HomeMy Public PortalAboutWater and Sewer Agreement No 14883.tifMIAMI-DADE WATER AND SEWER DEPARTMENT
P.O. Box 330316, Miami, Florida 33233-0316 • 3575 5. LeJeune Road • Tel: 305-665-7471 • Fax: 669-7884
SERVE • CONSERVE
December 12, 1997
Village of Key Biscayne
c/o Mr. C. Samuel Kissinger
85 West McIntyre Street
Key Biscayne, FL 33149
Re: Water and Sewer Agreement for Village Green Park, ID# 14883
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 you have any questions regarding this matter, please do not
hesitate to contact us at 669-7702.
6incerely
est
New Busi Section
Utilities Yievelopment Division
\i-DADE WATER AND SEWER DEPARTMENT
CONVEYANCE OF WATER AND SEWER FACILITIES
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.
If easements are not necessary, submit two (2) copies of the
recorded plat.
e. Warranty Deed
that property
deeded to the
to:
g-
(1)
- If a public pumping station is included,
on which the station is constructed must be
County. It is the developer's responsibility
Prepare a legal description of the site. This should
be submitted during step number one (1) above. The
Contracts Office will prepare the Warranty Deed, using
the legal description submitted by the deveopera'»(2) Submit an Attorney's Opinion of Title, to Metropolitan
Dada 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.
Submit copies of UCC-3 Form, if applicable, after
filing with Secretary of State, State of Florida.
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.
Final Construction Report - 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.
(5)
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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 INSTALLATION: The above
documents are prepared and/or requested by the 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.
•
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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
wpCors4OC1t4883.agr
VILLAGE GREEN PARK, ID # 14883
THIS AGREEMENT, made and entered into at Miami, Dade County, Florida, this
0 c \� day of I l tag) b t , 19 11 , by and between Metropolitan
Dade County, a political subdivision of the State of Florida, hereinafter, designated as
the "COUNTY", whose mailing address is: c% 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, alk/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 alt those units to be constructed on
the VILLAGE'S property. The connection charges are based an the average daily
gallons per day for the various building units and/or use as shown on Exhibit "8"
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 constriction 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 andothers) 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 coum-rs 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
Page7of 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 cormection 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'S bill of sale at the rate authorized from
Florida Statutes, as revised from time to time, until
person. It shall be the VILLAGE'S responsibility to
mailing addresses during the twelve (12) year period.
VILLAGE GREEN PARK, ID # 94883
time to time by Section 687.01,
time of payment by the connecting
provide the COUNTY with current
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 properly 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 alt 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 specificlocationsand 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 VILLAGES 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 forcemajeure, 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
1
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
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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.
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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.
el Do ail -
signature
By:
Rick Her , F Chief
Utilities D v op ent D" ision
Miami -Da a Water an Sewer Department
METROPOLITAN DADE COUNTY
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged *efore me this f
day of wet (t (Jibe ! , 19417, by Rick Herrera, P.E., Chief,
Utilities Development Division, of the Miami -Dade Water and Sewer Departrnent,
who is personally known - - nd did not take an oath.
NOTARY'P BLIC
Page 18 of 19
ate OFFICIAL NOTARY SEAL
0 TOMAS R GOICOURIA
(7.4
�i �, COMMISSION NUMBER.
CC469892
Y COMMISSION EXP.
JUNE 7 199
VILLAGE GREEN PARK, ID # 14883
Attest:
By:
eprrty Villa Clerk
THE VILLAGE OF KEY BISCAYNE, A
MUNICIPAL CORPORATION OF THE
STATE OF FLORIDA
By:
Village Manag
C- Schmitt Itissincjtr
STATE OF FLORIDA
COUNTY OF DADE }
(14
Th' f reg in instrument w s acknowl ed before me this A d
day of NAV , 19 f 7. by ct S' %S7a 4t'i( as Village Manager of Village
o Key Biscayne, a municipal corporation of the State of Florida. H icy
pers ally known to me and did not or have/hasn't produced
tif as identification and /did not a hasn't k'e?�/ take
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NOTARY P BLIC
- t •Iiee (eiaee
PRINT NAME
SERIAL NUMBER
-.1,1,reke+ JackNeug*a4t
Notary Public, Stoic of Florida
` Commission No. 572326
or t9 My Commission Exp. 07125/2000
1-Ba0-3.NOTARY - P1. NotaryServi& & Boodingco.'
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Approved For Sufficiency of Execution Only: Approved as to Legal Form &
Sufficiency
ssista'nt Coun
Page 19 of 19
Attorney for Village
1
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, more
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 of402.76 feet to the Southwest corner of sal 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:425.80feet to. the Point of Beginning 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 lisle 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 DO degrees 29 minutes 38 seconds for an arc distance
of15.21.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 fora distance of 106.60 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 aro 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 fora 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 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 ruff 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 alai -ESE -East 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" 2 of 2
VILLAGE OF KEY BISCAYNE DADE COUNTY / SEC. 32-54-42, 5-55-42
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: MG CHECKED: SCALE: in.3ar DATE: 9/08/97
MIAMI - DADE WATER AND SEWER DEPARTMENT
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 100 gpcd
Airport 5 gpd/passenger,
10 gpd/employee
Apartments 200 gpd
Banquet Hall 25 gpd/seat
Barber Shop 10/100 gpd/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 3500/bay
b) Hand -Type
Coin Laundry - 225 gpd/machine
Country Clubs 25 gpcd/member
Dental Office 259 gpd/dentist &
200 gpd/wet chair
Drive-in Theaters 5 gpd/car space
Duplex 250 gpd/unit
Factories with showers 20 gpd/100 sq. ft.
Factories without showers 10 gpd/100 sq. ft
Food Preparation Outlets 350 gpd minimum
(Bakeries, Meat Markets, Commissaries) 50 gpd/100 sq. ft.
'B"1of3
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 gpoltub
250 gpd/physician
5 gpd/person'
20 gpd/person
10 gpd/person
350 gpd minimum;
50 gpd/seat
350 minimum;
35 gpdlseat
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) 5 gpd/100 sq. ft.
Single Family Residence 350 gpd
Speculation Buildings/Industrial 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
h) with kennels 30 gpd/cage
Warehouses 20 gpd/1000 sq. ft.
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.
(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