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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-006Temp. Reso. #8482, December 14, 1998 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- 06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT A BILL OF SALE ABSOLUTE FROM VALUE DINING OF TAMARAC, INC., FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS FOR THE GOLDEN CORRAL PROJECT, LOCATED AT 7401 WEST COMMERCIAL BOULEVARD, FOR CITY OWNERSHIP; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Value Dining of Tamarac, Inc., has constructed the Golden Corral Project and has installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on May 13, 1998, which is located at 7401 West Commercial Boulevard (attached hereto in map form as "Exhibit 1 "); and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on May 27, 1998, requires Value Dining of Tamarac, Inc., to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Golden Corral Project; and Temp. Reso. #8482, December 14, 1998 2 WHEREAS, Value Dining of Tamarac, Inc., has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Golden Corral Project; and WHEREAS, the Improvements were inspected, approved and are recommended for acceptance by the Utilities Engineering Division after a one-year warranty period; and WHEREAS, it is the recommendation of the Director of Utilities that the Bill of Sale Absolute be accepted for the Golden Corral Project Water Distribution and Sewage Collection System Improvements; 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 accept a Bill of Sale Absolute from Value Dining of Tamarac, Inc., for the Water Distribution and Sewage Collection System Improvements installed for the Golden Corral Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That the appropriate City Officials are hereby authorized to accept a Bill of Sale Absolute (attached hereto as "Exhibit 2") from Value Dining of Tamarac, Inc., for the Golden Corral Project Water Distribution and Sewage Collection Temp. Reso. #8482, December 14, 1998 3 System Improvements, located at 7401 West Commercial Boulevard. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, 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 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this -, day of 1999. JOE SCHREIBER MAYOR ATTEST: A-ew� RECORD OF COMMISSIO VOT MAYOR SCHREIBER CARD OLD, CMC/AAE -DIST 1:ti!IM. M�KAYE CITY -CLERK DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF I HEREBY CERTIFY that I have DIST 4: COMM. ROBERT appr d this RESOLUTION X to f6ral /1 MITCHF-LLN KRAFT CITY A NEY TR/krs/mg EXHIBIT 1 TEMP. RESO. # 8482 • COMMONS ----------- ----- > 13 67 ST w CONY V BELLE > TERRE > 66 ST C L c N. OF <E TAMARAC L) MAINL NDS S .15//// <E Li 65 S'T UNIV. 64 CT > SHOPPES IN N OFCS. 64 ST 64 ST EGAN cy- 17' PLAT > 63 CT N N\L z > > 63 —0 IEW DR, \N 0 u > <C CT 63 ST 6 3 ST 62 Cl WATER THUMB ILLAGE ;OUARE LLJ > SAINT 62 ST 6� '2 (2 STW ll� ' PLANT V) (4 Q z MALACHY w > > > > > < < /LL3 JOHN <E < CD 0 ��TE HORAN TER. > cu t' %D (EDGEW 61 TER) ST CURTIS 61 ST < N ANDS SE 10 n > w 3> FIELD NATIONS ^ co 00 PLAT BANK 60 ST LAND SEC, 10 r-./ z- dATERSIDE 60 ST 59 ST Z� X zz xv -4EARTLAND! 58 CT > >' OF <E TAMARAC MIDWAY PLAZA a 58 ST 'mLj u) 58 ST r- cn > < BLOCK Oa C30 57 PL MA114L Us BUSTER V) BIG LOTS > ilD SEC > UNITED BOSTON PLAZA I AE 57 CD CD f- 57 DR STATES CHICKEN (4 ;-- L 57 CT iz 7 CT t-- POST z z OFFICE Li 57 ST >►X LJ < z �4 u < z a. z z Z C3 C3 > GOLDEN < cy Li Li 0 Z V) z m w n x 0 U —i <C cy Q cr� (11) Li cq < LJ cq r-4 < < =_j Dw(L u❑ 4 LLJ CORRAL cl n x z m Li U Ld fl. m M u L) tll<am r' cq < C) c) — — — — — — — — — — — — — — COMMERCIAL - (CO RD. 870) SITE LOCATION LAUDERHILL m z GOLD_COR.DWG GOLDEN CORRAL BILL OF SALE ABSOLUTE "Exhibit 2" ,7 • �J TAMARAC UTILITIES BILL OF SALE ABSOLUTE FOR: Go f--D e-,-J CMttfZ--,4-(-- (a6e)-- U eJ u% D[ $ 0 Project Name KNOW ALL MEN BY THESE PRESENTS, that sq-r-UL R"iz-IL a Plt" ew-r- tb) whose address is ­�>Z o q M W a I-J-p /ru r. ( e� in the County ofand State of Florida, Party of the first part, for and in consideration of the sum of ten dollars (10.00), lawful money of the United States, to be paid by the CITY OF TAMARAC, a municipal corporation of the State of Florida, 7525 Northwest 88t" Avenue, Tamarac, Florida, 33321, Party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered and by these presents does grant, bargain, sell, transfer and deliver unto the said Party of the second part, its successors and assigns, the following goods and chattels: All of the Water Distribution and Sewage Collection System Improvements; together with all appurtenances attached thereto, which lie within the Public Rights -of -Way or within Utility easements provided for Same in the Plat of — �A-fT -t5� Recorded in Plat Book V3 Page i of the Public Records of Broward County. 980605 1 Bill of Sale Absolute • All of the above further described in "As- Builts" Plans for QO,-Oe--,j a copy of which is on file with the City of Tamarac. Prepared by: 2- t KL w• � � I Dated: `l /N/ q$ TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns forever. The party of the First part does covenant to with the Party of the Second part, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said Party of the Second part its successors and assigns against the lawful claims and demands of all persons whomsoever. 980605 2 Bill of Sale Absolute • i IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. 2 Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF OUI D (GRANT ) B T e Name President 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 , VE to me known to be the person(s) described in and who executed the foregoing instrument and /f�- acknowledged before me and under oath that /�E executed the same. WITNESS my hand and official seal this day of 199'R�. ( ✓) Personally known to me, or ( ) Produced Identification 4 ,I e_� NOTARY PUBLIC, State of Florida at Large ;�IARyta TERESA M. KELSON F�My Comm Exp. 10/28/2001 (NameP Ite691int, tamp, or type p, IIoew1.0. Type of I.D. Produced ( ) DID take an oath, or(k) DID NOT take an oath. 980605 3 Bill of Sale Absolute Temp. Reso. #8482 • FROM: CITY OF TAMARAC INTER -OFFICE MEMORANDUM City Manager Director of Utilities Recommendation: UTILITIES DEPARTMENT DATE: December 14, 1998 RE: Bill of Sale Absolute for the Golden Corral Project A Resolution of the City Commission authorizing the appropriate City Officials to accept a Bill of Sale Absolute from Value Dining of Tamarac, Inc., for the Water Distribution and Sewage Collection System Improvements installed for the Golden Corral Project, located at 7401 West Commercial Boulevard, for City ownership. Issue: To accept a Bill of Sale Absolute from Value Dining of Tamarac, Inc., for the Water Distribution and Sewage Collection Systems installed for the Golden Corral Project. Backaround: • Value Dining of Tamarac, Inc., has constructed the Golden Corral Project, which consists of one commercial restaurant. The Water Distribution and Sewage Collection System Improvements required to serve this building have been completed. The improvements were inspected, approved, and recommended for acceptance for the one-year warranty period by the Utilities Engineering Division. The Improvements were also found acceptable and approved for service by the Department of Health. Part II, Section M of the Water and Sewer Developer's Agreement requires the Developer to transfer all Water Distribution and Sewage Collection System Improvements within granted easements and right-of-ways to the City. The Improvements will become the property of the City upon acceptance of the Bill of Sale Absolute by the City Commission. A one-year warranty period for the Improvements will begin upon release of the Performance Bond by the City Commission. The maintenance responsibility of the City will begin after successful completion of the warranty period. The Director of Utilities recommends that the City Commission accept a Bill of Sale Absolute from Value Dining of Tamarac, Inc., for the Water Distribution and Sewage Collection System Improvements installed for the Golden Corral Project. ichael 6Wo6ika 0 MW/krs/mg