HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-076Temp. Reso. #11210
Page 1
May 11, 2007
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007-__L(a
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 COMMERCE
BANK, NA., FOR THE COMMERCE BANK PROJECT,
LOCATED AT 7001 WEST COMMERCIAL BLVD.,
REQUIRING THE ADDITION OF 9 ERC'S FOR WATER AND
4 ERC'S FOR SEWER AND AN ADDITIONAL $24,100.00 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, Commerce Bank, NA., have constructed the Commerce Bank Project,
located at 7001 West Commercial Blvd. (a copy of which is attached hereto in map form as
"Exhibit 1 "); and
WHEREAS, Commerce Bank, NA., have offered a First Amendment To The Water
and Sewer Developer's Agreement to the City of Tamarac for the Commerce Bank Project,
as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); and
WHEREAS, the First Amendment To The Water and Sewer Developer's
Agreement requires the addition of 9 ERC's for water and 4 ERC's for sewer and an
additional $24,100.00 in CIAC fees.
Temp. Reso. #11210
Page 2
May 11, 2007
WHEREAS, it is the recommendation of the Director of Public Works and the
Director of Utilities that the First Amendment To The Water and Sewer Developer's
Agreement be approved, executed and the payment of the CIAC fees required for the
Commerce Bank 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 First Amendment To The Water and Sewer Developer's Agreement with Commerce
Bank, NA., for the Commerce Bank 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 First Amendment To The Water and Sewer Developer's Agreement (a copy
of which is attached hereto as "Exhibit 2") with Commerce Bank, NA., for the Commerce
Bank Project, located at 7001 West Commercial Blvd.
SECTION 3: The City will collect an additional $24,100.00 in contribution
charges prior to the issuance of the final Engineering Certification.
SECTION 4: The City Clerk is hereby authorized and directed to record
said agreement in the Public Records of Broward County.
1
1
Temp. Reso. #11210
Page 3
May 11, 2007
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 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of June ,
2007.
BETH FLANSBAUM-TALABISCO
MAYOR
ATTEST:
1 64'\" ','LAC AOZ kRECORD OF COMMISSION VOTE:
ARION SWENS6N, CMC MAYOR FLAN BAUM-TALABISCO��f2CITY CLERK DIST 1: COMM. PORTNER PM e
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SULTANOF
Ail e-
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
F� M L EN
CITY A ORNEY
Temp. Reso. No.#11210
CITY OF TAMARAC Q Scale: N.T.S J"' NZ
PUBUC WORKS DEPARTMENT
ENGINEERING DIVISION SHEET 1 OF 1
s
COMMERCE BANK
FIRST AMENDMENT TO THE
WATER & SEWER DEVELOPER'S AGREEMENT
TR#11210
& �i %i
❑FCS, 64 ST �/ �///./
64 ST %
Q PLAT > -/
a 63 CT j.
63
n a a >
I --I ch cu CT
ry 63 ST
G Li 63 ST
E
>
SAINT
62 ST
62 STW %) 62 ST
z
MALACHY
w >
> 7
co
i
J❑HN
~ ¢ Q ¢
o Us
%• 61 ST 3
x
~
H❑RAN
TER,
c+T
> n n
n va
/ g �
61
ST
>
n N ANDS SE
10 60 CT
NATI❑NS
BANK
60 ST
60 ST
SITE LOCATION
%
59 ST %/j
vL
vL /j j 59 ST
59 $%//%% • jj%
o
co a
w 58 CT
¢j
ST
nwn58
n
58
S8
>�� > ST >
0
w(4
57 PL
g
a W
BIG LOTS
MAI14L D
S 9¢
Fw.. > `0 co `0 57gDR r-
N
PLAZA
57 DR
57 .�
ra
. MA NLA DS SEC 8
z
57 CT 57 CT
I'
z
w
A
57 ST
' z
Z) v-0 BLATT
¢
w L7 z
L3 ¢
MARKETPLACE C4 o
� �
Z) PLAT M
LD z
A r w
z
'� Z
�&
❑F w
u �a
n
Y
m <
LO A
TAMARAC > Lo
C❑MMERCIAL
BLVD
REVISIONS
y,.y■ qa s, r.
sa.
wer s/ro/bf
COMMERCE BANK
EXHIBIT
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
SEC. 10, 7WP. 4e, RCE. 41
N.
°-
Ipnwl BFDNe
Exhibit 2 TR. 11210
FXHIBIT 2
FIRST AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: COMMERCE BANK
(Name of Development)
This AMENDMENT TO AGREEMENT, made and entered into and between the
City of Tamarac, 7525 Northwest 88t" Avenue, Tamarac, Florida 33321, hereafter call
"CITY" and Commerce Bank NA having an address at 2130 Centre Park,_WPB, FL
33409, 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 May 2, 1980, said agreement recorded on O.R. Book 9093 Page 962
of the Public Records of Broward County, and;
WHEREAS, the parties desire to modify certain terms contained in that
Agreement.
1. The First Amendment to the Water and Sewer Developer's Agreement establishes
the addition of contribution (water) & (sewer) charges. The new Contribution In Aid of
Construction (CIAC) Fees and Equivalent Residential Connections (ERC's) are listed
below:
2. Schedule D of the Agreement pertaining to the cost of CIAC fees is hereby
amended and modified as follows:
The existing meter connection of 5/8" to which equals one (1) ERC connection
will be granted credit by the City. However all and any upgrade or addition to the
existing connecting will render the collection of contribution of both water and
sewer charges for commercial use. Those charges will be calculated according to
rates set forth by the City Council and shall be in force at time of execution of this
Agreement. The following schedule is now in force;
Water Contribution $1,700,00 per ERC
Commercial
(Sewer) Contribution $2,200.00 per ERC
Commercial
981 20g 1 Amendment to Water and Sewer
Developer's Agreement
4. Except as expressly modified and amended hereby, the terms and provision of
the Agreement shall remain unchanged, and in full force and effect, and the same are
hereby ratified and confirmed:
5. This instrument may be executed in counterparts each of which shall constitute an
original known as Exhibit A and together shall continue one and the same instrument.
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)
ORIGINAL CONTRIBUTION:
1 Non -Residential ERC's @ $350.00 Per ERC = $350.00
FIRST AMENDMENT CONTRIBUTION:
9 Non -Residential ERC's @ $1,700.00 Per ERC = $15,300.00
SUBTOTALS: ERC'S =9 WATER CIAC FEE = $15,300.00
CONTRIBUTION (SEWER)
ORIGINAL CONTRIBUTION:
1 Non -Residential ERC's @ $550.00 Per ERC = $550.00
FIRST AMENDMENT CONTRIBUTION:
4 Non -Residential ERC's @ $2,200.00 Per ERC = $8,800.00
SUBTOTALS: ERC'S =4 SEWER CIAC FEE = $8,800.00
TOTAL CIAC FEE = $24,100.00
2. Part III (A) of the Developer's Agreement is amended to read as follows:
981208 2 Amendment to Water and sewer
Developer's Agreement
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 9 ERC's of water service and 4 ERC's of sewage treatment plant capacity
for DEVELOPER.
3. All other provisions of the Developer's Agreement are hereby ratified.
4. This amendment shall become effective on the latest date of execution by a party
hereto.
981208 3 Amendment to Water and Sewer
Developer's Agreement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By: cL ► 0av
- FZMarion Swenson, CM
City Clerk
STATE OF FLORIDA
:SS
COUNTY OF
ACCEPTED BY CITY OF TAMARAC
GRANTEE
BY: 99 6a►
Beth Flansbaum-Talabisco
Mayor
Date:
By:
Jeffrey L'" Miller
L� City Manager
Date: �� 15 (2)
Approved as to form:
By:
(� 0am I S. are ,
City ttorney
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
�ei1�rix►�rnTc�l�br�co+�el%u/�il�l- me known to be the person(s) described in and
who executed the f regoing Instrument and acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this day of ... Jt,ne ,
20a.
/)Personally
known to me, or
( ) Produced identification
J �-A n OD
NOT RY PUBLIC, Statb of Florida
at La e
Marion sOOM
My compression DD200M
Expires October 24.2007
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( DID NOT take an oath
981208 4 Amendment to Water and Sewer
Developer's Agreement
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first above written.
(OWNER) Commerce Bank, NA
Itness Type Nam rltl U F7-,e4e q 14,q A)
Type Name
. L� I a 0/0
Witness
Type Name CRYSTAL PRETTACK
STATE OF FLORIDA
SS
COUNTY OF X0w
Type Name/Title
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 -- L executed the same.
WITNESS my hand and official seal this ! day of
20.Q7.
SUSL SHEIKH
_Notary pLiblic - 5tatt of F
F r,Ur^MyCcrtunr1?nFxp�3
sDec1nria
C
Bommission # DD 376093
ond�cy gy Naflonol Notprygssn. I
( ) Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (.
)NOTARY PUBLIC, 9tate of Florida
at Large
H
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
AMrdment to WOW and Sew
I]e"lopees Agreement
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
MORTGAGEE (If Applicable)
-32
Type Name
President
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
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or ( ) DID NOT take an oath.
981208 6 Amendment to Water and Sewer
Developer's Agreement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, Saul Strachman do hereby affirm that I am thefee.simple owner
of of 7001 w.Commercial„Blyd,Tamarac and that I have executed a Water and
Sewer DEVELOPER'S Agreement with the City of Tamarac for Commerce Bank
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.
STATE OF FLORIDA
SS
COUNTY OF Q,r ,,, A
FURTHER AFFIANT SAYETH NOT.
(Signature)
This 1 day of vAAQS� 120 U'r
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared Gi,, .\ SA-c-ac�\wqto me known to be the person(s)
described in and who executed the foregoing instrument and he- acknowledged
before me and under oath that _ �t _ executed the same.
WITNESS my hand and official seal this V day of � ,
20 a.
( Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Flori
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
981208 7 Amendment to Water and Sewer
Developer's Agreement
FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPERS AGREEMENT
DEVELOPMENT: COMMERCE BANK
ORIGINAL METER SCHEDULE
SCHEDULE "D"
USAGE
NO. OF
METERS
METER
SIZE
# OF ERC's
WATER
CIAC FEES
SEWER
CIAC FEES
TOTAL
WATER
SEWER
Domestic
1
5/8"
1
1
$350.00
$550.00
$900.00
Irrigation
0
0
0
0
0
0
0
Dum ster
0
0
0
0
0
0
0
TOTAL.
1
5/8"
1
1
$350.00
$550.00
$900.00
FIRST AMENDMENT METER SCHEDULE
SCHEDULE "D"
USAGE
NO. OF
METERS
METER
SIZE
# OF ERC's
WATER
CIAC FEES
SEWER
CIAC FEES
TOTAL
WATER
SEWER
$1,700.00
$2,200.00
xxxxxxxxxx
Bank Bldg.
1
1-1/2"
5
5
$8,500.00
$11,000.00
$19,500.00
Irrigation
1
1-1/2"
5
0
$8,500.00
0
$8,500.00
Dum ster
0
0
0
0
0
0
0
Credit
1
5/8"
-1
-1
-$1,700.00
-$2,200.00
-$3,900.00
TOTAL
2
1-1/2"
9
4
$15,300.00
$8,800.00
$24,100.00
A credit of (1) ERC will be credited for
r ana Sewer connection
Will be resoonslbie
TOTAL ERC's OF AMENDMENT (WATER) 9 (SEWER) 4
TOTAL AMOUNT DUE FOR WATER: $15,300.00
TOTAL AMOUNT DUE FOR SEWER: $8,800.00
TOTAL ERC's OF AMENDMENT (WATER) 9 (SEWER) 4
TOTAL AMOUNT DUE: $24,100.00
DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = 0 ERC's (SEWER)
981208 8 Commerce Bank Amend to WSDA.doc
THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER AT 8" DIAMETER
AT 6" DIAMETER AT DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. 3
4 ERC'S - 1.33 SITE ACRES = 3.0 ERC'S/SITE ACRE
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED
ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA
BUILDING CODE FOR THE INTENDED USE.
SEAL . P.E. #
TYPE NAME
981208 9 Commerce Bank Amend to WSDA.doc
Exhibit "A"
DESCRIPTION:
TRACT A, TAMARAC FINANCIAL PLAT, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 104, AT PAGE 49 OF THE PUBLIC RECORDS OF
BROWARD COUNTY. SAID LANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA, CONTAD41NG 57,966 SQUARE FEET MORE OR
LESS.
E}{hibit "A" 0962(1806x311U2tift)
COPY
80-252787
DEVELOPER`S -AGREEMENT
Commercial Induslfial Project
FOR
- 'LM1NJ6(: [INANCT81, PLAT
THIS AGREEMENT. made and entered Into this 2nd day of Ma ,
1980 by and between the City of Tamarac. a municipal corporation of He tate
of Florida, hereinafter called "CITY" and NNANCTAI, IT.DFRAl, sAvrNrs_nrrn_
natter ca
WITNESSETH:
WHEREAS, CITY is the owner and operator of a water treatment and
sewage treatment plant, together with water distribution and sewage collet- ,
tion facilities known as "TAMARAC UTILITIES WATER AND SEWER SYSTEM"; and
WHEREAS, DEVELOPER owns or controls certain property in Broward Y
County, Florida, as hown and described in EXHIBIT "A" attached hereto and
made a part hereof; and all references hereinafter contained to DEVELOPER'S
property mean the property herein referred to; and
WHEREAS, DEVELOPER is desirous of procuring water service or sewage
disposal service or both from the CITY for�aisavirics and.loan :association
hninch effjc - --
to be constructed on
OEVEL property; an
WHEREAS, the parties hereto desire to enter into an agreement setting
forth the mutual understandings and undertakings regarding the furnishing of
said water and sewer services by CITY to the property hereinabove referred to;
and
WHEREAS, this agreement and all stipulations and covenants are
acknowledged to be subject to the approval of every County, Regional, State
and Federal regulatory agency having jurisdiction of the subject matter of
this agreement.
NOW, THEREFORE, in consideration of the mutual covenants and under-
takings of the parties hereto and other good and valuable considerations, the
parties hereto covenant and agree subject to the above provisions of the fifth
preamble each with the other as follows -
I.
(A) The term DEVELOPER includes each and every owner of any parcel
of land located within the above described property for the purposes of this
agreement.
(B) DEVELOPER, at his expense and at no expense to CITY shall
design, construct and install all necessary water service and sewage collection
lines, over, through, under, across and past DEVELOPER'S property in accord- n
ante with plans, specifications and engineering data as submitted by a Florida
registered engineer to be approved by the appropriate regulatory agencies Q
referred to above and by the City Engineer, or his authorized representative;
and said water service and sewage collection lines shall be, -installed and
connected to CITY'S existing .water service and sewage collection lines. all
of which work shall be paid for by the DEVELOPER. Such sewage collection
lines shall be installed at DEVELOPER'S expense and shall include, without
limitation, all gravity flog Mains. force mains, pump stations and lift
stations required for the furnishing of service to DEVELOPER'S property.
4/9/80
0963 (1726x2923x2 tiff)
1
I
I
(1C) The DRVRLOPER with pay to the CITY the sum of
nn for water or sewer contribution charges or Darn,
as applicable. calculate acing to rates sat forth in Paragraph (M). The con-
tribution charges are for 1 ERC's for water and RAC's for sewer. Said contribu-
tion charges shall be duct AFT -Payable upon execution of this Agreement by DEVELOPER.
fie obligation to pay the contribution charge is established by this contract, is a
contractual obligation of DEVELOPER, and DEVELOPER acknowledges the propriety of
this charge.
(T.) The CITY specifically covenants +nd agrees that for each and every
contribution charge for water on4t for sewer ERC's paid for pursuant to the terms of
this Agreement, the CITY shell reserve for the benefit of the lands described upon
EXHIBIT 'IA" in this Agracaont, one (1) ERC of hydraulic water and one (1) ERC
sanitary sewer plant capacity. Said sewer plant capacity availability is based
upon present plant and upon the continued future ability of the aroward County
Regional Wastewater Treatment Plant to accept Savage in accordance with an executed
Large Users Agreement. Sold reservation shall be good without any additional consi-
deration or payment therefor for a period of six (b) months from the date of this
Agreement. Said reservation shall inure to the benefit of any successors or grantees
of DEVELOPER only as to all or portions of the lands described upon EXHIBIT "A".
After six (b) months from the date of this Agreement, monthly guaranteed revenues
will become due and payable to CITY in accordance with EXHIBIT "C" attached hereto
and made a part hereof.
(H) The contribution (both water and sewer) charges for commercial was
shall be calculated according to rates set by the CITY COUNCIL as shall be in force
at time of execution of this Agreement. The following schedule is now in force.
CONTRIBUPION (Nat Ur
Commercial $350,00 par ERC
CONTRIBUTION Sewer
Commercial $S50,00 per ERC
The City Engineer has determined that the residential equivalency factor
for commercial uses is directly related to the size(s) of water mater(s) required
to serve these projects. Contribution charges for commercial uses of water and
sewer service shall be based on the sizes) of water metar(s) installed in accord-
ance with the following schedule:
Meter Sine IBsidential Equivalency Factor
5/9" x 3/4"
1
1"
2.5
IV
5
7n
B
311
is
411
30
61'
63
gll
90
The water mater(s) required to serve the development of the property
described upon EXdiIBIT "A" shall be at least the size recommended by the South
Florida Building Code, A certification by a Florida Registered Professional
Engineer that the above requirement is met is incorporated in this Agreement as
EXHIBIT 118" attached hereto and made a part hereof. Any variation increasing
the siza(s) of meter(s) required shall give the CITY the option of cancolling
this Agreement and requiring DEVELOPER to execute a now Agreement in order to
obtain services provided additional service is available.
(N) No connections are reserved to DEVELOPER until this Agreement
is fully executed and all contribution charges paid.
(0) Under no circumstances shall the CITY provide either water (except
construction water) or sower service to an area encompassed under a DEVELOPER'S
agreement when in fact, that area has not been completed, tested, certified,
Approved and accepted by CITY, sad As -Built drawings provided.
-S-
0964 (170U29174 tiff)
(C) DEVELOPER shall, at his expense, retain the services of the same
registered professional engineer who prepared plans and Specifications for the
water service and sewage collection systems for the purposes of providing nec-
essary inspection and supervision of the construction work to insure that con
struction is at all times in compliance with accepted sanitary engineering
practices and the approved plans and specifications, A copy
of each field
report shall be submitted to the City Engineer as each such
inspection is made.
Should there subsequently be cause or reason for the DEVELOPER to engage the
services of another registered engineer then DEVELOPER shall notify the CITY
within five (5) days of such engagement.
(D) DEVELOPER shall arrange for and hold a preconstruction meeting
with the City Engineer or his authorized representative, together with DEVELOPER.
or DEVELOPER'S engineer or contractor. Notification of said meeting shall be
made in writing and received by all parties seventy-two (72) 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.
(E) The work to be performed by DEVELOPER, as above provided for.
shall not be commenced until all plans and specifications covering the work to
bq performed are approved in writing by the City Engineer, or his authorized
representative.
(F) DEVELOPER shall notify CITY before any construction is begun and
at the times when inspections are required. Said notification shall be made
in writing and shall be received by the CITY at least twenty-four (24) hours in
advance of the time construction is begun or inspections due to be made.
(G) During construction and at the time when periodic inspections
are required, the City Engineer, or his authorized representative may be
present and DEVELOPER'S engineer, shall be present to observe and jointly
witness tests for determination of conformance to approved plans and
specifications.
(H) The work to be performed by DEVELOPER, pursuant to the provisions
set forth herein, shall be in accordance with all requirements of the regulatory
agencies having jurisdiction of the subject matter of this agreement.
(I) When the water service and sewage collection systems have been
satisfactorily installed, inspected, tested and approved in writing by the
DEVELOPER'S engineer, together with the City Engineer, or his authorized
representative. CITY shall thereafter maintain the water service system and
sewage collection system up to and within granted easements upon DEVELOPER'S
property without cost to DEVELOPER; provided the obligation of the CITY to
maintain the water service system and sewage collection system shall not take
effect until such time as DEVELOPER has conveyed title to said systems to CITY
which title has been accepted by the City Council, furnished the As -Build drawings
described in Paragraph (J) below, and furnished a one (1) year warranty bond to
guarantee all work as set forth in paragraph II (A).
(J) DEVELOPER shall, at his expense, furnish to the CITY one complete
set of reproducible As -Built drawings prepared by the engineer who designed the
water service system or by any other engineer retained by the DEVELOPERpro-
i
viding that the consent of the CITY for the retention of such engineer s first
obtained, Said As -Built drawings shall also be certified and sealed by the
engineer and shall show all pertinent information as to the correct location
of all mains, services, easements and appurtenances belonging thereto and
affecting the water service and sewage collection systems as constructed in
�»
the field, As -Built drawing information as to easements, the correct location
CC
CD
of all rains, services, grades, invert elevations, heights related to a known
datum, and all appurtenances belonging to the water and sewer installation, at
C4
option of the City Engineer or City Council shall also be certified, and sealed
by a Florida registered Professional Land Surveyor. Said As -Built drawings
submitted to the CITY shall be on transparent material approved by the Citycc
Engineer.
U?
s�
-2-
4/9/BO
0965 (175640754 tiff)
(P) DEVELOPER agrees to make full disclosure to any party
T.erirgahereof,lwithany
particular referenart of the cetoencompassed
anteed Revenues setthe
Exhibit "C'.
(Q) If this Developers Agreement has been submitted by DEVELOPER
and the contribution charge paid prior to site plan approval, it is understood
and agreed that said plyment and execution are voluntary acts by DEVELOPER which
shall not be a basis for a claim of vested rights in the event the site plan is
ultimately rejected. Payment of the contribution charges and execution of a
Developers Agreement and performance of those things required in the Developers
Agreement, Without more,shall not give any vested rights to DEVELOPER. In the
event that the site plan is rejected by CITY, DEVELOPER shall be entitled to
reimbursement of any contribution charge paid, and this Agreement cancelled and
of no effect. However, the City shall not be responsible for repayment of any
portion of the contribution charge not paid directly to CITY. This paragraph
Is not intended to waive any rights which DEVELOPER has from sources outside
of this Agreement,
II.
(A) No later than the time of completion. approval and acceptance of the
work required to be done, DEVELOPER shall, without cost to CITY:
0 ) Convey to CITY and its successors and assigns, by good
and sufficient EASEMENT DEED, in a form satisfactory
to CITY, a perpetua r g t, 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 or sewer service,or both,to the in-
habitants, occupants and customers in DEVELOPER'S
property and secure from each mortgagee and lienor a
release of mortgagees' and lienors' interest in the
easement and 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.
(2) Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER'S
right, title and interest n an to `aof the water and
sewer supply lines, mains, pumps, connections, pipes,
valves, meters and equipment installed up to and within
granted easements and right-of-way within the lands
described in EXHIBIT "A" attached hereto and made a part
hereof for the purpose of supplying water service and
sewage collection for the inhabitants, occupants and
customers in DEVELOPER'S property.
(3) Furnish CITY with an AFFIDAVIT that all persons, firms
or corporations who furnis�iierlabor or materials used
directly or indirectly in the prosecution of the work -^
required to be performed by this Agreement have been n
paid, or in the event of a dispute between the DEVELOPER Ca
and a contractor or subcontractor, furnish the CITY with
a BOND in the amount in dispute and in a form acceptable CA.
to tide City Attorney,
(4) Pay to the CITY any and all
applicable charges which shall
be due and payable prior to connection to CITY'S sewer Cz
system. Q1
(5) Furnish CITY with a satisfactory WARRANTY OR BOND in the
amount of 25% of the cost of the work n a ?or acceptable
to the City Attorney 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.
-4-
4/9/80
0966 (1687X3101x2 tiff)
III.
(A) CITY further covenants and agrees with DEVELOPER as follows.
(1) CITY shall make its best efforts to furnish water of the
quality and purity meeting the standards required by the
Florida Department of Health and Rehabilitative Service,
the Broward County Health Department and any other regulatory
agency having jurisdiction; and
(2) CITY shall make its best efforts to supply. at all times,
for the use of each of the properties connected to its water
system, a quantity of water under adequate pressure satisfactory
for domestic use at the customer's side of the meter; and
(3) CITY shall make its best efforts to furnish sewage collection
services as and when available within the CITY'S system upon
approval from the regulatory agencies.
The obligation of the CITY to furnish service other than con-
struction water shall not arise until DEVELOPER has completed construction of the
facilities required to be constructed by DEVELOPER pursuant to this Agreement and
has conveyed title to said facilities to CITY as provided herein.
IV.
(A) It is mutually covenanted and agreed by and between the parties
as follows:
(1) CITY shall have the exclusive right to furnish water and
sewage collection services to consumers within the area
covered by this Agreement; and
(2) DEVELOPER shall do all things and make all installations
and perform all work in accordance with the terms of this
Agreement; and
(3) 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; and
(4) DEVELOPER shall make no connections to the sewer system
until such time as he is notified in writing by the CITY
that approval by the regulatory agencies for sewer connections
has been obtained by DEVELOPER, his successors and assigns,
and the owners and occupants of buildings on DEVELOPER'S
property and shall within ninety 90) days of written notice
of the availability of sewer facilities, connect to CITY'S
sewer system and shall within ninety (90) days after receipt
of written notice be prohibited from installing, maintaining
or using septic tanks for the disposal of sewage from said
buildings; and
;-
(5) CITY shall have the right to promulgate from time to time
cc
reasonable rules and regulations relating to the furnishing
G3
of water service and sewage collection service to consumers
within the area encompassed by this Agreement. Such rules
and regulations may relate to but are not limited to rates,
Rl
deposits and connection charges and the right to discontinue
m
services under certain conditions. The water and sewer rates
Off]
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 (E..AS"�T WEST WATER AND SEWER
SYSTEM. DEVELOPER hereby acknowledges and agrees that rates
are subject to chbnge at any time by CITY; and
-5-
419180
0967 (176640814 tiff)
(6) CITY shall not be liable or responsible for maintenance
or operation of any pipes, pipelines, valves, fixtures
or equipment on ar,; of the properties of the customers,
consumers or users on DEVELOPER'S property other than the
water service lines and sewage collection system within
granted easements to CITY pursuant to Paragraph II (A) (1),
and
(7) Each consumer of water service or sewage collection service
on DEVELOPER'S property shall keep all water pipes, service
lines, connections and necessary fixtures and equipment an
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 ohcecur jat the consumer's side of the meter.but the
aabpv�aaneninoapplrfcaalet� tYcregul Mons; and � as set forth
(8) 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 there has first been
made adequate provisions for compensating CITY for such
water; and
(9) Any temporary cessations or interruptions of the furnishings
of water and sewer service to the property described herein
at any time caused by an Act of God, fires, strikes, casualties,
accidents, power failures, necessary maintenance work, break-
downs, 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 con-
tained herein or impose liability upon the CITY by the
DEVELOPER, his successors and assigns; and
(10) 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 any a separate, distinct -and in-
dependent provision and such holding shall not affect the
validity of the remaining portions hereof,
V.
(A) The provisions of this Agreement shall be binding upon and inure
to the benefits of successors in title to the real property described in this Agree-
ment as being owned by DEVELOPER. However, any other assignment or transfer of
DEVELOPER'S rights and obligations under this Agreement, is hereby prohibited,
(8) This Agreement shall be recorded among the public records of
Broward County, Florida; for the particular purpose of placing all owners or w 4
occupants of properties in DEVELOPER'S property connected to or to be connected toCM
said water and sewer systems of CITY upon notice of each and every one of the pro- a)visions herein contained to the same extent and with the same force and effect as C D
if said owners and occupants had joined with the parties to this Agreement in the 4,7
execution thereof; and the acquisition or occupancy of property in DEVELOPER'S r
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 F
become bound thereby.
(C) All prior Developer Agreements or Agreements pertaining to the
supply of water and sewer affecting the property described in Exhibit "A" are hereby
cancelled and declared of no force and effect upon that property which is the subject
matter of this Agreement.
-6-
A19/80
0968 (1698408W tiff)
VI.
Whenever either party desires to give notice unto 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, 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 far the giving of notice. to wit:
FOR THE CITY OF TAMARAC: 5811 Northwest 88th Avenue
Tamarac, Florida 33321
FOR THE DEVELOPER:
IV. V. Sehrooder, Property Manager
financial Federal Savings G Loan Assoc.
6625 Miami LakcS Drivo
Miami bakes, ITloridn 3.014
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.
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 govern-
mental or regulatory agency having jurisdiction over the subject matter hereof;
and in such event, this Agreement shall be null and void and enforceable by
either party vis a vis that portion of the DEVELOPER'S property for which CITY
cannot perform its obligations.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first hereinabove written.
Signed, sealed and delivered
in the presence of:
ATTEST:
Cify Manager l
ATTEST:
"City Clerk J e
n
17,
W TEPPMM
ies s N
THE CITY OF TAMA C
g V'l
yMAYOR
By-- —
qkTY MANAGER
DATE: �D
Approved as to form
DEVELOPE
DATE:
-7-
4/9/80
n�
C.i,�.
CD
CD
Cti7
cc
��.
0969 (1700X3109x2 tiff)
WTHES ^�
WITNESS
STATE OF FLORIDA
55:
COUNTY OF BROWARD
MORTGAGEE (If applicable)
By
DATE:
i
Before me personally appeared r.e. `l • : f ' �•• .'�� •r'r' .
o eme we known an known to me to the person s escri e n an who
xecuted the foregoing instrument, and acknowledged to and before me that
executed said instrument f8r the purposes therein expressed.
WITNESS my hand and official seal, this..% `day of 21/ •A.D. IgL�
Notary Public
State of Florida at.0.rgk
4
My commission expires:;fay
r L1i,'i C / '
:.:A.1 yt� -•h
STATE OF FLORIDA j ST,;"w
j S5:
COUNTY OF BROWARD ) 7
Before me personally appeared
to me wel I known and known to me to be the person s described n and who
executed the foregoing instrumFrat, and acknowledged to and before me that
executed said nstrument for t e purposes therein expresse .
WITNESS my hand and official seal, this•day ofa. A`q, 1.
�l't 7, 190 t L s( a. �`e3_L. t.. Ll _Z_1C1'1_.1: I�'
Y= Notary Public ° �- 6
State of Florida A Lira__
My commission expires:
STATE OF HVIDA
SS:
COUNTY OF BROWAR
Before me �onally appeared
to me wel I known and known to me e the perso s escr e n an who
executed the foregoing instrument, atkno dged .to and before me that
executed said instrument for t e purpos ra n expresse .
WITN=Comission
icial seal, is day of•
Notary Pi
res: State of
_B_
A.D, 19 .
t Large
4/g/Rn
0970 (1720)3063x2 tiff)
EXHIBIT "A"
co
pL'VGlC14'lili'S AGItG1it•11:VT
(Namo of Projccc)
rAMARAC FINANCIAL PI.A1
LAND SE•:C f IO\ 10
.\S ItffCORlllill IN PI.AP BOOK 10.1 PAGE 10
I1lt0WARU 1;OONI1 , vwIlI UA
0971 (174449404 tiff)
EXHIBIT "S"
to
DEVELOPER'S AGREEMENT
(Name of Project)
IVIARAC I- I4MC l AE. PLAT
M of ERC's - Commercial
- OXIi -
METER SCHEDULE
SIZE
S/ BPI
SERVICE
BR,VW( OFFECO BUILDING
0973 (1683x30774 tiff)
EXHIBIT '0
GUARANTEED REVENUES
1. Implementation: Upon receiving a "Certificate of Occupancy" for
any unit, or six (6) months from the date of this Agreement, whichever occurs
first, DEVELOPER agrees to pay the CITY monthly for Guaranteed Revenues based
upon the following:
(a) Payments for each unit covered by this agreement shall be
the service availability charge for water and sewer service for
each equivalent residential connection in accordance with
the rate schedule of the CITY as the same may be amended from
time to time.
(b) Guaranteed Revenue Payments shall commence on the first of the
month following the receipt of the Certificate of Occupancy,
or six (6) months from the date of this Agreement, whichever
shall occur first.
(c) As units are sold and the accounts are placed in the new owner's
name, the Developer shall be relieved of the responsibility
for the Guaranteed Revenue payments for that unit.
7. Treatment of Guaranteed Revenues: The parties acknowledge that
Guaranteed Revenue payments made by the DEVELOPER shall be considered as revenue
(income) on the CITY'S books. Under no circumstances shall Guaranteed Revenue
payments be considered contributions in aid -of -construction, It is further
recognized. understood and agreed that such Guaranteed Revenues are in lieu of
actual revenue from consumers for that interim period of time prior to the con-
struction and occupancy of dwellings and buildings.
3. Failure to Pay: Failure to pay the Guaranteed Revenues by the
fifteenth of eacT—mon—tF-shall be considered a default by DEVELOPER. CITY shall
send DEVELOPER a notice of delinquency by prepaid Certified Mail and failure of
the DEVELOPER to make the Guaranteed Revenue payment in full within seven (7)
days of the date shown on the notice shall constitute a default by the DEVELOPER
and any reserved plant capacity under this Agreement shall automatically be
rescinded and forfeited and any payments made to reserve such plant capacity
shall be applied against the outstanding Invoices for Guaranteed Revenues and
contribution charges paid shall be liquidated damages due the CITY.
q. Requirement to Pay., The requirement for the continued payment
of said Guaranteed Revenues shall to a covenant running with the land and shall
be a condition precedent to further service and binding upon the DEVELOPER, its
successors and assigns or subsequent owners holding by or through the DEVELOPER.
Failure to pay in a timely manner as set forth in paragraph 3 above shall be a
default,
UMADED IN NE OFFICVIE RECORDS DQCA
GF BROWAAD COUMM FLORIDA
GRAHAM W. WATt
COU41T ADµOISIAMOK
419/60