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