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Res. No. 256-00-11148RESOLUTION NO. 256 -00 -11148 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MIAMI -DADE WATER AND SEWER DEPARTMENT FOR INFRSTRUCTURE IMPROVEMENTS IN THE CENTRAL BUSINESS, PROVIDING AND EFFECTIVE DATE WHEREAS, the existing infrastructure in the City of South Miami Central Business District is antiquated and insufficient; and WHEREAS, the City recognizes the importance of and need for sufficient infrastructure for current and future needs; and WHEREAS, the City and the Miami -Dade Water and Sewer Department have developed an Agreement that enables downtown development to proceed while the infrastructure plan is being developed; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to execute the attached Agreement with the Miami -Dade Water and Sewer Department. Section 2. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 19 day of December _'2000. ATTEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE: 5 -0 AND APPRO AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Yea S Commissioner Russell: Yea VT ORNEY y� Commissioner Bethel: Yea Si.. , D 9 Commissioner Wiscombe: Yea Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: December 19, 2000 and City Commission From: Charles Scun Re: Agenda Item City Manager Z4 U4144 WASAD Agreement: Downtown Infrastructure REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MIAMI -DADE WATER AND SEWER DEPARTMENT FOR INFRSTRUCTURE IMPROVEMENTS IN THE CENTRAL BUSINESS DISTRICT BACKGROUND AND ANALYSIS The City of South Miami has been working diligently with the Miami -Dade Water and Sewer Department (WASAD) over the past several months to address serious infrastructure needs in the central business district (CBD). The infrastructure in the CBD is antiquated and has placed the downtown area in a virtual moratorium. The existence of 2" and 4" water mains is barely sufficient for current needs and clearly insufficient for any new needs. The City and WASAD have sought to develop a mechanism that would begin the process for capital infrastructure improvements to bring the CBD up to current code but also enable small new projects to proceed. This agreement accomplishes these objectives. Under the terms of the agreement: The City agrees to take lead responsibility, subject to WASAD reviews and approvals, to design, finance and construct water facilities in the CBD. The City agrees to commence work on the project on or before January 2002. Individual property owners wishing to develop during this interim period may proceed provided they agree to pay the normal WASAD fees for their projects and to sign a restrictive covenant wherein they agree to make the major infrastructure upgrades required for their projects in the event the City does not. The City is, in essence, agreeing to best efforts to secure the funding and make the improvements. If the City is unable, due to funding or other constraints, to make these improvements, the financial burden would shift back again to the property owner /developer. The City is not incurring a legal or financial obligation. The City's engineering consultants, OTS, have performed a downtown infrastructure study that was presented to the City Commission. A copy is attached. The cost estimates for the water portion of the CBD project is approximately $1,000,000. The City is currently developing a financing plan for these improvements. This plan will be completed after the upcoming State Legislative Session. The funding sources are anticipated to include a variety of sources possibly including state grants, special assessment districts and revenue bonds. RECEOMMENDATION Approval is recommended. CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES BETWEEN MIAMI- DADE COUNTY AND THE CITY OF SOUTH MIAMI This instrument prepared by: Tomas R. Goicouria New Business Manager Utilities Development Division Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146 -2221 this CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 THIS AGREEMENT, made and entered into at Miami - Dade County, Florida, day of 2000 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, 3575 S. LeJeune Road, Miami, Florida 33146 -2221 and The City of South Miami, a Florida municipality, hereinafter designated as the "CITY ", whose mailing address is: c/o Mayor Julio Robaina, 6130 Sunset Drive, South Miami, Florida 33143. WIT NESSETH: WHEREAS, the CITY desires water service to be rendered to properties located within the CITY'S boundary, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter, designated as the "DEPARTMENT ", operates the water system 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. PROPERTIES. The CITY desires to install water mains, in order to provide infrastructure improvements, within certain portions of the CITY'S public right -of -ways, which are legally described in Exhibit "A ", attached hereto and made a part hereof, hereinafter, sometimes described as the "PROJECT ". The CITY has requested that the Page 2 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 DEPARTMENT render water service to the PROJECT and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. Other properties may be added accordingly by an addendum to this Agreement. 2. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees that any right to connect the PROJECT to the COUNTY'S sewer system is subject to the terms, covenants and conditions set forth in the Settlement Agreement between the Florida Department of Environmental Protection (DEP) and the COUNTY dated July 27th, 1993, the First Amendment to Settlement Agreement between DEP and the COUNTY dated December 21, 1995, the First Partial Consent Decree and the Second and Final partial Consent Decree United States of America Environmental Protection Agency (EPA) vs. Metropolitan Dade County (Case Number 93 -1109 CIV- Moreno), as currently in effect or as amended or modified in the future agreements and all other current, subsequent or future agreements, court orders, judgments, consent orders, consent decrees and the like entered into between the COUNTY and the United States, State of Florida or any other governmental entity, and all other current, subsequent or future enforcement and regulatory actions and proceedings. 3. PROVISION OF SERVICE AND CONNECTION CHARGES. The PROJECT consists of existing and vacant commercial properties, which are currently being served with inadequate water mains. The CITY proposes to install and connect adequate water mains within the PROJECT. In order for each property to connect to the existing Page 3 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 and /or proposed water mains, each property owner shall pay water and sewer connection charges to the DEPARTMENT for new construction, additions, remodeling and change of usage of the property. Furthermore, each properly owner shall execute a covenant running with the land, in favor of the COUNTY, acknowledging that water and sewer service to the property will be conditioned upon the terms and conditions of this Agreement, prior to the rendering of water and /or sewer service by the DEPARTMENT. Said covenant will include language whereby the property owners will acknowledges this Agreement and will agree to perform the water requirements specified herein, if the CITY fails to do, and agrees to forfeit its water service if said requirements are not done. Furthermore each property owner shall hold the COUNTY and the DEPARTMENT harmless in accordance with paragraph twenty -one (21) herein. The connection charges are based on the average daily gallons per day for the various building units and /or use as shown on Exhibit "B" attached hereto and made a part hereof, multiplied by the applicable rates established by the COUNTY. Water and sewer connection charges shall be calculated at the rates in effect at the time of actual connection to the COUNTY'S water and /or sewer systems and shall be paid by each property owner, prior to the DEPARTMENT'S installation of water meters and /or the rendition of sewer service to the connecting property. 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 charges rates are subject to revision at any time. Page 4 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 4. POINTS OF CONNECTION. The COUNTY owns and operates a twenty (20) inch water main located in Sunset Drive (a /k/a S.W. 72 Street), between Red Road (a /k/a S.W. 57 Avenue) and U.S. 1, from which the CITY shall install and connect a twelve (12) inch water main southerly in S.W. 57 Avenue, S.W. 57 Court, S.W. 58 Avenue, S.W. 58 Court and S.W. 59 Avenue, between S.W. 72 Street to S.W. 74 Street, thence westerly in S.W. 73 Street, from S.W. 57 Avenue to U.S. 1, and in S.W. 74 Street, from S.W. 57 Avenue to S.W. 62 Avenue. Other points of connection may be established subject to approval of the DEPARTMENT. 5. CONDITIONS TO SERVICE. The COUNTY'S obligation to provide water and /or sewage disposal service under this Agreement to the properties within the PROJECT, will be conditioned upon the completion, proper conveyance to the COUNTY and placement into service of water mains facilities to be constructed under this Agreement. The completion by the CITY and acceptance by the COUNTY of the aforesaid facilities is a condition precedent to any duty of the COUNTY to provide water and /or sewer service for the PROJECT. The CITY will issue building permits and certificate of occupancy to the property owners, within the PROJECT, prior to the installation of the water facilities specified herein. However, the CITY hereby recognizes that the existing water mains within the PROJECT may not comply with current COUNTY'S fire -flows code. It is likely that an adequate water supply for fire flows will not be available for the properties within the PROJECT, until the CITY completes the installation of said water facilities, specified herein. At all times, the COUNTY'S obligation to provide adequate domestic and Page 6 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 fire flow water supply for the properties within the PROJECT, is conditioned upon the availability of such adequate supply from the installation and completion of said water mains by the CITY. 6. 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 facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines, service connections, service lines, shutoffs, meter boxes, 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 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. 7. INSPECTION. The design and construction of facilities to be owned by the COUNTY shall conform to the COUNTY standards and regulations. 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 Page 6 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 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 any responsibility for the quality and condition of materials and workmanship. 8. 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. a 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. 10. 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. 11. 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 Page 7 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though 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 and /or its contractor, shall provide sufficient security as acceptable to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions, judgements, 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 resolve any and all claims, by the permittor, within sixty (60) days. 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. 12. SERVICE LINES. If any of the water service lines required for the PROJECT are connected directly to existing mains owned by the COUNTY, those service lines will be installed by COUNTY personnel. The CITY hereby agrees to pay to the COUNTY its standard service line installation charge prior to any such installation. 13. OWNERSHIP OF WATER METER. The COUNTY shall provide, own and install the required water meter at its own expense as a part of any water service installation. Ownership by the COUNTY shall terminate at the outlet side of each water meter. Page 8 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 14, CONDITIONS TO SERVICE. In addition to the covenants and conditions set forth herein, water service to be rendered by the COUNTY is subject to the availability of water by the COUNTY. However, the COUNTY'S obligation to supply water capacity shall dependent on the availability of the water resource and the various restrictions placed on the supply of water by local, state and federal government agencies and the physical limitations on the COUNTY'S supply capacity. 15. 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. 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 PROJECT. 16. CONNECTION BY OTHERS. Persons other than the CITY who own property, which abuts any water main installed within the PROJECT, pursuant to this Agreement, may apply to the COUNTY for connections to said water main. If said persons actually connect, the COUNTY will collect a construction connection charge equal to thirty dollars ($30.00) for water main, multiplied by the front foot length of the connecting property which abuts the water main as measured along the route of the main. The COUNTY will collect construction connection charges, if the connection is a service Page 9 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 connection or the sole water main connection to serve the connecting property or an additional water main connection required in order to provide adequate service for the connecting property. Said construction connection charges will not be required or collected from other persons for single family residences occupied or under construction prior to the date of this Agreement. Said construction connection charges shall be repaid to the CITY by the COUNTY within ninety (90) days of receipt of same. However, the COUNTY'S liability for repayment to the CITY shall be limited to those amounts actually collected from others. This provision shall remain in effect for a period of twelve (12) years from the date of the bill of sale for the water main constructed by the CITY. Per annum simple interest will accrue on all construction connection charges from the date of the CITY'S bill of sale at the rate authorized by Section 687.01, Florida Statutes, as revised from time to time, until time of payment by the connecting person. It shall be the CITY'S responsibility to provide the COUNTY with current mailing addresses during the twelve (12) year period. 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 details for all conveyances are specified Page 10 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 hereinabove. Failure of the CITY to provide proper conveyances shall be cause for the COUNTY to refuse to render service to the PROJECT. 18. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents, which may include bills of sales, releases of liens and grants of easements 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, to any property within the PROJECT, by the COUNTY. These conveyances shall be accompanied by copies of paid bills and /or lien waivers, releases, or satisfactions from all persons who performed work on PROJECT 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 four (4) 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 11 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 19. WARRANTY AND MAINTENANCE BOND. The CITY warrants that the water facilities to be owned by the COUNTY shall be free from defects in materials and workmanship for a period of one (1) year from final acceptance by the COUNTY. Simultaneously with the conveyance ofthe water and /or sewer facilities, the CITY shall deliver to the COUNTY an executed maintenance bond, 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 Percentage of Actual Construction Cost Ductile iron water mains 99 The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY and which is authorized to write bonds of such character and amount under the laws of the State of Florida. A surety company must have a Best's Key Rating Guide, General policy holders rating of "A" or better and a Financial Category of Class "V" or better is 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. Page 12 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 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 PROJECT 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. 20. TERMS 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 PROJECT shall commence on of before January, 2002, from the execution date of this Agreement. Page 13 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 Work shall be considered to have commenced when a full complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the construction of the water facilities throughout the day on each full working day, weather permitting. b. Once the CITY commences construction on the PROJECT, construction cannot be suspended, abandoned, or not in active progress for a period exceeding one hundred eighty (180) days. 21. 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 with judgements, settlements, 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, judgements, and attorney's fees which may issue thereon. The CITY, however, this indemnification shall only be to the extend and within the limitations of Section 768.28 Florida, Statutes, subject to the provisions of that Statutes whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgement by any one Page 14 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 person which exceeds the sum of one hundred thousand dollars ($100,00.00), or any claim or judgement or portions thereof, which, when totaled with all other claims or judgements paid by the CITY arising out of the same incident or occurrence, exceed the sum of two hundred thousand dollars ($200,000.00) from any and all personal injury or property damage claims, liabilities, losses or causes of actions which may arise as a result of the negligence of the CITY. 22. FORCE MAJEURE. Should either party be prevented from performing any obligations herein, including but not limited to water 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 the 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. Page 16 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 23. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full use of the water facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 24. 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 Environmental Resources Management or State of Florida Department of Health and Rehabilitative Services 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, judgements, 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 which result from failure to properly maintain and repair the water facilities. Page 16 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 25, 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. 26. 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 two (2) of this Agreement or addresses otherwise properly furnished. 27. 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. Page 17 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 IN WITNESS WHEREOF, the parties hereto have caused this instrument 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: tTft \iJiI07t117AN01 V1 Rick Herrera, P.E., Chief Utilities Development Division Miami -Dade Water and Sewer Department The foregoing instrument was acknowledged before me this day of 2000, by Rick Herrera, P.E., Chief, Utilities Development Division of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public Page 18 of 19 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 ATTEST: THE CITY OF SOUTH MIAMI, A FLORIDA MUNICIPALITY CITY CLERK STATE OF FLORIDA COUNTY OF MIAMI -DADE By: Julio Robaina, Mayor The foregoing instrument was acknowledged before me this (SEAL) day of 2000, by Julio Robaina, Mayor of The City of South Miami, who is personally known to me or and has /hasn't produced as identification and did /did not take an oath. Notary Public print name Approved for Sufficiency of Execution Only: Assistant County Attorney Page 19 of 19 Serial Number CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI- DADE COUNTY AND THE CITY OF SOUTH MIAMI PROJECT DESCRIPTION • SW 73RD STREET BETWEEN RED ROAD (SW 57TH AVE) AND US1 (SOUTH DIXIE HIGHWAY) • SW 571H AVE BETWEEN SUNSET DRIVE (SW 72 ST) AND SW 73rd STREET • SW 57TH COURT BETWEEN SUNSET DRIVE (SW 72 ST) AND SW 73rd STREET • SW 58TH AVE BETWEEN SUNSET DRIVE (SW 72 ST) AND SW 73`d STREET • SW 58TH COURT BETWEEN SUNSET DRIVE (SW 72 ST) AND SW 73rd STREET • SW 59TH AVENUE BETWEEN SUNSET DRIVE (SW 72 ST) AND SW 73`d STREET "A" 1 Of 1 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 EXHIBIT "B" OF AGREEMENT BETWEEN MIAMI- DADE COUNTY AND THE CITY OF SOUTH MIAMI SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY TYPES OF LAND USES Adult Congregate Living Unit / Residential Type Institution or Facility GALLONS PER DAY 100 gpd /person Airport 5 gpd /passenger plus 10 gpd /employee Apartment 200 gpd /unit Banquet Hall 25 gpd /seat Barber Shop 10 gpd /100 sq. ft. Bar and Cocktail Lounge 15 gpd /seat (stool) Beauty Shop 75 gpd /chair Bowling Alley 100 gpd /lane Camper or R.V. Trailer Park 150 gpd /space Car Wash a) Recycling -Type 750 gpd /bay b) Hand -Type 3,500 gpd /bay Coin Laundry 225 gpd /washer Country Club 25 gpd /member Dental Office 250 gpd /dentist plus 200 ood /wet chair Duplex or Twin Home Residence 250 gpd /unit Factory a) with showers b) without showers Food Preparation Outlet 20 gpd /100 sq. ft. 10 gpd /100 sq. ft. 50 gpd /100 sq. ft. (Bakeries, Meat Markets, Commissaries) (350 gpd minimum) Funeral Home 10 gpd /100 sq. ft. Gas Station /Mini -Mart Health Spa and Gym 35 gpd /100 sq. ft. Hospital 250 gpd /bed Hotel and Motel 100 gpd /room House of Worship 3 gpd /seat Kennel 30 gpd /cage Marina 40 gpd /boat slip Mobile Home Residence /Park 300 gpd /unit "B" 1 OF 2 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 TYPES OF LAND USES (continued) Motor Vehicle Service Station GALLONS PER DAY 10 gpd /100 sq. ft. Nursing /Convalescent Home 150 gpd /bed Office Building 10 gpd /100 sq. ft. Pet Grooming 10 gpd /100 sq. ft. plus 75 aDd /tub Physician Office 250 gpd /physician Public Park a) with toilets 5 gpd /person b) with showers and toilets 20 gpd /person Public Swimming Pool Facility 10 gpd /person Restaurant (Full- Service) 50 gpd /seat (350 gpd minimum) Restaurant (Fast -Food) 35 gpd /seat (350 gpd minimum) Restaurant (Take -Out) 50 gpd /100 sq. ft (350 gpd minimum) School a) Day care /Nursery b) Regular School c) with cafeteria, add d) with showers, add 5 gpd /student 10 gpd /student 5 gpd /student 5 gpd /student e) Teachers and Staff 15 gpd /person Shopping Center (dry uses) 5 gpd /100 sq. ft. Single Family Residence 350 gpd /unit Speculation Building /Industrial warehouse 20 gpd /1,000 sq. ft. Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc. 3 gpd /seat Storage or Mini - Warehouse 5 gpd /1,000 sq. ft. Store without food service 5 gpd /100 sq, ft. Theater a) Indoor Auditorium 3 gpd /seat b) Outdoor Drive -in 5 gpd /space Townhouse Residence 250 gpd /unit Veterinarian Office 250 gpd /veterinarian plus a) with kennels 30 gpd /cage Warehouse 20 gpd /1,000 sq. ft. LEGEND: gpd - gallons per day sq. ft. - square feet NOTES: 1) Sewage gallonage refers to sanitary sewage flow on unit basis for daily flow in gallons per day. 2) Condominiums shall be rated in accordance with the type of use. (i.e. apartment, townhouse, etc.) 'B "2OF2 CITY OF SOUTH MIAMI SYSTEM BETTERMENT (US 1 & RED ROAD), ID #17399 "C' 1 Of 1 DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenant, made and entered this day of 200_, by [developer or property owner name], [entity? a Florida corporation, an individual, as individuals], hereinafter [collectively] designated as the "Property Owner ", whose mailing address is: [mailing address], and by (the person(s) leasing the property from the Property Owner, if applicable), hereinafter designated as the "Lessee ", whose mailing address is: (mailing address), to Miami- Dade County, a political subdivision of the State of Florida, its successors and assigns, hereinafter designated as the "COUNTY ", whose mailing address is: c/o Miami -Dade Water and Sewer Department, 3575 S. LeJeune Road, Miami, Florida 33146 -2221; WITNESSETH WHEREAS, the Property Owner is the fee simple owner of the real property legally described in Exhibit "A ", attached hereto and made a part hereof, hereinafter referred to as the "Property", and WHEREAS, Miami -Dade Water and Sewer Department, hereinafter designated as the "Department ", operates the water and sewer systems for the COUNTY, and WHEREAS, the Property Owner and/or the Lessee desire to connect the Property to the COUNTY'S water and sewer systems, and Page 1 of WHEREAS, the Department has required the Property Owner to install a twelve (12) inch water main in S.W. , along the entire boundary of the Property, MI WHEREAS, the City of South Miami ( "CITY "), entered into an agreement with the COUNTY to install and connect water mains, including a twelve (12) inch water main abutting the Property, and WHEREAS, the Property Owner and/or the Lessee, has requested that the Department defer the requirement of said twelve (12) inch water main in S.W. , based on the COUNTY agreement with the CITY, and WHEREAS, the Property Owner and /or the Lessee desire to utilize this Covenant to grant the COUNTY assurance that said twelve (12) inch water main will be installed by the Property Owner and /or the Lessee, in the event that the CITY fails to installed said water main by January, 2002, and NOW THEREFORE, in consideration of the COUNTY premises set out, the Property Owner and /or the Lessee hereby convey and agree as follows: 1. The Property Owner and/or the Lessee shall design, install and connect a twelve (12) inch water main in S.W. along the entire boundary of the Property, prior to the Department issuing of a Verification Form (a/k/a Plumbing Section Form) to allow any new and /or additional construction, including but not limited to additions and re- modeling to the existing structure within the Property, and/or in the event that the CITY fails to installed the twelve (12) inch water main by January, 2002, as specified in the Page 2 of agreement between the COUNTY and the CITY. The twelve (12) inch water main shall be designed and installed by the Property Owner and /or the Lessee, in accordance with the Department's current standards requirements and specifications for the installation of water facilities. The design, installation, and connection of the twelve- (12) inch water main, including all appurtenances for a complete installation, shall be the sole responsibility of the Property Owner, and/or the Lessee. 2. The CITY may issue building permits and certificate of occupancy to the Property, prior to installation of the water main in S.W. , by the CITY or the Property Owner and /or the Lessee. However, the CITY, Property Owner and the Lessee, hereby recognize that the existing water mains within the Property, may not comply with current COUNTY'S fire -flows code and there is a possibility that that an adequate water supply for fire flows will not be available for the Property, until said twelve (12) inch water main is installed, as specified hereinabove. At all times the COUNTY'S obligation to provide adequate domestic and fire flows water supply for the Property is conditioned upon the availability of such supply from the existing water mains until the proposed twelve (12) inch water main is installed. shall pay a contribution for its pro -rata share for the Property, within sixty (60) days of written notice from the Department. If the Property Owner fails to pay its pro -rata share, as specified herein, the COUNTY, shall have the right to pursue all available legal and Page 3 of equitable remedies, including but not limited to termination of water service to the Property. 3. In the event that the CITY installed the twelve (12) inch water main along the boundary of the Property, the Property Owner and /or the Lessee may be required and; hereby agrees to pay the COUNTY a water construction connection charge equal to thirty dollars ($30.00) per front foot of the Property, which directly abuts said main. Per annum simple interest, at the rate of twelve percent (12 %) as authorized by Section 687.01, Florida Statues, which are revised from time to time, will accrue on the construction connection charges from the date of the bill of sale for the proposed water main to be installed by the CITY, to the date of payments by the Property Owner and /or the Lessee. The Property Owner and/or the Lessee shall pay said construction connection charges and interest, within sixty (60) days of written notification from the Department. If the Property Owner and /or the Lessee fail to pay the construction connection charges and interest, as specified herein, the COUNTY, shall have the right to pursue all available legal and equitable remedies, including but not limited to termination of water and sewer service to the Property. 4. The Property Owner does hereby warrant that it has good title to the Property and that it has full power and authority to grant this Covenant. With the execution of this Covenant, the Property Owner and /or the Lessee at its own expense, shall deliver to the COUNTY an opinion of title for the Property, Page 4 of written by a qualified attorney, licensed to practice law in the State of Florida, which states that the Property Owner owns fee simple title to the Property. 4. The Property Owner and/or, the Lessee 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 Covenant by the Property Owner and/or the Lessee or its employees, agents, servants, partners principals, contractors and/or subcontractors. The Property Owner and /or the Lessee 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, judgements, and attorney's fees which may issue thereon. The Property Owner and the Lessee expressly understand and agree that any insurance protection required by this Covenant or otherwise provided by the Property Owner and /or the Lessee 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. 5. It is expressly agreed that this Covenant made herein shall be binding upon the Property Owner, and the Lessee their heirs, grantees successors in interest or Page 6 of assigns, and shall be a condition implied in any conveyance or other instrument affecting title of the Property or any portion thereof. 6. It shall be the Property Owner's and /or the Lessee's responsibility to provide the COUNTY with its current mailing address. 7. All notices given pursuant to this Covenant shall be mailed by United States registered or certified mail to the parties at the addresses specified on Page 1 of this Covenant or addresses otherwise properly furnished. 8. This Covenant is being recorded in the Public Records of Miami -Dade County, Florida, for the particular purpose of placing all owners or occupants; their successors and assigns, upon notice of the provisions herein contained. 9. The Property Owner and/or the Lessee shall pay all recording fees. Page 6 of CITY COMMISSION Julio Robaina, Mayor Horace G. Feliu, Vice-Mayor Mary Scott Russell David D. Bethel Randy G. Wiscumbe CITY OF SOUTH MIAMI i QTY OF SOUTH Ivt1AMI CENTRAL BUSINESS DISTRICT MASTER PLAN August 1, 2000 CORZO CASTELLA CARBALLO THOMPSON SALMAN Architects • Engineers • Planners 901 Ponce de Leon Boulevard, Suite 900 Coral Gables, Florida 331M Telephone No. 305.4452900 MIAMI SOUTH CENTRAL BUSINESS DISTRICT del: a� -Ins /.� STREEf SECTION ( STREET SECTION Oa •� 06 S d; rt G N N N N N N N N N N N T D S D S 4 d N O n .rt`1 m 0, D D O N Q mO O tH EA bi W En n w H n m Q Q Z co cq D n vi o w m -0 N 0 N N O rn O w N N n m N Z "{ q 0 0 °o z K 0 °0 0 0 0 0 0 � m m0 O 31 gy.pp' .n u� u+ cn o» w <n Fn cn �7 xi n O O Z Z m 0°0 °0 °0 0 0 °0 °o °0 °0 °o ° m O o m m nC) p N N n v> vi ve ea sn a �+ 9 n 0 W W ° N W fNll (Nl� V. A 1 T 'O °0 °0 °° S °o °0 °0 °o 0 0 ° ° m Z Q Sm O 0 O O O o 0 m z N K c p rn zv Z d, d, m Co '180 o g °� V° o o �mvn C o ° ° °0 0 0 °o 0 0 0 °0 0 m j D 0 0 0 0 0 0 0 0 0 0 r— c -Di Z MEND O D O �» to w to <» cfl V w w w w N fA M z N �{ w o w 0 fn 0 0 0 0 0 0 ° 0 0 0 0 9m�mn pC • • • • ♦ . ♦ • 0 • �g�� ICmI n nO 9Z �pp mm m� o D�1 N —N A A A OD N W lJ - A 67 l -D N Z N O O O °o ° - O 0 O °°- O ° 0 0 n MO m m 0 0 0 ° z n Q M m mm m C) e oZ rn m 0 y0i e' w e' " 8 o o O m 0 °o 0 0 0 O 0 0 0 0 m� m D z m 0 r v Mm �a O N V ?p 0 O m O 0 O O O O O O O 0 O 0 O 0 m m 0 0 0 0 0 m vi � O 0 o p o 0 b o 0 0 'a r ;N 00 0 ° 0 0 0 0 0 0 0 O O 0 O 0 0 ° ° -i m �7 O N O O � Q bi � W Q m O NO O 4tm0 1 A N N 0 N V A N O W t° 0 0 ° S ° ° D 0 ° m 0 0 0 0 0 0 0 o r ® POTENTIAL FUNDING SOURCES CITY OF SOUTH MIAMI SOURCE MAXIMUM FUNDING GRANTS I! (D FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION ENHANCEMENT PROGRAM �2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SURFACE WATER RESTORATION GRANT PROGRAM 3O FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTEWATER RESTORATION GRANT PROGRAM ® FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY BEAUTIFICATION COUNCIL GRANT PROGRAM O5 ENTERPRISE FLORIDA ECONOMIC DEVELOPMENT ,. TRANSPORTATION FUND © FLORIDA DEPARTMENT OF TRANSPORTATION INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT LOCAL AGENCY PROGRAM O7 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY SUSTAINABLE DEVELOPMENT CHALLENGE GRANT PROGRAM. ® FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SECTION 319 NONPOINT SOURCE MANAGEMENT IMPLEMENTATION GRANT PROGRAM 9O UNITED STATES ECONOMIC DEVELOPMENT AGENCY PUBLIC WORKS AND DEVELOPMENT FACILITIES PROGRAM $35 TO $40 MILLION ANNUALLY: $1 MILLION CAP FOR INDIVIDUAL GRANTS NO CAP ON INDIVIDUAL GRANTS NO CAP ON INDIVIDUAL GRANTS $1.5 MILLION TOTAL AVAILABLE FUNDING: NO CAP ON INDIVIDUAL GRANTS $2 MILLION CAP FOR INDIVIDUAL GRANTS VARIES BY DISTRICT ANNUALLY $4.7 MILLION TOTAL AVAILABLE FUNDING FUNDING RANGE FROM $3.5 MILLION TO $8 MILLION ANNUALLY $178 MILLION TOTAL AVAILABLE FUNDING: $886,000 I AVERAGE FUNDING FOR INDMDUAL GRANTS II BONDS STATE OF FLORIDA POLLUTION CONTROL BOND PROGRAM $300 MILLION TOTAL AVAILABLE FUNDING III DIRECT REQUEST FOR FUNDS MIAMI -DADE COUNTY COMMISSION NO CAP FLORIDA LEGISLATURE - NO CAP UNITED STATES CONGRESS NO CAP IV LOANS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE REVOLVING LOAN PROGRAM FOR WASTEWATER TREATMENT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE REVOLVING LOAN PROGRAM FOR STORMWATER IMPROVEMENTS TRADITIONAL BANK LOANS SPECIAL TAXING DISTRICT OR GENERAL FUND FUNDING $100 MILLION TOTAL AVAILABLE FUNDING