HomeMy WebLinkAboutCity of Tamarac Resolution (34)Temp. Reso. #9650
January 2, 2002 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-34
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 CENTEX HOMES FOR THE
WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM IMPROVEMENTS INSTALLED FOR THE
SOUTHGATE VILLAGE PROJECT LOCATED AT 8700
SOUTHGATE BOULEVARD, FOR CITY OWNERSHIP;
AUTHORIZING AND DIRECTING THE CITY CLERK TO
RECORD SAID DOCUMENT IN THE PUBLIC RECORDS OF
BROWARD COUNTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Centex Homes has constructed the Southgate Village Project and
has installed the Water Distribution and Sewage Collection System Improvements in
accordance with the Site Plan approved by the City Commission on May 23, 2001,
which is located at 8700 Southgate Boulevard (a copy of which is attached hereto in
map form as "Exhibit 1"); and
WHEREAS, City Code Section 22-195(a), requires Centex Homes to transfer a Bill of
Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection
System Improvements installed for the Southgate Village Project; and
Temp. Reso. #9650
January 2, 2002 2
WHEREAS, Centex Homes has offered a Bill of Sale Absolute to the City of
Tamarac for the Water Distribution and Sewage Collection System Improvements
installed for the Southgate Village 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 Director of Utilities that the Bill of
Sale Absolute be accepted for the Southgate Village 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 Centex Homes for the Water Distribution and Sewage Collection
System Improvements installed for the Southgate Village Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
1
1
Temp. Reso. #9650
January 2, 2002 3
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 appropriate City Officials are hereby authorized to
accept a Bill of Sale Absolute (a copy of which is attached hereto as "Exhibit 2") from
Centex Homes for the Southgate Village Project Water Distribution and Sewage
Collection System Improvements located at 8700 Southgate Boulevard.
SECTION 3: The City Clerk is hereby authorized and directed to record
said document in the public records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: 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.
Temp. Reso. #9650
January 2, 2002 4
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED, AND APPROVED this 13th day of February, 2002.
ATTEST: -
MARION -S ENSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
j7MELL5rK F
CITY ATTORNEY
RG/DM/mg
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Aver
DIST 1: COMM. PORTNER ,4 e1
DIST 2: COMM. MISHKIN Ayer
DI�T 3: V/M SULTANOF Aby- nt
DIST 4: COMM. ROBERTS A -ye,
TEMP. RESO. # 9650
EXHIBIT 1
P.S. #2
— SITE
LOCATION
►-
06
0
F P L PHOENIX Z
SUBSTATION
EXXON W W W W W WSO��1 IC�1 IT` WL� V aCJWTX
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NATIONS ¢ W W �A,tr b a W P1N�SW a W if1
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SOUTHGATE VILLAGE
BILL OF SALE ABSOLUTE
SOUTHGATE_VILLAGE.DWG
07413/2001 10:44 5612834681 CPH ENGINEERS INC PAGE 08
�. _, ... _......_ _.. Exhibit 2
TAMARAC UTILITIES
BILL OF SALE ABSOLUTE
WATER & SEWAGE COLLECTION SYSTEMS
FOR: buFilG�c�ic1 V, it
Project Name
KNOW ALL MEN BY THESE PRESENTS, that �b mes
a NevacEa_ Ge -)�W Partl-)ershlp whose
address is 8 i q � IN P-d , S vt �6c 220, e-)vyr-)-fDn 'R62 , El 3Bq 3- in
the County of Pa%.N g,i and State of Florida, Party of the first part, for and in
consideration of the sum of ten dollars ($10,0�, 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 part, its successors and assigns, the following goods and
chattels:
All of the Water Distribution and Sewage
Collection System Improvements; together
with all appurtenances attached thereto,
which lie within the Public Rights -of -Way or
within Utility easements provided for Same
in the Plat of W0( iwon+
C-) ard en 5 Recorded in Plat
Book 135 , Page 3PJ of
the Public Records of Broward County.
981218 1 Bill of Sale Absolute
07/13/2001 10:44
5612834681
CPH ENGINEERS INC
PAGE 09
All of the above further described in "As-
Builts" Plans for SLVfhc1(2 fc-
V l I1 a q , a copy of which is on file
with the City of Tamarac.
Prepared by: Kathleen L. Hall
Land. Surveyors, Inc.,
1101 Holland Drive, Boca Raton, Fl 33487
Dated: January 4, 2002
TO HAVE AND TO HOLD the same unto the said party of the second part, its
successors and assigns forever.
The party of the First part does covenant to with 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 from 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 whomsoever.
981218 2 Bill of Sale Absolute
07/13/2001 10:44 5612634681 CPH ENGINEERS INC PAGE 10
IN WITNES EREOF, Grantor has hereunto set his hand and seal on the day and
year first ab v written.
/ (GRANTOR)
Witness �k&j b , , xe
Type Name __ '(�w� —
STATE OF FLORIDA
SS
COUNTY OF -d,, I F("t_C`,h
Type Name/Tltie 1R,yi v% ^ A',j1gkA* _
'r X NT- 8#5S CaRA 9 HOMW>
Type NamarrIbe
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 TrW+ _ 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 l to day of — 111, 1,
2001 .
ERIKA EiCHIWN
MY COMMISSION # CC 951449
EXPIRES; March 17, 2002
? Q;•' Bonded ThM Notary Public Underwdtf
;
✓) Personally known to me, or
( ) Produced Identification
�Uta� I�I�IJ
NOTARY PUBLIC, State of Florida
at Large
IE f{t \4A a'rC'k I Soil
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
wone,
Type of I.D. Produced
( ) DID take an oath, or ( v) DID NOT take an oath.
981218 3 Bill of Sale Absolute
FILE No.647 10/03 '01 19:38 TD: FAX: PAGE 1/ 8
CENTEX HOMES
• 8198 Jog Road, Suite #200 . Boynton Beach, FL 33437 • Phone: (561) 536-1031 • Fax: (561) 536-1060 •
FAX COVER SHEET
Date:
10/3/01
To:
pave Moore, Utilities Tech, City of Tamarac
Fax #:
9541724-2406
Re:
Southgate Shores
From:
Michael Nisenbaum
cc:
pave Abrams
YOU SHOULD RECEIVE EIGHT (01 PAGE, INCLUDING THIS COVER SHEET. IF YOU DO
NOT RECEIVE ALL THE PAGES, PLEASE CALL.
Attached is the Certification authorizing Trent Bass to sign on behalf of Centex Real
Estate Corporation that was previously provided by C.P.H. Engineering, as well as a
Certification linking Centex Real Estate Corporation to Centex Homes as its managing
general partner.
I trust this information satisfies any concern you've had over Trent's ability to represent
the company. If so, please allow the processing of this project to move forward_
Thank you for your timely assistance.
The information contained in this facsimile is CONFIDENTIAL and may be subject to Attorney/Client privilege or may constitute
Privileged work product. This information is intended ONLY for the use of the individual to whom it is addressed. If you are not
the intended recipient or recipient's agent, you are hereby notified that any use, dissemination, distribution, or copying of this
communication is strictly prohibited. If you have received this in error, please notify the sender immediately by telephone and
return this transmission to CENTF-X HOMES. Thank you,
FILE No.647 10/03 '01 19:39
JU/ 1.1/ uU 11. •iu rn.s •su .. ..
1uL-06-op THU 11:25 Aht CEi1TEX/0114
te
of
FAX:
FAX N4, 296865b
� 110�iaa
jhpurttnfs t of *fate
i certify from the records of this office that CEtNTEX HOMES is a Nevada
partnership, tiled on September 25, 1997.
?he document number issued to this registration is GP9700000635,
i further certify said partnership has not been canceled.
Given cinder my hand and the
Great Seal of the State of Florida
Twen y-sixth day of June, 2000s the
.5CA�"j
,_rsrrrri4ry V.If t&VTtc
Gn2E022 (1-99)
PAGE 2/ 3
FILE No.647 10/03 '01 19:39 )
VOt- ifl1
CLERK
Fitts c.i , Ut
OF �,iRCIT ti r011R?
MARTIN Go.. Fi.
01310223
FAX: PAGE 3�
rct%;ur(utu a vrmricu
BY "'. T*001
97-320088
06-20-97 07:50AM
98 JllL PM 4� k7
U'i$3 97'54 ifs 3S
CERTIFIED CORPORATE RESOLUTIONS
1, David A. Greenblatt, Assistant Secretary of Centex Real Estate Corporation, a corporation duly
organized and existing under the laws of the State of Nevada, do hereby certify that I have access to the records
and minutes of the proceedings of the Board of Directors of said Corporation; that the mOlutions set forth to the
Exhibit a attached hereto, signed on each page thereof by the Secretary or an Assistant Secretary of said
Corporation for identification, and hereby made a part hereof, were duly adopted by the Unanimous Written
Consent of said Board of Directors as of Jute 27, 1996, that said resolutions and the adoption thereof afe
consistent with the laws of said State, and with the Articles of Incorporation and the By-laws of said corporation;
and that said resolutions have not been revolved or amended and arc now in Fula force and effect.
IN WITNESS 'WHEREOF, I have hereunto set uty hand and affixed the corporate seal of said
Corporation this 2'"day of April, 1997.
O EAL �^AA`1
u os, l
David A. C irc=blatt, Assistant Secretary
Centex Real Estate Corporation
STATE OF TEXAS
COUNTY OF DA�LL4S $
On this, I' y of Aprt7, 1997, before me, a Notary Public, personally appeared David A. Greenblatt
who acknowledged that she executed the above instrument. J.
ISEAL) *EFILEY Notary Public in for S to as.
.:jade d Tsrraa My commission expires: d E)
.,rn+ssion.�±itee
..u0
µ:.RP-R}fOftESvl YTw�DESD�tA'. RE8
UNDA J. WERI.EY
Notary Punk, SW of Taxas
NNAUG�sOBUes
e L)
3
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FILE No.647 1O/O3 '01 19:39
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41
tiU'IiC ml- R. 1ini l CLEia PE CiiilFlM FL
USOLVED, that the Chairman of the Board, the President, any Executive Vice President and any Vice
President of the Corporation shall have authority limited to matters relating to the ordinary course of business
of the Corporation; the Division Presidents, Division Vice Presidents, Division Managers and Division
Controlleq shall have authority limited to matters relating to the ordinary course of business of the raspective
corporate division of which they are officers; and Project Managers shall have authority limited to matters relating
to the ordinary course of business of the Corporation relative to their projects; and further
RESOLVED, that the Chairman of the Board, the President, any Executive Vice President and any Vice
President of the Corporation are hereby each individually authorized on behalf of this Corporation, with respect
to the operations of the Corporation, to execute and deliver on behalf of this Corporation, in such cities, towns,
villages, counties and states where the Corporation does business and has operations, with or without a corporate
seal, (i) applications, tentative and final subdivision plats and maps, development agreements and all other
documents which are relevant or incident to the development of real property in which the Corporation has any
intcrst, (ii) connacts, deeds of conveyance and all other documents which arc relevant to the sale and closing of
the sale of homes to consumers and (iii) 4 other documents necessary or appropriate to accomplish the purposes
of this resolution: and fur dicr
RESOLVED, that the Division Presidents, Division Vice Presidents, Division Managers and Division
Controllers of each of the Corporation's divisions arc each hereby individually authorized on behalf of this
Corporation, with respect to operations of the Corporate division for which he or she is an officer, to execute and
deliver on behalf of this Corporation, in such cities. towns, villages, counties and states where such Corporate
division does business and has operations, with or without a corporate seal, (i) applications, tentative and final
subdivision plats and maps, development agreements and all other documents which Ste relevant or incident to
the development of real property in -which the Corporation has any interest, (ii) contracts, deeds of conveyance
Am all other documents which are relevant to the sale and closing of the sale of homes to consumers and (iii) all
other documents necessary or appropriate to accomplish the purposes of this resolution; and furthex
RESOLVED, that the Project Managers of this Corporation are cash hereby individually authorized on
behalf of this Corporation, with respect to operations of the Corporation rclAdvc to the Projcet managed by such
Project Manager, to esxute and deliver on behalf of this Corporation, in such city, town, village, county or state
where such project is located, with or without a corporate seal, (i) applications, tentative and final subdivision
plats and maps, development agreements and all other documents which are relevant or incident to the
devclopmeru of real property in which the Corporation has any interest, (H) contr". deeds of conveyance and
aU other documeno which aro relevant to the sale and closing of the sale of homes to consumers and (iii) all other
documents nw—casary or appropriate to accomplish the purposes of this resolution.
H:1RESH0MtS\V1STA0EED_At.T TES
u
FILE No.647 10/03 '01 19:40
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ci= I g� 7— 7% 253
CERTIFICATE OF INCUMBENCY
1, David A. Greenblatt, hcrzby canify that I am the duly Wooled and incumbent Assistant Secretary of
Comex Rcal Estate Corporation, a Nevada corporation. I further rectify that the fallowing individuals have been
duly elected to, and currently hold, the respective offices in said corporation set forth opposite ouch said
individual's name.
W. Trent Bass
Alton E. Dwyer
Michael I. Belmont
Leona L. Hammond
president -Southeast 'Florida Division
Vice President Land Development -Southeast Florida Division
Manager (Palm Beach) -Southeast Florida Division
Controller -Southeast Florida Division
and Assistant Secretary
IN WITNESS WHEREOF, i have hereunto set my hand and affixed the corporate seal of said
Corporation uhisL' day of April. 1997.
SEAL % David A. Greenblatt
3 : = Assistant Secretary
Centex Rrni Estate Corporation
STATE OF TEXAS $
$
COUNTY OF DAL.LAS $
On ft;; Iasy of April, 1997, bem me, a Notary Nblic. personally appeared David A. Gmanbtatc who
acknowledged that he executed the above instrument.
LIry pu J. WFISW al EY
Tr
as NUaty PubFc. � d Tarac
My Comrramn r F as
[SEAL AUGUST 20, Natsry Public ' d for Scat9 of Texas.
H,�R[SNOMk4�l!'SrA�D119D f:A.R25
0RBA1 323 tOC2077
RECORDED IN THE OFFICIAL RECORDS 300a
Of BROWARD COUNT'(, FLORkDA
CoutM 4MINt3TRATOR
0
n
N
a.
an
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O
FILE No.647 10/03 '01 19:40
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CErr'TE.�C REAL ESTATE CORPORATION
CERTIFIED CORPORATE RESOLUTION
I, Brian J. Woram, Senior Vice President, General Counsel and Assistant Secretary of Centex Real
Estate Corporation, a corporation dWy organized and existing under the laws of the State of Nevada
(the "Corporation") and m&aatins general panaer of Centex Homes, a Nevada general partnership
(the "Partmership"), do hereby certify that I have access to the records and minutes of the proceedings of the
Board ofDirectors of the Corporation and of the management of the Partnership; that the resolutions set forth
in the Exhibit A attached hereto, and hereby made a part hereof, were duly adopted by the Unanimous
Written Consent of the Board of Directors as of May 1, 1998; that the resolutions and the adoption thereof
arc consistent with the laws of the State of Nevada, and with the Articles of Incorporation and the By-laws
of the Corporation; and that these resolutions have not been revoked or amended and are now in fur. force
and effect.
IN WIINvESS WHEREOF, I have hereunto set my hand and affixed the comorate seal of tie
Corporation this 18' day of Novemger 1999.
Ot,.po rip
E ''N,�Y
STATE OF TEXAS §
COUNTY OF DALLAS §
C ATE CORPORATION
7
Briar. J. Woram
Senior Vice President, General Cof.L-istl and
Assistant Secretary
On this 181 day of Novrmber, 1999, before me, a Notan• Public, personally appeared Bran I
Woram who acLmowled;ed that he executed the above iti nsument.
7N['Ft K. MGYAIER
�S i NOTARY PUBLIC
• State e( Tax"
sta, tt� Ccxw. Ems. 12-30-20M
n ; I3 FL.:r. -p0
Notary Public in and for State of Tcxas
)✓!y com:,tiSSior, expi: es:
FILE No.647 10/03 '01 19:40 j: FAX: PAGE ?i IS
Elx7 IB1T A
RESOLVED, that the Chairman of the Board, the President, any Executive Vice President and any
Vice President of the Corporation shall have authority limited to matters relating m the ordinary course of
business of the Corporation, both in the Corporation's own capacity and as managing general pager of
Comex homes, a Nevada general partnership ("Parmership"); the Division Presidents, Division Vice
Presidents, Division Managers and Division Controllers shall have authority limited to matters relating to
the ordinary course oT business of *.he respective corporate division of which they are officers, both in the
Corporation's own capacity and as managing general parme% of the Partnership; and further
RESOLVED, that the Chairman of the Board, the President, any Executive Vice President and any
Vice President of The Corporation are hereby each individually authorized on behalf of the Corporation, both
in the Corporation's own capacity and as managing general partner of the Partnership, with respect to the
operations of the Corporation, to execute and deliver on behalf of the Corporation, both in the Corporation's
own capacity and as managing general partner of the Partnership, in such cities, towns, villages, counties and
states where the Corporation or the Partnership does business and has operations, with or without a corporate
seal, (i) applications, tentative and final subdivision plats and maps, development agreements and all other
documents which are relevant or incident to the development of real property in which the Corporation or
the Partnership has any interest; (ii) contracts, deeds of conveyance and all other documents which are
relevant to the sale and closing of the sale of homes to consumers; and (iii) all other documents necessary
or appropriate to accomplish the purposes of this resolution; and further
RESOLVED, that the Division Presidents, Division Vice Presidents, Division Managers and
Division Controllers of each of the Corporation's divisions are each hereby individually authorized on behalf
of the Corporation, both in the Corporation's own capacity and as managing general partner of the
Partnership, with respect to operations of the corporate division for which he or she is an officer, to execute
and deliver on behalf of the Corporation, both in the Corporation's own capacity and as managing general
partner of the Partnership, in such cities, towns, villages, counties and states where such corporate division
does business and has operations, with or without a corporate seal, @ applications, tentative and final
subdivision plats and maps, development agreements and all other documents which are relevant or incident
to the development of real property in which the Corporation or the Partnership has any interesz;
contracts, deeds of conveyance and all other documents vvnich are relevant to the sale and closing of the
sale of homes to consumers; and (Ili) all other documents necessary or appropriate to accomplish the
nun -poses of t*ris resolution; and fisrther
RESOLVED, that the Development Managers of the Corporation are each hereby individually
a,a-ihorized on behalf of the Corporation, both L' the Corporation's own capacity and as managing gererai
partner of the Pa mership, with respect to operations of the Corporation: or the Partnership r vlanve to the
pro}cet managed by such Development Manager, to execute and deliver on behalf of the Corporation, both
in the Corporation's own capacity and as managing general partner of the Partnership, in suer. city, toNm,
village, county or state where such projcet is 'located; with or without a corporate seal, (1) apph a• ons,
tentative and final subdivision plats and reaps, development a_reements and all otl^er documents which are
relevant or incident to the development o,`real, property' in which the Corporation or the Partnership has an,,
;r.tcrese, and (ii) all of ,�- doCutl2e- necessary or appropriate to accomplish the purrposes of this -esolutuor.,
and
H �Cvn,:nlS�HomerCASG199v09C4 PL.m yt
FILE No.647 10/03 '01 19:41 ):
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RESOLVED, that for the divisions listed below, Development Managers are each hereby
individually authorized on behalf of the Corporation, both in the Corporation's own capacity and as managing
general parmer of the Partnership, with respect to operations of the Corporation or the Partnership relative
to the project of the Division of such Development Manager, to execute and deliver on behalf of the
Corporation, both in the Corporation's own capacity and as managing general partner of the Partnership, in
such city, town, village, county or state where such project is located, with or without a corporate seal, (i)
applications, tentative and anal subdivision plats and maps, development agreements and all other
docents which are relevant or incident to the development of real property in which the Corporation or
the Partnership has any interest; and (ii) all other documents necessary or appropriate to accomplish the
Purposes Of this resolution;
State Sion
Florida Bradenton/Sarasota Division
Naples/Ft. Meyers Division
North Florida Division
Orlando North Division
Orlando South Division
Southeast Florida Division
Tampa Division
Georgia Atlanta Division
South Carolina Greenville Division
Columbia Division
a d fu*thCr
RESOLVED, that Assistant Seere=.es have the authority to execute and deliver on behalf of Ire:
Corporation; both in the Corporation's own capacity and as managing general partner of the Partner ship, in
such city, town, village, county or state where such project is located, with or without a corporate sea',
(1) applications, tentative and final subdivision plats and maps, development agreements and all othe:-
docsments wliich are relevant or incident to the development of real property in which the Corporation or
the Parmership has any interest; (ii) contracts, deeds of conveyance and all other docur)nit: \,04ich a:-c
relevant to the sale and closing of the sale o:'riorries to consumers; and (iii) all other C10CikU:�11t5 nec:essa;�
or appropriate to accomplish the purposes of tl:2s resolution; and fur`htr
RESOLVED, that all lawful ac;s, 7ans?.c6ons or agreements, in connection with any suer:
application, plat, development agreement, contract, dyed of conveyance, or other such docunicial rela?it;g ;o
the devclopr ent of real property or the sale and closing of sale of hornes to consumers as speei];cali,:
described in the irtmediatciy preceding resolution, undertaken prior to the adoption of suc7 resolution r;
any Assistant Secretary of the Corporatior., _.:her in the Corporation's own capacity or as managing, genera:
pa=er of the Partnership, art hereby rat,,f:_d, confirn•:ed and adopted by the Corporation,.
n 10940004 F'_ cr, WpZ