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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 1 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 BAILEY RD " (62 ST) s� E BU KEYS CT S C X. \\ \ L� BANYAN w BER DA Cz LLJ COND S li \� o SITE LOCATION \\ \\. AND SEC. 11 b �\ \ > \ 57 CT \ Q FAITH o BERMUDA cu UNITED � Q CLUB �o HURCH 57 CT 57 ST W❑❑DL U LD MEAD❑y Wz �Q �q J Q F-Q�w o-1 2: z� z pq w Q a- Q j W L(� 0 3 CMMER IAL BL WHITE ❑AK C (CO RD, 87 --_, L,j ( CL 56 ST 56uv S 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 Description: Broward,FZ Document -Book. Page 14092.238 Page: 1 of 21 e�P+tip girder: 767186 Comment: N'B'LD 311412005 -- -• P► m i 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- ' -R- 110TA11u 'NM ■ $M 0. „ i 1 N 1 i N: 11 *' Description: Broward,FL Document -Book. Page 14092.238 Page: 2 of 21 Order. 767186 Comment: NEED 311412005 ':�� �`'`'f ` "•'ilr..yrt+� ; �: n 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 Description: Broward,PL Document-Book.Page 14092.228 Page: 3 of 21 Order: 767186 Comment. NEED 311412005','"'% w .�. .,� .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$Y to the City. GUARANTEED REVENUES when due, at the gates in effect when due, as amended from time to time. 06jkhANTEED R at ague tothe minimum service availability charge II - _ _4.. Description: Broward,PL Document -Book .Page 14092.238 pager 4 of 21 girder: 767186 Comment: NEED 311412005 rm C I ri I foe water and newer service. GUARANTEED REVENUES are due and payable monthly. 2. The payment of GUARANTIED REVENUES required by this Agreement shall commence six (6) months after the effective date of this Agreement. Has a plat for the property been recorded with Hroward County YES %X*NO. if NO, then GUARANTEED Rzvnu IRS commence one (1) year Af t O effective date of this Agreement. GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to the PROPERTY unless otrierwi *Its iofshedpr cessiof ie pia�fed 3. if initi erect water aq sewer servir:e iet �>a! whl i at,�7 _* CITY. However, If -a-6-counts—are open in the . .,C s name a o without a new account being established, the GUARANTEED REVENUES shall resume. 4. The parties acknowledge the GUA u%xTRED REVENUE payments j made by the DEVELOPER, shah, be considered as revenue (income). J. MOpI'F CATION TO CI '$ 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. . description: Broward,PL Document -Book. Page 14092.238 Page; 5•of 21 order: 767186 Comment: jg91 ) 3/14/2005 """ 1 . 1 1 I 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 Na -a W Description: Broward,FL Document -Book. Page 14092.238 Page: 6 of 21 Order: 767186 Comment: NEED 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 ward FL Document-Book.Pagew14092.238 page: 7 of 21 Description: Bro „ order: 767186 Comment: NZXD 311412005 M-n C)"n CD 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 A IL Description: Browaard,FL Document-BOok.Page 14u09.2.238 Page: 8 of 21 7rder: 767186 Comment: NEED 311412005 6 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 1 k 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 $RC , s allocated to each building, the number of meters per building, and the'meter sixe(s). EXHIBIT "E- "' facilities it requiof red bytCiter yr sower Engineer, if applicable. _. Included Not Included X w" n-n w � N Description: Broward,PL Document -Hook. Page 14092.238 Page: 12 of 21 order: 767186 Comment: NZ1W 3/14/2005 -- IN WITNESS WHEREOF, the parties hereto have cause: these presents to be Bxeputed on the day and Y OWc CITY OF TAMARAC Signedr resena�and ng=delivered in the P ATT,7 CITY R ATTEST: CITY CL i I THE XOR DATE x BY CI NAND l: ;'1,11•�.�iYfY`3 DATE% /fly-�rgfv � 4 1 W_g,� 00rw, Tom•. �:tiS L DezcriPtfon: EroWard,FZ Document-8aok.Page 14092.238 Page: 13 of 21 Order: 767186 Comment: NEED 311412005 X tt� WITH ss W,I:TNESS t 4 S t• Wi�'N,ESS, - ir{ i t' moRTGAGRE (If Applicable) BARNETT BANK OF SOUTH FLORIDA, N.A. C.s� �viNP�R DATE* I -ia- �' Description: grcward,FL Document-Book.Page4'. , .238 page.:.•14 of 21 grder: 767186 Cpmument: NEgD 3/14/2005 �, r Itt #map I -I 1 1 STATE OF FLOItZDA COUNTY OF aRowARD ) &$ 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 ra r r t 1 li i 1 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;: M. _•;.,..-..• 1 1 . Zoe mI cry a %0 iV z r+•e cn w 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 n,n .p. CD TV m rs"n BE *tj41", • i i tI� 1 i + s sIU ' 1 ' I 1 • '� 1 I• 1 1 1 1 �„-�•r. 1 1 I I +y 1 4 U ; I s� �• 1 1 1 1 I. 1 1 0 i _ .. I � itfi��• �'" 4 j tea; let p r 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 .'. r I I 1 y • 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*• �n n-n O �D !V r+, L11 ..,.�..,,, , rr���� HIM I >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. 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