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Home My WebLink AboutCity of Tamarac Resolution R-2015-060TR#12589 June 4, 2015 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015- (p 0 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 ALLIANCE PJWE L.T.D. PARTNERSHIP, FOR THE WOODLAND MEADOWS DEVELOPMENT, LOCATED AT 5903 NW 57T" COURT, REQUIRING 94 ERC'S FOR WATER AND 94 ERC'S FOR SEWER; 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, Alliance PJWE L.T.D. Partnership, is the current owner of the Woodland Meadows Development, located at 5903 NW 57t" Court (attached hereto in map form as "Exhibit 1 "); and WHEREAS, a Water and Sewer Developer's Agreement currently exists reserving 208.2 ERC's for water and 208.2 ERC's for sewer to accommodate the Woodland Meadows Development, attached hereto as "Exhibit 3", and WHEREAS, Alliance PJWE L.T.D. Partnership, has offered a First Amendment to the Water and Sewer Developer's Agreement to the City of Tamarac for the Woodland Meadows Development, as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); (attached hereto as "Exhibit 2"); and WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement requires 94 ERC's for water and 94 ERC's for sewer, re-establishing a new meter set; and 1 TR#12.589 June 4, 2015 Page 2 of 4 WHEREAS, this First Amendment to the Water and Sewer Developer's Agreement with Alliance PJWE LTD Partnership, shall serve as the Assignment of the Water and Sewer Developer's Agreement from Bershire Property Management to Alliance PJWE L.T.D. Partnership and establish re -metering of the existing meters and comprising a new water meter schedule to accommodate the services for the Woodland Meadows Development; and 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 Alliance PJWE L.T.D. Partnership, be approved, executed and 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 Alliance PJWE L.T.D. Partnership, for the Woodland Meadows Development. 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 94 ERC's for water and 94 ERC's for sewer (attached hereto as "Exhibit 2") with Alliance PJWE L.T.D. Partnership, for the Woodland Meadows Development, located at 5903 NW 57" Court. k, 1 1 'T1 TR#12589 June 4, 2015 Page 3 of 4 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 Woodland Meadows Development (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 Woodland Meadows Development (attached hereto as "Exhibit 5") SECTION 5: The City will waive any collection of fees at this time. 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. TR#12589 June 4, 2015 Page 4 of 4 SECTION 9: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this fA day of VVZ11 2015. — j � e� HARRY DRESSLER MAYOR 0 PATRICIA TEUFEI , CMC CITY CLERK ��// MAYOR DRESSLER DIST 1: VICE MAYOR BUSHNELL C DIST 2: COMM. GOMEZ DIST 3: DIST 4: COMM. GLASSER COMM. PLACKO --a I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM C41 Lj"jvv nib SAMtL S. GOREN CITY ATTORNEY 1 1 Temp. Reso. No. # f 2589 CITY OF_TAMARAC Scale: N.T.S N" N6 P ENGINEERING DIVISION SHEET 1 OF 1 W E s sa S FIRST AMENDMENT TO THE WATER & SEWER DEVELOPER'S AGREEMENT TR#12589 BAILEY RD BAILEY BU EYE CT�� MEAUHAM �� /CLI�BHSE DR g AK R J gVWppDLAN Lo LAKE 61 P L \\ Z z ILLA E J BANYAN -j U w w 3 SHAKER ANN LEE L �\ ; \�\�� z 60 \\\\ BER DA W❑❑D W ¢ SPINNING i \\�\\ un z N VILLAS AT WH EL L \\ \ \ . a LIVE OAK CT WOODLAND i I COND S�. > GREEN Q i 59 PL O v z D Q \\ z PLEASANT i I 59 ST Ln \ AND SEC. 11 PL \\ P HILL L : ai WOOD q� Z W PLEASANT i. N GLEN Q z v \\ \\ ¢ �' HILL L i CONDO �q > ¢ 3 U i GPNTEBURY 57 CT Q m > 3 A y LN u� Q a I 58 ST v `S FAITH o UNITED 00 ° P BLUBUDA �' i & v CHURCH 57 CT i G� 3 � THE Z 57 Lo ST � z w v QL u� J¢ 57 ST F❑UNTAINS > 56 PL APARTMENTS Q } is z �, W❑❑DLAND Q WOODLAND Q jw MEAD❑WS 3 GREENS 3 Q AI- 5 ODi:i: :i:i: C3 THE FOUNTAINS CORP, CEN. C❑MM RCIAL BL D� 58 PL „ I av, 3 13 W C❑ M w r E OAK C (CO RD. 870) 1 w 56 ST Y 56 S Q W A Y U —� > U a\\ \ \ \\ Y Z W Q Q U Z Z Q G \\\\ \\\ \.... g o w BLUE l✓q \ \\\\. 3 o Y Vq �� Q Q \\ \\\ El gE BSI E L 01t gUST W W WATER OAK C W W W �'IN R IAN W W W W D SEC, Q O �• tTC- HICK�R REVISIONS N.V. Dw sar. DW: 111J41M14 Daly 11/04/2014 WOODLAND MEADOWS EXHIBIT Nw Dab R- . Draunt Dr. D.J.I D. CITY OF TAMARAC' BROWARD COUNTY, FLORIDA SEC. 11, TWP. 49, RGE. 41 Approu.d fir Dah: ki Exhibit 3 a TR#12589 95-111619 T#'002 03-16-95 10:32AM In DEVELOPER'S AGREEMENT FOR: _ Woodland Meadows Apartments (Name of Development) GENERAL LOCATION: 5903 N.W. 57th Court Tamarac, Fl. 33319 THIS AGREEMENT effective this a S day of 19.q-5 made and entered into by and between: The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called "CITY" and Berkshire Property Management at 1000 Parkwood Circle , Suite 900, Atlanta, Ga. 30339 hereinafter called "DEVELOPER". and Berkshire Property, Management at 1000 Parkwood Circle, Suite 900, Atlanta, Ga. 30339 , hereinafter called "OWNER". W I T N E S S E T H WHEREAS, CITY is the owner and operator of a water treatment plant, together with water distribution and sewage collection facilities known as "TAMARAC UTILITIES WEST WATER AND SEWER SYSTEM"; and WHEREAS, DEVELOPER owns or controls certain real property in Broward County, Florida as shown and described in Exhibit "A" attached hereto and made a part of hereof; and all references made in this AGREEMENT to PROPERTY shall refer specifically to DEVELOPER'S PROPERTY described in Exhibit "All attached; and WILc 6A.& PRUAR-M by IV- P-tl O TO , . -1- CITY OF TAMARAC 7525 N. W. 88 AVENUE TAMARAC, FLORIDA 33321 'W City Clerks Dept r'9� o 6 • WHEREAS, DEVELOPER and OWNER desire to procure water service or sewage disposal service or both from the CITY for the PROPERTY; and WHEREAS, the parties desire to enter into an AGREEMENT setting forth the mutual understanding and undertakings regarding the furnishing of said water and sewer services for the PROPERTY; and WHEREAS, this AGREEMENT and all stipulations and covenants made herein are acknowledged to be subject to the approval of every County, Regional, State and Federal regulatory agency having jurisdiction of the subject matter of this AGREEMENT. WHEREAS, CITY has received proof of payment by DEVELOPER of any portion of contribution -in -aid -of -construction charges owed to third parties, and which is attached as Exhibit "B"; WHEREAS, the City Council has approved this AGREEMENT and has authorised the proper city officials to execute this AGREEMENT by motion passed at a regular City Council meeting on , 19 . NOW, THEREFORE, in consideration of the mutual covenants and undertakings of CITY and DEVELOPER and other good and valuable considerations, these parties covenant and agree with each other as follows: PART I. DEFINITIONS A. The term DEVELOPER shall refer to the Contracting Party in this AGREEMENT who has an ownership interest in the PROPERTY. Is that interest fee simple? ,_YES or NO. If no, then the nature of the interest is best described as . If DEVELOPER is not the OWNER, then the OWNER joins in this AGREEMENT and agrees to be jointly. and severally liable for the responsibilities of the DEVELOPER enumerated in this AGREEMENT. B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to in this AGREEMENT as ERC, is the assumed average daily flow of a detached single-family residential unit. C. The term PROPERTY, refers to the real property described in Exhibit "A" attached to and incorporated into this AGREEMENT. D. The term GUARANTEED REVENUE refers to a fee paid by DEVELOPER to defray the cost to CITY of maintaining reserve water and sewer systems. The GUARANTEED REVENUE is equal to the applicable monthly service availability charge for water and sewer service. -2- PART II. DEVELOPER'S OBLIGATIONS A. INSTALLATIONS IN COMPLIANCE WITH SPECIFICATION 1. DEVELOPER, at his expense and at no expense to the CITY, shall design, construct and install all necessary water distribution and sewage collection lines, over, through, under, across and past the PROPERTY in accordance with plans, specifications and engineering data as submitted by a Florida registered engineer to be approved by the appropriate governmental regulatory agencies and by the City Engineer, or his authorised representative; and said water distribution and sewage collection lines shall be installed and connected to CITY's existing water distribution and sewage collection lines, all of which work shall be paid for by the DEVELOPER. 2. All installations shall be installed at DEVELOPER'S expense and shall include, without limitation, all gravity flow mains, force mains, pump stations and lift stations required for the furnishing of service to the PROPERTY. At the time of submission of the plans, specifications and engineering data by DEVELOPER to the City Engineer, IF THIS AGREEMENT IS FOR (10) OR MORE ERC'S, DEVELOPER shall pay to CITY a Plan Review Fee of $750.00 (to be paid one time only). Said Plan Review Fee is to compensate CITY for CITY's expense in having said plans, specifications and engineering data reviewed by the City Engineer or his authorised representative. B. INSPECTION AND SUPERVISION BY DEVELOPER'S ENGINEE DEVELOPER shall, at his expense, and at no expense to the CITY, retain the services of a registered professional engineer for the purposes of providing necessary inspection and supervision of the construction work to insure that construction is at all times in compliance with accepted sanitary engineering practices and in w compliance with the approved plans and specifications. DEVELOPER shall notify CITY in writing of such appointment. A copy of each w co field report shall be submitted to the City Engineer. Should there .0 be cause or reason for the DEVELOPER to engage the services of a M registered engineer (other than the design engineer) for C:) inspections, then DEVELOPER shall notify the CITY within five (5) days of such engagement. The DEVELOPER'S Engineer of Record shall prepare "As - Built" drawings of all construction. C. PRECONSTRUCTION MEETING DEVELOPER and his Contractor shall arrange for and hold a preconstruction meting with the City Engineer or his authorised representative. Notification of said meeting shall be made in -3- • writing and received by all parties seventy-two hours in advance of said meeting. The meeting shall be held at least twenty-four (24) hours prior to start of each phase of construction. An Engineering Permit, payment of engineering fees and bonding based on a Certified Cost Estimate, prepared by DEVELOPER'S registered engineer, shall be required prior to any construction. D. WRITTEN APPROVAL OF CITY ENGINEER The work to be performed by DEVELOPER, as provided in this AGREEMENT shall not commence until all plans and specifications covering the work to be performed are approved in writing by the City Engineer or his authorised 'representative. Approved plans and permits must be on site at all times. E. ENGINEERS PRESENT AT TESTS During construction and at the time when periodic inspections are required, the City Engineer or his authorised representative shall be present and DEVELOPER'S engineer shall be present to observe and witness tests for determination of conformance to approved plans and specifications. The City Engineering Inspector shall be on site at all times during sanitary sewer installation, and notified before any water lines are installed. F. COMPLIANCE WITH APPLICABLE LAWS The work to be performed by DEVELOPER, pursuant to the provisions set forth herein, shall be in accordance with all requirements of the regulatory agencies which have jurisdiction over the subject matter of this AGREEMENT as well as all applicable Federal and State Statutes, County and CITY ordinances. The requirements of this paragraph shall govern, regardless of any errors or omissions in the approved plans or specifications. G. AS -BUILT DRAWINGS Hi DEVELOPER shall, at his own expense and at no expense to the CITY, furnish to the. CITY one complete set of reproducible mylar and two sets of prints of As -built drawings prepared by a Florida registered engineer who designed the water distribution and sewer systems or by any other engineer retained by the DEVELOPER. The As -Built drawings shall be approved by the City Engineer. As - Built drawings shall be certified and sealed by the DEVELOPER's engineer showing all pertinent information as to all mains, services and appurtenances belonging to, and affecting the water distribution and sewage collection systems and service lines as -4- le_ jS Odd r constructed in the field, As -Built drawings shall also show the actual locations of all surface features including all paving and drainage facilities constructed in conjunction with the water and sewerage facilities. H. CONTRIBUTION PAYMENTS FROM DEVELOPER The contribution charges (both water and sewer) shall be calculated according to rates set by Resolution of the City Council. The contribution charges shall be computed based upon the DEVELOPER'S representation on the approved final site plan for the PROPERTY. A copy of said plan shall be reduced to 8-1/2" x 11" and attached to this AGREEMENT as Exhibit "C". Exhibit "D" is attached to this AGREEMENT and shall indicate the number of buildings to be built, number of residential, non-residential and accessory units and ERC's per building and the number of meters and meter sizes. Payment of the contribution charges is a condition precedent to the execution of this AGREEMENT. The contribution charges applicable for this AGREEMENT are summarized as follows: CONTRIBUTION (WATER) Residential # 296 Units X 0.70 ERC's Per Unit 0 $h/ Z/ Jdd Per ERC Non -Residential # 1 ERC's 0 $1 205.00 Per ERC Total ERC's 208.2 (WATER) Total Contribution $1,205.00 CONTRIBUTION (SEWER) Residential # 296 Units X0.70 ERC's Per Unit 0 $h/ fi/./dd Per ERC Non -Residential # 1 ERC's ® $1,550.00 Per ERC Total ERC's 208.2 (SEWER) Total Contribution $1,550.00 The DEVELOPER has paid to the CITY the sum of dollars ( $ 2 , 755.00 -)for contribution charges. Unless City Council, at the time of adoption of this AGREEMENT by Resolution, approves alternative payment procedures, all Contribution charges have been paid, as evidenced b i Lure o irector: Stanley Hawthorn ance Directo Date I. GUARANTEED REVENUES 1. DEVELOPER shall pay to the City, GUARANTEED REVENUES when due, at the rates in effect when due, as amended from time to time. GUARANTEED REVENUE is equal to the minimum service availability charge for water and sewer service. GUARANTEED REVENUES are due and payable monthly. -5- Lacs rc F+a7 to W ca oa CD _• J 2. The payment of GUARANTEED REVENUES required by this AGREEMENT shall commence six (6) months after the payment of CIAO Fees. Has a Plat for the property been recorded with Broward County X YES NO. If NO, then GUARANTEED REVENUES commence one (1) year after the effective date of this AGREEMENT. GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to the PROPERTY unless otherwise specified by this AGREEMENT. 3. GUARANTEED REVENUE, if initiated shall no longer accrue for a unit when metered water and sewer service is established at a particular building and the required customer deposits are paid to the CITY. However, if accounts are open in the DEVELOPER'S name and closed without a new account being established, the GUARANTEED REVENUES shall resume. 4. The parties acknowledge the GUARANTEED REVENUE payments made by the DEVELOPER shall be considered as revenue (income) . J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE NECESSARY In addition to all other obligations of this AGREEMENT, DEVELOPER may be required by the CITY to make modifications to the CITY's water and sewage systems because of the development's impact on the systems. The modifications are set forth in Exhibit "E" and they shall be performed by DEVELOPER prior to the issuance of the first Certificate of Occupancy, unless provided in this AGREEMENT. K. DELINQUENT PAYMENTS DEFAULT, NOTICE OF DEFAULT 1. If any payment of GUARANTEED REVENUES required by w this AGREEMENT is more than fifteen (15) days late, the CITY shall w send the DEVELOPER a notice of delinquency by prepaid certified co 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 0 constitute a default by the DEVELOPER. -J 2. Other than required payment of GUARANTEED REVENUES, -j if any act required by this AGREEMENT is not timely accomplished or if any act prohibited by this AGREEMENT is done, then this AGREEMENT shall be in default. Notice of default and the grounds for default shall be sent to the DEVELOPER by the CITY as provided in Part VI of this AGREEMENT. L. SANCTIONS AND PENALTIES Should DEVELOPER be in default of this AGREEMENT, it is agreed that the CITY shall have the right to exercise any of the following sanctions or penalties: -6- 4, �5-, 0!� • 1. Any reserved plant capacity under this AGREEMENT may be rescinded and forfeited. 2. The site plan for the PROPERTY is voidable by Resolution of the City Council. 3. No final inspections shall be approved by CITY. 4. 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 CITY from DEVELOPER which are not paid. The penalty, when applicable, shall accrue from the due date of payment as provided in this AGREEMENT. 6. The CITY shall be entitled to lien the PROPERTY and foreclose the lien in satisfaction of any payments due under this AGREEMENT. 7. CITY shall be entitled to any other remedy at law and failure to exercise any remedy shall not constitute a waiver of said remedy. M. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF DEVELOPER Prior to acceptance of the work required to be done, DEVELOPER shall, without cost to CITY: 1. Convey to CITY and its successors and assigns, by good and sufficient exclusive easement deed, in a form satisfactory to CITY, a perpetual right, easement and privilege to operate, maintain, repair or replace all water and sewer mains, pipes, connections, pumps and meters within granted easements upon DEVELOPER's PROPERTY in connection with supplying water and sewer service to the inhabitants, occupants and customers in DEVELOPER's PROPERTY and secure from each mortgage and lienor a release of mortgagees' and lienors' interest in the easement and fixtures thereon for so long as the easement is used for the operation, maintenance, repair or replacement of water and sewer mains, pipes, connections, pumps and meters within the easements. Easements shall be a minimum of 20' wide for sewer and IS' wide for water. 2. Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER's right, title and interest in and to all of the water and sewer supply lines, mains, pumps, connections, pipes, valves, meters and equipment installed up to and within granted easements -7- c�a Tc NZ ca ca co -o c3 C7) --J E f(.95 =v8 El and right-of-way within the PROPERTY and off -site improvements installed for the purpose of supplying water distribution and sewage collection for DEVELOPER'S PROPERTY. 3. Furnish CITY with an AFFIDAVIT that all persons, firms or corporations who furnished labor or materials used directly or indirectly in the prosecution of the work required to be performed by this AGREEMENT have been paid, or in the event of a dispute between the DEVELOPER and a contractor or subcontractor, furnish CITY with a BOND in the amount in dispute and in a form acceptable to the CITY. 4. Furnish CITY with a satisfactory surety bond or letter of credit in the amount of twenty-five percent (25%) of the cost of the work, in a form acceptable to the CITY, guaranteeing all work installed pursuant to this AGREEMENT against defects in materials, equipment or construction for a period of not less than one (1) year from date of acceptance of same by CITY. S. Furnish CITY with T.V. inspection and air test of the sanitary sewer collect system performed one (1) month before i- year warranty period expires. 6. Install cleanout on consumer's sanitary service in accordance with current Utility Standard Detail. 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 City Engineer, or his authorized representative; and (2) when DEVELOPER has satisfied the conditions of this AGREEMENT, then CITY shall thereafter maintain the water distribution system and sewage collection system up to and within granted easements upon DEVELOPER'S PROPERTY. However, the CITY will only be responsible for the maintenance of the sewer collection system from manhole to manhole and up to the first cleanout of the service lateral within the granted easements and the CITY will only be responsible for the maintenance of the water distribution up to the meter, fire hydrant, or fireline service within' the granted easements. The obligation of the CITY to furnish water and/or sewer service other than construction water shall not arise until DEVELOPER has completed the conditions contained in this paragraph. The CITY shall reserve 208.2 ERC's of water service and 208.2 ERC's of sewage treatment plant capacity for DEVELOPER. -s- a) n N ca c co ro O -_i U*7 H. SERVICE CONDITIONS ON LARGE USER AGREEMENT The CITY has entered into a "Large User Agreement" with Broward County, (the "COUNTY"), in which the COUNTY has agreed to make future sewage treatment capacity available at its regional wastewater treatment plant. in the event CITY cannot provide sufficient capacity, as a result of COUNTY's action, the CITY's sole obligation shall be to refund DEVELOPER'S contribution charges as described in this AGREEMENT, for those units for which CITY is unable to provide capacity provided that DEVELOPER is not in default of this AGREEMENT. C. IMPOSSIBILITY TO PROVIDE.SERVICE In the event that the CITY cannot provide sufficient service as a result of the actions of any regulatory agency, then the CITY's sole obligation shall be to refund DEVELOPER'S contribution charges as described in this AGREEMENT, for those units for which CITY is unable to provide that DEVELOPER is not in default of this AGREEMENT. PART IV. MUTUAL COVENANTS It is mutually agreed by and between the parties that the preambles contained at the beginning of this AGREEMENT are true and correct and in addition to them, it is mutually covenanted and agreed,. as follows: A. ASSIGNMENT OF THIS AGREEMENT In addition to binding DEVELOPER, the provisions of this AGREEMENT shall run with the land and be binding upon and inure to the benefits of successors in title to the PROJECT after this AGREEMENT has been recorded in the Pubic Records of Broward County, Florida. However, any other assignment or transfer of DEVELOPER's rights and obligations is prohibited unless: 1. Assignment shall be done in writing in the same formality as this AGREEMENT; 2. CITY shall be a party of said assignment and shall not withhold approval of assignment unreasonably; and 3. DEVELOPER shall remain primarily liable to CITY for the terms and conditions of this AGREEMENT unless assignment is made in compliance with this section. CITY agrees to execute a "satisfaction by assignment" for DEVELOPER if this AGREEMENT is properly signed. -9- co w w co -3 M, O �e- 5�-- 0 ? • DEVELOPER agrees to make full disclosure to any party purchasing all or any part of the PROPERTY encompassed by this AGREEMENT as to all the terms hereof, and with particular reference to the GUARANTEED REVENUES set forth in Section I of Part 11 herein. B. REPEAL OF PRIOR AGREEMENTS All prior Developer Agreements or Agreements pertaining to the supply of water and sewer affecting the PROPERTY are hereby cancelled and declared of no force and effect upon that PROPERTY which is the subject matter of this AGREEMENT. PART V. MUTUAL ADDITIONAL COVENANTS PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER It is mutually covenanted and agreed by and between the parties as follows: A. EXCLUSIVE RIGHTS OF CITY CITY shall have the exclusive right to furnish water service and sewage collection service to consumers within the PROPERTY covered by this AGREEMENT. B. WELLS PROHIBITED EXCEPT FOR IRRIGATION DEVELOPER, his successors and assigns, and the owners and occupants of buildings on DEVELOPER'S PROPERTY shall not install or maintain any water wells except for irrigation purposes. C. PROMULGATION OF REASONABLE RULES OF SERVICES CITY shall have the right to promulgate from time to time reasonable rules and regulations relating to the furnishing of water service and sewage collection service to consumers within the PROPERTY encompassed by this AGREEMENT. Such rules and regulations may relate to, but are not limited to, rates, deposits and connection charges and the right to discontinue services under certain conditions. The water and sewer rates to be charged by CITY to said customers shall be the rates now or hereafter charged to other customers within the area of service of TAMARAC UTILITIES WEST WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and agrees that the rates are subject to change at any time by CITY. D. CITY NOT LIABLE FOR DEVELOPER'S OR CONSUMER'S PROPERTY CITY shall not be liable or responsible for maintenance or operation of any pipes, pipelines, valves, fixtures or equipment -10- m t.� w 00 Oa CD v EU • on any of the properties of the customers, consumers or users on DEVELOPER's PROPERTY other than the water main to the water service lines (from the water main to the water meter) and the sewage collection system within granted easements to CITY pursuant to this AGREEMENT. E. SYSTEM ON CONSUMER' S PROPERTY TO BE KEPT IN GOOD WORKING CONDITION Each consumer of water service or sewage collection service on DEVELOPER's PROPERTY shall keep all water pipes, service lines including cleanouts, connections and necessary fixtures and equipment on the premises occupied by said consumer, and within, the interior lines of the lot occupied by the consumer in good order and condition. The sale of water by CITY to the consumer shall occur at the consumer's side of the meter but the obligation for the maintenance of the lines shall be as set forth above and in applicable CITY regulations. F. EFFECTIVE DAT Unless otherwise specified in this AGREEMENT, this AGREEMENT shall not be binding until fully executed, but once executed, it shall have a retroactive effect commencing from the date of the City Council meeting at which it was approved. G. OVER -SIZE METERS ON SINGLE FAMILY HOMES It is assumed that a single family home on the PROPERTY will be serviced by a 5/8-inch water meter. if a larger water meter is needed, then the owner (whether DEVELOPER, Assignee or Homeowner) will be charged additional contribution charges which must be paid at the rate prevailing at the time of the application for larger meter for additional ERC's, to accommodate the larger meter. H.. CONDITIONS ON FIRE HYDRANT USE No water from CITY's water distribution system shall be used or disbursed by DEVELOPER or his agents, through fire hydrants or water mains, or by any person, firm, corporation or agency, public or private, unless the City Engineer has first approved the use and the connection, and there has first been made adequate provisions for compensating CITY for such water. I. DISCLAIMER Any temporary cessations or interruptions of the furnishings of water and sewer service to the PROPERTY described herein at any time caused by an Act of God, fires, strikes, casualties, accidents, power failures, necessary maintenance work, -11- breakdowns, damage to equipment or mains, civil or military authority, riots or other cause beyond the control of the CITY shall not constitute a breach of the provisions contained herein nor impose liability upon the CITY by the DEVELOPER, his successors and assigns. J. SEVERABILITY if any section, subsection, sentence, clause, phrase or portion of this AGREEMENT is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. K. RECORDING OF AGREEMENT This AGREEMENT shall be recorded by the CITY among the Public Records of Brovard County, Florida, for the particular purpose of placing all owners or occupants of properties in DEVELOPRER's PROPERTY connected to or to be connected to said water and sever systems of CITY upon notice of each and every one of the provisions herein contained to the same extent and with the same force and effect as if said owners and occupants had joined with the parties to this AGREEMENT in the execution thereof; and the acquisition or occupancy of real PROPERTY in DEVELOPER's PROPERTY connected to or to be connected to the said water and sever systems of CITY shall be deemed conclusive evidence of the fact that the said owners or occupants have consented too and accepted the AGREEMENT herein contained and have become bound thereby. L. HOLD HARMLESS PROVISION m N It is mutually agreed that the CITY shall be held N harmless from any and all liability for damages if CITY's W obligations under this AGREEMENT cannot be fulfilled as a result of m any ruling or order by any other governmental or regulatory agency having jurisdiction over the subject matter hereof; and in such p event, this AGREEMENT shall be null and void and enforceable by __.t either party regarding that portion of the DEVELOPER's PROPERTY for N which CITY cannot perform its obligation. N. CONTROL OF CROSS CONNECTIONS AND BACK -FLOW 1. The purpose of this Section is to protect the public water main against actual or potential cross -connections and back -flow by isolating within the premises or Private Property contamination or pollution that has occurred or may occur because of some undiscovered or unauthorized cross -connection on the premises or Private Property. -12- • 2. POLICY a. No water service connection shall be installed or maintained by the CITY unless the public water main is protected by an Approved back - flow prevention assembly as required by Florida Administrative Code 17-22, applicable DER regulations, and this Section. b. Any back -flow prevention assembly required herein shall be of a model, type and size approved by the Public Services Director for the City of Tamarac, or his Designee, utilising accepted practices and Standards established by the American Water Works Association, AWWA C-506-78 or American Society of Sanitary Engineers standard 1024. C. Service of water to any premises shall be denied or discontinued by the CITY if a back - flow prevention assembly required by this Section is not properly installed, tested, and maintained in properly functioning condition, or if it is found that a required assembly has been removed or by-passed. d. single family residences shall be protected by a dual check valve, which will be installed by a plumber on the outlet side of the meter after installation of the meter. s. All services, other than single-family residences, shall be protected by an approved reduced pressure principle assembly or double check valve assembly, as determined by the Public Services Director or his designee, based on planned water usage within the premises. f. Reduced pressure principle and double check valve assemblies shall be procured and installed by DEVELOPER, in accordance with the Standard Back -Flow Prevention Detail Sheet, which' is available at the Tamarac Utilities Field operations Department, prior to the installation of the water service meter. q. 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 -13- L*i • found -to be malfunctioning, the DEVELOPER must notify the CITY and water service will not be provided until such time as the back -flow prevention assembly does pass inspection. h. Annual (or at intervals determined by Public Services Director or his designee) inspections and tests of back -flow prevention assembly shall be performed by state certified back - flow tester. DEVELOPER/OWNER must have tests performed (with results submitted to Public Services Director) by a State certified back - flow tester at DEVELOPER/OWNER expense. The DEVELOPER/OWNER will be responsible for insuring that proper plumbing permits have been obtained and fees paid. N. WELLFIELD PROTECTION DEVELOPER acknowledges that property described in Exhibit "A" QMis notf within a Broward County Protected Well Field zone of influence per Broward County Ordinance 84-60 or within an existing or proposed well .field zone of influence as determined by Tamarac Public Services Director. If property is within said zone of influence, DEVELOPER agrees to limit uses of property to those uses that are allowed by Broward County Ordinance 84-60 or as it may be amended. O. PROHIBITED HAZARDOUS MATERIALS DEVELOPER acknowledges that Broward County and the City of Tamarac have ordinances that prohibit discharge of hazardous materials into the sanitary sewer system. (Broward County Ordinance 86-61 and Tamarac Ordinance SS-52). DEVELOPER agrees not to discharge hazardous materials into the sanitary sewer system as defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85- 52 or as they may be amended. PART VI. NOTICE Whenever either party desires to give notice to the other, it shall be given by written notice, sent by prepaid certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place specified as the place for giving of notice, which shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for the giving of notice: -14- C" ra w w co -v ca a N ch �C- 9�-- or 91 • FOR CITY OF TAMARAC FOR THE DEVELOPER Berkshire Property Management 1000 Parkwood Circle Suite 900 City Manager Atlanta, Ga. 30339 7525 Northwest Seth Avenue Tamarac, Florida 33321 Notice so addressed and sent by prepaid certified mail, with return receipt requested, shall be deemed given when it shall have been so deposited in the United States mail. PART VII. ADDITIONAL PROVISIONS A. EXHIBITS The following exhibits are attached, as part of this Agreement and are incorporated into this Agreement: EXHIBIT "A" - Legal Description of PROPERTY EXHIBIT "B" - Receipt from third party for a portion of contribution charge: Included Not Included X EXHIBIT "C" - A copy of the site plan of the PROPERTY reduced to 8-1/2 inch by 11-inch or 14- inch page size. EXHIBIT I'D" - A listing for the PROPERTY indicating the number of ERC's allocated to each building, the number of meters per building, and the meter size(s). EXHIBIT "Ell - Modification of CITY's water or sewer facilities if required by City Engineer, if applicable. Included Not Included X -15- • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Corporate ATT T: c� By� n �� . Robert S. Noe, Jr., City Manager ATTEST: By:22�-- Carol A. Evans, City Clerk STATE OF FLORIDA COUNTY OF '84� 88 ACCEPTED BY CITY OF TAMARAC Q EE By. Orman Abramowitz, Mayor Date: S 179' By: Robert S. Noe, Jr., City Manage= Date: ab to City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorised in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared No��s., /�,�ia�.wa.�i'.a.l?r6t,.t5 Net,. to me known to be the person(a) described in and who ecuted the f_Qragoinq instrument and �"`�'� acknowledged before as that 744n� executed the same. F WITNESS my hand and official seal this / day of 19 TS - Personally known to me, or ( ) Produced identification &". Aa4&f NOTARY PUBLIC, a of Florida at Large po bleoFF (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID take an oath, or ( ) DID NOT take -16- an oath. E CIAL NOTARY SEAL NYLLN PONNOIMNNUION NIIOEER OOMWSem EXP. �� - 9,5-- 09 DEVELOPER ER By: Larry Gerber President (corporate Sell) apMMoNW&AL-WO of MASrAC, Vj0rrs STME Of SS COUNTY OF a u FFo 4{ s 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 LAM vRE/IJ&0 MOAPR 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 Q+JL day of 19 OARY PUBLIC, �—fT F cmno E��. hEMN � THY a Fn�q.tritC�w,tE7TJ OenM WeM Massachusetts it �� 191i1 (Name of Notary Publits _ Print, Stamp or Type -at Commissioned) 06 Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or'(--P) DID NOT taken an oath. 062392 -17- AWSDA aQ w w r� w co -v ca C •J N co ATTEST: Corporate Secretary (Corporate Seal) MORTGAGEE (If Appl By: STATE OF FLORIDA i SS COUNTY OF THEREBY CERTIFY that on this ! authorized in the State of -aforesaid take acknowledgements, personally President before me, in officer duly id in the County aforesaid to cared to as known to be the person(s) �Vescribed in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and off cial seal this day of NOTARY PUBLIC# STATE OF Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ) Personally own to me, or co ( ) Produced entification Type Of I.D. Produced w ( ) DID to a an oath, or ( ) DID NOT take an oath. w m -v G7 GDP N tf3 -Is- • ATTEST: By: (Corporate Beal) OWNER STATE OF FLORIDA SS COUNTY 1OF I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid a in the County aforesaid to take acknowledgements, personally a peared to me known to be the person(s) Oscribed in and who executed the foregoing instrument and acknowledged before as and under oath that executed thre am. WITNESS my hand and of al seal this day , 9 . ( ) Personal ( ) Produced ( ) DID NOTARY PUBLIC# State of Florida at Large (Name of Notary Pubic: Print, stamp, or Type as Commissioned) own to me, or tification / Type of I.D. Produced an oath, or ( ) DID NOT take an oath. -19- it SMALL BE FI uvP•�.._- 6Iaf" „r}n* �pPLICp,BLE do herebY&e and that I Lev EN E (,.E *FP-y I S„mr� A Qzo..� pox��'"'fo1 I the ES 6 N 7- Of T 144 on er P a a Peter Devrloi?8 a 1L`RI that I am amendment to a water uM ��1 executed �' '��` � have t e Agreement. held on the Property which is There are no mortgages Agreement' subject of said Dsveloper's FURTHER AFFIANT SAYETH NOT' TATB Larry Gerber 19 of This'�'�`- day - 5 LTf� OF M�JAC�i 07-% } SS' oftioer cUFFO(-�{) befoin the County COUNTY OF on this say' CERTIFY that store and earsd I HEREBY the state mstore personally aPP duly authorized in owledg d Who exeaut� atorosai8 'to nee �_ bstor aoks ow • ma _.,,,.. (g) de edged known to be ant and the foregOu oing iastrum exet*& the Some. aft. day of that �. seal ne an this bad official WITNESS mY , 19 Q.SE (�/�'��►!o/�N%� Y P LIC i O 0 ,r/.0 E7 7 -J Tw ER1N 4 Pubes public o coma '4yq(same og Notary or TYPO as MY Cam print. Stamp CommissiOnefl} per6ona11Y known to me, or ( / Type o! I.D- Profluaefl (✓)� produced Identification h take an oath. or t �} DID NOT take an oat � } DID py. 062392 c*� w w co 0 O '--%Z"LFT :NFORMATION ARO T:TLC CAOCCTIVRS AAL r a 9VULC e - /� �/ ` �G, "A" \ A. / . / • :gWYE0.'t TIT1.(c la Satl RA NGG Ce0.Pew.4T1o.V-S TITLE C-/\i� 1cJ \C J.NSURAIVQG Po6tc�( MUM®ER g5-a1-4G074G 4N0 / �bri-rLE (NSUA4AICE Per-aC �( AIu MDe-R 55 -6 1 -4 CO 7G7 �l ��DA-Teo 7-15-44 AA� 5.94rRESPGcTrVf3 L_Y• - -� \ Q ` _42 :ANOS 9ROHN REREON _.E WITHIN ?'_000 ZONE >H. "LSE\ hb (j 0.=:EVATION :: :P THE FEDERAL EMERGENCY YANACEMENT AGENCY •0 O NATIONAL FLOOD INSURANCE P•.-,RAM3 FLOOD 7vSURANCE RATE MAPS. 4Y C 'ej AP MUMMER :::2250 :05 ni :eeE^+Iye :ATE aGUST !3 :?2. %yPIGQL !e l.�//DE ` 4T :ESCRIPT"1 !^N 'CNTAINED :-PEDDLE A. :F -PE ABOVE -`I•TTED E4SEMEN J QrC TL'C E MNITMENT INT CLUDES :RAINAGE EASEMENTS AHICN WERE NTT /�� y BADE A ?ART THIS SURVEY. �Cev �•� c7T ARE :EP!7TE^ 'N '+E-^v __HPAXY!NC O•X B. S9S % i. 9S C/0C a�C Yr =':RVEY - "LED PAPXIC :EP!^T!:N EASEMENt9 :X 'PACTS ll r Q :. .4 5 _`_. SECTION ::-Ad-al. ;?ET^_X .ALSO :EPICTS OQV�O ADOITIONRL DRAINAGE EASEMENTS. �c As Dou BK23238PGO732 ADESCRIPTIONS PARCEL 1 A PORTION OF TRACT 14. OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION II. TOWNSHIP 49 SOUTH. RANGE 41 EAST. AS RECORDED IN PLAT BOOK 4. PAGE 31. OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSs ry COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION its THENCE SOUTH 89'02'05' EAST. ALONG THE SOUTH LINE OF E SAID SECTION 11. A DISTANCE OF 1731.70 FEET# THENCE NORTH 00*06102' WEST. A DISTANCE OF 60.01 FEET# THENCE CONTINUING NORTH 00'06'02' WEST. A DISTANCE OF 395.07 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION# THENCE NORTH 89.02'05' WEST. A DISTANCE OF 410.00 FEET► THENCE NORTH 00.06'02' WEST. ALONG THE WEST LINE OF SAID TRACT 14. A DISTANCE OF 632.00 FEET# THENCE SOUTH 89*02105' EAST. A DISTANCE OF 574.93 FEETs THENCE NORTH 00.06'02' WEST, A DISTANCE OF 35.00 FEET# THENCE SOUTH 89'02'05' EAST. A DISTANCE OF 350.00 FEET# THENCE SOUTH 00'06'02' EAST. A DISTANCE OF 667.00 FEET# THENCE NORTH 89.02'05' WEST. A DISTANCE OF 514-9 * FEET TO THE POINT OF BEGINNING- SAID LANDS SITUATE LYING AND BEING IN BROWARD COUNTY. FLORIDA- 514.91' PER DE,SCRI PTION PWVI01LD� 514.95 CALcuLATL•D OrvTA/�t///VG ,i 9l0 , : �9 IJ �j UA CE FE� - j, 6 9� 4aeAr .t./o,Q,�. OrP CEJ' . a DESCRIPTIONS PARCEL 2 �REFEuEEO To q5 ",'4.eCEc/"eN 4-gWVE,e9 -4407-7) A PORTION OF TRACT 14. OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 11. TOWNSHIP 49 SOUTH, RANGE 41 EAST. AS RECORDED IN PLAT BOOK 4. PAGE 31. OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS& kA Jb COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 11S THENCE SOUTH 89'02'05' EAST. ALONG THE SOUTH LINE OF SAID SECTION 11. A DISTANCE OF 1321.70 FEET# THENCE NORTH 00.06102' WEST, A DISTANCE OF 60.01 FEET TO THE y POINT OF BEGINNING OF THIS DESCRIPTIONS THENCE CONTINUE NORTH 00.06002" WEST. A DISTANCE OF 395.07 FEET# THENCE SOUTH 89'02'03' EAST. A DISTANCE OF 410.00 FEET# THENCE SOUTH 00.06'02' EAST, A DISTANCE OF 395.07 FEET# THENCE NORTH 89.02'05' WEST. PARALLEL WITH AND 60.00 FEET NORTH OF. AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 11. A DISTANCE OF 410.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE. ro LYING AND BEING IN BROWARD COUNTY. FLORIDA. a /va" O,e CESS. DESCRIPTION& PARCEL 3 "'A PORTION OF TRACT 14. OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION II. TOWNSHIP 49 SOUTH. RANGE 41 9 e EAST. AS RECORDED IN PLAT BOOK 4. PACE 31. OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA. BEING MORE oy PARTICULARLY DESCRIBED AS FOLLOWSs ' N A N� o� �N COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 11# THENCE SOUTH 89'02'03' EAST, ALONG THE SOUTH LINE OF SAID SECTION II. A DISTANCE OF 1831.72 FEETS THENCE NORTH 00.06102' WEST. A DISTANCE OF 72.01 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTIONS THENCE CONTINUING NORTH 00.06*02" WEST. A DISTANCE OF 383.07 FEETs THENCE SOUTH 89.02'03' EAST. A DISTANCE OF 414.91 FEET& THENCE SOUTH 00.06'02' EAST. A DISTANCE OF 393.07 FEETs THENCE NORTH 89*02103" WEST. PARALLEL WITH AND 72.00 FEET NORTH OF. AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION II. A DISTANCE OF 414.91 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. SAID LANDS SITUATE. LYING AND BEING IN BROWARD COUNTY. FLORIDA. /SB/ �%/e ,jT47(/�EfEET ,?, a,ow AcP.ee'r �tf0,ee oe CELL DESCRIPTION, PARCEL 4 (-1eEF_-AA90 ?o /?S P9RCE4. Z"-,o/ L-AwYERS Pot/CY No. 9S-o1-41:0 747) A PORTION OF TRACT 14. OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 11, TOWNSHIP 49 SOUTH. RANGE 41 EAST. AS RECORDED IN PLAT BOOK 4. PAGE 31. OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS& �W �v COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION Ito THENCE SOUTH 89.02*05' EAST. ALONG THE SOUTH LINE OF ok SAID SECTION 11. A DISTANCE OF 1731.70 FEETo THENCE NORTH 00.06*020 WEST. A DISTANCE OF 60.01 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION# THENCE CONTINUING NORTH 00.06'02' WEST. A DISTANCE OF 393.07 FEET+ THENCE SOUTH 09.02*03' EAST. A DISTANCE OFNt00.08 FEET# THENCE SOUTH 00'06'02' EAST. A DISTANCE OF 383.07 ,y FEET, THENCE NORTH 89.02.03' WEST. PARALLEL WITH AND 72.00 FEET NORTH OF. AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION I1. A DISTANCE OF 50.01 FEET# THENCE SOUTH .0*06*02" EAST. A DISTANCE OF 12.00 FEET# THENCE NORTH 89*02103' WEST. PARALLEL WITH AND 60.00 FEET NORTH OF. AS MEASURED AT RIGHT ANGLES TO THE f SOUTH LINE OF SAID SECTION II. A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING- SAID LANDS SITUATE. LYING AND BEING IN BROWARD COUNTY. FLORIDA. �C" 3X, vrXIAI IV1OB J-4VAAF f.11 ae LE.f'J! 1/ �1 Ito �/ /L� _.MING : SETSACR RESTRICTIONS -- v /,w ew �� i��/O/iI "O�oweiol /W 4e 0AI 9,1° ?.rc.I _. R4 :oaxnq �ALCULAT�D.) C e�E G � U —°D to aE moo wv V WTWL ----V17, N;NNatI sE dale vaild -, it �lel lsl! Ia its1 1 I E E� litEi3^ is E FFrBr it let- I lit 1 i! S. ;riEi i' �! :��+ � IE Ie is .t� i. lit• E@�, !. .%EE (� t, , 4*10 s l fill at 1 la bill lit l EEE fill a w� Y • ;lt��..*: �ti.. .ss 2 Q } cc 0cl�cc ( p id I! a lit 1 I 4c . 39 J y ? q 7JJ .114 F ' _ R , � r •• \ ent o ' ` • Am —wow IIIj �,eun.gr'' j S ti if ita...rr co i I all��l y IL < rr MI M.�..n Vy (X/.IIa•/� � (M �N••J �•'• 41 '" .... ,,.�.: �.,. �I �,, q is e� ; .. � � • � AlJ1•.r/• • K Am ca..o..� �✓ Y m > , co .. 9. da • EXHIBIT D TAftARAC AR'(ER ANA JimWIM 1uEEYENT Woodland Meadows aavaLosxaNT s2zE or DIIILDING Y / OZ SMITB A MARC'S A OF !INTER$ XIT=$g A 24 16.8 4 1.5 B 24 16.8 3 1.5 C 20 14.0 3 1.5 D 28 19.6 4 1.5 B _.. 28 19.6 4 1.5 F 32 22.4 5___ G 20 14.0 3 1.5 H , 20 14.0 3 1.5 I 24 16.8 3 1.5 1 20 14.0 3 1.5 K 24 16.8 4 1.5 L 32 22.4 4 1.5 co n flo C.0 CA3 CO TOTAL H&TIR SCHEDULE POR NON-REBIDNNTIAL_ DOH am FRC'A SERVICE USE 5/8" 1 Maintenance Bldg. .� DUXPBTER CONNECTED TO BNiWBR TOTAL ERCJS 208.2 (water) 208.2 (sewer) THIS VX0jX0T RgQUSREB TUB FOLLOWING BISB AND NDKBBR OP F=RB LINBOt AT 4" DIAMETER ___1T i" DIAKZTSR AT &$I DIAKETNB AT - DIAMSTSR vAsTzwATER PUMP 8TAT2on NMher 8 - 208.2 SA.C�Q i 2 #R clTa ACRsc a •485 macro /BITS ACRE Page 1 of 2 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. cr r•.. A hU'iAR F. Ilk �I� Y. F:.I it:Lair'.T._^4.; i.._:! /!,; T(• 22 1Mi FQA u -* do _&�w W= �- `� � Page 2 of 2 P A- Temp. Reso. #6950 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95- oL A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A WATER AND SEWER DEVELOPER'S AGREEMENT FOR THE WOODLAND MEADOWS APARTMENTS, LOCATED NORTH OF COMMERCIAL BOULEVARD AT N.W. 59TH STREET, HAVING A MAILING ADDRESS OF 5903 N.W. 57TH COURT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to accept and execute a Water and Sewer Developer's Agreement for the Woodland Meadows Apartments at 5903 N.W. 57th Court, attached hereto as "Exhibit 1," to insure that water and sewer service will be available to the development and guarantee the City will be paid for these services at the prevailing rate. °° -v cn WHEREAS, it is the recommendation of the Public Works Director that a Water and o Sewer Developer's Agreement for the Woodland Meadows Apartments at 5903 N.W. 57th w Court be approved and executed. cm NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. -1- Temp. Reso. # 6950 SECTION 2: That the appropriate City Officials are hereby authorized to accept and execute a Water and Sewer Developer's Agreement for the Woodland Meadows Apartments at 5903 N.W. 57th Court, a copy of said agreement being attached hereto as "Exhibit 1." SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. v PO SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. G' co -a SECTION 5: If any clause, section, other part or application of this Resolution is G", held by any court of competent jurisdiction to be unconstitutional or invalid, in part or o application, it shall not affect the validity of the remaining portion or applications of this w Resolution. '" J SECTION 5: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this ! sday of 1995. 'RECORDED IN THE OFFICIAL RECORDS BOOK OF BROWARD COUNTY, FLORIDA COUNTY ADMINISTRATOR ATTEST: _�� CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. MITCHELL S. KRAFT, CITY ATTORNEY GES:mt A01*Lft � ORMAN ABRAMOWITZ MAYOR RECORD OF i MAYOR ABRAMOWITZ DIST. 1: V / M KATZ DIST. 2: COMM. MISHK OW. 3: COMM. SCHRE DIST. * COMM. IVIACHI -2- VOTE TO: THRU: FROM: CITY OF TAMARAC INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT City Manager Public Works Director City Engineer RECOMMENDATION: DATE: 7 ., RE: January 5, 1995 Woodland Meadows Apartments Water & Sewer Developers Agreement - 5903 N.W. 57th Court The City Engineer recommends that the City Commission approve a resolution to authorize the appropriate City Officials to execute a Water and Sewer Developer's Agreement for the Woodland Meadows Apartments located at Commercial Blvd. and N.W. 59th Avenue. ISSUE: A new Water and Sewer Developer's Agreement. BACKGROUND: The Woodland Meadows Apartments are located north of Commercial Blvd. at N.W. 59th Street, having a mailing address of 5903 N.W. 57th Court. This development was constructed prior to the requirement for a Water and Sewer Developer's Agreement. The apartment owners recently applied to the City Plan Adjustment Committee for review of a new Maintenance Building with Water and Sewer connections. When a development requests approval of the Plan Adjustment Committee, the Public Works/Engineering Department checks with Customer Service to verify the existence of an agreement on file. If one does not exist, it is made a requirement of approval of the developers request. This Water and Sewer Developer's Agreement guarantees that Water and Sewer Service will be made available by the City to serve the development. It also guarantees that the development will pay the prevailing fees to the City for this service. GES:mf Attachments File: PW125GES.WPD CITY OF TAMARAC J CITY HALL � * PAYMENT i00ULND MEADOWS/CIAO/HATE: 1,20`.00 OODLND MEADOWS/CIAC/SEW.R -3 7— _-_-1,550-00 J AMOUNT tJ PAID = 2,755.00 AMOUNT TENDERED = 2,755.00 CHECK # = 2016 1J , CHANGE = 0.00 / ^` 1:11 01-06-95 9*1*9868*0*34 I / '5604 OiO6Ri*96126 1PERATOR : TAH * * THANK YOU 2016 COMAN COMACMG (30unq CORP. 0PERAT7N0 ACCOUNT aaeen� 107M If. MMAU DR.. 81E 205 Jan. 5 19y wAmx n 891MI403 PArro I $ 2755.00 ORDpOF City of Tamarac Two thousand seven hundred fifty five and no 100---------- --- DOLLARS wlwi.�.wlMw.r ram{ 11w1r O1M FOR 9409 70080 00020Wr 1:0670039851: i5 223138M O 'V 1- .� to ILl O• 44 .. - 4 O O .V O 1- fry O O ar -ai +� .� s m a s X. r 7 rl * ;0? m 2• m o . 0 H rZ 1i Exhibit 2 TR#12589 FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: WOODLAND MEADOWS (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 Alliance PJWE LTD Partnership having an address at 433 E. Las Colinas Blvd. #300, Irving, TX 75039, 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 January 25, 1995 said agreement recorded on O.R. Book 43424 Page 1372 of the Public Records of Broward County, and; WHEREAS, the parties desire to modify certain terms contained in that Agreement.and; WHEREAS, this First Amendment to the Water and Sewer Developer's Agreement shall also serve as the Assignment of the Water and Sewer Developer's Agreement from Bershire Property Management to Alliance PJWE Limited Partnership for the Woodland Meadows Property. 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: 1. Part I of the Developer's Agreement is amended to read as follows: Part I. DEFINITIONS E. The term HOT WATER REMETERING refers to the methodology of suing a sub - meter to capture the actual amount of hot water a tenant uses and then converts that amount into a ration which covers a portion of the total amount of water that is used at 980605 1 Amendment to Water and Sewer Developer's Agreement -Phase the property, minus common areas which is then billed to the tenant through a third party billing agency. 2. Part II (H) of the Developer's Agreement is amended to read as follows: CONTRIBUTION (WATER) ORIGINAL CONTRIBUTION: 208.2 Residential ERC's @ $0.70 per ERC = $ 1,205.00 FIRST AMENDMENT CONTRIBUTION: 94 Residential ERC's @ $1,700.00 per ERC = $ N/A SUBTOTALS: ERC'S = 94 WATER CIAC FEE _ $ N/A CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: 208.2 Residential ERC's @ $0.70per ERC = $1,550.00 FIRST AMENDMENT CONTRIBUTION: 94 Residential ERC's@ $2,200.00 per ERC = $ N/A SUBTOTALS: ERC'S = 94 SEWER CIAC FEE _ $ N/A TOTAL CIAC FEE _ $ N/A 3. 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, 980605 2 Amendment to Water and Sewer Developer's Agreement -Phase or his authorized representative; and (2) when DEVELOPER has satisfied the conditions of this AGREEMENT, then CITY shall thereafter maintain the water distribution system and sewage collection system up to and within granted easements upon DEVELOPER's PROPERTY. However, the CITY will only be responsible for the maintenance of the sewer collection system from manhole to manhole and up to the first cleanout of the service lateral within the granted easements and the CITY will only be responsible for the maintenance of the water distribution up to the meter, fire hydrant, or fireline service within the granted easements. The obligation of the CITY to furnish water and/or sewer service other than construction water shall not arise until DEVELOPER has completed the conditions contained in this paragraph. The CITY shall reserve 94 ERC's of water service and 94 ERC's of sewage treatment plant capacity for DEVELOPER. 4. Part V of the Developer's Agreement is amended to read as follows: Part V. MUTUAL ADDITIONAL COVENANTS P. REMETERING OF WATER SERVICE The City of Tamarac authorizes re -metering, through the use of Hot Water Re - metering of water service provided by the City for the sole purpose of determining the use thereof among the consumer's lessees, tenants and others who shall be lawfully entitled to receive same pursuant to Section 22-30 (a) of the City Code of Ordinances. In no case or under any circumstances shall the developer charge more for water or sewer service that the rates charged by the City of Tamarac then in effect at the time of each billing. The developer may charge a reasonable administrative fee for the costs of administering the re -metering program. The developer agrees to provide the City with documentation, which may be requested from time to time to verify that the re -metering billings are in compliance with the City's published rates. 5. All other provisions of the Developer's Agreement are hereby ratified. 6. This amendment shall become effective on the latest date of execution by a party hereto. 980605 3 Amendment to Water and Sewer Developer's Agreement -Phase IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: 6:_ � • S'C PB�� g :0 ATTES�4�...\�e: By: Patricia Teufel, CM City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: Harry ressl r Mayor Date: 7-40 B� ael C. Cern City Manager Date: >-6 % i�_ Approved as to form: By: STATE OF FLORIDA Y,51a muel S. Goren, COUNTY OF ;3tl4 �lUZ) SS City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and Jne County aoresaid to take acknowledgments, personally appeared l ,-J6 t 1 ,`e,rAl e (i� to me known to be the person(s) described in and who executed the foregoing instrument and A a acknowledged before me and under oath that executed the same. v WITNESS my hand and official seal this � day of , 2015. �; � ;!•B L'� • _ TINA M. MIMEATLE11 Hoary Public State of fbrida My Comm. Expires Avg 6.2018 �;,' commission N FF 135878 Bonded lWough National Notary Assn. Personally known to me, or ( ) Produced identification 980605 NOTARY PUBLIC, State of Florid' at Large (Name of Notary Public: Print tamp, or Type as Commissioned) Type of I.D. Produced 4 Amendment to Water and Sewer Developer's Agreement -Phase (VDID take and oath, or( ) DID NOT take and oath IN WITNESS WHEREOF, wner has hereunto set his hand and seal on the day and year first abovA written. 0 Type Name V4155�a�,^ (Corporate Seal) STATE OFF A nog : SS COUNTY OF , 5 OWNER Alliance PJWE Limited Pa]ttnership By: Type Name Y C-o,r� � ({- 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 At, acknowledged before me and under oath that A ,- executed the same. WITNESS my hand and official seal this day of /Quy 20M�— VIOIETA OAACIAS My Commis lion Expfts Juno 24, 2011 9 ��R or,Ey► (personally known to me, or ( ) Produced Identification ( /j'DID take and oath, or ( L,—�L� T `4 LA, ck-o NOTARY PUBLIC, State of-F�er-ida 7-dy 00 atlafge (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 980605 5 Amendment to Water and Sewer Developer's Agreement -Phase U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor in interest to Wells Fargo Bank, N.A., as Trustee for the registered holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass -Through Certificates, Series 2007-C2 By: Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A., as Master Servicer under that certain Pooling and Servicing Agreement dated as of May 1, 2005 By: Greg Blake Vice President STATE OF NORTH CAROLINA ) COUNTY OF MECKLENBURG ) On this day of May, 2015, personally appeared before me Greg Blake, as Vice President of WELLS FARGO BANK, NATIONAL ASSOCIATION, acting in its authorized capacity as Master Servicer for and on behalf of U.S. BANK, NATIONAL ASSOCIATION, as Successor Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass -Through Certificates, Series 2007-C2, signer and sealer of the foregoing instrument and acknowledged the same to be his/her free act and deed and the free act and deed of said entities, before me. He/she is personally known to me or has produced a driver's license as identification. Janet Garner NOTARY PUBLIC Gaston County, N y ublic My c mmission expires: 980605 6 Amendment to Water and Sewer Developer's Agreement -Phase EXHIBIT D FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT DEVELOPMENT: WOODLAND MEADOWS ORIGINAL METER SCHEDULE ORIGINAL AGREEMENT CONNECTION Meter ERC's CIAC Fees Residential Size Units Water Sewer Water Sewer # of Meters Bldg. A 1.5 24 16.8 16.8 0.70 0.70 4 Bldg. B 1.5 24 16.8 16.8 0.70 0.70 3 Bldg. C 1.5 20 14.0 14.0 0.70 0.70 3 Bldg. D 1.5 28 19.6 19.6 0.70 0.70 4 Bldg. E 1.5" 28 19.6 19.6 0.70 0.70 4 Bldg. F 1.5" 32 22.4 22.4 0.70 0.70 5 Bldg. G 1.5" 20 14.0 14.0 0.70 0.70 3 Bldg. H 1.5" 20 14.0 14.0 0.70 0.70 3 Bldg.l 1.5" 24 16.8 16.8 0.70 0.70 3 Bldg. J 1.5" 20 14.0 14.0 0.70 0.70 3 Bldg. K 1.5" 24 16.8 16.8 0.70 0.70 4 Bldg. L. 1.5" 32 22.4 22.4 0.70 0.70 4 Total: 1.5" 296 208.2 208.2 0.70 0.70 43 CONNECTION Meter ERC's CIAC Fees Non- Residential Size Units Water Sewer Water Sewer Total Maint. Bid 5/8 1 1 1 1,205.00 1,550.00 2,755.00 980605 / Amendment to Water and Sewer Developer's Agreement -Phase FIRST AMENDMENT METER SCHEDULE DEVELOPMENT: WOODLAND MEADOWS CONNECTION Meter ERC's CIAC Fees Residential Size # of Meters Water Sewer Water Sewer Total Domestic 1.5" 11 55 55 1,700.00 2,200.00 N/A Domestic 1" 4 10 10 1,700.00 2,200.00 N/A Domestic 5/8" 29 29 29 1,700.00 2,200.00 N/A Total: ----- 45 94 94 N/A N/A N/A TOTAL ERC'S OF AMENDMENT (WATERLP�4 (SEWER) 94 TOTAL AMOUNT DUE: $0.00 980605 rS Amendment to Water and Sewer Developer's Agreement -Phase DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH= 0 ERC'S (SEWER) TOTAL ERC'S 94 (WATER) 94 (SEWER) THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 6" DIAMETER AT 8" DIAMETER AT _ DIAMETER SERVED BY WASTERWATER PUMP STATION NO. 8 94 ERC'S _ 21.95 SITE ACRES= 4.282 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. M SEAL TYPE NAME P.E.# 980605 9 Amendment to Water and Sewer Developer's Agreement -Phase Exhibit 4 TR#12589 TAMARAC UTILITIES ACCEPTANCE TO ASSIGNMENT FOR: Woodland Meadows Name of Development Alliance PJWE LTD Partership , having an address of Witness Type Name STATE OF ZL��-� Ffi• 13a,,bf SS COUNTY OF 1 pt assignment of Utility Connections. Type RAme/Titl 'g Yro Type Name/Title I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid in the County aforesaid to take acknowledgments, personally appeared 12 Zrvi 7)4 ^-/ to me known to be the person(s) described in a d who executed the foregoing instrument and ham- acknowledged before me and under oath that A,-- executed the same. _-WITNESS my hand and official seal this Z 9 day of IY6 y , 20(,5 tom, MYflu" 4 VIOIETA MACIAS My Commission Expires June 28. 2017 S'� P ( personally known to me, or ( ) Produced Identification (,,)-IJ-ID take an oath, or ( �N�OOT�ARRp�YPUBLIC, State of F194da__ Gil LGl ge \1 "j i" (q4U C�-f (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 011405 1 Acceptance and Acknowledgment of Agreement and Consent to Assignment ' Exhibit 5 TR#12589 TAMARAC PUBLIC SERVICES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: Woodland Meadows Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of 1/25/1995, it entered into a Water and Sewer Developer's Agreement concerning Woodland Meadows, "Developer's Agreement", with Bershire Property Manangement as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by Bershire Property Management to Alliance PJWE L.T.D. Partnership by Assignment dated 6/24/2015. The City hereby consents to and approves the Assignment of the Developer's Agreement from Bershire Property Management to Alliance PJWE L.T.D. Partnership. 980605 1 Acknowledgement of Agreement And Consent to Assignment ATT Patricia Ti City Clerk STATE OF FLORIDA ACCEPTE CITY OF TAMARAC By: Harry Dressler Mayor t Date: ichael C. Cernech City Manager Date: !F— 4 Approved as to form: B n } Samuel t. Goren, : SS �� City Attorney COUNTY OF /390 -P I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afores d a d in he Coun y aforesaid to take acknowledgments, personally appeared /ail d e7 U9r.NPC to me know to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that 4 -e- executed the same. WITNESS my hand and official seal this Pa day of 20/-5-. LV ( >� Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Flori 78 at Large (Name of Notary Public: Print, Stamp, or Type s Commissioned) N/9 Type of I.D. Produced ( ) DID take an oath, or (/) DID NOT take an oath 980605 2 Acknowledgement of Agreement And Consent to Assignment