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.
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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
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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
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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 •
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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.
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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.
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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.
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(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
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(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
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co
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17
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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.
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I J EX1II13IT A - CONTINUED
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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.
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Exhibit "D" - Tract 69 Property
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