79-16056 Resolution t
RESOLUTION NO, 79-16056
A RESOLUTION AUTHORIZING THE EXECUTION OF
A CONTRACT BETWEEN THE CITY OF MIAMI BEACH,
THE VILLAGE OF BAL HARBOUR, THE TOWN OF BAY
HARBOR ISLANDS AND MIAMI-DADE WATER & SEWER
AUTHORITY PROVIDING FOR THE FURNISHING OF
WATER SERVICE BY THE CITY OF MIAMI BEACH TO
THE MIAMI-DADE WATER &-' SEWER AUTHORITY FOR
RESALE TO THE VILLAGE 'OF .BAL HARBOUR AND
THE TOWN OF BAY HARBOR ISLANDS.
WHEREAS, for the reasons more particularly set forth
in Commission- Memorandum No. 7791
City of Miami Beach finds it in t the City Commission of the
to enter into a contract between thebest interest of said City
City of Miami
Village of Bal Harbour, ..:the Town of Bay Harbor IslandscandtMiami--
Dade Water & Sewer Authority- providing for furnishing of water
service by the City of Miami Beach -to the Miami-Dade Water &
Sewer Authority for resale to the Village of Bal Harbour and the
Town of Bay Harbor Islands; and
WHEREAS, said contract will also result in the settle-
ment of certain litigation between the Village of Bal Harbour
and the Town of 'Bay Harbor Islands and- the City of Miami Beach
relating to the sale of water; and
WHEREAS, the City Attorney recommends settlement of
said litigation on the terms contained in said contract and the
City Manager concurs with said terms; and
WHEREAS, the City Manager has recommended.-that the City
enter. into said contract and the' Cit Attorney has a
as to form and legal sufficienc Y Y approved same
Y:
NOW, THEREFORE, BE IT . RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be
and they are hereby authorized and directed to enter into a con-
tract substantially in the form presented to the City Commission
for and on behalf of and in the name of the City of Miami Beach,
Florida.
PASSED and ADOPTED this 17th_ day of October 1979 .
ayor
Attest:
City Cle k
AHM/mcSOFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH FLORIDA 33139
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CONTRACT BETWEEN
THE CITY OF MIAMI BEACH
THE TOWN OF BAL HARBOUR VILLAGE
THE TOWN OF BAY HARBOR ISLANDS
AND
THE MIAMI-DADE WATER AND SEWER AUTHORITY
PROVIDING FOR FURNISHING OF WATER SERVICE
BY THE CITY OF MIAMI BEACH TO
THE MIAMI-DADE WATER AND SEWER AUTHORITY
FOR RESALE TO THE
TOWN OF BAL HARBOUR VILLAGE
AND
THE TOWN OF BAY HARBOR ISLANDS
THIS CONTRACT, made and entered into this ! day of
1979, by and between the City of Miami
Beach, hereinafter referred to as "Miami Beach" , the Town of Bal
Harbour ,Village, hereinafter referred to as Bal Harbour, the Town
of Bay Harbor Islands, hereinafter referred to as BHI , each a
municipal corporation organized and existing under the laws of the
State of Florida, and the Miami-Dade Water and Sewer Authority,
hereinafter referred to as the "Authority" , an agency and
instrumentality of Dade County Florida,
W I T N E S S E T H
WHEREAS, there is an existing contract dated June 24 , 1957 ,
between the Authority and Miami Beach relating to the supply of
water by the Authority to Miami Beach; and
WHEREAS, there have been disputes and litigation between Miami
Beach, Bal Harbour and BHI relating to rights under that contract;
and
WHEREAS , the present supply and pressure of water in Bal
Harbour and BHI is insufficient; and
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WHEREAS , the purpose of this present contract is to provide a
new and total source of water supply directly from the Authority to
Bal Harbour and BHI and to terminate the existing contract of June
24, 1957 , so far as it -relates to Bal Harbour and BHI; and
WHEREAS , it is contemplated that the Authority will build a
30-inch transmission main on the Broad Causeway which will be in
service by June 24, 1987 , which is the termination date of the
existing contract - between the Authority and the City of Miami
Beach , to provide water for Bal Harbour and BHI and perhaps other
communities; and
WHEREAS , in the event that the construction of the 30-inch
transmission main is not completed by June 24 , 1987 , then and in
that event this contract shall be extended as provided in the body
of this agreement; and
WHEREAS, this present contract is for new Bal Harbour and BHI
water supply through a new. 24-inch main from the Miami Beach pump
house at 75th Street to Bal Harbour to be designed and installed
expeditiously by the Authority following execution of this contract
and to be used until the 30-inch main on the Broad Causeway is in
service;
NOW, THEREFORE, in consideration of the - covenants and
agreements herein set forth to be observed and performed, the
parties hereto hereby covenant and agree that the above recitations
are true and further covenant and agree that:
1. The contract of June 24 , 1957 , so far as it relates,
directly or indirectly, to Bal Harbour and BHI will be superseded
by this contract upon the commencement of operation of the new 24-
inch main to be constructed pursuant to this present Contract.
Miami Beach will sell and deliver to the Authority and the
Authority will sell and deliver to Bal Harbour and BHI water
necessary to fulfill their requirements . The water will be
delivered by Miami Beach to the Authority and, in turn, by the
Authority to Bal Harbour and BHI , at the Miami Beach pump house
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located at 75th Street in Miami Beach. The Authority's obligation
to furnish water at this point of delivery is conditioned upon the
completion of a 24-inch water main (the new main) to be constructed
by the Authority between the 75th Street pump house and a
connection at 96th Street and Byron Avenue, Bal Harbour.
Miami Beach will furnish water to the Authority through a
meter to be installed approximately at 75th Street and Dickens
Avenue. This meter installation, including the meter , will be
provided by the Authority. The Authority will furnish water to Bal
Harbour and BHI through meters to be installed approximately' at
96th Street and Bal Bay Drive. Bal Harbour and BHI will each
provide the meter installation, with the exception of the meters,
for its system. The Authority will provide the meters for these
installations.
As part of the new 24-inch main, the Authority will furnish a
meter installation approximately at 87th Terrace and Byron Avenue.
The Authority will provide the meter for this installation. This
meter will initially be utilized to measure water used for
emergency purposes by Miami Beach through inter-connections between
the 75th Street and 87th Terrace meters.
The cost of all meters and meter installations specified in
this Section to be provided by - the Authority will be included in
the total cost of the new 24-inch main.
2. The new main will be constructed by the Authority along a
route which will be the shortest route, consisting solely of
permissable, existing public right-of-ways, between the 75th Street
pump house and the 96th Street connection. The Authority may vary
the route at its discretion but the cost of any deviation from the
shortest route will - not be at the cost of Bal Harbour and BHI. For
, example, if the Authority wants to construct any portion of the new
main on Collins Avenue, the added cost of using a longer route will
not be chargeable to Bal Harbour and BHI when the surcharge is
computed for the purpose of setting future rates. The reason is
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that the deviation from the shortest route would be for the benefit
of the Town of Surfside and not for the benefit of Bal Harbour or
BHI .
A portion of the new main will be located within the
municipal limits of Miami Beach. The Authority will provide tees
in said main during construction at points mutually agreeable to
the parties hereto to allow interconnections to Miami Beach ' s
distribution system for future use. Cost of such interconnections
will be borne by Miami Beach. Those interconnections may be used
only on an emergency basis with approval by the Authority except as
noted below.
The Authority will install a back flow prevent'er and remote
reading pressure recorder in the new main approximately at 87th
Terrace, which devices will be an integral component of the new 24-
inch main.
3. The total water flow of the Authority for Bal Harbour and
BHI has been estimated, but is not limited to be, as follows:
Maximum Day Flow Average Daily Flow
(million gallons) (million gallons)
1980 4 . 236 2. 405
1985 4.410 2. 550
1990 4. 530 2.650
7 1995 4.620 2.725
2000 4.680 2.775
2005 4.740 2.825
2010 4.770 2.850
The Maximum Day Flow as used herein shall mean the,- maximum flow in
any one day or 24-hour period during the year. Average Daily Flow
as used herein shall mean the total water flow during the year
divided by 365 days. Year as used herein shall mean the fiscal year
starting October lst and ending on September 30th.
4. All water delivered by the Authority hereunder shall be
of good and potable quality satisfactory for domestic use and shall
have received the same treatment and be of the same quality as that
furnished to Miami Beach.
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5. The water furnished by Miami Beach hereunder shall be
delivered to the Authority at the point of delivery at the pressure
which Miami Beach, in the operation of its transmission and
distribution facilities, endeavors to maintain at such point of
delivery for the purpose of rendering adequate water service in the
City of Miami Beach. Miami Beach shall have no responsibility to
maintain beyond such point of connection such water pressures and
storage facilities as may be required to meet fire flow
requirements as they may exist from time to time. The Authority
shall have the responsibility to maintain at its 96th Street meters
serving Bal Harbour and BHI , and not beyond that point, such water
pressure as may be required to meet fire flow requirements as they
may exist from time to time of Bal Harbour and BHI .
In the event that, despite all reasonable diligence exercised
by Miami Beach in maintaining adequate storage and transmission
facilities, there should at any time be an insufficient supply of
water , to supply the total requirements of the Authority, due to
causes beyond Miami Beach ' s control, Miami Beach shall be deemed to
have fully performed its duties and to have discharged 'its
obligations hereinunder if, in such circumstances, it shall furnish
and deliver to the Authority its pro rata share of such supply.
Similarly, if despite all reasonable diligence exercised by the
Authority in constructing and maintaining adequate transmission and
metering facilities, there should at any time be an insufficient
supply of water to supply. the total requirements of Bal Harbour and
BHI, due . to causes beyond the Authority' s control, the Authority
shall be deemed to have fully performed its duties and to have
discharged its obligations hereunder if, in such circumstances, it
shall furnish and deliver to Bal Harbour and BHI their pro rata
share of such supply.
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6. Miami Beach shall deliver the water provided for under
this Contract to the Authority at a rate as nearly uniform as
practicable throughout each 24-hour period during December ,
January, February, March and April of each winter season and at all
such other times when the daily quantity of water delivered
hereunder shall exceed 80 percent of the average daily quantity
delivered hereunder during the preceding winter season. Miami
Beach shall have the right to make such tests as it shall deem to be
necessary, and at such times as it shall deem appropriate to
determine to what extent the maximum 60-minute sustained demand
imposed upon the facilities of Miami Beach by the requirements of
the Authority hereunder between the hours of 8 :00 A.M. and 9 :00
P.M. is exceeding the average hourly demand, based upon the 24-hour
day, for and during the same month. Such tests shall apply to each
of the five (5) winter months set forth above and to any other month
in which the average hourly demand is equal to or greater than the
average hourly demand for said five (5) winter months, considered
collectively. For the purpose of making each such ,test and of
ascertaining and utilizing the result thereof to give effect to
this provision, Miami Beach shall use a recording flow meter
installed at the point of delivery provided for herein. In the event
that the maximum 60-minute sustained demand between the hours of
8 :00 A.M. and 9 :00 P.M. , as shown by such recording flow meter ,
shall exceed 160 percent of the average hourly demand, based upon
the 24-hour day, for and during the same month, Miami Beach shall
have the right to increase the rate per thousand (1,000) gallons of
water , developed in accordance with the provisions of Section 9
herein, for all water delivered hereunder during the month in which
such tests are made, by 1 percent of rate for each 4 percent or
major fraction thereof by which said maximum 60-minute sustained
demand shall exceed 150 percent of said average hourly demand. No
increase in rate provided for in this provision shall be applied
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during any period or time when any of the transmission, storage or
pumping facilities of the Authority, Bal Harbour, or BHI are not
available for service clue to reasons beyond the control of those
parties.
7. The Authority will , in the presence of representatives of
the other parties if so desired, test and calibrate on the day of
meter readings each month , all master meters referred to - herein.
In addition, once each year in place of the regular monthly tests ,
the Authority will require the manufacturer of the meter (s) or his
agent to submit certified calibration tests to all concerned
parties hereto. If any monthly test report or an annual report
shows meter errors in excess of plus or minus two percent (2%) of
full scale there will be an appropriate adjustment by Miami Beach
or the Authority, depending on the meter (s) involved, for the last
month ' s billing. Such adjustment will appear as a charge or credit
on the next monthly service bill rendered to the Authority or to
Bal Harbour and BHI .
Registration of meters) when maintained as above shall be
binding upon all concerned parties hereto as a basis for all water
flow charges. Access to meters) shall be available to all
concerned parties herein upon request and in the presence of a
representative of the Authority. In case of meter failure, each
successive monthly charge shall be based on the last available
monthly meter reading.
Meter readings shall occur as nearly as possible on the
twenty-eighth day of each month.
The Authority will, upon request from any of the other parties
hereto, order a certified calibration test in addition to the
annual report on the meter and, in the event the test shows meter
error in excess of plus or minus two percent (2%) , there will be an
appropriate adjustment by Miami Beach or the Authority, depending
on the meter (s) involved, of the recorded flow since the time of
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the* last monthly reading , or date of request, of the meters and
shall be included in the next monthly service bill rendered by
Miami Beach or the Authority. Such adjustment will appear as a
charge or credit on the next monthly service bill rendered to the
Authority or to Bal Harbour and BHI . If Bal Harbour or BHI requests
such test and/or calibration and the test shows meter error to be
two percent (2%) or less , the cost of such test and calibration
will be reimbursed in full by those parties to the Authority in the
next monthly service bill. If Miami Beach requests such test and
calibration and the tests shows meter error to be two percent (2%)
or less , the cost of such test and calibration will be credited in
full to the Authority by Miami Beach in the next monthly, service
bill .
Any party hereto may install , maintain and operate, at no
expense to the Authority, such check measuring equipment as it
shall desire, provided the equipment shall be so installed as not
to interfere with the operation of the meter (s) .
The ' parties hereto shall have the right to be present at the
time of, and the Authority shall serve reasonable prior written
notice of, any installing , cleaning, changing, repairing ,
calibrating or adjusting done in connection with the meter (s)
described herein.
8. Miami Beach hereby agrees to provide emergency service to
the Authority for the facilities defined above in the event of a
line break. Such work will be handled as any break in the Miami
Beach system and will be done without a written work order or
written request from the Authority. Such emergency work will be
paid for in the manner as provided hereinafter. Miami Beach will,
to the best of its ability, have the necessary repair sleeves and
other parts in stock and will provide the necessary equipment and
personnel required to make emergency repairs. The Authority will
obtain an initial inventory of repair items for the 24-inch main
and include the cost of these items in the total cost of the new 24-
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inch main. Miami Beach will be responsible for reordering items as
needed. In the event the repairs are temporary, permanent repairs
will be made as soon as practical in the same manner as though the
facility to be repaired was located within Miami Beach. The
Authority may cancel at any time said emergency service provision
by written notification to Miami Beach of such intent to cancel.
Charges for emergency maintenance services provided to the
Authority by maintenance crews of Miami Beach will be billed to the
Authority and rebilled by the Authority to Bal Harbour and BHI
under the provisions of Section 9B (c) based on time charges and
any direct expenses incurred. Charges shall be computed as
follows :
A. For all labor , including a foreman in direct
charge of the work, the charge shall be each individual ' s
actual gross hourly rate plus ten (10%) percent for every
hour recorded for such work. Gross hourly rate as used
herein shall include the individual ' s hourly wage plus
the respective Social Security Taxes, Unemployment
Insurance , Workmen ' s Compensation, Holidays, Vacations,
Pension Contributions and other fringe benefits as may be
provided to the individual by Miami Beach and shall be
based on the actual wages paid to such individual.
B. For all materials used, the charge shall be the
actual documented cost of such materials, including
freight charges, storage, insurance, damages, etc. . to
which cost shall be added an amount equal to ten (10%)
percent thereof.
C. For any machinery or equipment, including fuel
and lubricants, maintenance, insurance and all other
related operating costs required for the, economical
performance of the work, the charge shall be based on the
same cost Miami Beach pays to its mechanical maintenance
fund plus ten (10%) percent for every hour that such
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machinery or equipment is in use or in transit to the
Authority' s transmission facilities.
D. For any miscellaneous costs or services
required for the completion of the work for the
Authority, the charge shall be the actual charge plus ten
(10%) percent thereof. Miami Beach .may elect to hire a
subcontractor to perform portions of such work. In that
event, the charge to the Authority shall be the
subcontractor ' s billed and verified costs.
At the end of each day in which work has been completed by
maintenance crews of Miami Beach on facilities of the .Authority,
the project foreman shall submit to the Director of the Miami Beach
Public Works Department a work report indicating the work
completed, personnel, parts, and equipment used and the time each
was used plus any direct or miscellaneous charges.
Monthly charges for emergency maintenance service by Miami
Beach on Authority facilities as provided herein or in an addendum
hereto shall be billed when the work is complete. Interim billings
for work in progress may be submitted by Miami Beach. Payment by
the Authority shall be made within 30 days of the Authority' s
receipt of the aforesaid interim or final bills .
9A. (a) The Authority will -pay Miami Beach for the right to
use Miami Beach' s 79th Street, Causeway main, 75th Street pump house
and 75th Street storage tanks on the basis of per thousand gallons
for the water destined_ for Bal Harbour and BHI at a rate equal to
140% of the rate per thousand gallons payable by Miami Beach to the
Authority for the water purchases pursuant to the contract of June
24 , 1957 . However , the flows for which the Authority will pay
Miami Beach as indicated hereinabove will be reduced by Miami
Beach ' s emergency usage of the new 24-inch main as determined by
the difference in the 75th Street and 87th Terrace meter readings.
(b) It is contemplated that a 30-inch main ' to be constructed
by the Authority and referred to elsewhere in this agreement will
be placed in service no later. than June 24 , 1987 . In the event it
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is not, for reasons other than force majeure, commencing with the
first billing period after June 24 , 1987 , an additional charge
computed as set forth hereafter shall be paid to Miami Beach by the
Authority for each - and every month until said line is placed into
service. Said charge shall be equal to one twelfth of the annual
principal and interest payment required to, support a general
obligation bond issue, bearing interest at the same rate the bonds
of Dade County last sold prior to June 24 , 1987 shall bear , having a
maturity of 20 years, and in the aggregate amount computed by
adjusting the amount of one million dollars by the increase or
decrease in the cost of construction for the period from the.
effective date of this Contract through June 24 , 1987 as computed
by using the index from the Engineering News Record. Said sum
shall be placed in a separate interest bearing escrow account to be
held by the Authority and may be drawn upon only for the actual
costs of constructing said 30-inch main. All interest earned on
said separate account shall belong to Miami Beach and may be drawn
at will by it . The sums required to be paid pursuant to this
paragraph are in addition to the sums required to be paid by other
portions of this agreement but shall not be included in determing
any charge made by the Authority to Bal Harbor or BHI under section
9B (a) herein.
9B. Bal Harbour and BHI shall pay to the Authority on a pro.
rata basis as established by the relative flows measured by
the 96th Street meters for water delivered to Bal Harbour and BHI
an amount consisting of and equal to the following components:
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(a) A charge computed by multiplying the rate
established by Miami Beach for the water sold to the
Authority as described in Section 9A (a) herein, by the
flows measured by the 75th Street meter less any flows
used by Miami Beach for emergency purposes as indicated
by the difference in the 75th Street and 87th Terrace
water meter readings.
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(b) A charge ,per monthl for interest and
depreciation in -an amount equal to seven - tenths of one
percent (0 .7%) of the actual investment of the Authority
in the new 24-inch main, spare parts and appurtenances.
The Authority' s actual investment will be the difference
between actual costs and the total of all contributions
from the Town of Surfside toward the costs of said main,
spare parts and appurtenances.
In the event that the Authority is required by the
proper Authorities to relocate any portion of the new 24-
inch main, the cost of any such relocation shall be added
to the Authority' s actual investment in said main for the
purpose of computing the interest and depreciation charge
in accordance with this Subsection.
In the event that the Authority determines that an
additional pump or an emergency power generator at Miami
Beach ''s 75th Street pump house are necessary to meet the
demands of Bal Harbour and BHI , the Authority will have
such facilities installed. The cost of those facilities,
not to exceed fifty thousand dollars ($50 ,000.00) ,
without receiving specific approval from Bal Harbour and
BHI, shall be added to the actual cost of the new 24-inch
main.
Even though this Contract will terminate when the
aforesaid Broad Causeway 30-inch main is in service, a
charge for interest and depreciation of the new 24-inch
main, spare parts and appurtenances will be included in
the rate provisions of any new contract negotiated
between the Authority, Bal Harbour and BHI for volume
water service, but in no case shall the total
reimbursement exceed the actual cost including a
reasonable allowance for financing charges.
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(c) All actual operating and maintenance costs,
including but not limited to billing, meter reading and
meter calibration costs, associated with the new 24-inch
main and appurtenances thereto.
(d) A charge as described in Section 9A (b) herein
if the delay in commencing operation of the Broad
Causeway water service is attributable to unreasonable
delay by either Bal Harbour or BHI to provide timely
funding or contractual commit)tments to the Authority.
The Authority will bill Bal Harbour and BHI based on their
separate meters , but will consider them as a collective customer
for the volume rate.
In conjuction with the amounts to be paid as described herein-
above, Bal Harbour and BHI shall pay (or be credited) any
adjustments on the monthly water service bills submitted by Miami
Beach to the Authority for water supplied to Bal Harbour and BHI .
Such adjustments are necessary because the rate to be applied
against any given month' s flows is not available until a succeeding
month.
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10. Until the new 24-inch main is in operation, Bal Harbour
will pay directly to Miami Beach at a rate equal to 140% of the rate
per thousand gallons payable by Miami Beach to the Authority
pursuant to the contract of June 24 , 1957 . BHI will pay its share
in accordance with present practice. All parties to this contract
agree that such a rate is fair and equitable and hereby waive any
review of this rate.
11. Upon the commencement of operation of the 30-inch trans-
mission main across Broad Causeway, 'the ownership of that portion
of the 24-inch main lying within the municipal limits of Miami
Beach will be conveyed to Miami Beach. Upon receipt of title to the
24-inch main by appropriate bill of sale, Miami Beach may use such
interconnections as it desires on a full time basis. Such transfer
of title shall constitute full and complete satisfaction of any
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unamortized costs incurred by Miami Beach in water facilities
existing as of the date of this Contract necessary for providing
service to the Authority, Bal Harbour and BHI .
12. The Authority, Bal Harbour and BHI - hereby covenant and
agree at all times while this Contract is in full force and effect
that they will continuously own, control, operate and maintain
their water and sewer utility systems in an efficient and
economical manner and on a revenue-producing basis and will at all
times establish, fix, maintain and collect, rates, fees and other
charges for water service at all times to provide for and make
payments required in accordance with the terms of this Contract.
13. Payment of the sums provided for in this Contract shall
be on a monthly basis. The time of month and the place of payment
shall be specified in writing by the parties hereto upon execution
of this Contract.
14. In settlement of all prior litigation regarding water
rates between Bal Harbour , Bay Harbor Islands and the City of Miami
Beach, Bal Harbour and Bay Harbor Islands shall collectively caused
to be paid to Miami Beach the sum of $355 ,209 from the now existing
escrow funds established in connection with the aforesaid
litigation. The parties hereto agree to cause their respective
counsel to take such action as may be .necessary to cause said funds
to be released f rom escrow in order that Miami Beach may be paid the
sums set forth above and remaining funds in said escrow disbursed
to Bal Harbour and BHI in accordance with their interests in said
escrow funds.
15. Should any party hereto be delayed in or prevented,' in
whole or in part, from performing any obligation (including but! not
limited to water service) or conditions hereunder or from
exercising its rights by reason of or as a result of any force
majeure, such party shall be excused from performing such
obligations or conditions. The term "force majeure" as used herein
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means Acts of God, strikes, lockouts, or other industrial
disturbances; acts of public enemy, blockades, wars, insurrections,
or riots ; necessary maintenance work, breakdown of or damages to
machinery, pumps or pipelines; epidemics, landslides, earthquakes,
fires ,• storms , floods, or washouts; arrests , title disputes , or
other litigation; governmental restraints by either federal or
state agencies having ' jurisdiction or by local regulation
applicable county-wide and based on federal or state agency action,
civil or military; civil disturbances; explosions; inability to
obtain necessary materials, supplies, labor , or permits whether due
to existing or future rules, regulations, orders , laws, or
proclamations, either federal or state, civil or military; or
otherwise and other causes beyond the control of such party,
whether or not specifically enumerated herein.
16 . Disputes under this Contract shall be decided by the
Florida courts of appropriate jurisdiction. All parties to this
Contract have an interest in the resolution of any dispute.
17. This Contract shall inure and be binding upon the
successors of each of the parties hereto.
18 . In the event that any section, paragraph, clause or
provision of this Contract shall be invalid or unenforceable for
any reason, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any or the
remaining provisions of this Contract.
19. In the event any party to this agreement determines to
issue Bonds and a nationally recognized Bond Counsel certifies that
amendments to this agreement, which in the opinion of such Bond
Counsel, and Counsel for the parties, are minor or non-substantive,
would enhance the marketability of such bonds, the parties hereto
shall modify this agreement accordingly unless by reason of
contract or law one or more of the parties ar unable to do so.
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e
THE MIAMI-DADE WATER & SEWER
AUTHORITY (AUTHORITY)
By '
CITY OF MIAMI BEACH (MIAMI BEACH)
ATTEST:
bQ� �_J BY' .
City Clerk Mayor
TOWN OF BAL HARBOUR VILLAGE
(BAL HARBOUR)
By:
MAIOR
TOWN OF BAY HARBOR ISLANDS (BHI)
By. JA&' Xi `
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