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HomeMy WebLinkAboutBack-Up DocumentsFIRST AMENDMENT TO PUBLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4 THIS FIRST AMENDMENT TO PUBLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4 ("Amendment") is entered this day of 2023 by and between 191 SW 12 OWNER, LLC a Florida limited liability company authorized to transact business in the state of Florida ("Developer") and the CITY OF MIAMI, FLORIDA, a municipal corporation and a political subdivision of the State of Florida ("City") (Developer and the City together referred to as the "Parties"). WITNESSETH: WHEREAS, Developer is the owner of that certain real property in the City of Miami located at 145, 155, 165, 191 SW 12 Street, more particularly described in Exhibit "A" attached hereto, and made a part hereof (the "191 SW 12 Street Property"); WHEREAS, the City is the owner of certain real property in the City of Miami located at 1105, 1115, 1131, 1133 SW 2 Avenue, more particularly described in Exhibit "B" attached hereto, and made a part hereof (the "Existing Fire Station Property"); WHEREAS, pursuant to City of Miami Resolution No. R-20-0059 adopted by the City of Miami Commission, a true and correct copy of which is attached hereto as Exhibit "C" and by this reference made a part hereof, the City and the Developer entered into a Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 dated April 13, 2020, and recorded at Official Record Book 31909 at Page 847 (the "Public Benefit Agreement"); WHEREAS, Section 10 of the Public Benefit Agreement provides that the Developer shall construct a new fire station and parking garage as part of a mixed -use project known as 1 Southside Park (the "Project" or "1 Southside Park"); WHEREAS, the Developer has commenced site development for the Project; WHEREAS, the City of Miami engaged a third -party engineer, Thomas F. Mullin, P.E. of RADISE International, L.C., to review and comment on the stucco cracking on the Existing Fire Station Property and the Deep Soil Mixing (DSM) excavation containment system design supporting the excavation on the 191 SW 12 Street Property as approved and permitted by Miami -Dade County Regulatory and Economic Resources Department pursuant to the Florida Building Code; WHEREAS, pursuant to Section 23 of the Public Benefit Agreement, the City and the Developer agreed to cooperate with each other to the fullest extent practicable to achieve construction efficiency during construction; WHEREAS, the City desires to temporarily relocate Fire Station No. 4 to temporary facilities within Southside Park in order to maintain emergency operations and dormitory occupancy through the mass excavation work and construction of 1 Southside Park; WHEREAS, the Developer desires to temporarily relocate Fire Station No. 4 to temporary facilities in order to expedite construction of Project including the delivery of the new Fire Station No. 4; WHEREAS, the Parties wish to amend the Public Benefit Agreement to clarify the obligations of the Developer and the City to temporarily relocate Fire Station No. 4, as more particularly set forth below WHEREAS, this amendment has been authorized pursuant to City of Miami Resolution attached and incorporated as Exhibit "D" WHEREAS, all exhibits are attached and are incorporated by reference herein. NOW THEREFORE, in consideration of the mutual covenants and agreements hereafter contained, the parties mutually agree and bind themselves as set forth herein: 1. Temporary Fire Station No. 4 a. The Temporary Fire Station shall include the plans as outlined in Exhibit "E" attached and incorporated herein and temporary station facilities associated with fire rescue operations, which shall include trailers, pavement, fence, and apparatus tent detailed below. Developer agrees to design, permit, and construct Temporary Fire Station as detailed on Exhibit "E", at Developer's sole cost and expense, in compliance with the plans entitled, Temporary Fire Station prepared by ODP Architecture and Design attached hereto as Exhibit "E", provided that the Developer shall implement the following changes: i. Plumbing cleanouts shall be installed between the trailers; ii. The corridor from the exterior fence line to a public entrance shall be secured so that a citizen may access the station from the public right- of-way (SW 1 Court/Underline) without having access to any storage area, apparatus parking area, or employee parking area; iii. The cut and gate shall be widened to improve access by the larger apparatuses; iv. Setbacks between trailers have a floor height deck built between them to provide outdoor space to staff. Length of each deck shall be at least 1/2 that of the trailer; v. Implementation of a sewer connection; vi. Installation of a doorbell on the exterior fence; and vii. Any other changes and equipment that may be reasonably requested by the City's Department of Fire Rescue. "Temporary Fire Station" as such term is used herein, shall mean the facilities and improvements shown in Exhibit "E", as amended by the changes referenced above and as accepted by the City Manager. b. The Developer shall pay all costs to move from the Existing Fire Station to the Temporary Fire Station, to be located within the Brickell Area as set forth in Exhibit "E", and approved by the Fire Department at no cost to the City. c. The Fire Department shall not occupy the Temporary Fire Station until the permanent water and sewer connections are constructed and have received final approval by all government agencies as may be required. d. Once the Temporary Fire Station is occupied the City's Department of Fire Rescue shall have the right to continue to occupy it at no cost to the City until thirty (30) days after (a) a Temporary Certificate of Occupancy is issued for the New Fire Station, (b) the first in alerting system is installed, and (c) construction of the super structure above the New Fire Station is topped off and (d) cranes are no longer actively in use at the Project site. The occupancy date of the New Fire Station may be revisited by mutual agreement. Under no circumstances shall the City require a crane exclusionary zone to accommodate occupancy of the New Fire Station.. e. Maintenance and Repairs: The Developer shall be responsible for repairs to the Temporary Fire Station due to construction defects. Developer shall ensure that the Temporary Fire Station complies with the Florida Building Code related to occupancy. In the event of casualty or other loss of use of some or all of the Temporary Fire Station, Developer shall use commercially reasonable efforts to promptly restore the Temporary Fire Station to the same condition. To that end, the Developer has secured the commitment of Advanced Modular Structures Inc. to prioritize repairs, restoration and/or replacement of the Temporary Fire Station. See "Exhibit F." Developer's responsibility shall be limited to the replacement and repair of the Temporary Fire Station. f. Should the Temporary Fire Station have to be evacuated due to weather, acts of God, or other hazards, the Developer shall be responsible for the Temporary Fire Station structures upon the time of evacuation through and up to the re -occupancy by the Fire Department. The Fire Department shall evacuate the Temporary Fire Station no earlier than 24-hours prior to the arrival of a predicted weather event arrival. The Developer shall be solely responsible to prepare the site for inclement weather conditions which shall include, if requested by the Fire Department, disassembly of the apparatus structure, trim trees around and over trailers and apparatus structure, secure construction equipment and debris adjacent to the Temporary Fire Station, and clean adjacent storm drains on SW 12 Street. The Temporary Fire Station will consist of impact resistant doors and windows, and be anchored as required by the Florida Building Code. 2. Demolition of the Existing Fire Station No. 4 The Developer shall be permitted to commence demolition of the Existing Fire Station Parcel (and thereafter continue construction of the Project on the Existing Fire Station Parcel) the later of thirty (30) days after the installation of the first in alerting system and Miami -Dade County's issuance of a Temporary Certificate of Occupancy for the Temporary Fire Station No. 4 at Southside Park, and the Fire Department shall vacate the Existing Fire Station prior to that date. Upon execution of this Amendment, the Developer shall provide the City with five (5) days' notice and then the City Manager shall approve within three (3) days to allow the Developer to commence preconstruction inspections of the Existing Fire Station, including conducting the asbestos survey for the limited purpose of obtaining a demolition permit consistent with best management practices for occupied structures. 3. New Fire Station No. 4 In addition to the deadlines set forth in the Public Benefits Agreement, as amended herein, and without limitation of the same, Developer hereby agrees to execute good faith diligence and commercially reasonable efforts to expeditiously complete the New Fire Station. Nothing herein shall be deemed to modify the City's or Developer's obligations with respect to the transfer of ownership of the Existing Fire Station Parcel or New Fire Station Parcel as required by the Public Benefit Agreement. In addition to the requirements set forth in the Public Benefits Agreement, Developer shall ensure that the New Fire Station only (and not the Project) is constructed in accordance with the standards for an "Essential Facility" as such term is defined in the Florida Building Code. 4. Expedited Review Whenever Possible The City, acting in its proprietary function as property owner and permit applicant, agrees to use best efforts to expeditiously process all requests for permit signatures. 5. No Third -Party Beneficiary No person other than the Developer and the City (and their authorized and approved successors and assigns) shall have any rights whatsoever under this Agreement. This Amendment cannot be relied upon by third parties. 6. Amendment Not Conferring Additional Development Rights The City of Miami is entering into this Amendment for the purpose of facilitating the completion of 1 Southside Park, the New Fire Station, and the Temporary Fire Station in an orderly and efficient manner, provided, however, that the City is expressing its intent on using its best efforts to facilitate construction efficiency. The City is not conferring any other or additional development rights, permit rights, private property rights, vested rights, or assurances by virtue of this Amendment, except as specifically set forth herein. 7. Public Benefits Agreement Except as otherwise provided in this Amendment, the terms of the Public Benefits Agreement shall remain and continue in full force and effect. 8. Counterparts This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. SIGNATURE PAGE TO FOLLOW IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written. 191 SW 12 OWNER, LLC By: Print Na me: Title: Date: CITY: CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega V, City Manager Date: ATTEST: Todd B. Hannon, City Clerk Date: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez, City Attorney Ann -Marie Sharpe, Director Risk Management EXHIBIT A Exhibit A: Legal Description of 145, 155, 165 and 191 SW 12 Street Parcels 145, 155, and 165 SW 12 Street: Lots 14, 15 and 16, Block 85 of MAP OF MIAMI DADE CO. FLA. (CITY OF MIAMI SOUTH), according to the Plat thereof as recorded in Plat Book B, Page(s) 41, of the Public Records of Miami -Dade County, Florida. 191 SW 12 Street: Lot 13, Less the West 10 feet thereof; together with the South 75 feet of Lot 13-1/2, Block 85 South, MIAMI HEIGHTS, according to the map or plat thereof as recorded in Plat Book 5, at Page 29, of the Public Records of Miami -Dade County, Florida. EXHIBIT B Exhibit B: Legal Description of Existing Fire Station Parcel Existing Fire Station (1131, 1105, 1115 & 1133 SW 2nd Avenue) The Land referred to herein below is situated in the County of Miami -Dade, State of Florida, and is described as follows: Parcel 1: Lot 8 and Lot 11, less the West 10 feet, Block 85 South of MIAMI HEIGHTS, according to the Plat thereof as recorded in Plat Book 5, Page(s) 29, of the Public Records of Miami -Dade County, Florida. Parcel 2: Lot 9, Block 85 South of MIAMI HEIGHTS, according to the Plat thereof as recorded in Plat Book 5, Page(s) 29, of the Public Records of Miami -Dade County, Florida. Parcel 3: Lot 10, less the West 10 feet, Block 85 South of MIAMI HEIGHTS, according to the Plat thereof as recorded in Plat Book 5, Page(s) 29, of the Public Records of Miami -Dade County, Florida. Parcel 4: Lot 12 and the North 75 feet of Lot 13 and 1/2, Block 85 South of MIAMI HEIGHTS, according to the Plat thereof as recorded in Plat Book 5, Page(s) 29, of the Public Records of Miami -Dade County, Florida. EXHIBIT City of Miami Legislation Resolution: R-20-0059 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com c File Number: 7219 Final Action Date: 2/24/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TERMINATE THE PUBLIC BENEFITS AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND SOUTHSIDE PLACE, LLC ("ORIGINAL DEVELOPER") FOR FAILURE TO PROCEED IN GOOD FAITH TO COMPLY WITH THE TERMS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NEW PUBLIC BENEFITS AGREEMENT ("NEW AGREEMENT") BETWEEN THE CITY AND 191 SW12 OWNER, LLC ("NEW DEVELOPER"), WHEREBY THE CITY AND THE NEW DEVELOPER WILL CONSOLIDATE THEIR PROPERTIES IN ORDER TO PERMIT THE NEW DEVELOPER TO PROVIDE VARIOUS PUBLIC BENEFITS AT THE NEW DEVELOPER'S SOLE EXPENSE, INCLUDING THE DEVELOPMENT OF A NEW FIRE STATION, AND TO DEVELOP A PRIVATE MIXED -USE TOWER WITH FIRST FLOOR RETAIL AND A PARKING GARAGE, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE NEW AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE REVISIONS AND NON - SUBSTANTIVE AMENDMENTS TO SUCH NEW AGREEMENT AS NEEDED, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. SPONSOR(S): Commissioner Joe Carollo WHEREAS, the City of Miami ("City") is the owner of Fire Station No. 4 located at 1105, 1115, 1131, and 1133 Southwest 2nd Avenue, Miami, Florida 33130 ("City Property"); and WHEREAS, pursuant to Resolution No. 17-0330 adopted on July 13, 2017, the City and Southside Place LLC ("Original Developer") entered into that certain Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 dated as of February 16, 2018 ("2018 Public Benefits Agreement"); and WHEREAS, according to the 2018 Public Benefits Agreement, the Original Developer agreed to consolidate the City Property and the abutting property located at 191 Southwest 12th Street, Miami, Florida 33130 ("Abutting Property") and develop a mixed -use tower and garage in the air rights parcel in exchange for various public benefits to the City, including the development of a new state-of-the-art fire station; and WHEREAS, the City and Miami -Dade County ("County") entered into an Interlocal Agreement on August 2, 2019 ("Interlocal Agreement"), as authorized by City Resolution No. R- 613-18 adopted on July 13, 2017 and County Resolution No. 18-66 adopted on June 5, 2018; and WHEREAS, the Interlocal Agreement provides for the expansion of the County's Rapid Transit Zone to include the Brickell Station Subzone, which includes all of the property on Block City of Miami Page 1 of 3 File ID: 7219 (Revision:) Printed On: 3/17/2020 File ID: 7219 Enactment Number: R-20-0059 85, upon which the City Property, the Abutting Property, Southside Park, and other properties are located; and WHEREAS, to date, the Original Developer has not proceeded in good faith to comply with the terms of the 2018 Public Benefits Agreement, including, but not limited to (1) failure to comply with the construction deadlines specified in the 2018 Public Benefits Agreement and (2) knowingly misrepresenting that the Original Developer was the legal owner of the Abutting Property; and WHEREAS, pursuant to the 2018 Public Benefits Agreement, the City may terminate the 2018 Public Benefits Agreement if "the City finds on the basis of competent substantial evidence that [the Original Developer] has not proceeded in good faith to comply with the terms of this Agreemen."; and WHEREAS, 191 SW 12 Owner, LLC is the contract purchaser of the Abutting Property ("New Developer"); and WHEREAS, the City intends to terminate the 2018 Public Benefits Agreement pursuant to the terms thereof and enter into a new Public Benefits Agreement ("New Agreement") with the New Developer with the intent to provide for the redevelopment of the block with a new, state of the art, high density, mixed use, transit -oriented urban development ("Project") providing much needed retail uses and amenities for the Brickell Station Subzone and surrounding urban areas; and WHEREAS, in furtherance of the New Developer's construction of the Project, the New Developer has agreed to provide the following public benefits at its sole cost and expense: (1) construct the New Fire Station at the New Developer's sole expense at an estimated cost anticipated to be not less than eight million dollars ($8,000,000.00); (2) make a cash contribution equal to two million two hundred thousand dollars ($2,200,000.00); (3) convey fifty (50) parking spaces to the City; and (4) provide streetscape improvements equal to or greater than one million dollars ($1,000,000.00), all as more particularly described in the New Agreement; and WHEREAS, the City will provide for the transfer of certain development density rights associated with the Existing Fire Station Parcel, First Miami High School, and Southside Park, as more particularly described in the New Agreement; and WHEREAS, Section 29-B(c) of the Charter of the City of Miami, Florida, as amended, provides for the waiver of competitive bidding and other requirements when "conveying property to implement projects of any governmental agency or instrumentality"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Commission hereby finds that there is competent substantial evidence that the Original Developer has not proceeded in good faith to comply with the terms City of Miami Page 2 of 3 File ID: 7219 (Revision:) Printed on: 3/17/2020 File ID: 7219 Enactment Number: R-20-0059 of the 2018 Public Benefits Agreement and accordingly, the City Manager is authorized' and directed to terminate the 2018 Public Benefits Agreement. Section 3. The City Manager is authorized' to execute a New Agreement, in a form acceptable to the City Attorney, between the City and the New Developer to provide public benefits as described herein. Section 4. The City Manager is authorized' to make revisions and non -substantive amendments to such New Agreement as needed, subject to the City Attorney's approval. Section 5. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: :ndez City ttor ey 2/14/2020 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 7219 (Revision:) Printed on: 3/17/2020 e. EXH 'BIT JDS E DEMOLITION PLAN LEGEND GENERAL NOTES o MERMEN.TOMO.. DEVELOPMENT GROUP © MEEK roa,CN,ro,ECOOPEIMMrvEEIro�ro �,a�a� El BEM. DEFEO SHBACNEE o MEEK SEPECIIIaETOffaDAa® �x��E�oMroEn�a E .." .".P. ,xo.."..... 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EV DEE NO. A-089.01 o�snasraN "s JDS PROJECT LOCATION MIAMI DADE COUNTY LIST OF CONTACTS: STORMWATER DEPT. OF PEPM1,1140. ENNPONMENTAND STORMWATER WATER AND SEWER MIAMI DADE WATER AND S.EP DEPARTMENT FLLEZ FIRE TILnE'PTP2ENT OF FIPEPESCUE STP ET '05N'TP5. MEEOS, ASSISTANT CHIEF FT LAUDEPDPLE.FL33.8 PROJECT TEAM: DEVELOPER EVOETII FLOOR ELECTRIC PRL,20,7 CONTL'il%NE MARTIN 'CIBCI-PTPCIM/ID ER TEMPORARY FIRE STATION SUBJECT PROPERTY FLORIDA DEPARTMENT OF TRANSPORTATION ITo SURVEYOR CONTACT:JOHN IBM PLZDFIWgr FOR 1 SOUTHSIDE PARK 140 SW 11 ST MIAMI, FL 33130 SECTION 12, TOWNSHIP 54, RANGE 41 VICINITY MAP CIVIL ENGINEER: Kimley»)Horn ©02 OW PSSO N Sheet List Table 005 FOLIO NUMBERS 01-0208-050-1010 NOTES: LEGAL DESCRIPTION: EVT EZt DEVELOPMENT GROUP 5h,p pdp 1 Southside Park 1133 SW 2ND AVE TFS COVER SHEET C-1000 JDS p0 y9 �'FiL'vCK-6855 + + LBW OF PLAT (N.A4S6P.) +' VACANT LOT 1 so. FT OR I. 0.SIPS ACRES LOT- 15 BLOCK -855 �T1lll Tlll/ _ I LOT 5 -5JOCK-855_ 64 LOT- 16 BLOCK -855 5 MIAMI—DiTE CDU�em JTY FIRE c�. 56 0 3f+, 31,1 12 sr, +11-3,1 I CT-4 BLOCK - 8 1 AA ON 7-7 1102 ga + o «moo -- - - . l- F ss4-7- 12 46 12]J IJ59 SW 12tI STREET r '44 5ti��2 0'`'1 °se � N 124 iyr1 ®. E Ca 1210 LEGEND: S.W. 1 COURT T20 12.5� 3i9 A36' 362 N N LW C4 ®Y-4,,L 1 Tt—__—+_—__aII rt_ Fire Rescue Lon!, DEVELOPMENT GROUP She, 3 1 Southside Park 1133 SW 2rLD AVE MINA, FL 33130 OVERALL VEHICLE INGRESS C-2000 SEP OR JDS p0 C y9 �'FiL'vCK-6855 + LBW OF PLAT (N.A6P.) VACANT LOT 1 so. FT OR I. 0.SIPS ACRES LOT- 15 BLOCK -855 �T1lll Tlll/ _ I LOT 5 '.'_11CK-855_ 64 LOT- 16 BLOCK -855 5 I CT-4 BLOCK - 8 AA BET 1a_T3 5 owtas- 2; 1202 «moo —�._— _ - .1— 13'_; 1246 1277 13.59 SW 12tI STREET MIAMI—CVE CDIINTY FIRE IJN< .a j �- �'t`T C�amm 56 5A ti5 titi 59 M6 e5 NN . 2h 123b � +.. .N+ //��//////// + //iA4 + + %///////////////////////t O 3hsv 128 ;e1 12^0�1 N ® 12,a 1223 t98 LEGEND: S.W. 1 COURT 10+ '�® Pfl 12.57 13j9 .063 362 NNLW AS Mi - a I,spO C]� 1Ao5 LXL a, aoww., Fire Rescue Lon!, DEVELOPMENT GROUP She, 3 aEp 1 Southside Park MINA, FL 33130 AERIAL TRUCK INGRESS C-2001 SEP OR p0 -6 y9 FiL'vCK-855 �' + + LINT OF PLAT (N.A6F.) VACANT LOT 1 so. FT OR I. 0.SIPS ACRES LOT- 15 LOT 5 -8_OCK-855_ 64 LOT- 16 BLOCK -855 BLOCK -855 �T1lll I Tlll/ 1202 ANC I I I I I I I I I I Y o. 00 r� o o o 13'+ 1246 12 JT SW 12tI STREET ^ti�2 0'S1 59 �f--- _.901 -_Cam / 2ry rti59 +�!6 F%6A CQ 1�0 5 ry ry5A 10 ry5 - MY� C4 ++ } L y# 123b + O 2� s2 0 n a iz2o - 2� fig * - ®� -44' ,29� ,� �5 L ao - - - - �� - - - - - e ti- I I I I I LEGEND: S.W. 1 COURT Chr LXL a, aoww., Fire Rescue Lon!, JDS DEVELOPMENT GROUP *e, 1 Southside Park 1133 SLY 2rLD AVE MINA, FL 33130 FIRE TRUCK INGRESS C-2002 SEP OR JDS LOT 5 '.'_OCK-855 j- 1 14.26 14.64 +F VACANT LOT 1 so. FT OR I. 0.SIPS ACRES r5—__ __T1_ 9 Cut , I - ir 13LC LOT- 16 BLOCK -855 1245 iZi 'h" 12.69 12� 12.01 y6 fi ` O°' ry5 ry'L 1'� i```a,ti 3h� 12�3b '� o ,ti' 0 ''� 1281246.21 s H W® W i220 12.23 �__ __ o __ rya^ r� 2e 1= 12,16 1277 ,,59 SW 12tI STREET F 9 }6= + 6 c4 rd ,,0 1 + o —7t—__ ,96'I --__-7 rt- MMCd®Y LEGEND: S.W. 1 COURT LXL a, aoww., Fire Rescue Lon!, DEVELOPMENT GROUP She, p 1 Southside Park 1133 SW 2rLD AVE MINA, FL 33130 OVERALL VEHICLE EGRESS C-2003 SEP OR JDS 29 yb II r a p, � 11, + + +b5 b p0 p0L'vICK-685� �' 9 �'Fi LINT OF PLAT (N.46P.) VACANT LOT 1 so. FT OR I. 0.SIPS ACRES LOT- 15 BLOCK -855 MIAMI LOT 5 333OCK-855 1 14.26 14.64 +F Cut LOT- 16 BLOCK -855 0 BET 5 �N 05 1l' 1102 4h� 9 ry' ryti 123b '� � ,ti' 0 �$y0�6 yg3 41,721,30 eLiiii 1240 21 W i230 1213 o tq9 I o .3 q6 ,L ,l rya � e5 2e I I I I I I I I I I 12 46 ;zn 13.-L. 1= 0.59 SW 12tI STREET F � W --__7 rt- MN��®Y y20 LEGEND: S.W. 1 COURT N„,9 Oya 0,6y LXL a, aoww., Fire Rescue Lon!, DEVELOPMENT GROUP She, p 1 Southside Park 1133 SW 2rLD AVE MINA, FL 33130 AERIAL TRUCK EGRESS C-2004 SEP OR b+ I poO -6 99 LLC15-855 + LINT OF PLAT KS +' VACANT LOT 1 so. FT OR 2 0.518 ACRES LOT- 15 BLOCK -855 1 / LOT 5 NTOCK-855_ 64 LOT- 16 BLOCK -855 I CT-4 _ BLOCK. -850 lykSs +_---use 3 _ 1▪ 2 46 0a SW 92ribSTREET be wN`� 559'' ,51 • N io/tea/000/'' i////////////////////4 /, $ 1240 .�i N N ®- 12�� 1223 12.9 13 ▪ j9 556' 1362 N N r 1u0 126 1 'Aph1 II ha h 3 ^LB6 M120 qt LEGEND: Chr LIXL , a000w., Fire Rescue lrucle JDS DEVELOPMENT GROUP *e pYp 1 Southside Park 1133 SLY 2rLD AVE MINA, FL 33130 FIRE TRUCK EGRESS C-2005 SEP OR JDS p0 -6 * NEL'vCK-855 �' 4- LBW OF PLAT (N.A,F.) VACCE NT LOT LAND A 1 so. FT OR 2 0.518 ACRES LOT- 15 BLOCK -855 TJ//I1T1TlT 0- F LOT 5 '.2009-855( LOT -16 BLOCK -855 Tti 5 I CT-4 DLOCK-8 6I N/ f'T1 4.7 -- EXIST CONSTRUCTION GATE TO REMAIN 14 y9 EXIST. DRIVEWAY TO REMAIN I I I I I I I I 6.5 Abe+ 9 —125 EILTRE55 SILTSOXXC; PROP. JERSEY BARRIER (TYP.) 8.50' WTYP.) (R3.0 EXIST. TREES TO REMAIN AND BE PROTECTED AT ALL TIMES (TYP.) '�� L �C5 �9 r 123b -ryb n4hh ^t� zee,n 5- "® - izTo PROP. TEMPORARY"RADCO' MODULAR BUILDINGS i 2T/ SW j2tI STREET 129( 13.69 13h IJ.59 Q LEGEND: — S.W. 1 COURT DEVELOPMENT GROUP pYp 1 Southside Park 1133 SW 2. AVE SITE GEOMETRY PLAN C-3000 SEP OR JDS pp0 0 6 6LCK 8>5 LIMIT OF PLAT VACANT LOT 1 So. Fr OR 2 0.518 ACRES 3'_OGC-855 • +14.26 1464 LOT-15 LOT-16 BLOCK - 85S 29 BLOCK - 85S LO(-4 BLOCK 8505 1236 v 5.93� +dry rM HIGH POINT LINE +ry 12h 1223 I I I I I I I I I I 145 2, SW j2tfi'STREET M -(INS7„AvLLED OTHERS) / #4.012" EA, WAY MID PROP. 12' THICK MIN, ENGINEERED FILL (REF R TO GEOTE REPORT FOR REQUIREMENTS) MAX SLOPE IL/OR ENTIADLLVLPR EXISTING NON -WOVEN IMPACTEONON-WOV N GEOTE`XCLE LINER GE OTEXILE LINER oEPLR HEAVY DUTY PAVEMENT SECTION NT S 6R DO 11fi2µ W C LEGEND: - - RAN S.W. 1 COURT NOTES: DEVELOPMENT GROUP *13 aYp 1 Southside Park 1133 SW 2NC AVE PAVING GRADING AND DRAINAGE PLAN C-4000 JDS p0 T 6 y9 �'FiL'vCK-855 + + LIMT OF PLAT (N.,96P.) VACANT LOT 1 so. FT OR I. 0,16 ACRES LOT 5 -855_ • +14.26 14. 64 LOT- 15 LOT- 16 BLOCK -855 BLOCK -855 �TOIT/JllG 7lIlI1T1T17 0- ti- +0. I CT-4 BLOCK-8 AA I I I I I I I I I I PROP. 6" P.V C. ACV CLEANOUT (TYP.) + `Ad SEE MEP FOR CONT MP.) 250 LF OF 6" SAN. SEWER P.V C PIPE CONTRACTOR TO COORDINATE WITH PROJECT'S PLUMBING ENGINEER TO DETERMINE BEST LOCATION & ROUTE FOR THIS SEWER SYSTEM SEE MEP ROP. 2SE"I FOR POTABLE WATER RPVICEPE CONTRACTOR TO PROCESS A SERVICE INSTALLATION REQUEST (SIR) 12.46 o 1""� 13 52 13 A,_ I cl FOR CONT. a r PROP. 2000 GAL. HOLDING TANK (BY OTHERS) LOCATION, SIZE, ELEVATION, INVERT ELEVATIONS. MATERIAL PUMPS AND ANY OTHER ASSOCIATED DESIGN FOR THE SEWER SYSTEM TC RE DONE BY OTHERS 127 SW j2tli STREET ry5 3h1236 �' Nry N0 1282 ��dw z _ o000000�1_000000000�20,4- Di 040 vrz Ti W 12.% 1223 i257 319 236 362 M M DU ®�*i 19 0 0'1 I 0,05 I I LEGEND: S.W. 1 COURT LXL a, ao. DEVELOPMENT GROUP 1 Southside Park 1133 SW 2. AVE PRIVATE UTILITY PLAN C-5000 SEP OR EXHIBIT F RD$flCED MODULAR STRUCTURES, INC. 1911 N.W. 15th Street Pompano Beach, FL 33069 Phone: 954-960-1550 Fax: 954-960-0747 CBC 1260700 EC 13008351 February 15, 2023 IDS Development Luke Tulley 104 Fifth Ave. New York, NY 10011 RE: City of Miami Fire Station Luke to confirm our conversation, Advanced Modular Structures, Inc. is a licensed building contractor with its own on -staff service team. We have been in this area for over 32 years and have our own on -staff service team. In the event any of the units are damaged, our company will make it a priority to dispatch on our own on -staff team to get the repairs done quickly. In the event any of the structures are damaged beyond what is repairable, AMS will make it a priority work on getting a new building for a replacement. If you have any questions, please call or email me. Thank you. Sincerely, Patricia A. Willis Treasurer Visit us at www.advancedmodular.com M IAM I•DADE COUNTY Water & Sewer Department Utilities Development Division PO Box 33016 • 3575 S Lejeune Road Miami, FL 33233-0316 T 786-268-5360 F 786-268-5150 WASD-NBServDesk@miamidade.gov *ATTENTION! PLEASE READ. FAILURE TO DO MAY RESULT IN FURTHER DELAYS* 02.22.2023 10:26AM CITY OF MIAMIDEPT OF P&D ASSET MANAGEMENT DIVISION 444 SW 2 AVE STE #325 CORAL GABLES FL 33130 Re: Water and Sanitary Sewer Agreement for SOUTHSIDE PARK -TEMPORARY FIRE STATION-31978, ID# 31978 To whom may concern: We are pleased to enclose the water and sewer document for SOUTHSIDE PARK -TEMPORARY FIRE STATION-31978, ID# 31978. The County's offer of those terms and conditions contained in the document shall expire sixty (60) days from the date of this letter. For Municipal entities and School Board, the terms and conditions contained in the document shall expire one hundred and eighty (180) days from the date of this letter. If the document is satisfactory, download the Offer Package from e-Builder, then sign the original documents and deliver them to our front desk at the LeJeune office. In e-Builder, take the Submit Docs action. WASD will require an original of the complete package to be delivered to us. Please note that the original signed offer package requires 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). The Opinion must cover the time period to within 30 days prior to submittal of signed documents. For Covenants and Unity of Title, the Opinion must cover the time period through the date of execution. For online payment please go to http://www.miamidade.gov/water/construction-development-payments.asp to pay on-line. For Payments via check please make the check payable to Miami -Dade Water and Sewer Department; this does not include any amounts due as specified in the documents. fixed Fee Item List Prices ($) = Total Quantity = Total Fee ($) Water Allocation Certificate - Initial 90 1.00 90.00 Recording Fee - 1st Page Only 10 1.00 10.00 Recording Fee - Per Page after 1st 8.5 17.00 144.50 FIXED FEES GRAND TOTAL ($): $ 244.50 Builder" TRIMBLE COMPANY e-Builder Help T 786-552-8181 ebuilder-support@miamidade.gov M IAM I•DADE COUNTY Water & Sewer Department Utilities Development Division PO Box 33016 • 3575 S Lejeune Road Miami, FL 33233-0316 T 786-268-5360 F 786-268-5150 WASD-NBServDesk@miamidade.gov Please note that the legal description in 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 rejection and 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 fees due are received. This instrument was prepared using the information provided to us by the property owner and/or its agent. Once approved by our WASD reviewers, WASD will require an original of the complete package to be delivered to us at the LeJeune office lobby. This is very important to ensure proficient, timely processing. Please refer to to obtain a fully recorded copy, and to check project status. If you have any questions regarding the agreement offer, please contact the New Business Contracts Unit at WASD-NBContracts@miamidade.gov Sincerely, Kristina Borrajero New Business Division Builder" TRIMBLE COMPANY e-Builder Help T 786-552-8181 ebuilder-support@miamidade.gov 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 OSCAR BARRIOS 355 Alhambra Circle Suite 1400 Coral Gables FL 33134 ATTN: Note: AGRMT 31978_WSC FEE & REECORDING FEE_SOUTHSIDE PARK -TEMPORARY FIRE STATION Invoice N00124219 00039816 February 22, 2023 $244.50 ER Water ER Sewer Agreement ID 31978 Descri • tion JO/A.mt Qt UOM Unit Price Char.e 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 17 EA 8.50 144.50 0.00 144.50 $244.50 $244.50 Printed on 2/22/2023 by E314829 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•C>IA►DE COUNTY miarnidade.gov Water Supply Certification Number: WSC-31978-AGR - 1 Water Supply Certification Issued Date:February 22, 2023 Plat Number: Owner: Agent/Representative: CITY OF MIAMIDEPT OF P&D ASSET MANAGEMENT JOSE RIVERA-RIOS DIVISION 444 SW 2 AVE STE #325 CORAL GABLES FL 33130 Water and Sewer PO Box 330316 Miami, Florida 33233-0316 T 786-268-5360 F 786-268-5150 Re: Adequate Water Supply Certification for the Project , SOUTHSIDE PARK -TEMPORARY FIRE STATION-31978, Number 31978 The Miami -Dade Water and Sewer Department (Department) has received your request to receive water services to serve the following project which is more specifically described in the attached Agreement, Verification Form, or Ordinance Letter. Project Location 0102080501010 Address 140 SW 11 ST Zip Code Lot 33130 1-2-3-4-5-17- 18-19 & 20 Block Proposed sq. ft. Previous sq. ft. 85 Proposed Use Fire Station (10 gpd/100 sq ft) Square Footage/ # Unit Water Gallons Per Day Sewer Gallons Per Da 5500 550 550 Previous Use Square Footage/ # Units 'MlWater Gallons Per Day Sewer Gallons Per Day Totals Total Water GPD (Proposed Use): Total Water Credit GPD (Previous Flow): Reserved Flow (Net Water): 550 0 550 The Department has evaluated your request pursuant to Policy CIE-5D and WS-2C in the County's Comprehensive Development Master Plan and Limiting Condition No. 5. of the South Florida Water Management District Water Use Permit Number 13-00017- W. Based on its review of all applicable information, the Department hereby certifies that adequate water supply is available to serve the above described project. This Adequate Water Supply Certification will expire if a building permit is not applied for within 365 days of the date of issuance of said certification. If an Agreement is executed for the proposed project, the certification will remain active with the terms of the Agreement until such time as the building permit is applied for. If a building permit is applied for in accordance with the aforementioned conditions, this certification will remain active with the building permit process. Furthermore, be advised that this adequate water supply certification does not constitute Department approval for the proposed project. Additional reviews and approval may be required from sections having jurisdiction over specific aspects of this project. Should you have any questions regarding this matter, please contact Maria A. Valdes, Chief, Planning and Water Certification Section, (786) 552-8198 or via email at mavald@miamidade.gov. Sincerely, Kristina Borrajero New Business Processor Page 1 of 1 SOUTHSIDE PARK -TEMPORARY FIRE STATION *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 Facility named GROVE BAY PARKING GARAGE, located at 2640 South Bayshore Drive, MIAMI, FLORIDA 331_ (Legal description as it appears in agreement or legal document) Basing my (our) opinion on said complete abstract or title policy covering said period I (we) am (are) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: CITY OF MIAMI, a Florida Municipal Corporation. 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 2023 Victoria Mendez, Esq. ASSISTANT CITY ATTORNEY OFFICE OF THE CITY ATTORNEY 444 S.W. 2ND Avenue, Suite 945 Miami, Florida 33130-1910 (305) 416-1800 Florida Bar# SOUTHSIDE PARK - TERMPORARY FIRE STATION, ID# 31978 AGREEMENT FOR WATER AND SANITARY SEWER FACILITIES BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI This instrument prepared by: Christopher Schaffer New Business Section Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, this day of , 2023, 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 the City of Miami, a municipal corporation of the State of Florida , hereinafter designated as the "CITY", whose mailing address is: 444 N.W. 2 Avenue, Suite 325, Miami, Florida, 33130. 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 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. Page 2 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 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 and connected 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 five thousand five hundred (5,500) square feet of fire station, representing an average daily gallonage of five hundred fifty (550) gallons, replacing vacant land, resulting in water and sewer connection charges in the amount of three thousand eight hundred forty-four dollars and fifty cents ($3,844.50). 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 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 and/or connects 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. Page 3 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 7. BRICKELL BASIN SANITARY SEWER SPECIAL CONNECTION CHARGE. The COUNTY hereby represents and the CITY acknowledges that the gravity sewer basin that will serve the CITY'S property, at the present time may not meet COUNTY criteria for conveying additional flows, including those of the proposed development within the CITY'S property as specified in paragraphs 4 and 5 hereinabove. The COUNTY intends to construct the necessary improvements and has adopted a special connection charge to pay for the construction of necessary improvements in accordance with COUNTY Ordinance No. 12-36 The CITY 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 two thousand one hundred forty-five dollars and fifty cents ($2,145.50), due prior to the issuance of a Verification Form. Said payment shall be a condition precedent to any obligation on the part of the COUNTY to provide service to the property. Notwithstanding the preceding, nothing contained herein shall obligate the COUNTY to provide service to the property if said service is in contravention to any consent order or agreed order to which the COUNTY is a party, or of any rule or statute. The DEPARTMENT makes no representations as to the likely date the referenced improvements will be placed into service, and the CITY shall have no cause of action, at law or equity, against the COUNTY arising out of the construction of said improvements. 8. DISCLAIMER FOR ATLASES AND AS-BUILTS: Please be advised that the Atlases and As-Builts provided by the DEPARTMENT are a part of Miami -Dade County records, and discrepancies between the existing field conditions and the information shown on records may exist due to the age of the records and/or changes in the field conditions that have not been reported. Therefore, the COUNTY will not be held responsible or liable for any discrepancies and/or any consequences and inconveniences such discrepancies may cause. It is the DEVELOPER'S responsibility to field verify the information shown on the records, including the existence of sewer laterals. If the sewer lateral cannot be found buried in the field, it is the DEVELOPER'S responsibility to install the lateral at its own expense. 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/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. Page 4 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 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. 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 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 Page 5 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 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, subject to the limits of Section 768.28 Florida Statutes. 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 the CITY'S Contractor under supervision of a DEPARTMENTAL Water Distribution Licensed Operator and Donations Inspector. The CITY hereby agrees to pay to the COUNTY its work order charges 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. WATER MAIN CONSTRUCTION CONNECTION CHARGES. The CITY shall pay water main construction connection charges equal to thirty-five dollars ($35.00) per front foot of its property which directly abuts a twelve (12) inch water main, which was installed by other parties (ID# 22087). The length of front footage abutting the water main is hereby agreed to be one hundred seven (107) feet, resulting in construction connection charges in the amount of three thousand seven hundred forty-five dollars ($3,745.00). Per annum simple interest as established and authorized by Section 687.01, Florida Statutes, will accrue on the construction connection charge from December 4, 2019, to the date of payment by the CITY. The interest rate used shall be the rate established by Section 687.01, Florida Statutes, at the time of payment by the CITY. The DEPARTMENT shall not, under any circumstances, render water and/or sewer service to the CITY'S property until such time as the construction connection charge 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: 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 Page 6 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 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 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. 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 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 Page 7 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 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 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. 25. 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 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. 26. 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 Page 8 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the negligent or wrongful actor omission of the CITY and/or its officers, employees, agents, servants, partners, principals, contractors and/or subcontractors, during the term of this Agreement. 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. Nothing herein shall be deemed to indemnify the COUNTY from any liability or claim arising out of or relating to the negligent or wrongful act or omission of the COUNTY, its officers, employees, or agents. 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. The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, employees, and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the CITY and/or its officers, employees, or agents, 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 negligent or wrongful act or omission of the COUNTY and/or its officers, employees, agents, servants, partners, principals, contractors and/or subcontractors, during the term of this Agreement. The COUNTY 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 CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorneys' fees which may issue thereon. The COUNTY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the COUNTY shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the CITY or its officers, employees, or agents, as herein provided. Nothing herein shall be deemed to indemnify the CITY from any liability or claim arising out of the negligent or wrongful act or omission of the CITY, its officers, employees, or agents. 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. 27. FORCE MAJEURE. Should either party be prevented from performing any obligations herein, including but not limited to water and/or sewer service, due to or resulting from a force majeure or inevitable accident or occurrence, such party shall be excused from performance. As used herein, force majeure shall mean an act of God which includes but is not limited to sudden, unexpected or extraordinary forces of nature such as floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by either party and shall include but not be limited to strikes, lockouts, other industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots, federal, state, county and local governmental restraints and restrictions, military action, civil disturbances, explosions, conditions in federal, state, county and local permits, bid protests, manufacturing and delivery delays, unknown or unanticipated soil, water or ground Page 9 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 28. 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. 29. 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. 30. 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. 31. 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 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, subject to the limits of Section 768.28 Florida Statutes, 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. 32. 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 Page 10 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. SEVERABILITY. If any section, subsection, sentence, clause or provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected by such invalidity. Page 11 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 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: Brandon Garcia, New Business Manager For: Roy Coley, 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 , 2023, by Brandon Garcia, New Business Manager, for Roy Coley, Director, of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public Serial Number print name Page 12 of 13 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 ATTEST: CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION By: (SEAL) By: (SEAL) Todd B. Hannon, City Clerk Arthur Noriega, City Manager 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 2023, by Todd B. Hannon , as City Clerk, and Arthur Noriega , 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. Approved for Legal Sufficiency: Victoria Mendez, City Attorney Notary Public print name Serial Number Approved for Legal Sufficiency: Assistant County Attorney Page 13 of 13 SOUTHSIDE PARK - TERMPORARY FIRE STATION, ID# 31978 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 17, 18, 19 and 20, in Block 85, of CITY OF MIAMI SOUTH, according to the Plat thereof, as recorded in Plat Book B, at Page 41, of the Public Records of Miami -Dade County, Florida. "A" 1 of 1 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 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 Hotel or Motel 115 gpd/room "B" 1 of 2 SOUTHSIDE PARK — TERMPORARY FIRE STATION, ID# 31978 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"2of2 SOUTHSIDE PARK - TERMPORARY FIRE STATION, ID# 31978 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 5,500 sq. ft. of fire station 550 2023 - 2024 "C" 1 of 1 MIAMI- COUNTY MIAMI - DADE WATER AND SEWER DEPARTMENT EXHIBIT "A" - 1 LOCATION SKETCH SCALE: N.T.S -THIS IS NOT A SURVEY- N E S SOUTHSIDE PARK - TEMPORARY FIRE STATION AGMT ID# 31978 FOLIO# 01-0208-050-1010 MIAMI-DADE COUNTY SEC 12-54-41 February 1, 2023