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Home My WebLink AboutCity of Tamarac Resolution R-2000-020u Temp. Reso. #8866, December 16, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- ao A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A SECOND AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH BUILT TO SUIT PARTNERS II, FOR THE WALGREENS AT WOODMONT SHOPPES PROJECT, LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND NW 82nd STREET, REVISING "EXHIBIT D" AND ESTABLISHING THAT NO ADDITIONAL CONTRIBUTION CHARGES OR ERC's ARE REQUIRED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 1 WHEREAS, Weincholz Management Corporation, developer of the Walgreens at Woodmont Shoppes Project, located on the southwest corner of University Drive and NW 82nd Street (attached hereto in map form as "Exhibit 1 "), executed a Water and Sewer Developer's Agreement on September 9, 1987; and WHEREAS, Weincholz Management Corporation, executed a First Amendment to the Water and Sewer Developer's Agreement on March 22, 1991; and WHEREAS, the change in the Contribution In Aid of Construction (CIAC) fees resulted from the First Amendment, which reduced the cost of Equivalent Residential Connections (ERC's) from $26,404.00 to $25,805.90 resulting in a reimbursement of Contribution In Aid of Construction (CIAC) charges totaling $598.10; and WHEREAS, the Second Amendment to the Water and Sewer Developer's Agreement establishes that no additional CIAC Fees are due in accordance with City Resolution No. R-98-136; and Temp. Reso. #8866, December 16, 1999 2 WHEREAS, it is the recommendation of the Director of Utilities that this Second Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Built to Suit Partners II, for the Walgreens at Woodmont Shoppes Project, be approved and executed; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to accept and execute a Second Amendment to the Water and Sewer Developer's Agreement from Built to Suit Partners II, for the Walgreens at Woodmont Shoppes Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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 2: That the appropriate City Officials are hereby authorized to accept and execute a Second Amendment to the Water and Sewer Developer's Agreement (attached hereto as "Exhibit 2") with Built to Suit Partners II, for the Walgreens at Woodmont Shoppes Project. 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. 1 1 Temp. Reso. #8866, December 16, 1999 3 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 portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 2000. ATTEST: CAROL ODLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. d n _ /. zi MW/krs/mg MITCHELL S. RfW CITY ATTORNEY i JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTN DIST 2: V/M MISHKIN DIST 3: _ COMM. SULTANaF DIST 4 CoMM• RDA. EXHIBIT 1 (9 • 0 TEMP. RESO. # 8866 C14/CYPRESS CREEK CANAL P.S. S Q U T H G A T E T B L V pp U MISSION LAKES CORAL CREEK CEIMMUNITY ' SQUTHGATE`B.` ` r 85 CT SOUTHGATE GARDENS 8'3 STfS'fTfgLXr ` " a a a CCARTER�S CHEVRON HGATE APTS - r " T O 84 ST 4 TRA Vr c 84 ST 84 T 84 S7 ` . ' • ' • ` . • • . • ` • TARGETN a83 ST 83 ST a • • • . • . AMOCO a ¢ Y a n 82 CT r0 0 TR51 • BANK N.AMER. r n ^ T g2 S ^ SUNFLOWER 82 ST CASSIA 82 ST CT " NAIrGREQII3 81 PL 7 w ' TR53 AT • � pl s j%/ f. �`'r u • WOODMONT ° ` m n 7 el PL c 81 CT co r soopPISS _ ^ 7 81 CT S� a �^ o LOC TI N n a B1 T %/j 'u°rd g 81 ST 81 ST n Y 81 ST D 80 CT 80 PL 1 %/ ! CT B0 CT a 80 CT Y 80 ST ST 7 • • • _ W a 6 W 7 Q r ` • `BERM 1R55 ] r79 T T uy 95 a n E ^ 79 • a % TR56 7 ` gh' T 7 i K % 78 CT ^ W 7g AVALI3N s7 • ti; 79 ST %! 7HE P7 ESTATES SW IR 813 X'7d 78 CT LAIV S C. 7 a W 8 PL 4 7 78 ST oc r 7 J % a TR74 $� ,� mTHE CENTRE VOODMONT a! W = 7 w a n ^ a N o n y74.�, 78 ST 78 ST 78 ST 78 ST 78 S7 / TAMARAC P R c A / 76 WEST 00 17 8 m c %/ CELEN R2 n r 7 W 7 > W W r a ^ % z 7676 I n n m CT 76 7 T / r'! i A A AC//� j! Q S.BELL oc F & D W CT 09 TR75 i 1PaRK 76 ST r r / 76 ST 76 ST 75 R 7 C TOWN 73 ST !i�%i�i/ PLAZA } v 7 ^ + 7 ^ a m n y a MAIN AN 75 16 7 c 7 T 7 n 75 ST CT OR / TH 6 NVIRdwq[vTAl.oc Ly GREENBRIAR / a F 7g T a H / LJ 9 10 h ^ n 74 PL c ^ 74 P • TAMARAC MED. Z 8 ~ UNIV. UN1V. C7R PICCADILLY i/ 7 5T 73 T i MED CTR w/ HOSP, 72 ST 72 ST / 72 ST P 72 ST 7 6 5 7 7 , ¢ Q Q 7 T / co p�pC THERAPEUTIC VDMONT EIOSQUARE J n ru i % n ^ 70 CT 71 ST CT m s r W 71 ST 7 r 7 a /%// /4/// % 70 ST I BR a MA 7 a LANDS 14 a w CREST 14 70 CT r TR72C a ACAD MY' m n DENS/ 3/ n n 1NE PLE PK$ HIL n >A N. R. // / / % / .. p 70 ST YO LT ALBERTSON 1 UNITED METHODIST ¢ WtltlDMONT WOODMONT ALL SAINTS COMMONS PLAZA LUTHERAN NATIONS BANK SHELL r 2 LAKE O Or 1� R �� n 7$ BRQOKSIDE COVE COLONY ,� M C N A B ROAD CONCO D VILLAGE BANK TEIIAC13 TPL ZA BRQQKWOOD q CASABLANCA PLAZA c CENTER 1 NANDINA LN WALGRE@WOODMONT.DWG WALGREENS AT WOODMONT SHOPPES SECOND AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT "Exhibit 2" • SECOND AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: _ Walgreens at Woodmont Shoppes _ (Name of Development) This AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 881h Avenue, Tamarac, Florida 33321, hereafter call "CITY" and Built to Suit Partners II having an address at 10021 Pines Boulevard Suite 101 Pembroke Pines FL 33024 , hereinafter called "DEVELOPER" WITNESSETH : WHEREAS, CITY and DEVELOPER entered into a First Amendment to the Water and Sewer Developer's Agreement for the property described in Exhibit "A" attached hereto and made a part of on March 22, 1991, said agreement recorded on O.R. Book 18348 Page 153 of 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 considerations, the parties hereto covenant and agree as follows: 1. Part II (H) of the Developer's Agreement is amended to read as follows: CONTRIBUTION (WATER) ORIGINAL CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = @ $_ - per ERC = FIRST AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 15.1 @ $620.00 per ERC = $9,362.00 SECOND AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 13.5 @ $1,400.00 per ERC = $18,900.00 SUBTOTALS: ERC'S = 15.1 WATER CIAC FEE = 0.00 981208 1 Amendment to Water and Sewer Developer's Agreement 0 CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = @ $ per ERC = FIRST AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 15.1 @ $1,089.00 per ERC = $16,443.90 SECOND AMENDMENT CONTRIBUTION: Residential # Units X ERC's Per Unit @ $ Per ERC Non -Residential ERC's = 12 @ $1,800.00 per ERC = $21,600.00 SUBTOTALS: ERC'S = 15.1 SEWER CIAC FEE = 0.00 TOTAL CIAC FEE = $ 0.00 2. Part III (A) of the Developer's Agreement is amended to read as follows: PART III. CITY'S OBLIGATION . 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 installed, inspected, tested and approved and certified in writing by the DEVELOPER's engineer, together with the Director of Utilities, 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. However, the CITY will only be responsible for the maintenance of the sewer collection system from manhole to manhole and up to the first cleanout of the service lateral within the granted easements and the CITY will only be responsible for the maintenance of the water distribution up to the meter, fire hydrant, or fireline service within the granted easements. 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 paragraph. The CITY shall reserve 15.1 ERC's of water service and 15.1 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. 981208 2 Amendment to Water and Sewer Developer's Agreement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Carol Gold, CMC/ E City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE B�%^ Joe Schreiber Mayor Date: Jeffr y L. M' r City Manager Date: _ ef- / -&-o .. AppfovOd101s to fo STATE OF FLORIDA ItcheYS. Kraft, . : COUNTY OF City Attorney �ac.��-- SS i 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 cr + /-. R,,ll6.rle known to be the person(s) described in and who executed the fo egoin instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this L day of v , ( L4ersonally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Lar e UC FICIAL NC YT SEAL v1AR1UN SWENSON NOTARY PUBLIC STATE OF FLORIDA 15 COMM1551UN NO CC16C.kEC 2000 (Na ary ublic: Print, Stamp, or Type as Commissioned) Type of I.D. Produced 0 ( ) DID take and oath, or ( Oti-ID NOT take and oath. 981208 3 Amendment to Water and Sewer Developer's Agreement UC'I'-U8-99 FRI 04:49 PM ,Johnson Anselmo FAX N0, 9544632444 P. 05 50-00-199S 04:02PM FROM 7O 4632444 P.06 IN WITKESS'WHEREOF, Owner has hereunto W his hand arvd saal on the day emd year find abo0e written. Wdnesz; Type Neu (OWNER) Type Nonftmft Witemi Type Narl! i'yve Nama/Tcft �: r STATE OF FLORIDA COUWY OF ss HERESY GERTIFY that on this clay, before me; an Ofrk er d* : authorized In to Simle atosaid, am In ft Courtly aforesaid too tetra, aduw*dgmet, pamonagy appetorred to we known b be! the pemmn(a) • described in and who executed the forgoing inatrumont and LL,_jjckn0WMdg0o beftm me and under oath that JaLl wocuW Ahe same. WITNESS my hwW and *WxAai seal this day of NOTARY F 6�OL Stets rich at Large DOROTW A BWjM a kin (Name ,of Notmy� Pu kit � t or'" as � ' CoinmLvJcn r CC783M Plxwnapy known to me, or ( e'Produced ldentfficatbn Type of I.D. Pmluced ( ) DlD takO an oath, or( ) ]ID NOT lake en girth. ISO-Ud-yy hNl U4:5U PM johnson Anselmn 10-0 3 -1999 04. 03P M F►?OM FAX NO, 9544632444 P.06 TO 4632444 P.07 • • Is IN WITNESS; WHEREOF, Mortgagee has hereunto set his hen artd >i on the day and yelir first Above wrlltn. qTT S T: � , MID E (1f T / BY. .j �� By. C 6 Type Nerr*a ype t4wft1r CoWrata Sed 'M 1 S ent j +;cDmOlclt9 sqw1 k ' s STATE OF FLORIDA SS Counr'ry of 't r 1 HEREBY CERTIFY that on thit day, before me, an 4fgCeI` duly authorized in the State afores0d and In the County aforesaid to take a ed appeared � ti to rrte Sets• personeiiy ' to be t edged deouted in and who examdod the for WOV instrurr nt and before► me and under oath that ex+Bd the ,same f 99,.,.. � c-'iz 'NITNESS my hand and of as * this 1I � dgy of .... .r...... s� C C J, 44% ALIDA SIM5 NOTARY PUBLIC, SUW of Fiona y My Commiaaion CC567821 Large 1� 7f ExPirti ,dun. 26. 2000 Or # Nf PtifvnWly known to me, or ( ) Maduced identffix Lion (Name of Notary Publva ! print. Stamp, or type as Coma sokmwj y Type of I.D. P"ced ( ) 01 D take` and oath, or (x) DID NOT take an oadti. saTaoa 5 Amenrb++ent m wrier a.+d Sewer oave+oporc Apreamcult EXHIBIT D TAMARAC WATER AND SEWER DEVELOPER'S AGREEMENT Development LOT # Walgreens Daycare Medical Retail Irrigation Dumpster C: METER SCHEDULE FOR NON-RESIDENTIAL USE # OF ERC'S WATER SEWER TOTAL # OF CIAC FEES CIAC FEES CIAC FEES # OF METER UNITS WATER SEWER METERS SIZE 1 5 5 1 1-1/2" 1 1 1 1 5/8" 1 1 1 1 5/8„ 4 4 4 4 5/8" 1 2.5 - 1 1" 0 TOTAL 13.5 12 981208 rL Amendment to Water and Sewer Developer's Agreement LJCU UO 5.7 WL:U 11 1C f111 I . uu 1 DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH= 1 ERC'S (SEWER) TOTAL ERC'S 15.1 (WATER) 15.1 (SEWER) THIS PROJECT REQUIRES THE FOLLOWINGSIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 6" DIAMETER 1 AT 8" DIAMETER AT DIAMETER SERVED BY WASTERWATER PUMP STATION NO. 32 0 15.1 ERC'S -- 4.18 SITE ACRES= 3.61 ERC'S/SITE ACRE 10 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, 981208 SEAL iYPE NAMES 47066 P.E.# 7 amendment to Water and Sewer Developer's Agreement