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Resolution 6608 RESOLUTION NO. 6608 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 WHEREAS1 the Town of Surfside 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 arrange- ment whereby the Town of Surfside 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 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 ADOPT) this 7th day of July, A. D. 1948. A 0. ric-{...„.„___„ Mayor Attest: (2G 6---, City Clerk -r E ¶RIA ant '"•"f'el*, Made endentered into this - day of 74a ) A.D..t . l4% between the r t Ly of Miami Beech, a3 muniel.nel oorr,oretlon of the ?tete of rloride, herein called first oarty, and Town of Surfside, a Wunicip l C rporetlon of the State of P`lorid ., herein called second tarty. RLT ; T1aTT t wprpr ► , the first narty onergtes for the use and benefit of its inhabitants * sewage collection and disnoeel system which has sufficient ceoaetty under suitable conditions to furnish sew:ge collection and Ainreeel service to nearby territory, and w? 'R '=4'?, the area of the second party adjoins the first 'arty's boundaries, which *ran requires a sews collection and disposal service, Wow, TRTArrnRr, in cona1deraati'n of the sum of one dollar (t1.o1, Haid to the first narty by the second 'arty, it is agreed as follows: 1. 'Etre first arty will allow sewer lines running from second *arty' s lands to be connected with the seer lines of the first 'arty located within Ito boundaries, or extensions thereof. "R. The second narty egress to nay to the first )arty the soca of '#'hirty«ae van hundred eeventy...five And no/i00 (#3,77b.00) Lollar', Her i nnum, payable annually in advance, which shall be a minimum charge under this contract, and in addition thereto agrees to nay an amount equal to one and ose•.half (1 1/P) cents per thousand gallons of sewage ' aesin.r through first °party's sewage system from the second ner, tyas lams, which additional sum shall be nayeble monthly bec'inning one month after the service to be rendered by the first party to the second party hereunder shall have commeneed. S. The quantity of sews a handled by the first party's system for the second x,arty hereunder shell be measured by meters to be installed at second party's expense in the nuatning stations ereoted by the second party on its lands. The second 'arty assets that the first party shall have the right and opportunity to inspect the !meters, pumping stations end connections upon the : ronerty of the second narty at reasonable times. 4. The deaivn emeloysd, the materials used, and the workmanship in the construction of the sere collection system upon second -arty' a lands, +shall be equal in all reapeote to the most modern installations within the first :,arty' s boundaries, 'spec.. tally, but not macluetvely, in regard to infiltration and nine foundations. 5. The second r±arty shall deliver its *wogs direct to the first arty' s force main at a maximum rats of seven hundred fifty (75O) gallons ",er minute, and the first ;warty will be under no oblige- tion at any time to perform any re-pumping of sewage delivered to first party's force main by the second party. F. Any and all costa, charges end expenses incident to and occasioned by the construction neeessery to furnish the service hereby contemplate , together with any and all maintenance expense of the new installations rewired to furnish the service herein contemplated shall be borne by the second party. 7. Second rarty agrees that in the event any undue infiltra- tion develores in its ewe collection system, it shall make such reoeairs as may be re,uired by the first party in order to remedy such condition.' A. Second party aegree.s to indemnify fy the first party against any a3nd all lose or damage occasioned to the first party by any default or failure on the part of the second party and to say all costs, charges and ev: enses, should the first nerty in its discretion deem it necessary to nrote:eat, defend or enforce any rights accruing to it under this contract. 9. Any default or failure of any kind or description on the part of the second arty under this contract which shall continue after ten 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 ten days without further notice, with- out 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 hereunder y the first ,arty to the second Harty shall be inte"ruwted by reason of anything beyond the control of the first party, then end in any such event there shall be no liability or responsibility on the part T of the first Harty to the second party for any loss, damage or inconvenience suffered by the second nsrty as the reeuIt thereof. 11. Provided the second warty shall fully comtly with all the terse hereof throughout such neriod, this contract shall con- tinue for a teriod of five (8) years from the date urion which the Plant of the eeoond. Harty shall be in operation, which date shall in no event be later then January 1, 1949, and upon which date nay- '.ent as provided for herein shall coi,rence, and thereafter shall cease, termin. to and be at an end, unless renewed by sated agreement of the parties, and the -arties hereto area, at or before the expire. tion of said five-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 ,ssi 'ns of the respective parties. 2 W4 ;gu wqrTor the parties have hereunto set their hands and seals by their officers duly authorised, the day and year first above Written. CITY '4i' 'rum 'MACS, By R t. s --qty Clerk 8y Attest: .3. , , , . __ lij.,_,, ...c. I , r ,_. .