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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-254Temp. Reso. #7523 September 18, 1997 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 ACCEPT AND EXECUTE THE FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH BEDDING BARN, INC., FOR THE BEDDING BARN PROJECT LOCATED AT 8201 WEST COMMERCIAL BOULEVARD ADDING A ONE INCH IRRIGATION METER AND ESTABLISHING ADDITIONAL CONTRIBUTION CHARGES IN THE AMOUNT OF $3,012.50 FOR 2.5 ERC'S OF WATER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bedding Barn, Inc., owner of the Bedding Barn Project located 8201 West Commercial Boulevard (attached hereto in map form as "Exhibit 1 ") executed a Water and Sewer Developer's Agreement on June 11, 1986; and WHEREAS, the Engineer for Bedding Barn, Inc., has since determined and certified that a one inch meter is needed for irrigation and has revised "Exhibit D" of the Water and Sewer Developer's Agreement to reflect this change; and WHEREAS, the addition of the one inch meter resulted in an increase in Equivalent Residential Connections (ERC's) resulting in additional Contribution In Aid of Construction (CIAC) charges totaling $3,012.50; and WHEREAS, the owner has agreed to pay these additional charges upon adoption of this resolution; and Temp. Reso. #7523 September 18, 1997 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-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 Bedding Barn, Inc., for the Bedding Barn 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 Bedding Barn, Inc., and collect the additional contribution charges in the amount of $3,012.50 for the Bedding Barn 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 (attached hereto as "Exhibit 2") with Bedding Barn, Inc., for the Bedding Barn Project and collect additional contribution charges in the amount of $3,012.50. 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 71 1 1 Temp. Reso. #7523 September 18, 1997 3 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 as day of d 11997. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have TR/dav/aml ' JOE SCHREIBER MAYOR RECORD OF COMMISSIO MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST d;..j"0 M. ROBERTS i VOTE Temp. Reso. #7523 EXHIBIT 1 W W y W y W W W W y W W W I W W w W TS. W W w W W W W •\ ��\\�W W W w W W y \ �\� y w w /yam y y y CgNNpNGq W y y W W \\\W y W BELLE y •• w y ,�v y\�����j W TERRE �.\• W \, W Q VE'IdSq ILL(_ `fd' W vW W I OF ITAMARA ,(Ay GARDENS W W V o o R❑KEST �y y z APTS. W - W W W y r LAND� SEC,�� a • •� �a�1a\\�i:\ r •\�v I UN I V, COLONY C1R, W ��` w fH❑PPE IIFCS. q Iw W w j W W w W W w W y W W W W W W W w W W W W y GOLF COURSE, ^' \. L'. FAIWIEW W \\ r FAIRWAYS;] OD ST �' ILLAGd SQUARE LLI g .:• 177 62 CT WATER THUMB 59 PL V� g S I TNT za oc W gSUNSISL ST a a 59 CT a f% G/A. a (EDGEW 61 ST TER> 1 ST vn °D MAINLANDS UNIT 13 59 ST 00 j% co a w as CURTIS FIELD N TI❑NS W uo co g 12 57 CT MA I JIL, UN T o% (o 00 n PLAT tANK WATERSIDE 60 Sr � jjTi IV D S'' W ¢ ij% iG iCG� l�:%/%!i✓/��i/.�✓%/�J' I%%/ 58 CT a 4 '/"A ch 58 f j HEARTLAND co cu OF UNIV. InN CT OD �;jj TAMARAC DINER I� a D- ST %j MIDWAY PLAZA Y ¢j 'a BLOCK 150 57 PL ONO W , a¢ /. �!//� n BUSTER AIRHAVE 11 ro g CDa o _ % UNITED B❑ST❑N STATES CHICKEN I 57 CT POST/J z z NW 57TH ST ❑FFICE I Li W w te a~ ¢ W " �- z"Z P;w ¢ 7 ¢ z z W d ]C r J a �. o-J a �c W H W W W:P4 LX OND p¢q q W tV M Q W paq n as � I _j -------•- - - - - - - - - - � COMMERCIAL BLVD, LOCATION LAUDERH I LL THIS SITE FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT FOR BEDDING BARN BBWSDA. DWG FYITTRTT 7 Temp. Reso.#7523 19,5AMENDMENT TO WATER & SEWER DEVELOPER'S AGREEMENT For Bedding Barn (Name of Development) THIS AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 88th Avenue,, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called "CITY" and having an address at 5201 tO ci- K rC A I glud TA-MA"G PC - hereinafter called "DEVELOPER" W I T N E S S E T H: WHEREAS, CITY and DEVELOPER entered into a Water and Sewer Developer's Agreement for the property described in Exhibit A attar�hed hereto and made a part hereof on -tA nF J-0MC iqF41� said Agreement recorded in O.R. Book 137G.5 Page '7 J--- 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: II. H. CQNTRIBUTION (WATER) Residential ... #1$_ Units X NJA_ ERC's Per Unit @$ LZC15 - Per ERC Non -Residential... # LZ•S ERC's @$C� Per ERC 301a. SO Total ERC `s a-S (WATER) CONTRIBU,TIQU (SEWER) N 1A Residential ... # NJA Units X N113_ ERC's Per Unit @$ 46-Per ERC Non --Residential.,. # NjA ERC's @$NJA Per ERC Total ERC `s l (SEWER) 1 • • Total amount of contribution charges original agreement and this amendment Contribution charges previously paid Contribution charges added by this amendment that are due at the time this Amendment is approved by City Commission Z()%,-� _ 50 2. Paragraph III(A) of the Developer's Agreement is amended to read as follows: OF CERMIN C011MITIONS 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. 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 -c�.5 _ ERC's of water service and r�•J 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. W41 �J • 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: A T: LS. Noe, Jr., k C y Manager ATTEST: By:L Carol A. Evans, City Clerk STATE OF FLORIDA SS COUNTY OF eROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized afo t'd d ' h ACCEPTED BY -CITY OF TAMARAC GRANTEE By: Joe,SGhreiber Mays D 1 c to er 22, 1997 S. Noe, Jr., ity Manager Date: October 22, 1997 in the State resaan m t e 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 _ the,y executed the same. WITNESS my hand and official seal this 22 day of October 199 7. ' � OFFICIAL NO ARr sENL NOTARY PUBLIC, Stat Florida w . Gh PNrl.us POUKOFF � COMMISSION NUMBER CC390392 Mr COMMISSION EXP, SEPT 23 1998 (x4 Personally known to me, or ( ) Produced identification at Large 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. 3 IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. ATTEST: OWNER By: - By: Type Name Richard T. Nesbitt _ Type Name Lawrence B. Crone Corporate Secretary President (Corporate Seal) _STATE OF FLORIDA SS Boca Raton COUNTY OF Palm Beach 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 Lawrence B. Crone to me known to be the person(1) 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 kA 199-L`. =Y F OFFICIAL NOTARY SEAL � 4y�� oa NOT PUBLIC, Sta a of E]arida BERsApsppAMORrls ION U6 �at LargeOM<*CC27289MY COMMISSION Or 5►�7 P 1L �� (Name of Notary Public: Print, Stamp, or Type as Commissioned) (�() Personally know to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an ?� oath. 4 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: y By: I 7 Type ame Jj ' R MORTGAGEE 23AIvk a1v I TZ-D By: Type Name ((►1 AGL . &V1T% ,,�1tit111111//// Corporate Secretary �D lop�i/l<rGTOiQ �om,4E, C,4L �EgL J : •• • j{j • Y • -I (Corporate Seal)CQ CD 7E )(A 5 1141. /ll ;988,,����`�, STATE OF T-LQR4-- SS COUNTY OF IS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take a knowledgment , personally appeared D/ � �alir164C/ L to me known to be the person(s) I�s�cribed in and who executed the foregoing instrument and —,M-, acknowledged before me and under oath that !T executed the same. ITNESS my hand and official seal this s�?Gz4 day of 199f4_`. trn xi siiiirrxxiaaxxKA G74) Personally know to me, or ( ) Produced identification "< 'Lz�' NOTARY PUBLIC, State of at Large /u- (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced 0 ( ) DID take an oath, or (,,4 DID NOT take an oath. 5 • Al. /,4v .s ?th sT. O C% 4! �I 4 6 BL 4 C.t' 7 ,a zs• Sca/� -, --.- -Fie. Al a6 0 24,A l8� L B/ecE L �dC 6y P/4r r �f ,5xF7-C1y ,4AJD LEGAL DE,SC.P/PT/4N Lot 1, Block 7, less the Southerly 7.00 feet thereof, "LYONS COMMERCIAL SUBDIVISION", according to the plat thereof, as recorded in Plat Book 69, Pace 42, of the Public Records of Broward County, Florida. All lying and being in the City of Tamarac, Broward County, Florida and containing 52,563 souare feet (1.207 acres more or less). EXHIBIT A C� EXHIBIT D TAMARAC WATER AND SEWER AGREEMENT DEVELOPMENT b�DDiNr if I W (064M&C �z.I �fvNara C.- SIZE BUILDING # # OF UNITS #OF ERC'S #OF METERS OF METER TOTAL METER SCHEDULE FOR NON-RESIDENTIAL USE SIZE E-RC'S SERVICE USE Pn TOTAL ERC'S THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF_FIRE LINES:141f� ►V AT 4" DIAMETER N AT 6" DIAMETER AT 8" DIAMETER AT " DIAMETER 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. William E. Schioslke,P.E. ND.W/S/D/AGR .1/13/88 REV.7/27/90