Resolution 82-16904 RESOLUTION NO. 82-16904
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE CITY AT-
TORNEY TO EXECUTE THE ATTACHED STIPULATION
CONCERNING WATER AND SEWER SERVICE FOR FISHER
ISLAND.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA
The City Attorney or his designate is hereby authorized to
execute on behalf of the City the attached stipulation governing
water and sewer service for Fisher Island.
PASSED and ADOPTED this 20th day of January , 1982 .
MAYOR
ATTEST:
4 LtX/.�a�tL GiVii /
CITY CLE K
APPROVED
LEGAL DEP .
TMP: ab By _
Date 1 r
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
1 -_ - LAW OFFICES
• GREENBERG,TRAURIG,ASKEW, HOFFMAN, LIPOFF, QUENTEL & WOLFF, P.A.
PAUL M.ABRAMSON STEVEN M.GOLDSMITH ALBERT D.OUENTEL
LINDA KOOBRICK ADLER MATTHEW B.GORSON RONALD B.RAVIKOFF
RUDOLPH F.ARAGON MELVIN N.GREENBERG FLORENCE T.ROBBINS
REUBIN OD.ASKEW MARILYN D.GREENBLATT DAVID L.ROSS
JAMES L.BACCHUS LARRY J.HOFFMAN ROBERT M.RUBENSTEIN BRICKELL CONCOURS
HILARIE BASS BARRY D.HUNTER CLIFFORD A.SCHULMAN 1401 BRICKELL AVENUE
NORMAN J. BENFORD CRAIG A.JASLOW MARK SCHWIMMER
THOMAS R.BLAKE SETH P.JOSEPH MARTIN B.SHAPIRO P.O.BOX 012890
MARK D.BLOOM MARTIN KALB ROBERT L.SHAPIRO
PHILIP G.BOGG5 TIMOTHY E.KISH EUGENE SHY,JR. MIAMI,FLORIDA 33101
BURT BRUTON DOUGLAS M.KRAMER JOYCE M.SIEMON
ROBERT K.BURLINGTON STEVEN J.KRAVITZ MARLENE K.SILVERMAN TELEPHONES
ALBERT G.CARUANA STEVEN B.LAPIDUS TIMOTHY A.SMITH MIAMI (305) 579-0500
ALAN R.CHASE ALAN S.LEDERMAN WILLIAM F.SMITH
SUE M.COBB WALLACE L.LEWIS,JR. LAURA P.STEPHENSON BROWARD (305) 523-8111
KENDALL B.COFFEY NORMAN H.LIPOFF HERBERT M.SUSKIN TELEX 80-3124
MARK B.DAVIS GARY D.LIPSON ROBERT H.TRAURIG
ALAN T. DIMOND JUAN P. LOUMIET STANLEY H.WAKSHLAG
CHARLES W.EDGAR,IIL PEDRO A.MARTIN JONATHAN H.WARNER
GARY M.EPSTEIN STEPHEN MASSEY WILLIAM A.WEBER n
C>
RICHARD G.GARRETT SANDRA K.MICHEL DAVID M.WELLS --- r....)LAWRENCE GODOFSKY ALAN M.MITCHEL JULIE A.S.WILLIAMSON
ALAN S.GOLD ANTHONY J.O'DONNELL,JR. ZACHARY H.WOLFF C.--
HARVEY A.GOLDMAN BYRON G.PETERSEN
STEVEN E.GOL®MAN VICTOR H.POLK,JR. .i.
7 r_ n
January 21, 1982 " r...) rn
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Lucia Allen, Esq. T'
Assistant City Attorney c�
City of Miami Beach in
1700 Convention Center Drive
Miami Beach, Florida
Re: Fisher Island Water and Sewer Service
Agreement
iI Dear Lucia:
Based on the meeting of the City Commission on January 20,
1982, and their approval of the Stipulation before the Water
r : and Sewer Board, enclosed you will find the original Stipulation
for your signature. Please note that your signature is required
in two (2) places as shown by the appropriate clips. I would
appreciate your execution of same as soon as possible and return
said document to this office So that we may place the matter
before the Water and Sewer Board.
Thank you for your cooperation in this matter.
Yours very truly,
1.----10(..H.-
CLIFFORD A. SCHULMAN
CAS/tr
Encl.
cc: Mr. William Rebozo
Mr. R. B. Lichtenstein
Mr. Rich Bochnovich
Burt-.Saunders, Esq.
Ir
METROPOLITAN DADE COUNTY WATER AND SEWER BOARD
In re: )
Island Developers, Ltd. )
)
Fisher Island Associates )
)
STIPULATION
WHEREAS, Island Developers, Ltd. and Fisher Island Associates
(hereinafter "Petitioners") have petitioned the Dade County Water
and Sewer Board for Fisher Island to be removed from the assigned
water and sewer service area of the City of Miami Beach (hereinafter
"City") in order to be served by the Miami-Dade Water and Sewer
Authority (hereinafter "Authority") ; and
WHEREAS, the Petitioner and the Authority have entered into
a Letter of Intent for Water and Sewer Service dated August 1,
1980, a copy of which is attached hereto and made a part hereof;
and
WHEREAS, the County through its Seaport Department will be
reconstructing the existing 8-inch water main from the northwest
side of Fisher Island to the existing 20-inch water main under
Government Cut and will be replacing same with a full 20-inch water
main; and
WHEREAS, the City wishes to express its agreement to the
removal of Fisher Island from its assigned water and sewer service
area subject to the understandings hereinafter set forth.
ACCORDINGLY, the parties hereto do hereby agree as follows:
1. The above and foregoing recitals are true and correct.
2. The City of Miami Beach hereby stipulates and agrees
that Fisher Island may be removed from its assigned water and
sewer service areas to be effective as and when the Authority is
able to provide such services to Fisher Island. In the interim,
•
the City will continue to provide water service to the Island
for construction purposes on the same terms as prior hereto.
3. The parties recognize and agree that the Authority will
install a water meter on the new 20-inch water main from Fisher
Island to the Miami Beach water system with a reversable flow
metering facility. In addition, the Dade County Seaport Department
also has included in their plans for the reconstruction and
replacement of the existing 8-inch water main to the existing 20-
inch water main under Government Cut with a full 20-inch water main.
4 . The City hereby agrees to deed to the Miami-Dade Water
and Sewer Authority all existing water facilities serving Fisher
Island upon the Authority' s request and upon the Authority being
capable and willing to continue to provide water servie to Fisher
Island and the City' s customers located thereon.
5. Upon assumption of the water service area of Fisher
Island by the Authority, the Authority will continue to provide
water service to existing customers on Fisher Island and within
the City' s municipal limits without any additional charge for
main extensions or additional hook-ups since said customers are
already receivingsaid service from the City. In the event the
existing
customers request
and receive any more intense use
of
zoning classification for their properties, the Authority may
charge such users for such main extensions or additional hook-
up fees for any increased demand or use of water by said users
while providing credit for the present use of the consumers and
consistent with such charges to all other Authority customers.
6. The Authority will service all undeveloped land of
Fisher Island within the City limits subject to the Authority' s
approved rates, charges, hook-up fees except as hereinafter
noted, main extension costs, and consistent with the rates and
charges to all other Authority customers outside the City limits
of the City of Miami.
- 2 -
7. The Agreement of the City and the Petitioner hereto
shall not be construed as a waiver by either the City or the
Petitioner or any of their respective legal rights and remedies
against each other or any other agency, instrumentality or
person except for any action that contests, challenges or
seeks to hinder, delay or prohibit the service area transfer
herein concerned.
*8. In the event that at the time the subject project
requires "hook-up" and the use of the sewer transmission main
existing on Fisher Island and presently owned by the City, and
at that time said main is then owned by the Authority, then and
in that event the City agrees that it will not receive any payment
therefore or for any part thereof by Petitioner. In the event,
however, that said main is owned by the City at such time of
required "hook-up" , then and in that event the Petitioner agrees
to pay the City a sewer connection fee of One Hundred and Thirty
Five Thousand Fifty Nine Dollars ($135, 059. 00) representing
Petitioners' per capita proportionate share of the City' s cost
for installation of said force main to Virginia Key. If the
Authority subsequently purchases all or a portion of the City' s
sewage transmission facilities, the purchase price for such
facilities shall be reduced by the amount of the aforesaid
connection charge payment. In no event, however, shall Petitioner,
its successors or assigns, be responsible for the payment of said
connection charges or similar hook-up charges to both the Authority
and the City and the payment thereof to the owner of said line at
the time of payment shall discharge Petitioner, its successors and
assigns for any further and similar connection charges therefore.
ISLAND DEVELOPERS, LTD. - CITY OF MIAMI BEACH
FISHER ISLAND ASSOCIATES / 7/�
By: �l-lam By. "_
�M �; '�
WI LIAR OZO, General Partner /1 ;1 City Attorney
* Nothing contained herein shall
Reviewed and Accepted by: be construed as an agreement by
)/7 _ the Authority or the City as to
any costs or charges to be made
c. V /c,• 6 ' > by the Authority or City for thr
Miami-Dade Wa - - -r Authority use of their respective sewage
Garrett Slo. r- or
facY sties.
/ / / // •. _
Dade Count. :ea•.rt Department GARRETT SLOAN,--
Carmen L etta, Director 4� ; a
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J y4 CITY ATTORNEY
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