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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-1091 2 3 4 5 1 81 .9 10 11 12 13 14 15 16 17 211 22 23 i 24 25 26 27 2B 29 30 33 34 35 Uz g d ¢ �: � 8�►��919 h il - Temp. Reso. #4917 cop CITY OF TAMARAC, FLORIDA g RESOLUTION NO. R--88--Z ~/_ �h A RESOLUTION DECLARING A WATER AND SEWER DEVELOPERS AGREEMENT WITH TAMWAY/GRAYSTONE FOR FAIRWAYS IV, IN DEFAULT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into a Water and Sewer Developers Agreement with Tamway/Graystone for the property known as Fairways IV, which agreement dated February 3, 1981, was recorded in O.R.. Book 9455, Page 769, of the public records of Broward County, Florida; and WHEREAS, Tamway/Graystone has failed to pay the Guaranteed Revenues and Interest, as required by this Agreement, for a total of $23,457.10; and WHEREAS, the City Council wishes to declare this Agreement in default. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Water and Sewer Developers Agreement dated February 3, 1981, and recorded in O.R. Book 9455, Page 769, of the public records of Broward County, Florida, between the City and Tamway/Graystone is hereby declared in default due to failure to pay Guaranteed Revenues and interest in a total amount of $23,457.10. SECTION 2: That the City Clerk is hereby directed to record this Resolution in the public records of Broward County, Florida. SECTION 3: That the City Clerk is hereby directed to transmit a certified copy of this Resolution to Tamway/Graystone. CD SECTION 4: This Resolution shall become effective �r immediately upon adoption. PASSED, ADOPTED AND APPROVED this a77 day of 198 ' ATTEST: NORMAN ABRAMOWITZ MAYOR • CAROL E. BARBUTO r RECOR4 OF COUNCIL VOTE CITY CLERK MAYOR ABRAMOWI I HEREBY CERTIFY that I have DISTRICT 1: C/M ROHR_ approved this RESOLUTION as to DISTRICT 2: V/M STELZER form. 0 a �z )t I I � C-. DISTRICT 3: C/M HOFFMAN RICHARD DOODY "•'r' ��°m" DISTRICT 4- C/M BENDER CITY ATTORNEY w�-•-c--� BK 15509PG 755 eSo.gF'—J0 ., r • ltrt� 11••001 A I I I N N N 7_ Raaldesrtist hetect 81- 69437 "is AtIM117 ado cad entered iate i 7rd of February • 1 Mile, aM between the �11 of Twrae a sarnlc��a1 rat en W.OW'�a of TTirtd.s rr.la.afar ealtad •c1TY' TAr•1AYL Tr's raina lay" MRREAs, CITY io the owner and operator of a enter treabmt and � sowaoe trofteent :lent, toppthtr with water distribution and sews • collet- tlon tat/11t1es Iw,own ae "TAis+IRAC UTILITIL3 WATER AND SWER SYST�"+ and M1tRWe OEYELO►IN owns or controls Certain property in ►coward CevnRy, Florida, AS Shown and described In JMaIT • attached hereto and wade a part Mroofi and all references here A r ontaln*d to DEYELOPLR'i properly wean the property Mrein referred toi and MAW, OEYELO►ER i$ desirous of ►roevrin meter tore/c* or aewap• disposal Service or both from the CITY for UMI Q2MINi„UNIT5 _ tans rut on WORM ropein WERW o the parties hereto desire to enter into an sgr•ement setting forth She mutual undtrstandings and undertakings regarding ten furnishing of sold water and sewer services 4 CITY to the proper hereinsbove referred to. and MIERIJIS, this a moment and all Stipulations and Covenants are acknowledged to M subject to the approval of every County, Regional, state and Federal regulatory agency hawing jurisdiction of the subject matter of this Agreement. Ms TMLREFORE, in Consideration of the mutual covenants and under. takings of the parties Mr•to and ether pod and valuable considerations, the parties hereto Covenant and fore* Subject to Via abort provisions of the fifth preamble each with ten othar as follows, i t. (A ten UM OEYELO►ER includes each and every owner of arty percet of land loCAL within the above described property for the purposes of this "raenent. (Mj OCYtLCPtR, at h1s exptn$t and at ne expense to CITY shall 1tsign, eonetw+rct and 111115Li1 all nocessery motor Service and oawoggtt collection flints, ever through, mw,der acres$ and past OEYELO►ER's prap*rty In accord.to *"a with plans, Specifications grad on�ineerlog data as SUM tttd by a Florida C�� rreogglStar" enghoer M M apprewd by time appropriate regulatory agencies CJw Yeftrred to above and 0 the city Inver, or hi• 621X tod representative; aM said motor strvlea and Somgee allectiea lines Sha11 M installed and ewnnected to CiTY'= exlsting aster Service one soroge collection lines all y of which mark shall M paid for ��y► the KV1L0►E1. inch sawogt collection 11aes shall be iastalled et KWELD►LR's expense and shall include without ilawitatien. all �rov1 flow wliM force Min$, pua�p abtions ana lift itatienS regYlred hr t,M furaithiag of service to pEYCLopER'f property. At She tinof Submission of the plans, sppeectifications and engineering data YELOPCR to the City tnoino*r, KVILOPER shall pay to CITY a Plan Review Foe of too!, pppp (te be geld one tiara oral and ap 11C ble only It tthhris Air omen) 1sfor expese in Mvinns saaiidsplard lspecificcat� n$� ndlinpinnro inip dau r:vlta " by ioMYltln' engintoN. ... ' • . � ����*� wilco K of writing �YPir�� or print�nt� unsUtisS:actnry iR this docunia�nl whe[l rnlcra#Ln►e�r i sso9p� `757 (C) KVRWER sha11, at Ala retsln the service's of the Same registered pr'ehSslo"I weimer who pre�xpe'nse. ps rod plans and specifications for the , water sfrvla and Sewage eollocNen teen for the purposes of providing noc- M rlr laspecllen d supervfaloa of the oorgtructlon "rk to Insure that con - low 4lien at al anfirs IN Oeupilsnce With becptod sanitary onglneerin9 practices And the Approved plans and "I flcatlenS. 4 copy of each field �1+ shot 66% he'd to the' City aglneer aS oaeh such lnspe'etlon 1s made, equently be' Sam or reason for the DEVELOPER to engage the Services of rqtMr ra�islerM anglnee'r then DEVELOPER sha11 erStlty the CITY Within five �B1 days of such Waaea■ent. 0) DEVELOPER Shall arrange' for opd hold o preca+strvetlon meetlnp With the C ter [liner or his author Bad representative. tWtMr With DEVELOPER, or DEVELOPER S onglneer or contracter. Notification of old mastlnp shall be sods in writing and received sly all parties seventy -tiro (72) hours in advance Of Said sooting. The meeting shall be held at least twenty -tour (21) hours prior to start of each phase of construction. (1) TM work to be porfor ed My DEVELOPER, as above provided for, shall not be commenced until 011 plane and Sppaecciflcations covering the work to be performed are approved In writing by the City Engineer. or his authorized reprosentative. (F) DEVELOPER shail Notify CITY before any construction It begun and at the t1maS whoa 1 pectlons are mulred. Said notification shall be made in within and shilbe recelved by the CITY at least twenty -tour (!1) hours in advance a the time construction i■ raeun or 1m�sbaetions dua to a. sA& (fr) DurioEin's'S'l otction and at the tin *hen periodic inspections arefrequired, the Ciineer. or his authorized roprosentative may be present and DEVELOPEneer. shall bepresent to observe and �oIntly witness tuts for determination of conformance to approved plans and Specifications. (M) The work to be performed by DEVELOPER, pursuant to the provisions Set forth herein shall be In accordance with all require agencies having jurisdiction of the subJect suttar of thismeagntsr000f antthe. ropulatory (J) When the water service and sewage collection Systems have been satisfactorily Installed. Inspected,, tested and approved In writing by the DEVELOPER'S engineer, together with the City [nptneer, or his authorized representative CITY shall thereafter maintain the water service system and sewage collection system up to and within granted ossoments upon DEVELOPER'S property without cost to DEVELOPER+ provided the obligation of the CITY to maintain the Water service System and Swage collection system Shall not take Affect until such time as DEVELOPER has convoyed title to said systems to CITY which title MS been Accepted by the City Council, furnished the As -Build drawings described in Paragraph (J) below 'and furnished a one (1) year warranty bond to gwrantee all work as Set forth In paragraph II (A). (J) ELOPER shall, at his expense, furnish to tho CITY one complete Set of N 'oducib1As-Built drawings prepared by the engineer who designed the sewer Systemby any ether engineer retained by the DEVELOPER, pro. viding that the consent Of the CITY for the retention of such engineer 1s first obtained. laid As -Built drowings shall also be certified and sealed by the onglneor and shall show all pertinent information as to the correct location K all a>winf, Servloos, easements and appurtenances belonging thereto and aftectlthe War service and swa 1lectien aystee�s as constructed 1n the fief. As -Built drawing Inforwstlod as to easamants, the • correct location of all malru Services, grades, Wart Olevatlons, M1 ht$ related to a known datum, and ah appurtenances belonging to the water qjT and sewer installation. at opt/on Of the City EnginMr er City Council Shall also be certified, and sealed by at Florida registered Professional Land Surveyor. Said At -Built drawings submitted to the CITY Shall be on transparent material approved by the City �} �1 Oil Neer. CD 6/!/e0 M V M O: Legibility of Nriry M W01 g par printing unsmv rojanY Cnflimu'S#. ih►s 00PUme01 vitoa BKI5509PG °758 Ad 11 the «aa e aPP 1a► e; ealau atad�e eTor Nur am or44; OttIntin ►ara/raph IMi ar at Swe i�wlae M'eNded flee to hng(K �I1 . 11�t aonlH►utlon Charges are its for inter a�its� for "Mr. Per the r ;efts and fM "to beray pC and IIIIIT Fa purposes of lrsldtnttsl "its. bid tontrleAa ut for is Plan oppreval. Ilswwer, KVUVtA'ry elect to satt� tint of final 1 Mpoints as follaws I �T • (l) L1Uwtncirno u�ppoonn the data of final Sit@ plan approval for a Project on the property descrt►td in txhlbit W -DEVELOPER agrees to pay to CITY W sun of $1 d7 p+r month r unit for a1i approved units as interest upon the eontribution to be node qy DEVELOPER, as htrtinafter tit forth, Said suss 1s herelM tier referred to as the "Interest Charge* and 1s in addition to entlGRY tloate rfortWater and Seiwtnc�conrwtjon4. way be obligated to pay to other (_) The Interest charfe for etch unit shall bd pitysble monthly in advance e�asretneing at final Site in a proval for a pro ��rrpppp�trty described in txhlbit W and shall be paid Until Suchttlweon lis the dontribution Ch&rg�t, wretnaftor Ott forth, is paid to CITY for each unit. St) At Such tint aS KYELO►ER requests a building Permit for at Mrii ftalr •etshallh�na SLIThall alsocontribution Charge for such unit of the Intarest Charge to the date of cnvict/on�ITM any prorated portion Notwithstandin,) YELOPER a0rota, anything to the contrary hirtin contained twenty -tire (19 PY to C1TY t o Contribution charges for not less than later than Percent of the Units dtstrlbed in Paragraph (K) above not eM � year from the data of this AAapraei�int0 and to pay to 1ITY the eontrl6utton charges for the reasainder of the Units described in ►araIraph (K) abora, Not later than bro f) M►ei t s {&sued 4V the CITY for DEVELOPER a Pr,oper� � date tat on first bulldi ►e tM contribution change 1s established bythiscentraact,oisia contractual i- ob�ilitlOn of DEVELOPER, SO DEVELOPER acknmlodgit the propriety of this It any intere(5) ayn��eInte Interest Payment may be more than fifteen (15) days late. ERC's required to be obtained duringMt In full for the the first yearnimum from therdate ofnsite Plan approval, or the contribution charge payment which 1s due no later then two years from the date the first building permit is issued by the CITY for the rOPerty which is the sub act of the Developers Agreement is more than iftttn (16) days late, CITY Shall &and the DEVELOPER a Notice of wa delinquency by prepaid certified mail, and failure of the DEVELOPER to make the interest payment in full within seven (7? days of the date Shown on the r= Notice shall constitute a default qy thi DEVELOPER, and as a consequence of ouch default, SAY Contribution charges under a Developers Alroament shall iW SutOutically forfeited, and any payments made as contribution charges shall be a piled against the outstandingQ invoices end shall be liquidated dams es. In the tytnt of Such default by the DEVELOPER,th1S Agreement and all r1 hts and obligations for Unconstructtd Units except the CITY's right to retstn Such liquidated dauges shall be tarwinsted. F-w Arky appplic&blt for1all wwhitsc or which the tontrlOf the butlon chargebwSsonot paid 1hall be fu11 prior to the ntiblishrent of the increased Cn charge hasler L) TM CITY Carenants and a roes to ►Ce a era t�L -*J Units of hydraulic 1n Exhibit "A%. '&snitary Sewer plant Capacity for the Serve yM lands described The CITY has entered Into a 'LArgt Users Agr At* with Droward ant►'• (the •County) in which the County has SIMW co rake future Sawa t treatmSnt CSpteity available At iq pp the event CITY cannot vide autficntoutswttavrattr trwt�ment lent. In titled to a attired at eta contribution charges red thil interestLPa1d all as aforesaid M&crlbed for most Unit& for which CITY is unable, to provide capacity. Tha ra ftserNon of Units shall 'hurt to the benefit of any Successors or anttes of DEVELOPER only as to all or portion& of the lands described in Exhibit •A•. the rosernatiaris shalt be, contingent Upon Monthly a part IMrenuts 1n accordance with 9xhtbit "CSttaVchedtherreetonand Ode • Mrt Istroot. eeeordin(pL TM Contribution (both water and sewer Charge& ahall'bt eaicutatad execution of this Ag ges eso*ntSet nt C1TY•COtJMCIL as she 1 be 1n effect at tina of TMe falling K*Will er as Ott forth in hragraph I(K)(1) 1f applicable. rrprrssants ti+e Charge noel in offset. J . ' •l •" . ' •3w . �r _ - • • �� •ter . ME M 0" 1'69ibility of writing. Wng or printing unsatisfactory in INS docutlen;t When lnicrofUrnec, CONTRIBUTION (Water) Single Family Residences ..................$350.00 per unit Multiple Family Residences with Rentals. Condominiums or other ...........$350.00 per unit CONTRIBUTION (Sewer) T nFe7am!iy Residences ..................$650.00 per unit Multiple Family Residences with Rentals, Condominiums or other ............ $650.00 per unit The contribution Charges shall be computed based upon a list furnished by the DEVELOPER. showing the number of units to be developed, the identity of which list is incorporated in this Agreement as EXHIBIT "B" attached hereto and made a part hereof. Any variation increasing the nuu er D units or ERC's to be developed in said plan by DEVELOPER will give CITY the option of cancelling this Agreement and requiring DEVELOPER to execute a new agreement in order to obtain services provided additional service is available. M 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 terms of this Agreemer.:. �T (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. ;11 (P) DEVELOPER agrees to make full disclosure to any party purchasing all or any part of the property encompassed by this Ap reement as to the terns hereof, with particular reference to the Guaranteed Revenues set forth in /xhibit "C". IN: (Q) If this Developers Agreement has been submitted by DEVELOPER and interest charges paid prior to site plan approval. it is understood and agreed that said payment and execution are voluntary acts by DEVELOPER which shall not be a basis for a claim of vested rights in the event the site plan is ultimately rejected. Payment of the interest Charges and execution of a Developers Agreemer, 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 site 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 which 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 acceptably to the CITY in a imnner approved by the CITY at times which will minimally disrupt the operations of the systems, and shall be completed before the first certificate of occupancy is issued for any structure in the area included in this Agreement, 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 other 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 of same and shall have this Agreement executed by all mortgage holders and others with an interest in the property, or furnish CITY with an affidavit that there 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. a• 8/4/80 M E M 0': Legibility of writing,, ITp1ng or printing unsatisfactory ir, thj$ documpn#bra; microfilmed. Go Gn Ln CD 4M v cn LD rJ 11. (A) No later than Vz time OfCoa� lotion. approval and acceptance of allork required to be done, KVEL(:'ER shall. out to;tt and assigns. by good to CITY. (1)-fonvey t CITY and its succes soln and sufticienr EASEMENT gqDLEO�fentoandsprlvilegerto to CITY, a pe pe repair or replace all water and Operate, maintain, rep s and seters within sewer nuns. pipes, Connections. pip erty in connection granted easements upon DEVELOPER'S proA with supplying water or sewer and customersiin�DEVor ELOPER'S thAO he 1n- Witrnts. occupants prope-ty and secure ° ach Mort�ainterestllnnthea release Of mortgagees' easement and fixtures maroon forso long as ce the easement is used for the operation, repair or replacement of water and sewern the ins. ntspes- connections, Pumps the (2) Transfer to CITY by BILL OF SALE ABSOLUTE all DEVELOPER'S of water and right . title and interest n ans�tppnnectionse pipes , sewer supply lines. mains, pump installed up to and within cx? valves, meters and equipment granted easements and right -Of -way within the lands hereto and ude cn described in EXHIBIT "A" attached and hereof for the purpose of supply g Occupants and Ln CD sewage ollection for the inhabitants, in DEVELOPER'S property. custom- s (3) Furnish CITY with an AFFIDAVIT that all persons, firms who urns a abor Or materials used C% or corporations ebwork directly or indirectly in the prosecution ofthe required to be performed by this Agreement een the DEVELOPER paid, or in the event of a dispute between and a contractor or subcontractor, furnish the CITY with in a form acceptable a BOND in the amount in dispute and tc the city Attorney. (4) Pay to the CITY any and all applicable charges which shall be due and payable prior to Ponnection to CITY'S sewer system. ($) Furnish CITY with a satisfactory WARRANTY OR BOND in the Sount of ?5% of the Cost Oftieng •all work in telledppursuant to the City Attorney nt an to this Agreement against defects in materials, equipment or Construction for a period of not less than one (1) y ear date Of acceptance of same by CITY' M E N1 O : ?_c:c.>,?ibi'i'y raf writing,, typing or printing unsatisfactory in, this docump W_j1eQ �njcrofllroed. _5- —'n r III. .. (A) CITY further covenants and agrees with DEVELOPER as follows: �1 (1) CITY $hall'make its best efforts to furnish water of the quality and purity meeting the standards required by the f llorida Department of Health and Rehabilitative Service, the Broward County Health Department and any other regulatory agency having jurisdiction; and (2) CITY shall wake its best efforts to supply, at all times, for the pse of each of the properties connected to Its water system, A quantity of water under adequate pressure satisfactory for domestic use at the customer's side of the meter; and (3) CITY shall make its best efforts to furnish sewage collection services as and when available within the CITY'S system upon approval from the regulatory agencies. The obligation of the CITY to furnish service other -then con- struction water shall not arise until DEVELOPER has completed construction of the facilities required to be constructed by DEVELOPER pursuant to this Agreement and has conveyed title to said facilities to CITY as provided herein. • IV. (A) It is mutually covenanted and agreed by and -between the parties as follows: i (1) CITY shall have the exclusive right to furnish water and sewage collection services to consumers within the area covered by this Agreement; and (2) 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 any water wells except for irrigation purposes; and (4) DEVELOPER shallmake 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 (90) days after receipt of written notice be prohibited from installing, 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 reasonable rules and regulations relating to the furnishing of water service and sewage collection service to consumers ZM within the area.encompassed by this Agreement. Such rules 4— and regulations nay relate to but are not limited to rates, Jt deposits and connection charges and the right to discontinue Jt services under certain conditions. The water and sewer rates ig to be charged by CITY to said customers shall be the rates nDW or hereafter charged to other customers within the area of Z�J Service of TAMARAC UTILITIES WEST WATER AND SEWER '•f SYSTEM. DEVELVER ereby ac now a ges an agrees t at rates ►� are subject to change at any time by CITY; and -6 6/2/80 E Fr epiypinro ` Le'Nifty ati'�p unsatfwritin g"thig acc;rrnsacto t tni!,� crotim�- W M cn Ln rJ CN ..J (6) CITY shall not be liable or r+es�onsib]e fnr wasntenance or operation of any pipes, pipe Ines, valves, fixtures or equipment on any of the properties of the customers, consumers or users on DEVELOPER'S property other than the crater service lines and sewage collection system within granted easements to CITY pursuant to paragraph 11 (A) (1); and (7) Each consumer of crater service or sewage collection service on DEVELOPER'S property shall keep all water pipes, service lines. connections and necessary fixtures and equipment on the premises occupied by said consumer, and within the interior lines of the lot occupied by the consumer in good order and condition. The sale of water by CITY to the eoo��nsumer shall occur at theee consumer's side of the meter but the aoibov�ain�ninippltci�let��tyceepulat�onsshind be as set forth (8) Ib water from CITY'S water distribution system shall be used or disbursed by DEVELOPER or his agents, through fire hydrants or water mains, or by any person, firm, -corporation or agency, public or private, unless there has first been wade adequate provisions for compensating CITY for such water; and (91 ,any temorary cessations or interruptions of the furnishings of water and sewer service to the property described herein at any time caused by an Act of God;•fires, strikes, casualties, accidents, power failures, necessary maintenance work, break- downs, damage to equipment or inains, civil or military authority, riots or other cause beyond the control of the 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. V. (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 - went as being owned by DEVELOPER. however, any other assignment or transfer of DEVELOPER'S rights and obligations under this Agreement, is hereby prohibited. (a) This Agreement shall be recorded among the public records of llroward County, Florida, for the particular purpose of placing 41 owners or occupants of properties in DEVELOPER'S property connected to or to be connected to D said water and sewer systems of CITY upon notice of each and every one of the pro- visions 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 ;jl execution thereof; and the acquisition or occupancy of property in -DEVELOPER'S property connected to or to be connected to the said water and sewer systems of CITY shall be deemed conclusive evidence of the fact that the said owners or ,J occupants have consented to and accepted the Agreement herein contained and have -1) become bound thereby. Cn (C) All prior Developer Agreements or Agreements pertaining to the Supply of water and sewer affecting the property described in Exhibit "A" are hereby cancelled and declared of no force and effect upon that property which is the subject wetter of this Aereaaent. -7- M t Alne of p r. tl�€eOr gubiN t�'ritln Ument �� OSatisf jetory R ,7 �7lcCof((med �' • V1. Vhenever either party desires to give notice unto the other, It shall be given by written notice, sent by prepaid certified United States Neil, with return receipt requested, addressed -to the party for whom it is •, intended, at the place specified as the place for giving of notice, shall remain such until it shall have been Changed by written notice in coaVliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for the giving of notice; to wit: FOR THE CITY OF TAMARAC: 5811 Northwest $Bth Avenue Tamarac, Florida 33321 OR THE DEVELOPER: HARVEY KALIFF PRESIDENT TANWAY / WYSTONE 8405 N W 61ST ST. TAMARAC, FLORIDA 33321 722-7400 Notice so addressed and tent by prepaid certified mail, with return receipt requested. shall be deemed given when it shall have been so cc deposited in the United States mail. .., It is actually agreed that the CITY shall be held harmless from cn any �and all liability for damages if CITY'S obligations under this Agreement cn cannot be fulfilled as a result of any ruling or order by any other govern- Z ntal or regulatory agency having jurisdiction over the subject matter hereof; and in such event, this Agreement shall be null and void and enforceable by either party vis a vis that portion of the DEVELOPER'S property for which CITY cannot perform its obligations. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first hereinabove written. GJ Signed, sealed and delivered in the presence of: ATTEST: Ic t nager ATTEST: y C I er L� 'G THE CITY OF TAMARAC By MAYOR DATE: / Approved as to form - e �r yC CITY ATTORRN Y DEVELOPER HARVEY DATE: -Ft- ME M O : regibillty bt writing :typing' or 'printing unsatisfactory in !his document wheq mic.Ccftimed. t.D is is VORTGAGEE (If applicable) WITNESS 5 STATE OF FLORIDA SS: AS TO THE ]7EVELDPER _ COUNTY OF SROi1ARD before me personally appeared_ HARVEY KAI IEF ae we own an Known t0'el@ 0 peTfon S lSCT hen w p executed the foregoing instrument, and acknowledged to and before we that executed said nstrumen or t9he purposes therein expressed. WITNESS My hand and official seal, this T -dey of :^Cvc,4�':E. A.b, 19_• co +:=° or; u c- State of Florida at Large, run My conmifsion expires: Ii cri PJ2:1C. 5 "i P' f�; RM A..T LACGE Q J d CCAII:ISLwN EX? M hFTIL 2, 1982 STATE OF FLORIDA ) j S5: COUNTY OF BRDWARD ) M Before ale personally appeared_rd� C �- to rre—w-eTlTlnown and known to we ta;ibe the person(s) described in and wno executed the foregoing instpment, and acknowledged to and before me that executed said nstrument foroothe purposes therein expressed. WITNESS my hand and official seal. lhis_1_52ndlay of A.D. 19 V otary Public State of Floridi. ht Py commission expires: tIOIARY eLtLIL STATE OF FLORIDA AT LARrol �Y CQM;M,jION FXE S APR 21 1984 �' © : • 'ti ,,_, STATE FLORIDA a�ro ahau afARAL 1N5, uNDUwIIIF8? I '• n_ �, COUNTY OF b ARD - ice' wn befor personally appeared . `•J1 iv n to me well known and known o e persons escr be n an w D executed the foregoing instru m t,and acknowledged to and before me that executed said astrtirrt,+1 For the purp s t rein expressed. WITNESS ray hand and official se this day of A.D. 19-- Nd-lvry Public May commission expires: Stat f Florida at Large M E M Q : Lcgibiiity of writing, typing or printing unsatisfactory, i.(I thjs document W4Qrt rni-crofiimed;, I BK I 5509FG -765 it" P f A WX .14 mo I— de hereby affirm that I m the V-.f :Aiw,- 't -MCI rp MT - - P and that I bsvo "touted a water and sever Developer's Agreement with the City of Tmmma for JAMAY't IV _Mjoct and that I a the "nor at the property amrod by said Devoloperl's Agreommt. 7M" are so mortlalos bold on the property which Is the subject of said Developer's Agreement. PJMR AFFIANT SAYM NOT. This !.� day of its. IrTATS OF n*U DA ) gal CDUM or Debra me personally appeared HARVEY KAUFF to m well known OW bwn to " to be the Person who OROCNOT'lWforoplas instrument aakmewlodga to md boftro " that HARVEY KALIFF snouted said don t for eke purpose thOrOLF -OxP"99,04,. Ala Mum my h=4 ad Official "&I this Wmill UP 1 10 pletaxy Ablig 0 A 44 r Ak p?`j E " 0 - t)"PJ.1)g -- 7,.y of writing this d0CumL,.,jt Wh unsatisfactory r, .411 (nicrofilrnel 06 BK 15509Pc •-'766 �;+y,",�y�rr,•!11.I{{''�,��'Rr-'(�`�1�rA,YiMyY�(.1�:'� .�� Mi'�'�L';:i1!i�ifTM!�.rj;!�.�!•���. 7'�"� • y'y k��' !". ;'��, � JxHIz LEGAL RumnioN PAIBMYS IV A portion of Parcel "Q", Woodland lakes, according to the plat thereof, as recorded in Plat Rook 71, Page 11, of the Public Records of Rroward County, Florida, more Particularly described as followst Reginninee �t the Southeast corner of said Parcel "Q"; thence N22 33123" 1, a distance of 72.70 feet to a point on the arc of a circular curve to the right being the South right- oi-way line 8t La`os oeCaMpo Boulevard whose radius point bears S22 33'23" W, from previoua course; thence Westerly and Northerlyy along the arc of said curve havin` a radius of 340.00 teat, an arc distance off' 212.41 feet to a point of reverse curvatur9 of a circular curve to the Lett; thence Northerly and Westerly, along the are of said curve having a radius of 4OO.Ob feet, an arc distance of 110.14 feet to a point of compound curvature of a circular curve to the left; thence Westerly and Southerly along the arc of said curve having a radius of 25.00 feet, an arc dis- tanfie of 1.21 feet to the point of tangency; thence S35 10'S5" W, a distance of 107.12 feet; thence S20:3S'00" 1: a distance of 0.03 feet; bhence S60°25,001, M a distance of 66.p0 feet; thence S21 3S'00" i, a distance of 29.00 feet; thence 10°33'17" W, a dis- tance of $1.65 feet; thence S20 SS'00" 1, a distance of 36.00 feet; thence N 6 0 25'00" 1, a distance of 47.00 feet• thence S07 06'51" 1, a distance of 106.90 feet to the outh line of said Parcel "Q"; thence slon said South line N12°33'06" 1. a distance of 279.42 lost more or less to the point of beginning. Said lands situate. lying and being in Rroward County, Florida. 0 Ci7 IF , . ,w I r:'A. ,�rf ��s ,��.. {.r��.-�+d�h'r ..•,��'.N i"'. �t'�:�'�:��YS r �A7 N E� M Ui ' Legibility of writing, typing nr print;ng unsatisfactory i� this c�acunaent Wh9n ii71GCA(1Il77 J. .. BK 155©9PG '1767 M e M ? : Legibnit y of typing or printing tlns tistacto ring. this docut"ent w. �lCCgtj/m� ij BK15509PG-']6$ ,jFt;�.l :I��.�wr F rrtir.+.w...rr r... ... ... •• �:. .r--r :-- . .. .r• w. r w r r.r.. .r ram.. ��. ' 1. �lwntatlons Iron rrco1r11y a "Cortlftaate N Occ nc .a "its or six (t) months from tM daq K taawnee K a " for Malt �t Ile ls%,er than twenty tour Font s for such for •1) MMy. Wh1eAMr Kem ttr�t fr date o oxocu on o �larantood Arwnws !rr aa1CA slnlfi Miod �[R •►sus to � tM Clri Mnthty owent Up" the follaMtng:for (a) shsil nbftr t a~orvlg evil ibr 111 W h i sf~t : war and newer service for to each equivalent reiidential e 01%,fen to accordance with the rate schedule top the CITY as the aasn MY bo MwWod fra. time to tisu. (b) duaranteed �evenw ►a�- nts shall easeaence on tM first of the aronth following the receipt of the Cartlticato of Oceupancr . Or six (b) months from the tsswnce Of a building permit but no later than twenty Of Months from the data Of execution Of the Agreement for all unita. whichever shall Occur first. (c) As units are sold and the accounts are PPlaced in the new Owner's navel. the DEVELOPER shall be relieved of the rOspons1b111ty for tM oulrantoed Aarenue paYurnts for that unit. guaranteed brenue a n s ail er r nTW Mrttes acknowledge that InCO+aei on the CJ1�' books. tM�der eo elre�wistisnchaef11sM11�iuir�nrt�eedsl4vinu�e "COents be underConsistood contributions to aid-of-constructlon. It is further actual rev understood and agrood that such Ousrantood Nevenues are in lieu of Octwl revenue frog Consumers for that interim period of time prior to the cone_ Pletlon and occupancy of d0e111ngs.and buildings. rltteenth of3 son : 'ailura to Pity the guaranteed Revenues the sidered a deli Or w 1n fifteen days of their due date should by con. delinquency by DEVELOPER. CITY shall s0nd DEVELOPER a notice of d°linquencY by Prepaid rtified Mail and failure of the DEVELOPER to take the Guaranteed Revenue paymant 1n full within seven (7) days of the data shown on the notice shall constitute a default by the DEVELOPER and shy reserved plant capacity under that a to reso sMit •utoenticslly be rescinded and forfeited athend any tAndfnts made to for rye such plant capacity shall be applied against ha l be l ndinp 1nvo auraC*S for guaran4ad Revenues and Contribution charges paid shall a liquidated damages due tM cITY. of said ruarsn u " t TMO requlr lOnt for tM COnttrwod Payment M srsanditian renws a a • sovonant runninp with tM land and sDpEA,hall �CeOssors ad ass�1� K w further smrvla and binding of tlura to "u"t O+ors holdingr th the OtjW WYEL Its ifauit. Pq to a tlssaly aamler as tot florth In paragraph ra threugh tits DEVELOPER. MrogrsPh S a6ora shall M a 9 typing, or priwriting nitin .,"ibVity of . this docuItaerJ kyhn satisfactory iq lcroum� ax t 5509PG 769 t?,M-io I i' a I T n 11 09SCRIPTIOM OF OFF -SITS ZWWVBNMTS REQUIRED TO BE CONSTRUCTED N OF THIS A+(UIMNT, NOT APPLICABLE W THIS AGREEMENT wv^ tMt _0,40, T%, oA� W Pin` 0, t.e rbit,'ty of this Grintl:agr unvfactory writing a°cum?m�cf o� �. i,. A. COUNTY ADMINISTRATOR i"A