HomeMy WebLinkAboutR-1983-023 09
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RESOLUTION NO . 23
A RESOLUTION OF THE CITY OF THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA, APPROVING THE
WATER AGREEMENT BETWEEN THE CITY OF DANIA AND
LANCASTER STEEL CO . , INC . , AND AUTHORIZING AND
DIRECTING THE EXECUTION OF SAME BY THE APPRO-
PRIATE CITY OFFICIALS ; AND PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CON-
FLICT; AND PROVIDING THAT THIS RESOLUTION SHALL
BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS
PASSAGE AND ADOPTION.
BE IT RESOLVED BY THE CITY COMMISSION OF' THE CITY OF DANIA,
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FLORIDA:
Section 1 . That certain Water Agreement by and between the
City of Dania and Lancaster Steel Co. , Inc. , a true photocopy of
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which is attached hereto as "Exhibit A" , be and the same is hereby
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accepted and approved; and, the Mayor-Commission, City Manager and
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City Clerk-Auditor be and they are hereby directed to execute the
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same on behalf of the City.
Section 2. That all resolutions or parts of resolutions in
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conflict herewith be and the same are hereby repealed to the extent
3 of such conflict .
i, Section 3 . That this Resolution shall be in force and take
i effect immediately upon its passage and adoption.
PASSED AND ADOPTED this 12th day of April , 1983 .
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f MAYOR-COMMISSIONER
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I ATTEST:
= CITY CL -AUDITOR
APPROVED FOR FORM AND CORRECTNESS :
By :
FRANK C. ADLER, City Attorney
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WATER AGREEMENT 1
THIS AGREEMENT by and between CITY OF DANIA, a Florida
municipal corporation , hereinafter called "City" and LANCASTER
STEEL CO. , INC. , a corporation, hereinafter called
"Developer".
WITNESSETH
WHEREAS , Developer is the owner of that certain parcel of
real property legally described as :
Parcel "A" of SEA-AIRE NO. 4 , according to
the plat thereof recorded in Plat Book 100 ,
Page 37 , of the Public Records of Broward
County , Florida ; and
WHEREAS , Developer has planned for the construction of a
steel warehouse and assembly plant on 3 . 85 acres of said Parcel "A" ,
the square footage of which, when extrapolated, results in Sixteen
( 16) Equivalent Residential Connections (16 ERC ' s) ; and
WHEREAS , the parties agree that the construction of the
{ planned facilities will have an impact and resulting, consequence
{ upon the existing capacity of the City' s water system; and
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WHEREAS , Developer has agreed to pay its fair share of costs
and capital expenditures which City is required to expend in fur-
nishing such water services.
NOW, THEREFORE , in consideration of the foregoing , the mutual
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covenants contained herein and other good and valuable consideration,
the adequacy and receipt of which are hereby acknowledged, the parties
hereto agree as follows :
1 . That the above recitals are hereby incorporated into and
made a part of this Agreement .
2 . Developer shall pay its fair share contributions for the
impact of the planned facility upon the City 's water system by pay-
ing the following charges :
(a) Acreage Charge
3 . 85 Acres @ $1 ,400 . 00 per acre $5 ,390 . 00
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(b) Unit Charges
16 ERC ' s @ $180. 00 per ERC $2 ,880 . 00
Total Payment $8, 270. 00
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which said charges the Developer finds to be reasonable and just
and which Developer agrees to freely and voluntarily pay without
Protest of any kind or nature and regardless of any past , present
or future court decisions as to the validity of same. The Developer
by its execution of this Agreement expressly waives any and all
rights of refund of such payments . It is fully understood by Devel-
oper that it shall also be obligated to pay all other charges as may
be required by virtue of City ordinances and that this Agreement
applies only to the within stated impact fees for water service .
3 . The City guarantees that the payment of said agreed
charges by Developer shall reserve and conclusively entitle Developer
to water service with respect to the Sixteen (16) Equivalent Resi-
dential Connections , and that the issuance of building permits are
guaranteed upon Developer filing with City plans and specifications
iwhich conform with the requirements of City and other applicable
building codes and other applicable City ordinances .
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4 . This Agreement shall be binding upon and inure to the
benefit of the respective parties hereto and their respective suc-
cessors and assigns .
IN WITNESS WHEREOF, the parties hereto have executed this
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Agreement on the dates set forth below.
ATTEST : LANCASTER STEEL CO. , INC.
.d .`. By I
Secretary i President
[Corporate Seal ] Dated :- ' ,)I
CITY OF DANIA, a Florida
ATTEST : municipal corporation
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BY
City Clerk-Auditor Mayoi ''C``o,mnmnis :one
B VA4 F----
APPROVED AS TO FORM CORRECTNESS :CORRECTNESS : y
City Manager
By •�
Frank C . Adler, City Attorney Dated :
[Seal ]
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