HomeMy WebLinkAboutCity of Tamarac Resolution R-98-062Temp. Reso. #8092 December 19, 1997 1
CITY OF TAMARAC
RESOLUTION NO. R-98- 6-2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE THE THIRD AMENDMENT TO THE WATER AND
SEWER DEVELOPER'S AGREEMENT WITH LENNAR
HOMES, INC., FOR THE KINGS POINT RECREATIONAL
COMPLEX PROJECT LOCATED ON THE SOUTHEAST
CORNER OF NW i 7T" STREET AND NOB HILL ROAD,
ADDING AN ADDITIONAL IRRIGATION METER CHANGING
"EXHIBIT D" AND ESTABLISHING ADDITIONAL
CONTRIBUTION CHARGES IN THE AMOUNT OF $9,640.00
FOR 8 ERC'S OF WATER; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Lennar Homes, Inc., developer of the Kings Point Recreational
Complex Project located on the southeast corner of NW 771h Street and Nob Hill Road
(attached hereto in map form as "Exhibit 1 ") executed a Water and Sewer Developer's
Agreement on September 28, 1983; and
WHEREAS, the Engineer for the Kings Point Recreational Complex Project has
since determined and certified that an additional irrigation meter is needed and has revised
"Exhibit D" of the Water and Sewer Developer's Agreement to reflect this change; and
WHEREAS, the addition of the irrigation meter resulted in a change of Equivalent
Residential Connections (ERC's) from 15.5 to 23.5 resulting in additional Contribution In
Aid of Construction (CIAC) charges totaling $9,640.00; and
WHEREAS, the Third Amendment to the Water and Sewer Developer's Agreement
I
I
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Temp. Reso. #8092 December 19, 1997 2
establishes 8 new ERC's 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 Third
Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac
and Lennar Homes, Inc., for the Kings Point Recreational Complex 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 Third Amendment to the Water and
Sewer Developer's Agreement from Lennar Homes, Inc., and collect the additional
contribution charges in the amount of $9,640.00 for the Kings Point Recreational Complex
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 Third Amendment to the Water and Sewer Developer's Agreement
(attached hereto as "Exhibit 2") with Lennar Homes, Inc., for Kings Point Recreational
Complex Project and collect additional contribution charges in the amount of $9,640.00.
SECTION 3: That the Assistant City Clerk is hereby authorized and directed
I
Temp. Reso. #8092 December 19, 1997 3
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 // day of.
1998.
A TEST:
PATRICIA MARCURIO, CMC
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
appr d thi R LUTION a;a/"'
to f2ml A "A ?�
TR/dav/aml
ITCHECL S. 6KAFT
CITY ATTORNEY
wguz
�/JOE SCHREIBER
MAYOR
RECON) OF COMMI
MAYOR
SCHREIBER
DIST 1:
COMM. McKAYE
DIST 2: --V-1M_MISHKIN
DIST3:
COMM- .0,111 TAKIn
DIST 4: --2-0MM-
R013ERTS
I
VOTE
0
0
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L-XH737,=;
TEMP. RESO. # 8092
KING'S POINT RECREATIONAL COMPLEX PROIECT KPOF;CCUM. MG
WATER AND SEWER DEVELOPER'S AGREEMENT
THIRD AMENDMENT
Temp. Reso.#8092
PXT4TRTT 9
Third AMENDMENT
TO WATF_R AND SEWER
DEVELOPER'S AGREEMENT
FOR: -Kings Point Recreational Complex
(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 Lennar Homes, Inc. having an address at 700 NW 107 th Aveno.,
Miami, Florida 33172 , hereinafter called "DEVELOPER"
- WI-TNESSETH:
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 September 28, 1983 said agreement recorded on O.R. Book 10826
Page 4 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 -
Paragraph 11 (H) of the Developer's Agreement is amended to read as follows:
CONTRIBUTION (WATER)
ORIGINAL CONTRIBUTION:
Non -Residential ERC,s 10 @ $ 335-30 per ERC $ 3,353.00
FIRST AMENDMENT CONTRIBUTION:
Non -Residential ERC1s = 1 @ � 555,00 per ERC $ 555.00
SECOND -AMENDMENT CONTRIBUTION:
Non -Residential ERC's = 4.5 @ $ 1,205.00 per ERC $ 5,422.50
THIRD AMENDMENT CONTRIBUTION -
Non -Residential ERC's = 8 @ $1,205.00 per ERC -$--9-640.00
SUBTOTALS: ERC's 23.15 WATER CIAC FEE $ 18,970.50
0
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CONTRIBUTION (SEWER)
ORIGINAL CONTRIBUTION:
Non -Residential ERC1s =
10 @ ta22-70 per ERC = $ 6,227.50
FIRST AMENDMENT CONTRIBUTION:
Non -Residential ERC1s = 1 @ $ 975.00 per ERC 975.00
SECOND AMENDMENT CONTRIBUTION:
Non -Residential ERC,s = 4.5 @ $ 1,550.00 — per ERC $ 6,975.00
THIRD AMENDMENT CONTRIBUTION:
Non -Residential ERC1s = 0 @ � 1,550.00 — per ERC $ 0.00
SUBTOTALS: ERC's 15.5 SEWER CIAC FEE $ 14,177.00
TOTAL CIAC FEE-= $ 33,147.50
LESS AMOUNT PREVIOUSLY PAID = lZa,507,60
AMOUNT OWED = $9,640.00
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 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 23.5 ERC's of water ser�ice and 15.5 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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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:
ATTEST�
o VeS. Noe, Jr,,
S
i itv
ty Manager
ATTEST:
By:
Patricia Marcurio, CIVIC
Asst. City Clerk
STATE OF FLORIDA
SS
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC
GRANTEE
Bv:—�� Z4"�-A
Joe 6�kr re�iber
Mayor
Date: arch 11'1998
A-T-
Yoe IS. N! o e, Jr.,
tv M,
ty Manager
Date:- March 11. 1998
A
/4Jpro 0,4 s to form:
hel(,8. Kraft, 1#6
4itcAftorney
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
Joe Schreiber & Robert S. Noe. Jr.
to me known to be the person(s)
described in and who executed the foregoing instrument and they acknowledged
before me and under oath that --Lh-e-y--executed the same,
WITNESS my hand and official seal of March
1998 �,A , Y Ptl, OFFICIAL NOTARY SEAL WAA �
C� ex PHYLLIS POLIKOFF NOTA14Y PUBLIC, Stateof Florida
11
, 0 MBER
'0 'T COMMISSION NU I
CC390392 at Large
my COMMISSION EXP.
0 SEPT 23,1998
Phyllis Polikoff
(Name of Notary Public: Print,
x) Personally known to me, or Stamp, or Type as Commissioned)
) Produced identification
Type of I.D. Produced
DID take an oath, or ( x ) DID NOT take an oath.
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0
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first written.
ATTEST:
By:
Type Name Martin L. Rieus
Ass't. Corporate Secretary Vice
E
(Corporate Seal)
STATE OF FLORIDA
Ss
COUNTY OF Broward
Type Name C - Dean Amann
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 C. Dean Amann . — to me known to be
the person(s) described in and who executed the foregoing instrument and he
acknowledged before me and under oath that he executed the same.-
199-7 WITNESS my hand and official seal this ij day of
ROSE SCHWARTZ
tA MY COMMISSION # CC 44�N7
-`v EXPIRES: Mamh 27, IM PUBLIC, Statt-4 Florida
Borocled -MM NoMry PuM Unftmftrs at Large
x) Personally know to me, or
) Produced identification
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
) DID take an oath, or ( X ) DID NOT take an oath.
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Wsdaamen.wpd
E
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
C. Dean Amann
do hereby affirm that I am the
Ui - co- -R-rpqi dpnf Of __LPnnar__Homes ', Tnc -
and that I have exe%oed a Rater and Sewel velo er's Agreement with the City of
)-p
Tamarac for Kinas int Recreationa D(!cmio ex
- _ 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.
FURTHER AFFIANT SAYETH NOT
199-2-
STATE OF FLORIDA
: SS
COUNTY OF Broward
This /I
r r Ho s, Inc.
FTO
(Signatdrii-P
C.,Dean Amann, Vice President
day of 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. Dean Ainann - - --to me known to be the person(s)
described in and who executed the foregoing instrument and he acknowledged
before me and under oath that he executed the same.
WITNESS my hand and official seal this day of X&eh'Je--"c')
199Z.
ROSE SCHWARTZ
MY COMMISSION 0 OC 448567
EXPIRES: March 27,1999
A.,
't,'Jff.p:tF Bonded Thru Nalmy PuW Underoffhars
x Personally know to me, or
Produced identification
NOTARY PUBLIC, Sfafe of Florida
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
) DID take an oath, or ( X) DID NOT take an oath.
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EXHIST A
DESCRIP 'iJON
A PORTION OF TRACTS 2,3 AND 24, ORIDA FRUIT LANDS COMPANY'S
SUBDIVISION NO, 2" OF SECTION 5, TOASHiP 49 SOUTH, RANGE 41 EAST,
AS RECORDED IN PLAT BOOK 1, PAG'��2, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, TOGETI-.'FR WITH A PORTION OF SECTION
6, TOWNSHIP 49 SOUTH, RANCE 41 EAST, BROWARD COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNEP OF SAID SECTION 5; THENCE
N OOD 06' 44" W ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE OF
2510.67 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
N SOD 11'57" E, A DISTANCE OF 110,08 FEET- THENCE N OOD 06' 44" W, A DISTANCE
OF B69-03 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE
RIGHT, WHOSE RADIUS POINT BEARS IN 08D 29' 37" W, FROM THE LAST DESCRIBED
POINT, SAID CURVE ALSO BEING THE SOUTHERLY LINE OF AN '60.00 FOOT
RIGHT-OF-WAY AS RECORDED IN O-R. BOOK 6260, PAGE 622 OF THE PUBLIC
-P�F_CORDS OF BROWARD COUNTY, FLORIDA; THENCE WESTERLY ALONG THE ARC
OF SAID RIGHT-OF-WAY LINE HAVING A RADIUS OF 1680,00 FEET AND A
CENTRAL ANGLE OF' 16D 37' 05", A DISTANCE OF 487-27 FEET TO THE
NORTHEAST CORNER OF THE PLAT OF "TAMARAC - LAUDERHILL CONGREGATION
OF JEHOVAH'S WITNESSES", AS RECORDED IN PLAT BOOK 91, PACE 45 OF THE
P_UBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE S OOD 06' 44" E, ALONG
THE EAST LINE OF SAID PLAT, A DISTANCE OF 270.00 FEET TO THE SOUTHEAST
CORNER OF SAID PLAT; THENCE S 89D 53' 16" W, ALONG THE SOUTH LINE
OF SAID PLAT, A DISTANCE OF '500-00 FEET TO THE SOUTHWEST CORNER
OF SAID PLAT, THENCE S OOD 06' 44" F, A DISTANCE OF 320.13 FEET; THENCE
S SOD 41' 57" W, A DISTANCE OF 130.30 FEET; THENCE S 09D 18' 03" E, A DISTANCE
OF 90.00 FEET; THENCE N 80D-41' 57" E, A DISTANCE OF 1,58.00 FEET; THENCE
S 09D IS' 03" E, A DISTANCE OF 323,04 FEET TO A POINT LYING ON A
CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS S 17D 25' 35" F
FROM THE LAST DESCRIBED POINT, SAID CURVE ALSO BEING THE NORTHERLY -
LINE OF A CANAL RIGHT-OF-WAY AS DESCRIBED IN O.R, BOOK 6450, PACE 688
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CANAL RIGHT-OF-WAY, HAVING A RADIUS
OF 990.00 FEET AND A CENTRAL ANGLE OF 07D 37' 32", A DISTANCE OF 1,31,76
FEET TO THE POINT OF TANGENCY� THENCE N 80D 11' 57" E, ALONG SAID
CANAL RIGHT-OF-WAY A DISTANCE OF 461,99 FEET TO THE POINT OF
BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC,
BRQWARD COUNTY, FLORIDA AND CONTAINING 14-660 ACRES MORE OR LESS-
0
160 37' 05-
� -, Wn. �
SEC. 5-49-41
EXHIBIT D
TAMARAC WATER AND SEWER AGREEMENT
DEVELOPMENT KINGS POINT RECREATIONAL COMPLEX
METER SCHEDULE AND FEES FOR COMMERCIAL USE BY AGREEMENT
SEWER CIAG = 1622.70 /ERQ
ORIGINAL AGREEMENT
BUILDINGS NO. OF WATER SEWER WATER SEWER TOTAL CIAC NO. OF METER
UNITS ERC's ERC's CIAC FEES CIAC FEES FEES METER$ SIZE
4
CABANA & POOL 1 2.5 2.5 $838,25 $ 1,556.75 $2,395.00 1 V
CLUB HOUSE 1 5 5 $1,676.50 $3,113.50 $4,790.00 1 1-1/2"
THEATER 1 2,5 2.5 $838-25 $1,556.75 $2,395.00 1 1.
TOTAL 3 10 10 $3,353.00 $6,227.00 $9,580.00 3
FIRST AMENDMENT
(ONE UNIT = 1 ERC� WATER CIAC = $555.00 /ERC: SEWER CIAC = $975.00 /ERQ
BUILDINGS
NO. OF
WATER
SEWER
WATER
SEWER
TOTAL CIAC
NO, OF
METER
UNITS
ERC's
ERC's
CIAC FEES
CIAC FEES
FEES
METERS
SIZE
CABANA & POOL
CLUB HOUSE
1
1
2,5
5
2,5
5
$838.25
$1,676.50
$1,556.75
$3,113,50
$2,395.00
$4,790.00
1
1
ill
1-1/2"
THEATER
1
2.5
2.5
$838.25
$1,556,75
$2,395.00
1
1"
TV. BUILDING
1
1
1
$555,00
$975.00
$1,530.00
1
5/81,
TOTAL 4 11 11 $3,908,00 $7,202.00 $11,110.00 3
SECOND AMENDMENT
(ONE UNIT = 1 ERC: WATER CIAC = $1,205.OQ_������
BUILDINGS
NO. OF
WATER
SEWER
WATER
SEWER
TOTAL CIAC
NO. OF
METER
UNITS
ERC's
ERC's
CIAC FEES
CIAC FEES
FEES
METERS
SIZE
CABANA & POOL
1
2.5
25
$838,25
$1,556.75
$2,395.00
1
1"
CLUB HOUSE
1
5
5
$1,676,50
$3,113.50
$4,790.00
1
1-1/2"
EXISTING ERC'S
-
3.5
35
$1,393,25
$2,531.75
$3,925.00
-
-
THEATER
1
4.5
4-5
$5,422,50
$6,975.00
$12,397.50
1
2"
TOTAL
3
15.5
15.5
$9,330-50
$14,177.00
$23,507.50
3
*EXISTING ERC'S WERE APPLIED TO THE NEW 2" METER FOR THE THEATER
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THIRD AMENDMENT
(ONE UNIT—= 1 ERC;
WATER CIAC =
$1,205.00 /ERC- SEWER CIAC =
��550.00 IE��C
BUILDINGS
NO. OF
WATER
SEWER
WATER SEWER
TOTAL CIAC
NO. OF
METER
UNITS
ERC's
ERC,s
CIAC FEES CIAC FEES
FEES
METERS
SIZE
CABANA & POOL
1
2.5
2,5
$838-25 $1,556.75
$2,395.00
V
CLUB HOUSE
1
6
5
$1,676-50 $3,113.50
$4,790.00
1-112"
EXISTING ERC'S
-
3.5
3.5
$1,393.25 $2,531.75
$3,925-00
-
THEATER
1
4.5
4.5
$5,422,50 $6,975.00
$12,397.50
1
2"
IRRIGATION
1
8
0
$9,640.00 $0.00
-$9,640.00
1
2"
-TOTAL
4
23.5
15.5
$18,970.50 $14,177.00
$33,147.50
4
N/A DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = N/A ERC's (SEWER) @ $1550 = $ 0.00
GRAND TOTAL ERC'S 23.5 (Water) 15.5 —(Sewer)
- GRAND TOTAL CIAC FEES $ 18,970.50 -(Water)$ 14,177,00 -(Sewer)
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
1 AT 4" DIAMETER N/A AT 8" DIAMETER
2 AT6"DIAMETER N/A AT -DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. 35
15.5 ERC'S .- 8.017 SITE ACRES = 1.90 ERC'S ISITE ACRE
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.
SEAL PE # 7_16oi
RHON ERNEST-JONES
TYPE NAME
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