HomeMy WebLinkAboutCity of Tamarac Resolution R-97-254Temp. Reso. #7523 September 18, 1997 1
CITY OF TAMARAC
RESOLUTION NO. R-97��
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE THE FIRST AMENDMENT TO THE WATER AND
SEWER DEVELOPER'S AGREEMENT WITH BEDDING
BARN, INC., FOR THE BEDDING BARN PROJECT
LOCATED AT 8201 WEST COMMERCIAL BOULEVARD
ADDING A ONE INCH IRRIGATION METER AND
ESTABLISHING ADDITIONAL CONTRIBUTION CHARGES
IN THE AMOUNT OF $3,012.50 FOR 2.5 ERC'S OF WATER;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Bedding Barn, Inc., owner of the Bedding Barn Project located 8201
West Commercial Boulevard (attached hereto in map form as "Exhibit 1 ") executed a
Water and Sewer Developer's Agreement on June 11, 1986; and
WHEREAS, the Engineer for Bedding Barn, Inc., has since determined and certified
that a one inch meter is needed for irrigation and has revised "Exhibit D" of the Water and
Sewer Developer's Agreement to reflect this change; and
WHEREAS, the addition of the one inch meter resulted in an increase in Equivalent
Residential Connections (ERC's) resulting in additional Contribution In Aid of Construction
(CIAC) charges totaling $3,012.50; and
WHEREAS, the owner has agreed to pay these additional charges upon adoption
of this resolution; and
Temp. Reso. #7523 September 18, 1997 2
WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement
establishes new ERC's and the payment of CIAC Fees in accordance with City Resolution
No. R-96-212; and
WHEREAS, it is the recommendation of the Director of Utilities that this First
Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac
and Bedding Barn, Inc., for the Bedding Barn Project 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 authorize the
appropriate City Officials to accept and execute a First Amendment to the Water and
Sewer Developer's Agreement from Bedding Barn, Inc., and collect the additional
contribution charges in the amount of $3,012.50 for the Bedding Barn 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 Developer's Agreement (attached
hereto as "Exhibit 2") with Bedding Barn, Inc., for the Bedding Barn Project and collect
additional contribution charges in the amount of $3,012.50.
SECTION 3: That the City Clerk is hereby authorized and directed to record said
agreement in the public records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
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Temp. Reso. #7523 September 18, 1997 3
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 as day of d 11997.
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
TR/dav/aml
' JOE SCHREIBER
MAYOR
RECORD OF COMMISSIO
MAYOR
SCHREIBER
DIST 1:
COMM. McKAYE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST d;..j"0
M. ROBERTS i
VOTE
Temp. Reso. #7523
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COMMERCIAL BLVD,
LOCATION
LAUDERH I LL
THIS SITE
FIRST AMENDMENT TO THE
WATER AND SEWER DEVELOPER'S AGREEMENT
FOR BEDDING BARN
BBWSDA. DWG
FYITTRTT 7
Temp. Reso.#7523
19,5AMENDMENT
TO WATER & SEWER
DEVELOPER'S AGREEMENT
For Bedding Barn
(Name of Development)
THIS AMENDMENT TO AGREEMENT, made and entered into and
between the City of Tamarac, 7525 Northwest 88th Avenue,,
Tamarac, Florida 33321, a municipal corporation of the State
of Florida, hereinafter called "CITY" and
having an address at 5201 tO ci- K rC A I glud TA-MA"G PC -
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 attar�hed hereto and made a part hereof on
-tA nF J-0MC iqF41�
said Agreement recorded in O.R. Book 137G.5 Page '7 J---
of 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:
II. H.
CQNTRIBUTION (WATER)
Residential ... #1$_ Units X NJA_ ERC's Per Unit @$ LZC15 - Per ERC
Non -Residential... # LZ•S ERC's @$C� Per ERC 301a. SO
Total ERC `s a-S (WATER)
CONTRIBU,TIQU (SEWER) N 1A
Residential ... # NJA Units X N113_ ERC's Per Unit @$ 46-Per ERC
Non --Residential.,. # NjA ERC's @$NJA Per ERC
Total ERC `s l (SEWER)
1
•
•
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
Z()%,-� _ 50
2. Paragraph III(A) of the Developer's Agreement
is amended to read as follows:
OF
CERMIN C011MITIONS
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 -c�.5 _ ERC's of
water service and r�•J 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.
W41
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•
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:
A T:
LS. Noe, Jr.,
k
C y Manager
ATTEST:
By:L
Carol A. Evans,
City Clerk
STATE OF FLORIDA
SS
COUNTY OF eROWARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
afo t'd d ' h
ACCEPTED BY -CITY OF TAMARAC
GRANTEE
By:
Joe,SGhreiber
Mays
D 1 c to er 22, 1997
S. Noe, Jr.,
ity Manager
Date: October 22, 1997
in the State
resaan m t e County aforesaid to take acknowledgments, personally appeared
Joe Schreiber & Robert S. Noe Jr. 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 _ the,y executed the same.
WITNESS my hand and official seal this 22 day of October
199 7. '
� OFFICIAL NO ARr sENL NOTARY PUBLIC, Stat Florida
w . Gh PNrl.us POUKOFF
� COMMISSION NUMBER
CC390392
Mr COMMISSION EXP,
SEPT 23 1998
(x4 Personally known to me, or
( ) Produced identification
at Large
Phyllis Polikoff
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (x ) DID NOT take an oath.
3
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on
the day and year first above written.
ATTEST: OWNER
By: - By:
Type Name Richard T. Nesbitt _ Type Name Lawrence B. Crone
Corporate Secretary President
(Corporate Seal)
_STATE OF FLORIDA
SS Boca Raton
COUNTY OF Palm Beach
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 Lawrence B. Crone
to me known to
be the person(1) 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
kA
199-L`.
=Y F OFFICIAL NOTARY SEAL
� 4y��
oa NOT PUBLIC, Sta a of E]arida
BERsApsppAMORrls
ION U6 �at LargeOM<*CC27289MY COMMISSION
Or 5►�7 P 1L ��
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
(�() Personally know to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an
?� oath.
4
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and
seal on the day and year first above written.
ATTEST: y
By: I 7
Type ame Jj ' R
MORTGAGEE 23AIvk a1v I TZ-D
By:
Type Name ((►1 AGL . &V1T%
,,�1tit111111////
Corporate Secretary �D lop�i/l<rGTOiQ �om,4E, C,4L �EgL
J : ••
• j{j
• Y • -I
(Corporate Seal)CQ
CD
7E )(A 5 1141. /ll ;988,,����`�,
STATE OF T-LQR4--
SS
COUNTY OF IS
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
a knowledgment , personally appeared D/
� �alir164C/ L to me known to
be the person(s) I�s�cribed in and who executed the foregoing
instrument and —,M-, acknowledged before me and under oath that !T
executed the same.
ITNESS my hand and official seal this s�?Gz4 day of
199f4_`.
trn xi siiiirrxxiaaxxKA
G74) Personally know to me, or
( ) Produced identification
"< 'Lz�'
NOTARY PUBLIC, State of
at Large
/u-
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
0 ( ) DID take an oath, or (,,4 DID NOT take an oath.
5
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Lot 1, Block 7, less the Southerly 7.00 feet thereof, "LYONS COMMERCIAL
SUBDIVISION", according to the plat thereof, as recorded in Plat Book 69,
Pace 42, of the Public Records of Broward County, Florida. All lying and
being in the City of Tamarac, Broward County, Florida and containing 52,563
souare feet (1.207 acres more or less).
EXHIBIT A
C�
EXHIBIT D
TAMARAC WATER AND SEWER AGREEMENT
DEVELOPMENT b�DDiNr if I W (064M&C �z.I �fvNara C.-
SIZE
BUILDING #
# OF UNITS #OF ERC'S #OF METERS OF METER
TOTAL
METER SCHEDULE FOR NON-RESIDENTIAL USE
SIZE E-RC'S SERVICE USE
Pn
TOTAL ERC'S
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF_FIRE LINES:141f�
►V AT 4" DIAMETER
N AT 6" DIAMETER
AT 8" DIAMETER
AT " DIAMETER
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.
William E. Schioslke,P.E.
ND.W/S/D/AGR
.1/13/88
REV.7/27/90