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Home My WebLink AboutCity 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 k 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 -';�r'T A" TFZ72C RALJC� � -cc ACAD MY(D * -A HIL B 0- S D P I 70 T RIMER. 70 CT ;i wo Lj ZL39 W (402 �;w W13ODM13NT Vmmow ALL kAINTS I C-3 ZA z LUTH RAN NATIONS >4 ALBERTSON SHELL Ct COMMONS daT. ;E- r'. TEXACO L) W BANK (6' MCNAB ROAD GW TA MCNAB ROADDANK TEXACO p CONCORD VILLAGE THE GREENS �-XKE!� * OF TAMARAC 'WPOI UNIVERS11 . . . . . . . rL'A V T COMMONS > COL. W. SANDS POINT 4c CA CLUB BELLE HOUSE CO.DN), MR: TERRE OF TAMARAC u GARDEt4S RAL Li LMS* L3 < OLF CA V LLA UNIV. S COLONY CIR. > SHOPPES Ll OKEST & ? APTS. -1jFCS. L . . . . . . . . . uj EGAN WEDGES . . . . OLF COUR�E,'******** pa O� af 0 PLAT > EC. 9 LAND u z FAIRVI 0 4R, u BOARDWALK APTS. W PARADISE CT FAIRWAYS Lai 61 ST 61 ST 62 CT SQUARE > SAIN1 APTS. BOARDVALK 'R, ii: LANT z MALAC� If =) I im 59 PL T HORA z TER S N > 61 ST 1�9 'UPI L 61 ST ADISE bi < 59 ur '15' - 59 CT -i>. . . . ... ........ (FnGEW TER) CURTIS z M F-1- -i MAINLANDS FIELD TATES 59 ST 59 ST NATIONS 59 �-4 UNIT 13 PLAT CL BANK 58 PL 58 WATERSIDE 60 ST PL 21 W. > MAI L N 1"- 58 CT UN 5 HEARTLANDS cu OF 36 C' 58-ST lmo m TAMARAC (6, 57 DR MIDWAY PLAZA p 58 ST ST C3 �LINA MAI 4LAI DS U 1 > BLOCK C3 M > 5R AVE CA BUSTER m 57 PL 'Mu W >4 BIG LOTS IVE 57 L ;Fj�1-2 AIRH N- ItVE 9 55 UNITED BOSTON PLAZA IOR CINNAMON I I STATES CHICKEN 'ING EE 9741-8767 POST z CT 37 z IENC�—�AZA OFC. BLDG 57 ST NW 57TH ST OFFICE 57 WENDYS STA URANT WALGREENJ TAMARAC TAMARAC CHEVRON BRANCH COMMUNITY Li 'Wr of -j Is X D -J d N L) -j 2 9 ' ... 2 - !Z =00�- X z E3 < MA LIBRARY CENTER P Li M �c gw L) 0, A SITE LOCATION/,, LAUDERHILL REVISIONS ft WAVOS JM L COMO, PL FL NM 55M 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 06T * 00fAL SULTAWO COT 4'. VIM RMRTS 4 EXHIBIT 1 =Knm now TEMP. RESO. # 9220 L 0 ST L &= 76 a =at s-_z; > la ts I I w t�- v Vol 9 >9 > DODMONT 'C 'A'(014MZ4 My L A MCNAB ROAD CONC13RDI VILLAGE %JWDL-�Nb �kgf + lw m -V SANDS POIN cl 4, LAND SEC, 114 H13USE Jl— lzll; Lc - AL MS r LLAS ROKEST COL13NY CIR. APTS, 0 L AFKW WE S G13LF C70URSE, FAIRVIEW DR. BOARDWALK APTS. FAIRWAY3 61 ST 44—S cl qwqvA" APTS. 59 z > L4j T CY (E TERI ST "A' Z _j L " 0 *1 5-9 ST (L P-4 . -- P! WATERSIDE 60 $1 MAI S9 CT LN EAR ANDI r. , CT w & TAMARAC 57 DR Sol ty > MAI 4CL IDS m AVE dp 51 P(. PL ta > > 4c 8741-07 7 Ll - orc. ALN S7 ST S" CT 57 fT NW 31TH '.T_ s >1 LOCATION CHEVRM fu I COMMERCIAL BLVD. I COWORT-SULDWG X-4m, 161*14-041M*1 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" 4z = W =21M ra am 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 MrSIT "A"' 0 im L/ A AM samns ludalco k- -1. 1 '' 11. 1 SO= A' &I. **Af* IL IL .ML r3cx*1 IJ - lit 04 4 IW IN LAI -ma its - I L--j ta"el f MOSS" go# fin IS A r w