HomeMy WebLinkAboutCity of Tamarac Resolution R-91-043Temp. Reso. #6005
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-91-J --
A RESOLUTION ACCEPTING AN ASSIGNMENT OF
THE ORIGINAL WATER AND SEWER DEV-
ELOPER'S AGREEMENT FOR WALGREENS/
WOODMONT SHOPPES (FORMERLY CORPORATE
CENTER) TO BUILD TO SUIT PARTNERS II;
APPROVING AN ACKNOWLEDGMENT AND CONSENT
TO ASSIGNMENT TO BE EXECUTED BY THE
CITY; APPROVING AN ACCEPTANCE AND
ACKNOWLEDGMENT OF AGREEMENT AND CONSENT
TO ASSIGNMENT EXECUTED BY BUILD TO SUIT
PARTNERS II; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Part IV(A) of the Water and Sewer
Developer's Agreement for Walgreens/Woodmont Shoppes (formerly Corporat(
Center), the City of Tamarac shall approve all assignments of the Watei
and Sewer Developer's Agreements; and
WHEREAS, pursuant to Part IV(A) of the Water and Sewer
Developer's Agreement, the City shall be a party to said assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the City of Tamarac hereby approves and accepts
the Assignment of the Water and Sewer Developer's Agreement, attac
hereto and made a part hereof as Exhibit "A".
SECTION 2: That the City of Tamarac hereby approves the Acknowl-
edgment of_Agreement and Consent of Assignment for the Walgreens/Wood
mont Shoppes (formerly Corporate Center), to be executed by the City o
Tamarac and attached hereto as Exhibit "B".
Section 3: That the City of Tamarac hereby approves the Accep-
tance and Acknowledgment of Agreement and Consent to Assignment execu
by Weicholz Management Corporation and which is attached hereto a!
Exhibit "C".
SECTION 4: That the City Clerk is hereby instructed to ensure
recordation of each of the documents referenced above.
SECTION 5; This Resolution shall become effective
immediately upon its passage. ZAII
PASSED, ADOPTED AND APPROVED this 13 day of
ATTEST:
!>1
10 CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this esolution as
to
ALAN F. 9VF
CITY ATTORNEY
34
35
1991.
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DISTRICT 1:
C/M ROHR'
DISTRICT 2:
C/M SCHUMANN
DISTRICT 3:
v/M HOFFMAN
DISTRICT 4:
C/M BENDER
EXHIBIT "A"
WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Corporate Center for Weicholz Financial Group
(Name of Development)
GENERAL LOCATION: 8199 No. University Drive
Tamarac, Florida
THIS AGREEMENT effective this day off
198 � made and entered into by and between:
The CITY OF TAMARAC, at 5811 Northwest 88th Avenue,
Tamarac, Florida, a municipal corporation of the
State of Florida, hereinafter called "CITY"
and
Weicholz and Gordon, Inc.
at 1750 University Drive, Coral Springs, Florida
hereinafter called "DEVELOPER"_
and
Weicholz and Gordon, Inc.
at 1750 University Drive, Coral Springs, Florida
hereinafter called "OWNER".
W I T N E S S E T H
WHEREAS, CITY is the owner and operator of a water treatment and
sewer treatment plant, together with water distribution and sewage
collection facilities known as "TAMARAC u,rii.i,riES WI.ST WATER AND SEWER
SYSTE'•I" ; 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
acreement to PROPERTY shall refer specifically to DEVELOPER'S PROPERTY
described it Exhibit "A" attached; and
WHEREAS, DEVELOPER and OWNER desire to procure water service or
se'. -'age disposal service or Loth from the CITY for tho PROPERTY; anJ
idiil:ltl;/15, the partif?s desire to )nt-or int:c> ;jn sett_i,ng
rnutu,� 1 rrnri �r st_rinr?inr�r; inri r,n��•rrr .rk i n�) r,t l•rrr?i nri th,� f u;
, VtC. . I,)r t.h, I'►t��►`►:I'11 Ind
WHEREAS, this Agreement and all stipulations and covenants made
0 erein are acknowledged to be subject to the approval of every County,
egional, 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 "H";
WHEREAS, the City Council has approved this Agreement and has
authorized the proper city officials to execute thi Agreement by mo-
tion passed at a regular City Council meeting on
198
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 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 Acreement 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
approcriate governmental regulatory agencies and by the City Engineer,
or his authorized representative; and said water distribution and sew -
collection lines shall be installed and connected to CITY's exist-
_c distribution and sewage collection lines, all of which work
h ? ' n•, paid for by the DEVELOPER.
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„_.?llatlo;�s �; 1 1 t) ..- t;l;`a? 1•2:3 ,it DF.vEl, l) 2 S,
7
expense and shall include, without limitation, all gravity flow mains,
force mains, pump stations and lift stations required for the furnish-
ing of service to the PROPERTY. At the time of submission of the
Rans, specifications and• engineering data by DEVELOPER to the City
gineer, IF THIS AGREEMENT IS FOR TEN (10) OR MORE ERC'S, DEVELOPER
shall pay to CITY a Plan Review Fee of $750.00 (to be paid one time
only). Said Plan Review Fee is to compensate CITY for CITY'S expense
in having said plans, specifications and engineering data reviewed by.
consulting engineers.
B. INSPECTION AND SUPERVISION BY DEVELOPER'S ENGINEER,
DEVELOPER shall, at his expense, and at no expense to the
CITY, retain the services of a registered professional engineer for the
purposes of providing necessary inspection and supervision of the con-
struction work to insure that construction is at all times in compli-
ance with accepted sanitary engineering practices and in compliance
with the approved plans and specifications. DEVELOPER shall notify
City in writing of such appointment. A copy of each field report shall
be submitted to the City Engineer. Should there be cause or reason for
the DEVELOPER to engage the services of registered engineer (other 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 may be
present and DEVELOPER'S engineer shall be present to observe and wit-
ness tests for determination of conformance to approved plans and
snacfications.
F. COMPLIANCE WITH APPLICABLE LAWS
The work to be performed by DEVELOPER, pursuant to the provi-
sons set forth herein, shall be in accordance with all requirements of
ti reculatory agencies which have jurisdiction over the subject matter
c!c'-1 s Agreement as well as all applicable Federal and State Statutes,
Count. anti CITY ordinances_ The requirements of this paragraph shall
r,agardl<?ss of arnv errors or omissions in the approved plans or
- cat ior:s .
3-
G. AS --BUILT DRAWINGS
DEVELOPER shall,-. at his own expense and at no expense to the
CITY, furnish to the CITY one complete set of reproducible As -built
drawings prepared by a Florida registered engineer who designed the
water distribution and sewer systems or by any other engineer retained
by the DEVELOPER. This As -built drawings submitted to the CITY shall.
be on transparent material approved by the City Engineer. As -built
drawings shall be certified and sealed by the DEVELOPER'S engineer and
shall show all pertinent information as to all mains, services and
appurtenances belonging to, and affecting the water distribution and
sewage collection systems and service lines as constructed in the
field. As -built drawings shall also be sealed by a Florida registered
surveyor as to the actual location of all surface features of these
systems and easements and rights -of -way which are part of or adjacent
to the PROPERTY.
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 14" and
attached to this Agreement as Exhibit "C". Exhibit "D" is attached to
this Agreement and shall indicate the number of buildings to be built,
number of residential, non-residential and accessory units and ERC's
per building and the number of meters and meter sizes.
Payment of the contribution charges is a condition precedent
to the execution of this Agreement. The contribution charges appli-
cable for this Agreement are summarized as follows:
CONTRIBUTION (WATER)
Residential # Units X ERC's Per Unit @ $620.00 Per ERC
Non -Residential # 15.4T_RC's @ $620.00 Per ERC
Total ERC's 15.45 (WATER)
CON i'RI BUTTON (SEWER)
Residential # Units X ERC's Per Unit @ $1,089 Per ERC
Non -Residential # 15.45ERC's @ $1,089 Per ERC
Total ERC's 15.45 (SEWER)
The DEVELOPER has paid to the CITY the sum of (S 26,404.0:_.
0r contribution charges.
THE CONTRIBUTION CHARGES ARE DUE AT THE TIME THIS AGREEMENT IS
BY CITY COUNCIL.
g- ql-,-43
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
Ie or 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 ot
this Agreement. Has a Plat for the property been recorded with Broward
County _YES X NO. If NO, then GUARANTEED REVENUES commence one (l.)
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
~gads by the DEVELOPER shall be considered as revenue (income).
J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE
M,Pr7ggARY
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
s"--11 be performed by DEVELOPER prior to the issuance of the first
2ertificate 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.
L. SANCTIONS AND PENALTIES
Should DEVELOPER be in default of this Agreement, it is agreed
Isaz ..he CITY shall have the right to exercise any of the following
-:c _ ions or penalties:
1_ Th,-, site plan fo- tho property is voidable by t2esoluti0n
E
V3 t
of the City Council.
2. No final inspections shall be approved by CITY.
3. No Certificate of Occupancy shall be issued by CITY for
any unit on the PROPERTY.
4. 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.
5. The CITY shall be entitled to lien the PROPERTY and fore-
close the lien in satisfaction of any payments due under this Agree-
ment_
6. 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 andright-of-way within
the PROPERTY and off -site improvements installed for the purpose of
supplying water distribution and sewage collection for DEVELOPER'S
PROPERTY; and
3. Furnish CITY with an AFFIDAVIT that all persons, firms or
carnorations who furnished labor or materials used directly or indi-
rectly in the prosecution of the work required to be performed by this
N reement have been paid, or in the event of a dispute between the
WE' OPE,-� and a contractor or subcontractor, furnish CITY with a BOND
in the amount in dispute and in a form acceptable to the CITY; and
4 F ur nish CITY wi 'll a 5JIt isfActory s.:rety pond or letti_,r 0 f
in t.-`:-- a1-10U of twenty -f.ive percent (25 i of the co,t of t' .
f_�
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
40 cceptance 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-
ed, tested and approved and certified in writing by the DEVELOPER'S
engineer, together with the City Engineer, or his authorized
representative; and (2) when DEVELOPER has satisfied the conditions of
this Agreement, then CITY shall thereafter maintain the water
distribution system and sewage collection system up to and within
granted easements upon DEVELOPER'S PROPERTY. The obligation of the
CITY to furnish water and/or sewer service other than construction
water shall not arise until DEVELOPER has completed the conditions
contained in this paragraph. The CITY shall reserve 15.45 ERC'S of
water service and 15.45 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
as a result of the actions of any regulatory agency, then the CITY's
sole obligation shall be to refund DEVELOPER'S contribution charges as
described in this Agreement, for those units for which CITY is unable
to provide 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 pre-
i s contained at the beginning of this Agreement are true and
rect and in addition to them, it is mutually covenated and agreed,
as follows:
_'7-
A. ASSIGNMENT OF THIS AGREEMENT
In addition to binding DEVELOPER, the provisions of this
Ogreement sha31 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 shah, remain primarily liable to CITY for the
terms and Conditions of this Agreement unless assignment is made in
compliance with this section. CITY agrees to execute a "satisfaction
by assignment" for DEVELOPER if this Agreement is properly signed.
DEVELOPER agrees to make full disclosure to any party purchas-
ing all or any part of the PROPERTY encompassed by this Agreement as to
all the terms hereof, and with particular reference to the GUARANTEED
REVENUES set forth in Section I of Part II herein.
B. REPEAL OF PRIOR AGREEMENTS
All prior DEVELOPER Agreements or Agreements pertaining to the
supply of water and sewer affecting the PROPERTY are hereby cancelled
and declared of no force and effect upon that PROPERTY which is the
subject matter of this Agreement.
PART V. ADDITIONAL MUTUAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER
It is mutually covenanted and agreed by and between the parties as
follows:
A. EXCLUSIVE RIGHTS OF CITY
CITY shall have the exclusive right to furnish water service
and sewage collection service to consumers within the PROPERTY covered
by this Agreement.
B. WELLS PROHIBITED EXCEPT FOR IRRIGATION
DEVELOPER, his successors and assigns, and the owners and occu-
pants of buildings on DEVELOPER's PROPERTY shall not install or main-
tain any water wells except for irrigation purposes.
C. PROMULGATION OF REASONABLE RULES OF SERVICES
CITY shall have the right to promulgate from time to tir10
°.son-ile rules and regulations relating to the furnishing of wat r
collection servjC? to COnSumtI'S wi
thin 1120E L.t""I'
Su(- riles and regular ion-, m,:y I-
e , L,7/4,-3 0
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
Oates now or'hereafter charged to other customers within the area of
ervice Of TAMARAC UTILITIES WEST WATER AND SEWER SYSTEM. DEVEi-0PER
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.
E. EFFECTIVE DATE
Unl-ess 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
CONn7TTOM
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
as set forth above and in applicable City regulations.
H. CONDITIONS ON FIRE HYDRANT USE
No water from CITY's water distribution system shall be used
or disbursed by DEVELOPER or his agents, through fire hydrants or water
mains, or by any person, firm, corporation or agency, public or pri-
vate, unless there has first been made adequate provisions for compen-
sating CITY for such water.
I. DISCLAIMER
Any temporary cessations or interruptions of the furnishings
w•�ter and sewer service to the PJZOPL'RTY described herein at any time
5", an rift of GG(:, fires, strikes, casualties, aCC1CFittS, I7C"w''-
-9-
k 9 /_ 111k3 t
failures, necessary maintenance work, breakdowns, damage to equipment
or mains, civil or military authority, riots or other cause beyond the
control of tre CITY shall not constitute a breach of the provisions
contained hea�ein 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
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 o_ublic water main
is protected by an Approved back floe prevention
assembly as required by Florida Ad„linistrativc Code
17-22, appllcat�le DEP r qulatlons, and this �i?C'tlOn
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 nbt 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
Sack -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
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 Derformed
(with results submitted to Utility Director) t.
St.3te ce `i f a.ed b Ick f low Ins:),1-1c,_0r t
11-
N.
Developer/Owner expense.
wellfield Protection
Developer acknowledges that property described in
Exhibit "A" (is/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
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
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:
0
FOR THE CITY OF TAMARAC:
FOR THE DEVELOPER
r.-71-V30
City Manager Jim Gordon
5811 Northwest 88th Avenue Weicholz & Gordon, Inc.
Tamarac, Florida 33321 1750 University Drive
Coral Springs, Florida 33071
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 X
EXHIBIT "C" - A copy of the site plan of the
PROPERTY reduced to 8--1/2 inch by
14-inch page size.
EXHIBIT "D" - A listing for the PROPERTY indicating
the number of 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 X
0
'e, - 7/ - 4�
IN WITNESS WHEREOF, the parties hereto have caused these
Asents to be executed on the day and year indicated below:
Signed, sealed and delivered THE CITY OF TAMARAC
in the presence of:
1 ATTEST:
C TY ANAGER iv �)F:' ZoZc
ATTEST:
CITY CLERK C- eRc� c 6,4R6c.,; c
11
_i3_
MAYOR �seRti'rt.z h`
DATE:
BDCIY MANAGER crtti' P KeZ-LY
DATE: 1q11W,'?
Approved as to form
By
�cri✓�- CITY ATTORNEYo0cH4Rp M. AF">4/cR
DEVELOPER
exc olv-�3a e�� CH-$rSation
1-50 Univer 'ty Drive
Coral S ' -g orida
B �i. -",i
DATE:
Stephen W
WITNESS
-WITNESS
WITNESS
T WI'NESS
r
LJ
-14-
MORTGAGEE (If Applicable)
NA
DATE:
OWNER
DATE:
(� _ 9i'y3
i'ATE _OF FLORIDA
D1OY OF BROWARD
SS:
Before me personally appeared ~ '-
me well known and known to me to be the persons) described in and who
cecuted the foregoing instrument, and acknowledged to and. before me that
:ecut ed said instrument for -the purposes therein expressed.
WITNESS my hand and official
D. 19 -
My commission expires:
1 .:= OF FLORIDA
1 --NTY OF BROWARD
SS:
seal, this 't' day of
Notary Public
State of Florida at Large
Before me personally appeared
fw
e well known and known t me to b the person(s) described in and who
-u}ed the foregoing instrument, and acknowledged to and before u,,: tt;a=
�Cuted said instrument for the purposes therein expressed. ^"
WITNESS my hand and official seal, this /SZ day of
�. 19 � L.
My commission expires:
PUBLIC STATE V rLOVDA
F1' S,►a'SSIUN E7.P SEPT 17.19.D
6: KEC TmRU GEWAI IAS. Ulg7.
F,I
L
-15—
Notary ublic
State of Florida at Large
I]
'ATE OF FLORIDA ) '
SS:
UN OF BROWARD )
11
Before me pers ally appeared
well known and known to me be the persons) described in and wto
ho
ectuted the foregoing•instrumen and acknowledged to and before me that
ecuted said instrument for the purpose therein expressed.
WITNESS my hand and official seal, his day of A.D.
My commission expires: Notary P is
State of Fl 'da at Large
-16-
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
C�
? Stephen Weicholz do hereby affirm
that I am the pr
dent of
Iand that I have executed a water and sewer Developer's Agreement with
::he City of Tamarac for The Weicholz Financial Centrproject and that I am
':he owner of the property covered by said Developer's Agreement..
There are no mortgages held on the property which is the
'subject of said Developer's Agreement,
FURTHER AFFIANT SAYETH NOT,
Sitrnature )
This day 'of 8
TATE OF FLORIDA )
SS:
OUNTY OF 4 . r)
Before me personally appeared -- . ;.� ; , to me
ell known and ;mown to me to be the person who executed the foregoing
istrument acknowledge to and before me that tj•
xecuted said document for the purpose therein expressed.
WITNESS my hand and official seal this
198 ?
A
Notary Public of
La rge
i
day of
State of Florida at
,f
My commission expires:
-17-
UUILDING #
TOTAL
ZE
211
EXHIBIT D
TAMARAC WATER AND SEWER AGREEMENT
DEVELOPMENT Corporate Center for Weicholz Financial Croup
SIZE
# OF UNITS # OF ERC'S # OF METERS OF METERS
N/A
METER SCHEDULE FOR NON—RESIDENTIAL USE
ERC'S SERVICE USE
15.45 Commercial
Office Building
TAL ERC'S
IS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
A'T 4" DIAMETER
1 AT 6" DIAMETER
AT 8" DIAMETER
AT "DIAMETER
1<3-
EREBY CERTIFY THAT THE NON-RESIDENTIAL WATER .METERS LISTED ABOVE MEET
MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA B
INTENDED USE . UILDING CODE FOR THE
Jerome B. Sava1, P.E.
F�we 7
CJ
#36168
_19_
I_ �-41-y3 R
11
Exhibit. 'A'
LOCATION MAP
rv. T. S.
DE5CRIPTION:
A Parcel of land lying in Section 4, ib+m ahip 49 South, Range 41 East, being a
Portion of "FORT LAUDERDALE TRUCK FARMS-, as recorded is Plot Book 4, Page 31,
of the Public Records. of Broward County, Florida, being more particularly
described as follows:
The North 326.12 feet of the following described parcel; Commencing at the
intersection of a line parallel with and 296.00 feet South of at -measured at
right angles to the South Right-of-way line of Canal C-14 of Central and
Southern Florida Flood Control District, and a line parallel with and 60.00
feet west of, as measured at right angles to the East line of Section 4,
Township 49 South, Range 41 East; thence South 00012'16- East, parallel with
and 60,00 feet Vest of the East line of Section 4, a distance of 1421.97 feet
to the POINT OF BEGINNING of this description; thence continuing South
00012'16" East, a distance of 1276.62 feet; thence North 65003'37- Vest, a
distance of 662,81 feet; thence North 00012'16" West, a distance of 1020.00
feet; thence North 89047'44" East, a distance of 575.00 feet to a point of
curve; thence Easterly and Southerly, along the are of a circular curve to the
right, having a radius of 25.(>0 feat, an arc distance of 39.27 feet to the
DINT OF BEGINNING. Containing 4.489 acres, Gore or less.
aid land situate, Iying and being in the City of Tasaroc, Brovard County,
`lorida.
Sub)ect to all easasonts, reservation& and rights -of -way of record.
1_7 14:03 RTKL FT. ..AUDEROALE
10
j
1
1
SITE PLAN
EXHIBIT .C,
WEICHOLZ FINANCIAL CENTRE
8:99 UNIVERSITY DRIVE
TAMARAC, FLORIDA
K_ 9/-V-3 a
ASSIGNMENT
For: Walgreens/Woodmont Shoppes
KNOW ALL MEN BY THESE PRESENT
THAT WEICHOLZ MANAG MENx C PORATION OF N.Y. (having an address of: 1750 University Drive
the first
part, in consideration of the sum of TEN AND N0/100 ($110-00)C.S. Fla_33D7jL, partyoDOLLARS, and
other valuable considerations, received from or on behalf of BBi ld to , uit.
23 RF.rs— _L_....,.,...�•_.�,.,.-,_� party of the second part, at or before the
. ensealing and delivery of these presents, the receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell, assign, transfer and set
over unto the party of the second part, the following:
All right, title and interest in and to 15.10 ERC
units also known as Utility Connections as referred to in that certain
agreement dated Sept. 9,1987 by and between WEICHOLZ MANAGEMENT
CORPORATION OF N.Y. , Is Developer, .and the CITY OF TAMARAC, a
municipal corporation of the State of Florida, as City, which Agreement
has been assigned to Seller. A copy of said Agreement dated Sept. 9, 1987
is incorporated by reference.
TO HAVE AND TO HOLD the same unto the said party of
the second part, its legal representatives, successors and assigns.
IN WITNESS WHEREOF, the undersigned has hereunto set
its hand and seal, this day of 19 90.
In the presence of:
B)
Rosemary hoenlsnecht
Mary Pal dino
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the County and State aforesaid to take
acknowledgements, personally appeared
to me known o be the person described
in and who executed the same on behalf of said corporation.
day of r'�'!� i- v c,"� 19 90 WITNESS my -hand and of f ici
1 this 7
Notkdf!j�Public -
P
My commission expires: i':'';:,
ACKNOWLEDGEMENT OF AGREEMENT AND
CONCENT TO ASSIGNMENT
For: Walgreens/Woodmont Shoppes
The'City of Tamarac, a municipal corporation of the State of
Florida, "City", hereby acknowledges that effective as of S=I— g. 14gZ
_, it entered into a Water and Sewer Developer's Agreement concerning
Cor;porai<g,Cgnter for Weicholz "Developer's Agreement", with Weicholz
M,an.aumE11t_Cor—Doraj]on as Developer, a copy of which Agreement is
attached hereto as Exhibit "A".
The Developer's Agreement was subsequently assigned by Weicholz
to
by Assignment dated
The City hereby consents to and approves the Assignment of the
Developer's Agreement from WeicholZ_MgnagEqpnt_ to o Suit
eartnprs1 - —
ATTEST:
City M nag
(!7—
ATTEST:
City Clerk
STATE OF FLORIDA
COUNTY OF�
THE CITY OF TAMARAC
I'M
Da
CB7Q4V-.
Citg M V
ger
Date
Approv as to rm
By
City A to
Before me personal1 appeared 2V%-z -�� a, c4-& as Mayor
of the City of Tamarac, �, as Gity Manager of the
City of Tamarac, and Q` _ _ as City Clerk of the City of
Tamarac, to me well known and known to me to be the persons described in
and who executed the foregoing instrument, and acknowledged to and
before me that they executed said instrument for the purposes therein
expressed.
WITNESS my hand and official seal this a day of 19 Q /
MY COMMISSION EXPIRES:'�_�;
NOTARY PUBLIC
NOTARY PUBLIC STATE OF FLORjOA
MY COWISSION EXP. NOV. 6{1994
BONDED THRU GENERAL INS. UND.
? - 43 /- t/-3 #0
Is
40
Acceptance and Acknowledgement of A reement
and Consent to Assignment
For: Walgreens/Woodmont Shoppes
arty of the second part agrees to accept
assignment of Utility Connections.
WITNESSETH:
L
-b
STATE OF FLORIDA
COUNTY OF A;�,�
B3
By
Before me personally appeared Qto-� to
me well known and known to me to be the p rson(s) described
in and who executed the foregoing instrument, and
acknowledged to and before me that they executed said
instrument, for the purposes therein expressed.
WITNESS my hand and official seal this day of
1990.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
POT47:,p PutiM:; :TAT- W FL07Z!DA AT LAZac
JAV C0:A",G-1')N EX .Z-i MARCH 11, 1934
pQNU- + '� ::ls««i1y & ASSOCtA7 5
9