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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-190C CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-19_Q Temp. Reso. #11045 September 25, 2006 Page 1 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 8400 MCNAB LLC., FOR THE GOLFVIEW TOWNHOMES PROJECT, LOCATED AT 8400 MCNAB ROAD, REQUIRING PAYMENT OF $22,400.00 IN CIAC FEES; ERC'S; 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. 1 WHEREAS, 8400 McNab, LLC., have constructed the Golfview Townhomes Project, located at 8400 McNab Road (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, 8400 McNab, LLC., have offered a First Amendment To The Water and Sewer Developer's Agreement to the City of Tamarac for the Golfview Townhomes 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 payment of $22,400.00 in CIAC fees as required by Resolution No. R-98-136; and 1 Temp. Reso. #11045 September 25, 2006 Page 2 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 Agreement be approved, executed and the payment of the CIAC fees required for the Golfview Townhomes 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 8400 McNab, LLC., for the Golfview Townhomes 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 8400 McNab, LLC., for the Golfview Townhomes Project, located at 8400 McNab Road. SECTION 3: The City will collect $22,400.00 in contribution charges prior to 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 1 J 1 Temp. Reso. #11045 September 25, 2006 Page 3 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 Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this W+ day of OCfy, 2006. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. KMUEL S. C CITY ATTO BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: VIM PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Job No.11045 CITY OF TAMARAC SccVA: NT.s N PURUC WORn DEPARTMENT "� "" ENau�R[NG DUMON SHEET 1 OF 1 w �. E sa 7 st AMENDMENT TO THE WATER s AND SEWER DEVELOPER'S AGREEMENT TR#77045 i W W U W W W W qq S. w w W �= SCW W w +Rp AL PALM wy w W PAL T CIR �����NCO �+ I S. -1-GpWS W w LA RESERVE W SIL 45 773 CD � jT MA/RAC W HE W Ci 94 SS Li PAL CT a 01*11- �O TR75 w A W /fiir�/RAJ w w > w TR70 0 W rw w 7 '7 73 ST J w7.r/W` 4N rrrr RO MENTALLY r w TR69 W 6 W W w40DMONT wJ r r r -err W � ST � W � ,-. TAM 73 ^' r M w W W W UNIV. 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BROWARD CDUNTY, FLORIDA SEC. Y. 1WP. 40. ROL 41 FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: Golfview Townhomes (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 call "CITY" and 8400 McNab LLC having an address at 210 N. Coconut Ln., Miami Beach, FL 3319, 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 January 25, 2006, said agreement recorded on O.R. Book 71 Page 18 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. Part II (H) of the Developer's Agreement is amended to read as follows: CONTRIBUTION (WATER) ORIGINAL CONTRIBUTION: 12 Non -Residential ERC's @ $1,400.00 Per ERC = $16,800.00 FIRST AMENDMENT CONTRIBUTION: 5 Non -Residential ERC REDUCTION SUBTOTALS: ERC'S = 7 WATER CIAC FEE = $9,800.00 CONTRIBUTION SEWER 981208 1 Amendment to Water and Sewer Developer's Agreement ORIGINAL CONTRIBUTION: 12 Non -Residential ERC's @ $1,800.00 Per ERC = $21,600.00 FIRST AMENDMENT CONTRIBUTION: 5 Non -Residential ERC REDUCTION SUBTOTALS: ERC'S = 7 SEWER CIAC FEE = $12, 600.00 TOTAL CIAC FEE = $22,400.00 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 7 ERC's of water service and 7 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: 981208 2 Amendment to Water and Sewer Developer's Agreement .ATTEST Marion Swenson, 6MC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: "--`' ;�"Sn Beth Flansbaum-Talabisco Mayor ate: 1011 11Ola y. Jeffrey L. IM ill City Manager Date: j011 I lab Ap)'uel ed as to form: By Sa S. or SS City Attorney COUNTY OF Pj. 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 hfbnsborrijAwMillepo me known to be the person(s) described in and who executed the foregoing ilistrument and acknowledged before me and under oath that 46e4 executed the same. WITNESS my hand and official seal this �_ day of oc tlbef' , 20LL. J NO ARY PUBLIC, State of Florida at Large My Gpmmwswo D0260M "� ExpiMS actOW 24, 2007 A/ w (Name of Notary Public: Print, Stamp, ( ✓) Personally known to me, or or Type as Commissioned) ( ) Produced identification / 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 OWNER 8400 McNab, LLC By: Type ame .Ba_�_ 9CO�la@LU.,, President (Corporate Seal) STATE OF FLORIDA SS COUNTY OF I HEREBY CERTI Y that on this day, before me, an Officer duly authorized in the State of ,said and fn th C ur�ty aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that T& executed the same. 20 OWITNESS my hand and official seal this day of , Notary Public State of Florida Mara 0 Rua My Commission pD441218 ry Fxp, a, 0710912009 ( ) Personally known to me, or (�) Produced Identification NO ARY PUBLIC a aVLarge . /. w (Name of Nota,6 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. (OWNER) 981208 4 Amendment to Water and Sewer Developer's Agreement ATTEST: By: _ �` ) Type Name -, Ze,1 Z &C- Al0 /- Corporate Secretary ,, c 1. G �V,/ (Corporate Seal) STATE OF FLORIDA SS COUNTY OF k..� MORTGAGEE (If Applicable) Pa merican Bank By: Type Nam4?J' � PF8Gide0` Sf -^t b � V I +R- /4,7 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afore aid and in th County aforesaid to take acknowledgments, personally appeared /� Abe/ to me known "to be the person(s) described in and who executed t oregoing instrument and acknowledged before me and under oath that executed Pe same. WITNESS my hand and official seal this day of 200�. MARY PROVENZANO prir •. ' My, OMMISSION f< 00476024 EXPIRES'. Sept.29,2009 Bonded Thru Notary Public Underwrilors ( )) Personally known to me, of (✓) Produced Identification ( ) DID take and oath, or ( ) ,I NOTARY qUBL , Stat of Florida at Laol (Name of Notary Public: Print, Stamp, or type as Commissioned) f4L-,DL- Type of I.D. Produced DID NOT take an oath. AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE 981208 5 Amendment to Water and Sewer Developer's Agreement i EXHIBIT "D" FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPERS AGREEMENT DEVELOPMENT: GOLFVIEW TOWNHOMES ORIGINAL METER SCHEDULE USAGE NO. OF METERS METER SIZE # OF ERC's WATER CIAC FEES SEWER CIAC FEES TOTAL WATER I SEWER DOMESTIC 12 5/8" 12 12 $16,800 $21,600.00 $38,400.00 TOTAL 12 5/8" 12 12 $16,800 $21,600.00 $38,400.00 FIRST AMENDMENT METER SCHEDULE USAGE NO. OF METERS METER SIZE # OF ERC's WATER CIAC FEES SEWER CIAC FEES TOTAL WATER SEWER DOMESTIC 7 5/81, 7 7 $9,800.00 $12,600.00 $22,400.00 TOTAL 7 5/8" 7 7 $9,800.00 $12,600.00 $22,400.00 TOTAL ERC'S OF AMENDMENT (Water) 7 (Sewer) 7 TOTAL AMOUNT DUE: $22,400.00 TOTAL COMBINED ERC'S (Water) 12 (Sewer) 12 TOTAL AMOUNT CIAC FEES PAID AFTER AMENDMENT: $ 22,400.00 981208 6 Golfview_First_AMEND_TO_WSDA[l ] THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 6" DIAMETER AT 8" DIAMETER AT _ DIAMETER SERVED BY WASTEWATER PUMP STATION NO. 23 12 ERC'S - 1.29 SITE ACRES = 9.30 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. TYPE NAME 981208 6 Golfview First AMEND TO WSDA.doc