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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-027Temp. Reso. #8492, December 18, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-- � 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 (WENDY'S) 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 (WENDY'S) 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 January 14, 1998; and WHEREAS, McNab Joint Venture developer of the McNab Marketplace (Wendy's) 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. #8492, December 18, 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 (Wendy's) 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 Temp. Reso. #8492, December 18, 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 (Wendy's) 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 (Wendy's) Project located on the northwest corner of McNab Road and University Drive. 1 1 1 Temp. Reso. #8492, December 18, 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 (Wendy's) 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 11 Temp. Reso. #8492, December 18, 1998 5 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thisday of 1999. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION OTE CAROL G , CMC/AAE MAYOR SCHREIBER CITY CL RK DIST 1: COMM. MGKAYE DIST 2: V/M MISHKIN I HEREBY CERTIFY that I have DIST 3: COMM. SULTANOF approMd this RESOLUTION as DIST 4: COMM. ROBERTS to fcolm. MW/krs/mg MITCHELL 5!N CITY ATTOR EXHIBIT 1 L 10 TEMP. 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Reso. #8492 TAMARAC UTILITIES ASSIGNMENT FOR: MCNAB MA1ijLF.`f IUA end s 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-6ND NO/100 ($10.00) DOLLARS, and other valuable considerations, received from or on behalf of 5B UNIVERSITY, LLC; NB UNIVERSITY, LLC; and 3510531 CANADA, INC., each as to an undivided one-third inE_er_e­s`L as tenants in common having an address of c/o SHAWN BAYNE, STE,ARNS, 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 • 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 7.5 water and 6 sewer ERC units also known as Utility Connections as referred to in that certain Agreement dated JANUARY 14, 1998 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 JANUARY 14 1998 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 • IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this • day of .19 In the presence of: MCN" JOINT VENTURE By: �' • C�- Name: ANTONIO O. FRA A, 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) : SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforj�'said to take acknowledgments, personally appeared ANTONIO 0. FRAGA' 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 day of 19.�J,q. NOTARY PUBLIC, State of Florida at Large PU OFFICIAL NOTARY SEAL t4e, CARMEN FORTES (Name of NOta -",' �iCpMMISSION NUMBER Print, Stamp, or$ ���ie ) O . 7 1999 (�C) Personally known to me, or ( ) Produced Identification ( ) DID take an oath, or ( ) DID NOT take an oath N Assignment "Exhibit 3" Temp. Reso. #8492 TAMARAC UTILITIES ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: MCNAB MARKETPLACE Wend s Name of Development NB UNIVERSITY, LLC. c/0 SHAWN BAYNE, STEARNS, WEAVER, MILLER, et. al. 200 E. BROWARD BLS having an address of STE. 1900, FT. LAUDERDALE, FL 33301 party of t,e second part, agrees to accept assignment of Utility Connections. ATTEST: CORPORATION Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS • • rail. 71 By: NB UNIVERSITY, LLC. Type Name 114 &�& President PO4 e I I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afore ai and in the County aforesaid to take acknowledgments, personally appeared a VS to me known to be the person(s) described in and who executed the foregoing instrument and LdOD acknowledged before me and under oath that he executed toe same. WITNESS my hand and official seal this JV"K day of = 199a. n �, %1 % ( V )Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, at Large 405 - to of Florida ra Galvan Commission CC703970 Expires December 21, 2001 (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced DID take and oath, or (ueKiD NOT take an oath. 11 C7 980605 1 Acceptance and Acknowledgment of Agreement and Consent to Assignment "Exhibit. 4" Temp. Reso. #8492 TAMARAC UTILITIES is ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: McNab Marketplace Wend 's Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of Janua 14 1998 1 it entered into a Water and Sewer Developer's Agreement concerning McNab Marketplace (Wendy's) "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 Universit 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: By: �± 5- • �) Rob oe, Jr. City Manager ATTEST. By: Carol Gold, CMC1 City Clerk STATE OF FLORIDA ACCEPTED BY C)TY OF TAMARAC By: Joe Sreiber Ma r Date: BIA �N 1� �-- n Ro* t S' Noe, Jr. City Manager Date as to MitcheIVS. Kraft, SS / City Attorney v " COUNTY OF v I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State foresaid and in t e Co my aforesaid to take acknowledgments, personally appeared . to me known to be the person(s) described in and who executed the f regoing i strument and acknowledged before me and under oath that Atu executed the same. WITNESS my hand and official seal this 2,6 day of 199L. ( ✓f Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large (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 OFFICIAI. \f)TA-R-Y-`if*L------ MARION 5WFN5ON NOTARY V BLIC SPATE OF FLORIDA COMMISSION \0. CC605215 MYCOM;MNSION FXI', DF.C, 15,2000 980605 2 Acknowledgement of Agreement And Consent to Assignment • Temp. Reso. #8492 ,7 TO: FROM: CITY OF TAMARAC INTER -OFFICE MEMORANDUM City Manager Director of Utilities Recommendation: UTILITIES DEPARTMENT DATE: December 18, 1998 RE: Assignment of the Water and Sewer Developer's Agreement for McNab Marketplace (Wendy's) 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 (Wendy's) 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 (Wendy's) 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 January 14, 1998, McNab Joint Venture, the developer of the McNab Marketplace (Wendy's) Project, executed a Water and Sewer Developer's Agreement. McNab Joint Venture has since transferred ownership of the McNab Marketplace (Wendy's) 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�Wzze"' Michael Woika MW/krs/mg