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
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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
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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.
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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
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RECORD OF COMMISSION VOTE:
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DIST 2: COMM. MISHKIN A Pi
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DIST 4: COMM. ROBERTS A e'
EXHIBIT 1
TEMP. RESO. .# 9486
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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
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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
■
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`•[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