HomeMy WebLinkAboutCity of Tamarac Resolution R-98-122Temp. Reso. #8205 April 6, 1998 1
CITY OF TAMARAC
RESOLUTION NO. R-98--h
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 LEISURE
COLONY MANAGEMENT CORPORATION FOR THE KINGS
POINT COMMERCIAL PLAZA PROJECT, LOCATED ON THE
SOUTHEAST CORNER OF NOB HILL ROAD AND NW 77r"
STREET, ADDING EIGHT NEW METERS, CHANGING
"EXHIBIT D" AND ESTABLISHING ADDITIONAL
CONTRIBUTION CHARGES IN THE AMOUNT OF
$22,040.00; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Leisure Colony Management Corporation, developer of the Kings Point
Commercial Plaza Project located on the southeast corner of Nob Hill Road and NW 77t"
Street, (attached hereto in map form as "Exhibit 1 ") executed a Water and Sewer
Developer's Agreement on June 12, 1996; and
WHEREAS, the Engineer for Kings Point Commercial Plaza has since determined
and certified that individual meters are required for each commercial unit and has revised
"Exhibit D" of the Water and Sewer Developer's Agreement to reflect this change; and
WHEREAS, the additional meters resulted in a change of Equivalent Residential
Connections resulting in additional Contribution In Aid of Construction (CIAC) charges
totaling $22,040.00; and
WHEREAS, the developer has agreed to pay these additional charges upon
adoption of this resolution; and
Temp. Reso. #8205 April 6, 1998 2
WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement
establishes 8 new ERC's for water and 8 new ERC's for sewer and the payment of CIAC
Fees in accordance with City Resolution No. R-97-230; 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 Leisure Colony Management Corporation for the Kings Point Commercial Plaza
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 Leisure Colony Management Corporation and collect
the additional contribution charges in the amount of $22,040.00 for the Kings Point
Commercial Plaza 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 Leisure Colony Management Corporation for Kings
Point Commercial Plaza Project, located on the southeast corner of Nob Hill Road and NW
77" Street, and collect additional contribution charges in the amount of $22,040.00.
[I
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Temp. Reso. #8205 April 6, 1998 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.
PASSED, ADOPTED AND APPROVED this /3 day of 19 , 1998.
ATTE
CARD OLD, CMC/AAE
CTTY CLERK
I HEREBY CERTIFY that I have
approve is RESOLUTION as
to for
CHELL S. K
CITY ATTORNE
��- "'4 -
L JOE SCHREIBER
MAYOR
RECORD OF COMMIS.
MAYOR SCHREIBER
DIST 1: COMM. MCKAYE
DIST 2: VIM MISHKIN
DIST 3; COMM. SULTANOF
DIST 4; COMM. ROBERTS
VOTE
19
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TEMP. RESO. # 8205 EXHIBIT 1
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TAMARAC a
TAMA AC
MARKET 68 PL j/ GAR ENS
TAMARAC EA T
PLACE GARDENS
ST
i/
KINGS POINT COMMERCIAL PLAZA
FIRST AMENDMENT TO THE WATER AND
SEWER DEVELOPER'S AGREEMENT.
KPC❑MMPL.DWG
EXHIBIT 2
Temp. Reso.#8205
C�
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EML AMENDMENT
TO WATER AND SEDER
DEVELOPER'S AGREEMENT
FOR:-Kinas Point Cgmmercial Plaza
(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 called
"CITY" and Leisure Colony--Manaaement Qorporation having an address at
76Q NW 107th Avenge, Miami Flori 33172 , 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 June 12 ,19 97 said agreement recorded on O.R. Book 25318
Page 157 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)
ORIGINAL CONTRIBUTION:
Non -Residential ERC's = 12 @ $ 1.205.00 per ERC = $14.460.00
FIRST AMENDMENT CONTRIBUTION:
Non -Residential ERC's = 8 @ $1,205.0Q_ per ERC = $ 9,640.00
SUBTOTALS: ERC's = 20
961011
WATER CIAC FEE = $ 24,100.00
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CQ TN RIBUTION (5EWER)
is ORIGINAL CONTRI
BUTION:
Non -Residential ERC's = 7 @ $ 1,55Q.00 per ERC = $ 10.850.0
FIRST AMENDMENT CONTRIBUTION:
Non -Residential ERC's = _� @ $ 1,550.0,Q_ per ERC = S 12,400.00
SUBTOTALS; ERC's = �1 SEWER CIAC FEE = 12-3,250.00
TOTAL CIAC FEE _ $ 47,350.00
LESS AMOUNT PREVIOUSLY PAID = $ 25,310.00
AMOUNT OWED = $ 22,040 �00
2. Part III (A) of the Developer's Agreement is amended to read as follows:
PART III. CITY'S OBLIGATION
A. CITY'S MAINTEN8NCE QF SYSTEMS AFTER CERTAIN CONDITION
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 Utilities
Director, 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 20 ERC's of water service and 15 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.
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C,
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
Signed, sealed and
delivered in the presence of:
A'
ST:
R.
Ro . Noe, Jr.,
Cit Manager
ATTEST:
Bv:
Carol Gold, CMC/AAE
City Clerk
STATE OF FLORIDA
: SS
COUNTY OF BR,040q 21)
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: w
Joe SAreiber
Mayor
Date 130 9 F
B 1 ems. n
R Noe, Jr.,
Cit anager
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
r oc Sae�;1�FR 4-iCaAf:g T'5� I, aj-e. to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that I~ executed the same.
WITNESS my hand and official seal this -L.3 day of /17A K _,
1991 .
(3Y PV OFFICIAL NOTARY SEAL
0 e<z PHYLLIS POLIKOFF
2 n COMMISSION NUMBER
CC390392
MY COMMISSION EXP.
`�O EF',o SEPT 231998
Personally known to me, or
( ) Produced identification
NOTARY PUBLI(7, State of Florida
at Large
. h V/pto
(Narr4e of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
DID take an oath, or (�) DID NOT take an oath.
961011
3
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IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first written.
ATTE OWNER Leisu e C ony Management Co
JI-4�t
By: By-
T r
ie Name acer-�u �l (vi TYpe Name ��Ir I1�1t t I�r
orporate�S cretary President
A9,t
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF t)ADt
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State aforesaid and in the County aforesaid to ;ake acknowledgments, personally
appeared S+� and (Irace. Sa>«,e,t a to me known to be
the person(s) described in and who exec ted the foregoing instrument and -1
acknowledged before me and under oath that executed the same.
L
WITNESS my hand and official seal this day of lJ�
199 -.
alp RY ) 04 OFFICIAL NOTARY SEAL
**� 5 �Ni�itA E LEYVA
LEYVA
NUMB
NUMBER
MY CgFd!;r:�: >:;EXP.
QFC4997
(V) Personally know to me, or
( ) Produced identification
NOTARY PUBLIC, State f Florida
at Large
&ncly-
(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.
961011
4
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AFFIDAVIT S ALL RF rnmPLETED WHEN MORTGAGEE A S NOT
. APPLICABLE
ILI.11� -e r- do hereby affirm that I am the �rewt eyl f
Of I- � + �� � �� C.o I c Wtrwn r- .
and that I have ;execut� a Watir nd Sewer Developer's Agreement with the City of
Tamarac for t v 1 n f n of Glproject and that I am the owner of
the property coverbd 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.
(Signa ure)
199
This ( day of IU�� P_M
� .
STATE OF FLORIDA
: SS
COUNTY OF bP►PE
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 ✓ - Vi l e r to me know to be the person(s)
described in and who executed the foregoing instrument and -�- _ acknowledged
before me and under oath that Lk executed the game.
WITNESS my hand and official seal this day of
199 �
NOTARY PUBLIC, State Florida
L
FFICIAL NOTARY SEAL
SANDRA E LEYVA
jo,*1 NUMBER
"71
DEC. �• ?997
(V Personally know to me, or
( ) Produced identification
at Large
Sandra E. Le: ,,,
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
DID take an oath, or ( XDID NOT take an oath.
961011
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EXHIBIT A
LEGAL DESCRIPTION:
PARCEL `A' KINGS POINT COMMERCIAL PLAZA, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 146, PAGE 12, PUBLIC RECORDS BROWARD COUNTY, FLORIDA
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA.
Page 1 of 2
EXHIBIT'A'
•
10
N. W. 77TH, ST
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EL PARCIEL 'A'A' TWOS POINT COMMERCIAL PLA2A, ACCORDING TO
O PLAT 1KNEOF AS RECANWO IN PLAT BOOK I44, PAGE It
x PUBLIC REOOROS BROWARO COUNTY. FLORIDA
owFli:"A
R-2BOO'
O-Oi' 04' 40'
A-44"
SAO LANDS LYRIO N THE CTTY OF TAMARAC. BROWARO COUNTY, FLORIDA.
R- 2135-W
D- O? 3Y' 41-
A- 230.72'
TAWAIC - LUJDEP94LL
CONOIICGTIGI CF
.EHWAWS wfiT IMES
PA116[1. 'A'
KIN" POM
RECTIEATK*VA- OCSB+4[X
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PA��� OtVL Arll'
PD IISPO
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DENNIS R. POORE, Inc.
(:dOpNA ON�ce•
Ny7p wb. Raw
CO•a1 4a•-q+. Fl 7�067
Caa150—gs 0051752 1100
•n pu en + 800•00 1703
Fa• 13051 +52 +320
Page 2 of 2
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EXHIBIT D
TAMARAC WATER AND SEWER AGREEME T
DEVELOPMENT Kin s P int mercial PI
METER SCHEDULE FOR NON RESIDENTIAL -USE
ORIGINAL AGREEMENT
OF ERC'S WATER SEWER TOTAL _ NO. OF
LOT # #_OF UNITS WATER _S WER CIAO FEES CIACFEES CIAC FEES METERS
Retail 6 7 7 $8,435.00 $10,850.00 $19,285.00 7
Irrigation 5 $6,025.00 $0.00 $ 6,025.00 1
-TOTALS, 6 12 7 $14,460 $10,850 $25,310 8
-METER SQHEDULE FOR N RESIDENTIAL USE
FIRST AMENDMENT
METER
SIZE
5/8"
1-1/2"
OF ERC'S
WATER
SEWER
TOTAL
NO. OF
METER
LOT #
# OF UNITS
WAR
SEWER
CIAC FEES
CIAC FEE
CIAC FEES
METERS
SIZE
BAY 1
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 2
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 3
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 4
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 5
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 6
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 7
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 8
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 9
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 10
1
1
1
$1,205
$1,550
$1,550
1
518"
BAY 11
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 12
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 13
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 14
1
1
1
$1,205
$1,550
$1,550
1
5/8"
BAY 15
1
1
1
$1,205
$1,550
$1,550
1
5/8"
Irrigation
5
$6,025.00
$0.00
$ 6,025,00
1
1-1/2"
TOTALa
15
20
15
$24,100
$23,250
$47,350
16
N/A DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERG EACH = 0 ERC'S (SEWER)
TOTAL ERC'S 2Q (Water) 15 (Sewer)
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I1HK �U-yti WLU I U:5J AM P, 09
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER Njj!�_AT 8" DIAMETER
1� AT 6" DIAMETER Aq& AT _ DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. Al-
_, _ERC'S y LM __ SITE ACRES w 2.72 ERC'S /SITE ACME
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.
296
SEAL P.E. #
RHON ERNEST-JONES, P.E. DA E
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