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Home My WebLink AboutCity of Tamarac Resolution R-2001-129n 0 1 Temp. Reso. #9381 April 23, 2001 1 Revision 1, May 14, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-129 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A THIRD AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH TAMARAC, L.L.C., FOR THE MCNAB PLAZA NORTH PROJECT LOCATED ON THE EAST SIDE OF UNIVERSITY DRIVE BETWEEN MCNAB ROAD AND NW 72N11 STREET, ADDING ONE NON-RESIDENTIAL WATER SERVICE CONNECTION AND ESTABLISHING ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $8,000.00; 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, Noranda Devco Joint Venture, developer of the McNab Plaza North Project located on the east side of University Drive between McNab Road and NW 72"d Street (a copy of which is attached hereto in map form as "Exhibit 1 ") executed a Water and Sewer Developer's Agreement on September 16, 1980; and WHEREAS, Noranda Devco Joint Venture has subsequently sold the property and assigned the Water and Sewer Developer's Agreement to Tamarac L.L.C.; and WHEREAS, Tamarac, L.L.C., wishes to create a Third Amendment to the Water and Sewer Developer's Agreement and has revised "Exhibit D" of the Water and Sewer Developer's Agreement resulting in an additional 2.5 ERC's of water and sewer service for 1 non-residential service connection; and Temp. Reso. #9381 April 23, 2001 2 Revision 1, May 14, 2001 WHEREAS, it is the recommendation of the Director of Utilities that this Third Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Tamarac, L.L.C., for the McNab Plaza North Project be approved and executed; 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 authorize the appropriate City Officials to accept and execute a Third Amendment to the Water and Sewer Developer's Agreement from Tamarac, L.L.C., and collect the additional contribution charges in the amount of $8,000.00 for the McNab Plaza North 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 Third Amendment to the Water and Sewer Developer's Agreement (a copy of which is attached hereto as "Exhibit 2") with Tamarac, L.L.C., for the McNab Plaza North Project and collect additional contribution charges in the amount of $8,000.00. SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 11 1 rl 1 Temp. Reso. #9381 April 23, 2001 3 Revision 1, May 14, 2001 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 23rd day of May, 2001. ATTEST: - MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this R LtTIONs to form; i ITCH ELL S: CITY ATTO TR/DM/mg =;Z JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN_ JOIST 3: V/M SULTANOF_ DIST 4: COMM. ROBERTS EXHIBIT I , , J MtnJ✓ W W W W W W W W W CIR +�' 79 ST — W Z ¢ ww n c ¢ v TR55 7 too ^ ¢ TR56 > cs2 78 CT ¢ n f f _ W W W W U3 W 7$�ST W _ ^ AVAL❑N ^ o t, v W -W❑❑DM❑NT rHE plNfs w CIR w ESTATES PL 78 CT w W ► W COUNTRY w w 78 W W W W CLUB W W 78 ST 7 w W w V f THE CENTRE �w w a w Z W W W w /� = 1 �,�� °n° W❑❑DM❑NT ``a z Ln V% Y V ^ a ^ TR74 77ST wWwWwWwW , �v��v° TAMARAC (j ELEM SCHOOL ¢ 75W S. W W ¢ , n qRp AI ti PALM ^ ¢ W PAL T CIR �`a ASV S.BELL W SIL 73 / .��/• TAMARAC RK 0 F'AL Cr 0- M��O q TR75 A 76 ST ItW W P f TOWN 7 W Ice f 73 Sr PLAZA } n a ^ n a W W 4iP 75 ST , GREEI AR 7. NVIRONMENTALLY W 9a 0 �` � �LAN5 r / 74 ST W w4ODMONT �Q' W r r r J or 73 ST W �• r r UNIV. UNIV. TAMARAC 1-� MED CTR MED. ARTS CTR PICCADILLY 72 CT rrr J ST ,� r r UNIVERSITY ST 72 ST O�� F HOSPITAL AND P Q MEDICAL CENTER 71 CT W QW R72B 7 7CT 1 PARK -4 OAF w v w W w V w ,1/ d CT a EPEU THERAPEUTIC A /�f 71 ST g4 W W ENP w 1~ TR72C a ACAD MY °^° WINN IX Eo 3� TR72A % PI APP E PK HIL ^ O 3Q� 70 ST p a 70 CT WENDY'S r 0 p L3 Li x w ¢ z �w --(4 WOODM❑NT W❑❑DM❑NT ALL SAINTS 1st UNION BANK SITE SITE a ¢ a 0 a w w y w z z ¢ Uz ww C❑MM❑NS PLAZA LUTHERAN NATIONS SHELL U V) VI Y ►-� y J 3 BANK y W W W + W W McNAB ROAD GW BANK TEXACO TAMARAC W W W W W\ CONCORD VILLAGE PLAZA W W W W W W W TWOO W W W W W W W UNIVERSITY y W W W W W W W W -V LA W W W v W W W W TS. W W COMMONS SANDS P❑INT r\ y W W CA W W W W W W BELLE W W W �rA�N)+ W ~\ W 4VV TERRE 7 W W W ^ N, W w \ VERSAILLES W W W ❑F TAMARAC ¢ w 1W W GARDENS W W ^ McNAB PLAZA NORTH.DWG McNAB PLAZA NORTH THIRD AMENDMENT TO WATER AND SEWER DEVELOPERS AGREEMENT EXHIBIT 2 THIRD AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: McNab Plaza North (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 Tamarac, L.L.C. having an address at 10933 Wellworth Ave. #6 Los Angeles, CA 90024, hereinafter called "DEVELOPER" WITNESSETH : WHEREAS, CITY and Noranda Devco Joint Venture (original 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 September 16, 1980, said agreement recorded on O.R. Book 9455 Page 717 of the Public Records of Broward County, and; WHEREAS, Noranda Devco Joint Venture has subsequently sold the property and assigned the Water and Sewer Developer's Agreement to DEVELOPER, 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: Part I (K) & (L) of the Developer's Agreement is amended to read as follows: CONTRIBUTION (WATER) �.IVEel lill l_1W0191z1111N111Y11ro ►F Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 27.5 @ $ 350 per ERC = $ 9,625 FIRST AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 7.5 @ 350 per ERC = $ 2,625 SECOND AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 2.5 @ 525 per ERC = 1 312.50 THIRD AMENDMENT CONTRIBUTION: 2.5 @ 1400 per ERC = $3,500 SUBTOTALS: ERC'S = 40.0 980605 WATER CIAC FEE = $ 17,062.50 Amendment to Water and Sewer Developer's Agreement -Phase CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 2 7 •5 @ $ 6 5 0 per ERC = $17 , 8 7 5 FIRST AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = - 0.5 @ 650 per ERC = $ - 3 2 5 V SECOND AMENDMENT CONTRIBUTION: - Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = @ $ - per ERC = $ _ THIRD AMENDMENT CONTRIH,rION 2.5 ERC'5 $1800= $4,500 SUBTOTALS: ERC'S = _ 29 5 SEWER CIAC FEE = L22 , 050 _ TOTAL CIAC FEE = $ 390112.50 2. Part161)(5of the Developer's Agreement is amended to read as follows: (( AA 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 40.0 ERC's of water service and 2 9. 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: r By: Marion Swenson, CIVIC City Clerk STATE OF FLORIDA :SS ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe reiber Mayor Date: 5-2 9- / By: �iJeffrey I/Mllgr City Manager / Date: 5-2 9- O/ asY6fo ttorney COUNTY OF -6W0(N Fl-Qj): %`f 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 �JD �C 4k7EI B� J� �� [ _ m,c.�uz to me known to be the person(s) described in and who executed he foregoing instrument and T- __ acknowledged before me and under oath that `r4j�7U _ executed the same. WITNESS my hand and official seal this _2 day of 7- a--,-h--, 20�. DAWN M. LESNIAKOWSKI COMMISSKMCC96219e NOTARY PUBLIC, State of Florida vue�c EXPIRES AUG 20 2004 eoNOEnTr,Rrn,ori at Large FLWU ACNANUGE NOTARY (Name of Notary Public: Print, Stamp, ( VI/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 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. ATT.F,&T• ' OW T AR C r LL B ? B Y• r c _ Y Type Name �,:. •�/� _ Type Name Conrad C . Bake' President (Corporate Seal) STATE OF FLORIDA : SS COUNTY I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in eOunty aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed theforegoing instrument and .4� acknowledged before me and under oath that el executed th same. WITNESS my hand and official seal this 3--7day of�� 2 nd> 01 Chr[Wpher C Sullivan * *My Corn **0nCC84=7 '''►"+++++N EVM June 3. 2003 (!/Personally known to me, or ( ) Produced Identification ( ) DID take an oath, or ( NOTARY PrJBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 981208 4 Amendment to Wahr and Sewer Oays"es Agreement 03/22/2001 09:48 954-476-2057 C 5ULLIUAN F'AbE by IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name _ Jahn C . Ke Corporate Secretary (Corporate Seal) MORTGAGEE (if Applicable PAL MORTGAGE FUNDING, LLC By: e Na Principal Si5S _..._. _.._ COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly aut ized in the State aforesaid and in the County aforesaid to take acknowledgme personally appeared to me known to the person(s) described in and who executed the foregoing instrument and cknowledged before me and under oath that executed the same. WITNESS my hand and official seal this _day of ( ) Personal/al ( ) Proel DID 980605 MAR 22 '01 09:41 own to me, or Identification 4i NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced Amendment to Water and Sewer Developers Agreement -Phase 954 476 2057 PAGE.09 STATE OF NEW JERSEY COUNTY OF ESSEX On this 22 day of March 2001, before me personally came Deborah Rosica and John C. Kelly to me known, who being by me sworn did depose and say that she is the Principal and he is the Corporate Secretary of PRUDENTIAL MORTGAGE CAPITAL FUNDING, LLC which executed the foregoing Third Amendment to Water and Sewer Developer's Agreement as Lender; that they know the seal of said company; that the seal affixed to said instrument is such seal; that it was affixed by order of the board of directors of said company; and that they signed their names hereto by like order. Qt,o� O)e, - &�U� - J dy L. R dgers, Notary Public My commission expires: 12/04/2003 [Affix Notary Seal] EMU "A" DESCRIPTION A portion of Section 3, Township 49 South, Ranae 41 East, being more particularly described as follows: Corr.cncing at the Southwest corner of said Section 3; thence North 00012'16" test, along the 'lest line thereof, a distance of 753.01 feet; thence South 39002-49" East, a distance of 60.01 feet to the POINT OF EEGANNING of this description; thence North 0001" 16" Test, along the line 60.00 feet East of and parallel uith as measured right angles to the West line of said Section 3, a distance of 595.70 feet; thence North 89047'44" East, a distance of 539.87 feet; thence South 00012'16" East, a distance of 607.62 feet to the Northeast corner of Family Mart, as recorded in Plat Gook 99, Pace 47 of the Public Records of Broward County, Florida; thence Forth 39002'49" best, along the North line of said Family T Vart, a distance of 590.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Broward County, Florida. Containing 8.147 Acres more or less. EXHIBIT D TAMARAC WATER AND SEWER DEVELOPER'S AGREEMENT Development -:_McNab Plaza North METER SCHEDULE FOR RESIDENTIAL USE # OF ERVS WATER SEWER TOTAL # OF CIAC CIAC CIAC # OF METER LOT # UNITS WATER SEWER FEES FEES FEES METERS SIZE Retail sales 14 40 29.5 17,062.50 22,050.00 39,112,50 2 5/8" 8 ill 2 1 Y2)1 1 2" TOTAL 981208 40 29.5 17,062.50 22,050.00 39,112.50 Amendment to Water and Sewer Developer's Agreement