HomeMy WebLinkAboutCity of Tamarac Resolution R-88-255i
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885075io Temp. Reso. #5185
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CITY OF TAMARACITY OF TAMARAC, FLORIDA
TAMARAC . 83 AVENUE , FLOR►DA 33321
Y'C►erks Dept, RESOLUTION NO. R-88- oz��
A RESOLUTION DECLARING A WATER AND SEWER
DEVELOPERS AGREEMENT WITH LAWRENCE
PROPERTIES GROUP, INCORPORATED, FOR
TAMARAC EXECUTIVE CENTER IN DEFAULT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City entered into a Water and Sewer
Developers Agreement with Lawrence Properties Group,
Incorporated, for the property known as Tamarac Executive
Center, which agreement was dated July 27, 1984; and
WHEREAS, Lawrence Properties Group, Incorporated, has
failed to pay the Guaranteed Revenues and Interest, as required
by this Agreement, for a total of $567.72; and
WHEREAS, the City Council wishes to declare this Agreement
in default.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the Water and Sewer Developers Agreement
dated July 27, 1984, between the City and Lawrence Properties
Group, Incorporated, for Tamarac Executive Center, is hereby
declared in default due to failure to pay Guaranteed Revenues
and Interest in a total amount of $567.72 c»
SECTION 2: That the City Clerk is hereby directed to
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record this Resolution in the public records of Broward County,
Florida.
SECTION 3: That the City Clerk is hereby directed to
transmit a certified copy of this Resolution to Lawrence
Properties Group, Incorporated.
SECTION 4: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED, AND APPROVED this day of 1988.,
a ` ,
ATTEST:
NORMA ABRMOWITZ
AMAYOR
? ,
...
CAROL A. EVANS RECORD OF COUN .OPTS
CITY CLERK
MAYOR ABRAMOWITZ
I HEREBY CERTIFY that I have DISTRICT 1: C/M ROHR -
approved this RESOLUTION as toN t
form.,. n _ DISTRICT 2: V/M STELZ_ER
( (/� DISTRICT 3: C/M HOFFMAN /f '9 • �'
RI CHARD DOODY
CITY ATTORNEY DISTRICT 4: C/M BENDkR� 1
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ASSIGNMENT
KNOW ALL -MEN BY THESE PRESENTS, that for and in consideration of
Ten ($10.00) Dollars and other good and valuable consideration, receipt of
which is hereby acknowledged,
RICHARD F. STEPHEN
(hereinafter referred to as ASSIGNOR)
Does hereby transfer, set over and assign unto Lawrence Properties
Group, as Trustee, (hereinafter referred to as ASSIGNEE)
all of the ASSIGNOR'S right, title and interest as Purchaser, in and to that
certain DEVELOPER's AGREEMENT, dated October 17, 19802 by and between the
City of Tamarac, a munkcipal corporation of the State of Florida, recorded
in Official Records Book 9345, Page 613 of the Public Records of Broward
County, Florida.
BY THE ACCEPTANCE OF THIS ASSIGNMENT, the ASSIGNEE does hereby agree
to assume all of the obligations of the ASSIGNOR under said DEVELOPER'S
AGREEMENT as set forth herein.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals this ,:�2 fe-!c day of July, 1984.
WA
E f cm A.--..
Witness:
ASSIGNOR:
91CHARD F. STMEN
ASSIGNEEE: 7
LAWREW P IES GROUP, INC.
K_ 4y2fr1;?-b%3
FOR: entrim at -Tamarac
(Name of Development)
GENERAL LOCATION:
Lot 4, Block 35, McNab
Commercial Subdivision, No. 2. ��°R'rH SidF °~ McN�93
aErr��aA/ n/w_e0'r±4'Ayg.-J- N,J �y,�✓F
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THIS AGREEMENT effective this _��` day of
498.`_ made and entered into by and between:
The CITY OF TAMARAC, at 58.11 Northwest 88th Avenue,
Tamarac, Florida, a municipal corporation of the
State of Florida, hereinafter called "CITY"
and
Lawrence Properties Group
at 2050 Collier Avenue, Ft. Meyers, Florida 33901
hereinafter called "DEVELOPER".
and
Tamarac Executive Center
at 2050 Collier Avenue, Ft. Meyers, Florida 33991
hereinafter called "OWNER".
W I T N E S S E T H
0 WHEREAS, CITY is the owner and operator of a water treatment and
sewer treatment plant, together with water distribution and sewage
collection facilities known as "TAMARAC UTILITIES WEST WATER AND SEWER
SYSTEM"; and
WHEREAS, DEVELOPER owns or controls certain real property in Bro-
ward 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
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 settings,
forth the mutual understandings and undertakings regarding the fur-
nishing 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.
WHEREAS, CITY has received proof of payment by DEVELOPER of any
portion of contribution -in -aid -of -construction charges owed to third
„�-
isrties, and which is attached as Exhibit "B";
WHEREAS, the City Council has approved this Agreement and has
authorized the proper city officials to execute this Agreement by mo-
tion passed at a regular City Council meeting on ,
198_,
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ations, these parties venant and agree with eac,t,,,)ther as follows:
PART I. DEFINITIONS
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A. The term DEVELOPER shall
this Agreement who has an ownership
interest fee simple? X_ YES or
the interest is best described as
refer to the Contracting Party in
interest in the PROPERTY. Is that
NO. If no, then the nature of
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 sys-
tems. The GUARANTEED REVENUE is equal to the applicable monthly ser-
vice availability charge for water and sewer service.
PART II. DEVELOPER'S OBLIGATIONS
•► � •I•vTF3iFii�.I •�
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 City Engineer,
or his authorized representative; and said water distribution and sew-
age collection lines shall be installed and connected to CITY's exist-
ing 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 furnish-
ing of service to the PROPERTY. At the time of submission of the
plans, specifications and engineering data by DEVELOPER to the City
Engineer, IF THIS AGREEMENT IS FOR TEN (10) OR MORE ERC'S, DEVELOPER
shall pay to CITY a Plan Review Fee of $500.00 (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
consulting engineers.
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 con-
struction work to insure that construction is at all times in compli-
ance 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 City Engineer. Should there be cause or reason for
the DEVELOPER to engage the services of registered engineer (other than
the design engineer) for inspections, then DEVELOPER shall notify the
City within five (5) days of such engagement.
4.01419) :1440 to). r
DEVELOPER and his Contractor shall arrange for and hold a
preconstruction meeting with the City Engineer or his authorized rep-
resentative. Notification of said meeting shall be made in writing and
received by all parties seventy-two hours in advance of said meeting.
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start of each phase c construction.
D LgITIENTAppgOVAL CITY,
The work to be performed by DEVELOPER., as provided in this
Agreement shall not commence until all plans and specifications cover-
ing the work to be performed are approved in writing by the City Eng-
ineer or his authorized representative.
E. ,
During construction and at the time when periodic inspectipns
are required, the City Engineer or his authorized representative may be
present and DEVELOPER'S engineer shall be present to observe and wit-
ness tests for determination of conformance to approved plans and
is specifications.
F . COMELIANCE WITH AEPLICARI,t LAJ'S
The work to be performed by DEVELOPER, pursuant to the provi-
sions 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.
G.AS-BUILT-b-BAWINGS
DEVELOPER shall, at his own expense and at no expense to the
CITY, furnish to the CITY one complete set of reproducible 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. This As -built drawings submitted to the CITY shall
be on transparent material approved by the City Engineer. As -built
drawings shall be certified and sealed by the DEVELOPER's engineer and
shall show 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 location of all surface features of these
•systems and easements and rights -of -way which are part of or adjacent
to the PROPERTY.
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The contri 'ition charges (both wate and sewer) shall be
calculated accordinc-,-,;o rates set by Resolution•..,f the City Council.
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 B-1/2" X 14" 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 EPC's
per building and the number of meters and meter sixes.
Payment of the contribution charges is a condition precedent
to the execution of this Agreement. The contribution charges appli-
cable for this Agreement are summarized as follows:
Residential... t Units x ERC's Per Unit @$ Per ERC
Non -Residential..# ,22--ERC 's @ -Per ERC
Total ERC's ,2,�- (WATER)
Residential... 1 Units X ERC's Per Unit @$ Per EEC
Non -Residential..# ?i77 ERG's @ S97_,5_Per ERC
Total ERC's (SEWER)
The DEVELOPER has paid to the CITY the sum of Three Thousand
Eight Hundred ,venty -Five And no 00
for contribution charges.
THE CONTRIBUTION'CHARGES ARE DUE AT THE TIME THIS AGREEMEINT IS
APPROVED BY CITY COUNCIL.
I. GUAua>'.
1. DEVELOPER shall pay to the City, GUARANTEED REVENUES when
due, At the rates in effect when dug, 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 effective date of
this Agreement. $as a Plat for the property been recorded with Broward
County OYES _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.
4. The parties acknowledge the GUARANTEED REVENUE payments
made by the DEVELOPER shall be considered as revenue (income).
J. vBE
In addition to all other obligations of this Agreement,, DE-
VELOPOR 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 Certifi- to
Cate of Occupancy, unless otherwise provided in this Agreement.
ON
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M E M 0 ; Legibility of writing
typing or printing unsatisfactory, Is
this document when. microfiimed.
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1. If any pa-*,nnent of GUARANTEED REVENt,*YS 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.
Ed,
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. The site plan for the property is voidable by Resolution
of the City Council.
2. No final inspections shall be approved by CITY.
3. No Certificate of Occupancy shall be issued by CITY for
any unit on the PROPERTY.
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4. 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. The
rate of interest shall be established by Resolution of the City Coun-
cil.
5. The CITY shall be entitled to lien the PROPERTY and fore-
close the lien in satisfaction of any payments due under this Agree-
ment.
6. CITY shall be entitled to any other remedy at law and
failure to exercise any remedy shall not constitute a waiver of said
•remedy.
��
No later than the time of completion, approval and 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 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 supply-
ing water and sewer service to the inhabitants, occupants and customers
in DEVELOPER's PROPERTY and secure from each mortgagee and lienor a
release of mortgagees' and lienors' interest in the easement and fix-
tures 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.
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 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; and
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3. Furnish C ''Y with an AFFIDAVIT that 11 persons, firms or
corporations who furni`Vhed labor or materials ueed directly or indi-
rectly 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; and
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.
PART III. CITY'S OBLIGATIONS
A. CTIVE MIUNTENANCE OF SYSTEMS AFTER CERTAIN CQUITIONS
When, at no cost to CITY, (1) the water distribution and
sewage collection systems have been satisfactorily installed, inspect-
ed, tested and approved and certified in writing by the DEVELOPER'S
engineer, together with the City Engineer, 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. The obligation of the
CITY to furnish water and/or sewer service other than construction
water shall not arise until DEVELOPER has completed t", conditions
contained in this par�a raph. The CITY shall reserve ERC'S of
water service and a; ERC'S of sewage treatment plant capacity for
Developer.
B.
The CITY has entered into a "Large Users 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. IMPOSSIRTLTTX TO 2RQ3ZTr)E 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 DEVELOPER'S contribution charges as1
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 pre-
ambles contained at the beginning of this Agreement are true and
correct and in addition to them, it is mutually covenated and agreed,
as follows;
A.
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 Public Records of Broward County, Florida. How-
ever, any other assignment or transfer of DEVELOPER's rights and obli-
gations 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
ar*rovil of assignment unreasonably.
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terms and conditions *)f this Agreement unless ,signment is made in
compliance with this Lnection. CITY agrees to ex&_ute a "satisfaction
by assignment" for DEVELOPER if this Agreement is properly signed.
DEVELOPER agrees to make full disclosure to any party purchas-
ing 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 J of Part II herein.
B. REPEAL DE�RIQjj_,ASREEMENU
All prior DEVELOPER Agreements or Agreements pertaining to the
supply of water and sewer affecting the PROPERTY are hereby cancelled
and declared of no force and effect upon that PROPERTY which is the
subject matter of this Agreement.
PART V. ADDITIONAL MUTUAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER
It is mutually covenanted and agreed by and between the parties as
follows:
CITY shall have the exclusive right to furnish water service
and sewage collection service to consumers within the PROPERTY covered
by this Agreement.
- � 3;Ti7:fifi�i-al��(•i�3�7atf7�:��e3ti��r�
DEVELOPER, his successors and assigns, and the owners and occu-
pants of buildings on DEVELOPER's PROPERTY shall not install or main-
tain 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 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 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 on any
of the properties of the customers, consumers or users on DEVELOPER's
PROPERTY other than the water service lines and sewage collection
system within granted easements to CITY pursuant to this Agreement.
E. 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 Council
meeting at which it was approved.
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.
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C)
PROPERTY
In BE
G : ., ala
CONDITION
C�
Each consumer of water service or sewage collection service on
DEVELOPER's PROPERTY shall keep all water pipes, service lines, con-
nections 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.
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 pri-
vate, unless there has first been made adequate provisions for compen-
sating 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.
If any section, subsection, sentence, clause, phrase or por-
tion of this Agreement is for any reason held invalid or unconstitu-
tional 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.
K. REMU-ING *4;0:Q%4
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 DEVELOPER'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.
It is mutually agreed that the
from any and all liability for damages if
Agreement cannot be fulfilled as a result
other governmental or regulatory agency
subject matter hereof; and in such event,
and void and enforceable by either party
DEVELOPER'S PROPERTY for which City cannot
8
CITY shall be held harmless
CITY's obligations under this
of any ruling or order by any
having jurisdiction over the
this Agreement shall be null
regarding that portion of the
perform its obligation.
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M. POTABLE WATER BACKFLOW AND CROSS CONNECTION CONTROL
The purpose of this section is that all commercial
water customers comply with the requirements of DER Chapter
17-22 and Chapter 403 of the Florida Statutes. Commercial
water customers include all water customers except single-
family residences separately metered. Commercial water
customers shall comply with this section to accomplish the
following:
(a) To protect the public water main against actual or
potential cross connections and backflow by isolating within
the premise or private property contamination or pollution that
has occurred or may occur because of some undiscovered or
unauthorized cross connection on the premise or private
property.
(b) To protect the water supply system within the premise
or private property against actual or potential cross
connections and backflow by requiring such air gaps, vacuum
breakers, backflow preventers, reduced pressure principle
backflow preventers and special devices as required by this
section or other applicable regulations.
(c) To eliminate cross connections.to and backflow
from any other source of water or process water used
for any purpose whatsoever which may jeopardize the safety
of the water supply or which may endanger the health and
welfare of the general public.
(d) To establish a cross connection control and backflow
prevention program.
PART I. RESPONSIBILITY:
The Director of Utilities or his Designee shall
. have the authority to protect the public potable water
distribution system from contamination or pollution due to
the backflow of contaminants or pollutants through the
water service connection. If, in the judgment of said
Director of Utilities or his Designee, an approved
backflow prevention device is required, at the City's
water service connection to any customer's premises, for
the safety of the water system, the Director of Utilities
or his designated agent shall give notice in writing to
said customer to install such an approved backflow
_ prevention device at each service connection to his
premises. The customer shall immediately install such
an approved backflow prevention device or devices at his
own expense= and failure, refusal or inability on the
part of the customer to install said device or devices
immediately shall constitute a ground for discontinuing
water service to the premises until such device or v
devices have been properly installed.
PART II. DEFINITIONS:
1) Director of Utilities: The Director of
Utilities, or his Designee is invested with the authority
and responsibility for the implementation of an effective
cross connection control program and for the enforcement
of the provisions of this section.
2) Approved: Accepted by the.Director of
Utilities or his Designee as meeting an applicable
specification stated or cited in this section as
suitable for the proposed use.
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Revised 21�2/85
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3) Auxiliary Water Su pl : Any water supply on or
available to the premises other than the purveyor's
approved public water supply. These auxiliary waters may
include water from another purveyor's public potable water
supply or any natural sources such as a well, spring,
river, stream, harbor, etc., or "used waters" or
"industrial fluids." These waters may be polluted or
contaminated or they may be objectionable and constitute
an unacceptable water source over which the water
purveyor does riot have sanitary control.
4) Backflow: The flow of water or other liquids,
mixtures or substances into the distributing pipes of a
potable water supply system from any source or sources
other than its intended source.
5) Backsiphona e: The flow of water or other
liquids, mixtures or substances into the distributing
pipes of a potable water supply system from any source
other than its intended source caused by the sudden
reduction of pressure in the potable water supply system.
6) Back Pressure: Backflow caused by a pump,
elevated tank, boiler or means that could create
pressure within the system greater than the supply
pressure.
7) Backflow Preventer: A device or means designed
to prevent backflow approved by AWWA, ASSE and Director
of Utilities.
(a) Air -Gap: The unobstructed vertical distance
through the free atmosphere between the lowest opening
from any pipe or faucet supplying water to a tank, plumbing
fixture, or other device and the flood level of said
vessel. An approved air -gap shall be at least double
the diameter of the supply pipe, measured vertically, above
the top of the rim of the vessel; and, in no case, less
than one (1") inch. when an air -gap is used at the
service connection to prevent the contamination or
Pollution of the public potable water system, an emergency
bypass shall be installed around the air -gap system and
an approved reduced pressure principle device shall be
installed in the bypass system.
(b) Reduced Pressure Principle Device: An
assembly of two independently operating approved check
valves with an automatically operating differential relief
valve between the two check valves, tightly closing
shut-off valves on either side of the check valves, plus
Properly located test cocks for the testing of the check
and relief valves. The entire assembly shall meet the
design and performance specifications and approval of a
recognised and City approved testing agency for backflow
Prevention assemblies. The device shall operate to
maintain the pressure in the zone between the two check
valves at a level less than the pressure of the public
water supply side of the device. At cessation of normal
flow the pressure between the two check valves shall be
less than the pressure on the public water supply side of
the device. In case of leakage of either of the check
valves, the differential relief valve shall operate to
maintain the reduced pressure in the zone between the
check valves by discharging to the atmosphere. when the
inlet pressure is two (2) pounds per square inch or less,
the relief valve shall open to the atmosphere. To be
approved these devices must be readily accessible for
in -line maintenance and testing, and be installed in a
location where no part of the device will be submerged.
- 10 -
Revised 2/,22/85
?� Yea
L�
(c) Double Check Valve Assembly: An assembly
of two independently operating approved check valves with
tightly closing shut-off valves on each side of the check
valves, plus properly located test cocks for the testing
of each check valve. The entire assembly shall meet the
design and performance specifications and approval of a
recognized and City approved testing agent! for backflow
prevention devices. To be approved, these devices must
be readily accessible for in -line maintenance and testing.'
(d) Dual Check Valve: WATTS Model NU-7Z1 4E-r._._
three-quarter (3/4") and U722 one (1") pipe. Bronze
construction, two compact acetyl resin check modules, with
bun& "N" seals. Must be tested and certified to meet
or exceed the provisions of A.S.S.E. Std. 1024-"Dual
Check Valve Type Back Flo Preventers." Both check modules
can be removed and checked independently.
R) Contamination: Means an impairment of the
quality of the potable water by sewage, industrial fluids
or waste liquids, compounds or other materials to a
degree which creates an actual hazard to the public health
through poisoning or through the spread of disease.
9) Cross Connection: Any physical connection or
arrangement of piping or fixtures between two otherwise
separate piping systems, one of which contains potable
water and the other non -potable water or industrial fluids
of questionable safety, through which, or because of
which, backflow may occur into the potable water system.
A watipr wwrvIce connection between a public potable water
distribution system and a customer's water distribution
system which is cross -connected to a contaminated fixture,
industrial fluid system or with a potentially contaminated
supply or auxiliary water system constitutes one type of
cross connection. Other types'of cross connection
include connectors such as swing connections, removable
sections, four-way valves, spools, dummy sections of
pipe, swivel or change -over devices, sliding multiport
tube, solid connections, etc.
10) Cross Connections - Controlled: A connection
between a potable water system and a non -potable water
system with an approved backflow prevention device
properly installed that will continuously afford the
protection commensurate with the degree of hazard.
11) Cross Connection Control bx Containment: The
installation of an approved backflow prevention device
at the water service connection to any customer's
premises where it is physically and economically
infeasible to find and permanently eliminate or control
all actual or potential cross connections within the
customer's water systems or, it shall mean the
installation of an approved backflow prevention device
on the service line leading to and supplying a portion
of a customer's water system where there are actual or
potential cross connections which cannot be effectively
eliminated or controlled at the point of cross connection.
12) The customer's system shall include those parts
of the facilities beyond the termination of the water
purveyor's system which are utilized in conveying potable
water to points of use.
v
C
C*
Revised 2/ 2,2/65
e F8-aSS
0
11
13) Hazard, Degree of: The term is derived from an
evaluation of the potential risk to public health and the
adverse effect of the hazard upon the potable water system.
(a) Hazard Health: Any condition, device or
practice in the water supply system and its operation
which creates, or in the judgment of the Director of
Utilities or his Designees may create a danger to the
health .and well --being of the water consumer. v
(b) hazard - Plumbing: A plumbing type cross
connection,in a consumer's potable water system that has
not been properly protected by a vacuum breaker, air -gap
separation or backflow prevention device. [Unprotected
plumbing type cross connections are considered.to be a
health hazard.
(c) Hazard - Pollutional: An actual or
potential threat to the physical properties of the water
system or to the potability of the public or consumer's
potable water system which would constitute a nuisance
or be aesthetically objectionable or could cause damage
to the system or its appurtenances, but would not be
dangerous to health.
(d) Hazard - Systems An actual or potential
threat of severe damage to the physical properties of the
public potable water system or the consumer's potable
water system or of a pollution or contamination which
would have a protracted effect on the quality of the
potable water in the system.
14) Industrial Fluids Systems: Any system containing
a fluid or solution which may be chemically, biologically
or otherwise contaminated or polluted in a form or
concentration such as would constitute a health, system,
pollutional or plumbing hazard if introduced into an
approved water supply. This may include, but not be
limited to: polluted or contaminated waters: all types
of process waters and "used waters" originating from the
public potable water system which may have deteriorated
in sanitary quality: chemicals in fluid form; plating
acids and alkalines, circulating cooling waters connected
to an open cooling tower and/or cooling towers that are
chemically or biologically treated or stabilized with
toxic substances: contaminated natural waters such as
from wells, springs, streams, rivers, bays, harbors, seas,
irrigation canals or systems, etc.; oils, gases, glycerine,
paraffins, caustic and acid solutions and other liquids and
gaseous fluids used in industrial or other purposes or for
fire -fighting purposes.
15) Pollution: Means the presence of any foreign
substance (organic, inorganic, or biological) in water which
tends to degrade its quality so as to constitute a hazard or
impair the usefulness or quality of the water to a degree
which adversely and unreasonably affects such water usage
under existing Federal and State Clean Water Acts.
16) Water - Potable:
recognised Federal and State
consumption.
- 12
Any water which, according to
Standards is safe for human
w
Revised 2/22/85
re-8:Y12S5
.14W
17) Water - Nonpotable: Water which is not safe
for human consumption or which is of questionable potability
under Federal and State standards.
18) Water Purveyor: The term water purveyor shall
mean the owner or operator of the public potable water
system supplying an approved water suppl��i►_the public.
19) Water - service Connections: The terminal end
of a service connection from the public potable water
system, i.e., where the Water Purveyor loses jurisdiction
and sanitary control over the water at its point of
delivery to the customer's water system. If a meter is
installed at the end of the service connection, then the
service connection shall mean the downstream and of the
meter. There should be no unprotected takeoffs from the
service line ahead of any meter or backflow prevention
device located at the point of delivery to the customer's
water system. Service connection shall also include
temporary water service connections from fire hydrants and
all other temporary or emergency water service connections
from the public potable water system.
20) Water Purveyor's System: (a) Shall consist of
the source facilities and the distribution system: and v
shall include all those facilities of the water system
under the complete control of the. Utility, up to the
point where the customer's system begins --the service
connection.
(b) The source shall include all components of
the facilities utilized in the production, treatment,
storage and delivery of water to the distribution system.
(c) The distribution system shall include the
network of conduits, storage facilities, pumping apparatus,
and any additional points of authorized utility chemical
treatment (injection facilities), used for the delivery of
water from the source to the customer's system -the service
connection.
21) Water - Used: Any water supplied by a Water
Purveyor from a public potable water system to a consumer's
water system after it has passed through the point of
delivery service connection and is no longer under the
sanitary control of the Water Purveyor.
PART III. REQUIREMENTS,
1) Water System;
(a) The water system shall be considered as
made up of two parts: The Water Purveyor and the Customer
System.
1b) Water Purveyor's System shall consist of
the source facilities and the distribution system; and
shall include all those facilities of the water system
under the complete control of the Utility, up to the point
where the customer's system begins --the service connection.
(c) The source shall include all components of
the facilities utilised in the production, treatment,
storage and delivery of water to the distribution system.
.- 13 .
-
d
ars
-a
GM
Cr%
Revised 2/22./as
R W aS-
(d) The distribution system shall include the
network of conduits, storage facilities, pumping apparatus,
and any additional points of authorized utility chemical
treatment (injection facilities), used for the delivery
of water from the source to the customer's system --the
service connection.
(e) The customer's system shall include those
parts of the facilities beyond the termination of the
water purveyor system which are utilized in conveying
potable water to points of use.
2) policy:
(a) No water service connection to any premises
shall be installed or maintained by t2.e Water purveyor
unless the water supply is protected as required by State
laws and regulation and this "Section." Service of water
to any premises shall be discontinued by the Water Purveyor
if a backflow prevention device required by this "Section"
is not installed, tested and maintained, or if it is found
that a backflow prevention device has been removed,
bypassed, or if an unprotected cross connection exists
on the premises. Service will not be restored until such r
conditions or defects are corrected.
(b) The commercial customer's system should be
open for inspection at all reasonable times to authorized
representatives of the Water Department to determine whether
cross connections or other structural or sanitary hazards,
including violations of these regulations, exist. water
service may be discontinued if a violation of this section
exists on the premises, and such other precautionary
measures may be taken as are deemed necessary to eliminate
any danger to the potable water. water service shall not
be restored until the danger has been eliminated in
• compliance with the provisions of this section.
Cc) An approved backflow prevention device shall
also be installed on each service line to a customer's
water system at or near the property line or immediately
inside the building being serviced; but, in all cases, before
the first branch line leading off the service line wherever
the following conditions exist:
1) In the case of premises having an
auxiliary water supply which is not or may not be of safe
bacteriological or chemical quality and which is not
acceptable as an additional source by the Director of
Utilities or his Designee, the public water system shall
be protected against backflow from the premises by
installing a backflow prevention device in the service
line appropriate to the degree of hazard.
2) In the case of premises on which any
industrial fluids or any other objectionable substance
is handled in such a fashion as to create an actual or
potential•bazard to the public water system, the public
system shall be protected against backflow from the
premises by installing aa�eothedegreeofhazard.
the service line app Pi
This shall include the handling of process waters and
waters originating from the utility system which have
been subject to deterioration in quality.
.. 14 -
Revised 2/22/85
C
3) In the case of premises having
(1) internal cross connections that cannot be permanently
corrected and controlled, or (2) intricate plumbing and
piping arrangements or where entry to all portions of
the premises is not readily accessible for inspection
purposes, making it impracticable or impossible to
ascertain whether or not dangerous cross connections
exist, the public water system shall be protected
against backflow from the premises by installing a backflow
prevention device in the service line appropriate to the
degree of hazard. This shall include the handling of
process waters and waters originating from the utility
System which have been subject to deterioration in
quality.
(d) The type of protective device required
under part III, 2)(c) 1), 2) and 3) shall depend upon
the degree of hazard which exists as follows:
1) The case of any premises where there
is an auxiliary water supply as stated in subsection
2)(c)l) of this section, and it is not subject to any
Of the following rules, the public water system shall be
protected by an approved air -gap separation or an approved
reduced pressure principle backflow prevention device.
2) In the case of any premises where
there is water or substance that would be objectionable but
not hazardous to health, if introduced into the public
water system shall be protected by an approved double
check valve assembly.
3) In the case of any premises where there
is any material dangerous to health which is handled in
such a fashion as to create an actual or potential hazard
to the public water system, the public water system shall
be protected by an approved air -gap separation or an
approved reduced pressure principle backflow prevention
device. Example of premises where these conditions will
exist include sewage treatment plants, sewage pumping
stations, chemical manufacturing plants, hospitals,
mortuaries and plating plants.
4) In the case of any premises where there
are "uncontrolled" cross connections, either actual or
potential, the public water system shall be protected by
an approved backflow prevention device at the service
connection as determined appropriate by the Director of
Utilities.
5) In the case of any premises where,
because of security requirements or other prohibitions or
restrictions, it is impossible or impractical to make a
complete in -plant cross connection survey, the public water
System shall be protected against backflow from the premises
by the installation of a backflow prevention device in the
service line. In this case, maximum protection will be
required: that is, an approved air -gap separation or an
approved reduced pressure principle backflow prevention
device shall be installed in each service to the premises.
Revised 2/22/85
K- 0S-aSs
(a) Any backflow prevention device required
herein shall be a model and size approved by the Director
of Utilities for the City of Tamarac, or his Designee.
The term "Approved Backflow Prevention Device" shall mean
a device that has been manufactured in full conformance
with the standards established by the American Water Works
Association entitled:
"AWWA C506-Latest Edition Standards for
Reduced Pressure Principle and Double
Check Valve Backflow Prevention Devices,"
the standards set forth by the Foundation for Cross
Connection Control and Hydraulic Research of the University
of Southern California established by:
"Specification of Backflow Prevention
Devices - 669-2 dated March 1969,"
or the most current revised standards of such Association
and Foundation as are from time to time promulgated.
(f) It shall be the duty of the customer -user
at any premise where backflow prevention devices are
installed to have certified inspections and operational
tests made at least once per year. In those instances
where the Director of Utilities or his Designee deems the
hazard to be great enough, he may require certified
inspections at more frequent intervals. These inspections
and tests shall be at the expense of the representative,
by City of Tamarac Utilities Personnel or by a certified
tester approved by the Director of Utilities or his
Designee. It shall be the duty of the Director of Utilities
or his Designee to see that these timely tests are made.
Th-e customer -user shall notify the Director of Utilities
or his Designee in advance whin the tests are to be
undertaken so that he or his representative may witness
. the tests if it is so desired. These devices shall be
repaired, overhauled or replaced at the expense of the
customer -user whenever such devices are found to be
defective. Records of such tests, repairs and overhaul
shall be kept and copies sent to City of Tamarac Utilities
Department.
(g) Nothing herein shall relieve the consumer
of the responsibility for conducting, or causing to be
conducted, periodic surveys of water use practices on his
premises to determine where there are actual or potential
cross connections in the Consumer's water system through
which contaminants or pollutants could flow back into a
public water system or a potable consumer's water system.
PART IV. PENALTIES FOR VIOLATIONS:
Any observed violation of this section, subject
to the degree of hazard in the opinion of the Utility
Director, shall subject the consumer to the immedate turnoff
of water to protect the health, welfare and safety of the
citizenry and other consumers utilizing the public potable
water distribution system to which such consumer is
connected, until violator has fully complied with the terms
of this Section and provided appropriate protective devices
to assure the control of any potential cross connection or
backflow, and shall otherwise subject said violator after
due notice to be promptly enjoined from connection to its
public potable water distribution system, and to pay all
costs and attorneys' fees incurred by the City in relation
to such injunctive relief. Any violator otherwise deemed
guilty of a violation of this Section shall subject himself
to a fine of upwards to $500 per day for each day of such
continuing violation.
Revised 2/22/85
PART VI. NOTICE
r�gy-?SA
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:
t
City Manager
5811 Northwest 68th Avenue Lawrence Properties Group
Tamarac, Florida 33321 2050 Collier Avenue
Ft. Mayers, Fla. 33901
Notice so addressed and sent by prepared certified mail, with
return receipt requested, shall be deemed given when it shall have been
so deposited in the United States mail.
PART VII. ADDITIONAL PROVISIONS
A. EXHTATTS
The following exhibits are attached, as part of this Agreement
and are incorporated into this Agreement:
EXHIBIT "A" - Legal Description of PROPERTY
EXHIBIT "B" - Receipt from third party for a portion of Con
tribution Charge
Included Not Included X
EXHIBIT "C" - A copy of the site plan of the PROPERTY reduced
to B-1/2-inch by 14-inch page size.
. EXHIBIT "D" - A listing for the PROPERTY indicating the number
of buildings to be built, 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 sewer facilities
if required by City Engineer, if applicable.
Included Not included
W
- 17 -
' qmp
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V
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:
ATTEST:
. CITY MANAGER
ATTEST:
CITY CLERK
WI NES
.1�
WITNESS
WITNESS
WITNESS
WITNES
CL
L�
WITNESS
C1
THE CITY OF TAFJ: RAC
By
MAYOR
DATE
By
CITY MANAGER
DATE:
Approved as to
B
DEVELOPER
By
DATE —/ o A5
cn
MORTGAGEE (If Applicable)
Al A
DATE:
OWNER
DATE J a / 5'
v
J J' a �s
STATE OF FLORIDA )
) SS:
COUNTY OF HILLSHOROUGH)
Before me personally appeared Llo d Lawrence
to me well known and known to me to be the person(s) described in and w*-,o
executed the foregoing instrument, and acknowledged to and before me that
executed said instrument for the purposes therein expressed.
WITNESS my hand and official Beal, this 21 day of June_
D. 19.
No a y Public
St&L& of Florida at Large
My commission expires: December 23, 1985
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARP )
Before me personally appeared
to me well known and known to me to be the person(s) described in and who
executed the foregoing instrument, and acknowledged to and before me that
executed said instrument for the purposes therein expressed. .
WITNESS my hand and official seal, this __.. day of
A.D. 19 —.
• Notary Public
State of Florida at Large
a!r
My commission expires:
pn
CD
STATE OF FLORIDA )'
SS: .,
COUNTY OF BROWARD )
Before me personally appeared
c.n
rya
to me well known and known to me to be the person(s) described in and who
exectuted the foregoing instrument, and acknowledged to and before me that
executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this day of
A.D. 19
My commission expires: Notary Public
State of Florida at Large
C�
- 1.9 -
u
I do hereby affirm
that I am the of
and that I have executed a water and sewer Developer's Agreement with
the City of Tamarac fo,--J1 t'll�CxC�,,, � c/�-� project and that I am
0 the owner of the property covered by said Developer's Agreement.
There are no mortgages held on the property which is the
subject of said Developer's Agreement.
v
FURTHER AFFIANT SAYETH NOT.
1
(Si n t e)
This day of, 198 4/
STATE OF FLORIDA )
COUNTY OF�' ) SS:
Before me personally appeared. '.,� '-� nk to me
well known and known to me to be the person wkYo executed he foregoing
instrument acknowledge to and before me that,, - A,
executed said document for the purpose therein expressed.
WITNESS my hand and official seal this day of
Notary Pbblic of State of Florida at Large
My commission expires:
My commission expires October 17,198L
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I"QNAB ROAD SITE Development ConSultints. 1,
LAWRENCE PROPERTY. GROUP, INC. civil fno.neei o I plann,no P Lana sii•vrvina
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TAMARAC FLORIDA ��:.M., �ti.,,;�0.1..a.IM........,.
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N Tp- I rq AT -F+v",g A AC
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EXIH= "Do'
NUMBER OF BUILDINGS ONE BUILDING
NUMBER OF ERC's 21
NUMBER OF METERS
ONE
METER SIZE ONE INCH
co
WORM IN THE OFFICIAL RECORDS 800K
"O'VARD COLINTY, F1,0101A Cn
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