HomeMy WebLinkAboutCity of Tamarac Resolution R-99-081Temp. Reso. #8582, March 22, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- 3 /
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE THE ADDENDUM TO THE WATER AND SEWER
DEVELOPER'S AGREEMENT WITH PARKWOOD AT
COLONY WEST, INCORPORATED FOR THE PARKWOOD
AT COLONY WEST PROJECT, LOCATED AT LAGOS DE
CAMPO AND NW 61ST STREET, WITH REGARD TO
RESPONSIBILITY AND EXPENSES IN THE CLOSURE AND
ABANDONMENT OF AN EXISTING WATER MAIN, AND
INSTALLATION OF A NEW WATER MAIN; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Parkwood at Colony West, Incorporated, Developer of the Parkwood
at Colony West Project, located at Lagos De Campo and NW 615t Street, executed a Water
and Sewer Developer's Agreement on November 10, 1998 (attached hereto as "Exhibit A");
and
WHEREAS, the City of Tamarac and the Developer have reached a supplemental
understanding on certain provisions regarding the closure and abandonment of an existing
water main that lies outside the easement dedicated for such purpose, and the
construction of a new water main within this dedicated easement, and have incorporated
this supplemental understanding in an Addendum to the Water and Sewer Developer's
Agreement (attached hereto as "Exhibit "B"); and
WHEREAS, the Developer for the Parkwood at Colony West Project shall perform
any and all work required for the proper closure and abandonment of this existing water
main, including but not limited to the grouting work; and
Temp. Reso. #8582, March 22, 1999 2
WHEREAS, the City of Tamarac shall be responsible for repayment to Developer
for the costs and expenses of the grouting work, not to exceed $2,450.00; and
WHEREAS, the Developer agrees to undertake the necessary work to install a new
6-inch water main for the property; and
WHEREAS, the costs of construction shall be shared equally between the City of
Tamarac and the Developer for a maximum cost to the City of $10,239.00; and
WHEREAS, the City of Tamarac, as a credit to its share of the construction cost,
shall provide the Developer with new 6-inch ductile iron pipe for the purpose of constructing
the water main; and
WHEREAS, the City of Tamarac's net cost and expenses in connection with closure
and abandonment of the existing water main and the construction and installation of the
new water main shall not exceed $9,886.20; and
WHEREAS, such repayment shall be in the form of a credit against the CIAC fees
due under the Agreement; and
WHEREAS, it is the recommendation of the Director of Utilities that this Addendum
to the Water and Sewer Developer's Agreement between the City of Tamarac and
Parkwood at Colony West, Incorporated for the Parkwood at Colony West Project be
approved and executed; and
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Temp. Reso. #8582, March 22, 1999 3
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to accept and execute an Amendment to the Water and Sewer
Developer's Agreement from Parkwood at Colony West, Incorporated and credit the CIAC
fees in an amount not to exceed $9,886.20 for the Parkwood at Colony West 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 an Addendum to the Water and Sewer Developer's Agreement
(attached hereto as "Exhibit B"), with Parkwood at Colony West, Incorporated for the
Parkwood at Colony West Project, and credit CIAC fees in the amount not to exceed
$9,886.20.
SECTION 3: That the City Clerk is hereby authorized and directed to record
said agreement in the public records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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Temp. Reso. #8582, March 22, 1999 4
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this /7 day of ,
1999. 161
JOE SCHREIBER
MAYOR
ATTEST:
Aox-e,�W
CAROL OLD, CMC/AAE
CITY CLERK
I EBY CERTIFY that I have
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v� this RESOLUTIQN as
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MITCHEL--$` H
CITY ATTOR
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RECORD OF COMM
MAYOR SCHREIBER
DIST 1:
COMM. PORT
DIST 2:
V/M MISHKIN
DIST 3:
COMM, sum
DIST 4:
COMM. ROB
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TO: City Manager
FROM: Utilities Director
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
UTILITIES DEPARTMENT
DATE: March 22, 1999
RE: Temp. Reso. #8582
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Recommendation:
It is my recommendation that the City accept and execute the Addendum to the Water and Sewer
Developer's Agreement for the Parkwood at Colony West project.
Issue:
The proposed Addendum frames an understanding reached by the City staff and representatives of
the project developer regarding the construction of a new water main and the abandonment of an
existing water main.
Background:
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the 1980's, about 220 feet of six-inch water line was installed by a developer in vacant land near
intersection of Lagos De Campo and NW 61st Street. The water line became the property of the
City. An easement was dedicated for this water line through the platting and development review
process.
The Parkwood at Colony West project is the construction of townhome units in the vacant area near
the intersection of Lagos De Campo and NW 61St Street. The developer designed the project site
around the water line and the easement.
However, as construction began, it was found that the water line had not been installed within the
dedicated easement, and was instead approximately 15 feet away from the easement on property
owned by the developer, and under the proposed townhome foundation pads. Since the site plans
could not be modified to allow the main to remain in its existing location, there were a series of
discussions regarding the costs and the responsible party for the abandonment of the existing line
and construction of a new water line within the easement. It was agreed, pending concurrence by the
City Commission, that the cost of the construction of the new main should be shared equally by the
City and the developer, that the City should pay for the grouting of the existing line, and that the City
could obtain a credit towards the cost of its share by providing pipe for the project. It was also agreed
that the costs that were assigned to the City, at a maximum credit of $9,886, would be taken as a
credit by the developer on the CIAC fees owed to the City for the project under the Water and Sewer
Developer's Agreement. An addendum was drafted that encompassed all of these provisions, and is
the subject of Temp. Reso. #8582.
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Michael Woika
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"Exhibit A"
TAMARAC UTILITIES
18ATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Park wgod at Q_olony_We t
(Name of Development)
GENERAL LOCATION: L e Campos and NW 61 st,5jLegj
THIS AGREEMENT effective this o day of
19, made and entered into by and between:
98-695825 T#009
12-0 ;-98 09 : 47AM
The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida
33321, a municipal corporation of the State of Florida, hereinafter called
"CITY"
and
Parkwood at Colony West Inc -
at 24Q Univg[ab Drivg.Springs, Floridg 330Q5
hereinafter called "DEVELOPER".
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and DEFERRED ITEM
Return Document To
P rk ood a n Wes c. 'operations
at 2409 Universi Drive Coral Springs, Florida 33065
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 or controls certain real property in Broward County,
Florida as shown and described in Exhibit "A" attached hereto and made a part of hereof;
and all references made in this AGREEMENT to PROPERTY shall refer specifically to
DEVELOPER'S PROPERTY described in Exhibit "A" attached; and
980401
CITY OF TAMARAC
7525 N. W. 88 AVENUE
TAMARAC, FLORIDA 33321
City Clarks Dept.
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• WHEREAS, DEVELOPER and OWNER desire to procure water service or sewage
disposal service or both from the CITY for the PROPERTY; and
WHEREAS, the parties desire to enter into an AGREEMENT setting forth the mutual
understandings and undertakings regarding the furnishing of said water and sewer services
for the PROPERTY; and
WHEREAS, this AGREEMENT and all stipulations and covenants made herein are
acknowledged to be subject to the approval of every County, Regional, State and Federal
regulatory agency having jurisdiction of 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'/O, 19 `F.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings of
CITY and DEVELOPER and other good and valuable considerations, these parties
• covenant and agree with each other as follows: .
PART I. DEFINITIONS
A. The term DEVELOPER shall refer to the Contracting Party in this
AGREEMENT who has an ownership interest in the PROPERTY. Is that interest fee
simple? X YES or NO. If no, then the nature of the interest is best described as
. If DEVELOPER is not the OWNER, then the OWNER
joins in this AGREEMENT and agrees to be jointly and severally liable for the
responsibilities of the DEVELOPER enumerated in this AGREEMENT.
B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to in this
AGREEMENT as ERC, is the assumed average daily flow of a detached single-family
residential unit.
C. The term PROPERTY, refers to the real property described in Exhibit "A"
attached to and incorporated into this AGREEMENT.
D. The term GUARANTEED REVENUE refers to a fee paid by DEVELOPER
to defray the cost to CITY of maintaining reserve water and sewer systems. The
GUARANTEED REVENUE is equal to the applicable monthly service availability charge
for water and sewer service.
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PART II. DEVELOPER'S OBLIGATIONS
A. INSTALLAIIONS IN COMPLIANCE WITH SPECIFICATION cc
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1. DEVELOPER, at his expense and at no expense to the CITY, shall —
design, construct and install all necessary water distribution and sewage collection lines,
over, through, under, across and past the PROPERTY in accordance with plans,
specifications and engineering data as submitted by a Florida registered engineer to be
approved by the appropriate governmental regulatory agencies and by the Director of
Utilities, or his authorized representative; and said water distribution and sewage collection
lines shall be installed and connected to CITY's existing water distribution and sewage
collection lines, all of which work shall be paid for by the DEVELOPER.
2. All installations shall be installed at DEVELOPER'S expense and shall
include, without limitation, all gravity flow mains, force mains, pump stations and lift stations
required for the furnishing of service to the PROPERTY. At the time of submission of the
plans, specifications and engineering data by DEVELOPER to the Director of Utilities, IF
THIS AGREEMENT IS FOR (10) OR MORE ERC'S, DEVELOPER 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 Utilities Director 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 Manager or
his 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 Manager or his
designee.
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DEVELOPER shall, at his expense, and at no expense to the CITY, retain
the services of a registered professional engineer for the purposes of providing necessary
inspection and supervision of the construction work to insure that construction is at all
times in compliance with accepted sanitary engineering practices and in compliance with
the approved plans and specifications. DEVELOPER shall notify CITY in writing of such
appointment. A copy of each field report shall be submitted to the Director of Utilities
authorized representative. Should there be cause or reason for the DEVELOPER to
engage
the services of a registered engineer (other than the
design engineer) for
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inspections, then DEVELOPER shall notify the CITY within five (5) days of such
engagement.
The DEVELOPER'S Engineer of Record shall prepare "As -Built" drawings
of all construction.
C. PRECONSTRUCTION„MEETING
DEVELOPER and his Contractor shall arrange for and hold a preconstruction
meeting with the Director of Utilities or his authorized representative. Notification of said
meeting shall be made in writing and received by all parties seventy-two hours in advance
of said meeting. The meeting shall be held at least twenty-four (24) hours prior to start of
each phase of construction. An Engineering Permit, payment of engineering fees and
bonding based on a Certified Cost Estimate, prepared by DEVELOPER'S registered
engineer, shall be required prior to any construction.
D. WRITTEN APPROVAL OF THE DIRECTOR OF UTILITIES
The work to be performed by DEVELOPER, as provided in this AGREEMENT
shall not commence until all plans and specifications covering the work to be performed
are approved in writing by the Director of Utilities or his authorized representative.
Approved plans and permits must be on site at all times.
E. ENGINEERS PRESENT AT TE TS
During construction and at the time when periodic inspections are required,
the Director of Utilities or his 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 Engineering Inspector shall
be on site at all times during sanitary sewer installation, and notified before any water lines
are installed. Any work performed beyond City of Tamarac Inspector normal working hours
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
affect at the time of inspection.
F. MMPLIANQE 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.
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G. AS -BUILT DRAWINGS �ti
DEVELOPER shall, at his own expense and at no expense to the CITY,
furnish to the CITY one complete set of reproducible mylar and two sets of prints of As- cc
Built drawings prepared by a Florida registered engineer who designed the water c
distribution. and sewer systems or by any other engineer retained by the DEVELOPER.
The As -Built drawings shall be approved by the Director of Utilities' authorized
representative. As -Built drawings shall be certified and sealed by the DEVELOPER'S
engineer showing all pertinent information as to all mains, services and appurtenances
belonging to, and affecting the water distribution and sewage collection systems and
service lines as constructed in the field. As -Built drawings shall also be sealed by a
Florida registered surveyor ,as to the actual locations of all surface features of these
systems, easements and right of ways which are part or adjacent to the property and
shall include all paving and drainage facilities constructed in conjunction with the water
and sewage facilities.
H. CONTRIBUTION PAYMENTS FROM DEVELOPER
The contribution charges (both water and sewer) shall be calculated
according to rates set by Resolution of the City Commission.
The contribution charge shall be computed based upon the
DEVELOPER'S representation on the approved final site plan for the PROPERTY. A .
copy of said plan shall be reduced to 8'/2" x 11" and attached to this AGREEMENT as
Exhibit "C". Exhibit "D" is attached to this AGREEMENT and shall indicate the number
of buildings to be built, number of residential, non-residential and accessory units and
ERC's per building and the number of meters and meter sizes. The DEVELOPER's
engineer of record will also supply to the CITY, meter calculations on all non-residential
meters based on the South Florida Building Code tables 461, 46J and 46Q for meter
sizes.
Payment of the contribution charges is a condition precedent to the execution of this
AGREEMENT. The payment of the contribution charges shall be made in accordance
with the applicable sections of the City Code.
The contribution charges applicable for this AGREEMENT are summarized as follows:
CONTRIBUTION (WATER)
Residential # 16 Units X 1 ERC's Per Unit @ $1,400.00 Per ERC
Non -Residential # 3.5 ERC's @ $1,400.00 Per ERC
Total ERC's 19.5 (WATER) Total Contribution $ 27 300.00
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CONTRIBUTION (SEWER)
Residential # 16 Units X 1 ERC's Per Unit @ L1,800.00 Per ERC
Non -Residential # 1 ERC's @ 1 800.00 Per ERC
Total ERC's 17 (SEWER) Total Contribution $ 30,600.00
I. GUARANTEED REVENUES
1. DEVELOPER shall pay to the City, GUARANTEED REVENUES
when due, at the rates in effect when due, as amended from time to time.
GUARANTEED REVENUE is equal to the minimum service availability charge for water
and sewer service. GUARANTEED REVENUES are due and payable monthly.
2. The payment of GUARANTEED REVENUES required by this
AGREEMENT shall commence six (6) months after the payment of CIAC Fees. Plat for
the property been recorded with Broward County YES X NO. If NO,
then GUARANTEED REVENUES commence one (1) year after the effective date of this
AGREEMENT. GUARANTEED REVENUES shall be due for all UNITS/ERC'S
assigned to the PROPERTY unless otherwise specified by this AGREEMENT.
3. GUARANTEED REVENUE, if initiated shall no longer accrue for a
unit when metered water and sewer service is established at a particular building and
the required customer deposits are paid to the CITY. However, if accounts are open in
the DEVELOPER'S name and closed without a new account being established, the
GUARANTEED REVENUES shall resume.
4. The parties acknowledge the GUARANTEED REVENUE payments
made by the DEVELOPER shall be considered as revenue (income).
5. In accordance with Section 22-190 (b) of the Tamarac City Code,
there are sanctions or penalties that the City can exercise as a result of unpaid
guaranteed revenues, including interest penalties at a rate established by resolution of
the City Commission.
6. Unpaid Guaranteed Revenues are subject to annual interest rates
as established by City Commission.
J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE
NECESSARY
In addition to all other obligations of this AGREEMENT, DEVELOPER
may be required by the CITY to make modifications to the CITY'S water and sewage
systems because of the development's impact on the systems. The modifications are
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
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1. If any payment of GUARANTEED REVENUES required by this
AGREEMENT is more than fifteen (15) days late, the CITY shall send the DEVELOPER
a notice of delinquency by prepaid certified mail, and failure of the DEVELOPER to make
the required payment in full within seven (7) days of the date shown on the notice shall
constitute a default by the DEVELOPER.
2. Other than required payment of GUARANTEED REVENUES, if any
act required by this AGREEMENT is not timely accomplished or if any act prohibited by this
AGREEMENT is done, then this AGREEMENT shall be in default. Notice of default and
the grounds for default shall be sent to the DEVELOPER by the CITY as provided in Part
VI of this AGREEMENT.
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Should DEVELOPER be in default of this AGREEMENT, it is agreed that the
CITY shall have the right to exercise any of the following sanctions or penalties:
1. Any reserved plant capacity under this AGREEMENT may be
rescinded and forfeited.
2.
Commission.
3.
4.
the PROPERTY.
The site plan for the PROPERTY is voidable by Resolution of the City
No final inspections shall be approved by CITY.
No Certificate of Occupancy shall be issued by CITY for any unit on
5. There shall be an interest penalty equal to the maximum rate allowed
by Florida State Law on any payments due to CITY from DEVELOPER which are not paid.
The penalty, when applicable, shall accrue from the due date of payment as provided in
this AGREEMENT.
6. The CITY shall be entitled to lien the PROPERTY and foreclose the
lien in satisfaction of any payments due under this AGREEMENT.
7. CITY shall be entitled to any other remedy at law and failure to
exercise any remedy shall not constitute a waiver of said remedy.
M. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF DEVELOPER
Prior to acceptance of the work required to be done, DEVELOPER shall,
without cost to CITY:
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1. Convey to CITY and its successors and assigns, by good and C:)
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sufficient exclusive easement deed, in a form satisfactory to CITY, a perpetual right, co
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, o�
occupants and customers in DEVELOPER's PROPERTY and secure from each mortgage �o
and lienor a release of mortgagees' and lienors' interest in the easement and fixtures
thereon for so long as the easement is used for the operation, maintenance, repair or
replacement of water and sewer mains, pipes, connections, pumps and meters within the
easements. Easements shall be a minimum of 20' wide for sewer and 15' wide for water.
2. Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER's
right, title and interest in and to all of the water and sewer supply lines, mains, pumps,
connections, pipes, valves, meters and equipment installed up to and within granted
easements and right-of-way within the PROPERTY and off -site improvements installed for
the purpose of supplying water distribution and sewage collection for DEVELOPER'S
PROPERTY.
3. Furnish CITY with an AFFIDAVIT that all persons, firms or
corporations who furnished labor or materials used directly or indirectly in the prosecution
of the work required to be performed by this AGREEMENT have been paid, or in the event
• of a dispute between the DEVELOPER and a contractor or subcontractor, furnish CITY
with a BOND in the amount in dispute and in a form acceptable to the CITY.
4. Furnish CITY with a satisfactory surety bond or letter of credit in the
amount of twenty-five percent (25%) of the cost of the work, in a form acceptable to the
CITY, guaranteeing all work installed pursuant to this AGREEMENT against defects in
materials, equipment or construction for a period of not less than one (1) year from date
of acceptance of same by CITY.
5. Furnish CITY with T.V. inspection and air test of the sanitary sewer
collection system performed one (1) month before 1- year warranty period expires.
6. Install cleanout on consumer's sanitary service in accordance with
current Utility Standard Detail.
PART III. CITY'S OBLIGATION
A. CITY'a-M—AINTENANQE OF SYSTEMS AFTEE CEBTAIN CONDITIONS
When, at no cost to CITY, (1) the water distribution and sewage collection
systems have been satisfactorily installed, inspected, tested and approved and certified
• in writing by the DEVELOPER's engineer, together with the Director of Utilities, or his
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authorized representative; and (2) when DEVELOPER has satisfied the conditions of this
AGREEMENT, then CITY shall thereafter maintain the water distribution system and
sewage collection system up to and within granted easements upon DEVELOPER'S °°
PROPERTY. However, the CITY will only be responsible for the maintenance of the
sewer collection system from manhole to manhole and up to the first cleanout of the
service lateral within the granted easements and the CITY will only be responsible for the .-;�j
maintenance of the water distribution up to the meter, fire hydrant, or fireline service within CD
the granted easements. The obligation of the CITY to furnish water and/or sewer service
other than construction water shall not arise until DEVELOPER has completed the
conditions contained in this paragraph. The CITY shall reserve 112.5 _ERC's of water
service and 17 ERC's of sewage treatment plant capacity for DEVELOPER.
The CITY has entered into a "Large User Agreement" with Broward County,
(the "COUNTY"), in which the COUNTY has agreed to make future sewage treatment
capacity available at its regional wastewater treatment plant. In the event CITY cannot
provide sufficient capacity, as a result of COUNTY's action, the CITY's sole obligation shall
be to refund DEVELOPER'S contribution charges as described in this AGREEMENT, for
those units for which CITY is unable to provide capacity provided that DEVELOPER is not
in default of this AGREEMENT.
C. IMPOSSIBILITY TO PROVIDE SERVICE •
In the event that the CITY cannot provide sufficient service as a result of the
actions of any regulatory agency, then the CITY's sole obligation shall be to refund
DEVELOPER'S contribution charges as described in this AGREEMENT, for those units for
which CITY is unable to provide capacity provided that DEVELOPER is not in default of
this AGREEMENT.
PART IV. MUTUAL COVENANTS
It is mutually agreed by and between the parties that the preambles contained at the
beginning of this AGREEMENT are true and correct and in addition to them, it is mutually
covenanted and agreed, as follows:
A. ASSIGNMENT QF THIS A EEM T
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: •
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1. Assignment shall be done in writing in the same formality as this
AGREEMENT. C-,
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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. aEPEAL OF PRIOR AQBEEMENTS
All prior Developer Agreements or Agreements pertaining to the supply of
water and sewer affecting the PROPERTY are hereby canceled and declared of no force
and effect upon that PROPERTY which is the subject matter of this AGREEMENT.
0 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. EXQLUSIVE 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.
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DEVELOPER, his successors and assigns, and the owners and occupants
of buildings on DEVELOPER's PROPERTY shall not install or maintain any water wells
except for irrigation purposes.
C. PROMULQATION OF REA19,ONABLE 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
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to consumers within the PROPERTY encompassed by this AGREEMENT. Such rules and
regulations may relate to, but are not limited to, rates, deposits and connection charges
and the right to discontinue services under certain conditions. The water and sewer rates
to be charged by CITY to said customers shall be the rates now or hereafter charged to
other customers within the area of service of TAMARAC UTILITIES WATER AND SEWER
SYSTEM.- DEVELOPER hereby acknowledges and agrees that the rates are subject to
change at any time by CITY. ry
CITY shall not be liable or responsible for maintenance or operation of any
pipes, pipelines, valves, fixtures or equipment on any of the properties of the customers,
consumers or users on DEVELOPER's PROPERTY other than the water main and water
service lines (from the water main to the water meter) and the sewage collection system
within granted easements to CITY pursuant to this AGREEMENT.
E. SYSTEM ON CONSUMER'S PROPE TY TO BE KEPT IN OD
WORKING „QONDITION
Each consumer of water service or sewage collection service on
DEVELOPER's PROPERTY shall keep all water pipes, service lines including cleanouts,
connections and necessary fixtures and equipment on the premises occupied by said
consumer, and within the interior lines of the lot occupied by the consumer in good order
and condition. The sale of water by CITY to the consumer shall occur at the consumers
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.
G. OVER -SIZE METER 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.
H. CONDITIONS -ON FIRE HYDRANT U
LJ
980401 11 Wsdanp.wpd
No water from CITY's water distribution system shall be used or disbursed
by DEVELOPER or his agents, through fire hydrants or water mains, or by any person,
firm, corporation or agency, public or private, unless the Director of Utilities has first
approved the use and the connection, and there has first been made adequate provisions
for compensating CITY for such water.
Any temporary cessations or interruptions of the furnishings of water and
sewer service to the PROPERTY described herein at any time caused by an Act of God,
fires, strikes, casualties, accidents, power failures, necessary maintenance work,
breakdowns, damage to equipment or mains, civil or military authority, riots or other cause
beyond the control of the CITY shall not constitute a breach of the provisions contained
herein nor impose liability upon the CITY by the DEVELOPER, his successors and
assigns.
J. S-EVERABILITY
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. RECORDINQ 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 DEVELOPRER'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 HARM LESIQbJ
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
980401 12 Wsdanp.wpd
m
PIT
DEVELOPER's PROPERTY for which CITY cannot perform its obligation. N
M. C-ONTEOL OE CROSS CONNECTIONS AND BACK-FLW c.a
co
-'U
1. The purpose of this Section is to protect the public water main against G'
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. _91-
2. P-GLICY
a. No water service connection shall be installed or maintained by
the CITY unless the public water main is protected by an
Approved back- flow prevention assembly as required by
Florida Administrative Code 17-22, applicable DEP regulations,
and this Section.
b. Any back -flow prevention assembly required herein shall be of
a model, type and size approved by the Director of Utilities for
the City of Tamarac, or his 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.
e. All services, other than single-family residences, shall be
protected by an approved reduced pressure principle assembly
or double check valve assembly, as determined by the Director
of Utilities or his designee, based on planned water usage
within the premises.
f. Reduced pressure principle and double check valve
assemblies shall be procured and installed by DEVELOPER,
in accordance with the Standard Back -Flow Prevention Detail
980401 13 Wsdanp.wpd
Q
Sheet, which is available at the Tamarac Utilities Department,
prior to the installation of the water service meter.
0
w
g. Prior to connection of water service, the back -flow prevention co
assembly must be inspected and tested by a certified tester. c
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 cn
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/OWNER must have tests performed (with results
submitted to Director of Utilities) by a State certified back -flow
tester at DEVELOPER/OWNER expense. The
DEVELOPER/OWNER will be responsible for insuring that
proper plumbing permits have been obtained and fees paid.
N. WELLFIELD PROTECTJON
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 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.
O. EROHIBITED HAZARDOUS MATERIAL
DEVELOPER acknowledges that Broward County and the City of Tamarac
have ordinances that prohibit discharge of hazardous materials into the sanitary sewer
system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85-52). DEVELOPER
agrees not to discharge hazardous materials into the sanitary sewer system as defined by
Broward County Ordinance 86-61 and Tamarac Ordinance 85-52 or as they may be
amended.
P. Y-ENUE
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.
• 980401
14 Wsdanp.wpd
W
PART VI. NOTICE
Whenever either party desires to give notice to the other, it shall be given by written W
co
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 -;J
the following as the respective places for the giving of notice: M
City Manager Parkwood at Colony West, Inc.
7525 Northwest 88th Avenue 2409 University Drive
Tamarac, Florida 33321 Coral Springs, Florida 33065
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.
•
980401 15 Wsdan .w d 0
P P
980401
p
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.d
O
PART VII. ADDITIONAL PROVISIONS W
A. EXHIBITS'
The following exhibits are attached, as part of this Agreement and are
incorporated into this Agreement: __j
EXHIBIT "A" - Legal Description and Legal Sketch on an 8-1/2inch by
11- inch page of the PROPERTY
EXHIBIT "B" - Receipt from third party for a portion of contribution
charge:
Included Not Included__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).
EXHIBIT "E" - Modification of CITY's water or sewer facilities if
required by the Director of Utilities, if applicable.
Included Not Included.
`ry
Wsdanp.wpd
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:
ATTE
By:. A
Rob . Noe, Jr.,
City Manager
ATTEST:
By: �r ,
Carol Gold, CMC A�E
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By.
Jo hreiber
Mayor
Date: =,,, // - / q -
Bv: A N KO
Rob rt . Noe, Jr.,
City Manager
Date: ! /- /_Y---.
Mitchell's, Kraft,
SS City Attorney
COUNTY OFam�:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
I aforesaid and in the County aforesaid to take acknowledgments, personally appeared
• Oe- Sa.hreI bey .� Ober+ 5. �J,&4to me known to be the person(s) described in and who
executed the foregoing instrument and 44Ar,.4 acknowledged before me and -unmet
-eath that executed the same.
WITNESS my hand and official seal this -A day of KA�
199 g'
NOTARY PUBLIC, State of Florida
(personally known to me, or
( ) Produced identification
at Lar OFFICIAL NOTARY SEAL
MARION SWENSON
NOTARY PUBLIC STATE OF FLORIDA
(Namz^c0
Stamp, or Type as Commissioned)
Type of I.D. Produced
DID take an oath, or (/j/DID NOT take an oath.
980401 17
W."'.
..
Wsdanp.wpd •
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By:
Type Name -
Corporate S
(Corporate
STATE OF FLORIDA
COUNTY OF-3ka0P)1Wb
SS
DEVEL PER
By:
Type Name
Philip L. Fryberg
Vice President
Parkwood at Colony west,
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
# LEo o me known to be the person(s) described in and
• who executed the foregoing instrument and PfT - acknowledged before me and under
oath that ffE executed the same.
WITNESS my hand and official seal this .29 day of IPel z- , 199 k,
TERESA M. KELSON NOTARY PUBLIC, State of Florida
MY Comm flip, 2001
Bo
M PUBLIC a Bonded By Servicece Ing Ins at Large
No.CC691871
11 P—aey KneM 11 otlW i.o. ,�EsrP L SO A)
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
) Personally know to me, or
(,,)O Produced identification
beii&7—s twee/se- - -6 7a- �s• yi3 0
Type of I.D. Produced
) DID take an oath, or ( k) DID NOT take an oath.
0 980401
18
Wsdanp.wpd
Inc.
AFFIDAVIT allALL BE COMPLETD WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
160
of
do hereby affirm that I am theeESi �ti+
and that I ha a executed a Water and Sewer Developer's Agreement with the City of
Tamarac for a ov► Lam[ s-t project and that I am the owner of
0
the property covered by said DEVEL PER'S AGREEMENT.
There are no mortgages held on the property which is the
subject of said DEVELOPER'S AGREEMENT.
FURTHER AFFIANT SAYETH NOT.
(Signature)
This D day of ,
1999'.
STATE OF FLORIDA
COUNTY 5S •
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the Stat a es2wid and 'irl the County aforesaid to take acknowledgments, personally
appeare tC�t�'^'�'��-- to me know-o t be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that execute the same.
ITNESS my hand and official seal this day of ,
199-2
NOTARY PUBLIC, State of Florida
at L
aAL NC)T
SLIP L FRYBERCH L
7WMARY PU(7LIC SfATF nz rw w _•
h Vint,; Stampr Type as �rriistoned)
, o
( Personally know to me, or n
( ) Produced identification
T pe of I.D. Produced
(� DID take an oath, or ( )DID NOT take a oath.
961011 1 °�
Wsdaamen.wpd
•
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IN WIT S WHEREOF, Owner has hereunto set his
first a ve ritten.
ATTE
By:
Type Name L- Ga:
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF eou,�12724�
and seal on the day and year
By: I
Type Name. gQ,Gla
President
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
A141P G4'0 I',2to me known to be the person(s) described in and
who executed the foregoing instrument and _ rf� acknowledged before me and under oath
that —a executed the same.
WITNESS my hand and official seal this . �8 _ day of _ _AeXI L- , 199 �" .
F vZTERESA M. KELSON
v� My Comm Exp. 10/28/2001
m PUBLIC a Bonded By Service Ins
No. CC691871
I I PffsMaly Known I I Oth« LO.
( ) Personally know to me, or
( X ) Produced identification
NOTARY PUBLIC, State of Florida
at Large
_� rt 141 t1kZ son/ -
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
) DID take an oath, or ( fir) DID NOT take an oath.
0 980401 20
Wsdanp.wpd
"Exhibit A"
BK29o38PG—; 182
LEGAL DESCRIPTION
•
A PORTION OF THE PLAT OF ROKEST APARTMENTS OF TAMARAC, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 81, AT PAGE 25, OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA, BEING THAT PORTION OF PARCEL Q, OF WOODLAND
LAKES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 71, AT PAGE
18, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL Q; THENCE NORTH 22
DEGREES 33 MINUTES 23 SECONDS EAST, A DISTANCE OF 72.70 FEET TO A POINT ON
THE ARC OF A CIRCULAR CURVE TO THE RIGHT BEING THE SOUTH RIGHT--OF-WAY LINE
OF LAGOS DECAMPO BOULEVARD WHOSE RADIUS POINT BEARS SOUTH 22 DEGREES 33
MINUTES 23 SECONDS WEST, FROM PREVIOUS COURSE; THENCE WESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 340.00 FEET, AN
ARC DISTANCE OF 212.41 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR
CURVE TO THE LEFT; THENCE NORTHERLY AND WESTERLY, ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 400.00 FEET, AN ARC DISTANCE OF 110.14 FEET TO A
POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE
WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
25.00 FEET, AN ARC DISTANCE OF 42.28 FEET TO THE POINT OF TANGENCY; THENCE
SOUTH 35 DEGREES 40 MINUTES 55 SECONDS WEST, A DISTANCE OF 107.82 FEET;
THENCE SOUTH 29 DEGREES 35 MINUTES 00 SECONDS EAST, A DISTANCE OF 9.03
FEET; THENCE SOUTH 60 DEGREES 25 MINUTES 00 SECONDS EAST, A DISTANCE OF
66.00 FEET; THENCE SOUTH 29 DEGREES 35 MINUTES 00 SECONDS EAST, A DISTANCE
OF 29.00 FEET; THENCE SOUTH 10 DEGREES 33 MINUTES 47 SECONDS WEST, A*
DISTANCE OF 51.65 FEET; THENCE SOUTH 29 DEGREES 35 MINUTES 00 SECONDS
EAST, A DISTANCE OF 36.00 FEET; THENCE NORTH 60 DEGREES 25 MINUTES 00
SECONDS EAST, A DISTANCE OF 47.00 FEET; THENCE SOUTH 07 DEGREES 06 MINUTES
54 SECONDS EAST, A DISTANCE OF 106.90 FEET TO THE SOUTH LINE OF SAID
PARCEL Q; THENCE ALONG SAID SOUTH LINE NORTH 82 DEGREES 53 MINUTES 06
SECONDS EAST, A DISTANCE OF 279.42 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
•
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EXHIBIT D
W
TAMARAC MTER ANDSEWER AGREEMENT w
co
DEVELOPMENT - Homeg of Rokest
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METER aQHEDULE FOR RESIDENTIAL USE m
OF ERC'S WATER SEWER TOTAL NO. OF METER
LOT # #OF UNITS WATER SEWER CIAC FEES# CIAC FEES C1AC FEES METERS SIZE
Lot 1
1
1
1
5/ "
$1,400
$Uog1
/"
L
1
1
1
1 400
1
00 $3,20Q
1
5/8"
Lot 4
$1,400
$1,80032
1
/"
Lot 5
$1,4000
1
5/ "
Lot 6
$1,400
$1,8001
5/ "
1
1
1
$1,400
$1,800
$3,200
1
5/8"
Lot 81
1
0
1
5/8"
1
1
1
5181,
•
Lot 10
1
1
1,400
1
5/ "
Lot 11
$1,4Q0
$1,8001
/"
Lot 12
1
1
1
$1,4001
5/8"
Lot 13
1
1
1
$1,400
1
5/8"
Lot 14
1
1
1
1,400
$1,800
$3,2QQ
1
/"
1
1
1
$l,4QO
$1,goo2
1
5/"
1
1 -
$j,4Q0
$1,800
3,20Q
1
5/8"
OF ERGS
WATER
SEWER TOTAL
NO. OF
METER
LOT # # OF UNITS WATER S9MR
CIAOFEES#
CIAC FEES CIAO FEES
METERS
SIZE
pm]1 1
1,400
$1,9Q0 $3,200
1
/"
Irrigation 2 . „_.,. 15 — $3.500 _ $0 _ $3.500 _ 1 1"
TOTALS 19.6 17 $27,300 $30,600 $57,900 18
0
980401 21 Wsdanp.wpd
•
TOTAL ERC'S 19.5 (Water) 17 (Sewer)
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
N/A AT 4" DIAMETER
N16 AT 6" DIAMETER
/A AT 8" DIAMETER
_N A AT DIAMETER
SERVED BY WASTEWATER PUMP STATION NO.1
--17. ERC'S T 1.67 SITE ACRES = 10.18 _ 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.
980401
22
TYPE NAME
P.E. #
Wsdanp.wpd
m
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w
cc
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c)
"Exhibit B"
ADDENDUM
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: PARKWOOD AT COLONY WEST
(Name of Development)
This ADDENDUM TO AGREEMENT, made and entered into this 7 day
of C 1+ 1999, by and between the City of Tamarac, 7525 Northwest 88t"
Avenue, Tamarac, Florida 33321, hereafter call "CITY" and PARKWOOD AT COLONY
WEST, INC. a Florida corporation, with its principal office located at 2409 University
Drive, Coral Springs, Florida 33065, hereinafter called "DEVELOPER"
WITNESSETH :
WHEREAS, CITY and DEVELOPER entered into a Water and Sewer
Developer's Agreement ("AGREEMENT") on November 10, 1998, attached hereto as
Exhibit "A" and made a part of this ADDENDUM TO AGREEMENT, for the provision of
water and sewer service to PROPERTY as that term was therein defined, and;
WHEREAS, CITY and DEVELOPER have reached a supplemental
understanding on certain provisions regarding the closure and abandonment of an
existing water main that lies outside the easement dedicated for such purpose and the
construction of a new water main within this dedicated easement; and
WHEREAS, CITY and DEVELOPER desire to modify the AGREEMENT in order
to incorporate the supplemental understanding; and
WHEREAS, the parties desire to modify certain terms contained in the AGREEMENT by
incorporating the terms and conditions contained in this ADDENDUM TO
AGREEMENT.
NOW, THEREFORE, in consideration of the mutual covenant and undertakings
of the parties hereto and other good and valuable considerations, the parties hereto
covenant and agree as follows:
1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being
true and correct and are hereby incorporated into and made a part of this ADDENDUM
TO AGREEMENT.
2. In the event of any inconsistency or conflict between the terms and provisions
hereof and the terms and provisions of the AGREEMENT, the terms and provisions of
this ADDENDUM TO AGREEMENT shall supersede and control. Any term used herein
which is capitalized shall be a defined term and shall have the specific meaning
ascribed thereto in the AGREEMENT, unless otherwise defined herein. is
Amendment to Water and Sewer
Developer's Agreement
3. The following terms and conditions are hereby added to Part II, Section A,
installations in Compliance with Specification, Subsection 1, of the AGREEMENT:
(a) The 220 feet of existing 6-inch water main presently in place for the
PROPERTY, which lies outside the easement dedicated for such purpose as
delineated on the property plat for the PROPERTY and recorded in the
County of Broward Plat Book 81 page 25, and which is in conflict with the
proposed development on the PROPERTY, shall be closed and abandoned.
DEVELOPER shall perform any and all work required for the proper closure
and abandonment of this existing water main, including but not limited to the
grouting thereof. Once the closure and abandonment work is properly
completed, CITY shall be responsible for repayment to DEVELOPER for the
actual direct costs and expenses of the grouting work, up to a maximum of
$2,450.00. Such repayment will be in the form of a credit against the CIAC
fees due under the AGREEMENT. The DEVELOPER agrees to provide CITY
with a written proposal for the work that details the costs and scope of the
work and receive written authorization by CITY before DEVELOPER shall
commence any of the work.
(b) DEVELOPER agrees to undertake the necessary work to install a new 6-inch
water main for the PROPERTY within the easement dedicated for such
. purpose. The water line shall be constructed in accordance with all
applicable CITY standards. The costs of such construction shall be shared
equally between the CITY and DEVELOPER. Following proper construction
in a manner satisfactory to CITY and CITY inspection and approval of the
water main, CITY shall reimburse DEVELOPER one-half of the actual costs
and expenses for the construction of the water main, up to a maximum of
$10,239.00. Such repayment will be in the form of a credit against the CIAC
fees due under the AGREEMENT. In connection with the CITY'S share of the
construction costs, CITY shall provide DEVELOPER with new 6-pipe ductile
iron pipe for the purpose of constructing the water main, the value of which
shall be credited against CITY'S share of the overall cost of the new water
main installation. The credit for the pipe shall not be less than $2,802.80.
The DEVELOPER agrees to provide CITY with a written proposal for the work
that details the costs and scope of the work and receive written authorization
by CITY before DEVELOPER shall commence any of the work.
(c) Therefore, CITY'S net cost and expenses in connection with closure and
abandonment of the existing water main and the construction and installation
of new water main shall not exceed $9,886.20.
2 Amendment to Water and sewer
Developer's Agreement
4. The following terms and conditions are hereby added to Part 11, Section H, .
Contribution Payments from Developer, of the AGREEMENT:
Following proper closure of the existing water main and the proper construction
of the new water line as described in the AMENDMENT TO AGREEMENT,
CITY'S repayments to the DEVELOPER, as described hereinunder, will be
credited towards the CIAC fees due to CITY by DEVELOPER. The parties agree
that the total CIAC fees of $57,900.00 due under the AGREEMENT will be
reduced by the actual costs of the aggregate repayments for the closure and
abandonment of the existing water main and the construction of the new water
main, up to a maximum aggregate reduction of $9,886.20, as described
hereinunder.
5. Except as expressly modified and amended hereby, all existing terms and
provisions of the AGREEMENT shall remain unchanged, and in full force and effect,
and the same are hereby ratified and confirmed.
In Witness Whereof, DEVELOPER has hereunto set its hand and seal as of the
date first above written.
State of Florida
County of Broward
DEVELOPER:
PARKWOOD AT COLONY WEST,
A Flo 'da Corporation
r. �kz +l
President
INC. 0
3 Amendment to Water and sewer
Developer's Agreement
r,
•
IN WITNESS WHEREOF, CITY hereto set its hand and seal as of the date first above
written.
A�T.
By:
Robert S. Noe, Jr.
City Manager
ATTEST.
By:
Carol Gold, CMC/ E
City Clerk
C!
CITY:
CITY OF TAMARAC
By:-(29-eAclen422
.
Jo chreiber
Mayor
Date:
Bye
Ro' . Noe, Jr. 0�rt
.
City Manager
Date: �{/l l/� �T
By:
Mitchel . Kraft,
City Attorney
Amendment to Water and Sewer
Developer's Agreement