HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-209Temp. Reso. #9430 1
June 14, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO, R-2001-209
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 NYCH PARTNERS, LTD., FOR THE
WATER DISTRIBUTION AND WASTEWATER COLLECTION
SYSTEM IMPROVEMENTS INSTALLED FOR THE
WALGREEN'S PROJECT, LOCATED ON THE NORTHWEST
CORNER OF WEST COMMERCIAL BOULEVARD AND PINE
ISLAND ROAD, 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, NYCH Partners, Ltd., has constructed the Walgreen's Project and
has installed the Water Distribution and Wastewater Collection System Improvements
in accordance with the Site Plan approved by the City Commission on June 14, 2000,
which is located on the northwest corner of West Commercial Boulevard and Pine
Island Road (a copy of which is attached hereto in map form as "Exhibit 1 "); and
WHEREAS, City Code Section 22-195(a), requires NYCH Partners, Ltd., to
transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and
Wastewater Collection System Improvements installed for the Walgreen's Project; and
Temp. Reso. #9430 2
June 14, 2001
WHEREAS, NYCH Partners, Ltd., has offered a Bill of Sale Absolute to the City
of Tamarac for the Water Distribution and Wastewater Collection System Improvements
installed for the Walgreen's 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 Walgreen's Project Water Distribution and
Wastewater 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 NYCH Partners, Ltd., for the Water Distribution and Wastewater
Collection System Improvements installed for the Walgreen's Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; THAT:
I
Temp. Reso. #9430 3
June 14, 2001
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
NYCH Partners, Ltd., for the Walgreen's Project Water Distribution and Wastewater
Collection System Improvements, located on the northwest corner of West Commercial
Boulevard and Pine Island Road.
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.
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passage and adoption.
Temp. Reso. #9430 4
June 14, 2001
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 22d day of August, 2001.
ATTEST:
MARION _S ENSON, CMC
TY CICLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
EY
TR/DM/db
Sty.
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A el
DIST 1: COMM. PORTNER 4 e.
DIST 2: COMM. MISHKIN A e,
DIST 3: V/M SULTANOF flyer
DIST 4: COMM. ROBERTS A e.
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WALGRE-COMM-PI.DWG
WALGREENS PROJECT
BILL OF SALE ABSOLUTE
FROM r: DEG I ROLMO & ASSOCIATES, INC. PHONE NO. : 2550735 Dec. 14 2000 09: 3gAM P3
Exhibit 2
TAMARAC UTILITIES
BILL OF SALE ABSOLUTE
WATER &. SEWAGE COLLECTION SYSTEMS
FOR: a �e
roject Name
KNOW ALL MEN BY THESE PRESENTS, that N Y (,- -I 1 rf"yle r5; __L- A _..
a aY erati' whose
address is 1'14 5 ..A v e— a�� I0 ri d a__ .3 3('1-.-L .... in
the County of I Is b o ro sand State of Florida, Party of the first part, for and in
consideration of the sum of ten dollars 10.00 , lawful money of the United States, to
be paid by the CITY OF TAMARAC, a municipal corporation of the State of Florida,
7525 Northwest 88 h 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 tXCA5 C0MVW%er'C«(
Skl, iv►s,ors tAAt-r )A*. Z Recorded in Plat
Book 0 Page y 3 of
the Public Records of Broward County.
9811218 1 Bill of Sale Absolute
�FROM'i DEGIROLMO & ASSOCIATES, INC. PHONE NO. : 2550735 Dec. 14 2000 09:38AM P4
All of the above further described in "As-
Builts" Plans for AI gfeev, '5__
Pi.o�ee.-r , a copy of which is on file
with the City of Tamarac.
Prepared by: p,4Arq m ova
,;�'17oO .d Nw,( -z , [3oc_A R4TOA . FG 53y& 7
Dated: y_ 1 z_ o i
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 re-io
e X e_e p 1- cis S e+ o h C- Ovi 6 )4
they are free from all encumbrance; that it has good right to sell the same aforesaid,
and that it will warrant and defend the safe 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 AbsolGte
ROM r DEGIROLMO & ASSOCIATES, INC. PHONE NO. : 2550735 Dec. 14 2000 09:39RM P5
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
(GRANTOR)
Witness
Type Name E4
Witness
Type Name C,- L
STATE OF FLORIDA
/ : SS
COUNTY OF / ,. //S 6o10 ash
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M �cGia�l i��
Type Name/Title
1 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 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 a?o day of Y
(personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large -1` 1, Janette t Barr
* *My Commission CC683942
%.,,,Zo$ Expires September 28, 2001
(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.
981218 3 Bill of Sale Absolute
M
EXHIBIT "A"
Taxes and assessments for the yeas` 2000 and subsequent years
2. Restrictions, Dedications and Easements as shown on the Plat of LYONS COMMERCIAL SUBDIVISION
UNIT NO. 2, recorded in Plat Book 69, at Page 43 of the Public Records of Broward County, Florida.
3. Easement(s) in favor of Florida Power and Light Company set forth in instrument(s) recorded in O.R.
Book 11216, at Page 952 and O.R. Book 26071, at Page 56, all of the Public Records of Broward
County, Florida.
4. Easement(s) in favor of City of Tamarac, set forth in instrument(s) recorded in O.R. Book 10825, at
Page 971 of the Public Records of Broward County, Florida.
5. Terms, conditions and provisions of Water and Sewer Developer's Agreement (for Shell Gas Station)
with the City of Tamarac, recorded in Q.R. Book 10826, at Page 958 of the Public Records of Broward
County, Florida.
6. The rights of Motiva Enterprises, LLC, as licensee under paragraph 4 of that certain unrecorded
Conditional Lease Termination Agreement dated January 20, 2000.
7. Covenants, conditions, restrictions and easements contained in that certain Declaration of Covenants,
Conditions, Restrictions and Easements dated July 21, 2000, and recorded July 24, 2000, in O.R.
Book 30699, at Page 1432 of the Public Records of Broward County, Florida.
S. Terms, conditions and provisions of Ground Lease between NYCH Partners, Ltd., Lessor, and Walgreen
Co., Lessee, dated July 20, 2000, evidenced of record by Memorandum of Lease recorded July 24,
2000 in O.R. Book 30699, at Page 1448, as affected by Subordination, Non -Disturbance and
Attornment Agreement by and between First Union National Bank and Walgreen Co. dated July 21,
2000, and recorded July 24, 2000, in O.R. Book 30699, at Page 1498, all of the Public Records of
Broward County, Florida.
9. Mortgage and Security Agreement from NYCH Partners, Ltd., a Florida limited partnership, to First
Union National Bank, a national banking association, dated July 21, 2000, and recorded July 24, 2000,
in O.R. Book 30699, at Page 1458, as affected by Subordination, Non -Disturbance and Attornment
Agreement by and between First Union National Bank and Walgreen Co., dated July 21, 2000, and
recorded July 24, 2000, in O.R. Book 30699, at Page 1498, and as affected by Notice Pursuant to
Section 697.040) Florida Statutes recorded July 24, 2000, in O.R. Book 30699, at Page 1538, all of
the Public Records of Broward County, Florida.
10. Assignment of Rents and Leases from NYCH Partners, Ltd., a Florida limited partnership, to First Union
National Bank, a national banking association, dated July 21, 2000, and recorded July 24, 2000, in
O.R. Book 30699, at Page 1486 of the Public Records of Broward County, Florida.
11. UCC-1 Financing Statement naming NYCH Partners, Ltd., a Florida limited partnership, as Debtor, and
First Union National Bank, a national banking association, as Secured Party, recorded July 24, 2000,
in O.R. 30699, at Page 1494 of the Public Records of Broward County, Florida.
4W r ..
12. Mortgage (and Assignment of Leases and Rents and Security Agreement) from NYCH Partners, Ltd.,
a Florida limited partnership, to Blanche Higgins and Edward W. Higgins, as Co -Trustees of the Blanche
Higgins Trust U/A dated January 11, 1988, dated July 21, 2000, and recorded July 24, 2000, in O.R.
Book 30699, at Page 1514, as affected by Notice Pursuant to Section 697.040) Florida Statutes
recorded July 24, 2000, in O.R. Book 30699, at Page 1541, all of the Public Records of Broward
County, Florida.
13. UCC-1 Financing Statement naming NYCH Partners, Ltd., a Florida limited partnership, as Debtor, and
Blanche Higgins and Edward W. Higgins, as Co -Trustees of the Blanche Higgins Trust U/A dated
January 11, 1988, as Secured Party, recorded July 24, 2000, in O.R. Book 30699, at Page 1526 of
the Public Records of Broward County, Florida.
14. Terms and conditions of Subordination of Mortgage and Intercreditor Agreement between NYCH
Partners, Ltd., as Borrower, Blanche Higgins and Edward W. Higgins, as Co -Trustees of the Blanche
Higgins Trust U/A dated January 11, 1988; as Subordinate Mortgagee, and First Union National Bank,
a national banking association, dated July 21, 2000, and recorded July 24, 2000, in O.R. Book 30699,
at Page 1529 of the Public Records of Broward County, Florida.