Res. No. 170-01-11318RESOLUTION NO.1 70-01 -11318
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 FACILITIES FOR THE WATER MAIN
EXTENSION PHASES 1A &IB KNOWN TO MIAMI-DADE WATER
AND SEWER DEPARTMENT (MDWASD)AS CITY OF SOUTH
MIAMI WATER MAIN EXTENSION,PHASE 1A &IB ID#17656
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Mayor and City Commission of the City of South Miami wishes to
provide water service tothe Phases 1A &IB area through MDWASD;and,
WHEREAS,the City shall connect to MDWASD's watermain located within and around
Phase 1A and Phase IB as indicated in Section 5,Points of Connection,of the agreement;
and,
WHEREAS,theCity intend to construct approximately 7,200linealfeet of water main
foran estimated 91,000gallonsperdaytobe provided by MDWASD for approximately
250 single family residents;and,
WHEREAS,theCity intend topayapplicabledocuments recording feesand conveyance
feesfromthe 2001 StateLegislativeAppropriationsfundsallocatedfortheproject;and,
WHEREAS,withthisagreement,MDWASDshallpaytheCitythesum of fourthousand
dollars (4,000.00)for the restoration of the right-of-way at SW 72nd Street and SW 58th
Court.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section1.TheCityManagerisauthorizedtoenterintoanagreementwith
Miami-Dade CountytoprovidewaterservicestotheWatermainExtensionPhases 1A
and IB service areas.
Res.No.170-01-1131
Section 2.That the attached agreement,Agreement for Water Facilities
between Miami-Dade County and The City of South Miami,be made a part of the
resolution.
Section 3.This resolution shalltake effect immediately upon approval.
PASSED AND ADOPTED this 6th day of November _,2001.
ATTEST:,APPROVED:
tsuZZtJ
CITY CLERK
READ AND APPROVED AS TO FORM:
5£v tSg&j/A^
CITY ATTORNEY
Commission Vote:5-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Wiscombe:Yea
Commissioner Bethel:Yea
Commissioner Russell:Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission
From:Charles D.Scurr
City Manage*j%l i2uS"
Date:October 29,2001
3AgendaItem
Comm Mtg.11-06-01
Re:Authorization to execute Agreement for
Water Facilities with Miami-Dade County
for the Watermain Extension Phases 1A &
IB Improvement project.
m#i +
>.ll-06-(
REQUEST:
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 FACILITIES FOR THE WATER MAIN
EXTENSION PHASES 1A &IB KNOWN TO MIAMI-DADE WATER AND SEWER
DEPARTMENT (MDWASD)ASCITYOFSOUTHMIAMIWATERMAIN EXTENSION,
PHASE 1A &IB ID#17656 PROVIDING AN EFFECTIVE DATE.
BACKGROUND:
Asyou know,the Watermain Extension Phase 1A is currently under construction andthe design
forPhase IB startedcoupleofweeksago.Inothertobereadyforthe residents toconnecttothe
newwaterservice,weneedtoexecutetheattachedagreementwithMiami-DadeWater&Sewer
Department.Withthe agreement,Miami-Dade Water and Sewer Department will provide
approximately two hundred fifty (250)residents with ninety-one thousand (91,000)gallons per
day of waterservice.Wearerequiredtoextendtheestimated7,200linealfeet of watermain
withinthecity right-of-way and provide water service linesto residents without potable water.In
addition,wearecommittedtoprovideadequatefireprotection(firehydrants)withinthe
construction corridor.Alltheseservicesand applicable feeswillbefundedthroughthe 2001
LegislativeAppropriationfundsallocatedfortheproject.InadditiontotheWaterFacilities
issues,the agreement includes a $4,000.00 payment totheCityforthe restoration ofthe right-of-
way at SW 72nd Street and SW 58th Court.This payment will in-turn be forwarded to the
contractorthatperformedtherehabilitationfortheStarbuckswaterserviceasthe County's share
of the restoration.
RECOMMENDATION:
ItisrecommendedthattheCityCommissionapprovethefundingfortheworktobeperformed.
ATTACHMENTS:
a Proposed Resolution
aCopy of Agreement withMiami-DadeCounty
CITY OF SOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A &1B ID#17656
AGREEMENT
FOR
WATER FACILITIES
BETWEEN
MIAMI-DADE COUNTY
AND
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
CITY OF SOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A&1B ID#17656
THIS AGREEMENT,made and entered intoat Miami-Dade County,Florida,
this dayof ,2001,byand between
Miami-Dade County,a political subdivision ofthe State of Florida,hereinafterdesignated
as the "COUNTY",whose mailing address is:c/o Miami-Dade Water and Sewer
Department,3575S.LeJeune Road,Miami,Florida 33146-2221 and TheCityofSouth
Miami,a Florida municipality,hereinafter designatedasthe "CITY",whose mailing
address is:6130 Sunset Drive,Miami,Florida 33143.
WilNESSEIH:
WHEREAS,the CITY desireswaterservicetoberenderedtopropertyownedbythe
CITY,and
WHEREAS,the Miami-Dade Waterand Sewer Department,hereinafter,
designated asthe "DEPARTMENT",operates the water system owned by the COUNTY.
NOW,THEREFORE,in consideration ofthe mutual covenantsentered into between
the parties hereto to be made and performed and in consideration ofthe benefits to accrue
toeachofthe respective parties,it is covenanted andagreedtoas follows:
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CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A&1B ID#17656
1.CITY'S PROPERTY.The CITY owns a certain public right-of-ways inMiami-
Dade County,Florida,which are 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 service to the CITY'S property and the
COUNTY agrees todo so subject to the terms,covenants and conditions contained herein.
2.SPECIAL PROVISION.The DEPARTMENT shall pay the CITY the sum of
four thousand dollars ($4,000.00)for the restoration ofthe Right-of-Way at S.W.72nd
Streetand S.W.58th Court,afterthe completion,final acceptanceand conveyance tothe
COUNTY of the water facilities contemplated in that certain agreement for "Cinque Mixed
Used Building",dated March 10th,2000,between Alfred J.Cinque and Gay Cinque,as
Individuals,and the COUNTY and recorded inOfficial Records Book 19062 at Page 346 of
the Public Records ofMiami-Dade County,Florida.
3.POINTS OF CONNECTION.PHASE 1A:The COUNTY owns and operates
a sixteen (16)inch water main located along S.W.67th Avenue,from which the CITY shall
install and connect an eight (8)inch water main,westerly in S.W.74th Street to S.W.68
Avenue andto be interconnected with anexistingsix(6)inch water main,located inS.W.
68th Avenue.The CITY shallalso install andconnectaneight(8)inchwater main,westerly
in S.W.77th Terrace,toS.W.68 Avenue,tobe interconnected toan existing eight (8)inch
water main located in S.W.68 Avenue.The COUNTY also owns and operates a twelve
(12)inch water main located in S.W.80 Street,from which the CITY shall install and
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CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A&1BID#17656
connect eight (8)inch water mains northerly in S.W.67 Court,S.W.68 Avenue and S.W.
69Avenue,tobe interconnected toexistingwatermains,thence install and connect eight
(8)inch water mains easterly in S.W.78 Terrace and S.W.77 Terrace,from S.W.69
Avenueandtobe interconnected toexistingwatermains.PHASE 1B:The COUNTY owns
and operates an eight (8)inch water main located in S.W.72 Street and S.W.68 Court
fromwhichthe CITY shallinstalland connect aneight(8)inchwatermainsoutherlyin
S.W.68CourttoS.W.75Street.The COUNTY alsoownsand operates asixteen(16)
inch water main along S.W.67 Avenue from which the CITY shall install andconnectan
eight (8)inch water main easterly in S.W.75 Terrace,thence northerly in S.W.65 Court.
The CITY shallalso install andconnectaneight(8)inchwatermaininS.W.77 Terrace
easterly to S.W.66 Avenue,in S.W.78 Terrace easterly to Manor Lane and in S.W.79
Street easterly to S.W.66 Avenue.Other points of connection may be established subject
toapprovalofthe DEPARTMENT.
4.DESIGNAND CONSTRUCTION OF FACILITIES.The CITY atitsowncost
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 anyand all water mains,valves,fittings,fire hydrants,fireiines,service
connections,service lines,shutoffs,meter boxes,air release valves,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
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CITY OF SOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A&1B ID#17656
DEPARTMENT'S "Design and Construction Standard Specifications and Details";and shall
be subject to approval by the DEPARTMENT.
5.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
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 facilitiesin accordance with approved plans
and specifications.Furthermore,any inspections by the DEPARTMENT shall not relieve
the CITYof any responsibility forthequalityand condition of materials and workmanship.
6.TESTS.Duringconstructionandatthetimewhenvarious tests are required,
the COUNTY'S engineer oritsauthorized representative,together with theCITY'S
engineerand contractor,shall jointly bepresenttowitness tests for determination of
conformance with approvedplansand specifications.The CITY shall notify the COUNTY a
minimumoftwenty-four(24)hours in advance ofthe tests.
7.CONSTRUCTION MEETINGS.The COUNTY reserves the rightto schedule
construction meetings with the CITY'S representatives (Engineer,Project Manager,
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CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A &1B !D#17656
Construction Superintendent and others)at a place designated by the COUNTY with
respect to project related matters upon twenty-four (24)hours notice.
8.APPROVALS AND PERMITS.The CITY shall be fully responsible for
obtainingallrequired approvals fromall appropriate governmental andregulatory agencies
and all necessary permits forallfacilities contemplated inthis Agreement.
9.COUNTY AS PERMITTEE.Certain federal,state and county agencies,
including butnot limited tothe State of Florida Department of Transportation,the South
Florida Water Management District,the U.S.ArmyCorpsof Engineers and the Florida East
Coast Railroadmayrequirethatthe COUNTY benamed as permitteeforcertain
construction activities even though the CITY'S contractor will actually perform the work,
pursuant tosuchpermitstotheextent,and as providedbyFlorida Statue Section768.28
to insure that the COUNTY will incurno costs orliability as a result of being named
permitteeonsuchpermits,the CITY shallprovidesufficientsecurity as acceptable to the
COUNTY whichshallindemnify and protectthe COUNTY fromallclaims,actions,
judgments,liability,loss,costand expense,including reasonable attorney'sfees,relatedto
workperformedbythe CITY pursuant tosuchpermits.Thesecurityshallbefurnished
priortothe start of construction andshallbeinan amount equal to the COUNTY'S cost
estimate for the permit work.The CITY shallhave sixty (60)daystoresolveanyclaimsby
a permittor.Otherwise,the DEPARTMENT shallbeentitledtopaysaidclaims from the
security.The CITY shallbeliableforall costs in excess ofthesecurity.
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CITYOFSOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A&1BID#17656
10.WATER SERVICE LINES.Any waterservicelinestwo(2)inchesin
diameter orlessthatare 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.
11.OWNERSHIP OF WATER METER.The COUNTY shall provide,own and
install the required water meter at its own expense asa part of any water service
installation.Ownership by the COUNTY shall terminate at the outlet side of each water
meter.
12.TREATMENT AND TRANSMISSION CAPACITY.In addition tothe
covenants and conditions set forth herein,water service to be rendered by the COUNTY is
subject to the following available water by the COUNTY.However,in no event will the
COUNTY be obligated to supply any more water capacity in any one 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 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 by local,state and federal government
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CITYOFSOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A&1BID#17656
agencies and the physical limitations on the COUNTY'S supply capacity.If the CITY does
not utilize the yearly amount of water facility allocation specified in Exhibit "C",said
amount will be available tothe CITY in the next calendaryearsubjecttothe limitations and
provisionsspecifiedherein.
13.ALLOCATION OF CAPACITY.The COUNTY agreesto include the
aforesaid allocation in its regional water supply.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.
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
asa result of actions by regulatory bodies,which are related to capacity allocation.
14.CONNECTION/FRONTAGE BY OTHERS.Partiesotherthanthe CITY who
own property,other than the CITY'S property,which has frontage to any water mains,
installed outside of the CITY'S property pursuant to this Agreement,may apply to the
COUNTY for connections to said water mains.If said parties actually connect,the
COUNTY will impose a construction connection charge equal to eighteen dollars ($18.00)
for the eight (8)inch water mains,multiplied by the front foot length of the connecting
property which fronts the water mains as measured along the route of the main.The
COUNTY will also impose construction connection charges on such other parties if said
Page 8 of 19
CITY OF SOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A&1B 1D#17656
water mains are 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 prior to 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 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 mains facilities constructed 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
mains facilities constructed by the CITY to 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.It shall be the CITY'S responsibility to provide
the COUNTY with current mailing addresses during the twelve (12)year period.
15.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 and releases of liens for
execution by the CITY.The properly executed documents shall be delivered to and
accepted by the COUNTY prior to the rendition of water service by the COUNTY.The CITY
shall pay for all recording fees and for all documentary stamps.These conveyances shall
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CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A&1BID#17656
be accompanied by copies of paid bills and/or lien waivers,releases,or satisfactions from
all 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 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 ofthe COUNTY.
16.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 of the water 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:
rayc i w vsi •«*
CITYOFSOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A &1B ID#17656
Types of Facilities Percentage of Actual
Construction Cost
Water mains 25
The bonds shall haveasthe 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 oftheStateof 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 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"orthe 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
!-»-—.,AA /.f 40rdyciiwi•*»
CITYOF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A&1BID#17656
arising therefrom.The CITY also warrants that it shall be solely responsible for the repair
ofanydamagestosaid facilities caused by persons in its employment.
17.TERMSOFAGREEMENT.Both the CITY andthe COUNTY recognizethat
timeisofthe essence andthatthis Agreement shall bedeemed null and void and
unenforceable if the CITY fails to comply with anyofthe following conditions,where
applicable:
a.After execution of this Agreement,work onthe CITY'S property shall
commence within one hundred eighty (180)days from theexecutiondate.
Workshallbeconsideredtohavecommencedwhena full complementof
workmen and equipment is present atthesiteto diligently incorporate
materials and equipment into the construction ofthe water facilities
throughout the day on each full working day,weather permitting,
b.Oncethe CITY commences construction onthe CITY'S property,building
construction cannot be suspended,abandoned,or not in active progress for
a period exceeding one hundred eighty (180)days.
18.INDEMNIFICATION CLAUSE.The CITY shall indemnify and hold harmless
the COUNTY and its officers,employees,agents,partners,principals,contractors and/or
subcontractors and instrumentalities to the extent,and as provided by Florida Statue
Section 768.28 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
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CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A &1B ID#17656
may incur asa result of claims,demands,suits,causesof actions or proceedings ofany
kind ornature arising out of,relating toor resulting from theperformanceofthisAgreement
by the CITY or its employees,agents,servants,partners principals,contractors and/or
subcontractors.The CITY shallpay all claims andlosses in connection therewith and shall
investigate and defend all claims,suits or actions of any kind or nature in the name ofthe
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
anddefendthe COUNTY orits officers,employees,agentsand instrumentalities as herein
provided.
19.FORCEMAJEURE.Shouldeitherpartybe prevented fromperformingany
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 suchas floods,
washouts,storms,hurricanes,fires,earthquakes,landslides,epidemics,explosions or
otherforcesofnature.Inevitable accidentsor occurrences shallmean those whichare
unpreventable by the either party and shall include but not be limited to strikes,lockouts,
other industrial disturbances,wars,blockades,actsof 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
Page 13 of 19
CITY OFSOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A&1BID#17656
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.
20.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.
21.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
thatthe CITY owns fee simple title tothe property referred to herein.
22.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,which state that the
I--.-AA ~S HOayeitvi•«/
CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A &1B ID#17856
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 which result from
failure to properly maintain and repair the water facilities to the extent,and as provided by
Florida Statue Section 768.28.
23.ASSIGNMENT OF AGREEMENT.No right to any water supply 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 capacity allocation to any
party who holds such property as an investment for resale or who intends to develop for
sale a portion of the CITY'S property,so that the COUNTY can adequately determine the
demand for water capacity and plan for the fair and equitable allocation of water capacity
among the residents of Miami-Dade County.Consent,when required,shall not
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CITYOFSOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A&1BID#17656
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.
25.ENTIRE AGREEMENT.ThisAgreement supersedes allprevious
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 andthe COUNTY.
26.NOTICE.All notices given pursuant to this Agreement shall be mailed by
United States Postal Service registered or certified mail tothe parties attheaddresses
specified on page two (2)of this Agreement or addresses otherwise properly furnished.
27.RECORDING OF AGREEMENT.ThisAgreementisbeingrecorded 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 shallpayallrecording fees.
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CITY OF SOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A &1B !D#17656
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,Chief
Utilities Development Division
Miami-Dade Water and Sewer
Department
The foregoing instrument was acknowledged before me this day of
,2001,by Tomas R.Goicouria,Chief,Utilities
Development Division of the Miami-Dade Water and Sewer Department,whois
personally knowntome and didnot take an oath.
Notary Public
Page 17 of 18
CITYOFSOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A &1BID#17656
WITNESSETH:CITY OF SOUTH MIAMI.A FLORIDA
MUNICIPALITY
signature By:
JULIO ROBAINA,MAYOR
print name
Signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before methis
(SEAL)
day of
,2001,bv JULIO ROBAINA.MAYOR,who is personally known
to me or and has/hasn't produced
identification and did/did not take an oath.
Notary Public
print name
Approved for Sufficiency of Execution Only:
Assistant County Attorney
Page 18 of 19
as
Serial Number
CITY OF SOUTH MIAMI WATER MAIN EXTENS10N,PHASE 1A &1B ID#17656
EXHIBIT "A"OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
Legal Description
Page 19 of 19
CITYOFSOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A &1B ID#17655
EXHIBIT "B"OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
Schedule of Daily Rated Gallonage for Various Occupancy
Types of Land Uses
Adult Congregate Living Unit /Residential Type Institution or Facility
(Not a Nursing Home or Convalescent Home)_
Airport
Apartment
Banquet Hall
Barber Shop
Bar and Cocktail Lounge
Beauty Shop
BowlingAlley
Camper or R.V.TrailerPark
Car Wash
a)Recycling-Type
b)Hand-Type
Coin Laundry
Country Club
Dental Office
Duplexor Twin Home 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 Spaor Gym
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
250gpd/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
CITY OF SOUTH MIAMI WATER MAIN EXTENSION.PHASE 1A &1B !D#17656
Types of Land Uses (continued)
House of Worship
Gallons Per Day
3 gpd/seat
Kennel 30 gpd/cage
Laundromat 225 gpd/washer
Marina 40 gpd/boatslip
Mobile Home Residence /Park 300 gpd/unit
Motor Vehicle Service Station 10 gpd/100 sq.ft.
Nursing/Convalescent Home 150 gpd/bed
OfficeBuilding 10 gpd/100 sq.ft.
Pet Grooming 10 gpd/100 sq.ft.plus
75 gpd/tub
Physician Office 250 gpd/physician
Public Park
a)With toilets
b)With showers and toilets
5 gpd/person
20 gpd/person
Public Swimming Pool Facility
Restaurant
a)Full-Service
b)Fast-Food
c)Take-Out
10 gpd/person
School
a)Day care /Nursery
b)Regular School
c)With cafeteria,add
d)With showers,add
e)Teachers and Staff
Shopping Center (dry uses only)
SingleFamily Residence
Speculation Building
Stadium,Racetrack,Ballpark,Fronton,Auditorium,etc.
Store (dry uses only)
Theater
a)Indoor Auditorium
b)Outdoor Drive-in
Townhouse Residence
Veterinarian Office
a)With kennels
Warehouse
a)Regular orIndustrial
b)Mini Storage orMini Warehouse
Legend:
gpd
sq.ft.
Notes:
gallons per day
square feet
(350 gpd minimum)
50 gpd/seat
35 gpd/seat
50 gpd/100 sq.ft.
5 gpd/student
10 gpd/student
5 gpd/student
5 gpd/student
15 gpd/person
5 gpd/100 sq.ft.
350 gpd/unit
20 gpd/1,000 sq.ft.
3 gpd/seat
5 gpd/100 sq.ft.
3 gpd/seat
5 gpd/space
250 gpd/unit
250 gpd/veterinarian plus
30 gpd/cage
20 gpd/1,000 sq.ft.
5 gpd/1,000 sq.ft.
1)Sewage gallonage refers to sanitary sewage flow on aperunit and/or use basis br average daily flow in gallons per day.
2)Condominiums shall be rated in accordance wth the specific type ofuse.(i.e.apartment,towihouse,etc.)
EXHIBIT "C"OF AGREEMENT
"B"2 OF2
CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A &1B 1D#17656
BETWEEN
MIAMI-DADE COUNTY
AND
Building Connection Schedule
Type and Number of Units Gallonage Completion of
(gpd)Building Connection
260SingleFamily Residences 91,000 2001-2002
'C"1 of 1