HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-133TR#12557
November 18, 2014
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014- ! 33
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 RM TAMARAC
PLAZA, LP, FOR THE TIDAN PLAZA PROJECT, LOCATED
AT 7501 N. UNIVERSITY DRIVE, REQUIRING AN
ADDITIONAL 8 ERC'S FOR WATER AND AN ADDITIONAL 8
ERC'S FOR SEWER; REQUIRING AN ADDITIONAL
PAYMENT OF $137600.00. FOR WATER AND $177600-00
FOR SEWER; REQUIRING A TOTAL ADDITIONAL
PAYMENT OF $311200.00 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, RM Tamarac Plaza, LP., is the current owner of the Tidan Plaza
Project, located at 7501 N. University Drive (attached hereto in map form as "Exhibit 1 ");
and
WHEREAS, a Water and Sewer Developer's Agreement currently exists reserving
61 ERC's for water and 63 ERC's for sewer to accommodate the "Big Lots" property now
known as Tidan Plaza, attached hereto as "Exhibit 3"; and
WHEREAS, RM Tamarac Plaza, LP., has offered a First Amendment to the Water
and Sewer Developer's Agreement to the City of Tamarac for the Tidan Plaza Project, as
required by Code Sections 10-121(d), 10-122(f) and 10-123(e); (attached hereto as "Exhibit
2"); and
WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement
requires the addition of 8 ERC's for water and 8 ERC's for sewer; requiring an additional
TR# 12557
November 18, 2014
Page 2 of 4
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 First
Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac
and RM Tamarac Plaza, LP., be approved and executed; and the payment of the CIAC
fees required for the Tidan Plaza Project be accepted; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the' citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to accept and execute a First Amendment to the Water and
Sewer Developer's Agreement with RM Tamarac Plaza, LP., for the Tidan Plaza Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
All exhibits attached hereto and referenced herein are incorporated and made a specific
part of this Resolution.
SECTION I
The appropriate City Officials are hereby authorized to accept
and execute a First 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 RM Tamarac Plaza, LP., for the Tidan Plaza Project, located at 7501 N.
University Drive.
TR# 12557
November 18, 2014
SECTION I
Page 3 of 4
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
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 L
passage and adoption.
This Resolution shall become effective immediately upon its
TR# 12557
November 18, 2014
Page 4 of 4
PASSED, ADOPTED AND APPROVED this /0 day of 4&14a ,
2014.
ATTEST:
..
k
PATRICIA TEUFE
CITY CLERK
RAY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
C MAYOR HARRY DRESSLER 6/j/.,
DIST 1: V/M BUSHNELL
DIST 2: COMM GOMEZ 1,4v�
DIST 3:
DIST 4:
I HEREBY CERTIFY THAT
I HAVE APPROVED THIS
RESOLUTION AS TO FORM
'AMUEL S. GOREN
CITY ATTORNEY
COMM GLASSEF'
COMM PLACKO
Temp. Reso. No. 12557
CITY OF -TAMARAC � Scale: N.T.S N
P(JBIIC WORKS DEPARTMENT N► Na'
ENGINEERING DMSION SHEET 1 OF 1
ss
S
FIRST AMENDMENT TO THE
WATER AND SEWER DEVELOPER'S AGREEMENT
TR#12557
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RMSIONS
TIDAN PLAZA
No.
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EXHIBIT >
CITY OF TAMARAC, BROWARO COUNTY, FLORIDA
SEC. 3, TWP. 49, RGE. 41
�,� �
�
� L Y PE
FL W.asset
10
Exhibit 2 TR#12557
FIRST AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: TIDAN PLAZA (Planet Fitness)
(Name of Development)
This AMENDMENT TO AGREEMENT, made and entered into and between the
City of Tamarac, 7525 Northwest 88th Avenue, Tamarac, Florida 33321, hereafter call
"CITY" and RM Tamarac Plaza, LP having an address at 8214 Westchester Drive, Suite
550 Dallas, TX 75225, hereinafter called "DEVELOPER"
WITNESSETH
WHEREAS, CITY and DEVELOPER entered into a Water and Sewer
Developer's Agreement for the property described in Exhibit "A" attached hereto and
made a part of on June 13, 2007 said agreement recorded as approved by the City of
Tamarac City Commission through Resolution No. R-2007-75 ("Developer's
Agreement") and;
WHEREAS, the parties desire to modify certain terms contained in that
Agreement.
WHEREAS, this First 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 61 ERC's to 69 ERC's for water and from 63 ERC's to 71
ERC's for sewer. This addition also establishes a new water meter schedule (attached
as Exhibit "D"). The new Contribution In Aid of Construction (CIAC) 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 (WATER)
EXISTING ERC ALLOCATION (WATER):
61 Non -Residential ERC's
1 Amendment to Water and Sewer
Developer's Agreement -Phase
FIRST AMENDMENT CONTRIBUTION:
8 Non -Residential ERC's @ & 1,700.00 per ERC = $ 13,600.00
CONTRIBUTION (SEWER►
EXISTING ERC ALLOCATION (SEWER):
63 Non -Residential ERC's
FIRST AMENDMENT CONTRIBUTION:
8 Non -Residential ERC's@ $2,200.00 per ERC = $ 17,600.00
FIRST AMENDMENT TOTAL CIAC FEE = $ 31,200.00
2. Part III (A) of the Developer's Agreement is amended to read as follows:
PART III. CITY'S OBLIGATION
A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS
When, at no cost to CITY, (1) the water distribution and sewage collection
systems have been satisfactorily installed, inspected, tested and approved and certified
in writing by the DEVELOPER's engineer, together with the Director of 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.
2 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: -
Patricia Teufel,
City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANTEE, A J
W
By •
Harry D
Mayor
ssl6r
City Manager
Date:
Approved s to form:
B
STATE OF FLORIDA bpCity
Samuel 5. Goren,SS Attorney
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesai an ir4he County aforesaid to take acknowledgments, personally appeared
�/?RAje�l'1 to me know to be the person(s) described in and
who executed the foregoing instrument and _ acknowledged before me and
under oath that h e_ executed the same.
WITNESS my hand and official seal this / 7 day of ,
20/4.
Nay 0 AW1018
MF , 60" Aw d. Bois
Commission t FF 135078
8onrb-d Through National Notary Assn.
(� Personally known to me, or
( )Produced identification
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stafnp,
or Type Co
mmissioned)
Na A-
Type of I.D. Produced
3 Amendment to Water and Sewer
Developer's Agreement -Phase
( )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:
By:
Type Name 3'V'vs
R to tv*4
STATE OF m
SS
COUNTY OF
OWNER
By:
Type Nan
President
RM TZ
rac Plaza, LP
rV\ ,
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 h,9 acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this IfTHday of
2a .
Andrea J McLeod
* My Commission Expires
`..a....'°' 11/29/201 5
{ Personally known to me, or
( )Produced Identification
( )DID take and oath, or
NOTARY
at La rg e
N
PUBLIC
M
Z
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
DID NOT take an oath.
4 Amendment to Water and Sewer
Developer's Agreement -Phase
4 ro s ry
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
By:
� was
STATE OF �3#'R+E)A :
SS
COUNTY OF,
MORTGAGEE (If Applicable)
By:
Type Name
Vc 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 hsr_ acknowledged
before me and under oath that executed the same.
WITNESS my hand and official sea( this 4M� day of De�c. ,
20�.
PATSY HODGE A"-4- Hft-z
Notary Public N OTA R P U B L l ,State of �� '�-�,��'
STATE OF TEXAS
My Comm. Exp. 0891/2018 at Large
� personally known to me, or
( )Produced Identification
)DID take and oath, or
�•1**p
(Name' of Notary Public:
or type as Commissioned)
Type of I. D. Produced
DID NOT take an oath.
Print, Stamp,
5 Amendment to Water and Sewer
Developer's Agreement -Phase
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, do hereby affirm that I am the
of and that I have executed a Water and
Sewer DEVELOPER's Agreement with the City of Tamarac for
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)
This _ day of
STATE OF FLORIDA
SS
COUNTY OF
, 20_.
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 ,
20
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
( )Personally known to me, or
( )Produced Identification
Type of I.D. Produced
( )DID take and oath, or ( )DID NOT take an oath.
6 Amendment to Water and Sewer
Developer's Agreement -Phase
FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPERS AGREEMENT
DEVELOPMENT: TIDAN PLAZA
EXISTING METER SCHEDULE
Commercial
NO. OF
METERS
METER
SIZE
# OF ERC's
WATER
CIAC FEES
SEWER
CIAC FEES
TOTAL
WATER
SEWER
$1700.00
$21200.00
7401
1
5/8"
1
1
N/A
N/A
1
7403
1
5/8"
1
1
N/A
N/A
1
7405
1
5/8"
1
1
N/A
N/A
1
7407
1
5/8"
1
1
N/A
N/A
1
7409
1
5/8"
1
1
N/A
N/A
1
7411
1
5/8"
1
1
N/A
N/A
1
7413
1
5/8"
1
1
N/A
N/A
1
7415
1
5/8"
1
1
N/A
N/A
1
7417
1
5/8"
1
1
N/A
N/A
1
7419
1
5/8"
1
1
N/A
N/A
1
7421
1
5/8"
1
1
N/A
N/A
1
7423
1
5/8"
1
1
N/A
N/A
1
7425
1
5/8"
1
1
N/A
N/A
1
7427
1
5/8"
1
1
N/A
N/A
1
7429
1
5/8"
1
1
N/A
N/A
1
7431
1
5/8"
1
1
N/A
N/A
1
7435
1
5/8"
1
1
N/A
N/A
1
7437
1
5/8"
1
1
N/A
N/A
1
7439
1
5/8"
1
1
N/A
N/A
1
7441
1
5/8"
1
1
N/A
N/A
1
7443
1
5/8"
1
1
N/A
N/A
1
7445
1
5/8"
1
1
N/A
N/A
1
7447
1
5/8"
1
1
N/A
N/A
1
7449
1
5/8"
1
1
N/A
N/A
1
7451
1
5/8"
1
1
N/A
N/A
1
7453 & 7455
1
5/8"
1
1
N/A
N/A
1
7457
1
5/8"
1
1
N/A
N/A
1
7461
1
5/8"
1
1
N/A
N/A
1
7463
1
5/8"
1
1
N/A
N/A
1
7471
1
1-1 /2"
5
5
N/A
N/A
5
7473
0
Vacant
0
0
N/A
N/A
0
7475
1
1 "
1
1
N/A
N/A
2.5
7501
1
1-1/2
5
5
N/A
N/A
5
7513
1
5/8"
1
1
N/A
N/A
1
7515
1
5/8"
1
1
N/A
N/A
1
5714
1
5/8"
1
1
N/A
N/A
1
5716
1
5/8"
1
1
N/A
N/A
1
5718
0
Vacant
0
0
N/A
N/A
0
5718
1
1-1/2
5
5
N/A
N/A
5
5718
0
Vacant
0
0
N/A
N/A
0
5718
0
Vacant
0
0
N/A
N/A
0
Denn 's
1
2"
8
8
N/A
N/A
8
Total:
41
6-
OF 0
UPGRADE METER SCHEDULE
DEVELOPMENT: TIDAN PLAZA
FIRST AMENDMENT METER SCHEDULE:
Commercial
NO. OF
METERS
METER
SIZE
# OF ERC's
INATER
CI
C FEES
SEWER
CIAC FEES
TOTAL
WATER
SEWER
$1700.00
$21200.00
Planet Fitness
1
2"
8
8
$
3,600.00
$17,600.00
$31,200.00
Total:
1
2"1
8
8
$
3, 600.00
$17,
600.00
$31,
2 00. 00
Planet Fitness has an existing 1" meter and is requestin
connection for a 2" meter.
TOTAL ERC's (WATER) 8 (SEWER) 8
TOTAL AMOUNT DUE FOR WATER: $13,600.00
TOTAL AMOUNT DUE FOR SEWER: $17,600.00
TOTAL ERC's OF AMENDMENT (WATER) 8 (SEWER) 8
TOTAL AMOUNT DUE: $31,200.00
TOTAL ERC's 69
C
��
an additional meter
IMPSTER(S) CONNECTED TO SEWER
RC EACH = 2 ERC's (SEWER)
(WATER) 71 ($EWER)
0
Amendment to Water and Sewer
Developer's Agreement
a
9 ,
•i
Exhibit 3
TR#12557
11
TAMARAC UTILITIES
WATER AND SEWER
DEVELOPER'S ACRE
T
FOR: BIG LOTS PLAZA (Laundr(
(Name of Development)
GENERAL LOCATION:7471 NW 5r' Street,Tamarac �lorida 3331
THIS AGREEMENT effective this day of
made and entered into by and between:
The CITY OF TAAAARAC, -at 7525
Florida 33321, a municipal corporation
called "CITY'
And
BIG LOTS PLAZA. LTD.
At 1975 E. Sunrise Boulevard. Sri
hereinafter called °DEVELOPER".
W
T
BIG LOTS PLAZA, L.TD.
At 1975E Sunrise Boulevard. Sui
hereinafter called "OWNER".
W I T N E S S E T
I 2C
thwest 88th Avenue, Tamarac,
the State of Florida, hereinafter
.
WHEREAS, CITY is the owner and operator of a water treatment plant, together
with water distribution and sewage. collection facilities inown as `TAMARAC UTILITIES
WATER AND SEWER SYSTEM°; and
WHEREAS,
DEVELOPER own
or controls
main real property in Broward
County, Florida as
shown and described
in Exhibit °A"
attached hereto and made a part
of hnrnMe �.,a
�u
rofe�o.,..oQ mfleo
in
thic
AGREE
ENT
to PROPERTY
shall
refer
VI IIvIGQIIt aIIWV ���c�YV ��• ••••� --- ---- --- -- --
specifically to DEVELOPER's PROPERTY described i Exhibit "A" attached; and
1
WATER 1
D SEWER developers agreement.doc
f
�
r
WHEREAS, DEVELOPER and OWNER
sewage disposal service or both from the CITY for
:sire to procure water service or
e 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 stip
are acknowledged to be subject to the approval c
Federal regulatory agency having jurisdiction if the
and
WHEREAS, CITY has received proof of pa
of Contribution -In -Aid -of -Construction charges t
attached as Exhibit "S"; and
WHEREAS, the City Commission has ap
authorized the proper city officials to execute this 4
regular City Commission meeting an J 110�, L3
ations and covenants made herein
every County, Regional, State and
lubject matter of this AGREEMENT;
nt by DEVELOPER of any portion
I to third parties, and which is
►ved this AGREEMENT and has
REEMENT by motion passed at a
_, 2007.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings
of CITY and DEVELOPER and other good and v uable considerations, these parties
covenant and agree with each other as follows:
PART 1. DEFIN
A. The term DEVELOPER shall refer
AGREEMENT who has an ownership interest in tf
simple? YES or X NO. If no, then the naturE
lessee. If DEVELOPER is not the OWNER,
AGREEMENT and agrees to be jointly and several)
DEVELOPER enumerated in this AGREEMENT.
NS
to the Contracting Party in this
e PROPERTY. Is that interest fee
of the interest is best described as
then the OWNER joins in this
liable for the responsibilities of the
B. The term EQUIVALENT RESIDENTIAL C NNECTION, referred to in this
AGREEMENT as ERC, is the assumed averaged ily flow of a detached single-family
residential unit.
C. The term PROPERTY, refers to the r al property described in Exhibit "A"
attached to and incorporated into this AGREEMEN .
D. The term GUARANTEED REVENUE refe
defray the cost to CITY of maintaining reserve
GUARANTEED REVENUE is equal to the applicabl
for water and sewer service.
*5 to a fee paid by DEVELOPER to
water and sewer systems. The
� monthly service availability charge
981208 2 WA
:R AND SEWER developers agreement.doc
•
PART II. DEVELOPER'S 0131LIGATIONS
A. INSTALLATIONS IN COMPLIAN
1. DEVELOPER, at his expense ai
design, construct and install all necessary water
lines, over, through, under, across and past the PR
specifications and engineering data as submitted by
approved by the appropriate governmental regulatc
Utilities, or his/her authorized representative; and ;
collection lines shall be installed and connected to C
sewage collection lines, all of which work shall be pa
'SPECIFICATION
id at no expense to the CITY, shall
distribution and sewage collection
OPERTY in accordance with plans,
a Florida registered engineer to be
iry agencies and by the Director of
paid water distribution and sewage
ITY's existing water distribution and
id for by the DEVELOPER.
2. All installations shall be install d at DEVELOPER's expense and
shall include, without limitation, all gravity flow main ,force mains, pump stations and lift
stations required for the famishing of service to the PROPERTY. At the time of
submission of the plans, specifications and engirn
Director of Utilities, IF THIS AGREEMENT I;
DEVELOPER, may pay to CITY a Plan Review F
only). Said Plan Review Fee is to compensate C11
plans, specifications and engineering data review
authorized representative.
eying data by DEVELOPER to the
FOR (10) OR MORE ERC'S,
e of $750-00 (to be paid one time
for CITY's expense in having said
J by the Director of Utilities or his
3. Meter shall be INSTALLED BY IN. No meter shall be removed,
moved, bypassed, or altered in any way except by # e CITY. Violation of this paragraph
may result in a penalty of up to $500.00, declare ion of this AGREEMENT to be in
default, or both. The imposition of a penalty shall b at the sole discretion of the CITY's
City Manager or his/her designee.
4. Non -metered use of City water
may result in a penalty of up to $500.00, declarai
default, or both. The imposition of a penalty shall be
City Manager or his/her designee.
B. INSPECTION AND SUPER
DEVELOPER shall, at his expense, an
the services of a registered professional engine
necessary inspection and supervision of the �
construction is at all times in compliance with acce
and in compliance with the approved plans and
notify CITY in writing of such appointment. A c
submitted to the Director of Utilities' authorized repr
or reason for the DEVELOPER to engage the servi
than the design engineer) for inspections, then C
within five (5) days of such engagement.
or use of water from fire hydrants
.ion of this AGREEMENT to be in
at the sole discretion of the CITY's
ELOPER'S ENG1
� at no expense to the CITY, retain
:r for the purposes of providing
onstruction work to insure that
)ted sanitary engineering practices
pecifications. DEVELOPER shall
spy of each field report shall be
;sentative. Should there be cause
:es of a registered engineer (other
2VELOPER shall notify the CITY
981208 3 WAYEI
AND SEWER developers agreement.doc
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The DEVELOPER's Engineer of
of all construction.
C. PRECONSTRUCTION MEETING
Ord shall prepare "As -Built" drawings
DEVELOPER and its Contractor shall arrange for and hold a
reconstruction meeting with the Director Utilities or his/her authorized
p g
representative. Notification of said meeting shall b 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
Y
Permit, payment ment of engineering fees and bonding based on a Certified Cost Estimate,
prepared ared by DEVELOPER's registered engine r, shall be required prior to any
construction.
D. WRITTEN APPROV,
THE DIRECTOR OF UTI
The work to be performed by
AGREEMENT shall not commence until all plans
to be performed are approved in writing by the
representative. Approved plans and permits must
E. ENGINEERS PRESENT AT
During construction and at the tii
required, the Director of Utilities or his/her author
and DEVELOPER's engineer shall be present
determination of conformance to approved pie
Engineering Inspector shall be on site at all times c
EVELOPER, as provided in this
ind specifications covering the work
lirector of Utilities or his authorized
e on site at all times.
ne when periodic inspections are
ized representative shall be present
to observe_. and witness tests for
ns and specification. The City's
uring sanitary sewer installation, and
notified before any water lines are installed. Any work performed beyond the City of
Tamarac Inspector's normal working hours 7:30
Friday) must be inspected. The cost of inspectio
beyond normal working hours will be paid by the D
rate in effect at the time of inspection. The CITY
the contractor, developer and/or owner for the cost
personnel that are requested or required to occur
hours.
F. COMPLIANCE WITH APP
The work to be performed by* DEVEL
forth herein, shall be in accordance with all regL
which have jurisdiction over the subject matter
applicable Federal and State Statutes, County and
of this paragraph shall govern, regardless of any
plans or specifications,
�.m. to 4:00 p.m., (Monday through
i conducted by the CITY Inspectors
:VELOPER including overtime at the
reserves the right to directly invoice
9 of inspections by Utility Department
outside normal work days and work
DPER, pursuant to the provisions set
irements of the regulatory agencies
of this AGREEMENT as well as all
CITY ordinances. The requirements
errors or omissions in the approved
981208 4 WX
R AND SEWER developers agreement.doc
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G. AS -BUILT DRAWINGS
DEVELOPER shall, at its own expen e and at no expense to the CITY,
furnish to the CITY one (1) complete set of AutoC D compatible files on disk, one (1)
complete set of reproducible mylar and two sets of prints of As -Built drawings prepared
by a Florida registered engineer who designed the ater distribution and sewer systems
or by any other engineer retained by the DEVELOP R. The As -Built drawings shall be
approved by the Director of Utilities' authorized rep esentative. As -Built drawings shall
be certified and sealed by the DEVELOPER's engin
as to all mains, services and appurtenances bel
distribution and sewage collection systems and sen
As -Built drawings shall also be sealed by a Florida
locations of all surface features of these systems,
are part or adjacent to the property and shall inclu
constructed in conjunction with the water and sewac
H.
ter showing all pertinent information
inging to, and affecting the water
ice lines as constructed in the field.
-egistered surveyor as to the actual
:asements and right of ways which
le all paving and drainage facilities
DO facilities.
The contribution charges (both wat r and sewer) shall be calculated
according to rates set by Resolution of the City Co m-n fission.
The contribution charge shall
DEVELOPER's representation on the approved fin
copy of said plan shall be reduced to 8'/z" x 11 ° an
Exhibit "C". Exhibit "D" is attached to this AGREE
of buildings to be built, number of residential, non-
ERC's per building and the number of meters an
engineer of record will also supply to the CITY, met
meters based on the South Florida Building Code
sizes.
Payment of the contribution charges is a conditio
AGREEMENT. The payment of the contribution c
with the applicable sections of the City Code.
The contribution charges applicable for this AGREE
NTRI
a computed based upon the
fl site plan for the PROPERTY. A
i attached to this AGREEMENT as
IENT and shall indicate the number
esidential and accessory units and
meter sizes. The DEVELOPER's
:r calculations on all non-residential
tables 461, 46J and 46Q for meter
i precedent to the execution of this
urges shall be made in accordance
ENT are summarized as follows:
Residential # 0 Units X 0 ERC's Per Unit @ $1,700. 0 Per ERC
Non -Residential # 2_5 ERC's @ $1,700.00 Per ER
Total ERC's 2.5 (WATER) Total Contribution $ $4,250.00
981208 5 WATOR AND SEWER developers agreement -doe
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1
J
IBUTION
Residential # 0 Units X 0 ERC's Per Unit @ $2,200.1
own
Non -Residential # 2_5 ERC's @ 2 20 .00 Per ERC
Total ERC's 2_5 (SEWER) Total Contribution $ �5 5
I. GUARANTEED REVEI
1. DEVELOPER shall pay to the
when due, at the. rates* in effect when due,
GUARANTEED REVENUE is equal to the minimum
and sewer service. GUARANTEED REVENUES are
Per ERC
ity, GUARANTEED REVENUES
amended from time to time.
;rvice availability charge for water
ue and payable monthly.
2. The payment of GUARANTEE REVENUES required by this
AGREEMENT shall commence six (6) months after t e payment of CIAC Fees. Plat for
the property been recorded with Broward Coun X YES NO. If NO, then
GUARANTEED REVENUES commence one (1) ye r after the effective date of this
AGREEMENT. GUARANTEED REVENUES sha I be due for all UNITS/ERC'S
assigned to the PROPERTY unless otherwise specified by this AGREEMENT.
3. GUARANTEED REVENUE, if ini fated shall no longer accrue for a
unit when metered water and sewer service is esta lished 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 re enue (income).
5. In accordance with Section 22-190 (b) of the Tamarac City Code,
there are sanctions or penalties that the City can exercise as a result of unpaid
guaranteed revenues, including interest penalties at a rate established by resolution of
the City Commission.
6. Unpaid Guaranteed Revenues
as established by City Commission.
J.
NECESSARY
subject to annual interest rates
R
In addition to all other obligations of this AGREEMENT, DEVELOPER
may be required by the CITY to make modification to the CITY'S water and sewage
systems because of the development's impact on t e systems. The modifications are
set forth in Exhibit "E" and they shall be perforrr ied by DEVELOPER prior to the
issuance of the first Certificate of Occupancy, unless provided in this AGREEMENT.
981208 6 WA
IL AND SEWER developers agreement.doc
7 • / r
► r
K. DELINQUENT PAYMENTS, DEFAULT. NOTICE
F DEFAULT
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 c
act required by this AGREEMENT is not timely acc
this AGREEMENT is done, then this AGREEMENZ
and the grounds, for default shall be sent to the D1
in Part VI of this AGREEMENT.
L. SANCTIONS AND PENALTIES
Should DEVELOPER be in default
the CITY shall have the right to exercise one
penalties:
1. Any reserved plant capacity
rescinded and forfeited.
2. The site plan for the PROPE
City Commission.
3.
4.
the PROPERTY.
No final inspections shall be a
f GUARANTEED REVENUES, if any
amplished or if any act prohibited by
shall be in default. Notice of default
:VELOPER by the CITY as provided
this AGREEMENT, it is agreed that
more of the following sanctions or
under this AGREEMENT may be
is voidable by Resolution of the
roved by CITY.
No Certificate of Occupancy sl�iall be issued by CITY for any unit on
5. There shall be an interest I
allowed by Florida State Law on any payments d
are not paid. The penalty, when applicable, shall
as provided in this AGREEMENT,
enalty equal to the maximum rate
ie to CITY from DEVELOPER which
accrue from the due date of payment
6.
The
CITY shall
be entitled to li�n
the PROPERTY and foreclose the
lien in satisfaction
of any
payments
due
under
this
GREEMENT.
7. CITY shall be entitled to an
exercise any remedy shall not constitute a waiver
981208 7 WA1
other remedy at law and failure to
f said remedy.
R AND SEWER developers egreement.doc
M. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF DEVELOPER
Prior to acceptance of the work requi
without cost to CITY:
1. Convey to CITY and its succ
sufficient exclusive easement deed, in a form sat!
easement and privilege to operate, maintain, rep
mains, pipes, connections, pumps and meters
DEVELOPER's PROPERTY in connection with su
the inhabitants, occupants and customers in DEVI
from each mortgage and lienor a release of mort
easement and fixtures thereon for so long as the i
maintenance, repair or replacement of water and
pumps and meters within the easements. Easeme
for sewer and 15' wide for water.
2. Transfer to CITY by BILL OF
right, title and interest in and to all of the water ai
connections, pipes, valves, meters and equipme
easements and right-of-way within the PROPERT
for the purpose of supplying water distribution and
PROPERTY.
3.
to be done, DEVELOPER shall,
sssors and assigns, by good and
;factory to CITY, a perpetual right,
sir or replace all water and sewer
within granted easements upon
plying water and sewer service to
LOPER's PROPERTY and secure
3agees' and lienors' interest in the
:asement is used for the operation,
sewer mains, pipes, connections,
nts shall be a minimum of 20' wide
4LE ABSOLUTE all DEVELOPER's
sewer supply lines, mains, pumps,
installed up to and within granted
and off -site improvements installed
swage collection for DEVELOPER's
Furnish CITY with an AFFIDAVIT that all persons, firms or
corporations who furnished labor or materials
prosecution of the work required to be performed by
or in the event of a dispute between the D
subcontractor, furnish CITY with a BOND in the
acceptable to the CITY.
4. Furnish CITY with a satisfactor
amount of twenty-five percent (25%) of the cost of 1
CITY, guaranteeing all work installed pursuant to tl
materials, equipment or construction for a period of
of acceptance of same by CITY.
used directly or indirectly in the
this AGREEMENT have been paid,
WELOPER and a contractor or,
amount in dispute and in a form
surety bond or letter of credit in the
he work, in a form acceptable to the
pis AGREEMENT against defects in
not less than one (1) year from date
5.
Furnish
CITY with T.V.
inspecti
nand air test
of the
sanitary sewer
collection
system
performed
one (1)
month
before 1
year warranty
period
expires.
6. Install cleanout on consumer's
current Utility Standard Detail.
sanitary service in accordance with
WATER AND SEWER developers agreement.doc
A. CITY'S nnaI
PART III. CITYS OBLIGATION
When, at no cost to CITY, (1) the wale
systems have been satisfactorily installed, inspectec
in writing by the DEVELOPER's engineer, togethi
his/her authorized representative; and (2) when
conditions of this AGREEMENT, then CITY sh
distribution system and sewage collection system u
upon DEVELOPER's PROPERTY. However, the C
maintenance of the sewer collection system from ma
cleanout of the service lateral within the granted e
responsible for the maintenance of the water distribL
fireline service within the granted easements. Th
r�
r distribution and sewage collection
tested and approved and certified
3r with the Director of Utilities, or
DEVELOPER has satisfied the
all thereafter maintain the water
p to and within granted easements
ITY will only be responsible for the
Whole to manhole and up to the first
sernents and the CITY will only be
lion up to the meter, fire hydrant, or
s obligation of the CITY to famish
water anaror
sewer service
otner tnan const
lion
water
snap not
arise
untn
DEVELOPER
has completed
the
conditions
cants
ned
in this
paragraph.
The
CITY
shall reserve 2_5 ERC's of water service and 2;_6 ERC's of sewage treatment plant
capacity for DEVELOPER.
B. SERVICE CONDITI
The CITY has entered into a "Lar
County, (the "COUNTY"), in which the COUNTY
treatment capacity available at its regional waste'
User Agreement' with Broward
is agreed to make future sewage
ter treatment plant. In the event
CITY cannot provide sufficient capacity, as a res It of COUNTY's action, the CITY's
sole obligation shall be to refund DEVELOPER's ntribution charges as described in
this AGREEMENT, for those units for which CI is unable to provide capacity,
provided that DEVELOPER is not in default of this AGREEMENT,
C. IMPOSSI
In the event that the CITY cannot prc
the actions of any regulatory agency, then the CIT
DEVELOPER's contribution charges as described i
for which CITY is unable to provide capacity, pry
default of this AGREEMENT.
PART IV, MUTUAL C01
It is mutually agreed by and between the pa
the beginning of this AGREEMENT are true and
mutually covenanted and agreed, as follows:
E
ide sufficient service as a result of
s sole obligation shall be to refund
this AGREEMENT, for those units
vided that DEVELOPER is not in
NANTS
es that the preambles contained at
irrect and in addition to them, it is
981208 9 WA
R AND SEWER developers agreement.doc
on
A. ASSIGNMENT OF THIS AGREEMEN
In addition to binding DEVELOPER, e provisions of this AGREEMENT
shall run with the land and be binding upon and in ire to the benefits of successors in
title to the PROJECT after this AGREEMENT has teen recorded in the Public Records
of Broward County, Florida. However, any other assignment or transfer of
DEVELOPER's rights and obligations is prohibited unless:
1. Assignment shall be done in
AGREEMENT.
2. CITY shall be a party of said
approval of assignment unreasonably.
3. DEVELOPER shall remain prim
conditions of this AGREEMENT unless assignme
section. CITY agrees to execute a "satisfaction by
AGREEMENT is properly assigned.
DEVELOPER agrees to make full disc
any part of the PROPERTY encompassed by thi:
hereof, and with particular reference to the GUAI
Section I of Part II herein.
B. REPEAL(
All prior Developer Agreements or Ag
water and sewer affecting the PROPERTY are hE
force and effect upon that PROPERTY whic
AGREEMENT.
PART V. MUTUAL ADDITION
PARTICULARLY FOR FUTURE CONSUMERS
DEVELOPER
It is mutually covenanted and agreed by and
A. EXCLUSIVE RIGHTS OF CITY
CITY shall have the exclusive right
collection service to consumers within the PROPS
10 WA
in the same formality as this
assignment and shall not withhold
arily liable to CITY for the terms and
it is made in compliance with this
assignment" for DEVELOPER if this
sure t9 any party purchasing all or
AGREEMENT as to all the terms
ANTEED REVENUES set forth in
;menu pertaining to the supply of
by cancelled and declared of no
is the subject matter of this
COVENANTS
D ASSIGNEES AS WELL AS
etween the parties as follows:
famish water service and sewage
Y covered by this AGREEMENT.
AND SEWER developers agreernent.doc
T
,
B. WELLS PROHIBITED EXCEPT FOR
DEVELOPER, his successors any
occupants of buildings on DEVELOPER's PROPE
water wells except for irrigation purposes.
C.
PROMI
aATION (
ABLE
CITY shall have the right to promulgai
and regulations relating to the furnishing of water si
to consumers within the PROPERTY encompasses
and regulations may relate to, but are not limited
charges and the right to discontinue services unde
sewer rates to be charged by CITY to said cu;
hereafter charged to other customers within tt
UTILITIES WATER AND SEWER SYSTEM. DEV
agrees that the rates are subject to change at any ti
D.
CITY NOT LIABLE FOI
IGATION
assigns, and the owners and
►TY shall not install or maintain any
LES OF SERVICES
e from time to time reasonable rules
;rvice and sewage collection service
! by this AGREEMENT. Such rules
to, rates, deposits and connection
r certain conditions. The water and
,tomers shall be the rates now or
ie area of service of TAMARAC
ELOPER hereby acknowledges and
me by CITY.
)EVELOPEq'S OR CONSUM
'S PROPERTY
CITY shall not be liable or responsiblEll for maintenance or operation of any
pipes, Pp
i , pipelines, valves, fixtures or equipment on any of the properties of the customers,
consumers or users on DEVELOPER's PROPE TY other than the water main and
water service lines from the water main to the we er meter) and the sewage collection
system within ranted easements to CITY pursuan to this AGREEMENT.
Y 9
E. SYSTEMS ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD
WORKING CONDITION
Each consumer of water service or sewage collection service on
DEVELOPER's PROPERTY shall keep all w ter pipes, service lines including
cleanoutss connections and necessary fixtures and equipment on the premises
occupied b said consumer, and within the interior lines of the lot occupied by the
p Y
consumer in good order and condition. The sale o water by CITY to the consumer shall
occur at the consumer's side of the meter but the bligation for the maintenance of the
lines shall be as set forth above and in applicable ITY regulations.
F. EFFECTIVE DATE
Unless otherwise specified in this A REEMENT, 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.
981208 WATER AND SEWER developers agreement.doc
1
G. OV
V SINGLE F/
It is assumed that a single family
serviced by a 5/8-inch water meter. If a larger wi
(whether DEVELOPER, Assignee or Homeol
contribution charges which much be paid at thi
application for larger meter for additional ERC's, to
H. CONDITIONS ON FIRE HYD
MES
home on the PROPERTY will be
er meter is needed, then the owner
,ner) will be charged additional
rate prevailing at the time of the
accommodate the larger meter.
NT USE
No water from CITY's water distributic
by DEVELOPER or his agents, through fire hydrae
firm, corporation or agency, public or private, unli
approved the use and the connection, and the
provisions for compensating CITY for such water.
I. DISCLAIMER
Any temporary cessations or interrup
sewer service to the PROPERTY described herei
God, fires, strikes, casualties, accidents, power fa
breakdowns, damage to equipment or mains, civ
cause beyond the control of the CITY shall not c
contained herein nor impose liability upon th(
successors and assigns.
J. SEVERABILITY
If any section, subsection, senten
AGREEMENT is for any reason held invalid
competent jurisdiction such portion shall be
independent provision and such holding shall n
portions hereof.
K. RECORDING OF AGREEMENT
This AGREEMENT shall be - recordi
Records of Broward County, Florida, for the partict
occupants of properties in DEVELOPER's PROPEF
to said water and sewer systems of CITY upon r
provisions herein contained to the same extent anc
said owners and occupants had joined with the
execution thereof; and the acquisition or oc
DEVELOPER's PROPERTY connected to or to b
sewer systems of CITY shall be deemed conclusii
n system shall be used or disbursed
z or water mains, or by any person,
)ss the Director of Utilities has first
re has first been made adequate
Lions of the furnishings of water and
i at any time caused by and Act of
lures, necessary maintenance work,
I or military authority, riots or other
Destitute a breach of the provisions
CITY by the DEVELOPER, his
;, clause, phrase or portion of this
r unconstitutional by any court of
Deemed a separate, distinct and
affect the validity of the remaining
%d by the CITY among the Public
filar purpose of placing all owners or
tTY connected to or to be connected
otice of each and every one of the
with the same force and effect as if
3arties to this AGREEMENT in the
cupancy of real PROPERTY in
e connected to the said water and
►e evidence of the fact that the said
12 WA?f ER AND SEWER developers agreement.doc
I
. I
7
�
owners or occupants have consented to and
contained and have become bound thereby.
L. HOLD HARMLESS PROVISION
accepted the AGREEMENT herein
It is mutually agreed that the CITY shall be held harmless from any and all
liability for damages if CITY's obligations under this AGREEMENT cannot be fulfilled as
a result of any ruling or order by any other Bove mental or regulatory agency having
jurisdiction over the subject matter hereof; and in ouch 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.
M. CONTROL OF CROSS CONNECTIONS AND BACK -FLOW
1. The purpose of this Section 1
against actual or potential cross -connections an+
premises or Private Property contamination or poly
because of some undiscovered or unauthorized c
Private Property.
2. POLICY
a. No water service tonne
by the CITY unless the
Approved back -flow pi
Florida Administrative
regulations, and this Sep
to protect the public water main
back -flow by isolating within the
on that has occurred or may occur
►ss-connection on the premises or
Lion shall be installed or maintained
ublic water main is protected by an
vention assembly as required by
Code 17-22, applicable DEP
ion.
b. Any back -flow preventia i assembly required herein shall be
of a model type, and size approved by the Director of utilities
for the City of Tama ac, or his/her 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 ny premises shall be denied or
discontinued by the CIT 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 bypassed.
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 install ion of the meter.
981208
13 WATER AND SEWER developers agreement.doc
e. All services, other that
protected by an app
assembly or double the
the Director of Utilities
water usage within the F
f. Reduced pressure
assemblies shall be p
in accordance with
Detail Sheet, which
Department, prior to
meter.
9-
i single-family residences, shall be
roved reduced pressure principle
;,k valve assembly, as determined by
or his designee, based on planned
remises.
principle and double check valve
-o ured and installed by DEVELOPER,
the Standard Back -Flow Prevention
is available at the Tamarac Utilities
the installation of the water service
Prior to connection of water service, the back -flow
prevention assembly ust be inspected and tested by a
certified tester. If at t e time of testing, the assembly is
found to be malfunction ng, the DEVELOPER will be notified
by the CITY and water, ervice will not be provided until such
time as the back -flow prevention assembly does pass
inspection.
h. Annual (or at intervals
his/her designee) in.
prevention assembly
back -flow tester. DE'
performed (with results
State certified back-flo%
The DEVELOPER/OWI
that proper plumbing p
paid.
N. WELLFIELD PROTECTION
DEVELOPER acknowledges that pr
not) within a Broward County protected well field z
Ordinance 84-60 or within an existing or propo
determined by Tamarac Director of Utilities. If pro
DEVELOPER agrees to limit uses of property to the
County Ordinance 84-60 or as it may be amended.
O. PROHIBITED HAZARDOUS MATER
DEVELOPER acknowledges that
Tamarac have ordinances that prohibit dischai
sanitary sewer system. (Broward County Ordinan
52). DEVELOPER agrees not to discharge hazar
determined by Director of Utilities or
pections and tests of back -flow
gall be performed by state certified
'ELOPER/OWNER must have tests
submitted to Director of Utilities) by a
tester at Developer/Owner expense.
DER will be responsible for insuring
3rmits have been obtained and fees
perty described in Exhibit "A" (is/is
►ne of influence per Broward County
ed well field zone of influence as
erty is within said zone of influence,
se uses that are allowed by Broward
Broward County and the City of
le of hazardous materials into the
e 86-61 and Tamarac Ordinance 85-
ous materials into the sanitary sewer
981208 14 WA
R AND SEWER developers agreement.doc
system as defined by Broward County Ordinance
or as they may be amended.
P. VENUE
This agreement shall be governed
now and hereinafter in force. The venue for a
fixed in Broward County, Florida.
6-61 and Tamarac ordinance 85-52
b� the laws of the State of Florida as
;ti ns arising out of the Agreement is
PART V1, NOTICE
Whenever either party desires to give noti a to the other, it shall be given by
written notice, sent by prepaid certified United Stat s 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 hall have been changed by written
notice in compliance with the provisions of this pa agraph. For the present, the parties
designate the following as the respective places fo the giving of notice:
FOR THE
City Manager
7525 Northwest 88t" Avenue
Tamarac, Florida 33321
Notice so
requested, shall
States mail.
EVELOPEI
H. Kelly Mehta
1 75 E. Sunrise Blvd., #626
Ft Lauderdale, Florida 33304
addressed
and
sent by
prepaid
certified mail, with
return
receipt
be deemed
given
when
it
shall
have
been so deposited
in the
United
PART VII, ADDITIONAL PROVISIONS
A. EXHIBITS
The following exhibits are attached
incorporated into this Agreement:
EXHIBIT "A" -
EXHIBIT "B" -
Legal Descriptio
by 11 inch page
Receipt from th
charge:
Applicable
as part of this Agreement and are
and Legal Sketch on an 8-1/2 inch
the PROPERTY,
rd party for a portion of contribution
Not Applicable X
15
WATER AND SEWER developers agreement.doc
Y
EXHIBIT "C" - A sketch of the site plan of the PROPERTY reduced
to 8-1/2 inch by 11-inch page size. N/A
EXHIBIT "D" - A listing for the PROPERTY indicating the number of
ERC's allocated to each building, the number of
meters per buildi g, the meter size(s) and a payment
schedule of phas ng (if applicable).
EXHIBIT "E" - Modification of ITY's water or sewer facilities if
required by the Director of Utilities, if applicable.
Applicable _�_ Not Applicable X
981208 16 WAFER AND SEWER developers agreement.doc
IN WITNESS WHEREOF, the parties hereto
executed on the day and year indicated below:
.ATTEST.
X
Marion Swenson' CIVIC
City Clerk
STATE OF FLORIDA
ACi
GR,
By:
C
ave caused these presents to be
EPTED BY CITY OF TAMARAC
rsezn riansuaum- i aiamicv
Mayor
T Lit()7
X,�fu Gr.Nw
Jeffrey L. Miller
City Manager
Date:�
Approved
. SS
COUNTY OF fDWajr
HEREBY CERTIFY that on this day, before me,
01
aforesaid and in the County aforesa�i� to take ackn
86h� PI'tt�"me known ti
who executed the foregoing i strument and 4-6&
under oath that , eexecuted the same.4
WITNESS my hand and official sea! this
20Qa.
(✓)Personally known to me, or
( )Produced identification
01 Go/fin"
terim City Attorney
i officer duly authorized in the State
vledgments, personally appeared
be the person(s) described in and
_ acknowledged before me and
day of �6
NO ARY PUBLIC, Statelof Florida
at L rge
�, .,, s«a"
ON
;V40�my ca"M0*0
�;,� za.soor
(Na a of Notary Public: Print, Stamp,
or ype as Commissioned)
Type of I.D. Produced
DID take an oath, or (+i) DID NOT take an oat
Y
981208 17 WA*R AND SEWER developers agreement.doc
r
,
•
r
1
�
IN WITNESS WHEREOF,. Developer has hereu
and year first above written.
ATTEST
By:
TYI
Co
�'oc;lk se-,-s'"
rate Secretary
(Corporate Seal)
STATE OF FLO IDA
SS
COUNTY OF M 0l�'1�
to set his hand and seal on the day
DEVELOPE
Ty e Name
Pr silent
I HEREBY CERTIFY that on this day, befog
State afore 'd an in thoCounty aforesaid ti
appeared • , � Cyto
described in and wh executed the foregoing instn
before me and under oath that A/ execut
WITNESS my hand and official seal this
20DI.
(V) Personalty known to me, or
( )Produced Identification
( )DID take an oath, or
Big %4''"P
-f• .
eke YUVQ /
za, L.T.D.
3. me, an officer duly authorized in the
i take acknowledgments, personally
me known to be the person(s)
invent and he
I the same. �
day of .0, 1 U
NOTARY PUBLIC, State of Florida
at Large .,,�'`': MARME RED
sr MY COMMISSION # DD 599001
EXPIRES: October 20, 2010
• •••• BorWed'mm NoW Publie Undembm
(Neme of N ,
or type as Commissioned)
Tv6e of I.D. Produced
DID NOT take an oath.
981208 18 WA f ER AND SEINER developers agreement.doc
IN WITNESS WHEREOF, Developer has hereun
and year first above written.
(Q
Witness
Type Name
Witness
Type Name
T
STATE 4F FLORIDA
SS
COUNTY OF
set his hand and seal on the day
LOPER)
Name/Title
Name/Title
I HEREBY CERTIFY that on this day, bef re 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 ,
20
( )Personally known to me, or
( )Produced Identification
( )DID take an oath, or
NOTARY PUBLIC, State of Florida
at Large
9
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
TvDe of I.D. Produced
DID NOT take an oath.
19 Laundry Holdings Water Agreement.doc
Y
�
IN WITNESS WHEREOF, Mortgagee has
and year first above written.
ATTEST:
Type Name
Corporate Secretary
hereunto set his hand and seal on the day
MORTGAGEE:
LASALLE SANK NATIONAL ASSOCIATION as
trustee for the registered holders of J.P. Morgan
Chase Commercial Mortgage Securities Trust
2006-Cl BC15, Commercial Mortgage Pass -
Through Certificates, Series 2005-CIBC15.
Fly: WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Master Servicer under the
Pooling and Servicing Agreement, dated as of
June 20, 2006 by and among J.P. Morgan
Chase Commercial Mortgage Securities Corp.,
Wells Fargo Bank, National Association, J.E.
Robert Company, Inc. and LaSalle Bank
National Association.
By:
Name:
Its:
Type Name %3arW&h
Vic0 President
ACKNOWLEDGEMENT
State of California
)ss
County of Contra Costa )
On May 11, 2007 before me, Paula S. Norris, Notary Public, personally appeared Sarah J. Burns,
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized capacity, and that by her signature on
the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
20
Page 20 of WSDA-form.doc
= so
�
s
t
�
v
�
)AVIT SHALL BE COM
APPLICABLE
,EYED WHEN MORTGAGEE SIGNATURE IS
I, do hereby affirm that I am the
Of and that I have executed a Water and
Sewer DEVELOPEFt's Agreement with the City of Tamarac for
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)
This day of , 20
STATE OF FLORIDA
SS
COUNTY OF
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
20
)Personally known to me, or
)Produced Identification
( ) DID take and oath, or ( )DID NO
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
T take an oath.
981208 21 w
Laundry Holdings Water Rgreement.doc
I
I
.
s
,
u
IN WITNESS WHEREOF,
year first above written.
ATTEST:
By:
Type Name
Corporate S
Owner has hereunto set his hand and seal on the day and
� cJc So(e/-
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF . fOW"'N SS
OWNER
By:
Type Name f'r%ke.- YV Vc?
President
HEREBY CERTIFY that on this day, before me. an Officer duly authorized in
the State aforesai(I,and in the County aforesaid to take acknowledgments, personally
appeared to me known to be the person(s)
described in and whoQqxecuted the foVegoing instrument and 4� acknowledged
before me and under oath that executed IT
e same.
WITNESS my hand and offic' I seal this �1 day of r��
20 or) Y
/Ir:
ersonal) known to me or
� Y
( )Produced Identification
�? 1
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Co ,a,
MY GOMNIlBSION # by 599001
EXPIRES: O*W 20, 2010
A � 9mded1bw Noisy Plb10 undwAftW
Type of I.D. Produced
( ) DID take an oath, or ( )DID NOT take an oath.
981208 22 Laundry Holdings Water Agreement.doc
1 1 �
1 • 1
1 1
4
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first above written.
(OWNER)
Witness
Type Name
Witness
Type Name
STATE OF FLORIDA
SS
COUNTY OF
Type Name/Titie
Type Name/Title
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 ,
20
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
( )Personally known to me, or
( )Produced Identification
Type of I.D. Produced
( )DID take and oath, or ( )DID NOT take an oath.
23 Laundry Holdings Water Agreement.doc
t
�
DEVELOPMENT: BIG LOTS PLAZA
Commercial
NO. OF
METERS
METER
SIZE
# OF ERC's
WATER
CIAO FEES
SEINER
CIAO FEES
TOTAL
WATER
SEWER
$1700.00
$2,200.00
7401
1
5/8"
1
1
NIA
NIA
0
7403
1
5/8"
1
1
NIA
N/A
0
7405
1
5/8"
1
1
NIA
N/A
0
7407
1
5/8"
1
1
NIA
N/A
0
7409
1
5/8"
1
1
NIA
N/A
0
7411
1
5/$"
1
1
NIA
N/A
0
7413
1
5/8"
1
1
NIA
N/A
0
7415
1
5/8"
1
1
N/A
N/A
0
7417
1
5/8"
1
1
N/A
N/A
0
7419
1
5/8"
1
1
NIA
N/A
0
7421
1
5/8"
1
1
N/A
N/A
0
7423
1
5/8''
1
1
N/A
N/A
0
7425
1
5/8"
1
1
N/A
NIA
0
7427
1
5/8"
1
1
N/A
N/A
0
7429
1
5/8"
1
1
NIA
N/A
0
7431
1
5/8"
1
1
NIA
N/A
0
7435
1
518"
1
1
NIA
N/A
0
7437
1
5/8"
1
1
N/A
N/A
0
7439
1
5/8''
1
1
N/A
NIA
0
7441
1
5/8"
1
1
N/A
NIA
0
7443
1
5/8"
1
1
N/A
N/A
0
7445
1
5/8"
1
1
NIA
N/A
0
7447
1
5/8"
1
1
NIA
NIA
0
7449
1
5/8"
1
1
N/A
N/A
0
7451
1
5/8"
1
1
N/A
N/A
0
7453 & 7455
1
5/8"
1
1
N/A
NIA
0
7457
1
5/8"
1
1 1
N/A
N/A
0
7461
1
5/8"
1
1
N/A
N/A
0
7463
1
5/8"
1
1
N/A
NIA
0
7471
1
1"
1
1
NIA
N/A
0
7473
1
Vacant
0
0
N/A
N/A
0
7475
1
5/8"
1
1
N/A
N/A
0
7501
1
1-1 /2"
5
5
N/A
N/A
0
7613
1
5/8"
1
1
N/A
N/A
0
7515.
1
6/8"
1
1
N/A
N/A
0
5714
1
5/8"
1
1
N/A
N/A
0
5716
1
5/8"
1
1
N/A
N/A
0
5718
1
Vacant
0
0
NIA
N/A
0
Scrub b 's
1
1-1/2"
5
5
N/A
NIA
0
5718
0
Vacant
0
0
N/A
N/A
0
5718
0
Vacant
0
0
N/A
N/A
0
Denn s
1
2"
8
8
N/A
N/A
0
WSDA-BIG Lots Plaza.doc
i f .' _ .
r a .
DEVELOPMENT: LAUNDROMAT
Commercial
NO. OF
METERS
METER
SIZE
Laundro-mat
1
1-1 /2"
Credit:
1
1"
Total
1
t1,1/291
E
# OF ERC's
i flffiwlat
*Customer will be given credit for existing 1" meter and will pay the
difference of 2.5 ERC's for upgrade to 1-1/2" meter.
TOTAL ERC's (WATER) 2 55 (SEINER) x 5
TOTAL AMOUNT DUE FOR WATER: $4,25),00
TOTAL AMOUNT DUE FOR SEINER: $5,500.00
TOTAL ERC's OF AGREEMENT (WATER) 61 (SEWER)
TOTAL AMOUNT DUE: $96750,100
DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = 2 ERC's (SEWER)
TOTAL ERC's 61 (WATER) 63 1 (SEWER
981208 25 WSDA-BIG Lots Pfaza.doC
EXHIJ T `' �$pe
LEGAL DESCRIPTION
All of Parcels "B" and "C" of THE MAINLANDS OF TAMARAC LAKES NINTH
SECTION according to the plat thereof as recorded in Plat Book 67, Pagc 48, of the
Public Records of Broward County, Florida, LESS that portion Quit -Claimed to Froward
County in Official Records Book 16456, Page 727, Broward County Records and fuurther
described as follows:
COMMENCING at the Southwest comer of Section 10, Township 49 South, Range 41
East; thence on an assumed bearing of North 00°00'56" Vest along the West line of said
Section 10, a distance of 459.02 feet; thence South 89°01'23" East along the Westerly
extension of the South line of said Parcel "B", a distance of 53.01 feet; thence North
00*00'56" Nest along the Southerly extension of the west line of said Parcel "B", a
distance of 24.57 feet to the Point of Beginning; thence continue North 00*00'56" Nest
along the iffiest line of said' Parcels "B" and "C", a distance of 609.09 feet to a point of
curvature of a tangent curve concave to the Southeast; thence Northeasterly, along the arc
of said curve to the right, having a radius of 25.00 feet and a central angle of 90°59'33",
for an arc distance of 39.70 feet to a point of tangency; thence • South 89°01'23" East
along the North line of said parcel "C", a distance of 7.00 feet; thence South 45028'50"
West, a distance of 35.66 feet; thence South 00100' 5 6" East along a line 7.00 feet East of
and parallel with the West line of said Parcels "B" and "C" , a distance of 609.09 feet;
thence South 44°31'09" East, a distance of 35.05 feet; thence North 89°01'23" Vest
along the South line of said Parcel "B", a distance of 7.00 feet to a point of curvature of a
tangent curve concave to the Northeast; thence Northwesterly along the arc of said Curve
to the right having a radius of 25.00 feet and a central angle of 89°0017", for an arc
distance of 38.84 feet to a point of tangency on the west line of said Parcel ``B", said
point also being the Point of Beginning.
Said lands situate in the City of Tamarac, Broward County, Florida,
c
1
Temp. Reso. #11192
Page 1
May 18, 2007
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007- 15'?,
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 BIG LOTS PLAZA, LTD., FOR THE BIG
LOTS PLAZA LAUNDROMAT PROJECT LOCATED AT 7471
NW 57T" STREET, REQUIRING AN ADDITIONAL 2.5 ERC'S
FOR WATER AND 2.5 ERCS, FOR SEWER; REQUIRING
THE PAYMENT OF $99750.00 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, Big Lots Plaza, LTD., is constructing the Big Lots Plaza Laundromat
Project, located at 7471 NW 57"' Street (a copy of which is attached hereto in map form as
"Exhibit 1 "); and
WHEREAS, Big Lots Plaza, LTD., has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the Big Lots Plaza Laundromat Project, as required
by Code Sections 10-121(d), 10-122(fl and 10-123(e); and
WHEREAS, the Water and Sewer Developer's Agreement requires the purchase
an additional 2.5 ERCs for water and 2.5 ERC's for sewer for a combined CIAC fee of
$9,750-00 as required by Resolution No. R-98-136; and
Temp. Reso. #11192
Page 2
May 18, 2007
WHEREAS, it is the recommendation of the Director of Public Works and the
Director of Utilities that the Water and Sewer Developer's Agreement be approved,
executed and the payment of the CIAC fees required for the Big Lots Plaza Laundromat
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 accept and execute
a Water and Sewer Developer's Agreement with Big Lots Plaza, LTD., for the Big Lots
Plaza Laundromat Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
SECTION 2: The appropriate City Officials are hereby authorized to accept
and execute a Water and Sewer Developer's Agreement (a copy of which is attached
hereto as "Exhibit 2") with Big Lots Plaza, LTD., for the Big Lots Plaza Laundromat Project,
located at 7471 NW 57t' Street.
SECTION 3:
The City will collect $9,750.00 in contribution charges prior
to the issuance of an Engineering Permit.
SECTION 4:
The City Clerk is hereby authorized and directed to record
said agreement in the Public Records of Broward County.
64
SECTION 5.-
Temp. Reno. #11192
Page 3
May 18, 2007
All
resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
app ty 9
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this L day of
2007.
ATTEST:
MARION SWENSOh
CITY CLERK
v1y1V
1 HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
BETH FLANSBAUM-TALAB 15C:U
MAYOR*
C64kRECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALASISCO,
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: VIM SULTANOF
DIST 4: COMM. DRESSLER
CITY OF TAMARAC
swc wow
III ___ - -NDIMOR
Job No. /11192
scale: N rs
SHEET 1 OF 1
N
WATER AND SEWER DEVELOPER'S AGREEMENT S
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BIG LOTS LAUNDROMAT PROJECT
"• 'do EXHIBIT f
amma"A
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Alummd A XWL MR P� '. . Joe f WP. ^ROE. 41