HomeMy WebLinkAboutCity of Tamarac Resolution R-97-045Temp. Reso. #7524 August 27, 1996 1
CITY OF TAMARAC
RESOLUTION NO. R-97 4 $
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
SECOND AMENDMENT TO THE WATER AND SEWER
DEVELOPER'S AGREEMENT WITH MISALA, INC., FOR THE
TAMARAC SQUARE WEST PROJECT LOCATED ON THE
NORTHWEST CORNER OF MCNAB ROAD AND PINE
ISLAND ROAD REVISING EXHIBIT D AND COLLECT
ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT
OF $19,285.00 FOR 7 ERC'S OF WATER AND 7 ERC'S OF
SEWER; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Misala, Inc., developer of the Tamarac Square West Project located
on the northwest corner of McNab road and Pine Island Road (attached hereto in map form
as "Exhibit 1") executed a Water and Sewer Developer's Agreement on December 6,
1982; and
WHEREAS, the Engineer for Misala Inc., has since determined and certified that
two 1-1/2" meters are required for the Florida Kidney Center and has revised "Exhibit D"
of the Water and Sewer Developer's Agreement to reflect this change; and
WHEREAS, the change in the meters resulted in a change of Equivalent Residential
Connections (ERC's) from 128.6 to 135.6 resulting in additional Contribution In Aid of
Construction (CIAC) charges totaling $19,285.00; and
Temp. Reso. #7524 August 27, 1996 2
WHEREAS, it is the recommendation of the Director of Utilities that this Second
Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac
and Misala, Inc., for the Tamarac Square West 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 execute a Second Amendment to the Water and Sewer
Developer's Agreement from Misala Inc., and collect the additional contribution charges
in the amount of $19,285.00 for the Tamarac Square West Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1i 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 Second Amendment to the Water and Sewer Developer's Agreement with
Misala Inc., for Tamarac Square West Project (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.
Temp. Reso. #7524 August 27, 1996 3
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
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 y2 day of , 1997.
LAR Y MISHKIN µ
VICE MAYOR
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I h-,
ap ed this RESOLUTION
tfor.A. _n /
MITCHEIIL S.
CITY ATTO1
Utilities/dav/aml
RECORD OF COMMISSION VOTE
MAYOR
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EXHIBIT 1
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BOARDWALK APTS.
SECOND AMENDMENT TO THE TSWWSDA, DWG
WATER AND SEWER DEVELOPER'S AGREEMENT
FOR TAMARAC SQUARE WEST
-Y-a
lecQndW AMENDMENT
Tn WATER AND SEWER
D=LOPER' S AgzREEMFNT
FOR:-'amaxac Square W—g t
(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 Misala, Inc.,,,„
having an address at _3195_.. 1 EQwerline Road, Suitg ..104,Pompano
Beach, Florida 33062 , 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 December_6. 1985 said
agreement recorded on O.R. Book_.IQ915 Page 86 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:
CONTRIBUTION (WATER)
ORIGINAL CONTRIBUTION:
Non -Residential ERC's = 128.6 @ $595.00 per ERC=176A57.54
FIRST AMENDMENT CONTRIBUTION:
Non -Residential ERC's = Q @ $595.00 per ERC = $ - 0 -_
SECOND AMENDMENT CONTRIBUTION:
Non -Residential ERC's = 7 @ $1,205.00 per ERC
SUBTOTALS: ERC's = _135.6 WATER CIAC FEE = $ 84,892.5Q
0 KTDNEYC.WPD 1 950928
r�
��-L{-�-
-1`LL�,,.., ,_DUMPSTER (S ) CONNECTED TO SEWER
@ 1 ERC EACH = ERC'S (SEWER)
TOTAL ERC'S 135.6- _r(Water) 135.6 (Sewer)
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER
- 4 - __AT 6" DIAMETER
1---.,.. _ AT 8" DIAMETER
AT DIAMETER
I HEREBY CERTIFY THAT THE NEW NON-RESIDENTIAL WATER METERS FOR THE
FLORIDA KIDNEY CENTER LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF
THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE. THE ERC VALUE
FOR THE FLORIDA KIDNEY CENTER HAS BEEN DETERMINED BY THE AVERAGE DAILY
USAGE FOR 30 MONTHS AT THE PREVIOUS LOCATION,
11
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SEAL
062595
9- 9?-ys
CONTRIBUTJ( N (SEWER)
• ORIGINAL CONTRIBUTION:
Non -Residential ERC's = 128.6_ @ $1.045.00 per ERC = $ 134.387.00
FIRST AMENDMENT CONTRIBUTION:
Non -Residential ERC's = _. _0 @ $1,424.00 per ERC = $ -0-
SECOND AMENDMENT CONTRIBUTION:
Non -Residential ERC's = 7 @ $1.550.00 per ERC
SUBTOTALS: ERC's = 135,E SEWER CIAC FEE = $_ 145.21Z90
TOTAL CIAC FEE =$ 230129.50
LESS AMOUNT PREVIOUSLY PAID = $ 210,844.00
AMOUNT OWED = $19,296 QI-
* It is agreed that the City will review the Water Usage from
time to time for the Florida Kidney Center. If water usage
exceeds the amount allotted by the ERC's, then the Florida
Kidney Center will pay the difference of the impact fees and
monthly service availability to the City.
2. Paragraph III (A) of the Developer's Agreement is amended
to read as follows:
PART III. CITY'S OBLIGATION
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. However, the CITY will only be
responsible for the maintenance of the sewer collection system
from manhole to manhole and up to the first cleanout of the
service lateral within the granted easements and the CITY will
only be
0 KIDNEXC.WPD
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P ,77-` t;
responsible for the maintenance of the water distribution up to
the meter, fire hydrant, or fireline service within the granted
easements. 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 135.6 _ERC's of water service
and_125.6 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.
•
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950928
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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:
�
ATTEST-
. S.
By: n ,
Robert S. Noe, Jr.,
City Manager
By:
Carol A. Evans,
City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANTS
�. Z
By:
LARRY IISHKIN
VICE MAYOR
Date: March Lam, 1997 ..,_
BY: S--
Robert S. Noe, Jr.,
City Manager
Date: March 12,�1997
r w EN- INW-11MA 1JM
NMEMM-5
STATE OF FLORIDA: Mitcuell S. dlfi-,
SS ty Attorney
COUNTY OF Broward.
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 appearedL Mishkin Vice Mayor)
and Robert S. Noe, Jr. (Cty M537)me known to be the persons)
described in and who executed the foregoing instrument and they
acknowledged before me and under oath that they executed the
same.
WITNESS my hand and official
g 7
OFFICIAL NOTARY SEAL
O !i PNYLLIS POLIKOFF
2 r * COMMISSION NUMBER
CC390392
F �d MY COMMISSION EXP.
o' FVc SEPT 23 1998
()1 Personally known to me, or
seal this 12 day of
Cw &4&�
NOTARY PUBLIC, Sta of Florida
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (X ) DID NOT take an oath.
KIDNEYC. WPD
4
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the
1pday and year first written.
ATTEST- BRENNER REAL ESTATE GROUP AS
AGE I (/'•
B B y : /
e ame 14y NoroXi:LZ Type Name LLOYD C. BERGER
Corporate Secretary VICE—PRESIDENT
(Corporate Seal)
•
1�1
STATE OF FLORIDA
5S
COUNTY OF itQ�,Z�
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and
in the Cou ty foresaid to take
acknowledgments, personal appeared
L
to me known to
be the person(s) ibed in and who
eyXcuted the foregoing
instrument and /fL acknowledged before me and under oath that
executed the same.
sr
TNESS my hand and official se
is & yk, of PHYLLIS �'�'LAS
1994
;+P.�'' MY COMMISSIOI iWIRES
=a rs October 20, ; J96
; ? BONDED THW"OUGH
b AN INSURANCE. ZER\VICZ�3
PHYLLIS A7LAS
N ARY PUBLIC, State of Florida
F`' n MY COMMISSION EXP?RES
at Large
October 20, 1996
r +� BONDED THROUGH
n
cr r`AIAN INSURANCE SERVICES
L'
CC 237328
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
/
( ✓J Personally know to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( .,J"� DID NOT take an oath.
KIDNEYC.WPD
�1
062595
S
r-1
19
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on
the day and year first above written
ATTEST: MORTGAGEE (If Applicable)
By: By:
Type Name Type Name
Corporate Secretary President
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF ,
I HEREBY CERTIFY that on thi day, before me, an officer duly
authorized in the State aforesai and in the County aforesaid to take
acknowledgments, personally app red
to me known to
be the person(s) described in nd who executed the foregoing
instrument and ackno edged before me and under oath that
executed the same.
WITNESS my hand and fficial seal this day of
199
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( ) Personally know to me, or
( ) Produced dentification
Type of I.D. Produced
( ) DID tak an oath, or ( ) DID NOT take an oath.
0 KIDNEYC.WPD 6 062595
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A
I BRENNER REAL „EaT TE GROUP do hereby affirm that they are the
RROPERTY MANAGER of :CAMARAQ SQUARE WEST, QWNF_Q_al MISALA, INC.,
and that we have executed a Water and Sewer Developer's Agreement with
the City of Tamarac for the TAMARAC_SQUARE WEST. project and that
Brenner Real Estate Group is the property manager 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,
17-- _
This day of✓�-�/ _ �, 199
STATE OF FLORIDA
SS
COUNTY OF � 40LV ")
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and he Cou ty aforesaid to take
in
acknowledgments, personally appeared C'. k
to me known to be the person(s)
described in and who executed the foregoing instrument and,,
acknowledged before me and under oath that �_ executed the same.
PF�'�L? !S ATLAS
ITNESS my hand and official se this I day of •+ ;IONXP1RE5
199 += Odobar 20, 1996
yr•?;? BONDED THROUGH
=i 0?+ AN INSURANCE SERVICCS
TAR PUBLIC, State of Florida " "
at Large �ea3�3�8
eL LI 5 �` S
(Nameof 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 ( wf DID NOT take an oath.
WSDAAMEI(m/c)
7
960626
4
QESCRIPTIOti _ P-arcel "A"
A portion o! tho FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2
Of Section Township 49 South. Rance 41 Eaat.
Piet Book 1,•Paas 107 of the Public Records of Palasm Berecorded in
ach County,
Florida, described as follow*:
COMMENCE at =hs Southeast corner of said Section 5; thence North
` 88059110- West (on an assumed bearing), along the South line of
said Section 5, a distance of 753.16 fort! thence North OOolo,O5--
We4t. .along the Easterly right-of-way line and its Southerly
oxtention, of that certain 100,00 foot wide canal as described
in Official Records Book 6450. Page 668 of the Public Records of
Broward County. Florida. a distance of 55.01 feet to an
intersection with a line 55.00 fort North of, and parallel with
:the said Scuth line of Section 5 and the. POINT OF BEGINNING;
r thence continue' North OOo.O'O:," West. q distance of 29.45 {sat thence
to the point of curvature of a curve concave to the West)
Northerly along the arc of said curve, having a radius of 1thence
feet- 0 central angle of 36057'30", an arc distance of 1062.39
feet. the last two (2) described course* being coincident with
said Easterly canal right-of-way line; thence North 52052,25
East, along a radial line to the following described curve
concave to the West. a distance of 700.00 foot; thence Southerly
along the arc of said curve, being coincident with the Westerly
right-cf-way line of Pine Island Road (A/K/A Northwest 88th
Avenue) as described In
the Public Recordsecordsoff Official Records Book 4747. Page 183 of
e radius of 2347,00 Broward County, Florida, said curve having
distance of feet, a control angle of 24045'41", an arc
1014.30 feet= thence South 04028'40" East. a distance
of 200.0p zest to an intersection with a curve concave to the
West, a radial line through said intersection bears North
82031.00- East; thence Southerly along the are of said curve,
being 19.0<# feet West of and concentric with right-of-way of acid Westerly
Pine Island Road. said curve having a radius of
2328.00 feet, a central angle of 07018'55"o on, arc distance of
297.23 feet to the point of tangantyse
nc-PIEast. along a line 19.00 feet West of, andparallelh withOsaid
westerly rsvht-of-way line, a distance of 2.77 feet, thence South
45025'23" West. along the chord of a curve having a radius of
33.00 feet, said curve being tangent, to the last described course
and also being tangent to the following described course, a
distance of 50.01 feet; thence North 88059.10- West, 60.00 feet North of, along a line
and parallel with the said South line of
Section 5, a distance of 300.00 feet; thence South 89034'53"
West. a distance of 200.00 feet: thence North 88059.10- West,
along a line 55.00 feet North of, and parallel with sold South
I
ine of Section 5, a distance of 145.37 feet to the POINT OF
BEGINNING.
Said lands. situate, lying and being in the City of Toaarec.
Broward County, Florida, and containing 915.880 square foot or
21.026 acres, more or lose.
I. This is not a Sketch of Survey but only ■ graphic 44Rpiction
Of the lands described hereon, and in no ,way reflects actual
field measurements or location. ,
I herebycertify that r
y this SKETCH end LEGAL. DESCRIPTION is true
and correct to the best of my knowledge and belief and Nests the
Minimum Technical Standards for Land Surveying in the State of
Florida as set forth in Chapter 21HH-6 of
ADMINISTRATIVE CODE. the FLORIDA
DARBY AND WAY, INC.
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EXHIBIT D
Tamarac Water and Sewer Develreement
Development: TAMARAL5DUAREWEST
METER SCHEDIJLE FOR NON-RESIDENTIAL
Original Agreement
# OF
ERC' S
SIZE OF
WATER,WSDA
A
6
8.70
8.70
5/8"
Original
B
1
1.45
1.45
5/8"
Original
C
11
15.95
15.95
5/8"
Original
D
1
5.35
5.35
1"
Original
E
11
15.95
15.95
5/8"
Original
F
1
1.45
1.45
5/8"
Original
G
16
23.20
23.20
5/8"
Original
H
1
5.35
5.35
1"
Original
1
10
14.50
14.50
5/8"
Original
1-4
4
5.80
5.80
5/8"
Original
5-6
2
30.90
30.90
2"
Original
TOTAL
86
128.6
128.6
ORIGINAL AGREEMENT DATE: 12/6/85
i
KIDNEYC.WPD
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062595
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EXHIBIT D
Tamarac Water and Sewer Develo eA '_S Agri went
Development: TAMAR_,kC_ SQUARE W6LF S j
First Amendment to Agreement
BLULDING NUMBER __
# OF
_ - Ua�JTS,
WATER
ERCS
SEWER___
SIZE OF
_METERS_
_ SDA
A
5
7.25
7.25
5/8"
1 st Amend.
C
6
8.70
8.70
5/8"
1 st Amend.
E
6
8.70
8.70
5/8"
1 st Amend.
1
5.35
5.35
1"
1 st Amend.
F
1
1.45
1.45
5/8"
1 st Amend.
G
12
17.40
17.40
5/8"
1 st Amend.
1
5.35
5.35
1"
1st Amend.
J
4
5.40
5.40
5/8"
1 st Amend.
SCOTTY
1
5.35
5.35
1"
1st Amend.
YARD KING
1
1.45
1.45
5/8"
1 st Amend.
5.35
5.35
1"
1st Amend.
WALGREENS
1
5.35
5.35
1"
1 st Amend.
OUTPARCELS
# 1
1
5.35
5.3 5
1"
1 st Amend.
WENDY'S
1
5.35
5.35
1"
1st Amend.
GOODYEAR TIRES
1
5.35
5.35
1"
1 st Amend.
NINO'S
1
5.35
5.35
1"
Ist Amend.
#5
1
5.35
5.35
1"
1 st Amend.
NOT ASSIGNED
4
21.45
21.45
1 "
1 st Amend.
2
2.90
2.90
5/8"
1 st Amend.
TOTAL
50
128.6
128.6
FIRST AMENDMENT DATE: 9/3/87
KXDNEYC.WPD 9
062595
EXHIBIT D
lamarac Eater and Sewer v 1 reem
Development: TAMARAC SQUARE WEST
Second Amendment to Agreement
# OF ERC' S SIZE OF
BUILDING NUMBER „ „UNITS WATER SE)U MEURS, WSDA
A
5
7.25
7.25
5/8"
Existing
C
6
8.70
8.70
5/8"
Existing
E
6
8.70
8.70
5/8"
Existing.
1
5.35
5.35
1"
Existing
F
1
1.45
1.45
5/8"
Existing
G
(12)
(17.40)
(17.40)
5/8"
Previous*
1
5.35
5.35
1"
Existing
7
12.40
12.40
5/8"
Revised
2
12.50
12.50
11/Z"
New*
SCOTTY(I)
4
5.40
5.40
1"
Existing*
YARD KING (D)
1
5.35
5.35
5/8"
Existing
1
1.45
1.45
1 "
Existing
WALGREENS(B)
5.35
5.35
1"
OUTPARCELS
1
5.35
5.35
Existing
#1 (Vacant Lot)
1"
WENDY'S
1
5.35
5.35
1"
Existing
GOODYEAR TIRES
1
5.35
5.35
1"
Existing
New China
1
5.35
5.35
1"
Existing
95
1
5.35
5.35
1"
Existing
NOT ASSIGNED
1
5.35
5.35
Existing
1"
4.
21.45
21.45
5/8"
Existing
2
2.90
290
Existing.
TOTAL
52
135.6
135.6
SECOND AMENDMENT DATE: NEW
*Building G meter schedule was changed. 5 of the former 5/8" meters were credited towards the
new two 1-1/2" meters for the Florida Kidney Center and were credited at todays value
KIDNEYC.WPD 10 062595