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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 -2- 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. -4- 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 -5-