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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-017Temp. Reso. #7629 December 4, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-9717 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 LENNAR HOMES, INC., FOR KINGS POINT RECREATIONAL COMPLEX PROJECT LOCATED ON THE SOUTHEAST CORNER OF NOB HILL ROAD AND NW 77TH STREET FOR WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM AND COLLECT ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $12,397.50 FOR 4.5 ERC'S OF WATER AND 4.5 ERC'S OF SEWER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc., developer of the Kings Point Recreational Complex Project located on the southeast corner of Nob Hill Road and NW 77th Street (shown in map form as "Exhibit 1") executed a Water and Sewer Developer's Agreement on September 28, 1983; and WHEREAS, the Engineer for Kings Point Recreational Complex has since determined and certified that a 2" meter is required to serve the Theater and has revised "Exhibit D" of the Water and Sewer Developer's Agreement to reflect this change; and WHEREAS, the 5/8" meter for the T.V. building will be removed; and WHEREAS, the change from a 1" meter to a 2" meter and the removal of a 5/8" meter resulted in a change of Equivalent Residential Connections (ERC's) from 3.5 to 8 requiring additional Contribution In Aid of Construction (CIAC) charges totaling $12,397.50; and Temp. Reso. #7629 December 4, 1996 2 WHEREAS, the developer has agreed to pay these additional charges upon adoption of this resolution; and WHEREAS, the Second 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 Second Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Lennar Homes, Inc., for the Kings Point Recreational Complex 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 Second Amendment to the Water and Sewer Developer's Agreement from Lennar Homes, Inc., and collect the additional contribution charges in the amount of $12,397.50 for the Kings Point Recreational Complex 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 with Lennar Homes, Inc., for Kings Point Recreational Complex Project (attached hereto as "Exhibit 2"). Temp. Reso. #7629 December 4, 1996 3 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. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdict'on to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTIONS This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this/day of , 1997. LARRY MISHKIN VICE MAYOR CAROL A. EVANS, CMC CITY CLERK I HEREB-Y CERTIFY that I have approve th REF:SOLUTION as to for , . i I / f MITCHELL S. KRAF CITY ATTORNEY Utilities/dav/aml RECORD OF COMMISSION VOTE RMAYC`© DIST DIST DIST 97"1 7 EXHIBIT 1 • 10 lie ROCKFORD /j TR28 TR29 y. U ci j Y❑RKSHIRE z TR30 g ,i � � a i j�/. w WELD❑N G tivN ¢ 3 Li r 1f / XA LAND SE 5 z TR27 / 77 76 ¢ Cr EVANGELICAL % ON 7) ST COVENANT / 76 Sr Q CHURCH Ln t �i c % WEST LAKE VILLAS 7 J KINGS P❑INT %co SALES CENTER 75 CT C�D WESTW❑❑D & CLUB HOUSE /� pq PINES i ;, • j PRING LAkjr tt p TR37 KINGS PT. S Sr PROF. PLAZA to O / O / w LOCATI ��.�. 74 CT st THIS SITE 4 WESTW❑ 311% ASHM❑NT CIR NORTH 95 W. g BELF❑RT ASHM❑NT 73 CT %•'• BE.4FpR CIR 73 SQUTH ST HIDDEN TR42 SECTION 21 TR40 HOLLOW 72 CT �ti G NOB HILL/ 2 a Y�i / 7 WESTWOOD PLAT TR41 P--4v 7¢ P❑INT PLAZA M �. • /;/ Z WESTWOO / 71 Sr 76 ��r 7v 71 ST 71 ST/ /. 70 PL SECTI❑N 22 g( o ] ram- SECTI❑N 21 jc� 7 ///j% / a ¢ co 70 CT j ESTW❑❑D 4 70 PL ga My < w 7>L m WE TW❑❑D 3 j/ u, ¢ m // Q' m 70ST� 70 ST j; 0 ST a' MCNAB ROAD J & J PLAT TAMARAC g OD ¢ TAM AC MARKET 68 PL ii GAR ENS TAMARAC // GARDENE T PLACE GARDENS).,, WEST %� / KING'S POINT RECREATIONAL 00"LEX WATER AND BDWDR DEVELOPER'S AORMNENT SECOND AMENDMENT KPRCWSD2,DWG • X.9.7-'q SECOND AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: KINGS POINT RECREATIONAL COMPLEX (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 LENNAR HOMES,,,IN_Q-- _„ having an address at 700 NW 107th AVENUE, MIAMI, FLORIDA 33172, , 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 28 11983 said agreement recorded on O.R. Book 10826 Page 4_ _ _ 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: Paragraph II (H) of the Developer's Agreement is amended to read as follows: ORIGINAL CONTRIBUTION: Non -Residential ERG's = 10 @ $335.30 per ERG = $ 3353.00 FIRST AMENDMENT CONTRIBUTION: Non -Residential ERC's = 1 - - --- @ $555,M per ERC = $555.00 _ SECOND AMENDMENT CONTRIBUTION: Non -Residential ERC's = 4,5-_ @ 1�00 per ERG = $5,422.50 SUBTOTALS: ERC's = 15.5 WATER CIAC FEE = 9 330. 961011 1 Wsdaamen.wpd jo-97-j7 QQNTR[RUTION (SEWER) ORIGINAL CONTRIBUTION: Non -Residential ERC's = 1Q _@ $ 622.7Qper ERC = $ 6.227.OQ FIRST AMENDMENT CONTRIBUTION: Non -Residential ERC's = 1 @ $ 975.00 , per ERC = $ 975.00 SECOND AMENDMENT CONTRIBUTION: Non -Residential ERC's = 4.5@ $ 1,550.00 per ERC = $ 6,975.00 SUBTOTALS: ERC's = 15.5 SEWER CIAC FEE = $ 14.17-LOO TOTAL CIAC FEE = $23,507.50 LESS AMOUNT PREVIOUSLY PAID = $11,110.00_ AMOUNT OWED = $ 12,397.50 _. 2. Paragraph III (A) of the Developer's Agreement is amended to read as follows: PART III. CITY'S OBLIGATION A. I 'S MAINTENANCE F M AFTER CEETAINNDITIO 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 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 _ 15.5 .ERC's of water service and 15.5 __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. 961011 2 Wsdaamen.wpd k 9 1-/ 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and ACCEPTED BY TY OF TAMARAC delivered in the presence of: GRANTS Z. ATTEST: By: 6�• Larry Mishkin y. B i7 Vice Mayor 4�- Robert S. Noe, Jr., City Manager ATTEST: By Carol A. Evans, CIVIC City Clerk STATE OF FLORIDA COUNTY OF BROWARo Date- February 12, 1997 By: Robert S. Noe, Jr., City Manager Date: February 12, 1997 / proved as to By: �Tdlj� �� Mitchel Kraft, SS `City Attorney 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 Ruben:g NnP, 7r to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that _ they executed the same. WITNESS my hand and official seal this 12 day of February \Pay Pie OFFICIAL NOTARY SEAL NOTARY PUBLIC, Stat f Florida G PHYLLIS POLIKOFF * COMMISSION NUMBER at Large r CC390392 MY COMMISSION EXP. SEPT 23 1998 1 PHYLL12 POLIKOFF (Name of Notary Public: Print, ( x) Personally known to me, or Stamp, or Type as Commissioned) ( ) Produced identification Type of I.D. Produced DID take an oath, or ( x ) DID NOT take an oath. 961011 ka Wsdaamen.wpd X'-9"/"/7 IN WITNE0 SS WHEREOF, Owner has hereunto set his hand and seal on the day and year first written. ATTEST: OWNER Lennar Hanes, Inc. By: By: Type Name Martin L. Riefs Type Name Michael J. Smolak Ass , t. Corporate Secretary vice President (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 Michael J. Smolak 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. WITNESS my hand and official seal this day of 1996 W ROSE SCHWARTZ COMMISSION N CC 448687 EMPIRES: March 27,1M „ , Bondld Thm No" PW* Undln ftm ( +Personally know to me, or ( ) Produced identification NOTARY PUBLIC, State orida at Large USA , Ch.,&0-(-{'T z. (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( VOID NOT take an oath. EsI-4111fil 4 Wsdaamen.wpd • AFFIDAVIT SHALL BE C MPL TED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I _ Michael J. Smolak _ do hereby affirm that I am the of Lennar Harms Inc. vice President and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for Kings Point Recreation Complex 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. (Sign ure) This—Z/--day of November STATE OF FLORIDA SS COUNTY OF Broward 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 Michael J. smolak 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 thg same. WITNESS my hand and official seal this // day of November 1996 ��� ,, ROSE SCHWARiZ 7 MY COMMISSION / CC 448a6 ;• EXPIRES: Marsh 27.1999 r , ` Banded Thor Notary Pubic 1 rxWvNhn ( x) Personally know tome, or ( ) Produced identification Ife, -- A Z � � �-- �/� — NOTARY PUBLIC, State Florida at Large n .� 1-1�03 Z5 � � /� 21� _ (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 5 Wsdaamen.wpd ,` 9 �-/7 C, • EXHIBIT A LEGAL DESCRIPTION PARCELS "A", "B" AND "C" OF THE PLAT OF "KINGS POINT RECREATIONAL COMPLEX" AS RECORDED IN PLAT BOOK 115, PAGE 27 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. Page 1 of 2 �'.9 '7r / EXHIBIT .;A r 417; r y'-1 � 'r•-""•'�' I I lIi � ti � - � ��. 'I;I:CILJI_;_J !: rn� ll it r► � ' � .\• r--,� � : � c°, 1 1 •��-_e�, ;j '_- t" , rn :.� it . M r ., • ` ', , v s � l � ' �r - "'�' ti �`--•�,= /�r� ,fir � • �� m � ra •ter+ ..I•�:R•�• � 1 � ..�:i � I I.. s � � �. .gyp, - •�. � - � ".ram: � • • � w '•t 1 � ;. � � `{, ' 1w .N.�.n _��aa: �., ..1•� i •r,r;'� 1,•�,,..rrr• y FINAL OVERALL SITE PLAN Page 2 of 2 r� • EXHIBIT D TAMARAC WATER AND SEWER DEVELOPMENT _!KINGS POINT RECREATIONAL CQMPLEK-- METEE SCHEDULE AND FEES FOR COMMERCIAL BY AGREEMENT (ONE UNIT = 1 ERC: WATER; CIAO = $335.30 /ERC: SEWER CIAC $622.70 /ERC) ORIGINAL AGREEMENT LOT NUMBERS NO.OF UNITS WATER i ERC's SEWER ERC's WATER CIAC FEES SEWER CIAC FEES TOTAL CIAC FEES NO.OF METERS METER ( SIZE CABANA & POOL 1 2.5 2.5 $838.25 $1,556.75 $2,395.00 1 1" CLUB HOUSE 1 5 5 $1,676,50 $3,113.50 $4,790.00 1 1-1/2" THEATER 1 2.5 2.5 $838.25 $1,556.75 $2,395.00 1 1" TOTAL 3 10 e 10 $3,353.00 $6,227.00 $9,580,00 3 (ONE UNIT = 1 ERC; WATER CIAC = $555.00 /ERC; SEWER CIAC = $975.00 /ERC) 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 CABANA & POOL 1 2.5 2.5 $838.25 $1,556.75 $2,395.00 1 1" CLUB HOUSE THEATER 1 1 5 2.5 5 2.5 $1,676.50 $838.25 $3,113.50 $1,556.75 $4,790.00 $2,395.00 1 1 1-1/2" 1" T.V. BUILDING 1 1 1 $555.00 $975.00 $1,530.00 1 5/8" TOTAL $3.908.00 $7,202.00 $11,110.00 4 I (ONE UNIT = 1 ERG; WATER CIAC = $1,205.00 /ERC; SEWER CIAC = $1,550.00 /ERC) SECOND 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 CABANA & POOL 1 e 2.5 2.5 $838.25 $1,556.75 $2.396.00 1 1" CLUBHOUSE 1 5 5 $1,676.50 $3,113,50 $4,790.00 1 1-1/2" EXISTING ERC'S 3.5 3.5 $2.393.25 $2,531.75 $3,925.00 - THEATER 1 4.5 4.5 $5,422.50 $6,975.00 $12,397.50 1 2" TOTAL 3 15.5 15.5 $9,330.50 $14,177,00 $23,507.50 3 *EXISTING ERC'S ARE BEING APPLIED TOWARDS THE NEW 2" METER FOR THE THEATER. 961011 7 Wsdaamen.wpd C� J • • N/A DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = 0 ERC'S (SEWER) @ $1505 = $ 0 GRAND TOTAL ERC'S 15.5 _(Water) 15.5 (Sewer) GRAND TOTAL CIAC FEES $ 9,330.50 (Water)$ 14,177.00 (Sewer) THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER 1 AT 6" DIAMETER AT 8" DIAMETER SERVED BY WASTEWATER PUMP STATION NO. DIAMETER 15.5_ ERC'S = 8.170 SITE ACRES = 1.9k ERC'S /SITE ACRE I HEREBY CERTIFY THAT THE NEW NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE. 961011 Qo R_"k Tj,.,�_ /04 SEAL RHON ERNEST-JONES Florida P.E. License No. 74 0--1 Wsdaamen.wpd