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HomeMy WebLinkAboutExhibit - AgreementWater and Sewer PO Box 330316 3575 S. Lejeune Road Miami, Florida 33233-0316 T 786-268-5360 F 305-669-4059 miamidade.gov August 11, 2015 City of Miami 444 SW 2nd Avenue 3rd Floor Miami, Florida 33130 Re: Water and Sewer Agreement for B-30606 Flagler St from NW 1 Ave to Biscayne Blvd, ID# 22019. Ladies and Gentlemen: We are pleased to enclose the water and sewer document for B-30606 Flagler St from NW 1 Ave to Biscayne Blvd, ID# 22019, The County's offer of those terms and conditions contained in the document shall expire sixty (60) days from the date of this letter. If the document is satisfactory please print 2 sets for execution and returned to us with 1 original Opinion of Title using our format enclosed and $163.00 for the recording fees and, in addition, any amounts due with the execution of the documents as specified in the documents. Please note the legal description on the Opinion of Title should match the legal description initially submitted to the Department for the agreement preparation. Failure of the legal descriptions to match will result in time delays for your project. The documents shall not be binding upon either party until executed by the Department on behalf of the County and all monies due are received. When executed by the Department, we will forward one (1) fully executed copy for your files. This instrument was prepared using the information provided to us by the property owner and/or its agent. If you have any questions regarding this matter, please contact me at (786) 268-5209. Very truly yours Denise Chung New Business Section Enclosures 3f:l i., �'!•i. i f,.t74 .,: CON ° Uii.., GROWTH. 7aii';i', itft,?¢l t FAf! ANE. 1 r��l�r1'..1111 'ap;tir . u' r � I5''G,}I'i?fi*Erii yr standing of the Florida Bar. *NOTE: The title search period for this original Opinion must cover the time period to w,ithm 30;iys; 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 THE DATE OF EXECUTION OF THE DEED, EASEMENT, COVENANT OR 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 B, 30606.FL'gGLE wTzO` ISCAYNEXB(V(D, located at t ;° .. ;City of Nliarnj, /Legal description cis 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=Fiorida'.Murilclpaf Corporation. 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. 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 1 am an attorney -at -law duly admitted to practice law in the State of Florida, and am a member in good Respectfully submitted this day of , 2015 Victoria Mendez, 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# CITY OF MIAMI OPINION OF TITLE TO: MIAMI-DADE COUNTY, a political subdivision of the state of Florida. With the understanding that this opinion of title is furnished to MIAMI-DADE COUNTY, as an inducement for execution of an agreement for water and sewer connection covering the real property hereinafter described, it is hereby certified that I (we) have examined the City records for "Flagler Street Right-of-way" (or the "Property"), as described below. I have searched the Miami Dade County Public Records and certain City of Miami Municipal Records . concerning the right-of-way named Flagler Street located between one -hundred (100) feet west of NW/SW 1st Avenue to Biscayne Boulevard, The Property is legally described as follows, That portion of public right-of-way, known as Flagler Street, formerly known as 121h Street, pursuant to Plat Book "B', Page 41, of the Official Records of Miami -Dade County, Florida, from NW/SW 1st Avenue to Biscayne Boulevard, Basing my opinion on said public records, I am of the opinion that on the date of June 29, 2015 the fee simple title to the above described real property was vested in: The fee simple property owners abutting said right-of-way subject to a right of use in favor of the public held in trust by the City of Miami. I am further of the opinion that said right of use in favor of the public held in trust by the City of Miami is an interest of a sufficient nature so as to allow for the work contemplated by said agreement for which this opinion induces the execution thereof, Subject to the following liens, encumbrances, and other exceptions: GENERAL EXCEPTIONS • All taxes for the year in which this opinion Is rendered, unless noted below that such taxes have been paid, • Rights or persons other than the above owners who are in possession, • Facts that would be disclosed upon accurate survey, • Any unrecorded labor, equitable, statutory, mechanics' or material persons' liens. • Zoning, Comprehensive Planning, Building and other restrictions imposed by governmental authority, SPECIAL EXCEPTIONS NO XX YES (Please disclose) None of the exceptions listed above will restrict the use of the property for the purpose of encumbering said property with a restrictive covenant. 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 29th day of June; 2015, ANIEL S. GOLDBERG, ESQ, ASSISTANT CITY ATTORNEY, OFFICE OF THE CITY ATTORNEY VICTORIA MENDEZ 444 S,W, 2nd Avenue, Suite 945 Miami, Florida 33130-1910 (305) 416-1800 Florida Bar # 91435 Doc, No.: 1 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 AGREEMENT FOR WATER AND SANITARY SEWER FACILITIES BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI 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 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, this day of , 2015, by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY", whose mailing address is: c/o Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, Florida 33233-0316, and CITY OF MIAMI, a Florida municipal corporation, hereinafter designated as the "CITY", whose mailing address is: 444 S.W. 2 Avenue, Third Floor, Miami, Florida 33130. WITNESSETH: WHEREAS, the CITY desires to relocate and install off -site water and sewer main facilities within the municipal jurisdiction of the CITY, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated as the "DEPARTMENT", operates the water and sewage systems owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: 1. CITY'S PROPERTY. The CITY has municipal jurisdiction over a certain tract of land in Miami -Dade County, Florida, known as a portion of Flagler Street, a public right- of-way, which is legally described in Exhibit "A" attached hereto and made:a part hereof, hereinafter sometimes described as the "CITY'S property". The CITY has requested to relocate certain water and sewer facilities within the CITY'S property and the COUNTY agrees to allow the CITY 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 g iven by the COUNTY or its agents shall be considered as waiving any portion of Page 2 of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 this Agreement unless done in writing by a person having actual authority to grant such waiver. 3. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees that any right to connect the CITY'S property to the COUNTY'S sewage 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 CITY intends to relocate and construct off -site water sewer main facilities abutting the CITY'S property and requiring no service connections to the COUNTY'S water system with this Agreement. No building construction or connection is contemplated with this Agreement. Therefore, this Agreement contains no provision of service to the DEVELOPER'S property and no connection charges are due 5. . OTHER USES ON THE PROPERTY. If the CITY 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 "Er 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 CITY. If requested by the DEPARTMENT, the CITY 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 CITY for water services shall, pursuant to Exhibit :"A"-1: 1. For the portion of the project along West Flagler Street between N.W. Miami Court and North Miami Avenue, connect to an existing twelve (12) inch water main (E-11175-4) in N. Miami Avenue north of West Flagler Street close to the northwestern corner of the intersection between North Miami Avenue and West Flagler Street and install a twelve (1.2) inch water main southerly in North Miami Avenue to West Flagler Street connecting to an existing twenty (20) inch transmission water main (E-11175-1) at that Page 3 of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 location. 2. For the portion of the project along East Flagler Street between S.E. 3. Avenue and Biscayne Boulevard, relocate by cutting, plugging and abandoning in place a section of an existing twenty (20) inch transmission water main (E-11175-2) in E. Flagler Street between S.E. 3 Avenue and Biscayne Boulevard by connecting aforementioned existing twenty (20) inch transmission water main (E-11175-2) in E. Flagler, east of S.E..3 Avenue and close to the southeastern corner of the intersection between E. Flagler Street and S.E. 3Avenue and by extending a twenty (20) inch transmission water main easterly in E. Flagler to Biscayne Boulevard connecting to the aforementioned existing twenty (20) inch transmission water main (E-11175-2) at that location. 3. For the portion of the project along E. Flagler Street between N.E. 1 Avenue and N.E. 2 Avenue, relocate existing water services per engineer Water and Sewer Relocation Plan and Profile Sheet # WS-2. 4. For the portion of the project along W. Flagler Street between N.W. 1 Avenue and N.W. Miami Court, relocate an existing fire hydrant that is connected town existing twenty (20) inch transmission water: main (E 11175-1) in W. Flagler Street west of and, close of N.W. Miami Court to seven (7) feet from the edge of pavement. The CITY for sewer services shall, pursuant to Exhibit "A"-1: 1. For the portion of the project along West Flagler Street between N.W. Miami Court and N. Miami Avenue, relocate by cutting, plugging and abandoning in .place a section of an existing eighteen (18) inch gravity sewer (ES-6006-2) located in W. Flagler Street between N.W. Miami Court and N. Miami Avenue by connecting to the aforementioned existing eighteen (18) inch gravity sewer (ES-6006-2) in W. Flagler Street to existing manhole M.H. 218 (old number), (currently M.H. 881), and install an eighteen (18) inch gravity sewer easterly in W. Flagler Street to N. Miami Avenue connecting to an existing twenty-four (24) inch gravity sewer (ES-5116-1) at that location. 2., For the portion of the project along E. Flagler Street between N.E. 1 Avenue and. N.E. 2 Avenue, relocate by cutting, plugging and abandoning in place a section of an existing twelve (12) inch gravity sewer (ES-2823-1) in E. Flagler between N.E. 1 Avenue and N.E. 2Avenue by connecting to the aforementioned existing twelve (12) inch gravity sewer (ES-2823-1) in E. Flagler Street east of N.E. 1 Avenue, and by extending a twelve (12) inch gravity sewer easterly in E. Flagler Street to N.E. 2 Avenue connecting to an existing twelve (12) inch gravity sewer (ES-2823-1). manhole M.H. 226 (old number), (currently M.H. 1129) at that location. Also install six (6) inch sanitary sewer lateral services to the aforementioned proposed twelve (12) inch gravity sewer in E. Flagler Street. Other points of connection may be established subject to approval of the DEPARTMENT. 3. For the portion of the project along W. Flagler Street between N.W. 1 Avenue and N.W. Miami Court, remove an existing ten (10) inch gravity sewer main segment (ES 2826-1; from MH 208 (old number)/839 (new number) to MH 220A (old number)/(new number tobe assigned) in W. Flagler Street between N.W. 1 Avenue and N.W. Miami Court, and extend all existing sanitary sewer lateral services from Page 4 of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD; ID# 22019 the aforementioned existing ten (10) inch gravity sewer main (ES 2826-1) to an existing eighteen (18) inch gravity sewer main (ES 6006-2) located in W. Flagler Street between N.W. 1 Avenue and N.W. Miami Court north of said existing ten (10) inch gravity sewer main (ES 2826-1). 7. REMOVAL/RELOCATION OF FACILITIES. The CITY hereby acknowledges and agrees that any existing COUNTY water and sewer facilities and all appurtenances including fire hydrants within the CITY'S property that will conflict with proposed road improvements 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 CITY in accordance with plans and specifications to be approved by the COUNTY 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 CITY. The removal and/or relocation of certain water and sewer facilities and releasing and/or relocating of associated easements are conditions precedent to the conveyance of the water and/or sewer facilities. 8. DESIG.N AND CONSTRUCTION OF FACILITIES. The CITY at its own cost and expense shall cause to be designed, constructed and installed all of the necessary water and/or sewer facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and all water mains, valves; fittings, fire hydrants, firelines, service connections, service lines, shutoffs, meter boxes, air release valves, gravity sewer mains, laterals, manholes and all appurtenances thereto fora 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 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 CITY under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the CITY of responsibility for the quality and condition of materials and workmanship. Page5of15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 10. TESTS. During construction and at the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the CITY'S engineer and contractor, shall jointly be present to witness tests for determination of conformance with approved plans and specifications. The CITY shall notify the COUNTY a minimum of twenty-four (24) hours in advance of the tests. 11. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule construction meetings with the CITY'S representatives (Engineer, Project Manager, Construction Superintendent and others) at a place designated by the COUNTY with respect to project related matters upon twenty-four (24) hours' notice. 12. SUBCONTRACTORS AND CONSULTANTS. 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 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 CITY, 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 CITY shall be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies and all necessary permits for all facilities contemplated in this Agreement. 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 CITY is responsible for obtaining all permits as may be required for the work contemplated herein pursuant to the Code of Miami -Dade County. 15. 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 CITY hereby agrees to pay to the COUNTY its standard water service line installation charge, permit fees and service fees prior to any such installation. Page 6 of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 16. FACILITIES EASEMENTS If the facilities contemplated herein or any portion thereof are installed within private property outside of public right-of-way, the facilities shall be installed in the center of a twelve (12) foot wide easement for water facilities and fifteen (15) foot wide easement for sewer facilities. Both require a twenty-five (25) foot minimum vertical clearance above the finished grade. The DEPARTMENT shall have twenty-four (24) hour access to theeasement for emergency purposes. If the facilities are not located in platted easements, then easements shall be granted to the COUNTY by the CITY prior to the COUNTY'S installation of a water meter and/or the rendition of sewer service to the CITY'S property. The CITY 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 CITY shall remove same, at the CITY'S cost, at the direction of the COUNTY. 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, 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 CITY 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 CITY in replacing any such pavers or other structures removed by the DEPARTMENT. 17. CONNECTION/FRONTAGE BY OTHERS. Parties other than the CITY who own property, other than the CITY'S property, which has frontage to any water main, and/or gravity sewer main installed pursuant to this Agreement, may apply to the COUNTY for connections to said water main and/or gravity sewer main. If said parties actually connect and/or abut said facilities, the COUNTY will impose a construction connection charge equal to thirty-five dollars ($35.00) for the twelve (12) inch and forty-two dollars ($42.00) for the twenty (20) inch water main respectively and thirty-three ($33.00) dollars for the twelve (12) inch and eighteen (18) inch gravity sewers, multiplied by the front foot length of the connecting/abutting property which fronts and/or abuts the water mains and/or gravity sewer main as measured along the route of the main. The COUNTY will also impose construction connection charges on such other parties if said water mains and/or gravity sewer main are 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 CITY within one hundred eighty (180) days of receipt of same. However, the COUNTY'S liability for repayment to the CITY shall be limited to those amounts actually collected from others. This provision shall remain in effect fora period of twelve (12) years from the date of the Page 7 of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 Absolute Bill of Sale for the water main, gravity. sewer main and/or sewer force main facilities constructed by the CiTY. 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 Sale for the water main and/or gravity sewer main facilities constructed by the CITY 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 CITY'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. 18. CONVEYANCE OF TITLE. Conveyance of all easements required pursuant to Sec. 16 shall be by separate instruments in recordable form as approved by the COUNTY and shall be accompanied by a written opinion of title by an attorney licensed to practice law in the State of Florida, which states that the CITY is the owner of the property interest to be conveyed, subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY. The opinion shall also state that upon execution by the CITY, a valid and enforceable easement will be vested to the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. The details for all conveyances are specified herein. Failureof the CITY to provide proper conveyances shall be cause for the COUNTY to refuse to render service to the. CITY'S property, 19. 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. The properly executed documents shall be delivered to and accepted .by the COUNTY prior to the rendition of water and/or sewer service by the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. These conveyances shall be accompanied by copies of paid bills and/or lien waivers, releases, or satisfactions from all persons who performed work on 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 CITY 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 Page 6of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 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. 20. WARRANTY AND MAINTENANCE BOND. The CITY warrants that the water and sewer facilities to, be owned by the COUNTY shall be free from defects in materials and workmanship for a period of one (1) year from final acceptance by the COUNTY. Simultaneously with the conveyance of the water and/or sewer facilities, the CITY shall deliver to the COUNTY an executed maintenance bond 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 Percentage of Actual Construction Cost Water mains 25 Gravity sewers 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 CITY'S contractor as "Principal" and the CITY and the COUNTY as. "Co -obligees" or the COUNTY as sole "Obligee". In the alternative, the CITY may be named as "Principal" and the COUNTY as "Obligee". The Maintenance Bond shall remain in force for one (1) year following the date of final acceptance by the COUNTY of the work done pursuant to this Agreement to protect the COUNTY against losses . resulting from any and all defects in materials or improper performance of work. If there is no building construction underway within the CITY'S property at the time of conveyance, the COUNTY shall have the right to require that the term of the Maintenance Bond be extended for a period not to exceed an additional two (2) years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such. Page 9 of 16 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 defects which are discovered within the warranty period or periods as set forth above, failing which the COUNTY shall make such repairs and/or replacements of defective work and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all costs arising therefrom. The CITY also warrants that it shall be solely responsible for the repair of any damages to said facilities caused by persons in its employment. 21. TERM OF AGREEMENT. Both the CITY and the COUNTY recognize that time is of the essence and that this Agreement shall be deemed null and void and unenforceable if the CITY fails to comply with any of the following conditions, where applicable: a. After execution of this Agreement, work on the water and 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 CITY commences work on the water and 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. 22. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals, contractors and/or subcontractors. The CITY shall pay subject to the limitations of Section 768.28 Florida Statutes, all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection Page 10 of 15 B-30606 FLAGLER ST FROM NW LAVE TO BISCAYNE BLVD, ID# 22019 required by this Agreement or otherwise provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers, employees, agents and instrumentalities as herein provided. The provisions in this clause shall survive the termination or expiration of this Agreement, subject to the limitations of Section 768.28, Florida Statutes. 23. 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. . 24. USE OF FACILITIES BY COUNTY.. The COUNTY reserves the right to make full use of the water and/or sewer facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 25. MUNICIPAL JURISDICTION. With the execution of this Agreement, the CITY at its own expense shall deliver to the DEPARTMENT a certification for the CITY'S property, issued _by a qualified attorney licensed to practice law in the State of Florida, which states that the CITY has municipal jurisdiction over the property referred to herein. 26. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests must be performed. It is the responsibility of the CiTY to comply with all such requirements and to obtain all necessary approvals. In addition, the use of floating meters for construction purposes is subject to State of Florida requirements and approval by the COUNTY. The CITY may request approval for the use of floating meters prior to actual conveyance of title to the facilities to the COUNTY. However, the COUNTY may be required to execute documents to Miami -Dade Department of Regulatory and Economic Rage 11 of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 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 CITY 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 with the rendition of water service through the facilities constructed and installed by the CITY prior to conveyance of title to the COUNTY, including but not limited to those that result from failure to properly maintain and repair the water facilities, . 27. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage disposal service commitment provided for in this Agreement shall be transferred, assigned or. otherwise conveyed to any other party without the express written consent of the Director of the DEPARTMENT or his designee except as noted below. The .consent, of the DEPARTMENT shall not be required in connection with the sale, lease or other conveyance of property or any residential units or commercial establishments to any party who will be the ultimate user of the property, including but not limited to a bona fide purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent of the DEPARTMENT for assignments or transfers of any water and sewage disposal capacity allocation to any party who holds such property as an investment for resale or who intends to develop for sale a portion of the CITY'S property, so that the COUNTY can adequately. determine the demand for water and sewage disposal capacity and plan for the fair and equitable allocation of water and sewage disposal capacity among the residents of Miami -Dade County. Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the CITY'S property is transferred or conveyed, the CITY shall remain liable to th COUNTY for all sums of money and all obligations due hereunder unless released in writing by the COUNTY. 28. ENTIRE AGREEMENT. This. Agreement supersedes all previous agreements and representations, whether oral or written, between the CITY and the COUNTY and made with respect to the matters contained herein and when duly executed constitutes the complete Agreement between the CITY and the COUNTY, 29. 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. Page 12 of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 30. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records of Miami -Dade County, Florida, for the particular purpose of placing all persons upon notice of the provisions herein contained. The CITY shall pay all recording fees. 31. 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. 32. 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 13 of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 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 print name signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Tom Marko, Development Coordinator For: Lester Sofa, 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 Sola, Director, of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public print name Serial Number Page 14 of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 ATTEST: CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION By: • (SEAL) By: (SEAL) Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this • day of 2015, by Todd B. Hannon as City Clerk and Daniel J. Alfonso , as City Manager, of the City of Miami a Florida municipal corporation, on behalf of the corporation. They are personally known to me or have produced as identification and did/did not take an oath. Approved for Legal Sufficiency: Victoria Mendez, City Attorney Notary Public print name Serial Number Approved for Legal Sufficiency: Assistant County Attorney Page 15 of 15 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI LEGAL DESCRIPTION A PORTION OF THE PUBLIC RIGHT OF WAY OF FLAGLER STREET EXTENDING 100 FEET WEST OF S.W. 1ST AVENUE TO BISCAYNE BOULEVARD, LYING IN SECTION 37 TOWNSHIP 54 SOUTH, RANGE 42 EAST, CITY OF MIAMI, FLORIDA. "A"1of1 MIAMFGA©E COUNTY 1 49 L 45 _J 430 1, m _NW 3RD_S __.__._ 200 l i1 //I NW_1STST..__ • 0-i 400 01 33 -'' 99 . NE 4TH ST- __.—_11.1 233 dd z L. 2 � 35 1122. 7 0 25 222 T2.5 3 i 45I `j,O 89� _I_.. I 1137136 1 3E 175 3d213 iL l ._._ 41-2. 19 10� _W..ELAGLER ST Ia2 [1011 SW 2ND ST 200�_ 19 RAMA MIAMI - DADE WATER AND SEWER DEPARTMENT N.M1AMI AVE 122 48 76 12 { -. 98 145 16 601.� 325 EXHIBIT "A".— 1 LOCATION SKETCH SCALE: N.T.S -THIS IS NOT A SURVEY- 144I'j 400 300 NE 3RD ST, 1130 239 258 118 12073 7 1r2'4 107 1QJsi77" _3,3- 118 0 129' 4 170 I 7LJ 400 LNE4TH.ST 26 ._... t �D"jf P 230' I X52".- 330 I300' 234 244 35 r1NE.2ND ST 1275 I 214 50 201 ' 9 1 E,F1 AGLER C1•9 ^`200� 1l 230 208 1 235 110 101 202 248 _.__.SE 2ND ST----- cn 0 200 0 200 i '_D____ =y' y__�._,.__M SE 3RD ST- SE 411-1' ST m _. _._. _ Ut w -_-4®,, �' c9 t-� i .I-.._ 400 �. 355 255 -r---' BISCAYNE BOULEVARD,WAY - 0 64 114 ST : 22 256 2 7 SE 1 ST ST Q 166 147__ 168 101 135 -� 1 100/ 200 00 ('�'I1' .+ �7 300 401 ,.. / /50 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD AGMT ID# 22019 ATLAS PAGES F14 & E14 MIAMI-DADE COUNTY SEC 01-54-41 & 06/54/42 AUGUST 5, 2015 B-30606 FLAGLER ST FROM Nlltl 1 AVE TO BISCAYNE BLVD, ID# 22019 EXHIBIT "B" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI 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 3,001 sq. ft.) 320 gpd/unit (3,001-5,000 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/1 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"1of2 B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019 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) 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 0 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