HomeMy WebLinkAboutCity of Tamarac Resolution (32)Temp. Reso. #9404
May 22, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-032
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A WATER AND SEWER DEVELOPER'S
AGREEMENT WITH NOB HILL LANDINGS, L.L.C., FOR THE
WESTWOOD APARTMENTS PROJECT, LOCATED ON THE
NORTH SIDE OF WESTWOOD DRIVE JUST EAST OF NOB
HILL ROAD FOR THREE RESIDENTIAL WATER AND
SEWER BUILDING CONNECTIONS REQUIRING 45.9 ERC'S
FOR WATER AND 45.9 ERC'S FOR SEWER; REQUIRING
THE PAYMENT OF $146,880.00 IN CIAC FEES;
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 developer, Nab Hill Landings, L.L.C., is constructing three
residential units for the Westwood Apartments Project, located on the north side of
Westwood Drive just east of Nob Hill Road (a copy of which is attached hereto in map
form as "Exhibit 1 "); and
WHEREAS, the developer has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the Westwood Apartments Project, as required by
Code Sections 10-121(d), 10-122(f) and 10-123(e); and
WHEREAS, the Water and Sewer Developer's Agreement requires the purchase
of 45.9 ERC's for water and 45.9 ERC's for sewer for a combined CIAC fee of
$146,880.00 as required by Resolution No. R-98-136; and
Temp. Reso. #9404
May 22, 2001 2
WHEREAS, it is the recommendation of the Director of Utilities that the Water
and Sewer Developer's Agreement be approved, executed and the payment of the
CIAC fees required for the Westwood Apartments Project be accepted; 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 accept and
execute a Water and Sewer Developer's Agreement with Nob Hill Landings, L.L.C., for
the Westwood Apartments Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
SECTION 2: The appropriate City Officials are hereby authorized to
accept and execute a Water and Sewer Developer's Agreement (a copy of which is
attached hereto as "Exhibit 2") with Nob Hill Landings, L.L.C., for the Westwood
Apartments Project, located on the north side of Westwood Drive just east of Nob Hill
Road.
SECTION 3: The City will collect $146,880.00 in contribution charges
prior to the issuance of a Building Permit.
SECTION 4: The City Clerk is hereby authorized and directed to record
said Agreement in the Public Records of Broward County.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
Temp. Reso. #9404
May 22, 2001 3
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
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 23rd day of January, 2002.
ATTEST:
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that I
h ve proved this
R SUTION as to form.
MITCHELL S.
CITY ATTO
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _Ayer
DIST 1: COMM. PORTNER A P.
DIST 2: COMM. MISHKIN_Na y
DI : V/M SULTANOF_Nay
DIST 4: COMM. ROBERTS A -ye'
EXHIBIT 1
TEMP. RESO. # 9404
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WESTWOOD APARTMENTS
WATER AND SEWER DEVELOPER'S AGREEMENT
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44
Exhibit 2
TAMARAC UTILITIES
WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Westwood Noartments
(Name of Development)
GENERAL LOCATION: Northwest corner of Nob_ Hill Road_ and Westwood Drive
THIS AGREEMENT effective this c73 day of , 201!1
made and entered into by and between:
The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac,
Florida 33321, a municipal corporation of the State of Florida, hereinafter
called "CITY"
And
Nob Hill Landings, L.L.C.
At 3250 Mary__Street, #306, Miami, F1 33133
hereinafter called "DEVELOPER".
And
Same as Above
At
hereinafter called "OWNER".
WITNESSETH
--------------------
WHEREAS, CITY is the owner and operator of a water treatment plant, together
with water distribution and sewage collection facilities known as "TAMARAC UTILITIES
WATER AND SEWER SYSTEM"; and
WHEREAS, DEVELOPER own or controls certain real property in Broward
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
981208 1 Water and sewer Developer's Agreement.doc
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 furnishing 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 if the subject matter of this AGREEMENT;
and
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"; and
WHEREAS, the City Commission has approved this AGREEMENT and has
authorized the proper city officials to a ecute this AGREEMENT by motion passed at -a
regular City Commission meeting on , 20 a�
NOW, THEREFORE, in consideration of the mutual covenants and undertakings
of CITY and DEVELOPER and other good and valuable considerations, these parties
covenant and agree with each other as follows:
PART 1. 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? YES or NO. If no, then the nature of the interest is best described
as If DEVELOPER is not the OWNER, then the
OWNER joins in this AGREEMENT and agrees to be jointly and severally liable for the
responsibilities of the DEVELOPER enumerated in this AGREEMENT.
B. 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 systems. The
GUARANTEED REVENUE is equal to the applicable monthly service availability charge
for water and sewer service.
981208 2 Water and Sewer Developer's Agreement.doc
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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 Director of
Utilities, or his/her authorized representative; and said water distribution and sewage
collection lines shall be installed and connected to CITY's existing water distribution and
sewage collection lines, all of which work shall be paid for by the DEVELOPER.
2. All installations shall be installed at DEVELOPER's expense and
shall include, without limitation, all gravity flow mains, force mains, pump stations and lift
stations required for the furnishing of service to the PROPERTY. At the time of
submission of the plans, specifications and engineering data by DEVELOPER to the
Director of Utilities, IF THIS AGREEMENT IS FOR (10) OR MORE ERC'S,
DEVELOPER, may 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 the Director of Utilities or his
authorized representative.
3. Meter shall be INSTALLED BY CITY. No meter shall be removed,
moved, bypassed, or altered in any way except by the CITY. Violation of this paragraph
may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in
default, or both. The imposition of a penalty shall be at the sole discretion of the CITY's
City Manager or his/her designee.
4. Non -metered use of City water or use of water from fire hydrants
may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in
default, or both. The imposition of a penalty shall be at the sole discretion of the CITY's
City Manager or his/her designee.
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 construction work to insure that
construction is at all times in compliance 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 Director of Utilities' authorized representative. Should there be cause
or reason for the DEVELOPER to engage the services of a registered engineer (other
than the design engineer) for inspections, then DEVELOPER shall notify the CITY.
within five (5) days of such engagement.
981208 3 Water and Sewer Developer's Agreement.doe
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The DEVELOPER's Engineer of Record shall prepare "As -Built" drawings
of all construction.
C. PRECONSTRUCTION MEETING
DEVELOPER and its Contractor shall arrange for and hold a
preconstruction meeting with the Director of Utilities or his/her authorized
representative. 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. An Engineering
Permit, payment of engineering fees and bonding based on a Certified Cost Estimate,
prepared by DEVELOPER's registered engineer, shall be required prior to any
construction.
D. WRITTEN APPROVAL OF THE DIRECTOR OF UTILITIES
The work to be performed by DEVELOPER, as provided in this
AGREEMENT shall not commence until all plans and specifications covering the work
to be performed are approved in writing by the Director of Utilities or his authorized
representative. Approved plans and permits must be on site at all times.
E. ENGINEERS PRESENT ATTESTS
During construction and at the time when periodic inspections are
required, the Director of Utilities or his/her authorized representative shall be present
and DEVELOPER's engineer shall be present to observe and witness tests for
determination of conformance to approved plans and specification. The City's
Engineering Inspector shall be on site at all times during sanitary sewer installation, and
notified before any water lines are installed. Any work performed beyond the City of
Tamarac Inspector's normal working hours 7:30 a.m. to 4:00 p.m., Monday through
Friday) must be inspected. The cost of inspection conducted by the CITY Inspectors
beyond normal working hours will be paid by the DEVELOPER including overtime at the
rate in effect at the time of inspection. The CITY reserves the right to directly invoice
the contractor, developer and/or owner for the costs of inspections by Utility Department
personnel that are requested or required to occur outside normal work days and work
hours.
F. COMPLIANCE WITH APPLICABLE LAWS
The work to be performed by DEVELOPER, pursuant to the provisions 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.
981208 4 Water and Sewer Developer's Agreement -doe
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G. AS -BUILT DRAWINGS
DEVELOPER shall, at its own expense and at no expense to the CITY,
furnish to the CITY one (1) complete set of AutoCAD compatible files on disk, one (1)
complete set of reproducible mylar and two sets of prints of 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. The As -Built drawings shall be
approved by the Director of Utilities' authorized representative. As -Built drawings shall
be certified and sealed by the DEVELOPER's engineer showing 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
locations of all surface features of these systems, easements and right of ways which
are part or adjacent to the property and shall include all paving and drainage facilities
constructed in conjunction with the water and sewage facilities.
H. CONTRIBUTION PAYMENTS FROM DEVELOPER
The contribution charges (both water and sewer) shall be calculated
according to rates set by Resolution of the City Commission.
The contribution charge 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 8Y2" x 11" 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. The DEVELOPER's
engineer of record will also supply to the CITY, meter calculations on all non-residential
meters based on the South Florida Building Code tables 461, 46J and 46Q for meter
sizes.
Payment of the contribution charges is a condition precedent to the execution of this
AGREEMENT. The payment of the contribution charges shall be made in accordance
with the applicable sections of the City Code.
The contribution charges applicable for this AGREEMENT are summarized as follows:
CONTRIBUTION (WATER)
Residential # 62-_ Units X 0.7 ERC's Per Unit @ $1,400.00 Per ERC
Non -Residential # a d 5 ERC's @ $1,400.00 Per ERC
Total ERC's S: $ (WATER) Total Contribution $
981208 5 Water and Sewer Developer's Agreement.doc
CONTRIBUTION (SEWER)
Residential # Units X 0•7 ERC's Per Unit @ $1,800.00 Per ERC
Non -Residential # .a- s ERC's @ $1,800.00 Per ERC
Total ERC's (SEWER) Total Contribution $ Ya , (PAD
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. The payment of GUARANTEED REVENUES required by this
AGREEMENT shall commence six (6) months after the payment of CIAC Fees. Plat for
the property been recorded with Broward County YES 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 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).
5. In accordance with Section 22-190 (b) of the Tamarac City Code,
there are sanctions or penalties that the City can exercise as a result of. unpaid .
guaranteed revenues, including interest penalties at a rate established by resolution of
the City Commission.
6. Unpaid Guaranteed Revenues are subject to annual interest rates
as established by City Commission.
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
981208 6 Water and Sewer Developer's Agreement.doc
set forth in Exhibit "E" and they shall be performed by DEVELOPER prior to the
issuance of the first Certificate of Occupancy, unless 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 one or more of the following sanctions or
penalties:
1. Any reserved plant capacity under this AGREEMENT may be
rescinded and forfeited.
2. The site plan for the PROPERTY is voidable by Resolution of the
City Commission.
3. No final inspections shall be approved by CITY.
4. No Certificate of Occupancy shall be issued by CITY for any unit on
the PROPERTY.
5. 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.
6. The CITY shall be entitled to lien the PROPERTY and foreclose the
lien in satisfaction of any payments due under this AGREEMENT.
7. CITY shall be entitled to any other remedy at law and failure to
exercise any remedy shall not constitute a waiver of said remedy.
981208 7 Water and Sewer Developer's Agreement.doc
M. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF .DEVELOPER
Prior to 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 exclusive 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 supplying water and sewer service to
the inhabitants, occupants and customers in DEVELOPER's PROPERTY and secure
from each mortgage and lienor a release of mortgagees' and lienors' interest in the
easement and fixtures 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. Easements shall be a minimum of 20' wide
for sewer and 15' wide for water.
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.
3. Furnish CITY with an AFFIDAVIT that all persons, firms or
corporations who furnished labor or materials used directly or indirectly 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.
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 of the sanitary sewer
collection system performed one (1) month before 1-year warranty period expires.
6. Install cleanout on consumer's sanitary service in accordance with
current Utility Standard Detail.
981208 8 Water and Sewer Developer's Agreement.doc
PART III. CITY'S OBLIGATION
A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS
When, at no cost to CITY, (1) the water distribution and sewage collection
systems have been satisfactorily installed, inspected, tested and approved and certified
in writing by the DEVELOPER'S engineer, together with the Director of Utilities, or
his/her authorized representative; and (2) when DEVELOPER has satisfied the
conditions of this AGREEMENT, then CITY shall thereafter maintain the water
distribution system and sewage collection system up to and within granted easements
upon DEVELOPER's PROPERTY. However, the CITY will only be responsible for the
maintenance of the sewer collection system from manhole to manhole and up to the first
cleanout of the service lateral within the granted easements and the CITY will only be
responsible for the maintenance of the water distribution up to the meter, fire hydrant, or
fireline service within the granted easements. The obligation of the CITY to furnish
water and/or sewer service other than construction water shall not arise until
DEVELOPER has completed the conditions contained in this paragraph. The CITY
shall reserve. ys• 9 ERC's of water service and W. y ERC's of sewage treatment plant
capacity for DEVELOPER.
B. SERVICE CONDITIONS ON LARGE USER AGREEMENT
The CITY has entered into a "Large User 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.
981208 9 Water and Sewer Developer's Agreement.doc
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PART IV. MUTUAL COVENANTS
It is mutually agreed by and between the parties that the preambles contained at
the beginning of this AGREEMENT are true and correct and in addition to them, it is
mutually covenanted 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. However, any other assignment or transfer of
DEVELOPER's rights and obligations is prohibited unless:
1. Assignment shall be done in writing in the same formality as this
AGREEMENT.
2. CITY shall be a party of said assignment and shall not 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 assigned.
DEVELOPER agrees to make full disclosure to any party purchasing 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. MUTUAL ADDITIONAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS
DEVELOPER
It is mutually covenanted and agreed by and between the parties as follows:
981208 10 Water and Sewer Developers Agreement.doc
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
occupants of buildings on DEVELOPER's PROPERTY shall not install or maintain 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 WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and
agrees that the rates are subject to change at any time by CITY.
D. CITY NOT LIABLE FOR DEVELOPER'S OR CONSUMER'S PROPERTY
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 main and
water service lines (from the water main to the water meter) and the sewage collection
system within granted easements to CITY pursuant to this AGREEMENT.
E. SYSTEMS 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 including
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.
981208 11 Water and Sewer Developer's Agreement.doc
F. 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 Commission meeting at which it was approved.
G. 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 much be paid at the rate prevailing at the time of the
application for larger meter for additional ERC's, to accommodate the larger meter.
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 private, unless the Director of Utilities has first
approved the use and the connection, and there has first been made adequate
provisions for compensating 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 and 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 portion of this
AGREEMENT is for any reason held invalid or unconstitutional 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
981208 12 Water and Sewer Developer's Agreement.doc
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 unenforceable 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 DEP
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/her 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 functioning condition, or if it is found
that a required assembly has been removed or by-passed.
981208 13 Water and sewer Developer's Agreement.doc
d. Single family residences shall be protected by a dual check
valve, which will be installed by a plumber on the outlet side
of the meter after installation of the meter.
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 of Utilities or his designee, 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
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. If at the time of testing, the assembly is
found to be malfunctioning, the DEVELOPER will be notified
by the CITY and water service will not be provided until such
time as the back -flow prevention assembly does pass
inspection.
h. Annual (or at intervals determined by Director of Utilities or
his/her designee) inspections and tests of back -flow
prevention assembly shall be performed by state certified
back -flow tester. DEVELOPER/OWNER must have tests
performed (with results submitted to Director of Utilities) by a
State certified back -flow tester at Developer/Owner expense.
The DEVELOPER/OWNER will be responsible for insuring
that proper plumbing permits have been obtained and fees
paid.
N. WELLFIELD PROTECTION
DEVELOPER acknowledges that property described in Exhibit "A" i��is
not) within a Broward County protected well field zone of influence per Broward County
Ordinance 84-60 or within an existing or proposed well field zone of influence as
determined by Tamarac Director of Utilities. If property is within said zone of influence, .
DEVELOPER agrees to limit uses of property to those uses that are allowed by Broward
County Ordinance 84-60 or as it may be amended.
981208 14 Water and Sewer Developer's Agreement.doc
0. PROHIBITED HAZARDOUS MATERIALS
DEVELOPER acknowledges that Broward County and the City of
Tamarac have ordinances that prohibit discharge of hazardous materials into the
sanitary sewer system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85-
52). DEVELOPER agrees not to discharge hazardous materials into the sanitary sewer
system as defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85-52
or as they may be amended.
P. VENUE
This agreement shall be governed by the laws of the State of Florida as
now and hereinafter in force. The venue for actions arising out of the Agreement is
fixed in Broward County, Florida.
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:
FOR THE CITY OF TAMARAC, FOR THE DEVELOPER:
City Manager Al
7525 Northwest 88th Avenue 3 Z-570 Alor'y,
Tamarac, Florida 33321
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 and Legal Sketch on an 8-1/2 inch
by 11 inch page of the PROPERTY.
981208 15 Water and Sewer Developer's Agreement.doc
EXHIBIT "B" - Receipt from third party for a portion of contribution
charge;
Applicable Not Applicable
EXHIBIT "C" - A sketch of the site plan of the PROPERTY reduced
to 8-1/2 inch by 11-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, the meter size(s) and a payment
schedule of phasing (if applicable).
EXHIBIT °E" - Modification of CITY's water or sewer facilities if
required by the Director of Utilities, if applicable.
Applicable Not Applicable X
981208 16 Water and Sewer Developer's Agreement.doc
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST.
By:
- Marion Swenson, CIVIC
City -Clerk
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
0"e Schreiber
Mayor
Date: dg/VtOi4 2,S, 2002-
J ey L. Miller
City Manager
Appro ed a to form:
By:
26.202
STATE OF FLORIDA WitcheKS. Kraft/
: SS City Attorney
COUNTY OF pl(1and
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
M/LL to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me and
under oath that 4he-d executed the same.
WITNESS my hand and official seal this .276 day of
2002 . 01
�rTrTrry rrrrrrrrrr�rr
�
14
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r �
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( ✓f Personally known to me, or
( ) Produced identification
NOTARY PUBLIC, St to of Florida
at Large
�aal-) M. n,akauzs
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
hIlIq
Type of I.D. Produced
( ) DID take an oath, or (✓S DID NOT take an oath
981208 17 Water and Sewer Developer's Agreement.doc
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day
and year first above written,
ATTEST•
By:
Ty e Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
DEE
By-Ty
Manager
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State afore th ounty fore d to take acknowledgments, personally
appeared�ad
to me known to be the person(s)
described in and who executed th oregoing Instrument and '1,�:acknowledged
before me and under oath that M7 executed the same. /
ITNESS my hand and official seal this day of�/ a
20_
(personally known to me, or
( ) Produced Identification
NO
at L r ,uw�rrprAecu�
�, i •.,t MY COMMISSION # CC 91A651
3 EXPI�IES: April 6, 2()!kl
I "+? �. w snnaed mN Norm PuM�c Underwrttsrs .
(Name of Notary Public: Print,- Stamp,
or type as Commissioned)
Type of I.D. Produced
DID take an oath, or ( 7 AID NOT take an oath.
981208 18 Water and sewer Developer's Agreement.doc
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I,`���o hereby affirm that I am the
of /'1 L L and that I have execute a/Wat r and
Sewer - EVELOPER's Agreement with the City of Tamarac for
project and that I am 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.
FURT T SAYETH NOT.
Ignature)
�/
This L day of � l/vrl , 20 p .
STATE OF FLORIDA
SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State afefPsai and in Cou t of r id to take acknowledgments, personally
appeared � to me known to be the person(s)
described in and who executed th foregoing instrument and acknowledged
before me and under oath that 7executed a same.
WITNESS my hand and oTflcial seal this day of
20Q' .
N YP
at Large : MY COMMISSION # CC 914651
EXPIRES: April 6, 2004
iiit = Bnndod Thtu Notary Pubk Underw teta
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
( personally known to me, or
) Produced Identification
Type of I.D. Produced
( ) DID take and oath, or ( DID NOT take an oath.
981208
19 Water and Sewer Developer's Agreement.doc
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first above written.
(OVA
Witness ee
Type Name
0QWj
Witness
Type Name
STATE OF FLORIDA
SS
COUNTY OF / a
Type Name/Title
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State a s i a in oury a# said to take acknowledgments, personally
appeared l to me known to be the person(s)
described in and who executed the foregoing instrument andacknowledged
before me and under oath that executed jhe same. �
/� ITNESS my hand and o Icial seal this �� day of .
,20
(V1 Personally known to me, or
( ) Produced Identification
12
N Y
JANIM PABGUL
at Large : MY COMMISSION N CC 914M1
EXPIRES: April 6, M
'oe, ik Bonded nru Notary Public Undarw here
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or ( DID NOT take an oath.
981208 20 Water and Sewer Developer's Agreement.doc
SUBJECT
SITE
LOCATION SKETCH
A PORTION OF
SEC. 5 & 6 TWP. 49
S., RGE. 41 E.
CITY OF TAMARAC
BROWARD COUNTY
FLORIDA
N.T.S.
6'RRvC —
LEGAL DESCRIPTION:
PARCEL "A" OF NOB HILL / WESTWOOD PLAT ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 144 PAGE 3 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
TYPE OF SURVEY, BOUNDARY & TOPOGRAPHIC
PREPARED FOR1 NATI❑NAL CONSTRUCTORS
REVISIONS:
10-16-00 SHOW ADDITIONAL TREES, HEDGE, BERM AND PARKING TO THE WEST
01-09-01 ADD SURVEYOR'S REPORT AND TITLE REVIEW ONLY.
05-07--01 ADD SITE BENCHMARKS ONLY.
CERTIFY T0:
STYLES HOLDINGS II, INC
CHICAGO /TITLE INSURANCE COMPANY
LEVINE & PARTNERS, P.A.
TOTALBANI, A FLORIDA BANKING CORPORATION
SURVEYOR'S CERTIFI(
I HEREBY CERTIFY THAT THIS SURVEY IS TRUE AND WF
KNOLEDGE AND BELIEF AS RECENTLY SURVEYDED AN A
AND MEETS THE MINIMUM TECHNICAL STAASTATE
BOARD OF LAND SURVEYORS IN CHAPTER
PURSUANT TO SECTION 472,027 FLORIDA
AUTHENTIC C❑PIES OF THIS
SURVEY SHALL BEAR THE
RAISED SEAL OF THE
ATTESTING REGISTERED
LAND SURVEYOR
E
T BEST OF .MY
DER Y DIRECTION.
THE LORIDA STAT
IN RATIVE C
AND SUM EY❑RS", INC.
_AND SIT YVf,❑4277
❑RIDA,
DATEi 10/11/2000 PENINSULA LAND SURVEYORS,INC,
T N SCALES ,,S,
SCALE,
❑a027raB LAND DEVELOPMENT CONSULTANTS
JOBSURVEYORS - PLANNERS
CAD FILES LD TAMARAC CONSTRUCTION LAYOUT
F.B. 109 PG. 59 13113 NW 42ND AVENUE, 2ND FLOOR
FILE No., A - 1019 MIAMI, FLORIDA 33054
SHEET 1 (IF 6 PHONE (305) 687-9191 FAX (305) 687-9190
r
SURVEYOR'S REPORT
I HEREBY REPORT TO CHICAGO TITLE INSURANCE COMPANY THAT I HAVE
MADE AN ACCURATE SURVEY OF THE PREMISES SITUATED AT THE CITY OF
TAMARAC, BROWARD COUNTY, STATE OF FLORIDA KNOWN AS STREET NUMBERS
VACANT SITE AND SHOWN ON THE ACCOMPANYING MAP OF SURVEY. IN
CONNECTION WITH SUCH SURVEY I MADE A CAREFUL INSPECTION OF SAID
PREMISES ON OCTOBER 11, 2000, AND AT THE TIME OF INSPECTION I FOUND TO
BE IN POSSESSION OF SAID PREMISES VACANT/UNOCCUPIED. i .
I MADE A SPECIFIC EXAMINATION WITH RESPECT TO THE FOLLOWING
ITEMS AND REPORT THE EXISTENCE OF EVIDENCE OF THE FOLLOWING:
1. RIGHT OF WAY, INCLUDING THOSE FOR ROADS, LANES, DRIVEWAYS OR
WALKS ACROSS SAID PREMISES SERVING OTHER PROPERTY: NONE
WITHIN BOUNDARY LIMITS OF SITE.
2. STREAMS, PONDS, OR LAKES LOCATED, BORDERING ON OR RUNNING
THROUGH SAID REMISES: NONE.
3. TELEPHONE, TELEGRAPH OR ELECTRIC POWER POLES OR WIRES
OVERHANGING OR CROSSING SAID PREMISES AND SERVING OTHER
PROPERTY OR PROPERTIES: SEE SKETCH OF SURVEY OVERHEAD
ELECTRIC LINES WITHIN 12' FEET UTILITY EASEMENT.
4. UNDERGROUND INSTALLATION SUCH AS SEWERS, WATER PIPES, GAS OR
OIL PIPE LINES, CONDUITS, ACROSS SAID PREMISES: AN 8" WATER STUB
OUT AS SHOWN ON AS -BUILT DRAWINGS PREPARED BY MICHAEL D.
AVIROM PLS DATED 1-15-91 (AS -BUILT DRAWINGS FOR PARCEL B).
5. DRAINAGE DITCHES OR UNDERGROUND DRAIN TILE ACROSS SAID
PREMISES: NONE.
6. JOINT DRIVEWAYS OR WALKWAYS; PARTY OR CURTAIN WALLS, BEAM
RIGHTS; PORCHES, STEPS OR ROOFS USED IN COMMON OR JOINT
GARAGES: NONE,
7. ENCROACHMENTS, OR OVERHANGING PROJECTIONS (IF OUR BUILDING OR
ITS EAVES, FIRE ESCAPES, BAY WINDOWS, DOORS, FLUE PIPES, STOOPS,
OR AREAWAYS, OR SIGNS AFFIXED THERETO, OR OUR FENCES, WALKS,
DRIVES, GATES OR ENTRANCES ENCROACH UPON OR OVER HANG
ADJOINING PROPERTIES, OR SIMILAR ADJOINING STRUCTURES ENCROACH
UPON OR OVERHANG OUR PREMISES, SPECIFY SAME AND IF BUILDINGS
ARE SUBSTANTIALLY ON PROPERTY LINES INDICATE IF WALLS ARE
PLUMB AND IF FOUNDATION AND FOOTINGS ARE WITHIN LINES): NONE.
WALL ALONG NORTH EASTERLY BOUNDARY OF PARCEL 'B'LYING 0.60 FEET
WEST OF SAID BOUNDARY LINE MAY HAVE FOUNDATION ENCROACHING
(NOT EXPOSED).
8. PHYSICAL EVIDENCE OF BOUNDARY LINES ON ALL SIDES (BE SPECIFIC
AS TO HOW BOUNDARY LINES ARE EVIDENCED; THAT IS, BY FENCES,
PLANTINGS, ETC, INDICATED WHETHER SAME DIFFER FROM DEED LINES
AND WHETHER THERE IS EVIDENCE OF DISAGREEMENT AS TO
BOUNDARIES): 6' HIGH CBS WALL AND 3' WIDE HEDGE ALONG WESTERLY
AND EASTERLY BOUNDARY LINES.
9. ANY UNUSUAL ELEMENTS OF USE OR POSSESSION AFFECTING SAID
PREMISES (CEMETERIES, PARKS, ETC.): NONE
10. EVIDENCE OF CONTEMPLATED, COMMENCED OR NEWLY COMPLETED
CONSTRUCTION (BE SPECIFIC AS TO WHAT HAS BEEN DONE AND
INDICATE THE NAMES OF ANY PARTIES WHO MAY HAVE OR WILL SUPPLY
EITHER LABOR OR MATERIALS): NONE.
DATE, 10/11/2000 PENINSULA LAND SURVEYORS,INC,
SCALE, N,T.S.
J❑B ❑RDER1 002768 LAND DEVELOPMENT CONSULTANTS
CAD FILE, LD TAMARAC SURVEY❑RS - PLANNERS
C❑NSTRUCTI❑N LAYOUT
F.B. 109 PG. 59 13113 NW 42ND AVENUE, 2ND FL❑❑R
FILE No., A - 1019 MIAMI, FL❑RIDA 33054
SHEET 2 ❑F 6 PH❑NE (305) 687--9191 FAX (305) 687-9190
C7
SURVEYOR'S NOTES:
1, ELEVATIONS WHEN SHOWN REFER TO NATIONAL GE❑DETIC VERTICAL DATUM (NGVD),
2, THIS FIRM HAS MADE NO ATTEMPT TO LOCATE F❑❑TINGS AND/OR F❑UNDATI❑NS
UNLESS OTHERWISE NOTED.
3. THE LANDS SHOWN HEREON HAVE NOT BEEN ABSTRACTED BY THIS FIRM REGARDING
MATTERS OF INTEREST BY OTHER PARTIES, SUCH AS EASEMENTS, RIGHTS OF WAY,
RESERVATIONS, ETC,
4, THIS SURVEY WAS PREPARED FOR AND CERTIFIED TO THE PARTY(IES) INDICATED
HEREON AND IS NOT TRANSFERABLE OR ASSIGNABLE.
5, ALL BOUNDARY LIMIT INDICATORS SET BY THIS FIRM ARE STAMPED L13 # 6454.
6. THE BOUNDARY LIMITS ESTABLISHED ON THIS SURVEY ARE BASED ON THE LEGAL
DESCRIPTI❑N PROVIDED BY THE CLIENT OR ITS REPRESENTATIVE.
7, BEARING WHEN SHOWN ARE TO AN ASSUMED MERIDIAN AND BASED ON THE SUBJECT
RECORD PLAT,
TITLE REVIEW:
PENINSULA LAND SURVEYORS, INC. HAS REVIEWED THE FOLLOWING ITEMS ON
SCHEDULE B, SECTION 2, OF THE TITLE COMMITMENT PREPARED BY CHICAGO TITLE
INSURANCE COMPANY, FILE NUMBER °300003936, DATED 06-20-00.
ITEM DESCRIPTION
REC. INFO. COMMENT
5.
NOB HILL/WESTWOOD
PLAT. PB-144,
ALL PLATTED EASEMENT ARE SHOWN
ON SKETCH OF SURVEY
RESTRICTIONS, COVENANTS,
CONDITION AND DEDICATIONS
REFER TO RECORD PLAT.
6.
RESOLUTION NO. R-78-185.
ORB-8066
THIS RESOLUTION AFFECTS
PG-113
ENTIRE SITE.
7.
BLANKET PUBLIC SAFETY
ORB-17281
EASEMENT AFFECTS ENTIRE SITE.
INGRESS/EGRESS EASEMENT.
PG-937
9.
TERMS, CONDITIONS,
ORB-17710
THIS INSTRUMENT DOES NOT AFFECT
RESTRICTIONS ETC. SET
PG-219
THE SUBJECT SITE.
FORTH WATER & SEWER
AGREEMENT.
11.
TERMS, CONDITIONS,
ORB-4057
THIS INSTRUMENT AFFECTS SUBJECT
RESTRICTIONS,
PG-961
SITE.
12.
TIGHT —OF —WAY WESTWOOD
ORB-6260
SEE SKETCH OF SURVEY.
DRIVE.
PG-620
TREE_LEGENQ
TYPE OF TREE (IF KNOWN)
TD = TRUNK DIAMETER
BENCHMARK
SPR = SPREAD
BM # 2933 S 07 T 49 R 41 ELEV. = 11.395
H =HIGHT
SQUARE CUT IN SIDEWALK ON THE SOUTHEAST
NOTE: TREE SPREADS ARE NOT DRAWN TO
CORNER OF 100 AVENUE AND MCNAB ROAD.
SCALE FOR PURPOSES OF
CLARITY
DATE, 10/11/2000 PENINSULA LAND SURVEYORS,INC,
T N SCALES ..S.
SCA ❑N.T. a0�7�e LAND DEVELOPMENT CONSULTANTS
JOBCAD FILE, LD TAMARAC SURVEYORS - PLANNERS
C❑NSTRUCTI❑N LAYOUT
F.B. 109 PG, 59 13113 NW 42ND AVENUE, 2ND FLOOR
FILE No,, A -- 1019 MIAMI, FLORIDA 33054
SHEET 3 OF 6 PHONE (305) 687-9191 FAX (305) 687-9190
. . ■
�r V / TREE 11.8 FIP 11Z TD 2.0
BELFORT PARCEL "D"- SPR ,O �-� CAS 2226 P45PB 122 PG 11 f1 40 ,' >a �1/'\�HOTI)K1 5 BELFORT PARCEL "D"
BCR SPR0 PB 122 PG 11
NE F9`� p 40 BCR
RIP
, y
CAP�212 J �`'1 .o��j�FP� HPaRO PINE f�ys� A�6F,1� �D 2.5
RLS 22260 . �J PINE SP �5' Jac ��6 SPR �0
TD .50'
�� `'� 1 HP3D)5 H 0 �0 POINCIANA H 40AK2.
d. 1L• TO 2.0' 1` 5 ,
PINE SPR S R 5
'y TD .3Q
SPR 5 POINCIANAS
r .moo ��• H 35 SPR1 8 P �
vicD
PALM PALM20
� 0 0. 1 E.
FIP
TO 1.0 TD 1.0 >p o } I �� CAP#
SPR 10' SPR 10 m I RLS 2226
H PINE
H 10w
m is W I
SPR1 )5�h
G spY H 50 y i
PARCEL. „A„ I z
VACANT PINE - 1� _ 11�
9y a .y 12.2 of
TD 1.0 s I Q = c)
ti 'PINE 1 SPR j$ �2 L'I C-
v-o• TD 2.0 H 45 `�� ¢ �m SPR 40' n �,�
PARCEL "B„ cn�yF H 60' I 1pg a m
NOB HILL/WESTWOOD PLAT �y �� 0 °
PB 144 PG 3cp
`a� r oLn
y nGr� V ;:o n
SIP 8.50'
lWSo N
EAST
SEE DETAIL "1" 12' UTILITY EASEMENT ail
SHEET 5 OF 6 m (144-3JU-R.
Iti 50' _ I
CLF ,
0.73 E-
1500'18 R=155.00 1=19� 72
1i 1P ,*�^
�q4-5�e�� �.1DgA"I�V��'' DR6D60 PG 620)
6D' �W RSITE BENCHMARK 1
S.W. CORNER OF FPL TRANSFORMER
1�65�6� PAD ELEV.- 11.94'
FND SKETCH OF SURVEY
DATEi 10/11/2000 PENINSULA LAND SURVEYORS INC,
SCALE, 1` = 100'
JOB ❑RDER1 002768 LAND DEVELOPMENT CONSULTANTS
CAD FILE, LD TAMARAC SURVEYORS - PLANNERS
CONSTRUCTION LAYOUT
F.B, 109 PG. 59 13113 NW 42ND AVENUE, 2ND FLOOR
FILE, A - 1019 MIAMI, FLORIDA 33054
SWEET 4 OF 6 PHONE (305) 687-9191 FAX (305) 687--9190
0
O
-------_--------------- ` q)
END OF BERM
S.E. CORNER OF SITE
DETAIL "2"
N.T.S.
,
v
TREE
C, TD 1.2 , BERM
SPR ?o SEE DETAIL "2"
H 25
SIP
�g p �OE °` GRASS S%NLE a�
vlb � 20'
EPSFda
A5pN ALT PAVEMENT —�
�1k
` STW00D DRIVE
\ 60' R/W (ORB 6260 PG 620)
DETAIL Ill IV
DATE, 10/11/2000 PENINSULA LAND SURVEYORS,INC,
1 S SCALE' = 80'
SCALE,
� ooLAND DEVELOPMENT CONSULTANTS
JOBSURVEYORS - PLANNERS
CAD FILE, LD TAMARAC CONSTRUCTION LAYOUT
F.B. 109 PG. 59 13113 NW 42ND AVENUE, 2ND FLOOR
FILE No.t A - 1019 MIAMI, FLORIDA 33054
SHEET 5 OF 6 PHONE (305) 687--9191 FAX (305) 687-9190
ui
I
■
LEGEND:
FIP - FOUND IRON PIPE
SIP - SET IRON PIPE
FND - FOUND NAIL AND DISC
SND - SET NAIL AND DISC
FDH - FOUND DRILL HOLE
CBS - CONCRETE, BLOCK, STUCCO
R/W - RIGHT OF WAY
CLF - CHAIN LINK FENCE
CONC- CONCRETE
FH - FIRE HYDRANT
MH - MANHOLE
PVT PAVEMENT
SB - SOUTHERN BELL
FPL - FLORIDA POWER AND LIGHT
CTV - CABLE TELEVISION
BLDG- BUILDING
-- MORE OR LESS
(R) - RECORD
(M) - MEASURED
(C) - CALCULATED
A - ARC
CENTRAL ANGLE
/ R RADIUS
T - TANGENT
WF - WOOD FENCE
PL. - PLANTER
CB - CATCH BASIN
BC - BUILDING CORNER
GWA - GUY WIRE & ANCHOR
WM - WATER METER
EAS - EASEMENT
E/M - ELECTRIC METER
RES - RESIDENCE
UTIL- UTILITY
CLR - CLEAR
ENC - ENCROACHING
A/C - AIRCONDITIONER
TYP - TYPICAL
❑/E - OVERHEAD ELECTRIC LINES
PP - POWER POLE
D/W - DRIVEWAY
COL - COLUMN
NTS - NOT TO SCALE
EB - ELECTRIC BOX
❑/S - OFFSET
CML - CITY MONUMENT LINE
LP - LIGHT POLE
SEC - SECTION
TWP - T❑WNSHIP
RGE - RANGE
C❑V - COVERED
STY - STORY
L - CENTERLINE
CLF - CHAIN LINK FENCE
PC - POINT OF CURVATURE
DCR - DADE COUNTY RECORDS
BCR - BROWARD COUNTY RECORDS
(50,00) - INTERI❑R LOT DIMENSI❑N
OR REMAINDER OF LOT
DIMENSION
- ELEVATION
P/S - PARKING SPACES
DATE, 10/11/2000 PENINSULA LAND SURVEYURS,INC,
T N S SCALE,.S,
Soo2�be LAND DEVELOPMENT CONSULTANTS
JOB
CSURVEYORS - PLANNERS
An FILE, LD TAMARAC
CONSTRUCTION LAYOUT
F.B. 109 PG. 59 13113 NW 42ND AVENUE, 2ND FLDOR
FILE No,, A - 1019 MIAMI, FLORIDA 33054
SHEET 6 OF 6 PHONE (305) 687-9191 FAX (305) 687-9190
■
0
EXHIBIT C
SITE PLAN
SKETCH
a
4�"
tat -2,
99
OF/
41
41
MRSIMITM
EXHIBIT D
TAMARAC
...
WATER & SEWER AGREEMENT
DEVELOPMENT: NOB HILL LANDINGS
METER SCHEDULE FOR RESIDENTIAL USE
BUILDING
NUMBER
# OF ERCS
WATER
SEWER
NO, OF
METER
NUMBER
OF UNITS
WATER
SEWERCIAC
FEES
CIAC FEES
METERS
SIZE
1
2
- — 22
15.4
14.0
14.0
15.4
$21,560
$27,720
1
2"
20
14.0
14.0
$19,600
$25,200
1
2"
3
20
$19,600
$3,500
$25,200
1
2"
CABANA
1
$4,500
2.5
2.5
1
Total
45.9
$64,260
$82,620
63
45.9
4
NA
R
DUMPSTER(S) CONNECTED TO SEWER
�7a 1 ERG EACH = ---" ERC'S (SEWER)
TOTAL ERC'S 5' (Water) 'Ar- (Sewer)
THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER
AT 6" DIAMETER
I_iff:idr7P1►►I;kj;1.j
AT DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. E(_�
ERC'S = _ `�. f� SITE ACRES = 11. d ERC'SISITE ACRE
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED
A "^%.0r- 1! Af-r-Ir Yl rr A ARUIE At IU N 1!"1rI'11 �1f")re Arl.ltt� /1r TI I[" [�/l� I_r ft /R I"11(l A
tipwv� 1v�CC i i nm ivIlIVI v�uw, fl�\n(UIf1CIVIGIY 1.3 yr i IE .7vw 11, 11 IFLO/1"rurr
$UiLDiivG CODE FGR THE INTENDED USE.
981208
11 owAt- D ,7tq 6c d•✓
TYPE NAME
22 Water and Sewer Developer's Agreament.doc
raX;yb4—(bl-1469 Jun b '01
Reply to:
19 Fort r.audcrdale, FL
Telephone: (954) 761.1404
Facsimile: (954) 761-1489
Date
Facsimile to
Subject
From
Number of pages
ERADY & COKER
501 Northeast 8th Street
Fort Lauderdale, FL 33304
Reply to:
0 Washii�gtozl, nG
Telephone: (202) 547-7490
Facsimile: (202) 547-0863
-ADVICE OF FACSIMILE TRANSMISSION -
June 6, 2001
Mr. Dave Moore 724-2406
Nob Hill Lands, LLC
Faye Johnston, Legal Assistant to Richard G. Coker, Jr.
(including this cover page)
Please Note: The information in this facsimile transmission is intended only for the personal and
CONFIDENTIAL use of the designated recipient(s) named above. This message may be an
attorney/client communication and as such is privileged. IF THE READER OF THIS
FACSIMILE IS NOT THE INTENDED RECIPIENT, you are notified that you have received
this document in error, and that any review, dissemination, distribution or copying of this
transmission is strictly prohibited. If you have received this transmission in error, please z'Jotify
this office immediately via telephone at (954) 761-1404_ We will provide you with; instructions
on disposal of the message. Thank you.
SENDER'S COMMENTS: Enclosed is the filing information I received from the Secretary of
State, showing that Paul Steinfiirth is the managing member or manager of the above (see
Paragraph 9 on the Application. Please call if you have any questions.
BRRDY&COKFR Fax:954-761-1489 Jun 6 '01 10:52 P.02
f856)4187-6013 DEfow.
r 7
ACCOiJDFI' NO. 0721.0000OUJ2
REFERENCE 956614 128671A
AUTHORIZATION
COST LIMIT - $ PREPAID
----------------------------------------------------------------
ORDER DATE January 8, 2001
ORDER TIME 10:52 AM
ORDER. 10. 956614-.00$
CUSTOMRR NO: 128671A
CUSTOMER: Ma- Mireya Kager
Levine & Partners, P.A.���Q�`'�`
7th Floor
1110 Brickell Avenue
Miami, FL 33131
FOREIGN FILINGS
NAME: NOB HILL LANDINGS, LLC
XX QtiALIFTCA.TION (TYPE. Q)
PLEASE RET= THE FOLLOWING AS PROOF OF FILING:
XX CERTIFIED COPY
PLAIN STAMPED COPY
1 ---- - CERTIFICATE OF GOOD STANDING
CONTACT PERSON: Joyce Markley - - EXT# 1130
EXAMINER • �`J
rr,
C
BRADY&COKER Fax:954-761 1489 Jun
(850)487-6013 06r06/01 a'Fl. Dept. of State gz i p
M•
•C
APPLiCA 1ON $X FOREIGN LBWED LMgILrry COMPANY FOR AUTS0gl7A'ION TO
TRANSACT BUSMESS IN FLORIDA
GMM
CAS i IH �SOBi FLaWA SfA7= THE Fog T A FORUM
�LLtht�'IiYCJ01l�p 7ROUCTBUBM Nnw srATF.CIF,PIl,1Mt
j.,ZMTjIGS, LW-, a D1waare limited li.abi.lity capaNy
(Na,=;?&;ig j lilmitad liability oom Y)
Stag of Dahmare 3. (appLied, fo=) _..
l►waber, if applicable)
��p� ts �e� Ia�v of �ehicb f�� limped i�itity f
�. �r 2d, 2DD0 5• �� will case io
(Dnttitta • am limited liability aocupssY
exist or6.
(Date first tra�actad br>sixteas in Florida. (Sea sccdons $0$.S0I, SOS.502,817.155, .S.)
7. 3250 tiny StMet., Sure 306 -
Miami, Florida. 33133
(Surat address ofprinc�l tea)
S. if Iiinited liability company is a manage r-m=sged cOMPEW+ chwk hcm
9. The WMC and usual busiuess addresses of the m0figing membeas ar managers are as follows:
Paul c. steinfur6h
3250 Mty Suer t, Suite 306
1&mj, Florida 33133
10 Atl eClisannc�ala afe ce.mmat��90r y+sdd, y�� lea 6aVragci�lndyafiecocdsiooi
the wdkrftlavvaf itis(p►#wwavyis 8w 1ft v0%6fiiaameisia1 a llv�a
tr im Qfft0ffffMMdfrC&af#z iyemba>td)
11. Nature of business or purposes to be conducted or promoted in Florida:
real esttt e .
v:
�r
CD
Signature of a member or an a► tba6med represalatir+e of a member.
MA
ror
(Ia aware with s xdw 608.408(3), F.S., the -V=M um OFthes da.�ea eota dUMS
daac
Co�,
-C
as of amaden andcr the PeWties of pedurY d at ttW &ds sWed herein are ttu
Z
pawl C- Steinforth. 1. Manager
-�
rri
Typed or printed name of signee
n
b�
_'
T
BRADY&COKER Fax:954-761-1489 Jun 6 '01 10:53 P.04
.............. .1, ,,.._3.......�
(.850 )457-6013 06108/ 01 i ' 7 p':t of 5tat P
CERTIFICATE OF DESIGNATION OF
REGISTERED AGENTIREGI'STERED OFFICE
PURSUANT TD THE PROVLSIONS OF, SP.C'IION 609.415 ar 60$507, FLORIDA STATUTES, THE
UNDERSIGNED" UNnW IJASILITY OObeANY SUBUM THE FOLLOWING STATEMENTTO DESIGNATE A REGISTERED OFFICE AND REGISTERED AGE IN THE STATE OF
FLORID&
1. The name ofthc Limited Liabilliy Company its!
NOB 411Z, I,ASMMS, LLC, _a Da awam Lhnted 1 iabia y ampany
2_ The name and the Ftoe-ida sb=t addiress of the registered agent sod of are:
Paul C. Ste:=anfurth
(Name)
3250 Mary Stack, $Uita 306
HarWa stet address (P.O. Box FMAaMTAKS)
Atianu. 33133 ..
City/abdg 9p
Laving been mmed as reguterpd r;gmt and to as ept services ofpumu fair the show staAed IrmWd
liability company at tlee places desig► aW in A& ogr f cak I hav y aceeept the gTob tmerrt as rid
agent and 49rae to act in tiers cgpaecity. Ifun*w ugm to comply with thepmvtdow of al! statutes
> &amg to the praper and complete pe►gbmumw of my dudes, and I rare fmm7iar with and a ccVt the
ablgcrtions of m� ptticen as'�aSisterepl ggre►�t as Prova`dedi6�r in Cap^ 60.
l
S 100.00
FUfng Fee for App%Wdan
S 2&W
Damnation of Iiq&bmd Agent
n y
�-
>
$ MM
Cerf�Sied Copy (off)
C�
S SM
Certricate of Status (optiouat)
,
71
BRRDY&COKER Fax:954 761-1489 Jun 6 '01 10:53 P.05
cs5o}s�-soi3 oeiogoi 3;:i°—.---`..,,_._..._......_._..._.r;----,._.�........._....- ............. t _...._...... -
svt
A y i
State of Delaware PAGE 1.
Office of the Secretary of State
1, EDWAR1) J- FREEL, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "NOB HILL LANDINGS, LLC" IS D-OLY
FORMED UNDER THE LAWS OF THE ,STATE OF DELAWARF AND IS IN GOOD
STANDING AND HAS A -'LEGAL EXISTENCE -SO PAR. -AS THE RECORDS OF THIS
OFFICE SHOW, _AS OF = TAENTY-RTMTK D$Y OFr_nRQ9MBZR, A.D. 2000.
AND I-VO,HMBY FURTHER CERTIFY THAT ZHE AP-M4 TAXES • HXVE
NOT BEEN ASSESSED TO DATE.
cp
ten"• —
> ... G
�� Co
�� N w•
gp Ed -we J. Firel, Secft" of State
3335745 8300 AUTHENTICATION. 0882974
001654763 DATE: 12-28-00