HomeMy WebLinkAboutExhibitCURTIS PARK NEW POOL FACILITY, ID # 22682a
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This Instrument prepared by:
Douglas Pile, Esq.
New Business Section
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
CURTIS PARK NEW POOL FACILITY, ID# 22682a
THIS AGREEMENT, made and entered into at Miami -Dade County, Florida,
this day of 1., 2018, by and between Miami -Dade County, a political
subdivision of the State of Florida, hereinafter designated as the "COUNTY", whose
mailing address is. c/o Miami -Dade Water and Sewer Department, P.O. Box 330316,
Miami, Florida 33233-0316, and CITY OF MIAMI, a Florida municipal corporation,
hereinafter designated as the "CITY", whose mailing address is: 444 S.W. 2 Avenue, Third
Floor, Miami, Florida 33130.
WITNESSETH:
WHEREAS, the CITY desires water and sewer service to be rendered to property
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 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 has municipal jurisdiction over 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 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 sewage 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 orfuture enforcement and
regulatory actions and proceedings.
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CURTIS PARK NEW POOL FACILITY, ID# 22682a
4. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY
will provide an adequate domestic water supply for the CITY'S property and will receive
and dispose of sanitary sewage from the CITY'S property. The CITY shall pay water and
sewer connection charges for all those units to be constructed on the CITY'S property
subject to the limitations specified herein. The CITY acknowledges that, to the extent that
water or sewer service will ultimately be rendered to the CITY'S property by a volume
customer, the CITY is a new retail user provided water or sewer service from a volume
customer, and acknowledges that it is responsible for payment of connection charges,
however, in the event that water or sewer service is provided directly by the COUNTY, the
CITY acknowledges that it is a new retail customer of the COUNTY and accordingly also
liable for payment of connection charges. The CITY may be considered both a new retail
customer and a new retail user provided service by a volume customer in the event that the
COUNTY provides water service to the CITY'S property and a volume customer provides
sewer service, or vice -versa. The connection charges are based on the average daily
gallons for the various building units and/or use as shown on Exhibit "B" attached hereto
and made a part hereof, and as revised by the COUNTY from time to time, multiplied bythe
applicable rates established by the COUNTY. The CITY intends to replace previously
connected to the COUNTY'S water and sewer systems an existing pool for eighty-eight
(88) persons, representing an average daily gallonage credit of two thousand six hundred
forty (2,640) gallons; and intends to construct and connect to the COUNTY'S water and
sewer systems a public swimming pool facility with capacity forfifty (50) people. Therefore,
there is no average daily gallonage increase, resulting in no additional connection charges.
The DEPARTMENT'S current connection charge rates are one dollar and thirty-nine cents
($1.39) and five dollars and sixty cents ($5.60) per gallon per day for water and sewer,
respectively. The water and sewer connection charge rates are subject to revision by the
Board of County Commissioners at any time. The CITY shall pay fees and/or charges
specified herein at the time of issuance of Verifications Form(s). The DEPARTMENT shall
not, under any circumstances, render water and/or sewer service to the CITY'S property
until such time as the fees and/or charges specified herein have been paid in full.
5. OTHER USES ON THE PROPERTY. If the CITY constructs buildings other
than those outlined in paragraph 4 above, or otherwise changes the use of structures built
such that paragraph 4 is no longer an accurate description of the uses at the CITY'S
property, the COUNTY shall determine if additional capacity is needed, as calculated using
Exhibit "B" attached hereto and as revised by the COUNTY from time to time. If additional
capacity is required, connection charges, computed at prevailing rates, capacity allocation,
if available, and construction connection charges, if any, shall be required to be paid by the
CITY. If requested by the DEPARTMENT, the CITY shall provide the COUNTY a list of all
tenants and building units and/or use prior to the installation of any water meters and/or
rendition of sewer service by the COUNTY for the CITY'S property.
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. Other
points of connection may be established subject to approval of the DEPARTMENT.
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CURTIS PARK NEW POOL FACILITY, ID# 22682a
7. REMOVAL/RELOCATION OF FACILITIES. The CITY hereby
acknowledges and agrees that any existing COUNTY water facilities and all appurtenances
including fire hydrants within the CITY'S property that will conflict with proposed 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 facilities and releasing and/or relocating of
associated easements are conditions precedent to the conveyance of the water 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.
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
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CURTIS PARK NEW POOL FACILITY, ID# 22682a
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
and/or any requirements of the Code of Miami -Dade County, The CITY is responsible for
obtaining all permits as may be required for the work contemplated herein pursuant to the
Code of Miami -Dade County,
15. WATER SERVICE LINES. Any water service lines two (2) inches or less in
diameter that are required for the CITY'S property which will be directly connected to
existing mains owned by the COUNTY shall be installed by 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.
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CURTIS PARK NEW POOL FACILITY, IM 22682a
17. CON NECTIONIFRONTAGE 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 dollars ($30.00) for the eight (8)
inch water main, multiplied by the front foot length of the connecting/abutting property
which fronts and/or abuts the water mains as measured along the route of the main. The
COUNTY will also impose construction connection charges on such other parties if said
water mains 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 far
single-family residences occupied or under construction priorto 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 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, atthe
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 "CITY 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 Paragraph 16 hereinabove all 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 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
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CURTIS PARK NEW POOL FACILITY, ID# 22682a
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.
20. WARRANTY AND MAINTENANCE BOND. The CITY warrants that the
water facilities to be owned by the COUNTY shall be free from defects in materials and
workmanship for a period of one (1) year from final acceptance by the COUNTY.
Simultaneously with the conveyance of the water facilities, the CITY shall deliver to the
COUNTY an executed maintenance bond or alternate security deposit acceptable to the
DEPARTMENT, which guarantees the warranty. If it becomes necessary to repair and/or
replace any of the facilities during the initial one (1) year period, then the warranty as to
those items repaired and/or replaced shall continue to remain in effect for an additional
period of one (1) year from the date of final acceptance by the COUNTY of those repairs
and/or replacement. The bond shall be in the amount equal to the sum of those portions of
the actual cost of construction of said facilities as follows:
Types of Facilities Percentage of Actual Construction Cost
Water mains 25
The bonds shall have as the surety thereon only such surety company as is acceptable to
the COUNTY and which is authorized to write bonds of such character and amount under
the laws of the State of Florida. A surety company must have a Best's Key Rating Guide
General Policyholder's Rating of "A" or better and a Financial Category of Class "V"
or better or be acceptable to the COUNTY. The attorney-in-fact or other officer who signs a
bond must file with such bonds a certified copy of his power-of-attorney authorizing him to
do so. The Maintenance Bond may be written with the CITY'S contractor as "Principal" and
the CITY and the COUNTY as "Co -obligees" or the COUNTY as sole "Obligee". In the
alternative, the CITY may be named as "Principal" and the COUNTY as "Obligee". The
Maintenance Bond shall remain in force for one (1) year following the date of final
acceptance by the COUNTY of the work done pursuant to this Agreement to protect the
COUNTY against losses resulting from any and all defects in materials or improper
performance of work. If there is no building construction underway within the CITY'S
property at the time of conveyance, the COUNTY shall have the right to require that the
term of the Maintenance Bond be extended for a period not to exceed an additional two (2)
years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such
defects which are discovered within the warranty period or periods as set forth above,
failing which the COUNTY shall make such repairs and/or replacements of defective work
and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all costs
arising therefrom. The CITY also warrants that it shall be solely responsible for the repair
of any damages to said facilities caused by persons in its employment. This paragraph is
subject to the limitations of Section 768.28, Florida Statutes,
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CURTIS PARK NEW POOL FACILITY, ID# 22682a
21, 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.
G. 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.
22. 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
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CURTIS PARK NEW POOL FACILITY, ID# 22682a
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.
23. 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.
24. 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.
25. OPINION OF TITLE. With the execution of this Agreement, the CITY at its
own expense shall deliverto the DEPARTMENT an opinion of title forthe 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.
26. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requiresthat
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
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CURTIS PARK NEW POOL FACILITY, ID# 22662a
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. This paragraph is subject to the
limitations of Section 768.28, Florida Statutes.
27. 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 orwho
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.
28. 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 "Curtis Park New Pool Facility", ID# 22682,
dated July 21, 2916, recorded in Official Records Book 30162, at Page 3491, of the Public
Records of Miami -Dade County, Florida, and made with respect to the matters contained
herein and when duly executed constitutes the complete Agreement between the CITYand
the COUNTY.
29. 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.
30. RECORDING OF AGREEMENT. This Agreement is being recorded in the public
records of Miami -Dade County, Florida, for the particular purpose of placing all persons upon notice
of the provisions herein contained. The CITY shall pay all recording fees.
31. 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.
32. 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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CURTIS PARK NEW POOL FACILITY, ID# 22682a
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:
Nora Palou,
New Business Contracting Officer
print name For: Kevin Lynskey, Director
Miami -Dade Water and Sewer Department
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this
day of
, 2018, by Nora Palou, New Business Contracting Officer, for
Kevin Lynskey, Director, of the Miami -Dade Water and Sewer Department, who is
personally known to me and did not take an oath.
Notary Public
print name
Page 11 of 12
Serial Number
CURTIS PARK NEW POOL FACILITY, ID# 22682a
ATTEST:
By:
CITY OF MIAMI, A FLORIDA
MUNICIPAL CORPORATION
By: (SEAL)
Todd Hannon, City Clerk Emilio Gonzalez, City Manager
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2018, by , as City Clerk,
and , as City Manager, of the City of Miami a Florida
municipal corporation, on behalf of the corporation. They are personally known to me or
have produced as identification and did/did not take an oath.
Approved for Legal Sufficiency:
Victoria Mendez, City Attorney
Notary Public
print name
Approved for Legal Sufficiency:
Assistant County Attorney
Page 12 of 12
Serial Number
CURTIS PARK NEW POOL FACILITY, ID# 22682
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
All that part of the West 1/2 of the East 1/2 of the NW 1/4 of Section 34, Township 53 South,
Range 41 East, lying North of the Miami River LESS the North 35 feet and the West 25 feet thereof,
and also LESS that part of the East 1/2 of the NW 1/4 of said Section 34 which lies within the
external area formed by a 25.00 feet radius arc, concave to the Southeast, tangent to the South
line of the !North 35 feet of the NW 1/4 of said Section 34, and tangent to the East line of the
West 25 feet of the East 1/2 of the NW 1/4 of said Section 34.
LESS the right-of-way for NW North River Drive
"A" 1 of 1
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CURTIS PARK NEW POOL FACILITY, ID# 22682a
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 d/unit under 3,001 sq. ft.
310 gpd/unit (3,001-5,000 sq. ft.)
510 g d/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
76 gpd/bed
100 gpd/unit
10 gpd/100 sq. ft,
150 gpd/person
100 gpd/ erson
COMMERCIAL LAND USES
Airport:
a Common Area/Concourse/Retail
10 g d/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
14 g pd/100 sq, ft.
Beauty Shop
25 gpd/100 sq. ft.
Big Box Retail
2.5 pd/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 pd/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
1,754 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
CURTIS PARK NEW POOL FACILITY, ID# 22682a
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/ erson
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 s . 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 s . ft,
Spa
20 d/100 sq. ft.
Sporting Facilities and Auditorium
3 g d/seat
Theater
a Indoor
1 g d/seat
b Outdoor/Drive-in
5 d/space
Veterinarian Office
20 d/100 sq. ft.
Warehouse/S peculation Building
2 d/100 sq. ft.
Wholesale Food Preparation (including but not limited
to meat markets and commissaries
35 gpd/100 sq. ft.
LEGEND:
gpd - gallons per day
sq. ft. - square feet
NOTES:
1) Sewage gallonage refers to sanitary sewage flow on a per unit and/or use basis for average daily flow in gallons
per day.
2) Condominiums shall be rated in accordance with the specific type of use (e.g„ apartment, townhouse,
warehouse, etc.).
"B" 2 of 2
CURTIS PARK NEW POOL FACILITY, ID## 22682a
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS GALLONAGE
(gpd)
To construct and connect to the County's
water and sewer systems a public
swimming pool facility for 50 people 1,500
Previously connected to the County's water
and sewer systems a public swimming pool
facility for 88 people -2,640 (credit)
"C" 4 of 1
COMPLETION OF
BUILDING CONNECTION
2018-2019
n/a