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conflict herewith are hereby repealed to the extent of such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.
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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.
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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
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E
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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
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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
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"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
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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
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'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
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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