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conflict herewith are hereby repealed to the extent of such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.
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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
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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-
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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.
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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,
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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_
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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
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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
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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
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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
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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
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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
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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.
MASTER-DOC
WAT.SEW.DEV.AG1
2
4
5
3
REVISED 8/22/88
JOSEPH F. KOLB A E
LORIDA REGISTRATION NO, 41964
Page 2 of 2
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