The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2001-088Temp. Reso. #9330 March 23, 2001 1 Revision 1, April 18, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN ASSIGNMENT OF THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH BELLEAIR DEVELOPMENT GROUP, INC., FOR THE 7-ELEVEN PROJECT TO THE HERGENRADER FAMILY TRUST, APPROVING AN ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY THE HERGENRADER FAMILY TRUST, APPROVING AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN BELLEAIR DEVELOPMENT GROUP, INC., AND THE HERGENRADER FAMILY TRUST PROJECT LOCATED ON THE NORTHWEST CORNER OF COMMERCIAL BOULEVARD AND NW 79TH AVENUE AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID ACKNOWLEDGEMENT; 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, Belleair Development Group, Inc., executed a Water and Sewer Developer's Agreement with the City of Tamarac on February 9, 2000; and WHEREAS, Belleair Development Group, Inc., owner of the 7-Eleven Project located on the northwest corner of Commercial Boulevard and NW 791" Avenue (a copy of which is attached hereto in map form as "Exhibit 1") transferred ownership to The Hergenrader Family Trust; and Temp. Reso. #9330 March 23, 2001 2 Revision 1, April 18, 2001 WHEREAS, Belleair Development Group, Inc., has requested an assignment of the Water and Sewer Developer's Agreement to The Hergenrader Family Trust; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the 7-Eleven 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 and Acknowledgement of Agreement and Consent to Assignment be approved; and that the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Belleair Development Group, Inc., and The Hergenrader Family Trust be approved and executed; and 1 Temp. Reso. #9330 March 23, 2001 3 Revision 1, April 18, 2001 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 and Acknowledgement of Agreement and Consent to Assignment; and 3) Approve and execute the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Belleair Development Group, Inc., and The Hergenrader Family Trust for the 7-Eleven 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 Belleair Development Group, Inc., (a copy of which is attached hereto as "Exhibit 2") for the 7- Eleven Project located on the northwest corner of Commercial Boulevard and NW 79t" Avenue. Temp. Reso. #9330 March 23, 2001 4 Revision 1, April 18, 2001 SECTION 3: The City of Tamarac hereby approves the Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by The Hergenrader Family trust (a copy of which is attached hereto as "Exhibit 3"), and authorizes the appropriate City Officials to execute said Acceptance and Acknowledgement of Agreement and Consent of Assignment. SECTION 4: The City of Tamarac hereby approves and executes the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement for the 7-Eleven 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. 1 1 Temp. Reso. #9330 March 23, 2001 5 Revision 1, April 18, 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. .qF['TinN R passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 25t" day of April, 2001. ATTEST: ) MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I hav�ap roved this RE"SOL TION a6Ito ford. RG/DTM/db ITCHEL`LrS. KRAFT CITY ATTORNEY r JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNE DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF_ DIST 4: COMM. ROBERT EXHIBIT 1 TEMP. RESO. # 9330 GW BANK TEXAC❑ w •� W W W w w w \ C❑NC❑ D VILLAGE Wb❑DLAND LAKES W W W w W W w W W W W W W w 'Wou UNIVERSITY w w v W W W w W w -V LA W W W W W w W w w \ W W w W w TS. W W W W \ w W W COMMONS w SANDS P❑INT y\G`• W w w C ANNQNG'A% w W w �� W W BELLE \\ TERRE Co -ON) w \\. w W OF \\ • �' w w Q�� VERSA N rTA w w TAMARAC a \ W \\\ w p ILLES GARDENS W W n^ W W \\\ /z. \\ w w W " NN LA \\ \\\\ W w MA \\ S COLONY CIR. �. w > SH❑PPES R❑KEST W w W GAGUS W APTS, W w W w \�x. w ❑FCS, w w m W W W w w W w w w w W w EDGE EGAN W W W W w W \ w w w v WG❑LF C❑URSE, w w w w a Q \�� W W w w p PLAT W w LAND S EWC , 9 ��\NN- W w W U w W W W \\ \\ \ \\ w FAIRVIEW DR w \�� CJ F \�\\\ \\\ \\ ly w �r co SUNSET ]SLES MAINLANI UNIT 13 FAIRWAYS \\�\\�� \�� \� .. \\�\\. W . \\\\��\\ �\ Li 1 �� REEN ILLAGE SQUARE 61 ST � Cl WATER THUMB SITE 3z_as„ Z 59 PL//n 3 59 CT a ¢_ �j ¢ (EDGEW TER) 61 S CURTIS 61 ST 59 ST co°D �� co a w ST d FIELD NATI❑NS �j 58 PL MAI L NDS UN T ,1/ • 7 GREENHA N fFl 12 57 CT co OD PLAT BANK WATERSIDE 60 ST aLi M L58 IT CHEARTLANDS i/r58 g N all CT 04 °° i� ❑F TAMARAC J Ln a w F- S7 MIDWAY PLAZA ] w j �j Q BLOCK BUSTER o0 C`0 57 PL aR'o a j BIG LOTS AIRHAVEN B❑STQN I M 7 3o UNITED PLAZA �% U� g w a 0A / STATES CHICKEN r 57 CT j POST z NW 57TH ST ❑FFICE W a L' x�a Li < � F u'`i ' �z ¢ SITE zx uw a i ow a zz � Wo �Z A¢ N LOCATION N¢ ¢� W N� wq o aQ � r Co W U Ld M OJ PO U a, J� Q A N F (� N g Q Gl COMMERCIAL BLVD. -- LAUDERHILL 7-ELEVEN 7-Eleven.DWG ASSIGNMENT, ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ACKNOWLEDGEMENT OF AGREEMENT Exhibit 2 TAMARAC UTILITIES ASSIGNMENT FOR: 7-11 Commercial and 79t" City of Tamarac Name of Development KNOW ALL MEN BY THESE PRESENT THAT BELLEAIR DEVELOPMENT GROUP INC having an address of 12360 66T" St N. Largo, Florida 33733_, 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 L. RALPH HERGENRADER AND MARGUERITE H. HERGENRADER AS TRUSTEES OF THE HERGENRADER FAMILY TRUST REEMENT DATED MARCH 22, 1990, having an address of 61576 STREET BEND OREGON 97702, 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 1.65 ERC units also known as Utility Connections as referred to in that certain Agreement dated February 9th, 2000 by and between BELLEAIR DEVELOPMENT GROUP, INC., 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 December 8th, 2000 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. Signature page of an Assignment of a City of Tamarac Agreement by and between L. RALPH HERGENRADER AND MARGUERITE H. HERGENRADER AS TRUSTEES OF THE HARGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH 22, 1990, and Belleair Development Group, Inc. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. BELLEAIR DEVELOP NT GROUP, INC. ATTEST D: By By Greg Nowak, Vice-president Carl s ident (Corporate Seal) STATE OF FLORIDA SS COUNTY OF PINELLAS 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 Carlos Yepes as President of Belleair Development Group, Inc., 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 day of Gent cmisz , �• Y "&% ELIZABETH A. PIERSON ,a My CON MISSION # CC 8M316 ��eOF �� EXPIRES: January 15, 7.AD3 t-80a3-NOTARY Fla. Notary Sarvice & Bonding Co. ( personally known to me, or ( ) Produced Identification GJ--�t NOTA44Y PUBLIC, State of Florida at Large Li 7 A E:Fy , (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take oath, or ( ) DID NOT take an oath. R Exhibit 3 TAMARAC UTILITIES ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: 7-Eleven @ 7901 W Commercial Blvd, Name of Development L. Ralph Her enrader and Margu grite H. Hergenrader,Trustees of the Hergenrader Family Trust having an address of party of the second 97702 part, agrees to accept assignment of Utility Connec ' TU4 ld4 Al Withess' J / f Type Namefritle Type Name ►7 J�j Witness Type Name 0. ac S OREGON STATE OF FtORMA SS COUNTY OF Deschutes VA 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 Ralph and MarSjuerite Her enrader to me known to be the person(s) described in and who executed the foregoing instrument and th� ev acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this 26th day of January, J9SXK . 2001. �. . OFFICIAL SEAL INQTA Y P L6 LIC, tate of OREGON GINA R WNIPKEY ',• :•� NOTARY PUBLIC-OREGONat Urge ; COMMISSION NO.338239 MY COMMISSION EXPIRES OCT. 30, 2004 (Q'!�"2' - �•; (Name of Notary Publi : Print, Stamp, or type as Commissioned) ,L ' ersonally known to me, or ( ) Produced Identification Ty e of I.D. Produced (,j"61D take and oath, or ( ) DID NOT take an oath. 980605 Acceptance and Acknowledgment of Agreement and Consent to Assignment IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenso , CIVIC Interim City Clerk STATE OF FLORIDA SS COUNTY OF,B D ACCEPTED BY CITY OF TAMARAC GRAN EE i l By: .Q Joe hreiber Mayor Date: 'V- a-7-0 / By: effrey L. i ler 'City Manager Date:KKraft,11 App oveB itchell ity Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid pnd in the County aforesaid to take acknowledgements, personally appeared + .2E� L• A r W-- to me known to be the person(s) described in and who executed the foregoing instrument and -rk5l acknowledged before me and under oath that ]u executed the same. 20z9 ( WITNESS . my hand and official seal this OFFICIALNOM-RUSEMAL JUNE A WHM NOTARY I'iJBLiC STATE OF FLORmA COMMISSION NO. CC775M My COMMISSION EXP. SEP1' X5 ( Personally known to me, or ( ) Produced Identification MA-0�161 14ce- �;- ),/-� NO RY PUBLIC, State of Florida at Large tje 4 . k)4 r rL5- (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take oath, or ( k-J-D-ID NOT take an oath. M Exhibit 4 TAMARAC UTILITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: 7-ELEVEN AT COMMERCIAL BOULEVARD AND 79TH STREET (Name of Development) The City of Tamarac, as municipal corporation of the State of Florida, "City" hereby acknowledges that effective as of 9t" of February, 2000, it entered into a Water and Sewer Developer's Agreement concerning a 7-11 at Commercial and 79t" in the City of Tamarac "Developer's Agreement" with Belleair Development Group, Inc. as Developer, a copy of which is incorporated by reference. The Developer's agreement was subsequently assigned by Developer to L. RALPH HERGENRADER AND MARGUERITE H. HERGENRADER AS TRUSTEES OF THE HERGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH 22,1990, assignment dated December 8, 2000. The City hereby consents and approves the Assignment of the Developer's Agreement from Belleair Development group, Inc. as Developer to L. RALPH HERGENRADER AND MARGUERITE H. HERGENRADER AS TRUSTEES OF THE HERGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH 22, 1990, having an address of 6157 STREET END OREGON 97702, LpNc,gvsEW IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ACCEPTED BY CITY OF TAMARAC GRANTEE w By. O�4 -.41 1 Joe reiber Mayor r/ / Date: ATT T: By: ;iA Jeffrey L. it er By: City Manager Marion Swenso , CMC Interim City Clerk Date: h-2/cz STATE OF FLORIDA Mitchell S. Ki SS City Attorney COUNTY OF ,60u) 2Jb : 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�-oa SN )60 -`, ��+ ( L, H,44'c, 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 zoo. OFFICIAL WARY= , JUNP A WHITE NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC77572D MY COMMISSION EXP. SEPT 75 ( personally known to me, or ( ) Produced Identification Iq 7 r�- day of _ AfAl -- NOTAW PUBLIC, State of Florida at Large (Name of Notary Public:, Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take oath, or ( DID NOT take an oath. Z