HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-153Temp. Reso. #9403
May 21, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-153
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING AN ASSIGNMENT
OF THE WATER AND SEWER DEVELOPER'S AGREEMENT
WITH HIGGINS DEVELOPMENT PARTNERS, L.L.C., FOR
THE SONNY'S ENTERPRISES PROJECT TO FAZIO
HOLDINGS, L.P.; APPROVING AN ACCEPTANCE TO
ASSIGNMENT EXECUTED BY FAZIO HOLDINGS, L.P.;
APPROVING AND EXECUTING AN ACKNOWLEDGEMENT
OF AGREEMENT AND CONSENT TO ASSIGNMENT
BETWEEN HIGGINS DEVELOPMENT PARTNERS, L.L.C.,
AND FAZIO HOLDINGS, L.P., FOR THE SONNY'S
ENTERPRISES PROJECT LOCATED AT 5605 HIATUS
ROAD AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE SAID ACKNOWLEDGEMENTS;
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, Higgins Development Partners, L.L.C., executed a Water and Sewer
Developer's Agreement with the City of Tamarac on June 14, 2000; and
WHEREAS, Higgins Development Partners, L.L.C., owner of the Sonny's
Enterprises Project located at 5605 Hiatus Road (a copy of which is attached hereto in
map form as "Exhibit 1") transferred ownership to Fazio Holdings, L.P.; and
Temp. Reso. #9403
May 21, 2001 2
WHEREAS, Higgins Development Partners, L.L.C., has requested an
assignment of the Water and Sewer Developer's Agreement to Fazio Holdings, L.P.;
and
WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's
Agreement for the Sonny's Enterprises 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 to Assignment be approved; and that the
Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer
Developer's Agreement between Higgins Development Partners, L.L.C., and Fazio
Holdings, L.P., 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 to
Assignment; and 3) Approve and execute the Acknowledgement of Agreement and
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Temp. Reso. #9403
May 21, 2001 3
Consent to Assignment of the Water and Sewer Developer's Agreement between
Higgins Development Partners, L.L.C. and Fazio Holdings, L.P., for the Sonny's
Enterprises 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: The City of Tamarac hereby approves and accepts the
Assignment of the Water and Sewer Developer's Agreement executed by Higgins
Development Partners, L.L.C., (a copy of which is attached hereto as "Exhibit 2") for the
Sonny's Enterprises Project located at 5605 Hiatus Road.
SECTION 3: The City of Tamarac hereby approves the Acceptance to
Assignment executed by Fazio Holdings, L.P. (a copy of which is attached hereto as
"Exhibit 3").
Temp. Reso. #9403
May 21, 2001 4
SECTION 4: The City of Tamarac hereby approves the Acknowledgement
of Agreement and Consent to Assignment of the Water and Sewer Developer's
Agreement for the Sonny's Enterprises Project (a copy of which is attached hereto as
"Exhibit 4"), and authorizes the appropriate City Officials to execute said
Acknowledgement of Agreement and Consent to Assignment.
SECTION 5: The City Clerk is hereby authorized and directed to record
said documents 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
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.
I-]
Temp. Reso. #9403
May 21, 2001 5
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 27 day of June, 2001.
'VI;2 C, ">S 1�� '4'-/ -
,. JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION.SWENSON, CMC
CITY CLERK MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
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CITY AT R Y
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1
EXHIBIT I
TEMP. RESO. # 9403
SONNY'S ENTERPRISES SUNNY'J_tN I .ywu
ASSIGNMENT, ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT
AND CONSENT TO ASSIGNMENT AND ACKNOWLEDGEMENT OF
• 0, T%rn"% FT1 vm • %TT r4 WTn T11TT TA • c-1 e4T ri 7LT1 /TlwTm
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Exhibit 2
TAMARAC UTILITIES
ASSIGNMENT
FOR: SONNY'S ENTERPRISES, INC._
Name of Development
KNOW ALL MEN BY THESE PRESENT
THAT HIGGINS DEVELOPMENT PARTNERS L.L.C. having an address of
101 EAST ERIE SUITE 800 CHICAGO IL 60611 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 FAZIO HOLDINGS, L.P. having an
address of 1400 SOUTHWEST 33RD PLACE, FORT LAUDERDALE, FLORIDA 33315,
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 10.5 ERC units of water service and 8 ERC units of
sewage treatment plant capacity also known as Utility Connections as referred to in
that certain Agreement dated JUNE 14 2000 by and between HIGGINS
DEVELOPMENT PARTNERS L.L.C., 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 JUNE 14, 2000 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
FTL:770340:1
M
IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this
/& day of 2 /'L , 2001.
In the presence of:
f�1
Print Name. rA, C, AMbrG12
Print Name: >'rx•+�.
(CORPORATE SEAL)
STATE OF ILLINOIS
SS
COUNTY OF COOK
HIGGINS DEVELOPMENT
PARTNERS, L.L.C.
By:
Its: SW�
Printed Name: � McC_oerw < Gc
Dated: Z/y (, o
If I
HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowlents,
personally appeared the �' , ,
of Higgins Development artners, L.L.C., a Delaware limited liability company, to
me known to be the person(s) described in and who executed the foregoing
instrument and acknowledged before me that /('�)%''x- executed the
same.
WITNESS my hand and official seal this
6- day of G �
2001.
NOTARY PUBLIC, State of
Illinois at Larape
'0F ;!C:LAL SEAL
A RLENE C PAYNE
F,'31TARY
PUBLIC STATE -OF 1LLIl`01S
(Name of
Nrl
Print, Stamp,
or Type as Commissioned)
( �O Personally known to me, or
( ) Produced Identification
) DID take an oath, or (
9641014
FTL:770340:1
DID NOT take an oath.
2
Assignmt.wpd
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Exhibit 3
TAMARAC UTILITIES
ACCEPTANCE To ASSIGNMENT
FOR: SONNY'S ENTERPRISES, INC.
Name of Development
FAZIO HOLDINGS L.P., having an address of 1400 SOUTHWEST 33R1 PLACE, FORT
LAUDERDALE 33315 party of the second part, agrees to accept assignment of Utility
Connections.
FAZIO HOLDINGS, L.P., a Florida
limited partnership,
By: FAZIO OPERATING SYSTEM
L.L.C., a Florida limited TM
company, ene I pa r
By:
Its:-
�, z-
Printed Name:_
Dated: 50/Z --
STATE OF FLORIDA:
: SS
COUNTY OF a- 0
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take ack owledgments, personally appeared
- -1 - _ the i ,'rz_ of FAZIO OPERATING
SYSTEMS, L.L.C., a Florida limited liability company, general partner of FAZIO HOLDINGS, L.P.,
a Florida limited partnership, to me known to be the person(s) described in and who executed the
foregoing instrument and N,� acknowledged before me and under oath that h4 l�- _ era ad
the same.
WITNESS my hand and official seal this AS day of/�-
2001.
Doc#: 243973 Vcr#:1 990582:0001
NOTARY PUBLIC, State of Florida
Ze ' ,.
J�I 0
tvnJ
(Name of Notary Public: Print, Stamp, or type
as Commissioned)
Philip E. Brown
-Cammisslon # CC 792747
s Expires NOV 23, 2W
.. BONDED THN
►1tt AT? Mrrrnnot"mn r.n INC.
6l
Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
7(DIDtake and oath, or( ) DID NOT take an oath.
Doc#:243973 Ver#:1 990582:0001
Exhibit 4
TAMARAC UTILITIES
ACKNOWLEDGMENT OF AGREEMENT
AND CONSENT TO ASSIGNMENT
FOR: SONNY'S ENTERPRISES INC.
Name of Development
The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby
acknowledges that effective as of JUNE 14, 2000, it entered into a Water and Sewer
Developer's Agreement concerning WATER AND SEWAGE DISPOSAL SERVICE
FROM THE CITY, "Developer's Agreement", with HIGGINS DEVELOPMENT
PARTNERS L.L.C. as Developer, a copy of which Agreement is incorporated by
reference.
The Developer's Agreement was subsequently assigned by HIGGINS DEVELOPMENT
PARTNERS, L.L.C. to FAZIO HOLDINGS, L.P. by Assignment dated April 16. 20Q1
The City hereby consents to and approves the Assignment of the Developer's
Agreement from HIGGINS DEVELOPMENT PARTNERS L.L.C. to FAZIO HOLDINGS
L.P..
980605
FTL:770342:1
1 Acknowledgement of Agreement
And Consent to Assignment
ATTEST:
By: .ti,
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
By:
Joe 66reiber
Mayor
Date: (.e 2 7, 2, vo
�effrey L. filler
City Manager
Date: Q"-t 27, 2 00/
M
as M form:
SS �. City Attorney
COUNTY OF
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
Joe eCi/' - A4 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 27�' day of L"d,x.'(—_
2g�.
rVTVVWVTVVTTVVVVVVVVWVv*•wvvvvrlr
i
( Personally known to me, or
( ) Produced identification
4x _
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or(,-) DID NOT take an oath
980605
2
Acknowledgement of Agreement
And Consent to Assignment
JUN-07-2001 13:46 HIGGINS DEU PARTNERS 3129434999 P.02f02
CERTIFICATE O
The undersigned, being the duly elected Secretary of HIGGINS DEVELOPMENT
PARTNERS, L.L.C., a Delaware limited liability company ("Company") hereby certifies that the
following officers of the Company are authorized to execute any and all documerlts conveying
real and personal property in connection with the Westpointe Development in Tamarac, Florida,
to -wit:
Gerald Pientka T President
Robert McCormick — Vice President
IN WITNESS WHEREOF, the undersigned Secretary of the Company has executed this
Certificate on this 7 4 " day of►�. , zoo r .
Signature:
Printed NamA
10
Title; c
STATE OF :ZI11-1t>I
S5:
COUNTY OF eve )
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, the forcgoing instrument was
acknowledged before me by (7, a I -S c�� , Secretary of HIGGINS DEVELOPMENT
PARTNERS, L.L.C., a Delaware limited liability company, who is personally known to me.ox.
n.
WITNESS my hand and official seal in the County and State last aforesaid this vT'l day
of ..s4v.-C.• .2001.
Notary
=SUTATB10F
tiQl9!«(ruL24"MTyped. r sPublic
My Commission Expires: �-�� -o r
FTL.793793.1
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