HomeMy WebLinkAboutCity of Tamarac Resolution R-94-176CITY OF TAMARAC, FLORIDA Temp. Reso. #6822
RESOLUTION NO. R-94- / 76
A RESOLUTION 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 PULTE HOMES
FOR LAND SECTION 6 (CAPTIVA/SANIBEL);
PROVIDING FOR CONFLICTS; PROVIDING FOR
ERABILITY• AND PROVIDING 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 Second Amendment to
the Water and Sewer Developer's Agreement.
WHEREAS, it is the recommendation of the Director of Public
Services that the Second Amendment to the Water and Sewer
Developer's Agreement with Pulte Homes for Land Section 6
(Captiva/Sanibel) be approved.
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 Second Amendment to the Water and Sewer
Developer's Agreement with Pulte Homes for Land Section 6
(Captiva/Sanibel), a copy of said agreement being attached hereto
as "Exhibit 1".
-1-
rJ
Temp. Reso. #6822
SECTION 3: That the City Clerk is hereby authorized and
directed to record said agreement in the public records of Broward
County.
SECTION --A: 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conflict herewith are hereby repealed to the extent of such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. �1.at,
PASSED, ADOPTED AND APPROVED this �T day of ,
1994.
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
�
CAROL A. EVANS, CMC
CITY CLERK
I H BY CERTIFY that I ve
ap o ed�thi, Rnluti as
t fo m.
MI9,2H!ELL S . KRAFJr
CITY ATTORNEYff
9/94
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ 1244P
DIST. 1:
V / M KAT_Z_
DIST. 2:
C / M MHSHKIN
DIST. 3:
_C / M SCI P,21RER
DIST. 4:
C / W MACHEK
=PC
�e-q Ll- / �&
2nd AMENDMENT TO WATER & SEWER
• DEVELOPER'S AGREEMENT
For CAPTIVA/SANIBEL - Land Section F
(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 Pulte Horne Corporation
- South Florida Division
having an address at 1350 E. Newport Center Drive Suite 200
Deerfield Beach, Florida 33442, 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 October 13, 1993
City Council Meetincr
said Agreement recorded in O.R. Book N/A Page N/A of
the Public Records of Broward County, and
WHEREAS, CITY and DEVELOPER entered into a 1st Amendment
to the Water and Sewer Developer's Agreement for the property
described in Exhibit A attached hereto and made a part hereof
on _February 15 1994
said 1st Amendment recorded in 0. R. Book 21840
Page 868 of the Public Records of Broward County, (the
Agreement and 1st Amendment shall hereinafter be collectively
referred to as "Developer's Agreement" or "Agreement"), 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 (A) shall have added thereto a new
subparagraph 3 which reads as follows:
3. The DEVELOPER shall have the right to design,
construct and install water distribution and
sewage collection lines within the PROPERTY in
PHASES (as hereinafter defined). All
references in this AGREEMENT to water
1
ri
L�
distribution and sewage collection lines and
the DEVELOPER'S responsibility for same and any
obligations related thereto shall refer only to
the water distribution and sewage collection
lines for each separate PHASE and this
AGREEMENT shall apply only to those PHASES
actually constructed and installed by the
DEVELOPER. PHASES for the purposes of this
paragraph and this AGREEMENT shall be two
separate PHASES for Sanibel and two separate
PHASES for Captiva as shown on the Site Plan
attached hereto as Exhibit "C" and also
described as being comprised of the SUB -PHASES
shown on Exhibit "D" as follows:
CAPTIVA PHASE 1 - Consisting of SUB -PHASES lA
and 1B
CAPTIVA PHASE II - Consisting of SUB -PHASES
IIA and IIB
SANIBEL PHASE 1 - Consisting of 1A, 1B, 1C,
1D, 1E, 1F and 1G
SANIBEL PHASE II - Consisting of SUB -PHASES
IIA, IIB, IIC, IID and IIE
2. The first sentence in the third paragraph of
Paragraph II (H) of the Developer's Agreement is amended to
read as follows:
Payment of the contribution charges shall be made
separately for each portion of the PROPERTY known as a "SUB -
PHASE" as hereinafter defined. A SUB -PHASE shall be that
portion of the Property described on Exhibit "D" (attached to
the 1st Amendment and attached to this 2nd Amendment) as a
separate Phase and further shown as being either Captiva or
Sanibel (for example, Phase 1A shown on Exhibit "D" shall have
within it two separate and distinct SUB -PHASES being SUB -PHASE
1A -- Captiva and SUB -PHASE lA -Sanibel. When a Phase shown on
Exhibit "D" only has either Captiva or Sanibel Units within it,
then there shall only be one SUB -PHASE for that Phase). The
payment of all contribution charges (water and sewer CIAC fees)
for any SUB -PHASE shall be due and payable at the time that the
Developer applies for its first building permit for any unit
within that SUB -PHASE.
3. The last paragraph of Paragraph II(H) of the
Developer's Agreement is amended to read as follows:
0 2
� 9 �-/-/ ?�
0
The contribution charges are due at the times
. described hereandabove and separately for each SUB -PHASE.
4. Subparagraph 2 of Paragraph II(I) of the Developer's
Agreement is amended to read as follows:
2. The payment of GUARANTEED REVENUES required by
this Agreement shall commence six (6) months after the payment
of contribution charges for each SUB -PHASE as described in
Paragraph II(H) hereinabove and there shall be a separate
commencement date for each SUB -PHASE. Has a Plat for the
property been recorded with Broward County X YES NO.
GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned
to the PROPERTY unless otherwise specified by this Agreement
and shall commence as specified in this paragraph.
5. All other provisions of the Developer's Agreement are
hereby ratified.
6. This Amendment shall become effective on the date of
acceptance by the City Council.
E
0 3
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year indicated below:
ITY OF TAM RAC
ATTEST: By :
IV&yor
By:
Date:
ATTEST: 1 "
By: By:
City Clerk ` CITY MANAGER ~
Date: jt Z�;'�cjL .i i'/ i L `f
roved as to fo
By.
�;
'Mir chell S. Kra t,
City Attorney
STATE OF FLORIDA
SS
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid to take a^cknojwgledgements, personally appeared
�.. •) ,A.ry. r �'- . Y-"t !,{.0f..!•C%.: y .�4� � � n}4�- P¢..
to me known to be the person(�s)described in and/who executed
the foregoing instrument and 44e' acknowledged before me that
executed the same.
WITNESS my hand and official seal this day of
NOTARY PUBLIC, State of
Florida at Large NOTARY PUBLIC STATE OF FLORIDA
y BONDED THRUOGENERAEXP-LNOV INS.6UND.
(Name of Notary Pubic.
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.
4
DEVELOPER/OWNER/CONTRACT
� PURCHASER
ATTEST: PULTE HgME CORPQ A,�, ION, a
Michig�in/ corpora i!oh
> -- Z1
By : , �,
ill Hoffman 9teven Feldman
Authorized Signatory
(Corporate Seal)
STATE OF FLORIDA
ss
COUNTY OF BROWARD
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
Steven J. Feldman, Authorized Signatory
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 I day of August
1 1994
°yyc CHRISTWE CARPITANO
W COMIAS,SION N CC255276 EXPIRES
February 13, 1997
ADNpfp TMRU TROY FAIN INSURANCE, INC.
q M
14 -' ZG Olt- >
NOTARY PUBLIC, State of
Florida at Large
Christine Carpitano, Notary Public
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
(X ) Personally known to me, or
( ) Produced identification
Type of I. D. Produced
( ) DID take an oath, or (X ) DID NOT take an oath.
10 5
CHRISTINE CARPITANO
*� *' MY COMMISSION N CC255276 EXPIRES
February 13, 1997
rR(1i1eONOEO TNRU TROY FAIN INSURANCE, INC.
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE)
I Steven J. Feldman
do hereby affirm
that I am the Authorized Signator�bf Pult_e Home Corporationand
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 NO
This 1
aay of august , 19�14.
STATE OF FLORIDA j
) SS:
COUNTY OF BROWARD )
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
Steven J. Feldman, Authorized Signatory
to me known to be the person(s) described in and who executed
the foregoing instrument and acknowledged before me that
executed the same.
WITNESS my hand and official seal this 1
August , 1994.
NOTARY PUBLIC,fSt#te of
Florida at Large
Christine Caroitano
day of
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( X) Personally known to me, or
( ) Produced Identification
Type of I. D. Produced
( ) DID take an oath, or ( X) DID NOT take an oath.
0 6
'e, w-)� �
S-Meyer Investment Company, Chicago Mill & Lumber Company,
Charles Evans Gerber as trustee of the FLP Trusts No. 10-17 and
19.21, are owners of a portion of the PROPERTY which is the
subject matter of the Water and Sewer Developer's Agreement,
the 1st Amendment to the Water and Sewer Developer's Agreement
and this 2nd Amendment to Water and Sewer Developer's Agreement
and by execution hereon join in and consent to said Agreement
and Amendments.
Meyer Investment Company (not Inc.),
an Illinois partnership
Print Name (.,-S I MON ZUNI/AMonJ, as �r(,15f2e�
Title: 0�F Oregon -T-rusr- No. I)aGenera.(
Address: 200 W. Madison, Suite 3800 Parfre,
Chicago, IL 60606
19
day of 1
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
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
to me known to be the person(s), described in and who executed
the foregoing instrument and & �- acknowledged before me and
under oath that ,,?It executed the same.
WITNESS my hand and
S , ��r�,� �. , 19A
„O�cYu. ssArr�
DONNA J. RILEY
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8-1246
official seal this /S day of
7, ti
NOTARY PUBLIC,'tat- o
Illinois at Lage
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
ZJ Personally known to me, or
) Produced identification
Type of I. D. Produced
DID take an oath, or ( ) DID NOT take an oath.
7
Z, 54- /? �
Chicago Mill & Lumber Company_,
an Illinois general partnership
By: CML Investors, L.P.,
a Delaware limited partnership
By: CML Corporation,
a Delaware corporation
�*�Gle Miller
Vice President
Address: 200 W. Madison, Suite 3800
STATE OF ILLINOIS Chicago, IL 60606
SS. ���" day of S-15nTF.mot,8ER, 1p—/
COUNTY OF COOK }
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 ap eared
C-,L.F-N MJLL&2 Vj(-L 7)12LS14-)6-tJ7— ot�-- CML T02PQ/Z,+7701'J
to me known tote the person(s), described in and who executed
the foregoing ins rument and k__ acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this Ik-M day of
S F
i "OFFICIAL SEAL" i
JULIE KAY FLORES •
Notary Public, State of Illinois +
My Commission Expires 8/25/97 i
( J-A-44e-, �,A
NOTAP PUBLIC, Slfate of
Illinois at Large
J'u- �-1 E- . FL- OizaS
(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.
0 8
2 /7(tv
0
Charles Evans Gerber as trustee of the
FLP Trusts No. 10-17 and 19-21
j_
By y L
Print Name:
Title:
Address: 200 W. Madison, Suite 3800
Chicago, IL 60606
IA-M day of S&Pi 6A1Qf_=R , 19?j/.
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
r
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowled ments, ersonally appeared
CNAR1.8S EVNJl - GFer34s—71?USi EF OV- TWf- ALP T;Q(JsTS
to me known to be the person (s), described in and who executed �d5_
the foregoing instrument and k-�E acknowledged before me and/u-/7 4
under oath that /4 E executed the same. /9-a/
WITNESS my hand and official seal this � day of
-SEPT" 1P7
Z "OFFICIAL SEAL"
* JULIE KAY FLORES
• Notary Public, State of Illinois
My Commission Expires 8/25/97
NOT PUBLIC, ttate of
Ill nois at Large
j—uL-/E- i-�. f-LO/-�F-S
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( V) Personally known to me, or
( ) Produced identification
Type of I. D. Produced
) DID NOT take an oath.
( ) DID take an oath,or (
r.ac\contract\captiva.ame
0 9
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EXHIBIT
LEGAL DESCRIPTION:
PARCEL A, B-AND C, LAND SECTION 6 NORTH, ACCORDING TO THE FLAT
THEREOF AS RECORDED IN PLAT BOOK 153 PAGE 20, PUBLIC RECORDS,
BROWARD COUN9,'Y, FLORIDA.
TOGETHER WITH =
PARCEL A, B AND C, LAND SECTION-6 SOUTH, ACCORDING TO TSE PLAT
TUgOF AS RECORDED IN PLAT BOOK 153 PAGE 21 OF SAID PUBLIC
RECORDS.
TOGETHER WITH:
A PORTION OF .SECTOR 6,. TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD
COUNTY, FLORTDA, DESCRIBED AS FOLLOWS:
BEGIN AT THE -NORTHEAST CORNER OF PARCEL A OF SAID SSE TION 6
B
NORTH, THENCE SODTii Q0.58.20" EAST FOR 53.00 FEET:
89.01'40"-FAST FOR 553.30 FEET; THENCE NORTH 00•58•20T WEOR FORTH
95:46..FEET TO. THE NORTHWEST CORNER OF SAID PARCEL ";83•39.50" EAST ALONG THE NORTH BOUNDARY OF SAID PARCEL A FOR
454-20 FEET: -SCE NORTH 89.01'40" EAST ALONG SAID NORTH
BOUNDARY FOR 101.09 FEET TO THE. POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, RIGHTS--OF-WAY, RESERVATIONS AND
RESTRICTIONS, IF ANY.
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Page 1 of 3
�J
1.1
EXHIBIT D
PHASING SCHEDULE
PHASE
BUILDING
OF UNITS
I OF ERC'S
OF METERS
SIZE OF METER
PHASE 1A
CAPTIVA
1-6
30
30
30
5/8"
SANIBEL
*1-6
36
36
36
5/8"
PHASE 1B
CAPTIVA
7-15
41
41
41
5/8"
SANIBEL
7-11
30
30
30
5/8"
PHASE 1C
SANIBEL
12-14
26
26
26
5/8"
PHASE 1D
SANIBEL
19--17
30
30
30
5/8"
PHASE 1E
SANIBEL
18-20
26
26
26
5/8"
PHASE 1F
SANIBEL
21-23
28
28
28
5/8"
PHASE 1G
SANIBEL
24-27
40
40
40
5/8"
PHASE IIA
CAPTIVA
16-21
29
29
29
5/8"
SANIBEL
28--31
34
34
34
5/8"
PHASE IIB
CAPTIVA
22-32
43
43
43
5/8"
SANIBEL
32-34
26
26
26
5/8"
PHASE IIC
SANIBEL
35-37
26
26
26
5/8"
PHASE IID
SANIBEL
38-41
30
30
30
`
5/8"
PHASE IIE
SANIBEL
42--44
28
28
28
5/8„
503
503
503
*ERC FOR SANIBEL BUILDING 2, LOT 11 HAS BEEN PRE -PAID AS THE SALE TRAILER UNDER NON-
RESIDENTIAL USE ON EXHIBIT D, PAGE 7.
9
U
Pagwe 2 of 3
EXHIBIT 0
TAMARAC WATER AND SEWER AGREEMENT
DEVELOPMENT Pi,A1 re Homes Corporation Land Secc ion 6
SIZE
BUILDING # OF UNITS lop ERC'S :$OF METERS OF METER
SEE ATTACHED TABLE
FOR PHASING SCHEDULE OF BUILDING NUMBERS, ERC`S
AND METER SIZES
TOTAL 503 503 503 ALL-_5/8"
METER SCHEDULE FOR NON-RESIDENTIAL USE
SIZE ERC' S SERVICE USE
* let 2.5 Recreation Center (Phase 1A)
Sales Trailer)
*NOTE: A temporary water meter for a sales trailer shall be the permanent
meter for Sanibel Building 2, Lot 11 (See Attached Table)
TOTAL ERC' S 505.5
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
T AT
4" DIAMETER
AT
69 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.
0 END.W/S/D/AGR
v.1/13/88
REV.7/27/90
SCAL
��JOSEFH F.:; LB JR. r.E
FLORIDA REGISTRATION NO
-7 -
1-7 c:I� x Ur C
FROM: PULTE HOME CORP CIAO FEES
^�"i'N: GORDON SPARKS
N SPAR
FOR SANIBEL
EXHI13i f D, PHASING SCHEDULE 170� SANIBEL ONLY
FOR IST. AMENDMENT TO WATER AND SEWER DEVELOPMENT
AGREEMENT
PULTE HOME CORPORATION
CIAC FEES PAID
FOR SANIBEL:
BLDG 1: PHASE I -A
BLDG 10: PHASE I-B
LOTS 1, 2, 3, 4, 5, 6,
LOTS 55, 56, 57, 58, 59, 60,
BLDG 2: PHASE 1-A
BLDG II: PHASE I-B
LOTS 7, 8, 9, 10, 12,
LOTS 61, 62, 63, 64, 65, 66,
BLDG 3: PHASE I -A
BLDG 12: PHASE 1-C
LOTS 13, 14, 15, 16, 17, 18,
LOTS 67, 68, 69, 70, 71, 72,
BLDG 4: PHASE 1-A
BLDG 13: PHASE 1-C
LOTS 19, 20, 21, 22, 23, 24,
LOTS 73, 74, 75, 76, 77, 78, 79, 80, 81, 82,
BLDG 5: PHASE 1-A
BLDG 14: PHASE I-C
LOTS 25, 26, 27, 28, 29, 30,
LOTS 83, 84, 85, 86, 87, 88, 89. 90, 91, . 92,
BLDG 6: PHASE I -A
A TOTAL OF 90 LOTS AT 2755.00 = $ 247,.950.00
LOTS 31, 32, 33, 34, 35, 36,
BLDG 7: PHASE I-B
E
LOTS : 37, 38, 39, 40, 41, 4.
BLDG 8: PHASE 1-B
LOTS 43, 44, 45, 46, 47, 48,
BLDG 9: PHASE I-B
LOTS 50, 51, 52. 53, 541p
0
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11
0
EXHIBIT "A"
LEGAL DESCRIPTION:
PARCEL A,
B-AND C, LAND SECTION 6 NORTH, ACCORDING TO THE'FLAT
- jUERFaOF AS RECORDED IN PLAT BOOK 153 PAGE ZO, PUBLIC REOORD •
BROWARD COUNTY, FLORIDA.
PARCEL A,
B AND C, LAND .SECTION•6.SOUTH, ACCORDING TO TEE PLAT
T g, AS RE
CORDED IN PLAT BOOK 153 PAGE 21 OF SAID PUS
LIC
ggCORDS.
qrpGget WI'TFi:
A PORTION OF ,SECTOR 6,. TOWNSHIP L9 SOUTH, RANGE 41 EAST, BROWARD
DOUNTY, FLORTDA, DESCRIBED AS FOYaAWS :
BEGIN
AT THE . NORTSF.AST CORNER OF PARCEL A OF SAIDS 006
NORTH. THENCESORT» 00.58�20" EAST FOR 53.00 FESi'iFOR
. 89•01r40"�'EA'ST FOR -553.30 F=rj THENCE NORTH 00.58r20 NORTH
95:46.FSE'r TO THE 11ORS11WEST CPS OF SAID PARCEL A;
THENCE
63"39,50" EAST ALONG THE NORTH BOUNDARY OF SAID PARCEL A FOR
454-20 FEETi-SCE NORTH 89.01.40" EAST ALONG SAID NORTH
BOUNDARY FOR 101.09 FEET TO THE.POINT OF BEGINNING.,
SUBJECT TO EXISTING EASEMENTS, RIGHTS —OF —FLAY, RESERVATIONS AND Y
RESTRICTIONS, IF ANY.
W,
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