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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-255i 3 4 5 6 8 24 25 26 PZA 28 29 30 C ��/C 885075io Temp. Reso. #5185 7525 N. Wr CITY OF TAMARACITY OF TAMARAC, FLORIDA TAMARAC . 83 AVENUE , FLOR►DA 33321 Y'C►erks Dept, RESOLUTION NO. R-88- oz�� A RESOLUTION DECLARING A WATER AND SEWER DEVELOPERS AGREEMENT WITH LAWRENCE PROPERTIES GROUP, INCORPORATED, FOR TAMARAC EXECUTIVE CENTER IN DEFAULT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into a Water and Sewer Developers Agreement with Lawrence Properties Group, Incorporated, for the property known as Tamarac Executive Center, which agreement was dated July 27, 1984; and WHEREAS, Lawrence Properties Group, Incorporated, has failed to pay the Guaranteed Revenues and Interest, as required by this Agreement, for a total of $567.72; and WHEREAS, the City Council wishes to declare this Agreement in default. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Water and Sewer Developers Agreement dated July 27, 1984, between the City and Lawrence Properties Group, Incorporated, for Tamarac Executive Center, is hereby declared in default due to failure to pay Guaranteed Revenues and Interest in a total amount of $567.72 c» SECTION 2: That the City Clerk is hereby directed to v record this Resolution in the public records of Broward County, Florida. SECTION 3: That the City Clerk is hereby directed to transmit a certified copy of this Resolution to Lawrence Properties Group, Incorporated. SECTION 4: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED, AND APPROVED this day of 1988., a ` , ATTEST: NORMA ABRMOWITZ AMAYOR ? , ... CAROL A. EVANS RECORD OF COUN .OPTS CITY CLERK MAYOR ABRAMOWITZ I HEREBY CERTIFY that I have DISTRICT 1: C/M ROHR - approved this RESOLUTION as toN t form.,. n _ DISTRICT 2: V/M STELZ_ER ( (/� DISTRICT 3: C/M HOFFMAN /f '9 • �' RI CHARD DOODY CITY ATTORNEY DISTRICT 4: C/M BENDkR� 1 1 1 Ll I- ASSIGNMENT KNOW ALL -MEN BY THESE PRESENTS, that for and in consideration of Ten ($10.00) Dollars and other good and valuable consideration, receipt of which is hereby acknowledged, RICHARD F. STEPHEN (hereinafter referred to as ASSIGNOR) Does hereby transfer, set over and assign unto Lawrence Properties Group, as Trustee, (hereinafter referred to as ASSIGNEE) all of the ASSIGNOR'S right, title and interest as Purchaser, in and to that certain DEVELOPER's AGREEMENT, dated October 17, 19802 by and between the City of Tamarac, a munkcipal corporation of the State of Florida, recorded in Official Records Book 9345, Page 613 of the Public Records of Broward County, Florida. BY THE ACCEPTANCE OF THIS ASSIGNMENT, the ASSIGNEE does hereby agree to assume all of the obligations of the ASSIGNOR under said DEVELOPER'S AGREEMENT as set forth herein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this ,:�2 fe-!c day of July, 1984. WA E f cm A.--.. Witness: ASSIGNOR: 91CHARD F. STMEN ASSIGNEEE: 7 LAWREW P IES GROUP, INC. K_ 4y2fr1;?-b%3 FOR: entrim at -Tamarac (Name of Development) GENERAL LOCATION: Lot 4, Block 35, McNab Commercial Subdivision, No. 2. ��°R'rH SidF °~ McN�93 aErr��aA/ n/w_e0'r±4'Ayg.-J- N,J �y,�✓F i THIS AGREEMENT effective this _��` day of 498.`_ made and entered into by and between: The CITY OF TAMARAC, at 58.11 Northwest 88th Avenue, Tamarac, Florida, a municipal corporation of the State of Florida, hereinafter called "CITY" and Lawrence Properties Group at 2050 Collier Avenue, Ft. Meyers, Florida 33901 hereinafter called "DEVELOPER". and Tamarac Executive Center at 2050 Collier Avenue, Ft. Meyers, Florida 33991 hereinafter called "OWNER". W I T N E S S E T H 0 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 UTILITIES WEST WATER AND SEWER SYSTEM"; and WHEREAS, DEVELOPER owns or controls certain real property in Bro- ward County, Florida, as shown and described in Exhibit "A" attached hereto and made a part of hereof; and all references made in this Agreement to PROPERTY shall refer specifically to DEVELOPER'S PROPERTY described in Exhibit "A" attached; and WHEREAS, DEVELOPER and OWNER desire to procure water service or sewage disposal service or both from the CITY for the PROPERTY; and WHEREAS, the parties desire to enter into an agreement settings, forth the mutual understandings and undertakings regarding the fur- nishing of said water and sewer services for the PROPERTY; and WHEREAS, this Agreement and all stipulations and covenants made herein are acknowledged to be subject to the approval of every County, Regional, State and Federal regulatory agency having jurisdiction of the subject Matter of this Agreement. WHEREAS, CITY has received proof of payment by DEVELOPER of any portion of contribution -in -aid -of -construction charges owed to third „�- isrties, and which is attached as Exhibit "B"; WHEREAS, the City Council has approved this Agreement and has authorized the proper city officials to execute this Agreement by mo- tion passed at a regular City Council meeting on , 198_, E: taKln9s cz L_iii 411U 1IL `L1VYLtt Q11U V411CL yVUU P iu VG1Ual11C %:Ullbl(; ations, these parties venant and agree with eac,t,,,)ther as follows: PART I. DEFINITIONS rQ A. The term DEVELOPER shall this Agreement who has an ownership interest fee simple? X_ YES or the interest is best described as refer to the Contracting Party in interest in the PROPERTY. Is that NO. If no, then the nature of 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 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 •► � •I•vTF3iFii�.I •� 1. DEVELOPER, at his expense and at no expense to the City, shall design, construct and install all necessary water distribution and sewage collection lines, over, through, under, across and past the PROPERTY in accordance with plans, specifications and engineering data as submitted by a Florida registered engineer to be approved by the appropriate governmental regulatory agencies and by the City Engineer, or his authorized representative; and said water distribution and sew- age collection lines shall be installed and connected to CITY's exist- ing water distribution and sewage collection lines, all of which work shall be paid for by the DEVELOPER. 2. All installations shall be installed at DEVELOPER's expense and shall include, without limitation, all gravity flow mains, force mains, pump stations and lift stations required for the furnish- ing of service to the PROPERTY. At the time of submission of the plans, specifications and engineering data by DEVELOPER to the City Engineer, IF THIS AGREEMENT IS FOR TEN (10) OR MORE ERC'S, DEVELOPER shall pay to CITY a Plan Review Fee of $500.00 (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. 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. 4.01419) :1440 to). r 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. 2 �!r W CA i..0 i1iE4 r� ••`�' r•• .rw 1 r, � ..r � �. �+ 4 ._ L...� L start of each phase c construction. D LgITIENTAppgOVAL CITY, 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 Eng- ineer or his authorized representative. E. , During construction and at the time when periodic inspectipns 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 is specifications. F . COMELIANCE WITH AEPLICARI,t LAJ'S The work to be performed by DEVELOPER, pursuant to the provi- sions 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. G.AS-BUILT-b-BAWINGS 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. 0 3 The contri 'ition charges (both wate and sewer) shall be calculated accordinc-,-,;o rates set by Resolution•..,f 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 B-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 EPC's per building and the number of meters and meter sixes. 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: Residential... t Units x ERC's Per Unit @$ Per ERC Non -Residential..# ,22--ERC 's @ -Per ERC Total ERC's ,2,�- (WATER) Residential... 1 Units X ERC's Per Unit @$ Per EEC Non -Residential..# ?i77 ERG's @ S97_,5_Per ERC Total ERC's (SEWER) The DEVELOPER has paid to the CITY the sum of Three Thousand Eight Hundred ,venty -Five And no 00 for contribution charges. THE CONTRIBUTION'CHARGES ARE DUE AT THE TIME THIS AGREEMEINT IS APPROVED BY CITY COUNCIL. I. GUAua>'. 1. DEVELOPER shall pay to the City, GUARANTEED REVENUES when due, At the rates in effect when dug, as amended from time to time. GUARANTEED REVENUE is equal to the minimum service availability charge for water and sewer service. GUARANTEED REVENUES are due and payable • monthly. 2. The payment of GUARANTEED REVENUES required by this Agreement shall commence six (6) months after the effective date of this Agreement. $as a Plat for the property been recorded with Broward County OYES _NO. If NO, then GUARANTEED REVENUES commence one (1) year after the effective date of this Agreement. GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to the PROPERTY unless otherwise specified by this Agreement. 3. GUARANTEED REVENUE, if initiated, shall no longer accrue for a unit when metered water and sewer service is established at a particular building and the required customer deposits are paid to the CITY. However, if accounts are open in the DEVELOPER's name and closed without a new account being established, the GUARANTEED REVENUES shall resume. 4. The parties acknowledge the GUARANTEED REVENUE payments made by the DEVELOPER shall be considered as revenue (income). J. vBE In addition to all other obligations of this Agreement,, DE- VELOPOR may be required by the CITY to make modifications to the CITY's water and sewage systems because of the development's impact on the systems. The modifications are set forth in Exhibit "E" and they shall be performed by DEVELOPER prior to the issuance of the first Certifi- to Cate of Occupancy, unless otherwise provided in this Agreement. ON c�. v 4 M E M 0 ; Legibility of writing typing or printing unsatisfactory, Is this document when. microfiimed. 1\. iti i 1- Nl rI.-_. _.��i, ✓- I _- NVi 1.t. Ltt LLltli..lui 1. If any pa-*,nnent of GUARANTEED REVENt,*YS 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. Ed, 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. The site plan for the property is voidable by Resolution 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. L> 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. �� 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 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 supply- ing 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 fix- tures 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. 2. Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER's right, title and interest in and to all of the water and sewer supply lines, mains, pumps, connections, pipes, valves, meters and equipment installed up to and within granted easements and right-of-way within the PROPERTY and off -site improvements installed for the purpose of supplying water distribution and sewage collection for DEVELOPER'S PROPERTY; and 5 Ch c CO /(`s9.5Z 3. Furnish C ''Y with an AFFIDAVIT that 11 persons, firms or corporations who furni`Vhed labor or materials ueed directly or indi- rectly 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; and 4. Furnish CITY with a satisfactory surety bond or letter of credit in the amount of twenty-five percent (25%) of the cost of the work, in a form acceptable to the CITY, guaranteeing all work installed pursuant to this Agreement against defects in materials, equipment or construction for a period of not less than one (1) year from date of acceptance of same by CITY. PART III. CITY'S OBLIGATIONS A. CTIVE MIUNTENANCE OF SYSTEMS AFTER CERTAIN CQUITIONS 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 t", conditions contained in this par�a raph. The CITY shall reserve ERC'S of water service and a; ERC'S of sewage treatment plant capacity for Developer. B. 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. IMPOSSIRTLTTX TO 2RQ3ZTr)E 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 as1 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- ambles contained at the beginning of this Agreement are true and correct and in addition to them, it is mutually covenated and agreed, as follows; A. In addition to binding DEVELOPER, the provisions of this Agreement shall run with the land and be binding upon and inure to the benefits of successors in title to the PROJECT after this Agreement has been recorded in the Public Records of Broward County, Florida. How- ever, any other assignment or transfer of DEVELOPER's rights and obli- gations is prohibited unless: 1. Assignment shall be done in writing in the same formality as this Agreement. 2. CITY shall be a party of said assignment and shall not ar*rovil of assignment unreasonably. 6 a. 4te—....Lvx4I, e.a14a1L tL.,camil, JJXInicirIiy lIauiL- t0 LL1.1 ioL tl]ep0�l�� terms and conditions *)f this Agreement unless ,signment is made in compliance with this Lnection. CITY agrees to ex&_ute 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 J of Part II herein. B. REPEAL DE�RIQjj_,ASREEMENU 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: CITY shall have the exclusive right to furnish water service and sewage collection service to consumers within the PROPERTY covered by this Agreement. - � 3;Ti7:fifi�i-al��(•i�3�7atf7�:��e3ti��r� 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. CITY shall have the right to promulgate from time to time reasonable rules and regulations relating to the furnishing of water service and sewage collection service to consumers within the PROPERTY encompassed by this Agreement. Such rules and regulations may relate .to, but are not limited to, rates, deposits and connection charges and the right to discontinue services under certain conditions. The water and sewer rates to be charged by CITY to said customers shall be the rates now or hereafter charged to other customers within the area of service of TAMARAC UTILITIES WEST WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and agrees that rates are subject to change at any time by CITY. 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 Unless otherwise specified in this Agreement, this Agreement shall not be binding until fully executed, but once executed, it shall have a retroactive effect commencing from the date of the City Council meeting at which it was approved. 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. r] C) PROPERTY In BE G : ., ala CONDITION C� Each consumer of water service or sewage collection service on DEVELOPER's PROPERTY shall keep all water pipes, service lines, con- nections 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. 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. 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. 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. REMU-ING *4;0:Q%4 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. It is mutually agreed that the from any and all liability for damages if Agreement cannot be fulfilled as a result other governmental or regulatory agency subject matter hereof; and in such event, and void and enforceable by either party DEVELOPER'S PROPERTY for which City cannot 8 CITY shall be held harmless CITY's obligations under this of any ruling or order by any having jurisdiction over the this Agreement shall be null regarding that portion of the perform its obligation. r�-gg`,2 M. POTABLE WATER BACKFLOW AND CROSS CONNECTION CONTROL The purpose of this section is that all commercial water customers comply with the requirements of DER Chapter 17-22 and Chapter 403 of the Florida Statutes. Commercial water customers include all water customers except single- family residences separately metered. Commercial water customers shall comply with this section to accomplish the following: (a) To protect the public water main against actual or potential cross connections and backflow by isolating within the premise or private property contamination or pollution that has occurred or may occur because of some undiscovered or unauthorized cross connection on the premise or private property. (b) To protect the water supply system within the premise or private property against actual or potential cross connections and backflow by requiring such air gaps, vacuum breakers, backflow preventers, reduced pressure principle backflow preventers and special devices as required by this section or other applicable regulations. (c) To eliminate cross connections.to and backflow from any other source of water or process water used for any purpose whatsoever which may jeopardize the safety of the water supply or which may endanger the health and welfare of the general public. (d) To establish a cross connection control and backflow prevention program. PART I. RESPONSIBILITY: The Director of Utilities or his Designee shall . have the authority to protect the public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgment of said Director of Utilities or his Designee, an approved backflow prevention device is required, at the City's water service connection to any customer's premises, for the safety of the water system, the Director of Utilities or his designated agent shall give notice in writing to said customer to install such an approved backflow _ prevention device at each service connection to his premises. The customer shall immediately install such an approved backflow prevention device or devices at his own expense= and failure, refusal or inability on the part of the customer to install said device or devices immediately shall constitute a ground for discontinuing water service to the premises until such device or v devices have been properly installed. PART II. DEFINITIONS: 1) Director of Utilities: The Director of Utilities, or his Designee is invested with the authority and responsibility for the implementation of an effective cross connection control program and for the enforcement of the provisions of this section. 2) Approved: Accepted by the.Director of Utilities or his Designee as meeting an applicable specification stated or cited in this section as suitable for the proposed use. g Revised 21�2/85 t� - e 9 a ss- 14r '%r 3) Auxiliary Water Su pl : Any water supply on or available to the premises other than the purveyor's approved public water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural sources such as a well, spring, river, stream, harbor, etc., or "used waters" or "industrial fluids." These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which the water purveyor does riot have sanitary control. 4) Backflow: The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system from any source or sources other than its intended source. 5) Backsiphona e: The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system. 6) Back Pressure: Backflow caused by a pump, elevated tank, boiler or means that could create pressure within the system greater than the supply pressure. 7) Backflow Preventer: A device or means designed to prevent backflow approved by AWWA, ASSE and Director of Utilities. (a) Air -Gap: The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level of said vessel. An approved air -gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel; and, in no case, less than one (1") inch. when an air -gap is used at the service connection to prevent the contamination or Pollution of the public potable water system, an emergency bypass shall be installed around the air -gap system and an approved reduced pressure principle device shall be installed in the bypass system. (b) Reduced Pressure Principle Device: An assembly of two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shut-off valves on either side of the check valves, plus Properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognised and City approved testing agency for backflow Prevention assemblies. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure of the public water supply side of the device. At cessation of normal flow the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. when the inlet pressure is two (2) pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved these devices must be readily accessible for in -line maintenance and testing, and be installed in a location where no part of the device will be submerged. - 10 - Revised 2/,22/85 ?� Yea L� (c) Double Check Valve Assembly: An assembly of two independently operating approved check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of a recognized and City approved testing agent! for backflow prevention devices. To be approved, these devices must be readily accessible for in -line maintenance and testing.' (d) Dual Check Valve: WATTS Model NU-7Z1 4E-r._._ three-quarter (3/4") and U722 one (1") pipe. Bronze construction, two compact acetyl resin check modules, with bun& "N" seals. Must be tested and certified to meet or exceed the provisions of A.S.S.E. Std. 1024-"Dual Check Valve Type Back Flo Preventers." Both check modules can be removed and checked independently. R) Contamination: Means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease. 9) Cross Connection: Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other non -potable water or industrial fluids of questionable safety, through which, or because of which, backflow may occur into the potable water system. A watipr wwrvIce connection between a public potable water distribution system and a customer's water distribution system which is cross -connected to a contaminated fixture, industrial fluid system or with a potentially contaminated supply or auxiliary water system constitutes one type of cross connection. Other types'of cross connection include connectors such as swing connections, removable sections, four-way valves, spools, dummy sections of pipe, swivel or change -over devices, sliding multiport tube, solid connections, etc. 10) Cross Connections - Controlled: A connection between a potable water system and a non -potable water system with an approved backflow prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard. 11) Cross Connection Control bx Containment: The installation of an approved backflow prevention device at the water service connection to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross connections within the customer's water systems or, it shall mean the installation of an approved backflow prevention device on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross connections which cannot be effectively eliminated or controlled at the point of cross connection. 12) The customer's system shall include those parts of the facilities beyond the termination of the water purveyor's system which are utilized in conveying potable water to points of use. v C C* Revised 2/ 2,2/65 e F8-aSS 0 11 13) Hazard, Degree of: The term is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system. (a) Hazard Health: Any condition, device or practice in the water supply system and its operation which creates, or in the judgment of the Director of Utilities or his Designees may create a danger to the health .and well --being of the water consumer. v (b) hazard - Plumbing: A plumbing type cross connection,in a consumer's potable water system that has not been properly protected by a vacuum breaker, air -gap separation or backflow prevention device. [Unprotected plumbing type cross connections are considered.to be a health hazard. (c) Hazard - Pollutional: An actual or potential threat to the physical properties of the water system or to the potability of the public or consumer's potable water system which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health. (d) Hazard - Systems An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system. 14) Industrial Fluids Systems: Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated waters: all types of process waters and "used waters" originating from the public potable water system which may have deteriorated in sanitary quality: chemicals in fluid form; plating acids and alkalines, circulating cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances: contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquids and gaseous fluids used in industrial or other purposes or for fire -fighting purposes. 15) Pollution: Means the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which adversely and unreasonably affects such water usage under existing Federal and State Clean Water Acts. 16) Water - Potable: recognised Federal and State consumption. - 12 Any water which, according to Standards is safe for human w Revised 2/22/85 re-8:Y12S5 .14W 17) Water - Nonpotable: Water which is not safe for human consumption or which is of questionable potability under Federal and State standards. 18) Water Purveyor: The term water purveyor shall mean the owner or operator of the public potable water system supplying an approved water suppl��i►_the public. 19) Water - service Connections: The terminal end of a service connection from the public potable water system, i.e., where the Water Purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream and of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's water system. Service connection shall also include temporary water service connections from fire hydrants and all other temporary or emergency water service connections from the public potable water system. 20) Water Purveyor's System: (a) Shall consist of the source facilities and the distribution system: and v shall include all those facilities of the water system under the complete control of the. Utility, up to the point where the customer's system begins --the service connection. (b) The source shall include all components of the facilities utilized in the production, treatment, storage and delivery of water to the distribution system. (c) The distribution system shall include the network of conduits, storage facilities, pumping apparatus, and any additional points of authorized utility chemical treatment (injection facilities), used for the delivery of water from the source to the customer's system -the service connection. 21) Water - Used: Any water supplied by a Water Purveyor from a public potable water system to a consumer's water system after it has passed through the point of delivery service connection and is no longer under the sanitary control of the Water Purveyor. PART III. REQUIREMENTS, 1) Water System; (a) The water system shall be considered as made up of two parts: The Water Purveyor and the Customer System. 1b) Water Purveyor's System shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the Utility, up to the point where the customer's system begins --the service connection. (c) The source shall include all components of the facilities utilised in the production, treatment, storage and delivery of water to the distribution system. .- 13 . - d ars -a GM Cr% Revised 2/22./as R W aS- (d) The distribution system shall include the network of conduits, storage facilities, pumping apparatus, and any additional points of authorized utility chemical treatment (injection facilities), used for the delivery of water from the source to the customer's system --the service connection. (e) The customer's system shall include those parts of the facilities beyond the termination of the water purveyor system which are utilized in conveying potable water to points of use. 2) policy: (a) No water service connection to any premises shall be installed or maintained by t2.e Water purveyor unless the water supply is protected as required by State laws and regulation and this "Section." Service of water to any premises shall be discontinued by the Water Purveyor if a backflow prevention device required by this "Section" is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, bypassed, or if an unprotected cross connection exists on the premises. Service will not be restored until such r conditions or defects are corrected. (b) The commercial customer's system should be open for inspection at all reasonable times to authorized representatives of the Water Department to determine whether cross connections or other structural or sanitary hazards, including violations of these regulations, exist. water service may be discontinued if a violation of this section exists on the premises, and such other precautionary measures may be taken as are deemed necessary to eliminate any danger to the potable water. water service shall not be restored until the danger has been eliminated in • compliance with the provisions of this section. Cc) An approved backflow prevention device shall also be installed on each service line to a customer's water system at or near the property line or immediately inside the building being serviced; but, in all cases, before the first branch line leading off the service line wherever the following conditions exist: 1) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the Director of Utilities or his Designee, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. 2) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential•bazard to the public water system, the public system shall be protected against backflow from the premises by installing aa�eothedegreeofhazard. the service line app Pi This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration in quality. .. 14 - Revised 2/22/85 C 3) In the case of premises having (1) internal cross connections that cannot be permanently corrected and controlled, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility System which have been subject to deterioration in quality. (d) The type of protective device required under part III, 2)(c) 1), 2) and 3) shall depend upon the degree of hazard which exists as follows: 1) The case of any premises where there is an auxiliary water supply as stated in subsection 2)(c)l) of this section, and it is not subject to any Of the following rules, the public water system shall be protected by an approved air -gap separation or an approved reduced pressure principle backflow prevention device. 2) In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system shall be protected by an approved double check valve assembly. 3) In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air -gap separation or an approved reduced pressure principle backflow prevention device. Example of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants. 4) In the case of any premises where there are "uncontrolled" cross connections, either actual or potential, the public water system shall be protected by an approved backflow prevention device at the service connection as determined appropriate by the Director of Utilities. 5) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in -plant cross connection survey, the public water System shall be protected against backflow from the premises by the installation of a backflow prevention device in the service line. In this case, maximum protection will be required: that is, an approved air -gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises. Revised 2/22/85 K- 0S-aSs (a) Any backflow prevention device required herein shall be a model and size approved by the Director of Utilities for the City of Tamarac, or his Designee. The term "Approved Backflow Prevention Device" shall mean a device that has been manufactured in full conformance with the standards established by the American Water Works Association entitled: "AWWA C506-Latest Edition Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices," the standards set forth by the Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California established by: "Specification of Backflow Prevention Devices - 669-2 dated March 1969," or the most current revised standards of such Association and Foundation as are from time to time promulgated. (f) It shall be the duty of the customer -user at any premise where backflow prevention devices are installed to have certified inspections and operational tests made at least once per year. In those instances where the Director of Utilities or his Designee deems the hazard to be great enough, he may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the representative, by City of Tamarac Utilities Personnel or by a certified tester approved by the Director of Utilities or his Designee. It shall be the duty of the Director of Utilities or his Designee to see that these timely tests are made. Th-e customer -user shall notify the Director of Utilities or his Designee in advance whin the tests are to be undertaken so that he or his representative may witness . the tests if it is so desired. These devices shall be repaired, overhauled or replaced at the expense of the customer -user whenever such devices are found to be defective. Records of such tests, repairs and overhaul shall be kept and copies sent to City of Tamarac Utilities Department. (g) Nothing herein shall relieve the consumer of the responsibility for conducting, or causing to be conducted, periodic surveys of water use practices on his premises to determine where there are actual or potential cross connections in the Consumer's water system through which contaminants or pollutants could flow back into a public water system or a potable consumer's water system. PART IV. PENALTIES FOR VIOLATIONS: Any observed violation of this section, subject to the degree of hazard in the opinion of the Utility Director, shall subject the consumer to the immedate turnoff of water to protect the health, welfare and safety of the citizenry and other consumers utilizing the public potable water distribution system to which such consumer is connected, until violator has fully complied with the terms of this Section and provided appropriate protective devices to assure the control of any potential cross connection or backflow, and shall otherwise subject said violator after due notice to be promptly enjoined from connection to its public potable water distribution system, and to pay all costs and attorneys' fees incurred by the City in relation to such injunctive relief. Any violator otherwise deemed guilty of a violation of this Section shall subject himself to a fine of upwards to $500 per day for each day of such continuing violation. Revised 2/22/85 PART VI. NOTICE r�gy-?SA 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: t City Manager 5811 Northwest 68th Avenue Lawrence Properties Group Tamarac, Florida 33321 2050 Collier Avenue Ft. Mayers, Fla. 33901 Notice so addressed and sent by prepared 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. EXHTATTS 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 Con tribution Charge Included Not Included X EXHIBIT "C" - A copy of the site plan of the PROPERTY reduced to B-1/2-inch by 14-inch page size. . EXHIBIT "D" - A listing for the PROPERTY indicating the number of buildings to be built, 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 W - 17 - ' qmp e - g S a SS V 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: ATTEST: . CITY MANAGER ATTEST: CITY CLERK WI NES .1� WITNESS WITNESS WITNESS WITNES CL L� WITNESS C1 THE CITY OF TAFJ: RAC By MAYOR DATE By CITY MANAGER DATE: Approved as to B DEVELOPER By DATE —/ o A5 cn MORTGAGEE (If Applicable) Al A DATE: OWNER DATE J a / 5' v J J' a �s STATE OF FLORIDA ) ) SS: COUNTY OF HILLSHOROUGH) Before me personally appeared Llo d Lawrence to me well known and known to me to be the person(s) described in and w*-,o executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official Beal, this 21 day of June_ D. 19. No a y Public St&L& of Florida at Large My commission expires: December 23, 1985 STATE OF FLORIDA ) ) SS: COUNTY OF BROWARP ) Before me personally appeared to me well known and known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. . WITNESS my hand and official seal, this __.. day of A.D. 19 —. • Notary Public State of Florida at Large a!r My commission expires: pn CD STATE OF FLORIDA )' SS: ., COUNTY OF BROWARD ) Before me personally appeared c.n rya to me well known and known to me to be the person(s) described in and who exectuted the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of A.D. 19 My commission expires: Notary Public State of Florida at Large C� - 1.9 - u I do hereby affirm that I am the of and that I have executed a water and sewer Developer's Agreement with the City of Tamarac fo,--J1 t'll�CxC�,,, � c/�-� project and that I am 0 the 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. v FURTHER AFFIANT SAYETH NOT. 1 (Si n t e) This day of, 198 4/ STATE OF FLORIDA ) COUNTY OF�' ) SS: Before me personally appeared. '.,� '-� nk to me well known and known to me to be the person wkYo executed he foregoing instrument acknowledge to and before me that,, - A, executed said document for the purpose therein expressed. WITNESS my hand and official seal this day of Notary Pbblic of State of Florida at Large My commission expires: My commission expires October 17,198L -z0- nuucc 0 �i SWIM! Oct =•'ts .fiR!! !i � � _= i t £i�t��-$ �.! to 1: Fz el r rll :9j111 b1 AN �.fit ~ R000e� rtk IV. w 70'" � s eer: • r rj C� -0 rn rt,0V 0— to eae• 2M O rw A I R O 1_tia �_MY� \ 'Ln. -,,'..MIL I . STREET rrr _�.-1..,... wf��lAB RVAD f 110'll/• �r:1•Asnl wYi.l r,lerMu a•aewe . w.r.r __,,,^ --_„•'MEDIA/__ cn 4 C. LaRlblfl! tisfsctnrin is roFrltnPd. IL =_ F - :H ! f: I"QNAB ROAD SITE Development ConSultints. 1, LAWRENCE PROPERTY. GROUP, INC. civil fno.neei o I plann,no P Lana sii•vrvina ,,,..., � TAMARAC FLORIDA ��:.M., �ti.,,;�0.1..a.IM........,. E Y,�4&1T "Ci 1. S h I CIA N Tp- I rq AT -F+v",g A AC R- 99-a EXIH= "Do' NUMBER OF BUILDINGS ONE BUILDING NUMBER OF ERC's 21 NUMBER OF METERS ONE METER SIZE ONE INCH co WORM IN THE OFFICIAL RECORDS 800K "O'VARD COLINTY, F1,0101A Cn L.A. PrQ-v cn 7 1 171;4