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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-234Temp. Reso. #9486 August 10, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-234 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 WESTPOINT DISTRIBUTION CENTRE I PROJECT TO 5607 HIATUS ROAD BUILDING, L.L.C.; APPROVING AN ACCEPTANCE TO ASSIGNMENT EXECUTED BY 5607 HIATUS ROAD BUILDING, L.L.C.; APPROVING AND EXECUTING AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN HIGGINS DEVELOPMENT PARTNERS, L.L.C., AND 5607 HIATUS ROAD BUILDING, L.L.C., THIS PROJECT IS LOCATED AT 5607 HI ROAD; AUTHORIZING THE APPROPRIATE CITY OF IALS TO EXECUTE SAID ACKNO LEDG MENTS , AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT 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 December 13, 2000; and WHEREAS, Higgins Development Partners, L.L.C., developer of the Westpoint Distribution Centre I Project located at 5607 Hiatus Road (attached hereto in map form as "Exhibit 1 ") transferred ownership to 5607 Hiatus Road Building, L.L.C.; and Temp. Reso. #9486 August 10, 2001 2 WHEREAS, Higgins Development Partners, L.L.C., has requested an assignment of the Water and Sewer Developer's Agreement to 5607 Hiatus Road Building, L.L.C; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Westpoint Distribution Centre I 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 5607 Hiatus Road Building, L.L.C., 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 1 1 Temp. Reso. #9486 August 10, 2001 to Assignment; and 3) Approve and execute the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Higgins Development Partners, L.L.C., and 5607 Hiatus Road Building, L.L.C., for the Westpoint Distribution Centre I 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 Higgins Development Partners, L.L.C., (attached hereto as "Exhibit 2") for the Westpoint Distribution Centre I Project located at 5607 Hiatus Road. SECTION 3: That the City of Tamarac hereby approves the Acceptance to Assignment executed by 5607 Hiatus Road Building, L.L.C., (attached hereto as "Exhibit 3"1 3 Temp. Reso. #9486 August 10, 2001 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 Westpoint Distribution Center I Project (attached hereto as "Exhibit 4") and authorizes the appropriate City officials to execute said acknowledgement of agreement 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 of 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. 1 1 1 SECTION 8: passage and adoption. Temp. Reso. #9486 August 10, 2001 5 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 121" day of S tember, 2001. JOE SCHREIBER MAYOR ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RE20LLITION as to form. ITCHELL S. KR/ CITY ATTORNE RG/DTM/db RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ayel DIST 1: COMM. PORTNER ,4 ! DIST 2: COMM. MISHKIN A Pi "T 3: V/M SULTANOF A e, DIST 4: COMM. ROBERTS A e' EXHIBIT 1 TEMP. RESO. .# 9486 L I WING DR. �� 5 TEE MCNAB ROAD PLAT J & J PLAT TAMARAC MARKET ..... PLACE a � 0 ZEPHYRHILLS L❑VESHAW LT.W. MIMA j w 67 ST x MONEA W W ARCH ALUMINUM W Q' 0 W Z y CULLIGAN LAND SEC, y y 7 cn 0 � v •Y J Q J /���/��� •��%fir ��/ PUBLIC cu SERVICES u COMPLEX J Im SITE Z 3 LOCATION w � v�i w w Q J a X Q Q W d W -i � d N cn a (Y H 3 a a o a z 7- 0 --------------- COMMERCIAL BLVD, SUNRISE WESTP❑INT_DIST_CENI.DWG WESTPOINT DISTRIBUTION CENTRE I ASSIGNMENT, ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT NT" b, EXHIBIT L AS'-!GNMENT FOR: WESTPOINT DISTRIBUTION CENTRE I 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 5607 HIATUS ROAD BUILDING, L.L.C., having an address of 101 EAST ERIE, SUITE 800, CHICAGO, IL 60611, 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 12-13-00 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 12-13-00 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 FTL•778747:1 Assignmt.wpd III WiTNESS the uodc ,-,signed has hereunto n6nc ana seal. this day of J (� _.,. 2001. In the presence of: Print Nam r *mran Print Name_ (CORPORATE SEAL) STATE OF ILLINOIS : SS COUNTY OF COOK HIGGINS DEVELOPMENT PARTNERS, L.L.C. By: 4 . Its: Ais 16 - Printed Name: A I Ehl i�K1 Dated: .7 o 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 (&ry. Ph,'— s , the Tp�eg ; & ' _ of Higgins Development Partners, 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 1.�.. acknowledged before me that _ V\p-_ executed the same. WITNESS my hand and official seal this � day of ,f,; ! -j 2001. NCffARY PUBLIC, State of Illinois at Large AN YEN (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( Personally known to me, or oFFIC AL SEAL ( ) Produced Identification PANYu°v NOTARY PUBLIC STA�R� OIS ( ) DID take an oath, or ( ) DID NOT take an oath. 9641014 %a FT L:778747:1 Assignmt.wpd Exhibit 3 TAMMAC UTILITIES ACCEPTANCE to As FOR: WESTPOINT DISTRIBUTION CENTRE I Name of Development 5607 HIATUS ROAD BUILDING, L.L.C., having an address of 101 East Erie, Suite 800, Chicago, IL 60611, party of the second part, agrees to accept assignment of Utility Connections. STATE OF ILLINOIS: SS COUNTY OF COOK: 5607 HIATUS ROAD BUILDING, L.L.C., a Delaware li ited liabi y ompany B Itsy: ' ' Pr to Name: )Q Kai tqft7441QZ'" Da ~7 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to to acknowledgments, personally appeared G the - nae of 5607 HIATUS ROAD BUILDING, 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 V-Q- acknowledged before me and under oath that V` executed the same. WITNESS my hand and official seal this 9,4el day of , 2001. N ARY PUB IC, State of Illinois _ p4 t4 YuF (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. 980605 FTL:778736:1 .75FR IA 5EAL PAN YUEN NOTf� R � :e�UnLIC STATE OF ILLINOIS 1MI �'�i�91Vt�'��1•��'''.��'�` _�,7CY. HT1C. Lo,Lws Acceptance and Acknowledgment of Agreement and Consent to Assignment CERTIFICATE OF SECRETARY The undersigned, being the Secretary of 5607 HIATUS ROAD BUILDING, L.L.C., a Delaware limited liability company ("Company") hereby certifies that the following officer of the Company is authorized to execute any and all documents conveying real and personal property in connection with the project being developed by the Company within the Westpointe Center in Tamarac, Florida, to -wit: John Kevin Poorman — Vice President IN WITNESS WHEREOF, the undersigned Secretary of the Company has executed this �O _ Certificate on this day of TU Iq , 2001. Signature: ��_ Printed Na � r tw rt Title: Secre "9� STATE OF II I1 h D ) SS: COUNTY OF (06k) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to t acknowledgments, the foregoing instrument was acknowledged before me by Tc h4 K�UL h klr mg, Secretary of 5607 HIATUS ROAD BUILDING, L,L.C,, a Delaware limited liability company, who is personally known to me ®rwho qr, - WITNESS my hand and official seal i e County and State last aforesaid this � day of __- , 2001. �: w�JCir�L SEAL i 4ANNE M. CHIAPPETTI Notary Public �l NARY PUBLIC, STATE OF ILLINOIS '0110 . ;-S.SION EXPIRES 3.2.2004 My Commission Expires: 3-, -_Oq Typed, printed or stamped name of Notary Public FTL•795806:1 Exhibit 4 'J'AMARAC I_'`11'1LITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: WESTPOINT DISTRIBUTION CENTRE I Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of December 13, 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 5607 HIATUS ROAD BUILDING, L.L.C. by Assignment dated u /., S f 1-' , 2001. The City hereby consents to and approves the Assignment of the Developer's Agreement from HIGGINS DEVELOPMENT PARTNERS, L.L.C. to 5607 HIATUS ROAD BUILDING, L.L.C. ACCEPTED BY CIFY OF TAMARAC By: 4-e, Schreiber, Mayor Date: 0-4-0 1 FTL:778746-1 ATTEST: By: I -� Marion Swenson, MC City Clerk STATE OF FLORIDA B-y' ;;Ae, 4 � 1114�41 Jeffrey L. Viler k City Manager Date f 0- as ffform: I S. Kraft, SS -City Attorney F COUNTY OF r�i"C�Gc)Gt'r tr : 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 l � t -0 to me known to be the person(s) described in and who xecuted the f or'egoing instrument and -1 ( v, C acknowledged before me and under oath that i /� executed the same. ` WITNESS my hand and official seal this j-4 day of /J J e / ) ; J-)4 r- 20 0 ■ ■ ■ `•[www.u•w.ww.ww4w.wa..wwawawwww, Personally known to me, or Produced identification l,�',�iC�'I( �l ii %C_:.}(..�.�1. K�.C' i'C 1�!�•/iL`_1-1t'l_.._ 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