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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-195CITY OF TAMARAC, FLORIDA Temp. Reso. #6837 RESOLUTION NO. R-94- / 9� 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 THOMAS W. BENNETT, OWNER OF MCNAB ROAD SUBDIVISION (AKA BROOKSIDE COVE); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE_ DATE. WHEREAS, the City Commission 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 the McNab Road Subdivision (aka Brookside Cove) be approved. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized to execute an Agreement with Thomas W. Bennett, Owner of the McNab Road Subdivision (aka Brookside Cove), copy of said proposal being attached hereto as "Exhibit 111. SECTION 2: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 Temp. Reso. #6837 SECTION 4: 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 5: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this .42-9 day of , 1994. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. ( " �- �'d - MItCHELL S. KiFAFT CITY ATTORNEY 9/94 RECORD OF COUNCIL. VOTE MAYOR ABRAMOWITZ DIST. 1: V / M KATZ awl DIST. 2: C / M MISHKIN �w DIST. 3: C / M SCHREIBER it DIST. 4: C / W MACH EK A I _ )� - 5z/- / � s, 3214 WATER AND SEWER DEVELOPER'S AGREEMENT ,FOR: McNab Road Subdivision (Name of Development) GENERAL LOCATION: East of N.W. 7th Avenue & North of McNab 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, a municipal corporation of the State of Florida, hereinafter called "CITY" and at gin GF.M ATAR H=S _ TNr. . 15900 PTNES -13011WMR11, 21201ROJEE PINES, FL 33027 hereinafter called "DEVELOPER". and c/o GEMSTAR HOMES, INC. at 159QO PTNES gnyfT.FVARD, PF.I`iRROKE PTNFS, Ff. 11077 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 Bro- ward County, Florida, as shown and described in Exhibit "A" attached hereto and made a part of hereof; and all references made in this Agree ment to PROPERTY shall refer specifically to DEVELOPER'S PROPERTY des cribed 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 0 WHEREAS, the parties desire to enter into an agreement setting forth the mutual understandings and undertakings regarding the fur- -1- 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 "B"; WHEREAS, the City Council has approved this Agreement and has authorized the proper city officials to execute this Agreement by mo- tion passed at a regular City Council meeting -on Oa,r 19 �. NOW, THEREFORE, in consideration of the mutual covenants and un- dertakings of CITY and DEVELOPER and other good and valuable consider- ations, these parties covenant and agree with each other as follows: PART I. DEFINITIONS A. The term DEVWPEE shall refer to the Contracting Party in this Agreement who ha(W an � nershiD interest lin the tPROPEhen RTY. naIs that interest fee simple?, .X; e of the interest is best gibed as if DEVELOPER is not the owner, then the owned bans in this Agreement. and agrees to be jointly and severally liarble fok 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 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 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 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- E 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-- .irg of Zervice to the FROPERTY At the tq-e -+f subni s,sion 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 ti.mes_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 torthe City Engineer. Should there be cause or reason for the DEVELOPER to engage the services of registered engineer (other than the design engineer) for inspections, then DEVELOPER shall notify 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 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. 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 cover- ing the work to be performed are approved in writing by the City En- gineer or his authorized representative. 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 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- Ivions 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, -3- /' - 9 Z�- / 0 County and CITY ordinances. The requirements of this paragraph shall govern, regardless of any errors or omissions in the approved plans or specifications. G. AS -BUILT URAWiNG6 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 br adjacent to the PROPERTY- H. 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 8-1/2" X 11" and attached to this Agreement as Exhibit "C". Exhibit "D" is attached to this Agreement and shall indidate 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-tiri-s--A-. "The contribution charges appli- cable for this Agreement are summarized as follows: **to the issuance of the first building permit for the CONTRIBUTION (WATER) proposed development. Residential # 60 _ Units X 2 ERC' s Per Unit @ $_.1,205.Opp Per ERC _ Non -Residential # ERC' s @ $ 1.205._0Q Per ERC Total ERC' s 60_ (WATER) 60 ERC' s X $ 1 , 205.00 = $ 72, 300.00 CONTRIBUTION (SEWER) Residential # 60_ X 2 ERC' s Per Unit @ $ 1 5550 00 Per ERC _ _Units Non -Residential # - ERC' s @ _ $ 1 _ Sin_ Per ERC Total ERC's 60 (SEWER) 60 ERC'S x $1550.00 = $93,000.00 The DEVELOPER has paid to the CITY the sum of ($ 165 300.0 for contribution charges_ 40 -4- THE CONTRIBUTION CHARGES ARE DUE AT THE TIME THIS AGREEMENT IS APPROVED BY CITY COUNCIL. I. GUARANTEED 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. 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 YES X NO. If NO, then GUARANTEED REVENUES commence one (1) year after the effective date of this Agreement. GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to the PROPERTY unless otherwise specified by this Agreement. 3. GUARANTEED REVENUE, if initiated, shall no longer accrue for a unit when metered water and sewer service is established at a particular building and the required customer deposits are paid to the CITY. However, if accounts are open in the DEVELOPER'S name and closed without a new account being established, the GUARANTEED REVENUES shall resume. 4. The parties acknowledge the GUARANTEED REVENUE payments • made by the DEVELOPER shall be considered as revenue (income). J. 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 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 Certifi cate of Occupancy, unless otherwise provided in this Agreement. K. DELINQUENT 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. 0 L. SANCTIONS AND PENALTIES -5- 4 - C7�- / '�-S M 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 developers agreement may be rescinded ciYd fscfeited. 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. 5. There shall be an interest penalty equal to the maximum rate allowed by Florida State Law on any payments due to CITY from DEVELOPER which are not paid. The penalty, when applicable, shall accrue from the due date of payment as provided in this Agreement: The rate of interest shall be established by Resolution of the City Coun- cil. 6. The CITY shall be entitled to lien the PROPERTY and fore- close the lien in satisfaction of any payments due under this Agree- ment. 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. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF DEVELOPER No later than the time of completion, approval and 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 mortgagee and lienor a release of mortgagees' and lienors' interest in the easement and fixtures thereon for so long as the easement is used for the operation, maintenance, repair or replacement of water and sewer mains, pipes, connections, pumps and meters within the easements. Easements shall be a minimum of 20' wide for sewer and 15' wide for water. 2. Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER's right, title and interest in and to all of the water and sewer supply lines, mains, pumps, connections, pipes, valves, meters and equipment installed up to and within granted easements and right-of-way within the PROPERTY and off -site improvements installed for the purpose of supplying water distribution and sewage collection for DEVELOPER'S PROPERTY; and L� IM. 3. Furnish CITY with an AFFIDAVIT that all persons, firms or corporations who furnished labor or materials used directly or indi-- rectl:­_-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 lthe amount in dispute and in a form ,: aCS-P4%-3A%1 C, ` � Uhc .- ip TY; and 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 performed one (1) month before 1 year warranty period expires. 6. Install cleanout on consumer's sanitary service in accord- ance with current Utility Standard Detail. _ 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- d, tested and approved and certified in writing by the DEVELOPER'S ngineer, 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 60 ERC'S of water service and 60 ERC'S of sewage treatment plant capacity for Developer. B. SERVICE CONDITIONS ON LARGE USERS AGREEMENT The CITY has entered into a "Large Users 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. IMPOSSIBILITY TO PROVIDE SERVICE In the event that the CITY cannot provide sufficient service s a result of the actions of any regulatory agency, then the CITY's ole obligation shall be to refund DEVELOPER'S contribution charges as described in this Agreement, for those units for which CITY is unable -7- r11 to provide capacity, provided that DEVELOPER is not in default of this Agreement. ` PART IV. MUTUAL COVENANTS It is mutually agreed •:-y and between the parties that the pre- ambles contained at the beginning of this Agreement are true and 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. 40 B. WELLS PROHIBITED EXCEPT FOR IRRIGATION DEVELOPER, his successors and assigns, and the owners and occu- pants 'off 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 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 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 equipment 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. 0 E. 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. 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 includ- ing 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 ep set forth above and in applicable City regulations. H. CONDITIONS ON FIRE HYDRANT USE mom 0 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 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 por- tion of this Agreement is for any reason held invalid or unconstitu- tional 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 DEVELOPER'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 PROVISION 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. 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 -10- X�_ S,/. - /5 S 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 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 on the outlet side of the meter by Tamarac Utilities Personnel prior to time of installation of meter. This cost is included in meter installation fee. 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 Director at the preconstruction meeting, based on planned water usage within the premises. f. Reduced pressure principle and double check valve assemblies shall be procured and installed by Developer, except TUW will furnish and install dual - check valve assemblies for non -hazardous commercial 5/8" and 1" meters, in accordance with the Standard Hack -Flow Prevention Detail Sheet, which is availa ble 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 -11- malfunctioning, the Developer will be notified and water service will not be provided until such time as the back -flow prevention assembly does pass inspection. Each additional inspection will result in an additional Inspection FEE of $50.00. h. Annual (or at intervals determined by Utility Director) inspections and tests of back --flow prevention assembly shall be performed by certified tester from Tamarac Utilities for a FEE of $50 per unit (or the rate in effect at time of test). Developer/Owner may elect to have tests performed (with results submitted to Utility Director) by a state certified back -flow Inspector at Developer/Owner expense. N. Wellfield Protection Developer acknowled es that property described in Exhibit "A" (is is not within a Broward County Protected Well Fiel one of influence per Broward County Ordinance 84-60 or within an existing or proposed well field zone of influence as determined by Tamarac Utility 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 0 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. 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: 1.1 -12- 0 FOR THE CITY OF TAMARAC: FOR THE DEVELOPER City Manager TOM W. BENNETT, Trustee 7525 Northwest 88th Avenue c/o GENSTAR HOMES, INC. Tamarac, Florida 33321 15900 PINES BOULEVARD PEMBROKE PINES, FLORIDA 33027 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 �C 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 lasting for the PROPERTY indicating the number of ERC's allocated to each building, the number of meters per, building, and the meter size(s). EXHIBIT "E" - Modification of CITY's water or sewer facilities if required by City Engineer, if applicable. Included Not Included 050792 -13- TUW WSDA IN WITNESS WHEREOF, the parties hereto have caused these presents to.be,executed on the day and year indicated below: Corporate ACCEPTED BY CITY OF TAMARAC GRAj E n ATTEST: By: oan Abramowitz, Mayor Y ` Robert S. Noe, Jr., City Manager Date,G�' �?72L_ ATTEST: By. By. Carol A. Evans, Robert S. Noe, Jr., City Clerk City Manager Date:_ Appr d as to form: CITY OF TAMARAC By • S Mitchell S. Kraft, AppRDVfD AT METING OF 9 City Attorney STATE OF FLORIDA ss COUNTY OF BKO'0'WD . 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 KnkNthk 4130Mcwlr r,-- E1rr.S.1y6E, T,C, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that 7 6 executed the same. vtl WI ESS my hand and official seal this day of 8-�'-�t�, , 19 ? . _---NOTARY PUBLIC, State of Florida ""^9t Large NOTARY, PUBLIC STATE OF FLORIDA MY COMMISSION EXP. NOV. 60994 BONDED THRU GENERAL INS. UND. (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( %) Personally known to me, or ( ) Produced identification Type of I.D. Produced DID take an oath, or DID NOT take an oath. -14- Is 11 • L� ATTEST: DEV OPER By: Th mas ennetlt, Trustee Corporate Secretary President (Corporate Seal) NO /1PPQ(AaLF STATE OF FLORIDA SS COUNTY OF~;2 oWh rl- : 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 . ' to µ V,-:) .—i6e.,jo 0--r to me known to be the person(s) described in and who executed the foregoing ins rument and acknowledged before me and under oath that executd the same. TNESS my hand and official seal this day of 19 q4 .P I IA LE5 H STEVENS NOTARY PUBLIC STATE OF FLOR COMMISSION NO. CC349091 MY COMMISSION EXP. MAR. 5,1498 NOTARY PUg'L1� State of PX'orida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) (j Personally known to me, or ( ) Produced `:d.entification Type of I.D. Produced ( ) DID take an oath, or. (>') DID NOT take an oath. 0 u 0 ATTEST: N/A (Corporate Seal) STATE OF FLORIDA . • SS COUNTY OF OWNE By: Thomas Bennett, Tkustee 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 to me. known to be the person(s) described in and who executed the foregoing instrument and /A- acknowedged before me and under oath that &_ excuted the same. WITNES my hand and official seal this ay 19 Y P State of LESHSTEVENS Florida at Large NC TARY PUM IC STATE OF FL.ORIDA 7�dfi�s COMMISSION NO. CC349091 MYCOMM15S10NEXP.I�AR•g•1 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me, or Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 1.1 0 • 0 MORTGAGEE CONSENT L=�" ZZ I& n , i G TNESS STATE OF SS COUNTY OF MO� EE� - 1 -fUkA VIN BUNTR6 �' I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of aforesaid and in the County aforesaid to take acknow edgements,_personally appeared MA-1e--11i IV 5-uNi cv CGS to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNgSS my hand and official seal this IT 4 day of 1994. NOT Y PUBLIC, STATE of i 1,0A at Large MY COMrNSSION / CC3M18 EXPIRES '• _ MftVW 1MW4NMM, (Name of Notary Public: Print, Stamp or Type as Commissioned) ( ) Personally known to me, or ( Produced identification H- -3-7 -a Type of I.D. Produced ( DID take an oath, of ( ) DID NOT take an oath. MORTGAGEE CONSENT 1 —�" MORTGAGEE WITNESS HARRY P. YAUL 4�ZTN / S WITNESS `— ANNE F. PAUL WITNESS STATE OF "L- ) SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of aforesaid and in the County aforesaid to tak ackno F egements, personally appeared / • to me known to be the person(s) described in and who executed the foregoing instrument and cam` acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this �_ day of 1994. y; r= MY � MHUON N CC 1925W Bn WY 15, 199E T►IRU TROY FAIN IM8tU,- I"N: ( ?�) Personally known to me, or ( ) Produced identification NOTARY PUBLIC, STATE of cr>' at Large m i C' (Name of Notary Public: Print, Stamp or Type as Commissioned) Type of I.D. Produced ) DID take an oath, of ( ) DID NOT take an oath. E 0 CJ 11 MORTGAGEE CONSENT WIT ESS � WjL�TN S S STATE OF 11linnis ) SS COUNTY OF ron1c) M TGAGEE / OA—f Alb ALL GRET I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of aforesaid and in the County aforesaid to take acknowled empnts, personally appeared Jean Allegr tti to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she _ executed the same. WITNESS my hand and official seal this 19th day of August , 1994. (xx ) Personally known to me, or ( ) Produced identification ( xx) DID take an oath, of ( IC, STATE of Id{�,-oF :r <• MY (Name of Notary Public: Print, Stamp or Type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. '4fr 9 4 / ��r 1] MORTGAGEE CONSENT MORT GEE WITNESS jkMNY ELDMAN 41- " LI/Y Ae� � -e-� ek� WITNESS ` STATE OF ett) j e r s ) SS COUNTY OF eK ) I HERESY CERTIFY that on this day, before me, an officer duly authorized in the State of aforesaid and in the Count aforesaid to take acknowledgements, personally appeared lY c..❑ n to me known to be the per so (s) described in and who executed the foregoing in trument and � acknowledged before me and under oath that _ executed the same. WITNESS my hand and official seal LL 1994. ( ) Personally known to me, or ( �) Produced identification this j day of NOTARY PUBLJ C, STATE of 4V Z,ra:.0 1 -at-.Large ter - NOTARY PU?L:`,_ ZF ^ii:V/ JF?""' My Commission Expires juiv 22. i�97 (Name of Notary Public: Print, Stamp or Type as Cor.►rtissiored ) ,AZ..r- D4 . Ll6 & ,936 414796 Type of I.D. Produced ( ) DID take an oath, of ( v ) DID NOT take an oath. LJ r: 0 EXHIBIT "A" LEGAL DESCRIPTION BLOCK W, LOTS 1 THRU 13, "McNAB COMMERCIAL SUBDIVISION NO.1"2 A SUBDIVISION IN SECTION 3, TWP. 49 S. RGE. 41 E, CITY OF TAMARAC, BROWARD COUNTY FLORIDA, AS RECORDED IN BROWARD PUBLIC RECORDS BOOK 71, PAGE 13 � I EXHIBIT "C" O GC a O v ( ' ht 0 0 0 r� EXHIBIT D TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT MCNab Road Subdivision SIZE BUILDING # # OF UNITS # OF ERC'S # OF METERS OF METERS 1 - 60 60 60 60 5/8" TOTAL 60 60 60 - METER SCHEDULE FOR NON-RESIDENTIAL USE SIZE ERC'S SERVICE USE 0- _ - DUMPSTER CONNECTED TO SEWER TOTAL ERC'S 60 THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: -0- AT 4" DIAMETER -0- AT 6" DIAMETER -0_ AT 8" DIAMETER -0- AT DIAMETER WASTEWATER PUMP STATION "#2A" 60 ERC' s -j- .. 7.55 SITE ACRES = 7.95 ERC' s/SITE ACRE Page 1 of 2 0 I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDER USE. 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