HomeMy WebLinkAboutCity of Tamarac Resolution R-99-012Temp. Reso. #8464, November 23, 1998 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99---/A
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 LENNAR HOMES, INC., FOR
WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM IMPROVEMENTS FOR THE EXETER — WEST
PORTION PROJECT, LOCATED ON THE SOUTH SIDE OF
NW 80" STREET BETWEEN NW 108" TERRACE AND NW
106" AVENUE, FOR CITY OWNERSHIP; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Lennar Homes, Inc., has constructed the Exeter -- West Portion
Project and has installed the Water Distribution and Sewage Collection System
Improvements in accordance with the Site Plan approved by the City Commission on
October 22, 1997, which is located on the south side of NW 801" Street between NW
108t" Terrace and NW 106' Avenue (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 January 14, 1998, requires Lennar Homes, 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 Exeter — West Portion
Project; and
Temp. Reso. #8464, November 23, 1998 2
WHEREAS, Lennar Homes, 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 Exeter — West Portion 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 Exeter — West Portion 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 Lennar Homes, Inc., for the Water Distribution and Sewage
Collection System Improvements installed for the Exeter — West Portion Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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Temp. Reso. #8464, November 23, 1998 3
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 Lennar Homes, Inc.,
for the Exeter — West Portion Project Water Distribution and Sewage Collection System
Improvements, located on the south side of NW 80t' Street between NW 108t" Terrace
and NW 1061" Avenue.
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.
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Temp. Reso. #8464, November 23, 1998 4
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this ,�_ day ofQIZ591�,
1999. (7
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&, OE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSI
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C R L GOLD, CMC/AAE DIST 1: COMM. McKAYE
CITY CLERK DIST 2: VL/-(A IVIISHKIN _
I H EBY CERTIFY that I have
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BILL OF SALE ABSOLUTE
"Exhibit: 2"
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BILL OF SALE ABSOLUTE
KNOW ALL MEN BY THESE PRESENTS, That Lennar Homes, Inc. 7600 Nob Hill Road
of Tamarac, in the County of Broward
and State of Florida, Party of the first part, for and in consideration of the sum of
Ten ($10.00) and no/100 ----- dollars lawful money of the United States, to be paid by the
City of Tamarac a municipal corporation of the State of Florida, _Broward County
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
K.F. Replat Far. "E" recorded in Plat Book 156, Page 3
of the Public Records of Broward County, or in easement documents
prepared by separate instrument.
All of the above further described in "Record Drawing" plans for Exeter West Portion
a copy of which is on file with City of Tamarac
Prepared by: William A Hall & Carnahan -Proctor & Associates, Inc.
Dated: April 22, 1998
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 and 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 successions and assigns against the lawful claims and demands of all persons
whomsoever.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
one thousand nine hundred and h p uL f i t t t c� 1
Signed, sealed and delivered in presence of us:'/�
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Temp. Reso. #8464
TO:
FROM:
CITY OF TAMARAC
INTER -OFFICE MEMORANDUM
City Manager
Director of Utilities
Recommendation:
UTILITIES DEPARTMENT
DATE: December 4, 1998
RE: Bill of Sale Absolute for the
Exeter - West Portion Project
A Resolution of the City Commission authorizing the appropriate City Officials to accept a Bill of
Sale Absolute from Lennar Homes, Inc., for the Water Distribution and Sewage Collection System
Improvements installed for the Exeter - West Portion Project, located on the south side of NW 801h
Street between NW 1081h Terrace and NW 1061h Avenue, for City ownership.
Issue.
To accept a Bill of Sale Absolute from Lennar Homes, Inc., for the Water Distribution and Sewage
Collection Systems installed for the Exeter - West Portion Project.
Background:
Lennar Homes, Inc., has constructed the Exeter - West Portion Project, which consists of thirty-five
residential units. The Water Distribution and Sewage Collection System Improvements required
to serve these units 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 Broward
County Department of Natural Resource Protection and 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
Lennar Homes, Inc., for the Water Distribution and Sewage Collection System Improvements
installed for the Exeter — West Portion Project.
Michael Woika
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