HomeMy WebLinkAboutCity of Tamarac Resolution R-96-029Temp. Reso. # 7281
CITY OF TAMARAC
RESOLUTION NO. R-96 - a 1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST
AMENDMENT TO THE WATER AND SEWER DEVELOPERS
AGREEMENT WITH LENNAR HOMES, INC. FOR WELDON
PHASE 2 (RECREATION CENTER) WATER AND SEWER
FACILITIES AND COLLECT ADDITIONAL CONTRIBUTION
CHARGES IN THE AMOUNT OF $6,887.50 FOR 5 ERC'S OF
WATER AND 5 ERC'S OF SEWER; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Lennar Homes, Incorporated, developer of the Weldon Phase 2
(Recreation Center) Project located north of NW 77 Street and east of NW 96 Avenue
(shown in map form as "Exhibit 1 ") executed a Water and Sewer Developers Agreement
on June 14, 1995 with an "Exhibit D" requiring a 1" water meter; and
WHEREAS, the Engineer for Lennar Homes, Inc. has since determined and certified
that a 1-1/2" water meter is needed and has revised "Exhibit D" of the Water and Sewer
Developers Agreement to reflect this change; and
WHEREAS, the change in the water meter size from 1" to 1-1/2" has resulted in a
change of Equivalent Residential Connections (ERC's) from 2.5 to 5 resulting in additional
Contribution In Aid of Construction (CIAC) charges totaling $6,887.50; and
WHEREAS, the developer has agreed to pay these additional charges upon
adoption of this resolution; and
i
Temp. Reso. # 7281
WHEREAS, the First Amendment to the Water and Sewer Developers Agreement
establishes new ERC's and the payment of CIAC Fees in accordance with City Resolution
No. R-94-210; and
WHEREAS, it is the recommendation of the Utilities Director that this First
Amendment to the Water and Sewer Developers Agreement between the City of Tamarac
and Lennar Homes, Inc. for the Weldon Phase 2 (Recreational Center) be approved and
executed; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept and execute
a First Amendment to the Water and Sewer Developers Agreement from Lennar Homes,
Inc. and collect the additional contribution charges in the amount of $6,887.50 for the
Weldon Phase 2 (Recreation Center) project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this resolution.
SECTION 2-, That the appropriate City Officials are hereby authorized to accept
and execute a First Amendment to the Water and Sewer Developers Agreement with
Lennar Homes Inc. for Weldon Phase 2 (Recreation Center) (attached hereto as "Exhibit
2")
SECTION 3- That the City Clerk is hereby authorized and directed to record said
agreement in the public records of Broward County.
2
1
1
Temp. Reso. # 7281
5ECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of F Ir OLN- S1,
1996.
NORMAN ABRAMOWITZ
MAYOR -
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
-mnnermpkmA +hie RFCrII I ITWIM 7e
CITY ATTORNEY
Utilities/7281 res/rmc
3
MAYOR
DIST. 1:
DIST. 2:
DIST. 3:
DIST. 4:
RECORD' OF COMMISSION VOTE
le - � 6 -,2 �
1st_ AMENDMENT
TO WATER AND SEWER
VEL ER' AGREEMENT
FOR: W 2 (Recreation en
(Name of Development)
THIS AMENDMENT TO AGREEMENT, made and entered into and
between the City of Tamarac, 7525 Northwest 88th Avenue, Tamarac,
Florida, 33321, hereafter called "CITY" and nn m Inc.
having an address at 7600 Nob Hill Road, Tamarac,Florida 3 1
, hereinafter called "DEVELOPER"
W I T N E S S E T H:
WHEREAS, CITY and DEVELOPER entered into a Water and Sewer
Developer's Agreement for the property described in Exhibit A
attached hereto and made a part of on aune 14 ---o'-19-95.
said agreement recorded on O.R. Book 24101 Page876of the
Public Records of Broward County, and;
WHEREAS, the parties desire to modify certain terms
contained in that Agreement.
NOW, THEREFORE, in consideration of the mutual covenant and
undertakings of the parties hereto and other good and valuable
considerations, the parties hereto covenant and agree as follows:
1. Paragraph II (H) of the Developer's Agreement is amended to
read as follows:
• _.. 4 1.1810 Flo)\
Residential # 0 Units X ERC's Per Unit @ $1,205.QO Per
ERC Non --Residential # - ERC's @ $1, 20�. QQ Per ERC
Total ERC's � (WATER) Total Contribution $ $6.025.00
me 0 No a qu wo)
residential # Q_ Units X ERC's Per Unit @ $1 550.00 Per
ERC Non -Residential # ._ 5---. ERC's @ $1"55U,00 Per ERC
Total ERC's 5 (SEWER) Total Contribution $.,S 7,750_.00_
WSDAAMEN 1 950928
Total amount of contribution charges
original agreement and this amendment
Contribution charges previously paid
Contribution charges added by this amendment
that are due at the time this Amendment
is approved by City Commission
$ 13,775.00
$ 6,887.50
6,887.50
2. Paragraph III(A) of the Developer's Agreement
is amended to read as follows:
III. A. r 7r Cvt,F
CERMIN CONDITTOUs
When, at no cost to CITY-, (1) the water distribution
and sewage collection systems have been satisfactorily
installed, inspected, tested and approved and certified in
writing by the DEVELOPER's engineer, together with the Utilities
Director, 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 5 _ ERC's of
water service and 5 ERC's of sewage treatment plant
capacity for DEVELOPER.
3.
All other provisions of the Developer's Agreement are hereby
ratified.
4.
This Amendment shall become effective on the latest date of
execution by a party hereto.
•
•
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below:
Signed, sealed and
delivered in the presence of:
ATTES��j,:
By:
Robert S. Noe, Jr.,
City Manager
ATTEST:
By.
Carol A. Evans,
City Clerk
STATE OF FLORIDA
COUNTY OF Broward
: SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Norman Abramowitz,
Mayor /
Date ;2/0c0 S 2 „
By: ,. S. n
Robert S. Noe, Jr.,
City Manager
Date •
By:
�.-LL.y rsLtu411t-_y
I HEREBY CERTIFY that on this day, before me, an Officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared_}h�2.,�,fx,
��/o�'rrtd.�+t S• to me known to be the person(s) described in and G
who executed t e foregoing instri4ment and acknowledged
before me and under oath that executed the same.
C7
WITNESS my hand and official
199-L.
M
arcs:---aa D;:;:.�sER���a1 i r.xp.1'i3n,f
(vle""Personally known to me, or
( ) Produced identification
seal this U day of
LAI"Zu� /'p-C ')"_
NC5TARY PUBLIC, St a of Florida
at Large
E� ZEE ',_7ACZ_5"
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (�,4 DID NOT take an oath.
3
•
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on
the day and year first above written.
ATTEST:
By:
Type Name Martin L. Riefs
Assistant
Corporate Secretary
(Corhnrate Seal)
Lennar Hcmas, Inc.
OWN
By:
Type Name Michael J. Smolak
Vice President
STATE OF FLORIDA -
COUNTY OF
Broward SS
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Michael J. Smolak and
Martin L. Riefs to me known to
be the person(s) described in and who executed the foregoing
instrument and they _ acknowledged before me and under oath that thmv
executed the same.
WITNESS my hand and official seal this 4 �7 day of
= _October 1 19 95
OMMI SION#CC 4 NOTARY PUBLIC, Stat f Florida
:,.: MY COMMISSION / CC 448567
a EVIFO: March 27, IM at Large
eoneea DM Nfty PupMo Undrxnf m
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( X) Personally know to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (X ) DID NOT take an oath.
►H
r�
•
I Michael J. Smolak do hereby affirm
that I am the Vice President of Tennar Hrnnas�Tnc.
and that I have executed a Water and Sewer Developer's Agreement
with the City of Tamarac for —Weldon Phastm TT (Rp_r-reafinn Center)
project and that I am 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.
STATE OF FLORIDA
COUNTY OF Broward
FURTHER AFFIANTSAYFTHSNOT
L11t
(Si'gaature)
This ,1 w day of October , 199 5 .
SS
I HEREBY CERTIFY that on this day, before me, an Officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared
Michael J. Smolak to me
known to be the person(s) described in and who executed the
foregoing instrument and he acknowledged before me and under
oath that he executed the same.
WITNESS my hand and official seal this day of
Or+nhPr , 19 9 -9 .
ROSE SCHWARTZ
;;;
MY COMMISSION N CC 44OW
x
'fi,R
E)IRES: Me27.1999
Bonded Thm NaMy
„ , ,•,r
Pubk Undwwrbm
( X) Personally know to me, or
( ) Produced identification
NOTARY PUBLIC,St of Florida
at Large
�S r u.)a.-r t7—
(Name of Notary Public: Print,
Stamp,or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (X ) DID NOT take an oath.
5
RVEYORS
DEVELOPMENT
PLANNERS
$191 West Atlantic Blvd. (3055)972-3959 (FAX) 972-4170 Margate, Florida 33063
NOT A SURVEY
(SKETCH & LEGAL)
RECREATION AREA AT
"WELDON"
LEGAL DESCRIPTION
1 I1.\ 1 I'1)Irl ION l �1' PAI(Cla. "�ti O1 'I'l lli I'1_A'I' 13N11'I'1.1.1 "KINDS POINT REPL/1T', A5 ILECORDED
IN I'I.AI. 11(H)K ISh, AT PAGE 1. (W'IIIP PUBLIC RECORDS OF OROWARD COUNTY, FLORIDA. BRING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
l�UhiM! A INS AI' TIM SUUi'IIWI:ST CORNER OF SAID PARCEL 'W TILENCE NORTH OU'46'20"
I.:AS 1'. ALONG 1"1IF WIsSITRLY 110UNDARY OF SAID PARCEL 'W", A DISTANCE OF 710.26 r-110 ;
1"IIIiNI,ai SOU'I II 89'13'40' EAST. A DISTANCE OF 520.50 FEGI' TO THE PoUa OF BEGINNING AND A
i'OIN 1' (IN A CIRCULAR CURVE TO THE LEFT AT W111Ci1'rHE RADIUS POINT BEARS NORTH
17"•11' 12" w p'r, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
232.1X) FI.i1r: AND A CENTRAL ANGLE OF 03"44'08'. A DISTANCE OF 15.13 FEET TO THE POINT OF
REVERSE CURVATURE OF'A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND
SOUTIIEASI'ERLY ALONG TIIE ARC OF SAID CURVE, HAVING A RADIUS OF 130.00 FEET AND A
CENTRAL ANGLE OF 72038'25% A DISTANCE OF 190.17 FEET TO THE POINT OF TANGENCY:
TIIIINCE SOUTH 39 52*55' EAST. A DISTANCE OF 249.04 FEET TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 150.00 FEET AND A CENTRAL ANGLE OF 49.37'47', A
DISTANCE OF 130.80 FEET TO THE POINT OF COMPOUND CURVATURE OF'A CIRCULAR CURVE TO
'rHE RIGHT; THENCE SOUTHERLY AND WBSTERLY ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 25.00 FEET MD A CENTRAL ANGLE OF 106855t08', A DISTANCE OF 46.65 FEET TO THE
POINT OF TANGENCY; THENCE NORTH 62.00'00' WEST, A DISTANCE OF 248.82 FEET TO THE POINT
OF CURVATURE OF A dIRCULAR CURVE TO THE RIGHT; THENCE NORTHWUS•TERLY ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL'ANOLE OF 32-00.00", A
DISTANCE OF 22.69 FEET TO THE POINT OF TANGENCY; THENCE NORTH 10100'00" WEST, A
DISTANCE OF 175.88 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT;
THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF
50.01) FEET AND A CENTRAL ANGLE OF 97.47' 12", A DISTANCE OF 83.33 FEET TO THE POINT OF
REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCS WESTERLY, NORTHERLY,
AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 14.56 FEET AND A
CENTRAL ANGLE OF 180000*001. A DISTANCE OF 45.75 FEET TO THE
SAID LANDS SITUATE IN THE CITY OF TAMARAC. BROWARD COUNTY, FLORIDA. AND CONTAIN
1.437 ACItF.S, MORE OR LESS.
IVO.I.E: BEARINGS ARE BASED ON THE WEST LINE OF SAID PARCEL wvr BEARING NORTH
W946'20' EAS'r, AS SHOWN ON SAID PLAT OF "KINGS POINT REPLAT"
I:IwIY-�.ou�lansnwrl.a1!c.m)r
SIIMMIAH11V b1471
LAST DATE OF FIELD WORK: NOT A SURVEY
SURVEYOR'S CERTIFICATION
1 HEREBY CER"NI FY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH
MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6. FLORIDA
ADMINISTR.?'rIV'r CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID
DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
/;l>61 1
T Otµ M�AS C. SHA.yAN
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION NO. 4387
.16-
REVISED LEGAL DESCRIPTION
ljbfl No_ AR1208J I DW(i. BY. JW • I SCALE N/A • I REQ AHE_ _
Exwerr A
SHEET I of Z
WELDON, CONDOMINIUM
WELDON NEIGHBORHOOD PROPERTY
RECREATION AREA 5 20 100
D-03.44'08"
P.O.B. is R-232.00' 0 10 so
CIIAP141C SCALE 1-.60'
� v
A-15.13'
sg'g,�3 N
N
Q U
ti Y
D- 180.00'00"
= R-14.56'
A-45.75'
a
C)
D-97.47' 12"
R•50.00'
A-85.33'
P.Q.C.:
SW CORNER
PARCEL -W-
`KINGS POINT REPLAT'
(P.18.156. PG.3. B.C.R.)
D-52.00',00'���
R - 25.00'•
A-22.69'
0-;�?. R.,
S so o
CIPAi£q
D-106.55'08"
R-25.00'
A•46.65'
NOTEI ALL IMPROVEMENTS SHOWN ARE PROPOSE.
REVISIONS, DATE BY
:R 2EVISE REC. AREA PER NEW ARCH. PLANS 1-19-94 JP
REVISE REC. AREA PER NEW ARCH. PLANS 8.10-94 DCD
TILE, I,�prvlvcfi�11051%11051eW.ow i
DATE, 19-Ju1-94 00,38
C7
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t-g)vmm A
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N10 No. 8812051 JDWO eye JP _
1, c wn. WFI IN1N CA'D sv,
DATE,
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SHEET 2 OF 2 SHEETS
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EXHIBIT D
•` 1 .I ••\U., C. •\ MEN al a V al
41 � r � •� .� � \
%11
OF OF
SMYJ�7,E USE #-OE UNITSOF METERS METERS
RECREATION
COMPLEX
1 5 5 1 1 1/2"
,,,0 DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = _0 ERC'S (SEWER)
TOTAL ERC'S 5 (Water) 5 _(Sewer)
Page 1 of 2
WSDAAMEN 950928
C�
•
•
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
4" DIAMETER _ 0 AT 8" DIAMETER
4
AT 6" DIAMETER 0 AT , DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. ., - 34
_--_ERC'S 1'487 SITE ACRES =6 ERC'S /SITE ACRE
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE
MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR
THE INTENDED USE.
Philip F. Weiss,
Page 2 of 2
950928
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PHASE 2
WELDON PHASE 0 (RECREATION CENTER) WELDWSDA.DWG
FIRST AMENDMENT TO THE
WATER AND SEWER DEVELOPER'S AGREEMENT