HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
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
CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
THIS AGREEMENT, made and entered into at Miami -Dade County, Florida,
this day of , 2024, 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.
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CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
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 two hundred sixteen
thousand (216,000) square feet of office, five thousand (5,000) square feet of full -service
restaurant and an indoor theatre with capacity for two hundred twenty (220) persons,
representing an average daily gallonage of sixteen thousand twenty (16,020) gallons,
replacing vacant land, resulting in water and sewer connection charges in the amount of
one hundred eleven thousand nine hundred seventy-nine dollars and eighty cents
($111,979.80). Water and sewer connection charges shall be calculated at the rates in
effect at the time of actual connection to the COUNTY'S water and sewer systems. The
DEPARTMENT'S current connection charge rates are one dollar and thirty-nine cents
($1.39) and five dollars and sixty cents ($5.60) per gallon per day for water and sewer,
respectively. The water and sewer connection charge rates are subject to revision by the
Board of County Commissioners at any time. The CITY shall pay fees and/or charges
specified herein at the time of issuance of Verification Form(s). The DEPARTMENT shall
not, under any circumstances, render water and/or sewer service to the CITY'S property
until such time as the fees and/or charges specified herein have been paid in full.
5. OTHER USES ON THE PROPERTY. If the CITY constructs 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.
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CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
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. REMOVAL/RELOCATION OF FACILITIES. The CITY hereby acknowledges
and agrees that any existing COUNTY water facilities and all appurtenances including fire
hydrants within the CITY'S property that will conflict with proposed development must be
removed and/or relocated, and all easements associated with said facilities released and/or
relocated. Said relocation and/or removal of facilities shall be performed by or for the CITY
in accordance with plans and specifications to be approved by the COUNTY and in such a
manner that there will be no interruption of services to the COUNTY'S existing customers.
All costs incurred shall be borne solely by the CITY. The removal and/or relocation of
certain water facilities and releasing and/or relocating of associated easements are
conditions precedent to the issuance of water and sewer verification forms for construction
of those proposed buildings that conflict with said water and/or sewer facilities, unless the
CITY is able to protect its facilities and/or associated easements through a "hold" on the
foundation inspection that is issued in conjunction with Miami -Dade Department of
Regulatory and Economic Resources (RER). The determination of the availability for
placement of said hold shall be within the sole discretion of the DEPARTMENT. Those
projects that are not within the jurisdiction of the COUNTY'S building permitting process
shall not be eligible for consideration of that hold.
9. SPECIAL CONDITION TO SERVICE. The CITY is responsible for obtaining
access to the water and/or sewer systems, either by right-of-way dedication, and/or
easement. The COUNTY'S obligations to provide water and sewer service under this
Agreement is conditioned upon conveyance of easements to the COUNTY for water and
sewer facilities to be installed on property that is not part of the CITY'S property. The
easements must be conveyed to the COUNTY in accordance with paragraphs 23 and 24
herein below. Furthermore, it shall be the CITY'S sole responsibility to obtain and secure
conveyance of said easements to the COUNTY. The conveyance of aforesaid easements
by the CITY to the COUNTY is a precedent to any duty of the COUNTY to provide water
and sewer service to the CITY's property.
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CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
10. CONDITIONS TO SERVICE. Abutting water facilities that may be available
to service the CITY'S property are currently being designed and/or constructed by the
CITY, pursuant to ID# 31828. If the developer opts to wait for the installation under ID#
31828, the COUNTY shall not render service to the CITY'S property until all such facilities
have been constructed, conveyed to the COUNTY, and placed into legal service, and the
construction, conveyance, and placing into service of said facilities shall constitute a
condition precedent to any obligation on the part of the COUNTY to provide service to the
CITY. The CITY understands that the COUNTY cannot and does not represent, warrant, or
guarantee that said facilities will be completed, conveyed, or placed into service by any
particular date, and further understands that the COUNTY shall be under no obligation to
require said facilities be constructed by any particular date, nor shall the COUNTY be
obligated to take or omit any action such that said facilities will be completed by any
particular date.
11. 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.
12. 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.
13. 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.
14. 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.
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CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
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20. 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.
21. 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.
22. 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.
23. 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
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CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
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.
24. 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 one hundred thirty-seven dollars
($137.00) for the twelve (12) 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 fora 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.
25. 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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CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
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.
26. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of
the water and 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.
27. 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.
28. 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 facilities, the CITY shall deliver to the
COUNTY an executed maintenance bond or alternate security deposit acceptable to the
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DEPARTMENT, which guarantees the warranty. If it becomes necessary to repair and/or
replace any of the facilities during the initial one (1) year period, then the warranty as to
those items repaired and/or replaced shall continue to remain in effect for an additional
period of one (1) year from the date of final acceptance by the COUNTY of those repairs
and/or replacement. The bond shall be in the amount equal to the sum of those portions of
the actual cost of construction of said facilities as follows:
Types of Facilities Percentage of Actual Construction Cost
Water mains 25
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.
29. 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
for a period of twenty (20) years. 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
for a period of twenty (20) years. This paragraph is subject to the limitations of Section
768.28, Florida Statutes.
30. 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.
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CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
31. 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.
32. 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.
33. 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.
34. 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.
35. 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
Page 12 of 15
CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
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.
36. 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. ELECTRONIC SIGNATURES; 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. Any party providing an electronic
signature agrees to promptly execute and deliver to the other parties an original signed
Agreement upon request.
Page 13 of 15
CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
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
3575 S. LeJeune Road, Miami, FL 33146
signature
print name
3575 S. LeJeune Road, Miami, FL 33146
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
, 2024, 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 14 of 15
CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
ATTEST:
THE CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE OF
FLORIDA
BY: BY:
Todd B. Hannon, City Clerk Arthur Noriega V, City Manager
Address: Address:
Approved as to Legal Form and
Correctness:
Approved as to Insurance Requirements:
BY: BY:
George Wysong
City Attorney
Ann -Marie Sharpe
Director of Risk Management
The foregoing instrument was acknowledged before me by means of: (check one)
❑ physical presence; or ❑ remote audio-visual means, this day of
2024, by Todd B. Hannon , as City Clerk, and Arthur Noriega V , as City Manager, of
the City of Miami, a Florida municipal corporation, on behalf of the municipality. They are
personally known to me or have produced as identification and
did/did not take an oath.
Notary Public
print name Serial Number
Approved for Legal Sufficiency:
Assistant County Attorney
Page 15 of 15
CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
A PORTION OF UN -SUBDIVIDED LANDS LYING RIM THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOUTH,
RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLL0V5
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE- QUARTER (1/4) OF SECTION 32, TOV411SFHIP 53 SOUTH, RANGE 41
EAST; THENCE RUN ALONG THE SOUTH LINE OF THE NORTHEAST ONE-OLARTER (1/4) OF SAID SECTION 32. NORTH 88'08'18' EAST
FORA DISTANCE OF 649.34 FEET TO A POINT" THENCE RUN NORTH 00'53'17" WEST FORA DISTANCE OF 45.01 FEET TO A POINT,
THENCE RUN ALONG A LINE 45.00 FEET NORTH OF AND PARALLEL WITT>; AS MEASURED AT RIGHT ANGLES TO, SAID SOUTH LINE OF
THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, NORTH 88'08'18" EAST FOR A DISTANCE OF 1236.71 FEET TO A POINT;
THENCE RUN NORTH 015257' WEST FOR A DISTANCE OF 213.00 FELT TO A POINT, THENCE RUN NORTH 88'08'18" LAST FOR A
DISTANCE OF 80.00 FEET TO A POINT THENCE RUN NORTH 0152'57" WEST FORA DISTANCE OF 1064.41 FEET TO A POINT;
THENCE RUN ALONG A LINE 30.00 FLEI SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 32, NORTH 874627" EAST FORA DISTANCE OF 700,00 FEET TO A POINT THENCE RUN ALONG
1HE WEST RIGHT-OF-WAY LINE OF N.W. 37TH AVENUE (DOUGLAS ROAD) NORTH 01'52'57' HEST FOR A DISTANCE OF 535.07 FEET
10 A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE WES1; THENCE CONTINUE ALONG THE LAST DESCRIBED COURSE,
ALONG THE ARC' OF SAID CURVE TO THE LEFT fi4VTNC A RADIUS OF 2864.79 FEET,, A CENTRAL ANGLE OF 01'14 4Q ; A CHORD
DISTANCE OF 62.22 FEET AND A CHORD BEARING OF NO2'30'17" WEST; FOR AN ARC DISTANCE OF 62.22 FEET TO A POINT THENCE
RUN RADIAL TO THE LAST DESCRIBED CURVE SOUTH 86' 5223° WEST FOR A DISTANCE OF 125.70 FEET TO THE POINT OF
BEG, WING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE RUN SOUTH 88'0703" WEST FOR A DISTANCE OF 23758
FEET TO A POINT THENCE RUN NORTH 0137 5i" WEST FOR A DISTANCE OF 390.67 FEET TO A POINT; THENCE RUN NORTH
88'07'03' EAST FOR A DISTANCE OF 237.58 FEET TO A POINT; THENCE RUN SOUTH 01'52 57. EAST FORA DISTANCE OF 390.67
FEET 11J THE PANT OF BEGINNING.
"A" 1 of 1
CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
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
CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
TYPES OF COMMERCIAL LAND USES (CONTINUED)
House of Worship
10 gpd/100 sq. ft.
Industrial use NOT discharging a process wastewater
and NOT utilizing potable water for an industrial
process (including but not limited to automotive repair,
boat repair, carpentry, factory, machine shop, welding
4 gpd/100 sq. ft.
Industrial use discharging a process wastewater or
utilizing potable water for an industrial process based
on system design and evaluation by the Department
4 gpd/100 sq. ft.
Kennel
15 gpd/100 sq. ft.
Marina
60 gpd/slip
Nail Salon
30 gpd/100 sq. ft.
Nursing/Convalescent Home
125 gpd/bed
Office Building
5 gpd/100 sq. ft.
Pet Grooming
20 gpd/100 sq. ft.
Physician's Office
20 gpd/100 sq. ft.
Public Park:
a) With toilets only
5 gpd/person
b) With toilets and showers
20 gpd/person
Public Swimming Pool Facility
30 gpd/person
Recreational Vehicle (RV) Park (seasonal use)
150 gpd/space
Restaurant
a) Fast Food
65 gpd/100 sq. ft.
b) Full Service
100 gpd/100 sq. ft.
c) Take -Out
100 gpd/100 sq. ft.
Retail
10 gpd/100 sq. ft.
School:
a) Day care/Nursery (adults and children)
b) Regular school
10 gpd/100 sq. ft.
12 gpd/100 sq. ft.
Self-service storage units
1.5 gpd/100 sq. ft.
Shopping Center/Mall Shell/Common Area
10 gpd/100 sq. ft.
Spa
20 gpd/100 sq. ft.
Sporting Facilities and Auditorium
3 gpd/seat
Theater
a) Indoor
1 gpd/seat
b) Outdoor/Drive-in
5 gpd/space
Veterinarian Office
20 gpd/100 sq. ft.
Warehouse/Speculation Building
2 gpd/100 sq. ft.
Wholesale Food Preparation (including but not limited
to meat markets and commissaries)
35 gpd/100 sq. ft.
LEGEND:
gpd - gallons per day
sq. ft. - square feet
NOTES:
1) Sewage gallonage refers to sanitary sewage flow on a per unit and/or use basis for average daily flow in gallons
per day.
2) Condominiums shall be rated in accordance with the specific type of use (e.g., apartment, townhouse,
warehouse, etc.).
"B" 2 of 2
CITY OF MIAMI ADMINISTRATION BUILDING, ID# 32830
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:
216,000 sq. ft. of office
5,000 sq. ft. of full -service restaurant
Indoor theatre for 200 persons
GALLONAGE
(gpd)
COMPLETION OF
BUILDING CONNECTION
10,800 2024 — 2025
5,000 2024 — 2025
220 2024 — 2025
"C" 1 of 1
MIAMF
COUNTY
MIAMI - DADE WATER AND SEWER DEPARTMENT
EXHIBIT "A" - 1
LOCATION SKETCH
SCALE: N.T.S
-THIS IS NOT A SURVEY-
N
W E
S
3694
690
1971 3
3691
3695
3694
3690 3684
1921
3694
1871
3695
NW 18TH TER
3694
.90 3680
1821
1811
691 3677
3695
NW 18TH ST
3694
90 3680
1721
1713 3 87 3679
CITY OF MIAMI ADMINISTRATION BUILDING
AGMT ID# 32830
FOLIO# 01-3132-000-0090
MIAMI-DADE COUNTY SEC 32-53-41
AUGUST 26, 2024