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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-245Temp. Reso.7231 CITY OF TAMARAC RESOLUTION NO. R-95 c "qS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A WATER AND SEWER DEVELOPER'S AGREEMENT WITH LENNAR HOMES, INC. FOR THE GRANVILLE PHASE III PROJECT FOR 100 MULTI -FAMILY RESIDENTIAL WATER AND SEWER CONNECTIONS REQUIRING 70 ERC'S FOR WATER AND 70 ERC'S FOR SEWER; REQUIRING THE PAYMENT OF $192,850 IN CIAC FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc. is constructing a 100 unit multi -family condominium in the Granville Phase III Project located north of Fairfax, South of 80th Street and west of Nob Hill Road (shown in map form as "Exhibit 1 "); and WHEREAS, Lennar Homes, Inc. has offered a Water and Sewer Developer's Agreement to the City of Tamarac for the Granville Phase III Project as required by Sections 10-82(a)(12), 10-121(d), 10-122(f) and 10-123(e); and WHEREAS, the Water and Sewer Developer's Agreement requires Lennar Homes, Inc. to purchase 70 ERC's for water and 70 ERC's for sewer for a combined CIAC fee of $192,850 as required by Resolution R-94-210; and 1-1 Temp. Reso.7231 WHEREAS, Lennar Homes, Inc. owns Marmon Credits which have a value of $542.00 each, are honored by the City and can be applied against water and sewer CIAC fees; and WHEREAS, Lennar Homes, Inc. will apply 100 Marmon Credits at a total value of $54,200 toward the CIAC fees and has paid $138,650 on September 20, 1995; 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 Lennar Homes, Inc. for the Granville Phase III 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 5ECTIOUL That the appropriate City Officials are hereby authorized to execute a Water and Sewer Developer's Agreement with Lennar Homes, Inc. for the Granville Phase III Project (attached hereto as "Exhibit 2") and accept the CIAC fees. SECTIONThat 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. 1 1 Temp. Reso. ZL SECTION 6: passage and adoption. 1995. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this - day of ATTEST: CAROL A. EVANS, C MC CITY CLERK I HEREBY CERTIFY that I ave apprord this RESOLU N as to f6rm.1 ITCHELL S CITY ATTC Utilities-mw MFT EY A / r i R . 114YOR RECORD OF COMA MAYOR ABRAMOVWU DIST. 1: _ _ , C DIST. 2: COMM. MISHKIN DIST. 3: COMM. SCHREIBER DIST. 4: COMM. MACHEK 4 ►Lol j • ,2 - (�? s a_ vs i r - J. 1 w p4• z 1� Q TRG w Icz a. x -w 1¢ I� Q i 1 1 I 1 E.16IBIT i SANIBEL S❑UTHGATE83 SpLVD, ST w 80 CT 4CE Lo E TR12 EXETER j/i%�� TRENT A TR14Cr//j/� je w : Q Q Q ¢ 82 ST co CD o � o o 81 ST WE TW❑06 SE T I ❑N 4 8 � o� ST 8 TR13-A 0 I sT 11 EXETER // i %% j/j j j j/ j% LOCATION IS SITE LLJ '/j%//i GRANV I �-// Z, im I %T R 15 B Q� I A " LJ A T R SEDGEFIELD GRANVILLE PHASE III WATER AND SEWER DEVELOPER'S AG GRANWSDA, DWG • FOR: Granville Phase 3 (Name of Development) GENERAL LOCATION: North of Fairfax between N.W. 108 Terrace & Nob Hill Road THIS AGREEMENT effective this day of 19�made and entered into by and between: The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called "CITY" and Lennar Homes, Inc. at 7600 Nob Hill Road, Tamarac, Florida 33321 hereinafter called "DEVELOPER". =1 Tennar Hones, Inc. at 7600 Nob Hill Road, Tamarac, Florida 33321 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 "TAMA,RAC UTILITIES WEST WATER AND SEWER SYSTEM"; and TI7WWSDA-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 ally Portion of contribution -in -aid -of -construction charges third parties, and which is attached as Exhibit "B". g s owed to and WHEREAS, the City Commission has approved this AGREEMENT and has authorized the proper city officials to execute this AGREEMENT by motion passed at a regular City Commission meeting one 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? X YES or NO. If no, then the 0 . nature of the interest is best described as If DEVELOPER is not the OWNER, then TUWWSDA-1 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 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 TUWWSDA-1 3 950601 1�1 $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_ EY_DEVEL!QPEB19 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 TUWWSDA-1 4 950601 5 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. EX91HEERS PREEENT 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. 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 0 errors or omissions in the approved plans or specifications. TUWWSDA-1 5 950601 • 1� • e Oro as) "IPA . , DEVELOPER shall, at his own expense and at no expense to the CITY, furnish to the CITY one complete set of reproducible mylar and two sets of prints of As -built drawings prepared by a Florida registered engineer who designed the water distribution and sewer systems or by any other engineer retained by the DEVELOPER. The As -Built drawings shall be approved by the Utilities Director's authorized representative. As -Built drawings shall be certified and sealed by the DEVELOPER's engineer showing all pertinent information as to all mains, services and appurtenances belonging to, and affecting the water distribution and sewage collection systems and service lines as constructed in the field, As -Built drawings shall also be sealed by a Florida registered surveyor as to the actual locations of all surface features of these systems, easements and right of ways which are part or adjacent to the property and shall include all paving and drainage facilities constructed in conjunction with the water and sewerage facilities. The contribution charges (both water and sewer) shall be calculated according to rates set by Resolution of the City Commission. The contribution charges shall be computed based upon the DEVELOPER'S representation on the approved final site plan for the PROPERTY. A copy of said plan shall be reduced to 8-1/2" x 11" and attached to this AGREEMENT as Exhibit "C". Exhibit "D" is attached to this AGREEMENT and shall indicate the number of buildings to be built, number of residential, non-residential and accessory units and ERC's per building and the number of meters and meter sizes. TTJWWSDA-1 C1 950601 Payment of the contribution charges is a condition precedent to the execution of this AGREEMENT. The contribution charges applicable for this AGREEMENT are summarized as follows: Residential # 100 Units X '70 ERC's Per Unit ® $1.205.00 Per ERC Non -Residential # 0 ERC's @ $1.205.00 Per ERC Total ERC's 70 (WATER) Total Contribution $ 84,350 residential # 100 Units X '70 ERC's Per Unit ® $1.550.00 Per ERC Non -Residential # 0 ERC's @ $1.550,90 Per ERC Total ERC's 70 (SEWER) Total Contribution $ 108,500 Less Marmon Credit of 100 units @ $542/units in accordance 192,850 with Marmon Agreement. (54,,200) 138650 The DEVELOPER has paid to the CITY the sum of One _ hundred thirty eight thousand, six hundred fifty 138,650 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 b signature of the Finance Director: Stanley Hawthorne, inance Director Date I. GUARANTEED REVENUE 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. TUWWSDA-1 7 950601 r� 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 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) . a.. .... :_.i 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-1 8 950601 • • • 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. _-" •v i�1 _kx. Should DEVELOPER be in default of this AGREEMENT, it is agreed that the CITY shall have the right to exercise any of the following sanctions or penalties: 1. Any reserved plant capacity under this AGREEMENT.may be rescinded and forfeited. 2. The site plan for the PROPERTY is voidable by Resolution of the City Commission. 3. No final inspections shall be approved by CITY. 4. No Certificate of Occupancy shall be issued by CITY for any unit on the PROPERTY. S. There shall be an interest penalty equal to the maximum rate allowed by Florida State Law on any payments due to CITY from, DEVELOPER which are not paid. The penalty, when applicable, shall accrue from the due date of payment as provided in this AGREEMENT. 6. The CITY shall be entitled to lien the PROPERTY and foreclose the lien in satisfaction of any payments due under this AGREEMENT. 7. CITY shall be entitled to any other remedy at law and failure to exercise any remedy shall not constitute a waiver of said remedy. Prior to acceptance of the work required to be done, DEVELOPER shall, without cost to CITY: TUWWSDA-1 9 950601 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 1.5' 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 TUWWSDA-1 10 950601 accordance with current Utility Standard Detail. PART Ill. 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 70 ERC's of water service and 70 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-1 11 950601 C. IMPOSSIBILITY TO PROVIDE_SERVICE In the event that the CITY cannot provide sufficient service as a result of the actions of any regulatory agency, then the CITY's sole obligation shall be to refund DEVELOPER'S contribution charges as described in this AGREEMENT, for those units for which CITY is unable to provide 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: A. ASSIGNMENT OF THIS AGREEMENT In addition to bindingDEVELOPER, 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 TUWWSDA-1 12 950601 C� is to the GUARANTEED REVENUES set forth in Section I of Part II herein. B. REPEAL -OF PRIOR AGREEME=S 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: OWWWWOK" WIN 48 z7fl cc) It �W*40W4 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 TUWWSDA-1 13 950601 *provided, however, the foregoing does not apply to the DEVELOPERS AGREEMENT between Tamarac Utilities, Inc. and Montwood, Inc. dated July 31, 1979, which AGREEMENT has been assigned to Lennar Homes, Inc. (formerly F & R Builders, Inc.) by Assignment dated December 21, 1979. • 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. �V • a • � . 1ti� . � • - • ." ... ��1��.�C•�l�l���l��t�i•I•�-�1:C•�.ii�f��t Each consumer of water service or sewage collection service on DEVELOPER's PROPERTY shall keep all water pipes, service lines including cleanouts, connections and necessary fixtures and equipment on the premises occupied by said consumer, and within the interior lines of the lot occupied by the consumer in good order and condition. The sale of water by CITY to the consumer shall occur at the consumer's side of the meter but the obligation for the maintenance of the lines shall be as set forth above and in applicable CITY regulations. F. EFFECTIVE DATE Unless otherwise specified in this AGREEMENT, this AGREEMENT shall not be binding until fully executed, but once executed, it shall have a retroactive effect commencing from the date of the City Commission meeting at which it was approved. W11 10*1CF-VW4A§ 4404f - . TUWWSDA-1 14 950601 • 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. r M ; Any temporary cessations or interruptions of the furnishings of water and sewer service to the PROPERTY described herein at any time caused by an Act of God, fires, strikes, casualties, accidents, power failures, necessary maintenance work, breakdowns, damage to equipment or mains, civil or military authority, riots or other cause beyond the control of the CITY shall not constitute a breach of the provisions contained herein nor impose liability upon the CITY by the DEVELOPER, his successors and assigns. If any section, subsection, sentence, clause, phrase or Portion of this AGREEMENT is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. TUWWSDA-1 15 950601 • • 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. • . . i.;. - • •, 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. 4 2. RD TUWWSDA-1 16 950601 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-1 17 950601 �J water service meter. g. Prior to connection of water service, the back -flow prevention assembly must be inspected and tested by a certified tester. If at the time of testing, the assembly is found to be malfunctioning, the DEVELOPER will be notified by the CITY and water service will not be provided until such time as the back - flow prevention assembly does pass inspection. h. Annual (or at intervals determined by Utilities Director or his designee) inspections and tests of back -flow prevention assembly shall be performed by state certified back -flow tester. DEVELOPER/OWNER must have tests performed (with results submitted to Utilities Director) by a State certified back - flow tester at DEVELOPER/OWNER expense. The DEVELOPER/OWNER will be responsible for insuring that proper plumbing permits have been obtained and fees paid. DEVELOPER acknowledges that property described in Exhibit "A" _/is,not) within a Broward County Protected Well Field zone of influence per Broward County Ordinance 84-60 or within an existing or proposed well field zone of influence as determined by Tamarac 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. W, 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 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: FOE CITY OF TAMARAC: FOR THE DEVELOPER:_ Michael J. Smolak, V.P. City Manager Lennar Hanes, Inc. 7525 Northwest 88th Avenue 7600 Nob Hill Road Tamarac, Florida 33321 Tamarac, Florida 33321 Notice so addressed and sent by prepaid certified mail, with return receipt requested, shall be deemed given when it shall have been so deposited in the United States mail. TUWWSDA-1 19 950601 9s �z ys— PART VII. ADDITIONAL PROVISIONS A. ZZ31= 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: X 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(s). 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 • • v-- • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and delivered in the presence of: ATTES : By:" Robert S. Noe, Jr., City Manager ATTEST: By: Carol A. Evans, City Clerk STATE OF FLORIDA: ACCEPTED BY CITY OF TAMARAC G T=Nrman B Abr amowitz, Mayor Da By : 4 Robert S. Noe, Jr., City Manager 44 Date: as tO form: By it hel S. Kraft, : SS '- City Attorney COUNTY OF rj►(//D 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 6 '�� ifyok- eo 'r S gojE (-Ml HAONC-Elt-to me known to be the person(s) described in and who executed the foregoi instrument and 117 acknowledged before me and under oath that executed the same WIT SS my hand and official IA)kxt � , 19 9 5 Q' ,I,pY p!/BOFFICIAL NOTARY SCAL KAAEH LE1° 4=304 :S CC201573 MY CCH"Sa*N EXP. �oFF�o� MAY t4.199e Personally known to me, or ( ) Produced identification ( ) DID take an oath, or TUWWSDA-1 seal this 4 day of !M NO Y PUBLIC, S e of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID NOT take an oath. 21 4*1Vof" • • ATTEST: By:� t.L Type Name Martin L. Riefs DEVELOPER Lennar HOves, In By: Type Name Michael J. Srmlak Ass't. Corporate Secretary Vice president (Corporate Seal) STATE OF FLORIDA SS COUNTY OF BROWAM 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 appearedMichael J. Rmlak and L. Riefs 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 _ // day of , 199 5 ROSE SCHWARTZ MY CDMMISS ION N CC 4IM EMFES: Meruh 27,1999 11nu hoary Pubk undwwffhn (X) Personally know to me, or ( ) Produced identification NOTARY PUBLIC, State df Florida at Large �J (A) (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced is( ) DID take an oath, or (yJ DID NOT take an oath. TUWWSDA-1 22 950601 • C� C� I Michael J. Smolak do hereby affirm that I am the Vice President of Lennar Hcmles,_ Inc. and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for Granville Phase 3 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. , r A(itune) 199� STATE OF FLORIDA SS COUNTY OF Broward This // day of 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 michaia1.1 ,gyxak— to me known to be the persons) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this -&L day of 199 5 _ SC TZ / 70robd MY COMMISSION CC 448687 'sEXPIRES: '`� Mamh 27,1M Thnt NDWy ftft WdeM # n 16�-- / d6��a_� - NOTARY PUBLIC, State qW Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) (X ) Personally know to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( DID NOT take an oath. TUWWSDA-1 23 950601 • • ATTEST: OWNS Homes Inc. By: 1By: Type Name Martin L • R.i.ef s Type Name ael J . Sawlak Ass't.Corporate Secretary V.P. President (Corporate Seal) STATE OF FLORIDA SS COUNTY OF Broward I HEREBY CERTIFY that on this day, before me, an, officer duly authorized in the State aforesaid and in the County aforesaid to take y acknowledgments, personally appeared Michael J. Smolak to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this �� day of 199S ROSE SCHWARTZ MY COMMISSION N CC 44M7 a€ MKS: March 27. IM Bonded ThN Nowy Pow Ilndmmm (X ) Personally know to me, or ( ) Produced identification ds�'L' NOTARY PUBLIC, State Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced 0 ( ) DID take an oath, or (,<) DID NOT take an oath. TUWWSDA-1 24 950601 CARNAHAN AND ASSOCIATES INC. CONSULTING ENGINEERS �URVEYORS LAND DEVELOPMENT CONSULTANTS PLANNERS 6191 W. ATLANTIC BLVD. MARGATE, FLORIDA 33063 (305)-972-3959 SKETCH AND LEGAL DESCRIPTION PHASE III - GRANVILLE A PORTION OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST (N.W.) CORNER OF THE PLAT ENTITLED "FAIRFAX" AS RECORDED IN PLAT BOOK 134 AT PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 04'27'11" EAST, ALONG THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF SAID PLAT, A DISTANCE OF 1233.39 FEET; THENCE NORTH 00'02'01" EAST, A DISTANCE OF 157.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00.02'01" EAST, A DISTANCE OF 346.32 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY, EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 180.U0 FEET AND A CENTRAL ANGLE OF 134'33'08", A DISTANCE OF 422.71 FEET TO A POINT LYING ON A NON -RADIAL LINE; THENCE SOUTH 04'19'00" WEST, ALONG SAID NON -RADIAL LINE, A DISTANCE OF 107.60 FEET; THENCE SOUTH 85'41'00" EAST, A DISTANCE OF 17.98 FEET; THENCE SOUTH 39'34'10" EAST, A DISTANCE OF 32.56 FEET, THENCE SOUTH 04'19'0U" WEST, A DISTANCE OF 158.44 FEET; THENCE SOUTH 00'02'01" WEST, A DISTANCE OF 0.76 FEET; 'THENCE NORTH 89'57'59" WEST., A DISTANCE OF 18.00 FEET; THENCE SOUTH 00'02'01" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'57'59" EAST, A DISTANCE OF 18.00 FEET; THENCE SOUTH 00-02'01" WEST, A DISTANCE OF 70.00 FEET; THENCE NORTH 72'42'10" EAST, A DISTANCE OF 11.38 FEET; THENCE SOUTH 11'13'47" WEST, A DISTANCE OF 85.99 FEET; THENCE SOUTH 15'49'41" WEST, A DISTANCE OF 102,11 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 74.00 FEET AND A CENTRAL ANGLE OF 01'47'29", A DISTANCE OF 2.31 FEET TO A POINT LYING ON A NON -RADIAL LINE; THENCE NORTH 89'57'59" WEST, ALONG SAID NON -RADIAL LINE, A DISTANCE OF 217.11 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 90.00'00, A DISTANCE OF 117.81 FEET TO THE POINT OF 899JUNING. SAID LANDS SITUATE IN THE CITY OF'TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 4.154 ACRES MORE OR LESS. SCALE: BEARINGS BASED ON SAID PLAT ENTITLED "FAIRFAX" REVISIONS JDATE1 BY NOTES: 1) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD. 3) DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRU- MENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. J,. B NO. 871107- DATE: 8_2` 89 DRAWN BY: ExVkB%T R SHEET 1 OF 2 SHEETS 1 HEREBY CERTIFY THAT THE ATTACHED SKETCH AND LEGAL DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE DESCRIBED PROPERTY CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF LAND SURVEYORS, IN SEPTEMBER 1981, AND THAT SAID SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. LANDON M. CROSS PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 3348 kRt I CHECKED BY: J.H. I F.B-/PG- N/A C� rI O O O S PW•� N w N N N N M O a p PO C p P O r. p r P N C C ry 4:0 in 6m `CNr ~ m w H u1 og� b w w n n ri Q o KPi r O A M ¢ G O r n M LA M r4 NNar�+ M '1 v Wp N H t Won W W K r f1 ~ CA o SHa:r I OF i • LENNAR HOMES, INC. F/K/A F & R BUILDERS, INC. ANALYSIS OF ASSIGNMENT ON ERC/UNITS FROM MARMON ERC/UNIT UTILIZED REMAINING UTILIZED REMAINING CUMULATIVE TOTAL 754.50 5/14/86 CLAIRMONT PARCEL A 157.00 CUMULATIVE TOTAL 911.50 5/28/86 BELFORT PHASE 4 100.00 CUMULATIVE TOTAL 1011.50 11/26/86 CLAIRMONT PARCEL B PHASE 1185.85 CUMULATIVE TOTAL 1197.35 6/24/87 CLAIRMONT PARCEL B PHASE I AMENDMENT NO. 1 2.00 CUMULATIVE TOTAL 1199.35 2/24/88 FAIRFAX I 71.20 CUMULATIVE TOTAL 1270.55 5/11/88 CLAIRMONT PARCEL B PH.2 102.00 CUMULATIVE TOTAL 1372.55 5/25/88 FAIRFAX II 73.85 CUMULATIVE TOTAL 1446.40 1/11/89 DEVON PHASE I 171.85 CUMULATIVE TOTAL 1618.25 4/12/89 FAIRFAX III 168.00 CUMULATIVE TOTAL 1786.25 9/13/89 GRANVILLE (PHASE 1) 172.25 CUMULATIVE TOTAL 1958.50 DEVON (PHASE 2) 156.00 .9/27/89 CUMULATIVE TOTAL 2114.50 6/26/91 TRENT (PHASE 1) 150.72 CUMULATIVE TOTAL 2265.22 2/24/93 GRANVILLE (PHASE I) 16.00 AMENDMENT NO.1 ADD'L.UNITS CUMULATIVE TOTAL 2281.22 2/24/93 TRENT (PHASE I) 16.00 AMENDMENT NO.1 ADD'L.UNITS CUMULATIVE TOTAL 2297.22 3/24/93 LOMBARDY 70.50 CUMULATIVE TOTAL 2367.72 5/26/93 TRENT (PHASE 2) 204.00 CUMULATIVE TOTAL 2571.72 8/11/93 GRANVILLE (PHASE 2) 200.00 CUMULATIVE TOTAL 2771.72 8/11/93 WELDON (PHASE 1) 189.00 CUMULATIVE TOTAL 2960.72 _8/24 /94 WELDON (PHASE 1A) 60.00 CUMULATIVE TOTAL 3020.72 -/2/95 Weldon (Phase 2 Supplemental) 60.00 Cum. Total 3080.72 / /95 Granville (Phase 3) Cum. Total 100.00 3180.72 ANALYSIS.ERC Revised 6/30/94 Revised 6/5/95 Revised 6/15/95 Revised 8/31/85 PAYMENT @ $542 EACH $408,939.00 3088.50 85,094.00 $1,673,967.00 494,033.00 2988.50 54,200.00 1,619,767.00 548,233.00 2802.65 100,730.70 1,519,036.30 648,963.70 2800.65 1,084.00 1,517,952.30 650,047.70 2729.45 38,590.40 1,479,361.90 688,638.10 2627.45 55,284.00 1,424,077.90 743,922.10 2553.60 40,026.70 1,384,051.20 783,948.80 2381.75 93,142.70 1,290,908.50 877,091.50 2213.75 91,956.00 1,199,852.50 968,147.50 2041.50 93,359.50 1,106,493.00 1, 061, 507. 00 1885.50 84,552.00 1,021,941.00 1,146,059.00 1734.78 81,690.24 940,250.76 1,227,749.24 1718.78 8,672.00 931,578.76 1,236,421.24 1702.78 8,672.00 922,906.76 .....,........z 1632.28 38,211.00 1,283,304.24 1428.28 110,578.00 1,393,872.24 1228.28 108,400.00 1,502,272.24 1039.28 102,438.00 1,604,710.24 979.28 32,520.00 1,637,230.24 919. 28 32,520.00 1,669,750.24 819.28 54,200.00 1,723,950.24 EXHIBIT B 884,695.76 774,127.76 665,727.76 563,289.76 530,769.76 498,249.76 444,049.76 ExRia►r B sr►�r zoo 4 THE MARMON GROUP MARMON 39 5ouln LaSalle Slrrel. Chicago. tunas 60603 a 312/372.9500. Cable MARMpfd October 22, 1984 City of Tamarac 5811 N.W. 88th Avenue Tamarac, Florida 33321 Attns Linda schreiber-Baker Finance Department RE: Developer's Agreement - 36M Dear Ns. Schreiber -Baker: of rem letter will f� ctionstiundern status the sale agreer_nr�GtFt� remcs aining ku�1 Tamarac utilities, Inc. and City of Tamarac. This will acknowledge that F 6 R Builders Inc. pursuant to provi5(it's of Developer's Agreer��t with MSontwvod, Inc. which agreement is suborc;.rate Lc a part of that certain Developer's Agreement, dated July 31, 1979, bi- Inc- , between Tamarac Utilities, and Montwood, Inc., has paid, in full. ►:, system portion of the contribution charge as defined nCity of aTG^tarac, 7F- i tt,'. Purchase and Sale between Tamarac dated July 31, 1979, as shown below: original reserved ERc water and sewer connections pursuant to L &dership 80"i,ng, Inc. Developer's Agremumt Prior payment for ERC units through Notice 17 nquent for ERC units acksxNledged this date-Ncti ce 18 Total EX units paid to date Ro,aining balance of reserved ERC Water and sewer connections very truly yours, TAMARAC UTILITIES, M. BYt R.C. Gluth vice President me t Pic., 3,b°O cce M:E;-sal~d3;, i�wwmr- fFv s T.C. Badro, '1be First National wank of Chicago Ft. Mignes, Utility Accountant, 'Trn�xtrac A. Michael, The 1?.anion Croup, Inc. all'Ibir B SAEEr 3 c4:- q Mrs. Helen Massaro Vice Mayor 0 1 City of Tamarac 5811 N. W. 88 Avenue Tamarac, Florida 33321 C� Re: Developer's Agreement - 2400 Dear Mrs. Massaro: :'his letter will serve as official notification of status of releases and remaining balance of reserved connections under the sale agreement between Tamarac Utilities, Inc. and City of Tamarac. This will acknowledge that F b R Builders, Inc. pursuant to provisions Of its Developers Agreement with Montwood, Inc. which agreement is subordinate to and a part of that certain Developer's Agreement, dated July 31, 1979, by and between Tamarac Utilities, Inc. and Montwood, ;nt has paid, in full, the system portion of the contribution charge as de- fined in that Agreement of Purchase and Sale between Tamarac Utilities, Inc. and the City of Tamarac; Florida, dated July 31, 1979, as shown below: Y Original reserved ERC water and sewer connections pursuant to Leadership Housing, Inc. Developer's Agreement 2,400.0 Prior payments for ERC units through Notice 0 4 700.0 Payment for ERC units acknowledged • thiu date - Notice 1 5 400.0 Total ERC units paid to date 1,100.0 Remaining balance of reserved ERC water and sewer connections 11 30�0,•0 Very truly yours, TAMARAC UTILITIES, INC. BX: ` Robert C. Cluth Vice President Copies to: F S R Builders, Inc. 9555 N. Kendall Drive Miami, Florida 33176 Attn: M. E. Saleda Treasurer Montwood, Inc. One First National Plaza Chicago, Ill. 60670 Attn: T. C. Hadro Vice President 4D � 18IT $ 5 HrET-14 of • • �xu►B�-rC C� C� • EXHIBIT D TAMARAG WATER AND SEWER AGREEMENT DEVELOPMENT Granville Phase Three t SIZE BUILDING # # OF UNITS t # OF ERC'S # OF METERS OF METERS A 52 36.4 2 2" B 48 33.6 2 2" TOTAL 0 TOTAL ERGS 70 100 70 4 METER SCHEDULE FOR NON-RESIDENTIAL USE ERGS SERVICE USE THIS PROJECT REQUIRES THE FOLLOWING SIB AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 6" DIAMETER AT 8" DIAMETER AT " DIAMETER I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM . REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE. I: IWORWHARRMAMDCN D.DOC NIA M1.1q