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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-019Temp. Reso. #8493, December 21, 1998 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99--1 I 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 McNAB JOINT VENTURE FOR THE McNAB MARKETPLACE (WINN DIXIE) PROJECT TO SB UNIVERSITY, LLC., NB UNIVERSITY, LLC. AND 3510531 CANADA, INC., 2) APPROVE AN ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY SB UNIVERSITY, LLC., NB UNIVERSITY, LLC. AND 3510531 CANADA, INC., AND 3) APPROVE AND EXECUTE AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN McNAB JOINT VENTURE AND SB UNIVERSITY, LLC., NB UNIVERSITY, LLC. AND 3510531 CANADA, INC. FOR THE McNAB MARKETPLACE (WINN DIXIE) PROJECT LOCATED ON THE NORTHWEST CORNER OF McNAB ROAD AND UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, McNab Joint Venture executed a Water and Sewer Developer's Agreement with the City of Tamarac on April 30, 1997; and WHEREAS, McNab Joint Venture developer of the McNab Marketplace (Winn Dixie) Project located on the northwest corner of McNab Road and University Drive (attached hereto in map form as "Exhibit 1 ") transferred ownership to SB University, Temp. Reso. #8493, December 21, 1998 2 LLC., NB University, LLC. and 3510531 CANADA, Inc.; and WHEREAS, McNab Joint Venture has requested an assignment of the Water and Sewer Developer's Agreement to SB University, LLC., NB University, LLC. and 3510531 CANADA, Inc.; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the McNab Marketplace (Winn Dixie) 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 McNab Joint Venture and SB University, LCC., NB University, LLC. and 3510531 CANADA, Inc. be approved and executed; and J Temp. Reso. #8493, December 21, 1998 3 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 Acknowledgement and Consent to assignment; and 3) Approve and execute the Acceptance and Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between McNab Joint Venture and SB University, LLC., NB University, LLC. and 3510531 CANADA, Inc. for the McNab Marketplace (Winn Dixie) 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 McNab Joint Venture, (attached hereto as "Exhibit 2") for the McNab Marketplace (Winn Dixie) Project located on the northwest corner of McNab Road and University Drive. 1 1 f1 Temp. Reso. #8493, December 21, 1998 4 SECTION 3: That the City of Tamarac hereby approves the Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by SIB University, LLC., NB University, LLC. and 3510531 CANADA, Inc., (attached hereto as "Exhibit 3"). SECTION 4: That 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 McNab Marketplace (Winn Dixie) Project (attached hereto as "Exhibit 4") SECTION 5: That the City Clerk is hereby authorized and directed to record said agreement 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 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. 1 I-] I HEREBY CERTIFY that I have aDDWed this RESOLUTION as MW/krs/mg 4Fr.TIONV A passage and adoption. Temp. Reso. #8493, December 21, 1998 5 This Resolution shall become effective immediately upon its 1� PASSED, ADOPTED AND APPROVED this � /'I day of 1999. JOE SCHREIBER / MAYOR ATTEST: 'A za C A R OD LD, CMC/AAE CI LERK RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: VIM MISHKIN DIST 3: DIST 4: COMM. SULTANOF COMM. ROBERTS EXHIBIT 1 • Cl • I'L''MF. hhI!iU. # t34W:i /i, W W W W W W W W W W W �• ,'//�/i/ W y W GIR Liz 7 ¢ 'A• W FERN TR55""' mu n v F78 AVALON WOODM❑NT COUNTRY W j NES W CIR^ °�° 78 CT W W y y y y y= y W W yVB W CQ 78 ST z y w W W �,, _ / j� THE CENTRE CD WOODMONT J W W '`a z Q in IY H v W y y W d W y y y 77 ST TR74 4.J �D�OD W W W W i W y y y Q . % TAMARAC 4 yGo W q Q / ELEM ¢ $4PCK W 75W S. W W or a9 j [�✓/. SCHOOL v a 'RQ AL ti PALM Oq� Q W T CIR I ] PAL 1 -V ^ W SI ER ¢ 73 % ��/ T PARK C � S.BELL WPALW CT CL �tO / TR75 IT Q 76 ST 7 W te TOWN v a W W 7ST PLAZA ^ ¢ 75 ST n 0 W j4'C '0 �" r �" �-' ! r~-� GREENBRIAR .I',. 9 'ENVIRONMENTALLY s, y s� C �^. > W W WW ROIlMONT �^� y _ _ �_ r�r / 73 ST TAMARAC ] r r r r MED. 7z CT j W y y W / UNIV. UNIV. CT PICCADILLY W y r MED CTR H❑SP. ST ( �r J �,/ 72 ST 72 ST 3 71 CT R72B j T WO❑DMONT e PARK �F y W W 1/ / �/ ¢ i1 G PLACE SQUARE J� THERAPEUTIC CT Tm < ;.,r— SITE W W r w 71 ST a LOCATION la TR72C Q ACAD MY °n° (VM DM) �O BA, K 'O R72A % PIN APP E K co HIL S r` uFF -� 70 ST a ,a 3 WENDY'S N. AMER. Z Q ¢ r w 70 CT 1st UNION ozQ LJX w / z ry WOODMONT WOODM❑NT ALL SAINTS BANK ALBERTSQN � CK � ¢ } y / ¢ 7Z PLAZA LUTHERAN SHELL © a m r ¢ w % as rJ'" COMMONS NATIONS '� cn yr t N BANK V W W W W W W W y y y M c N A B R A D BANK TEXAC❑ TAMARAC CONCORD VILLAGE PLAZA W W y y W W W ,WOO W W W W W y W •V LA y y y y y y W y UNIVERSITY \ W W y W W TS. y y y a \ y y W COMMONS SANDS P❑INT \ W y y W CA y y W y NN�NGATe �' W \�, BELLE E \ \NE y y W �O�•1N �, W �.r , N OF \��. W y VERSA JR W y W TAMARAC v ILLES GARDENS McNAB MARKETPLACE (WINN DIXIE) WINDIXIE•DWG ASSIGNMENT, ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT, AND ACKNOWLEDGEMENT OF AGREEMENT ANTI rnNSFNT Tn ASSTGNMFNT. "Exhibit 2" Temp. Reso. #8493 TAMARAC UTILITIES ASSIGNMENT FOR: — MCNAB MARKETPLACE (Winn —nixie) _ NAME OF DEVELOPMENT KNOW ALL MEN BY THESE PRESENT THAT MCNAB JOINT VENTURE Having an address of 2299 S.W. 37 Ave. 4th Floor, Miami, FL 33145 , 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 SB UNIVERSITY, LLC; NB UNIVERSITY, LLC; and 3510531 CANADA, INC., each as to an undivided one-third interest as tenants in common having an address of c/o SHAWN BAYNE, STEARNS, WEAVER, MILLER, WEISSLER, ALHADOFF & SITTERSON, P.A., 200 E. BROWARD BOULEVARD, SUITE 1900, FT. LAUDERDALE, FLORIDA 33301 , party of the second part, at or before the ensealing and delivery of these presents, the receipt 0 a 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 13 water and 6 sewer ERC units also known as Utility Connections as referred to in that certain Agreement dated APRIL 30 1997 by and between MCNAB JOINT VENTURE , 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 APRIL 30, 1997 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. 981016 1 Assignment 0 IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this • day of In the presence of: 19_ MCNAB JOINT VENTURE Name: ANTONIO O. FRAGA, as Vice President of Aleso McNab, Inc. and as President of Fraga Family Corp., the sole general partner of FIRC McNab, Ltd., Aleso McNab, Inc. and FIRC McNab, Ltd., being the only partners of McNab Joint Venture (CORPORATE SEAL) STATE OF FLORIDA SS COUNTY OF 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 ANTONIO O. FRAGA1 to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal this c� Yt� day of 19�. ( Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large tiP'RY P& OFFICIAL NOTARY SEAL _ CARMEN FORTES N ' x COMMISSION NUMBER M (Nar Q r 1P USION EXP. Print, S.' sioned) 0 ( ) DID take an oath, or ( ) DID NOT take an oath. 981016 2 Assignment "Exhibit 3" Temp. Reso. #8493 TAMARAC UTILITIES ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: MCNAB MARKETPLACE (Winn Dixie) Name of Development SB UNIVERSITY, LLC. c/b SHAWN BAYNE, STEARNS, WEAVER, MILLER, et. al. 20D E. BROWARD BLV' having an address of STE. 1900, FT. LAUDERDALE, FL 33301 party of tie second part, agrees to accept assignment of Utility Connections. ATTEST: CORPORATION In Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA COUNTY OFBpa!�D : By: SB UNIVERSITY, LC. Type Name Presidentrntaej I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid an-d-in the County aforesaid to take acknowledgments, personally appeared ��'jj ^ ;�; to me known to be the person(s) described in and who executed t e foregoing instrument and L:acknowledged before me and under oath that J�o executed the same. WITNESS my hand and official seal this �i'"` day of ovec%k . 99 $ (1 NOTARY'PUBLIC StaVf Florida a, Laura Ga n at Large *�*MyCommlaslonCC703970 $ r (Name of Notary Public: Print, Stamp, or type as Commissioned) ( ) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take and oath, or (C1 DID NOT take an oath. • • 980605 Acceptance and Acknowledgment of Agreement and Consent to Assignment "Exhibit 4" Temp. Reso. #8493 • TAMARAC UTILITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT LJ • FOR: McNab Marketplace Winn Dixie Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of April 30, 1997 , it entered into a Water and Sewer Developer's Agreement concerning McNab--Marketplace Winn Dixie "Developer's Agreement", with McNab Joint Venture as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by McNab Joint Venture to SB University, LLC., NB University, LLC. and 3510531 CANADA Inc. by Assignment dated The City hereby consents to and approves the Assignment of the Developer's Agreement from McNab Joint Venture to _ SB University, LLC., NB University, LLC. and 3510531 CANADA Inc. . 980605 Acknowledgement of Agreement And Consent to Assignment ATTEST: S. BYZ�� RoleS. Noe, Jr. City Manager ATTEST: By: Carol Gold, CMC/AAC City Clerk STATE OF FLORIDA ACCEPTED BY CITY/ OF TA JMIARAC Joe S reiber Mayor Date: y By. 1 S Y ►�D� Ro rt -. Noe, Jr. City Manager D # I 1 o2C_ Approicalso f By: MitOel 'S. Kraft, : SS Attorney COUNTY OF I HEREBY CERTIFY that on this day, befo eC , an officer duly authorized in the State foresaid and in th Cou afo said to take acknowledgments, personally appeared J >`� to me known o be the person(s) described in and who executed the f regoing Instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this of day of 199-t. 61 ( —)_f� ersonally known to me, or ( ) Produced identification i NOTARY PUBLIC, State of Florida at Large Ax/el o'J _<Xjz ) So '13 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or (`DID NOT take and oath MARIQ\ 5WF'\SON � ETA RY VL 8LIC c, TATE OF FLORIDA C1:MMISSION 1 [n, CCW5215 \qY G"r)n� Nlti4ih)� E kI', DEC. 172000 980605 2 Acknowledgement of Agreement And Consent to Assignment • .7 Temp. Reso. #8493 TO: FROM: CITY OF TAMARAC INTER -OFFICE MEMORANDUM City Manager Director of Utilities Recommendation: UTILITIES DEPARTMENT DATE: December 21, 1998 RE: Assignment of the Water and Sewer Developer's Agreement for McNab Marketplace (Winn Dixie) Project A Resolution of the City Commission authorizing the appropriate City Officials to: 1)approve an Assignment of the Water and Sewer Developer's Agreement with McNab Joint Venture for the McNab Marketplace inn Dixie) Project to SB University, LLC., NB University, LLC. And 3510531 CANADA, Inc.; 2) approve an Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by SB University, LLC., NB University, LLC. and 3510531 CANADA, Inc.; and 3) to approve and execute an Acknowledgement of Agreement and Consent to Assignment between McNab Joint Venture and SB University, LLC., NB University, LLC. and 3510531 CANADA, Inc. The project is located on the northwest corner of McNab Road and University Drive. 0 Issue: McNab Joint Venture developer of the McNab Marketplace (Winn Dixie) Project has transferred ownership to SB University, LLC., NB University, LLC. and 3510531 CANADA Inc., requiring an Assignment, an Acceptance and Acknowledgement of Agreement and Consent to Assignment, and Acknowledgement of Agreement and Consent to Assignment. Background: On April 30, 1997, McNab Joint Venture, the developer of the McNab Marketplace (Winn Dixie) Project, executed a Water and Sewer Developer's Agreement. McNab Joint Venture has since transferred ownership of the McNab Marketplace (Winn Dixie) Project to SB University, LLC., NB University, LLC. and 3510531 CANADA, Inc., requiring an Assignment of the Water and Sewer Developer's Agreement; Acceptance and Acknowledgement of Agreement and Consent to Assignment; and Acknowledgement of Agreement and Consent to Assignment. The Director of Utilities recommends approval of this Assignment; Acceptance and Acknowledgement of Agreement and Consent to Assignment; Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between McNab Joint Venture and SB University, LLC., NB University, LLC. and 3510531 CANADA, Inc. •/ ////Z, � , Michael Woika MW/krs/mg