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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-128Temp. Reso. #9376 April 23, 2001 1 Revision 1, May 14, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-128 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN ASSIGNMENT OF THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH NORANDA DEVCO JOINT VENTURE, A FLORIDA GENERAL PATNERSHIP FOR THE MCNAB PLAZA NORTH PROJECT TO TAMARAC L.L.C., A FLORIDA LIMITED LIABILITY COMPANY; APPROVING AN ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY TAMARAC L.L.C., A FLORIDA LIMITED LIABILITY COMPANY; APPROVING AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN NORANDA DEVCO JOINT VENTURE, A FLORIDA GENERAL PARTNERSHIP AND TAMARAC L.L.C., A FLORIDA LIMITED LIABILITY COMPANY FOR MCNAB PLAZA NORTH PROJECT LOCATED ON THE EAST SIDE OF UNIVERSITY DRIVE BETWEEN MCNAB ROAD AND NW 72"d STREET; 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, Noranda Devco Joint Venture, a Florida General Partnership executed a Water and Sewer Developer's Agreement with the City of Tamarac on September 16, 1980; and Temp. Reso. #9376 April 23, 2001 2 Revision 1, May 14, 2001 WHEREAS, Noranda Devco Joint Venture, a Florida General Partnership, owner of the McNab Plaza North Project located on the east side of University Drive between McNab Road and NW 72nd Street (attached hereto in map form as "Exhibit 1") transferred ownership to Tamarac L.L.C., a Florida Limited Liability Company; and WHEREAS, Noranda Devco Joint Venture, a Florida General Partnership, has requested an assignment of the Water and Sewer Developer's Agreement to Tamarac L.L.C., a Florida Limited Liability Company; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the McNab Plaza North 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 Noranda Devco 1 1 Temp. Reso. #9376 April 23, 2001 3 Joint Venture, a Florida General Partnership, and Tamarac L.L.C., a Florida Limited Liability Company 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 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 Noranda Devco Joint Venture, a Florida General Partnership, Inc., and Tamarac L.L.C., a Florida Limited Liability Company for the McNab Plaza North 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: That the City of Tamarac hereby approves and accepts the Assignment of the Water and Sewer Developer's Agreement executed by Noranda Temp. Reso. #9376 April 23, 2001 4 Devco Joint Venture, a Florida General Partnership (attached hereto as "Exhibit 2") for the McNab Plaza North Project located on the east side of University Drive between McNab Road and NW 72d Street. SECTION 3: That the City of Tamarac hereby approves the Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by Tamarac L.L.C., a Florida Limited Liability Company (attached hereto as "Exhibit 3") SECTION 4: That the City of Tamarac hereby approves the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement for the McNab Plaza North Project (attached hereto as "Exhibit 4"), and authorizes the appropriate City Officials to execute said Acknowledgement and Consent to Assignment. SECTION 5: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. SECTION 6: All resolutions or 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 1 Temp. Reso. #9376 April 23, 2001 5 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 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 23rd day of May, 2001. JOE SCHREIBER MAYOR AT EST: - - MARION Sw NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL"S. KRAF CITY ATTORNEY TR/DTM/db RECORD OF COMMISSION VOTE: MAYOR SCHREIBER C DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN_ DIST 3: V/M SULTANOF_ DIST 4: COMM. ROBERTS EXHIBIT I Irk;MY. HESU. # Y:i"!t3 W W W W W W W w W w W ' /,ff w cR �� W W W w W W W W W W f W / W W W W w W w FERN CIR 'Y 79 ST W* 1yo " n TR55 f fON/, W R W W ¢ TR56 ] ¢ �0 Q /f/ co 78 CT AVAL❑N ^ �7 w Y W w w w W •W❑❑DM❑Nt .� ST Ti-J�' pjNES CIR ESTATES 78 PL o m 78 CT COUNTRY w W W w w r, CLUB 78 ST w W W= W W W W O w W W w jf THE CENTRE W❑❑DM❑NT ^ J W w �' l z Ln q- Q f//f� y X V n r- W W W + Q f p 04 W w W W TR74 c Q 77 ST H - w W W W W w , W W Q �03 f TAMARAC Q W W w w 4 z [v cj SCHOOL S. W w 1] C I7 Q Pa f Q. 7 Oar ti n v , ¢'q� Q rRp AL PALM �o 0- JcLLJ w PAL T CIR � ���� n 1> S.BELL a w w SIL a 73 / �Q,` TAMARAC PARK CD E a PAL CT �4 Q A 76 ST w p�.�`�S TR75 w C 73 ST TOWN PLAZA n I. ¢ A w w ' -rrr h 75 N w A 17 ENVIRONMENTALLY f (� W 9a C r LAN r 74 ST W VMDMONT Al p w r r J 73 ST / / f w r r UNIV. UNIV. TAMARAC MED. r r MED CTR MED. ARTS CTR Z PICCADILLY CT w w w w rr 72 Z ST r r UNIVERSITY ST 72 ST I? HOSPITAL AND p MEDICAL CENTER 71 CT R72B f f Q w w 7 71 CT PARK w w w d OAF ff1 CT W 71 ST THERAPEUTIC174 W w E�pO 1~ 7 TR72C a ACAD MY CD � WINN IX E TR72A / PT APP E K HIL ^ 70 ST a �z 70 CT WENDY'S >- o z w w� roc L w ¢ � z �-w F~-y W❑❑DMQNT W❑❑DM❑NT ALL SAINTS 1st UNION HANK SITE �..A o pJq r¢ w z z ¢ pq 7z w W C❑MM❑NS PLAZA LUTHERAN NATIONS SHELL LOCATIO w h W u- x .. 0 -13 BANK fol ■ uw .. w w w w w McNAB R❑ A D BANK K TEXAC❑ TAMARAC w w W W W CONCORD VILLAGE PLAZA w w W w W w w �W4J❑ W W W W W W W v UNIVERSITY W w w W W W -V LA W w W w W w W w W W W W TS. W W W w �\ W w COMMONS W W w W W W W !ice w SANDS P❑INT r y W W CAN W W W W\ W W W w w NpNGATE W W BELLE ERRE W w W CpWNY W w V ❑F W w { N. L`rR w w TAMARAC SAILL W W W n w w FR w w ES GARDENS w w McNAB F'LALA NUK 1 H.UWU McNAB PLAZA NORTH ASSIGNMENT, ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT. Exhibit 2 TAMARAC UTILITIES ASSIGNMENT FOR:. McNab Plaza North Name of veveiopment KNOW ALL MEN BY THESE PRESENT THAT Noranda Devco Joint Veature, a F1 nrida General Partnership having an address of _ 2299 Douglas Road - 4th Floor Miami - F1 '13.145 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 L C , a Florida Limited having an address of 109 Los An eles CA 90024 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 McNab Plaza North ff jC units also known as Utility Connections as referred to in that certain Agreement dated by and between N o as Developer, and the CITY OF TAMARAC, a municipal corporation of ttte State of Florida, as City, which Agreement has been assigned to Seller. A copy of said Agreement dated October 26. 1982 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 ' 0tt23/01 FRI 11:23 FAX 30 89490 MWB & M [a ` 0�/2 /2001 10.29 954 6-2057 a SULLIUAO _- PA(iE 03 IN WITNESS WHEREOF, the undersigned has hereunto set Its hand and seal, this � e ' day of k& , Iff Z2c � 1 In the presence of. t'i-�v�sirr l''/UrfMG VAZN _By" �iUA JA <<•a.- �k ties S (CORPORATE SEAL) ©re r �oanFVevrlu Lk f7��✓IUrit P{'AYGX L !y/l'✓.i�LG An to v. STATE OF FLORIDA DAQZ—: : SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and the County resaid to take acknowledgments, personally appeared Z -tv A GA - to me known to be the peraon(s) described in and who executed the foregoing Instrument and -V-- acknowledged before me that I-C7— executed the same. WITNESS my hand and official seal this day of IN Z� 1 1---) 11 (LOersonally known to me, or ( ) Produced Identification ( ) DID take an oath, or ( NOTARY PUBLIC,'State' •of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) ) DID NOT take an oath. , S 8641014 2 Assignrnt.wpd Exhibit 3 TAMARAC UTILITIEj ACC PT NCE AND ACKNO ED MENT F AGREEMENLAND CONSgNT TO ASSI NMENT FOR: MQNab Plaza North Name of Development Tamarac LLC a Florida Limited Liability Co ration having an address of 10933 Well.worth Avenue,#6, L.A. CA 90024 part� of the second part, agrees to accept assignment of Utility Connections. t ATTEST- CO 10 T 71 Y By: By: Type Name AD / �_ Type Name Conrad C. Baker Pr®fieaTy M,aaaG EP, President (Corporate Seal) STATE OF FLORIOA SS COUNTY OFArz21 .// I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in th-0 County aforesaid to take acknowledgments, personally appeared �Gan�� e���� -- to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that /7,'�— execut d thp same. WITNESS my hand and official seal thisday of wps„n,,w NOTARY PUBLIC, State of Florida arww *my Comm*slon cc8432o•► at Large 'Vowtgkee June 3.2003 (Name of Notary Public: Print, StamP, or type as Commissioned) (Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( "") DID take and oath, or ( ) DID NOT take an oath. Acceptance and Acknowledgment of "EXHIBIT 4" TAMARAC UTILITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: _.McNab Plaza North Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of 00 ► , it entered into a Water and Sewer Developer's Agreement concerning mcNab_ Plaza North "Developer's Agreement", with Tamarac, L.L.C,_a Florida Limited Liabili Corporation as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by Noranda Devco Joint Venture to Tamarac L.L.C. a Florida limited Liability Corporation by Assignment dated March 3, 2001. The City hereby consents to and approves the Assignment of the Developer's Agreement from Noranda Devco Joint Venture to Tamarac_,_ L.L.C._ , a Florida limited Liability Cor oration. 980605 1 Acknowledgement of Agreement And Consent to Assignment 4 ATTEST: By: Marion Swenson, CIVIC City Clerk ACCEPTED BY CITY OF TAMARAC By: 5C� - Joe S,,hreiber Mayor Date: 6- 2 q _d l By: mow/ JeffreyL/pAillef City Manager Date - prove as t� form STATE OF FLORIDA Mitcraft, : SS Cithely At Korney COUNTY OF '?>rcu)a Y6y : 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 c�n�jjri�jber AI,lle,-to me known to be the person(s) described in and who executed the foregoing instrument and Wt&,t acknowledged before me and under oath that A-4 executed the same. WITNESS my hand and official seal this 2 9 day of G , 20 0/ TV VW...• �a..r ■ .. , • ■ ✓S Personally known to me, or Produced identification ( ) DID take an oath, or ( NOTARY PUBLIC, State of Florida at Large �qkol-) X/" 1 PSj1?1a X�GGcaS kj (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced -Y'6ID NOT take an oath 980605 2 Acknowledgement of Agreement And Consent to Assignment