HomeMy WebLinkAboutCity of Tamarac Resolution R-95-123Temp. Reso.7080
CITY OF TAMARAC
RESOLUTION NO. R-95- JQ3
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 WELDON PHASE II WATER AND SEWER
FACILITIES AND COLLECT CONTRIBUTION CHARGES
FOR 2.5 ERC'S OF WATER AND 2.5 ERC'S OF SEWER;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Lennar Homes, Inc. has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for Weldon Phase II as required by Resolution R-94-
210; and
WHEREAS, the Water and Sewer Developer's Agreement requires Lennar
Homes, Inc. to purchase 2.5 ERC's of water and 2.5 ERC's of sewer for a combined
cost of $6,887.50; and
WHEREAS, Lennar Homes, Inc. requested an overpayment of $5,546.00 for
Weldon Phase IA CIAC fees be applied to Weldon Phase II; and
WHEREAS, The Utilities Engineering Division has reviewed the CIAC charges
required against the Developer's payment and has confirmed the overpayment of
$5,546.00; and
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Temp. Reso. 7080
WHEREAS, it is the recommendation of the Utilities Director that the Water and
Sewer Developer's Agreement be executed and the overpayment of $5,546 be credited
toward the CIAC fees required for this development; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
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 Weldon Phase II.
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.
$FCTION 2: That the appropriate City Officials are hereby authorized to
execute a Water and Sewer Developer's Agreement with Lennar Homes, Inc. for
Weldon Phase II and accept the impact fees (attached hereto as "Exhibit 1 ")
SECTION 3: That the City Clerk is hereby authorized and directed to
record said agreement in the public records of Broward County.
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Temp. Reso. 7080
All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this /4 day of
1995.
ATTEST:
CAROL A. EVANS,CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION,ag
to form.
MITCHELlfS/ KRAFT
CITY A RNEY
Utilities/mw
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RECORD OF COMA
MAYOR ABRAMOWITZ
DIST. 1:
V / M KATZ
DIST. 2.
COMM. MISHKIN
DIST. 3:
COMM. SCHREIBER
DIST. 4:
COMM. MACHEK
VOTE
WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Weldon Phase 2
(Name of Development)
GENERAL LOCATION• North of N.W. 77th St. and
east of N.W. 96th Avenue
THIS AGREEMENT effective this
1995
/4
day of ,
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
Lennar Homes, Inc.
at 7600 Nob Hill Road, Tamarac, Florida 33321
hereinafter called "DEVELOPER".
0 and
Lennar Homes, Inc.
at 7600 Nob Hill Road, Tamarac, Florida 33321
tereinafter 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
WHEREAS, DEVELOPER owns or controls certain real property in
Broward ounty, Florida as shown and described in Exhibit "A"
attached 'uereto 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
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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 understanding 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.
WHEREAS, CITY has received proof of payment by DEVELOPER of
any portion of contribution- i.n-aid-of -construction charges owed to
third parties, and which is attached as Exhibit "B";
WHEREAS, the City Council has approved this AGREEMENT and has
authorized the proper city officials to execute thi AGREEMENT by
motion passed at a regular City Council meeting on l,�/ ,
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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. a to the Contracting Part The term DEVELOPER shall refer g y
in this AGREEMENT who has an ownership interest in the PROPERTY.
Is that interest fee simple? XXX YES or No. If no, then the
nature of the interest is best described as
If DEVELOPER is not the OWNER, then
the OWNER joins in this AGREEMENT and agrees to be jointly and
severally liable for the responsibilities of the DEVELOPER
enumerated in this AGREEMENT.
B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to
in this AGREEMENT as ERC, is the assumed average daily flow of a
detached single-family residential unit.
C. The term PROPERTY, refers to the real property described
in Exhibit "A" attached to and incorporated into this AGREEMENT.
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.
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PART II. DEVELOPER'S OBLIGATIONS
A. INSTALLATIONS IN COMPLIANCE WITH SPECIFICATION
1. DEVELOPER, at his expense and at no expense to the
CITY, shall design, construct and install all necessary water
distribution and sewage collection lines, over, through, under,
across and past the PROPERTY in accordance with plans,
specifications and engineering data as submitted by a Florida
registered engineer to be approved by the appropriate governmental
regulatory agencies and by the City Engineer, 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 City Engineer, IF THIS AGREEMENT IS FOR (10) OR
MORE ERC'S, DEVELOPER shall pay to CITY a Plan Review Fee of
$750.00 (to be paid one time only). Said Plan Review Fee is to
compensate CITY for CITY's expense in having said plans,
specifications and engineering data reviewed by the City Engineer
or his authorized representative.
0 B. INSPECTION AND SUPERVISION BY DEVE VIS ON OPER'S ENGINEER
L
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 City Engineer. Should there
be cause or reason for the DEVELOPER to engage the services of a
registered engineer (other than the design engineer) for
inspections, then DEVELOPER shall notify the CITY within five (5)
days of such engagement.
The DEVELOPER'S Engineer of Record shall prepare "As -
Built" drawings of all construction.
C. PRECONSTRUCTION MEETING
DEVELOPER and his Contractor shall arrange for and hold
a preconstruction meting with the City Engineer or his authorized
representative. Notification of said meeting shall be made in
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writing and received by all parties seventy-two hours in advance of
said meeting. The meeting shall be held at least twenty-four (24)
hours prior to start of each phase of construction. An Engineering
Permit, payment of engineering fees and bonding based on a
Certified Cost Estimate, prepared by DEVELOPER'S registered
engineer, shall be required prior to any construction.
D. WRITTEN APPROVAL OF CITY ENGINEER
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 City Engineer or his authorized representative.
Approved plans and permits must be on site at all times.
E. ENGINEERS PRESENT AT TESTS
During construction and at the time when periodic
inspections are required, the City Engineer 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.
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F. COMPLIANCE WITH APPLICABLE LAWS
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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.
G. AS -BUILT DRAWINGS
DEVELOPER shall, at his own expense and at no expense to
the CITY, furnish to the CITY one complete set of 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 City Engineer. 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
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constructed in the field, As -Built drawings shall also show the
actual locations of all surface features including all paving and
drainage facilities constructed in conjunction with the water and
sewerage facilities.
H. CONTRIBUTION PAYMENTS FROM DEVELOPER
The contribution charges (both water and sewer) shall be
calculated according to rates set by Resolution of the City
Council.
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 "Co. Exhibit "D" is attached
to this AGREEMENT and shall indicate the number of buildings to be
built, number of residential, non-residential and accessory units
and ERC's per building and the number of meters and meter sizes.
Payment of the contribution charges is a condihon
precedent to the execution of this AGREEMENT. The contribution
charges applicable for this AGREEMENT are summarized as follows:
CONTRIBUTION WATER
Residential # Units X
Non -Residential # ERC's
Total ERC's 2.5 (WATER)
CONTRIBUTION SEWER
Residential # Units X
Non -Residential # 2.5 ERC's
Total ERC's 2.5 (SEWER)
ERC's Per Unit @ $1,205.00 Per ERC
@ $1, 205._00 Per ERC 3, 012.50
Total Contribution $
ERC's Per Unit @ $1,550.00 Per ERC
@ $1,550.00 Per ERC
Total Contribution $ 3, 875.00
TOTAL
$6,887.50
The bEVELOPER has paid to the CITY the sum of Six Thousand
Eight Hundred Eighty Seven and 50/100 dollars 6,887.50 )for
contribution charges. Unless City Council, 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
I. GUARANTEED REVENUES
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Date
1. DEVELOPER shall pay to the City, GUARANTEED REVENUES
when due, at the rates in effect when due, as amended from time to
time. GUARANTEED REVENUE is equal to the minimum service
availability charge for water and sewer service. GUARANTEED
REVENUES are due and payable monthly.
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2. The payment of GUARANTEED REVENUES required by this
AGREEMENT shall commence six (6) months after the effective date of
this AGREEMENT. Has a Plat for the property been recorded with
Broward County XX YES NO. If NO, then GUARANTEED REVENUES
commence one (1) year after the effective date of this AGREEMENT.
GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to
the PROPERTY unless otherwise specified by this AGREEMENT.
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).
J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE
NECESSARY
In addition to all other obligations of this AGREEMENT,
DEVELOPER may be required by the CITY to make modifications to the
CITY's water and sewage systems because of the development's impact
on the systems. The modifications are set forth in Exhibit "E" and
they shall be performed by DEVELOPER prior to the issuance of the
first Certificate of Occupancy, unless provided in this AGREEMENT.
K. DELINQUENT PAYMENTS, DEFAULT, NOTICE OF DEFAULT
1. If any payment of GUARANTEED REVENUES required by
this AGREEMENT is more than fifteen (15) days late, the CITY shall
send the DEVELOPER a notice of delinquency by prepaid certified
mail, and failure of the DEVELOPER to make the required payment in
full within seven (7) days of the date shown on the notice shall
constitute a default by the DEVELOPER.
2. Other than required payment of GUARANTEED REVENUES,
if any act required by this AGREEMENT is not timely accomplished or
if any act prohibited by this AGREEMENT is done, then this
AGREEMENT shall be in default. Notice of default and the grounds
for default shall be sent to the DEVELOPER by the CITY as provided
in Part VI of this AGREEMENT.
L. SANCTIONS AND PENALTIES
Should DEVELOPER be in default of this AGREEMENT, it is
agreed that the CITY shall have the right to exercise any of the
following sanctions or penalties:
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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 Council.
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.
S. There shall be an interest penalty equal to the
maximum rate allowed by Florida state Law on any payments due to
CITY from DEVELOPER which are not paid. The penalty, when
applicable, shall accrue from the due date of payment as provided
in this AGREEMENT.
6. The CITY shall be entitled to lien the PROPERTY and
foreclose the lien in satisfaction of any payments due under this
AGREEMENT.
7. CITY shall be entitled to any other remedy at law
and failure to exercise any remedy shall not constitute a waiver of
said remedy.
M. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF DEVELOPER
is Prior to acceptance of the work required to be done
P qu •
DEVELOPER shall, without cost to CITY:
1. Convey to CITY and its successors and assigns, by
good and sufficient exclusive easement deed, in a form satisfactory
to CITY, a perpetual right, easement and privilege to operate,
maintain, repair or replace all water and sewer mains, pipes,
connections, pumps and meters within granted easements upon
DEVELOPER's PROPERTY in connection with supplying water and sewer
service to the inhabitants, occupants and customers in DEVELOPER's
PROPERTY and secure from each mortgage and lienor a release of
mortgagees' and lienors' interest in the easement and fixtures
thereon for so long as the easement is used for the operation,
maintenance, repair or replacement of water and sewer mains, pipes,
connections, pumps and meters within the easements. Easements
shall be a minimum of 20' wide for sewer and 15' wide for water.
2. Transfer to CITY by BILL OF SALE ABSOLUTE all
DEVELOPER's right, title and interest in and to all of the water
and sewer supply lines, mains, pumps, connections, pipes, valves,
meters and equipment installed up to and within granted easements
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and right-of-way within the PROPERTY and off -site improvements
40 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 testoof
the sanitary sewer collect system performed one (1) month before 1-
year warranty period expires.
6. Install cleanout on consumer's sanitary service in
accordance with current Utility standard Detail.
PART III. CITY'S OBLIGATION
A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS
When, at no cost to CITY, (1) the water distribution and
sewage collection systems have been satisfactorily installed,
inspected, tested and approved and certified in writing by the
DEVELOPER's engineer, together with the City Engineer, 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 2.5 ERC's
of water service and 2.5 ERC's of sewage treatment plant capacity
for DEVELOPER.
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B. SERVICE CONDITIONS ON LARGE USER AGREEMENT
The CITY has entered into a "Large User Agreement" with
Broward County, (the "COUNTY"), in which the COUNTY has agreed to
make future sewage treatment capacity available at its regional
wastewater treatment plant. In the event CITY cannot provide
sufficient capacity, as a result of COUNTY's action, the CITY's
sole obligation shall be to refund DEVELOPER'S contribution charges
as described in this AGREEMENT, for those units for which CITY is
unable to provide capacity provided that DEVELOPER is not in
default of this AGREEMENT.
C. IMPOSSIBILITY TO PROVIDE SERVICE
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 that DEVELOPER is not in
default of this AGREEMENT. 4,
PART IV. MUTUAL COVENANTS
It is mutually agreed by and between the parties that the
preambles contained at the beginning of this AGREEMENT are true and
correct and in addition to them, it is mutually covenanted and
agreed, as follows:
A. ASSIGNMENT AGREEMENT
I NMENT OF THIS
In addition to binding DEVELOPER, the provisions of this
AGREEMENT shall run with the land and be binding upon and inure to
the benefits of successors in title to the PROJECT after this
AGREEMENT has been recorded in the Pubic Records of Broward County,
Florida. 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; and
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.
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DEVELOPER agrees to make full disclosure to any party
purchasing all or any part of the PROPERTY encompassed by this
. AGREEMENT as to all the terms hereof, and with particular reference
to the GUARANTEED REVENUES set forth in Section I of Part II
herein.
B. REPEAL OF PRIOR AGREEMENTS
All prior Developer Agreements or Agreements pertaining
to the supply of water and sewer affecting the PROPERTY are hereby
cancelled 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;
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A. EXCLUSIVE RIGHTS OF CITY
CITY shall have the exclusive right to furnish water
service and sewage collection service to consumers within the
PROPERTY covered by this AGREEMENT.
B. WELLS PROHIBITED EXCEPT FOR IRRIGATION
DEVELOPER, his successors and assigns, and the owners and
occupants of buildings on DEVELOPER's PROPERTY shall not install or
maintain any water wells except for irrigation purposes.
C. PROMULGATION OF REASONABLE RULES OF SERVICES
CITY shall have the right to promulgate from time to time
reasonable rules and regulations relating to the furnishing of
water service and sewage collection service to consumers within the
PROPERTY encompassed by this AGREEMENT. Such rules and regulations
may relate to, but are not limited to, rates, deposits and
connection charges and the right to discontinue services under
certain conditions. The water and sewer rates to be charged by
CITY to said customers shall be the rates now or hereafter charged
to other customers within the area of service of TAMARAC UTILITIES
WEST WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and
agrees that the rates are subject to change at any time by CITY.
D. CITY NOT LIABLE FOR DEVELOPERS OR CONSUMERS PROPERTY
CITY shall not be liable or responsible for maintenance
or operation of any pipes, pipelines, valves, fixtures or equipment
*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.
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on any of the properties of the customers, consumers or users on
DEVELOPER'S PROPERTY other than the water main to the water service
lines (from the water main to the water meter) and the sewage
collection system within granted easements to CITY pursuant to this
AGREEMENT.
E. SYSTEM ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD WORKING
CONDITION
Each consumer of, water service or sewage collection
service on DEVELOPER's PROPERTY shall keep all water pipes, service
lines including cleanouts, connections and necessary fixtures and
equipment on the premises occupied by said consumer, and within,
the interior lines of the lot occupied by the consumer in good
order and condition. The sale of water by CITY to the consumer
shall occur at the consumer's side of the meter but the obligation
for the maintenance of the lines shall be as set forth above and in
applicable CITY regulations.
F. EFFECTIVE DATE
Unless otherwise specified in this AGREEMENT, this
AGREEMENT shall not be binding until fully executed, but once
executed, it shall have a retroactive effect commencing from the
date of the City Council meeting at which it was approved.
G. OVER -SIZE METERS ON SINGLE FAMILY HOMES
It is assumed that a single family home on the PROPERTY
will be serviced by a 5/8-inch water meter. If a larger water
meter is needed, then the owner (whether DEVELOPER, Assignee or
Homeowner) will be charged additional contribution charges which
must be paid at the rate prevailing at the time of the application
for larger meter for additional ERC's, to accommodate the larger
meter.
H. CONDITIONS ON FIRE HYDRANT USE
No water from CITY's water distribution system shall be
used or disbursed by DEVELOPER or his agents, through fire hydrants
or water mains, or by any person, firm, corporation or agency,
public or private, unless the City Engineer has first approved the
use and the connection, and there has first been made adequate
provisions for compensating CITY for such water.
I. DISCLAIMER
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,
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breakdowns, damage to equipment or mains, civil or military
authority, riots or other cause beyond the control of the CITY
shall not constitute a breach of the provisions contained herein
nor impose liability upon the CITY by the DEVELOPER, his successors
and assigns.
J. SEVERABILITY
If any section, subsection, sentence, clause, phrase or
portion of this AGREEMENT is for any reason held invalid or
unconstitutional by any court of competent jurisdiction such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
K. RECORDING OF AGREEMENT
This AGREEMENT shall be recorded by the CITY among the
Public Records of Broward County, Florida, for the particular
purpose of placing all owners or occupants of properties ;in
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 HARMLESS PROVISION
It is mutually agreed that the CITY shall be held
harmless from any and all liability for damages if CITY's
obligations under this AGREEMENT cannot be fulfilled as a result of
any ruling or order by any other governmental or regulatory agency
having jurisdiction over the subject matter hereof; and in such
event, this AGREEMENT shall be null and void and enforceable by
either party regarding that portion of the DEVELOPER's PROPERTY for
which CITY cannot perform its obligation.
M. CONTROL OF CROSS CONNECTIONS AND BACK -FLOW
1. The purpose of this Section is to protect the
public water main against actual or potential
cross --connections and back-f low by isolating within
the premises or Private Property contamination or
pollution that has occurred or may occur because of
some undiscovered or unauthorized cross -connection
on the premises or Private Property.
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2. POLICY
a. No water service connection shall be installed
or maintained by the CITY unless the public
water main is protected by an Approved back -
flow prevention assembly as required by
Florida Administrative Code 17-22, applicable
DER regulations, and this Section.
b. Any back -flow prevention assembly required
herein shall be of a model, type and size
approved by the Public Services 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 ba-r-k-
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
Public Services 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
Field Operations Department, prior to the
installation of the water service meter.
g. Prior to connection of water service, the
back -flow prevention assembly must be
inspected and tested by a certified tester.
If at the time of testing, the assembly is
-13-
le , 95 /2_.3
•
found to be malfunctioning, the DEVELOPER must
notify 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 Public
Services 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 Public
Services 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.
N. WELLFIELD PROTECTION
DEVELOPER acknowledges that property described in Exhibit
"A" (I/is not) within a Broward County Protected Well Field zone
of influence per Broward County Ordinance 84-60 or within an
existing or proposed well field zone of influence as determined by
Tamarac Public Services 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. PROHIBITED HAZARDOUS MATERIALS
DEVELOPER acknowledges that Broward County and the City
of Tamarac have ordinances that prohibit discharge of hazardous
materials into the sanitary sewer system. (Broward County
Ordinance 86-61 and Tamarac Ordinance 85-52). DEVELOPER agrees not
to discharge hazardous materials into the sanitary sewer system as
defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85-
52 or as they may be amended.
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:
-14-
)e, %5-/2--3
0 FOR CITY OF TAMARAC
city Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
FOR THE DEVELOPER
Michael J. Smolak, Vice President
Lennar Homes, Inc.
7600 Nob Hill Road
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.
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 Not Included XX
EXHIBIT "C" - A copy of the site plan of the PROPERTY
reduced to 8-1/2 inch by 11-inch or 14-
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 sewer
facilities if required by City Engineer,
if applicable.
Included Not Included XX
/2�3
rI
•
�J
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below:
Corporate
ATTEST:
By:
Robert S. Noe, Jr.,
city Manager
ATTEST: _
By:
Carol A. Evans,r
City Clerk
STATE OF FLORIDA
SS
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC
GRANJEE
By:
Orman Abramowitz,
Mayor
Date:
Robert S. Noe, Jr.,
City Manager
Date: /
r.pa as t rm-
Mitohell S. K aft,
City Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the Co nty. foresaid to
AV take acknowledgements, personally appeared.-r,,;owunT ,.Y, • r� _< - '?f 4_&it`4 6A!1
to me known to be the person(s) described in and who'-executedrthe I "'c
foregoing instrument and T61je6� acknowledged before me that
executed the same. '
WIT ESS my hand and official seal this 14 day of
4"-- , 19-ZE.
�Y P� OFFICIAL NOTARY REAL
O�h �4 PHYLLIS POLIKOIRF
* COMMISSION NUM/RR
aq4 Mr COMMISSION UP.
O F1,Q OSI
Personally known to me, or
( ) Produced identification
DID take an oath, or
NOTARY PUBLIC, to of Florida
at Large
/,//VZ//s /11e7'/;J0 F-r
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
Y) DID NOT take an oath.
-16-
,ole- q5--/ Z3
ATTES DEVELOPE ar Homes, Inc.
�,L,
Assistant MA971 W LA? 1 5 Michael J. Smo
corporate Secretary Vice 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 acknowledgements, personally appeared
Michael J. Smolak —.._
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 �� day of
1995
ROSF
1. IXPIRES: March
(X ) Personally know to me, or
( ) Produced identification
&QZI A�
NOTARY PUBLIC, St of Florida
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (X ) DID NOT take an oath.
-17-
0 ATTEST:
•
E
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF 14D9 ss
FL4. N.
MORTGAGEE (If Applicable)
By: Lr
0615 P" cup
Vice President
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State of aforesaid and in t County of s id to
take acknowledgements, personally appeared Stem--c -Z• r
to me mown to--be--the erso (s) described in and who executed the
foregoing instrument and ✓ acknowledged before me and under
oath that .-- executed the same.
WITNESS my hand and official seal this a'Z7 day of
- , 19 q� --.
F CGA). VOTARY SEAL
PATRICi/A L. CARROLL
5TAT) OFFLORIDA
`MISSION No. CC433464
`4N41S5!0Y F.XP. AN. 16,1999
( Personally known to me, or
( ) Produced identification
( ) DID take an oath, or (✓ )
NOTARY PUBLIC, STATE OF Florida
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type o
NOTARY PUBLIC STATE OF FLORIDA
DID NOT t k e CgV 1jYO. CC433464
MY COMMISSION EXP. AN. 16,1999
-is-
/'-95yz3
ATTEST: OWNER Lennax me,�, �¢,
✓ By:
Martin L. Riefs Michael J. olak
Assistant Secretary Vice 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 acknowledgements, personally appeared
Michael J. Smolak
to me known to be the persons) described in and who executed -the
foregoing instrument and he acknowledged before me and under
oath that he executed the same.
AITr my hand and official seal this ---� day
1995—.
• ;"!v ROSE SCWWARTZ
r.; , •.,- MY COMMISSION N CC 44M
f EVIREs. M=h 27.1999
;t4.•'` Bonded Thnr No" PON Undenr Mrs
(X) Personally known to me, or
( ). Produced identification
NOIJARY PUBLIC, St a of Florida
at Large
(Name of Notary Pubic: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( X) DID NOT take an oath.
0
-19-
R, ys 12�3
SURVEYORS
PLANNERS
6191 Wert Atlantic Blvd. (305)972-3969 (FAX) 972-4178 Margate. Florida 33063
NOT A SURVEY
(SKETCH & LEGAL)
RECREATION AREA AT
IIWELDON"
LEGAL DESCRIPTION
I I l I I911t I IUN 1 W PARCIA. "\ti"' OF TI ll'' PLATENTT-FLIED "KINGS POINT REPLAT", AS RECORDED
IN I'I,A I' II( )1 )K I yh. AT PAGG 1. OF T III: PUBLIC RECOlwS OF 13ROWARD COUNTY, FLORIDA. BITING
M01I.1. PAI(TIC ULARLY DESCIeIi(I°.L> AS FOLLOWS
l (�h1A11x�I�IN4i A I' T IM SOU II W1iS'1' CORNER 01; SAID PARCEL "W"; TIIENCE NORTH W"46'20"
F'iASI'. ALONG T'IIF* WESTERLY BOUNDARY OF SAID PARCEL "W", A DISTANCE OF 110.26 FEET:
1'111'.N(A., S)U'I 11 8v" 13'40" EAST'. A DISTANCE OF 520.50 FEET' TO TIM AND A
POIN I ON A CIRCULAR CURVE TO TIIE LEFT AT WIIICII THE RADIUS POINT BEARS NORTH
I:S'I'; TIIENCE EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
212.(x) FIEF✓: nND A CENTRAL ANGLE OF 03"44'08", A DISTANCE OF 15.13 PR9T TO THE POINT OF
REVERSE ;.URVAT'URR OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 150.00 FEET AND A
CENTRAL ANGLE OF 72"38'25". A DISTANCE OF 190.17 FEET TO THE POINT OF TANGENCY;
TIIENCE SOUTH 38:52*55" EAST, A DISTANCE OF 249.04 FEET TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE RIGIIT; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC
OF SAID CURVE, HAVING) A RADIUS OF 150.00 FEET AND A CENTRAL ANGLE OF 49.57'47", A
DISTANCE OF 130.80 FEET TO THE POINT OF COMPOUND CURVATURE OFF -A CIRCULAR CURVE TO
THE RIGHT; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SA10 CURVE, HAVING A
RADIUS OF 25:00 FEET MD A CENTRAL ANGLE OF 1060551,09% A DISTANCE OF 46.65 FEET TO THE
POINT OF TANGENCY; THENCE NORTH 62000*00" WEST. A DISTANCE OF 248.82 FEET TO THE POINT
OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 52"00'00", A
DISTANCE OF 22.69 FEET TO THE POINT OF TANGENCY; THENCE NORTH 10*00'00" WEST, A
DISTANCE OF 175.88 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT;
THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
50.00 FEET AND A CENTRAL ANGLE OF 97.47' 12", A DISTANCE OF 95.33 FEET TO THE POINT OF
REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE WESTERLY. NORTHERLY,
AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 14.56 FEET AND A
CENTRAL ANGLE OF 180000'00", A DISTANCE OF 45.75 FEET TO THE
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN
1.481 ACRES, MORE OR LESS,
NOTE BEARINGS ARE BASED ON THE WEST LINE OF SAID PARCEL "W" BEARING NORTH
00046'20" EAST, AS SHOWN ON SAID PLAT OF "KINGS POINT REPLAT'.
ItIWIY',-.bUu.lA)11WIII.RIIC.1)I7Y
SUMI)CO lkily 4•11d4
LAST DATE OF FIELD WORK. NOT A SURVEY
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH
MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. AND THAT SAID
DESCRIPTION AND SKETCH :S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
f OMASHAMAN
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION NO. 4387
~ REVISED LEGAL DESCRIPTION
,��
881205J 0 .BY: JW SCALE N/A REC.AREA
BY: I DATE: REV. 4-4-95 I SHEET 1 OF 2 SHEETS
mmmmmaulwv�
r�
WELDON, CONDOMINIUM
WELDON NEIGHBORHOOD PROPERTY
RECREATION AREA 5 ZO 100
0.03e44'08"
P.O.B. z R-232.00' O ID so
y � GRAPHIC SCALE I'•60'
/ A-15.13'
SB9,/
-5p lz
+ V
ti
o �I
lL x. D-180000'00"
R-14.56' —
�' A-45.75'
�w p.97°47'12"
'' R-50.00'
A-85.33'
Q.O.C.:
A CORNER
ARCEL "W"
:INOS POINT REPLAT"
-?.8.156, PO.3. B.C.R.)
D-52-00'00"
R•25•p0''
A•22.69'
a
V �
N �
� a
a.;�?o '?.
00
C 4pp b�%.
00.
00
8
D•106055'08"
R-25.00'
A-46.65'
NOTE: ALL IMPROVEMENTS SHOWN ARE PROPOSED.
REVM','iN5. DATE BY
II RF.Yi'- REC. AREA PER NEW ARCH. PLANS 7•19-94 JP
xl Rl!v wk REC. AREA PER NEW ARCH. PLANS 6.16.94 DCD
FILE; d+\Prc!;ctt\11051\1105)ORd.dpn A.
DATE+ 19•Jul-94 0B+30
JOB NO. 80120SJ logo eye JP I$CALr. I`• 6Q'
FILE NO- T 50N CK'D ova IDATEs
n%U.
T 2 01
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EXHIBIT D
TAMARAC WAT913 AND SEWER AGREEMENT
DEVELOPMENT .,_._._ Weldon Phase Two
SIZE
BUILDING # OF UNITS # OF ERC'S #QE METERS OF METERS
TOTAL
W4
0
0 i
M,,EIER SCHEDULE FOR NON-RESIDENTIAL USE
op
2.50
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER
AT 6" DIAMETER
". f. W FBI T.T '� F: f4tl
SERVICE USE
Pool/Cabana
AT " DIAMETER
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM
REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE.
r
SEAL
James X Thiele, P.E.
Reg. No, 33256
11WORDMARRMAMEXM D