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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-060LJ Temp. Resa. #7348 -Feb. 22, 1996 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 FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH MARKETPLACE AT TAMARAC ASSOCIATES, LTD., FOR THE MARKETPLACE AT TAMARAC PROJECT FOR WATER AND SEWER FACILITIES AND COLLECT ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $4,132.50 FOR 1.5 ERC'S OF WATER AND 1.5 ERC'S OF SEWER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY: AND PROVIDING FOBpN EFFECTIVE DATE. WHEREAS, Marketplace at Tamarac Associates, LTD., owner of the Marketplace at Tamarac Project located at the northeast corner of Commercial Boulevard and N.W. 70th Avenue (shown in map form as "Exhibit 1 ") has revised the original meter schedule; and WHEREAS, the original Developer, RK Development Corp., executed a Water and Sewer Developer's Agreement on March 8, 1989; and WHEREAS, the revised meter schedule changes the meter locations, number of connections and meter sizes requiring revisions to "Exhibit D" of the Water and Sewer Developer's Agreement; and WHEREAS, the owner has offered a First Amendment to the Water and Sewer Developer's Agreement to establish the requirement for 26 Equivalent Residential Connections (ERC's) for water and 18 ERC's for sewer and requires the total payment of $59,230 in Contribution in Aid of Construction (CIAO) fees of which the owner has paid $55,097.50; and 1 Temp. Reso. #7348 - Feb. 22, 199F WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement establishes a revised meter schedule for the shopping center bays and irrigation; and WHEREAS, it is the recommendation of the Director of Utilities that this First Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Marketplace at Tamarac Associates, LTD., for the Marketplace of Tamarac 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 First Amendment to the Water and Sewer Developer's Agreement with Marketplace at Tamarac Associates, LTD., for the Marketplace of Tamarac Project for water and sewer facilities and collect additional contribution charges in the amount of $4,132.50 for 1.5 ERC's of water and 1.5 ERC's of sewer. 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 Developer's Agreement with Marketplace at Tamarac Associates, LTD., for Marketplace at Tamarac Project (attached hereto as "Exhibit 2" 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. #7348 - Feb. 22, 1996 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 r , fiLORD] 104�� &p4'*A0J44 NORMAN ABRAMOWITZ MAYOR ATTEST: v CAROL A. EVANS, CMC CITY CLERK I HE Y CERTIFY that I have MAYOR ap ve t is RESO UTION DIST. 1: to orm. DIST.2: DIST. 3: DIST. 4: MIT HELL AFT CITY ATT EY Utilities/res/mw K? RECORD' OF COMMISSION VOTE FIRST AMENDMENT TO WATER AND SEWER, DEVELOPER'S AGREEMEJIT FOR: MARKETPLACE OF TAMARA (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 MARKETPLACE AT TAMARAC ASSOCIATES,having an address at POST OFFICE BOX 93-_6260, MARGATE, FLORIDA 33093-6260 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 8, 1989� said agreement recorded on O.R. Book 17041 Page 0612 of the Public Records of Broward County, and; 0 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: �6161 •� ," Residential # Q Units X_Q_ ERC's Per Unit @ $1,205.00 Per ERC Non -Residential # 26 ERC's @ $1.205.00 Per ERC Total ERC's 26 (WATER) CONTRIBUTION (SEWER) residential # 0 Units X 0 „ERC's Per Unit @ $1.550.00 Per ERC Non -Residential. # 18 ERC's @ $1,550.00 Per ERC Total ERC's 18 _ (SEWER) WSDAAMEN 1 950928 P Total amount of contribution charges original agreement and this Amendment $ 59,230.94 Contribution charges previously paid $ 55.097.50 Contribution charges added by this Amendment that are due at the time this Amendment is approved by City Commission $ 4,132.50 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 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 26 ERC's of water service and y 18 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 !. C • 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: ATT� y� B y :E -- \ 1 l 4-r Robert S. Noe, Jr., City Manager ATTEST: By: Carol A. Evans, City Clerk STATE OF FLORIDA: • SS COUNTY OF ��: ACCEPTED BY CITY OF TAMARAC G PANJP EE By• Orman Abramowitz, Mayor Date: By: 0\S. Robert S. Noe, Jr., City Manager Date: alarck 159% ppr e s to orm: Y: itchell S. raft, City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Count �y}'� aforesaid to take acknowledgments, personally appeared Al2,014A 1 AP8iR_T S-AUaE. 6-4 rY 41AWA-6FA_ to me known to be the person (s ) described in and who executed the foregoing instrument and acknowledged before me and under oath thak_� executed the same. W TNESS my hand a d official seal this day of —11 199 . o,pAV PVA` OFFICIAL AREN LEE JACKSON * * NUMBERNOT RY PUBLIC, Soto of Florida 9' o 0NNI8sye a Large LEE�j�G1 E. ,J rF �� YV OO5i0N EXP. oFF�a MAY 141996 .4vCJ) • (+Personally known to me, or ( ) Produced identification (✓) DID take an oath, or WSDAAMEN (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID NOT take an oath. 3 950928 1� IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day acid year first above written. ATTEST: MAWTPLACE AT TI?'J S, LTD. TAMARAC S.C, COMPANY, Ie r l Partner By � Sy: TAMARAC CORP. I •, Ge ral Partner Type Name teven Levin Corporate Secretary BY Its President: LEAN A R-0 LeNI tj (Corporate Seal.) STATE OF FLORIDA COUNTY OF SS x HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in t County-tt esai.d to take acknowledgments, pers011ally appeared be the person(s) to described in and who executed the foregoing e known to instrument and 11 v acknowledged before me and under oath that _ executed the same. wzTrrrv,ss my hand and official seal this . ].99•S � day of OFFICIAL NOTARY SEAL ANTHEA HANCOCK NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO, CC438487 MY COMMISSION EXP. FEB. 13,1999 ( ' Personally }.now to me, or ( ) Produced identification ( ) DID take an oath, or ( WSDAAMEN NOTARY PUBLIC, State of Florida at Large L d (Name of Notary Puxalic: Print, Stamp, or Type as Commissioned) Type of T.D. Produced ) DID NOT take an oath. 4 950928 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name Esther Qstfeld Corporate Secretary (corporate Seal) STATE OF FLORIDA SS MQ •E By Type Name David K. Warne Assistant Vice President I RERESY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Co t,y,aforesaid to take ac owledgment pe onally a peered 1 G1b r to me known to be the an(s) described in and who executed the foregoing instrument ent and --& — acknowladged before me and under oath that executed the same. WITNESS my hand and official seal C. 1 LL_,�. , 19 q aIT r N61TARY PURL c, State of Florida at Large _ LO &LAII-Stlm d- (Name of Notary Public: Print, Stamp, or Type as commissioned) Y % *+� * LORI M SI MS My Canwnbolen 0C9Q1� Expinw Jul.11,19M er; a �-U711 (Personally know to me, or ( ) Produced identification ( ) DID take an oath, or (V-11" R� this a day of Type of I.D. Produced DID NOT take an oath. WSDAAME'N 5 950928 DESCRIPTION A PARCEL OF LAND LYING IN TRACT 15. OF THE 'FORT LAUDERDALE TRUCK FARMS' V;NG ►VISION OF SECTION 10. TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: -OMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 10; THENCE N 00'00'16' W, 33.01 FEET ALONG THE EAST LINE OF SAID SECTION 10: THENCE N 89'01'23' W, PARALLEL 'ARALLEL WITH THE SOUTH LINE OF SAID SECTION 10, 1780.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE N 89'01'23' W, ALONG SAID PARALLEL LINE, 200.00 FEET; THENCE J 00'00'16' W, 7.00 FEET TO A POINT ON A LINE 60.00 NORTH OF AND PARALLEL -VITH THE SOUTH LINE OF SAID SECTION 10; THENCE. N 89'01'23' W, 100.00 FEET; THENCE SOUTH 00'00'16' E. 7.00 FEET TO A POINT ON A LINE 53.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10; THENCE, N 89'01'23' W, ALONG ;AID PARALLEL LINE, 100.00 FEET; THENCE N 00'00'16' W, 7.00 FEET TO A POINT ON A LINE '30.00 FEET NORTH OF AND PARALLEL. WITH THE SOUTH LINE OF SAID SECTION 10, THENCE N 89'01'23' W \LONG SAID PARALLEL LINE, 235.00 FEET; THENCE, S 00'00'16' E, 7.00 FEET TO A POINT ON LINE 53:00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10; "HENCE. N 89'0I'23' W, ALONG SAID PARALLEL LINE, 200.00 FEET; THENCE N 00'00'16'W .LONG THE EAST RIGHT-OF-WAY LINE OF N.W. 70th AVENUE. AS RECORDED 4 O.R.B. 5432, PAGE 631 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 87.57 FEET; TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING RADIUS OF 25.00 FEET; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE ARC 40SAID CURVE THROUGH A CENTRAL ANGLE OF 90'58'53', AN ARC LENGTH OF 39.70 FEET A POINT ON A LINE 13.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY E OF NORTHWEST 57TH STREET; AS RECORDED IN O.R.B. 3918, PAGE 854 OF THE PUBLIC ECORDS OF BROWARD COUNTY, FLORIDA; THENCE S 89*01'23' E. ALONG SAID PARALLEL LINE 35.00 FEET; THENCE S 00-00'16' E 313.00 FEET TO THE POINT OF BEGINNING. ONTAINING 258,830 SQUARE FEET. OR 5.94 ACRES, MORE OR LESS. Exr4tei; "A�. Page 1 of 2 0 C� W 7 ct cr- F-- N LAJ Z 0 COMMERCIAL BLYO. LOCATION SKETCH NOT TO SCALE EXHIBIT "All Page 2 of 2 w, EXHIBIT "Ill" L TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT MARKET PLACE 0 Meter Schedule Fqr Non -Residential Use: Water Sewer Size ERC's ERC's Ba Name 5/8" 1.0 1.0 1 Walgreens 0 0 2 Vacant 5/8" 1.0 1.0 3 Cache Day 5/8" 1.0 1.0 4 E.R.A. R.E. 5/8" 1.0 1.0 5 Mr. Dry Clean 5/8" 1.0 1.0 6 Expr. Per. Serv. 5/8" 1.0 1.0 7 Dr. Rose 5/8" 1.0 1.0 8 Eye Optical 1" 2.5 2.5 9 Sherw. Williams 5/8" 1.0 1.0 10 ANA Rode 0 0 11 Vacant 5/8" 1.0 1.0 12 Dr. Sadowski 1 to 2.5 2.5 13 Advest 0 0 14 Vacant 5/8" 1.0 1.0 15 Phoenix Title 0 0 16 Vacant . 5/8" 1.0 1.0 17 Global Tray. 5/8" 1.0 1.0 18 Golf USA 5/8" 1.0 1.0 19 G.C.O. 2" 8.0 .0 Irrigation -------------------------------------------------------------------------------------- TOTAL: 26 18 �J THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LANES: 2 AT 4" DIAMETER Existing E.R.C.'s: Water 24.5 Sewer 16.5 New E.R.C.'s Req: Water 1.5 Sewer 1.5 I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MI*IMUMkEQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INT DF&D SE. LAKDAS NVArRA, P.E. SEAL .u..aOWMeaNu,ww. Cat Ma. n1I / rt;'r . ;•.S"+-... • ,v•.;^.�`Fl��'�+'hiJ"Hfr�:�'wivcro e:.�.,.-r.rh�.a �r ,. This Inatrumnnt prepared by Theresa McLaughlin, Esquire Holland & Knight One Cast Broward Blvd., 13th floor Fort Lauderdale, Florida 33301 SPECIAL WARRANTY DEED p,, JgC1C Ug�FaH�, ct]ur.ity r�uwt.t•t- THIS SPECIAL WARRANTY DEED made the `=` day of .Lanuary, 1995 N by Kingstowne holdings, Inc., a Delaware corporation, Individually, as Trustee and as Agent for Oleifera Investments Limited, udder Master Participation Agreement dated September 27, 1990, hereinafter called the 31q/' x Grantor, to Marketplace at Tamarac Asso isles, Ltd., aIlorid�tI-atic�ax v X partnership, whose �vst office address is r�fl0 - / / o ^� r fir. hereinafter called the Grantee I.D. Number is $ 3� 90o�d o "grantor and "grantec' include all the p artier to (whenever used hereunder the terms " this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations): WITNESSETH: That the Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other valuable considerations, receipt whereof is hereby n acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Broward County, Florida, viz: Parcel A of THE RK PLAT', according to the Plat thereof, recorded ill Plat Book 143, Page 22 of the Public Records of Broward County, Florida. SUBJECT TO: See Exhibit "A" attached hereto NOTE: Tax Folio Number of said real, property is 19110-34-00100. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said grantor. IN WITNESS WHEREOF, the said grantor has set grantor's hand and seal the day and year first above written. Signed, sealed and delivered �in�presel- Name Printed: ON aya a Pr me l3 T21 icke KINGSTOWNE HOLDINGS, INC., a Delaware corporation, individually, as 'Trustee and as Agent for Oleifera Investments Limited, under Master Participation Agreement dated September 27, 1990 i Margaret Evans, Vice President • • 0 WUNTY OF BROWARD 7A--) The foregoing instrument was acknowledged before me this 3D day of January, 1995, by Margaret ,Evans, as Vice President Mngstowne Holdings, Inc., a Delaware corporation, individually, as 'Trustee and as Agent for Oleifern Investments Limited, under Master participation Agreement dated September 27, 1990, a corporation, on behalf of the corporation, who i, ersonally known to m or has produced as identificat' n. NoWy Pub] ic__ Name 6KNotary Printed: My Commission Expires: My Commission Number is: JANE B. FUCKER 3•i fi MY COMMISSION J CC26976o t)(pIRES ` a' Ap19 29, 1997 FTLl-135483 THIS ASSIGNMENT OF SALE AND PURCHASE AGREEMENT made this M day of January, 1995, by LEONARD LEVIN, hereinafter referred to as Assignor, in favor of MARKETPLACE AT TAMARAC ASSOCIATES, LTD., a Florida limited partnership, hereinafter referred to as Assignee, W I T N E S S E T If: WHEREAS, Assignor has entered into a Sale and Purchase Agreement (the "Contract") dated October 5, 1994, as amended by the First Amendment dated November 4, 1994, as amended by the Second Amendment dated November 11, 1994, as amended by the Third Amendment dated December 1, 1994, as amended by the Fourth Amendment dated December 16, 1994, as amended by the Fifth Amendment dated January 5, 1995, as amended by the Sixth Amendment dated January 13, 199S, and as amended by the Seventh Amendment dated January 20, 1995, with Kingstowne Holdings, Inc., as Trustee and as Agent for Oleifera Investment, Ltd., under Master Participation Agreement dated September 27, 1990, to purchase that property described as The Marketplace at Tamarac, located in Broward County, Florida; and WHEREAS, Assignor desire to assign said Contract to Assignee and Assignee desires to assume the obligations therein. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration paid by Assignee to Assignor: 1. Assignor does transfer and assign all right, title and interest in and to the Contract, to Assignee. 2. Assignee shall be entitled to all right, title and interest- in and to said Contract, the earnest money deposit and the property transferred thereby. 3. Assignee agrees to and does accept said assignment and hereby assumes and shall be bound by all of the terms and obligations of the Contract. IN WITNESS WHEREOF, the parties iret, h e executed this Assignment of Contract on the date andr f r t above written. "ASSIGNOR" MARKETPLACE AT TAMARAC ASSOCIATES, LTD., a Florida Limited Partnership By: TAMARAC S.C. COMPANY, LTD., a Florida Limited Partnership Its: General Partnepll1 By: TAMARr. ORrnpee , INC., T Flo ida ation Its: Gene al P By: Its: President "ASSIGNEE" 08:21200680.007:95 EXHIBIT I • • H MCNAB ROAD TEXAC❑ TAMARA C BR❑❑KW❑❑D ¢ CASABLANCA PLAZA PLAZA CENTER ra o > /. WOODLANDS UNIVERSITY 68 ST j SCHOOL COMMONS C3 67 ST w r % BELLE cy % TERRE a a 65 ST a x OF TAMARACcl a pa N u n MAINL DS S 15 j' x 65 w JUNIV. 64 CT ,� SH❑PPES 64 ST/•%%% ❑FCS. 64 ST EGAN Q PLAT Q © ¢ 63 CT 63 j o n a a ¢ cu CT UILLAGE I� n W 63 ST 63 ST RUARE > SAINT 62 ST 62 STw % 62 ST 0 w Z MALACHY > a a a Q > /� ¢ % w a 61 ST 3 w z� J❑HN ►- 3 F 61 ST HTERN > ¢ n n .ten / 6, ' n g `° w URTIS IELD NATIONS n N ANDS %% i %� SEC 10 r 60 CT F,�%% . 9� o PLAT BANK 60 ST 7�/'�. ¢� /. 60 ST oQ in a w 58 CT a ow n 58 ST n BLOCK o0 5 BUSTER H BIG LOTS B❑STON PLAZA CHICKEN z z w 0 57 ST z U zZ h- Dcl o BLATT A a�_jj mo- viaaww PLAT 55 ST_rrr�i%% i?� \ �,Z/i%% 05k, 59 ST n cu Sg Sr > w > Sr > %� W Q ¢ MAIL D SEC 9 a r > iO `° 57 DR j )R 5 t- 0 MA LA DS EC 8 57 CT 57 CT 57 ST J S~z A Qw w¢a0�-¢ cv) � q u w �¢ an 73 aaLo �. COMMERCIAL BLVD MARKETPLACE OF TAMARAC WATER AND SEWER DEVELOPER'S AGREEMENT AMENDMENT NO. I MPTWSDA.DWG