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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 s. Sa S FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT SEC 7 w w � �//��•y.. ,mow '-' wow -w w al b^ ♦ -~~ O\ a 57 S w A V w Q 3 � ¢ w w 8 TfR y y y •1:111: � 4 56 CT y y y y y y V w w w SA AL PALM, CANIISwOF TAMARAC w y w w GOLF COURSE* w LAKESIDE a ~ \ N C 55 ST :i!i!�!il LAKESIDE DR C 6A 54 CT PAlmASTORIA ST !�! SEVEN ISLAND DINER e b� w w WINDS CLUB' 3 FIRE p ca T Cp y • �� O #2A�y� 53 S. Sr cr w' �P `� �r�f SITE LOCATION Cr \. w w w Q�� w w r 9 h� P.l �J tp\ �� GRANTS 0 (SUNSHINE PLAZA) a w wl rf\� LAN SEC. y y w y w y w ��"� 719 SEG SA `!11. 13 TAMARAC ANIMAL HOSP. CORAL J MIDAS = 49 CT GABLES w NATIONS w w w w w w w w w BANK y MOBILE U BANK V y "/ Q w w w w r aoe -j AMOcO r BUNNING 49 CT a W 7Q cW- ¢ 7 •t� / Jo o BUD'S � wa FLORIST W w � v co cu p� � DUNKIN' w a''I ~ 49 S ~ J q 71 DI7NUT `� 0 CD w w w w P SEC 7 DR �48 CT In 49 ST �� pQ.� t{9 PLAZA GINA'S 49 ST 49 ST. BUSINE' SEC P 48 Q 1 IHnP w w y w a 48 ST MP}TdLAND DR S a Ljll 47 CT ¢ Q ��\ w 47 CT �-� 47 CT m / ac`a b m1 47 ST \ w 47 ST `" 47 ST dad Q \ w w SEC 4 w ` w w w ,{ vF' 46 ST ir�FE g c w 46 ST > 45 CT 3 45 CT Q Na Dew �::: 9 ISLAND CLUB APARTMENTS gvoisun BF a" Dask. ft 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