HomeMy WebLinkAbout25603AGREEMENT INFORMATION
AGREEMENT NUMBER
25603
NAME/TYPE OF AGREEMENT
MIAMI-DADE COUNTY
DESCRIPTION
INTERLOCAL AGREEMENT/WATER & SEWER FACILITIES
FLAGLER STREET PROJECT B-30606/FILE ID: 6517/R-19-
0398/MATTER ID: 19-2291/#3
EFFECTIVE DATE
December 9, 2020
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
9/9/2020
DATE RECEIVED FROM ISSUING
DEPT.
6/3/2025
NOTE
COPY
CFN: 20200730601 BOOK 32246 PAGE 3074
DATE:12/17/2020 12:34:53 PM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
AGREEMENT
FOR
WATER AND SANITARY SEWER FACILITIES
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAM I
This instrument prepared by:
Christopher Schaffer
New Business Section
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
CFN: 20200730601 BOOK 32246 PAGE 3075
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID # 22019a
TH AGREEMENT, rnde. and entered into at Miami -Dade County, Florida,
this ‘"•''' day of -1,-;,p,* 2020, by and between Miami -Dade County, a political
subdivision of the State of Florida, hereinafter designated as the "COUNTY", whose mailing address is:
cio Miarni-Dade Water and Sewer Department, P.O. Box 330316, Miarni, 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, Third Floor, Miami, Florida 33130,
WITNESSETH:
WHEREAS, the CITY desires to relocate and install off -site water and sewer main facilities within
the municipal jurisdiction of the CITY; and
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated as the
"DEPARTMENT", operates the water and sewer 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 has municipal jurisdiction over a certain tract of land in
Miami -Dade County, Florida, known as a portion of Flagler Street, a public right-of-way, 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 to relocate certain water and sewer facilities within the
CITY'S property and the COUNTY agrees to allow the CITY 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 Floridkang,,.atate of FloricieDeoartment of Protection v. Miami-D.0e coupty,
Case No, 1:12-cv-24400-FAM, as well as all other current, subsequent or future enforcement and
regulatory actions and proceedings.
4. PROVISION OF SERVICE AND CONNECTION CHARGES. The CITY intends to
relocate and construct off -site water and sewer main facilities within the CITY'S property which requires
no new service connections to the COUNTY'S water and sewer systems with this Agreement. No
building construction or connection is contemplated with this Agreement. Therefore, this Agreement
contains no provision of service to the DEVELOPER'S property and no connection charges are due
Page 2 of 11
CFN: 20200730601 BOOK 32246 PAGE 3076
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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.
6. POINTS OF CONNECTION. The DEPARTMENT shall provide points of connection to
the DEVELOPER based on the project as specified in the Agreement. The DEVELOPER 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. REMOVAL/RELOCATION OF FACILITIES. The CITY hereby acknowledges and agrees
that any existing COUNTY water and sewer facilities and all appurtenances including fire hydrants within
the CITY'S property that will conflict with proposed road improvements must be removed and/or
relocated, and all easements associated with said facilities released and/or relocated. Said relocation
and/or removal of facilities shall be performed by or for the CITY in accordance with plans and
specifications to be approved by the COUNTY and in such a manner that there will be no interruption of
services to the COUNTY'S existing customers. All costs incurred shall be borne solely by the CITY. The
removal and/or relocation of certain water and sewer facilities and releasing and/or relocating of
associated easements are conditions precedent to the conveyance of the water and/or sewer facilities.
8. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost and expense
shall cause to be designed, constructed and installed all of the necessary water and/or sewer facilities
provided for in this Agreement unless otherwise specified. The facilities shall include any and all water
mains, valves, fittings, fire hydrants, firelines, service connections, service lines, shutoffs, meter boxes, air
release valves, gravity sewer mains, laterals, manholes and all appurtenances thereto for a complete
installation, The final design and construction of the facilities shall meet the requirements set forth in the
latest revision of the DEPARTMENT'S "Rules and Regulations" for water and sewer service, shall be in
accordance with the latest revision of the DEPARTMENT'S "Design and Construction Standard
Specifications and Details", and shall be subject to approval by the DEPARTMENT.
9. INSPECTION. The COUNTY shall have the right but not the obligation to make
engineering inspections of all the construction work performed by the CITY under the terms of this
Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be
construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of
materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the CITY of any
responsibility for proper construction of said facilities in accordance with approved plans and
specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the CITY of
responsibility for the quality and condition of materials and workmanship.
10. TESTS. During construction and at the time when various tests are required, the
COUNTY'S engineer or its authorized representative, together with the CITY'S engineer and contractor,
shall jointly be present to witness tests for determination of conformance with approved plans and
specifications. The CITY shall notify the COUNTY a minimum of twenty-four (24) hours in advance of the
tests.
Page 3 of 11
CFN: 20200730601 BOOK 32246 PAGE 3077
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
11, 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.
12. SUBCONTRACTORS AND CONSULTANTS. The COUNTY reserves the right, at any
time, to bar any subcontractor or consultant employed by the CITY from engaging in any sort of work or
activity related to this Agreement, if such be in the interests of the COUNTY. In the event the COUNTY
rejects any subcontractor or consultant, said subcontractor or consultant will immediately cease work on
anything related to this Agreement. The CITY shall not be entitled to compensation for any monies
previously paid to any subcontractor or consultant if said subcontractor or consultant is rejected by the
COUNTY.
13. COMPLIANCE WITH ALL LAWS. The CITY, at its own cost and expense, shall comply
with all applicable laws, statutes, rules, and ordinances in carrying out the activities contemplated herein.
14. APPROVALS AND PERMITS. The CITY shall be fully responsible for obtaining all
required approvals from all appropriate governmental and regulatory agencies and all necessary permits
for all facilities contemplated in this Agreement. Notwithstanding anything else contained herein to the
contrary, this Agreement shall not constitute or be interpreted as a waiver of any requirements of any
other agency of Miami -Dade County andfor 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 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 COUNTY personnel only. The CITY hereby agrees to pay to the COUNTY
its standard water service line installation charge, permit fees and service fees prior to any such
installation.
16. 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.
17. CONNECTION/FRONTAGE BY OTHERS. Parties other than the CITY who own
property, other than the CITY'S property, which has frontage to any water main, and/or gravity sewer
main installed pursuant to this Agreement, may apply to the COUNTY for connections to said water main
and/or gravity sewer main. If said parties actually connect and/or abut said facilities, the COUNTY will
impose a construction connection charge equal to thirty-five dollars ($35.00) for the twelve (12) inch water
Page 4 of 11
CFN: 20200730601 BOOK 32246 PAGE 3078
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main, thirty-three ($33.00) dollars for the twelve (12) inch gravity sewer main, and, for the eighteen (18)
inch gravity sewer main, the rate as approved by the Board of County Commissioners, if approved by the
time of connection, multiplied by the front length of the connecting/abutting property which fronts and/or
abuts the water and sewer main(s), as measured along the route of the mains. if a rate is not approved
by the time of connection, the COUNTY will impose the construction connection charge equal to the
nearest rate for an eighteen (18) inch gravity sewer main, being thirty-three ($33.00) dollars. The
COUNTY will also impose construction connection charges on such other parties if said water main
and/or gravity sewer mains is/are required, in accordance with guidelines and criteria established by the
DEPARTMENT, in order to provide adequate service for the fronting/abutting property. Said construction
connection charges will not be required or collected from other parties for single-family residences
occupied or under construction prior to the date of this Agreement. The COUNTY shall repay said
construction connection charges to the CITY within ninety (90) days of receipt of same. However, the
COUNTY'S liability for repayment to the CITY shall be limited to those amounts actually collected from
others. This provision shall remain in effect for a period of twelve (12) years from the date of the Absolute
Bill of Sale for the water main and/or gravity sewer facilities constructed by the CITY. Per annum simple
interest as established and authorized by Section 687.01, Florida Statutes, will accrue on all
construction connection charges from the date of the Absolute Bill of Sale for the water main and/or
gravity sewer main facilities constructed by the CITY to the date of payment by the connecting/abutting
party. The interest rate used shall be the rate established by Section 687.01, Florida Statutes, at the
time of payment by the connecting/abutting party. It shall be the CITY'S responsibility to provide the
COUNTY with current mailing addresses during the twelve (12) year period. In accordance with the
DEPARTMENT'S "Schedule of Water and Wastewater Fees and Charges" the DEPARTMENT shall
retain a "Developer Repayment Fee" currently in the amount of 2.5% of the gross repayment amount
established herein. This fee is subject to revision by the Board of County Commissioners at any time.
The fee percentage used will be the current rate at the time of the payment.
18. CONVEYANCE OF TITLE. Conveyance of all easements required pursuant to Sec. 16
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.
19. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water
and/or sewer facilities contemplated herein for COUNTY ownership, the COUNTY shall provide a
conveyance package for execution by the DEVELOPER, 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 DEVELOPER 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 DEVELOPER'S property and all persons who incorporate
materials into the property, together with a breakdown of the actual cost of said facilities. Concurrently,
the DEVELOPER 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.
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20. 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 DEVELOPER or the
DEVELOPER'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 DEVELOPER shall provide sufficient
security as acceptable to the COUNTY which shall indemnify and protect the COUNTY from all claims,
actions, judgments, liability, Toss, cost and expense, including reasonable attorneys fees, related to work
performed by the DEVELOPER 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 DEVELOPER shall have sixty (60) days to resolve any claims by a permitter. Otherwise, the
DEPARTMENT shall be entitled to pay said claims from the security. The DEVELOPER shall be liable
for all costs in excess of the security.
21. WARRANTY AND MAINTENANCE BOND, The CITY warrants that the water and sewer
facilities to be owned by the COUNTY shall be free from defects in materials and workmanship for a
period of one (1) year from final acceptance by the COUNTY, Simultaneously with the conveyance of the
water and/or sewer facilities, the CITY shall deliver to the COUNTY an executed maintenance bond or
alternate security deposit acceptable to the DEPARTMENT, which guarantees the warranty. If it
becomes necessary to repair and/or replace any of the facilities during the initial one (1) year period, then
the warranty as to those items repaired and/or replaced shall continue to remain in effect for an additional
period of one (1) year from the date of final acceptance by the COUNTY of those repairs and/or
replacement. The bond shall be in the amount equal to the sum of those portions of the actual cost of
construction of said facilities as follows:
Tapes of Facilities Percentage of Actual Construction Cost
Water mains
Gravity sewers
25
50
The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY
and which is authorized to write bonds of such character and amount under the laws of the State of
Florida. A surety company must have a Best's Key Rating Guide General Policyholder's Rating of
"A" or better and a Financial Category of Class "V" or better or be acceptable to the COUNTY. The
attorney -in -fact or other officer who signs a bond must file with such bonds a certified copy of his power -
of -attorney authorizing him to do so. The Maintenance Bond may be written with the CITY'S contractor
as "Principal" and the CITY and the COUNTY as"Co-obligees" or the COUNTY as sole "Obligee", In the
alternative, the CITY may be named as "Principal" and the COUNTY as "Obligee". The Maintenance
Bond shall remain in force for one (1) year following the date of final acceptance by the COUNTY of the
work done pursuant to this Agreement to protect the COUNTY against losses resulting from any and all
defects in materials or improper performance of work. If there is no building construction underway within
the CITY'S property at the time of conveyance, the COUNTY shall have the right to require that the term
of the Maintenance Bond be extended for a period not to exceed an additional two (2) years. Upon
demand by the COUNTY, the CITY shall cause to be corrected all such defects which are discovered
within the warranty period or periods as set forth above, failing which the COUNTY shall make such
repairs and/or replacements of defective work and/or materials and the CITY and/or its Surety shall be
liable to the COUNTY for all costs arising therefrom. The CITY also warrants that it shall be solely
responsible for the repair of any damages to said facilities caused by persons in its employment.
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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.
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 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 attomey'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.
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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 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. 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.
26. MUNICIPAL JURISDICTION. With the execution of this Agreement, the CITY at its own
expense shall deliver to the DEPARTMENT a certification for the CITY'S property, issued by a qualified
attorney licensed to practice law in the State of Florida, which states that the CITY has municipal
jurisdiction over the property referred to herein.
27. 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.
28. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage disposal
service commitment provided for in this Agreement shall be transferred, assigned or otherwise conveyed
to any other party without the express written consent of the Director of the DEPARTMENT or his
designee except as noted below. The consent of the DEPARTMENT shall not be required in connection
with the sale, lease or other conveyance of property or any residential units or commercial establishments
to any party who will be the ultimate user of the property, including but not limited to a bona fide
purchaser, -lessee, resident or occupant. The intent of this paragraph is to require consent of the
DEPARTMENT for assignments or transfers of any water and sewage disposal capacity allocation to any
party who holds such property as an investment for resale or who intends to develop for sale a portion of
the CITY'S property, so that the COUNTY can adequately determine the demand for water and sewage
disposal capacity and plan for the fair and equitable allocation of water and sewage disposal capacity
among the residents of Miami -Dade County. Consent, when required, shall not unreasonably be withheld
by the DEPARTMENT. If the CITY'S property is transferred or conveyed, the CITY shall remain liable to
the COUNTY for all sums of money and all obligations due hereunder unless released in writing by the
COUNTY.
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29. 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 "B-30606 Flagler St from NW 1 Ave to Biscayne Blvd", ID# 22019, dated November 9, 2015,
recorded in Official Records Book 29852, at Page 421, of the Official Records of Miami -Dade County,
Florida, as amended by Addendum One, dated October 3, 2016. recorded in Official Records Book
30254, at Page 2417, and made with respect to the matters contained herein and when duly executed
constitutes the complete Agreement between the CITY and the COUNTY.
30. 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.
31. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records
of #Miami -Dade County, Flonda, for the particular purpose of placing all persons upon notice of the
provisions herein contained. The CITY shall pay all recording fees.
32. 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.
33. SEVERABILITY. If any section, subsection, sentence, clause or provision of this
Agreement is held invalid, the remainder of this Agreement shall not be affected by such invalidity.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officials as of the day and year above written.
WITNESSETH
t
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By:
MIAMI-DADE COUNTY
S 'ndra P. AIv Fez,
New Business ager
For: Kevin Lynskey, Director
Miami -Dade Water and Sewer Department
The foregoing instrument was acknowledged befor, me by means of: (c eck one)
physical presence, ors:: remote audiovisual means, this day of ` , 2020,
by Sandra P. Alvarez, New Business Manager, for Kevin Lynskey, Director, of the Miami -Dade
Water and Sewer Department, who is personally known to me and did not take an oath.
-.Noe Public
printinarne r
Page 10 of 11
DEN€S CHUNG
Y COMMISSION 0 GG �a s1
EXPIRES: August 12, 2022
Serial Number
CFN: 20200730601 BOOK 32246 PAGE 3084
840609 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID* 22019a
ATTEST:
`,•-•
Todd B. Ha
Clerk
CITY OF MIAMI,A FLORIDA
MUNICIPAL CORPORATION
Arthur N iega, CityManager
(SEAL)
STATE OF FLORAE*
COUlltY OF /TOM-DADE
The foregoing instrument was acknowiedged before me by means of, (check one)
physical presence; or ta remote audio-visual means, this day of 6pitAbeel
2020, by Todd B, Hannon , as City Clerk, and Arthur Noriega , as City Manager, of
the City of Miami, a Florida municipal corporation, on behalf of the municipality. They are
pelsong.141nolgattaml or have produced as identification and
did/did not take an oath.
Approved for Legal Sufficiency
7
Victoria Mendez, City Attorney
XEA (Maiter ID 19-2291)
print name Serial Number
Approved for Legal Sufficiency:
tauttaMCountAttomey
Page 11 of 11
CFN: 20200730601 BOOK 32246 PAGE 3085
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEDALL DESCRIPTION,
THAT PORTION OF THE PUBLIC RIGHT OF WAY, KNOWN AS FLAGLER STREET,
FORMERLY KNOWN AS 12 STREET, PURSUANT TO PLAT BOOK "B", AT PAGE 41,
OF THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FROM NW/SW 1
AVENUE TO BISCAYNE BOULEVARD.
"A'° 1 of 1
CFN: 20200730601 BOOK 32246 PAGE 3086
AM ..245
NW 4TF6 ST
400
201 95 57
2140 ST::.
5
04
175 30 20140
45 116
99 49 35 19 100
RAW 1ST S €
54
40
25.
7 27 10
40
22 24.
MIAMI m DADE WATER AND SEWER DEPARTMENT
33
fE 4TFE ST
300
11E 3D ST
137'.: 36
129
127 41
1 33 43 45 55 100
37
46
40
56 52 36
36 26
41 14
2019
2316 4 30 38 44.
22J 22 45 46
35
SW 1ST ST
70 56 46 34 30 22100108 4
115 113
45 35 19 122 155 45
SW21`1DST
200
93 RAMP'
195 F4p
SW 3RD ST
-18 300
44 30.312,
316
ST
EXHIBIT "A"
LOCATION SKETCH
SCALE N.T.S
-THIS 1S NOT A SURVEY-
16
7
180
300
118 120
127
117113 _. in151
f°'NE.1ST ST.. 45_
30
33
20 ,-141
101 129133,
19011011 134 1
25 .. 137
115 121 131.
29 .SE 1ST ST
226 245 226 NE 4T11 ST
345
327
1524W
209
200 234
229
201 227.235 2
NE 2ND S, .;:.. ... -
256144
26 98 1:5 101
41
245 180
1
130
168
150
200
245
ue4S"5'S
400
330
`2
250 252 340
330
249 249
300
133
245 133
111
101
244
219
201 2�1
200 226 230
25 235
225
150
141 316':
130136
115
307 10
40
50
251
NirefrZW
SE2NDST
320
201 21
Sk-
Sks
SE3RDST u
�Qaa 4 34
300
333 255
BISCAYNE BOULEVARD WAY
270
B 30606 FLABLER ST
FROM NW 1 AVE TO BISCAYNE BLVD
AGMT 10# 22019A
ATLAS PAGES F4 & 614
MIAMI-DADE COUNT' SEC 01r54-41 & 0 4-42
May 149 2020
CFN: 20200730601 BOOK 32246 PAGE 3087
B=30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
EXHIBIT °"B°" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
_AM RATED GALLONAGE FOR VARIOUS OCCUPANCY
TYPES OF LAND USES GALLONS PER DAY (GPD)
}
RESIDENTIAL LAND USES
Single Family Residence
Townhouse Residence
Apartment
Mobile Home Residence/Park
Duplex or Twin Home Residence
Residential Facility/Institution:
a) Congregate Living Facility (CLF)
b) Apartment Dormitory
c) Fire Station
d) Jail
e) Other
COMMERCIAL LAND USES
Airport:
al Common Area/Concourse/Retail
b Food Service
Bank
Banquet Hall (with or without kitchen
Bar, Cocktail Lounge, Nightclub, or Adult Entertainment
Barber Shop
Beauty Shop
Big Box Retail
Bowling Ailey
Car Wash:
' a) Manual Washing
......b) Automated Washing
Coin Laundry
Country Club with or without kitchen
Dentist's Office
Fitness Center or Gym
Funeral Home
Gas Station/Convenience Store/Mini-Mart:
al Without car wash
b) With single automated car wash
Additional single automated car wash
Hospital
Hotel or Motel
_210_gpolunit (under 3,001 sq. ft.
310Ppd1unit_k3,001-5,000 sq. ft.
510 gpolunit (over 5,000 sq_, ft.)
165 cgpolunit
135 cgpolunit
------------160_9polunit
150 gpd/unit
75 gpolbed
100 gpdiunit
10 gpd1100 sq. ft.
150 gpd/person
100 ypolperson
10 gpdf100 sq. ft.
see restaurant use for allocation
10 gpd9106 sq. ft,
10 gpd1100 sq. ft.
20 gpd1100 sq. ft.
10 9pd1100 sq. ft._
25 d/100 sq. ft.
2,5 gpd/100 sq. ft.
100 gpdilane
350 gpolbay
5,500 gpdfbay
110 gpdiwasher
20 gpd/100 sq. ft.
20 gpd1100 sq,_k,
10 gpd1100 sq, ft.
5 gpd1100 „sq:
45Od/unit
1,750 gpolunit
1.300,gpolunit
250 gpd/bed
115 gpd/room
u B"e 1 of 2
CFN: 20200730601 BOOK 32246 PAGE 3088
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
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, 4 gpd/100 sq. ft.
boat repair, carpentry, factory, machine shop, weidin __
Industrial use discharging a process wastewater or
utilizing potable water for an industrial process based 4 gpd/100 sq. ft.
on system design and evaluation by the Department
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
Pet Grooming
Physician's Office
Public Park:
5 gpd/100 sq. ft.
20 gpd/100 sq. ft.
20 gpd/100 sq. ft.
a) With toilets only
b) With toilets and showers
Public Swimming Pool Facility
Recreational Vehicle (RV) Park (seasonal use)
Restaurant
a) Fast Food
b) Full Service f 100 gpdiloa sq. ft.
r cjTake-Out 100 gpd/100 sq ft.
1 Retail10 gpd/100 sq, ft.
= School:
�`a) Day care/Nursery (adults and children) 10 gpd/100 sq. ft.
L b» Regular school 122pd/100 sq, ft.
Self-service storage units 1.5 gpd/100 sq. ft.
Shopping Center/Mail Shell/Common Area J 10 2pii100 sq, ft.
Spa 20 gpd/100 sq. ft.
Sporting_Facilities and Auditorium i 3 gpd/seat
5 gpd/person
20 gpd/person
30 gpd/person
150 gpd/space
Theater
a) Indoor
121 Outdoor/Drive--in
} Veterinarian Office
Warehouse/Speculation Building
Wholesale Food Preparation (including but not limited
to meat markets and commissaries)
LEGEND:
gpd gallons per day
sq. ft. - square feet
1 gpd/seat
5. pd/space
65 gpd/100 sq, - ft, ------------------_..
20 9pd/100 sq. f..
2 2pd/100 sq. ft.
35 gpd/100 sq. ft.
NOTES:
1) Sewage gallonage refers to sanitary sewage flow on a per unit andfor use bass 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.).
YYB" 2 of 2
CFN: 20200730601 BOOK 32246 PAGE 3089
B-30606 FLAGLER ST FROM NW 1 AVE TO BiSCAYNE BLVD, 3D# 22019a
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
BU___LLD ING CONNI QTISj.K.3``EOIi LUl
TYPE AND NUMBER OF UNITS
Offsite improvement for water and sewer
main relocation (no construction/no GPDs)
GALLONAGE
(gpd)
COMPLETION OF
pUILDING CONNECTION
n/a 2020 ®2022
"C" 1 of 1