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84-SRESOLUTION NO. 84-5. 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 imme- diately upon its passage. AND ADOPTED THIS PASSED 1984. ATT E~$T ~.~ .~ City ~rk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA V--~ce Mayo~ CoUncil Member [ncil Mem~~'~ WATER SUPPLY CONTRACT THIS AGREEMENT, made this day of _~ 1984, by and between the CITY OF BOYNTON BEACH, a municipal cor-i 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"). 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 territor~ adj4- cent thereto; and WHEREAS, the Company is the owner and operator of a water system in the Town of Briny Breezes, Palm Beach County, Florida, and is engaged in supplying water to consmmers 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 I City, all water required or desired by the Company to meet the water supply needs of the Town of Briny Breezes, provided that i!n no event shall the City be obligated to deliver water to the Company at a higher rate of delivery, or in a greater amount.tha~ as herein~".provided for. 2. This contract shall take effect as of March I, 1984,1 and shall continue in full force and effect for a period of one (I) year. 3. The Company shall pay 'to the City the water rates , water meter connection charges, meter deposits, and all other serl- vice charges pertaining to the municipal water system of the Cit~ 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 Octoberl 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 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 (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 at the point of delivery speC- ified herein, but assumes no responsibility or obligation with respect thereto. 7. The quality of water to be delivered by the City toi the Company hereunder shall meet the same standards as the wateri 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 6f 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, operatei 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 aL such point of delivery shall not be less than six (6) inches in diameter. (b) The Company at its expense shall procure, fur-.i nish, install, operate, maintain all facilities, rights-of-way and easements, if any, required to receive, apply and utiliz~ th~ water delivered hereunder, from the aforesaid point of delivery, l 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 periodica!ly~ inspect and test the meter or meters installed, as often as it deems necessary. No meter shall be placed in service or allowe~ to remain ~n service which has an error in registration in e×ces~ of 2 per cent (2%) under normal operating conditions. For th~ purpose of this sub-paragraph, any meter which registers not mor~ than 2% slo~ or fast shall be deemed to be correct. !!. In the event the Company Shall be confronted by. an emergenc~' 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 o~ 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 b~ used exclusively for the inhabitants of the Town of Briny Breeze§. Without the prior consent of the City, the Company will not selli 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 excspt . 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. 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 s '~' · pec!~tcatlons relating to such proposed extension for its review and approval. IN WITNESS ~EREOF, the parties have caused these presents to be executed the day and year first aforesaid. Signed, sealed and delivered in the presence of: Witness Witness CITY OF BOYNTON BEACH, FLORIDA Mayor ATT EST: City Clerk (Corporate Seal) Signed, sealed and delivered in the presence of: Witness Witness Approved as to form and content: City At'torney BRINY BREEZES, INCORPORATED President ATTEST: Secretary (Corporate Seal) WATER SUPPLY COh...RACT THIS AGREEMENT, made this 1 day of itAt Q'fi/ 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 "). 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 adja- cent thereto; and WHEREAS, the Company is the owner and operator of a water system in the Town of Briny Breezes, Palm Beach County, Florida,1 and is engaged in supplying water to consumers in the Town of Briny Breezes; and WHEREAS, the Company desires to obtain a source of water 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 thei 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 (1) year. 3. The Company shall pay to the City the water rates, water meter connection charges, meter deposits, and all other serl- 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 10t 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 (1) cubic foot per second; and the rate of delivery that the 1 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. WATER SUPPLY CONTRACT THIS AGREEMENT, made this Ml 4( day of Grtt,GL1^ 1983, 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 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 of 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 Breezes; and WHEREAS, the Company desires to obtain a source of water 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 1, hereinafter set forth, the City agrees to sell and deliver to the 1 Company, and the Company agrees to purchase and receive from ( the City, all water required or desired by the Company to meet 11 the water supply needs of the Town of Briny Breezes, provided, H that in no event shall the City be obligated to deliver water 1 to the Company at a higher rate of delivery, or in a greater 11 1 amount than as herein provided for. f { 2. This contract shall take effect as of March 1, 1983, 11 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, 11 water meter connection charges, meter deposits, and all other 1 service charges pertaining to the municipal water system of the 1 City on a per unit basis upon the rates set forth in the City's 1 Resolution No. 82 -VVV, passed and adopted by the City on October 1 6, 1982, and upon such rates as may hereafter be adopted by the 9 City from time to time by Resolution or Ordinance. 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 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. 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 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. 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 k 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. I ° Signed, sealed and CITY OF BOYNTON BEACH, F A delivered in the presence of: B /11 -- i) Mayor es s ATTES E j Wit s y Clerk (Corp. Seal) 1 Signed, sealed and BRINY BREEZES, I)2dCOR delivered in the 2i7 presence of: Bye. /J/4, 9 f President . ' , / Witness ATTEST: WitnesA .'Secretary (Corp. Seal) 1 1; Approved as to form and content: Allr'y Attorney -3- f WATER SUPPLY CONTRACT THIS AGREEMENT, made this _,2,_ day of e[elof 1982, by and between the CITY OF BOYNTON BEACH, a municipal corpora- tion, 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 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 en- gaged 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 of 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 Breezes; and WHEREAS, the Company desires to obtain a source of water 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 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 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, 1982, 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. 75 -W, passed and adopted by the City on December 4, 1 1975, and upon such rates as may hereafter be adopted by the City from time to time by Resolution or Ordinance. In addition to the charges set forth hereinabove, the Company shall pay an annual fee to the City for each fire hydrant or stand pipe system connected to the system and located within the service area covered by this contract, the amounts specified in said Resolution No. 75 -W as same may hereafter be amended by Resolution or Ordinance of the City. (1) 9! 4. The City shall bill the Company on or before the 10th day of each month for all water delivered hereunder for the precee d- 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 delive]t ,eater 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! Ibe 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 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 be 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 Beach County, ;Florida. 9. (a) The City at its expense shall furnish, operate L and maintain all facilities, rights -of -way and easements required to furnish service hereunder to, and measure such service as of, jthe 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, furnis , :install, operate, maintain all facilities, rights -of -way and ease- ments, if any, required to receive, apply and utilize the water jdelivered hereunder, from the aforesaid point of delivery. a 10. (a) All water furnished by the City hereunder shall ibe 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 install - ed to measure the water furnished hereunder, the readings of the fieveral 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 baeems 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 ?emergency whereby the Company shall need and desire delivery of !hater hereunder at a higher rate of delivery than specified herein, :it may notify the City in writing to such effect. The City, within 1 p.ts sole discretion, may thereupon deliver water hereunder to the Oompany at such higher rate of delivery and for such time as may be ; ;determined by the City. ( A 1 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 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. 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 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. 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. CITY OF BOYNTON BEACH, FLORIDA Signed, sealed and Z delivered in the By: Q-1 presence of: Mayor / • /I► �/ .4' ATTEST: ni r / U "1" es Cit Clerk (Corp. Seal) BRINY_.,BREEZES , INCORPORATED Signed, sealed and delivered in the ' 'President presence of: resident �a ✓F`�; .�'�C Ca�� ATTEST:,) Witness i l . 1 ) Witness Secretary (Corp. Seal) Approved as to form and content: Cit torney � I (3) WATER SUPPLY CONTRACT THIS AGREEMENT, made this 024 d day of , 1981, 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 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 of 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 Breezes; and WHEREAS, the Company desires to obtain a source of water 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 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 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, 1981, 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. 75 -W, passed and adopted by the City on December 4, 1975, and upon such rates as may hereafter be adopted by the City from time to time by Resolution or Ordinance. -1- In addition to the charges set forth hereinabove, the Company shall pay an annual fee to the City for each fire hydrant or stand pipe system connected to the system and located within the service area covered by this contract, the amounts specified in said Resolution No. 75 -W as same may hereafter be amended by Resolution or Ordinance of the City. 4. The City shall bill the Company on or before the 10th day of each month for all water delivered hereunder for the 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 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 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 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 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 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 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 excess of 2 percent (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. -2- 11. 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 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. 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 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 our 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 CITY OF BOYNTON BEACW, FLORIDA delivered in the r = , J c` d / presence of: By :r� "� � <' f•i /l e 1.7 Mayor � j ATTEST: City 'Ark (Seal) IC BRINY BREEZES, INC. Peter L. Cheney OA Q � President r � o ;/ ATTEST - �1 y f c Secretary (Seal) Approved as to form and content: L t: s j City Attorney -3- WATER SUPPLY CONTRACT THIS AGREEMENT, made this .5 day of February, 1980, 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 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 of 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 Breezes; and WHEREAS, the Company desires to obtain a source of water 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 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 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, 1980, 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. 75 -W, passed and adopted by the City on December 4, 1975, and upon such rates as may hereafter be adopted by the City from time to time by Resolution or -1- In addition to the charges set forth hereinabove, the Company shall pay an annual fee to the City for each fire hydrant or stand pipe system connected to the system and located within the service area covered by this contract, the amounts specified in said Resolution No. 75 -W as same may hereafter be amended by Resolution or Ordinance of the City. 4. The City shall bill the Company on or before the 10th day of each month for all water delivered hereunder for the 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 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 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 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 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 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 manu- facture 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 to 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 - paragraph, any meter which registers not more than 2% slow or fast shall be deemed to be correct. -2- 11. 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 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. 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 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 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. 16. In the event the Company should desire to install an extension to its existing water system, prior to proceeding wish 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 CITY OF BOYNTOONBE\_BEACH, FLORIDA delivered in the � presence of: By: P /' y � or / / '' ATTEST: • i City Cle (Corp. Seal) BRINY BREEZE §, INC. President ATTEST: -) ' Secretary (Seal) Approved as to form and content: y Attorney -3- WATER SUPPLY CONTRACT THIS AGREEMENT, made this f'Y day of A.D., 1979, 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 T N E S S E T H: WHEREAS, the City is the owner and operator of a water 1 t system in the County of Palm Beach, State of Florida, and is engaged in the distribution of water to consumers in the City r � of Boynton Beach, Palm Beach County, Florida, and the territory adjacent thereto; and 4 � WHEREAS, the Company is the owner and operator of 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 Breezes; and WHEREAS, the Company desires to obtain a source of water 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 the Company, and the Company agrees to purchase and receive from 1; 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 i1 to the Company at a higher rate of delivery, or in a greater ¢� R amount than as herein provided for. 3 i fi E � ii 1, 4 e 1 o 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. 75 -W, passed and adopted by the City on December 4, 1975, and upon such rates as may hereafter be adopted by the City from time to time by Resolution or Ordinance., In addition to the charges set forth hereinabove, the Company shall pay an annual fee to the City for each fire hydrant or stand pipe system connected to the system and located within the service area covered by this contract, the amounts specified in said Resolution No. 75 -W as same may hereafter be amended by Resolution or Ordinance of the City. 4. The City shall bill the Company on or before the 10th day of each month for all water delivered hereunder for the 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 I � 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 at the point of delivery l ' specified herein, but assumes no responsibility or obligation " with respect thereto. fi -2- !4 E k j t j i 1 t E 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 de- ! 1 livered 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 Beach County, Florida. 9. (a) The City at its expense shall furnish, operate and maintain all facilities, rights of way and easements re- quired 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 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 1. utilize the water delivered hereunder, from the aforesaid point I = 1 of delivery. 10. (a) All water furnished by the City hereunder i i shall be measured by suitable metering equipment of standard manufacture to be maintained, calibrated and read by the City 1,1 at its expense. (b) In the event more than a single meter is in- stalled to measure the water furnished hereunder, the readings I 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 -3- Q !1 to 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 - 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 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 I 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 thereof. However, the City shall not be responsible in damages for any failure to supply water, interruption of supply, or shortage of water supply. 1 13. All water purchased and delivered hereunder shall 4 ' be used exclusively for the inhabitants of the Town of Briny ? Breezes. Without the prior consent of the City, the Company I h will not sell or distribute such water to any other persons or 1 1 corporations. iS ( 14. Without prior written consent of the City, neither this contract nor any interest herein nor any claim arising i hereunder shall be transferred or assigned by the Company except 'a to a successor corporation with which the Company shall have q I been consolidated or merged or which acquired by conveyance, ', transfer or condemnation all or substantially all of the 1 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. 1 1 -4- i 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 re- f lating to such proposed extension for its review and approval. I 1 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first aforesaid. 1 Signed, sealed and CITY OF BOYNTON BEACH, FLORIDA delivered in the g, presence of: B Mayor ATTEST: "As to City -,kxP,2a/ '� City Clerl.- (Corp. Seal) 4 r _ BRTIT'Y' >B EZES,, INC. / / - - _// -- President i ATTEST: As to Company — ecretary (Seal) 1' I i I I Approved as to form: tist14 Ge:14.1 11 City Manager (Acting) Ci,t Attorney . d -5- E 3 1 � r