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City of Tamarac Resolution R-2015-097
TR#12679 October 14, 2015 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A RE -METERING AGREEMENT AND FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH BH IGF HIDDEN HARBOUR APT. LLC % MARVIN F. POER & CO., FOR THE HIDDEN HARBOUR APARTMENTS LOCATED AT 8800 NW 78TH COURT & 8900 NW 77T" COURT, TO ALLOW RE - METERING OF THE WATER SERVICE FOR THE PURPOSE OF ALLOCATION OF THE DIRECT COST OF WATER AND SEWER SERVICE AMONG MULTIPLE USERS AND ESTABLISHING 143 ERC'S FOR WATER AND 143 ERC'S FOR SEWER; AUTHORIZING EXECUTION OF THE ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT OF THE WATER AND SEWER DEVELOPER'S AGREEMENT; 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, BH IGF Hidden Harbour Apt. LLC % Marvin F. Poer & Co.("OWNER"), is the current owner of the Hidden Harbour Apartments ("PROPERTY"), located at 8800 NW 78th Court & 8900 NW 77th Court, (attached hereto in map form as "Exhibit 1"); and WHEREAS, on November 27, 1985 the City of Tamarac entered into a Water and Sewer Developer's Agreement with the previous owner, Pine Island -Oxford Limited Partnership, reserving 242.5 ERC's for water and 242.5 ERC's for sewer to accommodate the PROPERTY, (attached hereto as Exhibit 3); and WHEREAS, on October 14, 2015 the aforementioned Water and Sewer Developer's Agreement was subsequently assigned by Pine Island -Oxford Limited Partnership to the TR#12679 October 14, 2015 Page 2 of 5 current OWNER, said assignment (attached hereto as Exhibit 4); and WHEREAS, the OWNER, is requesting permission for the use of re -metering at the PROPERTY; and WHEREAS, OWNER has offered a Re -metering Agreement and First Amendment to the City of Tamarac for the PROPERTY Water and Sewer Developer's Agreement, as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); (attached hereto as "Exhibit 2"); and WHEREAS, this Re -metering Agreement and First Amendment to the Water and Sewer Developer's Agreement with the OWNER, shall serve as the Assignment of the Water and Sewer Developer's Agreement from Pine Island -Oxford Limited Partnership, to establish re -metering of the existing meters and provide for a new water meter schedule to accommodate water and sewer services for the PROPERTY; and WHEREAS, the Re -metering Agreement and First Amendment to the Water and Sewer Developer's Agreement requires 143 ERC's for water and 143 ERC's for sewer re- establishing a new meter set; and WHEREAS, the City consents to the use of re -metering on the subject PROPERTY, subject to the limitations set forth in Section 22-30 of the City Code and the Water and Sewer Developer's Agreement for the PROPERTY; and WHEREAS, the OWNER is responsible for the cost of the installation of all water sub -meters and associated plumbing; and WHEREAS, the use of sub -meters shall be limited to the purpose of allocating the direct cost of water and sewer service among multiple users; and WHEREAS, the OWNER will read the meters on a periodic schedule and use the TR#12679 October 14, 2015 Page 3 of 5 readings to determine the water use among the owner's lessees, tenants and others who shall lawfully be entitled to receive the same; and WHEREAS, the OWNER is strictly prohibited from adding additional fees or surcharges to the direct costs of the water and sewer services to the PROPERTY; and WHEREAS, it is the recommendation of the Director of Public Services and the Director of Financial Services that the Re -metering Agreement and First Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and BH IGF Hidden Harbour Apt. LLC % Marvin F. Poer & Co., 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 Re -metering Agreement and First Amendment to the Water and Sewer Developer's Agreement with BH IGF Hidden Harbour Apt. LLC % Marvin F. Poer & Co., to provide for re -metering of the Hidden Harbour Apartments for the allocation of the direct cost of water and sewer services among multiple users and authorize the execution of the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement. 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. TR#12679 October 14, 2015 Page 4 of 5 SECTION 2: The appropriate City Officials are hereby authorized to accept and execute a Re -metering Agreement and First Amendment to the Water and Sewer Developer's Agreement with BH IGF Hidden Harbour Apt. LLC % Marvin F. Poer & Co. providing for re -metering of the water service for the purpose of allocation of the direct cost of water and sewer service among multiple users and establishing for 143 ERC's for water and 143 ERC's for sewer (attached hereto as "Exhibit 2"). SECTION 3: Appropriate City Officials are hereby authorized to execute the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement for the Hidden Harbour Apartments (attached hereto as "Exhibit 5" SECTION 4: The City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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. 1 r� TR#12679 1 1 C SFCTION 7 passage and adoption. October 14, 2015 Page 5 of 5 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this la —L_ day of �' , 2015. ATTEST: '15ATRICIA TEUF , CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. orr,L - )e,1 z fxr_ AMUEL S. GOREN CITY ATTORNEY ARR DRESSLER MAYOR RECORD OF COMMISSION VOTE. - MAYOR HARRY DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ —`.-r DIST 3: COMM GLASSER �i--- DIST 4: COMM PLACKO CITY OF TAMARAC TR No.12679 N scaLe: N.T.S "'� PUBLIC WORKS DEPARTMENT SHEET 1 0 F 1 W." E ENGDnnmWG DIYIBiox 86 s RE -METERING AGREEMENT AND FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT TR#12679 SITE LOCATION Ab �� , O1hd g1 1. j/. NATIONS BANK T ab SECTION 23 0 WESTW❑❑D 5 81 ST w 81 ST_ w E 8r ST 82 CT �, /j/80 DR 76 /j// Q ^ LES 80 PL SECTION 23 d, c"� %/%/ OD PJ TR57 to �qR�t gA WESTW❑❑D 5A Q 80 C-T Ab A ��% k A, /PL 80 th f/ . • // /// 45, Z w y r © 77 V TR58 � w 6 CTJ30 ¢ ff P�' /i%..� •:i w // BANYAN H WE / Cj AT W❑❑ / l N f ( //j% LANE 5 r� h TR63 i//i • ,,� �� r / /j/ N TR �w i 6�S w BILE ('� VILLAS W ❑DVIE 4 R38 v w w w 1 TR67A`Rl qso WESTW❑❑D ¢ 3 w P w 6 q PINES NqR ij/.ti 00 E rj 3Q0 �� TR37 VQ. %/j/ �co QGPI co w fp� DR t~ii E TR67 w w� 74 CT Sq !%% a W❑❑DM❑NT , w hG �� GREE S A y > WESTW❑❑ 3 6, ° y/j J� 75 C 410 w —o ¢ 1 %/%jv1 �� TAMARAC AWL NOI ". F1 FL NM 5W HIDDEN HARBOUR APARTMENTS EXHIBIT 1 CITY OF TAMARAC, BROWARD COUNTY, FLORIDA SEC. S, TWP. 49, RGE. 41 Nw OMB Na4 s� Dam saw Exhibit 2 TR#12679 RE -METERING AND FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT FOR: HIDDEN HARBOUR (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 BH IGF Hidden Harbour Apt LLC % Marvin F Poer & CO having an address at 8800 NW 78W Court & 8900 NW 77 Court, 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 November 27 1985 said agreement recorded on O.R. Book 15509 Page 843 of the Public Records of Broward County, and; WHEREAS, the parties desire to modify certain terms contained in that Agreement.and; WHEREAS, this Re -metering Agreement and 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 Pine Island -Oxford Limited Partnership to BH IGF Hidden Harbour Apt. LLC % Marvin F Poer & CO. WHEREAS, the City Commission of the City of Tamarac passed Ordinance 0-97-7 which allows a property owner, upon the City's express approval, to install individual water meters for multiple users, referred to as re -metering, to separately bill each water customer based on his/her actual consumption; and WHEREAS, OWNER is the owner of PROPERTY described as (Hidden Harbour Apartments); and WHEREAS, OWNER desires to install individual water meters for each user (hereinafter "sub -meters") on the PROPERTY; NOW, THEREFORE, in consideration of the terms and conditions, provisions, covenants and promises hereinafter set forth, the Parties agree that: 980605 1 Amendment to Water and Sewer Developers Agreement -Phase 1. The foregoing Whereas clauses are true and correct and incorporated herein by reference. 2. The City consents to the use of re -metering on subject PROPERTY, subject to the limitations set forth in Chapter 22 of the Tamarac Code, as amended, any limitations set forth in the Water and Sewer Developer's Agreement for the PROPERTY, and any limitations set forth in any Federal, State and/or local law or Administrative Rule. 3. OWNER is responsible for the cost of the installation of all water sub -meters and associated plumbing. 4. The use of sub -meters shall be limited to the purpose of allocating the direct cost of water and sewer service among multiple users, as provided in Tamarac Code section 22-30, as amended. 5. OWNER will read the sub -meters on a periodic schedule and use the readings to determine the water use among the owners' lessees, tenants, and others who shall be lawfully entitled to receive same. 6. OWNER is strictly prohibited from adding additional fees or surcharges to the direct costs of the water and sewer services to the PROPERTY. The CITY reserves the right to audit the prorated bills distributed to the tenants to verify that the aggregate amount charged to the tenants is not greater than the direct amount charged to the OWNER by the CITY. OWNER agrees to supply billing information to the CITY as requested. 7. OWNER shall distribute information regarding the re -metering to all tenants who receive distributed utility bills, included in that information will be the name and phone number of the appropriate OWNER's representative to whom where billing inquiries can be directed. 8. OWNER shall abide by the provisions set forth in Chapter 22 of the Tamarac Code, as amended, the Water and Sewer Developer's Agreement for the PROPERTY, and any Federal, State of Florida and/or local law or Administrative Rule. 9. This AGREEMENT can be revoked at any time by CITY for failure to comply with any provision of this AGREEMENT. 10. This agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. 11. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: 980605 2 Amendment to Water and Sewer Developer's Agreement -Phase Organization: City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 Attention: City Manager With Copy to: City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 Attention: City Attorney With Copy to: City of Tamarac 10101 State Street Tamarac, Florida 33321-2401 Attention: Public Services Director With Copy to: Name of Owner/Corp. Address City, State, Zip Code Attention: (Owner/President, if Corp.) 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 RE -METERING refers to the usage of sub -meters to capture the direct cost of water and sewer services among multiple users. 2. Part II (H) of the Developer's Agreement is amended to read as follows: CONTRIBUTION (WATER) ORIGINAL CONTRIBUTION: 242.5 Residential ERC's FIRST AMENDMENT CONTRIBUTION: 980605 3 Amendment to Water and Sewer Developer's Agreement -Phase yovova 14 Amendment to Water and Sewer Developer's Agreement -Phase 143 Residential ERC's SUBTOTALS: ERC'S = 143 WATER CIAC FEE _ $ N/A CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: 242.5 Residential ERC's FIRST AMENDMENT CONTRIBUTION: 143 Residential ERC's SUBTOTALS: ERC'S = 143 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, 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 143 ERC's of water service and 143 ERC's of sewage treatment plant capacity for DEVELOPER. 980605 4 Amendment to Water and Sewer Developer's Agreement -Phase 4. Part V of the Developer's Agreement is amended to read as follows: Part V. MUTUAL ADDITIONAL COVENANTS P. RE -METERING OF WATER SERVICE The City of Tamarac authorizes re -metering, through the use of 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 5 Amendment to Water and Sewer Developer's Agreement -Phase IN WITNESS WHEREOF, the parties have made and executed this Re -metering Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager, duly authorized to execute the same. \���IIIIIrriii tNRAC gyp' • , O`c� Q. , :` '� : �CD O _ LL ATT Cyy��.: By Patricia Teufei, MC City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE &4V By: — .-...__� Harry Dr sslei Mayor qMiDate: chae C. Cernech City Manager Date: ! o - <5 Approv d to form: By: 44 STATE OF FLORIDA Samu S. Gor , .SS City Attorney COUNTY OF,�"%+�: I HEREBY C RTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in County/jaforesaid to take acknowledgments, personally appeared 'h1 r:Aae Z L -w�- 2 to me know to be the person(s) described in and who executed the f regoing instrument and P7 acknowledged before me and under oath that executed the same. 2015. �j WITNESS my hand and official seal this day of TINA M. WHEATLEY Notary Public • State of Florida My Comm. Expires Aug 6.2018 Commission N FF 135878 &w&.d Through National Notary Assn. (f Personally known to me, or ( ) Produced identification A klltlz� - ZII/-/ 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 (A DID NOT take and oath 980605 6 Amendment to Water and Sewer Developer's Agreement -Phase IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and vear first above written. ATTEST: By: Type Name Nancy Saengkio Operations Analyst (Corporate Seal) IOWA STATE OF Ft6RID- : SS COUNTY OF POLK BH IGF Hidden Harbour APT. OWNER LC % Marvin F. Poer & CO. By: Type Name _ Pr esid>=nt— Debbie Sanford Director of Asset Management & Budgeting 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 Debbie Sanford to me known to be the person(s) described in and who executed the foregoing instrument and S\'\ . acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this �!``` day of Q, 2015 NANCY SAENGKl0 umber 790984 n Expkw 8 ( x) Personally known to me, or ( ) Produced Identification DID take and oath, or ( IW�t- �.1. _ .. L4 S•�•. Largeat N�U��\iC S MI-rwkk<Uo (Name of Notary Public: Print, tamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 980605 7 Amendment to Water and Sewer Developer's Agreement -Phase IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: 0 Type Name C (Corporate Seal) STATE OF FLORIDA SS COUNTY OF MORTGAGEE (If Applicable) By: Type Name erg 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 , 2014. ( ) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Rol ids - 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 8 Amendment to Water and Sewer Developers Agreement -Phase AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Debbie Sanford do hereby affirm that I am the authorized officer of BH IGF Hidden Harbour Apt, LLC and that I have executed a Water and Sewer DEVELOPER's Agreement with the City of Tamarac for BH IGF Hidden Harbour Apt, LLC 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 said DEVELOPER'S AGREEMENT. IOWA SS COUNTY OF POLK FURTHER AFFIANT SAYETH NOT. (Signature) This L\ day of aiwik,,L, 2015 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 Debbie Sanford to me known to be the person(s) described in and who executed the foregoing instrument and she- acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 0 Jj'-- day of , 2015 jtL%MMAKH KMCY SAEMO > Commission Number 790984 My Cmy 0 omission 2018 Expires (x ) Personally known to me, or LA NOTARY PUBLIC, State of at Large Iowa \�a�n��ifihh ORA CAI SQe AA V-\D (Name of Notary Publit: Print, St*mp, or type as Commissioned) ( ) Produced Identification �/ Type of I.D. Produced ' DID take and oath, or( ) DID NOT take an oath. 980605 Amendment to Water and Sewer Developer's Agreement -Phase EXHIBIT D FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT DEVELOPMENT: HIDDEN HARBOUR APARTMENTS ORIGINAL METER SCHEDULE ORIGINAL AGREEMENT CONNECTION Meter ERC's Total Residential Size Units Water Sewer Water Sewer # of Meters Bldg.1 1-1/2" 16 10.67 10.67 $595.00 $1045.00 1 BIdg.2 2 " 16 10.67 10.67 $595.00 $1045.00 1 BIdg.3 2 20 13.33 13.33 $595.00 $1045.00 1 BIdg.4 1-1/2 16 10.67 10.67 $595.00 $1045.00 1 BIdg.S 1-1/2 �� 16 10.67 10.67 $595.00 $1045.00 1 BIdg.6 1-1/2 �� 16 10.67 10.67 $595.00 $1045.00 1 Bldg. 7 2" 16 10.67 10.67 $595.00 $1045.00 1 BIdg.8 1-1/2 �� 16 10.67 10.67 $595.00 $1045.00 1 Bldg.9 2 �� 16 10.67 10.67 $595.00 $1045.00 1 BIdg.10 1-1/2" 16 10.67 10.67 $595.00 $1045.00 1 BIdg.11 2 �� 20 13.33 13.33 $595.00 $1045.00 1 BIdg.12 1-1/2" 16 10.67 10.67 $595.00 $1045.00 1 Bldg.13 2" 20 10.67 10.67 $595.00 $1045.00 1 Bldg.14 1-1/2" 16 10.67 10.67 $595.00 $1045.00 1 BIdg.15 1-1/2 �� 16 10.67 10.67 $595.00 $1045.00 1 Bldg.16 2" 20 10.67 10.67 $595.00 $1045.00 1 Bldg.17 1-1/2" 16 10.67 10.67 $595.00 $1045.00 1 BIdg.18 2 �� 20 13.33 13.33 $595.00 $1045.00 1 BIdg.19 1-1/2 �� 16 10.67 10.67 $595.00 $1045.00 1 Bldg. 20 1-1/2" 12 8.00 8.00 $595.00 $1045.00 1 Bldg.21 2" 16 13.33 13.33 $595.00 $1045.00 1 Bldg. 22 1-1/2" 16 13.33 13.33 $595.00 $1045.00 1 Total:L1___1368 239.2 239.2 $595.00 $1045.00 22 980605 10 Amendment to Water and Sewer Developer's Agreement -Phase ORIGINAL METER SCHEDULE FOR NON-RESIDENTIAL USE CONNECTION Meter ERC's Total Non- Size Units Water Sewer # of Meters Residential Maintenance 3/4" 1 1 1 1 Building Pool/Recreati 1" 1 1.85 1.85 1 on Building FIRST AMENDMENT METER SCHEDULE DEVELOPMENT: HIDDEN HARBOUR APARTMENTS CONNECTION Meter ERC's CIAC Fees Residential Size # of Meters Water Sewer Water Sewer Total Domestic 1-1/2" 13 65 65 1,700.00 2,200.00 N/A Domestic 2" 9 72 72 1,700.00 2,200.00 N/A Total: 22 137 137 Residential Size Metes Water Sewer Water Sewer Maint. Bldg. 5/8" 1 1 1 1,700.00 2,200.00 N/A Rec./Pool 1" 1 5 5 1,700.00 2,200.00 N/A Grand Total: ----- 24 143 143 N/A N/A N/A TOTAL ERC'S OF AMENDMENT (WATER) 143 (SEWER) 143 TOTAL AMOUNT DUE: $0.00 980605 11 Amendment to Water and Sewer Developer's Agreement -Phase Exhibit 3 U'= AND SEWER 86369285 DEVELOPER e S AQREENSNT TR#12679 FOR$ HIDDEN HARBOUR (Name of Development) GENERAL L.00ATIONi Weill! side of.j'jnn inlnnd R.,.d South of N.W. 79th Street and North of N.W. 77th Street THIS AGREEMENT effective this A ' f�- day of FP 198 !C made and entered into by and betweenr The CITY OF TAMARAC, at 58ll Northwest 88th Avenue, Tamarac, Florida, a municipal corporation of the State of Florida, hereinafter called *CITY' and n o� P ISI.A t h nafter 11 EVELOP •. ,, an co�. G at , hereinafter called •OWNER•. W I T N E 8 8 E T 8 WHEREAS, CITY is the owner and operator of a water treatment and sewer treatment plant, together with water distribution and sewage collection facilities known as •TANAMC DTILITIES WEST WATER AND SEWER SYSTEM"; and WHEREAS, DEVELOPER owns or controls certain real property in Hro- ward County, Florida, as shown and described in Exhibit •A• attached hereto and made a part of hereof; and all references made in this Agreement to PROPERTY shall refer specifically to DEVELOPER'S PROPERTY described in Exhibit •A• attached; and WHEREAS, DEVELOPER "5XSWNER desires to procure water service or sewage disposal service or both from the CITY for the PROPERTY; and WREREAB, the patties desire to enter into an agreement setting forth the mutual understandings and undertakings regarding the fur- nishing of said water and sewer services for the PROPERTY; and WHEREAS, this Agreement and all stipulations and covenants made �o herein are acknowledged to be subject to the approval of every County. m n Regional, State and Federal regulatory agency having jurisdiction of the subject matter of this Agreemsnt. ca WHEREAS, CITY has received proof of payment by DEVELOPER of any `J Portion of contribution -in -aid -of -coast ruction charges owed to third y parties, and which is attached as Exhibit •B•/ C WHEREAS, the City Council has approved this Agreement and has authorized the proper city officials to execute this Agreement b mo- t!1 Lion passed at a regular City Council meeting on nleweM603?_ 11 , tft 198 W V_ CITY OF TAMARAC 5811 N. W. 88th AVENUE & fl C (� TAMARAC, FLORIDA 33P21 City Clerks Dept. E�- Ce.� NOW, THr'REFORE, in consideration of the mutual covenants and und- ertakings of CITY and DEVELOPER and other good and valuable consider- ations, these parties covenant and agree with each other an 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? _X_ YES or NO. If no, then the nature of the interest is best described as if. DEVELOPER is not the owner, than the owner joins in this Agreement and agrees to be jointly and severally liable for the responsibilities of the DEVELOPER enumerated in this Agreement. S. 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. e GUA E ENUE sr o EVE LOP t dfa ec'�tto Y intai in9 e v wt redsewers t T e EED R equal e p lice 1 o thly s r ce�a a l harg w e and e e r Ice. PART ELOPER Oe ATI - -- ?n' 1 EV,.h, a atatenot othet03sd s gn, cdi an sewage coller, th end t tie PROPERTY in accordance with plans, specifications and engineering data as submitted by a Florida registered engineer to be approved by the appropriate governmental regulatory agencies and by the City Engineer, or his authorized representatives and said water dietribW on and sew- age collection lines shall be installed and connected to CITY's exist- ing water distribution and sewage collection lines, all of which work shall be paid for by the DEVELOPER. 2. All installations shall be installed at DEVELOPER'S expense and shall include, without limitation, all gravity flow mains, force mains, pump stations and lift stations required for the furnish- ing of service to the PROPERTY. At the time of submission of the plans, specifications and engineering data by DEVELOPER to the City Engineer, IF THIS AGREEMENT IS FOR TEN (10) OR MORE ERC'S, DEVELOPER shall pay to CITY a Plan Review Fee of $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 consulting engineers. B. INEpBCTION AND SUPERVISION BY DEVELOPER'S ENGINEER DEVELOPER shall, at his expense, and at no expense to the CITY, retain the services of a registered professional engineer for the purposes of providing necessary inspection and supervision of the con- struction work to insure that construction is at all times in compli- ance with accepted sanitary engineering practices and in compliance with the approved plans and specifications. DEVELOPER shall notify City in writing of such appointment. A copy of each field report shall be submitted to the City Engineer. Should there be cause or reason for the DEVELOPER to engage the services of registered engineer (other than the design engineer) for inspections, then DEVELOPER shall notify the City within five (5) days of such engagement. C. PRECONSTRUCTION M AO n� w v v rn M M DEVELOPER and his Contractor shall arrange for and hold a to preconstruction meeting with the City Engineer or his authorized rep- .p% resentative. Notification of said meeting shall be made in writing and received by all parties seventy-two hours in advance of said meeting. ThU n.urtiny shall be held at least twenty-four (24) hours prior to start of each phase of 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 cover- ing the work to be performed are approved in writing by the City En- gineer or his authorized representative. E. ENGINE1,gS PRESENT AT TESTS During construction and at the time when periodic inspections are required, the City Engineer or his authorized representative may be present and DEVELOPER'S engineer shall be present to observe and wit- ness tests for determination of conformance to approved plans and specifications. F. AP,PLICABLE LAWS The work to be performed by DEVELOPER, pursuant to the provi- sions set forth herein, shall be in accordance with ail 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 e anror om on n an c i s sp DEVELOPER hall t his own expense and at no expense to the h t o n co p Le a t of cep o bl - 11 rF y Flo d r 9 er d engineer ho i ned e D (1we rn a ewer a ate r b ny other ngineedt DEVE a b 1 i s submitte o trant at a ed ty En s- ilt drawings shall be certified and sealed by the DEVELOPER'S engineer and shall show all pertinent information as to all mains, ■0rvices and appurtenances belonging to, and affecting the water distribution and sewage collection systems and service lines as constructed in the field. As -built drawings shall also be sealed by a Florida registered surveyor as to the actual location of all surface features of these systems and easements and rights -of -way which are part of or adjacent to the PROPERTY. Ln Ln Ln it. CONTRIBUTION PAYMENTS FROM DEVELOPER The contribution charges (both water and sewer) shall calculated according to rates set by Resolution of the City Council. IE . The contribution charges shall be computed based upon It DEVELOPER's representation on the approved final site plaer--for tht PROPERTY. A copy of said plan shall be reduced to 9-1/2e X 14• anc attached to this Agreement as Exhibit eCe. Exhibit 000 is attached tc 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 appli- cable for this Agreement are summarised as followss j'eNTASBLTION fW1TF71 Residential... #40nits X .65 ERC's Per Unit !i 59S Per ERC Nan-Residential..02 AERC'S ! $ 9'�S Per LAC Total ERC1s242JAjWATER) R tial... # its X 6 R ' ter 0 it ! 1045 C o alniiC a 4 .g '81) i r ERC7 T E RR psi o the CITY 1 0 a *wee Hundred \�J '396- 1 e t i uti rq APPRO I I�t�U IQDL. ARE DUE TE I E I THE IS prvow ver, t y gr 6 at h all not be disbursed to the City until the sublI Sys thisrAgseeuintbass opert 1. 1. DEVELOPER shall, pay to the City, GUARANTEED REVENUES when due, at the r■e.■ in offtwhen sue, as amended from time to time. GUARANTEED REVENUE is equal to the minimum service availability charge for water and sewer service. GUARANTEED REVENUES are due and payable monthly. 2. The payment of GUARANTEED REVENUES required by this Agreement shall Commence six (4) months after the effective date of this Agreement. Has a Plat for the property been recorded with Broward County DES 90. If•NO, then GUARANTEED REVENUES commence one (1) Safter the effective this nmt.UPXPEED RElsshallbedue for all UNITS/ERC'S assigned to the OERTYune otherwise specified by this Agreement. 3. GUARANTEED REVENUE, it initiated, shall no longer accrue fat a unit when metered water and Saw 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. MOD11►IfAT1e1t TO EMIR en►TeA ea at+ata PACTLIZ19A MAY aE MCBASM In addition to all other obligations of thin Agreement, DE- VELOPOR may be required by the CITY to make modifications to the CITY'S water and sewage systems because of the development's impact on the systems. The modM eationa are set forth in Exhibit 814 and they Shall be performed by DEVELOPER priot to the issuance of the first Certifi- cate of Occupancy, unless otherwise provided in this Agreement. REC 1 ',1776Po 556 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. 2. Other than required payment of GUARANTEED REVENUES, if any act required by this Agreement is not timely accomplished or if any act prohibited by this Agreement is done, then this Agreement shall be in default. Notice of default and the grounds for default shall be sent to the DEVELOPER by the CITY as provided in Part VI of this Agreement. L. LTIES Should DEVELOPER be in default of this Agreement, it is agreed that the CITY shall have the right to exercise any of the following sanctions or penalties: 1. The site plan for the pro erty ie voidable b Resolution f t y 1. n o nal i pe o sha1 e o ad b IT C rtifi t cups h l b sue y CITY f r any unit on t ROPERT . T r a an i t re: malty e u 1Lb m i m D a llo il F r da Stat L w%dn a y payments due t IT Y f om E P w no a1 Tice e a ty, vhen pp , h 1 c rue r m the d e n o in e e he e of ter0a heal a es shed a ution o the C Coun- cil. 5. The CITY shall be entitled to lien the PROPERTY and fore- close the lien in satisfaction of any payments due under this Agree- ment. 6. CITY shall be entitled to any other remedy at law and failure to exercise any remedy shall not constitute a waiver of said renedy. M. 15ISCELLANEOU8 ADD ITIONAL.OBLIGATIONS OF pEVEIO= No later than the time of completion, approval and acceptance of the work required to be done, DEVELOPER shall, without cost to CITY: 1. Convey to CITY and its successors and assigns, by good and sufficient easement deed, in a form satisfactory to CITY, a perpetual right, easement and privilege to operate, maintain, repair or replace all water and sewer mains, pipes, connections, pumps and meters within granted easements upon DEVELOPER'a PROPERTY in connection with supply- ing water and sewer service to the inhabitants, occupants and customers In DEVELOPER's PROPERTY and secure from each mortgagee and lienor a release of mortgagees' and lienors' interest in the easement and fix- tgrea thereon for so long as the easement is used for the operation, maintenance, repair or replacement of water and sewer mains, pipes, j connections, pumps and meters within the easements. 2. Transfer to CITY by SILL OF SALE ABSOLUTE all DEVELOPER'e right, title and interest in and to all of the water and sewer supply m - lines, stains, pumps, connections, pipes, valves, meters and equipment installed up to and within granted easements and right-of-way within the PROPERTY and off -site improvements installed for the purpose of c� supplying water distribution and sewage collection for DEVELOPER'S PROPERTY1 and v rn v c� rJt � 1 ^J S 3. Furnish CITY with an AFFIDAVIT that all persona, firms or corporations who furnished labor or materials used directly or indi- rectly in the prosecution of the work required to be performed by this Agreement have been paid, or in the event of a dispute between the DEVELOPER and a contractor or subcontractor, furnish CITY with a BOND In the amount in dispute and in a form acceptable to the CITY; and 4. Furnish CITY with a satisfactory surety bond or letter of credit in the amount of twenty-five percent (251) of the cost of the work, in a form acceptable to the CITY, guaranteeing all work installed pursuant to this Agreement against defects in materials, equipment or construction for a period of not less than one (1) year from date of acceptance of same by CITY. PART III. CITY'S OBLIGATIONS A. CITY'S MAINTENANCE SYSTEMS AFTER CERTAIN CONDIU 1� When, at no cost to CITY, (1) the water distribution and sewage collection systems have been satisfactorily installed, inspect- ed, tested and approved and certified in writing by the DEVELOPER'S engineer, together with the City Engineer, or his authorized I e resentative; and (2) when DEVELOPER has satisfied the conditions of A r mttse henjkall t r a t a a�io a wa ec T a ri u iande olle tand wt ii� a amPon 8P 0 Tha o li ation of t1tee T oraterwer e i e o he an c nstru t r s a u OPE ha co th condi no contained in this are aph. The CITY shell reserve 2y2 = COS t r v c — o wa a treatmen c p t f � /L- �D (Q�vlEoe. F" The CITY has entered into a 'Large Users Agreement* with Broward County, (the "COUNTY'), in which the COUNTY has agreed to make future sewage treatment capacity available at its regional wastewater treatment plant. In the event CITY cannot provide sufficient capacity, as a result of COUNTY's action, the CITY's sole obligation shall be to refund DEVELOPER'S contribution charges as described in this Agreement, for those units for which CITY is unable to provide capacity provided that DEVELOPER is not in default of this Agreement. C. IMPOSSIBILITY TO PROVIDE SIRMICE 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 thin Agreement, for those units for which CITY is unable to provide capacity provided that DEVELOPER is not in default of this Agreement. PART IV. MUTUAL COVENANTS It is mutually agreed by and between the parties that the pre- ambles contained at the beginning of this Agreement are true and correct and in addition to them, it is mutually covenated and agreed, as follows: A. ASSIGNMENT Or THIS AGREEMENT In addition to binding DEVELOPER, the provisions of this ma Agreement shall run with the land and be binding upon and inure to the �r benefits of successors in title to the PROJECT after this Agreement has been recorded in the Public Records of Broward County, Florida. Bow- ever, any other assignment or transfer of DEVELOPER's rights and obli- v gations is prohibited unless: 1. Assignment shall be done in writing in the same formality -VC" as this Agreement. M 2. CITY shall be a party of said assignment and shall not 'tom withhold approval of assignment unreasonably. C ' 00 i . 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. DEVELOPER agrees to make full disclosure to any party purchas- ing all or any part of the PROPERTY encompassed by this Agreement as to all the terms hereof, and with particular reference to the GUARANTEED REVENUES set forth in Section J of Part II herein. B. REPEAL OP M OR AGREEMENT§ 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 natter of this Agreement. The previous Agreement dated October 1, 1980 and recorded in Book 934.5 at pages 534 through 546 of the public records of Broward County is specifically repealed and superceded by this Agreement. PART V. ADDITIONAL MUTUAL COVENANTS PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER 7 I is mu u y coven t d agr0 d yId e e ies a f 1 s A fm# MN C he he clu a ri t to furnis teTr ice n 9 i n o c movewithin th R e d D—�� b t t 0 B. N - L-1 DEVELOPER, his successors and assigns, and the owners and occu- pants of buildings on DEVELOPER's PROPERTY shall not install or main- tain any water wells except for irrigation purposes. C. PRQHVLgA"IQd OF REASONABLE RULES OF SEHYJC,'S 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 aervice of TAMARAC UTILITIES WEST WATER AND SEVER SYSTEM. DEVELOPER hereby acknowledges and agrees that rates are subject to change at any time by CITY. D. =_=_LjA0J Z FOR DEYELOPER'S Ofi CONSUNE,841 PROPERTY CITY shall not be liable or responsible for maintenance or operation of any pipes, pipelines, valves, fixtures or equipment on any of the properties of the customers, consumers or users on DEVELOPER's PROPERTY other than the water service lines and sewage collection system within granted easements to CITY pursuant to this Agreement. E. F�E6�3'3Yl�PDTL' Unless otherwise specified in this Agreement, this Agreement mc', shall not be binding until fully executed, but once executed, it shall 0M have a retroactive effect commencing from the date of the City Council meeting at which it was approved. co v F. OVE aX2E METERS Q.N LE FAMILY IWMJ v Cn 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 Lrf be ch ijed 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. G. AXV_TZm ON CONSUM R'Fy SS _PROPERTY TO BA KEPT IN GOgp J=JM CONDITION Each consumer of water service or sewage collection service on DEVELOPER's PROPERTY #hall keep all water pipes, service lines, con- nections and necessary fixtures and equipment on the premises occupied by said consumer, and within, the interior lines of the lot occupied by the consumer in good order and condition. The sale of water by CITY to the consumer shall occur at'the consumer's side of the meter but the obligation for the maintenance of the lines shall be as set forth above and in applicable City regulations. H. 9 NPITIONS ON FIRE J.TPAANT 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 pri- vate, unless there has first been made adequate provisions for compen- ing T fo ch water, I n r ry e s or i s up iLi he furnish at a . servi t ROPE rein t any e ca y t f G it , fob , sualtiea, dent owe a l tee,Fro a n n e e kdowno a e t e n omo 1 tar a tri t or otraua and h ct fI a all no ct breach P he p ovi i n f ined or e t a n CIT P R, i uccean as J. SEVERABILITY If any section, subsection, sentence, clause, phrase or por- tion of this Agreement is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. K. RECOBDIN. OF AGREEMENT This Agreement shall be recorded by the CITY among the Public Records of Broward County, Florida, for the particular purpose of placing all owners or occupants of properties in DEVELOPER's PROPERTY connected to or to be connected to said water and sewer systems of CITY upon notice of each and every one of the provisions herein contained to the same extent and with the same force and effect as if said owners and occupants had joined with the parties to this Agreement in the execution thereoft and the acquisition or occupancy of real PROPERTY in DEVELOPER's PROPERTY connected to or to be connected to the said water and sewer systems of CITY shall be deemed conclusive evidence of the fact that the said owners or occupants have consented to and accepted the Agreement herein contained and have become bound thereby. L. F&LD V RRMUSA PROVISION It is mutually agreed that the CITY shall be bold harmless from any and all liability for damages if CITY's obligations under this Agreement cannot be fulfilled as a result of any ruling or order by any z® other governmental or regulatory agency having jurisdiction overthe �� subject matter hereoft and in such event, this Agreement shall be null i and void and enforceable by either party regarding that portion of the W DEVELOPER'S PROPERTY for which City cannot perform its obligation. v rn -u Cn C: N. CONTROL OF CROSS -CONNECTIONS AND BACK -FLOW 1. The purpose of this Section is to protect the public eater 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. 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. n Iny atee, prov t o a sob y e uired oral a of • , ty e • d size ppro • Olre 0 U ill i s f r the ity o h s D , u i !zing cc• ed practices and Standards!es blishedh C Ne •r Nortroml claW m i�c ofn! y ngi- 0 nad IF IFC.100%��o ter al LJ denied or discontinued by the City if a back - flow prevention assembly required by this Section !s 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 duel check valve, which wl11 be installed on the outlet side of the meter by Tamarac Utili- ties Personnel grAor to time of installation of meter. This cost is included in meter Instal- lation fee. e. All services, other then single-family resi- dences, shell be protected by an approved reduced pressure principle assembly or double check valve assembly, as determined by the Oirector et the preconstruetfon meeting, based on planned water usage within the premises. f. Reduced pressure principle and double check valve assemblies shall be procured and in- stalled 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. g. Prior to connection of water service, the back- m0 flow prevention assembly must be inspected and n-n tested by a certified tester from Tamarac utilities, There will be a charge of $50.00 W for this testing- If at the time of testing, v the assembly is found to be malfunctioning, the v Developer will be notified and water service rn will not be provided until such time as the back -flow prevention efsembly does pass Inspec- tion. Each additional inspection will result v9 In an additional Inspection FEE of $50.00. -9- Ruviseds 11/27/85 PART VI. NOTICE Whenever either party desirss to give notice to the other, it shall be given by written notice, sent by prepaid certified united states mail, with return receipt requested, addressed to the party for whom it is intended, at the place specified as the place for giving of notice, which shall remain such until !t shall have been changed by written notice in compliance with the provisions of this paragraph. for the present, the parties designate the following as the respective places for the giving of notice$ City Manages 3811 Northwest Isth Avenue Tamarac, Florida 33321 �� 4'IIE LIEVEi DER= Pine Island - Oxford Limited Partnershi 2400 Maintland Center Parkway suite 120 a r c o odds s d ant jb e• r i wit t n r c eque t d be d i ben i sh 1 have be n� p ai the n to to a su► l P I . DITI I \ • f 1 inq es i it a at a hed, as r of th s A9ie m n a o stdi oti Ilrta t LL nVIDIT -A- - Legal Description of PROPERTY EXHIBIT as- - Receipt from third party for a portion of Can tribution Charge Included Not Included x EXHIBIT -C- - A. copy of the site plan of the PROPERTY reduced to 8-1/2-ineb by 14-inch page sise. EXHIBIT -D- - A listing for the PROPERTY indicating the number of buildings to be built, the number of ERC'■ allocated to each building, the number of meters per building, mad the meter aise(s). EXHIBIT -E- - Modification of CITY's water or sewer facilities If required by City Engineer, it applicable. j Included Not included _L._ -10- IN WITNESS WNEREOP# the parties hereto have caused these presents to be executed on the.day and year indicated belovt Signed, sealed and delivered T88 CITY Or TANARAC In the presence oft ATTESTi By G. U/C G MAYOR', .. TY GER DATE ATTESTt o _ s r MANAGER CI o ApprJo ad s to for Pine Disinnd-oxford Limited parnifil shl c- liy: oxford Investment Cor oratla A`lls, Aft&', Corporation. GeneC ► ;; WIT 8S sy Vincen A. Bonner, Assistant Vice President ... :` DATE L;. Cc... L_,.,. 4y H A L- WITNESS WITNESS WITNESS MORTGAGEE (If Applicable) IV A DATE OWNER WITNESS SA E 1 A S uEVEL0POOL DATE WITNESS mr nT J d� V V O) �a C" i ss, STATE OF FLORIDA ) SSt COUNTY OF .ORANGE ) Before me personally •ppeaked Vincent A. Bonner to me well known and known to me to be the persona) described in and who executed the foregoing instrument, and acknowledged to and before me that e executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this "'day of A.D. 19 iL. State of Florida 'at•:.%ar my commission expires tiowy pow. stale ,1 MrAd jAy Com0141411 fapres Match a. 1990 U\ • wET l RIDA 6 WARD me that executed said instrument for the perposes therein expressed. WITNESS my band and official seal, this 'i2 day of��c�� Rotary Fublim •� •••. state of r4osife at b'a;ge WANT „OW Sftft W ytOMA r, ; J - NY commission expires[ ,f [OMISSION (to. taa fi jils t- al— fetY Gtatl#t SOL He. •' TE OP FLORIDA ) '•�. q COUNTY sROWARD ) se me personally appeared to at well known an nown to at to be the person(s) described in and who exectuted the foregoing [rumen[, and acknowledged to and before me that executed said instrumant for purposes therein expressed. WITNESS my hand and offs seal, this day of A.D. 19 _. my commission expires. Notary it State of It da at Large mo �T as to �a v Ln Cn a� r 45-2 I� j Vincent A. Bonner do hereby affirm Oxford Investment Corporation, A Maryland that I am the Aseiatnnt Vice of Goroorationn A Canoral Partner of President Pine island -Oxford LimiteJ Partnership and that I have executed a water and sewer Developer's Agreement with the City of Tamarac for Hidden Harbour project and that I am the owner of the property covered by said Developer's Agreement. There are no mortgages held on the property wbi ' subject of said Developer's Agreement.H 2 IUA R SA \Nam. ': •o "° f "J:C.S` na Thi (Y day�FI�H TATB 1 ; COUNTY 0! ORANGE ) Before me personally appeared Vincent A. Bonner to me well known and known to me to be the person who executed the foregoing instrument acknowledge to and before me that he executed said document for the purpose therein expressed. NITM88 my hand and official seal this -�'F� day of Note)ry Public of 8t too llorlga•-at1 'ajge pblev.PNi Sum al, !h My commission expires: µrMello. �° . nugP -13- EXHIBIT "A" - HIDDEN HARBOUR Description Bishop Tract 26 as recorded in Plat Book 120 Page 23 and Bishop Tract 31 as recorded in Plat Book 120 Page 24, Section 5, T493, Range 41E, Broward County, Florida said lands being in the City of Tamarac. SKETCH" N.T.& v V M i -0 I 4 -14- i._ 0 E. all i r fill i m IS ia;6-1 i1 �. J..•i ,���/nf� \ 'ICJ �II I • '� p,•f • �4•� �1 ' N $ .• n F'• iy tjll 'i.1 ` tei t {/ it r r r rr r r r i II ON .Exhibit C-2_..___.__.. __......._...__16- .• E EXHIBIT D TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT - HIDDEN HARBOUR SIZE OF BUILDING i 4 OF UNITS 4 OF ERC'S 4 OF METERS METERS 1 16 10.67 1 4! 1'/t � 2 16 10.67 1 2" 3 20 13.33 1 2" 4 16 10.67 1 1 1/2" 5 16 10.67 1 1 1/2" 6 16 10.67 1 1 1/2" 7 16 10.67 1 2" 8 16 10.67 1 1 1/2" 9 16 10.67 1 2" 0 1633.33 .67 1 1/2" 1 D 2"2 16.67 1 1 13 0 .67 1 24 6 .33 1 12 5 16.67 1 1 " 6 20 1 . 1 I,'.- 2 7 1 1 6 8 27 3 3 9 16 0"�'7 1D 111 16 3.33 1 22 16 13.33 1 1 1/2" TOTAL 22 368 239.2 22 METER SCHEDULE FOR NON-RESIDENTIAL USE SIZE ERC'S SERVICE USE 3/4" 1 MAINT. BLDG. 1" 1.85 RECREATION BIDG. & POOL TOTAL ERC'S THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: 0 AT 4" DIAMETER 0 AT 6" DIAMETER 0 AT 8" DIAMETER 0 AT r DIAMETER 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. i TtICHARD C. t+OHLFAR$bd+�'yc FLORIDA REGISTRATI `44 `�01� OCTOBER 29, 1985 • "'Ni V cn -o yRw"ru. i" nit nni.�ai Muuru.• iwV� �, OE VVIVANi: i, AmlY. i10d111A F. T. JOHNSON Ln —17— ' mum IIOMu11S[!. m cr) cc Exhibit 4 TR#12679 TAMARAC UTILITIES ACCEPTANCE TO ASSIGNMENT FOR: HIDDEN HARBOUR Name of Development BH IGF Hidden Harbour Apts, LLC having an address of 8800 NW 78th Court Tamarac, FL 33321 part, agrees to accept assignment of Utility Connections. ATTEST: By: Type Name Nancy engkio p0 e'rations An (Corporate Seal) COUNTY OF POLK : SS party of the second CORPORATION By: Type Name Debbie Sanford President Directorof Asset Management & Budgeting 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 Debbie Sanford to me known to be the person(s) described in and who executed the foregoing instrument and `fie- acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this L� -W- day of , 2015 . NANH NANCY SAENGK °Ip y �°n Number 79098q "' M mission F�c July 2018Pires NOTARY PUBLIC, Stat ` f at Large Iowa U\\x*�Scm.. (Name of Notary Publi : Print, 51mp, or type as Commissioned) (x ) Personally known to me, or ( ) Produced Identification Type of I.D. Produced `\-' DID take an oath, or( ) DID NOT take an oath. 011405 Acceptance and Acknowledgment of Agreement and Consent to Assignment No Exhibit 5 TR#12679 TAMARAC PUBLIC SERVICES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: HIDDEN HARBOUR APARTMENTS Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of November 27, 1995, it entered into a Water and Sewer Developer's Agreement concerning Hidden Harbour Apartments, "Developer's Agreement", with Pine Island -Oxford Limited Partnership as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by Pine Island -Oxford Limited Partnership to BH IGF Hidden Harbour Apt. LLC % Marvin F. Poer & CO., by Assignment dated 9/9/2015. The City hereby consents to and approves the Assignment of the Developer's Agreement from Pine Island -Oxford Limited Partnership to BH IGF Hidden Harbour Apt. LLC % Marvin F. Poer & CO. 980605 Acknowledgement of Agreement And Consent to Assignment M \\"'0%1111111/,// 0 Ir L _ <P ©J`: ATT By: Patricia Teufel, CIVIC City Clerk STATE OF FLORIDA ACCEPTED PYAITY OF RAC By: I. Harry Dre sler Mayor /Y City Manager Date: I 0 - / 5— 'V Approv as to foBy: � 0 q, � Samu I S. Goren, SS City Attorney COUNTY OF 9 , X I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State , aforesaind in t Count�foresaid to take acknowledgments, personally appeared Zd �� �/lr� !�uA to me known to be the person(s) described in and who executed the foregoing instrument and A e acknowledged before me and under oath that /, -e" executed the same. WITNESS my hand and official seal this 20�`' ••;;';�••, TINAM.WNEATLEY Notary Public Stale of Florida • : : • My Comm. Expires Aug 1i, 2018 Commission N FF 135878 ",:,••• Bonded Through National Naary Assn. Personally known to me, or Produced identification k day of 4 n NOTARY PUBLIC, State of Florida at Large /V/1 4 (Name of Notary Public: Print, Stam , or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (x) DID NOT take an oath 980605 2 Acknowledgement of Agreement And Consent to Assignment