HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-105Temp. Reso. # 12234
September 25, 2012
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO 1) APPROVE AN
ASSIGNMENT OF THE WATER AND SEWER
DEVELOPER'S AGREEMENT WITH CLUB SHOPPING
PLAZA ASSOCIATES, FOR THE CHASE BANK PROJECT
TO JP MORGAN CHASE BANK, NATIONAL ASSOCIATION,
A NATIONAL BANKING ASSOCIATION, 2) APPROVE AN
ACCEPTANCE TO ASSIGNMENT EXECUTED BY JP
MORGAN CHASE BANK, NATIONAL ASSOCIATION, A
NATIONAL BANKING ASSOCIATION, AND 3) APPROVE
AND EXECUTE AN ACKNOWLEDGEMENT OF
AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN
CLUB SHOPPING PLAZA ASSOCIATES, AND JP MORGAN
CHASE BANK, NATIONAL ASSOCIATION, A NATIONAL
ASSOCIATION, FOR THE CHASE BANK PROJECT
LOCATED AT 6399 W. COMMERCIAL BOULEVARD;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, Club Shopping Plaza Associates, executed a Water and Sewer
Developer's Agreement with the City of Tamarac on February 1, 1979; and
WHEREAS, Club Shopping Plaza Associates, the original developer of the Chase
Bank site located at 6399 W. Commercial Boulevard (attached hereto in map form as
"Exhibit 1") transferred ownership to JP Morgan Chase Bank, National Association, a
national banking association, and
WHEREAS, Club Shopping Plaza Associates, has requested an Assignment of
Temp. Reso. # 12234
September 25, 2012
Page 2
the Water and Sewer Developer's Agreement to JP Morgan Chase Bank, National
Association, a national banking association; and
WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement
for the Chase Bank Project, the City of Tamarac shall approve all Assignments of the
Water and a Sewer Developer's Agreement; and
WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement,
the City shall be a party to said Assignment; and
WHEREAS,
it is
the recommendation of the Director
of Public Services that
the
Assignment and
the
Acceptance to Assignment be
approved; and that
the
Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer
Developer's Agreement between Club Shopping Plaza Associates, and JP Morgan Chase
Bank, National Association, a national banking association, be approved and executed;
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: 1) Approve the Assignment; 2) Approve the Acceptance to
Assignment; and 3) Approve and execute the Acceptance and Acknowledgement of
Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement
between Club Shopping Plaza Associates, and JP Morgan Chase Bank, National
Association, a national banking association, for the Chase Bank Project.
Temp. Reso. # 12234
September 25, 2012
Page 3
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 I
The City Commission hereby approves and accepts the
Assignment of the Water and Sewer Developer's Agreement with Club Shopping Plaza
Associates to JP Morgan Chase Bank, National Association, a national banking
association, a copy of which is attached hereto as "Exhibit 2", for the Chase Bank Project
located at 6399 W. Commercial Boulevard.
SECTION 3:
That the City of Tamarac hereby approves and accept the
Acceptance to Assignment executed by JP Morgan Chase Bank, National Association,
attached hereto as "Exhibit 3".
SECTION 4:
That the City of Tamarac hereby approves and executes the
Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer
Developer's Agreement for the Chase Bank Project, attached hereto as "Exhibit 4".
SECTION 5:
The City Clerk is hereby authorized and directed to record
said agreement in the Public Records of Broward County.
SECTION 6:
All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7:
If any clause, section, other part or application of this Resolution
Temp. Reso. # 12234
September 25, 2012
Page 4
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 8:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of
BETH TALABISCO
MAYOR
ATTEST:
PETER M. J.
CITY CLERK
RM. CMC
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO�-' =-
DIST 1: COMM. BUSHNE L z�'-
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER f-r
DIST 4: COMM. DRESSL R -�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. 60RYN
CITY ATTORNEY
,2012.
y
Elm
mo�
_w�
CITY OF TAMARAC
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
Temp. Reso. No. 12234
Scale: N. T. S
SHEET 1 OF 1
ASSIGNMENT TO THE WATER AND
SEWER DEVELOPER'S AGREEMENT
TR#1 2234
(62 ST)
BAILEY RD
BU EYE CT ; z
\� \ %CL BHSE DR A R Lo
\ in
\ z z ILLA 5E
-I BANYAN u '
ANN LEE L
� \ � 3 SHAKER
BED � DA � \� � w WOOD �
w �° Q SPINNING
VILLAS AT WHE EL L :
OAK CT C4WOODLAND
CND S� Q GREEN
\\\ 0
`0 A Z O :
0 PLEASANT
�\. AND SEC, 11 a- PL 0
�\ \ HILL L ai
z PLEASANT : N v)
\� \\ Q 3 y LEASE AN z
HILL L
\ > Q v N�TEBURY
57 CT Q o� > 3 °= �= s C; LN 5
3 ca
Q FAITH o Q �, I:
BERMUDA cv UNITED °�° D �P !
m Q CLUB CHURCH 57 CT i
T
NQ'q T- -
N < J 1--57 ST E❑U
❑ .CZ � APAR
>w
WOODLAND z
> MEADOWS 56 PL i Ln
Ln
Q WOODLAND Q
Lr) 3 GREENS 3 : i.13
- Q of FOUNTAINS CE 58 PL �,
3 a � C❑MM RCIAL BLVD
WHITE OAK C (CO RD, 870) w
w a. 56 ST u 56 ST J Q
A J
Q Y z W Q Q U Z a- z >
P1�_--- J p
WATER OAK C 41 pIR' I
SITE ATtON � 41 -- 1p ,� NE �I 4; 1
D SEC,
►PAUTI L7 Drsi6w or j.J. W.Data: 4/16/12
Remarks B
Drum Bye: NJ. / Data 8116118
M""d Dw Datr
dDpnwd f Date:
CHASE BANK
EXHIBI T 1
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
SEC. 11. TWP. 49, RGE. 41
"Exhibit 2"
Temp Resolution Number 12234
TAMARAC UTILITIES
ASSIGNMENT
FOR: Chase Bank -Commercial Boulevard and NW 64th Avenue
Name of Development
KNOW ALL MEN BY THESE PRESENTS
THAT Club Shopping Plaza Associates, having an address of 6399 W. Commercial
Boulevard, party of the first part, in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS, and other valuable considerations, received from or on behalf of
JP Morgan Chase Bank, National Association, a national banking association
having an address of 1111 Polaris Parkway, Suite 11, Columbus, off 43240, party of
the second part, at or before the ensealing and delivery of these presents, the receipt
whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and
set over unto the party of the second part, the following:
All right, title and interest in and to
11
ERC units also
known as Utility Connections as referred to in that certain Agreement dated
January 2nd, 1979 by and between Club Shopping Plaza Associates, as Developer,
and the CITY OF TAMARAC, a municipal corporation of the State of Florida, as City,
which Agreement has been assigned to Seller. A copy of said Agreement dated
January 2nd, 1979 is incorporated by reference.
TO HAVE AND TO HOLD the same unto the said party of the second part, its legal
representatives, successors and assigns.
IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this
day of6k�qt.4�'Y- , 2012.
9641014 1 Assignmt.wpd
1
r
l t
t f
«
1
I f
In the presence of:
ry Av1%"3.3vu v�
Print Name'- "*� r
Witnessed t
Print Name
(CORPORATE SEAL)
STATE OF FLORIDA
SS
COUNTY OF
M
By:_,,
Its: " Andrew rs+
Printed Naf trket Director o onS
Dated:'.
HEREBY CERTIFY that on this day, before me,
the State aforesaid and in th ov ty aforesaid to take
appeared#' "{Li
an Officer duly authorized in
acknowledgments, personally
to me known to be
the person(s) described in and who`" --executed the foregoing instrument and
acknowledged before me that r`r executed the same.
WITNESS m hand and official seal this day of Yc .'
v v
2012.
( Personally known to me, or
( )Produced Identification
( �) DID take an oath, or
N
NOTARY PUBLIC, State of Florida at Large
GINA SHORTREED
NOTARY PUBLIC - STATE OF FLOR10A
COMMISSION # DD901073
r.w., C A; N vItM! I r! Vs Y.
Typed of I.D. Produced
DID NOT take an oath.
Wriif�4i IE ..
9641014 2 Assignmt.wpd
"Exhibit 2"
1
79- 34217
400
.�.._. THIS AGR.1,*T'.•IL' *r nade and cnty red into thi S !' day 0 r
197y , by andbt• t�srt�rt CL-J.S. 0�0 f�� .P.&Az --444 � -, A tR'.i
bervinafter referred to a.-; "VtWirope r" .•tnd TAKNUAC
EX., a Florida corpurat i on, livro inaf ter rercrrc•d t.0 "Sc•t v t,cL!
con, pany".
WHEREAS, Developer own:: ar control:: lands loCaLed in Draward Cottnty,
Florida, and described in Yxitib.it "A", attached hureLa and hereby madu a
part hereof as if fully set out in thits p;tragraj)h and harcinaf ter referred
to as "Property", and Developer has or is about to develop the Property by
erecting thereon single (artily residential, multi --family apartment btlildings,
and/or cor.-tmercial itapruvement.s; and,
WERFAS, in order to meet the financing and general rcqu trrtrents of
certain private agencies and certain Fedt-ral, Sl ILL, and local governmental
Fen c a4not d t , t ! . of alkupa
a VeLerans'
Ada:ini rat ra 1 np, c , ' i ra I n and 1) ting in-
stiLt t ns, i iar etc t a m •an sewn � s axed
servic .� b r p v se vc" c� Pro v,r y a to serve It • �s of each
residence, building, or tin 1t constructed or located on the Property; and,
I&IAS, D vo _ o f ' t a r and ewage f a-
c1lities to serve the Property, but is desirous of promoting the construction
of central w..nrer and sewage facilities by Service Company so occupants of
each residence, building, or unit constructed or located thereon will receive:
adequate water and sewage service; and,
WHERFAS, Service Company is willing, to provIde, in accordance with
the provisions and stipulations hereinafter set out, central water and sewage
facilities, and to extend such facilities by way of water distribution stains
and sewage collection mains, and to thereafter operate such facilities so that
the occupants of each residence, building, or unit constructed on the Property
will receive an adequate water supply and sewage disposal service from Service
Company;
NOW THEREFORE, for and in consideration of the premises and the mutual
undertakings and agreements herein contained and assumed and the furnishing of
additional services by Service Company as required by Developer in the develop-
ment of the land described in Exhibit "A" hereto, the Developer and Service
Company hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the
purpose of interpreting the terms as used in this agreement and
apply unless the context indicates a different meaning:
(a) "Property"_ - all the land described in Exhibit "A" and all
the land to which Service Company actually provides water or
sewage service;
(b) "Stage Area" - refers to a part of the Property which is being
or is to be developed as a unit;
(c) "Lot or Tract" - each building site
as shown on the master plan and plat.
as platted -for record or
m
00
r
a
Zic
_Z
La
Val"
•
•
.
(d) ",;c•:-V i_c.." t tic- r(•.-!d tit ess. and Ato i 1 I ty on t Is,.- part of
SC•t•t'iCt_co;-1pall}• to forth,.:!1 w.ltt'r 0: :,;'::.a1IV roVrt'iC(' IC► c•:1C'lI
lot . ill;:, tll:• nA i tit (•nat1Ce- by Svry i c'(' ct►;'thatly of ;lilt-ott•tt c•
pre !:ttre at t tie i►c►itlt c►f dol. ivory t l:.tl t corist. it tit t )1•.-
I•r11(k•ri lle. of and (lit, rct inter:anc e of :t cotr-
nvet. i un })ru,; ic! jnj-. for t hL of
::hail con.,.t i t c:t v the rc•tlder inn of :;vry ic-c. Sc,Wa;;(•
SC Vict• Ieft•r:: to sanitary ..c.wel• s:�•tt•ic•t
(e) "t'c'1111 of N_1it•(•ry►' -- irks }lc,in: t:itc•rt- tIt, • 1)1pi-s ()r t!ioter:;
n f ,.-ry coli i,!c• t t•d t: i t i! t ht• 1' i llv!; of t hi • (c►111MV10• I• .
U11les::: c►tl:c•rt: i;u+ i nd i va t ed, pc, inr of dol ivvr•y .:1:111 I)o .ct a
l►oi 111 c►n t hc+ c•OMMI:: ; i"' :: 3 cat l i nr;
(f) "Cos I.-m.'IteI. In:; '-al lat ir►t1" - a1 t foc• i 1 i.t ies: on tits• rc,:l:.t�t�::•r'::
s I(Iv o:- t-hv loci ill t of clel ivery;
{t;) "C:ontributio_n iu Aid--of--Con_strt%L t!nit". -- tite :suss c►f rwonc�y,
and/or property, repreuented l,' tlty va uc! of Cite water di::tr..--
bunion attd seum&e collection vystemt. constructed by Developer,
which lte•veloper covenants. nod ni rees tv pay to Sl: ry i cc- Company
as a contribution in aicl-of•-coltst•ructiott to induce: Srrvlce
Company to provide thc• (rater and sewage service to the: Property.
rl c t f_ t1 • -- r :: '1 Ida t C. ct
partition- -• f I l -. -. ~ 1 aticl ;e 1 i t C.
*ry e r it t .c. •
- - 1�_�j 11'�� t
(i) "Water and k-wer Fac.il it.Y" all or any part, of ttlr complete
wa d ' _ • t ztl r •tr, , ! c 1 rc t i c+ .• •:: t • , s n :ice; ►rs,
m 'I1;: . ► '�?Ic.
►I t r `11, Ce' ;, It i1 iti; c)r - f t .i t l 1 ''•
L1
ED
.�. `t'C. C►lie c ' , 'a lit ,� lit + n $L Ct! .�)il. ', 1 t:: .:tIC'-
cessoru ,-arid assigns, the exclusive right or privilce.c- to court r•tict:, otm,
maintain, ind operate tit(: hater and sE!wcr faacia:ity to serve the Property;
and the exclu::ive r1i►,ltt or privilege to cunstruct, own, maintain, .and operate
said facilities ill, under, upon, over and across. the present .•lttd future
streets, road n, terracer., alleys, a t.:etitcstt t s, reserved utility strip-.-- and
utility s1r( and any toublic place as provided and dedicated to public u.:e
In the record plat ., or as provided for in agreements, dedication:., or grants
made othertrise and independent of said record plats.
Developer hereby further agrees that the foregoing grants inclucle
the necessary right of ingress and egresz; to any part of the Property; that
the foregoing grants; shall be for such p:!riod of tine a:: Service Company or
its successors or assigns require- such rifht:s:, privileges. or casements in
the const:ritct:lon, otinership, maintennure, operat ion_or expa•1nS-ion of the viater
facility and the sewage facility; that in the event Service Company :is re-
quired or devires to Install any of its water or sewac,'e facilities in lands
within the Property lying outside the streets and easrlaent areas described
above, then Developer or the owner shall -,rant to Service Company without cost
or expense. to Sorviee Company the nece;:sary casement or easements for such
"private property" installation; provided all such "private property" install-
ation by Service Company shalt be made in such a manner as not to interfere
with the then primary use of such private property. Service Company covenants
that it will use due diligence in ascertaining all ea::ement loczationv; how-
ever, should Service Co1l);1ny install any of its facilities outside a dedicated
casement area. Developer, the successors and assigns of Developer, covenant
and ,Free that Service Company will not be required to move or relocate any
facilities lying outside a dedicated easen. ent area so long as the facilities
do not interfere with the then or proposed use of the area in which the facil-
ities have been installed.
Service Company hereby agrees that: all casement grants will be utilized
in accordance with the established and generally accepted practices of the
welter and the st:lt.1ge industry with respect to the installation of all its water
and sewage facilities in any of the easement areas; and that Developer or Dr.-
veloper's successors or assigns in granting casement hert~i.n, or pursuant to the
i
E
(2)
MR>�
M
•
1
leans of this ist:•.t rtf w-n: , shall l::tve the right to gr.tttt c!y:c let;:ivv or non-
exclusive rights, privileges and c•.1sel-mrntr to other per::ods:, firms or corpor--
i:t ioiis to prrn►icIe to the 1'ra;lerty .•sntl ulil icy acrvir.es nOwr t-1imi aalc•r uer►: ice
or newage t-ervice.
Devv]ni►t!r, as. a further cousideration of this altrovu-ic!nt and In ardor
to effectti-niv the foregoing grant:; to Service Company lu-reby place!; the fol-
lowicig convenant•, as a covclttant running with the 1,11id, upon the Property notel
thereby stibJectilig it to a ruservatiull, conditloti, lit:itLaHon or rv.Lric.tic►n
in f,zvor of Service Cvmpany, as follow:,:
"TA`IARM: irrim•I'a;S, iii(:., or iLr. s;tic cess.c►rs., ha.-; t)ie! role and c!xcli:-;',vr
right to pruvidc` ai11 W;itt'r itIldl fWW.1j,t' fit CI1itk'f; :1I1i1 St,'rVices tit Lhe Propel i j
des-crlbed in Exhibit. "A" and to ,Iny projwrty to which water or sctralf;r :;(-rvic•--
is :tcttt:lll y rc•ncic'rc•d by sc�ry ic-c' Cu::II►:111}•. �111 orcui�allt;; of au}• res Idclnce,
bu1ld1nr,, unit ur :improupetr Int erected or located on the Property, and all ::►01-
sequent or future• ownu!rs ar purehasprs of the Property, or Any pol't Ran thc'rc-:►f, ,
shall recolve their water .and sewage service from the aforesaid corporation,
or its successors, provide such services, or eit_he-r of then., to the property;
and, all occupant:: of any residence, building, un Lt or lmprovemcnt erected
or located on the Property, and all. subsequent or future owners or purchase's.
of the. Property, or any portion thereof, agree by occupylitP, any pri•mtsev on
the Property or by recording and deed of convc:yznce with respect to the Pro! rty
that they will not const ruc t , dig, build or otherwise make ava l ] Ale or usrt
water service or sewage service from any source other than that provided Ly
"SeeTr
I': y" et'cy c it ex u f tis r ';tr' •t i, .•toy w,►t c•r
welli • a 1 , ed :loci . c ►c, tt1c: o. c• o s:ttpplyIl:y
water co I' ing, r ii;; t t c P alert .
Further, in order t.o gives an additional and supplementary notice to
all t• i s t f 0 11r er ty o v i Comp.•ts:y
top Id • ! y with :1;Aird ct:age aici ie. c�cr sand Lise
Devel eby anv a - av a v rict a conve►zant
include in the gertura su iv n es r ct ions, and pl, a the: . ante of
record in the Public ilea rds of the jurisdiction in which the Property 4s
located.
4. Upon the continued accomplishment of well of the prerc•quir.1 tes con-
tained in this agreement to be performed by the Developer, Service: Company
convenants and agrees that it will connect the water distribution and sewage
collection facilities installed by bevelopor to the central water and
facilities of Service Company in accordance with the terms and intent of this
agreement. Such connection shall at all times be in accordance with rules,
regulations and orders of the Developer of Environmental Services. Service
Company itgrees that once it provides water and sewage services to the property
and neveloper or others have connected consumer itistallation s to its systems,
that thereafter Service Company will continuously provide, at Its cost and
Expense, but in accordance with the other provisions of this afroMent,
including rules and regulations and rare schedules, water service and scow. -Ise
service to the property in a manner to conform with the requirements of all
regulatory agencies having jurisdiction over the water supply- and sewage disposal
operations of Service Company.
i. it is the intention of the parties in entering into this agreement
that the: Developer grants to Service Company the exclusive right and privilege
to provide all the land set forth in Exhibit "A" consisting of approximately
acres with water and sewage facilities and services.
6. To induce Service Company to provide the water treatment facilities
and sanitary sewage treatment facility, and to continuously provide consumers
located on the Property with water and sewer services, Developer hereby cov-
enants and agrees to construct and to transfer ownership and control to Service
Company as a contribution in aid -of -construction the on -site water distribution
and sewage collection systems referred to herein its a contribution In aid -of --
construction.
00
so
30
�0
'.;�ttt■
Developer shalt c:aure to be prepared engincering plans prepared by
and mien trtl by n prof e.::.Tonal etii; inner rer. i:. tered in the State, of Florida,
showlttg the on --site t:atvr distribution sy:.tvem and grwap.e collection ::y::te-m
proposed to he installed to provide service to consumers within the subject.
property. Sucli detailed plan. may be limited to the first stage area only
and stiln;equktnt ::Lnj,,,c": t:say 13v furnished from tint► to time. However, each stwll
stage' nroo shai l eonf orm to a ranster plan for the developme t of the i're�h
and such nta�:ter plan shallshalllie. ::ttbtnittc•d to Service Company concurrent t.ichr
coar
pi'lor tn stith;.,j..;r on cif e•tsi;hict•ring for the f irst sL,tige. Deve•lol)or shall e.tt,
his etigi nc.c.r to subm; t govc rn inf; the- rt.t t er is l to be uSed --Md
the usr•th(ul and manner of isi::t:ell:iL.ion. Al] suets plan:. and spec ifirat]oils ::ul►--
r.;it tee to st•rV ic•t' CO:Iglany' ;. ung iiiver nha l l he t:uj)jv(, t to the appl-UV.tl Or
Service Company and no con.;Lru4Lilln shall cotntnenct.• ►tntil Service Company h.c::
approved ;:uc•h Plans .and ::poc i f i c:at ion.: in wr i t i tig. Service Company's e•nf; i tt.• r
shall notify Duvclopor of the approval of plans, or, 3n tho evc�::
such plan:. are disapproved, shall stare ill writing, the reasons for such di. -;--
approval, within 20 wurking clays from the date such plans are re.eelved by
Service Company's cngLneer. In then event Service. Company's ongincer doe:: not
nelvise Developer of place approval or dis .-ipproval after said 20 Working day::,
hoveluper's plans shall be decried to be. approved. Complete .as -built plans
shall be subnitred to Service Company upon completion of construction. After
the .•thpra�• I of plans and specifications, i)c•voloper shall cause to be con--
st rutted, at Itevelo er's own cost and extsense, the water distribution and
cost . •wt. p, t io y zs w an;: i p c icat on.,;.
Such rip Ca , • of 1 t ys ;It; l Z i 1< <� .any . I f t and/or
;: lttsap a L . n� 1 t rop ► Dr c I )e r . for Dev op • r. e and ex-
:` clustvc• use, required to transmit sanitary sewage to the Lreatment plant of
,: Sc r v, O;Ilany.
\
s t( L". l . L. c� !' z pay tl a 1 i •.1b f;e as set by
anyirem is ) car s m er in. allation�
of suffl.c.i.ent capacity for .all single' fim-illy residential, rtctlti-family, con
trcrc .:: installation or any other conne.ctlon requiring a measuring devise.
A schedule of meter charges has been attached hereto and marked ar. schedule
f_ of Exhibit "iti".
During the construction of the water d lstribuLion and sanitary Sewage
collection system;; by Developer, Service Company shall have the right to in-
rillpect. such in^L-allat ion to determine: that . Installations are in fact beJttg
made in accordance with the plates and specific. ions. Service Company shall
i control the quality of the installation and further sh.-111 be entitled to per-
form standard tests for infiltration, exf it trat.ion, line and grade and .all
other normal engineering tet:ts to determinc- that the sys-tems have been in --
stalled in accordance with the plans and specifications and good engineering
practices. Developer agrees to pay to Service Company, or Service Company's
authorized agent, the am.autit set forth in Exhibit "C" to cover the cost of
inspectlon of installations made by Developer or Developer's contractor.
Provided that Service Company shall be ready, willing and able to render
service to Developer, by these presence:, Developer hereby transfers to Service
Company, title to all water distribution anti :sewage collection systems installed
by Developer or Developer's contractor, pursuant to the provisions of this
agreement. Stich conveyance to take effect without further action upon the ac-
ceptance by Service Company of the said installation. As further evidence of
said transfer of title, and upon the completion of the installation and prior
to the rendering of service by Service Company, Developer shall convey to
Service Company, by Bill of Sale, in form satisfactory to Service Company's
counsel, the complete on -site water distribution and sewage collection system
as constructer! by Developer and approved by Service Company. Developer shall
further cause to be conveyed to Service Company, all easements and/or rights -
of way covering, areas in which sewer and water lines are Installed by record-
able document in fora satisfactory to Service Company's counsel. Developer
shall also convey by warranty deed, any and all lift station or pumping station
sites forming an integral part of the sewage collection system. All conveyance
of casements, rights -of -way or warranty deeds shall be accompanied by a title
policy or other evidence of title satisfactory to Service Company, establishing
Developer's right to convey such casements, rights--of-way or warranty deeds and
fP
MSR
n*v%
further evidencing Sc ry ice Company's r Lt;ht to the con t I nuott:: ctt j oyrlen t
of such casements, rlgl:ts-of-way or Warranty deed properties to tl:e
exclu:;l on of nny other pvc.acon In Interest. The use of Casements grartted
by Developer shall include the use by othc!r util it .ie . so long, as t:uch
uses by r_lec.tric, t0cphone or gas uttliLie, do not interfere with the
use by Service Company. Service Company agrees that t•hc. acceptance. of
the water distribution and t;c•w;ti;e collection ny;ttem:., .in.talled by
Developer, for nervice, or by acceptatico of site: Bill of Sale or Varr:uity
Dee dso slt;tll coti::titutc the a .sumpt ion cif respont.ibil ity by Service
Company for the eontliiuous optrat:iun anti r:;tittte.nance cif nuc•h
from that. elate for►,rard. Not with. -standing such acceliUanc v for operat Ic►a
and malttt.e•nanc_e by Survice: Ceitc;l►any, they Developer and his Contractor
nl,.reE• to 1',tt;tr.entec wurkm.-tnsltitt,m7tE!s•I.11 and equipment for a twerivci of
one (1) yvar from the t nits. of ace Lill tancc of tits• hill of Sala. <lorrgage:c,
If any, holding prior 1lent; on with prohertiv.,; nhal t be ruclttlre-d to re•lc•«:. •
such l Jolla, subordinate their posit Ion or ;join in t.iu! grant or dedicaLiun
of the easements, rights--of--way or warranty deeds. All water (Ut-tribut iot.
or sewage collection facilities, save and except consumer int:tallations,
shall be covered by easements, rif,.ists-of-way or, In the cares of lift Station
sites, by warranty deeds.
tl'henevur the development of the subject property involves one cunswiler
or .n unity of title of several consumers and in the oplition of Service
Company, ownership by Service Company of the internal water dIs-trihution
an e ) Sys t • not c �-. a an
p4n.
. of
Surce Alt►er a. 1 t o . u : lt'p and1ion for
urti trn. cc' s n i • Ill.t'r.. a u.. e: ini Mienever
Developer retains ownership and the obligation to maintain on -site facilities
the n Sr c • Co any ..ay imVall
-• , rc n • (� sir Zents to
as e l a tt it M-) ge co s tr tQi 11 Limes
wi in . 11 . b i r • InII r t c• s and expr:Ase,
the -r I s .age o - t sy,. &*IV t t cis , e essive
infiltration Into such on -site sewage collection system.
In addition to the contribution of the internal water distribution and
sewap,e collection system and further to induce: Service Company to provide
water treatment and waste water treatment plant capacities, Developer here,:by
agrees to pay to Service Company as a further contribution in .yid-of-conat ruction,
the sums of money set fortis on Exhibit "C" attached hereto and sonde a part. hereof.
The payment by Developer of the sum et forth in Exhibit "C" in accordance with
the times and the tranner set: fortis therein shall be considered essential to the
continued performance by Service Company of the terms and conditions of this
agreement. As used In this agreement, the term "Contribution in aid -of
construction" shall neap both the contribution of lines and contribution of
monies set forth in Exhibit "C".
Payment of the contribution in aid -of -construction does not and will not
result in Service Company waiving any of its rates, rate schedules or rules
and regulations, and their enforcement shall not be affected in any manner
whatsoever by Developer snaking the contribution. Service Company shall not be
obligatpd to refund to Developer any portion of the value of the contribution
for any reason whatsoever, nor shall Service Company pay any interest or rate
of interest upon the contributions. Except as may be specifically provided
herein.
Neither Developer nor any person or other entity holding any of the
Property by, through or under Developer, or otherwise, shall have any present
or future right, title, claim or interest in and to the contributions or to
any of the water or sewage facilities and properties of Service Company, and
all prohibitions applicable to Developer with respect to no refund of contri-
butions, no interest payment on said contributions and otherwise, are applicable
to all, persons or entities.
99�
Any user or consumer of water service or sewage service shall not be C-Z*"
entitled to offset any bill or bills rendered by Service Company for such servic
or services against the contributions. Developer shall not be entitled to off-
set the contributions against any claim or claims of Service Company.
7. Within a period of fifteen (15) days after the execution of this con9
-
tract, at the expense of Developer, Developer agrees to either deliver to
Service Company an Abstract of Title brought up to date, which abstract shall 6"10.
be retained by Service Company, and remain the property of•Service Company, or C�
(5)
0
Lei furnish Service Cu.z.-Pany, ant Developer's expi-nne, an opinion oC title froa
giial if i end at L torT►e-y--a L--1,tw with ret:pe-r. L to the Proper t y, which opittiott shall in..
clude a curro.•nt report on Lho stntus of t}te. title set Ling out the nab v of ter.-
Ioga►l L.Itle holders, till' ou► standing rac►rti;.►ges, uixer, liens and covenant::.
VW 111•0va::iurt': of L}ti!. p,ta•dgraph are for the purpose of ev Ulene_ing Devvlop(-l"..
legal right to grant Lhe exclt►s.ive right:: of service contained in this► al-re.t•--
ricitt. Any mortgages or l ivn itulder hatvini; aii Intvr(•st in the propt!rty s atl l Is-
required Lo Johi in tht• grant cif excltt::ivv -service rif;ht:: act forth in Oil-.
atgreetacnt .
B. 1'h(- par t ivs. }ter-eto recogn i %t- Lh,►t prior Lo the t ime Service. Cccm-
pany may at• Lt►ally upon a proi;rx.) to carry otr L the terra, and condi.t
of tills Sery icc Cu.!,ipatny nust cola. its approval from. various State .:
Local gove.`rnmetsta►l ,:tit hc►r• I ties having jetr ind ic:t ion and regulatory power over
tit(` construction, m.!i Littc`naiice and operation of water And sewage facilities.
If the Property iu not under franchise or certificate to other.., then Servic.-
Cv,mpany agrees that It will diligently and earnestly nt its expense make ties•
necessary ant] proper applications to all governmental authorities and will
pur::ue the same to the end that it will une its best efforts to obtain such
approvalti. Upon Service Company's final .approval of the plans for Developer's
water distribution and suwai;e collection systems, it shall be the respons.ib i.: 1ty
of the Developer's design engineer to forward such plans to the appropriate
regulatury agencies for Lh►wir approval.
9. w p . ,re: S Ser ► r u pa t i t all. �-r c:r ilitit•s
and tce� r i d, its or i f i t cons E� i } provid.itt,;
water t:orvlce and sewage service to the Property, shall at all times reutain in
t) st,.Ce-
i xc . i o era p of 5 • ice \ 5 cessor::
a►nd a tt p n �r ing a o i e �Gi or any.
rcsidi tet�C t
t c: i cur to a rr ►
ail or hava~ ey
r1g,iitcl.z' or tt � • s ei • ic}t `•, 'any rt of t}t:,r.,
for any purpose, including the furnishing of water or sewage services to ntitf-+'
pernons or entities located within or beyoutt thc .limits of the Property.
10. Developer, as at further and ez;.nential consideration of this agrE•-•--
rtent, agrees that Ucveloper, or the successors atud assigns of Developer, sh:t 11
not (the words "shall not" being used in ai mandatory definition) engage in ttt;-
business cor businesses of providing water or :sewage services to the: Property
during the period of time Service Company, its successurs and assigns, provide
water or sewage services to the Property, it being the intention of the part.ivs
hereto that under the forej;oina provision and also other proviulons of this
agrt:ement, Service Company shall have the Fold and exclusive right and privilege
to provide water and sewer services to the Property and to the occupants of
each residence, building or unit constructed thereon.
11. Service Company agrees that the charges for service: availability
and the rate's to be charged to Developer and individual consumers of water
service and sewage service shall be those set forth in the tariff of Service
Company and Extension Policy approved by the Florida Public Service Commission.
However, notwithstanding any provision in this agreement, Service: Company, its
successors or assigns, may establish, amend or revise from time to time in the
future and enforce charges, rates or rate schedules so established. However,
such changes, rates or rate schedules shall at all times be reasonable and sub-
ject to the regulation of the Public Service Commission, if applicable, or as
may be provided by law. Rates charged to Developer or consumers located upon
the Property shall at all braes be identical to rates charged, for tite time
classification of service, as are or may be in effect throughout the service
area of Service Ctompany. Exhibit "D", Guaranteed Revenue Agreement, shall be
considered an integral part of this Developer Agreement.
Notwithstanding any provision in this agreement, Service Company may
establ'i::ti, amend or revise from time to time in the future and enforce rules
and regulations covering both water service and sewage service to the Property.
However, all such rules and regulations so Established by Service Company shall
at all times he reasonable and subject to such regulations as may be provided
by law or contract. r
W
(6)
2AR
C-2-"
A
.Owl%
r]
` Atty iwh ini t MI 0:' i ut urc• to-,- •r ot, :inc•rc,w.od c•li.tr,;c�::. rate•::, r.:t ►
i -.;c•1ic•dttic-::, .tt�d rulr , ,►,�c? rc•t.t11 n t 1ott:; c•::t,;bl i ::It:•:i, cat• 1-4 !v i -:.•4.s-
forced It Scrv.icv Conp.iny ; rc► t atac tc: t i:;i.• in the• fittiire nlriI I be bIac!i.
upoll Deve lup.-r; tipo t any por::un or of hf►r c•ut i ty ho lei i tt;; by, t Iirotii;it or unc'.(,.•
11k,veloper; aiifl t,jwit ony tit-vr or t1w w.tt.i•r I.VI , �� ;tit<� ;:c•tl.t��
t:c•r%,1A' • jorovldt-d to the- Proliorty by Svrvicc- Comp.%IIy.
12. Uc•vt•lt)per, or ally owliel. of C•tily p;trc el of th(• Prc+port.y, or rtn; ecru;":!
Of any re::idt`itce, build-itig. or unit. l(icatc•d tltercon. shall trot. )live the- rit;i►.
to and sh:tl 1 not connevt .lay contwn.•r itu-t a1 1itt i(,it to tIt(, vat c!t• car ne-w •r !:
c i l it [c•:: of Soulcc► Co::tp;iti� alit it f urn;.zl Urr i t tc•ti 'application h-t:: buea tall.., t :-
Serv.i c:c! Ccur.t,any by t.Iw 1)rcw::ljc c L No tisc•r o f t. i t v r s v r v i re aiic; ::ris;igu ::rrV c•t: ,
yr either of them, in accordance with the then effeet.ive rule•;: and relttlat is-;t,;
`e of Sury ice Company and apprc►v:t l for t:ttclt c•onnc-c t ion Ivu. I -et tt gr.tnt cad.
a
[ Although the responsibility for connect -inl; the cuu.,;tt-�rr in:;t a 1 lat ic►:t
to the ling, of Service Company at t1w point of delivery is that of the De-
voloper or others thrin Service C.o.mpaay, u i th rt•fcrt•tice to ::uc•ii cullneCtio:is
the par t ie:; agree ,t:: f of tow:; :
(a) All consumer installation conch:ctlons must be inspected
by Service Con.1javy before backfilling, and cove.rIng of any pipes;
t Scr ►".rP,-16Y\rf_!1nspe io: fit
c n la t' t lire b i n by P.l t i or
ll v11 Itr on thin t f tt
(2 + hour";
e nni c)i comply i . oC tt t
s , to is a 3�cY• C patsy : r si: ell, t •
ni .cti th t ot ell 8 t•ed t 1 co er co
plies with these provisions.
The parties hereto further agree• that the costs or expenses of cocl--
structing all consumer Just.allat ions and all. coat-N and expense:: of operating,
reprising and maintaining any cou-stimer installation shall be oiat or Develo,.:•r
or others than Service Comp.iny.
13. This agreement shall be bitiding upon and shall Inure to the bene.it
of Developer, Service Company and their respect iva assigns and corporate site-
cessors by merger, consolidation or conveyance. However, in the event De-
veloper has not paid for and delivered to Service Company the contribution in
aid -of --construction provided to be delivered to Service Co::ipany by Developer
' under the terms of this agreement, then this agreement sliall not be sold, con-
veyed, assigned, transferred or otherwise disposed of by Developer without the
t
Written consent of Service Company first having been obtained. However, Service
Company af;rees not to unreasonably withhold such consent.
14. Until further written notice by either party to the other, all notices
provided for herein shall be in writing and transmitted by messenger, by mail
or by telegram, and if to Developer, t:ltall be mailed or delivered to Developer at:
and, if to Service Company, shall be mailed or delivered to 3t at:
15. The rights, privileges, obligations and covenants of Devolopec and
Service Company shall survive the completion of the work of Developer with re-
spect to completing the water and sewer facilities and services to any stage
area and to the Property as a whole.
16. This agreement supercedes all previous agreements or representations,
either verbal or written heretofore in effect between Developer and Service
Company, made with respect to the matters herein contained, and when duly executed, MS;
constitutes the agreement between Developer and Service Company. No additions,
alterations, or variations of the terms of this agreement shall be valid, nor
can provisions of this agreement be waived by either party unless such additions, F�
alterations, variations or waivers are expressed in writing •.and duly signed. .,
t
No Text
1
1
1 �
1
�
a !.r
{a iY•
Lp
A6 t
i C4
ilk
ice. V. ,r. L T v !
ri~=-11�=4. �1,'ar•Pi:�'�•11
,
• r e �'' � � e.' � i 1 ''t- � ti' e ! �',�y"ti ,'ti.`i :'11 r 1,` r L 1 •I :. 1 �':'.� i, a y'!
3 L�'.'��!?'a r° 1 OF.i IiCti:�l 1`rzl,4r;;r' 4 t'.'1 iitli 1 is „# `. i {yf �"'6��:• 14 i:l'+1• 11�,' iiti':•ir:::
:.Isis
f 1 1 Gi:! a.�i % • ate.-: F s AF : ' , 1• rr, ti -. !c{.i'x»
w •4i ill-; R !�• ii L s; L�e r 1':i'� 1::•1: ! a {:. 1 ; > F M�°
wit e kr.4Tjc P: L -L u 1. L I iT, ' J t e: �i' 1. e� . _ _i � . t` , r t: •r,1• . i,'.Trcl' .11,• a :1 1
. Lllr , :aG 1 § L` :- fCIr C1 r'. ii' •.°.S to ! rii A.". , f.11:1 E Iuks
�.':r' ; 1 V f - as i E I . d �: I f i; % : ' n : � :1 �i� f : � .1 ±C =. o 1' 1-; = i �. i r• :•l �' L I l : i ! I = . s ; : i !
11i: C C:C=s:i1 t ::: il~ ail 1 � i1-i$ ►.il '1�:1( ..:i:llCa`{•i•13
�''i »• j'i l { w• 1` 1, AT 1. 7t 17 1 L I 9 s.�,e pC l' D . 1 �i. (', I ri: " 1 �1' I : i' 6 L• + .
1� .'.1.e. f
1 F `' I •• 5 '' : I '1 i. 11.1 p Cl.-,
L 1:: y r x� r s ":a:
�, i i .e' t fry : s r!-' :
!! F • r
, .. ::
•
1•� � .:1L 1. 1 • " i�:'.i ri � e• .a�,,.�, I 1-� i
n. ��;« �. z r�! �: � s°
i`
.�r' -'�
i 1,,
",; 1.��1, 1 2 '. �c IiE : r"K"•.1 !
.. i":a•..i 1 ol_. ; •:°; i"i
1 ! !!• ! it 'r . ►. ° .it
`� 1 �!" 1 �! -
�1.•.ili: �i: , . �'_:', 1'! e.,.: r ti•�i- . • I IE ! i' ill 1 ,•!;'..,.1 .
V" r : ! k' • i t .: 'i j : y' : 1 : i . 1 •' 1 i i 1 • '. 1 i! 1 ".: 1 .$ i. ..'. ai1 .�'• ' .` _:�
:� ! .•' �y.°S•11� �` ..lii•" �, a. .l . 1 1. �� •��tl-b} i•6:•..:i 1 .1�, 1 n :•'.rl`I
1 ,Ja
.� a :, ►, i i~ ? i I.,L a i i i i 1' ,l x i L y f r C +'. i i z �.: 1 - lif- �j :,! .•�t°i -; r lily
Nit Ed 1".U°;I C.'a 1.`i1i �� iLi S• 1i � k 1�1a .111. � yc,i.!' 1 �1-I 1.-P.[%--or°v:��'�
SIT h7 P 0r TRl!.1. 11:16,
QQlr"h 77 Y CF r
,
a
ra
•
16
•
Look
Air
•
r�r. —r rr• r.w ram. w .•.�-
rrr- w•rw-.w r�arw.�. _
li'
i,v :'Jai { Y ?' a h t I.:
� 1 •r
r •
r L �- ••--TT
1�M
La
Win W a 1-%4 -:�j F• • ;w. ti ' -mm
,
Lra"T ,fE L i f-id!.7 0": rLtipJS dater 0� � .d• 4
ar. d -
� 1, it L i V LV �,' „ [a
.� •f i.i 1.7�'i1 C Y.�lll Lind ur lzh-°- l moil of the St,atr p f � p nip 1u:D�:c. E bbr,
L :f: perl%,-.n!+ L� jj 3;Jr.nj7-:� C 1Lp E 11-: r.1;q MT, J'n LC r mE a-ei ;V.ah o f aC:I u . A11:1
uh.--=3 dck&*;ejr -t it raffle exci'Uait-n atei Let roo " t4s: i,r 0 re.-L, -;at
itRd e,0014 0_r1 T-14.:sCr1t 01" Ci CPT 1. fq= Sr hp r-=-k ru-- p,., .L,l: C i1v 4 vii1 CiL'11C 101:10=1 c
-arodt itcy affixed Vhues R-a a�b ipf CJ4$,I k iu-.iL &r ::i Ld r-ovp.W1:E iOn . a :fid x'hC
NZ J ia-wCzk"111sc.Lnc Is: die 0114 41!4-14 r_.slf x&S d !r&fPbc i`1C S'O1f;, 261.1 11, U-iieZiu- i E-Ein
11AT-r tnt; lm,&-i siudibclzU by Elie CaycCn•1.rr y k T-ct>Fi~ r
,:P ;' KfiA C.,u Y c aft-!] of t i 1: .21 z i:•a @ r,. t
Cies u.-{l-•L. y and -S t a t� is p t 4 a y �a•:3 y Ita 159C -t r u, Ct` ;>au 1 d ...
,11
S-a
r
ar
No Text
13
.:, I Lhi*sI
1 - G j � �• 4` - 1 ST + ' f • � " i i1 R-� " e r 1.'".r-yy �'... � '1" r i
`ie.ff; rp.; :11: wTVFJ aL i ILIA i A 1 Ir! 'l 1; ::�S �
Jill, 'il3 � 6 J � e;-•_35 � � �Ridl r, � W.w'L I. f c`,nJ = r`le.I�ti :� ilN.�i � � L � � i`'�: J. Cregt `� `9 ��1," 1"
;,{ f••. by, ==i::"ti�h =� ! n�..,,,r71c.� �_ :: a I+i%+ + t t.11 I.•=It f a:l �1-GL+ r�+:J�t i xt
tii• i i s ti.. 'i' .lmv + iY 1 n'y ti 117 J.ILII ti' 1i L.1 E bC C U I MI: lit La90 I Lf:• -it. ::1-,' L ur L I I
:
L .�s"e`.! i °1'i�M f.i°`.. Ly '`' `!�.'�•i :..;k r r1�•I.`� 1 -a ,J! :,'�, C i iiILI i. I: 'i mI ?. � i�'{�: �I' p' I I,1t1; � i�
: , •;. .' i i i,-'- "•'1 +"_ j ti.:, fr C :% l'1; i:. +1 CO1"1 1 ` �1,1:1, �r l 1 1'+�• �•�L I, I i�±�:
�•' I . . i Al;ii :il., i'L 11 _L II,: l4. '1ti LLr:1 .1 "i. fiANN
fi-Z9st,;S:i:':!4 �.�` . 'rr I 1 A L5::1 , ,ia n% +
i.'•:� r:L L ;u T4.i I :. y�1 A C%.I� JMM� J3 'V!1 i L 11 ,1 L'Laic�l;'S !vz: ; L,tc, m1'.l.! "idL• a -I n.if � i��t`:�L-r- t
Pi!_' L'C"F :r, S" in Gs fi°. ti°°°��! �i`i '' ''' 1 t� ih.�a,} 41 r al; �� �:.SC � �:. 3:`C'r � t'r. 'C'jJ' i3T ' �11 :.;�'�f:�r:i L sn,
�E b,: = c11[, by .1: rtej:-Jraa.�- V C kil l y anal C°q-rLh, :b-uraSs_ 1;aW LL B' i ,r e- . co}L:
�r� [ °I�nrl 1r f= t:1 ii -tc i lob 1zw t I:�n r,. 1, 4rF. i n r l iid Sm , LALL iu-,t � Em [t rA
. p a , F t,
V, :1m .I' *v 1s o f nY �'-q n t i p _ iiu:L rc #:p m L L y Ef� T. CC6' +CWiv-0rdIiLC -D
SaQ,C.1, 1 � .- ;a fa, 1 a � -Y , Ec Lei IC- t � }i -:11i,F'°� S°i �rw � � � �is 1: � i is .«' i t L L -. a i%r a L : �C dFC; n t �,
ni.y1i C ,: C't. _f Uu _ .La... 1�. L��-a•S-Ci�•.ai~-m! Lc cr Lt.a av �1 r s, 1i1�_
s- '} r e o, f l t ti f IN— r.. j r v n i.Y f� L i,i t�:`� + C. l• � S � �. S
' .. �, :-i r Tn'tn,�+.a;)g7 ex.pI n r-c0 iri a �e
IIy,P-L c-,:�,Lc•n V-Dl_ lcjr"), c zE;:-i:!v8 Ly " ,t :'4� :t r., - ::' t»-- .-�:7y t; n i'-e i:*, Lr-.-PLN7 i'-N iurr per t y .
F
f ..
.: :tire, ►aaCr aM, d-idirZa :eta _.y f3 s n t ee 7.mli,; b , 0eve I cp w ,
t �jf i a a : $.1# r ,1 i�c h t:r trdnw E3s°itn `+ •e't�1 lec I Qn �f nes
F r
Plant CAP-dc 5 ty c2oam : 1,,.4Vdra,UrjFC Shart of pl.ar•, Caps - i t.;e
7-Adl C Un- S3 ,4 a DO
r
pl �►� �`o� i- �jRira�,
ram: Fie f � i Pa d Ih5p
Plant c putty chrane - in %11 aurm of ex - tum to reset a plant
11�•i c i I
Off-S-i c_ Chikrge - S,, a 35.00 per ERE dut me tf7�*- f.4ch c,-�nnec i n i l; rNzextmd.
i
pixy g� i,•iCs p �a,�' spoe mc;-lly ccmN;j,-,jsnts &nd a--ce:a zh#t f pr 1r,,Wj
;mvever ]; nt Ca;kz [fit t'ttiaC n E.hr& tittibimnt b# $18 .0 p-%1-d p%Wr1;L:4-,1G
I c a . taC Ct`� � 14 , �ct�l:iiC tlEr -iry Lrt CN=pimy ml.- 1.1. wet. 'rti I r t - h no"iC
o r -1Lt Ia.;d`a dic•atr6cid 1 Lip1m Ex ! rt 'W' id LM;� A&:rtvvcL:E , ! sa ,v ( @) A.na
17—c,rau LIB wa to and ? p s r plant capacity-, Said se.-kii r plant tUW,t Ct;}
plc �,l? It 1_i bbS our PTCXC Lt Plot aia , upOR:N Ctx td&-L4rilit!d fpCuri;
? +i' 'tp �` '�!a isi t+c I:I"�rf�.�'iiay un-J: ` Ft€watzr Treat eat, F.lf!ft' to• iVaepe
13tti:° 12U%382 ru' L •c4;�• Lsiegiq 1.1c. G1!4 '1 .
rc,servac an, .sh.i 1 'x' goM w1chaut any a 1,Cional comalrlf,raac.Eam we p:tiycant chae6for
hrer n Per —tad rg r-t. ylva s frem ctli� ,' eve nt,. Said res�4rY$,.Cl�ci�
511a,l intro t-P Ofle k,Anw t PC -W17 LIT zr,art,tic-rit ivfr dew-claper as to all
1 « p! S l•P.jl* 0� V.i® I nr;F1i; aplm -111, Lt ",0.
i
1 •a
•9
11)
a
N-4
•„r r ti - -- %#
r
U
ul
Y r I
L-
-b Tz' r n
pt
;
16
7
'I.
e--zj' i tz I
it L- C- 311
'r F 7P 3« E
71--lu i 1.
cl dr 9.IP'A i!7 Y: 'I.! - J." �.' C % j.�' e,-. it M
O'l vpw far 3 �&�a I f 1.7
ir
LI: L
L
71- 1-%
2 k thr Y 3 *,s- L Lt
�Z:" J � V=Aq C, ---I;k K w i'; --v!.
im
r. C, 12 4 w oC
7,( iterts'='=r.
r- L7 rya 7 QL� cll' It -a.7 a- .0sif L,O I L-r W a z Z f cylt -,-n- 3 on, L3 -,-% mc x L."'.-
3.
iL IV LO
C-tA3Lraaa:.&..!
et
:Ll
5: e r"q-j 2
Ag- A 5 .0 54
Ir if tZ4
Ity =e6.-E-rc I Ci
:L
n r
L
"I.Jr
CWO- Z 1C- IC41 lFfaCt-6=144 Mr, --.di SL
S I IL
Ln
I; i voice's for
ik--,5 ra: 4 -%* vet-d
pt-v t
"ite'leat -la F�!L: lit rot= i ff &--, re Am. Szq a. Ehr '7'yj-=k- =-t ;k! 'W.A s4jraq IL jr.4
.12 rA
nc rsl;ztelsocs azz,
4-ssilul:Ras oF bo2dolit .; 'by ::6;-:r4lqpicr'
0�0.
"—A-&
%IJ
9-1,
go w&%
w
rw
1
"Exhibit 3"
Tem Resolution Number 12234
TAMARAC UTILITIES
ACCEPTANCE TO ASSIGNMENT
FOR: Chase Bank -Commercial Blvd and NW 64th Avenue
Name of Development
JP
Morgan
Chase
Bank,
National
Association,
a national
banking
association,
having an address of 1111
Polaris Parkway, Suite
1 J, Columbus, OH
43240, party of
the second part, agrees to ac
ATT E S
By:
Type Name
Corporate
tWi
Andrew Feldberg
(Corporate Seal)
STATE OF FLORIDA
SS
C O U N TY 0 F*
assignment of Utility Connections.
CORPORATIO
0
Type Name
President
1.
JP Mor.-On C ase
Bares , NA
Brian
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid- and in the County afore aid to take acknowledgments, personally
a pp bbr�6,,-i eared me known to be the person(s)
described in and who executed the foregoing in. ment and acknowledged
before me and under oath that executed the same.
WITNESS my hand and official�eal this day of.t
,
20.
NO I-„IRI I�State of Elard
„ON
at GINA SHORTREED
qf(9f-;�RY PUBLIC -STATE OF FLORIDA
COMMISSION # DD901073
MY COMMISSION EXPIRES JULY 18, 2013
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
( V� Personally known to me, or
( )Produced Identification
Type of I.D. Produced
( ``) DID take an oath, or ( )DID NOT take an oath.
011405 Acceptance and Acknowledgment of
Agreement and Consent to Assignment
I
. A
JPMoi.c>AN CHAS E &CON
SECRIETAn.Y's CERTIFICATE
I, Colleen A. Meade, do Hereby certify that I alit a duly elected and qualified Vice President and Assistar
Secretary of JPMorgan Chase Bank, National Association, a national banking association dilly organized and exlstin
under the laws of the United States of America (tile "Batik") and that set forth below is a true and correct colt), c
resolutions duly adopted by the directors of the Batik pursuant to a unanimous written consent, effective as of March 2(,
2010. I farther certify that said resolutions, at the date liereof, are still in full force and effect.
RESOLVED that loati agreements, contt•acts, indentures, mortgages, deeds, releases, conve),ances,
assignments, transfers, certificates, certifications, declarations, leases, discharges, satisfactions, settlements,
petitions, schedules, accounts, affidavits, bonds, undoilakings, guarantees, proxies, requisitions, demands,
proofs of debt, clainis, records, notes signifying indebtedness of JPMor•gan Chase Batik, N.A. (tile "Bath:''), and
any other contracts, instruments or documents in connection witli tile. conduct of the business of the Batik,
«►Mettler or not specified in the, resolutions, of the Batik's Board of Directors (tile "Board") may be sighed,
executed, acknowledged, verified, delivered or accepted oil behalf of the Batik by the Chairman of the Board,
the Cliief Executive Officer, the President, the Chief Operating Officer, a 'dice Chairman of the Board, a Vice
Chairman, any member of the Operating Committee or Executive Committee, any Executive `rice President,
tile Cliief Financial Officer, the General Counsel, the Treasurer, the Controller, the Cliief Risk Officer, the
Secretary, any Senior Vice President, any Managing Director, any Executive Director, an), Vice President, or
any other officer having a fitrlctional title or official status which is at least equivalent to any of the foregoing,
and the seal of the Batik may be affixed to any thereof and attested by the Secretary, any Vice President or all),
Assistant Secretary; provided, llo-wever, that any guarantees, comfort letters or other letters of support issued b)►
tile. Batik iii respect of obligations of any of the Batik's affiliates or subsidiaries ("Support Documents") may be
executed only where consistent with such resolutions of the Board dated March 29, 2010, as amended, relating
to the provision of Batik guarantees and oilier" supl)oit issued by the Batilc in respect of obligations of its
subsidiaries and affiliates;
RESOLVED that powers of attorney may be executed on behalf of the Batik b)► the Chairman of the
Board, the Cliief Executive Officer, the President, the Cliief Operating Officer, a Vice Chairman of the Board, a
Vice Chairman, any member of the Operating Committee or Executive Committee, any Executive trice
President, the Cliief Financial Officer, the General Counsel, the Treasurer, the Controller, the Cliief Risk
Officer, the Secretary, any Senior Vice President, any Managing Director or any other" officer having a
functional title or official status which is at least equivalent to any of the foregoing; provided, however, that
such powers of attorney may not provide authority for signing Suppoil Documents except as where consistent
with such resolutions of the Board dated March 29, 2010, as amended, relating to the provision of Batik
guarantees and other support issued by the Batik in respect of obligations of its subsidiaries acid affiliates.
I further certify that Andrew L. Feldberg is liemby authorized and empowered to act oil behalf JPMor•gan Chas,
Batik, National Association in confoi-mity with the above resolutions.
WITNESS illy liand and the seal of JP1\4organ Chase Batik, National Association, on tile. ?4tli day of Augus
2010.
'X�
i
Colleen A. Meade
IC' Andrew- L. !d`eldberg 08 2-4 10
�
r
i
F'
M
i
3
c
JPMORGAN CHASE &COO
SECRETARY'S CERTIFICATE
a
I, Christine N. Bannerman, do hereby certify that I am a duly elected and qualified Vice President and Assistant
Secretary of JPMorgan Chase Bank, National Association, a national banking association duly organized and existing
under the laws of the United States of America (the "Bank") and that set forth below is a true and correct copy of
resolutions duly adopted by the directors of the Bank pursuant to a unanimous written consent, effective as of March 29,
2010. 1 further certify that said resolutions, at the date hereof, are still in full force and effect.
RESOLVED that loan agreements, contracts, indentures, mortgages, deeds, releases, conveyances,
assignments, transfers, certificates, certifications, declarations, leases, discharges, satisfactions, settlements,
petitions, schedules, accounts, affidavits, bonds, undertakings, guarantees, proxies, requisitions, demands,
proofs of debt, claims, records, notes signifying indebtedness of JPMorgan Chase Bank, N.A. (the "Bank"), and
any other contracts, instruments or documents in connection with the conduct of the business of the Bank,
whether or not specified in the resolutions of the Bank's Board of Directors (the "Board") may be signed,
executed, acknowledged, verified, delivered or accepted on behalf of the Bank by the Chairman of the Board,
the Chief Executive Officer, the President, the Chief Operating Officer, a Vice Chairman of the Board, a Vice
Chairman, any member of the Operating Committee or Executive Committee, any Executive Vice President,
the Chief Financial Officer, the General Counsel, the Treasurer, the Controller, the Chief Risk Officer, the
Secretary, any Senior Vice President, any Managing Director, any Executive Director, any Vice President, or
any other officer having a functional title or official status which is at least equivalent to any of the foregoing,
and the seal of the Bank may be affixed to any thereof and attested by the Secretary, any Vice President or any
Assistant Secretary; provided, however, that any guarantees, comfort letters or other letters of support issued by
the Bank in respect of obligations of any of the Bank's affiliates or subsidiaries ("Support Documents") may be
executed only where consistent with such resolutions of the Board dated March 29, 2010, as amended, relating
to the provision of Bank guarantees and other support issued by the Bank in respect of obligations of its
subsidiaries and affiliates;
RESOLVED that powers of attorney may be executed on behalf of the Bank by the Chairman of the
Board, the Chief Executive Officer, the President, the Chief Operating Officer, a Vice Chairman of the Board, a
Vice Chairman, any member of the Operating Committee or Executive Committee, any Executive Vice
President, the Chief Financial Officer, the General Counsel, the Treasurer, the Controller, the Chief Risk
Officer, the Secretary, any Senior Vice President, any Managing Director or any other officer having a
functional title or official status which is at least equivalent to any of the foregoing; provided, however, that
such powers of attorney may not provide authority for signing Support Documents except as where consistent
with such resolutions of the Board dated March 29, 2010, as amended, relating to the provision of Bank
guarantees and other support issued by the Bank in respect of obligations of its subsidiaries and affiliates.
I further certify that Brian A. Zolotor is a Vice President of JPMorgan Chase Bank, National Association with
specimen signature as follows and is empowered to act in conformity with the above resolutions.
WITNESS my hand and the seal of JPMorgan Chase Batik, National Association, on the 16" day of April 2012.
I
Christine N. Bannerman
A
"Exhibit 4"
Temp Resolution Number 12234
TAMARAC UTILITIES
ACKNOWLEDGMENT OF AGREEMENT
AND CONSENT TO ASSIGNMENT
FOR: Chase Bank -Commercial Blvd and NW 64t" Avenue
Name of Development
The City of Tamarac, a municipal
acknowledges that effective as of
corporation of the State of Florida,
I it entered into a
"City", hereby
Water and Sewer
Developer's Agreement concerning Chase Bank, "Developer's Agreement", with C_
Shopping Plaza Associates as Developer, a copy of which Agreement is incorporated
by reference.
The Developer's Agreement was subsequently assigned by Club Shopping Plaza
Associates to JP Morgan Chase Bank, National Association, a national banking
association by Assignment nment dated
The City hereby consents to and approves the Assignment of the Developer's
Agreement from Club Shopping Plaza Associates to JP Morgan Chase Bank,
National Association, a national banking association.
•: I
Acknowledgement of Agreement
And Consent to Assignment
ACCEP
ATTEST:
ichael C. Cernech
BY: &A& 6W-"(
Alm
Peter Richardson, C•'' ""' ° •
ity Clerk �. ,.• •, ,. Date:
NOW*
= A rov as to for
. �. 3 —. p p
��. �Fa •0...
. .
' By:
STATE OF FLORIDA •`'•••••••°••'`•� Samu S. Go en
4
1 , City Attorney
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid a d in the County foresaid to take acknowledgments, personally appeared
s�/j, 1 v � �e to me known to be the erson s described in and
p � )
who executed the foregoing instrument and 51)v acknowledged before me and
under oath that _- executed the same.
FF TAMARAC
WITNESS my hand and official seal this
20 /&Z.
TINA M. WHEATLEY
MY CONNISSION # EE5619
EXPIRES: August 06, 2014
ARY Fl. Notary Discount Assoc. Co.
(Personally known to me, or
)Produced identification
City Manager
day of
.
I?
• /M/I�
NOTARY PUBLIC, State of Florid
at Large
(Name of Notary Public: Print, Seamp,
or Type as Commissioned)
Type of I.D. Produced
( )DID take an oath, or (� � DID NOT take an oath
2 Acknowledgement of Agreement
And Consent to Assignment