HomeMy Public PortalAbout05/26/1976 * Special MeetingCr
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SPECIAL COMMISSION MEETING
MAY 26. 1976
PRESENT: WILLIAM F. KOCH, JR. MAYOR
GEORGE W. WALKER VICE MAYOR
JOAN S. LAPORTE COMMISSIONER
JOHN K. WHITTEMORE COMMISSIONER
LINDLEY S. BETTISON COMMISSIONER
Also attending: William E. Gwynn, Manager and Barbara Gwynn, Deputy
Town Clerk.
The Special Advertised Meeting was called to order at 9 A.M. by Mayor
Koch.
The purpose of the Meeting was to discuss and sign the Water Agreement
between the City of Delray Beach and the Town of Gulf Stream. After
a general discussion Mr. Walker made a motion that the Water Agreement
be approved subject to Attorney John Randolph's signature on the contract.
Mrs. LaPorte seconded the motion. Motion unanimously passed.
Mayor Koch presented to the Commission for their questions and comments
a list of recommendations from the Gulf Stream Golf Club Water Committee
to their Board of Governors concerning the Water Lease Agreement between
the Club and the Town. Manager Gwynn read the list of recommendations
and Mayor Koch's comments on the Club's recommendations. Mayor Koch
suggested to the Commission they look over the list of recommendations
and comments for discussion on this Lease Agreement at a later date.
Meeting adjourned 9:35 A.M.
Deputy Town lerk
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I
WATER SERVICE AGREEMENT
This agreement made and entered into at Delray Beach, Florida, this
. c,C day of , 1976, by and between the City of Delray
Beach, a Municipal Corporation organized and existing under the laws of
the State of Florida (hereinafter sometimes called the City), party of
the first part, and the Town of Gulfstream, also a municipal corporation
organized and existing under the laws of the State of Florida (herein-
after sometimes called the Town), party of the second part, witnesseth:
Whereas, the party of the second part desires to purchase treated,
potable water from the City of Delray Beach; and,
Whereas, the partyof the first part has the ability and is willing
to provide the water service desired;
Now, therefore, in consideration of the promises and agreements
herein set forth to be observed and performed, the parties hereto agree
as follows:
SECTION I
GENERAL PURPOSE
The City shall sell and deliver to the Town, and the Town shall
purchase and receive from the City hereunder, 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 of water supply, there should be at
any time an insufficient supply of water available to fulfill the total
requirements of all customers of the Town, due to prohibitions, restric-
tions, limitations or requirements of local, state of federal governmental
agencies having jurisdiction over such matters or due to any other causes
beyond its control such as those more specifically set forth in Section
VI 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 Surp..us water over and
above the needs of the inhabitants of the City of Delray Beach.
In the event that the City is unable to fulfill the total require-
ments 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 filled by the City. If the City is unable to supply
the total requirements of all customers of the Town this shall not termi-
nate nor cancel this agreement. It shall always 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.
SECTION II
QUALITY OF WATER
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
consumers in the City of Delray Beach.
SECTION III
POINTS OF DELIVERY AND METERING
The water furnished hereunder will be delivered by the City, and
will be accepted and received by the Town at the intersection of Old
Dixie Highway and Gulfstream Boulevard and at such other points as may
be determined necessary by engineering analysis. A twelve inch waterline
shall connect the source of supply in Delray Beach to the public water
system in Gulfstream at the points referred to above, all at the expense
of the Town. This facility, including water metering, is to be owned
and maintained by the City of Delray Beach. Title to the twelve inch
waterline and the water meters will be transferred to the City, and a
Grant or Grants of Easement to the connection will be made to the City.
The City's sole responsibility is the transmission of water to
a point of connection with the Gulfstream water system, with Gulfstream
-2-
being responsible for billing their users and for maintianing 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.
SECTION IV
AMOUNT TO BE PAID MONTHLY BY GULFSTREAM
The Town is to pay the City the prevailing water rate charged the
City of Delray Beach residential users plus a surcharge of 100. As the
rate for Delray Beach residential users is increased or decreased subse-
quent 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 10% greater than the water rate charged at any particular
time to the City of Delray Beach residential users.
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 become 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.
In the event that the Town shall commit an act of default, by
failing to pay amonthly bill and shall not correct such act of default
within a period of thirty days after written demand to do so has been served
upon it by the City by registered or certified mail, the City shall have
the right to discontinue the transmission of water to the Town and take
whatever action may be necessary to recover at the rate set forth herein,
for the water transmitted and for which it has not been paid.
After one year of water service to the Town the Town will deposit
with the City an amount equal to the highest monthly billing for the
previous 12 months period. If the Town thereafter fails to make a
monthly payment and the City has followed the procedure set forth in
the proceeding paragraph the City shall use the money so deposited to
satisfy the monthly bill which has not at that time been paid. In this
event the Town shall not be considered in default for the unpaid monthly
-3-
bill that is satisfied by this deposit
Thereafter the Town shall deposit
within 30 days a like amount to be retained by the City of Delray Beach
for such future occasions and in the event of use to satisfy an unpaid
monthly bill said sum shall be replaced in like manner. Any money deposited
with the City of Delray Beach for the aforesaid purpose may be used by the
City of Delray Beach to invest as may be allowed under the laws of
Florida for Municipal Corporations and any income earned on such invest-
ment shall be retained as the sole property of the City of Delray Beach
and will not be credited toward the payment of any obligations of the
Town under this contract.
SECTION V
EFFECTIVE PERIOD OF CONTRACT
This contract shall be and remain in full force and effect for
and during a period of twenty -five (25) years from the date that Delray
Beach accepts in writing, (signed by the City Manager) title to the 12"
water line and meter as set forth in section 3, which shall occur at
such time as construction of the same has been completed to the satis-
faction of Delray Beach. The Town agrees that the title to the water
line and meter, as well as any easement necessary for the use and instal-
lation of same, shall be clear title free of all liens and encumbrances,
which shall be transferred to City at no.cost.
SECTION VI
FORCE MAJEURE
Any temporary or continuing cessation of the service by the City
caused by an Act of God, fire, strike, caualty, major maintenance work,
breakdown of or injuries 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 cessation 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. All of the provisions of this Section shall apply
equally to obligations required by the City of Delray Beach of the Town
-4-
of Gulfstream.
SECTION VII
AGREEMENT BINDING UPON SUCCESSORS
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 priod 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.
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 Ave.
Delray Beach, Fla. 33444
Town of Gulfstream
In witness whereof, the parties hereto have caused this instrument and
an exact duplicate hereof to be executed in their names and their cor-
porate 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:
- c
By:- & a:.4-d2 -rL (Seal)
ity erc
ATTEST: ji r
By: K °CCU LO :ID 1Q (Seal)
State of Florida ) SS
County of Palm Beach )
THE CITY OF DELRAY BEACH
;?TOf(Seal)
OF GUL FSTREAM
By :� (Seal)
The foregoing instrument was acknowledged before me this �—
-5-
day of
,
1976,
by
and
ELIZABETH
ARNAU
,
and
My commission expires
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES SEP. 20, 1978
BQNDLJ THRU GENERAL INSURANCE UNDERWRITERS
State of Florida
County of Palm Beach
JAMES H. SCHEIFLEY
respectively of the City of Delray Beach.
The foregoing instrument was acknowledged before me this 26th
day of May , 1976, by William F. Koch, Jr, and
S. LaPorte
My commission expires:
NOTARY PUBLIC STATE OF FLORIDA AT LAR ,F
MY COMMISSION E%PiRES MAR. 19, 1979
BONDED THRII GF "7PAL 14SURANr_F 1p �n�c;i a.rFRS
Approved as to Leqal Form -
and
respectively of the Town of Gulfstream.
W-M
A