The URL can be used to link to this page

Home My Public Portal About1997-58 Village Green Park sewer agreement with Miami-Dade Water and Sewer DepartmentRESOLUTION NO. 97-58 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A SEWER AGREEMENT FOR VILLAGE GREEN PARK ID# 14883 WITH MIAMI-DADE WATER AND SEWER DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached Sewer Agreement for Village Green Park ID# 14883, on behalf of the Village, with Miami -Dade Water and Sewer Department, for services set forth in the agreement. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 18th day of November , 1997. .(.,_ 9 OR JOHN F. FESTA ATTEST: VIVIEN MALyRI, DEPUTY VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 14>1 1VOF/ RICHARD J. WEISS, VILLAGE ATTORNEY VILLAGE GREEN PARK, ID # 14883 AGREEMENT FOR SANITARY SEWAGE FACILITIES BETWEEN METROPOLITAN DADE COUNTY AND VILLAGE OF KEY BISCAYNE 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 wpdocsUOC114883. agr VILLAGE GREEN PARK, ID # 14883 THIS AGREEMENT, made and entered into at Miami, Dade County, Florida, this day of , 19 , by and between Metropolitan Dade County, a political subdivision of the State of Florida, hereinafter, designated as the "COUNTY", whose mailing address is: do Miami -Dade Water and Sewer Department, 3575 S. LeJeune Road, Miami, Florida 33233-0316 and Village of Key Biscayne, a municipal corporation of the State of Florida, a/k/a Village, hereinafter, designated as the "DEVELOPER", whose mailing address is: do Mr. C. Samuel Kissinger, 85 West McIntyre Street, Key Biscayne, Florida 33149. WITNESSETH: WHEREAS, the VILLAGE desires sewer service to be rendered to property owned by the VILLAGE, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter, designated as the "DEPARTMENT", operates the 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 19 VILLAGE GREEN PARK, ID # 14883 1. VILLAGES'S PROPERTY The VILLAGE owns a certain tract of land in Dade County, Florida, which is legally described in Exhibit "A" attached hereto and made a part hereof, hereinafter, sometimes described as the "VILLAGE'S property". The VILLAGE has requested that the DEPARTMENT render water and sewer service to the VILLAGE'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. VILLAGE ACKNOWLEDGMENT The VILLAGE hereby acknowledges and agrees that any right to connect the VILLAGE'S property to the DEPARTMENT'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 Agency (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 19 VILLAGE GREEN PARK, ID # 14883 3. PROVISION OF SERVICE AND CONNECTION CHARGES The COUNTY will provide an adequate domestic water supply for the VILLAGE'S property and will receive and dispose of sanitary sewage from the VILLAGE'S property. The VILLAGE shall pay sewer connection charges for all those units to be constructed on the VILLAGE'S property. 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 VILLAGE intends to construct bathroom facilities. Therefore, the agreed total average daily gallonage is one thousand two hundred fifty (1,250) gallons. The sewer connection charges shall be calculated at the rates in effect at the time of actual connection to the DEPARTMENT'S sewer systems and shall be paid by the VILLAGE prior to the COUNTY'S rendition of sewer service to the VILLAGE'S property. Our current connection charge rates are five dollars and twenty-six cents ($5.26) per gallon per day for sewer. The sewer connection charge rates are subject to revision at any time. 4. POINTS OF CONNECTION The VILLAGE owns and operates an eight (8) inch gravity sewer main located in West Heather Drive west of Fernwood Road from which the VILLAGE may install and connect an eight (8) inch gravity sewer main easterly in West Heather Road directly into the VILLAGE'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 Page 4 of 19 VILLAGE GREEN PARK, ID # 14883 VILLAGE'S engineer. Other points of connection may be established subject to approval of the DEPARTMENT. 5. DESIGN AND CONSTRUCTION OF FACILITIES The VILLAGE at its own cost and expense shall cause to be designed, constructed and installed all of the necessary sewer facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and all gravity sewer mains, laterals, manholes and all appurtenances for a complete installation. The final design shall be subject to approval of the DEPARTMENT. 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 VILLAGE 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 VILLAGE 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 VILLAGE of any responsibility for the quality and condition of materials and workmanship. Page 5 of 19 VILLAGE GREEN PARK, ID # 14883 7. TESTS During construction and at the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the VILLAGE'S engineer and contractor, shall jointly be present to witness tests for determination of conformance with approved plans and specifications. The VILLAGE 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 VILLAGE'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. 9. APPROVALS AND PERMITS The DEVELOPER shall be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies and all necessary permits for all .facilities contemplated in this Agreement. 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 VILLAGE'S contractor will Page 6 of 19 VILLAGE GREEN PARK, ID # 14883 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 VILLAGE shall provide sufficient security as acceptable to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions, judgements, liability, loss, cost and expense, including reasonable attorney's fees, related to work performed by the VILLAGE 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 VILLAGE shall have sixty (60) days to resolve any claims by a permitter. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the security. The VILLAGE shall be liable for all costs in excess of the security. 11. CONDITIONS TO SERVICE 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 DEVELOPER'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. However, in no event will the COUNTY be obligated to supply any more sewage treatment capacity in any one year than is called for by the building construction schedule attached hereto and made a part hereof as Exhibit "C". Any variation from said construction schedule which results in increased yearly demand on sewage treatment facility capacity of the COUNTY not specifically provided for in Exhibit "C" shall be subject to the written Page 7 of 19 VILLAGE GREEN PARK, ID # 14883 approval and consent of the DEPARTMENT and shall be dependent on the various restrictions placed on the disposal of sewage by local, state and federal government agencies and the physical limitations on the COUNTY'S treatment capacity. If the VILLAGE does not utilize the yearly amount of sewage treatment facility allocation specified in Exhibit "C", said amount will be available to the VILLAGE in the next calendar year subject to the limitations and provisions specified herein. 12. ALLOCATION OF CAPACITY. The COUNTY agrees to include the aforesaid allocation in its regional sanitary sewer system, once the VILLAGE is granted necessary sewer allocation, as specified in paragraph two (2) hereinabove. However, it is mutually agreed and understood by the COUNTY and the VILLAGE 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 VILLAGE'S property. Capacity allocation is subject to local, state and federal agencies and other regulatory bodies having jurisdiction. In connection therewith, the VILLAGE agrees that the COUNTY shall not_be liable or in any way responsible for any costs, claims or losses incurred by the VILLAGE as a result of actions by regulatory bodies. 13. 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 fifteen (15) foot wide easement for sewer facilities. If the facilities are not located in platted easements, then easements shall be Page 8 of 19 VILLAGE GREEN PARK, ID # 14883 granted to the COUNTY by the VILLAGE prior to the COUNTY'S rendition of sewer service to the VILLAGE'S property. 14. CONNECTION BY OTHERS Persons other than the VILLAGE who own property, other than the VILLAGE'S property, which abuts any gravity sewer main installed outside of the VILLAGE'S property pursuant to this Agreement, may apply to the COUNTY for connections to said gravity sewer main. If said persons actually connect, the COUNTY will collect a construction connection charge equal to twenty dollars ($20.00) for sewer, multiplied by the front foot length of the connecting property which abuts the gravity sewer main as measured along the route of the main. Construction connection charges will be collected by the COUNTY if the connection is a service connection or the sole gravity sewer main connection to serve the connecting property or an additional gravity sewer main connection required in order to provide adequate service for the connecting property. Said construction connection charges will not be required or collected from other persons for single family residences occupied or under construction prior to the date of this Agreement. Said construction connection charges shall be repaid to the VILLAGE by the COUNTY within ninety (90) days of receipt of same. However, the COUNTY'S liability for repayment to the VILLAGE shall be limited to those amounts actually collected from others. This provision shall remain in effect for a period of twelve (12) years from the date of the bill of sale for the gravity sewer main constructed by the VILLAGE. Per annum simple interest will accrue on all construction connection charges from the date of the Page 9 of 19 VILLAGE GREEN PARK, ID # 14883 VILLAGE'S bill of sale at the rate authorized from time to time by Section 687.01, Florida Statutes, as revised from time to time, until time of payment by the connecting person. It shall be the VILLAGE'S responsibility to provide the COUNTY with current mailing addresses during the twelve (12) year period. 15. 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 VILLAGE 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 VILLAGE, a valid and enforceable easement will be vested to the COUNTY. The VILLAGE shall pay for all recording fees and for all documentary stamps. The details for all conveyances are specified hereinabove. Failure of the VILLAGE to provide proper conveyances shall be cause for the COUNTY to refuse to render service to the VILLAGE'S property. 16. DRAWINGS AND CONVEYANCE DOCUMENTS Following completion of the sewer facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents to the VILLAGE which may include bills of sales, releases of liens, grants of easements. All documents must be properly executed, delivered to and accepted by the COUNTY prior to the rendition of sewer service by the COUNTY. The VILLAGE shall pay for all recording fees for conveyance documents Page 10 of 19 VILLAGE GREEN PARK, ID # 14883 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 VILLAGE'S property and all persons who incorporate materials into the property, together with a breakdown of the actual cost of said facilities. Concurrently, the VILLAGE 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. 17. WARRANTY AND MAINTENANCE BOND The VILLAGE warrants that the sewer facilities to be owned by the COUNTY shall be free from defects in materials and workmanship for a period of one (1) year from final acceptance by the COUNTY. Simultaneously with the conveyance of the sewer facilities, the VILLAGE 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 Page 11 of 19 VILLAGE GREEN PARK, ID # 14883 the amount equal to the sum of those portions of the actual cost of construction of said facilities as follows: Types of Facilities Percentage of Actual Construction Cost Gravity sewers 50 The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY and which is authorized to write bonds of such character and amount under the laws of the State of Florida. A surety company must have a Best's Key Rating Guide General Policyholder's Rating of "A" or better and a Financial Category of Class "V" or better or be acceptable to the COUNTY. The attorney -in - 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 VILLAGE'S contractor as "Principal" and the VILLAGE and the COUNTY as "Co -obligees" or the COUNTY as sole "Obligee". In the alternative, the VILLAGE 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 VILLAGE'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. Page 12 of 19 VILLAGE GREEN PARK, ID # 14883 Upon demand by the COUNTY, the VILLAGE 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 VILLAGE and/or its Surety shall be liable to the COUNTY for all costs arising therefrom. The VILLAGE also warrants that it shall be solely responsible for the repair of any damages to said facilities caused by persons in its employment. 18. TERMS OF AGREEMENT Both the VILLAGE and the COUNTY recognize that time is of the essence and that this Agreement shall be deemed null and void and unenforceable if the VILLAGE fails to comply with any of the following conditions, where applicable: a. After execution of this Agreement, work on the VILLAGE'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 sewer facilities throughout the day on each full working day, weather permitting. b. Once the VILLAGE commences construction on the VILLAGE'S property, building construction cannot be suspended, abandoned, Page 13 of 19 VILLAGE GREEN PARK, ID # 14883 or not in active progress for a period exceeding one hundred eighty (180) days. 19. INDEMNIFICATION CLAUSE. The VILLAGE 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 VILLAGE or its employees, agents, servants, partners principals or subcontractors. The VILLAGE 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, judgements, and attorney's fees which may issue thereon. 20._ 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, 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, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by the COUNTY Page 14 of 19 VILLAGE GREEN PARK, ID # 14883 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, 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. 21. SERVICE CHARGES The VILLAGE agrees to pay to the COUNTY the prevailing service charges for sewage collection and disposal within the VILLAGE'S property as may be applicable until the responsibility for payment of said charges is properly transferred in accordance with the COUNTY'S regulations. 22. 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. 23. OPINION OF TITLE With the execution of this Agreement, the VILLAGE at its own expense shall deliver to the DEPARTMENT an opinion of title for the VILLAGE'S property, written by a qualified attorney, licensed to practice law in the Page 15 of 19 VILLAGE GREEN PARK, ID # 14883 State of Florida, which states that the VILLAGE owns fee simple title to the property referred to herein. 24. 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 VILLAGE'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 Dade County. Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the VILLAGE'S property is transferred or conveyed, the VILLAGE shall remain liable to the COUNTY for all sums of money and all obligations due hereunder unless released in writing by the COUNTY. Page 16 of 19 VILLAGE GREEN PARK, ID # 14883 25. ENTIRE AGREEMENT This Agreement supersedes all previous agreements and representations, whether oral or written, between the VILLAGE and the COUNTY and made with respect to the matters contained herein and when duly executed constitutes the complete Agreement between the VILLAGE and the COUNTY. 26. 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 properly furnished. 27. RECORDING OF AGREEMENT This Agreement is being recorded in the Public Records of 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 17 of 19 VILLAGE GREEN PARK, ID # 14883 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. WITNESSETH: METROPOLITAN DADE COUNTY signature print name signature By: print name Rick Herrera, P.E., Chief Utilities Development Division Miami -Dade Water and Sewer Department STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this day of , 19 , by Rick Herrera, P.E., Chief, Utilities Development Division, of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. NOTARY PUBLIC Page 18 of 19 VILLAGE GREEN PARK, ID # 14883 Attest: By: Zvfy Village ' lerk STATE OF FLORIDA COUNTY OF DADE THE VILLAGE OF KEY BISCAYNE, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA By: Village Man The foregoing instrument was acknowledged before me this 20th day of November , 19 97 , by c. Samuel IC3.ssinger aS Village Mana of Key Bisca ne, a muni ' • . • r • oration of the State of Florida. are/ are not ersonally known to and did/did not or have/has t •roduce as identification and did/did no a hasn't • PRINT NAME NOTARY PUBLIC PJORIU_ r of Village he/They SERIAL NUMBER \s - ,c1,0 p°., Jack Neustadt ; < Notary Public, State of Florida o Commission No. 572326 y4.OF f�.S'` My Commission Exp. 07t25/2000 1:104--4 TAR/ : Fla. Notary Salvia *Bonding Co. fffflffftfflfffKKlt wee(eec e'e ee' ! Approved For Sufficiency of Execution Only: Approved as to Legal Form & Sufficiency Assistant County Attorney Attorney for Village Page 19 of 19 VILLAGE GREEN PARK, ID # 14883 EXHIBIT "A" OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND VILLAGE OF KEY BISCAYNE LEGAL DESCRIPTION Parcel A: A portion of Tract 5, MATHESON ESTATE, according to the Plat thereof, as recorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, mote particularly described as follows: From the Southeast corner of said Tract 5 run North 79 degrees 11 minutes 28 seconds West along the South line of said Tract 5 for a distance of 402.76 feet to the Southwest corner of sai ract 5; thence run Northward along the West line of said Tract 5, said West line of said Tract 5 being the arc of a curve to the left having for its elements a radius of 1365 feet and a central angle of 17 degrees 52 minutes 23 seconds for an arc distance of 425.80 feet to. the Point of Beginning ng of the parcel of land herein described; thence run South 88 degrees 01 minutes 04 seconds East for a distance of 104.65 feet to a point; thence run South 77 degrees 59 minutes 50 seconds East for a distance of 300.24 feet to a point on the East line of said Tract 5; thence run Northward along the East line of said Tract 5, said East line of said Tract 5 being the arc of a curve to the left having for its elements a radius of 1765 feet and a central angle of 00 degrees 29 minutes 38 seconds for an arc distance of 15.21 feet to a point; thence run North 77 degrees 59 minutes 29 seconds West for a distance of 298.82 feet to a point; thence run North 88 degrees 01 minutes 04 seconds West for a distance of 1.06.60 feet to a point on the West line of said Tract 5, said West line of said Tract 5 being the arc of a. curve to the left that has for its elements a radius of 2635 feet and a central angle of 00 degrees 01 minutes 36• seconds for an arc distance of 1.26 feet to a point of tangency with a circular curve to the right that has for its elements a radius of 1365 feet and a central angle of 00 degrees 34 minutes 39 seconds for an arc distance of 13.71 feet'to the Point of Beginning. "A" 1 of 2 VILLAGE GREEN PARK, ID # 14883 EXHIBIT "A" OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND VILLAGE OF KEY BISCAYNE Parcel B: Commencing at the Southeast corner of Tract 5, MATHESON ESTATE, according to the Plat thereof, as recorded'in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, run North 79 degrees 11 minutes 28 seconds West along the South line of said Tract 5 for a distance of 402.76 feet. to 'the Southwest corner of said Tract 5; thence run Northward along the West line of said Tract 5, said West line of said Tract 5 being the arc of a curve to the left having for its elements a radius of 1365 feet and a central angle of 17 degrees 52 minutes 23 seconds for an arc distance of 425.80 feet to the Point of Beginning �'ing of the parcel of land herein described; thence run South 88 degrees 01 minutes 04 seconds East for a distance of 104.65 feet to a point; thence run South 77 degrees 59 minutes 50 seconds East for a distance of 300.24 feet to a'point on the East line of said Tract 5; thence run Southward along theEast line of said Tract 5, said East line of said Tract 5 being the arc of a curve to the right having for its elements a radius of 1765 feet and a central angle of 14 degrees 07 minutes 12 seconds for an arc distance of 434.97 feet to the Point of Beginning. Parcel C: Tract 7, of a Subdivision of a Portion of MATHESON ESTATE, according to the Plat thereof, as recorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, less the South 150 feet, as measured at - right angles to the South line, and less the North 97.33 feet of the South 247.33 feet of Tract 7, as measured at right angles to the Southerly boundary of Tract 7. "A"2of2 VILLAGE OF KEY BISCAYNE DADE COUNTY / SEC. 32-54-42, 5-55-42 S. LINE 32-54-42 N. LINE 5-55-42 PARCEL A W. MC INTIRE STREET 1f 120' EAST DRIVE SS BOULEVARD Z 0 Z cc U GALEN DRIVE. PORTIONS OF SECTIONS 32 TWP 54 S. RGE 42 E. AND SEC 5 TWP. 55S RGE 42 EAST EXHIBIT "A"-1 LOCATION SKETCH FOR: VILLAGE GREEN PARK DRAWN: ECG CHECKED: SCALE: v., � 30o DATE: 9/08/97 MIAMI — DADE WATER AND SEWER DEPARTMENT J VILLAGE GREEN PARK, ID # 14883 EXHIBIT "B" OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND VILLAGE OF KEY BISCAYNE SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY Types of Building Usages Adult Congregate Living Units Airport Apartments Banquet Hall Barber Shop Bars and Cocktail Lounges Beauty Shop Bowling Alleys Camper or R.V. Trailer Park Car Wash a) Recycling -Type b) Hand -Type Coin Laundry Country Clubs Dental Office Drive-in Theaters Duplex Factories with showers Factories without showers Food Preparation Outlets (Bakeries, Meat Markets, Commissaries) "B" 1 of 3 100 gpcd 5 gpd/passenger; 10 gpd/employee 200 gpd 25 gpd/seat 10/100 gpd/sq. ft. 15 gpd/seat (stool) 75 gpd chair 100 gpd/lane 150 gpd/space 750 gpd/bay 3500/bay 225 gpd/machine 25 gpcd/member 250 gpd/dentist & 200 gpd/wet chair 5 gpd/car space 250 gpd/unit 20 gpd/100 sq. ft. 10 gpd/100 sq. ft. 350 gpd minimum 50 gpd/100 sq. ft. VILLAGE GREEN PARK, ID # 14883 Types of Building Usages Funeral Homes Gas Stations/mini-marts Health Spas & Gym Hospitals Hotels and Motels House of Worship Kennel Marinas Mobile Home Residences/Park Motor Vehicle Service Station Movie Theaters, Auditoriums, Churches Nursing/Convalescent Homes Office Buildings Pet Grooming Physician Office/ Public Institutions (other than those listed herein) Public Parks with toilets Public Parks with showers and toilets Public Swimming Pool Restaurants (Full -Service) Restaurants (Fast -Food) Restaurants (Take -Out) Schools a) Day care/nursery b) Regular school c) with cafeteria, add: d) with showers, add: e) teachers and staff "B"2of3 10 gpd/100 sq. ft. 450 gpd 35 gpd/100 sq. ft. 250 gpd/bed 100 gpd/room 3 gpd/seat 30 gpd/cage 40 gpd/boat slip 300 gpd/unit 10 gpd/100 sq. ft. 3 gpd/seat 150 gpd/bed 10 gpd/100 sq. ft. 10 gpd/100 sq. ft. 75 gpd/tub 250 gpd/physician 5 gpd/person 20 gpd/person 10 gpd/person 350 gpd minimum; 50 gpd/ seat 350 minimum; 35 gpd/seat 350 gpd minimum 50 gpd/100 sq. ft 5 gpd/student 10 gpd/student 5 gpd/student 5 gpd/student 15 gpd/student /staff VILLAGE GREEN PARK, ID # 14883 Types of Building Usages Shopping Centers(day uses) Single Family Residence Speculation Buildings/Industrial warehouse Stadiums, Frontons, Ball Parks, race tracks, etc Storage or Mini -Warehouse Stores without food service Townhouse Residence Veterinarian Office a) per veterinarian b) with kennels Warehouses Legend: 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. 5 gpd/100 sq. ft. 350 gpd 20 gpd/1000 sq. ft. 3 gpd/seat 5 gpd/1000 sq. ft. 5 gpd/100 sq. ft. 250 gpd 250 gpd 30 gpd/cage 20 gpd/1000 sq. ft. (b) Condominiums shall be rated in accordance with the type of (apartment, townhouse, etc.) "B"3of3 VILLAGE GREEN PARK, ID # 14883 EXHIBIT "C" OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND VILLAGE OF KEY BISCAYNE BUILDING CONNECTION SCHEDULE Units construct bathroom facilities Gallonage 1,250 "C" 1 of 1 Completion of Building Connection 1997-1998