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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 1 1 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. 1 1 rill 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 Reso. 7080 All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 3 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 A2-qs-12-3 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,�/ , 19 95 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. �P- - f5-/> 3 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 -3- 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. 0 F. COMPLIANCE WITH APPLICABLE LAWS r� 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 -4- R , 95-/z3 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 ` ) 95 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. -5- e,qs-1-1-,3 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: -6- t, qs-ice 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 If, 757-/i3 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. ,e ,,7S-1z-3 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. 9�-/z3 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; 1 1 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. _10- ,e- 95-/z3 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, -11- R.g5_/z3 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. -12- x.q:5-1 �3 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 v L9 ,P- q5 -/2-3 t-ywvmrr A der Zep?, • • 6 0 • I 0 e451A3 txk410 rr C. I• � 0 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