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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-081Temp. Reso. #10958 May 2, 2006 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO VOID THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH JOSEPH T. ROMANO FOR LOT #5 OF THE PROPERTY LOCATED AT 5501 NW 22ND AVENUE; RELEASING THE CURRENT OWNER, HOLLY GEYER DORO, OF DELINQUENT GUARANTEED REVENUES IN THE APPROXIMATE AMOUNT OF $395.76; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID NULLIFICATION IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac entered into a Water and Sewer Developer's Agreement ("Developer's Agreement") on July 25, 1980 with Joseph T. Romano ("Developer', a copy of which is attached hereto as "Exhibit 1 ") for Lot #5 of the Tamarac Industrial Park located on the east side of NW 22"d Avenue (a copy of which is attached hereto in map form as "Exhibit 2"); and WHEREAS, the Developer did not construct the light industrial building as planned since the Developer's Agreement was executed; and WHEREAS, the current property owner, Coit Services, Inc., has requested that the Developer's Agreement be voided since said property is being used for parking and no structure will be constructed requiring water and sewer service (a copy of said request is attached hereto as "Exhibit 3"); and Temp. Reso. #10958 May 2, 2006 Page 2 of 4 WHEREAS, Coit Services, Inc., continued paying the Guaranteed Revenues as required by the Developer's Agreement through November of 2005, and ceased doing so pending the outcome of its request for voiding said Developer's Agreement; and WHEREAS, the current Colt Services, Inc., is now delinquent in the amount of $395.76; and WHEREAS, Coit Services, Inc., has been advised that a new Developer's Agreement would have to be entered into with the City in the future in the event that the property ceases to be used as a parking lot and is subject to development at that time; and WHEREAS, it is the recommendation of the Director of Utilities that the Water and Sewer Developer's Agreement be declared void and that the delinquent Guaranteed Revenues in the amount of $395.76 be forgiven; 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 void the Water and Sewer Developer's Agreement with Joseph T. Romano, his successors or assigns, and to forgive the delinquent Guaranteed Revenues owed by the current property owner, Coit Services, Inc., in the amount of $395.76. 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 upon adoption hereof. J 1 1 1 Temp. Reso. #10958 May 2, 2006 Page 3 of 4 SECTION 2: The appropriate City Officials are hereby authorized, at the request of Coit Services, Inc., to void the Water and Sewer Developer's Agreement dated July 25, 1980, with Joseph T. Romano, its successors and assigns, for Lot #5 of the Tamarac Industrial Park, located on the east side of NW 22"d Avenue, so long as such property continues to be used as a parking lot. In the event that the property is no longer used as a parking lot in the future, the property owner would be required to enter into a new Development Agreement with the City at that time. SECTION 3: Delinquent Guaranteed Revenues owed to the City of Tamarac by Coit Services, Inc., for said property in the amount of $395.76 are hereby forgiven. SECTION 4: The City Clerk is hereby authorized and directed to record this Resolution in the Public Records of Broward County as evidence of the City's voiding of the Developer's Agreement referenced herein. 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 courtof competent jurisdiction to be unconstitutional or invalid, in part or application; it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: passage and adoption. Temp. Reso. #10958 May 2, 2006 Page 4 of 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of , 2006. ATTEST: f MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 2_4Q kMUEL S: G CITY ATTOF i ETH HF ANSBAUM-TALABI CO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF _ DIST 4: COMM. DRESSLER 1 L' "EXHIBIT 1 DEYEL0PERIC AGREEMENT TR#10958 Commerclzl t'iujeCt �i FOR Light Industrial Building 198THIS AGREEMENT. made and entered into this Qby and between the City of Tamarac, a municipal� ay of a Of Florida, hereinafter called "CITY" and JpSEFH T. c°oio of t e State areinafter ca led "DEYELO Rye 'LLuS uAi 1fI T N E S S E T H WHEREAS, CITY is the owner and operator of a water treatment sewage treatment plant, together with water distribution and sewage coland lec- tion facilities known as "TAMARAC UTILITIES WATER AND SEWER SYSTEM"; and WHEREAS, DEVELOPER owns or controls certain property in Broward County. Florida, as.hown and described in EXHIBIT "A" attached made a part hereof; and all references hereinafter containedhereto and property mean the property herein referred to; and to DEVELOPER'S WHEREAS, DEVELOPER is desirous of procuring water service or sew disposal service or both from the CITY for a light industrial buiage approximate lding 18800 s are feet with six (6 ba s DEVELOPER S property; and to be Constructed on WHEREAS, the parties hereto desire to enter into an agreement setting forth the mutual understandings and undertakings regarding the furnishin of said water and sewer services by CITY to the property here 'rabove 9 and referred to; WHEREAS, this agreement and all stipulations and covenants ar acknowledged to be subject to the approval stipulations every County, covenants e and Federal regulatory agency having jurisdiction of the subject matterofthis agreement. NOW, THEREFORE, in consideration of the mutual covenants and and - takings of the parties hereto and other good and valuable considerations, the parties hereto covenant and agree subject to the above provisions preamble each with the other as follows: of the fifth I. A) The term.DEVELOPER includes each and every owner of any parcel Of land located within the above described property for the purposes agreement: P p ses o, this (B) DEVELOPER, at his expense and at no expense to CITY shall design, construct and install all necessary water service and sewage collection lines, over, through, under, across an ante with plans, specifications and engineeriast ngVdataEasssubmitted in aac registered engineer to be approved by the appropriate regulatory agencies Florida referred to above and by the City Engineer, or his authorized representative; and said crater service and sewage collection lines shall be installed and connected to CITY'S existing water service and sewage collection lines, all of which work shall be paid for by the DEVELOPER. Such sewage collection lines shall be installed at DEVELOPER'S expense and shall include limitation, all gravity fiver mains, force sins without stations required for the furnishing of service �to DEVELOPER'S and lift property. 4/9/80 0 (C) DEVELOPER shall, at his expense, retain the services of the same registered professional engineer who prepared plarr and specifications for the water service and sewage collection systems for the purposes of providing nec- essary inspection and supervision of the construction work to insure that con- struction is at all times in compliance with accepted sanitary engineering practices and the approved plans and specifications. A copy of each field report shall be submitted to the City Engineer as each such inspection is made. Should there subsequently be cause or reason for the DEVELOPER to engage the services of another registered engineer then DEVELOPER shall notify the CITY within five (5) days of such engagement. (D) DEVELOPER shall arrange for and hold .e preconstruction meeting with the City Engineer or his authorized representative, together with DEVELOPER,' or DEVELOPER'S engineer or contractor. Notification of said meeting shall be•:, made in writing and received by all parties seventy-two (72) 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. (E) The work to be performed by DEVELOPER, as above provided for, shall not be commenced until all plans and specifications covering the work to be performed are approved in writing by the City Engineer, or his authorized representative. (F) DEVELOPER shall notify CITY before any construction is begun and '• at the times when inspections are required. Said notification shall be made in writing and shall be received by the CITY at least twenty-four (24) hours in advance of the time construction is begun or inspections due to be made. (G) During construction and at the time when periodic inspections are required, the City Engineer, or his authorized representative may be present and DEVELOPER'S engineer, shall be present to observe and jointly witness tests for determination of conformance to approved plans and specifications. (H) 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 having jurisdiction of the subject matter of this agreement. (I) When the water service and sewage collection systems have been satisfactorily installed, inspected, tested and approved in writing by the DEVELOPER'S engineer, together with the City Engineer, or his authorized representative, CITY shall thereafter maintain the water service system and sewage collection system up to and within granted easements upon DEVELOPER'S property without cost to DEVELOPER; provided the obligation of the CITY to maintain the water service system and sewage collection system shall not take effect until such time as DEVELOPER has conveyed title to said systems to CITY. which title has been accepted by the City Council, furnished the As -Build drawings described in Paragraph (J) below, and furnished a one (1) year warranty bond to guarantee all work as set forth in paragraph II (A). (J) DEVELOPER shall, at his expense, furnish to the CITY one complete set of reproducible As -Built drawings prepared by the engineer who designed the water service system or by any other engineer retained by the DEVELOPER, pro- viding that the consent of the CITY for the retention of such engineer is first' obtained. Said As -Built drawings shall also be certified and sealed by the engineer and shall show all pertinent information as to the correct location of all mains,;services, easements and appurtenances belonging thereto and affecting the water service and sewage collection systems as constructed in the field: As -Built drawing information as to easements, the correct location of all mains, services, grades, Invert elevations, heights related to a known "' 1 datum, and all appurtenances belonging to the water and sewer installation, at option of the City Engineer or City Council shall also be certified, and sealed by a Florida registered Professional Land Surveyor. Said As -Built drawings submitted to the CITY shall be on transparent material approved by the City Engineer. -2- (K) . The DEVELOPER will pay to the CITY the sum of u and Two Hundred and Fife Dollars and no lOD 0p or water ar sewer contr ut an c arges or bothFj�250. pIca e, ca cu ate according to rates set forth in Paragraph (M tribution charges are for ' tion charges shall be due any ERC's for water and 2.SERC's for sewer.) The con - The Obligation to pay the contpibutionable uchargeon eistes bu bi shed Agreement byaDEVELOid PER. contractual obligation of DEVELOPER, and DEVELOPER acknowledges the ro r I this charge. y is contract, is a propriety of (L) The CITY covenants and agrees to reserve 2.5units of rater and sanitary sewer plant capacity for the benefit of e ands described in Exhibit "A enet hydraulic County, The CITY has entered into a "Large Users Agreement,, with Broward (the "County"), in which the County has agreed to make future treatment capacity available at its regional wastewater treatment the event, CITY cannot provide sufficient capacity, Sewage t'"Aid to a refund of its contribution charges and interest poi R therm as aforesaid described for those units for which CITY is unable to thereon, pa The reservation of units shall inure to provide capacity. or grantees of DEVELOPER only as to all ar portions of the lands desc ' Exhibit "A", the benefit of any successv� The reservations shall be contingent upon the DEVELOPERPaying Guaranteed Revenues in accordance with Exhibit "C" attached here abed in hereof. to and mdea partly (M) The contribution (both water and sewer) charges for shall be calculated according to rates set by the City Council at time of execution of this Agreement- commercial uses . g The fallowing schedule aissnow lineforceorce CONTRIBUTION ' rater om—erM CONTRIBUTION Sewer omne rc i a $350.00 per ERC The City Engineer has determined that �550.00 per ERC factor for commercial uses is directly related to the Size(s) required to serve these projects. Contributionthe residential equivalency water and sewer service shall be based on char es foo commercial ater usesrof) in accordance with the following schedule: size(s of water meter(s) installed Meter Size Residential E uivalenc Factor 5/8" x 3/4 11 111 1 1 ,-7 2„ 2.5 3,' 5 4„ 8 6" 18 8„ 30 63 90 The water meter(s) required to serve the development of the r described upon EXHIBIT shall be at least the size recommend Florida Building Code. A certification by a Florida Register property Engineer that the above requirement is met is tncor ora recommended by the South EXHIBIT �B" ettached hereto and made a part hereof. An Professional the sixes of p ted in this Agreement as this Agreement meteand r(s) requiring Y variation increasing DEVELOPER give ovexecute CITY YneweAgreementf cancelling obtain services provided additional service is available. in order to (N) No connections are reserved to DEVELOPER until this Agreement is fully executed and all contribution charges paid. (0) Under no circumstances shall the CITY provide either water construction water) or sewer service to an area agreement when in fact, encompassed under a DEVELOPER�SCePt approved and accepted by CITY, and As-Builhas not t completed, tested, certified, 9 Provided. 3. 6/13/80 1 1 . (P) DEVELOPER agrees to make full disclosure to any party purchasing all or any part of the property encompassed by this Agreement as to the terrr„ hereof, with particular reference to the Guaranteed Revenues set forth in c r. Exhibit "C". (Q) If this Developers Agreement has been submitted by DEVELOPER and the contribution charge paid prior to site plan approval, it is understood and agreed that said payment and execution are voluntary acts by DEVELOPER which shallnot be a basis for a claim of vested rights in the event the site plan is ultimately rejected. Payment of the contribution charges and execution of a. Developers Agreement and performance of those things required in the Developers Agreement, without more,shall not give any vested rights to DEVELOPER. In the event that the site plan is rejected by CITY, DEVELOPER'shallbe entitled to reimbursement of any contribution charge paid, and thig Agreement cancelled and of no effect. However, the City shall not be responsible for, repanportion of the contribution charge not paid directly to CITY. Thispat ragraph is not intended to waive any rights which DEVELOPER has from.sources outside of this Agreement. 1 (A) No later than the time of completion, approval and acce ' work required to be done, DEVELOPER shall, without cost to CITY: Dtance of the 0) Convey to CITY and its successors and assigns 1 and sufficient. EASEMENT DEED, in a form satisfactory pa to CITY, a perpetua r ght, easement and privilege to operate, maintain, repair or replace all water and r sewer mains, pipes, connections, pumps and meters within'. granted easements upon DEVELOPER'S property in connection with supplying water or sewer service,or both,to the in- habitants, occupants and customers in DEVELOPER'S property and secure from each mortgagee 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. (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 lands described in EXHIBIT "A" attached hereto and made a part hereof for the purpose of supplying water service and sewage collection for the inhabitants, occupants and customers in 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 the CITY with a BOND in the amount in dispute and in.a form acceptable to the City Attorney. (4) Pay to the CITY any and all applicable charges which shall be due and payable prior to connection to CITY'S sewer system. (5) Furnish CITY with a satisfactory WARRANTY OR BOND in the amount of 25% of the cost of the work it a form acceptable to the City Attorney 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. -4- 4/9/g0 III. (A) CITY further covenants and aerees with DEVELOPER as follows: -- (1) CITY shall make its best efforts to quality and purity meeting the standards furnish u nis of the Florida Department of Health and Rehabilitative Service the Broward County Health Department requiredService, the agency having jurisdiction; anatrnent and any other regulatory (2) CITY shall make its best efforts to supply, at a for the use of each of the properties.conn 11 tis water" System, a quantityunderacted to its water for domestic use tatheacustomer Sasideaafhte essure satisfactory (3) CI1Y shall make its best efforts to furnish meter; and , services as and when available within the CITY'vSge collection approval from the regulatory agencies. system upon The obligation of the CITY to furnish sere con- struction water shall not arise until DEVELOPER has facilities required to be constructed b ice other than has conveyed title to t said constructed cts completed construction of the y DEVELOPER pursuant a this Agreement and facilities to CITY as provided herein. as follows:. (A) It is mutually covenanted and agreed by and between the parties (1) CITY shall have the exclusive right tofurnish sewage collection services to consumers within water and covered by this Agreement; and the area (2) DEVELOPER shall do all things and make all installations and perform all work in accordance with the terms o Agreement; and f this (3) DEVELOPER; his successors and assigns, and the occupants of buildings on DEVELOPER'!; property shalrs and • install or maintain an T not Purposes; and anywater wells �rxcept far irrigation (4) DEVELOPER shall make no connections t until such time as he is notified inowritinewbr system that approval by the regulatory agencies for sewer CITY has been obtained by DEVELOPER, his successor connections and the owners and occupants of buildings on DEVEL p s and assigns, ofathetavailabi�iltwithin ninet 0 ER'S Y of sewer facilitiesysconnectttonCITY'S sewer system and shall within nine Y S of.written notice be prohibited from installing, maintaining (90) days after receipt or using septic tanks for the disposal of sewage fromsaid buildings; and (b) CITY shall have the right to promulgate to time reasonable rules and regulations relating to the efurnishin Of water service and sewage collection within the area encompassed by this Agreement. ant. to consumers and regulations may relate to but are gnotl{mi Such rules deposits and connection charges and the right todiscontinuerates, services under certain conditions, to be charged by CITY to said customers shall bewater dthewrr rates or hereafter charged to other customers within rates now service of TAMARAC UTILITIES the area of SYSTEM- DEVELOP AC ereby acknow edges andST agreespthat ER , are subject. to change at any time by CITY; and rates _b� a/9/80 w (6) CITY shall not be liable or responsible for maintenance or operation of an Pipes, nce '. . 'l• or equipment on ary ofpthe properties Of the fixtures consumers or users on DEVELOPER'S property othertthars, �•<' .r. water service lines and sewage collection system within ' � dnted easements to CITY pursuant to Paragraph II (A) (1]; (7) Each consumer of water service or sewage collection service on DEVELOPER'S property shall keep all water pipes, service lines, 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 e abov�aanc�ninoa thhe m jjnt ante of 1 es shall be as set forth PPl�ca�le ty regulations; and (8) No water from CITY'S water distribution system shall be used or disbursed by DEVELOPER or his agents, through fire ordrants or public mains, or by any person, firm, corporation` ;. agency. p c or private, unless there has first been, made adequate provisions for compensating CITY for such Y water; and (9) Any temporary cessations or interruptions of the furnishin s of water and sewer service to the property described herein at any time caused by an Act of God, fires, strikes, casualties. 'fl. accidents, power failures, necessary maintenance work, break- ,4 downs, damage to equipment or mains, civil or military authority, riots or other cause beyond the control of the r {' CITY shall not constitute a breach of the provisions con- tained herein or impose liability upon the CITY by the DEVELOPER, his successors and assigns; and (10) 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 in- ' dependent provision and such holding shall not affect the validity of the remaining portions hereof. V. (A) The provisions of this Agreement shall be. binding upon,and inure to the benefits of successors in'title to the real ertin ment as being owned by DEVELOPER. However, any Otheroassignmentroretransfersofgree DEVELOPER'S rights and obligations under this Agreement, is hereby prohibited. (B) This Agreement shall be recorded among the public records f Broward County, Florida, for the particular purpose of lac o occupants of properties.in DEVELOPER'S property connected toorbenconneor cted t , said water and sewer systems of CITY upon notice of each and ever on o y visions herein contained to the same extent and with the same f re of the pro - if said owners and occupants had joined with the parties to this Agreementce andfintthas e execution thereof; and the acquisition or occupancy of property in DEVELOPER'S property connected to or to be connected to the said water and sewer s stems CITY shall be deemed conclusive evidence of the fact that the said owners of occupants have consented to and accepted the Agreement herein contain d contained and have become bound thereby, (C) All prior Developer Agreements or Agreements pertaining supply of water and sewer affectin the 9 to the cancelled and declared of no forceandeffectruponethatbpropert which "is are hereby matter of this Agreement. property y which is the subject EXHIBIT "A" Lot 5 of TAD4ARAC INDUSTRIAL PARK, according to the Plat thereof, as recorded in Plat Book 63, Page 26, of the Public Records of Broward County, Florida. EXHIBIT 11801 to DEVELOPER'S AGREEMENT LIGHT INDUSTRIAL BUILDING (Name of Project) A, kj # of ERC's Pommercial-,/, f � �: G_ )J:T1�.��H ::. r j �a y1 ..`� l- ii�v�L i �= f:. - cam... 1 METER SCHEDULE SIZE r SERVICE USE I hereby certify that the water meters listed above meet the minimum requirements of the South Florida Building Code for the intended use. SEAL The City Engineer has determined that the residential equivalancy factor for commercial uses is directly related to the size(s) es water meter(s) required to serve these projects. Contribution charges for commercial uses o� water and ,sewer service shall be based on the size(s) of water meter(s) insta ance with the following schedule: lled in accord - Meter Size 5 8" x 3/41, 1" 2„, 311 411 611 8" Ibsidential Equivalency Factor 2.5 � 8 18 30 63 90 EXHIBIT V1 GUARANTEED REVENUES 1 1. Implementation: Upon receiving a "Certificate of Occupancy" any unit, or six (6) months from the date of this Agreement, whichever occursfor first, DEVELOPER..agrees to pay the CITY ,monthly for Guaranteed Revenues based upon the following: (a) Payments for each unit covered by this agreement shall be the service availability charge for water and sewer service for each equivalent residential connection in accordance with the rate schedule of the -CITY as the same may be amended from • time to time. (b) Guaranteed Revenue Payments shall commence on the first the month following the receipt of the Certificate of Occupancy, or six (6).months from the date of this Agreement, whichever shall occur first. r (c) As units are sold and the accounts are placed in the new owner's �. name, the Developer shall be relieved of the responsibility for the Guaranteed Revenue payments for that unit. 2. Treatment of Guaranteed Revenues: The parties acknowledge that Guaranteed Revenue payments made by the (income) on the DEVELOPER shall be considered as revenue CITY'S books. Under no circumstances shall Guaranteed Revenue Payments be considered contributions in aid -of -construction. It is further recognized, understood and agreed that such Guaranteed Revenues are in lieu of actual revenue from consumers for that interim period of time prior to the con- struction and occupancy of dwellings and buildings. 3. Failure to Pa Failure to pay the Guaranteed Revenues by the fifteenth of Lac month sha 1 be considered a default by DEVELOPER. CITY shall send DEVELOPER a notice of delinquency by prepaid Certified Mail and failure of the DEVELOPER to make the Guaranteed Revenue payment in full within seven (7) days of the date shown on the notice shall constitute a default by the DEVELOPER and any reserved plant capacity under this Agreement shall automatically be rescinded and forfeited and any payments made to reserve such plant capacity shall be applied against the outstanding invoices for Guaranteed Revenues and contribution charges paid shall be liquidated damages due the CITY. 4• Rgcuirement to Pay: The requirement for the continued payment of said Guaranteed Revenues shall be a Covenant running with the land and shall be a Condition precedent to further service and binding upon the DEVELOPER, its successors and assigrs or subsequent owners holding by or through the DEVELOPER. Failure to pay in a timely manner as set forth in paragraph 3 above shall be a default. d/9/60 a Whenever either party desires to give notice unto it shall be given by written notice, sent by to a mail. with return receipt requested, addressed to to the other, Intended, at the place specified prepaid id certified United States remain such until la shall have as the place for givingOfnotifor ce,hom it shallis With the provisions of this. crab anhchanged by written notice incompliancethe following as the respective places for the givinSeof'n the ti Parties designate 9 once; to wit: " FDR THE CITY DF TAMARAC; 5811 Northwest 88th Avenue •' - Tamarac, "Florida 33321 • .F FOR THE DEVELOPER: �/77g17�1 " CG 1-7 7 Notice 'so addressed and sent by prepaid certified return receipt requested, shall be deemed given when it shall have been so deposited in the United States mail. mail, with It is any and all liability mutually agreed that the CITY shall - am be h Cann damages if held ha of 9 CI harmless .. be fulfilled as a result of an TY S obligations under this Agreement mental or regulatory agency havingy ruling or order by any other govern - and in such event, this Agreementshalisdictil be n over the subject matter hereof•' either party vis a vis that portion of the DEYEIppd void and enforceable by ' cannot perform its obligations. DEVELOPER'S property for which CITY IN WITNESS WHEREOF, the parties hereto have presents to be executed on the day anal year first her caused these e e7nabave written. Signed, sealed delivered in the presen THE CITY OF TAI,RAc ATTEST: Cit Manager ATTEST: AtYe rk -"-� -7.- B, 8y DATE: C) Approved as to form BY - I TY TTORNEY DEYEI S xz DATE:--------------- %7 4/9/6D Y, MORTGAGEE (If applicable) ` WITNESS ITNESS g Y I Y DATE: ;. STATE OF ftOR40A F - .�c COUNTY OF 6ROWARD SS: � f Before me personally appearedvo jy me well known an Hawn to me to be the person( 2escrived in ano who executed the foregoing instrument, and acknowledged to and before me that executed said instrumunL Tor the purposes therein exDressed. WITNESS my hand and official seal, this Y of 19d day ._..�. A. D. Notar Pub 1t State Comm MARY A. FLEISCHMq �� My fission expires: NOTARY PUMLIC... 1l ,,ewYork ` tv�. a,. 26 . Quolifled -h Onr—e-j_�-- Cnunty lam Fxnires V..746n 30, 196 M' t— FLEISC14M A.K STATE OF FLORIDA tt^iE.�'na1._IC. rfI;ewY:n.. :6, 26 SS: Qunli . -_ '.', OnL—doh": inty COUNTY OF BROWARD Term Gx -Ch 30, 198Gj- r —( is Before me personally appeared to me we known an known to me to be the persons) descrlDed in and who =� executed the foregoin instrument, and acknowledged to and before me that executed said instrumen for the purposes therein expresse , x ti • WITNESS trey hand and official seal, this��y of A.Da 19r4 Notary Public State of Florida at Large May commission expires: my STATE OF FLORIDA h ,.;:u cl� t _,;,:� �.+,: 21 3 T ';1 'C1Yi` COUNTY OF BROWARD) Before me personally appeared i. to ?well knPwrianGknown to me to a the Pers0ritsi described in and who executed the foregoing instrucment, and acknowledged to and before me that ' execited said instrument for the purposes therein expresse WITNESS lily hand and official seal, this day of A.D. 19• . My commission expires: Notary Public State of Florida at Large - 8 - 4/9/An . AFFIDAVIT SHALL BE CQ�IPLETED 1VHEN A9QRTGAGCE SIGN�'1TU}� IS NOT APPLICABLE Y 17 � I �I� that I am the w ° 74'/T do hereb fixm f, that I have executed a water and sewer Devela e r h- and -r With the City of Tamarac for p r s Agreement I am the owner of the Y h`"r roJect and that Property covered by said Developer's Agreement. There are,no mortgages subject of said held on the property which Developer's Agreement, is the FURTHER AFFIANT SAYETH NOT, STATE OF COUNTY OF L'n , ) SS: x— sus Si ture) ^' This day of Before me personally well known and known to me appeared�--.�•toinstrument acknowled e be the pera who executed the foregoing executed said document forathebefore me that Purpose therein expressed. WITNESS my hand and official seal this 198 L,_d a y of Notary Publi of State of h!y commission expires: ,M,q MAR w A. • N AQT^RY P1,,a-F'.Frr,rk'N�N NOTA!,Y Pl.'.4. �,ru,e of New Yv. Qualified o 44 ya r• eµ Y err Quoli`i^i in a„ c__,7 County n On. (�.,res M,.rch 6J, 199 � or' J _! r 0 CERTIFICATE OP `;URvEy l..c_;t 5, TrMARAC: I i JMSTRIAL PARK, accr,rcl,i nca to W plat L! eroo f ¢ ° 1 , recorded in plat. b Kok 63, Page 6, of the publ W r:(Mo:ds of � f B")ward County, Flurid.-a. I jN CITY OF TANIAT;:AC: , BRC]WP,RI.) COUNTY, FLORIDA h �� We hereby Cer.-tj fy that we have this day completed sur: icy of �� ....w ! the above described premises; that markers have Man Suit ✓t indi.cotcd and t.h.,,;t this drawing is a true and c:()r'rec:t, delineation thereof ,:and meets the minimum technic u l standard,; jr set forth by the F.lor.ic.ia Board of Land Surveyors, l:reE,artrnE_rIt or Profess; Lnn:'a l Regu 1 .at.i on _ Dated at ?Vrt Laudeidc:al.e, FlOric:d, this 10th day of April, I')l-!r,. This property was n,t ahstracted for casements, z'Merv:iUnns or rilhts of way of rec"rd by McLdugh l i,n l ruli neer.ing Co. O D Q n.7 pCle W4L4 O o. 15 u . / CE vGF p.3Au .5',E 7" I,POA/ XI0a Zd0? 3 4 / 200, 42' i .s 7_,,:51,Q r 1r r_- A107 vAr/O�vs SJ✓OHJN «Ffi � ivA �/c�.v.A� r,.Coor'r/� vF,QT-i c,<:� Q.9r�/Hi 1i 7•�J C7F- C�MH QC/AG 6[vO. � gc 6i. 51,1 ivkl lei I r Vj ay000 r-E,vr,[ o.?;v.4.3s'Ki. ti 13L Off. foil. I �i I scram 111 1 McT,AUGHI..INI.NLTEkIN(: CO. ITO* People & Experience You Can Trust -------------------_--- _ _ —�� ��— bS01 N.W. 22 Ayenue, Tamarac, FL 33$09 OU 486-0800 FAX 954.48&3075 Sent by U.S. Mail and fax 954-724-2406 May 3, 2006 Ray Gagnon Utilities Director City Of Tamarac 7525 N. Pine Island Drive Tamarac, FL 33321 Dear Mr. Gagnon: "EXHIBIT 3" TR #10958 Pursuant to our conversation, please accept this letter as my request to cancel the agreement for water & sewer guarantee. I also believe that a refund or credit is due for some portion of the amount paid through the years. I have been paying the cities invoice for 12 years. I've probably paid over $7,000. I feel that I was required to sign the agreement as part of the closing documents when I purchased the lot. Given that I operate a business on the neighboring lot that does utilize and pay for water & sewer services, I do not believe that I should have been required to sign the agreement. Please accept this letter as my request that any outstanding guaranteed revenues owed at the time of the cancellation be forgiven. I also would appreciate half of the amount paid to be returned in the form of a credit against future water & sewer service at the lot next door. I have enclosed surveys of the four lots that I own. Two of the lots are used for. parking.. Please do not hesitate to contact me if I can provide you with any other information that you find necessary.