HomeMy WebLinkAboutCity of Tamarac Resolution R-99-034Temp. Reso. #8512, January 8, 1999 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99_2�y
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 BROWARD COUNTY, FOR THE
WOODMONT BONAIRE ESL PROJECT, LOCATED ON THE
EAST SIDE OF NW 80" AVENUE NORTH OF McNAB ROAD
FOR ONE NON-RESIDENTIAL WATER CONNECTION
REQUIRING 5 ERC'S FOR WATER; REQUIRING THE
PAYMENT OF $7,000.00 IN CIAC FEES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the developer, Broward County, is constructing one non-residential
unit for the Woodmont Bonaire ESL Project, located on the east side of NW 8011
Avenue north of McNab Road (attached hereto in map form as "Exhibit 1 ") in
accordance with the Site Plan as approved by the City Commission on September 23,
1998; and
WHEREAS, the developer has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the Woodmont Bonaire ESL 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 5 ERC's for water, for a combined CIAC fee of $7,000.00, as required by Resolution
No. R-98-136; and
Temp. Reso. #8512, January 8, 1999 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 Woodmont Bonaire ESL Project be accepted; 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 accept and execute
a Water and Sewer Developer's Agreement with Broward County, for the Woodmont
Bonaire ESL Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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: That the appropriate City Officials are hereby authorized to
accept and execute a Water and Sewer Developer's Agreement (attached hereto as
"Exhibit 2") with Broward County, for the Woodmont Bonaire ESL Project, located on
the east side of NW 801h Avenue north of McNab Road and collect the contribution
charges in the amount of $7,000.00.
SECTION 3: That the City Clerk is hereby authorized and directed to
record said Agreement in the Public Records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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Temp. Reso. #8512, January 8, 1999 3
SECTION 5: 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 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of
1999.
ATTEST:
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CAROL GOLD, C /AAE
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
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W00DMONT BONAIRE -- ESL
WATER AND SEWER DEVELOPER'S AGREEMENT
"Exhibit 2"
TAMARAC UTILITIES
WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR:Woodmont Bonaire Natural Area
(Name of Development)
GENERAL LOCATION:N.W. 80t"_Avenue, north of McNab Road, Tamarac, FL
THIS AGREEMENT effective this 10'6 day of .0 19ff
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"
VMS
Broward County,_a _political subdivision of the State ,of Florida. its
successors and assigns.
At 115 South Andrews Avenue, Fort Lauderdale, FL 33301
hereinafter called "DEVELOPER".
And
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 owns 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
981016 1 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
WHEREAS, DEVELOPER desires to procure water service 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 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 execute this AGREEMENT by motion passed at a
regular City Commission meeting on September 23, 1998.
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: * 0
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
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 systems. The GUARANTEED
REVENUE is equal to the applicable monthly service availability charge for water
service.
•
981016 2 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
• PART II. DEVELOPER'S OBLIGATIONS
A. INSTALLATIONS IN COMPLIANCE WITH SPECIFICATION
1. DEVELOPER, at its expense and at no expense to the CITY, shall
design, construct and install all necessary water distribution 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 lines shall be installed and
connected to CITY's existing water distribution 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 water mains and appurtenances gravity flow mains,
force mains, and pump 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, 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 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 its 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
is within five (5) days of such engagement.
981016 3 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
The DEVELOPER 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/her 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 specifications. The City's
Engineering Inspector shall be 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.
•
981016 4 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
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 reproducible mylar and two (2) sets of prints
of As -Built drawings prepared by a Florida registered engineer who designed the water
distribution system 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 system 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 facilities.
H. CONTRIBUTION PAYMENTS FROM DEVELOPER
The contribution charges for water 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
ERCs 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 # Units X ERC's Per Unit @ $1,400.00 Per ERC
Non -Residential # 5 ERC's @ $1,400.00 Per ERC
Total ERC's 5 (WATER) Total Contribution $ 7,000.00
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.
981016 5 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
GUARANTEED REVENUE is equal to the minimum service availability charge for water
service. GUARANTEED REVENUES are due and payable monthly. 0
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 X 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/ERCs 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 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 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 system
because of the development's impact on the system. 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 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
981016 6 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
aand 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 plant 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. 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
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 mains, pipes,
connections, pumps and meters within granted easements upon DEVELOPER's
PROPERTY in connection with supplying water service to the inhabitants, occupants
and customers in DEVELOPER's PROPERTY. 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 supply lines, mains, pumps, connections,
pipes, valves, meters and equipment installed up to an within granted easements and
right-of-way within the PROPERTY and off -site improvements installed for the purpose
of supplying water distribution for DEVELOPER's PROPERTY.
981016 7 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
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 even 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.
PART III. CITY'S OBLIGATION
A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS
When, at no cost to CITY, (1) the water distribution system has 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 up to
and within granted easements upon DEVELOPER's PROPERTY. However, the CITY
will only be responsible for the maintenance of the main lines of the sewer collection
system 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 service other than construction water shall not arise until
DEVELOPER has completed the conditions contained in this paragraph. The CITY
shall reserve 5 ERC's of water service capacity for DEVELOPER.
B. 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 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 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:
i
981016 8 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
• 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 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:
A. EXCLUSIVE RIGHTS OF CITY
CITY shall have the exclusive right to furnish water service to consumers
within the PROPERTY covered by this AGREEMENT.
981016 9 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
B. WELLS PROHIBITED EXCEPT FOR IRRIGATION 0
DEVELOPER, its 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 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 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) to CITY pursuant to this
AGREEMENT.
E. SYSTEMS ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD
WORKING CONDITION
Each consumer of water 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.
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.
•
981016 10 WOODMONT - 13ONAIRE ENVIRONMENTAL ESL WSDA
• 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 ERCs, 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/her 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.
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, its 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 system 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
981016 11 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
occupants have consented to and accepted the AGREEMENT herein contained and
have become bound thereby.
L. HOLD HARMLESS PROVISION
To the extent permitted by law and subject to the limitations contained in
Section 768.28, F. S., DEVELOPER agrees to hold CITY harmless, 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, 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.
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.
981016 12 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
• 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/her 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 designee) inspections and tests of back -flow prevention
assembly shall be performed by state certified back -flow
tester. DEVELOPER must have tests performed (with
results submitted to Director of Utilities) by a State certified
back -flow tester at DEVELOPER's expense. The
DEVELOPER's 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" 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 CITY's 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.
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.
981016 13 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
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 Director, Broward County Parks &
7525 Northwest 881" Avenue Recreation Division
Tamarac, Florida 33321 950 NW 38�" Street
Oakland Park, FL 33309
Notice so addressed and sent by prepaid certified mail, with return receipt
requested, shall be deemed given when it shall have been so deposited in the United
States mail.
PART VII. ADDITIONAL PROVISIONS
A. EXHIBITS 0
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.
EXHIBIT "B" - Receipt from third party for a portion of contribution
charge:
Applicable Not Applicable X
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).
Ir
LJ
981016 14 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
•
•
EXHIBIT "E" - Modification of CITY's water facilities if required by
the Director of Utilities, if applicable.
Applicable Not Applicable X
981016 15 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
IN WITNESS WHEREOF, the parties hereto have caused these presents to be •
executed on the day and year indicated below:
ACCEPTED BY CITY OF TAMARAC
GRANTEE
ATTEST:- By: o62e.'14&�j
-- - �' Joe Schreiber
By. 1► a l Mayor
Robert S. Noe, Jr. 1
City Manager Date: a���,zz�
ATTEST: By: �— � �j �-
ob rt S. Noe, Jr. 1
By: ��? .�� 'LZ City Manager
Carol Gold;. C/AAE
City Clerk Date: f 6 (
Appr'ovep, as
STATE OF FLORIDA Mifchell S. Kraft, I'J
SS City Attorney
COUNTY OF �`^� ,e
1 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
06Sc►�2Eiato me known to be the person(s) described in and
who executed the foregoing instrument and 4` acknowledged before me and
under oath that ila4 executed the same.
WITNESS my hand and official seal this /6---4day of�
1991.
( Personally known to me, or
( ) Produced identification
0'�gl 6�2
NOTARY UBL.IC, State of Florida
at largLM.5rin
A
(Name, tamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (vj"DID NOT take an oath
•
981016 16 WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA
• IN WITNESS WHEREOF, DEVELOPER has hereunto set its hand and seal on the day
and year first above written.
ATTEST: COUNTY ..
coo M D COUNTY, t Cough its
Cou ty Administrator nd ••'� BSA � COUN O MISSIONERS
Ex-Officio Clerk of the
Board of County Commissjoners `� B y
of Broward County, Florida'', 155 it
Insurance Requirements
approved as to form
by County's Risk
Management Division
r-df�m�. 199�
•rrgrrrr
* ptr f b Off f C
i40EL M.
STATE OF FLORIDA
: SS
• COUNTY OF 31(Ll""41
t e o army Ice o auny
-ttoorn-ReT award County, Florida
pFLF Z, Interim County Attorney
Governmental Center, Room 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357•-7600
Telecopier: 54) 357-7164I1
By W\ ,
PATRICE M. EICHEN
Assistant County Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State afor and i the County aforesaid to take acknowledgments, personally
appeared �e•'z _ to me known to be the personK
described in and who executed the foregoing instrument and acknowledged
before me and under oath that .__ ke executed the same.
WITNESS my hand and official seal this�a'�`�`� day of`�'
199 '
"
( ersonally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large
Y ��:fi CLORiN7t.7','. ATANGAN
I; EXPIFES F"i 02. 2001
(Narrii��tar,y i,P l .-" t, Stamp,
or type as Commissioned)
Type of I.D. Produced
•
( ) DID take an oath, o•r ( V DID NOT take an oath.
981016 17WOODMONT - BONAIRE ENVIRONMENTAL ESL WSDA.doc
i:XHIBIT "A"
Page 1 of 2
. Legal Description of Woodmont ESL Site
The legal description of the approximate 21,93-acre Woodmont ESL site is as follows:
Land Description:
Beginning at the most southerly corner of said Tract 74, thence northwesterly along the west
boundary of said Tract 74, along the arc of a curve concave to the southwest, having a radius of
1400.00 feet, a delta of 06* 54' 15", an arc distance of 168.70 feet; thence tangent to said curve,
North 33' 45' 00" West 490.00 feet; thence northwesterly along the arc of tangent curve,
concave to the Northeast, having a radius of 1870.00 feet, a delta of 31' 36' 31 ", an arc distance
of 1031,63 feet; thence North 87 51' 31" east, 558.98 feet, thence along a non -tangent curve,
concave to the northeast having a radius of990.08 feet, a delta of 0' 36' 12", an arc distance of
10.43 feet, thence south 74' 47' 00" east, a distance of 421.26 feet, thence south 15' 13' 00" west,
a distance of 20.00 feet, thence south 74' 47' 00" east, a distance of 110.00 feet, thence south 20'
50' 40" west, a distance. of 27.74 feet, thence south 69" 9' 20" east, a distance of 144.09 feet,
thence along the arc of a curve concave to the southwest, having a radius of 320.00 feet, a delta
of 2' 31' 21 ", an arc distance of 14.09 feet, thence tangent to said curve, south 36' 27' 03" west, a
distance of 710.20 feet, thence southwesterly along the are of a tangent curve concave to the
southeast having a radius of 380.00 feet, a delta of 55' 46' 50", an arc distance of 369.95 feet to a
point of reverse curvature thence southerly along the arc of i tangent curve concave to the west,
•having a radius of 460.00 feet, a delta of 49' 26' 47", an arc distance of 396.98 feet to the point of
beginning.
Said lands situate; lying and being in Broward County, Florida
EXHIBIT "A"
Y MCLAUGHLIN ENGINEERING CO. x, wzasi Page 2 Of 2
Telephone (954) 763-7611 . Telecopier (954) 763-7615
400 N. E. Third Avenue ForLauderdale Florida 33301
Engineering . Surveying . Platting Land Planning
TANGENT BEAMNG-
1 1 RZ1040.D6' R-990.06'
1 A�69.47' A-64.59'
1 0-04'55'44" D!0453'43"
1 1
1
I 1
1
1
1
1 1
1 1
1
1
1
1
1 1
1
1
1
1
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1
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\
\ R-290.45'
\ AW72.19'
S60 44' -E \\ Dr14'1416'
R-1670.00'
A-51AW"
0-01 *35*30'
R•469.39'
.� A-375.33'
D-48'46'54'
R-519.39'
A-363.65'
D-42'?0'35"
-f'-� TAN�NT gEARINO-
Hy0 04'43'W
w.sl
t
i ANGENT BEAFUNG-
N50'41'26'E
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0-15'52'37" !
1
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• EXHIBIT " B"
(NOT INCLUDED; PLEASE SEE PART VII ["ADDITIONAL PROVISIONS"] OF
AGREEMENT)
•
EXHIBIT "C"
PINE FLATWOODS
PINE FLATWOODS
S!•
.t 0 • + •
. 84AAAWALX
PINE
FLAIWOODS BASIN SWAMP
'� r►sru�s
Tk u.s
1po
04 a
WOODMONT BONA.IRE
51 -r s PLAN
0
•
•
EXHIBIT D
TAMARAC WATER AND SEWER AGREEMENT
DEVELOPMENT Woodmont ESL
METER SCHEDULE FOR RESIDENTIAL USE
OF ERGS WATER SEWER TOTAL NO. OF METER
LOT # # OF UNITS WATER SEWER CIAC FEES# CIAC FEES CIAC FEES METERS SIZE
1 - 5.00 $7,000.00 - $7,000.00 1 1-1/2"
TOTALS
0 961011
21
Wsdanp.wpd
DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = ERC'S (SEWER)
TOTAL ERC'S 5.00 (Water) (Sewer)
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: N/A
AT 4" DIAMETER AT 8" DIAMETER
AT 6" DIAMETER AT DIAMETER
SERVED BY WASTEWATER PUMP STATION NO.
ERC'S ; SITE ACRES = ERC'S /SITE ACRE
•
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE
MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR
THE INTENDED USE.
'0'111<2z 1^— 43963
SEAL '1 PE #
Marti.-:, Gross
TYPE NAME
961011 22 Wsdanp.wpd
• EXHIBIT "E"
(NOT INCLUDED; PLEASE SEE PART VII ["ADDITIONAL PROVISIONS"] OF
AGREEMENT)
•