HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-340Temp. Reso. #9583
October 22, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-340
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 CONVERGYS OFFICE BUILDING PROJECT TO
WESTPOINT BUILDING NO. 1, L.L.C.; APPROVING AN
ACCEPTANCE TO ASSIGNMENT EXECUTED BY
WESTPOINT BUILDING NO. 1, L.L.C.; APPROVING AND
EXECUTING AN ACKNOWLEDGEMENT OF AGREEMENT
AND CONSENT TO ASSIGNMENT BETWEEN HIGGINS
DEVELOPMENT PARTNERS, L.L.C., AND WESTPOINT
BUILDING NO. 1, L.L.C., FOR CONVERGYS OFFICE
BUILDING PROJECT LOCATED AT 5601 HIATUS ROAD;
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, 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 Convergys
Office Building Project located at 5601 Hiatus Road (a copy of which is attached hereto
in map form as "Exhibit 1 ") transferred ownership to Westpoint Building No. 1, L.L.C.;
and
WHEREAS, Higgins Development Partners, L.L.C., has requested an
assignment of the Water and Sewer Developer's Agreement to Westpoint Building No.
1, L.L.C.; and
Temp. Reso. #9583
October 22, 2001 2
WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's
Agreement for the Convergys Office Building 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 Westpoint
Building No. 1, 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
Higgins Development Partners, L.L.C, and Westpoint Building No. 1, L.L.C., for the
Convergys Office Building 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.
Temp. Reso. #9583
October 22, 2001 3
SECTION 2: 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., (a copy of which is attached hereto as "Exhibit 2") for the
Convergys Office Building Project located at 5601 Hiatus Road.
SECTION 3: The City of Tamarac hereby approves the Acceptance
to Assignment executed by Westpoint Building No. 1, L.L.C., (a copy of which is
attached hereto as "Exhibit 3")
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 Convergys Office Building 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 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
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passage and adoption.
Temp. Reso. #9583
October 22, 2001 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED, AND APPROVED this 281" day of November, 2001.
ATTEST:
MARION SVVENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MIYCHELL S. KgAF
- CITY ATTOR Y
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TEMP. RESO. # 9583
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CONVERGYS OFFICE BUILDING CpNVERGYS.AWG
ASSIGNMENT, ACCEPTANCE TO ASSIGNMENT AND
ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT
Exhibit 2
TAMARAC UTILITIES ,
ASSIGNMENT
FOR: CONVERGYS OFFICE BUILDING
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 WESTPOINT BUILDING NO. 1, 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:778741:1
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Assignmt.wpd
IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this
day of , 2001.
In the presence of:
/ j -
Print Na /I , Ci4m
Print Name:
(CORPORATE SEAL)
STATE OF ILLINOIS
SS
COUNTY OF COOK
HIGGINS DEVELOPMENT
PARTNERS, L.L.C.
By:
Its:
Prii
Dated: s`
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 6qe4vSLq,_F�, P`a, -krA._ , the 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 kg -
acknowledged before me that % executed the same.
WITNESS my hand and official seal this �� day of ffj
2001.
NOTkkY PUB C, State of
Illinois at Large
A N YU
(Name of Notary Public:
Print, Stamp, or Type as Commissioned)
( ✓) Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or ( ) DID NOT take an oath.
9641014
FTL:778741:1
4
OFFICIAL SEAL
PAN YUEN
NOTARY PUBLIC STATE OF ILLINOIS
Assignmt.wpd
Exhibit 3
TAMARC UTILITIES
ACCEPTANCE, TO AsSIGWANT,
FOR: CONVERGYS OFFICE BUILDING
Name of Development
WESTPOINT BUILDING NO. 1 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 Utilities Connections.
STATE OF ILLINOIS
LSl
COUNTY OF COOK:
WESTPOINT BUILDING NO. 1, L.L.C.,
a Delaware limited liability company
By: HDP Asset Co., L.L.C., a Delaware
limited liabilit comoanyh§ sole member
Its: e r a
Printed Name: kl�
Dated: ZJ v 19, Zoo 1
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared
C 444 AA"Aok , the Authorized Representative of HDP Asset Co., L.L.C., a Delaware limited
liability company, the sole member of WESTPOINT BUILDING NO. 1, 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 he _ _ acknowledged before me and under oath that h_
executed the same. 41-1
WITNESS my hand and official seal this /Y day of
OFFICIAL SEAL
AISHA CHARLESTON
NOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EXP. AN. 2Z2005
Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
DID NOT take an oath
( ) DID take and oath, or (
NOTARY PUBLIC, State of Illinois
(Name of Notary Public: Print, Stamp, or type as
Commissioned)
CERTIFICATE
The undersigned, being a member of the Executive Committee of HDP ASSET CO., a
Delaware limited liability company ("Company"), the sole member of WESTPOINT
BUILDING NO. 1, L.L.C., a Delaware limited liability company ("Westpoint Building") hereby
certifies that the following individuals, as Authorized Representatives of the Company, have
been authorized by the Executive Committee to execute any and all documents on behalf of the
Company, in its capacity as the sole member of Westpoint Building, conveying real and personal
property in connection with the Convergys Project in the Westpoint Development in Tamarac,
Florida, to -wit:
Penny Pritzker
John Kevin Poorman
Gerald A. Pientka
John W. Higgins
IN WITNESS WHEREOF, the undersigned has executed this Certificate on this lgl
day of ?K �� -�, 2001.
Signature: .
Printed Name: W.
Title: Authorized RepresentatiVLJAnd Member of
Executive Committee �^
STATE OF 1/l)/] 0 i J )
SS:
COUNTY OF Cook
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, the foregoing instrument was
acknowledged before me by J� W. who is personally known to me or who
has produced as identifi ation.
WITNESS my hand and official seal in the County and State last aforesaid this lg ' day
of T,,..i v 72001.
My Commission Expires: A / / ot
FTL:796295:1
Public
?AA/
Typed, printed or stamped name of Notary Public
OFFICIAL SEAL
PAN YUEN
NOTARY PUBLIC STATE OF ILLINOIS
7VI�'`COIvIIGttSSt6N-�q pR�6�09�
Exhibit 4
TAMARAC UTILITIES
ACKNOWLEDGMENT OF AGREEMENT
AND CONSENT TO ASSIGNMENT
FOR: CONVERGYS OFFICE BUILDING
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 Sewer 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 ns Development
Partners L.L.C. to Westpoint Building No. 1, L.L.C. by Assignment dated July 5tn
KIIIIII
The City hereby consents to and approves the Assignment of the Developer's
Agreement from Higgins Development Partners, L.L.C. to Westpoint Building No. 1,
I I r.
980605 1 Acknowledgement of Agreement
And Consent to Assignment
ATTEST:
By:
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
By: r
Joe /reer
Mayor
Date: / / - 7 S - (-, (
By:
1Jeffrey ill r
(� City Manager
Date: //- 2'2 o
SS %ky Attorney v
COUNTY OFr,'G�,�
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
JOC e :Ji YF= -L 10,11 Oe to me known to be the person(s) described in and
who executed the foregoing instrument and v acknowledged before me and
under oath that -��Ely executed the same.
WITNESS my hand and official seal this
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Personally known to me, or
( ) Produced identification
day of
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