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Home My WebLink AboutCity of Tamarac Resolution R-98-124Temp. Reso. #8246 April 29, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-98 -b2 A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO 1) APPROVE A WATER AND SEWER DEVELOPER'S AGREEMENT ASSIGNMENT WITH TRACT 24 ASSOCIATES, INC., FOR THE CORAL COVE (A.K.A. CAMERON GARDENS) PROJECT TO SECURITY CAPITAL ATLANTIC INCORPORATED; 2) APPROVE AN ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT OF THE WATER AND SEWER DEVELOPER'S AGREEMENT EXECUTED BY SECURITY CAPITAL ATLANTIC INCORPORATED; 3) APPROVE AND EXECUTE AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN TRACT 24 ASSOCIATES, INC., AND SECURITY CAPITAL ATLANTIC INCORPORATED. THE PROJECT IS LOCATED ON THE SOUTHEAST CORNER OF NW 81ST STREET AND NOB HILL ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tract 24 Associates, Inc., executed a Water and Sewer Developer's Agreement with the City of Tamarac on October 8, 1997; and WHEREAS, Tract 24 Associates, Inc., developer of the Coral Cove (A.K.A. Cameron Gardens) Project located on the southeast corner of NW 815t Street and Nob Hill Road (attached hereto in map form as "Exhibit 1") sold the project to Security Capital Atlantic Incorporated; and WHEREAS, Tract 24 Associates, Inc., has requested a Water and Sewer Developer's Agreement Assignment to Security Capital Atlantic Incorporated; and Temp. Reso. #8246 April 29, 1998 2 WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Coral Cove Project, the City of Tamarac shall approve all assignments of the Water and Sewer Developer's Agreements; 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 Water and Sewer Developer's Agreement Assignment and the Acceptance and Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement be approved; and that the Acknowledgement of Agreement and Consent to Assignment between Tract 24 Associates, Inc., and Security Capital Atlantic Incorporated be approved and executed; 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 authorize the appropriate City Officials to: 1) Approve the Water and Sewer Developer's Agreement Assignment; 2) Approve the Acknowledgement and Consent to Assignment of the Water and Sewer Developer's Agreement; 3) Approve and execute the Acceptance and Acknowledgement of Agreement and Consent to Assignment between Tract 24 Associates and Security Capital Atlantic Incorporated for the Coral Cove Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. #8246 April 29, 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 City of Tamarac hereby approves and accepts the Assignment of the Water and Sewer Developer's Agreement executed by Tract 24 Associates, Inc., (attached hereto as "Exhibit 2") for the Coral Cove Project located on the southeast corner of NW 815t Street and Nob Hill Road. SECTION 3: That the City of Tamarac hereby approves the Acceptance and Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement executed by Security Capital Atlantic Incorporated (attached hereto as "Exhibit 3"). SECTION 4: That the City of Tamarac hereby approves and executes the Acknowledgment of Agreement and Consent to Assignment for the Coral Cove 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 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. 1 f SECTION 8: passage and adoption. WORD] Temp. Reso. #8246 April 29, 1998 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 13 day of /VA Y ATTES L:��'C4e CAR GOLD, CMC/AAE ItItY CLERK I HERIvedhis ERTIFY that I have HER, RESOLUTION a to r I CHELL S. KRA CITY ATTORNEY Utilities/dav/aml JOE SCHREIBER MAYOR RECORD OF COMMISS MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4:. OMM. ROBERTS VOTE EXHIBIT 1 is El TEMP. RESO. # 8246 C14/CYPRESS CREEK CANAL SIIUHGATE BL tiLni- 83 ST �?�� Q �`SPRINGLAKE\ 7 ma 82 ST — w m 81 MANOR SECTION 23 m e S4 t •_WESTW❑❑D 5 ? 87 �C 7- ..ION, bNr 80 PL 6SECTION 23 0 �� ' EXETER�� WESTW❑OD 5A S� /rr KINGS PT. HUNTINGT❑N 4 �O rrr C❑MMER. PK. rj a �— 8p /j rrr n phi �V rr/ it TR13 !' %� TR23 r �� i/ Bo ST r�rrr�rrrir ir�r c rrr r/r rrrrrrrrrrrrrrr it /rir%rrriirr r it !jr rirrr r ir rrrirrrr r r rr r rrir. / rrjrr/ �rr�/rrr r / / r /rrr 'a i/ r it r rr r ROCKFORD /�%r ��•___�� rj j jrr r� TR28 ri TR29 �rri r % r u n j Y❑RKSHIRE z TR30 rr Ll r� a w WELDON Li j N AMA rl rr 3 / iSPURTS CoMlk6 BISH ~o TR27 r LAND S E 5 /�jj/•TR31 /iii/, / r r Ecr VANGELICAL / / p �- �� ST % 77 Cl COVENANT j ¢ J 76 F� CHURCH Lo -__ Y j WEST LAKE VILLAS KINGS PT. j ¢�\c \' <� q�/ ay� r 76 1?R PROF. PLAZA r cc) \� KINGS P❑INT / 75 CT �° WESTW❑❑D / ¢ -r SALES CENTER r/ q PINES -- & CLUB HOUSE / SPRING LAKE II �o� 7S TR27 r >S S r A� OOeLi 1_.� �°' 9L /ir 74 CT rr N❑RTt WESTWO❑ 3 k.i. / �o 83 ST 83 ST 7 Li m 82 ST C 0 CD a 61 ST / O O ao oo 7R2 &p � L Cp yf '7 L❑MBA DY T R 3 CORAL COVE (a.k.a. CAMERON GARDENS) C❑RALC❑V.DWG WATER AND SEWER DEVELOPER'S AGREEMENT ASSIGNMENT, ACCEPTANCE AND ACKNOWLEDGEMENT OF THE WATER AND SEWER DEVELPOER'S AGREEMENT AND ACKNOWLEDGEMENT AND CONSENT TO ASSIGNMENT EXHIBIT 2 Temp. Reso.#8246 • TAMAR C UTILI IE WATER AND SEWER DEVELOPER'S AGREEMENT ASSIQNMENT FOR: C I Cove A. .A. Cam ron Gardens) Name of Development KNOW ALL MEbj BY THESE PRESENT THAT Tract 24 Associates,Inc. having an address ofm NW_168th Street, U „Miami. Florida3169 , party of the first part, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable considerations, received from or on behalf of Security_ Qapital Atlantic IncoWrated having an address of six Piedmont Center. Suite 600, Atlanta, Ga 30305, party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the party of the second part, the following: All right, title and interest in and to 213,5 water ao sewer ERC units also known as Utility Connections as referred to in that certain Agreement dated Octobpr 8, 1997 by and between Tract 24 Associate,g, Inc.. as Developer, and the CITY OF TAMARAC, a municipal corporation of the State of Florida, as City, which Agreement has been assigned to Seller. A copy of said Agreement dated Qctober 8,,1997 is incorporated by reference. TO HAVE AND TO HOLD the same unto the said party of the second part, its legal representatives, successors and assigns. 9641014 1 Assignmt.wpd E IN WITNESS WHEREOF, the ndersigned has hereunt set its hand and seal, this day of 21 1. __.. 19. i In the presence of: /1 ' f' P By: Z' (CORPORATE SEAIT, STATE OF FLORIDA SS COUNTY OF JY I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 6XJt-Zr 4, /e✓t s to me known to be the person(s) described in and who executed the foregoing instrument and ho acknowledged before me that AA_, _ executed the same. WITNESS my hand and official seal this day of 19Iffi/. NOTARY PUBLIC, State of Florida at LargeFNOrAR'y7 IALNOTARYSEAL, I�RCSATE OF FLiDA tityfl$Sjo" Nn r .,___ v� T (-0'M'�fiSSiQN (Name of Notary Fxr. Auc;. ,z000 Print, Stamp, or Type as Commissioned) (✓) Personally known to me, or ( ) Produced Identification ( ) DID take an oath, or ( 4/DID NOT take an oath. 9641014 M Assignmt.wpd = co-0n r nu Ud , 4U hil-I EXHIBIT 3 Temp. Reso.#8246 LAM ARAC UTILITIES CCEPTAN AN AD CKN EDGMENT F AGR M T AND CONSENT TO ASS1GNhA1=NT OF THE WATER AMM SE R DEVELOPER'S AGREEMENT FOR: CAMERON GARDENS Name of Development SECURITY CAPITAL ATLANTIC INCORPORATED having an address of SIX PIEDMONT CENTER, SUI 600, ATLANTA, GA. 30305 the second part, agrees to accept assignment of Utility Conn cti ns. ATTEST: Type Fame CANDICE WAINWgIGHT W%a Secretary ASSISTANT (Corporate Seal) ey: Type Name kim NEIL. T. BROWN VICE PRESIDENT F. U;_1 Party of STATE OF F&; GEORGIA 266-89-7976 : SS COUNTY OF FULTON _ 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 to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that be __executed the same. 199 8WITNESS my hand and official seal this 26TH day Of FEBR Y , . NOTARY PUBLIC, State of at Large ORGIA i YQ�csry I` a('C' DejCa17 County, Georg a TARA M. MAJEWSKI G� n;nission Fxpires May 31,1997 (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( X) Personally know to me, or ( ) Produced identification ( ) DID take an oath, or ()q DID NOT take an oath. Type of I.D. Produced 961014 0 Accept.wpd EXHIBIT 4 Temp. Reso.#8246 TAMARAC UTILITIES ACKNOWLEDGMENT OF AGREEMfNT ANQ CONSENT TO ASSIGN EN FOR: —Coral Cove A.K.A. Cameron Garden Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of _Qctober„8. 1997 , it entered into a Water and Sewer Developer's Agreement concerning Coral cove A.K.ACameron ns , "Developer's Agreement", with Tract 24 Auociates, Inc.,as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by Trgct 24 Associates. Inc.,, to SPcunty Ca itap I Atlantic IncorporatP�� by Assignment dated April 22, 1 U8 The City hereby consents to and approves the Assignment of the Developer's Agreement from Tract.24 Associates,Iric.. to3ecurity Capital Atlantic Incor d . • 961014 1 Ackacp.wpd ATTEST: t S. Noe, Jr., anager ATTEST: By: Carol Gold, City Clerk CMC/AAE STATE OF FLORIDA COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC B-ei'-t� v: Joe Schreiber MWY/or Date: i3 g R `S. Noe, Jr., Cit Manager Date: ApploveYI as to itchlirS. Kraf 6 City Attorney SS 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 C70 IEa SdER to me known to be the person(s) described in and who executed the foregoing instrument and jam_ acknowledged before me and under oath that lhf x executed the same. WITNESS my hand and official seal this /3 day of , I V19i Y 1991 �O1PpY pG��CtbF'FMAL NOTARY 5ZAL PHYLLIS PoLIKOI�K T ` COMMISSION NUMll411 q CC390392 F y a MY COMMISSION EXP, SEPT 23 (� Personally known to me, or ( ) Produced identification NO/Z 1'1�,"'4 Z"Ov T Y PUBLIC, Sta&46f Florida at Large (Name of Notary' Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ) DID take an oath, or ( DID NOT take an oath. 0 961014 0 Ackacp.wpd