Loading...
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 1 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 �I J TEMP. RESO. # 8205 EXHIBIT 1 j . ROCKFORD /j TR28 TR29 / U ❑RKSHIRE z TR30 u / z WELD❑N AMA�F/E/N/W pQD jj F51TRTS /C MPL X` LAND TR27 76 EVAN ELICAL sT / COVENANT % 76 ST CHU CH i WEST LAKE VILLAS <C -� KINGS P❑INT / 75 CT ae WESTW❑❑D SALES CENTER j PINES & CLUB HOUSE i PRINGLAKE j ooq TR37 �• ji KINGS PT, PROF. PLAZA//// ST w LOCATION 74 CT p a WESTW❑O 3lb, ASHM❑NT CIR NORTH gELFpRT GAR m 95 o W. g BELF❑RT >- ASHM❑NT 73 CT BED-FGRT CIP 7 SppTW S T %% a HIDDEN TR42 �a SECTION 21 TR40 HOLLOW �`T 72 CT �ti G N❑B HILL/ �2 a jj WESTW❑❑D PLAT TR41 pl��R� // // P❑INT PLAZA N g 72 ST a, WES W❑❑D pR Q 71 ST 71 ST a o Li/ 70 PL SECTION 22 c�C r o > �- SECTI❑N 21 Q 70 CT j ESTW❑❑D 4 70 PL ON jj Li ¢ W 7 8 r WE TW❑❑D 3 ¢ u> un ~ ro CD7 ST %% ° ° m 70 ST Q T 70 ST j j 70 ST MCNAD ROAD U-,Q� 'ED' mw J & J PLAT 00 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� • 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 Wsdaamen.wpd 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. 0 961011 F Wsdaamen.wpd 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 Wsdaamen.wpd E 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 Wsdaamen.wpd 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 Wsdaamen.wpd r� • 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 rON- C43110 rsr'W TOWN7 9OR",1irw 1O4BT AF- N Or JB' 4r E 1 ZOO' d ti 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 S7ilOT11�W pO,BI'iK�� ICSlnD'�.lw 4 T101�' qN� PAR Tl�A � PA��� OtVL Arll' PD IISPO P� 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 • 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) 961011 Wsdaamen.wpd 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 961011 Wsdaamen.wpd