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Home My WebLink AboutCity of Tamarac Resolution R-99-125Temp. Reso. #8587, April 5, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99 A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH MOBIL OIL CORPORATION, FOR THE MOBIL 02-NPG PROJECT, LOCATED ON THE NORTHEAST CORNER OF NOB HILL ROAD AND COMMERCIAL BOULEVARD, ELIMINATING A 1" IRRIGATION METER AND INCREASING THE DOMESTIC SERVICE METER FROM A 1" METER TO A 1-1/2" METER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mobil Oil Corporation, developer of the Mobil 02-NPG Project located on the northeast corner of Nob Hill Road and Commercial Boulevard (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 Mobil 02-NPG Project has since determined and certified that a 1" irrigation meter is not needed and the domestic meter should be increased to a 1-1/2" meter 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 and the increase in the domestic meter, which increases the cost of Equivalent Residential Connections (ERC's) from $13,300.00 to $17,800.00, resulting in an increase in Contribution In Aid of Construction (CIAC) charges totaling $4,500.00; and WHEREAS, the developer has agreed to pay these charges upon adoption of this resolution; and Temp. Reso. #8587, April 5, 1999 2 WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement establishes $17,800.00 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 Mobil Oil Corporation, for the Mobil 02-NPG 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 Mobil Oil Corporation, and collect the additional contribution charges in the amount of $4,500.00 for the Mobil 02-NPG 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 Mobil Oil Corporation, for the Mobil 02-NPG Project and collect contribution charges in the amount of $17,800.00. 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. 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. 1 1 SECTION 6: passage and adoption. 1999. Temp. Reso. #8587, April 5, 1999 3 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 0 day of ATTEST: CAROL GO , CMC/AAE CITY CLERK I HE Y CERTIFY that I have ap ov is� ESQLU��6 to orm. MW/krs/mg MITCHELL U. CITY ATTO r JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM, pp�p DIST Z VIM ,MtSMKIN , DIST 3: CoMM. SL.IlAta DIST 4: COMN_ ii a EXHIBIT 1 • Cl C7 TEMP. RESO. # 8587 L 70 ST 70 ST T 70 ST 70 ST 70 ST F�- co > 'W MCNAB ROAD TAMARAC 8 a /%/ ~ rn ] rr TAM AC ° a Li MARKET 68 PL / gad. TAMARAC /� GAR ENS � �PLIME BAY j PLACE GARDENWEST S SEC. II i 67 CT / I.T.W. MIMA it / . WESTW❑❑D 6 7 S T W T ❑ D 2 w 66 > 66 CT % 7 s J'T c /r w w 7� S T T j / ati 96 AV ,/ CA w j W w 65 PL jj 66 ST w w w g D WOOD 1 (SPYGLASS // w w w 65 CT /// r / 94 TERR // gQ �v1F9 C� Opq� gz� / Z w w w w THE VILLAGE g 65 �VI�0D3 3 L'J / x _ r v>2 LAND S�ECw 8 W ow \\\�\\`w w w w w w WEDGEW❑❑D LN r zz C ST GOLF COURSE W (63 ST) 3 // v w w w w w w w w w w w w w w w w w w y r w W v w E w r w L SANTA RGSA DR. 61 ST 3¢ PUBLIC N. GRAND DUKE C. �+ V) z i r n J Y PATI❑ HOMES a am c m m ' 7 ru7 b Tm SERVICES a a N. PLUM BAY PKWY a a w x a z 6O ST p COMPLEX z 8z mT r W z u NORTH �j STANLEY LN. C{r irk / RED HEART LN ' f RMOSA %3� 59 Pl j _ W o - i V LANE c3 ow LANDINGS ON a W '� a CYPRESS � j w SOUTH BRADSHAW LN. / GREENS TYERMOSA �+ S. GRAND w LANE DUKE C. x a a E. PLUM W. LUM HARB HARBOR WY. 59 CT / WATERS \ \ �\ N� \\� EDGE G E V.G.C. PARK Q 3 \\ (VISUAL GRAPHICS) X GRAPHLINE w 58 m \\\x �\��\�\ THE TAMARAC z MIAMI JEWISH ST❑R❑PACK HERALD CENTER \��PEC❑RP�N 57 ST MOBIL \\ (CO RD 870) LY❑NS COMM SUB LocaTioN C7MMERCTAL DL�/D MOBIL_02_NPG.DW( MOBIL 02-NPG FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT "Exhibit 2" First AMENDMENT • TO WATER AND SEWER DEVELOPER'S AGREEMENT • FOR: Mobil Staton 02-NPG (Name of Development) This AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 881" Avenue, Tamarac, Florida 33321, hereafter call "CITY" and Mobil Oil Corporation having an address at 2255 Glades Road, Suite 444W, Boca Raton, FI 33431 , 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 O.R. Book 29038 Page 0122 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. Part II (H) of the Developer's Agreement is amended to read as follows: CONTRIBUTION (WATER) ORIGINAL CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 5.0 @ $1400 per ERC = $7000 FIRST AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 5.0 @ $1.400 per ERC = 7000 SECOND AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = @ $ __ per ERC = $ SUBTOTALS: ERC'S = 5 WATER CIAC FEE = $7000 981208 1 Amendment to Water and Sewer Developer's Agreement CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 3.5 @ 1800 per ERC = $ 6300 FIRST AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 6.0 @ 1800 per ERC = $10800 SECOND AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = @ �per ERC = $ SUBTOTALS: ERC'S = 6 SEWER CIAC FEE = $1.0800 TOTAL CIAC FEE = $17800 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 5 ERC's of water service and 6 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. C� 981208 2 Amendment to Water and Sewer Developer's Agreement • C7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below- ATTEST: - By: �� _r t-x Robert oe, Jr. City Manager ATTEST: By: Carol Gold, CMC/ City Clerk STATE OF FLORIDA SS COUNTY OF 194011,1,4-4b : HEREBY CERTIFY that on this day, before me, an officer duly authorized ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joel chreiber M or Date- By - Robert S. Noe, Jr. City Manager in the State aforesaid and In the C unty aforoaid to ake acknowledgments, personally appeared �� !�� Oaf known to be the person(s) described in and who executed the foregoing instrument and IZ24�4= acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of ��4ce-- 199?. (� Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Lar.4 - -- OFMC AL NOTARY SEAL ,DUNE A WEIM [NOTARY PUBLIC SPATE OF FLORTDA COMNMON NO.0077577AD (Name Ot Notary Public, Print,amp, or Type as Commissioned) Type of I. D. Produced ( ) DID take and oath, or ( �<DID NOT take and oath 981208 3 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. 0 ATTEST: By: , Type Name 6U,64ittF� (Corporate Seal) STATE OF FLORIDA SS COUNTY OF 3l1dc.i�1� OWNER B y 4&�= Type Name President 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 f'AtJ� �'1- C�4i�ar,/i�/'w to me known to 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 thi 199q. at Lar RICHARD R. MORRIS :.: MY COMMISSION N CC 810547 72 (Nam , d 'CU tamp, or type as Commissioned) (>C) Personally known to me, or ( ) Produced Identification i✓ Typ Wof I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 4 Amendment to Water and Sewer Developer's Agreement r-7 LJ • AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT 11911 APPLICABLE I C do hereby affirm that I am the . 7� r= rIV- , AST Of rye ca a 7-10and that I have executed a Water and Sewer DEVELOPER's Agreement with the City of Tamarac for 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. STATE OF FLORIDA SS FURTHER AFFIANT SAYETH NOT. ignature) This Z day of IoMe/ ( , 199/- • 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 C Z22L b6L cla c) to me known to 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 dam / 199,7. c at L PUBLIC, State of Florida a��ti rv''•, RICHARD R. MOPAIS := MY COMMISSION b 810547 EXPIRES: MRY 2 21103 (Na Stamp, or type as Commissioned) (14) Personally known to me, or ( ) Produced Identification 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 EXHIBIT D TAMARAC WATER AND SEWER DEVELOPER'S AGREEMENT Development METER SCHEDULE FOR RESIDENTIAL USE # OF ERC'S WATER SEWER TOTAL # OF CIAC CIAC CIAC # OF METER LOT # UNITS WATER SEWER FEES FEES FEES METERS SIZE GAS 1 5 5 $7000 $9000 $16000 1 1.5 STATION DUMP- 1 0 1 $0.00 $1800 $1800 -- -- STER TOTAL -- 5 6 $7000 $10800 $17800 1 -- 1 DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH= 1 ERC'S (SEWER) 981208 6 Amendment to Water and Sewer Developer's Agreement • • TOTAL ERC'S 5 (WATER) 6 (SEWER) AT 4" DIAMETER AT 6" DIAMETER 1 AT 8" DIAMETER AT DIAMETER SERVED BY WASTERWATER PUMP STATION NO 6 ERC'S -:- 1.34 SITE ACRES= 4.47 ERC'S/SITE ACRE I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER MET�S L ED ABOVE MEET THE MINIMUM REQUIREMENTS 5,),F' THE SOUTH FLORBUILDING CODE FOR THE INTENDED USE. , 411KIN SEAL Richard R. Morris TYPE NAME 7 Amendment to Water and Sewer Developer's Agreement flRP-02-w 1999 17 : 24 MOC P/A No. ,2X ;a M0S I L OIL EHG I HEED I 1.1G 407 997 1350 P.01/02 -10 KNOW ALL MEN BY THESE PRESENTS. That MOBIL OIL CORPORATION, a corporation organized and existing under the laws of the State of New York (the "Company"), does hereby make, constitute and appoint P. J. BEARSE, J. B. BONNEMA, P. M. CAPONIGRO, T. A. CASEY, M. J. D'AMICO, T. E. DAVIDSON, A. L. GLAESER, A. J. GIAQUINTO, W. J. HELFRICH, D. W. HEALD, D. J. HILL, T. A. HIRSCH, F. J. LINDHJEM, G. L. MARTINIS, S. P. MESTHOS, 1. MORGANO, V. H. RANKIN, W. VALENCIA, and each of them, its true and lawful attorneys for it and in its name, place and stead, to do or perform any or all of the following: 1. To make, execute, and deliver contracts for the sale of personal property, having a value of not more than $15,000, other than merchandise held for sale in the ordinary course of business, on behalf of the Company; 2. To make, execute and deliver contracts for the construction, repair and maintenance of properties of the Company at a, cost not exceeding $1,000,000; 3. To execute and file any and all instruments, documents, forms, reports and applications necessary or proper for filing before administrative or executive officers, boards, and agencies, whether federal, state, or municipal; and to procure any authorisation, permit or license from any such officer, board or agency, whether federal, state or municipal; and 4. To execute on behalf of the Company indemnification agreements forthird party costs, expenses and damages arising out of environmental conditions caused by the Company's operation of its facilities or arising out of entry onto said parties' real property to remediate any such environmental condition. Each and every power, discretionary or otherwise, herein granted to the aforesaid attorneys shall be deemed as granted to them in severalty, as of the one exercising any power hereunder has alone been appointed and named as attomey herein. This power is given in accordance with authority duly granted by the Board of Directors of the Company. HEREBY REVOKING the following Powers of Attorney heretofore granted: MOC P/A No. 2508 granted to H. ALLGAYER, T. A. CASEY, R. J. CICCOTELLI, M. J. DAMICO, T. E. DAVIDSON, A. L. GLAESER, A. J. GIAOUINTO, W. J. HELFRICH, D. W. HEALD, D. J. HILL. T. A. HIRSCH, F. J. LINDHJEM, J. J. LOYKA, G. L. MARTINIE, S. P. MESTHOS, I. MORGANO, V. H. RANKIN, D. H. STEPHENS, W. VALENCIA, R. J. WOLFF, under date of January 21, 1998. IIAR-02-1999 17 : 24 MOP— 0 I L ENG I P1EER I NG 407 997 1350 P . 02i02 IN WITNESS WHEREOF, said MOBIL OIL CORPORATION has caused these presents to be signed by an Executive Vice President, and its corporate seal to be hereunto affixed and attested by an Assistant Secretary the -/G Ir; day of June, 1998. MOBIL OIL CORPORATION B Y• M. P. Ramage, Executive Vice President ATTEST: (3- a Sr. Assistant Secretary -� COMMONWEALTH OF VIRGINIA } SS.. COUNTY OF FAIRFAX ) On the _ 1G `zday of June, 1998, before me personally came M. P. RAMAGE, to me known, who being by me duly swom did depose and say that he resides at 3225 Gallows Road, Fairfax, VA 22037, that he is an EXECUTIVE VICE PRESIDENT of MOBIL OIL CORPORATION, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. C'4 2 Lo Notary Public ENGPOA.3 0 My Commission Expires: Linda Rogers, No" Public Commonwealth of Virginia My Commission exons January 31. 1999