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Home My WebLink AboutCity of Tamarac Resolution R-98-331Temp. Reso. #8427, October 20, 1998 1 Revision 1, November 9, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98 ..33 A RESOLUTION OF THE CITY COMMISSION TO AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH MCNAB JOINT VENTURE FOR THE MCNAB MARKETPLACE (WINN-DIXIE) PROJECT, LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY DRIVE AND MCNAB ROAD, CHANGING THE LEGAL DESCRIPTION OF THE PROJECT SITE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, McNab Joint Venture, developer of the McNab Marketplace (Winn - Dixie) Project, located on the northwest corner of University Drive and McNab Road executed a Water and Sewer Developer's Agreement on April 30, 1997; and WHEREAS, it has been determined that the legal description shown in "Exhibit A" of the Water and Sewer Developer's Agreement does not accurately define the project site; and WHEREAS, the current "Exhibit A" of the Water and Sewer Developer's Agreement includes the site outparcels as part of the project site, which is not accurate; and WHEREAS, the First Amendment to the Water and Sewer Developer's Agreement (attached hereto as "Exhibit 1") provides a corrected legal description of the project site that will replace the legal description on the original Water and Sewer Developer's Agreement; and 1 Temp. Reso. #8427, October 20, 1998 2 Revision 1, November 9, 1998 WHEREAS, it is the recommendation of the Director of Utilities that this First Amendment to the Water and Sewer Developer's Agreement between the City of Tamarac and McNab Joint Venture for the McNab Marketplace (Winn -Dixie) Project 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 accept and execute a First Amendment to the Water and Sewer Developer's Agreement from McNab Joint Venture. 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 and execute a First Amendment to the Water and Sewer Developer's Agreement (attached hereto as "Exhibit 1") with McNab Joint Venture for the McNab Marketplace (Winn -Dixie) Project. SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 Temp. Reso. #8427, October 20, 1998 3 Revision 1, November 9, 1998 SECTION 5: 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 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /d 6 day of 1998. ATTEST: J2"-, �" CAROL 4LD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I MWlmg this RESOLUTIO MITCHELL�.�K F CITY Al -�°ORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION/VOTE MAYOR S_qt REIBER DIST 1: CCMM• M�KAYE DIST 2: V/rvi MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM�. RO 5RTS "EXHIBIT 1" FIRST AMENDMENT TO TAMAR.AC UTILITIES WATER AND SEWER DEVELOPER'S AGREEMENT FOR: McNab Marketplace (Winn Dixie) GENERAL LOCATION: Northwest corner of University Drive and McNab Road. THIS AGREEMENT effective this L_' q day of 1998, made and entered into by and between: The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, herein called "City" and MCNAB J.V. at 2299 S.W. 37th Avenue, 4th Floor, Miami, Florida 33145 hereinafter called "Developer" • and • MCNAB J.V, at 2299 S.W. 37th Avenue, 4th Floor, Miami, Florida 33145 hereinafter called "Owner". W I T N E S S E T H WHEREAS, the City, the Developer and the Owner entered into that certain Water and Sewer Developer Agreement recorded in Official Records Book 26702, Page 681; and WHEREAS, the legal description attached as Exhibit "A" to that Agreement is erroneous and does not describe the property intended to be covered by such Agreement. NOW, THEREFORE, the parties hereby amend the Developers Agreement as follows: 1. Exhibit "A" to the Developer's Agreement is hereby deleted in its entirety and replaced by Exhibit "A" attached hereto. 980605 1 Amendment to Water and Sewer Developer's Agreement • L IN WITNESS W = �_ -he parties hp1-eto : ave ca�se�, these presents to be executed on Ythe day and year indlca:ed below: Signed, sealed and delivered in the presence of ATTEST: By. Vbeirmt . Noe, ty Manager ATTEST: By: Carol Co]. , CMC/AAE City Clerk STATE OF FLORIDA M COUNTY OF BROWARD ACCEPTED BY C{TY Or TAMA.RAC GRANTED' By. 7ple Schreiber ayor Date: By: Robert S. Noe, Jr., City Manager Date: // APP ov s f m B ZMitchell S. , City Attorney 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 Joe Sch r 9,A)ye,Jr, to me known be the in and who executed the foregoingt i strum ntrand(syW scribed acknowledged before me and h that same. executed the 1998. WITNESS my hand and official ( <Personally known to me, or ( )Produced Identification seal this _Z_? day off, NOTARY PUBLIC, State of Florida at Large OFFICIAL \0TARYSEAL (Na j =fyffat(azymHab?)9I@h Print, St amPCQi'�"e'\96-��l�1is ioned) M COMMIS.' ' FSP. DEC. 15,2000 Type of I.D. Produced ( )DID take an oath or ( /)DID NOT take an oath. 980605 2 Amendment to Water and Sewer Developer's Agreement • • • ATTEST: WITNESS Type Name Elaine Mar WITNESS Type Name: STATE OF FLORIDA :SS COUNTY OF DADE DEVELOPER By Antonio 0. Fra a President Type Name/Title MCNAB J.V. Fraga Limited VII, a Florida Partnership By: FIRC Management, Inc., its General Partner 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 ANTONIO 0. FRAGA to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed same. WITNESS my hand and official 1998. `\\ow"I l l rllllll7��i ```�ti Q,oy�an.. Quip SST 26 FrA� •• S *� #CC647546 ;P, ' yopded �� A • Fa�� •Inso�a••.4� `�� ,/;"" � z/C rii seal this Q0 day of UL7 NOTARt PUBLIC, tat of Florida a Large Q�LAA-4- (Name of Notary'Public: Print, Stamp or Type as Commissioned) ( 'mi)Pearsonal,ly known to me, or ( )Produced Identification Type of I.D. Produced ( )DID take an oath or (✓)DID NOT take an oath. 3 Amendment to Water and Sewer Developer's Agreement C: • IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written in order to consent hereto as Mortgagee only. ATTEST: MORTGAGEE: MELLON UNITED NATIONAb BANK By: �, F/K/A UNITED N IONA � d B '1 Typ Name : �4 Z Q, �oR�►I..ES y i Type Name: (Corporate Seal) STATE OF FLORIDA .SS COUNTY OF DADE 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 kC0 1 L(C- of United National Bank to me known to be the person(s) described in and who executed the foregoing instrument and _14e acknowledged before me and under oath that - executed same. 1998. WITNESS my hand and official _. rrki-ar", YAZMIN O. MORALES MY COMMISSION N CC 667U8 EXPIRES: July 29, 2001 90nded Thnu Notary Public underwftrs (V )Personally known to me, or ( )Produced Identification ( )DID take an oath or •C,.ir 7ARX PUBLIC, State of Florida t Large W Q. f"KCPA ZEs (Name of Notary Public: Print, Stamp or Type as Commissioned) Type of I.D. Produced �'f"DTD NOT take an oath. 4 Amendment to Water and Sewer Developer's Agreement rI • / -I J L ATTEST: WITNESS Type Name: Elaine Mar WITNESS Type Name: STATE OF FLORIDA SS COUNTY OF DADE OWNER: By: Antonio O. Fraga, President Type Name/Title McNab J.V. Fraga Limited VII, a Florida Partnership By: FIRC Management, Inc., its General Partner 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 ANTONIO 0. FRAGA to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed same. 1998. WITNESS my hand and official \0%j1111111//t11 Quintana MMtiSSIDNF�•.• �� gC J�1sT 26?Qi?n S Q t s o'; #CC 647546 ; o 9p'. TiaBonded t��°�c� •• O�� r .yfai•n-Ins�ca.•�Q �� A�841c ( Personally know611�me, or ( )Produced Identification seal this ap day of-.-1Lt2 dZ"�.t�t. NOTARY PUBLIC,' Stxte of Florida t Large �) &A,L �- _ (-.lam" (Name of Notary Public: Print, Stamp or Type as Commissioned) / Type of T.D. Produced ( )DID take an oath or (/)DID NOT take an oath. G:\MCM\MCNAB\DEVAGR.WIN 5 Amendment to Water and Sewer Developer's Agreement i = �;I;r.= �S i•ti' C.Xrilri1'1' "A" neoi SURD NOTES, L NOT VALID RTTHOUT THE SIGNATURE AND THE OR3G UL RAl51O1 SEAL OF A FLOFMA LICENSED SURVEYOR AND 1UAPPER. 2. LAM SHOWN HUZON WERE NOT A85TRACM FOR RIGHTS OF WLY, EASEMENTS. OWFiE Mr. OR OTHER INSTRUMENTS OF RECORO. I BEARINGS SHOWN HEREON ARE RPIATIVE TO THE PLAT OF 'UNIVERSTY AND HcFIAB PLAT• P.B.135, PAGE 2. BRORARD COUNTY RECORDS) WITH A REFFAEtJCE RDBEARING OF SOUTH 1 89'Of STEAST ALONG THE CENTUIM OF ue-w ROAD. I 4. THE LAND OESCkPTIQN' HEREON WAS PREPARED BY THE SURVEYOR. S. THIS SKETCH IS NOT A BOLIMDARY SURVEY AS SUCH. G. T14S SKETCH DOES NOT A CONSTITUTE A FIELD SURVEY AS SUCH. r , LAND DESCRPTKIN: PARCEL 'A', UNNERSITY AND IICHAB• PLAT'. ACCORDING TO THE PLAT THEREOF AS RECORBED IN PLAT BOOK 135, PAGE 2. OF THE PUBLIC RECORDS OF THE BRORARD COUNTY, FLORIDA. LESS TLSEFROLU OUT PARCEL 2 CWMY-S) A PORTION OF PARCEL 'A• OF 1JUVERSITY AND MCNAS PLAT' AS RECORDED IN PLAT BOOK 13S. PAGE 2 OF THE PUBLIC RECORDS OF BROMARD COUNTY. ORDA. MORE PARTICULARLT DES=FD AS FOLLOWSI BEGIMPWIG AT THE NORTHEAST CORNER OF SAID PARCEL 'A•; THENCE SOUTH 001216' EAST. ALONG THE ITESTERLY RIGHT-OF-WAY LINE OF UNIVERSITY DRIVE. SAYE &"SAG THE EAST LJNE OF SAID PARCEL 'A•.140.03 FEET; THENCE SOUTH 89.41'44• NEST, 225.41 FEET, THENCE NORTH 001216' WEST, N4.65 FEET TO THE NORTH LDE OF SAD PARCEL. 'A'. THEM SOUTH 89'OI'50• EAST. ALONG • =! SAID NORTH LINE OF SAID PARCEL @A*.225.4T FEET TO THE POKT OF BEwmG. ALSO LESS THEREFROM t OUT PARCEL IffGiST UNK*o A PORTION OF PARCEL 'A• OF -UNIVERSITY AND MCFIAS PLAT' AS RECORDED N PLAT BOOK 135. PAGE 2 OF THE PUBLIC RECORDS OF BROdARO COUNTY. FLORIDA. MORE PARTICULARLY DESCRIBED AS .. FOLLOTSI SEGNMIG AT THE EASTERLY MOST SOUTHEAST CORNER OF SAID PARCEL 'A', THENCE NORTH 89TMW VEST. ALONG A SOUTH LINE OF SAD PARCEL 'A•, 225.46 FEETI THENCE NORTH DOV%* WEST.ALONG A LICE 225 FEET WEEST OF AND PARALLEL R1TH THE EAST LINE OF SAID - PARCEL 'A'.18LU FEETI THENCE NORTH 89.47'44• EAST. 225.41 FEET TO A POINT ON SAID EAST LIFE OF SAID PARCEL 'A', SAME BEING THE WEST RIGHT-OF-WAY L2X OF G4VERSITY DR1VE1 THENCE SOUTH 0012'16' EAST, ALONG SAID EAST LINE OF SAD PARCEL •A•. 5A1E BEM THE ,t SAD REST RICNT•OF-NAY LIE OF UNIYERSITY ORIVQ ISLSO FEET TO THE PONT OF WGINIBNC. r ) h' • ' 1 • i ��.:•t SKETCH OF OESCRlPTTON DATE'pF4g'>RS •_ - • .. - - , MCI. 'A• UmirTY Are 110" rur ri, a�t f exA DO A ATE 9� SCALE � AT» 1S M �� ui IAAitlflY� rA. raa� FIA�II 19 )^ : ;�. • PORI1dt 7T. t ainrinil r T' = FAAIW Q'JL (.M 3L LtKJ LYING MJ 9. Wh° �tlwltswer�u AtTtlurtrr 1� • ` w 'r A '3Li�1 4 Toot" 49 WUTK Ir-..„rTAQTf �,;,,�• rt�',- . _``� OTY d T M0llu0 GO 1 R DRAPE MINO- .� �'t .M -►• `�y.tv.�M'r �:. �y..'i•ya• -r'• •� •�-• :� i •' .•1 /•• - 1 •t.w v ( r • r r i r �11 / 1 �•il, '� '\. • •• .- +,:.� ...�1 ,1.P. �Y. �r.J tUR7189F6088? UM OESCwTIOT$ (CONTram T011m WTH, A PditM OF TRACT NT 'FORT LAUDERDALE TT2= FARMS' AS RECORDED IN KIT BOOR 4. PACE 31OF THE PUBLIC RECORDS OF BRaVARD COMITY FLORDA.UORE PARTiC1LARLY DESCRIBED AS Mora BEGNMG AT THE SOUTNITEST CORNER OF SAID PARCEL 'A., TNENCE SOWN 00'12'I6•EAST. WA FEET TO THE SOUTH LINE OF SAD TRACT R, THENC£ MTERLY ALONG THE SOUTH LRO: OF SAID TRACT TT. NORTH SSWS0r WEST, 127.45 FEETr TI9XCE NORTH polm EAST. 2T.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST. HAVING A RAMS Of %W FEET, THD CE NORTHEASTERLY ALONG THE ARC OF SAD CURVE THROUGH A CENTRAL, ANGLE OF 90"DO.00•. AN ARC DISTANCE OF 79M FEET, THENCE SOUTH 89'OP50- EAST. 24.65 FEETI THENCE NORTH 00"LS'16• HEST, 222.9 FEET1 THENCE SWM 89mr 0' EAST. 50.77 FEET TO TLE REST LDNB OF SAID PARM 'A's THE}NCE SOUTIiERLY ALONG SAID HEST LII'NE.. SOUTH OOlM' EAST. 266.06 FEET TO THE POINT OF BEGINNING SAD LANDS LYING IN THE CITY OF TAMARAC,-BROMARD COUNTY. FLORIDA. CONTAINING 274.376 SQUIRE FEET.16--NM ACRES) UORE OR LESS. •ram CERMC_ATTi 1 KXBT CERTIFY THAT THE ATTACHED SXETCH OF DESCRIPTION OF THE muMaN OESCRISED rKmTr IS OEPICTED TO THE BEST OF MY DELIEATED LIDER Y DIRECTION ON SEPTWER 22 Pny.I FURTHER CERifY THAT THISASKETCH OF OECWTION SETS THE Wald TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF O AMRJ$MnvE CODE ftR9T TSECTIOhl AND77-027. FLORIDA STATUTES. SUBJECTSI T 0 THEA WIOLIALMTMN5 NOTED HERm "- :��+ %.Nam�-- • r2 KEITH AM SCMARS. P.A. 2n;MA SYr O!._ FLWDA REGISTRATION Nm 5US ` • ? :-'��'. `yip.-••,� SRETCH OF DESCW ! •� r:i .�-� - : • - S,. C'`d ram •r-inv Jmw T10N � DUE AEYl9(Is � Aj11 �AQ�� P�. !' .+a �+.$ .�... "� ' w r isx OF ro. aa�xl AAo A SCALE Aaat.rAr. ecAeac _ s...:. rwlal rA10l`f'ra L /G. x e c11r LYrlo FAD 6L +� V.C. 9�T Na�r�a►�I�siEitf ya.`�n~:•, a: L -• an v rn 11KARD ca Homo. G1[. 81' pRAtt q0, r , - • •`��)i ny �•11,7�rxlly� 1 ;1: : c' :. .�,. S :..y1�• ,,• ...r yr yy . �r.r ;•: ✓ i �;w� .i � .. 1 '~ „• .' � .1 :-: IF.1 jt }�..',•X •.1 '77'� t`� • .i•`'• ..�f .•.�' • f'f' I` 1" 1 ..,1 ::3 ►1.�'r:%y l 4�.•• P r'''.•.1.-,' w1 �. - f �:.- ,q•, 'A'J�`�, :+� :.. �•-'rT a , �. : , - _ �i'=►J�.•: .:� .:� �r••;r.r. 7:`T• M :.j • c 1� e. , J : �. 17r �•: � .: i ? l•. I i r 111 11 :j 1 �, i 1 . .1• � . • L I Temp. Reso. #8427 TO: City Manager FROM: Utilities Director Recommendation: CITY OF TAMARAC INTEROFFICE MEMORANDUM UTILITIES DEPARTMENT DATE: October 20, 1998 RE: Water and Sewer Developer's Agreement -- First Amendment A Resolution of the City Commission to authorize the appropriate City Officials to accept and execute a First Amendment to the Water and Sewer Developer's Agreement with McNab Joint Venture for the McNab Marketplace (Winn -Dixie) Project, located on the northwest corner of University Drive and McNab Road, changing the legal description of the project site. Issue: To accept and execute the First Amendment to the Water and Sewer Developer's Agreement from McNab Joint Venture for the McNab Marketplace (Winn -Dixie) Project. Background: On April 30, 1997, McNab Joint Venture, the developer of the McNab Marketplace (Winn -Dixie) Project executed a Water and Sewer Developer's Agreement for this project. It has been determined that the legal description of the project site (attached as "Exhibit A") to the Water and Sewer Developer's Agreement is not accurate. The First Amendment provides a new legal description which will replace the description on the original Water and Sewer Developer's Agreement. The Director of Utilities recommends the First Amendment to the Water and Sewer Developer's Agreement for the McNab Marketplace (Winn -Dixie) Project, between the City of Tamarac and McNab Joint Venture, be approved and executed. MW/mg Michael Woika