HomeMy WebLinkAboutCity of Tamarac Resolution R-96-109Temp. Reso.# 7386 - April 11, 1996
CITY OF TAMARAC
RESOLUTION NO. R-96-16 9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A WATER
AND SEWER DEVELOPER'S AGREEMENT WITH LUIGI
PERRI FOR THE SINGLE FAMILY RESIDENCE BEING
CONSTRUCTED AT 10020 NW 71 ST PLACE FOR ONE (1)
WATER AND ONE (1) SEWER BUILDING CONNECTION
REQUIRING ONE (1) ERC FOR WATER AND ONE (1) ERC
FOR SEWER AND ACCEPT THE PAYMENT OF $ 2,755.00
IN CIAC FEES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the developer, Luigi Perri, is constructing a single family residence at
10020 NW 71st Place Project (attached hereto in map form as "Exhibit 1") in accordance
with a building permit issued on November 17, 1995; and
WHEREAS, the Developer has offered a Water and Sewer Developer's Agreement
to the City of Tamarac for the single family residence at 10020 NW 71st Place 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 one (1) ERC for water and one (1) ERC for sewer for a combined CIAC fee of $2,755.00
as required by Resolution R-94-210; and
WHEREAS, it is the recommendation of the Director of Utilities that the Water and
Sewer Developer's Agreement be approved and executed and the payment of the CIAC
fees required for the single family residence located at 10020 NW 71 st Place be accepted;
and
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Temp. Reso.# 7386 - April 11, 1996
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 execute a Water and
Sewer Developer's Agreement with Luigi Perri for the construction of the single family
residence at 10020 NW 71 st Place and accept the required CIAC fees in the amount of
$2,755.00.
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 execute
a Water and Sewer Developer's Agreement with Luigi Perri for the construction of the
single family residence located at 10020 NW 71st Place (attached hereto as "Exhibit 2")
and accept the CIAC fees.
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.
5EQIIQN 15L 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.
1
2
Temp. Reso.# 7386 -April 11, 1996
SECTION 6� This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APP
1996.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
MITCHELL S. KRAF
CITY ATTORNEY
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NORMAN ABRAMOWITZ
MAYOR
RECORD OF t
MAYOR ABRAMOWIT2
DIST. 1: COMM. McKK
DIST.2: V/M MISHKIN
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71PLWSDA,DWG
N.W. list PL.
WATER AND 133WER DEVELOPER'S AGREEMENT
• M
FOR:
(Name of Development)
GENERAL LOCATION:
Tamarac, ElQrj d
3 3 3 21..,,
THIS AGREEMENT effective this day of 41171A,
19 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
Luiai Perri
. at
hereinafter called "DEVELOPER".
and
at 10801 NW 71 Court
hereinafter called "OWNER".
W I T N E S S E T H
WHEREAS, CITY is the owner and operator of a water treatment
plant, together with water distribution and sewage collection
facilities known as "TAMARAC UTILITIES WEST WATER AND SEWER
SYSTEM"; and
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WHEREAS, DEVELOPER owns or controls certain real property in
Broward County, Florida as shown and described in Exhibit "A"
attached hereto and made a part of hereof; and all references made
in this AGREEMENT to PROPERTY shall refer specifically to
DEVELOPER'S PROPERTY described in Exhibit "A" attached; and
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, 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
19�.
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 joins in this AGREEMENT and agrees to
severally liable for the responsibilities of
enumerated in this AGREEMENT.
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K
the OWNER, then
be jointly and
the DEVELOPER
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B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to
in this AGREEMENT as ERC, is the assumed average daily flow of a
detached single-family residential unit.
C. The term PROPERTY, refers to the real property described
in Exhibit "A" attached to and incorporated into this AGREEMENT.
D. The term GUARANTEED REVENUE refers to a fee paid by
DEVELOPER to defray the cost to CITY of maintaining reserve water
and sewer systems. The GUARANTEED REVENUE is equal to the
applicable monthly service availability charge for water and sewer
service.
PART II. DEVELOPER'S OBLIGATIONS
1. 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.
2. 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.
DEVELOPER and his Contractor shall arrange for and hold
a preconstruction meeting with the Utilities Director 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. Any modification to the City's water and sewer
utilities will require water an Engineering Permit, payment of
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a
engineering fees and bonding based on a Certified Cost Estimate,
prepared by DEVELOPER'S licensed contractor, shall be required
prior to any construction.
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 Utilities Director or his authorized representative.
Approved plans and permits must be on site at all times.
During construction and at the time when periodic
inspections are required, the Utilities Director or his authorized
representative shall be present and DEVELOPER'S contractor 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.
The work to be performed by DEVELOPER, pursuant to the
provisions set forth herein, shall be in accordance with all
requirements of the regulatory agencies which have jurisdiction
over the subject matter of this AGREEMENT as well as all applicable
Federal and State Statutes, County and CITY ordinances. The
requirements of this paragraph shall govern, regardless of any
errors or omissions in the approved plans or specifications.
The contribution charges (both water and sewer) shall be
calculated according to rates set by Resolution of the City
Commission.
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The contribution charges shall be computed based upon the
DEVELOPER'S representation on the approved final site plan or
building plans 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.
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:
Residential # 1 Units X 1 ERC's Per Unit @ $1._2-05.00 Per ERC
Non -Residential # _.0 _ ERC's @ $1.205.00 Per ERC
Total ERC's 1 (WATER) Total Contribution $
Residential # 1 Units X 1 ERC's Per Unit @ $1.550.00 Per ERC
Non -Residential # _0 ERC's @ $1.550.00 Per ERC
Total ERC's 1 (SEWER) Total Contribution $ 1.550.00
The DEVELOPER has paid to the CITY the sum of Two
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
evign.c h�the signature of the Finance Director:
Stanley Hawthorne, Finance Director Date
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G. GUARMTEED 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 CIAO
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.
0 4. The parties acknowledge the GUARANTEED REVENUE
payments made by the DEVELOPER shall be considered as revenue
(income).
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.
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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. No final inspections shall be approved by CITY.
3. No Certificate of Occupancy shall be issued by CITY
for any unit on the PROPERTY.
4. 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.
5. The CITY shall be entitled to lien the PROPERTY and
foreclose the lien in satisfaction of any payments due under this
AGREEMENT.
6. CITY shall be entitled to any other remedy at law
and failure to exercise any remedy shall not constitute a waiver of
said remedy.
owe
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
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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. Install cleanout on consumer's sanitary service in
accordance with current Utility Standard Detail.
PART III. CITY'S OBLIGATION
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.
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 1 ERC's of
water service and _ 1 ERC's of sewage treatment plant capacity for
DEVELOPER.
= _ • � • �, • � i..; �� ; :. ; _.. a ►�
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
TUWWSDA-INDIV.
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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.
11111 u'•. • W WM
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
the 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:
' flu . � • • ; u
In addition to binding DEVELOPER, the provisions of this
AGREEMENT shall run with the land and be binding upon and inure to
the benefits of successors in title to the PROJECT after this
AGREEMENT has been recorded in the Pubic Records of Broward County,
Florida.
All prior Developer Agreements or Agreements pertaining
to the supply of water and sewer affecting the PROPERTY are hereby
canceled and declared of no force and effect upon that PROPERTY
which is the subject matter of this AGREEMENT.
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PART V. MUTUAL ADDITIONAL COVENANTS
9
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS
DEVELOPER
It is mutually covenanted and agreed by and between the
parties as follows:
CITY shall have the exclusive right to furnish water
service and sewage collection service to consumers within the
PROPERTY covered by this AGREEMENT.
'.•,� •� .0 •R
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.
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
WEST WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and
agrees that the rates are subject to change at any time by CITY.
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D. C= NOT LIABLE FOR DEVELOPER'SCONSUMER'S
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.
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.
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.
• ; u ;_ •i � au :•u
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.
TUWWSDA-INDIV.
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H. Dr,9CLA,I,MFR
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.
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.
J.
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.
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K. 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 enforceable by
either party regarding that portion of the DEVELOPER's PROPERTY for
which CITY cannot perform its obligation.
1. The purpose of this Section is to protect the
public water main against actual or potential
cross -connections and back -flow by isolating within
the premises or Private Property contamination or
pollution that has occurred or may occur because of
some undiscovered or unauthorized cross -connection
on the premises or Private Property.
2. POLICY
a. No water service connection shall be installed
or maintained by the CITY unless the public
water main is protected by an Approved back -
flow prevention assembly as required by
Florida Administrative Code 17-22, applicable
DEP regulations, and this Section.
b. Any back -flow prevention assembly required
herein shall be of a model, type and size
approved by the Utilities Director 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.
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13 951211
to io
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
Utilities Director 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
Utilities Director or his designee)
inspections and tests of back -flow prevention
assembly shall be performed by state certified
TUWWSDA-INDIV.
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back -flow tester. DEVELOPER/OWNER must have
tests performed (with results submitted to
Utilities Director) 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.
DEVELOPER acknowledges that Broward County and the City
of Tamarac have ordinances that prohibit discharge of hazardous
materials into the sanitary sewer system. . (Broward County
Ordinance 86-61 and Tamarac Ordinance 85-52). DEVELOPER agrees not
to discharge hazardous materials into the sanitary sewer system as
defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85-
52 or as they may be amended.
PART VI. NOTICE
Whenever either party desires to give notice to the other, it
shall be given by written notice, sent by prepaid certified United
States mail, with return receipt requested, addressed to the party
for whom it is intended, at the place specified as the place for
giving of notice, which shall remain such until it shall have been
changed by written notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as
the respective places for the giving of notice:
City Manager Luigi Perri
7525 Northwest 88th Avenue 10801 NW 71 Court
Tamarac, Florida 33321 Tamarac, Florida 33321
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.
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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:
EXHIBIT "A" - Legal Description of PROPERTY
EXHIBIT "B" - Resolution No. R88-206 declaring a water
and sewer developers agreement with
Schmidt Industries, Incorporated for
Isles of Tamarac in default for Lots 3 &
5, Block 373.
EXHIBIT "C" w A copy of the site plan or building 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, and the meter size(s).
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C� J
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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
ATTEST:
By:
'� �\ '-�- T--�) , \ -
Robert S. Noe, Jr.,
City Manager
ATTEST:
By:: -
Carol A. Evans,
City Clerk
STATE OF FLORIDA:
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By. �� •
Norman Abramowitz,
Mayor
Date:
-�A;a-
By: T, n
�C
obert S. Noe, Jr.,
City Manager
Date
pp ej a§k t f rm
Y
itche11 e Kr ,
City Attorney
•• p : SS
,,''
COUNTY OF �w't F^-6
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in t e County aforesaid to take /
�acknowl�ledgmen sonally appeare
to me known to be th person(s) describ d in
and who executed die' fo a oing instrument and cknowledged before
me and under oath that executed the same.
WITNESS my hand id official seal this r� day of
1.99Z.
Z O'o-y �je Karenlackson �, NOT Y PUBL , State of Florida
Natuy Public. State of Florida ; at rge ^
Cummissioa No. CC 539151 G �S D
>� of WO MY CommJ
i"W Expires 05/14/00 ;
'c tsoos-orAIcr.FI,,,,y;0Ct,�„g� (Name of Notary Public: Print,
S tamp , or Type as Commissioned)
f ) Personally known to me, or
( ) Produced identification
( DID take an oath, or (
0 TUWWSDA-INDIV.
Type of I.D. Produced
DID NOT take an oath.
17
951.211
n
X - /'G-/ 09
ATTEST.
By:
Type Name
STATE OF FLORIDA
SS
COUNTY OF
D YJELOPER/QNER
r r 2�•
By: 011
Type Name LUIGI PERRI
By:��C'
Type Name ROSALTA PERRY
DEVELOPER / OWNER
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
a knowledgmeXits, personally appeared 4 U 1 C' i Pc;p-e-„i f /�
D to me known to
be the person(s) described in and who executed the foregoing instrument
and TH -U acknowledged before me and under oath that executed
the same.
WITNESS my hand and fficial seal this � day of
199 � .
NO ARY 1�11 �m9T Florida
at P[BUC STATE OF P[ARIU
COMMISSION No.'CC4Wg0
MYCOM
(Name of Notary Print,
Stamp, or Type as Commissioned)
( ) Personally know to me, or
( 1/�Produced identification IdcAus6ij
Type of I.D. Produced
( ) DID take an oath, or ( vjXDID NOT take an oath.
0 TUWWSDA -- INDIV.
18 950601
q(- 16
9
•
I OI C. 1 `4' `!
—' .,,.,..,. do hereby affirm that I
am the _ C>Ly,(.l �_�_ _ of 1 C�
Lf E AfmA 3�� and that I have
executed a Water and Sewer_ Developer's Agreement with the City of Tamarac
for _ C� r��n+ a- t 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.
FURTHER AFFIANT SAYETH NOT.
���
�i (Signa ure)
This _ l a day of90:�24-
1.99�.
STATE OF FLORIDA
SS
COUNTY OF df#4V,.A,�
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 e `f'/
to me known to be the person (s )
described in and who executed the foregoing instrument and
acknowledged before me and under oath that he_ executed the same.
WITNESS my hand and official seal this 19_ day of
199-fe—.
C�FFiC AL N A Y SEAL
VORMA BA RAN
Nii�7 A :. SLIC 5TATE OF FLORIDA
35ION NO. CC5p0098
i� Y 40h1 M ISSION EXP. SEP[' 24,1999
( ) Personally know to me, or
(� Produced identification
NOTARY PUBLIC, State of Florida
at Large
o r OL
(Name of Notary Public: Print,
Stamp, or Type asCommissioned)
—:DY/Ve,R5 Ll lce/fSe—
Type of I.D. Produced
( ) DID take an oath, or (�<) DID NOT take an oath.
0 TUWWSDA-INDIV.
19
951211
EXHIBIT A
•
•
BOUNDARY SURVEY
BY
PULICE LAND SURVEYORS, INC.
6451 WEST COMMERCIAL BLVD.
TAMARAC, FL 33319
LEGAL DESCRIPTION:
Lot 3, Block 373 of "WESTWOOD COMMUNITY
SEVEN" according to the plat thereof as
recorded in Plat Book 81 at Page 28 of the
public records of Broward County, Florida.
NOTES:
(305) 721-6768 1) Flood Zone: A2
2) Base Flood Elevation: 11.0 feet:
3)Map Date: 7-24-81
4) Lowest Floor Elevation: n/a
5) Garage Floor Elevation: n/a
6) Average Site Elevation: 11.4 feet
7) Elevations are based on N.G.V. Datum.
8) Legal Description was furnished by
Luigi Perri.
^WL 1` -
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e rALA/
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vill
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,y, vf��iry6As�srayE2�r �ae\ I
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�o�Z 2 ��r��A4r _ 10.47
G .Cf Gf/ 7/,sY �tAC
File: LUIGI PERRI
Scaie: 1" = 20'
Order No.: 19191
Date: 1-31-90
F.B.: sketch
NW 71st Place, Tamarac
For; PERRI
0
CERTIFICATION:
I Hereby Certify: that this plat of survey was prepared under my
direction, that it meets the minimum technical standards for Land
Surveying in the State of Florida (Chapter 21 HH-6, Florida Adminis-
trative Code) for the iype o1 survey shown hereon and is true and
correct to the best of my knowledge and belief. Copies of this survey are
invalid unless embo ed wit 'A�h; seal _ofie undersigned.
�:
John:F.P ca, Ret;.Land rveyor Ii2B91
Michharlea Flynn, h6g. Land Surveyor N3281
State of Florida
TAW,,%I: CITY OF TAMARAC, FLORIDA
RESOLUTION 140. R•-89-.![
i
A RESOLUTION DrCI.AR.INC A WATER AND SF1•:FR
DEVELOPERS AGRFF'NFNT KITH 5CH":I1117
INDUSTRIES, IPCORPORATFD, FOR ISLES 01
1AMARAC, IN DEFAULT FOR LOTS 3 6 c
BLOCF. 373; AND t`ROVIDING AN F.FF--CT:%'
DA'; E .
i
WHEREAS, the Cit entered into a atrr nr. r.;cr
)' ::
r
i a
Developers Agreement with Schmidt Industries,
r
for the property known as Isles Of Tamarac, wl, r. acree;
- -,ent
was dated August 31, 1977; and
r
WHEREAS, Schmidt Industries, Incorporated, his fai:ec tO
G_
pay the Guaranteed Revenues and lnterest, as rccluirc<i n; t.d.ir:
Agreement, for a rotal of �203,00; and
r
WHEREAS, the City Council wi�hr.F; to der',arc-
meet in default.
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
i
CITY OF TAMARAC, FLORIDA:
i
SECTION 1: That the Water and Sewer Developers Agreement
I
dated August 31, 1977, between the City and Schmidt
Industries, Incorporated, for Isles of Tamarac, Lots 3 a
t
Block 373, is hereby declared in default due to failure to
Pay Guaranteed Revenues and Interest ;n a total amount of
'
$203.00.
r�
SECTION 2: That the Cit}- Clerk is hereby directed to
ry
record this Resolution in the public records of Broward
(Jl
County, Florida,
rJ
W
SECTION 3t That the City Clerk is hereby directed to
transmit a certified copy of this Resolution to Schmidt
Industries, Incorporated.
SECTION 4: This Resolution shall become effective
immediately upon adoption.
71,
�ry
PASSED, ADO'TED AND APPROVED this- day of yr �i i988,
I
/
I
�
NORMAN ABRAMOWITZ ;
1J
C MAYOR
CAROL F. RBUTO
CITY CLERECORD OF COUNCIL VOTE
CLERK
MAYOR AE3RAM0lV17Z %�;,.�_•
I HEREBY CERTIFY that I have 7--
approved this RESOLUTION as to DISTRICT 1. C/M ROHR
form"
DISTRICT 2: V/M STELZER
I DISTRICT 3; C/`.1 HOFFMAN r
�.1
RTARD
CATTORNEYDISTRICT 4 C/M B NDER
_ . • -~
7
A G R E E M F N 1'
Mr V1;1.01'F:It) D8A Isles of Tamarac
(Westwood 07)
THIS AGREEMENT made and entered Into till:: _J_ja;_day of
;t - 1977 , by and between—SLluaI-dL-JnrlrraLr..l.cs,_._lac.--
____ _, hereinafter referred to as Developer" and
;AC lll'Il.l1'IES, INC., a Florida corporation, hereinafter referred
"Sorvlce Company
MIEREAS, Developer owns or controls lands located in Droward
y, Florida, an" described in Exhibit "A", attached hereto and thereby
a part hereof as if fully set out in this paragraph and hereinafter
red to as "Property", and 'Developer has or is about to develop the
rty by erecting thereon single family residential, multi -family
went buildings, and/or co=erclal improvements; and,
WHEREAS, in order to meet the finar,cinl; and general requirements of
in private agencies and certain Federal, State and Lc- l governmental
Ic::, :ouch an, but not ]lmitt•d to, tilt, ,;tntt. Iloord of Health, the Veterans'
lntration, the Federal llou::ing Adm 01!;tratlorr, and private lending
tutlon:;. it 1s necessary that adequate water and sewage facilltle, and
ces be provided to sere•^ she Property and to ;serve t!tc cccul,ants of
resideor.c, bulking, or unit construcred or located on the Property; and,
WHERLXS, Developer is not desirous of providing water and sewage
(ties to serve the Property, but Js deslrotu; of promoting the construction
ntral water and sewage, facilities by 5er•vlct Company so occupants of
residence, building, or unit constructed or located thereon will receive
tte water --id sewage service.; and,
WHERMS, Service Company is willing to provide, in accordance with
rovisions and stipulations hereinafter set out, central water and
facilities, and to extend such facilities: by way of t:ater distribution
and sewage collection mnlns, and to thereafter operate sucJ: facilities
it the occupants of each resldt,nce, buililing, or unit constructed on
'operty will receive an adcqu,rte wattr Supply and se,:nge disposal service
service Company; —
co
tv
NOW THEREFORE, for and in consideration of the premises and the
undertakings and agreements herein contained and assured and the
.hang of additional services by Service Company as required by Developer
develop;�ient of the land described in Exhibit "A" hereto, the Developer
ryice Company hereby covenant and agree iiS (rllows: i"
•
1he for cg"it"L !it -it ccicnt" c trot. end correct.
.. The following deflnttlon:; and rrferrncrn Are given far tite
purpo:;e of Interpret ltip the trrm:; :tr{ tnrd In this Agreement and
Apply unlrss the "tlr xt IndI-Itr:t a dlffercnt mcaning;
(a) "i'ro2tcr_LYtt - ill the lend drmrrib—I In F:xhll,lt "A" And
All the land to whteh 5crvlre t:ornp,iity actually prrvldc:l
water or newage nervlcc;
(11) "StnRo ArrA" - rrror:; to ,t part of tht• Property whirl+ In
belnl; or In to be dvvelol,rd ,+:; ;t till[[;
(c) "Lot or ""ract" -• each bulldlnf; ::Itc A:: platted for record
or as shown oil the mAstrr plan and pint.
(d) ItServlcu" - the readiness And ability on the part of
Service Company to furnish water or newage service to Inch
lot. 7hu., the inAlntellAnC[L•y Scrvll'e Company of adcqumtc
pressure at the paint of dcllvcty .hall con:rtltute the
rendering of water :tervlco, And till nalntenance of A
connection providing for the rer.Au.11 :tad dfspoaal of neMagr
:;hall conntltut,t the rvndt.riIli, of :,c'w,+t;r Wrvlrr, Scw.IpI% ,;,•ruler
rcfet•n to .Anft;try newer :;rrulrt.;
(e) "Pollint of Delivery" . the point where the pipe. or rc. I
tt
of Service Company Arc connected with tlu• plpe, of the con1111er.
Unle.s ntherwinr indicated, point or dcllvery sh[111 be at a
point on the consumer's lot lute;
(f) "Consumer Inntallntfon" - All far.tlltir•s on the consumer's
side of the point of delivery;
(g) "Con trlIli, ttnn In AId- nf-t:nnstrnrtlnn" - the nun of money,
tad/,tr prvherty, reprenrntr,l I,)' tit,, vale cf thr water dlstrl-
but Irnt and ncwuge col Ire[ Inn .yslcta:; ,-,ntmtructed by Ircvclo; rr,
which Dcvrloper covcn.ltitn and igr,•cn it, p.,y to Service Compu ,,y
AN .1 COW IhUtfoll In a1.1•ol-cn+,ntrurt]I'll to Induct. Scrvlcc
Contparty to pruvtltc the w.1tcr nrtd ::rwaf;e servire to the 1'rc,pt•rty.
(11) "State Board of Ilralth" - refers to the F•lorldA St.1te
Department of Iivalth :uid ItehablI t-it Ive Services or its succ error.
(i) "Water and Sewer FAcllltv" - ,ill or any part of the Complete
water di.trlbution and/or 1:ew.tgr collection Rystcm, including
pipou, malna, valve::, appurten.ntct:::, pu;;iping nr lift stations.
J. Developer hvrt:hy i;r.•nt:: .ut,l glvc; to Srrvlce Company, itt:
:;or:+ milt a.nlgt.:; the ex, Ill:,lvr right or pt lvlicgc to coistruct, own,
In, and operate tin: water mad tarllity t,t t;crvc the Property;
a exclunivc right or prIvflcgr to truct, own, malntmill , And operate
acIIItIes in, under, upon, over a11,1 across the prrnent and future
M1, roads, terracen, Alleys, cA,cnIrnts, rcncrved utility strips and
y sites, and any publtc place A:; provided and dedicated to public use
record plats, or as provided for in agreements, dedications, or grants
therwise and independent of said record plots.
3'.1 J4,
:C n
-2-
Develc—l- hereby further at;rrrr, that tilt foregoing grants Include
Elie ncret;easy right of Ingress; and eeres:; to any part of the Property; that
the foregoing grants shall be for such period of time as Service Company cr
its successors or assigns require such rirhts, privileges or casements in
the construction, owner:;hip, malnten:ntce. operatlon or expansion of the
water facility and the sewage fnc:lllty; that in the event Service Company
Is required of desires to III::t.Ill +rnv of It:; water or sewage file i]ities in
lands wIthfn the Property lying, Mt the :;troet:; and casement arras described
above, then Developer or the owner ::hall grant to Scrvlce Company without cost
or cxpenrte to ScI,vIre Coslp+my thI nrre:u;.Iry caremr•ttt or easement'+ for t;uch
I. private property" ln:+t.tll.itlun; provided all r;u,h "private property" Inntall-
atloll, by scivlee clnmpauy :;hail be mode In :;uch a manner as not to intorfcre
with the then primary use of such prlv.ttc property. Service Company covenants
that it will use due diligence in ascertaining all casement locations; however,
should Service Company install any of its facilities outside a dedicated
easement area, Developer, the successors and assigns of Developer, covenant
and agreo that Sert•ice Company will not be required to move or relocate ar.y
facilities lying outside a dedicated casement area so long as the facilities
do not interfere with the then or proposrd use of the area In which the
facilities have been installed.
Service Company hereby agrecn that all cnr.cmcnt grants will he
utLlixcd in accordance with the cotablinitcd and generally accepted practices
of the water and rile sewage industry with respect to the installation of nil
Its water and aew,ree fnctlltIea in any of the at:;emertt areas; and :hat
Developer or Developer's successoru or as:;lgns In granting casement hareln,
or purnuanl: to the termn of thln instrument, Shall have Elie right to grant
exclusive or non-cxeluslvt. right:;, prtvllegerl and ea;;emeuts to other personn,
firma or corporatienn to provide to the: Property any utility uervices other
than water service or sewage sort -lee.
Developer, as a further consideration of this agreement and In
order to effectuate the foregoing grants to Service Company hereby places
the following covenant, as a covenant running with the land, upon the Property
and thereby subjecting It to a reservation, condltlun, Iimltation or restriction
In favor of Service Company, as follow.;;
"TAMAKAC UTILITIES, INC., or its Aucce9Fors, has the sole and
exclusive right to provide all water and sewago facilities and services to
:he Property described 1n Exhibit "A" and to any property to which water or
sewage service is actu-lly rendered by Service Company. All occupants of any
residence, building, .nit or improvement erected or located on the Property,
Ind all subsequent or future owners or purchasers of the Property, or any
Iortion thereof, shall receive their water and :;ew;tge service from the aforesaid
orpnratlon, or Ito mere:;sor:;, and ::hall p,Iy f,Ir the came In accordance with
he terms., conditions, tenor :Ind IIII-A-M of till:; alreement, for so ]one as the
faresaid corporation, or its; succcs:.ort;, pruvlde Such services, or elthcr
-f them, to the property; and, all ot,�upantn of any residence, building, unit
r improvement erected or located on the Property, and all subsequent or future
wners or purchasers of the Property, ur .toy portion thereof, agree by
ecupying my premises on the Property or by re—rding any deed of conveyance
ith respect to the Property that thev will not construct, dig, build or
therwlae make available or u e water service or sewage service from any
ourcc Ether than that pro+ided by "Service Company". However, there is
xcluded from this restriction any water .+ell or water source used solely
nd exclusively for the purpose of :;applying water for air conditioning, or
rrigatlon on the Property."
M
j, F-.;'e t
Further, in ardor to five an add ItlonaI and sup;,lemcnl:lry notice
.o all tilt- future owners of any of Clio property of the rights of Service
:ompany to provide the Property with w.11cr ,rtul ;trwage f•tciIitios and s,r,fees
tnd the Developer hereby cnven.tntr .:nd al;rron to Il.tvr the above restrletive
ovenunt Included 1n the gcntral r•nlr,llvlrian re::[rl:tluns :utd to place the
.-ate of r"Col'd In the Public hvl.ordn of lln• )nrlsdlctlon In which the Property
located,
4. Upon the continued actnmp114hment of all of the prerequisites
ontalned In this agreement to be performeJ by the 0—eloper, Service Company
uvenaM n and ;tgree;t that it will k:unnert tilt' w.tter dl:ttrlbutlon and aewago
ollectlon I.tcilitlra luat.tllcd by Developer to the control water and sewage
trilltles er Service Company 1n ,rccurtl,tnce with th,: terms and Intent of
nls ogreement. Such r.unner:tlon shall at all timed be 1n accordance with
ilcs, regulations and orders of the Department of health and Rehabilitative
2rvlce:e, tit-rvice Company igroe:; tl;at oneo It pt'ovidcs water ana sewage
:rvlcelt to the property and Developer or ether:+ h.lvr connected consumer
lntallatlun:; to Its oystemn, th•:t thuro.tftcr Service Company will continuously
:ovide, at its cost and expense, but In accordance with the other provisions
thin agreement, including rules and regulations and rate schedules, water
:rvice and sewage service to the property In a manner to conform with all
:quirements of its systems, that thctcaftvr Service Company will continuously
'ovide, at its cost and expense, but in accordance with the other provisions
this agreement, including rules and regulation:; and rate scltcJules, water
:rvice and sewage service to the. Property In it manner to confonn with all
•quirements of the State hoard of Ile.lith :md uthnr governmental ogencien
Iving jurlsdLction over the water :;apply :111,1 svw.igv disposal operations of
rvice Company.
5. 1' is the intention of tilt! partln:+ In entering Into this agreement
at the Developer grants to Service Company tilt!rxcluxfve right and privilege
provide all the land set forth in Exhibit "A" consisting of approximately
5+ _tcren with water and sewage f,lcllltlr: ,nul ..^.rrvlces.
6. To induce Service Company to provide the water treatment facilities
d sanitary sewage treatment facility, and to continuously provide consumers
cated on the Property with later and sewer services, Developer hereby
venants and agrees to construct and to Iran:lfcr ownership and control to
rvice Company as a contribution In aid -of -construction the on -site water
strlbit tlill, anJ sewage collection systrma referred to herein ,9s a contribution
01J-nf-eon .t t'uel lon.
0oveloper shall cause to be prep,trcd englneering plan; prepared by
I ::ralt'd by a
pro[rn::lonai engineer regl::tered in the State of Florida,
`1118 the un-site water dlstrihutlot, ;yl;tem
,111,1 sewage collection system
tposed to uc installed to provide service to consumers within the subject
,perty. Such detailed plans may be limited to the first stage area onlyco
subsequent stages may be furnished from time to time. However, each such
go area shall conform to :t master plan for the development
ry
of the Property
such mntiter plan shall be submitted to Service Company concurrent with
o
l
prior to submission of engineering for the flr::t stage. Developer shall
se his engineer to submit specifications governing;
Ln
the material to be used
the method and manner of installation. All such plans and specifications
-J
witted to Service Company's engineer s11n11 be subject to the approval of
vice Company and no construction
shall commence until Service Company has
roved such plans and specifications in writing, Service
Company's engineer
11 notify Developer of the approval of Developer's
plans, or, in the event
h plans are disapproved, shall state in writing, the reasons for such
approval, within 20 working days from the date such plans are received by
vice Company's engineer.
In the event Service Company's engineer does not
-4-
vlse Developer of plan approval or disapproval after said 20 working days,
veloper's plans shall be deemed to be approved. Complete as -built plans
all be ;;ubmltted Lo Scrvicu Company upon c•uinpletlun of conr.tructlon.
tar the approval of plan:; .,,d allecificatioll4, neveloper :;hall cAuAe tb
run:.trrr; tcd, at Dt'velolivi- :I own rf :t .nul cxpvn:+c, Life watcr dl::tribution
I cunyri,'lr ccwagr collcctlon :fyrtrnu: a:: ;:h.n+n fill tMr pl.nr:; ,uui ::pcclflcnllonn. :h complete acwaae callactinn r.y::lcm ah.11l lllritrde any and All lift
I/ur pump statlonn on the Prup.rty ul Uevcl"ptr, Service Cand for Itovr.lcper';.
ul[ of 5
Le and Sr,ceC use, require( to trnnnmlt 4Anitary scwaac to the treatment
Company.
Developer shall be rcyulred to pay the applicable charge
set by Service Company f rim time to time) for water meters and meter
tallatlons of sufficle"t :opacity for all :tingle family rclldential,
tf-famfly, eommerclal Innt.11latlun or any other connection rcquiring
I:tlring df:vlcc• A schedule of muter charl;c:t has been attached hereto
marked as schedule of Exhibit
During the constructlon of the water distribution and 9.7.nitary
age Collection systems by Developer, Service Company shall have the right
inspect such Installation to determine that all installations are in fact
ng made In accordance with the plan.; and xpccllicatlons• Service Company
11 control the quality of the installation And further shall be entitled
perform standard tests for infiltration, —filtration. line and grade and
other normal engineering tests to determine that the systems have been
tailed in accordance with the plans and specifications and good engineering
ctices. Developer agrees to pay to Service Company, or Service Company's
horized agent, the amount set forth in Exhibit "C" to cover the cost of
Section of installations made by Developer or Developer's contractor.
Provided that Service Company :;I1u11 be. ready, willing and Able to
ler service to Developer, by thcar prcurnca, Developer hereby transfers to
rice Company, title to all water dlntrlbutlon ,Ind sewage collection systems
allcd by Developer o; Developer's contractor, pursuant to the provisions
Ills Agreement. Such conveyar.ee to take effect without further Action upon
acceptance by Service Company of the s.+id Installation. As further evidence
aid transfer of title, and upon the completion of the installation and
r to the rendering of service• by Service Company, Developer shill convey
ervlec Company, by Bill of s.11e, in form 4allr;factory to Service Company's
complete an -site waLrr di:;trlbrltion .Ind ucwagc collection systLm
nnr.trurtcal by Developer .rn,l a1111""'-1 by ";"vlc.• Company. 1'eveloper sh,lll
hoe ran+e lit 6e cunveyr.d to 5rrvfe" Compally, all e;r;ementr; Anl/or rights-
.ly covering areas in which Newel anal water line;; are Installed by record-
ducumrnt in Corm satisfactory to 5,rvltr C,ompaily's cocm::cl. ncvclnper
lu
I .il:o convey by warr.lnty dead, .lay .Ind .111 lift 4tatn ar pumping
fun titles forming an II,tri.r,l1 I1.Irt n: the swage collection :;y::LCM- All
:y-n,ra oC rar.amortt::, right ; -ul'-way or f:.lrr.ntty deed:' sit-' m
ll b,' acco.panled
tills policy or othl•r evIdrnr.' .11 1 II Ie :t.11 islacIory to Sarvlre Company,
ng Developer's right to convey ;;uc•h e;sviftentq, rICht:;- of -wjv or
lnty deeds And further cvldancing Service Company's right to the contin-
cnJoyment cf such eA;;cmcots, right::-or-w.ty or warranty dccd properties
it' exclusion of any other per::on in :ntcrc:;t. The u:;c of casements
cd by developer shall Include the ur.e by oLlu+r ut111t1e3 Ao )Oita as
uac•u by electric, telephone or gas utllltlet do not interfere with the
ly Service Company. Service Company agreen that the acceptance of the
distribution and sewage collection system., Installed by Developer, for
ce, or by acceptance of thr Bill of Sale. or Warranty Deeds, shall constitute
ssumption of responsibility by Sc(•vlc(! Company for the continuous operation
aintenanee of such systems from that date forward. 'lortgaaec, if any,
AS prior liens on such properties shall be required to release such liens,
dinate their position or Join In Life Grant or dedication of the
eY- -Pd
CO
c
N
n
X
,e - 8 e -,At
easements, rights -of -I. y or warranty deeds, t.11 water distribution or
shall;u a covered facllltier, save ,Ind excel,[ consumer Installations,
shall be revered by casement:;, rlFhts-of-t.vy or, In the case of lift
nt:rtIt,n OtI.!;, by warranty d,-"k.
lllettuvrr the dcvrin�nnt'nt of tilt' sublrct prupt•rty Involve:; Otte
can:;unn'r or J unity of rttlt' of c,•vrr,il r,nu;waura mold In (hr opirtlrn of
Service Ct+mp:uty, ownrtrhlp by 5, rvlrr k:"`1pony of the Intcrn.71 w:ttrr dl,,tri-
butlo!I and sewage collection bystrm fs not necessary then, at the option Of
Service Company, Developer t;h.tll rrtaln ownrt'ahlp and t11e obllFatlnn for
nil
tilt rn.tnrr of such un••sll" fat•11111,4 :u: cun;uu,vr 1nntJllrillons. 1'hrncver )cvoloper retains ownership and the obllgatt4u to m.tlnteln On -site facilities
.hen, in that event, Service Comp.Iny n,Jy impose reasonable requirements to
tssure that infiltration lntu thu !;ewage -011ectton system is et all times
+tthin allowable limit:,. Developer sh,111 repair, at its o+.n cost and expense,
:he Internal sewage collection nV"I l to av(Ild, at all times, excessive infiltra-
ton into ;;uch on -site sewal;c• ColicCLtOtt :;}':;tCm•
In r.ddition to the contrlbution of the internal water distribution
nd sewage collection vyntemn and further to Induce Service Company to provide
otter trc.rtmcnt rind "ante water treatment pl.ult capacities, Developer hereby
grew to pay to Service Company as ,1 further Contribution in aid -of' -construction,
tic sums of money set forth on F:xhil It "C" attrinc�d hcrcta and ct::dc a part hcrco(.
Ire payment by Developer Of the .;,,in net forth 1n Exhibit "C" In accordance with he times and the manner set rorth therein r.l,all be considered essential to
he continued performance by Service Cotnpatty of the terms and conditions of
his agreement. As used III this agreement, the term "contribution in aid -of -
instruction" shall mean both the contribution of lines and the contribution
f mottles rct forth In F.xhlbit "C"•
Payment of the contribution In aid -of -construction does not and will
It result In Service Company waiving any of its rates, rate schedules or rules id regltlatlun!;, and their cnft,rcccu'nt :;hall nut he Iffcctcd II any manner
atsocver by Developer making the contribution• Service Company shall not be
,118ated to refund to Developer ,Illy portion of the valu,: of the contribution
r any reason whatsoever. nor ;;hall Ser"c` Cor,p,7nv pay any interest or rate
interest upon the contribution:;. ""I' t as may be specifically provided
rein.
Neither Develope- nor any person or other entity holding any of the
operty by, throup,h or unLer Developer, or otherwise, ::hall have any present
future right, title, claim or interest In and to the contributions or to
y of the water or sewage facllltics .Ind properties of Service Cuapany,
I prnhlhitlonv applicable to Developer with d
entities. rr:+peer to no n (end u( Conen
or can
lull::, no intonepaymenon s
t ,tlJ rtn,trlbullnn:: :lad oreotht-wke, re. appllcrible
rill prrrnner
:r.
Any Wirt, or consumer of water :.vrvi::c or sewage :(evict' shall not be
Itl('d to off::•:t any bill or hill::
Co
rru.lrred by S Yllcu COT -pally for such service
services a�.7lnst rile eontrlbutir.nea. )vvelopur sit,tll be
N
not
t•ntitled Cc, offset contributions eg.11nSC any Cl;l l:1 et' ClriService Coc.p Jn\'•
all
7. Within a period of fifteen (15) days after the execution of this
rV
c'D
tract, at the expense of Developer. Developer agrees to either deliver to
vice Company an Abstract
of Title brought up to date, which abstract shall
retained by Service Company, and remain the property of Service
Company, or
furnish Service Compr,ny, at Developer's expense, an opinion of title from a
Lified attorney -at
-'maw with respect to the Property, will(), opinion shall Include
irrent report on the status of the title setting out the
name of the legal
le holders, the outstanding mortgages, taxes, liens and covenants. The
unions of this paragraph are for the purpose of evidencing Developer's
It. right to
grant the exclusive rights of service contained in this
!event. Any mortgage or lien holder having an Interest In the property
he required to
.1 join In the grant of exclu:ll-e service rights set forth
Illy, agreement,
-6-
8. The parties hereto recognize that prior to the time Service
Company may actually corunc.ncc upon a program to Barry out [hr terms and
condition, of this agrccmcnt, Scrvicc f:ortpany oust obtain approval from
various State and Local governmental authorities having Jurisdiction and
regulatory power over :he construction, mainteaancc and operation of water
and sewage facilities.
to If Elie Property is not under franchise or certificate
o.herr., then St:rvlcr• Ctnnp.ury ,tpr,•,•,, lh,rl It will diligently :old earnestly
at (l:, •xpe,um mako [he ne,•t•:;,;.rev arld pr•opr•r applic;ttinnr, to ;Ell governmental
111thoritit and will purr,ue the :;dine to Lilt, end that It will u::o its best
effort~ to obtain such approvals_ Upon Service Comprny's final approval
>f the plans for Developer's water dlstribution and sewage collection
;ystcros, it shall be the renpensibility of the Ilevcloper's ues: .o forward such plans to the npI>rrpciate rcg;rlatory agegn engineer
ncies for their approval.
9. Developer agrees with Scrvicc Company that all water facilities
nd sewer facilitics used, usrful or held for use In connection with pro-
idiug water service and scwa;.c service to the Property, shall at all times
emain in the sole, complete and exclusive ownership of Service Company, its
uccessort: and assigns, and any person or entity oaring any part a`. the
roperty or any residence, building, or unit constructed or located thereon,
hall not have any right, title, claim or interest in and to such facilities,
r any part of them, for any purpose, including the furnishing of water or
ewagc services to other persons or cntlrics located within or beyond the
ircits of the Property.
10. Developer, as a further and ctsential consideration of this agree-
ent, agrees that Developer, or the successors and assigns of Developer,
tall not (the words "shall not" being used in a mandatory definition)
tgage in the business or husinesses of providing water or sewage services
r the Property during the period of tine Service Company, its successors
id assigns, provide water or e,ewage services to the Property, It being
le Intention of the partic:: hereto that under the foregoing provision and
so other provisions of tills agreement, Service Company shall have the
le and exclusive right and privilege to provide water and sewer services
the property and to the occupants of each residence, building or unit
nstructed thereon.
I1. Service Company •.erces that the charges for service availability
i the rates to be chargea to Developer
and individual consumers of water
.,vice and sewage service shall be those set forth in the tariff
of Service
npany and Extension Policy approved by the Florida Public Service Commission.
+ever,
c
notwlthstandlng any provislon In till:: agreement, Service Company,
: succe::;:ors
or assigns, may establish, amend or revise from time to
ie In the future and enforce charge:;,
O
CO
rates or rate schedules so established.
revcr, such charges, rates or rate schedules shall
at all times be reasonable
subJect to the regulation of the Public Service Commission, if applicable,
all
N
�
MAY be provided by law. Rates charged to P—cloper or coru:u:rers
;lied upon the Property :;hall at
.111 time:: he idt:nlical to rate:; ch;rrged,
the same classffieatlon of service, ae; are or may be In effect through-
Elie set -vice
t-n
W
area of Service Company. Exhibit "P;'. Guaranteed Revenue
cement, shall be considered an integral
CD
part of this Developer Agreement.
Notwithstanding any Provision in tills agreement, Service Company
establish, amend or revise from time
to time In the future and enforce
es and regulations covering both water service and sewage service
to the
)erty, However, all such rules and regulations
so established by Service
)any shall at all times be reasonable and subject to
such regulations as
be provided by law or contract.
lie
p
Any such initial or future lower or increased charges, rates,
schedules, and rules and regulations established, amended, or
Iced and enforced by Service ConP:uiy from time to time in the future,
.l be blhding upon Developer•; upon an•y pt•rs()n or other cntlty 6oldfng
through or under Developer; 0"d upon any u::cr or consumer of the
r service and sewage service provldud to the Property by Scrvicc Company,
12. Developer, or any otmer of any parrcl of the Property, or any
pant of any rcrldence, Duilding, or unit located thereon, shall not
the right to and s11a11 not connect any eau:;timer instatlntloll to
:rater or sewer facilities of Servlre Cnmpnny until formal written
leaden has been made to Servile Company by the• prospective user
iter service and sewage servile, or either of them, In .ucordance
the then effective rules and regul.ttion:c of Service Company and approval
ruck connection har, been grill„ed.
Although the responsibility for connecting the consumer Installa-
to the lines of Service Company nt the point of delivery is that of
leveloper or others than Service Company, with reference to such
ctions the parties agree as follows:
(a) All consumer fnt:tallatlon cunnectluns must be
Inspected by Service Company befure back[illing and
covering of any pipes;
(b) Notice to Service Company requesting an Inspection
of a consumer installation connection may be given by
the Plumber or Developer and the lnspcction will be
made within twenty-four (24) hours;
(c) If the Developer does not comply with the foregoing
Inspection provisions, Service Company may refuse service
to a connection that has not been Inspected until Developer
complies with these provisions.
The parties hereto further agree that the costs or expenses of
•ucting all consumer tnstr:lctlons and all costs and expenses of operating,
ing and maintaining any consumer installation shall be that of Developer
'ers than Service Company.
13. This agreement shall be hlnding upon and shill Inure to the benefit
eloper, Service Company and their respective asslCn:; and corporate
sors by merger, consolidation or conveyance. however, in the event
per has not paid for and delivered to Service Company the contribution
-of-construction provided to be delivered to Service Company by
?er under the terms of this agreement, then this atircement shall not be
:onveyed, assigned, transferred or otherwise disposed of by Developer
the 1rritten consent of Scrvicc Cn^tpany first having been rbt incd,
Service Company agrees not to unreanonably withhold such consent.
4. Until further written notice by either party to the other, all
provided for herein shall be in writing and transmitted by messenger,
or by telegram, and if to Developer, shall be mailed or delivered
doper at:
to Service Company, shall be mailed or delivered to It at:
-8-
15. The rights, prIvilcges, oblig,'Lintt:; and covenants of Developer
S•:rvicc Ccmpany shall survive the completion of the work of Developer
h respect to completing the wttcr and :;ewer facilities and services
any stncc arca and to the PruperLy ,w, a whule.
16. This agreement supersedes all previous agreements or represent-
sns, either verbal or written heretofore in effect between Developer
Service Company, made with respect to the matters herein contained,
when duly executed, constitutes the agreement between Developer and
lice Company. No additions, alterations, or variations of the terms
:his agreement shall be valid, nor can provisions of this agreement
,aived by either party unless such additions, alterations, variations
,aivers are expressed in writing and duly signed.
This agreement ;hall be gnvcrned by the law, of the Statc
lorlda .in,] It shall be and bc.;ume effective LumcJlntcly upon execution
nth parties hereto. This agrecment shall be filed for record with the
Ida Public Service Commissio: upon its execution.
In the event the Service Company or Developer is required to
rce this agreement by court proceedings or otherwise, by instituting
or otherwise, then the Service Company or Developer shall be entitled
ecOvOr all Costs incurred, Including reavonablc attorney's fees.
IN WITNESS WHEREOF, Developer and Service Company have
tted or have caused this agreement, with the named Exhibits attached,
duly executed in several counterparts, each of which counterpart
be considered an original executed copy of this agreement.
SS AS TO UEVIiLOI0I:g:
SCIC1i1DT IN1DUSTR I INC.
BY: //�—
iS.AS TO SERVICE CO.: T 19RAC UTILITIES, INC.
Lu1
MORTGAGE .JOINDER
(If Alplicable)
RY:
ATTEST:
-9-
0-
R • f
NCTAR1' Cl.I:TIFICATES
I; 01' 11L01t11f A
1'Y OF HROWARU
I HEREBY CERTIFY THAT ON th►s 3 1 dayof
•e me personally appeatod tinc.L c�h..;
town to be tite person who sigtu:d the fnrcb•nln[o
and purposes therein menttoue.l. 6 instrument for the
WITNESS my signature and official seal at
County and State, the day and year last aforesaid.
notary Publ
OF FLORIDA
f OF BROWARD
I HEREBY CERTIFY THAT ON [his ;, day of;[,.e, I 19y/
,,
me personally, appeared/,,., ,• �1 I % J
(/i(r. fAr_.. and
respectively of TASIARAc UTILITIES, !NC.,
!oration under the laws of Florida, to me known to be the persons
tgned the foregoing instrumen•. ae such officers, and each of whom
:lodged the execution thereof to be their free act and deed as
ifficers for the uses and purposes therein mentioned, and they
d thcrcto the official seal of said corporation, and that the sai•.
meat Is the act and deed of ::aid corporation, such execution having
uthnrizcd by the governing body therr,of.
WITNESS my signature and off lcial .e.tl It
aunty and State, the day -:id year list aforesaid.
Notary Public
IF FLORIDA ; •�
nF• •
r
111"REB CERTIFY THAT ON thl:: d;ty of 17 °Fa
me persona44,Y appeared N
\ ^7
ivcly, of
ration under tite "'Xs of the Statc of Florida, to me known to be
son:; who signed the E•OCegoing lnstru:.ent as such officers, ar,d
whom acknowledged the e:cccutian thereof to be their free act
d as such officers for thc'ysu:; and purposes therein mentioned,
y affixed thereto the official :,eal of salt corporation, and the
:trument !s the act and deed o[ 541d corporation, such c•zc[ution
been authorized by the governing body thereof.
ITNESS my signature and official seal at
inty and State, the day and year last aforesaid.
Notary Public
No Text
I
F:\11"IT "Il"
SC.IIFOUL; I1F_�II�CFN CIL1!Zt;F:S
5/8 x 3/4" meter
$ 60,00
1" meter
150.00
1Y" meter
210.00
2" mete.
300.o0
bove meters are of the disc -piston, positive displacement type meters
11y used for household and similar 10w volume y buildings and small commercial establusage such as mul[i-
lsfunents,
s required of a size larger than )r large commercial or those listed above and primarily for
"master meter" in,tallations, shall be of the
le or compound type. Installation of such meters shall be in permanent
Ite vault designed for the purpose and approved for installation by
.c Company's engineer. Installation costs of such meters, appurtenances
Wits shall be determined by Service Company's engineer by special
ation with prospective consumer.
of Payment - Payable in advance of the meter installation
�} •J �- eJU�
1:X111111T "C"
ADDiTiO\AL. CO;:TfiICUTT0N5 IN A111 OF CONSTRUCTION
In artier to further Induce Scrvlcr Conyuu;y to provldc and maintnin
good, adequ.ltc and a-ifficicnt central water an.l sewnl;c [ICLlitLcs, Developer
hereby agrven to abide by the: provi::ivnu of tills l:xhlbit and to ply to
Service Company, In accordance with the terms and conditions set forth
below, the sums of money set forth herein as additional contributions
in aid of construction.
The pArties hereto recognize that Service Company has filed with the
Florida Public Service Commission, a document entitled "Tamarac Utilitiehe.
Extension Policy", a copy of which s, Is attached hereto and made a part hereof.
The terms, conditions and provisions of said Extension Policy arc incorporated
herein by reference as if fully set forth herein. Developer agrees to be
bound by the provisions of sail yxtension Policy, including, but not limited
to, the provision for payment of connection charges; conveyance of "on -site" facilities Cc Service Company, as provided for In this Agreement; and, payment
of a contribution In aid of construction for Developer's hydraulic share
Of off -situ facilities (ors said terminology is explained in the "Extension
Policy') extended by Service Company to Developer's property.
On -Site Ch_ arge: (Not Applicable) On -Site lines are to be constructed by
Developer and dedicated to Service Company by Developer.
Off -Site Charge:
Developer shall pay to Service Company $245.'00 per unit for every single
family unit or equivalent or multi -family unit constructed on land covered by
this "veloper'a'Agreament.
" Title payment is to reimburse Service Company for the cost of providing
Off -site" trunk lines. (Hydraulic share of transmission lines, collection lines,
force mains, and pump stations.)
That specific cost is: 291 Units X $245.00/Unit - $71,295.00
1 Rec. Center - 1 ERC X $245.00/Unit - 245.00
Total �$71,540.00
Plant C_ np�cit Char e: (Hydraulic Shrnro of Plant Capacity)
291 Units X $183.00/Unit - $53,253,00
1 Rcc. Center - I ERC X $183.00/Unit - 183.00
Total + $53.436.00
Payment Prov(slnna:
1. Plant Capacity Charge is due In full at time of execution of agreement
to reserve plant capacity.
2. Off -Site Charge - payable per lot at the time each lot is ready for
requested service.
The Service Company specifically covenants -and agrees that for each and
every connection fee (in the amount of $183.00 paid pursuant to the terms of
this Agreement, the Service Company shall reserve for the benefit of the
Lands described upon Exhibit "A" to this Agreement, one (1) ERC of hydraulic
+ater and sanitary sewer plant capacity. Said reservation shall be good with -
lot any additional consideration or payment therefor for a period of two (2)
,ears from the date of this Agreement. Said reservation shall inure to the
,enefit of any succeasoru or grantees of developer as to all or portions of
he lands described upon Exhibit "A".
;n
m
N
v
• Tea •..7�.t
EX1111ITT "D"
GUARANTEED RFVENIIE AGREF.KE:NT
1. Tm2_le0entat1on: Upon receiving a "Certificate of Occupancy"
for any unit, or twenty-four months from thn date of this agreement,
whichever occurs first, Developer agrees to pay the Service Cotrpany
Guarantued Revenues based upon the following:
a) Payments for each unit covered by this agreement shall
be at the minimum monthly charge for w;iter and sewer service
for each equivalent residential connection in accordance with
the Service Company's Tariff as approved by the Florida Public
Service Commission. "he present amount is $114,35
b) Guaranteed Revenue Payments shall commence on the first
Of the month following the receipt of the Certificate of Occup-
ancy, or twenty-four months from the date of this agreement,
w'1icllever shall occur first-.
c) As units are sold and the accounts are placed in the
new owner's name, the Developer shall be relieved of the res-
ponsibillty for the Guaranteed Rev%•nue payments for that unit.
2. Treatment of Guaranteed Revenues: Service Company hereby
advises Developer that Guaranteed Revenue payments made by the Developer
shall be considered as revemjc (income) on the Service Company's books
and reports filed with the Florida Public Service Commission. Under
no circumstances shall such Guaranteed Revenue Payments be considered
contributions in aid of construction. It is further recognized, under-
stood end agreed that such guaranteed revenues are in lieu of actual
revenue from consumo.rs for that Interim period of time prior to the
construction and occupancy of dwellings and buildings.
7. Failure To Pay: Failure to pay the Guaranteed Revenues within
fifteen (15) days of being invoiced shall be considered a default of this
Agreement. As a consequence of such default by the Developer, any reserved
plant capacity under this Agreement shall automatically be rescinded and
any payments made to reserve such plant capacity shall be applied against
the outstanding invoices for Guaranteed Revenues.
CO
4. 1: ulrcment 1'n F,ny: The requirement for the payment of said -_j
guaranteed reveries shall be a covenant runnlnt; with the land and shall
be a cundition precedent to further service and binding upon the Developer, Its ruccen:wrs and a:;slgns or !:liharqurnt ow•ncru holding by or through
the Developer.
•
•
lie
/C n EXHIBIT C
BOUNDARY SURVEY
BY
s PULICE LAND SURVEYORS, INC.
5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
(305) 572-1777 . PAX (305) 572-1778
LEGAL DESCRIPTION:
Lot 3, Block 373 of "WESTWOOD COMMUNITY SEVEN"
according to the plat thereof as recorded in
Plat Book 81 at Page 28 of the public records
of Broward County, Florida.
NOTES:
1) Flood Zone: AH
2) Base Flood Elevation: 11.0 feet
3) Community # 120058 0185F
4) Map Date: 8-18-92
5) Lowest Floor Elevation: 12.5 feet
6) Garage Floor Elevation: 11.7 feet
7) Lowest Adjacent Grade: 11.6 feet
8) Elevations are based on N.G.V. Datum.
9) This survey is certified exclusively to:FUUNb
Luigi Perri. rlpe
NOTICE:
This survey was prepared without
benefit of a Title Search,
therefore only those easements
on the recorded plat are shown.
13
NORTHWEST
71.t. C JRT
12
1 10 N
S If.00x i7i
2 4
NORTHWEST 71.t. PLACE
0
8,43
60.00'
DRAINAGE EASEMENT lao
— — -
I
43.15'
CONCRETE SLA13
FLOOR ELEVATION: 12.42'
GARAGE ELEVATION: 11.55'
5.35, I j
C 3.35'
4.70'
1e.0' unurr & J
DRAINAGE EASEMENT
BLOC — } j
PIZ
FILE-
PERRI, LUIGI
SCALE:
1" = 20'
ORDER NO.-
31724
DATE=
12-21-95
10020 NW 71st Place
Tamarac, Florida
FOR'
PERRI
Fie] ele
CERTIFICATION -
I Hereby Certify that this sketch of su!Vey meets the minimum technical
standards set forth b, the Flor;du 5oara ;,f Professional Lond Surveyors
in Chapter 61G17-6, Florida .Administrative coos, pursuant to Section
472.027, Florida Statutes.
Copies of this skatdh are !nvG jt unle embusswith the seal of the
undersigned.
�_-jar,.":.�'i .�,�"I' •f , J`'�/fY/��" �%v
John F. PuliGe, Reg. Land S,Ir yor #2691
Michael Ch)rles Flynn, Reg, Lrn Surveyor #3281
State of Florida
•
le
EXHIBIT D
TAMMAC WATER AM SEWER AGREEME11T
DEVELOPMENT
METER aCHEDULE FOR -RESIDENTIAL USF,
# OF ERC'S SIZE OF
BUILDING # # OF UNITE WigIER SEWER #--OF METERS METERS
10020 NW 71 PL 1 1 1 1 5/ Sit
7-MALE 1 1 1 1
METER SCHEDULP FOR DION- RESIDENTIAL USE
# OF ERC'S
SERVICE USE ## _OF UNITS WATER — SSE ER OE METERS
N/A
SIZE OF
METERS
N/A DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = _ __ _/A _ — ERC' S ( SEWER)
TOTAL ERC'S _ N/A (Water) N/A _(Sewer)
10 TUWWSDA-INDIV.
20
951211