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79-HP~SOLUTION NO. 79- ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOyETONBEACH, FLORIDA, AUTHORIZING AND DIRECTING THE~MAYOR ABID 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 ANDMADE A PART HEREOF. NOW, THEREFORE, BE AND tT IS HEREBY RESOLVED BY THE CITY COUNCIL OF T~E CIT~ OF BOYNTON BEACH, FLORIDA: Section ~1. That authorized and directed Boynton Beach, Florida, the Mayor and City Clerk are hereby to execute on behalf of the City of that certain Water Supply Agreement with Briny Breezes, Inc., a copy of which is attached hereto and made a part hereof, after said Agreement has been executed by Briny breezes. Inc. Section 2 That the City Manager is hereby directed to forward t~e original and one copy of the aforesaid Agree- ment to Briny Breezes, Inc., for execution. Section 3. This Resolution shall take effect immediately upon its passage. PASSED and ADOPTED this ~ day of February, 1979. MaNor Mayor Member ATTEST: Council Member City Clerk (Corp, Seal) WATER SUPPLY CONTRACT THIS AGREEMENT, made this 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 ! TNE S 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 of Boynton Beach, Palm Beach County, adjacent thereto; and to consumers in the City Florida~ and the territory WHEREAS, water syste~ in Florida, and is Town of Briny Breezes; the Company is the Town of Briny Breezes~ engaged in supplying water and the owner an~ operator of a Palm Beach County, to consumers in the 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 an~ ~eliver 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 obtigate~ to deli~e~ 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 %rater 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 In addition to the charges set shall pay an annual fee to the stand pipe system connected ~o to time by Resolution or Ordinance. forth hereinabove, the Company City for each fire hydrant or 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 the preceding calendar month. Payments shall be made by the Company to the City for each billing within ten (~) 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 ~o 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. -2- 7. The quality of water to the Company hereunder shall meet delivered by the City to its inhabitants. be delivered by the City the same standards as the water 8. The water to be furnished herennder shall be de- livered by the City to the Company at the point of intersection of the Company's and City's facilities located at R~tb_mary 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 o~ way and easements re- quired to furnish service hereunder to, and measure such service as of, the point of delivery specified herein. ~he City's pipe lines at such point of delivery shall not be less than six inches in diameter. (6) (b) The Company at its expense shall procure, install, operate and maintain all facilities~ rights of easements, if any~ required to receive, apply and from the aforesaid point furnish, way and utilize the water delivered hereunder, of delivery. 10. (a) Ail water furnished by the Cit~ hereunder sha~l 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 in- stalled 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 -3- to remain in service which has an error in registration in excess of 2 percent (2%) under normal operating conditions. the purpose of this sub-paragraph, any meter which registers not more than 2% slow or fast shall be deemed to be correct. For 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 disoretion, ma~ thereupon deliver water hereunder to the Company at such higher ate of delivery and for such time as may be determined by the'~ity. 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. Ail 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 corporatior~ 14. Without prior written consent of the City, neither this contract nor any interest herein nor any claim arising hereunder shall be tra.nsferred or assigned by the Company except to a successor corporation with which the Company shall have been consolidated or merged or which ac~oired 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. -4- 16. In the event the Company should desire to install an extension to its existing water system, prior to proceeding with such installation, it sha~l notify the City o~ such intent and shall submit to the City the plans and specifications re- lating 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: CITY OF BOYNTON BEACH, By: Mayor FLORIDA ATTEST: As to City City Clerk (Corp. Seal) BRINY BREEZES~ INC. By: President ATTEST: As ~o Company Secretary (Seal) Approved as to form: City Manager City Attorney -5-