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75-MRESOLUTION NO. 75-M 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 BREEZES, INC., a Florida corporation, have heretofore entered into that certain Water Supply Contract dated December 2, 1968, under which said City agreed to furnish water to Briny Breezes, Inc., upon the terms and conditions as set forth in said Contract, which Contract has terminated; and WHEREAS, the City of Boynton Beach, Florida, and BRINY BREEZES, INC., entered into a subsequent Water Supply Contract dated February 11, 1974, containing similar terms and conditions as set forth in the previous Contract, and that said subsequent Contract has now terminated; and WHEREAS, the City Council of the City of Boynton Beach is willing to enter into a new Water Supply Contract upon the terms and conditions as set forth in the proposed Water Supply Contract, copy of which is attached hereto. NOW, THEREFORE, 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 that 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, A.D., 1975. ATTEST: ~.tY Clerk CITY OF BOYNTON BEACH, FLORIDA ~ C~-uui~~mb.e r i ~ATER SUPPLY ~CONTRACT THIS AGREEMENT, made this day of March ', A.D., 1975, 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"), W I TNES SETH: 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 Bo!rnton Beach, Palm Beach County, Florida, and the territory a~acent thereto; and WHEREAS, the Company is the owner and operator of a water system in the Town of Briny Breezes, Palm Beach County,~ Floridaf and is engaged in supplying water to consumers in the Town of Briny Breezes; and WHEREAS, the Company desires to obtain a source of wa%er supply.' and the~City iis~'willing tOe'furnish, se'id water,- ~SUbj'eCt~ t6-1 -~ the terms, conditions and limitations hereinafter set forth; · / NOW, THEREFORE, the parties agree as follows: 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 water required or desired by the Company to meet the water supply needs of the Town of Briny Breezes, provided, that in ne.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, 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. 73-XXX passed and adopted by the City on December 4, 1973, and upon Such rakes 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. Pa ~ments 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 d~eliver 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. 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' a~ the point Of delivery Specified herein, but assumes no responsibility or obligation with respeCt thereto. 7. The quality of the water to be delivered by the Ci~y'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 to the Company at the point of interconnection of the. Company's and City's facilities located at Ruthmary 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 required 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, !furnish, 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 furnishe~ hereunderf 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 s~vice - - ~ °~ ~altowed~ remain.-in service~which has an'error in .... registration in excess of 2 Percent (2%) under normal operating conditions. For the purpose of this sub- not more. than-2 ..... any meter~which registers .............. slow or fast shall be deemed to be Correct.- 11. In the event the Company shall be Confronted by an emergency whereby the Company shall need and desire detive~y 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 delivery thereof. The City shall not be liable for any failure~ interruption, or -3- shortage of water, or any loss or damage resulting therefrom occasioned in whole or in part 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 B~eezes. 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 Contract nor any inter.est herein nor any claim arising here- under shall be transferred or assigned by the Company except to a successor corporation with which %he Company shall have been consolidated or merged or which acquires by conveyance, transfer or condemnation all or substantially all of ~e 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. _ -4- IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first aforesaid. Signed, Sealed and Delivered mn the presence of: CITY OF BOYNTON BEACH, FLORIDA By Mayor As to City ATTEST: City Clerk (SEAL) BRINY BREEZES, INC. By. President As to Company ATTEST: Secretary (SEAL) Approved as to .'form as t°.' ..... ~ : 7:_' ~..-..7 ~' ~ ~ ~ '- . , ~ ~[.~ City'-of Boynton Beach, Florida: - . ', City Manager .... ... -~ City Attorney rfr ~ --¸5--