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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-119Temp. Reso. #8675 May 2, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- 11 q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT A BILL OF SALE ABSOLUTE FROM PARKWOOD AT COLONY WEST, INC., FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED FOR THE PARKWOOD AT COLONY WEST PROJECT LOCATED ON THE SOUTH SIDE OF LAGOS DE CAMPO BOULEVARD BETWEEN NW 84`h TERRACE AND SOUTH COLONY CIRCLE, FOR CITY OWNERSHIP; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Parkwood at Colony West, Inc., has constructed the Parkwood at Colony West Project and has installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on July 22, 1998, which is located on the south side of Lagos De Campo Boulevard between NW 841h Terrace and South Colony Circle (attached hereto in map form as "Exhibit 1 "); and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on November 10, 1998, requires Parkwood at Colony West, Inc., to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Temp. Reso. #8675 May 2, 2000 2 Distribution and Sewage Collection System Improvements installed for the Parkwood at Colony West Project; and WHEREAS, Parkwood at Colony West, Inc., has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Parkwood at Colony West Project; and WHEREAS, the Improvements were inspected, approved and are recommended for acceptance by the Utilities Engineering Division after a one-year warranty period; and WHEREAS, it is the recommendation of the Interim Director of Utilities that the Bill of Sale Absolute be accepted for the Parkwood at Colony West Project Water Distribution and Sewage Collection System Improvements; 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 accept a Bill of Sale Absolute from Parkwood at Colony West, Inc., for the Water Distribution and Sewage Collection System Improvements installed for the Parkwood at Colony West Project. 1 Temp. Reso. #8675 May 2, 2000 3 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 a Bill of Sale Absolute (attached hereto as "Exhibit 2") from Parkwood at Colony West, Inc., for the Parkwood at Colony West Project Water Distribution and Sewage Collection System Improvements, located on the south side of Lagos De Campo Boulevard between NW 841h Terrace and South Colony Circle. 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. SECTION 5: passage and adoption. 2000. Temp. Reso. #8675 May 2, 2000 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of , ATTEST: u v� MAR104 SWENSON INTERIM CITY CLERK I HEREBY CERTIFY that I have appry a Tis FSOLUTION as to f m. I� ^ "", / RV/krs/mg 1 MITCHELL S.,TFT CITY ATTO Y f- JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER-j DIST 2: COMM. MISHKIN ._.� DIST 3: COMM. SULTANOF� DIST 4: VIM ROBERTS 1 EXHIBIT I TEMP. 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Q C r -- V j CD 59 ST OD UNIT 13 59 ST coj coa w 3 C. i/ �` m m j 58 PL WAI60 ST j/ 58 TERSDE > w > Li MAI L NDS` ¢ w / ^� a UN T 1%jj m 58 58 CT j HEARTLANDS 58 ST ID .n n /% ° S //ji OD CT (u // OF co 00 ae / 7 r 58 /j/ i TAMARAC 57 DR /;% 4 -er W MAI LA DS U T 1 �� //i ST > / > 57 LN ~ 7 REENHAVEN qL / / / w / a n cu ¢ m r 57 PL g 12 FAIRHAVEN M j7 PL n / co d00 ae j 8741-8767 ❑FC. 13LDG S7 ST 57 CT 57 CT NW 57TH ST z p CHEVRON z COMMERCIAL BLVD, ----------------- T PARKW❑❑D.DWG PARKWOOD AT COLONY 'WEST BILL OF SALE ABSOLUTE "Exhibit 2" TAMAAAC UTILITIES eiu OF sage assowre • a(ATER di 1EMI@ GOLLEGTIQN BYSTlMR • 0 FOR: Parkwood at Colony West KNOW ALL MEN BY THESE PRESENCE, that Parkwood at Colony West, Inc., a Florida corporation, whose address is 2409 University Drive, Coral Springs, in the County of Broward and State of Florida. Party of the first part, for and in consideration of the sum of ten dollars $1� _ 0.00) lawful money of the United States, to be paid by the CITY OF TAMARAC, a municipal corporation of the State of Florida, 7525 Northwest 88th Avenue, Tamarac, Florida 33321. Party of the second part;'the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered and by these presents does grant, bargain, sell, transfer and deliver unto the said Party of the second party, its successors and assigns, the following goods and chattels: All of the Water Distribution and Sewage Collection System improvements; together will all appurtenances attached thereto, which lie within the Public Rights -of -Way or within Utility easements provided for same in the Plat of Rokest Apartments of Tamarac, recorded in Plat Book 81, Page 25 of the Public Records of Broward County, Florida. All of the above further described in "As-Builts" Plans for Parkwood at Colony West, a copy of which is on file with the City of Tamarac. Prepared by: A.J. Hydro Engineering, Inc Dated: 4/17/1998 Project #: 97-0040 TO HAVE AND TO HOLD the same unto the said party of the second party, its successors and assigns forever. The party of the First part does covenant to the Party of the Second part, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free for all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said Party of the Second part, its successors and assigns against the lawful claims and demands of all persons whosoever. The Part of the First Part agrees to indemnify, save, defend and hold The Party of the Second Part harmless from and against any and all claims made by lienors under Chapter 713, Florida Statutes upon any lands wherein the subject goods and chattels may be situated. C] IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) PARKWOOD AT COLONY WEST, INC. By: PE ER TREMATERRA, President jo� / 4 , �--4 d v,*' �c PRINT NAME STATE OF FLORIDA ) :SS • COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, and Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Peter Trematerra, as President of Parkwood at Colony West, Inc., a Florida corporation, to me known to be the person(s) described in and who executed the foregoing instrument and has acknowledged before me under oath that he executed the same. WITNESS my hand and official seal this / da of M� , 2000. NOT State of Florida MW L� (Name as co 'X Personally known to me, or U Produced Identification Type of I.A. Produced (� DID take an oath, orXDID NOT take an oath. E CITY OF TAMARAC INTEROFFICE MEMORANDUM (00-120) CITY ATTORNEY TO: Marion Swenson, Interim City DATE: May 5, 2000 Clerk FROM: Vanessa T. Steinerts, Assistant RE: Parkwood at Colony West City Attorney._—, Our File: A99-027 have received the attached correspondence from Andrew B. Blasi, attorney for Parkwood at Colony West, regarding the City's acceptance of the Bill of Sale for the water and sewer system at the Parkwood project. The Bill of Sale is on the City Commission agenda for May 10, 2000, as Temporary Resolution No. 8675. Please hold the attached letter in the City Clerk's Office as part of the City's record regarding this matter. If you have any questions, please call me. VTS 0 Attachment .;Om CO >ZIP a • • 20283 State Road 7 Suite 300 Boca Raton, Florida 33498 Phone: (561) 483-8700 Fax: (561) 483-3387 April 28, 2000 City of Tamarac 7525 N.W. 88 h Avenue Tanarac, FL 33321 Law Offices of ANDREWr B. BLASl, P.A. Reply to: Boca Raton RE: Park -wood at Colony West Dear Sir or Madam: 5880 South Highway AIA Suite A Melbourne Beach, Florida 32951 Phone: (321) 956-6373 Fax: (321) 956-6060 Please be advised that this Firm, through its affiliate Coastal Title & Escrow Services, is holding in escrow in the sum of $21,110.00 on the account of the • Classic Concrete, Inc. i/c/w Imburgia Construction Services, Inc. Claim of Lien recorded on 10/14/1999 in Official Records Book 29938, Page 997 of the Public Records of Broward County, Florida, which sum represents twice the value of the amount claimed due therein. In the event the property owners defense of said Claim of Lien, which is presently in dispute, should prove unsuccessful, the escrow holder stands ready, willing and able to satisfy said Claim of Lien in accordance with the Undertaking and Authority provided to the escrow holder by the property owner. Very truly yours, Andrew B. Blasi For the Firm ABB/jaz � o .. X- ; `3 -n --+ ::: . Rai