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
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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
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WATER AND SEWER DEVELOPER'S AGREEMENT
TR#11411
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... 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
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V �paer 13, , A, •;
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(\/) 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