Miami-Dade Legislative Item
File Number: 131118
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File Number: 131118 File Type: Resolution Status: Adopted
Version: 0 Reference: R-592-13 Control: Board of County Commissioners
File Name: SANITARY SEWAGE FACILITIES WITH CM DORAL Introduced: 5/29/2013
Requester: NONE Cost: Final Action: 7/2/2013
Agenda Date: 7/2/2013 Agenda Item Number: 11A5
Notes: REQUIRES 2/3 VOTE - X-REF. W/ LN# 130803 Title: RESOLUTION APPROVING AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES WITH CM DORAL DEVELOPMENT COMPANY, LLC FOR TWENTY YEAR PERIOD; AUTHORIZING PAYMENT NOT TO EXCEED $700,000.00 FOR RECONSTRUCTION OF PUMP STATION 14; WAIVING FORMAL COMPETITIVE BIDDING REQUIREMENTS OF SECTION 2-8.1 OF THE MIAMI-DADE COUNTY CODE, SECTION 5.03(D) OF THE HOME RULE CHARTER, AND SECTION 255.20, FLORIDA STATUTES, BY TWO-THIRDS VOTE OF THE BOARD; AND AUTHORIZING MAYOR OR MAYOR’S DESIGNEE TO EXECUTE AND EXERCISE PROVISIONS CONTAINED THEREIN [SEE AGENDA ITEM NO. 7L]
Indexes: WATER FACILITIES
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/2/2013 11A5 Adopted P

Infrastructure & Capital Improvements Committee 6/11/2013 2A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Sarah Davis read the foregoing proposed resolution into the record. It was moved by Commissioner Moss that the Committee forward the foregoing proposed resolution to the Board of County Commissioners with a favorable recommendation. This motion was seconded by Chairwoman Heyman, followed by discussion. Commissioner Heyman noted the developers would perform the reconstruction of a pump station; they would be responsible for 40 percent of the reconstruction costs, and the County would reimburse 60 percent of the costs to the developers. Mr. John Renfrow, Director, Water and Sewer Department (WASD), clarified that the County would cover 60 percent of the cost of building the pump station, and the contractor would be responsible for all the other costs. He pointed out that the County had a pump station at that location presently that would have to be repaired anyway. Commissioner Heyman noted she would support this item. She said that in her district an entire development needed a pump station and the developers had put the work on hold until they were able to raise the necessary funds. She stated that if she understood this correctly, she could inform them that the County could provide them with a portion of the funds for the pump station. Mr. Renfrow reminded Commissioner Heyman about all of the discussions which the County had in recent weeks regarding water and sewer. He informed her that there was a pump station improvement program, which could benefit the developers, and said that he could sit down with her to discuss how to access these funds. Commissioner Heyman said this could be likened to a public/private partnership, and asked whether what was done for Doral could be replicated elsewhere in the County, as most of the districts had similar problems. Mr. Renfrow indicated that this had been done in other areas of the County. Chairman Zapata noted he concurred with Commissioner Heyman that this seemed like a wonderful concept, and asked whether a particular formula was used to determine the funding under this program. Mr. Renfrow explained that his department analyzed the zoning, the building permits that would need to be issued, and the plans. He said that staff estimated how many gallons would be necessary, how much the project would cost, and divided the cost by the gallons to determine how much each developer would have to contribute. Pursuant to Chairman Zapata’s suggestion that the WASD conduct a review of its estimates, as this could be beneficial for future funding decisions under this program, Mr. Renfrow noted he agreed that this would be useful. Chairman Zapata encouraged Mr. Renfrow to pursue these public/private initiatives. Hearing no other questions or comments, the Committee members proceeded to vote on the foregoing proposed resolution, as presented. Commissioner Moss asked for a point of personal privilege, and introduced his summer intern, a Criminal Justice student.

County Attorney 5/29/2013 Referred Infrastructure & Capital Improvements Committee 6/11/2013

County Attorney 5/29/2013 Assigned Henry N. Gillman 6/4/2013

Legislative Text


TITLE
RESOLUTION APPROVING AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES WITH CM DORAL DEVELOPMENT COMPANY, LLC FOR TWENTY YEAR PERIOD; AUTHORIZING PAYMENT NOT TO EXCEED $700,000.00 FOR RECONSTRUCTION OF PUMP STATION 14; WAIVING FORMAL COMPETITIVE BIDDING REQUIREMENTS OF SECTION 2-8.1 OF THE MIAMI-DADE COUNTY CODE, SECTION 5.03(D) OF THE HOME RULE CHARTER, AND SECTION 255.20, FLORIDA STATUTES, BY TWO-THIRDS VOTE OF THE BOARD; AND AUTHORIZING MAYOR OR MAYORíS DESIGNEE TO EXECUTE AND EXERCISE PROVISIONS CONTAINED THEREIN

BODY

WHEREAS, the CM Doral Development Company, LLC, is the developer ("Developer") of those certain parcels of land commonly known as Downtown Doral ("Downtown Doral"), which is the redevelopment of the former approximately 1.2 million square foot Koger Office Park, located at approximately NW 53 Street, between NW 79 Avenue and NW 87 Avenue, within the City of Doral, Miami-Dade County, Florida; and
WHEREAS, the Downtown Doral project (the "Project") was approved by the City of Doral pursuant to City of Doral Ordinance No. 2006-05, as amended by City of Doral Ordinance 2012-08, and currently contemplates the development of 213,895 square feet of retail/commercial (including office) use; 1,509,901 square feet of office use; 2,840 residential dwelling units; 100,000 square feet of municipal use (a portion of which may be office); and a school with up to 800 student stations; and
WHEREAS, due to the scope of the Downtown Doral project and in accordance with City of Doral regulations, the City and Developer entered into a Master Development Agreement dated August 22, 2006, (the "Master Development Agreement"), which was subsequently amended on March 28, 2012; and
WHEREAS, the Master Development Agreement, as amended, contemplates the development of Downtown Doral over an extended period of 20 years (the "Buildout Period"); and
WHEREAS, the City's approvals of Downtown Doral and the Master Development Agreement, as amended, contemplate significant improvements to the existing public infrastructure already in existence within the Downtown Doral area, valued in excess of $50 million (the "On-Site Infrastructure Improvements"); and
WHEREAS, in order to facilitate the On-Site Infrastructure Improvements, the Developer petitioned and, in June 2008, the County established a community development district known as the Downtown Doral Community Development District; and
WHEREAS, as part of the On-Site Infrastructure Improvements, the Developer and the Downtown Doral Community Development District will be installing over $3 million of water and sewer improvements which will be conveyed to the County; and
WHEREAS, in addition to the On-Site Infrastructure Improvements, the County has identified that County Regional Sewer Pump Station 14 ("Pump Station 14") is extremely overburdened, is not operating efficiently, and is in need of repair; and
WHEREAS, the County has determined that the development of Downtown Doral, if built to its full development program, would result in the need to expand the capacity of Pump Station 14 and, based on County plans for Pump Station 14, such development would result in the use of between thirty and forty percent of the capacity of a repaired and rebuilt Pump Station 14; and
WHEREAS, the Developer has requested that the County provide a Water and Sanitary Sewerage Facilities Agreement ("Facilities Agreement") pursuant to the Water and Sewer Departmentís Rules and Regulations and Chapter 32 of the Miami-Dade County Code; and

WHEREAS, in light of the twenty (20) year Buildout Period, the Developer has requested that the County issue a Facilities Agreement with a twenty (20) year term; and
WHEREAS, as part of such Facilities Agreement, the County has also requested that the Developer perform the reconstruction of Pump Station 14, with the Developer responsible for forty percent (40%) of the cost of such reconstruction and the County reimbursing the Developer for sixty percent (60%) of such costs but not to exceed $700,000.00; and
WHEREAS, CM Doral Development Company, LLC is uniquely qualified to undertake the reconstruction of Pump Station 14 as it is performing the Project including the On-Site Infrastructure Improvements that is affiliated with Pump Station 14; and
WHEREAS, the approval of a Facilities Agreement with a twenty year term and with the provision that the Developer is to perform the work on Pump Station 14 with a bid waiver requires approval of the Commission; and
WHEREAS, the County Mayor has recommended that a waiver of competitive bids is in the best interest of Miami-Dade County, such recommendation being attached hereto and incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this Resolution and approved.
Section 2. The Board approves the Agreement for Water and Sanitary Sewerage Facilities with CM Doral Development Company, LLC, in substantially the form attached hereto and made a part hereof; authorizes a payment not to exceed $700,000.00 for reconstruction of Pump Station 14; finds it to be in the best interest of the County to waive formal bid procedures pursuant to Section 2-8.1 of the Miami-Dade County Code and Section 5.03(D) of the Home Rule Charter, and Section 255.20, Florida Statutes, by a two-thirds (2/3) vote of members of the Board of County Commission; and authorizes the County Mayor or the Mayorís designee to execute the Agreement and exercise the provision contained therein.



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