HomeMy WebLinkAboutCity of Tamarac Resolution R-94-197CITY OF TAMARAC, FLORIDA Temp. Reso. #6834
RESOLUTION NO. R-94-_ 127
A RESOLUTION OF THE CITY COUNCIL 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 LENNAR HOMES, INC.
FOR THE LOMBARDY SECTION OF KINGS POINT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; 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 First Amendment to
the Water and Sewer Developer's Agreement to install a 5/8" meter
for a water fountain.
WHEREAS, it is the recommendation of the Director of Public
Services that this First Amendment to the Water and Sewer
Developer's Agreement for Lennar Homes, Inc. for the Lombardy
Section of Kings Point to install a 5/8" meter for installation of
a water fountain be approved.
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 true and correct and are hereby
made a specific part of this resolution.
SECTION : That the appropriate City Officials are hereby
authorized to execute the First Amendment to the Water and Sewer
Developer's Agreement with Lennar Homes, Inc. for the Lombardy
1
1
Temp. Reso. #6834
section of Kings Point, a copy of said agreement being attached
hereto as "Exhibit "1".
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conflict herewith are hereby repealed to the extent of such
conf 1 ict .
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 eAg day of ,
1994.
ATTEST:
—CIAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY th I have
aowed this Res ution as
ifo born.
MITCHELL S. URAFT
CITY ATTORNEY
9/94
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNOILVOTE
MAYOR
ABRAMOWITZ -
DIST.1:
V / M KATZ Adz
DIST. 2:
C / M MISHKIN
DIST. 3:
C / M SCHREIBER
DIST. 4:
C / W MACHEK
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• I AMENDMENT TO WATER & SEWER ORIGINAL
DEVELOPER'S AGREEMENT
For 1XMARDY
(Name of Development)
THIS AMENDMENT TO AGREEMENT, mode 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
LEEM HOMES INC.
having an address at he= inaft rRcalleadz Tamarac,
"DEVELOPER"
�1ITNES S E T H
y Ewater and
,U, CITY and DEVELOPER entered into described in
Sever Developer's Agreement for the property dhereof on
Exhibit A attached hereto and made a p
art Marcb. 24 1993
said Agreement recorded i�a O.R. Book 0981 Page _577 of
the Public Records Of Brovard County, and
WHEREAS, the parties desire to modify certain terms
contained in that agreement.
WW, SORE, in consideration of the mutual covenant
ood and
and undertakings of the parties hethe�tother
covenant and
valuable considerations, the Parties
agree as follows:
. paragraph II (H) of the Developer's Agreement is amends
to read as -follows:
II. H. CONTRIBUTION FROM DEVELOPER
CONTRIBUTION WATER
1.00 ERc s Per• Unit @$1 5 Per ERC g1,940.00
Residential # 68 Units ]C 4,217.50
Non -Residential # ERC• s @ $1,205 Per ERC 862157.59
Total ERC' s r 71.5 (WATER)
CONTRIBUTION SEWER
Residential ... #
68 Units.. X 1.00
ERC's Per Unit @$1.550 Per ERC
103,875.00
3 875.00
Non --Residential ...
2 5 'ERC' s @
# •
$ 1.55OPer ERC
109 275.00
Total ERC'
8 • 70l�(SEWER)
Sub -total
Marmon Agreement
195 432.50
'
Less Marmon Credit of
70.5 units @ $542/un1t in accordance with
38211.00
$1 7,221.50
40
Net Contribution
5.=
Total amount of contribution charges
original agreement and this amendment
Contribution charges previously paid
Contribution charges added by this amendment
that are due at the.time this Amendment
is approved by City Council
.
$ 157,221.50
$_ 156,016.50
$ 1,205.00
2. Paragraph III(A) of the Developer's Agreement is amended
to read as follows:
III. 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 in-
stalled, inspected, tested and approved and certified in writing
by the DBVELOPER'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 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 paractraph. The CITY shall reserve 71.5 ERC's of water
service and -7_ 0.5 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.
-2 -
0
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4 77-
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year indicated below:
ATTEST:
By: `\ 7& �,
1
�2�*'
'
City Manager
ATTEST:
By:
Carol A. Evans,
City Clerk
STATE OF FLORIDA
COUNTY OF bXV41,4RD : SS
Y OF TAMA C
By: �
o�cman ramo z
Mayor
Date: C q4,
Ra�E� s, n�o�, 3"/�• .
City Manager
Date:
App d as to orms
�.r
By.
Mitchell S. Kraf
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
kbAA4fV A,`KM&Wt rz t(AYok -,- RodcRr .s, Noe .-TR• (!.t 7-Y MINA-[c/C
to me known to be the person(s) described in and who executed
the foregoing instrument and acknowledged before me that
executed the same.
NoTTNESS my hand and official seal this day of
,, , 19 94
6 4'e _' kA,1t,C-LLh �
NOTARY PUBLIC, State of
Florida at Large NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. NOV. 6i1994
P/Q-TRIC! e_L a BONDED THRU GENERAL INS. UNDr•
(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 (A DID NOT take an oath.
062392 -3 - AWSDA
AT� � /
Martin L. Riefs
'sistant Corporate Secre ry
(Corporate Seal)
STATE OF FLORIDA ,
SS
COUNTY OFriG�.��i]
Lennar Homes, Inc.
DEVELOPER/OWNE1
By: / '
Michael J.
Vice President
S ,
k
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
Michael J. Smolak
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 official seal this � day of
�qe
AtO�T�ARQYL21UBLIC, State of
Flo
SUE FEDONE
M!44' �Vi I YU �M�NI't
(Nan
=" �,14
Pri
Commissioned)
(X) Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
Type of I.D. Produced
) DID NOT taken an oath.
062392 -4 - AWSDA
t
0
ATTES
Corporate Seb,�etary
(Corporate Seal)
STATE OF FLORIDA .
SS
COUNTY OF
MORTGAGEE (If Applicable)
By: N A
Fgesic��.:zt
I HEREBY CERTIFY that on this ay, before me, an officer
duly authorized in the State afore id and in the County
aforesaid to take acknowledgments, p rsonally appeared
to me known to be the person(s) describhkd
the foregoing instrument and acknow e
under oath that executed the same.
WITNESS my hand and official seal this
, 19
in and who executed
dced before me and
day of
NOTARY PUBLIC, State\f
Florida at Large
�(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.
062392 -5 - AWSDA
j� 1w w -P
17/J
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE)
Michael J. Smolak do hereby affirm
that I am the Vice President of Lennar Homes, Inc. and 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.
( F IGNATUR'
This�L day of 19 �L
STATE OF FLORIDA )
) SS:
COUNTY OF�4A*yz4 )
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
Michael J. Smolak
to me known to be the person(s) described in and who executed
the foregoing instrument and he acknowledged before me
that he executed the same.
ITNESS my hand and official seal this day of
19 9�
OTARY PUBLIC, State of
lorida at Large
SUE FEOONE
My COMMON r CC 3 %ff
^y
` Pr i y, t Namry n oe im
Commissioned)
Personally known to me, or
Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
•1
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062392 -6 -- AWSDA
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EXHIBIT D
TAMARAC WATER AND SEWER AGREEMENT
SIZE
BUILDING #
# OF UNITS
# OF ERCS
# OF METERS
OF METERS
A
7
7.00
7
5/8"
B
7
7.00
7
50
C
6
6.00
6
518,
D
8
8.00
8
50
E
8
8.00
8
50
F
8
8.00
8
51F
G
7
7.00
7
5Ar
H
9
9.00
9
5/80
1
8
8.00
8
519
TOTAL 68 68.00 68
METER SCHEDULE FOR NON-RESIDENTIAL USE
SIZE ERCS SERVICE USE
1-12 2.50 POCUCABANA
1-518" 1.00 WATER ONLY WATER FOUNTAIN
TOTAL ERCS 71.5 WATER ERC'S 70.5 SEWER ERC'S
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
I_1t1911F-181g14N
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.
SEAL
Adam T. Philips, P.E.
f! . ,✓., Y7ny
1: IWORD6WASTERITAMARACITAMEXH_0
•I
n
LJ
CITY OF TAMARAC RECEIVED
CITY HALL 1994 JUN 27 AM 9- 21
k * PAYMn4 -Tl -*
-MR/L0MBARDY/CIAC/C:0iTY 4F TAMARAC
,205.00
------------
AMOUNT
PAID
1,2Ort.O~
AMOUNT
2',41-1 RE11
222470
CHANGc
== ^'CC'
a.,C8
n-
9*1*3672'K1*30
062+R l *8968O
r�854
r E RATOR .
TAH
* * THANK YOU .K
11
LENNAR HONL j INC.—SROWARD
CO— 85 BANK-50127 VENDOR—CITYTAHA
- C'IAC Ff&(whnok)
.0
discount net amount
1,Z05.00
ES, INC.—BROWARO 222470
07TH AVENUE MIAMI, FL 33172 B2-23
311
The Fitar National Bank of Chicago-0710
Chicago, Illinois
Payable Through FCC National Bank
wilmingron• Delaware
$19205 DOLLARS AND 00 CENTS $1,205.00
Authorized Representative
1000
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