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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-019Temp. Reso. #11346 January 24, 2008 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008--/!? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO 1) APPROVE AN ASSIGNMENT OF THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP., FOR THE MC - NAB BUSINESS PARK PROJECT TO PPF INDUSTRIAL MC - NAB ROAD, LLC., 2) APPROVE AN ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY PPF INDUSTRIAL MC - NAB ROAD, LLC., AND 3) APPROVE AND EXECUTE AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP., AND PPF INDUSTRIAL MC -NAB ROAD, LLC., FOR THE MC -NAB BUSINESS PARK PROJECT LOCATED ON MC -NAB ROAD WEST OF NOB HILL ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Industrial Development Co. of America, LLLP., executed a Water and Sewer Developer's Agreement with the City of Tamarac on June 13, 2001; and WHEREAS, Industrial Development Co. of America, LLLP., developer of the Mc - Nab Business Park Project located on Mc -Nab Road West of Nob Hill Road (attached hereto in map form as "Exhibit 1") transferred ownership to PPF Industrial Mc -Nab Road, LLC., and WHEREAS, Industrial Development Co. of America, LLLP., has requested an Assignment of the Water and Sewer Developer's Agreement to PPF Industrial Mc -Nab Road, LLC.; and Temp. Reso. #11346 January 24, 2008 2 WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Mc -Nab Business Park Project, the City of Tamarac shall approve all Assignments of the Water and a Sewer Developer's Agreement; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement, the City shall be a party to said Assignment; and WHEREAS, it is the recommendation of the Director of Utilities that the Assignment and the Acceptance and Acknowledgement of Agreement and Consent to Assignment be approved; and that the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Industrial Development Co. of America, LLLP., and PPF Industrial Mc -Nab Road, LLC., be approved and executed; 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: 1) Approve the Assignment; 2) Approve the Acknowledgement and Consent to Assignment; and 3) Approve and execute the Acceptance and Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Industrial Development Co. of America, LLLP., and PPF Industrial Mc -Nab Road, LLC., for the Tamarac Business Park 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: That the City of Tamarac hereby approves and accepts the 1 l Temp. Reso. #11346 January 24, 2008 3 Assignment of the Water and Sewer Developer's Agreement executed by Industrial Development Co. of America, LLLP., (attached hereto as "Exhibit 2") for the Mc -Nab Business Park Project located on Mc -Nab Road West of Nob Hill Road. SECTION 3: That the City of Tamarac hereby approves the Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by PPF Industrial Mc -Nab Road, LLC., (attached hereto as "Exhibit 3"). SECTION 4: That the City of Tamarac hereby approves and executes the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement for the Mc -Nab Business Park Project (attached hereto as "Exhibit 4"). SECTION 5: The City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 11: ATTEST: , MARION SWENSON, CMC— CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. :L S. GOREN ATTORNEY Temp. Reso. #11346 January 24, 2008 4 Oftm d ice. RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO-04L� DIST 1: V/M PORTNER aw DIST 2: COMM ATKINS-G D DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 1 1 Tamp. Raao. No. 11346 CITY OF TAMARAC ; { Sea", X.T.S N PDBUC BORES DEPABTNIM AT M! ENGI[iEEEIIiG DIMON a SHEET 1 OF 1 W E sn ss ASSIGNMENT TO THE WATER AND s SEWER DEVELOPER'S AGREEMENT TR#71346 PERIV NKEL T� gT `, L CAPTIVA70 S S LN 4 , 7 1q $ ' SECTION 21r]7SO PALM IDGE LN. ` a �L 7� i { 0 CTV BDX LN s $1s WE TWUUD 3NOEL WING DR. 70 ST _. MCNAB__ R❑AD SUNSET POINT PARK TEE CVS i////// g PLAT AR TAMARAC g y �` TAM AC MARKET ~TAMARAC j GAR NS PLACE GARDENS L T WEST SITE LOCATION:::::::: vlaw1111alm, //////�',% TAMARAC 1299 j 67 CT ��w% LAND TRUST MSK PLAT ALUMINUM II AURUFIN WE67 WOOD 2 ST b7 CITY FURNITURE ---- °C _._.., _._ 67 SUN BELT CARL 6 W AV S PRECISION ARCH ASSOCIATES y W 66 , b�CJTT ALUMINUM W W sL ST c n 96 AV ' 6 8 bb ST CULLIGAN WOOD 1 (SPYGLAS TAMARAC SUN -SENTINEL W 6S CT BUSINESS � T PARK W 71E VILLAGE g TOSHIBa;LAND BUSINESS g CSY GOLD DUBS SOLUTIONS �. . �. . . � . t. -- G G WS PUBLIC LAND SEC. i o g R i FIRE SERVICES µ PUN MY PKW ■ 7 � � j.STATION COMPLEX y XBI'SS `s Ld COVEJUGa y STATE STREET PLUM 3 HARBOR FAIRBANKS WESTPOINT 161YORS CHRYSLER/ DISTRIBUTION TEIaRS F. DODGE CENTRE 1ce ypj�g V,G,C, PARK SONNYS (VISUAL GRAPHIC J w g a ENTERPRISES COXXUNITY 73 �� Y A P.O.D.S 7 SAWrJUSS STORAGE a ix a IXFIXIT! CONVERGYS -m GOLD Z FERGUSON OFFICE ti COAST CORP. BUILDING � REAL ESTATE MOBIL (CO Rn surlaYs, C❑MMEFAL BLVD bw...K ".... ft* i/1rV1r ft ", Dow 11 4oft °"° MCNAB BUSINESS PARK a....�,., EXHIBIT I imp—d,V a.. JM L DORD", FL CITY OF TAMARAC, BROWARD COUNTY, FLORIDA IL K as= SEC. 7, TWP. 49, RGE. 41 is 11 s "Exhibit 2" Temp Resolution Number 11346 TAMARAC UTILITIES ASSIGNMENT FOR: MCNAB BUSINESS PARK KNOW ALL MEN BY THESE PRESENTS: THAT, INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, having an address of 4100 North Powerline Road, Suite B-2, Pompano Beach, Florida 33073, a Florida limited liability limited partnership, party of the first part, in consideration of the sum of Ten and no/100 Dollars ($10.00), and other valuable considerations, received from or on behalf of PPF INDUSTRIAL MCNAB ROAD, LLC, a Delaware limited liability company, having an address of c/o Morgan Stanley Real Estate Advisor, Inc., 3424 Peachtree Road, Suite 800, Atlanta, Georgia 30326, party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the party of the second part, the following: All right, title and interest in and to 20 Water Equivalent Non -Residential Connections and 20 Sewer Equivalent Non -Residential Connections (collectively, "ERC Units"), also known as Utility Connections, as referred to in that certain Agreement recorded July 12, 2001, in Official Records Book 31835, Page 644 of the Public Records of Broward County, Florida ("Agreement") by and between Industrial Development Co. of America, LLLP, as Developer, and the CITY OF TAMARAC, a municipal corporation of the State of Florida, as City, which Agreement has been assigned to Seller. A copy of said Agreement is incorporated by reference. FT12383956:2 • TO HAVE AND TO HOLD the same unto the said party of the second part, its legal representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this I" day of November, 2007. • W4 • *;&- G,r �-- INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership AUGUSTINE FERRERA FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, General Partn By: AUC&STINE FERRERA, as Trustee of the Augustine Ferrera Revocable Trust dated March 17, 1972, as Amended, as Managing General Partner MICHAEL J. FERRERA FAMILY LIMITED PARTNERSHIP, NO. 2, a Florida limited partnership neral Partner By: ICHA ER , as Trustee of the NKchael J. Ferrera Revocable Trust dated June 15, 1972, as Amended, as Managing General Partner LEE S. LASSER FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, General Partner By: 2 . t &,x4k,) -- LEE S. LASSER, as Trustee of The Lee S. Lasser Revocable Trust Dated August 25, 1972, as Amended, As Managing General Partner No Text . STATE OF FLORIDA ) SS.: • COUNTY OF BROWARD 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, the foregoing instrument was acknowledged before me by AUGUSTINE FERRERA, as Trustee of the Augustine Ferrera Revocable Trust dated March 17, 1972, as Amended, as Managing General Partner of the Augustine Ferrera Family Limited Partnership, a Florida limited partnership, General Partner of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, freely and voluntarily under authority duly vested in him by said partnership. He is personally known to me as identification. WITNESS my hand and official seal in the County and State last aforesaid this3V14.day of October, 2007. My Commission Expires: FTL:2383956:2 DEBORAH A. LUPUUO I1K MY commISSIDN # DD 334796 EXPIRES: July 19, 2006 aor4W Thru NOM PLtrk Urdarwbrs • STATE OF FLORIDA ) SS.: COUNTY OF BROWARD 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, the foregoing instrument was acknowledged before me by MICHAEL J. FERRERA, as Trustee of the Michael J. Ferrera Revocable Trust dated June 15, 1972, as Amended, as Managing General Partner of the Michael J. Ferrera Family Limited Partnership, No. 2, a Florida limited partnership, General Partner of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, freely and voluntarily under authority duly vested in him by said partnership. He is personally known to me o as identification. WITNESS my hand and official seal in the October, 2007. My Commission Expires: FTL:2383966:2 Notary and State last afraid thisOLday of printed or stamped name of Notary s s DEBORAH A. LUPULJO-FECHIK MY COMMISSION # DD 334796 EXPIRES: July 19, 2008 ' (r B-W That NoWry Public Underwdtem • STATE OF FLORIDA ) SS.: COUNTY OF BROWARD ) 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, the foregoing instrument was acknowledged before me by LEE S. LASSER, as Trustee of the Lee S. Lasser Revocable Trust dated August 25, 1972, as Amended, as Managing General Partner of the Lee S. Lasser Family Limited Partnership, a Florida limited partnership, General Partner of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, freely and voluntarily under authority duly vested in him by said partnership. He is personally known to me as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of October, 2007. My Commission Expires: DE RAH A. LUPULIO-FECHIK MY COMMISSION H DI) 334796 EXPIRES: July 19, 2008 Bonded Thm Nomry Pudic Unde1wrXers �rRr►xtxt:�.��a "Exhibit 3" Temp Resolution Number 11346 • • TAMARAC UTILITIES ACCEPTANCE TO ASSIGNMENT FOR: McNAB BUSINESS PARK PPF INDUSTRIAL MCNAB ROAD, LLC, a Delware limited liability company, having an address of c/o Morgan Stanely Real Estate Advisor, Inc., 3424 Peachtree Road, Suite 800, Atlanta, Georgia 30326, party of the second part, agrees to accept assignment of Utility Connections. PPF INDUSTRIAL MCNAB ROAD, LLC, a Delaware limited liability company By: PPF Industrial, LLC, a Delaware limited liability company, its Member By: PPF OP, LP, a Delaware limited partnership, its Member By: PPF OPGP, LLC, a Delaware limited liability company, its General Partner Signat&& �R� Printed Name Si ture Pr ted Name l �()GLIC'll FTL:2383958:2 M. Prime Property Fund, LLC, a Delaware limited liability company, its Member By: Morgan Stanley Real Estate Advisor, Inc., a Delaware corporation, its Manager By: �" -M Printed ame: WW NnnE Title:. r-"-nvV„�jRE:&raA - E • STATE OF 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, the foregoing instrument was acknowledged before me by of Morgan Stanley Real Estate Advisor, I' ., a Delaware corporation, Manager of Prime Property Fund, LLC, a Delaware limited liability company, Member of PPF OPGP, LLC, a Delaware limited liability company, General Partner of PPF OP, LP, a Delaware limited partnership, Member of PPF Industrial, LLC, a Delaware limited liability company, Member of PPF INDUSTRIAL MCNAB ROAD, LLC, a Delaware limited liability company , freely and voluntarily under authority duly vested in him/her by said company. He/She is personally known to me or has produced "' 4 as identification. WITNESS my hand and official seal in the County and State last aforesaid this(C) day of October, 2007. No ry rPb c _ Typed, printed or stamped name of Notary My Commission Expires: FTL:2383956:2 Melanle Lou Williamt4Os My ly arY Cd CpirymPublic, �eKalb County, Goorgle Ion Expires May 11, 20Q "Exhibit 4" Temp Resolution Number 11346 . TAMAR.AC UTILITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT LJ • FOR: McNAB BUSINESS PARK The City of Tamarac, a municipal corporation of the State of Florida ("City"), hereby acknowledges that effective as of June 13, 2001, it entered into a Water and Sewer Developer's Agreement concerning McNab Business Park ("Developer's Agreement") with Industrial Development Co. of America, LLLP, a Florida limited liability limited partnership, as Developer, a copy of which Developer's Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by Industrial Development Co. of America, LLLP to PPF Industrial McNab Road, LLC by Assignment dated as of November 1, 2007. The City hereby consents to and approved the Assignment of the Developer's Agreement from Industrial Development Co. of America, LLLP to PPP' Industrial McNab Road, LLC. ATTEST: % By: +! Marion Swenson, CMC City Clerk FTL:2383956:2 ACCEPTED BY CITY OF TAMARAC By: A4�(&a#w -� Beth F1 n baum—Talabisco— Mayor Dated: y7 , 2008 (#7 By: J y iller, City Manager Dated: a'"1 , 2008 APPROVED AS TO FORM: By: Samuel Goren, City Attorney rI r 1 L.J 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, the foregoing instrument was acknowledged before me by BETH FLANSBAUM TALABISCO, Mayor of the City of Tamarac, JEFFREY L. MILLER, City Manager of the City of Tamarac, and SAMUEL GOREN, City Attorney of the City of Tamarac, all of Broward County, Florida, freely and voluntarily under authority duly vested in them by said City. They are personally known to me as. WITNESS my hand and official seal in the County and Sta t aforesaid thisoday of 2008. NOTARY PLMUC-STATE OFFIARIDA Patricia A. Teufel NOTARY PUBLIC, State of orida j -Commission #DD684007 at Large Expires: AUG. 25, 2011 BONDED MRU ATLANTIC BONDING cO., INC. My Commission Expires: FTL: 2383956:2 Tamarac (Name of Notary Public: Print, Stamp, or type as Commissioned) CFN # 107486603, OR BK 44781 Page 13, Page 1 of 7, Recorded 11/02/2007 at 02:24 PM, Broward County Commission, Doc. D $136500.00 Deputy Clerk 2070 117 VMLL CAUL �J CHICAGu'li' U INSURANCE CO. 2701 GATEKW DRIVE POMMW KACN. FLORIDA 33M Return w (encli.se self-addressed stamped envelope) Name: Address: This Instrument Prepared by: Peter D. Slavis, Esq. Address: Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Boulevard, 15th Floor Fort Lauderdale, Florida 33301 Property Appraisers Parcel I.D. (Folio) Numbers(s): 19107-13-00110 Grantee(s) S.S.#(s): THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA This Special Warranty Deed, effective as of the 1It day of November, 2007, by INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, having an address of 4100 North Powerline Road, Suite B-2, Pompano Beach, Florida 33073, hereinafter called the "Grantor," to PPF INDUSTRIAL NORTH HIATUS ROAD, LLC, a Delaware limited liability company, whose post office address is c/o Morgan Stanley Real Estate Advisor, Inc., 3424 Peachtree Road, Suite 500, Atlanta, Georgia 30326, hereinafter called the "Grantee": WltneSSeth: That Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confine unto Grantee, all that certain real property situate in Broward County, Florida ("Real Property"), as follows: See Exhibit A attached hereto and made a part hereof SUBJECT TO: Those matters more particularly described on Exhihit B attached hereto and made a part hereof without intending to reimpose same. Together with all the tenements, hereditaments, easements and other appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. FTL2350151:1 Tamarac rq CFN # 107486603, OR BK 44781 PG 15, Page 3 of 7 STATE OF FLORIDA MT COUNTY OF BROWARD 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, the foregoing instrument was acknowledged before me by AUGUSTINE FERRERA, as Trustee of the Augustine Ferrera Revocable Trust dated March 17, 1972, as Amended, as Managing General Partner of the Augustine Ferrera Family Limited Partnership, a Florida limited partnership, General Partner of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, freely and voluntarily under authority duly vested in him by said partnership. He is personally known to me o as identification. WITNESS my hand and official seal in the County and State la aforesaid this -3pxday of October, 2007. Not Public yped, printed or stamped name of Notary My Commission Expires: SSOD 3MM omy.wm EXPIRES STATE OF FLORIDA ) SS.: COUNTY OF BROWARD ) 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, the foregoing instrument was acknowledged before me by MICHAEL J. FERRERA, as Trustee of the Michael J. FmTrra Revocable Trust dated June 15, 1972, as Amended, as Managing General Partner of the Michael J. Ferrera Family Limited Partnership, No. 2, a Florida limited partnership, General Partner of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, freely and voluntarily under authority duly vested in him by said partnership. He is personally known to me as identification. WITNESS my hand and official seal in the County and State last afo esa'd this day of October, 2007. / Nublic yd, printed or stamped name of Notary My Commission Expires: t1EK Mi A LUP1A.1t?il: W FTL2380151:1 i MY OOMMISSM # Dd 334795 Tamarac UNRE8: MY 19. MW aawalhcr�rrne�u�Mn CFN # 107486603, OR BK 44781 PG 14, Page 2 of 7 AND the Grantor hereby covenants with said Grantee that it has good right and lawful authority to sell and convey said Real Property; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through and under Grantor. In Witness Whereof, the Grantor has caused this Special Warranty Deed to be executed in its name by its proper officer thereunto duly authorized, the day and year fast above written. Signed, sealed and delivered In the presence of: GRANTOR: INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership AUGUSTINE FERRERA FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, General Partner By: AL&CSTINE FERRERA, as Trustee of the Augustine Ferrera Revocable Trust dated March 17, 1972, as Amended, as Managing General Partner MICHAEL J. FERRERA FAMILY LIMITED PARTNERSHIP, NO. 2, a Florida limited partnership General Panne By: M CHAEL as Trustee of the Mi el J. Ferrera Revocable Trust dated June 15, 1972, as Amended, as Managing General Partner LEE. S. LASSER FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, General Partner By: xi- A a'A.✓ LEE S. LASSER, as Trustee of The Lee S. Lasser Revocable Trust Dated August 25, 1972, as Amended, As Managing General Partner F rL:2380161:1 Tamarac , TAMARAC UTILITIES WATge AND 6 9VIER DEVELOPER'S AGREEMENT FOR: McNab Business Park (Name of Development) IIN��NNI�N�I���N�ANNNI� INSTR # 103168540 EXHIBIT 2 OR SK 31835 PG 0644 RECORD® 07/12/2001 07.48 AN ' COMMISSION BRONARD COMITY DEPUTY CLERK 2008 GENERAL LOCATION: McNab Road & west of Nob Hill Road THIS AGREEMENT effective this day of made and entered into by and between: X 2 O1 The CITY OF TAMARAC, at 7525 Northwest 88t' Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called "CITY" And Industrial DevelQpment C9, Of At 4100 North Powerline Road, Suite B2, Pompano Beach, F1. 33073 hereinafter called "DEVELOPER". And Industrial Development Co. of kerica, LLL At 4100 North Powerline Road, Suite 82, Pompano Beach, F1. 33073 hereinafter called "OWNER". ` WITNESSETH 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 f WHEREAS, DEVELOPER own or controls certain real property in Broward County, Florida as shown and described in Exhibit "A" attached hereto and made a part of hereof; and all references made in this AGREEMENT to PROPERTY shall refer speci I j Rg�OPER's PROPERTY described in Exhibit "A" attached; and 7525 N. W. 83 AVENUE DEFERRED ITEM TAMARAC, FLORIDA 33321 R efu rn 0 0Ll m e n t To Lit CI - Y arks Dept 981208 Busipess Opera ion OR SK 31835 PG 0645 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 if 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 _ 14 2Q01 NOW, THEREFORE, in consideration of the mutual of CITY and DEVELOPER and other good and valuable covenant and agree with each other as follows: PART 1. DEFINITIONS covenants and undertakings considerations, these parties A. The term DEVELOPER shall refer to the Contracting Party in this AGREEMENT who has an ownership interest in the PROPERTY. Is that interest fee simple? x YES or NO. If no, then the nature of the Interest is best described as If DEVELOPER is not. the OWNER, 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. I 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. 981208 2 Water and Sa"r rhlveloaers AprBemem OR BK 31835 pri o646 PART II. DEVELOPER'S OBLIGATIONS A. INSTA_ LLATIONS IN_COMPLIANCEWITH SPECIFICATIQN I., 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/her authorized representative; and said water distribution and sewage collection lines shall be installed and connected to CITY's existing water distribution and sewage collection lines, all of which work shall be paid for by the DEVELOPER. 2. All installations shall be installed at DEVELOPER's expense and shall include, without limitation, all gravity flow mains, force mains, pump stations and lift stations required for the furnishing of service to the PROPERTY. At the time of submission of the plans, specifications and engineering data by DEVELOPER to the Director of Utilities, IF THIS AGREEMENT IS FOR (10) OR MORE ERC'S, DEVELOPER, shalt pay to CITY a Plan Review Fee of $750.00 (to be paid one time only). Said Plan Review Fee is to compensate CITY for CITY's expense in having said plans, specifications and engineering data reviewed by the Director of Utilities 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's City Manager or his/her 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's City Manager or his/her designee. 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 representative. Should there be cause or reason for the DEVELOPER to engage the services of a registered engineer (other than the design engineer) for inspections, then DEVELOPER shall notify the CITY within five (5) days of such engagement. 981208 1 Walor nnA Cnur..r Mruo4nr*-.ra Aarrement OR BK 31835 PG 0647 The DEVELOPER's Engineer of Record shall prepare "As -Built" drawings of all construction. C. PRECONSTRUCTION MEETING DEVELOPER and its Contractor shall arrange for and hold a preconstruction meeting with the Director of Utilities or his/her 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. E. ENGINEERS_ PRESENT AT TESTS During construction and at the time when periodic inspections are required, the Director of Utilities or his/her 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 specification. The City's 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 the City of Tamarac Inspectors normal working hours 7:30 a.m. to 4:00 p.m., Monday through Friday) 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 effect at the time of Inspection. The CITY reserves the right to directly invoice the contractor,• developer and/or owner for the costs of inspections by Utility Department - personnel that are requested or required to occur outside normal work days and work hours. F. C,OMPLIANCE NTH APPLICABLE LAWS The work to be performed by DEVELOPER, pursuant to the provisions set forth herein, shall be in accordance with all requirements of the regulatory itgencies 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. 981208 4 Water and Sewer oeue %*ea Agnmum OR BK 3183S PG 0648 G. AS -BUILT QRAWINGS DEVELOPER shall, at its own expense and at no expense to the CITY, furnish to the CITY one (1) complete set of AutoCAD 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 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 sewage facilities. H. CONTR TI P Y ENT F The contribution charges (both water and sewer) shall be calculated according to rates set by Resolution of the City Commission. The contribution charge 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'/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 non-residential meters based on the South Florida Building Code tables 461, 46J and 460 for meter sizes. Payment of the contribution charges is a condition precedent to the execution of this AGREEMENT. The payment of the contribution charges shall be made in accordance with the applicable sections of the City Code. The contribution charges applicable for this AGREEMENT are summarized as follows: Residential # Units X ERC's Per Unit @ $JAL0,QQ Per ERG Non -Residential # 20 ERG's @ $1,400.00 Per ERG Total ERG's 20 (WATER) Total Contribution $ zs , coo soWP, neve(opers agmemenr OR SK 31835 PG 0649 CONTRIBUTION (SEWER Residential # Units X ERC's Per Unit @ $1.800.QQ Per ERG Non -Residential # 20 ERC's @ 11,500.00 Per ERC Total ERC's 20 (SEWER) Total Contribution $ 36,000 I. GUARANTEED REVENUES 1. DEVELOPER shall pay to the City, GUARANTEED REVENUES when due, at the rates in effect when due, as amended from time to time. GUARANTEED REVENUE is equal to the minimum service availability charge for water and sewer service. GUARANTEED REVENUES are due and payable monthly. 2. The payment of GUARANTEED REVENUES required by this AGREEMENT shall commence six (6) months after the payment of CIAC Fees. Plat for the property been recorded with Broward County xxx YES NO. If NO, then GUARANTEED REVENUES commence one (1) year after the effective date of this AGREEMENT. GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to the PROPERTY unless otherwise specified by this AGREEMENT. 3. GUARANTEED REVENUE, if initiated shall no longer accrue for a unit when metered water and sewer service is established at a particular building and the required customer deposits are paid to the CITY. However, If accounts are open in the DEVELOPER's name and closed without a new account being established, the GUARANTEED REVENUES shall resume. 4. The parties acknowledge the GUARANTEED REVENUE payments made by the DEVELOPER shall be considered as revenue (income). 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. 8. Unpaid Guaranteed Revenues are subject to annual Interest rates as established by City Commission. J. MQDIFJCATIQU IQ QITY'S WATER OR E FACILITIES BE NECESSARY In addition to all other obligations of this AGREEMENT, DEVELOPER may be required by the CITY to make modifications to the CITY'S water and sewage systems because of the development's impact on the systems. The modifications are 981208 F; Water and Sewer Developers Agreement OR OK 31835 PG 0650 set forth in Exhibit "E" and they shall be performed by DEVELOPER prior to the issuance of the first Certificate of Occupancy, unless provided in this AGREEMENT. K. ' DELINQUENT PAYMENTS. DEFAULT_, NOTICE OF DEFAULT 1. If any payment of GUARANTEED REVENUES required by 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. S6NQTIQNS 6NI2P NA TIES Should DEVELOPER be in default of this AGREEMENT, it is agreed that the CITY shall have the right to exercise one or more of the following sanctions or penalties: 1. Any reserved plant capacity under this AGREEMENT may be rescinded and forfeited. 2. The site plant for the PROPERTY is voidable by Resolution of the City Commission. 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. 5. There shall be an interest penalty equal to the maximum rate allowed by Florida State Law on any payments due to CITY from DEVELOPER which are not paid. The penalty, when applicable, shall accrue from the due date of payment as provided in this AGREEMENT. 6. The CITY shall be entitled to lien the PROPERTY and foreplose 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. 981208 7 Water and Sewer Developeft Agreement OR BK 3183S PG 0652 M. MISCELLANEOUS Al2DITIONAL OBLI TIONS F VELOPER 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. 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 an 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, fumish 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. 6. Install cleanout on consumer's sanitary service in accordance with current Utility Standard Detail. 981208 a Water and Sewer Developers Agreement OR SK 31835 PG 0652 PART 111. CITY'S OBLIGATION A. 1 MAINTENANCE OF YSTEMS AEJER C TAIN I I NS 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/her 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 20 ERC's of water service and 20 ERC's of sewage treatment plant capacity for DEVELOPER. B. SEISVIC9 CONDIT! ON RGE USER AGR T 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. f 981208 9 Water and Sewer pavelopera AMOMeM OR BK 31835 PG 0653 PART IV. MUTUAL COVENANTS It Is mutually agreed by and between the parties that the preambles contained at the beginning of this AGREEMENT are true and correct and in addition to them, it Is mutually covenanted and agreed, as follows: A. ASSIGNMENT OF TH1:5 AGREEM .N„T_ 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 II herein. All prior Developer Agreements or Agreements pertaining to the supply of water and sewer affecting the PROPERTY are hereby cancelled and declared of no force and effect upon that PROPERTY which is the subject matter of this AGREEMENT. PART V. MUTUAL ADDITIONAL COVENANTS PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER It is mutually covenanted and agreed by and between the parties as follows: 981208 10 water and sewer Developers Agreement OR BK 31835 PG 0654 531111-3+I>�h�I�LL��rT�•� 'CITY shall have the exclusive right to furnish water service and sewage collection service to consumers within the PROPERTY covered by this AGREEMENT. B. WELLS PROHIBITED EX99PT FFQB IRRIGATION DEVELOPER, his successors and assigns, and the owners and occupants of buildings on DEVELOPER's PROPERTY shall not install or maintain any water wells except for irrigation purposes. C. PROMULGATION QF REASONABLE RULES, QF IJERV__LCRS 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. u,r•�li�IrT1I • - � • � .i► • �(ii Eel ; " i�•���'ll►1� CITY shall not be liable or responsible for maintenance or operation of any pipes, pipelines, valves, fixtures or ,equipment on any of the properties of the customers, consumers or users on DEVELOPER's PROPERTY other than the water 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. •;� Each consumer of water service or sewage collection service on DEVELOPER's PROPERTY shall keep all water pipes, service lines including cleanouts, connections and necessary fixtures and equipment on the premises occupied by said consumer, and within the interior lines of the lot occupied by the consumer in good order and condition. The sale of water by CITY to the consumer shall occur at the consumer's side of the meter but the obligation for the maintenance of the lines shall be as set forth above and in applicable CITY regulations. 981208 11 Water and Sewer Developers Agreement OR BK 31835 PIG 0655 F. EFFECTIVE DATE Unless otherwise specified in this AGREEMENT, this AGREEMENT shall not be binding until fully executed, but once executed, it shall have a retroactive effect commencing from the date of the City Commission meeting at which it was approved. G. OVER&IZE METERS QN_SINGLE FAA II�i,Y HOMES It is assumed that a single family home on the PROPERTY will be serviced by a 5/8-inch water meter. If a larger water meter is needed, then the owner (whether DEVELOPER, Assignee or Homeowner) will be charged additional contribution charges which much 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. I. DISCLAIMER Any temporary cessations or interruptions of the furnishings of water and sewer service to the PROPERTY described herein at any time caused by and 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. K. R C RDINQ _QUr2REEMgNT This AGREEMENT shall be recorded by the CITY among the Public Records of Broward County, Florida, for the particular purpose of placing all owners or occupants of properties in DEVELOPER's PROPERTY connected to or to be connected to said water and sewer systems of CITY upon notice of each and every one of the 981208 12 Water and Sewer Developers Agreement ♦ .1 OR SK 31935 PG 0656 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 deemed conclusive evidence of the fact that the said owners or occupants have consented to and accepted the AGREEMENT herein contained and have become bound thereby. L. HOLD HARMLEM PROVISION 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 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 PEVELOPER's PROPERTY for which CITY cannot perform its obligation. M. CONTROL F CRgSa CONNCTI N D BA K•FL W 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. 1914� 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/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 any premises shall be dehied 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. 981208 13 Water and Sewer Developers Agreement OR BK 31835 PG 0657 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. 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 Fuck -Flow Prevention Detail Sheet, which is available at the Tamarac Utilities Department, prior to the installation of the water service meter. g. 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/her designee) inspections and tests of back -flow prevention assembly shall be performed by state certified back -flow tester. DEVELOPERIOWNER must have tests performed (with results submitted to Director of Utilities) by a State certified back -flow tester at Developer/Owner expense. The DEVELOPER/OWNER will be responsible for insuring that proper plumbing permits have been obtained and fees paid. DEVELOPER acknowledges that property described in Exhibit "A" DO within a Broward County protected well field zone of influence per Broward Cott Ordinance 84-eO 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 84-60 or as it may be amended. 081208 14 water and Sewer Developers Agreement OR BK 3183S PG 06SS O. PROHIBITED„ HA7,.ARDOUS.MAT FRIALS 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 Broward County Ordinance 86-61 and Tamarac Ordinance 85-52 or as they may be amended. P. VENUE 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 VI, NOTICE Whenever either party desires to give notice to the other, it shall be given by written notice, sent by prepaid certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place specified as the place for giving of notice, which shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for the giving of notice: FOR THE CITY OF TAMARAC: FOR THE DEVELOPER: City Manager Mr. Lee Lasser 7525 Northwest 88th Avenue Industrial. Development Co. of America, LLLP Tamarac, Florida 33321 4100 North Powerline Road, Suite B-Z Pompano Beach, FL 33073 Notice so addressed and sent by prepaid certified mail, with return receipt requested, shall be deemed given when it shall have been so deposited in the United States mail. PART VII. ADDITIONAL PROVISIONS A. EXHIBITS The following exhibits are attached as part of this Agreement and are Incorporated into this Agreement: EXHIBIT "A" - Legal Description and Legal Sketch on an B-1/2 inch by 11 inch page of the PROPERTY. 981208 15 Wafer anri Srwnr DeVAIOWS Agreement A 4 OR 8K 31835 PG 0659 981M8 f EXHIBIT "B" - Receipt from third party for a portion of contribution charge: I Applicable Not Applicable xxx x EXHIBIT "C" - A sketch of the site plan of the PROPERTY reduced to 8-1/2 Inch by 11-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. Applicable Not Applicable MxXX 16 water and sewer Oevelgwes Agrwm M OR BK 31835 PG 0660 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swe son, CIVIC City Clerk ACCEPTED BY CITY OF TAMARAC GRAN EE By: / Joe Schreiber Mayor Date: / By: pA Ci ry Miller City Manager Date: STATE OF FLORIDA : Miteell S. Kraft, / J : SS / City Attorney (/ COUNTY OF d Rb: 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 LAlW me known to be the person(s) described in and who executed the oregoing instrument and i7 acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 13 day of -Tu atr 20VL. ( personally known to me, or ( ) Produced identification NOTAfNMA"FUBLUXc PUBLIC, State of Florida at Larg S Ys sTA OF FLOWMA N NO CCT1 M My�N W. 8Er7i arm ..... (Name of Notary Public: Print, :5ffmp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( 4-M NOT take an oath 981208 17 Water and Sewer Developers Agreement.doc OR 8K 31835 PG 0661 IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day and year first above written. (DEVELOPER) Industrial Development Co. of America, LLLP 4nes Type Name [� Type Name�tle L r 5.172 Type Name 'type Nam-6 tle STATE OF FLORIDA ; COUNTY OF . SS 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 knows to be the person(s) described in and who executed the f egoing instrument and � cknowledged before me and under oath that �_ executed the some. WITNESS my hand and official seal this '_ day of -a ss,od i ( ✓) Personally known to me, or ( ) Produced Identification ( ) DID take an oath, or ( 981208 NOTARY PUBLIC, State of Florida at Large r"` ;•. AnnMkMman a: MY COMM MON i CCOM9 DMFiES %P" ! AOMM TMNU MyMYFAR jF1 (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 18 Water and Sewer nevOIODees Agreement OR 6K 31935 PG 0"2 AFFIDAVIT SHALL BE C M LETED WHEN MORTGAGEE SIGNAT I NOT APPLICABLE I, Lee S. Lasser do hereby affirm that I am the General Partner of nd that I have executed a Water and Sewer DEVELOPER's Agreement with the City of Tamarac for McNab Business Park 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 ?4day of Ems• STATE OF FLORIDA : SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid a d in the County aforesaid to take acknowledgments, personally appeared to me knowy to be the person(s) described in and who executed th foregoing instrument and acknowledged before me and under oath that — executed the same. WITNESS my hand and official seal this 21L, day of 19g 2-o o j NOTARY PUB State qA n r" at LargePr''O MY COMMISSION N OCS45M EXPIRESJUgr 21, 20U1 MNOE0 TNRU TFOY FAIN INSURANCE. INC. (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. 981208 19 water and Sewer Developers Agreement OR 8K 3183S PG 0663 IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. �} (OWNER) Industrial Development Co, of America, LLLP W ess � Type Name - � Type Name�tle 1 Partner Type Name �Oyx�ea c! STATE OF FLORIDA COUNTY OFdjota.,4 5S Type Namerritle I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afore 0 a in a County aforesaid to take acknowledgments, personally appeared to me knowryq to be the described in and who executed the foregoing instrument and acknowledged on(s) before me and under oath that � executed the same. WITNESS my hand and official seal this day of ( I/1 Personally known to me, or ( ) Produced Identification NQMY PUBLIC, State of Florida at Large Ann Mittelman _.: MY COMMISSION M CC845M EXPIRES x 'r July 21, 2001 (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I_D. Produced ( ) DID take and oath, or ( ) DID NOT take an oath. 981208 20 Water and Sewer Developer's Agreement `SnTCEI M A D�(�A'''''��J�� A `� ILGAIL IIDI�cC�t�'� ON Ir®� McNAB BUSINESS PARK OR BK 31835 P6 0664 TAMARAC, BROWARD CO. FLA. TRACT 8 RAWMA MAT LA DB C00. BSA. N0. k M % P0. IM ti , ..,......_ � r-- —__—---_-----5Q9�4-6"E 74----_,.�.._.,..... --- ! I I I II I II ► I I 1 i t i l I I I li I I Ic 1- II , ►_ I I I ►� "• i I I a7 ! I I I I ! I 11 `' i M III w� I I ----------------------- t III Ia i I I I I t 11 II i j I I I ! III I I I I I I I I PREPARED SUPERVISION: TRACT "A"PLACE (Pit ?K P3 Z0BAG ALFONSO C. TELLO SECRETARY—TRESURER 1"=1Q0 FLA. PROF. LAND SURVEYOR N' 2978 DATE- 2-22-2001 OX,I11 Is. t 11 N SHT 1 OF 2 ORDER N" 183342 rnN .,:Q l�L 4th j IAVE 55.0' cc cc, I U1� I r4 ! File name: K:\074941\McNab Business Park\Water and Sewer\dwg\J & J Plat Legal Description LEGAL DESCRIPTION TO ACCOMPANY SKETCH (OVERALL SITE) OR BK 31835 PG 0665 Parcel "A", "J. AND J. PLAT", according to the plat thereof, as recorded in Plat Book 152 at Page 3 of the Public Records of Broward County, Florida. All of the above lying and being in Section 7, Township 49 South, Range 41 East, City of Tamarac, Broward County, Florida. NOTES: 1. Bearings shown hereon refer to an assumed South 89 degrees 33 minutes 15 seconds West, along a portion of the Southerly Right -of -Way line of McNab Road as shown on said plat of "J. and J. Plat" (Plat Book 152, Page 3). 2. This is not a Boundary Survey. File name: K:\074941 \McNab Business Park\Water ORDER N' 183342 and Sewer\dwg\J & J Plat Legal Description SHT2OF2 R-3 5M DATA w w Mwr wwr ww� w np mmm MOM Naha Orr tawwuraew ww.wwwa ww wmrr. anarwtAlw� wrAwr ww w w' � w,� r< naarlrrr�rw rrrr � lr Mvk �wwrrn wwwl�iii ww or r r r�y�lwNiw�r Iwww"i~utw6^ w �rw�nrww r�wr w1�NMw11N wrr rw N�1 wr Iw wr M O 1111NW ww wwwt w wnw pp�—� ewawwr*rr aw�r wa 1111wIll It Ill (wvplowll wi omponommwy a we IN west I%M sR I 160• t1PI T -1 R—IC McNAB R AD ww.gr..�. le' � � N N '�• t�0.11i' �A — +�la�i•N•I East west East WAW sr. ixw rr. law sr. l6!'1'.......... it L 1 e t1T I it I I K 31835 PG 0666 B-2 1{ L------J It `• ���nn us 1 1 o © •�iN2YlwN� : :..:.. �iu�: �::•: � :' S � riiiii:c:;; 1 R-3 SAr IF. ww v. B-2 t 120' r mim SAMADdr K I• I 50• CAN& RXWT OF WAY '^----^-------------- S --- !f0 CANAL —� LOOMN mo ann0amnu Mrtr McNAB BUSINESS PARK [� Associates, Ana rim IIOIA0lt�1 � .� Mau 10 01 03:05P Sahwebko-Shiskin (9541438-3288 P-2 w`OR BK 31835 PG 0667 r EXHIBIT DEVELOPMENT COMMERCM Totals 20 20 20 $ 28,000 $ 36,000 20 Note: Each unit will have one male & female Bathroom with flush tank toilets. Each bathroom is equal, to 5_, fixture units per the South Florida Building Code. The total fixture units for each unit will be 10. South Florida Building Code allows for up to 18 fixture units on a 518" meter. Water ERC's = 20; Sewer ERC's - 20; 20 5/8" Meters; water CIAO Pao = $28,000 Sever CIAC Fee w $36,000; Total CIAO - $64,000 9612M 21 1Nir end sayrer Dwrbpw� Aprasn+.n! EXHIBIT 1 TEMP. RESO. # 9374 OR 8K 31835 PG 0669 QV L.N. 1ti P^' 7I PL vyi TR1I BAILEY G� LN. d i WE apt w G PERIW NKEL L "W rti y EA H CAPTIVA HISCUS LN.Of iI 76 S 7 10 o g 3 PALM IDGE LN. Q 7d a H jEWEL BOX LN. NGEL WING DR. o TEE MCNAB ROAD PLAT TAMARAC MARKET ...... ........ ...... PLACE SITE LOCATION ZEPHYRHILLS LOVESHAW I.T.W. MIMA 67 ST SUNBELT MEDIAONE w PRECISION w r ARCH ALUMINUM A w w GC ar w CULLIGAN _j w WATER COMPANY _ w W M W-1 6w O vw __ f PUBLIC SERVICES LAND SEC. COMPLEX Q 7 a � W 0. H W PROPOSED STATE STREET w x a W > WESTP❑TNT ,� MCNAB BUSINESS PARK.DWG MCNAB BUSINESS PARK WATER AND SEWER DEVELOPER'S AGREEMENT OR BK 3183S PG 0670 Temp. Reso. #9374 April 23, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- 143 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 INDUSTRIAL DEVELOPMENT COMPANY OF AMERICA, L.L.L.P., FOR THE MCNAB BUSINESS PARK PROJECT, LOCATED ON THE SOUTHEAST CORNER OF MCNAB ROAD AND HIATUS ROAD FOR TWENTY NON-RESIDENTIAL WATER AND SEWER BUILDING CONNECTIONS REQUIRING 20 ERC'S FOR WATER AND 20 ERC'S FOR SEWER; REQUIRING THE PAYMENT OF $64,000`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, the developer, Industrial Development Company of America, L.L.L.P., is constructing twenty non-residential units for the McNab Business Park Project, located on the southeast corner of McNab Road and Hiatus Road (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, the developer has offered a Water and Sewer Developer's Agreement to the City of Tamarac for the McNab Business Park 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 20 ERC's for water and 20 ERC's for sewer for a combined CIAC fee of $64,000.00 as required by Resolution No. R-9$-136; and w Oft BK 31935 PG 0671 Temp. Reso. #9374 April 23, 2001 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 CIAC fees required for the McNab Business Park 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 Industrial Development Company of America, L.L.L.P., for the McNab Business Park 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 Industrial Development Company of America, L.L.L.P., for the McNab Business Park Project, located on the southeast corner of McNab Road and Hiatus Road and collect the contribution charges in the amount of $64,000.00. 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 herewith are hereby repealed to the extent of such conflict. E OR SK 31835 PG 0672 Temp. Reso. #9374 April 23, 2001 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: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13 day of61'c.L, , 2001. ATTEST: 7)h'L��)JIA MARION SWE SON, CMG CITY CLERK I HEREBY CERTIFY thayl have aooroved this ORDINA14CE as 1114 TCHEL'L S. hRAF CITY ATTO EY RGH)Mlmg JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHRIEBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF _ DIST 4: COMM. ROBERTS