HomeMy WebLinkAboutCity of Tamarac Resolution R-95-2221
Temp. Reso. # 7201
CITY OF TAMARAC
RESOLUTION NO. R-95._z3IA
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 GEMSTAR
HOMES, INC. FOR THE JVF/MCNAB APARTMENTS
PROJECT FOR 10 RESIDENTIAL WATER AND SEWER
BUILDING CONNECTIONS REQUIRING 7 ERC'S FOR
WATER AND 7 ERC'S FOR SEWER; REQUIRING THE
PAYMENT OF $19,285.00 IN CIAC FEES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the developer, Gemstar Homes, Inc., is constructing a 10 unit
apartment for the JVF/McNab Apartments Project located on the east side of N.W. 70
Avenue north of McNab Road (shown in map form as "Exhibit 1 ") in accordance with
the Site Plan as approved by the City Commission on September 27,1995; and
WHEREAS, the developer has offered a Water and Sewer Developer's
Agreement to the City of Tamarac for the JVF/McNab Apartments 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. # 7201
WHEREAS, the Water and Sewer Developer's Agreement requires the purchase
of 7 ERC's for water and 7 ERC's for sewer for a combined CIAC fee of $19,285.00 as
required by Resolution R-94-210; and
WHEREAS, the developer is requesting that Part II, Section H, Page 7, of the
Water and Sewer Developer's Agreement be modified to allow the payment of the CIAC
Fees before building permits are issued; 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 before building permits are issued; 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 Gemstar Homes, Inc. for the JVF/McNab
Apartments Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Temp. Reso. # 7201
SECTION 1 The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to
execute a Water and Sewer Developer's Agreement with Gemstar Homes, Inc. for the
JVF/McNab Apartments Project (attached hereto as "Exhibit 2") and accept the CIAC
fees.
SECTION 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 affect the validity of the remaining portions or applications of this
Resolution.
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1
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Temp. Reso. # 7201
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this JL of _---Oc�d k `'O-r ,
1995.
ATTEST:
CAROL A. EVANS, C Mc -
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
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MITCHELL S. K T
CITY ATTORNE
Utilities-mw
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COMMISSION VOTE
mAYoR
ABRAMOWITZ
DIST. t :
V / M KATZ
DIST. 2:
COMM. MISHKIN
DIST. 3:
COMM. SCHREIBER
DIST. 4:
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JVF/MoNA33 APARTMENTS -WATER
AND SEWER DEVELOPER'S AGREEMENT
SHANGR I - DWG
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WATER AND _SEWER
DEVELOPER'S AGREEMENT
FOR: JVF/McNAB APARTMENTS _
(Name of Development)
GENERAL LOCATION: N 7
THIS AGREEMENT effective this 1 day of 0�d6fW-AF-, ,,, ,
19 made and entered into by and between:
The CITY OF TAMAR.AC, at 7525 Northwest 88th Avenue,
Tamarac, Florida 33321, a municipal corporation of the
State of Florida, hereinafter called "CITY"
and
at 1.01. N.W. 72nd Avenue, Plantation, FloLjda 31117
hereinafter called "DEVELOPER".
and
at
hereinafter called "OWNER".
W I T N E S S E T H
WHEREAS, CITY is the owner and operator of a water treatment
plant, together with water distribution and sewage collection
facilities known as "TAMARAC UTILITIES WEST WATER AND SEWER
SYSTEM"; and
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WHEREAS, DEVELOPER owns or controls certain real property in
Broward County, Florida as shown and described in Exhibit "A" 40
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 40
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
I _, 19,1.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings of CITY and DEVELOPER and other good and valuable
considerations, these parties covenant and agree with each other as
follows:
PART I. DEFINITIONS
A. The term DEVELOPER shall refer to the Contracting Party
in this AGREEMENT who has an ownership interest in the PROPERTY.
Is that interest fee simple? YES or �X NO. If no, then the
nature of the interest is best described as Contractor
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 tenon 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
•� •+e' r� 4T •�
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.
B. INSPECTION AND SUPERVISION BY DEVELOPER'
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.
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DEVELOPER and his Contractor shall arrange for and hold
a preconstruction meeting with the Utilities Director or his
TUWWSDA-1 0
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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.
E. MIKEERS PRESENT —AT TESTS
During construction and at the time when periodic
inspections are required, the Utilities Director or his authorized
representative shall be present and DEVELOPER'S engineer shall be
present to observe and witness tests for determination of
conformance to approved plans and specifications. The City
Engineering Inspector shall be on site at all times during sanitary
sewer installation, and notified before any water lines are
installed.
• M* WIT) Is 42#71
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 -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 Utilities Director's
authorized representative. As -Built drawings shall be certified
and sealed by the DEVELOPER's engineer showing all pertinent
information as to all mains, services and appurtenances belonging
to, and affecting the water distribution and sewage collection
systems and service lines as constructed in the field, As -Built
drawings shall also be sealed by a Florida registered surveyor as
to the actual locations of all surface features of these systems,
easements and right of ways which are part or adjacent to the
property and shall include all paving and drainage facilities
constructed in conjunction with the water and sewerage facilities.
H. C9=RIBUTI9N PAYMENTS FROM DEVELORER
The contribution charges (both water and sewer) shall be 40
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 "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.
TUWWSDA_1 S
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** shall be made prior to the issuance of the building permit
Payment of the contribution charges *",isa ___d ` e
The contribution
charges applicable for this AGREEMENT are summarized as follows:
Lai*)� M 4 i = � • _� � ..._ _M
Residential # 10�Units X .7-- ERC's Per Unit @ $1,205.00 Per ERC
Non -Residential # ERC's @ $1.205.00 Per ERC
Total ERC's 7 (WATER) Total Contribution $ 8,435.00_ _
residential #_ISZUnits X .7 ERC's Per Unit @ $1,550.00 Per ERC
Non -Residential # ERC's @ $1,550.00 Per ERC
Total ERC's 7 (SEWER) Total Contribution $ 10 `,85,0 . QO
The DEVELOPER has paid to the CITY the sum of nineteen
thousand two hundred eight fiya dgl1ar_s__(tl9.285.00
for contribution charges. Unless City Commission, at the time of
adoption of this AGREEMENT by Resolution, approves alternative
payment procedures, all Contribution charges have been paid, as
evidenced by the signature of the Finance Director:
Stanley 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 CIAO
Fees. Has a Plat for the property been recorded with Broward
County X YES NO. If NO, then GUARANTEED REVENUES commence
one (1) year after the effective date of this AGREEMENT.
GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to
the PROPERTY unless otherwise specified by this AGREEMENT.
3. GUARANTEED REVENUE, if initiated shall no longer
accrue for a unit when metered water and sewer service is
established at a particular building and the required customer
deposits are paid to the CITY. However, if accounts are open in
the DEVELOPER'S name and closed without a new account being
established, the GUARANTEED REVENUES shall resume.
4. The parties acknowledge the GUARANTEED REVENUE
payments made by the DEVELOPER shall be considered as revenue
(income).
409 •+ • i •+ ��! i My
In addition to all other obligations of this AGREEMENT,
DEVELOPER may be required by the CITY to make modifications to the
CITY's water and sewage systems because of the development's impact
on the systems. The modifications are set forth in Exhibit "E" and
they shall be performed by DEVELOPER prior to the issuance of the
first Certificate of Occupancy, unless provided in this AGREEMENT.
1. If any payment of GUARANTEED REVENUES required by
this AGREEMENT is more than fifteen (15) days late, the CITY shall
send the DEVELOPER a notice of delinquency by prepaid certified
mail, and failure of the DEVELOPER to make the required payment in
full within seven (7) days of the date shown on the notice shall
constitute a default by the DEVELOPER.
2. Other than required payment of GUARANTEED REVENUES,
if any act required by this AGREEMENT is not timely accomplished or
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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.
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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.
5. There shall be an interest penalty equal to the
maximum rate allowed by Florida State Law on any payments due to
CITY from DEVELOPER which are not paid. The penalty, when
applicable, shall accrue from the due date of payment as provided
in this AGREEMENT.
6. The CITY shall be entitled to lien the PROPERTY and
foreclose the lien in satisfaction of any payments due under this
AGREEMENT.
7. CITY shall be entitled to any other remedy at law
and failure to exercise any remedy shall not constitute a waiver of
said remedy.
Prior to acceptance of the work required to be done,
DEVELOPER shall, without Cost to CITY:
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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.
5. Furnish CITY with T.V. inspection and air test of
the sanitary sewer collection system performed one (1) month before
1- year warranty period expires.
6. Install cleanout on consumer's sanitary service in
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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 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 ERC's
of water service and �,T 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. 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:
Flu. _ +M • :.._ _ V� U
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 Sroward 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 11
herein.
H. REREALOF—PRIOR AGREEMENTS
All prior Developer Agreements or Agreements pertaining
to the supply of water and sewer affecting the PROPERTY are hereby
canceled and declared of no force and effect upon that PROPERTY
which is the subject matter of this AGREEMENT.
PART V. MUTUAL ADDITIONAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS
DEVELOPER
It is mutually covenanted and agreed by and between the
parties as follows:
A. EXCLUSIVE 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.
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.
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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C�
•
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.
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.
14
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.
J. ,SEVERnBILITv
If any section, subsection,
portion of this AGREEMENT is for
unconstitutional by any court of
portion shall be deemed a separate
provision and such holding shall no
remaining portions hereof.
TUWWSDA-1
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sentence, clause, phrase or
any reason held invalid or
competent jurisdiction such
, distinct and independent
t affect the validity of the
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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.
TUWWSDA-1
16
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950601 0
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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.
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. 0
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
"Ali 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
18 950601
C�
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
7525 Northwest 88th Avenue
Tamarac, Florida 33321
JVF of Florida, Inc.
555 Steeprock Drive
Downsview, Ontario M3J 2Z6
Canada
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.
* with copy to:
John Barr, V.P.
Gemstar Homes, Inc.
101 N.W. 72nd Avenue
Plantation, F1. 33317
Les H. Stevens, Esquire
8551 West Sunrise Boulevard
Suite 208
Plantation, Florida 33322
0 TUWWSDA-1
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950601
�(_ 5S---
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 -..
EXHIBIT "C" - A copy of the site plan of the PROPERTY
reduced to 8-1/2 inch by 11-inch page
size.
EXHIBIT "D" - A listing for the PROPERTY indicating the
number of ERC's allocated to each
building, the number of meters per
building, and the meter size W .
EXHIBIT "E" - Modification of CITY's water or sewer .
facilities if required by Utilities
Director, if applicable.
Included Not Included X
TUWWSDA-1
20 950601
•
�S=aa az_
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:
.ATTE
By: v(L
Robert S. Noe, Jr.,
City Manager
ATTEST:
By:
Carol A. Evans,
City Clerk
STATE OF FLORIDA:
SS
ACCEPTED BY CITY OF TAMAR.A.0
GRANTEE
By:
Abramowitz,
Mayor \ /
Date:
V
ByNzt �-- n
:
S. Noe, Jr.,
City Manager
Date • -
A r ed as to form:
r"
By,
itchell S. Kra ,
City Attorney
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly
Y PP _ 6 a) d to
g76PL
personally a eared �Q%��2L_�iYl__ r�� ,�
authorized in the State aforesaid and in the Count foresai
take acknowledts, { �_
a F er"7� to me known to be the person (s)
described in and who executed the foregoing instrument and
acknowledged before me and under oath that executed the sam .
W TNESS my hand and official
199:T-.
:P0,p'FMIAL 7MOTTARY S
KAREN L
it 01
(61
a0GOLreoHUuewOcowassm CA
CC2F��ra
_
'uP'S/lY%9�n
(N Personally known to me, or
( ) Produced identification
seal this day of
N ARY PUBLIC, S to of Florida
at Large /- ��--
Xa,e fN REF LJ�cKsdn�
(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.
TUWWSDA-1
21
950601
LJ
ATTEST: DEVELOPER
-� Gemstar Homes, In a Florida Corporatior
By;' L By:4771
Type Naar Elizabeth A. Roop Type Name George E. McArdle
Corporate Secretary President
(Ca=orate Seal)
STATE OF FLORIDA
SS
COUNTY OF Broward
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appearedGeor e E Am
A. Roop as. Secretary of Gemstar Homes, Inc., to me known to
be the person(s) described in and who executed the foregoing instrument
and they acknowledged before me and under oath that they executed
the same.
WITNESS my hand and official seal this 16th day of
August 1.99 5
Ai;R' %'�J j t�AMISETTi
L t i
1 My Comm Exp. 5/18/97 NOTARY PUB rC, S to of Florida
LCNOT
!� Bonded Cry vervlce Ir,sat Large
No.CC2S7634L � G/'e/ C ivies r9 m �J w//
ZPrsua dly Y,nv�n� j ) Yhd L D.
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( ✓) Personally know to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (A DID NOT take an oath.
TLIWWSDA-1
22 950601
tf —1 ��S—,2 0,;L-
0 AEFIDAVIT HALL -BE 99MPLETED TgW�V -NOT A22LICVRLE
I JOSEPH 12TILLA do hereby affirm that I am the
Of JVF Fl nri do f. _Tnc-,.,
and that I have executed a Water and S wer Developer's Agreement with the City
of Tamarac for __CV r- _ �1n L;,= 4 C .. project
and that I am the owner of the property covered by said DEVELOPER'S AGREEMENT.
There are no mortgages held on the propert�r which is the
subject of said DEVELOPER'S AGREEMENT. N
FURTHER AFFIANT SAYETH NOT. NrAOD
IT (Signature)
This /0 /-�' day of 4 V 6l 1 % .
199 -i
J u p/[ r A L- ba-7-/L/ G 7 Ss
eamrrr OF yOle,X
a NafuYy /Z6IC
I HEREBY CERTIFY that on this day, before me, aa^ ewer duly
authorized in the Sul1aforesaid and in to take
acknowledgments, personally appeared
to me known to be the person (a)
described in and who executed the foregoing instrument and
acknowledged before me and under oath that ^�f_-executed the same.
WITNESS my hand and official seal this day of 14 U
199 , -
( ). Personally know to me, or
(,_J Produced identification
( ") DID take an oath, or ( ) DID NOT
TUWWSDA-1
23
NOTARY PUBLIC, a
ca N 7-1q/Z1U
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
take an oath.
M!.9 1
ATTEST:
By:
i
1--oc o, L N c
R
a Florida Corporation.
Type Name C" Arc � � �fT ��r .,' Type Name Josrhpb M111a
Corporate Secretary
(Corporate Seal)
/r � Y2v v/ti'C.� fry �'N7,41�1U
[ J (,j 61C/Aj,, i)l Sir- SS
►�
Vice -President
Q A✓e'r,4 e 44.1c-
��� I HERESY CERTIFY that. on this day, before me, z duly
authorized in the `� �aJForesaid to take
acknowledgments, personally appeared ez u cQ 1d4-T !!e
to me known to
be the person(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 Z0...` day of
- A dGo i -7— , 199-LL.
NOTARY PUBLIC, a
�e--J'/`Zavll+J�� � ON7IQ'/ud
/"/*,A � ,/ rF-
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( ). Personally know to me, or I
( -�) Produced identification �� �'rL 6L A 0 C 4
Type of I.D. Produced
( --KDID take an oath, or ( ) DID NOT take an oath.
TUWWSDA-1
24
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950601
5'ate._ EXHIBTx A
r�
I 0
DESCRIPTION:
Tract 'Y together with the North 73.75 feet of Tract 'T' of "McNAB COMMERCIAL SUBDIVISION NO, I'
according to the Plat thereof as recorded in Plat Book 71. Page 13 of the Public Records of Broward
County, Florida. Sold lands situate, lying. and being In the City of Tamarac. Broword County, Florida
and containing 38.146 square feet (0.876 acres) more or lees.
d
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SHEET 1 OF 1
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NOTES:
1. ELEV. - ELEVATION
2. CCNC. - CONCRETE
IT - CENTERLINE
4-4- CENTRAL ANGLE
5. R - RADIUS
6. L - ARC LENGTH
7, o - 1 /2* IRON PIPE de CAP
8. ? -NAIL 8 DISK
9. B.C.R. - BROWARD COUNTY RECORDS
SURVEYOR'S NOTES:
DRAW BY: JCIt
I CHECKED BY, CWd
SCALE' 1' - 50 LAND SURVEY
This survey was not abstracted by me
F1ElA UK, / POS. :
CERTIFIED TO.,underNgned
far rights-of-o" easernante
of reservations of retard.
REVISIONS:
%��riSTAR
ELEVATION NOTE Devotions are relative
to m National Geodetic Vertical Dotuof
1929, and we shown thus: ds/
1J
I hereby certify that this SURVEY meeb the Minimum Technical
Standards oM ee; forth by the Flauldn Bored of Prof -Wand
FLOW INSURANCE NOTES: Zone: N/A
Lnnd Suveyrn In Chapter 81G17.. n, Florida Administrative Code,"
Dose Flood Elevation _NL
pursuant to S*ctMn 412-027, Flwlda Statutes.
Community Panel No. _NZA_
Engfneerw • 7lanners
Dated L'ils 141h day f -A I y` , 1925 A.D.
px FIRM doled N/A
Land Surv.wrs
Re/erenre Floor Level w
f �" r
Envirorimmtd Professionals
/Umfr6 N. S r'
Loner flanr Level
Lowest Site Grade
i'
torso s, tta e. Gore, lone eoa
TrrnnU r r-, Warn' rsnea
rofrseland Land : yor File Humber
St to �f Florldo RNIetraVan . 2044
leer. it
(sxµos-7'000 r.:r (ecoµse-sees
HOT ONIF.SS SCALED WITH AN 0AXISSM SURVEYOR'S SEAL
ONGS-SUR\5475-IS\47515LS.DYrG
raven uny-an
EXHIBIT C
I
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SITE PLAN
1A
ar+f
ca�
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gh
�_—MILWAP_ROAO
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U�
Cl
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R
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i
rn
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Cp
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:ta iS
a F
3r� ,
J VF%McNA B
APARTMENTS
Ev�°nTMleProl., �bna.
�I
.�..-. •.; w �,�,ti,-•
GEMSTAR HOMES ING
CITY OF TAMARAC, FLORIDA.
L
E
EXHIBIT D
2:AMARAr. WATER AND SENER AGREEMENT
DEVELOPMENT JVF--.McNAB APAE=NTS
METER aCREDULE FOR RESIDENTIAL USE
# OF ERC'S SIZE OF
BUILDING # # QF UNITS WATER SEWER # OF METERS KETERbi
1 10 7 7 1 1 1/2--
METER SCHEDULE ZQR NON-RESIDENTZAL USE
S31ZE
# OF ERC'S Mj
# OF UNITS MTER SEWEJ& # OF METERS
DUMPSTER(S) CONNECTED TO SEWER
I ERC EACH = ERC'S (SEWER)
TOTAL ERCIS (water) —
Page 1 of 2
(Sewer)
TUKWSDA-1
950601
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 411 DIAMETER AT 8" DIAMETER
AT 611 DIAMETER AT — DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. 2A
7 ---�ERC I S + .875 - SITE ACRES = .125 ERC'S /SITE ACRE
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
TUKWSDA-1
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950601
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