76-KRESOLUTION NO. 76- K
RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING WATER SUPPLY CONTRACT
WITH BRINY BREEZES, INC.
WHEREAS, the City of Boynton Beach, Florida, and BRINY BREEZE~
INC., a Florida corporation, have heretofore entered into those certain
Water Supply Contracts dated December 2, 1988, February 11, 1974, and
March 5, 1975, under which said City agreed to furnish water-to Briny
Breezes, Inc., upon the terms and conditions as set forth in said Contracts,
which Contracts have terminated; and
WHEREAS, the City Council of the City of Boynton Beach is wi[ling to
enter into a new Water Supply Contract upon the terms and conditions as set
forth in the proposed Water Supply Contract, &opy of which is attached hereto
NOW, THEREFOR'E, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That the Water Supply Contract, copy of which is attached
hereto, is hereby approved, and thai the Mayor, or in the absence of the
Mayor, the Vice Mayor, and the City Clerk are authorized to act for the City
of Boynton Beach in entering into and executing the said Water Supply
Contract.
PASSED AND ADOPTED this day of March, 1976.
CITY OF BOYNTON BEACH, FLORIDA
By
~ATTEST:
CounCil Mem/~
Council 1V~rnb e r
-WATER SUPPLY CON'TRACT
THIS AGREEMENT, made this __~ day of March. ', A.D., 197~,
~y 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 TNE S S E TH:
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
the distribution of water to consumers in the City of Boynton
Beach, Palm Beach County, Florida, and the territory adjacent
thereto; and
W~EREAS, the Company is %he owner and operator of a water
system in the Towm of Briny Breezes, Palm Beach County, Florida,
and is engaged in supplying' water to consumers in the Town of
Briny Breezes; and
~'~EREAS, the Company. desires to obtain a source of water
supply and the City is willing to furnish said wa%er, subject to
the terms, conditions and limitations hereinafter set forth;
NOW, THEREPORE, the parties agree as follows:
1. Subject to the terms conditions and limi%a%ions ereln
after set.forth, the City. agrees to sell and deliver to the Company
and the Company agrees to purchase and receive from the City all
w ~
auer 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 as of'the date hereof
and shall continue in full force and effect for a period of one
(1) year. ~
3. The Company shall pay to the City the water rates,
water meter connection charges, meter'deposits, ~nd 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-Vg passed and adopted by the City on Decen~ber
4, 1975 , 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 the preced?
ing 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
~ater to the Company at a rate of delivery in excess of one (1)
cubic foot per second; and the rate of delivery %hat the City shall
be obligated to deliver water hereunder to %he Company shall not
be changed during the remaining term of this contract 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 ass~es no responsibility or obligation with respect
thereto.
7. The quality of the 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 furnished hereunder shall be delivered by
the City %0 the Company at the point of interconnection of the
Company's and City's facilities located at Rutb~ary Avenue and
Highway A-l-A, in the Town of Briny Breezes, Palm Beach County,
Florida.
9.
(a)
The City at its expense shall furnish, operate and
maintain all facilities, rights of way and easements
requir~ to furnish service hereunder to, and measure
such service as of; the-point of delivery specified
herein. The City's pipe lines at such point of delivery
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shall not be less than six (6) inches in diameter.
(b) The Company at its expense shall procure, 3furnish,
install, operate and 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 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 be placed in service
or allowed .~o remain in service which has an error in
registration in excess of 2 Percent (2%) under normal
operating conditions. For %he purpose of this sub-
paragraph, any meter which registers not more than 2%
slow or fast shall be aeem~d to be correct.
11.. In the even% 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 a regular and uninterrupted supply of water to the Company,
and to avoid any shortage or any interruption of deliver~ thereof.
The City shall not be liable for any failure, interruption, or
shortage of water, or any loss or damage resulting therefrom
occasioned in whole or in par~ by any cause beyond the reasonable
control of the City.
13. All 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 the prior written consent of the City, neither
this contra~t 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 acquires by conveyance, transfer
or condemnation all or substantially all of the Company's wa%er
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 %he even% %he Company should desire lo install extension
exisiing waler systen% prior to proceeding wi~ such insia[lalion ii shah notify
lhe City of such inienl and sh~l! submit to Ciiy the plans and specification re-
lating lo such proposed extension for its review and approval.
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IN WITNESS WHEREOF, the parties have caused these presents
to be executed the 'day ~and year firs~-aforesaid.
Signed, Sealed and Delivered
in the presenc~ of:
As' to City
CITY OF BOYN~ON BEACH, FLORIDA~-
By
ATTEST:
Mayor
.City Clerk
(SEAL)
BRINY BREEZES, INC.
AS to Company
By
ATTEST:
President
Secretary
(SEAL)
Approved as to f~rm a~'to
City of Boynton Beach, Florida:
City Manager
City Attorney
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