HomeMy WebLinkAboutCity of Tamarac Resolution R-96-116Temp. Reso. # 7387 - April 11, 1996 1
City OF TAMARAC
RESOLUTION NO. R-96-
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 LENNAR
HOMES, INC., FOR THE WELDON (BUILDINGS D, E, F, I, J
AND K) PROJECT LOCATED ON THE NORTHEAST
CORNER OF NW 77TH STREET AND NW 96TH AVENUE
FOR 344 MULTI -FAMILY RESIDENTIAL UNIT WATER AND
SEWER CONNECTIONS REQUIRING 240.8 ERC'S FOR
WATER AND 240.8 ERC'S FOR SEWER REQUIRING
$663,404.00 IN CIAC FEES; AUTHORIZING THE PHASING
OF THE CIAC FEES BY BUILDINGS D, E, F, I, J AND K;
ACCEPTING PHASED PAYMENTS OF $476,956.00 AND 344
MARMON CREDITS HAVING A VALUE OF $186,448.00
FOR THE CIAC FEES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the developer, Lennar Homes, Inc., is constructing 344 multi -family
condominium units for the Weldon (Buildings D, E, F, I, J and K) Project located on the
northeast corner of NW 77th Street and NW 96th Avenue (attached hereto in map form as
"Exhibit 1") in accordance with the Site Plan as approved by the City Commission on
August 11, 1993; and
WHEREAS, the developer, Lennar Homes, Inc., has offered a Water and Sewer
Developer's Agreement to the City of Tamarac for the Weldon (buildings D, E, F, I, J, and
K) Project as required by Code Sections 10-101, 10-121(d), 10-122(f) and 10-123(e); and
Temp. Reso. # 7387 - April 11, 1996 2
WHEREAS, the Water and Sewer Developer's Agreement requires the purchase
of 240.8 ERC's for water and 240.8 ERC's for sewer for a combined CIAC fee of
$663,404.00 as required by Resolution R-94-210; and
WHEREAS, Lennar Homes, Inc. owns Marmon Credits, which have a value of
$542.00 each, which are honored by the City and which can be applied against water and
sewer CIAC fees; and
WHEREAS, Lennar Homes, Inc. will apply 344 Marmon Credits at a total value of
$186,488.00 toward the CIAC fees; and
WHEREAS, the Developer requests that the payment of the CIAC fees be paid in
six phases using each Building (D, E, F, I, J and K) as one of the phases in accordance
with City Code Sections 10-122(e) and 10-123(f); and
WHEREAS, it is the recommendation of the Director of Utilities that the Water and
Sewer Developer's Agreement with Lennar Homes, Inc., be approved and executed and
the payment of the CIAC fees required for the Weldon (Buildings D, E, F, I, J and K)
Project using Marmon Credits and phasing 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 execute a Water and
Sewer Developer's Agreement with Lennar Homes, Inc., for the Weldon (buildings D, E,
F, I, J and K) Project located on the northeast corner of NW 77th Street and NW 96th
Avenue requiring $663,404.00 in CIAC fees and accepting phased payments of
$476,956.00 and 344 Marmon Credits with a value of $186,448.00 for the CIAC fees.
1
Temp. Reso. # 7387 - April 11, 1996 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to execute
a Water and Sewer Developer's Agreement (attached hereto as "Exhibit 2") with Lennar
Homes, Inc., for Weldon (Buildings D, E, F, I, J and K) Project located on the northeast
corner of NW 77th Street and NW 96th Avenue for 344 multi -family residential unit water
and sewer connections requiring 240.8 ERC's for water and 240.8 ERC's for sewer
requiring $663,404.00 in CIAC fees.
SECTION 3: That the appropriate City Officials are hereby authorized to accept the
phased payments of $476,956.00 and 344 Marmon Credits with a value of $186,448.00
for the required CIAC fees.
SECTION 4: That the 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& If any clause, section, other park 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.
Temp. Reso. # 7387 - April 11, 1996 4
aECIION 7 This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APP
1996.
ATTEST:
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CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to for
MITCHELL S. KRAFT
CITY ATTORNEY
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WELDON BUILDINGS D, S. 3r, 1, J, AND K
WATER AND SEWER DEVBLOP33-8 AGREEMENT
.17
WATER AND SEWER
DEVELQPERIS AGREEMENT
FOR: WFLDON CaUILDINGS D, E, F, I, J AND K
(Name of Development)
GENERAL LOCATION: N.E. CORNER OF NW 77tH STREET
ANLN-, W . 9 6TH—AVENUE
THIS AGREEMENT effective this day of ,
1991j2_ 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
L NNA
at 7600 NOB HILL ROAD, TAMARAC, FLORIDA, 3�3,2,1
hereinafter called "DEVELOPER".
0 and
LENVAR HOMES, INC.,
at 760Q NQB HILL RQAD,TAMARAC, F
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
0 TUWWSDA--1
1 950601
WHEREAS, DEVELOPER owns or controls certain real property in
Sroward 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, 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 "H"; and
WHEREAS, the City Commission has approved this AGREEMENT and
has authorized the proper city officials to execute this AGREEMENT
by motion pa sed at a regular City Commission meeting on
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
nature of the interest is best described as NO. If n°' then the
0 . If DEVELOPER is not the OWNER, then
TiJWGVSDA-1
2 950601
the OWNER joins in this AGREEMENT and agrees to be jointly and
severally liable for the responsibilities of the DEVELOPER
enumerated in this AGREEMENT.
B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to
in this AGREEMENT as ERC, is the assumed average daily flow of a
detached single-family residential unit.
C. The term PROPERTY, refers to the real property described
in Exhibit "A" attached to and incorporated into this AGREEMENT.
D. The term GUARANTEED REVENUE refers to a fee paid by
DEVELOPER to defray the cost to CITY of maintaining reserve water
and sewer systems. The GUARANTEED REVENUE is equal to the
applicable monthly service availability charge for water and sewer
service.
PART II. DEVELOPER'S OBLIGATIONS
01
A• INUALLATION5 IN MMPLIANCE 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 Utilities Director, 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 Utilities Director, IF THIS AGREEMENT IS FOR (10)
OR MORE ERC'S, DEVELOPER shall pay to CITY a Plan Review Fee of
. TUWWSDA-1
3 950601
$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.
DEVELOPER shall, at his expense, and at no expense to the
CITY, retain the services of a registered professional engineer for
the purposes of providing necessary inspection and supervision of
the construction work to insure that construction is at all times
in compliance with accepted sanitary engineering practices and in
compliance with the approved plans and specifications. DEVELOPER
shall notify CITY in writing of such appointment. A copy of each
field report shall be submitted to the Utilities Director's
authorized representatiive. Should there be cause or reason for
the DEVELOPER to engage the services of a registered engineer
(other than the design engineer) for 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.
DEVELOPER and his Contractor shall arrange for and hold
a preconstruction meeting with the Utilities Director or his
TL7WWSDA-1
4 950601
authorized representative. Notification of said meeting shall be
0 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.
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 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.
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.
isT i]WWSDA-1
5 950501
DEVELOPER shall, at his own expense and at no expense to
the CITY, furnish to the CITY one complete set of reproducible
mylar and two sets of prints of As -built drawings prepared by a
Florida registered engineer who designed the water distribution and
sewer systems or by any other engineer retained by the DEVELOPER.
The As --Built drawings shall be approved by the Utilities Director's
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. CONTRIBU= PAYMENTq
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.
0 TUWWSDA--1
6 950601
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 # 344_ Units X_•70_ ERC's Per Unit @ $1,2-0.5.00 Per ERC
Non -Residential # 0 ERC's @ $1.205_._00 Per ERC
Total ERC's 240.8 (WATER) Total Contribution $2
residential # a44 Units X .70 ERC's Per Unit @ $1,550.OQ Per ERC
Non -Residential # 0 ERC's @ $1,550.00 Per ERC
Total ERC's 240.8 (SEWER) Total Contribution $373,240.,QQ
Total $663,404.00
Less Marmon Credit of 344 units at $542.00 per unit 1 4
in accordance with Marmon Agreement Net Total $476,956.00
The DEVELOPER has paid to the CITY the sum of Four
Hun thousand n r fifty six d ll
47 * for contribution charges. Unless City Commission,
at the time of adoption of this AGREEMENT by Resolution, approves
alternative payment procedures, all Contribution charges have been
paid, as evidenced by the signature of the Finance Director:
Stanley Hawthorne, Finance Director Date
* This amount will be paid in phases by Building Numbers as shown
on "Exhibit D".
I. GUARANTEED REVENUES
1. DEVELOPER shall pay to the City, GUARANTEED REVENUES
when due, at the rates in effect when due, as amended from time to
time. GUARANTEED REVENUE is equal to the minimum service
availability charge for water and sewer service. GUARANTEED
REVENUES are due and payable monthly.
TUWWSDA-1
7 950601
2. The payment of GUARANTEED REVENUES required by this
AGREEMENT shall commence six (6) months after the payment of CIAC
Fees. Has a Plat for the property been recorded with Broward
County X YES NO. If NO, then GUARANTEED REVENUES commence
one (1) year after the effective date of this AGREEMENT.
GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to
the PROPERTY unless otherwise specified by this AGREEMENT.
3. GUARANTEED REVENUE, if initiated shall no longer
accrue for a unit when metered water and sewer service is
established at a particular building and the required customer
deposits are paid to the CITY. However, if accounts are open in
the DEVELOPER'S name and closed without a new account being
established, the GUARANTEED REVENUES shall resume.
4. The parties acknowledge the GUARANTEED REVENUE
payments made by the DEVELOPER shall be considered as revenue
(income).
NECESSARYJ. MODIFIQ&TION TO CITY'S WATER OR SEWEE FACILITIES MAY BE
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.
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
TUWWSDA-1
8 950601
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.
Should DEVELOPER be in default of this AGREEMENT, it is
agreed that the CITY shall have the right to exercise any of the
following sanctions or penalties:
1. Any reserved plant capacity under this AGREEMENT may
be rescinded and forfeited.
2. The site plan for the PROPERTY is voidable by
Resolution of the City Commission.
3. No final inspections shall be approved by CITY.
4. No Certificate of Occupancy shall be issued by CITY
1* 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.
Prior to acceptance of the work required to be done,
DEVELOPER shall, without cost to CITY:
TUWWSDA-1
9 950601
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
acceptable to the CITY.
4. Furnish CITY with a satisfactory surety bond or
letter of credit in the amount of twenty-five percent (25%) of the
cost of the work, in a form acceptable to the CITY, guaranteeing
all work installed pursuant to this AGREEMENT against defects in
materials, equipment or construction for a period of not less than
one (1) year from date of acceptance of same by CITY.
5. Furnish CITY with T.V. inspection and air test of
the sanitary sewer collection system performed one (1) month before
1- year warranty period expires.
6. Install cleanout on consumer's sanitary service in
TUWWSDA-1
10 950G01
0 accordance with current Utility Standard Detail.
PART III. CITY'S OBLIGATION
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 Utilities Director, 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 24n-A ERC's
of water service and 240.8 ERC's of sewage treatment plant capacity
for DEVELOPER.
The CITY has entered into a "Large User Agreement" with
Broward County, (the "COUNTY"), in which the COUNTY has agreed to
make future sewage treatment capacity available at its regional
wastewater treatment plant. In the event CITY cannot provide
sufficient capacity, as a result of COUNTY's action, the CITY's
sole obligation shall be to refund DEVELOPER'S contribution charges
as described in this AGREEMENT, for those units for which CITY is
unable to provide capacity provided that DEVELOPER is not in
default of this AGREEMENT.
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11 950601
0 C.
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:
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 Hroward 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.
Z. CITY shall be a party of said assignment and shall
not withhold approval of assignment unreasonably.
3. DEVELOPER shall remain primarily liable to CITY for
the terms and conditions of this AGREEMENT unless assignment is
made in compliance with this section. CITY agrees to execute a
"satisfaction by assignment" for DEVELOPER if this AGREEMENT is
properly signed.
DEVELOPER agrees to make full disclosure to any party
Purchasing all or any part of the PROPERTY encompassed by this
40 AGREEMENT as to all the terms hereof, and with particular reference
TUWWSDA-1
12 950601
le-5,� -//6,
to the GUARANTEED REVENUES set forth in Section I of Part II
herein.
B . FEREAIOF 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.*
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 H19=9 OF CITY
CITY shall have the exclusive right to furnish water
service and sewage collection service to consumers within the
PROPERTY covered by this AGREEMENT.
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
TiJWWSDA-1
* See Page 20 13 950601
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 TAMAR.AC UTILITIES
WEST WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and
agrees that the rates are subject to change at any time by CITY.
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 . 9YSTEM
Q9NDITION
ON CONSVOER! ,5 PROPERTY TO
BE KUT IN QOQD WORKING
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.
0 TLTWWSDA 1
14 950601
•
r
-]
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 Utilities Director has first
approved the use and the connection, and there has first been made
adequate provisions for compensating CITY for such water.
Y*i+tx4OYT041
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,
portion of this AGREEMENT is for
unconstitutional by any court of
portion shall be deemed a separat
provision and such holding shall no
remaining portions hereof.
TUWWSDA-1
15
t
sentence, clause, phrase or
any reason held invalid or
competent jurisdiction such
e, distinct and independent
affect the validity of the
950601
0 K.
This AGREEMENT shall be recorded by the CITY among the
Public Records of Hroward County, Florida, for the particular
purpose of placing all owners or occupants of properties in
DEVELOPRER's PROPERTY connected to or to be connected to said water
and sewer systems of CITY upon notice of each and every one of the
provisions herein contained to the same extent and with the same
force and effect as if said owners and occupants had joined with
the parties to this AGREEMENT in the execution thereof; and the
acquisition or occupancy of real PROPERTY in DEVELOPER's PROPERTY
connected to or to be connected to the said water and sewer systems
of CITY shall be deemed conclusive evidence of the fact that.the
said owners or occupants have consented to and accepted the
AGREEMENT herein contained and have become bound thereby.
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
crass -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.
�WIOIO W4
0 TUWWSDA-1
16 950601
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.
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
TUWWSDA-1
17 950601
•
•
•
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
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 property described in Exhibit
"A" 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 Utilities Director. 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.
DEVELOPER acknowledge
of Tamarac have ordinances that
materials into the sanitary
TUWWSDA-1
s that Broward County and the City
prohibit discharge of hazardous
sewer system. (Broward County
I3
950601
r4�� - 9 6-//&
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:
rQR—CITY OF TAMAR.AC_ EQE THE DEVELOPER:
Michael J. Smolak, V.P.
City Manager Lennar Hanes, Inc.
7525 Northwest 88th Avenue 7600 Nab Hill Road
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.
0 TUWWSDA-1
19 950601
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" - Receipt from third party for a portion of
contribution charge:
Included X Not Included
EXHIBIT "C" - A copy 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, and the meter size(s).
n
EXHIBIT n E Modification of CITY s water or sewer
facilities if required by Utilities
Director, if applicable.
Included Not Included X
*Paragraph B, Page 13
Provided, however, the foregoing does not apply to the Developers
Agreement between Tamarac Utilities, Inc. and Montwood, Inc. dated
July 31, 1979, which Agreement has been assigned to Lennar Homes,
Inc. (formerly F & R Builders, Inc.) by Assignment dated December
21, 1979.
isTUWWSDA-1
20 950601
�J
•
•
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below:
Signed, sealed and
delivered in the presence of:
ATTEST:P�
1
By: V
Robert S. Noe, Jr.,
City Manager
ATTEST:
aLBy:_ -
Carol A. Evans,
City Clerk
STATE OF FLORIDA:
: SS
ACCEPTED BY CITY OF TAMARAC
G EE
By:
rman Abramowitz,
Mayor G%
Date: y
By: N► ' +�P .
Robert S. Noe, Jr.,
City Manager
Date: -- 1 Z�/N—
If
aitchell
4ed as o orm;
B
S. Kr
City Attorney
COUNTY OF B LOft:
I HEREBY CERTIFY than on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared rmc1x1 Abra�r�oi {z t- �d
E. Aloe J- . A to me known to be the person (s
described in and who execu ed the foregoi g instrument and
acknowledged before me and under oath t executed the same.
WITNESS my hand and official
199�.
+jlll!!!J!!l!l/llllJ� lllll!!!l!!!lllll!!!l!llllll!!
j< ti►AY'�B K3rCt1.1ac1(Son > .
.� Notary Public, State of Florida ;
'[ t� Commission No. CC 539151 >
.� ONO My CommissioA Expims 05/l4/00 ;
�t 141W3-NOTARY • M NoWy Service & non int Co .
Personally known to me, or
( ) Produced identification
seal this LO day of
NOT Y PUBL 3q, State of Florida
at Large
AWN 4(-ksoAJ
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
(f) DID take an oath, or ( ) DID NOT take an oath.
TUWWSDA-1
21
ATTEST-,
By:
Type Name Martin L. Ri �fs
Asst.
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF Broward
DEVELOPER: 7;'O-
mes, ncBy: ,� �uG
Type Name Ml:-chael J. Smolak
Vice
President
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Michael J. Smolak
Vice President, Lennar Homes to me known to
be the person(s) described in and who executed the foregoing instrument
and he acknowledged before me and under oath that he executed
the same.
WITNESS my hand and official seal this `t day of
lg9b—.
rti f•,: ROSE SCHWARTZ
•: __ MY COMMI ON N CC 448587
�: a= EXPIF ES: MArch 27, 1999
y"�Rf t" ' Naidsd ilxu —Mry Rtwc Undarvnifen
( X) Personally know to me, or
( ) Produced identification
NOTARY PUBLIC, State cVFlorida
at Large
I-- ��h "�) P ---
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
N/A
Type of I.D. Produced
( ) DID take an oath, or (X) DID NOT take an oath.
0 TUWWSDA-1
22
F 40-191"
i Michael J. Smolak do hereby affirm that I am the
Vice President of Lennar Homes
and that I have executed a Water and Sewer Developer's Agreement with the City
of Tamarac for Weldon 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.
As..L — , - 4
r
(Signature)'
/n This day off
199
STATE OF FLORIDA
SS
COSY 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 Michael J. Smolak, Vice President
of Lennar Hcmes Inc. to me known to be the person (s )
described in and who executed the foregoing instrument and H -c—_
acknowledged before me and under oath that Re- executed the same.
199 &WITNESS my hand and official seal this, day of ,
.
•
ROSE SCHWARTZ
_h: Ira
MY COMMISSION/ CC 44107
EXPIFIF?S: March 27, 1999
Bonded Thm Notary p1M UnderM itm
(X) Personally know to me, or
( ) Produced identification
3a2�
NOTARY PUBLIC, State 61f Florida
at (" Large � Is `—
1 .1 � �/ J ` LI-) a—' '-, Z_
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
N/A
Type of I.D. Produced
40 ( ) DID take an oath, or ( )) DID NOT take an oath.
TUWWSDA-1
23
950601
r
L-.-A
•
•
ATTEST:
By:
Type Name
Corporate Seca tary
(Corporate Seal)
MORTGAGEE (If Applicable)
By:
Type Name
President
STATE OF FLORIDA
SS
COUNTY OF
I HEREBY CERTIFY that on is CI
authorized in the State aforesaid n
acknowledgments, personally appeare
be the person(s) described in and ho e
and acknowledged before a and
the same.
Xy, before me, an officer duly
in the County aforesaid to take
to me known to
ted the foregoing instrument
:r oath that executed
WITNESS my hand and o icial seal this day of
, 199
NOTARY PUBLIC, 'Sate of Florida
at Large
(Name of Notary Publ'c• Print,
Stamp, or Type as Commi ioned)
( ) Pe�$ovally know to me, or
( ) Produced identification
/ Type of I.D. Produced
( /) DID take an oath, or ( ) DID NOT take an oath.
TUWWSDA-1
23
950601
ATTEST: l OWNER: enna Homes, Inc
By: By:
Type Name Martin L. 4ef S Type Name Michael Smolak
&d okate Secretary President
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF Broward
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Michael J. Smolak
Vice President Lennar Homes to me known to
be thee rson(s) described in and who executed the foregoing instrument
h
and acknowledged before me and under oath that he executed
the same.
WITNESS my hand and official seal this day of
199- o
NOTARY PUBLIC, State f Florida
at Large
Rc)5 6) S Lh c.4.la j
ROSE SCHWARTZ
�n s1
;j"
MY COMMISSON 0 CC 44W67
EXPIRES: March 27. IM
,..F
Banded Thnr *ON PuW MewW n
( X) Personally know to me, or
( ) Produced identification
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
N/A
Type of I.D. Produced
( ) DID take an oath, or ( X) DID NOT take an oath.
0 TUWWSDA-1
24 950601
CARNAHAN • PROCTOR & ASSOCIATES INC.
CONSULTING ENGINEERS . SURVEYORS . PLANNERS
r�+11 LAND DEVELOPMENT CONSULTANTS
6191 WEST ATLANTIC BLVD., MARGATE. FL 33063 (3051972-3959 FAX (305)972-4178
NOT A SURVEY
(SKETCH AND LEGAL DESCRIPTION)
PARCEL"W"
KINGS POINT RELPAT
(WELDON)
LEGAL DESCRIPTION
PARCEL'W' OF THE PLAT ENTITLED 'KINGS POINT REPLAT'. AS RECORDED IN PLAT BOOK 166 AT PAGE 3 OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA,
NOTES
01. REPROOUCTIONS OF THIS SKETCH ARE. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
02. THIS DRAWING IS THE PROPERTY OF CARNAHAN, PROCTOR & ASSOCIATES, INC., AND SHALL NOT BE USED OR REPRODUCED
IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
03. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE UNDERSIGNED FOR RIGHTS -OF -WAY, EASEMENTS,
RESERVATIONS, AND OTHER SIMILAR MATTERS OF RECORD. SUCH INFORMATION SHOULD BE OBTAINED AND VERIFIED BY
OTHERS THROUGH APPROPRIATE TITLE VERIFICATION.
04. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS•OF-WAY, AND RESTRICTIONS OF
RECORD.
05. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
00. BEARINGS SHOWN HEREON ARE BASED ON THE NORTHERLY BOUNDARY OF PARCEL 'W' OF 'KINGS POINT REPLAT'. ('P.R.
156, PG, 3, B.C.R.), BEARING NORTH 79.53'27' WEST.
ABBREVIATIONS
A
a ARC LENGTH
B,C.R.
- BROWARD COUNTY RECORDS
(C)
- CALCULATED
C.M.E.
- CANAL MAINTENANCE EASEMENT
CH.
- CHORD
6
- DELTA (CENTRAL ANGLE)
D.E.
s DRAINAGE EASEMENT
(M)
- MEASURED
O.R.B.
- OFFICIAL RECORDS BOOK
(P)
- PLAT
P.B.
- PLAT BOOK
PG.
- PAGE IS)
R
- RADIUS
U.E.
- UTILITY EASEMENT
JhWPCA0oNsunvmsti a05JlPARCtUW,56(
SURVEYOR'S CERTIFICATION
1 HEREBY CERTIFY THAT THE DESCRIPTIO AND SKETCH SHOWN HEREON COMPLIES WITH
MINIMUM TE NICAL STANDARDS FOR S FIVE
AS CONTAINED IN CHAPTER 61G17-8, FLORIDA
AD IVE CODE, P NT TO S CTION 472.027. FLORIDA STATUTES. AND THAT SAID
D CRIPT AND CH IS 7RU RRECT TO THE
BEST DF MY KNOWLEDGE AND BELIEF.
IC E C. WEINBERG
FESSIONAL LAND SURVEYOR DATE OF LAST FIELD WORK: NOT A SURVEY
FLORIDA REGISTRATIONNO. 5273
WELDON I JOB NO-; 881205J I DATE: 4.18.96 1 SHEET i OF 2 SHEETS
EXHIBIT A
C I
b�
PARCEL 'TWIT
KINGS POINT REPLAT
(WELDON)
o.
A
ADDENDUM F.B./:P2;jj DATE I BY CK'D
JOB NO. 8812051 pw0 BYs JP/JM SCALEi I". 60' SKETCH 8 LEGAL
YIELDON CK'0 Bra JOATE. NONE SHEET 2 OF 2 SHEETS
0
Oppa o 0 0 0 o a o 0 0
d d A O O P P P A P A A
® p O M9 on f•1 �P .ti M
880 04 9. O w b .a f^+ a
N .i fp �0 u'1 .w W rU rl M N o,
P N S OO P a S P �D P:
44
M fA M
.-. C O O O
C P S 0P
0 S A P O A
o.
O V1 CA .{ A n -W IiD .N+ fn
It P1 -f �/1 �P O P �D 1'• O�
N CM 00
in 1f► W n O
w �
M
Cl O a O P O O O O O O
d rp'b o d �, �n Ln �n a Li
S O S P P tl ago a � A '
m rr
.pR fn'f h M M M P1 P1
.a S er
0 of
h v f_
Y
rn
M 9
00
.� N f`1 m Pl -1 4A 'O
W w W W YO p 00 W CO
q 07 ao C4 YJ m .r N
N W N N f V N
o : a N h a A
U
E.iII I -a I r.$
SNc�r J cr�
LENNAR HOMES, INC.
F/K/A F & R BUILDERS, INC.
ANALYSIS OF ASSIGNMENT'ON ERC/UNITS FROM MARMON
ERC/UNIT
UTILIZED
REMAINING
UTILIZED REMAINING
CUMULATIVE TOTAL
754.50
5/14/86
CLAIRMONT PARCEL A
157.00
CUMULATIVE TOTAL
911.50t
5/28/86
BELFORT PHASE 4
100.00
CUMULATIVE �OTAL
1011.50
11/26/86
CLAIRMONT PARCEL B PHASE
I 185.85
CUMULATIVE TOTAL
1197.35
6/24/87
CLAIRMONT PARCEL B PHASE
I
AMENDMENT NO. 1
2.00
CUMULATIVE TOTAL
1199.35
2/24/88
FAIRFAX I
-71.20
CUMULATIVE TOTAL
1270.55
5/11/88
CLAIRMONT PARCEL B PH.2
102.00
CUMULATIVE TOTAL
1372.55
5/25/88
FAIRFAX 21
73.85
CUMULATIVE TOTAL
1446.40
1/11/89
DEVON PHASE I
171.85
CUMULATIVE TOTAL
1618.25
4/12/89
FAIRFAX III
168.00
CUMULATIVE TOTAL
1786.25
I&3/89
GRANVILLE (PHASE 1)
172.25
CUMULATIVE TOTAL
1958.50
9/27/89
DEVON (PHASE 2)
156.00
CUMULATIVE TOTAL
2114.50
6/26/91
TRENT (PHASE 1)
150.72
CUMULATIVE TOTAL
2265.22
2/24/93
GRANVILLE (PHASE I)
16.00
AMENDMENT NO.1 ADD'L.UNITS
CUMULATIVE TOTAL
2281.22
2/24/93
TRENT (PHASE I)
16.00
AMENDMENT NO.1 ADD'L.UNITS
CUMULATIVE TOTAL
2297.22
3/24/93
LOMBARDY
70.50
CUMULATIVE TOTAL
2367.72
5/26/93
TRENT (PHASE 2)
204.00
CUMULATIVE TOTAL
2571.72
8/11/93
GRANVILLE (PHASE 2)
200.00
CUMULATIVE TOTAL
2771.72
8/11/93
WELDON (PHASE 1)
189.00
CUMULATIVE TOTAL
2960.72
8/24 /94
WELDON (PHASE 1A)
60.00
CUMULATIVE TOTAL
3020.72
7/_27/95
Weldon (Phase 2
Supplemental)
60.00
Cum. Total
3080.72
•
PAYMENT @ $ 5 4 2 EACH
$408,939.00
3088.50 85,094.00 $1,673,967.00
494,033.00
2988.50 54,200.00 1,619,767.00
548,233.00
2802.65 100,730.70 1,519,036.30
648,963.70
2800.65 1,084.00 1,517,952.30
650,047.70
2729.45 38,590.40 1,479,361.90
688,638.10
2627.45 55,284.00 1,424,077.90
743,922.10
2553.60 40,026.70 1,384,051.20
783,948.80
2381.75 93,142.70 1,290,908.50
877,091.50
2213.75 91,956.00 1,199,852.50
968,147.50
2041.50 93,359.50 1,106,493.00
1,061,507.00
1885.50 84,552.00 1,021,941.00
1, 1 66, 059. 00
1734.78 81,690.24- 940,250.76
1,227,749.24
1718.78 8,672.00 931,578.76
1,236,421.24
1702.78 8,672.00 922,906.76
1,245,093.24
1632.28 38,211.00 884,695.76
1,283,304.24
1428.28 110,578.00 774,127.76
1,393,872.24
1228.28 108,400.00 665,727.76
1,502,272.24
1039.28 102,438.00 563,289.76
1,604,710.24
979.28 32,520.00 530,769.76
1,637,230.24
919. 28 32,520.00 498,249.76
1,669,750.24
um'SIT .3
w1ftT zcf s
DATE
11 /8/95
4496
0
LENNAR HOMES, INC.
F/K/A F & R BUILDERS, INC.
ANALYSIS OF ASSIGNMENT ON ERC/UNITS FROM MARMON
AGREEMENT
BAL. FWD
GRANVILLE PH 3
CUMM. TOTAL
WELDON
CUMM. TOTAL
ERC/UNIT
UTILIZED REMAINING
3,080.72 919.28
100.00 819.28
3,180.72
344.00 475.28
3,524.72
PAYMENT @ $542/EA
UTILIZED
REMAINING
1,669,750.24
498,249.76
54,200.00
444,049.76
1,723,950.24
186,448.00
257,601.76
1,910,398.24
lomlor El
3oF5
'/�M&�-� t�q�T![`�►� Ma�Mpr� � ,12„1:•.yam.
j,�Ag1.lP^� ' y loS-
yc Suocl C�,o.^e'f i0iO3 A
t
pc{ober 22- 1q5'
city
a Tw-Arts
�luc
Sell 14.Wo Bath hv
. (iG1 ?rlocid`t its Yj2."ILeC
httnt yjp&nC URI" •" y11t
t-36w
�( �Yeyopsrfs �re�`n oC te3�t+*1'w •"t.
status eQgt^t
1]"r �. S�(sibsc-gA sC'/t ss official otiLiundr^ the s+l�
e
lettsc will Xesec-+e connections•p.lwcsc. r :trtf t•1
ining 1 ��s of
and city cL cs Inc. rsun^t is subO9 l O"t� t
.r t,scsKGOYL c U led4e 1•hst iIt �I Vic.Jul )l.ld14 f n (%A! .
9tdo will M t vithi> c1s 1►gcee tt �c 7nc.. t.t l4trlc���t
we�ttof t"t Cc.
Tavara. �lities, c i tigs:er Inandc h City °E . ,arsc.
sg yard We botww nh 't.tvven tion Or. the Wo s t !.41�
utddatea seaJuly 31/ 19191 as s erections P tswr
. � 1.4149
gehip r .sInc. Pw* opr cejpi°`1
to MZlscship 1 1lotla 17
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1
Res Developer's Agreement - 2400
Dear Mrs. Massaro$
This letter will serve as official notification of status of releases
and remaining balance of reserved eonnect�ons under the sale agreement
between Tamarac Utilities, Inc. and City of Tamarac.
This will acknowledge that r i R guilders, Inc. pursuant to provisions
of its Developers Agreement with Hontwood, Inc. which agreement is
subordinate to and a part of that certain Developer's Agreement. dated
July 31. 1979. by and between Tusarsc Utilities. Inc. and Hontuood, Inc.,
has paid. in full, the system portion of the contribution charge as de-
fined in that Agreement of Purchase and sale between Tam►rac Utilities.
Inc. and the City of Tsmaracl ?'lorids, dated July 71. 1979, as shown
below$ '
Original rdserved ERC eater and tower'
connections pursuant to Leadership
Housing. Inc. Developer's Agreement 2,400.0
Prior payments for ERC units through
Notice / 4 700.0
Payment for ERC units acknowledged
thiu data - Hatice 15 400.0
Total ERC units paid to date 1,100.0
Remaining balance of reserved ERC
water and saver connections 11L100.0
Very truly yours.
TAMARAC UTILITIES. INC.
syl l
Robert C. Cluth
Vice President
RCC s J s
•
* RE. 4 00
Copies tot
F is R guilders. Inc.
9555 H. Kendall Drive
Hiani, Florida 33176
Attnt H. E. saleda
Treasurer
Hontwood. Inc.
One rirst Nations) Plats
Chicago, 111. 60610
Attnt T. C. Hadro
Vice President
EXH I IT B
S MEET SoF
E
----� --31pr8AX-1t19L-!11'N--
•
Bugg
IIIII
IIV
son
a
Mill
HOBE
e$Y�.ssa�
9
e
i
04-02-96 09:25 AM FROM CARNAHAN ASSOCIATES P002
•
•
EXHIBIT D
MARAC WATER AND SEWER AGREEMENT
DEVELOPMENT
Weldon
# OF
# OF
# OF
SIZE OF
CIAC
LESS MARMON
NET
BUILDING #
UNITS
ERC'S
_METERS_
METERS
FEES
CREDIT
OIN, FEE
0. 701unR
a $2755.OWERC
0 $542.00lunk
D
60
42
2
2"
$115,710.00
$32,520.00
$83,190.00
E
60 �
42
2
2"
$115,710.00
$32,520.00
$83,190.00
F
60
42
2
2"
$115,710.00
$32,520.00
$83,190.00
1
64
44.8
2
2"
$123,424.00
$34,688.00
$88,736.00
J
56
39.2
2
2"
$107,996,00
$30,352.00
$77,644.00
K
44
30.8
2
2"
$84,854.00
$23,848.00
$61,006.00
TOTAL
344
240.8
12
$663,404.QQ
$186,448.00
$476,956.00
METER SCHEDULE FOR NON-RESIDENTIAL USA
# OF ERC'S
SERVICE USE # OF UNITS WATER SHIER # OF METERS $0 OF METERS
DUMPSTER(S) CONNECTED TO SEWER
® 1 ERC EACH = ERC'S (SEWER)
0 TOTAL ERC'S 240.8 (WATER) 240.8 (SEWER)
tiwopomAFinywNOSPr.00clrAmExH., a.aoc
04-02-96 09:25 AM FROM CARNAHAN ASSOCIATES P003
THIS PROJECTFIEQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
0
0
AT 4"
DIAMETER
0
AT r
DIAMETER
AT 6'
DIAMETER
0
AT
DIAMETER
SERVED BY WASTEWATER PUMP STATION NUMBER: 34
240.8 ERC'S 13.17 SITE ACRES 18.28 ERC'S / SITE ACRE
1 HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM
REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE.
Page 2 of 2
1.IWORDdWARRYVMSPTOOCITAAIE(11 D.DCC
•
r�
u
Temp. Reso. # 7387 - April 11, 1996 1
CD
City OF TAMARAC g
RESOLUTION NO. R-96
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 LENNAR
HOMES INC., FOR THE WELDCyN'(B"TILiIa.'D;E' .�.r
AU C--� LOCATED ON THE NORTHEAST
CORNER OF NW 77TH STREET AND NW 96TH AVENUE
FOR 344 MULTI -FAMILY RESIDENTIAL UNIT WATER AND
SEWER CONNECTIONS REQUIRING 240.8 ERC'S FOR
WATER AND 240.8 ERC'S FOR SEWER REQUIRING
$663,404.00 IN CIAC FEES; AUTHORIZING THE PHASING
OF THE CIAC FEES BY BUILDINGS D, E, F, I, J AND K;
ACCEPTING PHASED PAYMENTS OF $476,956.00 AND 344
MARMON CREDITS HAVING A VALUE OF $186,448.00
FOR THE CIAC FEES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the developer, Lennar Homes, Inc., is constructing 344 multi -family
condominium units for the Weldon (Buildings D, E, F, I, J and K) Project located on the
northeast corner of NW 77th Street and NW 96th Avenue (attached hereto in map form as
"Exhibit 1 ") in accordance with the Site Plan as approved by the City Commission on
August 11, 1993; and
WHEREAS, the developer, Lennar Homes, Inc., has offered a Water and Sewer
Developer's Agreement to the City of Tamarac for the Weldon (buildings,D, E, F, I, J, and
K) Project as required by Code Sections 10-101, 10-121(d), 10-122(f) and 10-123(e); and
Temp. Reso. # 7387 - April 11, 1996 2
WHEREAS, the Water and Sewer Developer's Agreement requires the purchase
r7'
of 240.8 ERC's for water and 240.8 ERC's for sewer for a combined CIAC fee of
$663,404.00 as required by Resolution R-94-210; and
WHEREAS, Lennar Homes, Inc, owns Marmon Credits, which have a value of
$542.00 each, which are honored by the City and which can be applied against water and
sewer CIAC fees; and
WHEREAS, Lennar Homes, Inc, will apply 344 Marmon Credits at a total value of
$186,488.00 toward the CIAC fees; and
WHEREAS, the Developer requests that the payment of the CIAC fees be paid in
six phases using each Building (D, E, F, I, J and K) as one of the phases in accordance
with CityCode Sections 10-1 _
22(e) and 10 123(f); and
WHEREAS, it is the recommendation of the Director of Utilities that the Water and
Sewer. Developer's Agreement with Lennar Homes, Inc., be approved and executed and
the payment of the CIAC fees required for the Weldon (Buildings D, E, F, I, J and K)
Project using Marmon Credits and phasing 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 execute a Water and
Sewer Developer's Agreement with Lennar Homes, Inc., for the Weldon (buildings D, E,
F, I, J and K) Project located on the northeast corner of NW 77th Street and NW 96th
Avenue requiring $663,404.00 in CIAC fees and accepting phased payments of
$476,956.00 and 344 Marmon Credits with a value of $186,448.00 for the CIAC fees.
le-1- ��, 1-116
Temp. Reso. # 7387 - April 11, 1996 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to execute
a Water and Sewer Developer's Agreement (attached hereto as "Exhibit 2") with Lennar
Homes, Inc., for Weldon (Buildings D, E, F, I, J and K) Project located on the northeast
corner of NW 77th Street and NW 96th Avenue for 344 multi -family residential unit water
and sewer connections requiring 240.8 ERC's for water and 240.8 ERC's for sewer
requiring $663,404.00 in CIAO fees.
• .SECTION 3;. That the appropriate City Officials are hereby authorized to accept the
phased payments of $476,956.00 and 344 Marmon Credits with a value of $186,448.00
for the required CIAC fees.
SECTION_4: That the City Clerk is hereby authorized and directed to record said
Agreement in the Public Records of Broward County.
SECTION_ 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
4pResolution.
le
EXHIBIT 1
KINGS R7T. Av, HUNTINGTON WESTWOOD 5
COMME PK,% ol 80 CT
TR23 yb 80sr 'po-
jrr
ROCK ORD TR29
YORKSHIRE
CATION TR30
SITZ
>
AMARA
PORTS COMPLEX p
LA
TR27
ST 76 n Cr
EVANGELICAL
COVENANT 76 ST
CHURCH
co WEST LAKE VILLAS
TR33 w
>
KINT.
PROF.GS PLPAZA co 76
bR
KINGS POINT Ql� 75 CT WESTWOOD
SALES CENTER i q PINES
& CLUB HOUSE PRING LAKE TR37 8, Ck
IK
74 CT
NORTH > WESTWO 311\
ASHMONT CIR
95 W.
BELFORT > . . . . . . . .
ASHMONT 73 C
S FOR CIR SOUTH 73 ST
HIDDEN TR42 SECTION 21
HOLLOW TR40 72 CT
WNSOWHOD/
PLAT
TR41
POINT PLAZA 72 S
DR
WESTWOOIl
w 4-
y 0 71 ST 71 ST
w 70 PL SECTION 22
> SECTInN 21 j 1
W70 PL
70 CT ESTWOOD 4
> >L
W
3 <
WE TWOOD C70 ST >
70 _7iT_S T
MCNAB ROAD
WELBWSDA.DWG
WELDON BUILDINGS D. E. Fs Is Jq AND K
WATER AND SEWER DEVELOPER'S AGREEMENT