HomeMy WebLinkAboutCity of Tamarac Resolution R-98-125Temp. Reso. #8234 April 23, 1998 1
CITY OF TAMARAC
RESOLUTION NO. R-98 /,95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE AN AMENDMENT TO THE WATER AND SEWER
DEVELOPER'S AGREEMENT WITH SECURITY CAPITAL
ATLANTIC INCORPORATED FOR THE CAMERON
GARDENS PROJECT (FORMERLY KNOWN AS THE CORAL
COVE PROJECT) LOCATED ON THE SOUTHEAST
CORNER OF NOB HILL ROAD AND NW 81ST STREET;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Security Capital Atlantic Incorporated, developer of the Cameron
Gardens Project (formerly known as the Coral Cove Project) located on the southeast
corner of Nob Hill Road and NW 81" Street (attached hereto in map form as "Exhibit V)
executed a Water and Sewer Developer's Agreement on October 8, 1997 (attached hereto
as "Exhibit 2"); and
WHEREAS, construction of a new wastewater pump station to replace the existing
Pump Station #33 is necessary to provide adequate capacity to service the Cameron
Gardens Project; and
WHEREAS, the City is generally responsible for constructing the wastewater pump
stations within the City of Tamarac's wastewater collection system; and
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Temp. Reso. #8234 April 23, 1998 2
WHEREAS, the developer of the Coral Cove project committed to designing the
new pump station and contributing $10,000 towards the construction of the pump station
as part of the Water and Sewer Developer's Agreement; and
WHEREAS, the completion of the new pump station is required before Certificates
of Occupancy can be issued for the second phase of the Cameron Gardens Project; and
WHEREAS, the City cannot construct the new pump station in a timeframe that
accommodates the construction schedule of the Cameron Gardens Project; and
WHEREAS, the Developer has submitted an amendment to the Water and Sewer
Developer's Agreement (attached hereto as "Exhibit 3"), which would allow the contractor
to construct the new pump station, and be reimbursed by the City for the construction cost
of the new pump station less the previously agreed to $10,000 contribution, and
WHEREAS, it is the recommendation of the Director of Utilities that this amendment
to the Water and Sewer Developer's Agreement between the City of Tamarac and Security
Capital Atlantic Incorporated for the Cameron Gardens Project be approved and executed;
and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to accept and execute an amendment to the Water and Sewer
Developer's Agreement from Security Capital Atlantic Incorporated for the Cameron
Gardens Project.
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Temp. Reso. #8234 April 23, 1998 3
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 amendment to the Water and Sewer Developer's Agreement
(attached hereto as "Exhibit 3") with Security Capital Atlantic Incorporated for the Cameron
Gardens Project.
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.
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.
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Temp. Reso. #8234 April 23, 1998 4
PASSED, ADOPTED AND APPROVED this13day of /M y ,
iW-01:1
ATTEST
CAROL GpqD, CMC/AAE
CITftLERK
qERTIFY that I haves RESOLUTION as Itf
CHELL S RATY ATTORNEY
MW:aml
JOE SCHREIBER
MAYOR
RECORD OF COMMIS
MAYOR SCHREIBER
DIST 1:
COMM. McKAYE
GIST 2:
V/M MISHKIN
DIST 3: _,
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
VOTE
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TEMP. RESO. # 8234
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CAMARON GARDENS
AMENDMENT TO THE
WATER AND SEWER DEVELPOER'S AGREEMENT
EXHIBIT 2
TEMP. RESO. #8234
WATEE _R
r •- -
FOR: Coral C v
(Name of Phased Development)
GENERAL LOCATI ON:3outh east corner of NW
1 st Streetnd N ill ad
THIS AGREEMENT effective this 13 day of
19N, made and entered into by and between:
The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida
C21,E a municipal corporation of the State of Florida, hereinafter called
and
Tr 4 As acia es FIQ.rida General Partn r hi
at C/O R T0ract 4 Inc. 65 NW 6 h tree Miami Florida
hereinafter called "DEVELOPER".
and
Tract 24 Ass ciat s a Florida en ral P nershi
at C/O RK Tra 24 Inc. 65 NW 168th Str a N. Miami FI rida
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
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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 IML 13�, 199Y.
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. INSTALLATIONS IN C MPLIANCE WITH SP CIFI TI N
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 INSTALLE
D 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 SUP RVISION BY DEVELOPER' ENGINEER
DEVELOPER shall, at his expense, and at no expense to the CITY, retain
the services of a registered professional engineer for the purposes of providing necessary
inspection and supervision of the construction work to insure that construction is at all
times in compliance with accepted sanitary engineering practices and in compliance with
the approved plans and specifications. DEVELOPER shall notify CITY in writing of such
appointment. A copy of each field report shall be submitted to the Director of Utilities
authorized 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 10NSTgUCTION 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. ENGINFFPq EPr=qr=K1T 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.
F. C 0MP IAN E 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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0 G. AS-R1111 T DR WING
r�
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. CONTRIBUTI N PAYMENTS FROM DEV L PER
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:
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C
CONTR allDOUWATEM
Residential #_3DL Units X .70 ERC's Per Unit @ $1 05.00 Per ERC
Non -Residential # 3.5 ERC's @ $1.20L.00 Per ERC
Total ERC's 21 alL (WATER) Total Contribution $ 257 2 7. 0
CONTRIBUTION (SEWER)
Residential #Ok Units X 7D--ERC's Per Unit @ $1 5 .00 Per ERC
Non -Residential # 3.5 ERC's @ $!Jj—O--O-Q Per ERC
Total ERC's 1 .5 (SEWER) Total Contribution $ 330 925.00
The DEVELOPER has paid to the CITY the sum of Five Hundred iryhty
id One Hiinrirarl Blinn+„ -r,.,,,
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
* This amount will be paid in phases by as shown on "Exhibit D".
GUARANTE D REV NUES
Date
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 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,
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the GUARANTEED REVENUES shall resume.
4. The parties acknowledge the GUARANTEED REVENUE payments
made by the DEVELOPER shall be considered as revenue (income).
J. M DIFICATI N TO CITY'S WAT R OR SEW R FA ILITIES MAY B
NEC S ARY
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. DELIN UENT PAYMENTS DEFAU T NOTIC OF DEFAULT
1. If any payment of GUARANTEED REVENUES required by this
AGREEMENT is more than fifteen (15) days late, the CITY shall send the DEVELOPER
a notice of delinquency by prepaid certified mail, and failure of the DEVELOPER to make
the required payment in full within seven (7) days of the date shown on the notice shall
constitute a default by the DEVELOPER.
2. Other than required payment of GUARANTEED REVENUES, if any
act required by this AGREEMENT is not timely accomplished or if any act prohibited by this
AGREEMENT is done, then this AGREEMENT shall be in default. Notice of default and
the grounds for default shall be sent to the DEVELOPER by the CITY as provided in Part
VI of this AGREEMENT.
L. SANCTIONS AND PENALTIES
Should DEVELOPER be in default of this AGREEMENT, it is agreed that the
CITY shall have the right to exercise 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.
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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
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5. There shall be an interest penal equal to the maxim
� a q um 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. MISCELLAN ni iq ADDITI NAL BLIGATIONS OF DEN LOP R
Prior to acceptance of the work required to be done, DEVELOPER shall,
without cost to CITY:
1. Convey to CITY and its successors and assigns, by good and
sufficient exclusive easement deed, in a form satisfactory to CITY, a perpetual right,
easement and privilege to operate, maintain, repair or replace all water and sewer mains,
pipes, connections, pumps and meters within granted easements upon DEVELOPER's
PROPERTY in connection with supplying water and sewer service to the inhabitants,
occupants and customers in DEVELOPER' 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
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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. TY'S MAINTENANC OF YSTEMS AFTER ERTAIN CONDITION
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
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-213.5 ERC's of water
service and 213.5 ERC's of sewage treatment plant capacity for DEVELOPER.
B. S RVICE CONDITIONS N LARGE USER ACRE MENT
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. IMP O SIBILITY TO PROVIDE SERVI E
In the event that the CITY cannot provide sufficient service as a result of the
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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 OF THIS AGREEMENT
In addition to binding DEVELOPER, the provisions of this AGREEMENT shall
run with the land and be binding upon and inure to the benefits of successors in title to the
PROJECT after this AGREEMENT has been recorded in the Pubic 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 signed.
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. REPEA OF 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.
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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. E C U IV RI HTS OF CITY
CITY shall have the exclusive right to furnish water service and sewage
collection service to consumers within the PROPERTY covered by this AGREEMENT.
B. W LL PROHIBITED XC PT FOR IRRIGATLON
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. PRO MU GATION OF REAS0NAB E RULES OF SERVICES
CITY shall have the right to promulgate from time to time reasonable rules
and regulations relating to the furnishing of water service and sewage collection service
to consumers within the PROPERTY encompassed by this AGREEMENT. Such rules and
regulations may relate to, but are not limited to, rates, deposits and connection charges
and the right to discontinue services under certain conditions. The water and sewer rates
to be charged by CITY to said customers shall be the rates now or hereafter charged to
other customers within the area of service of TAMARAC UTILITIES WATER AND SEWER
SYSTEM. DEVELOPER hereby acknowledges and agrees that the rates are subject to
change at any time by CITY.
D. CITY NOT LIABLE FOR DEVELOPER'S OR CON UMER'S PROPERTY
CITY shall not be liable or responsible for maintenance or operation of any
pipes, pipelines, valves, fixtures or equipment on any of the properties of the customers,
consumers or users on DEVELOPER's PROPERTY other than the water main and water
service lines (from the water main to the water meter) and the sewage collection system
within granted easements to CITY pursuant to this AGREEMENT.
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E. SY5 ER'S PR PERTY TO BE KEPT IN OD
WORKIMQLQ DI_ TION
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.
G. OV R-SIZE METERS ON SINGL FAMI Y 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 USE
No water from CITY's water distribution system shall be used or disbursed
by DEVELOPER or his agents, through fire hydrants or water mains, or by any person,
firm, corporation or agency, public or private, unless the Director of Utilities has first
approved the use and the connection, and there has first been made adequate provisions
for compensating CITY for such water.
DI C AIM R
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.
961011 12 Wsdap.wpd
0 J. S \ E ABILITY
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. RECORD G F 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 HARMLE S PROVISION
18 It is mutually agreed that the CITY shall be held harmless from any and all
liability for damages if CITY's obligations under this AGREEMENT cannot be fulfilled as a
result of any ruling or order by any other governmental or regulatory agency having
jurisdiction over the subject matter hereof; and in such event, this AGREEMENT shall be
null and void and enforceable by either party regarding that portion of the DEVELOPER's
PROPERTY for which CITY cannot perform its obligation.
M. C NTROL OF CROSS CONNECTIONS AND ACK-FLOW
1. The purpose of this Section is to protect the public water main against
actual or potential cross -connections and back -flow by isolating within the premises or
Private Property contamination or pollution that has occurred or may occur because of
some undiscovered or unauthorized cross -connection on the premises or Private Property,
2. POLICY
a. No water service connection shall be installed or maintained by
the CITY unless the public water main is protected by an
Approved back- flow prevention assembly as required by
Florida Administrative Code 17-22, applicable DEP regulations,
and this Section.
961011 13 Wsdap.wpd
l
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
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
is DEVELOPER/OWNER will be responsible for insuring that
961011 14 Wsdap.wpd
C� J
•
•
proper plumbing permits have been obtained and fees paid.
N. WELLFIELD PROTECTION
DEVELOPER acknowledges that property described in Exhibit "A" kig / 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.
0. PRO -IIBITE[2 H&ZARDOU5 MATERI L
DEVELOPER acknowledges that Broward County and the City of Tamarac
have ordinances that prohibit discharge of hazardous materials into the sanitary sewer
system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85-52). DEVELOPER
agrees not to discharge hazardous materials into the sanitary sewer system as defined by
Broward County Ordinance 86-61 and Tamarac Ordinance 85-52 or as they may be
amended.
PART VI. NOTICE
Whenever either party desires to give notice to the other, it shall be given by written
notice, sent by prepaid certified United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place specified as the place for giving
of notice, which shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for the giving of notice:
FOR QlTY OF TAMARA :
City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
MR THE DEVEL PER -
Tract 24 Associates,
Bruce Jarvis
65 NW 168th Street
North Miami, Beach, Florida 33169
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.
961011 15 Wsdap.wpd
A. EZhL6JT5
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 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 X Not Included
961011 16 Wsdap.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:
ATT"E—ST"'
Ro rt S. Noe, Jr.,
City Manager
ATTEST:
By:
carol Gold, /AAE
City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANTEE f,
By: •C
Joe Schreiber
Mayor -
RN S. Noe, Jr.,
Cit anager
Date:
s to fo
E'A,
STATE OF FLORIDA By. ,�
Mitchel Kraft,
: SS City Attorney
COUNTY OF ,QvG�Ar :
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
rTof__ 'pf-i0 me known to be the person(s) described in and who
executed the foregoing instrument and 75 f v acknowledged before me and under
oath that 7;, executed the same.
WITNESS my hand and official seal this
1991
� Y p�j' (WIF# 1AL WTARY SEAL
"YLLIS POLIKOFF
I$MMMISSION NUMBER
' CC390392
M'f COMMISSION EXP.
`mod T 731996
(�) Personally known to me, or
( ) Produced identification
/-3 day of 19-
p
NOTA Y PUBLIC, St t 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.
961011 17 Wsdap.wpd
IN WITNESS WHEREOF, Developer has hereunto set his hand ariu seal
year first above written.
A.
irr`iESS Ou.` nl C2IDEVELOPER
general part
By: Tray
BY:
Type Name r1A, 3ti) Type Name,-,c
ry President
ay
STATE OF FLORIDA
SS
COUNTY OF DADE
Tract 24 A:
nc. c
c
er o Kassir
the day and
tes, a Florida
ene_gal partner
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
Roberto Kassin
who executed, the foregoing instrument and
me known to be the person(s) described in and
acknowledged before me and under
I*ath that he executed the same.
WITNESS my hand and official seal this 12 day of June
1997
he
(J�'�{ �lr.
NOTARY PUBLIC, S6te of Florida
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( x ) Personally know to me, or
WANpA H DE ANA
( ) Produced identification ►bby KA c - &C% of no do
conrrrwon �a
TypFil-mc, art
gyp
( ) DID take an oath, or DID NOT take an oath.
0
961011
it;]
Wsdap.wpd
IN'WITNESS WHEREOF, Mor Agee has hereunto set his hand I seal on the
day and year first abov_ written.
ATTEST:
Type Name ItTEVEN S. SWARTZ
/46yfCorporate Secretary
(Corporate Seal)
STATE OP OHIO
COUNTY OF CU� : SS
MORTGA ;EE(If Applic ble) Ohio savings sank
By:Type Name rank J. Bolognia
President Senior Vice 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 appearedFf_�
to me known to be the person(s) described in and
who executed the foregoing i`
-{��� instrument and "� acknowledged before me and under oath
that �— executed the same.
WITNESS my hand and official seal this lday of
June
199 �. ,
( x) Personally know to me, or
( ) Produced identification
NOTARY PUBLIC, State of o
fie.
(Name of Notary Public: Print;
Stamp, or Type as Commissioned)
SUSAM :L DELZANI, Notary public
State of Ohio, Cuyahoga County
MY Cemmission Expires June 14, 1998
Type of I.D. Produced
( ) DID take an oath, or ( x ) DID NOT take an oath.
0
961011
19
Wsdap.wpd
C�
"EXHIBIT A"
DESCRIPTION
A PORTION OF TRACTS 10, 11, 14 AND 15 OF FLORIDA FRUIT LANDS COMPANY
SUBDIVISION NO, 2 OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS
RECORDED IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5;
THENCE NORTH 1031' 24" WEST, ALONG THE WEST LINE OF SAID SECTION 5, A
DISTANCE OF 6301.22 FEET; THENCE NORTH 88028'36" EAST, A DISTANCE OF
948.90 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
SOUTH 60054'08" EAST, A DISTANCE OF 1,017.07 FEET; THENCE SOUTH
29005'52" WEST, A DISTANCE OF 835.41 FEET TO THE POINT OF CURVATURE
OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 1130,00 FEET, A CENTRAL ANGLE
OF 5000'42", AN ARC DISTANCE OF 98.84 FEET TO A POINT; THENCE NORTH
.79053'31" WEST, A DISTANCE OF 244.89 FEET TO THE POINT OF CURVATURE
OF A CIRCULAR CURVE TO THE RIGHT; THENCE WESTERLY AND NORTHERLY
ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 300 FEET, A CENTRAL
ANGLE OF 67059'50", AN ARC DISTANCE OF 356.03 FEET TO THE POINT OF
TANGENCY; THENCE NORTH 11053'41" WEST, A DISTANCE OF 595.38 FEET TO
THE POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHERLY
AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 100
FEET, A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 157.08 FEET TO A
POINT, THENCE NORTH 11°53'41" WEST, A DISTANCE OF 41.52 FEET; THENCE
NORTH 50008'54" EAST A DISTANCE OF 28.13 FEET TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE EASTERNLY AND
NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1253.00
FEET, A CENTRAL ANGLE OF 19013" 5", AN ARC OF 420.34 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
AND CONTAINING 20.017 ACRES MORE OR LESS.
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ti7097.T6r / * •
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esrvs=?<`e
OF
TAMARAC TRACT 24
BEING A RESUBDIVISION OF A PORTION OF TRACTS 10,11, 14, AND15, FLORIDA FRU17 LANDS COMPANY'S SUBDIVISION NO.2 OF SECTION 5
TOWNSHIP 49S.,RANGE41E., PLAT BOOK I PO.102 P.B.C.R.
CITY OF TAMARAC-BROWARD COUNTY, FLORIDA
CC WINNINGHAM C..QVORATIQN SURVEYORS - ENGINEERS 6AKLANO PARK, FL 3JJ3•+
p•o �.r .s" rr�rrr
EXHIBIT C
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EXHIBIT D
T MARAC WATER AND SEWER AGREEMENT
DEVELOPMENT Coral Cove
MET R
H DULE AND :EES FOR M LTI-FAMI
Y UaE BY PHASE
jQNE UNIT .77
/ER • WATER CIAC = 11,205 /
RCm SEWER
CIA
$1,550
/E C)
PHASE NUMBER
1
BUILDING NUMBERS
NO. OF
WATER
SEWER
WATER
SEWER
TOTAL CIAC
NO. OF
METER
UNITS
ERC's
ERC's
CIAC FEES
CIAC FEES
FEES
METERS
SIZE
Building 1
20
14
14
$16,870.00
$21,700,00
$38,570.00
1
2-1/2"
Building 2
24
16.8
16,8
S20,244.00
S26,040.00
S46,284.00
1
2-1/2"
Building 4
36
25.2
25.2
S30,366.00
S39,060.00
$69,426.00
1
3"
Building 9
20
14
14
S16,870.00
$21,700,00
S38,570.00
1
2-1/2"
Building 10
32
22.4
22.4
S26,992.00
$34,720.00
S61,712.00
1
2-1l2"
Building 11
32
22.4
22.4
S26,992.00
$34,720.00
S61,712.00
1
3"
TOTAL
164
114.8 114,8 I $138,334,00
$177,940.00
S316.274.00
6
PHASE NUMBER
2
BUILDING NUMBERS
NO. OF
WATER
SEWER
WATER
SEWER
TOTAL CIAC
NO. OF
METER
UNITS
ERC's
ERC's
CIAC FEES
CIAC FEES
FEES
METERS
SIZE
Building 3
32
22.4
22.4
$26,992.00
S34,720.00
S61,712,00
1
3"
Building 5
24
16.8
16.8
$20,244.00
S26,040.00
S46,284.00
1
2-1/2"
Building 6
36
25.2
25.2
S30.366.00
S39,060.00
$69,426.00
1
3"
Building 7
24
16.8
16.8
S20,244.00
S26.040.00
S46,284.00
1
2-1/2"
Building 8
20
14
14 I
$16.870.00
S21,700.00
$38,570.00
1
2-1/2"
TOTAL
136
95.2 I 95.2 S114,716,00
$147,580.00
I $262.276.00
5
TOTAL MULTI -FAMILY
210
210 210 $253,050.00
$325,500.00
S578,550.00
11
E
961011 20 Wsdap.wpd
•
METER SCHEDULE FOR NON-RESIDENTIAL USE
E h P id ' full ri r he issuance f a B ildin P rmi for thatPha
(ERC basedn m r i e' Water CIA = 1 205 /ERC'5ewer CIAC 1 550 /ERC
PHASE NUMBER 1
LOT NUMBERS NO. OF I WATER I SEWER WATER SEWER TOTAL CIAC NO. OF METER
UNITS ERC's ERC's CIAC FEES CIAC FEES FEES METERS SIZE
Clubhouse 1 2.5 2.5 J$3,012.5q $3,875.p0 $6,887.50 1 1„
PHASE NUMBER 2
Building Number NO. OF WATER SEWER WATER SEWER TOTAL CIAC NO. OF METER
UNITS ERC's ERC'S CIAC FEES CIAC FEES FEES METERS SIZE
Maintenance Building 1 1 1 $1,205,00 $1,55p.00 $2,755.g0 1 5/8"
DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = N/A ERC'S (SEWER) @ $1550 = $ N/A
GRAND TOTAL ERC'S 213.5 (Water) 2_13.5 ,(Sewer)
GRAND TOTAL CIAC FEES $ 257.267.50 (Water)$ 330,925.Qo (Sewer)
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER AT 8" DIAMETER
AT 6" DIAMETER 11 AT 2-1/2" DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. 33
213.5 ERC'S -i- 20.017 SITE ACRES = 10.67 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 T INTENDED USE.
-Jonathan W. Kei
Florida P.E. License No. 41052
961011
21
Wsdap.wpd
t ,
3. Construction of New Lift Station 33. The City agrees
to construct and install the new Lift Station #33 in
accordance with the plans and specifications prepared as
set forth in Paragraph 2 above and approved and
permitted by the City as being in accordance with all
governmental requirements. The City agrees to proceed
with the construction of the lift station expeditiously
and in good faith.
B. USE OF INDIVIDUAL METERS:
1. Preamble. The Developer and the City have determined
that it is mutually desirable to provide individual
meters to each apartment building. The meters will be
installed by the City and billed directly to the
Developer in the same manner and at the same water and
sewer rates, charges and deposits as applicable to
single-family residential construction for which there
is but one meter, irrespective of buildings. The CIAC
Fees will remain at the rates established for multi-
family residential use.
2. Res onsibilities of the Developer. The Developer will
install the appropriate water main system, service lines
from the main to the meters (City's) and the service
lines from the meters to the apartment buildings
(Developer's) as may be required. The Developer will be
responsible for meter installation charges and deposits,
as well as guaranteed revenues, based upon the multi-
family residential category.
3. Responsibilities of the City. The City will install,
maintain, read and bill each apartment building meter in
the same manner as if it were a single --family
residential meter.
C. SUB -METERING OF WATER USE:
Pursuant to the waiver provisions in Section 22-30, as
amended by Ordinance No. fir, the City has waived the
sub -metering or re -metering prohibitions with respect to
water service. The Developer shall be allowed to install
monitoring meters between the water meter for the particular
building and the fixtures in each apartment unit for the
purpose of monitoring and assessing the water use in each
apartment unit. The sub -metering or re -metering shall be
subject to the following conditions:
1.1 No enhancement or surcharge shall be applied to the
sub -metering or re -metering and all meter charges to the
applicable apartment unit shall be at the same cost as
the Developer has from the City.
2
•
C�
SECURITY CAPITAL ATLANTIC
Incorpomted
April 27, 1998
The City of Tamarac
7525 Northwest 88th Street
Tamarac, Florida 33321
EXHIBIT 3
TEMP. RESO. #8234
Re: Tamarac Utilities Water and Sewer Developer's Agreement (the
"Developer's Agreement"), dated October 8, 1997, between The City of
Tamarac (the "City") and Tract 24 Associates ("Tract 24")
Gentlemen:
Pursuant to the terms of that certain Assignment and Assumption of Contracts, dated October
15, 1997, from Tract 24 to Security Capital Atlantic Incorporated ("Developer"), Developer assumed
the rights and obligations of Tract 24, as developer, under the Developer's Agreement. Reference
is hereby made to the Developer's Agreement, and all initially -capitalized terms used herein, but not
defined herein, shall have the meanings ascribed to them in the Developer's Agreement. This letter
sets forth our agreement concerning certain matters relating to the Developer's Agreement.
Pursuant to Part II.J and Exhibit E of the Developer's Agreement, Developer agreed to
contribute $10,000 toward the cost of replacing Lift Station #33 and the City agreed to replace Lift
Station #33 with a new lift station (the "New Lift Station") expeditiously and in good faith.
Developer and the City have agreed that it will be more expeditious for Developer to construct and
install the New Lift Station instead of the City. Developer and the City have further agreed that
Developer's $10,000 contribution toward the cost of the New Lift Station shall be credited against
the costs incurred by Developer in connection with the cost of constructing and installing the New
Lift Station.
In consideration of the premises set forth above, the mutual covenants hereinafter set forth,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Developer and the City agree as follows:
1. Paragraph A, Section 2.6 of Exhibit E to the Developer's Agreement is hereby
amended to add the following sentence at the end thereof. "This amount will be subtracted from any
amount due Developer from the City under Paragraph A, Section 3 of this Exhibit E."
3279581.2 42798 1143C 97367189
Six Piedmont Center, Sixth Floor •Atlanta, Georgia 30305.OW) 237-9292
The City of Tamarac
April 27, 1998
Page 2
2. Paragraph A, Section 3 of Exhibit E to the Developer's Agreement is hereby amended
to read in its entirety as follows:
3. CQn tS ruction of New Lift Station 33. Developer agrees to construct and install the
new Lift Station #33 (the "New Lift Station") in accordance with the plans and specifications
prepared as set forth in Paragraph 2 above (the "Plans and Specifications") and approved and
permitted by the City as being in accordance with all governmental requirements. Following the City
approval of the Plans and Specifications, the Developer shall make application for, and the City shall
cooperate with the Developer in obtaining, the necessary construction permits for the New Lift
Station required from applicable state and county authorities. Upon receipt of all necessary permits,
Developer shall proceed with the construction of the New Lift Station expeditiously and in good
faith. Upon receipt of notice from the Developer that construction of the New Lift Station is
complete, the City shall inspect the New Lift Station and promptly thereafter submit the
documentation necessary to obtain, and diligently and in good faith pursue, certification and
acceptance of the work from and by applicable state and county authorities. Within 30 days after
acceptance of the New Lift Station and presentation to the City of paid invoices and final lien
waivers relating to the construction of the New Lift Station, the City shall reimburse Developer for
the full amount of the cost of constructing and installing the New Lift Station, less $10,000 (which
amount represents Developer's "fair share" contribution toward the cost of the New Lift Station
under Paragraph A, Section 2.6).
3. Part II.J of the Developer's Agreement is hereby amended to add the following
sentence at the end thereof:
Notwithstanding anything herein to the contrary, completion of the New Lift
Station (as defined in Exhibit E) shall not be a condition to the issuance of a
Certificate of Occupancy for any of first six buildings completed or the
clubhouse for the Developer's proposed apartment project (collectively,
"Phase I Development"). Completion of the New Lift Station shall be a
condition to the issuance of a Certificate of Occupancy for any buildings
completed after the completion of the Pig 1 Development.
4. The Developer's Agreement may be supplemented and/or amended only by a written
document executed by both Developer and the City.
5. Except as amended hereby, the Developer's Agreement shall remain in full force and
effect as originally written and executed. To the extent of any conflict between the terms of this
amendment and the Developer's Agreement, the terms of this amendment shall control.
3279581.2 42798 1143C 97367189
I I1-1
SECURITY CAPITAL ATLANTIC
Incorporated
The City of Tamarac
April 27, 1998
Page 3
Please acknowledge your agreement to the foregoing by executing a copy of this letter and
returning it to the undersigned by facsimile transmission.
Signed, sealed and delivered
in the presence of:
Print Name:
/)1,-,,4,4e( G,•,i
Print N
G'dvt; (� N 5. (*'j a--1A
[CORPORATE SEAL]
STATE OF GEORGIA )
)ss.
COUNTY OF FULTON )
Very truly yours,
SECURITY CAPITAL ATLANTIC
INCORPORATED
By: %v
f Neil Tr Brown, Vice President
Six Piedmont Center
Atlanta, Georgia 30305
I HEREBY CERTIFY that, on the day of April, 1998, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments, personally appeared Neil T.
Brown, a Vice President of Security Capital Atlantic Incorporated, a Maryland corporation, who
executed the foregoing instrument and acknowledged to and before me that he did so voluntarily and
for the purposes set forth therein, and who is personally known to me.
Notary Public, State of eorgia
Commission No.
My commission e.-:pires:
rotary Public, t7ci�p1!� Cavni3ll; C: crr�❑
i,l�� Commission �;;ri('�5 ,�.-^� , 1999
32795812 42798 1143C 97367189
IIII�
SECURITY CAPITAL ATLANTIC
Incorporated
w- 6z if
The City of Tamarac
April 27, 1998
Page 4
Signed, sealed and delivered
in the presence of:
AT
F
o ert S. Noe, Jr.
City Manager
ATTEST -
By: A�U�f�-
Carol God CMCAAE
City Clerk
3279581.2 43098 1333C 97367189
(Notarial Seal)
ACCEPTED BY CITY OF TAMARAC
By.
Yoe Schreiber, Mayor
Date: ppX'l i3, 1998
B - , , ��'\ --�-sr)�
iert S. Noe, Jr., City Man4ger
Date: Aprirt / 1998
ApproNVUs to form:
9v'
h,
S. Kraft, f it*/Attorney
SECURITY CAPITAL ATLANTIC
Incorporated
r�
C�
•
The City of Tamarac
April 27, 1998
Page 5
STATE OF FLORIDA )
)ss.
COUNTY OF BROWARD )
HA4y-
I HEREBY CERTIFY that, on the _/3 day of ATril-, 1998, before me, an officer duly
authorized in the State and County, aforesaid to take acknowledgments, personally appeared Joe
Schreiber and Robert S. Noe, Jr., the Mayor and City Manager, respectively, of the City of Tamarac,
Florida, who executed the foregoing instrument and acknowledged to and before me that they did
so voluntarily and for the purposes set forth therein, and who are personally known to me.
cc: Thomas S. Reif
3279581.2 42798 1143C 97367189
Nol6iry Public, fdfe of Florida
Commission No.
My commission expires:
(Notarial Seal)
ofoyoft WrMW ZEN
b PW"Am POUKarr
C�I�IIg10N 141.11180t
CC390392
MY COMMISSION EXP.
4� PT 231998
SECURITY CAPITAL ATLANTIC
Incorporated