HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-053TR 12762
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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
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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
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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
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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
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FIRST AMENDMENT TO THE WATER AND s
SEWER DEVELOPER'S AGREEMENT
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REVISIONS
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UNIPHARMA
EXHIBIT I
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
SEC. 7, TWP. 49, RGE. 41
N..
D..
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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
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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
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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