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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: C 1 1 1 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. fl 11 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 r" &, OE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSI O-Q'C4� MAYOR SCHREIBER C R L GOLD, CMC/AAE DIST 1: COMM. McKAYE CITY CLERK DIST 2: VL/-(A IVIISHKIN _ I H EBY CERTIFY that I have rfo ro d this RESOLUTION as r TR/krs/mg CITY DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS EXHIBIT I �11 'EMP. 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PLAZA W i>i _j FAIRFA EXETER-DW EXETER - WEST PORTION BILL OF SALE ABSOLUTE "Exhibit: 2" E 11 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:'/� C] 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 TR:dav/mg