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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 SFrMnN R 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 RG/DTM/mg 41� C-C & t �-- & Z —9-10E SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A ye,, DIST 1: COMM. PORTNER A v DIST 2: COMM. MISHKIN A -ye' JEST 3: V/M SULTANOF A el DIST 4: COMM. ROBERTS A -ye' 1 1 1 TEMP. RESO. # 9583 EXHIBIT 1 I cn ,01 z I w z < a QLLJ J a - 0- d f- W N 0 H 7 w N z a U MCNAB ROAD TEE PLAT J L J PLAT TAMARAC MARKET ------------•------------------------- PLACE --------------------------------------------------------- a a f A m D ZEPHYRHILLS L❑VESHAW I.T.W. MIMA a z 67 ST ARCH MONEA W W ALUMINUM W 2 W ~ cy- W 0 y Z CULLIGAN W LAND SEC, 7 W ¢� SUNRISE c� a 0 m a a 0 SITE LOCATION PUBLIC SERVICES A [Y COMPLEX J J 2 P�1 z J d A � J F-- C❑MMFIRCIAL BLVD, 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 1 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 200/ vvvvvvvvvvvvvvvvvvvw, "M AAAA1111AI AA�IAAAA� 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