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14TO: FROM: DATE: City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 663-6350 Fax (305) 668-7208 Steven Alexander, City Manager Jorge L. Vera, Capital Improvement Project Manager August 6, 2013 South Miami hOd ifur 2001 I~ 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 wafer 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 1 st Reading B 2 nd 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, 10# 21513. Ladies and Gentlemen: We are pleased to enclose the water and sewer document for Murray Park Aquatic Center, 10# 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, J)./ Denise Chung New Business Section Enclosures /.: :"":'.-. miamidade.gov Water Supply Certification Number:852-A-21513 Water Supply Certification Issued Date: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 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 (GPD) Total Calculated Flow: 3,780 (GPD) Reserved Flow: 3,780 (GPD) The Department has evaluated your request pursuant to Policy CIE-SD 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 (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. A98DFC72-A443-4407-87D7-CA7C7172F7DA miamidade.gov Water Supply Certification Number:852-A-21513 Water Supply Certification Issued Date: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 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) Total 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-W. 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 (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 -87D7 -CA7C7172F7DA MURRAY PARK AQUATIC CENTER, 10# 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: c/o 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 "An attached hereto and made a part hereof, hereinafter sometimes described as the "CITY'S property". The CITY has requested that the DEPARTMENT render water and sewer service to the CITY'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. WAIVER. No delay or failure to exercise a right under this Agreement or any other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or indulgence of any breach of this Agreement or series of breaches shall be deemed or construed as a waiver of any other breach of same or as voiding or altering any other obligation of the parties under this Agreement or any other Agreement. No order or directive given by the COUNTY or its agents shall be considered as waiving any portion of this Agreement unless done in writing by a person having actual authority to grant such waiver. Page 2 of 16 MURRAY PARK AQUATIC CENTER, ID# 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 win 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, 10# 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. 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 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 ofS.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, 10# 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 othelWise 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, 10# 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 j 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 of the DEPARTMENT and shall be dependent on the availability of the water resource and the various restrictions placed on the supply of water or the disposal of sewage by local, state and federal government agencies and the physical limitations on the COUNTY'S supply and treatment capacity. If the CITY does not utilize the yearly amount of water or sewage treatment facility allocation 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 other than the CITY who own property. other than the CITY'S property. which has frontage to any water main installed pursuant to this Agreement. may apply to the COUNTY for connections to said water main. If said parties actually connect and/or abut said facilities, the COUNTY will impose a construction connection charge equal to thirty-five dollars ($35.00) for the twelve 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/abutting property. Said construction connection charges will not be required or collected from other parties for single-family residences occupied or under construction prior to the date of this Agreement. The COUNTY shall repay said construction connection charges to the CITY within 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 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. 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 rec'ording 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 "An or better and a Financial Category of Class "V" or better or be acceptable to the COUNTY. The attorney-in-fact or other officer who signs a bond must file with such bonds a certified copy of his power-of-attorney authorizing him to do so. The Maintenance Bond may be written with the CITY'S contractor as "Principal" and the CITY and the COUNTY as "Co-obligees" or the COUNTY as sole "Obligee". In the alternative, the CITY may be named as "Principal" and the COUNTY as "Obligee". The Maintenance Bond shall remain in force for one (1) year following the date of final acceptance by the COUNTY of the work done pursuant to this Agreement to protect the COUNTY against losses resulting from any and all defects in materials or improper performance of work. If there is no building construction underway within the CITY'S property at the time of conveyance, the COUNTY shall have the right to require that the term of the Maintenance Bond be extended for a period not to exceed an additional two (2) years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such defects which are discovered within the warranty period or periods as set forth above, failing which the COUNTY shall make such repairs and/or replacements of defective work and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all costs arising therefrom. The CITY also warrants that it shall be solely responsible for the repair of any damages to said facilities caused by persons in its employment. 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 CITV'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, ID# 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 limitations 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 Posta! 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 MIAMI-DADE COUNTY 8y: ____________________________ __ 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 CORPORA TrON 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 of the 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 MIAMIMDADE 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 FOLIO# 09·4025·028-0130 MIAMI·DADE COUNTY SEC 25-54-40 MAY 16, 2013 MURRAY PARK AQUATIC CENTER, ID# 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.) 550 gpd/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 Qpd/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 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 1 Ogpd/1 00 sq. ft. Theater allndoor Auditorium 3 gpd/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. "8" 1 of 2 MURRAY PARK AQUATIC CENTER, 10# 21513 TYPES OF LAND USES (CONTINUED) Car Wash a) Hand-Type blAutomated(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 QPd/bay 5,500 gpd/bay 145 gpd/washer 15gp_d/100 sq. ft. 50 gpd/1 00 sq. ft. 10 gpd/100 sq. ft. 450 gpd/unit 1,750 gpd/unit 10 gpd/100 sq. ft. 20 gpd/100 sq. ft. 15 gpd/cage 60 gpd/slip . 35 gpd/1 00 sq. ft. 55 gpd/100 sq. ft. 5 gpd/100 sq. ft. 10 gpd/100 sq. ft. see restaurant use 10 9P_d/1 00 sq. ft. 250 gpd/bed 150 gpd/bed 5 gpd/person 20 gpd/person elF: 75 gpd/bed JAIL: 150 gpd/bed OTHER: 100 gpd/person 20 gpd/1 00 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/1 00 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 "cn 1 of 1 COMPLETION OF BUILDING CONNECTION 2013 -2014 Page: NabesSE_24, J:'rlifinno let· 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 (ConYnu,d) • Chabad House in Miami • Temple Sinai of Beach (Orthodox) North Dade (Reform) • Cuban Hebrew • Temple TIfereth Jacob Congregation -(ConseJvative) Temple Beth Shmuel • Young Israel of Aventura (Conservative) (Orthodox) • Kavanah Ufe at Ocean • Young Israel of Sunny Pavilion (Orthodox) Isles Beach (Orthodox) • Open Tent with the Tribe MIAMI/CENTRAL rugr~~eie~g~s~~~~~~~ DADE in their 20s & 30s) • Beth David Congregation (Conservative) • Temple Beth Shalom • Chabad at Midtown (Reforrn--frev & 2nd Day Rosh Hashanah) (Orthodox) • Temple Emanu-B • The Rok Family Shul (Cooservative) -Chabad Downtown • Temple Moses Sephardic Congregation of Florida (Orthodox) NORTH DADE • Aventura Chabad (Orthodox) • Aventura Tumberry Jewish Center -Beth Jacob (Conservative) • Beth Moshe Congregation (Conservative) • Beth Torah Benny Rok Campus (Con~ervative) • California Club Chabad (Orthodox/Spanish-language services) • Chabad of Miami Lakes (Orthodox) • Chabad of Sunny Isles Beach (Orthodox) • Chabad Russian Center (Orthodox/Russian-language services) • Highland Lakes Jewish Center -Chabad Chayil/ The Famly Shul (Orthodox) • The Shul of Bal Harbour (Orthodox) Jewish Center (Orthodox) • Temple Beth Tov Ahavat Shalom (Conservative) • Temple Israel of Greater Miami (Retonn) SOUTH DADE • Ahavat OIam (NondenominationaQ • Bet Breira Samu-EI Or OIom (Refonn & Conservative services) • Bet Shira Congregation (Conservative) • Chabad Jewish Center of Doral (Orthodox) • Chabad of Kendall (Orthodox) • Temple Beth Am (Reform) • Temple Beth Or (Reconstructionist) • Temple Hatikvah - Homestead Jewish Center (Refonn) • Temple Judea (Reform) • Young Israel of Kendall (Orthodox) TO ENSURE SECURITY, advance reservations are required. Please be prepared to show a picture 10. Worshippers are encouraged to bring their own head coverings and prayer shawl .. 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 V 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 Dolphins Kickoff Lunch- eon: The Greater Miami Chamber presents event with meal alongside your favorite players, coaches and alumni. The event features player Q&A and a performance by the Miami Dolphins Cheerleaders. You may bring your cameras. TI: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 Housing Hosts Art Exhibition 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. Listeners/Dyentes 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. TI. Listeners/ayentes, 1450 NE Second Ave., Media and CITY OF SOUTH MIAMI COURTESY NOTICE Entertainment District. 305-935-0045. www.listenersprogram.org. Peace Corps Info Session-: 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 for Jenny: The Parks Founda- tion of Miami-Dade and the Swim for Jenny Memorial Fund present fundraising 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. 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 sanitary sewage facilities associated with the City Hall sewer connection project located at 6130 Sunset Drive. 0 ( 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 5B Pl., more particularly as 5BOO SW 66 St. as well as any associated right of way or easement. . An Ordinance of the City of South Miami, Florida amending the Code of Ordinances Section 15-1 -Reserved, prohibiting the operation of helipads and the landing or takeoff of helicopters 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(1) to provide clarification as to the meaning of language of the limitation period for filing an ethics complaint and to provide for the repose of complaints. A Resolution of 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 BOth Street; 6120 SW 80th Street; and 6040 SW BOth Street, South Miami, Florida within an RS-3; Low Density Single-Family Residential Zoning District, as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-4.2(B) of the City of South Miami Land Development Code, and Section 28-4 of the Miami-Dade County Code; for the purpose of constructing five new single family homes; and providing for a legal description. 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 account number 001-191 0-521-4450 (PurchaseA.ease Police Vehiclesl. for the years fiscal years 2013/14 through 2014/2015. ALL interested parties are invited to attend and will be heard. For further Information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC 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 wllich the appeal is to be based. Pub. date: Sunday, August 11 last user: paulsteszewski <:o.,..tinn 7nn.o.° 0-:31,.10.<:1: I "3ct ,..h'2nn.o. "3t-,n·1t;·t;O "lInllet 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 pO (SEAL) O.V. FERBEYRE personally known to me "