HomeMy WebLinkAboutExhibitB-30606 FLAGLER ST FROM NVV 1 AVE TO BISCAYNE BLVD, ID# 22019a
AGREEMENT
cell,191
WATER AND SAK GARY SEWER FACILITIES
BETWEEN
WAW-DADE COUNTY
AND
CffY OF gyllAR I
This instrument prepared by:
Douglas Pile, Esq.
New Business Section
Miami -Dade Water and Sewer Department
3575 S. LeJeune Goad 1
Miami, Florida 33146-2221
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
THIS AGREEMENT, made and entered into at Miami -Dade County, Florida,
this day of , 2019, 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 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 Florida
and State of Florida Department of Environmental Protection v. Miami -Dade Countv, 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 12
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
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
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.
Page 3 of 12
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
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 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.
Page 4 of 12
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
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.
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 main, and thirty-three ($33.00)
dollars for the twelve (12) inch gravity sewer main, and for the eighteen (18) inch gravity
sewer main the construction connection charge shall be the rate approved by the Board of
County Commissioners at the time connection is made, multiplied by the front foot length of
the connecting/abutting property which fronts and/or abuts the water main and/or gravity
sewer main(s) as measured along the route of the main(s). The COUNTY will also impose
construction connection charges on such other parties if said water main and/orgravity 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
Page 5 of 12
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
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.
20. 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
Page 6 of 12
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
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:
Tvpes of Facilities Percentage of Actual Construction Cost
Water mains 25
Gravity sewers 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.
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
Page 7 of 12
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
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.
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 orwrongful 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.
Page 8 of 12
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
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. 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.
26. 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, .
Page 9 of 12
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
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 "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.
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.
Page 10 of 12
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
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:
Sandra P. Alvarez,
New Business Manager
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
, 2019, 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.
Notary Public
print name
Page 11 of 12
Serial Number
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
ATTEST:
M
Todd B. Hannon, City Clerk
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CITY OF MIAMI, A FLORIDA
MUNICIPAL CORPORATION
(SEAL) By:
Emilio T. Gonzalez, City Manager
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2019, by Todd B. Hannon , as City Clerk and
Emilio T. Gonzalez , 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
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
LEGAL 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
I I
M I AM I DMADE MIAMI - DADE WATER AND SEWER DEPARTMENT
101 600 101 49 45 501 500 501121 560 NE 5TH ST 227 500
NW 5TH ST z 501 401
&� \
102, 60 144 180 1 226 400
600 Lu 401 33 99 415
245
m 300 226
600 i NE 4TH ST 401
600 NE 4TH ST 345
430
-600 400 - 250252 340
600 z 327
m 245 330
600 300 300 315 249249 -
600 600 209 300
600600 NW 3RD ST NE 3RD ST wI
0
200 234 244
40 40 234
241 50 233 5060 228 130 229 W 244
200 231 40 222 225 35 239 201 227235 244
201 95 57 218 200 201 25 222 V I NE 2ND St - --
1401 141316
225 256144 13 401
137 36 54 118 120 1,24 133 144 - 130
175 30 140 129 128 127 133 255 115 cn
ill 195 123 45 * 20 118 127 - 151 173 41 117 . 139 111 245 261275 307 100
10 113
104 99 49 35 19 loo 1 334345 55 0 145 101 NE 1ST ST
1 z m
NW 1ST ST 37 46 40 rn
40 2 40 39 244
56 62 1
40 22 24 31 22 36 36 33 120 141 169 219 - 251 50
73 25 - ><
20 41 14 101 129 133 )l 231 m
20
7 27 19 1 29 R_ '22019
W FLA� " E FLAGLER ST , /
/70, 200 230
226
0110 134 144
46442816 303844 10 174 2
102 66 48 76 137 1 25
51 69 54 35 22 22 41 115121 131 161 SE 1ST ST 223 235
115 SW IST ST 45 101 co
w w
100 168 200 z
46 108 4 32 320 �E
101 56 343022 150 0
195...- 70 - 116 26 90 (n 150 225 cn
Ajp 65 45 35 19 122 155 45 w j SE 2ND ST m
SW 2ND ST (n U),
9
60loo uj
245
200 200 201 a 200
260
61 41 100 201
251 195 RAMP 245 loo 245 SE 3RD ST
91 3RD ST I _ .._ - __ . * ___300 3ff,
265
SW 5, AV S, 298 300
62 50 44 18 �12 300 333 255
30 316 400 BISCAYNE BOULEVARD WAY 300 400
333 22560 64 114 330 cn
- 300 m 300
"c' 82 �!, 200 270
122 405--
30
24 31
92 92 451 77 401 898
" 1 421 431 444 �j . I I
EXHIBIT "A" - 1
LOCATION SKETCH
SCALE: N.T.S
-THIS 13 NOT A SURVEY -
B-30606 FLAGLER ST FROM NW 1 AVE
TO BISCAYNE BLVD
AGMT ID# 22019a
FOLIO# ROW
MIAMI-DADE COUNTY SEC 01.54-41
JULY 19, 2019
N
W
S
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
SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY
TYPES OF LAND USES
GALLONS PER DAY (GPD)
RESIDENTIAL LAND USES
b) Food Service
1
see restaurant use for allocation
210 gpd/unit (under 3,001 sq. ft.)
Single Family Residence
310 gpd/unit (3,001-5,000 sq. ft.)
10 gpd/100 sq. ft.
510 gpd/unit (over 5,000 sq. ft.)
Townhouse Residence
165 gpd/unit
Apartment
135 gpd/unit
Mobile Home Residence/Park
160 gpd/unit
Duplex or Twin Home Residence
150 gpd/unit
Residential Facility/Institution:
Car Wash:
a) Congregate Living Facility (CLF)
75 gpd/bed
b) Apartment Dormitory
100 gpd/unit
c) Fire Station
10 gpd/100 sq. ft.
d) Jail
150 gpd/person
e) Other
100 gpd/person
COMMERCIAL LAND USES
Fitness Center or Gym
Airport:
a) Common Area/Concourse/Retail
10 gpd/100 sq. ft.
b) Food Service
1
see restaurant use for allocation
Bank
10 gpd/100 sq. ft.
Banquet Hall (with or without kitchen
10 gpd/100 sq. ft.
Bar, Cocktail Lounge, Nightclub, or Adult Entertainment
20 gpd/100 sq. ft.
Barber Shop
10 gpd/100 sq. ft.
Beauty Shop
25 gpd/100 sq. ft.
Big Box Retail
2.5 gpd/100 sq. ft.
Bowling Alley
100 gpd/lane
Car Wash:
a) Manual Washing ,
350 gpd/bay
b) Automated Washing
5,500 gpd/bay
Coin Laundry
110 gpd/washer
Country Club with or without kitchen
20 gpd/100 sq. ft.
Dentist's Office
20 gpd/100 sq. ft.
Fitness Center or Gym
10 gpd/100 sq. ft.
Funeral Home
5 gpd/100 sq. ft.
Gas Station/Convenience Store/Mini-Mart:
a) Without car wash
450d/unit
b) With single automated car wash
1,750 gpd/unit
Additional single automated car wash
1,300 gpd/unit
Hospital
250 gpd/bed
Hotel or Motel
115 gpd/room
"B" 1 of 2
B-30606 FLAGLER ST FROM NW 1 AVE TO BISCAYNE BLVD, ID# 22019a
TYPES OF COMMERCIAL LAND USES (CONTINUED)
House of Worship
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
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 Home
Office Building
C Pet Grooming
Physician's -Office
Public Park:
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
c) Take -Out
Retail
E School:
a) Day care/Nursery (adults and children)
b) Regular school
Self-service storage units
Shopping Center/Mall Shell/Common Area
Spa
Sporting Facilities and Auditorium
Theater
a) Indoor
b) 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
10 gpd/100 sq. ft.
4 gpd/100 sq. ft.
4 gpd/100 sq. ft.
15 gpd/100 sq. ft.
60 gpd/slip
30 gpd/100 sq. ft.
125 gpd/bed
5 gpd/100 sq. ft.
20 gpd/100 sq. ft.
20 gpdf100
I
5 gpd/person
20 gpd/person
30 gpd/person
150 gpd/space
65 gpd/100 sq. ft.
100 gpd/100 sq. ft.
100 gpd/100 sq. ft.
10 gpd/100 sq. ft.
10 gpd/100 sq. ft.
12 gpd/100 sq. ft.
1.5 gpd/100 sq. ft.
10 gpd/100 sq. ft.
20 gpd/100 sq. ft.
3 gpd/seat
1 gpd/seat
5 gpd/space
20 gpd/100 sq. ft.
2 gpd/100 sq. ft.
35 gpd/100 sq. ft.
NOTES:
1) Sewage gallonage refers to sanitary sewage flow on a per unit andlor 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