Water Purchase ContractWATER t'U'RCtIASL CONTRACT
TII1S CONTRACT FOR THE SALi'. AND RURCHASE OF WATER IS ENTERED 111T0
:sr of the 6th Day of __Apitl
City of Okeechobee, an incorporated .municipality of the State of Florida,
ho►•oinaftcr referred to as the "City and Okeechobee Beach Water
A::::oc.[ntion, Inc., a non profit corporation organized under the J.:,w.;
r !Mate •).f.F].orida, hereinafter referred to' as the "Association".
WIT'f1SSETf:
WHEREAS, the Association has been organized as a corporation not
for profit under the Laws of the State of Florida, for the purpose of
constructing and operating a cater supply distribution system wr.rv.ing
w.gtr users within the arcs described in plans now on file in the ofl oo
of the Association and to ncco this purpose, the Association w i l l
rcryu:i_re a supply of treated rater, and
WHEREAS, the City owns and operates a water supply distribution
sy::tem with a capacity currently capable of serv:ing,t.he present customer:•
of the City system and the estimated number of water users to be
•'•rved.by the said Association as shown in the plans of the system now
on filo► in the office of the Association, and;
WHEREAS, by Resolution Ho.
April 196 5 by the Council of the City, the sale of
water to the Association in accordance with the provisions of the said
Resolution wns approved and the execution of this Contract carrying out
thi' .,:►id Resolution by the President of the City Council and attested
by the Clerk of the City of Okeechobee, was..duly authorized, and;
WHEREAS, by Resolution of the Board of Directors of the Association,
onnctc:d on the 6th Day of April 196,E the purc:hi:r::r
Exhibit "A"
enacted on the
LWJ:ah
1965, between the
Gth Day pit
of water from the City in accordance with the terms set forth in the said
Resolution was approved, Ind the execution of this Contract by the
President and attested bysthe Secretary was duly authorized;
NOW, '1'111;N ;FORM, 3 n cpnsideration of the foregoing and the rnutual
ngr•eements hereinafter se, forth:
Tm•; CITY AGREES:
1. To furnish.the Ars;ociation, at the City of Okeechobee Water
Treatment Plant, J pn State Road No. 7J, several miles South of tie
City of Okeechobee, durin, the term of this Contract:, or any renew :ii or
extension thereof,,pbtab1r, treated water, meeting applicable purity
:;tend; rds of the Florida I gtate Board of Health, in such qutr;til:y as mny
be required by the Associrat ion.
2. That the City w1.1l operate and service the equipment to be
installed at the City Water Treatment Plant used in transmi.tt3.ng
water of the City to the Association's distribution system.
3. To operate and maintain at its own expense, the necessary meteri itr
equipment and other required services of standard type for properly
measuring the quantity of water del3.vered the Association, and Lo
calibrate such metering equipment whenever requested by the Association,
but not more frequently Lhan every twelve month. A meter registering
not more than two per cent above or below the actual flow shall be
deemed Lu be accurate. The previous readings or any meter disclosed by
test to be inaccurate shall be corrected for the six months previous
to such test in nccordr ►nce with the percentage of.inaccuracy found by
such tests. If any meter foils to register for any period, the amount
of water furnished during such period shall be deemed to be the amount
of water delivered in the corresponding period immediately prior to the
failure, unless the City and the Association shall agree upon a
different amount. The metering equipment shall be read on the first
d1y of each month.
-2-
4. To furnish the manager of the Association at the Association's
Ir•••vlqprerter:> nut later than the tenth day of each month with an :itr :mil4e l
:'tet•.:urrrrt of the amount: o water furnished the Association during the
preceding month.
5. The City, for and in consideration of the sum of ONE DOLLAR
and other good and valuable considerations, does hereby grant and convoy
to the Association an easement to enter into the Water Treatment Plant
and across appurtenant property of the City for the purpose of installing
:urd mai.ntning the equipment of the Association and for other purposes
in connection with its water distribution system during' the term of
this Contract, end for any extension or renewal of the same.
6. The City further agrees that at the termination of this Contract.
�•r of any extension or repnwel of the Game, that the Association shall
lr )ve the privilege of rempvi.ng its meter and other equipment from the
aforesaid Water 'Treatment Plant, and from other property of the City
on which the Association's equipment might be located.
TIIE ASSOCIATION AGREES:
1. The Association will install and maintain all equipment nececs;n y
to discharge water from the treatment p].ont into the Association's
distribution system, including a master meter and other equipment as
shown in the plans of the Association, and the Association w9..i1 be
responsible for keeping all its equipment in good repair.
2. '10 pay the City, not later than the 20th day of each month, 1'vr
wat:::r• delivered in the preceding month, at the rate of twenty -six cent.::
MO per 1,000 gallons furnished.
3. It 1.0 expressly understood by and between the parties hneto tlr :rt,
tip! A :c.ciation will install Its meter and other equipment in the W;rt.rtr•
Tr•,,ntment: Plant o!: the City, and that the Association's contractor wi.11
perform the work necessary in order to install the same and Lo connect.
1.1,•: Association's distribution system with that of the City, nua that
there will be little cost to the City in connection with the connection,
1.r,i; in the event that any
costa accrue to the City as a result of tho
ii. I i1.I �Li.�n► :i d connection of the Association's meter and equipment
with that of the City's water supply, that the Association will h,;,,►•
the costs to the City of these expanses, including the cost of re-
locating any of the City's equipment and any alterations made necessary
by the above described installation and connection up to an amount;
:►nd not exceeding FIVE THOUSAND DOLLARS ($5,000.00); and it is further
agreed that the Association shall have the privilege of having its
contractor perform whatever work is necessary, and that the City shall
•.•l,l:,in the approval of the Association prior to contracting for or
exp- aing any monies for such expenses.
IT IS FURTHER MUTUALLY AG tEED BETWEEN THE CITY AND TIIE ASSOCIATION AS
1. Tlt.t this Contract; shall extend for a term of ten (10) years
from the dote: of the initial delivery of any water by the C.i.t.y to the
Association, and will continue in force after said ten (10) year
p•'riod unless terminated as follows: The Contract may be terminated by
either the Association or the City by giving two years' notice in writios
during January of each even year during the continuance of this Contract..
That the fir;•t January in which either the City or the Association can
give thn two years' notice of termination is during 1974. Every two
years thereafter, the City or the Association can give written notice
of the termination of the Contract to the other party to be effective
the f.'i rf day of January two years later.
2. That thirty (30) days prior to the estimated date of completion
of construction of the Association's water supply distribution system,
the Association will notify the City in writing tho date for the initial
1 1 v.:r•y of water,
-4-
3. When requested by the Association, the City will make nvn.ilr,irl,
to the contractor at the point of delivery or other point reasonably
•lu::•: thereto water sufficient for testing, flushing, and filling
Ch- system of the Association during construction. The contractor or
the Association will pay to the City the metered volume of water
fevn.i: :hod in connection with this paragraph to the Association at the
:Treed rate of twenty -six cents (26¢) per 1,000 gallons.
That the City will, at all times operate and maintain its
::y:•tem in nn efficient manner and will take such action as may be
necessary to furnish the district with quantities of water required by
the Association. Temporary or partial failures to deliver water shall
■n remedied with all possible dispatch. In the event of an extended
:hortarLe of water, or the supply of ;;pater available to the City is
:•th. ?rwi.se diminished over an extended period of time, the supply of water
to Association consumers shall be reduced or diminished in the same retie,
or proportion an the supply to CiLy consumers is reduced or diminished.
)rr the event that because of a breakdown in City equipment or for other
reasons the City cannot furnish the Association with water ns provided
herein, and in the event that the City shall take reasonable action to
correct the breakdown or other cause, the City will not be liable to
the Association for the failure to deliver water to the Association,
provided that the total supply of water to Association consumers :hall
he reduced or diminished in the same ratio or proportion as the supply
Le City consumers is reduced or diminished.
5. The Association agrees after removing its equipment and meter
at the termination of this Contract or of any extension or renewal of
the same to repair any domage to the City's Water Treatment Plant caused
by said removing, and to re- locate the City's equipment Lo its orif ;inal
perit;i.on that such equipment was in
-5-
prior to the installation of the
Arroci.ntion's equipment and meter in the Water Treatment Plant.
6. That this Contract is subject to such rules,.regulat•ions or
i.nws as may be applicable to similar agreements in the State of Fior•iiin,
m the City and the Association will collaborate in obtaining such
permits, certificates, or the like, as may be required to company therewith.
7. That the construction of the" water supply distribution system
by the Association is being financed bya loan from the United States of.
America, acting through the Farmers Nome Administration of the United
Mates Department of Agriculture, and'the provisions hereof pertaining
to the undertakings of the Association are conditioned upon' the approval,:
in writing, of the State Director of Florida of Farmers Home Administration.
8. That fn the events of any occurrence rendering the Association
iric;pable of perform).np under this Contract, any successor of the
Association, whether the result of legal process, assignment or otherwise,
c:h:r)1 ;succeed to the rights of the Association hereunder.
J WITNESS WHEREOF, the parties Hereto, acting under authority of
thc:) r.'rcrpective governing bodies, have caused this Contract to be duly
executed in Four counterparts, each of which shall constitute an
original.
ATTEST: cpe?c .c..c.c.a. �ja ccr•.�.,
CLERK OF cl'rx OF ol;rl:VOBEE
-6-
CITY OF OKEECIIOB EE
BY: �C.. -�L¢ Ac.C%s_0- c. ;.L.
CITY COWICIL PRESIDENT
OKEECIIOBEF /I)Yy n WAr J ;ocIATION, INC.
PRESIDENT
A'I•'TEST l c�l `"L
r
1
THIS CON• l' ItA T behalf''af the Fer hier5•'fomo''AdInini:atral..ioe
on this the ,Pay of A. 1). 1965.
STATE. DIRECTOR OF. FLORIDA