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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-082TR11411 May 29, 2008 Revision 1 — June 5, 2008 Page 1 of 3 CITY OF TAMARAC, FLORIDA 019 RESOLUTION NO. R-2008- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH WESTPOINT BUSINESS PARK, II, LLC., FOR THE WESTPOINT PLAZA PROJECT, LOCATED AT WEST COMMERCIAL BLVD. & HIATUS ROAD, REQUIRING AN ADDITIONAL 1.5 ERC'S FOR WATER AND AN ADDITIONAL 1.5 ERC'S FOR SEWER; REQUIRING AN ADDITIONAL PAYMENT OF $2,5%00 FOR WATER AND $3,300.00 FOR SEWER; REQUIRING A TOTAL ADDITIONAL PAYMENT OF $5,850.00 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 First 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 First Amendment To The Water and Sewer Developer's Agreement requires the addition of 1.5 ERC's for water and 1.5 ERC's for sewer; requiring an additional payment of $2,550.00 for water and $3,300.00 for sewer; requiring a total additional payment of $5,850.00 in CIAC fees; WHEREAS, it is the recommendation of the Director of Public Works and the Director of Utilities that the First Amendment To The Water and Sewer Developer's TR11411 May 29, 2008 Revision 1 -- June 5, 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 First Amendment To The Water and Sewer Developer's Agreement with WestPoint Business Park 11, LLC., for the WestPoint Plaza Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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: The appropriate City Officials are hereby authorized to accept and execute a First 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 $5,850.00 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 application, it shall not affect the validity of the remaining portions or applications of this 1 1 1 111111z"Elil n 1 May 29, 2008 Revision 1 — June 5, 2008 Page 3 of 3 Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. r PASSED, ADOPTED AND APPROVED this i day of , 11: ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. l;a SA,�.,MUEL S. GOREN VITY ATTORNEY l "A �- BETH FLANSBAUM-TALABISCO 8 F.Ayie7:4 RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PORTNER��B' DIST 2: COMM ATKINS-GRA DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER d YZE 1 v FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT TR#11411 rLHLt TAMARAC 1299 LAND TRUST MSK PLAT ARCH AURUFIN ALUMINUM II CITY FURNITURE 67 ST SUN BELT ASSOCIATES & PRECISION ARCH ALUMINUM CULLIGAN TAMARAC SUN -SENTINEL BUSINESS PARK T❑SHIBA BUSINESS SOLUTIONS PUBLIC LAND SEC, FIRE SERVICES Z ¢ STATION COMPLEX 7 LLI Z ❑ � p KEYES w w COVERAGE 3 � 3 i I 0 1 FAIRBANKS WESTP❑INT MAYORS W CHRYSLER/ DISTRIBUTI❑N JEWELERS a ' DODGE CENTRE I YORS MPLAZA S❑NNYS C❑MMUNITY ENTERPRISES CHRISTIAN. 5 I GOLD CHURCH 3 SA WGRASS C❑NVERGYS COAST INFINITI ❑FFICE REAL BUILDING ESTATE WkST POINT PLAZA SUNRISE 67 CT 67 ST Y v y 66 > 66 CT Y y� ST w n 96 w 66 1 ST 65 CT y 9, ¢w 0 ��� •Y .Y �4 L �v Y } a 3 F C1 N. GRAND DUKE C. W a N. PLUM BAY PKWY a ooe Q._._._. 4 C) uj J RED HEART LN 3 '�` A i u Q zu J a J w Q 32 S. GRAND = U N u 7 DUKE C. W. PLJM HARBE - - ........ ... .... _.. r f a F STC FERC CC M❑BIL ° Data, ��� WEST POINT PLAZA D� aw tzlr' Dr.: off/lam ... Da„ EXHIBIT 1 AXWO"d 8. Dom. JOIMI I. OOIIFRTY PL CITY OF TAMARAC, BROWARD COUNTY, FLORIDA rL MD. 55 SEC. 7, TWP. 49, RGE. 41 FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: WESTPOINT PLAZA (Name of Development) Exhibit "2" TR#11411 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 First Amendment to the Water and Sewer Developer's Agreement establishes an increase of 1.5 ERC's for water and sewer. The new increase will modify the usage from 10.5 ERC's to 12 ERC's for water and from 12.5 ERC's to 14 ERC's for sewer. This addition also establishes a new water meter schedule (attached as Exhibit "D"). The new Contribution In Aid of Construction (CIAC) 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: 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 981208 1 Amendment to Water and Sewer Developer's Agreement SUBTOTALS: ERC'S = 12 WATER CIAC FEE = $20,400.00 CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: 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 SUBTOTALS: ERC'S = 14 SEWER CIAC FEE = $30,800.00 TOTAL CIAC FEE = $51,200.00 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 1.5 ERC's of water service and 1.5 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. 981208 2 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: ACCEPTED BY CITY OF T_AMARAC GRANTEE , By: Beth Flansbaum-Talabisco Mayor r� Date: ATTEST: By: C' - Jeffrey LAMilldr By : !� �, �C r �,- ,.._. City Manager Marion Swenson, CIVIC City Clerk Dater Approv as to form: By....si STATE OF FLORIDA `,:'Samuel! S. Goren, 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 �,� �,uc+7b�TNi9u�i_'�rK�f3rsc� to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and t executed the same. under oath t6a WITNESS my hand and official seal this -day of 20oT. ( Personally known to me, or ( ) Produced identification -......_may ,.. L,.-- NOTARY PYBL C State of rida at Large OTARY P'[ LIC-STATE O FI,ORIDA Patricia A. Tetzfel _i Commission#DDb84007 Expires: AUG. 25, 2011 BONuen 1URU ATLANTIC BONDING CO., INC. (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. 981208 3 Amendment to Water and Sewer Developer's Agreement IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Names Corporate Secretary (Corporate Seal) STATE OF FLORIDA 5S COUNTY OF OWNER WestPoiftt Business Park I III;, LLC . By: Type Name President 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 to me known to be the person(s) described in and who executed the foregoing instrument any: acknowledged before me and under oath that �;�. _ executed the same. WITNESS my hand and official seal this 2- day of 4, 20 K 6111 p1.17 �yNE ROG,F� o�M15S10/v O V �paer 13, , A, •; U4 Qii 9N s ;• #DD 700449 ;► i 'q' rr h�tlPltJtltl t��p{Va,,,¢¢ rrOC�p`t JAr►lllllltlll (\/) Personally known to me, or ( ) Produced Identification NOTW at Large BLIC, Stye o�Florida (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 4 Amendment to Water and sewer Developer's Agreement IN WITNESS WHEREOF, Owner has hereunto set his hand and, eal on -the day and year first above written. (OWNER) WestPoint Business Park1�'. M. ��• ��y'1^ � /1;T / .Y {:"fir• ' A ' _.... l S Witness Type Name/Title Type Name Witness Type Name Type Name/Title STATE OF FLORIDA SS 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 kA_fg6 wL,1_ /',, vTTKArZ-9 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. WITNESS my hand and official seal this Z. day of 20_OS. r',11111NIllll/rr1 NNE RDG� CI.......... . S• ,40ssio,90s, ber 13 7(J0449 ? ► •- ��9 _ �' �'ided thN • •Q e ( O'Personally known to me, or ( ) Produced Identification BLIC, State,< f Piprida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 4 Amendment to Water and Sewer Developer's Agreement IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. . �P , ; .I Type Name Corporate Secretary ' (Corporate Seal) STATE OF FLORIDA 630 COUNTY OF ra_ti MORTGAGEE (If Applicable) Type Name -Tr -' 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 acknowledgments, personally appeared i' c (' ij `7 �k, i--4 _ to me known to be the person(s) described in and who executed the foregoing instrument and'y��k acknowledged before me and under oath that executed the same. 2Q ,yA WITNESS my hand and official seal this day of� Sus" CIMTIS "mm Pwm - sm* of FW110 My Cpnift" Erpk" Fob K 201 " 0.t Cgmmimoon t OD 15"02 ( "-YPersonally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ( ) DID NOT take an oath. 981208 5 Amendment to Water and Sewer Developer's Agreement FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPERS AGREEMENT DEVELOPMENT: WESTPOINT PLAZA ORIGINAL METER SCHEDULE USAGE NO. OF METERS METER SIZE # OF ERC's WATER CIAC FEES SEWER CIAC FEES TOTAL WATER SEWER Starbucks 1 5/8" 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 5/8" 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 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 9 (1) 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" 1.5 1.5 $2,550.00 $3,300.00 $5,850.00 *A 5/8" meter which equals 1 ERC was originally dedicated to the Out -Parcel for the WestPoint Plaza Project The new tenant Solantic is requesting a 1" meter which equals 2.5 ERC's. WestPoint Plaza will receive a credit for (1) ERC and only be charged the difference of (1.5) ERC's for the upgrade. TOTAL ERC'S OF AMENDMENT (Water) 1.55 (Sewer) 1_5 *TOTAL AMOUNT DUE: $5,850.00 TOTAL COMBINED ERC'S (Water) 12 (Sewer) 14 TOTAL AMOUNT CIAC FEES PAID AFTER AMENDMENT: $ 51,200.00 981208 6 WestPoint Plaza First AMEND TO WSDA.doc W 2DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = 2 ERC'S (SEWER) TOTAL ERC'S 12 (Water) 14 (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 12 ERC'S : 3.33 SITE ACRES = 3.60 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. # TYPE NAME 981208 6 WestPoint Plaza First AMEND TO WSDA.doc