Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-98-370Temp. Reso. #8481 Page 1 December 11, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98 -.3 %O A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO REFUND TRAFFIC SIGNALIZATION IMPACT FEES PAID TO THE CITY BY SUTTER CONSTRUCTION CO., INC. IN THE TOTAL AMOUNT OF $10,000.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution 83-56 adopted an agreement with Sutter Construction Co., Inc. accepting payment of traffic signalization fees in the amount of $10,000.00; and WHEREAS, based on Ordinance 98-6 and discussion at the City Commission workshop of October 27, 1998, all developers are eligible for traffic signalization fees refunds as long as they do not have an actual written agreement to the contrary, including those without an agreement; and WHEREAS, Sutter Construction Co., Inc. has requested the refund of their traffic signalization fees in the amount of $10,000.00, and there is no written agreement to the contrary (See Attachment Exhibit 1); and WHEREAS, the City Manager and Director of Finance recommend the refund of the traffic signalization fees in the amount of $10,000.00; and Temp. Reso. #8481 Page 2 December 11, 1998 1 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 refund the traffic signalization fees. 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 is hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to refund traffic signalizaiton impact fees paid to the City by Sutter Construction Co., Inc. in the total amount of $10,000.00. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. Ll Temp. Reso. #8481 Page 3 December 11, 1998 I SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of Ae"Z", 998. )EnSSC--HzR&EIBE—R, �—MAYOR ATTEST: CAROL GOLD,(dMC/AAE IH X CERTIFY that I have r)r ed this RESOLLA ION as to form. 1 RECORD OF COMMIS. MA"MR SULTANOF DIST 4: CITY OF TAMARAC IJ n T;" `1, EXHIBIT 1 DATE: Reso. #8481 • L' REPORT OF COUNCIL ACTION TO: Sutter Construction Co- Inc- 13431 S,W, 16rh 22urt Ft Lauderdale Florida 25 Sutter Construction, Inc. Camrcia Bldg. - Discussion & possible action on: SUBJECT: a) Site plan - Temp. Reso. #2641 Landscape p an- c) Water and sewer Devel s Agreement d) Water Retention -Agreement e Off -site Drains a F1 sin -#2642 f) on -site Utility & Drainage Flow-Thru Easements - Temp. Reso. #2643 (to be located on the west side of Univ. Dr. betw. Concord V.& Fishbowl Rest.) DM OF MEETING: 3-9-83 ITEM No. 26 - w Approved xY Denied Tabled - Legislation (if any) Resoluticns: #83-56_ #83-57 COMMENTS: #83-58 The City (ouncil approved the subject site plan by the Adoption of'gesolution No. 83-56 as red -lined with the following changes: 1) The wall was reduced fran 4 feet to 3 feet high. 2) The north end of the curbing will be a larger return. 3) The sodded area on public property will be Bahia grass. The landscape plan was approved with "Bahia" included as the type of sod. The Water & Sewer Developers Agreement was approved as amended by the City Attorney. The Water Retention Agreement was also approved. The off -site Drainage Flora-Thru Easement was accepted and approved by the adoption of Resolution #83-57. The on -site Utility & Drainage Flow-Thru Easements were accepted and approved by the adoption of Resolution #83-58. The following fees were received by the City Council during the meeting: _ $10 000.00 - Traffic Light Donation for N.W. 61 St. 2,380.00 - Drainage Retention 174.20 - Drainage Improvements 5,062.50 - Water & Sewer Connections 17, 16.70 - Total Fees Received The Council agreed, in view of your $10,000 traffic light donation, to support you in requesting that Broward County reduce their required impact fees. If you have any questions concerning this matter, please contact me. cc: Mayor and Council City Manager City Attorney Chief Building Official City Planner City Engineer Finance Director Irene Adams Anthony A. Nolan Sheila Wolken a - Carol A. Evans Assistant City Clerk 1 2 3 A 5 a 9 10 11 12 13 14 15 16 17 '9 J 21 22 23 24 25 26 27 28 29 30 33 34 35 36 Introduced by__ Vice Mayor Massaro CITY OF TAMARAC, FLORIDA RFS=1CM NO. - 3 - Temp. Reso. # 2 641 A RESOLUMON ISSUING A DE.1)ELOPMENT ORDER FOR 711E Surly OONSTRUC'Tiota INC. Mc RCIAL BOILDMG PRWECP. DF%nM R4EW ORDER 3I0. 0 5 3 A14D PRWIDING AN EYFECrIVE DATE. M EFTS, pursuant to the instructions of the City Co;mcil of the City of Tamarac, Florida, a public meeting has been advertised in accordance with applicable law of the date, time and place of the meeting regarding the review of the applica-- tion•for a develomient order by. the applicant for development approval; and WHUMAS, the City Council has examined and investigated the application, staff and Planning Ccrtmission recommendations, and the attached Developnent Review Status Sheet dated 2/9/83 ; and H ORFAS, the City Council reviewed the development order and acccupanying documents at a public meeting; and hHnEA.S, the City Council has deterr►ined that the application is in cocr- pliance with all elements of its Comprehensive Plan, or will be in compliance prior to the issuance of a Certificate of Occupancy for any unit on the develop ent that is the subject of the application. IM, THEREFORE, BE IT RESOLVED BY TIIE COMCIL OF THE CITY OF TAPW AC, 403,14 SEGTion 1: That the development described on the attached development rev: status sheet dated 2/9/83 is granted a development order to proceed subject to the following conditions: A. Construction is to be in complete compliance with the plans and spec- ifications sukmitted by the developer to the City of Tamarac as described in Section II of the Development Review Status Sheet and approved engineering drawings, B. Commencement of construction shall be no longer than one year from the date of this approval. If the development does not commence construction within one year, this approval is null and void unless an extension has been granted in accordance with applicable regulations. C. The development order is assignable, but an assignment does not discharge any assignee from strict carrpliance with the order unless the City Council consents to modify any of the original requirements. .-._ _. A_. Temp. Reso. i 2641 1 • • 1 2 3 4 5 S 7 8 9 1D 11 1" 14 15 16 17 D. Additional conditions established in order to issue the developnent order are set forth as follows: 1 - The wall is to be reduced from 4-feet to 3-feet high; 2 - The north end of the curbing to have a bigger return; 3 - The sodded area on public property must be Bahia grass. SECTICN 2: Should any section or provision Of this developnent order be declared by a court of competent jurisdiction to be invalid, the City Ca =il shall La= ine if the other portions of the order remain valid or whether the approval shall be null and void. SE=CN 3: This development order as conditioned shall became effective immediately upon passage. pASSED, ADCpTFD AND ApprMED this 9th clay -of March , 1983. f 20 71 ATTEST: ..L. 1ThNr CITY C1XRc Lj I HEREBY FY that I have 24 approved the fcx� and correct- ness of this clution. ,a t L CITS! FII�Y 28 29 -^ 13.1 33 34 35 36 MAYOR RECORD OF COUNCIL VOTE MAYOR, DISTRICT DISTRICT DISTRICT DISTRICT r� LJ • 5811 NORTHWEST 88TH AVENUE TAMARAC. FLORIDA 33321 TELEPHONE (305) 722.5900 DEVELOPMENT REVIEW STATUS SHEET MEMO / DATE 2 053 prig. Dev. r er devised Dev, Order Project, $llTTFR,CONSTR LDING Marter File # 19-82 Fish Bowl Restaurant Location —kpst side Ifni versItY—Dr me betweer,Concord Village-and_tysa,/__ Developer O►rner Zoning 8-1 Acres, 1.34 Recommended D6te for Council Action 3/9/83 Future Land Use Designation --Commercial Proposed Use Office/Retail stores DEVELOPMENT ORDER FOR: Final Site Plan x I. STAFF APPROVAL DATES: City Planner City Engineer Chief Building Official Fire Chief Finance Director Final Plat Revised Site Plan Final S #e P a Final Plat Revised Site Plan a�/_k3. II. PLA4N1NG COMMISSION RFCO:LIENDATIONS: APPROVAL or APPROVAL WITH CONDITIONS/bate 2/16/83 DENIAL/Date Final Site Plan dated Rev 2/9/83 Final Plat dated Rev Revised Site Plan dated Rev Planning Commission finding of compliance with Certified Plan: III. FINAL ENGINEERING DRAWINGS: APPROVAL/bate I APPROVAL AS REDLINED/Date 2/24/83 DENIAL/Data Comments See attached • • Page 2 DEVELOPMENT REVIEW STATUS SHEET N. • ti rIV. LANDSCAPE PLAN: Staff Action APPROVAL ' APPROVAL WITH CONDITIOHS.,y.,_ DE!IIAL Date 7/6/82 Beautification Committee Recommendation -Date: 7 12 82 APPROVAL APPROVAL WITH CONDITIONS I DENIAL BROWARD COUNTY DEVELOPMENT REVIEW Ct"41TTEE REPORT: '(If app ica e Date Comments -Platted as CAUSEWAY TAMARAC PLAT (107/19) Developer to submit comments from B.C.Development Review Commi VI. DEVELOPERS AGREEMENTS/FEES (Where applicable): SUMMARY A. Water and Sewer pgvelover Agreemeal City Engineer Approval/Date City Attorney Approval/Date B. Other Develo ent A reemen (Covenants, Stipulations, etc.) .QaT-76T Utility Easement on north side of property b fire hydrant easement c) flow through easement 2) ' Council to.approve off -site drainage easement C. Drainage Retention Fee Amount 2.380_OD _ 5% Required/Acres 0.068 Provided _n_ Deficiency/Acres 0.068 X $35,000/Acre D. Drainage Improvement Fee Amount $ 170.21) .— Project Acreage 1.34 X $130/Acre E. Water 6 Sewer Contribution Charges Fee Amount $ 51062.50 Number of ERCs (Water) 5 _ i° $525.00 (Sewer) 211 @ $975.00 F. ERC Review Fee, if more than 10 ERCs - Fee Amount S N/A G. Local Parks/Recreation Fee Amount $ Acres Required Provided $/Acre X Deficiency/Acres H. Engineering Fees Fee Amount $ 5.501.72 I. Jonds Bond Amount S 24.447.00 Date: Approved by City Engineer _�_ City Attorney J. On Site Beautification 6Q6.15 (Fees to be paid at time of building permit issuance) 7 • Page 3 Memo DEVELOPMENT REVIEW STATUS SHEET F ENT REVIEW REQUIREMENTS: ble water Service ification of City Engineer or Consulting City Engineer of lability of Service: LABLE X - WILL BE AVAILABLE NOT AVAILABLE Comments B. Wastewater Treatment and Disposal Service Certification of City Engineer or Consulting City Engineer of Availability of Service: AVAILABLE X,._ WILL -BE AVAILABLE NOT AVAILABLE Date Comments C. Solid Waste Disposal Service Determination of Availability of Service: AVAILABLE X WILL BE AVAILABLE NOT AVAILABLE Date Comments D. Drainage Adequacy Certification of City Engineer or Consulting City Engineer of Adequacy of,Drainage: ADEQUATE WILL BE ADEQUATE X NOT ADEQAUTE Date Comments E. Regional Transportation Network Compliance with Minimum Standards: COMPLIES WILL COMPLY L DOES NOT COMPLY Date Comments F. Local Streets and Roads Compliance with Minimum Standards: COMPLIES X WILL COMPLY DOES NOT COMPLY Date Comments G. Fire Protection Service Compliance with Minimum Standards: COMPLIES X WILL COMPLY 'DOES NOT COMPLY Date Comments H. Police Protection Service Compliance with Minimum Standards: COMPLIES X WILL COMPLY DOES NOT COMPLY Date Comments I. Local Parks (Parks and Recreation Facilities) N/A Land D ication Required/Acres Provided Cash in Lieu of Land Gross Acres Max. X S /AC - $ �—�— J. ,chool Sites Compliance with the Standards of the Broward County School Board: SCHOOL SITES NEEDED FOR ELEMENTARY SCHOOL NOT NEEDED It of it It MIDDLE SCHOOL NOT NEEDED if if is " HIGH SCHOOL NOT NEEDED Letter from School Board Dated ._ Page 4 • • 0 DEVELOPMENT REVIEW STATUS SHEET VIII. PROCESSING FEES (PAID)_ Site Plan Review: $ __ _ 600.00 (resubmitted 2/2/83) $600.00 Revised Site Plan: $ Plat Review: $ Schematic Eng.: $ 450.00 Other: ' $ ... - STAFF COMMENTS: .•+osed development is/in general conformance with Tamarac's Land Use Plan Element and recommends: Adoption of Development Order # 0� 53 Master File # , 14-82 For: SUTTER CONSTRUCTION COMMERCIAL BUILDING Project subject to the requirements included in the Report and the following conditions: Developer has expressed a willingness to donate $10,000.00 for a traffic light at NW 61 St. and University Dr. 1. Council to approve on -site easements and keep in excrow until property is acquired. a) 10' Utility easement on north property line b) fire hydrant easement c) flow through easement 2. Council to approve off -site drainage easement INDE NIFICATION HOLD HARMLESS AND R1rLEA E FORM �okt i C°nt, tioniof (hereinafter. "Refundee") for and In.! Y'eiceiving from Ahb City of Tamarac (hereinafter "City") a refund of a pertormance I b4rgd(*)'paid to CO3'hereby statics the,followln i �(Th<'�gh:the pa af, Resotu�gn No, i the City Cofrlmission of the C• :Tart�aracauth�orized;#n6 refund ofca erforrnance bonds referred to # °f P { as, 20 a i paid by Refundse ono.�� in the amount of o n Refer ' 0 'acknowledges receipt: of said refund and acknowledges that ithe full amo ! i j refNitdpd by City.. ; ; unt has;.been R ` I I .� I n lee; shall iit nine and h+dld the City, Its officers, employees 'wind agents harmless and ; .deb the [Ci4y, its: officers, emoloyees and agents from any and atl ct tms, causes of actio n in 1 f, 3 f v 1, ri eq ty, ida raegsS, .liab�tityk and expianses, including ,attorneys fees, resulting from, at 'ou> , �or'acctunng'in �clDnztiection(v�ith thre perfarmanc+e Viand desrritaed ebo e i =- r Yh -signing below for Refurdee acknowledges and warrants that he/she ` By, bnty� ey Refulldiiee.to sign onibpehalf of and bind Refundee to the terms f • has been given Foidj Hanrless arid iReiease Focrtr. 4 this Indemnification, I ' •t i �� i I ' 'I I li + I •;1 il � By, I 1 •� , ' 1 � ' I. i, r i i;I. I �, I r + 1 4Siqn"' Nab TitW 3si 32z Company, Address and Phone STATEiOF GOop/9-- COuIN lyI.QF i; the+ pionallj► appeared I de i r0 cd kn, fo rrte to' be the person, described in or wh� aiion: o produced identification (type of and who executed the foregotng instrument, :and ;;ackrro'w{?eldged to and before me thaat he/she executed said in ment for the purposes therein 'exprsss+ed: � •;�,;�'. ,; WITH 8et�e ,T*,Mpd and• o ficial seal! this da of I! ggg I My COMMISSION M CC6M7 EXPIAES / I r� Much 2. h INSURANCE, °`,.�• , i oDHDED i}MIU iNDY FAIN INC. iof pub 'to Of_� J ' i I lily COmmis510n' ex Ire /,/42 = v P s: 'i ° / not or Type Name of Notary j ©td Did Not „_take an oath. 1 Garman Dr. o e Nsville,Virginia 20181 -2734 Attn: Mr. Tim Hemstreet Dept: City Manager Tamarac, FL Fax: (954) 724-2454 Dear Mr. Tim Hemstreet: Phone:(703) 594-3100 Fax:(703) 594-2187 Request For Release Of Bond Dated: July 8, 1998 We believe all necessary work, permits, stabilization, etc..., have been completed on the project known in your files as: File: Sutter Construction Company Inc Project: University Square/ Project Number:830312 Bond Type: Traffic Signal Bond Date: March 10, 1983 Receipt #: • If this not the case, please forward a list of any nonconforming or not completed items to us for attention. Otherwise, Please refund the deposit held by Tamarac, FL in the amount of $10,000,00 plus applicable interest to: Sutter Construction Company Inc Attn: Mr. Roger Sauder 4600 N W 9Th # 1 Plantation, FL 33317 Please Consider this request for any additional funds held by you for this developer with exception of any active construction. It is our intention to have all funds returned to the developer. Please inform EJD Associates III, as agent, of refund date and of all other correspondence, by carbon copy. If you have any questions concerning the above, please feel free to call me at (703) 594-3100. Sincerer, Jerald . Jacobs D sociatg.v.Illlnc. Agent for Sutter Cons ion Company Inc Corporate Inquiry Menu http://ccfcorp. dos.state.fl. us/cgi-...CHR&Menu=COR &txtSearchString=370820 Corporate Inquiry Menu: . Please select an inquiry type from the list below, then enter a search key in the search field. Press SEARCH to begin the search. Inquiry by: 7/08/98 CORPORATE DETAIL RECORD SCREEN 2 Corporation/ NUM: 370820 ST: FL INACTIVE/FL PROFIT FLD: 10/06/1970 Trademark Name LAST: INVOLUNTARILY DISSOLVED FLD: 11/04/1988 Officer / Registered Agent Name FEI#: 59-1306691 Re 'sieved t NAME . SUTTER CONSTRUCTION INC Agen g� , t Name NH: 1 "r Trademark Owner Name PRINCIPAL: 4600 NW 9 CT CHANGED: 02/ FEI Number ADDRESS PLANTATION, FL 33317 ' Document Number RA NAME : SAUDER, ROGER NAMI CHG: 04/ Trademark Name RA ADDR : 6261 SW 5TH ST ADDR CHG: 04/ PLANTATION, FL 33317 'Search String: ANN REP : (1985) 1 03/07/85 (1986) 1 02/28/86 (1987) I '02/10/ HomePale Officers Events Names ----w THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLI Document Image w f 0 Y� CID Officers Events Names ----w THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLI Document Image w f 0 Y� CID DOC-17--98 00!S3 J_E.JACOSS 703 594 2187 INDEMNIFICATION BOLD HARMLESS AND RELEASE FORM E &Her Construction ComRjjnj Inc (14ercina.ftcr "Refundee") for;and in consideration of receiving from the Citv of Tamarac (hereinafter "City") a refund of a cmh Bond(s) in the amount of S10�0, posted on 03 10183, for Traffic light bond, paid to ate City, and hereby states the following. Rcfundm's corporation was administratively dissolved on 11/04/88 Roper Sauder who held the office of Director Pngsirlent, is authorized to act on behalf of the dissolved corporation_ Refundec and Roger Sauder, personally shall indcamify and hold the City, its officers, employees and agents harmless and defend the City, its officers, employees and agents from any and all claians, causes of action in law or equity, damages, liability, and expenses, including attorneys fees, resulting, from, arising out of or occurring in connection with the cash bond describe above. By signing below Romer Snudt r_acknowledges and warrants that he/she has been given authority by Refundcc to receive the assets of the dissolved corporation and bind Refundec to the terns of this Indemnification, Hold Harmless and Release Form_ Said Cash and refund should be made payable to Mr. Roper Sgvde and trailed to lMr.• Ro er Sauder, 4600 N W 971 Ctmrt Suit #1 , Plantation FL 33317. By �Lz4 1,, a,� " ipature `amu (Mnud or ,spa) Mr. Ro er Sauder Company 4600 tit W 9ni Court Suit 01 Addrem Ponta*ion, FL 33317 City. State. Zip (954) 594-6723 Phone.Number STAIT OF F r D/I COUNTY OF LeA Before me personally appeared Ko "- r u d e r' to me well known and known to me to be the person described in or who produced identification (type of identification: FL i) 4� ) And who executed the foregoing instntment, and acknowledged to and before me that he/she ex;,cutcd mid instrument for tic purpose therein oxpressed. WITNESS my hand and official scat tads —Z2--day of 1ZC C 19�. Natvv Public, state of My commission expires: Did Did Not , - take an oath � � P L , " S 3 (,o -7� / `! " a - 7 Print or lvpe Name of Notary OFFICIAL NOTARY L MARION SWENSON NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC605213 MY COMMISSION 1 XP. DEC. 1:; ZVO P.02 P C] CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCE DEPARTMENT ADMINISTRATION DIVISION TO: CITY MANAGER FROM: DIRECTOR OF FINANCE Recommendation: DATE: DECEMBER 11, 1998 RE: SUTTER CONSTRUCTION CO., TEMP. RESO. # 8481 REFUND OF TRAFFIC SIGNALIZATION IMPACT FEES Refund traffic signalization impact fees to Sutter Construction Co., Inc. in the total amount of $10,000.00. Issue: Sutter Construction Co., Inc. has requested refund of traffic signalization impact fees paid to the City of Tamarac in the total amount of $10,000.00. Background: On March 10, 1983, Sutter Construction Co., Inc. submitted payment of traffic signalization impact fees in the total amount of $10,000.00 in accordance with Resolution 83-56. Resolution 83-56 adopted an agreement with Sutter Construction Co., Inc. accepting payment of traffic signalization fees in the amount of $10,000.00. To date, the traffic signalization impact fees have not been refunded. Sutter Construction Co., Inc. has hired EJD Associates, III, Inc., to recover cash funds currently being held by the City of Tamarac. The City through its designated agent has verified the amount requested for refund and believes it to be accurate. �- et A. McGarrity C�