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HomeMy WebLinkAboutCity of Tamarac Resolution (264)September 9, 2002 - Temp Reso #9905 1 Revision No. 1 — September 18, 2002 Revision No. 2 — September 19, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-264 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A TRANSPORTATION ACTION PLAN ENTITLED, "INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT", BETWEEN BROWARD COUNTY, INTERTWO, INC. (DEVELOPER), AND THE CITY OF TAMARAC RELATING TO THE FUTURE DEVELOPMENT OF THE "WESTLAND PLAT" LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND NW 61T" STREET (CASE NO. 3-AP-02); AUTHORIZING THE CITY CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, plat approval of a 5.842 acre parcel located at the southwest corner of University Drive and NW 61 st Street to replat portions of Tract 9 of the "Fort Lauderdale Truck Farms" Plat (4-31) and Parcel "A" of the "Curtis Field" Plat (130-41) (attached hereto as Attachment 1") was approved by the City Commission of the City of Tamarac on February 14, 2001; and WHEREAS, the Broward County Code of Ordinances requires that the regional transportation network be adequate to serve the reasonably projected needs of proposed developments; and WHEREAS, the parties desire to enter into this Agreement to satisfy the installation September 9, 2002 - Temp Reso #9905 2 Revision No. 1 — September 18, 2002 .11 Revision No. 2 — September 19, 2002 of required improvements as described in Exhibit "B" (Installation of Required Improvements Agreement — County Project and the City of Tamarac and Intertwo, Inc., Developer) for the installation of required improvements relating to the future development of the Westland Plat; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the Transportation Action Plan entitled, "Installation of Required Improvements Agreement", between Broward County, Intertwo, Inc. (Developer), and the City of Tamarac relating to the future development of the "Westland Plat" located on the southwest corner of University Drive and NW 615t Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the Transportation Action Plan entitled, "Installation of Required Improvements Agreement", between Broward County, Intertwo, Inc. (Developer), and the City of Tamarac relating to the future development of the "Westland Plat" located L 1 11 September 9, 2002 - Temp Reso #9905 3 Revision No. 1 — September Is, 2002 Revision No. 2 — September 19, 2002 on the southwest corner of University Drive and NW 61 st Street (attached hereto as Exhibit "1"), is HEREBY APPROVED. SECTION 3: That the appropriate City Officials are hereby authorized and instructed to execute said Installation of Required Improvements Agreement. SECTION 4: That the City Clerk is hereby authorized to record said document in the Public Records of Broward County, Florida. 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. 4FrT10N1 7 passage and adoption. September 9, 2002 - Temp Reso #99os 4 Revision No. 1 — September 18, 2002 11 Revision No. 2 — September 19, 2002 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 25t" day of September, 2002. 0 o ,v��, JOE SCHREIBER ATTEST: b RECORD OF COMMISSION VOTE: MARION S ENSON, CMC MAYOR SCHREIBER AYE CITY CLERK DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCNEC'L S. K CITY ATTORI 1 r 0 Return recorded copy to: Broward County Engineering Division 1 North University Drive, Suite 300E Plantation, FL 33324-2038 Document prepared by: SHAH, DROTOS & ASSOCIATES, P.A. Engineering, Surveying & Planning 1835 S. Perimeter Rd., Suite 190 Ft. Lauderdale, FL 33309 (954) 776-7604 INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT This is an Agreement, made and entered into by and between: BROWARD COUNTY, a politicpl subdivision of the state of Florida, hereinafter referred to as "COUNTY, " AND Intertwo1_Inc1.--------------------------------- its successors and assigns, hereinafter referred to as "DEVELOPER," [AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY] The City of ___Tamarac ------------, a municipal corporation, created and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS, DEVELOPER'S Project, known as Westland Plat Development Management Division File No.__007-_ram_-01 ---- , hereinafter referred to as the "Project," a legal description of which is attached hereto as Exhibit "A" and made a part hereof;" and WHEREAS, the Project was approved by the Board of County Commissioners of Broward County on August_19, 2001, subject to certain conditions to ensure the protection of the public health and safety, and one of the conditions imposed at the time of approval was the construction of certain road improvements; and WHEREAS, the parties desire to enter into this agreement to provide for the construction, funding and security for the required improvements as described in Exhibit "B" attached hereto and made a part hereof; NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and payments hereinafter set forth, th parties agree as follows: CAF#450 01/01/D2 � 7 1. The above recitals and representations are true and correct and are incorporated herein. 2. INSTALLATION OF REQUIRED IMPROVEMENTS. (a) DEVELOPER agrees to and shall construct the improvements described in the attached Exhibit "B," hereinafter referred to as the "Improvements." Said Improvements shall be constructed in accordance with the schedule set out in Exhibit "B." (b) The Improvements described in Exhibit "B" shall be installed in accordance with applicable COUNTY, CITY, or State of Florida, Department of Transportation standards and specifications and in accordance with the Development Review Report for the Project. The construction plans for the Improvements, including pavement marking and signing plans, shall be submitted to COUNTY for review. The construction plans for the Improvements must be approved by the COUNTY prior to the commencement of construction. Construction shall be subject to inspection and approval by COUNTY. Pavement marking and signing shall be provided for all of the Improvements and shall be subject to review, field inspections and final approval by the Broward County Traffic Engineering Division, which Improvements shall be consistent with the previously approved plans. (c) If property is located within a municipality, CITY agrees not to issue building permits for construction of a principal building within the Project until such time as DEVELOPER provides CITY with written confirmation from COUNTY that engineering plans for the required improvement have been approved by the Broward County Engineering Division and that DEVELOPER has complied with paragraph 4.of this Agreement. If the property is located within the unincorporated area, the COUNTY shall not issue building permits for construction of a principal building within the Project until such time as the DEVELOPER has complied with paragraph 4. of this Agreement. (d) If property is located within a municipality, CITY agrees not to issue any certificates of occupancy within the Project prior to completion of the "Improvements" according to the schedule set forth in Exhibit "B." If the property is located within the unincorporated area, the COUNTY shall not issue any certificates of occupancy within the Project prior to completion of the "Improvements" according to the schedule set forth in Exhibit "B." (e) DEVELOPER agrees to notify COUNTY of acceptance of Improvements by permitting authority if such permitting authority is other than the COUNTY. CAF#450 01 /01 /02 2 .0 3. DEVELOPER understands and agrees that it is DEVELOPER'S responsibility to complete the Improvements described in Exhibit "B" and that all costs relating to the installation of the Improvements will be borne by the DEVELOPER. 4. SECURITY AND DEFAULT, PLEASE CHECK THE APPROPRIATE SECTION BELOW [ x ] (a) Lien. (1) A lien is hereby imposed by the COUNTY against the real property identified in Exhibit "A" in the amount of sixteen Thousand Dollars ($ 16.000.00 ). Such lien shall secure the construction of the "Improvements" identified in Exhibit "B" attached hereto. Such lien shall exist until fully paid, discharged, released, or barred by law. The lien created by this Agreement shall be superior to and shall have priority over any mortgage on the real property described in Exhibit "A." The DEVELOPER shall cause this Agreement to be executed by the holder of any such mortgage, which execution shall constitute the mortgagee's consent to such subordination. (2) Prior to the DEVELOPER obtaining a building permit for construction of any portion of the Project which, according to the schedule set forth in Exhibit "B," requires the installation of the "Improvements", or a portion thereof, DEVELOPER shall provide a form of security acceptable to the COUNTY in the form of a letter of credit, surety bond, or other acceptable security in the amount of Dollars ($--------------- ), in substitution of the lien imposed hereby, and the COUNTY shall cause to be executed and recorded in the Official Records of Broward County a release or satisfaction of the lien upon the property described in Exhibit "A." (3) DEVELOPER may elect to provide security for any individual phase as listed in Exhibit "B," in order to release a portion of the lien imposed on the Project for the individual phase. In that event, DEVELOPER shall submit a cost estimate prepared by a Registered Engineer for the "Improvements" required in such phase. Upon acceptance by the COUNTY of the cost estimate, and payment by DEVELOPER of any applicable fee, that portion of the Project shall be released from the lien imposed and the total amount of the lien shall be reduced by the approved amount. CAF#450 01 /01 /02 3 m (4) In the event DEVELOPER fails to construct the "Improvements" according to the terms and conditions of this Agreement, COUNTY may recover such sums from DEVELOPER as are necessary in order to cause the construction of the "Improvements" that are outstanding. Such sums, plus costs and attorney's fees, may be recovered by COUNTY against the DEVELOPER through a civil action, or may be recovered by action as provided by the applicable security. In the event that DEVELOPER fails to construct an improvement secured by lien created hereunder, such lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. (6) DEVELOPER shall ensure that the substitute security remains valid and in full force and effect until DEVELOPER'S improvement obligations are fully performed. Expiration of the security prior to DEVELOPER'S performance of such obligation, or notice to COUNTY that the security will expire or has been canceled or disaffirmed prior to DEVELOPER'S satisfaction of all obligations hereunder, shall constitute a default of this Agreement. (7) In the event the letter of credit, surety bond or other form of security provided to COUNTY, as described above, expires, is canceled, or is disaffirmed, COUNTY shall send notice to DEVELOPER, according to the notice provisions of this Agreement, and DEVELOPER shall have one (1) month from the date of such notice to provide substitute security in a form acceptable to COUNTY. If DEVELOPER fails to provide acceptable substitute security, COUNTY may record a document entitled "Notice of Lien for Installation of Required Improvements" which shall constitute a lien on the property described in Exhibit "A" for the amount due hereunder, until fully paid, discharged, released or barred by law. To the extent that the failed security is attributable to an identified parcel or portion of the Project, the Notice of Lien for Required Improvements may be recorded against and apply only to such parcel or portion of the Project. [ ] (b) Surety Bond or Letter of Credit. (1) Prior to the DEVELOPER recording the plat or any agreements which were conditions of approval for the Project, the DEVELOPER shall provide the COUNTY with security such as a surety bond or irrevocable letter of credit, which is acceptable to the COUNTY and which guarantees the DEVELOPER'S performance of the CAF#450 01/01/02 4 construction obligations set forth in this Agreement in the total amount 40 of$ (2) If the DEVELOPER obtains certificates of occupancy prior to completion of the applicable Improvements, contrary to the schedule set forth in Exhibit "B," the DEVELOPER shall be in default of this Agreement. In the event the DEVELOPER defaults under the terms of this Agreement, COUNTY shall be entitled to draw against the security for the amount set out in paragraph 4.(b)(1), plus costs as set forth herein. If COUNTY draws against the security and the amount recovered is less than the amount necessary to construct the Improvements, COUNTY may maintain an action against DEVELOPER in a court of competent jurisdiction for the difference between any sums obtained and the amount due, plus costs and interest accrued from the due date at the rate of 12 percent per annum. (4) DEVELOPER shall ensure that the security remains valid and in full force and effect until DEVELOPER'S road improvement obligation is fully performed. Expiration of the security prior to DEVELOPER'S performance of such obligation, or notice to COUNTY that the security will expire or has been canceled or disaffirmed prior to DEVELOPER'S satisfaction of all obligations hereunder, shall constitute a default of this Agreement. (5) In the event the security expires, is canceled or is disaffirmed, COUNTY shall send notice to DEVELOPER according to the notice provisions of this Agreement and DEVELOPER shall have one (1) month from the date of such notice to provide substitute security in a form acceptable to COUNTY. If DEVELOPER fails to provide acceptable substitute security, COUNTY may record a document entitled "Notice of Lien for Required Offsite Improvements" which shall constitute a lien on the property described in Exhibit "A" for the amount set forth in paragraph 4.(b)(1), or stated portion thereof. To the extent that the failed security is attributable to an identified parcel or portion of the Project, the Notice of Lien for Required Offsite Improvements may be recorded against and apply only to such parcel or portion of the Project. [ ] (c) Cash Bond. (1) The Improvements identified in Exhibit "B" shall be secured by cash, or check (cashier's, certified, or registered), or money order issued by CAF#450 • 01 /01 /02 (financial institution), in the amount ofJ------------------------------ Dollars ($------------ ), Payable to the Broward County Board of County Commissioners. The DEVELOPER may at its option, later provide to the COUNTY a surety bond or letter of credit acceptable to COUNTY, in like amount, that shall be substituted for the cash, check, or money order. If the DEVELOPER provides a surety bond or letter of credit the provisions of subsection 4(b) above shall apply. (2) The estimated costs of the Improvements are __ Dollars (s---------_ —__). �_--- (3) 4l-Jpon completion of the Improvements, and acceptance by the applicable unit of local government, the DEVELOPER shall notify the Broward County Engineering Division of such completion and acceptance. Upon a determination by the Engineering Division that the Improvements have been installed, constructed, completed, and accepted, and following the completion of DEVELOPER'S one (1) year maintenance obligations if the Improvements are made to a County road, the COUNTY shall have ninety (90) days to remit -Dollars ($) to the DEVELOPER, provided that the COUNTY has not already effected a remittance to the DEVELOPER because . of the earlier substitution of a surety bond or letter of credit. 5. Upon the completion of one or more of the road Improvements specified in Exhibit "B," the DEVELOPER may request a partial release of security from the COUNTY. The DEVELOPER shall submit a sealed certification by a Registered Engineer of the work completed, and a cost estimate of the remaining roadway Improvements to be completed based upon the current approved County unit prices. Upon acceptance by the COUNTY of said certification and cost estimate, and payment by the DEVELOPER of any applicable fee, the COUNTY shall release that portion of the security, if any, which is in excess of the cost of the remaining road Improvements. Final release of the full security is subject to the standard COUNTY maintenance period of one (1) year from the date of completion of all of the Improvements specified on Exhibit "B," for roadways subject to COUNTY permit jurisdiction. Prior to release of any security held by the COUNTY for Improvements which are under the permit jurisdiction of other governmental agencies, the DEVELOPER shall submit documentation from the permit agency officially accepting the Improvements and consenting to the release of security. 6. DEVELOPER agrees that the construction contract(s) for the Improvements shall CAF#450 6 01/01/02 (a) Indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of contractor or subcontractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Director of the Broward County Engineering Division and County -Attorney, any sums due DEVELOPER under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. (b) In order to insure the indemnification obligation contained above, CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth below, in accordance with the terms and conditions required by this section. (c) Such policy or policies shall be without any deductible amount and shall be issued by United States Treasury approved companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. CONTRACTOR shall specifically protect COUNTY and the Broward County Board of County Com- missioners by naming COUNTY and the Broward County Board of County Commissioners as additional insureds. (d) Comprehensive General LiabiritM Insurance. A Comprehensive General Liability Insurance Policy with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or operations. Independent contractors. CAF#450 01/01/02 7 Products and/or completed operations for contracts. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Underground coverages. (e) Business Automobile Liability Insurance. Business Automobile Liability Insurance with minimum limits of Three Hundred Thousand Dollars ($300;000.00) per occurrence, combined single limit for Bodily InjuryLiability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned vehicles. Hired and non -owned vehicles. Employers' non -ownership. (f) Workers' Compensation Insurance, Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. (g) CONTRACTOR shall furnish to the Broward County Engineering Division Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Agreement, and state that such insurance is as required by this Agreement. (h) Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of DEVELOPER is completed. All CAF#450 01 /01 /02 8 policies must b endorsed to provide COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days' prior to the date of their expiration. 7. COUNTY agrees that this Agreement satisfies the requirements of the Broward County Land Development Code, that developers install all required Improvements prior to issuance of a development order or enter into an agreement to provide for installation of the required Improvements within a reasonable period of time or before issuance of building permits or certificates of occupancy, as required by the County Commission. Upon official acceptance of the Improvements by the applicable road construction permitting agency, the local government may issue certificates cf occupancy for parcels or portions of the Project according to the schedule set forth in Exhibit "B." 8. NOTICE. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: '10 For the COUNTY: Director of the Broward County Engineering Division 1 North University Drive, Suite 300B Plantation, FL 33324-2038 CAF#450 9 01l01/OZ For the DEVELOPER: Intertwo, _ -Inc. C/O Jeffrey L._ Greenberg, P.A. 4800 N. Federal Highway, Suite 304D Boca Raton, FL 33431 9. RELEASE. When all of the obligations attributable to a specific Phase of the Project, as set forth in Exhibit "B," or all of the obligations under this Agreement are fully paid and performed, at the request of the Developer or its successor and upon payment of any applicable fees, COUNTY shall cause a Partial Release to be recorded in the Official Records of Broward County, Florida evidencing such performance., -To the extent that the obligations set forth herein are divisible and attributable to a specific parcel or portion of the Project, COUNTY may grant a partial release of this agreement for a specific parcel or portion of the Project for which this road impact obligation has been satisfied. ram, 10. RECORDATION. DEVELOPER agrees that this Agreement shall be recorded in the Official Records of Broward County, Florida, against the property described in Exhibit "A" to put subsequent purchasers, grantees, heirs, successors and assigns of any interest in such property on notice of the obligations set forth herein, which shall run with the property until fully performed. However, the amount set forth in paragraph 4.(b)(1) above shall not constitute a lien on the property unless and until • the provisions of paragraph 4.(b)(5) are activated by the recording of a "Notice of Lien for Required Offsite Improvements." 10. VENUE; CHOICE_OF LAW. Any controversies or legal issues arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State Courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall be governed by the laws of the State of Florida. 11. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that there have been no amendments or revisions whatsoever to the form Agreement without the prior written consent of the County Attorney's Office. Any unapproved changes shall be deemed a default of this Agreement and of no legal effect. 12. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. CAF#450 10 01 /01 /02 • 13. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 14. EXHIBITS, All Exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. Typewritten or handwritten provisions inserted in this Agreement or attached hereto shall control all printed provisions in conflict therewith. 15. FURTHER ASSURANCES. The parties hereby agree to execute, acknowledge and deliver and cause to be done, executed, acknowledged and delivered all further assurances and to perform such acts as shall reasonably be requested of them in order to carryout this Agreement. 16. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion of its obligations pursuant to this Agreement to a grantee of the fee title to all or any portion of the property described in Exhibit "A." DEVELOPER agrees that any assignment shall contain a provision which clearly states that such assignment is subject to the obligations of this Agreement. 17. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the COUNTY and DEVELOPER. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] CAF#450 01/01/02 11 11 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature; BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair and Vice Chair, authorized to execute same by Board action on the ______ day of ______________, 20__, and --------------------------- through its duly authorized representative to execute same and the CITY, signing by and through its ---------------------- duly authorized to execute same. ATTEST: County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS M day of Chair .20 Approved as to form by Office of County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 Assistant County Attorney day of 20 CAF#45o 01 ro vo2 12 - • DEVELOPER -INDIVIDUAL Witnesses: (Signature) Name of Developer (Individual) Print name: ---------------- ___ ------------------- ----------------------_..—___ � F _ (Signature) (Signature) Print name: ---------------- --- Print name:----------------- - Print address: ------- -------- -------------------- day of ACKNOWLEDGMENT: INDIVIDUAL STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this by [ ]personally known to me, or [ ]produced identification. Type of identification produced ------- (Seal) My commission expires: CAF#450 01/01/02 13 NOTARY PUBLIC: Print name: , 20-- day of who is MAW, (Signature) Print name: DEVELOPER-CORPORATION/PARTNERSHIP hip): fone --------- Name of Developer c poration/partnership) By------- ................. (Signature) Print name:1Q_� J� Title:__1! _�___ Address39oi C?-q_ day of 20! ;L ATTEST ' rati n): ____ __ (CORPORATE SEAL) 0-At- (Secretary S i g n atu rtL 4,4 t.-t o Print Name of)5ecretary:---.r-/vo.f7�-r=�� � ACKNOWLEDGMENT: CORPORATION PARTNERSHIP STATE OF FLO(" 0 4 ) ) SS COUNTY OF &L,44 04CY+) The foregoing instrument was acknowledged before me this aV- day of 209b ec-nL��_ as core ation/partnership, on behalf of the corporation/partnership. He or she is: [ tersonally known to me, or [ ]produced identification. Type of identification produced .�____-___.�______ n A (Seal) "•ri JEFFREY L GREENBERG ►; :*. MY COMMISSION S DD 040215 EXPIRES: July 21, 2005 My commissio 59ond•dYhruNotary Pubhoundammers • C7 CAF#450 14 01 /01 /02 0 • MORTGAGEE -INDIVIDUAL Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit "A" hereby consents and joins in for the purpose of agreeing that its mortgage shall be subordinated to the foregoing Agreement. Witnesses: (Signature) Name of Mortgagee (Individual) Print name :----------------- __ (Signature) (Signature)—� — Print name:__ Print name: ------------- Print address: day of ,20 ACKNOWLEDGMENT - INDIVIDUAL STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ------------, 20--, by ------------------------------ [ ]personally known to me, or [ ]produced identification. Type of identification produced __--__—_--. NOTARY PUBLIC: . (Seal) My commission expires: CAF#450 01 /01 /02 15 Print name: day of who is MORTGAGEE-CORPORATION/PARTNERSHIP Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit "A" hereby consents and joins in for the purpose of agreeing that its mortgage shall be subordinated to the foregoing Agreement. Witnesses (if partnership): ------------------------ Name of Mortgagee (corporation/partnership) -------------------------- By-------___________—�_w_ (Signature) (Signature) Print name:____^ Print name:________—__—__� Title: Address: (Signature) _____________________ --- Print name:________________ ----------------- ---- day of ------------- 20 ATTEST (if corporation): _ v_ _____ (CORPORATE SEAL) (Secretary Signature) Print Name of Secretary:_____________________ ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this __—_ day of ----------------------1 20— by --------------- as -------------- of ----------------------, a ---------- corporation/partnership, on behalf of the corporation/ partnership. He or she is: ( ]personally known to me, or [ ]produced identification. Type of identification produced _______--__—__—__---- NOTARY PUBLIC: (Seal) My commission expires: Print name: CAF#450 01/01/02 16 • WITNESSES: CITY (If Property is located within a City) CITY of Tamarac, Florida f �J Mayor -Commissioner day of 20� �-- ATTEST: �G� t n a e r ----v_ ------ y g City Clerk o - day of ___ _, 2002�-' APP V D IM TO FORM: City At - torn CAF#450 01/01/02 17 EXHIBIT "A" LAND DESCRIPTION A PORTION OF TRACT 9, FORT LAUDERDALE TRUCK FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH A REPLAT OF PARCEL "A", THE CURTIS FIELD PLAT, AS RECORDED IN PLAT BOOK 130. PAGE 41 OF SAID PUBLIC RECORDS, ALL IN THE SOUTHEAST ONE --QUARTER (SE1/4) OF SECTION 9, TOWNSHIP 49 SOUTH. RANGE 41 EAST, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH ALL BEARINGS REFERENCED TO THE NATIONAL GEODETIC SURVEY TRANSVERSE MERCATOR, FLORIDA EAST ZONE, GRID NORTH, AS SHOWN ON THE STONER/KEITH RESURVEY OF A PORTION OF TOWNSHIP 47 SOUTH, ALL OF TOWNSHIP 48 SOUTH, RANGE 41 EAST do ALL OF TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN MISCELLANEOUS PLAT BOOK 3, PAGE 44 OF SAID PUBLIC RECORDS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 01'26'27" WEST, ALONG THE EAST LINE OF SAID SECTION 9, A DISTANCE OF 1551.18 FEET; THENCE SOUTH 89'35'05" WEST. 100.02 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE SOUTH 8735*05" WEST, 418.95 FEET; THENCE NORTH 01'26'27" WEST, 588.81 FEET; THENCE NORTH 89'35'05" EAST, 419.65 FEET TO THE WEST RIGHT--OF---WAY LINE OF UNIVERSITY DRIVE AS DESCRIBED IN OFFICIAL RECORDS BOOK 15718, AT PAGE 674 OF SAID PUBLIC RECORDS; THENCE SOUTH 45'55'41' EAST, ALONG SAID WEST RIGHT —OF --WAY LINE, 56.08 FEET; THENCE SOUTH 01'26'27" EAST, ALONG SAID WEST RIGHT--OF—WAY LINE, 175.51 FEET; THENCE SOUTH 89'35'05" WEST, 40.01 FEET TO THE WEST RIGHT—OF—WAY LINE OF SAID UNIVERSITY DRIVE AS SHOWN ON THE CURTIS FIELD PLAT; THENCE SOUTH 01'26'27" EAST, PARALLEL WITH AND 100 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID SECTION 9 AND ALONG THE EAST LINE OF PARCEL "A" OF THE CURTIS FIELD PLAT, 374.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN' THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. CONTAINING 254.461 SQUARE FEET, OR 5.842 ACRES, MORE OR LESS. CAF#450 01101102 18 0 EXHIBIT "B" LIST OF IMPROVEMENTS AND SCHEDULE Road Improvement Traffic Signal Conduit Relocation Pavement_ Marking and Signage Sidewalk 1-1 CAF#450 01/01/02 19 Completion Date Prior to issuance of Certificate of occupancy Prior to, issuance of Certificate of Occupancy Prior to issuance of Certificate of occupancy ATTACHMENT 111" TEMP RESO #9905 L7 Iti January 17, 2001 - Temp. Reso. #9254 Revision No. 1 — February 5, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- 34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING DEVELOPMENT ORDER NO. 319 AND GRANTING PLAT APPROVAL FOR THE "WESTLAND PLAT" REQUESTED BY INTERTWO, INC., OWNER, LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND NW 61 STREET; SPECIFICALLY A REPLAT OF A PORTION OF TRACT 9 OF THE "FORT LAUDERDALE TRUCK FARMS" PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH A REPLAT OF PARCEL "A" OF THE "CURTIS FIELD" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 130, PAGE 41 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO. 2-P-01; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR EXECUTION OF SAID PLAT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. it WHEREAS, a plat has been submitted by Intertwo, Inc., Owner, identified as the Westland Plat for approval by the City of Tamarac; and WHEREAS, pursuant to the instructions of the City Commission of Tamarac, Florida, a public meeting has been advertised in accordance with the applicable law of the date, time and place of the meeting regarding the review of the application for a development order by the applicant for development approval; and January 17, 2001 - Temp. Reso. #9254 2 Revision No. 1 — February 5, 2001 WHEREAS, the City Commission has examined and investigated the application, staff and Planning Board recommendations, and the attached Development Review Status Sheet dated January 17, 2001 (attached hereto as Exhibit "I"); and WHEREAS, the City Commission reviewed the development order and accompanying documents at a public meeting; and WHEREAS, the City Commission has determined that the application is in compliance with all elements of the Comprehensive Plan, or will be in compliance prior to the issuance of a Certificate of Occupancy for the development that is the subject of the application; and WHEREAS, the Planning Board of the City of Tamarac has reviewed said plat and 4 has made recommendation for approval of said plat on January 17, 2001; and WHEREAS, the City Engineer has reviewed said plat and has made recommendation for approval and acceptance of said plat by the City of Tamarac; and WHEREAS, the Development Review Requirements of the Broward County Land Use Plan appeared to have been satisfied; and WHEREAS, the Director of Community Development recommends approval of the plat; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to issue Development Order No. 319 and grant Plat approval for the Westland Plat requested by Intertwo, Inc., Owner, located on the southwest corner of University Drive and NW 61 Street; specifically 4 January 17, 2001 - Temp. Reso. #9254 3 Revision No. 1 --- February 5, 2001 a replat of a portion of Tract 9 of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, together with a replat of Parcel "A" of the "Curtis Field" Plat, according to the Plat thereof as recorded in Plat Book 130, Page 41 of the Public Records of Broward County, Florida; Case N0.2-P-01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: That upon recommendation of the Planning Board, the Director of Community Development and the City Engineer, the plat submitted for approval, the "Westland Plat" requested by Intertwo, Inc., Owner, located on the southwest corner of University Drive and NW 61 Street; specifically a replat of a portion of Tract 9 of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, together with a replat of Parcel "A" of the "Curtis Field" Plat, according to the Plat thereof as recorded in Plat Book 130, Page 41 of the Public Records of Broward County, Florida; Case No.2-P-01; is HEREBY APPROVED. • • January 17, 2001 - Temp. Reso. #9254 4 Revision No. 1 — February 5, 2001 SECTION 3: That the development described on the attached Development Review Status Sheet dated January 17, 2001, is granted a development order subject to the following conditions: (a) The development order is assignable, but an assignment does not discharge any assignee from strict compliance with the order unless the City Commission consents to modify any of the original requirements_ SECTION 4: That the appropriate City Officials are hereby authorized to execute said plat. 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. • L7 January 17, 2001 - Temp. Reso. #9254 5 Revision No. 1 — February 5, 2001 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /( day of 2001. ATTEST: alt'� MARION SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHELL S. KF CITY ATTORN y JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS EXHIBIT " 1" TEMP RESO *9254 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 724-1292 DEVELOPMENT REVIEW STATUS SHEET Date: January 17, 2001 Orig. Dev. Order: 319 Revised Dev. Order: Project: Westland Plat Master File: 03-00 Location: Southwest corner of University Drive and NW 61 Street Developer: Shah, Drotos & Associates Owner: Intertwo, Inc. Zoning: B-2 Future Land Use Designation: Commercial Acres: 5.842 Recommended Date for Commission Action: February 14, 2001 1. DEVELOPMENT ORDER FOR: PLAT APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: January 17, 2001 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: Dated Received: Due at Final Site Plan Review 4. LANDSCAPE PLAN: Due at Final Site Plan Review 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: On File at Broward County 8. DEVELOPERS AGREEMENTS/FEES (where applicable) 1 1 EXHIBIT 99 1" TEMP RESO #9254 A. Water and Sewer Developer's Agreement: Utilities Engineer City Attorney Required before Building or Utility Construction Permits are issued. B. Other Development Agreements (Covenants, Stipulations, etc.) Utility Easement, Blanket Public Safety Ingress/Egress Easement, Public Utility Easement Fee Amount: To be determined at Final Site Plan Appro% C. Drainage Retention: N/A Fee Amount: N/A 5% Required/Acres Deficiency/Acres X $45,500/Acre D. Drainage Improvement: N/A Fee Amount: N/A Project Acreage X $130.00/Acre E. Water & Sewer Contribution Charges Fee Amount: To be determined by Water/Sewer Developer's Agreement. F. M H. ERG Review Fee, if more than 9 ERC's Fee Amount: Required Local Parks/Recreation Public Works Engineering Fees Utility Engineering Fees Bonds (Utilities, Public Works) Fee Amount: N/A Fee Amount: To be determined Fee Amount: Determined by certified Cost Estimates. Bond Amount: Determined by certified Cost Estimates. Date: Approved by City Engineer N/A Utilities Engineer N/A City Attorney N/A J. On Site Beautification K. Local Traffic Impact Fees: Fee Amount: N/A Fee Amount: Determined at Final Site Plan Approval. 2 EXHIBIT "1" TEMP RESO #9254 7. DEVELOPMENT REVIEW REQUIREMENTS A. Potable Water Service Certification of Utilities Engineer or Consulting Engineer of Availability Service: AVAILABLE X WILL BE AVAILABLE NOT AVAILABLE B. Waste Water Treatment and Disposal Service Certification of Utilities Engineer or Consulting Engineer of Availability Service: AVAILABLE X WILL BE AVAILABLE NOT AVAILABLE C. Solid Waste Disposal Service Determination of Availability of Service: AVAILABLE WILL BE AVAILABLE X NOT AVAILABLE D. Drainage Adequately Certification of City Engineer or Consulting City Engineer of Adequacy of Drainage ADEQUATE WILL BE ADEQUATE X NOT ADEQUATE E. Regional Transportation Network . Compliance with Minimum Standards: COMPLIES X WILL COMPLY DOES NOT COMPLY F. Local Streets and Roads Compliance with Minimum Standards: COMPLIES X WILL COMPLY DOES NOT COMPLY G. Police Protection Service Compliance with Minimum Standards: COMPLIES WILL COMPLY X DOES NOT COMPLY H. Local Parks (Parks and Recreation Facilities) N/A I. School Sites: N/A To be determined by Broward County 8. PROCESSING FEES (PAID) Plat Application Fee $2,500.00 u:\pats\usardata\wpdatavorms\8254drsa I* 3 WESTLAND PLAT CASE NO.2-P-01- TEMP RESO #8254 ji ll I?mLI1lll II' CITYCOMMISSION February 14, 2001 F;W.,M '-- i— ij Ettc� City of Tamarac J. Ch= MO N.W. Mth Ave., Terraria Florida 3=-24m T Cmym* D"QMvt Fel 12M .01,/d,9/ 2001 13: 29 9547767608 PACE a 01/88/2001 14:49 9547767602 PAGE i. ' DESIGNATION OF AGENT F6 QUASI-JUDIGIA. PROCEEDINGS DATE: CASE NO.: - d ;• I IN THE MATTER OF -- ANY PERSON APP I G ON YOUR. BEHALF, IN YOUR ABSENCE, MUST EE DESIGNATED AS YO GENT ON THIS DORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK• THE OUASI-JUCIDIAL HEARING AND THE MATTER 9tb��'�'�tMJIy�F A �VT THE BENEFIT OR THEIR TESTIMONY. MICHAHL D. ROSE , WILL ATTEND THE QUASI-JUDICIAL (Insert name of Age HEARING TO 814 HELD} N IN MY ABSENCE. IN ADDITION, MTcxASxa 0. ROSE HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RE TING TO ANY PROCEEDINGS RELATED TO wE (Address of *I0bjew;t property) THIS FORM MUST OR R�'�'1JRNED PRIOR TO THE QUASI-JUDICIAL HEADING. SIGNATURE OR WNEi# ` NAMRIADDRESS AND PHONE NO. OF DESIGNATED AGENT: SKAH, DROTOS & ASSOCIATES MICKAXL D. ROSE nt Nelme of L]wntlt (Print Name, of DamIgnated Agent) 1855 W COMML"RCZAL HLVD., f SUITE 190 x"T. "vDHR0&LZ, FL 33309 Phone: (954) 776--7604 FaX*(954) 776-7608 STATE OF FLORIDA: COUNTY OF BROWARDt The foregoing instru*ant was acknowlsd ed bafo rnr t Is �~ d�ey of + >� , zed „ by i'�r�f a , v tll:^0 personally wn to ma, and who ~did not) take srl ioath. ( ) .3 My Commission Itptrsr� I Votary ubll State of Florida ps �crprj`Atnmm�x�� Notary) IIIY GOMM 9& . p 7�1►0p01�1 117�M�AtaiyrwP M��.rNlr� Page 1 of 1 BR WAR �P (954)831-4000 Broward County Governmental Center 115 S. Andrews Ave, Room 114 Fort Lauderdale, FL 33301 www.broward.org/records s� Transaction #: 1796769 Receipt #: 1319386 Cashier Date: 3/5/2004 10:48:56 AM (1936) i iiiiii hill hill hill hill illil lilli llil lilI Print Date: 3/5/2004 10:51:13 AM Custonier Information. Transaction Information Payment Summary DateReceived: 3/5/2004 Source Code: Over the (255) CITY OF TAMARAC-CITY CLERK Counter ATTN: CITY CLERK'S OFFICE Q Code: Government Total Fees $17.00 7525 N.W. 88TH AVENUE Return Code: Broward Total Payments $17.00 TAMARAC, FL 33321-1212 Trans Type: Search Agent Ref Num: 1 Payments EdDE:F.ERRED $17.00 0 Recorded Items 1 Search Items BK/PG: 34578/1382 CFN:102644583 Date: 2/14/200311:29: 09 AM ULIE)_Lien. From: BROWARD COUNTY To: INTERTWO INC COPY FEE-Documents-PAPER-8.5xl 1 (1) Copy 16 $1.6.00 CERTIFY FEE 1 $1.00 0 Miscellaneous Items file:HC:\Program%20Files\RecordingModule\default.htm 3/5/2004 CFN # 102644583, OR BK 34578 Page 1382, Page 1 of 16, Recorded 02/14/2003 at ,11:29%AM, Broward County Commission, Deputy Clerk 1034 Return recorded copy to: Broward County Engineering Division 1 North University Drive. Suite 3006 Plantation, FL 33324-2038 Document prepared by: SHAH, DROTOS & ASSOCIATES, P.A. Engineering, Surveying & Planning 1835 S. Perimeter Rd., Suite 190 Ft. Lauderdale, FL 33309 (954) 776.7604 INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY, " AND -- Intertwo ln'P• _________________, its successors and assigns, hereinafter referred to as "DEVELOPER," [AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY] The City of ___Tamarac ___ ___-- a municipal corporation, created and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS, DEVELOPER'S Project, known as Westland Plat Development Management Division File No. 007 MP-01____, hereinafter referred to as the "Project," a legal description of which is attached hereto as Exhibit "A" and made a part hereof;" and WHEREAS, the Project was approved by the Board of County Commissioners of Broward County on _ Augisi --------- 20-Q1, subject to certain conditions to ensure the protection of the public health and safety, and one of the conditions imposed at the time of approval was the construction of certain road improvements; and WHEREAS, the parties desire to enter into this agreement to provide for the construction, funding and security for the required improvements as described in Exhibit "B" attached hereto and made a part hereof; NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and payments hereinafter set forth, th parties agree as follows: CAF#450 / 01 /01 /02 �1� I II I n r` r = �..... _ �.................._.. OR BK 34578 PG 1383, Page 2 of 16 The above recitals and representations are true and correct and are incorporated herein. 2. INSTALLATION OF RE UIRED IMPROVEMENTS. (a) DEVELOPER agrees to and shall construct the improvements described in the attached Exhibit "B," hereinafter referred to as the "Improvements." Said Improvements shall be constructed in accordance with the schedule set out in Exhibit "B." (b) The Improvements described in Exhibit "B" shall be installed in accordance with applicable COUNTY, CITY, or State of Florida, Department of Transportation standards and specifications and in accordance with the Development Review Report for the Project. The construction plans for the Improvements, including pavement marking and signing plans, shall be submitted to COUNTY for review. The construction plans for the Improvements must be approved by the COUNTY prior to the commencement of construction. Construction shall be subject to inspection and approval by COUNTY. Pavement marking and signing shall be provided for all of the Improvements and shall be subject to review, field inspections and final approval by the Broward County Traffic Engineering Division, which Improvements shall be consistent with the previously approved plans. (c) If property is located within a municipality, CITY agrees not to issue building permits for construction of a principal building within the Project until such time as DEVELOPER provides CITY with written confirmation from COUNTY that engineering plans for the required improvement have been approved by the Broward County Engineering Division and that DEVELOPER has complied with paragraph 4.of this Agreement. If the property is located within the unincorporated area, the COUNTY shall not issue building permits for construction of a principal building within the Project until such time as the DEVELOPER has complied with paragraph 4. of this Agreement. (d) If property is located within a municipality, CITY agrees not to issue any certificates Of occupancy within the Project prior to completion of the "Improvements" according to the schedule set forth in Exhibit "B." If the property is located within the unincorporated area, the COUNTY shall not issue any certificates of occupancy within the Project prior to completion of the "Improvements" according to the schedule set forth in Exhibit "B." (e) DEVELOPER agrees to notify COUNTY of acceptance of Improvements by permitting authority if such permitting authority is other than the COUNTY. CAF#450 01 /01102 2 OR BX 34578 PG 1384, Page 3 of 16 3. DEVELOPER understands and agrees that it is DEVELOPER'S responsibility to complete the Improvements described in Exhibit "B" and that all costs relating to the installation of the Improvements will be borne by the DEVELOPER. 4. CURITY AND DEFAULT. PLEASE CHECK THE APPROPRIATE SECTION BELOW M (a) Lien. (1) A lien is hereby imposed by the COUNTY against the real property identified in Exhibit "A" in the amount of Twenty 'three I'housa Four Hundred One Dollars ($_23, 401 . oo ' Such lieM shall secure the construction of the "Improvements" identified in Exhibit "B" attached hereto. Such lien shall exist until fully paid discharged, released, or barred by law. The lien created by this A 3reement shall be superior to and shall have priority over any mort age on the real property described in Exhibit "A." The DEVELO IIER shall cause this Agreement to be executed by the holder of any such mortgage, which execution shall constitute the mortgagee's consent to such subordination. (2) Prior to th DEVELOPER obtaining a building permit for construction of any po ion of the Project which, according to the schedule set forth in Exhibit "B," requires the installation of the "Improvements", or a portion thereof, DEVELOPER shall provide a form of security acceptablD to the COUNTY in the form of a letter of credit, surety bond, o other acceptable security in the amount of _--_____------------------------------ _ Dollars ($--- —----------- ), in substitution of the lien imposed hereby, and the COUNTY shall cause to be executed and recorded in the Official Records of Broward County a release or satisfaction of the lien upon the propeily described in Exhibit "A." (3) DEVELOPER may elect to provide security for any individual phase as listed n Exhibit "B," in order to release a portion of the lien imposed on the Project for the individual phase. In that event, DEVELOPER shall submit a cost estimate prepared by a Registered Engineer for the "Improvements" required in such phase. Upon acceptance by the COUNTY of the cost estimate, and payment by DEVELOPER of any applicable fee, that portion of the Project shall be released from the lien imposed and the total amount of the lien shall be reduced by the approved amount. CAF=#450 !+ 01/01/02 3 OR BK 34578 PG 1385, Page 4 of 16 (4) In the event DEVELOPER fails to construct the "Improvements" according to the terms and conditions of this Agreement, COUNTY may recover such sums from DEVELOPER as are necessary in order to cause the construction of the "Improvements" that are outstanding. Such sums, plus costs and attorney's fees, may be recovered by COUNTY against the DEVELOPER through a civil action, or may be recovered by action as provided by the applicable security. In the event that DEVELOPER fails to construct an improvement secured by lien created hereunder, such lien may be foreclosed or otherwise enforced .by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. (6) DEVELOPER shall ensure that the substitute security remains valid and in full force and effect until DEVELOPER'S improvement obligations are fully performed. Expiration of the security prior to DEVELOPER'S performance of such obligation, or notice to COUNTY that the security will expire or has been canceled or disaffirmed prior to DEVELOPER'S satisfaction of all obligations hereunder, shall constitute a default of this Agreement, (7) In the event the letter of credit, surety bond or other form of security provided to COUNTY, as described above, expires, is canceled, or is disaffirmed, COUNTY shall send notice to DEVELOPER, according to the notice provisions of this Agreement, and DEVELOPER shall have one (1) month from the date of such notice to provide substitute security in a form acceptable to COUNTY. If DEVELOPER fails to provide acceptable substitute security, COUNTY may record a document entitled "Notice of Lien for Installation of Required Improvements" which shall constitute a lien on the property described in Exhibit "A" for the amount due hereunder, until fully paid, discharged, released or barred by law. To the extent that the failed security is attributable to an identified parcel or portion of the Project, the Notice of Lien for Required Improvements may be recorded against and apply only to such parcel or portion of the Project. [ ] (b) Surety Bond or Letter of Credit. (1) Prior to the DEVELOPER recording the plat or any agreements which were conditions of approval for the Project, the DEVELOPER shall provide the COUNTY with security such as a surety bond or irrevocable letter of credit, which is acceptable to the COUNTY and which guarantees the DEVELOPER'S performance of the CAF#450 01/01/02 4 OR EK 34578 PG 1386, Page 5 of 16 construction obligations set forth in this Agreement in the total amount of $_� (2) If the DEVELOPER obtains certificates of occupancy prior to completion of the applicable Improvements, contrary to the schedule set forth in Exhibit "B," the DEVELOPER shall be in default of this Agreement. In the event the DEVELOPER defaults under the terms of this Agreement, COUNTY shall be entitled to draw against the security for the amount set out in paragraph 4.(b)(1), plus costs as set forth herein. If COUNTY draws against the security and the amount recovered is less than the amount necessary to construct the Improvements, COUNTY may maintain an action against DEVELOPER in a court of competent jurisdiction for the difference between any sums obtained and the amount due, plus costs and interest accrued from the due date at the rate of 12 percent per annum. (4) DEVELOPER shall ensure that the security remains valid and in full force and effect until DEVELOPER'S road improvement obligation is fully performed, Expiration of the security prior to DEVELOPER'S performance of such obligation, or notice to COUNTY that the security will expire or has been canceled or disaffirmed prior to DEVELOPER'S satisfaction of all obligations hereunder, shall constitute a default of this Agreement. (5) In the event the security expires, is canceled or is disaffirmed, COUNTY shall send notice to DEVELOPER according to the notice provisions of this Agreement and DEVELOPER shall have one (1) month from the date of such notice to provide substitute security in a form acceptable to COUNTY. If DEVELOPER fails to provide acceptable substitute security, COUNTY may record a document entitled "Notice of Lien for Required Offsite Improvements" which shall constitute a lien on the property described in Exhibit "A" for the amount set forth in paragraph 4.(b)(1), or stated portion thereof. To the extent that the failed security is attributable to an identified parcel or portion of the Project, the Notice of Lien for Required Offsite Improvements may be recorded against and apply only to such parcel or portion of the Project. C ] (c) Cash Bond. (1) The improvements identified in Exhibit "B" shall be secured by cash, or check (cashier's, certified, or registered), or money order issued by GAF#450 01101 /02 OR BK 34578 PG 1387, Page 6 of 16 ----------------------------------- (financial institution), in the amount of Dollars ($ ...... ......), payable to the Broward County Board of County Commissioners, The DEVELOPER may at its option, later provide to the COUNTY a surety bond or letter of credit acceptable to COUNTY, in like amount, that shall be substituted for the cash, check, or money order. If the DEVELOPER provides a surety bond or letter of credit the provisions of subsection 4(b) above shall apply. (2) The estimated costs of the Improvements are ----------------------------------------------- Dollars ($------------- ). (3) Upon completion of the Improvements, and acceptance by the applicable unit of local government, the DEVELOPER shall notify the Broward County Engineering Division of such completion and acceptance. Upon a determination by the Engineering Division that the Improvements have been installed, constructed, completed, and accepted, and following the completion of DEVELOPER'S one (1) year maintenance obligations if the Improvements are made to a County road, the COUNTY shall have ninety (90) days to remit -------------------------_-___-___ Dollars ($------------- ) to the DEVELOPER, provided that the COUNTY has not already effected a remittance to the DEVELOPER because of the earlier substitution of a surety bond or letter of credit. Upon the completion of one or more of the road Improvements specified in Exhibit B," the DEVELOPER may request a partial release of security from the COUNTY. The DEVELOPER shall submit a sealed certification by a Registered Engineer of the work completed, and a cost estimate of the remaining roadway improvements to be completed based upon the current approved County unit prices. Upon acceptance by the COUNTY of said certification and cost estimate, and payment by the DEVELOPER of any applicable fee, the COUNTY shall release that portion of the security, if any, which is in excess of the cost of the remaining road Improvements. Final release of the full security is subject to the standard COUNTY maintenance period of one (1) year from the date of completion of all of the Improvements specified on Exhibit "B," for roadways subject to COUNTY permit jurisdiction. Prior to release of any security held by the COUNTY for Improvements which are under the permit jurisdiction of other governmental agencies, the DEVELOPER shall submit documentation from the permit agency officially accepting the Improvements and consenting to the release of security. 6. DEVELOPER agrees that the construction contract(s) for the Improvements shall: CAF#450 01/01/02 6 OR BK 34578 PG 1388, Page 7 of 14 (a) Indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of contractor or subcontractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Director of the Broward County Engineering Division and County Attorney, any sums due DEVELOPER under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. (b) In order to insure the indemnification obligation contained above, CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth below, in accordance with the terms and conditions required by this section. (c) Such policy or policies shall be without any deductible amount and shall be issued by United States Treasury approved companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. CONTRACTOR shall specifically protect COUNTY and the Broward County Board of County Com- missioners by naming COUNTY and the Broward County Board of County Commissioners as additional insureds. (d) Com rehensive General Liabilit Insurance. A Comprehensive General Liability Insurance Policy with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or operations. Independent contractors. CAF#450 01/01/02 OR BK 34578 PG 1389, Page 8 of 16 Products and/or completed operations for contracts Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Underground coverages. (e) Business Automobile Liabilit Insurance. Business Automobile Liability insurance with minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned vehicles. Hired and non -owned vehicles. Employers' non -ownership. (� Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. (9) CONTRACTOR shall furnish to the Broward County Engineering Division Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Agreement, and state that such insurance is as required by this Agreement. (h) Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of DEVELOPER is completed. All CAF#450 01/01/02 8 OR BK 34576 PG 1390, Page 9 of 16 Policies must b endorsed to provide COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days' prior to the date of their expiration. 7. COUNTY agrees that this Agreement satisfies the requirements of the Broward County Land Development Code, that developers install all required Improvements prior to issuance of a development order or enter into an agreement to provide for installation of the required Improvements within a reasonable period of time or before issuance of building permits or certificates of occupancy, as required by the County Commission. Upon official acceptance of the Improvements by the applicable road construction permitting agency, the local government may issue certificates of occupancy for parcels or portions of the Project according to the schedule set forth in Exhibit "B." 8. NOTICE. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S, Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph, For the present, the parties designate the following as the respective places for giving notice: For the COUNTY: Director of the Broward County Engineering Division 1 North University Drive, Suite 300E Plantation, FL 33324-2038 CAF#W50 01 /01 /02 9 OR BK 34578 PG 1391, Page 10 of 16 For the DEVELOPER: Intertwo, Inc. C/O Jeffrey L. Greenberg, P.A. mm 4800 N. Federal Highway, Suite 304D -___-________ Boca Raton, FL 33431 ------------------------------------------------- 9. RELEASE. When all of the obligations attributable to a specific Phase of the Project, as set forth in Exhibit "B," or all of the obligations under this Agreement are fully paid and performed, at the request of the Developer or its successor and upon payment of any applicable fees, COUNTY shall cause a Partial Release to be recorded in the Official Records of Broward County, Florida evidencing such performance. To the extent that the obligations set forth herein are divisible and attributable to a specific parcel or portion of the Project, COUNTY may grant a partial release of this agreement for a specific parcel or portion of the Project for which this road impact obligation has been satisfied. 10. RECORDATION. DEVELOPER agrees that this Agreement shall be recorded in the Official Records of Broward County, Florida, against the property described in Exhibit "A" to put subsequent purchasers, grantees, heirs, successors and assigns of any interest in such property on notice of the obligations set forth herein, which shall run with the property until fully performed. However, the amount set forth in Paragraph 4.(b)(1) above shall not constitute a lien on the property unless and until the provisions of paragraph 4.(b)(5) are activated by the recording of a "Notice of Lien for Required Offsite Improvements," 10. VENUE CHOICE OF LAW. Any controversies or legal issues arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State Courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall be governed by the laws of the State of Florida. 11. CHANGES TO FORM AGREEMENT DEVELOPER represents and warrants that there have been no amendments or revisions whatsoever to the form Agreement without the prior written consent of the County Attorney's Office. Any unapproved changes shall be deemed a default of this Agreement and of no legal effect. 12. CAPTIONS AND PARAGRAPH HEADINGS Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. CAF#450 01 /01 /02 10 OR BK 34578 PG 1392, Page 11 of 16 13. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 14. EXHIBITS, All Exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. Typewritten or handwritten provisions inserted in this Agreement or attached hereto shall control all printed provisions in conflict therewith. 15. FURTHER ASSURANCES. The parties hereby agree to execute, acknowledge and deliver and cause to be done, executed, acknowledged and delivered all further assurances and to perform such acts as shall reasonably be requested of them in order to carry out this Agreement. 16. ASSIGNMENT AND ASSUMPTION DEVELOPER may assign all or any portion of its obligations pursuant to this Agreement to a grantee of the fee title to all or any portion of the property described in Exhibit "A." DEVELOPER agrees that any assignment shall contain a provision which clearly states that such assignment is subject to the obligations of this Agreement_ 17. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the COUNTY and DEVELOPER. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] CAF#450 01/01/02 11 OR BK 34578 PG 1393, Page 12 of 16 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature; BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair and Vice Chair, authorized to execute same by Board action on the 20__, andlW� ±i1G ------ day of representative to execute same �an the CITY, ~signinthr9obugh its dui authorized duly authorized to execute same. y through its I_1 County Administrate x- Officio Clerk of the Board of County Commissioners of Broward County, 0•` wV C =� r 19 COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By--- 20 C Approved as to form by Office of County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By_ ----- ____11_ __ Assistant County Attorney_ _ — .951—"—ay of , 20_ -1 CAF#450 01/01/02 12 OR BK 34578 PG 1394, Page 13 of 16 DEVELOPER-CORPORATION/PARTNERSHIP Witnesses (if partnership): lumZiJ�j�►+������� Name of Develo r (corporation/partnership) ----------------------------- By-------w------- (Signature) (Signature) Print name:_________________ Print nameID-4MP Q C446 7,1t2. Title:_V 1 _ AddressCu _ 7 (Signature) µ_-___�-_--- ___ Print name:_ n ------------------- aZ� day of �!���,!� _ 2002- ATTEST if orporation): --- (CORPORATE SEAL) (Secretary Signature) / Print Name of ecretary:_F�rr�c,.,v/o_ aj3 roo T• ACKNOWLEDGMENT: CORPORATION/PARTNERSHIP STATE OF MOH p, ) ) SS COUNTY OF e*-M &Wi+) Cott The foregoing instrument was acknowledged efore me this a7? day of _ _�__ 200,, by a �_ �� __ as -___-.lL4t--- Of-r-^---------__,Lei---- corpor tion/partnership, on behalf of the corporation/partnership. He or she is: [ rsonally known to me, or [ )produced identification. Type of identification produced (Seal) JEFIFREYL.GRE; ERG MY COMMISSION N DD 040215 EXPIRES! July 2t, 2005 My commi x6'I11N NaIry Py6lk UndlANAl, nl CAF#450 01/01/02 13 OR BK 34578 PG 1395, Page 14 of 16 WITNESSES: ATTEST: T City Clerk CAF#450 01/01/02 CITY (If Property is located within a City) CITY of __Tamarac, Florida By_ �_ Ma_�_ / ~. yor-Commissioner a_ day ofJC� 20 d� ev __ ity _ anager _ day of 20}— 1¢ M OR BK 34578 PG 1396, Page 15 of 16 EXHIBIT "A" LAND DESCRIPTION A PORTION OF TRACT 9, FORT LAUDERDALE TRUCK FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH A REPLAT OF PARCEL "A", THE CURTIS FIELD PLAT, AS RECORDED IN PLAT BOOK 130, PAGE 41 OF SAD PUBLIC RECORDS, ALL IN THE SOUTHEAST ONE -QUARTER (SE1/4) OF SECTION 9, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH ALL BEARINGS REFERENCED TO THE NATIONAL GEODETIC SURVEY TRANSVERSE MERCATOR, FLORIDA EAST ZONE, GRID NORTH, AS SHOWN ON THE STONER/KEITH RESURVEY OF A PORTION OF TOWNSHIP 47 SOUTH, ALL OF TOWNSHIP 48 SOUTH, RANGE 41 EAST & ALL OF TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN MISCELLANEOUS PLAT BOOK 3, PAGE 44 OF SAID PUBLIC RECORDS; COMMENCE, AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 01'26'27" WEST, ALONG THE EAST LINE OF SAID SECTION 9, A DISTANCE OF 1551.18 FEET; THENCE SOUTH 89'35'05" WEST, 100.02 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE SOUTH 89`35'05" WEST, 418.95 FEET; THENCE NORTH 01'26'27" WEST, 588.81 FEET; THENCE NORTH BW35'05" EAST, 419.fi5 FEET TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY DRIVE AS DESCRIBED IN OFFICIAL RECORDS BOOK 15718, AT PAGE 674 OF SAID PUBLIC RECORDS; THENCE SOUTH 45'55'41" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, 56.00 FEET; THENCE SOUTH 01-26'27" E,gST, ALONG SAID WEST RIGHT-OF-WAY LJNE, 175.51 FEET; THENCE SOUTH 89'35'0S" WEST, 40.01 FEET TO THE WEST RIGHT -OF --WAY LINE OF SAID UNIVERSITY DRIVE AS SHOWN ON THE CURTIS FIELD PLAT; THENCE SOUTH 01'26'27" EAST, PARALLEL WITH AND 100 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID SECTION 9 AND ALONG THE EAST LINE OF PARCEL "A" OF THE CURTIS FIELD PLAT, 374.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING 1N THE CITY OF TAMARAC. BROWARD COUNTY, FLORIDA. CONTAINING 254,461 SQUARE FEET, OR 5.842 ACRES, MORE OR LESS. CAF##450 01/01/02 is OR BK 34578 PG 1397, Page 16 of 16 EXHIBIT ! LIST OF IMPROVEMENTS AN,D SCHEDULE Road Imprgyement Traffic Signal Conduit Relocation -Three copies of a Traffic Signal Relocation Plan, including a cost estimate shall be provided to the Traffic Engineering Division. All easements necessary for the relocation and maintenance of the conduit must be shown. No Bond Amounts will be approved without approved without approved Traffic Signal Relocation Plans, No Bonds shall be released with- out field Inspection and final approval of all mater- ials, Installation and locations by the Traffic Engin- eering Division. Pavement Marking and Signage-A Pavement Marking and Signage Plan, three copies, including Cost Estimate shall be provided to the Traffic En- gineering Division. All pavement markings shall be Thermoplastic. Pavement markings and signing materials shall be fully reflectorixed with high in- tensity materials. No Bonds shall be released with- out field inspection and final approval by the Traffic Engineering Division of all materials, installations and locations. Sidewalk -Provide an approved paved pedestrian accesslanding pad conforming with the provisions of the Americans with Disabilities Act (A©A) for persons exiting or seeking to enter the bus, which should be constructed as follows: 80 feet long and 8-10 feet wide. The 50-foot section of sidewalk starting from the beginning of the bus pullout bay storage should be 8 feet wide, and the remaing 30-foot section of sidewalk should transition to 10 feet wide to accommodate a future bus shelter. Bond amount for this improvement is $8,000.00. Com I tion Dat Prior to issuance of C.O. Prior to issuance of C.O. Prior to issuance of C.O. Bus Pullout Bay -A southbound bus bay on University Prior to issuance of C.O. Drive, commencing Immediately south of Northwest 6151 Street, along the east plat limits. The bus pullout bay shall be 12 feet wide and 118 feet long, with 80 feet of storage and 36 feet of exit taper. CAF#450 .,, 01/01/02 GCM �., I zby c ,:rLify ibis ctr,ctrnent to be a true, ............s o" �•_ co t �a aci co mpl "r copy ai the r OCTAST t" Dy utf I� t ekey Isis (/ r Rage s, nAAMi�astr r Li vuty C' "k