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Home My WebLink AboutDocumentation_Regular_Tab 11A_9/10/1992 Till r VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive ("111111 ;;; Tcqucsta,Florida 33469-0273 • (407)575-6200 .� t Fax: (407)575-6203 tea :k ►�g f4ch co y MEMORANDUM : TO: Village Council FROM: Thomas G. Bradford, Village Manager DATE: September 3, 1992 SUBJECT: Amendment to Bulk Sale Water Service Agreement Between the Town of Jupiter and the Village of Tequesta; Agenda Item. The attached Amendment was agreed to in principle by the Town of Jupiter and the Village during the course of our discussions regarding the proposed bulk rate water increase. The Amendment provides the Village with a cushion of .25 MGD a day before the contractual ratcheting provisions would apply. This gives the Village necessary flexibility in dealing with peak demand situations. 1 It is recommended that the Village Counciliapprove the Amendment to the Bulk Sale Water Service Agreement arid authorize the Mayor and Village Manager to execute the same on behalf of the Village. TGB/krb Attachment Recycled Paper T• , JONES, FOSTER, JOHNSTON & STUBBS, P. A. • ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER �'` � 1144 505 SOUTH FLAOLER DRIVE . Y ELEVENTH FLOOR LARRY B.ALEXANDER JOHN.M.UROUx P.O.DRAWER E 8 0�+( i S^L HENRY P.UUENTHAL VINCENT J.ALTINO JOHN WWI MoCRACKIN WEST PALM BEACH,FLORIDA 33402- rEQUCnt H ALLI/ON JOHNSTON O f 150E-1NI S TEPHEN J.AUCAMP SCOTT L MoMULLEN MICHAEL D.BROWN PAMELA A.MoNIERNEY (407)S5Y-3000 I e A S COTT M.COLTON TIMOTHY E.MONAOHAN •l T T.131 JOYCE A.CONWAY JOHN O.RANDOLPH FAX:(407)532.1464 vl' 0.ERUCE JONES MAROARET L COOPER PAULA REVlN! RE▪BECCA a.DOµE ANDREW EVEN J.ROTHMAN V/l 6J 1EN.1ME CHRISTOPHER B.DUKE PETER A BACH/ PALL 0.WOIJI L MARTIN PLANAOAN D.CULVER OMITH III ,LORI E.HANDELSMAN JOEL T.STRAWNRETIRED SCOTT O.HAWKINS SIDNEY A STUBBS,JR. WRITERS DIRECT UNE: WILUAM A PO/T!R THORNTON M.HENRY ALLEN R.TOMLINSON PETER B.HOLTON JOHN/.TWMPER J.A.JUROEN/ MICHAEL P.WALSHOTHER LOCATION MHAARK EL. RRAI N.ADAMB wEAveR N N.I.FOURTH AVE. AY BEACH,PLORIDA 1Hp August 25, 1992 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Bulk Salc Water Service Agreement with Jupiter Our File No. 13153.3 • Dear Tom: • Please find enclosed the proposed Amendment to Bulk Sale Water Service Agreement. I call your attention to a letter of July127, 1992, from David Brown to Tom Hall regarding the potential need for another amendment. I would request that Tom Hall review this matter and advise whether or not an additional amendment is needed in regard to the matter addressed in the letter of July 27th. d , • I andolph JCR/ssm Enclosure cc: Thomas C. Hall • 1 • • r I r i AMENDMENT TO BULK BALE WATER SERVICE AGREEMENT COME NOW the undersigned parties and hereby amend the Bulk Sale Water Service Agreement, dated July 15, 1976, as amended, in the manner and form referenced herein. Paragraph 6, Guaranteed Revenues and Minimums, is hereby amended to read as follows: - "6. GUARANTEED REVENUES AND MINIMUMS The parties recognize and acknowledge that the commitment, on theipart of Utility, to provide bulk water service to Village, and the general requirement ultimately upon Utility to expand and/or replace treatment plant facilities allocated for the purpose of providing service to Village herein, together with Utility's requirement to support costs and indebtedness allocable to the service referred to in this Agreement, requires that Utility impose upon the purchasers of bulk sale service, an obligation to take and/or g / pay for, minimum quantities of potable water service, whether or not such services are actually drawn or used by said bulk sale purchaser. Accordingly, and in order to induce Utility to enter into this Agreement, Village agrees and guarantees to commence payment for the quantities of potable water service as hereinafter set forth. Commencing with the date of "availability of service" as that term is hereinafter defined, Village shall be obligated to receive and/or pay for a minimum of 547,500,000 gallons of water (1.50 million gallons per day times 365 days) during the next year and each year thereafter during the life of this agreement. v I In the event, however, that the Village receives in any one year an amount of water annually which results in an annual average of 1.75 MGD then, in the year following such year of usage the Village shall be obligated to receive and/or pay for a minimum supply of water equal to 1.75 MGD or 638,750,000 gallons of water yearly. Thereafter, the annual average of 1.75 MGD or 638,750,000 gallons of water yearly shall be the maximum amount which the Village shall be obligated to receive and/oripay for pursuant to the terms of this agreement. The minimum obligation of the Village shall remain 1.5 MGD average or 547,500,000 gallons of water annually unless and until such time adthe Village's actual annual usage is 1.75 MGD or 638,750, 000 gallons per year. The parties recognize that the purpose of expressing minimum quantities on an annual basis is to permit Village to ; average its annual requirements during periods of lower daily demand (wet season) , and higher daily demand (dry season) . The parties hereto will, by separate agreement, provide for the use by either system of emergency quantities of water in the event of equipment or mechanical failures in plants or systems making the supply of potable water inadequate, at minimum levels, to provide for the health, safety and welfare or either system's consumers. Such emergencies, and the quantities of water furnished by Jupiter to Tequesta during the limited period of such emergency, shall not be counted in Tequesta's annual average consumption figures notwithstanding that the water furnished during the emergency was billed by Jupiter to Tequesta. 2 ' I vi Each month during the term of this Agreement, Utility shall bill Village for a monthly quantity equal to one-twelfth of the annual minimum plus any additional water used; over the minimum. Village shall be required to pay for such monthly quantity when billed. In the event that Village has actually received a quantity of water which is less than the aforesaid stated monthly minimum, then, and in that event, Village shall be entitled to carry over any unused but paid for quantity of water into a subsequent month within the same service year where usage by the, Village exceeds the said monthly minimum quantity. Conversely, the Village's excess usage above the minimum in any month of the; same service year, resulting in a monthly payment in excess of ;the minimum, may be carried forward to offset minimum charges for water in a subsequent month during the same service year in which Village has used less than the minimum quantity of water. It is , the purpose of this formula to adjust monthly usages within the same service year so as to allow Village to pay only for water actually received, provided that, on said annual basis, Village will have paid for not less than those costs equating to the total annual minimum quantities set forth herein. The requirement upon Village to pay such guaranteed revenues shall continue unlimited and unabated during the term of this Agreement, except as hereinafter set forth. " 3 IN WITNESS WHEREOF, the parties have signed this Amendment to Bulk Sale Water Service Agreement, this day of 1992. Signed, sealed and delivered in the presence of: VILLAGE OF TEQUESTA By Witness By Witness TOWN OF JUPITER • By Witness By Witness i • JCR\13153-03\BULKWATE.AMD 4