R94-121
"
'I
I
"
.;; ~
RESOLUTION NO. R94- /c;? /
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ACKNOWLEDGMENT OF AGREEMENT
AND.CONSENTTOASSIGNMENT BETWEEN THE CITY
OF BOYNTON BEj\CH, FLORIDA AND THE TOWN .OF
BRINYBREE.zES,PROVIDING FOR THE ASSIGNMENT
OFj\WATER.. SUPPLY CONTRACT; AND PROVIDING
AN EFFECTIVE DAtE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
previously on February 21, 1994, entered into a Water Supply Agreement with Briny
Breezes, Inc.; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
f recommendation of staff, has deemed it to be in the best interests of the citizens and
residents of the City to execute an Acknowledgment of Agreement and Consent to
Assignment at the request of The Town of Briny Breezes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida hereby
authorizes and directs the Mayor and City Clerk to execute a the Acknowledgment of
Agreement and Consent to Assignment, a copy of said Agreement being attached
hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
ATTEST:
, ~~4:Jr:~aLJ
Cit)1 Jerk
Briny.breezes.
WalerSupply.Assignmenl
7/13194
/f' 9' ~ .../d2./
~- ..- .~
ACKNOWLEDGMENT OF AGREEMENT
AND CONSENT TO ASSIGNMENT
The CITY OF BOYNTON BEACH, a Municipal Corporation of the
state of Florida, hereby acknowledges that the Water Supply
Contract dated February 21, 1984,between the CITY OF BOYNTON
BEACH and BRINY BREEZES, INC., a Florida Corporation, is still
valid agreement and presently remains in full force and effect.
The CITY OF BOYNTON BEACH hereby consents and agrees to the
foregoing assignment of its Water Supply Contract, which has been
made
from BRINY BREEZES, INC.,
as the Assignor, to
the
Assignee, the TOWN OF BRINY BREEZES, a Municipal Corporation of
the State of Florida, who will continue to provide water service
to the consumers residing in the Town as the
Corporation's
successor by operating as a municipally owned water utility
system.
IN WITNESS WHEREOF the CITY OF BOYNTON BEACH has affixed its
hand and seal hereto this ~ 7'
day
of cZ~
{I
1994.
CITY OF BOYNTON BEACH
Attest:
~Wc~~dJ
SU . EM. KRUSE, -- -ity Clerk
(City
J
City Attorney
3
........
....,'
.:;;":, '.
'~'.lI'
.- ""'" .'
.,
MEMORANDUM
t/Yrl(~)
tr.;r;;rl7/J
March 9, 1984
TO: Betty Boroni
City Clerk
RE: Briny Breezes water supply Contract
Attached is one fully executed original of the Briny Breezes
Water Service Contract.
//...:: e.-~
Peter It. Cheney
city Manager
PLC : j c
Attachment
WATER SUPPLY COb.~'RACT
THIS AGREEMENT, made this ~~day of
1984, by and between the CITY OF BOYNTON BEACH, a municipal cor-
poration, 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").
WIT N E SSE 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 adj -
cent thereto; and
WHEREAS, the Company is the owner and operator of a wat r
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 wate
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:
1. Subject to the terms, conditions and limitations
hereinafter set forth, the City agrees to sell and deliver to th
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 as of March 1, 1984,
and shall continue in full force and effect for a period of one
(l) year.
3. The Company shall pay to the City the water rates,
water meter connection charges, meter deposits, and all other ser
vice 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. 83-EEEE, passed and adopted by the City on October
18, 1983, 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 lOt
day of each month for all water delivered hereunder for the pre-
ceding 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 (l) 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.
I
II
I
6. The City will endeavor to ,,,aintain a pressure of nOr
less than 50 pounds per square inch at the point of delivery spe -
ified 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 furnished hereunder shall be deliv-
ered 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-I-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 require
to furnish service hereunder to, and measure such service as of,
the point of delivery specified herein. The City's pipe lines a
such point of delivery shall not be less than six (6) inches in
diameter.
(b) The Company at its expense shall procure, fur-
nish, install, operate, maintain all facilities, rights-of-way
and easements, if any, required to receive, apply and utilize th
water delivered hereunder, from the aforesaid point of delivery.
10. (a) All water furnished by the City hereunder shal
be measured by suitable metering equipment of standard manufac-
ture 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 th
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
to remain in service which has an error in registration in exces
of 2 per cent (2%) under normal operating conditions. For the
purpose of this sub-paragraph, any meter which registers not mor
than 2% slow or fast shall be deemed to be correct.
ll. 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 the reo
However, the City shall not be responsible in damages for any
failure to supply water, interruption of supply, or shortage of
water supply.
13. All water purchased and delivered hereunder shall b
used exclusively for the inhabitants of the Town of Briny Breeze .
Without the prior consent of the City, the Company will not sell I
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
hereunder shall be transferred or assigned by the Company except
to a successor corporation with which the Company shall have bee
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.
l5. 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 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:
~~LORmA
A&T: j~~~
cIty ~rk
(Corporate Seal)
'-'~~
0/
Signed, sealed and
delivered in the presence of:
BRINY BREEZES,
"
;-
-;::~' J
'-~L. ~," a J
'Wi tness
~
Pres 'dent
/
';., ......-..
;'
,
,
IL//iJ,Cu
ATTEST:
'? . / / I
e-:-(,1;i: Ijef l/(} (.;: .:-'D;r ,;(1' {( I.r:~
SecretJary
(Corporate Seal)
Approved as to form and content:
~---y ~
y Attorney
I
II
I
,
I
~
-~.-,...."
,
I
j
. '-,
r.,
,>
RESOLUTION NO. 84- S.
(
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
ON BEHALF OF THE SAID CITY THAT CERTAIN WATER
SUPPLY 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 THE
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 irnrne-
diately upon its passage.
PASSED AND ADOPTED THIS 02/#
day of
ffi~yt<.A..rCl ,
/
1984.
( J
CITY OF BOYNTON BEACH, FLORIDA
./
~~~~~
~P.- ~A~/n1tJ/)~
Vlce Mayoc:J-~'
Clc;i1 Mem(?~~
A~T ~4~~~
Cit~rk
(Corporate Seal)