HomeMy WebLinkAboutCity of Tamarac Resolution R-97-084Temp. Reso.#7634 March 13, 1997 1
CITY OF TAMARAC
RESOLUTION NO, R-97
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 DEVELOPER'S
AGREEMENT WITH MCNAB J.V. FOR THE MCNAB
MARKETPLACE (WINN DIXIE) PROJECT LOCATED ON
THE NORTHWEST CORNER OF UNIVERSITY DRIVE AND
MCNAB ROAD FOR ONE WATER AND SEWER BUILDING
CONNECTION AND ONE IRRIGATION CONNECTION
REQUIRING THIRTEEN ERC'S FOR WATER AND SIX
ERC'S FOR SEWER; REQUIRING THE PAYMENT OF
$24,965.00 IN CIAC FEES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the developer, McNab J.V., is constructing a commercial plaza for
the McNab Marketplace (Winn Dixie) Project located on the northwest corner of
University Drive and McNab Road (shown in map form as "Exhibit 1 ") in accordance
with the Site Plan as approved by the City Commission on December 18,1996; and
WHEREAS, the developer has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the McNab Marketplace (Winn Dixie) Project as
required by Code Sections 10-121(d), 10-122(f) and 10-123(e); and
WHEREAS, the Water and Sewer Developer's Agreement requires the purchase
of thirteen ERC's for water and six ERC's for sewer for a combined CIAC fee of
$24,965.00 as required by Resolution R-96-212; and
-f- WHEREAS, it is the recommendation of the Acting Director of Utilities that the
Temp. Reso.#7634 March 13, 1997 2
Water and Sewer Developer's Agreement be approved, executed and the payment of
the CIAC fees required for the McNab Marketplace (Winn Dixie) Project be accepted;
and
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 accept and execute
a Water and Sewer Developer's Agreement with McNab J.V. for the McNab
Marketplace (Winn Dixie) Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
,9ECTION 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 (attached hereto as "Exhibit 2")
with McNab J.V. for McNab Marketplace (Winn Dixie) Project located on the northwest
corner of University Drive and McNab Road and collect the contribution charges in the
amount of $24,965.00.
SECTION 3: That 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.
SECTION 5: If any clause, section, other part or application of this Resolution is
Temp. Reso.#7634 March 13, 1997 3
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 -3!) of I L ,
1997.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
I CHELL S. KRA
CITY ATTORNEY
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MAYOR
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McNAB MARKETPLACE MCNMPL.DWG
WATER AND SEWER DEVELOPER'S AGREEMENT
TAMARAC UTILITIES
WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: McNgj2 Marketplace (Winn Dixie) _
(Name of Development)
GENERAL LOCATION: northwest corner of University Drive and
McNab Rod
THIS AGREEMENT effective this 30 day of _ April _
19. 97 , 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
at M9 $W. -37th Avenue-t r Mi mi FI ri 14
hereinafter called "DEVELOPER".
and
at 2299 S.W. 37th Avenue, 4th Floor, Miami, Florida 33145
hereinafter called "OWNER".
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WHEREAS, CITY is the owner and operator of a water treatment plant, together
with water distribution and sewage collection facilities known as "TAMARAC UTILITIES
WATER AND SEWER SYSTEM"; and
WHEREAS, DEVELOPER owns or controls certain real property in Broward County,
Florida as shown and described in Exhibit "A" attached hereto and made a part of hereof;
and all references made in this AGREEMENT to PROPERTY shall refer specifically to
DEVELOPER'S PROPERTY described in Exhibit "A" attached; and
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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 AGREEMENT setting forth the mutual
understandings and undertakings regarding the furnishing of said water 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 "B"; and
WHEREAS, the City Commission has approved this AGREEMENT and has
authorized the proper city officials to execute this AGREEMENT by motion passed at a
regular City Commission meeting on AB /L, M _, 19.T..
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
AGREEMENT who has an ownership interest in the PROPERTY. Is that interest fee
simple? X YES or NO. If no, then the nature of the interest is best described as
. If DEVELOPER is not the OWNER, then 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.
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PART II. DEVELOPER'S OBLIGATIONS
A. INSTALLATIONS IN COMPLIANCE.,WITH SPECIFIC; AT___ ION
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 Director of
Utilities, or his authorized representative; and said water distribution and sewage collection
lines shall be installed and connected to CITY's 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 mains, 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 Director of Utilities, IF
THIS AGREEMENT IS FOR (10) OR MORE ERC'S, DEVELOPER shall pay to CITY a
Plan Review Fee of $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.
B. NaPECTION 6ND SUPERVISION BY DEVELOPER'S ENGINEER
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 Director of Utilities
authorized representative. Should there be cause or reason for the DEVELOPER to
engage the services of a registered engineer (other than the design engineer) for
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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.
C. PREQONSTRUCTION MEETING
DEVELOPER and his Contractor shall arrange for and hold a preconstruction
meeting with the Director of Utilities or his 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.
D. WRITTEN APPR VAL OF THE DIRECTOR OF UTILITIES
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 Director of Utilities or his authorized representative.
Approved plans and permits must be on site at all times.
E. ENGINEERS PRESENT ATTESTS
During construction and at the time when periodic inspections are required,
the Director of Utilities 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.
F. COMPLIANCE WITH APPLICABLE LAWS
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 plans or
specifications.
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0 G. AS -BUILT RAWINGS
DEVELOPER shall, at his own expense 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
drawings shall be approved by the Director of Utilities authorized representative. As -Built
drawings shall be certified and sealed by the DEVELOPER' 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. CONTRIBUTION PAYMENTS FROM DEVELOPER
The contribution charges (both water and sewer) shall be calculated
is 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. The Developer's engineer of record will also supply to
the City, meter calculations on all non-residential meters based on the South Florida
Building Code tables 461, 46J and 46Q for meter sizes.
Payment of the contribution charges is a condition precedent to the execution of this
AGREEMENT. The contribution charges applicable for this AGREEMENT are summarized
as follows:
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CONTRIBUTION (WATER)
Residential # N/A Units X N/A ERC's Per Unit @ $1,205.00 Per ERC
Non -Residential # 13 ERC's @ $1�5 00 Per ERC
Total ERC's _. 1.3 (WATER) Total Contribution $_ 15,665,00
CONTRIBUTION SEWER
Residential # NNLA Units X N/A ERC's Per Unit @ $1 55 .00 Per ERC
Non -Residential # 6 ERC's @ $1 5^ 50.00 Per ERC
Total ERC's _ 6__ (SEWER) Total Contribution $ 9,300.00
The DEVELOPER has paid to the CITY the sum ofTw-Qnty Four Thousand,
Nine Hundred Sia Fiv dollars 24 9 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 Hawthorne, Finance Director
I. GUARANTEED REVENUES
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.
GUARANTEED REVENUES are due and payable monthly.
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 Broward County X 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.
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 a new account being established,
the GUARANTEED REVENUES shall resume.
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4. The parties acknowledge the GUARANTEED REVENUE payments
made by the DEVELOPER shall be considered as revenue (income).
J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE
NECESSARY
In addition to all other obligations 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.
K. DELINQUENT PAYMENTS. DEFAULT, NOTICE OF DEFAULT
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 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.
L. SANCTIONS AND PENALTIES
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 reserved plant capacity under this AGREEMENT may be
rescinded and forfeited.
2.
Commission.
3.
4.
the PROPERTY.
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The site plan for the PROPERTY is voidable by Resolution of the City
No final inspections shall be approved by CITY.
No Certificate of Occupancy shall be issued by CITY for any unit on
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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.
M. MISCELLANEOUS ADDITIQUAL OBLIGATIONS OF DEVELOPER
Prior to acceptance of the work required to be done, DEVELOPER shall,
without cost to CITY:
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 from 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'
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 right-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 BOND 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
961011 8 Wsdanp.wpd
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 test of the sanitary sewer
collection system performed one (1) month before 1- year warranty period expires.
6. Install cleanout on consumer's sanitary service in accordance with
current Utility Standard Detail.
PART III. CITY'S OBLIGATION
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 13 ERC's of water
service and 6 _ _ERC's of sewage treatment plant capacity for DEVELOPER.
B. SERVICE CONDITIONS ON LARGE USES AGREEMENT
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.
C. IMPOSSIBILI_TY TO PROVIDE SERVICE
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
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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.
PART IV. MUTUAL 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. ASSIGNME T F THIS 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
PROJECT after this AGREEMENT has been recorded in the Pubic Records of Broward
County, Florida. However, any other assignment or transfer of DEVELOPER' 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 to the GUARANTEED REVENUES set forth in Section I of
Part II herein.
B. REPEAL OF PRIOR 6QREEMENTS
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.
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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 parties as follows:
A. EXCLUSIVE_RIGHTSLF CITY
CITY shall have the exclusive right to furnish water service and sewage
collection service to consumers within the PROPERTY covered by this AGREEMENT.
B. WELLS PROHIBITED EX PT FOR IRRI TI N
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.
C. PROMULGATION OF REA ONABLE RULE5 QF SERVICE5
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 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 WATER AND SEWER
SYSTEM. DEVELOPER hereby acknowledges and agrees that the rates are subject to
change at any time by CITY.
D. CITY NOT LIABLE OR DEVELOPER'S OR CONSUMER'S PRQPERTY
CITY shall not be liable or responsible for maintenance or operation of any
pipes, pipelines, valves, fixtures or equipment 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.
0 961011 11 Wsdanp.wpd
�-17_�-Fy
J. SEVERABILITY
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.
1W 9UM:4=I=I8 =_ M1
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 HARMLESS PROVISION
. 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.
M. CONTROL OF CROSS CQNNEQIIONS AND BACK -FLOW
1. 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. POLICY
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,
0 and this Section.
961011 13 Wsdanp.wpd
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0 E. SYSTEM ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD
WORKINQ CONDITION
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.
F. -EFFECTIVE DATE
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.
G. OVER -SIZE METERS ON SINGLE FAMILY HQMES
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.
H. COUDITIONS -QN-FIRE HYDRANT USE
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 Director of Utilities has first
approved the use and the connection, and there has first been made adequate provisions
for compensating CITY for such water.
DISCLAIMER
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.
0 961011 12 Wsdanp.wpd
b. Any back -flow prevention assembly required herein shall be of
a model, type and size approved by the Director of Utilities 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 Director
of Utilities 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 Back -Flow Prevention Detail
Sheet, which is available at the Tamarac Utilities Department,
prior to the installation of the 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.
h. Annual (or at intervals determined by Director of Utilities 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 Director of Utilities) by a State certified back -flow
tester at DEVELOPER/OWNER expense. The
0 DEVELOPER/OWNER will be responsible for insuring that
961011 14 Wsdanp.wpd
•
proper plumbing permits have been obtained and fees paid.
N. WELLFIELD PROTECTION
DEVELOPER acknowledges that property described in Exhibit "A" l
within a Broward County Protected Well Field zone of influence per Broward County
Ordinance 84-60 or within an existing or proposed well field zone of influence as
determined by Tamarac Director of Utilities. 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. PROHIBITED HAZABDOUS MATERIALS
DEVELOPER acknowledges that Broward County and the City of Tamarac
have ordinances that prohibit discharge of hazardous materials into the sanitary sewer
system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85-52). 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.
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:
FFQR QITY OF TAMARAC:
City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
Antonio O. Fraga, President
FIRC Management, Inc.,
2299 SW 37th Ave, 4th Floor
Miami, Florida 33145
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.
961011 15 Wsdanp.wpd
i y
PART VII. ADDITIONAL PROVISIONS
A. EXHIBITS
The following exhibits are attached, as part of this Agreement and are
incorporated into this Agreement:
EXHIBIT "A" - Legal Description and Legal Sketch on an 8-1/2inch by
11- inch page of the PROPERTY
EXHIBIT "B" - Receipt from third party for a portion of contribution
charge:
Included Not Included X
EXHIBIT "C" - A sketch 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, the meter size(s) and a payment schedule
of phasing (if applicable).
EXHIBIT "E" - Modification of CITY's water or sewer facilities if
required by the Director of Utilities, if applicable.
Included Not Included X
0 961011 16 Wsdanp.wpd
•
•
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year indicated below:
Signed, sealed and
delivered in the presence of:
�ATTE�ST:
iB1 1 •r•- s 17�
Y•
Robert S. Noe, Jr.,
City Manager
ATTEST:
By:
a:k42Z��)
Carol A. Evans, CIVIC
City Clerk
STATE OF FLORIDA
SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
BY: ome/ca
Job hreiber
Mayor
D April 30, 1997
Robert S. Noe, Jr.,
City Manager
Date: A2ril 30, 1997
City Attorney
COUNTY OF ___BRowARD :
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
Joe Schreiber & Robert S. Noe, 16 Me known to be the person(s) described in and who
executed the foregoing instrument and _ They acknowledged before me and under
oath that They executed the same.
WITNESS my hand and official seal this 3o day of _ __ April
199 7 . &�la le a
,paY pVB OFFICIAL NOTARY SEAL NOTARY PUBLIC, Mate of Florida
O !i PHYLLIS POLIKOFF
* COMMISSION NUMBER
qC CC390392
MY COMMISSION EXP.
F0' P-0 SEPT 23 1998
( x) Personally known to me, or
( ) Produced identification
at Large
Phyllis Polikoff
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or IK3 DID NOT take an oath.
0 961011
17
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ATTEST:
WITNESS
Type me Antonio raga
S
Type Name Antonio Yip _
STATE OF FLORIDA
COUNTY OF DADE
DEVELOPER
Type NamZ itle AntBnio 0. Fraga / 'Ttr.QS
McNab J.V.
Fraga Limited VII, a Florida Partnership
By: FIRC Management, Inc.,
its general partner
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
_Antonio 0. Fraga ___ __ _ _ __ __ _ _ _ _ to me known to be the person(s) described in and
who executed the foregoing instrument and He acknowledged before me and under
oath that He executed the same.
411
WITNESS my hand and official seal this day of �ja
199k.
�. �M�ssioroF�a,9 51 NOTA Y PUBLIC, State of lorida
�J at Large
=� VCC 302399 ;�o x` A JA(�( J�
�' ' �� °Q�(Name of Notary Public: Print
L 4a,,,rrrrrrIm% Stamp, or Type as Commissioned)
( L4-1!7e-rsonally know to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( r ) DID NOT take an oath.
ATTEST:
961011
MORTGAGEE (If Applicable)
Wsdanp.wpd
e-9Tgy
•
•
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the
day and year first above written. in order to consent hereto as Mortgagee only.
ATTE . 7
i
Type Name &2),C- WT L , f F ! c-L.
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
CKi111�»'L�l
MORTGAGEE
UNITED NATIONAL BANK
By: �
Type Name Eric J. Toth
PARSiderA Asst. Vice President
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 Eric J .
Toth, Asst._ Vice President * to me known to be the person(s) described in and who
executed the foregoing instrument and acknowledged before me and under oath that
executed the same.
199
WITNESS my hand and official seal this �4day of ,
7
*of United National Bank
Zf�rge
9RY PUBLIC, St a of Florida
a
Vf'Personally know to me, or
) Produced identification
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
) DID take an oath, or ( ✓f DID NOT take an oath
961011
19
OFFICIAL NJrARY SEAL
TANIA C FERREIRO-AGUTAR
NOTARY PUBLIC STAR OF FLORIDA
COMMISSION NO. CC334227
MY COMMISSION EXP. DEC. 6,1997
Wsdanp.wpd
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ATTEST: 00/
WITNESS
Type Name Antonio C. Fra a
W
Type Name Antoni Yip
61�
COUNTY OF DADE
Owner
By: —
Type Name/Title A[Itgnio Q._Fraga / i,rEs (Oaa.T
McNab J.V.
Fraga Limited VII, a Florida Partnership
By: FIRC Management, Inc.,
its general partner
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
-Antonio O. Fragg
to me known to be the person(s) described in and
who executed the foregoing instrument and _
He _ acknowledged before me and under
oath that He executed the same.
WITNESS my hand and official
seal this -J!J�day of 0►�3 t
�. \``►►u►unurrrr� 19
QONA .....
•'ejM15SIpyF %9'ir�
NOT a Y PUBLIC, Sta of orida
__ c���sr zs ���,9� Y
at Large
-�.+�• ACC 302399 � v��
'��,�yp•oyFanelnsu�a:•'��°�`
•.......•
(Name of Notary Public: Print,
.,,�r� of ��.
Stamp, or Type as Commissioned)
( ersonally know to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( ✓) DID NOT take an oath.
961011
20
Wsdanp.wpd
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� _ O : / Exhibit A
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SURVEY NOTES:
I. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY,EASEMENTS,
OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF 'UNIVERSITY AND McNAB PLAT"
P.B. 135, PAGE 2, BROWARD COUNTY RECORDS) WITH A REFERENCE BEARING OF SOUTH
89' 01' 50' EAST ALONG THE CENTERLINE OF McNAB ROAD.
4. THE 'LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH.
6. THIS SKETCH DOES NOT A CONSTITUTE A FIELD SURVEY AS SUCH.
LAND DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST', ACCORDING TO THE
PLAT OF 'FQRT LAUDERDALE TRUCK FARMS', AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE NORTH 00'12'16" WEST, ALONG THE
EAST LINE THEREOF, 53.01 FEET; THENCE NORTH 89'01'50" WEST, PARALLEL WITH AND 53 FEET NORTH
OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 4, A DISTANCE OF 720.01
FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 89'01'50" WEST, 200.00 FEET; THENCE
NORTH 00'58'10" EAST, 300.00 FEET; THENCE SOUTH 89'01'50' EAST, 193.86 FEET; THENCE SOUTH
00'12'16" EAST, 300.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. CONTAINING 59.067 SQUARE
FEET, (1.356 ACRES) MORE OR LESS.
CERTIFICATE:
IHEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION AS
DELINEATED UNDER MY DIRECTION ON NOVEMBER 19, 1996. 1 FURTHER CERTIFY THAT THIS SKETCH
OF DECSRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE
PURSUANT TO SECTION 472.027. FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
KEITH AND SCHNARS, P.A.
ENGI,IEERS ,PLANNERS -SURVEYORS
WBY: K P. WEBER, P.L.S.
IDA REGISTRATION NO.4323
SKETCH OF DESCRIPTION
A PORTION OF TRACT 17, TT LAUDERDALE
TRUCK FARMS SUBDIVISION OF SECTION 4,
TOWNSHIP 49 SOUTH, RANGE 41 EAST' (P.S. 4,
PG. 31, e.C.RJ
CITY OF TAMARAC, BROWARD CO., FLORIDA
DATE 11/19/96
SCALE 1"=50'
FIELD BK. N.A.
DWNG.BY V.C.
CHK, BY J.P.W.
DATE
REVISIONS
o gEITH rtnd SCHNARS, P.A.
ENGINEERS - PLANNERS - SURVEYORS
csppKrSLLr�1.ut[EroMFRyppL-yltgSatK4s
SHEET N0, I OF 2 SHEETS
DRAWING NO. I5393L—
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SCALE: (P.B. 77, PG. 48, E3,C.R)
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SOUTH LINE 'ACADEMY HILLS'
(P.B. 77, PG. 48. B.C.R.)
589'01'50'E 193r86'
EAST LINE 'PARCEL
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LEGEND
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• BROWARD COUNTY RECORDS
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OFFICIAL RECORD BOOK
4-49-41
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POINT OF BEGINNING
SKETCH OF DESCRIPTION
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TRUCK FARMS SUBDIVISION OF SECTION 4,
TOWNSHIP 49 SOUTH, RANGE 41 EAST' (P.B. 4,
PG. 31. B.C.R.)
CITY OF TAMARAC, BROWARD CO.. FLORIDA
DATE 11/19/96
SCALE 1'=50'
FIELD BK. N.A.
DWNG. BY Y.C.
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DATE
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EXHIBIT D
M RAQ MTEE AND $E18JER AQREEMENT
DEVELOPMENT McNab Marketplace (Winn Dixie)
METER SCHEDULE FOR NON-RESIDENTIAL USE
OF ERC'S
WATER
SEWER
TOTAL
NO. OF
METER
LOT #
# OF UNITS
WATER SEWER
-CIAC F
EES
CIAO FEES
METERS
SIZE
Winn Dixie
1
5 5
$6,025.00
$7,750.00
$13,775.00
1
1-1/2"
Irrigation
1
8 -
$9,640,00
$0,00
$9,640.00
1
2"
Dumpster
1
- 1
$0,00
$1,550.00
$1,550.00
-
Total
13 6
$15,665,00
$9,300.00
$24,965.00
2
1 DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = _�ERC'S (SEWER)
TOTAL ERC'S 13 (Water) 6 (Sewer)
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER 1.952 LF AT 8" DIAMETER
---A34 LF AT 6" DIAMETER AT _ DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. 18B
0 961011
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6 ERC'S :- 8.902 SITE ACRES = 0.67 ERC'S /SITE ACRE
-0
•
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.
SEAL P.E. # 49332,
TYPE NAME />CT 4, 4466 U
961011 23 Wsdanp.wpd