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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-343u Temp. Reso. #5265 1 CITY OF TAMARAC, FLORIDA 2 RESOLUTION NO. R-88-�=fZ3 3 A RESOLUTION ACCEPTING AN ASSIGNMENT OF WATER 4 AND SEWER DEVELOPER AGREEMENTS FOR UNIVERSITY CLUB APARTMENTS FROM BRADLEY CONSTRUCTION 5 COMPANY, INC., TO UNIVERSITY CLUB ASSOCIATES; APPROVING AN ACKNOWLEDGMENT AND CONSENT TO 6 1 ASSIGNMENT TO BE EXECUTED BY THE CITY; APPROVING AN ACCEPTANCE AND ACKNOWLEDGMENT OF 4 AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY UNIVERSITY CLUB ASSOCIATES; AND PROVIDING 8 AN EFFECTIVE DATE. 9 10 WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developers Agreements for University Club Apart- 11 ments, the City of Tamarac shall approve all 12 13 assignments of the Water and Sewer Agreement; and 14 WHEREAS, pursuant to Part IV(A) of the Water and 15 Sewer Developers Agreements, the City shall be a party 16 to said assignment; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA. LV 21 SECTION 1 that the City of Tamarac hereby: 22 23 1) approves and accepts the Assignment of the 24 Water and Sewer Developers Agreements, 25 attached hereto and made a part hereof as 26 Exhibit "A"; and 27 28 .29 2) approves the Acknowledgment of Agreement and 30 Consent of Assignment for the University Club Apartments, to be executed by the City of Tamarac and attached hereto as Exhibit "B"; 33 and 34 35 1 OR Temp. Reso. #5265 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 26 27 28 29 30 33 34 35 3) approves the Acceptance and Acknowledgment of Agreement and Consent to Assignment executed by University Club Associates and which is attached hereto as Exhibit "C". SECTION 2 That the City Clerk is hereby instructed to ensure recordation of each of the documents referenced above. SECTION 3 This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this.Zg day of 1988. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ";'146 1 RICHARD L. D00 CITY ATTORNEY reso.univ.club RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ 11W- 'e DISTRICT 1: C/M ROHR DISTRICT 2: V/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4: C/M BENDER 2 R-gg-3 13 XN16/r `/I ra R- g8- 3-f 3 ASSIGNMENT KNOW ALL MEN BY THESE PRESENT THAT BRADLEY CONSTRUCTION CO., INC.. , party of the first Part, in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS, and other valuable considerations, received from or on behalf of University is Club Associates party of the second part, at or before t.r,e nsealing 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 to109.85 ERC units also known as Utility Connections as referred to in that certain agreement dated December 23 1986 by and between Bradle Construction Co-, Inc. , 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 December 23, 1986 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. IN WITNESS WHEREOF, the undersigned has hereunto set �s hand and seal, this llth- day of November 1988. In the presence of: It,- -Phn C. Hartmen Erin Kalbli STATE OF FLORIDA COUNTY OF 13RADL Y ON TR TI N C-,,--INC. BY- zcha B. Funk, President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the County and State aforesaid to t:"Te acknowledgements, personally appeared Richard B. Funk to me known to be the person described in and who executed 'the same on behalf of said corporation. day of November WITNESS my hand and official seal this llth 1988. My commission expires: Amery Pdtitle ft"ete if Tsma st ftrv'e MY Commission Expires !dared 12. 1222 /onded BY Iowa Kational les-tm+ I Notary Public a V R-99--3 q3 ACKNOWLEDGEMENT OF AGREEMENT AND CONCENT TO ASSIGNMENT The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as ofDgQ,embel= 23,1986 it entered into a Water and Sewer Developer's Agreement concerning University Club A artments "Developer's Agreement", with BRADLEY QQN5jjjjf2,TON CO INC. , as Developer, a copy of which Agreement is attached hereto as Exhibit "A". The Developer's Agreement was subsequently assigned by BRADLEY 44 CONSTRU IN C�O -UNIVERSITY CLUB ASSOCIATES by Assignment dated The City hereby copse t to t�-, a signment of the Developer's Agreement from B�A�LEY EFAAR ln� UO. I��6 UNIVERSITY _T.11B ASSOCIATES ATTEST: ATTEST: �7 City Clerk STATE OF FLDR DA COUNTY OF THE CITY OF TAMARAC #M,44� rO �0141�t4gt� By Mayor Date CrIAI& City Manage Date Approved as to form • By l City Attorney Before me personal��peared �, as Mayor of the City of Tamarac,, a� y Manager of the City of Tamarac, and CttTtz as City rk of the City of Tamarac, to me well known and known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal this oV % day of I- 19g� • MY COMMISSION EXPIRES: _ NOT ARY PUBLIC NOTARY PIMLIC STATE OF FLORIDA NY CORRISSION EXP SEPT 17,1990 6ONDE0 IMAU SENERAt INS. UkD. e7XHI6/T To A_ fsc--3,13 Acceptance andand Acknowledgement to Assignment nment Agreement _ a ement of A UNIVERSITY CLUB arty of the second part agrees to accept assignment of Utility Connections. 0 WITNESSETH: anielle B. Miller STATE OF FLORIDA COUNTY OF Pinellas By Gregory A. Nicho s,Partner By. Before me personally appeared Gregory A. Nichols to me well known and known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument, for the purposes therein expressed. WITNESS my hand and official seal this llth day of November, 19 88. , MY COMMISSION EXPIRES: t(3_ NOTARY PUBLIC Notary Public, State of Florida at Large My Commission Expires MAR, 31, 1901 0