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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-241Temp. Reso. #10222 August 11, 2003 Revised: October 14, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-a4l A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH NEW LIFE FELLOWSHIP CENTER CHURCH OF GOD, INC., VOIDING THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH COMMONWEALTH SAVINGS & LOANS ASSOCIATION OF FLORIDA FOR THE LAKES OF CARRIAGE HILLS SHOPPING PLAZA LOCATED ON THE SOUTH EAST CORNER OF BAILEY ROAD AND ROCK ISLAND ROAD; FORGIVING ALL DELINQUENT GUARANTEED REVENUES IN THE APPROXIMATE AMOUNT OF $7,500; 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, the City of Tamarac entered into a Water and Sewer Developer's Agreement on January 27, 1987 with Commonwealth Savings and Loans Association of Florida (Developer) for the Lakes of Carriage Hills Shopping Plaza located on the South East corner of Bailey Road and Rock Island Road (attached hereto in map form as "Exhibit 1 "); and WHEREAS, the Developer has not constructed the units approved; and WHEREAS, per Part If Developer's Obligations, Section I Guaranteed Revenues, the Developer has paid Guaranteed Revenues for the units; and WHEREAS, the New Life Fellowship Center Church of God, Inc. has purchased the property from the Developer; and Temp. Reso. #10222 August 11, 2003 Revised: October 14, 2003 2 WHEREAS, the New Life Fellowship Center Church of God, Inc. is delinquent in payment of guaranteed revenue charges in the approximate amount of $7,500; and WHEREAS, the New Life Fellowship Center Church of God, Inc. is requesting that the existing Water and Sewer Developer's Agreement be declared void (hereto attached as "Exhibit 2"); and WHEREAS, collection of new CIAC fees should benefit the City in the amount of $16,200, in addition to the previously paid CIAC fees paid in the amount of $47,067; and WHEREAS, guaranteed revenue has already been collected on this property in the amount of $74,733.24; and WHEREAS, said action will provide the City of Tamarac with a net revenue of $130,500; and WHEREAS, City Code Section 22-190(b) allows that the City is entitled to any remedy at law when the Developer is in default; and WHEREAS, it is the recommendation of the Director of Utilities that the Water and Sewer Developer's Agreement be declared void, and that delinquent Guaranteed Revenue charges be forgiven from the property; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it in the best interest of the citizens and residents of the City of Tamarac to void the Water and Sewer Developer's Agreement with Commonwealth Savings & Loans Temp. Reso. #10222 August 11, 2003 Revised: October 14, 2003 3 Association of Florida, its successors or assigns, and to forgive the delinquent Guaranteed Revenues for the New Fellowship Center Church of God, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The forgoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Section 2: That appropriate City Officials are hereby authorized to execute an Agreement with New Fellowship Center Church of God, Inc. to void the Water and Sewer Developer's Agreement with Commonwealth Savings & Loans Association of Florida, its successors and assigns, for the Lakes at Carriage Hills Shopping Plaza located on the south east side of Bailey Road and Rock Island Road (attached hereto as "Exhibit 3"). Section 3: That all delinquent Guaranteed Revenue receivables be forgiven from the property in the approximate amount of $7,500. Section 4: That the City Clerk is hereby authorized and directed to record said Agreement and release of lien in the Public Records of Broward County. Section 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or Temp. Reso. #10222 August 11, 2003 Revised: October 14, 2003 4 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 22"d day of October, 2003. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCH LL S. CITY ATTORNE REG:AML JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABIS O DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS i2/, a w -q�A EXHIBIT 1 TEMP. RESO. # 10222 BAILEY RD gVILLAGE A WOODLAND LAKE 61 PC 60 ST 59 PL VILL S AT 0 59 ST THE GATE: z P q\�, WOOD q`' GLEN Q \ �� CONDO q� �Q LAKE RD 58 ST THE GATE u SITE LOCATIONT (62 ST) D,A?LEY RD L ES OF CARRIAGE HILLS d Q a <w J a Q al 7 Q H , J � < __j v \ NATIONS BANK 59 CT. Sp�AL \\\ w PALM B. E. SABAL PALM ��.\ %0 VILLAGE 58 CT, Q W W W W W W W W W r• W W LAND SEC 12 W W W W W ¢\\ 58 ST MAINLANDS OF TAMARAC 7AKESPSE W W W •• GOJ� v r 1 o SPRING \� W W v W � �^ L a Lo � (/� z H❑USE 57 ST W q 57 3 �--� APTS. V ` Srw S7 Sr ] W h� 3 w ¢ W W fie TF \ ► in L q R Ln Oy 56 CT ¢ SABALPALM 3WC❑MMERCIAL BLVD CLUB W 56 CT W W W Y W W W W W W W W W C \ \\ \\ W W SABA PALML W W MAINLANDSW❑IF AMARAW W \�• \�\�\\�\�\ PLAZA \ W W\ \\ W W W\\W W W W 55 CT W W• c( 55 4T \ \ \\\\\ W W\ W W 55 ST 55 ST M SEC 6A r QZ ��y W W .CIR r Ln r 54 CT Al 4 W V W W W W v W 54 ST ST W y W 53 ST 3 r S^3 CTDATE W W �q5 W w PALM PL �A �UO� V r\W W W V P W O � W ` y N \\\\\\ LAURELZ S1 CT J�( F 10 .r, W CIR Q r1 W $AG' ALM BLV J 51 ST q�� W W •�� A` SAGO v W PALMA EL T; � SEC 6 ` SIR W I W ¢ 50 CT q � W W �Qv W W In A� W 1 G W W W W W W �- fi 50 ST a W �V W W W W W W W P�M E.PAL W W W W W CI 1fi LL \• 9 �'7 W .Y W W W W W HOLLY LAKES_CARRIAGE_HILLS_SH❑PS.DWG LAKES OF CARRIAGE HILLS SHOPPING PLAZA Exhibit 2 Temp. Reso. #10222 WATER AND SEWER DEVELOPER'S AGREEMENT FOR: Lakes of Carriage Hills Shopping Plaza Name of Development GENERAL LOCATION: S. E. Corner of Bailey Road and Rock Island Road, Tamarac, Florida THIS AGREEMENT effective this Vlla day of 12 , 198 --7 made and entered into by and between: The CITY OF TAMARAC, at 5811 Northwest 88th Avenue, Tamarac, Florida, a municipal corporation of the State of Florida, hereinafter called "CITY" and Same as Owner at Same as Owner hereinafter called "DEVELOPER". and Commonwealth Savings & Loans Association of Florida at 2000 W. Commercial Blvd., Ft. Lauderdale, FL 33309 , hereinafter called "OWNER". W I T N E S S E T H 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 fur- nishing 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 th' Agreement by mo- tion passed at a regular City Council meeting on 198 �. NOW, THEREFORE, in consideration of the mutual covenants and un- dertakings of CITY and DEVELOPER and other good and valuable consider- ations, these parties covenant and agree with each other as follows: PART I. DEFINITIONS A. The term DEVELOPER shall refer to the Contracting Party in this Agreement who has an ownership interest in the PROPERTY. Is that interest fee simple? X YES or NO. If no, then the nature of the interest is best described as N/A . 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. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to in this Agreement as ERC, is the assumed average daily flow of a detached single-family residential unit. C. The term PROPERTY, refers to the real property described in Exhibit "A" attached to and incorporated into this Agreement. D. The term GUARANTEED REVENUE refers to a fee paid by DEVELOPER to defray the cost to CITY of maintaining reserve water and sewer sys- tems. The GUARANTEED REVENUE is equal to the applicable monthly ser- vice availability charge for water and sewer service. PART II. DEVELOPER'S OBLIGATIONS A. INSTALLATIONS IN COMPLIANCE WITH SPECIFICATION 1. DEVELOPER, at his expense and at no expense to the City, shall design, construct and install all necessary water distribution and sewage collection lines, over, through, under, across and past the PROPERTY in accordance with plans, specifications and engineering data as submitted by a Florida registered engineer to be approved by the appropriate governmental regulatory agencies and by the City Engineer, or his authorized representative; and said water distribution and sew- age collection lines shall be installed and connected to CITY's exist- ing water distribution and sewage collection lines, all of which work shall be paid for by the DEVELOPER. 2. All expense and shall force mains, pump installations shall be installed at DEVELOPER'S include, without limitation, all gravity flow mains, stations and lift stations required for the furnish- ing of service to the PROPERTY. At the time of submission of the plans, specifications and engineering data by DEVELOPER to the City Engineer, IF THIS AGREEMENT IS FOR TEN (10) OR MORE ERC'S, DEVELOPER shall pay to CITY a Plan Review Fee of $750.00 (to be paid one time only). Said Plan Review Fee is to compensate CITY for CITY'S expense in having said plans, specifications and engineering data reviewed by consulting engineers. B. INSPECTION AND SUPERVISION BY DEVELOPER'S ENGINEER 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. C. PRECONSTRUCTION MEETING DEVELOPER and his Contractor shall arrange for and hold a preconstruction meeting with the City Engineer or his authorized rep- resentative. Notification of said meeting shall be made in writing and received by all parties seventy-two hours in advance of said meeting. The meeting shall be held at least twenty-four (24) hours prior to start of each phase of construction. D. WRITTEN APPROVAL OF CITY ENGINEER The work to be performed by DEVELOPER, as provided in this Agreement shall not commence until all plans and specifications cover- ing the work to be performed are approved in writing by the City En- gineer or his authorized representative. E. ENGINEERS PRESENT AT TESTS During construction and at the time when periodic inspections are required, the City Engineer or his authorized representative may be present and DEVELOPER'S engineer shall be present to observe and wit- ness tests for determination of conformance to approved plans and specifications. F. COMPLIANCE WITH APPLICABLE LAWS The work to be performed by DEVELOPER, pursuant to 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, County and CITY ordinances. The requirements of this paragraph shall govern, regardless of any errors or omissions in the approved plans or specifications. G. AS -BUILT DRAWINGS 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 surveyor as to the actual location of all surface features of these systems and easements and rights -of -way which are part of or adjacent to the PROPERTY. H. CONTRIBUTION PAYMENTS FROM DEVELOPER The contribution charges (both water and sewer) shall be calculated according to rates set by Resolution of the City Council. The contribution charges shall be computed based upon the DEVELOPER'S representation on the approved final site plan for the PROPERTY. A copy of said plan shall be reduced to 8--1/2" X 14" and attached to this Agreement as Exhibit "C". Exhibit "D" is attached to this Agreement and shall indicate the number of buildings to be built, number of residential, non --residential and accessory units and ERC's per building and the number of meters and meter sizes. Payment of the contribution charges is a condition precedent to the execution of this Agreement. The contribution charges appli- cable for this Agreement are summarized as follows: CONTRIBUTION (WATER) Residential # 0 Units X 0 ERC's Per Unit @ $616.00 Per ERC Non -Residential # 0 ERC's @ $616.00 Per ERC Total ERC's --� (WATER) CONTRIBUTION (SEWER) Residential # 0 Units X 0 ERC's Per Unit @ $1,082 Per ERC Non -Residential # 43.5 ERC's @ $1,082 Per ERC Total ERC's 43.5 (SEWER) The DEVELOPER has paid to the CITY the sum of ($47,067.00 Forty Seven Thousand Sixty Seven Dollars and 00/100 --------------------------------- for contribution charges. THE CONTRIBUTION CHARGES ARE DUE AT THE TIME THIS AGREEMENT IS APPROVED BY CITY COUNCIL. I. GUARANTEED REVENUES 1. DEVELOPER shall pay to the City, GUARANTEED REVENUES when due, at the rates in effect when due, as amended from time to time. GUARANTEED_ REVENUE is equal to the minimum service availability charge for water and sewer service. GUARANTEL,: .XVENUES are due and payable monthly. 2. The payment of GUARANTEED REVENUES required by this Agreement shall commence six (6) months after the effective date of this A reement. Has a Plat for the property been recorded with Broward County�YES NO. If NO, then GUARANTEED REVENUES commence one (1) he year after teffective date of this Agreement. GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to the PROPERTY unless otherwise specified by this Agreement. 3. GUARANTEED REVENUE, if initiated, shall no longer accrue for a unit when metered water and sewer service is established at a particular building and -the required customer deposits are paid to the CITY. However, if accounts are open in the DEVELOPER'S name and 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. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE NECESSARY In addition to all other obligations of this Agreement, DEVELOPER may be required by the CITY to make modifications to the CITY's water and sewage systems because of the development's impact on the systems. The modifications are set forth in Exhibit "E" and they shall be performed by 'DEVELOPER prior to the issuance of the first Certificate of Occupancy, unless otherwise provided in this Agreement. K. DELINQUENT PAYMENTS, DEFAULT, NOTICE OF DEFAULT 1. If any payment of GUARANTEED REVENUES required by this Agreement is more than fifteen (15) days late, the CITY shall send the DEVELOPER a notice of delinquency by prepaid certified mail, and failure of the DEVELOPER to make the required payment in full within seven (7) 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 default. Notice of default and the grounds for default shall be sent to the DEVELOPER by the CITY as provided in Part VI of this Agreement. L. SANCTIONS AND PENALTIES Should DEVELOPER be in default of this Agreement, it is agreed that the CITY shall have the right to exercise any of the following sanctions or penalties: 1. The site plan for the property is voidable by Resolution of the City Council. 2. No final inspections shall be approved by CITY. 3. No Certificate of Occupancy shall be issued by CITY for 4. There shall be ai, interest penoLlty equal to the maximum rate allowed by Florida State Law on any payments due to CITY from DEVELOPER which are not paid. The penalty, when applicable, shall accrue from the due date of payment as provided in this Agreement. The rate of interest shall be established by Resolution of the City Coun- cil. 5. The CITY shall be entitled to lien the PROPERTY and fore- close the lien in satisfaction of any payments due under this Agree- ment. 6. CITY shall be entitled to any other remedy at law and failure to exercise any, remedy shall not constitute a waiver of said remedy. M. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF DEVELOPER 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 DEVELOPER's PROPERTY and secure from each mortgagee and lienor a release of mortgagees' and lienors' interest in the easement and fix- tures thereon for so long as the easement is used for the operation, maintenance, repair or replacement of water and sewer mains, pipes, connections, pumps and meters within the easements. 2. Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER's right, title and interest in and to'all of the water and sewer supply lines, mains, pumps, connections, pipes, valves, meters and equipment installed up to and within granted easements and right-of-way within the PROPERTY and off -site improvements installed for the purpose of 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 DEVELOPER and a contractor or subcontractor, furnish CITY with a BOND in the amount in dispute and in a form acceptable to the CITY; and 4. Furnish CITY with a satisfactory surety bond or letter of credit in the amount of twenty-five percent (25%) of the cost of the work, in a form acceptable to the CITY, guaranteeing all work installed pursuant to this Agreement against defects in materials, equipment or construction for a period of not less than one (1) year from date of acceptance of same by CITY. 5. Furnish City with T.V. inspection and air test performed one (1) month before 1 year warranty period expires. 6. Install cleanout on consumer's sanitary service in accord- ance with current Utility Standard Detail. PART III. CITY'S OBLIGATIONS A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS When, at no cost to CITY, (1) the water distribution and sewage collection systems have been satisfactorily installed, inspect- ed, tested and approved and certified in writing by the DEVELOPER'S engineer, together with the City Engineer, or his authorized representative; and (2) when DEVELOPER has satisfied the conditions of this Agreement, then. CITY shall thereafter maintain the water distribution system and sewage collection system up to and within granted easements upon DEVELOPER'S PROPERTY. The obligation of the CITY to furnish water and/or sewer service other than construction water shall not arise until DEVELOPER has completed the conditions contained in this paraqraph. The CITY shall reserve 0 ERC'S of water service and 43.5 ERC'S of sewage treatment plant capacity for Developer. B. SERVICE CONDITIONS ON LARGE USERS AGREEMENT 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. C. IMPOSSIBILITY TO PROVIDE SERVICE 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 correct and in addition to them, it is mutually covenated and agreed, as follows: A. ASSIGNMENT OF THIS AGREEMENT 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 writin.; in the same formality as this Agreement. 2. CITY shall be a party of said assignment and shall not withhold approval of assignment unreasonably. 3. DEVELOPER shall remain primarily liable to CITY for the terms and conditions of 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 I of Part II herein. B. REPEAL OF PRIOR AGREEMENTS 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: A. EXCLUSIVE RIGHTS OF CITY CITY shall have the exclusive right to furnish water service and sewage collection service to consumers within the PROPERTY covered by this Agreement. B. WELLS PROHIBITED EXCEPT FOR IRRIGATION 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. PROMULGATION OF REASONABLE RULES OF SERVICES CITY shall have the right to promulgate from time to time reasonable rules and regulations relating to the furnishing of water service and sewage collection service to consumers within the PROPERTY 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. D. CITY NOT LIABLE PnR nFVRT.nPPR, q nT? rnmct7mrn 1 c oonoromv CITY shall not be liable oR Rosponsible for maintenance or operation of any pipes, pipelines, vales, 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. OVER -SIZE METERS ON SINGLE' FAMILY HOMES 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 Homeowner) will be charged additional contribution charges which must be paid at the rate prevailing at the time of the application for larger meter for additional ERC's, to accommodate the.larger meter. G. SYSTEM ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD WORKING CONDITION Each consumer of water service or sewage collection service on DEVELOPER's PROPERTY shall keep all water pipes, service lines includ- ing cleanouts, connections and necessary fixtures and equipment on the premises occupied by said consumer, and within, the interior lines of the lot occupied by the consumer in good order and condition. The sale of water by CITY to the consumer shall 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. H. CONDITIONS ON FIRE HYDRANT USE No water from CITY's water distribution system shall be used or disbursed by DEVELOPER or his agents, through fire hydrants or water mains, or by any person, firm, corporation or agency, public or pri- vate, unless there has first been made adequate provisions for compen- sating CITY for such water. I. DISCLAIMER 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 a breach of the provisions contained herein nor impose liability upon the CITY by the DEVELOPER, his successors and assigns. J. SEVERABILITY 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 deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. K. RECORDING OF AGREEMENT 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 thereof; 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 fact that the said owners or occupants have consented to and accepted the Agreement herein contained and have become bound thereby. L. HOLD HARMLESS PROVISION 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 and void and enforceable by either party regarding that portion of the DEVELOPER'S PROPERTY for which City cannot perform its obligation. M. CONTROL OF CROSS -CONNECTIONS AND BACK -FLOW 1. The purpose of this Section is to protect the public water main against actual or potential cross -connections and back -flow by isolating within the premises or Private Property contamination or pollution that has occurred or may occur because of some undiscovered or unauthorized cross -connection on the premises or Private Property. 2. POLICY a. No water service connection shall be installed or maintained by the City unless the public water main is protected by an Approved back flow prevention assembly as required by Florida Administrative Code 17-22, applicable DER regulations, and this Section. b. Any back -flow prevention assembly required herein shall be of a model, type and size approved by the Director of Utilities for the City of Tamarac, or his Designee, utilizing accepted practices and Standards established by the American Water Works Association, AWWA C-505-78 or American Society of Sanitary Engineers Standard 1024. C. Service of water to any premises shall be denied or discontinued by the City if a back -flow prevention assembly required by this Section is not properly installed, tested, and maintained in properly functioding condition, or if it is found that a required assembly has been removed or by-passed. d. Single family residences shall be protected by a dual check valve, which will be installed on the outlet side of the meter by Tamarac Utilities Personnel prior to time of installation of meter. This cost is included in meter installation fee. e. All services, other than single-family residences, shall be protected by an approved reduced pressure principle assembly or double check valve assembly, as determined by the Director at the preconstruction meeting, based on planned water usage within the premises. f. Reduced pressure principle and double check valve assemblies shall be procured and installed by Developer in accordance with the Standard Back -Flow Prevention Detail Sheet, which is available at the Tamarac Utilities Field Operations Department, prior to the installation of the water service meter. g. Prior to connection of water service, the back -flow prevention assembly must be inspected and tested by a certified tester from Tamarac Utilities. There will be a charge of $50.00 for this testing. If at the time of testing, the assembly is found to be malfunctioning, the Developer will be notified and water service will not be provided until such time as" the back -flow prevention assembly does pass inspection. Each additional inspection will result in an additional Inspection FEE of $50.00. h. Annual (or at intervals determined by Utility Director) inspections and tests of '•back -flow prevention assembly shall be performed by certified tester from Tamarac Utilities for a FEE of $50 per unit (or the rate in effect at time of test). Developer/Owner may elect to have tests performed (with results submitted to Utility Director) by a state certified back -flow Inspector at Developer/Owner expense. PART VI. 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 notice: AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I Felix Adams do hereby_ affirm that I am the Exec. Vice President of Commonwealth Savings & Loan Association of Florida and that I have executed a water and sewer Developer's Agreement with the City of Tamarac for Carria a Hills Shopping project and that I am Center 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. FURTHER AFFIANT SAYETH NOT. i STATE OF FLORIDA ) SS: COUNTY OF Before me personally appeared F to me well known and known to me to be the person who executed the foregoing instrument acknowledge to and before me that \ executed said document for the purpose therein expressed. �► WITNESS my hand and official seal this �'h day of r Notary Pbbric of ate of Florida at Large My commission expires: NOTARY PU9PC STATE OF FLORIDA STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) Before me personally appeared Felix Adams, Executive Vice President of Commonwealth Savings & Loan Association of Florida 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 be executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of A. D. 19 "da. My commission expires: STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) Before me personally appeared ary vuoi4c to of Florida at Large NOTARY PUBLIC STATE OF FLOUDA MY Co:•`•'- 5 O:' EXPXS NOV 5 1986 BONDED IHKJ GENEI'Al IS:SULkNU UPID 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. WITNESS my hand and official seal, this�/� y of/ f A.D. 19 / KotirP615rrc State of Florida at Large My commission expires: KTARY PUBLIC STATE OF FLOAIOA Mr COMMISSION EXP. AUG. 6,1990 004DEL THRU GENERA! TMS. W . FOR THE CITY OF TAMARAC: FOR THE DEVELOPER City Manager Commonwealth Savings & Loans 5811 Northwest 88th Avenue Association of Florida Tamarac, Florida 33321 2000 W. Commercial Blvd. Ft. Lauderdale, Fla. 33309 Notice so addressed and sent by prepaid certified mail, with return receipt requested, shall be deemed given when it shall have been so deposited in the United States mail. PART VII. ADDITIONAL PROVISIONS A. EXHIBITS The following exhibits are attached, as part of this Agreement and are incorporated into this Agreement: EXHIBIT "A" - Legal Description of PROPERTY EXHIBIT "B" - Recdipt from third party for a portion of contribution charge: Included N/A Not Included N/A 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 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 N/A Not Included N/A STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) Bef/or1e me personally appeared a�,�., 4� to me 11 known and k own te me to b6 the person(s) described in and who exectutedo the foregoing instrument, and acknowledged to and before me that executed 19 f�. 'dlu instirument ror the purposes therein expressed. WITNESS my hand and official seal, this •I- day ofV44a - A.D. My commission expires: NOTARY PUBLIC STATE OF FLORIDA NY CONN;SSION "P SEPT 17.1990 BONDED THRU 6ENERAI INS. UAD. Notary Public State of Florida at Large IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and delivered in the presence of: ATTEST: CIT M AGER ATTEST: 2'z"'e"�z "9- — CITY CLERK APPROVED AT M EETi:-du OF WIY\NESS "r�� Ac!04n THE CITY OF TAMARAC r MAYOR DATE: By ��• CI MANAGER DATE: S Approved as to form By tITY ATTORNEY DEVELOPER Commonwealth Savings & Loan Association of Florida B Felix A(fams, Executive Vice resident DATE: ypl-)niRr ESS Tim Chap ick WITNESS WITNESS WITNESS Kerma wile y �a tP WITNESS Diane Haber MORTGAGEE (If Applicable) Iv DATE: OWN Commo a th Savings S Loan As oc' ' n of Florida -0, - _6 Ld� - Felix A ams, Executive Vice President DATE: EXHIBIT D TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT Lakes of Carriage Hills Shopping Plaza UILDING # # OF UNITS # OF ERC'S TOTAL SIZE # OF METERS OF METERS METER SCHEDULE FOR NON-RESIDENTIAL USE IZE ERC'S 5/811 43.501% SERVICE USE Commercial Retail ''OTAL ERC' S MIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 6" DIAMETER AT 8" DIAMETER AT "DIAMETER * Note — 29 bays each with 1-5/8" meter and 1 out parcel with 1-5/8" meter for a total of-30 meters. 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. a� .5yr"v Y SEAL Larry Keating, P.E. Atr:�� • �� �G�€ids a tj tit U - OL�_ • �t: �r'21�1�:�{ fit•; �t' �e 1 •' �' ••.i ill •:1 T�tli'f" :i L� •,• tjjF T`� tl• . - fl It •_" � � u 1'�AI4l;Y Rnan EXHIBIT "C" DESCRIPTION AlV of'Parcels "B","C'1 and "D" of THE LAKES OF CARRIAGE HILLS .I I, according to the Plat thereof, as recorded in Plat Book 123, Page 7, of the Public Records of Broward County, Florida, LESS the following described parcel: Commencing at the Northeast corner of the said Plat of THE LAKES OF CARRIAGE HILLS II; thence South 01.31'24" East, along the East line of Parcels, "D", "C" and "B", a distance of 612.63 feet to the POINT OF BESINNIN13 of this-descriptioni thence continue South 01030'24" East, along the last described course, a distance of 135.63 feet; thence South 139.33'56" West, along the South line of said Parcel "B", a distance of 351.07 feet; thence North 45.58'14" West, a distance of 42.03 feet; thence North 01630124" West, along the West line of said Parcel "B", a distance of 106.19 feet; thence North 89•33'56" East, along a line parallel with and 135.62 feet North of, as measured at right angles to the South line of said Parcel "B", a distance of 380.51 feet to the POINT OF BEGINNING. E 40C,47'/0N SkETCH IV. 1r..5. Exhibit 3 Temp. Reso. #10222 AGREEMENT THIS AGREEMENT made this ,, -R day of 2003 by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88t" Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and New Life Fellowship Center Church of God, Inc., a Florida corporation with a principal address of 3280 N. State Road 7, Lauderdale Lakes, FL. 33319, (hereinafter called the DEVELOPER). WHEREAS, CITY and Commonwealth Savings & Loans Association of Florida entered into a Water and Sewer Developer's Agreement effective January 27, 1987 for the Lakes at Carriage Hills Shopping Plaza; and WHEREAS, DEVELOPER is owner of the parcels of land subject to the Water and Sewer Developer's Agreement entered into between the CITY and Commonwealth Savings & Loans Association of Florida by virtue of the Special Warrantee Deed recorded in Official Records Book 33398, Pages 670-671, of the Public Records of Broward County; and WHEREAS, the provisions of said Water and Sewer Developer's Agreement run with the land and inure to the benefit of and bind all successors in title; and WHEREAS, DEVELOPER has requested that the CITY void the Water and Sewers Development Agreement previously entered into with Commonwealth Savings & Loans Association of Florida; and WHEREAS, CITY agrees that voiding the Water and Sewer Developers Agreement entered into with Commonwealth Savings & Loans Association of Florida and binding and inuring to the benefit of DEVELOPER is in the best interest of the citizens and residents of the City of Tamarac; and NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows: The foregoing recitals are true and correct and incorporated herein by this reference. 2. The Water and Sewer Developer's Agreement entered into between the CITY and Commonwealth Savings & Loans Association of Florida, prior title holder of the property now owned by DEVELOPER and subject to said agreement, is hereby void. Exhibit 3 Temp. Reso. #10222 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. ATTEST: Marion Swens , CMC City Clerk Approved s to0 m nd le al sufficienc Mitchell S. Kr ft, dity Attor Merrinda Brown, Church Secretary Corporate Secretary (seal) STATE OF f V1 eicL- COUNTY OF 1:. TE,,. c�-v-&- CITY OF TAMARAC Joe Schreiber, Mayor Date: / �; `� z /p 3 Jeff re L. Milf9r, City Manager Date: ' ° /.� s / c. _:,-3 DEV�EL(O�P,ER By�y Bishop Clinton G. Ruddock, Pastor Date: Before me personally appeared I�uQLCQC- to me well known and known to me o be the person described in or who produced identification (type of identification: A ) and who executed the foregoing instrument, and acknowledged to and bef re me that he/she executed said instrument for the purposes therein expressed. i WITNESS my hand and official seal this day of� 200?. ignature of Notary lu is Noiayhbk-stcieofrortda Print or Type Name of Notary #*Co--�7bnBwkfflN 1L= My commission expires: c' n CC99= - Did Did Not take an oath. f1