HomeMy WebLinkAboutAgreement_General_08/13/2015 (3) VILLAGE OF TEQUESTA
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MEMORANDUM - Village Clerk's Office
TO: Jude Goudreau, Town Clerk, Jupiter Inlet Colony
FROM: Lori McWilliams, Village Clerk
DATE: August 26, 2015 �...
SUBJECT: Retail Water Service and Franchise Agreement Extension
Jude, attached is the "Retail Water Service and Franchise Agreement Extension" that
was recently approved by the Village Council.
Please note, I accidentally scratched through and initialed the 2045 date on the last
page. The correct date is August 13, 2045.
Thank you,
Lori
RETAIL WATER SERVICE AND FRANCHISE AGREEMENT EXTENSION
This Retail Water Service and Franchise Agreement Extension h "f,Xtension �fr�
Agreement) is made and entered into, and is effective this 13 day o , 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 Service 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 Retail 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 Effective Date of this Extension Agreement, making July 13 2645 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 INL T COLONY
4k llG
igail Br nnan, Mayor F - i3 anie . Co rford, II , M or
OF
Attest: ��. ' *'- < '�;4ttest:
BY: 1 A �'`" ` ~ ter: � A L � .` � ..,
Y:
Lori McWilliams, IJ !TED Jwd Goudreau,
Village Clerk r,� -�•. �� t g'^�,- ; �� Town Clerk
Approved as to For and Le6'�I °ISU iciency:
BY:�
Kei W. Davis, Esq. f r '� William Doney, Esq.
Vi age Attorney Town Attorney
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