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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-007TR#13045 Dec 15, 2017 Page 1 of 6 CITY OF TAMARAC, FLORIDA r) 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 �► 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 - .. a :. J a}7u,• SUNSHINE PLAZA 4255 W- Commercial Blvd. Y k&t left a ,terop rr%r+ •.� s� i Ok -y o'S dM y w ua k. NW 49TWEIRl 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 ,gRY nn► 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