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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-1641 Temp. Reso. #6800 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94- /6 A RESOLUTION 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 REGENCY HOMES FOR WOODMONT TRACT 56 DEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN_EFFECTIVE DATE. WHEREAS, the City Council 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to execute the First Amendment to the Water and Sewer Developer's Agreement with Regency Homes for Woodmont Tract 56 Development, a copy of said agreement being attached hereto as "Exhibit 111. SECTION_3_ That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. 1 1 1 Temp. Reso. #6800 SECTION All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 applications of this Resolution. SECTION 6: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this y2� day of , 1994. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have p ved this Resolution as to f rm. / 8/94 TCHELL S CITY ATT NORMAN ABRAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ l DIST. 1: V / M KATZ DIST. 2: C / M MISHKIN DIST. 3: C / M SCHREIBER DIST. 4: C / W MACHEK -2- EXHIBIT "1" 1st AMENDMENT TO WATER & SEWER DEVELOPER'S AGREEMENT For Woodmont Tract 56 (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 Regency Homes, Inc._ having an address at 28 6 N. University Drive, Coral S rin s FL 33065 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 hereof on UN� 9 O of said Agreement recorded in O.R. Book O S page 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 co^siderations, the parties hereto covenant and agree as f Ows: 1. Paragraph II (H) of the Developer's Agreement is amended to read as follows: II. H. CONTRIBUTION FROM DEVELOPER CONTRIBUTION _WATER Residential $ 46 Units X 1 ERC's Per Unit Q$1205.00er ERC Non -Residential ... $ 205 ERC-8 $ $1205 QBer ERC Total ERC's G8.5— (WATER) CONTRIBUTION SEWER Residential ... 1 46 Units X ._L._ ERC's Per Unit d$1550.04er ERC Non -Residential ... $ 2.5 ERC's # $1550.GPer ERC Total ERC's • 48.5,(SEWER) Total amount of contribution charges $133,,617.50 original agreement and this amendment $132,240.00 Contribution charges previously paid Contribution charges added by this amendment that are due at the time this Amendment 1,377.50 is approved by City Council per living unit * Total including $26,016.00 for 48 marmom credits on $542.00 p 2. Paragraph III(A) of the Developer's Agreement is amended to read as follows: III, A. C�ITY'S�������ACE OF SYSTEMS AFTER When, at no cost to CITY, (1) the water distribution in - and sewage collection systems haovedb en csatisfactoriwriting ly stalled, inspected, tested and nether with the City Engineer, or by the DEVELOPER's engineer, tog his authorized representative; and (2) when DEVELOPER has Agreement satisfied the conditions of this , then CITY shall thereaftez maintain the owsand Within grantedution yseasements em and Seupon collection system up t DEVELOPER'S PROPERTY. The obligation of the CITY ater shall furnish water and/or sewer service othcomtletedcthetruction conditions acontained not arise until DEVELOPER has p 48.5 ERC's of water in this paragraph. The CITY shall reserve capacity for service and 48.5 ERC's of sewage treatment plant cap Y DEVELOPERt. visions of the Developer's Agreement are 3. All other pro hereby ratified. 4. This Amendment shall become effective on the latest date of execution by a party 0 -Z - rI 11 L, IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: A TT T: By: L - Robert S. Noe, Jr., City Manag ATTEST Carol A. Evans, City Clerk CITY OF TAMARAC APPROVED AT MEETING OF STATE OF FLORIDA : • COUNTY OF �� SS L C T OF TAMARAC By: 6 1`4ofman Abramowitz, Mayor Date: By: Y 1 ) �-✓� �- �r Robert S. Noe, Jr., City Manag I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid nd in th County aforesaid to take acknowledgements, personally appeared °""'b' nf°` ;'� 1 to me known to be the person (s) described in and who executed the foregoing instrument and acknowledged before me that VeQW executed the same. WITNESS my hand and official seal 19 �. 2 SPRY pC/B�r OFFICIAL NOTARY SEAL NANCY WILSON u * C4MM14d10N NUMBER CC373221 QF F`CQ?� MY COMMISSION EXP. J d personally known to me, or ) Produced Identification this,,,/ day of NOTARY LIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( GY115-6 NOT take an oath. hem ATTEST* Dav Cor or�evine to Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF DEVELOPE r Regency 0 es, nc. By: U rlie agen eim Vice President 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 Co me known to be the persons) described in and who executed the foregoing instrument and -*-- acknowledged before me and under oath that executed the same. WITNESS pay hand and official seal this Zn day QJ Lea 19 RY U IC Slats o orida at, Lat%'G f ha/i �l �' '_�� Notary Public, State of Florida( Name Of Notary P,ubl C : - t• GEORGIA ANN WEGMAN print, Stamp or Type at My Comm. Exp. Jan. 4, 1997 Commissioned) Comm. No, CC 249P66 ( personally known to ae, or ( ) produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT taken an oath. AWSDA 0 062392 "4 " OigI-I Lq C, J ATTEST:MORTGAQEE (if Applicable)Je n By: �' F'•'� ,'t i 7 r�.� -tj-:vim---- / n Corporate Acretary jews .0 President � (Corporate Seal) STATE OF FLORIDA. : SS COUNTY I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take a4nowledgments personall appeared to me known to be theperson(s) described in and who executed the foregoing instrument and tiacknowledged before me and under oath that L. executed the same. WITH SS my hand and official seal thi day of 19 �Y'PUBLIC: State of Y Fl or i d a at f�Large \r +pt1P ,ik k4�ZpBE�}iWGG351430/ �•e•26-'� (Name of Notary Public: Print, Stamp, or Type as Commissioned) }, Personally known to 00, or Produced identification Type of I.D. Produced ( ) DID take an oath, or (DID NOT take an oath. 062392 -S - AWSDA k,q�LILLf EXHIBIT D TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT Woodmont Tract 56 SIZE BUILDING _ OF UNITS#OF ERC'S #OF METERS OF METER 46 46 46 5/8" x 3/4" TOTAL 46 46 46 METER SCHEDULE FOR NON-RESIDENTIAL USE SIZE ERC'S SERVICE USE 1" 2.5 Recreational Parcel TOTAL ERC' S 48.5 THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4' DIAMETER AT 60 DIAMETER AT 8" DIAMETER AT " DIAMETER I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLOR-DA BUILDING CODE FOR THE INTENDED USE. SEAL AMEND.W/S/D/AGR REV.1/13/88 REV.7/27/90 0 0 4 -q4-1L,4 S /TE --i FP A I. PHOENIX SUd/TATIOM C _ 14 CANAL TAMA� A _�JSr LAME3 TR 5@` a T'R 48 ,11yCgwAY + e (115-23 ' vtio �� 3,._h� >•= IC1 rt �- � �, tee"' -iw 105- \ , 4S1 w000►:oNr GOLF COURSE (2)(88-20,)�-- �r,i / bC NY C 1 `w �--- BAMr . C\ to AM 92-46 *Opp Ar ft , IV 1=� 95-4 �t 1 rR 67 < TIER 'I lop 64 9 �10 11 ) 4 ♦4 �0 � 1 i boob oNT sN t G AVM yM�E M It 1w�pM0 DOM3I \I-_ WOOT 1 AARAC (IOT-4Y )ARE _1-j N. ' i—r- VETEOERS PARK 610 b•�•�� 50 � -r 4 w� 8. t i 1 1 (76- 6 1L%M rWL4AL M!; --' - . . . . .-I l / i- \ - -1 1 ._. " 1 1 1 M/IItVI REVISED 8/16/94 TEMP. RESO. NO. 6805 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 11-94-JAS� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, APPROVING A MINOR DELEGATION REQUEST FOR THE PICCADILLY CAFETERIA PLAT, LOCATED AT THE NORTHEAST CORNER OF UNIVERSITY DRIVE AND NW 72 STREET, TO AMEND THE ALLOWABLE SQUARE FOOTAGE NOTATIONS ON THE FACE OF THE PLAT; PETITION NO. 6-P-94; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of Tamarac, Florida, a public meeting has been advertised in accordance with applicable code sections of the date, time and place of the meeting regarding delegation requests; and WHEREAS, the City Council has examined the application and staff recommendation dated August 10, 1994; and WHEREAS, the Director of Planning recommends approval of this request; and WHEREAS, the City Council has determined that the application is in compliance with all elements of the Comprehensive Plan, or will be in compliance prior to the issuance of a Certificate of Occupancy for the development that is the subject of the application; and WHEREAS, the plat notation currently restricts Parcel A to 11,196 square feet and Parcel B to 3.72 acres of commercial use and 1 REVISED 8/16/94 TEMP. RESO. NO. 6805 the applicant is requesting that the notation be amended to read that the entire plat is restricted to 51,650 square feet of commercial use; and WHEREAS, the City Council 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 approve this delegation request; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION „1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being correct and are hereby made a specific part of this resolution. $ECTIO,N 2: That the City Council hereby approves the delegation request to amend the plat notations on the Piccadilly Cafeteria Plat, according to the plat thereof, as recorded in Plat Book 115, at Page 37 of the Public Records of Broward County to: The plat is restricted to 51,650 square feet of commercial use. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be 7 REVISED 8/16/94 TEMP. RESO. NO. 6805 1 1 fl unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this resolution . SECTION 5. This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of ,1994. ATTEST: CAROL A. EVANS, CIVIC CITY CLERK I HEREBY CERTIFY that I h approved this Resolutiop MITCHEU S.� ATTORNEY NORM,AN'� RAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DIST. 1: V / M KATZ DIST. 2: C / M MISHKIN DIST. 3: C / M SCHREIBER DIST. 4: C / W MACHEK 3 r Li 31 �.->LIMIT.rj` OF THIS PLAT N. 88°32t531W. (S:'890909'E.) `� .; c 4o.b 550.1I --- 590 13' r 11.53 5' UTILITY ESMT. I j �, t W l z 15 UTILITY ., o ESMT. Y LJ PARCEL "B'� 'n w I61,846 S .Ft; a � 'r+ 1to q w RESTRICTED TO 3.72 Ac. w t- (COMMERCIAL) a o _ w N W � ,' � I z �0' UTILITY.::E3MT549 Be' d ; �• do N on ° 'N A--- 24''.INGRF-SS-DRESS EShit�7 1 135.6` I I= y r 0 " rI f _fin y.W o sas041' d w.:. CD Baez — { `i v p w cD N O • on 4 11tt W ! ;I • I. Q N :• ;•j; x a 148,474 Sq. Ft. '� j I N o cn ft l= STRICTER TO 11,19 IH 5-69047 4 . 42.43 0. - �a21� seo 1)7T.75' / N. 4 5 012"16 W f q, )' 70. .r• I /s1 t=l++U.P.R.M. 8 2 9 'M N 604 ROADWAY A 9, iks:25 j° �• — �6' W Y EASEIKE NT ( 0 R 8429 P9 484) os LIMITS OF THIS PLAT61 I ! I Qs NOTE +wrfwnsrrsr INDICATES NUN - VE HIcut., fp iv A' E. s S