22City of South Miami
PUBLIC WORKS & ENGINEERING DEPARTMENT
4795 SW 75th Avenue
Miami, FL 33155
Tel. (305) 663-6350 Fax (305) 668-7208
South Miami
bOd
fiUr
2001
TO: Steven Alexander, City Manager
FROM: Jorge L. Vera, Capital Improvement Project Manager
DATE: August 6,2013
Resolution: An Ordinance providing City of South Miami to enter into an agreement with
Miami-Dade County Water and Sewer Department for the donation of sanitary
sewage facility associated with the City Hall sewer connection project located at
6130 Sunset Drive.
Background: Under Resolution # 76-13-13894, the City Commission approved a contract with
Florida Construction and Engineering, Inc. for the City Hall sewer connection
project. The project consists of abandoning an existing septic tank and
connecting to the sewer line running along SW 61 Ct.
Expense:
Account:
The process of getting the required permits approved by Miami-Dade Water and
Sewer Department has delayed the start of the project due to their many
requirements. An agreement is required between the City South Miami and
Miami-Dade County for the City to make the necessary connection to Miami-
Dade County's existing sanitary sewage facility. The sanitary sewage facility that
lies within the public right of way or any easements associated with said project
are being conveyed to Miami-Dade County. Staff does not foresee any
easements being required for this project, since the work lies within the public
right of way. In the event that an easement is required, the proper documents will
be presented to the City Commission at a future date. Once the City constructs
and connect to the existing County facilities, those lines will be conveyed to
Miami-Dade County for them to maintain in perpetuity.
Not Applicable.
Not Applicable
Attachments: Proposed Ordinance
Agreement
52
53 PASSED AND ENACTED this __ day of _____ , 2013.
54
55 ATTEST: APPROVED:
56
57
58
59 CITY CLERK MAYOR
60 15t Reading B
61 2nd Reading B
62
63 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
64 LANGUAGE, LEGALITY AND Mayor Stoddard:
65 EXECUTION THEREOF Vice Mayor Liebman:
66 Commissioner Newman:
67 Commissioner Harris:
68 Commissioner Welsh:
69 CITY ATTORNEY
1 ORDINANCE NO. ______ _
2
3 An Ordinance authorizing the City of South Miami to enter into an agreement with
4 Miami-Dade County Water and Sewer Department for the conveyance, to the
5 County, of the sanitary sewage facilities associated the City Hall sewer connection
6 project located at 6130 Sunset Drive.
7 WHEREAS, the City of South Miami is proposing remove an existing septic tank
8 providing service to City Hall and to connect to the Miami-Dade County sanitary sewer;
9 and
10
11 WHEREAS, as part of the connection process to the existing sanitary sewer an
12 agreement between the City South Miami and Miami-Dade County is required~ and
13
14 WHEREAS, said agreement is for the conveyance of the sanitary sewage facility
15 being constructed by the City of South Miami to Miami-Dade County for them to maintain
16 in perpetuity; and
17
18 WHEREAS, only the sanitary sewage facility within the public right of way or any
19 easements associated with said project are being dedicated to Miami-Dade County; and
20
21 WHEREAS, the City Commission of the City of South Miami wishes to convey
22 said sanitary sewer facility to Miami Dade County Water and Sewer Department and
23 authorize the City manager to execute said agreement.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27
28 Section 1. The City Manager is hereby authorized to execute the agreement
29 between the City of South Miami and Miami-Dade County Water and Sewer Department
30 and to execute any other document necessary for the conveyance of the sanitary
31 sewage facility as well as any right of way or easement that is required by the
32 agreement. A copy of the Agreement is attached to this resolution.
33
34 Section 2. Severability. If any section, clause, sentence, or phrase of this
35 ordinance is for any reason held invalid or unconstitutional by a court of competent
36 jurisdiction, this holding shall not affect the validity of the remaining portions of this
37 ordinance.
38
39 Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and
40 all sections and parts of sections of ordinances in direct conflict herewith are hereby
41 repealed. However, it is not the intent of this section to repeal entire ordinances, or parts
42 of ordinances, that give the appearance of being in conflict when the two ordinances can
43 be harmonized or when only a portion of the ordinance in conflict needs to be repealed
44 to harmonize the ordinances. If the ordinance in conflict can be harmonized by
45 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore,
46 only that portion that needs to be repealed to harmonize the two ordinances shall be
47 repealed.
48
49 Section 4. Effective Date. This ordinance shall become effective upon
50 enactment.
51
MIAMI.!!'
ijI'VUtitliiiiiiillll'
mlamidade.gov
June 24,2013
City of $outh Miami
6130 Sunset Drive
South Miami, Florida 33143
Water and Sewer
PO Box 330316·3575 S. Lejeune Road
Miami, Florida 33233-0316
T 786-268-5360 F 305-669-4059
Re: Sewer Agreement for City of South Miami City Hall, 10# 21158a.
Ladies and Gentlemen:
We are pleased to enclose the water and sewer document for City of South Miami City Hall,
10# 21158a. The County's offer of those terms and conditions contained in the document shall expire
sixty (60) days from the date of this letter.
If the documents are satisfactory, please have all copies executed and returned to us with an Opinion of
Title using our format enclosed and a check in the amount of $146.00 for the recording fees made
payable to the Miami-Dade Wat~r and Sewer Department and, in addition, any amounts due with the
execution of the documents as specified in the documents. Please note that the legal description on the
Opinion of Title should match the legal description initially submitted to the Department for the
agreement preparation. Failure of the legal descriptions to match will result in time delays for your
project. The documents shall not be binding upon either party until executed by the Department on
behalf of the County and all monies due are received. When executed by the Department, we will
forward one (1) fully executed copy for your files.
This instrument was prepared using the information provided to us by the property owner and/or
its agent.
If you have any questions regarding this matter, please contact me at (786) 268-5209.
Very truly yours,
Denise Chung
New Business Section
Enclosures
*NOTE: The title search period for this Opinion must cover the time period to ~ilnr~19J~!1 prior to submittal of signed water and sewer agreements
or an assignment. FOR WARRANTY DEEDS, EASEMENTS, COVENANTS AND UNITIES OF TITLE, THE OPINION MUST COVER THE TIME PERIOD
THROUGH THE DATE OF EXECUTION OF THE DEED, EASEMENT, COVENANT OR UNITY.
The opinion for all LLC agreements and N.V. property owner corporations must state that the person(s) signing the agreement or legal
document has the legal power and authority to sign on behalf of and bind the entity.
MIAMI-DADE COUNTY
MIAMI-DADE WATER AND SEWER DEPARTMENT
OPINION OF TITLE
To: MIAMI DADE COUNTY, a political subdivision of the State of Florida.
f91fJ3'kl.q[tomifi~Jfila:rEg1ItJ:~1lli~~lQrnlli~n~Ql~J!lt{~!{i~1rtqfflj§K~f,t-;t;~M!Wt~l:f~I1~~~~G.gf[~W;~~lrQBn~~t~§;KiiD~lDi~~1fmrnlltt91~{~t~gljg~Iq]~:Q
~'gr.ltiiQl~fj'g[q;g.'lllw..~lI~rlffm~ hereinafter described or for acceptance of a warranty deed, easement, covenant or unity of title, as applicable, It is
hereby 'certified that I (we) have examined the complete Abstract of Title or Title Policy Number • issued by ====::::-::: _______ --'. dated and the following: . covering the period from the
llg@rID~@lij,~kt~ ltlQ:ilf~p.l~ . at inclusive, of the following described real property:
Basing my (our) opinion on said complete abstract or title policy covering said period I (we) am (are) of the opinion that on the last mentioned
date the fee simple title to the above described real property was Rigg[ijl1i11----------________ --'-
Subject to the following liens, encumbrances and other exceptions:
GENERAL EXCEPTIONS
1. All taxes for the year In which this opinion is rendered, unless noted below that such taxes have been paid.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics or materialmen's liens.
5. Zoning and other restrictions'imposed by governmental authority
o &QNP;~pj&rI~~~pl@nik~~l~~
o ~H:lgJ~l1~~~!I£TIlQ~~mMl@g~tgfi~lr~&{~R:~~~lbi~~j:
Respectfully submitted this ___ day of _________ , 2013
Print Name Firm Name
Signature Address
Florida Bar Number Phone Number
CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
AGREEMENT
FOR
SANITARY SEWAGE FACILITIES
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
This instrument prepared by:
Douglas Pile, Esq.
New Business Section
Miami-Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221 11
CITY OF SOUTH MIAMI CITY HALL, 10# 211S8a
THIS AGREEMENT, made and entered into at Miami-Dade County, Florida,
this day of . , 2013 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 THE CITY OF SOUTH
MIAMI, a municipal corporation of the State of Florida, hereinafter designated as the
"CITY", whose mailing address is: City of South Miami, 6130 Sunset Drive, South Miami,
FL 33143.
W! ! N g S §. E I H:
WHEREAS, the CITY desires sewer 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 sewage systems owned by the
COUNTY.
NOW, THEREFORE, in consideration ofthe mutual covenants entered into between
the parties hereto to be made and performed and in consideration ofthebenefits 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 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.
Page 2 of12
CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
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 the following Agreements and Orders as
currently in effect or as amended: Settlement Agreement between the State of Florida
Department of Environmental Protection, hereinafter designated as the "DEP", and the
COUNTY dated July 27, 1993; the First Amendment to the Settlement Agreement between
. DEP and the COUNTY dated December 21, 1995; the First Partial Consent Decree and the
Second and Final Partial Consent Decree entered in the case of United States of America
Environmental Protection Agency (EPA) v. Metropolitan Dade County (Case Number 93-
1109 CIV-Moreno); the Consent Order between DEP and the COUNTY filed on April 29,
2004; and 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; and all other current, subsequent or future enforcement and regulatory
actions and proceedings.
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 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
e\(~nt 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 connect to the
COUNTY'S sewer system three thousand seventy-two (3,072) square feet of office
building, representing an average daily gallonage of one hundred fifty-four (154) gallons,
currently on water and septic. Therefore, the agreed total average daily gallonage increase
is one hundred fifty-four (154) gallons of sewer only, resulting in a sewer connection charge
in the amount of eight hundred sixty-two dollars and forty cents ($862.40). However, sewer
connection charges shall be calculated at the rates in effect at the time of actual connection
to the COUNTY'S sewer system. The DEPARTMENT'S current connection charge rate is
five dollars and sixty cents ($5.60) per gallon per day for sewer. The sewer connection
Page 3 of12
CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
charge rate is 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 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 "8" 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 r~quired 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 rendition of sewer service by the
COUNTY for the CITY'S property.
6. POINTS OF CONNECTION. The CITY is already a water customer of the
COUNTY. The COUNTY owns and operates an existing twenty-one (21) inch gravity
sewer main located in S.W. 61 Court abutting the western boundary of the property, to
which the CITY shall connect for sewer service. There are no proposed sewer main
extensions within the property for this project. Other points of connection may be
established subject to approval of the DEPARTMENT.
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 facil ities provided for in th is Ag reement unless otherwise specified. The
facilities shall include any and all valves, fittings, fire hydrants, firelines, service
connections, service lines, sh~toffs, meter boxes, air release valves, laterals, 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/or 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 eng ineering 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
Page 4 of 12
CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
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. Du ring 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 notbe 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.
13. 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 ~ounty. 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 5 of 12
CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
14. TREATMENT AND TRANSMISSION CAPACITY. In addition to the
covenants and conditions set forth herein, 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 sewage system and
connection approval, as specified in paragraph 3 herein,
However, in no event will the COUNTY be obligated to supply any more sewage treatment
capacity in anyone 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 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 various
restrictions placed on 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 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.
15. ALLOCATION OF CAPACITY. The COUNTY agrees to include the
aforesaid allocation in its regional sanitary sewer system,. once the CITY is granted
necessary sewer allocation, as specified in paragraph 3 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 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.
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 fifteen (15) foot wide easement for sewer
facilities, with 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 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
Page 6 of 12
CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
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. 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.
18. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of
the water and/or sewer facilities contemplated herein for COUNTY ownership, the
COUNTY shall provide conveyance documents, which may include bills of sale, releases of
lien, grants of easement, 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/or 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 one (1) set of mylar as-built drawings showing specific locations and depths
among other things, of all facilities as located by a licensed surveyor, along with five (5)
prints of the as-built drawings which have been sealed by a surveyor and certified by the
engineer of record. Approval by the COUNTY of all required conveyance documents,
drawings and survey specified herein 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.
Page 7 of 12
CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
19. 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 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
sewer facilities throughout the day on each full working day, weather
permitting.
b. Once the CITY commences work on the 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.
20. 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 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.
21. 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
Page 8 of 12
CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
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. .
22. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the
prevailing service charges for 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.
23. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to
make fu II use of the sewer facilities to be owned by the COUNTY as contemplated herein to
serve other customers at any time.
24. OPINION OF TITLE. With the execution of this Agreement, the CITY at its
own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S property,
issued by a qualified attorney licensed to practice law in the State of Florida, which states
that the CITY owns fee simple title to the property referred to herein.
25.· ASSIGNMENT OF AGREEMENT. No right to any 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 ofthis paragraph is to require consent
of the DEPARTMENT for assignments or transfers of any 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 sewage disposal capacity and plan for the fair and equitable
allocation of sewage disposal capacity among the residents of Miami-Dade County.
Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. Ifthe
CITY'S property is transferred or conveyed, the CITY shall remain liable to the COUNTY for
Page 9 of 12
CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
all sums of money and all obligations due hereunder unless released in writing by the
COUNTY.
26. 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.·
27. 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.
28. 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.
29. 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.
30. 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
CITY OF SOUTH MIAMI CITY HALL, ID# 21158a
.. '
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:
signature
print name
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI"DADE
By:
MIAMI~DADE COUNTY
------------------
Jose F.-Soto, Chief, New Customer Division
For: John W. Renfrow, P.E., Director
Miami~Dade Water and Sewer Department
The foregoing ·instrument was acknowledged before me this _______ day of
__ ----'-_______ , 2013, by Jose F. Soto, Chief, New Customer Division, for
John W. Renfrow, P.E., 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 Serial Number
Page 11 of 12
CITY OF SOUTH MIAMI CITY HALL, ID# 21158a
ATTEST:
By:
CITY OF SOUTH MIAMI, A FLORIDA
MUNICIPAL CORPORATION
By:
------=-~--~~~~~---------~------~~~--------Signature of City Clerk Signature of City Manager
Print name
(Affix City Seal)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Print name
The foregoing instrument was acknowledged before me this day of
_________ , 2013, by City Clerk, and
________________________ , City Manager, of the City of South Miami, who are
personally known to me and did not take an oath.
Notary Public
print name Serial Number
Approved for Legal Sufficiency:
Assistant County Attorney
Page 12 of 12
CITY OF SO~TH MIAMI CITYHALL, ID# 21158a
.
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI~DADE COUNTY
AND
CITY OF SOUTH MIAMI
LEGAL DESCRIPTION
2. Bo;in t,ft) ft.. V :& ,310 n, $ of N£'Cor. 01 HW 1/4 ~t IN 1/4 of
HE 11 .. , W'180 ft. S to r.B.C. Northorly alongF .... C •• to point;
opp.bcg~nN to bog-in S<.tCUOfi 36. bwn.tdp S4S .. <Jth. il<lngo 4Q
EIl_t,. oQnt~jnh~1l 1..lort !\i,O.l"e ot' less. ~n the CH)-' tot South H14mi.
County of Dldo,Sutt of F'l<>rhl«. M ~unbr~Hj'od fl'l t'ott.lHcat. No.
2'361. . ,
t
3. Loto 6 to 32. both1nolu"YIi!.and abo ALt Ulbt:. ~rt of tot
38 WhiCh 11 •• 'W"'" ott.h. Wbt IJrHi of Lot 1 .xhndied IfOythwiU"cf.,
tot ... S'out;.hwt.t;.t"ly",l,fnt alLot; ~3. ALL 1t1 RtULL"f 8'TOHS &
PlXSOH'S SUBDIVISION. 6.ccor4~"9 to '.lat .t.ttj;:f/iQf. 65 r.Ht;Qr4ocj in
Plat look 2'1. .t Pall-: 56 of tho PubUg lI.cOrdl of Df«d" COll'lt,y,
Florida. '
:Rote 1. From itaf'tll3# d.td h~u be.n t8tluif4aMrtcordo4 to l.t.
RehlMfi & '\lU. tQr thf followinql ',;,. . ' :."~;, ,
Lotb e 4t1d 3'2~ &1'14 bll tt~t (Xt:t>UQ,f ot'Lot 33. 1fbtt:'h U ••
H.1t ~t the Wflt 1 in. u.fLol 1 pr~du~'d ond, ;ext\en.dea li;)uth"4rd.
onto tb. aout.hlfe.ttrly UnQ ot '.(It. 3~ •. all . In RdUy StOlU.&
PCl~ONl 8ul:l~UYfl)ion, o.~ol)rdSnH t.o the Pla.t tlitt'ifOf ••• ree->rd.d
inPllt; Book' 21 •• ,t . P1Vo·a6. of the Pub~.tO Rt,"oi"d$ o.f nt.de
Couhty~ Florid., •••• tMt pcrUOcJl. <:>1 Lot U wbJQh U .. Vut 01
tho "eat lin. of tot .' pt\?duceU .nd txtendtd 8outhWtJN. onto thO'
Southtttd,t.rly Un. of. Lot. U.
, . '. ,.
Hot. 2. Oe.4 h •• ' bun. JiV~l:Iod to F~O"'dli £alit tout, A«f lw"y
Cotrl,.ny .. nll la btAI)f:.Mtd In o .. ctw cov .... ing th. tollo,",inga
.~ .
, 'lbe Boutl1elali'tl,¥~:i .fUt. of,Lotl 23, t. b": 31, both Ifioiuiv.·.
of Block 1. ()tRIEt.LY fJ'l'OIIIS' MID PAXSON SUBD'VISION. a. rnordtd in
Pla.t: look 21\' P4g. )56 of tho Public it40oN" of OA~' County.
'lorI4 •• , ' . .
"A" 1 of 1
00
./
./
MIAMI -DADE WATER AND SEWER DEPARTMENT
./
6193
7211
./
./
./
./
/
/
./
7401
./
./
~ 6141
O'l
->.
~
~
\
7220
EXHIBIT "A" -1
LOCATION SKETCH
SCALE: N.T.S
·THIS IS NOT A SURVEY·
./
./
./
w >: «
I-6075
C/) .....
6101 (0
.--~
5960
5995
SW 72ND ST
5950
..J
0-
:r:
E;
\-_--'----'-------) lO
586
5975
/
5950
7435 ~L----.
7441
CITY OF SOUTH MIAMI CITY HALL SEWER
CONNECTION
AGMT ID# 21158
FOLlO# 09·403.6·000·0030
MIAMI-DADE COUNTY SEC 36·54·40
APRIL 2, 2012
CITY OF SOUTH MIAMI CITY HALL, ID# 21158a
EXHIBIT "B" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY
TYPES OF LAND USES GALLONS PER DAY (GPD)
RESIDENTIAL LAND USES
220 gpd/unit (under 3001 sq. ft.)
Single Family Residence 320 gpd/unit (3001-5000 sq. ft.)
550 gpd/unit(over 5,000 sq. ft.)
Townhouse Residence 180 gpd/unit
Apartment 150 gpd/unit
. Mobile Home Residence/Park 180 gpd/unit
Duplex or Twin Home Residence 180 gpd/unit
COMMERCIAL LAND USES
Barber Shop 15 gpd/100 sq. ft.
Beauty Shop 25 gpd/1 00 sq. ft.
Bowling Alley 100 gpdllane
Dentist's Office 20,gpdl100 sq. ft.
Physician's Office 20 gpd/100 sq. ft.
Bar and Cocktail Lounge 20 gpd/100 sq. ft.
Restaurant
a) Full Service 100 gpd/1 00 sq. ft.
b) Fast-Food 50 gpd/100 sq. ft.
c) Take-Out 100 gpd/100 sq. ft.
Hotel or Motel 100 gpd/room
Office Building (County) 5 gpd/100 sq. ft.
Office Building (Other) 5 gpd/100 sq. ft.
Motor Vehicle Service Station 1 Ogpd/1 00 sq. ft.
Shopping Center/Mall
a) Retail/Store 10 gpd/100 sq. ft.
Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc. 3 QPd/seat
Retai IISto re 10 gpd/100 sq. ft.
Theater
a) Indoor Auditorium 3 QPd/seat
b) Outdoor Drive-in 5 gpd/space
Camper or R.V. Trailer Park 150 gpd/space
Banquet Hall 15 gpd/100 sq. ft ..
a) With Kitchen 50gpd/100 sq. ft.
"B" 1 of2
· CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
TYPES OF LAND USES (CONTINUED)
Car Wash
a) Hand-Type
b) Automated (drive through)
Coin Laundry
Country Club
a) With Kitchen
Funeral Home
Gas Station/Convenience Store/Mini-Mart
a) w/ Single Automated Car Wash
Health Spa or Gym
Veterinarian Office
Kennel
Marina
Food Preparation Outlet (Bakeries, Meat Markets,
Commissaries, etc.)
Pet Grooming
INDUSTRIAL LAND USES
Airport
a) Common Area/Concourse
b) Retail/Store
c) Food Service
House of Worship
Hospital
NursingjConvalescent Home
Public Park
a) With toilets only
b) With toilets and showers
Other Residential Institution/Facility
School
a) Day care/Nursery
b) Regular School (with or without cafeteria)
Public Swimming Pool Facility
Industrial
a) Warehouse/Spec. Building
b) Mini Storage
c) Industrial -Wet
d) Industrial -Dry
LEGEND:
gpd -gallons per day
sq. ft. -square feet
NOTES:
GALLONS PER DAY (GPO)
350 gpd/bay
5,500 gpd/bay
145 gpd/washer
15 gpd/100 sq. ft.
50gpd/100 sq. ft.
10 gpd/100 sq. ft.
450 gpd/unit
1,750 gpd/unit
10gpd/100 sq. ft.
20 gpd/100 sq. ft.
15 gpd/cage
60 gpd/slip
35 gpd/100 sq. ft.
55 gpd/1 00 sq. ft.
5 gpd/100 sq. ft.
10 gpd/1 00 sq. ft.
see restaurant use
10 gpd/1 00 sq. ft.
250 gpd/bed
150 gpd/bed
5 gpd/person
20 gpd/person
ClF: 75 gpd/bed
JAIL: 150 gpd/bed
OTHER: 100 gpd/person
20 gpd/100 sq. ft.
12 gpd/100 sq. ft.
30 gpd/person
111Qd/100 sq. ft.
1.5 gpd/100 sq. ft.
20 gpd/1 00 sq. ft.
2.5 gpd/100 sq. ft.
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.).
"8"20f2
CITY OF SOUTH MIAMI CITY HALL, 10# 21158a
EXHIBIT "c" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS
Connect to the County's sewer system
3,072 sq-ft of office space
GALLONAGE
(gpd)
154
"C" 1 of 1
COMPLETION OF
BUILDING CONNECTION
2013 -2014