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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-221Temp. Reso. #7970 August 6, 1997 1 Revised September 11, 1997 CITY OF TAMARAC RESOLUTION NO. R-97_. ��I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE THE FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH THE PEP BOYS, MANNY, MOE AND JACK, INC., FOR THE PEP BOYS PROJECT LOCATED ON THE NORTHWEST CORNER OF NW 73RD AVENUE AND COMMERCIAL BOULEVARD, UPGRADING THE CURRENT 1" METER TO A 2" METER RESULTING IN ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $15,152.50 FOR 5.5 ERC'S OF WATER AND 5.5 ERC'S OF SEWER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Pep Boys, Manny, Moe and Jack, Inc., developer of the Pep Boys Project located on the northwest corner of NW 73rd Avenue and Commercial Boulevard, (attached hereto in map form as "Exhibit 1") executed a Water and Sewer Developer's Agreement on June 11, 1997; and WHEREAS, the Engineer for the Pep Boys Project has since determined and certified that the one inch meter needs to be upgraded to a two inch meter and has revised "Exhibit D" of the Water and Sewer Developer's Agreement to reflect this change; and WHEREAS, the change in the meter size resulted in a change of Equivalent Residential Connections (ERC's) from 2.5 to 8 resulting in additional Contribution In Aid of Construction (CIAO) charges totaling $15,152.50; and WHEREAS, the developer has agreed to pay these additional charges upon adoption of this resolution; and Temp. Reso. #7970 August 6, 1997 2 Revised September 11, 1997 WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement establishes 5.5 new ERC's and the payment of CIAC Fees in accordance with City Resolution No. R-96-212; 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 the Pep Boys, Manny, Moe and Jack, Inc., for the Pep Boys 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 the Pep Boys, Manny, Moe and Jack, Inc., and collect the additional contribution charges in the amount of $15,152.50 for the Pep Boys 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. $EQTION 2: That the appropriate City Officials are hereby authorized to accept and execute a First Amendment to the Water and Sewer Developer's Agreement (attached hereto as "Exhibit 2") with the Pep Boys, Manny, Moe and Jack, Inc., for the Pep Boys Project located on the northwest corner of NW 73rd Avenue and Commercial Boulevard, upgrading the current 1" meter to a 2" meter and establishing additional contribution charges in the amount of $15,152.50. The agreement shall not be accepted and executed Temp. Reso. #7970 August 6, 1997 3 Revised September 11, 1997 until the contribution charges have been received by the City. 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. 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 this24 day of s , , 1997. JOE SCHREIBER MAYOR ATTEST: CAROL A. EVANS, CMC - CITY CLERK EBY CERTIFY th t I ha approved R SOLUTION.as ti t0 WIITCHEn SXFJC / FT RECORD OF COMMISSION CITY ATTORN Y MAYOR SCHREIBER TR/dav/aml DIST 1: COMM. McKAYE DIST 2: W LMISHKIN DIST 3: COMM. SULTANOF DIST 4: _ COMM. ROBERTS EXHIBIT i 11 • • TEMP. RESO. # 7970 NATIONS4SHELL �z z¢ ww LAKE zBANK (69ST.)Gw COL❑NYBANK ACO TAMARAC AC BR❑❑KWE]EID PLAZA �a y UNIVERSITY y y W COMMONS 68 ST \\�� ] \ y y C7 d Q 67 ST w y y BELLE Y \. z y TERRE ca 7 66 ST \ w y or TAMARAC ¢ w N \ U r ¢ y y y MAINL cy NDS S 15,/5��// y y y i7 65 ST �\ UNIV. 64 CT y > SHOPPES \\� ❑FCS. 64 ST w y 64 ST y EGAN 0 © q PLAT ] \ \ u z Q 63 CT 63 \ �\ U n ¢ \\. h a ch cu CT CL' 63 ST MCNAB ROAD ] a CASABLANCA CENTER W❑❑DLANDS SCHOOL H ly 0 z ILLAGE SQUARE W > 62 ST 63 ST %% THUMB SAINT 62 STD 62 ST v, Z MALACHY w ] ] ] a a z J❑HN ~ ¢ ¢ ¢ ¢ ¢ j% 61 ST 3 6-IS T H❑ERN ] TE Q cu r ^ n n c n m D �� n �D w / ] n CURTIS FIELD N / ANDS SE 10 �cP 60 NATINNS /// /i�� PLAT BANK o ¢ N 58 CT _j n � a� n 58 ST BLOCK o BUSTER V) BIG LOTS BOSTON PLAZA CHICKEN r z z w v� Q 57 ST �a r- r �. N O J UJ z z z F- ❑~ 0 p ¢ Cn p ¢ Liq QQ Cq W CJWlyw r/1 ¢ ¢ W d C] 60 ST a r / 60 ST j vL 9L /j 59 ST 59 ST 59 ST ¢ Q Q n 57 PL n / n g S7 ¢ w Q IT ¢ r CN co MAI L D SEC 9 ¢ ] `D CC) 57DR 57 DR D _ Q 57 CT 57 CT n r o MA NLA DS SEC 8 r5 7 ] �' J W Q l7W Z Li ¢ FilfYB cn 0, — 2 q as z nwY ~cy Q �w COMMERCIAL BLVD w ly MARKETPLACE A ¢ ? aw �w ❑F(Y a� j cz.� TAMARAC ¢Ej PEPBOYS.DWG PEP BOYS FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT • EXHIBIT 2 Temp. Reso.#7970 FIRST AMENDMENT TO WATER AND S„FWER DEVELOPER'S AGREEMENT FOR: Pep Boys (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 The Pep Boys,Manny,--Moe & Jack, Inc. having an address at 3111 W. Alleahenv Avenue, P iladel hia PA 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 24 119 97 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: 1. Part II (H) of the Developer's Agreement is amended to read as follows: CONTRIBUTION WATER ORIGINAL CONTRIBUTION: Non -Residential ERC's = _ .5 @ $ 1,205,,00 per ERC = $ 3,012,50 FIRST AMENDMENT CONTRIBUTION: Non -Residential ERC's = 5.5 @ $1.205.00 per ERC = $6,627.50 0 SUBTOTALS: ERC's = 8 WATER CIAC FEE = 9 4Q.00 961011 1 Wsdaamen.wpd 0 CQNTRIB TI,J ION (SEWER) ORIGINAL CONTRIBUTION: Non -Residential ERC's = 2.5—@ $ 1,550.QO per ERC = $3,875.00 FIRST AMENDMENT CONTRIBUTION: Non -Residential ERC's = 5.5 @ S 1,550.00 per ERC = $8,525.00 SUBTOTALS: ERC's = 8 SEWER CIAC FEE = $12,400.00 TOTAL CIAC FEE _ $ 22,0 .00 LESS AMOUNT PREVIOUSLY PAID = $6,887.50 AMOUNT OWED = $15,152.50 2. Part III (A) of the Developer's Agreement is amended to read as follows: PART III. CITY'S OBLIGATION 40 A. I 'S MAINTENANCE OF SY T MS AFTER CERTAINLCQNDITIONS 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 _._B ERC's of water service and 8 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 • 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: Al ST: b-ems 0. S. Noe, Jr., City Manager ,i11.11*11 Carol A. Evans, City Clerk STATE OF FLORIDA SS ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe (reiber Mayor Date. September 24 1997 o �ertS. Noe, Jr., ity Manager Date: m.- .. B) M Ci 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 Joe Schreiber & Robert S. Noe_,_ Jr. — 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 --?-L day of September, aw PUs Or�► OFFICIAL NRr SlAL NOTA Y PUBLIC, Stat Florida V� pNYLLIS POLIKOFF 2 t COMMISSION NUMBER r CC390392 O Mr COMMISSION EXP. F�d� SEPT 331996 ( x) Personally known to me, or ( ) Produced identification at Large (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 I ] • 1"4 WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first written. ATTEST: By. ems. --¢ � r Type Name Corporate Se (Corporate Seal) STATE OF MCMDA PENNSYLVANZA : SS COUNTY OF PHILADELPHIA Type, a e � � VY 'S A . 1�1 Presi t I HEREBY CERTIFY that on this day, before me, an officer duty authorized in the State afore s id and in the C ,unty aforesaid to take acknowledgments, personalty appeared G" � to me known to be the person(s) described in and who ecuted the foregoing instrument and acknowledged before me and under oath that .� executed the same. ^ �9 7 WITNESS my hand and official seal thisZZ11 day of o o Notma Seal Sharon B. Roman, Notary Public Phll d I hl Ph' My Commission Expires Nov 29, it998 NOTARY PU IC„ State of Pennsylvania Member, Pennsyivaniak. '; : ;'G. of Notaries c`�t Large R v „,, /y , / 'i cG / -�, /4 � (Name of Notary Public, Print, Stamp, or ) ype as Commissioned) personally know to me, or Produced identification Type of I.D. Produced DID take an oath, or (✓) DID NOT tape an oath. 961011 0 Wsdaamen.wpd q�F_,J��UiT SH C"C)�AQL - ') V'T EN O G -QiE r'�P Ce�BLE coo hereby affirm that I am the of The Pep Boys, Mann Moe & Jack Inc. a Pennsylvania corporation, and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for the Pep,Boys „_ project on:: that 't a 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 AGREE=MENT_ FURTHER AFFIANT SAYETH NOT. This2day of 199 7 .. STATE OF FLURMW: PENNSYLVANIA SS COUNTY OF PHILADELPHI'A I HEREBY CERTIFY ;hat on this day, before me, an officer duly authcOZod in the State afor aid and n the County afolreseld to take acitnoWedgments, personalty appeared - C� to me Known to be the per, d-Iscr'bed in and who executed foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and cfiicial seal this - f 3 �U 199�. Not&-riai Seai PKotNoWles NOTARY PUI3b1C,` t2te Of �x Sharon B. Roman, Notary Pennsylvania Philadetphia, Philadelphia Cat Large My commission Expires Nov. Member, PennsyNaNa A 5 j f }!jeer r . r „ , � • (Name of Notary Pubfic_ Print, Stamp, or Type as Commissioned) i ( ✓) Personalty know to me, or ( ) Produced identification Type of I.D. Produced ( ) DID tale an oath, Or ( ) DID NOT take an oath. ` 51011 5 Wsdaamen.wpd J LL- anuany PJCL }s;gM41JON sa -�Os 1 w �I I I �-- Ico IcIU) Ln1 I dm � I � , I I z I 1 I L., I 1 I >< iw I �I OCD �I NI I o N CD 001 8 (!) I I I =m ,96'OK M<<S I,LZ-OON E l_ I II x U ❑E Ln I o 0 NILlj A Ico z� �, Z Or'] �r.•.1 S I� I �mO .rrEiA b 1 a W I_ I Wiz: 1 Z 0 0 SO r LLI I I moo I I� m Q CO CL LL111 WO QI LU LLJ ,00'�6Z M„LZ,9Z.ION I J o�� (� �W m s I I V U= d J a.F-g 0 EXHIBIT D TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT Pep Boys Supercenter METER SCHEDULE FOR NON-RESIDENTIAL USE OF ERC'S WATER SEWER TOTAL NO. OF LOT # # OF UNITS WATER SEWER CIAC FEES CIAC FEES CIAC FEES METERS METER SIZE Pep Boys 1 2.5 2.5 $3,012.50 $3,875.00 $6,887.50 1 1" Old Pep Boys 1 5.5 5.5 $6,627.50 $8,525.00 $15.152.50 1 2" New TOTAL 1 8.0 8.0 $9,640.00 $12,400.00 $22,040.00 1 2" • 0 • N/A DUMPSTER S CONNECTED TO SEWER @ 1 ERC EACH = N/A ERC'S (SEWER) TOTAL ERC'S 8 (WATER) __8_(SEWER) THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES. N/A AT 4" DIAMETER N/A AT 8" DIAMETER 1-60 LF AT 6" DIAMETER N/A AT DIAMETER SERVED BY WASTEWATER PUMP STATION NO. ERC'S + 2.23 SITE ACRES = 3.59 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. Donald R. Bames P.E 51289 SEAL P.E. # AUG 0 6 1991 [G:\04711702\W F\FORMS\$XHIB ITD. DOC] kjs