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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-1021 Temp. Reso. 7057 CITY OF TAMARAC RESOLUTION NO. R-95 a�- A RESOLUTION OF THE CITY COMMISSION OF THE C!TY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH TAMARAC NURSING CENTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tamarac Nursing Center known as Heartland of Tamarac has requested a dumpster sewer connection which requires an additional payment of $1,550.00 for one sewer ERG (Equivalent Residential Connection); and WHEREAS, it is the recommendation of the Utilities Director that this First Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Tamarac Nursing Center be approved and executed; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to accept and execute a First Amendment to the Water and Sewer Developer's Agreement. 1 1 Temp. Reso.705 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 being attached hereto as "Exhibit 1 ". SECTION 2: That the appropriate City Officials are hereby authorized to execute the First Amendment to the Water and Sewer Developer's Agreement with Tamarac Nursing Center known as Heartland of Tamarac. 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 -SECTION 4; All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 portion or application of the Resolution. 2 SECTION 6: adoption. Temp. Reso.7Q57 This resolution shall become effective immediately upon PASSED, ADOPTED AND APPROVED this /a day of , ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have appr d this Resolution as to for - I e MITCHELL S. OWT CITY ATTORNEY 1 (V-1 NORMA BRA WITZ MAYOR RECORD OF COMM MAYOR A_RA-MO-VI TZ DIST. 1: v / M KATZ DIST, 2: COMM. MISHKIN DIST, 3: COMM. SCHREIBER DIST. 4: COMM. MACHEK 3 VOTE 01-31-1y��7 02: `6P11 FROM CPAVFN. THOMPSON TO 1419252557"3 P. 02 Ll FIRST AMENDMENT TO WATER & SEWER DEVELOPER'S AGREEMENT. HEARTLAND OF TAMARAC 1TCRV ERLY" FOR TN*RAC NUBS I NO CENTER ,(Name of Development) THIS AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 88th Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called "CITY" and HEALTH CARE AND REr I RRAENi 00RF0PAT I ON of AMER I CA having an address at CNE SEACATE, TOLODO, OH 43604-2616 hereinafter called "DEVELOPER." _ WITNESSETH: 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 hereof on DECEMER 11, 1986 said Agreement recorded in Q.R. Book 13202 Page 89 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 11(H) of the Developer's Agreement is amended to read as follows: 11. H. CONTRIBUTION FROM DEVELOPER CONTRIBUTION WATER Residential... # N /A Units X - ERC's Per Unit @ $ Non -Residential.... #. _92.5 ERC's @ $ 595.00 Per, ERC Total ERC's 92.5 (WATER) CONTRIBUTION SEWER Residential... . # N/A Units X Non -Residential... # 92.5 ERC's @ $ Total ERC's 91: (SEWER) ERC's Per Unit @ $ - 1, 045.00 Per ERC AND 1 Per ERC Per ERC ERC @ $1, 550.00 PER ERC. For New Dumpster (See Exhibit "D") E Total amount of contribution charges original agreement and this amendment $ 153,250.00 Contribution charges previously paid $ 151 ,100. 00 Contribution charges added by this amendment that are due at the time this Amendment is approved by City Commission $ 1 , 550.00 1 2. paragraph' III (A) of the Developer's Agreement is amended to read as follows: llf. A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS 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 City Engineer, 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 an 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 92.5 ERC's of water service and 93.5 ERC's of sewage treatment plant capacity for DEVELOPER. 3. All other provisions of the Developer's Agreement are hereby ratified. This Amendment shall become effective on the latest date of execution by a party hereto. U -2- 01-31-1995 02:57PM FROM %.RAUEN.THOMPSON TO 14192525539 P.04 IN WITNESS WHEREOF, the parties hereto have caused thes executed on the day and year indicated below: a Presents to be 0 ATTEST: By:]00c�L �t4_ Robert S. Noe, Jr. City Manager ATTEST: By: Carol A Evans, City Clerk STATE OF FLORIDA 0 : SS COUNTY OF CITY OF TAMARAC By: J% Norman ramowitz, Mayor Date: By: VIA Y" Robert S. Noe, Jr. City Manager Date: _ Aldw /a. 199 5- to form: Mitchell S. w City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County, aforesaid to take acknowledgements, personally appeared is to me known to be fl*person (s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. 1/ITNESS my hand and official seal this lel" da of %% NOTARY PUBLIC, State of OQl%y POO OF MCIAL NOTARY SEAL Florida at Large MYLLiB FOUKOFF COMMISSION NUMIXII C0a®aa62 MY COMMISSION 11P. Le'W.A `7ell° (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( Personally known to me, or )Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ID NOT take an oath. -3- 01-31-1995 02:57PM FROM CRAVEN. THONP9Ohl TO 14192525539 P.05 4 . -/© Z u E ATTEST: �URYL+A.,111�UTLRIER v (Corporate Seal) STATE OF b\A`L SS COUNTY OF L C �. : DEVELOPER/OWNER By: �3- PAUL SIEBEN, VICE PRESIDENT DEVELOPMENT AND CONST. I HEREBY CERTIFY that on this day, before me, an officer duty authorized in the State aforesaid a in the County aforesaid to take acknowledgments, personally appeared C=, . 5v 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 seal this �� day of -C`��l -� 19 �� � . t NOTARY P LIC,' State of CNERYL MUTURIER NOTARY PUBLIC, STATE OF MY COMMISSION EXPIRES OCTOB R 14 , 1998 (Name of Notary Public. Print, Stamp, or Type as Commissioned) Personally known to me, or ( } Produced identification Type of I. D. Produced DID take an oath, or ( ) DID NOT take an oath. s11 Y, /P. 96-/0 a • EXHIBIT D DEV'ELOVMMIT Tamarac Nursing Center TOTAL METER SCHEDME rOR NON-RESIDEMIAL USE 2. NURSING Z" NURSING 99.7 G.P.D. (assumed average consumption per bed, per day)= 194 G.P.D. per ERC = 0.5139 ERC's per bed. TOTAL ERC' S 180 BIDS @ 0.5139 ERC/BID = 92.5 ERC's (Water & Sewer) Plus 1 Dumpster @ 1 ERC (Sewer) = 93.5 ERC's (Sewer) TOTAL ERCOS 92.5 1 DMWBTER r, q I ITE I TO SN=R (Water) 93.5 (Serer) THIS PROJECT REQUIRES THE FOLLOwINQ SIZE AND Np11HER or FIRE LIV=2 AT 4" DIAMETER AT 61" DIAMETER 1 AT 811 DIAMINM T to DIAjLETER WASTERA'1'ER rum STATION ERCOS + SITE ACRES SRCIS /SITE ACRE 0 page- i of Z 'P- r, -/o 2- I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA FUILDING CODE FOR THE INTENDED USE. N6% � WkTM MM4-5 A Iz�. EY, i ST141�C� 7 AvDi qej -5amoz ►.�4-TEttpt t� R burps p. o t,Li . Page 2 of 2 Cl ,C'•95-/oz E �xNie�-r 'A,' DESCRIPTION: A PORTION OF TRACTS 10 AND 15, OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 9, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENTCE NORTH 01926'27" VEST, ALONG THE EAST LINE OF SAID SECTION 9 A DISTANCr OF 459.03 FEET; THENCE SOUTH 89035'24" WEST, ALONG THE NORTH RIGHT OF WAY LINE OF N.W. 57th STREET, A DISTANCE OF 1350.01 FEET; THENCE NORTH 01'26'27" WEST, ALONG THE WEST RIGHT OF WAY LINE OF N.W. 79th AVE., A DISTANCE OF 585.66 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE. CONTINUE NORTH 01026'27" WEST, ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 386.55 FEET; THENCE SOUTH 89'35'35" WEST, A DISTANCE OF 569.98 FEET; THENCE SOUTH 01'26'08" EAST, A DISTANCE OF 386.58 FEET; THENCE. NORTH 89035'24" EAST, A DISTANCE OF 570.01 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING 5.057 ACRES MORE OR LESS. CERTIFICATE: I HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 21HH-6.06(1), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF LAND SURVEYORS, IN SEPTEMBER 1981, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE I�L DEVIS M. BEALE REGISTERED LAND SURVL'YO? NO. 3606 STATE OF FLORIDA mmi a rT 'A i1TL tnGWAT'61% v1LL&W- ^NW MM S-T CANAL \ r�waA MAX Z MIDWAY PLAZA D%fPOST W. 57�A 6x IF -1 COMb"CIAL bLvp. 1- c -ram sew N.r.5. ..BEET 1 OF 2 SHEETS 10 I 0 I'0 le' 9 5-/02. CRAVEl" - THOMPSON & t .J'SOCIATES INC. Y ARCHITECTS • ENGINEERS - PLANNERS • SURVEYORS 5901 N.W. 31 AVFNUF . FOWr LAUDERDAAA , FLORIDA 33309 . (306) 971.7770 OFFICES: FORT LAUOEADALE, WEST PALM @EACH 7 SCALE: i NOTE *••a Is 29-T A a.i Tc,. of sun WIT . Wr .." r a•2 r-t a"A, .. of ..r ""..at." Mr\\. BEARINGS SHOWN HEREON ARE BASED ON TFE STONERNEITH 9ESURVEY OF TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN MISCELLANEOUS PLAT BOOK 3, PG. 44 (B.C.► . ) 60' .C/w 1Y w rP cy ArE �1 Ci t\ 0 V S oi• ?4 , od "E ,3Ba. sg' C,4ii/.44 /c7' el,r (0•.P.x 9667 .dG. SD7•4_111) E. 4 iyF .SFc. 7 h � I a c, �N owl v Ly �L u Ic a. M i DATED.. SHEET 2 OF 2 SHEETS UPDATES ona/or A"S10NS DATE BY CK'D NOTE TM.Ad«uprrd04CAAVEN•THOMPS N IL ASSOOATES,INC. moos .w rapssanlctou ar puaramaas /a To Me Mfarnrfan raflaCTad r wN*n Faridirp ra atswrtw.b,riatls-of•ria/,lid bedtip,Tstpvol* Opraan.sra7ariaafteraimio. mortws,and furnMr, ftslnatrwwo is not tN1 d la rafW"crpT f -mdl such moflwa. Such Wwm 0ch should be abtaiMd and wa ttnad by W4n Broign appropriate lids vertificafion. NOTE Lands shosmhom wwvoWobafraehd NIrT{MA.af.wf are/or adsomwna of record. ^� "^ - ^�•W� �, r 'twrrrro 8v 1, F.B. P0. FILE No. ara