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Resolution 11275 7 RESOLUTION NO. 11275 WHEREAS, the City of Miami Beach operates a sewage collection and disposal system which has sufficient capacity under suitable conditions to furnish sewage collection and disposal service to nearby territory, and WHEREAS, the Town of Surfside adjoins the bounda- ries of the City of Miami Beach and requires sewage collection and disposal service, and WHEREAS, the City Council of the City of Miami Beach deems it to be to the best interest of said City to enter into an arrangement whereby the Town of Surfside may, for a reasonable consideration, avail it- self of the use of the sewage collection and disposal system of the City of Miami Beach, and WHEREAS, an agreement on the subject between the City of Miami Beach and the Town of Surfside has been prepared, copy of which is attached hereto and made a part hereof, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, that the Mayor and the City Clerk be and they are hereby authorized and directed to execute said agreement, in duplicate, in the name of and on behalf of said City. PASSED and ADOPTED this 19th day of August, 1964. Jd'114i / • or ATTEST: R. Wm. L. Johnson City C`1�e-�� By v ..JJ te,&Q Deputy OFFICE OF CITY ATTORNEY- 1 130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA AGREEMENT THIS AGREEMENT, entered into this day of August, A.D. 1964, between the CITY OF MIAMI BEACH, a Municipal Corpo- ration, hereinafter called First Party, and TSN OF SURFSIDE, a Municipal Corporation, hereinafter called Second Party. WITMESSETA 1 WHEREAS, the First Party operates for the use ard bene- fit of its inhabitants a sewage collection and disposal system which has sufficient capacity under suitable conditions to furnish sewage collection and disposal service to nearby territory, ari WHEREAS, the area of the Second Party adjoins the First Party's boundaries, which area requires a sewage collection and disposal service, and WHEREAS, the parties hereto had heretofore entered into an agreement like and similar to these presents, dated the 10th day of August, 1959, and approved by the City Council of the City of Miami Beach on August 26, 1959, and WHEREAS, said agreement expired on the 10th day of August, 1964, but WHEREAS, the Parties hereto by mutual understanding agreed that said agreement would continue and be extended until the present agreement had been duly negotiated and executed, NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) , paid to the First Party by the Second Party, it is agreed as follows: 1. The First Party will allow sewer lines running from - 1 - ( 11 Second Party•s lands to be connected with the sewer linos of the First Party located within its ' o.xuaariw:e s or extensions thereof. 2. The Second Party agrees ,to pay the First Party the sum of Four Thousand Seven fluent red Fighty-Seven Dollars 04.787.00) per annum, payable annually in advance on January 1 for the succeeding year, which shall be a pA ini. cuin charge under this Contract, and in addition thereto agrees to pay an amount *qua/ to one and one-half cents (l ) per thousand gallons of sewage passing through the First Party's sewage. system from the Second Party's lands, which additional scum shall payable monthly. 3. The quantity of sewage handled by the First Party's system for the Secon4 Party ht:reunder• shall be s;u assured by Viers to b installed at Second Party's expense in thv, pumping stations erected by the tvcond Party on its lands. The Second Party agrees that. the First Party shall have the rig1 t and opportunity bVitnity to inspect the meters,Seers, pump n stations and connec- tions upon the property of the Second Party at reasonable times. 4. The design employed, the waterials used, and the workmanship in the construction of Cat:. sewage collection system upon Second Party's lanes, shall be e cual in all respects to the most modern installations within the First Party's bounda- ries, nda-ries, es cially, bit not exclusively,ively, in regard to infiltration and pipe fsundations. S. The Second Party e hz .l c*ei.iver its sewage direct to the 'irst Party's force mainat a maximum rate of One Thousand Five Hundred (1,500) gallons per minute, and the First Party will be under no obligation at any time to perform any 2 -. ID Second. Party's lands to be connected with the sewer lines of the First Party located within its boundaries, or extensions thereof. 2. Th* Second Party agrees to pay the First Party the sum of Four Thousand Seven Hundred Fighty-eeven Dollars ($4,787.00) per annum, payable annually in advance on January 1 for the succeeding year, which shall be a minimum charge under this Contract. and in addition thereto agrees to pay an amount equal to one and one-half cents (140) per thousand gallons of sewage passing through the First Party's sewage system from the Second Party's lands, which additional sum shall be payable monthly. 3. The quantity of sewage handled by the First Party's system for the Second Party hereunder shall be measured by meters to be installed at second Party's expense in the pumping stations erected by the Second Party on its lands. The Second Party agrees that the First Party shall have the right and opportunity to inspect the meters, pumping stations and connec- tions upon the property of the Second Party at reasonable times. 4. The design employed, the materials used, and the workmanship in the construction of the sewage collection system upon Second Party's lands, shall be equal in all respects to the rest sedum Luetallatieee WAWA" the fleet Party's bounda- ries, especially, but not exelasiv+elys is rS and to infiltration and pipe foundations. 5. The Second Party shall deliver its sewage direct to the First Party's force main at a maximum rate of One Thousand Five Hundred (1,500) gallons per minute and the First Party will be under no obligation at any time to perform any 2 - reapuseping of sewage delivered to First Party's force main by the Second Party. C. Any and all costs, charges and expenses incident to and occasioned by the construction necessary to furnish the service hereby contemplated, together with any and all mainte- nance expense of the new installations required to furnish the service herein contemplated shell be borne by the Second Party. 7. Second Party agrees that in the event any due infiltration develops in its sewage collection system, it shall make such repairs as may be required by the First Party in order to remedy such condition. S. Second Forty agrees to indemnify the First Party against any and all loss or damage occasioned to the First Party by any default or failure am the part of the Second Party and to pay all casts, charges ane expenses, should the First Party in its discretion deem it necessary to protect, defend or enforce any rights accruing to it ander this Contract. 9. Any default or failure of any kind or description on the part of the Second Pasty under this Contract which shall continue after ninety ()0) days written notice given to it by the First Party shall constitute due cause for the First Party to terminate this Contract at the expiration of said period of ninety (90) days without further notice, without any liability whatsoever unto the Second Party for the termination of this Contract and discontinuance of the service rendered or to be rendered hereunder. 10. That in the event the service to be rendered Wave- wider by the First Party to the Second Party shall be interrupted - 3 .. IF by reason of anything beyond the control of the First Party, then and in any such event there shall be no liability or responsibility on the part of the First Party to the Second Party for any los, damage or inconvenience suffered by the Second Party as the result thereof. 11. Provided the Second Party shall fully comply with all the terms hereof throughout suet period, this Contract shall continue for a period of five (5) years commencing August 10, 1964 and thereafter shall cease, terminate and be at end, unless renewed by mutual agreement of the Parties, and the Parties hereto agree, at or before the expiration of said rive Year (5) period, to re.negotiate for an additional period on such terms as shall then be agreed upon. 12. This Agreement shall be binding upon the successors arab assigns of the respective parties. IN WITNINS 10119201, the parties have hereunto set their hands and seals by their Officers duly authorized, the day and year first above written. CITY OP MIAMI BEACH By Mayor ATTEST: _ City Clerk TOWN or SURFSIDE Sy Mayor ATTESTs Town Clerk PPi -V 3 LI Mit Lc) v N a) H Q) z zz 0 H X71 c� z Cd H H a) o H U) P-1 a) o rj Cip •- w