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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-082Temp. Reso. #10961 April 28, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--62 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 BOCA WAREHOUSING, INC., FOR THE WASHINGTON MUTUAL PLAZA PROJECT, LOCATED AT 5900 UNIVERSITY DRIVE, REQUIRING THE ADDITION OF 4 ERC'S FOR WATER AND 4 ERC'S FOR SEWER AND AN ADDITIONAL $12,800.00 IN CIAC FEES; REQUIRING A TOTAL OF 24 ERC'S FOR WATER AND REQUIRING A TOTAL OF 21.5 ERC'S FOR SEWER; TOTALING THE AMOUNT OF CIAC FEES TO $72,300.00; 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, Boca Warehousing, Inc., have constructed the Washington Mutual Plaza Project, located at 5900 University Drive. (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Boca Warehousing, Inc., have offered a First Amendment To The Water and Sewer Developer's Agreement to the City of Tamarac for the Washington Mutual 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 4 ERC's for water and 4 ERC's for sewer and an additional $12,800.00 in CIAC fees for a combined CIAC fee of $72,300.00 as required by Resolution No. R-98-136; and Temp. Reso. #10961 April 28, 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 Washington Mutual 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 Boca Warehousing, Inc., for the Washington Mutual 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 Boca Warehousing, Inc., forthe Washington Mutual Plaza Project, located at 5900 University Drive. SECTION 3: The City will collect an additional $12,800.00 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. 1 1- I 1 Temp. Reso. #10961 April 28, 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 34 day of M2s. I , 2006. BETH LANSBAUM-TALABISCO MAYOR ATTEST: -S l.1h ECORD OF COMMISSION VOTE: �> MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO. 44'r-' CITY CLERK DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. /'Ix- S`z SAMUEL S. GONN CITY ATTOR Y Job No.10961 CITY OF TAMARAC Spate: 1v.x.S �, ,� KNc QClMG n�iV o'xM'T m SHEET 1 OF 1 E 8. 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TUSCANY UNITED BOSTON PLAZA 57 DR g m¢ m f / SpAQSES CHICKEN Z 57 CT i7 CT NW 57TH ST OFF E N.W 57TH ST A W HW ,4J ZZ ¢ W UJh- PaJ J .YH Z NH z ] ¢ Z' Z►+z''-' 2¢ cu ► WP�1 m �"'" j W n ZY (4¢ �U.¢. gAp AU Zq Lew O.J Z �0 UJ Q ZZ w-i p�F"❑ p¢ y¢¢W 13O 0 Wo (n u ,41=1 U x V� m N �� awy 4W =c~ii rw U r ..� L1F1 LOU O_W n Hi0 S F S ¢ A COMMERCIAL BLVD COMMERCIAL BLVD LAUDS LL SITE LOCATION WASNINOTON MUTUAL PLAZA EXHIBIT > CRY Of TAMARAC. BROWARD OWNTY. rLMDA SEC. 9. TWP. 49. ROE. 41 ~ Exhibit 2 TR#10961 FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: Washington Mutual Plaza for (Agglebee's) (Name of Development) This AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest $$th Avenue, Tamarac, Florida 33321, hereafter call "CITY" and Boca Warehousing, Inc_ having an address at 1096 East Newport Center Drive, Deerfield, Florida 33442, 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 June $, 2005 said agreement recorded on O.R. Book 172 Page 64-65 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: 20 Non -Residential ERC's @ $1,400.00 _ per ERC = $28,000.00 FIRST AMENDMENT CONTRIBUTION: 4 Non -Residential ERC's @ 114.00.00 per ERC = $5,600.00 SUBTOTALS: ERC'S = 24 WATER CIAC FEE W $33,600.00 980605 1 Amendment to Water and Sewer Developer's Agreement -Phase CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: 17.5 Non -Residential ERC's @ $1,800.00 per ERC = $ 31,500.00 FIRST AMENDMENT CONTRIBUTION: 4 Non -Residential ERC's @ $1,800.00 per ERC = $ 7,200.00 SUBTOTALS: ERC'S = 21.5 SEWER CIAC FEE = $38,700.00 TOTAL CIAC FEE = $ 72,300.00 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 24 ERC's of water service and 21.5 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. 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: - pKMarion Swenson, CMC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By:71101Z W� A Beth Flansbaum-Talabisco Mayor f Date: , ]<, I C) By: Jeffrey L.Villef City Manager Date:,_57 k Q Approv as to form: d By: "xs)c6 Sam 1 S. G ren, COUNTY OF SS City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Count fores dNake acknowledgments, personally appeared Q��ctb 4, I1_f C�i1S ��►�°r► lo��Zcc?a kno n to be the person(s) described in and who executed the f regoing instrument and CU acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 20_&. ( V Personally known to me, or ( ) Produced identification JLC) NO RY PUBLIC, State of Florida at Large ?,pr •,,,, Marion serphoa My Commission DD280279 or N9,1P Expires October 24, 2007 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ( -I/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. All By: TypE Corp (Corporate Seal) STATE OF FLORIDA SS COUNTY OF �niQL-4 �� 0 Type Name President housing, Inc. 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 r.�r�u. 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 day of No" Pub6C - SaM M Fbft 5Mq Cannftion Expims May 14, x010 Commission A DD 509318 y Or " Bonded ?w Niluone! Notary AM. ( Personally known to me, or ( ) Produced Identification -LIJ , 1 NO 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. 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: MORTG G E A plic I By:.;r r 5 1�- Twe Name l l �pu �� 1�� ('t l `I o,� Tvm, nimmo lA— TA Corporate Secretary President 66A0 2.. VI C.,(— � �EAj— (Corporate Seal) STATE OF FLORIDA COUNTY O S I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afo aid and in t e �unty aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and �tacknowledged before me and under oath that 6 . execut!�Peday same. WITNESS my hand and official seal this of , 2D� r v Notary Public State of Florida Rene Wolfram My Commission D0387380 ' Expires01/18/2009 Personally known to me, or ( ) Produced Identification (Nanf e of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ( ) DID NOT take an oath. 980605 5 Amendment to Water and Sewer Developer's Agreement -Phase EXHIBIT D FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT DEVELOPMENT WASHINGTON MUTUAL PLAZA FOR APPLEBEE'S ORIGINAL METER SCHEDULE ORIGINAL AGREEMENT CONNECTION Meter ERC's CIAC Fees Residential Size No. Water Sewer Water Sewer Total ($1,400/ERC) ($1,800/ERC) Washington Mutal 11) 1 2.5 2.5 $3,500.00 $4,500.00 $8,000.00 Retail Building 5/8" 14 14 14 $19,600.00 $25,200.00 $44,800.00 Autozone 5/8" 1 1 1 $1,400.00 $1,800.00 $3,200.00 Auto Zone Irrigation 1" 1 2.5 $3,500.00 $3,500.00 Total 17 20 17.5 $28,000,00 $31,500.00 $59,500.00 FIRST AMENDMENT METER SCHEDULE USAGE NO. OF METERS METER SIZES # OF ERC'S WATER CIAC FEES SEWER CIAC FEES TOTAL: WATER SEWER DOMESTIC 1 2" 4 4 $5,600 $7,200 $12,800 1 _(2"), Grand Total: 18 15-(5/8") 24 21.5 $33,600 $38,700 $72,300 & 2-(1 " TOTAL ERC'S OF AMENDMENT (WATER) 4 (SEWER) 4 TOTAL AMOUNT DUE: $12,800.00 TOTAL ERC'S OF AMENDMENT (WATER) 24 (SEWER) 21,5 TOTAL AMOUNT DUE: 172,300.00 FA DUMPSTER(S) CONNECTED TO SEWER @ 1 ERG EACH= 0 ERC'S (SEWER) TOTAL ERC'S 24 (WATER) 21.5 (SEWER) THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: 1 AT 4" DIAMETER AT 8" DIAMETER 1 AT 6" DIAMETER AT DIAMETER SERVED BY WASTERWATER PUMP STATION NO. 47 24 ERC'S - 5.65 SITE ACRES= 4.24 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. �1:i0I7fM. 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