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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-243Temp. Reso. #6881 Revision 11- 11/14/94 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94- dy3... 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 PULTE HOMES FOR PLUM BAY/PLUM HARBOR MULTI -FAMILY UNITS (LAND SECTION 8); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. _... 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; and WHEREAS, it is the recommendation of the Public Works Operations Manager that this Second Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Pulte Homes be approved and executed. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION ---I: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this resolution. Temp. Reso. # 6881 Revision # 1 - 1/14/94 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 Plum Bay/Plum Harbor multi -family units (Land Section 8), 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 SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. F 1 1 1 Temp. Reso. #6881 Revision 11 - 11/14/94 SECTION 6: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of /V QVeh'�„. , 1994. ATTEST: CAROL A. EVANS, CMC CITY CLERK J•�r. TRVTN6 KAT VTCE .MAYOR RECORD OF COMA I R BY CERTIFY that I have MAYOR ABRAMOWITZ Vopr v t s es tion as DIST. 1: V / M KATZ f r DIST. 2: COMM. MISHKIN DIST. 3: COMM. SCHREIBER DIST. 4: COMM. MACHEK S. CITY 11/94 -3- VOTE EXHIBIT 1 2nd AMENDMENT TO WATER & SEWER • DEVELOPER'S AGREEMENT For MULTI -FAMILY UNITS PLUM BAY -PLUM HARBOR_SLand _Section 8 _ (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 Home 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 September 22, 1993 City Council Meeting said Agreement recorded in O.R. Book 21746 Page 824 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 28, 1994 _ said 1st Amendment recorded in O. R. Book 22604 Page 391 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 �z - q l/ _,/ /s3 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 four separate PHASES 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: PHASE 1 - Consisting of SUB -PHASE lA PHASE 2 -- Consisting of SUB -PHASES 2A and 2B PHASE 3 - Consisting of SUB -PHASE 3A PHASE 4 - Consisting of SUB -PHASE 4A 2. The first sentence in the third paragraph of Paragraph II (H) of the Developer's Agreement is amended to read as follows: M 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. 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: 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 2 • �j 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. 0 11 • 3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By:� S .� Ty MR�vAGek ATTEST: By: CAkoG �}, �✓f+'NS CMG. City Clerk STATE OF FLORIDA COUNTY OF BROWARD CITY OF TAMARACr IR NG TZ VICE MAYOR D to : V. CITY MANAGE Ij % Date: /"� . „ - /' y/ i SS Br_ Approved as to orm: Mi tchell S. KrkLft., City Attorney I HEREBY CERTIFY that on this day, before me, an duly authorized in the State aforesaid and in the aforesaid to take acknowledgements, personally to me" known to ne Lne persvn k b ) -o-L ,,G.. �•. ... the foregoing instrument and ' acknowledged executed the same . officer County >,oeared before me that WITNESS my hand and official seal this day 0f 19� L FF161AL NOTARV DEAL NOTARY P IC, State of NANcr wlLsON Florida at Large N NUMBERMY COMMISSION exo• g0 ( Name of tary Pubic. Print, Stamp, or Type as Commissioned) ( personally known to me, or ( ) Produced identification Type of I. D. Produced ( ) DID take an oath, or (,%S DID NOT take an oath. 4 0 9 E • Cl DEVELOPER/OWNER/CONTRACT PURCHASER ATTEST: PULTE HOME CORPORATION_, a Michiga 1' ` / �-4�"-i?..�vw � ` .1�.. ^�`•n--. u._...--._.B XV& (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 , 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. f�WII ESS my hand and,4official seal this day of 19 CHMMWE CdI WAW .r My r'0"kVSsi0N # cc2MM ORRES ,�; 30N(�� THF1U THp11 FA N 1 99Ip1A►ICE, NOTARY PUBLIC, State of 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. AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE . I STEVEN J. FELDMAN do hereby affirm that I am the Authorized Si nator of Pulte Home Corporation _ and that I have executed a second 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. (SI AT R This 24 day of October , 19-94. 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 to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me that Ile executed the same. WITNESS my hand and official seal this 24 day of October 1994. NOTARY PUBLIC, S to of „.F a i a at Large( ? t CHFUSTiNE CARMANO C «; :r MY COMNMSSION N CC255M MREs Name of Notary Public: :�- Fenm y 13, 1997 aorlr�au,rF��N� ��c. Print, Stamp, or Type as Commissioned) (XX) Personally known to me, or ( ) Produced Identification Type of I. D. Produced ( ) DID take an oath, or (XX) DID NOT take an oath. 6 9 !I JOINDER LEADERSHIP HOUSING, TNC., is the owner 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. LeadershiR Housing, Inc_., a Delaware corporatBy /1 6 i n t Ni me: T' t 1 e : ��� u r�r� �� `��oA- Address: 200 W. Madison, Suite 3800 Chicago, IL 60606 Z ($T_ day of 0CAW be e , 19 9q . STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I HEREBY CERTIFY that on this day, before me, an officer . duly authorized in the State aforesaid and in the County afesaid to tak acknowl dgement personally appeared �0' a!8W the �� of Leadership Housing, Inc., a Delaware corporation, to me known to be the person(s), des ribed in and who executed the foregoing i strument and acknowledged before me and under oath that JLL executed the same. WITNE!j$ my hand nd "OFFICIAL SEAL" + JULIE KAY FLORES + Notary Public, State of Illinois • i My commission Expires 8/25/97 official seal this n Wly of N40T4AY PUBLIC, State of I1lAnois at Large J-v4-IF, k. FZ-o/eFs (Name of Notary Public: Print, Stamp, or Type as Commissioned) p- ) Personally known to me, or ( ) Produced identification _ Type of I. D. Produced ) DID NOT take an oath. ) DID take an oath, or ( Jam\contract\p1Umhar.1 sfm101194.4 7 EXHIBIT "A" LAND DESCRIPTION LAND SECTION 8 MULTI FAMILY - PHASE I A portion of Tracts 11, 12 and 13, FORT LAUDERDALE TRUCK FARMS, according to the plat thereof, 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 Northwest corner of said Tract 12; THENCE North 89' 36' 02" East, along the North line of said Tract 12, a distance of 1362.38 feet; THENCE South 01' 26' 21" East, 380.06 feet to the POINT OF BEGINNING; THENCE North 89. 36' 02" East, 79.56 feet to a Point of Curvature of a curve concave to the Northwest; THENCE Northeasterly along the arc of said curve, having a radius of 25.00 feet, a delta of 91. 02' 2311, an arc distance of 39.72 feet; THENCE South 89. 21' 38" East, 50.03 feet to a point on the arc of a non -tangent curve concave to the Northeast (radial line through said point bears South 88' 33' 39" West; THENCE Southeasterly along the arc of saidcurve, having are distance a radius of 25.00 feet, a delta of 88' 57' 37", an 82 feet, THENCE North 89' 36' 02" East, 235.89 feet; isTHENCE South 01' 26' 21" East, 175.50 feet to a point on the arc of a curve concave to the Northeast; THENCE Southeasterly along the arc of said re curve, distance a radius us of 15.00 feet, a delta of 88' 57' 37", feet; THENCE South 02' 13' 07" East, 40.02 feet to a point on the arc of (radial line through a non -tangent curve concave to the Southeast ra said point bears North 00. 23' 58" West); n N THENCE Southwesterly along the arc of said curve, having a radius distance of 23.83 of 15.00 feet, a delta of 91' 02' 2311, an arc feet; THENCE North 89, 37' 12" West, 40.02 feet to a point on the arc of (radial line through a non -tangent curve concave to the Southwest CO said point bears North 88, 33' 39" West), GJ THENCE Northwesterly along the arc of said curve, having a radius 23.29 of 15.00 feet, a delta of 88' 57' 3711, an arc distance of feet to a Point of Tangency; THENCE South 89' 36' 02" West, 110.22 feet to a Point of Curvature of a curve concave to the Southeast; THENCE Southwesterly along the arc of said curve, having a radius ", distance of 23.83 of 15.00 feet, a delta of 91` 02' 2: an arc feet to a Point of Tangency; THENCE South 01. 26. 21" East, 157.70 feet; THENCE South 88. 33, 39" West, 220.20 feet; THENCE North 01. 26' 311, West, 357.20 feet; SHEET 1 OF 3 SHEETS 92-1529.1MF E THENCE South 89' 36' 02" West, 10.00 feet; THENCE North 07' 07' 05" West, 50.53 feet to the POINT OF BEGINNING; Said lands lying in the City of Tamarac, Broward County, Florida, containing 3.082 acres, more or less. m ry L-2i Land Description proparad By CRAIG A. SMITH & ASSOCIATES consulting Engineers•Planners•Surveyors 1000 West McNab Road Pompano Beach, Florida 33069 Project No: 92-1529 Prepared By: CHA Checked By: RHS May 14, 1993 SHEET 2 OF 3 SHEETS 92-1529.1MF 0 UIA 10 "LAND SECTION BIT - PHASE i MULTI -FAMILY A PORTION OF TRACTS It, 12 S 13 �DIIII EeNlrcNrlll FORT LAUOERDALE TRUCK FARMS Nr,}ItII1R. "1 Epw,u "I'llr. PEAT CO I TYOF TAMARAC. PAGE 3 BROWARDAAO COUNOUNTY TY. FLORIDA DS ruNl LAu[rouE I* "I'll rAnNs Nmm Lrr[ ( _ _ Ne9' 3602' E �,v_ .._. _-_^ I _ .�. •_ __ �__ w. — �.� � -i —�— 1 r 1362.38' • T I It / I jF6O 61 62 fi7 6/ 65 66 1 T� 78 T7181AI I AZ 03 I 84 5B 67 0 7G 2577 1 I - 6B 75 it I — .. 112 II] tit 115 I 116 262 267 261 265 266 i 268 N 7E Y- — Ile — -- -- I 691 �...T•3 271 769 I R.2S.DO- $ A*13' V _ —__. Y,M 171 I A•ot•02, 2P RADIAL 0D'S7'11. 133 132 t71 ^15 2TA 27] I12 27e 71 A)�9./2' S 9.21.30 E ?I00 A•1l.1 • — PO NI O( IGINNINO .. __.._ ____ —.... Irororos•Y Ne9 x DrE A.Or N8 •36' 2'E _ 50.53' )9• ss' 235. 89' 589• 36 TV10,00 A% TVA xa I um n gxt 221 2.^ 5 226 221 t8t1 >yr reL • nl n} rn M1900'� c w 229 teel m m nA ru ,�..„r 8.91t 63,0 .. 236 235 23E 233 232 270 I l .--�-- -- j� R A•23.1), Il , A•t] 29• IIa. 22- wr 271 ) I7$ _ Ira #t91 192 193 194 195 196 I t7�I _ M 197 l9e let 201 202 201 Pee - -- y1 lN —W��7•J7•171✓ M 1 �} --JJI %wir c x _ '� •� >» irL fA tl� sea, 3 39'w To 117 ,11 _ j1+ Al >y 162 t63 164 16S 166 167 t68 169 170 _._- ----- - -- BK21145PG0845 0 150 300 600 GRAPHIC SCALE IN FEET SUrIVEYOn• S NOTES: 1 MSI�IIJIS ALCN AnE NOT VALID UNLESS SCALED YIIN AN 1N110SSt OU[)IYIS SL 2. LANDS Sipe, 11(DroN YEnt NOT Anstaici[e r1I11 OIINIs•O/-YAv. (A1EYE1115. OYINnSIIIP, on 011IEIL ON OIIIER INSINIINENIS Ur DECOM 1 SSoRAvElIlOilNiSIIN rInSMEE Y KA100.r(l0A OAIEASIEIm Into RMIN.G IAS SIN" III( -LAI &W J. PAU 44, ELIF IKDLIS SI'UIEI. RURWEV ILDRDOS Of IN un(wSMECOM- rLUIIIPA. /. DATA SIIDYN IILer DN ws Not CONSTItutt A nuo swvfv As SUCH. CLIENT: PULTC HOME CORP. PROJECT N0. 92-1529 CRAIG A. SMITH & ASSOCIAIES CONSULTING ENGINEEnS-PLANNERS-SURVEYORS 1000 WEST MC NAB nOAO POMPANO BEACH, fLOnIDA, 33069 P—� (305)782-0222 CERT. NO, LD0003110 F94 THE FIRM AY ......AtrOERSON CIIAALE - RLES N.. PROFESSIONAL LAND 51RVEYOR FLORIOA REGISTRATION NO, 4392 SHEET 5 OF 3 SHEETS 14EVIS10N I VWN I UAIt I rw SKETCH OF DESCRIPTION JN 05/17/93 N/A luj w U L- C) 0 • r� �� 3M '3AV U1V6 'M 'N OVOU -1-1 1 H eON EXHIBIT "D" TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT: PLUM BAY - PLUM HARBOR - MULTI- FAMILY PHASE 1 - MULTI- FAMILY #OF #OF #OF SIZE OF BUILDING # UNITS ERCs METERS METER CIAC FEE 1 A LOT #282 - 305 24 24 24 5/8" (TYp• ) 1 A LOT #322 -329 8 8 8 SUB -TOTAL 32 32 32 32 ERC's ($2,755.00) = $88,160.00 PHASE 2 - MULTI- FAMILY 2A LOT #306 -321 16 16 16 5/8" (TYp• ) 2B LOT #330 - 353 24 24 24 SUB -TOTAL 40 40 40 40 ERC's ($2,755.00) : $110,200.00 PHASE 3 - MULTI- FAMILY 3A LOT #354 -381 28 28 28 5/81, (TYp• ) 3A LOT #422 - 425 4 4 4 SUB -TOTAL 32 32 32 32 ERC's ($2,755.00) = $88,160.00 4' 6 91 9 I* EXHIBIT "D" TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT: PLUM BAY - PLUM HARBOR - MULTI- FAMILY cont'd 9 PHASE 4 - MULTI- FAMILY 4A LOT #382 - 421 40 40 40 518" (TYP• ) SUB -TOTAL 40 . 40 40 40 ERC's ($2,775.00) = $110,200.00 TOTAL 144 144 144 0