1970/09/04 City & Beach Waterr
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A G R E E M E N T
711IS ACREC.MMIT entered into at Okeechobee, Florida,
this 4th day of September, 1970, by and between MUC1ODU BEACH
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WATER ASSOCIATION, IVC., a Florida Corporation with it's princi.-
pal office in 01cecchobce County, Florida, hereinafter referroa _:o
ns tite Associnti.on, and the CITY COUNCIL OF T112. CITY OF hereinafter referred to as the City,
WITHESSLTiI, for and in consideration o,r.' the sera c._
dol tr ench in hand pnid to the other, the receipt thereof
by each acknowled&ed, and in further consideration of tile mut.:_1
oenerits derived therefrom, the Association covenants nne
with tile My 1r, foLlaws:
1.
(n) To cooper,pte where possible with the City in
ing Lite City to construct or update their predcnt water trcat:ncnz
facility so as to meet the future need of both titre city and the
: Association upon proper assurance City will provide ndcgUAtC Water.
to Association.
(b) To sell Association's West Okeechbbee Estension,
and assign all easements and rights in connection therewith, to
n the City upon F.H.A. United States Department of Agriculture
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I.'tpproval. Consideration for said transfer shall be tile. City's
assumption of the January 1, 1970, unpaid balance in the amount
of $58,610.43, of note from Association to F.11.A., plus the pay-
ment by the City to the Association in cash the difference be-
tween said unpaid balance and $74,000.00, which represents r:.a
dt:,preci.nted vnltte of the Wert Okeechobee Extenstan,
Exhibit "B"
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i Intent F.H.A. rogi.neers estimnte.
(c) To c(i.sconnect within ten (10) Jays after execution
it
of this Agreement the Nest Olteechobee Extension from Association's;
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writer mnin, and to deliver to the City all meter records together
with $10.00 for each meter deposit for said extension, provided
customer meter account is paid in full.
(d) To pny City thirty-five (35) cents per thousand
1. gallons of eater u.jed by the Association, such rates to be
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effective on September 1, 1970.
(e) To jell only to customers (with the exception of
present city customers) that are located in area South or red-
s Ittind boundary, as r,hown on nttriched County mrip, marked "Adde+tJum
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A", sinned by the pnrti.es hereto, being of even date, rind made n
Dart of this Agreement by reference, unless a change of boundary
is mutually agreed upon by parties hereto.
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In consideration of the covenants to be kept and per-
s
formed by Association, the City covenants and agrees with the
Asnoci.ation as follows: ,
(n) To proceed as expedici.ously as possible towards
if the construction o►- enlargement of City's present water treatment
11 plant to meet the foreseeable future needs of the City, and in
I .addition, the foreseeable future needs of the Associafton, as
more fully incorporated in a study by David D. Smith Engineers,
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Inc., 2512 S. W. 31ith Street, Gainesville, Florida, 32601, 1
entitled "ConrREnEmsivE WATER rLArmirIG roR oKGECno13rr BEACH WATEII
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I~ ASSOCIATIOIZ, INC.", dated August, 1969, being Engineer rroje.:t
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s:
6905.
(b) To grunt the Association the right to immediately
i.nstnl.l or re-inntall high service pump or rumps together with
elect•ricnl gear, motors, controls and accessories at City's !
water treatment plant for nccommoditing needs of Association usersl
subject to prior =tpprovnl by City's Consulting Engineers.
(c) To purclinse West Okeechobee F,xtension from Also-
ciation and make pj)•ments to the Farmers Home Administrntion
S. Department of Agriculture) in the following manner:
1. 207 within thirty (30) days upon acceptance and
approvn.l of Lhis• Agreement by Farmers llome Administration.
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2. Remainder balance in five annual installments
~tplus accrued interest in the amount of 57. per annum.
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j (d) To sell to Association at thirty-five (35) cents
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i' per thousnnd gallow-,, oi: water metcrr_cl to Association, such race
to be effective on September 1, 1970.
(e) To :ell only to customers (with exception, of
~pr.enent City metered connection9) that are located in nren North
i1of red-lined boundary, as shown on attached County map, marked
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IAddendum A", signed by the pnrties hereto, being of even date,
and made a part of this Agreement by reference, such bounda:•; to
ncceptable unless n change of boundary is mutually agreed upon by
parties hereto.
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(E) To furnish or advise the Association by progress
reports regarding expansion of City's water treatment plant, and
allow consultation with Association prior to approving construc-
tion contract for enlargement of present City's water system.
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(n) It is mutually agreed that absolute title to the j
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West Okeechobee Rxtension sliall piss to the City of Okeechobee
upon full payment of the contract price herein provided, find
' Assoc intion ngrees to execute any document necessary to effect
said conveyance at such time and acquire all proper releases from
Farmers Home Administration.
(b) It is also mutually agreed by the parties hereto
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t 1:11fit the whol.eaal.e vniue of water shill be binding on al.l pnrttes
to this Agreement for a minimum of t' (2) yenrs from date of the
execution of this Agreement. Upon said date or upon any nnniver-
► spry date thereafter, said wholesale value of water may. be changed
i provided tint the party malting or requesting such change shale
have given to Elie other party written notice of intention to do
so no lens than one (i.) year prior thereto. ,
(c) It Ls further mutually agreed that this Agreement
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may be modified nt any time upon consent- of both parties.
IN WI'T'NESS whereof, the parties hereto have hereunto
set their hands and seals as officials of both the.Association
and the City, prior authorization for such execution hnving been :
duly obtained from City Council of Okeechobee and the hoard of.
Directors of Okeechobee,Aeach Water Association, Inc.
ATTEST:
~DX'Z;J<.v
GILL F. EMERY, sr•.1'•,A,p,TARY
EST:
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t'LORF.N;A SPIVEY,✓CI,EPK
OKEEC1 OBEE BEACH 14ATL• R
ASSVICI.Lft
ON
INC.
l,EI,ANU PEARCE, PRESIDENT
OKL•ECHOBEE CITY Y--c L
•C .A DE GARANERFr•NT
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