HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-193Temp. Reso. #11067
September 18, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006- as
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 FOUNTAINS
PROFESSIONAL CENTER, L.L.C., FOR THE FOUNTAINS
PROFESSIONAL CENTER PROJECT, FORMERLY KNOWN
AS THE FOUNTAINS CORPORATE CENTER, LOCATED ON
THE NORTHEAST CORNER OF WEST COMMERCIAL
BOULEVARD AND NW 62ND AVENUE, PROVIDING FOR A
REDUCTION OF 2.5 ERC'S FOR WATER AND SEWER
RESULTING IN 18.9 ERC's FROM 21.4 ERC'S;
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, Fountains Professional Center, L.LC., is the current owner of the
Fountains Professional Center Project, formerly known as the Fountains Corporate Center
(Parcels A,B,&C), located on the northeast corner of West Commercial Boulevard and NW
62"d Avenue (attached hereto in map form as "Exhibit 1 "); and
WHEREAS, a Water and Sewer Developer's Agreement currently exists reserving
21.4 ERC's for water and sewer to accommodate the Fountains Professional Center
Project (Parcel C) and the Safeguard Self -Storage Project (Parcels A&B), which were
previously combined as the Fountains Corporate Center (attached hereto as "Exhibit 2");
and
WHEREAS, the Fountains Corporate Center (Parcels A,B,&C) has been separated
into two independently owned parcels, Safeguard Self -Storage (Parcels A&B) and the
Fountains Professional Center Project (Parcel C), causing it necessary for Fountains
Professional Center, L.L.C., to execute a First Amendment to the Water and Sewer
Developer's Agreement to reflect the reduction of 2.5 ERC's of water and sewer provided
to the Safeguard Self -Storage Project; and
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Temp. Reso. #11067
September 18, 2006
Page 2
WHEREAS, Fountains Professional Center, L.L.C., wishes to create a First
Amendment to the Water and Sewer Developer's Agreement to provide for a reduction of
2.5 ERC's of water and sewer (attached hereto as "Exhibit 3" ); and
WHEREAS, this First Amendment to the Water and Sewer Developer's Agreement
with Fountains Professional Center, L.L.C., shall serve as the assignment of the "Water and
Sewer Developer's Agreement from the Fountains Corporate Center (Parcels A,B,&C) to
the Fountains Professional Center Project (Parcel C), and establish a new water meter
schedule for the Fountains Professional Center Project; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Director of Utilities that this First Amendment to the Water and Sewer Developer's
Agreement between the City of Tamarac and Fountains Professional Center, L.L.C., for the
Fountains Professional Center Project 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 accept and execute a First Amendment to the Water and
Sewer Developer's Agreement, providing for a reduction of 2.5 ERC's of water and sewer
for the Fountains Professional Center 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, providing
for a reduction of 2.5 ERC's of water and sewer for the Fountains Professional Center
Project
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.
Temp. Reso. #11067
September 18, 2006
Page 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 I day of 0effibet-, 2006.
�! ,A
BETH FLANSBAUM-TALABISCO
14141YOR
ATTEST:
lj��� , "
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
1
First Amendment To Water And Sewer Developer's Agreement
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Temp. Reso. No. 11067
CITY OF TAMARAC Scale: N.T.S
pMUC WORKS KNGTET RU HUNG DMSINOSHEET 1 OF 1
FOUNTAINS PROFESSIONAL CENTER
EXHIBIT 1
CITY 0► TAYARAC, 9ROWARD COUNTY. FLORIDA
Ax. MF naa: SEC. 11. TWr. 49, RGE. 41
Exhibit 2" f
Temp. Reso. No. 11067
" WATER Arlo §MM r
L)IMLOPER 0 S AGEMEMENT
87022881 Q°
FOR: FOUNTAINS C0RfqRATg PENTPEan
ame or DeveloPmenz)«a
GENERAL LOCATIONI C r
of 57th Street _
THIS AGRL"PMMM effective this 194 __- day of
198 „* made and entered into by and betweens
The CITY OF TAMARAC, at 5811 Northwest 88th Avenue, �
Tamarac, Florida, a municipal corporation of the
State of Florida, hereinafter called *CITY"
and
Michael A. Shiff, Donald T. SUtte, Jr.. Trustee
C
at 270I West OWand PArLQ12ulevard. oakla0d Park- FL _ 33311
hereinafter called "DEVELOPER".
� and
Michael A. Shiff D2ngld T. Eutle, Jr.. jj:ufiteP___.
at 2701 W. Oakland _ Park Blvd., (akl and ParJ_F_L333u,, _.
J.
hereinafter called "OWNER". _ r
i WITNaSS8T8 rnn
WHEREAS, CITY is the owner and operator of a water treatment and .P- f '
sewer treatment plant, together with water distribution and sewage C:2�
collection facilities known as "TAMARAC UTILITIES WEST WATER AND SEWER %0
SYSTEN" s and PJ
WHEREAS, DEVBWPER owns or controls certain real pproperty in HrZ �
ward county, Florida, as shown and described in >lbahibit "A" attached
hereto and made a part of hereofl and all references made in this tV
Agreement to PROPERTY shall refer specifically to DEVELOPER'S PROPERTY UJ
described in Exhibit "A" attached= and
WHEREAS, DEVELOPER and OWNER desire to procures 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 aeegarding the fur-
nishing of said water and sewer services for the PROPERTY $ and out
Paw. In/71Ac ' • '-, �IJGt 4
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WMREAS, thle Agreement and all stipulations and -covenants made
herein are acknowledged to be subject to the approval of every County,
Regional, State and Federal regulatory agency having jurisdiction of
the subject matter of this Agreement.
WHEREAS, CITY has received proof of payment by DEVELOPER of any
portion of contribution -in -aid -of -construction changes owed to third
parties, and which is attached as Exhibit "a";
WHEREAS, the City Council has approved this Agreeneent and has
authorized the proper city officials to execute this Agreement by mo-
tion passed at a regular City Council meting on ,
198 „(_
NOW, THEREFORE, in consideration of the mutual covenants and un-
dertakings of CITY and DEVELOPER and other good and valuable consider-
ations, these parties covenant and agree with each other as followsm
PART Y. DEPINYTIONS
A. The term DEVELOPER. shall refer to the Contracting Party in
this Agreement wha 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 descr bed as
If
DEVELOPER in not the owner, then the owner joins in th s Agreement
and agrees to be jointly and severally liable for the responsibilities
of the DEVELOPER enumerated in this Agreement.
H. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to in
this Agreement as ERC, is the assumed average daily flow of a detached
single-family residential unit.
C. The term PROPERTY, refers to the real property described in
Exhibit "A" attached to and incorporated into this Agreement.
D. The term GUARANTEED REVENUE refers to a fee paid by DEVELOPER
to defray the cost to CITY of maintaining reserve water and sewer sys-
tems. The GUARANTEED REV8NU8 is equal to the applicable monthly ser-
vice availability charge for water and sewer service.
PART II. DEVELOPER'S OBLIGATIONS
A. iN$TALL.ATzONS IN COMPLIANCE WITH SPECIFICATION
1. DEVELOPER, at his expense and at no expense to the City,
shall design, construct and install all necessary water distribution
and sewage: collection lines, over, through, under, across and past the
PROPERTY in accordance with plans, specifications and engineering data
as submitted by a Florida registered engineer to be approved by the
appropriate governmental regulatory agencies and by the City Engineer,
or his authorized representative; and said water distribution and sew-
age collection lines shall be installed and connected to CITY'S exist-
ing 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
i•: expense and shall include, without Limitation, all gravity flow mains,
force mains, pump stations and lift stations required for the furnish-
'
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110TA11u 'NM ■ $M 0. „ i 1 N 1 i N: 11
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litg of•services to the PROPERTY. At the time of submission of the
plans, specifications and engineering data by DEVELOPER to the city
Engineer, IF THIS AGREEMENT IS FOR TEEN (10) OR MORS ERC"S, DEVELOPER
shall 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
consulting engineers.
B. ONSRIETION AND SUPERVISION BX DEVELOPER'S ENGINEER
DBVRWPER shall, at his expense, and at no expanse to the
CzTY, retain the services of a registered professional engineer for the
purposes of providing necessary inspection and supervision of the con-
struction mark to insure that construction is at all times in compli-
ance 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 City Engineer. Should there be cause or reason for
the DEVELOPER to engage the services of registered engineer (other than
the design engineer) for inspections, then DEVELOPER shall notify the
City within fives (5) days of such engagement.
C. PRECONSTRUCTION MEETING
DEVELOPER and his Contractor shall arrange for and hold a
preconstruction meeting with the City Engineer or his authorized rep-
resentative. 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.
D. WRITTEN APPRO P CITY es OTMEER
The work to be performed by DEVELOPER, as provided in this
Agreement shall not commence until all plans and specifications cover-
ing the work to be performed are approved in writing by the City En-
gineer or his authorized representative. --
E. MGINEHRS PRESENT AT TEST
During construction and at the time when periodic inspections
are requires, the City Engineer or his authorized representative may be
present and DEVELOPER'S engineer shall be present to observe and wit-
ness tests for determination of conformance to approved plans and
specifications.
F. COMPLIANCE WITH APPLICABLE LAWS
The work to be performed by DEVELOPER, pursuant to they provi-
sions set forth herein, shall be in accordance with all requirements of
the regulatory agencies which have jurisdiction over the subject matter
of this Agreement as well as all applicable Federal and State Statutes,
County and CITY ordinances. The requirements of this paragraph shall
govern, re axdless of any errors or omissions in the approvesd plans or
specifications.
0. AS-SULLT DRAWINGS
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.�. .,� .sL» vwn adx1jens.s and at no expense to the
CITY, -furnis'h tb the CITY one complete set of reproducible Asp -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. 'Phis As -built drawings submitted to the CITY shall
be on transparent material approved by the City Engineer. As --built
drawings shall be certified and sealed by the DEVELOPER'S engineer and
t shall show 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 Plorida registered
surveyor as to the actual location of all surface features of these
systems and easements and rights -of --way which are part of or adjacent
to the PROPERTY.
H. CONTRIBUTION PAYMENTS_ FROM DEVELOPER
The contribution charges (both water and sewer) shall be
calculated according to rates set by Resolution of the City Council_
The contribution charges shall be computed based upon the
DEVELOPER'S representation on the approved final site plan for the
PROPERTY. A copy of said plan shall be reduced to 8-1/$" X 14" and
attached to this Agreement as Exhibit "C". Exhibit "D" is attached to
this Agreement and shall indicate the number of buildings to be bulls.,
number of residentia'i, non-residential and accessory units and ERC's
per building and the number of meters and meter sines.
f " payment of the contribution charges is a condition precedent
to the execution of this Agreement. The contribution charges appli-
cable for this Agreement are summarized as follows
CONTRIBUTION_ W TER
Residential. # Units X �0 ERC's Per Unit 0 $61G OQ Per ERC
Non-Resi.dentia:�r.40 ERC's 0 $616+_20 For EMC
Total ERC' 6 ' . rW(WATER )
CONTHI TEEN T O(SANU UN RED EIGHTY TWO DOLLARS AND FORTY CENTS)
Residential # Units X 0 ERC"s Per Unit 0 $1.082 Per ERC
Non--Resi.dentiia�.40 ERC_rs__1r$1,082 Per ERC
Total ERC'.8 SEf$ n)
(TWENTY THREE TH HUNDRED FIFTY FOUR DOLLARS AND EIGHTY CENTS)
The DEVELOPER iZ
aai to the CITY the sum of 36.337.20
(THIRTY SIX THOUSAND THRE HIRTY SEVEN DOLLARS AND TWENTY CENTS
for contribution charges.
THE CONTRIBUTION CHARGES ARE DUE AT THE TIME THIS AGREEMENT IS
APPROVED BY CITY COUNCIL..
I. GUARANTEED REVENUES
1. DEVELOPER shall p$Y to the City. GUARANTEED REVENUES when
due, at the gates in effect when due, as amended from time to time.
06jkhANTEED R at ague tothe minimum service availability charge
II - _ _4..
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foe water and newer service. GUARANTEED REVENUES are due and payable
monthly.
2. The payment of GUARANTIED REVENUES required by this
Agreement shall commence six (6) months after the effective date of
this Agreement. Has a plat for the property been recorded with Hroward
County YES %X*NO. if NO, then GUARANTEED Rzvnu IRS commence one (1)
year Af t O effective date of this Agreement. GUARANTEED REVENUES
shall be due for all UNITS/ERC'S assigned to the PROPERTY unless
otrierwi *Its iofshedpr cessiof ie pia�fed
3. if initi
erect water aq sewer servir:e iet �>a! whl i at,�7 _*
CITY. However, If -a-6-counts—are open in the . .,C
s name a o
without a new account being established, the GUARANTEED REVENUES shall
resume.
4. The parties acknowledge the GUA u%xTRED REVENUE payments
j made by the DEVELOPER, shah, be considered as revenue (income).
J. MOpI'F CATION TO CI '$ WATER OR SEWER P ILITIES MAY B
x
In addition to all other obligations at this Agreement,
DEVELOPER may be required by the CITY to make modifications to the
CITY's water and sewage syntems because of the development' a impact can
the systems. The modifications are set forth in Exhibit OR- and they
shall be performed by DEVELOPER prior to the issuance of the first
Certificate of Occupancy, unless otherwise provided in this Agreement.
K. R LIN VENT PAYMENT DEFAVI.T NOTICl3 OF RAFAULT
I. If any payment of GUARANMED 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 vzvzLOpIR to make the required payment in full within
seven (7) days of the date shown on the notice shall constituter a
default by the DSVW-OFZR.
2. Other than required payment of GUARANTEED REVENUES, if any
act re+q aired by this Agreement is not timely accomplished or if any act
prohibited by this Agreement is done, then this Agreement shall be in
default. Entice of default and the grounds four default shall be sent
to the DEVRLOPER by the CITY ass provided in Pax•e VI of this Agreement.
L. SANCTIONS ,AND PENALTIES
Should vzvo OPLR be in default of this Agreement, it is agreed
that the CITY shall have the right to exercise any of the following
sanctions or penalties$
r• I. The site plan for of the City Council. the property is voidable by Resolution
;.
3. No final ins t� Asetions shall be approved by CITY.
3. NO Certificate of Occupancy shall ba issued by CITY for
a any unit on the PnopERTY. .
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4» There shall be an interest penalty equal to the maximum
rate allowed by Florida State Law on any payments due to CITY from
Da EL.OPhR which are not paid. The penalty, when applicable, shall
accrue from the due date of payment as provided in this Agrasment. The
rate of interest shall be established by Resolution Of the City Coun-
cil.
S. The CITY shall be entitled tolien the PROPERTY
Ye under tandhis Agree -
close the lien in satisfaction of any Po ym0en
ts sent.
d. CITY shall be entitled to any other remedy at law and
failure to exercise any remedy shall not constitute a waiver Of said
remedy.
M. MXSC8UM_BOI)S DITIONAL Oi1LIGA XONB OF DEVE PUR
No later than the time of completion, approval and 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 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 DN"LOPER's PROPERTY in Connection with supply-
ing water and sewer service to the inhabitants, occupants and customers
in DEVSLOPER's PROPERTY and secure from each mortgages and lienor A
release* of mortgagees' and lienors' interest in the easement and fix
Lures thereon for so long as the easement is used for the operation,
maintenance, repair or replacement of water and sewer mains, pipes,
connections, puaspau and meters within the easements.
2. Transfer to CITY by BILL OF GALA ABSOLUTE all DZV9WPBR'8
right, title and interest in and to all of the water and sewer spply
lLneso mains,atPipes*
ieesmeters equipment
installed upto and connections*
ithingranteasementsand right-of
within
the PROPERTY and off --site improvements installed for -the purpose of
supplying water distribution and sewage collection for DEVELOPER'S
PROPERTY; and
1. Furnish CxTy with an AFFIDAVIT that all persons, firms or
corporations who furnished labor or materials used directly Or 'this
reotl.y ; n the prosecution of the wont required to be performed by
Agreement have besn paid, or in the event of a dispute between the
In tCITY with a
hePamount in dispute and Insa form acceptablentohthe CITY1 and BOND
4. Furnish CITY with a satisfactory I ssurety
r) tyOf bond or letter
rst Of tof
credit in the amount of twenty-five percent -
he
work, in a form acceptable to the CITY, guaranteeing all work installed
pursuant to this Agreement against defeats in materials, equipment or
construction for a riod of not less than one (1) year from date of
acceptance of same ► CITY.
g. Furnish City with T.V. inepeoti.on and air test performed
one (1) month before 1 year warranty period expires.
ere
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6. Install cleanout on consumer's sanitary service in accord-
ance with current Utility Standard Detail.
PART III. CITY'S OBLIGATIONS
A. CITY'S MAINTENANCE OF SYSTE14S AFTER CERTAIN CONDITIONS
when, at no cost to CITY, (1) the water distribution and
sewage collection systems have been satisfactorily installed, inspect-
ed, tested and approved and certified in writing by the DEVELOPER'S
engineer, together: with the City Engineer, 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. 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 21.4 ERC' S of
water service and 21.4 F.RCIS of sewage treatment plant capacity for
Developer.
S. SERVICE CONDITIONS ON LARGE USERS AGREEMENT
The CITY has entered into a "Large Users Agreement" with
Aroward 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 At result of COUNTY's action, the CiTY's sole obligation shall be to
refund DEV,ELOPER!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.
C. XMPCSSI9 LITY TO PROVZDB SERViCL
In the event that the CITY cannot provide sufficient service
as a result of the actions of any regulatory agency, then the CITY's
:role obligation shall be to refund DEVELOPER'S contribution charges as
described in this Agreement, for those units for which CITY is unable
to provide .capacity provided that DEVELOPER is not in default of this
Agreement.
PART I V . MUTUAL COVENANTS
It is mutually agreed by and between the parties that the pre-
ambles contained at the beginning of this Agreement are trues and
correct and in addition to them, it is mutually covenated and agreed,
as followers
irk A. ASSIGNMENT OF THIS AGREEMENT
+� In addition to binding DEVELOPER, the pravisionrs 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 they Public Records of Broward County, P'lo rida. How-
1 ever, any other assignment or transfer of DEVELOPER'S rights and obli-
; gations is prohibited unl eves
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1. Assignment shall be done in writing in the_same formality
as•thifii Agreement.
1. 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 thin 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 signed.
DEVELOPER agrees to make full disclosure to any party purchas-
ing 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 net forth in Section I of Part II herein.
B. REPEAL OF PRIOR AGREEMEN :$,
!
All prior DEVELOPER Agreements or Agreements pertaining to the
supply of Water and sewer Affecting the PROPERTY are hereby cancelled
r
and declared of no force and effect upon that PROPERTY which is the
subject matter of this Agreement.
PART V. ADDITIONAL MUTUAL COVENANTS
PARTICULARLY POR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER
1
It in mutually covenanted and agreed by and between the parties as
follows:
1
A. EXCLUSIVE RIGHTS OP CITY
CITY shall have the exclusive night to furnish water service
and sewage collection service to consumers within the PROPERTY covered,
by this Agreement.
S. WRLI.S PROHIDITMP EXCEPT FOR._zRnrq&T1om _
DEVELOPER, his successors and assigns, and the owners and occu-
pants of buildings on DEVELOPL'ROn PROPERTY shall not install or main-
tain any watOr wells except for irrigation purpases.
C. PRqHU&2ATXON OF RRASONABLE RULES OF SERVICES
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
=C
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 hewer rates to be charged by CITY to said customers shall be the
41
rates now or hereafter charged to other customers within the area of
C
service of TAMARAC UTILITIES WEST WATER AND SEWER SYSTEM. DEVELOPER
�
hereby acknowledges and agrees that raters are subject to change at any
n
time by CITY.
D. CM NOT LIABLffi FOR DEVE&SLPER' S OR ConSUMP.R' S PROPERTY
rr
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CITY shall s, fixtures orpnsible requipmentnce or
on any
o�ieration of any Pipes, pip
elines. valves,
of the properties of the customers, consumers or users on DEVET.OPER's
pRopERTy than he water
torvice lines CITY pursuantand to thisage AgreementCtion
E. EFFLECTI'VE DATE
unless otherwise specified in this Agreement, this Agreement
shall not be binding until fully executed, bat once executed, it shall
have a retroactive effect commencing from the date of the City Council
meeting at which it was approved.
F. OVER -SIZE METERS ON SINGLE FAMILY HOMES
It is assumed that a single family home on the PROPERTY will
be serviced by a 5/6--inch water meter. If a larger water meter is
needed, than the owner (whether DEVELOPER, Assignee or Homeowner) will
be charged additional contribution charges which must be paid at the
rate prevailing at the time of the application for larger meter for
additional ERC's, to accommodate the larger meter.
G. SYSTEM ON COL49UMER'S PROPERTY Mn BE KEPT IN GOOD WOT2KING
CONDITI,_
Each consumer of water service or aewage collection service on
DEVELOPBR's PROPERTY shall keep all water pipes, service lines includ-
ing 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 the
side Of
the meter but the obligation for themai.ntenanceof the consumer's lines shall be
an set forth above and in applicable city regulations-
H. CONDIT ONS ON FIRE HYDRANT USE
No water from CITY's water distribution system shall
be
used
or disbursed by DEVELOPER or his agents, through fire fiydranto
or water
m
ate, unless therephasnfirstmbeenomadeaadequateag1►'rovisionslfor compen-
sating CITY for such water.
I. OiSCLAIMER
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, strikers, casualties, accidents, power
failures, necessary maintenance work, breakdowns,. damage to equipment
or mains, civil or military authority, riots or other cause beyond the
ccontrol ontainedfhereeinCITY nor shall
imposenot
liabilityitte uponathebreach
CITYof the provisions
by the DEVELOPER,
his successors and assigns.
J. SEVERAgILITY
If any section, subsection, sentence, clause* phrase or por-
tion of this Agreement is for any reason held invalid or unconstitu-
tional by any court of competent jurisdiction, such portion shall be
0 I +
Description: Broward.FL Document -Book .Page 14092.238 .Page: 9 of 21
Order: 767186 Comment: NBBD 311412005
ti
a
i
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t
y
rFortxons hereof. holding
deemed's GOPasateeheistin7ityand
of thee�mainingndent
shal
K, ItECORDTNG OF A[3REEMENT
purPublic
This Agreement shall be recorded by the CXTY artiaulaagr the
foss then p
_
Retards o! Haroward County, Florida,
of pa:opesrtles in l7EHELOf'rsPQfPC2'Tl'y
placing all owners or occupants
to or to be connected to said water and never systems
contained to
connected
upon notice of each and every one of the provisions herein
if said owners
etoothiss
the same extent and Dwith the ined withsame thefoparties x7cO and
Agreement in the
had PROPERTY in
and occupants of real
execution thereof] and the acquisition or occupancy
uo be connected to the; said water
DEVELOPER'S PROPERTY connected to or
of CITY shall be deemed conclusive evidence; of the
and accepted
and sewer systems d to
nt-s have obound ethereby.
have
thetAgreementehesaidreinocontained and become
�,. HOLD FIARNWESS pItOVISION
It is mutually Agreed that the CITY shall be held harmless
obligations under this
from any and all liability for damages if C2TY80
fulfilled as a result rulinor aer any
the
Agreement cannot be overy
having jurisdiction
other governmental or regulatory agency be null
subject matter hereof: and in such event. atreiardirgigoemantpshall
the
enforceable by wither party 4
its
and void and abiiyation.
DEVELOPER'S PROPERTY for which City cannot perform
M. CONTROL Op CROSS -CONNECTIONS AND SACK -FLOW
1. The purpose of this Section is to protect the public
cross -connections
water main against actual or potential
and back -flaw by isolating within the promises or
or has
llution tatoccurred
private Property contamination Po
because of some undiscovered or
or may occur
unauthorized cross -connection on the premises or private
Property.
2. POLICY
a. No water service connection shall be installed or
the. public water main
maintainers by the City unless
is by an Approved back flow Prevention
Code
protected
assembly as required by Florida Administrative
regulations, and thin Section.
=0
17--22, applicable DER
nMn
required herein
b. Any back --flow prevention assembly re q u
size approved by the
tea,
shall be of a model, type and
Director of Utilities for the City of 'Tamarac, or
'b'
his tDesignee, Utilizing acce3pte�' practices and
Water Works
�D
Standards established by the Amer..-►n
Association, AWWA C--506--78 or American Society of
Sanitary Engineers Standard 1024.
er
:1
c. Service of water to any premises shall be denied or
if a back -flow prevention
N
discontinued by the City
required by
yandis Section
V
assembly py
installed, tested, maintained: in Properly
Description: Hroward,?L Document -.Book -Page 14092.238 Page: 10 of 21
Order: 767186 Comment: NoED 311412005
.. — . ..-.. _ „. . d. _ _ . ...
f unctioning conaxtion, or Ll st lu ruusto that a
required assembly has been removed or -by --passed.
d. Single family residences shall be protected by a
dual check valve, which will be installed on the
outlet side of the meter by Tamarac utilities
Personnel prior to time of installation of meter.
This cost is included in motor installation fee.
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 at the preconstruction
meeting, based on planned water usage within the
Premises.
f. Reduced pressure principle and double chuck valve
assemblies shall be procured and installed by
Developer in accordance with the Standard Back -Flow
Prevention Detail Sheet, which is available at the
Tamarac Utilities Field Operations 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 from Tamarac Utilities. There
will be a charge of $50.00 for this testing. If at
the time of testing, the assembly is found to be
malfunctioning, the Developer will be notified and
waiter service will not be provided until such time
an the back -flow prevention assembly does pass
inspection. Each additional inspection will result
In an additional Inspection FEE of $50.00.
h. Annual (or at intervals -determined by utility
Director) Inspections and testa of back -flow
prevention assembly shall be perearmed by certified
tester from Tamarac Utilities eor a • FEE of $50 per
unit tar the rate in effect at time of test)-
Developer/Owner may elect to have tests performed
(with results submitted to utility Director) by a
state certified back --flow Inspector at
Developer/Owner expense.
PART VI. NOTXCS
wusmEVER either party desires to give notice to the other, it
shall be iven by written notice, sent by prepaid certified United
States magi, with return receipt requested, addressed to the party
for whom Win intended, at the place spheecified as the place for
giving of notice, which shall
lissremaiin sue until,
itshallhave been •�►
changed b provisions of .;a.
thing paragraph. For the present, the parties designate the p
following as the respective places for the giving of notices �p
N
MM
m
Description: Sroward,FL Document-BoOk.Page 14092.238 Page: 11 of 21 co
Order: 767186 Comment: NEED 311412005
POR TR8 CITY O1? '�LRAC s VOR THS D ELOPER
City Manager Michael A Shiff
5911 Northwest 88th Avenue Donald T. Sutte Jr, Trustee
Tamarac, Florida 33321 3701 W Oakland Park Blvd
Oakland Park, FL 33311
Notice sareequested,ssed and
shallsent
bebdeemed givenaid rw►heneit shall have
with
return receiptQ
been so deposited in the United States mail.
PART VXX. ADDITIONAL PROVISIONS
A. SXH
The following exhibits are attached, as part Of this
Agreement and are incorporated into this Agreements
93CHISIT -A- — Legal Description of PROPERTY
EXHIBIT -8- - Receipt from third party for a
portion of contribution charges
Included Not Included x
EXkiIBIT "C" - A Copy of the site plan of the
PROPERTY reduced to 8-1/2 inch by
14--inch page size.
EXHIBIT "D- -- A listing for the PRopnaTY indLcating
the number of $RC , s allocated to each
building, the number of meters per
building, and the'meter sixe(s).
EXHIBIT "E- "' facilities it requiof red bytCiter yr sower
Engineer, if applicable. _.
Included Not Included X
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Description: Broward,PL Document -Hook. Page 14092.238 Page: 12 of 21
order: 767186 Comment: NZ1W 3/14/2005 --
IN WITNESS WHEREOF, the parties hereto have cause: these
presents to be Bxeputed on the day and Y
OWc CITY OF TAMARAC
Signedr resena�and
ng=delivered
in the P
ATT,7
CITY R
ATTEST:
CITY CL
i
I
THE
XOR
DATE x
BY CI NAND l: ;'1,11•�.�iYfY`3
DATE% /fly-�rgfv
� 4 1 W_g,� 00rw,
Tom•. �:tiS L
DezcriPtfon: EroWard,FZ Document-8aok.Page 14092.238 Page: 13 of 21
Order: 767186 Comment: NEED 311412005
X
tt�
WITH ss
W,I:TNESS
t
4 S
t• Wi�'N,ESS, -
ir{
i
t'
moRTGAGRE (If Applicable)
BARNETT BANK OF SOUTH FLORIDA, N.A.
C.s� �viNP�R
DATE*
I -ia-
�'
Description: grcward,FL Document-Book.Page4'. , .238 page.:.•14 of 21
grder: 767186 Cpmument: NEgD 3/14/2005 �, r
Itt #map I -I 1 1
STATE OF FLOItZDA
COUNTY OF aRowARD ) &$
serores me personally appeared
to lie we own a owxt to me to a parsons dee,cri in an w o
exeptxated the torego! ng instrument, and aGknoaledged to and before _ me that
execat SZE32
WITNESS my hang and official
A.D. 19( .
�' •opn •spt +va3>r3s mn.� a�rop
V911101$ 0 31V12 0118nd ANVA01
My Comminsion expires:
seal, thie��day of ,t
State of Florida
�..nrn� r•r.••
STATE OF
FLORiDA
COUNTY Or BRONARD
sss
'
Before use personally appeared
Al
t o ma we
alt�ted
itnown an own
they fo a
Ye9 ing
to me 'to
frastr�len•C, and
a pergaon a de+acr to and o
acknowledged to
and before ;me..that
sx0cuted
80M Ins
//WITNESS my hand and official seal,, this Jx� day of
A.D. 19 �l�.
d `"., t ? J
o ary u c I
V;
state of Florida at L4'.•�.._
MY COMMIvelon Cxxpireas ray. •��
N01ARY t+lieU4' 3f7CTi O� wt�0�► • ,.esj��'� _
� X40M nM (OiiNNELA4i 1J MA
HM UND 4i'+sti S
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Description. Broward,PL Document -Book. Page 14092.238 Page: 15 of 21
Order: 767186 Comment: )WED 311412005
STATE OF PLOIZIDA �
COUNTY
OP BRCMARD j ss:
Belf'ore me personally appeared
00,
IL
me
exectutd
own a t11 me to pe to
the fa oIt�q Instrument,
1
and acknawl
dsend to before and who
9 +tee
execut
sa str that
n or Mne parposee there n
eacpressed.
iPITNESS ary rand and official Sea].,
this QG day of
My cam=issi*n expires;
G
�10_
4
%it_4_s PU
�
j
States of Florida'& Lpr '•'
War "nxe ;rare W nsitu
t
aal�caqu QN tire st= r I7.1aap
a[
new lm law-. 'c;:
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Description: Broward,PL Document -Book. Page 54092.23E Page: 16 of 21
Order: 767186 Comment: NSSD 311412005
i
Joinder to water end Sewer Developer's Agreement executed by
T.
the City of Tamarac ("CitY")r Michael A. SchifEand o ald Michael
,A
I Sutte. Jr., Trustee (collectively "Developer").
A. Schiff. Donald T. Sutte, Jr., Trustee ("Owner")-
IThe undersigned, Barrett Bunk of South Florida, N.A.
l ("dank"), hereby joins in the Water and sewer Developer's
Agreement to which this Joinder is attached for the purpose
of acknowledging and uor sene o if to all agreeing 1-hat he Mortgage terms nin
therein and for the p pos
favor of the Bank recorded in Official Records 'Book 13001.
at page 694, of the Public Records of Broward County, Florida,
shall be subordinate to any lien created in favor of the City
pursuant to said Water and Sewer Developer's lsaAsgreement . Joinder the
it
is understood and agreed that by executing
Bank does not subject itself to any obligations or liabilities
imposed upon the Developer and/or Owner pursuant to the water
+ and Sewer Developer's Agreement and the Bank is executing this
Joinder solely in its capacity as Mortgagee under said Mortgage.
BARNETT SANK OF SOUTH FLORIDAr N.A.
WITN
Vice President •• L. Bigelow
Titles
Dated s lYov mye 2
STATE OF FLORIDA � SS
COUNTY OF BROWARD)
SWORN TO AND SUBSCRIBED before me this nth day of
pgXoyet 198 6 cJ
NOTARY UBLIC
..
zz
My Commission Expires$
Dn: Broward,PL Document -Book.Page 14092.238 page: 17 of 21
Order: 767186 Comment: NES'D 311412005,
E chibit "A"
Legal Description and Location
DESCRIPTION
A FORTION OF TRACT 13L `FORT LA11DERDALE TRIU FARMS SUBDMSION% LYING IN SECTION
11. TDNNWW 48 SMM ROM 41 FAST. AS F1ECO1IDEO IN PLAT BOA( 4. PAGE 31 OF THE PUBLIC
R�OROB OF H WAWO MWFY. FLORIDA TOGETHER WITH A PORTION OF A 106.01) FOOT RIGHT -OF -NAY
ON= AS N.M. SYTH 51IEE1 AS RECOFM DR O.R. BOOK 3818. PAGE 606 OF THE PUBLIC RECORDS
OF BWOAH O COMM FLORIDA HET1I8 PORE PARTICU AiEY OESONRED AS FOLLOWS:
i7DH11 EtW AT THE SWTHOIEST O).W.) MINER OF SAID SECTION 11; THENCE
HV.00'0r16"Y., ALONG THE WEST LINE OF SAID SECTION It. A DISTANCE OF 53.01 FEET;
THEIHCE S.68'O2'05'E.. A DISTANCE OF 655.60 FEET TO THE POINT OF W_ 1_ THENCE
14.9O'57'552E.. A DISTANCE OF 300.00 FEET TO A POINT LYING ON THE SWTHER.Y LIVE OF A
106.00 FORT ow-W-PAY. KwA A5 N.Y. FITH SINT: THDa S.88'02'(15'E.. AM SAID
SWTTIFH>LV RIGHT-W-WAY. A DISTANCE OF 50.00 FEET TO THE POWs OF CURVAUM OF A CIAMM
CURVE TO THE RIGHT; 71ENE EASTEMY AND SOU►MLY ALONG THE ARC OF SAID SOUTHOLY RIGHT-OF-
WAY HAVING A RWIOS OF 300.00 FEET AND A CWRAL ANGLE OF 46'47'41". A DISTANCE DF 245.02
FEET; THEME N.4Y4510N.. WJM A LINE RADIAL TO THE LAST DESCRIBED CURVE; A DISTANCE OF
306.00 FEET TO 7WE MMHERWWT SO MWN Cmmm OF THE PLAT ENTITLED 'THE FOONTAD15'.
\ AS iED WO IN PLAT 9M 0& PAGE 44 OF THE F1 RAC RECORDS OF BAOYATD COWM FLOW"'
THEME 5.99'02'OVE., ALONG THE SOUTH LIVE OF SAID PLAT. A DISTANCE OF 303.97 FEET TO THE
SMMEW 1S.E.) CORNEA OF SAID PLAT; HENCE S.00'04'S)'E.. ALONG THE EAST LINE OF THE
AFOIEIEN MmW TRACT 1% A DISTANCE OF 271.00 FEET. TH OwE N_88'0215mv.. ALOM A LINE
60.00 FEET NORTH OF (AS MEASURED AT RIGHT MOLES TO) AND PARALLEL WITH THE SOUTH LINE
OF AFNESAID SECTION It. A DISTANCE OF 313-66 FEET TO A PODFF LYING ON THE ARC OF A
CIRCULAR WIVE TO THE RIGHT. AT WHICH THE RADIUS BEARS N.42'513'490M.; THENCE SOUTH MY AND
WESTFAY. ALM THE ANC OF SAM HtiRVE, HAVING A RADIUS OF 25.00 FEET AND A CEMRAL ANGLE
OF 4316'440. A DISTANCE OF 18.18 FEET TO THE POINT OF TANODW. SAID POINT ALSO LYING ON
THE NORTH LINE OF A 106.00 FOOT RIGHT-W-WAY (O.R. EMIOIf 1ri08. PAGES 7 AND 01 KNOWN AS
CONWRCIAL BW.EYANO: THDCE N.69'02'05'11.. ALONG SAID NORTH LINE. A DISTANCE OF 329.65
FEET TO THE POINT OF_ 6F_IWg1W8. SAID LAIRS SITUATE, LYING AND BEING IN THE CITY OF
TAMARK BWO M COWWTY. FLORIN AND CWTAIN M 4.037 ACRES, MORE OA LESS.
Location
wu�aT aono
Me
I
J7 I sirC MNIERCIAt. OLVO
;te�o � , AO G � � O
"
a
AeCT1004 10-40-41 MO *CALF
The Fountains Corporate Center
Description. Broward,FL Document -Book. Page 14092.238 Pager 18 of 2.1 iNH i
order: 767186 Comment: =ED 3/14/2005 a:' " 4::4.1 .. • . •. a
ANCO
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I f - if 7M FOLWTANO CORPMATE M.N.q� ri!
Exhibit "C" Site Plan
Fountains Corporate Center
�p u s• ra..r.._....
ui
99 lip
fit
Lei •f•r � R+{.}vyfg vti.�.. —, �
Description: Broward,FL Document-19O0k.Page 14092.238 ,Page: 19 of 21
7rder: 767186 Ccu=Ont: NEED 3/14/2005 '""'�'•,-• •.� ". T
i
t
TOTAL
S;ZE
1" (4. EtYSQU33m)
r
,PXHISST A
T'AMARAC K8jLll i_ _AND SEWSR_AiGREEM81_ ^IT
DEVELOPJ49NT THE FOUNTAINS CORPORATR CENTER
JOB NO. $6Mi
METER SCHEDULE FOR NON--RESIOENTIAL USE
ERC'S SERVICE USE
4 ® 5.35 ERC - 21.40 ERC C014 IIMCIAL OMCES
TOTAL ERC' S 21.40 ERC
-U1 p T REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES;
AT 4" DIAMETER
TURR AT 6" DIAMETER
AT 8" DIAMETER
AT "DIAMETER
3: HEREBY CERTIFY THAT THE NON—RESIDENTIAL WATER METERS LISTED ABOVE MEET
THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THEt ^..
INTENDED USE.kn
DOWLA.S C.
)M . REG. N� A
Description: Broward,FLDocument -Book..Page 14092.238 Page: 20 of 21
Order: 767186 Comment: NERD 311412005
.'.
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FOUNTAINS CORPORATE CENTER
OFFICE BUJILDININ
FEUMBING FIXTURES SUMMARY
FIXTURE TYPE
DRINKING FOUNTAINS
FLOOR DRAINS
LAVATORIES(SMALL P.O.)
SERVICE SINK
URINAL (WALL)
WATER CLOSET (F.V.)
NO. OF FIXTURES
2 x 1 ••
6 x 4
16 x I -
2 x 4 •
6 x 4
10 x 8 =
FIXTURE UNITS
2
24
16
8
24
$O
154
154 FIXTURE UNITS - 2" WATER METER W/2" WATER SERVICE
2" WATER METER - 15.45 E.R.C.
RETAIL BUILDING:
MINIMUM BAY REQUIREMENTS:
1 TOILET TANK TYPE X 15 BAYS - 15 x 4 TOILETS A 60 FIXTURE UNITS
1 LAV. X 15 BAYS - 15 x 1 LAV'S. - 15 FIXTURE UNITS
I D.F. X 15 BAYS - 15 x 1 D.F.'S. = 15 FIXTURE UNITS
90 FIXTURE UNITS TOTAL
1 WATER METER PER BAY - 15
15-5/8" METER = 15 x 1.45 E.R.C_/METER - 21.76 E.R.C.
a*•
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>eecription: Broward,FL Document-,BoOk.Page 14092.238 Page: 21 of 21
)x-der: 767186 Comment: NEED 31141200E ' •!!i ` -' .• -".!: '
"Exhibit 3"
Temp, Reso. No. 11067
FIRST AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Fountains Professional Center Project Parcel C formerly known as Fountains
Corporate Center (Parcels A,B,&C)
(Name of Development)
This AMENDMENT TO AGREEMENT, made and entered into and between the
City of Tamarac, 7525 Northwest 88th Avenue, Tamarac, Florida 33321, hereafter call
"CITY" and Fountains Professional Center, L.LC., having an address at 521 NE 11th
Avenue, Fort Lauderdale, Florida 33301, 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 September 26 1986 , said agreement recorded on O.R. Book 3918 Page 856 of the
Public Records of Broward County, and;
WHEREAS, the parties desire to modify certain terms contained in that Agreement.
This First Amendment to the Water and Sewer Developer's Agreement establishes a
reduction of 2.5 ERC's for water and sewer from 21.4 ERC's to 18.9 ERC's and
establishes a new water meter schedule (attached hereto as Exhibit ""D"). The new
Contribution In Aid of Construction (CIAC) Fees and Equivalent Residential
Connections (ERC's) are listed below:
This First Amendment to the Water and Sewer Developer's Agreement shall serve as
the assignment of the Water and Sewer Developer's Agreement from the Fountains
Corporate Center (Parcels A,B,&C) to Fountains Professional Center, L,L.C., for the
Fountains Professional Center Project (Parcel C).
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:
ggtzpg 1 Amendment to Water and Sewer
Developer's Agreement
ORIGINAL CONTRIBUTION WATER
21.40 Non -Residential ERG's @ $616.00 Per ERG = $13,182.40
FIRST AMENDMENT:
f 2.5)Non-Residential ERG's @ $1,400.00 Per ERC = N/A
SUBTOTALS: ERC'S =18.9 WATER CIAC FEE = N/A
ORIGINAL CONTRIBUTION SEWER
21.40 Non -Residential ERG's @ $1,082.00 Per ERC = $23,154.80
FIRST AMENDMENT:
(-251 Non -Residential ERG's @ $1,800.00 Per ERC = N/A
SUBTOTALS: ERC'S =18.9 SEWER CIAC FEE = N/A
2. Part III (A) of the Developer's Agreement is amended to read as follows:
PART III. CITY'S OBLIGATION
A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS
When, at no cost to CITY, (1) the water distribution and sewage collection
systems have been satisfactorily installed, inspected, tested and approved and certified
in writing by the DEVELOPER's engineer, together with the Director of Utilities, or his
authorized representative; and (2) when DEVELOPER has satisfied the conditions of
this AGREEMENT, then CITY shall thereafter maintain the water distribution system
and sewage collection system up to and within granted easements upon
DEVELOPER's PROPERTY. However, the CITY will only be responsible for the
maintenance of the sewer collection system from manhole to manhole and up to the first
cleanout of the service lateral within the granted easements and the CITY will only be
responsible for the maintenance of the water distribution up to the meter, fire hydrant, or
fireline service within the granted easements. The obligation of the CITY to furnish
water and/or sewer service other than construction water shall not arise until
DEVELOPER has completed the conditions contained in this paragraph. The CITY
shall reserve 18.9 ERC's of water service and 18.9 ERG's of sewage treatment plant
capacity for DEVELOPER.
981208 2 Amendment to Water and Sewer
Developer's Agreement
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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST
`By:
- ariori-Swenson, CIQIC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE:
By:
Beth Flansbau alabisco
Mayor
ate:
Jeffrey L. Miller �^
City Manager
Date: 10 1, � t�
as to form:
: SS City Attorney
COUNTY OF 4 U
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County afore aid to take acknowledgments, personally appeared
11me known to be the person(s) described in and
who executed the foregoing i strument and acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this day of OCLj,
20_L)6.
Personally known to me
Produced identification
DID take an oath
DID NOT take an oath
NOAARY PUBLIC, SteAe of Florida
at Large w-,,� Marion
MyVor w� EupUea October 24, Z*7
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
981208 3 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)
Fountains Professional Center, LLC,
Witnes ' a Florida limited liability company
Type Name
By: Howe Real Estate, Inc., a Florida
1 p corporation, its Managing Member
Witness
Type Name / 476)W 17twir bly By: c�•� W
J n W Howe, President
(corporate seal)
STATE OF FLORIDA
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, personally appeared Jason W.
Howe as President, who is personally known to me to be the person(s) described in and who
executed the foregoing instrument, who acknowledged before me that they executed the same on
behalf of the corporation, who produced their drivers' licenses as identification, and who did not take
an oath.
WITNESS my hand and official seal this At kof April 2006.
NOTARY PUBLIC, STATE OF FLORIDA
Printed Name of Notary
My commission expires:
(Notary Seal)
My commission no. is:
,,.% Gff1 Xnr K taw
STATE OF FLORIDA �of
COUNTY OF BROWARD COW*" N W sows
N, ' 6akl�d NNMW NOW AMW.
981208 4 Amendment to Water and Sewer
Developer's Agreement
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
By:
Type Na
�C VICF PsFeE*��
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF-BAP.✓A-P-A :
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 R �M�L7 _ to me know to be the person(s)
described in and who executed the foregoing instrument and I2 acknowledged
before me and under oath that -- executed tO same.
WITNESS my hand and official seal this _4day of ►� ,
2006.
(, d 44�
NOTARY PUB IC, State of Florida
a/tt Large
(Name of Notary Public: Prin tamp,
or BAN
a.p1� + 6 Coo EX� �1
( Personally known to me, or oo
( ) Produced Identification
Type of I.D. Produced
DID take and oath, or ) DID NOT take an oath.
981208
67
Amendment to Water and Sewer
Developer's Agreement
FIRST AMENDMENT TO THE WATER AND S „EWER QMLOEERS
AGREEMENT
DEVELOPMENT: Fountain&Professional Center (a.k.a. Fountains Com9ratenter
ORIGINAL METER SCHEDULE
NO. OF
METER
WATER
SEWER
USAGE
METERS
SIZE
# OF ERC's
CIAC FEES
CIAC FEES
TOTAL
WATER SEWER
Domestic
4
1"
21.4 21.4
$13,182.40
$23,154.60
$36,337.20
Total
4
1"
21.4
21.4
$13182.40
$23.154.80
$36-337.20
FIRST AMENDMENT METER SCHEDULE
NO.OF
METER
WATER
SEWER
USAGE
METERS
SIZE
# OF ERC's
CIAC FEES
CIAC FEES
TOTAL
WATER SEWER
* Safeguard
1
��
(-2.5) (-2.5)
WA
N/A
N/A
Self-Stora
Fountains
Professional
Center (a.k.a. Fountains
Corporate
Center)
Domestic
5
1"
12.5 12.5
$3 500.00
0
$3 500.00
Domestic
3
5/8"
3 3
0
0
0
Irrigation 1 1" 2.5
0
Total 9 (6)1" & 18
15.5 $25,200.00 $27,900.00 $63,100.00
3 518"
* 2.5 ERC's allocated to the Safeguard Self -Storage Project as part of Situ
Plan approval separating the Safeguard Seff-Storage Project (Parcels ASB)
from the Fountains Professional Center Project (Parcel C1. This Amendment
reflects a 2.5 ERC reduction from 21.4 ERC's to 18.9 ERC s for the Fountains
Professional Center (Parcel C).
TOTAL ERC's OF AMENDMENT (WATER) , 18 -- (SEWER) 15.5
TOTAL AMOUNT DUE FOR THIS AMENDMENT: D QO
EXCESS # OF ERC'S AVAILABLE: 0_9
091406 6 Am&xMw t to Wshr Wd 8rwar DewloWs AQrewnt
DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = Q ERC's (SEWER)
THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER 1 AT 8 "DIAMETER
AT 6" DIAMETER
AT "DIAMETER
SERVED BY WASTEWATER PUMP STATION NO.: 15-D
18 ERC's - 1.39 SITE ACRES = 12.95 _ ERGS ACRE
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE
MEET THE MINIMUM REQUIREMENTS OF THE FLORIDA BUILDING CODE FOR THE
INTENDED USE.
0914M
WA
TYPE NAME
�A,-
Amondmant to Water and Seww
Davabpar's A m«nm t
ti
EXHIBIT A
FOUNTAINS PROFESSIONAL CENTER
LAND DESCRIPTION
Parcel C of the FOUNTAINS CORPORATE CENTER PLAT, according to the Plat thereof, as
recorded in Plat Book 139, page 44 of the Public Records of Broward County, Florida.
LESS AND EXCEPT that part thereof lying within the following described parcel of land
conveyed for road purposes to State of Florida, Department of Transportation, pursuant to
Warranty Deed recorded in Book 36048, Page 609 and further described as follows:
A parcel of land being a portion of Parcels B and C, THE FOUNTAINS CORPORATE
CENTER, according to the Plat thereof, as recorded in Plat Book 139, page 44, of the Public
Records of Broward County, Florida, being more particularly described as follows: Begin at the
Southeast corner of said. Parcel. C; thence along the South line of said Parcels C and B, South
89°32'22" West, a distance of 258.18 feet; thence North 00°27'38" West, a distance of 13.42
feet; thence North 89°32'22" East, a distance of 205.1.4, feet; thence South 76°15'59" East, a
distance of 54.71 feet to the Point of Beginning.
Said lands lying and situate in the City of Tamarac, Broward County, Florida and containing
60,469 square feet (1.39 acres) more or less.
TOGETHER WITH Non -Exclusive Easement Rights created by Cross -Access Easement
Agreement dated August 20, 2002, and recorded August 21, 2002 in Book 33671, page 894, of
the Public Records of Broward County, Florida.
SURVEYOR'S CERTIFICATE:
This is to certify that this map or plat and the survey on which it is based where made in
accordance with the "Minimum Standard Detail Technical Requirements for ALTA/AGSM Land
Title Surveys," jointly established and adopted by ALTA, ACSM and NSPS IN 1999, and
includes Items 1, 2, 3, 4, 7a, 8, 9, 10, 11a and 13 of Table A thereof. Pursuant to the Accuracy
Standards as adopted by ALTA, NSPS and ACSM in effect on the date of this certification,
undersigned further certifies that proper field procedures, instrumentation and adequate survey
personnel where employed in order to archive results comparable to those outlined in the
"Minimum Angle, Distance and Closure Requirements for Survey Measurements Which Control
Land Boundaries for ALTA/ACSM Land Title Surveys."
This Survey complies with the Minimum Technical Standards as adopted by the Florida State
Board of Professional Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code
pursuant to 472.027 Florida Statutes.
Date of Last Field Work: April 29, 2005
CALVIN, GIOF,6ANO &
Signed--
State of
J.
& Mapper License Number: 4479
SHEET 1 OF 2 SHEETS
':\PNOECTS\2005\055187 PORTION OF THE FOUNTAINS CORP. CENTER\SURVEY\SKETCH\055162-Y-95-ALTA-FOINTAINS COMM 9NOY
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