HomeMy WebLinkAboutCity of Tamarac Resolution R-96-149Temp. Reso. #7453 - June 6, 1996 1
CITY OF TAMARAC
RESOLUTION NO. R-96 1 qq
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
SECOND AMENDMENT TO THE WATER AND SEWER
DEVELOPER'S AGREEMENT WITH J.B.C. INVESTMENTS,
INC., FOR TAMARAC MARKETPLACE PROJECT FOR THE
WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM LOCATED ON THE SOUTHWEST CORNER OF
NOB HILL ROAD AND MCNAB; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, J.B.C. Investments, Inc., developer of the Tamarac Marketplace Project
located on the Southwest corner of Nob Hill Road and McNab Road (attached hereto in
map form as "Exhibit 1 ") executed a Water and Sewer Developer's Agreement on
September 14, 1983; and
WHEREAS, the Engineer for the Tamarac Marketplace Project has since
reconfigured the shopping bays and determined and certified that the meter schedule
needs to be changed and has revised "Exhibit D" of the Water and Sewer Developer's
Agreement to reflect this change; and
WHEREAS, the change in the meter schedule of Exhibit D resulted in no additional
Contribution In Aid of Construction (CIAC) charges; and
WHEREAS, the Second Amendment to the Water and Sewer Developer's
Agreement establishes a new meter schedule for Exhibit D; and
Temp. Reso. #7453 - June 6, 1996 2
WHEREAS, it is the recommendation of the Director of Utilities that this Second
Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac
and J.B.0 Investments for the Tamarac Marketplace 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 execute a Second Amendment to the Water and Sewer
Developer's Agreement from J.B.C. Investments, Inc., for the Tamarac Marketplace
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 Second Amendment to the Water and Sewer Developer's Agreement with
J.B.C. Investments, Inc., for Tamarac Marketplace Project (attached hereto as "Exhibit 2")
located on the Southwest corner of Nob Hill Road and McNab Road.
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.
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1
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Temp. Reso. #7453 - June 6, 1996 3
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 , 1996.
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
ap ov this RESOLUTION
o form A o'1 7 �/�
MITCHEn S. GT
CITY ATTORN
Utilities/dav/aml
NORMAN ABRAMOWITZ.
OR
AM
I ATAI 01 AM FIX N
DFSTRICT t :
i
4- ,F6 / O
SECOND AMENDMENT
TO WATER AND SEWER
is DEVEL P ' REEME T
FOR: TT MAHC MARKETPLACE
(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 J.B.C. INVESTMENTS
INC., having an address at 13005 E_IS-CAYNE BAY DRIVE, NORTH MIAMI,
FLQRIDA_33181, hereinafter called "DEVELOPER"
W I T N E S S E T H:
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 14,1983 said
agreement recorded on O.R. Book 11319 Page .:10-353 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:
1. Paragraph II (H) of the Developer's Agreement is amended to
read as follows:
KPIN1130-1ill.0il�1�� t ��
Residential # . 0 Units X_Q_ ERC's Per Unit @ $1,205.00 Per ERC
Non -Residential # _ 2 ERC's @ $1.205_.00 Per ERC
Total ERC's 62 (WATER)
k, •
residential # 0 Units X _,_Q_ ERC's Per Unit @ $1,_550.00 Per
ERC Non -Residential # 62, ERC's @ $1.5$Q.QQ Per ERC
Total ERC's _ 62 (SEWER)
WSDAAMEN 1 950928
•
Total amount of contribution charges
original agreement and this Amendment
Contribution charges previously paid
Contribution charges added by this Amendment
that are due at the time this Amendment
is approved by City Commission $ 0
2. Paragraph III (A) of the Developer's Agreement is amended to
read as follows:
PART III. CITY'S OBLIGATION
A. CITY'S M INTENANCE OF 212TEM2 AFTER
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 62 ERC's of water
service and .__62 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.
WSDAAMEN 2 950928
rI
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:
ATTES
B� , t .n
Y:
Robert S. Noe, Jr.,
City Manager
ATTEST:
By:
Carol A. Evans,
City Clerk
STATE OF FLORIDA:
SS
COUNTY OFR/1WM::
I HEREBY CERTIFY that on this day
authorized in the State aforesaid
take acknowledggnts, personally
to me
described in and who executed the
acknowledged before me and under
same.
ITNESS my hand a d official
z. , 1992.
Karen Jackson
i n Notary Public, State of Florida
Cummissiun Na. CC 539151
or ftn My Commission Expires 05/14/00
1* W;`NOTARY - Kv Now,1,0(. & gondint CO.
� Personally known to me, or
( ) Produced identification
ACCEP ED BY CITY OF TAMARAC
GRA E
By:
N rman Abramowitz,
Mayor
Y
Date .A i0
By: .
Robert S. Noe, Jr.,
City Manage
9i
Date: /w
pedas �o
7!
Mitchell S. IKTaLe,
City Attorney
before me, an officer duly
and in th,Count aforesaid o
appeared �!Or7iYII"/!ill7Du!if�.
known to be the person(s) `
foregoing nstrument and
oath that executed the
seal this day of
NO ARY P LTC, State of Florida
at Large
(N'ame of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( DID take an oath, or ( ) DID NOT take an oath.
0 WSDAAMEN
3
950928
IN WITNESS WHEREOF Owne
r has hereunto set his hand and seal on
the day and year first above written.
ATTEST: OWNER
By:
Type Name Type Name ALA tJ Q2sLm41I
Corporate Secretary/j6C jNV[6Tn&j732� sident JaG (j)VEST^ENTS Ik)C.
(Corpo ar_e Seal)
STATE OF FLORIDA
SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer
authorized in the State aforesaid and in the County aforesaid
duly
to take
acknowledgments,
personally appeared 6,to-sm
be the person(s)
to me
described in and who executed the foregoing
known to
instrument and
14�— _ acknowledged before me and under oath that HP" -
executed the same.
TNESS my
In
hand and official seal this day of
A PPW,_ ...—,,_.
199�.
`"v'p • JOANNE MARIE FRENGEL
�`P U•';
COMMISSION N CG 332771
R. EXPIRES
O97
BondedThrqugh
ALAN INSURANCE SERVICES
Personally know to me, or
( ) Produced identification
IC
ARY PUBLIC, State of`tlorida
Large
(Name of Notary Public Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
is( ) DID take an oath, or (V) DID NOT take an oath.
4
•
CIF
•
•
JNANNE MARIE FRENGEL
:DPP VB�F,-COMMISSION N CC 332771
EXPIRES NOV 29, 1997
Bonded Through
9�0FF;.•' ALAN INSURANCE SERVICES
( Personally know to me, or
( ) Produced identification
do hereby affirm
that I
am the
Pkewigio-r
of IlL T_
_.
and that I have executed a Water and Sewer Developer's Agreement
with the City of Tamarac for AwwAc m*kKe1--PL4C11e
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 V
SAYETH NOT.
(Signature)
This day of C_ 199k.
STATE OF FLORIDA
SS
COUNTY 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 acknowledgment , personally appeared
known to be the person(s) described in and who executed
foregoing instrument and -IAL acknowledged before me
oath that He'� executed the same.
WITNESS my hand and official seal
19 9r,�—
N ARY PUBLIC,State Florida
% t Large
to me
the
and under
this 4 day of
(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.
C�
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SOUTHGATE BOULEVAF
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ERCIAL BOULEVARD
LOCATION MAP
LEGAL DESCRIPTION:
A PORTION OF TRACT "A" OF "TAMARAC MARKET PLACE" ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 118 AT PAGE 20 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT "A"; THENCE RUN
NORTH 89 DEGREES 33 MINUTES 15 SECONDS EAST ALONG THE NORTH LINE
OF SAID TRACT "A" FOR A DISTANCE OF 466.21 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 33 MINUTES 15 SECONDS
EAST ALONG THE NORTH LINE OF SAID TRACT "A" FOR A DISTANCE OF
3.88 FEET TO A POINT; THENCE RUN SOUTH 85 DEGREES 35 MINUTES 15
SECONDS EAST ALONG THE NORTH LINE OF SAID TRACT "A" FOR A
DISTANCE OF 200.72 FEET TO A POINT; THENCE RUN NORTH 89 DEGREES
33 MINUTES 15 SECONDS EAST ALONG THE NORTH LINE OF SAID TRACT "A"
FOR A DISTANCE OF 6.15 FEET TO A POINT; THENCE RUN SOUTH 00
DEGREES 32 MINUTES 09 SECONDS EAST FOR A DISTANCE OF 175.82 FEET
TO A POINT; THENCE RUN SOUTH 89 DEGREES 33 MINUTES 15 SECONDS
WEST FOR A DISTANCE OF 172.87 FEET TO A POINT OF CURVATURE OF A
•CIRCULAR CURVE, CONCAVE TO THE NORTHEAST; THENCE RUN
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
37.19 FEET, THRU A CENTRAL ANGLE OF 89 DEGREES 54 MINUTES 36
SECONDS, FOR AN ARC DISTANCE OF 58.36 FEET TO A POINT OF
TANGENCY; THENCE RUN NORTH 00 DEGREES 32 MINUTES 09 SECONDS WEST
FOR A DISTANCE OF 155.69 FEET TO THE POINT OF BEGINNING.
No Text
1
EXHIBIT D
DEVELOPMENT TAMARAC MARKETPLACE
# OF ERC'S SIZE OF
TOTALS
MEIER SCHEDME FOR NOR -RESIDENTIAL USE
# OF ERC'S SIZE OF
SERVICE USE #,QF UNITS WATER AMR 1# OF METERS METERS
SEE ATTACHED SHEET
TOTAL ERC'S 52
TUWWSDA-1
10 DUMPSTER(S) CONNECTED TO SEWER
Q 1 ERC EACH = 10 ERC'S (SEWER)
,(water)
Page 1 of
62
(Sewer)
950601
•
EXHIBIT D
TAMARAC WATER AND SEWER AGREEMENT
METER SCHEDULE FOR NON --RESIDENTIAL USE
SERVICE USE
10000 CHARHUT
WATER SEWER
10010 KRISPY CREME 2.5 2
10012 ITALIAN/PIZZA 2 2
10016 AMERICLEAN 1
10018 PACK N SHIP
10020 ATTORNEY
# OF METERS
2
SIZE OF METERS
D
10022
CENTURY 21
1
1
1
518
10024
SPEEDWAY PUB
2
2
10028
VACANT
1
1
1
5/8
10030
VACANT
1
1
1
5
10032
VACANT
10034
ORB T.
1
1
1
5/8
10036
MO IE THEATER
5
5
1
10038
RATE
10042
VACANT
2
2
2
5/8
10044
CHAMBER OF COMMERCE
1.
1
10046_CHILD_CARE---------- i
10048 DELI 2
------- 5------------ t_______-__t_t�2_.
2
10054
HEALTH
3
10064
CHURCH
3
3
3
5/8
10078
DENTIST
1
1
1
5/8
10080
RETAIL
1
1
1'sla
10082
SKIN AND BODY
1
1
1
5/8
10084
VISION
2
2
2
5/8
10092
VACANT
2
10094
VACANT
1
1
1
5/8
10096
VACANT
10098
10054
MEDICAL
VACANT
1
1
1
VA
5/8
i' V. 1q�
`7
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•
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
_ r AT 4 " DIAMETER AT 8 " DIAMETER
AT 6" DIAMETER
SERVED BY WASTEWATER PUMP STATION NO.
62 ERC'S + 17 SITE ACRES w
44
DIAMETER
ERC'S /SITE 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,
Page Of
TUWWSDA-1
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vo&
S
SEAL
950601
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TAMARAC MARKETPLACE
WATER AND SEWER DEVELOPER'S AGREEMENT
AMENDMENT * S