Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-284Temp. Reso. #9529 September 12, 2001 1 Revision 1, September 27, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-284 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN ASSIGNMENT OF THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH NEW URBAN SOUTHGATE, L.L.C., FOR THE SOUTHGATE VILLAGE PROJECT, FORMERLY WOODMONT GARDENS, TO CENTEX HOMES; APPROVING AN ACCEPTANCE TO ASSIGNMENT EXECUTED BY CENTEX HOMES; APPROVING AND EXECUTING AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN NEW URBAN SOUTHGATE, L.L.C., AND CENTEX HOMES FOR THE SOUTHGATE VILLAGE PROJECT LOCATED AT 8700 SOUTHGATE BOULEVARD; 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, on June 27, 2001, the City Commission approved a resolution to amend the Water and Sewer Developer's Agreement changing the development plan from a 300-bed adult congregate living facility to an 88-unit townhouse community namely Southgate Village. WHEREAS, New Urban Southgate, L.L.C., owner of the Southgate Village Project, formerly Woodmont Gardens, located at 8700 Southgate Boulevard (a copy of which is attached hereto in map form as "Exhibit 1") transferred ownership to Centex Homes; and 1 Temp. Reso. #9529 September 12, 2001 2 Revision 1, September 27, 2001 WHEREAS, New Urban Southgate, L.L.C., has requested an assignment of the Water and Sewer Developer's Agreement to Centex Homes; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Southgate Village 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 New Urban Southgate, L.L.C., and Centex Homes 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 L Temp. Reso. #9529 September 12, 2001 3 Revision 1, September 27, 2001 Consent to Assignment of the Water and Sewer Developer's Agreement between New Urban Southgate, L.L.C., and Centex Homes for the Southgate Village 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 New Urban Southgate, L.L.C., (a copy of which is attached hereto as "Exhibit 2") for the Southgate Village Project, formerly Woodmont Gardens, located at 8700 Southgate Boulevard. SECTION 3: The City of Tamarac hereby approves the Acceptance to Assignment executed by Centex Homes (a copy of which is attached hereto as "Exhibit 3"). 1 L 1 Temp. Reso. #9529 September 12, 2001 4 Revision 1, September 27, 2001 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 Southgate Village 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 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 park or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #9529 September 12, 2001 5 Revision 1, September 27, 2001 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 10" day of October, 2001. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHEL`L- . CITY ATTO RG/DTM/mg it • 11141YOR, RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Aye DIST 1: COMM. PORTNER A & DIST 2: COMM. MISHKIN A -ye, DIST 3: V/M SULTANOF fl'ye, DIST 4: COMM. ROBERTS-Aye,, EXHIBIT 1 TEMP. RESO. # 9529 x r SITE P.S. #2 LOCATION F P L PHOENIX z SUBSTATION rr-1/4//CY/PR/ES/S CREEK CANAU EXX❑N W W W w w WS0VT11CjA E WH.v f MCD❑NALDS W W SHANGRI-LA `�' '�' w + w + ti Q 'TT j TAMARAC g Td24 w FOR W w ti CIO WN O©nma S r W w 7 1 TOWN E3 � w WOq,pMON L W w w W WAD �NR F❑RD fig W SQUARE A W W W W W W 1 9� W� TR48 fT W r• W /�/ NATIONS W W W y� �2 LAkEVOO xp D C1� .. W W W r• W r• W Its LA�e�DU 4b��� pPix W w W ff W W W TR47 P, 3`r / (HE Zw� I1y Ci(t o jf%l 11 tin 81 ST W 81 Sr. w�,IpQ9MpNF1Np TR49 W L VP�� W PINE D W W 1 80 DR � � yKEWOOD W J � r W W $1 S• Q St 80 PL 4AK W a°o Q-1 TR57 �£S ,lq�lJl/y % q- �ly� of 80 CT f•� C') w qD ¢ W W w c % W W 79 ST � w j OAK CT TR60 `b � r• n p �kvE pP�s '� OAK ST w , O W W W W w b cu _jj � / 4 4 T z W OD i %� W v 1 1S W W Wp �p"i W L)¢ W TR58 ►`' W w 6 loll, - y��>> P 4 f W W wGO LF W N Cr f��ir >>>>1� W >>1�j1�j w COURSE BANYAN W W f W w .Y /� /�� L � 1�1 W/ o >>1 W f TR65 A 1ff CT oo /l TR63 i►rp CjR BANYAN 1- �vV G /� W; TRP , > W f W W W W W W W LAND S E C, . W W •WOODM❑NT W COUNTRY w 0 CLUB W W BANYAN w ; W W W W S❑UTHGATE_ V ILLAGE.DW( SOUTHGATE VILLAGE ASSIGNMENT, ACCEPTANCE TO ASSIGNMENT AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT ~ Exhibit 2 TAMARAC UTILITIES ASSIGNMENT FOR: Southgate „Village, formerly Woodmont Gardens, Phase l Name of Development KNOW ALL MEN BY THESE PRESENTS THAT New Urban Southgate, L.L.C., a Florida Limited Liability Company having an address of 398 NE 6th Avenue, Delray Beach, Florida 33463 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 _Centex Homes, „a,Nevada ,General Partnership having an address of 8198 Jog Road, Suite 200, Boynton Beach, Florida 33437 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 90.5 water and 90.5 sewer ERC units also known as Utility Connections as referred to in that certain Agreement dated Lune 27, 2001 ..._ by and between New Urban Sant .h.pato, I.-T.-C.- , a F,1..Qrida Limited as Developer, and the CITY OF TAMARAC a municipal cor ora oinbo y �inano p p p 'tie o f Florida, as City, which Agreement has been assigned to Seller. A copy of said Agreement dated June 27, 2001 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, the undersigned has hereunto set its hand and seal, this day of AU Cro S 1 12001. In the presence (`:ORPOPATE SEAL) STATE OF FLORIDA / SS COUNTY OFP Q chi I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in et Co my afore aid to take acknowledgments, personally appeared _ f C 2 v i *7 / _ _01/1ki to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. zooWITNESS my hand and official seal this � day of , L. CAROL DELONIS MY COMMISSION # CC 978151 7 t73 EXPIRES: October 29, 2004 PrfQ ' Bonded Thru Notary Public Underwriters ( Personally known to me, or ( ) Produced Identification C- a�� NOTARY PUB r (Name of Kotary Public as Commissioned) Typed of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. r. e ntl of Porida at Large Print, Stamp, or Type 9641014 2 Assignmt.wpd Exhibit 3 TAMARAC UTILITIES ACCEPTANCE TO ASSIGNMENT FOR: Southgate village. age _ _formerI7� Woodmont Gardejis — phase 1 Name of Development having an address of 8198 Jog Roads Suite_ 200, Boynton Beach, party of the second FL 33437 part, agrees to accept assignment of Utility Connections. ATTEST: CORPORATION Centex Homes, by its managing General Partner, By: m . �ent Real,*tate Corporation y. Type Name JAt m . -etj-MAr7 Type Name Corporate Secret0y vPresident, Centex Real. Estate Corporation (Corporaie dal) ST,'\TE OF FLORIDA SS COUNTY OF w ! h 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--IEi4l cr 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 10 day of �_;u4rl l 20�. NOTARY PUBLIC, State of Florida at Large,nY;.y., Mischelle Parsnik z MY COMMISSION # CC906670 EXPIRES May Z 2004 (Name of No ary Public: Print Stamp or type as Commissioned) O Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. 011405 Acceptance and Acknowledgment of Agreement and Consent to Assignment r Exhibit 4 TAMARAC UTILITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: Southgate Village, formerly Woodmont Gardens - Phase 1 Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of June 27, 2001 , it entered into a Water and Sewer Developer's Agreement concerning Townhouse Community an 88 unit , "Developer's Agreement", with New Urban Southgate, L.L.C., a Florida Limited Liability Company as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by New Urban Southgate, t0Nevada General Partnership Company by Assignment dated The City hereby consents to and approves the Assignment of the Developer's Agreement from New Urban Southgate, L.L.C, a Florida Limited Liability Company 960605 to Centex Homes, A Nevada General Partnership 1 Acknowledgement of Agreement And Consent to Assignment ATTEST: By: 11�►-d-ri' Marion. Swenson, CIVIC -- City Clerk STATE OF FLORIDA SS COUNTY OF ,b-"01VG'�rG� 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 Sc 1) r C I Eger �' JeXre� ). /u, 11,Cr to me known to be the person(s) described in and who executed the foregoing instrument and Mkt _- acknowledged before me and under oath that _� h� executed the same. ACCEPTED BY ITY OF TAMARAC By: Joe reiber Ma Date: /C - to - o l By: �7` kAeffrey L. M(I r City Manager i M�+o• 10-)o-nl 20 0) WITNESS my hand and official seal this /U day of t o t).e-A-% , DAWN M. LFSrv1.=KOWSKI COMMISSION Ci:962198 EXPIRES AUG 20 2004 pcpp BONDED THROUGH ADVANTAGE NOTARY ( ✓f Personally known to me, or ( ) Produced identification 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 K Acknowledgement of Agreement And Consent to Assignment