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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-236Temp. Reso.7133 CITY OF TAMARAC RESOLUTION NO. R-95_j�._36 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 WEINTRAUB DEVELOPMENT CORP., LONSDALE DEVELOPMENT CORP., GRACLARK, INC. AND DEERCOM, INC. FOR 41 RESIDENTIAL AND 1 NON-RESIDENTIAL WATER AND SEWER CONNECTIONS REQUIRING 42 ERC'S FOR WATER AND 42 ERC'S FOR SEWER; REQUIRING THE PAYMENT OF $115,710.00 IN CIAC FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Weintraub Development Corp., Lonsdale Development Corp., Graclark, Inc. and Deercom, Inc., are constructing 41 unit single-family homes and one recreational parcel in the Point Villas Project located on the south side of 77 Street between 96 Avenue and Nob Hill Road; and WHEREAS, Weintraub Development Corp., Lonsdale Development Corp., Graclark, Inc. and Deercom, Inc. has offered a Water and Sewer Developer's Agreement for Pointe Villas to the City of Tamarac as required by Sections 10-82(a)(12), 10-121(d), 10-122(f) and 10-123(e); and 1 1 Temp. Reso.7133 WHEREAS, the Water and Sewer Developer's Agreement requires Weintraub Development Corp., Lonsdale Development Corp., Graclark, Inc. And Deercom, Inc. to purchase 42 ERC's for water and 42 ERC's for sewer for a combined CIAC fee of $115,710.00 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 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 Weintraub Development Corp., Lonsdale Development Corp., Graclark, Inc. and Deercom, Inc for the Pointe Villas Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. 2 Temp. Reso.ZM SECTION 2: That the appropriate City Officials are hereby authorized to execute a Water and Sewer Developer's Agreement with Weintraub Development Corp., Lonsdale Development Corp., Graclark, Inc. and Deercom, Inc. Attached hereto as "Exhibit 1" for the Pointe Villas Project(attached hereto in map form 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. SF TIC ON 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. 1 3 1 C� Temp. Reso.YjM SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this zZYday of r-� b4c , 1995. ATTEST: 2 A 1 0_ CAROL A. EVANS, C&I C, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to ftflyn. r MITCHELL RAFT CITY ATTORNEY Utilities-mw on LTA e - .' RECORD OF COMMISSION VOTE MAYOR ABRAMOWI7Z DIST. 1: V / M KATZ DIST. 2: COMM. MISHKIN DIST. 3: COMM. SCHREIBER VS% DIST. a: COMM. MACHEK 4 • • WATER AND SEWER DEVELOPER'S AGREEMENT FOR:. POINTZVILLAS (Name of Development) SQuth otN: w,f_,...27th Street THIS AGREEMENT effective this 5 day of 19� made and entered into by and between: 11 The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called "CITY" and at7760 West 20th Avenue, Suite 1, Hialeah, Florida 33016 hereinafter called "DEVELOPER". and �i�i�:�Ti1�1�+/��•I���i�..�K•1�����I.1����'•���al+����1���iIIK•7� " hereinafter calle• W I T N E S S E T H WHEREAS, CITY is the owner and operator of a water treatment plant, together with water distribution and sewage collection facilities known as "TAMARAC UTILITIES WEST WATER AND SEWER SYSTEM"; and 0 TUWWSDA-1 1 950601 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 AGREE VENT y motion passed at a regular City Commission meeting on N 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. The term DEVELOPER shall refer to the Contracting Party in this AGREEMENT who has an ownership interest in the PROPERTY. Is that interest fee sample? X YES or NO. If no, then the nature of the interest is best described as If DEVELOPER is not the OWNER, then . TUWWSDA 2 950601 the OWNER joins in this AGREEMENT and agrees to be jointly and severally liable for the responsibilities of the DEVELOPER enumerated in this AGREEMENT. B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to in this AGREEMENT as ERC, is the assumed average daily flow of a detached single-family residential unit. C. The term PROPERTY, refers to the real property described in Exhibit "A" attached to and incorporated into this AGREEMENT. D. The term GUARANTEED REVENUE refers to a fee paid by DEVELOPER to defray the cost to CITY of maintaining reserve water and sewer systems. The GUARANTEED REVENUE is equal to the applicable monthly service availability charge for water and sewer service. PART II. DEVELOPER'S OBLIGATIONS A. IN91ALLATIONE IN-QOMVLIANCEWJJH SPECIFIf,&TIQN 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 0 TUWWSDA 3 950601 �e. $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 V DEVELORERIg ENGINEER DEVELOPER shall, at his expense, and at no expense to the CITY, retain the services of a registered professional engineer for the purposes of providing necessary inspection and supervision of the construction work to insure that construction is at all times in compliance with accepted sanitary engineering practices and in compliance with the approved plans and specifications. DEVELOPER shall notify CITY in writing of such appointment. A copy of each field report shall be submitted to the Utilities Director's authorized representatiive. Should there be cause or reason for the DEVELOPER to engage the services of a registered engineer (other than the design engineer) for inspections, then DEVELOPER shall notify the CITY within five (5) days of such engagement. The DEVELOPER'S Engineer of Record shall prepare "As - Built" drawings of all construction. DEVELOPER and his Contractor shall arrange for and hold a preconstruction meeting with the Utilities Director or his 0 TUWWSDA 4 950607. �c 9_S__ , __]� 3 (�; 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. D . WRITTENAPPROYAL OF UJILITIES J, ECTOR 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. ENGINEERS REESENT 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. F. L APPLICABLE LAWS 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. 0 TUWWSDA 5 950601 G . sue- B .uT. 2 Wil s DEVELOPER shall, at his own expense and at no expense xP xp se 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. CONTRIBUTION PAYMENIS ERQM • The contribution charges (both water and sewer) shall be calculated according to rates set by Resolution of the City Commission. The contribution charges shall be computed based upon the DEVELOPER'S representation on the approved final site plan for the PROPERTY. A copy of said plan shall be reduced to 8-1/2" x 11" and attached to this AGREEMENT as Exhibit "C". Exhibit "D" is attached to this AGREEMENT and shall indicate the number of buildings to be built, number of residential, non-residential and accessory units and ERC's per building and the number of meters and meter sizes. 0 TUWWSDA 6 950601 ���s_Q'y � • 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: CONTRII (WATER) Residential # 41 Units X 1 ERC's Per Unit @ $1 05.00 Per ERC Non -Residential # 1 ERC's @ $"05.00 Per ERC Total ERC's 42 (WATER) Total Contribution $ 50 610.00 .bhp. i - .1 i residential # 41 Units X 1 ERC's Per Unit @ $1.550.90 Per ERC Non -Residential # 1 ERC's @ $1,55,Q,00 Per ERC Total ERC's 42 (SEWER) Total Contribution $ 65, 100.00 . The DEVELOPER has paid to the CITY the sum of one hundred fifteen thousand seven hundred ten and 00/100 115 710.00 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. 0 TUWWSDA 7 950601 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 Broward County YES X 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. MODIUCATION TO CITY'SWA TER OR SEWER 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 TUWWSDA 8 950601 �- . 9..S- - ::� -� (�' • 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. •� ; �!� Z; 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 after the expiration of a thirty (30) day grace period in order to enable the DEVELOPER to correct any defaults: 1. Any reserved plant capacity under this AGREEMENT may be rescinded and forfeited. Z. 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: ! TUWWSDA 9 95060 iz c S- . 3 C , 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 10 TUWWSDA 10 950601 accordance with current Utility Standard Detail. PART III. CITY'S OBLIGATION A. CITY'S MAINTENANCET AFTER CERTAIN COhM=IONS 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 42 ERC's of water service and 42 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. TUWWSDA 11 950601 16 - �, -S-- --:1 � (� C. IMPOS5IBILITY IQ 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 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: �I yWt-3-N-aK6TWtM1KW4Xej 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 0 TUWWSDA 12 950601 to the GUARANTEED REVENUES set forth in Section I of Part II herein. B. REPEAL OF ERIOR AGREEMEHIS 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 40 service and sewage collection service to consumers within the PROPERTY covered by this AGREEMENT. f Fl ; • r 631FIZU • 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 10 TUWWSDA 13 950601 certain conditions. The water and sewer rates to be charged by CITY to said customers shall be the rates now or hereafter charged to other customers within the area of service of TAMARAC UTILITIES WEST WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and agrees that the rates are subject to change at any time by CITY. D. CITY NOT LIABLE EQR DEVELOPER'S QR-CONSUMERIS PROPERTY 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. E. SYSTEM ON CONMER'STD--BE--KEPT IN 290D WORKIXG 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. x:FFETT DAT 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. 0 TUWWSDA 14 950601 �Z _ 5,31-,,-� It is assumed that a single family home on the PROPERTY will be serviced by a 5/8-inch water meter. If a larger water meter is needed, then the owner (whether DEVELOPER, Assignee or Homeowner) will be charged additional contribution charges which must be paid at the rate prevailing at the time of the application for larger meter for additional ERC's, to accommodate the larger meter. -4 BUT WREIM 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. 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, 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. 1KyKR&U1L= if any section, subsection, portion of this AGREEMENT is for unconstitutional by any court of portion shall be deemed a separat provision and such holding shall no . TUWWSDA 15 t K. 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. • ei.0 '.i• •N. 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. 2. _QLZ Cay 10 TUWWSDA 16 950601 r(_1 - 5� �--'2 _3 � 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 TUWWSDA 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. N. 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 10 TUWWSDA 18 950601 r Ordinance 86-61 and Tamarac Ordinance 85-521. DEVELOPER agrees not to discharge hazardous materials into the sanitary sewer system as defined by Hroward 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 Samuel Weintraub . 7525 Northwest 88th Avenue c/o Weintraub Development Corp. Tamarac, Florida 33321 7760 West 20th Avenue, Suite #1 Hialeah, Florida 33016 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 19 950601 �C _ q S-, ----) 3 (- PART VII. ADDITIONAL PROVISIONS A. OBIT$ 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 PROPERTY reduced to 8-1/2 inch by 11-inch page size. EXHIBIT "D" - A lasting 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 0 TUWWSDA 20 950601 ,e_ Y--�- -:2 3 (�7 �J J C� 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: ATTESTo .\ By;U Robert S. Noe, Jr., City Manager ATTEST: By: Carol A. Evans, clie City Clerk STATE OF FLORIDA: SS COUNTY OF _ &W,40: ACCEPTED BY CITY OF TAMARAC G EE By orman Abramowitz, Mayor t-- Date By :VA 2! Robert S. Noe, Jr., City Manager Date : !�y�'� AE App e a form: y= Mitchell S. Kraft, City Attorney 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_ Nnerm o $ajexj�jo to t TZ JeDegjer a 2E to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before and under oath me that —executei the same. _� WITNESS my hand V official _Ds4o l'�e-r _, 199. jP,Ry PV,, OFFICIAL NOTARY $U O . KAREN LEE JACKSON �0 COMMISSION NW18PJ1 IfY o°saa aca. Expi res MAY 14 1 (( r Personally known to me, 00r �p ( ) Produced identification seal this —14S� day of NOTARY PUBLIC, St (f.e of Florida a t rg� (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or><5 DID NOT take an oath. 0 TUWWSDA 21 .7 ATTEST: By: Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF DEVELOPER: WEINTRAUB DEVELOPMENT CORP. By:5��Z � Type Name President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and.4.n the Cou�n�ty aforesaid to take acknowledgments, personally appeared U tye"O/-y� to me known to be the erson(s) described in and who executed the forego ng instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and'�Ilficial seal this day of 199 �Pgy PVQ OFFICIAL NOTARY SEAL 0 _ i tlrCi ELLEN P. COSTA CoMM1B91ON N)JMBER OC266478 '7 ;v ' MY OOMMISSION 1¢XP. FOF f\P DEB, 1 I047 'Nowl (� Personally know to me, or ( ) Produced identification NOTARY PUBLIC, 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 ( v'J' DID NOT take an oath. TUWWSDA 0 22A 950601 ATTEST: By. Type Name Corporate Secretary iCorporate Seal) STATE OV FLORIDA SS COUNTY OF DEVELOP LONSDALE DEVELOPMENT CORP. By: Type Name �'4Mt��.C.- Lva�i�l'rt2�r�Pl Via -President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and the County aforesaid to take acknowledgments, personally appeared U4—;:- to me known to be the son(s) described in and who executed the foregoing instrument and --- acknowledged before me and under oath that 2r=& executed the same. WITNESS my hand and official seal this d % �— day of ,\p RY PU6 OFFICIAL NOTARY SEAL O �i ELLEN K COSTA fir= COMMISSION NUMBER CC265478 MY COMMISSION EXP- OF FVn FEB. 21 1 A97 Personally know to me, or ( ) Produced identification NOTARY PUBLIC, 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. TUWWSDA 0 22 B 950601 By. Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA �SS COUNTY OF J44 DEVELOPER: \\DEERCOM, INC. By: Type Name SA-mOEL L(X4r~6 V[CPresident 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�1UCL„= r✓ to me known to be the erson(s) described in and who executed the foregoing instrument and p acknowledged before me and under oath that 7 executed the same. WITNESS my hand and official seal this „�-•— day of 1993 tiWaY °L/B OFFICIAL NOTARY SEAL {� ELLEN K COSTA �,�,�Srj * COMMISSION NUMBER CC266478 MY COMMISSION EXp, OF FLU �81�. 21 1007 ( Personally know to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large �� �..�.✓ ��a ..sir (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 0 22 C 950601 -5---,-2- 0 �J Kv*4*-fF 0 By: Type Name Corporate Secretary 'Corporate Seal) STATE OF FLORIDA SS COUNTY OF DEVEL R : GRACLARK, INC. By: Aornj dl�76'zu /- Type Name .. i lr� rJE � U)y. / 41 re*0 V(Q"CPresident I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and i the County aforesaid to take acknowledgments, personally appeared V�L !'Y/i1/Til to me known to be theeeer�son(s) described in and who executed the forego ng instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this � ? day of 1990 e-4—� PLA OFFICIAL. NOTARY SEAL ��,qY G I ELLEN K COSTA COMMISSION NUMBER q CC265470 EXP. 7' MY COMMISSION 2111097 OF DLO FP_p, (Personally know to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large 4r,L�� eCa.�--7� (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 22 D 950601 is C� ATTEST: By: Type Name Corporate Secretary (Corporate Seal) S`I'ATV� OF FLORIDA SS COUNTY OF WNER WEINTR.AUB DEVELOPMENT CORP, By: %` Type Name E4MVP - Ore t✓7-0901 , President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and i the County- aforesaid to take acknowledgments, personally appeared L� WjKl L5 to me known to be the rson(s) described in and who executed the forego ng instrument and acknowledged before me and under oath that executed the same. ITNESS my hand and o icial seal this �7 day of 199. 1PRY PC�A OFFICIAL NOTARY SEAL NOTARY PUBLIC, State of Florida 0 (1 ELLEN K COSTA at Large it i COMMISSION NUMBER ! a C C285478 MY COMMISSION EXP. OR F10 a 2-1 97 3 ( Personally know to me, or ( ) Produced identification (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 24 A or-46F" LJ • ATTEST: BY: _ N 4 c� Type Name_ Iv 1. R Corporate Secretary ;Coxpnra.te Seal) STATE CP FLORIDA SS COUNTY OF P/4-Dg OWNER: LONSDALE DEVELOPMENT CORP. Type Name J- rme)E L IX IilC W ; Y 41* Vl Lf, 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 S4-Mu'g Q- to me known to be the rson(s) described in and who executed the foregoing instrument and t acknowledged before me and under oath that executed the same. ITNESS my hand and icial seal 199 1PRY pV6 OFFICIAL NOTARY SEAL vp r'',) ELLEN K COSTA �'3 COMMISSION NUMBER a CC2654 .8 �ti0 MV COMMIAlIION EXP. OFF\P FEB. 71,1n�7 ( personally know to me, or ( ) Produced identification this (:2 day of �& k - NOTARY PUBLIC, 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 24 B 950601 - 9 s7- ,?3 (:� • C� ATTEST: By: N�a Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF R : CLARK,, INC. By: Type Name J 4miAL- Llg id rak A Vic.f. President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and i the County foresaid to take acknowledgments, personally appeared County nw-V8 to me known to be the erson(s) described in and who executed the forego ng instrument and — acknowledged before me and under oath that executed the same. TNESS my hand and 9�tficial seal 19 9 . tiP�Y "(16 OFFICIAL NOTARY SEAL 2 ? i(r ELLEN K COSTA �3e 7 COMMISSION NUMBER qpr F`6 21-. nO7 (� Personally know to me, or ( ) Produced identification this 7 _ day of NOTARY PUBLIC, 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 (v'j"D ID NOT take an oath. 9 TUF1in1SDA 24 C 950601 • l_J ATTEST: By: Type Name.— NU l R Corporate Secretary (Corporate Seal) STATE OF FLORIDA l n� SS COUNTY OF 'lI� R : DEERCOM, /IN_C . By: ! Type Name S1 4mtlF-L kkmfT/L,4'r President I HERESY 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 v — '3 to me known to be t72& erson(s) described in and who executed the foregoi� g�, i,nstrument and _ acknowledged before me and under oath that _executed the same. WITNESS my hand and official 199 �V ,,p,RY PU OFFICIAL NOTARY SEAL dy �. ELLEN K COSTA N2 ti COMMISSION NUMBER CO265478 ANY COMMISMON EXP. ( V Personally know to me, or ( ) Produced identification seal this L day of V NOTARY PUBLIC, 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 (L,�DID NOT take an oath. 0 TUWWSDA am 950601 e - 57s- - C�2- 3 �- v is I rrau 6AM hiet*Ib do hereby affirm that I am the 1 of WEINTRAUB DEVELOPMENT CORP, and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for POINTE VILLAS 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 SAYETFi NOT, (Signature) This day of 199� STATE OF FLORIDA SS COUNTY OF /}-n�-- 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 c5' GJ dL ,6 to me known to be the per n (s ) described in and who executed the foregoin instrument and acknowledged before me and under oath that executed the same. TNESS E�7 my hand and official seal thi day of , 199 4�-- p(ief NOTARY PUBLIC, State of Florida p,�PRY OFFICIAL NOTARY SEAL 2? ELLEN K COSTA 7 4'• COMMISSION NUM13F_n at Large a / L4 t� �C)F F1A�y MY COMMISSION EKP. FFO, .1log7 (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 ( � DID NOT take an oath. TUWWSDA 25 A 950601 1 I �,n. hJetL6 ,_ do hereby affirm that I am the �ae- Pm5 0 f LONSDALE DEVELOPMENT CORP. and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for POINTE VILLAS 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. (Signature) This day of 199 STATE OF FLORIDA COUNTY OF SS �%� 7 �-- 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 � U S I, to me known to be the perso (s) described in and who executed the foregoing instrument and acknowledged before me and under oath that �� executed the same. TNESS my hand and official seal this l day of 19 9,. O1p.RY pG� pFFICIAL NorARv NOTARY PUBLIC, State of Florida *� j?ran ELLEN K COSTAEAL at Large co MMIS51ON NUMBER �� MY COMMISSION EX OF F1.o iF'�. �i 10� 97 w. (Name of Notary Public: Print, Stamp, or Type as Commissioned) (tIr Personally know to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (Vl---D-ID NOT take an oath. TUWWSDA 25B 950601 do hereby affirm that I am the of GRACLARK, INC. and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for POINTE VILLAS 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. tv (Signature) This / day of 199� . STATE OF FLORIDA nn SS COUNTY OF Jn �-• 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 u ; GNF�,✓71r� to me known to be the per_ ,on (Ws ) described in and who executed the foregoi instrument and acknowledged before me and under oath that executed the same. ���-- �WITNESS my hand and official seal thisr� day of 19 x1�..._ �P(ZY PU, OFFICIAL NOTARY SEAL !� ELLEN K COSTA 2 ') 1)r� * COMMISSION NUMBER z� CC265478 MY COMMISMON EXP. (� Personally know to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large L a (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. TL7WWSDA 25 C 950601 I y)� do hereby affirm that I am the ILG I1Z�IGJI of _ DEERCOM, INC. and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for POINTE VILLAS 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. "in (Signature) This day of 19911,� STATE OF FLORIDA COUNTY OF t4n10,' SS 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 �U.¢,L_ d/er4/� described in to me known to be the pers,�n (s ) and who executed the foregoi g iastrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official � seal 19 9, this day t, OFFICILRY G NOTARY PUBLIC, State of Florida REAL ELOSTAat COMMNUM9I:RC78 FFF Large MY CON EXp, Fr'1007 (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 ( ") DID NOT take an oath. . TLJWWSDA 25 D 950601 EXHIBIT "A"\ (suet of Z) LEGAL DESCRIPT'CN A PORT/ON OF TRACTS 23 AND 24 OF THE FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO.2. OF SECTION 5. TOWNSHIP 49 SOUTH. RANGE 4/ EAST, AS RECORDED /N PLAT BOOK I. PAGE 102. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5. THENCE NORTH 00' 06' 44" WEST. ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 2510.67 FEET; THENCE NORTH 80" 1/' 57" EAST, A DISTANCE OF 110.08 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 80' II' 57" EAST, A DISTANCE OF 389.12 FEET; THENCE NORTH 06' 12' 12" WEST, A DISTANCE OF 873.01 FEET; THENCE SOUTH 75' 45' 15" WEST, A DISTANCE OF 129.50 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT. A RADIUS OF /680.00 FEET, AN ARC DISTANCE OF 168.66 FEET; THENCE SOUTH 00' 06' 44" EAST. A DISTANCE OF 869.03 FEET TO POINT OF BEGINNING. SAID LANDS SITUATE. LYING AND BEING IN BROWARD COUNTY. FLORIDA AND CONTAINING 6.7757 ACRES. 0 HAVING THE EXHIBIT A • r- —I L- RML �J `+i�$iN�IrI 7 r r . 4 � I � r I I �I 6a E I •I �u I � r � I � II wwrrs r rrr w I I y 4W "" sr r I I "'An aw cww �,�, : ■ It as axe a .a a+ui �� �� �� F•.�,0�i pop Ila oil 1. ANN ti 11,i a m Z~ Q N� �a rny� NZ� n �`°w o v�mi C�7 m r O a2V1 C A�b z EXHIBIT C • r] • rr."w 11 �I I - �I I ill �d r i op I � }� rr r•ti I I Iw•+rr 11 6a � .. glrtwr�. 5 ii r,w•i meow a — I iti ~ _ a M I CM& r 11 rr a ar r o r a e Ism$ 1��g �i� • Irt �■ aa 1 pgg: � iyiy 13 use IRV • ra•ur•• i I P EXHIBIT D DEVELOPMENT POINTE VILLAS # OF ERC'S SIZE OF BUILDING # # OF UNITZ WATER _ SME #_OF METERS TER% n/a 41 41 41 41 5/801 ZOTAL$ 41 41 41 41 # OF ERC'S SIZE OF SERVICE USE # OF UNITS MER---SEWER OF_MIERS METERS Recreational Parcel (bath 1 1 1 1 5/8" x 3/4" rooms) N/A DUMPSTER(S) CONNECTED TO SEWER 0 1 ERC RACE ERC'S (SEWER) TOTAL ERC'S 42 (Water) 42 Page 1 of 2 0 TUWWSDA (Sewer) 950601 0 • 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. 21 42ERC' S + 6.77 SITE ACRES = 6.20 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. TLWWSDA Page 2 of 2 X�,. 950601 0 0 0 LAND SEC. ROCKFORD T R 2 8 6 1A SEDGEFIELD MyFyow x "TI TR16 R 7 MIr E V A N-] Co CHURCH TR33 I Z KINGS PT, PROF. PLAZA I o 'Z Lim u 0 pq to (4 Z Li -i u < r 0 C6 x NORTH I R BELFORT . . . . .. . . . . . 0--/- - -xR---o ---- 71 pL.-01 11\ \ETR40 I NOB HILL/ [POINT PLAZA • .4- STWOOD PLAT