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
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Temp. Re,_ No. IC302
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Exhibit "2"
Temp. Reso. 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