HomeMy WebLinkAboutCity of Tamarac Resolution (134)1
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Temp. Reso. #9753
April 5, 2002 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-134
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 MERRILL
GARDENS, L.L.C., FOR THE MERRILL GARDENS OF
TAMARAC, PHASE II PROJECT, LOCATED ON THE
SOUTHEAST CORNER OF UNIVERSITY DRIVE AND NW
77T" STREET, ADDING ONE ADDITIONAL WATER METER
REQUIRING 4 ERC'S FOR WATER AND 4 ERC'S FOR
SEWER ESTABLISHING ADDITIONAL CONTRIBUTION
CHARGES IN THE AMOUNT OF $12,800.00; 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, Merrill Gardens, L.L.C., is the owner of the Merrill Gardens of Tamarac,
Phase 11 Project located on the southeast corner of University Drive and NW 77th Street (a
copy of which is attached hereto in map form as "Exhibit 1 "); and
WHEREAS, Merrill Gardens, L.L.C., wishes to create a First Amendment to the
Water and Sewer Developer's Agreement, revising "Exhibit D" of the Water and Sewer
Developer's Agreement resulting in an additional 4 ERC's of water and 4 ERC's of sewer
service for one additional water service connection; and
WHEREAS, it is the recommendation of the Director of Utilities that this First
Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac
and Merrill Gardens, L.L.C., for the Merrill Gardens of Tamarac, Phase II Project be
approved and executed; and
Temp. Reso. #9753
April 5, 2002 2
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 authorize the
appropriate City Officials to accept and execute a First Amendment to the Water and
Sewer Developer's Agreement, adding one additional water meter establishing 4 ERC's for
(
water and 4 ERC's for sewer establishing additional contribution charges in the amount of
$12,800.00 for the Merrill Gardens of Tamarac, Phase II Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY1 COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing WHEREAS clause are hereby ratified and
confirmed as being true and correct and are hereby made a spe ific 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 Merrill Gardens, L.L.C., adding one
additional water meter requiring 4 ERC's of water and 4 ERC's of sewer and establishing
additional contribution charges in the amount of $12,800.00.
SECTION 3: The City Clerk is hereby authorized and directed to record said
agreement in the public records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewiih are
hereby repealed to the extent of such conflict. `'
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1
1
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Temp. Reso. #9753
April 5, 2002 3
SECTION 5: 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 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED, AND APPROVED this 22"d day of May, 2002.
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SVVtNSON, CMC
10111 Wigs] g21IV21
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
1TCHELL' S.
CITY ATTO
JED/DTM/mg
MAYOR SCHREIBER A v
DIST 1: V/M. PORTNER Ay&
DIST 2: COMM. MISHKIN AM-
DIST
3: COMM. SULTANOF_Ayer
DIST 4: COMM. ROBERTS Aye,
EXHIBIT 1
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MERRILL GARDENS, PHASE II
FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT
1
"EXHIBIT 2"
AMENDMENT
TQ WATER AND S ER
DEVELOPER'S AGREEMENT
FOR: Merrill Gardens of Tamarac. Phase 11
(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 Merrill Gardens L.L.C. having an address
at 1.938 Fairview v nuEast, Suite 300, Segttle, WA 9 , 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 May , 1998, said agreement recorded on O.R. Book 287
Page _ 076Q 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 a-nd-valuable considerations, the parties hereto
covenant and agree as follows:
Part II (H) of the Developer's Agreement is amended to read as follows:
CONT IB TI N TER
ORIGINAL CONTRIBUTION:
Residential #�I [Units X ERC's Per Unit @ $ 1,205 Per ERC
Non -Residential ERC's = 32 —_ @ 11,205 per ERC = $ 38.560
FIRST AMENDMENT CONTRIBUTION:
Residential # Units X ERC's Per Unit @ $ 1.40Q_Per
ERC
Non -Residential ERC's = 4 @ $1.4Q0 per ERC = $5.600 _
SECOND AMENDMENT CONTRIBUTION:
Residential # Units X ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = @ $ per ERC = $
SUBTOTALS: ERC'S = 36 _ WATER CIAC FEE = $44� 1 %L _
981208 Amendment to Water and Sewer
1 Developer's Agreement
CONTRIBUTION(SEWER)
ORIGINAL CONTRIBUTION:
Residential # N/A _ Units X ERC's Per Unit @ $ 1,550 Per ERC
Non -Residential ERC's = 333 @ $1,550 per ERC = $51,150
FIRST AMENDMENT CONTRIBUTION:
Residential # N/A Units X ERC's Per Unit @ $ 1,800 Per
ERC
Non -Residential ERC's - , 4 _ @ $1,800 per ERC = $7,200
SECOND AMENDMENT CONTRIBUTION:
Residential # Units X ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = @ $ per ERC = $
SUBTOTALS: ERC'S = 37 _ SEWER CIAC FEE - $58,350
TOTAL CIAC FEE = $102,570
ORIGNAL PAYMENT =$EQ,710
CURRENT PAYMENT = 12 800
2. Part III (A) of the Developer's Agreement is amended to read as follows:
PART III. CITY'S OBLIGATION
A. CIIT ''.S MAINTENANCE OF SYSTEMS AFTER CERTAIN CON121TIONS
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 36 ERC's of water service and — 32 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 Amendment to Water and Sewer
2 Developer's Agreement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
y
Marion Swenson,"CIVIC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By.
Joe ireiber
Mayor
Date: 5I ad a
By:
Jeffrey L. Wer
City Manager
to
S. Kraft,
: SS City Attorney v
COUNTY OF f3 Kph 2
I HEREBY CERTIFY that on this -day, before --me, an offfser-duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
L. Ali LcE2 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 thisdayof
200a".
OITICIALNGTARYSEA
JUNE A WHITE
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC775720
MY COMMISSION EXP. SM 15,2002
( Personally known to me, or
( ) Produced identification
NOT Y PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
981208 Amendment to Water and Sewer
3 Developer's Agreement
( ) DID take an oath, or (
IN WITNESS WHEREOF,
year first above written.
ATTEST:
Secretary
(Corporate Seal)
) DID NOT take an oath
Owner has hereunto set his hand and seal on the day and
STATE OF WASHINGTON:
SS
COUNTY OF Kin
DEVELOPER: MERRILL GARDENS, L.L.0
By: Merrill Associates Limited Partnership,
Manager
By: The Merrill Group Inc., Managing
General _Prtner
By.
3TY'Oe Name William D. Pettit. Jr.. President_
I HERESY CERTI`PYth'af on this day, - b6fore'me, an 'Officef� duly` autfi`or-ized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared .I •'a ir. and 4* to me known to be the person(s)
described in and who executed the foregoing instrument and _acknowledged
before me and under oath that /j,-_ executed the same.
WITNESS my hand and official seal this i'f`' day of
NOTARY U IC, State of Washington
Notary Pic at Large
State of Washington
DC SPEAR
►NY Appointment bipires Jan 20. 2M5
( ;/Personally known to me, or
( ) Produced Identification
(,DID take an oath, or
981208
(Name 64 Notary Public: Print, Stamp,
or type as Commissioned)
/v a/r I
Type of I.D. Produced
) DID NOT take an oath.
4
Amendment to Water and Sewer
Developer's Agreement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS_ NOT
APPLICABLE
I, William D. Pettit. Jr. _ do hereby affirm that I am the President
of _ The Merrill Gardens Inc.. Managing General Partner of Merrill Gardens
Asociates Limited Partnership, the Manager of Merrill Qardgns, L..L. and that I
have executed a Water and Sewer DEVELOPER's Agreement with the City of Tamarac
for Merrill Gardens of Tamarac project and that I am the owner of the property
covered by said DEVELOPER'S AGREEMENT.
There are no mortgages held on the property, which is the subject of said
DEVELOPER'S AGREEMENT.
FURT�ER AFFIANT SAYETH NOT.
(Sigoatu e)
This 1$ day of March , 2002 .
STATE OF WASHINGTON:
: SS
COUNTY OF King _
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid- axed in the County- aforesaid to take -acknowledgments, personally
appeared William D. Pettit. Jr-- to me known to be the person(s)
described in and who executed the foregoing instrument and who acknowledged
before me and under oath that hgexecuted the same.
WITNESS my hand and official seal this � day of
200L .
State of WashIrOW
D=MG
rV Appdnhnwd F I I Jon 24 2WS
( 'personally known to me, or
( ) Produced Identification
NOTARY PIJBLIC, State of Washington
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
1' /;el
Type of I.D. Produced
( VI DID take an oath, or( ) DID NOT take an oath.
981208 5 Amendment to Water and Sewer
Developer's Agreement
05/01/2002 11:01
5612834681
CPH ENGINEERS INC
PAGE 04
DeveknmeM
t:l' 119
,i •
Merrill Gardens - Phase II
0 OF ERVS WATER SEINER TOTAL
9 OF CIAC CIAC CIAC N OF METER
LOT UNITS CIS AMR EM EM f= METE B ffiz
S
7 5 5 $7,000 $9,000 $18,000 1 11/2"
CREDIT 1 1 $1 400 51 800 S 3,200
TOTAL 7 4 4 $5,600 $7,200 $12,800 1 11/2"
• Note that under the original agreement, the calculations were based on a 107 bed facility. Due to
emergency vehicle circulation, the bultding size was reduced to 103 beds. Therefore, there are 4 beds of
capacity unused at the facility.
4 beds ® 0.2196 ERC/Bed = 1.144 ERC; therefore, 5 ERC Proposed - 1.144 ERC available = 3.856 or 4
ERC's required.
JLDUMPSTER(S) CONNECTED TO SEWER
® 1 ERC EACH=--D----ERC'S (SEWER)
TOTAL ERC'S --A—(WATER) 4 (SEWER)
THIS PROJECT REQUIRES THE FOLLOWINO SIZE AND NUMBER OF FIRE LINES:
T 4` DIAMETER.._. --a — AT 8" DAMETER
0 AT 6* DIAMETER AT _ DIAMETER
NOTE: EXISTING FIRE LINES WILL BE UTILIZED. NO NEW FIRE LINES ARE NECESSARY.
SERVED BY WASTERWATER PUMP STATION NO.
ERC'S + _ _ 0.73__ SITE ACRES= 5.4k _ERC'S/SITE ACRE
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS ST Bn EET THE
MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILR09KHEATENOED USE.
�EAL P.E-0
081208
William A- Slueber,
TYPE NAME
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'SOUTHWEST CORNER LAUDERDALE TRUCK FARMS SUBDIVISION
SECTION 3, TOWNSHIP 49 SOUTH, OF SECTION 3, TOWNSHIP 49 SOUTH,
RANGE41 EAST RANGE 41 EAST,PLAT BOOK 4, PAGE 31
NICK MILLER, INC.
sWIM;ng & mapping Consult=&
SUITE 105
2560 RCA BLIP.
PALM BEACH GARDENS, FLORIOA 33410
TEL 561 627-5200 FAX 561 627-0983
D.B.P.A. BUSINESS LICENSE No. 4316
SKETCH AND DESCRIPTION PREPARED FOR: SCALE: 1" =100'
MERILL GARDENS L.L.C. DATE: 2--24--98
J06 NO. 97032E
NOTE: NOT A SIIRVFY nr MI c. 0'7n'coc_+ nwr,