HomeMy WebLinkAbout25156AGREEMENT INFORMATION
AGREEMENT NUMBER
25156
NAME/TYPE OF AGREEMENT
MIAMI-DADE COUNTY
DESCRIPTION
WATER & SANITARY SEWER FACILITIES AGREEMENT/5435
NW 1 CT - TWO STORY TWIN HOME RESIDENCE, ID#
32792/FILE ID: 9202/R-21-0281/MATTER ID: 24-1913/#81
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
8/22/2024
DATE RECEIVED FROM ISSUING
DEPT.
8/27/2024
NOTE
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5435 NW 1 CT - TWO STORY TWIN HOME RESIDENCE, ID# 32792
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
5435 NW 1 CT — TWO STORY TWIN HOME RESIDENCE, ID# 32792
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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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 one (1) duplex,
representing an average daily gallonage of three hundred (300) gallons, replacing one (1)
single-family residence (less than 3,001 square feet), previously connected to the
COUNTY'S water system, representing an average daily gallonage credit of two hundred
ten (210) gallons of water only, and with an additional credit, per Verification Form #23-
2023-L-VF-1 and Invoice #11679, of three hundred (300) gallons of water only. Therefore,
the agreed total average daily gallonage increase is three hundred (300) gallons of sewer,
resulting in sewer connection charges in the amount of one thousand six hundred eighty
dollars ($1,680.00). 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. Developers of affordable housing, as defined
by US Department of Housing and Urban Development (HUD), or workforce housing as
defined in Metropolitan Miami -Dade County Code, or by municipal government having
jurisdiction over its own program, and have obtained dedicated funding commitments from
Miami -Dade County, as administered by the applicable entity with jurisdiction, or from other
public funding sources as defined in Chapter 420 of the Florida Statutes, shall pay
connection charges prior to the installation of a water meter. Written verification of
affordable housing designation and said dedicated funding commitments, including Letters
of Agreement (LOAs) and Developers Agreements for the applicant's development shall be
obtained from such entities or sources and provided to the DEPARTMENT at time of water
verification form request. 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.
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5. OTHER USES ON THE PROPERTY. If the CITY constructs and/or connects
buildings other than those outlined in paragraph 4 above, or otherwise changes the use of
structures built such that paragraph 4 is no longer an accurate description of the uses at
the CITY'S property, the COUNTY shall determine if additional capacity is needed, as
calculated using Exhibit "B" attached hereto and as revised by the COUNTY from time to
time. If additional capacity is required, connection charges, computed at prevailing rates,
capacity allocation, if available, and construction connection charges, if any, shall be
required to be paid by the CITY. If requested by the DEPARTMENT, the CITY shall
provide the COUNTY a list of all tenants and building units and/or use prior to the
installation of any water meters and/or rendition of sewer service by the COUNTY for the
CITY'S property.
6. POINTS OF CONNECTION. The DEPARTMENT shall provide points of
connection to the CITY based on the project as specified in the Agreement. The CITY shall
provide plans for the DEPARTMENT'S review based on the points of connection. Points of
connection shall not be changed without prior approval by the DEPARTMENT.
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. BISCAYNE BASIN SANITARY SEWER SPECIAL CONNECTION CHARGE.
The COUNTY hereby represents and the CITY acknowledges that the gravity sewer basin
that will serve the CITY'S property, at the present time may not meet COUNTY criteria for
conveying additional flows, including those of the proposed development within the CITY'S
property as specified in paragraphs 4 and 5 hereinabove. The COUNTY intends to
construct the necessary improvements and has adopted a special connection charge to
pay for the construction of necessary improvements in accordance with COUNTY
Ordinance No. 13-57. The CITY acknowledges and agrees that it shall pay to the COUNTY
said special connection charge in the amount of four dollars and twenty-four cents ($4.24)
per average daily gallon, as specified in paragraphs 4 and 5 hereinabove, to be connected
to the COUNTY'S sewer system, resulting in a total special connection charge of one
thousand two hundred seventy-two dollars ($1,272.00). Said payment shall be a condition
precedent to any obligation on the part of the COUNTY to provide service to the property.
Notwithstanding the preceding, nothing contained herein shall obligate the COUNTY to
provide service to the property if said service is in contravention to any consent order or
agreed order to which the COUNTY is a party, or of any rule or statute. The
DEPARTMENT makes no representations as to the likely date the referenced
improvements will be placed into service, and the CITY shall have no cause of action, at
law or equity, against the COUNTY arising out of the construction of said improvements.
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9. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost
and expense shall cause to be designed, constructed and installed all of the necessary
water and/or sewer facilities provided for in this Agreement unless otherwise specified. The
facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines,
service connections, service lines, shutoffs, meter boxes, air release valves, gravity sewer
mains, laterals, manholes, and all appurtenances thereto for a complete installation. The
final design and construction of the facilities shall meet the requirements set forth in the
latest revision of the DEPARTMENT'S "Rules and Regulations" for water and/or sewer
service, shall be in accordance with the latest revision of the DEPARTMENT'S "Design and
Construction Standard Specifications and Details", and shall be subject to approval by the
DEPARTMENT.
10. INSPECTION. The COUNTY shall have the right but not the obligation to
make engineering inspections of all the construction work performed by the CITY under the
terms of this Agreement including private facilities not to be conveyed to the COUNTY.
Such inspections shall not be construed to constitute any guarantee on the part of the
COUNTY as to the quality and condition of materials and workmanship. Any inspections by
the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of
said facilities in accordance with approved plans and specifications. Furthermore, any
inspections by the DEPARTMENT shall not relieve the CITY of responsibility for the quality
and condition of materials and workmanship.
11. TESTS. During construction and at the time when various tests are required,
the COUNTY'S engineer or its authorized representative, together with the CITY'S
engineer and contractor, shall jointly be present to witness tests for determination of
conformance with approved plans and specifications. The CITY shall notify the COUNTY a
minimum of twenty-four (24) hours in advance of the tests.
12. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule
construction meetings with the CITY'S representatives (Engineer, Project Manager,
Construction Superintendent and others) at a place designated by the COUNTY with
respect to project related matters upon twenty-four (24) hours' notice.
13. SUBCONTRACTORS AND CONSULTANTS. The COUNTY reserves the
right, at any time, to bar any subcontractor or consultant employed by the CITY from
engaging in any sort of work or activity related to this Agreement, if such be in the interests
of the COUNTY. In the event the COUNTY rejects any subcontractor or consultant, said
subcontractor or consultant will immediately cease work on anything related to this
Agreement. The CITY shall not be entitled to compensation for any monies previously paid
to any subcontractor or consultant if said subcontractor or consultant is rejected by the
COUNTY.
14. COMPLIANCE WITH ALL LAWS. The CITY, at its own cost and expense,
shall comply with all applicable laws, statutes, rules, and ordinances in carrying out the
activities contemplated herein.
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15. APPROVALS AND PERMITS. The CITY shall be fully responsible for
obtaining all required approvals from all appropriate governmental and regulatory agencies
and all necessary permits for all facilities contemplated in this Agreement. Notwithstanding
anything else contained herein to the contrary, this Agreement shall not constitute or be
interpreted as a waiver of any requirements of any other agency of Miami -Dade County
and/or any requirements of the Code of Miami -Dade County. The CITY is responsible for
obtaining all permits as may be required for the work contemplated herein pursuant to the
Code of Miami -Dade County.
16. COUNTY AS PERMITTEE. Certain federal, state and county agencies,
including but not limited to the State of Florida Department of Transportation, the South
Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East
Coast Railroad may require that the COUNTY be named as permittee for certain
construction activities even though the CITY or the CITY'S contractor will actually perform
the work. To insure that the COUNTY will incur no costs or liability as a result of being
named permittee on such permits, the CITY shall provide sufficient security as acceptable
to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions,
judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to
work performed by the CITY pursuant to such permits. The security shall be furnished prior
to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate
for the permit work. The CITY shall have sixty (60) days to resolve any claims by a
permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the
security. The CITY shall be liable for all costs in excess of the security, subject to the limits
of Section 768.28 Florida Statutes.
17. WATER SERVICE LINES. Any water service lines two (2) inches or Tess in
diameter that are required for the CITY'S property which will be directly connected to
existing mains owned by the COUNTY shall be installed by the CITY'S Contractor under
supervision of a DEPARTMENTAL Water Distribution Licensed Operator and Donations
Inspector. The CITY hereby agrees to pay to the COUNTY its work order charges prior to
any such installation.
18. OWNERSHIP OF WATER METER. The COUNTY shall own and install the
required water meter as a part of any water service installation. Ownership by the
COUNTY shall terminate at the outlet side of each water meter. The CITY shall pay all
applicable installation fees.
19. 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.
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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.
20. 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.
21. FACILITIES EASEMENTS. If the facilities contemplated herein or any
portion thereof are installed within private property outside of public right-of-way, the
facilities shall be installed in the center of a twelve (12) foot wide easement for water
facilities and fifteen (15) foot wide easement for sewer facilities. Both require a twenty-five
(25) foot minimum vertical clearance above the finished grade. The DEPARTMENT shall
have twenty-four (24) hour access to the easement for emergency purposes. If the facilities
are not located in platted easements, then easements shall be granted to the COUNTY by
the CITY prior to the COUNTY'S installation of a water meter and/or the rendition of sewer
service to the CITY'S property. The CITY may not place any pavers or other structures in
an easement area which would prevent the DEPARTMENT, at its sole discretion, from
making full use of the easement, and the CITY shall remove same, at the CITY'S cost, at
the direction of the COUNTY. The CITY may place pavers or other structures in the
easement area if such pavers or other structures can be removed, with minimal effort by
the DEPARTMENT, in the event that such pavers or other structures need to be removed
in order for the DEPARTMENT to make use of the easement; the CITY places such pavers
or other structures in the easement area at its own risk, and the DEPARTMENT shall not
be liable for any costs incurred by the CITY in replacing any such pavers or other structures
removed by the DEPARTMENT.
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22. CONVEYANCE OF TITLE. Conveyance of all easements shall be by
separate instruments in recordable form as approved by the COUNTY and shall be
accompanied by a written opinion of title by an attorney licensed to practice law in the State
of Florida, which states that the CITY is the owner of the property interest to be conveyed,
subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY.
The opinion shall also state that upon execution by the CITY, a valid and enforceable
easement will be vested to the COUNTY. The CITY shall pay for all recording fees and for
all documentary stamps. The details for all conveyances are specified herein. Failure of
the CITY to provide proper conveyances shall be cause for the COUNTY to refuse to
render service to the CITY'S property.
23. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of
the water and 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.
24. 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.
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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.
25. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless
the COUNTY and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costs of defense, which the
COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to, or resulting from the negligent or wrongful act or omission of the CITY and/or
its officers, employees, agents, servants, partners, principals, contractors and/or
subcontractors, during the term of this Agreement. The CITY shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions
of any kind or nature in the name of the COUNTY, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
thereon. The CITY expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the CITY shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers,
employees, agents and instrumentalities as herein provided. Nothing herein shall be
deemed to indemnify the COUNTY from any liability or claim arising out of or relating to the
negligent or wrongful act or omission of the COUNTY, its officers, employees, or agents.
The provisions in this clause shall survive the termination or expiration of this Agreement.
This paragraph is subject to the limitations of Section 768.28, Florida Statutes.
The COUNTY shall indemnify and hold harmless the CITY and its officers, agents,
employees, and instrumentalities from any and all liability, losses or damages, including
attorney's fees and costs of defense, which the CITY and/or its officers, employees, or
agents, may incur as a result of claims, demands, suits, causes of actions, or proceedings
of any kind or nature arising out of, relating to, or resulting from the negligent or wrongful
act or omission of the COUNTY and/or its officers, employees, agents, servants, partners,
principals, contractors and/or subcontractors, during the term of this Agreement. The
COUNTY shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits, or actions of any kind or nature in the name of the CITY, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and
reasonable attorneys' fees which may issue thereon. The COUNTY expressly understands
and agrees that any insurance protection required by this Agreement or otherwise provided
by the COUNTY shall in no way limit the responsibility to indemnify, keep and save
harmless, and defend the CITY or its officers, employees, or agents, as herein provided.
Nothing herein shall be deemed to indemnify the CITY from any liability or claim arising out
of the negligent or wrongful act or omission of the CITY, its officers, employees, or agents.
The provisions in this clause shall survive the termination or expiration of this Agreement.
This paragraph is subject to the limitations of Section 768.28, Florida Statutes.
26. FORCE MAJEURE. Should either party be prevented from performing any
obligations herein, including but not limited to water and/or sewer service, due to or
resulting from a force majeure or inevitable accident or occurrence, such party shall be
excused from performance. As used herein, force majeure shall mean an act of God which
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includes but is not limited to sudden, unexpected or extraordinary forces of nature such as
floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions
or other forces of nature. Inevitable accidents or occurrences shall mean those which are
unpreventable by either party and shall include but not be limited to strikes, lockouts, other
industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots,
federal, state, county and local governmental restraints and restrictions, military action, civil
disturbances, explosions, conditions in federal, state, county and local permits, bid protests,
manufacturing and delivery delays, unknown or unanticipated soil, water or ground
conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of
either party, whether or not specifically enumerated herein.
27. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the
prevailing service charges for water supply and fire protection, sewage collection and
disposal within the CITY'S property as may be applicable until the responsibility for
payment of said charges is properly transferred in accordance with the COUNTY'S
regulations.
28. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to
make full use of the water and/or sewer facilities to be owned by the COUNTY as
contemplated herein to serve other customers at any time.
29. OPINION OF TITLE. With the execution of this Agreement, the CITY at its
own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S property,
issued by a qualified attorney licensed to practice law in the State of Florida, which states
that the CITY owns fee simple title to the property referred to herein.
30. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that
prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests
must be performed. It is the responsibility of the CITY to comply with all such requirements
and to obtain all necessary approvals. In addition, the use of floating meters for
construction purposes is subject to State of Florida requirements and approval by the
COUNTY. The CITY may request approval for the use of floating meters prior to actual
conveyance of title to the facilities to the COUNTY. However, the COUNTY may be
required to execute documents to the Miami -Dade County Department of regulatory and
Economic Resources (RER) or State of Florida Department of Health (DOH), which state
that the COUNTY has accepted title to the facilities. If the COUNTY is required to execute
such documents, the CITY agrees to indemnify and hold the COUNTY harmless, subject to
the limits of Section 768.28 Florida Statutes, from and against all claims, actions,
judgments, damages, Toss, cost and expense including reasonable attorney's fees which
may be incurred by the COUNTY in connection with the rendition of water service through
the facilities constructed and installed by the CITY prior to conveyance of title to the
COUNTY, including but not limited to those that result from failure to properly maintain and
repair the water facilities.
31. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage
disposal service commitment provided for in this Agreement shall be transferred, assigned
or otherwise conveyed to any other party without the express written consent of the Director
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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.
32. ENTIRE AGREEMENT. This Agreement supersedes all previous
agreements and representations, whether oral or written, between the CITY and the
COUNTY, and made with respect to the matters contained herein and when duly executed
constitutes the complete Agreement between the CITY and the COUNTY.
33. NOTICE. All notices given pursuant to this Agreement shall be mailed by
United States Postal Service registered or certified mail to the parties at the addresses.
specified on page 2 of this Agreement or addresses otherwise properly furnished.
34. RECORDING OF AGREEMENT. This Agreement is being recorded in the
public records of Miami -Dade County, Florida, for the particular purpose of placing all
owners and occupants, their successors and assigns, upon notice of the provisions herein
contained. The CITY shall pay all recording fees.
35. FLORIDA LAW. This Agreement shall be interpreted under Florida law.
Venue for any litigation relating to this Agreement shall be had in Miami -Dade County,
Florida.
36. SEVERABILITY. If any section, subsection, sentence, clause or provision of
this Agreement is held invalid, the remainder of this Agreement shall not be affected by
such invalidity.
37. 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 11 of 13
5435 NW 1 CT — TWO STORY TWIN HOME RESIDENCE, ID# 32792
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
By:
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
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 12 of 13
5435 NW 1 CT — TWO STORY TWIN HOME RESIDENCE, ID# 32792
ATTEST:
Todd B.
Address:
Approved as to Legal Form and
Correctness:
BY:
rge K. Wysong III
City Attorney ko 7 n
THE CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE OF
FLORIDA
BY:
ity Clerk Arthur Noriega V, City Manager
Address:
Approved as to Insurance Requirements:
BY:
Ann -Marie Sharp
Director of Risk Man •ement
The foregoing instrument was acknowledged before me by means of: (check one)
❑ physical presence; or ❑ remote audio-visual means, this M day of k.tgt)k
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.
Pubic
print name
Approved for Legal Sufficiency:
Assistant County Attorney
Page 13 of 13
Serial Number
L.:P''
SANDRAGILBERT
MY COMMISSION # HH 112572
EXPIRES: April 20, 2025
;;oF Ft° Bonded Thru Notary Public Underwriters
5435 NW 1 CT - TWO STORY TWIN HOME RESIDENCE, ID# 32792
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
THE NORTH 53.94 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT A POINT 15.00 FEET NORTH OF AND 2,036.97 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 53
SOUTH, RANGE 41 EAST, THENCE RUN WEST 142.00 FEET; THENCE RUN NORTH 130.00 FEET FOR THE POINT OF BEGINNING: THENCE
RUN WEST 65.00 FEET, THENCE RUN NORTH 162.24 FEET, THENCE RUN EAST 100.00 FEET.• THENCE RUN SOUTH 162.97 FEET; THENCE
RUN WEST 35.00 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN DADE COUNTY, FLORIDA. LOCATED WITHIN THE
BOUNDARIES OF A. F. MERRITT AS RECORDED IN PLAT BOOK B AT PAGE 104, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
"A" 1 of 1
5435 NW 1 CT — TWO STORY TWIN HOME RESIDENCE, ID# 32792
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
5435 NW 1 CT — TWO STORY TWIN HOME RESIDENCE, ID# 32792
TYPES OF COMMERCIAL LAND USES (CONTINUED)
House of Worship
10 gpd/100 sq. ft.
Industrial use NOT discharging a process wastewater
and NOT utilizing potable water for an industrial
process (including but not limited to automotive repair,
boat repair, carpentry, factory, machine shop, welding
4 gpd/100 sq. ft.
Industrial use discharging a process wastewater or
utilizing potable water for an industrial process based
on system design and evaluation by the Department
4 gpd/100 sq. ft.
Kennel
15 gpd/100 sq. ft.
Marina
60 gpd/slip
Nail Salon
30 gpd/100 sq. ft.
Nursing/Convalescent Home
125 gpd/bed
Office Building
5 gpd/100 sq. ft.
Pet Grooming
20 gpd/100 sq. ft.
Physician's Office
20 gpd/100 sq. ft.
Public Park:
a) With toilets only
5 gpd/person
b) With toilets and showers
20 gpd/person
Public Swimming Pool Facility
30 gpd/person
Recreational Vehicle (RV) Park (seasonal use)
150 gpd/space
Restaurant
a) Fast Food
65 gpd/100 sq. ft.
b) Full Service
100 gpd/100 sq. ft.
c) Take -Out
100 gpd/100 sq. ft.
Retail
10 gpd/100 sq. ft.
School:
a) Day care/Nursery (adults and children)
b) Regular school
10 gpd/100 sq. ft.
12 gpd/100 sq. ft.
Self-service storage units
1.5 gpd/100 sq. ft.
Shopping Center/Mall Shell/Common Area
10 gpd/100 sq. ft.
Spa
20 gpd/100 sq. ft.
Sporting Facilities and Auditorium
3 gpd/seat
Theater
a)_ Indoor
1 gpd/seat
b) Outdoor/Drive-in
5 gpd/space
Veterinarian Office
20 gpd/100 sq. ft.
Warehouse/Speculation Building
2 gpd/100 sq. ft.
Wholesale Food Preparation (including but not limited
to meat markets and commissaries)
35 gpd/100 sq. ft.
LEGEND:
gpd - gallons per day
sq. ft. - square feet
NOTES:
1) Sewage gallonage refers to sanitary sewage flow on a per unit and/or use basis for average daily flow in gallons
per day.
2) Condominiums shall be rated in accordance with the specific type of use (e.g., apartment, townhouse,
warehouse, etc.).
"B"2of2
5435 NW 1 CT - TWO STORY TWIN HOME RESIDENCE, ID# 32792
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 1 duplex
GALLONAGE
(gpd)
COMPLETION OF
BUILDING CONNECTION
300 2024 - 2025
Previously connected to the County's
water system and septic tank 1 single-
family residence (less than 3,001 sq. ft.) -210 (water credit) n/a
GPD credit per VF and Invoice -300 (water credit) n/a
"C" 1 of 1
MIAMF
1
MIAMI - DADE WATER AND SEWER DEPARTMENT
EXHIBIT "A" - 1
LOCATION SKETCH
SCALE: N.T.S
-THIS IS NOT A SURVEY-
i
N
W E
S
5435 NW 1 CT - TWO STORY TWIN HOME RESIDENCE
AGMT ID# 32792
FOLIO# 01-3113-000-0530
MIAMI-DADE COUNTY SEC 13-53-41
JULY 3, 2024
5435 NW 1 CT — TWO STORY TWIN HOME RESIDENCE, ID# 32792
*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 complete Abstract of Title or Title Policy Number or ATIDS Property Search , issued by Attorneys'
Title Fund , dated 8/5/2024 and the following: City of Miami Records , covering the period from the BEGINNING 1/15/1976
A.D.. to 19 July, 2024 at 11:00 am inclusive, of the following described real property:
The North 53.94 feet of the following described parcel:
Commence at a point of 15 feet North of and 2036.97 feet west of the southeast corner of Section
13, Township 53 South; range 41 East, thence run West 142 feet; thence run North 13o feet for the
Point of Beginning; thence run West 65 feet; thence run North 162.24 feet; thence run East ioo
feet; then run South 162.97 feet; thence run West 35 feet to the Point of Beginning.
Basing my (our) opinion on said complete abstract or title policy covering said period I (we) am (are) of the opinion that on the last mentioned
date the fee simple title to the above described real property was vested in: CITY OF MIAMI, a Municipal Corporation of the State of Florida.
Pursuant to Section 15 of the Charter of the City of Miami, the City Manager as the head of the administrative branch of the City of Miami has the authority
to execute the Declaration on behalf of the City of Miami, Florida. As of the date of this Opinion, the City Manager is Art Noriega V.
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
o No special exceptions exist
X 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
l�
, 2024
Raymond Pereira, Assistant City Attorney
City of Miami
Office of the City Attorney
444 SW 2 Avenue, 9th Floor
Miami, Florida, 3313o
Florida Bar No. 1035266
5435 NW 1 CT —TWO STORY TWIN HOME RESIDENCE, ID# 32792
OPINION OF TITLE (CONT.)
SPECIAL EXCEPTIONS
a. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of A.F. Merritt, as recorded in Plat Book B,
Page 104, of the Public Records Miami -Dade County, Florida.
b. Declaration of Restrictive Covenant in Lieu of Posting a Tree Protection Bond for Affordable Housing Development by the City of Miami, a
municipal corporation of the State of Florida, recorded on May 2, 2024, in Official Records Book 34206, Page 3964, of the Public Records
of Miami -Dade County, Florida.
c. Declaration of Restrictive Covenant for Affordable/Workforce Housing by the City of Miami, a municipal corporation of the State of
Florida, recorded on March 18, 2024, in Official Records Book 34148, Page 3468 of the Public Records of Miami -Dade County, Florida.
MIAMI
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
SERGIO LABISTE
8730 SW 25 ST
MIAMI FL 33165
ATTN:
Note:
AGRMT 32792_WSC FEE & RECORDING FEES_5435 NW 1 CT - TWO STORY TWIN HOME
RESIDENCE
Invoice
N00154799
00041386
July 16, 2024
$244.50
ER Water
ER Sewer
Agreement ID
32792
Descri • tion
JO/A.mt a UOM Unit Price Char.e Amt Interest Line Total
Water Alloc Cert Initial
Recording Fee 1st Page
Recording Fee Per Pge Aft 1st
Total Standard Charges
Total Invoice
1 EA 90.00 90.00 0.00 90.00
1 EA 10.00 10.00 0.00 10.00
17 EA 8.50 144.50 0.00 144.50
$244.50
$244.50
Printed on 07/16/2024 by E314829 at LEJEUNE-SD
To pay online go to: htto://www.miamidade.gov/water/construction-development-payments.aso
Payment must be made within 72 hours of receipt of invoice.
Refunds are based on the date of payment and subject to State Statute 95-11. Some fees are not refundable.
MIAMI•DADE
COUNTY
mumidade.gov
Water Supply Certification Number: WSC-32792-AGR - 1
Water Supply Certification Issued Date:July 16, 2024
Plat Number:
Owner:
CITY OF MIAMI
444 SW 2ND AVE 3RD FLOOR
Miami FL 33130
Agent/Representative:
SERGIO LABISTE
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 , 5435 NW 1 CT - TWO STORY TWIN HOME RESIDENCE-32792,
Number 32792
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
Folio
0131130000530
Address
5435 NW 1 AVE
Zip Code Lot
33127
Block Proposed sq. ft. Previous sq. ft.
Proposed Use
Duplex/Twin home (150 gpd/unit)
Square Footage/ # Units Water Gallons Per Day
2
300
Sewer Gallons Per Day
300
Previous Use
Adjustment (Enter GPDs)
Square Footage/ # Units
510
Water Gallons Per Day
510
Sewer Gallons Per Day
0
Totals
Total Water GPD (Proposed Use):
Total Water Credit GPD (Previous Flow):
Reserved Flow (Net Water):
300
510
-210
The Department has evaluated your request pursuant to Policy CIE-5D and WS-2C in the County's Comprehensive Development
Master Plan and Limiting Condition No. 5. of the South Florida Water Management District Water Use Permit Number 13-00017-
W. Based on its review of all applicable information, the Department hereby certifies that adequate water supply is available to
serve the above described project.
This Adequate Water Supply Certification will expire if a building permit is not applied for within 365 days of the date of issuance
of said certification. If an Agreement is executed for the proposed project, the certification will remain active with the terms of the
Agreement until such time as the building permit is applied for. If a building permit is applied for in accordance with the
aforementioned conditions, this certification will remain active with the building permit process.
Furthermore, be advised that this adequate water supply certification does not constitute Department approval for the proposed
project. Additional reviews and approval may be required from sections having jurisdiction over specific aspects of this project.
Should you have any questions regarding this matter, please contact Maria A. Valdes, Chief, Planning and Water Certification
Section, (786) 552-8198 or via email at mavald(a�miamidade.gov.
Sincerely,
Kristina Borrajero
New Business Processor
Page 1 of 1
City of Miami
Legislation
Resolution: R-21-0281
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 9202
Final Action Date: 7/8/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
ACCEPTING THE PROPOSALS RECEIVED MAY 17, 2021 PURSUANT TO
REQUEST FOR PROPOSALS ("RFP") NO. HCD 2021-03 FROM RJ SPENCER
CONSTRUCTION LLC, A FLORIDA LIMITED LIABILITY COMPANY ("RJ
SPENCER"), AND RF CONSTRUCTION GROUP INC., A FLORIDA PROFIT
CORPORATION ("RF CONSTRUCTION"); AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS BETWEEN THE
CITY OF MIAMI ("CITY"), RJ SPENCER, AND RF CONSTRUCTION
(COLLECTIVELY, "DEVELOPERS"), FOR THE CONSTRUCTION OF SINGLE
FAMILY AND/OR TWIN HOMES (COLLECTIVELY, "CONSTRUCTION") ON
CERTAIN CITY -OWNED PARCELS OF LAND DESCRIBED RESPECTIVELY IN
EXHIBITS "A" AND "B," ATTACHED AND INCORPORATED, AS A RESULT OF
THE DEVELOPERS' RESPONSIVE AND RESPONSIBLE BIDS TO A RFP
ISSUED APRIL 1, 2021 BY THE CITY'S DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR THE CONSTRUCTION; ALLOCATING
FUNDS FROM PROGRAM INCOME DERIVED FROM NEIGHBORHOOD
STABILIZATION PROGRAM 2 AND HOME INVESTMENT PARTNERSHIPS
PROGRAM (COLLECTIVELY, "FUNDS") FOR SAID PURPOSE; AUTHORIZING
TEN PERCENT (10%) OF THE FUNDS TO BE USED FOR THE
CONTINGENCIES DESCRIBED IN EXHIBIT "C," ATTACHED AND
INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE THE AGREEMENTS AND ANY AND ALL OTHER
NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
SPONSOR(S): Commissioner Jeffrey Watson
WHEREAS, on April 1, 2021, the City of Miami ("City") issued a Request for Proposals
("RFP") inviting qualified private real estate developers to propose developments of single-
family homes and/or twin homes on certain City -owned parcels of land (collectively, "Project");
and
WHEREAS, a total of five (5) responses were received, two (2) of which most fully met
the minimum threshold and fulfilled all of the RFP's requirements as responsive and responsible
bidders: RJ Spencer Construction LLC, a Florida Limited Liability Company, and RF
Construction Group Inc., a Florida Profit Corporation (collectively, "Developers"); and
WHEREAS, the City's Administration recommends accepting the Developers' proposals
and seeks authorization to negotiate and execute the agreements between the City and the
Developers for the Project as described in Exhibits "A" and "B," attached and incorporated, with
funds from program income derived from Neighborhood Stabilization Program 2 and Home
Investment Partnerships Program (collectively, "Funds"), ten percent (10%) of which shall be
used for the contingencies described in Exhibit "C," attached and incorporated;
City of Miami Page 1 of 2 File ID: 9202 (Revision:) Printed On: 7/2612021
File ID: 9202 Enactment Number. R-21-0281
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The proposals received May 17, 2021 pursuant to RFP No. HCD 2021-03
from the Developers are accepted.
Section 3. The City Manager is authorized' to negotiate and execute the agreements
between the City and the Developers for the Project as respectively described in Exhibits "A"
and "B," attached and incorporated, as a result of the Developers responding to the RFP issued
April 1, 2021 by the City's Department of Housing and Community Development,
Section 4. The allocation of the Funds for said purpose is authorized.'
Section 5. The utilization of ten percent (10%) of the Funds for the contingencies
described in Exhibit "C," attached and incorporated, is authorized.'
Section 6. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, all in forms acceptable to the City Attorney, for said purpose.
Section 7. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 9202 (Revision:) Printed on: 7/26/2021
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
EXHIBIT "C"
ALLOCATIONS
Source
Amount
Allocations
DEVELOPER/DEPARTMENT
SITES
AMOUNT TO BE
ALLOCATED
Neighborhood
Stabilization 2 Program
Income
$2,170,000
RJ Spencer Construction, LLC.
Various
sites
$1,635,200
HOME Program
$1,124,808
RF Construction Group, Inc.
Various
sites
$1,360,080
Dept of Housing and
Community Development
10%
Contingency
$299,528
$3,294,808
Total Amount Allocated
$3,294,808
MEETING DECISION SUMMARY
CITY COMMISSION MEETING 7/8/2021
Housing
& Com unity
pevelop,t7v n
PH
: 2,
Enactment
;""21 Q28)<`
Subject:
Accepting RFP received May 17, 2021
Purpose of Item;
COMMISSION ACCEPTING t HE PROPOSALS RECEIVED MAY 17, 2021 PURSUANT TO REQUEST
FOR PROPOSALS ("RFP") NO. HCD 2021-03 FROM RJ SPENCER CONSTRUCTION LLC, A
FLORIDA LIMITED LIABILITY COMPANY ('RJ SPENCER'), AND RF CONSTRUCTION GROUP INC.,
A FLORIDA PROFIT CORPORATION ("RF CONSTRUCTION').
Departmental
Recommendation:
A RESOLUTION OF
ACCEPTING THE
FOR PROPOSALS
LLC, A FLORIDA
CONSTRUCTION
CONSTRUCTION'');
EXECUTE AGREEMENTS
AND RF CONSTRUCTION
CONSTRUCTION
"CONSTRUCTION")
RESPECTIVELY IN
A RESULT OF THE
RFP ISSUED APRIL
COMMUNITY DEVELOPMENT
FROM PROGRAM
PROGRAM 2 AND
(COJ.T.FCTIVELY,
(10%) OF THE FUNDS
EXHIBIT "C," ATTACHED
CITY MANAGER TO
AND ALL OTHER
THE CITY ATTORNEY,
ANNUAL ACTION
INCORPORATED;
ACTION PLAN FOR
HOUSING AND URBAN
AUTHORIZING THE
ALL NECESSARY
ATTORNEY, FOR
THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PROPOSALS RECEIVED MAY 17, 2021 PURSUANT TO REQUEST
("RFP") NO. HCD 2021-03 FROM RJ SPENCER CONSTRUCTION
LIMITED LIABILITY COMPANY ("RJ SPENCER"), AND RF
GROUP INC., A FLORIDA PROFIT CORPORATION ("RF
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
BETWEEN THE CITY OF MIAMI ("CITY"), RJ SPENCER,
(COLLECTIVELY, "DEVELOPERS"), FOR THE
OF SINGLE FAMILY AND/OR TWIN HOMES (COI.T.FCTIVELY,
ON CERTAIN CITY -OWNED PARCELS OF LAND DESCRIBED
EXHIBITS "A" AND "B," ATTACHED AND INCORPORATED, AS
DEVELOPERS' RESPONSIVE AND RESPONSIBLE BIDS TO A
1, 2021 BY THE CITY'S DEPARTMENT OF HOUSING AND
FOR THE CONSTRUCTION; ALLOCATING FUNDS
INCOME DERIVED FROM NEIGHBORHOOD STABITJ7.ATION
HOME INVESTMENT PARTNERSHIPS PROGRAM
`FUNDS") FOR SAID PURPOSE; AUTHORIZING TEN PERCENT
TO BE USED FOR THE CONTINGENCIES DESCRIBED IN
AND INCORPORAI'EL); FURTHER AUTHORIZING THE
NEGOTIATE AND EXECUTE THE AGREEMENTS AND ANY
NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO
FOR SAID PURPOSE.APPROVING THE CITY OF MIAMI'S
PLAN FOR FISCAL YEAR ("FY") 2021-2022, ATTACHED AND
AUTHORIZING THE CITY MANAGER TO SUBMIT THE ANNUAL
FY 2021-2022 TO THE UNITED STATES DEPARTMENT OF
DEVELOPMENT FOR REVIEW AND APPROVAL; FURTHER
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND
DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY
SAID PURPOSE.
Approval Summary:
Approved as recommended by staff (Sponsored by Commission Watson D-5)
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
EXHIBIT "A"
RJ Spence Construction Group, LLC
Address
Legal Description
Type of Home to be
constructed
Total Amount of
contract
5515 NW 1 Court
13 53 41.13 AC
BEG 15 FTN & 2036.97
FTW OF SE COR
W142FT N130FT
W65FT N222.24FT TO
POB E100FTS60FT
W100FTN6OFTTO POB
LOT SIZE 60.000X100
OR 14567 -196 0590 3
2 Twin -Homes
$408,800
276 NW 53 Street
24 53 41 PB 3-183
RAILWAY SHOPS ADD
2ND and
LOT 3 BLK 16
LOT SIZE SITE VALUE
OR 16903-648 0795 3
2 Twin -Home
$408,800
2115 NW 18 Street
OCOEE PARK PB 2-100
LOT 23 BLK 2
LOT SIZE SITE VALUE
COC 24598-3187 06
2006 3
2 Twin Home
$408,800
1924 NW 26 Street
ROSEMONT PARK PB 6-
178
LOT 6 BLK 3
LOT SIZE 50.00OX143
COC 26216-258112
2007 4
2 Twin -Home
•
$408,800
Total
8 units
$1,635,200
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
EXHIBIT "B"
RF CONSTRUCTION GROUP, INC.
Address
Legal Description
Type of Home to be
constructed
Total Amount of
contract
1461 NW 60 Street
14 53 41
ORANGE HGTS PB 14-
62
LOT 22 BLK 9
LOT SIZE 50.000X106
COC 26234-0457 02
2008 3
2 Twin -Home
$456,660
5435 NW 1 Court
13 53 41. 12 AC
N53FT OF COM AT A PT
15FTN OF &
2036.97FTW OF SE COR
OFSEC135341TH
W142FT N130FT FOR
POB W65FT N162.24FT
E100FT 5162.97FT
W35FT TO POB
LOT SIZE 53.000X100
OR 14567-196 0590 3
2 Twin -Home
$456,660
779 NW 57 Street
PINE HIGHLANDS PB
17-20 LOT 7 BLK 1 LOT
SIZE 50.000X105 COC
25985-349410 2007 3
Single Family Home
$223,380
169 NW 35 Street
25 53 41
WYNDWOOD PARK PB
5-23 LOT 16 BLK 2
LOT SIZE 50.000X100
OR 16326-3280 0294 3
Single Family Home
$223,380
Total
6 Units
$1,360,080
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