HomeMy WebLinkAboutCity of Tamarac Resolution R-98-338Temp. Reso. #8435, October 26, 1998 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98- 338
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 DISCOUNT AUTO PARTS, FOR
THE WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM IMPROVEMENTS INSTALLED FOR THE
DISCOUNT AUTO PARTS PROJECT, LOCATED AT 7500
WEST COMMERCIAL BOULEVARD FOR CITY
OWNERSHIP; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Discount Auto Parts, has constructed and installed the Water
Distribution and Sewage Collection System Improvements for the Discount Auto Parts
Project, which is located at 7500 West Commercial Boulevard (attached hereto in map
form as "Exhibit 1 "); and
WHEREAS, the Water and Sewer Developer's Agreement accepted and
executed by the City of Tamarac on February 25, 1998, requires Discount Auto Parts to
transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and
Sewage Collection System Improvements installed for the Discount Auto Parts Project;
and
Temp. Reso. #8435, October 26, 1998 2
WHEREAS, Discount Auto Parts has offered a Bill of Sale Absolute to the City of
Tamarac for the Water Distribution and Sewage Collection System Improvements
installed for the Discount Auto Parts Project; and
WHEREAS, the improvements were inspected, approved and are recommended
for acceptance by the Utilities Engineering Division for the one-year warranty period;
and
WHEREAS, it is the recommendation of the Director of Utilities that the Bill of
Sale Absolute be accepted from Discount Auto Parts for the Discount Auto Parts
Project Water Distribution and Sewage Collection 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 Discount Auto Parts for the Water Distribution and Sewage
Collection System Improvements installed for the Discount Auto Parts Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Temp. Reso. #8435, October 26, 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 appropriate City Officials are hereby authorized to
accept a Bill of Sale Absolute (attached hereto as "Exhibit 2") from Discount Auto Parts
for the Discount Auto Parts Project Water Distribution and Sewage Collection System
Improvements located 7500 West Commercial Boulevard.
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
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
Temp. Reso.#8435, October 26, 1998, 4
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this A ' day of AOOMAraz ,
JOE SCHREIBER
MAYOR
ATTEST:
d"e6'1
CAROL LD, CMC/AAE
CI CLERK
HEREBY CERTIFY that I have
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RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1:—C�O;vI1�ii_I�tI��ICAYE
DIST 3: _ CvErv�, SUL-'a,y;.tti:7f=
DIST 4: COMI-0. -,ROBERTS
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COMMERCIAL �BLVD
(CO RD. 870) SITE
LOCATION
LAUDERHILL
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DISCOUNT AUTO PARTS
BILL OF SALE ABSOLUTE
DIS_AUTO,DWG
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• BILL OF SALE ABSOLUTE
KNOW ALL MEN BY THESE PRESENTS, that
of the
Discount Auto Parts of City 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 Dollars, lawful
money of the United States, to be paid by the CITY OF TAMARAC, a municipal corporation of
the State of Florida, 7525 Northwest 881h Avenue, Tamarac, Florida, 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:
All of the Water Distribution System Improvement;
together with all appurtenances attached thereto, which
lie within the Public Right -of -Way or within Utility
easements provided for same in the Official Records
of Broward County recorded in O.R. Book 21746 ,
Page8 7 8 - 8 8 5 of the Public Records of Broward County.
All of the above further described in "As-Builts" Plans for
Discount Auto Parts , a copy of which is on file with the City of
Tamarac.
Prepared by: Keating Engineers
Dated: 2-14-91 (12-17-91 Latest Revision)
TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and
assigns forever.
1
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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 successors and assigns against the lawful claims and demands of all persons
whomsoever.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ' day of
one thousand nine hundred and
Signed sealed and delivered in presence of us:
�L C
TNES William C. Perkins,
President
Discount Auto Part
WITNESS \ . Mic ae Moor ,
\ 1 Secretary
�J Discount Auto Parts
CORPORATE SEAL
►A
SQP-30-98 23:33 EJD Associates III 703 5942187 P_02
INDEMNIFICATION HOLD HARMLESS AND RELEASE FORM
(hereinafter "Refundee") for and in
consideration of receiving from the City of Tamarac (hereinafter "City") a refund of a performance
bond(s) paid to City, hereby states the following:
Through the passage of Resolution No. , the City Commission of the City of
Tamarac authorized the refund of a performance bond(s), referred to as P40acir
paid by Refundee on in the amount of
Refundee acknowledges receipt of said refund and acknowledges that the full amount has been
refunded by City.
Refundee shall indemnify and hold the City, its officers, employees and agents harmless and
defend the City, its officers. employees and agents from any and all claims, causes of action in
law or equity, damages, liability, and Expenses, including attorneys fees, resulting from, arising
out of, or occurring in connection with the performance bond described above.
The party signing below for Refundee acknowledges and warrants that he/she has boon given
authority by Refundee to sign on behalf of and bind Refundee to the terms of this Indemnification,
Hold Harmless and Rcicaso Form_
ey f�lr C
Signature
C- . � Q.
Name
f
Title ll
v •� lkr• �
Company, Address and Phone
STATE OF l C ter. ca_
COUNTY OF o
Before me personally appeared i n �. �Qh'}.,. to me
well
known and known to me to bo tho parson described in or who produced identification (typo of
identification: and who executed the foregoing instrument, and
acknowledged to and before me that he/she executed said instrument for the .purposes therein
expressed.
VI�, SS my hand and official seal this _day of
MRTA Ea
M CCC431W �h
�'�"~' 1°• loan Notary Public, State of =
J��OiFLO P a--W by NFNU
My commission expires: Print or Type Name of No
Did Did Not take an oath.
•
Temp. Reso. #8322, June 22, 1998 1
CITY OF TAMARAC
RESOLUTION NO. R-98-3.3 1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A "TAMARAC WATER AND SEWER UTILITY
EASEMENT" WITH MCDONALD'S CORPORATION FOR
THE MCDONALD'S CORPORATION PROJECT, LOCATED
ON THE NORTHWEST CORNER OF COMMERCIAL
BOULEVARD AND UNIVERSITY DRIVE, TO ALLOW LEGAL
ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING,
MAINTAINING, AND OPERATING THE WATER
DISTRIBUTION SYSTEM; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Site Plan for the McDonald's Project located on the northwest
corner of Commercial Boulevard and University Drive (attached hereto in map form as
"Exhibit 1") was approved by City Commission on July 8, 1998; and
WHEREAS, the development of the McDonald's Corporation Project requires the
installation of a Water Distribution System; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution System required to serve the McDonald's Corporation Project; and
WHEREAS, the McDonald's Corporation, as owner of the property, has offered the
"Tamarac Water and Sewer Utility Easement" for water mains, water services, and fire
hydrants; and
1
1
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Temp. Reso. #8322, June 22, 1998 2
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the McDonald's Corporation Project; 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 and execute
a "Tamarac Water and Sewer Utility Easement" with McDonald's Corporation for the
McDonald's Corporation Project required for the installation, maintenance and operation
of the Water Distribution System.
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 "Tamarac Water and Sewer Utility Easement" (attached hereto as
"Exhibit 2") with McDonald's Corporation for the McDonald's Corporation Project, located
on the northwest corner of Commercial Boulevard and University Drive, to allow legal
access by City Utility Personnel in performing their duties, including utility installation,
maintenance and operation.
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.
Temp. Reso. #8322, June 22, 1998 3
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 076day of ,
..;
I
ATTEST:
CA L GOLD, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
approv this RESOLUTION as
to forph. I A
TR/dav/mg
1
MITCHELLIS,
CITY ATTO
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR
— SC ;FIBER
DIST 1:
CC)' McKAYE
DIST 2:
V/
DIST 3:
S1. L F/kNOr:
DIST 4:
! -CM-M. 1'-NDBERTS