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CFN: 20130655130 BOOK 28779 PAGE 2557
DATE:08/19/2013 05:16:31 PM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
MIAMI OUTBOARD CLUB, ID# 21141
AGREEMENT
FOR
WATER AND SANITARY SEWAGE FACILITIES
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
This instrument prepared by:
Nora Palau
New Business Section
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
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MIAMI OUTBOARD CLUB, ID# 21141
CFN: 20130655130 BOOK 28779'PAGE 2558
THIS REEMENT, made and entered into at Miami -Dade County, Florida,
this / day of �r%,,f if2; , 2013 by and between
Miami -Dade County, a political subdivisio i 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 the CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter designated as the "CITY", whose mailing
address is: c/o City Manager, 3500 Pan American Drive, Miami, Florida 33133.
WITNESSETH:
WHEREAS, the CITY desires water and sewer service to be rendered to property
owned by 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 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". The CITY has 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 or shall be construed to be a waiver thereof. No waiver or
indulgence of any breach of this Agreement or series of breaches shall be deemed or
construed as a waiver of any other breach of same or as voiding or altering any other
obligation of the parties under this Agreement or any other Agreement. No order or directive
given by the COUNTY or its agents shall be considered as waiving any portion of this
Agreement unless done in writing by a person having actual authority to grant such waiver.
3. 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 the following Agreements and Orders as
currently in effect or as amended: Settlement Agreement between the State of Florida
Department of Environmental Protection, hereinafter designated as the "DEP", and the
COUNTY dated July 27, 1993; the FrstAmendmentto the Settlement Agreement between
DEP and the COUNTY dated December 21, 1995; the First Partial Consent Decree and the
Second and Final Partial Consent Decree entered in the case of United States of America
Environmental Protection Agency (EPA) v. Metropolitan Dade County (Case Number 93-
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1109 CIV-Moreno); the Consent Order between DEP and the COUNTY filed on April 29,
2004; and court orders, judgments, consent orders, consent decrees and the like entered into
between the COUNTY and the United States, the State of Florida and/or any other
governmental entity; and all other current, subsequent or future enforcement and regulatory
actions and proceedings,
4. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY
will provide an adequate domestic water supply for the CITY'S property and will receive and
dispose of sanitary sewage from the CITY'S property. The CITY 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 CITY acknowledges that, to the extent that water or sewer
service will ultimately be rendered to the CITY'S property by a volume customer, the CITY is
a new retail user provided water or sewer service from a volume customer, and
acknowledges that it is responsible for payment of connection charges; however, in the event
that water or sewer service is provided directly by the COUNTY, the CITY acknowledges that
it is a new retail customer of the COUNTY and accordingly also liable for payment of
connection charges. The CITY 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 to connect to the COUNTY'S sewer system
nine thousand five hundred thirty (9,530) square feet of existing country club (with kitchen),
representing an average daily gallonage of four thousand seven hundred sixty-five (4,765)
gallons, and forty (40) marina slips representing an average daily gallonage of two thousand
four hundred (2,400) gallons, both on septic tank and currently connected to the COUNTY'S
water system. Therefore, the agreed total average daily gallonage increase is seven
thousand one hundred sixty-five (7,165) sewage gallons, resulting in sewer connection
charges in the amount of forty thousand one hundred twenty-four dollars ($40,124.00).
However, sewer connection charges shall be calculated at the rates in effect at the time of
actual connection to the COUNTY'S sewer systems. The DEPARTMENT'S current
connection charge rates are five dollars and sixty cents ($5.60) per gallon per day for sewer.
The sewer connection charge rates are subject to revision by the Board of County
Commissioners at any time. The CITY shall pay fees and/or charges specified herein with
the agreement, The DEPARTMENT shall not, under any circumstances, render sewer
service to the CITY'S property until such time as the fees and/or charges specified herein
have been paid in full.
5. OTHER USES ON THE PROPERTY, If the CITY constructs buildings other
than those outlined in paragraph 4 above, or otherwise changes the use of structures built
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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
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 COUNTY owns and operates an existing
twelve (12) inch water main located within and perpendicular to the northwestern boundary of
the property, to which the CITY shall connect and extend a twelve (12) inch water main
southeasterly in an exclusive DEPARTMENT easement to a point close and west of the
existing boat hoists. Also, two (2) fire hydrants are being proposed along the aforementioned
proposed twelve (12) inch water main. Any other public water main extension within the
property shall be twelve (12) inch minimum in diameter, The COUNTY also owns and
operates an eight (8) inch gravity sewer main within and perpendicular to the northwestern
boundary of the property, to which the CITY shall connect and extend an eight (8) inch
gravity sewer main southeasterly in an exclusive DEPARTMENT easement to a point close
to and northwest of an existing one-story CBS building. Also, a six (6) inch gravity sewer
lateral extension is being proposed along the aforementioned proposed eight (8) inch gravity
sewer main. The CITY shall provide an additional sewer meter to the pump -out connection
to the boat slip. The existing septic tank system is to be abandoned. 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.
7. BRICKELL BASIN II SEWER CONSTRUCTION CONNECTION CHARGES,
The COUNTY hereby represents and the DEVELOPER acknowledges that the gravity sewer
basin that will serve the DEVELOPER'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 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. 12-36. The DEVELOPER acknowledges and agrees that it shall
pay to the COUNTY said special connection charge in the amount of three dollars and ninety
cents ($3.90) 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
twenty-seven thousand nine hundred forty-three dollars and fifty cents ($27,943.50), due
prior to the issuance of a water and sewer Verification Form(s). 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
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—MIAMI OUTBOARD CLUB, ID# 21141-
CFN: 20130655130 BOOK 28779 PAGE 2561
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 arising out of the construction of said improvements.
8. 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 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 orforthe 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 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 Miami -Dade Department of
Permitting Environment and Regulatory Affairs (PERA). 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 consideration of that hold.
9. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost
and expense shall cause to be designed, constructed and installed all of the necessarywater
and sewer facilities provided for in this Agreement unless otherwise specified. The facilities
shall include any and all watermains, 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.
10. 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
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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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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,
16. 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
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Coast Railroad may require that the COUNTY be named as permittee for certain construction
activities even though the CITY or the CITY'S contractor will actually perform the work. To
insure that the COUNTY will incur no costs or liability as a result of being named permittee on
such permits, the CITY shall provide sufficient security as acceptable to the COUNTY which
shall indemnify and protect the COUNTY from all claims, actions, judgments, [ability, loss,
cost and expense, including reasonable attorney's fees, related to work performed by the
CITY pursuant to such permits. The security shall be furnished prior to the start of
construction and shall be in a'n amount equal to the COUNTY'S cost estimate for the permit
work. The CITY shall have sixty (60) days to resolve any claims by a permittor. Otherwise,'
the DEPARTMENT shall be entitled to pay said claims from the security. The CITY shall be
liable for all costs in excess of the security.
17. 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.
18. 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 CITY shall pay all applicable
installation fees.
19. SEWAGE PUMPING STATION AND SEWER FORCE MAIN
CONSTRUCTION CONNECTION CHARGE. The DEVELOPER shall pay the COUNTY a
sewer construction connection charge equal to thirty-nine cents ($0.39) per each average
daily gallon to be connected to the COUNTY'S sewer system for its pro-rata share of the
actual construction cost of COUNTY Sewage Pumping Station Number 1203 and related
sewer force main, constructed and installed by other parties (ID# 14731), resulting in a
construction connection charge of two thousand seven hundred ninety-four dollars and thirty-
five cents ($2,794.35). Per annum simple interest as established and authorized by Section
687.01, Florida Statutes, will accrue on the construction connection charge from February 20,
2003, to the date of payment by the DEVELOPER. The interest rate used shall be the rate
established by Section 687.01, Florida Statutes, at the time of payment by the DEVELOPER.
The DEPARTMENT shall not, under any circumstances, render water and/or sewer service
to the DEVELOPER'S property until such time as the construction connection charge(s) and
interest specified herein have been paid in full.
20. TREATMENT AND TRANSMISSION CAPACITY. In addition to the covenants
and conditions set forth herein, water and sewer service to be rendered by the COUNTY is
subject to the following:
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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,
b. Sufficient available capacity in the COUNTY'S sewage 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 the CITY does not
utilize the yearly amount of water or sewage treatment facility allocation specified in Exhibit
"C", said amount will be available to the CITY 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 CITY is granted necessary sewer allocation, as specified in
paragraph 3 hereinabove. However, it is mutually agreed and understood by the COUNTY
and the CITY 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 CITY agrees that the COUNTY shall not be liable or in any way responsible for any costs,
claims or losses incurred by the CITY 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 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
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CFN: 201-30655130 BOOK-287-79 PAGE 2565
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.
23, CONVEYANCE OF TITLE. Conveyance of all easements shall be by separate
instruments in recordable form as approved by the COUNTY and shall be accompanied by a
written opinion of title by an attorney licensed to practice law in the State of Florida, which
states that the 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. Failure of the CITY to provide proper
conveyances shall be cause for the COUNTY to refuse to render service to the CITY'S
property.
24. 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 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.
25. 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.
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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 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.
26. 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
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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.
27. INDEMNIFICATION CLAUSE. Subject to the provisions of Section 768.28,
Florida Statutes, 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 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 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.
28. 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,
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CFN: 20130655130 BOOK 287-79-PAGE-2568
MIAMI OUTBOARD CLUB, ID# 21141
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.
29. SERVICE CHARGES. The CITY 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.
30. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make
full use of the water and sewer facilities to be owned by the COUNTY as contemplated herein
to serve other customers at any time.
31. OPINION OF TITLE. With the execution of this Agreement, the CITY at its
own expense shall deliver to the DEPARTMENT an opinion 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.
32. 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 the Miami -Dade County Department of Permitting, Environment, & Regulatory Affairs
(PERA, formerly PERM) 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.
33. 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
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MIAMLOUTBOARD_CLUB, ID# 21141
CFN. 20130655130 BOOK-28779 PAGE 2569
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 the COUNTY for all sums of money and all obligations due hereunder unless
released in writing by the COUNTY,
34. 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.
35. 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.
36. 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 CITY shall pay all recording fees.
37. 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,
38. 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.
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MIAMI OUTBOARD CLUB, _ID#_21141
CFN: 20130655130-BOOK-28-7-79-PAGE-2570
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:
6
signature
By:
V,... / • AN,P lam.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MIAMI-DADE COUNTY
Zaba S. Castro, Es9 eew/Susiness Manager
ar
For: John W prrfrow, P.E., Director
Miami -Dade Water and Sewer Department
The foregoing instrument was acknowledged before me this
//
, 2013, by Zaba S. Castro, Esq., New Business Manager, for
day of
John W. Renfrow, P.E., Director, of the Miami -Dade Water and Sewer Department, who is
personally known to me and did not take an oath.
CENISE CHUNG
Notary. Public - State of Florida.
• c My Comm. Expires Aug 12, 2014
Commission # EE 16942
Bonded Through National Notary Assn.
Serial Number
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CFN: 20130655130-BOOK 28779 PAGE 2571
MIAMI OUTBOARp.CLUB, IO#21141.
ATTEST:
c y or
By:
giaALLIM
Print name
(Affix City Seal)
y Clerk
ettz-
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Approved as to Legal Form & Sufficiency:
Julie.O.... ryt City _Attorney
g
CITY OF MIAMI, A FLORIDA
MUNICIPAL CORPORATION
Signatur645f CIManager
Print rrame
Approved;12anoe Requirement
/Calv'in Elli
isk Management Direct
The foregoing instrument was ackno !edged before me this iq day of
, City Clerk, and
City Manager, of the City of
Miami, who are personally known to me and did not take an oath.
v � , 2013, by ,
if
Approved for Legal Sufficiency:
sistant County Attorney
Page 15 of 15
Serial Number
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CFN. 20130655130-BOOK-28779-PAGE 2572
MIAMI OUTBOARD CLUB, ID# 21141
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
LEASE AREA 1
COMMENCE AT A POINT SHOWN AS P.T. STA. 47+16.98 ON THE OFFICIAL MAP
OF LOCATION AND SURVEY OF A PORTION OF A SECTION 8706, DESIGNATED
AS A PART OF STATED ROAD A-1-A INDADE COUNTY, FLORIDA, AS RECORDED
IN MAP BOOK 50 AT PAGE 71 AT THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, SAD POINT BEING THE POINT OF TANGENCY OF THE CENTER LINE
OF THE: MOST SOUTHERLY CURVE OF GENERAL DOUGLAS MCCARTHUR
CAUSEWAY RUNNING NORTHWE STERTY 'PROM THE SOUTHEASTERLY
CORNER OF WATSON ISLAND AND HAVING A RADIUS OF 1910,08 FEET AND A
CENTRAL ANGLE OF 34°47"15", THENCE NQRTH 26°05' " EAST ALONG THE
RADIAL LINE OF THE ABOVE MENTIONED CURVE FOR A DISTANCE OE 66,00
FEET FROM THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREINAI- I tR DESCRIBED, THENCE NORTHWESTERLY ALONG THE '
NORTHERLY RIGHT-OF-WAY LINE OP SAID GENERAL DOUGLAS MCART'HUR
CAUSEWAY, SAID LINE BEING THE ARC OF A CURVE HAVING A RADIUS OF
1845,08 FEET ANDA CENTRAL ANGLE OF 23°0810", FOR A DISTANCE OF 746,06
FEET TO A POINT, THENCE NORTH 59"39"35" EAST, A INSTANCE OF 849.64
FEET, MORE OR LESS, TO A POINT, THENCE SOUTH 1'1°20'25" EAST, A
DISTANCE OF 816,62 FEET, MORE OR LESS, TO THE POINT OF BIGINNING.
CONTAINING' 477 ACRES, MORE OR LESS (1,74 AORES MORE OF LESS BEING
SUBMERGED LAND).
ALSO INCLUDED THE SUMERGED LAND EAST OF SAID BULKHEAD LINE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS
FROM SAID POINT OF BEGINNING, THENCE NORTH 11°20'26" WEST ALONG
SAID BULKHEAD LINE, A DISTANCE OF 816.62 FEET MORE OR LE; THENCE
DEPARTING SAID BULKHEAD LINE SOUTH 33°34'52" EAST; A DISTANCE OF
222,43 FEET; THENCE SOUTH 080 '53' EAST A DISTANCE 208.77 FEET; THENCE
SOUTH 00°54'00" EAST A DISTANCE OF 408.86 FEET TO THE POINT OF
BIGINNING. CONTAINING 0.82 ACRES MORE OR LESS (BEING SUMERGED
LAND),
LEASE AREA 2,
THAT PORTION OF LAND LOCATED ON WATSON ISLAND, NORTHEASTERLY OF
THE NORTHEASTERLY RIGHT OF WAY LINE OF STATED ROAD A-1-A
(MCARTHUR CAUSEWAY)` AS SHOWN ON THE STATE OF FLORIDA STATE ROAD
DEPARTMENT RIGHT OF WAY MAP FOR SECTION 87060-2117 FILED FOR
RECORD UNDER ROAD MAP BOOK 68, AT PAGE 44, OF THE PUBLIC RECORDS
OP DADE COUNTY, FLORIDA. LYING IN SECTIONS 31 AND 32, TOWNSHIP 53
"A" 1 of 2
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MIAMI OUTBOARD CLUB, ID# 21141
CFN: 20130655130 BOOK 28779 PAGE 2573
SOUTH, RANGE 42 EAST CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A POST BUCKLEY, SCHUE & JERNIGAN, INC. (PBSJ) BRASS
DISK LOCATED IN A CONCRETE SIDEWALK OF MCARTHUR CAUSEWAY BRIDGE
(EASTBOUND) WHOSE COORDINATES ARE NORTH-529,095.3656, EAST-
926,816.0990, BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM.
NORTH AMERICAN DATUM OF 1983/1990. FLORIDA EAST ZONE. THENCE
$44°10°12ft FOR 870.55 FEET TO THE POINT OF TANGENCY OF THE EXISTING
SOUTHWESTERLY RIGHT OF WAY LINE AT STATION 216+25,58 (65.00 FEET
RIGTH) OF STATE ROAD A-1-A AS SHOWN ON THE ABOVE MENTIONED STATE
ROAD DEPARTMENT RIGTH OF WAY MAP, THENCE N5905126°E FOR 65.00 FEET
TO A POINT ON THE CENTER LINE OF SAID STATE ROAD A-1-A, THENCE
S30°08`34'E ALONG SAID CENTERLINE FOR 1007.94 FEET TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE TO THE Len HAVING A RADIUS OF
1910.08 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRU A
CENTRAL ANGLE OF 11°39'13" FOR AN ARC DISTANCE OF 358.50 FEET; THENCE
N49419'02"E FOR, 77.43 FEET TO THE POINT OF BEGINNING OF A PARCEL OF
LAND HEREINAFTER DESCRIBED, THENCE NOVOVE FOR 537,44 FEET;
THENCE 559�29'18'W FOR 123.83 FEET; THENCE S35°24'42'W FOR 110,6'2 FEET;
THENCE 1%157°66'11V FOR 120.75 FEET TO THE POINT 05 CURVATURE OF A
CIRCULAR CURVE TO THE LEFT HAVING FOR ITS ELEMENTS A RADIUS OF
60,00 FEET AND A CENTRAL ANGLE OF 10902604', THENCE. WESTERLY AND
SOUTHERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF
114.60 FEET To THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE
TO THE RIGHT HAVING FOR ITS ELEMENTS A RADIUS OF 250.00 FEET AND A
CENTRAL ANGLE OF 16Q3804THENCE SOUTHERLY ALONG THE ARC OF SAIL
CURVE FOR AN ARC DISTANCE OF 65,22 FEET; THENCE 828012'47V FOR 52,00
FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE' LEFT
HAVING FOR ITS FI FMENTS A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE
OF 5802'03"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE FOR AN
ARC DISTANCE OF 14249 FEET TO THE POINT OF BIGINNING. CONTAINING
1.013 ACRES MORE OR LESS, OF WHICH 0.0321 ACRES ARE SUBMERGED
LANDS.
ALSO INCLUDING THE FOLLOWING DESCRIPTION FOR SUBMERGED LANDS:
COMMENCE AT THE POINT OF BEGINNING FOR THE PARCEL OF LAND
DESCRIBED ABOVE, THENCE N40P10102'E FOR 444.20 FEET MORE OR LESS TO
THE POINT OF BEGINNING OF A PARCEL OF SUBMERGED LAND. THENCE
CONTINUE N49°19'02E FOR R3.24 FEET MORE OR LESS. THENCE S60020118"
FOR 8543 FEET MORE LESS TO A POINT ON THE APPROXIMATE HIGH WATER
LINE BISCAYNE BAY, THENCE SOUTHEASTERLY LONG SAID APPROXIMATE
HIGH WATER LINE FOR 32.16 FEET MORE OR LESS To THE POINT OF
BEGINNING CONTAINING 0.032 ACRES MORE OR LESS (BEING SUBMERGED
LAND).
"A" 2 of 2
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CFN: 20130655130-BOOK 28779-PAGE 2574
7MII YAtMl•: DE ii
MIAMI - DADE WATER AND SEWER DEPARTMENT
EXHIBIT "A" -1
LOCATION SKETCH
SCALE: N.T.S
THIS IS NOT A SURVEY.
N
w
MIAMI OUTBOARD CLUB
AGMT ID# 21141
FOLIO# 01-3231-000-0013
MIAMI-DADE COUNTY SEC 31-53-42
APRIL 2, 2013
i
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MIAMI OUTBOARD -CLUB,, ID# 21141
CFN. 20130655130-BOOK 28779-PAGE 2575
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 3001 sq. ft.)
320 gpd/unit (30015000 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" 1 of 2
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TYPES OF LAND USES (CONTINUED)
Page 5 of 6
CFN: 20130655130-BOOK 28779-PAGE-2576
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 carelNursery
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 sqft.
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
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MIAMI OUTBOARD CLUB, ID# 21141
CFN: 20130655130 BOOK -28779-PAGE 2577
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS
Construct and connect to the County's
sewer system:
GALLONAGE
(gpd)
COMPLETION OF
BUILDING CONNECTION
9,530 sq-ft of country club (with kitchen) 4,765 2013 - 2014
40-slip marina 2,400 2013 - 2014
"C"1 of 1
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