HomeMy WebLinkAboutReso 2014-2223RESOLUTION NO. 2014 - �J-Z
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY TO
EXECUTE AN AGREEMENT BETWEEN MIAMI -DADE COUNTY AND
THE CITY OF SUNNY ISLES BEACH FOR SANITARY SEWER
FACILITIES AT GATEWAY PARK, ATTACHED HERETO AS EXHIBIT
"A "; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY
TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.01, Florida Statutes, authorizes local governing bodies to enter
into interlocal agreements for the mutual benefit of governmental units; and
WHEREAS, the City of Sunny Isles Beach desires sewer services to be rendered to
Gateway Park, and
WHEREAS, the Miami -Dade Water and Sewer Department operates the sewage system
owned by Miami -Dade County; and
WHEREAS, the City desires to execute an Agreement with Miami -Dade County for
sanitary sewer facilities at Gateway Park, attached hereto as Exhibit "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorizing Execution of Agreement. The City Commission hereby authorizes
the City to execute an Agreement with Miami -Dade County for sanitary sewer facilities at
Gateway Park, attached hereto as Exhibit "A ".
Section 2. Authority of the City Manager and City Attorney. The City Manager and City
Attorney are authorized to do all things necessary to effectuate this resolution.
Section 3. Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED and ADOPTED this 17t" day of April 2014
ATTEST:
L
—C- I�a -- - N Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
HAS btrinot, City Attorney
VOTE: q - b - j
Mayor Edelcup
Vice Mayor Aelion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
I- S�C??A o 1Kk
Moved by:
Second by: f�I
2
yes ✓ no
yes ►/ no
yes no
yes I.-- no
yes_ no
•
•
•
1 )
CFN: 20140349753 BOOK 29152 PAGE 2347
DATE:05/15/2014 08:46:54 AM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
GATEWAY PARK, ID#21699
AGREEMENT
FOR -
SANITARY SEWER FACILITIES
BETWEEN
• MIAMI-DADE COUNTY
AND
CITY OF SUNNY ISLES BEACH
•
• • This instrument prepared by:
Douglas Pile, Esq.
New Business Contract Officer
Miami-Dade Water and Sewer Department
3575 S. LeJeune Road ) (�
• Miami, Florida 33146-2221 l j�
•
•
GATEWAY PARK, ID#21699
THIS AGREEMENT, made and entered into at Miami-Dade County, Florida,
this o day of , 2014 by and between
Miami-Dade County, a political subdivision of the State of Florida, hereinafter designated
as the "COUNTY", whose mailing address is: do Miami-Dade Water and Sewer
Department, P.O. Box 330316, Miami, Florida 33233-0316, and CITY OF SUNNY ISLES
BEACH, a Florida corporation, hereinafter designated as the "CITY", whose mailing
address is: 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
WITNESSETH:
WHEREAS, the CITY desires sewer service to be rendered to property owned by
the CITY, and
WHEREAS, the Miami-Dade Water and Sewer Department, hereinafter
designated as the "DEPARTMENT", operates the sewer systems owned by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants entered into between
the parties hereto to be made and performed and in consideration of the benefits to accrue
to each of the respective parties, it is covenanted and agreed to as follows:
1. CITY'S PROPERTY. The CITY owns a certain tract of land in Miami-Dade
County, Florida,which is legally described in Exhibit"A" attached hereto and made a part
hereof,. hereinafter sometimes described as the "CITY'S property". The CITY has
requested that the DEPARTMENT render sewer service to the CITY'S property and the
COUNTY agrees to do so subject to the terms, covenants and conditions contained herein.
2. WAIVER. No delay or failure to exercise a right under this Agreement or any
other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or
indulgence of any breach of this Agreement or series of breaches shall be deemed or
construed as a waiver of any other breach of same or as voiding or altering any other
obligation of the parties under this Agreement or any other Agreement. No order or
directive given by the COUNTY or its agents shall be considered as waiving any portion of
this Agreement unless done in writing by a person having actual.authority to grant such
waiver.
3. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees
that any right to connect the CITY'S property to the COUNTY'S sewer system is subject to
the terms;covenants and conditions set forth in the following Agreements and Orders as
currently in effect or as amended: Settlement Agreement between the State of Florida
Department of Environmental Protection, hereinafter designated as the "DEP", and the
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GATEWAY PARK, ID#21699
COUNTY dated July 27, 1993; the First Amendment to the Settlement Agreement between
DEP and the COUNTY dated December 21, 1995;the First Partial Consent Decree and the
Second and Final Partial Consent Decree entered in the case of United States of America
Environmental Protection Agency (EPA) v. Metropolitan Dade County (Case Number 93-
1109 CIV-Moreno); the Consent Order between DEP and the COUNTY filed on April 29,
2004; and court orders, judgments, consent orders, consent decrees and the like entered
into between the COUNTY and the United States, the State of Florida and/or any other
governmental entity; and all other current, subsequent or future enforcement and regulatory
actions and proceedings.
4. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY
will receive and dispose of sanitary sewage from the CITY'S property. The CITY shall pay
sewer connection charges for all those units to be constructed on the CITY'S property
subject to the limitations specified herein. The CITY acknowledges that, to the extent that
water or sewer service will ultimately be rendered to the CITY'S property by a volume
customer, the CITY is a new retail user provided water or sewer service from a volume
customer, and acknowledges that it is responsible for payment of connection charges;
however, in the event that water or sewer service is provided directly by the COUNTY, the
CITY acknowledges that it is a new retail customer of the COUNTY and accordingly also
liable for payment of connection charges. The CITY may be considered both a new retail
customer and anew retail user provided service by a volume customer in the event that the
COUNTY provides water service to the CITY'S property and a volume customer provides
sewer service, or vice-versa. The connection charges are based on the average daily
gallons for the various building units and/or use as shown on Exhibit"B" attached hereto
and made a part hereof, and as revised by the COUNTY from time to time, multiplied by the
applicable rates established by the COUNTY. The CITY intends to connect to the
COUNTY'S sewer system a public park for seventy-nine (79) people, representing an
average daily gallonage of three hundred ninety-five (395) gallons, seventeen thousand
four hundred twenty(17,420)square feet of banquet hall (without kitchen), representing an
average daily gallonage of two thousand six hundred thirteen (2,613) gallons, and six
hundred twenty-seven (627) square feet of fast food restaurant, representing an average
daily gallonage of three hundred fourteen (314) gallons; replacing thirty-six thousand two
hundred twenty-three (36,223) square feet of retail, representing an average daily
gallonage of three thousand six hundred twenty-two (3,622)gallons. Therefore,there is no
total average daily gallonage increase, resulting in no additional sewer connection charges.
However, sewer connection charges shall be calculated at the rates in effect at the time of
actual connection to the COUNTY'S sewer systems. The DEPARTMENT'S current
connection charge rate is five dollars and sixty cents ($5.60) per gallon per day for sewer.
The sewer connection charge rate is subject to revision by the Board of County
Commissioners at any time. The CITY shall pay fees and/or charges specified herein at
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GATEWAY PARK, ID#21699
the time of issuance of Verifications Form(s). The DEPARTMENT shall not, under any
circumstances, render sewer service to the CITY'S property until such time as the fees
and/or charges specified herein have been paid in full.
5. OTHER USES ON THE PROPERTY. If the CITY constructs buildings other
than those outlined in paragraph 4 above, or otherwise changes the use of structures built
such that paragraph 4 is no longer an accurate description of the uses at the CITY'S
property, the COUNTY shall determine if additional capacity is needed, as calculated using
Exhibit"B" attached hereto and as revised by the COUNTY from time to time. If additional
capacity is required, connection charges, computed at prevailing rates, capacity allocation,
if available, and construction connection charges, if any, shall be required to be paid by the
CITY. If requested by the DEPARTMENT, the CITY shall provide the COUNTY a list of all
tenants and building units. and/or use prior to the rendition of sewer service by the
COUNTY for the CITY'S property.
6. POINTS OF CONNECTION. The property is currently a water customer of
the City of North Miami Beach. The COUNTY owns and operates an existing eight (8)
inch gravity sewer main (as-built ES-349-24) located in Sunny Isles Boulevard abutting the
southern boundary of the property, to which the CITY shall connect for sewer service to the
property. The existing eight (8) inch gravity sewer segment from Manhole#8 to Manhole
#10 in Sunny Isles Boulevard is not available for connection. If unity of title does not apply,
then any gravity sewer within the property shall be public and eight (8) inch minimum in
diameter. Other points of connection may be established subject to approval of the
DEPARTMENT.
7. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost
and expense shall cause to be designed, constructed and installed all of the necessary
sewer facilities provided for in this Agreement unless otherwise specified. The facilities
shall include any and all gravity sewer mains, laterals, manholes, and all appurtenances
thereto for a complete installation. The final design and construction of the facilities shall
meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and
Regulations" for sewer service, shall be in accordance with the latest revision of the
DEPARTMENT'S"Design and Construction Standard Specifications and Details", and shall
be subject to approval by the DEPARTMENT.
8. INSPECTION. The COUNTY shall have the right but not the obligation to
make engineering inspections of all the construction work performed by the CITY under the
terms of this Agreement including private facilities not to be conveyed to the COUNTY.
Such inspections shall not be construed to constitute any guarantee on the part of the
COUNTY as to the quality and condition of materials and workmanship. Any inspections by
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GATEWAY PARK, ID#21699 '
the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of
said facilities in accordance with approved plans and specifications. Furthermore, any
inspections by the DEPARTMENT shall not relieve the CITY of responsibility for the quality
and condition of materials and workmanship.
9. TESTS. During construction and at the time when various tests are required,
the COUNTY'S engineer or its .authorized representative, together with the CITY'S
engineer and contractor,. shall jointly be present to witness tests for determination of
conformance with approved plans and specifications. The CITY shall notify the COUNTY a
minimum of twenty-four (24) hours in advance of the tests.
10. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule
construction meetings with the CITY'S representatives (Engineer, Project Manager,
Construction Superintendent and others) at a place designated by the COUNTY with
respect to project related matters upon twenty-four (24) hours notice.
11. SUBCONTRACTORS AND CONSULTANTS. The COUNTY reserves the
right, at any time, to bar any subcontractor or consultant employed by the CITY from
engaging in any sort of work or activity related to this Agreement, if such be in the interests
of the COUNTY. In the event the COUNTY rejects any subcontractor or consultant, said
subcontractor or consultant will immediately cease work on anything related to this
Agreement. The CITY shall not be entitled to compensation for any monies previously paid
to any subcontractor or consultant if said subcontractor or consultant is rejected by the
COUNTY.
12. COMPLIANCE WITH ALL LAWS. The CITY, at its own cost and expense,
shall comply with all applicable laws, statutes, rules, and ordinances in carrying out the
activities contemplated herein.
13. APPROVALS AND PERMITS. The CITY shall be fully responsible for
obtaining all required approvals from all appropriate governmental and regulatory agencies
and all necessary permits for all facilities contemplated in this Agreement. Notwithstanding
anything else contained herein to the contrary, this Agreement shall not constitute or be
interpreted as a waiver of any requirements of any other agency of Miami-Dade County •
and/or any requirements of the Code of Miami-Dade County. The CITY is responsible for
obtaining all permits as may be required for the work contemplated herein pursuant to the
Code of Miami-Dade County. .
14. COUNTY AS PERMITTEE. Certain federal, state and county agencies,
including but not limited to the State of Florida Department of Transportation, the South
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GATEWAY PARK, ID#21699
Florida Water Management District, the U.S.Army Corps of Engineers and the Florida East
Coast Railroad may require that the COUNTY be named as permittee for certain
construction activities even though the CITY or the CITY'S contractor will actually perform
the work. To insure that the COUNTY will incur no costs or liability as a result of being
named permittee on such permits, the CITY shall provide sufficient security as acceptable
to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions,
judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to
work performed by the CITY pursuant to such permits. The security shall be furnished prior
to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate
for the permit work. The CITY shall have sixty (60) days to resolve any claims by a
permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the
security. The CITY shall be liable for all costs in excess of the security.
15. TREATMENT AND TRANSMISSION CAPACITY. In addition to the
covenants and conditions set forth herein, sewer service to be rendered by the COUNTY is
subject to the following:
a. Issuance of a valid operation permit by the State of Florida for the
COUNTY'S sewage treatment facility serving the CITY'S property which
allows additional connections,
b. Sufficient available capacity in the COUNTY'S sewer system and connection
approval, as specified in paragraph 3 herein,
However, in no event will the COUNTY be obligated to supply any more sewage treatment
capacity in 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 sewage treatment facility
capacity of the COUNTY not specifically provided for in Exhibit"C"shall be subject to the
written approval and consent of the DEPARTMENT and shall be dependent on the various
restrictions placed on the disposal of sewage by local, state and federal government
agencies and the physical limitations on the COUNTY'S treatment capacity. If the CITY
does not utilize the yearly amount of sewage treatment facility allocation specified in
Exhibit"C", said amount will be available to the CITY in the next calendar year subject to
the limitations and provisions specified herein.
16. ALLOCATION OF CAPACITY. The COUNTY agrees to include the
aforesaid allocation in its regional sanitary sewer system, once the CITY is granted
necessary sewer allocation, as specified in paragraph 3 he reinabove. However, it is
mutually agreed and understood by the COUNTY and the CITY that the allocation of
capacity by the COUNTY does not guarantee the ability of the COUNTY to receive.and
dispose of sewage originating from the CITY'S property. Capacity allocation is subject to
local, state and federal agencies and other regulatory bodies having jurisdiction. In
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GATEWAY PARK, ID#21699
connection therewith, the CITY agrees that the COUNTY shall not be liable or in any way
responsible for any costs, claims or losses incurred by the CITY as a result of actions by
regulatory bodies, which are related to capacity allocation.
17. FACILITIES EASEMENTS. If the facilities contemplated herein or any
portion thereof are installed within private property outside of public right-of-way, the
facilities shall be installed in the center of a fifteen (15) foot wide easement for sewer
facilities, with a twenty-five(25)foot minimum vertical clearance above the finished grade.
The DEPARTMENT shall have twenty-four (24) hour access to the easement for
emergency purposes. If the facilities are not located in platted easements,then easements
shall be granted to the COUNTY by the.CITY prior to the COUNTY'S rendition of sewer
service to the CITY'S property. The CITY may not place any pavers or other structures in
an easement area which would prevent_the DEPARTMENT, at its sole discretion, from •
making full use of the easement, and the CITY shall remove same, at the CITY'S cost, at
the direction of the COUNTY. The CITY may place pavers or other structures in the
easement area if such pavers or other structures can be removed, with minimal effort by
the DEPARTMENT, in the event that such pavers or other structures need to be removed
in order for the DEPARTMENT to make use of the easement;the CITY places such pavers
or other structures in the easement area at its own risk, and the DEPARTMENT shall not
be liable for any costs incurred by the CITY in replacing any such pavers or other structures
removed by the DEPARTMENT.
18. CONVEYANCE OF TITLE. Conveyance of all easements shall be by
separate instruments in recordable form as approved by the COUNTY and shall be
accompanied by a written opinion of title by an attorney licensed to practice law in the State
of Florida, which states that the CITY is the owner of the property interest to be conveyed,
subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY.
The opinion shall also state that upon execution by the CITY, a valid and enforceable
easement will be vested to the COUNTY. The CITY shall pay for all recording fees and for
all documentary stamps. The details for all conveyances are specified herein. Failure of
the CITY to provide proper conveyances shall be cause for the COUNTY to refuse to
render service to the CITY'S property.
19. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of
. the sewer facilities contemplated herein for COUNTY ownership, the COUNTY shall
provide conveyance documents, which may include bills of sale, releases of lien, grants of
easement, for execution by the CITY. The properly executed documents shall be delivered
to and accepted by the COUNTY prior to the rendition of sewer service by the COUNTY.
The CITY shall pay for all recording fees and for all documentary stamps. These
conveyances shall be accompanied by copies of paid bills and/or lien waivers, releases, or
Page 7 of 13
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GATEWAY PARK, ID#21699
satisfactions from all persons who performed work on the CITY'S property and all persons
who incorporate materials into the property, together with a breakdown of the actual cost of
said facilities. Concurrently, the CITY shall furnish the COUNTY with one (1) set of mylar
as-built drawings showing specific locations and depths among other things, of all facilities
as located by a licensed surveyor, along with five (5) prints of the as-built drawings which
have been sealed by a surveyor and certified by the engineer of record. Approval by the
COUNTY of all required conveyance documents, drawings and survey specified herein
shall constitute final acceptance by the COUNTY of said facilities. After final acceptance,
• the facilities shall remain at all times the sole, complete, and exclusive property of the
COUNTY and under the exclusive control and operation of the COUNTY.
20. WARRANTY AND MAINTENANCE BOND. The CITY warrants that the
sewer facilities to be owned by the COUNTY shall be free from defects in materials and
workmanship for a period of one (1) year from final acceptance by the COUNTY.
Simultaneously with the conveyance of the sewer facilities, the CITY shall deliver to the
COUNTY an executed maintenance bond or alternate security deposit acceptable to the
DEPARTMENT, which guarantees the warranty. If it becomes necessary to repair and/or
replace any of the facilities during the initial one (1) year period, then the warranty as to
those items repaired and/or replaced shall continue to remain in effect for an additional
period of one (1) year from the date of final acceptance by the COUNTY of those repairs
and/or replacement. The bond shall be in the amount equal to the sum of those portions of
the actual cost of construction of said facilities as follows:
Types of Facilities Percentage of Actual
Construction Cost
Gravity sewer 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-factor other officer who signs a
bond must file with such bonds a certified copy of his power-of-attorney authorizing him to
do so. The Maintenance Bond may be written with the CITY'S contractor as"Principal"and
the CITY and the COUNTY as "Co-obligees" or the COUNTY as sole "Obligee". In the
alternative, the CITY may be named as "Principal" and the COUNTY as "Obligee". The
Maintenance Bond shall remain in force for one (1) year following the date of final
acceptance by the COUNTY of the work done pursuant to this Agreement to protect the
COUNTY against losses resulting from any and all defects in materials or improper
performance of work. If there is no building construction underway within the CITY'S
property at the time of conveyance, the COUNTY shall have the right to require that the
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GATEWAY PARK, ID#21699
term of the Maintenance Bond be extended fora 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.
21. TERM OF AGREEMENT. Both the CITY and the COUNTY recognize that
time is of the essence and that this Agreement shall be deemed null and void and
unenforceable if the CITY fails to comply with any of the following conditions, where
applicable:
a. After execution of this Agreement, work on the sewer facilities shall -
commence within three hundred sixty-five (365) days from the execution
date. Work shall be considered to have commenced and be in active
progress when engineering drawings are submitted to the DEPARTMENT for
•
review and approval, and, upon the DEPARTMENT'S issuance of said
approval, a full complement of workmen and equipment is present at the site
to diligently incorporate materials and equipment into the construction of the
sewer facilities throughout the day on each full working day, weather
permitting.
b. Once the CITY commences work on the sewer facilities, said work cannot be
suspended, abandoned, or not in active progress for a period exceeding
three hundred sixty-five (365).days.
c. The remedies specified herein are cumulative with and supplemental to any
other rights which the COUNTY may have pursuant to the law or any other
provision of this agreement.
22. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless
the COUNTY and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costs of defense, which the
COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to or resulting from the performance of this Agreement by the CITY or its
employees, agents, servants, partners, principals, contractors and/or subcontractors. The
CITY shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may issue thereon. The CITY expressly understands and agrees that
any insurance protection required by this Agreement or otherwise provided by the CITY
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GATEWAY PARK, ID#21699
shall in no way limit the responsibility to indemnify, keep and save harmless and defend the
COUNTY or its officers, employees, agents and instrumentalities as herein provided,
subject to the limitations of Section 786.28, Florida Statutes. The provisions in this clause
•
shall survive the termination or expiration of this Agreement.
23. FORCE MAJEURE. Should either party be prevented from performing any
obligations herein, including but not limited to sewer service, due to or resulting from a
force majeure or inevitable accident or occurrence, such party shall be excused from
performance. As used herein, force majeure shall mean an act of God which includes but
is not limited to sudden, unexpected or extraordinary forces of nature such as floods,
washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or
other forces of nature.. Inevitable accidents or occurrences shall mean those which are
unpreventable by either party and shall include but not be limited to strikes, lockouts, other
industrial disturbances; wars, blockades, acts of public enemies, insurrections, _riots;
federal, state, county and local governmental restraints and restrictions; military action, civil
disturbances,explosions; conditions in federal, state, county and local permits; bid protests,
manufacturing and delivery delays, unknown or unanticipated soil, water or ground
conditions and cave-ins, or otherwise; and other causes reasonably beyond the control of
either party, whether or not specifically enumerated herein.
24. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the
prevailing service charges for sewage collection and disposal within the CITY'S property as
may be applicable until the responsibility for payment of said charges is properly transferred
in accordance with the COUNTY'S regulations.
25. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to
make full use of the sewer facilities to be owned by the COUNTY as contemplated herein to
serve other customers at any time.
26. OPINION OF TITLE. With the execution of this Agreement, the CITY at its
own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S property,
issued by a qualified attorney licensed to practice law in the State of Florida, which states
that the CITY owns fee simple title to the property referred to herein.
27. ASSIGNMENT OF AGREEMENT. No right to any sewage disposal service
commitment provided for in this Agreement shall be transferred, assigned or otherwise
conveyed to any other party without the express written consent of the Director of the
DEPARTMENT or his designee except as noted below. The consent of the
DEPARTMENT shall not be required in connection with the sale, lease or other
conveyance of property or any residential units or commercial establishments to any party
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GATEWAY PARK, ID#21699
who will be the ultimate user of the property, including but not limited to a bona fide
purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent
of the DEPARTMENT for assignments or transfers of any sewage disposal capacity
allocation to any party who holds such property as an investment for resale or who intends
to develop for sale a portion of the CITY'S property, so that the COUNTY can adequately
determine the demand for sewage disposal capacity and plan for the fair and equitable
allocation of sewage disposal capacity among the residents of Miami-Dade County.
Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the
CITY'S property is transferred or conveyed,the CITY shall remain liable to the COUNTY for
all sums of money and all obligations due hereunder unless released in writing by the
• COUNTY.
28. 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.
29. NOTICE. All notices given pursuant to this Agreement shall be mailed by
United States Postal Service registered or certified mail to the parties at the addresses
specified on page 2 of this Agreement or addresses otherwise properly furnished.
30. 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.
31. FLORIDA LAW. This Agreement shall be interpreted under Florida law.
Venue for any litigation relating to this Agreement shall be had in Miami-Dade County,
Florida.
32. SEVERABILITY. If any section, subsection, sentence, clause or provision of
this Agreement is held invalid, the remainder of this Agreement shall not be affected by
such invalidity.
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GATEWAY PARK, ID#21699
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: MIAMI-DADE COUNTY
it
/siure
fitio
By: Ii
Zaba S. Castro, -q., A--istant Director,
6
a.itzoa 6.a.am J(-, Legislative •nd M icipal Affairs
pr'I name For: John W. 'enfrow, P.E., Director
Miami-Dade Water and Sewer Department
signature
i
print name /
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The fore oing instrument was acknowledged before me this /09 day of
, 2014, by Zaba S. Castro, Esq., Assistant Director, Legislative
and Municipal Affairs, for John W. Renfrow, P.E., Director, of the Miami-Dade Water
and Sewer Department, who is personally known to me and did not take an oath.
opp
...40FP 1.4bidiradbabAy.,0,„,i1„,dhab.d60.
_ �'"'°4�"y DENISE CHUNG
gli Notary Public 1 , J % �y -State a Florida 1- -
4 , My Comm.Emotes Aug 12.2018 ' •
•.,,,a.p�.• Commission a FF 113828
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print name Gy% Serial Number
Page 12 of 13
GATEWAY PARK, ID#21699
ATTEST: CITY OF SUNNY ISLES BEACH, A
`:, �': " FLORIDA MUNICIPAL CORPORATION
( BY,:`,..'' ,,t .._-• f , A_ (SEAL) By . .. / /,,'" (SEAL)
t S —
l ,Jane A. Hines Christopher J. Russo
• , `-, City Clerk City Manager
• AFFIX CITY SEAL
Appr. -. _ -.al Form and Su icienc fq
j
Vg., City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this oci S1—day of
fie h 1 , 2014, by Christopher J. Russo , as City Manager,
and Jane A. Hines as City Clerk, of the City of Sunny Isles Beach, a Florida
Y � Y Y
municipal corporation of the State of Florida. They are personally known to me or have
produced as.identification and did/did not take an oath.
L.
,r ■ LUZ REY
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print name Serial Number
Approved for Legal Sufficiency: -
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A < stant County Attorney
Page 13of13
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GATEWAY PARK, ID#21699
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SUNNY ISLES BEACH
LEGAL DESCRIPTION
Lots 2, 3,4, 5, 6, 7, and 8, SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 50, at Page 76, of the Public
Records of Miami-Dade County, Florida.
"A" 1 of 1
-Yt
MAMFdiDE„ . MIAMI - DADE WATER AND SEWER DEPARTMENT i
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. 17011 - J
16830
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. 17001
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.\ 213:3 j-_ 16919-- -_I ,O
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IIIIIIIIIIIII SUNNY-ISLES BLVD
SUNNY ISLES RAMP :671
6619.
•301 ���j67 / /1/77
SUNNY ISLES:BLVD I
— rte
160
50. 16690
350 330
300 290 5i' 200 > 1.481
230 \----1 1
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, 16..
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au . i _______—/. \—/265 ` \, � �'`
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rr` 263 257/255 25 `�-1)_ ®211 205 201
EXHIBIT "A"— 1 GATEWAY PARK
AGMT ID# 21699
LOCATION SKETCH FOLIO# 31-2214-007-0060, 0050, 0040 & 0030
SCALE:N.T.S MIAMI-DADE COUNTY SEC 14-52.42 .
-THIS IS NOT A SURVEY- DECEMBER 11, 2013
GATEWAY PARK, ID#21699
EXHIBIT "B" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SUNNY ISLES BEACH
SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY
TYPES OF LAND USES GALLONS PER DAY(GPD)
RESIDENTIAL LAND USES
220 gpd/unit(under 3001 sq. ft.)
Single Family Residence 320 gpd/unit(3001-5000 sq. ft.)
550 gpd/unit(over 5,000 sq. ft.)
Townhouse Residence 180 gpd/unit
Apartment 150 gpd/unit
Mobile Home Residence/Park 180 gpd/unit
Duplex or Twin Home Residence 180 gpd/unit
COMMERCIAL LAND USES
Barber Shop 15 gpd/100 sq. ft: _
Beauty Shop 25 gpd/1 00 sq. ft.
Bowling Alley 100 gpd/lane
Dentist's Office 20 gpd/100 sq. ft.
Physician's Office 20 gpd/100 sq. ft.
Bar and Cocktail Lounge 20 gpd/100 sq. ft.
Restaurant
a) Full Service "100 gpd/100 sq.ft.
b) Fast-Food 50 gpd/100 sq. ft.
c)Take-Out 100 gpd/100 sq. ft.
Hotel or Motel 100 gpd/room
Office Building(County) 5 gpd/100 sq. ft.
Office Building (Other) 5 gpd/100 sq. ft.
Motor Vehicle Service Station. 10 gpd/100 sq. ft.
Shopping Center/Mall
a) Retail/Store 10 gpd/100 sq. ft.
Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc. 3 gpd/seat
Retail/Store 10 gpd/100 sq. ft.
Theater
a) Indoor Auditorium 3 gpd/seat
b) Outdoor Drive-in 5 gpd/space
Camper or R.V. Trailer Park 150 gpd/space
Banquet Hall 15 gpd/100 sq. ft.
a)With Kitchen 50 gpd/100 sq. ft.
"B" 1 of 2
GATEWAY PARK, ID#21699
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TYPES OF LAND USES(CONTINUED) GALLONS PER DAY(GPD)
Car Wash
a) Hand-Type 350 gpd/bay
b)Automated (drive through) 5,500 gpd/bay
Coin Laundry 145 gpd/washer
Country Club 15 gpd/100 sq. ft:
a)With Kitchen 50 gpd/100 sq. ft.
Funeral Home 10 gpd/100 sq. ft.
• Gas Station/Convenience Store/Mini-Mart 450 gpd/unit
a) w/Single Automated Car Wash 1,750 gpd/unit
Health Spa or Gym 10 gpd/100 sq. ft.
Veterinarian Office 20 gpd/100 sq. ft.
•
Kennel 15 gpd/cage
Marina 60 gpd/slip
Food Preparation Outlet(Bakeries, Meat Markets, 35 gpd/100 sq. ft.
Commissaries, etc.)
Pet Grooming 55 gpd/100 sq. ft.
•
INDUSTRIAL LAND USES
Airport
a) Common Area/Concourse • 5 gpd/100 sq. ft.
b) Retail/Store .10 gpd/100 sq. ft.
•
c) Food Service see restaurant use
House of Worship 10 gpd/100 sq. ft.
Hospital 250 gpd/bed
Nursing/Convalescent Home 150 gpd/bed
Public Park .
a)With toilets only 5 gpd/person
b)With toilets and showers 20 gpd/person
CLF: 75 gpd/bed
Other Residential Institution/Facility JAIL: 150 gpd/bed
OTHER: 100 gpd/person
School
a) Day care/Nursery 20 gpd/100 sq. ft.
b) Regular School (with or without cafeteria) 12 gpd/100 sq. ft.
Public Swimming Pool Facility 30 gpd/person
Industrial
a)Warehouse/Spec. Building 1 gpd/100 sq. ft.
b) Mini Storage . 1.5 gpd/100 sq. ft.
c) Industrial-Wet 20 gpd/100 sq. ft.
d) Industrial - Dry 2.5 gpd/100 sq. ft.
LEGEND:
gpd -gallons per day
sq.ft.-square feet
NOTES:
1) Sewage gallonage refers to sanitary sewage flow on a per unit and/or use basis for average daily flow in gallons per day.
2) Condominiums shall be rated in accordance with the specific type of use(e.g.,apartment,townhouse,warehouse,etc.).
"B" 2 of 2
GATEWAY PARK,'ID#21699.
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SUNNY ISLES BEACH
BUILDING CONNECTION SCHEDULE
TYPE AND NUMBER OF UNITS GALLONAGE COMPLETION OF
(gpd) BUILDING CONNECTION
Connect to the County's sewer system: .
Public park for 79 persons 395 2014 - 2015
17,420 sq-ft of banquet hall(w/out kitchen) 2,613 2014 - 2015
627 sq-ft of fast food restaurant 314 2014 - 2015
Demolish 36,223 sq-ft of retail previously
on the County's sewer system -3,622 (credit) N/A
"C" 1 of 1
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I • CFN:20140349808 BOOK 29152 PAGE 2543
DATE:05/15/2014 08:56:14 AM
I HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY
x GATEWAY PARK,ID#21699
1 UNITY OF TITLE
THIS UNITY OF TITLE, made and entered into this/2 day of ZA
0 2014, by The City of Sunny Isles Beach, a Florida municipal corporation,
f
designated as the"OWNER",to Miami-Dade County,a political subdivision of the State of
{ Florida, its successors and assigns, hereinafter designated as the "COUNTY";
I
WITNESSETH
1 THAT WHEREAS, the Miami-Dade Water and Sewer Department, hereinafter
designated as the"DEPARTMENT", operates the sewer system owned by the COUNTY,
and
•
WHEREAS,the OWNER is the fee owner of the real property legally described as:
See Exhibit"A" attached hereto
And the OWNER recognizes and acknowledges that for the public health,welfare,
i s
safety and morale, the herein described property should not be divided into separate
parcels owned by several owners,and in consideration of providing sewer services by the
COUNTY to the subject property at a substantial savings to the OWNER by allowing new
connections to private facilities of the OWNER within the property described above rather
than requiring that the connections be made directly to facilities of the COUNTY located
within dedicated rights-of-way, and for other good and valuable considerations, the
OWNER hereby agrees to restrict the use of the subject property in the following manner
That said properties shall be considered as one plot and parcel of land and that no
portion of said plot and parcel of land shall be sold, transferred, devised or assigned
separately, except in its entirety as one plot or parcel of land. However, the sale of
individual condominium units shall not be prohibited.
t
I _
� I
s
I
GATEWAY PARK,ID#21699
The OWNER further agrees that this condition, restriction, and limitation shall be
deemed a covenant running with the land and shall remain in full force and effect and be
{ binding upon the undersigned, its successors and assigns, until such time as the same
may be released in writing by the Director of the DEPARTMENT, provided, however, that
said release shall only be executed when additional sewer facilities within dedicated rights-
of-way or easements have been properly constructed at no cost to the COUNTY,so that all
portions of the property can be served from adjacent and abutting sewer facilities of the
COUNTY.
The OWNER does hereby fully warrant that it has good title to the above described
property and that it has full power and authority to execute this Unity of Title.
This instrument prepared by:
Douglas Pile, Esq.
New Business Contract Officer
Miami-Dade Water and Sewer Department
3575 S.LeJeune Road
Miami,Florida 33146-2221 .
2-
I
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GATEWAY PARK,ID#21699
4 ;
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.
ATTEST: CITY OF SUNNY ISLES.BEACH, A
FLORIDA MUNICIPAL CORPORATION
� r
By • (31)A2 (SEAL) By `%-/Y/ /=='_. (SEAL)
i
r •
Jane A. Hines Christopher J. Russo
,'':City Clerk City Manager
.AFF CITY SEAL
•Approv a • -.al •in and Suffici cy
•
,W//r/
or,City Attbrney
STAT ,iOF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 2. day of
• gpvic
, 2014, by Christopher J. Russo , as City Manager,
•and Jane A. Hines , as City Clerk, of the City of Sunny Isles Beach, a Florida
municipal corporation of the State of Florida. They are personally known to me or have
produced as identification and did/did not take an oath.
....144,E • LUZ REY
.,, `�= Notary Public.State of Florida
e ^: e •E My Comm.Expires Mar 10,2015
=< -��w�•' Commission 0 EE 72821
Notary Public Bonded Through National Notary Assn.
)—(A
• print namg Serial Number
Approved for Legal Sufficiency:
SAVACkf- -FSAA Da/U1-24;3
Zaba S. ast ,,Esq., ew Business Manager
Assistant County Attorney For J J. n W. R- • row,P.E., Director •
Miami-Da•- ,,ater and Sewer Department
•{
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GATEWAY PARK, ID#21699
EXHIBIT "A"
OF
UNITY OF TITLE
• CITY OF SUNNY ISLES BEACH
LEGAL DESCRIPTION
Lots 2, 3, 4, 5, 6, 7, and 8, SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 50, at Page 76, of the Public
Records of Miami-Dade County, Florida.
i
•
P
"A"1of1
ilk 1
TO:
VIA:
FROM:
DATE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
Bill Evans, Assistant City Manager
4/17/2014
RE: Resolution Approving an Agreement for Sanitary Sewer Facilities
Between Miami -Dade County and the City of Sunny Isles Beach
for the Gateway Park.
RECOMMENDATION:
Staff is recommending the City Commission approve the attached resolution.
REASONS:
The City of Sunny Isles Beach desires sewer services to be rendered at the
Gateway Park located at 151 Sunny Isles Boulevard. The Miami -Dade Water and
Sewer Department operates the sewer system owned by Miami -Dade County.
Staff highly recommends the City Commission approve the Resolution and
approve the standard agreement for sanitary sewer facilities between Miami -
Dade County and the City of Sunny Isles Beach.
ATTACHMENTS:
• Resolution
• Agreement
Agenda Item No IOD
Date 4/17/2014
146