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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-112TR#11441 July 11, 2008 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008-J& A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A SECOND AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH WESTPOINT BUSINESS PARK, II, LLC., FOR THE WESTPOINT iPLAZA PROJECT, LOCATED AT WEST COMMERCIAL BLVD. & HIATUS ROAD, REQUIRING AN ADDITIONAL 4 ERC'S FOR WATER AND AN ADDITIONAL 4 ERC'S FOR SEWER; REQUIRING AN ADDITIONAL PAYMENT OF $6,800.00 FOR WATER AND $8,800.00 FOR SEWER; REQUIRING A TOTAL ADDITIONAL PAYMENT OF $15,600.00 IN CIAC FEES; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, WestPoint Business Park II, LLC., have constructed the WestPoint Plaza Project, located at West Commercial Blvd. & Hiatus Road (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, WestPoint Business Park II, LLC., have offered a Second Amendment To The Water and Sewer Developer's Agreement to the City of Tamarac for the WestPoint Plaza Project, as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); and WHEREAS, the Second Amendment To The Water and Sewer Developer's Agreement requires the addition of 4 ERC's for water and 4 ERC's for sewer; requiring an additional payment of $6,800.00 for water and $8,800.00 for sewer; requiring a total additional payment of $15,600.00 in CIAC fees; and WHEREAS, it is the recommendation of the Director of Public Works and the Director of Utilities that the Second Amendment To The Water and Sewer Developer's TR#11441 July 11, 2008 Page 2 of 3 Agreement be approved, executed and the payment of the CIAC fees required for the WestPoint Plaza Project be accepted; 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 Second Amendment To The Water and Sewer Developer's Agreement with WestPoint Business Park II, LLC., for the WestPoint Plaza Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: ECTION 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: The appropriate City Officials are hereby authorized to accept and execute a Second Amendment To The Water and Sewer Developer's Agreement (a copy of which is attached hereto as "Exhibit 2") with WestPoint Business Park II, LLC., for the WestPoint Plaza Project, located at West Commercial Blvd & Hiatus Road. SECTION 3: The City will collect an additional $15,600.00 in contribution charges prior to the issuance of the final Engineering Certification. SECTION 4: The City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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 TR#11441 July 11, 2008 Page 3 of 3 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this. day of , 2008. 6w BETH FLANSBAUM-TALABISCO MAYOR ATTEST: - -MARIOR SWENSON, CMC - CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. G EN CITY ATTO Y 1 RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABI CO DIST 1: COMM PORTNER A DIST 2: COMM ATKINS-GRAD ./ DIST 3: V/M SULTANOF 46e DIST 4: COMM. DRESSLER Ll CITY OF TAMARAC PUBLIC VOW DEPARTMENT ENGINEERING DIVISION w E SECOND AMENDMENT TO THE s. s s8 WAFER AND SEWER DEVELOPER'S AGREEMENT TR#71441 Temp. Reso. No.11441 Scale: N.T.S SHEET 1 OF 1 _..... .... ..... w T❑SHIBA QW BUSINESS lc:) . S❑LUTI❑NS N. GRAND DUK PUBLIC FIRE S E C. Q Q I SERVICES (/) Z N. PLUM BAY PK ~' J Q 1-4 STATION COMPLEX Q J Z RED HEART Lp 0 0 KEYES Q ci w w COVERAGE ' Ld S. GRA 3 D DUKE L.� STATE STREET RBANKS 'SLER/ DGE BASS TI TI WESTP❑INT DISTRIBUTI❑N CENTRE 1 MAYORS IE WELERS YOR MPLAZA S❑NNYS Ly C❑MMUNITY d ENTERPRISES CHRISTIANJ o GOLD CHURCH C❑NVERGYS Q © COAST = Q ❑FFICE REAL BUILDING ESTATE Q WEST POINT PLAZA SUNRISE COMMERCIAL B l___ V B \\\ a M❑BIL �-jk0=4S•Ze_r0Wz Damon ft at.. M&&. 07r4/• WEST POINT PLAZA „�...,,t a»: EXHIBIT 1 Dw Q,&; j" I. 0mcia. O' CITY OF TAMARAC, BROWARD COUNTY, FLORIDA rL No. 5w SEC. 7, TWP. 49, RGE. 41 SECOND AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT FOR: WESTPOINT PLAZA (Name of Development) Exhibit "2" TR#11441 This AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 88t" Avenue, Tamarac, Florida 33321, hereafter call "CITY" and WestPoint Business Park II LLC having an address at 6820 Lyons Technology Circle, Suite 100 Coconut _Creek., FL 33073, hereinafter called "DEVELOPER" WITNESSETH : 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 October 10, 2007, said agreement recorded on O.R. Book 44764 Page 518 of the Public Records of Broward County, and; WHEREAS, the parties desire to modify certain terms contained in that Agreement. The Second Amendment to the Water and Sewer Developer's Agreement establishes an increase of 4 ERC's for water and sewer. The new increase will modify the usage from 12 ERC's to 16 ERC's for water and from 14 ERC's to 18 ERC's for sewer. This addition also establishes a new water meter schedule (attached as Exhibit "D"). The new Contribution In Aid of Construction (CIAO) Fees and Equivalent Residential Connections (ERC's) are listed below: 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: 981208 1 Amendment to Water and Sewer Developer's Agreemenr 1. Part II (H) of the Developer's Agreement is amended to read as follows: CONTRIBUTION (WATER) ORIGINAL CONTRIBUTION: 10.5 Non -Residential ERC's @ $1,700.00 Per ERC = $17,850,00 FIRST AMENDMENT CONTRIBUTION: 1.55 Non -Residential ERC INCREASE @ $1,700.00 Per ERC = 2 550.00 SECOND AMENDMENT CONTRIBUTION: 4 Non -Residential ERC INCREASE @ $1,700.00 Per ERC 6 800.00 SUBTOTALS: ERC'S = 16 CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: WATER CIAC FEE = $27,200.00 12.5 Non -Residential ERC's @ $1,800.00 Per ERC = $27,500.00 FIRST AMENDMENT CONTRIBUTION: 1.5 Non -Residential ERC INCREASE @ $2,200.00 Per ERC = $3,300.00 SECOND AMENDMENT CONTRIBUTION: 4-Non-Residential ERC INCREASE @ $1,800.00 Per ERC = $8,800.00 SUBTOTALS: ERC'S = 18 981208 SEWER CIAC FEE _ $39,600.00 K TOTAL CIAC FEE = $66,800.00 Amendment to Water and Sewer Developer's Agreement 2. Part III (A) of the Developer's Agreement is amended to read as follows: PART III. CITY'S OBLIGATION A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS When, at no cost to CITY, (1) the water distribution and sewage collection systems have been satisfactorily installed, inspected, tested and approved and certified in writing by the DEVELOPER's engineer, together with the Director of Utilities, 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 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 4 ERC's of water service and 4 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. 981208 3 Amendment to Water and Sewer Developer's Agreement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: y: Mari6n__Swenson',CMC -City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Beth Flansbaum-Talabisco Mayor Date: By: Jeffrey L. iller City Manager Date: Approve as to form: By: 0 _7 ca jp. Sa uel S. Goreff SS City Attorney COUNTY OF 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 �.$131�DSF%Y �.17iittto me known to be the personi(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. 20 08' WITNESS my hand and official seal this day of , ( Personally known to me, or ( ) Produced identification (� take an oath, or _2� 497 NOTARY PUBLIC, State Florida at Large NOTARY PUBLIC -STATE OF FLORIDA """• Ntricia A. Tedel .•_: Commission # DD684007 '•.�'.•. Expires: AUG. 25, 2011 BONDED MU ATLANTIC BONDING Co,. ING (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ) DID NOT take an oath 981208 4 Amendment to Water and Sewer Developer's Agreement Iv IN WITNESS WHEREOF, Owner has hereunto set his hand and seal year first above written. / 1, Witness Type Name o(404- Witness Type Name /Z% I —tm � T STATE OF FLORIDA SS COUNTY OF (OWNER) KeC n Type Nam Type Name/Title the day and usiness Park II 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 � l&rrrf to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that A executed the same. WITNESS my hand and official seal this 2'q day of , 20 OS . \'Okk%1111111111 y1, �J b�,hA\5SIQ(VF�,'• O y� tm +.�. • err �� (Name of Notary Public: Print, Stamp, or type as Commissioned) ( -� Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or 981208 5 ) DID NOT take an oath. Amendment to Water and Sewer Developers Agreement IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Y� Type Name 7-03-cPq Uut A"4 (Corporate Seal) STATE OF FLORIDA COUNTY OF ?d7VW94-4; S5 Wachovia Bank MOR(f pplicabie) By:P/4" Type Na e 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 Ate.+ P.P hJ4 If 2 to me known to be the person(s) described in and who executed the foregoing - instrument and ate acknowledged before me and under oath that. Gw executed tin same. WITNESS my hand and official seal this 2- 6 — day of , 20(29,. "%w,, Oksana Smirnova l.= Commission # OD376142 %AvExpires December 1 2008 ewded troy Fain - Imwwror. Me. M"&- 01® 0 Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large ksariha Smirnova (Na Ilt DR�I'4$ amp, or ty r on �r 1, 4% ewded Troy F M0. lOa9Eb7019 Type of I.D. Produced ( ) DID take and oath, or ( ) DID NOT take an oath. 981208 fel Amendment to Water and Sewer Developer's Agreement 2ND AMENDMENT_ TO THE WATER AND SEWER DEVELOPERS AGREEMENT DEVELOPMENT: WESTPOINT PLAZA - (EXHIBIT "D") ORIGINAL METER SCHEDULE USAGE NO. OF METERS METER SIZE # OF ERC's WATER CIAC FEES SEWER CIAC FEES TOTAL WATER SEWER Starbucks 1 5/81, 1 1 $1,700.00 $2,200.00 $3,900.00 Rotelli 1 1" 2.5 2.5 $4,250.00 $5,500.00 $9,750.00 Subway 1 5/8" 1 1 $1,700.00 $2,200.00 $3,900,00 Fed -Ex Kinko 1 5/8" 1 1 $1,700.00 $2,200.00 $3,900.00 1 5/81, 1 1 $1,700.00 $2,200.00 $3,900.00 1 5/8" 1 1 $1,700.00 $2,200.00 $3,900.00 1 5/8" 1 1 $1,700.00 $2,200.00 $3,900.00 1 5/8" 1 1 $1,700.00 $2,200.00 $3,900.00 Out -Parcel 1 5/8" 1 1 $1,700.00 $2,200.00 $3,900.00 Dumpster Connections 2 $4,400.00 $4,400.00 TOTAL g & 8 5/8" 10.5 12.5 $17, 850.00 $27, 500.00 45, 350.00 FIRST AMENDMENT METER SCHEDULE USAGE NO. OF METERS METER SIZE # OF ERC's WATER CIAC FEES SEWER CIAC FEES TOTAL WATER SEWER Solantic 1 1" 1.5 1.5 $2,550.00 $3,300.00 $5,850.00 TOTAL 1 1" 1 1.5 1.5 $2,550.00 $3,300.00 1 $5,850.00 SECOND AMENDMENT METER SCHEDULE USAGE NO. OF METERS METER SIZE # OF ERC's WATER CIAC FEES SEWER CIAC FEES TOTAL WATER SEWER Starbucks 1 1-1/2" 4 4 $6,800.00 $8,800.00 $15,600.00 TOTAL 1 1-1/2" 1 4 4 1 $6,800.00 1 $8,800.00 1 $15,600.00 *A 5/8" meter which equals 1 ERC was originally dedicated to Starbucks for the WestPoint Plaza Project. Starbucks is requesting an upgrade to a 1-1/2" meter which equals 5 ERC's. WestPoint Plaza will receive a credit for (1) ERC and only be charged the difference of (4) ERC's for the upgrade. TOTAL ERC'S OF AMENDMENT (Water) 4 (Sewer) 4 *TOTAL AMOUNT DUE: $15,600.00 TOTAL COMBINED ERC'S (Water) 16 (Sewer) 18 TOTAL AMOUNT CIAC FEES PAID AFTER AMENDMENT: $ 66,800.00 981208 7 WestPoint Plaza Second AMEND TO WSDA.doc u 2 DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = 2 ERC'S (SEWER) TOTAL ERC'S 16 (Water) 18 (Sewer) THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: 25 FT. — QTY. (1) _ AT 4" DIAMETER N/A AT 8" DIAMETER 15 FT. — QTY. (1) AT 6" DIAMETER N/A AT 2" DIAMETER SERVED BY WASTEWATER PUMP STATION NO. 47 16 ERC'S : 3.33 SITE ACRES = 4.80 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. SEAL P.E. # Am -Midi a 11E11g TYPE: DAME INC . 981208 g WestPoint Plaza Second AMEND TO WSDA.doc