HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-070Temp. Reso. #10951
April 21, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006--
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 PEPPERJACK
MANAGEMENT, INC., A FLORIDA CORPORATION, FOR
THE CHEDDAR'S CASUAL CAFE PROJECT, LOCATED AT
7951 W COMMERCIAL BLVD, REQUESTING THE ADDITION
OF 2.5 ERC'S FOR $3,500.00 IN CIAO FEES, REQUIRING
10.5 ERC'S FOR WATER AND 9 ERC'S FOR SEWER;
TOTALING THE PAYMENT OF $30,900.00 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, Pepperjack Management, Inc., a Florida corporation, have constructed
the Cheddar's Casual Cafe Project, located at 7951 W Commercial Blvd. (a copy of which
is attached hereto in map form as "Exhibit 1 "); and
WHEREAS, Pepperjack Management, Inc., a Florida corporation, have offered a
First Amendment To The Water and Sewer Developer's Agreement to the City of Tamarac
for the Cheddar's Casual Cafe 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 2.5 ERC's at $3,500.00 in CIAC fees and the
purchase of 10.5 ERC's for water and 9 ERC's for sewer for a combined CIAC fee of
$30,900.00 as required by Resolution No. R-98-136; and
Temp. Reso. #10951
April 21, 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
Cheddar's Casual Cafe 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 Pepperjack
Management, Inc., a Florida corporation, for the Cheddars Casual Cafe 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 Pepperjack Management, Inc. a Florida
corporation, for the Cheddar's Casual Cafe Project, located at 7951 W Commercial Blvd.
SECTION 3: The City will collect an additional $3,500.00 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.
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1
is
Temp. Reso. #10951
April 21, 2006
Page 3
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
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this ID- day of Mow
2006.
ATTEST:
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
UEL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD AN
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
v * Ab NO A0951 - N
CITY OF TAMARAG
PURUC WORKS DEPARTMENT '! 4w",Y�
E.
FNGMEERING DIVISION R „ SHEET 1 0 F 1 W
FIRST AMENDMENT TO THE s
WATER AND SEWER DEVELOPER'S AGREEMENT
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,,...�. "'w"''° &'" ftift °a"''" A" CHEDDAR'S CASUAL CAFE
D. JV X D.Jre oJ/! M EXHIBIT 1
crtr or TMOXW, 010W o COUNW. rLMDA
4s� Ar Dnlr JW L WW", /E SEC. Y, TWP. 49. ROE. 41
R,. R0. 'J67RS
Exhibit 2 TR#10951
FIRST AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: CHEDDAR'S CASUAL CAFE
(Name of Development)
This AMENDMENT TO AGREEMENT, made and entered into and between the
City of Tamarac, 7525 Northwest 881h Avenue, Tamarac, Florida 33321, hereafter call
"CITY" and Pepperjack Management Inc a Florida corporation, having an address at
, FL 7951 W Commercial Blvd, Tamarac 33331, 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 .-il tI L `i - , 2005 said agreement recorded on O.R. Book
Qq1 Page Iof 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:
8_0 Non -Residential ERC's @ 11,400.00 per ERC = $11,200.00
FIRST AMENDMENT CONTRIBUTION:
225 Non -Residential ERC's @ $1,400.00 per ERC = 13,500.00
SUBTOTALS: ERC'S = 10.5 WATER CIAC FEE = $14,700.00
980605 1 Amendment to Water and Sewer
Developer's Agreement -Phase
CONTRIBUTION (SEWER)
ORIGINAL CONTRIBUTION:
9 Non -Residential ERC's @ $1,800.00 per ERC = $ 16,200.00
FIRST AMENDMENT CONTRIBUTION:
0 Non -Residential ERC's @ $1,800.00 _per ERC = $ 0
SUBTOTALS: ERC'S = 9 SEWER CIAC FEE _ $16,200.00
TOTAL CIAC FEE _ $ 30,900.00
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 10.5 ERC's of water service and 9 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.
980605 2 Amendment to Water and Sewer
Developer's Agreement -Phase
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By:
Marion Swenson, 6MC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: 74L6Zm
Beth Flansbaum-Talabisco
Mayor
Date: 4
By:
Jeffrey L. ille
City Manager
Date: 1(* 62 _
Approved s to form:
By: I/LAJ
Samue . Goren,
City Attorney
COUNTY OF F
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the Count ofresaid to take acknowledgments, personally appeared
PAI'D�nc-A Wto me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me and
under oath that e_ executed the same.
WITNESS my hand and official seal this day of ,
206�L.
SS
X) Personally known to me, or
( ) Produced identification
—MAAA04, J CA ALC�o
NO RY PUBLIC, Sta a of Florida
at Large
Marion serom
My Commtwon DD2WM
ExOres October 24.2007
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or ( DID NOT take and oath
980605 3 Amendment to Water and Sewer
Developer's Agreement -Phase
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
A
By.
Keith E Pugh
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF &RbLJ :
OWNER:
PepperJack Management Inc
By.
Robert S Dubey
President
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the CountK aforesaid to take acknowledgments, personally
appeared &&kr6,D4&%y to me known to be the person(s)
described in and who executed the foregoing instrument and Kq acknowledged
before me and under oath that Th4r�_ !e executed the same. /
WITNESS my hand and official seal this / day of Zi_ ,
2006.
PAULAA. GONZALEZ
Notary pW* - �a of FW&
c w Expk" t�Aar 15. 2D1D
z COMMMW q # Ob 529114
eondad rlMionaW
Ate.
( ) Personally known to me, or
NOTARY PUBLIC, Sta f FI ' a
at Large
POUJa
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
(Produced Identification L Uq5-76V 7 D/Gd 777 b/
Type of I.D. Produced
( ) DID take and oath, or ( ) DID NOT take an oath.
980605 4 Amendment to Water and Sewer
Developer's Agreement -Phase
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
Qy. " 1
Type Name�\OCCCa-
Corporate Secretary
(Corporate Seal)
STATE OF '\ c 6(1k6..:
SS
COUNTY OF1�Sr� ���--
MORTGAG Applicable)
By:
Type Name
V ee President
HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesCcf�
d and in the County aforesaid to take acknowledgments, personally
appeared vie to me known to be the person(s)
described in and who Aecuted th�for�egoing instrument and hL- acknowledged
before me and under oath that executedjpe same.
WITNESS my hand and official seal this day of ,
20D�pr�
O Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC,
at Large
off
.�0ecco-_ � T2.O o
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
�� C,p��+SSA ail �.X Q� +•eS
Type of I.D. Produced
( ) DID take and oath, or( ) DID NOT take an oath.
980605 55
Amendment to Water and Sewer
Developer's Agreement -Phase
EXHIBIT D
FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT
DEVELOPMENT CHEDDAR'S CASUAL CAFE
ORIGINAL METER SCHEDULE
SAGE
NO. OF
METERS
METER
SIZE
# OF ERC'S
WATER
CIAC FEES
SEWER
CIAC FEES
TOTAL:
WATER
SEWER
DOMESTIC
1
2"
8
8
$11,200
$14,400
$25,600
DUMPSTER
0
0
0
1
0
$1,800
$1,800
TOTAL: I 1 1 2" 1 8ERC'S 1 9 ERC'S 1 $11,200 1 $16,200 1 $27,400
FIRST AMENDMENT METER SCHEDULE
USAGE
NO, OF
METERS
METER
SIZE
# OF ERC'S
WATER
CIAC FEES
SEWER
CIAC FEES
TOTAL:
WATER
SEWER
DOMESTIC
1
2"
8
8
$11,200
$14,400
$25,600
DUMPSTER
0
0
0
1
0
$1,800
$1,800
IRRIGATION
1
1
2.5
0
$3,500
0
$3,500
TOTAL: 1 2" & 1" IR 1 10.5 1 9 1 14,700 1 16,200 30,900
TOTAL ERC'S OF AMENDMENT (WATER) 2.5 (SEWER) 0
TOTAL AMOUNT DUE. 3 500.00
TOTAL ERC'S OF AMENDMENT (WATER) 1) 0.5 (SEWER) 9
TOTAL AMOUNT DUE: 30 900.00
DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH= 1 ERC'S (SEWER)
TOTAL ERC'S 10.5 (WATER) 9 (SEWER)
980605 6 Amendment to Water and Sewer
Developer's Agreement -Phase
F
THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER
1 AT 6" DIAMETER
AT 8" DIAMETER
AT _ DIAMETER
SERVED BY WASTERWATER PUMP STATION NO. 16
�i
ERC'S - 3.01 SITE ACRES= 2.99 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.
AL P.E.#
TYPE NAME
980605 % Amendment to Water and Sewer
Developer's Agreement -Phase
,xhib1t " A "' Attachment
Lots 3, 4, 5 and 6, less the West 66 feet of Lot 6, Block 6, LYONS C®MMERCIAL
SUBIDIVISION, according to the Plat thereof, as recorded in Plat Book 69, Page 42,
of the Public Records of Broward County, Florida.
Parcel 2:
Lot 2, Block 6, LYONS COMMERCIAL SUBIDIVISION, according to the Plat
thereof, as recorded in Plat Book 69, Page 429 of the Public Records of Broward
County, Florida.
Less and except any portion thereof lying within the following described parcel:
Beginning at the Northwest corner of Lot 1, Block 6, LYONS COMMERCIAL
SUBDIVISION, thence North 90000'00" East on the North line of said Lot 1, a
distance of 175.44 feet to a point of a curve; thence southeasterly on a curve to the
right having a radius of 25.00 feet and a central angle of 88058128", an arc distance
of 38.82 feet to a point of tangency; thence South 01'01'32" East on an easterly line
of said Lot 1, a distance of 250.04 feet to a point of curve, thence southwesterly on a
curve to the right having a radius of 25.00 feet and a central angle of 91*01'32", an
are distance of 39.72 feet to a point of tangency; thence South 90000,001, West on the
South line of said Lots 1 and 2, a distance of 179.91 feet; thence North 00°00'00"
West on a line 106.89 feet East of and parallel with the West line of said Lot 2, a
distance of 35.00 feet; thence North 45000'00" West a distance of 14.14 feet; thence
North 00000'00" West, on a line 96.89 feet East of and parallel with said West line of
Lot 2, a distance of 120.00 feet; thence North 45°00'00" East, a distance of 14.14
feet; thence North 00*00,001, West, on said line 106.89 feet East of and parallel with
said West line of Lot 2, a distance of 125.00 feet, to the Point of Beginning.
71
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