HomeMy WebLinkAboutCity of Tamarac Resolution R-88-206� lI
r I 2238
--7---7CITY OF YAMAPAC � Temp. Reso. #5121 W• 88th A\/E� J
RIDA 33321
1 TAMARAG, FLO CITY OF TAMARAC, FLORIDA
City Clerks Dept.
2 RESOLUTION NO. R-88
3 A RESOLUTION DECLARING A WATER AND SEWER
4
5
8
9
10
11
12
13
14
15
16
17
21
22
23
24
25
26
27
28
29
DEVELOPERS AGREEMENT WITH SCHMIDT
INDUSTRIES, INCORPORATED, FOR ISLES OF
TAMARAC, IN DEFAULT FOR LOTS 3 & 5,
BLOCK 373; AND PROVIDING AN EFFECTIVE
DA',: E.
WHEREAS, the City entered into a Water and Sewer
Developers Agreement with Schmidt Industries, Incorporated,
for the property known as Isles of Tamarac, which agreement
was dated August 31, 1977; and
WHEREAS, Schmidt Industries, Incorporated, has failed to
pay the Guaranteed Revenues and Interest, as required by this
Agreement, for a total of $203.00; and
WHEREAS, the City Council wishes to declare this Agree-
ment in default.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
Ca
SECTION 1: That the Water and Sewer Developers Agreement
dated August 31, 1977, between the City and Schmidt
Industries, Incorporated, for Isles of Tamarac, Lots 3 & 5,
Block 373, is hereby declared in default due to failure to
7r.)
,:Wc
pay Guaranteed Revenues and Interest in a total amount of --
J1
$203.00.
SECTION 2: That the City Clerk is hereby directed to
record this Resolution in the public records of Broward Qn
County, Florida. G,)
SECTION 3: That the City Clerk is hereby directed to
transmit a certified copy of this Resolution to Schmidt
Industries, Incorporated.
SECTION 4: This Resolution shall become effective
immediately upon adoption, a`
PASSED, ADOPTED AND APPROVED this day of , 19Na).,,
°L C.
%J NORMAN ABRAMOWITZ ,` - �•.� `.
MAYOR
CAROL E. BARBUTO RECORD OF COUNCIL. VOTE, -
CITY CLERK
MAYOR ABRAMOWITZ
I HEREBY CERTIFY that I have DISTRICT 1: C/M RdHR
approved this RESOLUTION as to 40
form. DISTRICT,2: V/M ST IZER
of
1 DISTRICT 3: C/M HgFFMAN r
RICHARD D ODY a "'
CITY ATTORNEY DISTRICT 4: C/M B NDER / .
�/ V
, So . yk—A,4 � 1
A G R E E M E N T
(DEVELOPER)
ABA Isles of Tamarac
(Westwood #7)
THIS AGREEMENT made and entered into this 31st day of
10 August _ , 1977 , by and between
hereinafter referred to as "Developer" and
TAMARAC UTILITIES, INC., a Florida corporation, hereinafter referred
to as "Service Company".
0
WHEREAS, Developer owns or controls lands located in Broward
County, Florida, and described in Exhibit "A", attached hereto and thereby
made a part hereof as if fully set out in this paragraph and hereinafter
referred to as "Property", and Developer has or is about to develop the
Property by erecting thereon single family residential, multi --family
apartment buildings, and/or commercial improvements; and,
WHEREAS, in order to meet the financing and general requirements of
certain private agencies and certain Federal, State and Local governmental
agencies, such as, but not limited to, the State Board of Health, the Veterans'
Administration, the Federal Housing Administration, and private lending
institutions, it is necessary that adequate water and sewage facilities and
services be provided to sere- the Property and to serve the occupants of
each residence, building, or unit constructed or located on the Property; and,
WHEREAS, Developer is not desirous of providing water and sewage
facilities to serve the Property, but is desirous of promoting the construction
of central water and sewage facilities by Service Company so occupants of
each residence, building, or unit constructed or located thereon will receive
adequate water and sewage service; and,
WHEREAS, Service Company is willing to provide, in accordance with
the provisions and stipulations hereinafter set out, central water and
sewage facilities, and to extend such facilities by way of water distribution
mains and sewage collection mains,. and to thereafter operate such facilities
so that the occupants of each residence, building, or unit constructed on
the Property will receive an adequate water supply and sewage disposal service
from Service Company;
NOW THEREFORE, for and in consideration of the premises and the
mutual undertakings and agreements herein contained and assumed and the
furnishing of additional services by Service Company as required by Developer
in the development of the land described in Exhibit "A" hereto, the Developer
and Service Company hereby covenant and agree as follows:
-1-
0
i
•
Y�- Yd=-10/, 1
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the
purpose of interpreting the terms as used in this agreement and
apply unless the context indicates a different meaning:
(a) "Pro ert " - all the land described in Exhibit "A" and
all the land to which Service Company actually provides
water or sewage service;
(b) "Stage Area" - refers to a part of the Property which is
being or is to be developed as a unit;
(c) "Lot or Tract" - each building site as platted for record
or as shown on the master plan and plat.
(d) "Service" - the readiness and ability on the part of
Service Company to furnish water or sewage service to each
lot. Thus, the maintenance by Service Company of adequate
pressure at the point of delivery shall constitute the
rendering of water service, and the maintenance of a
connection providing for the removal and disposal of sewage
shall constitute the rendering of sewage service. Sewage service
refers to sanitary sewer service;
(e) "Point of Delivery" - the point where the pipes or meters
of Service Company are connected with the pipes of the consumer.
Unless otherwise indicated, point of delivery shall be at a
point on the consumer's lot line;
(f) "Consumer Installation" -- all facilities on the consumer's
side of the point of delivery;
(g) "Contribution in Aid -of -Construction" - the sum of money,
and/or property, represented by the value of the water distri-
bution and sewage collection systems constructed by Developer,
which Developer covenants and agrees to pay to Service Company
as a contribution in aid -of -construction to induce Service
Company to provide the water and sewage service to the Property.
(h) "State Board of Health" -- refers to the Florida State
Department of Health and Rehabilitative Services or its successor.
(i) "Water and Sewer Facility" - all or any part of the complete
water distribution and/or sewage collection system, including
pipes, mains, valves, appurtenances, pumping or lift stations.
3. Developer hereby grants and gives to Service Company, its
successors and assigns, the exclusive right or privilege to construct, own,
maintain, and operate the water and sewer facility to serve the Property;
and the exclusive right or privilege to construct, own, maintain, and operate
said facilities in, under, upon, over and across the present and future
streets, roads, terraces, alleys, easements, reserved utility strips and
utility sites, and any public place as provided and dedicated to public use.
in the record plats, or as provided for in agreements, dedications, or grants
made otherwise and independent of said record plats.
-2-
Developer hereby further agrees that the foregoing grants include
the necessary right of ingress and egress to any part of the Property; that
the foregoing grants shall be for such period of time as Service Company or
its successors or assigns require such rights, privileges or easements in
the construction, ownership, maintenance, operation or expansion of the
water facility and the sewage facility; that in the event Service Company
is required or desires to install any of its water or sewage facilities in
lands within the Property lying outside the streets and easement areas described
above, then Developer or the owner shall grant to Service Company without cost
or expense to Service Company the necessary easement or easements for such
"private property" installation; provided all such "private property" install-
ation by Service Company shall be made in such a manner as not to interfere
with the then primary use of such private property. Service Company covenants
that it will use due diligence in ascertaining all easement locations; however,
should Service Company install any of its facilities outside a dedicated
easement area, Developer, the successors and assigns of Developer, covenant
and agree that Service Company will not be required to move or relocate any
facilities lying outside a dedicated easement area so long as the facilities
do not interfere with the then or proposed use of the area in which the
facilities have been installed.
Service Company hereby agrees that all easement grants will be
utilized in accordance with the established and generally accepted practices
of the water and the sewage industry with respect to the installation of all
its water and sewage facilities in any of the easement areas; and that
Developer or Developer's successors or assigns in granting easement herein,
or pursuant to the terms of this instrument, shall have the right to grant
exclusive or non-exclusive rights, privileges and easements to other persons,
firms or corporations to provide to the Property any utility services other
than water service or sewage service.
Developer, as a further considerationof this agreement and in
order to effectuate the foregoing grants to Service Company hereby places
the following covenant, as a covenant running with the land, upon the Property
and thereby subjecting it to a reservation, condition, limitation or restriction
in favor of Service Company, as follows:
"TAMARAC UTILITIES, INC., or, its successors, has the sole and
exclusive right to provide all water and sewage facilities and services to
the Property described in Exhibit "A" and to any property to which water or
sewage service is actually rendered by Service Company. All occupants of any
residence, building, unit or improvement erected or located on the Property,
and all subsequent or future owners or purchasers of the Property, or any
portion thereof, shall receive their water and sewage service from the aforesaid
corporation, or its successors, and shall pay for the same in accordance with
the terms, conditions, tenor and intent of this agreement, for so long as the
aforesaid corporation, or its successors, provide such services, or either
of them, to the property; and, all occupants of any residence, building, unit
or improvement erected or located on the Property, and all subsequent or future
owners or purchasers of the Property, or any portion thereof, agree by
occupying any premises on the Property or by recording any deed of conveyance
with respect to the Property that they will not construct, dig, build or
otherwise make available or use water service or sewage service from any
source other than that provided by "Service Company". however, there is
excluded from this restriction any water well or water source used solely
and exclusively for the purpose of supplying water for air conditioning, or
0 irrigation on the Property."
-3-
KIN)
00
.91
tv
un
N
O"N
F
r.
• f;
Further, in in order to give an additional and supplementary notice
to all the future owners of any of the Property of the rights of Service
Company to provide the Property with water and sewage facilities and services
and the Developer hereby covenants and agrees to have the above restrictive
covenant included in the general subdivision restrictions and to place the
same of record in the Public Records of the jurisdiction in which the Property
is Located.
4. Upon the continued accomplishment of all of the prerequisites
contained in this agreement to be performed by the Developer, Service Company
covenants and agrees that it will connect the water distribution and sewage
collection facilities,installed by Developer to the central water and sewage
facilities of Service Company in accordance with the terms and intent of
this agreement. Such connection shall at all times be in accordance with
rules, regulations and orders of the Department of Health and Rehabilitative
Services. Service Company agrees that once it provides water and sewage
services to the property and Developer or others have connected consumer
installations to its systems, that thereafter Service Company will continuously
provide, at its cost and expense, but in accordance with the other provisions
of this agreement, including rules and regulations and rate schedules, water
service and sewage service to the property in a manner to conform with all
requirements of its systems, that thereafter Service Company will continuously
provide, at its cost and expense, but in accordance with the other provisions
of this agreement, including rules and regulations and rate schedules, water
service and sewage service to the Property in a manner to conform with all
requirements of the State Board of Health and other governmental agencies
having jurisdiction over the water supply and sewage disposal operations of
Service Company.
5. I! is the intention of the parties in entering into this agreement
that the Developer grants to Service Company the exclusive right and privilege
to provide all the land set forth in Exhibit "A" consisting of approximately
85+ acres with water and sewage facilities and services.
6. To induce Service Company to provide the water treatment facilities
and sanitary sewage treatment facility, and to continuously provide consumers
located on the Property with water and sewer services, Developer hereby
covenants and agrees to construct and to transfer ownership and control to
Service Company as a contribution in aid -of -construction the on -site water
distribution and sewage collection systems referred to herein as a contribution
in aid -of --construction.
Developer shall cause to be prepared engineering plans prepared by
and sealed by a professional engineer registered in the State of Florida,
CO
showing the on -site water distribution system and sewage collection system
proposed to be installed to provide service to consumers within the subject
(_n
property. Such detailed plans may be limited to the first stage area only
00
and subsequent stages may be furnished from time to time. However, each such
N
stage area shall conform to a master plan for the development of the Property
o
and such master plan shall be submitted to Service Company concurrent with
o�
or prior to submission of engineering for the first stage. Developer shall
C.f1
cause his engineer to submit specifications governing the material to be used
t�J
and the method and manner of installation. ALL such plans and specifications
�•a.
submitted to Service Company's engineer shall be subject to the approval of
Service Company and no construction shall commence until Service Company has
approved such plans and specifications in writing. Service Company's engineer
shall notify Developer of the approval of Developer's plans, or, in the event
such plans are disapproved, shall state in writing, the reasons for such
disapproval, within 20 working days from the date such plans are received by
Service Company's engineer. In the event Service Company's engineer does not
-4-
/L -O p- -Tw
advise Developer of plan approval or disapproval after said 20 working days,
Developer's plans shall be deemed to be approved. Complete as -built plans
shall be submitted to Service Company upon completion of construction.
After the approval of plans and specifications, Developer shall cause.to
be constructed, at Developer's own cost and expense, the water distribution
and complete sewage collection systems as shown on the plans and specifications.
Such complete sewage collection system shall include any and all lift
and/or pump stations on the Property of Developer, and for Developer's
sole and exclusive use, required to transmit sanitary sewage to the treatment
0 plant of Service Company.
Developer shall be required to pay the applicable charge
(as set by Service Company from time to time) for water meters and meter
installations of sufficient capacity for all single family residential,
multi -family, commercial installation or any other connection requiring a
measuring device. A schedule of meter charges has been attached hereto
and marked as schedule of Exhibit "B".
During the construction of the water distribution and sanitary
sewage collection systems by Developer, Service Company shall have the right
to inspect such installation to determine that all installations are in fact
being made in accordance with the plans and specifications. Service Company
shall control the quality of the installation and further shall be entitled
to perform standard tests for infiltration, exfiltration, line and grade and
all other normal engineering tests to determine that the systems have been
installed in accordance with the plans and specifications and good engineering
practices. Developer agrees to pay to Service Company, or Service Company's
authorized agent, the amount set forth in Exhibit "C" to cover the cost of
inspection of installations made by Developer or Developer's contractor.
Provided that Service Company shall be ready, willing and able to
render service to Developer, by these presence, Developer hereby transfers to
Service Company, title to all water distribution and sewage collection systems
installed by Developer or Developer's contractor, pursuant to the provisions
of this agreement. Such conveyance to take effect without further action upon
the acceptance by Service Company of the said installation. As further evidence
of said transfer of title, and upon the completion of the installation and
prior to the rendering of service by Service Company, Developer shall convey
to Service Company, by Bill of Sale, in form satisfactory to Service Company's
counsel, the complete on -site water distribution and sewage collection system
as constructed by Developer and approved by Service Company. Developer shall
further cause to be conveyed to Service Company, all easements and/or rights -
of --way covering areas in which sewer and water lines are installed by record-
wIpq
able document in form satisfactory to Service Company's counsel. Developer
shall also convey by warranty deed, any and all lift station or pumping
cn
CO
station sites forming an integral part of the sewage collection system. All
P*
conveyance of easements, rights--of-way or warranty deeds shall be accompanied
no
by a title policy or other evidence of title satisfactory to Service Company,
establishing Developer's right to convey such easements, rights -of --way or
warranty deeds and further evidencing Service Company's right to the contin-
c-n
uous enjoyment of such easements, rights -of -way or warranty deed properties
to the exclusion of any other person in interest. The use of easements
granted by Developer shall include the use by other utilities so long as
such uses by electric, telephone or gas utilities do not interfere with the
use by Service Company. Service Company agrees that the acceptance of the
water distribution and sewage collection systems, installed by Developer, for
service, or by acceptance of the Bill. of Sale or Warranty Deeds, shall constitute
the assumption of responsibility by Service Company for the continuous operation
and maintenance of such systems from that date forward. Mortgagee, if any,
holding prior liens on such properties shall be required to release such liens,
subordinate their position or join in the grant or dedication of the
-5-
rc--2(3,�
easements, rights -of -way or warranty deeds.
sewage collection facilities, save and except
shall be covered by easements, rights -of -way
station sites, by warranty deeds.
All water distribution or
consumer installations,
or, in the case of lift
Whenever the development of the subject property involves one
consumer or a unity of title of several consumers and in the opinion of
Service Company, ownership by Service Company of the internal water distri-
bution and sewage collection system is not necessary then, at the option of
Service Company, Developer shall retain ownership and the obligation for
maintenance of such on -site facilities as consumer installations. Whenever
Developer retains ownership and the obligation to maintain on -site facilities
then, in that event, Service Company may impose reasonable requirements to
assure that infiltration into the sewage collection system is at all times
within allowable limits. Developer shall repair, at its own cost and expense,
the internal sewage collection system to avoid, at all times, excessive infiltra-
tion into such on -site sewage collection system.
In addition to the contribution of the internal water distribution
and sewage collection systems and further to induce Service Company to provide
water treatment and waste water treatment plant capacities, Developer hereby
agrees to pay to Service Company as a further contribution in aid -of --construction,
the sums of money set forth on Exhibit "C" attached hereto and made a part hereof.
The payment by Developer of the sum set forth in Exhibit "C" in accordance with
the times and the manner set forth therein shall be considered essential to
the continued performance by Service Company of the terms and conditions of
this agreement. As used in this agreement, the term "contribution in aid -of -
construction" shall mean both the contribution of lines and the contribution
of monies set forth in Exhibit "C".
Payment of the contribution in aid--of-construction does not and will
not result in Service Company waiving any of its rates, rate schedules or rules
and regulations, and their enforcement shall not be affected in any manner
whatsoever by Developer making the contribution. Service Company shall not be
obligated to refund to Developer any portion of the value of the contribution
for any reason whatsoever, nor shall Service Company pay any interest or rate
of interest upon the contributions. Except as may be specifically provided
herein.
Neither Developer nor any person or other entity holding any of the
Property by, through or under Developer, or otherwise, shall have any present
or future right, title, claim or interest in and to the contributions or to
any of the water or'sewage facilities and properties of Service Company, and
all prohibitions applicable to Developer with respect to no refund of contri-
butions, no interest payment on said contributions and otherwise, are applicable
to all persons or entities.
Any user or consumer of water service or sewage service shall not be
entitled to offset any bill or bills rendered by Service Company for such service
or services against the contributions. Developer shall not be entitled to offset
the contributions against any claim or claims of Service Company.
7. Within a period of fifteen (15) days after the execution of this
contract, at the expense of Developer, Developer agrees to either deliver to
Service Company an Abstract of Title brought up to date, which abstract shall
be retained by Service Company, and remain the property of Service Company, or
to furnish Service Company, at Developer's expense, an opinion of title from a
qualified attorney -at --law with respect to the Property, which opinion shall include
a current report on the status of the title setting out the name of the legal
title holders, the outstanding mortgages, taxes, liens and covenants. The
provisions of this paragraph are for the purpose of evidencing Developer's
legal right to grant the exclusive rights of service contained in this
agreement. Any mortgage or lien holder having'an interest in the property
shall be required to join in the grant of exclusive service rights set forth
in this agreement.
Z-1-17
CO
ry
-0
c-n
P"J
-6-
rc JQ _;W61
8. The parties hereto recognize that prior to the time Service
Company may actually commence upon a program to carry out the terms and
conditions of this agreement, Service Company must obtain approval from
various State and Local governmental authorities having jurisdiction and
regulatory power over the construction, maintenance and operation of water
and sewage facilities. If the Property is not under franchise or certificate
to others, then Service Company agrees that it will diligently and earnestly
at its expense make the necessary and proper applications to all governmental
authorities and will pursue the same to the end that it will use its best
efforts to obtain such approvals. Upon Service Company's final, approval
of the plans for Developer's water distribution and sewage collection
systems, it shall, be the responsibility of the Developer's design engineer
to forward such plans to the appropriate regulatory agencies for their approval.
9. Developer agrees with Service Company that all water facilities
and sewer facilities used, useful or held for use in connection with pro-
viding water service and sewage service to the Property, shall at all times
remain in the sole, complete and exclusive ownership of Service Company, its
successors and assigns, and any person or entity owning any part of the
Property or any residence, building, or unit constructed or located thereon,
shall not have any right, title, claim or interest in and to such facilities,
or any part of them, for any purpose, including the furnishing of water or
sewage services to other persons or entities located within or beyond the
limits of the Property.
10. Developer, as a further and essential consideration of this agree-
ment, agrees that Developer, or the successors and assigns of Developer,
shall not (the words "shall not" being used in a mandatory definition)
engage in the business or businesses of providing water or sewage services
to the Property during the period of time Service Company, its successors
and assigns, provide water or sewage services to the Property, it being
the intention of the parties hereto that under the foregoing provision and
also other provisions of this agreement, Service Company shall have the
sole and exclusive right and privilege to provide water and sewer services
to the Property and to the occupants of each residence, building or unit
constructed thereon.
11. Service Company agrees that the charges for service availability
and the rates to be charged to Developer and individual consumers of water
service and sewage service shall be those set forth in the tariff of Service
Company and Extension Policy approved by the Florida Public Service Commission.
However, notwithstanding any provision in this agreement, Service Company,
cat
its successors or assigns, may establish, amend or revise from time to
CO
time in the future and enforce charges, rates or rate schedules so established."
However, such charges, rates or rate schedules shall at all times be reasonable
and subject to the regulation of the Public Service Commission, if applicable,
Ga
or as may be provided by law. Rates charged to Developer or consumers
located upon the Property shall at all times be identical to rates charged,
cn
for the same classification of service, as are or may be in effect through-
out the service area of Service Company. Exhibit "D", Guaranteed Revenue
Q
Agreement, shall be considered an integral part of this Developer Agreement.
Notwithstanding any provision in this agreement, Service Company
may establish, amend or revise from time to time in the future and enforce
rules and regulations covering both water service and sewage service to the
Property. However, all such rules and regulations so established by Service
Company shall at all times be reasonable and subject to such regulations as
may be provided by law or contract.
-7-
j
Any such initial or future lower or increased charges, rates,
rate schedules, and rules and'regulations established, amended, or
revised and enforced by Service Company from time to time in the future,
shall be binding.upon Developer; upon any person or other entity holding
by, through or under Developer; and upon any user or consumer of the
water service and sewage service provided to the Property by Service Company.
12. Developer, or any owner of any parcel of the Property, or any
occupant of any residence, building, or unit located thereon, shall not
have the right to and shall not connect any consumer installation to
the water or sewer facilities of Service Company until formal written
application has been made to Service Company by the prospective user
of water service and sewage service, or either of them, in accordance
with the then effective rules and regulations of Service Company and approval
for such connection has been granted.
Although the responsibility for connecting the consumer installa-
tion to the lines of Service Company at the point of delivery is that of
the Developer or others than Service Company, with reference to such
connections the parties agree as follows:
(a) All consumer installation connections must be
inspected by Service Company before backfilling and
covering of any pipes;
(b) Notice to Service Company requesting an inspection
of a consumer installation connection may be given by
the Plumber or Developer and the inspection will be
made within twenty-four (24) hours;
(c) If the Developer does not comply with the foregoing
. inspection provisions, Service Company may refuse service
to a connection that has not been inspected until Developer
complies with these provisions.
11
The parties hereto further agree that the costs or expenses of
constructing all consumer installations and all costs and expenses of operating,
repairing and maintaining any consumer -installation shall be that of Developer
or others than Service Company.
13. This agreement shall be binding upon and shall inure to the benefit
of Developer, Service Company and their respective assigns and corporate
successors by merger, consolidation or conveyance. However, in the event
Developer has not paid for and delivered to Service Company the contribution
in aid -of --construction provided to be delivered to Service Company by
Developer under the terms of this agreement, then this agreement shall not be
sold, conveyed, assigned, transferred or otherwise disposed of by Developer
without the written consent of Service Company first having been obtained.
However, Service Company agrees not to unreasonably withhold such consent.
14. Until further written notice by either party to the other, all
notices provided for herein shall be in writing and transmitted by messenger,
by mail or by telegram, and if to Developer, shall be mailed or delivered
to Developer at:
and, if to Service Company, shall be mailed or delivered to it at:
11
15. The rights, privileges, obligations and covenants of Developer
and Service Company shall survive the completion of the work of Developer
with respect to completing the water and sewer facilities and services
to any stage area and to the Pruperty as a whole.
16. This agreement supersedes all previous agreements or represent-
ations, either verbal or written heretofore in effect between Developer
and Service Company, made with respect to the matters herein contained,
and when duly executed, constitutes the agreement between Developer and
Service Company. No additions, alterations, or variations of the terms
of this agreement shall be valid, nor can provisions of this agreement
be waived by either party unless such additions, alterations, variations
or waivers are expressed in writing and duly signed.
This agreement shall be governed by the laws of the State
of Florida and it shall be and become effective immediately upon execution
by both parties hereto. This agreement shall be filed for record with the
Florida Public Service Commission upon its execution.
In the event the Service Company or Developer is require to
enforce this agreement by court proceedings or otherwise, by instituting
suit or otherwise, then the Service Company or Developer shall be entitled
to recover all costs incurred, including reasonable attorney's fees.
IN WITNESS WHEREOF, Developer and Service Company have
executed or have caused this agreement, with the named Exhibits attached,
to be duly executed in several counterparts, each of which counterpart
shall be considered an original executed copy of this agreement.
0 WITNESS AS TO DEVELOPER:
0
(DEVELOPER)
SCHMIDT INDUSTRIES, INC.
BY:
WITNES,$.^.AS TO SERVICE CO.: T�& AC UTILITIES, INC.
C. G ATTEST:
- 9-
BY:
ATTEST:
MORTGAGE JOINDER
(If Applicable)
C"
µ
m
C. M
C. j
is a a�-% M
0
NOTARY CERTIFICATES
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY THAT ON this 3 day of
before me personally appeared SA`kL, S c—` ^^' to
me known to be the person who signed the foregoing instrument for the
uses and purposes therein mentioned.
WITNESS my signature and official seal at
said County and State, the day and year last aforesaid.
otary Publ
Enr1res 14!5. 15, 1:30
Son'gd By Amwiwo Fire & Casually C[mppuy,
STATE OF FLORIDA
COUNTY OF BROWARD
11
I HEREBY CERTIFY THAT ON this ,�Aal da of �cl a-� 1977 ,
before me personally appeared/
r�o �J and
spectivel�f T MARAC UTILITIES, INC.,
a corporation under the laws of Florida, to me known to be the persons
who signed the foregoing instrument as such officers, and each of whom
acknowledged the execution thereof to be their free act and deed as
such officers for the uses and purposes therein mentioned, and they
affixed thereto the official seal of said corporation, and that the said
instrument is the act and deed of said corporation, such execution having
been authorized by the governing body thereof.
• WITNESS my signature and official seal at
said County and State, the day and year last aforesaid.
Notary PutAic
`,, ,'^.., ,. .:i •.f" F, nee. ,;.. ��:G` e�. S`-:(flr
STATE OF FLORIDA
COUNTY OF
I HEREB CERTIFY THAT ON this day of 19
before me person y appeared
and
respectively, of
a corporation under the 1 s of the State of Florida, to me known to be
the persons'who signed the egoing instrument as such officers, and
each of whom acknowledged the a cution thereof to be their free act
and deed as such officers for the ses and purposes therein mentioned,
and they affixed thereto the officia seal of said corporation, and the
said instrument is the act and deed of id corporation, such execution
having been authorized by the governing bo thereof.
WITNESS my signature and official seal at
said County and State, the day and year last aforesa
Notary Public
Im
1ev6 a
11
11
0
LEGAL DESCRIPTION
O
4:.
NO
cl
Un
co
.I."
T<5 OW-0 (a
EXHIBIT "B"
SCHEDULE OF METER CHARGES
5/8 x 3/4" meter $ 60.00
1" meter 150.00
IV meter 210.00
2" meter 300.00
The above meters are of the disc -piston, positive displacement type meters
normally used for household and similar low volume usage such as multi-
family buildings and small commercial establishments.
Meters required of a size larger than those listed above and primarily for
use for large commercial or "master meter" installations) shall be of the
turbine or compound type. Installation of such meters shall be in permanent
concrete vault designed for the purpose and approved for installation by
Service Company's engineer. Installation costs of such meters, appurtenances
and vaults shall be determined by Service Company's engineer by special
negotiation with prospective consumer.
Terms of PaYment - Payable in advance of the meter installation.
0
9
rM
C.n
CO
rW
EXHIBIT "C"
ADDITIONAL CO:.TRIBUTIONS IN AID OF CONSTRUCTION
C�
In order to further induce Service Company to provide and maintain
good, adequate and sufficient central water and sewage facilities, Developer
hereby agrees to abide by the provisions of this Exhibit and to pay to
Service Company, in accordance with the terms and conditions set forth
below, the sums of money set forth herein as additional contributions
in aid of construction.
The parties hereto recognize that Service Company has filed with the
Florida Public Service Commission, a document entitled "Tamarac Utilities, Inc.
Extension Policy", a copy of which is attached hereto and made a part hereof.
The terms, conditions and provisions of said Extension policy are incorporated
herein by reference as if fully set forth herein. Developer agrees to be
bound by the provisions of said Extension Policy, including, but not limited
to, the provision for payment of connection charges; conveyance of "on -site"
facilities to Service Company, as provided for in this Agreement; and, payment
of a contribution in aid of construction for Developer's hydraulic share
of "off --site" facilities (as said terminology is explained in the "Extension
Policy") extended by Service Company to Developer's property.
_On -Site_ Charge: (Not Applicable) On -Site lines are to be constructed by
Developer and dedicated to Service Company by Developer.
Off -Site Charge:
Developer shall pay to Service Company $245.'00 per unit for every single
family unit or equivalent or multi -family unit constructed on land covered by
this Developer's•Agreement.
This payment is to reimburse Service Company for the cost of providing
."of£ -•site" trunk lines. (Hydraulic share of transmission lines, collection lines,
fozce�mains, and pump stations.)
That specific cost is: 291 Units X $245.00/Unit - $71,295.00
1 Rec. Center - 1 ERC X $245.00/Unit - 245.00'
Total - !0:
00
Plant Capacity Charge: (Hydraulic Shrare of Plant Capacity)
291 Units X $183.00/Unit = $53,253.00
1 Rec. Center -• 1 ERC X $183.00/Unit - 183.00
Total = $53,436.00
Pent Provisions:
1. P1ant'Capacity Charge is due in full at time of execution of agreement
to reserve plant capacity.
2. Off --Site Charge - payable per lot at the time each lot is ready for
requested service.
The Service Company specifically covenants and agrees that for each and
every connection fee (in the amount of $183.00 paid pursuant to the terms of
this Agreement, the Service Company shall reserve for the benefit of the
lands described upon Exhibit "A" to this Agreement, one (1) ERC of hydraulic
water and sanitary sewer plant capacity. Said reservation shall be good with-"
out any additional consideration or payment therefor for a period of two (2)
years from the date of this Agreement. Said reservation shall inure to the
benefit of any successors or grantees of developer as to all or portions of
the lands described upon Exhibit "A".
CD
crt
CID
Cil
W
0*y
Ic- - r a a-e-a
1
EXHIBIT "D"
GUARANTEED REVENUE AGREEMENT
I. implementation: Upon receiving a "Certificate of Occupancy"
for any unit, or twenty-four months from the date of this agreement,
whichever occurs first, Developer agrees to pay the Service Company
Guaranteed Revenues based upon the following:
a) Payments for each unit covered by this agreement shall
be at the minimum monthly charge for water and sewer service
for each equivalent residential connection in accordance with
the Service Company's Tariff as approved by the Florida Public
Service Commission. The present amount is $14.35
b) Guaranteed Revenue Payments shall commence on the first
of the month following the receipt of the Certificate of Occup-
ancy, or twenty-four months from the date of this agreement,
whichever shall occur first.
c) As units are sold and the accounts are placed in the
new owner's name, the Developer shall be relieved of the res-
ponsibility for the Guaranteed Revenue payments for that unit.
2. Treatment of Guaranteed Revenues: Service Company hereby
advises Developer that Guaranteed Revenue payments made by the Developer
shall be considered as revenue (income) on the Service Company's books
and reports filed with the Florida Public Service Commission. Under
no circumstances shall such Guaranteed Revenue Payments be considered
contributions in aid of construction. It is further recognized, under-
stood and agreed that such guaranteed revenues are in lieu of actual
revenue from consumers for that interim period of time prior to the
construction and occupancy of dwellings and buildings.
3. Failure To Pay: Failure to pay the Guaranteed Revenues within
fifteen (15) days of being invoiced shall be considered a default of this
Agreement. As a consequence of such default by the Developer, any reserved
CV
plant capacity under this Agreement shall automatically be rescinded and'
any payments made to reserve such plant capacity shall be applied against
the outstanding invoices for Guaranteed Revenues.
Co
=1
4. Requirement To Pay: The requirement for the payment of said -0
guaranteed revenues shall be a covenant running with the land and shalla
be a condition precedent to further service and binding upon the Developer, Cl
its successors and assigns or subsequent owners holding by or through �a]
the Developer. ,•..J
�• �' ��� N SZRAiO�
40
m
E
0