Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-002T R 12435 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 2014_0;Z A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A SECOND AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH TAMARAC ACQUISITIONS LLC., FOR THE CHARTWELL MEMORY CARE PROJECT, LOCATED AT 7640 N . UNIVERSITY DRIVE, REQUIRING AN ADDITIONAL 8 ERC'S FOR WATER AND AN ADDITIONAL 8 ERC'S FOR SEWER; REQUIRING AN ADDITIONAL PAYMENT OF $13,600.00 FOR WATER AND $17,600.00 FOR SEWER; REQUIRING A TOTAL ADDITIONAL PAYMENT OF $31 ,200.00 IN CIAC FEES; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tamarac Acquisitions, LLC, is the current owner of the Chartwell Memory Care Project, located at 7640 N. University Drive (attached hereto in map form as "Exhibit 1"); and WHEREAS, a Water and Sewer Developer's Agreement currently exists reserving 32 ERC's for water and 33 ERC's for sewer to accommodate the Merrill Gardens Project, now known as Horizon Bay (Tract A), attached hereto as "Exhibit 3"; and WHEREAS, Merrill Gardens, LLC., executed a First Amendment to the Water and Sewer Developer's Agreement revising "Exhibit D" of the Water and Sewer Developer's Agreement resulting in an additional 4 ERC's for water and 4 ERC's for sewer attached hereto as "Exhibit 4"; and T R 12435 Page 2 of 4 WHEREAS, Tamarac Acquisitions, LLC. have offered a Second Amendment to the Water and Sewer Developer's Agreement to the City of Tamarac for the Chartwell Memory Care Project, as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); (attached hereto as "Exhibit 2"); and WHEREAS, Merrill Gardens, now Horizon Bay (Parcel A), has been separated into two independently owned parcels, Horizon Bay (Tract A) and the Chartwell Memory Care Project (Parcel A), making it necessary for Tamarac Acquisitions LLC, to execute a Second Amendment to the Water and Sewer Developer's Agreement to reflect the addition of 8 ERC's for water and sewer provided to the Chartwell Memory Care Project; and WHEREAS, the Second Amendment to the Water and Sewer Developer's Agreement requires the addition of 8 ERC's for water and 8 ERC's for sewer; requiring an additional payment of $13,600-00 for water and $17,600.00 for sewer; requiring a total additional payment of $31,200.00 in CIAC fees, Per Section 22-189 of the City Code of Ordinances. WHEREAS, it is the recommendation of the Director of Public Services that the Second Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Tamarac Acquisitions LLC., be approved and executed; and the payment of the CIAC fees required for the Chartwell Memory Care Project be accepted; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to accept and execute a Second Amendment to the Water and Sewer Developer's Agreement with Tamarac Acquisitions LLC., for the Chartwell Memory Care Project. T R 12435 Page 3 of 4 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 Second Amendment to the Water and Sewer Developer's Agreement, providing for 8 additional ERC's for water and 8 additional ERC's for sewer (attached hereto as "Exhibit 2") with Tamarac Acquisitions LLC., for the- Chartwell Memory Care Project, located at 7640 N. University Drive. SECTION I The City will collect an additional $31,200.00 in contribution charges prior to the issuance of the final Engineering Permit. 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 T R 12435 Page 4 of 4 is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION I passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND ATTEST: PATRICIA TE CITY CLERK EL, CMC RECORD OF COMMISSION VOTE: MAYOR TALABISCO 4d4j DIST 1: COMM. BUSHL- DIST 2: V/M GOMEZ DIST 3: COMM. GLAS R� DIST 4: COMM. DRESSLER� I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM Fl- SA E S. (�iEN CIT AT 0 NEY 2014. r.. a..o. Naf2136 CITY OF TAMARAC0Scale: N.rromp.N ae+�+G o�x SHEET 1 OF i a S SECOND AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT TR#12435 E'SvTATES'� Q LANE CIR / 78 PL Co � 78 CTVA � w 78 ST > THE CENTRE a F- Cu jj //Co WODDMONT //� 78 S1 00, 77 ST P R D TAMARAC ) 0� ELEM <v SCHOOL CHARTWELL a � j 76 MEMORY � QO= CARE � ^ j ¢ a 76 DR N 0'J�d /j/j Co i/�j/� /� /j /j / /(y) SITE LOCATION CT � � /b '/00 TAMARAC.!j !jj S,BELL W F & D � 01* /j /PARK,. / /j 010'/ 76 ST � � � 76 ST TOWN r i PLAZA v � ^ ¢ ^ a / a 75 ST --Lo GREENBRIAR or/01— F a 9 0 10 � TAMARAC MED, 80 �jii.10 UNIV, CTR PICCADILLY 01. HOSPI 72 ST 72 ST 7 6 5 % > a"""`• "" 1~8I sma. CHARTWELL MEMORY CARE EXHIBIT 1 CITY OF uuew,c, exowuro courm, FLORIDA SEC. 3, 1WV. !B, RCL 41 No. Onto Ra"arim my BMW TR#12435 Exhibit 2 FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: CHARTWELL MEMORY CARE (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 called "CITY" and Tamarac Acquisitions, LLC. having an address at 100 Milverton Drive, Suite 700, Mississauga, Ontario L5R 4H, Canada, hereinafter called "DEVELOPER" WITNESSETH : WHEREAS, CITY and DEVELOPER entered into a Water and Sewer Developer's Agreemt for the property described in Exhibit "A" attached hereto and made a part of on /7; ,2014 said agreement recorded on O.R. Book 287 Page 0760 of the Public Records of Broward County, and; WHEREAS, the parties desire to modify certain terms contained in that Agreement. The Second Amendment to the Water and Sewer Developer's Agreement establishes an increase of 8 ERC's for water and sewer. The new increase will modify the usage from 36 ERC's to 44 ERC's for water and from 37 ERC's to 45 ERC's for sewer. This addition also establishes a new water meter schedule (attached as Exhibit "D"). The new Contribution In Aid of Construction (CIAO) Fees and Equivalent Residential Connections (ERC's) are listed below: 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 II (H) of the Developer's Agreement is amended to read as follows: CONTRIBUTION MATER): ORIGINAL CONTRIBUTION: 32 Non -Residential ERC's @ 1 205.00 per ERC = $38,560-00 980605 1 Amendment to Water and Sewer Developer's Agreement -Phase FIRST AMENDMENT CONTRIBUTION: 4 Non -Residential ERC INCREASE @ 1,400.00 per ERC = 5 600.00 SECOND AMENDMENT CONTRIBUTION: 8 Non -Residential ERC INCREASE @ 1,700.00 per ERC = $13,600.00 SUBTOTALS: TOTAL ERC'S = 44 WATER CIAC FEE = $57,760.00 CONTRIBUTION (SEWER): ORIGINAL CONTRIBUTION: 33 Non -Residential ERC's @ $1,550 per ERC = $51,150.00 FIRST AMENDMENT CONTRIBUTION: 4 Non -Residential ERC INCREASE @ $1,800.00 per ERC = $7,200.00 SECOND AMENDMENT CONTRIBUTION: 8 Non -Residential ERC INCREASE @ $2,200.00 per ERC = $17,600.00 SECOND AMENDMENT CIAC FEE TOTAL: 31 200.00 SUBTOTALS: ERC'S = 45 SEWER CIAC FEE = $75,950.00 TOTAL CIAC FEE = $1133,7110,00 •:1.1 2 Amendment to Water and Sewer Developer's Agreement -Phase 2. Part III (A) of the Developer's Agreement is amended to read as follows: PART III. CITY'S OBLIGATION A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS When, at no cost to CITY, (1) the water distribution and sewage collection systems have been satisfactorily installed, inspected, tested and approved and certified in writing by the DEVELOPER's engineer, together with the Director of Utilities, 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 8 ERC's of water service and 8 ERC's of sewage treatment plant capacity for DEVELOPER. 3. All other provisions of the Developer's Agreement are hereby ratified. 4. This amendment shall become effective on the latest date of execution by a party hereto. 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: ATTE By: �,k:;j%l,jL Patricia Teufel, City Clerk CM STATE OF FLORIDA COUNTY OF r09JA')W:: SS ACCEPTED BY CITY OF TAMARAC GRANTEE , A A m�ii Beth Talabisco Mayor Michael G. Gernech City M Date: • so By: �j San City anager ..OR_1100. 16 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State f �gresOd an( in the County asaid to take acknowledgments, personally appeared CL,�- l (.Lf-r'A1 to me known to be the person(s) described in and who executed the f regoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this /-t2 day ofsI'1a-itr, 20�.(r �► TINA M. WHEATLEY MY COMMSSIONI # EE5619 EXPIRFS: August 06, 2014 1-SOU-"OTARY Fl. Notary Di dt ASSOC. Co. (>4Personally known to me, or ( )Produced identification ��:1i1110IN NOTARY PUBLIC, State of Florida at Large r (Name of ftlOtarq'PUblic"'Print' Stamp, or Type as Commissioned) Type of I.D. Produ��ch ;0, ;0 . .. . . .. .. .. . .. .. .. .. .. .. . . ... . . ... . . ••• • 4 , gmeldr:ent I&Wate= ald S14jr • Developer's 9 greermnt-Phase 0 • ; 0 • • • r, ( )DID take and oath, or ( )DID NOT take and oath IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. ATTEST: 11 WAKZ-t'-� or Type Name o�. �► Corporate Secretary (Corporate Seal) tT-Y SS COUOF ca..ce�a OWNER Type Name Ppeeod Tamara quisitions LLC. lt!f �O* � %. Sv U° P I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the 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 andacknowledged before me and under oath that i tE executed the same. WITNESS my hand and official seal this \\a -"-"day of 20�5 . ()() Personally known to me, or E NOTARY PUBLIC (Name of Notary Public: or type as C.ommiss oned) • •• • • • • . . .. • • . . . • ••• •• •• •• Print, Stamp, • •• ••• •• • • • ••• • • • . • • • •• • •• ( )Produced Identification Type of I.D. P#off used . . .. . .. .. .. ( )DID take and oath, or (X) DID NOT take an oath. •:1.1 • • • • • • • • • • • • • • . . • • • • • • • • ••• . • ••• • • ••• 5 . Ane44nt toVateCari! S ; ; Developer's Aoreembnt-PMA 0 I IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF MORTGAGEE (If Applicable) By: Type Name President I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of , a:I.I Personally known to me, or Produced Identification DID take and oath, or NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: or type as QommissLQnedl Print, Stamp, • •• •00 •. • • • • • . ••0 . • • . • • . . • •• • • • •• • •• • 000 .• 000 • • • Type of I.D.Pv Qd u d • 0 0 Yp 4"e • •• • . • • . •• ••• • • . • • DID NOT take an oath. . • • . • • • • • • . • . • . . • • . . . . • . • • 000 • • 000 • • ••• • 6 . Ane4r4ant tpMateda4 S44 ; ; ' Deveroper's Adreem 9nt-PAsO 0 • . • AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, o do hereby affirm that I am the sy r- . ee-,e,,t GamAT.,.- of Tamarac Acq i s i tions , LLc . and that I have executed a Water and Sewer DEVELOPER's Agreement with the City of Tamarac for c t,c,,4wc tt llco'eme!n�c C:irc., 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. FURTHER AFFIANT SAYETH NOT. (Signature) TERRY PLOEN Authorized Signing Officer This day of 6c,-Amk 4 120 IL : SS COUNTY OF C • 1HEREBY CERTIFY that on this day, before me, an Officer duly authorized in P the e"aforesaid and in the County aforesaid to take acknowledgments, personally appeared � to me known to be the person(s) described in and o executed the foregoing instrument and acknowledged before me and under oath that h e_ executed the same. WITNESS my hand and official seal this �� day of 20�' . (personally known to me, or ( )Produced Identification ( )DID take and oath, or ( NOT to 7 l NOTARY PUBLIC, at Large rr%vte%c - ck Ca4ar% o (Name of Notary Public: Print, Stamp, or type as ComrYdis"S'iOwd .'...•; "; •; i•v •• •• •i 00 • •• Type of I.D. Putduced ; • ; ; ke an oath. • • • • • • • ♦ • • • s • • . • • a ••• • a ♦•• • • �•♦ 4meldraent4dVatEt aid SP)W§r Devd1oper's*A9greerftnt-Phan • • • • a EXHIBIT D SECOND AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT DEVELOPMENT: CHARTWELL MEMORY CARE ORIGINAL METER SCHEDULE ORIGINAL AGREEMENT CONNECTION Meter ERC's CIAC Fees Size No. Water Sewer Water Sewer Total Non- Residential. 2" 2 32 32 $38,560 $49,600 $88,160 1 Du m pster NA NA NA 1 NA $1, 550 $1, 550 FIRST AMENDMENT METER SCHEDULE USAGE NO. OF METERS METER SIZES # OF ERC'S WATER CIAC FEES SEWER CIAC FEES TOTAL: WATER SEWER Non- 1 1-1/2" 4 4 $5 600 $7 200 $12 800 Residential ' ' SECOND AMENDMENT METER SCHEDULE USAGE NO. OF METERS METER SIZES # OF ERC'S WATER CIAC FEES SEWER CIAC FEES TOTAL: WATER SEWER Non- . 1 2" 8 8 $ 3, 604� 1� 6b0 �a• .• • A0 Residential •1 •, , 000 as 00 so Grand Total: 4 varies 44 1 45 1 $57,760 1 $75,950 $133,710 TOTAL ERC'S OF AMENDMENT (WATER) 8 (SEWER) 8 TOTAL AMOUNT DUE: $31,200.00 • •♦ • • • ♦ • ••• • • . • 8 ♦ tmeDdrrtent48 Ivat¢r aid �*g*r 0 • DeAloper's♦QgreerAent-Phase • • • DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH= 1 ERC'S (SEWER) TOTAL ERC'S 44 (WATER) 45 (SEWER) THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER 2 AT 6" DIAMETER AT 8" DIAMETER AT _ DIAMETER SERVED BY WASTERWATER PUMP STATION NO. 21 45 ERC'S a 4.34 SITE ACRES= 10.37 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. L 2�!n x SEAL P. E,# 39656 Dan A. Tintner, P.E. TYPE NAME . . ... .... ... . .. ... ..... ... . .. .. . . ... . ... ..... . . . . ... . . ... . . ••• 9 • • tm 4do entJ8 :Vatttr *d 4"r DeAloper !fAgreerflent-Plhase 0 + a k TR#12435 Exhibit "A" SKETCH AND DESCRIPTION PARCEL A OF MERRILL GARDENS II, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 178, PAGES 110-11 1, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS LYING AND SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAINING 30,030 SQUARE FEET OR 0.689 ACRES, MORE OR LESS. ism S01 °37'55"E PjkRN.,,,jkHAN *PROCTOR CROSS, INC. ' H MILITARY TRAIL, DEERFIELD BEACH, FL 33442 PHONE: 954-972-3959 FAX: 954-972-4178 FREVISIONS DATE BY CK'D O. 080705 DWG. BY: GBH SCALE: 1 " = 60' CH'D BY: GBH DATE: 11-21-13 SHEET 1 OF 1 SHEETS A83,10 ul� OIAIM�1 30 �diJ a 99 �E IW U 330 flYi 10 TR#12435 "Exhibit 3" 0 FOR: (Name of Development) GENERAL. LOCATION: THIS AGREEMENT effective this 3 day of 19 , made and entered into b 'Y 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 OL r u8 - hereinafter called "DEVELOPER". and 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 WATER AND SEWER SYSTEM"; and WHEREAS, DEVELOPER owns or controls certain real property in Froward 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 .;, J 1 Wsdanp,wpd 16 f r- I 0 CJ 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 understandings 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; and 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"; and WHEREAS, the City Commission has approved this AGREEMENT and has authorized the proper city officials to execute this AGREEMENT by motion passed at a regular City Commission meeting on 1,''i_ Y 13 19 ql . 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 ____r 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. 980219 2 Wsdanp.wpd k. PART II. DEVELOPER'S OBLIGATIONS 4 A. INSTALLATIONS IN COMPLIANCE WITH SPECIF)CATION 0 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 Director of Utilities, or his authorized representative; and said water distribution and sewage collection lines shall be installed and connected to CITY's existing water distribution and sewage collection fines, 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 Director of Utilities, 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 Tree is to compensate CITY for CITY's expense in having said plans, specifications and engineering data reviewed by the Utilities Director or his authorized representative. 3. Meter shall be INSTALLED BY CITY. No meter shall be removed, moved, bypassed, or altered in any way except by the City. Violation. of this paragraph may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in default, or both. The imposition of a penalty shall be at the sole discretion of the City Manager or his designee. 4. Non -metered use of City water or use of water from fire hydrants may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in default, or both. The imposition of a penalty shall be at the sole discretion of the City Manager or his designee. , 11 •a WT&1114W*1:1:4 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 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 Director of Utilities authorized representatiive. Should there be cause or reason for the DEVELOPER to engage the services of a registered engineer (other than the design engineer) for 980219 3 Wsdanp.wpd 3 LJ is inspections, engagement. then DEVELOPER shall notify the CITY within five (5) days of such The DEVELOPER'S Engineer of Record shall prepare "As --Built" drawings of all construction. DEVELOPER and his Contractor shall arrange for and hold a preconstruction meeting with the Director of Utilities or his authorized representative. Notification of said meeting shall be made in writing and received by all parties seventy-two hours in advance of said meeting. The meeting shall be held at least twenty-four (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. 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 Director of Utilities or his authorized representative. Approved plans and permits must be on site at all times. During construction and at the time when periodic inspections are required, the Director of Utilities or his authorized 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. Any work performed beyond City of Tamarac Inspector normal working hours must be inspected. The cost of inspection conducted by the CITY Inspectors beyond normal working hours will be paid by the DEVELOPER including overtime at the rate in affect at the time of inspection. .� 21 • A I • r • 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. 980219 E Wsdanp.wpd I* A �R wo V9A DEVELOPER shall, at his own expense and at no expense to the CITY, furnish to the CITY one complete set of reproducible rnylar 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 Director of Utilities authorized representative. 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 constructed in the field, As -Built drawings shall also be sealed by a Florida registered surveyor as to the actual locations of all surface features of these systems, easements and right of ways which are part or adjacent to the property and shall include all paving and drainage facilities constructed in conjunction with the water and sewerage facilities. The contribution charges (both water and sewer), shall be calculated according to rates set by Resolution of the City Commission. 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. The Developer's engineer of record will also supply to the City, meter calculations on all nonresidential meters based on the South Florida Building Code tables 4619 46J and 46Q for meter sizes. Payment of the contribution charges is a condition precedent to the execution of this AGREEMENT. The contribution charges applicable forthis AGREEMENT are summarized as follows: QONTBLOUTIO-N (WA Residential # NI , . Units X ERC's Per Unit a@ .oD Per ERC Non -Residential # ERC's @a $1..205.M Per ERC Total ERC's (WATER) Total Contribution $ 3B.560.00_ CONTRIBUTION SEWER) Residential #.N8_ Units X ERC's Per Unit @ $1 .550.00 Per ERC Non -Residential # 33_ ERC's @ $1,550.00 Per ERC Total ERC's �(SEWER) Total Contribution $ L1, 150.00 980219 5 Wsdanp.wpd 0 C� J The DEVELOPER has paid to the CITY the sum of eighty nin ,d seyen hundre ten dQllars.._w ($89.71-O.,a ,,,,_,for contribution charges. Unless City Commission, at the time of adoption of this AGREEMENT by Resolution, approves alternative payment procedures, all Contribution charges have been paid, as evidenced by the signature of the Finance Director: Stanley Hawthorne, Finance Director Date Commencing after receipt of the Certificate of Occupancy and 90% occupancy of the ALF, the CITY will review the actual water usage for one year. Based on this data, actual ERC per bed requirements will be established. If the actual ERC consumption is greater than 100 gpd/bed, the number of ERC's required and the associated connection charges for the same will be adjusted accordingly. Any additional payment of connection charges will be due at that time. If actual consumption is less than 100 gpd/bed, the number of ERC's required and the associated connection charges for same will be adjusted for the ALF accordingly. Any overpayments of connection charges will be credited to the DEVELOPER at that time. 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. 2. The payment of GUARANTEED REVENUES required by this AGREEMENT shall commence six (6) months after the payment of CIAC Fees. Has a Plat for the property been recorded with Broward County 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 fora unit when metered water and server 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). 980219 on Wsdanp.wpd J. MODIEICAIIQNQE SEWER FACILITIESMAI-BE blEGES. 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. i q ! 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. SANQBONS 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: 1. Any reserved plant capacity under this AGREEMENT may be rescinded and forfeited. Commission. 2. The site plan for the PROPERTY is voidable by Resolution of the City 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. b. 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. 980219 7 Wsdanp.wpd 0 C. 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. 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 15' wide for water. 41 2. Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER's right, title and interest in and to all of the water and sewer supply lines, mains, pumps, connections, pipes, valves, meters and equipment installed up to and within granted easements and right-of-way within the PROPERTY and off -site improvements installed for the purpose of supplying water distribution and sewage collection for DEVELOPER'S PROPERTY. 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. 5. Furnish CITY with T.V. inspection and air test of the sanitary sewer collection system performed one (1) month before 1- year warranty period expires. 980219 8 Wsdanp.wpd 6. Install cleanout on consumer's sanitary service in accordance with current Utility Standard Detail. PART III. CITY'S OBLIGATION JfA 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' engineer, together with the Director of Utilities, 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 frreline 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 ""_. ERC's of water service and ERC's of sewage treatment plant capacity for DEVELOPER. Aim B. SERMCECONDEQNS QK LAME U-SE13 A013EELA L- , 0i 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. 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 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 preambles contained at the 980219 0 Wsdanp.wpd U beginning of this AGREEMENT are true and correct and in addition to them, it is mutually covenanted and agreed, as follows: A. ASS[GNMENT OF THlug 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 Public Records of Broward County, Florida. However, any other assignment or transfer of DEVELOPER's rights and obligations is prohibited unless: I Assignment shall be done in writing in the same formality as this AGREEMENT. 2. CITY shall be a party of said assignment and, shall not withhold approval of assignment unreasonably. 3. DEVELOPER shall remain primarily liable to CITY for the 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 assigned. 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. L OF PRIOR AGREEMEN All prior Developer Agreements or Agreements pertaining to the supply of water and sewer affecting the PROPERTY are hereby canceled 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. 980219 10 Wsdanp.wpd B. WELU. PRQJjlJ3J D E&CF=PlfOR..,IRRtQATEO 10 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. P ON OUEA L ES 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 WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and agrees that the rates are subject to change at any time by CITY. CITY shall not be liable or responsible for maintenance or operation of any pipes, pipelines, valves, fixtures or equipment on any of the properties of the customers, is consumers or users on DEVELOPER's PROPERTY other than the water main and 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. I of l►� �l 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 safe 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 DATE Unless otherwise specked 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 commission meeting at which it was approved, • n .w 980219 11 Wsda p pd 0 0 I* -_I & 14 t � ►1 ■ 6►i It is assumed that a single family home on the PROPERTY will be serviced by a 518-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. 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 Director of Utilities has first approved the use and the connection, and there has first been made adequate provisions for compensating CITY for such water. Any temporary cessations or Interruptions of the furnishings of water and sewer service to the PROPERTY described herein at any time caused by an Act of God, fires, strikes, casualties, accidents, power failures, necessary maintenance work, breakdowns, damage to equipment or mains, civil or military authority, riots or other cause beyond the control of the CITY shall not constitute a breach of the provisions contained herein nor impose liability upon the CITY by the DEVELOPER, his successors and assigns. If any section, subsection, sentence, clause, phrase or 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. •1 :1 �TC I fp; I a X, 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 DEVELOPRER's PROPERTY connected to or to be connected to said water and sewer systems of CITY upon notice of each and every one of the provisions herein contained to the same extent and with the same force and effect as if said owners and occupants had joined with the parties to this AGREEMENT in the execution thereof; and the acquisition or occupancy of real PROPERTY in DEVELOPER's PROPERTY connected to or to be connected to the said water and sewer systems of CITY shall be 980219 12 Wsdanp.wpd 0 0 0 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. It is mutually agreed that the CITY shall be held harmless from any and all liability for damages if TTY's obligations under this AGREEMENT cannot be fulfilled as a result of any ruling or order by any other governmental or regulatory agency having jurisdiction over the subject matter hereof; and in such event, this AGREEMENT shall be null and void and unenforceable by either party regarding that portion of the DEVELOPER's PROPERTY for which CITY cannot perform its obligation. 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. 980219 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 DEP regulations, and this Section. b. Any back -flow prevention assembly required herein shall be of a model, type and size approved by the Director of Utilities for the City of Tamarac, or his Designee, utilizing 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. 13 Wsdanp.wpd x1 r1 LJ I* 0 e. 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 Director of Utilities 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 Department, prior to the installation of the water service meter. 9. Prior to connection of water service, the back -flow prevention assembly must be inspected and tested by a certified tester. If at the time of testing, the assembly is found to be malfunctioning, the DEVELOPER will be notified by the CITY and water service will not be provided until such time as the back -flow prevention assembly does pass inspection. h. Annual (or at intervals determined by Director of Utilities 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 Director of Utilities) by a state certified back -flow tester at DEVELOPERIOWNER expense. The DEVELOPER/OWNER will be responsible for insuring that proper plumbing permits have been obtained and fees paid. 411 to I M0 • ` DEVELOPER acknowledges that property described in Exhibit "A"(is / is -Dgj) 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 Director of Utilities. 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 84-64 or as it may be amended. DEVELOPER acknowledges that Broward County and the City of Tamarac have ordinances that prohibit discharge of hazardous materials into the sanitary sewer system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85-52). DEVELOPER agrees not to discharge hazardous materials into the sanitary sewer system as defined by 980219 14 Wsdanp.wpd 4D 0 Breward County Ordinance 86-61 and Tamarac Ordinance 85-52 or as they may be amended. P. VF= LIE This Agreement shall be governed by the laws of the state of Florida as now and hereinafter in force. The venue for actions arising out of the Agreement is fixed in Broward County, Florida. PART Vl. 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: City Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 r% ■- •' -A Vice President of Development Merrill Gardens, L.L.C. 2716 Western Avenue Seattle, Washington 98121 Notice so addressed and sent by prepaid certified mail, with return receipt requested, shalt be deemed given when it shall have been so deposited in the United States mail. 980219 15 Wsdanp.wpd 0 L-1 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 and Legal Sketch on an 8-1 /2inch by 11- inch page of the PROPERTY 980219 EXHIBIT "B" - Receipt from third party for a portion of contribution charge: Included Not Included_ EXHIBIT loci • A sketch of the site plan of the PROPERTY reduced to 8-1/2 inch by 1 'I -inch page size. EXHIBIT "D" - A listing for the PROPERTY indicating the number of ERC's allocated to each building, the number of meters per building, the meter size(s) and a payment schedule of phasing (if applicable). EXHIBIT "E" - Modification of CITY's water or sewer facilities if required by the Director of Utilities, if applicable. Included., Not Included._x.,...�. 18 Wsdanp.wpd IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed 40 an the day and year indicated below: Signed, sealed and ACCEPTED BY CITY OF TAMARAC delivered in the presence of: GRANTEE 0 0 ATTEST: FYI 7i�.e'w's . Noe, Jr., ity Manager ATTEST: By: Carol Gold, CM City Clerk STATE OF FLORIDA : SS By: Joe Mayor Date: 57. f).Oe . Noe, Jr., er .`Kraft, Attorney 6 COUNTY OF D : 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 & & - 5cle aA CIA tfi6 & T.5. to nee known to be the person(s) described in and who executed the foregoing instrument and jAjj4 cknowledged before me and under If oath that "1 executed the same. WITNESS my hand and official seal this _ day of 19919 . WIN& wwaY � L } COMMa$,* 00390392 E�tP. wY comml� Personally known to me, or ( )Produced identification NOTARY PUBLICS "State of Florida at Large 4V,�L�s (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( } DID take an oath, or DID NOT take an oath. 980219 17 Wsdanp.wpd 0 "0"- LLJ I* ATTEST: John . Carr6slno, Secretary (C porate Seal) STATE OF WASHINGTON }( COUNTY OF KING )( DEVELOPER: MERRILL GARDENS, L.L.0 8y: Merrill Associates Limited Partnership, Manager By: The M 4II Group Inc., Managing General Partner . D. Pettit,Jr., 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 William D. Pettit, Jr., and John L. Carrosino, to me known to be the persons described in and who executed the foregoing instrument and who acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this Lnay of %. 91998. !-:0tc:y PU011c �/1C10 Gf vaY1�..�1��M� KATSCRINE R. NICHOLS Appalr►tmont Exptfes F*b 2. 2001 ( personally know to me, or Produced identification NOTARY PUBLIC, State of W ington Name of Notary Public Stamp, or Type as Commissioned Type of I.D. Produced D10 take an oath, or ("o[jiD NOT take an oath. 980'219 IV Wsdanp.wpd r� U ATTEST. - John (Corporate Seal) , Secretary STATE OF WASHINGTON )( COUNTY OF KING )( OWNER: MERRILL GARDENS, L.L.0 By: Merrill sociates Limited Partnership, Manager By: T4"eyVill Group Inc., Wnaging General Partner D. Pettit,Jr.; 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 William D. Pettit, Jr., and John L. Carrosino, to me known to be the persons described in and who executed the foregoing instrument and who acknowledged before me and under oath that they executed the same. WITNESS rn hand and. official seal this w T-�aeql Y day of11998. Notary Putft Mote or wawlnpton � R KATHER. SHOW MI► r%ww%m 11 t Eqw Fib 2. bpi .01 personally know to me, or ( )Produced identification NOTARY PUBLIC, State of Washington Name of Notary Public Stamp, or Type as Commissioned Type of I.D. Produced ( )DID take an oath, or (wIrD5l NOT take an oath. 980219 Ew Wsdanp.wpd ,, 0 0 40 i, William D. Pettit, Jr., do hereby affirm that I am the President of The Merrill Group, Inc., Managing General Partner of Merrill Associates Limited Partnership, the Manager of Merrill Gardens, L.L.C., and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for Merrill- Gardens of Tamarac project and that I am the owner of the property covered by said Agreement. There are no mortgages held on the property which is the DEVELnPR'S AGREEMENT. FURTHER AFFIANT SAYETH This t %5` 411 dayof STATE OF WASHINGT4N )( COUNTY OF KING �( subject of said 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 William D. Pettit, Jr., to me known to be the person described, in and who executed the foregoing instrument and who acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this xS±!_ day of f-� C"►.� � � _., NOTARY PUBLIC, State of Washington * J\1 %-,( jL'XC I Name of Notary Public Stamp or Type as Commissioned ( Personally know to me, or ( )Produced identification Naft" Pu m WON R6 NICMS Type of I.D. Produced ( ) DID take an oath, or (1401D NOT take an oath. 980219 20 1998. Wsdanp . woad Ex hi bf'+ «q,, 0 0 0 NICK MILLER, INC. Surveying & Ma DESCRIPTION (AS PROVIDED) A PORTION OF TRACT 13, OF FORT LAUDERD ALE TRUCK FARMS SUBDIVISION OF SECTION 31, TOWNSHIP 49 SOUTK RANGE 41 EAST, AS RECORDED IN PLAT" BOOK 4, AT PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMNSNCING AT THE SOUTHEAST CORNER OF SAID TRACT 13; THENCE NORTH 00 DEGREES, 13 MINUTES, 57 SECONDS WEST ALONG THE EAST LINE OF SAID TRACT 13, A DISTANCE OF 838.73 FEET; THENCE NORTH 88 DEGREES, 32 MINUTES, 53 SECONDS NEST, PARALLEL WITH THE SOUTH LINE OF SAID TRACT 13, A DISTANCE OF 865.68 FEET TO THE POINT OF BEGD0MG OF THE DESCR.IPTION, THENCE CONTINUING NORTH 00 DEGREES, 32 MINUTES, 53 SECONDS WEST, A DISTANCE OF 400 FEET; THENCE NORTH 00 DEGREES, 12 MINUTES, 16 SECONDS WEST, PARALLEL WITH AND 53.0 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID SECTION 3, A DISTANCE OF 424.27 FEET TO A POINT OF CURVE; THENCE NORTHERLY AND EASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.0 FEET, AN ARC DISTANCE OF 35.99 FEET; THENCE SOUTH 88 DEGREES, 32 MINUTES, 53 SECONDS EAST, A. DISTANCE OF 374.27 FEET; THENCE SOUTH 00 DEGREES, 12 MWMS, 16 SECONDS EAST, A DISTANCE OF 450.00 FEET TO THE POINT OF BEG G (THE "PROPERTY") DATE: 2 '- Z-4 - 9,$ GARY A. RACER PROFESSIONAL SURVE CERTIFICATE NO. 4828 STATE OF FLORIDA FEBRUAR'Y 24, 1998 SHEET I OF 2 97032E-1 2560 RCA Boulevard. Suite 105 * Palm Beach Gardens, Florida 33410 (561) 627-5200 • Fax: (561) 627-0983 * Email: nickmill@gate.net Exhbt AGRAPHIC SCALE 53' I 53' 106' }D=91' 39' 23" i L=39.99 R=25.00 C. wow �i I w !0 Ci 5353' 53.Oi 0 50 100 ( IN FEET ) 1 inch ; 100 ft. N ]EMAnk fca-w'm S880 32' 539' F 9-Arm-nam, i :�(CENTRAL ANc -CURVE UNGTH ..O .c G. RJW PJC41T OF WAY N88' 32' S W 400.00 FORT i�vn oxoF res��rs P.a 49 roc. 31 MCK 1�IILI.ER, INC.-21-8 SUITE 105 2360 RCA BLVD. PAIN KACM 6AMMM, FLORIDA &W O 7M 561 627-3200 FAX 561 627-0083 0.R.P.A. ASS LX=W No. 4318 18. W i N 0 cn AD.0.8. g� �� j M I[. BA3T LINE OF TRACT M P9.49 PC}. 31) .1i 53" W co cX) w 0 a m Ln F.o.C..i.` ,. l SOUTHEAST CORNER OF TRACT 13 FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 41 EAST ,PLAT BOOK 4, PACE 31 SKETCH AND DESCRIP11ON PREPARED FOR: I SCALE: 1" w100' MMML GARDENS L.L.C, DATE: 2-24-98 JOB N0.97032E NOTE: NOT A SURVEY 2 OF 2 1 FILE:970J2E-t.bWG v 0 i 10 w Kwu% 00*0 puv got TWA 4' 4t �24 lag Na r- Its Y a as az V 4 g s A Ke1!li24WRaand* EMill' AI I I ll fit, i0j. 1 s R 11 owl 21 "Ow apt - wo" "NMa►K b A Y�f •• SITE PLAN 3 MERRILL GARDENS TAMARAC, PLORIDA '.rr1r�•__r ._ r JIf 04%**jwtjI a its UP a 1 g fit I��� A K a C�oonklin fl Porter and Holmes BIKGl ftwd g 0"0" INC. Q�� t -me# 60 1wam.e w.a r a N 9 0 0 .0 EXHIBIT D kf,i► 1, VXTIT63MIN ►. i► 1 kofaTel -:144 �, � MERRILL GARDENS OF TAMARAC 7600 University Dave MEJE13 SCHEDULE ANC FEU FOR ALF USE 107 beds aQ .286 ERC s per bed (107 beds @ 100 GPD per bed) 10,700 GPD 30.602 ERC 10 employees per shift @ 40 GPD = .114 ERC'$ per employee x 10 1.140 ERC TOTAL ALF ERC"s REQITM ED 31.742 ERC Water Sewer 32 32 Dumpster (see below) 1 32 33 Water CIA 387560 NA 38,560 Sewer CIA Total CIA Meters Motor size 492600 88,160 2 2" each 1,550 51,150 11550 89,710 DUMPSTER CONNECTED TO SEWER a@ 1 ERC EACH. 1 ERC (SEWER) @ $1,550 = $1,650.00 GRAND TOTAL ERC'S 32 (Water) —3 (Sewer) GRAND TOTAL CIAC FEES: $38,560 (Water) $51,150 (Sewer) THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 8" DIAMETER 1 AT 6" DIAMETER AT .._ DIAMETER SERVED BY WASTEWATER PUMP STATION NO. __ !) i__ _._ ERC'S SITE ACRES =., ERC'S 1 SITE ACRE I HEREBY CERTIFY THAT THE NONRESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FL WIDA BUILDI 980219 TYPE NAME THE INTENDED USE. PE # S Wsdanp.wpd 1 Temp. Reso.#8199 April 3, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-9$�/ 7 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 WITH MERRILL GARDENS, LLC, FOR THE MERRILL GARDENS OF TAMARAC ALF PROJECT, LOCATED ON THE SOUTHEAST CORNER OF UNIVERSITY DRIVE AND NW 77T" STREET, FOR ONE WATER AND SEWER BUILDING CONNECTION AND ONE DUMPSTER CONNECTION REQUIRING 32 ERC'S FOR WATER AND 33 ERC'S FOR SEWER; REQUIRING THE PAYMENT OF $89,710.00 IN CIAO FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer, Merrill Gardens, LLC, is constructing an Assisted Living Facility for the Merrill Gardens of Tamarac ALF Project, located on the southeast corner of University Drive and NW 771 Street, (attached hereto in map farm as "Exhibit 1 ") in accordance with the Site Plan as approved by the City Commission on April 8, 1998; and WHEREAS, the developer has offered a Water and Sewer Developer's Agreement to the City of Tamarac for the Merrill Gardens of Tamarac ALF Project as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); and WHEREAS, the Water and Sewer Developer's Agreement requires the purchase of 32 ERC's for water and 33 ERC's for sewer for a combined CIAC fee of $89,710.00 as required by Resolution R-97-230; and F] r Temp. Reso.#8199 April 3, 1998 2 WHEREAS, it is the recommendation of the Director of Utilities that the Water and Sewer Developer's Agreement be approved, executed and the payment of the CIAO fees required for the Merrill Gardens of Tamarac ALF Project be accepted; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it in the best interest of the citizens and residents of the City of Tamarac to accept and execute a Water and Sewer Developer's Agreement with Merrill Gardens, LLC, for the Merrill Gardens of Tamarac ALF Project. 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. SECTION I That the appropriate City Officials are hereby authorized to accept and execute a Water and Sewer Developer's Agreement (attached hereto as "Exhibit 2") with Merrill Gardens, LLC, for the Merrill Gardens of Tamarac ALF Project, located on the southeast corner of University Drive and NW 7711 Street and collect the contribution charges in the amount of $89,710.00. SECTION 3: That the City Clerk is hereby authorized and directed to record said Agreement in the Public Records of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso.#8199 April 3, 1998 3 SECTION 5: 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 pant or ,application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: passage and adoption. 1998. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this, day ATTEST: CAROL GOL MC/AAE CITY CL K HEREBY CERTIFY that I have approved this RESOLUTION as to forfn1 tTCHELI. S. K)lCAF CITY ATTORNEY TR/davAk JOE SCHREIBER MAYOR REcop MANOR_ Sct�afi CQMM DIST" 1: DIST 2, DIST 3• f � DIST 4: an ♦ ;r 1 EXHIBIT 1 R TEMP. RESO. # 8199 CT W TR53 w •v p 1 w .� U L WOODMONT SHL7PPES � Owl�N G7 Q .r W S q(vI + ..+ G j/ �► t4 MLA �00 W W W V �'•' TR54 w •� � w W W W W W a• W FERN C I R cj � TRS5 c? W W �— �I � 4 ��Y •Y 1Y � Sr TNT pl • x C IR 14 r� u A TR74 .-♦ r r ,- W ♦-► .--.of -ENVIRONMENTALLY �S Ns I Vo LAN -• .�..w 0.0 j w ...• r10 ofH _Ja .�• ►-+ V Q � oo Aq w-� W W V► �' W ~ d r. r. Z r 79 ST a TR56 N 78 CT d y 010� ^ A VALON o ESTATES $� CT 78 CT > 78 ST W- THE CENTRE r, WOODMONT in vS Y v h TAMARAC CLEM SCHOiL /flj�� TAMARAC / /PAR TR7S i/ ,� K TOWN 7.3 S r j j ij j j� PLAZA 81 PL 'a fu Q 81 CT h 81 STLi 8ST 80 PL ry7y7rry 80 CT 80 ST 80 ST Q d d h n ^ HE THG E pRD „ d W SITE 76 nP LOCATION 76 CT S, BELL W F & D W 76 ST ►.. h> n > ~ `z 75 ST GREENBRIAR �. TAMARAC MED. UN I V, UN I V. C TR P I CCAD I LLY MED CTR HOSP. 72 ST 72 ST 71 CT WOODMDNT �► I1 CA PLARK SQUARE d THERAPEUTIC CT r 71 ST a TR72C ACAD MY ago HII. S � �t N. AMER, '70 CT ALBERTSON 7 6 W] 10 5 03 NnNT ALL SAINTS I \ '`*-- MERRILL GARDENS OF TAMARAC ALF WATER AND SEWER DEVELOPER'S AGREEMENT 1 78 ST 7 3 0 I� O 78 ST � ^ 11J tU h 76 DR 7� CT 76 ST Q 75 CT w a ¢ 75 S r N r 74 P' 73 ST 72 ST a d 71 ST n h 70 CT 70 ST UNITED 8 199. DWG s TR # 12 4 3 5 "Exhibit 4" �-91 � ►l Q AL MV snipe* FOR: i„ Meals of Tea_ . Phase U,,_,,,,,,,,�,.,._ (Name of Development) This AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 88t' Avenue, Tamarac, Florida 33321, hereafter call "CITY" and - -Menill QaWens- L.L.C. _ _ having an address at v u st , hereinafter called uDEVELOPER" 1MTNESSETH : WHEREAS, CITY and DEVELOPER entered into a Water and Sewer Developers Agreement for the property described in Exhibit "A" attached hereto and made a part of on Mipv 1. , , 1,� 8, said agreement recorded on O.R. Book Page of the Public Records of Broward County, and; WHEREAS, the parties desire to modify certain terms contained in that Agreement. NOW, THEREFORE, in consideration of the mutual covenant and undertakings of the parties hereto and other good a -valuable considerations, the parties hereto covenant and agree as follows: 1. Part II (H) of the Developer's Agreement is amended to read as follows: ORIGINAL CONTRIBUTION: Residential #...,„Units X I ERC's Per. Unit @ $ i .245 Per ERC Non -Residential ERC's � per ERC = S_U.560 FIRST AMENDMENT CONTRIBUTION: Residential # NIA Units X ERC's Per Unit $ _. .40Q Per ERC Non -Residential ERC's = a.,490,.,..._ per ERC = S5.800 SECOND AMENDMENT CONTRIBUTION: Residential # I Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = os -.-. per ERC am I SUBTOTALS: 901208 ERC'S = WATER CIAO FEE = 44.160,-,. Amendment to Water and Sewer I Developer's Agreement n 1111rce Zan: : • z /_ ORIGINAL CONTRIBUTION: Residential # . Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 33 a per ERC =151.150 FIRST AMENDMENT CONTRIBUTION: Residential # NIA Units X ERC's Per Unit @ $ 1.800 Per ERC Non -Residential ERC's 4 @ S1.800 per ERC = 7 SECOND AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit a� $ Per ERC Non -Residential ERC's = per ERC = L10 -I M SUBTOTALS: ERC'S = _ 3._ 7 ._ SEWER CIAC FEE -S58,350-- - - TOTAL CIAC FEE = Cam,,,? `70 ORIGNAL PAYMENT = A,Qj10 CURRENT PAYMENT =$12.800 2. Part 111(A) of the Developer's Agreement is amended to reed as follows: PART Ill. CITY'S OBLIGATION A. 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 Utilities, 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 flreline 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 ERC's of water service and ERC's of sewage treatment plant capacity for DEVELOPER. 3. All other provisions of the Developer's Agreement are hereby ratified. 4. This amendment shall become effective on the latest date of execution by a party hereto. 981208 Amendment to water and Sewer 2 Developer's Agreement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion bwenson, umu City Clerk STATE OF FLORIDA : SS COUNTY OF R-04J?t : ACCEPTED BY CITY OF TAMARAC GRANTEE By Jo Mayor Date: By: n Jeffrey L. Moor City Manager to S. Kraft, City Attorney 1 0100 a �.--- I HEREBY CERTIFY that on this -day, before -tee-; an o#r--duly authorized in the State aforesaid and in the County Aforesaid to take acknowledgments, personally appeared 4 ZkOUV L. M, Ua-it 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 Ca ---day of 2Q . F= A WHM ARY PI, U c srAU of pied WA GOMMEMON NO. 72 0 ' CEMM SSION W. SEPT 15 ( Personally knownto me, or ( )Produced identification 961208 NOTE Y PUBLIC, State of FIodda at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced Amendment to Water and Sewer 3 Developer's Agreement ( ) DID take an oath, or ( ) DID NOT take an oath IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written, ATTEST: DEVELOPER: MERRILL GARDENS, L.L.0 By: Merrill Associates Limited Partnership, Manager By: The Merril! Group Inc., Managing - General P rtner ...:..�... By: fTyp a me -.. U P, wG15��1� f� a Name , D P'etfit, Jr., President G orate Secretary (Corporate Seal) STAVE OF WASHINGTON: • SSf COUNTY OF King • I HERItd Y CER%IPY'tNA 6b thi's day;. b&fore*e 'r k"8h'0ffi_C_e'F d,UW-6utl` r'J!ed•-in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jt• 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 P''' day of 4.�.�... 2os.L. , State of Won DOUG SPEAR MCI /1��palnfrnt Exptre�s Jar► 20. �O.S ( il Personally known to me, or ( )Produced Identification 01 ( DID take an oath, or 981208 NOTARY Uit C, State of Washington at Large r r fj4c_ sow fc r f-tom (Name 64 Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced DID NOT take an oath. 0 Amendment to Water and Sewer Developer's Agreement s 4 AFEID"I■iLL-.BE COMELETED WEJENIli. ►6IS---NQT w PPLLQ.ABLE i, , William D.. ettit. Jr. do hereby affirm that I am the Press ent of r of- Merrill Gardp,[M Associates be..QgWgns. ..L. and that I have executed a Water and Sewer DEVELOPER's Agreement with the City of Tamarac for . MilrjIl QArdens of TaMarfig. -- 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. F ER AFFIANT SAYETH NO T. This ,1.$ day of March , 20 c_z STATE OF WASHINGTON: SS COUNTY CIF - wKing -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 . Wilam D. Pettit. Jr• ,..., to me known to be the person(s) described In and who executed the foregoing instrument and wbo acknowledged before me and under oath that h executed the same. WITNESS my hand and official seal this day of 4 2ao�=. ( personally known to me, or ( )Produced Identification ( DID take an oath, or 981208 NOTARY PI-BLIC, State of Washington at Lame 1)!, •':��. ,,,,. p,. ls•i-. a :r (Name of Notary Public: Print, Stamp, or type as Commissioned) �L Type of I.D. Produced } DID NOT take an oath. 5 Amendment to Water and Sewer Developer's Agreement • r piy-A Merrill Gardens -- Phase II 6 OF ERC'S WAT'Ett 0 OF CIAO 610M TOTAL. CIAC CIAO 0 OF METER ma y 5 S sylo 0 sego $168ow 1 111r Name that undior the orlplrtai jimprs�nwnt, the wwo bond on a 10? bad %alllty. Due to eMnar y vehlole olr+ou+atio�►. the buNdlnp tise was rod rd to 103 beds. Thwafons, theme sm 4 bed* at c apaally unused st the h alllty. 4 bock ® 0.216 E RCMW = 1.144 ERC; thwoloro, 6 ERC Proposed -1.144 ERC gwalloble 0 3 A56 of 4 ERC's requM. _L _ _-_DUMPSTERW CONNECTED TO SEWER 01 ERC EAC"w .._=.ERCS (SEWER) TOTAL ERVS 4 WATER) (SEWER) THIS PROJECT REOUiRE5 THE FOLLOWING $IZEE AND NUMBER OF FIRE LINES: T 4` DIAMETER _ fl _ _ AT e• DLVAMR o AT V DIAMETER -0 AT DIAMETER NOTE: EXISTING FIRE LINES WILL BE UTILIZED. NO NEW FIRE LINES ARE NECESSARY. SERVED BY WASTERWATER KUP STATION NO. srrEACRE5n_fiA.FAC8MTE ACRE HEREBY CERTIFY THAT THE NON-RESIDENTIAL I MINIMUM REOUIREMENTS OF THE SOUTH FLORIDA 1*120 2 METERS P.E•0 . Slmq[t, TYPE NAME l4ntn* In Vift and Sww � a A g eov Wd sp 53' 1 53' 1 06' D=91 ' 39' 23" L=39.99 R=25.00 9 N Q vi z 0 U V W z C C V V) �3 04 z 53' 53' ` 53.01 t� d- GRAPHIC SCALE 0 w 100 88` 32' 53'' no IN Fir ) 1 Inch = 100 it D = DELTA ii 2 4 R/W RIGHT OF WAY PO. PAGE N 88' 32 53 W 400.00 CT 13 FORAPO ON T I.ADDEIiDAI� TOF �$UCKARM9 PJ. 4, PG. 31 SOUIHWP..ST CORiVIIt 3P,C1I0N 3, TOWNSHIP 49 SOU1"Fi, RANGE 41 EAST NICK MELLEI;, INC. $u« 105 2560 RCA BLVD. PALM KAW GARDE. "IN10A 3U10 TEL 361 637-3200 FAX 36t $27-0993 0.N.P.A. $LONES4 LX3NS1: NO, 4318 L v- t P.a2, 8f5.6�1 EASE' LINE OF TRACE'' (PEEL P3, 41 PCB. 31) "T u W P.04 1* SOUTHEAST CORNER OF TRACT 13 FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 3, TOWNSHIP 49 SOUTH RANGE 41 EAST,PtAT BOOK 4, PAGE 31 SKETCH ANO DESCRIPTION PREPARED FOR: WRML GARDENS L.L.C. NOTE: NOT A St1RVFY SCALE: I" m 100' DATE: 2-24--98 JOB NO. 97032E Temp. Reso. April 5, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-134 #9753 11 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 MERRILL GARDENS, L.L.C., FOR THE MERRILL GARDENS OF TAMARAC, PHASE II PROJECT, LOCATED ON THE SO THEAST CORNER OF UNIVERSITY DRIVE AND NW 77 STREET, ADDING ONE ADDITIONAL WATER METER REQUIRING 4 ERC'S FOR WATER AND 4 ERC'S FOR SEINER ESTABLISHING ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $12,800.00; 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, Merrill Gardens, L.L.C., is the owner of the Merrill Gardens of Tamarac, Phase Il Project located on the southeast corner of University Drive and NW 77th Street (a copy of which is attached hereto in map form as "Exhibit I"); and WHEREAS, Merrill Gardens, L.L.C., wishes to create a First Amendment to the Water and Sewer Developer's Agreement, revising Exhibit D" of the Water and Sewer Developer's Agreement resulting in an additional 4 ERC's of water and 4 ERC's of sewer service for one additional water service connection; and WHEREAS, it is the recommendation of the Director of Utilities that this First Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Merrill Gardens, L.L.C., for the Merrill Gardens of Tamarac, Phase II Project be approved and executed; and Temp. Reso. #9753 April 5, 2002 2 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, adding one additional watermetdr establishing 4 ERC's for i water and 4 ERC's for sewer establishing additional contribution Icharges in the amount of $12,800.00 for the Merrill Gardens of Tamarac, Phase 11 Projec#. NOW, THEREFORE, BE IT RESOLVED BY THE CITY1 OOMMISSION OF THE CITY OF TAMARAG FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" confirmed as being true and correct and are hereby made a s SECTION 2: 01 are hereby ratified and part of this resolution. The appropriate City Officials are hereby authorized to accept and execute a First Amendment to the Water and Sewer Developer's Agreement (a copy of which is attached hereto as "Exhibit 2") with Merrill Gardens, L.L.C., adding one additional water meter requiring 4 ERC's of water and 4 ERC's of sewer and establishing additional contribution charges in the amount of $12,800.00, SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewi h are hereby repealed to the extent of such conflict. � LJ A Temp. Reso. #9753 April 5, 2002 3 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: passage and adoption. ATTEST: This Resolution shall become effective immediately upon its PASSED, ADOPTED, AND APPROVED this 22"d day of May, 2002. MARION S NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHELL'S. CITY ATTO1 JED/DTWmg la JVh ZSUHKEMILK MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AY& DIST 1: VIM. PORTNER Ay& DIST 2: COMM. MISHKIN e� DIST 3: COMM. SULTANOF 6 Qi DIST 4: COMM. ROBERTS A & r Lj EXHIBIT 1 TEMP. RESO, 9753 • W W W �► w W � w r •r W •WDDDMDNT w •r �► ,�, CpUNTRY CLUB ,1► 'v W w Vo �► w �+ W w W v > w W �► w � M w v► W w st 75* or 14 At.. PALM > PAL T CIR 73_ M W Irv. A b J v► •r WUPVT -g � y Z � w •A Iraz �i► W d► M► W rr ri► W �Y SANDS PDINT w w W .y � .r •r W w f r' � �:i i► W W W W W W 'j'' i� > v► �► �► CI W a a TRSS > ~ a TR56 > 78 CT X AVALONJ ref p� ESTATES L788T 'S !i! CTR _ a a1 t,► TR74 n19 • — r-+ .--o 0-0 0-0 0-0 000 owl* 01-0 \o I.RMW � or ow— w w 0--f POW Jo -ow �Pump 0--f Y0120 IN. Q qt TR75 73 sr 10, %f �• I 1i THE CENTRE F- WOODMONT all TAMARAC ELCM SCHOOL TAP�K C 74 ST PLAZA UNIV, UNIV TAMARAC MED, ARTS MED, MED CTR CTR UNIV, HOSPITAL Ski AND MED, CENTER 07�— •`D Q 71 C- 1 PARK C7 > THERAPEUTIC 71 ST Ar ef:A . MY �O WINN rqTm s > IDCATION S,SELL A76 sr �I 7. �-' GREEN] c� Li Z PICCADILLY 72 ST WOODMONT SQUARE l R f cu � —i .._.._r_• - - m i i� DixlE 1 ileiJl[ Pi AP E � *am 1 HIL. � To CT WOODMUNT ALL SAINTS LUTHE AN N4 LgMER. Ist U14I13N ALBERTSON RANK SHELL f- W WOODM13NT 0 �W COMMONS PLAZA iIVi�c S McNAB ROAD Gw BANK TEXACO y► W W �W00 W w W w •V LA W W TS. �Y W W �► w w W w � w CONCORD VILLAGE � �► w r, w W �► w r+ W i �r w �i► W �► �:► W W W i � + i�yDN � w �► w ��► W r �► w 1/E C{� W ♦ W RSAILLEs GARo�NS �► �► - - T TAMARAC I ' PLAZA UNIVERSITY COMMONS f- BELLE TERRE OF TAMARAC MERRILL„GAR-PH.2,DWG MERRILL GARDENS, PHASE II FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT