Reso 2014-2318 - Laserfiche WebLink

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SAMSON OCEAN FRONT PARK, ID#21988 industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots, federal, state, county and local governmental restraints and restrictions, military action, civil disturbances, explosions, conditions in federal, state, county and local permits, bid protests, manufacturing and delivery delays, unknown or unanticipated soil, or ground conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 22. SERVICE CHARGES. The DEVELOPER agrees to pay to the COUNTY the prevailing service charges for sewage collection and disposal within the DEVELOPER'S property as may be applicable until the responsibility for payment of said charges is properly transferred in accordance with the COUNTY'S regulations. 23. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full use of the sewer facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 24. OPINION OF TITLE. With the execution of this Agreement, the DEVELOPER at its own expense shall deliver to the DEPARTMENT an opinion of title for the DEVELOPER'S property, issued by a qualified attorney licensed to practice law in the State of Florida, which states that the DEVELOPER owns fee simple title to the property referred to herein. 25. ASSIGNMENT OF AGREEMENT. No right to any sewage disposal service commitment provided for in this Agreement shall be transferred, assigned or otherwise conveyed to any other party without the express written consent of the Director of the DEPARTMENT or his designee except as noted below. The consent of the DEPARTMENT shall not be required in connection with the sale, lease or other conveyance of property or any residential units or commercial establishments to any party who will be the ultimate user of the property, including but not limited to a bona fide purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent of the DEPARTMENT for assignments or transfers of any sewage disposal capacity allocation to any party who holds such property as an investment for resale or who intends to develop for sale a portion of the DEVELOPER'S property, so that the COUNTY can adequately determine the demand for sewage disposal capacity and plan for the fair and equitable sewage disposal capacity among the residents of Miami-Dade County. Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the DEVELOPER'S property is transferred or conveyed, the DEVELOPER shall remain liable to the COUNTY for all sums of money and all obligations due hereunder unless released in writing by the COUNTY. Page 9 of 12