HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-156Temp. Reso. #9426
June 13, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-156
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 NEW URBAN
SOUTHGATE, L.L.C., FOR THE SOUTHGATE VILLAGE
PROJECT LOCATED AT 8700 SOUTHGATE BOULEVARD,
CHANGING THE DEVELOPMENT PLAN FROM A 300 BED
ADULT CONGREGATE LIVING FACILITY TO AN 88 UNIT
TOWNHOUSE COMMUNITY, REQUIRING AN ADDITIONAL
0.5 ERC'S FOR WATER AND 0.5 ERC'S FOR
WASTEWATER AND ESTABLISHING ADDITIONAL
CONTRIBUTION CHARGES IN THE AMOUNT OF $1,600.00;
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, Irving Miller, Trustee, formerly Woodmont Gardens, Inc., the owner of
the property located at 8700 Southgate Boulevard (a copy of which is attached hereto in
map form as "Exhibit 1 ") executed a Water and Sewer Developer's Agreement on
December 23, 1987; and
WHEREAS, Irving Miller, Trustee, has subsequently sold the property and assigned
the Water and Sewer Developer's Agreement to New Urban Southgate, L.L.C.; and
WHEREAS, New Urban Southgate, 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 in additional 0.5 ERC's of water and 0.5 ERC's of
wastewater for 1 additional service connection; and
Temp. Reso. #9426
June 13, 2001 2
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 New Urban Southgate, L.L.C., for the Southgate Village 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 First Amendment to the Water and
Sewer Developer's Agreement from New Urban Southgate, L.L.C., and collect the
additional contribution charges in the amount of $1,600.00 for the Southgate Village
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 New Urban Southgate, L.L.C., for the
Southgate Village Project and collect additional contribution charges in the amount of
$1,600.00.
SECTION 3: The City Clerk is hereby authorized and directed to record said
agreement in the Public Records of Broward County.
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Temp. Reso. #9426
June 13, 2001 3
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
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 27" day of June, 2001.
(;-c e, ",-X— 0_`�'12
` JOE SCHREIBER
MAYOR
ATTEST:
MARION 5 ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to forma
ITCHELL S" K ZA
CITY ATTORNEY
RG/DTM/mg
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
: EXHIBIT 1
TEMP. RESO. # 9426
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SOUTHGATE VILLAGE
WATER AND SEWER DEVELOPERS AGREEMENT -FIRST AMENDMENT
EXHIBIT 2
AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Southgate Village, formerly Woodmont Gardens -Phase I
(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 callad
"CITY" and New Urban Southgate, L.L.C. , a Florida Limited ** having an address'
at 398 NE bth 7�v_enue. Delray Beach, Florida , hereinafter
called "DEVELOPER" ** Liab 1 G as succeso��neestd to
Irving 1bLi�r,° rt she, former y n ens,In
WITNESSETH :
predecessor, Irving Miller, Trustee,formerly
WHEREAS, CITY and DEVELOPER S entered into a Water and Sewer W -gar ens,
Developer's Agreement for the property described in Exhibit "A" attached hereto and
made a part of on December 23, 1987 , ZU , said agreement recorded on O.R. Book
15200 Page 618 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. Temp. Reso. #4881, Revised 12/23/87, City of Tamarac, Florida, Resolution No.
R-87-404, changing development plan for a 300 bed Adult Congregate Living
Facility to a 88 unit townhouse community.
2. Part VII (A) of the Developer's Agreement is amended to include the following
revised exhibits:
Exhibit "C" - A copy of the revised site plan of the PROPERTY reduced to 8 Y2 inch by
14-inch page size.
Exhibit "D" - A listing for the PROPERTY indicating the number of ERC's allocated to
Each building, the number of meters per building, and the meter sizes.
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 1 Amendment to Water and Sewer
Developers Agreement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By;
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
: SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By;
Joe reiber
Mayor
Date: 27 2-MZ
jJeiirjy iller
City Manager
Date: � _ 27,
By; r J
Mitche . Kraft,
City Attorney
COUNTY OF i�- JO ,JL' A :
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
foresaid and in the County aforesaid to take acknowledgments, personally appeared
�.r C' . ,, ��� !_7 e,rLILA � . M, LILL to me known to be the person(s) described in and
who executed the foregoing instrument and 4 acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this 2 day of
20 L .
r%
DAWN M. LESNIAKOWSKI
COMMISSION CC962198
Pupae EXPIRES AUG 20 2004
SUT E OF BONND T11R000H
hT.oRIG1 �DVANWE NOTARY
( ✓� Personally known tome, or
( ) Produced identification
Jed i
NOTARY LPUBLI , State of Florida
at Large
(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 2
Amendment 0 Water and Sewer
Developeea Agreement
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and "
year first above written.
ariy�'by°ewger6 LCI'I�rrm iu'e �oMnd1 �1,il_
ATTEST: Developer -OWNER corpora io get,
B By: n . T
Y
Type Name V�4m n ` yp Tim He dez, wee- F'= -
I� �Ci��� T e Name
Corporate Seere" 6j."_ 1
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
'j��
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 - to me known __ a the person(s)
described in and who executed the fo , g instrument and cknowledged
before me and under oath that executed t�same.
WITNESS my hand and offici seal this^day of .
20.OL. /
a (- b o o Co
j ("1anagC IJE, a,an ,i
Sav�h�a ; L,L-C
.� Kathleen G Clark
* *My Commission CC838293
'.,, ,, Expires June 11 2003
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
NPersonally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
981208
3 Amendment to Water and Sewer
Developers Agreement
AFFIDAVIT SHALL -BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
Tun Hernandez,V.Pres- of New Urban colYn=iti_es co a �l rich corporation,
X ew Ur�an is
I, do hereby affirm l�at the a er
Of New urban south ate L.L.C. and thate executed�a Water and
Sewer DEVELOPER's Agreement with the City of Tamarac for an amendment to
the Southgate Villaroject and that A / m the owner of the property covered by said
DEVELOPER'S AGREEMENT. New Urban Southgate , L . L . C . is
There are no mortgages held on the property which is the subject of said
DEVELOPER'S AGREEMENT.
FURTHER AFFIANT��TH NO
G
ianature
This -Z d f c,� v i 7 e. _, 20jQL
STATE OF FLORIDA
-, : SS
COUNTY OF I
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the Coun�y aforesaid �to�takp�kn led mints, personIlya
appeared-7 E� �/P Uew �a��"fo m known toeiee�'sbs)
N�
described in and who execute the foregoing instrument and �. -acknowledged
before me and under oath that . - executed the same.
WITNESS my hand and official seal this day of J. --
20f4.
Kathleen G Clark
*My Commission C=382A3
'�.�' �!f^,�a Expires June 11 2D03
( `,Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
&'CAO'PUBLIC, 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.
ld81208 4 Amendment to water and Sewer
Developer's Agreement
DlSC117TIAM:
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4. TO01117 49 309", RANGE 41 EAST, AS IECOMMO IM FLAT Roac A, FACE 31.
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or TIAC: I1 OF FLOE:9A rizi L"las coxzA" SUsDYoLSION No. 2. OF STCTICD
33, IOOKSR2? 44 SOL:a, RANCZ 41 EAST, AS RECORDED IN PUT 2009 1. TACt
102, OF TIE FVRLIC RECORDS OF PAW lZACR COVXTT. rLORIDA. An A ro=,Zg OF
SIC, :ON 32, TOWSHI7 4S SOS, RANGE 41 W—., sEINC MORE rARTICVUILT
DISCIL'ID AS FOLLOUS:
COMY.S."=C AT THE RORT'NWEST CORNER OF SAID SEC -.'ION 4; TNENCL OM A GRID
SIARISG OF SOVTH 91*11'39' EAS?, ALONG TEE ■oxrH LINE OF SAID SEC l t. A .
D:STAsCE OF 306.60 FIE: TO TIE 702E: Or 11CIlSIM Or THIS DESC=IMoI;
+1 Xl r;ORTR 1'34'14• WEST, A DISTARCt or 22.09 MT. TRENCE
NORTH 19'01'14' EAST. ALONG A t= WALUTL VT2Z AND 216.00 FEET SOOTR OF.
AS 1&—AS'vl= AT RICIT ANCUS TO tRE S00:3 RIM -OF -MAY LINT OF C1tQ C-14
OF CI."ML AND SOOT; FI.ORYJA FLOOD COr ROL DIS:EICT, A DISTANCE Or 639.41
F=:; T--SCE SOUR 1.34'14' EAST. A DIS:ANCt Or 631-00 FEET TO At
4NTE1SZC:ION VTTI THE ARC OF_A CIRCCLAI CCR� TO THE RICRT. WHOSE L&DYVS
S00T3ZlLS AND IS WZSTZRTS IX•ALONG TRtSARCFROM SAID CURVED RAYING RADIOS
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FINS TO TIE POINT OF TAAC*wCT; THENCE NOM 71'10'34' W ST;. A DISTANCE OF
379.33 FEET, TEE LAST TWO DESCx27ED COURSts sEINO CO2RCIUMM WI22 THE
3021MUT OF TRACT 'A'. AS SROW OH Tit FLAT OF LAND SECTION 4 COLT Conn
FLAT, AS RECORDED IN FLAT ROOK $S. rAGE 20, OF THE FOLIC RECORDS OF
RROVARD COUNTY, FLORIDA. TRIRCE NORTR 1*34,14" VEST. A DISTANCE OF 367.04
FEET 27E FOIRT OF RICIR'RYNC, CORTA-UtING 7.026 ACRES, MORE OR LESS.
SAID WEDS SITUATE LYING 4ND REI110 IN THE CITT OF TAHARAC. IROVAJD COM=j
FLORIDA.
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EXHIBIT A
91
L4i�LL_JU
TAy ARAC WATER AND SEWER DEVELOPER'S AGREEMENT
Development
Southgate Village, formerly Woodmont Gardens --Phase Y
METER SCHEDULE FOR RESIDENTIAL USE
# OF ERC'S WATER SEWER TOTAL
# OF CIAC CIAC CIAC *OF METER
LOT # UNITS WATER $MWR FEES FEES FEES METERS lg ZE
1-88 88 88 88 $92,312 $125,312 88 5/8"
Cabana 1 2.5 2.5 $2798 $3748 1 1"
Total ERC's: water: 90.5
sewer: 90.5
Total Fees: water: $95,110
sewer: $129,060
Total= $224,170
Paid ERC's: water: 90 (per Developer's Agreement dated 12/23/87)
sewer: 90
Total Fees
Paid: water: $94,410
sewer: $128,160
Total Paid: $222,570
Balance due:
ERC's: water: 0.5
sewer: 0.5
Fees due: water: $700
sewer $900
Total due: $1600
Note: First 90 ERC's figured at previous rate; 0.5 ERC figured at
current rate.
i%lIGIR
9812M 5 Amendment to Water and Sewer
Developer's Aprewrwd
o DUMPSTER(S) CONNECTED TO SEWER
0 1 ERC EACH= ERGS (SEWER)
TOTAL ERC'S 9 0.5 (WATER) 9 0.5 (SEWER)
AT 4" DIAMETER AT S" DIAMETER
AT S" DIAMETER AT _ DIAMETER
SERVED BY WASTERWATER PUMP STATION NO.
Net
90.5 ERC'S !, 6 . �___ SITE ACRES=_ i 3 .. i 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.
SEAL P.EM % / 7,9
TYPE NAME : Peter Acluart
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