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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-016Temp. Reso. #7617 November 21, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-97�� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH NATIONAL BUSINESS CENTER OF TAMARAC INC., FOR THE AUTO SPA OF TAMARAC, INC. PROJECT LOCATED AT 4500 W. COMMERCIAL BOULEVARD, TO CHANGE THE IRRIGATION METER FROM A 5/8" METER TO A 1" METER AND COLLECT ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $1,807.50 FOR 1.5 ERC'S OF WATER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, National Business Center of Tamarac, Inc., developer of the Auto Spa of Tamarac, Inc. Project located at 4500 West Commercial Boulevard (shown in map form as "Exhibit 1") executed a Water and Sewer Developer's Agreement on September 13, 1995; and WHEREAS, the Engineer for the Auto Spa of Tamarac, Inc., Project has since determined and certified that the 5/8" irrigation meter needs to be upgraded to a 1" meter and has revised "Exhibit D" of the Water and Sewer Developer's Agreement to reflect this change; and WHEREAS, the change in the irrigation meter resulted in a change of Equivalent Residential Connections (ERC's) from 1 ERC to 2.5 ERC's resulting in additional Contribution In Aid of Construction (CIAC) charges totaling $1,807.50; and WHEREAS, the developer has agreed to pay these additional charges upon adoption of this resolution; and Temp. Reso. #7617 November 21, 1996 2 WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement establishes new ERC's and the payment of CIAC Fees in accordance with City Resolution No. R-94-210; and 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 National Business Center of Tamarac, Inc., for the Auto Spa of Tamarac, Inc. 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 execute a First Amendment to the Water and Sewer Developer's Agreement from National Business Center of Tamarac, Inc., and collect the additional contribution charges in the amount of $1,807.50 for the Auto Spa of Tamarac, Inc. 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 First Amendment to the Water and Sewer Developer's Agreement with National Business Center, Inc. for the Auto Spa of Tamarac, Inc., Project (attached hereto as "Exhibit 2") located at 4500 West Commercial Boulevard. That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. 1 Temp. Reso. #7617 November 21, 1996 3 SECJJQN 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 /,Z day of ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as MITCHELL S. KF CITY ATTORN Utilities/dav/aml , 1997. %RRY MISHKIN VICE MAYOR RECORD OF • •VOTE [Am • 0 1�1 y.(� EXHIBIT 1 W co 1 r� W w w W A w w W w W 1: �w w SA AL PALM, w /N \ L-.--.—�.--.� _ GOLF COURSE W W W W W W W LAKESIDE W J fxa LAKESIDE DR H W .1:1:I:I:I• N I ''� AST❑RIA WINDS j ISLAND, J I I SEVEN DINER WU�' FIRESETA j 53 S. I w�/ A� I LOCATION W THIS SITE r � I I \0 GRANTS f� S° \�i �'d, ( NSHINE PLAZA) � I 9 SE 5A A N D3 SEC, Li TAMAACRANIMAL 'HOSP. w wSEC 5CORAL JIMIDAS NATI❑NS W W 49 CT GABLES 2 a BANK w j�.:• �����,.,�y,.! SANK I M❑BILE o u w �. w ,.�/ •�1,Ti. /� j ¢w J IAM❑C❑ to BUNNING 49 CT ¢ > f 3 �� � �/ �© o I BUD'S Z -Ja FLORIST w u' v m �,� a a2 %+ I DUNKIN' w a w ~ 49 S ~ v v v v v v -x q 1j DONUT -) LO co '' �1 m DR v48 CT 49 ST 73 p,2 ��P�O `j7 PLA7ZA GINA'S 49 ST SEC 2 48/� a 48 ST �P�1�AND DR S /^w 47 CT 47 CT �•4i 47 CT M- /� IH❑PI I 47 ST II /i 47 ST 47 ST v �jj� c�`aa (L 77 46 ST ILL T =T>< w 46 ST 41~ 45 CT SEC 4A I�% w w w w SEC 3 45 ST 7Lu 44 ST IGJ� v v AUTO SPA OF TAMARAC, INC. AUT❑SPAW.DWG WATER AND SEWER DEVELOPERS AGREEMENT AMENDMENT # 1 r 57i6 • • I k •A ' '01 __1 0 WA Q IL•a1 �1 FOR:AUTQ SPA OF TAMARAQ, INC.. (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 called "CITY" and NATIONAL BUSINEaa CENTERR C INC. having an address at 8400 N. UNIVERSITY DRIVE. TAMARAC, FLORIDA 33321 , 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 SEPTEMBER 13. ,19.E said agreement recorded on O.R. Book 24101 Page 0910 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. Paragraph II (H) of the Developer's Agreement is amended to read as follows: Leis]' = • ' ORIGINAL CONTRIBUTION: Non -Residential ERC's = .9 @ $ 1.205-00_ per ERC = $ 10,845.00 FIRST AMENDMENT CONTRIBUTION: Non -Residential ERC's = 10.5 @ $ 1,205.00 - per ERC = $ 12.652.5_I� SUBTOTALS: ERC's = 10.5 961011 WATER CIAC FEE _ Wsdaamen.wpd CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: Non -Residential ERC's = 8 @ $ 1,550.00 per ERC = $12.400.00 FIRST AMENDMENT CONTRIBUTION: Non -Residential ERC's = .� -0 @ $ 1,550.00 -per ERC = $ 0 SUBTOTALS: ERC's = -_ SEWER CIAC FEE = $_ 12,400.00 TOTAL CIAC FEE = $26,052.50 LESS AMOUNT PREVIOUSLY PAID = $ 23.245.00 AMOUNT OWED = $L$47,50 2. Paragraph III (A) of the Developer's Agreement is amended to read as follows: PART III. CITY'S OBLIGATION A. rIIY'S MAINTENAUQE 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' engineer, together with the Utilities Director, 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 10.5 ERC's of water service and _ $^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. 0 961011 K Wsdaamen.wpd • • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and delivered in the presence of ATTEST s �� By: ., ? . Robert S. Noe, Jr., City Manager ATTEST: By: Carol A. Evans, City Clerk STATE OF FLORIDA SS ACCEPTED BY CITY OF TAMARAC GRANTEE By: Larry ishkin Vice Mayor Date: Febr r 1 1997 By:&-3� Robert S. Noe, Jr., City Manager Date: February 12, 1997 _. A roved a to rm: By: 4 V/r Mitchell S. Kraft, City Attorney COUNTY OF BRowARn : 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 --Larry Mishkin and Robert F; - Noe, j r- - - to me known to be the person(s) described in and who executed the foregoing instrument and _ UP-U acknowledged before me and under oath that —they---- executed the same. WITNESS my hand and official seal this .1.2_ day of Fgbruary 1997 &Z / /5' .3 AZ 26& �pY PU OFFICIAL NOTARY SEAL NO ARYC�PUBLIC, Stat Florida Q1P Be, PHYLLIS POLIKOFF at Large 2 Q oMMISSION NUMBER g Q c CC390392 MY coMMISSION EXP. eo F4Q SEPi 231998 ( x) Personally known to me, or ( ) Produced identification PHYLLIS POLIKOFF (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID take an oath, or ( x ) DID NOT take an oath. 961011 3 Wsdaamen.wpd IN WITNESS WHEREOF, Owner/ Developer has hereunto set his hand and seal on the day and year first written. ATTEST: OWNER/ DEVELOPER ' L Type Name Bruce er Type Name Bruce Schreiber Corporate Secretary per National Business President per National Business Centers of Tamarac, Inc. Centers of Tamarac, Inc. STATE OF FLORIDA : SS COUNTY OF Br w 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 Pyjc-E_ S- H-�C - _ to me known to be the persons(s) described in and who executed the foregoing instrument and t4E— acknowledged before me that Aexecuted the same. WITNESS my hand and official seal this c�) day of 1199� yr V NOTARY PUB IC, S to of ZNROSE MAZSTATroF MARY PUBLIClhh]99Print,Stamp,o sioned) ( ) Personally known to me, or ( Produced identificationQ1,�/�-�g5,,.1Cc Type of I.D. Produced ( ) DID take an oath, or (►DID NOT take an oath. 0 961011 :I Wsdaamen.wpd le- 9-�-/6 • • F.Al • - .14 I &OCE SCNQE E do hereby affirm that I am the of n;v Z"Z 3%AAVP4U Ce.^ keA ot^- -TAtNA-LA-e . rt3L PAk;J-,-t and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for aAxy0SPA, o9 TN*-,Amc aw[_ project and that I am the owner of the property covered by said DEVELOPER'S AGREEMENT. There are no mortgages held on the property which is the subject of said DEVELOPER'S AGREEMENT. FURTHER AFFIANT SAYETH NOT V.J` (Signature) This-c2�day of ALa� _., 199,L. •]:11111S•7VMI TA : SS COUNTY OFAOW*Q I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of resaid and in the County aforesaid to take acknowledgments, personally appeared - to me known to be the person(s) described in and who executed th foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this cg/ _ day of AL046Y, 199-L_ N orida mwrAxT at LargaosE MARY v CONNOR NorrAky PUBLIC STATE OF FLARIDA COMMIS6ION NO. CC456690 MY COMMISSION.E?(P. MAY 21,1999 (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( )/Personally know to me, or ( �/) Produced identification Type of I.D. Produce ( ) DID take an oath, or ( OIDID NOT take an oath. 961011 5 Wsdaamen.wpd EXHIBIT "A" I LAND DESCRIPTION Lot A, The Patrician A, according to the Plat thereof as recorded in Plat Book 150, Page 29 of the Public Records of Broward County, Florida. Said lands Lying in the City of Tamarac, Broward County, Florida containing 49,462 squae feet (1.135 acres) more or less. • �J C I A 41 If �. / r / 4r If m�Y �7 / • Vi I m 4P I 1 �3iro"Z qq a �$m o0 w AI A ="Kr% Kr �"• AUTO SPA CAR WASH 1 % iwwwFnrn..�+r-ram PAYINl1, DRAINAGE & UTILITY PLAN* �•� TAMARAC, FLORIDA IC91-16 0 EXHIBIT D C� • DEVELOPMENT Auto ,Spa of Tamarac, Inc. ORIGINAL METER SCHEDULE LOT NUMBERS NO. OF WATER UNITS i ERC's SEWER ERC's WATER CIAC FEES SEWER CIAC FEES TOTAL CIAC FEES NO. OF METERS METER SIZE AUTO SPA 1 a e $9,640.00 $12,400.00 $22,040.00 1 2" IRRIGATION 1 1 0 $1,205,00 $0,00 $1.205.00 1 5/8" TOTAL 2 9 8 $10,845.00 $12,400.00 $23,245,00 2 FIRST AMENDMENT LOT NUMBERS NO.OF UNITS WATER ERC's SEWER ERC's WATER CIAC FEES SEWER CIAC FEES TOTAL CIAC FEES NO. OF METERS METER SIZE AUTO SPA 1 e 8 $9,640.00 $12,400,00 $22.040,00 1 2" IRRIGATION 1 2.5 0 $3,012,50 $0.00 $3,012.50 1 1" TOTAL 2 10.5 8 $12,652.50 $12.400.00 $25,052.50 2 961011 DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = 0 ERC'S (SEWER) @ $1505 = $ GRAND TOTAL ERC'S 10.5 (Water) 8 (Sewer) GRAND TOTAL CIAC FEES $ 12,Q52,5Q (Water)$ 12.400.00 (Sewer) L Wsdaamen.wpd �e-9 7 • 11 THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 8" DIAMETER 1 AT 6" DIAMETER ----,AT —DIAMETER SERVED BY WASTEWATER PUMP STATION NO. 14A 8 ERC'S = 1.lU SITE ACRES = 7.048 ERC'S /SITE ACRE I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUI G CODE FOR THE INTENDED USE. 961011 SEAL Florida P.E. License No. VA Wsdaamen.wpd