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HomeMy WebLinkAboutReso 2015-2492 RESOLUTION NO. 2015 - 2.1-1q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE 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 TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach requires sanitary sewer services to be rendered at the Gateway Park located at 151 Sunny Isles Boulevard; and WHEREAS, the Miami-Dade Water and Sewer Department operates the sewage system owned by Miami-Dade County; and WHEREAS, on April 17, 2014 via Resolution No. 2014-2223 the City Commission approved an Agreement between Miami-Dade County and the City of Sunny Isles Beach for Sanitary Sewer Facilities at Gateway Park; and WHEREAS, the City desires to renew the 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. Ratification of Agreement. The City Commission hereby ratifies the Agreement between Miami-Dade County and the City of Sunny Isles Beach for Sanitary Sewer Facilities at Gateway Park, attached hereto as Exhibit "A". Section 2. Authority of the City Manager. The City Manager is 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 19th day of Novem. .r 2015. Georg: . Scholl, Mayor 1 ATTEST: � I i\ aLmo i Jane A':Hi`nes, MMC, City Clerk APPROVEI):�• S TO FORM AND LEGA , FFICIENCY: ea/ ii4i" ag Ottinot, City Attorney Moved by: Clbs Second by: Vc-c_e Y I ©1 CO TTO VOTE: 5-0 Mayor Scholl yes t/ o Vice Mayor Gatto yes Vpo Commissioner Aelion yes ✓no Commissioner Goldman yes t/ o Commissioner Levin yes ✓ no 2 CFN: 20150634460 BOOK 29800 PAGE 2665 DATE:10/02/2015 10:06:01 AM • HARVEY RUVIN,CLERK OF COURT, MIA-DADE CTY • • - GATEWAY PARK, ID#21699a • AGREEMENT • FOR SANITARY SEWER FACILITIES • BETWEEN MIAMI-DADE COUNTY • AND CITY OF SUNNY ISLES BEACH This instrument prepared by: • Douglas Pile, Esq. • New Business Section . Miami-Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 • • Exhibit"A" • • CFN:20150634460 BOOK 29800 PAGE 2666 GATEWAY PARK, ID#21699a THIS AGREEMENT, made and entered into at Miami-Dade County, Florida, this 1. day of Oen‘le`- , 2015, 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 municipal 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 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. 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 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 Page 2 of 13 CFN:20150634460 BOOK 29800 PAGE 2667 GATEWAY PARK, ID#21699a 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 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 a new 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. 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 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. Page 3 of 13 CFN:20150634460 BOOK 29800 PAGE 2668 GATEWAY PARK, ID#21699a 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. If the-property requires a new sewer lateral connection, the COUNTY owns and operates an existing eight(8) inch gravity sewer main (as-built ES- 349-24) located in Sunny Isles Boulevard partially abutting the southern boundary of the property, to which the CITY shall connect for sewer service to the property, provided there is sufficient depth and that there are no obstacles which would preclude construction of the sewer. 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 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. Page 4 of 13 CFN:20150634460 BOOK 29800 PAGE 2669 • GATEWAY PARK, ID#21699a 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 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 Page 5 of 13 CFN:20150634460 BOOK 29800 PAGE 2670 GATEWAY PARK, ID#21699a 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, subject to the limitations of Section 786.28, Florida Statutes. 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 4 hereinabove. 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 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. Page 6of13 CFN:20150634460 BOOK 29800 PAGE 2671 GATEWAY PARK, ID#21699a 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 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 Page 7 of 13 • CFN: 20150634460 BOOK 29800 PAGE 2672 GATEWAY PARK, ID#21699a 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. If the CITY installs a public gravity sewer main, then the CITY warrants that the public 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 public 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 mains 50 The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY and which is authorized to write bonds of such character and amount under . the laws of the State of Florida. A surety company must have a Best's Key Rating Guide General Policyholder's Rating of"A"or better and a Financial Category of Class"V"or better or be acceptable to the COUNTY. The attorney-in-fact or other officer who signs a bond must 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 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 Page 8of13 CFN:20150634460 BOOK 29800 PAGE 2673 GATEWAY PARK, ID#21699a 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 fora 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, subject to the limitations.of Section 786.28, Florida Statutes. 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 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. Page 9of13 CFN:20150634460 BOOK 29800 PAGE 2674 GATEWAY PARK, ID#21699a 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 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 Page 10of 13 CFN: 20150634460 BOOK 29800 PAGE 2675 GATEWAY PARK, ID#21699a 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 that certain Agreement for Sanitary Sewer Facilities for"Gateway Park", ID#21699, dated May 12, 2014, as recorded in Official Records Book 29152, at Page 2347, of the Public Records of Miami-Dade County, Florida, 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. Page 11of13 CFN: 20150634460 BOOK 29800 PAGE 2676 GATEWAY PARK, ID#21699a 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 • Mk ‘1"lie • r-N By: ‘16, 140. / Y\ di ( N Sandr• Alvarez, Ne . = • -'ness Manager print name For:Leste,e• ., Director Miami-Dade Water and Sewer Department a . 246' ua. V signatu e. ze•e-izo- . print name STATE OF FLORIDA COUNTY OF MIAMI-DADE • Ti foregoing instrument was acknowledged before me this / day of l2015, by Sandra(° y d a Alvarez, New Business Manager,for Lester Sola, Director, of the Miami-Dade Water and Sewer Department,who is personally known to me and did not take an oath. iii. will NO • 'C ;2o+rA °`mss DENISE CHUNG ` ;,o ,.,\: Notary Public•State of Florida .;,,:;;;Z,./.1 My Comm.Expires Aug 12,2018 y C›,Vit e ✓ r o��;,,.• Commission#r FF 113828 print n e G� / Serial Number • Page 12of13 • CFN:20150634460 BOOK 29800 PAGE 2677 • GATEWAY PARK,ID#21699a • • ATTEST: . CITY OF SUNNY ISLES BEACH, _- A FLORIDA MUNICIPAL • CORPORATION 01)1 'kfo ,By ' ,�—`�� (SEAL)By: (SEAL) .fie A. Hines Christopher J. Russo `'CCity Clerk City Manager 4r- IX CITY SEAL • Approv .s ��j •: Form and Sufficiency ka City •ttorney STATE OF FLORIDA COUNTY OF MIAMI-DADE • The foregoing instrument was acknowledged before me this // /6 day of Se p C e w be , 2015, 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. / •,, ,.,, LUI itEV Notary f'nbllo•State of Florida Commission I fF 201113 Notary Public Moemtroum Ech wares Mr N ay10.2M • • print name! • Serial Number Approved for Legal Sufficiency: __ _ . •Assi'ant County Attorney • Page 13of13 • CFN:20150634460 BOOK 29800 PAGE 2678 GATEWAY PARK;ID#21699a - 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 . • • CFN: 20150634460 BOOK 29800 PAGE 2679 •. . , niaM in • MIAMI - DADE WATER AND SEWER DEPARTMENT COUNTY • N• W E • 17050 l • I 17(102 1 +0 S I r.:1____ '� 17021 • . L---—_17011 J II� -1r-- f 16830 • • _ 2 17001 i---._ \ y • uj 67 1 • 18919 _ __>— . \ _ _ __r �_ 1- 16909 I 16700 �-UO • ----- ---SUNNY-ISLES BLVD------ ---------- 16 01 • SUNNY ISLES RAMP •SUNNY LEJir2Z7 ISLES RMP _ . ---°- - i 160 T p (- �`�`, ,~ 1'669 =--. :'-.--400 _ 3501` i ._ 300 le 250 I�200 150 1 6�8 230 ------ - -' `- ( / J (7 ) `\✓ 16500 16400 / - - - -- �J. fir/ • 277 7� 1 285 #� • 279 \ 1-`i l �'•-j7`� 1 842' • • 83 283267 U ,/ 1292o1 3 I ATLANTIC.ISCE 1 �0 `-_ • 299 - ._ _' _ 200 —162-7-6-- 7 7+ .•-111M!.-250" 4 41234 + 214 10j — 2� 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- AUGUST 10,2015 • • • • • CFN:20150634460 BOOK 29800 PAGE 2680 GATEWAY PARK, ID#21699a 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 gpoll 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 • • • CFN: 20150634460 BOOK 29800 PAGE 2681 • GATEWAY PARK, ID#21698a • • TYPES OF LAND USES(CONTINUEDI • 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 sc1 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"2of2 • • • • • 4 CFN:20150634460 BOOK 29800 PAGE 2682 GATEWAY PARK, ID#21699a EXHIBIT "C" OF.AGREEMENT . BETWEEN MIAMI-DADE COUNTY • AND • CITY OF SUNNY ISLES BEACH BUILDING CONNECTION SCHEDIJLg . TYPE AND NUMBER OF UNITS GALLONAGE COMPLETION OF • (gpd) BUILDING CONNECTION Connect to the.County's sewer system: Public park for 79 persons 395 2015—2016 .• 17,420 sq-ft of banquet hall(w/out kitchen) 2,613 2015 —2016 627-sq-ft of fast food restaurant 314 • • 2015 - 2016 Demolish 36,223 sq-ft of retail previously • to the County's sewer system -3,622 (credit) N/A "C"1 of 1 • GATEWAY PARK, ID#21699a - ATS `:pF CITY OF SUNNY ISLES BEACH, A FLORIDA MUNICIPAL CORPORATION '- B �.. i, B y:;f' '1 / (SEAL) r (SEAL)• E! Jane A. Hines Christopher J. Russo City Clerk City_Manager AFFIX CITY SEAL . Approved . o -•.:Form and Sufficiency . "City Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE • The foregoing instrument was acknowledged before me this '/ . day of Jcp , 2015, 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. .�.� a nue'''' i..;nl ic -State o firatd a ` = Cnmiisloll FF 201113 M21p2019 Notary Pub c „looms'' uZe print name Serial Number Approved for Legal Sufficiency: • �.ctA -�- .PcL f o 9(25()n- Assittant County Attorney Page 13of13 • GATEWAY PARK, ID#21699a • 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 \ Al. - ..ig lature By: jr( ►� Sand a Alvarez, w Business Manager print name For: Lester Sola, Director Miami-Dade Water and Sewer Department cetieci '' ./41-6. sig ture /4.4 a. 8f/rzo print name STATE OF FLORIDA COUNTY OF MIAMI-DADE 9 T e f regoing instrument was acknowledged before me this / day of 6e-7 , 2015, by Sandra Alvarez, New Business Manager, for Lester Sola Y � 9 Sola, Director, of the Miami-Dade Water and Sewer Department, who is personally known to me and did not take an oath. r. to_ ,o,�"" . °49""„ DENISE CHUNG otary P • •- 4 :•-"Y Notary Public-State of Florida ,r: u,- : My Comm.Expires Aug 12,2018 ' ':;'��P' Commission# FF 113828 --—-1- a4/.'it 4 9 6e9 f�ii,o` print name �/� Serial Number Page 12 of 13 r Item Coversheet Page 1 of 1 City of Sunny Isles Beach .7� - z 18070 Collins Avenue Sunny Isles Beach,Florida 33160 o- .,k• (305)947-0606 City Hall o,s ' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo,City Manager FROM: Elka Linton-Dorsett, Capital Projects Manager DATE: 11/19/2015 Resolution Ratifying the Agreement between Miami- RE: Dade County and Sunny Isles Beach for Sanitary Sewer Facilities at Gateway Park RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution REASONS: The City of Sunny Isles Beach requires sanitary sewer services to be rendered at the Gateway Park located at 151 Sunny Isles Boulevard.The Miami-Dade Water and Sewer Department owns and operates the sanitary sewer system within the City. -Resolution 2015-2223 previously approved by the City Commission in April 2014 authorized the City to execute an agreement between Miami-Dade County Water and Sewer Department and the City of Sunny Isles Beach for the provision of sanitary sewer services at the Gateway Park.This agreement has since expired. A new agreement has been executed by the City, the ratification of which is now requested. ATTACHMENTS: Description Resolution Agreement Item Number: 10.F. http://suimyisles.novusagenda.comlAgendaWeb/CoverSheet.aspx?Tteml D=1780 11/12/2015