HomeMy WebLinkAboutR-1981-429 F7
RESOLUTION NO . 429
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING WATER AND SANITARY SEWER AGREEMENT
BETWEEN U . S . LEND LEASE , 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REPEALED TO THE EXTENT OF SUCH CONFLICT; AND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 , U. S. LEND LEASE, INC. , a Delaware corporation,
is the Developer of certain property located within the City of
Dania, Florida, as more specifically described in Exhibit "1"
attached hereto ; and
WHEREAS , the said Developer desires the use of municipal
r
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 expend
� in furnishing such water and sanitary sewer services or , partially
in lieu thereof, to construct certain off-site improvements for use
by the City in furnishing such services to the subject property;
' 1
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
I CITY OF DANIA, FLORIDA:
i
. i
Section 1. That that certain Water and Sanitary Sewer Agree-
ment by and between the City of Dania, Florida, and U. S . LEND LEASE ,
INC . , a Delaware corporation, copy of which is attached hereto as
, Exhibit "2" , be and the same is hereby accepted and approved , and
the appropriate City Officials are hereby authorized and directed to
execute same .
i
Section 2 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
i
of such conflict.
Section 3 . That this resolution shall be in force and take
i
effect immediately upon its passage and adoption.
PASSED AND ADOPTED this day of 1982 .
MA OR - COMMISSIONER~
ATTEST : lr
17
i CITY CLERK T AUDI��TOR
1 ,
{ APPROVED FOR FORM AND CORRECTNESS :
By: -� �i G
FRANK C . ADLER, CITY ATTORNEY
i
r
E
r
WATER AND SEWER AGREEMENT
THIS AGREEMENT by and between CITY OF DANIA, a Florida
municipal corporation ("City" ) and U.S. LEND LEASE INC. , a Dela-
ware corporation ("Developer" ) .
WITNESSETH
WHEREAS, Developer is the developer of certain real prop-
ania, Broward county, Florida, the
erty located in the City of D
legal description of which is attached hereto as Exhibit "A"
("Project" ) ; and
WHEREAS, a portion of the Project more specifically de-
scribed in Exhibit "A1" attached hereto ("Phase I Property" ) has
been planned for the construction thereon of 96 residential units
("Units" ) ; and
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 construct certain off-site improve-
ments for use by City in furnishing such water and sanitary sewer
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 Agree-
ment are hereby incorporated into and made a part of this Agree-
ment.
2. Contributions . The parties agree that Developer shall
fund its fair share contributions for the impact of the Phase I
Property upon City's water and sanitary sewer systems by paying
the Charges set forth in Exhibit "B" attached hereto ( "Charges" ) .
i s�
The Charges (which shall include associated acreage charges)
shall be payable 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 Devel-
oper as more fully reflected in Exhibit "C" attached hereto.
City agrees that the Charges are expressly in lieu of Acreage and
Unit Charges assessed for new construction as specified in sec-
tion 27-1 of the Code of Ordinances of the City of Dania; pro-
vided, 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 firm of
Holland & Knight, Attorneys for Developer, Fort Lauderdale,
Florida, the sum of $81,640.00, (charges for the first 96 Units
and acreage connected therewith) , 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 Devel-
oper, with interest payable to Developer under any and all cir-
cumstances .
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 96 Units for which such per-
mits 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 sub-' ect to Developer's completion of the Units within a
period of five years from the date that permits (as described
below) are issued therefor, unless such completion is delayed by
i
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 con-
struction of certain work as specified in Exhibit "C" . The
2
!
amount of payment of the Charges, payment of bonds, or construc-
tion of work shall equal those Charges shown on Exhibit "B" for
Buildings 1, 2 and 3 ($81,640.00) . The City shall guarantee the
i
issuance of building permits for the first 96 Units. Immediately
upon the Developer' s filing with City plans and specifications
which conform with the requirements of City and any other appli-
cable building codes and other applicable City Ordinances, City
shall issue all necessary permits for the construction of 96
Units on the Phase I Property.
4. Construction by Developer.
A. Developer agrees that it shall construct each of
the improvements described in Exhibit "C" attached hereto ( "Im-
provements") 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
1 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 permis-
sion as may be necessary or convenient to Developer' s construc-
tion of the Improvements. All required easements necessary for
installation of water and sewer facilities shall be obtained by
the 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
i
Exhibit "C" are merely estimates for purposes of conveniently de-
termining 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,
3
I
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. Any portion of such credit
unapplied to the Charges for water and sewer shall be applied
against any future charges which may be assessed for the water
and sewer impact upon City of any further development of the
Project. Developer's right to receive such credit shall run with
title to the Project, and Developer shall have the right to
assign such credit to any future owner(s) of the Project, within
five (5) years of the date of execution of this Agreement. In
the event the fees for this Agreement set forth herein exceed the
i
cost of off-site facilities, such excess shall be paid by the
i
escrow agent to the City of Dania upon completion of the off-site
improvements covered by this Agreement.
D. At such time as the Improvements have been com-
pleted and the City has provided the Developer,with all appropri-
ate 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
„j 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 main-
taining the Improvements.
5. Additional Construction by Developer. Developer shall
be entitled to construct a temporary sanitary sewage pump station
l
and temporary force main, and utilize the existing eight inch
water main near Southeast loth Street and Southeast 5th Street in
i
the City of Dania, which construction and use shall service the
first 96 Units on the Phase I Property. Such construction and
i
use shall be at the expense of Developer and shall not be deduct-
ible from the Charges.
4
...............
6. Service By City. City agrees that it shall connect the
Improvements to the central water and sanitary sewage facilities
Of City in accordance with the terms and intent of this Agree-
ment. Such connection shall at all times be in accordance 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
Phase I Property in consideration of the obligation created
hereby which binds Developer or its successors in interest to the
Phase I Property to pay to City the monthly charges for water and
i
! sanitary sewer services as may, from time to time, be established
and in effect for users within the City of such services.
7. 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 requested, postage prepaid, addressed to the
party or person to whom notice is to be given, at the following
• addresses:
To City Richard Marant
City Manager
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004
With a Copy to:
Frank Adler, Esquire
Adler Tolar & Adler
City Attorney
City of Dania
301 Bayview Building
1040 Bayview Drive
Fort Lauderdale, Florida 33304
a To Developer U.S . LEND LEASE INC.
P.O. Box 477
Dania, Florida 33004
I
i
i
With a Copy to:
Stephen B. Moss, Esquire
Holland & Knight
One Corporate Plaza
110 East Broward Blvd.
Fort Lauderdale, Florida 33301
S '�1
I
8. 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.
9. 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.
10. Governing Law. This Agreement shall be governed in its
enforcement, construction and interpretation by the laws of the
State of Florida.
11 . Successors and Assigns. This Agreement shall be bind-
ing 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.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates set forth below.
Signed, sealed and delivered U.S. LEND LEASE INC. , a
in the presence of: Delaware Corporation (SEAL)
/ By
Dated: ,
CITY OF DANIA, 0 Florida
;municipal cor ,6rati n (SEAL)
ATTEST: p
/ y:
John Bertino
Wanda Mc-likin Mayor-Commissioner
City Clerk-Auditor
�I�l(IVw'
By.
Richard Marant
City Manager
Dated:
j 6-2297-X
1/12/82 I
6 J
j
iWritten : li3>
;necked :
EXHIBIT "A" 1Z zJ �/
Date :
LEGAL DESCRIPTION
Job No. : 2074
STATE OF FLORIDA
BROWARD COUNTY
CITY OF DANIA
OVERALL DANIA SITE-WATERMARK PROJECT
i
A portion of Section 2 , Township 51 South, Range 42 East , Dania ,
Broti.ard County, Florida, described as follows :
The N. E. 1/4 of the N. W. 1/4 of the S.W. 1/4 of said Section 2 ; and
the S 1/2 of the N.W. 1/4 of the S.W. 1/4 of said Section 2 , less
the {Pest 35 feet thereof-, and the N 1/2 of the S.W. 1/4 of the S.W.
1/4 of said Section 2 , less the West 35 feet thereof; and the E 1/2
of the S.E. 1/4 of the S. W. 1/4 of the S.W. 1/4 of said Section 2 ,
less the South 50 feet thereof; and the West 239. 50 feet of the S.W.
1/4 of the N. E. 1/4 of the S.W. 1/4 of said Section 2 ; and the West
239. 50 feet of the S.E. 1/4 of the S.W. 1/4 of said Section 2 , less
the South 50 feet thereof; and containing 66. 835 acres , more or less.
I
i
i
i
i
I w�
i
2 u�r
j . .
!1
Exhibit for Dania Water Sewer
9
Agreement .
1
i
J
F-7
k,n. e
EXHIBIT "A1" :eked : a g �
LEGAL DESCRIPTION Date:
Job No. : 2074
STATE OF FLORIDA
BROB'ARD COUNTY
CITY OF DANIA
A parcel of land lying, being and situate in the Southwest 1/4 of
Section 2 , Township 51 South, Range 42 East, Dania, Broward County,
Florida, being more particularly described as follows :
CONDIENCE at the Southwest corner of said Section 2 , thence run N 00°
07110" E, along the West line of said Section 2 , a distance of 678. 79
feet to the Southwest corner of the North 1/2 of Southwest 1/4 of
Southwest 1/4 ; thence .run N 89°49150" E , along the South line of said
North 1/2 of Southwest 1/4 of Southwest 1/4 a distance of 53. 00 feet
to the intersection of the (proposed) East right-of-way line of S. E.
Sth Ave. , and the POINT OF BEGINNING of the hereinafter described
parcel : Thence run N 00°07 ' 10" E , along said (proposed) East right-
of-way line of S. E. Sth Ave. , being 53. 00 feet East of, as measured
at right angles thereto, and parallel with said West line of Section
2, a distance of 962. 20 feet ; thence run S 89°52150" E a distance of
' 26. 50 feet ; thence run S 57°57100" E a distance of 313 . 07 feet ; thence
run N 85°20 ' 00" E a distance of 167. 10 feet ; thence run S 24°06148" E
k a distance of 377. 57 feet ; thence run N 86°02 ' 19" IV a distance of
149. 78 feet ; thence run S 25°36126" IV a distance of 307. 31 feet ; thence
run N 89°52150" IV a distance of 230. 00 feet ; thence run S 00*07110" W
a distance of 193 . 39 feet ; thence run S 89°49150" IV a distance of 102 . 00
feet to the POINT OF BEGINNING, containing a total of 7. 60 acres, more
or less .
I -
i
i
j9
i
1
I
J
I'
1
1
EXHIBIT B
WATER & SEWER ACREAGE AND CONNECTION CHARGES
WATERMARK - PHASE 1
Bldg. No. Acreage Units Combined Acreage Combined Connect-
charge ($4 ,300 .00/ tion charges
Acre) ($510 .00/Unit)
1 1.50 48 $ 6,450 .00 $24 ,480 .00
2 4 .50 24 19,350 .00 12,240 .00
3 1.60 24 6,880 .00 12,240 .00
i —
i
TOTAL 7. 60 96 $32, 680 .00 $48 ,960 .00
$81,640.00
1
i
I
i
i
1
I
i
i
I
1
i I
1 � '
EXHIBIT C
IMPROVEMENT COST TO BE CREDITED TOWARD
THE ACREAGE AND CONNECTION CHARGES
I
I. 12" 0 Watermain ** (S.E. 3rd St. to Project Entrance, S .E. 5th Ave.)
3800 L.F. at $30.00 = $114 ,000 x 1.20* _ $136, 800.00
II. Gravity Sewer** (Project Entrance, S.E. 5th Ave. , to Pumping Station)
900 L.F. at $55.00 = 49,500 .00 x 1.20* $ 59,400.00
III. Pumping Station **
1 LS at $110,000.00 = 110,000. 00 x 1.20* _ $132,000 .00
$328,200 .00
.A
i
1
I
i
i
� .. * 10% Contingency
10% Engineering Fee
** To be completed prior to the issuance of the 97th
Certificate of Occupancy.
't
144 IV
i
1
r
1
B
i
I
I I �
>J