HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-209Temp. Reso. #9041
May 25, 2000 1
Revision 1, August 1, 2000
Revision 2, August 15, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- AOq
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A FIRST AMENDMENT TO THE WATER AND
SEWER DEVELOPER'S AGREEMENT WITH EDWARD W.
HIGGINS AND BLANCHE HIGGINS FOR THE WALGREENS
PROJECT LOCATED ON THE NORTHWEST CORNER OF
COMMERCIAL BOULEVARD AND PINE ISLAND ROAD,
ESTABLISHING THAT NO ADDITIONAL CONTRIBUTION
CHARGES OR ERC's ARE REQUIRED; AUTHORIZING AND
DIRECTING THE CITY CLERK TO RECORD SAID
AGREEMENT IN THE PUBLIC RECORDS OF BROWARD
COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Edward W. Higgins and Blanche Higgins, owners of the property
located on the northwest corner of Commercial Boulevard and Pine Island Road (a copy of
which is attached hereto in map form as "Exhibit 1"), executed a Water and Sewer
Developer's Agreement on April 29, 1983; and
WHEREAS, the original Water and Sewer Developer's Agreement was executed for
a Shell Gas Station which will be demolished and replaced with a Walgreens; and
WHEREAS, the First 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
WHEREAS, the Walgreens Project will require the installation of new water
distribution and sewage collection mains to be maintained by the City as described in
Clause 2 of the First Amendment to the Water and Sewer Developer's Agreement; and
Temp. Reso. #9041
May 25, 2000 2
Revision 1, August 1, 2000
Revision 2, August 15, 2000
WHEREAS, it is the recommendation of the Interim Director of Utilities that this First
Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac
and Edward W. Higgins and Blanche Higgins for the Walgreens 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 First Amendment to the Water and
Sewer Developer's Agreement from Edward W. Higgins and Blanche Higgins for the
Walgreens Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
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: The appropriate City Officials are hereby authorized to accept
and execute a First Amendment to the Water and Sewer Developer's Agreement (a copy of
which. is attached hereto as "Exhibit 2") with Edward W. Higgins and Blanche Higgins for
the Walgreens Project.
SECTION 3: 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 portions or applications of this
Resolution.
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Temp. Reso. #9041
May 25, 2000 3
Revision 1, August 1, 2000
Revision 2, August 15, 2000
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this o23 day of ,
2000,
ATTEST:
MARION SWItNSON, CMC
CITY CLERK
I HEREBY CERTIFY that I hie
ap ro ed this RESOWTIO as
RG/krs/mg
ITCHELL S. KFW
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM. PORTNER.
DIST Z: COMM. MISHKIN ....
EXHIBIT 1
■ r
TEMP. RESO. # 9041
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WALGREENS
FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT
"Exhibit 2"
FIRST AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Walgreens
(Name of Development)
This AMENDMENT TO AGREEMENT, made and entered into and between the
City of Tamarac, 7525 Northwest 88t" Avenue, Tamarac, Florida 33321, hereafter call
"CITY" and Edward W. Higgins and Blanche Higgins having an address
at 419 Main Street, Southwest Harbor, Maine, 04679 . hereinafter
WITNESSETH :
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 of on April 29 , 1983, said agreement recorded on O.R. Book 10825
Page 958 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)
',*7:�C �1 `I97k� 0 j,
Residential # Units X ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = 5 @ $ 525.00 _ per ERC = $ 2,625.00
FIRST AMENDMENT CONTRIBUTION:
Residential # Units X ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = 0 @ $ 1,400.00 per ERC = $ 0.00
SECOND AMENDMENT CONTRIBUTION:
Residential # Units X ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = @ $ per ERC = $
SUBTOTALS: ERC'S = 5 WATER CIAC FEE _ $ 2,625.00
981208 1 Amendment to Water and Sewer
Developer's Agreement
CONTRIBUTION SEWER
ORIGINAL CONTRIBUTION:
Residential # Units X ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = 5 @ $ 975.00 per ERC = $ 4,875.00 �
FIRST AMENDMENT CONTRIBUTION:
Residential # Units X ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = 0 @ $ 1,800.00 per ERC = $ 0.00
SECOND AMENDMENT CONTRIBUTION:
Residential # Units X ERC's Per Unit @ $ Per ERC
Non -Residential ERC's = @ $ per ERC = $
SUBTOTALS: ERC'S = 5 SEWER CIAC FEE _ $ 4,875.00
TOTAL CIAC FEE = $ 7.500.00
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 5 ERC's of water service and 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.
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:
Marion Swenson, 6MC
A4. 4Rtew City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe hreiber
Mayor
Date: $
Jeffrey L. iller
City Manager /
Date: n �l �� /6 a
By: �
Mit h II S.
to
Q SS Citp'Attorney
COUNTY OF 4� 0 0)4-0
I HEREBY CERTIFY that on this day, be a me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
of SRAM,Zer . to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me and
under oath that __.�gV executed the same.
WITNESS my hand and official seal this c�-g day of
20 60 .
(Personally known to me, or
( ) Produced identification
Qi4� () , ���
NOTARY BKJBLIC, State of Florida
at Large
FFICIAL NUL'ARYSEA
, JUNE A WHITE
'n NOTARY PUBLIC STATE OF FLoRTDA
TP COMMMON NO. CCM7ZO
15
(Name Of Notary Public: nn , a
or Type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or (.(DID NOT take and oath
981208 3 Amendment to Water and Sewer
Developer's Agreement
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first above written.
- A i*
fitness
Type Name Diane Cox_ —
Witne
Type Name
Marylin Sternick
STATE OF FLORIDA
SS
COUNTY OF UEAkD
(OWNER)
Type Name/Title Edward_. W Higgins_.
Type Name/Title __
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 k) In s to me known to be the person(s)
described in and who 6kecuted the forego ng instrument and acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this day of a-
2000
NOTARY BLIC, S'tatofof Florida
at Largep Cheryl
* *My Commission CC817829
1+'T.$ Expires March 16, 2003
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
( ) Personally known to me, or
( �oduced Identification rl--4 al— ,+- odne,-S 2e i'sT2rr kj
Type of I.D. Produced
( ) DID take an oath, or ( ID NOT take an oath.
981208 4 Amendment to Water and Sewer
Developer's Agreement
FROM : DEGIROLMO & ASSOCIATES, INC. PHONE NO. : 2550735
May. 16 2020 12:35PM P2
AFFID� AVIT SHALL B COMPLETED. WH.. M—MQRTGA IGNATU,RE. Ls -NOT
APPL CA LE
do h a that I am the
ofJ?"r— 1c..6t n�as cvmM+!+� _ in aliave executed a Water and
Sewer DEVELOPER's Agreement with the City owner of the arac rcove covered bsa
_ project and that I am the o property
id
DEVELOPER'S AGREEMENT -
There are no mortgages held on the property which is the subject of said
DEVELOPER'S AGREEMENT,
FURTHER AFFIANT SAYETH NOT.
( i store)
This /G day of 20 a4
STATE OF FLORIDA
• SS
COUNTY OF 60aWk-k;
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in t:he County aforesaid to take acknowledgments, personally
appeared W G K1 S 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 �� executed the same.
WITNESS my hand and official seal this Z(�lay of
20j2L,
NOTARY PUF3YP State of F10da
at Large kik, C"I Koye
**My commission C0817829
V,,,',r,!°' Expires March 16, 2003
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
( ) Personally known to me, or
(xj Produced Identification EI - t), ( r/ 2" CiS —0
Type of I.D. Produced
( ) DID take an oath, or(() DID NOT take an oath.
981208 5 At"Or4MOA1 Ja WAW and SO~
0"aptes Aprrl ooht
EXHIBIT "A"
All of Lot 1 and the East 18.37 feet of Lot 2, Block 9, LYONS
COMMERCIAL SUBDIVISION NO. 2, according to the Plat thereof,
as recorded in Plat Book fig, Page 43 of the Public Records of
Broward County, Florida; LESS and except therefrom that certain
portion of additional right-of-way taken for Commercial Boulevard
and Northwest 88th Avenue, as described in Official Records Book
7462, Page 357 of the Public Records of Broward County, Florida.
Subject to all easements, reservations and rights -of -way of record.
Said lands situate, lying and being in Broward County, Florida,
containing 58,187.00 square feet or 11336 acres, more or less
n
I
LOCATION SKETCH
EXHIBIT D
TAMARAC WATER AND SEWER DEVELOPER'S AGREEMENT
Development Walgreens
METER SCHEDULE FOR RESIDENTIAL USE
# OF ERC'S WATER SEWER TOTAL
# OF CIAC CIAC CIAC # OF
METER
LOT # UNITS WATER SEWER FEES FEES. FEES METERS
SIZE
I. Original Contribution
Commercial 1 5 5 $2,625.00 $4,875.00 $7,500.00 1
15'
II. First Amendment Contribution
Commercial 1 5 5 $0.00 $0.00 $0.00 1
1.51,
TOTAL
1 5 5 $2,625.00 $4,875.00 $7,500.00 1 1.5"
981208 6 Amendment to Water and Sewer
Developer's Agreement
TOTAL ERC'S 5
0 DUMPSTER(S) CONNECTED TO SEWER
a@ 1 ERC EACH= 0 ERC'S (SEWER)
(WATER) 5 (SEWER)
THE PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER AT 8" DIAMETER
one (1) AT 6" DIAMETER AT _ DIAMETER
SERVED BY WASTERWATER PUMP STATION NO. 16
5 ERC'S - 2.47 SITE ACRES= 2.0 ERC'S/SITE ACRE
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.
40095
SEAL P.E.#
Brian DeGirolmo 5//p 490
TYPE NAME
981208 7 Amendment to Water and Sewer
Developer's Agreement