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HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-053TR 12762 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH TAMARAC 10200, LLC., FOR THE UNIPHARMA PROJECT, LOCATED AT 10200 NW 67T" STREET, REQUIRING AN ADDITIONAL 16 ERC'S FOR WATER AND AN ADDITIONAL 16 ERC'S FOR SEWER, REQUIRING AN ADDITIONAL PAYMENT OF $27,200.00 FOR WATER AND $35,200.00 FOR SEWER; REQUIRING A TOTAL ADDITIONAL PAYMENT OF $62,400.00 IN CIAC FEES; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tamarac 10200, LLC., is the current owner of the Unipharma Project, located at 10200 NW 67th Street (attached hereto in map form as "Exhibit 1"); and WHEREAS, a Water and Sewer Developer's Agreement currently exists reserving 8 ERC's for water and 8 ERC's for sewer to accommodate the Unipharma Project, attached hereto as "Exhibit 2"; and WHEREAS, Tamarac 10200, LLC., have offered a First Amendment to the Water and Sewer Developer's Agreement to the City of Tamarac for the Unipharma Project, as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); (attached hereto as "Exhibit 3"); and WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement requires the addition of 16 ERC's for water and 16 ERC's for sewer; requiring an additional payment of $27,200.00 for water and $35,200.00 for sewer; requiring a total additional TR 12762 Page 2 payment of $62,400.00 in CIAC fees, Per Section 22-189 of the City Code of Ordinances. WHEREAS, it is the recommendation of the Director of Public Services that the First Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Tamarac 10200, LLC., be approved and executed, and the payment of the CIAC fees required for the Unipharma Project be accepted; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to accept and execute a First Amendment to the Water and Sewer Developer's Agreement with Tamarac 10200, LLC., for the Unipharma Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto and referenced herein are incorporated and made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute a First Amendment to the Water and Sewer Developer's Agreement, providing for 16 additional ERC's for water and 16 additional ERC's for sewer (attached hereto as "Exhibit 3") with Tamarac 10200, LLC., for the Unipharma Project, located at 10200 NW 67th Street. SECTION 3: That the City of Tamarac hereby approves and accepts the Acceptance to Assignment of the Water and Sewer Developer's Agreement for the TR12762 Page 3 1 Unipharma Project (attached hereto as "Exhibit 4") SECTION 4: That the City of Tamarac hereby approves and executes the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement for the Unipharma Project (attached hereto as "Exhibit 5"). SECTION 5: The City will collect an additional $62,400.00 in contribution charges prior to the issuance of the final Engineering Permit. SECTION 6: The City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. SECTION 7: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 9: This Resolution shall become effective immediately upon its TR12762 Page 4 passage and adoption. C�tl' PASSED, ADOPTED AND APPROVED this day of 2016. ARRY DRESSLER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL / �J DIST 2: COMM. GOMEZ ' 4 DIST 3: VICE MAYOR GLASSER -" DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM r" SA EL S. 6OREW CITY ATTORNEY �l 1 of r Temp. Reso. No. 12762 CITY OF TAMARAC Scale: N.T.S N PUBLIC SERVICES DEPARTMENT AT Ns ENGINEERING DIVISION < R, o SHEET 1 OF 1 W E s. ss FIRST AMENDMENT TO THE WATER AND s SEWER DEVELOPER'S AGREEMENT TR#12762 P v).WES PERIW NKEL LN, SS /'%/ / �s CAPTIVA A H BISCUS LN. /! G s $ 71 Si ae 71 ST a > a j'`� SECTION 21 %� 70 PL SECTIO PALM IDGE LN. 76 70 CT % ESTWOOD 4 WE BOX LN. 5< S WE TWOOD 3 %/ L WING DR.%/ 70 ST MCNAB ROAD 7o sT / 0 Sr SUNSET POINT PARK TEE CVS %%,� y�OW �+ MCNAH > //% N m PLAT BUSINESS S °' c %! ~ PARK TAMARAC jj5 TAM AC MARKET �8 PL GAR NS TAMARAC //j; PLACE GARDENS �i/� E T 3 ................................................ . ........................ 'ell WEST ��%%j�%%�%��%%i .......... SITE LOCATION TAMARAC 1299 %!! 'i'�''''''%%'%%%%' i%• 67 TRUST MSK !j LA�ND Q ARCH AURUFIN j WESTWOOD 2 ALUMINUM II �+ 67 ST 67 CITY FURNITURE 67 ST § SUN BELT CARL & ! AV PRECISION ASSOCIATES ` $ 66 , 66 CT rL ST c P 'i /! 96 AV CULLIGAN 6 % 66 ST g W D. WOOD 1 <SPYGLAS TAMARAC SUN -SENTINEL 65 CT %% ' % ... qp�Q BUSINESS 4 TERR ti PARK THE VILLAGE S 6S S W TOSHIBA -LAND SECT 8 BUSINESS SOLUTIONS�STW GaL� CdUWRSEW W W ...................... ...... ...Q .. GRAM R. Df� G '� PUBLIC Ik LAND SEC. N SERVICES N. PLAN D Ar Z Z COMPLEX Q$ 7 r r t��_� L` NORTH cr LK �+STNa f Z RED HEW LN O a Ge a REYES � i% souTH w COVERAGE % atARD�OSN"W 3 3 i Dim c yQ STATE STREET PLUM eDR HARBOR 3 MAYORS y FAIRHA INT DISTRIBUTION EWELERS R/ DISTRIWESTPBUTION CHDODGE R/ CENTRE 1 X \\\\ V.G.C. PARK m YORS > \\\��x�1'\�\\�\\x��\\ \\ \\ \\, \\ \ \\ (VISUAL GRAPHICS) SONNYS LAZA J R \��N��\��\ a COMMUNITY —J c ENTERPRISES \ \\ \\ MILENIU CHRlSITIAN \\��\\���AY;\\\\\\\\\. Z = P.O.D.S c Q CHURCH Y \\\\\\\\���\\�\\�\\\�\ MIDDLE \\\\\\\\\\\\\\\\\�\\\� STORAGE SAWGRASS SCHOOL Q W \\\\\\\\\\ \\\ \\\\\\\ INFINlT! c p �. = CDNVERGYS GOLD Z �\\��\\����\�\��\\�\ FERGUSON CHALLENG OFFICE COAST \�\\\���\�CORP. ELEMENTA \ \\\\\\\ SCHOOL BUILDING =REALESTATE MOBIL <CO RD 870) rr SUNRISE COMME CIAL BLVD REVISIONS aaeow ft exz r. Doer a/1s/re J"` yaw L OOHM P.E. UNIPHARMA EXHIBIT I CITY OF TAMARAC, BROWARD COUNTY, FLORIDA SEC. 7, TWP. 49, RGE. 41 N.. D.. I qK �. OAS. n. No. 5m v' TR#..12762 Exhibit 2 Q� 96-974892 TN02A 02_16_96 10140A14 PORt (Name of Development) OIiN M LOCATION s _ S . w . CORN R of HIATUS ROAp TMIB effective this ! day of , d ter by OF , 2 h t 8 • W Tamar as 8lorida 3321, a manic pal corpora oa o n fl 7 7ter ca C D �J at 1400 S.W. fiTH T= SUITE F. POMPANO BEACH- FL. 33069 hereinafter called "DEVELOPXR". and at 3321 S.W. 15TH ,STREET. POMP= REACH. FL 33069 hereinafter called "OWNER". W I T N 8 8 8$ T 8 MMRZAS, CITY is the owner and operator of a water treatment plant, together with water distribution and sewage collection facilities known as "TAKMC UTILiTISB WEST WATER An 837PER BTSTMO; and % MA4. d4L1. TUNWSDA-1 CMOFTAMAM 7525 N. W.OBAVENUE TAMARACK FLORIDA 3M City clerks OWL 76 Al— ��61 01 1 i 33, 0 0 0 0 l5 p,0o 950602 R M .F, to 1�0 C2 Wj 1iAEREAB, DEVELOPER owns or controls certain real property in Droward County, Florida so 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 DEVELOPERIS PROPERTY described in Exhibit "A" attachedi and op to o e wat • rs g a ■a c o • lrth VZMMS, thin AGREEMENT and all stipulations and covenants made herein are acknowledged to be subject to the approval of every County, Regional, State and Federal regulatory agenoy having jurisdiction of the subject matter of this AGREEMW; and MMREAB, CITY has received proof of payment by DEVELOPER of any portion of contribution -in -aid -of -construction charges owed to third parties, and which is attached as Exhibit "901 and MREAS, the City Commission has approved this AGRIMUM and has authorized the proper city officials to execute this AGREEMENT by motion passed at a regular City Commission meeting on NOW, THEREFORE, in consideration of the mutual covenants and undertakings of CITY and DEVELOPER and other good and valuable considerations, these parties covenant and agree with each other as follows, PART I. DEFINITIONS n N A. The term DEVELOPER shall refer to the Contracting Party %a In this AGREEMENT who has an ownership interest in the PROPERTY. -0 Is that interest fee simple? YES or � _ NO. If no, then CD the nature of the interest is best described as COHZU= !OR PDRCHA9E_OF =1 PROPERTY . If DEVELOPER is not the 0MMR, then � TUWWSDA-1 2 950601 the OMER Joins in this AGR$EIMM and agrees to be jointly and severally liable for the responsibilities of the DEVXLOP= enumerated in this AQRMMM. 9. The term aQUtVALENT RESID$NTIAL CONNECTION, referred to In this AQRZX1MT as CRC, is the assumed average daily flow of a detached single-family residential unit. C. The term PROPERTY, reform to the real property described in Exhibit "A" attached to and incorporated into this AOREINM. D. The term QUARANTSED REVENUE refers to a fee paid by 0 E t • thea C n rem• t r s T s aqua t li a • lab i c • fo to service. 01 � D D I. DEVELOPER, at his expense and at no expense to the CITY, shall design, construct and install all necessary water distribution and sewage collection lines# over, through, under, across and past the PROPERTY in accordance with plans, specifications and engineering data as submitted by a Florida registered engineer to be approved by the appropriate governmental regulatory agencies and by the Utilities Director, or his authorised representative; and said water distribution and sewage Collection lines shall be installed and connected to CITYss existing water distribution and sewage collection lines, all of Which work shall be paid for by that DEEELOPER. 3. All installations.. shall be installed at DiV3sLOPERIB eupeas• and shall include, without limitation, all gravity flow mains, tore* mains, pump stations and lift stations required for the fUMishing of service to the PROPERTY. At the time of aubaaission of the pions, specifications and engineering data by Ds1ELOPX2 to the Utilities Director, IF TRIS AQREMUNT IB FOR (10) OR SORE nw s, nmLOPn shall pay to CITY a plan Review Fee of TLMNSDA-1 3 950601 U 'd . 2 $750.00 (to be paid one time only)- Said Plan Review !ee is to compensate CITY for CITY's expense in having said plans, specifications and engineering data reviewed by the Utilities Diriator or his authorised representative. 3. Meter shall be INSTALLED 8Y CITY. No meter 8ba11 be removed, moved, bypassed, or altered in any way except by the City. Violation of this paragraph may result in a penalty of up to $500.00, declaration of this AGRZMCW to be in default, or both. The imposition of a penalty shall be at the sole discretion of the City Manager or his designee. not a of C t w of r fr; f e s sul i ena to SO 00, d a o f o b aul r os nit hall be at th sole discretion of City Manager oX4;i� r . o 0 P)V a. 13 jam fityptUTSION BY DMVMLOPza shall, at his expense, and at no expense to the CITY, retain the services of a registered professional engineer for the purposes of providing necessary inspection and supervision of the construction work to insure that construction is at all times °Dc in compliance with accepted sanitary engineering practices and in N compliance with the approved plans and specifications- DZVMLOPMR r shall notify CITY in writing of such appointment- A copy of each field report shall be submitted to the Utilities Direator'a authorized representatiive- Should there be cause or reason for 0 the DEVMLOPMR to engage the services of a registered engineer W (other than the design engineer) for inspections, then O MLOPSR O shall notify the CITY within five (5) days of such eagagesAent. The DMVELOPMR'S angineer of Record shall prepare NAB - Built" drawings of all construction. DMVMLOPSR and him Contractor shall arrange for and hold a preaonstruction meeting with the Utilities Director or his TUWWSDA-1 4 950601 authorised representative. Notification of said meeting shall be made in writing and received by all parties seventy-two hours in advance of said meeting. The meeting shall be held at least twenty-four (1*) hours prior to start of each phase of construction. An engineering Permit, payment of engineering fees and bonding based on a Certified Cost estimate, prepared by DeVMPRRIS registered engineer, shall be required prior to any construction. �.i: wv ., �y The work to be performed by DMLOPRR, as provided in this AGRReMM shall not coMence until all plans and specifications covering the work to be performed are approved in iti i for hi au i res at r d s e t b a s D I R 0 =tt, t th t odi ire r rise representative shall be present and DeVeLOPnlg engineer shall be present to observe and witness tests for determination of conformance to approved plans and specifications. The City engineering Ynspector shall be on site at all times during sanitary sewer installation, and notified before any water lines are installed. !. OGI@LiuiC! 1fiTg �pl►L•3 „* _ •�I�fS The work to be performed by DVMLOPSR, pursuent to the provisions set forth herein, shall be in accordance with all requirements of the regulatory;agencies which have jurisdiction over the subject matter of this AQRZZWW as well as all applicable Federal and State Statutes, County and CSTY ordinances. The requirements of this paragraph shall govern, regardless of any errors or =Lesions in the approved plans or specifications. TUWWSDA-1 950601 • -S'= ��2- em tft-, s ich r t s p con i Dhh.MOPZR shall, at his own expense and at no expense to the CITY, furnish to the CITY one complete set of reproducible mylar and two sets of prints of As -built drawings prepared by a Florida registered engineer who designed the water distribution and sewer systems or by any other engineer retained by the DZY LOPn. The As -built drawings shall be approved by the Utilities DirectorOm authorised representative. As -Built drawings shall be certified and sealed by the DZVZLOPERls engineer showing all pertinent information as to all mains, services and appurtenances belonging 2co ec n 8 it s sy' , re ng pkW • v ter ng i es The contribution charges (both water and sewer) shall be calculated according to rates set by Resolution of the City Comission. The contribution charges shall be c=*uted based upon the DMLOPER'B representation on the approved final site plan for the PROPIRTY. A copy of said plan shall be reduced to 8-1/1" x 110 and r attached to this AORZDMT as $xhibit *C" . Xxhibit "D" is attached • * to this AGRZEMM and shall indicate the number of buildings"to be w built, number of residential, non-residential and accessory units 62 and Me's per building and the number of meters and meter sises. D N N TUWWSDA-1 6 950601 of the atr ti 9harge a cpadit Lan F-I xec t th n x con t for t i 7'�mr;fmd as � Ler r F—M L/ ' Vn Z.RC �n-assidential (► 8 ZRCIs • $1.sOB.no Per ERC Total UC's _,@ r_ (WATlR) Total Contribution $9,640 residential $ units g sRC, s Per Visit • $2,MA.L.0 Per nc Non-Residentiai * _8� RRCIa • $1.990.0o per •RC Total lRCIs R (SEWiR) Total Contribution $ 12.400 The DLVUOPSR has paid to the CITY the sum of Ty Tw weeo Thousand Party _ for contribution charges. Unions City Cosssission, at the time of adoption of this AORMOBST by Resolution, approves alternative payment procedures, all Contribution charges have been paid, as evidence by the signature of the Finance Director: 18lRelip'R�i�rEhorae, finance Director Date c}. VV -�. : .y� i lrl • r 1. D�WPU shall !pay to the City, dDRR71am Rs1i 8 whoa due, at the rates in affect when due, as ameaded from time to time. OWUL►1VM RRVBM is equal to the minimum service availability charge for water and sewer service. QURRAUTRSD RiVNMII are duo and payable monthly. TUMSDA-1 7 950601 N W 2. The payment of GUARANTEED REVENUES required by this AGREEMENT shall commence six (6) months after the payment of CIAO Pees. Has a Plat for the property been recorded with Droward County- x YES NO. If NO, then GUARANTEED REVENUES coa®ence y r ter h ffec ve d o s s due f � 8 C�8 a of spe • RE Qt , initiE&V tole, g e d ter r r4cir l�u`i d and t pai open the MET IPER Ia 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). In addition to all other obligations of this AGREENENT, an DEVELOPER may be required by the CITY to make modifications to the CITr's water and sewage systems because of the developments impact 41 on the systems. The modifications are not forth in Exhibit "E• and Ir they shall be performed by DEVELOPER prior to the issuance of the co first Certificate of Occupancy, unless provided in this AGREEMENT. C2 K. DPLINU= PAY!l cma. DEFAULT_ N4 . QS.figlAO7.T tV 1. If any payment of GUARANTEED REVENUES required by this AGREEMENT is more than fifteen (15) days late, the CITY shall send the DEVELOPER a notice of delinquency by prepaid certified mail, and failure of the DEVELOPER to make the required payment in full within seven (7) days of the date shown on the notice shall constitute a default by the DEVELOPER. 1. other then required payment of GUARANTEED REVENUES, if any act required by this AGREEMENT is not timely accomplished or TUWWSDA-1 8 950601 It any act prohibited by this AGREMOM 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. �� ... F\P o S EVEL E is fa t is :=SOL, MLO eI t ha a th right yr� !o s s r p a t LJJ 1. Any se p ant oapao y this may be rsscindsd and forfeited. Z. The site plan fair the PROPERTY is voidable by Resolution of the City Commission. 3. No final inspections shall be approved by CITY. 6. No Certificate of Occupancy shall be issued by CITY for any unit on the PROPERTY. S. There shall be an interest penalty equal to the maximum rate allowed by Florida State Law on any payments due to ro CITY from DEVELOPER which are not paid. The penalty, when applicable, shall accrue from the due date of payment as provided a In this AGREEMENT. -0 O 6. The CITY shall be entitled to lien the PROPERTY and %D foreclose the lien in satisfaction of any payments due under this tV AGREOOM. Cn 7. CITY shall be entitled to any other remedy at law and failure to exercise any remedy shall not constitute a waiver of said remedy. Prior to acceptance of the work required to be done, DEVELOPER shall, without cost to CITY: TOWWSDA-1 9 9S0601 1. Convey to CITY and its successors and assigns, by good and sufficient exclusive easement deed, in a form satisfactory to CITY, a perpetual right, easement and privilege to operate, maintain, repair or replace all water and sewer main*, pipes, Connections, pumps and meters within granted easements upon DEMOM's PROPERTY in connection with supplying water and sewer service to the inhabitants, occupants and customers in DEVELOPER's PROPERTY and secure from each mortgage and lisnor a release of MtoL s ("rem a t an?as xt s a t asem s se go tb*t r c t o ■ r mas and s wi in th s ts. is o de/ A"r er an 4alt 2.7LgTht;,tL s L LO 's as as o7ewaYte and sewer supply lines, mains, pumps, connections, pipes, valves, meters and equipment installed up to and within granted easements and, right-og-way within the PROPERTY and off -site improvements Installed for the purpose of supplying water distribution and seers#* collection for DEVELOPER'S PROPERTY. 3. Furnish CITY with an AFFIDAVIT that all persons, firms or corporations who furnished labor or materials used directly or indirectly in the prosecution of the work required to be performed by this AdRz=MNT have been paid, or in the event of a dispute between the DEVELOPER and a contractor or subcontractor, furnish CITY with a DOW in the amount in dispute and in a form acceptable to the CITY. 4. Furnish CITY with a satisfactory surety bond or letter of credit in the amount of twenty-five percent (25%) of the cost of the work, in a go= acceptable to the CITY, guaranteeing all work installed pursuant to this AORSMUM against defeats in materials, equipment or construction for a period of not lass than one (1) year from date of acceptance of sass by CITY. S. Furnish CITY with T.V. inspection and air test of the sanitary ewer collection system performed one (1) month before 1- year warranty period expires. 6. install cleanout on consumer's sanitary service in TUWNSDA-1 10 950601 accordance with current Utility Standard Detail. PART III. CITY'S OBLIGATION y - ,MVO+, _ y:i,. �. •��1•�'������� When, at no Cost to CITY, (1) the water distribution and sewage collection systems have been satisfactorily installed, Inspected, tested and approved and certified in writing by the DMLOPSR's engineer, together with the Utilities Director, or his authorised representative; and (2) when DEv3LOPER has satisfied the conditions of this AQRZZKM4T, then CITY shall thereafter maintain the water distribution system and sawago collection system up to as on ' • C 1 e r le t e of a le i t can t id to r cleanout of the service a�t}eraall �w in the grants eas ent d ai.�hls .�d del �elairJ /hi�fZ� evdran or i el i furnish water and/or siwer service other than constiuottoa wakes shall not arise until DLVZLoPZR has completed the conditions contained in this paragraph. The CITY shall reserve _8._RRC's of water service and _S—RRC's of sewage treatment plant capacity for DVMWPaR. The CITY has entered into a ■Large User Agreement" with Broward County, ( the "COMM"), in which the COWATY 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 DZVWAY=R's contribution charges as described in this &=B MNT, for those units for which CITY is unable to provide capacity provided that DRviLOPRR is not in default of this AST. TOMMSDA-1 li 9SO601 In the avant that the CITY cannot provide Sufficient service as a result of the actions of any regulatory agenay, then the CITY's sole obligation shall be to rotund DEVELOPER$8 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 AGREINW. PART IV. MUTUAL COVZNANT9 04re an t a ties t i o i t th it is mute ly co an77f 0 n In addition to binding DEVELOPER, the provisions of this AGREEMENT shall run with the land and be binding upon and inure to the benefits of successors in title to the PROJECT after this AGREEMENT has been recorded in the Pubic Records of Hroward County, Florida. However, any other assignment or transfer of DEVELOPER's rights and obligations is prohibited unless: I. Assignment shall be done in writing in the mama formality as this AGREEMENT. 2. CITY shall be a party of said assignment and shall not withhold approval of assignment unreasonably. 3. DEVELOPER shall remain primarily liable to CITY for the texas and conditions of this AGREEMENT unless assignment is made in compliance with this section. CITY agrees to execute a "satisfaction by assignment" for DEVELOPER if this AGREEMENT is properly signed. DEVELOPER agrees to make full disclosure to any party purchasing all or any part of the PROPERTY ancompassad by this AGREXHINT as to all the tarns hereof, and with particular reference TUNNSDA-1 12 950601 V to the OVARANTSED RZVMWRS sot forth in Section I of Part II herein. s . PsEM or RRI All prior Developer Agreements or Agreements pertaining to the supply of water and sewer affecting the PROPHRTY are hersby canceled and declared of no force and effect upon that PROPIMTY which is the subject matter of this AGRXZMENT. PART V. MUTUAL ADDITIONAL COVZTANTS CITY shall have the exclusive right to furnish water service and sewage collection service to consumers within the PROPUTY covered by this AORSENW. CO e . �L� pAosrBYT MEPT =Z8RZGLT= sv r DHVMPIR, his successors and assigns, and the owners and ,ago occupanft of buildings on DMLOPSRIs PROPZRTY shall not install or maintain any water wells except for irrigation purposes. oS 0 %o P4 C. oxnzn>. �oN or ASAso>�n►aL:`9_assav� %0. CITY shall have the right to promulgate from time to time reasonable rules and regulations relating to the furnishing of water service and savage collection service to consumers within the PROPSRTY ancomepassed by this A=ZZKM. Such rules and regulations may relate to, but are not limited to, rates, deposits and connection charges and the right to discontinue services under TUMSDA-1 13 950601 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 TAXUL%C OTILITIMS 'MST WATMa AND SSNMR SYSTSM. DMVMLOPMR hereby acknowledges and agrees that the rates are subject to change at any time by CITY. HRM!,19, A. 11"IN, 04 1 RF , P. - v - i F �2 1 li • reepo 41W21 a pass p ]� s clues ix u s e t 9 pr ! t rs, •rs �s ROP •r r ma and • ervie lines (from the water main to the water Meter) and the sewags collection system within granted easements to CITY pursuant to this Mach consumer of water service or sewage collection service on DMVMLOPMR's PROPIRTY shall keep all water pipes, service lines including eleanouts, connections and necessary fixtures and equipment on the pr•Mises 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 not forth above and in applicable CITY regulations. ` finless otherwise specified in this A=XX =T, this AQRMMI=T shall not be binding; until fully executed, but once executed, it shall have a retroactive effect commencing from the date of the City Commission meeting at which it was approved. TUWW$DA-1 14 950601 _, It is assumed that a single family home on the PROPZRTr will be serviced by a 5/9-inch water meter. If a larger water meter is needed, then the owner (whether DZVZLOPZR, Assignee or 8omeowner) will be charged additional contribution charges which sntst be paid at the rate prevailing at the time of the application for larger meter for adds onai CIX- to c e th la r 7 7 N om C I [distri t3 s st D b Fdi red P or; ts, ant -iior water mains, or by any person, firm, corporation or agency, Public or private, unless the Utilities Director has first approved the use and the connection, and there has first bean made adequate provisions for compensating CITY for such water. I. 2Z88 Any temporary cessations or interruptions of the furnishings of water and sever service to the PROPZRTY described herein at any time caused by an Act of God, fires, strikes, casualties, accidents, power failures, necessary maintenance work, breakdowns, demage 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 DZVZLOPZR, his successors and assigns. USE F 1, -1 If any section, subsection Portion of this AGRMBNM is .for unconstitutional by any court` of portion shall be deemed a separat provision and such holding shall no remaining portions hereof. TUNNSDA-1 t sentence, clause, phrase or any reason held invalid or competent jurisdiction such e, distinct and independent affect the validity of the is 950601 This AUXUI=T shall be recorded by the CITY among the Public iRecerds of sroward County, Florida, for the particular 1 a rs au s rope a in o t0 a e toAth s a C not ah d very i s ots a th s t wi e a to d ace a o he r s exec o to s ®d c a o aRTY D � !R t z t t d syst of CITY shall be dewed conclusive evidence of the fact that the said owners or oeaupants have consented to and accepted the AGj=MT herein contained and have become bound thereby. L. KQULXLUMUfi.R82VZV= It is mutually agreed that the ,CZTY shall be held harmless from any and all liability for damages if CXTY's obligations under this AOMM1M cannot be fulfilled as a result of any ruling or order 'by any other::,governmental or regulatory agency having jurisdiction over .00'�-'subject matter hereoft and in such event, this AOAPSKONT 4661 be null and void and enforceable by either party regarding that portion of the DiV=PU's PROPZRTY for which CZTY cannot perform its obligation. 1. The purpose of this Section is to protect the public water main against actual or potential cross-aonaactions and back -flow by isolating within the premises or Private Property contamination or pollution that has occurred or may occur because of sorts undiecoveted or unauthorised Gross-eonnsetion on the premises or Private Property• Z • f Q&= TUMSDA-1 if 950601 t0 W a. No water service connection shall be installed or maintained by the CITY unless the public water main is protected by an Approved back - flow prevention assembly as required by Florida Administrative Code 17-22, applicable DZP regulations, and this Section. b. Any back -flow prevention assembly required herein shall be of a model, type and size approved by the Utilities Director for the City of Tamarac, or his Designee, utilizing acc ted practices and Standards established by is s iat , C- 6- r o i t ofLF11 i Z tu ��5 o t to IF I an •d r did o inued t • TY c A. •mob • y thi Section is not properly installed, tested, and maintained in properly functioning condition, or if it is found that a required assembly has been removed or by-passed. d. Single family residences shall be protected by CO a dual check valve, which will be installed by n a plumber on the outlet side of the motor M after installation of the motor. W Lo to •. All services, other than single-family � residences, shall be protected by an approved p reduced pressure principle assembly or double %O check valve assembly, as determined by the a Utilities Director or his designee, based on Ca planned water usage within the premises. f. Reduced pressure principle and double check valve assemblies shall be procured and installed by DEMOPZR, in accordance with the Standard Hack -Flow prevention Detail Shoot, which is available at the Tamarac Utilities Department, prior to the installation of the TUWWSDA-1 17 950601 water service meter. g. Prior to connection of water service, the back -flow prevention assembly must be inspected and tested by a certified tester. If at the time of testing, the assembly is found to be malfunctioning, the DEVELOPER will be notified by the CITY and water service will not be provided until such time as the back - flow prevention assembly does pass inspection. or t etc ed U HV i r hisgff i s o s a as flow ass emb y shai be per armed by state aer - ow at D / +� ;aw ts d (with resul s i'tt�i 0 s d bTt b y i tester at D OPER R expense. The DRVVRLOPZR/OWNER will be responsible for insuring that proper plumbing permits have been obtained and fees paid. a�^c ro N. N"FTELD PROTRCT=ON t' to DEVELOPER acknowledges that property described in Exhibit %o OAK 1#2/iLaot1 within a Braward County Protected Well Field zone d03 of influence per Broward County Ordinance 84-60 or within an C2 existing or proposed well field zone of influence as determined by W Tamarac Utilities Director. If property is within said zone of .g•.; influence, DEVELOPER agrees to limit uses of property to those uses that are allowed by Froward County Ordinance 84-60 or as it may be amended. DEVELOPER acknowledges that Broward County and the City of Tamarac have ordinances that prohibit discharge of hazardous materials into the sanitary sewer system. (Broward County TUNWSDA-1 18 950601 Ordinance 86-61 and Tamarac Ordinance 85-32). DMLOPRR agrees not to discharge hasardous materials into the sanitary Bearer system as defined by 8raward County Ordinance 86-61 and Tamarac Ordinance 85- 52 or as they may be amended. PART VI. NOTICE Whenever either party desires to give notice to the other, it shall be given by written notice, sent by prepaid certified United States mail, with return receipt requested, addressed to the party r Qi mF1"w-Aii�end4& 4"he "cC s�eeI,i d—aa] the "I c"of `8br`ibe present; the parties din-Ignab the foilowiag as id 1.40 the iz of no :PV 0 R DLV f us City manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 Robert Silverstein, President Arch Aluminum i Glass Co., Inc. 1400 S.W. 6th Ct. Suite F Pompano Beach, Florida 33069 Notice so addressed and ■ent by prepaid certified mail, with return receipt requested, shall be deemed given when it shall have been so deposited in the united States mail. TUWWSDA-1 M, 950601 am rc N 1� a0 -O aS CD %a. co CJN PART VII. ADDITIONAL PROVI8ION8 A. slaza s The following exhibits are attached, as part of this Agreement and are incorporated into this Agreements EXHIBIT "A" - Legal Description of PROPERTY EXHIBIT "B" - Receipt from third party for a portion of contribution charges Included Not Included CO a to lan of o UH z n ad o 9 ch y it; 403- s a. 11 Fit — I M E " -A 1 f r the PER in j��ea C' bud ding, Ze n er o meters: per building, and the aster sise(s). EXHIBIT "E" - Modification of CITY's water or sewer facilities if required by Utilities Director, it applicable. Included Not included x TUNWBDA-1 20 950601 =N 11=TNZ99 WMZRZOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and ACCZPTBD BY CITY OF TAXRRAC delivered in the presence of: T s it . : Tc Qto: s fit. Robert S. Noe, Jr., d5 O gy= City Wanager %0 Carol A. Ivan, W City Clerk Date: fi:../ 9 J pp ov d to to 8 : STATZ OF FLORIDA: Mitchell S. Kraft, : SS City Attorney COUNTY OF : _ $ZRZBY CZRT=FY that oa this day, before me, an officer duly authorised in the State aforesaid and in the County aforesaid to take acknowled t , ersonally appeared 414emm AfJ✓ reuJi�z.- G' to me known to be the perso (a) described in and who exec ted the foregoi instrument andMW acknowledged before me and under oath that' executed the Sam. �aWZTNXSS .»t�✓ my hand and official 0 xora►r sea. 'P ocaolin s?&iior. (v Personally known to me, or ( ) Produced identification seal this �- day at � EOG+�V ART FMXC State of Florida at Large. �sx/ ;4AW Jkkac c/ (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of Z.D. Produced ( D DID take an oath, or 4'4 DID NOT take an oath. TOWWSDA-1 21 950601 Arm sy= Typo Corporate Secr 1.� 51Lvgr1?S7-01fnj sy= Type Name .A$OIL.QAj,�, c„C0. , INC. President ►` `� orate serM al} o 0 � zer _ C=R hi efa if; dui authorised in the state aforesaid and is County foresaid to take acknowledgments, personally appeared to me knows to be the person(s) described in and who executed the foregoi instrument and &,„_ acknowledged before us and under oath that executed the sams. SS my hand and o facial seal this day of 199�• r ; Personally know to me, or Produced identification dtaiei NoTin PUBLIC, state of Florida at Large _&AMLI-e 1-cam (acme of Wotary Public = Print, Stamp, or Type as Commissigned) Type of I.D. Produced ( ) DID take an oath, or ( DID NOT take an oath. TUWWSDA-1 22 950601 m fV a" to di 0 w X Sam Butters and Nat Butters do hereby affirm that I am the Owners of S r, N Plat and that 2 have executed a Water and Sever Developer's Agreement with the City of Tazs so for She Arch Al n dnm project and that I am the onner of the property covered by said DBVBLOPBR'S AQRBBNBNT. There are no mortgages held on the property subject of said DSVXLOPBR's AORBBBiw. P1IRTBB1t Ar1ru r SAMIMff NOT. Sam Butter �S TE e) Thi 9TH 777 OR !LO DA e so COMITY OF Broward � I HEREBY CIRTIWY that on this day, befOre ma, an officer duly authorised in the state aforesaid and in the County aforesaid to take acknowledgments, personally appeared S Butters and Nat Butters to me known to be the person(s) described in and who executed the foregoing instrument and -M All acknowledged before as and under oath that executed the same. WITNEss ay hand and official seal this 9 day of October , 199�. NOTARY PUBLIC, state of Vlorida at Large EDWARD CHINSICY NOTARY PUBLIC, STATE OR FLORIDA COMMISSION NO. CC 848729 COMMISSION EXPIRSS APRIL 20,1l66 1011BOmUNMA IRMUCWID1eRllm= EDWARD CHINSKY (Name of Notary publics print, stamp, or Type as Commissioned) (X) personally know to me, or ( ) produced identification Type of I.D. Produced ( ) DID take an oath, or ( X) DID NOT take an oath. TUMSDA-1 23 9SO601 ATTRM OVNBR By i Sy s IP SAH BUTTERS NAT $UTTERS Type Name Type Name -2- 177,77 a H a H eT�►Tm oar 9LOAIDs s cB V0 11 PDQ h ma, o d authorised in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Alitaxa Aed MR% Butters _ -- to me known to be the persoa(s) described in and who executed the foregoing instrument and t— acknowledged before me and under oath that executed the oar+ WITNS68 my hand and official seal this gtom_ day of October , 199_.5 . NDWARD CHINSKY NOTA1tY PUB14018TATB 0! PWRtDA WUM16810N NO. CC a81444 COUM18810N UVIREB APRiL s0, leu NYN> "MMAfYf1{lLIOfND9w9ZM'sY NOTARY PUBLIC, Ststs of 1llasida at Large EDWARD CHiNSKY (psme of Notary publics Print, otsmp, or Type as Commissioned) t R) personally know to me, or Produced identification Type of I.D. Produced { ) DID take an oath, or ( x) DID NOT take an oath. TUWNSDA-1 24 950601 '' �• 1reNn1Y�M:YIdMrwW • MalAUG HUNE!�INEERlNtI MI nww+l►t�la�"o owl bMNw penle1Aa11 '.at: eNelNeeae•We ! bas 71gegNrtIM1711•rile �• illlEitLIN1:1 tlps NW9sEA; S 1I60.=SD6DIVf S IONS R/w s RWn ►•vr•wA� •-- PO C.RrPALM BEACH apllllfY REtOROS r t viorew stAli) 1• i'fjd ' %' �I SKETCH AND DESCRIPTION .Tlcr,ON •41 A portion of Parcel "B", "S & N PLAT", ucorift to the plat thereof u recorded in Plot Book 154, Pope 38 of the public records of Browwd County, Nor r° tt*ti Fklddo; more fully duallad as follows: Caruncio9 n the Sonkwest corner of uid Peral "B"; there;, North 89° 23' 12" Eest, an the South Ww of said Pawl "B", a dietence of 266.39 jut to the POINT OF BEGINNING; thence continue on the South in at at t 0 e So t Z" W e of .49 t; then h " a full the K oral " • 1" s n s tharllr n diet of .0 t South 04' u • D torte, I 'rep an C r owwd Cs and t ' ' 29,8 i I Ws horaby.artlfy thel this sketch mans the mirlinuall taelulieeel donderds as at forth by the Florida Boad of f holes" Lend Surveyors in Chopter 61617.6, Fonds A1106 etntkn Coda, purawnt to Soction 472.027, F oft Stotutes. Codified Correct. Dated at Fort Uuderdol% Florida tha Sth doy of Saplanba. 1998. TO N aD — J 1 ; 609 N4ifrNlRL)' �OfrMa�+►/ - jt'Y)ra:rY A . to Pwacet w• � a, � W Z c A *16 l uo� 9 911 S9 A its �S.o�•p1•t?"w._____ ILI,37 ' S ql9 • ioo• os I w fW ftlNEL a wr•A•rr i rtt I• _.. t�ttt►tNr i V'r i �► �y I�•ti'I?"� 4/J 50' rR,ttrl V capveive ^7®rAr �tiM` rtwtrs XAvedVRAvar(% e1 coao: nottpo .trMo..vo• t 4 bEE /Ait iot, R (.star OMN a! of i %;*&%*MWN gtFE% TO AEt0R0 PLAT 654/36) As.. ASSUTAE THE SOUTH LINE OF PARCEL'e• Ab N 9ti° i9' IZ"E. p� 6lAI �EpppEOppppdI��L MI�LAl1GW1411 MAMMA= GUGIWERRIM6 CO. OF NA[11111SFNt11fL1< Dil6AMERWInm P Ta i Is mw A tiq U94. It SKfllN PEfLEGTS tor. Etl EN19 AI6xr•6r . V6%swu150WLt1w 1► EAEN 6tLEt4A� CARL E.AL64CKTSEN p l ED INS :. Ift �visJ�EtQS ►OAPDI �I�; s ISoT�RssiRmmo FOIL M0 SUAUN A 4 "ad y NV s Zav�si< y to RUtigllll 111CFA1 1a6 WO`• E 4A110 YIJI.EUS S£pLED W1�t Rl� CPS 0 ► !1� altimm rltEt..:iooK: tor: ,�Fs �11i1� 11 it it X- 0j.;2... =ZBIT D Txmmc WATER AND 9SMER Rglumm DWaLOpKW ARCH ALUMINUM AND GLASS COMPANY, INC. E'ER Q=mm FOR RSo3 GYP! T• Q9e N or aRC'S sxn or NG 0 8 or mizz9 vmg 9SNSR Y or mmzzR9 Aga U P-J] LF,] 1�TSR 9cR�QLS roR NON-RS9lflENTlRi, Q98 S or aRC's siza or :ERvlee Q9e or mm mmgsayER a or rasERs iwzg8 INDUSTRIAL 1 8 8 1 2" 0,,_ DWSTZR(8) CODiWCTED To SBWaR • I nc amm ■ 0 aRC' 8 (BaNSR) TOTAL arc's 8 (Hater) B (Sewer) Page I of 2 TUWWSDA 9SO601 N t0 �O .0 C,7 O tD .D- r-ll�j TBIS PftOJSCT RSQUIR'=S TBS FOLL0I=G SIZE AND NOWSR OF FIRE LIMNS s AT 4" DIANMR ONE AT 8 ■ DIAxirT R AT 6" DIAMBTER _--AT _._. DIANBTER S=RVSD BY KASTXMTSR PUMP STATION N0. 45 8-ERC'S + 7. 58 SITS ACRRS ■ 1.055 BRCOS /SITE ACRE I ZMW C=RTIFY THAT TEE INON-RES=ZNTIAL WATER HSTSRS LISTED ABOVE MEET TR! XZMn UN RZQ=RMMS Of THE BOMB FLORIDA BUII+DING CODS FOR THE zswmDSD USE. Page Z of Z TUNNSDA 9SO601 op Temp. Reso # 7249 CITY OF TAMARACrr�� RESOLUTION NO. R-95-, ��- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A WATER D R DEV OPER'S AGREEMENT WITH ARCH Jr FL� AN CO P N . yc p R 1 IDE IA ATE N R C T 0 1 ING r ' OR A R ND 8 ERC'S F R SEWS ; I 0 �22,040 ; OI F I S; P IDIN F [F E I OR DATE. WHEREAS, the developer, Arch Aluminum and Glass Company, Inc. is constructing a manufacturing plant, Arch Aluminum and Glass Company, Inc. Project located on the south side of Northwest 87 Street between Nob HUI Road and Hiatus Road (shown in map form as Exhibit 1") in accordance with the Site Plan as approved by the City Commission on September 13,1995; and WHEREAS, the developer has offered a Water and Sewer Developer's Agreement to the City of Tamarac for the Arch Aluminum Project as required by Sections 10.82(a)(12),10-121(d),10-122M and 10.123(s); and 1 Temp. Reso # 7249 WHEREAS, the Water and Sewer Developer's Agreement requires the purchase of 8 ERC's for water and 8 ERC's for sewer for a combined CIAO fee of $22,040 as required by Resolution R-94.210; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be In the best Interest of the citizens and residents of the City of Tamarac to execute a Water w r and Sewer Developer's Agreement with the Arch Aluminum and Glass Company, Inc. for �o the Arch Aluminum Project. Co %0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ON. CITY OF TAMARAC, FLORIDA: SEC_TION 1; The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a speck part of this resolution. 2 Temp. Rosa # 7249 SE QN 2: That the appropriate City Officials are hereby authorized to execute a Water and Sewer developer's Agreement with Arch Aluminum and Glass Company, Inc. for the Arch Aluminum Project (attached hereto as "Exhibit 2") and accept R N\ i reby a a d t w in th u f 8 nty. ro aS 0 �o AN Resolutions or parts of Resolutions in conflict herewith are r hereby repealed to the extent of such conflict. SECTjQN b: If any clause, section, other part or application of this Resokftn is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shell not affect the validity of the remaining portions or applications of this Resolution. 3 Temp. Reso # 7249 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of �► A MAN LAMO ATTEST: �i CAROL A. EVANS %0 CITY CLERK � co 1 HEREBY CERTIFY that I have approved this RESOLUTION as to form. ' MAYOR DIST. t. ITCHELL . KRAFT IDIST- x CITY ATTORNEY DIST. & DST. 4: Utillo s-mw 4 REWRD OF COMMISSION VOTE e.9s: 8a EXHIBIT 1 ARCH A.ummuM WATER AID SEINER DV&0PM8 AGRMWIDER IN THE OFFICIAL RECORDS FINK OF BROWARD COUNTY. FLORIDA /. COUNTYA0t:IMSTRATOR yd TR#12762 Exhibit 3 FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: UNIPHARMA (Name of Development) This AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 88th Avenue, Tamarac, Florida 33321, hereafter call "CITY" and Tamarac 10200 LLC having an address at 10200 NW 67th Street Tamarac, FL 33321, hereinafter called "DEVELOPER" WITNESSETH : WHEREAS, CITY and DEVELOPER entered into a Water and Sewer Developer's Agreement for the property described in Exhibit "A" attached hereto and made a part of on December 13, 1995 said agreement recorded on O.R. Book154 Page 38 of the Public Records of Broward County, and; WHEREAS, the parties desire to modify certain terms contained in that Agreement. The First Amendment to the Water and Sewer Developer's Agreement establishes an increase of 16 ERC's for water and sewer from 8 ERC's to 24 ERC's and establishes a new water meter schedule (attached hereto as Exhibit "D"). The new Contribution In Aid of Construction (CIAC) Fees and Equivalent Residential Connections (ERC's) are listed below: The First Amendment to the Water and Sewer Developer's Agreement shall serve as the Assignment of the Water and Sewer Developer's Agreement from Arch Aluminum & Glass Company, Inc. to Tamarac 10200, LLC for the Unipharma Project. The First Amendment to the Water and Sewer Developer's Agreement will provide for an additional 16 ERC's for water and 16 ERC's for sewer, requiring additional contribution charges in the amount of $62,400.00. NOW, THEREFORE, in consideration of the mutual covenant and undertakings of the parties hereto and other good and valuable considerations, the parties hereto covenant and agree as follows: Part II (H) of the Developer's Agreement is amended to read as follows: 980605 1 1 St Amendment to the Water and Sewer Developer's Agreement CONTRIBUTION (WATER) ORIGINAL CONTRIBUTION: 8 Non -Residential ERC's @ $1,205.00 per ERC = $9,640.00 FIRST AMENDMENT CONTRIBUTION: 16 Non -Residential ERC's @ $1,700.00 per ERC = $27,200.00 SUBTOTALS: ERC'S = 16 WATER CIAC FEE = $27,200.00 TOTAL: WATER ERC's = 24 CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: 8 Non -Residential ERC's @ $1,550.00 per ERC = $12,400.00 FIRST AMENDMENT CONTRIBUTION: 16 Non -Residential ERC's@ $2,200.00 per ERC = $35,200.00 SUBTOTALS: ERC'S = 16 SEWER CIAC FEE = $35,200.00 TOTAL: SEWER ERC'S = 24 TOTAL CIAC FEE = $62,400.00 2. Part III (A) of the Developer's Agreement is amended to read as follows: PART III. CITY'S OBLIGATION A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS When, at no cost to CITY, (1) the water distribution and sewage collection systems have been satisfactorily installed, inspected, tested and approved and certified in writing by the DEVELOPER's engineer, together with the Director of Public Services, or his authorized representative; and (2) when DEVELOPER has satisfied the conditions of this AGREEMENT, then CITY shall thereafter maintain the water distribution system and sewage collection system up to and within granted easements upon DEVELOPER's PROPERTY. However, the CITY will only be responsible for the maintenance of the sewer collection system from manhole to manhole and up to the first cleanout of the service lateral within the granted easements and the CITY will only be responsible for the maintenance of the water distribution up to the meter, fire hydrant, or fireline service within the granted easements. The obligation of the CITY to furnish water and/or sewer service other than construction water shall not arise until 980605 2 1 st Amendment to the Water and Sewer Developer's Agreement DEVELOPER has completed the conditions contained in this paragraph. The CITY shall reserve 16 ERC's of water service and 16 ERC's of sewage treatment plant capacity for DEVELOPER. 3. All other provisions of the Developer's Agreement are hereby ratified. 4. This amendment shall become effective on the latest date of execution by a party hereto. 980605 3 1 st Amendment to the water and Sewer Developer's Agreement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: &MARA ���, ACCEPTED Y TY OF TAMARAC �'• ... C •, GRANTE By: : a = Harry essler Mayor 5 ( 1/&tp i !",``1� Date: `�11;� R ® GO�� ATTE 111111,1tttt\` t?ADdo C. Cer c By: � City Manager P icia Teufel, CMC City Clerk Date: / Appr VT as to form: By: STATE OF FLORIDA Sarnfiel S. Goren, COUNTY OF /�+ �� pp614140 • SS City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afo�ge,�pa�i�gJj an in the Coun y aforesaid to take acknowledgments, personally appeared /1I(:keu-1 Ce -ae.-to me know to be the person(s) described in and who executed the fo egoing instrument and � acknowledged before me and under oath that � executed the same. 2016. WITNESS my hand and official seal this TW K 11111"ltlt ap 01104wy Igp1k_0 of Florida lm� • My Co. t*Aug 6. 2018 ComWA01 h r FF 135878 ` Bonded Tkoup Nfdonal Notary Am. ( )c) Personally known to me, or ( ) Produced identification day of 4 , NOTARY PUBLIC, State of Florida' at Large NA �ao- A . 7 (Name of Notary Public: Print, Stamp, or Type s Commissioned) TypeofI.D. Produced ( ) DID take and oath, or (A DID NOT take and oath 980605 4 1 st Amendment to the water and Sewer Developer's Agreement IN WITNESS WHEREOF, Owner has hereunto set his hand and year first above written. A ST� OWNER "02 By; Type Name U sc— Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF By: Type Nan President day and C,LLC +,t HEREBY CERTIFY that n this day, before me, an Officer duly authorized in the State aforesaid Md in tlje 0ty afor sai to take acknowledgments, personally appeared me known be the person(s) described in and who executed he foregoing instrument and acknowle ged before me and under oath that � executed the same. o WITNESS my hand and official seal this day of (� ( 2016. (Personally known to me, or ( ) Produced Identification ="!,;".By Zw!",� FRANCISCO APARICIO • _ Notary Public State of Florida �� oc My Comm. Expires Jun 2, 2017 Commission # FF 13539 at Large . AI os CA) Z `P.i Q (Name of Notary Public: Print, or type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or( ) DID NOT take an oath. 980605 5 1 st Amendment to the Water and Sewer Developer's Agreement IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF MORTGAGEE (If Applicable) By: Type Name President I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of , 2016. ( ) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ( ) DID NOT take an oath. 980605 6 1 st Amendment to the Water and Sewer Developers Agreement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I,0t1tyC`Sy lv►c do hereby affirm that I am the of /0 `� L-L, and that I have executed a Water and Sewer DEVELOPER's Agr ement with the City of Tamarac for A)%k: kl'644' el4l- 1S}kc uhtr% project and that I am the owner of the property covered by said DEVELOPER'S AGREEMENT. There are no mortgages held on the property, which is the subject of DEVELOPER'S AGREEMENT. l-> FURTHER AMANTI$(YETH NOT. (S STATE OF FLORIDA : SS COUNTY OFF_: day of �'�� r rl 20_1�. I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in a County aforesaid to take acknowle gments, personally appeared to me known be the person(s) described in an-d who executed the foregoing instrument and ackno ledged before me and under oath that ✓ executed the same. WITNESS my hand and official seal this 1 day of _ , _ 2016. ITT ( Personally known to me, or ( ) Produced Identification FRANCISCO APARICIO Notary Public - State of Flo My Comm. Expires Jun 2_ 2 BTA�RCUQ - LM-2210o (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ( ) DID NOT take an oath. 980605 % 1 st Amendment to the Water and Sewer Developers Agreement EXHIBIT D FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT DEVELOPMENT: UNIPHARMA ORIGINAL METER SCHEDULE ORIGINAL AGREEMENT CONNECTION Meter ERC s CIAC Fees Industrial Size No. Water Sewer Water Sewer Total Arch Aluminum 2" 1 8 8 $1,205.00 $1,550.00 8 ERC'S Total: 2" 1 8 8 $9,640.00 $12,400.00 $22,040.00 FIRST AMENDMENT METER SCHEDULE CONNECTION Meter ERC's CIAC Fees Industrial Size No. Water Sewer Water Sewer Total Arch Aluminum 2" 2 16 16 $1,700.00 per ERC $2,200.00 per ERC 16 ERC'S Total: 2" 2 16 16 $27,200.00 $36,200.00 $62,400.00 TOTAL ERC'S OF AMENDMENT (WATER) 16 (SEWER) 16 TOTAL AMOUNT DUE: $62,400.00 0 DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH= 0 ERC'S (SEWER) 980605 8 1 St Amendment to the Water and Sewer Developer's Agreement TOTAL ERC'S A(WATER) 10 (SEWER) THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 6m DIAMETER 1 AT 8" DIAMETER AT _ DIAMETER SERVED BY WASTERWATER PUMP STATION NO.45 16 ERC'S 7.58 SITE ACRES= .110 ERC'S/SITE ACRE I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE. 4-2).- 7. 0) � ?F Fi 980605 9 1st Amendment to the water and Sewer Developer's Agreement 400 Northeitst Third Avenue ' McLAUGHLIN ENGINEERING FTLAUD. LAUUEROALE, FLORIDA93301 Telephone (305) 763.7611 ENGINEERS-SURURYORS To copier (305) 763.7615 • t=CEMTrrRLjVAF, MO.= NUMBIER, S UOD.z SUSDIV15ION) R/► 914HT-OF-WAY nae neap PS-C.2=PALM BEACH CG)WTY RECORDS r�/s SCALE; 1" = 2 O 0' JKET[N SKETCH AND DESCRIPTION A portion of Parcel "B", "S & N PLAT", according to the plat thereof as + s recorded in Plat Book 154, Page 38 of the public records of Broward County, ` VOr ro �c9z'd Florida; more fully described as follows: Commencing at the Southwest corner of said Parcel "B"; thence North 89' 23' 12" East, on the South line of said Parcel "B", a distance of 266.39 feet to the POINT OF BEGINNING; thence continue on the South line of said Parcel "B", North 89° 23' 12" East, a distance of 613.50 feet; thence North 01" 04' 45" West, a distance of 330.39 feet; thence South 890 24' 52" West, a distance of 190.49 feet; thence North 010 04' 45" West, a distance of 300.47 feet to a point on the Northerly boundary of said Parcel "B"; thence South 89' 26' 31" West on said Northerly boundary, a distance of 423.01 feet; thence South 01° 04' 45" East, a distance of 631.36 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida and containing 329,921 square feet, or 7.5739 acres more or less. We hereby certify that this sketch meets the minimum technical standards as set forth by the Florida Board of Professional Land Surveyors in Chapter 611317.6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Certified Correct. Dated at Fort Lauderdale, Florida this 8th day of September, 1995. Re-- L86Ac DESe GPTiDv TH/S /3�pQY OFNoV£@V3E2j 1995. /o0'R/W .S. 89°Z!o'3/"W 423.0/' d i2.Oricrry EFJEHENr� �•,/ FA/ecEL %9' 90 �l C Q `5 2� 5qtiara Qs AC �s90.494 52 W z� Nt I rn M � r a h _•° � O I h re, cr rw coeNEz f2'OrrL rrr � PAQCEL /�• �,oJEMervr I PO/Nr as of i /v 851 Z3'/2^E <2,/3.50• co"Mevc6 41--mr ih,11NU S / . C/'ve OFPl+'RCEC W 0TRQcr a P INN FCoR/DA RAc r S FRO//C 4N05 c'oA1PA1✓Y SU819 NO 2 " 4E (PLAT BOOK /� PA4E /02 A/.'") BEARINGS SHOWN REFER TO RECORO PLAT (154/3S) ANDASSUME TRJ ;SOOT14 LINE OF PARCEL-B•A5 N•89e 23' 12"E. LEGALDESCRIPROW PREPARED 54 MtLAUGIAUM EMWEERMG C0.1NIS B't DA4 OF 5EPrEMOER, VMS, AND DOES NOT IIJFERTITLE OROWNERSNIP. THI515 NOT R SURUE4. TNIS SKETCH REFLECTS ML ER ENT9IR140 RIGI3T-OF- Wa45 SNOWtJ ON THE ROOVE ICE ERENCED RECORD M'LAUGNLIM ENOIMEERIMG CO. CARL E. AL5R51<T6E1J LRND 5URUE4OR NO.418s Ma VALID UNLESS SEALED UN AN EMI FIELD BOOK: UOB ORDER.- S ZSGB DRAWI4 B4 -- �J` CFIECKED B4:.T4- - TR-#1 2762 -Extribit "CIO -- TR#12762 f, Exhibit 4 TAMARAC PUBLIC SERVICES ACCEPTANCE TO ASSIGNMENT FOR: UNIPHARMA LLC Name of Development REINALDO J. SANTAMARTA having an part, ATTI Type Name OSCAR V Corporate Secretary (Corporate Seal) STATE OF FLORIDA 10200 NW 67th ST., TAMARAC, FL. 33321 party of the77, d r x=aVsignment of Utility Connections. , ; , SS COUNTY OF Mami-Dade CORPO am P I HEREBY CERTIFY that on this day, befare me, an Officer duly authorized in the State afaresaid and in the County afaresaid to take acknowledgments, personally appeared Reinaldo J. Santamarta to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged befare me and under oath that executed the same. WITNESS my hand and official seal this 6th day of May 2016 S Ppv PUe(i�i' FRANCISCO APARIC]FloridA Notary Public - State ofMy Cornm Expires Jun ,mssion # FF 13 NOTAR' at Large FRANCISCO APARICIO Florida (Name of Notary Public: Print, Stamp, or type as Commissioned) X) Personally known to me, or X) Produced Identification D.L. Type of 1.0. Produced (X) DIO take an oath, or ( ) DIO NOT take an oath. 011405 1 Acceptance and Acknowledgment of Agreement and Cansen! to Assignment TR#12762 Exhibit 5 TAMARAC PUBLIC SERVICES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: UNIPHARMA Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of December 13, 1995, it entered into a Water and Sewer Developer's Agreement concerning Unipharma, "Developer's Agreement", with Arch Aluminum & Glass Company, Inc. as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by Arch Aluminum & Glass Company, Inc. to Tamarac 10200, LLC by Assignment dated June 8, 2016. The City hereby consents to and approves the Assignment of the Developer's Agreement from Arch Aluminum & Glass Company, Inc. to Tamarac 102200, LLC. 980605 1 Acknowledgement of Agreement And Consent to Assignment `\`��►►►�►�►►,,,�� ACCEPTE B ITY OF T RAC P�NC bO si By: ws Harry D ssler _ ; (b� v - Mayor Date: ATTE By: City Manager Patricia Teufel, C C City Clerk Date: Approv 7IMS, trm: By: - erav, c r 't 6. STATE OF FLORIDA Samu S. Goren, SS City Attorney COUNTY OF c)i. n e b : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in t e County foresaid to take acknowledgments, personally appeared e.4 _ �z _ P""b,, P�- to me know�y to be the person(s) described in and who executed the foregoing instrument and 6► acknowledged before me and under oath that e executed the same. WITNESS my hand and official seal this day of , 20J 6. ••""•r�• TINA M. VINEATLEY Not#ry Public - Sloe of FI IN"A • i My Comm. Expires Au16. 2011 iy Commission N FF 135876 OV41d = NOW 1 p Asti' ( tQ Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Flor' a at Large (Name of Notary Public: Print, Stamp, or Types Commissioned) J9 Type of I.D. Produced ( ) DID take an oath, or (xj DID NOT take an oath 980605 2 Acknowledgement of Agreement And Consent to Assignment