HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-179Temp. Reso. #10508
July 23, 2004 1
Revision #1 August 10, 2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004 _/ I
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 TURNPIKE
CENTER ASSOCIATES FOR THE ISLAND CLUB
APARTMENTS PROJECT, LOCATED AT ISLAND CLUB
DRIVE AND NW 47T" TERRACE, TO PROVIDE FOR AN
ADDITIONAL 12.6 ERC'S FOR WATER AND 12.6 ERC'S
FOR SEWER AND REQUIRING THE PAYMENT OF
ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT
OF $40,320.00; 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, Turnpike Center Associates is the owner of the Island Club Apartments
Project located at Island Club Drive and NW 471" Terrace (attached hereto in map form as
"Exhibit 1 "); and
WHEREAS, on November 14, 1984 the City of Tamarac entered into a Water and
Sewer Developers Agreement with Turnpike Center Associates for the Island Club
Apartments Project (attached hereto as "Exhibit A to Exhibit 2"); and
WHEREAS, on March 26, 2003, the City of Tamarac via Resolution 2003-67
approved a site plan for development of the Island Club Apartments Project, providing
for an additional building and 18 residential units beyond those contemplated in the
original Water and Sewer Developers Agreement for said project, and
Temp. Reso. #10508
July 23, 2004 2
Revision #1 August 10, 2004
WHEREAS, Turnpike Center Associates wishes to amend the existing Water
and Sewer Developer's Agreement for the Island Club Apartments Project to
accommodate the additional units, providing for the addition of 12.6 ERC's of water and
12.6 ERC's of sewer and requiring the payment of additional contribution charges in the
amount of $40,320.00; 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 Turnpike Center Associates for the Island
Club Apartments 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 an additional 12.6 ERC's of water and 12.6
ERGS of sewer and requiring the payment of additional contribution charges in the amount
of $40,320.00 for the Island Club Apartments 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.
Temp. Reso. #10508
July 23, 2004 3
Revision #1 August 10, 2004
SECTION 2: The appropriate City Officials are hereby authorized to accept
and execute a First Amendment to the Water and Sewer Developer's Agreement (attached
hereto as "Exhibit 2") with Turnpike Center Associates providing for an additional 12.6
ERC's of water and 12.6 ERC's of sewer and requiring the payment of additional
contribution charges in the amount of $40,320.00.
SECTION 3: The City Clerk is hereby authorized and directed to record said
agreement in the Public Records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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.
Temp. Reso. #10508
July 23, 2004 4
Revision #1 August 10, 2004
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 251" day of August, 2004.
ATTEST:
lk-'/v at c i't a
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOLUTION as to form.
MITCHEL S.44RAFRNEY y
CITY ATTO
JED/DTM
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
Temp. Reso. No. 10508
CITY OF TAMARAC Scale: N.T.s N
PUBLIC WORKS DEPARTMENT SHEET 1 0 F 1 M
ENGINEERING DIVISION
W . E
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EXHIBIT 1
AM —BF Oak. CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
SEC. 14, TWP. 49, ROE, 41
Exhibit "2"
FIRST AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Island Club Apartments
(Name of Development)
Temp. Reso. No. 10508
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 Turngike Center Associates having an address at 12804 SW 122" Avenue,
Miami, FL 33186, 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 November 14, 1984, said agreement recorded on O.R. Book 12564
Page 435 of the Public Records of Broward County, and;
WHEREAS, the parties desire to modify certain terms contained in that
Agreement.
NOW, THEREFORE, in consideration of the mutual covenant and undertakings
of the parties hereto and other good and valuable considerations, the parties hereto
covenant and agree as follows:
1. Part II (H) of the Developer's Agreement is amended to read as follows:
CONTRIBUTION„ (WATER)
ORIGINAL CONTRIBUTION:
144 Residential ERC's @ $555.00 Per ERC = $79,920.00
2_,5 Non -Residential ERC's @ $555.00 Per ERC = $1,387.50
FIRST AMENDMENT CONTRIBUTION:
12.6 Residential ERC's @ $1,400,00 Per ERC = $17,640.00
SUBTOTALS: ERC'S = 159.1 WATER CIAC FEE = $98,947.50
981208 1 Amendment to Water and Sewer
Developer's Agreement
CONTRIBUTION (SEWER)
ORIGINAL CONTRIBUTION:
144 Residential ERC's @ $975.00 Per ERC = $140,400.00
2_5 Non -Residential ERC's @ $975.00 Per ERC = $2,437.50
FIRST AMENDMENT CONTRIBUTION:
12.6 Residential ERC's @ $1,800.00 Per ERC = $22,680.00
SUBTOTALS: ERC'S = 159.1 WATER CIAC FEE = $165,517.50
TOTAL CIAC FEE = $264,465.00
2. Part III (A) of the Developer's Agreement is amended to read as follows:
PART Ill. 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 159.1 ERC's of water service and 159.1 ERC's of sewage treatment plant
capacity for DEVELOPER.
3. All other provisions of the Developer's Agreement are hereby ratified.
4. This amendment shall become effective on the latest date of execution by a party
hereto.
981208 2 Amendment to Water and Sewer
Developer's Agreement
`�a
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
Marion Swenson, WC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANT E
By: C. .4
Joe IS,6hreiber
Mayor
te:. AIS 1 O U
Tky: C ��..�...
Jeffrey L. Viller
City Manager
Date:
itchell S. Ki
to
a
: SS 6itSf Attorney V
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
J„nd eTo me known to be the person(s) described in and
who executed the foregoing instrument and —�-_ acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this aS day of f'
20Q lr
( +Personally known to me, or
( ) Produced identification
NO ARY P LIC, State of Florida
at Large
Marton Serphas
eMy Commission DD260279
or w Expires October 24, 2007
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( L fDID NOT take an oath.
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.
U ti
Witness
Type Name
Witness
Type Name
641r_1%9:9d0aIle] :7U7_1
COUNTY OFtYlr,=lni
Vrn ke enter Associates
A. Oesar Saavedra, P.O.A.
Type Name/Title
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared A to me known to be the person(s)
described in and who executed the foregoing instrument and 1L-!j acknowledged
before me and under oath that ye-.. executed the same.
WITNESS my hand and official seal this day ofr
20L)3.
MARY B. ADAMSON
�� ' r MY COMMISSION # CC 998453
XPIHES: March 17, 2005
�'Hrep�K� ` .Yynnd T'nhu B�apt Notary Services
Personally known to me, or
( ) Produced Identification
r. 1
_.C.
NOTARY BLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or O DID NOT take an oath.
981208 4 Amendment to Water and Sewer
Developer's Agreement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, A. Cesar Saavedra do hereby affirm that I am the Authorized Representative
of Turnpike Center Associates and that I have executed a Water and Sewer
DEVELOPER's Agreement with the City of Tamarac for the Island Club Apartments
project and that I am the authorized representative of the owner of the property covered
by said DEVELOPER'S AGREEMENT.
There are no mortgages held on the property which is the subject of said
DEVELOPER'S AGREEMENT.
FURTH R AFFIANT SAYETH NOT.
49
(Signature)
This :�64-day of ,� ;1 , 20c 3
STATE OF FLORIDA
SS
COUNTY OF,11i,yF�
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
tt r he County to take acknowledgments, personally
appeared ^ c^ 4� cunir y aforesaid
me known to be the person(s)
described in and who executed the foregoing instrument and V) a acknowledged
before me and under oath that V) e executed the same.
WITNESS my hand and official seal this �k day of r ,
20 L:
<< M f-i'r' B. ApAMSON
* "v ;'tYOMISSION # CC 998453
s E� "SIRES: March 17, 2005
Ttuu Budget Notary Services
KPersonally known to me, or
) Produced Identification
NOTARY'TzbJRLIC, State of Florida
at Large
C
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or () DID NOT take an oath.
981208 cJ Amendment to Water and Sewer
Developer's Agreement
TAMARAC WATER AND SEWER DEVELOPER'S AGREEMENT
Development ISLAND CLUB APARTMENTS
METER SCHEDULE FOR RESIDENTIAL USE
# OF ERC'S
WATER
SEWER
TOTAL
# OF
CIAC
CIAO
CIAC
# OF
METER
LOT #
UNITS
WATER
SEWER
FEES
FEES
FEES
METER
SIZE
S
Bldg # 1
24
16
16
8,880
15,600
24,480
1
2"
Bldg # 2
24
16
16
8,880
15,600
24,480
1
2"
Bldg # 3
24
16
16
8,880
15,600
24,480
1
2"
Bldg # 4
24
16
16
8,880
15,600
24,480
1
2"
Bldg # 5
24
16
16
8,880
15,600
24,480
1
2"
Bldg # 6
24
16
16
8,880
15,600
24,480
1
2"
Bldg # 7
24
16
16
8,880
15,600
24,480
1
2"
Bldg # 8
24
16
16
8,880
15,600
24,480
1
2"
Bldg # 9
24
16
16
8,880
15,600
24,480
1
2"
Bldg # 10
18
12.6
12.6
17,640
22,680
40,320
1
2"
Sub -Total
234
156.6
156.6
97,560
163,080
260,640
10
METER SCHEDULE FOR NON-RESIDENTIAL USE
Common 2.5 2.5 1,387.50 2,437.50 3,825 1 1"
Area
TOTAL 234 159.1 159.1 98,947.50 165,517.50 264,465 11
981208 6 Amendment to Water and Sewer
Developer's Agreement
N/A DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH= ERC'S (SEWER)
TOTAL ERC'S 159.1 (WATER) 159.1 (SEWER)
AT 4" DIAMETER AT 8" DIAMETER
1 AT 6" DIAMETER
AT _ DIAMETER
SERVED BY WASTERWATER PUMP STATION NO. 12
159.1 ERC'S _ 14.8 SITE ACRES= 10.75 ERC'S/SITE ACRE
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED
ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH_ FLORIDA
BUILDING CODE FOR THE INTENDED USE.
Michael R. Fawley, P.E.
TYPE NAME
981208 7 Amendment to Water and Sewer
Developer's Agreement
� r
a
This Power of Attorney shall become effective immediately. This Power of Attorney
shall continue effective until April 30, 2013. This Power of Attorney may be revoked by
me at any time by providing written notice to my Agent.
Dated
as o 3 , at Miami, Florida.
ynne, as Managing General Partner of
Center Associates
Witness Signature: I "�_ la � - _Q_ � ' �',,;--=)
Name: Cc
City: �c,r�- .ter r._L."S.: t
State:
Witness Signature: &(III
Name: 4 r1
City:
State: __ i
STATE OF FLORIDA, COUNTY OF 6�f- Lv C I Q- , ss:
+h
The foregoing instrument was acknowledged before me this IS" day of
by Joel F. Wynne, as Managing General Partner of
Turnpik Center Associates who is personally�cnown tom or who has produced
as 1 Ten fiTicatzon.
�16 0_�L'1_1�
Signature of on taking a c k n o w I e d g n4 nt
Name typed, printed, or stamped
►�IiGARET q. MORGAN
MY COMMISSION # CC 98 I
•.... EXPIRES: May 15,
R(„ Bonded Thty Notary Puhpc Uiwdtara
SPECIAL POWER OF ATTORNEY
I, Joel F. Wynne, as Managing General Partner of Turnpike Center Associates, residing at
12804 SW 122nd Avenue, Miami, Florida 33186, hereby appoint A. Cesar Saavedra of
12804 SW 122nd Avenue, Miami, Florida 33186, as Wray attorney -in -fact ("Agent") to
exercise the powers and discretions described below.
The agent shall have full power and authority to act on my behalf but only to the extent
permitted by this Special Power of Attorney. The Agent's powers shall include the power
to:
1. Manage, insure, improve, repair, collect rents, execute leases, or take any other
action that a landlord might take, with respect to any interest of mine in real estate
located at:
5098 Island Club Drive
Tamarac, Florida
and legally described as Island Club Apartments, Plat Book 122, Page 12 of the
Public Records of Broward County, Florida.
2. Prepare, sign, and file documents with any governmental body or agency.
I hereby grant the Agent the full right, power, and authority to do every act, deed, and
thing necessary or advisable to be done regarding the above powers, as fully as I could do
if personally present and acting.
Any power or authority granted to the Agent under this document shall be limited to the
extent necessary to prevent this Power of Attorney from causing, (i) my income to be
taxable to the Agent, (ii) my assets to be subject to a general power of appointment by the
Agent.
The Agent shall not be liable for any loss that results from a judgment error that was
made in good faith. However, the Agent shall be liable for willful misconduct or the
failure to act in good faith while acting under the authority of this Power of Attorney. A
successor Agent shall not be liable for acts of a prior Agent.
The Agent shall be entitled to reasonable compensation for any services provided as my
Agent. The Agent shall be entitled to reimbursement of all reasonable expenses incurred
as a result of carrying out any provision of this Power of Attorney.
The Agent shall provide an accounting for all funds handled and all acts performed as my
Agent, but only if I so request or if such a request is made by any authorized personal
representative or fiduciary.
Exhibit "A"
Temp. Reso. No. 10508
FOR: ISLAND L
(Name of Development)
GENERAL LOCATION: Treehouse Lane betty 1
Boulevard and State Road 7.
THIS AGREEMENT effective this day of tdae_,�_
198 4 made and entered into by and between:
The CITY OF TAMARAC, a municipal corporation of
the State of Florida, hereinafter called 'CITY"
r
and
TURNPIKE CENTER ASggCIAILS 4601 Sheridan Street
Suite 301 Hollywood, Fla. 33021
hereinafter called •DEVELOPER".
and
TURNPIKE cgNTEg assQr1ATrs 4601 sherldzuL Street
Suite 301 Hollywood, Fla. 33021
hereinafter called "OWNER".
W I T N E S S E T H
.wommauummmmunumnam
WHEREAS, CITY is the owner and operator of a water treatment and
sewer treatment plant, together with water distribution and sewage
collection facilities known as 'TAMARAC UTILITIES WEST WATER AND SEWER
SYSTEM"; and
WHEREAS, DEVELOPER owns or controls certain real property in Bro-
ward County, Florida, as shown and described in Exhibit "A" attached
hereto and made a part of hereof; and all references made in this
Agreement to PROPERTY shall refer specifically to DEVELOPER'S PROPERTY
described in Exhibit "A" attached; and
WHEREAS, DEVELOPER and OWNER desire to procure water service or
sewage disposal service or both from the CITY for the PROPERTY; and
WHEREAS, the parties desire to enter into an agreement setting
forth the mutual understandings and undertakings regarding the furn-
ishing of said water and sewer services for the PROPERTY; and
WHEREAS, this Agreement and all stipulations and covenants made
herein are acknowledged to be subject to the approval of every County,
Regional, State and Federal regulatory agency having jurisdiction 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 charges owed to third
parties, and which is attached as Exhibit 'B";
WHEREAS, the City Council has approved this Agreement and has
authorized the proper city officials to execute this reeme t by mo-
tion passed at a regular City Council meeting on •
198 L.
Now, THEREFORE, in consideration of the mutual covenants and und-
ations,gthese Cparties ITY dcovenant Eand nagree ewith oeach od nother uaslfollows:
der -
PART I. DEFINITIONS
A. The terra DEVELOPER shall refer to the Contracting Party in
this Agreement who has X n ownership interresto. iin thef no, PROPERTY.the natureIs hat
interest fee simple? - YES or„_
the interest is best described as . if
DEVELOPER is not the owner, then the owner joins in this Agreement
and agrees to be jointly and.severally liable for the responsibilities
of the DEVELOPER enumerated in this Agreement.
B. ementterm
an ERC, is theEQUIVALENT
assumedRESIDENTIAL
averageCONNECTION*
flowreferred
detached
this Agre
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 REVENUE is equal to the applicable monthly ser-
vice availability charge for water and sewer service.
PART II. DEVELOPER'S OBLIGATIONS
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.
y. All installations shall be installed at DEVELOPER's
expense and shall include, without limitation, all gravity flow mains,
force mains, pump stations and lift stations required for the furnish-
ing of service to the PROPERTY. At the time of submission of the
lans, specifications and engineering data by DEVELOPER to the City
Engineer, IF THIS AGREEMENT IS FOR TEN (10) OR MORE ERC'S, DEVELOPER
shall pay to CITY a Plan Review Fee of $500.00 (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.
DEVELOPER shall, at his expense, and at no expense to the
CITY, retain the services of a registered professional engineer for the
purposes of providing necessary inspection and supervision of the con-
struction work 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 five (5) days of such engagement.
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.
`a
The meeting shall be held at least twenty-four (24) hours prior to
start of each phase of construction.
D.
The work to be performed by DEVELOPER, as provided in this
Agreement shall not commence until all plans and specifbcathonCftyover-
ineezthe workhis ato be zrdrformed are representativeroved in writing y
E. '
During construction and at the time when periodic inspections
are required, the City Engineer or his authorized representative may be
nessetestsd forELdeterminationeOf sconformancee8tohall be pre t approved to Plans e and w
plans and
specifications.
F.
The work to be per by DEVELOPER, pursuant to the 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,
gCountyovern, regardless ofof anduirements
nanyeberrors orgomissions in thethis
apProvedaplansaor
CITY specifications.
G.
DEVELOPER shall, at his own expense and at no expense to the
CITY, furnish to the CITY one complete set of reproducible As -built
drawings prepared by a Florida registered engineer who designed the
water distribution and sewer systems or by any other engineer retained
by the DEVELOPER. This 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
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 Florida registered
survesystemsrandsto the easements andal location rights-of-wayof all which surface
partfeatures
or adjacent
to the PROPERTY.
3
�• ' C
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
d final site plan for the
X 14" and
DEVELOPER'S representation an the approve,is attached to
PROPERTY• A copy of said plan shall be rdutrd to 8-1/2"
at to this Agreement as Exhibit "C". Exhibit "D"to be
this Agreement and shall nIndicayidentialthe umand accessober of ry units andbERC�s
number of residentialv
per building and the number of meters and meter sizes.
tion
cedent
Payment of the contribution charggesontributionicharges eappli-
to the execution of this Agreement*
Thecable for this Agreement are summarised as follows:
Residential-••
6^. 7 ERC's Per unit !S 555 per ERG
@216Units X .
Non -Residential. • i2.S-EKG's ! S--^Per ERC
Total ERC' s 14 iz,.%WATER)
� er Unit !S 9�5 Per ERG
Residential... 421JUnitX •667ERC's P
Non-R+Xn1��595 Per ERG
TgtiERCs14�SEWER
aundorCtso--
oreDEVELPERonehdredfotfiveandno 0024
twenty-four
for contribution charges.
ARE DUE AT THE TIME THIS AGREEMENT IS
THE CONTRIBUTION CHARGES
APPROVED BY CITY COUNCIL.
I.
1. DEVELOPER shall pay to the,C68YamendedNTfrom t meEED htoStime.
�
due,
forRw terDandVENUE is sewer service to tGUARANTEEDe mi muREVENUESrareaduebandtypayable
monthly. this
7. The payment of GUARANTEED REVENUES required by
tive date of
Agreement shall commence six (6) months afbeen recorded the cwith Broward
this Agreement. Has a plat for the property
County ems ENO. If N0, then GUARANTEED REVENUES commence one (1)
ive date of this Agreement. GUARANTEED REVENUES
Year after the effecthall be due for all UNITS/ERC'S assigned to the PROPERTY unless
otherwise specified by this Agreement.
S. GUARANTEED REVENUE, if initiated, shall no longer accrue
for a unit when metered water and sewer service is established at a
id to the
CITYicBowever,building
+ccountsthe
arereqa re
uired
incustomer
DEVELOPERgs name pand closed
without a new account being established, the GUARANTEED REVENUES shall
resume.
4. The parties acknowledge the GUARANTEED REVENUE payments
made by the DEVELOPER shall be considered as revenue (income).
J.
NECE5SA=
In addition to all other obligations of this Agreement, DE-
VELOPOR may be required by the CITY to make modifications to the CITY's
water and sewage s stems because of the development's impact on the
systems. The modifications are set. forth in Exhibit "E" and they shall
be prfrmed by cateeofo0ccupancy,yunless otherwise providedEPER rior to the is ainethis Agreement.of the first Certifi-
4
R. NT
1. If any payment of GUARANTEED
REVENUES required by this
d the
n ueIS by prepaid certified mail, and
Agreement is more ehcf fdelieq (15� days later the CITYshall
DEVELOPER a notice
failure of the DEVELOPER to make the required payment
seven (O days of the date shown on the notice shall constitute a
default by the DEVELOPER.
2. Other than required payment of GUARANTEED REVENUES, if any
act required by this Agreement is not timely accomplished or if any act
prohibited by this Agreement is done, then this Agreement shall be in
all be sent
default. Notice of default and thegroundsPart rVI Ofuthis lt hAgreement.
to the DEVELOPER by the CITY as provided
L. in
Should Da1lLhave theirightdefault
Of this exerciaeAanyemOftthet following
that the CITY shall
sanctions or Pe
1. The site plan for the property is voidable by Resolution
of the City Council-
Z. No final inspections shall be approved by CITY.
3. No Certificate
PR -
any unit on the PROPERTY.
be an interest penalty equal to the maximum
State Law on any payments due to CITY from
paid. The penalty, when applicable, shall
neat blishedIts
byprovided
Resolutionthis
theAgreement.
CounThe
4. There shall
rate allowed by Florida
DEVELOPER which are not
accrue from the due date
rate of interest shall be
cil.
11 be enitld to the5lienhinCsatisfaction oftanyePaymentsn due the PunderTthisdAgree-
Of Occupancy shall be issued bX.CITY for
close
ment.
failure
remedy.
M.
6. CITY shall be entitled to any other remedy at law and
to exercise any remedy shall not constitute a waiver of said
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 DEVELOPER's PROPERTY in connection with supply-
ing water and sewer service to the inhabitants, occupants and customers
in AEVELOPER's PROPERTY and secure from each mortgagee and lienor a
joinder and consent to this agreement for so long as the easement is
used for the operation, maintenance, repair or replacement of water and
sewer mains, pipes, connections, pumps and meters within the easements.
Z. Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER's
right, title and interest in and to all of the water and sewer supply
lines, mains, pumps, connections, pipes, valves, meters and equipment
within
installed up to and within granted easements and right-ofpurpose of
the PROPERTY and off -site improvements installed for the VEL
supplying water distribution and sewage collection for DEVELOPER'S
PROPERTY; and
3. Furnish CITY with an AFFIDAVIT that all persons, firms or
corporations who furnished labor or materials used directly or indi-
rectly in the prosecution of the work required to be performed by this
Agreement have been paid, or in the event of a dispute between the
inVthePamount incdispute oand rinuacform aacceptable ito thesh ywith a BOND
CITY; and
A. Furnish CITY with a satisfactory surety bond or letter of
credit in the amount of twenty-five percent (25%) of the cost Of installed
workin a form acceptable to the CITY, guaranteeing ui sent
,cts
cpursuant onstruct or
ton thisfor aAgreement of anottlessethanionem(1)ryear,freqom pdate of
acceptance of same by CITY.
PART III. CITY'S OBLIGATIONS
A.'
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 C17Y 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 pparagraph. The CITY shall reserve 14�� ERC'S of
water service and 146. ERC'S of sewage treatment plant capacity for
Developer.
B.
The CITY has entered into a 'Large Users Agreement' with
Broward County, (the 'COUNTY'), in which the COUNTY has agreed to make
future sewage treatment capacity available at its regional wastewater
treatment plant. In the event CITY cannot provide sufficient capacity,
as a result of COUNTY's action, the CITY's sole obligation shall be to
refund DEVELOPER'S contribution charges as described in this Agreement.
for those units for which CITY is unable to provide capacity provided
that DEVELOPER is not in default of this Agreement.
In the event that the CITY cannot provide sufficient service
as a result of the actions of any regulatory agency, then the CITY's
sole obligation shall be to refund DEVELOPER'S contribution charges as
described in this Agreement, for those units for which CITY is unable
to provide capacity provided that DEVELOPER is not in default of this
Agreement.
PART IV. !MUTUAL COVENANTS
It is mutually agreed by and between the parties that the pre-
ambles contained at the beginning of this Agreement are true and
zorrect and in addition to them, it is mutually covenated and agreed,
as follows:
♦ V \ � � +7�Vi�i�Y�
In addition to binding DEVELOPER, the provisions of this
Agreement shall run with the land and be binding upon and inure to the
benefits of successors in title to the PROJECT after this Agreement has
been recorded in the Public Records of Broward County, Florida. How-
ever, any other assignment or transfer of DEVELOPER's rights and obli-
gations is prohibited unless:
1. Assignment shall be done in writing in the same formality
as this Agreement.
2. CITY shall be a party of said assignment and shall not
withh^ld aRpre:•al of assignment unreasonably.
3. DEVELOPER shall remain primarily liable to CITY for the
terms and conditions of this Agreement unless assignment is made in
compliance with this section. CITY agrees to execute a "satisfaction
by assignment• for DEVELOPER if this Agreement is properly 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 set forth in Section J of Part II herein.
• : j43-,r4-y
All prior DEVELOPER Agreements or Agreements pertaining to the
supply of water and sewer affecting the PROPERTY are hereby cancelled
and declared of no force and effect upon that PROPERTY which is the
subject matter of this Agreement.
PART V. ADDITIONAL MUTUAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER
It is mutually covenanted and agreed by and between the parties as
follows:
CITY shall have the exclusive right to furnish water service
and sewage collection service to consumers within the PROPERTY covered
by this Agreement.
:.. . •• U,
DEVELOPER, his successors and assigns, and the owners and occu-
pants of buildings on DEVELOPER's PROPERTY shall not install or main-
tain any water wells except for irrigation purposes.
C.
CITY shall have the right to promulgate from time to time
reasonable rules and regulations relating to the furnishing of water
service and sewage collection service to consumers within the PROPERTY
encompassed by this Agreement. Such rules and regulations may relate
to, but are not limited to, rates, deposits and connection charges and
the right to discontinue services under certain conditions. The water
and sewer rates to be charged by CITY to said customers shall be the
rates now or hereafter charged to other customers within the area of
service of TAMARAC UTILITIES WEST WATER AND SEWER SYSTEM. DEVELOPER
hereby acknowledges and agrees that rates are subject to change at any
time by CITY.
CITY shall not be liable or responsible for maintenance or
operation of any pipes, pipelines, valves, fixtures or equipment on any
of the properties of the customers, consumers or users on DEVELOPER's
PROPERTY other than the water service lines and sewage collection
system within granted easements to CITY pursuant to this Agreement.
E. EFFECTIVE DATE
Unless otherwise specified in this Agreement, this Agreement
shall, not be binding until fully executed, but once executed, it shall
have a retroactive effect commencing from the date of the City Council
meeting at which it was approved.
F.
It is'assumed that a single family home on the PROPERTY will
be serviced by a 5/8-inch water meter. If a larger water meter is
needed, then the owner (whether DEVELOPER, Assignee or gomeowner) 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.
7
PT IN.
Is PROF
G.
=ITION
Each consumer of water service or sewage collection service on
DEVELOPER'S PROPERTY shall keep all water pipes, service lines, con-
nections and necessary fixtures and equipment on the premises occupied
by Said consumer, and within, the interior Theesale ofelot waterobyupied CITY to
the consumer in good order and condition.
the consumer shall occur at the consumer's side of the meter but the
obligation for the maintenance of the lines shall be as set forth above
and in applicable City regulations.
B. CONDITIONS ON TIRE XYDEANT-M
No water from CITY's water distribution system shall be used
or disbursed by DEVELOPER or his agents, through fire hydrants or or water
mains, or by any person, firm, corporation agency, public
ons for pea-
vate, unless there has first been made adequate
sating CITY for such water.
I . III�X.81�
Any temporary cessations or interruptions of the furnishings
of,water and sewer service to the PROPERTY described herein at any time
caused by an Act of God, fires, strikes, casualties, accidents, power
failures, necessary maintenance work, breakdowns, damage to equipment
or mains, civil or military authority, riots or other cause beyond the
control of the CITY shall not
constitute
contained herein nor impose liabilityupon the rCITY by the DEVELOPER,
his successors and assigns.
J.
SEYERARTLITY
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
eparate,stinct
theependent remainingrovisio portionsahereof. holding
1.
This Agreement shall be recorded by the CITY among the Public
Records of Broward County, Florida, for the particular purpose of
placing all owners or occupants of properties in DEVELOPER's PROPERTY
connected to or to be connected to said water and sewer systems of CITY
upon notice of each and every one of the provisions herein contained to
the same extent and with the same force and effect as if said owners
and occupants had joined with the parties to this Agreement in the
execution thereofi and the acquisition or occupancy of real PROPERTY in
DEVELOPER's PROPERTY connected to or to be connected to the said water
and sewer systems of CITY shall be deemed conclusive evidence of the
facthetthat the said Agreement hereinwners or contained anduhaveshave becomecboundted to thereby. accepted
L.
It is mutually agreed that the CITY shall be held harmless
from any and all liability for damages if CITY's obligations under this
Agreement cannot be fulfilled as a result of any ruling or order by any
other governmental or regulatory agency having jurisdiction over the
subject matter hereof: and in such event, this Agreement shall be null
DEVELOPER'SdPROPERTYeforeby whichither party City cannotrperformga t portion its obligation.
the
8
PART VI. NOTICE
Whenever either party desires to give notice to the other, it
shall be given by written notice, sent by prepaid certified United
States mail, with return receipt requested, addressed to the party for
whom it is intended, at the place specified as the place for giving of
notice, which shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph.
For the present, the parties designate the following as the respective
places for the giving of
OF _ :
city Manager eu -' keCenter Associates
Sell Northwest 88th Avenue 4601 Sheridan Street Suite 301
Tamarac, Florida 33321 Hollywood, Fla. 33021
Notice so addressed and sent by prepared certified mail, with
return
receipt
requested,
shall
Statesmail,
deemedgiven when it shall have been
sodeposited ineUnited
PART VII, ADDITIONAL PROVISIONS
A. ZZEIRM
The following exhibits are attached, as part of this Agreement
and are incorporated into this Agreement:
EXHIBIT "A" Legal Description of PROPERTY
EXHIBIT "B" - Receipt from third party for a portion of Con
tribution Charge
Included„ Not Included . X
EXHIBIT "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 PROPERTY indicating the number
of buildings to be built, the number of ERC's
allocated to each building, the number of meters
per building, and the meter size(s).
EXHIBIT "E" - Modification of CITY's water or sewer facilities
if required by City Engineer, if applicable.
Included Not included XX
9
IN WITNESS WHEREOF,
presents to be executed on the
Signed, sealed and delivered
in the presence of:
ATTEST:
CITYUAG
ATTEST:
WITNESS
WITNESS
WITNESS
WITNESS
the
parties
e'reto have caused indicated these
below;
day and year
10
THE CITY OF TAMIARAC
MAYOR
DATE
�J
by
CITY AG
DATE:
Approved as to f
By
ATT RNEY
DEVELOPER
TURNPIKE CENTER ASSOCIATES
BY:BAYSHORE ASSOCIATES, A
FLORIDA GENERAL PARTNERSHIP
BY:
Eric A. Trau , A General
� �[ Partner
DATE:C e 3K4 l
MORTGAGEE (If Applicable)
LEADERSHIP HOUSING, IN
BX• 4
Je nifer itabinowi V.
eyPresident
DATE:
OWNER
DATE
STATE OF FLORIDA ; 85.
COUNTY OF BROWARD )
Before me personally appeared Eric A. Traub
to me well known and known to me to be the person(:) described in and who
executed the foregoing instrument, and acknowledged to and before me that
executed said instrument for the purposes therein expressed.
WITNESS my hand end official seal, this3L.�day of C^7^jj"
A.D. 19 ai•
otary Public
State of Florida at Large
My commission expires:
STATE OF FLORIDA ; SS:
COUNTY OF DADE )
Before me personally appeared Jennifer Rabinowitz ;LQ 'Ptol.��,I
o� �a� uo�hI hC-
to me well known and known to me to be the person(s) described in and who
executed the foregoing instrument, and acknowledged to and before me that
executed said instrument for the purposes therein expressed.
6� ITNESS my hand and official seal, this -Xdaky of
2
A.D. 19 a• / Z 4 s
l+ly commission expires: MAY D for t1P. DEC 26,,TE OF 11261
NoNna TNn GENERAL INS. YNU.
STATE OF FLORIDA SSs
COUNTY OF BROWARD )
Before me personally appeared
to me wears a
exectuted the
i and known to me to
oregoin�nstrument,
ge
e t e peZ- on( described in and who
and acknowledged to and before me that
executed said instrument 4or the purposes therein expressed.
WITNESS my hand and official seal, this Q �y' day of
A.D. 19 Z4.
My commission expires:
Notary Public
State of Florida at Large
1 MTANY "BLIC STATE CF F0110A
Nr "NN2sne, W. V2 21,,:I6
Pam T16a c:tv.ta: i s. 00.
11
DESCRIPTIO
A PORTION OF SECTION 13, TOWNSHIP 44 SOUTH, RANGE 41 EAST, OF FDRT LAUDERDALE TRACK FARMS , ACCORDING TO THE
PLAT THEREOF, AS RECORDED W PLAT BOOK 4, PAGE SI, OF THE PUBLIC RECORP6 OF BROWAW COUNTY, FLARIDL, SE"s
MORE PAR7ICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT b OF t,AIP PLAT; THENCE 6Odil1Y E. ALONG THE EAST LINE OF 4AW
SECTION IS. A 1716TANCE OF 464.07' ; THENCE 4.91'15'41f W., A DISTANCE OF 400.01 TO THE POINT OF 6E61M ING OF THIS
DE4CRIPTION; THENCE CONTINUE N.51'15'ACW., A DISTANCE OF 414.01V: THENCE N00'44'Ib'E.,
A 0141ANCE OF 111.19' ; THENCE N. SeSS'14' W., A DISTANCE OF 110.00*; 7NENCE 14.SI'76'44'E , A DISTANCE OF 4.00'; THENCE
N Sb'19'14' W , A DISTANCE OF 15OD0 FEET ; 7NENCE $.51'26'44' W , A P16TALICE OF 17600' ; THENCE 5.9b'49'14'F, A DISTANCE
OF E70.00' ;
THENCE N.61'15'4YW, A DISTANCE OF i91.77'; THENCE N 96'18'14'W.,
A DISTANCE OF 141.41'; THENCE N II'51'WW., A DISTANCE OF TS.bG' ; THENCE N 10'11'A-W., A DISTANCE OF 1.05'i THE
LAST THREE DESCRIBED COURSES 6EIN6 FURTHER DESCRIBED A6 BEING ON THE EASTERLY RIGHT -OF- WAY UNE OF
THAT CERTAIN R164T-OF-WAY, AS 4HOWN ON THE Vol Rl6mT•OF•WAY NW . SECTION 9504-UOS, PREPARED 6Y MID
SOUTH ENGINEERING ; THENCE N. 51'16'41-' E , A DISTANCE OF Ib4.65' TO A POINT OF CURVATURE OF A CIRCULAR CURVE
ID THE RIGHT ; THENCE NORTHEASTERLY ALONG THE ARC OF 4AID CURVE, HAVING A RADIUS OF 417.75" AN ARC 014-
TANCE OF 55a.75' TO A POINT ; THENCE N 00 VIT' W., A L7141AIJCE OF 1.16.45' ; THE LAST 1AZU DESCRIBED COURSES
BEING FURTHER DESCRIBED AS 60,16 ON THE 50UTHERLY AND EASTERLY BOUNDARY OF THE PLAT OF ULOC94HIP OF
TAMARAC PHASE ONE, AS RECORDED IN PLAT BOOK 71. PA6E 95, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA',
THENCE 6.11i'1l4YE., A DISTANCE OF 606.4i THENCE SOO'K'IY'E ALONG THE WESTERLY BDUNGARY OF CaWERCIAL
PLAZA', A4 RECORDED IN PLAT GOOK it, PAGE 50j �OF 7HE PUBLIC RECORDS OF 6RDWARD COUNTY, FLORICA, AND 'LEM90:
A4 RECORDED IN PLAT BOOK $I, PAGE 11, OF THE WBLIC RECORD6 OF BROWARD COUMW FLORIDA, AND 'LEW10 ADDITION, AS
RECORDED IN PLAT OW %, PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, A DISTANCE OF ID74.6010
THE POINT OF 6E61NNIN6; LESS AND EXCEPT A FJWION OF 6WIOIJ I4,TOWNSHIP 44 6OUTH, RANGE 41 EAST,
'FORT LAUDERDALE TttUCK FARM6 Su$D1v16iOM , ACCORDING TO THE PLAT THEREOF, RECORDED A4 IN PLAT BooK4,
PAGE $1, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING AWE. PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCW6 Al THE NORTHEAST CORNER OF TRACT b OF SAID SECTION 16; THENCE 4WIt'IfE ALONG THE EAST LINE
THEREOF, A P14TALICE OF 444 07' i THENCE N Yr 42' W. A DISTANCE OF 147,47' TO THE POINT OF SE61NNIW OF TH14 OE
SCRIPTION; THENCE CONTINUE Nb4'15'42'W, A OKTANCE OF 451.77'; 7NENCE N 9b*1S'I4'W.,A 061ANCE OF 141.41'i
THENCE N 11'S4'1D W., A DISTANCE OF ff.9G'; THENCE N 1G 9fW*W., A OATAWE OF 2.06'; $AID LAST MEN710NEO
THREE COURSES 6EIN6 COINCIDENT WITH THE EASTERLY Rv,%NT•OF-WAY OF COMMERCIAL BOULEVARD PURSUANT 70
THAT CERTAIN RIGHT OF -WAY MAP FOR SECTION $4504. U04 , AS 440AIN ON SHEET 4 OF IL; THENCE N VIC' 41. E.,
A 916TAWCE OF 104.65' 70 A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RI61F1; THENCE NORTHERLY, AND
EASTERLY ALONG THE ARC OF SAID CURVE , HAVING A RADIUS OF 427. 26% AN ARC P16TAUCE OF 111.51 i THENCE
S 56'18'14'E, A P14TAMCE OF 516.66 70 THE POINT OF ESE6I141JIN6.
SAID LANK WAIN 1470' ACRE? MORE OR LESS
No Text
r
TAMARAC WATER AND SEWERAGREEMENT
DEVELOPMENT ISLAND CLUB APARTMENT
SIZE
BUILDING#
# OF UNITS
# OF ERC'S
# OF METERS
OF METERS
1
24
16.0
1
2"
2
16.0
1
2"
3
24
16.0
1
2"
4
24
16.0
1
2"
5
24
16.0
1
2"
6
24
16.0
1
2"
7
24
16.0
1
2"
� 8
24
16.0
1
r.
2"
g
24
16.0
1
211
TOTAL
COMMON AREA
SIZE
1"
TOTAL ERC'S
146.5
216 144
9
METER SCHEDULE FOR NON-RESIDENTIAL USE
ERC'S SERVICE USE
2.5 Laundry, Restrooms,
Showers
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET
THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE
INTENDED USE.
SEAL
D.M. AMBROSE ASSOCIATES, INC.
6190 N. FEDERAL HIGHWAY
BOCA RATON, FL. 33431