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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-147Temp. Reso.# 7405 -June 6, 1996 1 City OF TAMARAC RESOLUTION NO. R-96 1q7 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 BMS OF BROWARD, INC., FOR THE BUDGET MINI STORAGE PROJECT LOCATED AT THE 8300 BLOCK OF UNIVERSITY DRIVE FOR ONE NON-RESIDENTIAL WATER AND SEWER BUILDING CONNECTION REQUIRING ONE ERC FOR WATER AND ONE ERC FOR SEWER; REQUIRING THE PAYMENT OF $ 2,755.00 IN CIAC FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer, BMS of BROWARD, Inc., is constructing a commercial storage facility for the Budget Mini Storage Project located at the 8300 block of university Drive (attached hereto in map form as "Exhibit 1 ") in accordance with the Site Plan as approved by the City Commission on May 8, 1996; and WHEREAS, the developer has offered a Water and Sewer Developer's Agreement to the City of Tamarac for the Budget Mini Storage Project as required by Code Sections 22-189(a)and (b); and WHEREAS, the Water and Sewer Developer's Agreement requires the purchase of one ERC for water and one ERC for sewer for a combined CIAC fee of $2,755.00 as required by Resolution R-94-210; and Temp. Reso.# 7405 - June 6, 1996 2 WHEREAS, it is the recommendation of the Director of Utilities that the Water and Sewer Developer's Agreement with BMS of Broward, Inc., be executed and the payment of the CIAC fees required for the Budget Mini Storage Project be accepted; 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 BMS of Broward, Inc., for the Budget Mini Storage Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to execute a Water and Sewer Developer's Agreement with BMS of Broward, Inc., for Budget Mini Storage Project (attached hereto as "Exhibit 2") located at the 8300 block of University Drive and accept the CIAC fees. SECTION 3: Authorize the collection of $2,755.00 for one ERC. SECTION 4: That the City Clerk is hereby authorized and directed to record said Agreement in the Public Records of Broward County. 1 1 Temp. Reso.# 7405 - June 6, 1996 3 SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION,_7.: This Resolution shall become effective immediately upon its passage and adoption. �� PASSED, ADOPTED AND APPROVED this Vp of one., ,1996. ATTEST: l � CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to fob MITCHELL S. KRAF CITY ATTORNEY UTILITIESAaWaml TIP O. MAYOR RECORD OF COLINO L VCME �Hr'AnnnriJi'f � � DISTRICT 1 • rAM' IN - DISTRICT 2• DISTRICT DoSTRiCT 4: EXHIBIT I VETERANS' PARK LOCATION C14/CYPRESS CREEK CANAL /- THIS SITE SOUTHGATE BLVD w W w w w w w CHEVRON 85 CT w W w w W w w rNir SUUTHGATE GARDENS DUN � � SUUTWGATE APTS w w w w w w w CARTER'S (4 z SUNFLOWER CC w W w w w w w 84 ST 84 ST A4 Rl 84 ST w W W W w w ^ W w W w w w TARGET > 83 ST 83 ST W W w w W w W Q W w w w W w > Q Q rN 8E CT w W w w w AMUCU F ¢ 1. ro w w WtiP �, O w Ci F n n n w BANK ~ x w GP TR51 w N.AMER. z 82 S w w CSSIA w W 82 ST TW 81 P w W 1 AJ w / TR53 w WUUDMUNT W n 81 PL w W / y !•� w SHOPPES > W �" V W �/ a N Q 81 n ¢ 81 CT CT OZ www M cn � 81 ST %! 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S.BELL F & D Q//PARKr 76 ST n n % 76 ST BDMSWSDA,DWG BUDGET ;IINI STORAGE WATER AND SBWAR DEVELOPERS AGFRBSMBiNT WATER D SEWER D VE 'AGREEMENJ FOR: B Mini -Storage (Name of Development) GENERAL LOCATION: 8300 BIQ-ck-of University THIS AGREEMENT effective this 2»(0 day of 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 BMS of Broward c/o BMS Management Co., at 5901 Ski 71th Street,i 2 Miami. F1 33143 hereinafter called "DEVELOPER". 0 and B c/o BMS Management Co., at -5-� -SW--74th 5tregt,5 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 r WHEREAS, DEVELOPER owns or controls certain real property in ,Broward County, Florida as shown and described in Exhibit RAN attached hereto and made a part of hereof; and all de in this AGREEMENT to PROPERTY shall. refer specificallcesy $to DEVELOPERS PROPERTY described in Exhibit PAR 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 AGREEM-ENT setting forth the mutual .understandings and undertakings regarding the furnishing of said Ovate= 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 nBn; and WHEREAS, the City has authorized the proper ci y officials to executesion has approved s this and by motion passed at a regular City Commission meeting nAGRE ,��� �, 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 1-GREEM D T who has an ownership interest in the PROPERTY. Is that interest fee simple? NY _YES or nature of the interest is best described- a NO.. If no, then the If DEVELOPER is not the OWNER, then TUWWSDA-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. I , PART II. DEVELOPER'S OBLIGATIONS A. 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'g 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 maias: 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 I3 FOR (1.0) OR MORE ERC'S, DEVELOPER shall pay to CITY a Plan Review Fee of 0 TLTWWSDA-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 0 TUWWSDA-1 4 950601 authorized representative. Notification of said meeting shall be made in writing and received by all parties seventy-two hours in advance of said meeting. The meeting shall be held at least twenty-four (24) hours prior to start of each phase of construction. An Engineering Permit, payment of engineering fees and bonding based on a Certified Cost Estimate, prepared by DEVELOPER'S registered engineer, shall be required prior to any construction. 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. M 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 planes or specifications'. 0 TUWWSDA-1 5 950601 G. 11S-BUILT �ggpj( DEVELOPER shall at his own en exp se 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 dra4wings 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. 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 TVWWSDA-1 6 950601 lel'-. SG -/1Y7 '�..0 yiF.o- '.'�«.r�t'si ;��,y. �;•�'.J,r..'.a..::..:.;�a..iw,.A..;�:a ..: 'rr.r�?t..v'r;�_r:.. •'R residential # units X ERC's Per 'Unit ® $2,, O,�Q per ERC NOT -Residential # L� ERC's @ $14.550.00 Per ERC Total ERC s� (SEWER) Tonal Contribution $1, 550.00 The DEVELOPER has paid to the. CITY. the sum of THOUSAND SEVEN HUNDRED & FIFTY FIVE dollars2,755.00 for contribution charges. Unless.City Commission, at the time of adoption of this AGREEMENT'by Resolution, approves alternative Payment procedures, all Contribution charges have been paid, as evidenced by the signature of the Finance Director; Stanley Hawthc=e, Finance Director Date 1, DEVELOPER shall pay to the City, GUARANTEED REVENUES when due, at the rates in effect when due, as amended from time to time. GUARANTEED REVENUE is equal to the minimum service availability charge for water and sewer service. GUAZ%ANTEED REVMMES are due and payable monthly. * See Exhib-ift "F" TUWWSDA-1 7 950601 ,CSG �`i7 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 Hroward County _ML_ 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. w� 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 z new account being established, the GUARANTEED REVENUES shall resume. 4. The parties acknowledge the GUARANTEED REVENUE payments made by the DEVELOPER shall be considered as revenue (income). J. MODIFICATION TO CJ=19WATER NEC'E C,9ARX In addition to all other obligations g tioas 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 is e 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. + •+ s 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 reseived 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. y 3. No final inspections shall be approved by CITY. 4. No Certificate of Occupancy shall be issued by CITY for any unit on the PROPERTY. 5. There shall be an interest penalty equal to the maximum rate allowed by Florida State Law on any payments due to CITY from DEVELOPER which are not paid. The penalty, when applicable, shall accrue from the due date of payment as provided in this AGREEMENT. 6. The CITY shall be entitled to lien the PROPERTY and foreclose the lien in satisfaction of any payments due under this AGREEMENT. 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. LANEWYTJ Prior to acceptance of the work required to be done, DEVELOPER shall, without cost to CITY: is 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 froze 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 righti-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 BOI-M 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 teat of the sanitary sewer collection system performed one (1) month before I- year warranty period expires. 6. Install cleanout on consumer's sanitary service in TUWWSDA-1 10 950601 • accordance with current Utility Standard Detail. PART Ill. CITY'S OBLIGATION Aft �► ,r.: sib �f� z.� �MWTV 0:4 W44VO VIP 0 ZKO101.00 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 representati-ie; 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 respou&;ible 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 ERC's of water service and 1 ERC's of sewage treatment plant capacity for DEVELOPER. C • 0 Z% MOPS 0A;. r1a11M 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. TUWWSDA-1 11 950601 C. V 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 -n-o-t in default of this AGREEMENT. PART IV. M=AL COVENANTS It is mutually agreed by and between the parties that the Preambles contained at the beginning of this AGREEMENT are true and correct and in addition to them, it is mutually covenanted and agreed, as follows: A. AS7 iT' OF 3MTS AGREEMENT In addition to binding DEVELOPER, the provisions of this - AGREEMENT shall run with the land and be binding upon and inure to the benefits of successors in title to the PROTECT after this AGREEMENT has been recorded in the Pubic Records of Broward County, Florida. however, any other assignment or transfer of DEVELOPER's rights and obligations is prohibited unless: 1. Assignment shall be done in writing in the same formality as this AGREEMENT. 2. .CITY shall be a party of said assignment and shall not withhold approval of assignment unreasonably. 3. DEVELOPER shall remain primarily liable to CITY for the terms and conditions of this AGREEMENT unless assignment is made in compliance with this section. CITY agrees to execute a "satisfaction by assignment" for DEVELOPER if this AGREEMENT is properly signed. DEVELOPER agrees to make full disclosure to any party purchasing all or any part of the PROPERTY encompassed by this AGREEMENT as to all the terms hereof, and with particular reference . TUWWSDA-1 12 950601 , . . I . �6 %. -H-� to the GUARANTEED REVENUES set forth in Section I of Part II 18 herein. : H . .. 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 y parties as follows: A. 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 . TUWWSDA-1 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 TAMARAC 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 a on any of the properties of the customers, consumers or users on DEVELOPER's PROPERTY other than the water main and water service lines (from the water main to the water meter) and the sewage collection system within granted easements to CITY pursuant to this AGREEMENT. E . SYSTEM ON CONSM F.R 1 9 p'Pn'P PRTV Irn 'Qr "RSmom vKr rsrnr% uTr%n w r%?eq 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. MWER'.7164 Y1 TUWWSDA-1 14 950601 �SGif7 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. 4 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. 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. Oti W 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. TUWWSDA-1 15 950601 A. RECORDING OF 11GRI21111n This AGREEMENT shall be recorded by the CITY among the Public Records of Broward County, Florida, for the particular purpose of placing all owners or occupants of properties in DEVELOPRER's PROPERTY connected.to or to be connected to said water and sewer systems of CITY upon notice of each and every one of the provisions herein contained to the same extent and with the same force and effect'as if said owners and occupants had joined with the parties to this AGREEMENT in the execution thereof; and the acquisition or occupancy of real PROPERTY in DEVELOPER's PROPERTY connected to or to be connected to the said water and sewer systems of CITY shall be deemed conclusive evidence of the fact that the said owners or occupants have consented to and accepted the AGREEMENT herein contained and have become bound thereby. L. HOLD HARMLES$_PROVIS„1g ~ 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. I. 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. POLJr.Y TUWWSDA-1 16 950601 . ,C Y�- /5/7 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 Sack -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. s 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 within a Broward County Protected Well Field zone of influen a 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. O. _ * 1-00 oil; A im of Tamara materials TL WSDA-1 Y ti. 1.0 5 1kv / "-141 DEVELOPER acknowledges that Broward County and the City c have ordinances that prohibit dischargs of hazardous into the sanitary sewer system. (Broward 18 County 950601 Ordinance 86-61 and Tamarac Ordinance 85-521. 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. J* 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: FQ,R_ CITY OF A,C Mr. David Brown, President City Manager - BMS OF BROWARD, INC. • 7525 Northwest 8 8 th Avenue c/o BMS Manage-nent Co. . Tamarac, Florida 33321 5901 S.W. 74th Street, Suite 205 South Miami, Florida 33143 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. ZXEItaT'r'S The following exhibits are attached, as part of this Agreement and are incorporated into t]zis Agreement: ft EXHIBIT "A" - Legal Description of PROPERTY EXHIBIT "B" - Receipt from third party for a portion of contribution charge: ' Included Not Included TUwwsDA-1 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). EXHIBIT "E" - Modification of CITY's water or sower facilities if required by Utilities Director, if applicable. Included,. Not Included XX BMI?BIT "F" - Payment of Contribution Charges W 950601 C� u IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, see, -4 ftr'4 delivered iu the presence nf: ATTEST: \ * 1 ' By . n Robert S. Noe, Jr., r City Manager ATTEST: d �. Carol A. Evans, City Clerk STATE OF FLORIDA: : SS ACCEPTED BY CITY OF TAMA,RAC G EE Hy:FL �-=a Abramowitz, Mayor �% A Date: v By: S n Robert S. Noe, Jr., City Manager Date:9 A r ved as to f rm: By Mitchell S. Kraft, City Attorney COUNTY OF B&WAM 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. 4LOIZMNA) t¢,3 mew �Tzr Mh�yo,e 6e4r S. o i .UA•G- to me known to be the person (s) described in and who executed the foregoin instrument and acknowledged before me that executed the sam WITNESS my hand and official seal. v , 199L . (A Personally known to me, or ( ) Produced identification this [5 day of NOTAI& PUBLI State of Florida at Large (Name of Notary Public: Print, Stamp, or Tyne as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (x) DID NOT take an oath. 0 TUWWSDA-1 21 950601 is ATTEST: By: Type Name Victor Brown OWNER/DEVELOPER BMS of Broward, Inc. By: Type Name David Brown Coi-porate Secretary President., David Brown 5901 S.W. 74th Street, Suite 205 a'South Miami., Florida 33143 :(Cor a Seal) STATE OF FLORIDA : SS COUNTY OF I BEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the unty aforesaid to take acknowledgments, ersonally appeared 2)av re u Tto me known to be the person(s) described in and who executed the foregoing instrument and --�P- acknowledged before me and under oath that h e- executed the same. WITNESS my hand and official seal this a day of 0, r C V , 1996 . (X) Personally know to me, or ( ) Produced identification NOTARY* P IC, r� U: zit at Large rolrrt4 . mi-X1A r0TA1N,,u¢ (Name of Notary-w'P�iic: print, Stamp, or Type as Commissioned) Type of I.D. Produced 0 DID take an oath, or ( ) DID NOT take an oath. 0 TOWWSDA-1 22 950601 M , ���Z���.L•'r ���tIN�� gg Co���i:, E17 1.111..�Mw�-,.1\����IIY�UY�'iAi7�'S�� 1n�t.i�,i1 �.� T 1Da]j d.. jiiWp.- rnn�r�rin - do havaby affi= that Z *= the prelijilent of and that T have exedUted a Water and 9«was Developer's A0e0eent the City of Tamarae fox Jaud et Mink Stara a PWQJ*4t and that Z as the after all the propertY covered by said OMLOPsRIR ACRRsUT. •Then+ are no mortsaAea held on the proparty which is the sub3oat of said VXV=4VZR'm AGREi . "MTHRA "YMMT CKYRTH NOT. a (signature) This ,. 8Z'ATL OF FLORIDA t D�a-I� � � •�s COUN7r OF = 1 1TRREDY CERTXrY that an this day, before me, an officer duly authorized in the State aforesaid and 3 lthe Co►ty aforesaid to take acknowledgments, personally appearedro V'— to me knows to he the person (M described in and who executed the foregoing instrument and acknowledged before me and under oath that &w� o3tecuted the same. +N=TM3S my hand and official sea lips I i ' 5R,SAE MpRIA DOM NGUFZ NIn Lit STATE OF FLORIDA COMMISSION NO• CCgp4459 MY COM!�(ISSION FXI'• AUG. 311998 (X) Personally knew to Me, or ( ) Produced idM1LtifiCAtias► 1 this a ... "y of Agri Lr MCTART PUNLM state of Florida at Large (Mauro of Notary Publics Print, stazw, or Type as Commissioned) Type all S.D. Paaduood ( i DID take an oath, or ( j DTD N= take an Oath. TUMSDA- l 0 � ZO'd 600'ON TZ:bT 23 96. ZO Ndd ZZZ9-9S9-2-OG: QT ME9 GG9 400 950601 9I21f 8K ' 9N38N33Z19 206 GZ£ '0N trzz£699S0E F 9I Nf U81 9H39N33M TT :LT 96/20fb0 ,F Sl iY7 • Exhibit "A" Legal Description of PROPERTY Lots 4, 5, 6, 7 and 8 in Block 12 of LYONS COMMERCIAL SUBDIVISION NO. 3, according to the Plat thereof recorded in Plat Book 76, at Page 31, of the Public Records of Broward County, Florida. • • oif'- �>'G • Lm cr W F� SKETCH OF DESCP I P T I ON 60 FOOT ACCESS EASEMENT A PORTION OF LOT 7, BLOCK 12 'LYONS COMMERCIAL SUBDIVISION NO. 3' PLAT BOOK 78. PAGE 31 BRONARD COUNTY RECORDS I ' I I I SB9' 47' 44' W 293.00' I I I I I� I I I I j II I I BLOCK412 I s I I SB9' 47' 44' M 293. DO' I II I II I BLOCK 12 z a S09.47' 44' W 293.00' ce II i m� I II I a 113 T 6 BLOCK12I $ I 'I I g T I I $B,Q' �U' 44' W Z il01 U NB9' 47' 44' E 293.00' C.)I NORTH LIKE LOT 7uj y O I w I LOT 7 i BLOCK !2 4070',44' W Is io I I I m SOUTH LINE LOT 7 S89' 47' 44' N 293.00' I II II LOT B I I i BLOCK !2 bll I 09.47' 44' E 29100' � I LINE LOT It N. N. 82n d STREET LAND DESCRIPTION: THE SOUTH 60.00 FEET OF THE NORTH 62.50 FEET OF THE WEST 10 FEET OF LOT 7, BLOCK 12. 'LYONS COMMERCIAL SUBDIVISION NO. 3'. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS LYING AND BEING IN THE CITY 0i TAMARAC. BROWARD COUNTY. FLORIDA. SURVEYORS NOTES: L UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR G MAPPER THIS DRAWING. SKETCH. PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD BY ABSOLUTE SUAVEYIN6 INC. S. BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF 'LYONS COMMERCIAL SUBDIVISION NO. 3' AS RECORDED IN PLAT BOOK 76 PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. A BSSLUTE SURVEYING INC. LAND SURVEYORS 44 BIRCH DRIVE COOPER CITY, FLORIDA 33026 (305) 436-6721 LEGEND P.O.C. DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES PONT OF BEGINNING P.O.T. DENOTES POINT OF TERMINATION RER PT, DENOTES REFERENCE POINT ¢ DENOTES CENTERLINE SURVEYOR'S CERTIFICATE: 1 HEREBY CERTIFY THAT THIS SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTNE7 CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANOARDS AS CET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS G MAPPERS IN CHAPTER 6107-6, FLORIDA ADNINISTOATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES. DATE: 3_ /9 _y REVISION ACCESS EASEMENT REVISED SKETCH lO BY: zJr� ! --I ---- — XITCHELL A. MALLORY PROFESSIOKAL SURVEYOR G MAPPE FLORIDA REGISTRATION ND. 485I PROJECT NO.: 9501 OWN DATE FB PG I CKD MRM 2-20-96 MK MRM 1 3-Se-96 i E C Uni, I v!Mpl- -, ' pp� yy i� , -�go 9 �. ... ♦..-. vl" M�j'�[ `y— P'iEgHIBIT -D -,.�.• r:,..: .. , ._�.._._, . _,.._. . ' dkk DEVELOPMENT BUDGET MINI STORAGE # OF ERCIS SIZE OF OE =TsH's'FR_ E B # OF„METERS =BE INI SELF -STORAGE WAREHOUSE /CARETAKER APARTMENT 1 1 1 1 5/8" -0- nDMPSTER(S) CONNECTED TO SEWER 0 1. ERC EACH -0- ERV S (SEWER) TOTAL ERR E 1 -(Water) 1 (Sewer) Page 1 of Z TOWW SDA-1 9S0501. THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NU113ER OF FIRE LINES: _ .... .. ..... .::T 4 w DIAMETER :.. T $ " DIAMETER 2 AT 6" DIAMETER AT DIAMETER SERVED BY WASTEWATER PUMP STATION NO. 22 1 ERC-S + 3.136 - SITE ACRES - 0.30 ERC'S /SITE ACRE y I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENT'S OF THE SOUTH FLORIDA BUILDING CODE FOR TEE. nammED USE. S's:AL i�5. V�_qt" Page 2 of 2 1'UWWSDA-1 950601 0 Exhibit "F" Payment of Contribution Charges Developer has provided the City with a deposit of $500.00 towards payment of the total contribution charges ($2,755.00) required by Part II, Paragraph H of this Agreement. The remainder of the contribution charges ($2,225.00) will be paid to the City prior to the issuance of any building permits. • •