Reso 2014-2318 - Laserfiche WebLink

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SAMSON OCEAN FRONT PARK, ID#21988 3. DEVELOPER ACKNOWLEDGMENT. The DEVELOPER hereby acknowledges and agrees that any right to connect the DEVELOPER'S property to the COUNTY'S sewage system is subject to the terms, covenants and conditions set forth in court orders, judgments, consent orders, consent decrees and the like entered into between the COUNTY and the United States, the State of Florida and/or any other governmental entity, including but not limited to, the Consent Decree entered on.April 9, 2014, in the United States of America, State of Florida and State of Florida Department of Environmental Protection v. Miami-Dade County, Case No. 1:12-cv-24400-FAM, as well as all other current, subsequent or future enforcement and regulatory actions and proceedings. 4.• PROVISION OF SERVICE AND CONNECTION CHARGES. The DEVELOPER intends to construct and replace a sewer lateral providing sewer service to the DEVELOPER'S property representing a no net increase service connection to the COUNTY'S sewer system with this Agreement. No additional building construction or connection is contemplated with this Agreement. Therefore_, this Agreement contains no provision of service to the DEVELOPER'S property and no connection charges are due. 5. OTHER USES ON THE PROPERTY. If the DEVELOPER constructs buildings other than those outlined in paragraph 3 above, or otherwise changes the use of structures built such that paragraph 3 is no longer an accurate description of the uses at the DEVELOPER'S property, the COUNTY shall determine if additional capacity is needed, as calculated using Exhibit"B" attached hereto and as revised by the COUNTY from time to time. If additional capacity is required, connection charges, computed at prevailing rates, capacity allocation, if available, and construction connection charges, if any, shall be required to be paid by the DEVELOPER. If requested by the DEPARTMENT, the DEVELOPER shall provide the COUNTY a list of all tenants and building units and/or use prior to the rendition of sewer service by the COUNTY for the DEVELOPER'S property. 6. POINTS OF CONNECTION. The COUNTY owns and operates an existing eight(8) inch gravity sewer main (ES-349- (12 &13) located in Collins Avenue, abutting the western boundary of the property, to which the DEVELOPER shall connect and extend an eight (8) inch gravity,sewer easterly across Collins Avenue to the right-of-way (property line) and further within the property as required to provide service to the proposed development, provided that there is sufficient depth and that there are no obstacles that would preclude construction of the sewer facilities.' Any gravity sewer within the property shall be public and eight (8) inch minimum diameter. Other points of connection may be established subject to approval of the DEPARTMENT. Page 3 of 12