HomeMy WebLinkAboutDocumentation_Regular_Tab 10_08/13/2015 • RETAIL WATER SERVICE AND FRANCHISE AGREEMENT EXTENSION
This Retail Water Service and Franchise Agreement Extension (the "Extension
Agreement") is made and entered into, and is effective this day of July, 2015 (the
"Effective Date"), by and between the Village of Tequesta, a Florida municipal
corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469
(hereinafter the "Village"); and the Town of Jupiter Inlet Colony, a Florida municipal
corporation with offices located at 1 Colony Road, Jupiter Inlet Colony, Florida 33469,
(hereinafter "Town").
WITNESSETH:
WHEREAS, the Village and the Town entered into a Retail Water Service and
Franchise Agreement on May 4, 2000, which provides for a term of thirty (30) years;
and
WHEREAS, The Village, the Town, and the Loxahatchee Environmental Control
District (ENCON) have recently entered into a tri-party interlocal agreement that
provides for, among other things, the renovation and replacement of the Village's water
distribution system located within the Town; and
WHEREAS, Paragraph J of the Retail Water Senrice and Franchise Agreement
� allows for an amendment thereto by written instrument signed by Village and Town
representatives; and
WHEREAS, in light of the Village investing in the renovation and replacement of
its water distribution system located within the Town, the Village and the Town also
desire to amend the Retai! Water Service and Franchise Agreement by providing for a
new extended term of thirty (30) years commencing from the Effective Date of this
Extension Agreement; and
WHEREAS, both the Village and the Town believe that entering into this
Extension Agreement is in the best interest of the Village and the Town, and will serve
the public health, safety and welfare of both Village and Town residents and
businesses.
NOW THEREFORE, in consideration of the promises, mutual covenants,
conditions and provisions and undertakings herein contained, and for other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged
by the Village and the Town; the Village and the Town do mutually covenant and agree
with each other as follows:
SECTION 1: EXTENSION OF TERM
A. The Village and the Town agree to extend the term of the Retail Water
� Service and Franchise Agreement for a new term of thirty (30) years, commencing on
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� the Effe�tive Date of this E�ctension Agreement, making July , 2045 the new
termination date.
SECTION 2: ALL OTHER CONDITIONS REMAIN IN FULL FORCE AND
EFFECT
Each and every other condition of the Retail Water Service and Franchise
Agreement shall remain in full force and effect during the full term of the Extension
Agreement.
IN WITNESS WHEREOF, The Village and the Town have caused this Retail
Water Service and Franchise Agreement Extension to be signed and executed on their
respective behalves by their Mayors and be duly attested to by their Clerks on the day
and year first written above.
VILLAGE OF TEQUESTA TOWN OF JUPITER INLET COLONY
Abigail Brennan, Mayor Daniel J. ComerFord, III, Mayor
� Attest: Attest:
BY: BY:
Lori McWllliams, MMC Jude Goudreau,
Village Clerk Town Clerk
Approved as to Form and Legal Sufficiency:
BY: BY:
Keith W. Davis, Esq. William Doney, Esq.
Village Attorney Town Attorney
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