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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-199Temp. Reso. #8267, May 19, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-98-� 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 LENNAR HOMES, INC., FOR THE OFFSITE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED FOR THE SOUTHAMPTON PROJECT, LOCATED ON THE WEST SIDE OF NOB HILL ROAD BETWEEN NW 80th Street AND NW 71ST PLACE FOR CITY OWNERSHIP; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc., has constructed and installed the Offsite Water Distribution System Improvements for the Southampton Project, in accordance with the Site Plan approved by the City Commission on December 11, 1996, and which is located on the west side of Nob Hill Road between NW 80th Street and NW 715t Place (attached hereto in map form a "Exhibit 1 "); and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on March 26, 1996, requires Lennar Homes, Inc., to transfer a Bill of Sale Absolute to the City of Tamarac for the Offsite Water Distribution System Improvements installed for the Southampton Project; and WHEREAS, Lennar Homes, Inc., has offered a Bill of Sale Absolute to the City of Tamarac for the Offsite Water Distribution System Improvements installed for the Southampton Project; and 1 Temp. Reso. #8267, May 19, 1998 WHEREAS, the Offsite Improvements were inspected, approved and are recommended for acceptance by the Utilities Engineering Division after a 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 Southampton Project Offsite Water Distribution 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 Lennar Homes, Inc., for the Offsite Water Distribution System Improvements installed for the Southampton 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 appropriate City Officials are hereby authorized to N accept a Bill of Sale Absolute (attached hereto as "Exhibit 2") from Lennar Homes, Inc., for the Southampton Project Offsite Water Distribution System Improvements, located on the west side of Nob Hill Road between NW 80th Street and NW 71" Place. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. fi E I-] Temp. Reso. #8267, May 19, 1998 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of , / * SCHREIBER ATTEST: CAROL G D, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have appro this RESOLUTION as to fafm. I r E�3 RECORD OF COMMISSION VOTE MAYOR SCHREISER MITCHE L W CITY ATTO DIST 1: COMM, -IA'AAYE DIST 2: V/del Ji6S1-MIIV _ DIST 3: C;0M'iV1:S0L-J °:Nt�!UF DIST 4: COMM. ROBEATS CL&Ar^� TR/dav/mg EXHIBIT 2 Temp. Reso.#8267 0 u BILL OF SALE ABSOLUTE KNOW ALL MEN BY THESE PRESENTS, That Lennar Homes, Inc. 7600 Nob Hill Road of Tamarac, in the County of Broward and State of Florida, Party of the first part, for and in consideration of the sum of Ten ($10.00) and no/100 ----- dollars lawful money of the United States, to be paid by the City of Tamarac a municipal corporation of the State of Florida, Broward County 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 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 K.P. Replat Par. "S" recorded in Plat Book 156, Page 3 of the Public Records of Broward County, or in easement documents prepared by separate instrument. All of the above further described in "Record Drawing" plans for Southampton Offsite a copy of which is on file with City of Tamarac Prepared by: Carnahan -Proctor & Associates, Inc. Dated: March 6, 1998 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 and 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 successions and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, I have hereunto set my hand and seal this _ 1� day of , one thousand nine hundred and lv1 Q d'j Temp. Reso. #8267 0 TO: FROM: City Manager CITY OF TAMARAC UTILITIES INTER -OFFICE MEMORANDUM Director of Utilities Recommendation: DATE: May 29, 1998 RE: Bill of Sale Absolute for the Southampton Offsite Improvements A Resolution of the City Commission authorizing the appropriate City Officials to accept a BW,,of Sale Absolute from Lennar Homes, Inc., for the Offsite Water Distribution System Improvements installed for the Southampton Project, located on the west side of Nob Hill Road between NW 80th Street and NW 71 s' Place for City ownership. Issue: To accept a Bill of Sale Absolute for the Offsite Water Distribution System Improvements from Lennar Homes, Inc., installed for the Southampton Project. Background: Lennar Homes, Inc., is constructing the Southampton Project which consists of 644 residential units. The Offsite Water Distribution System Improvements required to serve this Project have been completed. The improvements were inspected, approved, and recommended for acceptance for the one-year warranty period by the Utilities Engineering Division. The Improvements were also found acceptable and approved for service by the Department of Health. Part II, Section M of the Water and Sewer Developer's Agreement requires the Developer to transfer all Water Distribution System Improvements within granted easements and right-of-ways to the City. The Offsite 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 Offsite 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 Lennar Homes, Inc., for the Offsite Water Distribution System Improvements installed for the Southampton Project. Michael Woika TR:dav/mg