HomeMy WebLinkAboutCity of Tamarac Resolution R-95-1521
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Temp. Reso. 7100
CITY OF TAMARAC
RESOLUTION NO, R-95 1-5
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
COLONY WEST COUNTRY CLUB; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Colony West Country Club has requested an additional 1" water meter
to service a water fountain and pump; and
WHEREAS, Resolution R-94-210 of the City of Tamarac requires that a 1" water
meter be charged a fee of $3,012.50 for 2.5 water ERC's (Equivalent Residential
Connection); and
WHEREAS, it is the recommendation of the Utilities Director that this Second
Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac
and Colony West Country Club be approved and executed; and
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Temp. Reso.7100
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 Second Amendment to the Water and Sewer Developer's Agreement.
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
execute the Second Amendment to the Water and Sewer Developer's Agreement with
Colony West Country Club being attached hereto as "Exhibit 1" and shown in map form as
"Exhibit 2".
S-EO,TJON 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hereby repealed to the extent of such conflict.
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Temp. Reso.7100
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.
SECTION 6:
adoption.
This resolution shall become effective immediately upon
PASSED, ADOPTED AND APPROVED this—lm?—day of ,
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
oved this Resolution as to
or y IT
MITCHELL S. Kjf�
CITY ATTORN
Utilities/mw
RECORD OF CC
MAYOR
ABRMAOWITZ
DIST. 1:
V / M KA'TZ
DIST. 2:
COMM. MISHKIN
DIST. 3;
COMM. SCHREI�
DIST. 4:
COMM. MACHEIi
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• 2ND AMENDMENT TO WATER & SEWER
DEVELOPER'S AGREEMENT
C�
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For Colony West Country_Cl-ub
(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 C b
ng an address at 6800 N.W
Pine Island Road Tamarac, Florida 33321
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
said Agreement recorded in O.R. Book 975a Page _827 �'-
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 I (K) of the Developer's Agreement is amended to read as
follows:
Residential ... # Units X ERC's Per Unit @$ Per ERC
Non -Residential... # 8 ERC's @$ 350.00 Per ERC
Non -Residential... # 1 ERC's @$ 555.00 Per ERC
Non -Residential... # 2.5 ERC's @$ 1205.00 Per ERC
Total ERC 's__ __1_1.5 (WATER) f6
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CONTRIBUTION (SEWER)
Residential ... # Units X ERC's Per Unit @$ Per ERC
Non -Residential... # 8 ERC's @$g0.00 Per ERC
Non -Residential... # 1 ERC's @$ 975.00 Per ERC
Total ERC's 9 (SEWER)
Total amount of contribution charges
original agreement and this amendment
Contribution charges previously paid
$ 12 542.50
$ 9,530.00
Contribution charges added by this amendment
that are due at the time this Amendment
is approved by City Commission 3012.00
2. Paragraph III(A) of the Developer's Agreement is
amended to read as follows:
1A A ,. _
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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 11.5 ERC's of water service and 9 ERC's
of sewage treatment plant capacity for DEVELOPER. T
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.
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year'indicated below:
ATTES :
V �
By:
Robert S. Noe, Jr.,
City Manager
ATTEST:
By:
Carol A. Evans,
City Clerk
STATE OF FLORIDA:
pSS:
COUNTY OF .CJ3-�
ACCEPTED BY CITY OF TAMARAC
G EE
By:
rman AbramoAwitz,
Mayor
Dat 7
NA-s�- n
By:V
Robert S. Noe, Jr.,
City Manager
Date:
By
City Attorney
I HEREBY CERTIFY that on this day, before me, an office F,duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appearS WM
o to me known to be the person(s) described in and
who executed the foregoing ir_strument and acknowledged
before andund?er oath me that executed the same.
WITIjNESP my hand and official seal this 1--2- day of
NOTiRY PUBLIC, State of Florida
at ar e
L/ C e
(Name of Notary Public: Print,
(Vj Personally known to me, or Stamp, or Type as Commissioned)
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( e<DID NOT take an oath.
,►'RY PV9 ORRICIAL NOTARY SIAL
O !f PHYLLIS POLIKORR
2 * COMMIS41ON NUM■ER
CC390392
MY COMMIMON UP.
-3-
0 ATTEST:
STATE OF FLORIDA .
SS
COUNTY OF
DEVE PER/OWNER
By
Richar L. Evans
Admins ratior
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
Richard L. Evans
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 off'cial seal this �Lj day of ."
CLAA 19 9 .
NOTARY
Florida L N ANDFRSE
ublir., ftio at Parlda
My Comm. Fxpir#n July RA iom
No. CC 387577
(Name o No
Print, Stamp or Type at
Commissioned)
�) Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or (r\ DID NOT taken an oath.
O62392 -4 - AWSDA
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AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE)
I Richard L. Evans
that I am the Administrator
do hereby affirm
of Colony West Country Clughd that I
have executed an amendment to a water and sewer Developer's
Agreement.
There are no mortgages held on the property which is the
subject of said Developer's Agreement.
FURTHER AFFIANT SAYETH NOT.
r
( GNAT RE) Ric ar vans _
Administrator
This J day of 19
STATE OF FLORIDA )
_.--
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 ak acknowledgments, personally appeared
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to me known to be the persons described in and who executed
the f5regoing instrument and � acknowledged before me
that, executed the same.
WITNESS my hand and of icial seal this �- day of
19
NOTARY PUBLIC, State of
Florida at Largef
Ndarypubk,, :;MW O ROrWa
My Comm. Expirem .July 23,19M
(Name of Notary Pu C387577
Bonded Thro 6111t+Ml MINIM fi"Iff
Print, S tamp , or
Commissioned)
(� Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
. ( ) DID take an oath, or Q1 DID NOT take an oath.
062392 -5- AWSDA
E1W141T A
SKETCH OF
THE COLONY WEST CLUBHOUSE SITE
DESCRIPTION
FAA parcel of land in the NWk of Section 9, Township 49 South, Range 41
East, said parcel including a portion of Parcel G, according to the Plat of
Woodland Lakes, as recorded in Plat Book 71 at Page 18 of the Public Records
of Broward County, Florida, and all of Tract A, Colony West Clubhouse Plat,
as recorded in Plat Book 103 at Page 36 of the Public Records of Broward
County, Florida, and being more particularly described as follows:
Beginning at the Northwest corner of aaid Tract A, Colony West Club-
house Plat: thence run South 89*01'50" East (on an assumed bearing) 600 ft.
along the North boundary of said Tract A and the Northerly boundary of said
Parcel G; thence run South 0*01'37" East 112 ft.; thence run North 89001'50"
West 70 ft.; thence run South 0001'37" East 235 ft.; thence run South
44°58'23" West 318.08 ft.; thence run South 0*01'37" East 199.16 ft.; thence
run South 89'01'50" East 150 ft.; thence run North 16" East 310 feet; thence
run North 43*30' East 170 ft.; thence run South 35°40'53" East 80.08 ft.;
thence run South 43'30' West 197 ft.; thence run South 166 West 285 ft.;
thence r-un North 89*01'50" West 240 ft., to an intersection -with the Westerly
boundary of Parcel L, as shown on said'Plat of Woodland Lakes; thence run
North 0°01'37" West 285 ft. to the Southeast corner of said Tract A; thence
run North 89°01'50" West: 250.04 ft., to the Southwest corner of said
Tract A; thence run North 0°01'37" West 550 ft. along the West boundary of
said Tract A, to the Point of Beginning.
Said lands situate in the City of Tamarac, Broward County, Florida and
containing 7.679 acres, more or less.
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LOCATION MAP
NOT TO SCALE -,�: a'�
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N. W. 8871' APE.
CERYIFICATK
THIS IS TO CERTIFY THAT A SURVEY WAS MADE THIS DAY OF THE
r ROrERTY AS DESCRIBED AND SHOWN HEREON AND THAT THE SURVEY
AND SKETCH ARE ACCURATE AND CORRECT TO THE BEST OF OUR
KNOWLEDGE AND BELIEF.
WINNINGHAM • LIVELY. INC.
BY
REGISTERED LAND SURVEYOR NO, IBSO
STATE OF FLORIDA.
4RCEL L
ANo LAKES
WINNINGHAM & LIVELY, INC.
SURVEYING --� ENGINEERING
1040 N. E. 45*H STREET
FORT L.ALIOERDAL.E, FLORIDA 333a4.
PHONE 772-2640
SURVEY STAKE SPOT FINAL
7-M-Of1
FIELD BOOK N': 11 1 SCALE : 1"■ 700 ' 1 SKETC....-'
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EXIST. CANA��
EXIST. CANAL
COLONY WEST EXECUT)VE GOLF COURSE
,WATER SERVIO FOR+ . RIMING PUMP
& WATEROUNTAIN'
_..
JOB NO. 940509
DWG. BY. ,7
ISCALE: 1•=100'
FILE NO.
OWD BY:
DATE: g _ 7 _ qy
ISHEET / OF
/ SHEETS
EXHIBIT "2+
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EXHIBIT D
TAMARAC WATER AND SEWER AGREEMENT
11A1lI K1111 d, 14► I �•�.1m+15 =g67lnr.l0i m
SITE
BUILDING # # OF UNITS # OF ERC'S # OF METERS OF METERS
TOTAL
ERC'S SM YICE USE
1° 2.50 Drinking Fountain
TOTAL ERC'S
2.50
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER
AT 6" DIAMETER
AT 8" DIAMETER
AT—" DIAMETER
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.
oJarns A Thiele, P.E. eg. No. 33256
SEAL
I: IWORD6IHARRMAMEM D.DOC