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13City 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 fiji'p 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 Ha" 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 Ha" 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 wi" 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 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 52 53 PASSED AND ENACTED this __ day of _____ , 2013. 54 55 ATTEST: APPROVED: 56 57 58 59 CITY CLERK MAYOR 60 1 st Reading 61 2nd Reading 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 MIAMI .• [(.lIJ~'ij iiiiI' nilamiditde'.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 ~'i~ila 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, COVENAN'T 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. 1"'t1~r,~~" :~~'ll~I~~!f~4jnrra-~m~~~~,"",Jt1i(."'·[lfl-t~~~~~~~.l,~W~D.'f!r~JP~' ~¥iWlJ.W£~~J'~I·, . k~l~~t~!S;,m¥Jl~}'!?Jn1P~JX.!t'~!!~~~..Jli;J.hlm;~Hru~C1.~.11~W~L~~&'A'1 lM.!~~~~~I~~ ~~~~ 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 ~__________ ' 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 wasitM:IJI _________________ ~ 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 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: Doug/as Pile, Esq. New Business Section Miami-Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 /1 CITY OF SOUTH MIAMI CITY HALL, 10# 21158a THIS AGREEMENT, made and entered into at Miami-Dade County, Florida, this day of . , 2013 by and between Miami-Dade County, a political subdivision oftlie 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 bf South Miami, 6130 Sunset Drive, South. Miami, FL 33143. 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 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 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 of 12 CITY OF SOUTH MIAMI CITY HAL!-, 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- 1,109 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 avolume 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\(ent 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 F orm( 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. Ifthe 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 facilities provided for in this Agreement 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 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 Page 4 of 12 CITY OF SOUTH MIAMI CITY HALL, ID# 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 s~all 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 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 connecticm 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 ofthe DEPARTMENTand 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 sale 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 contemp'lated 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, ID#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 tran$ferred in accordance with the COUNTY'S regulations. 23. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full 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 ofthis Agreement, the CITY at its own expense shall delivedo 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 of this 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. If the CITY'S property is transferred or conveyed, the CITY shall remain liable to the COUNTY for Page 9 of12 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 he~ein 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. Th'is 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 ofthis Agreement shall not be affected by such invalidity. Page 10 of 12 CITY OF SOUTH MIAMI CITY HALL, 10# 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 Co.UNTY --------------------~--------~ 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, 10# 21158a ATTEST: By: Signature of City Clerk Print name (Affix City Seal) STATE OF FLORIDA .COUNTY OF MIAMI-DADE By: CITY OF SOUTH MIAMI, A FLORIDA MUNICIPAL CORPORATION ---------------------------Signature of City Manager Print name The foregoing instrument was acknowledged before me this day of ___ -'--____ , 2013, by City Clerk, and _______________________ , City Manager, ofthe 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 SOUTH MIAMI CITY HALL, ID# 21158a' EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI~DADE COUNTY AND . CITY OF SOUTH MIAMI LEGAL DESCRIPTION tEG.A'L"V2SCRIP'ftOHot propo.rtY(lf)1!\prj"tnglbf C(·/II/lU;' ll.y. BUi hU/li Ol'Qurnf:.· ~rUI .4J_llJiU_t. PAl'k.t. . lF. tJClgin :35tt SAM. 120 It W .lot NB' <:Or-. ot ,HW ]/4 of:ttW 1/4 oe "~ 11~>-W :210 tt. S 3US. n. J ,~ 1 dO i't.... N USO tt.. E ~O n H )h16~ n. 'to P.O.B •• S.c:Uon3~. Toumlltip 'iS4 (South. Rt.Hi9'1l 40 hat •. cont6lntn-g 1..1 .o.rll. ftI.Ortl' qr lu,,~ 't' till; CUy ~t S~ut:.bMIQmi., County of D&4 ... Sto.U of "'loridil. a8 e!ilbl"Atf.~u'l in r."t"t.ifiollt. No .. 2360. . 2. BogIn tS:O·fl. W:& ~IJO ft. S ot PECqt.ol IN 114 <if IN 1/4 of. KG 1I4 t WUIO ft.. S to t.a.c. Northorly don~ ',£.0 •• to potnt opp •. ~gtn .N to' . btgtn S'~ctlofi 31». Townlbip .. '1S."qtb" R~ng(ll 4" Ee.t,. oont4jninv 140r. Ilion or hZUI" tnt.h. Cu.)" tJt South Hiemt. County of DAd., ·s.ta.t. of Ft4Ti1t4. Ad ilfoMl"4#o4 frj t'~I('tUiC'at. H.O. an.. " ~ 3. t.oto 8 to U$ both .1ljclU~HYfi!. lind -e.hfO A'tL U'tlt ~rt of t.ot, 33 'WhIch U., wilt ott-hI' WEal U",Cf Qt Lot '1 4Jxt.nd:ftd .• qythvi\J"4. to ·tho S.outhwtiltei"ly-, Unt' of :l.ot $3~ 11M. in Juutl.Y STOHS ,". PAXSON'S' SUliotVJSION/ .CC'()r~Unqto P:lat th.r-t9f'. alt' r9t1'o)"dtd in Plat ~k 27. 4tP411_; S6. of Ui& PubU,(I IltOom of Dltdif ~unty. Plo.rtd4. " ", Rote 1. :tromftemt~. dud h~u ba.h 18111.1:,4 ~Mn¢orUt4 to 1.L. J~.bmfi & 1IfU_ for th. fo-Howing; '~. ' . . ~~r i:~.¥' - tot4 8 IlM 32. and ~H tl.~t ilOf'UQn ,of'tot. 53. Yhtqn. U •• Wtlt 1)f tll-w~,t Un. liPr. :LQt 1 proIlU~i-4 ond.~;.xt'. •. nd.it .C)uthor4 onto th.B'out~eat.rly Uh~ ot '.Qt 33.111 . In RtliUy stou.& Pf.QONi Sub4iYi.i'on~ a.acQNlnn to tb, Pl4t tbtt'.of • .0, ..... ~or4.d .tn PItt Book' 2?«t ,Plgo;'''4.of t.he· Pub~:1Q Rccoi"4lio.t ~de Co\Uilt}'~ Florid;,. I ••• t;l:&t.p~:rU<>f!i.· of tot 3# 'NbJ,cb 1'1 .. Wnt of thO' W .. t Un. of tot'. ptmlu~ced ond txten.4.fd 90uUI\lM'd. onto thO' ·5'out.l'I\1tl8h·rlY Unt: ot._ Lot. 32.' • < .". ': Hot. ~.De!id b •• ' b •• n J:v.~uod t.o .F~or,d. EIllit COAst ~oHw&y Com~!lY dAd. i. bO;J},m::M141noocr,ow (u)v.rin,,-th6 1011o*,1nl7= ... to, . . . . 'nllt BO\ttlle(l.lt'hy,~$_{UL (If·LaU 23 b tbi: :n. both inc)uai ...... 01 alock 1 otlUm.LV '9TOI'IS MID PAXSON SUB lVISION. fl.-rnoH_dln P-l ... t~ aoo)c 21 .~: Pllgt .16 cot thu PubUc rooord, of Dai.lt Count.y. PJo,l"I~ •• "A" 1 of 1 MIAMI· DADE WATER AND SEWER DEPARTMENT ~ 6141 m -" ~ 6193 ~ ~ l-___ 6_1_8o-,--~~6-15-01 ~ m '" Z a ~ m· 00 7211 7311 7220 7340 7401 ,- ;' / ,- / " ,,/ ,- / EXHIBIT "An -1 LOCATION SKETCH SCALE: N.T.S -THIS IS NOT A SURVEY- / / ./ LU >: ;:( I-6075 CI) ...... 6101 CD $ CI) 5960 5995 SW72NDST 5950 ....I 0.. :r: S; \.---L--'-----1 l{) 586 5975 / 5950 5950 7435 ~L-----t 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, 10# 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 (GPO) 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 BarberShop 15_9Pd/100 sq. ft. Beauty Shop 25 gpd/1 00 sq. ft. Bowling Alley 100 gpdllane 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 100gpd/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 09Rd/1 00 sq. ft. Shopping Center/Mall a) Retail/Store 10 gpd/1 00 sq. ft. Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc. 3 -.9Qd/seat Retail/Store 10 gpd/1 00 sq. ft. Theater a) Indoor Auditorium 3@d/seat b) Outdoor Drive-in 5 gpd/space Camper or R.V. Trailer Park 150 -.9.Qd/space Banquet Hall 15 gpd/100 sq. ft .. a) With Kitchen 50gpd/100 sq. ft. "B" 1 of 2 . 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) 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 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 15gpd/100 sq. ft . 50 gpd/100 sq. ft. 10 gpd/100 sq. ft. 450 gpd/unit 1,750 gpd/unit 10 gpd/i00 sq. ft. 20 gpd/100 sq. ft. 15 gpd/cage 60 gpd/slip 35 gpd/100 sq. ft. 55 gpd/100 sq. ft. 5 gpd/i00 sq. ft. 10 gpd/100 sq. ft. see restaurant use 10 gpd/100 sq. ft. 250gpd/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 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) Condominiumsshali be rated in accordance with the specific type of use (e.g., apartment, townhouse, warehouse, etc.). "B" 2 of2 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 Page: NabesSE_24, l=..Iitinno lrt iday Welcome Program Registration opens Monday, August 12 at 8:30 a.m. A limited number of free seats is available at the following synagogues: MIAMI BEACH NORTH DADE (ConYnued) • Chabad House in Miami • Temple Sinai of Beach (Orthodox) North Dade (Reform) • Cuban Hebrew • Temple lifereth Jacob Congregation -(ConsSivative) Temple Beth Shmuel • Young Israel of Aventura (Conservative) (Orthodox) • Kavanah Ufe a! Ocean • Young Israel of Sunny Pavilion (Orthodox) Isles Beach (Orthodox) • Open Tent with the Tribe MIAMI/CENTRAL r~~r~~e;e:;xg~s ~~~~~~;~ DADE in their 20s & 30s) • Beth David Congregation (Conservative) • Temple Beth Sholom • Chabad at Midtown (Reform--Erev & 2nd Day Rosh Hashanah) (Orthodox) • Temple Emanu-8 • The Rok Family Shul (ConsSiVative) -Chabad Downtown • Temple Moses Sephardic Congregation of Florida (Orthodox) NORTH DADE • Aventura Chabad (Orthodox) • Aventura Tumbeny Jewish Center -Beth Jacob (Conservalive) • Beth Moshe Congregation (Conservative) • Beth Torah Benny Rok Campus (Conservative) • Califomia Club Chabad (Orthodox/Spanish-language services) • Chabad of Miami Lakes (Orthodox) • Chabad of Sunny Isles Beach (Orthodox) • Chabad Russian Center (OrthodoxlRussian-language services) • Highland Lakes Jewish Center -Chabad Chayill The Famly Shul (Orthodox) • The Shul of Bal Harbour (Orthodox) Jewish Center (Orthodox) • Temple Beth Tov Ahavat Shalom (Conservative) • Temple Israel of Greater Miami (Reloom) SOUTH DADE • Ahava! OIam (NondenominationaO • Bet Breira Samu-EI Or OIom (Reform & ConsSIVative services) • Bet Shira Congregation (Conservative) • Chabad Jewish Center of Doral (Orthodox) • Chabad of Kendall (Orthodox) • Temple Beth Am (Reform) • Temple Beth Or (Reconslructionisl) • Temple Hatikvah- Homestead Jewish Center (Aeloom) • Temple Judea (Reform) • Young Israel 01 Kendall (Orthodox) TO ENSURE SECURITY, advance reservalio~s are required. Please be prepared to Show a picture ID. Worshippers are encouraged to bring their own head coverings and prayer shawls, If available. Let us welcome the New Year 5774 together and may it be one of peace and prosperity for us all. Brought to you by the -0 Greater Miami Jewish Federation NEIGHBORS CALENDAR • CALENDAR, FROM 35SE certified Air Conditioning repair professionals. 7 p.m. Aug. 16. Action Air Inc, AC Repair Miami, 7891 West Flagler Street,. 954-966-7474. Meet the Dolphlns Kickoff Lunch- eon: The Greater Miami Chamber presents event with meal alongside your favorite players, coaches and alumni. The event features player O&A and a performance by the Miami Dolphins Cheerleaders. You may bring your cameras. 11:30 a.m. Aug. 16. Hilton Miami Downtown, 1601 Biscayne Blvd., Media and Entertainment District. $125 (includes parking to the lunch- eon, plus one lower level ticket for Miami Dolphins vs. Atlanta Falcons on Sept. 22 .. 305-577-5464. www.miamichamber.com. CHARITY & VOLUNTEER Carrfour Supportive Houslng Hosts Art Exhlbltlon and Cocktail Net- working Event: Carrfour Supportive Housing invites you to an evening of networking, art, reggae music and cocktails as we continue in our mission to confront homelessness across South Florida. This one--of-a-kind art show exhibiting the plight of the homeless will be curated by Miriam Machdo of The Patricia & Phillip Frost Art Museum at FlU, and is presented in conjunction with local artists in- cluding Erika Biddle, Giselle Delgado, Corinne Wakeland, and art critic/ historian Helen Khoen. 5:30 p.m. Aug. 15. Villa Aurora, 1398 SW First St .. East Little Havana. $25 for one person -or -$40 for two people. 954-547-3845. www.carrfour.org. Llsteners/Oyentes Program: M-DCPS sponsored program seeking non- judgmental English or Spanish speaking adults to act as sounding boards to make a difference in the life of a child. 9 a.m. Aug. 11. Listeners/Oyentes, 1450 NE Second Ave .. Media and CITY OF SOUTH MIAMI COURTESY NOTICE Entertainment District. 305-935-0045. www.listenersprogram.org. Peace Corps Info Sesslon-: Subtitle is Live, Learn and Work with a Community Overseas. Make a differ- ence in the lives of others and your own. Help a community in need and become a global citizen with Peace Corps service. Register at website. 6 p.m. Aug. 15. Sant La, Haitian Neighborhood Community Center, 5000 Biscayne Blvd .. Little Haiti. Free. 404-562-3456. ISwlm lor Jenny: The Parks Founda- tion of Miami-Dade and the Swim for Jenny Memorial Fund present tundraising event at participating Miami-Dade pools. 8 a.m. Aug. 11. Participating Miami Dade Parks and Pools. 3401 SW 72 Ave., Coral Terrace. 305-665-1626. www.swimforjenny.org. CLUBS Contemporary News & Views: If you • TURN TO CALENDAR, 41SE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, August 20, 2013, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance amending Section 15-93, titled "Noise-creating blowers, power fans, or internal combustion engines, outdoor powered tools and other equipment" of the existing noise ordinance. C An Ordinance authorizing the City of Sou!h Miami to enter into an agreement with Miami-Dade County wate) and Sewer Department for the conveyance, to the County, of !he sanitary sewage facililies associaled with the City Hall sewer connection project located at 6130 Sunset Drive. An Ordinance authorizing the City of South Miami to enter inlo an agreement wilh Miami-Dade County Water and Sewer Department for the conveyance, to the County, of the water and sanilary sewage facilities associated with the Murray Park Pool project located al NE corner of SW 68 51 and SW 56 Pl., more particularly as 5800 SW 66 St. as well as any associated nght of way or easement. An Ordinance of the City of South Miami, Flonda amending the Code of Ordinances Section 15-1 -Reserved, prohibiting the operation of helipads and the landing or takeoff of helicoplers or other aircraft with the city limits except In the case of pOlice, fire or similar civil emergency, and establishing a penalty for violations. An Ordinance amending Section 8A-2(Q to provide darificalion as to Ihe meaning 01 language of the limilalion penod lor filing an ethics complaint and to provide for the repose of complaints. A Resolution 01 the City of South Miami relating to a request to allow for the creation of parcels 1 through 5, on property specifically located at 6150 SW 60!h Street; 6120 SW 80th Street; and 6040 SW 80th Street, Soulh Miami, Flonda within an RS-3; Low Density Single-Family Residential Zoning Dislrict, as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-4.2(8) of the City of South Miami Land Development Code, and Section 28-4 of the Miami-Dade County Code; lor the purpose of constructing five new Single family homes; and providing for a legal descriplion. A Resolution authorizing the City Manager to enter into a two-year lease and maintenance contract for two police motorcycles with Petersen's Harley-Davidson's of Miami, disbursement of the funds up to $11,400.00 per year from accountnumberOOl-191 0-521-4450 (PurchaselLease Police Vehicles), for the years fiscal years 2013/14 through 2014/2015. ALL Interested parties are invited to attend and will be heard. For lurther information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMG City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at Its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. Pub. date: Sunday, August 11 Last user: paulsteszewski C:Ol'"tiinn 7n"0.. n~,.I.oC:1:' I ~C. ,.h~nno -=tt· ?n·u::·t;O "lInlict Q MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -AUGUST 20,2013 in the XXXX Court, was published in said newspaper in the issues of 08/09/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thO dverti e r publication in the said newspaper. Sworn to and subscribed before me this 09 d;J AUGUST -P~ (SEAL) O.V. FERBEYRE personally known to me 'a. tHoMAS 'ro Commissio.\ # 00 ~37~~~ Expires N()~ernter .!., 2U I,,) Bonded ThI\l11l.1) r"jil~ U'l~I.U;:I";'" ;:'1.;,!-Jtf..70lt4