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Home My WebLink AboutCity of Tamarac Resolution R-2000-2921 fl Temp. Reso. #9170 October 4, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- 4Aq ,�, 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 BUTTERS CONSTRUCTION FOR THE CULLIGAN WATER COMPANY PROJECT LOCATED ON THE EAST SIDE OF HIATUS ROAD SOUTH OF NW 67" STREET, REVISING PART V, SECTION C AND ESTABLISHING A NEW BILLING FORMAT; 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, Butters Construction, owner of the Culligan Water Company Project located on the east side of Hiatus Road south of NW 671h Street (a copy of which is attached hereto in map form as "Exhibit 1 "), executed a Water and Sewer Developer's Agreement on May 26, 1998; and WHEREAS, the owner has requested that since the facility is a water bottling plant and more than fifty percent of the water consumption metered is treated and bottled, that wastewater charges be based on an amount equal to 50% of the metered water; and WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement establishes a new billing format that requires only the payment on 50% of the metered water in wastewater charges; and Temp. Reso. #9170 October 4, 2000 2 WHEREAS, it is the recommendation of the Director of Utilities that this First Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Butters Construction for the Culligan Water Company 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 Butters Construction for the Culligan Water Company 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 Butters Construction for the Culligan Water Company Project. SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. 1 1 Temp. Reso. #9170 October 4, 2000 3 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 6` day of 2000. ATTEST: MARTON S ENSON, CMC CITY CLERK HEREBY€RTIFY that I h a r9m�d . his RESOLU;r as to f6rml ✓/ `"MITCHELL S. KRAFT CITY ATTORNEY JOE SCHREIBER MAYOR FECWID tW Cam ow I.. OOOL FORINO O*2: COOL M4000111.0� o` * OWL 00AWO W" 0090" mom "Exhibit 2" FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: Culligan Water Company (Name of Development) This AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 88th Avenue, Tamarac, Florida 33321, hereafter call "CITY" and Butters Construction having an address at 2005 W. Cypress Creek Rd., Suite 202, Ft, Lauderdale, FL 33309 . hereinafter called "DEVELOPER" 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 May 26� , 1998, said agreement recorded on O.R. Book Page 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: Part V (C) of the Developer's Agreement is amended to read as follows: PART V. MUTUAL ADDITIONAL COVENANTS C. PROMULGATION OF REASONABLE RULES OF SERVICE CITY shall have the right to promulgate from time to time reasonable rules and regulations relating to the furnishing of water service and sewage collection service to consumers within the PROPERTY encompassed by this AGREEMENT. Such rules and regulations may relate to, but are not limited to, rates, deposits and connection charges and the right to discontinue services under certain conditions. The water and sewer rates to be charged by CITY to said customers shall be the rates now or hereafter charged to other customers within the area of service of TAMARAC UTILITIES WATER AND SEWER SYSTEM. Since the customer is a water bottling facility, therefore, the said customer should be charged for wastewater based on an amount equal to 50% of the metered water. Such charges shall become effective on the first billing cycle following City Commission approval. DEVELOPER hereby acknowledges and agrees that the rates are subject to change at any time by the CITY. 981208 I Amendment to Water and Sewer Developer's Agreement 2.. All other provisions of the Developer's Agreement are hereby ratified. 981208 1 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, CMC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANT E By: Joe Weiber Mayor / Date: %// / 7 �� U" By: L .�. Jeffrey L ill City Manager ) /� Dater t CI / l 7_ /.)-o 0 Cr / By: Mitche . Ki COUNTY OF SS ( City Attorney V /3 " I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Count aforesaid to take acknowledgments, personally appeared L•0,/ to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. to WITNESS my hand and official seal this 17 day of & IeMi 2000 (personally known to me, or ( ) Produced identification ( ) DID take an oath, or ( 981208 a. NOTA PUBLIC, State of Florida at Large OFFICIAL NOT Y SEAI, ,NNE A WHITE NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC775720 MY COMMISSION EV. SEPT 15mm (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ,f'D--ID NOT take an oath K3 Amendment to Water and Sewer Developer's Agreement 08/25/2000 09:24 FAX 9547242406 UTILITIES 2005 1N VYITNESA WHEREOF, Owner has hereunto set his hand and seal on the day and y irs� a o e ritten. (OWNER) J � Witness _ A I A► A i c,[A h 1' STATE OF FLORIDA WO COUNTY OF /t pw14(? Type Name Sam rs Owner Type Name/Title ___N�than Butters. Qwner 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 A,./ r J Y N:+? ,aA-7 to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this z.t day of4-"47 20 ,r'v \\\`��Nr,►trlrr►rH��r��i r•M1SS10/I/ 20, 2o�A9 *•�RQ ?.v, • r #cc 713963 : p • `ram iWAti�Fna so�� ;:�•�Q: ( } Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State o Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 4 Amendment to Water and sewer Developer's Agreement 08/25/2000 09:24 FAX 9547242400 UTILITIES 1006 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: MORTGAGEE (If Applicable) By: By; a �pief TypTName Z22c;nh+r Type ame James T. t>aells R469 dapt I Assistant Vice-PreaideM (Corporate Seal) erovifice ar kAwfio STATE eF FLORID* Judicial SS COUNTY OF J HEREBY CERTIFY thIt pn this day, before me, an Officer duly authorized in the aforesaid and in the rnty aforesaid to take acknowledgments, personally appeared James T. Twells to me known to be the person(s) described in and who executed the foregoing instrument and _acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this 29 day of. ��e4e, - NOTARY PUBLIC, Provia"'JI oi,s�arto 9e au tivi i iJistaic. of yonk CHRWRA CHONQ Notary Public, MY of Ton)ft, bTald ID fha atttabmon of documents and the taking of alBdaft TttrTIM WNIMM Us 11151e8 = COMM and its subsidtaryocrtsr11ift (Name of Notary Public: Print, Stamp, 15*83Jt"a,=11. or type as Commissioned) ( ✓fPersonally known to me, or ( ) Produced Identification ( ) DID take and oath, or ( Type of I.D. Produced ) DID NOT take an oath. 981208 rJ Amendment to Water and Sower Developer's Agreement