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HomeMy WebLinkAboutR-1982-438 RESOLUTION NO . 438 4 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING WATER AND SANITARY SEWER AGREEMENT I BETWEEN MOTEL 6 , INC. AND CITY OF DANIA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , MOTEL 6, INC. , a Delaware corporation, is the Developer of certain property located within the City of Dania, Florida, as more specifically described in Exhibit "l" attached hereto; and WHEREAS , the said Developer desires the use of municipal water and sanitary sewer services of the City of Dania, Florida; and WHEREAS , the said Developer agrees to pay its fair share of the costs and capital expenditures which the City is required to a expend in furnishing such water and sanitary sewer services , or , partially in lieu thereof, to construct certain off-site improve- ments for use by the City in furnishing such services to the subject property; lvn NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain Water and Sewer Agreement by and between the City of Dania , Florida , and Motel 6 , Inc. , a Dela- ware corporation, copy of which is attached hereto as Exhibit "1" , be and the same is hereby accepted and approved, and the appropriate City Officials are hereby authorized and directed to execute same. Section 2• That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . i Section 3. That this resolutions shall be in force and take effect immediately upon its passage and adoption! ) PASSED AND ADOPTED on this 26th day of"January,- 19 GG �� YOR - CO MISSIONER ATTEST : CITY CLE K - AUDITOR I APPROVED FOR AAFORM ANNDD CORRECTNESS : J By: ` • .0 FRANK C. ADLER, City Attorney j WATER AND SEWER AGREEMENT THIS AGREEMENT by and between CITY OF DANIA, a Florida municipal corporation ("City") and MOTEL 6 , INC. , a Delaware corporation ("Developer") . WITNESSETH WHEREAS, Developer is the owner of certain real property located in the City of Dania, Broward County, Florida, the legal description of which is attached hereto as Exhibit "A" ( "Project") ; and which has been planned for the construction thereon of 100 equivalent residential connections (ERCs) . WHEREAS, the parties agree that the construction of the Units will have an impact and resulting consequences upon the existing capacity of City' s municipal water and sanitary sewer systems; and WHEREAS, Developer has agreed to pay its fair share of the costs and capital expenditures which the City is required to expend in furnishing such water and sanitary sewer services or, partially in lieu thereof, to construction certain off-site improve- ments for use by City in furnishing such water and sanitary sewer �r- services. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the » • parties hereto agree as follows: TERMS 1. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into and made a part of this Agreement. 2. Contributions. The parties agree that Developer shall fund its fair share contributions for the impact of the Property upon City ' s water and sanitary sewer systems by paying the Charges set forth in Exhibit "B" attached hereto ("Charges") . The Charges (which shall include associated acreage charges) shall be payable i upon signing of this Agreement; provided, however, that Developer shall be entitled to off-set against the Charges any unapplied credit for certain work performed by Developer as more fully reflected in Exhibit "C" attached hereto. City agrees that the Charges are expressly in lieu of Acreage and Unit Charges assessed IEXHIBIT "1" L� for new construction as specified in Section 27-1 of the Code of Ordinances of the City of Dania; provided, however, that Developer shall be obligated to pay for all other charges as may be required by virtue of City's ordinances. Developer may, in lieu of payment to the City of Charges set forth in Exhibit "B" , place in escrow, with the Law Offices of A.J. Ryan, Jr. , the sum of Sixty Seven Thousand Eight Hundred and Thirteen Dollars ($67, 813.00) from which funds may be with- drawn for the construction of permanent off-site water and sewer facilities upon approval of said facilities by Developer's Engi- neer and City's Engineer. Said funds may be placed in an interest- bearing account by escrow agent as designated by Developer, with interest payable to Developer under any and all circumstances. The City guarantees that the payment of said Charges shall reserve and conclusively entitle Developer to water and sanitary sewer services with respect to the 100 equivalent residential connections for which such permits were issued; provided, however, that such reservation and entitlement are subject to actions of ! governmental authorities other than City of Dania which exercise jurisdiction over City' s water and sanitary sewer services. Further, such reservations are subject to Developer's completion of the Project within a period of five years from the date that permits (as described below) are issued therefor, unless such • completion is delayed by strikes, shortages of labor and/or' - materials, or acts of God. 3 . Permits. The Developer shall provide for the payment of Charges , the payment of any related bonds, and/or the construction of certain work as specified in Exhibit "C" . The amount of payment of the Charges, payment of bonds, or construction of work shall equal those Charges shown on Exhibit "B" for the Project ($67 ,813.00) . The City shall guarantee the issuance of building permits for the 100 equivalent residential connections. Immediately upon the Developer's filing with City plans and specifications which conform with the requirements of City and any other applicable building i codes and other applicable City Ordinances, City shall issue all -2- _. I i necessary permits for the construction of 100 equivalent residen- tial connections on the Property. -� 4 . Construction by Developer. A. Developer agrees that it shall construct each of the improvements described in Exhibit "C" attached hereto ("Improve- ments") in accordance with the time schedule also set forth in Exhibit "C". All such construction shall be in accordance with plans and specifications for the Improvements prepared and sealed by a professional engineer registered in the State of Florida. No construction of the Improvements shall be commenced until City has approved in writing such plans and specifications pursuant to applicable ordinances of City of Dania. B. Developer shall only be obligated to construct the Improvements in existing rights-of-way or on public property which is subject to the jurisdiction of, or owned by, City. In this regard, City shall grant such approvals, permits and permission as may be necessary or convenient to Developer's construction of the Improvements . All required easements necessary for install- ation of water and sewer facilities shall be obtained by the w Developer prior to issuance of a permit by the City of Dania. C. Notwithstanding anything in this Agreement to the contrary, the values of each of the Improvements as set forth in Exhibit "C" are merely estimates for purposes of conveniently determining what construction costs may be applied toward Charges. As used herein, "value of the Improvements" shall mean and refer - to the actual costs of constructing the Improvements, including expenditures for engineering and rights-of-way and easements that may be required if the cost of same is first approved by City, such approval not to be unreasonably withheld. Developer shall provide City with invoices that substantiate such actual costs. Developer shall be entitled to a credit for the value of the Improvements, which credit shall be applied against the Charges for water and sewer as and when same become due and payable in accordance with this Agreement. In the event the fees for this Agreement set forth herein exceed the cost of off-site facilities, such excess shall be paid by the escrow agent to the City of Dania J -3- I upon completion of the off-site improvements P covered by this Agreement. D. At such time as the Improvements have been completed and the City has provided the Developer with all appropriate credits, all of Developer' s right, title and interest in and to the Improvements and any easements necessary for the operation and maintenance of said Improvements shall forthwith be conveyed to City, together with any other fees set forth under Paragraph C above. As further evidence of said conveyance, Developer shall deliver to City a bill-of-sale in form satisfactory to City with respect to the Improvements . Upon such conveyance, City shall assume the responsibility for continuously operating and maintaining the Improvements. 5. Service By City. City agrees that it shall connect the Improvements to the central water and sanitary sewage faci- lities of City in accordance with the terms and intent of this } Agreement. Such connection shall at all times be in accordance i with the rules , regulations and orders of any governmental agency or department exercising jurisdiction thereof. City further agrees that it shall furnish water and sanitary sewer service to the Property in consideration of the obligation created hereby which binds Developer or its successors in title to the Property to pay to City the-monthly charges for water and sanitary sewer services as may, from time to time, be established and in effect for users within the City of such services . 6 . Notice. All notices required or allowed by this Agree- ment shall be deemed given when delivered in person or deposited with the United States Mail Service by registered or certified mail , return receipt requdsted , postage prepaid, addressed to r' j the party or person to whom notice is to be given, at the following addresses; I 5� -4- +11 J i To City Richard Marant City Manager City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 E i With a Copy to: Frank Alder, Esquire Adler Tolar & Adler City Attorney City of Dania 301 Bayview Building 1040 Bayview Drive Fort Lauderdale, Florida 33304 1 To Developer Robert H. Crowell Senior Vice President Construction and Engineering Motel 6, Inc. 51 Hitchcock Way Santa Barbara, California 93105 With a Copy to: Archie Ryan, III , Esquire 700 East Dania Beach Boulevard Dania, Florida 33004 �. 7. Captions. The captions of this Agreement are for convenience and reference only, and in no way define, describe, extend or limit the scope or intent of this Agreement. 8. Attorneys' Fees. In connection with any litigation ' regarding this Agreement, the prevailing party shall be entitled to recover costs expended in such litigation and reasonable attorneys' fees. 9. Governing Law. This Agreement shall be governed in its enforce:-:ent, construction and interpretation by the laws of the 1 1 State of Florida. 10. Successors and Assigns. This Agreement shall be binding l upon and inure to the benefit of the respective parties hereto and their respective successors and assigns, for a period of five (5) years from the date of execution of this Agreement. I � -5- i J IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. _ ROVED Signed, sealed and delivered MOTEL 6, INC. _ ke resen a of: BY- BY- �� aii James A. Lucas, President 0 Y• /�' BY: Robert H. Crowell , P.E. , Sr. Vice Pres. ,Constr/Eng. CITY OF DANIA, a orida municipal c ion ATTEST: Y: John Berths May -Commissio/n-er, Wanda Mullikin i City Clerk-Auditor BY: Richard Marant City Manager i q Dated : j t-v 7 v i i 6-2297-X 1/12/82 -6- J i 3 EXHIBIT "A" LEGAL DESCRIPTION Description of Property PARCEL "A" LESS the west 30 feet thereof, of RODDY DANIA PLAT No. 1 , according to the Plat thereof recorded in Plat Book 102, at page 26 , of the Public Records of Broward County, Florida. 1A i 1{ i 3 l 1 r _ EXHIBIT B WATER & SEWER ACREAGE AND CONNECTION CHARGES Projected Usage 162 Motel Units @ 200 gpd/room = 32,400 gpd 1 Manager Apt. @ 350 gpd = 350 1 Pool Make-up Water @ 200 gpd = 200 1 Laundry Facil. @2050 gpd = 2050 35 ,000 gpd estimate usa4 35p00 100 Equivalent Residential Connections Unit Charges: Water Sewer Water 100 X $180.00 $18,000.00 Sewer 100 X $330.00 $33 ,000. 00 Acreage Charges: Water 3 . 91 X $1400. 00 $ 5,474 . 00 Sewer 3. 91 X $2900. 00 $11 ,339 . 00 $23 ,474 . 00 $44 ,339 . 00 j Total $67 ,813. 00 r h.J; 1 y i 1 I i EXHIBIT C IMPROVEMENT COST TO BE CREDITED TOWARD THE ACREAGE AND CONNECTION CHARGES J 570 LF PVC San. Sewer 8 ' -10 ' cut @ $ 50 . 00/LF $28,500 . 00 j 4 Manholes 4 '0 8 ' -10 , cut @ 1200 . 00 EA 4,800.00 1� I 680 LF 12" PVC Watermain @ 25. 00/LF 17,000 . 00 j560 LF 8" PVC Watermain @ 18.00/LF 10,080.00 I 2 Fire Hydrants incl.valve & Tee @ 1500. 00 EA 3 ,000.00 2 12" Gate Valves & Boxes @ 800. O0 EA 1,600. 00 1 8" Gate Valve & Box @ 600.00 EA 600.00 1 Group Misc. C.I . Ftgs @ 1500.00 L.S. 1,500.00 Sub Total $67 ,080.00 15% Conting. ,Engr , legal 10 , 062. 00 $77,142. 00 Estimated Total TIME SCHEDULE FOR COMPLETION ENTIRE PROJECT TO BE COMPLETED WITHIN 270 DAYS FROM BEGINNING OF CONSTRUCTION. Ll