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Home My WebLink AboutCity of Tamarac Resolution R-87-176Introduced by: Temp. Reso. #4632 Revised 4/27/87 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 87- 176 A RESOLUTION AUTHORIZING ICON DEVELOPMENT TO INSTALL A NEW WATER AND SEWER LINE WITHIN MISSION LAKES SUBDIVISION AND THE CREDITING OF ONE-HALF (1/2) THE CERTIFIED CONSTRUCTION COSTS, NOT TO EXCEED FORTY FIVE THOUSAND DOLLARS ($45,000.00) AGAINST CIAC FEES AND AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT TO ACCOMPLISH THIS; AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has received from ICON Devel- opment Corporation an Agreement to install new water -and sewer lines within Mission Lakes Subdivision at Southgate Boulevard and Northwest 71 Street, also known as Master File No. 1-80; and WHEREAS, ICON Development Corporation has agreed to fund the installation of the water and sewer lines, and be credited with one --half (1/2) the certified construction costs, not to exceed forty five thousand dollars ($45,000.00) against CZAC fees and authorizing the City Manager to execute an agreement to accomplish this; and WHEREAS, the Staff of the City of Tamarac has recommended to the City Council that such an agreement is in the best interest of the City for the developer to install said water and sewerlines, and be credited with one-half (1/2) the certified construction costs, not to exceed Forty Five Thousand Dollars ($45,000.00) against CZAC fees and authorizing the City Manager to execute an agreement to accomplish this. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: ,SECTION 1: ICON Development Corporation hereby agrees to pay for the installation of the water and sewer lines within Mission Lakes Subdivision, with the exception of one half.(1/2) of the certified construction costs, not to exceed forty-five thousand dollars ($45,000.00) against CZAC fees and authorizing City Manager to execute an agreement to accomplish this. Temp. Reso. #4632 SECTION 2: City Staff has reviewed the plans for said installation and have approved of such in order to stop infil- tration into the system and to upgrade said lines. SECTION 3: The City Staff is in a -position to require this water and sewer line be in place prior to the first Cer- tificate of Occupancy of this project being issued, which will meet'the specifications of all regulatory agency approvals. SECTION 4: This Resolution shall become effective imme- diately upon its passage. •PASSED, ADOPTED AND APPROVED this �7 day of 1987. ATTEST: BERNARD HART MAYOR CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. A. RYA T APPL E CITY TTORNEY MAYOR: WART DIST. 1: C/M ROHR .: DIST. 2: C/M STELZER DIST. 3: C/M HOFFMAN DIST. 4: V/M STEIN 2 lJ AGREEMENT (I "R L4_4� - �, I , I I r THIS AGREEMENT entered into this 4Z 7XAL day of May, 1987, by and between ICON DEVELOPMENT CORPORATION, a Florida corporation ("ICON"), and the CITY OF TAMARAC, a Municipal 10 corporation of the State of Florida ("TAMARAC"). W I T N E S S E T H: WHEREAS, ICON is desirous of developing certain property within the City of Tamarac, which encompasses that certain real property which is commonly referred to as "Proposed Phases III through IX", inclusive, of Mission Lake Condominium according to the Declaration of Condominium thereof recorded in Official Records Book 9106, commencing at. Page 549, of the Public Records of Broward County, Florida ("MISSION LAKES"); AND WHEREAS, TAMARAC is likewise desirous of having the MISSION LAKES property developed, substantially in accordance with a Site Plan submitted by ICON to TAMARAC, subject to certain minor revisions which have been agreed upon by the parties; and WHEREAS, in conjunction with the development of the MISSION LAKES property, TAMARAC is desirous of having certain water and sewer lines currently installed within the Mission Lakes property replaced in order to bring the water line into compliance with current Code and to cure certain water intrusion problems with respect to the sewer lane; and WHEREAS, ICON is willing to replace the water and sewer lines within the MISSION LAKES property, as more particularly hereinafter described, on the terms and conditions hereinafter set forth, which terms and conditions are acceptable to, and have been approved by, TAMARAC. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. In consideration for Tamarac's approval of the Site Plan, as described above, and permitting ICON to proceed with its development without the imposition of further require- ments, other than the established routine requirements for issuance of the necessary building permits, ICON shall cause to be installed, within the areas described and indicated on Exhibit "A" and in accordance with current applicable Codes and Ordinances, an 8" ductile iron water main and an 8" PVC sanitary sewer line at the cost and expense of ICON. 2. In consideration for ICON'S agreement to install the above described water and sewer lines, ICON shall receive a credit equal to one-half (1/2) the certified construction cost, incurred in conjunction with the installation of said water and sewer lines, against CIAC fees in accordance with Exhibit "B" hereto. In no event, however, shall the credit contemplated hereby exceed $45,000.00. 3. The estimated cost of construction of the water and sewer lines as contemplated hereby is set forth on Exhibit "C" hereto. 4. The parties have agreed that the water and sewer lines must be installed and completed prior to the issuance of any Certificate of Occupancy with respect to ICON'S development, but the installation and completion of same shall not be a pre- condition to the issuance of Building Permits, it being the intent of the parties that ICON shall be permitted to proceed C� with the construction of its the water and sewer lines schedule as is established by installation is completed Certificates of Occupancy with ICON'S proposed development u up development and the installation of simultaneously, or on such time ICON so long as the water and sewer prior to the application for h respect to all, or any portion of, the MISSION LAKES property. 5. The parties hereto have agreed to cooperate and assist each other, so as to enable ICON to install the water and sewer lines on as economical a basis as is reasonably possible, and so as to result in as little interruption of service, to the properties currently being served by the existing water and sewer lines, and so as to ensure that water will be available for fire protection during the installation of the replacement of water mains. 6. For purposes of this agreement, the term "certified construction cost" shall be deemed to include all costs commonly associated with construction and installation of the type of improvements contemplated hereby including, but not limited to, engineering and design costs, costs of testing, materials, excavation, fill, compacting and the like. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF APPROVED AS TO FORM: 14, 4XY,9 T City Attorney STATE OF FLORIDA ) COUNTY OF PALM BEACH) ICO DEVELOPMENT CORPORATION 11 orida Corporation B MICHAEL A. SCHROEDER As Agent CITY OF TAMARAC A Municipal Corporation of the S tF� BY: t JO N P. KELLY T ity of Manag The foregoing instrument was acknowledged before me this 2 day of May, 1987, by MICHAEL A. SCHROEDER, as Agent for ICON DEVELOPMENT CORPORATION, a Floridaxcorporation, can behalf of said corporation. �7,1 -�y /a STATE OF FLORIDA SS.: COUNTY OF BROWARD NOTARY MX0t9r9T#R r r%h?e of'Fr6rid afParge MY Commission Expires March 19, 1991 Banded thru hucisleberry & A559eiaS_eS The foregoing instrument was acknowledged before me this �'7 day of May, 1987, by JOHN P. KELLY the City Manager of the CITY OF TAMARAC, a Municipal Corporation of the State of Florida, on behalf of said CITY OF TAMARAC. 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