23City of South Miami
PUBLIC WORKS & ENGINEERING DEPARTMENT
4795 SW 75 th Avenue
Miami, FL 33155
Tel. (305) 663-6350 Fax (305) 668-7208
South Miami
bOd
rorr
2001
TO: Steven Alexander, City Manager
FROM: Jorge L. Vera, Capital Improvement Project Manager
DATE: August 6,2013
Resolution: An Ordinance authorizing the City of South Miami to enter into an agreement
with Miami-Dade County Water and Sewer Department for the conveyance, to
the County, of the water and sanitary sewage facilities associated with the
Murray Park Pool project located at NE corner of SW 68 St and SW 58 PL.,
more particularly as 5800 SW 66 St. as well as any associated right of way or
easement.
Background: The City Commission approved the design and construction of a community pool
at Murray Park. As part of the design and construction of the pool, there is a
need to connect the water and sewer lines for the facility to the existing Miami-
Dade County Water and Sewer facilities.
Expense:
Account:
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
water and sanitary sewage facilities. The water and sanitary sewage facilities
that lie 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
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 water and sanitary sewage facilities associated with the Murray
6 Park Pool project located at NE corner of SW 68 St and SW 58 PL., more
7 particularly as 5800 SW 66 St. as well as any associated right of way or easement.
8 WHEREAS, the City of South Miami is proposing to construct a community
9 swimming pool at Murray Park; and
10
11 WHEREAS, as part of the construction of the pool there needs to be a water and
12 sewer connection to the existing Miami-Dade County Water and Sewer facilities; and
13
14 WHEREAS, as part of the process for the connection to the existing water and
15 sanitary sewer, an agreement is required to be entered into between the City South
16 Miami and Miami-Dade County for the conveyance to Miami-Dade County of the water
17 and sanitary sewage facility, which is being constructed by the City of South Miami, and
18 which shall be maintained by the County in perpetuity pursuant to the agreement, as well
19 as for the conveyance of the necessary right of way or easement for the facility; and
20
21 WHEREAS, only the water and sanitary sewage facility within the public right of
22 way or any easements associated with said project are being conveyed to Miami-Dade
23 County; and
24
25 WHEREAS, the City Commission of the City of South Miami wishes to convey
26 said water and sanitary sewer facility to Miami Dade County Water and Sewer
27 Department and to authorize the City manager to execute said agreement.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
31
32 Section 1. The City Manager is hereby authorized to execute the agreement
33 between the City of South Miami and Miami-Dade County Water and Sewer Department
34 and to execute any other document necessary for the conveyance of the water and
35 sanitary sewage facility as well as any right of way or easement that is required by the
36 agreement. A copy of the Agreement is attached to this resolution.
37
38 Section 2. Severability. If any section, clause, sentence, or phrase of this
39 ordinance is for any reason held invalid or unconstitutional by a court of competent
40 jurisdiction, this holding shall not affect the validity of the remaining portions of this
41 ordinance.
42
43 Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and
44 all sections and parts of sections of ordinances in direct conflict herewith are hereby
45 repealed. However, it is not the intent of this section to repeal entire ordinances, or parts
46 of ordinances, that give the appearance of being in conflict when the two ordinances can
47 be harmonized or when only a portion of the ordinance in conflict needs to be repealed
48 to harmonize the ordinances. If the ordinance in conflict can be harmonized by
49 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore,
50 only that portion that needs to be repealed to harmonize the two ordinances shall be
51 repealed.
52
53 Section 4. Effective Date. This ordinance shall become effective upon
54 enactment.
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
PASSED AND ENACTED this __ day of _____ , 2013.
ATTEST:
CITY CLERK
15t Reading B
2nd Reading B
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
miamidade.gov
July 23,2013
City of South 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: Water and Sewer Agreement for Murray Park Aquatic Center, ID# 21513.
Ladies and Gentlemen:
We are pleased to enclose the water and sewer document for Murray Park Aquatic
Center, ID# 21513. A Water Supply Certification letter included in the packet requires a $90.00
fee paid at time of collecting the packet. 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 $180.00 for the
recording fees made payable to the Miami-Dade Water 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,
-~~-ct; .
~::';;U~i~~~~ Section ;j, U11 /:;! 1 s
Enclosures V vf I /
miamidade,gov
Water Supply Certification Number:852-A-21513
Water Supply Certification Issued Date:06/11/20 13
Building Process Number:
Applicant: N/A
Re: Adequate Water Supply Certification
Water and Sewer
PO Box 330316 • 3575 S. l.ejeune Road
Miami, Florida 33233-0316
T 305-665-7471
Owner/Agent: CITY OF SOUTH MIAMI
Organization:
6130 SUNSET ORIVE
MIAMI, FL 33143
The Miami-Dade Water and Sewer Department (Department) has received your request to receive water services
to serve the following project which is more specifically described in the attached Agreement, Verification Form, or
Ordinance letter.
Project Name: MURRAY PARK AQUATIC CENTER
Project Location: 6701 SW 58 PL South Miami
Previous Use:VACANT
Proposed Use: 126 PERSON PUBLIC SWIMMING POOL
Previous Flow: 0 (GPO)
Tota! Calculated Flow: 3,780 (GPO)
Reserved Flow: 3,780 (GPO)
The Department has evaluated your request pursuant to Policy CIE-5D and WS-2C in the County's
Comprehensive Development Master Plan and Limiting Condition No.5. of the South Florida Water Management
District Water Use Permit Number 13-00017 ow. Based on its review of all applicable information, the Department
hereby certifies that adequate water supply is available to serve the above described project.
This Adequate Water Supply Certification will expire if a building permit is not applied for within 365 days of the
date of issuance of said certification. If an Agreement is executed for the proposed project, the certification will
remain active with the terms of the Agreement until such time as the building permit is applied for. If a building
permit is applied for in accordance with the aforementioned conditions, this certification will remain active with the
building permit process.
Furthermore, be advised that this adequate water supply certification does not constitute Department approval for
the proposed project. Additional reviews and approval may be required from sections having jurisdiction over
specific aspects of this project. Also, be advised that the gallons per day (GPD) flow reserved herein is for water
certification purposes only and may not be representative of GPD ffows used in calculating connection fees by the
utility providing the service.
Should you have any questions regarding this matter, please contact Maria A. Valdes, Chief, Comprehensive
Planning And Water Supply Certification Section, (786) 552-8198 or via email at mavald@miamidade.gov.
Sincerely,
Comprehensive Planning And Water Supply Certification Section.
A980FC72-A443-4407-87D7-CA7C7172F70A
miamidade.gov
Water Supply Certification Number: 852-A-21513
Water Supply Certification Issued Dale:06/11/2013
Building Process Number:
Applicant: N/A
Re: Adequate Water Supply Certification
Water and Sewer
PO Box 330316 • 3575 S. Lejeune Road
Miami, Florida 33233-0316
T 305-665-7471
Owner/Agent: CITY OF SOUTH MIAMI
Organization:
6130 SUNSET DRIVE
MIAMI, FL 33143
The Miami-Dade Water and Sewer Department (Department) has received your request to receive water services
to serve the following project which is more specifically described in the attached Agreement, Verification Form, or
Ordinance LeUer.
Project Name: MURRAY PARK AQUATIC CENTER
Project Location: 6701 SW 58 PL South Miami
Previous Use:VACANT
Proposed Use: 126 PERSON PUBLIC SWIMMING POOL
Previous Flow: 0 (GPO)
Total Calculated Flow: 3,780 (GPD)
Reserved Flow: 3,780 (GPO)
The Department has evaluated your request pursuant to Policy CIE-5D and WS-2C in the County's
Comprehensive Development Master Plan and Limiting Condition NO.5. of the South Florida Water Management
District Water Use Permit Number 13-00017 oW. Based on its review of all applicable information, the Department
hereby certifies that adequate water supply is available to serve the above described project.
This Adequate Water Supply Certification will expire if a building permit is nol applied for within 365 days of the
date of issuance of said certification. If an Agreement is executed for the proposed project, the certification will
remain active with the terms of the Agreement until such time as the building permit is applied for. If a building
permit is applied for in accordance with the aforementioned conditions, this certification will remain active with the
building permit process.
Furthermore, be advised that this adequate water supply certification does not constitute Department approval for
the proposed project. Additional reviews and approval may be required from sections having jurisdiction over
specific aspects of this project. Also, be advised that the gallons per day (GPO) flow reserved herein is for water
certification purposes only and may not be representative of GPO flows used in calculating connection fees by the
utility providing the service.
Should you have any questions regarding this matter, please contact Maria A. Valdes, Chief, Comprehensive
Planning And Water Supply Certification Section, (786) 552-8198 or via email at mavald@miamidade.gov.
Sincerely,
Comprehensive Planning And Water Supply Certification Section.
A980FC72-A443-4407 -8707 -CA7C7172F7DA
MURRAY PARK AQUATIC CENTER, ID# 21513
AGREEMENT
FOR
WATER AND 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 pi
MURRAY PARK AQUATIC CENTER, 10# 21513
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: clo Miami-Dade Water and Sewer
Department, P.O. Box 330316, Miami, Florida 33233-0316, and the CITY OF SOUTH
MIAMI, a Florida municipal corporation, hereinafter designated as the "CITY", whose
mailing address is: City of South Miami, 6130 Sunset Drive, South Miami, FL 33143.
WHEREAS, the CITY desires water and 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 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 underthis 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 of 16
MURRAY PARK AQUATIC CENTER, 10# 21513
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 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 "8" 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 public swimming pool for one hundred twenty-
six (126) persons, representing an average daily gallonage of three thousand seven
hundred eighty (3,780) gallons, replacing vacant land. Therefore, the agreed total average
daily gallonage increase is three thousand seven hundred eighty (3,780) gallons, resulting
in combined water and sewer connection charges in the amount of twenty-six thousand
four hundred twenty-two dollars and twenty cents ($26,422.20). However, water and sewer
connection charges shall be calculated at the rates in effect at the time of actual connection
Page 3 of 16
MURRAY PARK AQUATIC CENTER, ID# 21513
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 "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 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 COUNTY owns and operates an existing
twelve (12) inch water main located in S.W. 68 Street east of S.W. 58 Place, to which the
DEVELOPER shall connect and extend a twelve (12) inch water main westerly in S.W. 68
Street to S.W. 58 Place, interconnecting to an existing eight (8) inch water main at that
location. If the Fire Department requires any fire hydrants and/or a fire line along the
western boundary of the property (S.W. 58 Place), then the DEVELOPER shall connect to
the aforementioned proposed twelve (12) inch water main in S.W. 68 Street at S.W. 58
Place and extend a twelve (12) inch water main northerly in S.W. 58 Place to a point as
required to provide service to the proposed fire hydrant(s) and/or fire line, interconnecting
to an existing four (4) inch water main at that location. Any public water main extension
within the property shall be twelve (12) inches minimum in diameter. If two {2) or more fire
hydrants are to be connected to a public water main extension within the property then the
water system shall be looped with two (2) points of connection. The COUNTY also owns
and operates existing eight (8) inch gravity sewer mains located in S.W. 58 Place and S.W.
68 Street, abutting the western and southern boundaries of the property, respectively, to
any of which the property owner shall connect for sewer service. If unity of title does not
apply, then any gravity sewer within the property shall be public and eight (8) inch minimum
in diameter. Other points of connection may be established subject to approval of the
DEPARTMENT.
Page 4 of 16
MURRAY PARK AQUATIC CENTER, ID# 21513
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/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 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
Page 5 of 16
MURRAY PARK AQUATIC CENTER, ID# 21513
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 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.
14. 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.
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.
Page 6 of 16
MURRAY PARK AQUATIC CENTER,IO# 21513
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. SEWAGE PUMPING STATION AND SEWER FORCE MAIN
CONSTRUCTION CONNECTION CHARGE. The DEVELOPER shall pay the COUNTY a
sewer construction connection charge equal to one dollar and seventy-one cents ($1.71)
per each average daily gallon to be connected to the COUNTY'S sewer system for its pro-
rata share of the actual construction cost of COUNTY Sewage Pumping Station Number
177 Upgrades and related sewer force main, constructed and installed by other parties (10#
21579), resulting in a construction connection charge of six thousand four hundred sixty-
three dollars and eighty cents ($6,463.80). Per annum simple interest as established and
authorized by Section 687.01, Florida Statutes, will accrue on the construction connection
charge from February 27, 2012, to the date of payment by the DEVELOPER. The interest
rate used shall be the rate established by Section 687.01, Florida Statutes, at the time of
payment by the DEVELOPER. The DEPARTMENT shall not, under any circumstances,
render water and/or sewer service to the DEVELOPER'S property until such time as the
construction connection charge and interest specified herein have been paid in full.
18. 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 sewage 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 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 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 ot 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 otwater or sewage treatment facility allocation
Page 7 of 16
MURRAY PARK AQUATIC CENTER, 10# 21513
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.
19. 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 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 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.
20. 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 sale 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.
21. CONNECTION/FRONTAGE BY OTHERS. Parties otherthan 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
Page 8 of 16
MURRAY PARK AQUATIC CENTER, 10# 21513
(12) inch water in S.W. 68 Street and/or S.W. 58 Place, 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/abuttrng 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 one hundred eighty (180) days of receipt of same. However,
the COUNTY'S liability for repayment to the CITY shall be limited to those amounts actually
collected from others. This provision shall remain in effect for a period of twelve (12) years
from the date of the Absolute Bill of Sale for the water main facilities constru.cted 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 "CITY Repayment Fee" currently in the amount of2.5% 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.
22. 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 oftitle 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.
Page 9 of 16
MURRAY PARK AQUATIC CENTER, ID# 21513
23. 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.
24. 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 acceptable to the DEPARTMENT, which guarantees the warranty. If it becomes
necessary to repair and/or replace any of the facilities during the initial one (1) year period,
then the warranty as to those items repaired and/or replaced shall continue to remain in
effect for an additional period of one (1) year from the date of final acceptance by the
COUNTY of those repairs and/or replacement. The bond shall be in the amount equal to
the sum of those portions of the actual cost of construction of said facilities as follows:
Types of Facilities
Water mains
Gravity sewers
Percentage of Actual
Construction Cost
25
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
Page 10 of 16
MURRAY PARK AQUATIC CENTER, ID# 21513
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 sale "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.
25. 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/or 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/or 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.
Page 11 of 16
MURRAY PARK AQUATIC CENTER, 10# 21513
26. 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,
subject to the limitations set forth in Section 768.28, Florida Statutes. The proVisions in this
clause shall survive the termination or expiration of this Agreement.
27. 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.
28. 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.
Page 12 of 16
MURRAY PARK AQUATIC CENTER, 10# 21513
29. 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.
30. 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.
31. 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 the Miami-Dade County 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.
32. 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
Page 13 of 16
MURRAY PARK AQUATIC CENTER, 10# 21513
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, subject to the !imitations set forth in Section 768.28,
Florida Statutes.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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 14 of 16
MURRAY PARK AQUATIC CENTER, 10# 21513
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
--------------------------------
Zaba S. Castro, Esq., Assistant Director,
Legislative and Municipal Affairs
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 Zaba S. Castro, Esq., Assistant Director, Legislative
and Municipal Affairs, 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 15 of 16
&,
MURRAY PARK AQUATIC CENTER, 10# 21513
ATTEST: CITY OF SOUTH MIAMI, A FLORIDA
MUNICIPAL CORPORATION
By: {SEAL} By: ____________ _ ___________ (SEAL}
City Clerk
AFFIX CITY SEAL
Approved as to Legal Form and
Sufficiency
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
City Manager
The foregoing instrument was acknowledged before me this _____ day of
_________ , 2013, by ____________ , as City Manager,
and ______________ , as City Clerk, of City of South Miami, a
Florida municipal corporation ofthe State of Florida. They are personally known to me or
have produced __________ as identification and did/did not take an oath.
Notary Public
print name Serial Number
Approved for Legal Sufficiency:
Assistant County Attorney
Page 16 of 16
MURRAY PARK AQUATIC CENTER, 10# 21513
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI~DADE COUNTY
AND
CITY OF SOUTH MIAMI
LEGAL DESCRIPTION
LOTS 10 THRU 17, IN BLOCK 8, REALTY SECURITIES CORPORATION, TOWNSITE
OF LARKINS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
2, PAGE 105, OF THE PUBLIC RECORDS OF MIAMI~DADE COUNTY, FLORIDA.
"A" 1 of 1
MIAMI -DADE WATER AND SEWER DEPARTMENT
EXHIBIT "A" -1
LOCATION SKETCH
SCALE: N. T.S
-THIS IS NOT A SURVEY·
MURRAY PARK AQUATIC CENTER
AGMT ID# 21513
FOLlO# 09·4025·028-0130
MIAMI·DADE COUNTY SEC 25-54·40
MAY 16, 2013
MURRAY PARK AQUATIC CENTER, 10# 21513
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.)
550gpd/unit (over 5,000 sq. ft.)
CITYhouse 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 gpd/lane
Dentist's Office 20 gpd/100 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/100 sq. ft.
b) Fast-Food 50 gpd/100 sq. ft.
c) Take-Out 100 gpd/100 sq. ft.
Hotel or Motel 100 gpdfroom
Office Building (County) 5 gpd/100 sq. ft.
Office Building (Other) 5 gpdf100 sq. ft.
Motor Vehicle Service Station 10 gpd/100 sq. ft.
Shopping Center/Mall
a} Retail/Store 10 gpd/100 sq. ft.
Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc. 3 gpd/seat
Retail/Store 10 gpdf100 sq. ft.
Theater
allndoor Auditorium 3gpd/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 50 gpd/100 sq. ft.
"B" 1 of 2
MURRAY PARK AQUATIC CENTER, 10# 21513
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) wI 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
Nursing/Convalescent Home
Public Park
a)With toilets only
b) With toilets and showers
Other Residentiallnstitution/Facility
School
a) Day care/Nursery
b) ReQular 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 QPd/bay
5,500 gpd/bay
145 gpd/washer
15gpd/100 sq. ft.
50 gpd/100 sq. ft.
10 gpd/100 sq. ft.
450 Qpd/unit
1,750 gpd/unit -10 gpd/100 sq. ft.
20gpd/100 sq. ft.
15 gpd/cage
60 gpd/slip
35 gpd/100 sq. ft.
55 gpd/100 sq. ft.
5 gpd/1 00 sq. ft.
10 gpd/100 sq. ft.
see restaurant use
10 gpd/100 sq. ft.
250 gpd/bed
150 gpd/bed
5 gpd/person
20 gpd/person
CLF: 75_9pd/bed
JAIL: 150 gpd/bed
OTHER: 100 gpd/person
20 gpd/100 sq. ft.
12 gpd/100 sq. ft.
30 gpd/person -
1 gpd/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.).
"B" 2 of2
MURRAY PARK AQUATIC CENTER, 10# 21513
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS
Construct and connect to the County's
water and sewer system:
126-person public swimming pool
GALLONAGE
(gpd)
3,780
"C"1 of 1
COMPLETION OF
BUILDING CONNECTION
2013 -2014