HomeMy WebLinkAboutCity of Tamarac Resolution R-94-163CITY OF TAMARAC, FLORIDA Temp. Reno. #6799
RESOLUTION NO. R-94-__ L103
A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THE WATER AND SEWER DEVELOPER'S
AGREEMENT FOR WELDON, PHASE 1A, BUILDING B,
LOCATED NORTH OF N.W. 77TH STREET AND EAST OF
N.W. 96TH AVENUE WITH LENNAR HOMES, INC.;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERAB LITY• AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tamarac, Florida
deems it to be in the best interests of the citizens and residents
of the City of Tamarac to execute a Water and Sewer Developer's
Agreement.
WHEREAS, it is the recommendation of the Director of Public
Services that this Water and Sewer Developer's Agreement for
Weldon, Phase 1A, Building B, located North of N.W. 77th Street and
East of N.W. 96th Avenue with Lennar Homes, Inc. be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL 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.
SECTION 2: That the appropriate City Officials are hereby
authorized to execute the Water and Sewer Developer's Agreement for
Weldon, Phase 1A, Building B located North of N.W. 77th Street and
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Temp. Reso. #6799
East of N.W. 96th Avenue with Lennar Homes, Inc., a copy of said
agreement being attached hereto as "Exhibit 1".
SECTION 3: That the City Clerk is hereby authorized and
directed to record said agreement in the public records of Broward
County.
SECTION 4: All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION 5: If any clause, section, other part or application
of this Resolution is held by any court of competent jurisdiction
to be unconstitutional or invalid, in part or application, it shall
not affect the validity of. the remaining portion or applications of
this Resolution.
SECTION 6: This resolution shall become effective immediately
upon adoption. -0t.,
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PASSED, ADOPTED AND APPROVED this �T day of , 1994.
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
clI REBY CERTIFY that have
oyed this-RasoluXion as
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" MITCHELr S.
CITY ATTC
8/94
ORMR, TRR I n�� &21
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MAYOR -
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ l
DIST. 1:
V / M KATZ
DIST. 2:
C / M MISHKIN
DIST. 3:
C / M SCHREIBER
DIST. 4:
C / W MAaC.HCK ..
Y-C
EXHIBIT "1"
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WATER_AND SEWER
DEVELOPERS AGREEMENT
FOR: WELDON PHASE IA BUILD "B"
(Name of Development)
GENERAL LOCATION: North of NW 77th Street and East of NW
96th Avenue
THIS AGREEMENT effective this .I�: day of ,
1994 made and entered into by and between: 01
The CITY OF TAMARAC, at 7525 Northwest 88th Avenue,
Tamarac, Florida 33321, a municipal corporation of the
State of Florida, hereinafter called "CITY"
and
L nnar Homes, -Inc.
at 7600 Nob Hill Road Tamarac, FL 33321 ,
hereinafter called "DEVELOPER".
and
Lennar Homes Inc.
at 7600 Nob Hill Road Tamarac FL 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 "TAMARAC UTILITIES WEST WATER AND SEWER
SYSTEM"; and
WHEREAS, DEVELOPER owns or controls certain real property in
Broward County, Florida as shown and described in Exhibit "All
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
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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 understanding 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.
WHEREAS, CITY has received proof of payment by DEVELOPER of
any portion of contribution -in -aid -of -construction charges owed to
third parties, and which is attached as Exhibit "B";
WHEREAS, the city Council has approved this AGREEMENT and has
authorized the proper city officials to execute this AGREEMENT by
motion passed at a regular City Council meeting on
1994 .
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:
A.
in this
is that
nature
PART I. DEFINITIONS
The term DEVELOPER shall refer to the Contracting Party
AGREEMENT who has an ownership interest in the PROPERTY.
interest fee simple? xxx YES or No. If no, then the
of the interest is best described as
If DEVELOPER is not
the OWNER joins in this AGREEMENT and agrees to
severally liable for the responsibilities of
enumerated in this AGREEMENT.
the OWNER, then
be jointly and
the DEVELOPER
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.
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PART II. DEVELOPER'S OBLIGATIONS
! A. INSTALLATIONS IN COMPLIANCE WITH SPECIFICAT O
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 City Engineer, 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.
Z. 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 City Engineer, IF THIS AGREEMENT IS FOR (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 the City Engineer
or his authorized representative.
. B. IMPECTION AND §UPERVISION 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 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 City Engineer. 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.
C. PRECO ST UCTION MEETING
DEVELOPER and his Contractor shall arrange for and hold
a preconstruction meting with the City Engineer or his authorized
representative. Notification of said meeting shall be made in
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writing and received by all parties seventy-twO hours in advance of
said meeting. The meeting shall be held at least twenty-four (24) w
hours prior to start of each phase of construction. An Engineering
Permit, payment of engineering fees and bonding based on a
Certified Cost Estimate, prepared by DEVELOPER'S registered
engineer, shall be required prior to any construction.
D. WRITTEN APPROVAL OF CITY ENGINEER
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 City Engineer or his authorized representative.
Approved plans and permits must be on site at all times.
E. ENGINEERS PRESENT_ AT TESTS
During construction and at the time when periodic
inspections are required, the City Engineer or his authorized
representative shall be present and DEVELOPER'S engineer shall be
present to observe and witness tests for determination of
conformance to approved plans and specifications. The City
Engineering Inspector shall be on site at all times during sanitary
sewer installation, and notified before any water lines are
installed.
F. COMPLIANCE WITH APPLICABLE LAWS •
The work to be performed by DEVELOPER, pursuant to the
provisions set forth herein, shall be in accordance with all
requirements of the regulatory agencies which have jurisdiction
over the subject matter of this AGREEMENT as well as all applicable
Federal and State Statutes, County and CITY ordinances. The
requirements of this paragraph shall govern, regardless of any
errors or omissions in the approved plans or specifications.
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 City Engineer. 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
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constructed in the field,- As -Built drawings shall also show the
. actual locations of all surface features including all paving and
drainage facilities constructed in conjunction with the water and
sewerage facilities.
H. CO R BUT ON PAMENTS--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 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.
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:
CONTRIBUTION AT R
Residential # __§o units X .70
Non -Residential # -0-- ERC's
Total ERC's 42.0_ (WATER)
• CONTRIBUTION E
ERC's Per Unit @ $1.205.00 Per ERC
@ $1,550.02 Per ERC
TOTAL S 50,610
Residential # 60 units X .76 ERC's Per Unit @ $1 5 0.00 Per ERC
Non -Residential # -0- ERC's @ $1,550.00 Per ERC
Total ERC's 42.0 (SEWER) TOTAL 65 0
Sub Total $115,710
Less Marmon Credit of 60 ERC/Unit @W $542/ERC Unit (32,520)
in accordance with Marmon Agreement. Net Contribution S 83,190
The DEVELOPER has paid to the CITY the sum of
Eighty -Three ThoRsand one hundred ninety a d OOL100 dollars
83 190i00) for contribution charges as evidenced by the signature
of the Finance Dire •
`6 )q qq
Stanley Hawthorne, Finance Director
I. G ARANTEED REVENUES
1. DEVELOPER shall pay to the City, GUARANTEED REVENUES
when due, at the rates in effect when due, as amended from time to
time. GUARANTEED REVENUE is equal to the minimum service
availability charge for water and sewer service. GUARANTEED
REVENUES are due and payable monthly.
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2. The payment of GUARANTEED REVENUES required by this .
AGREEMENT shall commence six (6) months after the effective date of
this AGREEMENT. Has a Plat for the property been recorded with
Broward County xxx YES NO. If NO, then GUARANTEED REVENUES
commence one (1) year after the effective date of this AGREEMENT.
GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to
the PROPERTY unless otherwise specified by this AGREEMENT.
3. GUARANTEED REVENUE, if initiated shall no longer
accrue for a unit when metered water and sewer service is
established at a particular building and the required customer
deposits are paid to the CITY. However, if accounts are open in
the DEVELOPER'S name and closed without a new account being
established, the GUARANTEED REVENUES shall resume.
4. The parties acknowledge the GUARANTEED REVENUE
payments made by the DEVELOPER shall be considered as revenue
(income).
J. MODIFICATION TO 'S WATER OR SEWERAC E MA
NECESSARY
In addition to all other obligations of this AGREEMENT,
DEVELOPER may be required by the CITY to make modifications to the
CITY's water and sewage systems because of the development's impact
on the systems. The modifications are set forth in Exhibit "E" and
they shall be performed by DEVELOPER prior to the issuance of the
first certificate of occupancy, unless provided in this AGREEMENT. .
R. DELINOVENT PAYMENTS DEFAULT, NOTICE OF DEFAULT
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
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 PENALTY
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:
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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 Council.
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.
M. HISCIQLANSOUS ADDITZONAL OBLIGATIONS OF DEVELOPER
. Prior to acceptance of the work required to be done,
DEVELOPER shall, without cost to CITY:
1. Convey to CITY and its successors and assigns, by
good and sufficient exclusive easement deed, in a form satisfactory
to CITY, a perpetual right, easement and privilege to operate,
maintain, repair or replace all water and sewer mains, pipes,
connections, pumps and meters within granted easements upon
DEVELOPER's PROPERTY in connection with supplying water and sewer
service to the inhabitants, occupants and customers in DEVELOPER's
PROPERTY and secure from each mortgage and lienor a release of
mortgagees' and lienors' interest in the easement and fixtures
thereon for so long as the easement is used for the operation,
maintenance, repair or replacement of water and sewer mains, pipes,
connections, pumps and meters within the easements. Easements
shall be a minimum of 20' wide for sewer and 15' wide for water.
2. Transfer to CITY by BILL OF SALE ABSOLUTE all
DEVELOPER's right, title and interest in and to all of the water
and sewer supply lines, mains, pumps, connections, pipes, valves,
meters and equipment installed up to and within granted easements
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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 requized 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
the sanitary sewer collect system
year warranty period expires.
T.V. inspection and air test of
performed one (1) month before i-
6. Install cleanout on consumer's sanitary service in
accordance with current utility Standard Detail.
PART III. CITY'S OBLIGATION
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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 City Engineer, or his
authorised 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 firelins 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 .ERC's of
water service and 42•Q ERC's of sewage treatment plant capacity
for DEVELOPER.
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B. SERVICE -CO ONS ON LARGE USER AGREBXXW-T
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.
C. I SS L TQ--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 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 binding DEVELOPER, the provisions of this
AGREEMENT shall run with the land and be binding upon and inure to
the benefits of successors in title to the PROJECT after this
AGREEMENT has been recorded in the Pubic Records of Broward County,
Florida. However, any other assignment or transfer of DEVELOPER's
rights and obligations is prohibited unless:
1. Assignment shall be done in writing in the same
formality as this AGREEMENT;
2. CITY shall be a party of said assignment and shall
not withhold approval of assignment unreasonably; and
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.
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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
to the GUARANTEED REVENUES set forth in Section I of Part 11
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. MUTUAL ADDITIONAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS
DEVELOPER
It is mutually covenanted and agreed by and between the
parties as follows:
A. _M[CLUSIVEOF 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 IRRIGATIO
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.
C. Q GA ON OF REASONABLE RULES OF SERVISES
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
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.
*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.
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D. CITY NOLE FOR DEVELOPER'S OR gONSUMER'S PROPERTY
CITY shall not be liable or responsible for maintenance
or operation of any pipes, pipelines, valves, fixtures or equipment
on any of the properties of the customers, consumers or users on
DEVELOPER's PROPERTY other than the water main to the water service
lines (from the water main to the water meter) and the sewage
collection system within granted easements to CITY pursuant to this
AGREEMENT.
E. SXSTEM ON CONS ER' S PROPERTY TO BE KEPT IN GOOD WORKI G
C N
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 Council meeting at which it was approved.
G. 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.
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 private, unless the City Engineer has first approved the
use and the connection, and there has first been made adequate
provisions for compensating CITY for such water.
I. DISCLAIMER
Any temporary cessations or interruptions of the
furnishings of water and sewer service to the PROPERTY described
herein at any time caused by an Act of God, fires, strikes,
casualties, accidents, power failures, necessary maintenance work,
breakdowns, damage to equipment or mains, civil or military
authority, riots or other cause beyond the control of the CITY
shall not constitute a breach of the provisions contained herein
nor impose liability upon the CITY by the DEVELOPER, his successors
and assigns.
J. SEVERABILITY
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.
K. RECORDING OF AGREEMENT
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.
L. HOLD HARMLESS PROVISI
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.
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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.
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 Public Services 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
Public Services 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
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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.
If at the time of testing, the assembly is
found to be malfunctioning, the DEVELOPER must
notify 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 Public
services 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 Public
Services Director) by a state certified back -
flow tester at DEVELOPER/OWNER expense. The
DEVELOPER/OWNER will be responsible for
insuring that proper plumbing permits have
been obtained and fees paid.
N. WELLFIELD PROTECTION
DEVELOPER acknowledges that property described in Exhibit
"A" (3$Jis note 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 Public services 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.
O. PROHIBITED HAZARDOUS MATERIALS
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
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.
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f, &?� - / 41
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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:
-15-
FOR CITY OF TAMARAC
City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
FOR THE DEVELOPER
Michael J. Smolak, V.P.
Lennar Homes, Inc.
7600 Nob Hill Road
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 xxx Not Included
EXHIBIT "C" - A copy of the site plan of the PROPERTY
reduced to 8-1/2 inch by 11-inch or 14-
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 City Engineer,
if applicable.
Included Not included xxx
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0
E
,f-`i`/ /�'f
9
L`
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below:
Corporate
ATTEST:
By: ` �-' V)
Robert S. Noe, Jr.,
City Manager
ATTEST:
By:
. Carol A. Evans,
City clerk
CITY 4F TA.MAR&C
APPROVED AT MEETING OF -2 44 I
STATE OF FLORIDA
SS
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC
GRANME _ A
By.
•N man Abra owitz,
Date:
u
By:��r/H
Robert S. Noe, Jr.,
City Manager
Date: = 9 / 99
i
A pro ed as to fo
Y'
M tc ell . Kraft,
City Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared .�/orozrn Ord ,��,t�.rl��rrrc! A.-/ f
to me known to be the persons described in and who executed the /"d' '
foregoing instrument and acknowledged before me that GfY
executed the same.
h
WITNESS my hand and official seal this day of
a1p.�Y P&,&, OFFICIAL NOTARY SEAL NANCY WILSON
COMMISSION NUMSER
Mr COMMISSION EXP.
(�) Personally known to me, or
( ) Produced identification
4-
NOTARY PIIC, State of Florida
at �Large
(Name of Sotary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( 4-)"'DID NOT take an oath.
a� -17-
1
ATTEST:
Martin L.Riefs
CuApSecret y
A�a.� ssistant
( Co.rpozate Seal)
STATE OF FLORIDA 1.
SS
COUNTY OF BROWARD
DEVELOPER LENNAR HOMES, INC.
By:
Michael J. Smolak`,•
Vice President
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared
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 executd the same.
WITNES my hand and official seal this day of
19 94
0
7ARY PUBLIC, State of
Florida at Large
=F101RINAGIARIIARI 14 J��__�'/�-'�M 713702 (Name of Notary.Public:
�oePrint, Stamp, or Type as
9pr0ndln�n Commissioned)
!/X) Personally known to me, or
( ) Produced,identification
Type of I.D. Produced
( ) DID take an oath, or (X DID NOT take an oath.
11
•
0
ATTEST:
�"�'fiM
Martin L. Riefs
Assistant Secretary
(Corporate Seal)
OWNER LENNAR H S , INC.
z✓ By:
Michael ,J' a
'Vice PresldeTit
STATE OF FLORIDA .
SS
COUNTY OF BROWQRD
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
Michael J. Smolak.
to me -known to be the person(s) described in and who executed
the foregoing instrument and he acknowedged before me and
under oath that he excuted the same.
WITNESS my hand and officia]� seal this '24 day
M AV .�.� 19 94
-
NO ARY PUBLIC, State of
%?lorida at Large
= ;N: ;r -•: -AURA O. FORNACtARI
My caMwnIssIoti r rc 213782
Y EXfMES: Jury 27. 19% � /Y � E; 1,1(1, LLcL! 1
unaen�un ( Name of Notary Public.
Print, Stamp, or Type . as
Commissioned)
(xx) Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID
take an oath, or (xx ) DID NOT take an oath.
f�
,C_ 5 Ll- / 673
AFFADAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I Michael J. Smolak do hereby
affirm that I am the Vice President of Lennar Homes, Inc.
and that I have executed a Water and Sewer Developgr's
Agreement with the City of Tamarac for i���i- I� �HLSE ' A
7;V i L.Qi k/ i 44 8 is
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.
(Signs % chael J. Smolak
This day ao of Vice Pres1 gent94 .
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY -that on *.his day, before me, an Officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared
Michael, J. Smolak
to me known to be the person(�o) described in and who executed
the foregoing instrument and he acknowledged before me
that he executed the same. •r�/
WITNESS my hand and official seal this day of
M �Y .. ....... i 19 94 r
TARY PUBLIC, State of
Florida at Large
,.YARI
.j .: MY COMLAURA Ln.
p M rt 213702 (Name of Notary Public:
*3 c?(PIWfftAibeeunder~ Print , Stamp, or Type as
Commissioned)
6=) Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or (xx4 DID NOT take an oath.
120
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EXHIBIT D
TAMARAC WATER AND SEWER AGREEMENT
DEVELOPMENT Weldon Phase 1A -- Building "Bn
SIZE
BUILDING # # OF UNITS # OF ERC'S # OF METERS OF METERS
B 60 42 2 2"
TOTAL 60 42 2
METER SCHEDULE FOR NON-RESIDENTIAL USE
SIZE E89S SERVICE USE
TOTAL ERC'S 42
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER
AT 6" DIAMETER
AT S" DIAMETER
AT," DIAMETER
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE
REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE.
I: IWOROMHARRMAMEXH D
Philip F.
THE
�I