Contract with CMB and Indian Creek Village CONTRACT BETWEEN CITY OF MIAMI
BEACH AND INDIAN CREEK VILLAGE
FOR THE RENDITION OF WATER
SERVICE BY SAID CITY TO SAID
VILLAGE . .
THIS CONTRACT, made and entered into this
day of 1972, by and between
the CITY OF MIAMI BEACH, a Municipal Corporation organ-
ized and existing under the laws of the State of Florida
(hereinafter sometimes called "Miami Beach") , party of
the first part, and INDIAN CREEK VILLAGE, a Municipal
Corporation organized and existing under the laws of the
State of Florida (hereinafter sometimes called "Indian
Creek") , party of the second part;
W I T N E S S E T H
That, in consideration of the covenants and
agreements herein set forth to be observed and performed,
the parties hereto hereby covenant and agree as follows:
SECTION I
GENERAL PURPOSE. Insofar as it may be lawful to do so, '
"Miami Beach" shall, commencing the day 'of
, 1972, sell and deliver to "Indian Creek"
such water as may be necessary to fulfill the water re-
quirements of "Indian Creek" throughout the entire terri-
tory served by it at all times during the effective period
of this contract, such territory to be limited to the pres-
ent boundaries of Indian Creek Village; provided, however,
that in the event that, despite all reasonable diligence
exercised by "Miami Beach", there should, at any time, be
an insufficient supply of water due to causes beyond its
control, available to fulfill the total requirements of
all customers of "Miami Beach", "Miami Beach" shall be
deemed to have fully performed its duties and to have dis-
charged its duties hereunder. if, in such circumstances,
it shall furnish and deliver to "Indian Creek" its pro
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.OrF!CZ OP C11TY -ATTORNEY--1130 WA3N)HGTON Ay"Nu;--MIA"Ai BEACH, FLORIDA 33139
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rata share of such supply as is available.
SECTION II
QUALITY OF ;,,TATER. All water delivered by Miami Beach
hereunder shall be of good. and potable quality satisfactory
for domestic use and shall have received the salmi treatment
and be of the same quality as that furnished by "Miami
Beach" to consumers in the City of Miami Beach.
SECTION III
POINT OF DELIVERY. The water furnished will be delivered
by "Miami Beach" and will be received by "Indian Creek" at
a point at the westerly end of Stillwater Drive in the City
of Miarfii Beach where there will be maintained a master meter..
All construction costs necessary or required for "Miami
Beach" to perform its obligations hereunder shall be at the
exclusive cost and expense of Indian Creek Village. This
includes a 12" water main from Cleveland Road and Henedor_
Avenue on Biscayne Point to the westerly end of Stillwater
i
Drive.
SECTION IV
WATER PRESSURE. The water furnished by "Miami Beach"
hereunder shall be delivered to "Indian Creek" at the point
of delivery at the pressure which "Miami Beach" endeavors
to maintain at such point of delivery for the purpose of
rendering adequate water service in the City of Miami
Beach. It shall be the obligation and duty of Indian Creek
Village to carry the water at its own expense from the point
of delivery to the places of ultimate use_
Indian Creek Village shall not operate or permit
to be operated, on any of the. water lines served through
said master meter, any additional pump o pumping device,
without the written permission of said City of Miami Beach.
SLCTTON `T
RATE TO BE PAID MONTHLY BY INDIAN CREEK VILLAGE. Indian
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WFI Ct Of C= A; WtNV--1130 WA:5H1NGT0N AVENU$--PA}AMI BEACH, FLORIDA 33139
Creek Village shall pay to the City of Miami Beach
twenty-five cents ($0.25) for each thousand gallons
used through the master meter at the point of delivery.
The bills will be issued on the 10th day of each month,
and will be payable on or before the 20th day of the
month in which the bill was issued. The bills are
subject to a 5% late charge if paid after the 20th of
the month in which the bills are issued.
SECTION VI
RATES TO BE CHARGED TO INDIAN CREEK VILLAGE. It is
further agreed by Indian Creek Village that the rate
charged by Indian Creek Village to - its consumers shall
at no time be less than the rate charged by the City of
Miami Beach to its non-governmental consumers. That the
City of Miami Beach shall notify Indian Creek Village of
any change in water rates to non-governmental consumers
at least sixty (60) days prior to any rate change.
It is further agreed that this contract may be
terminated by either party by giving six (6) months notice
thereof to the other in writing.
IN WITNESS WHEREOF, the parties hereto have
caused this instrument and an exact duplicate hereof to .be
executed in their names and their corporate seals affixed
hereto and to said duplicate by their respective. officers
thereunto duly authorized, all as of the day and year
hereinbefore first above written.
CITY OF MIAMI BEACH
By
Mayor
ATTEST
City Clerk-.Finance Director
IND1 AN CREEK VILLAG
B
Y
Mayor
AATES •
fit/
Town Clerk
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t 0MC2 Or +CIT7 ATTOINV1--9330 WASHINGTON AVENUE--M)AMI MACH, FLORIDA 33139
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