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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. 1 1 1 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� • a r il� 1 W&I I i SOUTHGATE BOULEVAF a 0 0 a 0 ae 15 `x o z z a 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 I� • 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 /1 vo& S SEAL 950601 EXHIBIT i C I I 0 o1 2 TEE PLAT J & J PLAT a a 13 TAMARAC 1299 MCNAB ROAD PL TAMARAC GARDENS WESTA 67 CT o W�g TAM AC GAR ENS E T 3 LAND TRUST I.T.W. I.T.W. a PLAT LOVESHAW MIMA WESTWOOD 2 67 ST CK W w, 67 98 M `Tp 0 67 ST g M.o ARCH W 66 66 CT P m Q ALUMINUM + p ST ) a ca a LOCATION THIS SITE Lr- J WWW 65P�- jj ol 66ST W g D WOOD 1 (SpYGLAS .i _ 65 CT •x Pq 4 TERR ED w THE VILLAGE g W W ¢ W •\\\�� W \�•\\• W W W W W W W C ST GOLF COURSE W - v W W W W W W W W W W W W T��A N. GRAND DUKE C. SANTA RASA DR. PUBLIC SERVICES N. PLUM BAY PKWY N. P M BAY PKWY COMPLEX -i PLUM HARBOR C. RED HEART LN x 0 °' VERMOSA L. w S GRAND DUKE C. w u i ad a a STATE STREET PLUM PLUM HARBOR V.G.C. PARK , a \�' s' (VISUAL GRAPHICS) GRAPHLINE a cn PLUM STOROPACK z z ►�- ¢ \�\\�\���'BAY, �\�\��\�\ \\\�\ q F1 \eL \\\\\\\\\. \\ \\\ FERGUSON CORP. C❑MMERCIAL BLVD —__ '--"—'— --"_—_ TMPWSDA.DWG TAMARAC MARKETPLACE WATER AND SEWER DEVELOPER'S AGREEMENT AMENDMENT * S