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HomeMy WebLinkAboutReso 2014-2318RESOLUTION NO. 2014 - 2�S 15= 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 SAMSON OCEANFRONT 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 Samson Oceanfront 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 Samson Oceanfront 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 Samson Oceanfront Park, attached hereto as Exhibit "A ". Section 2. Authoritv of the Citv 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 16 " day of October 2014. ATTEST:' - Jane A. Hines. MMC, City Clerk ARP ROVED a S TO FOR AI AND.kWA4,/ JGFICIENC Attorney VOTE: S Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved bv: J Ce Second by: LMW L 4n 12��l t on) Tb Ves ✓no yesi/no yes�/no yes ✓ no yes l7 no • CFN: 20140788693 BOOK 29391 PAGE 1023 DATE:11/14/2014 02:18:27 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY SAMSON OCEAN FRONT PARK, ID#21988 AGREEMENT FOR SANITARY SEWER FACILITIES BETWEEN • MIAMI-DADE COUNTY AND • CITY OF SUNNY ISLES BEACH This instrument prepared by: Nora Palou Miami-Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 / • SAMSON OCEAN FRONT PARK, ID#21988 THIS AGREEMENT, made and entered into at Miami-Dade County, Florida, this day of 0,7A/ iZ- , 2014, by and between Miami-Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY", whose mailing address is: c/o Miami-Dade Water and Sewer Department, P.O. Box 330316, Miami, Florida 33233-0316, and the City of Sunny Isles Beach, a political subdivision incorporated under the laws of the State of Florida, hereinafter designated as the "DEVELOPER", whose mailing address is: 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160-3635 WITNESSETH: WHEREAS, the DEVELOPER desires to replace a sewer lateral providing sewer service to the property owned by the DEVELOPER, and WHEREAS, the Miami-Dade Water and Sewer Department, hereinafter designated as the "DEPARTMENT", operates the sewer system owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: 1. DEVELOPER'S PROPERTY. The DEVELOPER 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 "DEVELOPER'S property". The DEVELOPER has proposed the replacement of a sewer lateral providing sewer service to the DEVELOPER'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. WAIVER. No delay or failure to exercise a right under this Agreement or any other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or indulgence of any breach of this Agreement or series of breaches shall be deemed or construed as a waiver of any other breach of same or as voiding or altering any other obligation of the parties under this Agreement or any other Agreement. No order or directive given by the COUNTY or its agents shall be considered as waiving any portion of this Agreement unless done in writing by a person having actual authority to grant such waiver. Page 2 of 12 SAMSON OCEAN FRONT PARK, ID#21988 3. DEVELOPER ACKNOWLEDGMENT. The DEVELOPER hereby acknowledges and agrees that any right to connect the DEVELOPER'S property to the COUNTY'S sewage system is subject to the terms, covenants and conditions set forth in 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, including but not limited to, the Consent Decree entered on.April 9, 2014, in the United States of America, State of Florida and State of Florida Department of Environmental Protection v. Miami-Dade County, Case No. 1:12-cv-24400-FAM, as well as all other current, subsequent or future enforcement and regulatory actions and proceedings. 4.• PROVISION OF SERVICE AND CONNECTION CHARGES. The DEVELOPER intends to construct and replace a sewer lateral providing sewer service to the DEVELOPER'S property representing a no net increase service connection to the COUNTY'S sewer system with this Agreement. No additional building construction or connection is contemplated with this Agreement. Therefore_, this Agreement contains no provision of service to the DEVELOPER'S property and no connection charges are due. 5. OTHER USES ON THE PROPERTY. If the DEVELOPER constructs buildings other than those outlined in paragraph 3 above, or otherwise changes the use of structures built such that paragraph 3 is no longer an accurate description of the uses at the DEVELOPER'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 DEVELOPER. If requested by the DEPARTMENT, the DEVELOPER 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 DEVELOPER'S property. 6. POINTS OF CONNECTION. The COUNTY owns and operates an existing eight(8) inch gravity sewer main (ES-349- (12 &13) located in Collins Avenue, abutting the western boundary of the property, to which the DEVELOPER shall connect and extend an eight (8) inch gravity,sewer easterly across Collins Avenue to the right-of-way (property line) and further within the property as required to provide service to the proposed development, provided that there is sufficient depth and that there are no obstacles that would preclude construction of the sewer facilities.' Any gravity sewer within the property shall be public and eight (8) inch minimum diameter. Other points of connection may be established subject to approval of the DEPARTMENT. Page 3 of 12 SAMSON OCEAN FRONT PARK, ID#21988 7. DESIGN AND CONSTRUCTION OF FACILITIES. The DEVELOPER 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 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 DEVELOPER under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the DEVELOPER 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 DEVELOPER 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 DEVELOPER'S engineer and contractor, shall jointly be present to witness tests for determination of conformance with approved plans and specifications. The DEVELOPER 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 DEVELOPER'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 DEVELOPER 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 DEVELOPER 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. Page 4 of 12 SAMSON OCEAN FRONT PARK, ID#21988 12. COMPLIANCE WITH ALL LAWS. The DEVELOPER, 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 DEVELOPER 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 DEVELOPER is responsible for obtaining all permits as may be required for the work contemplated herein pursuant to the Code of Miami-Dade County. 14. COUNTY AS PERMITTEE. Certain federal, state and county agencies, including but not limited to the State of Florida Department of Transportation, the South Florida Water Management District, the U.S.Army Corps of Engineers and the Florida East Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though the DEVELOPER or the DEVELOPER'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 DEVELOPER 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 DEVELOPER 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 DEVELOPER 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 DEVELOPER shall be liable for all costs in excess of the security. • 15. FACILITIES EASEMENTS If the facilities contemplated herein or any portion thereof are installed within private property outside of public right-of-way, the facilities shall be installed in the center of a fifteen (15) foot wide easement for sewer facilities requiring 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 DEVELOPER. The DEVELOPER 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 DEVELOPER shall remove same, at the DEVELOPER'S cost, at the direction of the COUNTY. The DEVELOPER may place pavers or other structures in the easement area if Page 5 of 12 SAMSON OCEAN FRONT PARK, ID# 21988 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 DEVELOPER 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 DEVELOPER in replacing any such pavers or other structures removed by the DEPARTMENT. 16. 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 DEVELOPER 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 DEVELOPER, a valid and enforceable easement will be vested to the COUNTY. The DEVELOPER shall pay for all recording fees and for all documentary stamps. The details for all conveyances are specified herein. Failure of the DEVELOPER to provide proper conveyances shall be cause for the COUNTY to refuse to render service to the DEVELOPER'S property. 17. 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 DEVELOPER. The properly executed documents shall be delivered to and accepted by the COUNTY. The DEVELOPER 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 satisfactions from all persons who performed work on the DEVELOPER'S property and all persons who incorporate materials into the property, together with a breakdown of the actual cost of said facilities. Concurrently, the DEVELOPER 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. 18. WARRANTY AND MAINTENANCE BOND. The DEVELOPER 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 DEVELOPER shall deliver Page 6 of 12 • SAMSON OCEAN FRONT PARK, ID# 21988 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 sewers 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 DEVELOPER'S contractor as "Principal" and the DEVELOPER and the COUNTY as "Co-obligees" or the COUNTY as sole "Obligee". In the alternative, the DEVELOPER 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 DEVELOPER'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 DEVELOPER 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 DEVELOPER and/or its Surety shall be liable to the COUNTY for all costs arising therefrom. The DEVELOPER also warrants that it shall be solely responsible for the repair of any damages to said facilities caused by persons in its employment. 19. TERM OF AGREEMENT. Both the DEVELOPER and the COUNTY recognize that time is of the essence and that this Agreement shall be deemed null and void and unenforceable if the DEVELOPER fails to comply with any of the following conditions, where applicable: a. After execution of this Agreement, work on the sewer facilities shall Page 7 of 12 SAMSON OCEAN FRONT PARK, ID#21988 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 DEVELOPER 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. 20. INDEMNIFICATION CLAUSE. The DEVELOPER 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 DEVELOPER or its employees, agents, servants, partners, principals, contractors and/or subcontractors. The DEVELOPER 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 DEVELOPER expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the DEVELOPER 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. The provisions in this clause shall survive the termination or expiration of this Agreement. 21. 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 Page 8 of 12 SAMSON OCEAN FRONT PARK, ID#21988 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, or ground conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 22. SERVICE CHARGES. The DEVELOPER agrees to pay to the COUNTY the prevailing service charges for sewage collection and disposal within the DEVELOPER'S property as may be applicable until the responsibility for payment of said charges is properly transferred in accordance with the COUNTY'S regulations. 23. 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. 24. OPINION OF TITLE. With the execution of this Agreement, the DEVELOPER at its own expense shall deliver to the DEPARTMENT an opinion of title for the DEVELOPER'S property, issued by a qualified attorney licensed to practice law in the State of Florida, which states that the DEVELOPER owns fee simple title to the property referred to herein. 25. 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 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 DEVELOPER'S property, so that the COUNTY can adequately determine the demand for sewage disposal capacity and plan for the fair and equitable sewage disposal capacity among the residents of Miami-Dade County. Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the DEVELOPER'S property is transferred or conveyed, the DEVELOPER shall remain liable to the COUNTY for all sums of money and all obligations due hereunder unless released in writing by the COUNTY. Page 9 of 12 SAMSON OCEAN FRONT PARK, ID#21988 26. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements and representations, whether oral or written, between the DEVELOPER and the COUNTY and made with respect to the matters contained herein and when duly executed constitutes the complete Agreement between the DEVELOPER and the COUNTY. 27. 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. 28. 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 DEVELOPER shall pay all recording fees. 29. 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. 30. SEVERABILITY. If any section, subsection, sentence, clause or provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected by such invalidity. Page 10 of 12 SAMSON OCEAN FRONT'PARK, ID#21988 - 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. - WITNE ETH: MIAMI-DADE COUNTY I/ Alt_ _ _ _ . signat _ I By: 1JN1 1'IC IL I §�,To ko, Devel pment Co dinator a. .. name For: Bill Johnson, Director Miami-Dade Water and Sewer Department ter ••= ure —(7-1 /7/XL" //7• . print name STATE OF FLORIDA • COUNTY OF MIAMI-DADE Th . forego' instrument was acknowledged before me this 4. day of /�!/P�l ,-1 , 2014, by Tom Marko, Development Coordinator, for Bill Johnson, Director, of the Miami-Dade Water and Sewer Department, who is personally known to me and did not take an oath. iii.-- . :_.,....._....„...„„_,..___..„...„..„.4................„_...„._-4" . -- Notat ;o�'" •. DENISE CHUNG '?' �� '`B,i Notary Public-State of Florida f ' -.,0,,,s_ _%.,agi My Comm.Expires Aug 12.2018 E < %,E O. ,q,,•' Commission # FF 113828 print name 7 Serial Number • Page 11of12 • SAMSON OCEAN FRONT PARK, ID#21988 • ATTEST: CITY OF SUNNY ISLES BEACH, A : . : MUNICIPAL CORPORATION OF THE STATE OF FLORIDA • �• B �G �/ y: �1 J.ne A. Hines, Norman S. Edelcup, • cCity Clerk Mayor • AFFIX CITY SEAL Approved as to Legal Form and Sufficiency rani O" not, City Attorney • STATE OF FLORIDA • COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this atill day of NCA*Ntlee— , 2014, by Norman S. Edelcup, as Mayor, and Jane A. Hines, as City Clerk, of City of Sunny Isles Beach, a municipal corporation of the State of Florida. • • They are personally known to me did not take an oath. II 0'''''4., .MAURICIO BETANCUR �r ■— �� Notary Puptic=State of Florida tip*�'r �+•S My Comm.Expires May 4,2017 .�`_//4LI I %,., �S�a Commission#EE 879454 Nota Public " ," Bonded Through National Notary Assn. • k va-te.A0 b c, 2 cc 4�g4�y print name Serial Number Approved for Legal Sufficiency: Assi'ant Cot Ty Attorney ige 12 of 12 SAMSON OCEAN FRONT PARK, ID# 21988 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF SUNNY ISLES BEACH LEGAL DESCRIPTION The south 100 feet of the north 300 feet of Tract 3 of Tatum's Subdivision of Government Lot 6, recorded in Plat Book 10,page 64, Miami-Dade County,FL, containing 45,092 feet+/- 1.028 acres. Also the South 100 feet of the North 300 feet of Tract 3, lying east of SR Al A, Government Lot 6, Tatum's Subdivision, according to the Plat thereof recorded in Plat Book 10, at page 64, of the public records of Miami-Dade County, Florida. Property bounded on the east by the Erosion Control Line of the Atlantic Ocean, said line recorded in Play Book 134,page 47 of the public records of Miami-Dade County contains 44,784 square feet+/- 1.028 acres "A" 1 of 1 MIAM •: MIAMI - DADE WATER AND SEWER DEPARTMENT 3 COUMY ii ?' I 1 17632 I 1 VV+E 7555. -- I I I S 1 17555 1 17550 I 1 I I --- --! 1 10 175TH TER 17501 j m I I j I 17534 -- I I . 1krv-74TH ST 18 7 1 I a I I I - I 210 17375 ob z I I - ---- I -� I / I I o - i_________________ _ _ __I 1 17315 it I 17200 I I 17275 I I j I i I EXHIBIT "A"- 1 SAMSON OCEAN FRONT PARK = AGMT ID# 21988 LOCATION SKETCH. FOLIO# 31-2211-004-0170 & 0210 SCALE:N.T.S MIAMI-DADE COUNTY SEC 11-52-42 -THIS IS NOT A SURVEY- AUGUST 5, 2014 SAMSON OCEAN FRONT PARK, ID#21988 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 Installation of sewer main facilities only. No building construction or connection contemplated with this Agreement. N/A N/A "C" 1 of 1 'NOTE: The title search period for this original Opinion must cover the dme period to within 30 days prior to submittal of signed water and sewer agreements or an assignment. FOR WARRANTY DEEDS, EASEMENTS, COVENANTS AND UNITIES OF TITLE, THE OPINION MUST COVER THE TIME PERIOD THROUGH THE DATE OF EXECUTION OF THE DEED, EASEMENT, COVENANT OR UNITY. The opinion for all LLC agreements and N.V. property owner corporations must state that the person(s) signing the agreement or legal document has the legal power and authority to sign on behalf of and bind the entity. MIAMI -DADE COUNTY MIAMI -DADE WATER AND SEWER DEPARTMENT OPINION OF TITLE To: MIAMI DADE COUNTY, a political subdivision of the State of Florida. With the understanding that this original opinion of Title is furnished to MIAMI -DADE COUNTY, FLORIDA, as an inducement for execution of an agreement covering the real property hereinafter described or for acceptance of a warranty deed, easement, covenant or unity of title, as applicable, it is hereby certified that I (we) have examined the City records for City of Miami Samson Ocean Front Park (or the Property"), as described below: I have searched the Miami Dade County Property Appraiser Public Records and certain City of Miami Municipal Records concerning the City of Miami Facility named Samson Ocean Front Park, 17451 Collins Avenue, Sunny Isles Beach, Florida 33160, having the following Folio Number: 31- 2211-004 -0170 & 0210 (Legal description as it 000eors In aoreement or legal document) Basing my (our) opinion on said complete abstract or title polity covering said period I (we) am (are) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested In: CITY OF SUNNY ISLES BEACH a Florida Municipal Corporation Subject to the following liens, encumbrances and other exceptions: GENERAL EXCEPTIONS 1. All taxes for the year In which this opinion Is rendered, unless noted below that such taxes have been paid. 2. Rights of persons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions Imposed by governmental authority SPECIAL EXCEPTIONS ❑ No special exceptions exist ❑ Special exceptions (Indicate details on separate sheet) None of the exceptions listed above will restrict the use of the property for the purposes set forth in the water and sewer agreement, assignment, warranty deed, easement, covenant and unity of title, as applicable. I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice law In the State of Florida, and am a member In good standing of the Florida Bar. Respectfully submitted this day of , 2014 Rafael E. Suarez - Rivas, Esq. ASSISTANT CITY ATTORNEY OFFICE OF THE CITY ATTORNEY 444 S.W. 2ND Avenue, Suite 945 Miami, Florida 33130-1910 (305) 416 -1800 Florida Bar# y ➢9 �O it ♦' ♦� Or 5Uµ TO VIA: FROM 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, Public Works Director DATE: 10/16/2014 RE: Resolution Approving an Agreement for Sanitary Sewer Services with Miami -Dade County for Samson Oceanfront Park RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: Samson Park is a project in the adopted Capital Improvement Plan. Programmed improvements include, among others, expanding the public restrooms and installing a properly sized and routed sanitary sewer lateral. Sanitary sewer service for the park is provided by Miami -Dade Water and Sewer Department. In order to undertake the above referenced improvements, a Sanitary Sewer Agreement is required between Miami -Dade County and the City of Sunny Isles Beach. This agreement is a standard instrument entered into by the City for sanitary sewer service provision at all facilities.