HomeMy WebLinkAboutCity of Tamarac Resolution R-95-1851
Temp. Reso, 7157
Rev. 8/28/95
Rev. 8/31 /95
City OF TAMARAC
RESOLUTION NO. R-95-j!6�
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
NATIONAL BUSINESS CENTER OF TAMARAC, INC. FOR
THE AUTO SPA OF TAMARAC PROJECT FOR ONE ONE -
NON RESIDENTAL WATER AND SEWER BUILDING
CONNECTION AND ONE IRRIGATION CONNECTION
REQUIRING 9 ERC'S FOR WATER AND 8 ERC'S FOR
SEWER; REQUIRING THE PAYMENT OF $23,245.00 IN
CIAC FEES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the developer, National Business Center of Tamarac, Inc., is
constructing a car wash for the Auto Spa of Tamarac Project located on the south side
of Commercial Boulevard between N.W. 47 Court and 47 Terrace (shown in map form
as "Exhibit 1 ") in accordance with the Site Plan as approved by the City Commision on
July 26,1995; and
WHEREAS, the developer has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the Auto Spa of Tamarac Project as required by
Code Sections 10-82(a)(12), 10-121(d), 10-122(f) and 10-123(e); and
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Temp. Reso. 7157
Rev. 8/28/95
Rev. 8/31 /95
WHEREAS, the Water and Sewer Developer's Agreement requires the purchase
of 9 ERC's for water and 8 ERC's for sewer for a combined CIAC fee of $23,245.00 as
required by Resolution R-94-210; and
WHEREAS, it is the recommendation of the Utilities Director that the Water and
Sewer Developer's Agreement be executed and the payment of the CIAC fees required
for this development be accepted; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it in the
best interest of the citizens and residents of the City of Tamarac to execute a Water
and Sewer Developer's Agreement with the National Business Center of Tamarac, Inc.
for the Auto Spa of Tamarac Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SEC I-QN 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.
�A
Temp. Reso. 7157
Rev. 8/28/95
Rev. 8/31 /95
SECTION 2: That the appropriate City Officials are hereby authorized to
execute a Water and Sewer Developer's Agreement with National Business Center of
Tamarac, Inc. for the Auto Spa of Tamarac Project (attached hereto as "Exhibit 2") and
accept the CIAC fees.
BECTION 3: That the City Clerk is hereby authorized and directed to record
said Agreement in the Public Records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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 affet the validity of the remaining portions or applications of this
Resolution.
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Temp. Reso. 7157
Rev. 8/28/95
Rev. 8/31 /95
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this � of ,
1995.
ATTEST:
CAROL A. EVANS/ C MG
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to foftn. / >
ITCHELL
CITY ATT
Utilities-mw
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COMN
MAYOR
ABRAMOWITZ
DIST. 1:
V / M KATZ
DISC. 2:
COMM. MISHKIN
DIST. 3:
COMM. SCHREIBER
DIST, 4:
COMM. MACHEK
4
VOTE
FOR:
(Name of Development)
GENERAL LOCATION: "
4500 W. come r.cial B l.Yd. Tams.raf.,_ Florida
THIS AGREEMENT effective this day off
r•
19$.�_ made and entered into by and between:
The CITY OF TAMARAC, at 7525 Northwest $$th Avenue,
Tamarac, Florida 33321, a municipal corporation of the
State of Florida, hereinafter called "CITY"
at
hereinafter called "DEVELOPER".
at v
hereinafter called "QWNER".
W I T N E S S E T H
WHEREAS, CITY is the owner and operator of a water treatment
plant, together with water distribution and sewage collection
facilities known as "TAMARAC UTILITIES WEST WATER AND SEWER
SYSTEM"; and
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WHEREAS, DEVELOPER owns or controls certain real property in
Broward County, Florida as shown and described in Exhibit "A"
attached hereto and made a part of hereof; and all references made
in this AGREEMENT to PROPERTY shall refer specifically to
DEVELOPER'S PROPERTY described in Exhibit "A" attached; and
WHEREAS, DEVELOPER and OWNER desire to procure water service
or sewage disposal service or both from the CITY for the PROPERTY;
and
WHEREAS, the parties desire to enter into an AGREEMENT setting
forth the mutual understandings and undertakings regarding the
furnishing of said water and sewer services for the PROPERTY; and
WHEREAS, this AGREEMENT and all stipulations and covenants
made herein are acknowledged to be subject to the approval of every
County, Regional, State and Federal regulatory agency having
jurisdiction of the subject matter of this AGREEMENT; and
WHEREAS, 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 "B"; and
WHEREAS, the City Commission has approved this AGREEMENT and
has authorized the proper city officials to execute this AGREEMENT
by motion passed at a regular City Commission meeting on
/�, 19.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings of CITY and DEVELOPER and other good and valuable
considerations, these parties covenant and agree with each other as
follows:
PART I. DEFINITIONS
A. The term DEVELOPER shall refer to the Contracting Party
in this AGREEMENT who has an o ership interest in the PROPERTY.
Is that interest fee simple? YES or NO. If no, then the
nature of the interest is best described as
If DEVELOPER is not
the OWNER, then
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the OWNER joins in this AGREEMENT and agrees to be jointly and
severally liable for the responsibilities of the DEVELOPER
enumerated in this AGREEMENT.
B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to
in this AGREEMENT as ERC, is the assumed average daily flow of a
detached single-family residential unit.
C. The term PROPERTY, refers to the real property described
in Exhibit "A" attached to and incorporated into this AGREEMENT.
D. The term GUARANTEED REVENUE refers to a fee paid by
DEVELOPER to defray the cost to CITY of maintaining reserve water
and sewer systems. The GUARANTEED REVENUE is equal to the
applicable monthly service availability charge for water and sewer
service.
PART II. DEVELOPER'S OBLIGATIONS
1. DEVELOPER, at his expense and at no expense to the
CITY, shall design, construct and install all necessary water
distribution and sewage collection lines, over, through, under,
across and past the PROPERTY in accordance with plans,
specifications and engineering data as submitted by a Florida
registered engineer to be approved by the appropriate governmental
regulatory agencies and by the Utilities Director, or his
authorized representative; and said water distribution and sewage
collection lines shall be installed and connected to CITY's
existing water distribution and sewage collection lines, all of
which work shall be paid for by the DEVELOPER.
2. All installations shall be installed at DEVELOPER'S
expense and shall include, without limitation, all gravity flow
mains, force mains, pump stations and lift stations required for
the furnishing of service to the PROPERTY. At the time of
submission of the plans, specifications and engineering data by
DEVELOPER to the Utilities Director, IF THIS AGREEMENT IS FOR (10)
OR MORE ERC'S, DEVELOPER shall pay to CITY a Plan Review Fee of
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$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
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• 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.
i , to 0.1.P • ; ��
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.
Ej�K•�u�� 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 plans or specifications.
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G. AS-BJJILT 12RAWINgS •
DEVELOPER shall, at his own expense and at no expense to
the CITY, furnish to the CITY one complete set of reproducible
mylar and two sets of prints of As -built drawings prepared by a
Florida registered engineer who designed the water distribution and
sewer systems or by any other engineer retained by the. DEVELOPER.
The As -Built drawings shall be approved by the Utilities Director's
authorized representative. As -Built drawings shall be certified
and sealed by the DEVELOPER's engineer showing all pertinent
information as to all mains, services and appurtenances belonging
to, and affecting the water distribution and sewage collection
systems and service lines as constructed in the field, As -Built
drawings shall also be sealed by a Florida registered surveyor as
to the actual locations of all surface features of these systems,
easements and right of ways which are part or adjacent to the
property and shall include all paving and drainage facilities
constructed in conjunction with the water and sewerage facilities.
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.
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Payment of the contribution charges is a condition
precedent to the execution of this AGREEMENT. The contribution
charges applicable for this AGREEMENT are summarized as follows:
Residential # N/A Units X N/A ERC's Per Unit @ $1,205.00 Per ERC
Non -Residential # 9 ERC's ® $1,2_0-5.00 Per ERC
Total ERC's 9 (WATER) Total Contribution. $10, 845.00
residential # N A Units X N/A ERC's Per Unit ® $1,,,550.00 Per ERC
Non -Residential # 8 ERC's @ $1.550.00 Per ERC
Total ERC's 8 (SEWER) Total Contribution $ 12,400.00
The DEVELOPER has paid to the CITY the sum, of Twenty-three
for contribution charges. Unless City Commission, at the time of
adoption of this AGREEMENT by Resolution, approves alternative
payment procedures, all Contributi.Dn charges have been paid, as
evidenced by the sianattirp of the Finance Director:
Stanley Hawthorne, 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. 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 payment of CIAC
Fees. Has a Plat for the property been recorded with Sroward
County 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 • CITY 1 S • i •i i•rii FACILITIES 7AY 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 'Ell 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
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• 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.
�U44 0 t•� R ant
Should DEVELOPER be in default of this AGREEMENT, it is
agreed that the CITY shall have the right to exercise any of the
following sanctions or penalties:
1. Any reserved plant capacity under this AGREEMENT may
be rescinded and forfeited.
2. The site plan for the PROPERTY is voidable by
Resolution of the City Commission.
3. No final inspections shall be approved by CITY.
4. No Certificate of.Occupancy shall be issued by CITY
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.
Prior to acceptance of the work required to be done,
DEVELOPER shall, without cost to CITY:
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1. Convey to CITY and its successors and assigns, by •
good and sufficient exclusive easement deed, in a form satisfactory
to CITY, a perpetual right, easement and privilege to operate,
maintain, repair or replace all water and sewer mains, pipes,
connections, pumps and meters within granted easements upon
DEVELOPER's PROPERTY in connection with supplying water and sewer
service to the inhabitants, occupants and customers in DEVELOPER'S
PROPERTY and secure from each mortgage and lienor a release of
mortgagees' and lienors' interest in the easement and fixtures
thereon for so long as the easement is used for the operation,
maintenance, repair or replacement of water and sewer mains, pipes,
connections, pumps and meters within the easements. Easements
shall be a minimum of 20' wide for sewer and 15' wide for water.
2. Transfer to CITY by BILL OF SALE ABSOLUTE all
DEVELOPER's right, title and interest in and to all of the water
and sewer supply lines, mains, pumps, connections, pipes, valves,
meters and equipment installed up to and within granted easements
and right-of-way within the PROPERTY and off -site improvements
installed for the purpose of supplying water distribution and
sewage collection for DEVELOPER'S PROPERTY.
3. Furnish CITY with an AFFIDAVIT that all persons,
firms or corporations who furnished labor or materials used
directly or indirectly in the prosecution of the work required to
be performed by this AGREEMENT have been paid, or in the event of
a dispute between the DEVELOPER and a contractor or subcontractor,
furnish CITY with a BOND in the amount in dispute and in a form
acceptable to the CITY.
4. Furnish CITY with a satisfactory surety bond or
letter of credit in the amount of twenty-five percent (25%) of the
cost of the work, in a form acceptable to the CITY, guaranteeing
all work installed pursuant to this AGREEMENT against defects in
materials, equipment or construction for a period of not less than
one (1) year from date of acceptance of same by CITY.
S. Furnish CITY with T.Y. inspection and air test of
the sanitary sewer collection system performed one (1) month before
1- year warranty period expires.
6. Install cleanout on consumer's sanitary service in
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0 accordance with current Utility Standard Detail.
PART III. CITY'S OBLIGATION
When, at no cost to CITY, (1) the water distribution and
sewage collection systems have been satisfactorily installed,
inspected, tested and approved and certified in writing by the
DEVELOPER's engineer, together with the Utilities Director, or his
authorized representative; and (2) when DEVELOPER has satisfied the
conditions of this AGREEMENT, then CITY shall thereafter maintain
the water distribution system and sewage collection system up to
and within granted easements upon DEVELOPER'S PROPERTY. However,
the CITY will only be responsible for the maintenance of the sewer
collection system from manhole to manhole and up to the first
cleanout of the service lateral within the granted easements and
the CITY will only be responsible for the maintenance of the water
distribution up to the meter, fire hydrant, or fireline scxvice
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 9 ERC's
of water service and 8 ERC's of sewage treatment plant capacity
for DEVELOPER.
The CITY has entered into a "Large 'User Agreement" with
Broward County, (the "COUNTY"), in which the COUNTY has agreed to
make future sewage treatment capacity available at its regional
wastewater treatment plant. In the event CITY cannot provide
sufficient capacity, as a result of COUNTY's action, the CITY's
sole obligation shall be to refund DEVELOPER'S contribution charges
as described in this AGREEMENT, for those units for which CITY is
unable to provide capacity provided that DEVELOPER is not in
default of this AGREEMENT.
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In the event that the CITY cannot provide sufficient
service as a result of the actions of any regulatory agency, then
the CITY's sole obligation shall be to refund DEVELOPER'S
contribution charges as described in this AGREEMENT, for those
units for which CITY is unable to provide capacity provided that
DEVELOPER is not in default of this AGREEMENT.
PART IV. 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:
�Iw��1�M • 4r � �lti� +M
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.
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
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to the GUARANTEED REVENUES set forth in Section I of Part II
herein.
S. REPEAL OF PRIOR AGREEMENTS
All prior Developer Agreements or Agreements pertaining
to the supply of water and sewer affecting the PROPERTY are hereby
canceled and declared of no force and effect upon that PROPERTY
which is the subject matter of this AGREEMENT.
PART V. MUTUAL ADDITIONAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS
DEVELOPER
It is mutually covenanted and agreed by and between the
parties as follows:
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
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certain conditions. The water and sewer rates to be charged by
CITY to said customers shall be the rates now or hereafter charged
to other customers within the area of service of TAMARAC UTILITIES
WEST WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and
agrees that the rates are subject to change at any time by CITY.
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CITY shall not be liable or responsible for maintenance
or operation of any pipes, pipelines, valves, fixtures or equipment
on any of the properties of the customers, consumers or users on
DEVELOPER's PROPERTY other than the water main and water service
lines (from the water main to the water meter) and the sewage
collection system within granted easements to CITY pursuant to this
AGREEMENT.
Each consumer of water service or sewage collection
service on DEVELOPER's PROPERTY shall keep all water pipes, service
lines including cleanouts, connections and necessary fixtures and
equipment on the premises occupied by said consumer, and within the
interior lines of the lot occupied by the consumer in good order
and condition. The sale of water by CITY to the consumer shall
occur at the consumer's side of the meter but the obligation for
the maintenance of the lines shall be as set forth above and in
applicable CITY regulations.
Unless otherwise specified in this AGREEMENT, this
AGREEMENT shall not be binding until fully executed, but once
executed, it shall have a retroactive effect commencing from the
date of the City Commission meeting at which it was approved.
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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 acco=odate the larger
meter.
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.
�� "}4-140MOyZ4
Any temporary cessations or interruptions of the
furnishings of water and sewer service to the PROPERTY described
herein at any time caused by an Act of God, fires, strikes,
casualties, accidents, power failures, necessary maintenance work,
breakdowns, damage to equipment or mains, civil or military
authority, riots or other cause beyond the control of the CITY
shall not constitute a breach of the provisions contained herein
nor impose liability upon the CITY by the DEVELOPER, his successors
and assigns.
If any section, subsection, sentence, clause, phrase or
portion of this AGREEMENT is for any reason held invalid or
unconstitutional by any court of competent jurisdiction such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
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K. RECORDING QE AGREEMENT 0
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.
It is mutually agreed that the CITY shall be held
harmless from any and all liability for damages if CITY's
obligations under this AGREEMENT cannot be fulfilled as a result of
any ruling or order by any other governmental or regulatory agency
having jurisdiction over the subject matter hereof; and in such
event, this AGREEMENT shall be null and void and enforceable by
either party regarding that portion of the DEVELOPER's PROPERTY for
which CITY cannot perform its obligation.
1. The purpose of this Section is to protect the
public water main against actual or potential
cross -connections and back -flow by isolating within
the premises or Private Property contamination or
pollution that has occurred or may occur because of
some undiscovered or unauthorized cross -connection
on the premises or Private Property.
Z. POLICY
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• 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.
9 TUWWSDA-1
b. Any back -flow prevention assembly required
herein shall be of a model, type and size
approved by the Utilities Director for the
City of Tamarac, or his Designee, utilizing
accepted practices and Standards established
by the American Water Works Association, AWWA
C-506-78 or American Society of Sanitary
Engineers Standard 1024.
C. Service of water to any premises shall be
denied or discontinued by the CITY if a back -
flow prevention assembly required by this
Section is not properly installed, tested, and
maintained in properly functioning condition,
or if it is found that a required assembly has
been removed or by-passed.
d. Single family residences shall be protected by
a dual check valve, which will be installed by
a plumber on the outlet side of the meter
after installation of the meter.
e. All services, other than single-family
residences, shall be protected by an approved
reduced pressure principle assembly or double
check valve assembly, as determined by the
Utilities Director or his designee, based on
planned water usage within the premises.
f. Reduced pressure principle and double check
valve assemblies shall be procured and
installed by DEVELOPER, in accordance with the
Standard Back -Flow Prevention Detail Sheet,
which is available at the Tamarac Utilities
Department, prior to the installation of the
17 950601
water service meter. •
g. Prior to connection of water service, the
back -flow prevention assembly must be
inspected and tested by a certified tester.
If at the time of testing, the assembly is
found to be malfunctioning, the DEVELOPER will
be notified by the CITY and water service will
not be provided until such time as the back -
flow prevention assembly does pass inspection.
h. Annual (or at intervals determined by
Utilities Director or his designee)
inspections and tests of back -flow prevention
assembly shall be performed by state certified
back -flow tester. DEVELOPER/OWNER must have
tests performed (with results submitted to
Utilities Director) by a State certified back -
flow tester at DEVELOPER/OWNER expense. The
DEVELOPER/OWNER will be responsible for
insuring that proper plumbing permits have
been obtained and fees paid.
DEVELOPER acknowledges that property described in Exhibit
"A" within a Broward County Protected Well Field zone
of influence per Broward County Ordinance 84-60 or within an
existing or proposed well field zone of influence as determined by
Tamarac Utilities Director. If property is within said zone of
influence, DEVELOPER agrees to limit uses of property to those uses
that are allowed by Broward County Ordinance 84-60 or as it may be
amended.
DEVELOPER acknowledges that Broward County and the City
of Tamarac have ordinances that prohibit discharge of hazardous
materials into the sanitary sewer system. (Broward County
TUWWSDA-1 M
18 950601
X'_IfT
Ordinance 86-61 and Tamarac Ordinance 85-52). DEVELOPER agrees not
to discharge hazardous materials into the sanitary sewer system as
defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85-
52 or as they may be amended.
PART VI. NOTICE
Whenever either party desires to give notice to the other, it
shall be given by written notice, sent by prepaid certified United
States mail, with return receipt requested, addressed to the party
for whom it is intended, at the place specified as the place for
giving of notice, which shall remain such until it shall have been
changed by written notice in compliance with the provisions, of this
paragraph. For the present, the parties designate the following as
the respective places for the giving of notice:
City Manager Bruce Schreiber
7525 Northwest 88th Avenue 8400 N. Uriiversity Drive
Tamarac, Florida 33321 Tamarac, Florida 33321
Notice so addressed and sent by prepaid certified mail, with
return receipt requested, shall be deemed given when it shall have
been so deposited in the United States mail.
0 TUWWSDA-1
19 950601
r � )- Ifs,
PART VII. ADDITIONAL PROVISIONS 0
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 X
EXHIBIT "C" - A copy of the site plan of the PROPk?:t,TY
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 sewer
facilities if required by Utilities
Director, if applicable.
Included Not Included X
TUWWSDA-1 9
20 950601
9
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below:
Signed, sealed and
delivered in the presence of:
ATTES
By:
Robert S. Noe, Jr.,
City Manager
ATTEST:
By: -2 s
Carol A. Evans, t{L
City Clerk
STATE OF FLORIDA:
: SS
ACCEPTED BY CITY OF TAMARAC
G EE
By
Orman Abramowitz,
Mayor
Date:
By:
Robert S. Noe, Jr.,
City Manager
Date • � � %�
i
d agi to form:
MLtchell S. Kraft
City Attorney
COUNTY OF ;
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
Zke acknowledgments, personally appeared Cf -m0
b.k'-� '�tIQ/Ft--, to me known to be the persona)
described in and who executed the foregoing instrument and CA
acknowledged before me and under oath that,AUV'executed the same.
WITNESS my hand and official seal thisday of
Ei�oproj
ENNEJA 8"NOTARY PUBLIC, S to of Florida
ti � +�csoN"erg°" NUM9ffaat Largecczots�e LE6 �..C4>50 �)
.�.ar 14.1996
(Name of Notary Public: Print,
Personally known to me, or Stamp, or Type as Commissioned)
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (DID NOT take an oath.
TLTWWSDA-1
21
950601
ATTEST:
By: U
LL-
Type Name Rriine Schreiber
Corporate Secretary Per
National Business Centers
of Tamarac, Inc.
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF Broward
D EVELO
By:
Type Name Bruce Schreiber
President Per
National Business Centers
of Tamarac, Inc.
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 _._ 1�2�Cs' Sr_ cff� lei -
to me known to
be the person(s) described in and who executed the foregoing instrument
and HC.,,_ acknowledged before me and under oath that 14 C. executed
the same.
WITNESS my hand and official seal this If day of
41: fL- LS i - , 19 9 .`l- .
OWl.Y RMS
Y Comm Up. 3130AS
K°ram noed By Service Ins
)40CC360V
104"to 11OWLa
( �) Personally know to me, or
( ) Produced identification
NOTARY P IC, State of Florida
at Large
Rrllffvj�g
game.[
(Name
of
otary
Public: Print,
Stamp,
or
Type as
Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (/) DID NOT take an oath.
TUWWSDA-1
22 950601
0
_ hat�&r �db hereby affirm that I am the
rt 'm 1911 32,V00 1 D0
and that I have executed a Water and Sewer Developer's Agreement with the City
of Tamarac for t) o; A-M project
and that I am the owner of the property covered by said DEVELOPER'S AGREEMENT.
There are no mortgages held on the property which is the
subject of said DEVELOPER'S AGREEMENT.
FURTHER AFFIANT SAYETH NOT.
(SignatureLx . P L1
/ This day of ""' '
19.9
STATE OF FLORIDA
SS
COUNTY OF 69" A g,0
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
to me known to be the person (a)
described in and who executed the foregoing instrument and He_
acknowledged before me and under oath that executed the same.
WITNESS my hand and official seal this L? �t %D day of VS T ,
199 5
B�VERL.Y �9tM(S
My ODMM 69, 3/3t1
uAr�+Ra ; 80nded smim *3
4' Na 380537
.or °
106MOYA ►, 11OWLa
Personally know to me, or
( ) Produced identification
/VJZ� Li�2
OTARY P6B1 C, State of Florida
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
_� Type of I.D. Produced
( ) DID take an oath, or (`-) DID NOT take an oath.
0 TUWWSDA-1
23 950601
le- �i ' /9
6.,1W 17"-qA
ATTEST- j T' J F��( Q� &ArlIlm
�..
By. By:
Type Name Rr„c-P_ Schreiber.
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF Broward
Type Name Bruce Schreiber
President
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared 1fi2VCE_ __Sr"1e,eilpt..-
to me known to
be the person(s) described in and who executed the foregoing instrument
and tie- acknowledged before me and under oath that Me— executed
the same.
WITNESS my hand and official seal this Z724 day of
01NO(AIRZY
65%.Y RcOOKS7� A�
P.
$prided 8y Senr ins
No. CC36W
l,{1„aM,K�.r„ Ilolwrtio.
(V) Personally know to me, or
( ) Produced identification
NOTARY PUBL State of Florida
at Large
Re ace/v /69aAs-
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( DID NOT take an oath.
TUWWSDA-1 0
24 950601
EXHIBIT "A"
LAND DESCRIPTION
Lot A, The Patrician A, according to the Plat thereof as recorded in Plat Book 150,
Page 29 of the Public Records of Broward County, Florida. Said lands Lying in the
City of Tamarac, Broward County, Florida containing 49,462 squae feet (1.135
acres) more or less.
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C ��• • IN �� . A—Mll KwM n[n O.Mn
PAVING, DRAINAGE 3 UTILITY PLAN• gyp-nns nn..[n, t *w wTAMARAC. FLORIDA ,.•:• n• ,, „
0 EXHIBIT D
DEVELOPMENT Auto Spa Car Wash
METER SCHEnULE OR RESIDENTIAL USE
# OF ERC'S SIZE OF
METER SCHEDULE FOR NON-RESInENTTAL
# OF ERC'S SIZE OF
OgI&YICE UU # OF UNITS WATER ,SEWEg # OF METERS HE=
2" Water Meter N/A 8 8 1 2"
5/8" Irrigation 5AII
Meter N/A 1 0 1
Maximum Reclamation Demand - 45 GPM
Minimum Reclamation Demand - 3.47 GPM
10 Fixture Units Demand - 14.6 GPM
N/A DUMPSTER(S) CONNECTED TO SEWER
W 1 ERC EACH . Q ERC'S (SEWER)
TOTAL ERC'S 9 (Water) 8 (Sewer)
Page 1 of Z
0 TUWWSDA-1
950601
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER AT 8" DIAMETER
AT 6" DIAMETER AT — DIAMETER
SERVED BY WASTEWATER PUMP STATION NO.
14A
8 ERC'S + 1.135 SITE ACRES = 7.048 ERC'S /SITE ACRE
N/A 0
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.
Page 2 of 2
TUWWSDA-1
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