DEVELOPER is responsible for
obtaining access to the sewer system, either by right-of-way dedication and/or easement. The
COUNTY'S obligations to provide water and sewer service under this Agreement is
conditioned upon conveyance of easements to. the COUNTY for sewer facilities to be installed
on property that is not part of the DEVELOPER'S use of property within the CITY'S Property.
The easements must be conveyed to the COUNTY in accordance with paragraphs 22 and 24
herein below. Furthermore, it shall be the DEVELOPER'S sole responsibility to obtain and
secure conveyance of said easements from the CITY to the COUNTY. The conveyance of
aforesaid easements by the CITY in connection with the DEVELOPER's use of the CITY'S
Property to the COUNTY is a precedent to any duty of the COUNTY to provide water and
sewer service to the DEVELOPER'S areas of use of the CITY'S Property.
8. . BISCAYNE BASIN SANITARY SEWER SPECIAL CONNECTION CHARGE.
The COUNTY hereby represents and the DEVELOPER acknowledges that the gravity sewer
basin that will serve the DEVELOPER'S areas of use of the CITY's Property, at the present
time may not meet COUNTY criteria for conveying additional flows, including those of the
proposed development within the DEVELOPER'S areas of use of the CITY'S Property as
specified in paragraphs 4 and 5 hereinabove. The COUNTY intends to construct the
necessary improvements, and has adopted a special connection charge to pay for the
construction of necessary improvements in accordance with COUNTY Ordinance No. 13-57.
The DEVELOPER acknowledges and agrees that it shall pay to the COUNTY said special
connection charge in the amount of four dollars and twenty-four cents ($4.24) per average
daily gallon, as specified in paragraphs 4 and 5 hereinabove, to be connected to the
COUNTY'S sewer system, resulting in a total special connection charge of one million ten
thousand one dollars and ninety-two cents ($1,010,001.92), due prior to the issuance of a
Verification Form. Said payment shall be a condition precedent to any obligation on the part
of the COUNTY to provide service to the property. Notwithstanding the preceding, nothing
contained herein shall obligate the COUNTY to provide service to the property if said service
is in contravention to any consent order or agreed order to which the COUNTY is a party, or of
any rule or statute. The DEPARTMENT makes no representations as to the likely date the
referenced improvements will be placed into service, and DEVELOPER shall have no cause
of action, at law or equity, against the COUNTY or the CITY arising out of the construction of
said improvements.
9. . REMOVAL/RELOCATION OF FACILITIES. . The DEVELOPER hereby
acknowledges and agrees that any existing COUNTY water and/or sewer facilities and all
appurtenances including fire hydrants within the CITY'S Property that will conflict with
proposed development must be removed and/or relocated, and all easements associated with
said facilities released and/or relocated. Said relocation and/or removal of facilities shall be
performed by or for the DEVELOPER in accordance with plans andspecifications to be
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approved by the COUNTY and the CITY and in such a manner that there will be no
interruption of services to the .COUNTY'S existing customers. All costs incurred shall be
borne solely by the DEVELOPER. The removal and/or relocation of certain water and/or
sewer facilities and releasing and/or relocating of associated easements are conditions
precedent to the issuance of water and sewer verification forms for construction of those
proposed buildings that conflict with said water and/or sewer facilities, unless the
DEPARTMENT is able to protect its facilities and/or associated easements through a "hold"
on the foundation inspection that is issued in conjunction with the Miami -Dade Department of
Regulatory and Economic Resources (RER). The determination of the availability for
placement of said hold shall be within the sole discretion of the DEPARTMENT. Those
projects that are not within the jurisdiction of the COUNTY'S building permitting process shall
not be eligible for considerations of that hold.
10. 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.
11, INSPECTION. The COUNTY and the CITY 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 or the CITY as to the quality and condition of materials and
workmanship. Any inspections by the DEPARTMENT or the CITY 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 or
the CITY shall not relieve the DEVELOPER of responsibility for the quality and condition of
materials and workmanship.
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12. TESTS. During construction and at the time when various tests are required,
the COUNTY'S engineer or its authorized representative, together with the CITY'S engineer
and its authorized representation, and 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 and the CITY a minimum of
twenty-four (24) hours in advance of the tests.
13. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule
construction meetings with the CITY'S representatives (Engineer, Project Manager,
Construction Superintendent, and others) and 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. The
CITY reserves the right to schedule construction meetings with the COUNTY'S
representatives (Engineer, Project Manager, Construction Superintendent, and others) and
the DEVELOPER'S representatives (Engineer, Project Manager, Construction Superintendent
and others) at a place designated by the CITY with respect to project related matters upon
twenty-four (24) hours notice. The COUNTY shall make reasonable efforts to be available for
meetings requested by the CITY.
14. SUBCONTRACTORS AND CONSULTANTS. The COUNTY and the CITY
reserve their respective rights, 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 or the CITY, as applicable. In the event the COUNTY
or the CITY 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 monies previously paid to any subcontractor or consultant
if said subcontractor or consultant is rejected by the COUNTY or the CITY, as applicable.
15. 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.
16. 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. The DEVELOPER
may request such information and assistance from the CITY as necessary and as are
contemplated by the Agreement to Enter into Ground Lease in connection with required
approvals for all facilities contemplated by 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 the City of Miami,
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and/or any requirements of the Code of Miami -Dade County and the Code of the City of
Miami, as amended.. 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 and
the Code of the City of Miami, as amended.
17. 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 and/or the CITY, as applicable, be named as
permittee for certain construction activities even though the DEVELOPER or the
DEVELOPER'S contractor will actually perform the work. To insure that the COUNTY and the
CiTY 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 and/or the CITY
which shall indemnify and protect the COUNTY and/or the CITY from all claims, actions,
judgments, liabilities, losses, costs and expenses, 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 amountequal 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 or the CITY, as applicable,
shall be entitled to pay said claims from the security. The DEVELOPER shall be liable for all
costs in excess of the security.
18. WATER SERVICE LINES. Any water service lines two (2) inches or less in
diameter that are required for the CITY'S Property which will be directly connected to existing
mains owned by the. COUNTY shall be installed by COUNTY personnel only. The
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.
19. 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.
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 CITY'S Property which allows additional
connections, .
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b. Sufficient available capacity in the COUNTY'S sewer system and connection
approval, as specified in paragraph 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 either the DEVELOPER or the
CITY, as applicable, does not utilize the yearly amount of water or sewage treatment facility
allocation specified in Exhibit "C", said amount will be available to either the DEVELOPER or
the CITY, as applicable, 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 4 hereinabove. However, it is mutually agreed and understood by the
COUNTY, the CITY, and the DEVELOPER that the allocation of capacity by the COUNTY
does not guarantee the ability of the COUNTY to supply water for the CITY'S Property or the
ability to receive and dispose of sewage originating from the CITY'S Property: Capacity
allocation is subject to local, state and federal agencies and other regulatory bodies having
jurisdiction. In connection therewith, the DEVELOPER agrees that neither the COUNTY nor
the CITY shall 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.
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 CITY with consent of the
DEVELOPER prior to the COUNTY'S installation, of a water meter and/or the rendition of
sewer service to the CITY'S Property. The DEVELOPER and/or the CITY may not place any
pavers or other structures in an easement area which would prevent the DEPARTMENT, at its
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sole discretion, from making full use of the easement, and the DEVELOPER and/or the CITY
shall remove same, at the DEVELOPER'S cost, at the direction of the COUNTY or the CITY,
as applicable. The DEVELOPER and/or the CITY 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 or the CITY, as applicable; in the event that such pavers or other structures
need to be removed in order for the DEPARTMENT or the CITY, as applicable, to make use
of the easement, the DEVELOPER places such pavers or other structures in the easement
area at its own risk, and neither the DEPARTMENT nor the CITY shall be liable for any costs
incurred by the DEVELOPER in replacing any such pavers or other structures removed by the
DEPARTMENT or the CITY, as applicable.
23. CONNECTION/FRONTAGE BY OTHERS. Parties other than the
DEVELOPER who own property, other than the CITY'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 forty-two dollars ($42.00) for the twenty (20)
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. 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 Bill of Salefor 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 and the CITY 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.
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24. CONVEYANCE OF TITLE: Conveyance of all easements shall be by separate
instruments in recordable form as approved by the COUNTY and the. CITY and shall be
accompanied by a written opinion of title by an attorney licensed to practice law in the State of
Florida, which states that the CITY is the owner of the property interest to be conveyed,
subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY. The
opinion shall also state that upon execution by the CITY, a valid and enforceable easement
will be vested to the .COUNTY. The 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 CITY'S Property.
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 CITY and/or 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
CITY'S Property and all persons who incorporate materials into the property, together with a
breakdown of the actual cost of said facilities. Concurrently, the DEVELOPER shall furnish
each of the COUNTY and the CITY 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; INSURANCE.
Warranty and Maintenance Bond: The DEVELOPER warrants to the COUNTY and the
CITY 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 or alternate
security deposit acceptable to the DEPARTMENT and the CITY, 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
continueto remain in effect for an additional period of one (1) year from the date of final
Page 12 of 20
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
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
Sewer mains
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 the CITY 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 and the CITY. 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, the CITY and the COUNTY as "Co -obligees".
In the alternative, the DEVELOPER may be named as "Principal" and both the COUNTY as
"Obligee" and the CITY 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 and the CITY against losses resulting from any and all
defects in materials or improper performance of work. If there is no building construction
underway within the CITY'S Property at the time of conveyance, the COUNTY and the CITY
shall have their respective rights 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 or the CITY, 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
therefrom. 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.
Insurance: Prior to commencement of work, the DEVELOPER must provide to the COUNTY
and the CITY a certificate of insurance in accordance with the insurance requirements as
provided in Exhibit "D". Both the COUNTY and the CITY shall be named as additional
insureds. All insurance policies required above shall be issued in companies authorized to do
business under the laws, of the State of Florida, with the following qualifications as to
management and financial strength: such insurance companies must each be rated no Tess
than "A" as to management and no less than "CLASS V" as to strength, by the latest edition of
Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey. The
DEVELOPER shall furnish such Certificates of Insurance to the COUNTY and the CITY prior
to commencement of work under this Agreement for approval by the COUNTY's Director of
Risk Management Division or his/her designee and by the CITY's Risk Management Director
Page 13of20
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
or his/her designee. If requested by the COUNTY, the CITY shall furnish its letter of self-
insurance to the COUNTY's Risk Management Division. No modifications or changes in
insurance shall be made without thirty (30) days'. written advance notices to Miami -Dade
County, c/o WASD and the Director of Risk Management Division, and the City of Miami, c/o
Department of Real Estate and Asset Management and Risk Management Department.
27. TERM OF AGREEMENT. The DEVELOPER, the CITY, and the COUNTY
recognize that time is of the essence and that this Agreement shall be deemed null and void
and unenforceable if the 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.
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 and/or the CITY 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 the CITY and their respective officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorney's fees and
costs of defense, which the COUNTY and/or the CITY, as applicable, or their respective
officers, employees, agents or instrumentalitiesmay 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 all claims and losses inconnection therewith and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the COUNTY and/or the CITY,
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 maintenance bond, alternate security deposit, and/or 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, the CITY,
Page 14 of 20
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
and their respective officers, employees, agents and instrumentalities as herein provided. The
provisions in this clause shall survive the termination or expiration of this Agreement.
29. FORCE MAJEURE. Should any 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, tornadoes, water spouts, 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 any
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 CITY'S Property as may be applicable until the responsibility for payment of said
charges is properly transferred in accordance with the COUNTY'S regulations.
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 and the CITY, as applicable, shall deliver to the DEPARTMENT respective
opinions of title for the CITY'S Property, issued by a qualified attorney licensed to practice
law in the State of Florida, which states that the CITY owns fee simple title to the property
referred to herein and regarding the easements to the DEVELOPER, the CITY, and/or the
COUNTY, as applicable.
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
Page 15 of 20
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
COUNTY. The CITY and 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
Regulatory and Economic Resources (RER) 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 and
the CITY harmless from and against all claims, actions, judgments, damages, losses, costs
and expenses including reasonable attorney's fees which may be incurred by the COUNTY
and/or the CITY, as the case may be, 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.
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 consents of the Director of
the DEPARTMENT or his designee and of the City Manager 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 consents of
the DEPARTMENT and of the City Manager or his designee on behalf of the CITY for
assignments or transfers of any water and sewage disposal capacity allocation to any party
who holds such leasehold property as an investment for resale of the leasehold interest or
who intends to develop for sale a portion of the DEVELOPER's leasehold interest in the
CITY'S Property, so that the COUNTY can adequately determine the demand for water and
sewage disposal capacity and plan for the fair and equitable allocation of water and sewage
disposal capacity among the residents of Miami -Dade County. Consent, when required, shall
not unreasonably be withheld by the DEPARTMENT or the City Manager or his designee on
behalf of the CITY. If the CITY'S Property is transferred or conveyed, the DEVELOPER shall
remain liable to the COUNTY and the CITY for all sums of money and all obligations due
hereunder unless released in writing by the COUNTY and City Manager or his designee on
behalf of the CITY.
35. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements
and representations, whether oral or written, between the DEVELOPER, the CITY, and the
COUNTY, and that certain Agreement for "Flagstone Island Gardens", ID# 19402, dated
April 25, 2007, recorded in Official Record Book 25664, at Pages 680 — 715, of the Public
Records of the COUNTY, and that certain Amendment One for "Flagstone Island Gardens",
Page 16 of 20
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
ID# 19402, dated November20, 2007, recorded in Official Record Book 26070, at Pages 268
- 275, of the Public Records of the COUNTY, and made with respect to the matters contained
herein and when duly executed constitutes the complete Agreement between the
DEVELOPER, the CITY, and the COUNTY with respect to such matters contained herein.`
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 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. VENUE AND. JURISDICTION. This Agreement shall be construed and
enforced according to the laws of the State of Florida. Venue in any proceedings between the
parties shall be in Miami -Dade County, Florida. All parties waive any defense, whether
asserted by motion or pleading, that the aforementioned courts are an improper or
inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the
aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties
irrevocably waive any rights to a jury trial.
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 17 of 20
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
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
Tom Marko, Development Coordinator
For: Lester Sola, Director
Miami -Dade Water and Sewer Department
The foregoing instrument was acknowledged before me this day of
, 2015, by Tom Marko, Development Coordinator, for Lester Sala,
Director, of the Miami -Dade Water and Sewer Department, who is personally known to me
and did not take an oath.
Notary Public
L print name • Serial Number
Page 18 of 20
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
ATTEST:
By:
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE
OF FLORIDA
By:
Todd 6. Hannon
City Clerk
Approved as to Form and Correctness:
Daniel J. Alfonso
City Manager
Approved as to Insurance
Requirements:
Victoria Mendez, Ann •Marie Sharpe,
City Attorney Risk Management Director
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 2015, by Daniel J.. Alfonso , as City Manager,
and Todd . Hannon , as City Clerk, of City of Miami, a Florida municipal
corporation. They are personally known to me or have produced
as identification and did/didnot take an oath.
Notary Public
print name Serial Number
Page 19of20
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
WITNESSETH:
FLAGSTONE ISLAND GARDENS, LLC,
A DELAWARE LIMITED LIABILITY
COMPANY
BY: FLAGSTONE DEVELOPMENT
CORPORATION, A DELAWARE
CORPORATION, AS MANAGER
By:
signature signature
print name Director/President
signature
print name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2015, by , who is
personally known to me or and has/has not produced as
identification and did/did not take an oath.
Notary Public
print name Serial Number
Approved for Legal Sufficiency:
Assistant County Attorney
Page 20 of 20
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
AND
FLAGSTONE ISLAND GARDENS, LLC
LEGAL DESCRIPTION
PARCEL 1 (LEASEHOLD) UPLAND. PARCEL:•
.,
That certain parcel of land as described' in Memorandum of ,Lease doted_ • _,• recorded __Y;in •
Official Records Boo --_ _, , Page „_—,..__— • as amended' by Amended and Restated Memorandum of
Leased dated recorded _in Official Records Book ' , Poge — —; of the Public
Records of Miami—Dode County, Florida, being more particularly described as follows:
Commence at a point shown marked by an .5/8" diameter iron rod and Cop Stomped F.D;O,T., shown as P.T.
••Sta.'25+50 on the "Dfffciol Map of Location and Survey of a portion of Section 8706, designated as port of
State Rood A-1—A in Dade County, Florida", prepared by the State Rood Department of the State of Florida,
as recorded in Mop Rook. 56, at Poge 71 of the Public Records of Dade County, Florida, Said point being the
point of tangency of the original center line of the Douglas MacArthur Causeway running .Easterly and South
Easterly from the Westerly limits '(West Bridge) of Watson Island as shown on Sheet 3 of the State Rood .
Department Right —of —Way Mop, Section No. '(8706-112) 87060-2117, revised March 25,' 1959, said most
Northerly curve hovlrig o radius'of 1432.69 feet and a central angle Of 62' 00' 007; thence South 59' 51' 26"
West departing radially from sold centerline a distance of 987.36 feet to a Protected Bulkhead fine; thence
North 17' 12' 21" West along sold bulkhead line, a, distance of 238.66 feet to the Point and Place of
Beginning; thence North 17' 12' 21" West continuing along said bulkhead line a distance of 924,74 feet to the
Southerly .right of way line of Stote Road A-1—A, Douglas MacArthur Causeway; thence along- soid Southerly
right of way line the following courses and distances: South 89' 10' 55" East, a distance of 72.89 feet; •
. thence North 86' 39' 49'f East, a distance of 67.31 feet to non —tangent curve concave to' the Northeast '
whose radial line bears North 39' 29' 18" East having a radius of 160,00 feet and; central; angle of 22'.09'
28"; thence along said curve an arc length of,61.88 feet; thence South 72' 40' 1'5" East, continuing along
said Southerly right of way line a distance of 276,49 feet to a curve concave to the Southwest hoving a ,
radius of 600.00 feet and central ongle of 46' 17' 39"; thence along said curve on arc length of 484.79 feet
to a point of tangency; thence South 26', 22' 36" East continuing along the Southwesterly right of way line
of State Road A-1-A, a distance of 196:59 feet; thence South 54' 07' 39" West departing sold right of way
line, o distance of 532.16 feet; thence •North 35' 54' .03" West, a distance'.of 132.74 feet; thence South 54'
07' 39" West, a distance of 150.14 feet to, the Point of Beginning.
•
PARCEL 2. (LEASEHOLD) SUBMERGED LANDS PARCEL:
Commence at o point shown marked by on 5/8" diameter iron rod and Cop Stamped F.D.O,T., shown as P.T.
Sta. 25+50 on the "Official Map, of Location and Survey of a portion of Section 8706, designated as part of
State Road A-1—A In Dade County, Florido", prepared by the Stote Road Department of the State of Florida,
as recorded In Mop Book 56, at Page.71 of the Public Records of Dade County, Florida. Said point being the
point of tangency of the original centerline of the Douglas MacArthur Causeway running Easterly and South
Easterly from, the „Westerly limits (West Bridge) of Watson. Island as shown on Sheet 3 of the State Rood
Department Right —of —Way Mop, Section No. (8706-112) 87060-2117, revised March 25, 1959, said most
.Northerly curve hoving o radius of 1432,69 feet and a central angle of 62' 00'' 00"; thence South 59' 51' 26"
West departing radially from sold centerline o distance of 987.36 feet to a Protected Bulkhead line; thence
North 17' 12' 21" West along said bulkhead line, a 'distance, of 238.86 feet to the Point •and Place of
Beginning; thence South49' 32' 57" West departing said. bulkhead line a distance of 550.92 feet to o point
of intersection of•lines•of, turning basin limit as established by U.S. Army Corps of engineers and position by,
coordinates North 527,878.62 feet East 926,135.22 feet (based' on North Americon Datum'.1983—NAC83) with
the Northerly, line of the•'Miami Main Ship. Channel; thence North 31' 31' 03'S0" West, along the limits of'said
turning basin a distance of 428,44 .feet to o point of intersection with the East right of •way line of the
intracoastal waterway; thence North 03' 27' 54" West along said East right of way line o distance of 874.43
feet to a point ,of Intersection with the Southerly•right of way line of said Douglos MacArthur Causeway, sold
point of intersection being a point on a curve concave Southerly and having a radius of 10,716.59 feet, a
radial line to said point bears South 01' 15' 15" East; thence run Easterly for 387,46 feet clang the arc of
said curve and along said Southerly right of way line, through a central angle of 02'• 04' 17" to a point of
tangency,, tho enoe'South 89' 10' 55" Eost .ontinuing *Easterly along the .safd Southerly right of way.line, a
distance of 32.06 feet more or less to a point of intersection with an existing bulkhead fine; thence South
177•12' 21" East along said bulkhead line a distance of 924.70 feet,to the Point of Beginning.
•
PARCEL .1 NOW •KNOV/N AS: •
Tracts A, B and C o ."WATSON ISLAND SOUTHWEST", according to the plat therSof os recorded in ...Plot Book
166, Page 11, of thf. Public 'Records of Miami —Dade County, Florido.
"A" 1 of 1
MIAMI•D4DE
COUNTY
1600
I155I
1644
MIAMI - DADE WATER AND SEWER DEPARTMENT
1501 ! 1633
I ❑ L.._.._..—.
I --
I464 555
I _NE 15TH.ST __.l 1J5151 -.-:
_._.fig f ._ '''���
1410 1442 !
11367 --1
1 0 1300
1•----`,1
lip 1232_ 24012.t
3� �i20C 1��6 'i2
I'395 RAMP
L.!
' I
ilooq
25950I I900!
1888!
_728_'I
225
105_..__._13
560
i44I8 I
4002261
300 l ai
1t-r3f 258
D18A120
• IT 011.
;liar
-1117o
801
NE 8TH ,,ST._.__
214 I .l
o03E1 1243I
50
EXHIBIT "A" —1
LOCATION SKETCH
SCALE: N,T.S
-THIS IS NOT A SURVEY -
VENETIAN CSWY
MACARTHUR CSWY
/
1020
2181
ISLAND GARDENS
AGMT ID# 19402
FOLIO# 01.3231.000.0030,
01-3231.061.0010,0020,0030
MIAMI-DADE COUNTY SEC 31-53-42
OCTOBER 2, 2014
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
EXHIBIT "B" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
AND
FLAGSTONE ISLAND GARDENS, LLC
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 gpd/unit (3001-5000 sq. ft.)
550 gpd/unit (over 5,000 sq. ft.)
Townhouse Residence
180 gpd/unit
Apartment
150 gpd/unit
Mobile Home Residence/Park
180 gpd/unit
Duplex or Twin Home Residence
180 gpd/unit
COMMERCIAL LAND USES
Barber Shop
15 gpd/100 sq. ft.
Beauty Shop
25 gpd/l 00 sq. ft.
Bowling Alley
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 gpd/seat
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 of 2
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
TYPES OF LAND USES (CONTINUED)
GALLONS PER DAY (GPD)
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) w/ 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 (e.g., apartment, townhouse, warehouse, etc.),
"B" 2 of 2
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
AND
FLAGSTONE ISLAND GARDENS, LLC
BUILDING CONNECTION SCHEDULE
TYPE AND. NUMBER OF UNITS
Construct and connect to the County's
water and sewer systems:
13,800 sq-ft of banquet hall (w/out kitchen)
150 apartment units
50 marina slips
455 hotel rooms
221,000 sq-ft of retail store
10,340 sq-ft of bar or cocktail lounge
136,140 sq-ft of full service restaurant
"C" 1 of 1
GALLONAGE
(gpd)
2,070
22,500
3,000
45,500
22,100
2,068
136,140
COMPLETION OF
BUILDING CONNECTION
2015 - 2016
2015 - 2016
2015 - 2016
2015-2016
2015 - 2016
2015 - 2016
2015 - 2016
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
EXHIBIT "D" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
AND
FLAGSTONE ISLAND GARDENS, LLC
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE
WATER AND SANITARY SEWER AGREEMENT
FLAGSTONE ISLAND GARDENS
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000.
Endorsements Required
City of Miami and Miami Dade County listedas an additional
insured
Contingent and Contractual Exposures
Premises/Operations Liability
Explosion, Collapse and Underground Hazard
Primary and Non Contributory Endorsement.
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $1,000,000
B. Endorsements Required
City of Miami and Miami Dade County listed as an additional
insured
"D" 1 of 2
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
III. Worker's Compensation
Limits. of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each
accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
V. Umbrella/Excess Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
Aggregate $1,000,000
City of Miami and Miami Dade County listed as an additional insured
Excess Form over all liabilitypolicies included herein
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer not less than (30).days
prior to any such cancellation or material change.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no
less than "Class V" as to Financial Strength, by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,
or its equivalent. All policies and /or certificates of insurance are subject to.
review and verification by Risk Management prior to insurance approval.
"D" 2 of 2
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
UNITY OF TITLE
THIS, UNITY OF TITLE, made and entered into this day of
, 2015,.by the City of Miami, a Florida municipal corporation,
hereinafter designated as the "DEVELOPER", to Miami -Dade County, a political
subdivision of the State of Florida, its successors and assigns, hereinafter designated as
the "COUNTY";
WITNESSETH
THAT WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter
designated as the "DEPARTMENT", operates the water and sewer systems owned by the
COUNTY, and
WHEREAS; the DEVELOPER is the fee owner of the real property legally described
as:
See Exhibit "A" attached hereto
And the DEVELOPER recognizes and acknowledges that for the public health,
welfare, safety and morale, the herein described property should not be divided into
separate parcels owned by several owners, and in consideration of providing water and
sewer services by the COUNTY to the subject property at a substantial savings to the
DEVELOPER by allowing new connections to private facilities of the DEVELOPER within
the property described above rather than requiring that the connections be made directly to
facilities of the COUNTY located within dedicated rights -of -way, and for other good and
valuable considerations, the DEVELOPER hereby agrees to restrict the use of the subject
property in the following manner:
-1-
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
That said properties shall be considered as one plot and parcel of land and that no
portion of said plot and parcel of land shall be sold, transferred, devised or assigned
separately, except in its entirety as one plot or parcel of land. However, the sale of
individual condominium units shall not be prohibited.
The DEVELOPER further agrees that this condition, restriction, and limitation shall
be deemed a covenant 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 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.
The DEVELOPER does hereby fully warrant that it has good title to the above
described property and that it has full power and authority to execute this Unity of Title.
This instrument prepared by:
Douglas Pile, Esq,
New Business Contract Officer
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
-2-
ISLAND GARDENS AT WATSON ISLAND, ID# 19402a
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials as of the day and year above written.
ATTEST: CITY OF MIAMI, A MUNICIPAL CORPORATION
OF THE STATE OF FLORIDA
By: By:
City Clerk
Approved as to Form and Correctness:
City Manager
Approved as to Insurance
Requirements:
City Attorney Risk Management Director
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 2015, by , as City Manager,
and , as City Clerk, of City of Miami, a Florida
municipal corporation. They are personally known to me or have produced
as identification and did/did not take an oath.
Notary Public
print name Serial Number
Approved for Legal Sufficiency:
Assistant County Attorney
-3-
Tom Marko, Development Coordinator
For Lester Sola, Director
Miami -Dade Water and Sewer Department
ISLAND GARDENS AT WATSON ISLAND, iD# 19402a
EXHIBIT "A"
OF
UNITY OF TITLE
ISLAND GARDENS AT WATSON ISLAND
LEGAL DESCRIPTION
PARCEL 1 (LEASEHOLD) UPLAND, PARCEL:
That certain parcel of land as 'described in Memorandum of Lease dated_ _, recorded_ .• in
Official Records Boo;: , Poge _ as amended by Amended. and Restated Memorandum of
Leased doted _ recorded in Official Records Book _ , Poge _ _, of the Public
Records of Miami —Dude County, Florida, • being more particularly described as follows:
Commence at a point shown marked by an 5/8" diameter iron rod and Cap Stomped F.D.O.T., shown as P.T.
Sta. 25+50 on the "Official Map of Location and Survey of a portion of Section 8706, designated as part of
State Road A-1—A in Dade County, Florida', prepared by the State Road Department of the State of Florida,
as recorded in Map Book 56, at Page 71 of the Public Records of Dade County, Florida, Said point being the
point of tangency of the original center line of the Douglas MocArthur Causeway running Easterly and South
Easterly from the Westerly limits (West Bridge) of Watson Island as shown on Sheet 3 of the State Rood
Department Right —of —Way Map, Section No. (8706-112) 87060-2117, revised March 25, 1959, said most
Northerly curve having a radius of 1432.69 feet and a central angle of 62' 00' 00"; thence South 59' 51' 26"
West departing radially from said centerline a distance of 987.36 feet to a Projected Bulkhead line; 'thence
North 17' 12' 21" West along said bulkhead line, a distance of 238.86 feet to the Point and Place of
Beginning; thence North .17' 12' 21" West continuing along said 'bulkhead line a distance. of 924,74 feet to the
Southerly right of way line of State Rood A-1—A, Douglos MacArthur Causeway; thence along said Southerly
right of way line the following courses and distances: South 89' 10' 55" East, a distance of 72.89 feet;
thence North 86' 39' 49" East, a distance of 67.31 feet to non —tangent curve concave to the Northeast
whose radial line bears North 39' 29' 18" East having a radius of 160.00 feet and central angle of 22' 09'
28"; thence along sold curve an arc length of 61.88 feet; thence South 72' 40' 15" East continuing along
sold Southerly right of way line a distance of 276,49 feet to a curve concave to the Southwest having a
radius of 600.00 ,feet and central , angle of 46' 17' 39"; thence along said curve an arc length of 484.79 feet
to a point of tangency; thence South 26" 22' 36" East continuing along the Southwesterly right of way line
of State Road A-1—A, a distance of 196.59 feet; thence South 54' 07' 39" West departing said right of way
line, a distonce of 532.16 feet; thence North 35' 54' 03" West, a distance of 132.74 feet; thence South 54'
07' 39" West, a distance of 150.14 feet to the Point of Beginning.
PARCEL 2 (LEASEHOLD) SUBMERGED LANDS PARCEL: •
Commence of a point shown marked by an 5/8" diameter iron rod and Cap Stamped F.D.O.T., shown as P.T.
Sta. 25+50 on the "Official Map of Location and Survey of a portion of Section 8706, designated as part of
State Road A-1--A in Dade County, Florida', prepared by the State Road Department of the State of Florida,
as recorded in Mop Book 56, at Page•71 of the Public Records of Dade County, Florida. Sold point being the
point of tangency of the original centerline of the Douglas MacArthur Causeway running Easterly and South
Easterly from the Westerly limits (West Bridge) of Watson- Island as shown on Sheet 3 of the State Road
Department Right —of -Way Map, Section No. (8706-112) 87060-2117, revised March 25, 1959, said most
Northerly curve having a radius of 1432.69 feet and a central angle of 62' 00' 00"; thence South 59' 51' 26"
West departing radially from said centerline a distance of 987.36 feet to a Projected Bulkhead line; thence
North 17' 12' 21" West along said bulkhead line; a .distance of 238.86 feet to the Point and Place of •
Beginning; thence South 49' 32' 57" West departing said bulkhead line a distance of 550.92 feet to a point
of intersectiop of lines of turning basin limit as established by U.S. Army Corps of engineers and position by
coordinates North 527,678.62 feet East 926,135.22 feet (based' on North American Datum .1983—NAC83) with •
the Northerly line of the Miami Main Ship Channel; thence North 31' 31 03.50" West, along the limits of said
turning basin a distance of 428.44 feet to a point of intersection with the East right of way line of the
intracoastal waterway; thence North 03' 27' 54" West along said East right of way line a distance of 874.43
feet to a point .of intersection with the Southerly right of way line of said Douglas MacArthur Causeway, said
point of intersection being a point on a curve concave Southerly and havinga radius of 10,716.59 feet, a
radial line to said point bears South 01' 15' 15" East; thence run Easterly for 387.46 feet along the arc of
said curve and along said Southerly right of way line, through a central angle of 02' 04' 17" to a point of
tangency, thence'South 89' 10' 55" East continuing Easterly along the said Southerly right of way.line, a
distance of 32.06 feet more or less to a point of intersection with an existing bulkhead Line; thence South
17' 12' 21" East along said bulkhead line a distance of 924.70 feet to the Point of Beginning.
PARCEL 1 NOW KNOWN AS;
Tracts A, B and C t.f "WATSON ISLAND SOUTHWEST", according to the plat thereof as recorded ln'.Pi•ot Book
166, Page 11, of the Public Records of Miami —Dade County, Florida.
"A" 1 of 1
*NOTE: The title search period for this original Opinion must cover the time period to within 30 days prior to submittal of signed water and sewer
addendum. FOR WARRANTY DEEDS, EASEMENTS, COVENANTS AND N1fT S, ?� I� 1 ;t F�IErO t {iQN VJ S fy OVE t; f E �tI J?YE�107,010110
1 +x1v;�1`'I .ybrF�o I OF THE DEED, EASEMENT, COVENANTOR UNITY. W
The opinion for all,
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its and N.V.
a3crgiy m,o Y ita propertytiowner cor
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MIAMI-DADE COUNTY
MIAMI-DADE WATER AND SEWER DEPARTMENT
OPINION OF TITLE
To: MIAMI DADE COUNTY, a political subdivision of the State of Florida.
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hereinafter described or for acceptance of a warranty deed, easement, covenant or unity of title, as applicable, it is
hereby certified that I (we) have examined the complete Abstract of Title or Title Policy Number , issued by
0 4MNI(Gt.
dated and the following: , covering the period from the
inclusive, of the following described real property:
RP*
, at
iLeciq'j tree1.orFas 1104a1nnutiff vv,e'fi
o %egai bdtirn@ tl
Basing my (our) opinion on said complete abstract or title policy covering said period I (we) am (are) of the opinion that on the last mentioned
date the fee simple title to the above described real property was Rife
With Manager/Managing Member authorized to sign on behalf of
Subject to the following liens, encumbrances and other exceptions:
GENERAL EXCEPTIONS
1. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics or materialmen's liens..
5, Zoning and other restrictions imposed by governmental authority
SPECyr�ny9rti^ uNfk(.
tGa i l"rjS o th js or ctio
Respectfully submitted this day of , 2015
Print Name
Signature
Florida Bar Number
a Delaware Limited Liability Co,
ri�i;hap v{at�r�=an�di se�e�� �a��,��men
Firm Name
Address
Phone Number
*NOTE: The title search period for this original Opinion must cover the time period to within 30 days prior to submittal of signed water and sewer
agreements or an assignment. FOR WARRANTY DEEDS, EASEMENTS, COVENANTS AND UNITIES OF TITLE, THE OPINION MUST COVER THE TIME
PERIOD THROUGH THEDATE OF EXECUTION OF THE DEED, EASEMENT, COVENANTOR UNITY.
MIAMI-DADE COUNTY
MIAMI-DADE WATER AND SEWER DEPARTMENT
OPINION OF TITLE
To: MIAMI DADE COUNTY, a political subdivision of the State of Florida.
With the understanding that this original opinion of Title is furnished to MIAMI-DADE COUNTY, FLORIDA, as an inducement for execution of an
agreement covering the real property hereinafter described or for acceptance of a warranty deed, easement, covenant or unity of title, as applicable, it is
hereby certified that I (we) have examined the City records for the Property as described below:
I have searched the Miami Dade County Property Appraiser Public Records and certain City of Miami Municipal Records concerning the City of
Miami Facility named island Gardens afWatson.isand, located at City of Miami, Florida 331
(Legal description as it appears in agreement or legal document)
Basing my (our) opinion on said complete abstract or title policy covering said period I (we) am (are) of the opinion that on the last mentioned
date the fee simple title to the above described real property was vested in: CITY OF MIAMI, a Florida Municipal Corporation.
With
Manager/Managing Member authorized to sign on behalf of
Subject to the following Hens, encumbrances and other exceptions:
Flagstone Island Gardens; LLC a Delaware Limited Liability Co.
GENERAL EXCEPTIONS
1. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics or materialmen's liens.
5. Zoning and other restrictions imposed by governmental authority
SPECIAL EXCEPTIONS
❑ No special exceptions exist
❑ Special exceptions (indicate details on separate sheet)
None of the exceptions listed above will restrict the use of the property for the purposes set forth in the water and sewer agreement,
assignment, warranty deed, easement, covenant and unity of title, as applicable.
I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice law in the State of Florida, and am a member in good
standing of the Florida Bar.
Respectfully submitted this day of , 2015
Rafael E. Suarez -Rivas, Esq.
ASSISTANT CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY
444 S.W. 2ND Avenue, Suite 945
Miami, Florida 33130-1910
(305) 416-1800
Florida Bar#