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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 $1,600.00. SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. 1 n J E Temp. Reso. #9426 June 13, 2001 3 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27" day of June, 2001. (;-c e, ",-X— 0_`�'12 ` JOE SCHREIBER MAYOR ATTEST: MARION 5 ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to forma ITCHELL S" K ZA CITY ATTORNEY RG/DTM/mg RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS : EXHIBIT 1 TEMP. RESO. # 9426 �SITE P.S. #2 / LOCATION r F P L PHOENIX SUBSTATION C14/CYPRESS CREEK CANAL EXXON + W WS�CJ�iCj�T� W$.� W fSti.C�ek W W W MCDONALDS W W W W W SHANGRI-LA W FOR TAMARAC q W W W W W -rRJ6 W ,� S W W �i- OQDM TOWN � W W v W W W W� � W W W W W WA ED j .>� SQUARE W W 8� Y W W W W P�ERFORD TR48 j Z NATICJNS L W W W W W W 8 e S £wppD CT /j WW 1�f d TR47ts W 1f�i yQ / O�W10BANK P, W\ j C 1` T R 49 `� W W 81 ST W 81 ST- W .L KEtWOOD �P,�F. f W PINE D W d t� 80 DR ��� q 80 rh3Q 1 ff� W W W sY W W 81 W W W W � Q n L£s ST= 80 PL OAK p W W PJ TR57 �e ��A'�DI/y i fj�� 80 CT ��"� W c" Q W D7 a 9 ST J �. i OAK C� � TR60 y' %Z/ P�($ W 1�jj1 - � ST VT W W Q W W Q 7 �+ 4 Ryb jr W W Z' •Y W co W A W W W W QQ� W / 1S ri / W W W 1­0 W U o 7/ fT W q f•/ 7o f1W W W W W W W W W NU 1`OOi�O_`� W ! J yq W Q ' W U❑LF W 6 f��j �/� P f "pc' TR58 j N W N CT flfri/�/ /f/1� W W W W W W/fj���ff, ,COURSE W �� W W /fjj/l�ffl�//1 W W W L A BANYAN Q fff/ C T W 11/1��fi�fjl//1 •//f /,/� TR63 BANYAN W W f"/ TR6?�S L I� /1f a W W W W LAND SEC. W W w*ODMONT COUNTRY W W W W .0-PN W / J J W W W W W W a 'CLUB n. W W BANYAN SOUTHGATE-VILLAGE.DWG 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: A F0I2I01 07 TRACT 4 07 FORT LAODERDALE TRVCI: FARMS SVIOMS20M OF SECTION 4. TO01117 49 309", RANGE 41 EAST, AS IECOMMO IM FLAT Roac A, FACE 31. or r3I FvtL2c REcoRDs or sxOWARD coux7v. rLORIDA. Tx:T111 WITR A .oRa:e- 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 07 230 FtZi I�ET, A CEN27J,L ANC.E Or 72'L2'S1` AND AN ARC DISTANCE OF 313.09 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. ?"hts %t ft $O- r M C A TE 06"o $i N `A 0 N 2 C3 O 3 m �I LOCATION c L 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 wine Affwn*nnnt ra WNW and SOW OrmlaWa Apra W4 14 G��0`NAGSg%0t) Di� i I MN■��M����I Y � � M � • rM .. _111 r �• � i�. - err " r _ - A ML s I , wu�11�.� .. .14M �4 y�..w F►�1,;,�"':;i NMr�� R��:'_ `■1��.�i�TM T m m fill - ■rl 11� ��.. i_ w._�__w� 11■J�r�r�M■■IMMMM� ,\ ii4 MOR IL ,�_� qw .,ate►,, yF �Fit : FIN. �,:..,;..wa sm _.rlIwo IJR,- it di ooi-1 maw �. ,,D gzgTqxa,, i ■r M M i !r■M r■ .r1e10t::��r�r.rnwrrrr U! 1 eMd 1002 Zi :hE:VT 90 of . PaM 6MP'd5\MMQ\200h0\ u G4;,1'"?"'.3' , rl/1