HomeMy WebLinkAboutBack-Up DocumentsMARINE STADIUM RESTORATION PROJECT, ID# 30958
AGREEMENT
FOR
WATER AND SANITARY SEWER FACILITIES
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
This instrument prepared by:
Christopher Schaffer
New Business Contracting Officer
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
MARINE STADIUM RESTORATION PROJECT, ID# 30958
THIS AGREEMENT, made and entered into at Miami -Dade County, Florida,
this day of , 20_, 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
owned 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 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 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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MARINE STADIUM RESTORATION PROJECT, ID# 30958
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 remodel and connect a
six thousand six hundred thirty-six (6,636) seat auditorium, not previously connected to the
COUNTY'S water and sewer systems, representing an average daily gallonage of nineteen
thousand nine hundred eight (19,908) gallons, resulting in combined water and sewer
connection charges in the amount of one hundred thirty-nine thousand one hundred fifty-six
dollars and ninety-two cents ($139,156.92). However, water and sewer connection
charges shall be calculated at the rates in effect at the time of actual connection to the
COUNTY'S water and sewer systems. 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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MARINE STADIUM RESTORATION PROJECT, ID# 30958
7. REMOVAL/RELOCATION OF FACILITIES. The DEVELOPER hereby
acknowledges and agrees that any existing COUNTY water and/or sewer facilities and all
appurtenances, including fire hydrants, within the DEVELOPER'S property that will conflict
with proposed development must be removed and/or relocated, and all easements
associated with said facilities released and/or relocated. Said relocation and/or removal of
facilities shall be performed by or for the DEVELOPER in accordance with plans 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 DEVELOPER. The removal and/or relocation of certain water and/or
sewer facilities and releasing and/or relocating of associated easements are conditions
precedent to the issuance of water and sewer verification forms for construction of those
proposed buildings that conflict with said water 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. CONDITION TO SERVICE. Abutting facilities, also installed by the CITY,
conditional to serve the CITY'S property are currently being designed and/or constructed,
pursuant to Miami -Dade County Sewer Agreement for "Marine Stadium Flex Park
Development Phase 1" (ID# 22435) The COUNTY shall not render service to the CITY'S
property until all such facilities have been constructed, conveyed to the COUNTY, and
placed into legal service, and the construction, conveyance, and placing into service of said
facilities shall constitute a condition precedent to any obligation on the part of the COUNTY
to provide service to the CITY. The CITY understands that the COUNTY cannot and does
not represent, warrant, or guarantee that said facilities will be completed, conveyed, or
placed into service by any particular date, and further understands that the COUNTY shall
be under no obligation to require said facilities be constructed by any particular date, nor
shall the COUNTY be obligated to take or omit any action such that said facilities will be
completed by any particular date.
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 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.
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MARINE STADIUM RESTORATION PROJECT, ID# 30958
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 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 DEPARTM ENT 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
Coast Railroad may require that the COUNTY be named as permittee for certain
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MARINE STADIUM RESTORATION PROJECT, ID# 30958
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.
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. 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.
19. 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
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MARINE STADIUM RESTORATION PROJECT, ID# 30958
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.
20. 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 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.
21. 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.
22. 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
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MARINE STADIUM RESTORATION PROJECT, ID# 30958
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.
23. 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.
24. 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.
25. 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
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MARINE STADIUM RESTORATION PROJECT, ID# 30958
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.
26. 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.
27. 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.
28. 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.
29. 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.
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MARINE STADIUM RESTORATION PROJECT, ID# 30958
30. 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 the COUNTY for all sums of money and all obligations due hereunder unless
released in writing by the COUNTY.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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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MARINE STADIUM RESTORATION PROJECT, ID# 30958
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:
Sandra P. Alvarez,
New Business Manager
For: Lester Sola, Director
Miami -Dade Water and Sewer Department
The foregoing instrument was acknowledged before me by means of: (check one)
❑ physical presence; or ❑ remote audio-visual means, this day of
, 20_, by Sandra P. Alvarez, New Business Manager, for Kevin
Lynskey, 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
MARINE STADIUM RESTORATION PROJECT, ID# 30958
ATTEST: CITY OF MIAMI. A FLORIDA
MUNICIPAL CORPORATION
By: (SEAL) By: (SEAL)
signature signature
, City Clerk , Cit Manager
print name print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of: (check one)
❑ physical presence; or ❑ remote audio-visual means, this day of
, 20_, by , as City Clerk,
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.
and
Notary Public
print name Serial Number
Approved for Legal Sufficiency: Approved for Legal Sufficiency
Assistant County Attorney Assistant County Attorney
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MARINE STADIUM RESTORATION PROJECT, ID# 30958
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
ALL THAT LOT PIECE OR 14iRCEL OF LAND, SITU AIL LYING AND BEING IN SECTION 17, TOWNSHIP 54 SOL/1H,
RANGE 42 EAST, ON 77-IE ISLAND OF 1,7RGINiA KEY, CITY OF MAW, MAW- DADE COUNTY. FLORIDA,, THE SAME
BEING MORE PARTICULARLY OESCR7IBED BY METES AND BOUNDS AS FOLLOHS;
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION T7; THENCE N89 56'49"'W ALONG THE SOUTH LINE
OF SAID SECTION 17 FOR 2469-84 firET TO A .POINT OF INTERSECTION WITYH Tf1F CENTERLINE or TTIE
RICKENB4CKER CAUSEWAY, THE LOCATION OF SAID CENTERLINE SYNCH IS MORE FULLY DESCRIBED IN THE PLAT
ENTITLED SECOND REKSED PLAT OF SHEET 9 METROPOLITAN DAD( CO1NTf' OULxf+EAD LINE Pw?T FOUR.
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT' BOOK 74 AT PAGE 9 OF WE PUBLIC RECORDS OF
CAVE COUNTY (NOW 611.4Idf-Ed4DE COUNTY), FLORIDA; THENCE DEPARITNG SAID SOUTH LINE OF SECTION 17,
N45'2207"W ALONG SAID CENTERLINE OP THE RICKENBAGKER CAUSEWAY FOR I284,62 fttf; THENCE
DEPARTING 6.4ID CENTERLINE OF THE Mr-AV/BACKER CKER CAUSEWAY, Ni4".37'5 "'E FOR 200.00 FEET TO A POINT
OF INTERSECTION WITH THE NORTHEASTERLY RIGHT OF HWY LINE OF SAID RICKENBACK€R CAUSEWA Y WITH SAID
PO VT OF INTERSECTYON ALSO eem Tr-IE POINT OF BEGNVWINO' OF THE BEREINAfW DE5CIPIeED PARCEL OF
LAND FROm SAID PONT OF BEGINNING, THENCE N45 22'07 W ALONG SAID NORTHEASTERLY RIGHT OF FYAY LINE
OF THE RRCKENB4CK£R CAUSEWAY ()VS BEING A LINE" 200,00 FEET NORTHEASTERLY OF, AS ATEASURE0 AT
RIGHT ANGLES TO AND PARALLEL MTN SAID CENTERLINE OF THE R1CKEM&ACKER CAUSEWAY) FOR 2308.59 fET;
THENCE DEPART-INC SAID NORTHEASTERLY RIGHT OF WY LINE OF THE RTCKENRACKER CAUSEWAY, N44'37'53"E
FOR 161,00 fttl; THENCE N4522'0. FOR 255.17 ftLL THENCE N44`.T753"E FOR 150.57 fttl: THENCE
$4522'07 "E POP 444, 45 FEET' THENCE 527'40'04 "E FOR 426,76 ftt f; 1I-IE'NGE 544 3757 "W fVR 7960
FEET THENCE 54522 07 "E FOR 297.62 FEET, THENCE N44'3J'S3 N v FOR 2000 FEET., THENCE' $45 22 07 "E
FOR 420.00 FEET: THENCE 544137'5J "W FOR 120.00 FEET: T]WENCE 545 22 07 'E FOR T 074.97 FEET.- THENCE
544'3753"W FOR 460.00 FEET' TO THE POINT OF BEG/NN/M
"A" 1 of 1
MARINE STADIUM RESTORATION PROJECT, ID# 30958
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
210 gpd/unit (under 3,001 sq. ft.)
310 gpd/unit (3,001-5,000 sq. ft.)
510 gpd/unit (over 5,000 sq. ft.)
Townhouse Residence
165 gpd/unit
Apartment
135 gpd/unit
Mobile Home Residence/Park
160 gpd/unit
Duplex or Twin Home Residence
150 gpd/unit
Residential Facility/Institution:
a) Congregate Living Facility (CLF)
b) Apartment Dormitory
c) Fire Station
d) Jail
e) Other
75 gpd/bed
100 gpd/unit
10 gpd/100 sq. ft.
150 gpd/person
100 gpd/person
COMMERCIAL LAND USES
Airport:
a) Common Area/Concourse/Retail
10 gpd/100 sq. ft.
b) Food Service
see restaurant use for allocation
Bank
10 gpd/100 sq. ft.
Banquet Hall (with or without kitchen
10 gpd/100 sq. ft.
Bar, Cocktail Lounge, Nightclub, or Adult Entertainment
20 gpd/100 sq. ft.
Barber Shop
10 gpd/100 sq. ft.
Beauty Shop
25 gpd/100 sq. ft.
Big Box Retail
2.5 gpd/100 sq. ft.
Bowling Alley
100 gpd/lane
Car Wash:
a) Manual Washing
350 gpd/bay
b) Automated Washing
5,500 gpd/bay
Coin Laundry
110 gpd/washer
Country Club with or without kitchen
20 gpd/100 sq. ft.
Dentist's Office
20 gpd/100 sq. ft.
Fitness Center or Gym
10 gpd/100 sq. ft.
Funeral Home
5 gpd/100 sq. ft.
Gas Station/Convenience Store/Mini-Mart:
a) Without car wash
450d/unit
b) With single automated car wash
1,750 gpd/unit
Additional single automated car wash
1,300 gpd/unit
Hospital
250 gpd/bed
"B" 1 of 2
MARINE STADIUM RESTORATION PROJECT, ID# 30958
TYPES OF COMMERCIAL LAND USES (CONTINUED)
House of Worship
10 gpd/100 sq. ft.
Industrial use NOT discharging a process wastewater
and NOT utilizing potable water for an industrial
process (including but not limited to automotive repair,
boat repair, carpentry, factory, machine shop, welding
4 gpd/100 sq. ft.
Industrial use discharging a process wastewater or
utilizing potable water for an industrial process based
on system design and evaluation by the Department
4 gpd/100 sq. ft.
Kennel
15 gpd/100 sq. ft.
Marina
60 gpd/slip
Nail Salon
30 gpd/100 sq. ft.
Nursing/Convalescent Home
125 gpd/bed
Office Building
5 gpd/100 sq. ft.
Pet Grooming
20 gpd/100 sq. ft.
Physician's Office
20 gpd/100 sq. ft.
Public Park:
a) With toilets only
5 gpd/person
b) With toilets and showers
20 gpd/person
Public Swimming Pool Facility
30 gpd/person
Recreational Vehicle (RV) Park (seasonal use)
150 gpd/space
Restaurant
a) Fast Food
65 gpd/100 sq. ft.
b) Full Service
100 gpd/100 sq. ft.
c) Take -Out
100 gpd/100 sq. ft.
Retail
10 gpd/100 sq. ft.
School:
a) Day care/Nursery (adults and children)
b) Regular school
10 gpd/100 sq. ft.
12 gpd/100 sq. ft.
Self-service storage units
1.5 gpd/100 sq. ft.
Shopping Center/Mall Shell/Common Area
10 gpd/100 sq. ft.
Spa
20 gpd/100 sq. ft.
Sporting Facilities and Auditorium
3 gpd/seat
Theater
a) Indoor
1 gpd/seat
b) Outdoor/Drive-in
5 gpd/space
Veterinarian Office
20 gpd/100 sq. ft.
Warehouse/Speculation Building
2 gpd/100 sq. ft.
Wholesale Food Preparation (including but not limited
to meat markets and commissaries)
35 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
MARINE STADIUM RESTORATION PROJECT, ID# 30958
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS
GALLONAGE
(gpd)
COMPLETION OF
BUILDING CONNECTION
Remodel and connect to the County's
water and sewer systems 6,636 seat
auditorium 19,908 2020 — 2022
"C" 1 of 1
I.D.# 30958_Miami Marine Stadium
*NOTE: The title search period for this original Opinion must cover the time period to within 30 days prior to submittal of signed water and sewer
agreements or an assignment. FOR WARRANTY DEEDS, EASEMENTS, COVENANTS AND UNITIES OF TITLE, THE OPINION MUST COVER THE TIME
PERIOD THROUGH 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 ID# 30958 named MIAMI MARINE STADIUM, located at , MIAMI, FLORIDA
(Legal description as it appears in agreement or legal document)
iop Mere ENO. PIP!;.t. 4 IlLAW ANLI =MY,. :. ,,r,• , �' .:�'
dr2 MT 74C > i + ' Or 1' "r Orr O 1AN4A—• .: "". : }' •'ice Yalgl
ti AT ME soumnisr CIF SAW SECRON !7; 'Ss V. •. ''r" SOUTH DUE
�1Fsto 5ECraii r, FOR 209454 MT OF ION MT `' do r. : " 610-
IMAZWILCACATR akeknOillt F+ bocow it sdie cool-Rtax-$ , ' • .. ° 'E a of NE Prig r
Coo r' OLEO 3E612,07 Ft 1+S'S PrAIP OF AFT . .11ETROFOErAir &WE COONTi"' E hI WE+ri7 sfr ^• WT Ft11141
OCCORMAC ;r t !E RAF MERECr. AS RECCE. J .ed Fur SOGlif 74 CIF IN C 9° OF Ff-E : 0.51 C FIEGIROS
PACE COWRY MI10 N. —• • " ='2 ,' • .- rim S4,0 SCUT, 2 h48' Fsannv F7,
old5'72'07 7 Ad iW ' SOP CEOWERLO E t•.r -_.r 0i'4'r'•0.I ,-,4 DILIKc r FOR .62 . !WAVE
DEFARINC SAO CEP AIN LAC OF vigF rr... .r - _ •. F 200270 FUT ISO A POW
++`OrEPIECTON MTN ft ' �' • ,r.: • A, r ' .5,�'..• 4 . ,•°:i °•: �'1 r I •
Pawr �e A . r • •.'•.t . 104 • . • •'
LAW: Now Poore r E o: c :, ....JaHEAsirbvir Raw Cor mu L ex
fir' ?1 ' ' OReelimr A IL4L, . 2.Y.1 00.4 ' ' ' " i .Oe F +4�''Y. AP
ICYGAri ++DES • 4L2 T CEmfe e,•rw •• r'' �, . ei �� 23IV.59 FEEr.
1704 i' w6 .* HodepourvEr ngif OF MT Lair OF NE 0171:-.411n9s1CKET CAUSE1 4 iffirUral
OR Tiff LOD FEET' ThEWGE A5 J$ MOT Mil" FEET: 1SEA E A .171 T E fF�R 150.f7 !MT:
5-(572Z'7 'f FM 414.15 FEET MENGE 5TP rE Ft 4 41126. rHEIOCZ SiejU7 'r!t' FUR 7k '
- 5 5 22Y .T•'F FEET' ?Whiff W+f 37'fr 'Fir FC. ' .120. :0 . 7 of
FOR 420.00 FEET: F.HirJSC•E S41. "TTFTIP FOR 120.06 r7-t1r THEIC,f 5 727*-F FER TIVIO.97 fEiET' 7)9E7ii f
sA.e'_I'7'5J -kr FoR 4 1 .00 fZET TO ME Rom7 OF ELMAYAWC.
Basing my (our) opinion on said complete abstract or title policy covering said period I (we) am (are) of the opinion that on the last mentioned date the fee
simple title to the above described real property was vested in: CITY OF MIAMI, a Florida Municipal Corporation.
Subject to the following liens, encumbrances and other exceptions:
GENERAL EXCEPTIONS
1. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics or materialmen's liens.
5. Zoning and other restrictions imposed by governmental authority
SPECIAL EXCEPTIONS
❑ No special exceptions exist
❑ Special exceptions (indicate details on separate sheet)
None of the exceptions listed above will restrict the use of the property for the purposes set forth in the water and sewer agreement, assignment,
warranty deed, easement, covenant and unity of title, as applicable.
I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice law in the State of Florida, and am a member in good
standing of the Florida Bar.
Respectfully submitted this day of , 2020
Victoria Mendez, City Attorney
444 S.W. 2ND Avenue, 10th Floor
Miami, Florida 33130-1910
(305) 416-1800
Florida Bar#
MIAMI•D Ea E
COUNTY
Water & Sewer Department
New Business Office
P.O. Box 330316
Miami, FL 33233-0316
Invoice Number
Customer Number
Invoice Date
Business Process Number (X)
Total Amount Due
CITY OF MIAMI
444 SW2 AVE
MIAMI FL 33130
ATTN:
Note:
Agmt WSC fee & Recording fee for_30958_Marine Stadium Restoration Project
Invoice
N00086828
00029585
December 18, 2020
$236.00
ER Water
ER Sewer
Agreement ID
30958
Description
JO/Agmt Qty UOM Unit Price Charge Amt Interest Line Total
WaterAlloc Cert Initial
Recording Fee 1st Page
Recording Fee Per Pge Aft 1st
Total Standard Charges
Total Invoice
1 EA 90.00 90.00 0.00 90.00
1 EA 10.00 10.00 0.00 10.00
16 EA 8.50 136.00 0.00 136.00
$236.00
$236.00
Printed on 12/18/2020 by e137259 at LEJEUNE-SD
To pay online go to: http://www.miamidade.gov/water/construction-development-payments.asp
Payment must be made within 72 hours of receipt of invoice.
Refunds are based on the date of payment and subject to State Statute 95-11. Some fees are not refundable.
MIAMI•DADE
raw ~J,3114 m
miarnidade.gov
Water and Sewer
PC Box 330316 • 3575 S. Lejeune Road
Miami, Florida 33233-0316
T 786-268-5360 F 786-268-5150
*ATTENTION! COVID-19 PROCEDURE UPDATE -
PLEASE READ. FAILURE TO DO MAY RESULT IN FURTHER DELAYS*
12.18.2020 03:35PM
CITY OF MIAMI ASSET MANAGEMENT
444 SW 2ND AVE STE 325
Miami FI 33130
Re: Water and Sanitary Sewer Agreement for Marine Stadium Restoration Project, ID# 30958
Ladies and Gentlemen:
Due to the current situation, we are experiencing many challenges in the agreement procedure, and working
hard to accommodate our customers. Your safety and the efficiency of our unit is very important to us. Please
read this letter carefully. We are all in this together, and we thank you in advance for your patience and
understanding.
BEFORE bringing in executed Agreement, please email FIRST, for our review the documentation signature
pages and the completed executed opinion of title to our Service Desk Distribution List, at WASD-
NBServDesk@miamidade.gov. This will save unnecessary trips to our office if there is an error or a revision
needed.
After depositing any agreement documents into the agreement box in the Leieune office lobby, send an email
to our Service Desk Distribution List, at WASD-NBServDesk@miamidade.gov, to notify us that you have
dropped off items. This is very important to ensure proficient, timely processing.
We are pleased to enclose the water and sewer document for Marine Stadium Restoration Project, ID#
30958. The County's offer of those terms and conditions contained in the document shall expire six (6) months
from the date of this letter.
If the document is satisfactory, please print one (1) set for execution and return to us with one (1) original
Opinion of Title using our format enclosed (NOTE: If you do not follow our format, your Opinion of Title could
be rejected), Opinion must cover the time period to within 30 days prior to submittal of signed documents (For
Covenants and Unity of Title, Opinion must cover the time period through the date of the execution), and a
check in the amount of the fees listed below made payable to the Miami -Dade Water and Sewer
Department; this does not include, any amounts due as specified in the documents.
MIAMI•�
COUNTY
miarnidade.gov
Water and Sewer
PO Box 330316 • 3575 S. Lejeune Road
Miami, Florida 33233-0316
T 786-268-5360 F 786-268-5150
Fixed Fee Item List Prices ($) Total Quantity Total Fee ($)
Water Allocation Certificate - Initial
90
1.00
90.00
Recording Fee - 1st Page Only
10
1.00
10.00
Recording Fee - Per Page after 1st
8.5
16.00
136.00
FIXED FEES GRAND TOTAL ($): $ 236.00
For on-line payment please go to http://www.miamidade.gov/water/construction-development-payments.asp.
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. Please refer to eBuilder for a fully executed &
recorded copy.
This instrument was prepared using the information provided to us by the property owner and/or its agent.
If you have any questions regarding the agreement offer, please contact the New Business Contracts unit at
WASD-NBContracts@miamidade.gov
Sincerely,
Denise Chung
New Business Division