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<br />SUNNY ISLES BEACH CGA PROJECT 05-4893, ID# 20124 <br /> <br />mutually agreed and understood by the COUNTY and the CITY that the allocation of <br /> <br />capacity by the COUNTY does not guarantee the ability of the COUNTY to receive and <br /> <br />dispose of sewage originating from the CITY'S property. Capacity allocation is subject to <br /> <br />local, state and federal agencies and other regulatory bodies having jurisdiction. In <br /> <br />connection therewith, the CITY agrees that the COUNTY shall not be liable or in any way <br /> <br />responsible for any costs, claims or losses incurred by the CITY as a result of actions by <br /> <br />regulatory bodies, which are related to capacity allocation. <br /> <br />18. FACILITIES EASEMENTS. If the facilities contemplated herein or any <br /> <br /> <br />portion thereof are installed within private property outside of public right-of-way, the <br /> <br /> <br />facilities shall be installed in the center of a fifteen (15) foot wide easement for sewer <br /> <br /> <br />facilities, requiring a twenty-five (25) foot minimum vertical clearance above the finished <br /> <br /> <br />grade. The DEPARTMENT shall have twenty-four (24) hour access to the easement for <br /> <br /> <br />emergency purposes. If the facilities are not located in platted easements, then easements <br /> <br />shall be granted to the COUNTY by the CITY prior to the COUNTY'S rendition of sewer <br /> <br /> <br />service to the CITY'S property. The CITY may not place any structures in an easement <br /> <br /> <br />area which would prevent the DEPARTMENT, at its sole discretion, from making full use of <br /> <br /> <br />the easement, and the CITY shall remove same, at the CITY'S cost, at the direction of the <br /> <br /> <br />COUNTY. The CITY may place structures in the easement area if such structures can be <br /> <br />removed, with minimal effort by the DEPARTMENT, in the event that such structures need <br /> <br />to be removed in order for the DEPARTMENT to make use of the easement; the CITY <br /> <br />places such structures in the easement area at his own risk, and the DEPARTMENT shall <br />