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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-294Temp. Reso. #10302 November 24, 2003 1 Rev # 1 December 10, 2003 Rev # 2 December 11, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-294 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE THE REFUND OF WATER AND SEWER CIAC FEES IN THE AMOUNT OF $8000.00, TO BE ISSUED TO SAFEGUARD PROPERTIES, L.L.C., LOCATED AT 111 VETERANS BOULEVARD, SUITE 1150, METAIRIE, LA 70005 FOR THE SAFEGUARD SELF -STORAGE PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ' WHEREAS, Safeguard Properties, L.L.C., has constructed the Safeguard Self - Storage Project, located at 6101 West Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1"); and WHEREAS, Safeguard Properties, L.L.C., has executed a Water and Sewer Developer's Agreement and has paid Water and Sewer CIAC Fees in the amount of $8000.00 to the City of Tamarac, as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); and WHEREAS, The City of Tamarac executed a Water and Sewer Developer's agreement with The Fountains Corporate Center on November 26, 1986, (a copy of which is attached hereto as "Exhibit 2") which included the payment of necessary Water and Sewer CIAC fees (a copy of which is hereto attached as Exhibit " T') to serve Parcels A and B of The Fountains Corporate Center Plat; and Temp. Reso. #10302 ' November 24, 2003 2 Rev # 1 December 10, 2003 Rev # 2 December 11, 2003 WHEREAS, Safeguard Properties, L.L.C., subsequently purchased Parcels A and B of The Fountains Corporate Center Plat to construct the Safeguard Self -Storage Project located at 6101 West Commercial Boulevard; and WHEREAS, Safeguard Properties, L.L.C., has submitted a letter requesting a refund of Water and Sewer CIAC Fees collected erroneously (attached hereto as Exhibit "4"); and WHEREAS, the City Engineer has determined that Water and Sewer CIAC fees in the amount of $8000.00 were collected erroneously; and WHEREAS, it is the recommendation of the Director of Public Works and the Director of Utilities to refund Water and Sewer Impact Fees collected erroneously to Safeguard Properties, L.L.C., in the amount of $8000.00; 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 refund Water and Sewer CIAC Fees to Safeguard Properties, L.L.C., in the amount of $8000.00 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. 1 Temp. Reso. #10302 November 24, 2003 3 Rev # 1 December 10, 2003 Rev # 2 December 11, 2003 SECTION 2: The City Commission hereby authorizes the appropriate City Officials to refund Water and Sewer CIAC Fees collected erroneously in the amount of $8000.00 to be issued to Safeguard Properties, L.L.C., located at 111 Veterans Boulevard, Suite 1150, Metairie, LA 70005 for the Safeguard Self -Storage Project. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 1 Resolution. Temp. Reso. #10302 November 24, 2003 4 Rev # 1 December 10, 2003 Rev # 2 December 11, 2003 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 17th day of December, 2003. ATTEST: M MARION SWENSON, CMO CITY CLERK I HEREBY CERTIFY that Yhave approved this RFSgLU ION as to form,. MITCH ELL S// "FT CITY ATTORr4EY JD/DM/ 1 JOE SCHREIBER MAYOR Record of Commission Votes: Mayor Schreiber: Aye Commissioner Portner: Aye Commissioner Flansbaum-Talabisco: Aye Commissioner Sultanof: Aye Vice Mayor Roberts: Aye } 3 w a 3I' W ur) Ln Ln T va I QN Z=J (LN ><E3Ld �¢ I -i w !L J Qa- UCH IL Temp. Re,_ No. IC302 CITY OF TAMARAC N � S'ca.(e: N.TS PUBLIC WORKS DEPARTMENT rn! 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No. 10302 WATER AND SEWER DEVELOPER'S AGREEMENT FOR: FOUNTAINS CORPORATE NT R (Name of Development) GENERAL LOCATION: Commercial Blvd and T rm;ni c of 57th Street THIS AGREEMENT effective this _ 6 day of !� 198 kP 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 Michael A. Shiff, Donald T. Sutte Jr. Trtistee at 2701 West Oakland Park Boulevard a d 311 hereinafter called "DEVELOPER". and Michael A. Shiff, Donald T. Sutte Jr. Trustee at 2701 W. Oakland Park Blvd. Oakland Park FL 33312 , 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 f; nd all rences made in this AgreementntomPROPERTY ade a ashall refer rt of ospecifically rtoeDEVELOPER'S PROPERTY described in Exhibit "A" attached; and K-HEREAS, 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 Rev. 10/7/86 -1- 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 NB" - WHEREAS, the City Council has approved this Agreement and has authorized the proper city officials to execute this Agreement by mo- tion passed at a regular City Council meeting on �LtLL1r �Cf 198 & NOW, THEREFORE, in consideration of the mutual covenants and un- dertakings of CITY and DEVELOPER and other good and valuable ations, these parties covenant and agree with each other as foconsider- llows: 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 DEVELOPER is not the owner, then if 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 include, witshall houtlimitation, all egravity d at DEVELOPER'S expense force mains, pump stations and lift stations required for the furnish- -2- 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 are required, the City Engineer or his authorized representainspections tive 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 -3- CITY, fur•11 , _ j,rns .1nt ,: ano expense to the nish to the CITY one complete set of reproducible As-built drawings prepared by a Florida registered engineer who designed water distribution and sewer systems or by any other engineer retaithe by the DEVELOPER. This As -built draned wings 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. sewagecollection 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 h calculated according contribution shall torcharges (both atessetbyResolution rofathe sCity )Council. be 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 r@ $616.00 Per ERC Non-Residentia1�.40 ERC's Total ERC'�13,182.40_(,WATER@ $616.00 Per ERC (THIRTEEN THOUSAKr RED EIGHTY TWO DOLLARS AND FORTY CENTS) CONTRIBUTION (SEWER) Residential # 0 Units X 0 ERC's Per Unit @ $1, Non-Residentia-l—#-71.40 ERC's @ $1,082 Per ERC 082 Per ERC Total ERC'sg 54. SEWER) (TWENTY THREE THE HUNDRED FIFTY FOUR DOLLARS AND EIGHTY CENTS) DEVELOPER has paid to (THIRTY e THO SAND THREE HUNDRED THIRTYhSEVENTDOL DOLLARS AND TWENTY CENTS) 20 SIX for contribution charges. 711E CONTRIBUTION CHARGES ARE DUE AT TiiE 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. GUARANTEED REVENUES are due and payable monthly. 2 Agreementshall commence six (6)Rmonths afterUEtheANTEERVENSreffectivebdatehof this Agreement* Has a Plat for the property been recorded with Broward County YES XX NO. If NO, then GUARANTEED REVENUES commence one (1) year after the effective date of this Agreement. GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to the otherwise specified by this Ag;eem ntt *It is in the process of being ' attPROPERTY unless ed 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 CTY'S WATER OR FACILITIES MAY 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 l Agreement is more athan afifteen yment o(15)A days Elate, the ECITYgshall sendS reuirebytthis he 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 default by the DEVELOPER. constitute a 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 any unit on the PROPERTY. , -5- 4. There shall be an interest penalty 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: I. 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 "SOLUTE 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. cm b. Install cleanout on consumer's sanitary service in accord- ance with current Utility Standard Detail. PART III. CITY'S OBLIGATIONS R. 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 paragraph. The CITY shall reserve _21.4 ERC'S of water service and 21.4 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 iescribed 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- imbles contained at the beginning of this Agreement are true and :orrect and in addition to them, it is mutually covenated and agreed, :s follows: A --ASSIGNMENT OF THIS AGREEMENT: creem nt In addition to binding shall run with the land DEVELOPERt, the prr) isions (,r this enefits Of successors in title to and the be binding upon PROJECT and inure to the eel) recurded in the Public Records of after this Broward County, Agreement has ver, any other assignment or transfer of DEVELOPER's Florida. How- stion.s is prohibited unless: rights and obli- --7- 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 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. purchas- ing all or DEVELOPER agrees eto make full anypartofthePROPERTYencompassedrt bythisyAgreementparty rasato 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 FOR DEVELOPER'S OR CONSUMER'S PROPERTY QM 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 ement shall not bebinding wuntil pfully eexecuted, d in sbut gonce eexecuted, nt, this Aiteshall 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 be serviced by assumed single 5/8-inch watermeter. Ifhoaelarger on e water Emeter lis 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 p.,,.- 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 from any and all liability for damages if Agreement cannot be fulfilled as a result other governmental or regulatory agency subject matter hereof; and in such event, and void and enforceable by either party DEVELOPER'S PROPERTY for which City cannot CITY shall be held harmless CITY's obligations under this of any ruling or order by any having jurisdiction over the this Agreement shall be null regarding that portion of the 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-506-78 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 -10- *._ functioning conaition, or it is 16 tuuilu that q 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: -11- FOR THE CITY OF TAMARAC: FOR THE DEVELOPER City Manager Michael A Shi ff 5811 Northwest 88th Avenue Donald T. Sutte Jr, Trustee Tamarac, Florida 33321 3701 W Oakland Park Blvd Oakland Park, FL 33311 Notice sa 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" - Receipt from third party for a portion of contribution 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 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 X -12- 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: hTT7pcT- ni 41". . J CITY CLE ?' `?— � WITTNNZ9-S WITNESS THE CITY OF TAMARAC B aV YOR DATE: / //�IE(' M DATE: // /� Approved as to form By CITY ATTORNEY_ , DEVELOPER By +� DATE -13- WI TNES S __WITNESS l WITNESS -14- MORTGAGEE (If Applicable) BARNEETT BANK OF SOUTH FLORIDA, N.A. ( `-sE, :0IA/J--) t�/Q DATE: �s- STATE OF FLORIDA ) COUNTY OF BROWARD SS. Before me personally appeared /--7� 'z •���� 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 A.D. 19 e56,. *nNP 'SM1 -jYV7g?n n u� �nn�•np Y CI yOId �j 31p1S J. 18.d My commission expires: STATE OF FLORIDA seal, this %day of NotatYy Public C State of Florida at Large :OUNTY OF BROWARD SS: Before me personally appeared Lt� • �k�1`�`D` o me well known and known to be the person(s) described in and who xeputed the foregoing instrument, and acknowledged to and before me that xecuted said instrument for the purposes therein expressed. //WITNESS my hand and official seal, thiso21 day of D . 19 (�(o . Notary Public State of Florida at Large My commission expires: NOTAP.Y PUBLIC STATE & xL )014 {7,Y COMIJISS Ott ErFILL n nr > 1 67 @ONGED TIiW GPKU,-,L INSUM1ANCE UND -15- STATE OF FLORIDA ) SS: COUNTY OF BROWARD } Before me personally appeared meA#ell known and Known to me to b the person(s) described in and w exectuted the fore oing instrument d to ho an acknowledged to and before me that �/A executed said instr ent for the purposes therein expressed. 19 WITNESS my hand and official seal, this c? � day of �. , D , My commission expires: Notary Public State of Florida at Large NOTARY PUBLIC STATE OF FLORIDA NY CONXISSIa EXP SEPT 17,1990 000ED TNRU GENERAL INS. UND, Joinder to Water and Sewer Developer's Agreement executed by the City of Tamarac ("City"), Michael A. Schiff, Donald T. Sutte, Jr., Trustee (collectively "Developer"), and Michael A. Schiff, Donald T. Sutte, Jr., Trustee ("Owner"). The undersigned, Barnett Bank of South Florida, N.A. ("Bank"), hereby joins in the Water and Sewer Developer's Agreement to which this Joinder is attached for the purpose of acknowledging and consenting to all of the terms contained therein and for the purpose of agreeing that the Mortgage in favor of the Bank recorded in Official Records Book 13001, at Page 694, of the Public Records of Broward County, Florida, shall be subordinate to any lien created in favor of the City pursuant to said Water and Sewer Developer's Agreement. It is understood and agreed that by executing this Joinder the Bank does not subject itself to any obligations or liabilities imposed upon the Developer and/or Owner pursuant to the Water and Sewer Developer's Agreement and the Bank is executing this Joinder solely in its capacity as Mortgagee under said Mortgage. i WITN STATE OF FLORIDA ) ) SS COUNTY OF BROWARD) BARNETT BANK OF SOUTH FLORIDA, N.A. G" By: t Vice President - Ardthur L. Bigelow Title: Dated: November 25, 1986 SWORN TO AND SUBSCRIBED before me this 25th day of November , 198 6 NOTARY PUBLIC I My Commission Expires: / /7 — UILDING # TOTAL ZE L:Adlbl'1' U T'—� WATER AND SEWER AGREEMENT DEVELOPMENT FOUNTAINS CORPORATE CENTER # OF UNITS # OF ERC'S # OF METERS METER SCHEDULE FOR NON-RESIDENTIAL USE ') 1" ERGS WATER METERS 10.70 a 1" CATER METERS = 10.70 TOTAL 21.40 SERVICE USE (Office Bldg) BATHROOMS (Retail Bldg) BATHROOMS SIZE OF METERS (Retail Bays numbered 1-15 on Exhibit C, Site Plan) 'ALEIS S PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 6" DIAMETER AT 8" DIAMETER AT,_'DIAMETER 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 . r • � SEP.L mmo_ FOUNTAINS CORPORATE CENTER OFFICE BUILDING PLUMBING FIXTURES SUMMARY FIXTURE TYPE DRINKING FOUNTAINS FLOOR DRAINS LAVATORIES(SMALL P.O.) SERVICE SINK URINAL (WALL) WATER CLOSET (F.V.) NO. OF FIXTURES 2x1= 6x4= 16 x 1 = 2x4= 6 x 4 = 10 x 8 = 154 FIXTURE UNITS = 2" WATER METER W/2" WATER SERVICE 2" WATER METER = 15.45 E.R.C. FIXTURE UNITS 2 24 15 8 24 80 154 RETAIL BUILDING: MINIMUM BAY REQUIREMENTS: 1. TOILET TANK TYPE X 15 BAYS = 15 x 4 TOILETS = 60 FIXTURE UNITS 1 LAV. X 15 BAYS = 15 x 1 LAV'S. = 15 FIXTURE UNITS 1 D.F. X 15 BAYS = 15 x 1 D.F.'S. = 15 FIXTURE UNITS 90 FIXTURE UNITS TOTAL 1 WATER METER PER BAY = 15 15-5/8" METER = 15 x 1.45 E.R.C./METER = 21.75 E.R.C. Exhibit "A" Legal Description and Location DESCRIPTION A PORTION OF TRACT 13. 'FDRT LAUDERDALE TRUCK FARMS SUBDIVISION', LYING IN SECTION 11. TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA TOGETHER WITH A PORTION OF A 105.00 FOOT RIGHT-DF-WAY (KNOWN AS N.M. 57TH STREET) AS RECORDED IN O.R. BOOK 3918. PAGE 856 OF THE PUBLIC RECORDS OF BROMARO COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST (S.M.) CORNER OF SAID SECTION !1; THENCE N.00'OO'16'W., ALONG THE NEST LINE OF SAID SECTION 11, A DISTANCE OF 53.01 FEET; THENCE S.B9'02'050E., A DISTANCE OF 666.60 FEET TO THE POINT OF BEGINNING; THENCE N.00'57'55'E., A DISTANCE OF 300.00 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF A 1D6.00 FOOT RIGHT -OF -MAY, KNOWN AS N.N. 57TH STREET; THENCE S.89'02'05'E., ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 50.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID SOUTHERLY RIGHT -OF - NAY, HAVING A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 46'47'41', A DISTANCE OF 245.02 FEET; THENCE N.47'45'36'E., ALONG A LINE RADIAL TO THE LAST DESCRIBED CURVE, A DISTANCE OF 106.00 FEET TO THE SOUTHERNKIST SOUTHWEST CORNER OF THE PLAT ENTITLED 'THE FOUNTAINS% AS RECORDED IN PLAT BOOK 83, PAGE 44 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA: THENCE 5.89'02'05'E., ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 303.97 FEET TO THE SOUTHEAST (S.E.) CORNEA OF SAID PLAT; THENCE S.00'04'59'E., ALONG THE EAST LINE OF THE AFOREMENTIONED TRACT 13, A DISTANCE OF 271.00 FEET; THENCE N.89'02'05'W., ALONG A LINE 60.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE SOUTH LINE OF AFORESAID SECTION 11, A DISTANCE OF 313.66 FEET TO A POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS BEARS N.42'58'49'W.; THENCE SOUTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 43'56'44', A DISTANCE OF 19.18 FEET TO THE POINT OF TANGENCY, SAID POINT ALSO LYING ON THE NORTH LINE OF A 1D6.00 FOOT RIGHT -OF -MAY (O.R. BOOK 4509, PAGES 7 AND 8) KNOWN AS COMMERCIAL 80ULEVARG THENCE N.89'02'05'W.,ALONG SAID NORTH LINE, A DISTANCE OF 323.B6 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND CONTAINING 4.037 ACRES, MORE OR LESS. Location OAJLEY AOoO W TH/S S I T46 W w w 57 i 57 COMMERCIAL BLVD INVERRAgy e r 4m > O Z D SECTION 1 1- 4 6- 4 1 NO SCALE 0 J W � � o O `N N O Z e< % J ; O � � t 3 Y U O The Fountains Corporate Center _a / - i i .. Ti/ 7� T— l i t -/ l � � ��`� '�� V•�'S,1 :.. Lid � � I r l-RS a,l - i - I i i gyIpl [° I r p 1 - - - - -- I I I I- t °�5•i I I' I / C 7 D `.F 3i lA ib°4°yy a ii••4.e idt •°e 3i=Sl i s �e � � � • oC;: o:u ' t ft f //Michael A-Shill&ndAssmleles,ImSlr mj&d12jUlw Oa wmp&,B& 15�f3MIOWMNPan Fla 3331, nl.W >' )A¢hli otmslLbndPl mIN)Mun,cipaIPbnnp , /• � THE FOUNTAINS CORPORATE CENTER �� -...-_ -. �,• .Exhibit "C" Site Plan Fountains Corporate Center it Exhibit "3" Tem Reso. No. 10302 002259 Page 2 of 3 t ofeguard Properties, LLC SAFEGUARD PROPERTIES, L.L.C. 111 VETERANS BLVD. SUITE 1150 METAIRIE, LA 70005 One Thousand Three Hundred Seventy -Two and 0/100 Dollars 1AY 'O THE City of Tamarac )RDER )F 7 +J Aemo: Water permit $1,372.00 1,372.00 BANK ONE 002259 Louisiana, NA Baton Rouge, LA 70801 84-13 654 CHECK NO. 002259 DATE AMOUNT July 3, 2001 $1,372.00*""',<""'..< 111002259ii' 1:0654001371:L58 7L89 I.? Ilia o� o-O ��t- .moo 9 3 2 -moo - 3 (P 3 . Z 3 i �- -q-o� Exhibit Temp. Reso.002260 NO. REFERENCE AMOUNT DISCOUNT NET AMT. Page of ac $1,764.00 Dermit BANK ONE &[lES,L.L.C. S� r0.� 6'f Louisiana, 7n Rouge, LA 0801 Bato 111 VETERANS BLVD. 84-13 SUITE 1150 654 METAIRIE, LA 70005 Cne Thousand Seven Hundred Sixty -Four and 0/100 Dollars DATE 1,764.00 CHECK NO. 002260 AMOUNT 002260 PAY July 3, 2C01 $1,764.00'*"`"'*'....... TO THE ORDER City of Tamarac OF Memo: Sewer permit 11500226011' 1:0654001371:L58 7L89 47 LII' 5`3Z - o 0 ov 3(P3. z3- 910 a.ti` Exhibit "3" Temp. Reso. No. 10302 002379 Page 3 of 3 Do $4,864.00 S SAF�Ir �:17ill PROPERTIES, L.L.C. 111 VETERANS BLVD, SUITE 1150 METAIRIE, -A 7DC05 Four Thousand Eight Hundred Sixty -Four and 0/100 Dollars PAY TO THE City of Tamarac ORDER OF Memo: BANK ONE Louisiana, NA Baton Rouge, LA 70801 84-13 654 4,864.00 CHECK NO. 002379 002379 DATE AMOUNT September 24, 2001 $4,864.00.....«"""""" 1140023790 i:0654001371:IS& 7i89 47 lli,: �i -e-Ac.t.�� Citv�Cj --tT y.7 () b O C - ✓~ C4 % j - i n Exhibit � Temp.Reso. No. 10302 SAFEGUARD PROPERTIES LLC 111 Veterans Blvd. * Suite 1150 * Metairie, LA 70005 * (504) 838-8000 * (504) 832-4000 City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321 Attn: Mr. David Moore Dear Mr. Moore, Safeguard Properties LLC is requesting the refund of the following fees which were paid twice. The department collecting the fees was the City of Tamarac Utilities Department. The amount and date of the fees are: $3,136.00 paid on 7/9/01 and $ 4,864.00 paid on 9/26/01 totaling $8,000.00. Subsequently these fees were paid a second time upon the application for our permits for the Self Storage facility earlier this year. Thank you for your cooperation. j laney