HomeMy WebLinkAboutCity of Tamarac Resolution R-95-287Temp. Reso. 7276
Rev. 12/7/95
CITY OF TAMARAC
RESOLUTION NO. R-95- c)g'7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA VOIDING THE WATER AND
SEWER DEVELOPER'S AGREEMENT FOR PROGRAM
UNDERWRITERS NO. 2 (UNIVERSITY DRIVE 900' SOUTH
OF NORTHWEST 82ND STREET, TAMARAC, FLORIDA)
BETWEEN THE CITY OF TAMARAC AND PROGRAM
UNDERWRITERS, INC., DATED JANUARY 22, 1986;
AUTHORIZING THE CITY CLERK TO RECORD VOIDED
AGREEMENT; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO REFUND IMPACT FEES PAID IN THE
AMOUNT OF $16,622.60 FOR WATER AND SEWER
CONTRIBUTIONS, TRAFFIC IMPROVEMENT NEEDS AND
TRAFFIC SIGNALIZATION NEEDS TO PROGRAM
UNDERWRITERS, INC.; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Program Underwriters, Inc., paid impact fees totaling $20,420.20 to
the City of Tamarac on January 22, 1986, related to development at Lots 8 & 9, Block
11 of the Lyons Commercial Subdivision No.3 P.B. 76, P31; and
WHEREAS, Program Underwriters, Inc., has requested a refund of impact fees
for noncommencement of the development; and
WHEREAS, in accordance with the requirements of the City Code, the following
impact fees totaling $16,622.60 can be refunded; and
WHEREAS, Program Underwriters, Inc., has paid the monthly guaranteed
revenues in compliance with the Water and Sewer Developer's Agreement attached as
Exhibit "A" and has requested that the agreement be voided and water and sewer
contributions in the amount of $8,774.00 be refunded; and
WHEREAS, future traffic needs fees in the amount of $2,332.20 are refundable,
pursuant to City Code Section 10-293; and
Temp. Reso. 7276
Rev. 12/7/95
WHEREAS, future traffic signalization fees in the amount of $5,516.40 were
collected by the City and are refundable, pursuant to the requirements of the City Code
Section 6-36; and
WHEREAS, it is the recommendation of the Director of Finance and the City
Attorney that the impact fees paid be refunded, pursuant to the requirements of the City
Code Section 6-36; 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 refund these
stated impact fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SEQTIQN 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this resolution.
SECTION 2: The Water and Sewer Developer's Agreement for Program Underwriters
No. 2 (University Drive 900' South of Northwest 82nd Street, Tamarac, Florida),
between the City of Tamarac and Program Underwriters, Inc., dated January 22, 1986
attached hereto as Exhibit "A" is HEREBY VOIDED and the City Clerk is directed to
record this resolution.
—E TION 3: The appropriate City Officials are hereby authorized to refund the
following impact fees: water and sewer contributions in the amount of $8,774.00;
traffic improvement fees in the amount of $2,332.20; and future traffic signalization
fees in the amount of $5,516.40.
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 in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
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Temp. Reso. 7276
Rev. 12/7/95
SECTION 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this / day of , 1995.
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ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
1. RECORD OF COMMISSION VOTE
I HEREBY CERTIFY t t I have
MAYOR ABRAMOWI
dmj-
approved this Reso ion as DIST.1: COMM. McKAYE
rm. DIST.2: COMM. MISHKIN
I DIST. 3: COMM. S HREIBER
Cjhf-
DIST. COMM. MA HEK
MITCHELUS. KRAFT
CITY ATTORNEY
,(— 9.r—ad?7
EXHIBIT "A"
WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: FROGRLM lj:;DERWRITERS No. 2
Name of pevelop-
,Ielt
GE.JERAL LOCATION: UNIVERSITY DRIVE
900' SOM11 CF NORT1T,!EST 82ND STRE<FT, Tk"LU AC
THIS AGREEMENT effective this l- day of u,,
193 (v made and entered into by and between:
fhe CITY OF TAMARAC, at 5811 Northwest 88th Avenue,
Tamarac, Florida, a municipal corporation of the
State of Florida, hereinafter called "CITY"
and
__.PRO_G.RA1,1 UNDERWRITERS, INC.
at 8010 University Drive, Tamarac, Florida 33321
hereinafter called "DEVELOPER".
and
PROGRAM UNDERWRITERS, INC., a Florida corporation
at 8010 University Drive, Tamarac, Florida, 33321
hereinafter called "OWNER".
W=I'T-NTE�S_S'E-r'H
WHEREAS, CifY is the owner and operator of a water treatment and
sewer treatment plant, together with water distribution and sewaa=
collection fa(.i)ities known as "TAMARAC UTILITIES WEST WATER AND SEWER
SYSTEM"; and
WHEREAS, DEVELOPER owns or controls certain real property in 6ro-
ward 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 fur-
nishing of said water and sewer services for the PROPERTY; and
WHEREAS, this Agreement and all stipulations and covenants made
herein are acknowledged to be subject to the approval of every County,
Regional, State and Federal regulatory agency having jurisdiction of
the subject matter of this Agreement.
WHEREAS, CITY has received proof of payment by DEVELOPER of any
portion of contribution -in -aid -of -construction charges owed to third
parties, and which is attached as Exhibit "e";
WHEREAS, the City Council has approved this Agreement and has
authorized the proper city officials to execute this Agreement by ro-
ti-,;n passed at a regular City Council meeting on 4-4
1.9p
REV. 11/25/3s
NOW, THEREFORE, in consideration of the mutual covenants and un-
dertakings of CITY and DEVELOPER and other goad and valuable consi�'e_-
ations, 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 ths;
interest fee simple? X YES or NO. If no, then the nature of
the interest is best described as
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DEVELOPER is not the owner, then the owner joins in this Agreement
and agrees to be jointly and severally liable for the responsibiliti=s
of the DEVELOPERS enumerated in this Agreement.
S. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to in
this Agreement as ERC, is the assumed average daily flow of a deta:neo
single-family residential unit.
C. The term PROPERTY, refers to the real property descrined i-.
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 sys-
tems. The GUARANTEED REVENUE is equal to the applicable monthly ser-
vice availability charge for water and sewer service.
PART II. DEVELOPER'S OBLIGATIONS
A. INSTALLATIONS IN COMPLIANCE WITH SPECIFICATION
1. DEVELOPER, at his expense and at no expense to the City,
Shall design, construct and install all necessary water distrioutiol)
and sewage collection lines, over, through, under, across and past the
PROPERTY in accordance with plans, specifications and engineering data
as submitted by a Florida registered engineer to be approved by the
appropriate governmental regulatory agencies and by the City Engineer,
or his authorized representative; and said water distribution and sew-
age collection lines shall be installed and connected to CITY's exist-
ing 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 furnish-
ing of service to the PROPERTY. At the time of submission of the
plans, specifications and engineering data by DEVELOPER to the City
Engineer, IF THIS AGREEMENT IS FOR TEN (10) OR MORE ERC'S, DEVELOPER
shall pay to CITY a Plan Review Fee of $750.00 (to be paid one time
only). Said Plan Review Fee is to compensate CITY for CITY'S expense
in having said plans, specifications and engineering data reviewed by
consulting engineers.
B. INSPECTION AND SUPERVISION BY DEVELOPER'S 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 con-
struction work to insure that construction is at all times in compli-
ance with accepted sanitary engineering practices and in compliance
with the approved plans and specifications. DEVELOPER shall notify
City in writing of such appointment. A copy of each field report shall
be submitted to the City Engineer. Should there be cause or reason for
the DEVELOPER to engage the services of registered engineer (other tha,,
the design engineer) for inspections, then DEVELOPER shall notif, the
City within five (5) days of such engagement.
C. PRECONSTRUCTION MEETING
DEVELOPER and his Contractor shall arrange for and hold a
preconstruction meeting with the City Engineer or his authorized rep-
resentative. Notification of said meeting shall be made in writing anc
received by all parties seventy-two hours in advance of said meeting.
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�1?1:ting Snali ieid at least. twenty -f r (24) hours prior to
F art of each phase of construction.
WRITTEN APPROVAL OF CITY ENGINEER
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The work to be performed by DEVELOPER, as provided in t-�is
Agreement shall not commence until all plans and specifications ccv__-
ing the work to be performed are approved in writing by the City En-
oineer or his authorized representative.
ENGINEERS PRESENT AT TESTS
During construction and at the time when periodic inspections
are required, the City Engineer or his authorized representative may ne
present and DEVELOPER'S engineer shall be present to observe and wit-
ness tests for determination of conformance to approved plans and
specifications.
F. COMPLIANCE WITH APPLICABLE LAWS
The work to be performed by DEVELOPER, pursuant to the provi-
sions 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.
00. AS -BUILT DRAWINGS
DEVELOPER shall, at his own expense and at no expense to the
CITY, furnish to the CITY one complete set of reproducible 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. This As -built drawings submitted to the CITY shall
be on transparent material approved by the City Engineer. As -built
drawings shall be certified and sealed by the DEVELOPER'S engineer and
Shall show 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 location of all surface features of these
systems and easements and rights -of -way which are part of or adjacent
to the PROPERTY.
CONTRIBUTION PAYMENTS FROM DEVELOPER
The contribution charges (both water and sewer) shall be
calculated according to rates set by Resolution of the City Council.
The contribution charges shall be computed based upon the
DEVELOPER'S representation on the approved final site plan for the
PROPERTY. A copy of said plan shall be reduced to B-1/2" X 14" anC
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.
Payment of the contribution charges is a condition precedent
to the execution of this Agreement. The contribution charges appli-
cable for this Agreement are summarized as follows:
CONTRIBUTION (WATER)
Residential # O Units X ERC's Per Unit ® $595.00 Per ERC
Non -Residential 4t 5.*5' ERC's 8 $$595.00 Per ERC
Total ERC's J7,'Ia (WATER)
CONTRIBUTION (SEWER)
Residential # O Units X ERC's Per Unit 3 $1,045 Per ERC
Non -Residential #5.35 ERC's ® $1,045 Per ERC
Total ERC's (SEWER)
am
The DEVELOPER has paid to the CITY the sum of ($8,774
for contribution charges.
THE CONTRIBUTION CHARGES ARE DUE AT THE TIME THIS AGREEMENT Iz-
APPROVED BY CITY COUNCIL.
I. GUARANTEED REVENUES
1. DEVELOPER shall pay to the City, GUARANTEED REVENJES w_,o-
due, at the rates in effect when due, as amended from time to ti--e.
GUARANTEED REVENUE is equal to the minimum service availability chary=
for water and sewer service. GUARANTEED REVENUES are due and payable
monthly.
2. The payment of GUARANTEED REVENUES required by this
Agreement shall commence six (6) months after the effective date of
this Agreement. Has a Plat for the property been recorded with Browa:�
County )YES NO. If NO, then GUARANTEED REVENUES commence one (1)
year after the effective date of this Agreement. GUARANTEED REVENJES
Shall be due for all UNITS/ERC'S assigned to the PROPERTY unless
ot.'.erwise 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 closec
without a new account being established, the GUARANTEED REVENUES shall
resume.
4. The parties acknowledge the GUARANTEED REVENUE payments
made by the DEVELOPER shall be considered as revenue (income).
J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE
NECESSARY
In addition to all other obligations of this Agreement,
DEVELOPER may be required by the CITY to make modifications to the
CITY's water and sewage systems because of the development's impa_t 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 otherwise provided in this Agreement.
K. DELINQUENT_ PAYMENTS, DEFAULT, NOTICE .OF„DEFAULT
I. If any payment of GUARANTEED REVENUES required by this
Agreement is more than fifteen (15) days late, the CITY shall send the
DEVELOPER a notice of delinquency by prepaid certified mail, and
failure of the DEVELOPER to make the required payment in full within
seven (7) days of the date shown on the notice shall constitute a
default by the DEVELOPER.
2. Other than required payment of GUARANTEED REVENUES, if any
act required by this Agreement is not timely accomplished or if any act
prohibited by this Agreement is done, then this Agreement shall be in
default. Notice of default and the grounds for default shall be sent
to the DEVELOPER by the CITY as provided in Part VI of this Agreement.
L. SANCTIONS AND PENALTIES
Should DEVELOPER be in default of this Agreement, it is agreed
that the CITY shall have the right to exercise any of the following
sanctions or penalties:
1. The site plan for the property is voidable by Resolution
of the City Council.
2. No final inspections be
shall approved by CITY.
3. No Certificate of Occupancy shall be issued by CITY for
any unit on the PROPERTY.
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4, in,�re 1; he ran interest penalt qual to the maximum
rate allowed by Flurida State Law on any pu,:�ents due to CITY frare
.DEVELOPER which are not paid. The penalty, when applicable, Shall
accrue from the due date of payment as provided in this Agreement. The
rate of interest shall be established by Resolution of the City Coun-
cil.
5. The CITY shall be entitled to lien the PROPERTY and fc^e-
close the lien in satisfaction of any payments due under this Agree-
ment.
6. CITY shall be entitled to any other remedy at law an --
failure to e.:ercise any remedy shall not constitute a waiver of saic
remedy.
M. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF' DEVELOPER
No water than the time or completion, approval and acceptab_e
of t`+e work required to be done, DEVELOPER shall, without cost to CITY:
1. Convey to CITY and its successors and assigns, by good ano
sufficient easement deed, in a form satisfactory to CITY, a perpetual
right, easement and privilege to operate, maintain, repair or recla_-w
all water and sewer mains, pipes, connections, pumps and meters witni-
granted easements upon DEVELOPER's PROPERTY in connection with Su: ply-
ing water and sewer service to the inhabitants, occupants and custo7ers
in DEVELOPER's PROPERTY and secure from each mortgagee and lieno_
release of mortgagees' and lienors' interest in the easement and fix-
tures 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.
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; and
3.
Furnish CITY with an AFFIDAVIT that all persons, firms or
coroorations
who furnished labor or materials used directly or indi-
rectly 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; and
A.
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.
PART III. CITY'S OBLIGATIONS
A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS
When, at no cost to CITY, (1) the water distribution and
sewage collection systems have been satisfactorily installed, inspect-
ed, tested and approved and certified in writing by the DEVELOPER'S
engineer, together with the City Engineer, or his authorized
representative; and (2) when DEVELOPER has satisfied the conditions of
this Agreement, then CITY shall thereafter maintain the water
distribution system and sewage collection system up to and within
granted easements upon DEVELOPER'S PROPERTY. 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 5.35 ERC'S of
water service and 5_35 ERC'S of sewage treatment plant capacity for
Developer.
S. SERVICE CONDITIONS ON LARGE USERS AGREEMENT
The CITY has entered into a "Large Users Agreement" with
eroward County, (the "COUNTY"), in which the COUNTY has agreed to make
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tt;tur�, sewage treater t. capacity available at regio,)al wastewate.
treatTent plant. In [he event CITY cannot provi 2 sufficient capacity,
as a result of COUNTY's action, the CITY's sole obligation shall be tc
refund DEVELOPER'S contribution charges as described in this Agreement,
for those units for which CITY is unable to provide capacity provide"
that DEVELOPER is not in default of this Agreement.
C. IMPOSSIBILITY TO PROVIDE SERVICE
In the event that the CITY cannot provide sufficient servize
as a result of the actions of any regulatory agency, then the CITY's
sole obligation shall be to refund DEVELOPER'S contribution charges at.
described :.n this Agreement, for those units for which CITY is unable
to provide capacity provided that DEVELOPER is not in defau',t of [nis
Agreement.
PART IV. MUTUAL COVENANTS
It is mutually agreed by and between the parties that the pre-
ambles contained at the beginning of this Agreement are true anc
correct and in addition to them, it is mutually covenated and agreed,
as follows:
A. ASSIGNMENT OF THIS AGREEMENT
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 Public Records of Broward County, Florida. How-
ever, any other assignment or transfer of DEVELOPER's rights and obli-
gations 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 purchas-
ing all or any part of the PROPERTY encompassed by this Agreement as to
all the terms hereof, and with particular reference to the GUARANTEED
REVENUES set forth in Section I of Part II herein.
B. REPEAL OF PRIOR AGREEMENTS
All prior DEVELOPER Agreements or Agreements pertaining to the
supply of water and sewer affecting the PROPERTY are hereby cancelled
and declared of no force and effect upon that PROPERTY which is the
subject matter of this Agreement.
PART V. ADDITIONAL MUTUAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER
It is mutually covenanted and agreed by and between the parties as
follows:
A. EXCLUSIVE RIGHTS OF CITY
CITY shall have the exclusive right to furnish water service
and sewage collection service to consumers within the PROPERTY covered
by this Agreement.
B. WELLS PROHIBITED EXCEPT FOR IRRIGATION
DEVELOPER, his successors and assigns, and the owners and occu-
pants of buildings on DEVELOPER's PROPERTY shall not install or main-
tain any water wells except for irrigation purposes.
C. PROMULGATION OF REASONABLE RULES OF SERVICES
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CITY shall have the right to promulgate from time to time
:eascnable rules a, regulations relating to t furnishing of water
service and sewage collection service to consumers within the PROPERTY
encompassed by this Agreement. Such rules and regulations may relate
to, but are not limited to, rates, deposits and connection charges and
the right to discontinue services under certain conditions. The water
and sewer rates to be charged by CITY to said customers shall be the
rates now or hereafter charged to other customers within the area of
service of TAMARAC UTILITIES WEST WATER AND SEWER SYSTEM. DEVELOPER
hereby acknowledges and agrees that rates are subject to change at any
time by CITY.
D. CITY NOT LIABLE FOR DEVELOPER'S OR CONSUMER'S PROPERTY
CITY shall not be liable or responsible for maintenance or
operation of any pipes, pipelines, valves, fixtures or equipnent on any
of the properties of the customers, consumers or users on DEVELOPER's
PROPERTY other than the water service lines and sewage collection
system within granted easements to CITY pursuant to this Agreement.
E. EFFECTIVE DATE
Unless otherwise specified in this Agreement, this Agr-�enent
shall not be binding until fully executed, but once executed, it shall
have a retroactive effect commencing from the date of the City Counwil
meeting at which it was approved.
F. OVER -SIZE METERS ON SINGLE FAMILY HOMES
It is assumed that a single family home on the PROPERTY will
be serviced by a 5/8-inch water meter. If a larger water meter is
needed, then the owner (whether DEVELOPER, Assignee or Homeowner) will
be charged additional contribution charges which must be paid at the
rate prevailing at the time of the application for larger meter for
additional ERC's, to accommodate the larger meter.
G. SYSTEM ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD WORKING
CONDITION
Each consumer of water service or sewage collection service on
DEVELOPER's PROPERTY shall keep all water pipes, service lines, con-
nections 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.
H. CONDITIONS ON FIRE HYDRANT USE
No water from CITY's water distribution system shall be used
or disbursed by DEVELOPER or his agents, through fire hydrants or water
mains, or by any person, firm, corporation or agency, public or pri-
vate, unless there has first been made adequate provisions for compen-
sating CITY for such water.
I. DISCLAIMER
Any temporary cessations or interruptions of the furnishincs
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. SEVERABILITY
If any section, subsection, sentence, clause, phrase or por-
tion of this Agreement is for any reason held invalid or unconstitu-
tional by any court of competent jurisdiction, such portion shall oe
deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
K. RECORDING OF AGREEMENT
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Tnis Agrees it shall be recorded by th :1TY among the Pubiic
r-.ecords of Broward County, Florida, for the particular purpose c=
placing all owners or occupants of properties in DEVELOPER's PROPERTY"
co^ne:t?d to or to be connected to said water and sewer syst-2m,s of CIT°
upon notice of each and every one of the provisions herein contained t:,
the same extent and with the same force and effect as if said owrers
and occupants had joined with the parties to this Agreement in tn=
is execution thereof; and the acquisition or occupancy of real PROPERTY i--,
DEVELOPER's PROPERTY connected to or to be connected to the said water
and sewer systems of CITY shall be deemed conclusive evidence of t;e
fact that the said owners or occupants have consented to and acce2te2
the Agreement herein contained and have become bound thereby.
L. HOLD HARMLESS PROVISION
It is mutually agreed that the CITY shall be held harmless
from any and all liability for damages if CITY's obligations under t��is
Agreement cannot be fulfilled as a result of any ruling or order by any
other governmental or regulatory agency having jurisdiction over t`+e
subject matter hereof; and in such event, this Agreement shall be njll
and void and enforceable by either party regarding that portion of tn_
DEVELOPER'S PROPERTY for which City cannot perform its obligation.
M. CONTROL OF CROSS -CONNECTIONS AND BACK -FLOW
1. The purpose of this Section is to protect the
public water main against actual or potential
cross -connections and back -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. POLICY
a. No water service connection shall be installed
or maintained by the City unless the public
water main is protected by an Approved back
flow prevention assembly as required by Florida
Administrative Code 17-22, applicable DER
regulations, and this Section.
b. Any back -flow prevention assembly required
herein shall be of a model, type and size
approved by the Director of Utilities 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 Engi-
neers 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 on
the outlet side of the meter by Tamarac Utili-
ties Personnel prior to time of installation of
meter. This cost is included in meter instal-
lation fee.
e. All services, other than single-family resi-
dences, shall be protected by an approved
reduced pressure principle assembly or double
check valve assembly, as determined by the
Director at the preconstruction meeting, based
on planned water usage within the premises.
-8-
f. P Auced pressure principle ,nd double check
•
•
•
� .ve assemblies shall be )rocured and in-
stalled by Developer in accordance with the
Standard Back -Flow Prevention Detail Sheet,
which is available at the Tamarac Utilities
Field Operations Department, prior to the
installation of the water service meter.
g. Prior to connection of water service, the back -
flow prevention assembly must be inspected and
tested by a certified tester from Tamarac
Utilities. There will be a charge of $50.00
for this testing. if at the time of testing,
the assembly is found to be malfunctioning, the
Developer will be notified and water service
will not be provided until such time as the
back -flow prevention assembly does pass inspec-
tion. Each additional inspection will result
in an additional Inspection FEE of $50.00.
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:
FOR THE CITY OF TAMARAC: FOR THE DEVELOPER
City Manager Program Underwriters,Inc.
5811 Northwest 88th Avenue 8010 University Drive
Tamarac, Florida 33321 Tamarac, Florida 33321
Notice so addressed and sent by prepaid certified mail,
with return receipt requested, shall be deemed given when it
shall have been so deposited in the United States mail.
PART VII. ADDITIONAL PROVISIONS
A. EXHIBITS
The following exhibits are attached, as part of
this Agreement and are incorporated into this
Agreement:
EXHIBIT "A" - Legal Description of PROPERTY
EXHIBIT "B" - Receipt from third party for a
portion of contribution charge:
Included Not Included
EXHIBIT "C" - A copy of the site plan of the
PROPERTY reduced to 8-1/2 inch by
14-inch page size.
EXHIBIT "D" - A listing for the PROPERTY indicating
the number of ERG's allocated to each
building, the number of meters per
building, and the meter size(s).
EXHIBIT "E" - Modification of CITY's water or sewer
facilities if required by City
Engineer, if applicable.
Included Not Included X
- 9-
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year indicated below:
Signed, sealed and delivered
in the presence of:
ATTEST:
CITY MANAGER
ATTEST:
1 !.
CITYLC{(LE(RCK
WITNESS
I NE
WITNES§'-
WITNESS-
Ll
THE CITY OF TAMARAC
By09e
Q)
MAYOR
DATE: _3
By
CITY MRiffff
DATE: it 3 r .�
Approved as to farm
By ,
CIT, ATTORNEY
DEVELOPER
gy V �r.ti...l.
I
DATE: /I A L
MORTGAGEE (If Applicable)
DATE:
OWNER
LL
DATE: I
i
0
•
C�
5TATE 0- F'LORIDA
) SS:
COUNTY OF BROWAFD )
Before me personally appeared �';Y�''' L �•I P = L-
to me well known and known to me to be the person s; described in :n-,
executed the foregoing instrument, and acknowledged to and tefore me t7a_
/f ��1', .1 1 1. '7 I b r L—
execu�id instrument far the purposes therein expressed.
WITNESS my hand and official seal, this FP day of l zcjo
A.D. 19.
N&Kary Public
State of Florida a. Large
IOTAPY PO LIt HIT[ OF P[OPIOA
My commission expires: 11 co+NlTs1oN uP. ACr :1,;9eT
0�W, nR:' 6[RicR.
STATE OF FLORIDA
SS:
COUNTY OF BROWARD ) /�
Before me personally appeared ZLz-,%2'z'3�L
a me well kn,R,wn and known to m o be t e erson escribed in anC w^�
executed the foregoing instrum� �, and acknowledged to and before me that
executed said instrument for purposes therein expressed.
WITNESS my hand and official seal, this,3/ day of
A.D. 19�G .
Notary Public
State of Florida at Large
My commission expires: RUM PUOII_ :TAT[ OF FLORIDA
AY c0liNISsil. 1;.P. APR 21.1000
O"C[o TORU 6LRLRAI 1R.. YNO.
E OF FLORIDA )
SS:
COUNTY 0 ROWARD )
Befor me personally appeared
to
me well known and know o me to be the person(s) described in and who
exectuted the foregoing instI44ent, and acknowledged to and before me that
executed said instrument for the pu ses
WITNESS my hand and official se
19
My commission expires:
ran expressed.
this day of A.D.
Notary Publ
State of Flori mat Large
5\. Y 7
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE
do hereby affirm -
pp r
that I am the !�i.,�ti L. L IVY l?c.� �.mi� �.l>r'�'� �'i'7,: J.7�
and that I have executed an amendment to a water and sewer Developer's
Agreement with the City of Tamarac for �r�P.�iH u.t�r'a.�,���s 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.
ig ature
This /day of ' J-'t �, 198 }�
STATE OF FLORIDA )
) SS:
COUNTY OF )
Before me personally appeared J1 ale 4 L• Z +� to me
well known and known to me to be the person who executed the foregoing
instrument acknowledge to and before me that
executed said document for the purpose therein expressed.
WITNESS my hand and official seal this day of
198 .
lift
" :m�,/
No ary Pub,,Pic o'State of F16r at Large
My commission expires: AIDTAPY PUBLIC STATE OF f:0¢L'd
MY CDIW:S5ICk Ex^. car t!,!'a�
ICMCCD TPRG 4EYCCAI 1�5. L'k%
I 9
•
is
C�
I
EXHIBIT "A"
DESCRIPTION
LOTS 6 AND 9 , BLOCK 11, OF THE PLAT
OF "LYONS COMMERCIAL SUBDIVISION NO. 30',
AS RECORDED IN PLAT BOOK 76r AT PAGE 31
OF THE PUBLIC RECORDS OF BROWAF.D COUNTY,
FT ORIDA.
LOCATION MAP
� ors � L
V '
EXHIBIT "C"
•
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EXHIBIT D
E
TAMARAC WATER AND SEWER AGREEMENT
DEVELOPMENT PROGRAM UA?DE=I,T?TTERS_ <)C_ ,-)-
SIZE
1UILDING # # OP UNITS # OF ERC'S # OF METERS OF METERS
TOTAL
ZE
1 it
METER SCHEDULE FOR NON-RESIDENTIAL USE
ERC'S
5 .35
SERVICE USE
OFFICE COMMERCIAL
FoTAL ERC'S ^ b 3u
rF+IS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
Y AT 4" DIAMETER
D AT 6" DIAMETER
- O ^ AT 6" DIAMETER
-- O — AT "DIAMETER
HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET
;E MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE
'TENDED USE.
SEAL
DOUGLAS SEAKkN. 'P.E.
NO. 35623
•
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4
5
8
9
10
11
12
13
21
22
23
24
25
26
27
28
29
30
33
34
35
36
e�
Intirod.uced by
C ': t\` CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86-,Z(,,
Temp, Reso.a: 3977
A RESOLUTION ISSUING A DEVELOPMINT ORDER FOR TILE
PROGRAM LNDERWRITERS BUILDING NO. 2
P3MCT. DFVELOPME Tl ORDER NO. 178 A14D PRWIDIAG
Ay EFFECTIVE DATE.
IVAHU:'AS, pursuant to the instructions of the City Council of the City of
Tamarac, Florida, a public meeting has been advertised in accordance with applicabl
law of the date, tame a ki place of the meeting regarding the review of the applica-
tion -for a development order by the applicant for development approval; and
FkMM S, the City Cu,uicil has examined and investigated the application,
staff and Planning Commission reco rw.ndations, and the attached Development Review
Status Sheet dated 1/15(86 s and
Nh1ERFAS, the City Council reviewed the development order and accaT hying
documents at a public meeting; and
hHMMFyS, the City Council has determined that the application is in ca:r
pliance with all elements of its Comprehensive Plan, or will be in compliance prior
to the issuance of a Certificate of Occupancy for any unit on the development that
is the subject of the application.
NOW, TH=ORE, BE IT RESOLVED BY TtIE COU ICIL OF THE CITY OF T*ZRAC,
SEC'TIOP1 1: That the development described on the attached development review
status street dated I 1 5 86 is granted a development order to proceed subject to
the following conditions:
A. Construction is to be in corplete compliance with the plans and spec-
ifications submitted by the developer to the City of Tamarac as described in
Section II of the Development Review Status Sheet and approved engineering drawings.
B. Commencement of construction shall be no longer than one year from the
date of this approval. If the development does not camience construction within
one year, this approval is null and void unless an extension has been granted in
accordance with applicable regulations.
C. The development order is assignable, but an assignment does not
discharge any assignee from strict compliance with the order unless the City Council
consents to r.cdify any of the original rwpuirements.
eemp. Reso. # 3 9 7 7
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1
2
3
4
5
5
7
8
9
10
11
12
F4 E
17
Iy
20
21
22
23
24
3r
aL
2]
28
29
30
1
32,
`3
34
35
36
D. Additional conditions established in order to issue the development
order are set forth as follows:
1 - here must be an 8-inch water main installed in front of
this property as required on the engineering drawings.
2 - Water supply pipes must be installed prior to any building
permit being issued.
SECTION 2: Should any section Or provision of this development order be
declared by a court of canppetent jurisdiction to be invalid, the City Council shall
determine if the Other particns of the order ramie valid or whether the approval
shall be null and void.
SECnCN 3: This development order as conditioned shall be=re effective
imr'ediately upon passage.
PASSED, ADOPTID AND APPROVED this 22nd day of January 1986.
ATIIST:
C'
CWy CUM
I pIER W CERTIFY dint I have
approved the form and correct -
rip
'W'Offthis.. RRees%dlution.
crrY a.�roRr
RECORD OF COUNCIL VOTE
MAYOR:
KRAVITZ
DIST 4:
C/M TEIN
DIST 3:
C/M GOTTCSMry.d
DIST 2:
CIM MUNITZ
DIST 1:
V f.,I ::4 , - h0
•
•
81
T i811 NORTHWEST aETM AVENUE « 7AMARAC, i1.01t11DA 33311
�` • +J' 7ELE►MANE (3D5) 722 SYDD
ql
DEVEICp'1[�T REVIEW 5T4TU5 SHEET
AO� KE117 0 -%
r DFTE 15 86
UNIVERSITY DRIVE OFFICE BUILDING for 178 Orig. Dev. Orcer
PROGRAM UNDERWRITERS FINAL SITE PLAN FOR ivised Dev. Order
Project FX1511NG 2 STORY OFFICE BUILDING PLUS NEW nester File # 30-85
3 STORY OFFICE BUILDING
Location lets 8. L11r1d_ 10,JjQgk 11,_Lyons Commercial Sub No. 3
East side University Drive approx. Boo eet South ol# NW $12`t-
Developer
D►+ner
Zoning _ R-G Acres __2.02 Reto-rended rite for Council Action 1/�86
Future Lend Liss Designation __U rcpi�ial Proposed Use ? && 3 story office
Tu iTdT'Pi�s
DEVELONIM14'T DRIER FOR:
Final Site Plan X Final Plat,,,,__ Revised Site Plan � ___
1. STAFF APPPDVAL DATES: Final Site Plan Final Plat Revised Site Flan
City Plenrer
City Enr:ineer�
Chief E•r=ldirp Official
Fire .:,ief
Finance Director
31. P1.91':11:G M-rilSSID`) RfC�TIEti7tTIDyS:
APPRD.AL or APPRDVAL V TH C06IDITIONS/Date 11/6/8EDE"3t./6e:e
Final Site Plan dated 10/28 85 Rev 1/14/EG
Final Plat dated Rev
Revised Site Plan dated � Rev
Planning Cmmission finding of cmpliance with Certified Plan:
See Page 4 of this report
1]]. F1NRL EMSI�IEiRIN; DR11'1Mw5:
APPROVAL/pats 1111PROVAL AS 1�EDLIMiD,Date 1/115/86�,.DESIALI.e.e
Coments
cont'd
•
•
L�
DL. i0>!irN1 REvIEG STATUC SHEET
1Y. lt`�OSCRPE PLAN:
Staff Action APPROVAL _ APPROVAL WITH CO%DITIDNS — IDMIAL
Date Ini:c
Eeeutlfitetion Cc-r.ittee Rr;o-rrn9etlDn•Uete: 11/4/85
APPROVAI � APPADVAL WITH MINIMS X DENIM
V. ROV"D COUNly Dtiltiorn N'T REVIN fr`K17TEt 1 tPOOT: Date
if app scab e
. Corments
N/A- Already platted : LYONS COMMERCIAL SUB. NO. 3, PB 76, PG 31
0. N"t'e aoaliceblel: SVMMARY
A. Water end e,+ r Cyeloper A„gree"`ent
City Engineer Approval/Date 1/15/86
City Attornex;Approval/Date
b. 014r Develc rert Aaree-e-(Covenants. Stipulations. etc.)
Cross Parking Ingress/Egress and Dumpster Agreement
Drainage Retention Agreement
Utility Easement
Right -of -Way Deed
ublic Safety Ingress/Egress Easement
C. reins=e Pete- { r. Fee Amount S iI.r,';ti.no,.
5: Required/Acres Provided
Deficiency/Acres X S35.001/Acre
D. Qreine^le lr'D_ove^e'�t Fee Amount S 262.60
IProject Acreage � X 3130/Acre
I.
Water L Sewer Ctrtri •+ Charges
Fee Amount
4 8,774.00
limber of ER;s 5.35 X S 1640.00
F.
ERC Review Fee, if Iro•e than » ER[s
Fee Amount
S -0-
6.
Local Parks/Recreation
Fee Amount
S -0-
Acres Required,. Provided
S/Acre X � Deficiency/Acres
H.
Engineering Fees
Fee Amount
$7,616.65 Total
s
7,
¢on:s
d A
lonmount
7,166.65 Balance Due
= 4 040.00
Date: Approved by City Engineer
City Attorney
J. Dn Site Beautification $1576.15, _
(Fees to be paid at time of building permit issuance) .
zL
K. Future Traffic Needs Fees $ 2,332.20
L. Future Traffic Signalization Fees t 5,516.40
cont'd
Pape 3
mo 1
•
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D-pirtoPM,EKT REVIEW S1>:1L1S
' L��ri��~i,��* ^ru.rrl arnrtlRr!!FNTS•
A. Pota:l a 4'a ter Service
Certification of City Enpinter or Consulting City Enpir.aer of
Availability of Service:
AVAILABLE _.X ,_ WILL it AVAILABLE � NOT AVLILULt
Data Coments
!. wastewater Treatment and Disposal Service
Certification of City Engineer or Consulting
City Engineer of
Availability of Service:
. AVAILABLE WILL SE AVAILABLE
NOT AVAILABLE ..�
Date Comments
C. Solid Waste Disposal Service
Deterzination of Availability of Service:
AVAILABLE .r..- WILL DE AVAILABLE �
NOT AVAILABLE .�..� •
lute Cm. tilts
D. Drainage Adequsty
Cer•'4icatiDn of City Engineer or Consulting
City Engineer of
Ade .4cy of1Drainage:
- ADEQUATE WILL It A QUATE
NDT ADEQAUTt .—
Date Comments
E.
Re;icnsl Transportation Network
Compliance with Minimum Standards:
COMP1113 WILL COMPLY „�
DOES NOT COMPLY ..
Date Comments
F.
local Streets and Roads
Compliance with Ninim;mi Standards:
CO}iPL]Es WILL C0t1PLY— ,
DOES NOT COMPLY - '
Date Convents
i.
Fire Protection Service
Compliance with Mininwm Standards:
CONPIIES ^ . — WILL 904PLY
DOES NOT CM -PIT �
Date Coements
N.
Police Protection Service
Compliance with Minimm Standards:
COMPL]ES x WILL COMPLY
DOES NOT COMPLY
Date Ccrnentt
t. Imal Park: (Parks and Recreation Facilities)
antl wication Required/Acres .,.,... Provided
Cash in Lieu of Land —Gross Acres ika. I g— /AC • S ...��
--
Cocpliance with the Standards of the $rDword County School $oard:
SCHOOL SITES NEEDED FOR tLEMENTARY SCHOOL NET M
• « • MIDDLE SCHOOL NOT�DLD
w NISH SCHOOL NOI�NEE_DLD .
Letter from School $card Dated
C- r
Pa;e 4
0 .1
I 0
DEVELOvr'ENT PEVIEW STATUS SWEET
V111. PRYESSIN-4 rrr& (PAlb):
site Plan Review: 600.00
Revised Site Plan: i
Plat Review: s
Schematic in.: = 450.00
Other. -
STAFF LOMliEh"TS:
Prop:sed development isliamm in ventral conformance with Tairarat's Land
Use Plan Element and recommends:
Adoption of Development Drder ! 178 !Raster File ! 3030 85 for:
UNIVFRSIJY RIVE OFFICE BUILDING for PROGRAM UNDERWRITERS FINAL SITE PLAN for
EXISTING 2 STORY OFFICE BUILDING PLUS NEW 3 STORY OFFICE BUILDING
Project subject to the requirements included in the Report and the follo.inv
conCitions:
The six inch water main in front of the property on University Drive
is smaller than the Code required B inch- developer must obtain
Council approval of this variation.
l A) r-
Ln