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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-191Temp. Reso. #7452 - June 6, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-96 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 PEBB ENTERPRISES FOR POINT PLAZA SHOPPING CENTER PROJECT FOR WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM AND COLLECT ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $6,887.50 FOR 2.5 ERC'S OF WATER AND 2.5 ERC'S OF SEWER LOCATED ON THE NORTHEAST CORNER OF NOB HILL ROAD AND WESTWOOD DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pebb Enterprises, developer of the Point Plaza Shopping Center Project located on the northeast corner of Nob Hill road and Westwood Drive (attached hereto in map form as "Exhibit 1 ") executed a Water and Sewer Developer's Agreement on March 28, 1990; and WHEREAS, the Engineer for Pebb Enterprises has since determined and certified that a 1" meter is needed for the new outparcel being constructed and has revised "Exhibit D" of the Water and Sewer Developer's Agreement to reflect this change; and WHEREAS, the change in Exhibit D resulted in an additional 2.5 Equivalent Residential Connections (ERC's) resulting in additional Contribution In Aid of Construction (CIAC) charges totaling $6,887.50; and WHEREAS, the developer has agreed to pay these additional charges upon adoption of this resolution; and WHEREAS, the Second Amendment to the Water and Sewer Developer's 1 Temp. Reso. #7452 - June 6, 1996 2 Agreement establishes new ERC's and the payment of CIAC Fees in accordance with City Resolution No. R-94-210; and 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 Pebb Enterprises for the Point Plaza Shopping Center 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 Pebb Enterprises and collect the additional contribution charges in the amount of $6,887.50 for the Point Plaza Shopping Center 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. SECT,IQN 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 Pebb Enterprises for Point Plaza shopping Center Project (attached hereto as "Exhibit 2") located on the northeast corner of Nob Hill Road and Westwood Drive. Authorize the collection of $6,887.50 for 2.5 ERC's. SECTION 4: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. Temp. Reso. #7452 - June 6, 1996 3 SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thisday of , 1996. NORMAN tABRA4M0 MAYOR ATTEST: r CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have CITY ATTORN U ti I iti a s/res/d av/a m l 1 RECORD OF COMMISSION MAYOR 3% ._ DIST 1: _CORM DIST 2: YJM MISHISM„�..., DIST 3: DIST 4: I* 10 I• EXHIBIT I / ROCKFORD % TR28 TR29 U TR30 j Y❑RKSHIRE zu i/ y/ > W '•. WELD❑N A T F❑RTC�MP / X` Y z Xlo ' LAND SE o _ ` TR27 ST 76 Cr 7 7> EVANGELICAL % Sr COVENANT 76 Sr q CHURCH Qf M ./. WEST LAKE VILLAS TR33 % > KINGS PT. \\ \ \\ PROF, PLAZA KINGS P❑INT / m 75 CT 010 WESTW❑❑D SALES CENTER % & CLUB HOUSE PRING LAKE rz q 300 PINES �S TR37 �i s sr Q r. dRT N13RTH G1 ASHMONT CIR g BELF❑RT ASHM❑Nt 8�LF© CIR sovTH LOCATIO 71 pL , THIS 81 E � ��WESTW❑�D !%�j a TR41 pR WE WOOD, 71 ST �6 �"r 71 ST 71 S7 7 SECTI❑N 21 74 ��/% Q 4 � 70 CT WE TW❑❑D 3 70 ST MCNAB ROAD TAMARAC MARKET i PLACE CT ON95 W. j4274 73 CT 3 3 ST ? SECTT❑N 21 �P 72 CT a 8 72 ST m g o" Q 68 PL TAMARAC GARDENS WESTz 67 CT 70 PL ESTW❑❑D 4 � , W 70 ST 0 ST 0+ W TAM AC GAR ENS E T : PTPZWSDA.DWG POINT PLAZA WATER AND BEWER DEVELOPERS AGREEMENT AMENDMENT • S Second AMENDMENT TO WATER „P'ND SEWER DEVELOPER12 FOR: Point Plaza Shopping Plaza (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 __Febb E Urprises, a Florida r having an address at 1000 Corporate Drivp, Suitg 210, Ft. Lauderdale, Flgridd 33334, 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 March 28,1990 said agreement recorded on O.R. Book 17710Page 0219 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: CONTRIBUTION (WqIEg) ORIGINAL CONTRIBUTION: Non -Residential ERC's = 12.5 @ $1.049.00 per ERC = $ 13.112.50 FIRST AMENDMENT CONTRIBUTION: Non -Residential ERC's = 0 @ $1.049.00 per ERC = 0 - SECOND AMENDMENT CONTRIBUTION: Non -Residential ERC's = 2.5 @ 11.2Q5.00 per ERC = 012.50 SUBTOTALS: ERC's = 15.0 WATER CIAC FEE = $ 16,125.00 MINTRIBUTION ( ES WERI ORIGINAL CONTRIBUTION: Non -Residential ERC's = 12.5 @ $1,424.00 per ERC = $ 17.80QM 0 WSDAAMEN 1 950928 !N31-1- 2G/51 FIRST AMENDMENT CONTRIBUTION: Non -Residential ERC's = I @ $1.424.00 per ERC = $ 1 A24.00 SECOND AMENDMENT CONTRIBUTION: Non -Residential ERC's = - 2.5 @ $L55 per ERC = 3 875.00 SUBTOTALS: ERC's = 16.0 SEWER CIAC FEE = $23 099.00 TOTAL CIAC FEE = $ 39.224 00 LESS AMOUNT PREVIOUSLY PAID = $ 32,33 AMOUNT OWED = $ 6,887.50 2. Paragraph III (A) of the Developer's Agreement is amended to read as follows: PART III. CITY'S OBLIGATION 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 firel.ine 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 15 ERC's of water service and 16 _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 9 8 9G-151 �J IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and ACCEPTED BY CITY OF TAMARAC delivered in the presence of: GRANTEE ATTES By Robert S. Noe, Jr., City Manager ATTEST: Carol A. Evans, City Clerk STATE OF FLORIDA SS COUNTY OF Broward By: Uorman Abramowitz, Mayor Date: !%k� By- O--P. Robert S. Noe, Jr., City �Manager Date: By ed Mitchell S. Kka City Attorney I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Count aforesaid to take acknowledgments, personally appeared dr ow;i? (41 to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official 1.9 9-L. • �j1/�l!lllJlllJ 7!"!„'llJVdl?J/�lllJ!!llJlllllhYJY! . Karen Jackson ,� • n No Public, State of Florida ' Commission No. CC 539151 > Cr F0 My Commission Expires 03/14/00' 14M3.NOTARY . M N-q sa j. & B.Win Co. ' (Personally known to me, or ( ) Produced identification seal this I� _ day of NOTARY PiJ�T#C, State of Florida at Large �f 0ame of Notary Public: Print, Stamp, or Type as Commissioned) Type of Y.D. Produced DID take an oath, or ( ) DID NOT take an oath. 3 .:,- *1 IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. ATTEST: OWNER By: Type m frey M. Rosenberg Type Name Bruce Weiner General Partner (Corporate Seal) STATE OF FLORIDA SS COUNTY OF Broward 3PUWWMMX General Partner 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 Jeffrey M. Rosenberg and Bruce Weiner 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 they executed the same. WITNESS my hand and official seal this 19th day of March 199 6 RONME iha Fr .: w(COillbAi�. IJ' Y CC �.98?lA A4DPI 9atdad rn v ri —V Nwiz uwarvaftars j ( X) Personally know to me, or ( ) Produced identification NOTARY PUBLIC, Stat of Florida at Large Ronnie Kin (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced is( ) DID take an oath, or (K) DID NOT take an oath. 4 • I Bruce Weiner do hereby affirm that I am the Owner of Point Plaza Shopping Center, 7150 Nob Hill Road, Tamarac, F on a 3332-1 and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for _ Point Plaza Shoppin& Center 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. STATE OF FLORIDA COUNTY OF Broward FURTWAQr4WFIANT SAYETH NOT. (S This 19th day of SS March 1.996 . 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 Bruce Weiner to me known to be the person( 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 19th day of March 199 6 := RONrVi K!,%G MY comm. •_` JSSlof! 11 CC 266214 I EXPIRcS: ;: - June 24, 1937 60eded Thru Notary Public Unronwiter9 I ( X) Personally know to me, or ( ) Produced identification C��� " NOTARY PUBLIC, State Yof Florida at Large Ronnie King (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. 11 E T' C i LEGAL DESCRIPTION PARCEL "A" NOB HILL/WESTWOOD Parcel "A" NOB HILL/WESTWOOD Plat as recorded in Plat Book 144, Page 3, of the Public Records of Broward County, Florida, containing 4.1694 acres, more or less. J\legaldes.417 2-3-96 CONSUL -:TECH ENGINEERIN INC. Consultir Zngineers a Landplanners a Land Surveyo.. Cn9FE 50 East Sample Rood 4 th Floor Q 0 portal ' Beach; Florida 33064 (305) T85 - 840 7 E `` —SKETCH AND DESCRIPTION-- S//EaT z of z THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. 01, V7 51 TE . � ? � L�.Tlal] WES TWOOD II ,IBC NAB 90AD -J/ J L�[ATlati] SY—E-rc_h4 �C-it w .5. 5 318 AL.56 t �kq; U r . % V ra3.4zI. .}gW Dot DIALpa$.-755- 1,,1^*58 a-7'w •N ZxJ` A' oi3•Z S L16TE ElEA1-11.)I6S 5vkaw&11ke.ZEao AZE eSA-tEb nU 7�k>` wE�:,T LIKNF- aF 5E—Ma)a HA\I)"C- A SEA?JuC� of 31' Z4." W . P;=Z `I'i-4 E STda �EIiH �SuC�vEy o�F Zkk)GE 41 Ek--Y7� A5 Mott,' I )J AlMI 5� . FL�,T 6ac� 3 FA GE 44. i ,4l in 4 N � N Q I V) WEtST W6ctN I tz-1vE CP.6. -7 -7, F. 4.(.) lAL S 3ffiEEIA3' w C 1 HEREBY CERTIFY 5 CoC •• THIS DRAWING IS NOT VALID UNLESS THAT THE CONFORMS TOTACHED CHAPTERKE IHH-fi 0B TCH AND 1) (FLORIDIPTION.q S-'�.4� IT. SEA AN 0 IG L 8 SIGNATURE ADMINISTRATIVE CODE), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE Of FLORIDA. AND IS TRUE AND CORRECT TO THE AYN RO Mp50r DA E BEST OF MY KNOWLEDGE AND BELIEF. REGISTERED LAND r$ RVEYOR NO.3654 STATE OF FLORIDA S / REVISIONS � 4 L1 Sc_P, P DATE BY I CK'D NOTE- 'The undersigned and CONSUL -TECH ENGINEERING,If1C. make no r represeNdtion■ or guarantees as to the completeness of the information _ I reflected hereon pertaining to easements, rights -of -way, setback lines, reserva- nons, o4rerments or other matters of record. This Instrument Is intended to reflect or set forth only those items shown In the references above. CONSUL -TECH ENGINEERING, INC. did not researcn the ,pudic records for matters affecting the lands shown. NOTE: This instrument Is the property of CONSUL -TECH ENGINEERING, INC. and shall not be a roduesd In whole or in part without written permission of CONSUL -TECH ENGINEERING, INC. Jab No. 8"cD755 Drown By SA.Y_1.Fi,d Checked By F.B. PG. Scale 1,1- lao' U C I 1J EXHIBIT D TAMARAQ WATEE AN EW R A R N DEVELOPMENT Poona Plaza Shopping Plaza METER NTIAL USE # OF ERC'S SIZE OF BUILDING # OF UNITa WATER FS�WE$ # QF_METERS METERS WSDA METERFOR-UON-RESIDENTTAL USE # OF ERC'S SIZE OF BfUILDING #, A OF UNITS WATER SEWER L-QE-METERS METERS WSDA 7130/7132 2 3.7 3.7 1 existing 1" Original 7134/7138 2 1.1 1.1 1 existing 5/8" Original 7140/7142 2 1.1 1.1 1 existing 5/8" Original 7144/7146/7148 3 1.1 1.1 1 existing 5/8" Original 7150/7152 _ 2 1.1 1.1 1 existing 5/8" Original 7154/7156 2 1.1 1.1 1 existing 5/8" Original 7158/7160 2 1.1 1.1 1 existing 5/8" Original 7162/7170 2 1.1 1.1 1 existing 5/8" Original 7164/7166 2 1.1 1.1 1 existing 5/8" Original Dumpster 1 1 - existing - 1st Amend. New south 12ldcr 1 2. 2.5 1 new 1" 2n TOTAL 24 15.0 16.0 10 Dates of Water and Sewer Developer's Agreements Original - March 28, 1990 First Amendment - June 19, 1990 Second Amendment - New -_DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = 1 ERC'S (SEWER) TOTAL ERC'S __. 15(Water) 16 (Sewer) L+� .. k Page 1 of 2 7 rwAop- 950928 • • C� THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: 3 AT 4" DIAMETER AT 6" DIAMETER 8" DIAMETER DIAMETER I. SERVED BY WASTEWATER PUMP STATION NO. 26 16 TERC'S _ - a67 SITE ACRES = _4.36 ERC'S /SITE ACRE I HEREBY CERTIFY THAT THE NEW NON-RESIDENTIAL WATER METER LISTED ABOVE MEETS THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE. 3 Z090 Page 2 of 2 4��) WSDAAMEN 8 950928