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23306
AGREEMENT INFORMATION AGREEMENT NUMBER 23306 NAME/TYPE OF AGREEMENT MIAMI DADE WATER AND SEWER DEPARTMENT DESCRIPTION ALLOCATE FUNDS- WATER AND SANITARY SEWER SERVICES -FOR PBA FERN ISLE PARK #89 EFFECTIVE DATE March 17, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/27/2020 DATE RECEIVED FROM ISSUING DEPT. 10/20/2020 NOTE 23306, CFN: 20200178455 BOOK 31861 PAGE 1965 DATE:03/18/2020 05:13:33 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY PEA FERN ISLE PARK, ID# 30341 AGREEMENT ENT FOR WATER AND SANITARY SEWER FACILITIES BETWEEN MIAMI®DARE COUNTY AND CITY OF MIAMI This instrument prepared by: Brandon Garcia New Business Section Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 CFN: 20200178455 BOOK 31861 PAGE 1966 PBA FERN ISLE PARK, ID# 30341 TIS AGRE,ME3fT, made and entered into at Miami -Dade County, Florida, this 17 day of /1/&,/,, , 2020, 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 OE MIAMI, a Florida municipal corporation, hereinafter designated as the "CITY", whose mailing address is 444 S.W. 2 Avenue, Suite #325, Miami, Florida 33130. WITNESSETH: WHEREAS, the CITY desires water and sewer main facilities service to be rendered to property owned by the CITY, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated as the "DEPARTMENT", operates the water and sewage systems owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: 1. CITY'S PROPERTY. The CITY owns a certain tract of land in Miami -Dade County, Florida, which is legally described in Exhibit "A" attached hereto and made a part hereof, hereinafter sometimes described as the "CITY'S property". The CITY has requested that the DEPARTMENT render water and sewer service to the CITY'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. WAIVER. No delay or failure to exercise a right under this Agreement or any other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or indulgence of any breach of this Agreement or series of breaches shall be deemed or construed as a waiver of any other breach of same or as voiding or altering any other obligation of the parties under this Agreement or any other Agreement. No order or directive given by the COUNTY or its agents shall be considered as waiving any portion of this Agreement unless done in writing by a person having actual authority to grant such waiver. 3. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees that any right to connect the CITY'S property to the COUNTY'S sewer system is subject to the terms, covenants and conditions set forth in court orders, judgments, consent orders, consent decrees and the like entered into between the COUNTY and the United States, the State of Florida and/or any other governmental entity, including but not limited to, the Consent Decree entered on April 9, 2014, in the United States of Anieriok Igtesif Florida and State of Florida De artment of Environmental Protection v. Miami -Dade County, Case No. 1:12-cv-24400-FAM, as well as all other current, subsequent or future enforcement and regulatory actions and proceedings. Page 2 of 14 CFN: 20200178455 BOOK 31861 PAGE 1967 PEA FERN ISLE PARK, ID# 30341 4. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY will provide an adequatedortiestic water supply for the CITY'S property and will receive and dispose of sanitary sewage from the CITY'S property. The CITY shall pay water and sewer connection charges for all those units to be constructed on the CITY'S property subject to the limitations specified herein. The CITY acknowledges that, to the extent that water or sewer service will ultimately be rendered to -the CITY'S property by a volume customer,. the CITY is a new retail user provided water or sewer service from a volume customer, and acknowledges that it is responsible for payment of connection charges; however, in the event that water or sewer service is provided directly by the COUNTY, the CITY acknowledges that it is a new retail customer of the COUNTY and accordingly also liable for payment of connection. charges. The CITY may be considered both a new retail customer and a new retail user provided service by a volume customer in the event that the COUNTY provides water service to the CITY'S property and a volume customer provides sewer service, or vice -versa. The connection charges are based on the average daily gallons for the various building units and/or use as shown on Exhibit °'B' attached hereto and made a part hereof, and as revised by the COUNTY from time to time, multiplied by the applicable rates established by the COUNTY. The *CITY intends to construct and connect to the COUNTY'S water and sewer system a three hundred forty-five (345) person, public park (with toilets), representing an average daily gallonage of one thousand seven -hundred twenty-five (1,725) gallons replacing vacant land, resulting in combined water and sewer connection charges in the amount of twelve thousand fifty-seven dollars and seventy-five cents ($12,057.75). However, water and sewer connection charges shall be calculated at the rates in effect at the time of actual connection to the COUNTY'S water and sewer systems. The DEPARTMENT'S current connection charge rates are one dollar and thirty- nine cents ($1.39) and five dollars and sixty cents ($5.60) per gallon per day for water and sewer, respectively: The water and sewer connection charge rates are subject to revision by the Board of County Commissioners at any time. The CITY shall pay fees and/or charges specified herein at the time of issuance of Verifications Form(s). The DEPARTMENT shall not, under any circumstances, render water and/or sewer service to the CITY'S property until such time as the:fees and/or charges specified herein have been paid in full. 5. OTHER USES ON THE PROPERTY. if the CITY constructs buildings other than those outlined in paragraph 4 above, or otherwise changes the use of structures built such that paragraph 4 is no conger 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 insta€lation. 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 net be changed without prior approval by the DEPARTMENT. Page 3 of 14 CFN: 20200178455 BOOK 31861 PAGE 1968 PBA FERN ISLE PARK, 1D# 30341 7. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost and expense shall cause to be designed, constructed and installed all of the necessary water and/or sewer facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and ail water rnains, valves, fittings, fire hydrants, firelines, service connectipris, 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 "Rylee and Regulations" for water and sewer service, shall be in accordance with the latest revision of the DEPARTMENT'S "Design and Construction Standard Specifications and Details", and shall be subject to approval by the DEPARTMENT. 8. INSPECTION. The COUNTY shall have the right but not the obligation to make engineering :inspections of all the construction work perfo ued by the CITY under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections- shell not be construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of materialsand workmanship. Any inspections by.. the DEPARTMENT shall not relieve theCITY of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any — inspections by the DEPARTMENT shall not relieve the CITY of responsibility for the quality and condition of materials and workmanship. 9. TESTS. During construction and et the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the CITY'S engineer and contractor, shell jointly be present to Witness tests for determination of conformance with approved plans and specifications, The CITY shall notify the COUNTY a minimum of twenty-four (24) hours in advance of the tests. 10. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule construction meetings with the CITY'S representatives (Engineer, Project Manager, Construction Superintendent and others) at a place designated by the COUNTY with respect to project related matters upon twenty-four (24) hours' notice. 11. SUBCONTRACTORS AND CONSULTANTS. The COUNTY reserves the right, at any time, to bar any subcontractor or consultant employed by the CITY from engaging in any sort of work or activity related to this Agreement, if such be in the interests of the COUNTY. In the event the COUNTY rejects any subcontractor or consultant, said subcontractor or consultant will immediately cease work on anything related to this Agreement. The CITY shall not be entitled to compensation for any monies previously paid to any subcontractor or consultant if said subcontractor or consultant is rejected by the COUNTY. 12. COMPLIANCE WITH ALL LAWS. The CITY, at its own cost and expense, shall comply with all applicable laws, statutes, rules, and ordinances in carrying out the activities contemplated herein. Page 4 of 14 CFN: 20200178455 BOOK 31861 PAGE 1969 PBA FERN ISLE PARK, ID# 30341 13.. COUNTY AS PERMITTEE. Certain federal, state and county agencies, including but not limited to the State of Florida Department of Transportation, the South Florida Water Management Distriot, 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 perrnittee on such permits, the CITY shall provide sufficient security as acceptable to the COUNTY which shell indemnify and protect the COUNTY from all claims, actions, judgments, liability, loss, cost and expense, including reasonable attorneys 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 clams by a permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the security. The CITY shall be liable for all costs in excess of the security. 14. APPROVALS AND PERMITS, The CITY shall be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies and all necessary permits for all facilities contemplated in this Agreement. 1•4otv,lithstanding anything else containe,d herein to the contrary -this Agreement shell not constitute or be interpreted es a waiver of any requirements of any other agency of rviiami-Dade County and/or any requirements of the Code of Miami -Dade County. The CITY is responsible for obtaining ail permits as may be required for the work contemplated herein pursuant to the Code of Miami -Dade County. • 15. WATER SERVICE LINES. Any water service lines two (2) inches or less in diameter that ere 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. OWNERSHIP OF WATER METER. The COUNTY shall own and install the required water meter as a part of any water service installatien. Ownership by the COUNTY shall terminate et the outlet side .of each water meter.. The CITY shall pay all applicable installation fees. 17. WATER MAIN OVERSIZING CREDITS. in order. to comply with the COUNTY'S Public Works Manual and with the DEPARTMENT'S master plans, policies and regulations, the COUNTY requires that the CITY install: a. A twelve (12) inch water main in N.W. 14 Street. Therefore, the COUNTY Shall allow the following oversizing credit(s) for the difference between the standard water main(s) necessary to adequately serve the CITY'S property and the water main(s) required by the COUNTY. Item Necessary Required Estimated Credit per Estimated 1.§1EISlarnee„,„i„„„_„„„„„„„_„„„„taaalgittY„, ELL2lx„..„„. ,,,,,,,,,,,,, a. 8 inches 12 inches 152 feet $9.00 $1,368.00 Total estimated oversizing credit: $1 ,36800 Page 5 of 14 CFN: 20200178455 BOOK 31861 PAGE 1970 PBA FERN ISLE PARK, lb# 30341 Both parties agree that the oversizing credits shall be calculated based on the actual quantities of oversized facilitiesinstalled by the CITY as specified in the bill of materials and as -built drawings submitted by the CITY at time of conveyance and approved by the COUNTY. It is further agreed that the DEPARTMENT shall retain payment of construction connection charges payable to the CITY for all oversized water mains until such a time that the amounts retained equal the amount of the oversiWing-credit paid to the CITY. The COUNTY shall pay this credit to the CITY within one hundred eighty (180) days after completion, proper conveyance to the COUNTY and placement into service of the Oversized water facilities. 18. WATER MAIN CONSTRUCTION CONNECTION CHARGES. The CITY shall pay a water Main construction connection charge equal to thirty dollars ($30.00) per front foot of its property which directly abuts a water main which was installed by the DEPARTMENT (Its# 22020). The length of front footage abutting the eight (8) inch water main is hereby agreed to be seventy (70) feet, resulting in a construction connection charge in the amount of two thousand one hundred dollars ($2,1 00.00). Per annum simple interest as established and authorized by Section 687. 1, Florida Statutes, will accrue en. the construction connection charge from August 29, 2014, to the date of payment by the CITY. The interest rate used shall be the rate established by Section 687,01, Florida Statutes, at the time of payment by the CITY. The DEPARTMENT shall not, under any circumstances, render water and/or sewer service to the CITY"S property until such time as the construction connection charge and interest specified herein have been paid in full. 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. 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. Page 6 of 14 CFN: 20200178455 BOOK 31861 PAGE 1971 PBA FERN ISLE PARK, in#. 30341 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 coursrry to supply water for the CITY'S propertyor 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 a fifteen (15) foot wide easement for sewer facilities. Both require a twenty- five (25) foot minimum vertical clearance above the finished grade. The DEPARTMENT shall have twenty-four (24) hour access to the easement for emergency purposes. If the facilities are noicated in platted easements, then easements shame granted to the COUNTY by the CITY prier 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 pace 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 eventthatsuch 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. 22. CONNECTION/FRONTAGE BY OTHERS. Parties other than the CITY who own property, other than the CITY'S property, which has frontage to any water main installed pursuant to this Agreement, may apply to the COUNTY for connections to said water main. if said parties actually connect and/or abut said facilities, the COUNTY will impose a construction connection charge equal to thirty-five dollars ($35.00) for the twelve (12) inch water main, multiplied by the front foot length of the connecting/abutting property which fronts and/or abuts the water main as measured along the route of the main. The COUNTY will also impose construction .connection charges on such other parties if said water main is required, in accordance with guidelines and criteria established by the DEPARTMENT, in order to provide adequate service for the frontingfabutting .property. Said construction connection charges will not be required orcollected 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 Page 7' of 14 CFN: 20200178455 BOOK 31861 PAGE 1972 PBA FERN ISLE PARK, ID#10341 water main facilities constructed by the CITY. Per annum simple interest as established and authorized by Section 687.01, Florida Statutes, will accrue on all construction connection charges from the date of the Absolute Bill of Sale for the water main facilities constructed by the CITY to the date of payment by the connecting/abutting party. The interest rate used shall be the rate established by Section 687%01, Florida Statutes, at the time of payment by the connecting/abutting party. It shall be the arrs responsibi ity to provide the COUNTYwith 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 the. The fee percentage used will be the current rate at the time of the payment. 23. CONVEYANCE OF TITLE. Conveyance of aF 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 Reside, 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 coumrt 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. .24. DRAVVINGS 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 erm 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 DEPARTIVIENT'S "Rules and Regulations" and shell 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. 25. WARRANTY AND MAINTENANCE BOND. The CITY warrants that the water facilities to be owned by the COUNTY shall be free from defects in materials and workmanship for a period of one (1 ) year from final acceptance by the COUNTY. Simultaneously with the conveyance of the water facilities, the CITY shall deliver to the COUNTYan executed maintenance bond or alternate security deposit acceptable to the Page 8 of 14 CFN: 20200178455 BOOK 31861 PAGE 1973 PBA FERN ISLE PARK,1D# 30341 DEPARTMENT, which guarantees the warranty. If it becomes necessary to repair and/or replace any ofthe 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 dateof final acceptance by the COUNTY of those repairs and/or replacement. The bond shall be in the amount equal to the sum of those portions of the actual cost of construction _of said facilities as follows: Types of Facilities Percentage of Actual Construction Cost Water mains 25 The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY and which is authorized to write bonds of such character and amount under the laws of the State of Florida. A surety company must have a Best's Key Rating Guide General Policyholder's Rating of "A" or better and a Financial Category of Mass " V" or better or be acceptable to the COUNTY. The attorney -in -factor other officer who signs a bond must file with such bonds a certified copy of his powerNoffattarney 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 rernain 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 fora period not to exceed an additional two (2) years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such defects which are: discovered within the warranty period or periods as set forth above, failing which the COUNTY shall make such repairs and/or replacements of defective work and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all costs arising therefrom. The CITY also warrants that it shall be solely responsible for the repair of any damages to said facilities caused by persons in its employment. This paragraph is subject to the limitations of Section 768.28, Florida Statutes 26. 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 unenforceableif the Cfl 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 Page 9 of 14 CFN: 20200178455 BOOK 31861 PAGE 1974 PBA FERN ISLE PARK, ID# 30341 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. 27. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals, contractors and/or subcontractors. The CITY shall pay subject to. the-liniitations of Section 768.28 Florida Statutes, all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's .fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection required by this Agreement or otherwise -provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers, employees, agents and instrumentalities as herein provided. The provisions in this clause shall survive the termination or expiration of this Agreement. This subject to the limitations of Section 768,28 Florida Statutes. 28. 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 attomey'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 diTY from. any liability or clout! arising out of the negligent or wrongful actor omission of the CITY, its officers, employees, or agents. The provisions in this clause shall survive the termination or expiration of this Agreement. This paragraph is subject to the limitations of Section 768.28, Florida Statutes. Page 10of14 CFN: 20200178455 BOOK 31861 PAGE 1975 PBA FERN ISLE PARK, ID# 30341 29. 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 rnajeure 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 shell 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. 30. 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. 31. 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. 32. 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. 33. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that prior to the rendition of any new Water service by the DEPARTMENT, bacteriological tests must be perforrned. 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 art may request approval for the use of floating meters prior to actual conveyance of title to the facilities to the couNno. However, the COUNTY may be required to execute documents to Miami -Dade Department of Regulatory and Economic Resources (RER) or State of Florida Department of Health (DOH), which state that the COUNTY has accepted title to the facilities, If the COUNTY is required to execute such documents, the CITY agrees to indemnify and hold the COUNTY harmless from and against all claims, actions, judgments, damages, loss, cost and expense including reasonable attorney's fees which may be incurred by the COUNTY in connection with the rendition of water service through the facilities constructed and installed by the CITY prior to conveyance of title to the COUNTY, including but not limited to those that result from failure to properly maintain and repair the water facilities. The provisions in this clause shall survive the terMinption or expiration of this Agreement subject to the limitations of Section 760.28 Florida Statutes. Paget! of 14 CFN: 20290178455 EOOK 31861 PAGE 1976 • RBA FERN 1$1..X PARK, it* 30341 34. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage •diSposal service conirriitment prbvided 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 orany 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, sc.) 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 cm( shall remain liable to the COUNTY for ail sums of money and ail obligations due hereunder unless • released in writing by the. COUNTY. • 35: •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. • 36. • NOTICE. Al! 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. 37. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records of Miami -Dade County, Florida, for the partipular 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. 38. 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. • 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. Page 12 of 14 CFN: 20200178455 BOOK 31861 PAGE 1977 PEA FERN ISLE PARK, IN 30341 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: signatures° print name ly` signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE By: MIAMI-DADE COUNTY ra ". Alv: >' z, New Business >a ager For: Kevin Lynskey, Director Miami -Dade Water and Sewer Department The foregoing instrument was acknowledged before me 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. Notaity-FGic print name DEMISE :X> E S: 2, 422. iz �U�?'hT2�UC; aU\V \C.\'+CL"S.h:-�, �U�.� �U\Un`. lY•`4 ViU0.K�\\ Page 13 of 14 Serial Number PBA FERN ISLE PARK, ID# 30341 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: By: d%4 3/3a- izo signature P1&ILlMprint nae STATE OF FLORIDA COUNTY OF MIAMI-DADE MIAMI-DADE COUNTY Sana P. Alvar New Business Manager For: Kevin Lynskey, Director Miami -Dade Water and Sewer Department e foregoing instrument was acknowledged before me this 12 v day of �41//h , 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. tsY? - DENISE CHUNG 1 -`?' j : MY COMMISSION # GG 226561 -N- r10{L' ;•e7. n• •o: EXPIRES: August 12, 2022 'gR,fSr°Q Bonded Thru Notary Public Underwriters Serial Number Page 13 of 14 CFN: 20200178455 BOOK 31861 PAGE 1978 PBA FERN ISLE PARK, ID# 30341 ATTEST: ..Todd Harmon, City Clerk STATE OF FLORIDA - COUNTY OF MIAMI DACE CITY OF iIAMI, A FLORIDA MUNICIPAL CORPORATION .,."TTEAL) By:..,. y Emilio T. Gonzalez, Ph.D., City Manager The foregoing insrunent was acknowledged before nee this ? day of by : t , as City Clerk, >i.,34:22...� ."j.+iC-yr c A..,.) and 0 {t.: �- :• ` {•--•• , as City Manager, of the city of Miami, a Florida municipal corporation, an behalf of the municipality. They are personally known to me or have produced as identification and did/did not take an oath. Appro ••1- print name Approved for Legal Sufficiency: Assistant Cvoitoty Attorney for Legaa.Su ic, ncy: iliotoa is endez, City AttoriYey ,k Serial Number 4tia MY COMMISSION #3 GG 071732 ox^` A�° F..XPIRES:8iptie 30e 2021 & 11m/ Noisy Pis* Underaerkrs Page 14of14 Approved for Legal Sufficiency: < ,et-` tt 3 .% 44 Pet-:`.(..',�..-..fir i`. ' ; r x9` 0 A; als t County Attorney PBA FERN ISLE PARK, ID# 30341 ATTEST: CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION (SEAL) By: (SEAL) Todd Hannon, City Clerk ,f; Emilio T. Gonzalez, Ph.D., City Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 9 day of ttrrhruCiey , ZOtO .`j1 IOdd Fbnrc(; , as City Clerk, and Im0.0 I Eicnzo1e Z , 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 did/did not take an oath. print name as identification and Approved for Legal Sufficiency: Assistant 6eeantrAttorney Apprt ed for Leg Sufficienc Mendez, City Attorne Xtat a • -39 g'` W4 k Serial Number .l'ra�,tef4;f SANDRAGILBERT Lm ::i MY COMMISSION # GG 071732 �up EXPIRES: April 20, 2021 •'f '0, `°•• Banded fir/ Notary Public Underwnlers Approved for Legal Sufficiency: Assists County Attorney Page 14 of 14 CFN: 20200178455 600K 31861 PAGE 1979 PBA FERN ISLE. PARK, ID# 30341 EXHIBIT "A;e OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY of MIAMI LALDEa f_QN Ail that Lot, piece o parcel of lont; Situate, lying in Section 34, Township 53 Soulh, Range 41 Cost, - city of /lonii, Miorrfi—Jade County, .florlda, being: a portion of Trt=,,t "A" of-"POLCE BENEVOLENT ASS0elATi0N", accordin to the ['ut thereof, as recorded April 25, 1996'9 in Pat Book 86, of Pooe 5 of the. Public Records of D de 5'oonty. (now hilafn)•--Dad County), Florida. the some being porticulerly described by 4rtetes (EE d bounds os fellows, 'viz.: • Begin of the Northwest miler of sold Tract "A", thence N8 7'54'32"E (the some tine becri3tw Wet by Pat) o on the North lime o$.. sdi Tract '"A" end the South rlOht of soy .of N.W. 14th Stree'. 14,----131 6.... feat; thence depot -MET acid North line of Tract "A" irnd the south right of way'ine of N.W. 14th Street, SO0'49`34"E for 433,84 fee. thence S88`04'50'E for 42.8:3 feet; thence S01`5510" or 32.19 feet; • thence N88 35'32"E. for ' 08:03 feet to o point ofintersection with. the fast line of sold Troc ",A", thence S0V24'28"E (trv.i same line bearing S00'41'00'W by fiat) ofonl saki Eoet lie of Tract for 354-.88 het to the Southecat corner of said Tract "A": hence 'N87'51`35"W ok nt the Seath line of said Tract "A° for 208,87 feet (the some lif=.e bearing S85'46'07"E for r oistunce of 238.29 foot by Plat); thence €'47E'C1`43'W (gong said South line of Tract"A" for 214.58 foot !U-e some .line; bearing S73°53'15"E• for o distance of 275.00 feet by Pigt to the Scut t f r I . J haves corner n sold Tract _"::": thence N0i'35'28"iii• (the same iiew, hearing SOo.'30'0O W by Hut) akceig tht West fins of said Tract "A" for 7.34.50 feet to the Poi;:t. ,of Beginning. ftA" 1 of CFN: 20200178455 BOOK 31861 PAGE 1980 1I,$►MI a DACE WATER AND SEWER DEPARTMENT 500 1503 2361 2351 2341 2331` 2321 2311 2301 400 1430 420 -.401 1421 2360 2350 2340 2330 2320 2210 1420 1563 1480 2295 1401 2361 2351 2341 2331 2321 2311 1400 r 2392 2350 2- 1374 1390 5 n, .350 • • 2401 1354 1354 1334 1324 1314 1304 1300 1375 1365 s 1355 s+t 1345 1335 1325 r. 1315 1305 1301 \hh\ .u'v tick. EXHIBIT "A" — 1 LOCATION SKETCH SCALE: N.T.S -THIS #S NOT A SURVEY- N 2300 2277 2275 NW14T`iST 2201 2450 2222 2215 1360 1.40 1310 1250 2210 P A FERN ISLE PARK AGMT 1D* 30341 FOLIO* 01 3134076 0020 MIAMI-BADE COUNTY SEC 34-S3 41 MAY 16 2019 1.. ........ ... 5 £ 3 5 «. CFN: 20200178455 BOOK 31861 PAGE-1981. PBA FERN: ISLE PARK, ID# 30341 • EXHIBIT " B" OF AGREEMENT BETWEEN MIAM1=DADE COUNTY AND • CITY OF MIAMI SCHEDULE OF DAILY RATED OALLONACE 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: a) Common Area/Concourse/Retail b) Food Service Bank Banquet Hall (with or without kitchen 2102pd/unit (under 3,001 sq. ft.) 310 god/unit (3,001-5,000 sq. ft.) 510 gpd/unit (over 5,000 sq. ft.) 165 gpd/unit 135 gpd/unit 160 gpd/unit 15022d/unit 75 gpd/bed 100 gpd/unit 10 gpd/100 sq. ft. 150 gpd/person 100 gpd/person 10 2pd/100 sq ft. see restaurant use for allocation Bar, Cocktail Lounge. Nightclub, or Adult Entertainment Barber Shop Beauty Shop Big Box Retail Bawling Alley Car Wash: a) Manual Washing *Automated Washing Coin Laundry Country Club with or without kitchen Dentist's Office Fitness Center or Gym Funeral Home Gas Station/Convenience Store/Mini-Mari: a) Without car wash bJ With single automated car wash Additional sine automated car wash Hospital V.._..�.._...._._._._....._....................4 Hital...ital.. Hotel or Motel 350 gpd/bay 5,500 gpd/bay 110 gpd/washer 20 gpd/100 sq. ft. 2029d/100 sg,_ff. 10 9pd/100 sq. ft. 510/100 sq. ft. 450d/unit 1,750 gpd/unit 10 gpd/100 sq. ft. 10 gpd/100 sq. ft. 20 gpd/100 sq. ft. 1 O.g0d/100 sq. ft. 25 gpd/100 sq ft. 2.5 gpd/100 sq ft. 100 gpd/lane 4- 1,300 gpd/unit 250 22pd/bed 115 gpd/room CFN: 20200178455 800K 31861 PAGE 1982 PEA FERN ISLE PARK, ID# 30341 TYPES OF COMMERCIAL LAND USES (CONTINUED) House of Worship r ndustrial 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 industrial use discharging a process wastewater or. utilizing potable water for an industrial process based on system design and evaluation by the Department Kennel Marina Nail Salon Nursing/Convalescent Horne 125 gpdtbed_ Office Building 5 gpd/100 sq. ft, 10 gpd1100 sq. ft_ 4 gpd/100 sq. ft. 4 gpol100 sq. ft. 15 gpd/100 sq. ft. 60 gpd/slip Pet Grooming Physician's Office Public Park: a) With toilets only �•...b) With tt�ilets.and showers Public Swiniming Pool Facility Recreational Vehicle (RV) Park (seasonal use) Restaurant al Fast Food b) Full Service c) Take -Out Retail School: 0 gpd/100 scLft, 20 gpd/100 sq. ft. 20 gpd/100 sq. ft. 5 gpdt person 20 gpdfperson 30 gpd/person 150 gpd/s€pace 65 gpd/100 sq. ft. 100 gpdi 100sq. ft. 100 gpd/100 sq, ft. 10 .gpd/100 so. ft. a) Day care/Nursery (adults and children) b) Regular school Self-service storage units Shopping Center/Mall ShelliCommon Area Spa Sportina Facilities and Auditorium Theater al Indoor b)Outdoor/Drive in 10 gpd/100 sq. ft. 12 .pd/ i 00 sq._ ft. 1.5 odd/100 sq. ft. 10 ppd1100 20 apdf100 sq. ft. 3 gpd/seat 11pdtseat 5 gpdispace Veterinarian Office 20 gpd/100 sq ft. Warehouse/Speculation Building Wholesale Food Preparation (including but not limited to meat markets and commissaries) LEGEND: gpd - gallons per day sq. ft, - sgilare feet 2 9d1100,sq. ft. 35 gpd/100 sq. ft. NOTES: 1) Sewage gaitorege refem to t anitely sewage flow on a per, isn't and gar use basis for average daily. flow in gallons per uay. - 2) Condorrinitirris shall be rated acrxard.encf; with the specific type of use e.g., apartrrei:t. townhouse, v4arehouse."etc4.. ,eB" 2 ,of 2 33aC) CFN: 20200178455 BOOK 31861 PAGE 1983 PEA FERN ISLE PARK, ID# 30341 EXHIBIT "C" OF AGREEMENT BETWEEN MIAMI-CAGE COUNTY AND CITY OF MIAMI BUILDING CONNECTION SCHEDULE TYPE AND NUMBER OF UNITS GALLONAGE (3pd) COMPLETION OF BUILDING CONNECTION Construct and connect to the C©unty's water and sewer systems 345-person public park (with toilets). 1,725 2020 2021 "Cv" 1 of 1