HomeMy WebLinkAboutCity of Tamarac Resolution R-98-066Temp. Reso.#8127 January 28, 1998 1
Revision #1, February 26, 1998
Revision #2, March 2, 1998
Revision #3, March 5, 1998
Revision #4. March 11, 1998
CITY OF TAMARAC
RESOLUTION NO. R-98 -(e6
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 BRISTOL PARK
OF TAMARAC, LIMITED FOR THE BRISTOL PARK OF
TAMARAC ASSISTED LIVING FACILITY PROJECT LOCATED
ON THE SOUTHWEST CORNER OF MCNAB ROAD AND NW
70TH AVENUE FOR ONE WATER AND SEWER BUILDING
CONNECTION AND ONE DUMPSTER CONNECTION
REQUIRING 31 ERC'S FOR WATER AND 32 ERC'S FOR
SEWER; REQUIRING THE PAYMENT OF $ 86,955 IN CIAC
FEES; AUTHORIZING A RATE OF INTEREST FOR PAST DUE
GUARANTEED REVENUES; PROVIDING FOR RECORDING
OF AGREEMENT IN THE PUBLIC RECORDS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the developer, Bristol Park of Tamarac, Limited, is constructing an
Assisted Living Facility for the Bristol Park Assisted Living Facility Project located on the
southwest corner of McNab Road and NW 701h Avenue (attached hereto in map form as
"Exhibit 1 ") in accordance with the Site Plan as approved by the City Commission on
February 11, 1998; and
WHEREAS, the developer has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the Bristol Park of Tamarac Assisted Living Facility
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 31 ERC's for water and 32 ERC's for sewer for a combined CIAC fee of $86,955 as
required by Resolution R-97-230; and
Temp. Reso.#8127 January 28, 1998 2
Revision #1, February 26, 1998
Revision #2, March 2, 1998
Revision #3, March 5, 1998
Revision #4. March 11, 1998
WHEREAS, the Water and Sewer Developer's Agreement requires guaranteed
revenues, and Section 22-190 (5) of the City Code requires the City Commission to set
by resolution a rate of interest for unpaid guaranteed revenues; and
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 Bristol Park of Tamarac Assisted Living Facility 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 Bristol Park of Tamarac, Limited for the
Bristol Park of Tamarac Assisted Living Facility 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 Bristol Park of Tamarac, Limited for the Bristol Park of Tamarac Assisted
Living Facility Project located on the southwest corner of McNab Road and NW 701h
Avenue and collect the contribution charges in the amount of $86,955 in a manner
consistent with Part 11 H of said Water and Sewer Developer's Agreement.
SECTION 3: That the City Commission hereby authorizes an interest rate
of ten percent (10%) per annum (0.0274% per day) on all overdue guaranteed revenue
required by the Water and Sewer Developer's Agreement, as required by Section 22-
1 109(5) of the Tamarac City Code.
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Temp. Reso.#8127 January 28, 1998 3
Revision #1, February 26, 1998
Revision #2, March 2, 1998
Revision #3, March 5, 1998
Revision #4. March 11, 1998
SECTION 4: That the Assistant City Clerk is hereby authorized and
directed to record said Agreement in the Public Records of Broward County.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 11 of gtx'k 1 1998,
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PATRICIA MARCURIO, CMC
ASSISTANT CITY CLERK
to
REBY CERTIFY that I have
oved this RE-SOWTION as
MITCHELL S. KF
CITY ATTORN
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JOE SCHREIBER
MAYOR
RECORD or COMMIS810N
MAYOR /I
DIST 1:
COMM. McKAYE
DIST 2:
V/M MISHKIN
DIST 3.
COMM. SULTANOF
DIST 4:
COMM. ROBERTS.
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BRIS T OL.DW(
BRISTOL PARK OF TAMARAC ASSISTED LIVING FACILITY
WATER AND SEWER DEVELOPER'S AGREEMENT
PYRTRTT ?
Temp. Reso.#8127
TAMARAC UTILITIES
WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Bristol Park of Tamarac Assisted Living Facility
(Name of Development)
GENERAL LOCATION: Southwest -corner of McNab Road
And NW 701h Avenue i
THIS AGREEMENT effective this -11 1 day of March
19 98 , made and entered inta 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
Bristol Park of Tamarac, Limited
at 1601 Forum Place, Suite 805, West Palm Beach, FI 33401
0 hereinafter called "DEVELOPER".
and
Bristol Park of Tamarac, Limited
at 1601 Forum Place, Suite 805, West Palm Beach, Fl 33401
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
7
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 March 11 1998
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 1. 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? xx 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 Il. 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. 4
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
isapplicable Federal and State Statutes, County and CITY ordinances. The requirements
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of this paragraph shall govern, regardless of any errors or omissions in the approved
plans or spLecifications.
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 approve-d
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:
CONTRIBUTION (WATER)
Residential # N/A Units X ERC's Per Unit @ $1,205.00 Per ERC
Non -Residential # 31 ERC's @ $1,205.00 Per ERC
Total ERC's 31 (WATER) Total Contribution $ 37,355.00
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0 CONTRIBUTION (SEWER)
Residential # N/A __ Units X ERC's Per Unit @ $1,550.00 Per ERC
Non -Residential # 32 ERC's @ $1,550.00 Per ERC
Total ERC's 32 (SEWER) Total Contribution $ 49,600.00
The DEVELOPER is obligated to pay to the CITY the sum of Eighty Six
Thousand Nine Hundred Fifty Five & no/100 ------ dollars ($ 86,955-00
for contribution charges at the time of building pernt or within one year after City
Commission approval of this Agreement, which ever comes first. Unless City
Commission, at the time of adoption of this AGREEMENT by Resolution, approves
alternative payment procedures, all Contribution charges have been paid, as evidenced
by the signature of the Finance Director:
Stanley Hawthorne, Finance Director Date
Commencing after receipt -of the Certificate of Occupancy and 90% occupancy of the
ALF, the CITY will review the actual water usage for one yea r. Based on this data,
actual ERC per bed requirements will be established, If the actual ERC consumption is
greater than 100 gpd/bed, the number of ERC's required and the associated connection
charges for the same will be adjusted accordingly. Any additional payment of
connection charges will be due at that time. If actual consumption is less than 100
gpd/bed, the number of ERC's required and the associated connection charges for
same will be adjusted for the ALF accordingly. Any overpayments of connection
-charges will be credited to the DEVELOPER at that time.
GUARANTEED REVENUES
1, DEVELOPER shall pay to the City, GUARANTEED REVENUES
when due, at the rates in effect when due, as amended from time to time.
GUARANTEED REVENUE is equal to the minimum service availability charge for water
and sewer service. GUARANTEED REVENUES are due and payable monthly.
2. The payment of GUARANTEED REVENUES required by this
AGREEMENT shall commence six (6) months after the payment of CIAC Fees. Has a
Plat for the property been recorded with Broward County xx 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.
0 3. GUARANTEED REVENUE, if initiated shall no longer
961011 6 Wsdanp,wpd
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 TO CITY'S WATER OR SEWER FACILITIES MAY BE
NECESSARY 4
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.
0 3.
961011
The site plan for the PROPERTY is voidable by Resolution of the
No final inspections shall be approved by CITY.
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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.
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'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
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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 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 serv-ice in accordance with
current Utility Standard Detail.
PART 111, 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 31 ERC's of water service and 32 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
is that DEVELOPER is not in default of this AGREEMENT.
961011 9 Wsdanp.wpd
C. IMPOSSIBILITY TO PROVIDE SERVICE
In the event that the CITY cannot provide sufficient service as a result of
the actions of any regulatory agency, then the CITY's sole obligation shall be to refund
DEVELOPER'S contribution charges as described in this AGREEMENT, for those units
for which CITY is unable to provide capacity provided that DEVELOPER is not in
default of this AGREEMENT.
PART IV. MUTUAL COVENANTS
It is mutually agreed by and between the parties that the preambles contained at
the beginning of this AGREEMENT are true and correct and in addition to them, it is
mutually covenanted and agreed, as follows:
A. ASSIGNMENT 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 11 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
force and effect upon that PROPERTY which is the subject matter of this
AGREEMENT.
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0 PART V. MUTUAL ADDITIONAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS
DEVELOPER
It is mutually covenanted and agreed by and between the parties as follows:
A. EXCLUSIVE RIGHTS OF CITY
CITY shall have the exclusive right to futnish 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
customers, consumers or users on DEVELOPER's PROPERTY other than the water
main and water service lines (from the water main to the water meter) and the sewage
collection system within granted easements to CITY pursuant to this AGREEMENT.
E. SYSTEM ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD
WORKING CONDITION
Each consumer of
DEVELOPER's PROPERTY shal
961011
water service or sewage collection service on
I keep all water pipes, service lines including
11
Wsdanp.wpd
E
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
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
AGREEMENT is for any reason held invalid or unconstitutional by
competent jurisdiction such portion shall be deemed a separate,
961011
IN
portion of this
any court of
distinct and
Wsdanp.wpd
independent provision and such holding shall not affect the validity of the remaining
portions he-reof.
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 DEVE-LOPER'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 acquisitioR 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 shaltbe 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.
9011 [IVA
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 Wsdanp.wpd
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.
9- 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
0 (with results submitted to Director of Utilities) by a State
961011 14 Wsdanp.wpd
0
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" (je / is
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. 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.
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:
City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
961011 15
FOR THE DEVELOPER:
Bristol Park of Tamarac, Limited
1601 Forum Place, Suite 805
West Palm Beach, FI 33401
Wsdanp.wpd
0
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.
PART VII. ADDITIONAL PROVISIONS
A. EXHIBITS
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 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
961011 16 Wsdanp.wpd
0
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed Qn the day and year indicated below:
Signed, sealed and
delivered in the presence of:
A7Q5,T:
k 1�;- - �)
0 oe, J r.,
City Manager
ATTEST -
By:
Patricia Marcurio, CIVIC
Asst. City Clerk
STATE OF FLORIDA
SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe 5,6hreiber
Mayor
Date: March 11. 1998
A
e S. Noe, Jr.,
ity Manager
Date: March 11, 1998
Approved s fo 7
01
B,V:
Uftc-heIrS. Kraft,
City Attorney
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
Joe Schreiber & Robert S. Noe,�jr. to me known to be the person(s)
described in and who executed the foregoing instrument and they
acknowledged before me and under oath that t�hey executed the same.
WITNESS my hand and official seal this 11 day of March
199 8
urFICIAL NOTAFiY-iiAL
PHYLLIS POUKOFF N(YrARY PUBLI(Y/,#tate of Florida
COMMISSION NUMQ--
r MY CC3011" at Large
0- tZ Fk.0
Phyllis Polikoff
(Name of Notary Public: Print,
(xx) Personally known to me, or Stamp, or Type as Commissioned)
Produced identification
Type of I.D. Produced
DID take an oath, or (X) DID NOT take an oath.
961011 17 Wsdanp,wpd
4 N�,Ry P0,9 OWFICIAL NOTARY SEAL
), �� -P r �,Vl P14YLLIS POLIKOFF
1MISSION NUMBER
(IC390392
N �VIIMIWVASION EXP.
29 1998
0
0
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day and
year first above written. Bristol Park of Tamarac, Limited
by: MKV Realty, Inc., General Partner
V\titness
Type Name Dawn Peterson-Zwart
Witness
- —Type Name
STATE OF FLORIDA
'Ss
COUNTY OF J�� ,
(DEVEL E R) 2
Type NamefritiO�ter J. Mackey_,��ident
'0��
Type Namerritle
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized
in the State aforesaL� and in the County a oresaid to take acknowledgments, personally
appeared _kv�L_h.z, TT to me known to be the
persons(s) described in and who exec-111gri the foregoing instrument and 1-1-k-
acknowledged before me that —,A4A- executed the same.
WITNESS my hand and official seal this day of
1999, Cl/
NOTARX/ "PUBLIC, State of
Florida at Large
J. MILLER
MY Comm Exp. 4101/00
B d�&r
(Signature of p(makii on 4nef)w
Print, Stamp, or Type a L Ay' ly KDOwn []cowl. D.
(K) Personally known to me, or
Produced identification 4a"��duc��
Type of I.D. Pr uced
( ) DID take an oath, or (�) DID NOT take an oath.
961011
ff.]
Wsdanp.wpd
0
AFFIDAVIT SHALL BE COM—PLETEU -WHEM MORTGAGEE SIGNAIURE-IS NOT
ARPLICABLE
I - Walter J. Mackey, do hereby affirm that I am the P res i dent of
MKV Realty, Inc., General Partner and that I have executed a
Water and Sewer Developer's Agreement with the City of Tamarac for Bristol Park
of JaWa[gc A.L.F. F
— project and that I am the owner of the property covered by sa d
DEVELOPER'S AGREEMENT.
There are no mortgages held on the property which is the subject of said
DEVELOPER'S AGREEMENT. 4
FURTHER AFF OT.
URTHER AFF OT*
S ;ig tur
ignatu5w
This 27day of gA-sji4&f-,f 199
V
STATE OF FLORIDA
COUNTY OF" SS
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 W AlLi�, , �'-. I . �7-, - --to me known to be the person(s)
described in and who executed the fore bifig instrument and z�� acknowledged
before me and under oath that --4-1Z - executed the same.
WITNESS my hand and official seal this�L day of
C><) Personally know to me, or
) Produced identification
NOTAR�r
,/PUBLIC, State of Florida
at Large . L�r-13y J. IVIILLER
My Comm Exp, 4/01/00
�A4=AIIY
(Name =7ry Noflben,72A rint?
Stamp, or (;MW6g&eq10d. . D.
Type off D. Produce
) DID take an oath, or (-X. ) DID NOT take an oath.
961011 19 Wsdanp.wpd
40
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year
HIbLabove wnuen.
Witness
TypeName Dawn Peterson-Zwart
Witness
Type Name
STATE OF FLORIDA
COUNTY OF,Pd/,,t &�<LX
Bristol Park of Tamarac, Limited
by: MKV Realty, Inc., General Partner
Type Nam T- MArkpv President
'�o Cle W a�ft- e
TYPe Namefritle
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized
in the State aforesaid and in the County afor 'd to take acknowledgments, personally
appeared A A ---' If -k-- --r- :::� -t'f. . " T", . to me known to be the
persons(s) described in and who executed" t446 r*egoi ng instrument and #e—
acknowledged before me that executed the same.
WITNESS my hand and official seal this,2 day of
NOTARY,
��/ PUBLIC, State of
Florida at Large Y J, MILLER
MY Comm Exp. 4/01/00
'y n ce
1-11��O�P"��; rtfl AAA RX S=i
(Signature Q CC5F4Mc:
Print, Stamp, or T 01 J�"Sq�m []*dWLD-
(>q Personally known to me, or
Produced identification
�v p �eo f �ID. P �r'-' u c �ed
( ) DID take an oath, or (�� DID NOT take an oath.
961011
20
Wsdanp.wpd
EXHIBIT A- I
LEGAL DESCRIPTION
The Eastern 65 feet of Lot 7, less the North 2 feet, and Lots 8 through 12 inclusive, less the North
2 feet, in Block 248, of MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN, according to
the Plat thereof, as recorded in Plat Bool 7 1, page 3, of the Public Records of Broward County,
Florida.
0
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No Text
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EXHIBIT C
LE
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EXHIBIT D
TAMARAC �_ALATER AND SEWER AGREEMENT
DEVELOPMENT
Bristol Park of Tamarac Assisted Living
Facility
_METER
SCHEDULE FOP, NON RESIDENTIAL USE
OF ERVS WATER SEWER
TOTAL
NO. OF
METER
LOT f #OF UNITS WATC-R SEWER GIAC FEES# GIAC FEES
CIAC FEES
METERS
§IZE
ALF 1 31
31 $37,355.00 $48,050.00
$86,406.00
2
2"
DUMPSTER 1 0
1 $0 $ 1,5$0.00
S 1,550.00
TOTALS 1 31
31 $37,355.00 $49,600-00
$86,955.00
2
2"
1�
TOTAL ERC'S 3 1 (Water) 32 (Sewer)
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
T 4" DIAMETER
1 AT 6" DIAMETER
AT 8" DIAMETER
AT DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. 2A
32 ERC'S , 4.231 SITE ACRES = 7�56 FRC'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.
5�
SEAL PE #29601
Rhon Ernest Jones, P.E,
TYPE- NAME