HomeMy WebLinkAboutR-1988-064 a
RESOLUTION NO. 64-88
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE THE ADDENDUM TO WATER AND SEWER
AGREEMENT BETWEEN THE CITY OF DANIA AND
DESIGN CENTER OF THE AMERICAS LIMITED
PARTNERSHIP; 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BE REPEALED TO THE EXTENT OF SUCH CONFLICT;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, the City Commission, City Manager and City Attorney
of the City of Dania , Florida , have reviewed the attached form of
Agreement and find it to be appropriate to the needs of the City
of Dania .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the City Commisison of the City of Dania ,
Florida, does hereby approve the Addendum to Water and Sewer
Agreement between the City and Design Center of the Americas
Limited Partnership, a copy of which is attached hereto and made
a part hereof as Exhibit "A" .
Section 2. That the Mayor-Commissioner, City Manager and
City Clerk-Auditor are hereby authorized and directed to
forthwith execute said Agreement on behalf of the City of Dania,
Florida .
Section 3 . That all resolutions or parts of resolutions in
conflict herewith be repealed to the extent of such conflict .
Section 4 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED on the 13 day of. December , 1988.
MAYOR -' _COMM SIONER
ATTEST:
CITY CLERK-AUDITOR
r APPROVED FOR FORM AND CORRECTNESS
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Frank C. Adler, CITY ATTORNEY
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Resolution No. 64-88
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ADDENDUM TO WATER AND SEWER AGREEMENT
THIS ADDENDUM TO WATER AND SEWER AGREEMENT by
and between CITY OF DANIA, a Florida municipal corporation
( "CITY" ) , and DESIGN CENTER OF THE AMERICAS LIMITED
PARTNERSHIP, a Michigan limited partnership, authorized to
do business in the State of Florida ( "DEVELOPER" ) .
W I T N E S S E T H:
WHEREAS, the CITY and Marvin I . Danto and Betty
J. Danto entered into a Water and Sewer Agreement on August
24, 1983 (the "Agreement" ) , relating to certain real property
located in the City of Dania , Broward County, Florida , the
legal description of which is attached hereto as Exhibit
"A" (the "Property" ) ; and
WHEREAS , the DEVELOPER is the successor-in-title
to a portion of the Property, said portion being described
in Exhibit "B" attached hereto (the "Design Center Property" ) ;
and
WHEREAS , the DEVELOPER has completed the first
two ( 2) phases of the proposed development of the Design
-_� Center Property, thereby utilizing a portion of the 285. 71
ERCs (Equivalent Residential Connections ) assigned to such
development by the Agreement; and
WHEREAS, the DEVELOPER has a right under the
Agreement to reserve the remaining ERCs necessary to complete
development of the Design Center Property by paying for such
remaining ERCs at the current prevailing rate of $739 . 00
per ERC; and
WHEREAS, the DEVELOPER and CITY desire to amend
that provision of the Agreement relating to the DEVELOPER' s
right to reserve the remaining ERCs necessary to complete
development of the Design Center Property; NOW, THEREFORE,
IN CONSIDERATION of Ten ( $10. 00) Dollars and other
valuable consideration, the adequacy and receipt of which
are hereby acknowledged by the CITY, the parties agree as J
follows:
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1 . Notwithstanding Paragraph 3B of the Agreement,
the CITY shall reserve 143 ERCs of water and sanitary sewer
capacity in the CITY' s water and sanitary sewer system for
the DEVELOPER, its successors or assigns, to complete
development of the Design Center Property. Such reservation
shall be subject to the following conditions :
(a) DEVELOPER shall pay to the CITY in cash the
amount of FIFTY TWO THOUSAND EIGHT HUNDRED THIRTY EIGHT AND
50/100 DOLLARS ( $52, 838 .50) prior to February 1 , 1989 . This
amount shall reserve 71. 5 ERCs for the development of the
Design Center Property.
(b) The DEVELOPER shall pay the CITY for each
ERC utilized for development of the Design Center Property
in addition to the 71 . 5 ERCs reserved under Subparagraph
l (a ) above, subject to the following conditions :
( 1 ) The number of such additional ERCs shall
not exceed 71 . 5 .
( 2 ) The DEVELOPER shall pay the CITY for
such additional ERCs at the rate per ERC prevailing at the
time of payment .
( 3 ) The DEVELOPER shall pay for such
additional ERCs as they are utilized, but no later than
one-hundred twenty ( 120) days following the issuance of a
certificate of occupancy for a buildirg on the Design Center
Property which utilizes the last of the 71. 5 ERCs reserved
under Subparagraph l (a ) above.
( c) All ERCs reserved pursuant to this Paragraph
1 shall be forfeited if not utilized on or before January
1, 1997 . For purposes of this Paragraph 1 , an ERC shall
be deemed utilized upon the issuance of a building permit .
2 . The Agreement, as modified by this Addendum,
shall remain in full force and effect .
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IN WITNESS WHEREOF, the parties have executed
this Agreement on the date set forth below.
CITY
ATTEST: CITY OF DANIA, a Florida
municipal corporation
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'Wanda Mullikin C. McE a
City Clerk G
By:
Robert Flatley
City Manager
Dated :
Approved for form and
correctness :
Frank C. Adler
City Attorney
STATE OF FLORIDA )
ss . :
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally
appeared C. K. McElyea and Wanda Mullikin , Mayor and City
Clerk, respectively, signing this Addendum to Water and Sewer
Agreement and they acknowledged to me that they executed
the foregoing for the purposes expressed therein.
WITNESS my hand and official seal in the County
and State last aforesaid this S day of
NOTARY PUBLIC
My Commission Expires:
Notary h*k Etas d Ronda at Lame
My Commission Expires March 1, 1992 DEVELOPER
Bonded Thru General Ins. Underwriter
WITNESSES :
DESIGN CENTER OF THE AhfERICAS
LIMITED
B y:
Dated: _ /1�1� F
3 - I
STATE OF
ss. :
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 Alil't Vjtj 1-• 1)ANTo as 66c7,L—alg1- A-KrQ'g�
of DESIGN CENTER OF THE AMERICAS LIMITED PARTNERSHIP, and
j he/she acknowledged before me that he/she executed the
foregoing Addendum to Water and Sewer Agreement.
WITNESS my hand and official seal in the County
and State last aforesaid this day of
�FLErilr;Lr 1988 .
NOTARY PUBLIC"
My Commission Expires: U
1M `
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--w•_f� EXHIBIT A
LEGAL DESCRIPTION
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.pESIGN CENTER OF THE Ar1ERIC;,S
A parcel of land lying in a portion of the East one-half (F 112) of t!,e Nortl!,�Ost
one-quarter (N.W. 1/4) of Section 33, Township 50 South , Ran,e 42 East ieica _,ore
particularly described as follows :
Cox:IENCE at the northeast corner of the Northwest 1 /4 of said Section 33; thence
South 01 °20' 33" East along the East line of said Northwest 1 /4 , a distance of 67.56
feet to a point on the Southerly right-of-way line of GRIFFIN ROAD as described in
O.R. Book 9455 , Page 70, of the Public Records of Broward County, Florida , said
point also being the POINT OF BEGINNING; thence continue South 01 °20'33" East, alone
said Northwest 1 /4 line and the West lines of "HOLLYNOOD PALMS" plat and "RE-ANE;„DEC
PLAT OF HOLLYWOOD PALMS" , Tract "A" plat, according to the plats thereof as recorded
in Plat Books 10 and 36 , Pages 65 and 46 respectively of the Public Records of
Broward County, Florida , a distance of 2613.96 feet to the center of said Section
33 and a point on the North line of "TIGERTAIL GROVE RESUBDIVISICIJ" , according to
the plat thereof as recorded in Plat Book 30, Page 20 of said Broviard County Records ;
thence South 87o47 '48" I-lest, along the aforementioned North plat line and the' South
line of the Northwest one-quarter of said Section 33, a distance of 569.C4 feet to
a point on the Easterly limited access right-of-way line of Interstate 95 ( State
Road No. 9) as shown on D.O.T. map section 86070-2403; thence North 03°54' 37"'west
along the aforementioned right-of-way line , a distance of 233.13 feet to a point
on the arc of a tangent curve to the left, concave to the South:iest; thence ',orth-
erly and Northwesterly along the arc of said curve , and the aforementioned of-way line,line, an arc distance of (having a radius of 5929.65 feet and a central angle
of 10°36' 26") 1097. 76 feet to a point of tangency; thence North 14°.31 '03" ',lest,
along the aforementioned right-of-way line , a distance of 778.32 feet; thence %r•th
09e49' 17" West, along the aforementioned right-of-way line, a distance of 410.03
feet; thence North 87a47' 38" East, a distance of 185.51 feet; thence along a nor.-
radially extended line. (radial bearing bears North 02a37' 15" West) North 02°12 '22"
West, a distance of 133:75 feet to a point on the arc of a non-tangent curve to the
right, concave to the South, and a point on the Southerly right-of-way line of said
GRIFFIN ROAD; thence Easterly along the arc of said curve and the aforementioned
Southerly right-of-way line an arc distance of (having a radius of 2238.83 feet and
a central angle of 00°24'53" ) 16.20 feet to a point of tangency; thence North 87'
47' 38" East, along said Southerly right-of-way line, a distance of 673.41 feet to
a point on the arc of a tangent curve to the right, concave to the South; thence
Easterly along the arc of said curve and said Southerly right-of-way line an arc
distance of (having a radius of 563.96 feet and a central angle of 09o36'11 ") 94.52
feet to the POINT OF BEGINNING.
Said land lying in the City of Dania, Broward County, Florida and containing 44.4192
acres more or less.
SURVEY FOR, Exhibit for Dania Water and Sewer Agreement �1
I hereby certify that the
E7 L1 �attached sketch represents n
a recent survey made under MID SOUTH ENGINEERING COMP4.4y
my direction, and Is true and correct to the best of Consu Ming Engineers, Surveyors, Plan.,Jrs
my knowledge and beliefs,
and that there ari no en-
croachments an said land 2901—A North `vest 62nd Street
other tnan are shown hereon, Fort Lauderdale. Florida 33300
Fla. Reg. 'Surveyor No. DATE F.B.NO. CRAWN BY CHECKED By JOB NO.
12-7-Rz nF z3�1z
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FROM DRNTO INVESTMENT
11 . 1 . 1?A3 17: 41 P.
EESCRTTIO�
NA PARCEL ORTHWEST F THE
Of LAQUARTERG (NW 1 /4oROT IF SECTION 33 N OF THE EAST TOWNSHIAP F50E SOUTH ,ORANGE
42 EAST * BEING DESCRIBED AS FOLLOWS :
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-OUARTER (NW 1 / 4 )
OF SAID SECTION 33 : THENCE SOUTH O1 ' 20A 33 DISTANCE OF0 EAST O700 26NG EFEETTFORNA
OF SAID NORTHWEST ONE-QUARTER (NW 1 /4 ) , ALONG SAID
�1 POINT OF BEGINNING; THENCE CONTINUE SOUTH 01 20 33 EAST ,
NORTHWEST ONEQUARTER (NW 1 /4 ) LINE AND THE WEST LINES Of "HOLLYWOOD
PALMS" PLAT AND 'RE-AMENDED PLAT OF HOLLYWOOD PALMS' , TRACT "A" ,
ACCORDING TO THE PLATS THEREOF AS RECORDED IN PLAT BOOK 10 AND 36 ,
F THE PUBLIC RECORDS OF
PAGES 65 AND 46 RESPECTIVELY O BROWARD COUNTY ,
FLORIDA, A DISTANCE OF 1951 .06 FEET TO THE CENTER OF $AID SECTION 311
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AND A POINT ON THE NORTH LINE OF •TIGER-TAIL GROVE RESUBDIVIS PAGE 20NOF
ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 30 ,
SAID BROWARD COUNTY RECORDS ; THENCE SOUTH $7. 461 58 WEST , ALONG THE
AFOREMENTIONED NORTH PLAT LINE AND THE SOUTH LINE OF THE NORTHWEST
ONE-QUARTER (NW 1 /4 ) OF SAID SECTION 33 , A DISTANCE OF 569 . 59 FEET TO A
•.,..i" POINT ON THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INTERSTATE 95
( STATE ROAD NO. 9 ) AS SHOWN ON D .O.T . MAP SECTION 86010-2403 ; THENCE
NORTH 03 ' 541 7 " WEST, ALONG THE AFOREMENTIONED RIGHT-OF-WAY LINE ,THE
A
N THE ARC DISTANCE OF 232 . 82 FEET TO A POINT OHENCE NORTHERLY A AND TNORTHWESO
3 TER0
LEFT , CONCAVE TO THE SOUTHWEST ; LINE
THE ARC OF
DISTANCE OFS (HA AIRADDIUSHNT E
OF 5929 65 FI ET ANDI AHCENT ALYANGLE
AN
OF RC 361 26' ) 1091 . 76 FEET TO A POINT OF TANGENCY; THENCELINEA DIST NORTH 144
OF
311 03" WEST , ALONG THE AFOREMENTIONED RIGHT-OF
699 .45 FEET ; THENCE NORTH 88 39 27 EAST , A D STANCE �OF 887 .22 FEE'
, TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF DANIA , BROWARD
COUNTY, FLORIDA, AN(
CONTAINING 31 .38 ACRES , MORE OR LESS -
EXHIBIT NO.-