HomeMy WebLinkAboutCity of Tamarac Resolution R-96-147Temp. Reso.# 7405 -June 6, 1996 1
City OF TAMARAC
RESOLUTION NO. R-96 1q7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A WATER
AND SEWER DEVELOPER'S AGREEMENT WITH BMS OF
BROWARD, INC., FOR THE BUDGET MINI STORAGE
PROJECT LOCATED AT THE 8300 BLOCK OF UNIVERSITY
DRIVE FOR ONE NON-RESIDENTIAL WATER AND SEWER
BUILDING CONNECTION REQUIRING ONE ERC FOR
WATER AND ONE ERC FOR SEWER; REQUIRING THE
PAYMENT OF $ 2,755.00 IN CIAC FEES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the developer, BMS of BROWARD, Inc., is constructing a
commercial storage facility for the Budget Mini Storage Project located at the 8300
block of university Drive (attached hereto in map form as "Exhibit 1 ") in accordance with
the Site Plan as approved by the City Commission on May 8, 1996; and
WHEREAS, the developer has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the Budget Mini Storage Project as required by
Code Sections 22-189(a)and (b); and
WHEREAS, the Water and Sewer Developer's Agreement requires the purchase
of one ERC for water and one ERC for sewer for a combined CIAC fee of $2,755.00 as
required by Resolution R-94-210; and
Temp. Reso.# 7405 - June 6, 1996 2
WHEREAS, it is the recommendation of the Director of Utilities that the Water
and Sewer Developer's Agreement with BMS of Broward, Inc., be executed and the
payment of the CIAC fees required for the Budget Mini Storage Project be accepted;
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it in the
best interest of the citizens and residents of the City of Tamarac to execute a Water
and Sewer Developer's Agreement with BMS of Broward, Inc., for the Budget Mini
Storage Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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: That the appropriate City Officials are hereby authorized to
execute a Water and Sewer Developer's Agreement with BMS of Broward, Inc., for
Budget Mini Storage Project (attached hereto as "Exhibit 2") located at the 8300 block
of University Drive and accept the CIAC fees.
SECTION 3: Authorize the collection of $2,755.00 for one ERC.
SECTION 4: That the City Clerk is hereby authorized and directed to record
said Agreement in the Public Records of Broward County.
1
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Temp. Reso.# 7405 - June 6, 1996 3
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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,_7.: This Resolution shall become effective immediately upon its
passage and adoption. ��
PASSED, ADOPTED AND APPROVED this Vp of one., ,1996.
ATTEST:
l �
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to fob
MITCHELL S. KRAF
CITY ATTORNEY
UTILITIESAaWaml
TIP
O.
MAYOR
RECORD OF COLINO L VCME
�Hr'AnnnriJi'f � �
DISTRICT 1 • rAM' IN
-
DISTRICT 2•
DISTRICT
DoSTRiCT 4:
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BDMSWSDA,DWG
BUDGET ;IINI STORAGE
WATER AND SBWAR DEVELOPERS AGFRBSMBiNT
WATER D SEWER
D VE 'AGREEMENJ
FOR: B Mini -Storage
(Name of Development)
GENERAL LOCATION: 8300 BIQ-ck-of University
THIS AGREEMENT effective this 2»(0 day of
19_ made and entered into by and between:
The CITY OF TAMARAC, at 7525 Northwest 88th Avenue,
Tamarac, Florida 33321, a municipal corporation of the
State of Florida, hereinafter called "CITY"
and
BMS of Broward
c/o BMS Management Co.,
at 5901 Ski 71th Street,i 2 Miami. F1 33143
hereinafter called "DEVELOPER".
0
and
B
c/o BMS Management Co.,
at -5-� -SW--74th 5tregt,5
hereinafter called "OWNER".
W I T N E S S E T H
WHEREAS, CITY is the owner and operator of a water treatment
plant, together with water distribution and sewage collection
facilities known as "TAMARAC UTILITIES WEST WATER AND SEWER
SYSTEM"; and
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r
WHEREAS, DEVELOPER owns or controls certain real property in
,Broward County, Florida as shown and described in Exhibit RAN
attached hereto and made a part of hereof; and all
de
in this AGREEMENT to PROPERTY shall. refer specificallcesy $to
DEVELOPERS PROPERTY described in Exhibit PAR attached; and
WHEREAS, DEVELOPER and OWNER desire to procure water service
or sewage disposal service or both from the -CITY for the PROPERTY;
and
WHEREAS, the parties desire to enter into an AGREEM-ENT setting
forth the mutual .understandings and undertakings regarding the
furnishing of said Ovate= and sewer services for the PROPERTY; and
WHEREAS, this AGREEMENT and all stipulations and covenants
made herein are acknowledged to be subject to the approval of every
County, Regional, State and Federal regulatory agency having
Jurisdiction of the subject matter of this AGREEMENT; and
WHEREAS, CITY has received proof of payment by DEVELOPER of
any Portion of contribution -in -aid -of -construction charges owed to
third parties, and which is attached as Exhibit nBn; and
WHEREAS, the City
has authorized the proper ci y officials to executesion has approved s this and
by motion passed at a regular City Commission meeting nAGRE ,���
�, 19�.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings of CITY and DEVELOPER and other good and valuable
considerations, these parties covenant and agree with each other as
follows:
PART I. DEFINITIONS
A. The term DEVELOPER shall refer to the Contracting Party
in this 1-GREEM D T who has an ownership interest in the PROPERTY.
Is that interest fee simple? NY _YES or
nature of the interest is best described- a NO.. If no, then the
If DEVELOPER is not the OWNER, then
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the OWNER joins in this AGREEMENT and agrees to be jointly and
severally liable for the responsibilities of the DEVELOPER
enumerated in this AGREEMENT.
B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to
in this AGREEMENT as ERC, is the assumed average daily flow of a
detached single-family residential unit.
C. The term PROPERTY, refers to the real }property described
in Exhibit "A" attached to and incorporated into this AGREEMENT.
D. The' term GUARANTEED REVENUE refers to a fee paid by
DEVELOPER to defray the•cost to CITY of maintaining reserve water
and sewer systems. The GUARANTEED REVENUE is equal to the
applicable monthly service availability charge for water and sewer
service.
I , PART II. DEVELOPER'S OBLIGATIONS
A.
1. 'DEVELOPER, at his expense and at no expense to the
CITY, shall design, construct and install, all necessary water
distribution and sewage collection lines, over, through, under,
across and past the PROPERTY in accordance with plans,
specifications and engineering data as submitted by a Florida
registered engineer to be approved by the appropriate governmental
regulatory agencies and by the Utilities Director, or his
authorized representative; and said water distribution and sewage
collection lines shall be installed and connected to CITY'g
existing water distribution and sewage collection lines, all of
which work shall be paid for by the DEVELOPER.
2. All installations shall be installed at DEVELOPER'S
expense and shall include, without limitation, all gravity flow
maias: force mains, pump stations and lift stations required for
the furnishing of service to the PROPERTY. At the time of
submission of the plans, specifications and engineering data by
DEVELOPER to the Utilities Director, IF THIS AGREEMENT I3 FOR (1.0)
OR MORE ERC'S, DEVELOPER shall pay to CITY a Plan Review Fee of
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$750.00 (to be paid one time only). Said Plan Review Fee is to
compensate CITY for CITY's expense in having said plans,
specifications and engineering data reviewed by the Utilities
Director or his authorized representative.
3. Meter shall be INSTALLED BY CITY. No meter shall be
removed, moved, bypassed, or altered in any way except by the City.
Violation of _this paragraph may result in a penalty of up to
$500.00, declaration of this AGREEMENT to be in default, or both.
The imposition of a penalty shall be at the sole discretion of the
City Manager or his designee.
4. Non -metered use of City water or use of water from
fire hydrants may result in a penalty of up to $500.00, declaration
Of this AGREEMENT to be in default, or both. The imposition of a
penalty shall be at the sole discretion of the City Manager or his
designee.
DEVELOPER shall, at his expense, and at no expense to the
• CITY, retain the services of a registered professional engineer for
the purposes of providing necessary inspection and supervision of
the construction work to insure that construction is at all times
in compliance with accepted sanitary engineering practices and in
compliance with the approved plans and specifications. DEVELOPER
shall notify CITY in writing of such appointment. A copy of each
field report shall be submitted to the Utilities Director's
authorized representatiive. Should there be cause or reason for
the _.DEVELOPER to engage the services of a registered engineer
(other than the design engineer) for inspections, then DEVELOPER
shall notify the CITY within five (5) days of such engagement.
The DEVELOPER'S Engineer of Record shall prepare "As -
Built" drawings of all construction.
DEVELOPER and his Contractor shall arrange for and hold
a •preconstruction meeting with the Utilities Director or his
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authorized representative. Notification of said meeting shall be
made in writing and received by all parties seventy-two hours in
advance of said meeting. The meeting shall be held at least
twenty-four (24) hours prior to start of each phase of
construction. An Engineering Permit, payment of engineering fees
and bonding based on a Certified Cost Estimate, prepared by
DEVELOPER'S registered engineer, shall be required prior to any
construction.
The work to be performed by DEVELOPER, as provided in
this AGREEMENT shall not commence until all plans and
specifications covering the work to be performed are approved in
writing by the Utilities Director or his authorized representative.
Approved plans and permits must be on site at all times.
During construction and at the time when periodic
inspections are required, the Utilities Director or his authorized
representative shall be present and DEVELOPER'S engineer shall be
present to observe and witness tests for determination of
conformance to approved plans and specifications. The City
Engineering Inspector shall be on site at all times during sanitary
sewer installation, and notified before any water lines are
installed.
M
The work to be performed by DEVELOPER, pursuant to the
Provisions set forth herein, shall be in accordance with all
requirements of the regulatory agencies which have jurisdiction
over the subject matter of this AGREEMENT as well as all applicable
Federal and State Statutes, County and CITY ordinances. The
requirements of this paragraph shall govern, regardless of any
errors or omissions in the approved planes or specifications'.
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950601
G. 11S-BUILT �ggpj(
DEVELOPER shall at his own en exp se and at no expense to
the CITY, furnish to the CITY one complete set of reproducible
mylar and two sets of prints of As -built drawings prepared by a
Florida registered engineer who designed the water distribution and
sewer systems or by any other engineer retained by the DEVELOPER.
The As -Built dra4wings shall be approved by the Utilities Director's
authorized representative. As -Built drawings shall be certified
and sealed by the DEVELOPER's engineer showing all pertinent
information as to all mains, services and appurtenances belonging
to, and affecting the water distribution and sewage collection
systems and service lines as constructed in the field, As -Built
drawings shall also be sealed by a Florida registered surveyor as
to the actual locations of all surface features of these systems,
easements and right of' ways which are part or adjacent to the
property and shall include all paving and drainage facilities
constructed in conjunction with the water and sewerage facilities.
H.
The contribution charges (both water and sewer) shall be
calculated according to rates set by Resolution of the City
Commission.
The contribution charges shall be computed based upon the
DEVELOPER'S representation on the approved final site plan for the
PROPERTY. A copy of said plan shall be reduced to 8-1/2" x 11" and
-attached to. this AGREEMENT as Exhibit "C". Exhibit "D" is attached
to this AGREEMENT and shall indicate the number of buildings to be
built, number of residential, non-residential and accessory units
and ERC's per building and the number of meters and meter sizes.
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lel'-. SG -/1Y7
'�..0 yiF.o- '.'�«.r�t'si ;��,y. �;•�'.J,r..'.a..::..:.;�a..iw,.A..;�:a ..: 'rr.r�?t..v'r;�_r:.. •'R
residential # units X ERC's Per 'Unit ® $2,, O,�Q per ERC
NOT -Residential # L� ERC's @ $14.550.00 Per ERC
Total ERC s� (SEWER) Tonal Contribution $1, 550.00
The DEVELOPER has paid to the. CITY. the sum of
THOUSAND SEVEN HUNDRED & FIFTY FIVE dollars2,755.00
for contribution charges. Unless.City Commission, at the time of
adoption of this AGREEMENT'by Resolution, approves alternative
Payment procedures, all Contribution charges have been paid, as
evidenced by the signature of the Finance Director;
Stanley Hawthc=e, Finance Director Date
1, DEVELOPER shall pay to the City, GUARANTEED REVENUES
when due, at the rates in effect when due, as amended from time to
time. GUARANTEED REVENUE is equal to the minimum service
availability charge for water and sewer service. GUAZ%ANTEED
REVMMES are due and payable monthly.
* See Exhib-ift "F"
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,CSG �`i7
2. The payment of GUARANTEED REVENUES required by this
AGREEMENT shall commence six (6) months after the payment of CIAC
Fees. Has a Plat for the property been recorded with Hroward
County _ML_ YES NO. If NO, then GUARANTEED REVENUES commence
one (1) year after the effective date of -this AGREEMENT.
GUARANTEED REVENUES shall be due for all UNITS/`ERC'S assigned to
the PROPERTY unless otherwise specified by this AGREEMENT.
w�
3�; GUARANTEED REVENUE, if initiated shall no longer
accrue for a unit when metered water. and sewer service is
established at a particular building and the required customer
deposits are paid to the CITY. However, if accounts are open in
the DEVELOPER'S name and closed without z new account being
established, the GUARANTEED REVENUES shall resume.
4. The parties acknowledge the GUARANTEED REVENUE
payments made by the DEVELOPER shall be considered as revenue
(income).
J. MODIFICATION TO CJ=19WATER
NEC'E C,9ARX
In addition to all other obligations g tioas of this AGREEMENT,
DEVELOPER may be required by the CITY to make modifications to the
CITY's water and sewage systems because of the development's impact
on the systems. The modifications are set forth in Exhibit "E" and
they shall be performed by DEVELOPER prior to the issuance of the
first Certificate of Occupancy, unless provided in this AGREEMENT.
1. If any payment of GUARANTEED REVENUES required by
this AGREEMENT is more than fifteen (15) days late, the CITY shall
send the DEVELOPER a notice of delinquency by prepaid certified
mail, and failure of the DEVELOPER to make the required payment in
full within seven (7) days of the date shown on the notice shall
constitute a default by the DEVELOPER.
2. Other than required payment of GUARANTEED REVENUES,
if any act required by this AGREEMENT is not timely accomplished or
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if any act prohibited by this AGREEMENT is done, then this
AGREEMENT shall be in default. Notice of default and the grounds
for default shall be sent to the DEVELOPER by the CITY as provided
in Part VI of this AGREEMENT.
+ •+ s
Should DEVELOPER be in default of this AGREEMENT, it is
agreed that the CITY shall have the right to exercise any of the
following sanctions or penalties:
1. Any reseived plant capacity under this AGREEMENT may
be rescinded and forfeited.
2. The site plan for the PROPERTY is voidable by
Resolution of the City Commission.
y 3. No final inspections shall be approved by CITY.
4. No Certificate of Occupancy shall be issued by CITY
for any unit on the PROPERTY.
5. There shall be an interest penalty equal to the
maximum rate allowed by Florida State Law on any payments due to
CITY from DEVELOPER which are not paid. The penalty, when
applicable, shall accrue from the due date of payment as provided
in this AGREEMENT.
6. The CITY shall be entitled to lien the PROPERTY and
foreclose the lien in satisfaction of any payments due under this
AGREEMENT.
7. CITY shall be entitled to any other remedy at law
and failure to exercise any remedy shall not constitute a waiver of
said remedy.
LANEWYTJ
Prior to acceptance of the work required to be done,
DEVELOPER shall, without cost to CITY:
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1. Convey to CITY and its successors and assigns, by
good and sufficient exclusive easement deed, in a form satisfactory
to CITY, a'perpetual right, easement and privilege to operate,
maintain, repair or replace all water and sewer mains, pipes,
connections, pumps and meters within granted easements upon
DEVELOPER's PROPERTY in connection with supplying water and sewer
service to the inhabitants, occupants and customers in DEVELOPER's
PROPERTY and -secure froze each mortgage and lienor a release of
mortgagees' and'lienors' interest in the easement and fixtures
thereon for so long as the easement is used for the operation,
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 all
DEVELOPER's right, title and interest in and to all of the water
and sewer supply lines, mains, pumps, connections, pipes, valves,
meters and equipment installed up to and within granted easements
and righti-of-way within the PROPERTY and off -site improvements
installed for the purpose.of supplying water distribution and
sewage collection for DEVELOPER'S PROPERTY.
3. Furnish CITY with an AFFIDAVIT
that all persons,
firms or corporations who furnished labor or materials used
directly or indirectly in the prosecution of the work required to
be performed by this AGREEMENT have been paid, or in the event of
a dispute between the DEVELOPER and a contractor or subcontractor,
furnish CITY with a BOI-M in the amount in dispute and in a form
acceptable to the CITY.
4. Furnish CITY with a satisfactory surety bond or
letter of credit in the amount of twenty-five percent (25%) of the
cost of the work, in a form acceptable to the CITY, guaranteeing
all work installed pursuant to this AGREEMENT against defects in
materials, equipment or construction for a period of not less than
one (1) year from date of acceptance of same by CITY.
_5 , Furnish CITY with T.V. inspection and air teat of
the sanitary sewer collection system performed one (1) month before
I- year warranty period expires.
6. Install cleanout on consumer's sanitary service in
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•
accordance with current Utility Standard Detail.
PART Ill. CITY'S OBLIGATION
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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 Utilities Director, or his
authorized representati-ie; 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 respou&;ible 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 ERC's
of water service and 1 ERC's of sewage treatment plant capacity
for DEVELOPER.
C • 0 Z% MOPS 0A;. r1a11M
The CITY has entered into a "Large User Agreement" with
Broward County, (the "COUNTY"), in which the COUNTY has agreed to
make future sewage treatment capacity available at its regional
wastewater treatment plant. In the event CITY cannot provide
sufficient capacity, as a result of COUNTY's action, the CITY's
sole obligation shall be to refund DEVELOPER'S contribution charges
as described in this AGREEMENT, for those units for which CITY is
unable to provide capacity provided that DEVELOPER is not in
default of this AGREEMENT.
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C. V
In the event that the CITY cannot provide sufficient
service as a result of the actions of any regulatory agency, then
the CITY's sole obligation shall be to refund DEVELOPER'S
contribution charges as described in this AGREEMENT, for those
units for which CITY is unable to provide capacity provided that
DEVELOPER is -n-o-t in default of this AGREEMENT.
PART IV. M=AL COVENANTS
It is mutually agreed by and between the parties that the
Preambles contained at the beginning of this AGREEMENT are true and
correct and in addition to them, it is mutually covenanted and
agreed, as follows:
A. AS7 iT' OF 3MTS AGREEMENT
In addition to binding DEVELOPER, the provisions of this -
AGREEMENT shall run with the land and be binding upon and inure to
the benefits of successors in title to the PROTECT after this
AGREEMENT has been recorded in the Pubic Records of Broward County,
Florida. however, any other assignment or transfer of DEVELOPER's
rights and obligations is prohibited unless:
1. Assignment shall be done in writing in the same
formality as this AGREEMENT.
2. .CITY shall be a party of said assignment and shall
not withhold approval of assignment unreasonably.
3. DEVELOPER shall remain primarily liable to CITY for
the terms and conditions of this AGREEMENT unless assignment is
made in compliance with this section. CITY agrees to execute a
"satisfaction by assignment" for DEVELOPER if this AGREEMENT is
properly signed.
DEVELOPER agrees to make full disclosure to any party
purchasing all or any part of the PROPERTY encompassed by this
AGREEMENT as to all the terms hereof, and with particular reference
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, . . I . �6 %. -H-�
to the GUARANTEED REVENUES set forth in Section I of Part II
18 herein.
: H . ..
All prior Developer Agreements or Agreements pertaining
to the supply of water and sewer affecting the PROPERTY are hereby
canceled - and -declared of no force and effect upon that PROPERTY
which is the subject matter of this AGREEMENT.
PART V. MUTUAL ADDITIONAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS
DEVELOPER
It is mutually covenanted and agreed by and between the
y parties as follows:
A.
CITY shall have the exclusive right to furnish water
service and sewage collection- service to consumers within the
PROPERTY covered by this AGREEMENT.
DEVELOPER, his successors and assigns, and the owners and
occupants of buildings on DEVELOPER's PROPERTY shall not install or
maintain any water wells except for irrigation purposes.
CITY shall have the right to promulgate from time to time.
reasonable rules and regulations relating to the furnishing of
water service and sewage collection service to consumers within the
PROPERTY encompassed by this AGREEMENT. Such rules and regulations
may relate to, but are not limited to, rates, deposits and
connection charges and the right to discontinue services under
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certain conditions. The water and sewer rates to be charged by
CITY to said customers shall be the rates now or hereafter charged
to other customers within the area of service of TAMARAC UTILITIES
WEST WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and
agrees that the rates are subject to change at any time by CITY.
CITY shall not. be liable or responsible for maintenance
or operation of any pipes, pipelines, valves, fixtures or equipment a
on any of the properties of the customers, consumers or users on
DEVELOPER's PROPERTY other than the water main and water service
lines (from the water main to the water meter) and the sewage
collection system within granted easements to CITY pursuant to this
AGREEMENT.
E . SYSTEM ON CONSM F.R 1 9 p'Pn'P PRTV Irn 'Qr "RSmom vKr rsrnr% uTr%n w r%?eq
Each consumer of water service or .sewage collection
service on DEVELOPER's PROPERTY shall keep all water pipes, service
lines including cleanouts, connections and necessary fixtures and
equipment on the premises occupied by said consumer, and within the
interior lines of the lot occupied by the consumer in good order
and condition. The sale of water by CITY to the consumer shall
occur at the consumer's side of the meter but the obligation for
the maintenance of the lines shall be as set forth above and in
applicable CITY regulations.
Unless otherwise specified in this AGREEMENT, this
AGREEMENT shall not be binding until fully executed, but once
executed, it shall have a retroactive effect commencing from the
date of the City Commission meeting at which it was approved.
MWER'.7164 Y1
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�SGif7
It is assumed that a single family home on the PROPERTY
will be serviced by a 5/8-inch water meter. If a larger water
meter. is needed, then the owner (whether DEVELOPER, Assignee or
Homeowner) will be charged additional contribution charges which
must be paid at:the rate prevailing at the time of the application
for larger meter for additional ERC's, to accommodate the larger
meter.
4
No water from CITY's water distribution system shall be
used or disbursed by DEVELOPER or his agents, through fire hydrants
or water mains, or by any person, firm, corporation or agency,
public or private, unless the Utilities Director has first
approved the use and the connection, and there has first been made
adequate provisions for compensating CITY for such water.
Any temporary cessations or interruptions of the
furnishings of water and sewer service to the PROPERTY described
herein at any time caused by an Act of God, fires, strikes,
casualties, accidents, power failures, necessary maintenance work,
breakdowns, damage to equipment or mains, civil or military
authority, riots or other cause beyond the control of the CITY
shall not constitute a breach of the provisions contained herein
nor impose liability upon the CITY by the DEVELOPER, his successors
and assigns.
Oti W
If any section, subsection, sentence, clause, phrase or
portion of this AGREEMENT is for any reason held invalid or
unconstitutional by any court of competent jurisdiction such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
TUWWSDA-1
15 950601
A. RECORDING OF 11GRI21111n
This AGREEMENT shall be recorded by the CITY among the
Public Records of Broward County, Florida, for the particular
purpose of placing all owners or occupants of properties in
DEVELOPRER's PROPERTY connected.to or to be connected to said water
and sewer systems of CITY upon notice of each and every one of the
provisions herein contained to the same extent and with the same
force and effect'as if said owners and occupants had joined with
the parties to this AGREEMENT in the execution thereof; and the
acquisition or occupancy of real PROPERTY in DEVELOPER's PROPERTY
connected to or to be connected to the said water and sewer systems
of CITY shall be deemed conclusive evidence of the fact that the
said owners or occupants have consented to and accepted the
AGREEMENT herein contained and have become bound thereby.
L. HOLD HARMLES$_PROVIS„1g
~ It is mutually agreed that the CITY shall be held
harmless from any and all liability for damages if CITY's
obligations under this AGREEMENT cannot be fulfilled as a result of
any ruling or order by any other governmental or regulatory agency
having jurisdiction over the subject matter hereof; and in such
event, this AGREEMENT shall be null and void and enforceable by
either party regarding that portion of the DEVELOPER's PROPERTY for
which CITY cannot perform its obligation.
I. The purpose of this Section is to protect the
public water main against actual or potential
cross -connections and back -flow by isolating within
the premises or Private Property contamination or
,pollution that has occurred or may occur because of
some undiscovered or unauthorized cross -connection
on the premises or Private Property.
2. POLJr.Y
TUWWSDA-1
16 950601
. ,C Y�- /5/7
a. No water service connection shall be installed
or maintained by the CITY unless the public
water main is protected by an Approved back -
flow prevention assembly as required by
Florida Administrative Code-17-22, applicable
DEP regulations, and this Section.
�b.. Any back -flow prevention assembly required
herein shall be of a model, type and size
approved by the Utilities Director for the
City of Tamarac, or his Designee, utilizing
accepted practices and Standards established
by the American Water Works Association, AWWA
C-506-78 or American Society of Sanitary
Engineers Standard 1024.
C. Service of water to any premises shall be
denied or discontinued by the CITY if a back -
flow prevention -assembly required by this
Section is not properly installed, tested, and
maintained in properly functioning condition,
or if it is found that a required assembly has
been removed or by-passed.
d. Single family residences shall be protected by
a dual check valve, which will be installed by
a plumber on the outlet side of the meter
after installation of the meter.
e. All .services, other than single-family
residences, shall be protected by an approved
reduced pressure principle assembly or double
check valve assembly, as determined by the
Utilities Director or his designee, based on
planned water usage within the premises.
f. Reduced pressure principle and double check
valve assemblies shall be procured and
installed by DEVELOPER, in accordance with the
Standard Sack -Flow Prevention Detail Sheet,
which is available at the Tamarac Utilities
Department, prior to the installation of the
TUWWSDA-1
17 950601
water service meter.
• g. Prior to connection of water service the
back -flow prevention assembly must be
inspected and tested by a certified -tester.
If at the time of testing, the assembly is
found to be malfunctioning, the DEVELOPER will
be -notified by the CITY and water service will
not be provided until such time as the back -
flow prevention assembly does pass inspection.
s
h. Annual (or at intervals determined by
Utilities Director or his designee)
inspections and tests of back -flow prevention
assembly shall be performed by state certified
back -flow tester. DEVELOPER/OWNER must have
tests performed (with results submitted to
Utilities Director) by a State certified back -
flow tester at DEVELOPER/OWNER expense. The
DEVELOPER/OWNER will be responsible for
insuring that proper plumbing permits have
been obtained and fees paid.
DEVELOPER acknowledges that property described in Exhibit
within a Broward County Protected Well Field zone
of influen a per Broward County Ordinance 84-60 or within an
existing or proposed well .field zone of influence as determined by
Tamarac Utilities Director. If property is within said zone of
influence, DEVELOPER agrees to limit uses of property to those uses
that are allowed by Broward County Ordinance 84-60 or as it may be
amended.
O. _ * 1-00 oil;
A im
of Tamara
materials
TL WSDA-1
Y ti. 1.0 5 1kv / "-141
DEVELOPER acknowledges that Broward County and the City
c have ordinances that prohibit dischargs of hazardous
into the sanitary sewer system. (Broward
18
County
950601
Ordinance 86-61 and Tamarac Ordinance 85-521. DEVELOPER agrees not
. to discharge hazardous materials into the sanitary sewer system as
defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85-
52 or as they may be amended.
J*
PART VI. NOTICE
Whenever either party desires to give notice to the other, it
shall be given by written notice, sent by prepaid certified United
States mail, with return receipt requested, addressed to the party
for whom it is intended', at the place specified as the place for
giving of notice, which shall remain such until it shall have been
changed by written notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as
the respective places for the giving of notice:
FQ,R_ CITY OF A,C
Mr. David Brown, President
City Manager - BMS OF BROWARD, INC.
• 7525 Northwest 8 8 th Avenue c/o BMS Manage-nent Co.
.
Tamarac, Florida 33321 5901 S.W. 74th Street, Suite 205
South Miami, Florida 33143
Notice so addressed and sent by prepaid certified mail, with
return receipt requested, shall be deemed given when it shall have
been so deposited in the United States mail.
0 TUWWSDA-1
19 950601
•
PART VII, ADDITIONAL PROVISIONS
A. ZXEItaT'r'S
The following exhibits are attached, as part of this
Agreement and are incorporated into t]zis Agreement:
ft
EXHIBIT "A" - Legal Description of PROPERTY
EXHIBIT "B" - Receipt from third party for a portion of
contribution charge: '
Included Not Included
TUwwsDA-1
EXHIBIT "C" - A copy of the site plan of the PROPERTY
reduced to 8-1/2 inch by 11-inch page
size.
EXHIBIT "D" - A listing for the PROPERTY indicating the
number of ERC's allocated to each
building, the number of meters per
building, and the meter size(s).
EXHIBIT "E" - Modification of CITY's water or sower
facilities if required by Utilities
Director, if applicable.
Included,. Not Included XX
BMI?BIT "F" - Payment of Contribution Charges
W
950601
C�
u
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below:
Signed, see, -4 ftr'4
delivered iu the presence nf:
ATTEST: \ * 1 '
By . n
Robert S. Noe, Jr.,
r
City Manager
ATTEST:
d �.
Carol A. Evans,
City Clerk
STATE OF FLORIDA:
: SS
ACCEPTED BY CITY OF TAMA,RAC
G EE
Hy:FL
�-=a Abramowitz,
Mayor �% A
Date: v
By: S n
Robert S. Noe, Jr.,
City Manager
Date:9
A r ved as to f rm:
By
Mitchell S. Kraft,
City Attorney
COUNTY OF B&WAM
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. 4LOIZMNA) t¢,3 mew �Tzr Mh�yo,e
6e4r S. o i .UA•G- to me known to be the person (s)
described in and who executed the foregoin instrument and
acknowledged before me that executed the sam
WITNESS my hand and official seal.
v , 199L .
(A Personally known to me, or
( ) Produced identification
this [5 day of
NOTAI& PUBLI State of Florida
at Large
(Name of Notary Public: Print,
Stamp, or Tyne as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (x) DID NOT take an oath.
0 TUWWSDA-1
21
950601
is
ATTEST:
By:
Type Name
Victor Brown
OWNER/DEVELOPER BMS of Broward, Inc.
By:
Type Name David Brown
Coi-porate Secretary President., David Brown
5901 S.W. 74th Street, Suite 205
a'South Miami., Florida 33143
:(Cor a Seal)
STATE OF FLORIDA :
SS
COUNTY OF
I BEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the unty aforesaid to take
acknowledgments, ersonally appeared 2)av
re u Tto me known to
be the person(s) described in and who executed the foregoing instrument
and --�P- acknowledged before me and under oath that h e- executed
the same.
WITNESS my hand and official seal this a day of
0, r C V , 1996 .
(X) Personally know to me, or
( ) Produced identification
NOTARY* P IC, r�
U: zit
at Large rolrrt4 . mi-X1A r0TA1N,,u¢
(Name of Notary-w'P�iic: print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
0 DID take an oath, or ( ) DID NOT take an oath.
0 TOWWSDA-1
22
950601
M ,
���Z���.L•'r ���tIN�� gg Co���i:, E17 1.111..�Mw�-,.1\����IIY�UY�'iAi7�'S�� 1n�t.i�,i1 �.�
T 1Da]j d.. jiiWp.- rnn�r�rin - do havaby affi= that Z *= the
prelijilent of
and that T have exedUted a Water and 9«was Developer's A0e0eent the City
of Tamarae fox Jaud et Mink Stara a PWQJ*4t
and that Z as the after all the propertY covered by said OMLOPsRIR ACRRsUT.
•Then+ are no mortsaAea held on the proparty which is the
sub3oat of said VXV=4VZR'm AGREi .
"MTHRA "YMMT CKYRTH NOT. a
(signature)
This
,. 8Z'ATL OF FLORIDA t
D�a-I� � � •�s
COUN7r OF =
1 1TRREDY CERTXrY that an this day, before me, an officer duly
authorized in the State aforesaid and 3 lthe Co►ty aforesaid to take
acknowledgments, personally appearedro V'—
to me knows to he the person (M
described in and who executed the foregoing instrument and
acknowledged before me and under oath that &w� o3tecuted the same.
+N=TM3S my hand and official sea
lips
I i ' 5R,SAE
MpRIA DOM NGUFZ
NIn Lit STATE OF FLORIDA
COMMISSION NO• CCgp4459
MY COM!�(ISSION FXI'• AUG. 311998
(X) Personally knew to Me, or
( ) Produced idM1LtifiCAtias►
1
this a ... "y of Agri Lr
MCTART PUNLM state of Florida
at Large
(Mauro of Notary Publics Print,
stazw, or Type as Commissioned)
Type all S.D. Paaduood
( i DID take an oath, or ( j DTD N= take an Oath.
TUMSDA- l
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ZO'd 600'ON TZ:bT
23
96. ZO Ndd ZZZ9-9S9-2-OG: QT
ME9 GG9 400
950601
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206 GZ£ '0N trzz£699S0E F 9I Nf U81 9H39N33M TT :LT 96/20fb0
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•
Exhibit "A"
Legal Description of PROPERTY
Lots 4, 5, 6, 7 and 8 in Block 12 of LYONS COMMERCIAL SUBDIVISION
NO. 3, according to the Plat thereof recorded in Plat Book 76, at
Page 31, of the Public Records of Broward County, Florida.
•
•
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•
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W
F�
SKETCH OF DESCP I P T I ON
60 FOOT ACCESS EASEMENT
A PORTION OF LOT 7, BLOCK 12
'LYONS COMMERCIAL SUBDIVISION NO. 3'
PLAT BOOK 78. PAGE 31 BRONARD COUNTY RECORDS
I
'
I I
I
SB9' 47' 44' W 293.00'
I
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I
BLOCK412
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SB9' 47' 44' M 293. DO'
I
II I
II
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BLOCK 12
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S09.47' 44' W 293.00'
ce
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113
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BLOCK12I
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NB9' 47' 44' E 293.00'
C.)I
NORTH LIKE LOT 7uj
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LOT 7
i
BLOCK !2
4070',44' W
Is io I
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SOUTH LINE LOT 7
S89' 47' 44' N 293.00'
I
II
II
LOT B
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BLOCK !2
bll
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09.47' 44' E 29100'
�
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LINE LOT It
N. N. 82n d STREET
LAND DESCRIPTION:
THE SOUTH 60.00 FEET OF THE NORTH 62.50 FEET OF THE WEST
10 FEET OF LOT 7, BLOCK 12. 'LYONS COMMERCIAL SUBDIVISION
NO. 3'. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 76, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA. SAID LANDS LYING AND BEING IN THE CITY 0i TAMARAC.
BROWARD COUNTY. FLORIDA.
SURVEYORS NOTES:
L UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR G MAPPER THIS DRAWING.
SKETCH. PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND
IS NOT VALID.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY,
EASEMENTS, OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD BY
ABSOLUTE SUAVEYIN6 INC.
S. BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF 'LYONS
COMMERCIAL SUBDIVISION NO. 3' AS RECORDED IN PLAT BOOK 76
PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
A BSSLUTE
SURVEYING INC.
LAND SURVEYORS
44 BIRCH DRIVE
COOPER CITY, FLORIDA 33026
(305) 436-6721
LEGEND
P.O.C. DENOTES POINT OF COMMENCEMENT
P.O.B. DENOTES PONT OF BEGINNING
P.O.T. DENOTES POINT OF TERMINATION
RER PT, DENOTES REFERENCE POINT
¢ DENOTES CENTERLINE
SURVEYOR'S CERTIFICATE:
1 HEREBY CERTIFY THAT THIS SURVEY IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTNE7 CERTIFY THAT
THIS SURVEY MEETS THE MINIMUM TECHNICAL STANOARDS AS CET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS G
MAPPERS IN CHAPTER 6107-6, FLORIDA ADNINISTOATIVE CODE,
PURSUANT TO SECTION 472.027. FLORIDA STATUTES.
DATE: 3_ /9 _y
REVISION
ACCESS EASEMENT
REVISED SKETCH
lO BY: zJr� ! --I ---- —
XITCHELL A. MALLORY
PROFESSIOKAL SURVEYOR G MAPPE
FLORIDA REGISTRATION ND. 485I
PROJECT NO.: 9501
OWN DATE FB PG I CKD
MRM 2-20-96 MK
MRM 1 3-Se-96
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�. ... ♦..-. vl" M�j'�[ `y— P'iEgHIBIT -D -,.�.• r:,..: .. , ._�.._._, . _,.._. .
' dkk
DEVELOPMENT BUDGET MINI STORAGE
# OF ERCIS SIZE OF
OE =TsH's'FR_ E B # OF„METERS =BE
INI SELF -STORAGE WAREHOUSE
/CARETAKER APARTMENT 1 1 1 1 5/8"
-0- nDMPSTER(S) CONNECTED TO SEWER
0 1. ERC EACH -0- ERV S (SEWER)
TOTAL ERR E 1 -(Water) 1 (Sewer)
Page 1 of Z
TOWW SDA-1
9S0501.
THIS PROJECT REQUIRES
THE FOLLOWING SIZE
AND NU113ER OF FIRE LINES:
_ .... .. .....
.::T 4 w DIAMETER
:.. T $ " DIAMETER
2
AT 6" DIAMETER
AT DIAMETER
SERVED BY WASTEWATER
PUMP STATION NO.
22
1 ERC-S + 3.136
- SITE ACRES -
0.30 ERC'S /SITE ACRE
y
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET
THE MINIMUM REQUIREMENT'S OF THE SOUTH FLORIDA BUILDING CODE FOR TEE.
nammED USE.
S's:AL i�5. V�_qt"
Page 2 of 2
1'UWWSDA-1 950601
0 Exhibit "F"
Payment of Contribution Charges
Developer has provided the City with a deposit of $500.00 towards
payment of the total contribution charges ($2,755.00) required by
Part II, Paragraph H of this Agreement. The remainder of the
contribution charges ($2,225.00) will be paid to the City prior
to the issuance of any building permits.
•
•