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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-029Temp. Reso. # 7281 CITY OF TAMARAC RESOLUTION NO. R-96 - a 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPERS AGREEMENT WITH LENNAR HOMES, INC. FOR WELDON PHASE 2 (RECREATION CENTER) WATER AND SEWER FACILITIES AND COLLECT ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $6,887.50 FOR 5 ERC'S OF WATER AND 5 ERC'S OF SEWER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Incorporated, developer of the Weldon Phase 2 (Recreation Center) Project located north of NW 77 Street and east of NW 96 Avenue (shown in map form as "Exhibit 1 ") executed a Water and Sewer Developers Agreement on June 14, 1995 with an "Exhibit D" requiring a 1" water meter; and WHEREAS, the Engineer for Lennar Homes, Inc. has since determined and certified that a 1-1/2" water meter is needed and has revised "Exhibit D" of the Water and Sewer Developers Agreement to reflect this change; and WHEREAS, the change in the water meter size from 1" to 1-1/2" has resulted in a change of Equivalent Residential Connections (ERC's) from 2.5 to 5 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 i Temp. Reso. # 7281 WHEREAS, the First Amendment to the Water and Sewer Developers 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 Utilities Director that this First Amendment to the Water and Sewer Developers Agreement between the City of Tamarac and Lennar Homes, Inc. for the Weldon Phase 2 (Recreational Center) 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 accept and execute a First Amendment to the Water and Sewer Developers Agreement from Lennar Homes, Inc. and collect the additional contribution charges in the amount of $6,887.50 for the Weldon Phase 2 (Recreation 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. SECTION 2-, That the appropriate City Officials are hereby authorized to accept and execute a First Amendment to the Water and Sewer Developers Agreement with Lennar Homes Inc. for Weldon Phase 2 (Recreation Center) (attached hereto as "Exhibit 2") SECTION 3- That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. 2 1 1 Temp. Reso. # 7281 5ECTION 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 F Ir OLN- S1, 1996. NORMAN ABRAMOWITZ MAYOR - ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have -mnnermpkmA +hie RFCrII I ITWIM 7e CITY ATTORNEY Utilities/7281 res/rmc 3 MAYOR DIST. 1: DIST. 2: DIST. 3: DIST. 4: RECORD' OF COMMISSION VOTE le - � 6 -,2 � 1st_ AMENDMENT TO WATER AND SEWER VEL ER' AGREEMENT FOR: W 2 (Recreation en (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 nn m Inc. having an address at 7600 Nob Hill Road, Tamarac,Florida 3 1 , 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 aune 14 ---o'-19-95. said agreement recorded on O.R. Book 24101 Page876of 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: • _.. 4 1.1810 Flo)\ Residential # 0 Units X ERC's Per Unit @ $1,205.QO Per ERC Non --Residential # - ERC's @ $1, 20�. QQ Per ERC Total ERC's � (WATER) Total Contribution $ $6.025.00 me 0 No a qu wo) residential # Q_ Units X ERC's Per Unit @ $1 550.00 Per ERC Non -Residential # ._ 5---. ERC's @ $1"55U,00 Per ERC Total ERC's 5 (SEWER) Total Contribution $.,S 7,750_.00_ 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 $ 13,775.00 $ 6,887.50 6,887.50 2. Paragraph III(A) of the Developer's Agreement is amended to read as follows: III. A. r 7r Cvt,F CERMIN CONDITTOUs 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. 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 5 _ ERC's of water service and 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. • • 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��j,: By: Robert S. Noe, Jr., City Manager ATTEST: By. Carol A. Evans, City Clerk STATE OF FLORIDA COUNTY OF Broward : SS ACCEPTED BY CITY OF TAMARAC GRANTEE By: Norman Abramowitz, Mayor / Date ;2/0c0 S 2 „ By: ,. S. n Robert S. Noe, Jr., City Manager Date • By: �.-LL.y rsLtu411t-_y 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_}h�2.,�,fx, ��/o�'rrtd.�+t S• to me known to be the person(s) described in and G who executed t e foregoing instri4ment and acknowledged before me and under oath that executed the same. C7 WITNESS my hand and official 199-L. M arcs:---aa D;:;:.�sER���a1 i r.xp.1'i3n,f (vle""Personally known to me, or ( ) Produced identification seal this U day of LAI"Zu� /'p-C ')"_ NC5TARY PUBLIC, St a of Florida at Large E� ZEE ',_7ACZ_5" (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (�,4 DID NOT take an oath. 3 • IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name Martin L. Riefs Assistant Corporate Secretary (Corhnrate Seal) Lennar Hcmas, Inc. OWN By: Type Name Michael J. Smolak Vice President STATE OF FLORIDA - COUNTY OF Broward SS 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 Michael J. Smolak and Martin L. Riefs 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 thmv executed the same. WITNESS my hand and official seal this 4 �7 day of = _October 1 19 95 OMMI SION#CC 4 NOTARY PUBLIC, Stat f Florida :,.: MY COMMISSION / CC 448567 a EVIFO: March 27, IM at Large eoneea DM Nfty PupMo Undrxnf m (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( X) Personally know to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (X ) DID NOT take an oath. ►H r� • I Michael J. Smolak do hereby affirm that I am the Vice President of Tennar Hrnnas�Tnc. and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for —Weldon Phastm TT (Rp_r-reafinn 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 FURTHER AFFIANTSAYFTHSNOT L11t (Si'gaature) This ,1 w day of October , 199 5 . SS 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 Michael J. Smolak 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 Or+nhPr , 19 9 -9 . ROSE SCHWARTZ ;;; MY COMMISSION N CC 44OW x 'fi,R E)IRES: Me27.1999 Bonded Thm NaMy „ , ,•,r Pubk Undwwrbm ( X) Personally know to me, or ( ) Produced identification NOTARY PUBLIC,St of Florida at Large �S r u.)a.-r t7— (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. 5 RVEYORS DEVELOPMENT PLANNERS $191 West Atlantic Blvd. (3055)972-3959 (FAX) 972-4170 Margate, Florida 33063 NOT A SURVEY (SKETCH & LEGAL) RECREATION AREA AT "WELDON" LEGAL DESCRIPTION 1 I1.\ 1 I'1)Irl ION l �1' PAI(Cla. "�ti O1 'I'l lli I'1_A'I' 13N11'I'1.1.1 "KINDS POINT REPL/1T', A5 ILECORDED IN I'I.AI. 11(H)K ISh, AT PAGE 1. (W'IIIP PUBLIC RECORDS OF OROWARD COUNTY, FLORIDA. BRING MORE PARTICULARLY DESCRIBED AS FOLLOWS: l�UhiM! A INS AI' TIM SUUi'IIWI:ST CORNER OF SAID PARCEL 'W TILENCE NORTH OU'46'20" I.:AS 1'. ALONG 1"1IF WIsSITRLY 110UNDARY OF SAID PARCEL 'W", A DISTANCE OF 710.26 r-110 ; 1"IIIiNI,ai SOU'I II 89'13'40' EAST. A DISTANCE OF 520.50 FEGI' TO THE PoUa OF BEGINNING AND A i'OIN 1' (IN A CIRCULAR CURVE TO THE LEFT AT W111Ci1'rHE RADIUS POINT BEARS NORTH 17"•11' 12" w p'r, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 232.1X) FI.i1r: AND A CENTRAL ANGLE OF 03"44'08'. A DISTANCE OF 15.13 FEET TO THE POINT OF REVERSE CURVATURE OF'A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTIIEASI'ERLY ALONG TIIE ARC OF SAID CURVE, HAVING A RADIUS OF 130.00 FEET AND A CENTRAL ANGLE OF 72038'25% A DISTANCE OF 190.17 FEET TO THE POINT OF TANGENCY: TIIIINCE SOUTH 39 52*55' EAST. A DISTANCE OF 249.04 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 150.00 FEET AND A CENTRAL ANGLE OF 49.37'47', A DISTANCE OF 130.80 FEET TO THE POINT OF COMPOUND CURVATURE OF'A CIRCULAR CURVE TO 'rHE RIGHT; THENCE SOUTHERLY AND WBSTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET MD A CENTRAL ANGLE OF 106855t08', A DISTANCE OF 46.65 FEET TO THE POINT OF TANGENCY; THENCE NORTH 62.00'00' WEST, A DISTANCE OF 248.82 FEET TO THE POINT OF CURVATURE OF A dIRCULAR CURVE TO THE RIGHT; THENCE NORTHWUS•TERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL'ANOLE OF 32-00.00", A DISTANCE OF 22.69 FEET TO THE POINT OF TANGENCY; THENCE NORTH 10100'00" WEST, A DISTANCE OF 175.88 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 50.01) FEET AND A CENTRAL ANGLE OF 97.47' 12", A DISTANCE OF 83.33 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCS WESTERLY, NORTHERLY, AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 14.56 FEET AND A CENTRAL ANGLE OF 180000*001. A DISTANCE OF 45.75 FEET TO THE SAID LANDS SITUATE IN THE CITY OF TAMARAC. BROWARD COUNTY, FLORIDA. AND CONTAIN 1.437 ACItF.S, MORE OR LESS. IVO.I.E: BEARINGS ARE BASED ON THE WEST LINE OF SAID PARCEL wvr BEARING NORTH W946'20' EAS'r, AS SHOWN ON SAID PLAT OF "KINGS POINT REPLAT" I:IwIY-�.ou�lansnwrl.a1!c.m)r SIIMMIAH11V b1471 LAST DATE OF FIELD WORK: NOT A SURVEY SURVEYOR'S CERTIFICATION 1 HEREBY CER"NI FY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6. FLORIDA ADMINISTR.?'rIV'r CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. /;l>61 1 T Otµ M�AS C. SHA.yAN PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 4387 .16- REVISED LEGAL DESCRIPTION ljbfl No_ AR1208J I DW(i. BY. JW • I SCALE N/A • I REQ AHE_ _ Exwerr A SHEET I of Z WELDON, CONDOMINIUM WELDON NEIGHBORHOOD PROPERTY RECREATION AREA 5 20 100 D-03.44'08" P.O.B. is R-232.00' 0 10 so CIIAP141C SCALE 1-.60' � v A-15.13' sg'g,�3 N N Q U ti Y D- 180.00'00" = R-14.56' A-45.75' a C) D-97.47' 12" R•50.00' A-85.33' P.Q.C.: SW CORNER PARCEL -W- `KINGS POINT REPLAT' (P.18.156. PG.3. B.C.R.) D-52.00',00'��� R - 25.00'• A-22.69' 0-;�?. R., S so o CIPAi£q D-106.55'08" R-25.00' A•46.65' NOTEI ALL IMPROVEMENTS SHOWN ARE PROPOSE. REVISIONS, DATE BY :R 2EVISE REC. AREA PER NEW ARCH. PLANS 1-19-94 JP REVISE REC. AREA PER NEW ARCH. PLANS 8.10-94 DCD TILE, I,�prvlvcfi�11051%11051eW.ow i DATE, 19-Ju1-94 00,38 C7 LA t-g)vmm A %ftr 20FZ N10 No. 8812051 JDWO eye JP _ 1, c wn. WFI IN1N CA'D sv, DATE, u SHEET 2 OF 2 SHEETS I • I Iloilo OEM 8 go !oila Ilium 0 a^:Cas""::�FRE"gas 7 I tXwO rr G Cl 0 E EXHIBIT D •` 1 .I ••\U., C. •\ MEN al a V al 41 � r � •� .� � \ %11 OF OF SMYJ�7,E USE #-OE UNITSOF METERS METERS RECREATION COMPLEX 1 5 5 1 1 1/2" ,,,0 DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = _0 ERC'S (SEWER) TOTAL ERC'S 5 (Water) 5 _(Sewer) Page 1 of 2 WSDAAMEN 950928 C� • • THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: 4" DIAMETER _ 0 AT 8" DIAMETER 4 AT 6" DIAMETER 0 AT , DIAMETER SERVED BY WASTEWATER PUMP STATION NO. ., - 34 _--_ERC'S 1'487 SITE ACRES =6 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. Philip F. Weiss, Page 2 of 2 950928 C� U.� x O z 7- � �, -- cz ? EXHIBIT 1 41?0 KINGS PT. P C❑MMER. PK.O �� HUNTINGTON °1� v TR23 !i ROCKFORD TR28 O , TAMARACR�ENWDab $P❑RTS C❑MPLEX Q L d a TR27 4 EVANGELIC COVENANT Q CHURCH TR33 KINGS PT, PROF, PLAZA KINGS POINT SALES CENTER & CLUB HOUSE TR29 Y❑RKSHIRE .n m 80 PL = WESTW❑❑D 5A Q 8p _I 80 ST s�7d � C.1 Z � c7 q W N 3 LAND SEC. 5 76sr �r WEST LAKE VILLAS \�\ 7co 75 CT o+�° WESTW❑❑D PINES PRING LAKE II �O� 7S TR37 I>g sr R� ��°p / 74 CT S.t NORTH $fLFQRT ¢ WESTW❑ 3,1 ASHM❑NT CIR G1R m 95 W. g SELF❑RT 73 CT 3 ASHM❑NT SE.Lf I Clip? SdUTH 73 ST WOLLD.�W TR42 SECTION1 T R40 ���, CT y > NOB HILL/ WESTW❑OD PLAT TR41 MP4J�R POINT PLAZA WE W❑❑ DR71 72 ST //. 7t ST ' w 71 ST d' y� 70 PL SECTI❑N 22 7d 1j!%%/% o > Q Q �- co SECTI❑N 21 70 CT �/ ESTW❑❑D 4 0 ¢ w 7 a WE TW❑❑D 3 j% ¢ ST 70 ST 70 ST70 ST %/ MCNAB ROAD PHASE 2 WELDON PHASE 0 (RECREATION CENTER) WELDWSDA.DWG FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT