HomeMy WebLinkAboutExhibitRBA FERN ISLE PARK, ID# 30341
AGREEMENT
WATER AND SANITARY SEWER FACILITIES
BETWEEN
CITY OF MIAMI
This instrument prepared by;
Brandon Garcia
New Business Section
Miami -Dade Water and Sewer Department n
3575 S. LeJeune Road (�tJ
Miami, Florida 33146-2221
4 fP. ,i
PBA FERN ISLE PARK, ID# 30341
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, 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 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.
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PBA FERN ISLE PARK, ID# 30341
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 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 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 bythe
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.
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PBA FERN ISLE PARK, ID# 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 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,
8. 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.
9. 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.
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.
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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 District, the U.S. Army Corps of Engineers and the Florida East
Coast Railroad may require that the COUNTY be named as permittee for certain
construction activities even though the CITY or the CITY'S contractor will actually perform
the work. To insure that the COUNTY will incur no costs or liability as a result of being
named permittee on such permits, the CITY shall provide sufficient security as acceptable
to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions,
judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to
work performed by the CITY pursuant to such permits. The security shall be furnished prior
to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate
for the permit work. The CITY shall have sixty (60) days to resolve any claims by a
permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the
security. The CITY shall be liable for all costs in excess of the security.
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. OWNERSHIP OF WATER METER. The COUNTY shall own and install the
required water meter as a part of any water service installation. Ownership by the
COUNTY shall terminate at the outlet side of each water meter. The CITY shall pay all
applicable installation fees.
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
(Standard) Length/ Qty I FT _/ Qty Credit
i a. I 8 inches ( 12 inches 152 feet $9.00 $1,368.00
j Total estimated oversizing credit: $1,36800
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PBA FERN ISLE PARK, ID# 30341
Both parties agree that the oversizing credits shall be calculated based on the actual
quantities of oversized facilities installed 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 oversizing 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 (ID# 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 ($2,100.00). Per annum simple interest
as established and authorized by Section 687.01, Florida Statutes, will accrue on 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.
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PBA FERN ISLE PARK, ID# 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 COUNTY to supply water for the CITY'S property or the ability
to receive and dispose of sewage originating from the CITY'S property. Capacity allocation
is subject to local, state and federal agencies and other regulatory bodies having
jurisdiction. In connection therewith, the CITY agrees that the COUNTY shall not be liable
or in any way responsible for any costs, claims or losses incurred by the CITY as a result of
actions by regulatory bodies, which are related to capacity allocation.
21. FACILITIES EASEMENTS. If the facilities contemplated herein or any
portion thereof are installed within private property outside of public right-of-way, the
facilities shall be installed in the center of a twelve (12) foot wide easement for water
facilities and 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 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.
22. CONNECTIONIFRONTAGE 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 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
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PBA FERN ISLE PARK, ID# 30341
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 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.
23. CONVEYANCE OF TITLE. Conveyance of all easements shall be by
separate instruments in recordable form as approved by the COUNTY and shall be
accompanied by a written opinion of title by an attorney licensed to practice law in the State
of Florida, which states that the CITY is the owner of the property interest to be conveyed,
subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY.
The opinion shall also state that upon execution by the CITY, a valid and enforceable
easement will be vested to the COUNTY. The CITY shall pay for all recording fees and for
all documentary stamps. The details for all conveyances are specified herein. Failure of
the CITY to provide proper conveyances shall be cause for the COUNTY to refuse to
render service to the CITY'S property.
24. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of
the water and sewer facilities contemplated herein for COUNTY ownership, the COUNTY
shall provide a conveyance package for execution by the CITY. The properly executed
documents shall be delivered to and accepted by the COUNTY prior to the rendition of
water and/or sewer service by the COUNTY. The CITY shall pay for all recording fees and
for all documentary stamps. These conveyances shall be accompanied by copies of paid
bills and lien waivers, releases, or satisfactions from all persons who performed work on the
CITY'S property and all persons who incorporate materials into the property, together with
a breakdown of the actual cost of said facilities. Concurrently, the CITY shall furnish the
COUNTY with as -built drawings which meet the requirements set forth in the latest revision
of the DEPARTMENT'S "Rules and Regulations" and shall be in accordance with the latest
revision of the DEPARTMENT'S "Design and Construction Standard Specifications and
Details" and shall be subject to approval by the DEPARTMENT. Approval by the COUNTY
of all required documents and drawings shall constitute final acceptance by the COUNTY of
said facilities, After final acceptance, the facilities shall remain at all times the sole,
complete, and exclusive property of the COUNTY and under the exclusive control and
operation of the COUNTY.
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
COUNTY an executed maintenance bond or alternate security deposit acceptable to the
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PBA FERN ISLE PARK, ID# 30341
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 Percentaqe 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
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
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
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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 limitations 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 attorney's fees and costs of defense, which the CITY and/or its officers,
employees, or agents, may incur as a result of claims, demands, suits, causes of actions,
or proceedings of any kind or nature arising out of, relating to, or resulting from the
negligent or wrongful act or omission of the COUNTY and/or its officers, employees,
agents, servants, partners, principals, contractors and/or subcontractors, during the term of
this Agreement. The COUNTY shall pay all claims and losses in connection therewith, and
shall investigate and defend all claims, suits, or actions of any kind or nature in the name of
the CITY, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and reasonable attorneys' fees which may issue thereon. The COUNTY
expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the COUNTY shall in no way limit the responsibility to
indemnify, keep and save harmless, and defend the CITY or its officers, employees, or
agents, as herein provided. Nothing herein shall be deemed to indemnify the CITY from
any liability or claim arising out of the negligent or wrongful act or omission of the CITY, its
officers, employees, or agents. The provisions in this clause shall survive the termination
or expiration of this Agreement. This paragraph is subject to the limitations of Section
768.28, Florida Statutes.
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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 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.
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 lave 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 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 repairthe water facilities. The provisions in this clause shall
survive the termination or expiration of this Agreement subject to the limitations of Section
768.28 Florida Statutes.
Page 11 of 14
PBA FERN ISLE PARK, ID# 30341
34. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage
disposal service commitment provided for in this Agreement shall be transferred, assigned
or otherwise conveyed to any other party without the express written consent of the Director
of the DEPARTMENT or his designee except as noted below. The consent of the
DEPARTMENT shall not be required in connection with the sale, lease or other
conveyance of property or any residential units or commercial establishments to any party
who will be the ultimate user of the property, including but not limited to a bona fide
purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent
of the DEPARTMENT for assignments or transfers of any water and sewage disposal
capacity allocation to any party who holds such property as an investment for resale or who
intends to develop for sale a portion of the CITY'S property, so that the COUNTY can
adequately determine the demand for water and sewage disposal capacity and plan for the
fair and equitable allocation of water and sewage disposal capacity among the residents of
Miami -Dade County. Consent, when required, shall not unreasonably be withheld by the
DEPARTMENT. If the CITY'S property is transferred or conveyed, the CITY shall remain
liable to the COUNTY for all sums of money and all obligations due hereunder unless
released in writing by the COUNTY.
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. 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 otherivise properly furnished.
37. RECORDING OF AGREEMENT. This Agreement is being recorded in the
public records of Miami -Dade County, Florida, for the particular purpose of placing all
owners and occupants, their successors and assigns, upon notice of the provisions herein
contained. The CITY shall pay all recording fees.
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.
39. 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
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:
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 13 of 14
Serial Number
PBA FERN ISLE PARK, ID# 30341
ATTEST:
By:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
(SEAL) By:
, City Clerk
CITY OF MIAMI, A FLORIDA
MUNICIPAL CORPORATION
The foregoing instrument was acknowledged before me this
, 2019, by
(SEAL)
, City Manager
day of
as City Clerk,
and , 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
not take an oath.
Approved for Legal Sufficiency:
Notary Public
print name
Approved for Legal Sufficiency:
Assistant County Attorney
City Attorney
Page 14 of 14
as identification and did/did
Serial Number
PBA FERN ISLE PARK, ID# 30341
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
LEGAL DESCRIPTION
All that Lot, piece or parcel of land, situate, lying in Section 34, Township 53 South, Range 41 East,
City of Miami, Miami—Dade County, .Florida, being a portion of Tract "A" of "POLICE BENEVOLENT
ASSOCIATION", according to the Plat thereof, as recorded April 25, 1969 in Plat Book 86, at Page.15 of
the Public Records of Dade County, (now Miami—Dude County), Florida, the same being particularly
described by metes and bounds as follows, viz.:
Begin at the Northwest corner of said Tract "A", thence N87'54'32"E (the sarne line bearing West by
Plat) along the North line of sold Tract "A" and the South right of way of N.W. 14th Street for 2.31.06 m
feet; thence departing said North line of Tract "A" and the south right of way line of N.W. 14th Street,
S00'49'34"E for 433.64 feel thence 388'04'50"E for 42.63 feet; thence 501'55'10"E for 32.19 feet;
theme N88'35'32"E for 208.03 feet to a point of intersection with- the East line of said Tract "A",
thence 501'24-'28"E (the sarne line bearing S00'41'00"W by Plat) along said East line of Tract "A" for
354.86 feet to the Southeast corner of said Tract "A"; thence N87'51'35"W along the South line of said
Tract "A" for 2.08.67 feet (the same line bearing S85'46'07"E for a distunce of 208.29 feet by Plat);
thence N76'0i'43"W along said South line of Tract "A" for 274.58 feet (the same line bearing
S73'56'15"E for a distance of 275.00 feet by Plat) to the Southwest corner of said Tract "A"; thence
N01'352.8"V (the some line bearing SOO'30'00"W by Plat) along the West line of said Tract "A" for
7,34.60 feet to the Point of Beginning.
"A" 1 of 1
MIIAMDADE MIAMI - DADE WATER AND SEWER DEPARTMENT
j
N
1500 1503 - 2361 2351 2341 2331 '2321 2311 2301 1583 wE
24001480 $
1421 2360 2350 2340 2330 2320 2310 1420 � Z`'` 2215
1430
w
_ o
D
Lazo
- ..... . < 2295
1401 ;2361 2351-2341 2331 '2321 2311 1400 m 2275
2401
NW 14TH ST
2392. 2360 1385 2340 j 2222 2210
1390 :E1374 1375 1360
= 1364 1365
E- 2300
m 1354 1355 1340
N
1344 1345
1380 Z 2250
1334 1335 1310
1324 1325
1314 1315
1304 1305 1250
1300
1301
2201
S� 0"6 SR 33
Fkpy 6Fy�'Y
2401
2385
EXHIBIT "A" — 1 PBA FERN ISLE PARK
AGMT ID# 30341
LOCATION SKETCH FOLIO# 01-3134.076-0020
SCALE: N,T.S MIAMI-DADE COUNTY SEC 34-53-41
-THIS IS NOT A SURVEY- MAY 16, 2019
PBA FERN ISLE PARK, ID# 30341
COMMERCIAL LAND USES
Airport:
a) Common Area/Concourse/Retail !
EXHIBIT "B" OF AGREEMENT
b) Food Service
BETWEEN
Bank
MIAMI-DADE COUNTY
Banquet Hall (with or without kitchen
AND
Bar, Cocktail Lounge, Nightclub, or Adult Entertainment
CITY OF MIAMI
SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY
TYPES OF LAND USES
GALLONS PER DAY (GPD)
RESIDENTIAL LAND USES
Big Box Retail
2.5 gpd/100 sq. ft.
210 gpd/unit (under 3,001 sq. ft.)
Single Family Residence
j 310 gpd/unit (3;001-5,000 sq. ft.)
510 gpd/unit (over 5,000 sq. ft.)
!
Townhouse Residence
165 gpd/unit
Apartment
135 gpd/unit
Mobile Home Residence/Park
160 gpd/unit
C Duplex or Twin Home Residence
150 gpd/unit
Residential Facility/Institution:
Fitness Center or Gym I
a) Congregate Living Facility
(CLF) 75 gpd/bed
b) Apartment Dormitory
I 100 gpd/unit
c) Fire Station
! 10 gpd/100 sq. ft.
d) Jail
150 gpd/person
e) Other
( 100 gpd/person
COMMERCIAL LAND USES
Airport:
a) Common Area/Concourse/Retail !
10 gpd/100 sq. ft.
b) Food Service
see restaurant use for allocation
Bank
10 gpd/100 sq. ft.
Banquet Hall (with or without kitchen
10 gpd/100 sq. ft.
Bar, Cocktail Lounge, Nightclub, or Adult Entertainment
20 gpd/100 sq. ft.
Barber Shop
10 gpd/100 sq. ft.
Beauty Shop
25 gpd/100 sq. ft.
Big Box Retail
2.5 gpd/100 sq. ft.
Bowling Alley
100 gpd/lane
Car Wash.-
ash:a)
a)Manual Washing
350 gpd/bay
`b) Automated Washing I
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 I
10 gpd/100 sq. ft.
Funeral Horne j
5 gpd/100 sq. ft.
Gas Station/Convenience Store/Mini-Mart:
a) Without car wash
4504/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
PBA FERN ISLE PARK, ID# 30341
TYPES OF COMMERCIAL LAND USES (CONTINUED)
5 gpd/person
House of Worship
10 9pd/100 sq. ft.
Industrial use NOT discharging a process wastewater
30 gpd/person
and NOT utilizing potable water for an industrial
4 gpd/100 sq. ft.
process (including but not limited to automotive repair,
I
boat repair, carpentry, factory, machine shop, welding
65 gpd/100 sq. ft.
Industrial use discharging a process wastewater or
100 gpd/100 sq. ft.
utilizing potable water for an industrial process based
4 gpd/100 sq. ft.
ons stem design and evaluation by the Department
10 gpd/100 sq. ft. I
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 I
5 gpd/person
b) With toilets and showers 1
20 gpd/person
Public Swimming Pool Facility !
30 gpd/person
Recreational Vehicle (RV) Park (seasonal use)
150 gpd/space
Restaurant
I
a) Fast Food
65 gpd/100 sq. ft.
b) Full Service
100 gpd/100 sq. ft.
c) Take -Out I
100 gpd/100 sq. ft.
Retail I
10 gpd/100 sq. ft. I
School: i
a) Day care/Nursery (adults and children) I
10 gpd/100 sq. ft.
b) Regular school
12 gpd1100 sq. ft.
Self-service storage units
1.5 gpd/100 sq. ft. j
Shopping Center/Mall Shell/Common Area _
10 gpd/100 sq. ft. _
Spa I
20 gpd/100 sq, ft.
Sporting Facilities and Auditorium _
3 gpd/seat
Theater
a) Indoor
1 gpd/seat
b) Outdoor/Drive-in (
5 gpd/space
Veterinarian Office
?"pd/100 sq. ft.
Warehouse/Speculation Building
2 gpd/100 sq. ft.
Wholesale Food Preparation (including but not limited
35 gpd/100 sq. ft.
to meat markets and commissaries)
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 berated in accordance with the specific type of use (e.g., apartment, townhouse,
warehouse, etc.).
"B"2of2
PBA FERN ISLE PARK, ID# 30341
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI
BUILDING CONNF,CTION SCHEDULE
TYPE AND NUMBER OF UNITS
Construct and connect to the County's
water and sewer systems 345 -person
public park (with toilets).
"C" 1 of 1
GALLONAGE COMPLETION OF
(gpd) BUILDING CONNECTION
1,725 2019-2020