HomeMy WebLinkAboutCity of Tamarac Resolution R-98-117Temp. Reso.#8199 April 3, 1998 1
CITY OF TAMARAC
RESOLUTION NO. R-98-/ 7
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 MERRILL GARDENS, LLC, FOR THE
MERRILL GARDENS OF TAMARAC ALF PROJECT,
LOCATED ON THE SOUTHEAST CORNER OF UNIVERSITY
DRIVE AND NW 77T" STREET, FOR ONE WATER AND
SEWER BUILDING CONNECTION AND ONE DUMPSTER
CONNECTION REQUIRING 32 ERC'S FOR WATER AND 33
ERC'S FOR SEWER; REQUIRING THE PAYMENT OF
$89,710.00 IN CIAC FEES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the developer, Merrill Gardens, LLC, is constructing an Assisted
Living Facility for the Merrill Gardens of Tamarac ALF Project, located on the southeast
corner of University Drive and NW 77th Street, (attached hereto in map form as "Exhibit
1 ") in accordance with the Site Plan as approved by the City Commission on April 8,
1998; and
WHEREAS, the developer has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the Merrill Gardens of Tamarac ALF 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 32 ERC's for water and 33 ERC's for sewer for a combined CIAC fee of $89,710.00
as required by Resolution R-97-230; and
Temp. Reso.#8199 April 3, 1998 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 Merrill Gardens of Tamarac ALF 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 Merrill Gardens, LLC, for the Merrill
Gardens of Tamarac ALF 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 Merrill Gardens, LLC, for the Merrill Gardens of Tamarac ALF Project,
located on the southeast corner of University Drive and NW 77' Street and collect the
contribution charges in the amount of $89,710.00.
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.
1
Temp. Reso.#8199 April 3, 1998 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 thi 13 ZG
119 }r ,
1998.
JOE SCHREIBER
MAYOR
ATTEST: --
CAROL GOL MC/AAE
CITY CL K
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to fot r�i.)
CITY ATTO
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MgYORE CORD OF COMMI;
DISTI: COM REIBER
M. MCKAYE
DIST 2: V/M MISIJKIN
DIST 3: COMM. SIJLTANOF
VOTE
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MERRILL GARDENS OF TAMARAC ALF
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WATER AND SEWER DEVELOPER'S AGREEMENT
EXHIBIT 2
Temp. Reso.#8199
TAMARAC UTILITIES
WATER AND SEWEB
DEV OPER'S AGREEMENT
FOR: Merrill Gardens gf Tamarac AL
(Name of Development)
GENERAL LOCATION: sgutheasl corner of University
Drive and NW 77th Street
THIS AGREEMENT effective this 3 day of & ,
1975, made and entered into by and between:
The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida
33321, a municipal corporation of the State of Florida, hereinafter called
"CITY"
and
Merrill GardQns, L .C.
at 2716 We tern Avenue Seattle. Washington 9812
hereinafter called "DEVELOPER".
and
Merrill Gardens L.L.C.
at 2716 Western Avenue Seattle, Wa hin t n 98121
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
is
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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 4 Y 13 , 19 98,
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:
PA
RT 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. INSTA LATIONS N COMPLIANCE WITH SPECIFICATION
1. DEVELOPER, at his expense and at no expense to the CITY, shall
design, construct and install all necessary water distribution and sewage collection lines,
over, through, under, across and past the PROPERTY in accordance with plans,
specifications and engineering data as submitted by a Florida registered engineer to be
approved by the appropriate governmental regulatory agencies and by the Director of
Utilities, or his 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.
B. INSPECTION AND SUPERVISION BY DEVELOPER'S EN EER
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 representatiive. 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. PRE ON TRU ION 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 i-FLE-D—IRECTOR 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. EN,Q„INER�5 PRESENT ATTESTS
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. COMPLIANCE WITH APPLICABLE_ AWE
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.
980219 4 Wsdanp.wpd
G. AS-BUILI-DRAWINGS
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 -built
drawings prepared by a Florida registered engineer who designed the water distribution
and sewer systems or by any other engineer retained by the DEVELOPER. The As -Built
drawings shall be approved by the Director of Utilities authorized representative. As -Built
drawings shall be certified and sealed by the DEVELOPER's engineer showing all pertinent
information as to all mains, services and appurtenances belonging to, and affecting the
water distribution and sewage collection systems and service lines as constructed in the
field, As -Built drawings shall also be sealed by a Florida registered surveyor as to the
actual locations of all surface features of these systems, easements and right of ways
which are part or adjacent to the property and shall include all paving and drainage
facilities constructed in conjunction with the water and sewerage facilities.
H. CQNTRIBUTION 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 charges shall be computed based upon the DEVELOPER'S
representation on the approved final site plan for the PROPERTY. A copy of said plan
shall be reduced to 8-1/2" x 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 contribution charges applicable for this AGREEMENT are summarized
as follows:
CONTRIBUTION (WATER)
Residential # N/A Units X ERC's Per Unit @ $1.2 5.00 Per ERC
Non -Residential # 32 ERC's @ $1,205.OQ Per ERC
Total ERC's 3? (WATER) Total Contribution $ 38,560.00
CONTRIBUTION (SEWER)
Residential # N/A Units X ERC's Per Unit @ $1 50.00 Per ERC
Non -Residential # -3 ERC's @ $1 5 50 00 Per ERC
Total ERC's N (SEWER) Total Contribution $ 51,150.00
0
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The DEVELOPER has paid to the CITY the sum of eigbly nine —thousand
sev n huiidred tendollars- 710. 0 for contribution charges. Unless City
Commission, at the time of adoption of this AGREEMENT by Resolution, approves
alternative payment procedures, all Contribution charges have been paid, as evidenced
by the signature of the Finance Director:
Stanley Hawthorne, Finance Director
Date
Commencing after receipt of the Certificate of Occupancy and 90% occupancy of the ALF,
the CITY will review the actual water usage for one year. Based on this data, actual ERC
per bed requirements will be established. If the actual ERC consumption is greater than
100 gpd/bed, the number of ERC's required and the associated connection charges for the
same will be adjusted accordingly. Any additional payment of connection charges will be
due at that time. If actual consumption is less than 100 gpd/bed, the number of ERC's
required and the associated connection charges for same will be adjusted for the ALF
accordingly. Any overpayments of connection charges will be credited to the DEVELOPER
at that time.
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. Has a 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).
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J. MQDIFICATION TO CITY'S WATER OR SEWER FAQILITIES MAY BE
0 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 DEF ULT. NOTICE OF DEFAULT
1. If any payment of GUARANTEED REVENUES required by this
AGREEMENT is more than fifteen (15) days late, the CITY shall send the DEVELOPER
a notice of delinquency by prepaid certified mail, and failure of the DEVELOPER to make
the required payment in full within seven (7) days of the date shown on the notice shall
constitute a default by the DEVELOPER.
2. Other than required payment of GUARANTEED REVENUES, if any
act required by this AGREEMENT is not timely accomplished or if any act prohibited by this
AGREEMENT is done, then this AGREEMENT shall be in default. Notice of default and
the grounds for default shall be sent to the DEVELOPER by the CITY as provided in Part
VI of this AGREEMENT.
L. 58NCTIONS AND PENALTIES,
Should DEVELOPER be in default of this AGREEMENT, it is agreed that the
CITY shall have the right to exercise any of the following sanctions or penalties:
1. Any reserved plant capacity under this AGREEMENT may be
rescinded and forfeited.
Commission. 2. The site plan for the PROPERTY is voidable by Resolution of the City
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.
980219 7 Wsdanp.wpd
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 QBLIGATIONS OF DEVE-LQPER
Prior to acceptance of the work required to be done, DEVELOPER shall,
without cost to CITY:
1. Convey to CITY and its successors and assigns, by good and
sufficient exclusive easement deed, in a form satisfactory to CITY, a perpetual right,
easement and privilege to operate, maintain, repair or replace all water and sewer mains,
pipes, connections, pumps and meters within granted easements upon DEVELOPER'
PROPERTY in connection with supplying water and sewer service to the inhabitants,
occupants and customers in DEVELOPER's PROPERTY and secure from each mortgage
and lienor a release of mortgagees' and lienors' interest in the easement and fixtures
thereon for so long as the easement is used for the operation, maintenance, repair or
replacement of water and sewer mains, pipes, connections, pumps and meters within the
easements. Easements shall be a minimum of 20' wide for sewer and 15' wide for water.
2. Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER's
right, title and interest in and to all of the water and sewer supply lines, mains, pumps,
connections, pipes, valves, meters and equipment installed up to and within granted
easements and right-of-way within the PROPERTY and off -site improvements installed for
the purpose of supplying water distribution and sewage collection for DEVELOPER'S
PROPERTY.
3. Furnish CITY with an AFFIDAVIT that all persons, firms or
corporations who furnished labor or materials used directly_ or indirectly in the prosecution
of the work required to be performed by this AGREEMENT have been paid, or in the event
of a dispute between the DEVELOPER and a contractor or subcontractor, furnish CITY
with a BOND in the amount in dispute and in a form acceptable to the CITY.
4. Furnish CITY with a satisfactory surety bond or letter of credit in the
amount of twenty-five percent (25%) of the cost of the work, in a form acceptable to the
CITY, guaranteeing all work installed pursuant to this AGREEMENT against defects in
materials, equipment or construction for a period of not less than one (1) year from date
of acceptance of same by CITY.
5. Furnish CITY with T.V. inspection and air test of the sanitary sewer
collection system performed one (1) month before 1- year warranty period expires.
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•
•
6. Install cleanout on consumer's sanitary service in accordance with
current Utility Standard Detail.
PART III. CITY'S OBLIGATION
A. CITY'S MAINTENANCE OF S STE S AFTER CERTAIN CONDITIONS
When, at no cost to CITY, (1) the water distribution and sewage collection
systems have been satisfactorily installed, inspected, tested and approved and certified
in writing by the DEVELOPER' engineer, together with the Director of Utilities, or his
authorized representative; and (2) when DEVELOPER has satisfied the conditions of this
AGREEMENT, then CITY shall thereafter maintain the water distribution system and
sewage collection system up to and within granted easements upon DEVELOPER'S
PROPERTY. However, the CITY will only be responsible for the maintenance of the
sewer collection system from manhole to manhole and up to the first cleanout of the
service lateral within the granted easements and the CITY will only be responsible for the
maintenance of the water distribution up to the meter, fire hydrant, or fireline service within
the granted easements. The obligation of the CITY to furnish water and/or sewer service
other than construction water shall not arise until DEVELOPER has completed the
conditions contained in this paragraph. The CITY shall reserve 32 ERC's of water
service and _ 3 ERC's of sewage treatment plant capacity for DEVELOPER.
B. SERVICE QQNDITIONS ON LA GE USER AGREEMENT
The CITY has entered into a "Large User Agreement" with Broward County,
(the "COUNTY"), in which the COUNTY has agreed to make future sewage treatment
capacity available at its regional wastewater treatment plant. In the event CITY cannot
provide sufficient capacity, as a result of COUNTY's action, the CITY's sole obligation shall
be to refund DEVELOPER'S contribution charges as described in this AGREEMENT, for
those units for which CITY is unable to provide capacity provided that DEVELOPER is not
in default of this AGREEMENT.
C. I_MPOSSIBILITY 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
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beginning of this AGREEMENT are true and correct and in addition to them, it is mutually
covenanted and agreed, as follows:
A. ASSLONMENT OF THI AGR EME 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:
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 QF PRIOR AGREEMENTS
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.
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 and sewage
iscollection service to consumers within the PROPERTY covered by this AGREEMENT.
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B. WELLa PR HIB TED EXCEPT FOR IRRIGATION
0
DEVELOPER, his successors and assigns, and the owners and occupants
of buildings on DEVELOPER's PROPERTY shall not install or maintain any water wells
except for irrigation purposes.
C. PROMULGATION OF EREASONA LE RULES OF 5ERVIQES
CITY shall have the right to promulgate from time to time reasonable rules
and regulations relating to the furnishing of water service and sewage collection service
to consumers within the PROPERTY encompassed by this AGREEMENT. Such rules and
regulations may relate to, but are not limited to, rates, deposits and connection charges
and the right to discontinue services under certain conditions. The water and sewer rates
to be charged by CITY to said customers shall be the rates now or hereafter charged to
other customers within the area of service of TAMARAC UTILITIES WATER AND SEWER
SYSTEM. DEVELOPER hereby acknowledges and agrees that the rates are subject to
change at any time by CITY.
D. Cla NOT L18BLE 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 Imes (from the water main to the water meter) and the sewage collection system
within granted easements to CITY pursuant to this AGREEMENT.
E. SY TEM ON CONSUMER'S PROP RTY TO BE KE T IN GOOD
WORKING NDITION
Each consumer of water service or sewage collection service on
DEVELOPER's PROPERTY shall keep all water pipes, service lines including cleanouts,
connections and necessary fixtures and equipment on the premises occupied by said
consumer, and within the interior lines of the lot occupied by the consumer in good order
and condition. The sale of water by CITY to the consumer shall occur at the consumer's
side of the meter but the obligation for the maintenance of the lines shall be as set forth
above and in applicable CITY regulations.
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.
0 980219 11 Wsdanp.wpd
G. OVER -SIZE METERS ON SM—LL. 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 Us9E
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.
D15CLAIMER
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. SEVER8QILITY
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 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
980219 12 Wsdanp.wpd
deemed conclusive evidence of the fact that the said owners or occupants have consented
to and accepted the AGREEMENT herein contained and have become bound thereby.
L. HOLD HARMLESS PROVISIQN
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. CON RO OF_QROSS 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. PO_ __ LICy
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.
980219 13 Wsdanp.wpd
•
e. All services, other than single-family residences, shall be
protected by an approved reduced pressure principle assembly
or double check valve assembly, as determined by the Director
of Utilities or his designee, based on planned water usage
within the premises.
f. Reduced pressure principle and double check valve
assemblies shall be procured and installed by DEVELOPER,
in accordance with the Standard Back -Flow Prevention Detail
Sheet, which is available at the Tamarac Utilities Department,
prior to the installation of the water service meter.
g. Prior to connection of water service, the back -flow prevention
assembly must be inspected and tested by a certified tester.
If at the time of testing, the assembly is found to be
malfunctioning, the DEVELOPER will be notified by the CITY
and water service will not be provided until such time as the
back -flow prevention assembly does pass inspection.
h. Annual (or at intervals determined by Director of Utilities or his
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. WELLEIELD PRQTECTION
DEVELOPER acknowledges that property described in Exhibit "A" kiaLis 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. PROHIBITED HAZARDO.LIS MATERIALS
DEVELOPER acknowledges that Broward County and the City of Tamarac
have ordinances that prohibit discharge of hazardous materials into the sanitary sewer
system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85-52). DEVELOPER
agrees not to discharge hazardous materials into the sanitary sewer system as defined by
14
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Broward County Ordinance 86-61 and Tamarac Ordinance 85-52 or as they may be
amended.
P. VENUE
This Agreement shall be governed by the laws of the state of Florida as now
and hereinafter in force. The venue for actions arising out of the Agreement is fixed in
Broward County, Florida.
PART VI. NOTICE Y
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 QITY OF TA ARAC:
City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
FOR THE DEVELOPER:
Vice President of Development
Merrill Gardens, L.L.C.
2716 Western Avenue
Seattle, Washington 98121
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.
980219 15 Wsdanp.wpd
A. EXHIBITS PART VII. ADDITIONAL PROVISIONS
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 8-1/2inch by
11- inch page of the PROPERTY
EXHIBIT "B" - Receipt from third party for a portion of contribution
charge:
Included Not Included—_
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 x
980219 16 Wsdanp.wpd
E
•
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year indicated below:
Signed, sealed and
delivered in the presence of:
ATTEST:
Y
S. Noe, Jr.,
ity Manager
ATTEST:
By:
Carol Gold, CMC PE_
City Clerk
STATE OF FLORIDA
SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:r _
Joe Sd�eiber
Mayor
ViS. n ti-e
Noe, Jr.,
an ger
Date:
itchelILS.'Ki
ty Attorney
to fo
COUNTY OF 3,2owMp
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
Zvi. S &g *R6AFA „S &tk to me known to be the person(s) described in and who
executed the foregoing instrument and 7A v acknowledged before me and under
oath that Th c executed the same.
WITNESS my hand and official seal this
19913
Y P0� C1MfiC1AL NOTARY SEAL
O <r PHYLLIS POLIKOFF
Z ;V*COMMISSION NUMBER
� CC300392
My COMMISSION EXP.
Oc SEPT 23 1996
( �) Personally known to me, or
( ) Produced identification
/3 day of /i
14,04A.
NOTARY PUBLI , State of Florida
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (� DID NOT take an oath.
0 980219
IVA
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ATTEST: DEVELOPER: MERRILL GARDENS, L.L.0
By: Merrill Associates Limited Partnership, Manager
' By: The M II Group Inc., Managing General Partner
B
John . Car sino, Secretary m D. Pettit,Jr., Pr de
(Cgfporate Seal)
STATE OF WASHINGTON )(
COUNTY OF KING
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 William
D. Pettit, Jr., and John L. Carrosino, to me known to be the persons described in and who
executed the foregoing instrument and who acknowledged before me and under oath that they
executed the same.
WITNESS my hand and official seal this -��ay of 1998,
>:Otcry Public
ctu ct `Nashington
KATN:'INE R. NICHOLS
tyty Appolntmont Expires Feb 2, 20p1
( personally know to me, or
( ) Produced identification
NOTARY PUBLIC, State of Washington
Name of Notary Public
Stamp, or Type as Commissioned
Type of I.D. Produced
DID take an oath, or ( -Y61D NOT take an oath.
980219
18
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ATTEST: OWNER: MERRILL GARDENS, L.L.0
By: Merrill sociates Limited Partnership, Manager
' By: T le rill Group Inc., paging General Partner
B BS/'•• C
John Parrosin6, Secretary Wily , D. Pettit,Jr., Presideflt
(Corporate Seal)
STATE OF WASHINGTON )(
COUNTY OF KING )(
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 William
D. Pettit, Jr., and John L. Carrosino, to me known to be the persons described in and who
executed the foregoing instrument and who acknowledged before me and under oath that they
executed the same.
1�� +ram /
0 1
WITNESS my hand and official seal this 1�.� day of -h---� (uke ,j , 1998.
•
----------------
Notary Public
State of Waahlnptcn
KATHERINE R. NICHOIS
Fmv
Appolntmwt ExpMw Fab 2.2001
( personally know to me, or
( ) Produced identification
NOTARY PUBLIC, State of Washington
Name of Notary Public
Stamp, or Type as Commissioned
Type of I.D. Produced
( ) DID take an oath, or 0 DID NOT take an oath.
980219 19 Wsdanp.wpd
•
AFFIDAVIT SHALL BE COMPLETED-WHENM TGA I N E IS NOT
APPLICABLr;
I, William D. Pettit, Jr., do hereby affirm that I am the President of The Merrill
Group, Inc., Managing General Partner of Merrill Associates Limited Partnership, the
Manager of Merrill Gardens, L.L.C., and that I have executed a Water and Sewer
Developer's Agreement with the City of Tamarac for Merrill- Gardens of Tamarac
project and that I am the owner of the property covered by said Agreement.
There are no mortgages held on the property which is the subject of said
DEVELOPER'S AGRFFMFNT
FURTHER AFFIANT SAYETH NOT.
This 1 day of tint
STATE OF WASHINGTON )(
COUNTY OF KING )(
..;
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 William
D. Pettit, Jr., to me known to be the person described in and who executed the foregoing
instrument and who acknowledged before me and under oath that he executed the same.
WITNESS my hand and official seal this day ofc , 1998.
NOTARY PUBLIC, State of Washinaton
Name of Notary Public
Stamp or Type as Commissioned
( Personally know to me, or
( ) Produced identification
NOW Public
gate of Wahl Dan
KATHERM R. NICHM
Nhr Appdntment DPW* Feb 2. MCI
Type of I.D. Produced
( ) DID take an oath, or ( -4-01D NOT take an oath.
980219 20 Wsdanp.wpd
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NICK MILLER, INC.
Surveying & Mapping Consultants
DESCRIPTION
(AS PROVIDED)
A PORTION OF TRACT 13, OF FORT LAUDERDALE TRUCK FARMS
SUBDIVISION OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS
RECORDED IN PLAT BOOK 4, AT PAGE 31, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 13; THENCE
NORTH 00 DEGREES, 13 MINUTES, 57 SECONDS WEST ALONG THE EAST
LINE OF SAID TRACT 13, A DISTANCE OF 838.73 FEET; THENCE NORTH 88
DEGREES, 32 MINUTES, 53 SECONDS WEST, PARALLEL WITH THE SOUTH
LINE OF SAID TRACT 13, A DISTANCE OF 865.68 FEET TO THE POINT OF
BEGINNING OF THE DESCRIPTION, THENCE CONTINUING NORTH 00
DEGREES, 32 MINUTES, 53 SECONDS WEST, A DISTANCE OF 400 FEET;
THENCE NORTH 00 DEGREES, 12 MINUTES, 16 SECONDS WEST, PARALLEL
WITH AND 53.0 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE
WEST LINE OF SAID SECTION 3, A DISTANCE OF 424.27 FEET TO A POINT OF
CURVE; THENCE NORTHERLY AND EASTERLY, ALONG THE ARC OF A
CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.0 FEET, AN ARC
DISTANCE OF 39.99 FEET; THENCE SOUTH 88 DEGREES, 32 MINUTES, 53
SECONDS EAST, A DISTANCE OF 374.27 FEET; THENCE SOUTH 00 DEGREES,
12 MINUTES, 16 SECONDS EAST, A DISTANCE OF 450.00 FEET TO THE POINT
OF BEGINNING (THE "PROPERTY")
DATE: Z - Z 4 GARY A. RAGER
PROFESSIONAL SURVE AND ef
CERTIFICATE NO. 4828
STATE OF FLORIDA
FEBRUARY 24, 1998
SHEET 1 OF 2
97032E-1
2560 RCA Boulevard, Suite 105 • Palm Beach Gardens, Florida 33410
(561) 627-5200 • Fax: (561) 627-0983 • F.mail: nickmill@gate.net
53' 1 S3'
106'
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LEGEND:
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(PER P.B. 4� PG. 31) 00
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PORTION OF TRACT 13 � W
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P.B. 4, PG. 31 c.l
P.O.C.
SOUTHEAST CORNER OF TRACT 13 FORT
SOUI'HWESTCORNER LAUDERDALE TRUCK FARMS SUBDIVISION
SECTION 3, TOWNSHIP 49 SOUTH, OF SECTION 3, TOWNSHIP 49 SOUTH,
RANGE41 EAST RANGE 41 EAST,PLAT BOOK 4, PAGE 31
NICK MILLER, INC. SKETCH AND DESCRIPTION PREPARED FOR: [DATE:
CALE: 1" =100'
s""g Mapping �isu1ta" MERILL GARDENS L.L.C.
2a-sa
SUITE1os2560 RCA BLVp.PALM BEACH GARDENS. FLORIDA 33410 97032E
TEL 561 627-5200 FAX 561 627-0983
D.9.P.R. BUSINESS LICENSE No. 4318 NOTE: NOT A SURVEY 2 OF 2 FILE: 97032E-1.DWG
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SITE PLAN Acmm� N-E. unit a DAn: INi H:n�N l•R„sw.
U!`JD-ED BY Conklin Porter and Holmes
MERRILL DRAM By
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GARDENS CHECKED r — ; y; —il ENNEERSnINW.
TAMARAC, PLORIDA ��v`RovrD ev w.rir ,ia _. IJ .
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•
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EXHIBIT D
T MARAC WATER ANDS WEE AGREEMENT
MERRILL GARDENS OF TAMARAC
7600 University Drive
METER SQH.EDULEAND FEU FOE ALF USE
107 beds @ .286 ERC's per bed (107 beds @ 100 GPD per bed) 10,700 GPD 30.602 ERC
10 employees per shift @ 40 GPD = .114 ERC's per employee x 10 1.140 ERC
TOTAL ALF ERC's REQUIRED 31.742 ERC
Water Sewer Water CIA Sewer CIA Total CIA Meters Meter size
32 32 38,560 49,600 88,160 2 2" each
Dumpster (see below)
1 NA 1,550 1,550
32 33 38,560 51,150 89,710
DUMPSTER CONNECTED TO SEWER @ 1 ERC EACH. 1 ERC (SEWER) @ $1,550 = $ 1,550.00
GRAND TOTAL ERC'S _32(Water) 33 (Sewer)
GRAND TOTAL CIAC FEES: $38,560 (Water) $51,150 (Sewer)
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER AT 8" DIAMETER
1 AT 6" DIAMETER AT — DIAMETER
SERVED BY WASTEWATER PUMP STATION NO._27
33 ERC'S 166 SITE ACRES = 9.04 ERC'S / SITE ACRE
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE
MINIMUM REQUIREMENTS OF THE SOUTH qFl,DA
BUILDI E F R THE INTENDED USE.
Zq d PE # 'rj 95
� er
TYPE NAME
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