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Home My WebLink AboutCity of Tamarac Resolution R-2014-101TR#12547 September 16, 2014 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014- /J/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A WATER AND SEWER DEVELOPER'S AGREEMENT WITH IIT TAMARAC COMMERCE CENTER III LLC., FOR IIT TAMARAC COMMERCE CENTER III PROJECT, LOCATED AT 6900 HIATUS ROAD, REQUIRING 8 ERC'S FOR WATER AND 8 ERC'S FOR SEWER; AND REQUIRING PAYMENT OF $13,600.00 FOR WATER AND $171600.00 FOR SEWER; AND REQUIRING A TOTAL PAYMENT OF $311200.00 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, IIT Tamarac Commerce Center III, LLC., is constructing the IIT Tamarac Commerce Center III Project, located at 6900 Hiatus Road, (attached hereto in map form as "Exhibit 1"); and WHEREAS, IIT Tamarac Commerce Center III, LLC has offered a Water and Sewer Developer's Agreement to the City of Tamarac for the IIT Tamarac Commerce Center III Project, as required by Code Sections 10-121(d), 10-122(fl and 10-123(e); (attached hereto as "Exhibit 2"); and WHEREAS, the Water and Sewer Developer's Agreement requires the purchase of 8 ERC's for water and 8 ERC's for sewer for a combined CIAC fee of $3-1,200.00 as required by Resolution No. R-2006-203; and TR#12547 September 16, 2014 Page 2 of 4 WHEREAS, the Water and Sewer Developer's Agreement from IIT Tamarac Commerce Center III, LLC., establishes a meter schedule (attached hereto as Exhibit "D") for the IIT Tamarac Commerce Center III Project; and WHEREAS, it is the recommendation of the Director of Public Services that the Water and Sewer Developer's Agreement between the City of Tamarac and IIT Tamarac Commerce Center III, LLC., for the IIT Tamarac Commerce Center III Project be approved and executed; and the payment of the CIAC fees required for the IIT Tamarac Commerce Center III 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 Water and Sewer Developer's Agreement with IIT Tamarac Commerce Center III, LLC., for the IIT Tamarac Commerce Center III 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. SECTION 2: T R# 12547 September 16, 2014 Page 3 of 4 The appropriate City Officials are hereby authorized to accept and execute a Water and Sewer Developer's Agreement, providing for 8 ERC's for water and 8 ERC's for sewer (a copy of which is attached hereto as "Exhibit 2") with I IT Tamarac Commerce Center III, LLC., for the IIT Tamarac Commerce Center III Project, located at 6900 Hiatus Road. SECTION I The City will collect $31,200.00 in contribution charges p0orto 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: TR#12547 September 16, 2014 Page 4 of 4 This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 4011 day of � , 2014. ATTEST: = 0ATRIdA TEUF CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form kMUEL S. GOREN CITY ATTORNEY HARRY DRESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM BUSHNELL DIST 2: V/M GOMEZ DIST 3: COMM GLASSER DIST 4: COMM PLACKO CITY OF TAMARAC PUBLIC 110RSS DBPARTIEN'! ENGINEERING DIVISION Job No: TR# 12547 Scale: N. T. S SHEET 1 OF 1 IIT TAMARAC COMMERCE CENTER III WATER & SEWER DEVELOPER'S AGREEMENT TR# 12547 Pd Ocl / �WESTW❑ > D •//�%/// a >> TR 41 MPN. ti POINT PLAZAWESIWOOD N �R R � T ST oC 71 S > SECTION 21 �b o / SO -7d /% j je e, � • /./. • /./ a 3 o, 0% 70 cT CT j/. W /// I— f 7 WE TW D 3 j/ in o .� 0 0 ST MCNAB ROAD T / 0 ST j MCNAB OOD > g a inde °,I-- BUSINESS PARK TAMARAC �/j TAM MARKET 69 PL TAMARAC ./�/ GAR E . PLACE GARDENS /�j� WEST01 Z1--PHYRf1ILLS 67 CT AARCH o ALUMINUM II MSK AURAFIN % / . %j.' WESTWOOD 2 67 ST oc w oe 67 ST / 9L Li> S TE LOCATION SUN BELT ARCH CARL & a W '0.0 66 , 66 CT = PRECISION ALUMINUM ASSOCIATES M yL ST Q _j .� 65 PL �%/ N 96 A /j 66 ST CULL GAN SUN — WOOD 1 <SPYG I// SENTINEL z �. 65 CT 94 T TAMARAC BUSINESS PARK TOSHIBA ^ ' THE VILLAGE g ST GOLF COURSE DUE C. �+ PUBLIC196 K GRAND ZSERVICES N. PLUM BAY F KVY C Q '-' COMPLEX A i J H z Li~ Z RED HEART W J � Li 0- C3 W G_ u j w KEYES �W S. CA WD C. w 3 COVERAGE > Duxc &sf#n eye s.r W. D» ey: s .f. w. �tpprowat ft Deft- 01$6114 Daft. Deft. sd: J" E. ONEMY, P.E. FL NO. 5= IIT Tamarac Commerce III EXHIBI T 1 CITY OF TAMARAC, BROWARD COUNTY, FLORIDA SEC. 7, TWP. 49, RGE. 41 Exhibit 2 TR#12547 TAMARAC UTILITIES WATER AND SEWER DEVELOPER'S AGREEMENT FOR: IIT Tamarac Commerce Center III (Name of Development) GENERAL LOCATION: 6900 Hiatus Road THIS AGREEMENT effective this 20 day of August, 2014, made and entered into by and between: The CITY OF TAMARAC, at 7525 Northwest 88t" Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called "CITY" And IIT Tamarac Commerce Center III LLC At 518 17t" Street, Suite 1700, Denver, CO 80202 hereinafter called "DEVELOPER". And IIT Tamarac Commerce Center III LLC At 518 17t" Street, Suite 1700, Denver, CO 80202 hereinafter called "OWNER". W I T N E S S E T 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's PROPERTY described in Exhibit "A" attached; and 981208 1 Water and Sewer Developer's Agreement.doc s 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 execu this AGREEMENT by motion passed at a regular City Commission meeting on F , 20_ 1Y 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 Developer's Agreement.doc 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 981208 3 Water and Sewer Developer's Agreement.doc 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 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 AT TESTS 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 El Water and Sewer Developer's Agreement.doc I applicable Federal and State Statutes, County and CITY ordinances. The requirements 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: 5 Water and Sewer Developer's Agreement.doc r 8 CONTRIBUTION (WATER) Residential # Units X ERC's Per Unit @ $1,700.00 Per ERC Non -Residential # 8 ERC's @ $1,700.00 Per ERC Total ERC's 8 Total Contribution $ 13,600.00 (WATER) CONTRIBUTION (SEWER) Residential # Units X ERC's Per Unit @ $2,200.00 Per ERC Non -Residential # 8 ERC's @ $2,200.00 Per ERC Total ERC's 8 (SEWER) Total Contribution $ 17,600.00 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 X YES 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. 6 Water and Sewer Developer's Agreement.doc r 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 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. City Commission. 3. 4. the PROPERTY. The site plan for the PROPERTY is voidable by Resolution of the No final inspections shall be approved by CITY. No Certificate of Occupancy shall be issued by CITY for any unit on 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. 981208 7 Water and Sewer Developer's Agreement.doc 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. 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. I 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. 981208 8 Water and Sewer Developer's Agreement.doc f 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. 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/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 8 ERC's of water service and 8 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 Developer's Agreement.doc r 4 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. 981208 10 Water and Sewer Developer's Agreement.doc PART V. MUTUAL ADDITIONAL COVENANTS PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER 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 981208 11 Water and Sewer Developer's Agreement.doc 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. 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. I. 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 K11013KI16181 12 Water and Sewer Developer's Agreement.doc 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 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. 911191KIGII 13 Water and Sewer Developer's Agreement.doc s 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 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 981208 14 Water and Sewer Developer's Agreement.doc t I 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, 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. O. 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: City Manager 7525 Northwest 88t" Avenue Tamarac, Florida 33321 FOR THE DEVELOPER: IIT Tamarac Commerce Center III LLC 518 17t" Street, Suite 1700, Denver, CO 80202 15 Water and Sewer Developer's Agreement.doc Notice so requested, shall States mail. addressed and sent by prepaid certified mail, with return receipt be deemed given when it shall have been so deposited in the United 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 16 Water and Sewer Developer's Agreement.doc t IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST. By: of TAB %. • .�-c,. ESTABLISHED. 1963 �= SEAL " : • •10 Patricia Teufel, CM City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: IC Date: Harry Dressler Mayor ORKIN / V MicKiael C. Cernech City Manager Ap'proved'as to form: By* STATE OF FLORIDA amuel S. Goren tto SS City Attorney COUNTY OF HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State f re aid idinPe County aforesaid to take acknowledgments, personally appeared i ,v to me kn wn to be the person(s) described in and who executed the foregoing instrument andacknowledged before me and under oath that executed the same. WITNESS my hand and official seal this U. day of L, 201:. Notxy Pubic - Stilt of FkwWa My Comm. Fxpica Ail 66 2011 Con":im N FF 135818 In 011ka0ftor "NOY Awk ( i�) Personally known to me, or ( )Produced identification NOTARY PUBLIC, State of Flo'ia at Large J' rNA M/YljCg9/ (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.ff. Produced DID take an oath, or ( X ) DID NOT take an oath 17 Water and Sewer Developer's Agreement.doc IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day and year first above written. ATTEST: DEVELOPER IlT Tamarac Commerce Center III LLC By: IIT Real Estate Hoidco LLC, a Delaware limited BY: liability company, its sole member Type Name Sarah Wadsworth By: industrial Income Operating Partnership LP, a Corporate Secretary Delaware limited partnership, its sole member (Corporate Seal) STATE of to o SS COUNTY OF By: Industrial Income Trust Inc., a Maryland corporation, its. g#nerai partr�Le ,/A 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 IeFftAM M 1 to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that ._..fit"executed the same. 1NITIVESS and official seal this �Z. day of , 20 % "" ( /( )Personally Known to or ( )Produced Identification )DID take an oath, or « i« ARY PUBLIC (Name of Notary Public: Is or type as Commissioned) tom: 2,1z*i241} Type of I.D. Produced DID NOT take an oath. Print, Stamp, 18 Water and Sewer Developer's Agreement.doc IN WITNESS WHEREOF, :Developer has hereunto set his hand and seal on the day and year first above written. (DEVELOPER) i iTTamarac Comrnerce Center III LLC Witness Type Name Sarah Wadsworth Type Name Beth Kramer By: IIT Real Estate Holdco LLC, a Delaware limited liability company, its sole member By: industrial income Operating Partnership LP, a Delaware limited partnership, its sole member By: Industrial Income Trust Inc., a aryland corporation, its general pa��7/' STATE OF�rt o 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 ggrgyA% 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. rnrrrwr■ nmrri WITNESS my hand and official seal this 71.. day of tr 20 VS F �-sonallyIwle to me, or ) Produced Identification DID take an oath, or NOTARY PUBLIC (Name of Notary Public:. or type as Commissioned) Eke 411,+ I-U (+ Type of I.D. Produced DID NOT take an oath. Print, Stamp, 19 Tract 8 Water & Sewer for signature. only! Ldoc 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 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 DID take and oath, or NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of 1D. Produced DID NOT take an oath.. 20 Water and Sewer Developer's Agreement.doc AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Jeffrey M. Todd do hereby affirm that I am the Vice President of Industrial Income Trust Inc., a Maryland corporation, which is the general partner of Industrial Income Operating Partnership LP, a Delaware limited partnership, which is the sole member of IIT Real Estate Holdco LLC, a Delaware limited liability company, which is the sole member of IIT Tamarac Commerce Center III LLC, a Delaware limited liability company, and that I have executed a Water and Sewer DEVELOPER's Agreement with the City of Tamarac for project and that I am the Vice President of 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. STATE OF COLORADO : SS COUNTY OF DENVER This ZIP -day of , 20-111 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 Jeffrey M. Todd to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that he executed the same. (x WITNESS my hand and official seal this 24W day of ArV'i • . 20 v �- • —a1EV4Pjff— (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. ♦'� e� T. A, ��,►� 0 we %Aot$r d dw �. '" A, f ftk ddwv Of Colo' ♦��' ,a 21 Water and Sewer Deve eem IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name Sarah Wadsworth Corporate Secretary (Corporate Seal) STATE OF &t-*VtA40 ss COUNTY OF ac.- OWNER IIT Tamarac Commerce Center III LLC By: IIT Real Estate Holdco LLC, a Delawarelimited liability company, its sole member By Industrial Income Operating Partnership LP, a Delaware limited partnership, its sole member By: Industrial Income Trust Inc., a ryland corporation, its general p�� By: _S, NamW. Titic(-'U Zide Todd nt I HEREBY CERTIFY that on this day, before rye., an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments., personally appearedA165or to me known to be the persons) described in and who executed fi e foregoing instrument and acknowledged before me and under oath that .�..jig executed the same. WITNESS m and and official seal this VL day of r4�� 20 • '".*. A ) Personally known to me, or ) Produced Identification ( )DID take an oath, or s • w .RY PUBLIC (Name of Notary Public: or type as Commissioned) e"'Xj0-'* 1.) -1 +1 Z61 -f Type of I.D. Produced DID NOT take an oath. Print, Stamp,. 22 Tract 8 Water & Sewer for signature only!!.doo IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. �d Witness Type Name Sarah Wadsworth (OWNER) IIT Tamarac Commerce Center IIL PLC By: IIT Real Estate Holdco LLC, a Delaware limited liability company, its sole member By: Industrial Income Operating Partnership LP, a Delaware limited partnership, its sole member Witness By: Industrial Income Trust Inc., a M land corporation, its eneral part Type Name Beth Kramer By: Nam r y .Todd Titl e P ident STATE OF SS COUNTY OF CeMV0. . I HEREBY CERTIFY that on this day, before rye, an Officer duly authorized in the State aforesaid and in the county aforesaid to take acknowledgments, personally appeared k.'T%00 to me known to be the person(s) described in and who executed the foregoing instrument and h ' acknowledged before me and under oath that ft executed the. same. WITNESS m hand and ofl"ic- al seal this. . tt- dayof A" v04C 20 R� IV y .0 •: ip X40tary► .. ., a�. 4M op dV Nbilc Of 0- } Personally nown to me, or ( )Produced Identification ( )DID take and oath, or,( 81208 NOTWRY PUBLIC &Ia4 T. IJ I V*00 (Name of Notary Public: or type as Commissioned) MP1 L! Ta-1 74,iI- Type of' I . D. Produced DID NOT take an oath. Print, Stamp, 23 Tract 8 Water & Sewer for signature only! l.doc Exhibit "A" TR#12547 rarenka�r 05115/14 "'So N.W. CORNER,, Y N.E. 114, SECTI N 07 _49-41 - M,� MCNAB ROAD NORTH LINE; N.E. 114, SEC. 7-49-41N ------ =-�_--,- - - ----- =----- -------------- ------------ I NORTH UNE; TRACT--------- 80' I OPENING D4 I Ii � ti I I � � I � 4, v aDo Q I �a'IV /` PARCEL "A" QLY i N Q AZ? J AND J PLAT I F- a �r CI -i (P.B. 152, PG. 3) I a n. ze I I / ,` Q I � UQ 00 e� z i i � S `r � � I � I / v I I� �CIV I I� 30'R/W ------------------ -------------------------- }------ 1523' R/W , '` / ,� 50' CANAL RIGHT-OF-WAY �l -- - - - -N-t----------------------------------- 50' CANAL RIGHT-OF-WAY ----------------------------------------------------------- I j PARCEL "A" "TAMARAC 1299 LAND TRUST PLAT" i I i I (P.B. 151, PG. 13) � I E I i I I I I SCALE, • 1 "=100' GENERAL NOTES. 1. THIS SURVEY WAS PREPARED UNDER THE DIRECT SUPERVISION AND CONTROL OF THE UNDERSIGNED. PROFESSIONAL LAND SURVEYOR, FROM AN ACTUAL FIELD SURVEY MADE ON THE GROUND IN ACCORDANCE WITH THE LEGAL DESCRAPTaV, AS PROVIDED BY THE CLIENT, OF THE REAL PROPERTY DESCRIBED HEREON: 2. THIS SURVEY IS AN ACCURATE* SURVEY OF ALL THE REAL PROPERTY LEGALLY DESCRIBED HEREON, AND THE INDICATED ACREAGE AND SQUARE FOOTAGE OF SUCH REAL PROPERTY IS CORRECT; 3. THIS SURVEY PROPERLY AND ACCURATELY INDICATES AND LOCATES ALL VISIBLE IMPROVEMENTS ON THE REAL PROPERTY AS OF THE DATE OF THIS SURVEY AND THE IA00447ED TYPE, DIMENSIONS AND SOUARE FOOTAGE OF ALL SUCH IA&PROVEM£NTS IS CORRECT, IF APPLICABLE,• 4. THE RECORD TITLE LINES AND LINES OF ACTUAL POSSESSION ARE THE SAME, UNLESS OTHERWISE STATED; 5. THE BOUNDARY LOVE DIMENSIONS OF THE REAL PROPERTY AS SHOWN ON THIS SURVEY FORM A MATHEMATICALLY CLOSED FIGURE WITHIN t0.01 FOOT, 6. THE BOUNDARY LINE'S OF THE REAL PROPERTY ARE CONTIGUOUS WITH THE BOUNDARY LINES OF ALL AOJO"NG PARCELS AND RIGHTS -OF -WAY AS DESCRIBED IN THEIR MOST RECENT RESPECTIVE LEGAL DESCRIPTIONS OF RECORD AS PROVIDED BY CLIENT 7. THERE ARE NO OBSERVABLE ENCROACHMENTS EITHER ACROSS BOUNDARY LOVES OR EASEMENT LIMITS AS OF 7H£ DATE OF THIS SURVEY, EXCEPT FOR TWO WATER VALVES, A CONCRETE SL48 FOR ARRIGAT ON PUMP ALONG THE EAST PROPERTY LAVE, A CONCRETE HEADWALL, AND A CANAL ALONG THE SOUTH PROPERTY UNE. 8. THIS SURVEY PROPERLY DESICA64TES AND LOCATES ALL EASEMENTS AS OF THE DATE OF THIS SURVEY, PURSUANT TO SCHEDULE B-SECTION 0 OF THE TITLE COMMITMENT PREPARED BY CHNC400 TITLE INSURANCE COMPANY UNDER ORDER NO. 4034973, CUSTOMER REFERENCE MMA TAMARAC LLC, WITH AN EFFECTIVE DATE OF AUGUST 13, 2012, AT 1l:DO P.M. 9. 7hER£ ARE NO OBSERVABLE STREETS, ROADS, RIGHTS -OF -WAY, OR USES AFF£C77NG THE SURVEYED REAL PROPERTY APPARENT FROM A CAREFUL OVSPECTION OTHER THAN AS SHOWN ON THIS SURVEY; 9. THERE IS NO OBSERVABLE EVIDENCE OF EASEMENTS AND/OR SERVITUDES OF ALL KINDS, SUCH AS THOSE CREATED BY ROADS, RIGHTS -OF -WAY, WATER COURSES, DRAINAGE, 7EL£PHONE, TELEGRAPH, ELECTRIC UN£S WATER, SEWER, DAL OR GAS RPEUNEB ON OR ACROSS THE SURVEYED REAL PROPERTY AND ON ADJOINING PROPERTIES IF THEY APPEAR TO AFFECT 7HE SURVEYED PROPERTY, AND UNDERGROUND EASEMENTS AND/OR S£RN77.+V0£S EXCEPT THAT WHICH IS DEPICTED ON THIS SURVEY• 10. ALL U771JTY SERVICES REQUIRED FOR Tit£ OPERATION OF THE SURVEYED PROPERTY HAVE 7HE CAPABILITY OF ENTERING THE SURVEYED REAL PROPERTY 7HROUGH ADJOINING PUBLIC STREETS; It. THE REAL PROPERTY LEGALLY DESCRIBED HEREON HAS ACCESS TO AND FROM A PAVED AND DEDAC47ED PUBLIC ROAD RIGHT-OF-WAY KNOWN AS MCNAB ROAD AND HATUS ROAD, 12. THE REAL PROPERTY DESCRIBED ON THIS SURVEY DOES U£ WITHIN A SPECIAL FLOOD HAZARD AREA ("SFHA) AS DEnVVEO BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. THE PROPERTY LIES WITHIN ZONE AH (EL 9) PER THE FLOOD INSURANCE RATE MAP IDENTIFIED AS COMMUNITY PANEL NO. 12005E 0185 F, BEARING AN EFFEC71VE DATE OF AUGUST 18, 1992, WITH AN EFFECTIVE DATE OF OCTOBER 2, 1997, MAP NO. 12011 CO 185 F,- 13. THIS SURVEY SHOWS 7HE LOCA77ON OF ALL OBSERVABLE STORM DRAINAGE STRUCTURES FOR THE COLLECTION AND DISPOSAL OF SURFACE WATER DRAW40E. 15. THE SUBJECT REAL PROPERTY IS CURRENTLY ZONED LI (LIGHT INDUSTRIAL) ACCORDING TO THE CITY OF TAMARAC ZONING MAP, LAST REVISED W 2006. 16. THERE WAS NO OBSERVED EVIDENCE ON THE SITE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR BUILDING ADDITIONS AS OF THE DATE OF THIS SURVEY. 17. THERE WAS NO OBSERVED EVIDENCE THAT THE SITE IS A SOLID WASTE DUMP, SUMP OR SANITARY LAND&L AS OF 7HE DATE OF THIS SURVEY. SURVEY NOTES: 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N.89'33'15 E ALONG THE CENTER LINE OF McNAB ROAD BETWEEN HIATUS ROAD AND NOB HILL ROAD, AS REFERENCED BY Ai£ PUT 0r "J AND J PLAT' AS RECORDED IN PLAT BOOK 152 AT PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 2) LEGAL DESCRIP710N SHOWN HEREON WAS PROVIDED BY CLIENT. J) PROPERTY AS SHOWN HEREON CONTAINS 203,2JIt SQUARE FEET.(4.67* ACRES) 4) UNLESS OTHERWISE NOTED, THIS FORM HAS NOT ATTEMPTED TO LOCATE FOOTINGS AND/OR FOUNDATIONS. 5) ORDERED BY. BUTTERS CONSTRUCTION AND DEVELOPMENT. 6) THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON. THE ATTACHED CER77FICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. 7) PROPERTY SHOWN HEREON FALLS WITHIN FEDERAL FLOOD HAZARD AH (a 9), PER !'LORD INSURANCE RATE MAP NO. 12011C0185 F, COMMUNITY PANEL NO. 120058 OA85 F, OF MAP DATED AUGUST 18. 1992 WITH AN INDEX DATE OF OCTOBER 2, 1997 8) VISIBLE INOJCAPDRS OF U77U17£S ARE SHOWN HEREON, HOWEVER, NO ATTEMPT HAS BEEN MADE TO LOCATE UNDERGROUND ITEMS. 9) DISTANCES ALONG BOUNDARY OF SUBJECT PROPERTY ARE RECORD AND MEASURED, UNLESS OTHERWISE SWED. 10) ELEVATIONS SHOWN HEREON REFER TO N4770ML GEODETIC VERTICAL DATUM OF 1929 (N.G.V.D.) AND ARE EXPRESSED IN FEET. 11) BENCHMARKS, o) BENCHMARK NUMBER 2933 SQUARE CUT IN SIDEWALK ON THE SOUTH EAST CORNER OF NOB HILL ROAD AND MCNAB ROAD ELEVATION = 11.39' (N.G.V.D.) b) BENCHMARK NUMBER 2891 SQUARE CUT W THE CENTERLINE OF MEDIAN BULLNOS£ OF 100 AVENUE; 60 FEET* SOUTH OF PROJECTED CENTERLINE OF N.W. 80 STREET ELEVATION - 12.33' (N.G.V.D.) 12) THIS 00000" SURVEY OF THE SUBJECT PROPERTY REPRESENTS AN ALTA/ACSM LAND 777LE SURVEY'. �/W1lma EXCEPTIONS PER SCHEDULE B—SECTION 11 EXCEPTIONS ORDER No: 4034973 CUSTOMER REFERENCE. • MMA TAMARAC LLC DATED: AUGUST 13, 2012 AT 11.00 P.M. ITEM No. INSARUMENT TYPE DESCRIPTION RECORDING DATA APPLY/WOr APPLY PLOTTED/NOT PLOTTED CHANGE OF LAND 6 OROANANCE No. USE DESIGNATION & O.R.B. 14030, APPLIES NOT PLOTTABLE 86-75 D£NS17Y PAGE 499 CLASSIFICATION 9 U77LITY EASEMENT UTILITY EASEMENT O.R.B. 26820, PAGE 889 APPLIES SHOWN ON SURVEY JUVOONS AL TA/A CSM LAND TITLE SURVEY A PART OF TRACT L9 OF SUCTION 7, T011'NSHIP 49 SOUTH, MAWR 4f EAST OF "PLOR1D.! FRUIT LANDS COA(PANYS SUBDIVISION No. ,Z , AS RECORDED IN P44T BOOK f, PAGE fOZ OF TILE PUBLIC RECORDS OF PALAf BEACH COMM, FLORIDA Section 07 Towm* 49 SoWM4 Rwp 41 Eaat City of romea. &vwwd I:owtg Fkrmo ,viam �'°° K my,AARIYIR JLaar>N tTMS m T su-TOro ry FAX- rs4l �-TaAe � no ft LO-87 a,4 /WE, Mb sAb-I q k not «alit WAM R OrOnr 8w avmhw and ft mtow sw o/ o fbft ko'"d &VVW &V a$*pW.. This is an iALWACSIt Land 27Ue Surrey." T omwo *.ud �s-29-10 CAW Na.1AM Fa No.: sc SO Fk No. B-Ia'i1 OU&W *. Al". Ook-0I-10-11 scalla. AS SHOWN Smd 2 w 2 balks) - _ - p I. �1 I aia;R� i uci•AdaAoA 1 ('A s 1s t .a�► 2,� r Lg w I w II`` e u I { { 1E, Exhibit "C" 'I'R# 12 5 4 7 OWNER: JOSEPH I OWNER: 7HOMAS OWNER: ANTHONY I I OWNER= EUGEM£ lr I I ROSENSTOCK I EARL NEUFUSS I I a MVNCHELLA DOW W -AH ARMSTRONG ¢ 12' U77LITY EASEMENT (TYPICAL) LOT 41 I I LOT 42 LOT 43 I 1 LOT ss I PARCEL 'R' "WESTWOOD COMMUNITY SEVEN" (P.B. 81, PG. 28) BLOCK 387 `IWESTW000 COMiI U l�l' SEVEN" (P.� 1�PG;2$) — — L — — — OWNER. ISLES OF TAMARAC HOMEOWNERS ASSOCIATION, INC.— — — MW. CORAM ME 1/4 PI a�i. 102, Ra Pa R COuRAIEA SWWN 7-A9-4r P.0, 01, PC 2a 8.CR. """�"° "�'"', MCNAB ROAD aRl a126nD, Pa. Ja2a'.' BC.R. 17rn1 AIlD Sf'r MW O.R.Q. "At PG. 310, B.CR. ow AWG taRf s7 mOlp' ,_ �NORN LOa: ME.I/4:ECr1N 7-9t-R1- OfTSET LIVEynd3T, 49OAS — — — ___') 7fSO41 NSVM'15T-(P) JVIW(M) =05'(P ASPIALT PAVEMENT100*44'46'— -- -- -- r. 5100' I —� e•,�AAaRTN LaNrJ 71ucr 81= X. X M 's ( o I,,Lv&viowv PLCwow y G+s LAV6E• 7 4' CL.r.''''�%�'�} PL89'33'15 (C)(M) 1 15' I ` + rT WDICAMR PCSr� 55 ne:)(N,1 I C�AGLER RGaI LSTArF) 1 '�SEI WYcNA<) IYVE y _.�_ '� , ^ Lay B7 M LPM� ECCNw),•cE!>�TaH .^ -• `o-d ��./ i' go-°� pi I oprgeErr .� w" �no Lite, 299.80'(M) t c12' UTILITY EASEMENT s.. '1 •' w �' "/ 1v646 FASTED) 'CDI p 3J �e ,�$ ! J Q&W L a299.Bd2a I �I (PB.-752_PG. —---- S 44.23'SBw(C) 9 L1 I �4�/ 49.62(C)(M) VACANT LAND I ' 5.44'24 /4w(M) % I 0 h Io 2 �O Lu m V 4 0 w LAJ Z tiCO aW TZ _¢ o Q A W QZ 3 WO a I� s ( ) Rk-,25. D) (HEAVY VEGETATION) ' I A�41(0YD) I I R=2B'(CXM) I A=.39.4O'(C)(M, ENU-3330003 OS115114 1 I %I 30 0 15 3o 60 j(GRAPM C SCALE 1N FEET) I 1 INCH = 30 FT IRA 450 I �I I.A.0 I e A AI I P I PA O I I PAC C6 h es r a i ' O D o I Z CL Of'1.• M '� (� � � 2 CtRdt X°� a AR W I I Q i I I I I I I II I �I I t INit c S 1 VACANT LAND I I (HEAVY VEGETATION) I I U� 12' UTILITY EASL1lIENT i (P.B. 152, PG _3) - - -' Yed 55 RVEY TIE ygOErA � u 11 »ice � 1RR!!!Ly N Pulp J) S.d "'32w(°aM),, 334.98 (M) .o : f YAscr IMPER eN TOP OF IVAeAr I ♦ °� ��IT N41LL ._ _.-..--...--.--. JO' GAANL RAa52, Ko3)WAY _,,._. ...�,�-.._..—.r. �--+�`lAlldy�Ly��%-•-�-.�:..�.:.' '•�= ..—.._..,�.T� ._�..�� .� r^(Ps. ts2. PC. s) 4y •41N1T£R'S foGf �..—.. a�, �� WATMIS EDGEcaw Nor S.d9'S6'40w(D)(Af) JM04'(D) 189'29'52w(M) -- -- 3 50' CANAL RIGHT-OF-WAY OWNER: CITY OF TAMARAC, FLORIDA ?EI150' CANAL RIGHT -OF -war I (P.O. 151, PG. 13) /R eaLt� ,j� i Q, (P.B. 151. PG. 13) WATER S EDGE ° va •. eP � (12-29-10) �. t► 4' �� ?9 r0�� ' „s. PARCEL 'A " "TAMARAC 1299 LAND TRUST PLAT" (P. S. 151, PG. 13) N.89'29WT.(CXN) 210' r OWNER: OLYMPIA PARK, LLC SURVEYOR'S CER_T2IC_eTrnTv INS SURVEY IS CERTIFIED TO: 1) NT TAAa W COAMAERICE CENTER AN LLC, A DELAWAR£ aWIED LA WTY COMPANY 2) O'REE70ERC ITRAURS, PA 3) ASIA TAMARAC, I.I.C. A FLORIDA LRNIED LIABILITY CL'LWf 4W 4) SMMS WEAVER MILLER WEML07 NA40£FF d SITTERSON, P.A. 5) CHACAOO TIRE WSURANCE COMPANY THIS IS 70 CDR7IFY IMF ftZ MAP OR PLAT AND TW &^EY ON NW.H R IS BASED WERE MADE N AMA"" WlH 2O11 MNM1dI" STANDARD DETAR. REOUIRElOIS FOR ALMIACSM LAND THE SLAnfM JOWLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS AND NaWES ffLW 1, 2, A 4, A 44A & IIN 1$ 14, 16. AND 18 OF TABLE A rADWOF: ThRS SU%FY MS RREPAAED PL MMT 70 7TIE ACCU24CY STANa3W Sr AS JOINTLY ADOPTED BY ALTA AND ACSM AND AN &7WT AS OF VIE WTE OF DNS CERf#X4)XW, OF AN URBAN SLIRVEY. TIRE FIELD OW NWS 001PPLETED ON DNS -__ DAY OF AAS AMP RAYS SCALT ON 7w _— WY OF DIES SURVIY CQAAPM 007H Thf MMNNRRJ TEChEMIGIL SMAGAIRDS A010PIED BY THE FLOV a STATE BOWRD OF SLtl?WMS AND MAPPERS RGRSLANT TO CIMPTER SJ-17, FLORAN ADAAR 67MTK CODE. �a�wA�G�s- 'sIs%'t(is & e+¢aa cetaiA�s, .Una. AOMOALD A I7T1T1, ASS+STANf MCf PRESICAEiVT PrWIfES".S17N1L LAAp S1A4rf)f?R A6. 21167 STATE OF ROW MD. DEMOTES AICEN A9W & CAP DEMOTES C411CH 94SAW DEAOIE$ MADRAS DMIZ DELTA ANGLE DEAORS AAIC LEACTH AWNS MEA:9M SLIIVEY WA DMIES RAT DaVra MMWIIXW PLARS1AIWr ro Dab It" FROWN S 0m; 1KRMN DOWES OOU WTICW Ao Suwr ro Cow7:MaCf AM DAIL. 2662a Pa. m Alp AaMMff PUTS DOp1E5 PACE DENDIES PUT BOOK R AWNS PAW aEACN C"IY AIECORNS ADVOTES WNW OMINTY RECORDS 40061E3 MW ELENInM TAVKDV 12-29-10 �— DOVOIES CENTER LANE r r DDWIES O+AAW LAIN FEACE DDVOTES WIE R MEW DEMOTES ORAAWCE A/AARW Amms SIM A mv&E DENOTES LAND BLOWSS Ll wms ARE NIDIINVT DEN7lES 11% AND DISC Amms 014WW Low PEACE 019 DEAWMY OMK RECAND 61O011' DEMOTES MIM I DEMOTES WN ME DEW= E ZnW CaNOWX 00VOIES D07MC ASPW %7 LEGAL DESCRIPTION A PART OF TRACT 8, SECTION 7, TOWVSW 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT OF FLOMDA FRUIT LANDS COMPANY'S SUBOPOSION NO. 2", AS RECORDED IN PLAT BOOK 1, PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIOA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS FROM ThE SOUTHWEST CORNER OF SAID TRACT B, RUN NORTH 89 D£GR£ES 56 MINUTES 40 SECONDS EAST, ALONG THE SOUTH UN£ OF SAID M4CT B FOR 75.0 FEET TO THE POINT OF BEGINNING,• THENCE NORTH 00 DEGREES 18 MINUTES 43 SECONDS WEST PARALLEL WRTM DIE war LINE OF SAID TRACT 8, FOR SU73 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.0 FEET THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE FOR 39.41 FEET THROUGH A CENTRAL ANGLE OF 90 DEGREES IS MINUTES 43 SECONDS TO TH£ POINT OF TANGENCY OF SAID CURVE;• ;HENCE EAST, PARALLEL WITH AND 3B.0 FEET SOUTH OF THE NOVRIN LNYE OF SAID rX4CT 8 FOR 332.91 FEET- THENCE SOUTH OO DEGREES 1B AIINUTFS 43 SECONDS £AST PARALLEL WITH THE WEST LINE OF SAID TRACT 8 FOR 608.52 FEET TO THE SOUTH UNE OF SAID TRACT B; rWACE SOUTH 89 DEGREES 56 MINUTES 40 SECONDS WEST ALONG SAID SOUTH LINE 358.04 FEET TO THE POINT OF BEGINNING; AND Sl1TJATE IN BROWARD COUNTY, FLORIDA. LESS LANDS CONVEYED TO THE CITY OF TAMARAC BY WARRANTY DEED RECORDED AUGUST 7, 1997 RN OFnC)AL RECORDS BOOK 25820, PAGE 866, OF Tiff PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. ALL OF THE FOREGOING LYING, BEING AND SITUATE IN THE NORTHEAST V4 OF SECTION 7, TOWMISHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. '�`O °" AL TA/A CSM LAND TITLE SURVEY A PART OP TR,l CT B OR SJ1'CTI01V 7, M NSL(IP 40 SOIITX, RANCS 41 FAST OF - _ "FLORIDA FRUIT LANDS COA(PANYS SUBDIVISION No. 2" AS RrC0RDBD IN PLAIT B00A- 1, PA.-r 102 OF TYf PUBLIC RECORDS OP PALA( BJi'ACII COUNTY, FLORILlA L 1 4 Swtba 07, ToaRra* 49 South, Rb7p 41 Eost, (fty of Toraoror;, ftwo'd Cowlg Raft LAW RLAMIERS • Goom s • aw no oDA "Ir NAY, Mftm, roam .iim ar fM#) &9-1010 FAY , AM ibis sI I is Tat Ways u*w it wars sw &M *LCQ. W 12-s9-10 a►�Nlalwo arld fAo aJSiosl raiws mod of s flw* AiDalllasd aNRwya aad nN�pM. Otlw Ab. rA/.iie I:a Ab.: -vr This is an "ALTA/ACBM Land Title Survey' AA, No. B-1871 LaERnra rf OF AUFALI TAAON Ma LO-87 CMOW * AAA DO all-10-l1 saals: AS SN#W sw I of 2 SWWs) 11 R EXHIBIT D TAMARAC WATER AND SEWER DEVELOPER'S AGREEMENT Development LOT # TOTAL # OF UNITS 1 METER SCHEDULE # OF ERVS WATER 8 SEWER 8 WATER CIAC FEES $13, 600 SEWER CIAC FEES $17, 600 TOTAL CIAC FEES $31,2000 # OF METERS 1 METER S— 2„ 0 DUMPSTER(S) CONNECTED TO SEWER @ 1 ERC EACH = 0 ERC'S (SEWER) TOTAL ERC'S 8 (Water) 8 (Sewer) 24 Water and Sewer Developer's Agreement.doc a n THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER &4o Ur AT 6" DIAMETER 3 AT 8" DIAMETER AT .Z��DIAMETER SERVED BY WASTEWATER PUMP STATION NO. ERC'S : SITE ACRES =1.04ERC'S/SITE ACRE HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE. 32OS4*15 P.E. # -Z'oQG:e L.CAM TYPE NAME 25 061155-Tamarac W&S Developers Agreement.doc