HomeMy Public PortalAboutDelray Beach Water Service Agreement June 17 1998,
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WATER SERVICE AGR EMENT
This Agreement made and entered into this I).yl� day of
190K by and between the City of Delray Beach, a Municipal Corporation organized and
existing under the laws of the State of Florida (hereinafter referred to as the "City"), and the
Town of Gulfstream, a municipal corporation organized and existing under the laws of the
State of Florida (hereinafter referred to as the "Town")
Whereas, the Town desires to purchase treated, potable water from the City; and,
Whereas, the City has the ability and is willing to provide the water service desired to
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the extent provided herein.
NOW THEREFORE, in consideration of the promises and agreements herein set forth
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to be observed and performed, the parties hereto agree as follows:
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The Recitations set forth above are incorporated as if fully set forth herein.
SECTION II
GENERAL PURPOSE
The City shall sell and deliver to the Town, and the Town shall purchase and receive
from the City, all water necessary to fulfill the water requirements of the Town, up to
800,000 gallons per day, during the effective period of this contract. In the event that, despite
all reasonable diligence exercised by the City in developing and maintaining adequate sources
Sof water supply, there should be at any time an insufficient supply of water available to fulfill
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the total requirements of all customers of the Town, due to prohibitions, restrictions,
limitations or requirements of local, state of federal governmental agencies having jurisdiction
over such matters or due to any other causes beyond its control including but not limited to
those more specifically set forth in Section VII hereof, the City shall be deemed to have fully
performed its duties and to have discharged its obligations hereunder if, in such circumstances,
it shall furnish and deliver to the Town its surplus water over and above the needs of the
inhabitants.
In the event that the City is unable to fulfill the total requirements of all customers of
the Town, then the Town shall have the right, without cancellation of this Agreement, to seek
an alternative source of water to fulfill the needs of the inhabitants of the Town that are not at
that time being fulfilled by the City. If the City is unable to supply the total requirements of
all customers of the Town, this shall not terminate or cancel this Agreement. It shall always
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be the obligation of the Town hereunder to purchase all water necessary to fulfill the
requirements of the Town up to 800,000 gallons per day from the City to the extent that the
City is able to furnish such water to the Town and the fact that the Town may be obligated to
or using an alternate entity and/or source of water supply shall not diminish the obligation of
the Town in this regard.
All water delivered by the City hereunder shall be of good and potable quality
satisfactory for domestic use and shall have received the same treatment and be of the quality
as that furnished by the City to all other customers of the City.
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The water furnished hereunder will be delivered by the City, and will be accepted and
received by the Town at the intersections of Old Dixie Highway, Gulfstream Boulevard,
Pelican Lane and State Road A -1-A and at such other points as may be determined necessary
by engineering analysis and as mutually agreed upon by the City and the Town. The City
shall maintain facilities of sufficient capacity to provide the combined volume of water referred
to in Section II, at the points referred to above. If any additional points of service are
required, the Town shall pay the total cost of the additional facilities, including but not limited
to additional meters. All existing and future facilities required and agreed to by the parties,
including master water meters shall be owned and maintained by the City. Title to the
existing twelve inch waterline and the existing master water meters have 4een transferred to
the City, and a Grant or Grants of Easement to the connection have been made to the City.
Title to future facilities and grants of easements, as required shall be furnished by the Town to
the City at no expense to the City. The City's sole responsibility is the transmission of water
to points of connection with the Town's water system, with the Town being responsible for
billing their users and for maintaining their water system including the repair of users' meters.
The City shall render a single bill monthly to the Town based on the master meter
readings.
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The Town is to pay the City the prevailing water rate charged by the City to non-
residential users plus a surcharge of 25%. As the rate for non-residential users is increased or
decreased subsequent to the date of this contract the rate payable by the Town shall float with
said increases or decreases, so that the rate payable by the Town is always 25% greater than
the water rate charged at any particular time to the City of Delray Beach non-residential users;
provided, however, that in no case shall the rate payable by the Town exceed the prevailing
water rate charged to City of Delray Beach residential users, plus a surcharge of 10%. In the
event that, during the term of this agreement, the legislation relating to the ability to surcharge
is amended, or in the event that it is determined by law that such a surcharge is not
appropriate, then, and in that event, this agreement shall be modified so as to eliminate or
decrease the surcharge to be consistent with the prevailing law, but in no event shall the
surcharge, during the term of this agreement, be greater than the amount specified herein.
If the master meter becomes inoperative during the first year after the acceptance of the
line by the City, the City shall bill the Town on the basis of the last preceding month's bill
while said master meter was operative. If the master meter becomes inoperative after it has
been in operation for a twelve month period, the City shall bill the Town on the basis of the
same month in the previous year. Payment by the Town to the City for water shall be within
30 days after furnishing monthly bills to the Town.
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Upon the occurrence of an Event of Default by a Party, the non -defaulting Party shall
have the right to terminate this Agreement and its services hereunder, and to disconnect or
block the connection facilities. An Event of Default shall occur (1) upon failure of a Party to
pay when due any amount hereunder, which non-payment shall not have been cured by the
Party within thirty (30) days follot.ving the Party's receipt of written notice of such non-
payment, or (2) upon failure of the Party to cure any non -monetary default within thirty (30)
days after which it is given written notice, provided, however, that if such non -monetary
default cannot by its nature reasonably be cured within such thirty (30) day period, an Event of
Default shall not occur if the Party shall in good faith commence such cure within such period
and shall thereafter diligently and continuously pursue such cure to comple Yon at the earliest
possible date. The full amount of all sums due or to become due to the non -defaulting Party
hereunder, including but not limited to any unpaid water charges and accrued interest thereon,
upon an Event of Default become immediately due and payable in full without further demand
or notice. It is further provided, however, that the defaulting Party's payment to the non -
defaulting Party of any disputed amounts shall not impair its rights to dispute or litigate any
such said amounts. Repeated and frequent defaults, although subsequently cured within the
thirty (30) day period, shall, in the non -defaulting Party's sole discretion, constitute a non -
curable default, and shall result in an acceleration of all sums due or to become due to the non -
defaulting Party. The remedies indicated by this paragraph shall be in addition to any other
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remedy in law or in equity, which the non -defaulting Party might have or which might be
provided by this Agreement.
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DDIV LTAD W DI H UJIXII OKKII91t:
This contract shall be and remain in full force and effect for and during a period of
twenty-five (25) years from the effective date of this agreement. The Town agrees that the
title to the facilities, as well as any easements necessary for the use and installation of same,
shall be clear and the title shall be free of all liens and encumbrances. The easements shall be
transferred to the City at no cost.
Any temporary or continuing cessation of the service by the City caused by an Act of
God, fire, strike, casualty, major maintenance work, breakdown of or injdries to machinery,
pumps or pipelines, civil or military authority, insurrection, riot, or other causes of the same
kind as enumerated herein shall not constitute a breach of the Agreement on the part of the
City, and the City shall not be liable to the Town for any damage resulting from such cession
of service. The City shall use reasonable diligence in the operation and maintenance of its
water supply and transmission facilities; however, the City shall not be responsible to the
Town for any interruption of service due to causes beyond the City's control.
During the Term of this Agreement, the parties shall be bound by their own ordinances
governing water restrictions as well as any other applicable South Florida Water Management
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District, County, State or Federal requirements governing water restrictions and governing the
production of potable water.
This Agreement shall inure and be binding upon the successors of each of the parties
hereto; provided however, that in the event that, at any time during the effective period
hereof, the Town shall sell all or any portion of its water distribution system, the purchaser
thereof shall acquire no rights of any kind hereunder unless the City shall agree hereto in
writing prior to the consummation of such sale. Neither the Town or the City shall assign,
convey or transfer any rights or interest in this Interlocal Agreement without the consent of the
other.
All notices required pursuant to this Agreement shall be properly given if mailed by
United States registered or certified mail addressed to the party to which notice is to be given
at the following respective addresses:
City of Delray Beach
City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
Town of Gulfstream
TOWN MANAGER
inn SRA anAn
GULF STREAM, FL 33483
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Each Party shall be responsible for its own negligence in connection with, arising out
of or incident to, the performance of this Agreement.
The invalidity of any portion, article, paragraph, provision, clause or any portion
thereof of this Agreement shall have no effect upon the validity of any other part or portion
hereof. If a portion, part, provision, clause, paragraph, article is found by a court of
competent jurisdiction to be invalid, the parties will negotiate substitute language to be binding
on the parties.
To the extent allowed by law, the venue for any action arising from this Agreement
shall be in Palm Beach County, Florida. The Agreement shall be governed by and in
accordance with the Laws of the State of Florida and applicable Federal Law in the event of a
conflict and to the extent that Federal law preempts the laws of the State of Florida.
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All previous resolutions and previous Agreements between the City and Town are
hereby repealed.
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Any modification to this Agreement shall be made in writing, executed by the Parties
hereto, and filed with the Clerk of the Circuit Court pursuant to Florida Statute Section
163.01.
This Agreement shall take effect upon its execution by both Parties, and its filing with
the Clerk of the Court in and for Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this instrument and an
exact duplicate hereof to be executed in their names and their corporate seals affixed hereto
and•to•'said duplicate by their respective officers thereunto duly authorized, all as of the day
and year herein before first above written.
ATTEST: '
By
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City Clerk
Approved as to legal form and
sufficiency:
C
hoXity Attorney
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121. Y-4jif"
Cit19
y Jerk
Approved as V •tergal• form and
sufficiency:,
M.
Attorney
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CITY OF DELRAY BEACH, FLORIDA
Any modification to this Agreement shall be made in writing, executed by the Parties
hereto, and filed with the Clerk of the Circuit Court pursuant to Florida Statute Section
163.01.
This Agreement shall take effect upon its execution by both Parties, and its filing with
the Clerk of the Court in and for Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this instrument and an
exact duplicate hereof to be executed in their names and their corporate seals affixed hereto
and to said duplicate by their respective officers thereunto duly authorized, all as of the day
and year herein before first above written.
ATTEST:
aA�* City Clerk
�/i./�./
Approved as to legal form and
sufficiency:
By: QZ—�
A,&, City Attorney
By: /?�6 /- Taz-)L
City C erk
Approved as to legal form and
sufficiency:
By:
City Attorney
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CITY OF DELRAY BEACH, FLORIDA
By:
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