HomeMy WebLinkAboutCity of Tamarac Resolution R-97-269Temp. Reso. #8021 September 30, 1997 1
CITY OF TAMARAC
RESOLUTION NO. R-97 v2 q
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 BMS OF
BROWARD, INC., FOR THE BUDGET MINI STORAGE
PROJECT LOCATED AT 8300 NORTH UNIVERSITY DRIVE,
FOR THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEMS AND COLLECT ADDITIONAL
CONTRIBUTION CHARGES IN THE AMOUNT OF $11,020.00
FOR 5 ERC'S OF WATER AND 5 ERC'S OF SEWER;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, BMS of Broward, Inc., developer of the Budget Mini Storage Project
located at 8300 North University Drive (attached hereto in map form as "Exhibit 1 ")
executed a Water and Sewer Developer's Agreement on June 26, 1996; and
WHEREAS, the Engineer for Budget Mini Storage Project has since determined and
certified that a 1-1/2" meter is needed and has revised "Exhibit D" of the Water and Sewer
Developer's Agreement to reflect this change; and
WHEREAS, the change in the meter resulted in a change of Equivalent Residential
Connections (ERC's) from 1 to 5 resulting in additional Contribution In Aid of Construction
(CIAC) charges totaling $11,020.00; and
WHEREAS, the developer has agreed to pay these additional charges upon
adoption of this resolution; and
Temp. Reso. #8021 September 30, 1997 2
WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement
establishes the 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 BMS of Broward, Inc., for the Budget Mini Storage 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 BMS of Broward, Inc., and collect the additional
contribution charges in the amount of $11,020.00 for the Budget Mini Storage 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 211) with BMS of Broward, Inc., for Budget Mini Storage Project and
collect additional contribution charges in the amount of $11,020.00.
SECTION 3: That the City Clerk is hereby authorized and directed to record said
agreement in the public records of Broward County.
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Temp. Reso. #8021 September 30, 1997 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/o2 day of /V ,
1997.
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
apgovd $his RESOLUTIOIlas
t I j - A
ITCHELL S. KF
CITY ATTORN
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11
JOE SCHREIBER
MAYOR
RECORD OF COMMISSIO
MAYOR
SCHREIBER i
DIST 1:
COMM. McKAYE
DIST 2:
WM MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
VOTE
EXHIBIT 1
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BDMSWSUE.DWG
BUDGET MINI STORAGE
WATER AND SEWER DEVELOPER'S AGREEMENT AMENDMENT *i
EXHIBIT 2
Temp. Reso, 8021
E
•
h t AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
MENT
FOR: Beget Mini Storage -�
(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 BMS of Broward Inc. having an address at 8300 North University Drive_,
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 June. aco ,199(o said agreement recorded on O.R.
Book (9 (nO-7 i— Page o-3 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 II (H) of the Developer's Agreement is amended to read as follows:
CONTRIBUTION (WATER)
ORIGINAL CONTRIBUTION:
Non -Residential ERC's = 1 @ $1,205.00 per ERC = $ 1,205.00
FIRST AMENDMENT CONTRIBUTION:
Non -Residential ERC's = 4 @ $1,205.00 per ERC = $ 4,820.00
SUBTOTALS: ERC's = 5 WATER CIAC FEE = $6,025.00
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N .1� T�OIV (5EWER)
ORIGINAL CONTRIBUTION:
Non -Residential ERC's = 1 @ $1,550.00 per ERC = $1.550.0_0
FIRST AMENDMENT CONTRIBUTION:
Non -Residential ERC's = 4 @ $1,550.00 per ERC = $6.200.Q0
SUBTOTALS: ERC's = 5. SEWER CIAC FEE = $7,750.00
TOTAL CIAC FEE = $13,775.00
LESS AMOUNT PREVIOUSLY PAID = $2P755.00
AMOUNT OWED = 11 20.00
2. Part III (A) of the Developer's Agreement is amended to read as follows:
PART Ill. CITY'S OBLIGATION
A. CITY' MAINTENANCE QF SYSTEMS AFTER CERTAIN CONDITI NS
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 5 ERC's of water service and 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.
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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:
ATTE
#beftS. Noe, Jr.,
City Manager
ATTEST:
By:
Carol A. Evans,
City Clerk
STATE OF FLORIDA
SS
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC
GRANTEE
Joe !Oreiber
Mayor
Date: ber 12. 1997
BVI, j A
R ert S. oe, Jr.,
City Manager
Date: ___-_.November 12, 1997
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 achreiber & Robert S. Noe, _ Jr. to me known to be the person(s)
described in and who executed the foregoing instrument and thvvacknowledged
before me and under oath that they__.,.�executed the same.
WITNESS my hand and official seal this 12 day of -November
1997.
*RY P& OFFICIAL NOTARY SEAL NOTARY PUBLIC, St of Florida
l� PHYLI POLIKOFF
r` r COMMISSION NUMBER at Large
1 ;,} Q CC320392
y.� e• �d MY COMMISSION EXP.
�,r4o SSpT Z31998 Phyllis Poliko£f
(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.
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IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first written.
ATTEST: OWNER
By: By:
Type Name 1 icTo R Ira w„ ri Type Name -J--)Av� d ro cc�N
Corporate Secretary President
(Corporals Seal)
STATE OF FLORIDA
: $S
COUNTY OF
.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 U, cTo e- "Dau id -6 vo w 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 seat this AS— day of SQ Te-k%6 �r
199q-7 .
NOTARY PU 1G. stateOLMoi�#a
at Large c;:•r;s.;IA ; ie
NaTAU :'M,,, - -,TA7E OF FLL3MDA
CC3MM116513N NO. CC404459
r r*• Tr`
(Name of Nota` gTTub c: Print,
Stamp, or Type as Commissioned)
(x) Personally know to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or DID NOT take an oath.
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IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written
ATTEST: MORTOAQ E If A pli ab bad
y''
y; y:
Type Name Timothy E . Kish Type Name a, ;cu.AF! �. %&
Corporate Secretary fic.� President
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the Mate aforesaid and in the County aforesaid to take acknowledgments, personally
appeared H chae l 1. Leonal-o(. -n oliky le. k-J-6,6 to me known to be
the person(s) described in and =ywve d th�eoreegeAng instrument and .
acknowledged before me and
WITNESS my hand and official seal this day of ,SQa2ernbe-v,-- ,
() Personally know tome, or
( ) Produced identification
td of Florida
at Larq * NORAIDA R GARCIA
My Commission CC374780
Expires Jun. 07. 1998
��'ev Fl.CP�O
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
) DID take an oath, or ( }C) DID NOT take an oath.
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EXHIBIT A
SURVEYORS, wc.
N
I
i
$CALF I" s 50,
LFGAt DESCRIPTION,
I
LOTS 4 THROUGH 8 INCLUSIVE,
BLOCK 12, LYONS COMMER-
CIAL SUBDIVISION NO. 3,
ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN
PLAT BOOK 78, PAGE 31, OF
THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA.
SAID LANDS SITUATE, LYING,
AND BEING IN THE CITY OF
TAMARAC. BROWARD COUNTY,
FLORIDA.
708-4001
19330 47TH PLACE NORTH, LOXAHATCHEE, FLORIDA 33470
FNa l#778l IR/eM SKETCH OF SURVEY R I, A
S 89'47'44" W 293.00'
sn' i
�o �o
I r I
120.33' 0/S 1 102.67* I 70.0' 0
~r--
r T` BUILDING 'B' 8 ,
1 F.F.E on
2.157' 1
.1.e .. 25.33' 20.00'
I �
15' U1ILITY EASEMENTI xuxttaw
I0' PLANTING EASCMENI
40 iDo'
I
su:o
c T o 2.
! z z N * z
W
7
FLOOQ ZONE
INFORMATION:
I �
COMMUNITY-
120058
PANEL NO.:
0205
UFFIX;
AH
ATE:
8/18/92
ASE ELEV:
12.0
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1 sn.np50.0' O _
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BUILDING 'E" I
72,
F.F.E. = 12.92I
I
45'
nl
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I
5a 5
_.. 93 O S
150.00'
I
I I n ❑ 20' ASPHALT ORIAVE
60'
un0iR7r" N 89'47'44" E 293.00'
Cwtif cation: CERTIFIED TO: DM
I hereby certify that. this survey is true and correct to the best of my knowledge and CAPITAL. BANK
belief and that it m s the Florida Minimum Technical Standnrds ny set forth by thn Florida
Board of PraleS oI Land Surveyors in Chapter 6IG17-6. Florida Administrative Code, pursuant
to Sect n 4 .027, Florida Statute.,.
FLORIDA REGISTERED LAND SURVEYOR /4225 MYRON W. BLOW
NOT VALID WITHOUT INK SIGNATURE AND EMBOSSED SEAL OF CER7?"NC SURVEYOR. SURVEY DATE: 10/10/96
PF UPDATES and/or REVISIONS DATE BY CK'D NOTE: Harizrxl S1a a,arlk lnr end narnf,fng eurwwr mere no DRAWN BY: D
rnpreeentatlnne nr guar -lee., a, to the Informoti- renncicd hereon
pertnlning to a en t,, right,-n(-way, net hank linr!% re hltione,
agrecmente end ,f,, ,Im!in, marl ere, and a,rtnar, thi, ina.umrnt le CHECKED BY: MB
not Intended to rvllact n ,et forth all ,uch molter,. Such Infarmallon
Ahnuld he ohtnlnnd and aon(irmad by other., Ih- npprnprinte title
mificolion. (,"�. Fhown hereon ware not ebtl1orlod ter right-of-way F.B. P.G-
ond/or—ementf of r-ord.
lnderground utilities not located except an shown. PROJECT NO. 96-078
.� EXHIBIT D
TAMARAC WATER AND 5EWER AGREEMENT
40
DEVELOPMENTBUDQET.MINI--$TORAGE
MEIER SC EDULE FOR NON-RESIDENTIAL SE
# OF ERC'S SIZE OF
SERVICE USE #.QF UNITS WATER S�WERR # OF METERS METERS
Mini Self Storage Warehouse with 1 5 5 1 1 1/2"
Caretaker apartment and
visitor bathrooms
Based upon: 2 private bathtubs 4 FU
1 domestic dishwasher 2 FU
1 drinking fountain 0.5 FU
1 kitchen sink 2 FU
7 Lavatory - Small P.O. 7 FU
2 Lavatory - Large P.O. 4 FU
2 Service Sink - 3" Trap 4 PU
1 Washing Machine - private 4 PU
4 Water Closets - Tank Operated 16 PU
4 Water Closets - Flush Valve type 32 PU
TOTAL FIXTURE UNITS 75.5 FU
PER S.F.B.C. SECTION 4614.12 (b) A 1 1/2" METER WILL BE REQUIRED
0 DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = 0 ERC'S (SEWER)
TOTAL ERC'S _ �-(Water) `(Sewer)
THIS PROJECT REQUIRES THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
1 AT 4" DIAMETER
AT 6" DIAMETER
AT 8" DIAMETER
AT _ DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. 22
5 ERC'S _ 3.36 SITE ACRES = _. _1.488_ ERC'S /SITE ACRE
I HEREBY CERTIFY THAT THE NON-RESIDENT!AL WATER METERS LISTED ABOVE MEET
THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE
INTENDED USE.^
_ - 41052
SEAL P.E. #
Jonathan w. Keith
TYPE NAME
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