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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-022Temp. Reso.#8100 December 29, 1997 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 PROSPECT COMMERCIAL, INC., FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS FOR THE BAGELMANIA PROJECT LOCATED ON THE SOUTHWEST CORNER OF COMMERCIAL BOULEVARD AND PROSPECT ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Prospect Commercial, Inc., has constructed the Bagelmania Project, located on the southwest corner of Commercial Boulevard and Prospect Road (attached hereto in map form as "Exhibit 1 ") and has installed the Water Distribution System Improvements; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on December 11, 1996, requires Prospect Commercial, Inc., to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution System Improvements located on the Bagelmania Project; and WHEREAS, Prospect Commercial, Inc., has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution System Improvements installed for the Bagelmania Project; and WHEREAS, the Improvements were inspected, approved and are recommended Temp. Reso.#8100 December 29, 1997 2 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 Bagelmania 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 Prospect Commercial, Inc., for the Bagelmania Water Distribution System Improvements installed for the Bagelmania 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 accept a Bill of Sale Absolute (attached hereto as "Exhibit 2") from Prospect Commercial, Inc., for the Bagelmania Project Water Distribution System Improvements located on the southwest corner of Commercial Boulevard and Prospect Road. 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 Temp. Reso.#8100 December 29, 1997 3 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 a2 $ day of Y4"� 1998. �L JOE SCHREIBER MAYOR t PATRICIA MARCURIO, CMC ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to fob Ir V " MITCHELL S. CITY ATT NEY RECORD OF COMMIS TR/dav/aml MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 1 N VOTE EXHIBIT 1 TEMP. RESO. # 8100 • BAGELMANIA BAGEL2, ➢WG BILL OF SALE ABSOLUTE EXHIBIT 2 Temp. Reso.#8100 TAMARAC UTILITIES 0 BILL OF SALE ABSOLUTE FOR: Bagelmania Project Name KNOW ALL MEN BY THESE PRESENTS, that Prospect Commercial Inc. a Florida Corporation whose address is 943 Clint Moore Rd., Boca Raton FI. 33487 , in the County of Palm Beach 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: • rI 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 Tamarac Lakes South Recorded in Plat Book 62 , Page 24 of the Public Records of Broward County. 961010 1 Bosa.wpd All of the above further described in "As- Builts" Plans for Prospect Commercial, Inc., a copy of which is on file with the City of Tamarac. Prepared by: Martin P. Heise 943 Clint Moore Rd. Boca Raton, FI 33487 Dated: 12/11 /97 TO HAVE AND TO HOLD the same unto the said party of the sFuond part, its successors and assigns forever. 01 The party of the First part does covenant to with the Party of the Second part, its E 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. TUWBOS 2 Bosa.wpd IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTE : GRA By: By: Type Name ' '.3 - Corporate Secretary STATE OF FLORIDA COUNTYSS Type Name _.w_ AViQ ae-i S-Q �icz-er-eeit HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and d 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. 63E, acknowledged before me and under oath that _tAE_.executed the same. 199 1 . WITNESS my hand and official seal this l4day of �s�.L TAR, "UBLIC, State of Florida p�pyA1,,WAYo�gAt arge J 8� G5C A Q� Gb`�8 � pp1 C L^ F Z- c°Mlss�oN (Name of Notary,Public: Print, G° Stamp, or Type as Commissioned) (�) Personally know to me, or ( ) Produced identification Type of I.D. Produced DID take an oath, or ( DID NOT take an oath. 961010 3 Bosa.wpd