3. Internal Service Facilities.-(A) The City agrees to finance, subject to its ability to validate bonds, and to construct the main lines of an internal water distribution system for and in The Center Site as developed by the preliminary plans of The Authority, a copy of which is attached hereto and made a part hereof, for an estimated project cost of $800,000.00. (B) The cost of construction of this phase of the project, including all interest, charges, fees, etc., shall be paid by The Authority over a 10-year period at an estimated surcharge of $100,000.00 per year, with payments commencing on July 1, 1968, and being made yearly thereafter by The Authority, said surcharge payments to be considered by The City as revenues. Within one year after construction has been completed and this phase of the project has been turned over for use by the contractor, and after all costs of this phase of the project have been computed, including all interest, charges, fees, etc., an adjustment shall be made in the amounts of the 10 annual surcharge payments to be made by The Authority, so that said payments shall be equal to 10 percent of the total cost of this phase of the project, including interest, charges, fees, etc., but not to exceed $100,000.00 per year. (C) After full payment of the surcharge revenues as provided in subparagraph B hereof, including all interest, charges, fees, etc., have been made to The City by The Authority, the internal water distribution system for and in The Center Site shall become the property of The Authority and The City shall execute all necessary documents and instruments to convey title to said system to The Authority. (D) The City in the design of the plans and specifications for the internal water distribution system for and in The Center Site will work with the engineering department of The Authority to coordinate the design of the facilities, placement of lines, and hydrants, and will submit the final plans and specifications to The Authority for approval prior to advertising for bids to construct. (E) The City will advertise and accept competitive bids for the construction of the internal water distribution system for and in The Center Site and will supervise the construction of said system to the satisfaction of the supervising construction engineer designated by The Authority. (F) The operation and maintenance of the internal water distribution system for and in The Center Site is solely the responsibility of The Authority, but The City stands ready to negotiate for said operation and maintenance on a cost-plus basis if The Authority so elects. 4. Building Service Connections.-The internal water distribution system for and in The Center Site to be constructed by The City does not include any building service connections for water service. The City will construct any building service connections requested by The Authority for the several participants or its own use after all necessary easements and rights-of-way have been provided. The cost of such construction shall be the sole responsibility of The Authority, and it is understood that in the case of a building service connection for a participant, the participant shall post with The Authority a bond or cash deposit in the amount of 110% of the estimated cost of construction, prior to the beginning of such construction. SEWAGE SERVICE 5. Perimeter and External Service Facilities.-The City agrees to finance, subject to its ability to validate bonds, construct, operate and maintain a sewage treatment plant to be located near the northeast corner of the Center Site on The Authority's property capable of pretreating sewage on an average flow of 1,200,000 gallons daily based on an average daily use period of twelve hours, with disposal by pump station and force main facility to the North Miami Ocean Outfall Line. The type of sewage treatment plant is to be selected at the sole discretion of The Authority. For a cost of $0.14 per 1,000 gallons for a single monthly billing to The Authority, The City will construct, operate, and maintain pursuant to the above agreement, a pretreatment plant which provides for the removal of floatables and skimming, fully enclosed to provide as nearly as possible an odorless plant. For a cost of $0.158 per 1,000 gallons for a single monthly billing to The Authority, The City will construct, operate and maintain pursuant to the above agreement, a vaculator sewage treatment plant. In either case, the unit prices include the cost of disposal through the North Miami Ocean Outfall Line. 6. Internal Service Facilities.—(A) The City agrees to finance, subject to its ability to validate bonds, and to construct the main lines of an internal sewage collection system for and in The Center Site as developed by the preliminary plans of The Authority, a copy of which is attached hereto and made a part hereof, for an estimated project cost of $1,000,000.00. (B) The cost of construction of the phase of the project, including all interest, charges, fees, etc., shall be paid by The Authority over a 10-year period at an estimated surcharge of $130,000.00 per year, with payments commencing on July 1, 1968 and being made yearly thereafter by The Authority, said surcharge payments to be considered by The City as revenues. Within one year after construction has been completed and this phase of the project has been turned over for use by the contractor, and after all costs of this phase of the project have been computed, including all interest and charges and fees, etc., an adjustment shall be made in the amounts of the 10 annual surcharge payments to be made by The Authority, so that said payments shall be equal to 10% of the total cost of this phase of the project, including interest, charges, fees, etc., but not to exceed $130,000.00 per year. (C) After full payment of the surcharge revenues as provided in subparagraph B hereof, including all interest, charges, fees, etc., have been made to The City by The Authority, the internal sewage collection system for and in The Center Site shall become the property of The Authority and The City shall execute all necessary documents and instruments to convey title to said system to The Authority. (D) The City in the design of the plans and specifications for the internal sewage collection system for and in The Center Site will work with the engineering department of The Authority to coordinate the design of the facilities, placement of lines, pump stations and will submit the final plans and specifications to The Authority for approval prior to advertising for bids to construct. (E) The City will advertise and accept competitive bids for the construction of the internal sewage collection system for and in The Center Site and will supervise the construction of said system to the satisfaction of the supervising construction engineer designated by The Authority. (F) The operation and maintenance of the internal sewage collection system for and in The Center Site is solely the responsibility of The Authority, but The City stands ready to negotiate for said operation and maintenance on a cost-plus basis if The Authority so elects. 7. Building Service Connections.-The internal sewage collection system for and in The Center Site to be constructed by The City does not include any building service connections for sewage service. The City will construct any building service connections requested by The Authority for the several participants or its own use after all necessary easements and rights-of-way have been provided. The cost of such construction shall be the sole responsibility of The Authority, and it is understood that in the case of a building service connection for a participant, the participant shall post with The Authority a bond or cash deposit in the amount of 110% of the estimated cost of construction, prior to the beginning of such construction. 8. Prohibited Waters or Wastes.-The Authority agrees that it shall not discharge nor permit its participants to discharge any of the following described waters or wastes: (A) Any gasoline, benzene, naptha, fuel oil or other inflammable or explosive liquid, solid or gas. (B) Any noxious or maladorous gas or substance, which either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or preventing maintenance and repair of the North Miami Sanitary Sewage Collection System or connecting systems. (C) Any waters or waste having a pH lower than 6.0 and/or containing toxic or poisonous substances in sufficient quantity to constitute a hazard to any structures and appurtenances of the North Miami Sanitary Sewage Collection System and connecting systems, humans or animals or create any hazard or aesthetically undesirable condition within or without the North Miami Sanitary Sewage Collection System and connecting sewer systems. Such materials shall include, but shall not be limited to (1) Any cyanides in excess of two (2) milligrams per liter weight as (ON). (2) Phenols in excess of three hundred (300) milligrams per liter by weights. (3) Hydrogen sulfide or sulfur dioxide in excess of 10 (10) milligrams per liter by weight in sewage. (4) Iron in excess of twenty-five (25) mg. per liter. (5) Chromium in excess of ten (10) mg. per liter. (6) Copper in excess of ten (10) mg. per liter. (7) Zinc in excess of ten (10) mg. per liter. (8) Nickel in excess of ten (10) mg. per liter. (9) Biochemical oxygen demand in excess of 400 ppm. Whenever the term "Parts per million by weight" is used, it means equivalent to "milligrams per liter," when reported in laboratory analysis results. The methods of analysis shall conform to Standard Methods for the Examination of Water and Waste Water, Eleventh Edition as published by the American Public Health Association. (D) The Authority agrees to hold and save harmless The City from any litigation and any damages, including attorney's fees and court costs, resulting from the effects of the improper introduction by The Authority or any of its participants of any of the above described solids, liquids, gas or effluent, which may cause damage to persons or property. GENERAL PROVISIONS 9. Easement, Rights-of-Way.-The Authority will supply all necessary easements and rights-of-way over its land, both within and without The Center Site for the External, Perimeter and Internal facilities for water and sewage service, and related structures. 10. Inception of Service.-Water and sewer service pursuant to this contract shall be in operation no later than August 15, 1967, provided however, that if at any time before August 15, 1967, The Authority shall postpone the projected date of the opening of the Center from the presently anticipated date of December 1, 1967, The Authority shall so notify The City and The City may postpone the beginning of water and sewer service by a corresponding period. 11. Cessation of Service.-Any temporary cessation of water or sewage service caused by an act of God, fire, strike, casualty, necessary maintenance work, breakdown of or injuries to machinery, pumps, or pipe lines, civil or military authority, insurrection, or riot, shall not constitute a breach of this Contract and The City shall not be liable to The Authority or any of its participants for any damage resulting from such cessation. 12. Arbitration.-If a decision on any matter arising out of or under this Contract cannot be resolved by the parties hereto, or their successors in interest, the matter shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. 13. Term of Contract.-This Contract shall be and remain in full force and effect for and during the period beginning on the 13th day of August, 1965, and extending to January 1, 1998, thereafter to be renewable at the mutual agreement of the parties. The rates for water service, as defined in paragraph 2, and sewage service, as defined in paragraph 5, shall be fixed for a term ending January 1, 1979, at which and at each 10 years thereafter, such rates shall be subject to readjustment, provided, however, that The City at the time of such readjustments, will at all times fix and maintain rates and collect charges for the water and sewage service provided in this Contract which will provide revenues fully sufficient at all times, and after making due and reasonable allowances for contingences and for a margin of error in estimates, to pay all current expenses of operation and maintenance of the system, pay all other prior charges and pledges of said revenues, and leave a balance sufficient to pay the interest and accomplish retirement of the revenue certificates issued pursuant to this Contract, and Ordinance No. 657 of The City, and it is further provided that in the event The City undertakes a general reduction of the rates charged to customers of its municipal water and sewage system, The Authority shall share pro rata in such reduction. 14. Designation of Engineer.-Before the design of the internal water distribution or sewer collection, pre-treatment and disposal systems be commenced, The Authority shall designate to The City in writing the person who shall serve as its engineer and who shall represent The Authority in connection with the provisions of Sections 3 (D) and 5(D) of this Agreement, and no such design work shall be commenced until such designation is made. This Contract shall inure to and be binding and in full force and effect upon all successors in interest of each of the parties hereto. IN WITNESS WHEREOF, said City of North Miami, acting by and through its City Council as the governing body, has caused this Agreement to be executed in its name and on its behalf by the Mayor of said Council, its official seal to be hereunder affixed, attested by the Clerk of said City, and said Inter-American Center Authority, acting by and through its duly authorized Standing Chairman, has caused this Agreement. to be executed in its name, and on its behalf by its duly authorized agents, and its corporate seal to be hereunto attached, the day and year first above written. APPENDIX XI TOWER OF FREEDOM JACKSONVILLE, FLA., January 29, 1963. Senator SPESSARD HOLLAND, DEAR SENATOR HOLLAND: Pursuant to the conversation which Dr. Irving E. Muskat, of Miami, Fla., had with you, and that which you and I had subsequently, this is to advise that if the Federal Government decides to put up a building, and such other exhibits as would be incident thereto, on the "Interama" groundsand I am in hopes that they will also, in view of the Alliance for Progress, make an additional contribution to help construct some of the Latin American buildings, as I feel this would be one of the most effective steps that could be made to promote the Alliance for Progress-several of my associates and I fully expect to go forward with the operation of a tower, to be the tallest observation tower in the world, at the "Interama," and are carrying on conversations for the financing of the structure at present. I am now waiting for the reports of engineers and contractors and believe that they will be favorable. The "Interama," in my opinion, will do much to build up and cement our friendly relations with Latin America and greatly accelerate our commerce with those rapidly developing countries. It will provide a showcase not only for Latin America, but for the United States as well, where all of our Latin American friends can exchange ideas and displays of merchandise with our American industries and merchants. In other words, I am strongly of the opinion that the "Interama," under the able leadership and management of Dr. Muskat, will be an outstanding success in promoting both commercial and cultural relations with our Pan American friends. With warm personal regards, I am, EDWARD BALL FEASIBILITY OF THE TOWER OF FREEDOM AT INTERAMA PREPARED FOR GOODBODY & Co., MAY 28, 1965, BY ECONOMICS RESEARCH ASSOCIATES, LOS ANGELES, CALIF. Period required to return the $10 million investment at various attendance levels 162 164 LIST OF FIGURES 1. Number of out-of-State tourists to Florida, 1945–70. 2. Estimated attendance and revenues at various ticket prices for the Tower of Freedom.. 3. Break-even analysis for the Tower of Freedom... 148 155 163 |