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