HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-241Temp. Reso. #9505
August 28, 2001 1
Revision 1, September 5, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-241
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 ROYAL GOLF
CLUB, L.L.C., FOR THE FAIRWAYS III, PHASE II PROJECT,
HERINAFTER KNOWN AS ROYAL GOLF CLUB
TOWNHOMES PROJECT LOCATED ON THE SOUTH SIDE
OF LAGOS DE CAMPO BOULEVARD WEST OF NW 84T"
TERRACE, CHANGING THE PROJECT TITLE FROM
FAIRWAYS III, PHASE II PROJECT TO ROYAL GOLF CLUB
TOWNHOMES PROJECT ADDING ONE ADDITIONAL
METER AND ESTABLISHING ADDITIONAL CONTRIBUTION
CHARGES IN THE AMOUNT OF $3,200.00; 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, Royal Golf Club, L.L.C., contract owner of the Royal Golf Club
Townhomes Project located on the south side of Lagos de Campo Boulevard west of NW
841" Terrace (attached hereto in map form as "Exhibit 1") executed an acceptance to
assignment of the Water and Sewer Developer's Agreement; and
WHEREAS, the Royal Golf Club, L.L.C., wishes to create a First Amendment to the
Water and Sewer Developer's Agreement changing the title from Fairways III, Phase II
Project to Royal Golf Club Townhomes Project and has revised "Exhibit D" of the Water
and Sewer Developer's Agreement resulting an additional 1.0 ERC's of water and 1.0
ERC's of sewer service for 1 additional service connection; and
WHEREAS, it is the recommendation of the Director of Utilities that this First
Temp. Reso. #9505
August 28, 2001 2
Revision 1, September 5, 2001
Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac
and Royal Golf Club, L.L.C., for the Royal Golf Club Townhomes 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 changing the project title from Fairways III, Phase II Project
to Royal Golf Club, L.L.C., and collecting additional contribution charges in the amount of
$3,200.00 for the Royal Golf Club Townhomes 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 Royal Golf Club, L.L.C., changing the project title from Fairways
III, Phase II Project to Royal Golf Club Townhomes Project and to collect additional
Contribution Aid of Construction Fees in the amount of $3,200.00.
/,
SECTION 3: The City Clerk is hereby authorized and directed to record said
agreement in the Public Records of Broward County.
1
1
Temp. Reso. #9505
August 28, 2001 3
Revision 1, September 5, 2001
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 1211 day of September, 2001.
ATTEST: 1
MARION-SVVENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
R156OLUTION as to form.
TR/DTM
ITCHELL S. K%g
CITY ATTORNEY
cz-
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _ Aye,
DIST 1: COMM. PORTNER fl gr
DIST 2: COMM. MISHKIN A e,
DIST 3: V/M SULTANOF d1 Pr
DIST 4: COMM. ROBERTS Al M
EXHIBIT 1
TEMP. RESO. #9505
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Fairways III_Phase ILDWG
FAIRWAYS III PHASE II
FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT
Exhibit 2
FIRST AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Fairways III Phase II
(Name of Development)
This FIRST AMENDMENT TO AGREEMENT, made and entered into and
between the City of Tamarac, 7525 Northwest 88t" Avenue, Tamarac, Florida 33321,
hereafter call "CITY" and Royal Golf Club, L.L.C. having an address of 2010 N.E. 214tn
Terrace North Miami Beach FI 33179 , hereinafter called "DEVELOPER"
WITNESSETH :
WHEREAS, CITY and Greystone Fairways Corp. as 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 October 9, 1985, said agreement recorded on
O.R. Book 13339 Page 592 of the Public Records of Broward County, and;
WHEREAS, The Water and Sewer Developer's Agreement has been assigned to Royal
Golf Club, L.L.C., as the developer.
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. Changing the Project title from Fairways III, Phase II Project to Royal Golf Club
Townhomes Project.
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 residence, the total number of meters, and meter sizes.
981208 Amendment to Water and Sewer
Developer's Agreement
3. Part II (H) of the Developer's Agreement is amended to read as follows:
CONTRIBUTION (WATER)
ORIGINAL CONTRIBUTION:
Residential # 30 Units X 2Z3 ERC's Per Unit @ $ 555, oo Per ERC
Non -Residential ERC's = @ $- --- per ERC = $
FIRST AMENDMENT CONTRIBUTION:
Residential # 1 Units X 1 ERC's Per Unit @ $ 1, 400.OPer 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 = 21 WATER CIAC FEE = $ 12,500.00
CONTRIBUTION (SEWER
ORIGINAL CONTRIBUTION:
Residential # 3o Units X _ ERC's Per Unit @ $ 975.00 Per ERC
Non -Residential ERC's = @ $ per ERC = $
FIRST AMENDMENT CONTRIBUTION:
Residential # 1 Units X 1 ERC's Per Unit @ $1, 800.00Per 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 = 21 SEWER CIAC FEE = $ 21, 300.00
TOTAL CIAC FEE = $ 33,800.00
TOTAL CIAC FEES OWED =$ 3,200.00
4. 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
981208 2 Amendment to Water and Sewer
Developer's Agreement
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 ERC's of water service and ERC's of sewage treatment plant
capacity for DEVELOPER.
5. All other provisions of the Developer's Agreement are hereby ratified.
6. This amendment shall become effective on the latest date of execution by a party
hereto.
981208 3 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:
r
By:
Marion Swenson, bMC
City Clerk
ACCEPTED BY CITY OF TAMARAC
GRAN EE
By:
Jo chreiber
M yor
Date: 0- /--/, c /
By: _ 7-e-q, (-,
Jeffrey L. ille
City Manager
Date: 1 0 - / c/
prgvEN as ff fo
By:
STATE OF FLORIDA Mitc IS.
Kraft,
SS City Attorney
COUNTY OF �.'���'r�
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
c- LCf16'oe"-j'foa-cry to me known to be the person(s) described in and
who executed the foregoing instrument and -77/1 V acknowledged before me and
under oath that T77-)c-v executed the same.
WITNESS my hand and official seal this )4- day ofr=-
2001 .
DAWN M. LESNIAKOWSKI NOTARY PUBLIC, 8tate of Florida
nr COMWU*N CC962198 et Lar EVIRES AUG 20 2W4 ag
UbNOiD 1MIOlKN
ANAWM M NCfWy
( �) Personally known to me, or
( ) Produced identification
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( I DID NOT take an oath
981208 �}
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:
0
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF MIAMI DADE
OWNER ,-
ROYAL GOLF A FLORIDA LIMITE
By:W��,,C,
LIAB . COMPAN
Type Name ISAf� WAGENBERG
�iAg&-�tX MANAGER
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 ISAIL WAGENBERG to me known to be the person(s)
described in and who executed the foregoing instrument and he acknowledged
before me and under oath that he executed the same.
WITNESS my hand and official seal this 15 day of August ,
20 01
( 3 Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC-, State of Florida
at Large
NOTARY PUBLIC - STATE of FLpp
CO ELLEN
51
BONOEpl'HR c 'Notary Public: Print, Stamp,
or i061fto5ammissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
981208 5
Amendment to Water and Sewer
Developer's Agreement
NICHOLAS M. DANIELS
DAVID DARLOW
MARK M. HASNER
JONATHAN FEUERMAN
ELLEN ROSE
FRED R. STANTON
City of Tamarac
Tamarac, Florida
Gentlemen:
THu RREL BAISDEN, P. A.
ATTORNEYS.&T L kw
SUNTRUST INTERNATIONAL CENTER
ONE SOUTHEAST 3Ro AVENUE
SUITE a400
Mz&w-L FLOBIDA 38131
TELEPHONE (305) 371-5758
FAX (305)371-3178
E-MAIL: admin ®tb - law com
August 21, 2001
Re: Fairways at Tamarac III Phase II
Please be advised that we represent Royal Golf Club, LLC, a
Florida limited liability company which has a contract to purchase
the subject property.
Please accept this letter as confirmation that when the
closing occurs, the existing loan in favor of Interamerican Bank
will be paid in full.
Very truly y rs,
Ellen Ros
ER:bms
EXHIBIT D
TAMARAC WATER AND SEWER DEVELOPER'S AGREEMENT
J
Development
Royal Golf Club Townhomes
METER SCHEDULE FOR RESIDENTIAL USE
# OF ERG'S WATER SEWER
TOTAL
Address # # OF
GIAC CIAC
GIAC # OF
METER
LOT # UNITS
WATER SEWER FEES FEES
FEES METERS
SIZE
3460
1
1 1
1
5/8"
3462
1
1 1
1
5/8"
3464
1
1 1
1
5/8"
3466
1
1 1
1
5/8"
3468
1
1 1
1
5/8"
3470
1
1 1
1
5/8"
1472
1
1 1
1
5/8"
;474
1
1 1
1
5/8"
1476
1
1 1
1
5/8"
1478
1
1 1
1
5/81'
c480
1
1 1
1
5/8"
;482
1
1 1
1
5/8"
;484
1
1 1
1
5/811
;486
1
1 1
1
5/8"
:488
1
1 1
1
5/8tt
;490
1
1 1
1
5/8"
.492
1
1 1
1
5/8"
494
1
1 1
1
5/8"
16
1
1 1
1
5/8"
498
1
1 1
1
5/811
500
Club House
1' 1
1
5/8"
TOTAL
981208 7 Amendment to Water and Sewer
Developer's Agreement
FROM : SERRCHITECT FAX NO. : Aug. 29 2001 03:44PM PI
LE AL DESCRIP I N:
A PORTION OF PARCELS "A" AND "R'; THE WEDGES OF TAMARAC, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 81, PAGE 23 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL "A'; THENCE NORTH
8102 F33" WEST ON THE SOUTHERLY BOUNDARY OF SAID PARCEL "A", A DISTANCE
OF 557.93 FEET TO THE POINT OF BEGINNING; THENCE NORTH 66° 25' 00" EAST, A
DISTANCE OF 143.97 FEET; THENCE NORTH 8112' 18" EAST, A DISTANCE OF 22.20 FEET;
THENCE NORTH 780 19' 54" EAST, A DISTANCE OF 49.04 FEET; THENCE NORTH 24° 20'
20" WEST, A DISTANCE OF 69,56 FEET; THENCE NORTH 040 34' 35" WEST, A DISTANCE
OF 22.00 FEET TO A POINT ON THE ARC OF A RADIALLY TANGENT CURVE; THENCE
WESTERLY, ON THE ARC OF SAID CURVE BEING CONCAVE TO THE SOUTH, HAVING
A RADIUS OF 490.00 FEET, A CENTRAL ANGLE OF 080 1648", AN ARC DISTANCE OF
70.81 FEET; THENCE ON A RADIALLY EXTENDED LINE NORTH 12° 5 F 23" WEST, A
DISTANCE OF 70.00 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID
PARCEL "A", (SAID POINT BEING ON THE ARC OF A CURVE, WITH THE LAST
DESCRIBED COURSE BEING RADIAL TO SAID CURVE); THENCE WESTERLY ON SAID
LINE AND ON THE ARC OF SAID CURVE BEING CONCAVE TO THE SOUTH, HAVING A
RADIUS OF 560.00 FEET; A CENTRAL ANGLE OF 28" 20' 10", AN ARC DISTANCE OF
276.95 FEET; THENCE SOUTH 48° 48' 27" WEST ON THE SAID NORTHERLY BOUNDARY
OF PARCEL "A", A DISTANCE OF 200.53 FEET TO THE MOST WESTERLY CORNER OF
SAID PARCEL "A", THENCE NORTH 840 36' 29" EAST ON THE SOUTHERLY BOUNDARY
OF SAID PARCEL "A", A DISTANCE OF 302.25 FEET; THENCE SOUTH 81 ° 21' 33" EAST ON
SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 27.29 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD
COUNTY, FLORIDA, AND CONTAINING 64,610 SQUARE FEET OR 1,4832 ACRES AMORE
OR LESS.
CITY OF TAMARAC,
BROWARD COUNTY, FLORIDA
ID TI LAN U
PARCEL 1: PARCEL P OF WOODLAND LAKES, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 71, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA.
REPLATTED AND ALSO KNOWN AS THE WEDGES OF TAMARAC, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 81, PAGE 23 OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA.
LESS AND EXCEPT THAT CERTAIN DECLARATION OF FAIRWAYS OF TAMARAC
CONDOMINIUM III, ACCORDING TO THE DECLARATION THEREOF, AS RECORDED IN
OFFICIAL RECORDS BOOK 10419, AT PAGE 528, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA.
AND LESS AND EXCEPT A PORTION OF PARCEL "A" AND PARCEL "R", OF THE
WEDGES OF TAMARAC, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 81, PAGE 23 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL "A"; THENCE NORTH
81 DEGREES 21 MINUTES 33 SECONDS WEST ALONG THE SOUTHERLY BOUNDARY OF
SAID PARCEL "A" AND PARCEL "P", A DISTANCE OF 557.93; THENCE NORTH 66
DEGREES 25 MINUTES 00 SECONDS EAST, ALONG THE NORTHWESTERLY LIMITS OF
PHASE 1, AS RECORDED IN OFFICIAL RECORDS BOOK 10419, AT PAGE 528, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, A DISTANCE OF 143.97 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 08 DEGREES 12 MINUTES 18 SECONDS
EAST, A DISTANCE OF 22.20 FEET; THENCE NORTH 78 DEGREES 19 MINUTES 54
SECONDS EAST, A DISTANCE OF 49.04 FEET; THENCE SOUTH 24 DEGREES 20 MINUTES
20 SECONDS EAST, ALONG THE WESTERLY LIMITS OF SAID PHASE I, A DISTANCE OF
8.75 FEET; THENCE SOUTH 66 DEGREES 25 MINUTES 00 SECONDS WEST, ALONG THE
NORTHWESTERLY LIMITS OF SAID PHASE I, A DISTANCE OF 59.79 FEET TO THE POINT
OF BEGINNING.
No Text
DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH= ERC'S (SEWER)
TOTAL ERC'S 21 (WATER) ` 21 _ (SEWER)
AT 4" DIAMETER ✓,�/% AT 8" DIAMETER
AT 6" DIAMETER AT DIAMETER
SERVED BY WASTERWATER PUMP STATION NO.
ERC'S - SITE ACRES= lffl" 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.
Lakdas Nana akkara P.E.
TYPE NAME
987208 9
Amendment to Water and Sewer
Developer's Agreement
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
UTILITIES DEPARTMENT
TO: Lynda Flurry, DATE: August 28, 2001
Purchasing/Contracts Manager
FROM: Tony Rabbat, Utilities Engineer RE: Rollover of Purchase Orders
Recommendation:
Carry forward of purchase orders from fiscal year 2001 to fiscal year 2002.
Issue:
Roll over of purchase orders from fiscal year 2001 into fiscal year 2002.
Background:
The Engineering Division of the Utilities Department is coordinating and managing numerous
Capital Improvement Projects. Most of these projects are long term and/or major projects that
require over a year to be completed.
The attached exhibit lists the purchase orders that need to be carried forward into fiscal year
2002.
Kr7,1400; 0 WN
....
Attachment
CAPITAL IMPROVEMENI PROJECT
CARRY FORWARD PURCHASE ORDERS
FROM FY01 TO FY02
Purchase
Order #
Project
Description
Project
Number
Vendor
Name
11025
Telemetry System (SCADA)
UG97A
Montgomery Watson
12664
PS # 12 & 22 Rehab.
US96D
Hazen & Sawyer
US96H
20903
PS # 9,13,25 Rehab
US97B
Hazen & Sawyer
US97C
PS # 34 Mech. Upgrade
US97K
US98A
41134
Tamarac East Util. Upgrade
US97N
Ocean Bay Const.
UW97B
41135
1 & I Reduction- FY01
US01A
Insituform Technologies
41188
PS # 12 & 22 Rehab.
US96D
Cooper Contracting
US96H
41221
1 & I Reduction- FY01
US01A
Azurix North America
41286
Telemetry System (SCADA)
UG97A
Curry Controls
41287
24" FM - 70th Street
US98B
Giannetti Contracting
41325
12" WM - 44th Street
UWOOB
Broward County
41364
WTP-Package Filter Rehab
UT01A
R.J. Sullivan
41387
Tamarac East Util. Upgrade
US97N
Winggerter Laboratories
UW97B
Inc.