98-048 RESOLUTION NO. 98-48
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR WATER AND SANITARY SEWER FACILITIES WITH
MIAMI-DADE COUNTY IN THE AMOUNT OF $53,820.09;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement For Water and Sanitary Sewage Facilities with Miami-Dade County in the
amount of $53,820.09.
Section 2. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Perlow, who moved its
adoption. The motion was seconded by Commissioner Beskin, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Arthur I. Snyder yes
Resolution No. 98-48
Page 2
PASSED AND ADOPTED this 19th day of May, 1998.
AJ3/~HOR I. SNY[ R, ~AYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
MIAMI-DADE WATER AND SEWER DEPARTMENT
RO. Box 330316, Miami, Florida 33233-03!6 · 3575 S LeJeune RoacJ · Te;: 305 565-747~ · Fax: 669 7656
SERVE ,, CONSERVE
REC IV D
City of Aventura
2999 N.E. 191st Street, Ste#500 FINANCESUP~O~T~£RVlCE$
Aventura, ~ 33180
Re: Water and Sewer Agreement for City of Aventura Founders Park
Improvements, ID# 15415.
Gentlemen:
We are pleased to enclose on (1) fully executed copy of the above
referenced Agreement.
We are enclosing a list of the procedures for the conveyance of the
water and sewer facilities which must be completed prior to the
installation of water meters. Please review and retain this list
for future use. Although certain items such as the release of lien,
bond cost breakdown and easement legal description will be
furnished by your contractor or surveyor, it is your responsibility
to make certain that those items are received by our Department at
the time of conveyance. Expeditious delivery of those items is
necessary for prompt meter installations.
Should yo~ave any questions regarding this matter, please do not
hesitate/to/contact us at 669-7702.
Ana Rest~epo
New Business Section
Utilitie~ Development Division
CON~rB¥.~I'CE OE ~ATER ~D SI~¢i'}~R. ~ACZ%Z~ZES
The following steps must be completed prior to the final
acceptance of water and sewer facilities and the installation of
water meters by the Department.
1. INSPECTION: All facilities to be conveyed to the
Department must pass the final inspection tests
administered by the Department's Inspection Division.
in addition, as-built drawings must be submitted to and
approved by that Division. Inquiries concerning the
Inspection Division's acceptance of a project should be
directed to that office
2. SKETCH: Once the final testing has been completed and
as-built drawings to the Department's Engineering
Division. A sketch (8 1/2 x 11") showing the water
and/or sewer facilities to be conveyed is prepared by
the Engineering division using the information
contained on the as-built drawing. This sketch is used
as an exhibit to the Bill of Sale and Release of Lien
instruments. Depending upon workload, this step is
completed in approximately two (2) days.
3. CONVEYANCE INSTRUMENTS: Certain documents are prepared by
the Contracts Office upon its receipt of the sketch
discussed above, while others are prepared and
submitted by the developer or its contractor.
a. Bill of Sale Prepared by the Contracts office. This
instruments requires the signature of the party who executed
the original water and sewer service agreements. If that
party has sold the property, the Contracts office must be
notified and an Assignment of the Agreement submitted. The
Contracts Office has standard Assignment forms available.
b. Release of Lien - Prepared by the Contracts Office. This
instrument is executed by the contractor who was issued the
permit by the Public Works Department to install the water
and/or sewer facilities.
c. Easements - If the water and/or sewer facilities to be
conveyed are located on private property, a minimum 12 foot
easement for water and 15 foot easement for sewer is
required. It is the developer's responsibility to have the
legal description for the easement prepared, typed on 8 1/2
x 11" or 8 1/2 x 14" paper, and submitted to the Contracts
Office, along with a sketch of the area described by the
easement and two (2) copies of the recorded plat of the
subdivision. These items can and should be submitted during
step number one (1) above. The Contracts Office will attach
the legal description of the easement to a "Grant of
Easement" instrument for execution by the property owner.
d. If easements are not necessary, submit two (2) copies of the
recorded plat.
e. Warranty Deed - If a public pumping station is included,
that property on which the station is constructed must be
deeded to the County. It is the developer's responsibility
to:
(1) Prepare a legal description of the site. This should
be s%lbmitted during step n,,mher one (1) above. The
Contracts Office will prepare the Warranty Deed, using
the legal description submitted by the devetoper~
(2) Submit an Attorney's Opinion of Title, to Metropolitan
Dade County, which states the name of the fee title
owner of the property to be conveyed and which lists
all title exceptions and states that none of the
exceptions would prevent the property from being used
for a sewage pumping station. The Opinion must be
current to. within fourteen (14) days of conveyance of
the site.
(3) Pay Dade County real estate taxes on the site up to the
date of the conveyance of the site and the sewer
facilities to the Department. Contact the Dade County
Property Appraiser's Office to have the taxes
calculated.
(4) Submit copies of recorded Partial Releases of Mortgage
for the site, if applicable.
(5) Submit copies of UCC-3 Form, if applicable, after
filing with Secretary of State, State of Florida.
f. Maintenance Bond and Cost Breakdown - The bond is submitted
by either the developer or is contractor, with Metropolitan
Dade County designated as the "obligee". The bond must over
a full one (1) year period from the date that all conveyance
instruments are returned to and accepted by the Department.
The amount of the bond shall be 100% of the cost of the
materials and labor for the water and/or sewer facilities.
In lie of a maintenance bond, a letter of credit may be
accepted. As a verification for the bond amount, the
contractor or engineer must submit a cost breakdown
itemizing the cost of the facilities. The cost breakdown
should include the quantity, unit price and total price of
the water and sewer facilities, along with separate costs
for pavement restoration.
g. Final Construction ReDort - Prepared, executed and submitted
by the Engineer of Record hired by the developer to design
the water and/or sewer facilities. Test results must
represent actual values.
2 of 2
h. If a public pumping station is included, submit a copy of a
bill or deposit receipt from Florida Power and Light Company
for the electric meter serving the pumping station.
Following conveyance, we shall notify FPL to transfer the
electric service billing to the County.
4. FINAL ACCEPTANCE AND METER INST~T.T.ATION: The above
documents are prepared and/or requested by She Contacts
Office and are submitted to the developer along with a cover
letter requesting payments, if any, of those charges
specified in Section III of the water and sewer service
agreement.~ In the case of shopping centers, the developer
must submit a list of all tenants including square footage
of all stores and seating capacity of any restaurant. Upon
receipt and approval by the County of the above documents,
the final acceptance is complete and the developer may apply
to the New Business Office for water meter installation.
3 of 3
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15.~15
AGREEMENT
FOR
WATER AND SANITARY SEWAGE FACILITIES
BETWEEN
MIAMI- DADE COUNTY
AND
CITY OF AVENTURA
This instrument prepared by:
Tomas R. Goicouria
Utilities Development
New Business Manager
Miami-Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
THIS AGREEMENT, made and entered into at Miami, Dade County, Florida, this
~ dayof ~1~.. , 19~1, by and between Miami- Dado
County, a political subdivision of the State of Florida, hereinafter, designated as the
"COUNTY," whose mailing address is: cio Miami-Dade Water and Sewer
Department, 3575 S. LeJeune Road, Miami, Florida 33146-2221 and City of
Aventura, a Florida municipal corporation, hereinafter, designated as the "CITY,"
whose mailing address is: 2999 N.E. 191 Street, Suite #500, Aventura, Florida 33180.
WITNESSETH:
WHEREAS, the CITY desires water and 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 water and sewage systems owned by
the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants entered into
between the parties hereto to be made and performed, and in consideration of the
benefits to accrue to each of the respective parties, it is covenanted and agreed to as
follows:
Page 2 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
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 water and sewer service to the
CITY'S property and the COUNTY agrees to do so subject to the terms, covenants and
conditions contained herein.
2. 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 ("DEP") and
the COUNTY dated February 16th, 1993, the Settlement Agreement between DEP
and the COUNTY dated July 27th, 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 United States of
America Environmental Protection Aqencv (EPA) vs. Metropolitan Dade County
(Case Number 93-1109 CIV-Moreno), as currently in effect or as amended or modified
in the future agreements and all other current, subsequent or future agreements, court
orders, judgments, consent orders, consent decrees and the like entered into
between the COUNTY and the United States, State of Florida or any other
governmental entity, and all other current, subsequent or future enforcement and
regulatory actions and proceedings.
Page 3 of 22
CITY OF AVENTURA FOtlNDERS PARK IMPROVEMENTS, ID #15415
3. PROVISION OF SERVICE AND CONNECTION CHARGES The
COUNTY will provide an adequate domestic water supply for the CITY'S property and
will receive and dispose of sanitary sewage from the CITY'S property. The CITY shall
pay the City of North Miami-Beach's (the "CNMB") in-plant fee to said CNMB Upon
submittal to the COUNTY of a receipt from said CNMB acknowledging payment of the
in-plant fee for the CITY'S property, the COUNTY will not assess its water connection
charge. However, if the CNMB does not require payment of its in-plant fee, the CITY
shall pay the COUNTY'S water connection charges. The DEPARTMENT shall not issue
Verification form (a/k/a Plumbing Section forms) and/or water meters installed by
the DEPARTMENT for the CITY'S property without submittal of said receipt from the
CNMB, if required, or payment of the COUNTY'S water connection charges. The
connection charges are based on the average 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 rates established by the COUNTY. The CITY
intends to construct a recreational park consisting of two (2) tennis courts, a playground
area with one (1) softball/baseball field, two (2) restroom facilities for four hundred
eighty (480) persons. Therefore, the agreed total average daily gallonage is two
thousand four hundred (2,400) gallons. Water and sewer connection charges shall be
calculated at the rates in effect at the time of actual connection to the COUNTY'S water
and sewer systems and shall be paid by the CITY prior to the DEPARTMENT'S
installation of a water meter and/or the rendition of sewer service to the CITY'S
property. Our current connection charge rates are one dollar and thirty-three cents
Page 4 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
($1.33) and five dollars and twenty-six cents ($5.26) per gallon per day for water and
sewer, respectively. The water and sewer connection charge rates are subject to
revision at any time.
4. POINTS OF CONNECTION The COUNTY owns and operates a twelve
(12) inch water main abutting the eastern boundary of the CITY'S property and a twelve
(12) inch water main located within the CITY'S property from which the CITY shall
install and connect twelve (12) inch water mains throughout the CITY'S property. The
COUNTY also owns and operates a ten (10) inch gravity sewer main abutting the
eastern boundary of the CITY'S property from which the CITY may install and connect
eight (8) inch gravity sewer mains throughout the CITY'S property, provided that there
is sufficient depth and that there are no obstacles which would preclude construction of
the sewer. These matters shall be addressed and resolved by the CITY'S engineer.
Other points of connection may be established subject to approval of the
DEPARTMENT.
5. 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 water and/or sewer facilities provided for in this Agreement unless otherwise
specified. The facilities shall include any and all water mains, valves, fittings, fire
hydrants, firelines, service connections, service lines, shutoffs, meter boxes,
gravity sewer mains, laterals, manholes and all appurtenances for a complete
installation. The final design shall be subject to approval of the DEPARTMENT.
Page 5 of 22
CITY OF A¥~:~NTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
6. INSPECTION The design and construction of facilities to be owned by
the COUNTY shall conform to the COUNTY standards and regulations. The COUNTY
shall have the right but not the obligation to make engineering inspections of all the
construction work performed by the CITY uqder the terms of this Agreement including
pdvate 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 any responsibility for the quality and
condition of materials and workmanship.
7. 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.
8. 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.
Page 6 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
9. 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.
10. 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 by the CITY or CITY's contractor 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.
11. SERVICE LINES If any of the water service lines required for the CITY'S
property are connected directly to existing mains owned by the COUNTY, those service
Page 7 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #1541~
lines will be installed by COUNTY personnel. The CITY hereby agrees to pay to the
COUNTY its standard service line installation charge prior to any such installation.
12. OWNERSHIP OF WATER METER The COUNTY shall provide, own and
install the required watcr meter at its own expense as a part of any water service
installation. Ownership by the COUNTY shall terminate at the outlet side of each water
meter.
13. CONSTRUCTION CONNECTION CHARGES The CITY shall pay a
water main construction connection charge equal to fourteen dollars ($14.00) per front
foot of its property which directly abuts a twelve (12) inch water main abutting the
eastern boundary of the CITY'S property and a twelve (12) inch water main located
within the CITY'S property which were installed by other parties. The lengths of front
footage abutting the twelve (12) inch water mains is hereby estimated to be eight
hundred eighty-five (885) lineal feet resulting in an estimated construction connection
charge in the amount of twelve thousand three hundred ninety ($12,390.00) dollars.
Per annum simple interest, at the rate of twelve percent (12%) as authorized, from time
to time, by Section 687.01, Florida Statutes, will accrue on the construction
connection charge from June 9, 1992 to the date of payment by the CITY. The
construction connection charge and interest shall be paid to the COUNTY by the CITY
pdor to the installation of the first water meters to the CITY'S property.
Page 8 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
14. CONSTRUCTION CONNECTION CHARGES The CITY shall pay a
gravity sewer main construction connection charge equal to eleven dollars ($11.00) per
front foot of its property which directly abuts a ten (10) inch gravity sewer main abutting
the eastern boundary of the CITY'S property and a ten (10) inch gravity sewer main
located within the CITY'S property which were installed by other parties. The lengths of
front footage abutting the ten (10) inch gravity sewer mains is hereby estimated to be
eight hundred eighty-five (885) lineal feet resulting in an estimated construction
connection charge in the amount of nine thousand seven hundred thirty-five ($9,735.00)
dollars. Per annum simple interest, at the rate of twelve percent (12%) as authorized,
from time to time, by Section 687.01, Florida Statutes, will accrue on the construction
connection charge from June 9, 1992 to the date of payment by the CITY. The
construction connection charge and interest shall be paid to the COUNTY by the CITY
prior to the provision of sewer service to the CITY'S property.
15. CONDITIONS TO SERVICE In addition to the covenants and conditions
set forth herein, water and 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 sewerage
system and connection approval, as specified in paragraph two (2) herein, (c) available
water by the COUNTY. However, in no event will the COUNTY be obligated to supply
any more water or sewage treatment capacity in any one year than is called for by the
building construction schedule attached hereto and made a part hereof as Exhibit "C."
Page 9 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
Any variation from a said construction schedule which results in increased yearly
demand on the water resources or 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 availability of the water
resource and the vadous restrictions placed on the supply of water or 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 water or 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 water supply, production and transmission facilities
and regional sanitary sewer system, once the CITY is granted necessary sewer
allocation, as specified in paragraph two (2) 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 supply water for the
CITY'S property or the ability 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 10 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
17. FACILITIES EASEMENTS If the facilities contemplated heroin 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 twelve (12) foot wide easement for water
facilities and fifteen (15) foot wide easement for sewer facilities. 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 installation of a water meter and/or the rendition of sewer
service to the CITY'S property.
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 hereinabove. Failure of the CITY to provide proper conveyances shall be
cause for the COUNTY to refuse to ronder service to the CITY'S property.
19. DRAWINGS AND CONVEYANCE DOCUMENTS Following completion
of the water and/or sewer facilities contemplated herein for COUNTY ownership, the
COUNTY shall provide conveyance documents to the CITY which may include bills of
sales, releases of liens and grants of easements. All documents must be properly
Page 11 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
executed, delivered to and accepted by the COUNTY prior to the rendition of water
and/or sewer service by the COUNTY. The CITY shall pay for all recording fees for
conveyance documents delivered to the COUNTY. These conveyances shall be
accompanied by copies of paid bills and/or lien waivers, releases, or satisfactions from
all persons who performed work on CITY'S property and all persons who incorporate
materials into the property, together with a breakdown of the actual cost of said
facilities. Concurrently, the CITY shall furnish the COUNTY with one (1) set of Mylar
as-built drawings showing specific locations and depths among other things, of all
facilities as located by a licensed surveyor, along with four (4) prints of the as-built
drawings which have been sealed by a surveyor and certified by the engineer of record.
Approval by the COUNTY of all required conveyance documents, drawings and survey
specified herein shall constitute final acceptance by the COUNTY of said facilities.
After final acceptance, the facilities shall at all times remain the sole, complete, and
exclusive property of the COUNTY and under the exclusive control and operation of
the COUNTY.
20. WARRANTY AND MAINTENANCE BOND The CITY warrants that the
water and 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 water and/or 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
Page 12 of 22
CITY OF AVEI~TURA FOUNDERS PARK IMPROVEMENTS, ID #15415
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:
Tvees of Facilities Percentage of Actual Construction
Cost
Ductile iron water mains 25
Gravity sewers 50
The bonds shall have as the surety thereon only such surety company as is acceptable
to the COUNTY and which is authorized to write bonds of such character and amount
under the laws of the State of Florida. A surety company must have a Best's Key
Rating Guide General Policyholder's Rating of "A" or better and a Financial
Category of Class "V" or better or be acceptable to the COUNTY. The attorney-in-
fact or other officer who signs a bond must file with such bond 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
Page 13 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
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 pedods as set forth above, falling
which the COUNTY shall make such repairs and/or replacements of defective work
and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all
costs arising therefrom. The CITY also warrants that it shall be solely responsible for
the repair of any damages to said facilities caused by persons in its employment.
21. TERMS 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 CITY'S property shall
commence within one hundred eighty (180) days from the execution
date. Work shall be considered to have commenced when 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 permitting.
b. Once the CITY commences construction on the CITY'S property,
building construction cannot be suspended, abandoned, or not in
Page 14 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
active progress for a period exceeding one hundred eighty (180)
days.
22. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold
harmless the COUNTY and its officers, employees, agents and instrumentalit!es from
any and all liability, losses or damages, including attorneys' 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. Provided
however, this indemnification shall only be to the extent and within the limitations of
Section 768.28 Florida Statutes, subject to the provisions of that Statute whereby the
CITY shall not be held liable to pay a personal injury or property damage claim or
judgment by any one person which exceeds the sum of one hundred thousand dollars
($100,000.00), or any claim or judgment or portions thereof, which, when totaled with all
other claims or judgment paid by the CITY arising out of the same incident or
occurrence, exceed the sum of two hundred thousand dollars ($200,000.00) from any
and all personal injury or property damage claims, liabilities, losses or causes of action
which may arise as a result of the negligence of the CITY.
Page 15 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
23. FORCE MAJEURE Should either parties are prevented from performing
any obligations herein, including but not limited to water and/or sewer service, due to or
resulting from a force majeure or inevitable accident or occurrence, such party shall be
excused from performa~,ce. 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 the 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 water supply and fire protection, sewage collection and
disposal within the CITY'S property as may be applicable until the responsibility for
payment of said charges is propedy transferred in accordance with the COUNTY'S
regulations.
Page 16 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID 1/15415
25. USE OF FACILITIES BY COUNTY The COUNTY reserves the right to
make full use of the water and/or 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, written by a qualified attorney, licensed to practice law in the State of Florida,
which states that the CITY owns fee simple title to the proper~y referred to herein.
27. BACTERIOLOGICAL TESTS AND INDEMNIFICATION The State of
Florida Department of Environmental Protection requires that prior to the rendition
of any new water service by the DEPARTMENT, bacteriological tests must be
performed. It is the responsibility of the CITY to comply with all such requirements and
to obtain all necessary approvals. In addition, the use of floating meters for
construction purposes is subject to State of Florida requirements and approval by
Miami-Dade County. The CITY may request approval for the use of floating meters
prior to actual conveyance of title to the facilities to the COUNTY. However, the
COUNTY may be required to execute documents to the Department of Environmental
Resources Management (D.E.R.M.) or State of Florida Department of Health and
Rehabilitative Services (H.R.S.) which state that the COUNTY has accepted title to
the facilities. If the COUNTY is required to execute such documents, the CITY agrees
to indemnify and hold the COUNTY harmless from and against all claims, actions,
Page 17 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
judgments, damages, loss, cost and expense including reasonable attorneys' fees
which may be incurred by the COUNTY in connection with the rendition of water service
through the facilities constructed and installed by the CITY prior to conveyance of title
to the COUNTY, including but not limited to those which result from failure to properly
maintain and repair the water facilities, to the extent of the limitations included within
Florida Statutes, Section 768.28, subject to the provisions in this act whereby the
CITY shall not be liable to pay a personal injury or property damage claim or judgments
by any one person which exceeds the sum of one hundred thousand dollars
($100,000.00), or any claim or judgments or portions thereof, which, when totaled with
all other claims or judgments paid by the CITY, arising out of the same incident or
occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00) from any
and all personal injury or property damage claims, liability, losses and causes of actions
which may arise solely in connection with the rendition of water service through the
facilities constructed and installed by or for the CITY, prior to conveyance of title to the
COUNTY.
28. ASSIGNMENT OF AGREEMENT No right to any water supply and
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
Page 18 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
not limited to a bona fide purchaser, lessee, resident or occupant. The intent of this
paragraph is to require consent of the DEPARTMENT for assignments or transfers of
any water and 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 thc-t the COUNTY can adequately determine the demand for water
and sewage disposal capacity and plan for the fair and equitable allocation of water and
sewage disposal capacity among the residents of 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.
29. 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.
30. NOTICE All notices given pursuant to this Agreement shall be mailed by
United States registered or certified mail to the parties at the addresses specified on
Page 1 of this Agreement or addresses otherwise propedy furnished.
Page 19 of 22
CITY OF AVENTUR,~ FOUNDERS PARK IMPROVEMENTS, ID #15415
31. 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.
Page 20 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
IN WiTNESSETH WHEREOF, the parties hereto have caused this instrument to
be executed by their respective officials as of the day and year above written.
p~int name . /
signature
/~/J ~/~. I~ ," ,.0 '~ By:
print name I~'c'~ H~ r~ ~ Po ~l~e~D[v
Utilitie~ [ I ision
Miami-Dade Water and Sewer Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
~_,The foregoing nstrument was acknowledged before me this ,.~ day of
,,/D~I, ~ , 19L_~_, by Rick Herrera, P.E., Chief, UtilitY-es DeveloPment
Division, of the Miami-Dade Water and Sewer Department, who is personally known to
me and did not take an oath.
Page 21 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
CITY OF AVENTURA, FLORIDA
Eric M. Soroka, Ci~ ~,~ger
V
Attest:
Teresa M. Smith, CMC, City Clerk
Approved as to ~_egal Sufficiency:
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing ~strument was ackng, wledged before me that ! q day of
"~.~1.4~. , 19 ~ ~ , by Eric M. Soroka, Ci~-~anager of
The City of Aventu~, a Florida Municipal Corporation, on behalf of the
corporation, who is personally known to me and did not take an oath.
~.~ ~ ~ OFFICIAL NOTARY SEAL
. TERESA M SMITH
NOTARY PUBLIC
.< CC6661'~3
AUG. 1812001
App~ed .~ufficiency./_~.~ ~2.-~7 ~ ~°f.--~~Executi°n Onl~/
s~'sta n f'C6'u nty Att6rney
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI- DADE COUNTY
AND
CITY OF AVENTURA
LEGAL DESCRIPTION
A PORTION OF TRACT JJ OF FIFTH ADDITION, BISCAYNE YACHT AND
COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 99, PAGE 20, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT J J: THENCE NORTH
03 00' 33" WEST ALONG THE WEST LINE OF SAID TRACT JJ FOR 293.46 FEET:
THENCE NORTH 81 46' 46" EAST FOR 135.49 FEET; THENCE NORTH 73 25' 35"
EAST FOR 610.11 FEET TO THE EAST LINE OF SAID TRACT J J: THENCE SOUTH
09 08' 24" WEST ALONG THE EAST LINE OF SAID TRACT JJ FOR 465.95 FEET
TO THE SOUTHEAST CORNER OF SAID TRACT JJ: THENCE SOUTH 87 35' 46"
WEST ALONG THE SOUTH LINE OF SAID TRACT JJ FOR 630.00 FEET TO THE
POINT OF BEGINNING.
EXCEPT THAT PORTION OF TRACT JJ OF FIFTH ADDITION BISCAYNE YACHT
AND COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE N.W. CORNER OF SAID TRACT J J: THENCE SOUTH 03 00'
33" EAST ALONG THE WEST LINE OF SAID TRACT JJ FOR 7.51 FEET TO A
POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 852: THENCE
NORTH 81 46' 45" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF
STATE ROAD 852 FOR 80.00 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREINAFTER DESCRIBED: THENCE CONTINUE NORTH 81
46' 45" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD
852 FOR 36.00 FEET: THENCE SOUTH 08 13' 15" EAST FOR 64.00 FEET: THENCE
SOUTH 81 46' 45" WEST FOR 36.00 FEET: THENCE NORTH 08 13' 15" WEST FOR
64.00 FEET TO THE POINT OF BEGINNING.
AND
TRACTS "Q" OF "MARINA DEL REY REVISED" AS RECORDED IN PLAT BOOK
144 AT PAGE 89 OF DADE COUNTY, FLORIDA.
"A" I of 1
DADE COUNTY / SEC. 3-52-42
S.E. Corner S,~. 1/4, 1/4, Sec, 3
300.87~
CANAL 290.44
TR A
N,E, 188 STREET ~ I
A PORTION OF SEC. 3 TWP. 52 SOUTH RANGE 42 EAST
6/3/98 REVISED
I EXHIBIT "A"- 1
LOCATION SKETCH FOR: CITY DF' AVENTURA PARK IHPRDVEHENT
DRAWN: £cG CHECKED: SCALE: t" = 3oo' OATE: 1/29/98
MIAMI - DADE WATER AND SE~rER DEPARTMENT
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
EXHIBIT "B" OF AGREEMENT
BETVVEEN
MIAMI- DADE COUNTY
AND
CITY OF AVENTURA
SCHEDULE OF DAILY RATED GALLONAGE FOR
VARIOUS OCCUPANCY
Types of Buildinq Usaqes
Adult Congregate Living Units 100 gpcd
Airport 5 gpd/passenger;
10 gpd/employee
Apartments 200 gpd
Banquet Hall 25 gpd/seat
Barber Shop 101100 g pd/sq, ft.
Bars and Cocktail Lounges 15 gpd/seat (stool)
Beauty Shop 75 gpd chair
Bowling Alleys 100 gpd/lane
Camper or R.V. Trailer Park 150 gpd/space
Car Wash 750 gpd/bay
a) Recycling-Type 35001bay
b) Hand-Type
Coin Laundry 225 gpd/machine
Country Clubs 25 gpcd/member
Dental Office 250 gpd/dentist &
200 gpdlwet chair
Drive-in Theaters 5 gpdlcar space
Duplex 250 gpd/unit
Factories with showers 20 gpdll00 sq. ft,
Factories without showers 10 gpd/lO0 sq. ft.
Food Preparation Outlets 350 gpd minimum
(Bakeries, Meat Markets, Commissaries) 50 gpd/100 sq, ft,
"B" 1 of 3
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
Types of Buildinq Usaqes
Funeral Homes 10 gpd/100 sq. ft.
Gas Stations/mini-marts 450 gpd
Health Spas & Gym 35 gpd/100 sq. ft.
Hospitals 250 gpd/bed
Hotels and Motels 100 gpd/room
House of Worship 3 gpd/seat
Kennel 30 gpd/cage
Marinas 40 gpd/boat slip
Mobile Home Residences/Park 300 gpd/unit
Motor Vehicle Service Station 10 gpd/100 sq. ft.
Movie Theaters, Auditoriums, Churches 3 gpd/seat
Nursing/Convalescent Homes 150 gpdlbed
Office Buildings 10 gpd/100 sq. ft.
Pet Grooming 10 gpdll00 sq. ft.
75 gpd/tub
Physician Office/Public Institutions 250 gpdlphysician
(other than those listed herein)
Public Parks with toilets 5 gpd/person
Public Parks with showers and toilets 20 gpd/person
Public Swimming Pool 10 gpd/person
Restaurants (Full-Service) 350 gpd minimum;
50 gpd/seat
Restaurants (Fast-Food) 350 minimum;
35 gpd/seat
Restaurants (Take-Out) 350 gpd minimum
50 gpdllO0 sq. ft
Schools
a) Day care/nursery 5 gpdlstudent
b) Regular school 10 gpdlstudent
c) with cafeteria, add: 5 gpdlstudent
d) with showers, add: 5 gpd/student
e) teachers and staff 15 gpd/student/staff
"B" 2 cf 3
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
Types of Buildinq Usaqes
Shopping Centers(day uses) 5 gpd/100 sq. ft.
Single Family Residence 350 gpd
Speculation Buiidingsllndustrial warehouse 20 gpd/1000 sq. ft.
Stadiums, Frontons, Ball Parks, race tracks, etc. 3 gpd/seat
Storage or Mini-Warehouse 5 gpd/1000 sq. ft.
Stores without food service 5 gpd/100 sq. ft.
Townhouse Residence 250 gpd
Veterinarian Office
a) per veterinarian 250 gpd
b) with kennels 30 gpdlcage
Warehouses 20 gpd/1000 sq. ft.
Leqend:
gpcd - gallons per capita per day
gpd - gallons per day
NOTES: (a) Sewage gallonage refers to sanitary sewage flow on unit basis for
daily flow in gallons per day.
(b) Condominiums shall be rated in accordance with the type of (apartment, townhouse, etc.)
"B" 3 of 3
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID# 15249
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI- DADE COUNTY
AND
CITY OF AVENTURA
BUILDING CONNECTION SCHEDULE
Completion of
Units Gallonage Building Connection
Construct a recreational
park consisting of (2) tennis
courts, a playground area with
(1) softball/baseball field, (2)
restroom facilities for (480)
persons 2,400 1998 - 1999
"C" 1 of I