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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-293Temp. Reso. #9103 Revision 1 — September 19, 2000 August 4, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- A7 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN ASSIGNMENT OF THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH FIRST UNION NATIONAL BANK FOR THE ATLANTIC NATIONAL BANK OF FLORIDA (ALAZHAR SCHOOL) PROJECT TO ALAZHAR SCHOOL; APPROVING AN ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY ALAZHAR SCHOOL; APPROVING AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN FIRST UNION NATIONAL BANK AND ALAZHAR SCHOOL FOR THE ATLANTIC NATIONAL BANK OF FLORIDA (ALAZHAR SCHOOL) PROJECT LOCATED AT 7201 WEST MCNAB ROAD AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID ACKNOWLEDGEMENT; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENTS IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Atlantic National Bank of Florida executed a Water and Sewer Developer's Agreement with the City of Tamarac on September 23, 1983; and WHEREAS, First Union National Bank, owner of the Atlantic National Bank of Florida (Alazhar School) Project located at 7201 West McNab Road (a copy of which is attached hereto in map form as "Exhibit 1 ") transferred ownership to Alazhar School; and Temp. Reso. #9103 Revision 1 — September 19, 2000 August 4, 2000 2 WHEREAS, First Union National Bank has requested an assignment of the Water and Sewer Developer's Agreement to Alazhar School; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Atlantic National Bank of Florida (Alazhar School) Project, the City of Tamarac shall approve all assignments of the Water and Sewer Developer's Agreement; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement, the City shall be a party to said assignment; and WHEREAS, it is the recommendation of the Director of Utilities that the Assignment and the Acceptance and Acknowledgement of Agreement and Consent to Assignment be approved; and that the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between First Union National Bank and Alazhar School be approved and executed; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to: 1) Approve the Assignment; 2) Approve the Acceptance Temp. Reso. #9103 Revision 1 — September 19, 2000 August 4, 2000 3 and Acknowledgement of Agreement and Consent to Assignment; and 3) Approve and execute the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between First Union National Bank and Alazhar School for the Atlantic National Bank of Florida (Alazhar School) Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The City of Tamarac hereby approves and accepts the Assignment of the Water and Sewer Developer's Agreement executed by First Union National Bank, (a copy of which is attached hereto as "Exhibit 2") for the Atlantic National Bank of Florida (Alazhar School) Project located 7201 West McNab Road. SECTION 3: The City of Tamarac hereby approves the Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by Alazhar School (a copy of which is attached hereto as "Exhibit 3") 11 1 1 Temp. Reso. #9103 Revision 1 - September 19, 2000 August 4, 2000 4 SECTION 4: The City of Tamarac hereby approves the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement for the Atlantic National Bank of Florida (Alazhar School) Project (a copy of which is attached hereto as "Exhibit 4"), and authorizes the appropriate City Officials to execute said Acknowledgement of Agreement and Consent to Assignment. SECTION 5: The City Clerk is hereby authorized and directed to record said document in the public records of Broward County. SECTION 6: All resolutions of parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clauses, 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 1 IJ CCrTInK1 Q- passage and adoption. 20 00 Temp. Reso. #9103 Revision 1 - September 19, 2000 August 4, 2000 5 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of , ATTEST: V✓ MARLON SWENSON, CMC .`6_ 4TY CLERK form. 1 RG/krs/mg RTIFY that I have RESOLUTION as ITCHELL S. KRAE CITY ATTORNEY 7 CL�� JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER ., DIST 1: COMM. PORTNEA � DIST Z: COMM. MISHKIN.' DIST J: COWL SULTANOP« DIST 4:1AM R08M .M.. "Exhibit 2" TAMARAC UTILITIES ASSIGNMENT FOR: Alazhar School Name of Development NOW ALL. MEN BY THESE P„-RESENTS THAT F'rst tJni having an address ofi 3Z�oz party of the first part, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable considerations, received from or on behalf of Alazhar School having an address of P.O. Box 94 Deerfield Beach Florida 33443 Party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the party of the second part, the following: All right, title 'and interest in and to 5 Water and 2.5 Sewer ERC units also known as Utility Connections as referred to in that certain Agreement dated Sel2tember 281983 by and betweenAtlantic N al Bank of Florida as' Developer, and the CITY OF TAMARAC, a municipal corporation of the State of Florida, as City, which Agreement has been assigned to Seller. A copy of said Agreement dated Se tember 28 1983 is incorporated by reference. TO HAVE AND TO HOLD the same unto the said party of the second part, its legal representatives, successors and assigns. 9641014 1 Assignmt.wpd Ed Wd£T:TO 080E T£ 'IDO 90908Tb bS6 : 'ON BNOHd HId 0-1-13WBC S AI�JQNBH : WONJ IN WITNESS WHEREOF, the undersigned has hereuntoset its hand'and seal, this s day of 4GTd Lo0i In the presence of: First Union National Bank (CORPORATE SEAL) STATE OF FLORIDA SS COUNTY OF' I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in. the Counter aforesaid to take acknowledgments, personally appeared o ( to me known to be the erson(s) described in aM who xecuied the foregoing instrument and _acknowledged before me that executed the same. WITNESS my hand and official seal thieL3P�- _ day of OQ-4b bcle- �J Mama L Radtora NOTAR PUBLIC, Sdt f e*Mrtuniss ycoon=94991 Florida at Large N.V Expires January 8, 2003 (Name of Notary public: Print, Stamp, or Type as Commissioned) ( Personally known to me, or ( ) Produced Identification ( ).DID take an oath, or ( 1/ j DID NOT take an oath. 9641014 2 Assignmtwpd Ed WdRT:T0 000Z TE 'iX 90908TV VG6 : 'ON 9NOHd dId O-n8W8Q S AIdGNBH : WMId First Union National Bank -� 6�® FL0495 Corporate Real Estate PO Box 44247 Jacksonville, FL 32231-4247 October 31, 2000 City of Tamarac Utilities Department RE: Disposition of 7201 McNab Road Dear To whom it may concern: This letter is to verify that Jon H. Shaughnessy is authorized as an officer of the bank to sign all legal and binding documents on behalf of First Union National Bank. Jon H. Shaughnessy is the banks Corporate Real Estate representative for Broward County and has the authority to execute on the banks behalf. Should you have any further questions, don't hesitate to call me at 904-361-3076. Sincerely, Robert Sossaman Vice President Corporate Real Estate First Union National Bank !'--1 7 —1995 0 : 46AP 1 FROVI ". 2 v§J,ti/uu WHu to±41 FAA VU4 :96 2270 HUGHES & LkNE Tthnxm Prcpircd V ! Ra qrd and Rdan to: Edwad W. LIM% lti 1ILMMS & L,ANT, P. A. 4190 Drtfod Raj Sulu 351 I-i3mviUc. FWLL ?2216 U9 AL WAEAMTY DEED THIS INDENTURE mac'.c this day of May, 2000, between FIRST UNION :M1'ATTONA,,L B. NY., a national baatldng association (,Grantor'), whose address is 225 `, ater Street, 4th Floor, 7lcksoatii Ile, Florida, 37202, and ALAZHA,R SCHOOL, wic., a Florida corporation ("Grantee"), whose address is F. O. Box 94. Decrlield Beach, Florida 33443. WITNESSETH: That Grantor, for and in consideration of flee sum of Ica and Noll 00 Dollars ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whel-cof is hereby acknowied$cd, has granted, bargai-rzed and sold to the Grantee, its su�cessars and assi s forever, the following described land, situate, lying and berg in the county of Bmward, state of Florida, to wit: Sco Exhibit "A" attached hereto. SUBJECT TO (i) taxes and assessmhIts for the year 2000 and subsequent years, (ii) covenants, restrictions grad casements of record, and (ril) the r6strictive covenant imposed herein. Parcel Idcutif',catiou NQzi, .19103.02-00400 and 19103.02.00300 By the acc4°ptaince of this Spm' ial Warranty Dead, the Grantee iigrees, for itself and its successors and assigns, that the property conveyed hereby shall not be used as a 1995 w : 47AM F ROH 0uu "CM 1u.41 r+►ti au4 evo '12it) HL!6HES & LAM P. 3 10009 Commercial bank, savings and loan association, credit union, brokerage house, itrvest¢ient firm or as any financial institution which accepts deposits, offers trust services, sells stocks, bonsts or mutual funds, cashes checks, or gives invcstmen advice, nor shall any autonwted teller rnacltinc be operated thereon, for a period of five (5) years following the recording of this instrument. TOCETHER WITH all the tencmants, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever and the Grantor hereby covenants with said Grantee that the Grantor is lawfidly seized of said land in fee simple; that the Grantor has good right and lawfull authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claimed by, through or udder Grantor. IN WITNESS' WHEREOF, Grantor has caused this instrument to be executed in its name by its Vice President and caused its corporate seal to be hereto Mixed the day and year first above written. Signed, scaled and delivered in the presence of FIRST UNION NAITONAL B&NK 1!av2a!> K.-% Name (01c1.3e Wige) •••••� �14t11CL�F uw1L� Ncmc (ykue F&O STATE OF FLORIDA COUNTY OF DUVAL By. Name. Mean PM0 Its: Vtee z*xo-'� The foregoing instrument was acknowledged before me t1>is3) �tday of y 2000 by L. F-,, 45 -- - , as y FRCS _ of First Union iYatio�al Rank, a national balljciug association, on behalf of the association. He/she i5 persona]IX known to Notary'Public, State of Florida ahAt "Or S M'P AMID Of a%*. tq Mission nwiiicr and d~e commi-pun m4m) 400,N hwa b L RaMd *k*My CM*AiM CCM991 iQy Eqw Mumv 8. 2= C:1My{51g1►Uh�T>ntvaeK)aliuti Duw a %• Maw S<4eerAw .*c Mq 2f. = -2- 199S 0:48AH FROH P. 4 VJutu EXIMIT "A" (Leg"I Nscrlptlan) Lots 3 and 4, Buck "V" Of-1heNab CarrnrQ131 Subdivision t4o. V accarding to the Plat thereof as recardad in Plat Back 71. Pap 13 of the public riscotds of Broward County, Fldr de, less the south 2.66 feet thereof for road fight -bhp tay. i "Exhibit 3" TAMARAC UTILITIES ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: S OLN01 t-- Name of Development having an address of n o 8." X 0)4, :�crr F G 334 $Irty of the second part, agrees to accept assignment of Utility Connections. ATTEST: CORPORATION By: _ -'r By. Type Name__.,.., �jL ��_.VJ Type Name Corporate Secretary '� President (Corporate Seal) STATE OF FLORIDA SS COUNTY OF J-3Ae & 'Xz�,: I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared . to me known to be the person(s) described in and who executed the fore6oing instrument and acknowledged before me and under oath that ZZe- executed the same. WITNESS my hand and official seal this --Z_ day of •r '�9, 7a�aaa ` r,vHY PoBn liilcep C. W4,choll y I(C'C tMo cif Florida�C0lXuni ;iqnNuCC 602195ory Commissionlxp. 12/27/2000y 9oadMThrough Fla. Nomr,,Servicrs &Bonding Co. C{CCCCCCCCCC<Ch::';r;'r,-r_. s, .... {s'CCCCCCCCCCCC�f NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) (x) Personally known to me, or ( ) Produced Identification Type of I.D. Produced 06 DID take and oath, or ( ) DID NOT take an oath. Acceptance and Acknowledgment of Agreement and Consent to Assignment "Exhibit 4" TAMARAC UTILITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: Alazhar School Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of September 28, 1983 -, it entered into a Water and Sewer Developer's Agreement concerning Atlantic National Bank of Florida -Tamarac _,"Developer's Agreement", with Atlantic National Bank of Florida as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by First Union to Alazhar School by Assignment dated The City hereby consents to and approves the Assignment of the Developer's Agreement from First Union to Alazhar School 980605 Acknowledgement of Agreement And Consent to Assignment ATTEST: By: Marion Swenson, dMC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC By: Z4:L�� Joe Ufireiber Mayor Date: 11 / 7 1L000 effrey ill v City Ma Zer Date: / / / i -1 /,10 O 0 I By: 4 Mitchell : SS (_,Qty Attorney COUNTY OF &OWAieb : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared E `'-LF' C-Mlyg to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 1 7P& day of em b'e'r 20LfA_. (�) Personally known to me, or ( ) Produced identification NOTA PUBLIC Sta a at L ge oI:FICIAI..NOT Noz EA TUNE A WHPrE NOTARY pUBUC SI'ATF of V..ORIDA COMMISSION NO. C:C775720 My COMMISSION EXP. SEPT 1520M (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( WD NOT take an oath 4*146I.7 2 Acknowledgement of Agreement And Consent to Assignment iiA 7 ER AND SrwER DEVELOPER'S ACREDCDIT r • pot: Atlantic National Bank of Florida - Tamarac ' (Name of Develokj*at) CENTP..AL VXATIOT: Northside of Mc Nab Road, appr6x 500 ft west of North West 70th Avenue td - I0 CAL) Tri1S A:. LT.2:K. effective this # doe of • 298 �L safe ar►d tnterrd Into by and 'between: ;he CITY Of �IXA.9AC, a msnfeipal corporation of the State of plorida, herefnafter called %ITY" and Atlantic National Bank of Florida tsere.'r.sfter cal'.ed `DEVELOPER". and Atlantic National Bank of Florida tirrerar:er called 'Cri+�ER". ITNES SETA: 'r:Er,-'-AS, CITY is the ow-ner and ope-ator of a water tres..t►ent an sr_; :e tDiet`er v;th water d:str:h,t'on anal e_..rge facil::fes ku -rn as -:A.X-4XAC UTILITIES W-rS': WATER A'D Sr-WER SYSTEF."; and �`-V1.45, Dr':sLPi7rR D.P-s or t:niT0'_s certain Ieal p7ZPtrtV In 1:D'-'c"� C7-�*,'1, Fii•ri'a, as sti ff and described In Exhibit `A" attati,ed Z.ereto mn. �-a'C a -srt of hereof; and all referee:es Bade in this Ag-ee--rrst to S all rtr*r srecifically to DEVELGPER'S PROPERTY described in Ex435it 'A•• atta:`e'.; and t--•c:ELGFER and D&N-ER desire to procure crater service or seveie aervIce or both from the CITY for the PROPERTY; and i:= k--AS, the parties desire to enter Into an agreement setting forth the futual understandings and undertakings regarding the furnishing of said Later and seoper servites for the PROPERTY; and VFEPEkS, this Agreement and all stipulat+ons and covenants taeie herein are ocknovledged to be aubiect to the approval of every County, Regional, State and Tederal regulatory agency having jurisdiction of the oubiect matter of this Agreement. WWEXLAS, CITY has received proof of payment by DnZLOPER of any portion of eontribut ton-in-aId-of -tons truct ton charges wed to third parties, and which Is attached as Lshibit `!-; WHEREAS, the City Council has approved this Agreement and has authorized the proper city offielals to execute this Agreement by motion passed at a regular City Council aeeting onsfi—,gingeg -4b , 1983. Now, 'iit AIPDRE, In consideration of the •utual covenants and undertakings Of CITY and DEVELOPER and other good and valuable considerations, these parties coven nt and agree with each other as follows: A. The term Agreement wNe- !.=_s • simple? X Yt5 de s c r i beCas PART I. DEFINITIONS rEvrLCPEit aT.all refer to the Contracting Party to this ,%c o.-,crr`fp fr.terrst to the PROPERTY. To tTat interest fee or 100. If no, then the nature of the ioterest is best If DEVELOPER is�aat�the owner, then the ovr,er joins is this Agreement and agrees to be tw.'ntly end severally liable for the responsibilities of the r DEVELDPU enter-ate•d in this .4arerwent. i. The te:w RESIDENTIAL G1DxnaCTIOW, referred to in this Agreement as LAC, to the ass =ed average daily flow of Is detached sfttg:e-family resfetntial unit. C. The terns 1n FLk:i, refers to the real property descrlbed in Ext,ibit `A' lttat!,rd to aRe incorporated into tMs Averment. e D. The tort; KEVEV.7 refers to a fee paid by DnELMER to defray the cost to C171 of s&sl. +tair.ing reserve water an! sewer . Systems. The C AS:t.:&ED is &;ual• to the applSca'.:e aant'`,ly se_v:ce ava!labillty'. C},at"Se for water a-,! le:er service. • FAY7 II. DraLonrs 01,11GAIMS A. irl R SPECIFICA6770IN 1. Dr'►r.C�_P., at F.'_F e31.r-.ce one at W ex-eetFe to the CITY, stall des!gr., car.:ru-t and install all r,e:ecsa7.y Water distrib-.itlon and stage cc..r.tl-r. :!-.ts,' er, ttr.-g`, -r, acts% and pas: the Pk]F'sRTy In a cc:.rda,re v'.tb Flars, a;crifi:s:ic-a and eni!-,rc-iag rat& as so'aaitted b1 a F1or!ea rcE!t:e-ee e-_j!-•eer to }•e fp;.Tovee i-)' the #rPT-+;•r!&te g-'Vt7—n s-:a1 reg::a:_ry aLe.._'eF b-.e t•r t`,e City r «'r.:rr, or h!s avth:-ftel reiresrn:b:!:f; brie said water distrfb-.; ti and I_Wikie collection lines sU.a�i ;,s-Et!'.'-ram i'e C:...eC'eL� to �i:'''S rx�161'fr, Wa:r.r ��F:r.��:iD" bra sewFgr ca';e,tIc-n !!nes, all of W�lcl: v.-rk s`.a:l be raid for ty the 2. A:I s'.all be ins: a::ee at expense and s*,a11 lr,.l�3e, v,��,_•ut lft'tat:or,, all g-avfty flan vA'Ans, farce ae!ns, j•u_:+ s'a:ia-jf and lift F`.a:fcns re;,a!rr.e for t`,e furr--is'.ing of serv`.ce to the Fic�iiR7Y At t'-e t!-xe of s;,trlss!on of t`,e plans,, arrclfirat!e;.s and englr.eerinj ea:a ty to the City Engineer, IF TIHIS A"F77'1':r'�7 1S FOR .-N (1:1) GR K;T _n:'S, D-�'E:OPEP, steal] pay to CI;1• a P:an Review Fee of t5DO.00 fro to ; ■•d one t1" only). Said Fran Rev!ew Fee is to C=pinsh'e C3 Y for CITY'S ex;.e-:se in having said plans, apeciflcat!Z'nq an' erg..eer'-ng data reffe e! tti C.~:5uitf; , enSfneers. 1!. I,'Sr_� ^•: k,�, Sir►£Ry1S10K E`.' Drt-rLr�pER'S E4;'.��rR DEVELGPCP stall, at his er-eease, and at -to e:;.ense to the CITY, retain the services of a registered professfar.al er$ineer for the parposes of provleing necet&ary inspection and saI.erv!slan of the constriction w:,rk to Insure tFat construction Is at all tfjws In complfan:e with accepted sanitary snginrering practices and in coepli&nce with the approved plans and srpeciflest lons. DEVELOPER shall notify City in writing of such appointment. A copy of each f!e2d rcpart W-all be suSmitted to the City Lngfneer. Should there be ca.:se or reaeor for the DMLOPE'R to engage the services of registered ang!neer (other than the design engineer). for inspections, tr,en MELOPE,R shall Dotlfy the CITY within five (5) days of such ergageftent. C. PR.ECONS`K)MIDN MIETINC DEVELOPER and his Contractor shall arrange for and hold a preconstruction 'W"t3ha with the City Engineer or his authorized re pre sentstsve. Notification of said v*eting shall be lade in writing and *eceived by all parties seventy-two hours in advance of said seetinR. The meeting shall be held at least twenty-four (24) hours prior to start of each phase of construction. D. WRITTEN APFROVAL OF CITY ENGI%�ZER Tte work to be performed by DEVELOPER, as provided in this Agree-ent a}811 r:ot corzence until all pta-►a and speciffcations eoverfng the work to be performed are approved to writing by the City Engineer or bia authorized representative. E. ENGINEERS PRESENT A? TESTS flaring eonstructioa and at the time v�,en periodic inspections are required, the City Lr4fneer or his authorised representative.aay be present and Dr,-:PLOPER's engineer shall be present to observe and witness tests for -determination of confo;"nce to &;•proved puns and specifications. Ye CO.". LIA_yCt VITR AFPl.lCA_Al.i tA:rS a The work to be performed by DEVELOPER, pursuant to the provisions set tortheherefn, shall be !n accordance with all requfre•scnts of the regulators agencies v"ch have jurisdlctton over the Subject watter of this Agreement as Well ■s all applica!,Ie federal and State S:atu!es, Crusty and CITY ordinances. Tt.t regLire=eAs of ttis parag-apk sl,sll <<:ern, regardless o! . any errors or Wasions in the approved pans or specifications. . C. A_e-trl`17 DP.AWM:S LE�'ELOPER shall, at t:is awn e�rre-se One at az exectse to the CITY, furt'sh to the CITY one cxr'_ete set of re;.ro_"u.ik+'.e As -built drawings prersred by a f:orida reg'ste-td er:gireer v!.o dfs:teed the water distributior and ar-wer spsteas or by &n, ot`er en{;r:eer re•.a:r,ed by the DEVELOPER. 7r."s As drawings .9j5a1ttea to the CITY 6L:a'.1 be or. trf-s,arent trite-ia'_ ap -c.ea by the Ctty E--4'r.eer. As-ba!]t drrnr:r4s s`a'1 be certified and sea_ed by the Dr ELCPER's engineer and stsll s!:or: all per: itent info:mca t ion as to all nefts, ser-fees and apFurtenanrer `.e'c !:g tc, a-,± a!fe:t,-:g t`.e wa:Er distribution awd sewage co.;ectior, sys:ess a-,d aerrice 1::.-r ss r:•r.str��cted ir. the fie;d. As -bath d'-t'= ngs spa:1 e•=:e± 'b• a P::.w3'a rrg's:e-r' surveyor as to the actual Iocatian of al i s r`,s:e fps' a: rs o.` throe s� ste-s ane eatments and rights-o!-vay v!:;ch are 7•:rt of ar •e'ace-t to the FKFi:A R. CO►�`F<:b�.IOS FA.��`S FnJ� a_ '�=.P. The contribution cl-eates (Sot!. :-t'er a-.d r,-,:=r) sLe_1 be accoref-4 to rates set by AEsolut'on of the City Cou:,:il. ')a contribution c%#7yes s`.a'.l !,•e co_n,:ed Lase{ upon the T►':`: ='�'s representation on the aF;:;,ved fi..al sate p;anfor the tp:�r';kn. A cc,:!• of said p:an s':all be reduced to 1-112" X 14` and stts.!,ed to this Ag-et:�en: a� Exhibit 'C Exhibit `D" is attact.ed to t!sis Agreeent anc' s!,e11 inafcate the number of build,Angs to be built, nutter of residential, n_.r.-residential and accessory units and ERC's per building and the n.mser of a.'-s and meter sizes. Pay -tent of the contribution charges is a cond!tfon p-r:eeent to the execution of this Agreement. The contribution charges aP;;fca!+:e for th!s Agreement are su=arized as follovs: CON?'RIBt�TION (YA7'ER) Residential... # Units X TRC's Per Unit E : Per ERC ills -Residential... #~ �FRC'a ! �555 ;OOPe7 iRC Total ERC's (WATER) ODNn. 1BUTION (SEWER) Residential... # Units x I LAC's per Unit # = Per ERC lion-ltestdontial... f=5 EAC•s ! 9�OPer ERC Total ERC's " (SEWER) The DEVELOPER has paid to the CITY the sue of Five Thousand Two -Hundred and Twelve Dollars and Fifty Ce or contribution c - f 212.50 rges. J. THE CDh?RIBUTION CIU GES ARE DUE A7 THE 7IYE THIS AGRrMN—T IS APPR^t'ED BY CITY COUNCIL. 1. GUARAti T £ED REVE1•'1'E5 1. DEVELOPER small pay to the City, GUAWTEED R11'E.ti:ES when due, at the retes_in effect when due, ae awe:,ZvZ :you tize to time. GUAPk4TEED FE1'E5-:E'is equal to the ain:a•uz sErviCe avallabillty Charge for water and sever service. GCA%ti.'�:EED RTVF.K.'ES are due and payable monthly. 2. The Fayzent of CI'Ak"TEED AEA"MES roquired by this Agreement shall corrcnence six (6) xonths after the effective date of this Agreement. Eas a Plat for the property 2.een recorded with EroMard County' X YES ' ' ' ]10. If NO, then GU'A-kN7EED RE' TNUES cort.--ence one (1) year after the effective date of this AgTee- zent. GUAM IEED REVEN'FS shall be due for all UNITS/ERC'S assigned to the PROPERTY unless otter-Ase specified by tble Agreement. S. Bl]ARAxttrb" Eve?W; `Ir-f fffsteat shall" so ]outer accrue for a unit Vt,-eri setered water and sewer service Is tstablla'hod at a particular building and the required customer deposits are paid to the CITT. Rowever, if accc,Wnts are oven in the DEVELOPER's name and closed without a tsev account ba.:� cstablis?,rd, the MkkA-MED KnT L-ES shall resuse. 6. The part!es actinav:edge the G:'A7AMED RrVM7E payments side by tt-e rriLGPER shall be cons! 06tred as revenue (income). J. %I.1:%FICA'l0!, TV CITY'S WA'•f.R OR SIN-Erf FACILITIES %AT 1L NECESSATT In addition to all ot`►er oblfgations of this Agreement, DEVELOPLR %ay :•e required by the CITY to wake sadifications to the CI:Y's voter and sevage sytters be:asse of the develop,,.ent's Iw act on the oysters. The M:,difitations are set forth in Exhibit "E- and they s`.all be per.'ormed by DE1.7LOPYR prior to the Irs%;arce of the. first Certificate of Occupancy, ua:ess ot`�erwlse prevl'ed In th*s Agreement.- , x. D "sNO !►' PA:ti:E'►TS, DETAILT, W0710E Of DETA:'LT 1. If arm RZVIti_-S re;u:re2 by thls Agreete is care t`.an flf:etn !15) days late, the CIn sf,sll send the Drt'ELOP'CF a -,rif:e of de:'_n��-r,:1 Ic r: er,id certified sail, and failure of the DEL'r:.C=zF to -sal.e t`.e re;, I-e_' in full within seven (7) days of the date s4,_.n on the r)otice s`.a:l constitute a default by the DEVELOPER. 2. Other tta- px%-tent of MKI Al IME D ArVEN-LES, if a'1v act regL:red by this Alrtez,rnt is not tise:y a_carrr.!s`.ed or if an.. act pro�:ibf:e° by t'^!s /lgrerent is done, 0-en t`,!s Agreement shall be in defaa.t. ):ot'ce of default and the grz,:n!% for default sha]1 be sent to the DEtiE: PLR by the C17Y AN provided in Part V7 of this Agreement. L. SANCT1O%;5 KN-D PEW 7AES Sh:,uld Dr►__0?ER be in default of tris Agreement, It is agreed that 0-e CITY Shall hate the right to exert"se any of the fol'.o..:ig sanctions or l tnol ties: I. The site plan for the property is voidable by Resolution of the City Council. 2. No final inspections shall be approved by CITY. 1. NO Cert l f State of Ocrupancy &hall be Issued by CITY for any unit on the PROPERTY. \ A. There shall be an interest penalty equal to the sarimurt rate allowed by Florida State Lav an any payments due to CITY from DMLOPER which are not paid. The penalty, when applicable, shalt accrue free the due date of payment as provided In this Agreement. The rate of Interest shall be established by Resolution of the City Council- S. The CITY shill be entitled to lien the T'ROPERTY and foreclose the lien In satisfaction of any psyaents due under this Agreement. 6. CITY shall be entitled to any other rasedy at law and failure to exercise any remedy shall trot constitute a waiver of said resedy. M. XISCELLA`►-'OVS ADDITIO`ZAL OBLIGATIONS OF DEVELOPER Ito later than the time of completion. approval and acceptance of the work required to be done, DEVELOPER shall, without cost to CITY: 1. Convey to CITT and its successors and assign's, by good and sufficient easement deed. in a fors astisfactory to CITT, a perpetual right, easement and privilege to operate, maintain, repair or replace all voter and • sever salts, pipes, connections, purzrs and otters within granted ease:rwts upon DEVELOPER's PROPERTY in connection with supplying water and sever service to the Inhabitants, occupants and eustcaers in DEVELOPER's PROPERTY and secure frog each mortgagee and lfeoor a release of sortgegees' and lienors' interest In the easement and fixtures there -an for to long as the easement is used for the operation, maintenance, repair or rtpl&:#ment of water and sever wain:, pipes, connections, pumps and meters vithin the, easements. e Z. Transfer, to CITY by )ILL Of SALE AZS:�LVn all MVELOFER.'s riTht, tit1E and interest It and to all of the water and sewer supply lines, eairS, pumps, connections, pipes. valves, meters and oqulpment installed up to on! within granted easments and rig`►#,-o!-vsy within the PRwFEF.TY and of`-s'.te Isprov"eats installed for .the purpose of supplyitg water distributica &-.e sewage collection for DEVELOPER'S PRDP:.RTT; and 3. Yu:-t!sh CITT with an AFFIDAVIT that all persons,, firts or corporations wl-,o furr.:a`•ed :labor or aster!&]& cited directly or Indirect"T in the presecution of the vork required to be perforsed by this Agreement 1.ztie 'Le -en paid, or it the o%ent or a dispute between the DE:rL0jrF and a [or,irac.4- or subcontractor. fur! sh the CITY with a is the amount IV dirpu:e an! ir, a form acceptable to the CITY; and A. Turmfah• CITY vith a satisfactory surety bo•:d or letter of In the a.aunt cf tvtnty-fire percent (251) of the cost cf t%e vark, ir a f.-= acceptable to tte CIn. *. t-.1a7antee!ng all nark :-sts`_:ed p►rs-a-,t to t}._s Agreement against defects in matertals, equ:pts-at or ctns;r;;zt!ar, `c. a pe-'�' of no, Sets tl:&n one (1) year from date of &cce.t:ante of sale by CIT!'. PART III. CITY'S Or'_ICA*IONS A. C1TY'S M-:l%:c!XV'6E OF SYMNS AFTER CER7A75 CON':1ITIDAS When, at no cost to CITY, (1) t1he water d'ttributi.r, and v,_=Fr collection systems have been satisfactorily instsl'.td, inspected, tested an' approved and certified in writing by the DEVELOPER'S engineer, teget`ler w_tti the City Engineer, or Sig suthc•rired representst!ve; and (2) w`.er. =7R has satisfied the conditions of tl%ls Agreement, then CITY s':all t}•e7-e;f er saintain the water d'stTfl+Ution &VStem a:)d sewage collection syste. up t^ ant vithin granted easements upon DTV'ELOPER'S PROFE%T'Y, The ol~:!gat;cn of t`.e CITY to fern:&h water and'or sewer service other than construction va:er iI.a'? not arise until Dr% -ELOPER has completed the conditions contai-,ed in t' s paragraph. The City shall reserve 5 ERC'S of stater service and 2_.5 Y S of sewage treatment plant capacity for Developer. r I. SERVICE CGh'7I710VS 0% LARGE USERS AGREEHEKT The CITY has entered Into a "Large Users Agreement" with L:ryward Ccgmty, (the-CiDILNTY"). its which the COUNTY has agreed to wake future se -:age treatment caparity available at its regional wastewater treatment plant. to the ltwent CITY cannot provide sufficient capacity, as a result of Co:\,"7YIs action. the CITY•& sole obligation shall be to refund DEVELOPER'S contribution charges as described ,in this Agreement, for those units for which CIjY is unable to provide capacity provided that DEVELOPER is not in default of this Agreement. Co 1 POSSIBILITY 7D PROVIDE SERVICE Is t%e aveet that the CITY tannnt provide sufficient service as a result of the actions of any regulatory agency, then the Cin 's sole obligation shall be to refund DEVELOPER'S contribution charges as described in this Agreement, for those units for which CITY is unable to provide capacity provided that DEVELOPER is not in default of this Agreement. PAIN IV, WTVAL CiD%T%j 1qS It is mutually agreed by end betvEen the parties that the preambles contained at. the beginning of this Agreement are true and correct and in addition to.thre, it is wutually tovenated and agreed, as follows: A. ASSIGK`,rNT OF 11M ACREDMNT in addition to binding DEVELOPER, the provisions of this Agreement shall rvn with the Land and be binding upon and inure to the benefits of successors in title to the PROJECT after this Agreement has been recorded in the Public Records of 'froward County. Florida. however, any otter assignment or transfer of DEVELOPER's rlghts and obligations is prohibltrd un:ess: i. AosTgnment *?hall be done in WrItinS in the maze formality as this A,greemett.' Is Z. CITY shall be a party of sold assignment and shall not withhold approvol of sssignment ur.reas:.nably. 1. DE':TYLOFER s`oll sie:.a:a prfml,r1ly x:st.le to CITY for the tent and eorreiticins of thls Agreement nr.lrss saffir.yent is made to eaap;fance vith tYs section. CITY agrees to et:ecute a %Atis.`actlon by assigmment` for Di►'r;.GP%R If th.'s AjttM-ent is prc.per.y 2:1nef. . agrees to rake full d,srlos:,re to any party purchosing all or A" tart of the PADY'k Y encxrts.rd by t}.:s Agreement as to all the terms hr:eof, one with portleular referer.-e to the ���=,��;' p R�.='+.:5 Be, forth in Sectlzn J of Part II herein. 1S. RiPT_Ali DF PRIOR A A.61 "1 p-for DMIOPEP A,.treerr-:s or E_t-rr"r.:a pertaIr!%S to the s;;rr:� of >rs:er :-Je sewer af.`eriing the %n�Fik".i are hereby cance'Ite and declaree Gf n;; farce one effect upon thatith is the subSe.t m.s:trr of t�'s Agree--rnt. PAP:* V. ADDITIONAL Ml-n-AL Ct'1LNAX S FDR n'T7%cr ASS'Ch=F$ AS U7, L-- Ac Dr`;S• ^•rF It is matua:ly rovenir.tee and agreee by and between the rort;es as follows: A. EXCUSIXT R1Cfi''S OF C17y C ln' 10-811 se_:Ee collection Agreezent. have the service to exclesfve cz1n5-mtrs right vithln to furr.ls� water service sn� the PROFER 17 covered by thhis S. VEi L S PROM:BIITD LrXCEPT FGR ''kMr,4710K DEVELOPER, his successors and oss!g-.s, and the owners and occu;.ants of buildings on DEVELOPER`s PROPERTY shall n7t install or maintain any ua:er wells except for irrigation purposes. C. PRO fOLGATIDN OF 1 F-ASOtiA!K.1E WVLES OF SERVICES CITY shall have the right to promulgate from titre to time reosDnable rules and regulations �elatirrg to the furnlohirtg of water service and seusge collection service 'to cons"ers within the 710PERTY encospasaed by this Agreement. Such rules and regulations may relate to, but ire not limited to, rates, deposits &Od cmmeetion charges and the risht to discontinue services under certaitr tamdttloss. The water and sever rates to be charged by CITY to said customers shall ire tht math nOW oT i,eTeafter charged to other customers within the area of service of 7ALM.ARAC UTILITIES VEST WATER XVD SEVER SYSTEM. Dfl'ELOPER hereby actaowledges and agrees that rates are subject to change at any time by CITY. D. C]TY NOT LIABLE FOR DEVELOPER'S OR CONSL"'.ER'S PROPERTY CITY shall not be lia'�Ie or responsible for maintenance or operation of any pares, pipeline's, valves, fixtures or equipment on any of the properties of the customers, consuyers or users on DEVELOPER'$ PROPERTY other than the rater service lines and sewage collection system within granted easements to CITY pursuant to this Agreement. E. EFFECTIVE DATE 'Criess otherv.'se specified in this Agreement, this Agraement shall not .be binding until fully executed. but once executed, it $hall have a -retrwctive effect t ammencing free the date of the City Countil Setting at which it vas approved. T. OVER -SIZE W- EkS ON SINCLE TA?iILT H04ES # It is assumed that a sing:e Nally hose oa the ?RDPTRTi will be serviced by a. S;a-inch crater meter. If a larger ester factor is needtd, then the . o.-,er (VI.ether DE►E!,0PER, Assirnee or fc,"owntr) will be ct.irged a6eitiara; contribution cha.jLes which rust be paid at the rate p:eVsiliru at., the tine of the application for larger meter for additional ERC's, to occ=i: ate the larger seter. C. 5YS7zK ON L`.!�S_' A'S PF::P R;y 70 Er 1LpT IF floor Yati3.WG WgV)17]OK Each co-t,:ser of water serr'cr or sewage erllettion se:-n:ce or keen all va:er pipes, ae:rlce lines, ccn-ectSo,s and rieretsary fixtures and equipment on the prem.ses occurred by sal� ct-.s sir, and vlth:n,t`re ir,terlor fries of the lot o,cup:et' by the cor.rsr.er In good ever and cDntltlon. The ss.e of water by C17Y to the conPazer s}.e'.1 occur at the co-sx-er's slide of t`e seter but the o'�:iration for t},e t<a:rtf-.;-.lie of t`.e lines small be as se: forth above sad in a-P21_a1:e C.:r regv:atlons. E. Cos_,!710 s ON FIRE IfiVFA�"' C5E • No water from CITY's water distribution system s'-,all be use' or d'sbjraed by DEti:-:L0PER or 'his agents, through firt hydrants or water trains, or by any -Person, firm, corporation or agency, public or pr.'vale, unless Isere has first beet made ade:ua,e prov1zA'Ons for cotrensa:irg C17Y for sash Lp:er. I. D15"'_A:IfR Any ter;orary cessations or interruptions of the furnishings of va:er and sewer service to the ?R;,PEnTY described herein at any time ceased !.y an Act of Cod, fires, strikes, casualties, accidents, power fallures, necessary naintenanre Mork. breakdowns. damage to equipment or salns, civil or a,il;tary autt,orlty. riots or other cause beyond the control of the CITY shall not constitute a breach of the provisions contained herin nor impose liability upon the CITY by the DEVELOPER, his successors and assigns. J. SEVERASILI7Y If any section. subsection, sentence, clause, phrase or portion of this A&rer=ent is for any re&%Dn held invalid or unconstitutional by any court of co-wpetent jurisdiction, such portion #`:all be deemed a stparate, distinct and Independent provision and such holding *hall not affect the validity of the remaining portions hereof. X. RE'COUINC OF ACRrMNT This Agreement shall be recorded by the CITY among the Public Records of 1lroward County, Florida. fair the particular purpose of placing all owners or occupsat$ of properties in 1>rWIDPER's MptRTy connected to or to be cormectod to ssia Mate? and sever aystess of CITY upon notice of each and every one of the provisions herein contained to the same extent and with the same force and effect as if said owners and occupants had joined with the parties to this Agreement in the execution thereof; and the acquisition or occupancy of real PROPERTY in DEt*E1.OPER's PROPERTY connected to or to be connected to the said water and sever systems of CITY shall be deemed conclusive evldeneo of the fact that the said owners or occupants have consented to and accepted the Agreement herein contained sad have become bound tT.ereby. . r L. HOLD HAfUCLESS PROrI5IOK It to vutually agreed that the CITY shall be meld t,aruless from any and all liability for daxsyes if CI7716 obligations under this Agreement cannot be fullilled •s a result of any ruliag or order by any otter governmental or regulatt•ry agency 1havit4g jurisdiction over the subject natter hereof; and to suet eveot, this Agreement shall be mull and void and • enforcea3le by either party regardSng that portion of the DEVELOPER'S FR.DPEA7Y for which City cannot perfcors its obligation. PART VI. NOTICE Whenever either .party desires to ::re wtice to the other, it $Fe11 be given by written notice, sent by prepaid certifier united States mall, w;th return receipt requested, addressed to t`,e Farty for wt-ox it is inte-�_'e', at tt�e ',ace specified as the pace for giv:r4 of aetice. VtfCt; s`.all rrmaSn such until it shall Lave been cr.ar.gcd bs Wltteto aatice in co-;;1la-ice with the pravisioas of this parsg-aph. Tor the present, the F•;rtfes dezfg-�ate the f*21"iag as t:e respective rF'.a:es for the Vr!r4 of aotfee: • FOR THE CIT? OF 7/4"1st.AC: FOR Tr(E DEVELOPER: City Manager Peter G. Lapham 5611 wortt•vest Bath Avenue Atlantic Nation Bank of Fla Tas.arac, Florida 33321 1620 S. Federal Highwayy Pompano Beach, Fla-. 33D62 Notice so addressed and sent by pze;ared certified t.&'.1, w'th return re: elpt requested, shall Se Ctezed g!%er, wLen it shall t.tse burn ae deresited in the Cnited States ran. - Pf.R' V. A.'�".►:7104,��i PxCrt:5:OfiS The fallowing are attar*.ec', as Yart of trfs kgrEesent a-r' ale Sncorpozated into this Afrteztnt: U01`1IT "A' - Lepa: Dtstr:pt:or. of FR:zrh-Y - Re.efpt fzx third party for a portion of Con:r'Sa''c- Cf. a-?e Inr:"fre _ Not Included X EXHIEII "C" - A copy of the site p_an of the PR;:rzF�"T ze�u_Fd to by 14-1nch -page $ite. EX41BIT "D" - A listing for the PX:)7-h,Y indicatfr.g t`e nazler of bulb':ngs to be built, the niliber of F.ziT's al.�..aref to each building, the n=! er of meters ptr bui;d;ng, and 04e meter size!s). >eX:�IDI? "E" - Modification of C17Y's water or seer facilities if required by City Engineer, if sp,licable. Included Not Included X IF WITNESS UMEREOF, tt,e parties hereto have caused these presents to be executed on tSe ra.7 and year indicated below: SIgnrE, ses:ed and delivered in the presence Of: ATTEST: rdE C17Y OF TAMARAC By vli::� KAYO DATE: -2,kAY7�) By 4n)wxrz:,��ir_ iA T : 1tr}core' •s tc tc:-e ATLANTIC /NATIONAL BANK OF IDA By EXECUTIVE VICE PRESIDENT H:�i.':.4_L'E (If Applicat:e) v1.stSS DATE: ATLANTIC NATIONAL BANK OF FLORIDA WI SS / v r/ ECU VE VICE"PRESIDENT _' DATE:"r SS G"- •�3 y • SIA!L Of r0t1GA SS: MINTY O S --.N kuo lk fore w it rsonslly ?t 1 red •�� . J i4 TlVR�=,-�-rk ptrf� t1ftr'tes t�,e irortsOr's ir.st►„ +t. vie t0 GefGre Rye tit tacc4:c? s"`�h tr'a��tnt��r P„r�-;stt .Ars,(►�w�rtls! . 9-1 sA D. 19YITh:SS q!yr►. O,d WWII Ot11. —- . r• f4rr • 3att of rarfel'at L1: e •.. NOTARY PUBLIC STATE Of FLORIDA AT LAAC3L jX; 6r-tS: MY COMMISSION EXPIFrS APR 21 1984 aOND:D, rh;RU PENERAL INS; UNDEEW$IUM VAIf OF 40*.:Dt sS • G. W Whitmire _ ....._.. Executive Vice President • '.0 #. i'! l� �;i7+r:, O'��l -,r'C, � f.,;i.+t�i.� •'--t ���•Lf • %� "�f�� iC � t:ti � ���i�! �C •.�tr :td V.e foregoing th4tr4c,-3, to and kfwrs pe tt4t G. W. Whitmire ,r._�...�..,.� L'.:7 . ii�`iSS l�-�d ih� off Cit1 Orel. #hts l der Of June A•D. r ..� .. i" . i 1 C Stitt tf iicrridt st U''gr i:C "fssiprl �Xii0"�ft NOTARY PUBLIC, STATE OF :_ ), MY COmmiSsior, explr3s 14z.;. 'ill . _ 11. rile of rtmi l �S• t#�Jm w L%M►�tD �t fDre MIt ae t�sx►e11y ar pe t ram! G • W • Whitmire des; $.��Ya.0 r -- - ,o "we re 0 to �r `fie pt on t :x+c r`3�`f n nv s:ecwts &M forspoini tastrastnt,snd 6cknor1td2td to rid before w thtt G. W. Whitmire e ec�►t s� �sinetsa ar pw+rpa�t>< rt o ex,pfirs:e . YITass ow hard ar►d officilll sell. this . day of A.D. I JA04�4�- A-0—ezL�. to ry pwpI i C !dr farmssion wlrss: lute of F1ondt at Ltr, jNOTARY PU qi My . AFFIT;.�ti77 S=i4! L •EE C p,;,LETED *CV: TGkGEE SIG A7URE 7S NOT A`PLICkRLE I J Ta�.i da Lereby affirzr as t.bee af.d t!.at J }.sti•e e�¢tM:ted a aster aid serer D�rrelp;,cr's I�reE:.•ent Fl.c x:th L*.e Ci.y of =�-sc for Tamarac Officeraject and V,:t J a.2 the tr.-aer of t,%t F ;v.-perty mitred by said De.eZcer•s A4:ewWe-t. T..e:e a;•e no 9,;�rtjjjes he3d an the praperty wkjth is the s::t�rct of sa-d De►e3creros Aig:teaent. F-"K:}EK A=r`IAA7 SKITM N07. ATLANTIC NATIONAL SANK OF FLORIDA X '4 .�.at::re EXECUTIVE VICE PRES This day of�f1_. STATE OF F1anIDA ) ) SS: 7. OF DUVAL ) Btfc•re ae pe-rsor.a3Iy appeared G. W. Whitmire wr]3 knovam a.-)d to are to be the perscn execute t.e fore .nS instr.. nt at%now3cdje to and before se that G. W. Whitmire executed $Aid &::mtnt for the purpose t';erein exx Tessa - WITNESS my hoLld and official $eal this 1st day of June . 1 Q B 3 �- -�..� Notary pub1ie of tto of Florida at Large My COmiscion expires: Atlantic National Bank of Florida DESCRIPTION Lot 3 and 4 of Block "V" of the McNab Commercial subdivision No. 1 as recorded in Broward County, Florida public records Plat Book No. 71 Page 13. 411Xf /4 Pd a IF -- a � oc to ,.W-4 ti,rAyE 401--AT161cl , MA P A I EXHIBIT "C" ATLANTIC NATIONAL BALK OF FLORIDA gater and Sewer•Developer's Agreement -f E w y r C L r. m• Z u w w w r om-w A Q n A 0 r�`- L wi ip 1t'� 'A„resat .al "°s:� n' rr✓ >.�Rh wee ti 0 F A bm w so „ . � g u 1A : w ♦ tp - Kp o R rn Z a,u�r �C i w�l • T :' • �i �� �� O u tf it - 4t ry C w - 'b wi r. 7d rti ' ~ a g # o 4aa �. 1 1�1 tj PLANNER: JULIAN BRYAN T REYNOLDS.SMITH AND HILLS FINAL SIE PLAN }. • . ARCHITECTS ENGINEERS PLANNERS r °•�'-- ATLANTIC NATIONAL BANK OF FLORIDA INCORPORATED " �, ••` "` •_ �i V�,7 TQT L EXHIBIT D Atlantic 1National Bank of Flroida _ Tamarac ISE ER PV 1 C,E_ *1 QT_ALM. 2.5 sewer'. THE MINIMUM REOUIkDlENTS THE Y)UfTEH �LOR DA AL �UILDING TERS VED FOR THE MEET INTENDED USE. ,4 ilWIN Mli f *MW