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HomeMy WebLinkAboutCity of Tamarac Resolution R-91-043Temp. Reso. #6005 1 2 111 12 33 14 Ss I 22 1 22 23 24 I 25 26 27 28 29 30 31 31 35 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. - �-- i 1 i n� „_.?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