HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-115Temp. Reso. #11243
June 29, 2007 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007-�J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A WATER AND SEWER DEVELOPER'S
AGREEMENT WITH PRESTIGE HOMES OF TAMARAC,
INC., FOR THE SABAL PLAM NORTH PROJECT, LOCATED
AT THE NORTHWEST CORNER OF THE FLORIDA
TURNPIKE AND COMMERCIAL BLVD., REQUIRING 322
ERC'S FOR WATER AND 322 ERC'S FOR SEWER;
REQUIRING THE PAYMENT OF $1,255,800.00 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, Prestige Homes of Tamarac, Inc. is constructing the Sabal Palm North
Project, located at the Northwest corner of the Florida Turnpike and Commercial Blvd., (a
copy of which is attached hereto in map form as "Exhibit 1 "); and
WHEREAS, Prestige Homes of Tamarac, Inc. has offered a Water and Sewer
Developer's Agreement to the City of Tamarac for the Sabal Palm North Project, as
required by Code Sections 10-121(d), 10-122(f) and 10-123(e); and
WHEREAS, the Water and Sewer Developer's Agreement requires the purchase
of 322 ERC's for water and 322 ERC's for sewer for a combined CIAC fee of
$1,255,800.00 as required by Resolution No. R-2006-203; and
1
Temp. Reso. #11243
June 29, 2007 2
WHEREAS, it is the recommendation of the Director of Public Works and 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 Sabal Palm North 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 Prestige Homes of Tamarac, Inc., for the
Sabal Palm North Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
ECTION 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: 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 Prestige Homes of Tamarac, Inc., for the Sabal Palm North
Project, located at the Northwest corner of the Florida Turnpike and Commercial Blvd.
SECTION 3: The City will collect $1,255,800.00 in contribution charges
prior to the issuance of an Engineering Permit.
SECTION 4: The City Clerk is hereby authorized and directed to record
said agreement in the Public Records of Broward County.
Temp. Reso. #11243
June 29, 2007 3
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of
2007.
ATTEST:
%le
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
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f�AMUEL S. GOREN
CITY ATTORNEY
BETH FLANSBAUM-TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO�
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER 61
, Temp. Reso. No. 17243
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EXHIBIT 1
CITY OF TAMARAC. BROWARD COUNTY, FLORIDA
SEC. 12. IWP. 40. ROE. 41
Exhibit 2 TR#11243
TAMARAC UTILITIES
WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: SABAL PALM NORTH
(Name of Development)
GENERAL LOCATION: Northwest corner of FL Turnpike and Commercial
THIS AGREEMENT effective this, day of ,1200�,
61
made and entered into by and between:
The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac,
Florida 33321, a municipal corporation of the State of Florida, hereinafter
called "CITY"
And
Prestige Homes of Tamarac, Inc.
At 11784 W. Sample Road Suite 101, Coral Springs, FL 33065
hereinafter called "DEVELOPER".
And
Prestige Homes of Tamarac Inc.
At 11784 W. Sample Road, Suite 101, Coral Springs, FL 33065
hereinafter called "OWNER".
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
981208 1 Tamarac-WS Developers 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 &vLb-7 200_.
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 Tamarac-W&S Developers 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, shall 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 Tamarac-W&S Developers 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.
E. ENGINEERS PRESENT ATTESTS
During construction and at the time when periodic inspections are
required, the Director of Utilities or his/her authorized representative shall be present
and DEVELOPER's engineer shall be present to observe and witness tests for
determination of conformance to approved plans and specification. The City's
Engineering Inspector shall be on site at all times during sanitary sewer installation, and
notified before any water lines are installed. Any work performed beyond the City of
Tamarac Inspector's normal working hours 7:30 a.m. to 4:00 p.m., Monday through
Friday) must be inspected. The cost of inspection conducted by the CITY Inspectors
beyond normal working hours will be paid by the DEVELOPER including overtime at the
rate in effect at the time of inspection. The CITY reserves the right to directly invoice
the contractor, developer and/or owner for the costs of inspections by Utility Department
personnel that are requested or required to occur outside normal work days and work
hours.
F. COMPLIANCE WITH APPLICABLE LAWS
The work to be performed by DEVELOPER, pursuant to the provisions set
forth herein, shall be in accordance with all requirements of the regulatory agencies
which have jurisdiction over the subject matter of this AGREEMENT as well as all
applicable Federal and State Statutes, County and CITY ordinances. The requirements
of this paragraph shall govern, regardless of any errors or omissions in the approved
plans or specifications.
981208 4 Tamarac-W&S 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)
Residential # 322 Units X 1 ERC's Per Unit @ $1,700.00 Per ERC
Non -Residential # 0 ERC's @ $1,400.00 Per ERC
Total ERC's 322 (WATER) Total Contribution $ 547,400.00
981208 5 Tamarac-WS Developers Agreement.doc
CONTRIBUTION (SEWER)
Residential # 322 Units X _ ERC's Per Unit @ $2,200.00 Per ERC
Non -Residential # ERC's @ $2,200.00 Per ERC
Total ERC's 322 (SEWER) Total Contribution $ 708,400.00
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 YES xx NO. If NO,
then GUARANTEED REVENUES commence one (1) year after the effective date of this
AGREEMENT. GUARANTEED REVENUES shall be due for all UNITS/ERC'S
assigned to the PROPERTY unless otherwise specified by this AGREEMENT.
3. GUARANTEED REVENUE, if initiated shall no longer accrue for a
unit when metered water and sewer service is established at a particular building and
the required customer deposits are paid to the CITY. However, if accounts are open in
the DEVELOPER's name and closed without a new account being established, the
GUARANTEED REVENUES shall resume.
4. The parties acknowledge the GUARANTEED REVENUE payments
made by the DEVELOPER shall be considered as revenue (income).
5. In accordance with Section 22-190 (b) of the Tamarac City Code,
there are sanctions or penalties that the City can exercise as a result of unpaid
guaranteed revenues, including interest penalties at a rate established by resolution of
the City Commission.
6. Unpaid Guaranteed Revenues are subject to annual interest rates
as established by City Commission.
J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE
NECESSARY
In addition to all other obligations of this AGREEMENT, DEVELOPER
may be required by the CITY to make modifications to the CITY'S water and sewage
systems because of the development's impact on the systems. The modifications are
981208 6 Tamarac-WS Developers Agreement.doc
set forth in Exhibit "E" and they shall be performed by DEVELOPER prior to the
issuance of the first Certificate of Occupancy, unless provided in this AGREEMENT.
K. DELINQUENT PAYMENTS, DEFAULT NOTICE OF DEFAULT
1. If any payment of GUARANTEED REVENUES required by this
AGREEMENT is more than fifteen (15) days late, the CITY shall send the DEVELOPER
a notice of delinquency by prepaid certified mail, and failure of the DEVELOPER to
make the required payment in full within seven (7) days of the date shown on the notice
shall constitute a default by the DEVELOPER.
2. Other than required payment of GUARANTEED REVENUES, if any
act required by this AGREEMENT is not timely accomplished or if any act prohibited by
this AGREEMENT is done, then this AGREEMENT shall be in default. Notice of default
and the grounds for default shall be sent to the DEVELOPER by the CITY as provided
in Part VI of this AGREEMENT.
L. SANCTIONS AND PENALTIES
Should DEVELOPER be in default of this AGREEMENT, it is agreed that
the CITY shall have the right to exercise one or more of the following sanctions or
penalties:
1. Any reserved plant capacity under this AGREEMENT may be
rescinded and forfeited.
2. The site plan for the PROPERTY is voidable by Resolution of the
City Commission.
3. No final inspections shall be approved by CITY.
4. No Certificate of Occupancy shall be issued by CITY for any unit on
the PROPERTY.
5. There shall be an interest penalty equal to the maximum rate
allowed by Florida State Law on any payments due to CITY from DEVELOPER which
are not paid. The penalty, when applicable, shall accrue from the due date of payment
as provided in this AGREEMENT.
6. The CITY shall be entitled to lien the PROPERTY and foreclose the
lien in satisfaction of any payments due under this AGREEMENT.
7. CITY shall be entitled to any other remedy at law and failure to
exercise any remedy shall not constitute a waiver of said remedy.
981208 7 Tamarac-W&S Developers Agreement.doc
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 an 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 Tamarac-W&S Developers Agreement.doc
PART III. CITY'S OBLIGATION
A. CITY'S MAINTENANCE OF SYSTEMS AFTER CERTAIN CONDITIONS
When, at no cost to CITY, (1) the water distribution and sewage collection
systems have been satisfactorily installed, inspected, tested and approved and certified
in writing by the DEVELOPER's engineer, together with the Director of Utilities, or
his/her authorized representative, and (2) when DEVELOPER has satisfied the
conditions of this AGREEMENT, then CITY shall thereafter maintain the water
distribution system and sewage collection system up to and within granted easements
upon DEVELOPER's PROPERTY. However, the CITY will only be responsible for the
maintenance of the sewer collection system from manhole to manhole and up to the first
cleanout of the service lateral within the granted easements and the CITY will only be
responsible for the maintenance of the water distribution up to the meter, fire hydrant, or
fireline service within the granted easements. The obligation of the CITY to furnish
water and/or sewer service other than construction water shall not arise until
DEVELOPER has completed the conditions contained in this paragraph. The CITY
shall reserve 322 ERC's of water service and 322 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 Tamarac-WS Developers Agreement.doc
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 Tamarac-W&S Developers 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 Tamarac-W&S Developers 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.
I. DISCLAIMER
Any temporary cessations or interruptions of the furnishings of water and
sewer service to the PROPERTY described herein at any time caused by and Act of
God, fires, strikes, casualties, accidents, power failures, necessary maintenance work,
breakdowns, damage to equipment or mains, civil or military authority, riots or other
cause beyond the control of the CITY shall not constitute a breach of the provisions
contained herein nor impose liability upon the CITY by the DEVELOPER, his
successors and assigns.
J. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this
AGREEMENT is for any reason held invalid or unconstitutional by any court of
competent jurisdiction such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions hereof.
K. RECORDING OF AGREEMENT
This AGREEMENT shall be recorded by the CITY among the Public
Records of Broward County, Florida, for the particular purpose of placing all owners or
occupants of properties in DEVELOPER's PROPERTY connected to or to be connected
to said water and sewer systems of CITY upon notice of each and every one of the
981208 12 Tamarac-W&S Developers Agreement.doc
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 Tamarac-W&S Developers Agreement.doc
d. Single family residences shall be protected by a dual check
valve, which will be installed by a plumber on the outlet side
of the meter after installation of the meter.
e. All services, other than single-family residences, shall be
protected by an approved reduced pressure principle
assembly or double check valve assembly, as determined by
the Director of Utilities or his designee, based on planned
water usage within the premises.
f. Reduced pressure principle and double check valve
assemblies shall be procured and installed by DEVELOPER,
in accordance with the Standard Back -Flow Prevention
Detail Sheet, which is available at the Tamarac Utilities
Department, prior to the installation of the water service
meter.
g. Prior to connection of water service, the back -flow
prevention assembly must be inspected and tested by a
certified tester. If at the time of testing, the assembly is
found to be malfunctioning, the DEVELOPER will be notified
by the CITY and water service will not be provided until such
time as the back -flow prevention assembly does pass
inspection.
h. Annual (or at intervals determined by Director of Utilities or
his/her designee) inspections and tests of back -flow
prevention assembly shall be performed by state certified
back -flow tester. DEVELOPER/OWNER must have tests
performed (with results submitted to Director of Utilities) by a
State certified back -flow tester at Developer/Owner expense.
The DEVELOPER/OWNER will be responsible for insuring
that proper plumbing permits have been obtained and fees
paid.
N. WELLFIELD PROTECTION
DEVELOPER acknowledges that property described in Exhibit "A" (is/is
not) within a Broward County protected well field zone of influence per Broward County
Ordinance 84-60 or within an existing or proposed well field zone of influence as
determined by Tamarac Director of Utilities. If property is within said zone of influence,
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 Tamarac-WS Developers Agreement.doc
O. PROHIBITED HAZARDOUS MATERIALS
DEVELOPER acknowledges that Broward County and the City of
Tamarac have ordinances that prohibit discharge of hazardous materials into the
sanitary sewer system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85-
52). DEVELOPER agrees not to discharge hazardous materials into the sanitary sewer
system as defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85-52
or as they may be amended.
P. VENUE
This agreement shall be governed by the laws of the State of Florida as
now and hereinafter in force. The venue for actions arising out of the Agreement is
fixed in Broward County, Florida.
PART VI. NOTICE
Whenever either party desires to give notice to the other, it shall be given by
written notice, sent by prepaid certified United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place specified as the place for
giving of notice, which shall remain such until it shall have been changed by written
notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for the giving of notice:
FOR THE CITY OF TAMARAC:
City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
FOR THE DEVELOPER:
Prestige Homes of Tamarac, Inc.
11784 W. Sample Road, #101
Coral Springs, FL 33065
Notice so addressed and sent by prepaid certified mail, with return receipt
requested, shall be deemed given when it shall have been so deposited in the United
States mail.
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.
981208 15 Tamarac-W&S Developers Agreement.doc
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 Tamarac-W&S Developers Agreement.doc
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By:
Marton-wenson, CIVIC
City CleT-k
STATE OF FLORIDA
SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:�
Beth Flansbaum-Talabisco .00
Mayor
te: gyoz� b'%
Je ey r. Miller
City Manager
Date: AW6 7
Approved s to form:
�' E&JV1
By'
almuel Goren
t� +nteriii City Attorney
COUNTY OF b :
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
'T-T,4t,,KLa[� rJ�7�iict�V, fo me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me ap4d-
erl that executed the same.
WITNESS my hand and official seal this.) ay of
20�.
Patricia A. Teufel
Commission #DD244811
Expires: Aug 25, 2007
Bonded T ru
Atlantic Bonding Co., Inc.
( Personally known to me, or
( ) Produced identification
NOTARY PUBLIC, State of Florid
at Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or( ID NOT take an oath
981208 17 Tamarac-W&S Developers Agreement.doc
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
By:
Type Name ROBERT CONNOR
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF�oJ
DEVELOPE�7 Prestig5 Homes of
Tamar , Inc.
By:
Type ame BRUCE CHAIT
President
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared Zruce 40-It to me known to be the person(s)
described in and who executed the foregoing instrument and. :j4 acknowledged
before me and under oath that A_ executed the same.
WITNESS my hand and official seal this a--L day of maL'j ,
2001 .
Kim I. LOSS
Commission #DD338964
=•. Q= Expires: Aug 02, 2008
4. O.....
FLOP Bonded -
„ . . . Atlantic Bonding Co., Inc.
(V� Personally known to me, or
( ) Produced Identification
NOTA Y PUBLIC, State of Florida
at Large
7i,.,, .i Loss
(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 18 Tamarac-W&S Developers Agreement.doc
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, BRUCE CHAIT do hereby affirm that I am the PRESIDENT
of PRESTIGE HOMES and that I have executed a Water and
Sewer DEVELOPER's Agreement with the City of Tamarac for SABAL PALM NORTH
project and that I am the owner of the property covered by said DEVELOPER'S
AGREEMENT.
There are no mortgages held on the property which is the subject of said
DEVELOPER'S AGREEMENT.
STATE OF FLORIDA
SS
COUNTY OF - ro, &rJL
FURTH AFFIANT SAYETH NOT.
(S' nature)
This a''°Z day of M , 200_L.
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 ?-brucc C1,L_ to me known to be the person(s)
described in and who executed the foregoing instrument and _acknowledged
before me and under oath that Al. executed the same.
WITNESS my hand and official seal this a^-L day of f g:u ,
200-7 .
Kim 1. Loss
2 `;'- Commission #DD338964
]Expires: Aug 02, 2008
Bonded Ttvu
�'9rF OF FLOP
Atlantic Bonding Co
( vfPersonally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large
M = . L ors
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or( ) DID NOT take an oath.
981208 19 Tamarac-W&S Developers Agreement.doc
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first above written.
ATTEST: OWNER Pr�stige xom of
i
Ta arac, In ,,.�
By: By:— ��/
Type Name ROBERT CONNOR
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF'-'bro-J&rA- :
Type Name BRUCE CHAIT
President
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared 1�jruee Cb o-� to me known to be the person(s)
described in and who execu ed the foregoing instrument and _acknowledged
before me and under oath that 0— executed the same.
WITNESS my hand and official seal this anal- day of " l� ,
2001 .
Commission #DD338964
Expires: AugTh022, 2008
' 9TFOF F1.�P Boiled
Atlantic Bonding Co., Inc.
( ✓Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
NOTAMf PUBLIC, State of Florida
at Large
--K1*'-,'n . Loss
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
DID NOT take an oath.
EXHIBIT D
981208 20 Tamarac-W&S Developers Agreement.doc
TAMARAC WATER AND SEWER AGREEMENT
DEVELOPMENT SABAL PALM NORTH
METER SCHEDULE FOR RESIDENTIAL USE
LOT#
# OF UNITS
OF ERC'S
WATER
CIAC FEES#
SEWER
CIAC FEES
NO. OF
METERS
METER
SIZE
WATER
SEWER
Block 1
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
10
1
1
1
1700
2200
1
5/8"
11
1
1
1
1700
2200
1
5/8"
12
1
1
1
1700
2200
1
5/8"
13
1
1
1
1700
2200
1
5/8"
14
1
1
1
1700
2200
1
5/8"
15
1
1
1
1700
2200
1
5/8"
16
1
1
1
1700
2200
1
5/8"
Block 2
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
Blook 3
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
Block 4
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
10
1
1
1
1700
2200
1
5/8"
11
1
1
1
1700
2200
1
5/8"
981208 21 Tamarac-W&S Developers Agreement.doc
12
1
1
1
1700
2200
1
5/8"
13
1
1
1
1700
2200
1
5/8"
14
1
1
1
1700
2200
1
5/8"
15
1
1
1
1700
2200
1
5/8"
16
1
1
1
1700
2200
1
5/8"
17
1
1
1
1700
2200
1
5/8"
18
1
1
1
1700
2200
1
5/8"
19
1
1
1
1700
2200
1
5/8"
20
1
1
1
1700
2200
1
5/8"
21
1
1
1
1700
2200
1
5/8"
22
1
1
1
1700
2200
1
5/8"
23
1
1
1
1700
2200
1
5/8"
24
1
1
1
1700
2200
1
5/8"
25
1
1
1
1700
2200
1
5/8"
26
1
1
1
1700
2200
1
5/8"
Block 5
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
Block 6
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
10
1
1
1
1700
2200
1
5/8"
11
1
1
1
1700
2200
1
5/8"
12
1
1
1
1700
2200
1
5/8"
13
1
1
1
1700
2200
1
5/8"
14
1
1
1
1700
2200
1
5/8"
15
1
1
1
1700
2200
1
5/8"
Block 7
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
10
1
1
1
1700
2200
1
5/8"
11
1
1
1
1700
2200
1
5/8"
12
1
1
1
1700
2200
1
5/8"
13
1
1
1
1700
2200
1
5/8"
14
1
1
1
1700
2200
1
5/8"
15
1
1
1
1700
2200
1
5/8"
Block 7
1
1
1
1
1700
2200
1
5/8"
2
1 1
1 1
1
1700
2200
1
5/8"
981208 22 Tamarac-W&S Developers Agreement.doc
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
10
1
1
1
1700
2200
1
5/8"
11
1
1
1
1700
2200
1
5/8"
12
1
1
1
1700
2200
1
5/8"
13
1
1
1
1700
2200
1
5/8"
14
1
1
1
1700
2200
1
5/8"
15
1
1
1
1700
2200
1
5/8"
16
1
1
1
1700
2200
1
5/8"
17
1
1
1
1700
2200
1
5/8"
18
1
1
1
1700
2200
1
5/8"
19
1
1
1
1700
2200
1
5/8"
20
1
1
1
1700
2200
1
5/8"
Block 8
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
10
1
1
1
1700
2200
1
5/8"
11
1
1
1
1700
2200
1
5/8"
Block 9
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
10
1
1
1
1700
2200
1
5/8"
11
1
1
1
1700
2200
1
5/8"
12
1
1
1
1700
2200
1
5/8"
13
1
1
1
1700
2200
1
5/8"
14
1
1
1
1700
2200
1
5/8"
15
1
1
1
1700
2200
1
5/8"
16
1
1
1
1700
2200
1
5/8"
17
1
1
1
1700
2200
1
5/8"
18
1
1
1
1700
2200
1
5/8"
19
1
1
1
1700
2200
1
5/8"
20
1
1
1
1700
2200
1
5/8"
21
1
1
1
1700
2200
1
5/8"
22
1
1
1
1700
2200
1
5/8"
23
1
1
1
1700
2200
1
5/8"
24
1
1
1
1700
2200
1
5/8"
981208 23 Tamarac-W&S Developers Agreement.doc
25
1
1
1
1700
2200
1
5/8"
26
1
1
1
1700
2200
1
5/8"
27
1
1
1
1700
2200
1
5/8"
28
1
1
1
1700
2200
1
5/8"
29
1
1
1
1700
2200
1
5/8"
30
1
1
1
1700
2200
1
5/8"
31
1
1
1
1700
2200
1
5/8"
Block 10
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
10
1
1
1
1700
2200
1
5/8"
11
1
1
1
1700
2200
1
5/8"
12
1
1
1
1700
2200
1
5/8"
13
1
1
1
1700
2200
1
5/8"
14
1
1
1
1700
2200
1
5/8"
Block 11
1
1
1
1
1700
2200
1
5/8'
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
Block 12
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
Block 13
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
10
1
1
1
1700
2200
1
5/8"
11
1
1
1
1700
2200
1
5/8"
12
1
1
1
1700
2200
1
5/8"
13
1
1
1
1700
2200
1
5/8"
14
1
1
1
1700
2200
1
5/8"
15
1
1
1
1700
2200
1
5/8"
16
1
1
1
1700
2200
1
5/8"
17
1
1
1
1700
2200
1
5/8"
18
1
1
1
1700
2200
1
5/8"
19
1
1
1
1700
2200
1
5/8"
20
1
1
1
1700
2200
1
5/8"
21
1
1
1
1700
2200
1
5/8"
22
1
1
1
1700
2200
1
5/8"
981208 24 Tamarac-W&S Developers Agreement.doc
23
1
1
1
1700
2200
1
5/8"
24
1
1
1
1700
2200
1
5/8"
25
1
1
1
1700
2200
1
5/8"
26
1
1
1
1700
2200
1
5/8"
Block 15
1
1
1
1
1700
2200
1
5/8"
2
1
1
1
1700
2200
1
5/8"
3
1
1
1
1700
2200
1
5/8"
4
1
1
1
1700
2200
1
5/8"
5
1
1
1
1700
2200
1
5/8"
6
1
1
1
1700
2200
1
5/8"
7
1
1
1
1700
2200
1
5/8"
8
1
1
1
1700
2200
1
5/8"
9
1
1
1
1700
2200
1
5/8"
10
1
1
1
1700
2200
1
5/8"
11
1
1
1
1700
2200
1
5/8"
12
1
1
1
1700
2200
1
5/8"
13
1
1
1
1700
2200
1
5/8"
14
1
1
1
1700
2200
1
5/8"
15
1
1
1
1700
2200
1
5/8"
Building 1
1-8
8
8
8
13600
17600
8
5/8"
Buildin 2
1-8
8
8
8
13600
17600
8
5/8"
Buildin 3
1-8
8
8
8
13600
17600
8
5/8"
Buildin 4
1-8
8
8
8
13600
17600
8
5/8"
Building 5
1-8
8
8
8
13600
17600
8
5/8"
Buildin 6
1-8
8
8
8
13600
17600
8
5/8"
Building 7
1-8
8
8
8
13600
17600
8
5/8"
Building 8
1-8
8
8
8
13600
17600
8
5/8"
Building 9
1-8
8
8
8
13600
17600
8
5/8"
Building 10
1-8
8
8
8
13600
17600
8
5/8"
Building 11
1-8
8
8
8
13600
17600
8
5/8"
Buildin 12
1-8
8
8
8
13600
17600
8
5/8"
Buildin 13
1-8
8
8
8
13600
17600
8
5/8"
Building 14
1-8
8
8
8
13600
17600
8
5/8"
Buildin 15
1-8
8
8
8
13600
17600
8
5/8"
Building 16
1-8
8
8
8
13600
17600
8
5/8"
Buil ing 17
1-8
8
8
8
13600
17600
8
5/8"
Buildin 18
1-8
8
8
8
13600
17600
8
5/8"
Building 19
1-8
8
8
8
13600
17600
8
5/8"
Building 20
1-6
6
6
6
10200
13200
6
5/8"
Building 21
1-8
8
8
8
13600
17600
8
5/8"
Building 22
1-6
6
6
6
10200
13200
6
5/8"
Building 23
1-8
8
8
8
13600
17600
8
5/8"
Building 24
1-8
8
8
8
13600
17600
8
5/8"
Building 25
1-8
8
8
8
13600
17600
8
5/8"
Building 26
1-8
8
8
8
13600
17600
8
5/8"
Building 27
1-8
8
8
8
13600
17600
8
5/8"
Building 28
1-6
6
6
6
10200
13200
6
5/8"
Building 29
1-8
8
8
8
13600
17600
8
5/8"
Building 30
1-6
6
6
6
10200
13200
6
5/8"
Building 31
1-8
8
8
8
13600
17600
8
5/8"
TOTAL
322
322
322
322
547 400
708 400
322
5/8"
981208 25 Tamarac-W&S Developers Agreement.doc
TOTALS
0 DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = 0 ERC'S (SEWER)
TOTAL ERC'S 322 (Water) 322 (Sewer)
THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
AT 4" DIAMETER
AT 6" DIAMETER
AT 8" DIAMETER
AT _ DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. TBD
322 ERC'S - 56.10 SITE ACRES = 5.74 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.
SEAL - P.E. #
Jay M. Huebner, P.E.
TYPE NAME
981208 26 Tamarac-W&S Developers Agreement.doc
MX Ud le! 11111C ULIi 1 1 -crjrw \IY1U14J 1U. I(- --*-------
12/10/2006 22:08 9543448652 PRESTIGE:HOMES PAGE 09
Exhibit A
TR#11243
PARCEL A:
EX, .TBIT A
A portion of Ti acts 4 andl -" Of ' 4-TM.`ILT L,�,U ,1D
SUHiI?1 S1'G-N' Qf Seefiaan 1r3, 'r aaship �� 3Aaaaly ;� � a. �sd. Bro 1 ICAu� y,5
F1nr�da, recorded irn .Plat ,1�Op1C � 1' .31., Public R=Drrds Of Browal-1 County, Flot'l�'la,
bVing rtacarc paxticall�yr tlogctaTa� a9 toffc wv-
Coaoroaeancing at: the Nourthv/est rOMor q.f sold Sccti00 13; tl cute SOUth 89°09,
2)orij;. tltc 1�1or t iitac of said Sntion 1.3', a distArme, of 3T5.0G teed: t:l�en�e South (70a1 �00�
Esc, a d'astaatcc �' 67.t11 fr>�t� t� tlac1�`miitl�t of ,����� of dais description; tl��cc:
cpaatintne Soapdb Dtje'i.3"00' ]Frost, a di.stabee car 134$.52 'rM,t tfnsoft Souib 8964710.G"° Wc�t,
a. distance or.325.00 1bc:t; theaace South t10°13 W" Lost, 8>0q& a. GYM 50'.00 fist East of",
&tact Oralle9 with, as M, m-
cased aat at 01 angles. to.., abe weg line of''.sajd 6etitiosa •13, a
distun.cc af'9ti4.r D ftetr to a Praia on, the Nardi .riS,l ,.0f.w®y line OrN.1V, 50 Street. as
slhav" on .tlw Plat '"rHE J►'l'Ar.X- ANDS OF TAMAR ,C LAKES. 6171 S1Et"LJG1V". re,malacl in Plat Book 65 NW 46., Ptibl); Records, of.Bro�a� gel t^ou..t>ty �Iorid�, �:araad
Polttt beingditrtlner dexctrlhed s btxia7 atti the.nra r 6 a drWar curve to tha0 1ed@,-,v9a()ae.
radius P043t. �W(s Not(h 89 47'0p" Fact, feom the last&Sctibed Poin.0, thonce S,oujhetty. .
and .Eastexl . aloog the arc 004id cum, hwiatg a rbdjL* OC25.(ty feet; a cca>Itrtai aaffk of
MO'W tdrld an ;Arc' lictng h Or 39.27 feet: to the point of tangency; theme, North
47'i!w'►' East, a distance o#":175.t7t7 feet; tlae,1e,�t two described courses toeing coincident�wotla -said Nwb aigbt-of vnyr loa ue OrN'.W. 30p Strut,
TJ19n= North 00*13'00" Weut a ldistaaoce or 5.05,00, fiaa the, la0411 of cwawaturc of m
circulax cune (0, the c1,l ht; thiatoe Nortl).er)yr aaad lE*%terlyr along the arc of ;card cunt
havlaag a rddWs, of 135.0a fat� a 00mtral angle of 93'"00*W' and so arc length. oil212,o6
Felee, t:a t Poira>I of faVrtq Y, (hence North 8 9°'d71W F;a% a ,dfatat.00e of 265.00 fget- tlhx
last (11e" dmr'thod eoaarass 1.vei,aa9 C0.drent with the, Westerly and Northerly beumclary
i nim of Block 1.13. Of steid Plat of "TW MA1'M,ANDs oF '1t"mm.RC 1. AKES dot
Tlaepce North. (W 1,3low, west, along the Wavtrily Une of .Lot i. BJock 118, of said Plot
071~IE- lvlAJNC.ANDS OF 'Ce4MAK&C LAKU 670 S.FICTlO-W 00d tht Northerly
Proicef'on offhe''Wsterly b0ulldwY live Of Block .107 of.said PW 'THE Ni,ru LAND
OF TAM:t PLAC LAKES 6vnc SECT'1C)N' � dSstaaraer of 1549.41 T�mQ; thenceNorth,47' '" A.St, a. iSrnx»be of 9V'3.,QQ du. 0t, the -,act North 001113.10 D" '(Vest, a list; nce of*
)16.82 feet:; Xheaaao North 4414.111:3'" 'West,. a 6g'ratacc, of 25.03 met;. tbepce North
89'a 15"" West, Along a lift a 67.00 feet, Soug;}h of, gnd pwretllcl wddlt, as Measured at fight
argues to diet No lih tine o1'.Wd smiota 13, s. distenc,c of 347,52 —f vn to the point of
B�g9rarum�.
TOGETHER WITH 7a.'CE FOL1.QWING DESCP. LI) PAR(`.E.t:
PalRCJeL S;
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12/10/2006 22:08 9543448652 PRESTIGE:HOMES
PAGE 10
pdrv;crr+. of razes, 2,3 4, .S. fr trM 12 Or "FORT' LAUDMAT'..13 "l'Rl l CX FARMS.
S'LPR.DMI'Slow, of$acdart 1.3, TOWNhip- 4.9 Souwk Ratg% 41...East. Brow-4rti Cotdrdy,
F,QO.64. rcaordled in P10'9001k 4, Page 3.1. 'Pt,b4c Recoir& of S�rcA aarYd County.. i lMdat,
bairrg tr 0110 pnarait:anfmr4r descldbed as 1@1owrs
cognmerttirng wC tha Noptlhwest corwr of srtid Sdr-60r► 13, theraFe SQvtih 89nog.,25Y, )Strata,
8#009 the Nbrxila dame of said dicnrr 13, e. distnturca: or784. (2 fdetw thence Sa+uthtip13'otp„ fiasT, w davlacrae cxE g5.�tg f'cet, to the 1PaAitar at' 13,E mjing of tdai4 c9lr*cabpad0ra; t17ar►ae
CtSrttit6ud :S�oardpt. dl't'JpIVOLY' Fast, at dktar�cr pr2AI- a meet; tl�errce Sr�rt�p 8�"a�'2�,. �a�. as cure h of 967,55 rye#, litre rii : Iberncer Euxterfly and Southerly along tlhe err, of saV d
t�mvirag as radius of 626.03 fieea; a oarrrttal angle of 50"36'05- a od an arc length of
553,08 met; to tale Point. oftaaafya1cr theAcc South-38"33'14' lrmst, a. rli�atnncc of 101_04
feet, oa t1,c l)e'na 'of r'Wv- ttarm Or a airml;mf, rn,r-lz to The right; ultrnce Basterly and
S*tatthe0Y 'smd 'R ester along tl>}nc ,pQa Sri sapid nry .On t!Irag� 4r. ratiivas od 145,00 rep; a
cetnrraul angle rrFQ 61StDY37" ;jro apt arc. aengttt of i. �.,a, ,ate t�► the point of aat
t:-cremes, South 38 1.7^30 Went, a �disonpca• of 25-96.07 feet day the► `�'
CiTcula r curve to the .k.ft, tho..►re W, : P�g��, or cXjFN,&rurc of a
and Sorwhedy along the are of said curve
having a..ratlitax a6 9s0:Wd feet,. .p certtrat 40904 of 31°56'40" aijd atn acre length of
feet, 10, a Point om the arc of a dreu0sr cumv to, the rig1j,, whose +radears point l�carg frotarin
Sri°.i.S "32" k�! eat, from the last described .prraili,f; thence Sovthemstmly and Not't1lv+vexaterlp
alarigt rile arc of said raa.rve having at ra AM. Of 1.25.9D feet, a corttranl aang a of dao° l7' 1.7"
MOM Orb la�Wfli of 502.40 Ael 10at paint a��'t;t,MPotm.4 curvature of is cirm;htc curve to
thr- .right; thence Northimterl.y along the art a (surd carve havi ng rn radius of 1 l50,00 fart
a. central, angle of 37*06'4,1" etnd art aro latWh of- 744.87 fo*t; Thence. NQrrh S d ".e.:.1301T
West; it, distauree of 25.,16 feeet,.10 the poin caE trtdC�twre a2" a oixcular cluroim to towel ri.glrC;
therm Northwvsterty- along tho taaL: of said come having a rrerlFius of 52o.00 fit, a crracrtrd
m9k of 49103"1 10" and an are lecob, of 43+6.11 feet; the lost sixc diM. ribed, cat ursm bein�
cvitxAdera with the boundary of `°'TNE MAT. ,ni1�DS �F' "Tr�,hil�d.�G f�[C�S �,
SEC77AN", mwdad in Not Book 63, Pagg 46; :P'ubtk Records of P3.rrawatrd County,
Florida;
Tdrerrcat 5oaarh 89147°07' West, as destat Wf 9 ftet. to a. pof of cu,ryaoure ofar
Gircandar ¢�urvle mot Jr ; then!c� tJli'ta Ody &Rd Southe dY a7ort9 the arc of said m,�v,
having a roilus of25.00 feast, a ftw.mp angle 0•F90*W,00" aarxl,anra art length of39.27 6oet;
tQ rya pokK of ra.ngency, the fam two depaibed roursec Ming; coincidm. t wi4b. the
Southedy bo andmy of N.W. 500' $tr ct, as .shovnm. On said .Plat "THE MATlrlIANI);5 Alp
Th.eraco Scuth. T�r13�Od' Em,ts't: alpaca rn dime 50,00 fee?. 6.aar ,Pond. parallel with, �
,r►eax ed fat..r*9 autdos tea, the, Wes, fine ofs*4 Section 13, an distance OFI74,44 fev ;o
an *.at an theNorth pima: of aaa.d '."rust .TIN- thence 'Torch 899 5'42, f? "mt, slum the North
lint: or said •?go r.^.. adli�mm eor 10.00 feet; tbe0qe S.vtatla 0Kt°l3't}I? EpsT, along a liPout
410'.00 l'0et last: DC Md pnra1.1e1 wi.'lh, aas rticasuxed! of right, mni;tes tip, the Wcstt ]lrae at said
Section 13, a", distance Of C3'2OM feet, 10 &polltat on that S0414h lime, of smi . Tm.ct 12;
Thence 9.vu tb. W, I5'42"'.Emst, along the $attd'a. Uno or aid Tract 1;;2, an dimore of 3$422
Beek to a, point oar, the art, or circurlar�curve to the ri�r' 4 whrcawta rsdius pvortrt bsmcs $oa,dlX
64047'2:5" ..F;. t, fraytn, the laxt. de8crp> ett Point; Thence Nortlmac4erly along the arc of said
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12/10/2006 22:08 9543448652 PRESTIGE:HOiAES
PAGE 11
Cu-rve 11d11. 4.8 a rawdiVs of 7799..44 . bK a cogrTEM( ,0.u2ja of 134,U`55" and ma.. vrc lamigth Uf
1778.52- feet, t-o d11ae point O.f'taaarerw0y ttaen e,'1V'orwA 3>g°g7'at?" 1~ateat, rt udistzun� otf7R1>1.8,09
fbat;, the ]aast twra) dzsxsri,Q3r c>cwutrtae& laairag eigpaideattl. +,Wil;la. tiara �YlasrealY ritgtat-� way fine
arf'tllae .gttaaralwinr �tAR� �?,'11Y�y;
Thtance Noah no'5 F'47.' West, 8 sii9190ce Of 601.27 Vie; Thence Kozlh 41. �54' 19" East, a
d:islamnc* caf :8;00 fi61tst, to 4 POW' On 00 aarc ehf a cirrculaar curve to aloe Idl, whose raditas
Point haans Saa th 411."34' 1'D" West, frju,m the: Ilaagt described poina, Plaa ra.Gaa Wa*aterly Along
the mra of Paid euM loving it radius of 897,93 #der, a1 =tral a,1.19ile of 41QO3 441- #M. an
VC IvRgth. of 636.35 .feet, tothe pt ijrt Oft mT=cy; thr=e No th g9600.'23" West auiar U a
fineG7.00 feet South of andp�mraalid vwit'h,, as rraea;�esmed qt. right angles- to., t,ht Northlode
of said, Scctivaa .13, m. distance r7f 953.91 feet, thelm Sout:445118 48"" 4VCSIa at dhataahre of"
51r' feet to the Point *F-R gioniang,
TOGFTla-1'ERW1'1"!~1 ME E r-01A,,0WTNGn DESCMDED P'ARCIFL,
P'A+S.RCa, C ;
A Fortion of Tray is ,1.3, .14 and 15 of Sactactaa 12, Towmsimip 49 Soutk Range: 41 East, and
01 portion of Tracts a, and 3 Of Section '13, Township 49 South, Range.4i1 Best, according;
tp ibe Plat thtmo , of ".11FOR !' f.AUDElDALE '1'1i.UCK FARW SUBDIVISIt7N ", as
recorded in Mat Book 4, Page 3:11, l�tablic Famrals of 13roward (County, 1;lttr dil., .being
moro.. patrtictahtriy described az follows:
C:onunencing at the Stoutltwest- corner of'sal d Section 1.2;, thence North, 00*13'45" Wrist,
.mkWg. the West live of'said Section D2. a disranct of 60,01. rasa; mence Soulb 8"9'25"
Eauat, a distaa.n.me, of 97.36 feet, to the powint. of llaagirnaing. of tlda djescription, rlaa:aaaa Td.c�rib
44941.35" WeA a datkatare of 0,0,1 fit; tlliance. Nero. 0001Y45" West. along a. line
5� .00 fa d East of. 4W .pTmradid M11% as r "imred a . rigln angles to, the West line of saki
Swim 1.2,. a dlisteurwoe of 12�,65 pact, to a point 5,00 fma South ci and Parallel vvitta, e5
nmsalred as right #try; Im. to. the Nortfh lime of',Uid Tr:aa~t 13; t1h"mac S,c+t,amh 89VO 25" 683t,
Along a1 lime 5.00 fees Sc�cadh'tr{, attd pa>rraallell with., as m muredi at right angles to, the North
ne of said Tracts 13, 14 and I.S. at +di.mk mca, a>r39 ,21 feet,10 the FAs6 line ofsaid Trawl
is; ittkaclrx S011111 W 1..2'55" alt. >along tine Emn lime or .taid 17�*ct 15, a dam;aaaoe of'391..98
feet;
Thence South. 44"01143"'Wema . aa. disc-anoc of 197. 5.0 feet;
Tll"cc. Solana. 77'27'33'r West;, aa, adigonc a of 174• 1.5 K%q.
Thence -North 78'347PS" Weslt, a disttAra at)f 369," feet;
TheAce South 52' 55"OV Wtst, a 4.0000e 9f274.97 &atm-
Th.eacn Soaath 27*011''M'°Wex. a &starxv of351f sz feet,
Inleace SoWh 46 *27'l7" Bm, #ti 4istatnce of 503,.11 fbtt« tw• a point *a tlhasWW rbgjj_0
vnY fuse of thae SmAkx State ftrkway. thence South. 3SO17';tt) " West. along tit d West
right-c7f,.wsy Eney a,dL umwe off" 692, 5.2..feet,
Themoe 'Nortls 42�ZXW Wcsth at cl6mace of 25-.4.5 feet.
T„heaace North 4-r$27V' West, a>' d.ist;anut: of:7273.19- het;
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PAGE 12
Thance Suterb, 41":54":19" WInt, a d1oaance of.15.00 1>crK to an inles, ection VAth tile, a -of as
ciaculaa curve t'o the IA whose radius pera nt beers Sot14b -41":54' 14" lka; tir'OM 00. tract.
drsccitnecl' .lacocn�t;
Thera No mly and, 'We swrlY apll►a% Or are of'stdid c'uirtin hiavin; a m4igns of 1014.93,
Ifxct, a central wigle of 41.003.4C dud an wt fo;%1h of 727.37 feet, to the point: of
taa Bency;
'6'.lwwe Nortlt. 89 `25" b'V4,aq, ,a. distance of 9.75
Thence Nonh 0005015" Best, a diist>acce ol"oi co a%et;
Th.etace North K'!a°09' 25" t?de9;, it di atvva of 90-00 Ft0t,
Thence Noah QrSd'.35" Faast, aadistance of 191.77 l"ee-r;
Td bccce Sooth .89" 09,.2S"' Eut, au dli stayn-cm- n 3 53,00 Net.
Thertee SMAh. 00450'33" t t" distsmce'c f 32-1,00, fect., to a point. of Cu:rtvaeture of at
circaur curve to 9be Daft;
,rhence Soutlacrlly andEasterly along the arc -afmid Curvo ha,vurrg a aradIUs of 310.00 NO%
a central. angle of 601,001"Ot1„° std. an arc l t>la of''324..163 greet, to the point Of teatSancy'
thence South 59009°2,5" Ssm. as diswoe of MAD &et, -to the point of curvature of w.
cierailar stave to the 100; thence Sou :heasaeaiy =d Northeasterly- along the lire or ,said
curvt having u radhis or I$� 00 frV-, a. c ntrul angle of 1116 20 1:3" led an arc length of
274.35 feet, t�o� dart point of're¢ail yatuar�e ttf au sir+ VIV Curie: to 61ae ril�ht:; tha-11 cc
N—orttaerly aod .l~atsterfy along die sic of ,xxid curve (raving ae radius- of 720.00 f®eta
cerebral aanglt of 43"33'39" and air arc length of $47,40 fee4, to the pwnf ol" M-or t
curvature aC ac r:i,�raulslr cuNe to the le(1-, Oimce Eagerly- and Northerty along the arO of
said curw hayiva�g as rad°w or'220.00 foe�t, u central enp t ai3'1""41,'S5" and 0aro leatgtia
tnf 1.21., 71. kel 6o an 00t opt 0.10 Arc of ae ci'racubgr curve to the left. Matrso radius point lraars
Nonth 1901.6,00" F.*st, from die' last described poiAt; thKalow Dste*, )+ artl,efly. and
Wvstcd�, a)ong; t;lae arc evi''stitl oww heuhig a radius of 120,00 feet,. ae ae"trad angle or
198025°25" aund :an auto .lengthy of 415.59 fbm, to the point of taiVency; Ibco a North
89,%9,25r 'Wtot; ®ltaat,g 4 liaa,a 275.00 :rc.ee Seru.lh of -and ,parallel tiwitla, ms measured Rt right
aagks t a lhri North Une of said. Trecu 13, 14 and *15„ a, doataince of 2210.00 front, to- milt
poirnt of covatare or Ia ciarcaalaar curve to, the, left; thence weste y, Sotatherly mad rastaar)y
>nloorrlx the ere af'said curveInavl � >9, rjK13US of 120�,00 f dt:,. an CCQTMI mnlltr of�74°1.8,'S:t"
and oil sre le ngda. -of 490.75 fhct; thonme Sautb 89109' 2i'" Fast;, sa distance esf 775.53 fvare;
titens,ce south oa'.1 so, 35" "414re9s, aal d"asgtttnee ef' 216..7'7 feet; thence Nonh f69*09. '25" Ww'090, a,
distance of 509,A react, to the point of aorrvtttur+e of e, cirw1a+r curve to tho loft; thence
westerly and Southerly 4,10atg tile arc Of srti-d cur" hxvi.ng .p "divas of 1.55.00 Amt. a
uortral an)c of $1149'S4" and an, am hm- stb. of 1140.22 feet; to the point of tanscacr
th,�cz Sowtly 31.Paa'41" 1•We8:4 aa. dist %0 Of 162.,3; feet to, the 1point a curvaaavre of a
curculor carm to tlae W; thence Westerly and S.airth ally talc"ng the, am of $a.id axuve
lyaviaatg a.,roditts of 1:55.00 fret, ax ceastraal aaattgle or3.81101061 foil on. am kryglh DN,03,26
fact to the point ariawney: thence South. NM D':3'5" We m:. it, di"Mice or235.3$ feet, the
last. tweaaty dle=iw couGr wS, he %Cojpejdctnt With the boaaradrary of "THE
NIXIN1.JiNDS ()F Ta4MARC LAKES 7 S1ECTjoN71, rtcorded in lsW, .Bogle 6$;,. PASe
4.� ]Nbbc Records of'Bro watlyd Cenarrtyr F1064e; Qau:talcv Nort% V9r°4VZ57 Wen, along to
line 60,00 &C4 Noarlb at rand''paratllel with, asa3t�easuutsal a t riglia asedglma to rice Socotra H.ta�o of
s;aidl SecOov 12° it, C130'We of 762,76 taut to the Point ra "Beginning.
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PAGE 13
LEE$ .,n4,M-) EX MT .ftm, the above-destutZed PARCE1, C, tlhe :f'alla wiV, -da icrilbed
pamelt of Iand.:
A.For%ion of Tract 13 of Sggio r 12,, Ttaxe nShip 44 Soutfia :Rsng,c 41 East, cawearalarrg to tiva
Plat. ".FORT RDA, S TRUCK F.AP,N!'S SG:T�IDl1JI5l:t3Jrl", reux-ded :i'A Plnd Rook
46 PaDg 3 i„ Public P1se+oWof Wowaro C y, l"lorida, � being ttuotre p4vjicu1ewly
tflascciQac�d � iollaa+ws: ,
C mmmne► cites at the S'outhwraest caor of „Rast5 9, Sttct cn 12. thuence S011(b. 89"00'2.5" r-5.4t,
n&sug the S'baath line of' -said Seastion 12 a d'astance- of 53.01. ['eet; thegre Hotrtlia 00111Y45"
Wrul, a. &-tance of 4159.16 feet; to. the Point of Beginning of this des dpdon; theatre
sont:i.o use 'Nottlt 00113'45° West.,, along tho Bast ri. t-Of swop line of R.c)ek 181.a ,d Road
(said line bcmng S3,00 feet Eris of. and. -parallel vA[h, as rnexqumd at tight . nspe; to, the
West Une of swid Section 12', a. rflstaace ofr;32:4.8S ficti, to a ltgint 5.00 fW. SQ4,Rh of, old
paralld ,nith, eas rvaecaarrured U rightnmglea to -tthe North line of 'Crack 13 of said Section .1.2,
To wnphip 4+) South, Range 41 East; tRat:roce Sau,tlt $K9'.c5" East, along ,MttiaB .liruc: S,U(g
feet South or the North line of 4aid Tract 0, 2. distance of 600.00 feet , tflecuce South
0(rl.3'45" East. a distance, of'3.14.48 Feet to a point on aho arc of a circular aaaurrc to the
leg, whm ea3dreus paint bamrs South 61113'W" East, frarn the U ut dettcra"bed point; lbence
Sou4berly salong the arc of said cram+ ha Ong & tndl r:t of 4200) feet. a Central angtla of
57019'SC" avd an are length of 120.07 fea (the Iasi desctibed cures; also being. the
Vw cAcrly .lime of "TIM. MAINLMM At'f Ti AIt,� AF V' p-,SUS Tr" SECTION", as
recarded it) Flat So(* 68; Page 4, Pkr.hllic R.ocar.dlo of BralwvaaM Cmncy, Florida), thent,,e
SvAh OOP 13'4V Em» a, destance of 801.19 &it to a. poim on the Norther? v right-or=m%y
fine of West Commercial .Baulevtar4; thence North 89V 25 .West, aloes 6id Nottlxdy
r4hir-of-way fine of %ri C'mmmcviral Braurlm-alyd a>ad allopS a. line 6�.00 feet North or,
aced parallel )xntlt, as ineaosrured righramglex to the Soneeh Rine of &said. 5ec6cm 12, ae elintcaglAx
caf' 00, 00 feet.
Tlhaov North 00°13'45" Wesr, a, dI rAa ace of e".105,OD ft5cat;
Th,w a N*nh 99*09''25"'best, au tUxavtaoat of 1,82.4 feet;
7bence forth ply° h 3*45" Wa:st; a diatozee .of 224.15 fbo:
Thence North 8910925" I east, a tl.ilrtrnlr c or 11.7.00 fleet to ibe Ppim. of '.germ og,
'flat bea;rias�.a as shown Uctoo ate beascd upon die .Plat ' TM .MA1`b1UMS OF
TAM.AW 1,AXES, do SECTION", rreoordzd in Plat Book 65, Page 46: and the Plat
`TfM MAINLANDS Cr TAMARA,C-1LAKES 7'" SFZTION", retcorded in Plant Book
63, Pagc 4, 'both. of -the Puabbr. Rv ords of'Browsrd Caurrey, Ncorida.
TC1G'ETER, WITH. a non-evdvlsavc access t asemerrt as set forth more Uly in U. cea , in
A cm. s guenvew dated 411,06, rocarded 8/=86 in iA.R, Book 13-670, PoSe 947, PttWii.a
Re=&q o.t .Srowa>rdl Cauat,y,, .Florida„
■ Exhibit C
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