Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-98-146Temp. Reso. #8244 April 29, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-98�& 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 VALUE DINING OF TAMARAC, INC., FOR THE GOLDEN CORRAL OF TAMARAC PROJECT, LOCATED AT 7401 WEST COMMERCIAL BOULEVARD, FOR ONE WATER AND SEWER BUILDING CONNECTION AND ONE DUMPSTER CONNECTION REQUIRING FIVE (5) ERC'S FOR WATER AND SIX (6) ERC'S FOR SEWER; REQUIRING THE PAYMENT OF $15,325.00 IN CIAC FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE WHEREAS, the developer, Value dining of Tamarac, Inc., is constructing a restaurant for the Golden Corral of Tamarac Project, located at 7401 West Commercial Boulevard (attached hereto in map form as "Exhibit 1"), in accordance with the Site Plan as approved by the City Commission on May 13, 1998; and WHEREAS, the developer has offered a Water and Sewer Developer's Agreement to the City of Tamarac for the Golden Corral of Tamarac 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 five (5) ERC's for water and six (6) ERC's for sewer for a combined CIAC fee of $15,325.00 as required by Resolution R-97-230; and LI Temp. Reso. #8244 April 29, 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 Golden Corral of Tamarac 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 Value Dining of Tamarac, Inc., for the Golden Corral of Tamarac 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 Value Dining of Tamarac, Inc., for the Golden Corral of Tamarac Project, located at 7401 West Commercial Boulevard, and collect the contribution charges in the amount of $15,325.00. 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 1 Temp. Reso. #8244 April 29, 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 this of AW4, 1998. 6110E SCHREIBER MAYOR ATTEST: CAROL GO , CMC/AAE CITY CL RK I HEREBY CERTIFY that I have approved this RESOLUTION as to farm 4 M4TCHELL S. KF CITY ATTORN RECORD OF COMMI MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF TR/dav/tk DIST 4: COMM. ROBERTS ION VOTE EXHIBIT 1 le TEMP, RESO. # 8244 COMMONS a W W y W \\\ W y ❑ 67 ST BELLE a n TERRE Y 7 CpI.ONY W \\\ W > a ¢ 66 ST r� u W y jP OF Q TAMARAC a W W y W W v n MAINL NDS 65 ST UNIV, 64 CT y\ SH❑PPES OFCS. 64 ST W W y W o QEGAN PLAT U ¢ L W L W W W IEW D W W\\\\ o �r a a 63 W N ¢ CT GREEN ILLAGE W 63 ST 62 CT WATER THUMB SQUARE > SAINT 62 ST PLANT Z MALACHY � > > Q SITE �jn F n r n cn 7 JOHN ¢ cu a n H©ERN >n w H C3 a U a E Q H 63 CT / 63 STD 62 STw jj a ¢ON / CEDGEW ¢ } TER) 61 �' ST CURT I S ¢ FIELD 61 ST a NATIONS n j/ . // ,/�/ N ANDS SE m co ^ PLAT BANK 60 ST yd ATERSID 60 ST LAND SEC, 10 �� 9z- 59 ST EARTLAND o N OF TAMARAC =T�-> a a 7 MIDWAY PLAZA a� 58 ST v �, N Sg ST a Q BLOCK BUSTER o� 57 PL n ^ BIG LOTS MAI L D SEC 9 ¢ UNITED STATES BOST❑N PLAZA � 57 DR 57 R POST CHICKEN z 57 CT 57 CT OFFICE w � 57 ST U I- F. ¢ Z U 4 ¢ I )- C] J Q Y H p [/7 H o ,t. 7 W l7 Z l7 J 0� In CQ Q ¢ Li N w Q W p ¢ Q pU fY d ...: ;,;'m ¢ W Li [K LD z 2 R .6 F- n J F- W Q P7 ¢ d G] rA NRiI� .. ^ p Y H Q' pq C❑MMERCIAL BLVD (CO RD, 870) SITE LOCATION • 1 LAUDERHILL n J 0 a_, 2 A u w 4. GOLDEN CORRAL OF TAMARAC WATER AND SEWER DEVELOPER'S AGREEMENT 8244.DWG EXHIBIT 2 Temp. Reso.#8244 • • TEA.. A�RAQ UTILIT_ IES WATER AND SEWER QEVEL,OPER'S AGREEMENT FOR: Ide Corra of T arac (Name of Development) GENERAL LOCATION:_7401 West Commercial Boulevard THIS AGREEMENT effective this -;2 7 day of 19'a, 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 Value Dining of T arac Inc., at—Q52LPa-1mm Tracg Landing, #107Davie. Florida 33314 hereinafter called "DEVELOPER". and Value Dinina Qf Tamarac, In at 6501 Paf Trace Landing, #107 Davie Florida 3314 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 980401 Wsdanp.wpd DEVELOPER'S PROPERTY described in Exhibit "A" attached; and WHEREAS, DEVELOPER and OWNER desire to procure water service or sewage disposal service or both from the CITY for the PROPERTY; and WHEREAS, the parties desire to enter into an AGREEMENT setting forth the mutual understandings and undertakings regarding the 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 exe ute this AGREEMENT by motion passed at a regular City Commission meeting on a7p , 199. 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 980401 2 Wsdanp.wpd GUARANTEED REVENUE is equal to the applicable monthly service availability charge for water and sewer service. PART II. DEVELOPER'S OBLIGATIONS A. INSTALLATIONS IN COMPLIANCE WITH SPE IFICA ON 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 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 980401 3 Wsdanp.wpd appointment. A copy of each field report shall be submitted to the Director of Utilities authorized representative. Should there be cause or reason for the DEVELOPER to engage the services of a registered engineer (other than the design engineer) for inspections, then DEVELOPER shall notify the CITY within five (5) days of such engagement. The DEVELOPER'S Engineer of Record shall prepare "As -Built" drawings of all construction. C. PSECONSTRUCTION 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 APPROVALTHE DIRE, TOR 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. ENGINEER5 PRESS T AT TE TS During construction and at the time when periodic inspections are required, the Director of Utilities or his authorized representative shall be present and DEVELOPER'S engineer shall be present to observe and witness tests for determination of conformance to approved plans and specifications. The City Engineering Inspector shall be on site at all times during sanitary sewer installation, and notified before any water lines are installed. Any work performed beyond City of Tamarac Inspector normal working hours must be inspected. The cost of inspection conducted by the CITY Inspectors beyond normal working hours will be paid by the DEVELOPER including overtime at the rate in affect at the time of inspection. F.COMP_ LIANCE WITH PPLICABLAWS 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 980401 4 Wsdanp.wpd 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. G. AS -BUILT „WINGS 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' 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. NT IB N P8YMENTS 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: CON RIB TON WATE Residential # N/A Units X ERC's Per Unit @ $1 2. 05.00 Per ERC Non -Residential # - 5.� ERC's @ $1 .00 Per ERC Total ERC's 5 (WATER) Total Contribution $ 6,025,00 is CONTRIBUTION (SEW_E 980401 5 Wsdanp.wpd Residential # N/�_ Units X ERC's Per Unit @ $1 55f0.0Q Per ERC Non -Residential # __&— ERC's @ $1.550.00 Per ERC Total ERC's 6 (SEWER) Total Contribution $ 9,300.O,Q The DEVELOPER has paid to the CITY the sum of Fifteen Thousand Three Hundred. Twenty Five D„ I ars ,($15 325.00) 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 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 of payment 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 X YES NO. If NO, then GUARANTEED REVENUES commence one (1) year after the effective date of this AGREEMENT. GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to the PROPERTY unless otherwise specified by this AGREEMENT. 3. GUARANTEED REVENUE, if initiated shall no longer accrue for a unit when metered water and sewer service is established at a particular building and the required customer deposits are paid to the CITY. However, if accounts are open in the DEVELOPER'S name and closed without a new account being established, the GUARANTEED REVENUES shall resume. 4. The parties acknowledge the GUARANTEED REVENUE payments made by the DEVELOPER shall be considered as revenue (income). J. MODIFICATION O CIIKS WATER OR SEWEB FACILITIU MAY BE NEQESaARY In addition to all other obligations of this AGREEMENT, DEVELOPER may isbe required by the CITY to make modifications to the CITY's water and sewage systems 980401 6 Wsdanp.wpd because of the development's impact on the systems. The modifications are set forth in Exhibit "E" and they shall be performed by DEVELOPER prior to the issuance of the first Certificate of Occupancy, unless provided in this AGREEMENT. K. DELINQUENT PAYMENTS DEFAULT, NOTICE OF DEFAULT 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.-SANCTIQNS 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. The site plan for the PROPERTY is voidable by Resolution of the City Commission. 3. No final inspections shall be approved by CITY. 4. No Certificate of Occupancy shall be issued by CITY for any unit on the PROPERTY. 5. There shall be an interest penalty equal to the maximum rate allowed by Florida State Law on any payments due to CITY from DEVELOPER which are not paid. The penalty, when applicable, shall accrue from the due date of payment as provided in this AGREEMENT. 6. The CITY shall be entitled to lien the PROPERTY and foreclose the lien in satisfaction of any payments due under this AGREEMENT. 0 7. CITY shall be entitled to any other remedy at law and failure to 980401 7 Wsdanp.wpd • exercise any remedy shall not constitute a waiver of said remedy. M. MISCELLANEOUS ADDITIONAL OBLIGATIONS QF DEVELOPER Prior to acceptance of the work required to be done, DEVELOPER shall, without cost to CITY: 1. Convey to CITY and its successors and assigns, by good and sufficient exclusive easement deed, in a form satisfactory to CITY, a perpetual right, easement and privilege to operate, maintain, repair or replace all water 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. 6. Install cleanout on consumer's sanitary service in accordance with current Utility Standard Detail. 980401 8 Wsdanp.wpd 0 PART III. CITY'S OBLIGATION A. CITY'S MAINTENANCE OF aYSTEM$ 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'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 5 _ERC's of water service and 6 ERC's of sewage treatment plant capacity for DEVELOPER. B. SERV CE C N ITION N LARQE USER AGREEMEN 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. -IMPO,9SIBILIIY TO PR V DE SERVICE In the event that the CITY cannot provide sufficient service as a result of the actions of any regulatory agency, then the CITY's sole obligation shall be to refund DEVELOPER'S contribution charges as described in this AGREEMENT, for those units for which CITY is unable to provide capacity provided that DEVELOPER is not in default of this AGREEMENT. PART IV. MUTUAL COVENANTS It is mutually agreed by and between the parties that the preambles contained at the beginning of this AGREEMENT are true and correct and in addition to them, it is mutually covenanted and agreed, as follows: 0 980401 9 Wsdanp.wpd A. ASSIGNMENT OF THIS AGREEMENT In addition to binding DEVELOPER, the provisions of this AGREEMENT shall run with the land and be binding upon and inure to the benefits of successors in title to the PROJECT after this AGREEMENT has been recorded in the Public Records of Broward County, Florida. However, any other assignment or transfer of DEVELOPER's rights and obligations is prohibited unless: 1. Assignment shall be done in writing in the same formality as this AGREEMENT. 2. CITY shall be a party of said assignment and shall not withhold approval of assignment unreasonably. 3. DEVELOPER shall remain primarily liable to CITY for the terms and conditions of this AGREEMENT unless assignment is made in compliance with this section. CITY agrees to execute a "satisfaction by assignment" for DEVELOPER if this AGREEMENT is properly assigned. DEVELOPER agrees to make full disclosure to any party purchasing all or any part of the PROPERTY encompassed by this AGREEMENT as to all the terms hereof, - and with particular reference to the GUARANTEED REVENUES set forth in Section I of Part II herein. B. REPEAL QF-PRIOR A MENT 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 collection service to consumers within the PROPERTY covered by this AGREEMENT. B. WELLS PROHIBITED EXCEPT FOR IRRIGATION 980401 10 Wsdanp.wpd 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. PRQMULQATION OF REASONABLE RULES O-3ERVICES 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 FQR DEVELQPER'S OR CONSUMER'S PROPERTY CITY shall not be liable or responsible for maintenance or operation of any pipes, pipelines, valves, fixtures or equipment on any of the properties of the customers, consumers or users on DEVELOPER's PROPERTY other than the water main and water service lines (from the water main to the water meter) and the sewage collection system 40 within granted easements to CITY pursuant to this AGREEMENT. E. SYSTEM OU CONSUMER'S PROPERTY TO BE KEPT IN GOQQ WORKING CONDITION 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. EFFEC IVE DATE Unless otherwise specified in this AGREEMENT, this AGREEMENT shall not be binding until fully executed, but once executed, it shall have a retroactive effect commencing from the date of the City Commission meeting at which it was approved. G. OVER -SIZE METERS ON SINGLEFAMILY HOMES is 980401 11 Wsdanp.wpd 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. DISCLAIMER Any temporary cessations or interruptions of the furnishings of water and sewer service to the PROPERTY described herein at any time caused by an Act of God, fires, strikes, casualties, accidents, power 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. aEVERABILITY 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 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. 980401 12 Wsdanp.wpd • • is L. IiQLD HARMLESS PROVISION It is mutually agreed that the CITY shall be held harmless from any and all liability for damages if CITY's obligations under this AGREEMENT cannot be fulfilled as a result of any ruling or order by any other governmental or regulatory agency having jurisdiction over the subject matter hereof; and in such event, this AGREEMENT shall be null and void and unenforceable by either party regarding that portion of the DEVELOPER's PROPERTY for which CITY cannot perform its obligation. M. CONTROL_OF_CROSS .CONNECTIONS AND BACK -FLOW 1. The purpose of this Section is to protect the public water main against actual or potential cross -connections and back -flow by isolating within the premises or Private Property contamination or pollution that has occurred or may occur because of some undiscovered or unauthorized cross -connection on the premises or Private Property. 980401 2. POLICY a. No water service connection shall be installed or maintained by the CITY unless the public water main is protected by an Approved back- flow prevention assembly as required by Florida Administrative Code 17-22, applicable DEP regulations, and this Section. b. Any back -flow prevention assembly required herein shall be of a model, type and size approved by the Director of Utilities for the City 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 13 Wsdanp.wpd 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. WELLFIELD PROTEQTION DEVELOPER acknowledges that property described in Exhibit "A" Cis / 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.-HAZARDQ-US MATERIALS DEVELOPER acknowledges that Broward County and the City of Tamarac have ordinances that prohibit discharge of hazardous materials into the sanitary sewer system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85-52). DEVELOPER agrees not to discharge hazardous materials into the sanitary sewer system as defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85-52 or as they may be amended. 980401 14 Wsdanp.wpd • 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 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: FQR CITY OF TAMARA • FOR THE DEVELOPER: City Manager Value Dining of Tamarac, Inc., 7525 Northwest 88th Avenue 6501 Palm Trace Landing, #107 Tamarac, Florida 33321 Davie, Florida 33314 Notice so addressed and sent by prepaid certified mail with return receipt p requested, shall be deemed given when it shall have been so deposited in the United States mail. 980401 15 Wsdanp.wpd • • A. EX IBIT 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 Not Included X 980401 16 Wsdanp.wpd �J • 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: ATTES . c �sn By: Ro Noe, Jr., Cit Manager ATTEST: By: Carol Gold, CMQWE City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Gt y Joe S' hreiber Mayor Date: 7 8 Ew RUL6WA Noe, Jr., City Manager Date: 02 7 g Approy6d is, to In, hell S. Kraft, Attorney COUNTY OF/3teL4,e1): HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afores id id in the County, oresaid to take acknowledgments, personally appeared -5 to me kno to be the person(s) described in and who executed the f regoing Instrum n# and acknowledged before me and under oath that executed the same. SS WITNESS my hand and official seal this 1999 .aRy )j, OPPICi AL NO`rA*y SEAL 0 ' PHYLLIS POLIKO" 881111MI6s10N NUMBER � A $ 00390392 Im1Y e 6NUMON EXP. Or F104 19l8 Personally known to me, or ( ) Produced identification 27 day of Q , NOTARY PUBLIC, ate of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or tp DID NOT take an oath. 980401 17 Wsdanp.wpd • n ESS WHEREOF, Developer has hereunto set his hand and seal on the day and above writtecL Type Name -Manny FWundes Assistant Corporate Secretary • (Corporate Seal) STATE OF FLORIDA SS COUNTY OF BROWARD DEVELOP Value Dining of Tamarac, Inc. By: Ty Name Steve Markley President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Steve Markle who executed the foregoing instrument and oath that he executed the same. me known to be the person(s) described in and he acknowledged before me and under WITNESS my hand and official seal this day of 199 RY PUBLIC, State of Florida si�N Michael Christiansen A,,, arge **My Commission CC717539 %'-nw�a� Expires February 18. 2002 (Name of Notary Public: Print, Stamp, or Type as Commissioned) (�) Personally know to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (X) DID NOT take an oath. 961011 W. Wsdanp.wpd AFFIDAVIT SHALL BE COMPLETED WHEN MORTGA E-SIGNATURE NOT APPLICABLE I Steve Digirklay do hereby affirm that I am the President of ValUe pining of lamarac Inc. and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for Golden Corral project and that I am the owner of the property covered by said DEVELOPER'S AGREEMENT. There are no mortgages held on the property which is the subject of said DEVELOPER'S AGREEMENT. FU HER AFFIANT SAYETH NOT. ignature) ^^ ,A, This ZZday of �" god 199$ . STATE OF FLORIDA : SS COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared sieve Markley to me known to be the person(s) described in and who executed=executed oing instrument and he acknowledged before me and under oath that the same. WITNESS my hand and official seal this 7-7-day of IA - Michael Christiansen OTreA Y PUBLIC, State of Florida at La kW* My Commission CC717539 g Expires February 18.2002 (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( X) Personal) _know tome, or ( ) Produced Personally-know 14 Tybe of I.D. Produced ) DID take an oath, or ( X) DID NOT take an oath. 0 961011 liR1 Wsdanp.wpd C7 Assistant r� • qNNS WHEREOF, Owner has hereunto set his hand and seal on the day and year written. Off/ R Value Dining of Tamarac, Inc. By. Type Name armq esSteve Markley Type Name Corporate Secretary President (Corporate Seal) STATE OF FLORIDA SS COUNTY OF BRQWARD 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 Steve Markley to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this Z L day of aor. TARY PUBLIC' State of Florida t`Na Michael Christiansen Large **My commission CC717539 t u, Expires February 18, 2002 (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( x) Personally know to me, or ( ) Produce i entification N Type of I.D. Produced ( ) DID take an oath, or (x) DID NOT take an oath. 961011 20 Wsdanp.wpd EXHIBIT A • LEGAL DESCRIPTION: A portion of Parcel "A" of "BLATT COMMERCIAL PLAT", according to the plat thereof as recorded in Plat Book 133 at Page 45 of the Public Records of Broward County, Florida, being more particularly described as follows: BEGIN at the northwest corner of said Parcel "A"; thence N89-32'45"E along the north line of said Parcel "A" for 300.18 feet; thence S00'27'151 for 280.96 feet to the south line of said Parcel "A"; the following three (3) courses being along the south line of said Parcel "A"; (1) thence S89'32'45"W for 62.98 feet; (2) thence SOO'27' 15"E for 12.00 feet; (3) thence S89' 32'45"W for 232.07 feet to the southwest corner of said Parcel "A"; thence N01'27'28"W along the west line of said Parcel "A" for 293.00 feet to the POINT OF BEGINNING. r� u ml yb U Fall � N / ( I W � y n n �VMyy"' n r {4 w Ld (sirjvd oinv iNnoosia) LC 30Vd iV 'F N008 IV-ld �13d � I 4 Ao SVg8v-njl 3lb'o�130nv� 1�103 11 � 4, �vi7rn rm rr N . W. Li E D", tilia{ix y6 57th STREET E C� EXHIBIT D TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT Golden Cgrral METER SCHEDULE FOR RESIDENTIAL USE OF ERC'S WATER SEWER TOTAL NO. OF METER LOT # # OFF UNITS WAS _5_QNER CIAO FEES# CIAC FEES QAC FEE, S METERS SIZE Restaurant 1 5 5 $6,025 $7,750 $13,775.00 1 1-1/2" Dumpster 1 - 1 $0 $1,550 $ 1,550 _ _ TOTALS 2 5 6 $6, 025 $9, 300 $15, 325 1 1-1 /2" 1 DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = 1 ERC'S (SEWER) TOTAL ERC'S _ 5 _(Water) 6 (Sewer) THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: N/A AT 4" DIAMETER NLA AT 6" DIAMETER /A AT 8" DIAMETER N/A —AT- DIAMETER SERVED BY WASTEWATER PUMP STATION NO. 3 6 ERC'S T 1.9 SITE ACRES = 3.16 ERC'S /SITE ACRE I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE. 980401 21 -2 -g 3g� SEALO P.E. # J A - L .'� TYPE NAME Wsdanp.wpd