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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-019TR#13063 February 9, 2018 Page 1 of 6 CITY OF TAMARAC, FLORIDA t` i,t RESOLUTION NO. R-2018- 1` 1 � A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A SECOND AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH MARKETPLACE AT TAMARAC, LLC., FOR THE MARKETPLACE AT TAMARAC, LOCATED AT 6801-6997 W. COMMERCIAL BLVD., REQUIRING A REDUCTION OF 4 ERC'S FOR WATER AND AN INCREASE OF 4 ERC'S FOR SEWER; THE REDUCTION AND INCREASE IN ERC'S WILL MODIFY THE USAGE FOR WATER FROM 25.5 ERC'S TO 21.5 ERC'S AND A 4 ERC CREDIT AND FROM 17.5 ERC'S TO 21.5 ERC'S FOR SEWER; REQUIRING PAYMENT OF $0 FOR WATER AND $8,800.00 FOR SEWER, IN CIAC FEES; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Marketplace at Tamarac, LLC., is the owner of the Marketplace at Tamarac located at 6801-6997 W. Commercial Blvd., (attached hereto in map form as "Exhibit 1 "); and WHEREAS, Marketplace at Tamarac, LLC., have offered a Second Amendment to the Water and Sewer Developer's Agreement (a copy of which is attached hereto as "Exhibit 2") to the City of Tamarac for the Marketplace at Tamarac, as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); and TR#13063 February 9, 2018 Page 2 of 6 WHEREAS, the Second Amendment to the Water and Sewer Developer's Agreement reserves and requires the reduction of 4 ERC's for water and an increase of 4 ERC's for sewer for a combined CIAC fee of $8,800.00 as required by Section 22-189 Code of Ordinances; and WHEREAS, the Second Amendment to the Water and Sewer Developer's Agreement from the Marketplace at Tamarac, LLC., establishes a meter schedule (attached hereto as Exhibit "D") for the Marketplace at Tamarac; and WHEREAS, it is the recommendation of the Director of Public Services that the Second Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and Marketplace at Tamarac, LLC., for the Marketplace at Tamarac be approved and executed; and the payment of the CIAC fees required for the Marketplace at Tamarac be accepted; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to accept and execute a Second Amendment to the Water and Sewer Developer's Agreement with Marketplace at Tamarac., for the Marketplace at TR#13063 February 9, 2018 Page 3 of 6 Tamarac; and WHEREAS, R.K. Development Corp., has requested an Assignment of the Second Amendment to the Water and Sewer Developer's Agreement to Marketplace at Tamarac; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement, the City shall be a party to said Assignment; and WHEREAS, it is the recommendation of the Director of Public Services that the Assignment and the Acceptance to Assignment be approved; and the Acknowledgement of Agreement and Consent to Assignment of the Second Amendment to the Water and Sewer Developer's Agreement between R.K. Development Corp., and Marketplace at Tamarac, LLC., be approved and executed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. TR#13063 February 9, 2018 Page 4 of 6 All exhibits attached hereto and referenced herein are incorporated and made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute a Second Amendment to the Water and Sewer Developer's Agreement, providing a 4 ERC credit for water and a total of 25.5 ERC's for water and total of 21.5 ERC's for sewer, (a copy of which is attached hereto as "Exhibit 2") with Marketplace at Tamarac, LLC., for the Marketplace at Tamarac, located at 6801-6997 W. Commercial Blvd. SECTION 3: The City will collect $8,800.00 in contribution charges prior to the issuance of a final Certificate of Occupancy. SECTION 4: The City of Tamarac hereby approves and accepts the Assignment of the Second Amendment to the Water and Sewer Developer's Agreement executed by Marketplace at Tamarac, LLC., (a copy of which is attached hereto as "Exhibit 3") for the Marketplace at Tamarac, located at 6801-6997 W. Commercial Blvd. SECTION 5: The City of Tamarac hereby approves the Acceptance to Assignment executed by Marketplace at Tamarac, LLC., (a copy of which is attached hereto as "Exhibit 4") . 1 TR#13063 February 9, 2018 Page 5 of 6 SECTION 6: The City of Tamarac hereby approves the Acknowledgement of Agreement and Consent to Assignment of the Second Amendment to the Water and Sewer Developer's Agreement for the Marketplace at Tamarac (a copy of which is attached hereto as "Exhibit 5"), and authorizes the appropriate City Officials to execute said Acknowledgement of Agreement and Consent to Assignment. SECTION 4: The City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ;E day of ATTEST: PATRICIA TEUFTL, CMC CITY CLERK , I HEREBY CERTIFY that I have approved this RESOLUTION as to form. TR#f 13063 February 9, 2018 Page 6 of 6 yZC�/1il 2018. &L&77� ARRY DRESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM BOLTON DIST 2: V/M GOMEZ ' DIST 3: COMM FISHMAN ' DIST 4: COMM PLACKO -�-- n 1 CITY OF TAMARAC PUBLIC SERVICES DEPARTMENT SECOND AMENDMENT TO THE WATER & SEWER DEVELOPER'S AGREEMENT Design By: EJW Date: 1/29/2018 Created By: EJW Date: 1/29/2018 Checked By: Date: EJW Approved By: Date: TR#13063 MARKETPLACE AT TAMARAC Exhibit 1 City of Tamarac, Broward County, Florida Sec. 10, TW R 49, RG E 41 Exhibit 2 TR#13063 SECOND AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: MARKETPLACE AT TAMARAC (Name of Development) This AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 88t" Avenue, Tamarac, Florida 33321, hereafter call "CITY" and the Marketplace at Tamarac, LLC, having an address at 361 N.E. 1671" Street, North Miami Beach. FL 33162, hereinafter called "DEVELOPER". WITNESSETH : WHEREAS, CITY and DEVELOPER entered into a Water and Sewer Developer's Agreement for the property described in Exhibit "A" attached hereto and made a part of on March 9,1989 said agreement recorded in O.R. Book 17041, Page- 0619 of the Public Records of Broward County, and; WHEREAS, the parties desire to modify certain terms contained in that Agreement. The Second Amendment to the Water and Sewer Developer's Agreement establishes a reduction of 4 ERC's (credited to property) for water and an increase of 4 ERC's for sewer. The reduction and increase will modify the usage for water from 25.5 ERC's to 21.5 ERC's and a 4 ERC credit and 17.5 ERC's to 21.5 ERC's for sewer. This change also establishes a new water meter schedule (attached as Exhibit "D"). This new meter schedule will supersede the original schedule and take precedence from this point forward. The new Contribution in Aid of Construction (CIAC) Fees and Equivalent Residential Connections (ERC's) are listed below. The Second Amendment to the Water and Sewer Developer's Agreement shall serve as the Assignment of the Water and Sewer Developer's Agreement from R.K. Development Corp. to the Marketplace at Tamarac, LLC for the Marketplace at Tamarac Project improvements. NOW, THEREFORE, in consideration of the mutual covenant and undertakings of the parties hereto and other good and valuable considerations, the parties hereto covenant and agree as follows: 1. Part II (H) of the Developer's Agreement is amended to read as follows: 1 Second Amendment to Water and Sewer Developer's Agreement Exhibit 2 CONTRIBUTION (WATER) ORIGINAL CONTRIBUTION: 25.5 Non -Residential ERC's @ $1,700.00 per ERC = $ 0 SECOND AMENDMENT CONTRIBUTION: TR#13063 4 Non -Residential ERC USAGE REDUCTION @ $1,700.00 per ERC = $ 0 SUBTOTALS: ERC'S = 21.5 WATER CIAC FEE _ $0 ERC CREDITS: ERC'S = 4 TOTAL WATER CIAC FEE _ $0 TOTAL WATER ERC'S = 25.5 CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: 17.5 Non -Residential ERC's @ $2,200.00 per ERC = $ 0 SECOND AMENDMENT CONTRIBUTION: 5 Non -Residential ERC INCREASE @ $2,200.00 per ERC = $11,000.00 1 Non -Residential ERC USAGE REDUCTION @ $2,200.00 per ERC = $2,200.00 SUBTOTALS: ERC'S = 21.5 SEWER CIAC FEE _ $8,800.00 TOTAL SEWER CIAC FEE _ $8,800.00 TOTAL SEWER ERC'S = 21.5 2 Second Amendment to Water and Sewer Developer's Agreement Exhibit 2 TR#13063 2. Part III (A) of the Developer's Agreement is amended to read as follows: PART III. CITY'S OBLIGATION A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS When, at no cost to CITY, (1) the water distribution and sewage collection systems have been satisfactorily installed, inspected, tested and approved and certified in writing by the DEVELOPER's Engineer, together with the Director of Public Services, or his authorized representative; and (2) when DEVELOPER has satisfied the conditions of this AGREEMENT, then CITY shall thereafter maintain the water distribution system and sewage collection system up to and within granted easements upon DEVELOPER's property. However, the CITY will only be responsible for the maintenance of the sewer collection system from manhole to manhole and up to the first cleanout of the service lateral within the granted easements and the CITY will only be responsible for the maintenance of the water distribution up to the meter, fire hydrant, or fireline service within the granted easements. The obligation of the CITY to furnish water and/or sewer service other than construction water shall not arise until DEVELOPER has completed the conditions contained in this paragraph. The CITY shall reserve 25.5 ERC's for water and 21.5 ERC's of sewage treatment plant capacity for DEVELOPER. 3. All other provisions of the Developer's Agreement are hereby ratified. 4. This amendment shall become effective on the latest date of execution by a party hereto. 3 Second Amendment to Water and Sewer Developer's Agreement Exhibit 2 TR#13063 IN WITNESS WHEREOF, the parties hereto have caused those present to be executed on the day and year indicated below: ���tifll►►iei O'• ATTE 110\3 By: Patricia Teufel, CM City Clerk STATE OF FLORIDA : SS COUNTY OF .J'Ad AIA X 0 : ACCEPTED ITY OF TA AC GRANT By: Harry D e sl , Mayor .. Date. Mi'chtel C. Bch, City Manager Date: / -)Cs 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 T4/ram 0& % C'fr Ale c` � known Ito be the person(s) described in and who executed the foregoing instrument and i7e, acknowledged before me and under oath that /' a executed the same. WITNESS my hand and official seal this 20 j2. NA N1WHEATLEY Public -Stale of Florida E m. Expires Aug 6, 2018 mission # FF 135878 rough National Notary Assn. ( Personally known to me, or ( ) Produced Identification day of A41� �4, 'try k /1-4 NOTARY PUBLIC, State of Florida at Large ,r I , k4l,1 (Name of Notary Public: Print, Stam , or Type as CoTtoioned) Type of I.D. Produced ( ) DID take an oath, or (X) DID NOT take an oath 4 Second Amendment to Water and Sewer Developer's Agreement Exhibit 2 TR#13063 IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. ATTEST: OWNER Marketplacj�- t Tamarac, LLC B'~.i Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS n COUNTY OF Type Name Rrseiefeflt K C C I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid a d in the County aforesaid to take acknowledgments, personally appeared known to be the person(s) described in and who executed the foregoing i stru ent and -4-C acknowledged before me and under oath that __executed the same. rM-1 WITNESS my hand and official seal this asltlay of -F4 % RONALD DORCE Ng" pubk - Was of FMdit • Co�sw ♦ FF 932315 My COM. Exom Fabe, 2020 MwreMlrou� N011orol Way] (�) Personally known to me, or ( ) Produced Identification N UBLIC, State of Florida t L rge ( me of Notary Public. rint, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath cJ Second Amendment to Water and Sewer Developer's Agreement Exhibit 2 TR#13063 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: MORTGAGEE (If Applicable) By: By: V\ �— Type Name Type Name Corporate Secretary President (Corporate Seal) STATE OF FLORIDA 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 known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 2017. ( ) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath 6 Second Amendment to Water and Sewer Developer's Agreement Exhibit 2 TR#13063 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE f� I, J D/ 6n, do hereby affirm that I am the Rz,,. oei Q of c� `' sue..* -.A_ L LL and that I have executed a Water and Sewer DEVELOPER's Agreement with the City of Tamarac for : k�A FL w— o a o �_ kUL project and that I am the owner of the property covered by said DEVELOPER's Agreement. There are . 6 mortgages held on the property, which is the subject of said DEVELOPER'S AGREEMENT. LE: tkQ &Z � Zy HT S�&ti-F 'c z I( H 'PA6 E FURTHER AFFIANT S. ...1VOT. 4,. (Signature) This 21 day of . -.1,2 "'- .20 1 STATE OF FLORIDA : SS COUNTY OF9 _ I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afore id and in the County aforesaid to take acknowledgments, personally appeared known to be the person(s) described in and who executed the foregoing instr ment and -LAA=acknowledged before me and under oath that 4e, executed the same. 201 WITNESS my hand and official seal this "llwo 001110 �+u►r Pak . *aa of Fbmftw COtltAd "# FF 932315 ,�,• th► COMM- ExphNs Fall) B, 2020 Bonded ftm* NOonel Notary Assn. ( )) Personally known to me, or ( ) Produced Identification NOTARY PUBLIP, State of Florida at rge n rn a V CX (Wdrfie of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath 7 Second Amendment to Water and Sewer Developer's Agreement Exhibit 2 TR#13063 DEVELOPMENT: MARKETPLACE AT TAMARAC- EXHIBIT "D" AMENDED METER SCHEDULE NO. OF METER WATER SEWER Commercial Amendment # OF ERC's CIAC CIAC TOTAL METERS SIZE FEES FEES WATER SEWER $1,700.00 $2,200.00 (6886(irrg) Meter Removed - 0 N/A (-8) 0 ERC CREDIT N/A 0 8 ERC Credit ( OSC (6997 ) Meter Removed - 0 N/A 1 (-) 1 (-) ERC CREDIT ($2,200.00) ($2,200.00) 1 ERC Credit _1 6886(Chow) New Meter 1 1-1/2" (+5) (+5) REDI=S 11,000.00 $11,000.00 Adjustments: (-4) 4 8,800.00 $8,800.00 *OSC= Open Service Connection (account is closed & meter is removed SECOND AMENDMENT METER SCHEDULE Commercial Amendment NO. OF METERS METER SIZE # OF ERC's WATER CIAC FEES SEWER CIAC FEES TOTAL WATER SEWER $1,700.00 $2,200.00 6801 1 1-1/2" 5 5 N/A N/A 0 6803 1 5/8" 1 1 N/A N/A 0 6827 1 5/8" 1 1 N/A N/A 0 6879 1 5/8" 1 1 N/A N/A 0 (6886(irrg)) Meter Removed - 8 ERC Credit 0 N/A 0 0 ERC CREDIT N/A 0 6886 Chow ( ) New Meter 1 1-1/2" 5 5 CREDITS USED=S 11,000.00 $11,000.00 6909 1 5/8" 1 1 N/A N/A 0 *OSC 0 5/8" 1 1 N/A N/A 0 6925 1 5/8" 1 1 N/A N/A 0 6941 1 5/8" 1 1 N/A N/A 0 6949 1 5/8" 1 1 N/A N/A 0 6973 1 5/8" 1 1 N/A N/A 0 6981-6989 1 1" 2.5 2.5 N/A N/A 0 ( OSC(6997)) Meter Removed - 1 ERC Credit 0 N/A 0 0 ERC CREDIT ($2,200.00) ($2,200.00) Subtotal: 11 ----------- 21.5 21.5 1 $0 $8,800.00 $8,800.00 ERC CREDITS ON PROPERTY 0 N/A 4 0 ERC CREDIT = 4 0 0 Total: 11 ----------- 25.5 21.5 $0 $8,800.00 1 $8,800.00 Second Amendment to Water and Sewer Developer's Agreement Exhibit 2 TR#13063 DEVELOPMENT: MARKETPLACE AT TAMARAC Note: *This Amendment reflects a 4 ERC reduction for water and a 4 ERC increase for sewer for the Marketplace at Tamarac Parcel. TOTAL ERC's (WATER) 25.5 (SEWER) 21.5 TOTAL AMOUNT DUE FOR WATER: $00 TOTAL AMOUNT DUE FOR SEWER: $8,800.00 EXCESS TOTAL# OF ERC'S AVAILABLE: (4) FOR WATER (0) FOR SEWER Chow Time is requesting to remove their existing 5/8" meter connection to the building and upgrade to an existing 1-1/2". An existing 2" irrigation meter is currently on property and not in use. The current irrigation is now on a well system. Chow Time is going to occupy the use of the existing 2" meter and downsize it to a 1-1/2" meter for commercial use to service their requirements. The Water ERCs for the 2" meter have already been accounted for in the original WSDA, therefore, giving the property ERC credits for water connections. The elimination of the existing 5/8" meter that is being used to service the Chow Time bay(s), will be removed from the property, which gives the property an excess of four (4) ERCs of availability for water connections. However, the service location for the 5/8" meter will remain on the property for future use, but will require an amendment to the WSDA for any future demand requirements. A credit of one (1) ERC from the existing 5/8" meter for sewer connection will be applied to the 1-1/2" meter allocation, reducing the sewer ERC's from 5 ERC's to 4 ERC's. 9 Second Amendment to Water and Sewer Developer's Agreement Exhibit 2 TR#13063 DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = 0 ERC'S (SEWER) TOTAL ERC'S 20.5 (WATER) 21.5 (SEWER) THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: 2 AT 4" DIAMETER AT 8" DIAMETER AT 6" DIAMETER SERVED BY WASTEWATER PUMP STATION NO. 4 25.5 ERC'S _ 5.91 SITE ACRES= 4.31 ERC'S/SITE ACRES I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE. SEAL P.E.# TYPE NAME 10 Second Amendment to Water and Sewer Developer's Agreement TR#13063 Exhibit 3 TAMARAC PUBLIC SERVICES ASSIGNMENT FOR: Marketplace at Tamarac, LLC. Name of Development KNOW ALL MEN BY THESE PRESENTS THAT Alberto Dayan- Marketplace at Tamarac, LLC., having an address of 361 NE 167th St, N Miami Beach, FL 33162, party of the first part, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable considerations, received from or on behalf of Marketplace at Tamarac, LLC., having an address of 361 NE 167th St N. Miami Beach, FL 33162, party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the party of the second part, the following: All right, title and interest in and to 25.5 ERC units also known as Utility Connections as referred to in that certain Agreement dated March 9, 1989 by and between Marketplace at Tamarac, LLC, as Developer, and the CITY OF TAMARAC, a municipal corporation of the State of Florida, as City, which Agreement has been assigned to Seller. A copy of said Agreement dated March 9, 1989 is incorporated by reference. TO HAVE AND TO HOLD the same unto the said party of the second part, its legal representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this 25 day of January, 2018. 1 Assignment to the Water and Sewer Developer's Agreement TR#13063 Exhibit 3 In the presence of: e. Witnessed by. `------ Print Name v,6U e,,G Witnessed by p Print Name V & (CORPORATE SEAL) STATE OF FLORIDA : r SS COUNTY OF ck/2, I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afores id pd in the C ty aforesaid to take acknowledgments, personally appeared VC2 to me known to be the person(s) described in and w o executed the foregoing instrument and acknowledged before me that _ttC__ executed the same. ITNESS my hand and official seal this �`-I'i�j day of 20Z NONALO DOME N0 hteNe -Stun et FtaWa • Cowmisslim • FF 932315 My Comm. Expires Feb 8, 2020 •„��• 9m Mithrough National Notary Assn. (� Personally known to me, or ( ) Produced Identification NOTARY PUBLIC/State c3EL'C�p ��y -�" (Name of Notary Public: Print, Stamp, or Type as Commissioned) Typed of I.D. Produced ) DID take an oath, or ( ) DID NOT take an oath. 2 Assignment to the Water and Sever Developer's Agreement TR#13063 Exhibit 4 TAMARAC PUBLIC SERVICES ACCEPTANCE TO ASSIGNMENT FOR: M D VA '€, L c t a �C o :,.o ; c- c Name of Development '3 having an address off► \ ills \�5� �1..: �.,;��� .party of the second part, agrees to accept assignment of Utility Connections. ATTEST: By: Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF 4Q� CORPORATION�-���~�- 13 Type Name C P es4ent .,r I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesai nd in the County aforesaid to take acknowledgments, personally appeared known to be the person(s) described in and who executed t e foregoing instr ment and acknowledged before me and under oath that c.... executed the same. �--� WITNESS my hand and official seal t 2018 . "moo" Now Pak • oft of pea& • CwMMM r Ff 9MIS MY CON. EXOM Feb !. 2020 (Personally known to me, or ( ) Produced Identification (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath Acceptance and Acknowledgment of Agreement and Consent to Assignment TR#13063 Exhibit 5 TAMARAC PUBLIC SERVICES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: Marketplace at Tamarac, LLC Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of March 9, 1989, it entered into a Water and Sewer Developer's Agreement concerning Marketplace at Tamarac, "Developer's Agreement", with Marketplace at Tamarac, LLC as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by R.K. Development Corp., to Marketplace at Tamarac, LLC by Assignment dated February 28, 2018. The City hereby consents to and approves the Assignment of the Developer's Agreement from R.K. Development Corp., to Marketplace at Tamarac, LLC. 1 Acknowledgement of Agreement And Consent to Assignment TR#13063 Exhibit 5 ATTEST:--) By. Patricia Teufel, City Clerk ACCEPTE B TY OF TAMARAC By: Harry Dp6ssIW, Mayor / ate: I' I' n'K, ARgc''., Ic ae C. Gernech, City Manager CC Date: COO STATE OF FLORIDA �J1111 i 1 0 �\ WE By: Sa SS Cit COUNTY OF,6)�0 kdV1P I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid ,and in th County aforesaid to take acknowledgments, personally appeared NnveC>A known P be the person(s) described in and who executed the oregoing instrument and 17f, acknowledged before me and under oath that t 11' executed the same. WITNESS my hand and official seal this day of ILIA, rC , 20/ f. WHEATLEY NNai`y" � Florida Al 35878 v.ioual NofaFy Assn. () Personally known to me, or ( ) Produced identification "�� " &/ W E ,- & IA" q NOTARY PUBLIC, State of Florida at Large Iq A117"0er'f'1"'v (Name of Notary Public: Print, St mp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (X.) DID NOT take an oath k7ft do TINA M. WHEATLEY Notary Public - State of Florida •= My Comm. Expires Aug 6, 2018 =;� = Commission # FF 135878 Notary Bonded Through National ,• 9 Y Assn. 2 Acknowledgement of Agreement And Consent to Assignment