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
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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:��
•
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a tj
tit
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1 •' �' ••.i ill
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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