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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-234Temp. Reso. #8351 July 30, 1998 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98 ,,,q 3 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 LENNAR HOMES, INC., FOR THE SOUTHAMPTON PROJECT LOCATED ON THE WEST SIDE OF NOB HILL ROAD BETWEEN NW 7157 PLACE AND NW 80T" STREET, CHANGING THE METER SIZES AND ESTABLISHING ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $183,785.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc., developer of the Southampton Project located on the west side of Nob Hill Road between NW 7111 Place and NW 80' Street (attached hereto in map form as "Exhibit 1 ") executed a Water and Sewer Developer's Agreement on March 26, 1996; and WHEREAS, the Engineer for the Southampton Project has since determined and certified that 3" meters are 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 (CIAO) fees resulted from Resolution R-98-136, which increased the cost of Equivalent Residential Connections (ERC's) from $2,755.00 to $3,200.00 resulting in additional Contribution In Aid of Construction (CIAC) charges totaling $183,785.00; and WHEREAS, the developer has agreed to pay these additional charges in phases upon adoption of this resolution; and Temp. Reso. #8351 July 30, 1998 2 WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement establishes an addition $183,785.00 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 Lennar Homes, Inc., for the Southampton 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 Lennar Homes, Inc., and collect the additional contribution charges in the amount of $183,785.00 for the Southampton 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 Lennar Homes, Inc., for the Southampton Project and collect additional contribution charges in the amount of $183,785.00. SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. Temp. Reso. #8351 July 30, 1998 3 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 day of 1998. ATTEST: fCAROL"40LD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have ap ve,. d this RESOLUTION as / r MITCHELL S. KIkI CITY ATTORNEY TR/dav/tk JOE SCHREIBER MAYOR RECORD OF COMMISSIO VOTE MAYOR SCHREIBER DIST 1: COMM. McKAYE ' DIST 2: V/M MISHKIN 17/4 DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS July 27, 1998 - Temp. Reso # 8350 3 Revision #1 - August 13, 1998 Revision #2 - September 2, 1998 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 award the contract for lot cutting and related services. 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 first of three (3) one-year renewal option periods with Garden of Love Nursery, Inc. for lot cutting and related services is hereby approved and that all appropriate officials are authorized to execute the contract between the City of Tamarac and Garden of Love Nursery, Inc. (attached hereto and incorporated herein as Exhibit "A") for the renewal period beginning October 1, 1998 and ending on September 30,1999. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. City of Tamarac, through its Mayor, and Garden of Love Nurse Inc. through its PRESIDENT, duly authorized to execute same. ATTEST: Carol Gold, C/AAE City Clerk Date: CITY OF TAMAR C By: e Schreiber, Mayor D e: 9 By � - " I, Robert S. Noe Jr., City Man ger Date: q1 i `t �q� 0-0 Garden of Love Nursery, Inc. Company Name Alfred Taylor, President Date:. LI PASSED, ADOPTED AND APPROVED this ATTEST: U � CAROL GOLD( MC/AAE, CITY CLERK I HEED Y4ERT'FY that I have ApprovesRES%UTION TO FORM. MITCHELL S. KRAFT, CITY TTORNEY Temp Reso. #8319 June 22, 1998 Revision #1 September 2, 1998 C T day of; ,.( 01998. , , "% ew"- / �E SCHREIBER, MAYOR