HomeMy WebLinkAboutBack-Up DocumentsDocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
M IAM I•DADE
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*
02.13.2023 11:57AM
CITY OF MIAMI - DEPT OF P&D ASSET MANAGEMENT DIVISION
444 SW 2 AVE, 6TH FLOOR
MIAMI FL 33130
Re: Water and Sanitary Sewer Agreement for BADIA SENIOR CENTER-31947, ID# 31947
To whom may concern:
We are pleased to enclose the water and sewer document for BADIA SENIOR CENTER-31947, ID# 31947.
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
18.00
153.00
FIXED
FEES GRAND TOTAL ($
BuiIder®
ATRIMSLE COMPANY
e-Builder Help
T 786-552-8181
ebuilder-support@miamidade.gov
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
IMF
MIAMIDADE
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
BuiIder®
ATRIMBLE COMPANY
e-Builder Help
T 786-552-8181
ebuilder-support@miamidade.gov
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
MIAMI-DADE
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
CHEN MOORE AND ASSOCIATES
3150 SW 38TH AVENUE
SUITE 950
M IAM I FL 33146
ATTN:
Note:
AGRMT 31947_WSC FEE & RECORDING FEES_BADIA SENIOR CENTER
Invoice
N00123748
00041004
February 13, 2023
$253.00
ER Water
ER Sewer
Agreement ID
31947
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
18 EA 8.50 153.00 0.00 153.00
$253.00
$253.00
Printed on 2/13/2023 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.
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
MIAMI-DADE
mianiidade.gov
Water Supply Certification Number: WSC-31947-AGR - 1
Water Supply Certification Issued Date:February 13, 2023
Plat Number:
Owner: Agent/Representative:
CITY OF MIAMI - DEPT OF P&D ASSET MANAGEMENT Patrick Kaimrajh
DIVISION
444 SW 2 AVE, 6TH FLOOR
MIAMI 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 , BADIA SENIOR CENTER-31947, Number 31947
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
0140020040350
7121 SW 3 ST - 25 TAMIAMI
BLVD
Zip Code Lot ir Block Proposed sq. ft. Previous s,,,.
33144
B
3
Proposed Use
Community Center (10 gpd/100 sq ft)
Square Footage/ # Units Water Gallons Per Day
8543
854
Sewer Gallons Per Day
854
Previous Use
2018 - Community Center (10 gpd/100 sq ft)
1
Square Footage/ # Units
8774
Water Gallons Per Day
877
Sewer Gallons Per Day
877
Totals
Total Water GPD (Proposed Use):
Total Water Credit GPD (Previous Flow):
Reserved Flow (Net Water):
854
877
-23
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
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
BADIA SENIOR CENTER, ID# 31947
*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#
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
BADIA SENIOR CENTER, ID# 31947
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
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
BADIA SENIOR CENTER, ID# 31947
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 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 14
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
BADIA SENIOR CENTER, ID# 31947
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 eight thousand five
hundred forty-three (8,543) square feet of community center, and to connect a fireline for
this project to the COUNTY'S water system, representing an average daily gallonage of
eight hundred fifty-four (854) gallons, replacing eight thousand seven hundred seventy-four
(8,774) square feet of community center, previously connected to the COUNTY'S water
and sewer systems, representing an average daily gallonage credit of eight hundred
seventy-seven (877) gallons. Therefore, there is no average daily gallonage increase,
resulting in no additional water and sewer connection charges. 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.
Page 3 of 14
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
BADIA SENIOR CENTER, ID# 31947
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.
7. 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.
8. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost
and expense shall cause to be designed, constructed and installed all of the necessary
water and/or sewer facilities provided for in this Agreement unless otherwise specified. The
facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines,
service connections, service lines, shutoffs, meter boxes, air release valves, gravity sewer
mains, laterals, manholes, and all appurtenances thereto for a complete installation. The
final design and construction of the facilities shall meet the requirements set forth in the
latest revision of the DEPARTMENT'S "Rules and Regulations" for water and/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.
9. INSPECTION. The COUNTY shall have the right but not the obligation to
make engineering inspections of all the construction work performed by the CITY under the
terms of this Agreement including private facilities not to be conveyed to the COUNTY.
Such inspections shall not be construed to constitute any guarantee on the part of the
COUNTY as to the quality and condition of materials and workmanship. Any inspections by
the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of
said facilities in accordance with approved plans and specifications. Furthermore, any
inspections by the DEPARTMENT shall not relieve the CITY of responsibility for the quality
and condition of materials and workmanship.
10. TESTS. During construction and at the time when various tests are required,
the COUNTY'S engineer or its authorized representative, together with the CITY'S
engineer and contractor, shall jointly be present to witness tests for determination of
conformance with approved plans and specifications. The CITY shall notify the COUNTY a
minimum of twenty-four (24) hours in advance of the tests.
11. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule
construction meetings with the CITY'S representatives (Engineer, Project Manager,
Page 4 of 14
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
BADIA SENIOR CENTER, ID# 31947
Construction Superintendent and others) at a place designated by the COUNTY with
respect to project related matters upon twenty-four (24) hours notice.
12. SUBCONTRACTORS AND CONSULTANTS. The COUNTY reserves the
right, at any time, to bar any subcontractor or consultant employed by the CITY from
engaging in any sort of work or activity related to this Agreement, if such be in the interests
of the COUNTY. In the event the COUNTY rejects any subcontractor or consultant, said
subcontractor or consultant will immediately cease work on anything related to this
Agreement. The CITY shall not be entitled to compensation for any monies previously paid
to any subcontractor or consultant if said subcontractor or consultant is rejected by the
COUNTY.
13. COMPLIANCE WITH ALL LAWS. The CITY, at its own cost and expense,
shall comply with all applicable laws, statutes, rules, and ordinances in carrying out the
activities contemplated herein.
14. APPROVALS AND PERMITS. The CITY shall be fully responsible for
obtaining all required approvals from all appropriate governmental and regulatory agencies
and all necessary permits for all facilities contemplated in this Agreement. Notwithstanding
anything else contained herein to the contrary, this Agreement shall not constitute or be
interpreted as a waiver of any requirements of any other agency of Miami -Dade County
and/or any requirements of the Code of Miami -Dade County. The CITY is responsible for
obtaining all permits as may be required for the work contemplated herein pursuant to the
Code of Miami -Dade County.
15. COUNTY AS PERMITTEE. Certain federal, state and county agencies,
including but not limited to the State of Florida Department of Transportation, the South
Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East
Coast Railroad may require that the COUNTY be named as permittee for certain
construction activities even though the CITY or the CITY'S contractor will actually perform
the work. To insure that the COUNTY will incur no costs or liability as a result of being
named permittee on such permits, the CITY shall provide sufficient security as acceptable
to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions,
judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to
work performed by the CITY pursuant to such permits. The security shall be furnished prior
to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate
for the permit work. The CITY shall have sixty (60) days to resolve any claims by a
permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the
security. The CITY shall be liable for all costs in excess of the security, subject to the limits
of Section 768.28 Florida Statutes.
16. 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.
Page 5 of 14
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
BADIA SENIOR CENTER, ID# 31947
17. 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.
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
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
Page 6 of 14
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
BADIA SENIOR CENTER, ID# 31947
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. CONNECTION/FRONTAGE BY OTHERS. Parties other than the CITY who
own property, other than the CITY'S property, which has frontage to any water main
installed pursuant to this Agreement, may apply to the COUNTY for connections to said
water main. If said parties actually connect and/or abut said facilities, the COUNTY will
impose a construction connection charge equal to thirty dollars ($30.00) for the eight (8)
inch water main, multiplied by the front foot length of the connecting/abutting property
which fronts and/or abuts the water main, as measured along the route of the main. The
COUNTY will also impose construction connection charges on such other parties if said
water main is required, in accordance with guidelines and criteria established by the
DEPARTMENT, in order to provide adequate service for the fronting/abutting property.
Said construction connection charges will not be required or collected from other parties for
single-family residences occupied or under construction prior to the date of this Agreement.
The COUNTY shall repay said construction connection charges to the CITY within ninety
(90) days of receipt of same. However, the COUNTY'S liability for repayment to the CITY
shall be limited to those amounts actually collected from others. This provision shall remain
in effect for a period of twelve (12) years from the date of the Absolute Bill of Sale for the
water main facilities constructed by the CITY. Per annum simple interest as established
and authorized by Section 687.01, Florida Statutes, will accrue on all construction
connection charges from the date of the Absolute Bill of Sale for the water main facilities
constructed by the CITY to the date of payment by the connecting/abutting party. The
interest rate used shall be the rate established by Section 687.01, Florida Statutes, at the
time of payment by the connecting/abutting party. It shall be the CITY'S responsibility to
provide the COUNTY with current mailing addresses during the twelve (12) year period. In
accordance with the DEPARTMENT'S "Schedule of Water and Wastewater Fees and
Charges" the DEPARTMENT shall retain a "Developer Repayment Fee" currently in the
amount of 2.5% of the gross repayment amount established herein. This fee is subject to
revision by the Board of County Commissioners at any time. The fee percentage used will
be the current rate at the time of the payment.
22. 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
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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.
23. 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.
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 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. WARRANTY AND MAINTENANCE BOND. The CITY warrants that the
water facilities to be owned by the COUNTY shall be free from defects in materials and
workmanship for a period of one (1) year from final acceptance by the COUNTY.
Simultaneously with the conveyance of the water and sewer facilities, the CITY shall deliver
to the COUNTY an executed maintenance bond or alternate security deposit acceptable to
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the DEPARTMENT, which guarantees the warranty. If it becomes necessary to repair
and/or replace any of the facilities during the initial one (1) year period, then the warranty
as to those items repaired and/or replaced shall continue to remain in effect for an
additional period of one (1) year from the date of final acceptance by the COUNTY of those
repairs and/or replacement. The bond shall be in the amount equal to the sum of those
portions of the actual cost of construction of said facilities as follows:
Types of Facilities
Water mains
Percentage of Actual Construction Cost
25
The bonds shall have as the surety thereon only such surety company as is acceptable to
the COUNTY and which is authorized to write bonds of such character and amount under
the laws of the State of Florida. A surety company must have a Best's Key Rating Guide
General Policyholder's Rating of "A" or better and a Financial Category of Class "V"
or better or be acceptable to the COUNTY. The attorney -in -fact or other officer who signs a
bond must file with such bonds a certified copy of his power -of -attorney authorizing him to
do so. The Maintenance Bond may be written with the CITY'S contractor as "Principal" and
the CITY and the COUNTY as "Co -obligees" or the COUNTY as sole "Obligee". In the
alternative, the CITY may be named as "Principal" and the COUNTY as "Obligee". The
Maintenance Bond shall remain in force for one (1) year following the date of final
acceptance by the COUNTY of the work done pursuant to this Agreement to protect the
COUNTY against losses resulting from any and all defects in materials or improper
performance of work. If there is no building construction underway within the CITY'S
property at the time of conveyance, the COUNTY shall have the right to require that the
term of the Maintenance Bond be extended for a period not to exceed an additional two (2)
years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such
defects which are discovered within the warranty period or periods as set forth above,
failing which the COUNTY shall make such repairs and/or replacements of defective work
and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all costs
arising therefrom. The CITY also warrants that it shall be solely responsible for the repair
of any damages to said facilities caused by persons in its employment. This paragraph is
subject to the limitations of Section 768.28, Florida Statutes.
25. 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 negligent or wrongful act or 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
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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 actor 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.
26. FORCE MAJEURE. Should either party be prevented from performing any
obligations herein, including but not limited to water and/or sewer service, due to or
resulting from a force majeure or inevitable accident or occurrence, such party shall be
excused from performance. As used herein, force majeure shall mean an act of God which
includes but is not limited to sudden, unexpected or extraordinary forces of nature such as
floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions
or other forces of nature. Inevitable accidents or occurrences shall mean those which are
unpreventable by either party and shall include but not be limited to strikes, lockouts, other
industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots,
federal, state, county and local governmental restraints and restrictions, military action, civil
disturbances, explosions, conditions in federal, state, county and local permits, bid protests,
manufacturing and delivery delays, unknown or unanticipated soil, water or ground
conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of
either party, whether or not specifically enumerated herein.
27. 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.
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28. 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.
29. 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.
30. 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.
31. 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.
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32. 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.
33. 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.
34. 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.
35. 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.
36. 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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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
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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
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EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
Lot B, in Block 3,of FLAGAMI 1ST ADDITION, according to the Plat thereof, as
recorded in Plat Book 17, at Page 66, of the Public Records of Miami -Dade County,
Florida.
"A" 1 of 1
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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
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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.).
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EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS
Construct and connect to the County's
water and sewer systems 8,543 sq. ft. of
community center
Connect to the County's water system a
fireline service for 8,543 sq. ft. of
community center
Previously connected to the County's
water and sewer systems 8,774 sq. ft. of
community center
GALLONAGE
(gpd)
854
n/a
-877 (credit)
COMPLETION OF
BUILDING CONNECTION
2023 — 2024
2023 — 2024
n/a
"C" 1 of 1
DocuSign Envelope ID: 2BDFOE49-A987-4A89-995C-C750BD2954D5
M�AM4 E
COUNTY
C
MIAMI - DADE WATER AND SEWER DEPARTMENT
EXHIBIT "A" - 1
LOCATION SKETCH
SCALE: N.T.S
-THIS IS NOT A SURVEY-
BADIA SENIOR CENTER
AGMT ID# 31947
FOLIO# 01-4002-004-0350
MIAMI-DADE COUNTY SEC 02-54-40
January 27, 2023