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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-018Temp. Reso. #11345 January 24, 2008 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- /? 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 INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP., FOR THE TAMARAC BUSINESS PARK PROJECT TO PPF INDUSTRIAL NORTH HIATUS ROAD, LLC., 2) APPROVE AN ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY PPF INDUSTRIAL NORTH HIATUS ROAD, LLC., AND 3) APPROVE AND EXECUTE AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP., AND PPF INDUSTRIAL NORTH HIATUS ROAD, LLC., FOR THE TAMARAC BUSINESS PARK PROJECT LOCATED AT 6200-6230 HIATUS ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Industrial Development Co. of America, LLLP., executed a Water and Sewer Developer's Agreement with the City of Tamarac on June 25, 2003; and WHEREAS, Industrial Development Co. of America, LLLP., developer of the Tamarac Business Park Project located at 6200-6230 Hiatus Road (attached hereto in map form as "Exhibit 1 ") transferred ownership to PPF Industrial North Hiatus Road, LLC., and WHEREAS, Industrial Development Co. of America, LLLP., has requested an Assignment of the Water and Sewer Developer's Agreement to PPF Industrial North Hiatus Road, LLC.; and Temp. Reso. #11345 January 24, 2008 2 WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Tamarac Business Park 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 Utilities that the Assignment and the Acceptance and Acknowledgement of Agreement and Consent to Assignment be approved; and that the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Industrial Development Co. of America, LLLP., and PPF Industrial North Hiatus Road, LLC., 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 Acknowledgement and Consent 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 Industrial Development Co. of America, LLLP., and PPF Industrial North Hiatus Road, LLC., for the Tamarac Business Park 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. SECTION 2: That the City of Tamarac hereby approves and accepts the 1 —1 L 1 Temp. Reso. #11345 January 24, 2008 3 Assignment of the Water and Sewer Developer's Agreement executed by Industrial Development Co. of America, LLLP., (attached hereto as "Exhibit 2") for the Tamarac Business Park Project located at 6200-6230 Hiatus Road. SECTION 3: That the City of Tamarac hereby approves the Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by PPF Industrial North Hiatus Road, LLC., (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 Tamarac Business Park 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 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: This Resolution shall become effective immediately upon its passage and adoption. C Temp. Reso. #11345 January 24, 2008 4 PASSED, ADOPTED AND APPROVED this day of rWMOOW, Kr: ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SA UEL S. GOREN I Y ATTORNEY BEfH • MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRA DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 1 1 • C] "Exhibit 2" Temp Resolution Number 11345 TAMARAC UTILITIES ASSIGNMENT FOR: TAMARAC BUSINESS PARK KNOW ALL MEN BY THESE PRESENTS: THAT, INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, having an address of 4100 North Powerline Road, Suite B-2, Pompano Beach, Florida 33073, a Florida limited liability limited partnership, party of the first part, in consideration of the sum of Ten and no/100 Dollars ($10.00), and other valuable considerations, received from or on behalf of PPF INDUSTRIAL NORTH HIATUS ROAD, LLC, a Delaware limited liability company, having an address of c/o Morgan Stanley Real Estate Advisor, Inc., 3424 Peachtree Road, Suite 800, Atlanta, Georgia 30326, 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 22 Water Equivalent Non -Residential Connections and 22 Sewer Equivalent Non -Residential Connections (collectively, "ERC Units"), also known as Utility Connections, as referred to in that certain Agreement recorded September 16, 2003, in Official Records Boob 36050, Page 764 of the Public Records of Broward County, Florida ("Agreement") by and between Industrial Development Co. of America, LLLP, 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 is incorporated by reference. FTL:2393349:1 Tamarac • • 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, effective as of this Is' day of November, 2007. FTL:2393349:1 Tamarac A — INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership AUGUSTINE FERRERA FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, General Pa er By: — AU STINE FERRERA, as Trustee oft e Augustine Ferrera Revocable Trust dated March 17, 1972, as Amended, as Managing General Partner MICHAEL J. FERRERA FAMILY LIMITED PARTNERSHIP, NO. 2, a Florida limited partnershi eneral Partner By: ICHA , as Trustee Of the M ael J. Ferrera Revocable Trust dated June 15, 1972, as Amended, as Managing General Partner LEE S. LASSER FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, General Partner By: �rT LEE S. LASSER, as Trustee of The Lee S. Lasser Revocable Trust Dated August 25, 1972, as Amended, As Managing General Partner STATE OF FLORIDA ) 1 SS.: CiZ�I1j� �l ill•(] � In, 9 C 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, the foregoing instrument was acknowledged before me by AUGUSTINE FERRERA, as Trustee of the Augustine Ferrera Revocable Trust dated March 17, 1972, as Amended, as Managing General Partner of the Augustine Ferrera Family Limited Partnership, a Florida limited partnership, General Partner of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, freely and voluntarily under authority duly vested in him by said partnership. He is personally known to me or has produced as 1 entification. WITNESS my hand and official seal in the County and State last aforesaid this 30 day of October, 2007. Notary Public Typed, printed or stamped name of Notary My Commission Expires: E�OW ter D. Slavis mmission # DD335124 0 pirse August 28, 2008 Tmy Fain • IMIMmu-Ina �00,91MT019 FTL:2393349:1 Tamarac 0 STATE OF FLORIDA SS.: COUNTY OF BROWARD 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, the foregoing instrument was acknowledged before me by MICHAEL J. FERRERA, as Trustee of the Michael J. Ferrera Revocable Trust dated June 15, 1972, as Amended, as Managing General Partner of the Michael J. Ferrera Family Limited Partnership, No. 2, a Florida limited partnership, General Partner of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, freely and voluntarily under authority duly vested in him by said partnership is personally known to me or has produced as n i ication. WITNESS my hand and official seal in the County an State last aforesaid this day of October, 2007. Notary Public My Commission Expires: FTL:2393349:1 Tamarac Typed, printed or stamped name of Notary E;�4yExpires er D. Slavismission # DD3]324 August 28, MY r.in • In corm, Ina p • STATE OF FLORIDA SS.: 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, the foregoing instrument was acknowledged before me by LEE S. LASSER, as Trustee of the Lee S. Lasser Revocable Trust dated August 25, 1972, as Amended, as Managing General Partner of the Lee S. Lasser Family Limited Partnership, a Florida limited partnership, General Partner of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, freely and voluntarily under authority duly vested in him by said partnership. He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County an State last aforesaid this 30 day of October, 2007. 1�141 Notary Public My Commission Expires: FTL:2393349:1 Tamarac Typed, printed or stamped name of Notary e'e pub, peter D. Slavis +� * C ommission # DD33512A Expires August 28, Z008 !l011dW Troy F ,I, . J"Umr ' Ifi: }� jrrrgl9 "Exhibit 3" • Temp Resolution Number 11345 TAMARAC UTILITIES ACCEPTANCE TO ASSIGNMENT FOR: TAMARAC BUSINESS PARK PPF INDUSTRIAL NORTH HIATUS ROAD, LLC, a Deaware limited liability company, having an address of c/o Morgan Stanely Real Estate Advisor, Inc., 3424 Peachtree Road, Suite 800, Atlanta, Georgia 30326, party of the second part, agrees to accept assignment of Utility Connections. PPF INDUSTRIAL NORTH HIATUS ROAD, LLC, a Delaware limited liability company By: PPF Industrial, LLC, a Delaware limited liability company, its Member By: PPF OP, LP, a Delaware limited partnership, its Member By: PPF OPGP, LLC, a Delaware limited liability company, its General Partner By: Prime Property Fund, LLC, a Delaware limited liability company, its Member Signa re (� Printed Name C gafore � rinted NamLk (-,L)4j�,- r.% FTL:2393349:1 Tamarac Morgan Stanley Real Estate Advisor, Inc., a Delaware corporat By: on its Man(�age�r� Nr Printed Name: Title: CXiGv7UF ( F •STATE OF 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, the foregoing instrument was acknowledged before me by 4 I , , y I I' ' the ���1�"f'n�; of Morgan Stanley Real Estate Advisor, , a Delaware corporation, Manager of Prime Property Fund, LLC, a Delaware limited liability company, Member of PPF OPGP, LLC, a Delaware limited liability company, General Partner of PPF OP, LP, a Delaware limited partnership, Member of PPF Industrial, LLC, a Delaware limited liability company, Member of PPF INDUSTRIAL NORTH HIATUS ROAD, LLC, a Delaware limited liability company , freely and voluntarily under authority duly vested in him/her by said company. He/She is personally known to me or has produced , ' a . _ as identification. WITNESS my hand and official seal in the County and State last aforesaid thiS_IL day of October, 2007, ry ubl"c le0 Typed, printed or stamped name of Notary My Commission Expires: M®lanle Lou Willi Notary Public, MY Commission 6Nr,s A14 1� "Exhibit 4" Temp Resolution Number 11345 C7 C� TAMARAC UTILITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: TAMARAC BUSINESS PARK The City of Tamarac, a municipal corporation of the State of Florida ("City"), hereby acknowledges that effective as of June 13, 2001, it entered into a Water and Sewer Developer's Agreement concerning Tamarac Business Park ("Developer's Agreement") with Industrial Development Co. of America, LLLP, a Florida limited liability limited partnership, as Developer, a copy of which Developer's Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by industrial Development Co. of'America, LLLP to PPF Industrial North Hiatus Road, LLC by Assignment dated as of November 1, 2007. The City hereby consents to and approved the Assignment of the Developer's Agreement from Industrial Development Co. of America, LLLP to PPF Industrial North Hiatus Road, LLC. ATTEST: By. Marion Swenson, CMC =City Clerk FTL:2393349:1 Tamarac ACCEPTED BY CITY OF TAMARAC eth Fl��an Baum—Talabisco— 9ayor Dated: T7 r , 2 0 0 8 y. C . 1i t.1.1�.c1 Jed y L. Miller, City Manager Dated:_�r__7/ 9 , 2008 APPROVED S TO FORM: By: amuel Goren, City Attorney • • STATE OF FLORIDA : SS COUNTY OF(494a 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, the foregoing instrument was acknowledged before me by BETH FLANSBAUM TALABISCO, Mayor of the City of Tamarac, JEFFREY L. MILLER, City Manager of the City of Tamarac, and SAMUEL GOREN, City Attorney of the City of Tamarac, all of Broward County, Florida, freely and voluntarily under authority duly vested in them by said City. They are personally known tome as identification. WITNESS my hand and official seal in the County and State last aforesaid thi52% cny of 2008. My Commission Expires: FTL: 2393349:1 Tamarac NOTARY PUBLIC•STATE OF FLORIDA .+��`,' Patricia A. Teufel 0Commission # DD6840D684007 ,"Expires: AUG. 25, 2011 BONDED THRU ATLANTIC BONDING CO., INC. NOTARY PUBLIC, State of Flori at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) F , Temp. Rsso. Xo. 11345 CITY OF TAMARAC �{ Soak: x.T.S N PUBLIC TOM DIMAR1 111M Ivn Hs ENGINICUMG DIVMN e SHEET 1 OF 1 W E s� ASSIGNMENT TO THE WATER AND s SEWER DEVELOPER'S AGREEMENT TR#1 1345 PERIW ri o _ d d A _ CAPTIVA T, d ISCUS LN. ST rc 71 ` ' 7 ,Ip $� 7 SECTION 21 PALM IDLE LN. � 7d i 70 CT SJEWEL gF BMX LN. s $7d $ 070 WE TWOOD 3 M_CNAB ROAD 0 ST T SUNSET POINT PARK TEE MCNAB CVS j Q PLAT BUSINESS TAMARAC PARK S , TAM AC MARKET �F 69 PL j GAR NS TAMARAC E T PLACE V.7 TAMARAC 1299 GARDENS WEST MSK 67'.. LAND TRUST A PLAT ARCH AURUFIN ALUMINUM II d WESTWOOD 2 67 ST 67 CITY FURNITURE °C 67 ST + + W F SUN BELT CARL & + AV S PRECISIDN ASSOCIATES 66 66 CT ARCH ALUMINUM �� ST c - an % AV W 6 CULLIGAN p11D�L_ W + g wS1 (SPYGLAS SUN -SENTINEL + 65 CT PARK + + + 7If VILLAGE LA TOSHIBA SW LAND SITE LOCATION BUSINESS SOLUTIONS g CaSYw 6iULF CIIURSE - R �+ + + + . + + G K ovum nuke c PUBLIC LAND SEC. Z y & i FIRS SERVICES k. Pun my PKW Q `• I STATION COMPLEX 7 I�lI Z C RD W-W LM gEL3 � jmrms z 3 yv',I COVERAGN 3_ 1i STATE STREET PLUM 4 HARBOR H FAIRBANKS WESTP13INT MAYORS WELRS i y CHRYSLER/ DISTRIBUTION �1 DODGE CENTRE 1 V,G,C. PARK w jOjj$ SONNYS j,�$A (VISUAL GRAPHIC ..J Nlr g ¢ ENTERPRISES CH� _ �A P.O.D.S SRC x STORAGE SAwwus3 IA7LV l g CONVERGYS GOLD Z FERGUSON 8 OFFICE COAST CORP. BUILDING REAL ESTATE MOHIL (CM RI) SUNRISE C❑MME CIAL BLVD TAMARAC BUSINESS PARK ..,� �.. EXHIBIT > AW DOW JON L DONKUY. RL CITY OF TAMARAC, BROWARD COUNTY, FLORIDA FL ky Sn SEC. 7, TWP. 49, RGE. 41 CFN # 107486603, OR BK 44791 Page 13, Page 1 of 7, Recorded 11/02/2007 at 02:24 PM, Broward County Commission, Doc. D $136500.00 Deputy Clerk 2070 Gay WqJ. CAUL jJ CMCAGO TPU INSURANCE CO. 2M CsATEW ()RIVE 770. POMPMMO KACN. KORIUA 33068 Return to: (enclose self-ad(Iressed stamped envelope) Name: Address: This Instrument Prepared by: Peter D. Slavis, Esq. Address: Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Boulevard, I5th Floor Fort Lauderdale, Florida 33301 Property Appraisers Parcel I.D. (Folio) Numbers(s): 19107-13-00110 Grantee(s) S.S.#(s): SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA This Special Warranty Deed, effective as of the In day of November, 2007, by INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, having an address of 4100 North Powerline Road, Suite B-2, Pompano Beach, Florida 33073, hereinafter called the "Grantor," to PPF INDUSTRIAL NORTH HIATUS ROAD, LLC, a Delaware limited liability company, whose post office address is do Morgan Stanley Real Estate Advisor, Inc„ 3424 Peachtree Road, Suite 800, Atlanta, Georgia 30326, hereinafter called the "Grantee": Witnesseth: That Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, all that certain real property situate in Broward County, Florida ("Real Prop"'), as follows: See Exhibit A attached hereto and made a part hereof SUBJECT TO: Those matters more particularly described on Exhibit B attached hereto and made a part hereof without intending to reimpose same. Together with all the tenements, hereditaments, easements and other appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. FTL:2380151:1 Tamarac r CFN # 107486603, OR BK 44781 PG 14, Paga 2 of 7 AND the Grantor hereby covenants with said Grantee that it has good right and lawful authority to sell and convey said Real Property; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through and under Grantor. In Witness Whereof, the Grantor has caused this Special Warranty Deed to be executed in its name by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered In the presence of: GRANTOR: INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership AUGUSTINE FERRERA FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, General Partner By: AI&GSTINE FERRERA, as Trustee of the Augustine Ferrera Revocable Trust dated March 17, 1972, as Amended, as Managing General Partner MICHAEL J. FERRERA FAMILY LIMITED PARTNERSHIP, NO. 2, a Florida limited partnership G eral Partne By: M CHAEL RE , as Trustee of the Mi el J. Ferrera Revocable Trust dated June 15, 1972, as Amended, as Managing General Partner LEE S. LASSER FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, General Partner By: xi pl dr7lQ-✓ LEE S. LASSER, as Trustee of The Lee S. Lasser Revocable Trust Dated August 25, 1972, as Amended, As Managing General Partner FTL:2380151:1 Tamarac CFN # 107486603, OR BK 44781 PG 15, Page 3 of 7 STATE OF FLORIDA SS.: COUNTY OF BROWARD 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, the foregoing instrument was acknowledged before me by AUGUSTINE FERRERA, as Trustee of the Augustine Ferrera Revocable Trust dated March 17, 1972, as Amended, as Managing General Partner ofthe Augustine Ferrera Family Limited Partnership, a Florida limited partnership, General Partner of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, freely and voluntarily under authority duly vested in him by said partnership. He is personally known to me o as identification. WITNESS my hand and official seal ;jinthe County and State 1 aforesaid this!30�PKday of October, 2007. )N!�yPublic Typed, printed or stamped name of Notary My Commission Expires: oY UM E> s:JWPd*ad,,,,,,,,, STATE OF FLORIDA SS.: COUNTY OF BROWARD 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, the foregoing instrument was acknowledged before me by MICHAEL J. FERRERA, as Trustee of the Michael J. Ferrera Revocable Trust dated June 15, 1972, as Amended, as Managing General Partner of the Michael J. Ferrera Family Limited Partnership, No. 2, a Florida limited partnership, General Partner of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida limited liability limited partnership, freely and voluntarily under authority duly vested in him by said partnership, fie is personally known to me as identification. WITNESS my band and official seal i4yped, nd State last ffname OL day of October, 2007. ublicrinted or stamtary My CommissionExpires: CE90W A. tlllNL*FNCW FTL:2380151:1 WOMB" i tlt189479E Tamarac EMFIE8: M 19, 2MB mse 1h. aerry ner<udwwrn Exhibit "2" Temp. Reso. No. 10136 TAMARAC UTILITIES WATER AND SEWER DEVELOPER'S AGREEMENT FOR: Tamarac Business Park (Name of Development) GENERAL LOCATION: 6200 — 6230 Hiatus Road INSTR # 103310611 OR SK 36050 Pages 764 - 792 RECORDED 09/16/03 11:51:56 BROWARD COUNTY COMMISSION DEPUTY CLERK 2000 03. 29 Pages THIS AGREEMENT effective this,15 day of � � �``— _ 1200 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 Industrial Development Company of America, L.L.L.P. At 4100 North Powerline Road Suite B-2 Pom ano Beach Florida 33073 hereinafter called "DEVELOPER". And Industrial Development Company of America, L.L.L.P. At 4100 North Powerline Road, Suite B-2, Pompano Beach, Florida 33073 hereinafter called "OWNER". WITNESSETH 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 Y -0:_ 1-AMARAC N, trJ. 88 AVENUE TAMARAC, FLORIDA 33321 981208 City Clerks DVt 1 Water and Sewer Developer's Agreement.doc 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 execute this AGREEMENT by motion passed at a regular City Commission meeting on r S .2003. 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, IF THIS AGREEMENT IS FOR (10) OR MORE ERC'S, DEVELOPER, may pay to CITY a Plan Review Fee of $750.00 (to be paid one time only). Said Plan Review Fee is to compensate CITY for CITY's expense in having said plans, specifications and engineering data reviewed by the Director of Utilities or his authorized representative. 3. Meter shall be INSTALLED BY CITY. No meter shall be removed, moved, bypassed, or altered in any way except by the CITY. Violation of this paragraph may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in default, or both. The imposition of a penalty shall be at the sole discretion of the CITY's City Manager or his/her designee. 4. Non -metered use of City water or use of water from fire hydrants may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in default, or both. The imposition of a penalty shall be at the sole discretion of the CITY's City Manager or his/her designee. B. INSPECTION AND SUPERVISION BY DEVELOPER'S ENGINEER DEVELOPER shall, at his expense, and at no expense to the CITY, retain the services of a registered professional engineer for the purposes of providing necessary inspection and supervision of the construction work to insure that construction is at all times in compliance with accepted sanitary engineering practices and in compliance with the approved plans and specifications. DEVELOPER shall notify CITY in writing of such appointment. A copy of each field report shall be submitted to the Director of Utilities' authorized representative. Should there be cause or reason for the DEVELOPER to engage the services of a registered engineer (other than the design engineer) for inspections, then DEVELOPER shall notify the CITY within five (5) days of such engagement. 981208 3 Water and Sewer Developer's Agreement.doc 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. During construction and at the time when periodic inspections are required, the Director of Utilities or his/her authorized representative shall be present and DEVELOPER's engineer shall be present to observe and witness tests for determination of conformance to approved plans and specification. The City's Engineering Inspector shall be on site at all times during sanitary sewer installation, and notified before any water lines are installed. Any work performed beyond the City of Tamarac Inspector's normal working hours 7:30 a.m. to 4:00 p.m., (Monday through Friday) must be inspected. The cost of inspection conducted by the CITY Inspectors beyond normal working hours will be paid by the DEVELOPER including overtime at the rate in effect at the time of inspection. The CITY reserves the right to directly invoice the contractor, developer and/or owner for the costs of inspections by Utility Department personnel that are requested or required to occur outside normal work days and work hours. F. COMPLIANCE WITH APPLICABLE LAWS The work to be performed by DEVELOPER, pursuant to the provisions set forth herein, shall be in accordance with all requirements of the regulatory agencies which have jurisdiction over the subject matter of this AGREEMENT as well as all applicable Federal and State Statutes, County and CITY ordinances. The requirements of this paragraph shall govern, regardless of any errors or omissions in the approved plans or specifications. 981208 4 Water and Sewer Developers Agreement.doc 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 8'/2" x 11" and attached to this AGREEMENT as Exhibit "C". Exhibit "D" is attached to this AGREEMENT and shall indicate the number of buildings to be built, number of residential, non-residential and accessory units and ERC's per building and the number of meters and meter sizes. The DEVELOPER's engineer of record will also supply to the CITY, meter calculations on all non-residential meters based on the South Florida Building Code tables 461, 46J and 46Q for meter sizes. Payment of the contribution charges is a condition precedent to the execution of this AGREEMENT. The payment of the contribution charges shall be made in accordance with the applicable sections of the City Code. The contribution charges applicable for this AGREEMENT are summarized as follows: CONTRIBUTION (WATER) 22 Non -Residential ERC's @ $1,400.00 Per ERC = I30,800.00 Total ERC's 22 (WATER) Total Contribution $30,800.00 981208 5 Water and Sewer Developer's Agreement.doc CONTRIBUTION (SEWER) 22 Non -Residential ERG's a@ $1,800,00 Per ERG = $39,600.00 Total ERC's 22 (SEWER) Total Contribution $39,600.00 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. 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. 981208 6 Water and Sewer Developer's Agreement.doo K. DELINQUENT PAYMENTS DEFAULT NOTICE OF DEFAULT 1. If any payment of GUARANTEED REVENUES required by this AGREEMENT is more than fifteen (15) days late, the CITY shall send the DEVELOPER a notice of delinquency by prepaid certified mail, and failure of the DEVELOPER to make the required payment in full within seven (7) days of the date shown on the notice shall constitute a default by the DEVELOPER. 2. Other than required payment of GUARANTEED REVENUES, if any act required by this AGREEMENT is not timely accomplished or if any act prohibited by this AGREEMENT is done, then this AGREEMENT shall be in default. Notice of default and the grounds for default shall be sent to the DEVELOPER by the CITY as provided in Part VI of this AGREEMENT. L. SANCTIONS AND PENALTIES Should DEVELOPER be in default of this AGREEMENT, it is agreed that the CITY shall have the right to exercise one or more of the following sanctions or penalties: 1. Any reserved plant capacity under this AGREEMENT may be rescinded and forfeited. 2. The site plan for the PROPERTY is voidable by Resolution of the City Commission. 3. No final inspections shall be approved by CITY. 4. No Certificate of Occupancy shall be issued by CITY for any unit on the PROPERTY. 5. There shall be an interest penalty equal to the maximum rate allowed by Florida State Law on any payments due to CITY from DEVELOPER which are not paid. The penalty, when applicable, shall accrue from the due date of payment as provided in this AGREEMENT. fi. The CITY shall be entitled to lien the PROPERTY and foreclose the lien in satisfaction of any payments due under this AGREEMENT. 7. CITY shall be entitled to any other remedy at law and failure to exercise any remedy shall not constitute a waiver of said remedy. 981208 7 Water and Sewer Developer's Agreement.doe M. MISCELLANEOUS ADDITIONAL OBLIGATIONS OF DEVELOPER Prior to acceptance of the work required to be done, DEVELOPER shall, without cost to CITY: 1. Convey to CITY and its successors and assigns, by good and sufficient exclusive easement deed, in a form satisfactory to CITY, a perpetual right, easement and privilege to operate, maintain, repair or replace all water and sewer mains, pipes, connections, pumps and meters within granted easements upon DEVELOPER's PROPERTY in connection with supplying water and sewer service to the inhabitants, occupants and customers in DEVELOPER's PROPERTY and secure from each mortgage and lienor a release of mortgagees' and lienors' interest in the easement and fixtures thereon for so long as the easement is used for the operation, maintenance, repair or replacement of water and sewer mains, pipes, connections, pumps and meters within the easements. Easements shall be a minimum of 20' wide for sewer and 15' wide for water. 2. Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER's right, title and interest in and to all of the water and sewer supply lines, mains, pumps, connections, pipes, valves, meters and equipment installed up to and within granted easements and right-of-way within the PROPERTY and off -site improvements installed for the purpose of supplying water distribution and sewage collection for DEVELOPER's PROPERTY. 3. Furnish CITY with an AFFIDAVIT that all persons, firms or corporations who furnished labor or materials used directly or indirectly in the prosecution of the work required to be performed by this AGREEMENT have been paid, or in the event of a dispute between the DEVELOPER and a contractor or subcontractor, furnish CITY with a BOND in the amount in dispute and in a form acceptable to the CITY. 4. Furnish CITY with a satisfactory surety bond or letter of credit in the amount of twenty-five percent (25%) of the cost of the work, in a form acceptable to the CITY, guaranteeing all work installed pursuant to this AGREEMENT against defects in materials, equipment or construction for a period of not less than one (1) year from date of acceptance of same by CITY, 5. Furnish CITY with T.V. inspection and air test of the sanitary sewer collection system performed one (1) month before 1-year warranty period expires. 6. Install cleanout on consumer's sanitary service in accordance with current Utility Standard Detail. 981208 8 Water and Sewer Developer's Agreement.doe PART 111. 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 22 ERC's of water service and 22 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.doe PART IV. MUTUAL COVENANTS It is mutually agreed by and between the parties that the preambles contained at the beginning of this AGREEMENT are true and correct and in addition to them, it is mutually covenanted and agreed, as follows: A. ASSIGNMENT OF THIS AGREEMENT In addition to binding DEVELOPER, the provisions of this AGREEMENT shall run with the land and be binding upon and inure to the benefits of successors in title to the PROJECT after this AGREEMENT has been recorded in the Public Records of Broward County, Florida. However, any other assignment or transfer of DEVELOPER's rights and obligations is prohibited unless: 1. Assignment shall be done in writing in the same formality as this AGREEMENT. 2. CITY shall be a party of said assignment and shall not withhold approval of assignment unreasonably. 3. DEVELOPER shall remain primarily liable to CITY for the terms and conditions of this AGREEMENT unless assignment is made in compliance with this section. CITY agrees to execute a "satisfaction by assignment" for DEVELOPER if this AGREEMENT is properly assigned. DEVELOPER agrees to make full disclosure to any party purchasing all or any part of the PROPERTY encompassed by this AGREEMENT as to all the terms hereof, and with particular reference to the GUARANTEED REVENUES set forth in Section I of Part II herein. B. REPEAL OF PRIOR AGREEMENTS All prior Developer Agreements or Agreements pertaining to the supply of water and sewer affecting the PROPERTY are hereby cancelled and declared of no force and effect upon that PROPERTY which is the subject matter of this AGREEMENT. PART V. MUTUAL ADDITIONAL COVENANTS PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS DEVELOPER It is mutually covenanted and agreed by and between the parties as follows: 981208 10 Water and sewer Developer's Agreement.doc A. EXCLUSIVE RIGHTS OF CITY CITY shall have the exclusive right to furnish water service and sewage collection service to consumers within the PROPERTY covered by this AGREEMENT. B. WELLS PROHIBITED EXCEPT FOR IRRIGATION DEVELOPER, his successors and assigns, and the owners and occupants of buildings on DEVELOPER's PROPERTY shall not install or maintain any water wells except for irrigation purposes. C. PROMULGATION OF REASONABLE RULES OF SERVICES CITY shall have the right to promulgate from time to time reasonable rules and regulations relating to the furnishing of water service and sewage collection service to consumers within the PROPERTY encompassed by this AGREEMENT. Such rules and regulations may relate to, but are not limited to, rates, deposits and connection charges and the right to discontinue services under certain conditions. The water and sewer rates to be charged by CITY to said customers shall be the rates now or hereafter charged to other customers within the area of service of TAMARAC UTILITIES WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and agrees that the rates are subject to change at any time by CITY. D. CITY NOT LIABLE FOR DEVELOPER'S OR CONSUMER'S PROPERTY CITY shall not be liable or responsible for maintenance or operation of any pipes, pipelines, valves, fixtures or equipment on any of the properties of the customers, consumers or users on DEVELOPER's PROPERTY other than the water main and water service lines (from the water main to the water meter) and the sewage collection system within granted easements to CITY pursuant to this AGREEMENT. E. SYSTEMS ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD WORKING CONDITION Each consumer of water service or sewage collection service on DEVELOPER's PROPERTY shall keep all water pipes, service lines including cleanouts, connections and necessary fixtures and equipment on the premises occupied by said consumer, and within the interior lines of the lot occupied by the consumer in good order and condition. The sale of water by CITY to the consumer shall occur at the consumer's side of the meter but the obligation for the maintenance of the lines shall be as set forth above and in applicable CITY regulations. 981208 11 Water and Sewer Developer's Agreement.doc 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. DISCI AIMFR Any temporary cessations or interruptions of the furnishings of water and sewer service to the PROPERTY described herein at any time caused by and Act of God, fires, strikes, casualties, accidents, power failures, necessary maintenance work, breakdowns, damage to equipment or mains, civil or military authority, riots or other cause beyond the control of the CITY shall not constitute a breach of the provisions contained herein nor impose liability upon the CITY by the DEVELOPER, his successors and assigns. J. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this AGREEMENT is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. K. RECORDING OF AGREEMENT This AGREEMENT shall be recorded by the CITY among the Public Records of Broward County, Florida, for the particular purpose of placing all owners or occupants of properties in DEVELOPER's PROPERTY connected to or to be connected 981208 12 Water and Sewer Developer's Agreement.doc 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. M. CONTROL OF CROSS CONNECTIONS AND BACK -FLOW 1. The purpose of this Section is to protect the public water main against actual or potential cross -connections and back -flow by isolating within the premises or Private Property contamination or pollution that has occurred or may occur because of some undiscovered or unauthorized cross -connection on the premises or Private Property. 2. POLICY a. No water service connection shall be installed or maintained by the CITY unless the public water main is protected by an Approved back -flow prevention assembly as required by Florida Administrative Code 17-22, applicable DEP regulations, and this Section. b. Any back -flow prevention assembly required herein shall be of a model type, and size approved by the Director of Utilities for the City of Tamarac, or his/her Designee, utilizing accepted practices and standards established by the American Water Works Association, AWWA C-506-78 or American Society of Sanitary Engineers Standard 1024. C. Service of water to any premises shall be denied or discontinued by the CITY if a back -flow prevention assembly 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. 981208 13 Water and Sewer Developer's Agreement -doe 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. Reduced pressure principle and double check valve assemblies shall be procured and installed by DEVELOPER, in accordance with the Standard Back -Flow Prevention Detail Sheet, which is available at the Tamarac Utilities Department, prior to the installation of the water service meter. g. Prior to connection of water service, the back -flow prevention assembly must be inspected and tested by a certified tester. If at the time of testing, the assembly is found to be malfunctioning, the DEVELOPER will be notified by the CITY and water service will not be provided until such time as the back -flow prevention assembly does pass inspection. h. Annual (or at intervals determined by Director of Utilities or his/her designee) inspections and tests of back -flow prevention assembly shall be performed by state certified back -flow tester. DEVELOPER/OWNER must have tests performed (with results submitted to Director of Utilities) by a State certified back -flow tester at Developer/Owner expense. The DEVELOPER/OWNER will be responsible for insuring that proper plumbing permits have been obtained and fees paid. N. WELLFIELD PROTECTION DEVELOPER acknowledges that property described in Exhibit "A" (is 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. 981208 14 Water and Sewer Developers Agreement.doc 0. PROHIBITED HAZARDOUS MATERIALS DEVELOPER acknowledges that Broward County and the City of Tamarac have ordinances that prohibit discharge of hazardous materials into the sanitary sewer system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85- 52). DEVELOPER agrees not to discharge hazardous materials into the sanitary sewer system as defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85-52 or as they may be amended. 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 88th Avenue Tamarac, Florida 33321 Notice so requested, shall States mail. FOR THE DEVELOPER: Mr. Lee Lasser Industrial Development Company of America, L. L. L. P. 4100 North Powerline Road, Suite B-2 Pompano Beach, Florida 33073 addressed and sent by prepaid certified mail, with return receipt be deemed given when it shall have been so deposited in the United 981208 15 Water and Sewer Developer's Agreement.doe PART VII. ADDITIONAL PROVISIONS A. EXHIBITS The following exhibits are attached as part of this Agreement and are incorporated into this Agreement: EXHIBIT "A" - Legal Description and Legal Sketch on an 8-1/2 inch by 11 inch page of the PROPERTY. EXHIBIT "B" - Receipt from third party for a portion of contribution charge: Applicable Not Applicable X EXHIBIT "C" - A sketch of the site plan of the PROPERTY reduced to 8-1/2 inch by 11-inch page size. EXHIBIT "D" - A listing for the PROPERTY indicating the number of ERC's allocated to each building, the number of meters per building, the meter size(s) and a payment schedule of phasing (if applicable). EXHIBIT "E" - Modification of CITY's water or sewer facilities if required by the Director of Utilities, if applicable. Applicable Not Applicable X 981208 16 Water and Sewer Developer's Agreement.doc IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: J Marion Swenson, CMC City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: I� e Schreiber Mayor Date: ( Jeffrey L. Miller City Manager Date: 4. aT3 Approved as to form: STATE OF FLORIDA rMitchell S. Kraft, : SS City Attorney 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 �5chrr tut r 'ai- C • /Il�ll�r' 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 ,y., JUNE A. WHITE Notary Public .�,r„Ms�,pq�res,4,c+s NOTA PUBLIC, State of Florida my cocommission #'w"90115 at Large BondW 9q NaWnsi Notary Asan- (k1 Personally known to me, or ( ) Produced identification (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( DID NOT take an oath 981208 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. Witness Type Name Aid Witness Type Name STATE OF FLORIDA : SS COUNTY OF Broward (DEVELOPER) Industrial Aevelopwent of America, LLLP tcc " Type Name rite Lee S. Lasser, Partuez- Type Name/Title I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afore ' an in th 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 Q day of 20.�2. KATHLEEN E. BAUMGARTNER Notary Public, State of Florida My Comm. up. Mr. 11, 2004 Comm. No. CC915945 ( ) Personally known to me, or (i4 Produced Identification ( ) DID take an oath, or ( �r.�y TAY PUBLIC, State of F' rids at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 981208 18 W aterandSewerDevelopee*Agreement Co. AFFIDAVIT HALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Lee S. Lasser do hilt, affirm that I am theGeneral ZLLW= of Industrial Development Co. of America. _ d that I have executed a Water and Sewer DEVELOPER'S Agreement with the City of Tamarac for Tamarac Business Park project and that 1 am the owner of the property covered by said DEVELOPER'S AGREEMENT. There are no mortgages held on the property which is the subject of said DEVELOPER'S AGREEMENT. STATE OF FLORIDA : SS COUNTY OF Broward FURTHER AFFIANT SAYETH NOT. (Signature) This day of°�'�� _ , 20 �. 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 Z-f 20 KATHLEEN E. BAUMGARTNER Notary Public, State of Florida My comm. exp. Mar. 11, 2004 Comm. No. CC915945 WOTY PUBLIC, State of Fl rida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) ( ) Personally known to me, or ( c r Produced Identification � `� ' �- �' �+ - 7 - 3S + Type of I.D. Produces. ( ) DID take and oath, or( ) DID NOT take an oath. 981208 19 WatersnaSeworDevelopoesAgreement IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. Witness Type Name Witness Type Name STATE OF FLORIDA : SS COUNTY OF Browa (OWNER) Industrial Developpment Co. of America, LLLP Type Namw7jae Lee S. Lasser Partner Type Name/Title 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 U3 . ( ) Personally known to me, or ( vI'Produced Identification ( ) DID take and oath, or ( NOTARY PUBLIC, State of F rid& at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 981208 20 W aterandsewerCeveloper&Agreement TOTAL ERC'S . 22 -0— DUMPSTER(S) CONNECTED TO SEWER gym' 1 ERC EACH = -0-- ERC'S (SEWER) (Water) 22 (Sewer) THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES: AT 4" DIAMETER AT 8" DIAMETER I AT 6" DIAMETER AT — DIAMETER SERVED BY WASTEWATER PUMP STATION NO. - z - - ERC'S + ll 4 SITE ACRES = 1. 53 _ ERC'S/SITE ACRE I HEREBY CERTIFY THAT THE NON-RESIDENTIAL WATER METERS LISTED ABOVE MEET THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE FOR THE INTENDED USE. Z_. - SEAL P.E. # , TYPE NAME 981208 21 WaterandSowerDevelopee&Agreement E_ HIX BIT D_ TAMARAC WATER AND §EWER DEVELOPER'S AGREEMENT Tamarac Business Park Development METER SCHEDULE # OF ERC'S WATER SEWER TOTAL # OF CIAC CIAC CIAC # OF METER LOT # UNITS WATER SEWS 96 EMEM f= METERS SIZE A 10 10 10 14,000 18,000 32,000 10 5/8" B 6 6 6 8,400 10,800 19,200 6 5/8" C 6 6 6 8,400 10,800 19,200 6 5/8" TOTALS 22 22 22 $30,800 $39,600 $70,400 22 NOTE: Each unit will have at least one unisex bathroom with flush tank toilets. Each bathroom is equal to five fijtture units per the Florida Building Code. The total fixture units for each unit will be 10. Florida Building Code allows for up to 18 fixture units on a 5/8" meter. TOTAL Water ERC's = 22; Sewer ERC's - 22; 22 - 5/8" Meters; Water CIAC Fees � $30,800; Sewer CIAC Fees - $39,600; Total CIAC = $70,400. 981208 22 Amendment to Water and Sewer Developers Agreement SKETCH TO ACCOMPANY LEGAL DESCRIPTION -"^ i — Droorrs C1NTL'R rxr "WEST " PARCEL CEL P.O.C. AWOMS POINT' 00 COMUCROWIM P.O.B. DBNOMS POINT 4 BZ=NW: N. Lp $1/AL TRAcr s (1-jW P-M0V.) R AWOUS RADIUS F PARCEL B D DINOMIrS D3'LTA � WMBAL AN= "S k N PLAT`' (154-28 DCR) A MOW ARC DIS9I CZ�� N89.2i'62•E -" 390,69' 1020.4 RO, BCR DrNOTrS BMARD 4Mff AZOV= BrACf1� COUNTY RRCORG�9 PARCEL PBCR UNOTU RAW N. LnV. 2 0.0fACRas) + . ORB DZMrS 0F1ICLIL AWMS BOOR Pa DrNons P" � •24's2•� P.O.B. N.W. come► Pmod � g'� R=902.00' A=88.79' yg N89 � 4230' PARCEL B P y '"S, & N. k N PLAT" (154-38 BCR) (P) 49.991(Note ) PARCEL "A pp S. & N.PLAT NO. TWO "~ (PLAT B001 171. PAGEY 1111-115) ti "WEST" PARCEL (14.18ftAQW) •• I � �,.._ — .... — _... �,.......�... _ r.. S89.21133'W 383.63' � .`. 4.3 ' 102 `(►. a LQmXZ N.1/1r TRACT 4 11-102 P.B.C.1) *AI + # Par= Or TRACT 4 (1-102 P.B.C:B.) 01►LORIAA MM MW C0.111+ANY'S SUBXMION Ni . k^ k fc 7. �16 M 297.91' N89`19'34'E (See Note 2) lb' H. LfiYJC TFILT 6 p-l" t.RC.JR) EXHIBIT "A" j i REVISED.' 01 20-0,ORDER NO.18"41 (REFLECTS MEAS. DIST) REVISED• 07-03--02; ORDER NO. 186502 (REFLECT RECORD PLAT) SHEET 1 OF 2 SHEETS LAND PLANNEI IZ40 CORPORATE WA' Y MIRAMAR, ORDER NO. 188469-W DATE. 06-12-D2 File name: K.• 1074941 `SMPLA N D0 ►i2G�.�GIZ � ��.S,OL'LQ.��3.� �.J1ZL'. • ENGINEERS • LAND SURPEYORS (LB#87) 1RIDA 33O Z6 TEL. NO. (964)436--7 O fO PAY NO. (964)438-3888 THIS IS NOT A "BOUNDARY SURVEY" PREPARED UNDER Nr SCAM ������`SEVY.-TREAS. ALFONSO C. TELLO, P.L.S. #2975 (STATE OF FLORIDA) Exhibit "All Temp Reso No 10136 ( LL'�AL DESCRIPTION TO ACCOMPANY SKETCH "WEST" PARCEL PORTIONS OF PARCEL " w "S & N. PLAT NO, TWO',' ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 171, AT PAGES 112 THRU 115, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF PARCEL A ", OF SAND IS & N PLAT NO. TWO, THENCE RUN NORTH 89 DEGREES 23 MINUTES 12 SECONDS EAST, FOR 849.99 FEET,• THENCE NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST, FOR 330.39 FEET,• THENCE NORTH 89 DEGREES 24 MINUTES 52 SECONDS EAST, FOR 390.68 FEET (LAST MENTIONED THREE COURSES BEING COINCIDENT WITH THE BOUNDARY LINES OF SAID PARCEL "A ; "S. & N. PLAT 80. YWO ); THENCE SOUTH 00 DEGREES 38 MINUTES 27 SECONDS EAST, FOR 660,J8 FEET,• THENCE SOUTH 89 DEGREES 21 MINUTES 33 SECONDS WEST, FOR 385.63 FEET THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS FAST, FOR 315.39 FEET,• THENCE SOUTH 89 DEGREES 19 MINUTES 54 SECONDS WEST, FOR 297.95 FEET; THENCE NORTH 25 DEGREES 15 MINUTES 26 SECONDS WEST, FOR 65.08 FEET, TO A POINT ON A CURVE SAND POINT BEARS NORTH 52 DEGREES 18 MINUTES 54 SECONDS EAST, FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE 77IENCE NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 102000 FEET AND A CENTRAL ANGLE OF 04 DEGREES 43 MINUTE'S 07 SECONDS, FOR AN ARC DISTANCE OF 84.00 FEET, TO A POINT OF TANGENCY THENCE NORTH 42 DEGREES 24 MINUTES 13 SECONDS WEST, FOR 13300 FEET (ZAST MENTIONED TWO COURSES, BEING ALONG LINES CONCENTRIC, PARALLEL AND 1200 FEEL' NORTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHEASTERLY RIGHT-OF-WAY LINE FOR. HIATUS ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 25525, AT PAGE 541 AND OFT7CNAL RECORDS BOOK 29158, AT PAGE 1172, BOTH OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA); THENCE SOUTH 47 DEGREES 35 MINUTES 47 SECONDS WEST, AT RIGHT ANGLES TO THE LAST MENTONED COURSE, FOR 6.00 FEET, THENCE NORTH 35 DEGREES 33 MINUTES 39 SECONDS WEST, FOR 50,36 FEET,• THENCE NORTH 42 DEGREES 24 MINUTES 13 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 1200 FEET NORTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES 70, THE AFORES41D NORTHEASTERLY RIGHT-OF-WAY LINE OF HIATUS ROAD, FOR 295.00 FEET; THENCE SOUTH 47 DEGREES 35 MINUTES 47 SECONDS WEST, AT RIGHT ANGLES TO THE LAST AND NEXT DESCRIBED COURSES, FOR 12.00 FEET; THENCE NORTH 42 DEGREES 24 M/NUTFS 13 SECNDS WEST, FOR 140.31 FEET, TD A POINT OF CURVATURE,• THENCE NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 90200 FEET AND A CENTRAL ANGLE OF 05 DEGREES 38 MINUTES 25 SECONDS, FOR AAP ARC DISTANCE OF 88.79 FEET, TO THE POINT OF BEGINNING. (LAST IWEN77ONED 7WELVE COURSES BEING COINCIDENT WITH THE BOUNDARIES OF THE AFOREMENTIONED PARCEL "4 , IS. & N. PLAT NO. TWO 7. ALL OF THE ABOVE LYING AND BEING IN SEC17ON 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, BROWARD COUNTY, FZORIDA. NOTES.• 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED 5 012448 "E•, ALONG THE EAST LINE OF THE NORTHEAST 114 OF SEC77ON 7, TOWNSHIP 49 SOUTH RANGE 41 EAST: 2) THE DIMENSION SHOWN ON THE MOST WESTERLY NORTH LINE OF PARCEL" 'AND THE DIX76101V SHOWN ON THE MOST WESTERLY SOUTH LINE OF PARCEL "A" WAS ESTABLISHED BY AFFIDAVIT FILED IN BROWARD COUNTY RECORDS O.R.B.34432, PAGE 212-214,8C.R. ORDERED BY- INDUSTRIAL DEVELOPMENT CORP. REVISED: 01-20-0; ORDER NO.187641 REFLECTS MEAS. DIST) REVISED .• 07 03-02, ORDER NO 186502 REFLECT RECORD PLAT) SHEET 2 OF 2 SHEETS �+ File name: K.•�074941 �S&NPLATM.DWG 7G�/2[•lT�LJ pe IS'�G�.�[l'Z e s' C � �.oeGa�E�, �12e. UND PLANNNRS • NNGINNNRS 240 CORpomrs WAY 11[rmmAR, FLORIDA 33086 ORDER N0. 188469-V DATE: 08-12-02 THIS IS NOT A 'BOUNDARY SURVEY" 9 LAND SUWYORS (LB#87) TSL. N0.(864)435-71010 FAY NO. (954)438--3288 PREPARED UNDER Iff SUF3XVISQN C'Y.-TREAS. ALFONSO C. TELLO, P.L.S. #2978 (STATE OF FLORIDA) �R-Lq] It r� ec M H n ", r;r s s 101311 TEMP. RESO. # a H T LN, 3 TRI1 BAILEY UJ LNOf . / a ` q' w PERIW NKEL LN, W CAPTIVA Q EA H DISCUS LN, � a a a r- 71 PL 71 oc 3 PALM IDGE LN. 7— CD6 7a cj .ten. v� JEWEL BOX LN. Spl g7. ANGEL WING DR, TEE PLAT J & J PLAT TAMARAC MARKET PLACE TAMARAC 1299 LAND TRUST PLAT LOVESHAW I.T.W. MIMA y/ SUNBELT AT&T W PRECISION ARCH CABLE CITY ALUMINUM + FURNITURE CULLIGAN W W WATER COMPANY W TAMARAC BUSDi „W PARK a� •8 vW PUBLIC SERVICES LAND SEC. COMPLEX a 7 FUTURE METALS w H WESTPOINT w FAIRBANKS DISTRIBUTION w H WESTP❑INT CENTRE 1 a SONNYS w ENTERPRISES y COOFFICEYS BUILDING TAMARAC-BUSINESS_PARK TAMARAC BUSINESS PARK WATER & SEWER DEVELOPER'S AGREEMENT Temp. Reso. #10136 May 12, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-_L,3 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 INDUSTRIAL DEVELOPMENT COMPANY OF AMERICA, L.L.L.P., FOR THE TAMARAC BUSINESS PARK PROJECT, LOCATED AT 6200 - 6230 HIATUS ROAD, REQUIRING 22 ERC'S FOR WATER AND 22 ERC'S FOR SEWER; REQUIRING THE PAYMENT OF $70,400.00 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, Industrial Development Company of America, L.L.L.P., the developer, Is constructing the Tamarac Business Park Project, located at 6200 - 6230 Hiatus Road (a copy of which is attached hereto in map form as "Exhibit 1"); and WHEREAS, the developer has offered a Water and Sewer Developer's Agreement to the City of Tamarac for the Tamarac Business Park Project, as required by Code Sections 10-121(d), 10-122(f) and 10-123(e); and WHEREAS, the Water and Sewer Developers Agreement requires the purchase of 22 ERC's for water and 22 ERC's for sewer for a combined CIAC fee of $70,400.00 as required by Resolution No. R-98-136; and 1 Temp. Reso. #10136 May 12, 2003 2 WHEREAS, it is the recommendation of the Director of Utilities that the Water and Sewer Developer's Agreement be approved, executed and the payment of the CIAC fees required for the Tamarac Business Park 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 accept and execute a Water and Sewer Developer's Agreement with Industrial Development Company of America, L.L.L.P., for the Tamarac Business Park Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute a Water and Sewer Developer's Agreement (a copy of which is attached hereto as "Exhibit 2") with Industrial Development Company of America, L.L.L.P., for the Tamarac Business mark Project, located at 6200 - 6230 Hiatus Road. SECTION 3: The City will collect $70,400.00 in contribution charges prior to the Issuance of a Building Permit. SECTION 4: The City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. 1 Temp. Reso. #10136 May 12, 2003 3 SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION.-: 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: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 25th ay of June, 2003. ATTEST: MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO - DIST 3: COMM. SULTANOF DIST A: V/M ROBERTS .�-i- w MITCHELL S. KRAFT CITY ATTORNEY JD/DM/mg