Bill of Sale and Assignment with Metro Dade County i
BILL OF SALE AND ASSIGNMENT
THIS INSTRUMENT made this day of , 1991, by
the CITY OF MIAMI BEACH, (CITY) , and METROPOLITAN DADE COUNTY
(COUNTY)
WHEREAS, the CITY and the COUNTY entered into an Agreement the
6th day of November, 1990, providing - for relocation of a point of
delivery of water service (the "Agreement" ) ; and
WHEREAS, the Agreement provides that the CITY shall transfer
title to the COUNTY a portion of the transmission main on the
MacArthur Causeway;
NOW, THEREFORE, for and in consideration of ten dollars
( $10 . 00) and other good and valuable consideration, the parties
hereto agree as follows :
;
1 . Bill of Sale. The CITY hereby grants, bargains , sells ,
transfers , and delivers unto the COUNTY that portion of the CITY ' s
water transmission system extending from the east end of Watson
Island west along the MacArthur Causeway to N. E. 13th Street and
Herald Plaza in Miami as more particularly shown on "Exhibit A"
attached hereto, to have and to hold unto the COUNTY, its
successors and assigns forever. The CITY covenants to and with the
COUNTY, its successors and assigns that the CITY is the lawful
owner of the above described property; that said property is free
from all encumbrances; that the CITY has good right to sell the
same aforesaid; that the CITY will warrant and defend the sale of
the said property unto the COUNTY, its successors and assigns,
against the lawful claims and demands of all persons whomsoever.
2 . Assignment of Easements, Licenses and Permits . The CITY
hereby assigns and transfers to the COUNTY all of its rights, title
and interest in and to the following:
a) Any and all rights, licenses and permits from the
Department of the Army Corps of Engineers and Sate of Florida,
Department of Environmental Regulation issued to the CITY in
connection with the construction of the water transmission main
described above.
b) Any and all other rights, interests, easements,
licenses and permits issued or granted by any other governmental
authority, person, firm, or corporation in connection with the
transmission main conveyed to the COUNTY hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their respective officials hereunto
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duly authorized, this day of 4 1991.
CITY OF MIAMI BEACH
ATTEST:
By:TAO (SEAL) By: (SEAL)
City Clerk Mayor
ACCEPTED BY:
METROPOLITAN DADE COUNTY
By:-,
arrett S an, Director
Miami-Dade Water and Sewer
Authority Department
FORM APPROVED
LEGAL DEPT.
By
Date 7 �l
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MAR-12-SS 14 : 36 FROM: MIAMI BEACH PUBLIC WORKS ID: 3056737647 PACE 2
• pia r, 12, 1999 3:UJFM MUWAH SALMU YLAN111h DI V 151UN 5J1:14, sy33
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$EBVICE CONTRACT
DEVARM TT OF WAT11t AND SP:MTF.1$S OF THE
CITY OF MtM1
AND
TNB cm 91 M EACH
SEWAGE DISPOSAL _
TUILS CON'PAA+ 6 made OW eutsrad l nco thla 17th day.of
may _, 1972 by axtd between the DEPARTMENT OF WATER
ANO suEBRS OF THE CITY OF MIAMI, Sri agency and iaatrumentolity
of the City of Miami, a =wjdip&1 corporation of the SCate of
Florida (hereinafter atsaetises c0lied the "DepARTMEMT"), party `
of the fi;at part, and the CITY OF HT MI BEACH, a municipal
corporation of the State of rJorida, (hareinafter sometimes
called the "CITY"), party of the second part;
WHERFAB, the Gity destras to obtain savage disposal
ssrvica for sanitary sewage and liquid wastes to be discharged
#rem asnitgty newer servige area of the City of Wilmi Bcaah,
the Town of surfaide. NaAh Bay Vill.ags, the Town of Bay
�+► HaYbat Islands, the Villa& of Bat Harbour and Indian Creek
Village as the boundaries of eaoh exist On the date hereof unI629
• altered by future apeewnt of the City and Department, Such
asegs hereinafter referred to as INIA Z bEICH SEWER SERVICE
AREA ; and
WRERM, the DEPAR2= has previously eetared inco a
number of contracts to nandOt sewags disposal service to other
public sg•aaiee and mtmicipalitiea within Dade County, rlorida;
and
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MAR-12-SS 14 : 36 FROM: MIAMI BEACH PUBLIC WORKS ID: 30SS737647 PAGE 3
Mir. 12. N99, 3:URM MDWM MIEN ?LAMNti VIVIMN :v a, J�JJ
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WIzREAs, the DEpART%= and the CITY have entered into +►
6eparate contract entitled "Cost participation Contract between
Department of Water and Sewers of the City of Miami and the
~ City of Miami Beach, for the Enlargement of the Existing Sewage
Treatment p1nnt on vltgini& My and %he Dxten■lon of the Ocean
outfallo. dated nMAty_jj 1972, which is to be approved
and ouscuted aimultanecualy With this contract; and
WHEREAS, the DEFARTmeNT is wi lltng to provide the asWdge
disposal service deacribdd herein if all of the te=a and
conditions hereinafter recita4 shall be observed and carried
into effect;
MCW, TNEAMPORE, IN�CWMZDRAATIdN OP THE COVR1d W79 R{EAEIN
STATED, THE 1PARTIES NSRETO AGM AS FOLLOWS:
SECTION I
CONSTRUCTION.-, OPMATION AM bLNINTERANCO
The CI'T'Y, at its ske cost and.pxpen'er, shall conatruct
or install, and thereafter operate and maintain (except as
• othervive provided her"n), at its expenev, all structures,
force laains. tran6lniasion maine, pumps, equipment. ocrevninvo
removal and other facilities required foC transporting the -
sewage from within the Miami NeAdh Soarer Service Area to tho
paint of connection of ouch facilitiea with t1hn 5evago Dioposal
Syataa of the DEPARTMEMT, which point of connection ®hall be
at a location designated by the DEPAIt'rM=T On Virginia Key.
One completa metering dovice shall be installed and the CITY
shall retain vwnarabip thereof. The motor shall_ be maintained
by the DIMAaTMENT at the cost of the CITY. The DEPAR'TWAIT
shall provide required easoment9 on propertica undcr its
eontrol at no coot to th® CITY. and xsaist the CITY ire acquiring
,' any tequited easements its sorvicc &reds under the CTTY'S Cont'.-o1.
MAR-12-SS 14 : 36 FROM: MIAMI BEACH PUBLIC WORKS ID: 3056737647 PACE 4
Mir, 1 YVY J:UUM MDWA�U lALLLUU fLRAN I Ntr 111 V I 1 I UN na• ,��.y� ai ►•}
Additional poi>ats of CgMnectioa may be earablished at such
times and places sa abull be mutually agreed upon by the parties
bereta. The CITY shall bear this vntiv- teost And expense of
establishing each such sddieianel point of connaction, abta to ng
such easements as may be needed and furnishing all necessary
Labor and materiale required to connect to the DEPARTMENT'S ••
®awsge treatment facilities, all in accordance with plains '
*ad specificati•vna to be apprwcd by the b1EPARTHEM.
ill movage floors to each plant shall be metered separately
and a readintg of the wetcrs shall be taken by the DEPARTMENT unt
or about the i$tb day of each month and shall be used for
. Monthly billing purposes under the provisions of Section xY
hereof... The accuracy of the tasters WL11 be checked once every
'• three months at s time mutually Agreeable to the CITY and the
DEPARTMENT and shall be rgcalibtated .if found to be in error by
more than Zx.
ro protect the DEPART9ENT against the possibility of baiaK
required to,dtapose of ground water originating within the
c9rfines of unid Miami acts Sever Service Area, all now
sanitary sewage and iiqu d waste collection facilities shall
be cangtructtod and inetetled in accordance with prams and
apoeifications prepared by Che CITY and submitted to the
DEPARTMNT, For approval of design and features affecting
infiltration. Written approval or abjeotione thereof shall
be rAde withln thirty (30) days.
In the event that tha DUARTHENT should desire to provide
sewage disposal service to =mieipeli.ttes other than those
munlcipaltties in the Miami Beach Sewr Service._ Urea, the
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MAR-12—SS 14 : 37 FROM: MIAMI BEACH PUBLIC WORKS ID: 3056737647 PAGE 5
Mar. 1L. IM 3:uux MUWA,)U JRL6CUU rc,Hnntl117 Ul-41JLVII 11 u, JJJJ 1, JJ L
• pBp4TnNT reserves the right to sake a separate contract with
f-.
such mmici,palities for such disposal of sanitary sewage and
liquid wastes, providing such di<spoaal does not impair effluent
quality from the plant or the quantity addad to existing plant '
flow does not exceed 907 oP the DEPARTHNNT's p_vtian eE plant
aapaeity.
Its order to convey its sewage and liquid vastss througb
the DEpARTmml s far:i lities. the CITY shall maintain sufficient
preeAure within its system to maintain the desired rate of
discharge into the DEPARTMENT's gaCi►litias on Virginia Kay.
It is agreed that espacity has been prvvidad in the
eew&Sc disposal facilities to receive a four-hour sustained
wexinmo of 60 Wo poak flow fmm tho C17Y, and 1% MGD peak
Claw fvcm the DEPARTMENT, as measured by the CITY's and
AgTMRT's meters. When s peak flow of seventy-Five per cent
D6P P
(75x) of 60 MGV by the CjTY or 150 MCD by the DEPARTMENT has
been experienced, the DEPARWNT end the CITY shall review
Sxl economic!!actors and shall plan for the construction of
additional aewsge disposal and outfall facilities; provided,
havev ar, that nothi,t% herein contained shall be construed or
iriterrpreted as to require or compel the C17Y to enter into a
Contractual relaeionahip with the DEPARMOM in this regard.
Cost participati.On by the CITY shall be bassd upon the additional
capacity to be constructed and ocher factors in a similar
manner to the Cost Participation Contract between the VEYAR7MENT
and the CITY C]' MI MI BEACH, dated 19710
TYPE dF YMTES TO BE DISCHARGED.
The CITY andlov DEPART HM shall not dischazgr or cause
to be disebarged any waters ov wastes into the DEPARTHENT°c
• treatment fscUttien which are in violation of Rule 7,
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MAR-12-SS 14 = 37 FROM= MIAMI BEACH PUBLIC WORKS ID: 3056737647 PACE S
l J•uatL In MIJ IfAUU OnL U 1i II L/ i uni„i,0W W 9 16\V V V V V •••
�'~�"•�- ''Regul*tion of the roan of Sault&% and Stogy Sew�srs and the
Discfiar$e of Vatars and Wsitee into Utilixiec' Sewerage
gysteaes" of the Sewers Rules and RegulAtions of the Board of
County Commissioner@, Dade Gounty, Flo-cida, latest rPvi staA_
The 0LPA1LV4Lr"4 @hall hove the right to sample and analyze
the wastes from the Mimi Beach Service Axed se it entere the
DZPARTMNT's tw4At sat facilities' If at any time a 24 ho,4r
composite sample ahoy$ any violation of the Ault. 7, above,
it shall be the responsibility of the CITY upon natificatiOn
by the DEPARIIENT to determine the source of Wastcc vhich are
violative and shall institute appropriate corrective action
up9n the source. The DEPARTMENT shah regarve the right to
assume such responsibility if at any time the CITY' S efforts
meet vith failure. '
Tho CM shad l supply the DEPARTMENT with a list of the
ptedueera of-industrial rbastes within the City of Klami Beach@
and will eaerciea its best good faith 4fforts to procures the
samae infosmation from the other municipaliti.es i.valuded within
100- the °%ijmj Beach So my $urine ArGR", arid, at least once each
yeae>;t bring this liar up to date. The CITY shall require that
each mg)or producer of industrial wastes submit to the DEPARTMENT
annually a complete laboratory analysis of both the rev and
tr.sead vastes, such analysis shall be made on 24 hour
emposite semples and shall include the following: Temperature
PSo suspended solidus dissolved snlide, S d`y s.O.o. ' fats And
oils (et bar extrSetion),A.S.T.M. flash point, en (where lu4i-
tated), snd phenols, (where indicated). Upon Yequeat, the CITY
shall submit to the DL?AATmn" aimitar laboratory analyses of ,
composite s=plas of the combined wastda leaving the Miami
Beach Sewer Service Area.
If at any time the CITY shall not cowply with the
restriction imposed upon it in the preceding portion of
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MAR-12-99 14 : 37 FROM. MIAMI BEACH PUBLIC WORKS [D: 3056737647 PACE 7
Md1. Lt. IVJ J.UJiin ZM ffALiu Jt11+LLtUV 1L till lilLTU U i.il'Jl1 �+�. JJJJ ►. +/ 1J
this Section 11, or if the CY'1'Y Shall allow to be created any
• condition vehicle th& DYPARTmM should determine destruetiva to
any pf its installations which carry and dispose of material
discharged by the CT
Ty into the facilitiea of tha DI PAa1'MFNT,
said orPARTMM shall give thirty (30) days written notice to
the CITy.to discontlpue gush harv&ui operation or pratice
Within which period the CITY agrees to COM01Y. In the event
any damages result from the discharge of improper wastes by the
CITY oY accepted from others by the DEPARIMENY, as degcrtbed in
said Rule 7, the entire cost of ouch dszmages resulting therefrom
shall be paid by the CITY or WA TKENT as the case may be.
PREP 1NAaY TR VENT OF INDUSTaiAL WASTES_
Plan*, •peoifsaarions, we'd dsaign information for all proposed
pretreatment facilities shall be submitted tv the DEPARTMENT for
approval or rejection, and such approval or rejection Shall be
' made by the DEPAXIMNT within thirty (30) days. Conatrvctivn of
• any ,such proposed facil.i,ties shall not be caamcnced until the
DEPART issues written approval of- such factliciee.
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•s aYo� Iii
SAL AND RE'PIACEMEK FUND
- - .... r'�;••.-rte
A Renewal and Raplsce®ent Fund shall be established by the
CITY in an initial amount of $250,000 for expenditures to pay its
gh4ro of costs of additions, improvemento, and major replacements
to structures and machinery at the IDEPARMIZNt•'s Virginia Key
se"ge treatment facilities# in accordance vith the appropriate
formlas pet forth is the Cost Participation Contract between the
CITY and the I)IRPAILTHM. Thin fund shall be held by the CITY and ,
replanished annually, as raquired to wgtneaie a balance of
$250,000 at the begirning of each Fiscal year.
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MAR-12-99 14 : 36 FROM: MIAMI BEACH PUBLIC WORKS ID: 3056737647 PAGE 6
Ile r. 11. IyJ$ J-U�r« 11911nAou oKLb fuu rbnai ivv VIVLOLUD l��• JJ�� `� Ui lJ
Expenditures by the CITY shall be made to reimburse the
DFPARTmENT for expenditures made fo-r RENEWAL AND REPIACEmENTS.
The CYTy o s share of such expenditures shall be based an the
ratio of avgrage sewsge flows of each party for the previous •-
twelve months.
SECTION lv
MTE An AMOUR TO BE IAYD MOMLY BY THE CITY
The CITY shall pay to the DEPARTMENT and the DEPARTMENT
shall aecepe from the CITY, as compeAntion for use of all
other items such as plant access roads, landscaping, fencing,
etC., not included im the Coat Parttcipation Contract betvann
the CYTY and the DEPARTK=j dated „�, 1972. a flat
umthly service charge of Five Hundr"d pollara ($500.00).
Tho CITY shall also pay CO case 02PARTMT, av%d eha
_ DEPARTMENT shall accept from the CITY; a$ Cappen8$5�on fQr,all
r sewage received from the HUM Beech Sarver Service Aida the
1�
mmaunr resulting fv= the multiplication of the total teetered
gallonage of sewage flow received from the Miami Beach Sever
Servi,ca Area during such Month by a rate per thousand (1,000)
gallons consisting of and equal to the stets of the following-
(a) The smutlt of all op4tgting and maintenance expenses e
including taxam oeaasaed, if any, experienced by the DEPARTMENT
in connection with 411 the Virginia Key dowage treatment plaza facili.tits
and ocean outfall, with extensions owned and operated by the
DEPARTMENT, divided by the urmawer of thousand gallons flow-Log
` into the Virginias Key sewage treatment plant during each month.
(b) The amount. or all aftinistrative and general expenses,
including taxes a sooved. if any, experi,arced by the DEFARYl ENT it
connection with all the Virginia Key stmage treatmnt plEnt faCjitLias and
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MAR-12-SS 14 : 38 FROM: MIAMI BEACH PUBLIC WORKS ID: 3056737647 PAGE S
fair. i 1m j' j.U'jLM nlulTnJQ JnL411LV ILALIaLaV Ll1YLv al V. .0 U 60%Jv. a.a
,,;
• oc®an outfa,l with extensions owned and operated by the
DEPARTMENT, divided by thr number of thoueard gallons flowing
Leto the Virginia Key ®ewaga treatment plant during such month_
,At no tin 0811 the total Sato (including the flat
monthly service charge of $500.00) charged by the DEPARTKENT '`�•,
in sny month be legs than 80 percent (80%) of the average total "
rate of the three (3) loxest consecucive months of the previous
fiscal rear (ending June 30th) go applied to the total sewage
flow from the Miami Beach Ssmr Service Area into the DEPARTMENT's
sewage treatment facilittee.
because the gmount of operating and maiutenance expenses
for estb month during which service is rendered hereunder
caerot be definitely ascertained by the DEPARTMENT until about
the middle of the following month, it ai.11 be necoasa,ry M
• to use a For the prepsration of the moffithly bill for Service:
�_,.•- ' rendered by Ow DEPAR=TT to the CITY hereunder. an initial
rate developed through the use of the amounts of operating
and "tcnance expauses fov the month iMediately pracediiig
the month during which sucb service is rendered, and then
(LL) to sheer on the next monthly bill the mount of adJustment
required to give fuLl effect to all Provisions of suboactiotks....
(a) and (b), both inclusive, of this Section. Au soon as
practicable after the close of eact1 month during which service
is reuda"d to the CITY he:'®under, the DEFAX.rMNT Shall prepare
and submit to the CITY a etatsaent showing the deve.lnpment of
said initial rate and the weaun+t of said pdjustmeet, ,cud the
CITY shall have access to a)•1 accounting and angImseri,ng records
avid dgca employed by Lhe DEPARWENP in the preparation of each
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MAR-12-SS 14 : 36 FROM= MIAMI BEACH PUBLIC WORKS ID 3056737647 PACE 10
mar. 1L. mu j:uorm MVVA,)U 0HLb6UU rLR1111111U
such statement. the amount 001M by ORCb suds statement as
due to the DoAnmm for service rendered hereunder eihall
ba paid by the CITY within tee+ `10) days of its Ycceipt O
■uc?s ,statement. Any hill unpaid after thirty (30) days vill
be rebilloa to inaluda an intareat charge of 2/3 of 1 percent •~'
.r.--r...-,Y.-...w. ----_., .. ._...
pGr RlGrlt�i�...- t
Zn each such statement all operating god eheaiatenandS
gxpenaes chargaable ugainet kit& rendition of nah:vice Lawoundor
@]hall be set .forth in substantial conformity with ttha Uniform
System of Accounts for sever Vtilitiae presribed by the Water
• pollution Control Ae8OCi4ts®rh, with respect to appropriate
aulp-accounts included in the following entitled account@h
ewer Line g.Venses `includes outfall)
&"wage PWVinq zxpendas
Sewage Treatment E,wansea
U®ore' Accounting and Collecting Expenses
Administration and Ges+aral Pxpar+ssd
• of tho "Operating Expense AcCOUnk8", it being understood,
,�•► however, that none of the User's Accounting and Collecting
$xpenees are to be considered as being appilcable to the
service rendered here(Inder.
In tha cvcnt that either party should use more th*n
fifteen percent (15%) of the deedignated but unueeed portiere of
plant capacity of the other party to thin contract for more
than five (5) conaecUtive moutha. it shall be the right af
ai.ther party to request the nagetiation of a new contractual
agreement for the purpose of compeenestirhy for the eat of
designated but unusad plant capacity. Said unused capacity
shall be calculated based on the total for all ehtisLing
treatment plant units including the pxaviously eXisting
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MAR-12-99 14 : 39 FROM: MIAMI BEACH PUBLIC WORKS ID: 3056737647 PAGE 11
Mar, 12. 1999 3:UbFu MUMU JALLtUU rLAANIBa VIVjalUiv nU. �y�� i• < <�
facilities of the Department and additional treatment plant
units specifically describad in Section III of the Cost
partletpation Contract between the CITY &nd the D1EPAR'L'�1r�'r'r
� dated r 19724
SECT12N
EFrECTIVE IMIOD Qp C0M21
This contract shall be and remain in full force and effect_
fox and during a period of thirty (30) yeara from and after
the date of the sale of City Of N100i so•ror R.evenus Bonds
Series 1972, provided. however, that-this contract way be
te:minsted at any time by mutual consant and agreement of
Cho parties harato. The DUARMW agrees that net later
than six months poor to the expiration of this contract it
. Vill Notify the CITY, in welting, of the approacbIns
terminstion date, and further agrees to renegotiate the
contract aG tnac time for om edditio"i period of time up
to thirty (30) yesrts.
J • V
CT TT L i
,&Oa` &%1j1T.1.tA TMON
It is WFed by pW betw4a .the parti,vq chat should any
dispute arise concerning this agreaent, which the parti-ss
betwen themelvae camot adjust and reconcile, such matter
at matters in dispute shall bo settled by a;LSeration in this
==war: either party may giae to the: other party the namr of
an arbitrator selected by it, in writing thereupon, WichLo
throe days, such party shall designate its arbltxotor, in
mritingo and the two so nosed shall then name a third, the '
throe to beer the matter in dispute pramptlyi the parties
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MAR-12-99 14 : 39 FROM: MIAMI BEACH PUBLIC WORKS ID 3056737647 PAGE 12
• Mir. 1 L, I m J:uOra XUWA�U bhLL!UU YLAMA4 111 M iUh% flu. Jy113 r. I L/ 1J
to be bound by the decision of a majority Of duch three
1�
• with no Eurther action whatever. in tho event that after
being notified of the selection of an Arbitrator the othdt
party should fail within the time eat forth to name its
a>rbitrseor, ftnY Judges of the Xlpvanth hTuaicial Circuit of
Dade County, not as such Jbdgee but as an individual and -
Actinq unofficially, may name the arbi.tratcr for such party,
and the two so named eball than select a thi.ro and proceed
as hereinbefore not forth, the parties agreeing to be bound
by the findings of the arbitration.
SLCTION vii
parr r I1MING UPOW SUCCESSOM
This contract shill inAro to +end be loSndi°j•uPgn the
_ aacceeeore of each of the pasties heretoi provided, however.
d� •
r' that in the event that at any time during the effective period
bersof the CITY or DWARTMENS' shall decide to sell, leas*
or otherwiae dispose of a portion of its sewage eystem, no
earn, lease or Wier act of disposal shall be consummated
unless the CITY and DEPARTDt= first shall agree tb:reeo
in writing pri-or to tha consummatiot+ of such mal., Joao. or
• other act of disposal, bat all provisions of this contract
shall continue to be in full force and affect and binding
upon both pnrtlem bexeto with respect to all portions of
the swage syotmn of the CITY and 109IPARTl9UT not cuveze:d by
such sale, leads or other metbW of disposal.
TIME LIpJ=QN or omit
• This offer 9 da on behalf of the D=ART1re''r to "a CITY
� shall be good and valid through July 15, 1972
in the event
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MAR-12-99 14 : 39 FROM: MIAMI BEACH PUBLIC WORKS ID= 30SS737647 PAGE 13
Y , Mar, 12. 1999 3:DeM MUwASU 5ALZhOU YLANN IK VIVO 0 sic, JW
that the Cat'X d"•
not e%arut4 this contract prior to Jung• -
• 1972 the 1)WAjM7U= a?iall 16 twlitvcd o¢ eLa
abligations and comitment• contained boVai,n and the tarma
and conditi(me of this ccmtradt ohall be null and void unload
an extemion Le xa pddtad by thv cZrY and a9roed to by the
DZIA in writing.
IN wlTuss wmAEOE, the partied heYetO have caused
this iatdtramant to be executed by their reepectivt Officials
thexevnta, duly autborized, all an of the aay and year
hereinbaf ore first above wgitten.
. p�PARTb�sT Cy VATIM AND SNaAS
. or rag cxgr or MIAMI
By 2 D iictor
A'3UST s
asecreta
V^wry or T2m rXRST PART
�y i.ty Council
mayor
. i►i"tEST
. , by; -�.... ..
City CleYkrFl Dance pi rector
PAJEtTg Op m SECMID PAW
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