HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-170Temp. Reso. #10473
June 8, 2004 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-J'70
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 BUTTERS CONSTRUCTION &
DEVELOPMENT, INC., AND WESTPOINT INDUSTRIAL 11,
T.I.C., FOR THE WESTPOINT INDUSTRIAL II PROJECT,
LOCATED ON THE NORTHWEST CORNER OF STATE
STREET AND MADISON AVENUE, REQUIRING 10 ERC'S
FOR WATER AND 10 ERC'S FOR SEWER; REQUIRING THE
PAYMENT OF $32,000.00 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, Butters Construction & Development, Inc., and Westpoint Industrial II,
T.I.C., are constructing the Westpoint Industrial II Project, located on the northwest corner
of State Street and Madison Avenue (a copy of which is attached hereto in map form as
"Exhibit 1 "); and
WHEREAS, Butters Construction & Development, Inc., and Westpoint Industrial II,
T.I.C., have offered a Water and Sewer Developer's Agreement to the City of Tamarac for
the Westpoint Industrial II 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 10 ERC's for water and 10 ERC's for sewer for a combined CIAC fee of 132,000.00
as required by Resolution No. R-98-136; and
Temp. Reso. #10473
June 8, 2004 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 Westpoint Industrial II 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 Butters Construction & Development, Inc.,
and Westpoint Industrial II, T.I.C., for the Westpoint Industrial II Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: . The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
SECTION 2: 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 Butters Construction & Development, Inc., and Westpoint
Industrial II, T.I.C., for the Westpoint Industrial II Project, located on the northwest corner of
State Street and Madison Avenue.
SECTION 3: The City will collect $32,000.00 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. #10473
June 8, 2004 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 14t" day of July, 2004,
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION NSON, CM MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALAB
DIST 3: VIM SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLU ON as to form.
(� MITCHELL S. KRAF
CITY ATTORNEY
Temp. Reso. No. 10473
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Exhibit "2"
TAMARAC UTILITIES
WATER AND SEWER
DEVELOPER'S AGREEMENT
FOR: Westpoint Industrial II
Temp. Reso. No. 10473
GENERAL LOCATION: 10601 State Street, Tamarac FL 33321
THIS AGREEMENT effective this_ day of �"w`y , 20_d
made and entered into by and between:
The CITY OF TAMARAC, at 7525 Northwest 88t" Avenue, Tamarac,
Florida 33321, a municipal corporation of the State of Florida, hereinafter
called "CITY"
And
Butters Construction & Development, Inc.
At 1096 E. Newport Center Drive, D p r eerfield Beach, Florida 33442
hereinafter called "DEVELOPER".
And
Westpoint Industrial 1.1, T.I.C.
At 1096 E. Newport Center Drive, Deerfield Beach, Florida 33442
hereinafter called "OWNER".
WITNESSETH
M____=====
WHEREAS, CITY is the owner and operator of a water treatment plant, together
with water distribution and sewage collection facilities known as "TAMARAC UTILITIES
WATER AND SEWER SYSTEM"; and
WHEREAS, DEVELOPER own or controls certain real property in Broward
County, Florida as shown and described in Exhibit "A" attached hereto and made a part
of hereof, and all references made in this AGREEMENT to PROPERTY shall refer
specifically to DEVELOPER's PROPERTY described in Exhibit "A" attached; and
981208 1 Water and Sewer 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 , 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. DrEFINITIONS
A. The term DEVELOPER shall refer to the Contracting Party in this
AGREEMENT who has an ownership interest in the PROPERTY. Is that interest fee
simple? X YES or _ NO. If no, then the nature of the interest is best described as
. If DEVELOPER is not the OWNER, then the OWNER joins
in this AGREEMENT and agrees to be jointly and severally liable for the responsibilities
of the DEVELOPER enumerated in this AGREEMENT.
B. The term EQUIVALENT RESIDENTIAL CONNECTION, referred to in this
AGREEMENT as ERC, is the assumed average daily flow of a detached single-family
residential unit.
C. The term PROPERTY, refers to the real property described in Exhibit "A"
attached to and incorporated into this AGREEMENT.
D. The term GUARANTEED REVENUE refers to a fee paid by DEVELOPER to
defray the cost to CITY of maintaining reserve water and sewer systems. The
GUARANTEED REVENUE is equal to the applicable monthly service availability charge
for water and sewer service.
981208 2 Water and Sewer Developer's Agreement.doc
PART II. DEVELOPER'S OBLIGATIONS
A. INSTALLATIONS IN COMPLIANCE WITH SPECIFICATION
1. DEVELOPER, at his expense and at no expense to the CITY, shall
design, construct and install all necessary water distribution and sewage collection
lines, over, through, under, across and past the PROPERTY in accordance with plans,
specifications and engineering data as submitted by a Florida registered engineer to be
approved by the appropriate governmental regulatory agencies and by the Director of
Utilities, or his/her authorized representative; and said water distribution and sewage
collection lines shall be installed and connected to CITY's existing water distribution and
sewage collection lines, all of which work shall be paid for by the DEVELOPER.
2. All installations shall be installed at DEVELOPER's expense and
shall include, without limitation, all gravity flow mains, force mains, pump stations and lift
stations required for the furnishing of service to the PROPERTY. At the time of
submission of the plans, specifications and engineering data by DEVELOPER to the
Director of Utilities, IF THIS AGREEMENT IS FOR (10) OR MORE ERC'S,
DEVELOPER, may pay to CITY a Plan Review Fee of $750.00 (to be paid one time
only). Said Plan Review Fee is to compensate CITY for CITY's expense in having said
plans, specifications and engineering data reviewed by the Director of Utilities or his
authorized representative.
3. Meter shall be INSTALLED BY CITY. No meter shall be removed,
moved, bypassed, or altered in any way except by the CITY. Violation of this paragraph
may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in
default, or both. The imposition of a penalty shall be at the sole discretion of the CITY's
City Manager or his/her designee.
4. Non -metered use of City water or use of water from fire hydrants
may result in a penalty of up to $500.00, declaration of this AGREEMENT to be in
default, or both. The imposition of a penalty shall be at the sole discretion of the CITY's
City Manager or his/her designee.
B. INSPECTION AND SUPERVISION BY DEVELOPER'S ENGINEER
DEVELOPER shall, at his expense, and at no expense to the CITY, retain
the services of a registered professional engineer for the purposes of providing
necessary inspection and supervision of the construction work to insure that
construction is at all times in compliance with accepted sanitary engineering practices
and in compliance with the approved plans and specifications. DEVELOPER shall
notify CITY in writing of such appointment. A copy of each field report shall be
submitted to the Director of Utilities' authorized representative. Should there be cause
or reason for the DEVELOPER to engage the services of a registered engineer (other
than the design engineer) for inspections, then DEVELOPER shall notify the CITY
within five (5) days of such engagement.
981208 3 Water and Sewer Developer's Agreement -doe
The DEVELOPER's Engineer of Record shall prepare "As -Built" drawings
of all construction.
C. PRECONSTRUCTION MEETING
DEVELOPER and its Contractor shall arrange for and hold a
preconstruction meeting with the Director of Utilities or his/her authorized
representative. Notification of said meeting shall be made in writing and received by all
parties seventy-two hours in advance of said meeting. The meeting shall be held at
least twenty-four (24) hours prior to start of each phase of construction. An Engineering
Permit, payment of engineering fees and bonding based on a Certified Cost Estimate,
prepared by DEVELOPER's registered engineer, shall be required prior to any
construction.
D. WRITTEN APPROVAL OF THE DIRECTOR OF UTILITIES
The work to be performed by DEVELOPER, as provided in this
AGREEMENT shall not commence until all plans and specifications covering the work
to be performed are approved in writing by the Director of Utilities or his authorized
representative. Approved plans and permits must be on site at all times.
E. ENGINEERS PRESENT AT TESTS
During construction and at the time when periodic inspections are
required, the Director of Utilities or his/her authorized representative shall be present
and DEVELOPER's engineer shall be present to observe and witness tests for
determination of conformance to approved plans and specification. The City's
Engineering Inspector shall be on site at all times during sanitary sewer installation, and
notified before any water lines are installed. Any work performed beyond the City of
Tamarac Inspector's normal working hours 7:30 a.m. to 4:00 p.m., (Monday through
Friday) must be inspected. The cost of inspection conducted by the CITY Inspectors
beyond normal working hours will be paid by the DEVELOPER including overtime at the
rate in effect at the time of inspection. The CITY reserves the right to directly invoice
the contractor, developer and/or owner for the costs of inspections by Utility Department
personnel that are requested or required to occur outside normal work days and work
hours.
F. COMPLIANCE WITH APPLICABLE LAWS
The work to be performed by DEVELOPER, pursuant to the provisions set
forth herein, shall be in accordance with all requirements of the regulatory agencies
which have jurisdiction over the subject rrhatter of this AGREEMENT as well as all
applicable Federal and State Statutes, County and CITY ordinances. The requirements
of this paragraph shall govern, regardless of any errors or omissions in the approved
plans or specifications.
981208 4 water and sewer Developer's 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 8Y" 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)
10 Non -Residential ERC's Q $1,400.00 Per ERC = $14,000.00
Total ERC's 10 (WATER) Total Contribution $14,000.00
981208 5 Water and Sewer Developer's Agreement.doc
CONTRIBUTION (SEWER)
10 Non -Residential ERC's @ $1,800.00 Per ERC = $18,000.00
Total ERC's 10 (SEWER) Total Contribution $18,000.00
GUARANTEED REVENUES
1. DEVELOPER shall pay to the City, GUARANTEED REVENUES
when due, at the rates in effect when due, as amended from time to time.
GUARANTEED REVENUE is equal to the minimum service availability charge for water
and sewer service. GUARANTEED REVENUES are due and payable monthly.
2. The payment of GUARANTEED REVENUES required by this
AGREEMENT shall commence six (6) months after the payment of CIAC Fees. Plat for
the property been recorded with Broward County X YES NO. If NO,
then GUARANTEED REVENUES commence one (1) year after the effective date of this
AGREEMENT. GUARANTEED REVENUES shall be due for all UNITS/ERC'S
assigned to the PROPERTY unless otherwise specified by this AGREEMENT.
3. GUARANTEED REVENUE, if initiated shall no longer accrue for a
unit when metered water and sewer service is established at a particular building and
the required customer deposits are paid to the CITY. However, if accounts are open in
the DEVELOPER's name and closed without a new account being established, the
GUARANTEED REVENUES shall resume.
4. The parties acknowledge the GUARANTEED REVENUE payments
made by the DEVELOPER shall be considered as revenue (income).
5. In accordance with Section 22-190 (b) of the Tamarac City Code,
there are sanctions or penalties that the City can exercise as a result of unpaid
guaranteed revenues, including interest penalties at a rate established by resolution of
the City Commission.
6. Unpaid Guaranteed Revenues are subject to annual interest rates
as established by City Commission.
J. MODIFICATION TO CITY'S WATER OR SEWER FACILITIES MAY BE
NECESSARY
In addition to all other obligations of this AGREEMENT, DEVELOPER
may be required by the CITY to make modifications to the CITY'S water and sewage
systems because of the development's impact on the systems. The modifications are
set forth in Exhibit "E" and they shall be performed by DEVELOPER prior to the
issuance of the first Certificate of Occupancy, unless provided in this AGREEMENT.
981208 6 Water and Sewer Developer's Agreement.doc
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 Water and Sewer Developer's 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 and within granted
easements and right-of-way within the PROPERTY and off -site improvements installed
for the purpose of supplying water distribution and sewage collection for DEVELOPER's
PROPERTY.
3. Furnish CITY with an AFFIDAVIT that all persons, firms or
corporations who furnished labor or materials used directly or indirectly in the
prosecution of the work required to be performed by this AGREEMENT have been paid,
or in the event of a dispute between the DEVELOPER and a contractor or
subcontractor, furnish CITY with a BOND in the amount in dispute and in a form
acceptable to the CITY.
4. Furnish CITY with a satisfactory surety bond or letter of credit in the
amount of twenty-five percent (25%) of the cost of the work, in a form acceptable to the
CITY, guaranteeing all work installed pursuant to this AGREEMENT against defects in
materials, equipment or construction for a period of not less than one (1) year from date
of acceptance of same by CITY.
5. Furnish CITY with T.V. inspection and air test of the sanitary sewer
collection system performed one (1) month before 1-year warranty period expires.
6. Install cleanout on consumer's sanitary service in accordance with
current Utility Standard Detail.
981208 8 Water and Sewer Developer's Agreement.doo
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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 10 ERC's of water service and 10 ERC's of sewage treatment plant
capacity for DEVELOPER.
B. SERVICE CONDITIONS ON LARGE USER AGREEMENT
The CITY has entered into a "Large User Agreement" with Broward
County, (the "COUNTY"), in which the COUNTY has agreed to make future sewage
treatment capacity available at its regional wastewater treatment plant. In the event
CITY cannot provide sufficient capacity, as a result of COUNTY's action, the CITY's
sole obligation shall be to refund DEVELOPER's contribution charges as described in
this AGREEMENT, for those units for which CITY is unable to provide capacity,
provided that DEVELOPER is not in default of this AGREEMENT.
C. IMPOSSIBILITY TO PROVIDE SERVICE
In the event that the CITY cannot provide sufficient service as a result of
the actions of any regulatory agency, then the CITY's sole obligation shall be to refund
DEVELOPER's contribution charges as described in this AGREEMENT, for those units
for which CITY is unable to provide capacity, provided that DEVELOPER is not in
default of this AGREEMENT.
981208 9 Water and Sewer Developer's Agreement.doc
PART IV. MUTUAL COVENANTS
It is mutually agreed by and between the parties that the preambles contained at
the beginning of this AGREEMENT are true and correct and in addition to them, it is
mutually covenanted and agreed, as follows:.
A. ASSIGNMENT OF THIS AGREEMENT
In addition to binding DEVELOPER, the provisions of this AGREEMENT
shall run with the land and be binding upon and inure to the benefits of successors in
title to the PROJECT after this AGREEMENT has been recorded in the Public Records
of Broward County, Florida. However, any other assignment or transfer of
DEVELOPER's rights and obligations is prohibited unless:
1. Assignment shall be done in writing in the same formality as this
AGREEMENT.
2. CITY shall be a party of said assignment and shall not withhold
approval of assignment unreasonably.
3. DEVELOPER shall remain primarily liable to CITY for the terms and
conditions of this AGREEMENT unless assignment is made in compliance with this
section. CITY agrees to execute a "satisfaction by assignment" for DEVELOPER if this
AGREEMENT is properly assigned.
DEVELOPER agrees to make full disclosure to any party purchasing all or
any part of the PROPERTY encompassed by this AGREEMENT as to all the terms
hereof, and with particular reference to the GUARANTEED REVENUES set forth in
Section I of Part II herein.
B. REPEAL OF PRIOR AGREEMENTS
All prior Developer Agreements or Agreements pertaining to the supply of
water and sewer affecting the PROPERTY are hereby cancelled and declared of no
force and effect - upon that PROPERTY which is the subject matter of this
AGREEMENT.
PART V. MUTUAL ADDITIONAL COVENANTS
PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS
DEVELOPER
It is mutually covenanted and agreed by and between the parties as follows:
981208 10 Water and Sewer Developer's Agreement.doc
A. EXCLUSIVE RIGHTS OF CITY
CITY shall have the exclusive right to furnish water service and sewage
collection service to consumers within the PROPERTY covered by this AGREEMENT.
B. WELLS PROHIBITED EXCEPI FOR IRRIGATION
DEVELOPER, his successors and assigns, and the owners and
occupants of buildings on DEVELOPER's PROPERTY shall not install or maintain any
water wells except for irrigation purposes.
C. PROMULGATION OF REASONABLE_ RULES OF SERVICES
CITY shall have the right to promulgate from time to time reasonable rules
and regulations relating to the furnishing of water service and sewage collection service
to consumers within the PROPERTY encompassed by this AGREEMENT. Such rules
and regulations may relate to, but are not limited to, rates, deposits and connection
charges and the right to discontinue services under certain conditions. The water and
sewer rates to be charged by CITY to said customers shall be the rates now or
hereafter charged to other customers within the area of service of TAMARAC
UTILITIES WATER AND SEWER SYSTEM. DEVELOPER hereby acknowledges and
agrees that the rates are subject to change at any time by CITY.
D. CITY NOT LIABLE FOR DEVELOPER'S OR CONSUMER'S PROPERTY
CITY shall not be liable or responsible for maintenance or operation of any
pipes, pipelines, valves, fixtures or equipment on any of the properties of the customers,
consumers or users on DEVELOPER's PROPERTY other than the water main and
water service lines (from the water main to the water meter) and the sewage collection
system within granted easements to CITY pursuant to this AGREEMENT.
E. SYSTEMS ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD
WORKING CONDITION
Each consumer of water service or sewage collection service on
DEVELOPER's PROPERTY shall keep all water pipes, service lines including
cleanouts, connections and necessary fixtures and equipment on the premises
occupied by said consumer, and within the interior lines of the lot occupied by the
consumer in good order and condition. The sale of water by CITY to the consumer shall
occur at the consumer's side of the meter but the obligation for the maintenance of the
lines shall be as set forth above and in applicable CITY regulations.
981208 11 Water and Sewer Developer's Agreement.doc
F. EFFECTIVE DATE
Unless otherwise specified in this AGREEMENT, this AGREEMENT shall
not be binding until fully executed, but once executed, it shall have a retroactive effect
commencing from the date of the City Commission meeting at which it was approved.
G. OVER -SIZE METERS ON SINGLE FAMILY HOMES
It is assumed that a single family home on the PROPERTY will be
serviced by a 5/8-inch water meter. If a larger water meter is needed, then the owner
(whether DEVELOPER, Assignee or Homeowner) will be charged additional
contribution charges which much be paid at the rate prevailing at the time of the
application for larger meter for additional ERC's, to accommodate the larger meter.
H. CONDITIONS ON FIRE HYD NT 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 Water and Sewer Developer's Agreement.doe
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 othergovernmental or regulatory agency having
jurisdiction over the subject matter hereof; and in such event, this AGREEMENT shall
be null and void and unenforceable by either party regarding that portion of the
DEVELOPER'S PROPERTY for which CITY cannot perform its obligation.
M. CONTROL OF CROSS CONNECTIONS AND BACK -FLOW
1. The purpose of this Section is to protect the public water main
against actual or potential cross -connections and back -flow by isolating within the
premises or Private Property contamination or pollution that has occurred or may occur
because of some undiscovered or unauthorized cross -connection on the premises or
Private Property.
2. POLICY
a. No water service connection shall be installed or maintained
by the CITY unless the public water main is protected by an
Approved back -flow prevention assembly as required by
Florida Administrative Code 17-22, applicable DEP
regulations, and this Section.
b. Any back -flow prevention assembly required herein shall be
of a model type, and size approved by the Director of Utilities
for the City of Tamarac, or his/her Designee, utilizing
accepted practices and standards established by the
American Water, Works Association, AWWA C-506-78 or
American Society of Sanitary Engineers Standard 1024.
C. Service of water to any premises shall be denied or
discontinued by the CITY if a back -flow prevention assembly
required by this Section is not properly installed, tested, and
maintained in properly functioning condition, or if it is found
that a required assembly has been removed or by-passed.
981208 13 Water and Sewer Developer's Agreement.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.
Reduced pressure principle and double check valve
assemblies shall be procured and installed by DEVELOPER,
in accordance with the Standard Back -Flow Prevention
Detail Sheet, which is available at the Tamarac Utilities
Department, prior to the installation of the water service
meter.
g. Prior to connection of water service, the back -flow
prevention assembly must be inspected and tested by a
certified tester. If at the time of testing, the assembly is
found to be malfunctioning, the DEVELOPER will be notified
by the CITY and water service will not be provided until such
time as the back -flow prevention assembly does pass
inspection.
h. Annual (or at intervals determined by Director of Utilities or
his/her designee) inspections and tests of back -flow
prevention assembly shall be performed by state certified
back -flow tester.' DEVELOPER/OWNER must have tests
performed (with results submitted to Director of Utilities) by a
State certified back -flow tester at Developer/Owner expense.
The DEVELOPER/OWNER will be responsible for insuring
that proper plumbing permits have been obtained and fees
paid.
N. WELLFIELD PROTECTION
DEVELOPER acknowledges that property described in Exhibit "A" is not
within a Broward County protected well field zone of influence per Broward County
Ordinance 84-60 or within an existing or proposed well field zone of influence as
determined by Tamarac Director of Utilities. If property is within said zone of influence,
DEVELOPER agrees to limit uses of property to those uses that are allowed by Broward.
County Ordinance 84-60 or as it may be amended.
981208 14 Water and Sewer Developer's 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.
91"i-dnW11*1 tL6L
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 planes for the giving of notice:
FOR THE CITY OF TAMARAC: FOR THE DEVELOPER:
City Manager Butters Construction & Development, Inc.
7525 NW 88th Avenue 1096 E. Newport Center Drive
Tamarac, Florida 33321 Deerfield Beach, FL 33442
City Attorney Westpoint Industrial II, T.I.C.
7525 NW 88th Avenue 1096 E. Newport Center Drive
Tamarac, Florida 33321 Deerfield Beach, FL 33442
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.
981208 15 water and Sewer Developer's Agreement.doc
PART VII. ADDITIONAL PROVISIONS
A. EXHIBITS
The following exhibits are attached as part of this Agreement and are
incorporated into this Agreement:
EXHIBIT "A" - Legal Description and Legal Sketch on an 8-1/2 inch
by 11 inch page of the PROPERTY.
EXHIBIT "B" - Receipt from third party for a portion of contribution
charge:
Applicable Not Applicable X
EXHIBIT "C" - A sketch of the site plan of the PROPERTY reduced
to 8-1/2 inch by 11-inch page size.
EXHIBIT "D" - A listing for the PROPERTY indicating the number of
ERC's allocated to each building, the number of
meters per building, the meter size(s) and a payment
schedule of phasing (if applicable).
EXHIBIT "E" - Modification of CITY's water or sewer facilities if
required by the Director of Utilities, if applicable.
Applicable Not Applicable X
981208 16 Water and Sewer Developer's Agreement -doe
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By:
Mariontwenion, CIVIC
City
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRAN E
w
By:
7Joe Schreiber
Mayor
Date: %hfLo Z
B.-
Jeff L. Killer
City Manager
SS City Attorney
COUNTY OF &D
1 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
L IVYyf,& to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me and
under oath that Me4 executed the same.
(( ;k
20p�WITNESS my hand and official seal this day of ,
—.
JUNE A. WHITE
No" Public »Stets o1 FWk*
• MYComMleataeEspiresAU915,21tl6
Commission • DDIIS065
Bonded By National Notary Assn.
NOTA PUBLIC, State of Florida
at Large
-j aNe- 4. Oh(rE-
(Name of Notary Public: Print, Stamp,
V. Personally known to me, or or Type as Commissioned)
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, orfiQ DID NOT take an oath
981208 17 Water and Sewer Developer's Agreement.doc
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
By:
Type Name L5 h C.&Pee l
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF 0WPr9,D :
DEVELOPER 1 \
r
0
Type Name Malcolm Busters
President Butters Construction &
Development, Inc.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the Co my aforesaid to take acknowledgments, personally
appeared e_ol u ors to me known tg be the person(s)
described in and who executed the for oing instrument and ✓ acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this Z st- day of L
200L�.
Personally known to me, or
( ) Produced Identification
NOTARWPUBLIC, State of Florkla
at Large
(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 Water and Sewer Agreement .doc
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first ove written.
ATTEST:
By: -
Type Name-
'�7vi Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF D:
MORTGAGEE
By:
Type Name f I LI
President �.ntu✓ U tc.t P�� K�-�"
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State afo esaid and in a Co y aforesaid to take acknowledgments, personally
appeared P to own to be the person(s)
described in and whqVexecuted the foregoing instrument and SU —acknowledged
before me and under oath that 5 executed the same.
WITNESS my hand and official seal this 4? day of ,
20A�.
AA
NILENY E. MUSSATTO
MY COMMISSION # DO 291114
EXPIRES: February m 2ooe
ew,ded rnN Notary Public Unde,wri,$
X Personally known to me, or
( ) Produced Identification
NOTARY P LIC State of Florida
at Large
�, �fsW c
(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 Water and Sewer Developer's Agreement.doc
06/04/2004 14:16 FAX 954 570 8844 BUTTERS CONSTRUCTION
10 001/001
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on
year first above written. _
By: 11,4-a
i
i
Lisa Capozzi
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
WESTPOINT INDIUSTUSJ- II, 7-I.C.
0
►f Lt1 or -ON ;1-1
By:
Owen Luttinger
Management Committee
411gIVq
�vnJ�z.ry fix]
f
and
SS
COUNTY OF
I HEREBY CERTIFY that on this duly, before me, an Officer duly authorized in
the State efo said and in a County+ aforesaid to take acknowledgments, personally
appeared to me kn n to be the person(s)
_ described in and who executed the f going instrument and acknowledged
before me and under oath that ,executed the same.
WITNESS my hand and official seal this _day of ,
2004
,,,• Rosemary C. JM19
W COMMISSION # DD252619 EXPIRES
September 24 2007
BONDED THRU TROY FAIN N NtANCE INC
( ) Personally known to me, or
(Produced Identification
NOTARY PUBLI tate o lorida
at Large
fly ern 44RW '— Tel,f) G c
(Name of Notary laublic: Print, Stapp,
or type as Commissioned)
PkIMP-5d e./7s e.
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
2!0
Wastoim Wain A sv rvdo$
EXHIBIT D
TAMARAC WATER AND SEWER AGREEMENT
DEVELOPMENT Westpoint Industrial II
METER SCHEDULE FOR NON-RESIDENTIAL/ COMMERCIAL USE
LOT#
# OF UNITS
OF ERC'S
WATER
CIAC FEES#
SEWER
CIAC FEES
NO. OF
METERS
METER
SIZE
WATER
SEWER
Office/Ware
house
10
10
14,0 0 0.00
18,000.00
2
1 1/2
TOTALS
0 DUMPSTER(S) CONNECTED TO SEWER
@ 1 ERC EACH = 0 ERC'S (SEWER)
TOTAL ERC'S 10 (Water) and 10 (Sewer)
981208 21, Water and Sewer Developer's Agreement.doc
THIS PROJECT REQUIRED THE FOLLOWING SIZE AND NUMBER OF FIRE LINES:
1 AT 4" DIAMETER or less
AT 6" DIAMETER
SERVED BY WASTEWATER PUMP STATION NO. 47
10 ERC'S 7.61 SITE ACRES = 1.31 ERC'S/SITE ACRE
AT 8" DIAMETER
AT DIAMETER
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
Jonathan W-Kew,,.`'
981208 22 Water and Sewer Developer's Agreement.doc
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Wrc 1 6C1 STATE STRE T WrrW CENTER
(gyp CNE KEST C/IMINO REAL, SUITE 216 TAMARAC, FLORIDA
V 9 R Q 60CA RA1bN, FLORIOA AA COO1816
0 PN, (561) 16B - »98 FAX (561) 365 - 6770 1
his lidr unenj Was Prepared By:
Louise J. Allen, Esq.
Stearns Weaver Miller Weissler
Alhadeff& Sitterson, P.A.
200 East Broward Boulevard
Suite 1900
Fort Lauderdale, Florida 33301
Record and Return To:
Louise J. Allen, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
200 East Broward Boulevard
Suite 1900
Fort Lauderdale, Florida 33301
LIMITED POWER OF ATTORNE
INSTR # 102950766
OR BK 35W Pages 1260 -1266
RECORDED 05/22W 16:36:25
BROWARD COUNTY COMMISSION
DEPUTY CLERK 1933
#4, 27 Pages
(RBSEMM
THIS LIMITED POWER OF ATTORNEY is executed as of the 2tft day of
2003, byA. 0. BLACKACRE IT, L.L.C., a New Jersey limited liability company
("Blac cre" ), CUTTHROAT, LLC, a Florida limited liability company ("Cutthroat"), MMM
WESTPOINT II, LLC., a Florida limited liability company ("MMM"), MOR INVESTMENTS,
INC, a Florida corporation ("MOR"), THOROUGHBRED, LLC, a Florida limited liability
company ("Thoroughbred"), TRI-VEST WESTPOINT IT, LLC, a Florida limited liability
company ("Tri-Vest"), and WESTPOINT UNITED (INDUSTRIAL II), LTD., a Florida limited
partnership ("United").
RECITALS
WHEREAS, Blackacre, MMM, Cutthroat, MOR, Thoroughbred, Tri-Vest and United
(collectively, the "Owners", each, an "Owner") have entered into that certain Tenancy in Common.
Agreement between Co -Owners of Westpoint Industrial II Tenancy in Common dated as of the date
this Limited Power of Attorney (the "Tenancy in Common Agreement").
WHEREAS, pursuant to Section 6.A. of the Tenancy in Common Agreement, the Owners
have delegated to Malcolm Butters and Owen Luttinger (collectively the "TIC Management
Committee" and individually a "TIC Manager"), the power, authority and discretion to manage and
control the property (the "Property') described on Exhibit "A" attached hereto and made a part
hereof, subject to the limitations set forth in paragraph 3 below.
WHEREAS, the Owners have agreed to execute this Limited Power of Attorney as a
condition to each Owner acquiring its interest in the Property in accordance with Section 6.D. ofthe
Tenancy in Common Agreement and to further evidence the TIC Management Committee's power
to take all actions necessary to effectively manage and operate the Project.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and in the
Tenancy in Common Agreement and for goad and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, each Owner hereby irrevocably makes, constitutes, and appoints
Malcolm Butters and Owen Luttinger to act as its true and lawful attorney -in -fact and in its name,
place and stead and on its behalf and for its use and benefit as follows, all subject to the restrictions
and limitations contained in paragraphs 3 and 4 below:
1. To exercise and perform any act, power, duty, right or obligation whatsoever in
connection with, arising from or relating to the operation and management of the Property.
2. To make, receive, sign, seal, endorse, warrant, covenant, execute, acknowledge, and
deliver such draw requests, affidavits, leases, loan documents, notices of commencement, and such
other instruments in writing of whatever kind and nature as are necessary in connection with the
operation and management of the Project.
3. Matters Requiring Approval „of, Owners.
(i) Matters R v I gf DWXrs Owning -Seven r cent 7 0 of
the Interests. Notwithstanding the rights, power and authority given to the TIC Management
Committee pursuant to Sections 1 and 2 above, the rights, power and authority of the TIC
Management Committee shall not include the activities set forth in this Section 3(i), which shall
be expressly retained for and require the prior written approval of Owners owning at least seventy
percent (70%) of the Interests:
(1) Incur any indebtedness secured by the Project, except (A) in the
ordinary course of owning the Project, as determined in the reasonable discretion of the TIC
Management Committee and (B) the initial land acquisition and land development loan (the
"Development Loan") in an amount not to exceed $4,575,000;
(2) Execute or deliver any amendment or modification of loan
documents executed in connection with any loan incurred by or for the benefit of the Owners;
(3) Sell, exchange or otherwise dispose of all or any portion of the
Project, except in accordance with Section 15.F. of the Tenancy in Common Agreement;
(4) Make distributions to the Owners;
(5) Require any Owner to make any additional capital contributions to
or for the benefit of the Project, except as required herein;
(6) Establish reserves;
(7) Except as otherwise provided in Section I I.C. of the Tenancy in
Common Agreement, approve the terms and conditions of any contract with any Person that is
an Owner or an Affiliate of any Owner;
-2-
(8) Make any change in the use, quality or style of the Project;
(9) Approve the annual Budget and any revisions to the overall Budget
and Annual Budget pursuant to Section 6.F. of the Tenancy in Common Agreement;
(10) Enter into any agreements or other transaction, or any series of
related agreements or other transactions, requiring payment(s) by or on behalf of the Owners
exceeding, in the aggregate, the total amount of approved expenditures in the Budget, except for
in emergency situations;
(11) Enter into a lease (i) not in compliance with the leasing guidelines
set forth in the Budget, (ii) for a term in excess of ten (10) years or (iii) for more than 25 % of the
aggregate leasable space of the Project; provided, however, the Owners hereby approve the
M.O.R. Lease.
(12) Except with respect to the MOR Lease as provided in Section 3(iii)
herein, enter into a final termination of any lease with a single tenant representing more than ten
percent (10%) of the aggregate leaseable space of the Project;
(13) Except to the extent reinvestment is required pursuant to the terms
of the applicable loan documents, reinvest for property restoration (i) insurance proceeds in excess
of $50,000.00 from damage to or destruction of the Project, or (ii) condemnation proceeds in
excess of $50,000.00 from the taking or settlement in lieu of threatened taking of all or any
portion of the Project; provided, if the determination is made not to reinvest any such proceeds,
then so much thereof as may be necessary shall be applied to the raising or other disposition of
the remaining improvements as may be required by law and the balance thereof shall be
distributed in accordance with the Tenancy in Common Agreement;
(14) Make any decision, or initiate any proceedings, to suspend or
terminate operation of the Project;
(15) Except with respect to the MOR Lease as provided in Section 3(iii)
herein, commence, settle or dismiss any litigation by the Owners, the outcome of which could
have a material impact on the business or operations of the Project;
(16) Except with respect to the MOR Lease as provided in Section 3(iii)
herein, confess a judgment against the Owners or submit a claim of the Owners to arbitration;
(17) Grant any easement or other property rights in the Project, other than
normal utility easements; and
(18) Perform any other action requiring the approval, consent or other
determination of the Owners pursuant to the terms of the Tenancy in Common Agreement.
52
Accordingly, any decision regarding matters set forth in this Section 3.(i) by Owners owning at
least seventy percent (70%) of the Interests shall be a decision of and binding upon all of the
Owners.
(ii) Matters RequiriuAmoval of QwWs Owning QncHmd-ent10
of the Interests. Notwithstanding the rights, power and authority given to the TIC Management
Committee pursuant to Sections 1 and 2 above, the rights, power and authority of the TIC
Management Committee shall not include the activities set forth in this Section 3. (ii), which shall
be expressly retained for and require the prior written approval of Owners owning at least one
hundred percent (100%) of the Interests:
(1) Acquire any real property on behalf of the Owners except the
Property;
(2) Acquire any personal property other than personal property which
is reasonably necessary to the operation of the Project;
(3) Lend money on behalf of the Owners;
(4) File a voluntary or acquiesce to the filing of an involuntary
Bankruptcy action; and
Agreement; and
(5) Perform any act in contravention of the Tenancy in Common
(6) Amend the Tenancy in Common Agreement.
Accordingly, any decision regarding matters set forth in this Section 3.(ii) by Owners owning at
least one hundred percent (100%) of the Interests shall be a decision of and binding upon all of
the Owners.
(iii) Matters I.Regarding'nat'o Enfmc=nt gf lk -MQR Lease.
Notwithstanding the rights, power and authority given to the TIC Management Committee
pursuant to Sections 1 and 2 above, any matter regarding the enforcement or termination of the
MOR Lease shall require the prior written approval of Owners owning at least seventy percent
(70 %) of the Interests determined without regard to the Interests owned by MOR. Accordingly,
any decision regarding matters set forth in this Section 3.(iii) by Owners owning at least seventy
percent (70%) of the Interests determined without regard to the Interests owned by MOR shall be
a decision of and binding upon all of the Owners.
(iv) Reponse to a Request. An Owner shall respond to all written requests for
approval pursuant to this Section (a "Request") in a timely manner. For purposes of this Section, a
response shall be deemed to be given in a timely manner if it is received by the TIC Management
122
1
Committee within fifteen (15) days of the date that the written Request is received. If an Owner fails
to respond to a Request within such fifteen (15) day period, such nonresponding Owner shall be
deemed to have given its consent upon the expiration of such fifteen (15) day period.
4. (a) In the event (A) any TIC Manager takes any action (or omission) which
constitutes fraud, gross negligence, or breach of a material provision of the Tenancy in Common
Agreement, (B) there is a transfer of more than forty nine percent (49%) of the equity interests
in any TIC Manager or (C) any TIC Manager or its Affiliate which is an Owner remains delinquent
for more than twenty (20) days of its obligations to make payment under either Sections 7.E or 7.17
of the Tenancy in Common Agreement in an amount equal to or greater than twelve and five -tenths
percent (12.5%) of its aggregate prior capital contributions then, in any of such event, the Owners
owning at least seventy percent (70%) of the Interests, determined without regard to the Interest
owned by such TIC Manager or its Affiliate, as applicable, shall have the right to remove such
TIC Manager as a TIC Manager serving on the TIC Management Committee and appoint a new
TIC Manager in its place and stead. In the event the Owners obtain a final, nonappealable order
that the TIC Manager has taken any action (or omission) which constitutes fraud, gross negligence,
or breach of a material provision of the Tenancy in Common Agreement, such TIC Manager shall
reimburse the Owners for their respective costs and expenses in prosecuting or defending such
action.
(b) In the event a TIC Manager dies, becomes permanently disabled or sends
written notice to the TIC Owners that he is unwilling or unable to serve as TIC Manager, then (i)
with respect to Malcolm, MMM shall designate a successor TIC Manager subject to the approval
of seventy percent (70%) of the Interests, such approval not to be unreasonably withheld and (ii)
with respect to Owen, MOR shall designate a successor TIC Manager. Appointment of a successor
TIC Manager for Owen other than Mark Goldstein or Richard Luttinger shall be subject to the
approval of seventy percent (70%) of the Interests, such approval not to be unreasonably withheld
5. Except as otherwise provided in Section 6 herein, the exercise of anypower conferred
by this instrument shall require the unanimous act of Malcolm Butters and Owen Luttinger.
6. The exercise of any power conferred by this instrument with respect to the
enforcement or termination of the MOR Lease as set forth in Section 3(iii) herein shall only require
the act of Malcolm Butters.
7. The appointment by each Owner of Malcolm Butters and Owen Luttinger as attorney
in fact shall be deemed a power coupled with an interest in recognition of the fact that each Owner
is relying upon the power of Malcolm Butters and Owen Luttinger to act as contemplated by the
Tenancy in Common Agreement and this Limited Power of Attorney and shall survive the
bankruptcy, dissolution, merger, consolidation, death or incompetency of any Owner.
8. All capitalized, defined terms used herein shall have the meaning given to such terns
on Exhibit "B" attached hereto and made a part hereof, unless otherwise indicated.
-5-
9. This Limited Power of Attorney may be executed in any number of counterparts with
the same effect as if all of the Owners had signed the same document. All counterparts shall be
construed together and shall constitute one Limited Power of Attorney.
EXECUTION CONTINUED ON NEXT PAGE
I In
IN WITNESS WHEREOF, the undersigned have hereunto set his hand and seal this
d y of i� , 2003.
Signed, sealed and delivered
in the presence of
A.O. BLACIRE II,,L!L.L a New Jersey limited liability
company )
I0
Print Name:
Print Name:
Print Name: �-e—� By:
Print
Naihe: arc J. Siegel
Title: Managing Partner
Name: Mark W. Theisen, Sr.
Title: 1 Manager
TNT 11, LLC, a Florida limited liability
►J
Name: Malcolm Butters
Its: Manager
IN WITNESS WHEREOF, the undersigned have hereunto set his hand and seal this
day of RaM 2003.
Signed, sealed and delivered
in the presence of:
company
Print
Nanfe'Marc J. Siegel
Title: Managing Partner
Name: Mark W. Theisen, Sr.
Title: Manager
company
Print Name: By:
Name: Malcolm Butters
Its: Manager
Print Namc:
IN WITNESS WHEREOF, the undersigned have hereunto set his hand and seal this
day of , 2U43.
Signed, sealed and delivered
in the presence of
A 0, ULAG AGFd&U; b:E:C—, aFdew-Jersey-limited-li
company
Un
Print Name:
Print Name:
�:
Print Name:
Name: Marc J. Siegel
Title:' ManagingPd
X, LLG, a Florida limited liability company
Name: Mark W. Theisen, Sr.
Title: Manager
MMM WEM T
. � company
Print Name: By:
Name: M of
Its: Manager
Print Name:'
a Floriya limited liability
Print Name
Print Name:
Print Name:
MOR INVESTMENTS, INC., a Florida corporation
By:
Name:._ &Ae
ti..frrw7 rii.Ti r� I
N�M'W;
r.
Name: Robert W. Theisen, Jr.
Title: Manager
TRY -VEST WESTPOINT
company
Print Name: By:
Print Name-
Fred B. Rothman
Managing Partner
, a Florida limited liability
WESTPOINT UNITED (INDUSTRIAL II), LTD., a Florida
limited partnership
By: WDC GP, LLC, its general partner
Print Name, By:
Name: Jeffrey L. Schmier
Title: Manager
Print Name:
By:
Name:
Title:
THOROUGHBRED, LLC, a Florida lirru.
company '
Name: YYt¢,r� f
y�
Na e: Robert W. Theisen, Jr.
Ain acne:. r ,C (r> rMA'/ Title: Manager
Print Name•
Print Name
Print Name:
company
By:
Name; Fred B. Rothman
Title: Managing Ppilrej
liability
WEST T UNITED (INDUSTRIAL II), LTD., a Florida
j' ted partnership
By: WDC GP, LLC, its general partner
By:
Name: Jeffrey L. Schmier
Title: Manager
Print Name_
Print Name
Print
Title:
TIAOROUGHBRED, LLC, a Florida limited liability
company
LIM
Name: Robert W. Theisen, Jr.
TRI-VEST WESTPOINT 11, L.L.C., a Florida limited liability
r�xsx�nv
Print Namc:
Print Name
Print Name:
Print Name'
Print
By:
Name:
Title:
THOROUGHBRED, C, a Florida limited liability
company
By:
ame: Robert W. Theisen, Jr.
Title: Manager
TRI-VEST WESTPOINT II, L.L.C., aFlorida limited liability
company
Name: Fred B. Rothman
Title: Managing Partner
WESTPOINT UNITED (INDUSTRIAL II), LTD., a Florida
limited partnership
M e3*,ll��i7�T
m1 frey L. Schmier
: Manager
STATE OF c
COUNTY OF_M0MtXtitAK
T foregoing document was sworn to, subscribed and acknowledged before me this
day of , 2003, by Marc J. Siegel, as Managing Partnmf . a cre 11, L.L.C., a
New Jersey lim' d liability company, on behalf of the company, is sons known to me or
has produced as iden�a i an did not take an oath.
VPublic[/ Judy Martisek
ame: .— gsr�Public _,__......_....� .
My Commission Expires:
My Commission Expires
March 22, 2004
COUNTY
The foregoing docume swom to, subscribed and acknowledged before me this
day of , 2003, by Mar Theisen, Sr, as Manager of Cutthroat, LLC, a Florida
limited liability company, on behalf ofthe comp who is personally known to me or has produced
as identification andot take an oath.
Notary Public
Print Name:
COUNTY
The foregoing doc was sworn to, subscribed and acknowledged before me this
day of 2003, by M iegel, as Managing Partner of A.O. Blackacre 11, L.L.C., a
New Jersey limited liability company, on
has produced
STATE OF F�—
of the company, who is personally known to me or
as identification and did not take an oath.
Notary Public
Print Name:
COUNTY OF 0� .
foregoing document was sworn to, subscribed and acknowledged before me this Iq. ' i f
day of 03, by Mark W. Theisen, Sr, as Mang oat, LLC, a Florida
limited liability pany, on behalfofthe company, wh s peTn
wn to a or has produced
as identification an e an oa .
Print Name:
My Commission Expires:
FV
xtJRi E. cROSMFNiorwallotaryPublic - Staw d RoMB,ommizaion • DD 86015
Bonded 9y National No1sry Assn.
STATE OF
COUNTY OF
The foregoing document was sworn to, subscribed and acknowledged before me this
day of 2003, by Malcolm Butters, as Manager of MMM Westpoint II, LLC, a Florida
limited li ility company, on behalf ofthe company, who is pgrsonaUy known to me or has produced
as identification and did not take an oath.
SUZANNEROGERO
W COMMISSON II cc W9W Notary Viblic
- EXPIRES: September 19, 20* ` 80dW Thro lloiary Pu6lc W* w %ws print Name:
My Commission Expires:
COUNTY
The foregoing docunnl�was sworn to, subscribed and acknowledged before me this
day of , 2003, by
Investments, Inc. a Florida corporation, on
or has produced
as - --- - -- of M O R
ofthe corporation, who is personally known to me
` imidentifcation and did not take an oath.
Notary Public
Print Name:
The foregoing do t was sworn to, subscribed and acknowledged before me this
day of _ , 2003, by Malcutters, as Manager of MMM Westpoint H, LLC, a Florida
limited liability company, on behalf of the c y, who is personally known to me or has produced
as idenation and did not take an oath.
Notary Public
Print Name:
STATE OF P I rw- i ct,�z-
COUNTY OF d +z:f
The foregoing document was sworn to, subscribed and acknowledged before me this L:��
day of , 2003, by ) Lvtan as - 1 S 1 A er- of M O R
Investments, lnc. a Florida corporation, on behalf ofthe corporation, who.is personally known to me
or has produced as identification and did not —take---an oath.
Notary Public T^
Print Name:
My Commission Expires: 4f- Dt7
STATE OF
COUNTY OF '"+
The foregoing document was sworn to, subscribed and
day of 2003, by Robert W. Theisen a
xj�limited liabili vffl*fr�
mpany, on behalf of the comp vi
as identific
"► KURT E. GROSMAN
Notary Public - state of F
• My Commission Mar 1.
commission f 00 88015
,.,. DorWed By National Notary Assn.
COUNTY
The foregoing doc t
day of , 2003, by
L.L.C., a Florida limited liabili
me or has produced
oath.
Mary Public
Print Name:
My Commission Expires:
before me this
aL,LC, a Florida
mew has produced
ty
was sworn to, subscribed and acknowledged before me this
r . Rothman, as Managing Partner of Tri-Vest Westpoint 11,
company, behalf of the company, who is personally known to
as identification and did not take an
Notary Public
Print Name:
my
COUNTY
The foregoing docum as sworn to, subscribed and acknowledged before me this
day of , 2003, by Robert
limited liability company, on behalf of the
STATE OF`�` ` `
COUNTY OF
eisen, Jr., as Manager of Thoroughbred, LLC, a Florida
who is personally known to me or has produced
as ident# in and did not take an oath.
Notary Public
Print Name:
--
My Few -mission Expires-,
The regoing document was sworn to, subscribed and acknowledged before me this
day of 2003, by Fred B. Rothman, as Managing Partner of � .nt II,
L.L.C., a Flori limited liability company, on behalf of the company, who ersonally kno.*m to
me or has produced as identification an i not take an
oath.
LYNNE: A. F1CM
N01e1Y Public, State of Ftarl�
My co,". ex Mar. 23
cotnm. 110. CC9197'8Q N Public
Print Name: L.
My Commission Expires: i. Z 3 lzlev
t
STATE OF Fig
COUNTY OF Rtlffi-�
e fore oing document was sworn to, subscribed and acknowledged before me this,_
day of , 2003, by Jeffrey Schmier, as Manager of WDC GP, LLC, a Florida limited
liability c pany, on behalf of the company, as general partner of Westpoint United (Industrial lI),
Ltd., a Florida limited partnership who is personally known to me or has produced
weeVwwd
A!IrCq,4MWW# DD124676 EXPIRES
j. ••fi�r ]une 11, 2006
6 "DTHRU"FAIN N0WNC6 WC
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as id en 'fication and did not take an oath,
- ' -I)A
Not Public
Prin ame: III
My Conunissio V.Lo ! t
TwA
Parcel 1:
EXMB1T "A"
LEGAL DESCRIPTION
A Parcel of Land being a portion of TRACT B, WESTPOINT SECTION 7 PLAT, according to the Plat
thereof recorded in Plat Book 162, Page 23, of the Public Records of Broward County, Florida, said parcel
being more particularly described as follows:
Commence at the Southeast Corner of the Southeast One -Quarter (SE 1/4) of Section 7, Township 49
South, Range 41 East, as shown on said Plat;
Thence South 89' 06' 50" West, along the South line of the said Southeast One -Quarter (SE 1/4), a distance
of 1094.63 feet, to a point of intersection with the centerline of Hiatus Road as shown on said Plat;
Thence North 01 ° 07' 32"West, along said centerline a distance of 40I.53 feet, to a point on the arc of a
tangent curve concave to the West;
Thence Northerly and Northwesterly along the arc of said curve to the left, having a radius of 1800.00 feet,
a central angle of 15° 56' 42", for an arc distance of 500.93 feet, to a point of reverse curvature of a tangent
curve concave to the East;
Thence Northwesterly along the arc of said curve to the right, having a radius of 3000,00 feet, a central
angle of 11 ° 30' 40", for an arc distance of 602.72 feet;
Thence South 86° 26' 46' West, a distance of 65.00 feet to a point the West right-of-way line of said
Hiatus Road;
Thence South 38° 37' 38" West, a distance of 71.91 feet to a point on the arc of a non -tangent curve
concave to the Southeast, a radial line of said curve through said point having a bearing of North 08' 36'
39" East;
Thence Westerly and Southwesterly along the arc of said curve to the left, having a radius of 362.00 feet, a
central angle of 23° 38' 37" for an arc distance of 149.38 feet to a point of reverse curvature of a tangent
curve concave to the Northwest;
Thence Southwesterly and Westerly along the arc of said curve, to the right having a central angle of 19"
40" 19" and a radius of 338.00 feet, for an arc distance of 116.05 feet to a point of compound curvature of a
tangent curve concave to the North;
Thence Westerly along the arc of said curve to the right; having a radius of 940.97 feet, a central angle of
09- 32' 50" for an arc distance of 156.90 feet to a point of tangency;
Thence South 86' 58' 28" West, along a line tangent to the last described curve, a distance of 276.78 feet to
the POINT OF BEGINNING;
Thence continue South 86° 58' 28" West, a distance of 103.94 feet to a point of curvature of a tangent
curve concave to the Southeast;
Thence Westerly and Southwesterly along the arc of said curve, to the left, having a central angle of 45'
32' 44" and a radius of 110.0.0 feet for an arc distance of 87.44 feet to a point on a non -tangent line;
Thence North 48° 34" 16" West, along a radial extension of the last described curve, a distance of 10.50
feet;
Thence North 62' 29' 43" West, a distance of 244.14 feet;
Thence North 000 40' 20" West, a distance of 738.00 feet;
Thence North 89° 19' 54" East, a distance of413.57 feet;
Thence South, a distance of 819.93 feet to the POINT OF BEGINNING.
Said land situate within the City of Tamarac, Broward County, Florida.
TOGETHER WITH ALL OF GRANTOR'S INTEREST AND RIGHTS, IF ANY AND
WITHOUT WARRANTY, IN THE FOLLOWING PARCELS:
Parcel 2:
Non-exclusive rights in and to the use of the Park Amenities, as set forth in Declaration of Protective
Covenants, Restrictions and Easements recorded in Official Records Book 30719, page 1174, as affected
by Supplement Number One recorded in Official Records Book 32245, page 1267, both of the Public
Records of Broward County, Florida. Said Park Amenities include the entire surface water management
system, together with all private and public conservation easements, utility easements, lake easements and
drainage easements appurtenant thereto; to include all landscaped areas, together with any landscaping area
hereafter declared to be a Park Amenity; to include all irrigation and watering systems servicing the
aforementioned landscape areas and along any interior roadways to include all Property (as defined in said
Declaration) perimeter walls, property entry features and property signage, and all electrical fixtures and
appliances appurtenant thereto and to include such portions of any interior roadway which may be created
and which may service more than one parcel, but which are not dedicated to the applicable governmental
authority (if any) and not located within any Parcel, including the following roadway, commonly known as
Loop Road, which is more particularly described as:
A parcel of land being a portion of Tract B and Tract C, WESTPOINT SECTION 7 PLAT, according to the
Plat thereof, recorded in Plat Book 162, page 23, of the Public Records of Broward County, Florida, said
parcel being more particularly described as follows:
Commence at the Southeast corner of the Southwest One -Quarter (SW 1/4) of Section 7, Township 49
South, Range 41 East, as shown on said Plat; thence South 89 degrees 07 minutes 00 seconds West, along
the South line of said Southwest One -Quarter (SW I/4), a distance of 79.76 feet, said point also being the
centerline of Commercial Boulevard, as shown on said Plat; thence North 00 degrees 44 minutes 46
seconds West, a distance of 246.12 feet to the Point of Beginning; thence. North 03 degrees 21 minutes 27
seconds West, a distance of 219.48 feet; thence North 00 degrees 44 minutes 46 seconds West, a distance
of 726.56 feet to a point on the arc of a tangent curve concave to the Southeast; thence Northerly,
Northeasterly and Easterly along the arc of said curve to the right having a central angle of 87 degrees 43
minutes 14 seconds and a radius of 110.00 feet for an arc distance of 168.41 feet to a point of tangency;
thence North 86 degrees 58 minutes 28 seconds East, along a line tangent to the last described curve, a
distance of 380.72 feet to a point on the arc of a tangent curve concave to the Northwest; thence Easterly
and Northeasterly along the arc of said curve to the left, having a central angle of 9 degrees 32 minutes 50
seconds and a radius of 940.97 feet for an arc distance of 156.80 feet to a point of compound curvature of a
tangent curve concave to the Northwest; thence Northeasterly along the are of said curve to the left, having
a central angle of 19 degrees 40 minutes 19 seconds and a radius of 338.00 feet for an arc distance of
116.05 feet to a point of reverse curvature of a tangent curve concave to the Southeast; thence
Northeasterly along the are of said curve to the right, having a central angle of 23 degrees 38 minutes 37
seconds and a radius of 362.00 feet for an arc distance of 149.38 feet to a point on a non -tangent line;
thence North 38 degrees 37 minutes 38 seconds East, a distance of 71.91 feet to a point on a non -tangent
curve concave to the East, a radial line .of said curve through said point having a bearing of North 84
degrees 26 minutes 26 seconds East, said point also being on the Westerly right-of-way line of Hiatus
Road; thence Southeasterly along the arc of said curve and the Westerly right-of-way line of Hiatus Road to
the left, having a central angle of 2 degrees 23 minutes 56 seconds and a radius of 3065.00 feet for an arc
distance of 128.33 feet to a point on a non -tangent curve concave to the Southeast, a radial line of said
curve through said point having a bearing of South 10 degrees 31 minutes 37 seconds East; thence
Southwesterly along the arc of said curve to the left, having a central angle of 9 degrees 45 minutes 11
seconds and a radius of 1000.00 feet for an arc distance of 170.22 feet to a point of reverse curvature of a
tangent curve concave to the Northwest; thence Southwesterly along the arc of said curve to the left,
having a central angle of 17 degrees 15 minutes 15 seconds and a radius of 1000.00 feet for an arc distance
of 301.14 feet to a point of tangency; thence South 86 degrees 58 minutes 28 seconds West along a line
tangent to the last described curve, a distance of 380.72 feet to the point on the arc of a tangent curve
concave to the Southeast; thence Westerly, Southwesterly and Southerly along the arc of said curve to the
left, having a central angle of 87 degrees 43 minutes 14 seconds and a radius of 50.00 feet for an arc
distance of 76.55 feet to a point of tangency; thence South 00 degrees 44 minutes 46 seconds East, along a
line tangent to the last described curve, a distance of 945.82 feet; thence South 89 degrees 15 minutes 14
seconds West, a distance of 50.00 feet to the POINT OF BEGINNING.
Said lands situate within the City of Tamarac, Broward County, Florida.
Parcel 3:
Non-exclusive easement rights as to the following described parcel of land:
A parcel of land being a portion of Tract B and Tract C, Westpoint Section 7 Plat, according to the Plat
thereof recorded in Plat Book 162, Page 23, of the Public Records of Broward County, Florida and further
described on said Plat as a 50 feet by 174 feet ingress -egress easement, said parcel being more particularly
described as follows:
Commence at the Southeast corner of the Southwest One -Quarter (SW 1/4) of Section 7, Township 49
South, Range 41 East, as shown on said Plat;
Thence South 89' 07' 00" West, along the South line of said Southwest One -Quarter (SW 1/4), a distance
of 79.76 feet, said point also being the Centerline of Commercial Boulevard as shown on said Plat;
Thence North 00° 44' 46" West, a distance of 72.00 feet to a point on the North Right -of -Way line of
Commercial Boulevard, said point also being the Point of Beginning;
Thence continue North 00° 44' 46" West, a distance of 174.12 feet to a point on the South limits of a parcel
of land known as a Loop Road, recorded in Official Records Book 32245, Page 1262, of the Public Records
of Broward County, Florida;
Thence North 89° 15' 14" East, along said South limits, a distance of 50.00 feet; Thence South 000 44' 46"
East, a distance of 174.00 feet to a point on the said North Right -of -Way line; Thence South 89° 06' 50"
West, along said North Right -of -Way line a distance of 54.00 feet to the Point of Beginning.
Said lands situate within the City of Tamarac, Broward County, Florida.
Parcel 4: (Ingress -Egress Access Easement)
Non-exclusive easement rights for access for pedestrian and vehicular (including passenger, service and
delivery vehicles and trucks) ingress and egress within that certain portion of the Property, as more
particularly described in that certain Mutual Access Easement, as recorded in Official Records Book
3sa7`� , Page L7, of the Public Records of Broward County, Florida, as to the following described parcel
of land:
A Parcel of land being a portion of Tract B, West Point Section 7 Plat, according to the Plat thereof, as
recorded in Plat Book 162, Page 23, of the Public Records of Broward County, Florida, said Parcel being
more particularly described as follows:
Commence at. the Southeast corner of the Southeast one -quarter (SE '/4) Section 7, Township 49 South,
Range 41 East, as shown on said Plat:
Thence South 89° 06' 50" West, along the South line of the said Southeast one -quarter (SE]/4), a distance
of 1094.63 feet to a point of intersection with the centerline of Hiatus Road as shown on said Plat:
Thence North 01 ° 07' 32" West, along said centerline a distance of 401.53 feet to a point on the arc of a
tangent curve concave to the West:
Thence Northerly and Northwesterly along the arc of said curve to the left, having a radius of 1800.00 feet,
a central angle of 15° 56' 42" for an arc distance of 500.93 feet, to a point of reverse curvature of a tangent
curve concave to the East:
Thence Northwesterly along the arc of said curve to the right, having a radius of 3000.00 feet, a central
angle of I V 30' 40" for an arc distance of 602.71 feet;
Thence South 84° 26' 26" West, a distance of 65.00 feet to a point the West Right -Of -Way line of said
Hiatus Road:
Thence South 38° 37' 38" West, a distance of 71.91 feet to a point on the arc of a non -tangent curve
concave to the Southeast, a radial line of said curve through said point having a bearing of North 8° 36' 39"
East;
Thence Westerly and Southwesterly, along the arc of said curve to the left, having a radius of 362.00 feet, a
central angle of 23° 38' 37" for an arc distance of 149.38 feet to a point of reverse curvature of a tangent
curve concave to the Northwest:
Thence Southwesterly and Westerly along the arc of said curve to the right, having a central angle of 19°
40' 19" and a radius of 338.00 feet for an arc distance of 1 i 6.05 feet to a point of compound curvature of a
tangent curve concave to the North:
Thence Westerly along the arc of said curve to the right, having a radius of 940.97 feet, a central angle of
09132' 50" for an arc distance of 156.79 feet;
Thence South 86° 58' 28" West, a distance of206.52 feet to the POINT OF BEGINNING;
Thence continue South 86' 58' 28" West, a distance of 70.26 feet;
Thence North a distance of 123.04 feet:
Thence East a distance of 55.90 feet:
Thence South a distance of 88.47 feet:
Thence South 20° 38' 55" East, a distance of40.46 feet to the POINT OF BEGINNING.
Said lands situate within the City of Tamarac, Broward County, Florida.
END OF LEGAL DESCRIPTION