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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-147Temp. Reso. #8627, May 10, 1999 1 Revision #1, June 8, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99 --14/1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO 1) APPROVE AN ASSIGNMENT OF THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH CHANCELLOR OF TAMARAC, INC. TO IRVING MILLER, TRUSTEE FOR THE WOODMONT GARDENS PROJECT; 2) APPROVE AN ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY CHANCELLOR OF TAMARAC, INC., AND; 3) APPROVE AND EXECUTE AN ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN CHANCELLOR OF TAMARAC, INC. AND IRVING MILLER, TRUSTEE, FOR THE WOODMONT GARDENS PROJECT LOCATED ON THE SOUTH SIDE OF SOUTHGATE BOULEVARD BETWEEN NW 815T AVENUE AND PINE ISLAND ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Irving Miller, Trustee for the Woodmont Gardens Project executed a Water and Sewer Developer's Agreement with the City of Tamarac on December 23, 1987; and WHEREAS, Irving Miller, Trustee of the Woodmont Gardens Project located on the south side of Southgate Boulevard between NW 81st Avenue and Pine Island Road (attached hereto in map form as "Exhibit 1 ") assigned the Water and Sewer Developer's Agreement to Chancellor of Tamarac, Inc. on April 8, 1998; and Temp. Reso. #8627, May 10, 1999 2 Revision #1, June 8, 1999 WHEREAS, Chancellor of Tamarac, Inc. is now assigning the Water and Sewer Developer's Agreement for the Woodmont Gardens Project back to Irving Miller, Trustee of the Woodmont Gardens Project; and WHEREAS, Chancellor of Tamarac, Inc., has requested an assignment of the Water and Sewer Developer's Agreement to Irving Miller, Trustee; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Woodmont Gardens 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 Acknowledgment of Agreement and Consent to Assignment be approved; and that the Acknowledgment of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Chancellor of Tamarac, Inc, and Irving Miller, Trustee, be approved and executed; and 1 1 1 1 Temp. Reso. #8627, May 10, 1999 3 Revision #1, June 8, 1999 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 Acknowledgment and Consent to Assignment; and 3) approve and execute the Acceptance and Acknowledgment of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Chancellor of Tamarac, Inc., and Irving Miller, Trustee, for the Woodmont Gardens 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 City of Tamarac hereby approves and accepts the Assignment of the Water and Sewer Developer's Agreement executed by Chancellor of Tamarac, Inc., (attached hereto as "Exhibit 2") for the Woodmont Gardens Project located on the south side of Southgate Boulevard between NW 81' Avenue and Pine Island Road. 1 1 1 Temp. Reso. #8627, May 10, 1999 4 Revision #1, June 8, 1999 SECTION 3: That the City of Tamarac hereby approves the Acceptance and Acknowledgment of Agreement and Consent to Assignment executed by Irving Miller, Trustee, (attached hereto as "Exhibit 3") SECTION 4: That the City of Tamarac hereby approves and authorizes the appropriate City Officials to execute the Acknowledgment of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement for the Woodmont Gardens Project (attached hereto as "Exhibit 4"). SECTION 5: That the City Clerk is hereby authorized and directed to record said agreements in the public records of Broward County. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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. Temp. Reso. #8627, May 10, 1999 5 Revision #1, June 8, 1999 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thid— day of 1999. JOE SCHREIBER ATTEST: CAROL OLD, CMC/AAE CIYY CLERK I HEREBY CERTIFY that I have appr ved this RESOLUTION as to r v�.t1Ls( MITCHELL S. F CITY ATTO NEY MW/krs/tk 1 MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. P4� DIST 2: VIM MtSHIGN DIST 3: COMM. DIST 4: COMM. RQ_WIM - EXHIBIT 1 E.] • 'YEMY. 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