HomeMy WebLinkAboutCity of Tamarac Resolution R-99-001Temp. Reso. #8381, September 3, 1998 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99��
A RESOLUTION OF THE CITY COMMISSION TO
AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO
ACCEPT AND EXECUTE A FIRST AMENDMENT TO THE
WATER AND SEWER DEVELOPER'S AGREEMENT WITH
CHRISTIAN LIFE CENTER, INC., FOR THE CHRISTIAN LIFE
CENTER PROJECT LOCATED AT 2699 WEST
COMMERCIAL BOULEVARD, ADDING ONE (1) SANITARY
SEWER CONNECTION AND ESTABLISHING ADDITIONAL
CONTRIBUTION CHARGES IN THE AMOUNT OF
$14,400.00; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Christian Life Center, Inc., owner of the Christian Life Center Project
located at 2699 West Commercial Boulevard (attached hereto in map form as "Exhibit 1 ")
executed a Water and Sewer Developer's Agreement on November 26, 1986; and
WHEREAS, the Christian Life Center, Inc., 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 an additional 8 ERC's of sewer service for one
(1) sanitary sewer connection; and
WHEREAS, the current Contribution In Aid of Construction (CIAC) fees for sewer
Equivalent Residential Connections (ERC's) is $1,800.00, resulting in additional
Contribution In Aid of Construction (CIAC) charges totaling $14,400.00; and
WHEREAS, the developer has agreed to pay these additional charges upon
adoption of this resolution; and
d
Temp. Reso. #8381, September 3, 1998 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 Christian Life Center, Inc., for the Christian Life Center 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 Christian Life Center, Inc., and collect the additional
contribution charges in the amount of $14,400.00 for the Christian Life Center Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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: That 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 Christian Life Center, Inc., for the Christian Life Center
Project and collect additional contribution charges in the amount of $14,400.00.
SECTION 3: That 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.
Temp. Reso. #8381, September 3, 1998 3
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 y .3 da of
1999.
r �
JOE SCHREIBER
MAYOR
ATTEST:
CAROL4LD, CMC/AAE RECORD OF COMMISSION
MAYOR SCHREIBER
CITY CLERK
I HEREBY CERTIFY that I have
awmved this RESOLUTION as
MITCHELL S� ICRAFT
CITY ATTORNEY
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CHRISTIAN LIFE CENTER
FIRST AMENDMENT TO THE WATER
AND SEWER DEVELOPER'S AGREEMENT
TAMARAC
INDUSTRIAL
PARK
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CHRISTIc,DWG
"Exhibit 2"
FIRST AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: CHRISTIAN LIFE CENTER
(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 CHRISTIAN LIFE CENTER Inc.
having an address at 2699 West Commercial Boulevard Ft Lauderdale FL
33309, 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 , 19�, said agreement recorded on O.R. Book
Page 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:
Part II (H) of the Developer's Agreement is amended to read as follows:
CONTRIBUTION (WATER) NA
ORIGINAL CONTRIBUTION:
Residential # Units X ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = @ $ per ERC = $
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 = O WATER CIAC FEE = O
980605 1 Amendment to Water and Sewer
CONTRIBUTION (SEWER)
ORIGINAL CONTRIBUTION:
Residential # Units X
ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = 15.45
@ 1 0$ 82.00 per ERC = $16,716.90
FIRST AMENDMENT CONTRIBUTION:
Residential # Units X
ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = 8
@ 1 800.00 per ERC = $14,400.00
SECOND AMENDMENT CONTRIBUTION:
Residential # Units X
ERC's Per Unit @ $ Per ERC
Non -Residential ERC's -
@ $ _ per ERC = $
SUBTOTALS: ERC'S = 23.45 SEWER CIAC FEE = $31,116.90
TOTAL CIAC FEE = 31�,116.90
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 an additional 0 ERC's of water service and 8 ERC's of sewage
treatment plant capacity for DEVELOPER. A total of 23.45 ERC's of sewage treatment
plant capacity has been reserved for this project.
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 parry
hereto.
980605 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: tL' o 'I -- .)
Robert S. Noe, Jr.
City Manager
ATTEST -
By:
Carol Gold, C AA
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANT E
By.
Joe Schreiber
Mayor
Date: �- C
BY:
Robert S. Noe, Jr.
City Manager
Date: _ / I X—C)
Mitchell S. Kraft,
: SS UPity Attorney 1
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in ttle County aforesaid to take acknowledgments, personally appeared
.1,Pc rej bec to me known to be the person(s) described in and
who executed the foregoing instrument and 414,t acknowledged before me and
under oath that Iexecuted the same. II�
WITNESS my hand and official seal this day of J 0 ,
NOTARY PU IC, State of Florida
at Large
O p�
(Name of Notary Public: Print, Stamp,
( 'Personally known to me, or or Type as Commissioned)
( ) Produced identification
Type of I.D. Produced
( ) DID take and oath, or ( ID NOT take and oath
._.. - t31*tC1Al. NOTARY SEAL
MARION SWF.NSON
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION `O. M45213
980605 3 A eM(IF�btlft�V{�ift�d �rii eW6f . 11,70M
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first above written.
ATTEST-
By -
Type Name .1/ fi -R4 ✓�%�
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF r
1 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 to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that A-\%,e &A executed the same.
WITNESS my hand and official seal this an"A day of (�LxrAUgc, - ,
1991? .
fYP& ANA MALDONADO
COMMISSION # CC 640502
p+� EXPIRES APR 20, 2001
OF R ATLANTIC ONDING CO., INC.
(vPersonally known to me, or
( ) Produced Identification
.. -1"�n a.A.�
NOTARY PUBLIC, State of Florida
at Large
Rna M r-A�-o,na n
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I. D. Produced
( ) DID take and oath, or (✓f DID NOT take an oath.
980505 4 Amendment to Water and Sewer
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:.
By. -
Type Name/ Li/1/ r M :� . �rJ 1'►/1
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF F SS
MORTGAG Ap licable)
By:
P S � C ��✓�
Type Name vkow 111�71E �iCES
President v 7 wh
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 knowr� 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 v C v f
19901.
•-•-
"OFFICIAL SEAL"
r°' '•"
Elisa Acosta
My Commission Expires 311112000
Commission #CC 538924
(C4 Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I. D. Produced
( ) DID take and oath, or ( ) DID NOT take an oath.
980605 5 Amendment to Water and Sewer
EXHIBIT "A"
['arcel "B" of the Christian Life Center plat as recorded in
Plat Book 125, Page 20 of the official records of Broward
County, Florida.
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TAMARAC WATER AND SEWER AGREEMENT
DEVELOPMENT Christian Life Center
METER SCHEDULE FOR NON RESIDENTIAL USE BY PHASE
(Each Phase to be paid in full prior to the issuance of any Building Permits for that Phase.)
(One Unit W 1 ERC: WATER CIAC = $1.400/ERC: SEWER CIAC = $1.800/ERC)
PHASE NUMBER NA
LOT-NUMBEJU_T
NO. OF
WATER
NA
SEWER
8
WATER
SEWER CIAC
FEES
TOTAL Q&
FEES
14,400.00
NO. OF
METER
1
METER
2"
Church
Sanctua
NA
14,400.00
TOTAL
PHASE NUMBER NA
T NUMBERS
NO. OF
UNITS
WATER
ER
SEWER
E
WATER
CI
SEWER
TOTAL
CIAC FEES
NO. OF
METERS
METER
SIZE
TOTAL
PHASE NUMBER NA
LOT UMB S
NO. OF
U I
WATER
5
SEWER
C'
WATER
CIAC FEES
SEWER
CIAC F
TOTAL
CIAC FE S
NO, OF
R5
METER
SIZE
TOTAL
TOTAL SINGLE-
FAMILY
980605 Amendment to Water and Sewer
METER SCHEDULE FOR NON-RESIDENTIAL USE
Each Phase to be paid in full prior to the issuance of any Building Permits for that Phase.
ERC based on meter size: WATER CIAC = 1 400/ERC: SEWER CIAC = 1 800/ERC
PHASE NUMBER NA
There are no Non -Residential Use connections in this Phase
PHASE NUMBER NA
There are no Non -Residential Use Connections in this Phase
PHASE NUMBER NA
There are no Non -Residential Use Connections in this Phase
DUMPSTER(S) CONNECTED TO SEWER
1 ERC EACH= ERC'S (SEWER)
TOTAL ERC'S 0 (WATER) 8 (SEWER)
NA AT 4" DIAMETER AT 8" DIAMETER
NA AT 6" DIAMETER AT DIAMETER
SERVED BY WASTERWATER PUMP STATION NO.
Z3.4S ERC'S ❑ 11.86 SITE ACRES= 2.0 ERC'S/SITE ACRE
I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED
ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOU H FLORIDA
BUILDING CODE FOR THE INTENDED USE.
IT/tth
SEAL
P.E.# 311
Robert C. Smith P.E.
TYPE NAME
98W05 Amendment to Water and Sewer
Temp. Reso. #8381 CITY OF TAMARAC
INTEROFFICE MEMORANDUM
UTILITIES DEPARTMENT
TO: City Manager DATE: September 3, 1998
FROM: Utilities Director RE: Water and Sewer Developer's
Agreement — First Amendment
Recommendation:
A Resolution of the City Commission to authorize the appropriate City Officials to
accept and execute a First Amendment to the Water and Sewer Developer's
Agreement with Christian Life Center, Inc., for the Christian Life Center Project located
at 2699 West Commercial Boulevard, adding one (1) sanitary sewer service connection
and establishing additional contribution charges in the amount of $14,400.00.
Issue:
To accept and execute the First Amendment to the Water and Sewer Developer's
Agreement from Christian Life Center, Inc., for the Christian Life Center Project.
Background:
On, November 26, 1986, Christian Life Center, Inc., the owner of the Christian Life
Center Project executed a Water and Sewer Developer's Agreement for this project.
The First Amendment establishes a new sanitary sewer connection and additional
contribution (sewer) charges. The new Contribution In Aid of Construction (CIAC) Fees
and Equivalent Residential Connections (ERC's) are:
NON-RESIDENTIAL METER SCHEDULE
WATER ERC'S SEWER WATER CIAC SEWER CIAC TOTAL CIAC
AMENDMENT ERGS FEES FEES FEES
ORIGINAL 0 15.45 0.00 16,716.90 16,716.90
FIRST AMENDMENT 0 8 0.00 14,400.00 14,400.00
TOTAL 0 23.45 0.00 31,116.90 31,116,90
Temp. Reso.#8381
September 3, 1998
Page 2 of 2
Based on Resolution R-98-136, the additional CIAC Fees are:
CIAC Fees for First Amendment $ 31,116.90
CIAC Fees for Original Agreement $ 16,716.90
Additional CIAC fees owed $ 14,400.00
The Director of Utilities recommends the First Amendment to the Water and Sewer
Developer's Agreement for the Christian Life Center Project between the City of
Tamarac and Christian Life Center, Inc., be approved, executed and the CIAC Fees be
collected.
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ichael Woika
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