Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-126TR12734 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015- J & 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 SPL HOLDINGS, LLC., FOR THE CENTRAL PARC SOUTH PROJECT, LOCATED AT 4900 W. COMMERCIAL BLVD., REQUIRING AN ADDITIONAL 65 ERC'S FOR WATER AND AN ADDITIONAL 65 ERC'S FOR SEWER; REQUIRING AN ADDITIONAL PAYMENT OF $110,500.00 FOR WATER AND $143,000.00 FOR SEWER; REQUIRING A TOTAL ADDITIONAL PAYMENT OF $253,500.00 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, SPL Holdings, LLC., is the current owner of the Central Parc South Project, located at 4900 W. Commercial Blvd. (attached hereto in map form as "Exhibit 1 and WHEREAS, a Water and Sewer Developer's Agreement currently exists reserving 175 ERC's for water and 175 ERC's for sewer to accommodate the Central Parc South Project, attached hereto as "Exhibit 2"; and WHEREAS, SPL Holdings, LLC., have offered a First Amendment to the Water and Sewer Developer's Agreement to the City of Tamarac for the Central Parc South Project, as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); (attached hereto as "Exhibit 3"); and TR12734 Page 2 of 4 WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement requires the addition of 65 ERC's for water and 65 ERC's for sewer; requiring an additional payment of $110,500.00 for water and $143,000.00 for sewer; requiring a total additional payment of $253,500.00 in CIAC fees, Per Section 22-189 of the City Code of Ordinances. 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 SPL Holdings, LLC., be approved and executed; and the payment of the CIAC fees required for the Central Pare South Project 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 SPL Holdings, LLC., for the Central Pare South Project. 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. 1 TR12734 Page 3 of 4 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 65 additional ERC's for water and 65 additional ERC's for sewer (attached hereto as "Exhibit 3") with SPL Holdings, LLC., for the Sabal Palm South Project, located at 4900 W. Commercial Blvd. SECTION 3: The City will collect an additional $253,500.00 in contribution charges prior to the issuance of the final Engineering Permit. 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 TR12734 Page 4 of 4 PASSED, ADOPTED AND APPROVED this day of 2015 HARR DRESSLER MAYOR ATTEST: HER0 14: mmal"Its I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM ,SiAMUEL S. GOREN k CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR HARRY DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM GOMEZ� DIST 3: V/M GLASSER DIST 4: COMM. PLACKO j fxI TY OF • ' ' a r..., • • P�►�` ; ,P§ rgi 'r�'a� r� M-6. og �.. I /MMMMMW� ME, � i Vic.;, /� % , •-, ✓ir JP�'PPdP PPap, OPdJ!P`� I s � �.r/I 012 PO4 VON �- � •� I� �� � �•' era rVA / gyp ` on D' CENTRAL PARC SOUTH -EXHIBIT I - -- TR 12734 Exhibit 2 TAMARAC UTILITIES WATER AND SEWER DEVELOPER'S AGREEMENT FOR: SABAL PALM SOUTH (Name of Development) GENERAL LOCATION: SOUTHWEST CORNER OF FL TURNPIKE AND COMMERCIAL THIS AGREEMENT effective this 3(-/ day ofr.r , 207 , made and entered into by and between: The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called "CITY" And PRESTIGE HOMES OF TAMARAC INC. At 11784 W-. SAMPLE ROAD, SUITE 101, CORAL SPRINGS, FL 33065 hereinafter called "DEVELOPER". And PRESTIGE HOMES OF TAMARAC, INC. At 11784 W. SAMPLE ROAD, SUITE_ 101, CORAL SPRINGS, FL 33065 hereinafter called "OWNER". W I T N ESSET'H WHEREAS, CITY is the owner and operator of a water treatment plant, together with water distribution and sewage collection facilities known as "TAMARAC UTILITIES WATER AND SEWER SYSTEM"; and WHEREAS, DEVELOPER own or controls certain real property in Broward County, Florida as shown and described in Exhibit "A" attached hereto and made a part of hereof; and all references made in this AGREEMENT to PROPERTY shall refer specifically to DEVELOPER' PROPERTY described in Exhibit"A" attached; and 981208 1 WATER AND SEWER developers agreement.dw TR 12734 Exhibit 2 WHEREAS, DEVELOPER and OWNER desire to procure water service or sewage disposal service or both from the CITY for the PROPERTY; and WHEREAS, the parties desire to enter into an AGREEMENT setting forth the mutual understandings and undertakings regarding the furnishing of said water and sewer services for the PROPERTY; and WHEREAS, this AGREEMENT and all stipulations and covenants made herein are acknowledged to be subject to the approval of every County, Regional, State and Federal regulatory agency having jurisdiction if the subject matter of this AGREEMENT; and WHEREAS, CITY has received proof of payment by DEVELOPER of any portion of Contribution -In -Aid -of -Construction charges owed to third parties, and which is attached as Exhibit "B"; and WHEREAS, the City Commission has approved this AGREEMENT and has authorized the proper city officials to execvtq this AGREEMENT by motion passed at a regular City Commission meeting on oty , 20 J 77 . NOW, THEREFORE, in consideration of the mutual covenants and undertakings of CITY and DEVELOPER and other good and valuable considerations, these parties covenant and agree with each other as follows: PART 1. DEFINITIONS A. The term DEVELOPER shall refer to the Contracting Party in this AGREEMENT who has an ownership interest in the PROPERTY. Is that interest fee simple? X YES or NO. If no, then the nature of the interest is best described as . If DEVELOPER is not the OWNER, then the OWNER joins in this AGREEMENT and agrees to be jointly and severally liable for the responsibilities of the DEVELOPER enumerated in this AGREEMENT. B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to in this AGREEMENT as ERC, is the assumed average daily flow of a detached single-family residential unit. C. The term PROPERTY, refers to the real property described in Exhibit "A" attached to and incorporated into this AGREEMENT. D. The term GUARANTEED REVENUE refers to a fee paid by DEVELOPER to defray the cost to CITY of maintaining reserve water and sewer systems. The GUARANTEED REVENUE is equal to the applicable monthly service availability charge for water and sewer service. 981208 2 WATER AND SEWER developers agreement.doo TR 12734 Exhibit 2 PART II. DEVELOPER'S OBLIGATIONS A. INSTALLATIONS IN COMPLIANCE WITH SPECIFICATION 1. DEVELOPER, at his expense and at no expense to the CITY, shall design, construct and install all necessary water distribution and sewage collection lines, over, through, under, across and past the PROPERTY in accordance with plans, specifications and engineering data as submitted by a Florida registered engineer to be approved by the appropriate governmental regulatory agencies and by the Director of Utilities, or his/her authorized representative; and said water distribution and sewage collection lines shall be installed and connected to CITY's existing water distribution and sewage collection lines, all of which work shall be paid for by the DEVELOPER. 2. All installations shall be installed at DEVELOPER's expense and shall include, without limitation, all gravity flow mains, force mains, pump stations and lift stations required for the furnishing of service to the PROPERTY. At the time of submission of the plans, specifications and engineering data by DEVELOPER to the Director of Utilities, or designee, shall pay to the CITY the following Review Fee (to be paid one time only): If the AGREEMENT is for 0 — 5 ERC's the review fee shall be .......................$250.00 If the AGREEMENT is for 6 — 10 ERC's the review fee shall be ........................$500.00 If the AGREEMENT is for 11 or more ERC's, the review fee shall be ..............$750.00 Said Review Fee is to compensate CITY for CITY's expense in having said data reviewed by the Director of Utilities or his authorized representatives. 3. Meter shall be INSTALLED BY CITY. No meter shall be removed, moved, bypassed, or altered in any way except by the CITY. Violation of this paragraph may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in default, or both. The imposition of a penalty shall be at the sole discretion of the CITY's City Manager or his/her designee. 4. Non -metered use of City water or use of water from fire hydrants may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in default, or both. The imposition of a penalty shall be at the sole discretion of the CITY's City Manager or his/her designee. B. INSPECTION AND SUPERVISION BY DEVELOPER'S ENGINEER DEVELOPER shall, at his expense, and at no expense to the CITY, retain the services of a registered professional engineer for the purposes of providing necessary inspection and supervision of the construction work to insure that construction is at all times in compliance with accepted sanitary engineering practices and in compliance with the approved plans and specifications. DEVELOPER shall notify CITY in writing of such appointment. A copy of each field report shall be submitted to the Director of Utilities' authorized representative. Should there be cause or reason for the DEVELOPER to engage the services of a registered engineer (other 981208 3 061155-Tamarac W&S Developers Agreement.doc TR 12734 Exhibit 2 than the design engineer) for inspections, then DEVELOPER shall notify the CITY within five (5) days of such engagement. The DEVELOPER's Engineer of Record shall prepare "As -Built" drawings of all construction. C. PRECONSTRUCTION MEETING DEVELOPER and its Contractor shall arrange for and hold a preconstruction meeting with the Director of Utilities or his/her authorized representative. Notification of said meeting shall be made in writing and received by all parties seventy-two hours in advance of said meeting. The meeting shall be held at least twenty-four (24) hours prior to start of each phase of construction. An Engineering Permit, payment of engineering fees and bonding based on a Certified Cost Estimate, prepared by DEVELOPER's registered engineer, shall be required prior to any construction. D. WRITTEN APPROVAL OF THE DIRECTOR OF UTILITIES The work to be performed by DEVELOPER, as provided in this AGREEMENT shall not commence until all plans and specifications covering the work to be performed are approved in writing by the Director of Utilities or his authorized representative. Approved plans and permits must be on site at all times. E. ENGINEERS PRESENT ATTESTS During construction and at the time when periodic inspections are required, the Director of Utilities or his/her authorized representative shall be present and DEVELOPER's engineer shall be present to observe and witness tests for determination of conformance to approved plans and specification. The City's Engineering Inspector shall be on site at all times during sanitary sewer installation, and notified before any water lines are installed. Any work performed beyond the City of Tamarac Inspector's normal working hours 7:30 a.m. to 4:00 p.m., (Monday through Friday) must be inspected. The cost of inspection conducted by the CITY Inspectors beyond normal working hours will be paid by the DEVELOPER including overtime at the rate in effect at the time of inspection. The CITY reserves the right to directly invoice the contractor, developer and/or owner for the costs of inspections by Utility Department personnel that are requested or required to occur outside normal work days and work hours. F. COMPLIANCE WITH APPLICABLE LAWS The work to be performed by DEVELOPER, pursuant to the provisions set forth herein, shall be in accordance with all requirements of the regulatory agencies which have jurisdiction over the subject matter of this AGREEMENT as well as all applicable Federal and State Statutes, County and CITY ordinances. The requirements 981208 4 WATER AND SEWER developers agreement.doc TR 12734 Exhibit 2 of this paragraph shall govern, regardless of any errors or omissions in the approved plans or specifications. G. AS -BUILT DRAWINGS DEVELOPER shall, at its own expense and at no expense to the CITY, furnish to the CITY one (1) complete set of AutoCAD compatible files on disk, one (1) complete set of reproducible mylar and two sets of prints of As -Built drawings. prepared by a Florida registered engineer who designed the water distribution and sewer systems or by any other engineer retained by the DEVELOPER. The As -Built drawings shall be approved by the Director of Utilities' authorized representative. As -Built drawings shall be certified and sealed by the DEVELOPER's engineer showing all pertinent information as to all mains, services and appurtenances belonging to, and affecting the water distribution and sewage collection systems and service lines as constructed in the field. As -Built drawings shall also be sealed by a Florida registered surveyor as to the actual locations of all surface features of these systems, easements and right of ways which are part or adjacent to the property and shall include all paving and drainage facilities constructed in conjunction with the water and sewage facilities. H. CONTRIBUTION PAYMENTS FROM DEVELOPER The contribution charges (both water and sewer) shall be calculated according to rates set by Resolution of the City Commission. The contribution charge shall be computed based upon the DEVELOPER's representation on the approved final site plan for the PROPERTY. A copy of said plan shall be reduced to 8Y2" x 11" and attached to this AGREEMENT as Exhibit "C". Exhibit "D" is attached to this AGREEMENT and shall indicate the number of buildings to be built, number of residential, non-residential and accessory units and ERC's per building and the number of meters and meter sizes. The DEVELOPER's engineer of record will also supply to the CITY, meter calculations on all non-residential meters based on the South Florida Building Code tables 461, 46J and 46Q for meter sizes. Payment of the contribution charges is a condition precedent to the execution of this AGREEMENT. The payment of the contribution charges shall be made in accordance with the applicable sections of the City Code. The contribution charges applicable for this AGREEMENT are summarized as follows: CONTRIBUTION (WATER) Residential # 174 Units X 1 ERC's Per Unit @ $1,700.00 Per ERC Non -Residential # 1 ERC's @ $1,700.00 Per ERC Total ERC's 175 (WATER) Total Contribution $ 297,500.00 981208 5 WATER AND SEWER developers agreement.doc TR 12734 Exhibit 2 CONTRIBUTION (SEWER) Residential # 174 Units X 1 ERC's Per Unit @ $2,200.00 Per ERC Non -Residential # 1 ERC's @ $2,200.00 Per ERC Total ERC's 175 (SEWER) Total Contribution $ 385,000.00 I. GUARANTEED REVENUES 1. DEVELOPER shall pay to the City, GUARANTEED REVENUES when due, at the rates in effect when due, 'as amended from time to time. GUARANTEED REVENUE is equal to the minimum service availability charge for water and sewer service. GUARANTEED REVENUES are due and payable monthly. 2. The payment of GUARANTEED REVENUES required by this AGREEMENT shall commence six (6) months after the payment of CIAC Fees. Plat for the property been recorded with Broward County YES X NO. If NO, then GUARANTEED REVENUES commence ,one (1) year after the effective date of this AGREEMENT. GUARANTEED REVENUES shall be due for all UNITS/ERC'S assigned to the PROPERTY unless otherwise specified by this AGREEMENT. 3. GUARANTEED REVENUE, if initiated shall no longer accrue for a unit when metered water and sewer service is established at a particular building and the required customer deposits are paid to the CITY. However, if accounts are open in the DEVELOPER's name and closed without a new account being established, the GUARANTEED REVENUES shall resume. 4. The parties acknowledge the GUARANTEED REVENUE payments made by the DEVELOPER shall be considered as revenue (income). 5. In accordance with Section 22-190 (b) of the Tamarac City Code, there are sanctions or penalties that the City can exercise as a result of unpaid guaranteed revenues, including interest penalties at a rate established by resolution of the City Commission. 6. Unpaid Guaranteed Revenues are subject to annual interest rates as established by City Commission. J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE NECESSARY In addition to all other obligations of this AGREEMENT, DEVELOPER may be required by the CITY to make modifications to the CITY'S water and sewage systems because of the development's impact on the systems. The modifications are 981208 6 WATER AND SEWER developers agreement.doe TR 12734 Exhibit 2 set forth in Exhibit "E" and they shall be performed by DEVELOPER prior to the issuance of the first Certificate of Occupancy, unless provided in this AGREEMENT. K. DELINQUENT PAYMENTS, DEFAULT, NOTICE OF DEFAULT 1. If any payment of GUARANTEED REVENUES required by this AGREEMENT is more than fifteen (15) days late, the CITY shall send the DEVELOPER a notice of delinquency by prepaid certified mail, and failure of the DEVELOPER to make the required payment in full within seven (7) days of the date shown on the notice shall constitute a default by the DEVELOPER. 2. Other than required payment of GUARANTEED REVENUES, if any act required by this AGREEMENT is not timely accomplished or if any act prohibited by this AGREEMENT is done, then this AGREEMENT shall be in default. Notice of default and the grounds for default shall be sent to the DEVELOPER by the CITY as provided in Part VI of this AGREEMENT. L. SANCTIONS AND PENALTIES Should DEVELOPER be in default of this AGREEMENT, it is agreed that the CITY shall have the right to exercise one or more of the following sanctions or penalties: 1. Any reserved plant capacity under this AGREEMENT may be rescinded and forfeited. 2. The site plan for the PROPERTY is voidable by Resolution of the City Commission. 3. No final inspections shall be approved by CITY. 4. No Certificate of Occupancy shall be issued by CITY for any unit on the PROPERTY. 5. There shall be an . interest penalty equal to the maximum rate allowed by Florida State Law on any payments due to CITY from DEVELOPER which are not paid. The penalty, when applicable, shall accrue from the due date of payment as provided in this AGREEMENT. 6. The CITY shall be entitled to lien the PROPERTY and foreclose the lien in satisfaction of any payments due under this AGREEMENT. 7. CITY shall be entitled to any other remedy at law and failure to exercise any remedy shall not constitute a waiver of said remedy. 981208 7 WATER AND SEWER developers agreement.doc TR 12734 Exhibit 2 M. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF DEVELOPER Prior to acceptance of the work required to be done, DEVELOPER shall, without cost to CITY: 1. Convey to CITY and its successors and assigns, by good and sufficient exclusive easement deed, in a form satisfactory to CITY, a perpetual right, easement and privilege to operate, maintain, repair or replace all water and sewer mains, pipes, connections, pumps and meters within granted easements upon DEVELOPER's PROPERTY in connection with supplying water and sewer service to the inhabitants, occupants and customers in DEVELOPER's PROPERTY and secure from each mortgage and lienor a release of mortgagees' and lienors' interest in the easement and fixtures thereon for so long as the easement is used for the operation, maintenance, repair or replacement of water and sewer mains, pipes, connections, pumps and meters within the easements. Easements shall be a minimum of 20' wide for sewer and 15' wide for water. 2. Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER's right, title and interest in and to all of the water and sewer supply lines, mains, pumps, connections, pipes, valves, meters and equipment installed up to and within granted easements and right-of-way within the PROPERTY and off -site improvements installed for the purpose of supplying water distribution and sewage collection for DEVELOPER's PROPERTY. 3. Furnish CITY with an AFFIDAVIT that all persons, firms or corporations who furnished labor or materials used directly or indirectly in the prosecution of the work required to be performed by this AGREEMENT have been paid, or in the event of a dispute between the DEVELOPER and a contractor or subcontractor, furnish CITY with a BOND in the amount in dispute and in a form acceptable to the CITY. 4. Furnish CITY with a satisfactory surety bond or letter of credit in the amount of twenty-five percent (25%) of the cost of the work, in a form acceptable to the CITY, guaranteeing all work installed pursuant to this AGREEMENT against defects in materials, equipment or construction for a period of not less than one (1) year from date of acceptance of same by CITY. 5. Furnish CITY with T.V. inspection and air test of the sanitary sewer collection system performed one (1) month before 1-year warranty period expires. 6. Install cleanout on consumer's sanitary service in accordance with current Utility Standard Detail. 981208 8 WATER AND SEWER developers agreement.doc TR 12734 Exhibit 2 PART III. CITTS 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 Utilities, or his/her 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 175 ERC's of water service and 175 ERC's of sewage treatment plant capacity for DEVELOPER. B. SERVICE CONDITIONS ON LARGE USER AGREEMENT The CITY has entered into a "Large User Agreement" with Broward County, (the "COUNTY"), in which the COUNTY has agreed to make future sewage treatment capacity available at its regional wastewater treatment plant. In the event CITY cannot provide sufficient capacity, as a result of COUNTY's action, the CITY's sole obligation shall be to refund DEVELOPER's contribution charges as described in this AGREEMENT, for those units for which CITY is unable to provide capacity, provided that DEVELOPER is not in default of this AGREEMENT. C. IMPOSSIBILITY TO PROVIDE SERVICE In the event that the CITY cannot provide sufficient service as a result of the actions of any regulatory agency, then the CITY's sole obligation shall be to refund DEVELOPER's contribution charges as described in this AGREEMENT, for those units for which CITY is unable to provide capacity, provided that DEVELOPER is not in default of this AGREEMENT. 981208 9 WATER AND SEWER developers agreement.doc TR 12734 Exhibit 2 PART IV. MUTUAL COVENANTS It is mutually agreed by and between the parties that the preambles contained at the beginning of this AGREEMENT are true and correct and in addition to them, it is mutually covenanted and agreed, as follows: A. ASSIGNMENT OF THIS AGREEMENT In addition to binding DEVELOPER, the provisions of this AGREEMENT shall run with the land and be binding upon and inure to the benefits of successors in title to the PROJECT after this AGREEMENT has been recorded in the Public Records of Broward County, Florida. However, any other assignment or transfer of DEVELOPER's rights and obligations is prohibited unless: 1. Assignment shall be done in writing in the same formality as this AGREEMENT. 2. CITY shall be a party of said assignment and shall not withhold approval of assignment unreasonably. 3. DEVELOPER shall remain primarily liable to CITY for the terms and conditions of this AGREEMENT unless assignment is made in compliance with this section. CITY agrees to execute a "satisfaction by assignment" for DEVELOPER if this AGREEMENT is properly assigned. DEVELOPER agrees to make full disclosure to any party purchasing all or any part of the PROPERTY encompassed by this AGREEMENT as to all the terms hereof, and with particular reference to the GUARANTEED REVENUES set forth in Section I of Part II herein. B. REPEAL OF PRIOR AGREEMENTS All prior Developer Agreements or Agreements pertaining to the supply of water and sewer affecting the PROPERTY are hereby cancelled and declared of no force and effect upon that PROPERTY which is the subject matter of this AGREEMENT. PART V. MUTUAL ADDITIONAL COVENANTS PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER 981208 10 WATER AND SEWER developers agreement.doc TR 12734 Exhibit 2 It is mutually covenanted and agreed by and between the parties as follows: A. EXCLUSIVE RIGHTS OF CITY CITY shall have the exclusive right to furnish water service and sewage collection service to consumers within the PROPERTY covered by this AGREEMENT. B. WELLS PROHIBITED EXCEPT FOR IRRIGATION DEVELOPER, his successors and assigns, and the owners and occupants of buildings on DEVELOPER's PROPERTY shall not install or maintain any water wells except for irrigation purposes. C. PROMULGATION OF REASONABLE RULES OF SERVICES CITY shall have the right to promulgate from time to time reasonable rules and regulations relating to the furnishing of water service and sewage collection service to consumers within the PROPERTY encompassed by this AGREEMENT. Such rules and regulations may relate to, but are not limited to, rates, deposits and connection charges and the right to discontinue services under certain conditions. The water and sewer rates to be charged by CITY to said customers shall be the rates now or hereafter charged to other customers within the area of service of TAMARAC UTILITIES WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and agrees that the rates are subject to change at any time by CITY. D. CITY NOT LIABLE FOR DEVELOPER'S OR CONSUMER'S PROPERTY CITY shall not be liable or responsible for maintenance or operation of any pipes, pipelines, valves, fixtures or equipment on any of the properties of the customers, consumers or users on DEVELOPER's PROPERTY other than the water main and water service lines (from the water main to the water meter) and the sewage collection system within .granted easements to CITY pursuant to this AGREEMENT. E. SYSTEMS ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD WORKING CONDITION Each consumer of water service or sewage collection service on DEVELOPER's PROPERTY shall keep all water pipes, service lines including cleanouts, connections and necessary fixtures and equipment on. the premises occupied by said consumer, and within the interior lines of the lot occupied by the consumer in good order and condition. The sale of water by CITY to the consumer shall occur at the consumer's side of the meter but the obligation for the maintenance of the lines shall be as set forth above and in applicable CITY regulations. 981208 11 WATER AND SEWER developers agreement.doc TR 12734 Exhibit 2 F. EFFECTIVE DATE Unless otherwise specified in this AGREEMENT, this AGREEMENT shall not be binding until fully executed, but once executed, it shall have a retroactive effect commencing from the date of the City Commission meeting at which it was approved. G. OVER -SIZE METERS ON SINGLE FAMILY HOMES It is assumed that a single family home on the PROPERTY will be serviced by a 5/8-inch water meter. If a larger water meter is needed, then the owner (whether DEVELOPER, Assignee or Homeowner) will be charged additional contribution charges which much be paid at the rate prevailing at the time of the application for larger meter for additional ERC's, to accommodate the larger meter. . H. CONDITIONS ON FIRE HYDRANT USE No water from CITY's water distribution system shall be used or disbursed by DEVELOPER or his agents, through fire hydrants or water mains, or by any person, firm, corporation or agency, public or private, unless the Director of Utilities has first approved the use and the connection, and there has first been made adequate provisions for compensating CITY for such water. DISCLAIMER Any temporary cessations or interruptions of the furnishings of water and sewer service to the PROPERTY described herein at any time caused by and Act of God, fires, strikes, casualties, accidents, power failures, necessary maintenance work, breakdowns, damage to equipment or mains, civil or military authority, riots or other cause beyond the control of the CITY shall not constitute a breach of the provisions contained herein nor impose liability upon the CITY by the DEVELOPER, his successors and assigns. J. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this AGREEMENT is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. K. RECORDING OF AGREEMENT This AGREEMENT shall be recorded by the CITY among the Public Records of Broward County, Florida, for the particular purpose of placing all owners or 981208 12 WATER AND SEWER developers agreement.doc TR 12734 Exhibit 2 occupants of properties in DEVELOPER's PROPERTY connected to or to be connected to said water and sewer systems of CITY upon notice of each and every one of the provisions herein contained to the same extent and with the same force and effect as if said owners and occupants had joined with the parties to this AGREEMENT in the execution thereof; and the acquisition or occupancy of real PROPERTY in DEVELOPER's PROPERTY connected to or to be connected to the said water and sewer systems of CITY shall be deemed conclusive evidence of the fact that the said owners or occupants have consented to and accepted the AGREEMENT herein contained and have become bound thereby. L. HOLD HARMLESS PROVISION It is mutually agreed that the CITY shall be held harmless from any and all liability for damages if CITY's obligations under this AGREEMENT cannot be fulfilled as a result of any ruling or order by any other governmental or regulatory agency having jurisdiction over the subject matter hereof; and in such event, this AGREEMENT shall be null and void and unenforceable by either party regarding that portion of the DEVELOPER's PROPERTY for which CITY cannot perform its obligation. It is also mutually agreed to hold the City harmless for any expenses incurred by the CITY'S use of the utility easement(s) resulting in the destruction and/or removal of existing and/or future landscaping and/or structures. M. CONTROL OF CROSS CONNECTIONS AND BACK -FLOW 1. The purpose of this Section is to protect the public water main against actual or potential cross -connections and back -flow by isolating within the premises or Private Property contamination or pollution that has occurred or may occur because of some undiscovered or unauthorized cross -connection on the premises or Private Property. 2. POLICY a. No water service connection shall be installed or maintained by the CITY unless the public water main is protected by an Approved back -flow prevention assembly as required by Florida Administrative Code 17-22, applicable DEP regulations, and this Section. b. Any back -flow prevention assembly required herein shall be of a model type, and size approved by the Director of Utilities for the City of Tamarac, or his/her Designee, utilizing accepted practices and standards established by the American Water Works Association, AWWA C-506-78 or American Society of Sanitary Engineers Standard 1024. C. Service of water to any premises shall be denied or discontinued by the CITY if a back -flow prevention assembly 981208 13 WATER AND SEWER Developers Agreement.doc TR 12734 Exhibit 2 required by this Section is not properly installed, tested, and maintained in properly functioning condition, or if it is found that a required assembly has been removed or by-passed. d. Single family residences shall be protected by a dual check valve, which will be installed by a plumber on the outlet side of the meter after installation of the meter. e. All services, other than single-family residences, shall be protected by an approved reduced pressure principle assembly or double check valve assembly, as determined by the Director of Utilities or his designee, based on planned water usage within the premises. f. Reduced pressure principle and double check valve assemblies shall be procured and installed by DEVELOPER, in accordance with the Standard Back -Flow Prevention Detail Sheet, which is available at the Tamarac Utilities Department, prior to the installation of the water service meter. g. Prior to connection of water service, the back -flow prevention assembly must be inspected and tested by a certified tester. If at the time of testing, the assembly is found to be malfunctioning, the DEVELOPER will be notified by the CITY and water service will not be provided until such time as the back -flow prevention assembly does pass inspection. h. Annual (or at intervals determined by Director of Utilities or his/her designee) inspections and tests of back -flow prevention assembly shall be performed by state certified back -flow tester. DEVELOPER/OWNER must have tests performed (with results submitted to Director of Utilities) by a State certified back -flow tester at Developer/Owner expense. The DEVELOPER/OWNER will be responsible for insuring that proper plumbing permits have been obtained and fees paid. N. WELLFIELD PROTECTION DEVELOPER acknowledges that property described in Exhibit "A" (is/is not) within a Broward County protected well field zone of influence per Broward County Ordinance 84-60 or within an existing or proposed well field zone of influence as determined by Tamarac Director of Utilities. If property is within said zone of influence, 981208 14 WATER AND SEWER Developers Agreement.doc TR 12734 Exhibit 2 DEVELOPER agrees to limit uses of property to those uses that are allowed by Broward County Ordinance 84-60 or as it may be amended. 0. PROHIBITED HAZARDOUS MATERIALS DEVELOPER . acknowledges that Broward County and the City of Tamarac have ordinances that prohibit discharge of hazardous materials into the sanitary sewer system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85- 52). DEVELOPER agrees not to discharge hazardous materials into the sanitary sewer system as defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85-52 or as they may be amended. P. VENUE This agreement shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of the Agreement is fixed in Broward County, Florida. PART VI. NOTICE Whenever either party desires to give notice to the other, it shall be given by written notice, sent by prepaid certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place specified as the place for giving of notice, which shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for the giving of notice: FOR THE CITY OF TAMARAC: FOR THE DEVELOPER: City Manager Prestige Homes of Tamarac, Inc. 7525 Northwest 88th Avenue 11784 W. Sample Road, Suite 101 Tamarac, Florida 33321 Coral Springs, FL 33065 Notice so addressed and sent by prepaid certified mail, with return receipt requested, shall be deemed given when it shall have been so deposited in the United States mail. 981208 15 WATER AND SEWER Developers Agreement.doc TR 12734 Exhibit 2 PART VII. ADDITIONAL PROVISIONS A. EXHIBITS The following exhibits are attached as part of this Agreement and are incorporated into this Agreement: EXHIBIT "A" - Legal Description and Legal Sketch on an 8-1/2 inch by 11 inch page of the PROPERTY. EXHIBIT "B" - Receipt from third party for a portion of contribution charge: Applicable Not Applicable X EXHIBIT "C" - A sketch of the site plan of the PROPERTY reduced to 8-1/2 inch by 11-inch page size. EXHIBIT "D" - A listing for the PROPERTY indicating the number of ERC's allocated to each building, the number of meters per building, the meter size(s) and a payment schedule of phasing (if applicable). EXHIBIT "E" - Modification of CITY's water or sewer facilities if required by the Director of Utilities,. if applicable. Applicable Not Applicable X 981208 16 WATER AND SEWER Developers Agreement.doc TR 12734 Exhibit 2 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ACCEPTED BY CITY OF TAMARAC GRANTEE By:�/ 7� Beth Flansbaum-Tal bisco Mayor Date: Id7 ATTEST: y Je4ky C Miller By. ',f i City Manager �- Marion Swenson, CMC t City Clerk Date: AIV lo`7 Aamrovetl►as t fo to By: � /," y--' STATE OF FLORIDA Samuel S. Oren SS I C' Attorney COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State foresai and 'n the o nt aforesaid to take acknowledgments, personally appeared 1701f ='. Ade known to be the person(s) described in and who executed the foregoing instrument an acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of Aa� zo 07 . NOTARY PUBIR-STATE OF FLORIDA Patricia A. Tedel S Commission # DD684007 '..'':T,'� Expires: AUG. 25, 2011 BONDED TIMU ATLAN77C BONDING CO., MC. �) Personally known to me, or Produced identification ) DID take an oath, or ( (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ) DID NOT take an oath 981208 17 WATER AND SEWER developers agreement.doc TR 12734 Exhibit 2 IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name ROBERT CONNOR Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF 6,rt,JasJ,: Prestige Homes of DEVELOPER Tamarac, Inc. Y _�� B 6 Jam,. Type Name BRUCE CHAIT President 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 E)r►-Lec. C a�j to me known to be the person(s) described in and who executed, -the foreg nio g /t instrument and _. acknowledged before me and under oath that 41. executed the same. WITNESS my hand and official seal this day of Mou 20/_. Kim I. Loss `o11y1Y P /i� Commiisssioonlra#p33280964 P m ''•'tro�'v�o ; 08 Bonded 1bru Atlantic Sonding C<)_, J&- ( ✓) Personally known to me, or ) Produced Identification ) DID take an oath, or ( NOTARY PUBLIC, State of Florida at Large .i . Loss (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 981208 18 WATER AND SEWER developers agreement.doc TR 12734 Exhibit 2 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, BRUCE CHAIT do hereby affirm that I am the PRESIDENT of PRESTIGE HOMES OF TAMARAC and that I have executed a Water and Sewer DEVELOPER's Agreement with the City of Tamarac for SABAL PALM SOUTH project and that I am the owner of the property covered by said DEVELOPER'S AGREEMENT. There are no mortgages held on the property which is the subject of said DEVELOPER'S AGREEMENT. FURTH AFFIAN • SAYETH NOT. (Si nature) This -?^d--day of fOg,:! 20 . STATE OF FLORIDA : SS COUNTY OF t> owa d : 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 C to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that ftc- executed the same. WITNESS my hand and official seal this Q,,d day of f l4m , 20 0:1 . Kim .t. Loss otrA ..fie CommissionODD338964 a;*-xpires: Au02, 2008 Bonded , Atlantic Bonding Co., Inc- ( vl') Personally known to me, or NOTAW PUBLIC, State of Florida at Large , (Name of Notary Public: Print, Stamp, or type as Commissioned) ( ) Produced Identification Type of I,D. Produced ( ) DID take and oath, or( ) DID NOT take an oath. 981208 19 - - Tamarac-W&S Developers Agreement.doc TR 12734 Exhibit 2 IN WITNESS WHEREOF,. Owner has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name ROBERT CONNOR Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF'Brb Jcir'J- : Prestige Homes of OWNER Ta a ac , IncBy: Z"'// L. . q Type Name BRUCE CHAIT President 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 —r ,) 0--ba� L to me known to be the person(s) described in and who executed tre foregoing instrument and lr acknowledged before me and under oath that Aexecuted the same. WITNESS my hand and official seal this and. day of )Qy , 20 o 7 NOTARY PUBLIC, State of Florida 1YPUKim 1. Loss at Large Commission #DD338964 Expires: Aug 02. 2001S Bondedlh=L L Des rw ^'� Atlantic N)nd'ngCu. fr.,: (Name of Notary Public: Print, Stamp, or type as Commissioned) ( /) Personally known to me, or ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 20 Tamarac-W&S Developers Agreement.doc TR 12734 Exhibit 2 Block 1 Block 4 # OF CIAC CIAC CIAC # OF METER LOT # UNITS WATER SEWE FEES FEES FEES MET ERS SIZE R 1 1 1 1 1700 2200 3900 1 518" 2 1 1 1 1700 2200 3900 1 5/8" 3 1 1 1 1700 2200 3900 1 5/8" 4 1 1 1 1700 2200 3900 1 5/8" 5 1 1 1 1700 2200 3900 1 5/8" 6 1 1 1 1700 2200 3900 1 5/8" 7 1 1 1 1700 2200 3900 1 5/8" 8 1 1 1 1700 2200 3900 1 5/8" 9 1 1 1 1700 2200 3900 1 5/8" 10 1 1 1 1700 2200 3900 1 5/8" 11 1 1 1 1700 2200 3900 1 5/8" 12 1 1 1 1700 2200 3900 1 5/8" 13 1 1 1 1700 2200 3900 1 5/8" 14 1 1 1 1700 2200 3900 1 5/8" 15 1 1 1 1700 2200 3900 1 5/8" 16 1 1 1 1700 2200 3900 1 5/8" 17 1 1 1 1700 2200 3900 1 5/8" 18 1 1 1 1700 2200 3900 1 5/8" 19 1 1 1 1700 2200 3900 1 5/8" 20 1 1 1 1700 2200 3900 1 5/8" 1 1 1_ 1 1700 2200 3900 1 5/8" 2 1 1 1 1700 2200 3900 1 5/8" 3 1 1 1 1700 2200 3900 1 5/8" 4 1 1 1 1700 2200 3900 1 5/8" 5 1 1 1 1700 2200 3900 1 5/8" 6 1 1 1 1700 2200 3900 1 5/8" 7 1 1 1 1700 2200 3900 1 5/8" 8 1 1 1 1700 2200 3900 1 5/8" 9 1 1 1 1700 2200 3900 1 5/8" 10 1 1 1 1700 2200 3900 1 5/8" 11 1 1 1 1700 2200 3900 1 5/8" 12 1 1 1 1700 2200 3900 1 5/8" 13 1 1 1 1700 2200 3900 1 5/8" 14 1 1 1 1700 2200 3900 1 5/8" 15 1 1 1 1700 2200 3900 1 5/8" 16 1 1_ 1 1700 2200 3900 1 5/8" 17 1 1 1 1700 2200 3900 1 518" 18 1 1 1 1700 2200 3900 1 5/8" 19 1 1 1 1700 2200 3900 1 5/8" 20 1 1 1 1700 2200 3900 1 5/8" 21 1 1 1 1700 2200 3900 1 5/8" 22 1 1 1 1700 2200 3900 1 5/8" 23 1 1 1 1700 2200 3900 1 5/8" 24 1 1 1 1700 2200 3900 1 5/8" 981208 21 Amendment to Water and Sewer Developer's Agreement TR 12734 Exhibit 2 25 1 1 1 1700 2200 3900 1 5/8" 26 1 1 1 1700 2200 3900 1 5/8" Block 5 1 1 1 1 1700 2200 3900 1 5/8" 2 1 1 1 1700 2200 3900 1 5/8" 3 1 1 1 1700 2200 3900 1 5/8" 4 1 1 1 1700 2200 3900 1 5/8" 5 1 1 1 1700 2200 3900 1 5/8" 6 1 1 1 1700 2200 3900 1 5/8" Block 8 1 1 1 1 1700 2200 3900 1 5/8" 2 1 1 1 1700 2200 3900 1 5/8" 3 1 1 1 1700 2200 3900 1 5/8" 4 1 1 1 1700 2200 3900 1 5/8" 5 1 1 1 1700 2200 3900 1 5/8" 6 1 1 1 1700 2200 3900 1 5/8" 7 1 1 1 1700 2200 3900 1 5/8" 8 1 1 1 1700 2200 3900 1 5/8" 9 1 1 1 1700 2200 3900 1 5/8" 10 1 1 1 1700 2200 3900 1 5/8" 11 1 1 1 1700 2200 3900 1 5/8" Block 9 1 1 1 1 1700 2200 3900 1 5/8" 2 1 1 1 1700 2200 3900 1 5/8" 3 1 1 1 1700 2200 3900 1 5/8" 4 1 1 1 1700 2200 3900 1 5/8" 5 1 1 1 1700 2200 3900 1 5/8" 6 1 1 1 1700 2200 3900 1 5/8" 7 1 1 1 1700 2200 3900 1 5/8" 8 1 1 1 1700 2200 3900 1 5/8" 9 1 1 1 1700 2200 3900 1 5/8" 10 1 1 1 1700 2200 3900 1 6/8" 11 1 1 1 1700 2200 3900 1 5/8" 12 1 1 1 1700 2200 3900 1 5/8" 13 1 1 1 1700 2200 3900 1 5/8" 14 1 1 1 1700 2200 3900 1 5/8" 15 1 1 1 1700 2200 3900 1 5/8" 16 1 1 1 1700 2200 3900 1 5/8" 17 1 1 1 1700 2200 3900 1 5/8" 18 1 1 1 1700 2200 3900 1 5/8" 19 1 1 1 1700 2200 3900 1 5/8" 20 1 1 1 1700 2200 3900 1 5/8" 21 1 1 1 1700 2200 3900 1 5/8" 23 1 1 1 1700 2200 3900 1 5/8" 24 1 1 1 1700 2200 3900 1 5/8" 25 1 1 1 1700 2200 3900 1 5/8" 26 1 1 1 1700 2200 3900 1 5/8" 27 1 1 1 1700 2200 3900 1 5/8" 28 1 1 1 1700 2200 3900 1 5/8" 981208 22 Amendment to Water and Sewer Developer's Agreement TR 12734 Exhibit 2 29 1 1 1 1700 2200 3900 1 518" 30 1 1 1 1700 2200 3900 1 5/8" 31 1 1 1 1700 2200 3900 1 5/8" Block 10 1 1 1 1 1700 2200 3900 1 518" 2 1 1 1 1700 2200 3900 1 5/8" 3 1 1 1 1700 2200 3900 1 5/8" 4 1 1 1 1700 2200 3900 1 5/8" 5 1 1 1 1700 2200 3900 1 518" 6 1 1 1 1700 2200 3900 1 6/8" 7 1 1 1 1700 2200 3900 1 5/8" 8 1 1 1 1700 2200 3900 1 5/8" 9 1 1 1 1700 2200 3900 1 5/8" 10 1 1 1 1700 2200 3900 1 5/8" 11 1 1 1 1700 2200 3900 1 5/8" 12 1 1 1 1700 2200 3900 1 5/8" 13 1 1 1 1700 2200 3900 1 5/8" 14 1 1 1 1700 2200 3900 1 5/8" Block 11 1 1 1 1 1700 2200 3900 1 6/8" 2 1 1 1 1700 2200 3900 1 5/8" 3 1 1 - 1 1700 2200 3900 1 518" 4 1 1 1 1700 2200 3900 1 5/8" 5 1 1 1 1700 2200 3900 1 5/8" 6 1 1 1 1700 2200 3900 1 5/8" Block 12 1 1 1 1 1700 2200 3900 1 5/8" 2 1 1 1 1700 2200 3900 1 5/8" 3 1 1 1 1700 2200 3900 1 5/8" 4 1 1 1 1700 2200 3900 1 5/8" Block 13 1 1 1 1 1700 2200 3900 1 5/8" 2 1 1 1 1700 2200 3900 1 5/8" 3 1 1 1 1700 2200 3900 1 5/8" 4 1 1 1 1700 2200 3900 1 5/8" 5 1 1 1 1700 2200 3900 1 5/8" 6 1 1 1 1700 2200 3900 1 5/8" 7 1 1 1 1700 2200 3900 1 5/8" 8 1 1 1 1700 2200 3900 1 5/8" 9 1 1 1 1700 2200 3900 1 5/8" 10 1 1 1 1700 2200 3900 1 5/8" 11 1 1 1 1700 2200 3900 1 5/8" 12 1 1 1 1700 2200 3900 1 5/8" 13 1 1 1 1700 2200 3900 1 5/8" 14 1 1 1 1700 2200 3900 1 5/8" 15 1 1 1 1700 2200 3900 1 5/8" 16 1 1 1 1700 2200 3900 1 5/8" 17 1 1 1 1700 2200 3900 1 5/8" 18 1 1 1 1700 2200 3900 1 5/8" 19 1 1 1 1700 2200 3900 1 5/8" 981208 23 Amendment to Water and Sewer Developer's Agreement TR 12734 Exhibit 2 20 1 1 1 1700 2200 3900 1 5/8" 21 1 1 1 1700 2200 3900 1 5/8" 22 1 1 1 1700 2200 3900 1 5/8" 23 1 1 1 1700 2200 3900 1 5/8" 24 1 1 1 1700 2200 3900 1 5/8" 25 1 1 1 1700 2200 3900 1 5/8" 26 1 1 1 1700 2200 3900 1 5/8" Block 15 1 1 1 1 1700 2200 3900 1 5/8" 2 1 1 1 1700 2200 3900 1 5/8" 3 1 1 1 1700 2200 3900 1 5/8" 4 1 1 1 1700 2200 3900 1 5/8" 5 1 1 1 1700 2200 3900 1 5/8" 6 1 1 1 1700 2200 3900 1 5/8" 7 1 1 1 1700 2200 3900 1 5/8" 8 1 1 1 1700 2200 3900 1 5/8" 9 1 1 1 1700 2200 3900 1 5/8" 10 1 1 1 1700 2200 3900 1 5/8" 11 1 1 1 1700 2200 3900 1 5/8" 12 1 1 1 1700 2200 3900 1 5/8" 13 1 1 1 1700 2200 3900 1 5/8" 14 1 1 1 1700 2200 3900 1 5/8" 15 1 1 1 1700 2200 3900 1 5/8" cabana 1 1 1 1 1700 2200 3900 1 5/8" TOTAL 175 175 175 297,500 385,000 682,500 175 5/8" 0 DUMPSTER(S) CONNECTED TO SEWER a(7 1 ERC EACH = 0 ERC'S (SEWER) TOTAL ERC'S 175 (Water) 175 (Sewer) THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 8" DIAMETER AT 6" DIAMETER AT DIAMETER SERVED BY WASTEWATER PUMP STATION NO. TBD 175 ERC'S _ 60.92 SITE ACRES = 2.87 ERC'S/SITE ACRE 981208 24 Amendment to Water and Sewer Developer's Agreement TR 12734 Exhibit 2 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. r� SEAL P.E. # Jay M. Huebner, P.E. TYPE NAME 981208 25 Tamarac-W&S Developers Agreement.doc TR-11301 TR 12734 Exhibit 2 EXA71BIT A A pofftic -rJ. of Ti;zcts 4 Audl S OF '?OIL",T rt.AIDER'D/a E 1F 1R,U�$C, FA MS SVR{'01V1$T0'N` Of SmctIOn 13, -TI O wamalhiip .0 SIDUtIVAarp 4.1. FApL 5,mw,mrfti Cot►rrzy, Roaydss„ recorded ill, PDat Dook- 4. PW .11. Fubllt; Rcourb of Browmy)d t"aarrVty, DF(Or[t1u, 1y ng mora prtxt8auioAy doxn%cd as wo sr CQR-) rcrocan9 M U Narthwwest corner of sold i5cetkom 1.3; tbenae Swth goo '2.S"lrtrst 210119' tht NWQ laic of ;said Sedion 1.3, a dlObtrsvc; of '17i 5.06 feet. thOrme 5mIk 00`131074 post, a distwice *f 57.t1t i %.' W tiny. Poem at 13taeinsing; of this description; tRr AC't cparaitat,e S00471 oP1"IV0CT"• Skst, a di.stama or 1:145.5.2 feet. zb and SmAb 891147't3t I V;+'qq, a distame Q 025-00 I�C4 ihmce 5oatlt OV 13'0+1?" fit, t l-ORS a 0irro. 50,00 fret Fast ot, And par'nllef whh, as. Wzrstrt'ed at rot nmglras. to, 00. West Dine ot" "Wd Swim •t3, is ddst"PE of 9154! 001te� to a Point cars the ;N'n:c h ,ri&ht-crd'-way line of t ,%V1 500 'Ima, asst own tar, tD e. lP12t "THE MA.[rit'1..AN:L�S Op TALC LAKES6�r�'10M'". ro;o.rdad in Plat Book 6.� NO 44 Public R=wd4 trlf`B"aid Cou.uty. 1~lorl+da, (:staid pQIW beDq ft-rtlrer rfamjfMd as bring an the = of a cimlar mrve too %ho fe& tvaroga. radius irortct.b-aasr; Natt9r $0°47''60"fast, fnt m the We- poitlt}; thgmoe SoWbetlyr . arrd .Eastaxly along the wa ofo4id cur vej having orr,Wc> ha of 2$,00 feo>k a eeottrul A & Of 9DIV0'W' ,smd ae ;wry, iSQtngtir cW 3917 fea tc, The point: of rar>pnc�y; theme- North U-04 a'00"' Bam, a alistmtaca of 175.00 .far , Ibe,1nia two deocribed raoutrses'Wrrg rmirrcident wr4 mid NoTib rriSbc-:of wway fine of N.w. sP Srtftt7 TheNorth 001113'00" west: tt, diatuom of 505,W 16et, to the ptnirtd of cwrvarum a s cculu curve tea the tight, tlw= Nartl140y inn 1Fnterly along the Ire of ;call curve havino a radi-Is of 135.Oa feet, a centrsril angle 0.f 93,00"t3b"' and .eve arc Aeargth. of 212,1061C, eo SFi poiht nt'SaAatnc.'y„ clrerror" Manly gg°47'(�^ i d�Ga�re oI2b5.00 f��ai; ItIC 1"t 41e0" dwir*ed cows being c0h$ idM wp.th thO Westaiy and Northerly boundary 101M of Block 113. mf rsaid Pist Of "MR firG,trNLANDISy OF rAMARC LAV.EC 6,111 SW- 71--ON, ; Thrace Nonh. Ar l3 oull 'Wta'est, along tho Wgmgrrtsy Uiac aef Lo I., Block I Iof said plat THE MAR41-ANIDS OF TA1rdARAC .[,A1K&s 671 SECTION" .000 tlrc Northerly pmjca"On of'the'1 txterly b'auitdVY tide (krR10wk 10-7 of -Mid PW 'THE MAINLANDS OF TAM r RAC LAKES 0' SECTION" a d9maaec of 1549.41 Wt. thence North R9m47'(W n�.t;. a. dfistame of. 90.00 fbOt' thv;`hce North >70°>lP001'" We39, a •dir;tnlloc of 11.6.82 Gent; th+eW N04b 44°41'0;" i4 lemt, .a. dastmrtc+a of 25.03 &.0;, therwe: North 81-009,250` Vert„ 010ag. a "' Pw4lel 4UN as srraaewed aa- 68m 915les toy d1c N04th tice Of 84id 50WOR 13, s. diatq,rce of 347,52 feet to the 1'aair'c a1 T0CfBTkWIWITff"ffM FOL.S,Q">rVIKO DESCRMED F1►i R(ML; PARCJ�I S; TR 12734 Exhibit 2 A pordoaa, or 7 taci# 2, 3, 4..S. it2 Or "FORT �.AUDM LE . SUBDIVISION" arf' �S caiOn J3, TCw"$hiriP, �4-9 Soutk fto�p 41..1xns4, l)roward Co � F&Dr"dl" rt:c'opded in Plan :UOO k 4. Pap 31. P'ablk Rte�rnYla, or �rar� btiog,mor*a PwiCUI W4, described os,f joins ard COtoraiys. Nml,5s, COottttbera ils at Nooth,west Dorrwr br said ;S6000a 13; tatt:nRIORt a Svztah g9"K19'2S'" ll as , ENS; A ist%0 t Dome of SAW �r l'*" 1-3, a. dift0m .e Of 78 4. U �oG; th=ze sawlb,00013'0(r" NiDu Fsa C, �, d'asta ae �tf' S5_48 l"tet, rta the i>' in1. df B40. r.1a o� tlbiq d �CcAi�redora: t11e e tS1WOut' S0011h. 00t3 00" iKet, n dklam �tf �1 . Ek dCC2, tJtevree w�x�satDn ?h "Q�9'"r S" Ew., clismnce of 967. 5S ftt, tp Ibe riLbt; IbAnce Pasty -$Ad, Southerly ttlooz- 0w eta a said axr O thtdxiRA aA a'rizd us of-626.41 feet a ocam,l #mglrs of S0.36'0S" agbcl as ,rura acrrgah aj' 553'68 Stet, tea t>1 'Pt elaat"Acy; thrOA" SCUM 3813': 4' But, e. dl�tame -ai' 101_04 fer c, otr tine 1arirra 'of cuuva Am Ora Cirt`rular, outer tO this right; tat�mrree 1 early and !4"heOngrad 1Qstterly elortS v�� ,qrc Sri' saa.d Gurm 110149 au Mdaaaa red` 1�45,0(1i IC�cE, e rty g7tr�l ty4ri le of 76�50Y37' old aaa arC length at• 174,47 tepkt to tclae pobtf Of teat IE�tb k1>rtttae SO�tii 3$gt•i":�� '�a�t, �; �dast�laaoa of .0'7 dbt! •tip �hc poiiat f ' evaatrlar aar+ to rftc .heft: tht rye 4�4"oof �ia��c�, � o st'a Brix! goushgdy ml00g the sire of s.aad curie having a..ra.ditatt Of 9$1V'Q- f9ct,. A c0trAtA09J.4 ON1'56'40" g4 an me length of595.:9A .feat, ra a "'no oat t*te atV Of A circ*r curve to the right, whogo r�,,diu,s point hears 'kwi la 3t;°.i.S"32" cut, i�arn t1ltt ,last deara"iEoed J�rytjrard; thence Southeext�c0y sr'd Nlyra�specty atoO� the arc of said eanmItacnnlq ram. of 125.OD fb,et, a cenirol at►-zle of 23 D° 17' aat6 tail Arb la h of 502-.40 fbet,10 a ipoird acompauOd ctatvacure of A ci.rciajar dre la iv 41acright;filrcnGe lVaa+�tlicasacri ►Wo�ngthe arc argojd'v rrw havloga rvaivs of 1150-Co,fV4 a. contral,110$10 Oi' 3'7°06'4i " and em arc leikgth of 744.07 #fast; thence, North $104ZI fi0^ West, a. dismft of 2S.;i6 feat;, to plan paint cifCtiryettare tri"a citcularcu m to rrlte ragt.iat; iller►oe lrlartarry arter]�v' pltrr.S tppO am of';aaid Guaays ltawang a 1,4CRt Pop570,00 f , a r-er.811f; artSda of 4 "tt1y 10" rw and am arc leu pol) of 436.1 l Set; the 1aSd sup; deacri'hed coursw beln� 00111ciderrt with. the baartidary of "THE MAINLANDS OF TAM t't,1tAC LA K>~S dr' SEC"ON", r�re�rnrelad hat i'lat 000k 63, PASt M; >buNk [+,tcWs of Ryovgrtl Cattarty, F7aridai . TIMuce South 8,9047'WI W69� a drsTataca Q-F ,1.75,94 rcct.10 ta. point O# Rim. tw.re -of it rircpeNar aauuw too the jek' th4;* Wguctdy u-ad SOUIlterty 'long tbo arc of sead 1�r..Ing it mditsaof25,00 fm" a tram al 9000 0•F90'°00'00" end. An, arc,Y,cV6t rt"3�.�7 dEaet; to tf?4 �tainR ad` M410 W, the term two de.%c;dJ.bcrR courser being cuitretd waits. t1,c 504towily boa+ialaey of hart. Spy' ;Street, av Sbmnm on sm'd Plat '*THE- MAINLANDS OF T.WAJ AC LAKES. 0 SBCTION"; th.mm Soulh rsr1.1"00" Eln al�at�t is Tina 50-00 Ebel. S.ag.. Of , 10d. pz+LAO with, aj. ,rar�d sup,,ti;h1 atrina to,, rite West alma txPBdrtctaatp I, a dvstartae ct' 174,4fact„ to e noinil.90 tht'-North fine of32M Taect M thence North 9945'42!'Wext, sibrdg tha Nwh line 4OM T't'tt t27. adWaw*of 10.00 fees, tjj000r :S,vtntlt i7Qr°T3"rjp^' EaaXw along a ihnt 40.AQx k9t East D ard ptaralled wi'jt, +be 0fwti.Wed,at, jight, An$1.tt 1,0, thus best 11rae afsaid SecOoa►13, a distance of 1320,00 feet,,11) a.po' t Ott th'a S0111A titne� Trm.ct Tltettcc Rot#ja. >1,'D 15 42," Best, a1009 the SQLAh. Gnr: tri" uld Traci 112, tt di$R,as7ee, of M 22 feed,, to a p0101. on. the aria Ora meroilor o," to the 61,hx, w.hm radium poam; bew $utrllx (540417''.2:5".:Eaxr, from, the JR0 descrNd' point; Themce Nora6Eaa"gtly along tare sera of said TR 12734 Exhibit 2 tiurae hAvIng a rraadius of 778944 §6K a. oeratrd za;0e t FJ'AAMI'5.S ' wd MI on lalkeh of 177S.52 ti*at 4o the pailrC oir't9ungem ; tbenoe, Xorr&h WI7'30" Ept, a disime of 20.88,09 'the .UM two desaril)ed• wWjh tho-Wagel.1y right -of wpy line a�f't9aer S�nsltiinr;StAR�•�.}4c6��iy,; ' T.lhoaaae RDY-th 33` 56'43" West, a di sfuze of 601..37 foer, jheace 'N,*t4h A. I "S4' Y9" East, a dist¢innu cif to0 liede, iP 4 Poird •trrr Itr" am lsf 8 circular cuNfe to the Jlan., wbow radius lam'int t+aa>is Salt 41°3 '19"''�Ur�vOr ftp 1 tt: l � dts,4etl�et4 saint, tifiel0.tae'i3letttcrlp ad�attg i4e arr. of Wd CuNt; kaving a cadiaoa of 887,93 -act, a �cwtraal. a»j9er of 4 f °Q3.44" axrutt an Rertgdh. od' b3�,a„ fast, t'4Y't�dAG �ii.tOt o1°tttla;r�t,^epcj'; tlpd[11CG�,�C7.f'P.Jd 8'q�`C1�'2.xi'" '1�i�CTtr & a Ue 67M, feed S"tmh of,, mad p:a IkI uit4t, a+, wow.,wed qt. right ongles to., tht Noxtb line of'soid, Svoican 13, s, dinalma o f.953.01 feet; tinet'tae $ocO4141E '4&' Wvsa. at diratamot or' 73A 7 fim to the POW sit .04Uning. 7'C7opmmg wyni i iE.r.ou.,fDwlNo DESCRID T'ARt FL — A portion of Tracts ,D..14 and '15 of.Scctiora 12, Townstip 4.9 Sooth, R-ailgo 41 B ast, and a portion of Tracu 2 and .3 Qf Sec oa 13, Townships 49 South. P grAl East, according; to 9be PJ•tat thwwf, of TORT LAcC3MDALE TRUCK FARM' SAJBDIVjS(t3Nv", ue recoWed in l'9at lt3otalt' 4, P,84 3 t, mhoc iPAmnis of amw arj C:vunryr Modda., tieing move particokly desolibad a f llo we Corm-encing at the. Soucllw?st, corner Qf asid Section 1.2;, the=- Nordl O4°03'O." Wass, aaoeg thl a West Ow of'sdid Sccfiom 12, a disoAv.ot of .60, 01. t'ewrt, theocxe SavAb $0,1051'25" Eaix, a dis men of 8736 fret to tie !Fount of Dolonaing of this odevt'i tion,, theMaa North 4404-1'35" West, i diwt.g a of O.M. foet; tEwne Nwt�. 00'13'45" 1J lm. aiong a liars 5 .00 feet East of, road lroWlel w i1t; as imswrod at 'rloit Appl4s w, the livest lira oaf:gaki S0000 'i 1.2,. a: as4' Tt" of, T224,t 1 rve1, W. a Point5,00 fast South qf', wid ptmllel 1001, as nmsurtld at right orgies tv. the Nadi litm of mid Tr= 13; th"ce Sala h 89"�'25" Snst, along, a lane $.00 feed Smith faf, scud parallel wkk 03 sne+ wed at right anslea W, tire Noa b Jiro of stud Trusts 13, 14 and I.S. a distawal of 3909.21 Beet, tc the East line -of 6,16 l :C'ract 15; tbeav*a South W12`5a" ralf along the Ease 3iate orsaaal'ihwl 15, a diaimvg. o:f'38t.98 'feet; Thence Soartti 44." 1 II43" West; •a. diy anoo Qf 197.50 f6m w 'Mace Soath. 7712713.3r' Wrreat., 4. distonac of 174,1.5 fM,. TlhewtNortla 78134.'PRIWt:sb, a distant, of30.90feet; Theno South 52°'55'08'" west; n sfighfto 42114.97 f 4t;; Thetrce Saudi 27 011440"Waat, a &stawco of358.8Z Get; i7awiace SoYubb 41717' Bswt, a doststtae of 503..11 6q, to t poirut on the Wwt right -sal', way fern of *A Sion Abc State Parkway. tlmca South 3SO17130" Wesx, alatlig titicid Watt rigbtroF.wxy flans, adistrKr�oe aQ�b92,42,1°�et; Thence Noi•th 4"=1'54" West; a Akan* of 294.45 fficet: Thence Kortk 47 $2'2.8V' West, a dini.ant c of°273,19' feet; TR 12734 Exhibit 2 Theno South 4V 54'1V' ►illr'art, z distance or 1 S.0D &ot 10 ati orrtev^5+e�kucpao,�ittn Yb� r,�c �f .e 'cinul4r cure lids the lA -whu" rAAUS: Poinft befsrs soutf, �kets , Itod.A tlyp last• desccibyeit-Poinr,; TJaa~rw NQitbcrly ems. Wwwrly $*TS thg Erc of*stW cagv% havitig. a refirpg of 1�014.V3 *rr, a certuil wiMe of 41ft61" " and An any,* fitristh of 727.37 feet. to t,h+a Poltat of tz'nsetfCy� 7 how North. 89V9'2.5" wag n• distance of 9.75 Rea. Tltedca:',North OrP-30"35"Bast, a. disitaoce o, r�4,3.00 ffoet; Thence North it'9°Oq' 251' West, #r tl.i atunc* *f r4O.00 fact; '�?."lavoai:Nva�ft, �DO'°SO'35°' F.a�sr, a. diaxatace• ►:�F >I Sl .?7 trchrr: 714onrc;e South A.V09'.15'" East, a digame of I i t.fiti ftet; Thence -Souclt 00,50,351» west, a di.svanc+e'.M*323.00 feet, to a point of cf.fxvatwre of it circwtpc cum,* to Otto left; 'rhonoo 'Southcrlly and .Eute.rlyr aaloq dw tm -orcurvo havarag a Mdlus of 310.00 foot, a centml, air%Je or 60*00"00" ;Prd, snare I05th 03203 4er, to the pailirt of enger►ey, thence Somh 59"09'2.5" Bast, a divr4no a of 29100 6 -d, w the paint of ctArygtvre of a. 6irullar Curve to the ldh; thtnew .Sout:hesswty artd Notthesswly along the arc. of SAW CUM (taxing sr ireQl us od 111.06' t'M 0. c+entrwi.engle or 11612013" and an urc. lengllt of 27435 feet, I* Uz point *F rawet"n outrw wre. Qr ai cirvolar out'vu to 11)"r root: thence Northerly amyl •F.atiudy doing die :are of giwidl curve ➢raving Aradiu& gad' 720.00 feet., a ootttratl aartsle of 43"3319" srA ev arc length of 547,40 feeq, 10 tJ1e po7fnt ol` re�vse curvature -or Pc c imik ar, curve to the let, r�qnro Easmerly ohd Northarty aticarig the xrn of viki cvrvc having a radical, oF220.00 feel. a mn,trrrt! an& 4z0044'55" end tan. Oro loath, of 17 1.,11 fioet tic sa. point on the are ol"a cirrtulagr eurue In the Tell, Mon itatdius point Footers North J1V l.n"QW* 1peat, &am tits last �cscr;,bdd poilm, thaice Ee,atarb% Nortliorly and woo'edy along the are CC"id owve hatvitig a radi►rs of 120.00 feet; n centtml angl* of J9802'5'23" and are arc Janlgth cr 415.59 fi otj to the paint bif vaj)pienzy, 1(!r Vice Norfh 89" N`25" West; falt►gag, Cling 27,S.00 :0"eec• Scwh of'a nd .pirsfllel with, ws weUumd at right w5kd Co tba. Nonni Nne of laid. TtacU 13, 14 stud '15. a dt'ff(eace of 221:0.00 -`oat, tea the' point or cuirvmtvre or, it eirculer curve tag tM leflt; tbowe; Weztea9y, Stab, na y Und BasIO)y 210rfg the sate of said canes hawing a fOlua of 120�.00 f ot,• a �centrat anApa off' 2�4 ° 18•' 43'" and. wi sro lengtfa.-of 4190.75 f o; thence wSoudi 8.9109'35" Eamt; a distance +a£ 775.*53 *w, thence South OVSO"3 5" 'Vest, a diiq=nee of 2'76.17 irw; tihimc•e North 89109'25" WOO, a. distance of 509A (eed, to the poiarr of curvature of & circm►tar curve to tbo $OA; .tharace. weverly afnd SoufRil+crly Vons the arc of '"i'd curva hmvaislg •R r;0tws of 155,00 flsn a, cc*•er'al a ns)t ,of 5114.9"54" and an aM It.-nga of 1,,40.22 "act: to the point of to alan.zy, 1himm Hugh 399100'41" Wast af, djManoo of 162,13 feet 2a tktts want of ctrrvaaavre of a Girttukat- Cgnv to alas left; thence '+lipciatur.)y and Smitheiiy sJ.Qng fire am of said outw haviiikg a radius of IS.5.00 feet, P. cwtrayl ,anglcl O3S°10,061 and on anc ler>,gth or'10,276 rcet to the; point off'w1gole'y: thou Sourtla, 50'35" Waor. a asst;attce. o `233.3s fmn., the kst. towry degarked rOVVAA be►tt coincldctn with th,o bound■ry tuf `'M MAINLANDS OF 'I`at►MARC LAKE.% ;t SECTION", raraoMed in, P➢t+t .Book 0, PASe d, Potft lUcards of'Is ro waurd.County, Florif3a; Qgnoo NMrOi 9r0VN•" West, along a 13w, 60.00 fi6c4 North "tad •pamild wkth, asp wasurcd at right w8lea to 'Me South hne Doff' said Sectioaa. A 7. a ddua roe• of 762.76 fow: to thl o .point of Beginning. TR 12734 Exhibit 2 .LM AND :1",XMT ,hm tke 1I 0v0-t8ar=rlW PARCEL C, shp.- follaWRr g •t16%. di'hed. port+ oorla:nd.; prictvcrtn taE 7fraxcs 1 s Soolion 12, 7-owinship �49 ;xoutt« jUnga 41 EaaC. ;vxo dons 1a t>b6 Plot. ".'FM'r LAMERDALS TRUCK FARMS SUBIDlVI8.10IT', t.ogtrticd in P. Book 4. Pago, 31,, Publio RoO0 + of 1kaward Comraty, ROMP, bdng .1wie portio0 urly do=ibed as .follt : �Coz cndrkq at tits Southwrwt coalor of Did 9. Socan 12. tbe= SStSAh A9°40'Z5" 1~tnX atlkang that Soakfi. Jim of'said Sdr Lion 1.2, q d'agaarce, of 53,01 feet, tbertcc Nor•tN Oxoe 1.3145" NV.e%. a. dastaroce of 4$9,16 fe> t to (e Pciant of Bt�gbrw i'RZ of (Mg decoripdcm, V1191w., soafl.otre North WIX45" 1a►CA,• •altrnit the :669 6AX-of-Way lineof RX)4, 181hod Rasad ('staid Ent, hebn$ 5),M feet East of. and..paradlet IWO, as rromsul-o 0 at right .me &Y W, rhe 'Wiest litre of'swidl Section 12), a. distafte of -825,95 fetrA. to a ltaint 5.00 fWt gov1ah Qf, mid parouej mtji, as measured As ritbt. imalt:s to •tthe Noah line of Tra,et, 13 of Said SM1011 .1.2, Township 49 S•otrth, Rama 41 Fast; tbalce SO* 491'49'V' Ea tt 8104g ,Wd lifte 5.00 kt. liouLb or ee Notch line of. SQad Tact Is, a distance of 60100 1'oed -ft wo South OV1.3'45" Esi, a dim,n = of334.4 Beet to a point on tho arc of a circolar mh" to the 14, v-hwe. tradfus VoinL bags SOUth 61'3;1`Sd twit, from t.1ta b4t docribed po+'nc, thence SnVOexly ftlor4 tM. alirc of said Uorye 11 tong a. frodia±i or 120,00 f0ed. a antW sta.0c of 57"19'51" and err gm length of 1*20,07 fete fthe last described citrya mW boiog the. %slyly 1i:no of- "TIM, MAINLOW. AT TAh4AR.,kC I.aZS 7" SECTION as recorded In Plat Sock 61a, Pagt 4, Public Rracardtt of Browvrd Cary nly,' 1+.lorida); ftme. Soamla 00113'4V lot, a distaunce of 54539 %ea to it pow on tbe-Nartherlw -eight-OC6w ty Hine c+.1, wear t:ommem+cfat Boo.1tvar4; there North 89V9 25".'+ uc elong 3ruid Norcharly *.t-orway t'irre of Woo C',onmraca)etatl Boarlevord aced MoRs a1bia d07.00 fret Nelt-11 of, ,,jgd para.11e1 )With. as measured 4bt,=.S1C;6 to the Spiglu line of 4tUd Se:1'.lom 12, a d1.9t1Enot 0000.00 !feet; Tlho= N-arth oo°13'4S" West, as dWa roe of205,t 0 ft. ; Vivicae North 89°4425" Wert; ab clis fvw Of 1,82." feet; Thence North W) 3'4i" Arest; .t disla n" nf2'ZO 5 fe d' ILlanco Norr.Pt+ ;39°Q9' 3 S"'w�tr.t., a cl;i±raartcc a51M 17.44 tlrei tt� the Pgirvt: t�F.Brenitt�, `Lira bearings 3s arl m lweon are bucd upon the .Flat `0'TJE M1 .A LVM5 OF TAM.t"t,C 1..00S. d" MCT1t7°i� . a>roard:d in P7 t.lBook f►5, 1''uge �15; and thR filar ' *HE NfAINL'.ANDS chi` TAMA C-L.AR12S f" SFrCTTGV', re4orded in pleat Book A Pagc 44 both. of 04 Poabbc RarordS 0fBr0ward COV"ty, r7lk Aida„ TOG', w,�"ER, WITH: s tt�rr�ea siivc a�ac 0 �Caso6per>,t As swt •T0t% MOM fi 1Y iro thRI. ccet�iin: A= S " COMA. dared 4,116/'96 ra�r�ed 11�Sd irr O..R. Bank 13•tS7t7, Pt$e 941,1yu.baic ; 4Wvaka.,.0fS:rcrW&TdCvuttty,:Florida,. •INN `-t !- 1 JJUMKT flb-11) 2 N t MMN■IINIIM INI �Y II II II IIN...I I 11111111111 t " -11 til /111a 111111111111111111- ,� NN• - 1 w .. Ix m , /j All 1111111111 „ 1111/1111 111 4� j ; x �j�}j 4 �� iA ' t■y filt)l R • R R � j4} i ji l Exhibit 3 TR#12734 X 3 1 FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT FOR: CENTRAL PARC SOUTH (Name of Development) This AMENDMENT TO AGREEMENT, made and entered into and between the City of Tamarac, 7525 Northwest 88th Avenue, Tamarac, Florida 33321, hereafter call "CITY" and PRESTIGE HOMES OF TAMARAC, INC having an address at 11784 W. SAMPLE ROAD, SUITE 101, CORAL SPRINGS, FL 33065_, 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 October 30, 2007 said agreement recorded on O.R. Book 4471 Page 258-292 of the Public Records of Broward County, and; WHEREAS, the parties desire to modify certain terms contained in that Agreement. The First Amendment to the Water and Sewer Developer's Agreement establishes an increase of 65 ERC's for water and sewer. The new increase will modify the usage from 175 ERC's to 240 ERC's for water and from 175 ERC's to 240 ERC's for sewer. This addition also establishes a new water meter schedule (attached as Exhibit "D"). The new Contribution In Aid of Construction (CIAC) Fees and Equivalent Residential Connections (ERC's) are listed below: 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: 980605 1 Amendment to Water and Sewer Developer's Agreement -Phase Part II (H) of the Developer's Agreement is amended to read as follows: CONTRIBUTION (WATER) ORIGINAL CONTRIBUTION: 174 Residential ERC's @ $1,700.00 per ERC = $295,800.00 1 Non -Residential ERC's @ $1,700.00 per ERC = $1,700.00 Total ERC's 175 (WATER) Total Contribution = $297,500.00 FIRST AMENDMENT CONTRIBUTION: 65 Residential ERC's @ $1,700.00 per ERC = $ 110,500.00 SUBTOTALS: ERC'S = 240 WATER CIAC FEE _ $408,000.00 CONTRIBUTION (SEWER) ORIGINAL CONTRIBUTION: 174 Residential ERC's @ $2,200.00 per ERC = $382,800.00 1 Non -Residential ERC's @ $2,200.00 per ERC = $2,200.00 Total ERC's 175 (SEWER) Total Contribution = $385,000.00 FIRST AMENDMENT CONTRIBUTION: 65 Residential ERC's@ $2,200.00 per ERC = $143,000.00 SUBTOTALS: ERC'S = 240 SEWER CIAC FEE _ $528,000.00 TOTAL CIAC FEE _ $936,000.00 980605 2 Amendment to Water and Sewer Developer's Agreement -Phase 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 Utilities, 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 cleariout 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 240 ERC's of water service and 240 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. 980605 3 Amendment to Water and Sewer Developer's Agreement -Phase IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: O,'. Q. LU y r' _q:r J � ¢ :z= CO 0 Z ATTE LU RC By. LZAWLAA Patricia Teufel, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE, r\ / By: X 1- wlmdgxm Harry Dressler Mayor Date. ichael C. Cernech City Manager Date: /ad — / _/1— /J Approved as to form: By: Samuel S. Goren, COUNTY OF Ra�✓�rk� : SS I° City Attorney HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in County'aforesaid to take acknowledgments, personally appeared ��t ���,, to me know qq to be the person(s) described in and who executed the fo egoing instrument and h � acknowledged before me and under oath that � � executed the same. 20 /. �IVITNESS my hand and official seal this / � day of TM N. VW"NIAly No1My Public . SIM o1 Wids • My Cam,14*0 MN i, 2018 Coi><go • fy 13SS7e NNWN1OW IW L Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large T114����� (Name of Notary Public: Print, Stapip, or Type as Co missioned) Al /A Type of I.D`Produced ( ) DID take and oath, or (xJ DID NOT take and oath 980605 4 Amendment to Water and Sewer Developer's Agreement -Phase ATTEST: 0 Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF IN WITNESS WHEREOF, Owner has hereunto set year first above written. OWNER Sp o di gs, LLC By: hand ano s4al on the day and Type Name President � iS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid nd in wthe County aforesaid to take acknowledgments, personally appeared �(pk-',�,�) to me knowp to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that h1t exec�, t�, dhe same. ^^ ie-WITNESS my hand and official seal this u day of N% ,°-,t,. 1' , tpRYP , •LINA ?o� e�� MOISES _ Notary public « ; State of Florida Commission �F F�o?�MY Com # FF 200216 "I IW .,Bondeomm. Expires Feb 19, 2019 9xNational Notary Assn. /)Personal*ly known to me, or ( ) Produced Identification �A- - Al C "A NOTARY PUIILIC, State of Florida at Large (Name of Notary Pubic: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ( ID NOT take an oath. 980605 5 Amendment to Water and Sewer Developer's Agreement -Phase IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF MORTGAGEE (If Applicable) By: Type Name President 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 to me 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 , 20 ( ) 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 and oath, or ( ) DID NOT take an oath. 980605 6 Amendment to Water and Sewer Developer's Agreement -Phase AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE � :, I,� �'�JS do hereby affirm that I am the �Icvmo('�'" " of t. 'I A ddl , -C and that I have -exec ted a to fan Sewer DEVELOPER's Agreement with the City of Tamarac for ��(j Gar C 7 project and that I am the owner of the property covered by said DEVELOPER'S AGREEMENT. There are no mortgages held on DEVELOPER'S AGREEMENT. FURTHE (Sign perty, which) is the subject of said / iTH NOT. This 'day of �IC?�k�Cll�' , 20 ) . STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State Ire rid 2nd in the County aforesaid to take acknowledgments, personally appeared . r- 6 ! to me known � be the person(s) described in and who execute a foregoing instrument andVKacknowledged before me and under oath that executed th same. 1 WITNESS my hand and official seal this � 1 day of f Jr^ 20_[S_. ��41AV P 4y �� UNA MOISES : Notary public - State of Florida Commisslon #F FF 200216 MY Comm. Expires Feb 19, 2019 though National Notary Assn. (4 Personally known to me, or ( ) Produced Identification i' NOT Y PUBLI ate of Florida at Large o Offscs (Name of Notary Public: rent, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ( ID NOT take an oath. 980605 7 Amendment to Water and Sewer Developer's Agreement -Phase EXHIBIT D FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT DEVELOPMENT: CENTRAL PARC SOUTH ORIGINAL METER SCHEDULE ORIGINAL AGRFFMFNT CONNECTION Meter ERC's CIAC Fees Residential Size No. Water Sewer Water Sewer Total 1 5/8" 1 1 1 1,700 2,200 3,900 2 5/8" 1 1 1 1,700 2,200 3,900 3 5/8" 1 1 1 1,700 2,200 3,900 4 5/8" 1 1 1 1,700 2,200 3,900 5 5/8" 1 1 1 1,700 2,200 3,900 6 5/8" 1 1 1 1,700 2,200 3,900 7 5/81, 1 1 1 1,700 2,200 3,900 8 5/81, 1 1 1 1,700 2,200 3,900 9 5/8" 1 1 1 1,700 2,200 3,900 10 5/8" 1 1 1 1,700 2,200 3,900 11 5/8" 1 1 1 1,700 2,200 3,900 12 5/8" 1 1 1 1,700 2,200 3,900 13 5/8" 1 1 1 1,700 2,200 3,900 14 5/8" 1 j 1 1 1,700 2,200 3,900 15 5/8" 1 1 1 1,700 2,200 3,900 16 5/8" 1 1 1 1,700 2,200 3,900 17 5/8" 1 1 1 1,700 2,200 3,900 18 5/8" 1 1 1 1,700 2,200 3,900 19 5/8" 1 1 1 1,700 2,200 3,900 980605 $ Amendment to Water and Sewer Developer's Agreement -Phase 20 5/8" 1 1 1 1,700 2,200 3,900 21 5/8" 1 1 1 1,700 2,200 3,900 22 5/8" 1 1 1 1,700 2,200 3,900 23 5/8" 1 1 1 1,700 2,200 3,900 24 5/8" 1 1 1 1,700 2,200 3,900 25 5/8" 1 1 1 1,700 2,200 3,900 26 5/8" 1 1 1 1,700 2,200 3,900 27 5/8" 1 1 1 1,700 2,200 3,900 28 5/81, 1 1 1 1,700 2,200 3,900 29 5/81, 1 1 1 1,700 2,200 3,900 30 5/8" 1 1 1 1,700 2,200 3,900 31 5/8" 1 1 1 1,700 2,200 3,900 32 5/8" 1 1 1 1,700 2,200 3,900 33 5/8" 1 1 1 1,700 2,200 3,900 34 5/8" 1 1 1 1,700 2,200 3,900 35 5/8" 1 1 1 1,700 2,200 3,900 36 5/8" 1 1 1 1,700 2,200 3,900 37 5/8" 1 1 1 1,700 2,200 3,900 38 5/8" 1 1 1 1,700 2,200 3,900 39 5/81, 1 1 1 1,700 2,200 3,900 40 5/8" 1 1 1 1,700 2,200 3,900 41 5/8" 1 1 1 1,700 2,200 3,900 42 5/8" 1 1 1 1,700 2,200 3,900 43 5/8" 1 1 1 1,700 2,200 3,900 44 5/8" 1 1 1 1,700 2,200 3,900 45 5/8" 1 1 1 1,700 2,200 3,900 46 5/8" 1 1 1 1,700 2,200 3,900 980605 9 Amendment to Water and Sewer Developer's Agreement -Phase 47 5/8" 1 1 1 1,700 2,200 3,900 48 5/8" 1 1 1 1,700 2,200 3,900 49 5/8" 1 1 1 1,700 2,200 3,900 50 5/8" 1 1 1 1,700 2,200 3,900 51 5/8" 1 1 1 1,700 2,200 3,900 52 5/8" 1 1 1 1,700 2,200 3,900 53 5/8" 1 1 1 1,700 2,200 3,900 54 5/8" 1 1 1 1,700 2,200 3,900 55 5/8" 1 1 1 1,700 2,200 3,900 56 5/8" 1 1 1 1,700 2,200 3,900 57 5/8" 1 1 1 1,700 2,200 3,900 58 5/8" 1 1 1 1,700 2,200 3,900 59 5/8" 1 1 1 1,700 2,200 3,900 60 5/8" 1 1 1 1,700 2,200 3,900 61 5/8" 1 1 1 1,700 2,200 3,900 62 5/8" 1 1 1 1,700 2,200 3,900 63 5/8" 1 1 1 1,700 2,200 3,900 64 5/8" 1 1 1 1,700 2,200 3,900 65 5/8" 1 1 1 1,700 2,200 3,900 66 5/8" 1 1 1 1,700 2,200 3,900 67 5/8" 1 1 1 1,700 2,200 3,900 68 5/8" 1 1 1 1,700 2,200 3,900 69 5/8" 1 1 1 1,700 2,200 3,900 70 5/8" 1 1 1 1,700 2,200 3,900 71 5/8„ 1 1 1 1,700 2,200 3,900 72 5/8" 1 1 1 1,700 2,200 3,900 73 5/8" 1 1 1 1,700 2,200 3,900 980605 10 Amendment to Water and Sewer Developer's Agreement -Phase 74 5/8" 1 1 1 1,700 2,200 3,900 75 5/8" 1 1 1 1,700 2,200 3,900 76 5/810 1 1 1 1,700 2,200 3,900 77 5/8» 1 1 1 1,700 2,200 3,900 78 5/8" 1 1 1 1,700 2,200 3,900 79 5/8" 1 1 1 1,700 2,200 3,900 80 5/8„ 1 1 1 1,700 2,200 3,900 81 5/8" 1 1 1 1,700 2,200 3,900 82 5/8" 1 1 1 1,700 2,200 3,900 83 5/8" 1 1 1 1,700 2,200 3,900 84 5/8" 1 1 1 1,700 2,200 3,900 85 5/8" 1 1 1 1,700 2,200 3,900 86 5/8" 1 1 1 1,700 2,200 3,900 87 5/8" 1 1 1 1,700 2,200 3,900 88 5/8" 1 1 1 1,700 2,200 3,900 89 5/8" 1 1 1 1,700 2,200 3,900 90 5/8" 1 1 1 1,700 2,200 3,900 91 5/8" 1 1 1 1,700 2,200 3,900 92 5/8" 1 1 1 1,700 2,200 3,900 93 5/8" 1 1 1 1,700 2,200 3,900 94 5/8" 1 1 1 1,700 2,200 3,900 95 5/8" 1 1 1 1,700 2,200 3,900 96 5/8" 1 1 1 1,700 2,200 3,900 97 5/8" 1 1 1 1,700 2,200 3,900 98 5/8" 1 1 1 1,700 2,200 3,900 99 5/8„ 1 1 1 1,700 2,200 3,900 980605 11 Amendment to Water and Sewer Developer's Agreement -Phase 100 5/8„ 1 1 1 1,700 2,200 3,900 101 5/8„ 1 1 1 1,700 2,200 3,900 102 5/8„ 1 1 1 1,700 2,200 3,900 103 5/8„ 1 1 1 1,700 2,200 3,900 104 5/81, 1 1 1 1,700 2,200 3,900 105 5/8„ 1 1 1 1,700 2,200 3,900 106 5/8„ 1 1 1 1,700 2,200 3,900 107 5/8„ 1 1 1 1,700 2,200 3,900 108 5/81, 1 1 1 1,700 2,200 3,900 109 5/81, 1 1 1 1,700 2,200 3,900 110 5/81, 1 1 1 1,700 2,200 3,900 111 5/81, 1 1 1 1,700 2,200 3,900 112 5/8„ 1 1 1 1,700 2,200 3,900 113 5/8„ 1 1 1 1,700 2,200 3,900 114 1, 5/8 1 1 1 1,700 2,200 3,900 116 5/81, 1 1 1 1,700 2,200 3,900 116 5/81, 1 1 1 1,700 2,200 3,900 117 5/81, 1 1 1 1,700 2,200 3,900 118 5/8„ 1 1 1 1,700 2,200 3,900 119 5/81, 1 1 1 1,700 2,200 3,900 120 5/8„ 1 1 1 1,700 2,200 3,900 121 5/81, 1 1 1 1,700 2,200 3,900 122 5/8„ 1 1 1 1,700 2,200 3,900 123 5/81, 1 1 1 1,700 2,200 3,900 124 5/81, 1 1 1 1,700 2,200 3,900 125 5/8„ 1 1 1 1 1 1 1,700 2,200 3,900 980605 12 Amendment to Water and Sewer Developer's Agreement -Phase 126 5/8„ 1 1 1 1,700 2,200 3,900 127 5/8" 1 1 1 1,700 2,200 3,900 128 5/8" 1 1 1 1,700 2,200 3,900 129 5/8" 1 1 1 1,700 2,200 3,900 130 5/8" 1 1 1 1,700 2,200 3,900 131 5/8„ 1 1 1 1,700 2,200 3,900 132 5/8" 1 1 1 1,700 2,200 3,900 133 5/8" 1 1 1 1,700 2,200 3,900 134 5/8„ 1 1 1 1,700 2,200 3,900 135 5/8" 1 1 1 1,700 2,200 3,900 136 5/8" 1 1 1 1,700 2,200 3,900 137 5/8„ 1 1 1 1,700 2,200 3,900 138 5/8" 1 1 1 1,700 2,200 3,900 139 5/8" 1 1 1 1,700 2,200 3,900 140 5/8„ 1 1 1 1,700 2,200 3,900 141 5/8„ 1 1 1 1,700 2,200 3,900 142 5/8„ 1 1 1 1,700 2,200 3,900 143 5/8" 1 1 1 1,700 2,200 3,900 144 5/8„ 1 1 1 1,700 2,200 3,900 145 5/8" 1 1 1 1,700 2,200 3,900 146 5/8" 1 1 1 1,700 2,200 3,900 147 5/8" 1 1 1 1,700 2,200 3,900 148 5/8" 1 1 1 1,700 2,200 3,900 149 5/8„ 1 1 1 1,700 2,200 3,900 150 5/8„ 1 1 1 1,700 2,200 3,900 151 5/8„ 1 1 1 1,700 2,200 3,900 980605 13 Amendment to Water and Sewer Developer's Agreement -Phase 162 5/8„ 1 1 1 1,700 2,200 3,900 153 5/8„ 1 1 1 1,700 2,200 3,900 154 5/81, 1 1 1 1,700 2,200 3,900 155 5/81, 1 1 1 1,700 2,200 3,900 156 5/81, 1 1 1 1,700 2,200 3,900 167 5/81, 1 1 1 1,700 2,200 3,900 158 5/8„ 1 1 1 1,700 2,200 3,900 159 5/81, 1 1 1 1,700 2,200 3,900 160 5/81, 1 1 1 1,700 2,200 3,900 161 5/8„ 1 1 1 1,700 2,200 3,900 162 5/8„ 1 1 1 1,700 2,200 3,900 163 5/81, 1 1 1 1,700 2,200 3,900 164 5/81, 1 1 1 1,700 2,200 3,900 165 5/8„ 1 1 1 1,700 2,200 3,900 166 5/81, 1 1 1 1,700 2,200 3,900 167 5/81, 1 1 1 1,700 2,200 3,900 168 5/809 1 1 1 1,700 2,200 3,900 169 5/8„ 1 1 1 1,700 2,200 3,900 170 5/81, 1 1 1 1,700 2,200 3,900 171 5/81, 1 1 1 1,700 2,200 3,900 172 5/8„ 1 1 1 1,700 2,200 3,900 173 5/8„ 1 1 1 1,700 2,200 3,900 174 5/81, 1 1 1 1,700 2,200 3,900 1 (non- Residential) 5/8„ 1 1 1 1,700 2,200 3,900 980605 14 Amendment to Water and Sewer Developer's Agreement -Phase FIRST AMENDMENT METt-$CHM E USAGE NO.,OF METERS METER SIZES #�OF�#2C'S 'WATER CIAC FEES SEWER CIAC FEES TOTAL: WATER SEWER DOMESTIC 65 5/8" 65 65 110,500 143,000 253,500 Crrtd Totata 240 5/8" 240 240< 40;000 528,000 ,000t TOTAL ERC'S OF AMENDMENT (WATER) 240 (SEWER)_240_ TOTAL AMOUNT DUE: $253,500.00 DttMPSTER(S) CONNECTED TO SEWER ,@ I ERC`EAC = , ERC'S (SEWER) TOTAL ERC'S 240 (WATER) 240 (SEWER) THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT &„ DIAMETER AT 6" DEAMETER AT DIAMETER SERVED BY WASTERWATER PUMP STATION NO. T.B.D. 240 'ERC'S 'f 59.96 SITE ACMES= 4.00 ERC'SISITE ACRE I aHEREEY CERTWY THAT THE NON-:EES DENTiIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE. I I I I I S� L x� 'RNE A AN,• 45415 P � TYPEf N E,%W ` r4dtrt,,,,, 980605 15 Amandrrrerrtfio Water;and Sewer Developer's Agreemer*Phase Exhibit "A" TR#12734 LEGAL DESCRIPTION: LOTS 1 THROUGH 26, BLOCK 4, LOTS 1 THROUGH 6, BLOCK 5, LOTS 1 THROUGH 15, BLOCK 6, LOTS 1 THROUGH 20, BLOCK 7, LOTS 1 THROUGH 11, BLOCK 8, LOTS 1 THROUGH 31, BLOCK 9, LOTS 1 THROUGH 14, BLOCK 10, LOTS 1 THROUGH 6, BLOCK 11, LOTS 1 THROUGH 4, BLOCK 12, LOTS 1 THROUGH 26, BLOCK 13, LOTS 1 THROUGH 15, BLOCK 15, TRACTS A, B, B-1, B-2, B-3, B- 4, B-5, B-11, B-12, B-14, C-1, C-2, R-1, R-2, AND R-3, SABAL PALM BY PRESTIGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 178, PAGES 71 THROUGH 87 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH: A PARCEL OF LAND BEING A PORTION OF TRACT 13 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST OF THE FORT LAUDERDALE TRUCK FARM SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEGIN AT THE AT THE SOUTHWEST CORNER OF TRACT B-11 OF SAID SABAL PALM BY PRESTIGE; THENCE N.89°26'59"E., ALONG THE SOUTH LINE OF SAID SABAL PALM BY PRESTIGE, A DISTANCE OF 357.72 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF S.66°05'06"E., SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF SUNSHINE STATE PARKWAY (FLORIDA'S TURNPIKE); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND THE SAID WESTERLY RIGHT OF WAY LINE, HAVING A CENTRAL ANGLE OF 00°01'23" AND A RADIUS OF 7,789.45 FEET FOR AN ARC DISTANCE OF 3.13 FEET TO A POINT ON A NON -TANGENT LINE, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID TRACT 13 AS DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED OFFICIAL RECORDS BOOK 592, PAGE 513 OF THE PUBLIC RECORD OF BROWARD COUNTY, FLORIDA; THENCE S.89°24'59"W. ALONG SAID NORTH LINE, A DISTANCE OF 356.37 FEET TO A POINT ON THE EXISTING EAST RIGHT OF WAY LINE FOR ROCK ISLAND ROAD AS SHOWN ON SAID SABAL PALM BY PRESTIGE; THENCE N.01 °30'19"W., ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 3.06 FEET TO THE POINT OF BEGINNING. 0 , Exhibit "C" TR#12734 N_ _._ —r 14_11_IJ_ 1 1 1 \ —) 1 L_ IL---- —1 —WEST COMMERCIAL &)ULEVARD -STATE ROAD 870 ...:.. - 3456 ri �a l l 't P J 1 c I P J 1 S r�l j Y J�1 S S I� °S U6 r10 E 9 g U IY n L d l Y J 0 1 p' p a g 5 JI r`r� pd Y 9 0 l90 /`6 1 5-J�I•�� x q p t JI ]6 JS N LJ'J JP 9 JO a m a a n N a YY S awo 9 N• \ I11j `I 141 3�'' ' U m Y J11 LI SY6 1�Ie THE U 2 1J N n K lI �.°fi) B H O� N I edl YJ 0 1 a m K. I II`6� 5 I JJ JY JI JO a a _-L I AHA I II I�Y 7 f� I N H Y B LIQ �K J 15ELTlAM FAN rY U• J K 93 °Li °.7 11i n I a (67-3) P K 1 IS H' t� I ', K K II YI u YY q m 9 n ` b 2r P Y KN J) 11 A/ � .Lam a'm g e 9 0 'qC9 S t ` L ffi as u ffi q � p as c -_ LOIRFIYAr� AKA a . ~ THE MAINALAND$ OF \ i0 Agf 9t� a Ni Isp B TAMARAC LAKES SIXTH R qo IIrI�I_ 1 _� I SECTION (65-46) rY�ill 1 IT -,1 1 3 6 ) 1 I I J �_ m LOCK IPO ry\ II -I IJ LInP U q 9 of 43�/H 6 n e'J H 21 n I Y JJ 1 s 2 a I1 1 oeJ' n ;-t-YCN ql Br OCR /i: o�3 _ B; OpC e P I Y;AS J 2!ffi Q `P` "' a ooi ArArlor AW � J� / m s . s as \ dws s, KI '° 33 at N p JI �gg�p45 / IsfB ' Jr 04�0 � / tiv u /" I CENTRAL PARC SOUTH OVERALL SITE SPL SOUTH HOLDINGS LLC. EXHIBIT ENG/NF_ERS - PLANNERS - S[IRVEYORS~M MTE. MMq✓ED C)IC/yY SnEET EAyl _ CxLCPLG WE. dN/V l.1ffiAtlODiMi//se 9sIMCNTLKYIMNetlSw PM' etlIISYO/aKl" °