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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-086Temp. Reso. #8434, March 4, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99--U A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A SETTLEMENT AGREEMENT WITH CYPRESS III AT WOODMONT CONDOMINIUM ASSOCIATION, INC. FOR UNPAID GUARANTEED REVENUES FOR THE CYPRESS III AT WOODMONT PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a Water and Sewer Developer's Agreement was executed June 26, 1980, with Tall Development Corp. — 68/77 for an area within Land Sections 68 and 77, located on the northeast corner of Pine Island Road and McNab Road; and WHEREAS, a portion of the area covered by the Water and Sewer Developer's Agreement became Cypress III at Woodmont; and WHEREAS, the Developer reserved water and wastewater capacity for 360 units and a recreational complex through the Water and Sewer Developer's Agreement; and WHEREAS, the Water and Sewer Developer's Agreement required the payment of guaranteed revenue for all units covered under the Water and Sewer Developer's Agreement that were not constructed within 24 months of the date of execution of the Agreement; and WHEREAS, the developer never built three of the buildings which were covered Temp. Reso. #8434, March 4, 1999 2 under the Water and Sewer Developer's Agreement, nor paid the required guaranteed revenues; and WHEREAS, the property was subsequently sold to Cypress III at Woodmont Condominium Association, Inc., the current owners; and WHEREAS, the City initiated a negotiation process with the current owners to resolve the issue of unpaid guaranteed revenue; and WHEREAS, Cypress III at Woodmont Condominium Association, Inc. has agreed to pay the City a sum of $4,000 and relinquish any rights for reserved water and wastewater capacity for units not constructed but included in the Water and Sewer Developer's Agreement; and WHEREAS, in acceptance of Cypress III at Woodmont Condominium Association, Inc.'s proposed settlement agreement, the City agrees to release them from any obligations resulting from the unpaid guaranteed revenue for units not constructed but included in the Water and Sewer Developer's Agreement; and WHEREAS, Cypress III at Woodmont Condominium Association, Inc. has executed an agreement for the Settlement of Unpaid Guaranteed Revenues (attached hereto as "Exhibit 1"); and WHEREAS, it is the recommendation of the Utilities Director that the City Commission authorize the appropriate City Officials to accept and execute the proposed settlement agreement; and Temp. Reso. #8434, March 4, 1999 3 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to accept and execute the proposed settlement agreement regarding unpaid guaranteed revenue from the Cypress III at Woodmont Project. 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 appropriate City Officials are hereby authorized to accept and execute a settlement agreement regarding unpaid guaranteed revenues from the Cypress III at Woodmont Project, specifically accepting $4,000, relinquishing any right of the current owners to the reserved water and wastewater capacity for the units not constructed but included in the Water and Sewer Developer's Agreement, and the City releasing the current owners from any obligations resulting from this unpaid guaranteed revenue. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. 1 Temp. Reso. #8434, March 4, 1999 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day ofLj,c,�J , 1999. ATTEST: CAROL G , CMC/AAE CITY CLERK I HEREBY CERTIFY that I have appMe this RESOLUTION as to f6rnh. 1 4 /11 /17 MW/mg:aml 1 MITCHELL S. N CITY ATTOR JOE SCHREIBER MAYOR 0 Temp. Reso. #8434 TO: City Manager FROM: Utilities Director Recommendation: CITY OF TAMARAC INTEROFFICE MEMORANDUM UTILITIES DEPARTMENT DATE: March 4, 1999 RE: Cypress III at Woodmont, Settlement for Unpaid Guaranteed Revenues A Resolution of the City Commission authorizing the appropriate City Officials to accept and execute a settlement agreement for unpaid guaranteed revenues for the Cypress III at Woodmont Project, for an area within Land Sections 68 and 77, located on the northeast corner of Pine Island Road and McNab Road. Issue: To accept and execute a settlement with Cypress III at Woodmont Condominium Association, Inc. for unpaid guaranteed revenues for the Cypress III at Woodmont Project. Background: On June 26, 1980, a Water and Sewer Developer's Agreement was executed with Toll Development Corp. — 68/77 for an area within Land Sections 68 and 77. Through this Water and Sewer Developer's Agreement, water and wastewater utilities were reserved for 360 units and a recreational complex. Payment of guaranteed revenue was required for all units that were not constructed within a 24-month time period from the date of execution of the Agreement. The Developer never built three of the buildings covered under the Water and Sewer Developer's Agreement, nor paid the required guaranteed revenues. This property was subsequently sold to the current owner. As a result of a negotiation process between the City and current property owner to resolve this issue, a proposed settlement was reached. The Utilities Director recommends that the proposed settlement with Cypress III at Woodmont Condominium Association, Inc. for the Cypress III at Woodmont Project be approved and executed. Michael Woika MW/mg:aml Agreement for the Settlement of Unpaid . Guaranteed Revenues THIS AGREEMENT is made and entered into this�� -day of 1999, by and between the City of Tamarac, a municipal corporation i principal offices located at 7525 NW 88t" Avenue, Tamarac, FL 33321 (hereinafter "CITY") and Cypress III at Woodmont Condominium Association, Inc. (hereinafter "OWNER") to negotiate a settlement regarding unpaid guaranteed revenue from the Cypress III at Woodmont Project for an area within Land Sections 68 and 77, located on the northeast corner of Pine Island Road and McNab Road (hereinafter "PROPERTY"). WHEREAS, a Water and Sewer Developer's Agreement, attached to this Ag-reement as Exhibit "A", was executed on June 26, 1980, for an area within Land Sections 68 and 77. A portion of this area covered by the Water and Sewer Developer's Agreement became Cypress III at Woodmont. WHEREAS, The Water and Sewer Developer's Agreement required payment of guaranteed revenue for all units covered under the Agreement that were not constructed within 24 months of the date of execution of the Agreement. WHEREAS, three of the buildings covered under the Water and Sewer Developer's Agreement were never built, nor payment of the guaranteed revenues ever paid; and 0 WHEREAS, the PROPERTY was subsequently sold to the current OWNER. NOW, THEREFORE, in consideration of the terms and conditions, provisions, covenants and promises hereinafter set forth, the Parties agree that: The foregoing WHEREAS clauses are confirmed as being true and correct and are hereby made a specific part of this Agreement. 2. A sum total of $4,000.00 will be paid to the City. This payment shall be considered to be the full and total payment due to the City for the unpaid guaranteed revenues resulting from the provisions contained within the Water and Sewer Developer's Agreement on this PROPERTY, and fohlowing the payment of this amount, no further sums of money are owed to the City by the OWNER under the terms and provisions tithe Water and Sewer Agreement. 3. Upon payment of all sums due pursuant to this Agreement, the CITY shall release the OWNER, and the former owner, Heartwood 16, Inc., located at 1750 East Sunrise Boulevard, Woodmont Tract 68, Ft. Lauderdale, FL 33304, from any obligations resulting from the unpaid guaranteed revenue. 4. CITY and OWNER agree that the terms of the Water and Sewer Developer's Agreement shall apply to the existing improvements constructed pursuant to the provisions of that agreement. Settlement for Unpaid Guaranteed Revenues Agreement Page 1 of 2 r-I L-A provisions of that agreement, and shall be null and void and of no force and effect with any other land. 5. The OWNED hereby relinquishes any rights on the water and sewer capacity on the units covered under the Water and Sewer Developer's Agreement, but were not constructed. OWNER acknowledges that the Water and Sewer Developer's Agreement as to the unbuilt units is voided and if utility system capacity is ever sought for this project, it will be subject to the terms, conditions and limitations available at that time. IN WITNESS WHEREOF, the parties have made and executed this Settlement for Unpaid Guaranteed Revenues Agreement on the respective dates under each signature. City of Tamarac, through its Mayor and Cypress III at Woodmont Condominium Association, Inc., signing by and through its Officer, Ansel L. Marblestone duly authorized to execute same. ATTEST• Carol Gold, CM0WAE City Clerk Al ed form an egal sufficiency: l itc e I S. K ft, Cit ttorney ATT T: Corporate Secretary CITY OF TAMARAC / oe Schreiber, Mayor Date: --,/3 l 5 9 Noe, Jr., i Manager Company Name: CYPRESS AT WOODMONT III CONDOMINIUM ASSOCIATION, INC. President: R A 0 A) Al�`,,� L Type/print name of Corporate Secretary Type/Print Name and Title (Corporate Seal) Date: 2/25/99 Settlement for Unpaid Guaranteed Revenues Agreement Page 2 of 2 I, • • EXHIBIT A EVE1 na1rr11t ACREEP1ENT Nrsldential IMeC i FN Womcm TRA = 686) ► THIS AGREENW. Mode and entered Q by and between the City of Tamarac a into thisd�y of Of Florida. hereinafter called CITY municipal corporation Florida co ration. and Zb7ai, C17RF. 68 • 7, a n na ter ca UALS S r WHEREASsewage treatments plant togis ether owner and operator of a water treatment and tion facilities known as together water distribution and sewage collec- UTILITIES WATER AND SEWER SYSTEM"; and WHEREAS.• DEVELOPER owns or controls certain property in Broward County. Florida, as shown and described in EXHIBIT A attached hereto and made a part hereof; and all references he Property mean the property herein refer �on ne nafi�ined to DEVELOPER'S rred to; and WHEREAS, DEVELOPER is desirous of procuring water service or sewage dis sal service or both from the CITY for three hun3red s,. =1five (5) ERC for Recreational (360) units DEVE• lex L grope an cons true on WHEREAS, the parties hereto desire to enter into an agreement setting forth the mutual understandings and undertakings regarding the furnishing of said water and sewer services by CITY to the property hereinabove referred to; and WHEREAS, this agreement and all stipulations and covenants are and acknowl d ed o be subjectory to theapproval of ever County, this agreement. having Jurisdiction of the bjettoabtter of ►. THUEFORE. in consideration of the mutual covenants and under- takings Of the parties hereto and other good and valuable considerations, the Parties hereto covenant and Agree subject to the above provisions of the fifth Preamble each with the other as follows: I. (A) The term DEVELOPER includes each and every owner of a a# land looted within the above described Property for the any parcel agreement. purposes of this desi n Est DEVELOPER. at his expense and at no expense to CITY shall s . construct and install all necessary water service and sewage collection lines, over. through, under, across and past DEVELOPER'S property in Accord- ance with plans, specifications phd engineering data as submitted by a Florida registered engineer to be approved by the appropriate regulatory agencies referred to above and by the C1 �g and said water service and sewage EErcollectionolines shall r his rbeetnstallednatat ndive; wage connected to CITY'S existing water service and sebe lines, all Of which work shall be paid for by the DEVELOPER. Such sewage collection lines shall be installed at DEVELOPER'S expense a limltatlon. all gravity hall include, without flow nd smains. force mains, pump stations and lift stations required for the furnishing of service to At the time of submission of the plans, specificatiDEVELOPER'S property. ons and engineering data by DEVELOPER to the City Engineer. DEVELOPER shall pay to CITY a Plan Review Fee of $500.00 (to be paid one time only and applicable only if this Agreement is for. ten (10) or more ERC's) Said Plan Review Fee is to compensate CITY for CITY's expense in having said plans, specifications and engineering data reviewed by consulting engineers. (C) DEVELOPER Shall. at his txpen water service and savage sao retain the services of 0same registered professional engineer who prepared plans and specifications for collection systems essary inspection and sups for the Purposes of providing nec- struction rvision of the construction work to insure that con is at all times in Compliance with accepted sanitary engineering Practices and the approved plans and specifications. A copy of each field report shall be submitted to the City Engineer as each such inspection el wade. .Should there subsequently be cause or reason for the DEVELOPER to services of another registered engineer then DEVELOPER shell a�otifythe�Cthe ITY -within five.(5) days of such engagement. (D) DEVELOPER shall arrange for and hold a preconstructiori meeting With the City Engineer or his authorized representative. together with DEVELOPER, -or DEVELOPER'S engineer or contractor. Notification of said meeting shall L meads to writing and received by all pparties seventy-two 72 hours in advancbe e of said meeting. The meeting shall be held at least twenty-four (24) hours prior to start of each phase of construction. (E) The work to be performed by DEVELOPER, as above provided for, shall not be commenced until all plans and specifications covering the work to be performed are approved in writing by the City Engineer, or his authorized representative. (F) .DEVELOPER shall notify CITY..before any construction is begun and at the times when inspections are required. Said notification shall be made in writing and shall be received by the CITY at least twenty-four (24) hours in advance of the time construction is begun or inspections: due to be made. (6) During construction and at the time when periic ark required, the City Engineer, or his authorized repressentativenyyinspections present and DEVELOPER'S engineer, shall be present to observe end jointly witness tests for determination of conformance to approved plans and specifications. set forth he) The work be be ae formedeby DEVth ELOPER, pursuant to the provisions agencies having jurisdiction of the subject matter ofuthiiss Agreements regulatory (I) Mhen the water service and sewage collection systems have been satisfactorily installed, inspected, tested and approved in writing by the DEVELOPERS engineer, together with the City Engineer, or his authorized representative, CITY shall thereafter maintain the water service system and sewage collection system up to and within granted easements upon DEVELOPER'S property without cost to DEVELOPER; provided the obligation of the CITY to maintain the water service system and sewage collection system shall not take effect until such time as DEVELOPER has conveyed title to said systems to CITY which title has been acce ted by the City Council, furnished the As drawings described in Paragraph (J� below, and furnished a one (1) year warranty bond to guarantee all work as set forth in paragraph .II (A). (J) DEVELOPER shall, at his expense, furnish to the. CITY one complete Set of reproducible As -Built drawings prepared by the engineer who designed the tester service system or by any other engineer retained by the DEVELOPER, pro- viding that the consent of the CITY for the retention of such engineer is first obtained. Said As -Built drawings shall also be certified and sealed by the engineer and shall show all pertinent information as to the correct location Of ail mains. services, easements and appurtenances belonging thereto and Affecting the water service and ;swage collection systems as constructed in the field. As -Built drawing infdrmatiort as to easements, the correct location Of all mains, services, grades, invert elevations, heights related to a known datum, and all appurtenances belonging to the water and sewer installation, at Option of the City Engineer or City Council shall also be certified, and sealed submitted ttoo tthheiCITY �jjfbbessonnal transparennt materialaapp approvedbythe City Engineer. y • -2- 6/2/80 11 (r The DEVELOPER shall pay the +1 THIMr *�}�,� ( '� :Ty the SUw of CM HUNDRM f LE SIX 111�{WJ� SW� plus n res .11 11 apP ca e, pr wa r a serer con r 130 67p.00 €, - • as applicable. calculated according to rates set forth in Par�grUrgesaph orWt as otherwise provided for in Paragraph I (K)(d). The contribution charges are for 365 Units for rater and 36 lM�its for sewer. � S m+ent and the rate base. net ERC and UNIT are For he purposes of residential tmlts. Said Contribution charges are due at the time Synonymous Finalr Site Plan •pprora]. "+erer. DEiI'LOPER wy, elect to wake payments as follows 1 project on the Commencing upon the date of final site plan approval for a j n CITY the sum of Py describedpein Exhibit "A",DEVELOPER agrees to pay to j L ts on "tion toebe anth de by DEYELOPER.r Unit for aas hll ereinaftersets interest sum 1s hereinafter referth. Sai, rred to as the "Interest Charge" and is in addition to t �o T' �°$. a4Y other interest charges which DEVELOPER my be obligated to pay to other �..1, entities for water and sewer connections. 3 j�-'J (Z) The Interest Charge for each unit shall -be payable wonthl OI In advance commencing at final site plan approval fora project on the y Property described in Exhibit "A' and shall be paid Mnti1 such tine he the eontributton charge. he set forth. is paid to CITY for such unit. (3) At such time as DEVELOPER requests a a unit. DEVELOPER shall pay to CIbuilding permit for as hereinafter set TY the contribution charge for such unit, of the interest Chargethethe date ofco and shall lso nto CITY arty prorated portion nnecection. (4) DEVELOPER agrees, anything to the contrary herein contained notwithstanding, to pay to CITY the contribution charges for not less than tweentylhaneo(25Z Percent of the units described in Paragraph (K) above. not the contribution ) year from the date of this Agreement, and to pay to CITY the remainder of the units described in Paragraph (K) above. not later than two (2) gears from the date the first built Permit I$ issued by the CITY for pEYELOP(2)property. pay the contribution charge is established bythiscntraact,oisiaacontrtion actual ehargation of DEVELOPER, aRPER �icharge. d DEVELOPER acknowledges the propriety of this � If an interest) allo interest payment may be more than fifteen (15) days late. ERC'syrequired to bbee obtained duringthe first year nt, ant in full for the nfrom the date ofimum of 2nsite plan approval, or the contribution cha e two years from the date the first build n payment which is due no later than g permit is issued by the CITY for the property which is the subject of the Developers Agreement is none than fifteen (15) days late. the CITY shall send the DEVELOPER a notice of delinquency by prepaid certified Roil, and failure of the DEVELOPER to make the interest payment in full within seven (7) days of the date shown on the notice shall constitute a default by the DEVELOPER, and as a consequence of such default, any contribution charges under a Developers Agreement shall be automatically forfeited, and any payments wade as contribution charges shall be applied against the outstanding invoices and shall be liquidated damages. In the event of such default by the DEVELOPER.this Agreement and all rights and obligations for unconstructed units except the CITY's right to retain such liquidated damages shall be terminated. (6) Any increase in the amount of the contribution charge shall be applicable r all units for which the contribution charge was not paid in full for prior to the establishment of the increased charge. eater andLsaniitarylTY ssrseerr plantscapacittyyfor she 365 .Units of hydraulic in Exhibit "A". i�o"rthe lands described sthe CITY has entered into a "Large Users Agreement" with droward ty. (the "County"). in which the County has agreed to make future sewage treatment capacity Available at its,"gional wastewater treatment plant. In the event CITY cannot provide sufficient capacity. the DEVELOPER shall be en- titled to a refund of its contribution charges and interest paid thereon. as aforesaid described for those units for which CITY is unable to provide capacity. The reservation of units shell inure to the benefit of any successor Ex grantees of DEVELOPER only as to all or portions of the lands described in Exhibit IWA. The reservations shall be contingent upon the DEVELOPER re moy nthly Guaranteed Revenues in accordance with Exhibit."C" attached heretoandmade a part hereof. McguobCth - ter LdshCharges at ut� according tcharges setbytheITYCOUNCIasallbeIneffect time of execution of this Agreement or as set forth in Paragraph I(K)(6) if applicable. The following schedule represents the charges now in effect. -3- ....._._.. __ CONTRIBUTION water Single am y Resid-etaces.................. #350.00 per unit Nultiplr Family Residences with AentAls, Condominiums or other ...........$350.00 per unit CONTRIBUTION Sewer ng a am y s re ......... ......... $550.00 per unit Multiple Family Residences with f Rentals, Condominiums or other ............ $550.00 per unit The contribution charges shall be Computed based pe by the DEVELOPER, showing the number of units to be developed,athesidentityhof ! which list is incorporated in this Agreement as EXHIBIT or- attached hereto an made a part hereof- Any variation increasing the n r o units or ERC's to A be developed in said plan by DEVELOPER will give CITY the option of cancelling this Agreement and requiring DEVELOPER to execute a New ageemnt in order to obtain services provided additional service is available. (N) No connections are reserved to DEVELOPER until this Agreement is fully executed and all contribution charges paid or otherwise provided for in accordance with the term of this Agreement. (0) Under no'circumstances shall the CITY provide either water (except construction water) or sewer service to an area encompassed under a DEVELOPER's agreement when, in fact, that area has not been completed, tested, certified, approved and accepted by CITY, and As -Built drawings provided. all or any DEVELOPER agrees to make full disclosure to any party purchasing hereof, withaparticuurt of larprefe encentootthesed Guaranteed is Revenuestsas to et forthinterms0Exhibit "C". (Q) If this Developers Agreement has been submitted by DEVELOPER and interest charges paid prior to site plan approval. it is understood and ag that said payment and execution are voluntary acts by DEVELOPER which shal be a basis for a claim of vested rights in the event the site plan is ultimael rejected. Payment of the interest charges and execution of a Developers Agreem� and performance of those things required in the Developers Agreement, without more, shall not give any vested rights to DEVELOPER. In the event that the Si te plan is rejected by CITY, DEVELOPER shall be entitled to reimbursement of any interest charges paid, and this Agreement cancelled and of no effect. However, the CITY shall not be responsible for repayment of any portion of the interest charge not paid directly to CITY. This Paragraph is not intended to waive any rights which DEVELOPER has from sources outside of this Agreement. (R) Modifications to the CITY's water or sewer facilities or both whi& have been determined by the CITY's Consulting Engineer to be necessary to accommodate the impact that the demand created by this project is projected to have upon the water or sewer system are as set forth in Exhibit "D" shall be Performed by firms engaged by DEVELOPER as set forth in Exhibit "D". The work Shall be guaranteed for a period of one year from the time a Bill of Sale for the water or sewer or both facilities constructed by the DEVELOPER is accepted by the CITY COUNCIL. shall be performed by firms acceptabl* to the CITY in a fanner approved by the CITY at times which will minimally disrupt the operation, of the systems, and shall be completed before the first certificate of occupancy Is issued for any structure in the area included in this Aggreement, or as other- wise set forth in Exhibit "D". If DEVELOPER does not complete the work as set forth herein or in Exhibit "D", CITY shall have the option of performing all or any portion of the work described in Exhibit "D" with payment therefor to be made by DEVELOPER to CITY within fourteen days after CITY has obtained bids for the work. This provision and all Oder provisions in this Agreement are supplemental to applicable CITY regulations pertaining to off -site improvements. (S) In the event that DEVELOPER is a contract purchaser of the property described in Exhibit "A", this Agreement shall be recorded when and if DEVELOPER acquires title, when DEVELOPER acquires title he shall promptly notify CITY same and shall have this Agreement executed by all mortgage holders and othe with an interest in the property, or furnish CITY with an affidavit that ther is no mortgage holder or other party with any in the real property that is the subject of this Agreement. In the event DEVELOPER does not acquire title to the property within one year of the date of this Agreement, this Agreement shall automatically be deemed terminated, and all rights and obligations, except CITY's right to retain paid for contribution charges or parts thereof, and Guaranteed Revenues paid to the date of termination shall be extinguished. 4. • • r L-A is (A) No later than the tine of eftm letion. aparoval and acceptance of cork required to be done. DEVELOPER shall, without cost to CITY: (1) •Tanvey to CITY and its successors and ssslyns, by good and sufficient SEMENT DEED, In -a form satisfactory -- to CITY, a Perpetual r p t. aasement and privilege to operate, maintain. repair or,replace all water and sewer mains. pipes, connections, pumps and meters within Dranted easements upon DEVELOPER'S property in connection With supplying water or sewer service.or both,to the in- habitants. occupants and customers In DEVELOPER'S Property and secure from each mortgagee and lienor a release of mortgagees' and lienors interest in the easement and fixtures thereon for so long as the easement is used for the operation, maintenance, repair or replacement of water end sewer mains, pipes, connections, pumps and meters within the easements. (2) Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER'S right, title and interest In and to all of the water and sewer supply lines, mains. pumps, oonnections. pipes, valves, meters and equipment installed up to and within granted easements and right-of-way within the lands described in EXHIBIT 'A" attached hereto and made a part hereof for the pur� pose of supplying water service and sewage collection for the inhabitants, occupants and customers in DEVELOPER'S property. (3) Furnish CITY with an AFFIDAVIT that all persons. firms or corporations who furnished labor or materials used directly or indirectly in the prosecution of the work required to be performed by this Agreement have been paid. or in the event of a dispute between the DEVELOPER and a contractor or subcontractor,, furnish the CITY with a WND in the amount in dispute and in a form acceptable to the City Attorney. (4) pay to the CITY any and all applicable charges which shall besddue.Arid payable prior to connection to CITY'S sewer sy (5) Furnish CITY with a satisfactory WARRANTY OR BOND in the amount of 251 of the cost of the work n a fOrM acceptable to the City Attorney guaranteeing all work installed pursuant t0 this Agreement against defects in materials, equipment or construction for a period of not less than one (1) year from rate of acceptance of same by CITY. N -5- i iir. • (A) CITY further covenants and agrees with DEVELOPER as follows: CITT shall make its best efforts to furnish water Rqu ty and purity maetin of the 1Florida Department of pea standards required by the . the D rd County th and Rehabilitative Service, • agency having jurisdiction; and arq► other regulatory (2) CITY shall Wake its best efforts to supply - at a1 for the Use of each of the 1 times, System, a quantity of Water properties tc •its crater for domestic use at the customer's side of the meter;aandfactor� (3) CITY shall make its best efforts to furnish services as and when available within the CISewage collection Sewa system upon Approval from the regulatory agencies. TY'SThe obligation of the CITY to furnish service other.than con - facilities Water shall not arise until DEVELOPER facilities required to be constructed by DEVELOPER has PER pursuant to Provided construction of the has conveyed title to said facilities to CITY provided herein. Agreement and i as follows: i • IV. (A) it is mutually covenanted and agreed by and -between the parties (1) CITY shall have the exclusive right to furnish water and severe collection services to consumers within the area covered by this Agreement; and • (7) DEVELOPER shall do all things and make all installations and perform all work in accordance with the terms of this Agreement; and (3) DEVELOPER, his successors and assigns, and the owners and occupants of buildings on DEVELOPER'S property shall not install or maintain Purposes; and any water malls except for irrigation (4) DEVELOPER shall make no connections to the sewer system until such time as he is notified in writing by the CITY that approval by the regulatory agencies for sewer connections has been obtained by DEVELOPER, his successors and assigns, and the owners and occupants of buildings on DEVELOPER'S Property and shall within ninety (90) days of written notice Of the availability of sewer facilities connect to CITY'S sewer system and shall within ninety DOI dayys after receipt Of Written notice be prohibited from instal Ing, maintaining or using septic tanks for the disposal of sewage from said buildings; and (5) CITY shall have the right to promulgate from time to time feasonable rules and regulations relating to the furnishing Of water service and sewage collection service to consumers Within the area,encompsssed by this Agreement. Such rules and regulation! 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 WEST WATER AND SEWER YL re y ac now a ges an agrees t a� rates • aree su subject to change at any time by CITY; and -6- 6/2/RO • E- r� �J (6) (k) CITY shall not he liable or resppoonsible fnr maintenance or operation of any pilines, Valves, fixtures pes, pipe or equipment on any of the properties of the customers s Consumers nsum rs or users n DEVELOPER'S Property Other than the (ranted aasawnts to CITY e Collection ysem within and Pursuant to Paragraph II (A) (1); Each consumer of rater service or sewage Collection service en DEVELOPER'S property shall keep all Niter pipes, service 'lines, connections and necessary fixtures and equipment on the premises occupied b Interior lines Occupied Of the by saidOccupied�consumer, and within the order and condition. by the consumer in good order a Con occur at the sale of water by CITY to the ibovain�nin°i t��h ca e"�encof 1��essshal beh�s`set forth ppit �� CM regula ons; an No water from CIT Y'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 there has first been Made adequate provisions for compensating CITY for such rater; and (91 ,Any temporary cessations or interruptions of tOf he furnishings at amU'etime caur and sed be an Act oce to f rroperty described herein Ii breaaccik- downs, damns a �r failures, necessary maintenance work, breakiE authority, riots oruoth ertcausor eabeyondivil or the controltofythe CITY shall not constitute a breach of the provisions con- tained herein or impose liability upon the CITY by the DEVELOPER, his successors and assigns; and (10) If any section, subsection, sentence, clause, phrase or Portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and in- dependent provision and such holding shall not affect the validity of the remaining Portions hereof. Y. (A) The provisions of this Agreement shall be binding upon and inure to the benefits of successors in title to the real property described in this Agree- ment as being owned by DEVELOPER. However, any other assignment or transfer of DEVELOPER'S rights and obligations under this Agreement, is hereby prohibited. Dr'M+ard County, This Agreement shall be recorded among the public records of occupants ofty, Florida, for the particular purpose of placing Irll owners or and to DEVELOPER'S p saYd water and sewer systemss Ofof CITY uponnected to or to be connected to nroperty Conotice of each and every one of the pro - Visions herein contained to the same extent and with the Sam force and effect as If said owners and occupants had Joined with the parties to this Agreement in the Propeexecution thereof; and the acquisition or occupancy of property in DEVELOPER'S rty nnneccted to or to be connected to the said water and sewer systems of Occupants have �coclus� a aeceet�d theme fact that the said owners or become bound thereby. Agreement herein contained and have (C) All prior Developer Agreements or Agreements supply cf water and seer affecti pertaining to the Cancelled and declared of no force the property described in Exhibit "A" are hereby Utter of this rce and effect upon that property which is the subject Agreement. • r • � -.: -r.tr�. —ice WL ft *ballIhenever either nil. Witte returenn by written ~��iibres to races ntiee give notice "to umfned. at the place Sptec� as • addr�es aid eertifib Gnit� Other, srwin s Provisions of�ll ~� dace for ithe ar�Y for who it is frith the we following as the this ppragraph. Fob �' rrrttengof tiac shall Pectire ►laces the Present, notice the artias desfina for the giving of Notice• � THE CY7'Y .. to art t: gnaL AMARAC: 7ftr � st g8th•Arenue rids 2M, ` fOR THE DEVELOPER: 8631 W. CORP. mas 68" oad lac' fi110ri& 33321 return receipt Motice so addressed dOPpsited in theroUuest d, shall be wed seven Prepaid certified mail ues States wail. when it shall have been so with artiland all liabiliis Iwtually agreed that .• cannot be fulfilled :sfor damages if CYTY'S therulf Obligation shall he held axntal or a result of a harmlethisss and in such even try agency having Jurisdiction o order byany either this Agreeent shall be y subject other goveern_ Party visa null and subject matter cannot Perform its oblIgAtionsrtion of the DEVELOPER Sid and enforceable hereof; Pr'°Perfj� for which CITY Presents tp be ezecu�edEon HHEREOF, the parties hereto love the day and year first hereiMboveaMsid these Signed' sealed and delivered in the presence of: ATTEST: nager T: ar THE CITY OF TAMARAC lLci Approved 412 to form ' C7 MIRTGUEE (If applicable) :STATE OF F1Mja COUNTY OF BRMMD ' Before aye personally appeared aye we own a •xetuted the fore oin it tmmmt and acknOOwledged toer nd before me that WITNESS ay land and official seals thisa—%day Crf A.O. Iwo. otary c State of Florida at Large by commission expires: J�Olmy Mir r .aF Ir, ogrq� AONDFD ISSIOIy gglAS APR 21 19g4 STATE OF FLORIDA RU CFNFRAI INS UNnc>WRIrFZS MUNTY OF BROWARD i SS: Before aye personally appeared cc rD executed the fp egoingninstrumme nd acknowledn s escr � n an o Acknowledged to and before me that *xe tedjanstrument or t purposes ere n expresse . WITNESS MW hand and official seal, ,this day Of A.D. 19�. tar y u c 4SUte of Florida at Large p' commission expires: No+ary Public, Stafe of Florida of Large Mlx Commission Expires June 7,'1981 e ' ,.I by Mincey Agency/ STATE OF FLORIDA I ' COl1NTY OF BROWARD SS: Before ale personally appeared , •e Me 1111 an norm � executed the foregoing instrument, and acknowjb s escr n an o 9ed to and before all that execut sa �astr�er�t or purposes re n expresso . WITNESS Mw hand and official seal, thisday of A.D. 19 MY commission expires: Notary public State of. Florida at Large i EXHIBIT A C. TRACT 68, MOODMONT A portion of Tractd 13 and 20 of FORT LAUDERDALE TRUCK ?ARMS SUB- DIVISION OF SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST, as recorded in Plat Book 41'Page 31, of the Public Records Of Broward County, Florida, together with a portion of Tracts 26-27 and 28, of Section 5, Township 49 South, Range 41 East of FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO. 2, as recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach County, Florida, being more particul. ly described as follows: Commencing at the Southwest corner Of said Section 4; thence N 00 1pt West line 05" W, along the of said Section 4, a distance of 433.09 feet; thence S 990 Ole 50" E, parallel with and 433.00 feet North of, as measured at right angles to the South line Of Section 4, a distance of 51.56 feet too the Point of Beginning of this description; thence continuing S 89 01, 50" S, along the last described line, a distance of 24881 feet; thence N the Point Oo 58# 10" E, a distance of 100.00 feet to of Curvature of a circular curve to the left; thence Narthex and Westerly along the arc feet, an arc distance of said curve, having a radius of 750.00 of 284.44 feet to the Point of Tangency; thence N 200 45' 38" we a distance Of 603.59 feet; thence n 30 39' 42" E, a distance of 555.83 feet to the Point of Curvature Of a circular curve the left; thence Northerly and Wsterly along the arc of said curve, ha a radius of 300.00 feet, an arc distance of 153.22 feet to the Point o Tangency; thence N 250 36' 06" W, a distance of 217.49 feet to an inte section with the arc of a ciruular surve to the left, whose radi of bears S 250 36' 06"E, form the last described point; thence West Southerly, along the arc of said surve having a radius of 1870.00 feet arc distance of 557.0 feet at the Point of Tangency; thence S 470 19' 55" W, a distance of 177.89 feet to the Point of Curvature of a circul. curve to the left thence Southerly and Easterly, along the arc curve, having a radius of 25.00 of said feet, an arc distance of 39.27 feet at the Point of Tangency thence S 420 40' 05" E, a distance of 65.00 f, to the Point of Curvature of a circular curve to the right; thence Easterly and Southerly along the arc of said curve, having a radius of 243.00 feet an arc distance of 1464.80'feet to the Point of a Reverse curve, thence Southerly and Easterly along the arc of said curve, to the left, having a radius of 25.00 feet, an are distance of 35.10 feet to the point of Beginning. Said lands situate, lying and being in Broward County, Florida. Containing 16.37 Acres, more or less. • • EXHIBIT A - CONTINUED TRACT 77, MOODMONT A portion of Tract 20, FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 4, Township 49 South, Range 41 East, as reCofded iplat Book n Page 31 of the Public Records of Broward County$ Florida, being more particularly described as follows, Commecning at the Southwest corner of said Section 4; thence N 0010'0" W, .along the West line of said Section 4 a distance of 433.09 feet; thence S 89001'50" E, a distance of 300.37 feet to the Point og Beginnin of this description; thence N 00058-10" E, a distance of 10:,.0 feet to the Point of Curvature of a circular curve to the left; thence Northerly and Westerly, along the arc of said curve, having a radius of 750.0 feet, an arc distance of 284.44 feet to the Point of Tangency; thence N 20045'38" W, a distance of 40.0 feet; thence N 55028'22" E, a distance of 330.0 feet; thence N 10020'41" E, a distance of 336.32 feet; thence N 77054054" E, a distance of 488.85 feet; thence S 4013'30" W, a distance of 825.41 feet; thence S 0 58010" W, a distance of175.0 feet) thence N 89001'50" W, a distance of 713.70 feet to the Point of Beginning. Said lands situate, lying and being in groward County, Florida. Containing 13.43 Acres. AEI►ELOPEWS ACREOW - (Nm of hvect) Wo"W TRAM 68/77 / of UNITS - bttdential 360 MMS - 5 ERC IS • 0 IBIT `C-. AMTEED R offs -1_" 1. LplemenLtion: "M receiving a 'Certificate of Occ a Unit. or six (6) Months from the date of issuance of a ildin emit nc for such o, for „ Mnit but no later than twenty four months from the date for all units. Whichever occurs first. DEVELOPER aof execution of this Agreemen .._ guaranteed Aevenues for such unit, based to pay the CITY monthly for upon the following: grees owing: (a) :Aymients for each unit covered by this Agresaent Shall be the service availability charge for .. Water and sewer service for each equivalent residential w s , connection in accordance with the rate schedule time to time. for the CITY as the same may be amended from I �. (b) fueranteed Revenue Peyments shall Commence on the first of the month fo lowing the receipt of the Certificate of Occupancy. or six (6) Months from the thanissuance Of A ttwenty four monthsifrronm tthit he date of later of the Agreement for all units. Whichever shall occur first. (c) As units are sold and the accounts are placed in the new owner's name. the DEVELOPER shell be relieved of the responsibility for the Guaranteed Revenue Payments for that unit, I + t. tment of Guaranteed Revenues. Guaranteed Revenue payments be e � Parties acknowledge that (income) on the CITY-S books, y t e EVEI ER shall be considered as revenue Payments be considered contributions rIn no id of-ofGuaranteed Revenue recognized, understood and agreed that such Guaranteed Revenues are in lieu of actual It Is further revenue from consumers for that interim period of time prior to the com- pletion and occupancy of dwellings_and buildings. 3. Failure to Pa Failure to fifteenth a mac Mont or within fifteen days Off the dueedateRevenues should be the con- sidered a delinquency by DEVELOPER. CITY shall send DEVELOPER a notice of delinquency by prepaid Certified Mail and failure of the DEVELOPER to Make the Guaranteed Revenue payment in full within seven (7) days of the date shown on the notice shall constitute a default by the DEVELOPER and any reserved plant capacity under this Agreement shall automnticall be and any Payments Made to reserve such plant capacity hallnded be applied against forfeited the outstanding invoices for Guaranteed Revenues and contribution charges paid shall be liquidated damages due the CITY. said Guarti n uirenent to Pa TMe raquireMient for the contirow nt be aroondition venues s a b! a covenant running with the la and shall �ceessors and Precedent trto further service and binding upon the DEVELOPER, its f flure to g subsequent Owners holding by or thr�ugh the DEVELOPER. afoult. � in a timmely Mnner as set forth in paragraph =above shall be e f • 6/2/80 ""' 5/)/82 AMENDMENT TO 3")- 2 6 2 3 3 2 DEVELOPER'S AGREEMENT THIS AMENDMENT to Developer's Agreement is made and entered into this Z7--*— day of <L-m , 1982 by and between THE CITY OF TAMARAC, a municipal corporation of th tate of Florida, (hereinafter referred to as "CITY") and TOLL DEVEL- OPMENT CORP. - 68/77, a Florida corporation, (hereinafter referred to as "DE- VELOPER"). WITNESSETH: WHEREAS, -CITY and DEVELOPER (as Contract Vendee) entered into that certain Water and Sewer Developer's Agreement on June 26, 1980 (the "AGREEMENT") covering certain real property located and being situated in Broward County, Florida, more particularly described'on Exhibit "A", annexed hereto and made a part hereof (the "TOTAL PROPERTY"); and WHEREAS, DEVELOPER owes to CITY certain sums payable in accordance with the AGREEMENT and based upon the current economic trend in the housing industry in South Florida, the parties desire to modify the terms of the AGREEMENT in order to provide for a methodology by which DEVELOPER can pay to CITY said past due sums and in addition thereto be able to proceed under the AGREEMENT. WHEREAS, CITY and DEVELOPER, as present fee owner of the TRACT8,PROPERTY, as hereinatter defined have agreed to divide the TOTAL PROPERTY into separate parcels with this Amendment relating solely to the lands described in Exhibit B, annexed hereto and made a part hereof (hereinafter referred to as the "TRACT 68 PROPERTY"). Another amendment to the Developer's Agreement will be made and entered into by and between CITY, DEVELOPER and Montwood, Inc., a Florida corporation and the same shall relate solely to the lands described in Exhibit C. annexed hereto and made a part hereof (which lands are owned by Montwood, Inc. and described in said amendment as the "Tract 77 Property"). NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings of the parties hereto and other good and valuable considerations, the parties agree to amend the AGREEMENT as follows.. The premises set forth are hereby incorporated by reference. 2. This Amendment to the AGREEMENT relates solely to the TRACT 68 PROPERTY, which shall consist of One Hundred Forty-four (144) residential units and will represent a total of 146.5 ERC connections (2.5 connections to be utilized for a recreational center). The TRACT 68 PROPERTY and the residential buildings to be contained thereon are depicted on the sketch which is annexed hereto and made a part hereof as Exhibit D. 3. The parties acknowledge that as of May 26, 1982 DEVELOPER owes to CITY the sum of Twenty -Two Thousand, Two Hundred & Twelve and 52/100 ($22,212.52) DOLLARS, which sum is composed of accrued "Interest Charges" as the same is defined in paragraph I (K)(1) of the AGREEMENT (the "INTEREST INDEBTEDNESS"). The foregoing sum is substantiated by virtue of that certain statement provided by CITY to DEVELOPER, a copy of which is annexed hereto and made a part hereof as exhibit "E". 4. Prior to the execution hereof, DEVELOPER has submitted to the Building Department of CITY, for review, plans pertaining to the construction of Building No. 6, contained in the TRACT 68 PROPERTY. At the time of the issuance of the building permit for said Building No. 6, DEVELOPER shall pay to CITY the fol- lowing sums of money: (a) $7,139.88, calculated in accordance with the formula described in paragraph 6 below, which sums will be applied to reduce the interest indebtedness, which sums will be applied to reduce the INTEREST INDEBTEDNESS. Said calculation was derived, basically, as follows: ,aA.4 LwA, rr's $22,212.52 ; 84 _ $ 26-4.44 264.44 x 1 4,759.92 4,759.92 x 150%= 7.139.88 CITY OF 7"";t.ARAC 5811 N. 1y. FE-ln F,N-'•'JE ,TAMARAC, FLC'!:) City Cler!c3 oa;;t. J M0 m -n n �t C7 fV OD c� Ul CT: C7 Cc (b) The sum of $6,444.00 for the payment of Eighteen (18) ERC connections required for Building 6 (i.e. at Three Hundred & Fifty -Eight ($358.00) Dollars per connection). . (c) $537.00, representing the purchase of 1.5 ERC connections pertinent to the recreational center for the TRACT 68 PROPERTY (one (1) ERC connection had been previously purchased by DEVELOPER for said recreational center). (d) All appropriate permit issuance fees. 5. Paragraph I(K)(4) is hereby amended to read, in full, as follows: "(4) DEVELOPER agrees, anything to the contrary herein contained notwithstanding, to pay to CITY the contribution charges for all Units described in paragraph (K) Lpove, not later than two (2) years from the date of the execution of this Amendment to the AGREEMENT. The obligation to pay,the contribution charge established by this contract is a contractual obligation of DEVELOPER, and DEVELOPER ack- nowledges the propriety of this charge. The requirement for the payment of ERC connections' shall be a covenant running with the land and shall be a condition precedent to further service and binding upon DEVELOPER, its successors and assigns, or subsequent owners holding by or through DEVELOPER." 6. At the time of the issuance of each subsequent building permit, the INTEREST INDEBTEDNESS will be reduced in accordance with the following formula: ?k The then -outstanding balance of the INTEREST INDEBTEDNESS will be divided by the number of ERC connections not previously purchased; the resulting product will be multiplied by the number of units in the building to be constructed; that figure will be multiplied by one hundred & fifty (150%) percent, and the result will constitute the amount of money to be paid by DEVELOPER to CITY in order to accelerate the reduction of the INTEREST INDEBTEDNESS. . To exemplify the above, in the event as of July 1, 1982 the sum of Seventeen Thousand, Four Hundred ($17,400.00) Dollars of Interest Indebtedness remained due and payable, and presuming Sixty-six (66) ERC connections had not yet been purchased under the AGREEMENT, (relating to the TRACT 68 PROPERTY) and further presuming that a building permit for the construction of an 18-Unit building was requested by DEVELOPER, the total sums to be paid to CITY at the issuance of said permit will be calculated as follows: $17,400.00 ; 66 = $263.64 $263.64 x 18 = $4,745.52 $4,745.52 x 150% - $7,118.28 Thus, upon the issuance of the building permit for said building, DEVELOPER will pay to CITY, together with the standard permit issuance fees, the sum of Thirteen Thousand, Five Hundred & Sixty -Two and 28/100) ($13,562.28) Dollars of which Seven Thousand, One Hundred and Eighteen and 281100) ($7,118.28) Dollars will be applied to reduce the outstanding INTEREST INDEBTEDNESS, with the balance relating to the purchase of C Eighteen (18) ERC connections for said building. 7. Guaranteed Revenues, relating to the TRACT 68 PROPERTY, as the same is Oc described in the AGREEMENT, will be paid by DEVELOPER to CITY when due, in accordance with the AGREEMENT. c� 8. No building permit shall be issued by the City on the final building U located in the TRACT 68 PROPERTY without payment in full by the DEVELOPER of all Q ERC connections pertaining to the TRACT 68 PROPERTY, all accrued INTEREST INDEBTEDNESS on said ERC connections, and payment in full (to date) of all guaranteed revenues relating to the TRACT 68 PROPERTY. (a) All sums provided to be paid under paragraph 4 above shall be paid no later than July 1, 1982 or this agreement shall be in defaplt and may be cancelled by the City of Tamarac. - 2 - 9. Each, all and every of the terms and provisions of the AGREEMENT, except those which are modified herein, are hereby incorporated by reference herein and are reconfirmed and readopted by the parties hereto. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed on the day and year first above written. Signed, sealed and delivered in the presence of: THE CITY OF TAMARAC ATTEST: C'ty M By: J//'Ce Mayor ATTEST: =4�"City I nager to as form BY: fit___ Lkfry AcrorE177 (LL TOLL DEVELO� 6$ y: EU M. L resident Date: 1 tnesses q y,Lr STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) • I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the S at�and C vaforesaid take acknowledgments, personally appeared a Mayor of the CITY OF TAMARAC, municipal cor- poratione known to a the person who executed the foregoing instrument, and he acknowledged before me that he executed the same on behalf of said municipal corporation. WITNESS my hand and official seal in the State and County last aforesaid, this fg•_ ay of 1982. w No ary Public, State of FTo—rida My commission expires: NQTAkY EUELIO STATE OF FLOAIDA AT LARD: p I" QQhJA15510N Ex217:S Ae21 1924 k0': L)ED TI.-W GENERAL 1145 Uf7�zr.'LP.fT=%S STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in he State and County aforesaid to take acknowledgments, personally appeared as City Manager of the CITY OF TAMARAC, a municipal torpor tTon, to me known to be the person who executed the foregoing instrument, 'and he acknowledged before me that he executed the same on behalf of said municipal corporation. WITNESS my hand and official seal in the State and County last aforesaid, this 11�ay of 1982. Notary Public, State of Florida My GOmm15S10n expires y;;1.hY RUEL10 STATE OF 40,'9v, AT Sw:'L S�i0;1 E:.El L� _ , u1:iU GENERAL I IJS, U: w:;.. �., .. �.5 - . • - I • - 3 - STATE OF FLORIDA ) ) SS: COUNTY OF BkOWARD ) • I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State County aforesaid to take DEVELOPMENT CORP. - 68�77, toomeally knownptoabedthe person who executed the foregoing instrument, and he acknowledged before me that he executed the same on behalf of said corporation. 'S AgdS'aymyof and o ficial s al in the State a my last afoK�saidthis 982 -L • (;• fry. = Notary u 1' a of F orida :` y My commission expires: rr,TARV P11MC STATE OF FLOVDA AT LAIC AA. (()Mml%sl()N Explus sEPT. 101982 - „I.I IMIJI (:ENIW In6 UN(1(RWtI TE15 C7 • Mo M TI n'*1 co -0 17 Ln 0) co MIM m EXIIIBIT A • TRACT 68, it00DHONT A portion of Tractd 13 DIVISION OF SECTION 44, and 20 of PORT LAUDURDALE recorded TOWNSHIP 49 SOUTH, TRUCy, PAA,HS SU8- in Plat nook RANGE 41 EAST, as County, Florida, togetherpwlth310 Of the Public Records Section 5, Township A Of of Of °f Broward COMPANY SUBDIVISION•NO.Soutp$ Ang,4 l East Of FLORIDA FRUIT LANDS the Public Records 2 recorded in Plnt Hook 1, Page 1L of ly described °f Palm Beach County, as follows; beln Florida, 9 more part! Commencing at the Southwest 05" W, along the West cornet line of said Section 4, thence IJ p° feet; thence S 890 0l, 5p„ of said Section 4, a distance as measured at right Parallel with and 433.00 °# 433.09 Of 51.56 feet to the Points t9 the south line of Sectionegt North c continuing S 890 of Leg, of this desct a dist, of 248, O1' S0" S, along the lest described ption; B1 feet; thence tistar the point ;J Oo 5p' 10" line, a dlatar of Curvature of a circular curve a distance of 100.00 and Westerly along the art of said curve to feet c feet, an arc the left; thence Noxc distance of 284;44 curve, having a radius of 7 !J 200 45' 38" {i, a distance feet to the 50.00 distance of 603.59 Point of Tangency; then of 555.83 feet to the feet; thence n O the left; thence Northerly Point Of Curvature Of 3 39' 42" £' a radius of 300, rly and Wcterly alon A circular cur Ten en 00 feet, an arc distance ofgl5�e22rc of said curve, g cY: thence ti 250 36' 06" w, a distance pf section with the are feet to the oin bears S 250 36, of a cirucl.ar setup to the 21ft49 feet t hose r 06"E, form the left w i' Southerly, along the last described s F arc distance arc °f said curve point; thence westerl} 55" of 557.0 feet having a radius Of 1870.00 �'J, a distance of 177. at the Point of Tangency; thence S 470 15 curve to the left thence89 feet to the Point of Curvature of s cite curve, having Southrfeetnd Easterly, of se cg A =adios pf 25.0o Y, along the arc Point of of thence S 0, an�arc distance to the Point O� 42 4q OS" E to 39.27 feet Easterly Curvature Of A circular a distance of 65.Or Y and Of along curve to the right; thence of 243.00 feet g the arc of caid Reverse an arc distance of 1464. curve, having a radius curve, thence So Of 80 feet to the curve, to the left, Y and Easterl point of a of 35.1D feet having a radius of 25e Point.00 along the are of said and being in Of county, Beginnin feet, an arc distance Y, Florida, g Said lands situate, lying Containing 16.37 Acres, more or less. U1 I-Q CD 0. S • I J EX1II13IT A - CONTINUED I -] TRACT 77, WOODMONT A portion o£ Tract 20 Section n fTrac' FORT LAUDERDALE TRUCK PARRS Pegs 31 of Township 49 South SUBDIVISION o. the Public Rnnge 41 East, as recolded in ,particularly described Records of Broward Caunt Plat A. follows y. Flarida,-being c. Commecning at the of14,0~ W' along theutWesttlinecorner of eaideid Section 4; thence N 33.09 feet; West 01 5O„ Section 4 the Point thence o e distance e distanceog B-91nnin of this i ° distance of 300.37 of 10,i•0 feet description; thence N OD° feet t, to the lefty then to the Point of Curvature 58'10^ E, curve thence NOrtherly and Westerly, of a circular c having a radius of 750.0 feet Y, alongthe to the Point of Tangency; thence 'oan arc distance ofc284.a4of ifc feet; thence 1, 650 '2Z" E, a de u, 20 45'ar 10°20'41" 28 W. a distance of E. a distance of 336. distance °f " 0.0 feet; 40.0 distance of 488. 5 feet 32 feet, thence N 77o thence N thence S 0�5p, „1 thence S 4 13'3p� 54'54^ E, a feet o 89°01'50'• 10 H', a distance W' a distance of 825.41 Said W' ° distance of 713_70 of175.0 feet; lands situate, 1 in feet to the thence N lying and beingPcint of Beginning. in Broward County, Florida. Containing 13.43 Acres. (_T'1 'jrs " r - 1.• .'(. .f•:%.' t: is ... I " N •l=p ji I L � .:EY• EY �:�. i:.a/:... ...�:i Y:77:.2L1:2:6EiZti i:iir:::: '• :: a: 'A tyPing O�ptol,f a glblllty Of writing. this d0CC,,,,whunsetisf*C ry In ,,,CrOfffmsd. x U C) C6 o�;;l' a. 9 W u I< �f Exhibit "Q" - Trcct 58 Property 1 0(1111 00scripl ion A:bj.�,oy4 �a 1 .i •.i7 - - IifyiTSe9 ;s=e le I,y �i§ [•,?�: :Fs.. '4" '.1' - -L Y �Y3�=f�3-�:`;vi i' (- C3' Y-•/\� :fit :! :f. - �7.�Y+ S3S. . _ `�;y; .r.:rg. 1 s ir:t a .; ae1�: .i. :•�?�i - '!?. Y :ip=:r: ;7 Y it ..:j i ri. t�"i• ;. - ?�•• �• �l�; w': ��T�E:uGe�t'Y��L _ er: ...zli .,.......... ...: ,.. i:.er.i... �... �....Ca�. aF.r' �xg-•.,iY"7 i MEMO: Legibility of writing, w tyPlnk or Printing unsetisfactoty In ! this doctament what leloreflfnted. ••-W� � b w x I.r, cli I 1 N in N m { C; q N N b m 10 i jj I Y a Wb G9 m q w W Y4 r r / C b O r cu Co t• rr N p� •t m ~ t m t;. r+• � � ''i Ij' Y U P Z to LU p t Of; V) b Q r Z O S O 0 1-- W ^ Q� J c Exhihit "C" - Tract 77 Property I rnnl Ilr•,r! i�.l Inn f: :..1 r' r=z ha-,: C - 7 �t Ls ..m- a� � :%:c. c.:..?t:a3r:..,..iic,.e•3d . iscei;s:ise%i:E# '.._. s 4' r .�o ".A. :i..ai�RnFsY MEMO: Leglbiilty of wrlttng, typinv or priming unsetls}ectary In this documsnt when slerottfnmed. IS Exhibit "D" - Tract 69 Property bane 1 • • E X H 1 6 1 T " E" STATEMENT OF IrdTERCST INDEBTEDNESS rwx a: rl � F U De .ej Pa r r1: a-aJ,1,31 w AmAb-T �4rnAG'L3 Z11- 4 Grtc. .36r s Eu's K t.,4c- A t c..+« 1 _ 14L+nG4 PIL 41/ IJATM I 2 I 1r �L 4ra.✓ J ,, n I •DO p I ' , OIwe•_ .titre l r• W .Se � 1ro I i I I I I , 7 • opt ' ' � I I I , ..�_ I1' 9• rr NW I I I I I I I i/ ! e II 7L*j �sr Oee 10 AI N I �ST.iv /dc qg' 12 n�C+ 6.�.IIrn I I! I I I I. /5.7.+'7sy `]/„f_y.tp -ti ', I --�•- r--- - , i 13 _� T �e�is+• r I ' IE.rt'!? 79 PSj 15 �. .F/ n�+c�sr �••ec lnw�IRd, i I i st1 y !Pad I /07d4 r7c I li L a 8 la 3oSi . e 17 �1AL N�G¢c. q�j e2$J eleee ;q�r7v e 18 19 4.s r,i� ��ro1/,SL3sfas I 2C 3 r qua 21 32 _ Z.7o.t_�yl 23 Left+ $ems 2a =.2i� 1 r,�f'LCL� _ �• j I I I I I ' y e I I ��7' v I. 26 27 28 acwi I I ► i I. y �/ i / 3� 7i IG Nw I I I I j l I 30 tH.1.�,It At P I I R 0 NIT E 0 FI IA RE 0 0 31 - -j r r• ' /„ .. AIM 37 t-.LM p� F i C'U i. 0 1 I5T Alum I I ! 33 I j� I I iJ 7 9. I /867 L�JV11! I I 3440 3.5 • a- t d arnc. o i I 39 A� X� to PP 36 3.y l4 t r L •w 3wr �7A �+Pa I I. I 37 u I I I I •' dj:�.a.�cff�+Jn I i I I I I 38 -� , Tpp is , /_94 39 +o REC 10428PG 576