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Home My WebLink AboutCity of Tamarac Resolution (316)Temp. Reso. #9669 January 30, 2002 Rev. #5 — August 21, 2002 l CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-316 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ELFRIEDA R. COMPTON, VOIDING THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH BANYAN LAKES CORPORATION FOR THE BANYAN LAKES DEVELOPMENT LOCATED ON THE SOUTH SIDE OF BAILEY ROAD BETWEEN ROCK ISLAND ROAD AND 81 ST AVENUE; RELEASING THE PROPERTY LIEN ON SAID PROJECT FOR DELINQUENT GUARANTEED REVENUES IN THE APPROXIMATE AMOUNT OF $18,103.51; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT AND RELEASE OF LIEN IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac entered into a Water and Sewer Developer's Agreement on October 28tt', 1987 with Banyan Lakes Corporation, located on the South Side of Bailey Road between Rock Island and 81 st Avenue (attached hereto in map form as "Exhibit 1"); and WHEREAS, the Developer has constructed some, but not all of the units approved; and WHEREAS, the Developer has failed to pay Guaranteed Revenues per Part II, Section I of the Developer's Agreement for the unconstructed units; and WHEREAS, a lien has been filed against the property for the outstanding Guaranteed Revenues, plus interest; and Temp. Reso. #9669 January 30, 2002 Rev. #5 — August 21, 2002 2 WHEREAS, the Developer has been notified of this delinquency and lien by certified mail; and WHEREAS, a new investor has purchased the property for resale and is requesting that the existing Water and Sewer Developer's Agreement be declared void (hereto attached as "Exhibit 2"); and WHEREAS, a subsequent developer can not complete construction and pay the required CIAO fees until the Water and Sewer Developer's Agreement has been made void and guaranteed revenue liens associated with the property are released in the approximate amount of $18,103.51; and WHEREAS, the receivables in the approximate amount of $18,103.51 have been determined to be uncollectible from Banyan Lakes Corporation or its successors; and WHEREAS, collection of new CIAO fees should benefit the City in the amount of $35,200, in addition to the previously paid CIAO fees paid in the amount of $27,203; and WHEREAS, said action will provide the City of Tamarac with a net revenue of $44,299.49; and WHEREAS, City Code Section 22-190(b) and Section 6(b) of the existing agreement allows that the City is entitled to any remedy at law when the Developer is in default; and 1 Temp. Reso. #9669 January 30, 2002 Rev. #5 — August 21, 2002 3 WHEREAS, it is the recommendation of the Director of Utilities that the Water and Sewer Developer's Agreement be declared void, and that Guaranteed Revenue liens be released from the property; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it in the best interest of the citizens and residents of the City of Tamarac to void the Water and Sewer Developer's Agreement with Banyan Lakes Corporation, its successors or assigns, and to remove the property lien for Guaranteed Revenues for the Banyan Lakes Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The forgoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Section 2: That appropriate City Officials are hereby authorized to execute an Agreement with Elfrieda R. Compton to void the Water and Sewer Developer's Agreement with Banyan Lakes Corporation, its successors and assigns, for the Banyan Lakes Development located on the south side of Bailey Road between Rock Island and 81st Avenue (attached hereto as "Exhibit 3"). Section 3: That all unused ERC's and CIAC funds revert to the City. Section 4: That all Water and Sewer Guaranteed Revenue liens be released from the property and receivables in the approximate amount of $18,103.51 be written off. Temp. Reso. #9669 January 30, 2002 Rev. #5 — August 21, 2002 4 Section 5: That the City Clerk is hereby authorized and directed to record said Agreement and release of lien in the Public Records of Broward County. Section 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section is If any clause, section, other part of application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part of application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section & This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13th day of November, 2002. MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. M CHELL S. K CITY ATTORNEY RFG:AML JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER Afl >c---N� my DIST : COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE 1 XJ J TEMP, RESO. # 9669 COURTYARDS SHOMAR SHABAT VILLAGE CONDO BANYAN LAKES Exhibit 2 Temp. Reso. #9669 Elfrieda R. Compton 230 Lake Court Ft. Lauderdale, FL 33308 954-491-6045 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ray Gagnon Guaranteed Revenues 6001 Nob Hill Road Tamarac, FL 33321 July 31, 2002 Dear Mr. Gagnon, I am the new owner of the three lots, a total of 9 units, that are located in Banyon Lakes, Tamarac. The lots are: Lot #1 LIVE OAK, 17 & 18, # 9111-27-017 Lot #2 LAUREL LANE, 25, 26, 27 # 9111-27-025 Lot #3 LAUREL LANE, 36, 37, 38, 39 # 9111-27-036 I respectfully request that the Developer's Agreement that runs with the land dated Oct. 28, 1987, be void. I understand that there will be no rebate paid to me for fees already paid, past or future. I am not the developer of this land, I am just trying to get the many problems this property encumbers resolved, so that it will be ready for development as soon as possible. Sincerely, Elfrieda R. Compton Mtn t� J W)- M A Fax Deed Idle No. 21759 PI-opelly Identification No. 91 1 1 27 025 Tax Deed State of I+lor'idn. ('otinty of Bt-oward Dr-506 R.01 /95 TNSTR # 101805807 OR BK 32968 PG 0845 RECORDED 03/29/2002 02:12 PM COM1MISSION BRf1WARD CWWY DOC STKP-D 73.50 DEPUTY CLERK 1016 he following Tax Sale Certificate Numbered 12869 issued on May 28,1999 _ _ _ _ Nvas filed in the office of the tax collector of this COUnty and application made for the issuance of a tax deed, the applicant having Maid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeenwd_. and tic cu,4 and Cxpc1Iscs of this sale, and CIuC not of sale having been pLIN shed as required by law. and no person entitled to do so having appeared to redeem said land; such land was on the day of October 17. 2001 offered for sale as rcclimed by law for cash to the highest bidder and I loving no bids at the sale and Revenue Collector having complied with Sec. I97,502(7)I`.S was sold front bands Available 101 '1"axes to: FLFRIEDA COMPTON whose address is 230 1 AKl ('Ot.JR"T", FT, LAC)D1 RDAI_;F. Fl/ 33308 being the highest bidder and having laid the sum of his bid as regAired by the l_,aws of f lorida. Now on this 20TH day of MARCH ,2002 in the County of' Broward, State of Florida, in consideration of tilc suns of ($ 104 12.37) en Thousand Four Hundred Twelve and 37/1.00 _ being the amount paid pursuant to the Crl Florida does hereby sell the following lands, inCluding any heredltaments, bUlldrngs, frxtLIres and 1111provC111011t5 of am; kind and description, situated in the-; County and State aforesaid and described at follows: l� HIS TAX DEED 1S SUBJECTIn BANYAN 1,AKT S 102-18 B POR I'AR A DESC LL OMM SI:", COR O PAR A, N391.04, W157.$3 TOXISTtNG PUBLIC Py )B, S1.17,89 NW95.11, N 103 31, I? 93.97 TO 130B UTILITY & GOVERNMENT AItiA: tJNFFS 25,26, & 27 BANYAN LAKES 1tLVISBD S/A W'it NEWTS BANYAN FSTAT S . I 0 114-41 0 A 0, I /1 n 1 I < J County of 1.,1ori a Broward 'r4 - . .� < (Seal) ountv'Administrator Browaxd Countv, Florida On this 29TH Day of MARCH . 2002, before me John Canuron Stortiv Jr Personally appeared Jan Leland DCPLItV Countv Administrator .� `+�.'"j- E'hmii Cott'! Deputy County Administrator or County Comptroller in and for the State and this County known to r11c ® to be the person described in, and who executed the ibre,going instrument.. and acknoNvledged the execution of this instrurncnt to be his own free act and deed for the use and purposes therein mentioned.712, -- W'rtrless illy hand and office seal date aforesaid. i1' LIE' '� C i1 hilkbfi k DD 002704 fi Tax Deed File No. 20884 Di--506 Proper-ty ldetttificatioti No. 91 1 1 27 Tax Deed State of Florida Comity of M-oward t1,01 /95 INSTR # 102100842 OR BK 33497 Pages 1598 - 1600 RECORDED 07/23/02 12:32:53 BROWARD COUNTY COMMISSION DOC STMP-D $107.10 DEPUTY CLERK 2000 #1, 3 Pages (le. following Tax. Sale Ccoificate Numbered 9510 issued oil May 31, 1996 _ was filed in the oil -ice of the tax collector of this County and application made for the issuance of a tax deed, the applicant having paid or' redeemed all other taxes or tax sale certificates oil the land described as required by law to be paid or redeemed, and the col :.ind expenses of this sale, and due, notice of sale having been published as required by law, and net person entitled foi to do so having appeaappearedappearedto ruduem said land; such land was on March 22, 2( (_)( off,cred sale as the day of T icquired by law tor' cash to the highest bidder and Having no bids at the sale and Revenue Collector having complied with Sec. I1),.502(7)F.S. was sold front Lands Available For -Taxes to: ELFRIEDA COMPTON whose acldr'css is: ?30 LAKF COURT, FT. LAUDERDALE, FL 33308 _being the highest bidder and having paid the SLIM of- his bid as required by the laws of Florida. Now on this_17TH day of JULY 2002 _ in the County of 13rowai-d, State of, 11ol-ida, in consideration of the stem of (S 15250.97) Fifteen Thousand Two Hundred Fifty and 97/1O((�_being the. arlrount Maid pursuant to the laws cif Florida does hereby sell the following lands, including ally hereditainents, buildings, fixtures and improvements of any kind and description, situated in the County and State aforesaid and described at follows: lri �JUaJECr� . 1- TAX DEEDi,, BANYAN I,AKI S 102 1$ B (� R t r � 3t i R PAR A DFSC AS COMM SIB CORNER PAR A, W 335,09 'I'C7 = 'G�� , ' ��dn�'.✓ _ EXISTING PUB 6 ppE,,J1� pp 3 i' VNT W 183.50, NE 106.84, E 115.68 'I'o P/C, SF LY AN ARC DISC�- i4 58.39, S 67.43'I'O POk3; AKA UNITS 3(i, 37, 38 & 39 U i 13ANYAN 1,AK1 S K1:VISED S/A BANYAN ES`I'ATFS Deputy County Admini 1 1.3rowar-d County, Florida Colint.v of, l3rowtu-d Q Orr this 22ND Day of JUL.Y 2002, before tree C . Story, Jr. Personally appeared India. L,.alsingh Deputy Count Administrator toterr meron -- __ _ Deputy County Administrator or County Comptroller in and for the State and this County known to rile. 4he thc- [terson described in, and who executed the foregoing instrument, and acknowledged the CxeCtttiotl of this 11Stru111e11t be. his own free act and deed for the use and purposes therein mentioned. Witness my hand and office seal date aforesaid. ��. J o H l� C'A ill � �E'z� i ✓ S `i'� h � � , ts" P' John Cameron Stnry,jr. `--' ;,Commission # DD 008 ,'04 N �r•O- FAPires Junc 13, 200;. iylF `._..JQQ� rrU Olir'�i 1k r,� '�irni�� Villa nti� f;u�du� �:. �,;•. �'j CFN tt 701840772, OR BK 33034 Pages 1129, Reoorded 04/18/2002 at 04:05 PM, Broward County Concnioaion, Doc. D $56.00 Deputy Clerk 2000 Tax Deed File No-21 1— Dr -Safi Property A-01/Y5 Identification No. 9111--27 017 ___. Tax Deed State of Florida County of Broward he following Tax Sale Certificate Numbered1�868 issued on 28 999 was filed in the Taffrcc of the tax collector of this County and application made for the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeemed, and the cost and expenses of this sale, and due notice of sale having been published as required by law, and no person kmtii:zd to do _' o having appeared Ln nodcem said land, such l:urd was on the day of ' t otfered for sale as required by law for cash to the highest bidder and Having no bids at the sale and Revenue Collector hiving complied with Sec 197,502(7)C'.S. was sold from Lands Available For Taxes to' ELF tEDA whose address is 230 j r4KC CI;, FT. LAUDERQAL ' 1, '3 0 being the highest bidder atul Craving paid the sum of his bid as required by the Caws of Florida. Now on this I2TH day of APRII. 209L in the County of Broward, State of Flonda, in constduauon of the sum of ( 7927,6' Sevtnr 7lwusand Niru ICurxlt l' v' - v 100 _being tla arnpax paid pursua2u to the Laws of Flnrida does hrxcby sell the following lands, including any hereditaments, buikiingx, fixtures and rnprovtxra nts of eery kind and -,.Pb..'desituated in the County and State aforesaid and deccrihetj aO�iillt4s .,• THIS TAX DEED IS SUBJECT NYAN L.AK1i5 IO2• I A 81'OR an A DESC AS COIviM 7�� rp k�.• •. ALL EXISTING PUBIC PURE PAft A, N 422.29, F. 268,21 TO �/ 4 Pn`rC��.LY AN ARC DI51 44,40, SE 104.93, SW GG.89, NW 7.7.27, ? W a Its UTILITY e & V Y L 97.84 TO PO13 AKA UNITS 17 d 18 13ANYAN LAKES '. d o i REVISED S/A BANYAN I:STATF.Sms %,�r�f •. J ,.• : �_: !r/ .., !y L 00 ) ® DeparyCounty Administrator 1+6 ArQMrd _ .........,,,.County, Florida 5 etc of Florida �County of_-,13rowar T On this I TFH Day of _ APRIi,,;_• 20f32, before me u PYyr uo 71 d t o~ n enutY.County Adnurtisirator to he the person dcscribed in, and who executed the foregoing instrument, and acknowledged the execution of this ins rnent to be his own free act and deed for the tse and Imposes tlaxein mentioned. Witness my hand and office seal date aforesaid .� kiln C�mtrm Stay,11: +st4sm# imio r PD t> SM Up% ltr tx, 2m jdmib+arm ON r... Exhibit 3 Temp. Reso. #9669 AGREEMENT THIS AGREEMENT made this i day of 2002 by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 881h Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and Elfrieda R. Compton, an individual having an address of 230 Lake Court, Fort Lauderdale, Florida 33308, (hereinafter called the DEVELOPER/OWNER). WHEREAS, CITY and Banyan Lakes Corporation entered into a Water and Sewer Developer's Agreement effective October 28, 1987, and recorded in Official Records Book 15262 Page 006 of the Public Records of Broward County, for the Banyan Lakes development in the City of Tamarac, attached hereto as Attachment A, and WHEREAS, DEVELOPER/OWNER is owner of the parcels of land subject to the Water and Sewer Developer's Agreement entered into between the CITY and Banyan Lakes Corporation by virtue of tax deeds recorded in Official Records Book 32968, Page 845, Official Records Book 33497, Pages 1598-1600, and Official Records Book 33034, Page 1129 of the Public Records of Broward County; and WHEREAS, the provisions of said Water and Sewer Developer's Agreement run with the land and inure to the benefit of and bind all successors in title; and WHEREAS, DEVELOPER/OWNER has requested that the CITY void the Water and Sewers Development Agreement previously entered into with Banyan Lakes Corporation; and WHEREAS, CITY agrees that voiding the Water and Sewer Developers Agreement entered into with Banyan Lakes Corporation and binding and inuring to the benefit of DEVELOPER/OWNER is in the best interest of the citizens and residents of the City of Tamarac; and NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows: The foregoing recitals are true and correct and incorporated herein by this reference. 2. The Water and Sewer Developer's Agreement entered into between the CITY and Banyan Lakes Corporation, prior title holder of the property now owned by DEVELOPER/OWNER and subject to said agreement, and recorded in Official Records Book 15262 Page 006 of the Public Records of Broward County, is hereby void. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. ATTEST: Y Marion Swenson, CMC City Clerk Approv d as 0 form and legal sufficie cy:. Mitch ell S. Kraft, City Attorney STATE OF COUNTY CITY OF TAM RAC w , Joe Schreiber, Mayor Date: /I /s effre . Mi er, City Manager Date: // o DEVELOPER/OWNER Dy ;... Ellrieda R. Compton Type/Print Name Date: P Before me personally appeared v to me well known and known to me to be the person described in or who produced identification (type of identification:)t-� 2.r,, '> i . f) �-o) and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. 2002. WITNESS my hand and official seal this day of i 0 FXPW$ MAY 1 0 .,. Signature of Notary Public Print or Type Name of Notary My commission expires. Did... Did Note take an oath. 2 Exhibit 3 ReV. 9/29/87 Temp. Reso. #9669 WATER AND SEWER DEVELOPER'S AGREEMENT FOR: Banyan Lakes Name of Deve opment GENERAL LOCATION: South Side of Bailey Road between Rock Island & 81st Avenue, Broward Count THIS AGREEMENT effective this _zX_ day of , 198 _Z 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 Ban an Lakes Corporation at 417 South Point Lane Deerfield Beach hereinafter called "DEVELOPER". and _--Banyan Lakes Cor oration at 417 South Point Lane Deerfield Beach , hereinafter called "OWNER". W I T N E S S E T H WHEREAS, CITY is the owner and operator of a water treatment and sewer treatment plant, together with water distribution and sewage collection facilities known as "TAMARAC UTILITIES WEST WATER AND SEWER SYSTEM"; and WHEREAS, DEVELOPER owns or controls certain real property in Bro- ward County, Florida, as shown and described in Exhibit "A" attached hereto and made a part of hereof; and all references made in this Agree ment to PROPERTY shall refer specifically to DEVELOPER'S PROPERTY des cribed in Exhibit "A" attached; and WHEREAS, DEVELOPER and OWNER desire to procure water service or sewage disposal service or both from the CITY for the PROPERTY, and WHEREAS, the parties desire to enter into an agreement setting forth the mutual understandings and undertakings regarding the fur- nishing of said water and sewer services for the PROPERTY; and -1-- o� 2.0 WHEREAS, this Agreement and all stipulations and covenants made herein are acknowledged to be subject to the approval of every County, Regional, State and Federal regulatory agency having jurisdiction of the subject matter of this Agreement. WHEREAS, CITY has received proof Of payment by DEVELOPER of any portion of contribution -in -aid -of -construction charges owed to third parties, and which is attached as Exhibit "B"; WHEREAS, the City Council has approved this Agreement and has authorized the proper city officials to execute t s Agreement by mo- tion passed at a regular City Council meeting on 198 _.- NOW, THEREFORE, in consideration of the mutual covenants and un- dertakings of CITY and DEVELOPER and other good and valuable consider- ations, these parties covenant and agree with each other as follows: PART 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 X NO. If no, then the nature of the interest is best described as Contract Vendee If DEVELOPER is not the owner, then the owner joins in this Agreement and agrees to be jointly and severally liable for the responsibilities of the DEVELOPER enumerated in this Agreement. B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to in this Agreement as ERC, is the assumed average daily flow of a detached single --family residential unit. C. The term PROPERTY, refers to the real property described in Exhibit "A" attached to and incorporated into this Agreement. D. The term GUARANTEED REVENUE refers to a fee paid by DEVELOPER to defray the cost to CITY of maintaining reserve water and sewer sys- tems. The GUARANTEED REVENUE is equal to the applicable monthly ser- vice availability charge for water and sewer service. PART II. DEVELOPER'S OBLIGATIONS A. INSTALLATIONS IN COMPLIANCE WITH SPECIFICATION 1. DEVELOPER, at his expense and at no expense to the City, shall design, construct and install all necessary water distribution and sewage collection lines, over, through, under, across and past the PROPERTY in accordance with plans, specifications and engineering data as submitted by a Florida registered engineer to be approved by the appropriate governmental regulatory agencies and by the City Engineer, or his authorized representative; and said water distribution and sew- age collection lines shall be installed and connected to CITY's exist- ing water distribution and sewage collection lines, all of which work shall be paid for by the DEVELOPER. 2. All 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 furnish- ing of service to the PROPERTY. At the time of submission of the plans, specifications and engineering data by DEVELOPERto 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 paieVey hours �csaid rs n�o The meeting shal beheldatleasttwentyfour(24) houprior start of each phase of construction. D. WRITTEN APPROVAL OF CITY ENGINEER The work to be performed by DEVELOPER, as provided in this Agreement shall not commence until all plans and specifications cover- ing the work to be performed are approved in writing by the City En- gineer or his authorized representative. E. ENGINEERS PRESENT AT TESTS During construction and at the time when periodic inspections are required, the City Engineer or his authorized representative may be present and DEVELOPER'S engineer shall be present to observe and wit- ness tests for determination of conformance to approved plans and specifications. F. COMPLIANCE WITH APPLICABLE LAWS The work to be performed by DEVELOPER, pursuant to the provi- sions set forth herein, shall be in accordance with all requirements of the regulatory agencies which have jurisdiction over the subject matter of this Agreement as well as all applicable Federal and State Statutes, County and CITY ordinances. The requirements of this paragraph shall govern, regardless of any errors or omissions in the approved plans or specifications. -3- G. AS -BUILT DRAWINGS DEVELOPER shall, at his own expense and at no expense to the CITY, furnish to the CITY one complete set of reproducible As -built drawings prepared by a Florida registered. engineer who designed the water distribution and sewer systems or by any other engineer retained by the DEVELOPER. This As -built drawings submitted to the CITY shall be on transparent material approved by' the City Engineer. As -built drawings shall be certified and sealed by the DEVELOPER'S engineer and shall show all pertinent information as to all mains, services and appurtenances belonging to, and affecting the water distribution and sewage collection systems and service lines as constructed in the field. As -built drawings shall also be sealed by a Florida registered surveyor as to the actual location of all surface features of these systems and easements and rights -of -way which are part of or adjacent to the PROPERTY. H. CONTRIBUTION PAYMENTS FROM DEVELOPER The contribution charges (both water and sewer) shall be calculated according to rates set by Resolution of the City Council. The contribution charges shall be computed based upon the DEVELOPER'S representation on the approved final site plan for the PROPERTY. A copy of said plan shall be reduced to 8-1/2" X 14" and attached to this Agreement as Exhibit "C". Exhibit "D" is attached to this Agreement and shall indicate the number of buildings to be built, number of residential, non-residential and accessory units and ERC's per building and the number of meters and meter sizes. Payment of the contribution charges is a condition precedent to the execution of this Agreement. The contribution charges appli- cable for this Agreement are summarized as follows: CONTRIBUTION (WATER) Residential 48 Units Xa ERC's Per Unit @ $l 049.00 Per ERC Non -Residential # 0 ERC's @ $1 049.00 Per ERC Total ERC' 48 (WATER) CONTRIBUTION (SEWER) Residential # q 8 Units X ERC's Per Unit @ $1 424-00 Per ERC Non -Residential # 0 ERC'S @ $1r424.00_ Per ERC Total ERC's �8 - (SEWER) The DEVELOPER has paid to the CITY the sum of ($ 118 704.00 One Hundred and Eighteen Thousand Seven Hundred and Four Dollars for contribution charges. THE CONTRIBUTION CHARGES ARE DUE AT THE TIME THIS AGREEMENT IS APPROVED BY CITY COUNCIL. I. GUARANTEED REVENUES EEO 1. DEVELOPER shall pay to the City, GUARANTEED REVENUES when due, at the rates in effeed from time to time. ct.. toetheminimum service availability charge GUARANTEED REVENUE S for water and sewer service. GUARANTEED REVENUES are due and payable monthly. 2. The payment of GUARANTEED REVENUES required by this, Agreement shall'comn►ence six recorded`(�)theonstbeen er hwith 8rowarci T" 1. this Ac r ement`. Has a Plat for property County YES NO. If dateto then AgreementREVENUES GUARANTEEDceREVENUES year a ter the effective shall be due for all UNITS/ERC S assigned to the PROPERTY unless otherwise specified by this Agreement. 3. GUARANTEED REVENUE, if initiated, shall no longer accrue for a unit when metered water and sewer service is established at a particular building and the required customer deposits are paid to the CITY, However, if accounts are open in the DEVELOPER'S name and closed without a new account being established, the GUARANTEED REVENUES shall resume. 4. The parties acknowledge the GUARANTEED REVENUE payments made by the DEVELOPER shall be considered as revenue (income). J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE NECESSARY In addition to all other obligations of this Agreement, DEVELOPER may be required by the CITY to make modifications to the CITY's water and sewage systems because of the development's impact on the systems. The modifications are set forth in Exhibit "E" and they shall be performed by DEVELOPER prior to the issuance of the first Certificate of Occupancy, unless otherwise provided in this Agreement. K. DELINQUENT PAYMENTS DEFAULT NOTICE OF DEFAULT 1. If any payment of GUARANTEED REVENUES required by this Agreement is more than fifteen (15) -days late, the CITY ishall seed d and the DEVELOPER a notice of delinquency by prepaid 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 greemennt,it the is agreed that the CITY shall have the right to exercisey of lowing sanctions or penalties: 1. The site plan for the property is voidable by Resolution -5- 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. 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: 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 mortgagee 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; and 3. Furnish CITY with an AFFIDAVIT that all persons, firms or corporations who furnished labor or materials used directly or indi- rectly in the prosecution of the work required to be performed.by this Agreement have been paid, or in the event of a dispute between the DEVELOPER and a contractor or subcontractor, furnish CITY with a BOND in the amount in dispute and in a form acceptable to the CITY; and 4. Furnish CITY with a satisfactory surety bond or .letter of credit in the amount of twenty-five percent (25%) of the cost of the work, in a form acceptable to the CITY, guaranteeing all work installed pursuant to this Agreement against defects in materials, equipment or construction for a period of not less than one' (1) year from date of acceptance of same by CITY. 5. Furnish City with T.V. inspection and air test performed one (1) month before 1 year warranty period expires. 6. Install cleanout on consumer's sanitary service in accord- ance with current Utility Standard Detail. PART III. CITY'S OBLIGATIONS A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS When, at no cost to CITY, (1) the water distribution and sewage collection systems have been satisfactorily installed, inspect- ed, tested and approved and certified in writing by the DEVELOPER'S engineer, together with the City Engineer, or his authorized representative; and (2) when DEVELOPER has satisfied the conditions of this Agreement, then CITY shall thereafter maintain the water distribution system and sewage collection system up to and within granted easements upon DEVELOPER'S PROPERTY. The obligation of the CITY to furnish water and/or sewer service other than construction water shall not arise until DEVELOPER has completed the conditions contained in this paragraph. The CITY shall reserve 48 ERC'S of water service and 48 ERC'S of sewage treatment p ant capacity for Developer. B. SERVICE CONDITIONS ON LARGE USERS AGREEMENT The CITY has entered into a "Large Users Agreement" with Broward County, (the "COUNTY"), in which the COUNTY has agreed to make future sewage treatment capacity available at its regional wastewater treatment plant. In the event CITY cannot provide sufficient capacity, as a result of COUNTY's action, the CITY's sole obligation shall be to refund DEVELOPER'S contribution charges as described in this Agreement, for those units for which CITY is unable to provide capacity provided that DEVELOPER is not in default of this Agreement. C. IMPOSSIBILITY TO PROVIDE SERVICE In the event that the CITY cannot provide sufficient service as a result of the actions of any regulatory agency, then the CITY's sole obligation shall be to refund DEVELOPER'S contribution charges as described in this Agreement, for those units for which CITY is unable to provide capacity provided that DEVELOPER is not in default of this Agreement. PART IV. MUTUAL COVENANTS it is mutually agreed by and between the parties that the pre- ambles contained at the beginning of this Agreement are true and correct and in addition to them, it is mutually covenated and ag reede as follows: dl A. ASSIGNMENT OF THIS AGREEMENT W In addition to banding DEVELOPER, the provisions of this Agreement shall run with the land and be binding upon and inure to the benefits of successors in title to the PROJECT after this Agreement has been recorded in the Public Records of Broward County, Florida. How- ever, any other assignment or transfer of DEVELOPER's rights and obli- gations is prohibited unless: 1. Assignment shall be done in 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. DEVELOPER agrees to make full disclosure to any party purchas- ing all or any part of the PROPERTY encompassed by this Agreement as to all the terms hereof, and with particular reference to the GUARANTEED REVENUES set forth in Section S of Part II herein. 0 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. a he and sewer rates to be chargecr 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 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 PROPERlines nd system othwithinr than the water grantedeasements to CITYepursuantato thisage Agreementctaon system w�. g E. EFFECTIVE DATE Unless otherwise specified in this Agreement, this Agreement shall not be binding until fully executed, but once executed, it shall have a retroactive effect commencing from the date of the City Council meeting at which it was approved. F. OVER -SIZE METERS ON SINGLE FAMILY HOMES it is assumed that a single family home on the PROPERTY will be serviced by a 5/8-inch water meter. If a larger water meter is needed, then the owner (whether DEVELOPER, Assignee or Homeowner) will be charged additional contribution charges which must be paid at the rate prevailing at the time of the application for larger meter for additional ERC's, to accommodate the larger meter. G. SYSTEM ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD WORKING rONnITION 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. Cal 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 wn i failures, necessary.maintenance work, breakdowns, damage to or mains, civil or military authority, riots or other cause control of the CITY shall not constitute a breach of the contained herein nor impose liability upon the CITY by the his successors and assigns. equipment beyond the provisions DEVELOPER, J. SEVERABILITY if any section, subsection, sentence, clause, phrase or por- tion of this Agreement is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. K. RECORDING OF AGREEMENT This Agreement shall be recorded by the CITY among the Public Records of Broward County, Florida, for the particular purpose of placing all owners or occupants of properties in DEVELOPER's PROPERTY connected to or to be connected to said water and sewer systems of CITY upon notice of each and every one of the provisions herein contained to the same extent and with the same force and effect as if said owners and occupants had joined with the parties to this Agreement in the execution thereof; and the acquisition or occupancy of real PROPERTY in DEVELOPER's PROPERTY connected to or to be connected to the said water and sewer systems of CITY shall be deemed conclusive evidence of the fact that the said owners or occupants have consented to and accepted the Agreement herein contained and have become bound thereby. L. HOLD HARMLESS PROVISION it is mutually agreed that the CITY shall be held harmless from any and all liability for damages if CITY's obligations under this Agreement cannot be fulfilled as a result of any ruling or order by any other governmental or regulatory agency having jurisdiction over the subject matter hereof; and in such event, this Agreement shall be null and void and enforceable by either party regarding that portion of the DEVELOPER'S PROPERTY for which City cannot perform its obligation. M. CONTROL OF CROSS --CONNECTIONS AND BACK -FLOW 1. The purpose of this Section is to protect the public water main against actual or potential cross -connections and back -flow by isolating within the premises or Private Property contamination or pollution that has occurred or may occur because of some undiscovered or unauthorized cross --connection on the premises or Private Property. 2. POLICY a. No water service connection shall be installed or maintained by the City unless the public water main is protected by an Approved back flow prevention assembly as required by Florida Administrative Code 17-22, applicable DER regulations, and this Section. -10 -- 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 functioning condition, or if it is found that a required assembly has been removed or by --passed. d. Single family residences shall be protected by a dual check valve, which will be installed on the outlet side of the meter by Tamarac Utilities Personnel prior to time of installation of meter. This cost is included in meter installation fee. e. All services, other than single-family residences, shall be protected by an approved reduced pressure principle assembly or double check valve assembly, as determined by the Director at the preconstruction meeting, based on planned water usage within the premises. f. Reduced pressure principle and double check valve assemblies shall be procured and installed by Developer, except TUW will furnish and install dual - check valve assemblies for non -hazardous commercial 5/8" and 1" meters, in accordance with the Standard Back -Flow Prevention Detail Sheet, which is availa ble 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 -flaw 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 soM Developer/Owner expense. N. Wel.lfield Protection Developer acknowledges that property described in Exhibit "A" ( 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 Utility Director. 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. 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. 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: -12- FOR THE CITY OF-TAMARAC: City Manager 5811 Northwest 88th Avenue Tamarac, Florida 33321 FOR THE DEVELOPER Banyan Lakes Corporation 41.7 South Point Lane Deerfield Beach, Fl. 33442 Notice so addressed and sent by prepaid certified mail, with return receipt requested, shall be deemed given when it shall have been so deposited in the United States mail, PART VII. ADDITIONAL PROVISIONS A. EXHIBITS The following exhibits are attached, as part of this Agreement and are incorporated into this Agreement: EXHIBIT "A" -- Legal Description of PROPERTY EXHIBIT "B" -- Receipt from third party for 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 W -13- IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and delivered in the presence of: ATTEST: *IyCLERK Q•eo� aeU�o CITY OF TAMARAC APPROVED AT MEETING OF /,0 �;2 9g 0 WITNESS ,,p� 'Ro �F o lie THE CITY OF TAMARAC By d6ev , DATE: D g D' % a, DATE: Approved as to form 4-,-y By R---2p�4 Y ATTORNEY « Y DEVELOPER & OWN to ��z. iicrd A. Puzz4i! elio DATE: 4yf IZ-f g-T Date �fl ra STATE OF FLORIDA ) 3 SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledg- ments, personally appeared BERNARD HART MAYOR AND JOHN P. KELLY CITY MANAGER to me known to be the person described in and who executed the oregoing instrument and they acknowledged before me that they executed the s ame . WITNESS my hand and official seal in the County and State last aforesaid this 28th day of OCTOBER A.D., 1987 X "�� 2 �L - e -, � lee!!!� � "_ c°tY COMMISSION EXPIRES: NOTARY PUBLIC NOTARY PUBLIC STATE OF FLORIDA xy COAaiSS1O4 EXP SEPT 17,1990 BONDED THAU GENERAL INS, UNO. C1 --1.4A- MORTGAGEE (If Applicable) WITNESS WITNESS DATE: OWNER WITNESS DATE• WITNESS -15- AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE ZZ 7- -'GLG do hereby affirm that I am the -2?,E--rlla t� of tFi9t�fJVeA/ 44 12iE� and that I have executed a water and sewer Developer's Agreement with the City of Tamarac for �d�t/ .� 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. FURTHER AFFIANT SAYETH NOT. Richard A. Puzz,i ie17o 4 This day 0f7198 STATE OF FLORIDA ) } SS: COUNTY OF } P Before me personally appeared C�G% -Z me well known and known to me to be the person who xecuted the foregoing instrument acknowledge to and before me that 41X s� t ,, 7, kLzz executed said document for the purpose therein expressed. WITNESS my hand and official seal this I k day of n` 19897. Notary Public of state of Florida at Large My commission expires; RorAaY PUBIIC SraTrr Cr FCC?lit NY CC".!iSSiON E,-% FE3. 9,1438 MZED THRU CM;:S,-,h: lj�3. Ulu:. SJ!:::a RlleerIMt 41 11 X H I l`T jANYAH LAKES All of Parcel 0A18of,exan an Lakes• according to the Plat thereof, .cs rocordud its Plat 'book 102j, Page 18 of the Public Accords of brow-ird County. Florida# loess the following described Parcels tu►glnninq at tho Northoast cornor of sold "banyan SAkas"s thence a. W 022 02" We olonq the Morth line'of said "Banyan Lakes", a aasiwt.ansms of 669946 fc•ut to the Itauturly tight of way of N. M. 61mt Avenuut Mourn m 11. 440 2111 Se" we a disumv of 3S.LB feet] thencv R. 00 01u0, 02" t, continuing ®long said Untorll right of wtiy 'inert a disteanro of 976#33 foots tgnnes B. 910 0D 00, zt a distanLv of 94.63 tarots thenco No 99 531 68" A, a distance of 42.6! foot to an intersection with the arc of as circular curvy to the right having a radius of 108.00 foot, and whose r.aaii us briars S. Sib 229 24* wt from the last duperiirc d Points thence South7rly along the are of said curve having a central angle of 270 30 We an arc distance of $1.94 Poets thence W. 64o 230 53" Be a distance of 137.70 feet, to a point of curves thence Last+erly along the arc of a circular curvy to the.• heft, larvtnq a radius of 287.00 foot. a central'anglu of 380 0o• 13r0 it, are distance of 190.36 teat to a point of rovormu curve; 61aullt t: vut,tinue Easterly along the, are of a r1rc:ular curve to thu right having a araadius of 73.00 fuett a m-ntral anglaa of 47u JG9 200t an ®ara distance of 60.GS feet to a agtoint of atan- goncyt thence 8. $610 000 00" E, a distance of 123.62 fret to a Point of curvos thence tasterly along the arc of a circular curva to "aa ri htt having a radius of 118.00 feet, central anglee of 410 59� 43"a , an are distance of a86.49 foets thence N. 400 094 300 E, a distance of 44.61 foots to a point of curves thence Irorthorlyy along the arc of a circular curve to the loft® having a radius of 79.00 tout, a central angle of 1913 14, 06•, an arc distance of 26.52 toot# thence N. 890 5 V W' Ze a distance of 148.53 feet to an intersection with the Zest !ns of said •Banyan Lakes"°s thence N. 00 06® 020 Wg along the Oast line, a distance of 928.61 tort to the Point of ginning. S-Aid lands ®ituate.On broward ftunty# Florida. Containing 0.06 aaa"s, more or lose. r q a ..�• � w�w e 1 Grow ItaT/re ►® of v EXHIBIT D TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT SIZE BUILDING # # OF UNITS # OF ERC'S # OF METERS OF METERS 9 4 4 4 5/8 13 4 4 4 5/8 14 4 4 4 5/8 15 4 4 4 5/8 16 4 4 4 5/8 17 4 4 4 5/8 18 4 4 4 5/8 20 4 4 4 5/8 21 4 4 4 5/8 23 4 4 4 5/8 25 4 4 4 5/8 26 4 4 4 5/8 TOTAL 48 48 48 5/8 METER SCHEDULE FOR NON-RESIDENTIAL USE SIZE ERC'S SERVICE USE TOTAL ERC'S THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES; 0 AT 4" DIAMETER 0 AT 6" DIAMETER 0 AT 8" DIAMETER 0 AT " DIAMETER Page 1 of 2 I HEREBY CERTIFY MEET THE MINIMUM THE INTENDED USE. MASTER--DOC WAT.SEW.DEV.AG1 2 4 5 3 THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR N/A SEAL Page 2 of 2