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• <br /> GATEWAY PARK, ID#21699 <br /> COUNTY dated July 27, 1993; the First Amendment to the Settlement Agreement between <br /> DEP and the COUNTY dated December 21, 1995;the First Partial Consent Decree and the <br /> Second and Final Partial Consent Decree entered in the case of United States of America <br /> Environmental Protection Agency (EPA) v. Metropolitan Dade County (Case Number 93- <br /> 1109 CIV-Moreno); the Consent Order between DEP and the COUNTY filed on April 29, <br /> 2004; and court orders, judgments, consent orders, consent decrees and the like entered <br /> into between the COUNTY and the United States, the State of Florida and/or any other <br /> governmental entity; and all other current, subsequent or future enforcement and regulatory <br /> actions and proceedings. <br /> 4. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY <br /> will receive and dispose of sanitary sewage from the CITY'S property. The CITY shall pay <br /> sewer connection charges for all those units to be constructed on the CITY'S property <br /> subject to the limitations specified herein. The CITY acknowledges that, to the extent that <br /> water or sewer service will ultimately be rendered to the CITY'S property by a volume <br /> customer, the CITY is a new retail user provided water or sewer service from a volume <br /> customer, and acknowledges that it is responsible for payment of connection charges; <br /> however, in the event that water or sewer service is provided directly by the COUNTY, the <br /> CITY acknowledges that it is a new retail customer of the COUNTY and accordingly also <br /> liable for payment of connection charges. The CITY may be considered both a new retail <br /> customer and anew retail user provided service by a volume customer in the event that the <br /> COUNTY provides water service to the CITY'S property and a volume customer provides <br /> sewer service, or vice-versa. The connection charges are based on the average daily <br /> gallons for the various building units and/or use as shown on Exhibit"B" attached hereto <br /> and made a part hereof, and as revised by the COUNTY from time to time, multiplied by the <br /> applicable rates established by the COUNTY. The CITY intends to connect to the <br /> COUNTY'S sewer system a public park for seventy-nine (79) people, representing an <br /> average daily gallonage of three hundred ninety-five (395) gallons, seventeen thousand <br /> four hundred twenty(17,420)square feet of banquet hall (without kitchen), representing an <br /> average daily gallonage of two thousand six hundred thirteen (2,613) gallons, and six <br /> hundred twenty-seven (627) square feet of fast food restaurant, representing an average <br /> daily gallonage of three hundred fourteen (314) gallons; replacing thirty-six thousand two <br /> hundred twenty-three (36,223) square feet of retail, representing an average daily <br /> gallonage of three thousand six hundred twenty-two (3,622)gallons. Therefore,there is no <br /> total average daily gallonage increase, resulting in no additional sewer connection charges. <br /> However, sewer connection charges shall be calculated at the rates in effect at the time of <br /> actual connection to the COUNTY'S sewer systems. The DEPARTMENT'S current <br /> connection charge rate is five dollars and sixty cents ($5.60) per gallon per day for sewer. <br /> The sewer connection charge rate is subject to revision by the Board of County <br /> Commissioners at any time. The CITY shall pay fees and/or charges specified herein at <br /> Page 3of13 <br /> • <br />