83-GRESOLUTION NO. '83- ~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZ-
ING AND DIRECTING THE MAYOR AND CITY CLERK
TO EXECUTE ON BEHALF OF THE SAID CITY THAT
CERTAIN.~WATERSUPPLY AGREEMENT WITH BRINY
BREEZES, INC.~ A COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY TiHE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute on behalf of the City of
Boynton Beach, Florida, that certain Water Supply Agreement
with Briny Breezes, Inc., a copy of which is attached hereto
and made a part hereof.
Section 2. That the City Clerk is hereby directed to
forward an executed copy of the subject Agreement to Briny
Breezes, Inc.
Section 3. This Resolution shall take effect
immediately upon its passage.
1983.
ATTEST:
City C~k
CITY OF BOYNTON BEACH, FLORIDA
~u~c i~4emb er .~ ~ /
Court Membe
(Corp. Seal)
WATER SUPPLY CONTRACT
THIS AGREEMENT, made this /~ ~ day o~ ~//~~.
1983, by and between the CITY OF BOYNTON BF~ACH, a municipal.
corporation, in the County of Palm Beach and State of FlOrida,
(hereinafter called the "City"), and BRINY BREEZES, !NC.,
Florida corporation, (hereinafter called the "Company").
W I T N E S S E T H:
WHEREAS, the City is the owner and operator of a water
system in the County of Palm Beach State of Florida, and is
engaged in the distribution of water to consumers in the City
of Boynton Beach, Palm Beach County', Florida, and the territory
adjacent thereto; and
WHEREAS, the Company is the owner and operator oE 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 Breezesy and
WHEREAS~ the Company desires to obtain a source of
wager supply and the City is willing to ~urnish said water,
subject to the terms, conditions and limitations hereinafter
set forth.
NOW, THEREFORE, the parties agree as ~ollows:
1. 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 ~ompany at a higher rate of delivery, or in a greater
amount than as herein provided for.
2'. This contract shall take e~fect as of March i, 1983,
and shall continue in full force and effect for a period of one
(t) year
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 o.f the
City on a per unit basis upon the rates set forth in the City's
Resolution No. 82-VVV, passed and adopted by the City on October
6., 1982, and upon such rates as. may hereafter be adopted by the
City from time to time by Resolution or Ordinance
4. The city shall bill the Company on or before the
10th day of each month for all water delivered hereunder for fihe
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 water 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, not be changed during the remaining term of this contz-act
except by the mutual consent of the parties.
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 b~ furnished 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-1-A in the Town of' Briny Breezes, Palm Beac_h
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 to, and measure such service als 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 expense shall procure,
furnish, install, operate, maintain all 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) All water furnished by the City hereunder
shall be measured by suitable metering equipment of standard
manufacture to be maintained, calibrated and read by the City at
its expense.
(b) In the event more than a single meter is
installed to measure the water furnished hereunder, the readings
Of the several meters shall be combined.
(c) The City, so far as practicable, shall read
the meter or meters on or about the last day o~ 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 be placed in service or allowed
to remain in service which has an error in registration in
excess of 2 per cent (2%) under normal operating conditions. For
the purpose of this sub-paragraph, any meter which registers not
more than 2% slow or fast shall be deemed to be correct.
11. In the event the company shall be confronted by an
i! 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
i! hereunder to the Company at such higher rate of delivery and for
such time as may be determined by the City.
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12. The City shal! 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 not 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 for the inhabitants of the Town of Briny-
Breezes. Without the prior consent of the City, the Company will
not sell or distribute such water to any other persons or
corporations.
14. Without prior written consent of the City, neither
this contract nor any interest herein nor any claim arising here-
under shall be transferred or assigned by the Company 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.
i6. In the event the Company should desire to install
an extension to its existing water system, prior to proceeding
with such installation, 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, the parties have caused these
presents to be executed the day and year first aforesaid
Signed, sealed and
delivered in the
presence of:
Witness
CITY OF BOYNTON BEACH, FLORIDA
By:
Mayor
ATTEST:
~itness
Signed~ sealed and
delivered in the
presence of:
Witne S:s'
Approved as to form and content:
City Clerk
(Corp. Seal)
BRIAI~ B.'REEZES ,_~INCORP~OR~TED
ATTEST:
(Corp. Seal)
City Attorney
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