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Resolution 12904 RESOLUTION NO. 12904 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 Bay Harbcr Islands adjoins the boundaries 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 Bay Harbor Islands may, for a reasonable consideration, avail itself 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 Bay Harbor Islands 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-Finance Director 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 17th day of December, 1969. ayor Attest: , //2& 6 ;(3 . City Clerk - Finance Director OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 AGREEMENT THIS AGREEMENT, entered into this 17th day of December , 1969, between the CITY OF MIAMI BEACH, a municipal corporation, hereinafter called the "First Party", and the TOWN OF BAY HARBOR ISLANDS, a municipal corporation, hereinafter called the "Second Party. " WITNESSETH: WHEREAS, the First Party operates for the use and benefit 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, and 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 16th day of October, 1968, but WHEREAS, said agreement expires on the 15th day of December, 1969, 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. r NOW, THEREFORE, in consideration of the sum of One ($1.00) Dollar, paid to the First Party by the Second Party, it is agreed as follows : (1) OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 I + 1. The First Party will allow sewer lines running from the Second Party' s lands to be connected with the sewer lines of the First Party located within its boundaries, or extensions thereof. 2 . The Second Party agrees to pay to the First Party an amount equal to five cents (5i) per thousand gallons of sewage passing through the First Party' s sewage system from the Second Party' s lands, which 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 the 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 connections upon the property of the Second Party at reasonable times . 4 . The design employed, the materials used, and r the workmanship in the construction of the sewage collection system upon the Second Party's lands, shall be equal in all respects to the most modern installations within the First Party' s boundaries, especially, but not e.4clu5ively, in regard to infiltration and pipe foundations . 5 . The Second Party shall deliver its sewage I • 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 re-pumping of sewage delivered to the First Party's force main by the Second Party. (2 ) OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 32739 ' I 6. 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 maintenance expense of the new installations required to furnish the service herein contemplated shall be borne by the Second Party. 7. The Second Party agrees that in the event any undue 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. 8. The Second Party agrees to indemnify the First Party against any and all loss or damage occasioned to the First Party by any default or failure on the part of the Second Party and to pay all costs, charges and expenses, should the First Party in its discretion deem it necessary to protect, defend or enforce any 'rights accruing to is under this Contract. 9. Any default or failure of any kind or description on the part of the Second Party under this Contract which shall continue after ninety days (90) 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 what soever 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 hereunder by the First Party to the Second Party shall be interrupted 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 loss, damage or inconvenience suffered by the Second Party as the result thereof. (3 ) OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 T_ _ _ O.... ... .... • 11. Provided the Second Party shall fully comply with all the terms hereof throughout such period, this Contract shall continue for a period of one (1) year commencing December 15 , 1969, 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 one (1) year 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 and assigns of the respective parties . IN WITNESS WHEREOF the parties have hereunto set their hands and seals by their officers duly authorized, the day and year first above written. CITY OF MIAMI BEACH By (Signed) Jay Dermer Mayor Attest : (Signed) Ruth B. Rouleau City Clerk-Finance Director TOWN OF BAY HARBOR ISLANDS By Mayor Attest : Town Clerk OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE--MIAMI BEACH, FLORIDA 33139 CT) t Co 3 — a) 3 N - cV C L ‘.• cup E J • U C Q O CD C0 \ Z Z L .— L CV 0) V) Or- C7 Z co — 4- - 0 — 07 L C O f— COOC O — 1 •— - N L +-) U O •— (0 O C cn L 2 a) (1) W 0 •— 4 OD O O m U U