HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-007TR#13045
Dec 15, 2017
Page 1 of 6
CITY OF TAMARAC, FLORIDA
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RESOLUTION NO. R-2018-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A FIRST AMENDMENT TO THE WATER AND
SEWER DEVELOPER'S AGREEMENT WITH SUNSHINE
MZL, LLC., FOR THE SUNSHINE PLAZA, LOCATED AT 4017
W. COMMERCIAL BLVD., REQUIRING 1 ERC FOR WATER
AND 1 ERC FOR SEWER; REQUIRING ADDITIONAL
PAYMENT OF $1,700.00 FOR WATER AND $2,200.00 FOR
SEWER; AND REQUIRING A TOTAL PAYMENT OF
$3,900.00 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, Sunshine MZL, LLC., is the owner of the Sunshine Plaza located at
4017 W. Commercial Blvd., (attached hereto in map form as "Exhibit 1 "); and
WHEREAS, Sunshine MZL, LLC., have offered a First 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 Sunshine Plaza, as required by Code Sections 10-121(d), 10-122(f)
and 10-123(e); and
WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement
reserves and requires the purchase of 1 ERC for water and 1 ERC for sewer for a
combined CIAC fee of $3,900.00 as required by Section 22-189 Code of Ordinances; and
0
TR#13045
Dec 15, 2017
Page 2 of 6
WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement
from Sunshine MZL, LLC., establishes a meter schedule (attached hereto as Exhibit "D")
for the Sunshine Plaza, and
WHEREAS, it is the recommendation of the Director of Public Services that the First
Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac
and Sunshine MZL, LLC., for the Sunshine Plaza be approved and executed; and the
payment of the CIAC fees required for the Sunshine Plaza 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 First Amendment to the Water and
Sewer Developer's Agreement with Sunshine MZL, LLC., for the Sunshine Plaza.
WHEREAS, Ramco-Gershenson Properties, L.P., has requested an Assignment of
the First Amendment to the Water and Sewer Developer's Agreement to Sunshine MZL,
LLC.; 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
E
TR#13045
Dec 15, 2017
Page 3 of 6
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 First Amendment to the Water and Sewer
Developer's Agreement between Ramco-Gershenson Properties, L.P., and Sunshine MZL,
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.
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 First Amendment to the Water and Sewer Developer's Agreement, providing for
1 ERC for water and 1 ERC for sewer (a copy of which is attached hereto as "Exhibit 2")
with Sunshine Plaza, LLC., for the Sunshine Plaza, located at 4017 W. Commercial Blvd.
TR#13045
Dec 15, 2017
Page 4 of 6
SECTION 3: The City will collect $3,900.00 in contribution charges prior to the
issuance of the final Engineering Permit.
SECTION 4: The City of Tamarac hereby approves and accepts the Assignment
of the First Amendment to the Water and Sewer Developer's Agreement executed by
Ramco-Gershenson Properties, L.P., (a copy of which is attached hereto as "Exhibit 3") for
the Sunshine Plaza, located at 4017 W. Commercial Blvd.
SECTION 5: The City of Tamarac hereby approves the Acceptance to Assignment
executed by Sunshine MZL, L.P., (a copy of which is attached hereto as "Exhibit 4").
SECTION 6: The City of Tamarac hereby approves the Acknowledgement of
Agreement and Consent to Assignment of the First Amendment to the Water and Sewer
Developer's Agreement for the Sunshine Plaza (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.
TR#13045
Dec 15, 2017
Page 5 of 6
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.
L
1
SECTION 7
passage and adoption.
TR#13045
Dec 15, 2017
Page 6 of 6
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of
ATTEST:
PATRICIA TE F L, CMC
CITY CL K
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
c4x1r1"JIzv
S MUEL S. GOREN
CITY ATTORNEY
go-nla", 2018.
HA RY DRESSLER
RECORD OF COMMISSION VOTE
MAYOR DRESSLER
DIST 1:
COMM BOLTON
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DIST 2:
V/M GOMEZ
DIST 3:
DIST
COMM FISHMANi�
4:
COMM PLACKO
C
E
CITY OF TAMARAC PUBLIC SERVICES DEPARTMENT
FIRST AMENDMENT TO THE WATER &
SEWER DEVELOPER'S AGREEMENT
TR#13045
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SUNSHINE PLAZA
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Design By: EJW Date: 12/14/2017 SUNSHINE PLAZA
Created By: EJW Date: 12/14/2017 Exhibit 1
Checked By: Date: EJW City of Tamarac, Broward County, Florida
Approved By: Date: Sec. 13, TWR 49, RGE 41
TR#13045
Exhibit 2
FIRST AMENDMENT
TO WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: SUNSHINE PLAZA
(Name of Development)
This FIRST AMENDMENT TO AGREEMENT, made and entered into and
between the City of Tamarac, 7525 Northwest 88th Avenue, Tamarac, Florida 33321,
hereafter call "CITY" and the Sunshine MZL LLC, having an address at c/o Katz
Properties LLC, 254 W 31 ST FL 4, New York, NY 10001-2813, hereinafter called
"DEVELOPER".
riff T**i4lim
WHEREAS, CITY and DEVELOPER, predecessor in interest, entered into a
Water and Sewer Developer's Agreement for the property described in Exhibit "A"
attached hereto and made a part of on October 19, 2001 said agreement recorded as
approved by the City of Tamarac City Commission through Resolution No. R-2001-334;
and in O.R. Book 32473 Page 1800 of the Public Records of Broward County,
("Developer's Agreement") and;
WHEREAS, the parties desire to modify certain terms contained in the
Developer's Agreement.
1. WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement
establishes an increase of 1 ERC for water and 1 ERC for sewer in connection with a
new meter to be installed at the subject property. The increase will modify the usage
from 60.5 ERC's to 61.5 ERC's for water and from 60.5 ERC's to 61.5 ERC's for sewer.
This increase 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 on Exhibit "D" attached
hereto. City acknowledges that the original contribution has already been satisfied and
Developer is responsible for the payment of $3,900.00 under this First Amendment as
set forth in Exhibit "D".
2. WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement
shall serve as the Assignment of the Water and Sewer Developer's Agreement from
Ramco-Gershenson Properties, L.P., to Sunshine MZL LLC for the Sunshine Plaza.
1 First Amendment to Water and Sewer
Developer's Agreement
3. WHEREAS, the new connection of 5/8", to which equals one (1) ERC connection,
will be granted by the City, however, all and any upgrade or addition to the existing
connecting will render the collection of contribution of both water and sewer charges for
commercial use. Those charges will be calculated according to rates set forth by the
City Council and shall be in force at time of execution of this Agreement.
4. WHEREAS, except as expressly modified and amended hereby, the terms and
provision of the Agreement shall remain unchanged and in full force and effect and the
same are hereby ratified and confirmed:
5. WHEREAS, this instrument may be executed in counterparts, each of which shall
constitute an original known as Exhibit 3 and together shall continue one and the same
instrument.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings
of the parties hereto and other good and valuable considerations, the parties hereto
covenant and agree as follows:
1. Part II (H) Exhibit "D" of the Developer's Agreement is amended to read as follows:
CONTRIBUTION (WATER)
ORIGINAL CONTRIBUTION:
60.5 Non -Residential ERC(s) @ $1,700.00 per ERC = $ 0
FIRST AMENDMENT CONTRIBUTION-
1 Non -Residential ERC INCREASE ERC(s) @1,700 per ERC= $1,700.00
SUBTOTALS: ERC'S = 61.5 WATER CIAC FEE = $1,700.00
CONTRIBUTION (SEWER)
ORIGINAL CONTRIBUTION:
60.5 Non -Residential ERC(s) @ $2,200.00 per ERC = $0
FIRST AMENDMENT CONTRIBUTION:
1 Non -Residential ERC INCREASE ERC(s) @ $2,200.00 per ERC= $2,200.00
SUBTOTALS: ERC(s) = 61.5 SEWER CIAC FEE = $2,200.00
TOTAL CIAC FEE = $3,900.00
2 First Amendment to Water and Sewer
Developer's Agreement
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 CONDITION
When, at no cost to CITY, (1) the new meter has been satisfactorily
installed, inspected, tested and approved and certified in writing by 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 61.5 ERC's of water service and 61.5 ERC's of sewage treatment plant
capacity for DEVELOPER.
3. All other provisions of the Developer's Agreement are hereby ratified.
4. This First Amendment shall become effective on the latest date of execution by a
party hereto.
3 First Amendment to Water and Sewer
Developer's Agreement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
- 5�.��D'•. fr, .
ATT
Bye
Patricia Teufel, CIVIC
City Clerk
STATE OF FLORIDA
COUNTY OF MOA1410: SS
ACCEPTED CITY OF TAMARAC
GRANT
By:
Har r s r,
Mayor
J - - --
Date: - - `-
Y
ichae C. Cernech,
City Manager
Date: D - C 7 - L
Approved as to form:
B�
e,-Ci5amuel
S. oren,
ity Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afo esaf and ' e County a resaid to take acknowledgments, personally appeared
� erll e nA known be the person(s) described in and who
executed the oregoing instrument and acknowledged before me and under
oath that executed the same.
J,W • WITNESS my hand and official seal this day of
20n.
NOTARY PUBLIC, State of Florida
at Large
1 A- Pd,
(Name of Notary Public: Print, Sta p,
(�) Personally known to me, or or Type j.s Commissioned)
( ) Produced identification
TINA M. WHEATLEY
Type of I.D. Produced
( ) DID take and oath, or (X DID NOT take and oath
4 First Amendment to Water and Sewer
Developer's Agreement
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
DEVELOPER
SUNSHINE MZL LLC
By: Sunshine Manager LLC
Its Manager
By:
By: Daniel Partners, LLC
Its Manager
By: By: 4,7416
Da id cFarlane
Authorized Agent
(Corporate Seal)
STATE OF k"Zor-a 64
: 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 Daniel Kaufthal, Manager of Daniel Partners, LLC, Manager of Sunshine
Manager LLC, Manager of SUNSHINE MZL LLC, known to be the person described in
and who executed the foregoing instrument and acknowledged before me and under
oath that Daniel Kaufthal executed the same, on behalf of the limited liability company.
2017.
WITNESS my hand and official seal this off% day of
GERIBACKER
MY COMMISSION # FF 191591
:'a` EXPIRES: March 9, 2o19
'� ff c �Q Bonded Thru Notary Public Underwriters
rUdQe-"er
NotARY P BLIC
BAc, 'er
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
5 First Amendment to Water and Sewer
Developer's Agreement
( ) Personally known to me, or
( j Produced Identification X:-Z -Dr , ue.— L-4 ePl1SA_
Type of I.D. Produced
( ) DID take and oath, or (JODID NOT take an oath
5 First Amendment to Water and Sewer
Developer's Agreement
IN WITNESS WHEREOF, Mortgagee acknowledges and agrees to the First
Amendment and has hereunto set its hand directly below.
STATE OF ILLINOIS
SS
COUNTY OF COOK:
CONTINENTAL CASUALTY COMPANY
Type Name E4rd i. Lava
Title VIM [a
Approvea L ,o
Law De t
Cate: 1_ 115
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 Edward J. Lavin known to be the person(s) described in and who executed
the foregoing instrument and he acknowledged before me and under oath that he
executed the same.
WITNESS my hand and official seal this .13th day of December,
2017.
"OFFICIAL SEAL"
: HAZEL M. WORTHAM
Notary Public, State of 1NkvA
My Commission Expires 11ro9=1;
( j ) Personally known to me, or
( ) Produced Identification
NO A UBL C, Slatt of Illinois
Z. L.IV W®fl--7L
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or ( ) DID NOT take an oath
6 First Amendment to Water and Sewer
Developer's Agreement
CONSENT AND NON -DISTURBANCE
The undersigned is the holder of (i) that certain Amended and Restated Mortgage,
Security Agreement, Financing Statement and Fixture Filing from Sunshine MZL LLC
(`Borrower") dated as of July 17, 2014, recorded on July 28, 2014, as Instrument No. 112433966
in the Public Records of Broward County, Florida ("Records"); and (ii) that certain Assignment
of Rents and Leases from Borrower dated as of July 17, 2014, recorded on July 28, 2014, as
Instrument No. 112433967 in Records (collectively, the "Security Instruments").
The undersigned does hereby consent to and approve the First Amendment to Water and
Sewer Developer's Agreement ("First Amendment") to which this Consent and Non -Disturbance
is attached, and hereby acknowledge and agree that the First Amendment will not be disturbed,
interfered with or terminated by any foreclosure of the Security Instruments or deed in lieu of
foreclosure.
The undersigned hereby evidences such consent, approval, agreement and non -
disturbance by causing their duly authorized agents to sign, seal and deliver this Consent and
Non -Disturbance, this 111h day of December, 2017. Except for such consent and non -
disturbance, no real or personal property encumbered by the Security Instruments shall be
affected hereby and all real or personal property encumbered by the Security Instruments shall
remain as security for the indebtedness described in the Security Instruments.
Signed, sealed and delivered in the
Presence of:
I
Uno facial Wit ss
Notary Public
My Commission Expires:'' '
`0%1111u�111/1SZ
wJMNoRF(NOTARY SEAL) Po .
o
=* . MAARCH IV. �Ir
2019
s�� Co., U
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Voya Retirement Insurance and Annuity
Company, formerly known as ING Life
Insurance and Annuity Company
By: Voya Investment Management LLC,
its authorized agent
By: Ie, A � V\-
Name: Kurt Wassenu
Title:Sr. Vice A/
7
FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPERS AGREEMENT
DEVELOPMENT: SUNSHINE PLAZA - (EXHIBIT D)
EXISTING METER SCHEDULE
Commercial
NO. OF
METERS
METER
SIZE
# OF ERC's
WATER
CIAC FEES
SEWER
CIAC FEES
ERC TOTAL
WATER
SEWER
$1700.00
$2,200.00
5001
1
1"
1
1
N/A
N/A
1
4101
1
2"
8
8
N/A
N/A
8
5039
1
5/8"
1
1
N/A
N/A
1
5031
1
1"
1
1
N/A
N/A
2.5
5041
1
5/8"
1
1
N/A
N/A
1
4017
1
5/8"
1
1
N/A
N/A
1
4021
1
1"
2.5
2.5
N/A
N/A
2.5
4111
1
1"
2.5
2.5
N/A
N/A
2.5
4121
1
2"
8
8
N/A
N/A
8
4161
1
5/8"
1
1
N/A
N/A
1
4181
1
5/8"
1
1
N/A
N/A
1
4191
1
1"
2.5
2.5
N/A
N/A
2.5
4195
1
1"
2.5
2.5
N/A
N/A
2.5
4197
1
1-1/2"
5
5
N/A
N/A
5
4209
1
5/8"
1
1
N/A
N/A
1
4211
1
1"
2.5
2.5
N/A
N/A
2.5
4221
1
5/8"
1
1
N/A
N/A
1
4225
1
5/8"
1
1
N/A
N/A
1
4231
1
5/8"
1
1
N/A
N/A
1
4233
1
5/8"
1
1
N/A
N/A
1
4235
1
5/8"
1
1
N/A
N/A
1
4237
1
5/8"
1
1
N/A
N/A
1
4239
1
5/8"
1
1
N/A
N/A
1
4241
1
5/8"
1
1
N/A
N/A
1
4243
1
5/8"
1
1
N/A
N/A
1
4245
1
1"
2.5
2.5
N/A
N/A
2.5
4257
1
5/8"
1
1
N/A
N/A
1
4259
1
5/8"
1
1
N/A
N/A
1
4261
1
5/8"
1
1
N/A
N/A
1
4265
1
5/8"
1
1
N/A
N/A
1
4267
1
5/8"
1
1
N/A
N/A
1
4299
1
1"
2.5
2.5
N/A
N/A
2.5
Total:
32
varies
60.5
60.5
N/A
N/A
60.5
First Amendment to Water and Sewer
Developer's Agreement
PRPOSED METER SCHEDULE — (EXHIBIT D)
Commercial
NO. OF
METERS
METER
SIZE
# OF ERC's
WATER
CIAC FEES
SEWER
CIAC FEES
ERC TOTAL
WATER
SEWER
$1700.00
$2,200.00
5001
1
1"
1
1
N/A
N/A
1
4101
1
2"
8
8
N/A
N/A
8
5039
1
5/8"
1
1
N/A
N/A
1
5031
1
1"
1
1
N/A
N/A
2.5
5041
1
5/8"
1
1
N/A
N/A
1
4017
1
5/8"
1
1
N/A
N/A
1
4021
1
1"
2.5
2.5
N/A
N/A
2.5
4111
1
1"
2.5
2.5
N/A
N/A
2.5
4121
1
2"
8
8
N/A
N/A
8
4161
1
5/8"
1
1
N/A
N/A
1
4181
1
5/8"
1
1
N/A
N/A
1
4191
1
1"
2.5
2.5
N/A
N/A
2.5
4195
1
1"
2.5
2.5
N/A
N/A
2.5
4197
1
1-1/2"
5
5
N/A
N/A
5
4209
1
5/8"
1
1
N/A
N/A
1
4211
1
ill
2.5
2.5
N/A
N/A
2.5
4221
1
5/8"
1
1
N/A
N/A
1
4225
1
5/8"
1
1
N/A
N/A
1
4231
1
5/8"
1
1
N/A
N/A
1
4233
1
5/8"
1
1
N/A
N/A
1
4235
1
5/8"
1
1
N/A
N/A
1
4237
1
5/8"
1
1
N/A
N/A
1
4239
1
5/8"
1
1
N/A
N/A
1
4241
1
5/8"
1
1
N/A
N/A
1
4243
1
5/8"
1
1
N/A
N/A
1
4245
1
1"
2.5
2.5
N/A
N/A
2.5
*4255
1
5/8"
1
1
$1,700.00
$2,200.00
1
4257
1
5/8"
1
1
N/A
N/A
1
4259
1
5/8"
1
1
N/A
N/A
1
4261
1
5/8"
1
1
N/A
N/A
1
4265
1
5/8"
1
1
N/A
N/A
1
4267
1
5/8"
1
1
N/A
N/A
1
4299
1
1"
2.5
2.5
N/A
N/A
2.5
Total:
33
varies
61.5
61.5
N/A
N/A
61.5
* The bay at 4257 is being divided and through this division, the bay at
4255 will need a new service line to supply water and sewer services to
that location.
9 First Amendment to Water and Sewer
Developer's Agreement
Developer's Agreement
DEVELOPMENT: SUNSHINE PLAZA — (EXHIBIT D)
FIRST AMENDMENT METER SCHEDULE
Commercial
NO. OF
METERS
METER
SIZE
# OF ERC's
WATER
CIAC FEES
SEWER
CIAC FEES
TOTAL
WATER
SEWER
$1,700.00
$2,200.00
Path Match
1
5/8"
1
1
$1,700.00
$2,200.00
$3,900.00
Total:
1
5/8"
1
1
$1,700.00
$2,200.00
T$3,900.00
TOTAL ERC's (WATER) 61.5 (SEWER) 61.5
TOTAL AMOUNT DUE FOR WATER: $1,700.00
TOTAL AMOUNT DUE FOR SEWER: $2,200.00
TOTAL AMENDED ERC's OF AGREEMENT (WATER) 1_(SEWER) 1
TOTAL AMOUNT DUE FOR THIS AMENDMENT IS $3,900.00
The Sunshine Plaza is requesting an additional service lateral
connection to the building for 4255 W. Commercial Blvd., to
accommodate a 5/8" meter connection.
10 First Amendment to Water and Sewer
Developer's Agreement
DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH= 0 ERC'S (SEWER)
TOTAL ERC'S 61.5 (WATER) 61.5 (SEWER)
THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER 1 AT 8" DIAMETER
T 6" DIAMETER
SERVED BY WASTERWATER PUMP STATION NO. 13
61.5 ERC'S=19.244 SITE ACRES = 3.19 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
1 1 First Amendment to Water and Sewer
Developer's Agreement
TR#13045
Legal Description (Exhibit A)
A portion of Tracts 7 and 8 of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 13,
Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31, of the Public Records of
Broward County, Florida, being more particularly described as follows:
Commencing at the Northeast comer of Tract 8, of said Section 13, thence South 0* 1 2'l 2" East, along
the East line of said Tract 8, 454.07 feet to a point; thence North 89015'42" West, parallel with the North
line of said Tract 8, 100.01 feet to the Point of Beginning of this description, said point being further
described as being on the West right-of-way line of State Road No. 7, thence continue North 89' 15'42"
West. along the last described line, 1469.21 feet to a point, said point being further described as being
on the North right-of-way line of West Commercial Boulevard; thence South 38*33'14" East along said
right-of-way line 617,15 feet to the Point of Curvature of a circular curve to the left; thence Southeasterly
along the arc of said curve, having a radius of 894.93 feet, an arc distance of 584.17 feet; thence North
0044'18"East, a distance of 130.71 feet; thence South 89015'42" East, a distance of 150.00 feet, thence
South 0'44'1 8"West, a distance of 152.99 feet to the North right-of-way line of West Commercial
Boulevard, said point being further described as being on a circular curve to the left; thence Easterly
along the arc of said curve, having a radius of 894.93 feet, an arc distance of 56.04 feet to the Point of
Tangency of said curve; thence South 89* 1542" East, a distance of 199.01 feet; thence North 011 2'l 2"
West, a distance of 193.00 feet; thence South 99*15'42" East, a distance of 200.00 feet to a point on the
West right-of-way line of State Road No. 7; thence North 0*12'12" West, along said right-of-way line, a
distance of 612.93 feet to the Point of Beginning.
First Amendment to Water and Sewer
Developer's Agreement
TR#13045
Exhibit 3
TAMARAC PUBLIC SERVICES
ASSIGNMENT
FOR: Sunshine Plaza
Name of Development
KNOW ALL MEN BY THESE PRESENTS
THAT Ramco-Gershenson Properties having an address of 27600
Northwestern Highway, Suite 200, Southfield, MI 48034, 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 Sunshine MZL, LLC c/o Katz Properties,
LLC having an address of 254 W 31 st Street, 4th Floor, New York, NY 10001, 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 61.5 ERC Units of Water Service and 61.5 ERC
Units of sewage treatment plant capacity, also known as Utility Connections as referred
to in that certain Agreement dated October 19, 2001 by and between
Ramco-Gershenson Properties, 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 October 19, 2001 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
&- 7 '—� day of A-. b c ,e 4c-(- , 20 > 7 .
1
Assignment to the Water and
Sewer Developer's Agreement
TR#13045
Exhibit 3
In the presence of:
Witnessed by /
Print Name J'iG 64 '..- a
Witnessed by
Print Name
(CORPORATE SEAL)
STATE OF FLORIDA
SS
COUNTY OF :
By: � -,4 4 %,-
Its: D W i.
Printed M t oa5wv,'-
Dated: 11 �'7
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 ,-DAU I D -j- &4 �40- a ex e, to me known to be
the person(s) described in and who executed the foregoing instrument and
acknowledged before me that ✓ executed the same.
WITNESS my hand and official seal this X) day of a e-(& C ,
2017.
L136-140-L
NO RY PUBLIC, State of Florida at Large
a?�Y'yy�es ERIBACKER
MY COMMISSION # FF 12911 91
',. EXPIRES: March 9
"r riPR' Bonded ihru Notary Pubkc Underwriters
(Name of Notary Public: Print, Stamp, or Type
as Commissioned)
( ) Personally known to me, or
L
(-�,) Produced Identification � r Uers, L-I Gens e-
Typed of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
2
Assignment to the Water and
Sewer Developer's Agreement
TR#13045 Exhibit 4
TAMARAC PUBLIC SERVICES
ACCEPTANCE TO ASSIGNMENT
FOR: Sunshine Plaza
Name of Development
Sunshine MZL, LLC c/o Katz Properties, LLC, having an address of 254 W 31s' Street,
Fourth Floor, New York, NY 10001 party of the second part, agrees to accept
assignment of Utility Connections.
ATTEST:
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF
CO ORATI
By:
Type Name'
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 -D A-u i'o s- lice -4-14 A e, known to be the person(s) described in
and who executed the foregoing instrument and he acknowledged before me and
under oath that he executed the same.
WITNESS my hand and official seal this day of kouee(r ,
201-7.
GERI BACKER
" MY COMMISSION # FF 191591 NOT4kY PUBLIC, State of Florida
Po ` EXPIRES: March 9 2019
Bonded Th. Wari Public Underwriters at Large
( ) Personally known to me, or
( Produced Identification
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
. /L)eCS
Type of I.D. Produced
Acceptance and Acknowledgment of
Agreement and Consent to Assignment
TR#13045 Exhibit 5
TAMARAC PUBLIC SERVICES
ACKNOWLEDGMENT OF AGREEMENT
AND CONSENT TO ASSIGNMENT
FOR: Sunshine Plaza
Name of Development
The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby
acknowledges that effective as of Qc. �0bt: 6 zce i it entered
into a Water and Sewer Developer's Agreement concerning Sunshine Plaza,
"Developer's Agreement", with Ramco-Gershenson Properties, L.P. as Developer, a
copy of which Agreement is incorporated by reference.
The Developer's Agreement was subsequently assigned by Ramco- jGershenson
Properties, L.P. to Sunshine MZL, LLC by Assignment dated I I to L w'c 9 -'
The City hereby consents to and approves the Assignment of the Developer's
Agreement from Ramco-Gershenson Pro
1
rties, L.P. to Sunshine MZL, LLC.
Acknowledgement of Agreement
And Consent to Assignment
AiI1i 1117/feeCC
P
ATTE
By:
Patricia Teufel, CM(,'
City Clerk
STATE OF FLORIDA
—ACCEPTED;.,. 0 . 1, . ,
Harry — rMayor
—
Date: ( , l" — ( F)
Approved as to form:
By.
amuel S. Goren,
SS City Attorney
COUNTY OF /3G10W46:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid an cj in�he County)aforesaid to take acknowledgments, personally appeared
a ae I e r ry c� x known to be the person(s) described in and who
executed the foregoing instrument and kl f acknowledged before me and under
oath that h executed the same.
WITNESS my hand and official seal this day of Qal,
20 %�. 61
TINA M. wHEATLEY
Notary Public • State of Florida
• _ My Comm. Expires Aug 6. 2018
Commission # FF 135878
• b%'� Bonded Through National Notary Assn.
11111
(� Personally known to me, or
( ) Produced identification
NOTARY PUBLIC, State of Florida
at Large
--rj /V%4 �, Al��'%tkLe�
(Name of Notary Public: Print, Stamp,
or Type as C mmissioned)
Type of I.D.'Produced
( ) DID take an oath, or(� DID NOT take an oath
2
Acknowledgement of Agreement
And Consent to Assignment