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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-1331 1 Temp. Reso. #9385 April 30, 2001 1 Revision 1, May 14, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-133 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 T & H ACQUISITIONS, L.L.C., FOR THE T & H OFFICE BUILDING PROJECT LOCATED ON THE SOUTHEAST CORNER OF MCNAB ROAD AND BROOKWOOD BOULEVARD, CHANGING THE IRRIGATION METER SIZE AND ESTABLISHING ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $2,100.00; 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, T & H Acquisitions, L.L.C., owner of the T & H Office Building Project located on the southeast corner of McNab Road and Brookwood Boulevard (attached hereto in map form as "Exhibit 1 ") executed a Water and Sewer Developer's Agreement on October 25, 2000; and WHEREAS, the T & H Acquisitions, L.L.C., wishes to create a First Amendment to the Water and Sewer Developer's Agreement and has revised "Exhibit D" of the Water and Sewer Developer's Agreement resulting an additional 1.5 ERC's of water service for 1 irrigation 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 T & H Acquisitions, L.L.C., for the T & H Office Building Project be approved and Temp. Reso. #9385 April 30, 2001 2 Revision 1, May 14, 2001 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 First Amendment to the Water and Sewer Developer's Agreement from T & H Acquisitions, L.L.C., and collect the additional contribution charges in the amount of $2,100.00 for the T & H Office Building 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 (attached hereto as "Exhibit 2") with T & H Acquisitions, L.L.C., for the T & H Office Building Project and collect additional contribution charges in the amount of $2,100.00. 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. 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 1 11 Temp. Reso. #9385 April 30, 2001 3 Revision 1, May 14, 2001 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 231 day of May, 2001. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as,to form. MISCHELL S. KF CITY ATTORN II:aryIATreI@I 1 JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN C.16 DWT 3: V/M SULTANOF��i 61ST 4: COMM. ROBERTS__ C EXHIBIT I TEMP. RESO. # 9385 GREENBRIAR a W ¢ 75 ST 9 10 n n n 74 PL PICCADILLY f 73 ST 72 ST 72 ST 72 ST 7 6 5 7 > 71 CT p / ¢ ¢ 71 ST WOODMONT n n 7SQUARE J� / 70 CT o .... . _..- 41 f . 70 ST w F- P n 72 ST 71 CT 71 ST A LANDS 14 RCREST 14 70 CT a W P11 In BANK �0 -'� 70 ST `O NATIONS BANK N. AMER. ALBERTS❑N SHELL UNITED` 1 MET WO`DIST ¢ cm 2 p LAKE p 14 �� Z ti w OC F ^ (69ST.) COLONY i � aaq z w Z w 91 z o GW TEXACO TPLAZAC BR❑OKW❑❑D BRIST❑L BANK PLAZA PARK > a Q - UNIVERSITY Cl n a>> COMMONS 68 ST \ > \ > 67 ST BELLE o 7 n r3 TERRE n 7 a 66 ST a W OF TAMARAC as �- ^ MAINL NDS S 15�i1 W Lo 65 ST Q W J J UNIV. 64 CT > SHOPPES g f &j, W OFCS, 64 ST /1 f 64 ST W EGAN ri •%///r// r% W A LY 0 f W o A PLAT > u a 63 CT \ U n a ¢ > 63 CT ff % n ram• n �\ W 63 ST 63 ST ILLAG QUAKE > SAINT 62 ST 62 STw y0 h-1 Z MALACHY w > ] >> >> u ¢ a ~ 61 ST HORAN TER. ¢ co -y n r. ^ i• C CURTIS n N ANDS SE 10 FIELD NATI❑NS PLAT BANK 60 ST e r f pL 9L 59 ST BROOKSIDE CAVE MCNAB ROAD CASABLANCA 0 CENTER WOODLANDS SCHOOL SITE LOCATION H 0 z 62 ST r 61 ST 3 gn � o \ 60 CT F ST O1 T&H_OFFICE_BLDG.DWG T & H OFFICE BUILDING FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT Exhibit 2 FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: T & H Office Building (Name of Development) This AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 88t" Avenue, Tamarac, Florida 33321, hereafter call ,,CITY" and T & H Ac uisi i having an address at 8795 W. McNab 33321 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 0CA- 2000, said agreement recorded on O.R. Book 31009 _ Page 1492 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: ERC's Per Unit @ $ Per ERC Residential # Units X goo . o0 Non -Residential ERC's = 3.5 @ $$ 1 0 o per ERC = $ 4 FIRST AMENDMENT CONTRIBUTION: Per ERC Residential # Units X ERC's Per Unit @ $ Non -Residential ERC's = 5 @ $ 1,40o per ERC = 7 000.00 SECOND AMENDMENT CONTRIBUTION: Per ERC Residential # Units X ERC's Per Unit @ $ Non -Residential ERC's = @ �� per ERC = $ SUBTOTALS: ERC'S 5 WATER CIAC FEE _ $ 7 ► 0 0 0.0 0 981208 1 Amendment to Water and Sewer Developer's Agreement CONTRIBUTION SEWER ORIGINAL CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 3.5 @ 1 800 per ERC = $ 61300. 00 _ FIRST AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = @ $ per ERC = $ SECOND AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = @ $ per ERC = $ SUBTOTALS: ERC'S = 3.5 SEWER CIAC FEE = $ 6, 300.00 TOTAL CIAC FEE = $ ",300 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 5 - ERC's of water service and 3 - s 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 2 Amendment to Water and Sewer Developer's Agreement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: - ATTEST: By: Marion Swenso , CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE Jo S reiber Mayor Date: _ - 2 Q-© 4jeffrey ille j� City Manager Date: /l 5-2 �-Cl Awfovegf ah to 0-S. Kraft, SS (/City Attorney COUNTY OF &OWA--ta 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 '�rtJL. MILL EX) to me known to be the person(s) described in and who executed the foregoing instrument and Thx.,Lacknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 2 9 day of C/o g4, 2001 Nil ( -Personally known to me, or ( ) Produced identification NOTARY PUBLIC, tate of Florida at Large lal'01) Al. � C,Shy' a..h-,0,kyfleL1- (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (--)"D ID 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. ATTEST: � . OWNER�- r' S By: By: Type Name Corporate Secretary �Corpo�st gdi) STATE OF FLORIDA SS COUNTY OF SWOW Type Name �To ✓►N President I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid anyl In the County aforesaid to take acknowledgments, personally appeared a moi 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 APIU L 20K. JEFFRY J. YAO rr = MY COMMISSION # CC 769897 EXPIRES: August 23, 2002 Pr thr'' Bonded Thru Notary Puhlic Underwriters X) Personally known to me, or ( ) Produced Identification 111N,� J4L NOT P LIC, ate of Florida at Lar e (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 4 Amendment to Water and Sewer Developer's Agreement 41 ,4 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. WITNESS MORTGAGEE X ®h—nt�2�� GENERAL ELECTRIC CAPITAL CORPORATION Mary R erbanaz, Loan Closing Spccist CORPORATE ACKNOWLEDGEMENT State of Missouri ) ss County of St. Louis On this 5 4+h day of Ag x�L , 20 QL, before me personally came Mary P. Verbanaz of General Electric Capital Corporation to me known, who, being by me duly sworn, did depose and say that she is the Loan Closing Sj_ecialist of General Electric Capital Corporation, the Corporation described in and which executed the foregoing instrument; and that she has signed her name to said instrument as the act and deed of said Corporation. My commission expires: ►joU. a4 , apol CRYSTAL MERSCH Notary Public —Notary Seal STATE OF MISSOURI St. Charles County My Commission Expires: Nov. 24, 2001 L'_kj�';e tart' Atblic P Exhibit A Legal Descri tion ALL OF LOT 1, LESS THE NORTH 2 FEET THEREOF, AND THE WEST 75 FEET OF LOT 2, BLOCK 248, LESS THE NORTH 2 FEET THEREOF, OF THE MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 71, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA EXHIBIT A _ T ill , i 9.goo M D A0U1.FV/AA .I Ih —•' ,Si till I l . tit., : voroo ae- w 2".,me (4YT2 �� , I 1.1 (i , I I � •� � I . i� ill• Ir�•1 t � la ( I��j� � � ! . � I, ill 1 i t 1ry I II \� gb I I Il I nl i t I �� I I I I ,�ja, , �.-• , Y I ,• 4„ � �—x, „r,,,Aj it 11 t+ '+, it I . � 1 � � •.�... u. • •• �-�• . - _ _ • I�'7"I r - 1 • IS I I~ I' I lam•-.-.. .+� a X Loa . _ a r s o ..'�il �,It-�jji:3 ;l;�S+�j't t.t: plt!•t2:?::lt�� .. R . r R i ! Sl;tl �'�i,ii@➢� t?Y;e?� I IF. 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LAC4 T & H I o - J�11 i EXHIBIT D WATER AND SEWER DEVELOPER'S AGREEMENT TAMARAC Development METER SCHEDULE FOR RESIDENTIAL USE # OF ERC'S WATER SEWER TOTAL # OF CIAC FEES CIAC CIAC # OF METER FEES FEES METERS SIZE LOT # UNITS WATER SEWER Commercial 2.5 2.5 3500 1" 4500 8000 1 1" Irrigation 2.5 0 3500 0 3500 1 NA 0 Dumpster 0 1.0 0 1800 1800 Totals 5.0 3.5 $7000 $6300 $13,300 TOTAL 6 Amendment to Water and Sewer 981208 Developer's Agreement 1 DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH= 1 ERC'S (SEWER) TOTAL ERC'S 5,o (WATER) 3.5 (SEWER) AT 4" DIAMETER AT 6" DIAMETER AT 8" DIAMETER AT DIAMETER SERVED BY WASTERWATER PUMP STATION NO. 2A 3.5 ERC'S - 1.75 SITE ACRES= 2 ERC'S/SITE ACRE I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH . FLIORibA BUILDING CODE FOR THE INTENDED USE. 981208 7 J L/ Z 41 831 � SEAL 3 �7-0� P. E.# Susan C. Holland TYPE NAME Amendment ,o Water and Sewer Developer's Agreement