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Home My WebLink AboutCity of Tamarac Resolution R-99-079Temp. Reso. #8559, March 8, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-- -47 q1 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 SB UNIVERSITY, LLC., NB UNIVERSITY, LLC, AND 3510531 CANADA INC., FOR WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS FOR THE WENDY'S AT McNAB MARKETPLACE PROJECT, LOCATED ON THE NORTHWEST CORNER OF McNAB ROAD AND UNIVERSITY DRIVE, FOR CITY OWNERSHIP; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SB University, LLC., NB University, LLC. and 3510531 CANADA Inc., has constructed the Wendy's at McNab Marketplace Project and has installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on November 12, 1997, which is located on the northwest corner of McNab Road and University Drive (attached hereto in map form as "Exhibit 1 "); and WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on November 10, 1998, requires SB University, LLC., NB University, LLC. and 3510531 CANADA Inc., to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Temp. Reso. #8559, March 8, 1999 2 Sewage Collection System Improvements installed for the Wendy's at McNab Marketplace Project; and WHEREAS, SB University, LLC., NB University, LLC. and 3510531 CANADA 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 Wendy's at McNab Marketplace Project; and WHEREAS, the Improvements were inspected, approved and are recommended for acceptance by the Utilities Engineering Division for the 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 Wendy's at McNab Marketplace 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 SB University, LLC., NB University, LLC. and 3510531 CANADA Inc., for the Water Distribution and Sewage Collection System Improvements installed for the Wendy's at McNab Marketplace Project. Temp. Reso. #8559, March 8, 1999 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 appropriate City Officials are hereby authorized to accept a Bill of Sale Absolute (attached hereto as "Exhibit 2") from SB University, LLC., NB University, LLC. and 3510531 CANADA Inc., for the Wendy's at McNab Marketplace Project Water Distribution and Sewage Collection System Improvements, located on the northwest corner of McNab Road and University Drive. 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. 3 1 1 1 SECTION 5: passage and adoption. iiFs��l Temp. Reso. #8559, March 8, 1999 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of , ATTEST: d.a-� CAROL LD, CMC/AAE CIT LERK I HEREBY CERTIFY that I have approved this RESOLUTION as MW/krs/tk aS MITCHELL S. K CITY ATTORl' 00E SCHREIBER MAYOR RECORD OF COMNUSSION MAYOR SCHREIBER C DIST 1 : COMMA DIST 2: �V MI","" DIST 3: DIST 4: Comm. r Temp. Reso. #8559 TO: FROM: CITY OF TAMARAC INTER -OFFICE MEMORANDUM UTILITIES DEPARTMENT City Manager Director of Utilities Recommendation: DATE: March 8, 1999 RE: Bill of Sale Absolute for the Wendy's at McNab Marketplace Project A Resolution of the City Commission authorizing the appropriate City Officials to accept a Bill of Sale Absolute from SB University, LLC., NB University, LLC. and 3510531 CANADA Inc., for the Water Distribution and Sewage Collection System Improvements installed for the Wendy's at McNab Marketplace Project, located on the northwest corner of McNab Road and University Drive, for City ownership. Issue: To accept a Bill of Sale Absolute from SB University, LLC., NB University, LLC. and 3510531 CANADA Inc., for the Water Distribution and Sewage Collection Systems installed for the Wendy's at McNab Marketplace Project. • Background: SB University, LLC., NB University, LLC. and 3510531 CANADA Inc., has constructed the Wendy's at McNab Marketplace Project, which consists of one non-residential unit. 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. 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 SB University, LLC., NB University, LLC. and 3510531 CANADA Inc., for the Water Distribution and Sewage Collection System Improvements installed for the Wendy's at McNab Marketplace Project. 2L /t-/& Michael Woika MW/krs/tk EXHIBIT 1 • LJ L.J TEMP. 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J/ UNIV, CTR W W ST r ^ j/ MED CTR HOSP, 72 ST 72 ST o g3�� w //y E� �� l �g 3 71 CT R72B / W❑❑DM❑NT Cl PLACE SQUARE 4 THERAPEUTIC W W CT r 71 ST a WINN SITE d SITE W W oNPO ji �ti TR72C Q ACAD MY � ➢IxIE y TR72A % PIN APP E PK HILLS ^ BANK ❑ MER.O �Q� 70 ST a alp 70 CT.. a N. �� Loa Liw j ¢ �Lj J z ~� W❑❑DM❑NT W❑❑➢MONT ALL SAINTS Ist UNION BANK ALBERTSON p J J a a o m } z / / ¢ 7z PLAZA LUTHERAN as J W COMMONS NATIONS SHELL N 3 BANK v W W •1' W W 'W McNAB READ SANK TEXAC❑ TAMARAC W W W W W W y CONCORD VILLAGE PLAZA W W y W W y y W❑O W W w w W W W UNIVERSITY y y W W y y •V LA w W w w w w W W \W y W W W TS. y w W W� w y y COMMONS SANDS POINT W CA NNpNGq y W W Te W w w \� w BELLE .. yy W C��❑Ny w �� w TERRE W y N. C VERSAILLES TR W \ w W W y ❑F TAMARAC � L GAR.VCt w W ^ -4 WENDY'S,DWC WENDY'S AT McNAH MARKETPLACE BILL OF SALE ABSOLUTE "Exhibit 2" • TAMARAC UTILITIES BILL OF SALE ABSOLUTE WATER & SEWAGE COLLECTION SYSTEMS FOR: WENDY' S Project Name KNOW ALL MEN BY THESE PRESENTS, that SB 'UNIVERSITY, LLC. , NB UNIVERSITY, LLC.,and 3501,.0531 CANADA INC a PARTNERSHIP whose address is 2005 W. CYPRESS CREEK ROAD, STE:202 FT. LAUDERDALE in the County of _BROWARD and State of Florida, Party of the first part, for and in consideration of the sum of ten dollars ($10.00), lawful money of the United States, to be paid by the CITY OF TAMARAC, a municipal corporation of the State of Florida, 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, Party of the second part, the 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 Portion of Parcel A University and McNab Plat Recorded in Plat Book _ 135 , Page 2 of the Public Records of Broward County. 981218 1 Bill of Sale Absolute All of the above further described in "As- Builts" Plans for _Wendy's a copy of which is on file with the City of Tamarac. Prepared by: Clifford R. Loutan Dated: March 5, 1999, 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 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 successors and assigns against the lawful claims and demands of all persons whomsoever. r LJ 981218 2 Bill of Sale Absolute IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on th day and year first above written. Itness Type Name (,.� �" 4U7-'r-'V Witness Type Name STATE OF FLORIDA SS COUNTY OF 4ARIVA ,J?._ (GRANTOR) SB UNIVERSITY, LLC, NB UNIVERSITY, LLC and 3510531 CANADA INC. Type Name/Title SAM BUTTERS/GENERAL PARTNER Type Name/Title 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 _ _ _ ..,� '�_ _ /3 v/ r re � to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this /G day of 199--T. ) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large alallln/ (Name of Notary Public: \ mar : or type as Commissioned` 1 20, 2poAyF s •4 p ; #CC 713963 Type of I.D. Produced"% e••.'•'� ".o�``�```� 5TAlt //N1111111111�� 0 ( ) DID take an oath, or ( ) DID NOT take an oath. 981218 3 Bill of Sala Absolute