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
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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
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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.
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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
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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
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