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<br />SUNNY ISLES BEACH CGA PROJECT 05-4893, 10# 20124 <br /> <br />States of America Environmental Protection A~ency (EPA) vs. Metropolitan Dade <br /> <br /> <br />County (Case Number 93-1109 CIV-Moreno), as currently in effect or as amended or <br /> <br /> <br />modified in future agreements and all other current, subsequent or future agreements, the <br /> <br /> <br />consent order between DEP and the COUNTY filed on April 4, 2004, court orders, <br /> <br /> <br />judgments, consent orders, consent decrees and the like entered into between the <br /> <br /> <br />COUNTY and the United States, State of Florida and/or any other governmental entity, and <br /> <br /> <br />all other current, subsequent or future enforcement and regulatory actions and <br /> <br /> <br />proceedings. <br /> <br />4. PROVISION OF SERVICE AND CONNECTION CHARGES. The CITY'S <br /> <br /> <br />property is located within the City of North Miami Beach ("NMB") water service area. The <br /> <br /> <br />COUNTY will dispose of sanitary sewage from the CITY'S property. The CITY shall pay <br /> <br /> <br />water and sewer connection charges to the COUNTY for all those units to be connected on <br /> <br /> <br />the CITY'S property subject to the limitations specified herein. The CITY acknowledges <br /> <br /> <br />that, to the extent that water or sewer service will ultimately be rendered to the CITY'S <br /> <br /> <br />property by a volume customer, the CITY is a new retail user provided water or sewer <br /> <br /> <br />service from a volume customer, and acknowledges that it is responsible for payment of <br /> <br /> <br />connection charges; however, in the event that water or sewer is provided directly by the <br /> <br /> <br />COUNTY, the CITY acknowledges that it is a new retail customer of the COUNTY and <br /> <br /> <br />accordingly also liable for payment of connection charges. The CITY may be considered <br /> <br /> <br />both a new retail customer and a new retail user provided service by a volume customer in <br /> <br /> <br />the event that the COUNTY provides water service to the CITY'S property and a volume <br /> <br />customer sewer service, or vice-versa. The connection charge is based on the average <br />