Res. No. 167-01-11315RESOLUTIONNO.167-01-1131 5
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
AGREEMENT WITH MIAMI-DADE COUNTY AND THE CITY OF
SOUTH MIAMI FOR WATER AND SANITARY SEWER FACILITIES
FOR THE MULTI-PURPOSE CENTER KNOWN TO MIAMI-DADE
WATER AND SEWER DEPARTMENT (MDWASD)AS MURRAY
PARK-PHASE II,ID#17688 PROVIDING AN EFFECTIVE DATE.
WHEREAS,theMayorandCity Commission oftheCity of SouthMiami wishes to
provide water and sewer services tothe multi-purpose center through Miami-Dade Water
andSewerDepartment;and,
WHEREAS,theCityshallconnecttoMDWASD'stwelve(12)inch watermain locatedat
SW 68th Street and Commerce Lane and extend service tothe Muti-purpose center as
indicated in Section 5,Points of Connection,of the agreement;and,
WHEREAS,theCityshallconnecttoMDWASD's8-inchgravitysewermainabutting
thepropertyonboththesouthernandwestern boundaries andextendservicetotheMuti-
purposecenterasindicatedinSection5,Points of Connection,of the agreement;and,
WHEREAS,theCityintendtoconstructbuildingunits and/or usesintheMulti-purpose
centerforwhichthetotalaveragedailygallonage,perMDWASDestablishedrates,is
fourthousandfivehundredninety-eight(4,598)gallons,resultingincombinedwaterand
sewerconnectionchargesintheamount of thirty-twothousandonehundredforty-two
dollarsandseventy-fivecents($32,142.75)tobepaidbythecity;and,
WHEREAS,theCityintendtopaytheconnectionfeeandapplicabledocuments
recordingfeesfromtheSafe Neighborhood Bondfundsallocatedfortheproject;and,
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section 1.The City Manager is authorized to enter into an agreement with
Miami-Dade County for Water and Sewer Facilities tothe Multi-purpose Center.
Additionsshownbyunderlininganddeletionsshownby ovorstriking.
Section2.Thattheattachedagreement,AgreementforWaterandSanitary
SewageFacilitiesbetweenMiami-DadeCountyandTheCity of SouthMiami,bemadea
part of the resolution.
Section 3.This resolution shalltake effect immediately upon approval.
PASSED AND ADOPTED this 6thday of November 2001.
ATTEST:
READ AND APPROVED AS TO FORM:
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
ss^T/<&^74^
CITY ATTORNEY
Page 2 of2
Res.#167-01-11315
5-0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
INTEROFFICE MEMORANDUM
To:Ronetta Taylor,City Clerk
From:SubrataBasu,CRA/Development Directt
Subject:Correction of funding source/Resolution No.167-01-11315
Date:07/15/03
Cc:Hakeem Oshikoya,Finance Director;Ajibola Balogun;Public Works
Director
Ronetta:
Please make a note for the Resolution number 167-01-11315.The resolution,which was
approved in November 6,2001,indicated thefundsforthe water connection feestobe
charged to Safe Neighborhood Fund.Based onthe actual expenditures andthe project
costs,the funding forthe connection feeforthe Multipurpose Center isnow appropriated
through US EPA STAG fund (account number 001 -0000-132-2061.This funding isfor
infrastructure construction including potable water related improvements and as such is
an allowable expenditure of this grant fund.Thank youand please callme if you have
any questions.
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission Date:October 26,2001
Agenda Item #§0
From:Charles D.Scurr f\Comm Mtg.11-06-01
City Managers I g^jj^t Re:Authorization to execute Agreement for
Mm mw mm ^——J ^^^II/a^am am/I Cami^amf WAnrAif 17aabIi^«aa >«t*i>L
ity Manager/
C*J*Water and Sanitary Sewer Facilities with
Miami-Dade County for the Multi-purpose
Center
REQUEST:
ARESOLUTIONOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOFSOUTH MIAMI,
FLORIDA,RELATING TO AGREEMENT WITH MIAMI-DADE COUNTY AND THE CITY OF
SOUTH MIAMI FOR WATER AND SANITARY SEWER FACILITIES FOR THE MULTI-PURPOSE
CENTERKNOWNTO MIAMI-DADE WATERANDSEWER DEPARTMENT (MDWASD)AS
MURRAY PARK-PHASE II,ID #17688 PROVIDING AN EFFECTIVE DATE.
BACKGROUND:
Asyou know,theCityisinthe Design development phaseofthe Multi-purpose Center.Inan
effort to commence construction nextyearand provide needed waterand sanitary sewer services
to project site,weare required to execute the attached agreement with Miami-Dade County.
Withthe agreement,Miami-Dade Water and Sewer Department willprovidetheCitywithan
averagedailywaterusageof,fourthousand five hundredninety-eightgallons(4,598)and
sanitary sewer service.In return,weare required to extend the watermain tothe project siteand
connect thewaterandsewer services for thirty-two thousand one hundred forty-two dollarsand
seventy-five cents ($32,142.75)connection fee.The connection feesandall applicable feeswill
bepaidthroughtheSafeNeighborhoodParksBondfunds.
RECOMMENDATION:
Itis recommended that the City Commission approve the funding for the work tobe performed.
ATTACHMENTS:
•Proposed Resolution
•Copy of Agreementwith Miami-Dade County
MURRAY PARK-PHASE II,ID#17688
AGREEMENT
FOR
WATER AND SANITARY SEWAGE FACILITIES
BETWEEN
MIAMI-DADE COUNTY
AND
THE CITY OF SOUTH MIAMI
This instrument prepared by:
Clementine Sherman
New Business Administrative Officer II
Utilities Development Division
Miami-Dade Water and Sewer Department
3575 S.LeJeune Road
Miami,Florida 33146-2221
MURRAY PARK-PHASE II,ID#17688
THIS AGREEMENT,made and entered into at Miami-Dade County,Florida,
this day of _,2001 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 TheCityofSouth
Miami,a Florida municipality,hereinafter designated as the "CITY",whose mailing
address is:6130 Sunset Drive,South Miami,Florida 33143.
WIINESSEIH:
WHEREAS,the CITY desires water and sewer service tobe rendered to property
owned by the CITY,and
WHEREAS,the Miami-Dade Waterand Sewer Department,hereinafter,
designated asthe "DEPARTMENT",operates the water and sewage systems owned by
the COUNTY.
NOW,THEREFORE,inconsiderationofthemutual covenants entered into between
thepartiesheretotobe made andperformedandinconsiderationofthebenefitsto accrue
toeachofthe respective parties,it is covenanted andagreedtoas follows:
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MURRAY PARK-PHASE II,ID#17688
1.CITY'S PROPERTY.The CITY owns a certain tract of land in Miami-Dade
County,Florida,whichislegally described in Exhibit "A"attached hereto and made a part
hereof,hereinafter,sometimes described as the "CITY'S property".The CITY has
requested that the DEPARTMENT render water and sewer service to the CITY'S property
and the COUNTY agrees todo so subject to the terms,covenants and conditions
contained herein.
2.CITY ACKNOWLEDGMENT.The CITY hereby acknowledges and agrees
that anyrightto connect the CITY'S property to the COUNTY'S sewer system is subject to
the terms,covenants and conditions set forthin the Settlement Agreement between the
Florida Department of Environmental Protection,hereinafter,designated as the "DEP",
and the COUNTY dated July 27,1993,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 vs.Metropolitan Dade County (Case Number 93-
1109 CIV-Moreno),as currently in effect or as amended or modified in 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 and/or any other governmental entity,and all other current,
subsequent or future enforcement and regulatory actions and proceedings.
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MURRAY PARK-PHASE II,ID#17688
3 PROVISION OF SERVICE AND CONNECTION charts 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.
The connection charges are based on the average daily gallons for the various building
units and/or use as shown on Exhibit "B"attached hereto and made a part hereof,
multiplied by the applicable rates established by the COUNTY.The CITY intends to
construct ten thousand six hundred thirty-nine (10,639)square feet of fitness space,three
thousand four hundred four (3,404)square feet of office space,eight hundred sixty-eight
(868)square feet of mini-storage space,a sixty (60)seat banquet hall,and one hundred
forty (140)square feet of kitchen space.Therefore,the agreed average daily gallonage is
four thousand five hundred ninety-eight (4,598)gallons,resulting in combined water and
sewer connection charges in the amount of thirty-two thousand one hundred forty-two
dollars and seventy-five cents ($32,142.75).However,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 sewer systems and shall be paid by the CITY prior to the
DEPARTMENT'S installation of awater meter and/or the rendition of sewer service to the
CITY'S 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 charge rates are subject
torevisionatanytime.
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MURRAY PARK-PHASE II,ID#17688
4-OTHERUSESON THE PROPERTY.If the CITY intendstoconstruct
building units and/or uses on the CITY'S property for which the total average daily
gallonageascalculatedby using Exhibit"B"attachedhereto will increasethetotal
average daily gallonage specified hereinabove,additional capacity will be required.
Therefore,connection charges,computed at prevailing rates;capacity allocation,if
available,and construction connection charges,if any,shall be increased accordingly by
an addendum to this Agreement.If applicable,the CITY shall provide the COUNTY a list
of all tenants prior tothe installation of any domestic water meters by the COUNTY for the
CITY'S property.
5.POINTS OF CONNECTION.The COUNTY owns and operates a twelve (12)
inch water main locatedatS.W.68StreetandCommerceLane,from which the CITY shall
install and connect a twelve (12)inch water main,westerly in S.W.68 Street approximately
three hundred fifty (350)feet,thence install and connect a twelve (12)inch water main,
northerly to S.W.66Streetandtobe interconnected tothe existing six (6)inch water main
in S.W.66 Street.Any other future construction within the park will require a twelve (12)
inch water main extension,from theproposed twelve (12)inch watermaintobelocated
within theparktoS.W.58Place.Any proposedwatermain extensions within the CITY'S
property,shallbe twelve (12)inches minimum in diameter with two(2)pointsof
connection.The COUNTY also owns andoperatesan eight (8)inch gravity sewer main
locatedatS.W.68StreetandS.W.58Place abutting thesouthernandwestern
boundaries,respectivelyofthe CITY'S property,from which the CITY shall connect the
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MURRAY PARK-PHASE II,ID#17688
CITY'S property,provided that there issufficient depth and that there are no obstacles
whichwould preclude constructionofthesewer.Any proposed gravity sewer main
extensions within the CITY'S property shallbe eight (8)inches minimum.Other points of
connection may be established subject to approval of the DEPARTMENT.
6.DESIGN AND CONSTRUCTION OF FACILITIES.The CITY at its own cost
and expense shall cause tobe designed,constructed and installed allof the necessary
water and sewer facilitiesprovidedforinthis Agreement unless otherwise specified.The
facilities shallincludeanyandall water mains,valves,fittings,fire hydrants,firelines,
service connections,service lines,shutoffs,meter boxes,air release valves,gravity sewer
laterals,manholes,and all appurtenances thereto fora complete installation.The final
design and construction of the facilitiesshall meet the requirements set forthin the latest
revisionof the DEPARTMENT'S "Rules and Regulations"for water and sewer service;
shallbein accordance with the latest revisionof 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 ofall the construction
work performed by the CITY under the terms ofthis Agreement including private facilities
notto be conveyed to the COUNTY.Such inspections shall not be construed to constitute
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MURRAY PARK-PHASE II,ID#17688
any guarantee onthepartofthe COUNTY astothe quality and condition ofmaterialsand
workmanship.Any inspections by the DEPARTMENT shall not relieve the CITY of any
responsibility for proper construction ofsaid facilities in accordance with approved plans
and specifications.Furthermore,any inspections bythe DEPARTMENT shallnot relieve
the CITY of any responsibility for the quality and condition of materials and workmanship.
8-TESTS.During construction and atthe time when various testsare required,
the COUNTY'S engineeror its authorized representative,together with the CITY'S
engineer and contractor,shall jointly be present to witness tests for determination of
conformance with approved plansand specifications.The CITY shall notify the COUNTY a
minimumof twenty-four (24)hours in advance of the tests.
9.CONSTRUCTION MEETINGS.The COUNTY reservesthe right toschedule
construction meetings with the CITY'S representatives (Engineer,Project Manager,
Construction Superintendentandothers)ataplacedesignatedbythe COUNTY with
respect toproject related matters upontwenty-four(24)hoursnotice.
10.APPROVALS AND PERMITS.The CITY shallbe fully responsiblefor
obtaining all required approvals from all appropriate governmental and regulatory agencies
and all necessary permitsfor all facilities contemplated in thisAgreement.
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MURRAY PARK-PHASE II,ID#17688
11.COUNTY AS PERMITTEE.Certain federal,state and county agencies,
including but not limitedto the State ofFlorida 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'S contractor will actually perform the work,
pursuant to such permits to the extent,and as provided by Florida Statue Section 768.28
to insure that the COUNTY will incur no costs orliability 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
priorto the start of construction and shall be in an amount equal to the COUNTY'S cost
estimate for the permitwork.The CITY shall have sixty(60)days to resolve any claimsby
apermittor.Otherwise,the DEPARTMENT shallbeentitledto pay said claimsfrom the
security.The CITY shall be liableforall costs in excess of the security.
12.WATER SERVICE LINES.Any water service linestwo(2)inches in
diameteror less thatarerequiredforthe CITY'S property which will bedirectly connected
toexisting mains owned bythe COUNTY,shallbeinstalledby COUNTY personnel only.
The CITY hereby agrees to pay to the COUNTY its standard water service line installation
charge,permit fees and service fees priortoany such installation.
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MURRAY PARK-PHASE II,ID#17688
13.OWNERSHIP OF WATER METER.The COUNTY shallprovide,own and
installtherequiredwatermeteratitsown expense as apartofanywater service
installation.Ownership by the COUNTY shall terminate at the outlet side of each water
meter.
14.TREATMENT AND TRANSMISSION CAPACITY.In addition to the
covenants and conditions set forthherein,water and sewer service to be rendered by the
COUNTY is subject to the following:
a.issuance ofavalid operation permitby the State ofFloridafor the
COUNTY'S sewage treatment facility serving the CITY'S property which
allows additional connections,
b.sufficient available capacity inthe COUNTY'S sewage system and
connection approval,as specified in paragraph two(2)herein,
c.available water by the COUNTY.
However,inno event will the COUNTY be obligated to supply any more water or sewage
treatment capacity in any one year than is called forby 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 providedforin
Exhibit "C"shall be subject to the writtenapprovaland consent of the DEPARTMENT and
shall be dependent on the availabilityof the water resource and the various restrictions
placed onthesupplyof water orthe disposal of sewage bylocal,state and federal
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MURRAY PARK-PHASE II,ID#17688
government agencies andthe physical limitationson the COUNTY'S supply and treatment
capacity.If the CITY does notutilize the yearly amount of water or sewage treatment
facility allocation specified in Exhibit "C",said amount will be available to the CITY in the
next calendar year subject to the limitations andprovisions specified herein.
15.ALLOCATION OF CAPACITY.The COUNTY agrees to include the
aforesaid allocationinitsregionalwatersupply,productionand transmission facilitiesand
regional sanitary sewer system,oncethe CITY isgranted necessary sewer allocation,as
specifiedinparagraphtwo (2)hereinabove.However,itis mutually agreedandunderstood
bythe COUNTY andthe CITY thattheallocationofcapacitybythe COUNTY does not
guarantee the ability ofthe COUNTY tosupplywaterforthe CITY'S propertyorthe ability
toreceiveand dispose of sewage originating from the CITY'S property.Capacityallocation
issubjectto local,state andfederal agencies andotherregulatorybodies having
jurisdiction.In connection therewith,the CITY agrees thatthe COUNTY shallnotbe liable
or in anywayresponsibleforanycosts,claims orlosses incurred bythe CITY asaresultof
actions byregulatory bodies,which are relatedto capacity allocation.
16.FACILITIES EASEMENTS.If the facilities contemplated herein or any
portion thereofare installed within private property outsideof public right-of-way,the
facilities shall be installed in the center ofa twelve (12)foot wide easement for water
facilitiesandfifteen (15)footwide easement for sewer facilities.If the facilities are not
locatedinplatted easements,then easements shallbe granted to the COUNTY by the
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MURRAY PARK-PHASE II,ID#17688
CITY prior to the COUNTY'S installation ofa water meter and/or the rendition of sewer
service to the CITY'S property.
17.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 outside of the CITY'S property pursuant tothis Agreement,mayapplyto the
COUNTY for connections to said water main.Ifsaid parties actually connect,the COUNTY
will impose a construction connection charge equal tothirty dollars ($30.00)for the twelve
(12)inch water main,multipliedby the frontfoot length of the connecting property which
fronts 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 mainis
required,in accordance with guidelines and criteria established by the DEPARTMENT,in
order to provide adequate service for the fronting property.Said construction connection
charges will not be required or collected from other parties for single family,residences
occupied or under construction priorto the date of this Agreement.The COUNTY shall
repay said construction connection charges to the CITY within ninety (90)days of receipt of
same.However,the COUNTY'S liabilityfor repayment to the CITY shall be limitedto those
amounts actually collected from others.This provision shall remain in effect foraperiodof
twelve(12)years from the date of the absolute bill of sale for the water mainfacilities
constructed by the CITY.Per annum simple interest as established and authorized by
Section 687.01,Florida Statutes will accrue onall construction connection charges from
the date of the absolute bill of sale for the water mainfacilities constructed by the CITY to
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MURRAY PARK-PHASE II,ID#17688
the date of payment by the connecting party.The interest rate used shall be the rate
established by Section 687.01,Florida Statutes at the time of payment by the connecting
party.Itshall be the CITY'S responsibility toprovide the COUNTY with current mailing
addresses during the twelve (12)year period.
18.CONVEYANCE OFTITLE.Conveyance ofall easements title shall be by
separate instruments in recordable form as approved bythe COUNTY andshallbe
accompanied byawrittenopinion of titlebyan attorney licensedtopracticelawin the State
ofFloridawhich states that the CITY is the owner of the property interest to be conveyed,
subject onlytoliens,encumbrances andrestrictions as are acceptable to the COUNTY.
Theopinionshallalso state that uponexecutionbythe CITY,a valid and enforceable
easement will be vested to the COUNTY.The CITY shall pay forall recording fees and for
all documentary stamps.The details forall conveyances are specified hereinabove.
Failureofthe CITY toprovide proper conveyances shallbe cause forthe COUNTY to
refuse to render service to the CITY'S property.
19.DRAWINGS AND CONVEYANCE DOCUMENTS.Following completion of
thewaterandsewer facilities contemplatedhereinfor COUNTY ownership,the COUNTY
shall provide conveyance documents,which may include bills ofsales,releasesof liens
andgrantsof easements for execution by the CITY.The properly executeddocuments
shallbe delivered toandacceptedbythe COUNTY prior tothe rendition ofwaterand
sewer service by the COUNTY.The CITY shall pay for all recording feesand for all
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MURRAY PARK-PHASE II,ID#17688
documentary stamps.These conveyances shall be accompanied by copies,of paid bills
and/or lien waivers,releases,or satisfactions fromall persons who performed work on
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 ofmylar as-built drawings showing specific locations and depths
among other things,ofallfacilities as located bya licensed surveyor,along withfour(4)
printsof the as-built drawings which have been sealed bya surveyor and certified by the
engineer of record.Approvalby the COUNTY ofallrequired conveyance documents,
drawingsand survey specifiedhereinshallconstitute final acceptance bythe COUNTY of
said facilities.Afterfinal acceptance,the facilitiesshall remain at all times the sole,
complete,and exclusive property of the COUNTY and under the exclusive control and
operation of the COUNTY.
20.WARRANTY AND MAINTENANCE BOND.The CITY warrants that the
water and sewer facilitiesto be owned by the COUNTY shall be free from defects in
materials and workmanship foraperiodof one (1)year fromfinal acceptance by the
COUNTY.Simultaneously with the conveyance ofthewaterand sewer facilities,the CITY
shall deliver to the COUNTY an executed maintenance bond,which guarantees the
warranty.If itbecomesnecessaryto repair and/orreplaceanyofthe facilities during the
initial one (1)year period,thenthe warranty astothose items repaired and/orreplaced
shallcontinuetoremainineffectforanadditionalperiodofone (1)year fromthe date of
final acceptance bythe COUNTY ofthoserepairsand/orreplacement.
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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
Water mains 25
Gravity sewer (laterals)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
General Policyholder's Rating of "A"or better and a Financial Category of Class "V"
or better or be acceptable to the COUNTY.The attorney-in-fact or other officer who signs
a bond must filewith such bonds a certified copy ofhis power-of-attorney authorizing him
todo so.The Maintenance Bond may be writtenwith 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 offinal
acceptance by the COUNTY ofthework done pursuant tothis Agreement to protect the
COUNTY against losses resultingfromanyandall defects in materials or improper
performanceof work.If there isno building constructionunderway within the CITY'S
propertyatthetimeof conveyance,the COUNTY shallhavetherighttorequirethatthe
term of the Maintenance Bond be extended foraperiodnotto exceed an additional two(2)
years.Upon demandbythe COUNTY,the CITY shall cause tobecorrectedallsuch
defects which are discovered within the warranty period or periods as set forth above,
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MURRAY PARK-PHASE II,ID#17688
failing whichthe COUNTY shallmake such repairs and/or replacements of defective work
and/or materials and the CITY and/or its Surety shall be liableto the COUNTY forall costs
arising therefrom.The CITY also warrants that itshallbesolely responsible for the repair
of any damages to said facilities caused by persons inits employment.
21.TERMS OF AGREEMENT.Both the CITY and the COUNTY recognize that
timeisof the essence and that this Agreement shall be deemed null and void and
unenforceable if the CITY failsto comply with any of the following conditions,where
applicable:
a.After execution ofthis Agreement,workon the CITY'S property shall
commence within one hundred eighty (180)days from the execution date.
Work shall be considered to have commenced when afull complement of
workmen and equipment is present at the site todiligently incorporate
materials and equipment into the construction of the water and sewer
facilities throughout thedayon each full working day,weather permitting,
b.Once the CITY commences construction on the CITY'S property,building
construction cannot be suspended,abandoned,ornotinactive progress for
aperiod exceeding one hundredeighty(180)days.
22.INDEMNIFICATION CLAUSE.The CITY shallindemnify and hold harmless
the COUNTY anditsofficers,employees,agents,partners,principals,contractors and/or
subcontractors and instrumentalities to the extent,and as provided by Florida Statue
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MURRAY PARK-PHASE II,ID#17688
Section 768.28 from any and all liability,losses or damages,including attorney's fees and
costs of defense,which the COUNTY oritsofficers,employees,agents or instrumentalities
mayincur as aresultofclaims,demands,suits,causes of actions or proceedings ofany
kindor nature arisingoutof,relatingtoorresultingfromthe performance ofthis Agreement
bythe CITY oritsemployees,agents,servants,partners principals,contractorsand/or
subcontractors.The CITY shallpayallclaimsand losses in connection therewith and shall
investigateanddefend all claims,suitsoractionsofany kind ornatureinthenameofthe
COUNTY,where applicable,including appellate proceedings,andshallpayall costs,
judgments,andattorney'sfees which mayissuethereon.The CITY expresslyunderstands
and agrees thatanyinsurance protection required bythisAgreementorotherwise provided
bythe CITY shall in noway limit the responsibility to indemnify,keepand save harmless
and defend the COUNTY oritsofficers,employees,agents andinstrumentalities as herein
provided.
23.FORCE MAJEURE.Should either partybe prevented fromperforming any
obligations herein,including but not limited towaterandsewer service,duetoor resulting
from a force majeure or inevitable accident or occurrence,such party shall beexcused
from performance.Asused herein,force majeure shall mean anactof God which includes
butisnot limited tosudden,unexpectedor extraordinary forcesofnaturesuch as floods,
washouts,storms,hurricanes,fires,earthquakes,landslides,epidemics,explosionsor
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,
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MURRAY PARK-PHASE II,ID#17688
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,unknownor 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.
24.SERVICE CHARGES.The CITY agrees to pay to the COUNTY the
prevailing service charges for water supplyandfireprotection,sewage collectionand
disposal within the CITY'Sproperty as maybe applicable until the responsibilityfor
payment ofsaid charges isproperly transferred in accordance withtheCOUNTY'S
regulations.
25.USE OF FACILITIES BY COUNTY.The COUNTY reserves the right to
make full use of the water and sewer facilities to be owned by the COUNTY as
contemplated herein to serve other customers at any time.
26.OPINION OF TITLE.With the execution of this Agreement,the CITY at its
own expense shalldelivertothe DEPARTMENT an opinion of title forthe CITY'S property,
issuedbya qualified attorney,licensedtopracticelaw in the State of Florida,which states
that the CITY owns fee simpletitletothepropertyreferredtoherein.
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MURRAY PARK-PHASE II,ID#17688
27.BACTERIOLOGICAL TESTS AND INDEMNIFICATION.DEP requires that
priorto the rendition of any new water service by the DEPARTMENT,bacteriological tests
must be performed.Itis the responsibility of the CITY to comply withall such requirements
and to obtain all necessary approvals.In addition,the use of floating meters for
construction purposes is subject to State ofFlorida requirements and approval by the
COUNTY.The CITY may request approval for the use of floating meters priorto actual
conveyance oftitleto the facilitiesto the COUNTY.However,the COUNTY may be
required to execute documents to the Miami-Dade County Department of Environmental
Resources Management or State ofFlorida Department ofHealth,which state that the
COUNTY has accepted titleto the facilities.If the COUNTY is required to execute such
documents,the CITY agrees toindemnify and holdthe COUNTY harmless from and
against allclaims,actions,judgments,damages,loss,cost and expense including
reasonable attorney's fees whichmaybeincurredby the COUNTY in connection with the
renditionof water service through the facilities constructed and installed by the CITY prior
to conveyance oftitleto the COUNTY,including butnot limited to those whichresultfrom
failuretoproperlymaintainandrepairthe water facilitiesto the extent,and as providedby
Florida Statue Section 768.28.
28.ASSIGNMENT OF AGREEMENT.Norightto any water supply and sewage
disposalservice commitment provided for in this Agreement shallbe transferred,assigned
orotherwiseconveyedtoanyotherparty without the express written consent ofthe
Directorofthe DEPARTMENT orhis designee except as notedbelow.The consent ofthe
Page 18 of 22
MURRAY PARK-PHASE II,ID#17688
DEPARTMENT shallnotberequiredinconnection with thesale,lease orother
conveyanceof property orany residential units or commercial establishmentstoany party
who will betheultimate user oftheproperty,including butnot limited toa bona fide
purchaser,lessee,resident or occupant.The intent of this paragraph isto require consent
ofthe DEPARTMENT forassignmentsortransfersofanywaterandsewagedisposal
capacity allocation to any party who holds such property asan investment for resale orwho
intends to develop for salea portion ofthe CITY'S property,sothatthe COUNTY can
adequately determine the demand for water and sewage disposal capacity and plan for the
fair and equitable allocation ofwater and sewage disposal capacity among the residents of
Miami-Dade County.Consent,when required,shall not unreasonably be withheld by the
DEPARTMENT.If the CITY'S property is transferred or conveyed,the CITY shall remain
liable tothe COUNTY for all sumsofmoneyandall obligations due hereunder unless
released in writing by the COUNTY.
29.ENTIREAGREEMENT.This Agreement supersedes allprevious
agreements and representations,whether oral or written,between the CITY and the
COUNTY and made with respect tothe matters contained herein and when duly executed
constitutes the complete Agreement between the CITY andthe COUNTY.
30.NOTICE.All notices given pursuant to this Agreement shall be mailed by
United States Postal Service registered or certified mail tothe parties atthe addresses
specified on page two (2)of this Agreement or addresses otherwise properly furnished.
Page19 of 22
MURRAY PARK-PHASE II,ID#17688
31.RECORDING OF AGREEMENT.This Agreement is being recorded in the
public records ofMiami-DadeCounty,Florida,for the particular purpose ofplacingall
ownersand occupants,their successors and assigns,uponnoticeoftheprovisionsherein
contained.The CITY shall pay all recording fees.
Page 20 of 22
MURRAY PARK-PHASE II,ID#17688
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed by their respective officials as of the day and year above written.
WITNESSETH:
signature
print name
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By:
MIAMI-DADE COUNTY
Tomas R.Goicouria
Utilities Development Division
Miami-Dade Water and Sewer
Department
Theforegoinginstrumentwasacknowledgedbeforemethis day of
,2001,by Tomas R.Goicouria,Chief,Utilities
Development Division ofthe Miami-Dade Water and Sewer Department,who is
personally known tomeanddidnottakeanoath.
Notary Public
Page 21 of 22
MURRAY PARK-PHASE II,ID#17688
WITNESSETH:
Signature
print name
Signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THE CITY OF SOUTH MIAMI.A
FLORIDA MUNICIPALITY
By:
print name
Theforegoing instrument wasacknowledgedbeforemethis
,2001,by
(SEAL)
day of
OR
CITY'S Representative,who is personally known to me orand has/hasn't produced
as identification and did/did not take an oath.
Notary Public Serial Number
print name
Approved for Sufficiency of Execution Only:
Assistant County Attorney
Page22 of 22
MURRAY PARK-PHASE II,1D#17688
EXHIBIT "A"OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
THE CITY OF SOUTH MIAMI
LEGAL DESCRIPTION
LOT 1,LESSTHE NORTH 5FEET AND LOT 10 LESSTHE WEST 5FEET AND LOTS
11 THRU 18,INCLUSIVE,ALL IN BLOCK 1,TOGETHER WITHLOTS1 THRU 8,
INCLUSIVE AND LOT 9,LESSTHE WEST 5FEET AND LOT 10,LESS THE WEST 5
FEET AND LESS THE SOUTH 5 FEET THEREOF,AND LOTS 11 THRU 18,INCLUSIVE,
LESS THE SOUTH 5FEET THEREOF,ALL IN BLOCK 8,AND THE 40 FEET WIDE
ROAD ADJACENT TO BLOCK 1 AND BLOCK 8,TOWNSITE OF LARKINS,
ACCORDING TO THE PLATTHEREOF,AS RECORDED IN PLAT BOOK 2AT PAGE
105 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA
•A"1of1
MIAMI-DADE COUNTY /SEC.25-54-40 ft
~\
S.V.68 ST.
A PDRTIDN DF THE S.W.1/4,N.E.114,SEC.25 TVP 54 S.REGE 40 E.
r EXHIBIT "A -1
•LOCATION SKETCH-FOR:MURRAY PARK-PHASE 11 1D#17688
DRAWN:ECG CHECKED:SCALE:1"=300'DATE:07/24/01
^MIAMI-DADE 77ATER AND SEVER DEPARTMENT
MURRAY PARK-PHASE II,1D#17688
EXHIBIT "B"OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
THE CITY OF SOUTH MIAMI
SCHEDULEOF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY
Types of Land Uses
Adult Congregate Living Unit /Residential Type institution or Facility
(Nota Nursing HomeorConvalescent Home)
Airport
Apartment
Banquet Hall
Barber Shop
Bar and Cocktail Lounge
BeautyShop
Bowling Alley
Camper orR.V.Trailer Park
Car Wash
a)Recycling-Type
b)Hand-Type
Coin Laundry
Country Club
Dental Office
DuplexorTwinHome Residence
Factory
a)With showers
b)Without showers
Food Preparation Outlet
(Bakeries.Meat Markets,Commissaries,etc.)
Funeral Home
Gas Station /Convenience Store /Mini-Mart
Health SpaorGym
Hospital
Hotel or Motel
'B"1 of 2
GALLONS PER DAY
100 gpd/person
5 gpd/passenger plus
10 gpd/employee
200 gpd/unit
25 gpd/seat
10 gpd/100 sq.ft.
15 gpd/seat (stool)
75 gpd/chair
100 gpd/lane
150 gpd/space
750 gpd/bay
3,500 gpd/bay
225 gpd/washer
25 gpd/member
250 gpd/dentist plus
200 gpd/wet chair
250 gpd/unit
20 gpd/100 sq.ft.
10 gpd/100 sq.ft.
(350gpdminimum)
50 gpd/100 sq.ft.
10 gpd/100 sq.ft.
450 gpd/unit
35 gpd/100 sq.ft.
250 gpd/bed
100 gpd/room
MURRAY PARK-PHASE II,ID#17688
EXHIBIT "C"OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
THE CITY OF SOUTH MIAMI
Building Connection Schedule
Type and Number of Units
10,638 sq-ft of fitness space
3,404 sq-ft of office space
868 sq-ft of mini storage space
60 seat banquet hall
140 sq-ft of kitchen space
Gallonage
(gpd)
3724
340
4
180
350
•C"1of1
Completion of
Building Connection
2001 -2002
2001-2002
2001 -2002
2001 -2002
2001 -2002