HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-057Temp. Reso. #10635
February 7, 2005 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005 .5-1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A FIRST AMENDMENT TO THE WATER AND
SEWER DEVELOPER'S AGREEMENT WITH TAMARAC
HOTELS, INC., FOR THE MAINSTAY SUITES PROJECT,
LOCATED AT 8301 WEST COMMERCIAL BOULEVARD,
REQUIRING AN ADDITIONAL 27.3 ERC'S FOR WATER AND
27.3 ERC'S FOR SEWER ESTABLISHING ADDITIONAL
CONTRIBUTION CHARGES IN THE AMOUNT OF
$87,360.00; AUTHORIZING AND DIRECTING THE CITY
CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC
RECORDS OF BROWARD COUNTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Tamarac Hotels, Inc., is the owner of the Mainstay Suites Project
located 8301 West Commercial Boulevard (attached hereto in map form as "Exhibit 1); and
WHEREAS, Tamarac Hotels, Inc., wishes to create a First Amendment to the Water
and Sewer Developer's Agreement to provide for an additional 27.3 ERC's of water and
27.3 ERC's of sewer and requiring the payment of additional contribution charges in the
amount of $87,360.00; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Director of Utilities that this First Amendment to the Water and Sewer Developer's
Agreement between the City of Tamarac and Tamarac Hotels, Inc., for the Mainstay Suites
Project be approved and executed; and
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Temp. Reso. #10635
February 7, 2005 2
\WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to accept and execute a First Amendment to the Water and
Sewer Developer's Agreement, providing for an additional 27.3 ERC's of water and 27.3
ERGS of sewer and requiring the payment of additional contribution charges in the amount
of $87,360.00 for the Mainstay Suites Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
SECTION 2: The appropriate City Officials are hereby authorized to accept
and execute a First Amendment to the Water and Sewer Developer's Agreement (attached
hereto as "Exhibit 2") with Tamarac Hotels, Inc., providing for an additional 27.3 ERC's of
water and 27.3 ERC's of sewer and requiring the payment of additional contribution
charges in the amount of $87,360.00.
SECTION 3: The City Clerk is hereby authorized and directed to record said
agreement in the Public Records of Broward County,
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
I
Temp. Reso. #10635
February 7, 2005 3
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13th day of April, 2005.
JOE SCHREIBER
MAYOR
ATTEST:
JRECORD OF COMMISSION VOTE:
MARtON SWENSON, CMC MAYOR SCHREIBER /Kte-
CITY CLERK DIST 1: COMM. PORTNEk I (f
DIST2: V/MTALABISCO
DIST 3: COMM. SULTANOF
DIST4: COMM.ROBERTS A-,'fe—
I HEREBY CERTIFY that
I have approved this
RESOLUTION as N5 fkm.
MITCHELL S*RAF
CITY ATTORNEY
IEDIDTM
I
Teinp. Reso. JVo. 10635
CITY OF TAMARAC Scale. N-T-S N
PUBUC WORKS DEPARTMENT
ENGINEERING DIMON SHEET 1 OF 1
W E
s
I st Amendment to the Water and Sewer
Developer's Agreement
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MAINST" SUITES
EXHIBIT I
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
SEC. 9, TWP. 49, RGE. 41
Exhibit "2"
FIRST AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Mainstay Suites (formerly Comfort Suites)
(Name of Development)
This AMENDMENT TO AGREEMENT, made and entered into and between the
City of Tamarac, 7525 Northwest 88 th Avenue, Tamarac, Florida 33321, hereafter call
"CITY" and Tamarac Hotels, Inc., having an address at 8301 W. Commercial Boulevard,
Tamarac. FL 3321. hereinafter called "DEVELOPER"
WITNESSETH:
WHEREAS, CITY and DEVELOPER entered into a Water and Sewer
Developer's Agreement for the property described in Exhibit "A" attached hereto and
made a part of on December 13, 2000, said agreement recorded on O.R. Book 31208
Page 794 of the Public Records of Broward County, and;
WHEREAS, the parties desire to modify certain terms contained in that
Agreement.
NOW, THEREFORE, in consideration of the mutual covenant and undertakings
of the parties hereto and other good and valuable considerations, the parties hereto
covenant and agree as follows:
1 . Part 11 (H) of the Developer's Agreement is amended to read as follows:
CONTRIBUTION (WATER)
ORIGINAL CONTRIBUTION:
16 Non -Residential ERC's @ $1,400.00 Per ERC = 122,400.00
FIRST AMENDMENT CONTRIBUTION:
27.3 Non -Residential ERC's @ $1,400.00 Per ERC = $38,220.00
SUBTOTALS: ERC'S = 43.3 WATER CIAC FEE = $60,620.00
981208 Amendment to Water and Sewer
Developer's Agreement
CONTRIBUTION (SEWER)
ORIGINAL CONTRIBUTION:
16 Non -Residential ERC's @ $1,800-00 Per ERC = $28,800.00
FIRST AMENDMENT CONTRIBUTION:
27.3 Non -Residential ERC's @ $1,800.00 Per ERC = $49,140.00
SUBTOTALS: ERC'S = 43.3 WATER CIAC FEE = $77,940.00
TOTAL CIAC FEE = $138,560.00
2. Part III (A) of the Developer's Agreement is amended to read as follows:
PART 111. CITY'S OBLIGATION
A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS
When, at no cost to CITY, (1) the water distribution and sewage collection
systems have been satisfactorily installed, inspected, tested and approved and certified
in writing by the DEVELOPER'S engineer, together with the Director of Utilities, or his
authorized representative; and (2) when DEVELOPER has satisfied the conditions of
this AGREEMENT, then CITY shall thereafter maintain the water distribution system
and sewage collection system up to and within granted easements upon
DEVELOPER's PROPERTY. However, the CITY will only be responsible for the
maintenance of the sewer collection system from manhole to manhole and up to the first
cleanout of the service lateral within the granted easements and the CITY will only be
responsible for the maintenance of the water distribution up to the meter, fire hydrant, or
fireline service within the granted easements. The obligation of the CITY to furnish
water and/or sewer service other than construction water shall not arise until
DEVELOPER has completed the conditions contained in this paragraph. The CITY
shall reserve 43.3 ERC's of water service and 43.3 ERC's of sewage treatment plant
capacity for DEVELOPER.
3. All other provisions of the Developer's Agreement are hereby ratified.
4. This amendment shall become effective on the latest date of execution by a party
hereto.
981208 2 Amendment to Water and Sewer
Developer's Agreement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
Matrion-SWenimn, CIVIC
tity Clg-"rk--
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRAN EE
7c
Bv:
Jo hreiber
Mayor
[Wte: 4pru ia, aoo-5'
117a
Jeffrey iL i Kli �e�
City Manager
Appilov4d as
itchell'S� Ki
tv Attornev
COUNTYOFgawor'd : I/
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
4crSchreiba andjeWeilMilleo' to me known to be the person(s) described in and
who executed the foreg6ing instrument and :ffie W acknowledged before me and
under oath that executed the same. 'J
: SS
WITNESS my hand and official seal this 13 day of �tQ ri
20tS. I
(V/ '
Personally known to me, or
Produced identification
NO RY PUBMT -State orFlorida
at Large W Marion Serphos
My Commission DD2WV9
Expires October 24,2007
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
DID take an oath, or ( vj"DID NOT take an oath
981208 3 Amendment to Water and Sewer
Developees Agreement
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By:
Type Name s>
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
M
COUNTY OF
OWNER
B y:
Type Name
Pres,ijdent
,� �
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared L)) L -i P N �Tu to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that [4e,. executed the same.
WITNESS my hand and official seal this ,1!3 day of jO4,e,
20 Oq.
DALLAL A, ALEXANDER
*'-'s! MY COMMISSION# DO 196703
EXPIRES: March 25, 2007
anded Thru Notary Public Underwritem
( ) Personally known to me, or
( \4Produced Identification
NoTA-ky PUBLIC, State of Florida
at Large
IA�al, /d P& a 4,�" -
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
fir+%�. r3Vv-,1W-6PQ33-d
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
981208 4 Amendment to Water and Sewer
Developer's Agreement
07/06/2004 07:59 9548741818 SLEEP INN PAGE 02
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above wriften. A .
ATTEST.* MORTGAGEE(
By:
By: � - �_// ;a
Type Name West Hipp Type Narne. tj 1'QA4-M 1 :2 . TI"
Corporate siEFeii-ryVice Pres/Landmark E-z-nViLL�resident/Z-APMRIA1W j5A7UKtpP.
11L I
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF cvg —.,.
I HEREBY CERTIFY -that on this day, before me, an Officer duly authorized In
the State afqreq9Idjndd in the qounty aforesaid to take acknowledgmentst personally
appeared to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that _ kj�L executed the same.
WITNESS my hand and ofricial seal this Q_q day of y2*4
20P�_.
DAULA.AUKOW
My COMMISSION # DD 196703
1 1 : (Z
VMS, Nktmh go, R(*r
)Orj
DmolidTitu Notary pijuig WdwNtom
(k/Personally known to me, or
( ) Produced1dentificAtion
7
NOURY PU C, tiate of Florida
at Large
(Name of Notary Public; P(Int, Stamp,
or type as Commissioned)
Type of 1. D, Produced
( ) DID take and oath, or ( ) DID NOT tekc an oath.
Amendment to Water and Sawor
DMIOP&M AQreernent
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
A --
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
N&V
COUNTY OF
MORTGAGEE ( AppiIlicable)
� 14
By: _ 4�4 611
1
Type Name . - j"&a
Vll��resident A7MAIA-Aiz 15A;iiio K t tj � ilil -
74 V1
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State afor
�reqai jndin the ounty aforesaid to take acknowledgments, personally
appeared MIC.LjQ 15 to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that Ae, executed the same.
WITNESS my hand and official seal this day of
20j2�_.
Q- - 1
DALLAL A. ALEXANDER
My COMMISSION # DD 196703
EXPIRES: March 25, 2007
80nd0d Thru Notary Public Underwdjqrs
(k/�Personally known to me, or
( ) Produced Identification
ted
Z14d �- &0=,z=
NOTARY PUBt1C, 45tate of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or ( ) DID NOT take an oath.
981208 5 Amendment to Water and Sewer
Developer's Agreement
I WC I --I Ill d I]
1ST AMENDMANET TO THE WATER AND SEWER DEVELOPER'S AGREEMENT
DEVELOPMENT: MAINSTAY SUITES AKA COMFORT SUITES)
ORIGINAL METER SCHEDULE
USAGE
NO. OF
METERS
METER
SIZE
# OF ERC'S
WATER
CIAC FEES
SEWER
CIAC FEES
WATER
SEWER
Bldg #1
2
2
16
16
22,400.00
28,800�00
IST AMENDMENT METER SCHEDULE
USAGE
NO. OF
METERS
METER
SIZE.
# OF ERCS
WATER
CIAC FEES
SEWER
CIAC FEES
WATER
SEWER
Bldg #2
1
2
27.3
27.3
38,220.00
49,140.00
TOTAL ERC'S OF AMENDMENT (Water) 27.3 (Sewer) 27.3
TOTAL AMOUNT DUE: $87,360.00
TOTAL COMBINED ERC'S (Water) 43.3 (Sewer) 43.3
TOTAL AMOUNT CIAC FEES PAID AFTER AMENDMENT: $138,560.00
981208 6 Mainstay Amend WSDA.doc
THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
2- AT 4" DIAMETER
AT 6" DIAMETER
AT 8" DIAMETER
AT DIAMETER
SERVED BY WASTEWATER PUMP STATION NO, 16
47.3 ERC'S 2.01 SITE ACRES = 23-53 ERC'S/SITE ACRE
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED
ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA
BUILDING CODE FOR THE INTENDED USE.
M;_
TYPE NAME
981208 6 Mainstay Amend WSDA.doc
Exhibit "A"
Temp. Reso No. 10635
I
on K 32M Ps 0820
Temp. Reso. #9220
November 17, 2000 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- -3 -_'/0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A WATER AND SEWER DEVELOPEWS
AGREEMENT WITH TAMARAC HOTEL, INC-, FOR THE
COMFORT SUITES PROJECT LOCATED ON THE NORTH
SIDE OF COMMERCIAL BOULEVARD BETWEEN NW 82NO
AVENUE AND NW Se TERRACE FOR ONE NON-
RESIDENTIAL WATER AND SEWER BUILDING
CONNECTION AND ONE DUMPSTER CONNECTION
REQUIRING 16 ERC'S FOR WATER AND 17 ERC!S FOR
SEWER; REQUIRING THE PAYMENT OF $53,000.00 IN
CIAC FEES; AUTHORIZING AND DIRECTING THE CITY
CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC
RECORDS OF BROWARD COUNTY; PROVIDING FOR
CONFLICTS: PROVIDING FOR SEVERABILITY; AND
PROVIDING EQRAN EFFgCTIVE DAT .
WHEREAS, the developer, Tamarac Hotel, Inc., is constructing one non-
residential unit for the Comfort Suites Project located on the north side of ComnvvcIal
Boulevard between NW 82" Avenue and NW 84" TenwA (a copy of which is attached
hereto in map form as "Exhibit I I in acoordance wfth the Site Plan to be approved by
the City Cornmission; and
WHEREAS, the developer has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the Comfort Suites Prolecl� as required by Code
Sections 10-121 (d), 10-1 22(f) and 10-1 23(a); and
WHEREAS, the Water and Sewer Developer's Agreement requires the purchase
of 16 ERC'8 for water and 17 ERC's for sewer for a combined CIAC fee of 1.13,000.01)
as required by Resolution No. R-98-136: and
on w nm re 0821 Tov. Room SWO
Novernber 17. 20M 2
WMEREAS, It is the nx:onwriendstion of the Director of Litilifin that the Water
and Sewer DeveloWs Agreement be approved, executed and the psymat of to
CLAC fm required for the Conifcd Subs Prqjed be accepted; and
WHEREAS, the City Con"hNsion Of #0 City of Twnwac. Florida dw" it im 90
beg interest of the ckizens and resklents or the City of Tarnerw to accW wxl execute
a VV*w and Sewer Dw~s Agrownent with Tarnafvc Hotel, Inc., for the C*mlkxt
sufts Projea
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
EMM J'* The ikx%9ohv VMEREASw dauses are hemby rallilled. wed
as beft true and owmet and we hereby made a qmxMc part of this
retokWon.
scow and execute a V*AK and Sew OeveMW* Aweernent (a copy of which Is
aftchW hK4ft as 4Exhft 2*) with Twnwsc Hotel, Inc., for the Conliort Suites Project
boated on the north side of Convaeroiel Boullevard between NW W Avenue and NW
W Tensce and collect the conlrbudw charW in the armunt of $53,000-00.
NT77-7
said "reoffmont In the Public Records of Browerd County.
SEC]M 4: An resokffions or parts of resolutio;w in corwW hennWIh am
hereby nM)Galed to the extent of such conflict.
I
= w 31M ra 002
Tamp. R000. SO=
November 17,2000 3
If any clause, section, other pad or application of dft
Resokffion Is hold by any court of compotent jurWiction to be unconsftffionsl or
invalM, in part or appkation, it " not afbd the validity of the remakft porftw or
applkadons of this Resokition.
W,=N 6: This RoWu*m OW become effective wamedWely upon Its
pass"s and adoption.
PASSED, ADOPTED AND APPROVED this 130 day of December, 2000.
12
MAYOR
ATTEST:
MAAMO S SON, CMC
CITY CLERK
CERTIFY Owt I
CITY ATTORNEY
I Rft"
rjww Cw COMMNOM Von
MAYOR SCHMORM --
wt I.. COWL PoffrNwwa
COT a COMM. M*HM
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EXHIBIT 1
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Exhibit "A"
Temp. Reso. No. 10635
]ISM * IM74SM
(0 K 31M PS OM
MIMI OUMMI 1112 IN
cwa�
*M'V am
Either pgrl or all of jhI*
doc,,~t subonAted I -Of racorevag is
FOR: Comfort Suites not 0183r AinVor 109ij)j, a, time
(Name of DMMIOWTHM0 of recording I., 'Magloll P5rP090z
GENERAL LOCATION: 8301 commercial Blvd.
THIS AGREEMENT efftK06 thl8-,LJZ&dW at
made and enWW Into by and b"~:
The CITY OF TAMARAC, at 7525 Nordwmt 88'fA AvOntm, Twmw'ft
F"a 33321, 8 muniCiPsl 00"ndjon of the State of FWkM- h6"b2f*r
called OCI'rr
And
zamArac -houliL ILIC,
At g201 N-EMAIM Hwy Xort Lail doxila Is,
h"naftr called NDEVELOPEF;r.
And
a I-nc.
At 2201 North.Federal H Ft.Lauderda'--VT- 'AA305
heiih-011W Called *OMEW- DEFERREDITEM
Return Document
W I T N E 3 8 E T H Business Operations
WHEREAS, CrTy is the w&mw and opermW of a wow teabwd PINK tQ10"
with wate, dwnxftn and sewagg collection %dKm kwwn as -rAmARAr- uTILITIEs
WATER AND SEVVER SYSTEW; and
WHEREAS. DEVELOPER am or OmWs ceirtain r" PmPKV in arowwd
County, FWMS as shown wW desatled in Exhbk W WbwW hweW OW m8ft 8 PWt
of hefsot and all rg%Mnoes made In this AGREEMENT to PROPERTY shall MW
specifimlly to DEVELOPEffs PROPERTY desalmd in Exh1* NK attached; Old 2-.V
CITy Of TMAAPAC K'gj
7525 N. W- SS AWNUE _3 7 - 0 0
TAMARAC, FLORIDA 3MI
981206 city Clem DOPL V"Or WW swmt AWMM"
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WHEREAS. DEVELOPER and OWNER desire to Procure Water 801101010 Or
sewage disposal service or both from the CITY for the PROPERTY; wid
WHEREAS. the parties desire to enter into an AGREEMENT selft IbM the
mutual understandirMs and undertaldrigs regarding #w Wmistft of said water and
sewer services lbr Me PROPERTY, and
WHEREAS. fft AGREEMENT and all stipulations; and covergints made herein
are acknowledged to be subjed to the approval or every County. Regional. SIM& and
Federal regulatory agency having jurisdiction if the subject notter of this AGREBMENT' .
and
WHEREAS. CITY has received PF00f Of Payment by DEVELOPER Of any Portion
of Con��In-A"-Construcfion charges owed to thkd parties. and which is
attached as Exhibit 413"; and
WHEREAS, the City Commission has approved this AGREEMENT and has
authorized the proper city oftals to execute this AGREEMENT by motion passed at 8
regular City Commission rimm" on /-9 'Jaltr
NOW, THEREFORE, in consideration of the mutual covenants and undertaldngs
of CITY and DEVELOPER and oftw good and valuable considerations. thos" Parffm
covenant and agree with each o#w as follows'
PART 1. DEFINI'TIONS
A. The term DEVELOPER 81`011 feW tO the COnbacibW P=V in this
AGREEMENT who has an ownership Interest in the PROPERTY. Is OW 11119100 108
simple? X YES or _NO. If no. then lhe nature of the intemd is best described
as If DEVELOPER is not 00 OV012lk then 00
OWNER John in this AGREEMENT and agrees to be jointly arW squenilly lable ft to
responsibilitles of the DEVELOPER enumerated in this AGREEMENT.
B. The term EQUIVALENT RESIDENTIAL CONNECTION. rehmW 10 in this
AGREEMENT as ERC, is the assumed average daily flow of a d6t0ch0d 18111161110-ft1dy
residential unk
r C. The term PROPERTY, refem to the real piqierty descibed in EA" -X
attached to and Incorporated into this AGREEMENT.
D. The term GUARANTEED REVENUE efe- to a fee Pab by DEVELOPER b
defray to cost to crTy of nmk**ft reserve water and wwor syswm- 'Ths
GUARANTEED REVENUE is equal to the 8PPk2bI8 monthly ww'w wa'Aft cim"le
for water and sewer service.
981me 2 VMkWW4S=W0W*PWSAr"M*
PART It. DEVELOPEWS OMJGATHM
W K 32M rs am
"I
1. DEVELOPEP, at his expense and at no expense to the C11TY. dal
design, construct and WwW all necessairy water di*ibu§On OW NO' : 0 c0ilecdon
lines, over, through, under, acioss and past the PROPERTY in accordance with PUPS.
specifications and engirwering data as submWed by a Fk0ft n39118110f6d sngkww tD be
approved by the appropriate governmental regulato(Y agencies 0"d bY 90 ObsclOr of
Utilities, or hMm authorized represer"tive-. and said waW dist&tdlon SEW 90w"P
collection Ones shall be irntalled and connected to Cffys existing wader dh*ft&m OW
sewage conectiort lines, all of which work shall be Paid for by the DEVELOPER-
2. AN installatiorts shall be installed at DEVELOPEIrs exlp P in l and
shall include, without UrnitatiOn, SM gr*vi(YfOw mains, f0mmai"sl Pump stod" OWIlt
stations required for the furnisift of service to the PROPERTY. At the time or
submission of ft plans, specffications and engkvwWg data by DEVELOPER to the
Director of Witles, IF THIS AGREEMENT IS FOR (10) Oft MORE ERCS,
DEVELOPER, shall pay to CITY a Plan Review Fee of $750.00 (to be paid am d"
only). Said Plan Review Fee is to compensate C17Y for Ctlys expense in having said
plans, specitications and engineering data reviewed by the DWeckNr of Utilities or his
authorized representative.
3. Meter shall be INSTALLED BY CITY. No mew shall be femoved,
moved, bypassed, or aftered in any way except by the CITY. Volation of oft paragraph
may result in a penalty of up to $500.00, declaratim Of this AGREEMiENT tO be in
default, or both. The irnposiftn of a penalty shall be at the sole discrebort of the CITY's
City Manager or hWher designee.
4. Non-rneterW use of City water or use of water 1kom *a hydrants
may result in a penalty of up to $500.00, declaration of this AGREEW84T to be in
deftult. or both. The knposklon of a pengft shall be of the sole disaMbOn Of the Cffy%
City Manager or h1s1her designee.
B. INSE!MQN AN12 Miff"SION RY DEMEWEERMNIUM
DEVELOPER "A. at his expense, wW at no expel" to *0 CJTY. fetain
the wrvices of a regWWW prohnsional engInear for to pulposes of pooviding
n6cessary Inspection end supervision of the construction w0d( 10 km" OW
construction is at all tirnes In compligmce with accepted swdtwy engineeft practices
and in compliance with the approved plans and . j"r 0 1, - -a. DEVELOPER shA
notify CITY in writing of such appoirdment. A copy of each field report dW be
submitted to On Director of UtilltieW authorized pmentadve. Should two be cause
or reason for the DEVELOPER to engage the services Of 8 169WOORW 6110ineer (~
than the design engineer) for inspections, then DEVELOPER shall notify the CfTy
within five (5) days of such engagement.
981208 3 vmw&W5mw0@--d00 1 1-6 1
as K 33M 1116 am
The DEVELOPEFrs Engkmw of Record shall prepare 0A:s43uW dravilings
of all construction. -
DEVELOPER and its Contractor shall anange kw and hold a
pr000nstruction meeting with do Director of UMM or hisew audwrized
representative. Notiftation of said meeting shal be nude in WAft and received by all!
parties seventy-two hours In advance of said meeting. The rneefing sW be held at
least iwenty-four (24) tours pdor to sUrt of each phase of construdion. An Enghmmh
Permit, payment of engineering fees and bonding based an a Cartilled Cost EsUmMe.
prepared by DEVELOPERs reghlered engineer, shall be mquimd prior to any
construction.
41
The work to be pwfbnvwd by DEVELOPER. as provitled in this
AGREEMENT shall not commence urd oil plans and owmIng go work
to be performed are approved in writing by the Director of Uffides or his aulhorized
representative. Approved plans and permits must be an site at All times.
E;1:4.11 &N&f *-I
During construction and at the time when Pffbft kwPGdJmu Sm
required, the Director of Utilities or hisiber authortzed -- awn doll be present
and DEVELOPER's engineer shall be present to observe and wkw" Wds for
determination of conformance to approved PWM and The CAYS
Engineeft Inspector shall be on site at al times during sardtmry WOW 111""11118ftL and
notified before any water Ones am Installed. Arry work perfornted beY01XI 00 CRY Of
Tamarac Inspector's normal working tours 7:30 am. to 4:00 p-m. L40nd&Y SWOUgh
Friday) must be inspected. The cost of inspection cOnduclOd bY 00 C37Y WSPOcku's
beyond normal woddng hours will be paid by the DEVELOPER kx6xft over&m at the
rate In ~ at the time of hm"ction. The CITY resentes tw OgM to (§Mc@Y kwOks
the contractor, developer and/or owner 1br the cosW of inspedWo by UUft DOPSIFUTIalt
personnel that are requested or required to occur ouftWe nonnal work days mW Wok
hours.
The work to be perlbm-ad by DEVELOPER. FxWxWd to 1110 POWWOM ad
forth herein, shall be In accordance with all - of on regulaWy agendas
which have jurisdiction over the subjed nmwttwer of this AGREELIIENT = vml as al
applicable Federal and State StatUtft, COU"tY OW CITY Ofdkmlcs& 110 MqW=1xWd$
of this paragraph shall govern, regardless of any effors or omissions in 00 "VrOvGd
plans or spectfications.
9612M 4 VMWWWZWAWow*P2ftAWWMW
rc�'= M91VA11,11
DEVELOPER shall, at ft own expense and at no expense to Ow CITY.
furnish to the CITY one (1) cornp;ete set of AutoCAD cognpauble On an Ask. one (1)
complete set of reproducible mylar and tiNo sels of prints of AwBuilt d—ra—w-dini—P Prepared
by a Florida registered engkmw who designed dw waW distribution and seow VidaMS
or by any other engineer retained by the DEVELOPER The As4kdt dramings sliall be
approved by the Director of Utilities! autluxtred presentative. As-BuR drawings Shall
be certilied and sealed by to DEVELOPER79 engineer showing all pertinent WOMMOtiOn
as to all mains. services and appurtenances bekxVing 10, and 908 PH 9 111*
distribution and sewage cojecdcm syskwns and servim tines as coristru it P I in 90 IieIL
As-Buift drawings shall also be sealed by a FkxMa nM*kW0d =XV8Y0Ir as 10 Ow =*W
locations of all surface features Of th658 sYskm, easements and right Of wa" Whkh
are part or adjacent to the property and shall include all paving and dmkmqe facilitias
constructed in conjunction with the water and sewage facilities.
a it; *4 tlejzll�?Xi� I#", It4=19,71 VIII lkl':�Fkq kq�A ti:40
The contribubon charges Qwth water and sewer) WuN be calcutaled
according to rates set by ReWuWn Of the CitY Commission.
The contribution charge shag be computed based ulm the
DEVELOPERs representation on the approved final site plan for the PROPERTY. A
copy of said plan shall be reduced to SW x I I* and attached to Oft AGREEMENT 88
Exhibit 'C'. Exhibit 'Do is attached to this AGREEMENT and shall i - A 0- dw number
of buildings to be buift. number of residential, rm-residendal amid accessoly units and
ERC's per building and to numbw of meters and mew sims. The DEVEI-OPEFrs
engineer of record will also supply to the CITY, meter cskuWkm on sA noin4esidential
meters based on the South Flodida Building Code tables 461. 46J and 460 for nvftr
sizes,
Payment of the contribution charges is a condition precedent to 11w execution of #6
AGREEMENT. The PaWr"d Of the cOntribullOn C1109m sh" be 11 in accordance
with the applicable sections of the City Code.
The contribution charges applicable for this AGREEMENT are sumffwtwd as b"w-
Residential #—Units X _ ERC`9 Per Unit 0 SIA". PerERC
Non-Resklentlal* ifi _ERC'*4M$1AW-00PerERC
Total ERCs i r, (WATER) Total CorAdbudon S fln-Aft
9812M 5 VMw=d&0WDWM0P*ft*V=0"
an W 31M pra am
Residential # _Ur(ds X _ ERCs Per Unit 0 JtNK-A Per ERC
Non-Residentl8l # -- i z -- ERCs 0 SL PerERC
Total ERCs 17 (SevWR)- T0tWCa*ibu6m$30,600.00_
1. DEVELOPER shall P8Y tO d* City, GUARAWEED REVENLIES
when due, at the is in ~ when due, as Ulm *arn W" fa bm
GUARANTEED REVENUE is equal to the nlkknum Service sva'Mft dwMe for wWb@r
and sewer service. GUARANTEED REVENUES are due and P"ab mm**-
2. The PWMM Of GUARANTEED REVENUES M*'Md by Ufa
AGREEMENT shall commence six (6) rnonths after the parmt of CIAC Few Plat for
the property been reowded with Broward CountY x YES NO. If NO.
then GUARANTEED REVENUES cOm"OnOe One (1) Veaf afler the efttive date of Oft
AGREEMENT. GUARANTEED REVENUES shall be due fbr all UNITSEWS
assigned to the PROPERTY unless otherwise specified by #ft AGREEMENT.
3. GUARANTEED REVENUE, if lnitlaWd shall no WW WcruG for a
unit when mebwed vmter and sewer service is established at 0 particubr bLdWV WW
the required custorrw deposits are paid to the CITY. However. V accounb WO open in
the DEVELOPER's name and closed witluM a new McOwd b6ft establig"d- am
GUARAMED REVENUES shall resurne.
4. The parties acknowledge ow GUARANTEED REVENUE paynumb
made by the DEVELOPER Shall be considered as revemW (kK%M).
5. In accordance with Section 22-120 (b) of on Tanww CRY Codej
#we are sanctions or penalfts IW MO CItY can emwdw us a F"* c' wWM
guaranteed rmienues. kwkWkV Wered pwa%n at a rate esWbbhad by reeaWdon of
the city Cwwnisslon.
a. Unpaid Guanutmd Revenues we sd*d tO annual k*mW rabs
as established by city coffwnisslon.
In addition to al other dftmftw Of this AC4tEEMENT- DEVELWER
may be required by the CITY to make to to CffY'S water NW W~
systems because of the devokweWs kr4md on de systalm- Mo Inumcations we
9612M a VMW=W9MWDwW*&ftAv
31an rG am
set forth in Exhibit NEN and #W shall be PsdOmwd by DEVELOPER Prior 10 the
issuance of the first CerfifiCaW Of Occupancy, unbms p"Jed in Oft AGREEIME14T.
9.01TT", WN71111 2 111111:9411111 A159110934101A i1#4-1kil I
I - ff any payment of GUARANTEED REVENUES required by Itis
AGREEMENT Is more than fifteen V 5) days late, the CITY shad send the DeWLOPER
a notice of delinquency by prepaid certified mal, and fWkwe of the DEVELOPER to
make to required payment in full within seven (7) days of the daft shown an the notice
shall constitute a default by the DEVELOPER.
2. Other than required payment of WARANTEED REVENUES, ff any
act required by this AGREEMENT Is not tirnelY � �, � i.p lished or If any ad prahlMed by
this AGREEMENT Is done, then this AGREEMENT sW be in delatAL Notice Of d0ftwk
and the grounds for defauft shall be sent to #0 DEVELOPER by the CffY as pmvWed
in Part V1 of this AGREEMENT.
Tati U10-ft 11
Should DEVELOPER be in default of this AGREEMENT- it Is agreed #0
the CITY shall have the right to exercise One Or more Of the fOWMng sanctions or
penalties:
1. Any reserved plant ca;mcity under this AGREEMENT may be
rescinded and forfeited.
2. The site plant for the PROPERTY is vokkWAS by R6sOkdjOn OF *0
City Commission.
3. No final inspection shall be WrOved by Crry-
4. No Certificate of Occupancy stud be Issued by CITY for =1Y Unit On
the PROPERTY.
r). Ttwe shall be an k*NW penaRy equal 110 the mw*mxn nft
allowed by Florida State Law on any payments due to CITY *0M DEVELOPER **"
are not paid. The penalty, when applicable. shall accrue fhNn 910 due 41819 Of Paynwt
as provided in Oft AGREEMENT.
V e. The CITY shall be enow to Ron the PROPERTY and **eckme
lien In satisfaction of any payments due under *W AGREEMENT.
7. CITY shall be anItled to any other remedy at kw and IMUm tO
exercise zW remedy shall not constitute a waiver of said rerrtedy-
9612M 7 WSWWW 8wwVwWWW'1zAWWWW&
an = 31M PrA 11=
M, MI9QF.LL6N9QUS 6091TIONAL QRLI9ABQN§-QE 99WADEER
Prior to acceptance of the work required to be done. DEVELOPER shall.
without cost to CITY:
1 . Convey to CITY and its successors and asson. by good and
sufficient exclusive easenmt deed, in a form saddectory to CITY. a perpidual FWk
easernent and Privilege to operate. maintain. repair Or replace SA water OW sower
mains. pipes, connections, pumps and misters within granted easements upon
DEVELOPER's PROPERTY in connection with supplykV water and sewer service lo
the Inhabitants, occuparft and customers in DEVELOPEffs PROPERTY and secure
from each mortgage and lienor a re4ease of nxxtgageiW and benors! Interest in the
easement and fbdures thereon for so " as the easemerd Is used for the operal1ion.
maintenance, repair or replacement of water and sewer mains, pipes. connections,
pumps and meters within the easements. Easements shall be a minimum of 20' wide
for sewer and 15' wide for water.
2. Transfer to CITY by BILL OF SALE ABSOLUTE al DEVELOPER's
right, title and interest In and to all of the water and sewer supply liries, mains, pumps,
connections, pipes, valves, meters and equipment Installed up to an within granted
easements and right-of-way within the PROPERTY and off -eft v I Istallp I
for the purpose of supplying water distribution and sewage collection for DEVELOPERs
PROPERTY.
3. Furnish CITY with an AFFIDAVIT that al Persons, Imis or
corporation who fumished labor or materials used directly or Wirectly in the
prosecution of the wo* required to be perkaned by this AGREEMENT have been paid.
or in the event of a dispute between the DEVELOPER and a cordractor or
subcontractor, furnish CITY with a BOND In the amount in dispute and in a form
acceptable to the CITY.
4. Furnish CITY with a saWackxy surety bond or letter of credit In go
amount of twenty-five percent (25%) of ft cost of Ithe wodc, In a lbrin accephdA& In *0
CITY, guaranteeing all work installed pursuaM to this AGREEMENT agabut d6bcts in
materials, equipment or construction 1br a period of not less than one (1) yew from date
of acceptance of same by CITY.
5. Furnish CITY with T.V. inspection and air tW of the sanilory anver
collection system perkwmed one (1) month before 1-year warranty period eq*e&
6. Install cleanout on consurner's sanitary service in accordance with
current Utility Standard Detail.
981206 8 WWdW&WsftW09WW0P6ftAV-N is
PART 111L CfTrS OBLIGAIION
T
'7703 TKAW 15 1:17,717.21 #
When. at no cost to CITY, (1) the water distribution and SSVMO C018d'M
systems have been satisfactorily installed. insp0CtS`d, tested and WWOVOd =W 'certyled
in writing by the DEVELOPER's engineer. together with the Director of UWj@S. Or
his/her authorized rqpnMntatjve; and (2) when DEVELOPER has se 0 � 6 1 ' #0
condition of this AGREEMENT, then CITY shall d1elveftOr m8k4min " W6'K
distribution system and sewage collection system up to and within granited Oaswwft
upon DEVELOPER's PROPERTY. However, the CITY will only be responsible for Ithe
maintenance of ft sewer collection system from manhole to manhole and up to 1he 111M
cleanout of the service lateral within the granted easements and the CITY will only be
responsible for the maintenance of the water distribution up to the owder. fire hydrant or
fireline service within the granted easements. The obligation of lie CITY to furnish
water and/or sewer service other than construction water shall not arise until
DEVELOPER has completed the conditions contained in.this paragrapik The CITY
shall reserve I is -. ERC's of water service and , 7 ERC s of sewage bvauTient plant
capacity for DEVELOPER.
The CITY has entered Into a *Large User Agreemenir with Broward
County, (the "COUNTY*), in which the COUNTY has aWeed to malob A*= s6WS9e
trestment capacity evellaNO at its regional wastnvater heatrnent pLinL In the event
CITY cannot provide sulficlent capacity, as a result of COUNTYs action, the CITY's
sole obligation shall be to refund DEVELOPER's conbibutioin chargm as described in
this AGREEMENT, for those units 1br which CITY is unable to provide capacity.
provided that DEVELOPER is not in default of this AGREEMENT.
M0017 - =M MG-k-We-10*7551
In the event that the CITY cannot pome mAdot service = a restilt of
the actions of any regulatory agency, then the CnYS $040 obli981IW 8118111 be 10 MbNW
DEVELOPER!s contribution charges as described in this AGREEMENT. RW those units
for which CITY Is unable to provide capacity, provided that DEVELOPER Is not in
default of this AGREEMENT.
9812M 9 VA" ow Smw Dembpoft AV I - I
M W 31208 PC am
PART IV. MUTUAL COVENANTS
it is mutually agreed by and between the parties that ft Pnmd*w c0rdmirlsd at
the beginning of this AGREEMENT are true and correct and in additiort to Itimm it is
mutually oovenanted and agreed. as follows.
NEW,= I. kvi I =1 Z 1.1561 a aw I RyTc
In addition to binding DEVELOPER, 00 Provisiom Of this AGREEMENT
shall run with the land and be binding Upon and buffs to the b8n6ft Of =0000mm in
title to the PROJECT after Oft AGREEMENT tm been recmded in the Pubk Records
of Broward County, Fkx1da. However, any othor or trandw of
DEVELOPER's rights and obligations is prohibited unless:
I . Assignment shall be dorm in writing in the SUN karmILY as dis
AGREEMENT.
2. CITY shall be a party of said assignment and Shall not w0dwid
approval of assignment unreasonably.
3. DEVELOPER shall remain primarily liable to CITY for the terms and
conditions of this AGREEMENT unless essownent Is made in conViance with thin
section. CITY agrees to execute a "satisfaction by assignmeW for DEVELOPER if #"
AGREEMENT Is property assigned.
DEVELOPER agrees to make full disckaffe to any P81tY PIN0199*1111 all or
any part of the PROPERTY encompassed by Oft AGREEMENT 88 10 81 the Wn"s
hereof, and with particular reference to 00 GUARANTEED REVENUES 8d *NM in
Section I of Part 11 h"n-
MINEMEM73
All prior Developer Agreeme#ft or AWewmxft peM*ft 1b 90 914* Of
water and sewer afkc" the PROPERTY are hereby cancelled aw darlive j of no
force and effect upon that PROPERTY wtdch is the sibiect nuftr Of thils
AGREEMENT.
PART V. MUTUAL ADD11TH)NALCOVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS
DEVELOPER
It Is mutually covenanted and agreed by and bebmeen dw parties as fbillOw.
9812M 10 vftm sW 9 - - a r DwAftsft Arsomd
w = 31=1 Pro �
A. EXCLUSB& ELN
CITY shall have the exdwWe right to fumish water service and sewege
collection service to consumers within the PROPERTY wwr8d by #* AGRE8WEW-
DEVELOPER, his successors and assigins. and #0 Owners OW
occupants of buildings on DEVELOPER73 PROPERTY WON not kNW Of nwk*Wn any
water wells except for irr%padon purposes.
MINUMM, ";T
CITY shall have the fight to promulgate *wn Ow tO time M11190nable 'Uhn
and regulations relating to the furnishing of water service and sewage cdkwdm sefvim
to oonsumers within the PROPERTY encompassed by this AGREEMENT- Such rules
and regulations may relate to, but are not limited to. nfts. dsPOsNs and COMM50"
charges and the right to discontinue services under certain corditiom. The WSW mid
sewer rates to be charged by CITY to said customers shall be the raties rmw or
hereafter charged to other customers within the area of service of TAMARAC
UTILITIES WATER AND SEWER SYSTEM. DEVELOPER hereby adknowledges and
agrees that the rates are subject to change at any time by CITY.
OT 11-1-� iL'1;�
CITY shall not be liable or responsible for maintenance Or qPM00not any
pipes, pipelines, valves, fixtures or equipment on any Of the properties Of 1he cust"ars.
consumers or users on DEVELOPER's PROPERTY other than the water main WO
water service lines (from the water main to #0 water mewo arW the sawage collection
system within granted easements to CITY pursuarit ID this AGREEMENT-
E. fiYEEM—QU WHEUMER76 PMROU TO BF- KM 11 Q=
WORKING QQHQMQN
Each consumer of water servioe or sewage coledJon servioe an
DEVELOPER!s PROPERTY shall keep all waiter pipes. swvkO lines kK&sft
cleanouls, connections and necessary fixtures and equipmot On " Pwdm
occupied by said consumer, and within the interior lines of the lot ocuqAed by so
consumer In good order and condition. The sale of water by CITY to the consumier sivill
occur at the consumers skis of the meter but the ob1gation for the maintenancs of the
lines shall be as set forth above and in applicable CITY regulations.
961208 11 ~&Wspjw0rnk*@ftAvWffWd
OR W 31M Pra SIM
Unless otherwise specined in this AGREEMENT. this AGREEMENT d9A
not be binding until fully executed. but Once 6"cull8d, It shag hwe 8 M*Omdiw R ffe
cornmencing from the date of the City ComnlisBiOn nISS" at which it W88 SPPMW-
3=,* 1][7- 11
It is assurned #ad a single family ham on the PROPERTY will be
serviced by a 5/8-inch water meter. If a larger water nuder is needed, then the owner
(whether DEVELOPER, Assignee or Homeowner) will be charged addkkmW
contribution charges which much be paid at the raft prevailing at the *ne Of to
application fbr larger meW for additional ERCs. to accanvow 1 .11 to larger m0w-
M.1off 0=1 0 �-kl �&-Jq
No water from CI'TYs water distibution system shall be ussid or dsbursW
by DEVELOPER or his agerde, thnxqh fire hydnn or wader nwhv�, or by any person,
firm, corporation or agency. public or priveft. unless the Director of WNW he$ fifat
approved the use and the connection, and there has first been ffode adeeltuft
provisions for compensating UTY for such water,
Any temporary cessations or witenuptions of the funvsMW of VA*W and
sewer service to the PROPERTY described herein at any time caused by =W Act Of
God, fires, strikes, casualties, accidents, power failimm. necessary tuali in � 9 1: F wak
breakdowns, damage to equipnwt or nv*n, civil or military audwft rkft or 0111W
cause beyond the control of the CITY shall not constitute a breach of the PnNisiOnS
contained herein nor Impose liability upon the CITY by the DEVELOPER his
successors and assigns.
qllmpl-� :11mC4
if any section. subsection, servience, claum Owsm or porbon of this
I 1"" 6 by arW oourt of
AGREEMENT Is for any reason hold kmld Or - - 01 6
competent jurisdiction such portion shall be deerried a sepwate. MEN A OW
Independent provision and such holding SW not ~ #0 V011ift Of I* vwn*ft
portions herea
This AGREEMENT SW be mofdW by #0 CITY WnOng Vw Putilic,
Records of Broward County. FIOMS, for the P8ftuisr WPOSO Of PIN*V 89 mffwrs or
occupants of properties In DEVELOPERS PROPERTY connwftd 10 Or to be conn8c63d
to said water and sewer system of CITY upon nofiCS Of each and every One Of twe
9812W 12 vieW =w Se� 0mqbW%AW*WM*
02 K 31M PS �
provisions herein contained to the same extent and with the same force and aged as N
said owners and occupants had johied with the parties to Oft AGREEMENT in "
execution thereot. and the acquisition or occupancy of real PROPERTY in
DEVELOPER's PROPERTY conrmxAsd to or to be connected to the said water arm!
sewer systems of CITY shag be deemed conclusive &ddence of the W OW On said
owners or occupants have consented to and accepted the AGREEMENT hemin
contained and have becorne bound thereby.
11111iff,
it is mutually agreed Vmt the crfy sW be held harniiess *orn aW aild all
liability for damages If CnYs obligations under this AGREEMENT cannot be UFAnd as
a result of any ruling or order by mW other or pagulatoW qpwy hw**
jurisdiction over the subiect matter hereof., and In such event, Oft AGREEMENT shall
be null and void and unenforceable by either party regarding that poift Of the
DEVELOPER's PROPERTY for which CITY cannot per0orm, its obligation.
K: F1 �-k-
1 . The purpose of this Section is to PrID1041 the public WOW mWn
against actual or potential cross-connOdkm ;and back-40W by Isola" VAWM ft
promises or Private Property COntamirultiOn Or 1301hitim dW has Occurred Or may occur
because of some undiscovered or unauthorized cross-connedion On *0 p1millw9m Or
private Property.
REEF091-WFIQ
No water service connection Wma be k*tWW or nain4aked
by the CITY unless the public walter main is protected by an
Approved back4low prevention aBsonft as mq*W by
Florida Adminishad a Code 17-22, applicable DEP
regulations, and ;; Section.
b. Any bm*4k)w Kwmftkm 819800W WFiPW h9Wh " be
of a model Vjpe, wW sin approved by to 0109clOr 01 U1111111188
for the City of Tamwac� or tftfiw DOdWw% d"M
accepted praefices and sto -rim rim establiel m A by to
American Water Wodm ASSOCIBUm " AVYWA C 406-718 or
American Society of Sanftary Engineers StOnCiald 1024-
C. Senrice of water to OW promises shall, be deW*d or
discontinued by the CITY 9 a b&*41ow pnriention snenft
required by Oft Section is not properly hatallod, U a 1 a I . OW
mairtained In properly hinctioning conOM or if k Is *wnd
that a required assembly has been nwowed or by-passed.
13 VMK SW BMW 0"AWW* AVSWM*
d. Single Wnily residences shall be protected by a dual d*a
valve, which will be inshMed by a pluimbw an the oudet side
of the meter afkw inslallation of the meter.
e. All services, other than singk4smily reaklences. shall be
protected by an approved reduced press" pdmcip*
assembly or double check valve assembly. as deNWM*Wd by
the Dkidw of Lftlities or his desigrime " based an pkmvwd
water usage within the pwnhm.
f. Reduced pressure principle mW double check valve
assemblies shag be procured and hftW by DEVELOPER.
-in accordance with *0 Standard 884*+10W Pfcven*m
Detail Shoot, which is oval" at dle TOMIw8c Willies
E)epartmefft prior to the installation of the water service
meter.
g. Prior to connection of waW service. *0 back4kM
prevention assembly must be inspected and tested by a
certified testev. if at ft time of tes". the assembly is
found tD be ffwffuncft*g. Ow DEVELOPER will be noUbed
by the CITY and water service will not be provided until such
time as the back -flow prevention assembly does pms
inspection.
h. Annual (or at intervals de1ermined by Director of UtIftiss Or
hisiffier de*nee) inspeclions arid 10813 Of bIIck4l0w
prevention assembly shall be peribmrad by date aNdW
back4low te$W DEVELOPERIMMER nx* have hftb
peftrawd (with results gubaftd to olrector of LWM*) by a
State ceddled back4low tester at DevelapwK>mw eqwnse.
The DEVELOPERK"ER will be F05130=1310 for kmxiM
that propet plumbing permits have been obWnW aid Ibes
paid.
411 �01 I IOU, I
DEVELOPER aclumviedges that PqxwtY dssat)ed in EA" _X A
aW within a Broward County prolecied well field zom of m&mnoe per Broward Counity
Ordinance 84-60 or within an eAWng or proposed wall ftW zone of Wkmwm as
determined by Tamarac Director of Utilities. If properly is within said zone of Irdkienca.
DEVELOPER agress to limit uses of property to #WOO uses jw are allowed by Broward
County Ordinance 84-60 or as it may be amended.
961206 14 VAWWWSftW0NWWWqAW"MUM
DEVELOPER acimmiedges that Browartl Couflty and " CKY Of
Tamarac have ordinances that prohibit discharge or hazardous nueWals bft the
sanitary sewer system. (Broward County Ordinance 8"1 and TaffW= OWkuwm 85-
52). DEVELOPER agrees not to discharge hazardous nuderials kft the smAW sewer
system as defined by Broward County Ordinance 8641 and Tamarac Ordirtarm 85-52
or as they may be amended.
P. VENUE
This agreement shall be governed by the laws of the Shde of Flodda as
now and hereinafter in f1oroe. The venue fbr actions arising out of the AgrOs"160 is
fixed in Broward County, Florida.
PART VI. NOTICE
Whenever either party desires to give notice to the other. it SW be given by
written notice. sent by prepaid certified United States mal, with relun recelpt requested.
addressed to the party for whom it is intended, at the place 3PN*W as " ph" for
giving of notice, which shag remain such until it shall have been chwqW by vnitten
notice in compliance with the provW=s of this paragraph. For dw present the parties
designate the following as the respective places for the giving of notice:
City Manager
7525 Northwest W Avenue
Tamarac, Florida 33321
Tamarac Hotels Inc.
2201 N.Pederal Hwy.,
Ft.Lauderdale, FL 33305
Notice so addressed and sent by prepaid certified maC with return reoW
requested, shall be deemed given when it shag have been so deposited In the Urged
States mail.
IS]
20sx-f-41
? The following wdiibits are attached as part of this AUMOMOt arid we
Incorporated Into this Agreement:
EXHIBIT "A7 - Legal Desa#ftlon and Legal Skekti an an 8-1/2 kxh
by I I inch page of the PROPERTY�
961208 15 VyMKWwS=w0w**a'1xA0ftWWt
an m nm - ps �
EXHIBIT 0130 - Remo ftm third party for a portion of contritmdon
dmrge:
Applic" Not Appkabb x
EXHIBIT aCm - A sketch of the she plan of to PROPERTY mkmmd
to B-1/2 inich by 114nch page shte.
EXHIBIT Ir - A laftV for the PROPERTY bWm*M the madw of
ERVs allocated to each buMv. " motw of
melem per buldInZ the mdw sa*s) and a paynwt
adodule of ptmmft (it applicabb).
EXHIBIT 6E7 - Modiflication of Cff)rs water or sraw %Mn ff
required by the Director of Utilities. N qocabla.
Appk" NotAppftable X
9812M 16 V*W mW 8 1 D4VWWwftA0mmmm*
= m n2a PC OM
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST, I
Byjk&101� kizalk=:�
Marlon &m*mm. CIVIC
City Clerk Deft:
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GR E
B V,
y:
Schrebw
Mayor
Date:
Bv: �V414111-
leff* L4miNer
City Manager
"By:
Knit
COUNTY OF MWAO SS cftqwomey V
I HEREBY CER11FY that on this day. WOL, an ofter duly authorbod In the State
aft"agid and In Vm Couft.. nowledgments, personvily appeared
-'5bW2A dME*jM&JdN to an known to be the person(*) descrbad in and
who executed the tregoing instrumart and :MaY acknowledged before me and
under oath ftt ago - executed tm sam.
VMESS my hand and ofticial seal this 2�—dayof
201-0-,
(tel'Pemon;rAy Wx)wn to no, or
( ) Produced idendlication
NOTA9Y PUBLIC, State Of Fkd"
at Large
i i A
W,tARV?tSWffA1M0F#jX*M
commaww"mcamm
jNarne Of Notary Public: PTK
or Type as Commissiccmd)
Type of I.D. Produced
( )DID take an oath, or (&,-MID NOTtake an oath
9812M 17 ~vWSmwDWW*mftArv=mt
02 M 31M PC 08U
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal an Me day
and year first above written.
ATTEST: DEVELOPER
By:
BY: Qj4 _ I
0��2* fr.= IF, I IC-11 -
LV�011619�1t-jc jt�:j 7-1-11 Af� i
(Corporate Sao
STATE OF FLORIDA
OF'461
: ss
COUNTY
Type Narne
Prookk"It
I HEREBY CER`TIFY #W on this day. before me, an oMoor duly autortzed in to
State eforesakL and County alloresaid to take mcknmIs4Kmft. permonaNy
appeared to nm krwmp/�Jo, be the person(s)
deMbW 111 and wbo executed the 1099oft Irtstrument snd.M-JmKnmm0v0-
bekwe rno and undet oaM that jW oxewW #0 8=0.
WITNESS ffry hand and offidel seal 1his &� - day of
.sw-.�pv -.OL
�XrPersonmfV known to rne, or
( ) Produced kientifbadon
(Nam of RR—wj Pubft PfK StMM.
or " as CommbsbrAid)
TMm of I.D. Pmduced
( ) DID take an oath, or ( ) DID NOT fake an oath.
an W 31M Ps 0812
I. RWR RAW do hereby affirrn #W I SM #0 Presidont
of Tamar-a.%-jjg&8jj Inc.-- — and OW I have exemAmd a VWWW and
Sewer DEVELOPER* Agreernent with the City of Tamarac fbr!qQmf2E& jvi&2*
projedand that I am the owner of On property cw4ered by mid
DEVELOPERS AGREEMENT.
There am no mortgages hold on the property which Is the of said
DEVELOPERS AGREEMENT.
FURTHER AFFIANT
(Signaike)
This Ai day of
STATE OF FLORIDA
I HEREBY CERTIFY VW on fft day, before me, an Officer duly auffxwbmd In
the = -0--old pr#d_ In the County abresald to take personally
. -0
to n-a known, jo be ft person(s)
IPW
described ki—mW who ewx%Aod the fomgoing km*umeM and Ar. oftowleft! A
before rne and under oath #W 11C ---- wmxjbd the sarne.
VIATNESS my hand and official "al this 62 day of 440dg%Y/4�el
AMr_g-bxi
(Nam of Nolary Public: PdK SIXIM.
or type as Commissioned)
A<P"onmlly known to me. or
Produced Idenlillcallon
Type of I.D. Produced
DID We and oath, or DID NOT take an oaft
IN WITNESS -WHEREOF, Owner has hereunto set his hand and seal on the day and
year ftrst above written.
OWNER
By:
TYPO Nwm - -2A 1,10 IM1,21
Preskwd
(Cowate Seel)
STATE OF FLORIDA
COUNTY OF &ff_A*4
I HEREBY CERTIFY that on this day, befbre rm, an OMm duily authortmed In
V% State a In Vm Courity akmW to take admawledgmenft. personally
appeared t* me knowrl to be the persorv(s)
described In &W who vociLded the ftWoft lt*turnent mW ?1��_pcIMMN!edged
beftre nw and undw oath dud wmaited the same.
VMESS my hand and oftial seal this �2 day of A�&lwdmel-'
.'M-4vo
p6op'o'mo""y wwwn to me, or
( ) Pmduced klm 1111 11 -
(Nam of Notery Pulft Mint Stamp,
or " as ComrnW"ied)
Type of I.D. Produced
( ) DID take an oath. or ( ) DID NOT take an oath.
OR M 31M PG OM
EXHIBIT D
DEVELOPMENT----S2tfort suites,
CIAC FEES* I CIAC FEES I MEMS I SM
a
Totals 16 17 22,400.00 30,600.00 - 53,000.00
v
981208 21 Wd"O —A ft� f%"mw&%AOM%
F-X-DwiTr"�:.
—_3_ DUMPSTER(S) CONNECTED TO SEWER
0 1 ERC EACH = -1 ERC'S (SLWER)
TOTAL ERC'S __jA (Water) __.12_ (S"mr)
I
THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4m DIAMETER
AT 8' DIAMETER
AT 8* DIAMETER
AT —DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. 16
12 ERC'S+___2-oi SITEACRESu A.45 ERC'S/SITEACRE
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WOkTER METER& LISTED
ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOVITI -PLGF.UDA
BUILDING CODE FOR THE INTENDED USE.
'0000!;45 A 4 1
BEAL
Susan C. Rol-lind.,
TYPE NAME
gel= 22 VMW OW ftww 0WO*m% Ap"mW
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