HomeMy WebLinkAboutExhibitUtilities Development ion
Water & Sewer Department
Utilities Development Division
PO Box 33016 • 3575 S Lejeune Road
Miami, FL 33233-0316
T 78
rvDesk . miamidade. • ov
*ATTENTION! PLEASE READ. FAILURE TO DO MAY RESULT IN FURTHER DELAYS*
03.28.2025 02:12PM
CITY OF MIAMI
444 SW 2nd Avenue, 3rd Floor
MIAMI FL 33130
Re: Water and Sanitary Sewer Agreement for CITY OF MIAMI CURTIS PARK COMMUNITY CENTER-
31463a, ID# 31463a
To whom it may concern:
We are pleased to enclose the water and sewer document for CITY OF MIAMI CURTIS PARK COMMUNITY
CENTER-31463a, ID# 31463a. 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 documents are satisfactory, download the Offer Package from e-Builder, then print and submit signed
original documents to the Service Desk at LeJeune Office for review by the Agreement Unit. In e-Builder, take
the Submit Docs action. 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 the submittal of signed documents (For
Covenants and Unity of Title, the Opinion must cover the time period through the date of the execution).
For online payment, please go to http://www.miamidade.gov/water/construction-development-payments.asp to
pay online. 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
Recording Fee - 1st Page
Only
List Prices ($) Total Quantity IMIr Total Fee ($)
10
1.00
10.00
Recording Fee - Per Page
after 1st
8.5
17.00
144.50
FIXED FEES GRAND TOTAL ($): $ 154.50
Builder®
ATRIMBLE COMPANY
e-Builder Help
T 786-552-8181
ebuilder-support@miamidade.gov
Utilities Peve/opnient f7ivi'sion
Water & Sewer Department
Utilities Development Division
PO Box 33016 • 3575 5 Lejeune Road
Miami, FL 33233-0316
T 78
rvDesk miamidade.•ov
Please note that the legal description on the Opinion of Title should match the legal description initially
submitted to the Department for the Agreement preparation. Failure of the legal descriptions to match will
result in time delays for your project. The documents shall not be binding upon either party until executed by
the Department on behalf of the County and all fees due are received.
This instrument was prepared using the information provided to us by the property owner and/or its agent.
Please refer to eBuilder to obtain a fully recorded copy and to check the project status.
If you have any questions regarding the agreement offer, please contact the New Business Contracts unit at
WASD-NBContracts@miamidade.gov
Sincerely,
Vanessa Cortes
New Business Division
Builder®
ATRIMBLE COMPANY
e-Builder Help
T 786-552-8181
ebuilder-support@miamidade.gov
Utilities Development ion
AGREEMENT PROCESS WASD
1) Agreement application — Submit via Utility Development Services Website
https://www.miamidade.gov/global/water/development/home.page
Water & Sewer Department
Utilities Development Division
PO Box 33016 • 3575 S Lejeune Road
Miami, FL 33233-0316
ervDesk . miamidade. •ov
2) Plans Review Unit will generate the Points of Connection (POC) via (e-Builder). The applicant will
receive an email with the POC Memo.
3) Agreement offers — After receiving the offer (e-Builder), print and submit signed original
documents to the Service Desk at LeJeune Office for review by the Agreement Unit.
4) Start the Concurrent Plans Review (063-CPR) process within the project (e-Builder) for Plans
Review Section and the other corresponding agencies to review and approve the design plans.
(Submit plans at any time after receiving the POC).
NOTE: Agreement must be executed (Developer returned status on e-Builder) to obtain
approved plans/ Public Works Permit and/ or a Verification Form letter/ Building Permit.
5) After final plans have been approved, start a "Shop Drawings (070-SD)" process within the
project (e-Builder) for Inspection Unit to review and approve Shop Drawings.
NOTE: For Public Works construction projects on any COUNTY -OWNED or maintained right-of-
way within a municipality shall be done through the Department of Transportation and Public
Works (DTPW) (dtpwpermits@miamidade.gov) and on e-Builder 059-MD PW Dry Run and 068-
MD PW Construction Permit.
6) Request Pre -Construction Meeting (PCM) with Inspections Unit (e-Builder) within the "Shop
Drawings (070-SD)" process.
7) IF APPLICABLE: Start the "Field Change" process within the project (e-Builder) at any time after
final plans are approved.
8) Start the "As -Built (100-AB)" process within the project (e-Builder) for Right -of -Way Unit to review
and approve As-builts drawings.
9) Start the "Inspection" process within the project in (e-Builder) for Inspections Unit to review and
approve the installation of mains (Inspection processes MUST be requested/started by
Contractor, Developer, and/or Owner via e-Builder).
10) "Conveyance" (110-CONV) process will be automatically started in (e-Builder) once As-builts
have been approved. Please print, sign, and bring original documents to Conveyance at
LeJeune Office.
11) Initiate Set Meter Request (008-SMR) process after Agreement is conveyed to the New
Business unit via (e-Builder).
NOTE: If you are part of a project team that entered into an Agreement with the Department, and your project has received a final construction and
completed conveyance with the WASD, but you still need to register on e-Builder as a Project Participant, please ( ) to register before initiating
Set Meter Request (008-SMR) under the Agreement or contact ebuilder-support(a�miamidade.gov.
ATRIMBLE COMPANY
Builder°t
e-Builder Help
T 786-552-8181
ebuilder-support@miamidade.gov
MIAMI-DARE
COUNTY
Water & Sewer Department
New Business Office
P.O. Box 330316
Miami, FL 33233-0316
Invoice Number
Customer Number
Invoice Date
Business Process Number (X)
Total Amount Due
CITY OF MIAMI
444 SW 2ND AVE 3RD FLOOR
MIAMI FL 33130
ATTN:
Note:
AGRMT 31463a_RECORDING FEE_CITY OF MIAMI CURTIS PARK COMMUNITY CENTER
Invoice
N00169189
00060790
March 28, 2025
$154.50
ER Water
ER Sewer
Agreement ID
31463
Description
JO/Agmt Qty UOM Unit Price Charge Amt Interest Line Total
Recording Fee 1st Page
Recording Fee Per Pge Aft 1st
Total Standard Charges
Total Invoice
EA
17 EA
1
10.00
8.50
10.00
144.50
0.00
0.00
10.00
144.50
$154.50
$154.50
Printed on 03/28/2025 by E217279 at LEJEUNE-SD
To pay online go to: http://www.miamidade.gov/water/construction-development-payments.asp
Payment must be made within 72 hours of receipt of invoice.
Refunds are based on the date of payment and subject to State Statute 95-11. Some fees are not refundable.
MIAMI•C>r4[)E
COUNTY
miarnidade.gov
Water Supply Certification Number: WSC-31463a-AGR - 2
Water Supply Certification Issued Date:March 28, 2025
Plat Number:
Owner:
CITY OF MIAMI
444 SW 2nd Avenue, 3rd Floor
MIAMI FL 33130
Agent/Representative:
Jorge R. Avino
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 , CITY OF MIAMI CURTIS PARK COMMUNITY CENTER-31463a,
Number 31463a
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
0131340000330
Address
1901 NW 24 AVE - 2350 NW N
RIVER DR
Zp Code
33125
Block Er —Proposed sq. ft. Previous sq. ft.
Proposed Use
Square Footage/ # Units
Water Gallons Per Day Ai Sewer Gallons Per Day
Community Center (10 gpd/100 sq ft)
8120
812
812
2018 - Community Center (10 gpd/100 sq ft)
Totals
Total Water GPD (Proposed Use):
Total Water Credit GPD (Previous Flow):
Reserved Flow (Net Water):
Square Footage/ # Unit Water Gallons Per Day
812
400
412
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 ravald@miamidade.gov.
Sincerely,
Vanessa Cortes
New Business Processor
Page 1 of 1
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
*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
CORAL GABLES MOBILITY HUB ID# 31463a named CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, located at
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: VILLAGE OF PALMETTO BAY, 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 , 2025
City of Miami, Attorney
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
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 CURTIS PARK COMMUNITY CENTER, ID# 31463a
THIS AGREEMENT, made and entered into at Miami -Dade County, Florida,
this day of , 2025, by and between Miami -Dade County, a political
subdivision of the State of Florida, hereinafter designated as the "COUNTY", whose
mailing address is: c/o Miami -Dade Water and Sewer Department, P.O. Box 330316,
Miami, Florida 33233-0316, and CITY OF MIAMI, a Florida municipal corporation,
hereinafter designated as the "CITY", whose mailing address is 444 S.W. 2 Avenue, Suite
#325, Miami, Florida 33130.
WITNESSETH:
WHEREAS, the CITY desires water and sewer main facilities service to be rendered
to property owned by the CITY, and
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter
designated as the "DEPARTMENT", operates the water and sewage systems owned by
the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants entered into between
the parties hereto to be made and performed and in consideration of the benefits to accrue
to each of the respective parties, it is covenanted and agreed to as follows:
1. CITY'S PROPERTY. The CITY owns a certain tract of land in Miami -Dade
County, Florida, which is legally described in Exhibit "A" attached hereto and made a part
hereof, hereinafter sometimes described as the "CITY'S property". The CITY has
requested that the DEPARTMENT render water and sewer service to the CITY'S property
and the COUNTY agrees to do so subject to the terms, covenants and conditions contained
herein.
2. WAIVER. No delay or failure to exercise a right under this Agreement or any
other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or
indulgence of any breach of this Agreement or series of breaches shall be deemed or
construed as a waiver of any other breach of same or as voiding or altering any other
obligation of the parties under this Agreement or any other Agreement. No order or
directive given by the COUNTY or its agents shall be considered as waiving any portion of
this Agreement unless done in writing by a person having actual authority to grant such
waiver.
3. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees
that any right to connect the CITY'S property to the COUNTY'S sewer system is subject to
the terms, covenants and conditions set forth in court orders, judgments, consent orders,
consent decrees and the like entered into between the COUNTY and the United States, the
State of Florida and/or any other governmental entity, including but not limited to, the
Consent Decree entered on April 9, 2014, in the United States of America, State of Florida
and State of Florida Department of Environmental Protection v. Miami -Dade County, Case
No. 1:12-cv-24400-FAM, as well as all other current, subsequent or future enforcement and
regulatory actions and proceedings.
Page 2 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
4. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY
will provide an adequate domestic water supply for the CITY'S property and will receive
and dispose of sanitary sewage from the CITY'S property. The CITY shall pay water and
sewer connection charges for all those units to be constructed on the CITY'S property
subject to the limitations specified herein. The CITY acknowledges that, to the extent that
water or sewer service will ultimately be rendered to the CITY'S property by a volume
customer, the CITY is a new retail user provided water or sewer service from a volume
customer, and acknowledges that it is responsible for payment of connection charges;
however, in the event that water or sewer service is provided directly by the COUNTY, the
CITY acknowledges that it is a new retail customer of the COUNTY and accordingly also
liable for payment of connection charges. The CITY may be considered both a new retail
customer and a new retail user provided service by a volume customer in the event that the
COUNTY provides water service to the CITY'S property and a volume customer provides
sewer service, or vice -versa. The connection charges are based on the average daily
gallons for the various building units and/or use as shown on Exhibit "B" attached hereto
and made a part hereof, and as revised by the COUNTY from time to time, multiplied by the
applicable rates established by the COUNTY. The CITY intends to construct and connect
to the COUNTY'S water and sewer system eight thousand one hundred twenty (8,120)
square feet of community center, representing an average daily gallonage of eight hundred
twelve (812) gallons replacing four thousand (4,000) square feet of community center,
previously connected to the COUNTY'S water and sewer systems, representing an
average daily gallonage credit of four hundred (400) gallons. Therefore, the agreed total
average daily gallonage increase is four hundred twelve (412) gallons, resulting in
combined water and sewer connection charges in the amount of two thousand eight
hundred seventy-nine dollars and eighty-eight cents ($2,879.88). However, water and
sewer connection charges shall be calculated at the rates in effect at the time of actual
connection to the COUNTY'S water and sewer systems. The DEPARTMENT'S current
connection charge rates are one dollar and thirty-nine cents ($1.39) and five dollars and
sixty cents ($5.60) per gallon per day for water and sewer, respectively. The water and
sewer connection charge rates are subject to revision by the Board of County
Commissioners at any time. The CITY shall pay fees and/or charges specified herein at
the time of issuance of Verifications Form(s). The DEPARTMENT shall not, under any
circumstances, render water and/or sewer service to the CITY'S property until such time as
the fees and/or charges specified herein have been paid in full.
5. OTHER USES ON THE PROPERTY. If the CITY constructs buildings other
than those outlined in paragraph 4 above, or otherwise changes the use of structures built
such that paragraph 4 is no longer an accurate description of the uses at the CITY'S
property, the COUNTY shall determine if additional capacity is needed, as calculated using
Exhibit "B" attached hereto and as revised by the COUNTY from time to time. If additional
capacity is required, connection charges, computed at prevailing rates, capacity allocation,
if available, and construction connection charges, if any, shall be required to be paid by the
CITY. If requested by the DEPARTMENT, the CITY shall provide the COUNTY a list of all
tenants and building units and/or use prior to the installation of any water meters and/or
rendition of sewer service by the COUNTY for the CITY'S property.
Page 3 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
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. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost
and expense shall cause to be designed, constructed and installed all of the necessary
water and/or sewer facilities provided for in this Agreement unless otherwise specified. The
facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines,
service connections, service lines, shutoffs, meter boxes, air release valves, gravity sewer
mains, laterals, manholes and all appurtenances thereto for a complete installation. The
final design and construction of the facilities shall meet the requirements set forth in the
latest revision of the DEPARTMENT'S "Rules and Regulations" for water and sewer
service, shall be in accordance with the latest revision of the DEPARTMENT'S "Design and
Construction Standard Specifications and Details", and shall be subject to approval by the
DEPARTMENT.
8. 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.
9. 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.
10. 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.
11. 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.
Page 4 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
12. 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.
13. 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.
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. 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.
16. 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.
17. TREATMENT AND TRANSMISSION CAPACITY. In addition to the
covenants and conditions set forth herein, water and sewer service to be rendered by the
COUNTY is subject to the following:
a. Issuance of a valid operation permit by the State of Florida for the
COUNTY'S sewage treatment facility serving the CITY'S property which
allows additional connections,
Page 5 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
b. Sufficient available capacity in the COUNTY'S sewer system and connection
approval, as specified in paragraph 3 herein,
c. Available water by the COUNTY.
However, in no event will the COUNTY be obligated to supply any more water or sewage
treatment capacity in any one year than is called for by the building connection schedule
attached hereto and made a part hereof as Exhibit "C". Any variation from said
connection schedule which results in increased yearly demand on the water resources or
sewage treatment facility capacity of the COUNTY not specifically provided for in Exhibit
"C" shall be subject to the written approval and consent of the DEPARTMENT and shall be
dependent on the availability of the water resource and the various restrictions placed on
the supply of water or the disposal of sewage by local, state and federal government
agencies and the physical limitations on the COUNTY'S supply and treatment capacity. If
the CITY does not utilize the yearly amount of water or sewage treatment facility allocation
specified in Exhibit "C", said amount will be available to the CITY in the next calendar year
subject to the limitations and provisions specified herein.
18. ALLOCATION OF CAPACITY. The COUNTY agrees to include the
aforesaid allocation in its regional water supply, production and transmission facilities and
regional sanitary sewer system, once the CITY is granted necessary sewer allocation, as
specified in paragraph 4 hereinabove. However, it is mutually agreed and understood by
the COUNTY and the CITY that the allocation of capacity by the COUNTY does not
guarantee the ability of the COUNTY to supply water for the CITY'S property or the ability
to receive and dispose of sewage originating from the CITY'S property. Capacity allocation
is subject to local, state and federal agencies and other regulatory bodies having
jurisdiction. In connection therewith, the CITY agrees that the COUNTY shall not be liable
or in any way responsible for any costs, claims or losses incurred by the CITY as a result of
actions by regulatory bodies, which are related to capacity allocation.
19. FACILITIES EASEMENTS. If the facilities contemplated herein or any
portion thereof are installed within private property outside of public right-of-way, the
facilities shall be installed in the center of a twelve (12) foot wide easement for water
facilities and a fifteen (15) foot wide easement for sewer facilities. Both require a twenty-
five (25) foot minimum vertical clearance above the finished grade. The DEPARTMENT
shall have twenty-four (24) hour access to the easement for emergency purposes. If the
facilities are not located in platted easements, then easements shall be granted to the
COUNTY by the CITY prior to the COUNTY'S installation of a water meter and/or the
rendition of sewer service to the CITY'S property. The CITY may not place any pavers or
other structures in an easement area which would prevent the DEPARTMENT, at its sole
discretion, from making full use of the easement, and the CITY shall remove same, at the
CITY'S cost, at the direction of the COUNTY. The CITY may place pavers or other
structures in the easement area if such pavers or other structures can be removed, with
minimal effort by the DEPARTMENT, in the event that such pavers or other structures need
to be removed in order for the DEPARTMENT to make use of the easement; the CITY
places such pavers or other structures in the easement area at its own risk, and the
DEPARTMENT shall not be liable for any costs incurred by the CITY in replacing any such
pavers or other structures removed by the DEPARTMENT.
Page 6 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
20. CONVEYANCE OF TITLE. Conveyance of all easements shall be by
separate instruments in recordable form as approved by the COUNTY and shall be
accompanied by a written opinion of title by an attorney licensed to practice law in the State
of Florida, which states that the CITY is the owner of the property interest to be conveyed,
subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY.
The opinion shall also state that upon execution by the CITY, a valid and enforceable
easement will be vested to the COUNTY. The CITY shall pay for all recording fees and for
all documentary stamps. The details for all conveyances are specified herein. Failure of
the CITY to provide proper conveyances shall be cause for the COUNTY to refuse to
render service to the CITY'S property.
21. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of
the water and 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.
22. TERM OF AGREEMENT. Both the CITY and the COUNTY recognize that
time is of the essence and that this Agreement shall be deemed null and void and
unenforceable if the CITY fails to comply with any of the following conditions, where
applicable:
a. After execution of this Agreement, work on the water and sewer facilities
shall commence within three hundred sixty-five (365) days from the execution
date. Work shall be considered to have commenced and be in active
progress when engineering drawings are submitted to the DEPARTMENT for
review and approval, and, upon the DEPARTMENT'S issuance of said
approval, a full complement of workmen and equipment is present at the site
to diligently incorporate materials and equipment into the construction of the
water and/or sewer facilities throughout the day on each full working day,
weather permitting.
b. Once the CITY commences work on the water and sewer facilities, said work
cannot be suspended, abandoned, or not in active progress for a period
exceeding three hundred sixty-five (365) days.
Page 7 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
c. The remedies specified herein are cumulative with and supplemental to any
other rights which the COUNTY may have pursuant to the law or any other
provision of this agreement.
23. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless
the COUNTY and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costs of defense, which the
COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of relating to or resulting from the performance of this Agreement by the CITY or its
employees, agents, servants, partners, principals, contractors and/or subcontractors. The
CITY shall pay subject to the limitations of Section 768.28 Florida Statutes, all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions
of any kind or nature in the name of the COUNTY, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
thereon. The CITY expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the CITY shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers,
employees, agents and instrumentalities as herein provided. The provisions in this clause
shall survive the termination or expiration of this Agreement for a period of twenty (20)
years. This 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.
24. FORCE MAJEURE. Should either party be prevented from performing any
obligations herein, including but not limited to water and/or sewer service, due to or
resulting from a force majeure or inevitable accident or occurrence, such party shall be
excused from performance. As used herein, force majeure shall mean an act of God which
Page 8 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
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.
25. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the
prevailing service charges for water supply and fire protection, sewage collection and
disposal within the CITY'S property as may be applicable until the responsibility for
payment of said charges is properly transferred in accordance with the COUNTY'S
regulations.
26. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to
make full use of the water and/or sewer facilities to be owned by the COUNTY as
contemplated herein to serve other customers at any time.
27. OPINION OF TITLE. With the execution of this Agreement, the CITY at its
own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S property,
issued by a qualified attorney licensed to practice law in the State of Florida, which states
that the CITY owns fee simple title to the property referred to herein.
28. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that
prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests
must be performed. It is the responsibility of the CITY to comply with all such requirements
and to obtain all necessary approvals. In addition, the use of floating meters for
construction purposes is subject to State of Florida requirements and approval by the
COUNTY. The CITY may request approval for the use of floating meters prior to actual
conveyance of title to the facilities to the COUNTY. However, the COUNTY may be
required to execute documents to Miami -Dade Department of Regulatory and Economic
Resources (RER) or State of Florida Department of Health (DOH), which state that the
COUNTY has accepted title to the facilities. If the COUNTY is required to execute such
documents, the CITY agrees to indemnify and hold the COUNTY harmless from and
against all claims, actions, judgments, damages, loss, cost and expense including
reasonable attorney's fees which may be incurred by the COUNTY in connection with the
rendition of water service through the facilities constructed and installed by the CITY prior
to conveyance of title to the COUNTY, including but not limited to those that result from
failure to properly maintain and repair the water facilities. The provisions in this clause shall
survive the termination or expiration of this Agreement subject to the limitations of Section
768.28 Florida Statutes.
Page 9 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
29. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage
disposal service commitment provided for in this Agreement shall be transferred, assigned
or otherwise conveyed to any other party without the express written consent of the Director
of the DEPARTMENT or his designee except as noted below. The consent of the
DEPARTMENT shall not be required in connection with the sale, lease or other
conveyance of property or any residential units or commercial establishments to any party
who will be the ultimate user of the property, including but not limited to a bona fide
purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent
of the DEPARTMENT for assignments or transfers of any water and sewage disposal
capacity allocation to any party who holds such property as an investment for resale or who
intends to develop for sale a portion of the CITY'S property, so that the COUNTY can
adequately determine the demand for water and sewage disposal capacity and plan for the
fair and equitable allocation of water and sewage disposal capacity among the residents of
Miami -Dade County. Consent, when required, shall not unreasonably be withheld by the
DEPARTMENT. If the CITY'S property is transferred or conveyed, the CITY shall remain
liable to the COUNTY for all sums of money and all obligations due hereunder unless
released in writing by the COUNTY.
30. ENTIRE AGREEMENT. This Agreement supersedes all previous
agreements and representations, whether oral or written, between the CITY and the
COUNTY, and that certain Agreement for "City of Miami Curtis Park Community
Center", ID# 31463, dated May 9, 2023, recorded in Official Records Book 33706, at Page
953, of the Public Records of Miami -Dade County, Florida, and made with respect to the
matters contained herein and when duly executed constitutes the complete Agreement
between the CITY and the COUNTY.
31. NOTICE. All notices given pursuant to this Agreement shall be mailed by
United States Postal Service registered or certified mail to the parties at the addresses
specified on page 2 of this Agreement or addresses otherwise properly furnished.
32. RECORDING OF AGREEMENT. This Agreement is being recorded in the
public records of Miami -Dade County, Florida, for the particular purpose of placing all
owners and occupants, their successors and assigns, upon notice of the provisions herein
contained. The CITY shall pay all recording fees.
33. FLORIDA LAW. This Agreement shall be interpreted under Florida law.
Venue for any litigation relating to this Agreement shall be had in Miami -Dade County,
Florida.
34. SEVERABILITY. If any section, subsection, sentence, clause or provision of
this Agreement is held invalid, the remainder of this Agreement shall not be affected by
such invalidity.
35. 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
Page 10 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
(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 11 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
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: Amanda Kinnick, Interim 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
, 2025, by Brandon Garcia, New Business Manager, for Amanda
Kinnick, Interim Director, of the Miami -Dade Water and Sewer Department, who is
personally known to me and did not take an oath.
Notary Public
print name Serial Number
Page 12 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
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 Approved as to Insurance
Correctness: Requirements:
BY: BY:
George Wysong
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
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
2025, 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 13 of 13
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
The West 1/2 of the E 1/2 of the NW 1/4 of Section 34, Township 53 South, Range 41 East, North of River
less 50 feet for Road, less N 20 feet Et less W 25 feet of N 142 feet for Streets and River Right -of -Way.
Being and lying in Miami -Dade County, Florida.
Together with:
A portion of the NW 114 of Section 34,Township 53 South, Range 41 East, Miami -Dade County, Florida,.
bounded on the North River Drive, on the South by the Miami River, on the West by N.W. 24th Avenue and
on the East by Lot C of Washburns Subdivision, recorded in Plat Book 4, at Page 112, lying and being in
Miami -Dade County, Florida, more particularly described as follows:
Commence at the Monument which is the intersection of the Monument Lines of N.W. 24th Avenue with
N.W. North River Drive as shown in the Atlas Sheet No. 253; thence run 556°42'01"E along the Monument
Line of North River Drive for a distance of 102.40 feet to a point; thence run 533°17'59'"W for a distance
of 25.00 feet to the Point of Beginning, that point being on the South Right -of Way Line of North River
Drive; thence run 556'42'01"E along the South Right -of Way Line of North River Drive for a distance of
397.86 feet to a Point of Curvature of a circular curve concave to Southwest, having for its elements a
Radius of 275.00 feet, a Central Angle of 20'11'40" and an Arc distance of 96.63 feet to the Point of
Tangency; thence run 536°30°21"°E along the South Right -of Way Line of North River Drive for a distance of
305.92 feet to a Point of Curvature of a circular curve concave to Northeast, having for its elements a
Radius of 60.00 feet, a Central Angle of 59'40'09°' and an Arc distance of 61.44 feet to a Point; thence run
NO2°12'591W for a distance of 10.00 feet to a point; thence run N87`47'01"E for a distance of 1,43 feet to
a point on the Westerly Boundary Line of Lot C, of Washburns Subdivision, recorded in Plat Book 4, at
Page 112, lying and being in Miami -Dade County, Florida; thence run 501 °4T16"E for a distance of 100.00
feet to a point, the following three courses run parallel with the edge of water; thence run N58°47'22'W
for a distance of 110.00 feet to a point; thence run N00°1T22"E for a distance of 89.45 feet to a point;
thence run N88°13'43"W for a distance of 71.53 feet to a point on the face of the existing seawall; the
following eight courses run along said seawall; thence run S01°05'28°W for a distance of 42.93 feet to a
point; thence run N72'29'50"W for a distance of 35.47 feet to a point; thence run N66°50`04°W for a
distance of 34.1E feet to a point; thence run N67°3810"W for a distance of 64.12 feet to a point; thence
run N80°43'37"w for a distance of 87.28 feet to a point; thence run N80"55'23' W for a distance of 142.02
feet to a point; thence run N81 `31'09'W for a distance of 133.18 feet to a point; thence run N85°04'52"W
for a distance of 17.09 feet to a point on the East Right -of -Way Line of N.W. 24th Avenue; thence run
NO1 °48'06' W along said Right -of -Way Line for a distance of 416.34 feet to the Point of Curvature of a
circular curve concave to Southeast, having for its elements a Radius of 25.00 feet, a Central Angle of
125°06'05" and an Arc distance of 54.59 feet to the Point of Beginning.
"A" 1 of 1
CITY OF MIAMI CURTIS PARK COMMUNITY CENTER, ID# 31463a
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 CURTIS PARK COMMUNITY CENTER, ID# 31463a
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 CURTIS PARK COMMUNITY CENTER, ID# 31463a
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS
GALLONAGE
(gpd)
COMPLETION OF
BUILDING CONNECTION
Construct and connect to the County's
water and sewer systems 8,120 sq. ft. of
community center 812 2025 — 2026
Previously connected to the County's
water and sewer systems 4,000 sq. ft. of
community center -400 (credit) n/a
"C" 1 of 1
MIAMI-
COUNTY
MIAMI - DADE WATER AND SEWER DEPARTMENT
EXHIBIT "A" - 1
LOCATION SKETCH
SCALE: N.T.S
-THIS IS NOT A SURVEY-
EM
N
W E
S
CITY OF MIAMI
CURTIS PARK COMMUNITY CENTER
AGMT ID# 31463a
FOLIO# 01-3134-000-0330
MIAMI-DADE COUNTY SEC 34-53-41
MARCH 26, 2025