HomeMy WebLinkAboutExhibitDDA DOWNTOWN RESTROOM, ID# 23551
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
DDA DOWNTOWN RESTROOM, ID# 23551
THIS AGREEMENT, made and entered into at Miami -Dade County, Florida,
this day of , 2017, 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, Suite 325, Miami, Florida 33130.
WITNESSETH:
WHEREAS, the CITY desires to water and sewer service to be rendered to property
leased by the CITY, and
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter
designated as the "DEPARTMENT", operates the water and sewer 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 leases a certain tract of land in Miami -Dade
County, Florida, from the COUNTY, per a Lease Agreement dated December 22, 2016,
approved by Resolution R-1039-16, which property 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 sewer system is subject to
the terms, covenants and conditions set forth in court orders, judgments, consent orders,
consent decrees and the like entered into between the COUNTY and the United States, the
State of Florida and/or any other governmental entity, including but not limited to, the
Consent Decree entered on April 9, 2014, in the United States of America, State of Florida
and State of Florida Department of Environmental Protection v. Miami -Dade County, Case
No. 1:12-cv-24400-FAM, as well as all other current, subsequent or future enforcement and
regulatory actions and proceedings.
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DDA DOWNTOWN RESTROOM, ID# 23551
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 construct and connect
to the COUNTY'S water and sewer systems one (1) public bathroom, representing an
average daily gallonage of three hundred twenty (320) gallons, resulting in agreed total
combined water and sewer connection charges in the amount of two thousand two hundred
thirty-six dollars and eighty cents ($2,236.80). However, water and sewer connection
charges shall be calculated at the rates in effect at the time of actual connection to the
COUNTY'S water and sewer systems. The DEPARTMENT'S current connection charge
rates are one dollar and thirty-nine cents ($1.39) and five dollars and sixty cents ($5.60) per
gallon per day for water and sewer, respectively. The water and sewer connection charge
rates are subject to revision by the Board of County Commissioners at any time. The CITY
shall pay fees and/or charges specified herein at the time of issuance of Verifications
Form(s). The DEPARTMENT shall not, under any circumstances, render water and/or
sewer service to the CITY'S property until such time as the fees and/or charges specified
herein have been paid in full.
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 "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 DEPARTMENT shall provide points of
connection to the CITY based on the project as specified in the Agreement. The CITY shall
provide plans for the DEPARTMENT'S review based on the points of connection. Points of
connection shall not be changed without prior approval by the DEPARTMENT.
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DDA DOWNTOWN RESTROOM, ID# 23551
7. REMOVAL/RELOCATION OF FACILITIES. The CITY hereby acknowledges
and agrees that any existing COUNTY water 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 and/or maintenance/access corridrs
associated with said facilities released and/or relocated. Said relocation and/or removal of
facilities shall be performed by or for the DEVELOPER in accordance with plans 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 facilities and
releasing and/or relocating of associated easements and/or maintenance access corridors
are conditions precedent to the issuance of water and sewer verification forms for
construction of those proposed buildings that conflict with said water 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
Regulatory and Economic Resources (RER). The determination of the availability for
placement of said hold shall be within the sole discretion of the DEPARTMENT. Those
projects that are not within the jurisdiction of the COUNTY'S building permitting process
shall not be eligible for consideration of that hold.
8. DESIGN 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 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 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.
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.
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DDA DOWNTOWN RESTROOM, ID# 23551
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. COUNTY AS PERMITTEE. Certain federal, state and county agencies,
including but not limited to the State of Florida Department of Transportation, the South
Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East
Coast Railroad may require that the COUNTY be named as permittee for certain
construction activities even though the 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, liability, 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 an 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.
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DDA DOWNTOWN RESTROOM, ID# 23551
16. WATER SERVICE LINES. Any water service lines two (2) inches or Tess 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.
17. TREATMENT AND TRANSMISSION CAPACITY. In addition to the
covenants and conditions set forth herein, water and sewer service to be rendered by the
COUNTY is subject to the following:
a. Issuance of a valid operation permit by the State of Florida for the
COUNTY'S sewage treatment facility serving the CITY'S property which
allows additional connections,
b. Sufficient available capacity in the COUNTY'S sewer system and connection
approval, as specified in paragraph 3 herein,
c. Available water by the COUNTY.
However, in no event will the COUNTY be obligated to supply any more water or sewage
treatment capacity in any one year than is called for by the building connection schedule
attached hereto and made a part hereof as Exhibit "C". Any variation from said
connection schedule which results in increased yearly demand on the water resources or
sewage treatment facility capacity of the COUNTY not specifically provided for in Exhibit
"C" shall be subject to the written approval and consent of the DEPARTMENT and shall be
dependent on the availability of the water resource and the various restrictions placed on
the supply of water or the disposal of sewage by local, state and federal government
agencies and the physical limitations on the COUNTY'S supply and treatment capacity. If
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.
18. 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 4 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.
19. 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 and/or
maintenance/access corridor for water facilities and a fifteen (15) foot wide easement
and/or maintenance/access corridor for sewer facilities. Both require a twenty-five (25) foot
minimum vertical clearance above the finished grade. The DEPARTMENT shall have
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DDA DOWNTOWN RESTROOM, ID# 23551
twenty-four (24) hour access to the easement and/or maintenance/access corridor for
emergency purposes. The DEPARTMENT shall record the maintenance/access corridor
information as a Notice of Facilities. The CITY shall pay for all recording fees. If the
facilities are not located in platted easements, then easements and/or maintenance/access
corridor 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 and/or maintenance/access
corridor area which would prevent the DEPARTMENT, at its sole discretion, from making
full use of the easement and/or maintenance/access corridor, 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 and/or maintenance/access corridor 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 and/or maintenance/access corridor; 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.
20. 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.
21. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of
the water and/or sewer facilities contemplated herein for COUNTY ownership, the
COUNTY shall provide a conveyance package 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 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 as -built drawings which meet the requirements set
forth in the latest revision of the DEPARTMENT'S "Rules and Regulations and 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. Approval by the COUNTY of all required documents and drawings 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.
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DDA DOWNTOWN RPSTROOM, ID# 23551
22. 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.
23. 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
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. This paragraph is subject to
the limitations of Section 768.28, Florida Statutes.
24. 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
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DDA DOWNTOWN RESTROOM, ID# 23551
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.
25. 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.
26. 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.
27. 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 leases the property referred to herein.
28. 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
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. This paragraph is subject to the
limitations of Section 768.28, Florida Statutes.
29. 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
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DDA DOWNTOWN RESTROOM, ID# 23551
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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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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DDA DOWNTOWN RESTROOM, ID# 23551
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:
Nora Palou,
New Business Contracting Officer
For: Lester Sola, Director
Miami -Dade Water and Sewer Department
The foregoing instrument was acknowledged before me this day of
, 2017, by Nora Palou, New Business Contracting Officer, 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 11 of 12
DDA DOWNTOWN RESTROOM, ID# 23551
ATTEST: CITY OF MIAMI,
A FLORIDA MUNICIPAL CORPORATION
By: (SEAL) By: (SEAL)
Todd 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
2017, by , as City Clerk,
and , as City Manager, of the City of Miami, a Florida
municipal corporation, on behalf of the municipality. They are personally known to me or
have produced as identification and did/did
not take an oath.
Notary Public
print name Serial Number
Approved for Legal Sufficiency:
Victoria Mendez, City Attorney
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DDA DOWNTOWN RESTROOM, ID# 23551
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
Approximately the East 60 feet of Tract "C", of DOWNTOWN GOVERNMENT CENTER
— FIRST ADDITION, according to the Plat thereof, as recorded in Plat Book 127, at
Page 16, of the Public Records of Miami -Dade County, Florida.
"A" 1 of 1
MIAM1 - DADE WATER AND SEWER DEPARTMENT
400
275
\_NW-2ND ST—.—
270 h a. 186
144
_140_
120
201
3
01
200
50
22 201
200
230
205
0
155
111
-NW 1ST-ST
EXHIBIT "A" — 1
LOCATION SKETCH
SCALE: N.T.S
-THIS IS NOT A SURVEY-
430
400
NW.3RD ST___------
._._
Q 3 50
200 u) 40
225
W-FLAGLER ST
SW -1ST ST
13
122
195 /
95 57`
NW 2ND ST--
175
123
73
51
(J)
cn
L 70
99
49
45
Z
35
222
218
200
30 20 140
19
118
100
40
5. 25
o 27
.74
L40
22 24
19
0C
56 46 34 30 118
_ 1161
65 45 35 25 19 122
SW 2ND ST
200 - -
95RA, MP
91 -SW 3RD ST
62 50 44
30 312
DOA DOWNTOWN RESTROOM
AGMT ID# 23551
FOLIO# 01-4137-037-0010
MIAMI-DADE COUNTY SEC 01-54-41
MAY 15, 2017
DDA DOWNTOWN RESTROOM, ID# 23551
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 gpd1100 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 gpolseat
Retail/Store
10 gpd/100 sq. ft.
Theater
a) Indoor Auditorium
3 gpolseat
b) Outdoor Drive-in
5 gpd/space
Camper or R.V. Trailer Park
150 gpd/space
Banquet Hall
15 gpd/100 sq. ft.
a) With Kitchen
50 gpd1100 sq. ft.
"B" 1 of 2
DDA DOWNTOWN RESTROOM, ID# 23551
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 9pd/100 sq. ft.
Gas Station/Convenience Store/Mini-Mart
450 gpd/unit
a) wl Single Automated Car Wash
1,750 gpd/unit
Health Spa or Gym
10 gpd/100 sq. ft.
Veterinarian Office
20 gpd/100 sq. ft.
Kennel
15 gpd/cage
Marina
60 gpd/slip
Food Preparation Outlet (Bakeries, Meat Markets,
Commissaries, etc.)
35 gpd/100 sq. ft.
Pet Grooming
55 gpd/100 sq. ft.
INDUSTRIAL LAND USES
Airport
a) Common Area/Concourse
5 gpd/100 sq. ft.
b) Retail/Store
10 gpd/100 sq. ft.
c) Food Service
see restaurant use
House of Worship
10 gpd/100 sq. ft.
Hospital
250 gpd/bed
Nursing/Convalescent Home
150 gpd/bed
Public Park
a) With toilets only
5 gpd/person
b) With toilets and showers
20 gpd/person
Other Residential Institution/Facility
CLF: 75 gpd/bed
JAIL: 150 gpd/bed
OTHER: 100 gpd/person
School
a) Day care/Nursery
20 gpd/100 sq. ft.
b) Regular School (with or without cafeteria)
12 gpd/100 sq. ft.
Public Swimming Pool Facility
30 gpd/person
Industrial
a) Warehouse/Spec. Building
1 gpd/100 sq. ft.
b) Mini Storage
1.5 gpd/100 sq. ft.
c) Industrial - Wet
20 gpd/100 sq. ft.
d) Industrial - Dry
2.5 gpd/100 sq. ft.
LEGEND:
gpd - gallons per day
sq. ft. - square feet
NOTES:
1) Sewage gallonage refers to sanitary sewage flow on a per unit and/or use basis for average daily flow in gallons per day.
2) Condominiums shall be rated in accordance with the specific type of use (e.g., apartment, townhouse, warehouse, etc.).
"B" 2 of 2
DDA DOWNTOWN RESTROOM, ID# 23551
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS
GALLONAGE COMPLETION OF
(gpd) BUILDING CONNECTION
Construct and connect to the County's water
and sewer systems 1 public bathroom 320 2017 - 2018
"C" 1 of 1