80-CRESOLUTION NO. 80- ~
A RESOLUTION OF THE CITY ~UNCIL OF THE CITY
OF BO~NTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE FLAYOR AND CITY ~CLERK TO EXECUTE
ON BEHALF OF THE SAID CITY THAT CERTAIN WATER
SUPPLY AGRE~EMENTW~TH BRINY BREEZES, IN~.., A
COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
CITY .COUNCtL OF THE C~TY OF BOYN~ON BEACH, FL0~DA:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute on behalf of b~e%City of
Boynton Beach, Florida, that certain Water Supply Agreement
with Briny Breezes,
and made a part hereof,
by Briny Breezes, Inc.
Section 2.
to forward the original
to Briny Breezes, Inc.,
Inc., a copy of which is attached hereto
after said Agreement has been executed
That the City Manager zs hereby directed
and one copy of the aforesaid Agreement
for execution.
Section 3. This Resolution shall take
immediately upon its passage.
PASSED and ADOPTED this ~
effect
day of February 1980.
ATTEST:
City Clerk
(Corp. Seal)
CITY OF BOYI~TON BEMCH, FLORIDA
Ma~or ~ - /
Ma or
Council M~m~
Council ~emb~
WATER SUPPLY CONTRACT
THIS AGREEMENT, made this .. day of February, 1980,
by and between the CITY OF BOYNTON BEAch, a municipal corporation,
in the County of Palm Beach and State of Florida, (hereinafter
called the "City"), and BRINY BREEZES, INC., a Florida corporation
(hereinafter called the "Company-),
WI TNES SETH:
W~EREAS, the City is the owner and operator of a water
system in the County of Palm Beach, State of Florida, and is
engaged in ~'le distribution of water to consumers in the City
of Boynton Beach, Palm Beach County, Florida, ~nd the territory
adjacent thereto; and
WHEREAS, the Company is the owner and operator of a
water system in the Town of Briny Breezes, Palm Beach County,
Florida, and is engaged in supplying water to consumers in the
Town of Briny Breezes; and
WHEREAS, the Company desires to obtain a source of water
supply and the City is willing to furnish said water, subject to
the terms, conditions and limitations hereinafter set forth;
NOW, THEREFORE, the parties agree as follows:
t. Subject to the terms, conditions and limitations
hereinafter set forth, the City agrees to sell and deliver to
the Company, and the Company agrees to purchase and receive from
the City, all Water required or desired by the Company to meet
the water supply needs of the Town of Briny Breezes, provided,
that in no event shall the City be obligated to deliver Water
to the Company at a higher rate of delivery, or in a greater
amount than as herein provided for.
2. This contract shall take effect
and shall continue in full force and effect
one (1) year.
as of March 1, 1980,
for a period of
3. The Company shall pay to the City the water rates.
Water meter connection charges, meter deposits, and all other
service charges pertaining to the municipal Water system of
the City on a per unit basis upon the rates set forth in the
City's Resolution No. 75-W, passed and adopted by the City on
December 4, 1975, and upon such rates as may hereafter be
adopted by the City from time to time by Resolution or Ordinance.
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In addition to the charges set forth hereinabove, the Company
shall pay an annual fee to the City for each fire hydrant or
stand pipe system connected to the system and located within
the service area covered by this contract, the amounts specified
in said Resolution No. 75-W as same may hereafter be amended
by Resolution or Ordinance of the City.
4. The City shall bill the Company on or before the
10th day of each month for all water delivered hereundsr for
the preceding calendar month. Payments shall be made by the
Company to the City for each billing within ten (10) days from
the date of said billing.
5. The City shall not be obligated at any time to
deliver wa~er to the Company at a rate of delivery in excess
of one (1) cubic foot per second; and the rate of delivery that
the City shall be obligated to deliver water hereunder to the
Company shall no~ be changed during the remaininq term of this
contrac~ except by the mutual consent of the parries.
6. The City will endeavor to maintain a pressure of
not less than 50 pounds per square inch at the point of delivery
specified herein, but assumes no responsibility or obligation
with respect thereto.
7. The quality of water to be delivered by the City
to the Company hereunder shall meet the same standards as the
Water delivered by the City to its inhabitants.
8. The water to be furnishe~ hereunder shall be
delivered by the City to the Company at the point of intersection
of the Company's and City's facilities located at Ruthmary
Avenue and Highway A-l-A, in the Town of Briny Breezes~ Palm
Beack County, Florida~
9. (a) The City at its expense shall furnish, operate
and maintain all facilities, rights of way and easements
required to furnish service hereunder tow and measure such
service as of, the point of delivery specified herein. The
City's pipe lines at such point of delivery shall not be less
than six (6) inches in diameter.
(b) The Company at its e×pense shall procure,
furnish, install, operate, maintain ali facilities, rights of
way and easements, if any, required to receive, apply and
utilize the water delivered hereunder, from the aforesaid point
of delivery°
10. (a) Ail water furnished by the City hereunder shall
be measured by suitable metering equipment of standard manu-
facture to be maintained, calibrated and read by the City at
its expense.
(b) In the event more than a single meter is
instilled to measure the Water furnished hereunder, the readings
of the several me~ers shall be combined.
(c) The City, so far as practicable, shall read
the meter or meters on or about the last day of each month.
(d) The City, at its expense, shall periodically
inspect and test the meter or meters installed, as often as it
deems necessary° No meter shall hep laced in service or allowed
to remain in service which has an error in registration in
excess of 2 percent (~) under normal operating conditions. For
the purpose of this sub-paragraph, any meter which registers
not more than ~ slow or fast shall be deemed to be correct.
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11. In the event the Company shall be confronted by
an emergency whereby the Company shall need and desire delivery
of water hereunder at a higher rate of delivery than specified
herein, it may notify the City in writing to such effect. The
City, within its sole discretion, may thereupon deliver water
hereunder to the Company at such higher rate of delivery and
for such time as may be determined by the City.
12. The City shall use reasonable diligence and care
to provide regular and uninterrupted supply of Water to the
Company, and to avoid any shortage Or any interruption of
delivery thereof. HowevEr, the City shall n~t be responsible
in damages for any failure to supply Water, interruption of
supply~ or shortage of water supply.
13. Ail Water purchased and delivered hereunder shall
be used exclusively fo~. the inhabitants of the Town of Briny
Breezes. Without the prior consent of the City, the Company
will no~ sell or distribute such Water to any other persons or
corporations.
14. Without prior written consent of the City, neither
this contrac~ nor any interes~ herein nor any~claim arising
hereunder shall be transferred or assigned by the Compan~ except
to a successor corporation with which the Company shall have
been consolidated or merged or which acquired by conveyance,
transfer or condemnation all or substantially all of the
Company's water system serving the Town of Briny Breezes.
15. This agreement shall remain in full force and
effect until the expiration of the term set out above.
16. In the event the Company should desire to install an'
extension to its existing water system, prior to proceeding wish
such inst~atlation~ it shall notify the City of such intent and
shall submit to the City the plans and specifications relating
to such proposed extension for its review and approval.
IN WITNESS WHEREOF,
to be executed the day and
Signed~ sealed and
delivered in the
presence of:
the parties have caused these presents
year first aforesaid.
CI~£ OF BOSTON BEACh, FLORIDA
By:
Mayor
ATTEST:
City Clerk
BRINY BREEZES, INC.
By:
President
ATTEST:
(Corp. Seal)
Approved
content:
as to form and
Secretary
(Seal)
City Attorney
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