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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-240Temp. Reso. #9504 August 28, 2001 1 Revision 1, September 10, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-240 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN ASSIGNMENT OF THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH FIDEL GOMEZ, CURRENT OWNER OF THE FAIRWAYS III, PHASE II TO ROYAL GOLF CLUB, L.L.C.; APPROVING AN ACCEPTANCE TO ASSIGNMENT EXECUTED BY ROYAL GOLF CLUB, L.L.C.; APPROVING AND EXECUTING AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN FIDEL GOMEZ, AND ROYAL GOLF CLUB, L.L.C., FOR FAIRWYS III, PHASE II PROJECT LOCATED ON THE SOUTH SIDE OF LAGOS DE CAMPOS BOULEVARD WEST OF NW 84T" TERRACE; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID ACKNOWLEDGEMENTS; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENTS IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Graystone Fairways Corp., executed a Water and Sewer Developer's Agreement with the City of Tamarac on October 9, 1985 for the Fairways III Phase II Project; and WHEREAS, Fidel Gomez, current owner of the Fairways III, Phase II project located on the south side of Lagos de Campo Boulevard west of NW 841" Terrace (a Temp. Reso. #9504 August 28, 2001 2 Revision 1, September 10, 2001 copy of which is attached hereto in map form as "Exhibit 1 ") will transfer ownership to Royal Golf Club, L.L.C.; and WHEREAS, Fidel Gomez, has requested an assignment of the Water and Sewer Developer's Agreement to Royal Golf Club, L.L.C.; and WHEREAS, there is currently a lien for past due guaranteed revenues against the property; and WHEREAS, said lien shall be satisfied contingent with this Assignment, Acceptance to Assignment, and Acknowledgement of Agreement and Consent to Assignment; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Fairways III, Phase II 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 Temp. Reso. #9504 August 28, 2001 3 Revision 1, September 10, 2001 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 Fidel Gomez and Royal Golf Club, 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 to Assignment; and 3) Approve and execute the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Fidel Gomez and Royal Golf Club, L.L.C., for the Fairways III, Phase II 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. 1 Temp. Reso. #9504 August 28, 2001 4 Revision 1, September 10, 2001 SECTION 2: The City of Tamarac hereby approves and accepts the Assignment of the Water and Sewer Developer's Agreement executed by Fidel Gomez, (a copy of which is attached hereto as "Exhibit 2") for the Fairways 111, Phase 11 Project located on the southside of Lagos de Campo Boulevard west of NW 84th Terrace. SECTION 3: The City of Tamarac hereby approves the Acceptance to Assignment executed by Royal Golf Club, L.L.C., (a copy of which is attached hereto as "Exhibit 3") SECTION 4: The appropriate City officials are hereby authorized to execute the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement for the Fairways III, Phase II Project (a copy of which is attached hereto as "Exhibit 4") SECTION 5: The City Clerk is hereby authorized and directed to record _ said agreements in the public records of Broward County. 14 SECTION 5: All resolutions of parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 I-J ,!i 1 Temp. Reso. #9504 August 28, 2001 5 Revision 1, September 10, 2001 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. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this "day of eptember, 2001. JOE SCHREIBER MAYOR ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to MITCHELLS. K$AF CITY ATTORNEY RG/DTM/db C RECORD OF COMMISSION VOTE: MAYOR SCHREIBER _fiver DIST 1: COMM. PORTNER Ayer DIST 2: COMM. MISHKIN A & DIST 3: V/M SULTANOF fl-vex DIST4: COMM. ROBERTSA ei TEMP. RESO. #9504 EXHIBIT 1 a 7j � + W TR72A GA W70 ST a 70 r a: _jz r -Jcr- ST % TEXACO Ewa U �� ©�� oa¢ A ago Q v ¢w- H P° H MCNAB ROADLo W W v W W+ W r W > LIME 1 THE GREENS W WD❑DLANII W W LAKES id BAY OF TAMARAC W W W W W W W w W W W v W. x S I / i�J W W W W 0 fj� W W W COL. W. W W W SANDS P❑INT r` x W f W CLUB HOUSE `� `��\•\ W W W �• `-y r 4� ` P f; +Y W Wes. W SITE fi RAL W LOCATION W 'r W a W LMS ❑ L F W Wco y cAMp O W \ OIL m W W W V LLAS 3 w W W Q W W W ZN W U` W R❑KEST W W a W W o4i v W W W W W PN�s PD LAGOS W APTS. W W yI- W 0 W W W W W W W W W W �j 4 W W W LAND SEC. 91 ` i H 62 .y W BOARDWALK APTS. W FAIRWAYS 1~�" 61 ST Q PARADISE CT Q 61 ST W 61 5z m PAR. DR BOARDWALK APTS. ST g 60 ST II m wtx P R. �• Q 1/ 59 PL 59 PL Z Q a 59 CT n W SI�NT 8 I L 59 CT d PARADISE 1 / L,J Z J n 59 ST In oD MAINLAN S c� 59 ST qD ESTATES �f �--, V) f cL UNIT 13 CL 58 %f' 58 PL l'" 58 P �j� LY❑NS W 3 PL W 1 MAI L ND�� INDUSTRIAL // i ? n n w > w 1 ►-/ UNT (¢ 58 W 58 CT PARK f1 �� 3 58 ST � �o com in W>>f7d 5 ff/ 5g CT m 57 DR ~ $ $ MARLEN w MAI LA U T/1 s' m / ST 4 r r qV d f� PARK 57 LN r. 7Q RE HAVE 57 PLm m 57 PL 12 I'm FAIR 11 VE- m y CA CINNAMON TREE 8741-8767 57 CT 57 CT PLAZA OFC. BLDG 57 ST NW 57TH ST SHELL a, Wa_ W U W ? z Q x H(L� Az pQ N WALGREENS CHEVRON zzzrn mWo ww w� "� Fairways III_F'hnse tl.ljwu FAIRWAYS III PHASE II ASSIGNMENT, ACCEPTANCE TO ASSIGNMENT AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT Exhibit 2 TAMARAC UTILITIES ASSIGNMENT FOR: ROYAL GOLF CLUB TOWNHOMES Name of Development KNOW ALL MEN BY THESE PRESENTS THAT FIDEL GOMEZ having an address of 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 ROYAL GOLF CLUB, LLC, A Fla.limited liability company having an address of 2010 N.E. 214 Terrace, North Miami Beach, Florida 33179 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 TWENTY ERC units also known as Utility Connections as referred to in that certain Agreement dated 10/9/1985 by and between GRAYSTONE FAIRWAYS CORP. 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 10/9/1985 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 IN WITNESS WHEREOF, t undersigned has hereunto set its hand and seal, this At day of , 20W. In the presence of: tv�X (CORPORATE SEAL) STATE OF FLORIDA SS COUNTY OF ldNh FI L GOME Z 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 FIDEL GOMEZ to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that -AA— executed the same. WITNESS my hand and official seal this c 4 _ day of , 2099( --. (�) Personally known to me, or ( ) Produced Identification NOTARY PUBLICJState of Florida at Large NOTARY PU ELILEN AT OF FLORIDA COMMISSION # CG768797 E Ift a yi�oc�.+� (Name of or Type as Commissioned) Typed of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 9641014 2 Assignmt.wpd ' Exhibit 3 TAMARAC UTILITIES ACCEPTANCE TO ASSIGNMENT FOR: ROYAL GOLF CLUB TOWNHOMES Name of Development ROYAL GOLF CLUB, LLC, A Florida limited liability company having an address of 2010 N.E. 214 Terr. , North Miami Beach, p arty of the second part, agrees to accept assignment of Utility Conn M G9 C U LLC. , A FLORIDA IMITED LIAB . COMPANY By A/ Witness ��� s , ! Type Name/Title .I -SA L WAGENBERG, MANAGER Type Name L" �- Witness Type Name STATE OF FLORIDA ;3� COUNTY OF MIAMI DADS Type Name/Title 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 ISAIL WAGENBERG to me known to be the person(s) described in and who executed the foregoing instrument and HE acknowledged before me and under oath that HE executed the same. WITNESS my hand and official seal this 11 day of AUGUST 20 01 . -9� 12 NOTAR PUB IC, State f Florida at Large Personally known to me, or ( ) Produced Identification Y pUgIIC S7A5� F 0FLORA (Name of Notaryo WQ 1888NAV&,Stamp, or type as Coq%i�sv tf) Type of I.D. Produced ( ) DID take an oath, or (0) DID NOT take an oath. 011405 2 Acceptance and Acknowledgment of Agreement and Consent to Assignment Exhibit 4 TAMARAC UTILITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: ROYAL GOLF CLUB TOWNHOMES Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby October 9, 1985 acknowledges that effective as of , it entered into a Water and Sewer Developer's Agreement concerning FAIRWAYS III, PHASE II with GRAYSTONE FAIRWAYS CORP. , If Agreement", as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by FIDEL GOMEZ to ROYAL GOLF CLUB, LLC by Assignment dated August 21, 2001 The City hereby consents to and approves the Assignment of the Developer's Agreement from FIDEL GOMEZ to ROYAL GOLF CLUB, LLC. 980605 Acknowledgement of Agreement And Consent to Assignment ATTEST: By: /`uai1J Marion Swenson, CIVIC City Clerk STATE OF FLORIDA : SS ACCEPTED BY TY OF TAMARAC By: D^-a Joe reiber Mayor Date: 0-14 -t;l By: • �Jeffre�Miller f City Manager Date: / Mitch N. Kraft, City Attorney COUNTY OF K- Ulc-'Cc `e �k : — 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 ,ill U/ - to me known to be the person(s) described in and who executed the foregoing instrument and / I'.( c. acknowledged before me and under oath that % I�..f executed the same. WITNESS my hand and official seal this day of 20 0i . Y ' y ■ •� ■ r wwAwa�.�a ♦ A h A• A&Aw Aw' ( ✓) Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large i 's (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (—I DID NOT take an oath 980605 2 Acknowledgement of Agreement And Consent to Assignment