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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-2201 Temp. Reso.#7947 July 14, 1997 1 1 u 1 ` � � RESOLUTION NO. R-97 A,* A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A WATER AND SEWER DEVELOPER'S AGREEMENT WITH RONALD AND PAULA OLDAKOWSKI FOR THE SINGLE FAMILY RESIDENCE BEING CONSTRUCTED AT 10110 NW 71ST PLACE FOR ONE WATER AND SEWER BUILDING CONNECTION REQUIRING ONE ERC FOR WATER AND ONE ERC FOR SEWER; REQUIRING THE PAYMENT OF $2,755.00 IN CIAC FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer, Ronald and Paula Oldakowski, is constructing a Single Family Home located at 10110 NW 71st Place (attached hereto in map form as "Exhibit 1 "); and WHEREAS, the developer has offered a Water and Sewer Developer's Agreement to the City of Tamarac for the single family residence at 10110 NW 71st Place as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); and WHEREAS, the Water and Sewer Developer's Agreement requires the purchase of one ERC for water and one ERC for sewer for a combined CIAC fee of $2,755.00 as required by Resolution R-96-212; and WHEREAS, it is the recommendation of the Director of Utilities that the Water and Sewer Developer's Agreement be approved, executed and the payment of the Temp. Reso.#7947 July 14, 1997 2 CIAC fees required for the single family residence be accepted; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it in the best interest of the citizens and residents of the City of Tamarac to accept and execute a Water and Sewer Developer's Agreement with Ronald and Paula Oldakowski for the Single Family Residence. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to accept and execute a Water and Sewer Developer's Agreement (attached hereto as "Exhibit 2") with Ronald and Paula Oldakowski for the Single Family Residence located at 10110 NW 71st Place and collect the contribution charges in the amount of $2,755.00. $F IIQN3 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 portions or applications of this Resolution. Temp. Reso.#7947 July 14, 1997 3 SECTION � This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ;?I of 5 ��� 1997. JOE SCHREIBER MAYOR ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approv d this RESOLUTION as to for z Ld ; MITCHELL S. KRAFT CITY ATTORNEY TR/dav/aml 1 RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. MCKAYE y DIST 2: V/M MI 'WIN DIST 3; COMM. SULTANOF i DIST 4: COMM. ROBERTS .� F� EXHIBIT 1 4 C] TEMP. RESO. • 7947 10110 N.W. 71s# PL. (Single Family Residence) WATER AND SEWER DEVELOPER'S AGREEMENT 1011WSDA,DWG EXHIE31T 2 Temp. Reso.#7947 jAMARAQ UTILITIES WATER AUD SEWER DEVELOPER'S AGREEMENT FOR: 10 110 NW 71 sl Place Single Faml Residence (Name of Development) GENERAL LOCATION: 10110 NW 71st,Elace THIS AGREEMENT effective this 24 day of September 19 97 , made and entered into by and between: The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called "CITY" and Ronald god Paula_Qldakowaki • at 1 147 NW 48thDrive, Coral S rin Florida 33076 � hereinafter called DEVELOPER". and Ronald and Paula Qldakowski at 10147 NW 48th Drive, Coral 5prings, Florida 33076 hereinafter called "OWNER". WITNESSETH WHEREAS, CITY is the owner and operator of a water treatment plant, together with water distribution and sewage collection facilities known as "TAMARAC UTILITIES WATER AND SEWER SYSTEM"; and WHEREAS, DEVELOPER owns or controls certain real property in Broward County, Florida as shown and described in Exhibit "A" attached hereto and made a part of hereof; and all references made in this AGREEMENT to PROPERTY shall refer specifically to DEVELOPER'S PROPERTY described in Exhibit "A" attached; and 41 961011 1 Wsdanp.wpd WHEREAS, DEVELOPER and OWNER desire to procure water service or sewage disposal service or both from the CITY for the PROPERTY; and WHEREAS, the parties desire to enter into an AGREEMENT setting forth the mutual understandings and undertakings regarding the furnishing of said water and sewer services for the PROPERTY; and WHEREAS, this AGREEMENT and all stipulations and covenants made herein are acknowledged to be subject to the approval of every County, Regional, State and Federal regulatory agency having jurisdiction of the subject matter of this AGREEMENT; and WHEREAS, CITY has received proof of payment by DEVELOPER of any portion of contribution -in -aid -of -construction charges owed to third parties, and which is attached as Exhibit "B"; and WHEREAS, the City Commission has approved this AGREEMENT and has authorized the proper city officials to execute this AGREEMENT by motion passed at a regular City Commission meeting on September 24 , 19 97 . NOW, THEREFORE, in consideration of the mutual covenants and undertakings of CITY and DEVELOPER and other good and valuable considerations, these parties covenant and agree with each other as follows: PART I. DEFINITIONS A. The term DEVELOPER shall refer to the Contracting Party in this AGREEMENT who has an ownership interest -in the PROPERTY. Is that interest fee simple? X YES or NO. If no, then the nature of the interest is best described as . If DEVELOPER is not the OWNER, then the OWNER joins in this AGREEMENT and agrees to be jointly and severally liable for the responsibilities of the DEVELOPER enumerated in this AGREEMENT. B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to in this AGREEMENT as ERC, is the assumed average daily flow of a detached single-family residential unit. C. The term PROPERTY, refers to the real property described in Exhibit "A" attached to and incorporated into this AGREEMENT. D. The term GUARANTEED REVENUE refers to a fee paid by DEVELOPER to defray the cost to CITY of maintaining reserve water and sewer systems. The GUARANTEED REVENUE is equal to the applicable monthly service availability charge for water and sewer service. 961011 2 Wsdanp.wpd 0 PART II, DEVELOPER'S OBLIGATIONS A. INSTALLATIONS IN COMPLIANCE WITH SPEC; JFICATIQN 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 Director of Utilities, or his authorized representative; and said water distribution and sewage collection lines shall be installed and connected to CITY's existing water distribution and sewage collection lines, all of which work shall be paid for by the DEVELOPER. 2. All installations shall be installed at DEVELOPER'S expense and shall include, without limitation, all gravity flow mains, force mains, pump stations and lift stations required for the furnishing of service to the PROPERTY. At the time of submission of the plans, specifications and engineering data by DEVELOPER to the Director of Utilities, 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 Utilities Director or his authorized representative. 3. Meter shall be INSTALLED BY CITY. No meter shall be removed moved, bypassed, or altered in any way except by the City. Violation of this paragraph may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in default, or both. The imposition of a penalty shall be at the sole discretion of the City Manager or his designee. 4. Non -metered use of City water or use of water from fire hydrants may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in default, or both. The imposition of a penalty shall be at the sole discretion of the City Manager or his designee. B. INSPECTION AND SUPERVISION 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 Director of Utilities authorized representatiive. Should there be cause or reason for the DEVELOPER to engage the services of a registered engineer (other than the design engineer) for 961011 3 Wsdanp.wpd 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. PRECQNSTRUCTION.MEETI„UQ DEVELOPER and his Contractor shall arrange for and hold a preconstruction meeting with the Director of Utilities or his authorized representative. Notification of said meeting shall be made in writing and received by all parties seventy-two hours in advance of said meeting. The meeting shall be held at least twenty-four (24) hours prior to start of each phase of construction. An Engineering Permit, payment of engineering fees and bonding based on a Certified Cost Estimate, prepared by DEVELOPER'S registered engineer, shall be required prior to any construction. D. WRITTEN APPR VCR AL OF THE DI,RECTQR OF UTILITIES 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 Director of Utilities or his authorized representative. Approved plans and permits must be on site at all times. • E. ENQINEERS PRESENT ATTESTS During construction and at the time when periodic inspections are required, the Director of Utilities 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. 961011 4 Wsdanp.wpd 0 G. A -BUILT DRAWINGS 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 Director of Utilities authorized representative. As -Built drawings shall be certified and sealed by the DEVELOPER' engineer showing all pertinent information as to all mains, services and appurtenances belonging to, and affecting the water distribution and sewage collection systems and service lines as constructed in the field, As -Built drawings shall also be sealed by a Florida registered surveyor as to the actual locations of all surface features of these systems, easements and right of ways which are part or adjacent to the property and shall include all paving and drainage facilities constructed in conjunction with the water and sewerage facilities. H. CONTRIBUTION PAYMENTS FROM_DEVELQPER The contribution charges (both water and sewer) shall be calculated according to rates set by Resolution of the City Commission. The contribution charges shall be computed based upon the DEVELOPER'S representation on the approved final site plan for the PROPERTY. A copy of said plan shall be reduced to 8-1/2" x 11" and attached to this AGREEMENT as Exhibit "C". Exhibit "D" is attached to this AGREEMENT and shall indicate the number of buildings to be built, number of residential, non-residential and accessory units and ERC's per building and the number of meters and meter sizes. The Developer's engineer of record will also supply to the City, meter calculations on all non-residential meters based on the South Florida Building Code tables 461, 46J and 46Q for 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: 961011 5 Wsdanp.wpd CONTRIBUTI(WATERI Residential # 1 Units X 1 ERC's Per Unit @ $1.2 5.00 Per ERC Non -Residential # N/A ERC's @ $1 2. 05.00 Per ERC Total ERC's 1 (WATER) Total Contribution $ 1 �205.00 CONTRIBUTION S ER Residential # 1 Units X 1 ERC's Per Unit @ $1 5. 50.00 Per ERC Non -Residential # - _N/A ERC's @ $1,550.00 Per ERC Total ERC's 1 (SEWER) Total Contribution $ 1 The DEVELOPER has paid to the CITY the sum of Two Thousand Seven Hundred and FiftyFive doll s 2 7 0 for contribution charges. Unless City Commission, at the time of adoption of this AGREEMENT by Resolution, approves alternative payment procedures, all Contribution charges have been paid, as evidenced by the signature of the Finance Director: Stanley Hawthorne, Finance Director I. GUARANTEED REVENUES IN -- "'� ck, -- Sl Date 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 payment of CIAC Fees. Has a Plat for the property been recorded with Broward County X YES NO. If NO, then GUARANTEED REVENUES commence one (1) year after the effective date of this AGREEMENT. GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to the PROPERTY unless otherwise specified by this AGREEMENT. 3. GUARANTEED REVENUE, if initiated shall no longer accrue for a unit when metered water and sewer service is established at a particular building and the required customer deposits are paid to the CITY. However, if accounts are open in the DEVELOPER'S name and closed without a new account being established, lbthe GUARANTEED REVENUES shall resume. 961011 6 Wsdanp.wpd 4. The parties acknowledge the GUARANTEED REVENUE payments made by the DEVELOPER shall be considered as revenue (income). J. MODIFICATION j-Q CITY'S WATER QR SEWER FACILITIES M6Y 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 Certificate of Occupancy, unless provided in this AGREEMENT. K. DELINQUENT PAYMENTS, DEFAULT, NOTnE 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 PENALTIES Should DEVELOPER be in default of this AGREEMENT, it is agreed that the CITY shall have the right to exercise any of the following sanctions or penalties: 1. Any reserved plant capacity under this AGREEMENT may be rescinded and forfeited. 2. Commission. 3. 4. the PROPERTY. 961011 The site plan for the PROPERTY is voidable by Resolution of the City No final inspections shall be approved by CITY. No Certificate of Occupancy shall be issued by CITY for any unit on 7 Wsdanp.wpd 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. 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. Mls9CELLANEOUS ADDITIONAL 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 and right-of-way within the PROPERTY and off - site improvements installed for the purpose of supplying water distribution and sewage collection for DEVELOPER'S PROPERTY. 3. Furnish CITY with an AFFIDAVIT that all persons, firms or corporations who furnished labor or materials used directly or indirectly in the prosecution of the work required to be performed by this AGREEMENT have been paid, or in the event of a dispute between the DEVELOPER and a contractor or subcontractor, furnish CITY with a BOND in the amount in dispute and in a form acceptable to the CITY. 4. Furnish CITY with a satisfactory surety bond or letter of credit in the amount of twenty-five percent (25%) of the cost of the work, in a form acceptable to the CITY, guaranteeing all work installed pursuant to this AGREEMENT against defects in 961011 8 Wsdanp.wpd materials, equipment or construction for a period of not less than one (1) year from date of acceptance of same by CITY. 5. Furnish CITY with T.V. inspection and air test of the sanitary sewer collection system performed one (1) month before 1- year warranty period expires. 6. Install cleanout on consumer's sanitary service in accordance with current Utility Standard Detail. PART III. CITY'S OBLIGATION A. 'S MAINTENANCE QE SYSTEMS AFTER CERTACONDITIONS 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 Director of Utilities, or his authorized representative; and (2) when DEVELOPER has satisfied the conditions of this AGREEMENT, then CITY shall thereafter maintain the water distribution system and sewage collection system up to and within granted easements upon DEVELOPER'S PROPERTY. However, the CITY will only be responsible for the maintenance of the sewer collection system from manhole to manhole and up to the first cleanout of the service lateral within the granted easements and the CITY will only be responsible for the maintenance of the water distribution up to the meter, fire hydrant, or fireline service within the granted easements. The obligation of the CITY to furnish water and/or sewer service other than construction water shall not arise until DEVELOPER has completed the conditions contained in this paragraph. The CITY shall reserve 1 ERC's of water service and 1 ERC's of sewage treatment plant capacity for DEVELOPER. B. SERVICE CONDITIONS ON LARGE USER AGREEMENT 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. IMPOSSIBILITY TO PROVIDE,5ERVICE 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 961011 9 Wsdanp.wpd DEVELOPER'S contribution charges as described in this AGREEMENT, for those units for which CITY is unable to provide capacity provided that DEVELOPER is not in default of this AGREEMENT. PART IV. MUTUAL COVENANTS It is mutually agreed by and between the parties that the preambles contained at the beginning of this AGREEMENT are true and correct and in addition to them, it is mutually covenanted and agreed, as follows: A. ASSIGNMENT OF THIS A,CaREEMENT 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. 3. DEVELOPER shall remain -.primarily liable to CITY for the terms and conditions of this AGREEMENT unless assignment is made in compliance with this section. CITY agrees to execute a "satisfaction by assignment" for DEVELOPER if this AGREEMENT is properly signed. DEVELOPER agrees to make full disclosure to any party purchasing all or any part of the PROPERTY encompassed by this AGREEMENT as to all the terms hereof, and with particular reference 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 canceled and declared of no force and effect upon that PROPERTY which is the subject matter of this AGREEMENT. 961011 10 Wsdanp.wpd PART V. MUTUAL ADDITIONAL COVENANTS 0 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 RIGHT$ OF CITY CITY shall have the exclusive right to furnish water service and sewage collection service to consumers within the PROPERTY covered by this AGREEMENT. B. WELLS PROHIBITED EXCEPT FOR IRRIGATION DEVELOPER, his successors and assigns, and the owners and occupants of buildings on DEVELOPER's PROPERTY shall not install or maintain any water wells except for irrigation purposes. C. PR M LGATION OF REASONABLE RULES OF SERVIQES 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 WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and agrees that the rates are subject to change at any time by CITY. D. OT LIABLE OR DEVE P R'S OR QQNSUMEBa PR P TY CITY shall not be liable or responsible for maintenance or operation of any pipes, pipelines, valves, fixtures or equipment on any of the properties of the customers, consumers or users on DEVELOPER's PROPERTY other than the water main and water service lines (from the water main to the water meter) and the sewage collection system within granted easements to CITY pursuant to this AGREEMENT. 961011 11 Wsdanp.wpd • E. SYSTEM ON C SUM 'S PROPERTY TO BE KEPT IN GQQD WORKING CONDITION, 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. EF CTIVE ,DATE Unless otherwise specified in this AGREEMENT, this AGREEMENT shall not be binding until fully executed, but once executed, it shall have a retroactive effect commencing from the date of the City Commission meeting at which it was approved. 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 HYQRANT QSE 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 Director of Utilities has first approved the use and the connection, and there has first been made adequate provisions for compensating CITY for such water. DISC AIMER 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. 961011 12 Wsdanp.wpd J. $EVERABILITY 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. RECQRDING 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. FDW HARMLESS PROV15ION 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 CR SS CQN_NECTIQNS 8ND BACK- W 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. NE000101 O a. No water service connection shall be installed or maintained by the CITY unless the public water main is protected by an Approved back- flow prevention assembly as required by Florida Administrative Code 17-22, applicable DEP regulations, 0 and this Section. 961011 13 Wsdanp.wpd 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 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 Director of Utilities or his designee, based on planned water usage within the premises. f. Reduced pressure principle and double check valve assemblies shall be procured and installed by DEVELOPER, in accordance with the Standard Back -Flow Prevention Detail Sheet, which is available at the Tamarac Utilities Department, prior to the installation of the water service meter. g. Prior to connection of water service, the back -flow prevention assembly must be inspected and tested by a certified tester. If at the time of testing, the assembly is found to be malfunctioning, the DEVELOPER will be notified by the CITY and water service will not be provided until such time as the back -flow prevention assembly does pass inspection. h. Annual (or at intervals determined by Director of Utilities 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 Director of Utilities) by a State certified back -flow tester at DEVELOPER/OWNER expense. The is DEVELOPER/OWNER will be responsible for insuring that 961011 14 Wsdanp.wpd • • E proper plumbing permits have been obtained and fees paid. N. WELLFIELD PROTECTION DEVELOPER acknowledges that property described in Exhibit "A" ' is not within a Broward County Protected Well Field zone of influence per Broward County Ordinance 84-60 or within an existing or proposed well field zone of influence as determined by Tamarac Director of Utilities. 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. 0. 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. 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, of -the place specified as the place for giving of notice, which shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for the giving of notice: FOR QITY QF TAMARAQ- City Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 FOR THE D VEL PER: Ron and Paula Oldakowski 10147 NW 48th Drive Coral Springs, Florida 33076 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. 961011 15 Wsdanp.wpd 03 0 • A. EXHIBITSPART VII. ADDITIONAL PROVISIONS The following exhibits are attached, as part of this Agreement and are incorporated into this Agreement: EXHIBIT "A" - Legal Description and Legal Sketch on an 8-1/2inch by 11- inch page of the PROPERTY EXHIBIT "B" - Resolution No. R88-206 declaring a Water and Sewer Developer's Agreement with Schmidt Industries, Incorporated for Isles of Tamarac in default for lots 3 & 5, Block 373. EXHIBIT "C" - A copy of the site plan or building plan of the PROPERTY reduced to 8-1/2 inch by 11-inch page size EXHIBIT "D" - A listing for the PROPERTY indicating the number of ERC's allocated to each building, the number of meters per building, the meter size(s) and a payment schedule of phasing (if applicable). 961011 16 Wsdanp.wpd IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and delivered in the presence of: ATTES Ro ert . Noe, Jr., City Manager ATTEST: �� Carol A. Evans, City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe :�Vleiber May Date: eptember 24, 1997 B R o ert S. Noe, Jr., City Manager Date: ..September 24, 1997 to STATE OF FLORIDA 0 fttchel'S. Kraft, : SS y Attorney COUNTY OF_ BRQWARD 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 Joe Schreiber & Robert S. Noe, Jrto me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they —executed the same. 24 a Of Sep�tember._. ,...., NOTARY PUBLIC, Sfdte of Florida at Large • WITNESS my hand and official seal this 199 7 C���lY PVer'ON PHYLLISS POL K FIF r * COMMISSION NUMBER Q CC390392 9 MY COMMISSION EXP. fF0 FLOC SEPT 231998 ( x) Personally known to me, or ( ) Produced identification Phyllis Polikoff (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID take an oath, or (X) DID NOT take an oath. 961011 17 Wsdanp.wpd • • IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day and year first above written. Witness Type Name; AN,J UC,C .._ Witness Type Name STATE OF FLORIDA SS COUNTY OF Broward (DEVELOPER/ OWNER) Type Namerri a Ron Oldakowski. Owner /- W-/ Type Namerritie Paula Oldakowski. Owner 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 Ron and Paula Oldakowski to me known to be the persons(s) described in and who executed the foregoing instrument and acknowledged before me that -t ey executed the same. WITNESS my hand and official seal this,-�?-� day of t_ , 199-1. �- N ARY PUBLIC, tate of rida at Large WPersonally known to me, or ) Produced identification (Signature of Notary - Public: Print, Stamp, or Type as Commissioned) — � Per Type of I.D. Prod ed ( ) DID take an oath, or ({/) DID NOT take an oath. I& Wsdanp.wpd C� AFFIDAVIT SHALL BE COMPLETED MEN MORTGAGEE SIQU8TURE IS N T APPLICABLE I Ron and Paula Oldakowski do hereby affirm that we are the owners of the property and that we have executed a Water and Sewer Developer's Agreement with the City of Tamarac for J Q11 Q NW 71 * ,Place project and that we are the owners 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. (Signature) Ron Olda/kowski (Signature) Paula Oldakowski This day of _+-4.0� L199n. STATE OF FLORIDA : SS COUNTY OF Broward. I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Ron and Paula „Qld., owski ^to me known to be the person(s) described in and who executed the foregoing instrument and —they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this, day of , 199' 1 personally know to me, or ) Produced identification NOTARY PUBLIC, State 6f Florida at Urge (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( /) DID NOT take an oath. 961011 iv Wsdanp.wpd "EXHIBIT A" • SKETCH OF BOUNDARY SURVEY ti DESCRIPTION: a= Lot 5, block 37'), .WE5TW000 COMMUNITY p"`e r SEVEN, o� recorded In Plat Book bl, Pi1 3 2 dq4 0 Page 20 of the Public Record-5 of t 12 0 brorard County, Florida. y4 6 y io i H'A e Ln'" Mal hK IMM maim LA •lUllmlLi LALMUIf m iom N r91 RAM of • ODA1Nm VA 4a1i M 1, L c imm m LLL w1m IF minis 1.t 016 IF ""T EL! tan m "mill[ 11p1 AIM f IfAiwa YA 4A7 0. Al L 4{1rA01UMMM if. •SYYm R[1 L c L iili mnr Rule FILENAME: XC75-373 ORDER t19AAµ i � eP 9 pea 0 Fnd 1/2' Pip.,-2611 Fnd I/2' Pipe. c2691 NIWEE I HIT[ PNNFESSItlYI WYW E KOKO IU, 2771 STATE OF FL0IINA IFFAEY 1 NITI PRIOFESSIWE $ILXEYDR $ NAPPOR LS, 4717 STATE 6 FIDRIOA NU FDA! DATE Net—: I. Deer 1n9e �ho.m ere beecd on the FL000 LONE: A-2 Eeet on oee !yy Llne F L.L BASE FLOOD ELEVATION' +II' SCALE: i' = 20' 47p2092 SPRINGS MANOR CpNSY- 2/12/97 REVISIONS FIELD BOOK: 369-46 N 1ftdId S1' V per pie! LOT CONTAINS 2, O Xndlcelee seL/fnd 5/e' Iron Rod LD 1770 unleee other.lea Holed. 3. Elevations per N. G. V. P. of 1924. 4. Thle Surrey nee Lhc M.—Tech. Slender de, par Ch Chep ler 61417-6 FAC, A LNFC1 Odin N1 FAR1UISr liflf m In e if Rf/100f RAT OAA 5, p I mane I one F bu I I d I ng end f I I d I ng rl9[ PAINIIITA If 91R10. WE97 lice a to the foumdel la of same A wIff f1ATn wmlu TLEIVOIFlWta 6. © Ind...Lee Prapoeed gredce. II u'ni11�'lFm vTHE am N11 ri11N Ylilarl 1N1 allniRuel ial iM viliml filled Seal if aFllrlia ilcollm ilenlw. DEN I ASSOCIATES 5701 PINE I SLANU 1 FAX-720-f 045 LAND SURVEYS 0 SUBDIVISIONS 0 CONSTRUCTION ON SURVEYS _ EXHIBIT B Temp, Reso. #5121 1 CITY OF TAMARAC, FLORIDA 2 RESOLUTION NO. R-88 (� 3 A RESOLUTION DECLARING A WATER AND SEWER 4 DEVELOPERS AGREEMENT WITH SCHMIDT INDUSTRIES, INCORPORATED, FOR ISLES OF 5 TAMARAC, IN DEFAULT FOR LOTS 3 & 5, BLOCK 373; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into a Water and Sewer 8 Developers Agreement with Schmidt Industries, Incorporated, 9 for the property known as Isles of Tamarac, which agreement was dated August 31, 1977; and 10 11 WHEREAS, Schmidt Industries, Incorporated, has failed to 12 pay the Guaranteed Revenues and Interest, as required by this Agreement, for a total of $203.00; and 13 14 WHEREAS, the City Council wishes to declare this Agree- ment in default. 15, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 16 THE CITY OF TAMARAC, FLORIDA. 17 TB SECTION 1: That the Water and Sewer Developers Agreement dated August 31, 1977, between the City and Schmidt Industries, Incorporated, for Isles of Tamarac, Lots 3 & 5, to Block 373, is hereby declared in default due to failure to 21 pay Guaranteed Revenues and Interest in a total amount of 22 $203.00. 23 SECTION 2: That the City Clerk is hereby directed to 24 record this Resolution in the public records of Broward 25 County, Florida, 26 SECTION 3: That the City Clerk is hereby directed to 27 transmit a certified copy of this Resolution to Schmidt 28 Industries, Incorporated, 29 SECTION 4: This Resolution shall become effective 30 immediately upon adoption, ' .•.. PASSED, ADOPTED AND APPROVED this [,9 ay of ��n�, 1988. 33 F NORMAN ABRAMOWITZ MAYOR " CAROL E, RBUTO CITY CLLEERECO RECORD OF COUNCIL VOTE RK ,,... • AB I HEREBY CERTIFY that I have MAYOR RAMOWITZ approved this RESOLUTION as to DISTRICT 1: C/M ROHR form, i DISTRICT 2: V/MSTELZER � DISTRICT 3: C/M HOfFM11AN RICHARD D ODY CITY ATTORNEY DISTRICT 4: C/M 8 NDER A C R E £MEN T DBA Isles of Tamarac (DEVELOPER) (Westwood 07) THIS AGREEMENT made and entered into this __jjg_L day of Au ust , 1977 , by and between Schmidt ,Lgtriwg,_,I, hereinafter referred to as "Developer" and TA.LIRAC UTILITIES, INC., a Florida corporation, hereinafter referred to as "Service Company". WHEREAS, Developer owns or controls lands located in Broward County, Florida, and described in Exhibit "A", attached hereto and thereby made a part hereof as if fully set out in this paragraph and hereinafter referred to as "Property", and Developer has or is about to develop the Property by erecting thereon single family residential, multi -family apartment buildings, and/or commercial improvements; and, WHEREAS, in order to meet the financing and general requirements of certain private agencies and certain Federal, State and Local governmental agencies, such as, but not limited to, the State Board of Health, the Veterans' Administration, the Federal Housing Administration, and private lending institutions, it is necessary that adequate water and sewage facilities and services be provided to sere•^ the Property and to serve the occupants of each residence, building, or unit constructed or located on the Property; and, WHEREAS, Developer is not desirous of providing water and sewage facilities to serve the Property, but is desirous of promoting the construction of central water and sewage facilities by Service Company so occupants of each residence, building, or unit constructed or located thereon will receive adequate water and sewage service; and, WHEREAS, Service Company is willing to provide, in accordance with the provisions and stipulations hereinafter set out, central water and sewage facilities, and to extend such facilities by way of water distribution mains and sewage collection mains, and to thereafter operate such facilities so that the occupants of each residence, building, or unit constructed on the Property will receive an adequate water supply and sewage disposal service from Service Company; NOW THEREFORE, for and in consideration of the premises and the mutual undertakings and agreements herein contained and assumed and the furnishing of additional services by Service Company as required by Developer in the development of the land described in Exhibit "A" hereto, the Developer and Service Company hereby covenant and agree as follows. -1- • 1. The foregoing statements are true and correct. 2. The following definitions and references are given for the Purpose of interpreting the terms as used in this agreement and apply unless the context indicates a different meaning: (a) "property" - all the land described in Exhibit "A" and all the land to which Service Company actually provides water or sewage service; (b) .Sta a Area" - refers to a part of the Property which is being or is to be developed as a unit; (c) "Lot or Tract" - each building site as platted for record or as shown on the master plan and plat. (d) "Service" - the readiness and ability on the part of Service Company to furnish water or sewage service to each lot. Thus, the maintenance by Service Company of adequate pressure at the point of delivery shall constitute the rendering of water service, and the maintenance of a connection providing for the removal and disposal of sewage shall constitute the rendering of sewage service. Sewage service refers to sanitary sewer service; (e) "Point of Deliver - the point where the pipes or meters of Service Company are connected with the pipes of the consumer. Unless otherwise indicated, point of delivery shall be at a point on the consumer's lot line; (f) "Consumer Installation" - all facilities on the consumer's side of the point of delivery; (9) "Contribution in Aid -of -Construction" - the sum of money, and/or property, represented by the value of the water distri- bution and sewage collection systems constructed by Developer, which Developer covenants and agrees to pay to Service Company as a contribution in aid -of -construction to induce Service Company to provide the water and sewage service to the Property. (h) "State Board of Health" - refers to the Florida State Department of Health and Rehabilitative Services or its successor. (i) "Water and Sewer Facility" - all or any part of the complete water distribution and/or sewage collection system, including Pipes, mains, valves, appurtenances, pumping or lift stations. 3. Developer hereby grants and gives to Service Company, its successors and assigns, the exclusive right or privilege to construct, own, maintain, and operate the water and sewer facility to serve the Property; and the exclusive right or privilege to construct, own, maintain, and operate said facilities in, under, upon, over and across the present and future streets, roads, terraces, alleys, easements, reserved utility strips and utility sites, and any public place as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications, or grants made otherwise and independent of said record plats. -2- Developer hereby further agrees that the foregoing grants include the necessary right of ingress and egress to any part of the Property; that the foregoing grants shall be for such period of time -as Service Company or its successors or assigns require such rights, privileges or easements in the construction, ownership, maintenance, operation or expansion of the water facility and the sewage facility; that in the event Service Company is required or desires to install any of its water or sewage facilities in lands within the Property lying outside the streets and easement areas described above, then Developer or the owner shall grant to Service Company without cost or expense to Service Company the necessary easement or easements for such "private property" installation; provided all such "private property" install- ation by Service Company shall be made in such a manner as not to interfere with the then primary use of such private property. Service Company covenants that it will use due diligence in ascertaining all easement locations; however, should Service Company install any of its facilities outside a dedicated easement area, ➢eveloper, the successors and assigns of Developer, covenant and agree that Service Company will not be required to move or relocate any facilities lying outside a dedicated easement area so long as the facilities do not interfere with the then or proposed use of the area in which the facilities have been installed. Service Company hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices Of the water and the sewage industry with respect to the installation of all its water and sewage facilities in any of the easement areas; and that Developer or Developer's successors or assigns in granting easement herein, or pursuant to the terms of this instrument, shall have the right to grant exclusive or non-exclusive rights, privileges and easements to other persons, firms or corporations to provide to the Property any utility services other than water service or sewage service. Developer, as a further consideration of this agreement and in order to effectuate the foregoing grants to Service Company hereby places the following covenant, as a covenant running with the land, upon the Property and thereby subjecting it to a reservation, condition, limitation or restriction in favor of Service Company, as follows: "TAMAHAC UTILITIES, INC-, or its successors, has the sole and exclusive right to provide all water and sewage facilities and services to the Property described in "A" Exhibit and to any property to which water or sewage service is actually rendered by Service Company. All occupants of any residence, building, unit or improvement erected or located on the Property, and all subsequent or future owners or purchasers of the Property, or any portion thereof, shall receive their water and sewage service from the aforesaid corporation, or its successors, and shall pay for the same in accordance with the terms, conditions, tenor and intent of this agreement, for so long as the aforesaid corporation, or its successors, provide such services, or either of them, to the property; and, all occupants of any residence, building, unit improvement or erected or located on the Property, and all subsequent or future owners or purchasers of the Property, or any portion thereof, agree by occupying any premises on the Property or by recording any deed of conveyance with respect to the Property that they will not construct, dig, build or otherwise make available or use water service or sewage service from any source other than that provided by "Service Company". However, there is excluded from this restriction any water well or water source used solely and exclusively for the purpose of supplying water for air conditioning, or irrigation on the Property. -3- • • C1 Further, in order to give an additional and supplementary notice to all the future owners of any of the Property of the rights of Service Company to provide the Property with water and sewage facilities and services and the Developer hereby covenants and agrees to have the above restrictive covenant included in the general subdivision restrictions and to place the same of record in the Public Records of the jurisdiction in which the Property is located. 4. Upon the continued accomplishment of all of the prerequisites contained in this agreement to be performed by the Developer, Service Company covenants and agrees that it will connect the water distribution and sewage collection facilities installed by Developer to the central water and sewage facilities of Service Company in accordance with the terms and intent of this agreement. Such connection shall at all times be in accordance with rules, regulations and orders of the Department of Health and Rehabilitative Services. Service Company agrees that once it provides water and sewage services to the property and Developer or others have connected consumer installations to its systems, that thereafter Service Company will continuously provide, at its cost and expense, but in accordance with the other provisions of this agreement, including rules and regulations and rate schedules, water service and sewage service to the property in a manner to conform with all requirements of its systems, that thereafter Service Company will continuously provide, at its cost and expense, but in accordance with the other provisions of this agreement, including rules and regulations and rate schedules, water service and sewage service to the Property in a manner to conform with all requirements of the State Board of Health and other governmental agencies having jurisdiction over the water supply and sewage disposal operations of Service Company. 5. It is the intention of the parties in entering into this agreement that the Developer grants to Service Company the exclusive right and privilege to provide all the land set forth in Exhibit "A" consisting of approximately 85+ acres with water and sewage facilities and services. 6. To induce Service Company to provide the water treatment facilities and sanitary sewage treatment facility, and to continuously provide consumers located on the Property with water and sewer services, Developer hereby covenants and agrees to construct and to transfer ownership and control to Service Company as a contribution in aid -of -construction the on -site water distribution and sewage collection systems referred to herein as a contribution in aid -of -construction. Developer shall cause to be prepared engineering plans prepared by and sealed by a professional engineer registered in the State of Florida, showing the on -site water distribution system and sewage collection system proposed to be installed to provide service to consumers within the subject property. Such detailed plans may be limited to the first stage area only and subsequent stages may be furnished from time to time. However, each such stage area shall conform to a master plan for the development of the Property and such master plan shall be submitted to Service Company concurrent with or prior to submission of engineering for the first stage. Developer shall cause his engineer to submit specifications governing the material to be used and the method and manner of installation. All such plans and specifications submitted to Service Company's engineer shall be subject to the approval of Service Company and no construction shall commence until Service Company has approved such plans and specifications in writing. Service Company's engineer shall notify Developer of the approval of Developer's plans, or, in the event such plans are disapproved, shall state in writing, the reasons for such disapproval, within 20 working days from the date such plans are received by Service Company's engineer. In the event Service Company's engineer does not -4- 1 advise Developer of plan approval or disapproval after said 20 working days, Developer's plans shall be deemed to be approved. Complete as -built plans shall be submitted to Service Company upon completion of construction. After the approval of plans and specifications, Developer shall cause.to be constructed, at Developer's own cost and expense, the water distribution and complete sewage collection systems as shown on the plans and specifications. Such complete sewage collection system shall include any and all lift and/or pump stations on the Property of Developer, and for Developer's sole and exclusive use, required to transmit sanitary sewage to the treatment plant of Service Company. Developer shall be required to pay the applicable charge (as set by Service Company from time to time) for water meters and meter Installations of sufficient capacity for all single family residential, multi -family, commercial installation or any other connection requiring a measuring device. A schedule of meter charges has been attached hereto and marked as schedule of Exhibit "B". During the construction of the water distribution and sanitary sewage collection systems by Developer, Service Company shall have the right to inspect such installation to determine that all installations are in fact being made in accordance with the plans and specifications. Service Company shall control the quality of the installation and further shall be entitled to perform standard tests for infiltration, exfiltration, line and grade and all other normal engineering tests to determine that the systems have been installed in accordance with the plans and specifications and good engineering practices. Developer agrees to pay to Service Company, or Service Company's authorized agent, the amount set forth in Exhibit "C" to cover the cost of inspection of installations made by Developer or Developer's contractor. Provided that Service Company shall be ready, willing and able to render service to Developer, by these presence, Developer hereby transfers to Service Company, title to all water distribution and sewage collection systems installed by Developer or Developer's contractor, pursuant to the provisions of this agreement. Such conveyance to take effect without further action upon the acceptance by Service Company of the said installation. As further evidence of said transfer of title, and upon the completion of the installation and Prior to the rendering of service by Service Company, Developer shall convey to Service Company, by Bill of Sale, in farm satisfactory to Service Company's counsel, the complete on -site water distribution and sewage collection system as constructed by Developer and approved by Service Company. Developer shall further cause to be conveyed to Service Company, all easements and/or rights - of -way covering areas in which sewer and water lines are installed by record- able document in form satisfactory to Service Company's counsel. Developer shall also convey by warranty deed, any and all lift station or pumping station sites forming an integral part of the sewage collection system. All conveyance of easements, rights -of -way or warranty deeds shall be accompanied by a title policy or other evidence of title satisfactory to Service Company, establishing Developer's right to convey such easements, rights -of -way or warranty deeds and further evidencing Service Company's right to the Contin- uous enjoyment of such easements, rights -of -way or warranty deed properties to the exclusion of any other person in interest. The use of easements granted by Developer shall include the use by other utilities so long as such uses by electric, telephone or gas utilities do not interfere with the use by Service Company. Service Company agrees that the acceptance of the water distribution and sewage collection systems, installed by Developer, service, or by acceptance of the Sill of Sale or Warranty Deeds, for shall con the assumption of responsibility by Service Company for the contistitute and maintenance of such systems nuous operation from that date forward. Mortgagee, if any, holding prior liens on such properties shall be required to release such liens, subordinate their position or join in the grant or dedication of the -5- C� easements, rights -of -way or warranty deeds. All water distribution or sewage collection facilities, save and except consumer installations, shall be covered by easements, rights -of -way or,•in the case of lift station sites, by warranty deeds. Whenever the development of the subject property involves one consumer or a unity of title of several consumers and in the opinion of Service Company, ownership by Service Company of the internal water distri- bution and sewage collection system is not necessary then, at the option of Service Company, Developer shall retain ownership and the obligation for maintenance of such on -site facilities as consumer installations. Whenever Developer retains ownership and the obligation to maintain on -site facilities then, in that event, Service Company may impose reasonable requirements to assure that infiltration into the sewage collection system is at all times within allowable limits. Developer shall repair, at its own cost and expense, the internal sewage collection system to avoid, at all times, excessive infiltra- tion into such on -site sewage collection system. In addition to the contribution of the internal water distribution and sewage collection systems and further to induce Service Company to provide water treatment and waste water treatment plant capacities, Developer hereby agrees to pay to Service Company as a further contribution in aid -of -construction, the sums of money set forth on Exhibit C" attached hereto and made a part hereof. The payment by Developer of the sum set forth in Exhibit "C" in accordance with the times and the manner set forth therein shall be considered essential to the continued performance by Service Company of the terms and conditions of this agreement. As used in this agreement, the term "Contribution in aid -of - construction" shall mean both the contribution of lines and the contribution of monies set forth in Exhibit "C". Payment of the contribution in aid -of -construction does not and will not result in Service Company waiving any of its rates, rate schedules or rules and regulations, and their enforcement shall not be affected in any manner whatsoever by Developer making the contribution. Service Company shall not be obligated to refund to Developer any portion of the value of the contribution for any reason whatsoever, nor shall Service Company pay any interest or rate of interest upon the contributions. Except as may be specifically provided herein. Neither Developer nor any person or other entity holdin^ any of the Property by, through or under Developer, or otherwise, shall '111. any present or future right, title, claim or interest in and to the contributions or to any of the water or sewage facilities and properties of Service Company, and all prohibitions applicable to Developer with respect to no refund of contri- butions, no interest payment on said contributions and otherwise, are applicable to all persons or entities. Any user or consumer of water service or sewage service shall not be entitled to offset any bill or bills rendered by Service Company for such service Or services against the contributions. Developer shall not be entitled to offset the contributions against any claim or claims of Service Company. 7. Within a period of fifteen (15) days after the execution of this contract, at the expense of Developer, Developer agrees to either deliver to Service Company an Abstract of Title brought up to date, which abstract shall be retained by Service Company, and remain the property of Service Company, or to furnish Service Company, at Developer's expense, an opinion of title from a qualified attorney -at -law with respect to the Property, which opinion shall include a current report on the status of the title setting out the name of the legal title holders, the outstanding mortgages, taxes, liens and covenants. The Provisions of this paragraph are for the purpose of evidencing Developer's legal right to grant the exclusive rights of service contained in this agreement. Any mortgage or lien holder having' an interest in the property shall be required to join in the grant of exclusive service rights set forth in this agreement. B. The parties hereto recognize that prior to the time Service Company may actually commence upon a program to carry out the terms and conditions of this agreement, Service various State and Local om shaving iJurisdicti,onapproval rand governmental authorities regulatory power over the construction, maintenance and operation of water and sewage facilities. If the Property is not under franchise or certificate to others, then Service Company agrees that it will diligently and earnestly at its expense make the necessary and proper applications to all governmental authorities and will pursue the same to the end that it will use its best efforts to obtain such approvals. Upon Service Company's final approval of the plans for Developer's water distribution and sewage collection systems, it shall be the responsibility of the Developer's design engineer to forward such plans to the appropriate regulatory agencies for their approval. 9. 'Developer agrees with Service Company that all water facilities and sewer facilities used, useful or held for use in connection with pro— viding water service and sewage service to the Property, shall at all times remain in the sale, complete and exclusive ownership of Service Company, its successors and assigns, and any person or entity owning any part of the Property or any residence, building, or unit constructed or located thereon, shall not have any right, title, claim or interest in and to such facilities, or any part of them, for any purpose, including the furnishing of water or sewage services to other persons or entities located within or beyond the limits of the Property. 10. Developer, as a further and essential consideration of this agree— ment, agrees that Developer, or the successors and assigns of Developer, shall not (the words "shall not" being used in a mandatory definition) engage in the business or hlwsinesses of providing water or sewage services to the Property during the period of time Service Company, its successors and assigns, provide water or sewage services to the Property, it being the intention of the parties hereto that under the foregoing provision and also other provisions of this agreement, Service Company shall have the sole and exclusive right and privilege to provide water and sewer services to the Property and to the occupants of each residence, building or unit constructed thereon. 11. Service Company agrees that the charges for service availability and the rates to be charged to Developer and individual consumers of water service and sewage service shall be those set forth in the tariff of Service Company and Extension Policy approved by the Florida Public Service Commission. However, notwithstanding any provision in this agreement, Service Company, Its successors or assigns, may establish, amend or revise from time to time in the future and enforce charges, rates or rate schedules so established. However, such charges, rates or rate schedules shall at all times be reasonable and subject to the regulation of the Public Service Commission, if applicable, or as may be provided by law. Rates charged to Developer or consumers located upon the Property shall at all times be identical to rates charged, for the same classification of service, as are or may be in effect through— out the service area of Service Company. Exhibit "D", Guaranteed Revenue Agreement, shall be considered an integral part of this Developer Agreement. Notwithstanding any provision in this agreement, Service Company may establish, amend or revise from time to time in the future and enforce rules and regulations covering both water service and sewage service to the Property. However, all such rules and regulations so established by Service Company shall at all times be reasonable and subject to such regulations as may be provided by law or contract. —7_ • Any such initial or future lower or increased charges, rates, rate schedules, and rules and'regulations established, amended, or revised and enforced by Service Company from time to time in the future, shall be binding upon Developer; upon any person or other entity holding by, through or under Developer; and upon any user or consumer of the water service and sewage service provided to the Property by Service Company. 12. Developer, or any owner of any parcel of the Property, or any occupant of any residence, building, or unit located thereon, shall not have the right to and shall not connect any consumer installation to the water or sewer facilities of Service Company until formal written application has been made to Service Company by the prospective user of water service and sewage, service, or either of them, in accordance with the then effective rules and regulations of Service Company and approval for such connection has been granted. Although the responsibility for connecting the consumer installa- tion to the lines of Service Company at the point of delivery is that of the Developer or others than Service Company, with reference to such connections the parties agree as follows: (a) All consumer installation connections must be Inspected by Service Company before backfilling and covering of any pipes; (b) Notice to Service Company requesting an inspection of a consumer installation connection may be given by the Plumber or Developer and the inspection will be made within twenty-four (24) hours; (c) If the Developer does not comply with the foregoing inspection provisions, Service Company may refuse service to a connection that has not been inspected until Developer complies with these provisions. The parties hereto further agree that the costs or expenses of constructing all consumer installations and all costs and expenses of operating, repairing and maintaining any consumer installation shall be that of Developer or others than Service Company. 13. This agreement shall be binding upon and shall inure to the benefit of Developer, Service Company and their respective assigns and corporate successors by merger, consolidation or conveyance. However, in the event Developer has not paid for and delivered to Service Company the contribution in aid -of -construction provided to be delivered to Service Company by Developer under the terms of this agreement, then this agreement shall not be sold, conveyed, assigned, transferred or otherwise disposed of by Developer without the written consent of Service Company first having been obtained. However, Service Company agrees not to unreasonably withhold such consent. 14. Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, by mail or by telegram, and if to Developer, shall be mailed or delivered to Developer at: and, if to Service Company, shall be mailed or delivered to it at: -8- • I 15. The rights, privileges, obligations and covenants of Developer and Service Company shall survive the cor..pletion of the work of Developer with respect to completing the water and sewer facilities and services to any stage area and to the Prupeity a� a whole. 16. This agreement supersedes all previous agreements or represent- ations, either verbal or written heretofore in effect between Developer and Service Company, made with respect to the matters herein contained, and when duly executed, constitutes the agreement between Developer and Service Company. No additions, alterations, or variations of the terms of this agreement shall be valid, nor can provisions of this agreement be waived by either party unless such additions, alterations, variations or waivers are expressed in writing and duly signed. This agreement shall be governed by the laws of the State of Florida and it shall be and become effective immediately upon execution by both parties hereto. This agreement shall be filed for record with the Florida Public Service Commission upon its execution. In the event the Service Company or Developer is required to enforce this agreement by court proceedings at otherwise, by instituting suit or otherwise, then the Service Company or Developer shall be entitled to recover all costs incurred, including reasonable attorney's fees. IN WITNESS WHEREOF, Developer and Service Company have executed or have caused this agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this agreement. WITNESS AS TO DEVELOPER: (DEVELOPER) R 'L SCfCtIDT INDUSTRBY S INC, r WITNESS AS TO SERVICE CO.: TA_A C UTILITIES, INC. BY: ATTEST: I� -9- 0 BY: ATTEST: MORTGAGE JOINDER (If Applicable) �J 0 NOTARY CERTIFICATES STATE Or FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY THAT ON this 3 day of AN�u�`T before me personally appeared s A`kL S �h �+.�t to me known to be the person who signed the foregoing instrument for the uses and purposes therein mentioned. WITNESS my signature and official seal at said County and State, the day and year last aforesaid. otary Publ ..C-.:;:;:i::icn Ra::J 1, A—u n,. c c...., STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY THAT ON this, /af dayy of (C4r� cam 1977 before me personally appeared/,,�AJ � / and , respectively' TANARAC UTILITIES, INC., a corporation under the laws of Florida, to me known to be the persons who signed the foregoing instrument as such officers, and each of whom acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned, and they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation, such execution having been authorized by the governing body thereof. WITNESS my signature and official seal at said County and State, the day and year last aforesaid. Notary Public STATE OF FLORIDA COUNTY OF I UREB CERTIFY THAT ON this day of 19 before me person y appeared and respectively, of a corporation under the I s of the State of Florida, to me known to be the persons who signed the egoing instrument as such officers, and each of whom acknowledged the a cution thereof to be their free act and deed as such officers for the ses and purposes therein mentioned, and they affixed thereto the officia seal of said corporation, and the said instrument is the act and deed of id corporation, such execution having been authorized by the governing bo thereof. WITNESS my signature and official seal at_ said County and State, the day and year last afores Notary Public EXHIBIT "A" LEGAL DESCRIPTION EXHIBIT "B" SCHEDULE OF METER CHARGES 5/8 x 3/4" meter $ 60.00 1" meter 150.00 meter 210.00 Z" meter 300.00 The above meters are of the disc -piston, positive displacement type meters normally used for household and similar low volume usage such as multi- family buildings and small commercial establishments. Meters required of a size larger than those listed above and primarily for use for large commercial or "master meter" installations, shall be of the turbine or compound type. Installation of such meters shall be in permanent concrete vault designed for the purpose and approved for installation by Service Company's engineer. Installation costs of such meters, appurtenances and vaults shall be determined by Service Company's engineer by special negotiation with prospective consumer. Terms of Payment - Payable in advance of the meter installation 11 0 EX111BIT "C" ADDITIONAL CONTRIBUTIONS ItJ AIP OF CO14STRUCTiON In order to further induce Service Company to provide and maintain good, adequate and sufficient central water and sewage facilities, Developer hereby agrees to abide by the provisions of this Exhibit and to pay to Service Company, in accordance with the terms andonditions set forth below, the sums of money, set forth herein as additional contributions in aid of construction. The parties hereto recognize that Service Company has filed with the Florida Public Service Commission, a document entitled "Tamarac Utilities, Inc. Extension Policy", a copy of which is attached hereto and made a part hereof. The terms, conditions and provisions of said Extension Policy are incorporated herein by reference as if fully set forth herein. Developer agrees to be bound by the provisions of said Extension Policy, including, but not limited to, the provision for payment of connection charges; conveyance of "on -site" facilities to Service Company, as provided for in this Agreement; and, payment of a contribution in aid of construction for Developer's hydraulic share of "off -site" facilities (as said terminology is explained in the "Extension Policy") extended by Service Company to Developer's property. On -Site Charp�: (Not Applicable) On -Site lines are to be constructed by Developer and dedicated to Service Company by Developer. Off -Site Charge: Developer shall pay to Service Company $245.'00 per unit for every single family unit or equivalent or multi -family unit constructed on land covered by this Developer's'Agreement. This payment is to reimburse Service Company for the cost of providing "off -site" trunk lines. (Hydraulic share of transmission lines, collection lines, force mains, and pump stations.) • That specific cost is: 291 Units X $245.00/Unit - $71,295.00 1 Rec. Center - 1 ERC X $245.00/Unit a 245.00 Total A $71,500.00 Plant Ca acit Char e: (Hydraulic Shrare of Plant Capacity) 291 Units X $183.00/Unit - $53,253.00 1 Rec. Center - 1 ERC X $183.00/Unit - 183.00 Total - $53,436.00 Pa ent Provisions: I. Plant Capacity Charge is due in full at time of execution of agreement to reserve plant capacity, 2, Off -Site Charge - payable per lot at the time each lot is ready for requested service. The Service Company specifically covenants and agrees that for each and every connection fee (in the amount of $183.00 paid pursuant to the terms of this Agreement, the Service Company shall reserve for the benefit of the lands described upon Exhibit "A" to this Agreement, one (1) ERC of hydraulic water and sanitary sewer plant capacity. Said reservation shall be good with- out any additional consideration or payment therefor for a period of two (2) years from the date of this Agreement. Said reservation shall inure to the benefit of any successor:: or grantees of developer as to all or portions of the lands described upon Exhibit A'. • • EXHIBIT "D" GUARANTEED REVENUE AGREEMENT 1. Im lamentation: Upon receiving a "Certificate of Occupancy" for any unit, or twenty-four months from the date of this agreement, whichever occurs first, Developer agrees to pay the Service Company Guaranteed Revenues based upon the following: a) Payments for each unit covered by this agreement shall be at the minimum monthly charge for water and sewer service for each equivalent residential connection in accordance with the Service Company's Tariff as approved by the Florida Public Service Commission. The present amount is $14.35 b) Guaranteed Revenue Payments shall commence on the first of the month following the receipt of the Certificate of Occup- ancy, or twenty-four months from the date of this agreement, whichever shall occur first. c) As units are sold and the accounts are placed in the new owner's name, the Developer shall be relieved of the res- ponsibility for the Guaranteed Revenue payments for that unit. z. Treatment of Guaranteed Revenues: Service Company hereby advises Developer that Guaranteed Revenue payments made by the Developer shall be considered as revenue (income) on the Service Company's books and reports filed with the Florida Public Service Commission. Under no circumstances shall such Guaranteed Revenue Payments be considered contributions in aid of construction. It is further recognized, under- stood and agreed that such guaranteed revenues are in lieu of actual revenue from consumers for that interim period of time prior to the construction and occupancy of dwellings and buildings. 3. FailureTo Pay; Failure to pay the Guaranteed Revenues within fifteen (15) days of being invoiced shall be considered a default of this Agreement. As a consequence of such default by the Developer, any reserved Plant capacity under this Agreement shall automatically be rescinded and any payments made to reserve such plant capacity shall be applied against the outstanding invoices for Guaranteed Revenues. 4. Re uirement To Pa ; The requirement for the payment of said guaranteed revenues shall be a covenant running with the land and shall be a condition precedent to further service and binding upon the Developer, its successors and assigns or subsequent owners holding by or through the Developer. "EXHIBIT C" • I• SKETCH OF BOUNDARY SURVEY DESCRIPTION: Lot 5, Block 373, .WE13TW00P COMMUNITY SEVEN, aro recorded In Plat Book 81, Page 20 of the. Pu611c Records of Bro.ard County, Florida. ASN au WIM nI 1 �nn1Aw c rnula L-mini[ M • F11111 FIIrA 1. -an 10 lM1 M -k A WC n7N !4wo 9 LL~f nllrtln 4pn ■ r.4v1D . m IS � mim nwwl Isuq aF7[f id1211 Il4ltiAnl Islpo �sosN[ rm ..4 1meawl � LENAIC NC75.373 ,ROER Q,** t1-iZ6 9b'� lO� Q-PCE I \ e, F,h^' �y1•l A y0 fnd 1/2' Pipe,-2691 f nd 1/2• Prpe.•26-F1 MIOIAEI ,L X111 PNOFESSIOIBL StEf4ETOH t INPPEA Iq. "'I SLATE B FLMI A .fFFREV 1 NI7l PROFESSIp4L SS OYOR A NEPPFA W, 4711 SfAIE 6' FLWtpA No. FOR: PAtE I Not.,: SCALE: i' = 20' I. Banringe oh—n ere beeed on the {-LOOP ZONE: A-2 72092 5PNYN65 MANOR LON4T. 2/12/97 Eeet ProfP r!yy Llne of Let BASE FLOOD ELEVATION' +11' REVISIONS N 30*34'S4' V per pie! LOT CONTAINS 2. 0 Irdl4nte� ae!/fnd 5/0• iron Rod FIELD BOOK: 369-46 LB 177E van lee. otherrlee noted. I. El_IL one per N. G. V. O. of I124. 4. Thly 5..r rey me4le the Mln. Tcch. 5lenderde, per Chepter 61G17-b F"AL. MIS Slim 11(mrs Ml FAilmnt Mons OF III As ml 111010 out 0 5. 01 mere I onv for bu I I d 1 ngy and bu I I d I ny riff pIN111m If Alltlm ULM Not valid Nltlnll tN slplAtRd ties ore to the fo�n46 n of same. /Ip11(STAR►M nd f1111101fJ1a ARd lM drq11ul rllded tell of d01N6. o Sndl4et4e Prop oeed 9rodeeAfwih llem ill swmw. ADEN I ASSOCIATES 16701 PINE ISLAND ROAD SUITE 260 TANARAC FL. 33321 (954)-720-1042 FAX( 954-72D-1045 LAND SURVEYS 0 SUBDIVISIONS 0 CONSTRUCTION SURVEYS • EXHIBIT D TAMARAQ WATER NSEWER AGREEMEbjT DEVELOPMENT 1 110 NW 71st Place MEIER SCHEDULE FOR RESIDENTIAL SE OF ERC'S WATER SEWER TOTAL NO. OF METER LOT # # QE UNITS WATER SEWER QIAC FEE # CIAG FEES CIAC FEES METERS SIZE lot #5 1 1 1 $1,205,00 $1,550.00 $2,755.00 1 5/81' T TALS 1 1 1 $1,205.00 $1,550.00 $2,755.00 1 5/8" N/A DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = N/A ERC'S (SEWER) TOTAL ERC'S 1 (Water) 1 (Sewer) SERVED BY WASTEWATER PUMP STATION NO. 36 961011 19 Wsdanp.wpd