HomeMy WebLinkAboutCity of Tamarac Resolution R-98-052Temp. Reso.#8058 November 5, 1997 1
CITY OF TAMARAC
RESOLUTION NO. R-98 5,2-
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 COLONY WEST ASSOCIATES, LTD.
FOR THE WALGREENS PROJECT LOCATED ON THE
SOUTHEAST CORNER OF MCNAB ROAD AND PINE
ISLAND ROAD FOR ONE WATER AND SEWER BUILDING
CONNECTION AND ONE IRRIGATION CONNECTION
REQUIRING 7.5 ERC'S FOR WATER AND 2.5 ERC'S FOR
SEWER; REQUIRING THE PAYMENT OF $12,912.50 IN
CIAC FEES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the developer, Colony West Associates, Ltd., is constructing a
commercial facility for the Walgreens Project located on the southeast corner of McNab
Road and Pine Island Road (attached hereto in map form as "Exhibit 1 ") in accordance
with the Site Plan as approved by the City Commission on January 14, 1998; and
WHEREAS, the developer has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the Walgreens 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 7.5 ERC's for water and 2.5 ERC's for sewer for a combined CIAC fee of $12,912.50
as required by Resolution R-97-230; and
Temp. Reso.#8058 November 5, 1997 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 Walgreens 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 Colony West Associates, Ltd. for the
Walgreens 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 Colony West Associates, Ltd. for the Walgreens Project located on the
southeast corner of McNab Road and Pine Island Road and collect the contribution
charges in the amount of $12,912.50.
SECTION 3: That the Assistant City Clerk is hereby authorized and
directed to record said Agreement in the Public Records of Broward County,
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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Temp. Reso.#8058 November 5, 1997 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 -.6 of ,
1998. `
JOE SCHREIBER
MAYOR =
ATTEST:
PATRICIA MARCURIO, CMC
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
CITY ATTORNEY
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RECORD OF COMMISSIO VOTE
MAYOR
SCHREIBER
DIST 1:
COMM. MCKAYE
DIST 2:
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DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
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EXHIBIT 2
Temp. Reso.#8058
TAMARAC UTILITIES
WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Wal reens
(Name of Development)
GENERAL LOCATION: Southeast Corner of McNab and
Pine Island Road
THIS AGREEMENT effective this day of� ,
19q'� , 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
Colony West Associates Ltd.
at 120 S. University Drive, Plantation Florida 33324
hereinafter called "DEVELOPER".
and
Colony West Associates Ltd.
at 120 S. University Drive, Plantation Florida 33324
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
961011 950601
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specifically to 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 xef�jjute this AGREEMENT by motion passed at a
regular City Commission meeting on �- l t,ka c .2 , 19 `f 5'.
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? _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.
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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.
PART II. DEVELOPER'S OBLIGATIONS
A. INSTALLATIONS IN COMPLIANCE WITH SPECIFICATION
1. DEVELOPER, at his expense and at no expense to the CITY, shall
design, construct and install all necessary water distribution and sewage collection
lines, over, through, under, across and past the PROPERTY in accordance with plans,
specifications and engineering data as submitted by a Florida registered engineer to be
approved by the appropriate governmental regulatory agencies and by the Director of
Utilities, or his authorized representative; and said water distribution and sewage
collection lines shall be installed and connected to CITY's existing water distribution and
sewage collection lines, all of which work shall be paid for by the DEVELOPER.
2. , All installations shall be installed at DEVELOPER'S expense and
shall include, without limitation, all gravity flow mains, force mains, pump stations and
lift stations required for the furnishing of service to the PROPERTY. At the time of
submission of the plans, specifications and engineering data by DEVELOPER to the
Director of Utilities, IF THIS AGREEMENT IS FOR (10) OR MORE ERC'S,
• DEVELOPER shall pay to CITY a Plan Review Fee of $750.00 (to be paid one time
only). Said Plan Review Fee is to compensate CITY for CITY's expense in having said
plans, specifications and engineering data reviewed by the Utilities Director or his
authorized representative.
3. Meter shall be INSTALLED BY CITY. No meter shall be removed,
moved, bypassed, or altered in any way except by the City. Violation of this paragraph
may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in
default, or both. The imposition of a penalty shall be at the sole discretion of the City
Manager or his designee.
4. Non -metered use of City water or use of water from fire hydrants
may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in
default, or both. The imposition of a penalty shall be at the sole discretion of the City
Manager or his designee.
B. INSPECTION AND SUPERVISION BY DEVELOPER'S 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
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construction is at all times in compliance with accepted sanitary engineering practices
and in compliance with the approved plans and specifications. DEVELOPER shall notify
CITY in writing of such appointment. A copy of each field report shall be submitted to
the Director of Utilities authorized representative. Should there be cause or reason for
the DEVELOPER to engage the services of a registered engineer (other than the
design engineer) for inspections, then DEVELOPER shall notify the CITY within five (5)
days of such engagement.
The DEVELOPER'S Engineer of Record shall prepare "As -Built" drawings
of all construction.
C. PRECONSTRUCTION MEETING
DEVELOPER and his Contractor shall arrange for and hold a
preconstruction meeting with the Director of Utilities or his authorized representative.
Notification of said meeting shall be made in writing and received by all parties seventy-
two hours in advance of said meeting. The meeting shall be held at least twenty-four
(24) hours prior to start of each phase of construction. An Engineering Permit, payment
of engineering fees and bonding based on a Certified Cost Estimate, prepared by
DEVELOPER'S registered engineer, shall be required prior to any construction.
D. WRITTEN APPROVAL OF THE DIRECTOR OF UTILITIES
The work to be performed by DEVELOPER, as provided in this
AGREEMENT shall not commence until all plans and specifications covering the work
to be performed are approved in writing by the Director of Utilities or his authorized
representative. Approved plans and permits must be on site at all times.
E. ENGINEERS PRESENT 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. COMPLIANCE WITH APPLICABLE LAWS
The work to be performed by DEVELOPER, pursuant to the provisions set
forth herein, shall be in accordance with all requirements of the regulatory agencies
which have jurisdiction over the subject matter of this AGREEMENT as well as all
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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.
G. AS -BUILT DRAWINGS
DEVELOPER shall, at his own expense and at no expense to the CITY,
furnish to the CITY one complete set of Cad compatible files on disk, 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. CONTRIBUTION PAYMENTS FROM DEVELOPER
The contribution charges (both water and sewer) shall be calculated
according to rates set by Resolution of the City Commission.
The contribution 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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CONTRIBUTION WATER
Residential # Units X ERC's Per Unit @ $1 2205_00 Per ERC
Non -Residential # 7.5 ERC's @ $1,205.00 Per ERC
Total ERC's 7.5 (WATER) Total Contribution $ 9, 037.50
CONTRIBUTION SEWER
Residential # Units X ERC's Per Unit @ $1,550.00 Per ERC
Non -Residential # 2.5 ERC's @ $1,550.00 Per ERC
Total ERC's 2.5 (SEWER) Total Contribution $ 3, 875.00
The DEVELOPER has paid to the CITY the sum of 'twelve Thousand
Nine Hundred Twelve Dollars & 50 centdollars ($12, 912.50
for contribution charges. Unless City Commission, at the time of adoption of this
AGREEMENT by Resolution, approves alternative payment procedures, all Contribution
cal axg a�c_been paid, a! �d by the signature of the Finance Director:
Stanley Hawthorne, Finance Director
I. GUARANTEED REVENUES
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 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.
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4. The parties acknowledge the GUARANTEED REVENUE payments
made by the DEVELOPER shall be considered as revenue (income).
J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE
NECESSARY
In addition to all other obligations of this AGREEMENT, DEVELOPER
may be required by the CITY to make modifications to the CITY's water and sewage
systems because of the development's impact on the systems. The modifications are
set forth in Exhibit "E" and they shall be performed by DEVELOPER prior to the
issuance of the first Certificate of Occupancy, unless provided in this AGREEMENT.
K. DELINQUENT PAYMENTS DEFAULT NOTICE OF DEFAULT
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.
City Commission.
3
4.
the PROPERTY.
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The site plan for the PROPERTY is voidable by Resolution of the
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 penalty equal to the maximum rate
allowed by Florida State Law on any payments due to CITY from DEVELOPER which
are not paid. The penalty, when applicable, shall accrue from the due date of payment
as provided in this AGREEMENT.
6. The CITY shall be entitled to lien the PROPERTY and foreclose the
lien in satisfaction of any payments due under this AGREEMENT.
7. CITY shall be entitled to any other remedy at law and failure to
exercise any remedy shall not constitute a waiver of said remedy.
M. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF DEVELOPER
Prior to acceptance of the work required to be done, DEVELOPER shall,
without cost to CITY:
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.
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4. Furnish CITY with a satisfactory surety bond or letter of credit in the
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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 TV inspection and air test of the sanitary sewer
collection system performed one (1) month before 1- year warranty period expires.
6. Install cleanout on consumer's sanitary service in accordance with
current Utility Standard Detail.
PART III. CITY'S OBLIGATION
A. CITY'S MAINTENANCE OF SYSTEMS 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 Z, 5_ERC's of water service and 7.5 ERC's of sewage treatment plant
capacity for DEVELOPER.
B. SERVICE CONDITIONS ON LARGE USER AGREEMENT
The CITY has entered into a "Large User Agreement" with Broward
County, (the "COUNTY"), in which the COUNTY has agreed to make future sewage
treatment capacity available at its regional wastewater treatment plant. In the event
CITY cannot provide sufficient capacity, as a result of COUNTY's action, the CITY's
sole obligation shall be to refund DEVELOPER'S contribution charges as described in
this AGREEMENT, for those units for which CITY is unable to provide capacity provided
that DEVELOPER is not in default of this AGREEMENT.
C. IMPOSSIBILITY TO PROVIDE SERVICE
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In the event that the CITY cannot provide sufficient service as a result of
the actions of any regulatory agency, then the CITY's sole obligation shall be to refund
DEVELOPER'S contribution charges as described in this AGREEMENT, for those units
for which CITY is unable to provide capacity provided that DEVELOPER is not in
default of this AGREEMENT.
PART IV. MUTUAL COVENANTS
It is mutually agreed by and between the parties that the preambles contained at
the beginning of this AGREEMENT are true and correct and in addition to them, it is
mutually covenanted and agreed, as follows:
A. ASSIGNMENT OF THIS AGREEMENT
In addition to binding DEVELOPER, the provisions of this AGREEMENT
shall run with the land and be binding upon and inure to the benefits of successors in
title to the PROJECT after this AGREEMENT has been recorded in the Public Records
of Broward County, Florida. However, any other assignment or transfer of
DEVELOPER's rights and obligations is prohibited unless:
1 Assignment shall be done in writing in the same formality as this
AGREEMENT.
2. CITY shall be a party of said assignment and shall not withhold
approval of assignment unreasonably.
3. DEVELOPER shall remain primarily liable to CITY for the terms
and conditions of this AGREEMENT unless assignment is made in compliance with this
section. CITY agrees to execute a "satisfaction by assignment" for DEVELOPER if this
AGREEMENT is properly assigned.
DEVELOPER agrees to make full disclosure to any party purchasing all or
any part of the PROPERTY encompassed by this AGREEMENT as to all the terms
hereof, and with particular reference to the GUARANTEED REVENUES set forth in
Section I of Part II herein.
B. REPEAL OF PRIOR AGREEMENTS
All prior Developer Agreements or Agreements pertaining to the supply of
water and sewer affecting the PROPERTY are hereby canceled and declared of no
961011 10 Wsdanp.wpd
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
DEVELOPER, his successors and assigns, and the owners and
occupants of buildings on DEVELOPER's PROPERTY shall not install or maintain any
water wells except for irrigation purposes.
C. PROMULGATION OF REASONABLE RULES OF SERVICES
CITY shall have the right to promulgate from time to time reasonable rules
and regulations relating to the furnishing of water service 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 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
iscustomers, consumers or users on DEVELOPER's PROPERTY other than the water
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main and water service lines (from the water main to the water meter) and the sewage
. collection system within granted easements to CITY pursuant to this AGREEMENT.
E. SYSTEM ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD
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. EFFECTIVE DATE
Unless otherwise specified in this AGREEMENT, this AGREEMENT shall
not be binding until fully executed, but once executed, it shall have a retroactive effect
commencing from the date of the City Commission meeting at which it was approved.
G. OVER -SIZE METERS ON SINGLE FAMILY HOMES
It is assumed that a single family home on the PROPERTY will be
serviced by a 5/8-inch water meter. If a larger water meter is needed, then the owner
(whether DEVELOPER, Assignee or Homeowner) will be charged additional
contribution charges which 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 cessation's 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
961011 12 Wsdanp.wpd
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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. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this
AGREEMENT is for any reason held invalid or unconstitutional by any court of
competent jurisdiction such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions hereof.
K. RECORDING OF AGREEMENT
This AGREEMENT shall be recorded by the CITY among the Public
Records of Broward County, Florida, for the particular purpose of placing all owners or
occupants of properties in DEVELOPER's PROPERTY connected to or to be
connected to said water 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 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
961011
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,
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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 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
961011 14 Wsdanp.wpd
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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 PROTECTION
DEVELOPER acknowledges that property described in Exhibit "A" */ is
not within a Broward County Protected Well Field zone of influence per Broward
County Ordinance 84-60 or within an existing or proposed well field zone of influence
as determined by 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 HAZARDOUS 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.
Q. 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 id
fixed in Broward County, Florida.
961011
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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 CITY OF TAMARAC: FOR THE DEVELOPER:
City Manager Colony West Associates Ltd.
7525 Northwest 88th Avenue 120 S. Univeresity Drive Suite B
Tamarac, Florida 33321 Plantation, Florida 33324
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
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PART VII. ADDITIONAL PROVISIONS
A. EXHIBITS
The following exhibits are attached, as part of this Agreement and are
incorporated into this Agreement:
961011
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 xx
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 Xx
17 Wsdanp.wpd
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
Signed, sealed and
delivered in the presence of:
ATTE :1
obert S. Noe, Jr.,
C ty Manager
ATTEST:
Bw.-Qt���
Patricia Marcurio, CIVIC
Asst. City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANT E
By: ,
Joe FrWreiber
Mayor
Date:
�-b S. Noe, Jr.,
City Manager
Date:_ SL-i-�&L4' 2
Appov0d, as to
itcheU,S. Kraft-,---,"
COUNTY OF A� dSS City Attorney
�'
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
at 5c /�t of i ho � Q RobcAT s, .yoc, ,7x , to me known to be the person(s)
described in and who executed the foregoing instrument and T/ f
acknowledged before me and under oath that 7-#C Y _ executed the same.
WITNESS my hand and official seal this .S day of tutu ,
199q /�.............. � , Z
NOTARY PUBLIC, t to of Florida
N) Personally known to me, or
( ) Produced identification
at Large l
L11 V /Z / `� / /� e Zi/l/�' �.
(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
IiR]
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IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day
and year first above written. . k /
Witr
Type
Witness
Type Name Lilliam Marcus
STATE OF FLORIDA
COUNTY OF G w A - SS
(DEVELO ER) CtI�D ✓1 Y G!I �� T �SOr-, S 1p
>pwlt-�'
Type Name/Title Marvin_ Feinstein
General 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 M `RVI N 1- n S+?':th to me known to
be the persons(s) described in and who executed the foregoing instrument and
acknowledged before me that _ executed the same.
199C�.
WITNESS my hand and official seal this day of CLV1 c&-v
OFFICIAL N.�TArz. 5FAL
NORIi.A BPIrAN
NOTARY PUBLIC 5'rA--- 0v -FLORIDA
MYCC'✓�I��i';]�r yn
�' ''i%4.fy?J
( ) Personally known to me, or
( �) Produced identification
NOTARY PUB IC, State of
Florida at Large
(Signature of Notary Public:
Print, St mp, or Typ s Commissioned)
p Y-M a` )941,e0,4/
DV 1 V t!O V'S �, t .e h Se�,-
Type of I.D. Produced
( ) DID take an oath, or 0 ) DID NOT take an oath.
41.1111K
19
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AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I do hereby affirm that I am the ����"`� q 1of
1 DV•ori Wei r �-7 q , and that I have executed a
Water and 8ewer Developer's Agreement with the City of Tamarac for l,\)_i! \ 1-\ 5
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.
FUR HE AFFIANT SAYETH NOT.
(Signature)
This (0, day of ,J aiXkkCZ , 1997
STATE OF FLORIDA
SS
COUNTY OF ��b
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 Marvin to me known to be the
person(s) described in and who executed the foregoing instrument and h-.--
acknowledged before me and under oath that -c executed the same.
WITNESS my hand and official seal this (-day of jccvq,
CHERYL L SIMMOM
commmsioN f CC41 J=
aFR ,,XA W SONO aoa. r+c.
C&�& X - i 4LQ�
NOTARV PUBLIC, State of Florida
at Large
(211 � y ( l...S
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( Personally know to me, or
( ) Produced identification
Type of I.D. Produced
( 6�DID take an oath, or ( ) DID NOT take an oath.
961011
20
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IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
vear first above written.
Iab�a61), V Co
Witness-
Type NZme Debra A. Vince .W
Witness
Type Name Lillian Marcus
STATE OF FLORIDA
SS
COUNTY OF
co L, p 1I �( W eS j A� SO c' cL4e-s k--T-0.
(OWNER) J
Type Name/Title Marvin Ec-jnczt-i=.jn
General 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 ftxev � to me known to
be the persons(s) described in and who executed the foregoing instrument and 1} 1r,
acknowledged before me that t4 c— executed the same.
199
WITNESS my hand and official seal this day of ,
� .
I' i' IY 5'S' ,
T//yy.... 1RY
MY ('CJi '1'[iSSI-ON EXIT. iI r,,T 24,1999
( ) Personally known to me, or
Produced identification
NOTARY PUBLIC, State of
Florida at Large
(Signature of N(:tary Public:
Print, Stamp, or Type as Commissioned)
vtVe'v'S �-ice_1nsjn
Type of I.D. Produced
( ) DID take an oath, or ( 'I DID NOT take an oath.
0 961011
21
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LAND DESCRIPTION:
A portion of Parcel "R", WOODLAND LAKES, according to the plat thereof; as
recorded in Plat Book 71, Page 18, of the Public Records of Broward County,
Florida, described as follows:
COMMENCING at the Southwest corner of said Parcel "R
THENCE South 89' 01' 50" East along the South line of said Parcel "R" and a
South line of that Right -of -Way for Northwest 88th Avenue (Pine Island Road)
and McNab Road described in Official Record Book 10155, Page 107 of the
Public Records of Broword County, Florida, a distance of 7.21 feet:
THENCE North 04115' 44" East along the East line of said Right -of -Way, a
distance of 157.62 feet:
THENCE North 00' 01' 37" West along said East line, a distance of 40.00 feet
to the POINT OF BEGINNING:
THENCE continue North 00° 01' 37" West along said East line, a distance of
260.00 feet;
THENCE North 450 28' 17" East along said East line, a distance of 32.40 feet;
THENCE South 89' 01' 50" East, a distance of 292.24 feet to a point on the arc
of a non -tangent curve concave to the Southeast having a radial bearing of
North 64° 25' 27" West;
THENCE Northeasterlyy, along the arc of said curve having a radius of 22.00
feet, a delta of 55° 18' 47", and on arc distance of 21.24 feet to a South
line of said Right -of -Way:
THENCE South 890 01' 50" East along said South line, a distance of 3.89 feet;
THENCE North 890 32' 14" East along said South line, a distance of 5.43 feet;
THENCE South 00° 01' 37" East, a distance of 309.98 feet;
THENCE South 89° 58' 23" West, a distance of 220.00 feet;
THENCE North 61' 45' 28" West, a distance of 42.58 feet;
THENCE South 89° 58' 23" West, a distance of 83.50 feet to the POINT OF
BEGINNING.
Lying in the City of Tamarac, Broward County, Florida.
Containing 100,331 square feet, 2.30 acres more or less.
•
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_ MC NAB ROAD NORTH LINE SECTION 9/49/41 SCALE: f' 80'
N09'Ot'50'N ��
O I N. W. CORNER
SECTION 9/49/41
NORTH LINE PARCEL 'R' S89'01'50'E N89'322'14'E
389' 5.,r
I e�� S89'0115(ME 292,24'
I �'h R-22.00' ipb+si
A-55' 18' 47' �k fr
A-21, 24'
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LEGEND
A ARC LENGTH
I o t CENTERLINE
Z. A DELTA, CENTRAL ANGLE
P. 0, U. POINT OF BEGINNING
x TPARCEL 'A' P. 0. C, RADIUS INT COMNGICLMENT
r U.E. UTILITY EASENEHI
y S/NO SET NAIL C DISK ',-a 3110'
I. • SET 5/0' IRON HOU 6 CAP
$ ( 2 0.R.0. OFFICIAL RECORD ROOK
PG. PAGE
J ( SOUTH LINE PARCEL 'R'
w I s07 21'50'E PARCEL ' L" PARCEL " G"
FI
P•0•C• NOTES
S.NCORNER 1, REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE
PAkEL 'R' AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
I
MAPPER,
2. THIS PARCEL HAS NOT BEEN ABSTRACTED FOR RIGIIIS•OF-WAY, EASEMENTS,
OR OTHER HEMMED OR UNRECORDLO INSTRUMENTS.
J. BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH LINE OF SECTION 9,
TOWNSHIP 49 SOUTH. RANGE 41 EAST, BROWARO COUNTY, FLORIDA. HAVING
A OFOF
SKETCH OF DESCRIPTION WOOOLANONLAKES. NASTRECORDED IN, PLATSBOOKA57f. PAGWN ON 100. OFATTHE
THIS IS NOT A SURVEY PUBLIC RECORDS OF OROWARD COUNTY, FLORIDA.
SURVEYOR'S CERTIFICATE
CERT I F _D FORF FOT FIRM, BY:
--- -RD - - - - - - - - - - - -
RICHAH. SMITH
PROFESSIONAL SURVEYOR AND MAPPER SKETCH/DESC JPW 7/7/97 1 N/A I RHS
FLORIDA REGISTRATION NO. 5239 REVISION DWN I DA TE FB/PG I CKD
CRAIG A. SMITH E ASS OC/A TES
CONSULTING ENGINEERS -PLANNERS -SURVEYORS W A L G R E E N S
f 000 WEST MC NAB ROAD Mc NA B AND PINE ISLAND
POMPANO BEACH, FLORIDA, 33069
(954)782-6222 PROJECT NO, 97-0403
CERTIFICATE NO: LB3flO CAD LIBRARY:0403BND SHEET 2 0f 2
EXHIBIT "C"
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EXHIBIT D
i6MARAC WATER AND SEWER,AGREEMENT
DEVELOPMENT al reen
METER SCHEDI. LEfOR RESIDENTIAL USE
OF ERC'S WATER SEWER TOTAL NO. OF METER
LQT # # OF UNITS WATER T _ SE ER CIAC FEE # CIAC EEES CIAC FEES METERS _2M
Domestic
1 1 2.5 2.5 $3,012.50 $3,875.00 $6,887.50 1 1"
Irrigation
1 1 5.0 0 $6,025.00 $0.00
$6,025.00 1 1}"
TOTALS 7.5 2.5 $9,037.50 $3,875.00 $12,912.50 2 (1" and 11")
961011 Wsdanp.wpd
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N/A DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH- ERC'S (SEWER)
TOTAL ERC'S 7.5 (Water) 2.5 (Sewer)
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER
1 AT 6" DIAMETER
AT 8" DIAMETER
AT — DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. 18
2 , 5 ERC'S y 2.30 SITE ACRES = 1. as 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.
961011
SEAL 1411jp q� P.E. # 42757
William P. Snow
TYPE NAME
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