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HomeMy WebLinkAboutReso 2008-1280 RESOLUTION NO. 2008-...t6.Z-0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE APPROVAL OF AN AGREEMENT WITH MIAMI-DADE WATER AND SEWER DEPARTMENT FOR SANITARY SEWAGE FACILITIES IN THE ATLANTIC ISLES SPECIAL ASSESSMENT DISTRICT, IN THE TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-FIVE THOUSAND NINE HUNDRED SIXTY-SEVEN DOLLARS AND TWENTY-FIVE CENTS ($145,967.25), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.01, Florida Statutes, authorizes local governing bodies to enter into agreements for the mutual benefit of governmental units; and WHEREAS, the City of Sunny Isles Beach desires to construct sanitary sewer facilities for future service to be rendered to properties in the Atlantic Isles Special Assessment District; and WHEREAS, the Miami-Dade Water and Sewer Department operates the sewage system owned by Miami-Dade County; and WHEREAS, the City of Sunny Isles Beach intends to connect to the County's sewer system sixty-one (61) existing single-family residence currently connected to the North Miami Beach water system; and WHEREAS, the City shall pay to Miami-Dade Water and Sewer Department One Hundred Nineteen Thousand Five Hundred Sixty Dollars ($119,560.00) for the sewer connection; Seven Thousand Five Hundred Fifty Dollars ($7,550.00) for a sewer construction connection charge for the installation by the County of telemetering equipment for the sewage pumping station to be constructed by or for the City; and Fee Computations (DERM- Water Control) Calculated Fee Amount of Eighteen Thousand Eight Hundred Fifty-Seven Dollars and Twenty-Five Cents ($18,857.25) to Calvin, Giordano & Associates, Inc., in a total amount not to exceed of One Hundred Forty-Five Thousand Nine Hundred Sixty-Seven Dollars and Twenty- Five Cents ($145,967.25); and WHEREAS, the City Commission finds that entering into this Agreement with the Miami-Dade Water and Sewer Department is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratification of Approval of Agreement. The approval of the Agreement with Miami-Dade Water and Sewer Department, in the total amount not to exceed of One Hundred Rl008- RatifY Agmt wMiamj Dade Water & Sewer Dept re Atlantic Isle Sewage Facility Page I of2 Forty-Five Thousand Nine Hundred Sixty-Seven Dollars and Twenty-Five Cents ($145,967.25) for sanitary sewage facilities in the Atlantic Isles Special Assessment District, attached hereto as Exhibit "A", be and the same, is hereby ratified. Section 2. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of June 2008. ATTEST: ~~.~~ Jane A. Hines, CMC, City Clerk Moved by: c })~ GObt1"t\At0 Cl~~~ ~~ltJ Seconded by: Vote: ~-O - 2- Mayor Edelcup Ak~ Vice Mayor Thaler Commissioner Brezin Commissioner Goodman \ . II Commissioner Scholl ~S~ _(Yes) \,./"'cY es ) 0Yes) ~es) _(Yes) _(No) _(No) _(No) (No) _(No) R2008- RatifY Agmt wMiami Dade Water & Sewer Dept re Atlantic Isle Sewage Facility Page 2 of2 Exhibit "A" SUNNY ISLES BEACH CGA PROJECT 05-4893, ID# 20124 AGREEMENT FOR SANITARY SEWAGE FACILITIES BETWEEN MIAMI-DADE COUNTY AND CITY OF SUNNY ISLES BEACH This instrument prepared by: Michael Suchogorski New Business Supervisor New Business Section Miami-Dade Water and Sewer Department 3575 S. Lejeune Road SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 THIS AGREEMENT, made and entered into at Miami-Dade County, Florida, day of , 2008 by and between this 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 City of Sunny Isles Beach, a political subdivision incorporated under the laws of the City of Sunny Isles Beach, a political subdivision incorporated under the laws of the State of Florida, hereinafter designated as the "CITY", whose mailing address is: 18070 Collins Avenue, Sunny Isles Beach, FI, 33160. WIT N E SSE T H: ---------- WHEREAS, the CITY desires to construct sanitary sewer facilities for future service to be rendered to certain properties within the CITY limits, the boundaries of which properties are pictured in Exhibit "A" attached hereto and made a part, and WHEREAS, the Miami-Dade Water and Sewer Department, hereinafter designated as the "DEPARTMENT", operates the sewage 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: SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 1. CITY'S PROPERTY. A certain tract of land in Miami-Dade County, Florida, more specifically located within the CITY limits, and which is legally described in Exhibit "A" attached hereto and made a part hereof, is 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 Settlement Agreement between the State of Florida Department of Environmental Protection, hereinafter designated as the "DEP", and the COUNTY dated July 27, 1993, the First Amendment to Settlement Agreement between DEP and the COUNTY dated December 21, 1995, the First Partial Consent Decree and the Second and Final Partial Consent Decree entered in United SUNNY ISLES BEACH CGA PROJECT 05-4893, 10# 20124 States of America Environmental Protection A~ency (EPA) vs. Metropolitan Dade County (Case Number 93-1109 CIV-Moreno), as currently in effect or as amended or modified in future agreements and all other current, subsequent or future agreements, the consent order between DEP and the COUNTY filed on April 4, 2004, court orders, judgments, consent orders, consent decrees and the like entered into between the COUNTY and the United States, State of Florida and/or any other governmental entity, and all other current, subsequent or future enforcement and regulatory actions and proceedings. 4. PROVISION OF SERVICE AND CONNECTION CHARGES. The CITY'S property is located within the City of North Miami Beach ("NMB") water service area. The COUNTY will dispose of sanitary sewage from the CITY'S property. The CITY shall pay water and sewer connection charges to the COUNTY for all those units to be connected 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 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 sewer service, or vice-versa. The connection charge is based on the average SUNNY ISLES BEACH CGA PROJECT 05-4893, 10# 20124 daily gallons per day for the various building units and/or use as shown on Exhibit "B" attached hereto and made a part hereof, multiplied by the applicable rate established by the COUNTY. The CITY intends to connect to the COUNTY'S sewer system sixty-one (61) existing single-family residences currently connected to the NMB water system. Therefore, the agreed total average daily gallonage is twenty-one thousand three hundred fifty (21,350) gallons, resulting in a sewer connection charge in the amount of one hundred nineteen thousand five hundred sixty dollars ($119,560.00), which amount shall be paid by , the CITY to the DEPARTMENT with the execution of this Agreement. The CITY acknowledges that, in the event the connection charge per gallon as specified herein increases prior to provision of service to the property, the CITY shall pay to the DEPARTMENT the difference between the connection charge previously paid and the connection charge as would be due as computed using the increased rate. The DEPARTMENT'S current sewer connection charge rate is five dollars and sixty cents ($5.60) per gallon per day. The sewer connection charge rates are subject to revision by the Board of County Commissioners at any time. The DEPARTMENT shall not, under any circumstances, render sewer service to the 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. If additional capacity is required, connection charges, SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 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 provision of sewer service by the COUNTY for the CITY'S property. 6. POINTS OF CONNECTION. The COUNTY owns and operates an eight (8) inch gravity sewer main located in Collins Avenue from which the CITY shall connect and install an eight (8) inch sewer force main westerly in Atlantic Avenue for fifty feet, thence continue with a six (6) inch sewer force main installation westerly in Atlantic Avenue to a point where the CITY shall construct a new public sewage pumping station, thence eight (8) inch gravity sewer mains as required to abut and provide service to all lots within the CITY'S property. 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, sewer force mains, sewage pumping stations, and all appurtenances thereto for a complete installation. The final design and construction of the facilities shall meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" for water and/or sewer service, shall be in accordance with the latest revision of the DEPARTMENT'S "Design and SUNNY ISLES BEACH CGA PROJECT 05-4893, 10# 20124 Construction Standard Specifications and Details", and shall be subject to approval by the DEP ARTMENT. 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. 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. SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 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. SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 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'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. TELEMETERING CONSTRUCTION CONNECTION CHARGE. The CITY shall pay a sewer construction connection charge to the COUNTY in the amount of seven thousand five hundred and fifty dollars ($7,550.00) for the installation by the COUNTY of telemetering equipment for the sewage pumping station to be constructed by or for the CITY. The DEPARTMENT shall not, under any circumstances, render water and/or sewer service to the property until such time as the construction connection charge(s) specified herein have been paid in full. SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 16. 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 sewage system and connection approval, as specified in paragraph three (3) herein, However, in no event will the COUNTY be obligated to supply any more sewage treatment capacity in anyone 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 supply and 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. 17. 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 three (3) hereinabove. However, it is SUNNY ISLES BEACH CGA PROJECT 05-4893, ID# 20124 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. 18. 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 CITY prior to the COUNTY'S rendition of sewer service to the CITY'S property. The CITY may not place any 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 structures in the easement area if such structures can be removed, with minimal effort by the DEPARTMENT, in the event that such structures need to be removed in order for the DEPARTMENT to make use of the easement; the CITY places such structures in the easement area at his own risk, and the DEPARTMENT shall SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 not be liable for any costs incurred by the CITY in replacing any such structures removed by the DEPARTMENT. 19. CONVEYANCE OF TITLE. Conveyance of all easements and fee simple title 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 or applicable property owner 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 or applicable property owner, a valid and enforceable easement and/or fee simple title will be vested to the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. The CITY or applicable property owner shall convey to the COUNTY fee simple title to the property on which the sewage pumping station, to be owned by the COUNTY, is situated, subject only to title exceptions and restrictions that are acceptable to the COUNTY. The land so conveyed shall be sufficient for ownership and proper operation by the COUNTY of said station. The details for all conveyances are specified hereinabove. Failure of the CITY to provide proper conveyances shall be cause for the COUNTY to refuse to render service to the CITY'S property. 20. 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, and warranty deed for execution by the CITY or applicable party. The properly I' SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 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 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, Three (3) sets of the appropriate manuals for operation of any sewage pumping station and other mechanical and electrical equipment to be owned by the COUNTY along with three (3) certified surveys for the sewage pumping station site, after completion, shall also be included, In addition, a letter from Miami-Dade County Department of Planning and Zoning showing the address issued to the sewage pumping station site will be required, 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. 21, 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. SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 Simultaneously with the conveyance of the sewer facilities, the CITY shall deliver to the COUNTY an executed maintenance bond, which guarantees the warranty. If it becomes necessary to repair and/or replace any of the facilities during the initial one (1) year period, then the warranty as to those items repaired and/or replaced shall continue to remain in effect for an additional period of one (1) year from the date of final acceptance by the COUNTY of those repairs and/or replacement. The bond shall be in the amount equal to the sum of those portions of the actual cost of construction of said facilities as follows: Types of Facilities Percentaqe of Actual Construction Cost Sewer force mains 25 Gravity sewers 50 Sewage pumping stations and related facilities 100 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 SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 COUNTY against losses resulting from any and all defects in materials or improper performance of work. If there is no building construction underway within the CITY'S property at the time of conveyance, the COUNTY shall have the right to require that the term of the Maintenance Bond be extended for a period not to exceed an additional two (2) years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such defects which are discovered within the warranty period or periods as set forth above, failing which the COUNTY shall make such repairs and/or replacements of defective work and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all costs 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. 22. 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 water and/or sewer facilities shall commence within one hundred eighty (180) 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 water and/or sewer facilities throughout the day on each full working day, weather SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 permitting. b. Once the CITY commences work on the water and/or sewer facilities, said work cannot be suspended, abandoned, or not in active progress for a period exceeding one hundred eighty (180) 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. 23. INDEMNIFICATION CLAUSE. Subject to the limitations contained in Section 768.28 Florida Statutes, 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 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. SUNNY ISLES BEACH CGA PROJECT 05-4893, ID# 20124 24. 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. 25. 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. SUNNY ISLES BEACH CGA PROJECT 05-4893, 10# 20124 26. 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. 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 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. SUNNY ISLES BEACH CGA PROJECT 05-4893, 10# 20124 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 two (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. SUNNY ISLES BEACH CGA PROJECT 05-4893, 10# 20124 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 signature By: print name John W. Renfrow, P.E., Director Miami-Dade Water and Sewer Department signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2008, by 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. Notary Public Serial Number print name SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 ATTEST: CITY OF SUNNY ISLES BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FRIDA By: ~lhL 4 ~ By: City Clerk (Affix City Seal) The foregoing instrument was acknowledged before me this a .f\.d day of ::r u I\.~ , 2008, by ~ A-vve- A. ~"'e...s , City Clerk, and ~. ~uh{\ S~~ ,City Manager, of the City of Sunny Isles Beach, who are personally known to me and did not take an oath. ~~lirLU~ Notary ubhc ~~l\~~ler (.v~lk.(L print name ~t3-Y Pv~ . Not2ry P, Iblic Stille of Florida 11 .,0 .1 ~ Priscill?' .'Ip.' ,r,a!~8 . ; ~fb'; My (;;),I:rll~;..'or' [1['148519 ~) OF ,..<if Explie~ (F /24i20 ~ I) - -- Serial Number Approved for Legal Sufficiency Assistant County Attorney Correctness: Page 21 of 21 II ~\c: ::r-,l ~ ."~ r<)il"oT :" I ("1 J .2~P'~-I ~30"-. ~_~,!~'J. 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I. i1 I~ 1 I I I I 1 J :);1 ~I' >; .~0 ~, " 111 ,;~ i! ~ Ji... nt '~l~ j~~ l>t:-,: ~:1 ~~.~~ .~ ~"i ,;~t ~ ~ ~ ~<';~ ~;:.:: ",;::' .~-:. ~ " ~ ,C :, i~ " ~. ,. ~ " .;i-'\ \ ' ~ , ' H ,...,i , ;.. I:.... '-\5 ~~ j :~ l' ; ~ rH ~~. lI.~ q\~ ;..j ;~6 r~~ :< ..~\.. !! li -~ ~ <~(~ ~. ~.:' 1 ~ ~ '.~ -,;. '~ , ,~ ~..~ f" ~ ~ :{l. t " " < ~ :~ ',~ :ij 0: c- ~ ~. .~ ~:; ':~~.,,~~~~~ .~ ~ ~ ~~'~~e~~~~ ~ t' i I I II b~ .~. .tt~~.. ~ ! ~--:. ~~ ]~i.:i;~ v.-S~: a~C::l-...6_ ~ .. ~ .(;;'bl:' ~i~ t!l~llli ~-<~ -I. ~t. ~~~ 2~~~ i~~~~l11\ilt 'tl ~l".:~~~ ~ ~l ~ ~! ';;~~ I jl}~! j !!limE , ~ " ':.) .';''1 '~ .~~~. -.:; ..:-.,.'--,~:..:_;,,- .' _.i..o....:.......- _ ~. -_. EXHIBIT "A - 1" PUMP STA TlON, SANITARY SEWER &- FORCE MAIN SYSTEM SUNNY ISLES BEACH, FLORIDA LEGAL DESCRIPTION SCALE: 1" = 300' ..THIS IS NOT A SURVEY.. MIAMI-DADE COUNTY Sec. 14 - Twp 52S - RNG 42E Date: Nov. 14th 2007 SUNNY ISLES BEACH CGA PROJECT 05-4893, ID# 20124 EXHIBIT "B" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF SUNNY ISLES BEACH SCHEDULE OF DAILY RATED GALLONAGE FOR V ARfOUS OCCUPANCY TYPES OF LAND USES Adult Congregate Living Unit! Residential Type Institution or Facility (Not a Nursing Home or Convalescent Home) Airport Apartment Banquet Hall Barber Shop Bar and Cocktail Lounge Beauty Shop Bowling Alley Camper or RV Trailer Park Car Wash a) Recycling-Type b) Hand-Type Coin Laundry Country Club Dentist Office Duplex or Twin Home Residence Factory a) With showers b) Without showers Food Preparation Outlet (Bakeries, Meat Markets, Commissaries, etc.) Funeral Home Gas Station / Convenience Store / Mini-Mart Health Spa or Gym a) With showers b) Without showers Hospital Hotel or Motel GALLONS PER DAY 100 gpd/person 5 gpd/passenger PLUS 10 gpd/employee 200 gpd/unit 25 gpd/seat 10 gpd/100 sq. ft 25 gpd/seat (stool) 75 gpd/chair 100 gpd/lane 150 gpd/space 750 gpd/bay 1,000 gpd/bay 175 gpd/washer 25 gpd/member 275 gpd/dentist 250 gpd/unit 20 gpd/100 sq. ft 10 gpd/100 sq ft (350 gpd minimum) 50 gpd/100 sq ft 10 gpd/100 sq ft. 450 gpd/unit 35 gpd/100 sq. ft 20 gpd/100 sq ft 250 gpd/bed 100 gpd/room SUNNY ISLES BEACH CGA PROJECT 05-4893, ID# 20124 TYPES OF LAND USES (CONTINUED) House of Worship Kennel Laundromat Marina Mobile Home Residence / Park Motor Vehicle Service Station Nursing / Convalescent Home Office Building Pet Grooming GALLONS PER DAY 3 gpd/seat 30 gpd/cage 175 gpd/washer 40 gpd/boat slip 300 gpd/unit 10 gpd/100 sq. ft. 150 gpd/bed 10 gpd/100 sq ft. 10 gpd/100 sq ft. PLUS 75 gpd/tub 250 gpd/physician Physician Office Public Park a) With toilets b) With showers and toilets Public Swimming Pool Facility Restaurant a) Full-Service b) Fast-Food c) Take-Out School a) Day care / Nursery b) Regular School c) With cafeteria, add d) With showers, add e) Teachers and Staff Shopping Center (dry uses only) Show Rooms Single Family Residence Speculation Building Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc. Store (dry uses only) Theater a) Indoor Auditorium b) Outdoor Drive-in Townhouse Residence Veterinarian Office a) With kennels Warehouse a) Regular or Industrial b) Storage or Mini Warehouse LEGEND: gpd - gallons per day sq. ft - square feet 5 gpd/person 20 gpd/person 10 gpd/person (350 gpd minimum) 50 gpd/seat 35 gpd/seat 50 gpd/100 sq. ft. 5 gpd/student 10 gpd/student 5 gpd/student 5 gpd/student 15 gpd/person 5 gpd/100 sq. ft 10 gpd/100 sq. ft. 350 gpd/unit 20 gpd/1 ,000 sq ft. 3 gpd/seat 5 gpd/100 sq. ft 3 gpd/seat 5 gpd/space 250 gpd/unit 250 gpd/veterinarian PLUS 30 gpd/cage 20 gpd/1,000 sq ft. 5 gpd/1,000 sq. ft. 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 (i.e. apartment, townhouse, etc) SUNNY ISLES BEACH CGA PROJECT 05-4893, ID# 20124 EXHIBIT "C" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF SUNNY ISLES BEACH BUILDING CONNECTION SCHEDULE TYPE AND NUMBER OF UNITS GALLONAGE (gpd) Connect existing 61 single-family residences to County sewer. 21,350 COMPLETION OF BUILDING CONNECTION 2008 - 2009 LAND DESCRIPTION PUMP STATION EASEMENT ATLANTIC ISLAND SUNNY ISLES CITY OF SUNNY ISLES BEACH, MIAlVlI-DADE COUNTY, FLORIDA A portion of the Right-of-Way of Atlantic Avenue as shown on PLAT OF ATLANTIC ISLAND SUNNY ISLES, according to the Plat thereof as recorded in Plat Book 34, Page 17, of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: COMMENCING at the Southeast corner of Lot 31 of said PLAT OF A TLANTrC ISLAND SUNNY ISLES, said corner also being on a Northerly Right-of-Way line of said Atlantic A venue; THENCE South 29030'15" West, a distance of 60.00 feet to a point on the arc of a non- tangent curve concave to the Northeast, whose radius point bears North 29030'15" East, said point also being on a Southerly Right-of- Way line of said Atlantic Avenue; THENCE Southeasterly on a said Southerly Right-of-Way line and on the arc of said curve having a radius of 1020.00 feet, through a central angle of 0 1001 '09", an arc distance of 18.15 feet to the POINT OF BEGINNING; THENCE North 28029'06" East radial to the last described curve, a distance of 19.93 feet to a point on the arc of a non-tangent curve concave to the Northeast, whose radius point bears North 28029'53" East, said point also being on the proposed back-of-curb, according to Drawing Number S-OOOOO-A of Standard Pump Station prepared by Calvin, Giordano & Associates and dated November 1, 2007; THENCE Southeasterly on said proposed back-of-curb and on the arc of said curve having a radius of 1000.66 feet, through a central angle of 02057'47", an arc distance of 51.75 feet to a point of reverse curvature with a curve concave to the West; THENCE continuing on the said proposed back-of-curb Southerly on the arc of said curve having a radius of 18.00 feet, through a central angle of 152030'17", an arc distance of 47.91 feet to a point of reverse curvature with a curve concave to the South; THENCE continuing on the said proposed back-of-curb Westerly on the arc of said curve having a radius of2141.41 feet, through a central angle of 01 014'12", an arc distance of 46.22 feet to a point of non-tangency; THENCE North 03004'42" West, a distance of 16.33 feet to a point on the arc of a non- tangent curve concave to the West, whose radius point bears North 03020'13" West, said point being on a Northerly Right-of- Way line of said Atlantic Avenue; Prepared By: CALVIN, GIORDANO AND ASSOCIATES, INC. ] 800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 May 14,2008 P:\Projects\20031034122 Sunny Isles Capital Improvement ManagementlS URVEYILegal DescriptionsI03-4122- V -SD-Atlantic Ave. R-W.doc Sheet 1 of 3 Sheets THENCE Northerly on a said Right-of- Way line and on the arc of said curve having a radius of12.00 feet, through a central angle of 148035'02", an arc distance of31.12 feet to a point of reverse curvature with a curve concave to the Northeast, said point being on a said Southerly Right-of- Way line of Atlantic Avenue; THENCE Northwesterly on said Southerly Right-of-Way line and on the arc of said curve having a radius of 1020.00 feet, through a central angle of 00024'22", an arc distance of7.23 feet to the POINT OF BEGINNING; Said lands lying in the City of Sunny Isles Beach, Miami-Dade County, Florida, and containing 2,579 square feet, more or less. NOTES: 1. Not valid without the signature and original embossed seal of a Florida licensed Professional Surveyor and Mapper. 2. Lands described hereon were not abstracted, by the surveyor, for ownership, easements, rights-of-way or other instruments that may appear in the Public Records of Miami-Dade County. 3. The description contained herein and the attached sketch, do not represent a field Boundary Survey. 4. Bearings shown hereon are relative to PLAT OF ATLANTIC ISLAND SUNNY ISLES and are assumed with the line common to Lots 30 and 31 of said PLAT OF ATLANTIC ISLAND SUNNY ISLES having a bearing of North 30038' 11" East. CALVIN, GIORDANO AND ASSOCIATES, INC. 7-/5 -DB Prepared By: CALVIN, GIORDANO AND ASSOCIATES, INC. 1800 Eller Drive, Suite 600 Fort Uluderdale, Florida 33316 May 14,2008 P:\Projects\20031034122 Sunny Isles Capital Improvement ManagementlSURVEY\Legal DescriptionsI03-4122-V-SD-Atlantic Ave. R-W.doc Sheet 2 of 3 Sheets 0> :;; "0 <( I- U) r:L :2 ::> CL :2: <{ U) U f= z <{ -' I- <{ o U) :> N N ~ '<T cry o I (,) I- W :>:::: U) s:: w > 0:: ::> ~ C Q) E Q) 0> ctl C ctl :2 c Q) E Q) > o D- E ]j 05:. ctl (,) If) Q) ~ >- c C :::l U) N N ~ '<T cry o r;:; o o ~ If) 13 Q) "0' 9; CL SKETCH OF DESC RIPTION PUMP STATION EASEMENT A TLANTIC ISLAND SUNNY ISLES CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA / LOT 32 / / / / / LOT / / / D//C.R. / / / / / 29 / / / / LOT 28 / / / / / / / / / LOT P.O.B. R=1020.00' CA=0.24'22" o L=7.23' R= 12.00 L=31.12' CA 148.35'02" w :;0 ........ :f R 2141.41 PROPOSED BACK OF CURB L 46.22' CA ,., 4 " 2" ATLANTIC AVENUE NOTE: THIS SKETCH DOES NOT REPRESENT A FIELD BOUNDARY SURVEY LEGEND: <t D.C.R. PB pc SO. FT. Centerline Miami-Dade County Records Plot Book Page Square Feet P.O.C. Point 01 Commencement P.O.B. Point 01 Beginning R/W Right-aI-Way S.R. = State Rood 11 '--,-,~........ 'f((7I!~ j r-p... s.w,.s ....... 'r::c..c:::.. ..! 1800 Eller DrI... Sul~ 800 J: .~ P:ort L.u_le. P'IorIcIe :J:J:SIO PIlone: 1lIW.1II2l.771I1 I'IIX IlIW.D2U1807 - · Certlncale or AUlhorlullon IJ71lI sc.ou: I PRO..€Cl No I S>€ET SKETCH OF DESCRIPTION 1" = 30' 03-4122 3 PUMP STATION EASEMENT I DATI: I CAll FilE CITY OF SUNNY ISLES BEACH, FLORIDA 05- 15-08 5Il un ~ 3 LAND DESCRIPTION ATLANTIC ISLAND SUNNY ISLES CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA The Right-of- W ay of Atlantic A venue as shown on Plat of Atlantic Island Sunny Isles, according to the Plat thereof as recorded in Plat Book 34, Page 17, of the Public Records of Miami-Dade County, Florida. Said lands lying in the City of Sunny Isles Beach, Miami-Dade County, Florida. NOTES: 1. Not valid without the signature and original embossed seal of a Florida licensed Professional Surveyor and Mapper. 2. Lands described hereon were not abstracted, by the surveyor, for ownership, easements, rights-of-way or other instruments that may appear in the Public Records of Miami-Dade County. 3. The description contained herein and the attached sketch, do not represent a field Boundary Survey. Date: ~ - { S -O<C> Prepared By: CALVIN, GIORDANO AND ASSOCIATES, INC 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 May 14,2008 P:\Projects\2003\034122 Sunny Isles Capital Improvement Management\SURVEY\Legal Descriptions\03-4122- V -SD-Atlantic Ave. R-W.doc Sheet 1 of 2 Sheets t.. ~ ~. " -t~l ~~.;!~~ ~~~=j:~' ~ t:ll~ ~:~ ~~... <'l' ~;;~(;.a. ~ ~d i'~~.;':~t?~;~f4~~~~ .:-~Ia ~:) ~~~ ~\ ~ v.tI ~~~ ~ "" ,)...... 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',-; ...... --' 6Hm-~Cf-n~ ------ OPINION OF TITLE To: Miami-Dade County With the understanding that this Opinion of Title is furnished to Miami-Dade County, as inducement for acceptance of a Declaration of Use/Unity of Title/Declaration of Restrictions/Development Agreement or in compliance with Chapter 28, and as an inducement for acceptance of a proposed final subdivision plat covering the real property, hereinafter described, it is hereby certified that I have examined a complete "Abstract of Title" covering the period from the beginning to the 15th day of Mav , 200 ~, at the hour of 11: 00 p.m. , inclusive, of the following described property: (See Legal Description attached) I am of the opinion that on the last mentioned dated, the fee simple title to the above-described real property was vested in: City of Sunny Isles Beach NOTE: For Limited Partnership or Joint Venture indicate comprising the Limited Partnership or Joint Venture and identify who is authorized to execute. Subject to the following encumbrances, liens and other exceptions: 1. RECORDED MORTGAGES: None 2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGEMENTS: None 3. GENERAL EXCEPTIONS: None 4. SPECIAL EXCEPTIONS: None Opinion ofTitIe Page Two I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions. Therefore, it is my opinion that the following party(ies) must join in the agreement in order to make the agreement a valid and binding covenant on the lands described herein. Name Interest Special Exception Number The following is a description of the aforementioned abstract and its continuations: Public Records of Miami -Dade COlmty Clerk's Office Number Company Certifying No. of EntriesPeriod Covered n/a I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable agreement. I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this 23rd day of Ma'i ~ J'?~ Name Harold M. Rifas Print Name Florida Bar No. 0066639 ,200 8 ~ STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 23rd May , 200 8 ,by Harold M.Rifas .P~!3.9E~~~.!<E.9~~!.~!!1~ or has produced My Commission Expir(f: MWrrONYINUOPINION II ATE OF FLORIDA N~:.~; pUB~~~a Morlote l_\ Commission # DD729671 ~ i,,_ . es' DEC. 15,2011 ~ ~ I:U'pll" . !No. ........... .~lC BONDING CO., BONDED TllRU " Nq)itry Pub 'c I/OymIJ Prfft Name ..r.j ~ ~ II ~ '~.'~ ~i' ~:..~~~ ,,~~.,~.,.'.;' MAY-22-2008 10:55AM FROM- T-148 P.003/009 F-825 LAND DESCRIPTION PUMP STATION EASEMENT ATLANTIC ISLAND SUNNY ISLES CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA A portion of the Right-of-'Way of Atlantic Avenue as shown on PLAT OF ATLANTIC ISLAND SUNNY ISLES, according to the Plat thereof as recorded in Plat Book 34, Page 17, of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: COMMENCING at the Southeast comer of Lot 31 of said PLAT OF ATLANTIC ISLAND SUNNY ISLES, said comer also being on a Northerly Right-of- Way line of said Atlantic A venue; THENCE South 29030'15" West, a distance of60.00 feet to a point on the arc ofa non- tangent curve concave to the Northeast, whose radius point bears North 29030'15" East, said point also being on a Southerly Right-of- Way line of said Atlantic Avenue; THENCE Southeasterly on a said Southerly Right-of-Way line and on the arc of said curve having a radius of 1020.00 feet, through a central angle of 01 001'09", an arc distance of 18.15 feet to the POINT OF BEGlNNING; THENCE North 28029'06" East radial to the last described curve, a distance of 19.93 feet to a point on the arc of a non-tangent curve concave to the Northeast, whose radius point bears North 28029'53" East, said point also being on the proposed back-of-curb; according to Drawing Number S-OOOOO-A of Standard Pump Station prepared by Calvin, Giordano & Associates and dated November 1, 2007; THENCE Southeasterly on said proposed back-of-curb and on the arc of said curve having a radius of 1000.66 feet, through a central angle of 02057'47", an arc distance of 51.75 feet to a point of reverse curvature with a curve cOncave to the West; THENCE continuing on the said proposed back-of-curb Southerly on the arc of said curve having a radius of 18.00 feet, through a central angle of 152030'17", an arc distance of 47.91 feet to a point ofreverse curvature with a curve concave to the South; THENCE continuing on the said proposed bade-of-curb Westerly on the arC of said curve having a radius of2141.41 feet, through a central angle of 01 014'12", an arc distance of 46.22 feet to a point of non-tangency; THENCE North 03004'42tt West, a distance of 16.33 feet to a point on the arc of a non- tangent curve concave to the West, whose radius point bears North 03020'13" West, said point being on a Northerly Right-of-Way line of said Atlantic Avenue; Ptep31'cd By: CALVIN, GIORDANO AND ASSOCIATES, INC. ] 800 Eller ()rive, Suire 600 Fort Lllutlerd~le, Florida 33316 May 14,2008 ?:\Projem\2003I034I22 Sunny Islcs Capi!allmprOvemen{ MQl1asc:mentISURVEy\I.cSll D~~Cl'ipliol1sI03-4122.V-SD'^113I11ic Avc. R-W.ooc Sheet 1 of 3 Sheets I I I Calvin. Giordano g Associates. Inc. _____~_____._...__..,_,__,._._.._'_H_'_._~_"_". Engineers Surveyors Planners 1800 Eller Drive. Suite 600 FOlt Lauderdale. Florida 33316 ENGINEER'S OPINION OF DERM FEE i~ Phone: 954.921.7781 Fa.x: 954.921.8807 DATE May 30, 2008 PRqJ,g<;:T TIIlE CG&A PROJECT NO. ATLANTIC ISLES ROADWAY 05- 4893 lOCATION City of Sunny Isles Beach, FL OWNER City Government of Sunnv Isles Beach, FL ESTIMATED BY Ronnie S. Navarro CHECKED BY APPROVED BY John Messerian ITEM UNIT PRICE ESTIMATED NO. DESCRIPTION QUANTITY UNIT MAT. & LAB AMOUNT Drainage Structures and Pioes 1 Curb Drop Inlets 21 EA 3,500.00 $ 73,500.00 2 Catch basin type E 3 EA 5,000.00 $ 15,000.00 3 Catch basin type D 6 EA 4,000.00 $ 24,000.00 4 Catch basin type C 14 EA 3,500.00 $ 49,000.00 5 Control structures 1 EA 10,000.00 $ 10,000.00 6 Tideflex Rubber Check Valve 1 EA 2,500.00 $ 2,500.00 7 Vortech- Model 5000 1 EA 25,000.00 $ 25,000.00 9 Pollution retardant baffles 29 EA 500.00 $ 14,500.00 10 15" RCP drainage pipe 770 LF 60.00 $ 46,200.00 11 18" RCP drainage pipe 325 LF 70.00 $ 22,750.00 12 24" RCP drainaqe pipe 1,650 LF 90.00 $ 148,500.00 30" RCP drainage pipe 720 LF 120.00 $ 86,400.00 Sub-Total (Drainage Works Only) TOTAL $ 517,350.00 Fee Computations: (DERM-Water Control) First $50,000.00 $35/1,000 thereafter Calculated Fee Amount $ $ $ 2,500.00 16,357.25 18,857.25 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edeleup, Mayor Lewis J. Tllaler" Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Selloll, Commissioner (305) 947-0606 City Hall (305) 792-1 565 Fax (305) 947-2150 Building Department A. Jolln Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM To: Honorable Mayor and City Commission Via: From: Date: Re: A. John Szerlag, City Manager , Jorge L. Vera, Assistant City Manager/ Service Division ~ June 19,2008 U Connection fees RECOMMENDATION This resolution is brought forth for your consideration BACKGROUND The City Commission approved the Atlantic Isles Sanitary Sewer Project under Resolution 2007- 1137. The project is in the bidding stage and expected to have a bid opening on June 16, 2008. As part of the agreement with Miami Dade Water and Sewer Department and Department of Environmental Resources Management (DERM) for the installation of the sanitary sewer connection fee has been assesses for the project. The fees from Miami Dade Water and Sewer Department are $127,110 dollars and Fees from DERM $18,857.25 dollars for a total of $145,967.25 dollars. Please know that these fees are the responsibility of the homeowners and will be recovered from the property owners at the time each residence applies for a connection permit at the City's building department. Funding available for this project in account #40-600-5635. Funding ayailablc: 10 ~-(9-o<;? f\genda Item No.: Commission Meeting Date: TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Jorge L. Vera, Assistant City Manager/Services Priscilla Walker, CMC, Deputy City Cler;?~ June 24, 2008 Ratification of Approval of Atlantic Isles Sanitary Sewage Agreement with Miami-Dade County At its regular meeting of June 19, 2008, the City Commission adopted Resolution No. 2008- 1280, which ratified the above-referenced item. The partially-executed original agreements have already been provided to you for processing. Upon return by the County, please forward a fully-executed original Agreement to the Office of the City Clerk for the record. Thank you. /pw Atlantic Isles Sanitary Sewage Agrmt Ratification Memo