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Home My WebLink AboutCity of Tamarac Resolution R-99-106Temp. Reso. #8594 March 31, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99 / 06 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 PARKWOOD AT COLONY WEST, INC., FOR THE PARKWOOD AT COLONY WEST PROJECT LOCATED ON THE SOUTH SIDE OF LAGOS DE CAMPO BOULEVARD BETWEEN NW 841h TERRACE AND SOUTH COLONY CIRCLE, ELIMINATING A 1" IRRIGATION METER AND REDUCING THE CONTRIBUTION CHARGES IN THE AMOUNT OF $3,500.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Parkwood at Colony West, Inc., Developer of the Parkwood at Colony West Project located on the south side of Lagos De Campo Boulevard between NW 841h Terrace and South Colony Circle (attached hereto in map form as "Exhibit 1 ") executed a Water and Sewer Developer's Agreement on November 10, 1998; and WHEREAS, the Engineer for the Parkwood at Colony West Project has since determined and certified that a 1" irrigation meter is not needed and has revised "Exhibit D" of the Water and Sewer Developer's Agreement to reflect this change; and WHEREAS, the change in the Contribution In Aid of Construction (CIAC) fees resulted from the elimination of a 1" irrigation meter, which reduced the cost of Equivalent Residential Connections (ERC's) from $57,900.00 to $54,400.00 resulting in a reduction in Contribution In Aid of Construction (CIAC) charges totaling $3,500.00; and WHEREAS, the Developer has agreed to pay these charges upon adoption of this resolution; and Temp. Reso. #8594 March 31, 1999 2 WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement establishes $54,400.00 in CIAC Fees in accordance with City Resolution No. R-98-136; 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 Parkwood at Colony West, Inc., for the Parkwood at Colony West 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 Parkwood at Colony West, Inc., and collect the contribution charges in the amount of $54,400.00 for the Parkwood at Colony West 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 Parkwood at Colony West, Inc., for the Parkwood at Colony West Project and collect contribution charges in the amount of $54,400.00. I 1 1 1 Temp. Reso. #8594 March 31, 1999 3 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. 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. 1 PASSED, ADOPTED AND APPROVED this day of , 1999. ATTEST' CAROL GCS , CMC/AAE CITY CLERK I HEREBY CERTIFY that I have apprgve� this RESO/�LLUTIors to fdrm.1 / A MW/krs/tk MITCHELL S.rAF CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMM MAYOR. SCHREIBEF DIST 1: COMM. POF DIST 2: ,YN MISHKII DIST 3: COMM. SUL DIST 4: COMM. ROE i � N :s Tajo u' 1 li Temp. Reso.# 8594 CITY OF TAMARAC ff INTEROFFICE MEMORANDUM UTILITIES DEPARTMENT TO: City Manager DATE: March 31, 1999 FROM: Utilities Director RE: Water and Sewer Developer's Agreement — First Amendment Recommendation: It is my recommendation that the City Commission authorize the appropriate City Officials to accept and execute a First Amendment to the Water and Sewer Developer's Agreement with Parkwood at Colony West, Inc., for the Parkwood at Colony West Project, located on the south side of Lagos De Campo Boulevard between NW 84t" Terrace and South Colony Circle, eliminating a 1" irrigation meter and reducing the contribution charges in the amount of $3,500.00. Issue: To accept and execute the First Amendment to the Water and Sewer Developer's Agreement from Parkwood at Colony West, Inc., for the Parkwood at Colony West Project. Background: On, October 8, 1998, Parkwood at Colony West, Inc., the Developer of the Parkwood at Colony West Project, executed a Water and Sewer Developer's Agreement for this Project. The First Amendment establishes the elimination of an irrigation meter and the reduction of contribution (water) charges due to the CIAC fees based on Resolution R- 98-136. The new Contribution In Aid of Construction (CIAC) Fees and Equivalent Residential Connections (ERC's) are listed below: • 1 Ir -I L J Temp. Reso. #8594 March 31, 1999 Page 2 of 2 RESIDENTIAL METER SCHEDULE LOT NUMBERS NO. OF UNITS WATER ERGS SEWER ERC'S WATER CIAC FEES SEWER CIAC FEES TOTAL CIAC FEES METER SIZE Lot 1 1 1 1 1,400.00 1,800.00 3,200,00 5/8" Lott 1 1 1 1,400.00 1,800,00 3,200.00 5/8" Lot 3 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 4 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 5 1 1 1 1,400.00 1,800.00 3,200.00 5/8P' Lot 6 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 7 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 8 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 9 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 10 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 11 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 12 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 13 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 14 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 15 1 1 1 1,400.00 1,800.00 3,200.00 5/8" Lot 16 1 1 1 1,400.00 1,800.00 3,200.00 5/8" NON-RESIDENTIAL METER SCHEDULE LOT NUMBERS NO. OF UNITS WATER ERC'S SEWER ERGS WATER CIAC FEES SEWER CIAC FEES TOTAL CIAC FEES METER SIZE POOUCABANA 1 1 1 1,400.00 1,800.00 3,200.00 5/8" TOTAL 17 17 17 23,800.00 30,600.00 54,400.00 Based on Resolution R-98-136, the additional CIAC Fees are: CIAC Fees for First Amendment $ 54,400.00 CIAC Fees for Original Agreement $ 57,900.00 Total CIAC fees owed $ 54,400.00 The Director of Utilities recommends the First Amendment to the Water and Sewer Developer's Agreement for the Parkwood at Colony West Project between the City of Tamarac and Parkwood at Colony West, Inc., be approved, executed and the CIAC Fees be collected. 0 L 7 '1 ZYv1hael Woika MW/krs/tk EXHIBIT l Cl TEMP. RESO. #8594 Y70 ST a�z 70 CT LLJ -a co u J ra= - rN 7 CY-i aLA z j v ] rW- O?a rW w / z r0 W❑❑DM❑NT ¢ WppAMpNT o Qua =o¢ o a A °° 4 o W n a. M ¢ Q W Z % z aw wz COMMONS m PLAZA l7W v < uu corn v�4 x� �3 Y Y y Y Y Y Y Y Y W MCNAB ROAD CCNC❑RD VILLAGE Y WO❑DLAND LAKES Y Y Y Y v. w w w Y Y Y Y Y �W❑� Y Y w Y Y Y Y Y Y y i i Y Y Y Y v LA y Y Y Y W W Y i Y Y Y Y Y Y TS. Y W Y SANDS POINT\��. CLUB W �\� Y LAND , SEC , 9 w W r Y V Y Y CgNNQNGgT£ HOUSE X.. N. G�4❑NY Y VrRSAILLEs L Ri W Y Q Y Y �\\ y 4 GARbENS Y LMS 2 CAMa \� W W ❑LF v' '�' Y Y Y Y Y Y p V LLAS V W W i Y O1N� Y Y YF, Y RAPTOK S � T P � S. COLONY CIR. Y Y O Y Y SPN45 P ,y AGOS Y A W Y Y y W Y Y L Y L W Y Y Y W Y i Y Y Y Y Y Y Y Y Y Y r w Y Y W W WEDGES Y Y SITE Y Y `�Y Y Y Y G❑LF C❑URSE, Loci �. Y Y W Y 1 L` \ \\ W W Y Y Y Y Y Y FAIRVIEW 1R. W W W Y Y i Y Y i \ \\ •Y Y \�\ Y Y w '� bpARDWALK APTS FAIRWAYS 61 ST BOARDWALK APTS. 61 Si 8 62 CT PL 59 ee 8 ISLEST 59 PL g LL Q i s 59 CT 59 CT ¢ a i 7 a (EDGEW TER) 61 ST i-- - / n % OD 59 ST in MAINLANDS UNIT 13 59 ST °D w , / / m ¢ a 3 m r 58 jj% 58 PL jj/ 58 PL%//%% / WATERSIDE 60 ST a PL 3 w j LJ > Lj / MAI L NDS , . UN T 1//j ¢ r, 58 w ' 58 CT /// %HEARTLAND 58 ST 0) ao 00 u� 0D // aG r /j// � `516 S /j�/ CT ICU/ ao j OF TAMARAC 57 DR w MAI L A D S U T /1 s' /i S& ST // 5Q ~ 7 �p REENHAVEN qL / / / a �/ a coON ¢ n 57 PL g 12 FAIRHAVEN 11 (n 57 PL m r m j n CD Go a m 8741-8767 OPC, BLDG r 57 ST 57 C7 57 CT NW 57TH ST • — CHE V RpN x - a 0 z COMMERCIAL BLVD. -------------- PARKW❑❑D,DWG PARKWOOD AT COLONY WEST FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT "Exhibit 2" FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: Parkwood at Colony West (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 Parkwood at Colony West having an address at 2409 University Drive, Coral Springs ,,,,,Florida 33065 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 November 10 1998 said agreement recorded on Q.R. Book 29038 Page 162 of the Public Records of Broward County, and; WHEREAS, the parties desire to modify certain terms contained in that Agreement. Is 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: L� 1. Part II (H) of the Developer's Agreement is amended to read as follows: CONTRIBUTION (WATER) ORIGINAL CONTRIBUTION: Residential # 16 Units X 1 ERC's Per Unit @ $ 1,400.00 Per ERC Non -Residential ERC's = 3.5 @ 1 400.00 per ERC = $ 27,300.00 FIRST AMENDMENT CONTRIBUTION: Residential # 16 Units X 1 ERC's Per Unit @ $ .1,400.00 Per ERC Non -Residential ERC's = 1 @ $ 1,400.00 per ERC = $ 23,800.00 SUBTOTALS: ERC'S = 17 WATER CIAC FEE = L23 800:00 981208 1 Amendment to Water and Sewer Developer's Agreement C] CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: Residential # ' 16 Units X 1 ERC's Per Unit @ $ 1,800.00 Per ERC Non -Residential ERC's = 1 @ 1 800.00 per ERC = 30 600.00 FIRST AMENDMENT CONTRIBUTION: Residential # 16 Units X 1 ERC's Per Unit @ $ 1,800.00 Per ERC Non -Residential ERC's = 1 @ $ 1,800.00 per ERC = $ 30,600.00 SUBTOTALS: ERC'S = 17 SEWER CIAC FEE = $ 30,600.00 TOTAL CIAC FEE = 54 400.00 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 17 ERC's of water service and 17 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: B �-s n Y� Robert S. Noe, Jr. City Manager ATTE By: Carol old, CM AAE City Clerk ACCEPTED BY CITY OF TAMARAC GRANT E By: Joe reiber Ma r Date: -'I/O' .9 By: I N S TC. Rob e, Jr. City Manager Date: 9 By: STATE OF FLORIDA Mitche S. Kraft, : SS City Attorney is COUNTY OF�}��: 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 JoF 5c�hrcl�cL.Ra�S-.to me known to be the person(s) described in and who executed the foregoing instrument and �tjg— acknowledged before me and under oath that executed the same. 199WITNESS my hand and official seal this IF day of e �. NOTARY PUBLIC, State of Florida at Larg 0FFICIALN3 MY5F MARIONSWPE Sc'• "-ARY PUKE STATE o 4ti115610N FXP. DF- (Name of Notary Public: Print, Stamp, ( /rPersonally known to me, or or Type as Commissioned) ( ) Produced identification Type of I.D. Produced I* ( ) DID take and oath, or ( ) DID NOT take and oath 981208 3 Amendment to Water and Sewer Developers Agreement • IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. i ATTES Type Name ,V.D Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF Broward �4111► ffin By: _li'� er.- Type Name Parkwood at Colony West, Inc. 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 Philip Leo Frybergh 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 �,` day of 1999. NOTARY PUBLIC, State of Florida at Large TERESA M. KELSON FCD 9 My Comm Ems- 10/28/2001 PU13LIIC A Bonded By Service Ins N. rr6qi871 (Name of N aIty ► or type as Commissioned) ( personally known to me, or ( ) Produced Identification 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 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT 40 APPLICABLE I, Peter Trematerra do hereby affirm that I am the President of Parkwood at Colony West Inc. and that I have executed a Water and Sewer DEVELOPER's Agreement with the City of Tamarac for Parkwood at Colony West project and that I am the owner of the property covered by said DEVELOPER'S AGREEMENT. There are no mortgages held on the property which is the subject of said DEVELOPER'S AGREEMENT. FURTHER AFFIANT SAYETH NOT. (Signature) This day of I '�-_ , 1999. STATE OF FLORIDA COUNTY 0F1Z0' j*4t SS 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 Peter Trematerra 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. 1999. WITNESS my hand and official seal this day of Q NOTARY PUBLI a e o arida at Lar �t cH t~ �MYMMSfATE O FLORIDA QN NO. CC73= (Nam IStamp, or type as Commissioned) (Personally known to me, or ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 rJ Amendment to Water and Sewer Developer's Agreement • EXHIBIT D TAMARAC WATER AND SEWER DEVELOPER'S AGREEMENT Development LOT # Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 METER SCHEDULE FOR RESIDENTIAL USE # OF ERC'S WATER SEWER TOTAL # OF CIAC CIAC CIAC # OF METER UNITS WATER SEWER FEES FEES FEES METERS SIZE 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" 1 1 1 $1,400 $1,800 $3,200 1 5/8" OF ERC'S WATER SEWER TOTAL NO. OF METER LOT � # of uNIU ZQLTgEL _SgM@ QAQ FEESf CIAQ FEE5 CIAC Fgf;S M9MRSsizE N TOTAL 981208 17 17 17 $23,800 $30,600 $54,400 17 M Amendment to Water and Sewer Developer's Agreement 7 TOTAL ERC'S 17 (WATER) 17 (SEWER) THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: N/A AT 4" DIAMETER N/A AT 8" DIAMETER N/A AT 6" DIAMETER N/A AT DIAMETER SERVED BY WASTERWATER PUMP STATION NO. 18 17 ERC'S - 1.67 SITE ACRES= 10.18 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 i P.E.# TYPE NAME 981208 7 Amendment to Water and Sewer Developer's Agreement