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Home My WebLink AboutCity of Tamarac Resolution R-98-340Temp. Reso. #8436, October 26, 1998 1 Revision 1, November 12, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98'° O 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 WENDY'S AT MCNAB MARKETPLACE PROJECT, LOCATED ON THE WEST SIDE OF UNIVERSITY DRIVE AND NORTH OF 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 Wendy's at McNab Marketplace Project, located on the west side of University Drive and north of McNab Road executed a Water and Sewer Developer's Agreement on January 14, 1998; and WHEREAS, the legal description shown in "Exhibit A" of the Water and Sewer Agreement contains the entire McNab Marketplace site; and WHEREAS, the parcel on which the Wendy's is being constructed is a separate outparcel of the McNab Marketplace site; 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. #8436, October 26, 1998 2 Revision 1, November 12, 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 Wendy's at McNab Marketplace 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 Wendy's at McNab Marketplace 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 Temp. Reso. #8436, October 26, 1998 3 Revision 1, November 12, 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 a;2�r day of�l�,4� , 1998. JOE SCHREIBER MAYOR ATTEST: &a44�0-0;01 CAROL G D, CMC/AAE CITY CLERK I HEREBY CERTIFY that I ha ap ov d this RESOLUTIO as t fo m RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1. _ COAAM. M(;KAYE MITCHEL S. RAFT DIST 2: V/Ah MIS_ HKIN CITY A NEY DIST 3; CONii;�. SULTANOF DIST 4: C�ROBERTS MW/mg 1 11/02/98 MON 12:03 FAX 3053589490 Im & M FIRST AMENDMENT TO • TAMARAC UTILITIES WATER AND SEWER DE LO EEMrz FOR: Wendy's at McNab Marketplace GENERAL LOCATION: West side of University Drive 600 North of McNab Road THIS ,AGREEMENT effective this A-C and entered into by and between: day of It�v Glh 1998, made The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called 'City" McNab Joint Venture at 2299 Douglas Road, 4th Floor, Miami, Florida 33145 (hereinafter called "Developer") and McNab Joint Venture at 2299 Douglas Road, 4th Floor, Miami, Florida 33145 (hereinafter called "Owner") WHEREAS, the City, the Developer and the Owner entered znto that certain Water and Sewer Developer Agreement recorded yr. Official Records Book 27672, page 231; and WHEREAS, the legal description attached as Exhibit ,All to that Agreement is erroneous and does not descwibe the property .intended to be covered by such Agreement, NOW, THEREFORE, the parties hereby amend the Agreement as follows: Developers I . Exhibit "A" to the Developer's Agreement is hereby deleted in its entirety and replaced by Exhibit "A" attached hereto. 0 R 002 • r� IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and delivered in the presence of: ATTEST: By: M, R er Noe, Jr. City Manager ACCEPTED BY CITY OF TAMARAC GRANTEE B Y : 79,6 Schreiber Mayor 5 Date: / ATTES . By: o e Noe, Jr., By: City Manager Carol G6 d, CMC/AAE City Clerk Date: �Appr ve as o form: B. hell S. aft, I City Attor STATE OF FLORIDA ' .SS COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Ccx aforesaid to take acknowledgments, personally appeared jk;e— .=r_�rd_i cr, 2.. '! ee(� to me known to be the person(s) described in and whoJ ex cu ed the foregoing instrument and ld� acknowledged before me and under oath that `;''G execu ed the same. WITNESS my hand and official 1998. OFFICIAL `.OTARY 5}:,%L MARION 13WE\S0\ NOTAP;Y PI;RI.iC STATE OF FLORIDA \0 CC605215 MY CO) :+.tl+; i;;., F'XP. I)F.C. 1 ,2000 (� )Personally known to me, or ( )Produced Identification r; seal this �:. day of NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp or Type as Commissioned) 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 L ac , e V ..� . Antonio O. 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 O. 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 �� . �,M1SSIpNF .°' 26 o #CC 647546 : o 9� •• oBOnded tih�°�; ' OQ� ��11Nlll 1111 ( Personally known to me, or ( )Produced Identification n, seal this ��day of NOTARI PUBLIC, --gtat,6 of Florida t Large a X AxJ* (Name of Notary'Public: Print, Stamp or Type as Commissioned) Type of I.D. Produced ( )DID take an oath or (L,fDID NOT take an oath. 980605 3 Amendment to `Water and Sewer 0 Developer's Agreement IN WITNESS WHEREOF, Mortgagee has hereunto set his nand and seal on the day and year first above written in order to consent hereto as Mortgagee only. ATTEST: MORTGAGEE: MELLON UNITED NA,IONAT BANK �• F/K/A UNITED NA NA BAN By. By:� Typ ame : yguxitj Q. mORAL-4F5 Type Name: 7— (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 e_JKL05 of United National Bank to me known to be the person(s) described in and who executed the foregoin instrument and de acknowledged before me and under oath that E _ executed same. • WITNESS my hand and official seal this 304day of , 1998. 11 YAZMIN Q. MORALES ` MY COMMISSION N CC 667M ? -3 EXPIRES: July 29, 2001 8-40d Thm Notary RM unct w t m ( Personally known to me, or ( )Produced Identification N T PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp or Type as Commissioned) Type of I.D. Produced ( )DID take an oath or ( ✓)DID NOT take an oath. 980605 4 Amendment to Water and Sewer Developer's Agreement • ATTEST: OWNER: By. WITNESS Type Name: Elaine Mar Antonio 0. Fraga,President Type Name/Title WITNESS Type Name: STATE OF FLORIDA :SS COUNTY OF DADE 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. ��o JST 2$ �roo�N: •. #CC 647546 �•p: �� •'a o °ryded try° �c¢ • p�� i� `q Fain•insv� ; F~ �� ( Personally known to me, or ( )Produced Identification seal this day o TU- NOTARY UBLIC, St t of Florida at Large -&Aj1+ (Name of Notary Public: Print, Stamp or Type as Commissioned) Type of I.D. Produced ( )DID take an oath or ( LA/DID NOT take an oath. G:\MCM\MCNA8\DEVAGR.AMD 980605 5 Amendment to Water and Sewer Developer's Agreement r� EXHIBIT A OUT PARCEL 2 (WENDY'S) A PORT1014 OF PARCEL 'A- OF 7UNIVERSITY A14D McNAB PLAT' AS RECORDED IN PLAT BOOK 135, PAf 2 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNNING AT T14E NORTHEAST CORNER OF SLID PARCEL 'A'; THENCE SOUTH 00'12'IG' EAST, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF UNIVERSITY DRIVE, SAME BEING THE EAST LINE OF SAID PARCEL W. 140.03 FEET; THENCE SOUTH 89'47,4,;' WEST, 225.41 FEET; THENCE NORTH 00'12'16' ''BEST, 144,65 FEET TO THC NORTH LINE OF St -ID PARCEL 'A', THENCE SOUTH 89'01'50' EAST, ALONG SAID NORTH LIIJE OF SAID PARCEL "A'. 4?5.,4.7 FEET TO THE POINT OF BEGINNING. KIIIa9P60001 a — i mt$fY�i: �- (# /1;t ' iI sit r - id � � t �.'�•7 .c � � 1 I 31 j°% g j� i t F.e�t ,,�.:,��._ � ' �' • I -'Mali uiiC�� :—"—'-- -- �a; IN �� ... ig IF PPMA=USSUU AA r►YXMMCM ipCWJ TrUfLONYM OATE;�MFU;m011E 1�1�1f5`;"r1 TRACT rr •R4tTaleFr► N 101jT16lILMI 1 ,w (11./Lp1Ept Y 5vx_ ms (jfiAliQ �� fI-/w11tMLTw�ftpy� a•w ''••,''•I `r.,- _C'�'�.. r ti.. `•� �=e�:`.F ,�F '�`�Q��I�C��,-_.�•1~ �J' ��po11�� kW_ '=3'?� MURAI WALD BIONDO & MORENO PROFESSIONAL ASSOCIATION ATTORNEYS )00 INGRAHAM BUILDING 25SOUTHEAST `LND AVENUE MIAM1. FLORIDA 33131 TEL. (:305) 358-5900 FAX: (305) 358-9490 E-MAIL: MWBM@[3ATE.NET December 17, 1998 c-� cxy Mr. Tony Rabbat w Cli Utilities Engineer rr. City of Tamarac 7525 N.W. 88th Avenue -r— Tamarac, Florida 33321-2401 Re: Wendy's at McNab Marketplace Water and Sewer Developer's �y Agreement, First Amendment Dear Mr. Rabbat: We represent McNab Joint Venture which was the owner of the property at McNab Marketplace. It conveyed that property to SB University, L.L.C., NB University, L.L.0 and 3510531 Canada, Inc. by Warranty Deed recorded on November 25, 1998. The City approved a First Amendment to the Water and Sewer Developer's Agreement entered into by and between McNab Joint Venture for the Wendys at McNab Marketplace Project on November 25th. That document was signed by McNab Joint Venture as the owner of the property at the time. Since the document will be recorded subsequent to the conveyance to the above entities, we believe that it would be appropriate to attach a Joinder of those entities to that First Amendment. I am, therefore, enclosing herewith the original Joinders for such purpose. Should you have any questions, please call me. Sincerely, M. Cristina Moreno MCM:lc Enclosures CC: Mr. Robert S. Noe, Jr. Shawn Bayne, Esquire Robert Lochrie, Esquire Mr. Antonio C. Fraga 0 G:\DATA\MCM\MCNAB\Rabbat-cityortamarac.1tr 11t25l98 WED 13:01 FAX 3053589490 MWB & M Q 024 0 MER (First Amendment to Developer's Agreement relating to Utilities for Wendy's Site) The undersigned, SB University, L.L.C, NB University, L.L.C. and 3510531 Canada Inc. (collectively the "Buyer"), hereby execute this Joinder on this day of November, 1998 for the purposes hereafter set forth: 1. The Buyer acquired title to the property described in the foregoing instrument by Warranty Deed delivered to Buyers on November 71998 and recorded on November .1998 under Clerk's File No. of the Public Records of Broward County, Florida; 2. The Buyer was aware that the foregoing instrument had been executed and delivered to the City of Tamarac by McNab Joint Venture from whom the Buyer acquired such property; 3. The Buyer is executing this Joinder to signify that it joined into such document as if the document had been made, executed and delivered by the undersigned subsequent to its acquisition of title, intending that the property be fully bound thereby. EXECUTED this day of November, 1998. SB UNIVERSITY L.L.C., a Florida limited liab'lit company By: NB UNIVERSITY L.L.C., a Florida limited liability company By: '114 41A 3510531 Canada Inc,, a f eral corporation incorporated nder the laws of Canada By: 4, ) (ACKNOWLEDGMENTS ON NZXT PAGE) 11/25/98 1VED 13:02 FAX 3053389490 MWB & M IM025 r] C7 • STATE OF FLORIDA ) ) SS COUNTY OF &j eO u) A e..o ) The foregoing day of SB UNIVERSITY L.L.0 instrument wa acknow ed ed before me th1,s �`S`�� 199$, by as President of a Florida invited inability company. This person is personally known to me or has produced \�62�t�.� as identification and ( did/ ( ) did not take an oath. NpT �N�cARYs�� My commis ionr�AZ1Fss MYCipA Slolvl o n %IDA STATE OF FLORIDA ) COUNTY OF BROUI#R ) S9 NOW PUBLIC r nt Name: T forego ng instrument was ackno ed ed before me this d__� day of , 1998► by as President of NB UNIVE SITY L.L.C., a FloridAlMt mit® is i ity company. This person )is personally known to me or ('has produced as identification and ( )did/ ( )did not take an oath. OFFICE N NOTARY LARAIN � WEI L My Comm ' i 4,W* 1C( p�IDA YCOMMLSSIONFXP. 96 b1k y='Ro vii 't 00z . OF (�V_ L� F-C ) Ld cocw-p ) ss eOF C ,-J-Al*'bA ) NOT Y PUBLIC Tint Narns• The foregoing instrument was acknowledged before me this day of 'b�SEI�� 1998, by �nR i .qua i , as President of 3510531 Canada Inc., a federal corporation incorporated under the laws of Canada. This person ()<)is personally known to me or ( )has produced as identification and ( did/ ( )did not take an oath. L 'o J. , ita" Gs\DATA\MCM\MCMAB\nuttera\joinder Print Name : tjd±j ( r�oyr ['.�� 11/25/98 WED 13:42 FAX 3053589490 MWB & M IM027 STATE OF COUNTY OF DLv eQ� j SS Th foregoing instrument was a know],e ed before me th�,s. day of , 1998, by Of SB UNIVERSITY I1.L.C., a Florida limited a8 liabilit;y, company, on behalf of the company. This person ( �j8personally known to me or Ae'an oath. a� as identification and ( )did/s (p1 produced a�WIC7WRIDA �NiC NMARYpLTBUC SPATF COMMISSION NO. CC7=96 MY COMMISSION EXP. MAR 5 002 My Commission Expires: STATE OF ; r-Y- a R1-11 4 ) COUNTY OF i81?0uJ14oeQ) SS NOTARY PUBLIC ixlt Name The foregoing instrument was acknowle day o 1998, by d before me this of NB UATT'V r as a.ability company, on behalfRofTthe company Florlda limited Thi person )is personally known to me or/,,�has produced as identification and ( id/ ( } did not take an oath. OFFlCIgI NOIARYSE4L NOTARY1 NE C wl ISS MYCO M1S51ON No OF F1C722l6 MM1S61ON Exp. MARL 002 My Commission Expires: 11 NOTARY PUBLIC. riritr• Nam@ 11/25/98 WED 18;02 FAX 3053589490 MWB & M IM028 • 9 4&liL OF ) c L~Cuvum�Y ) SS day The foregoing instrument was acknowled ged before me this nI of CA E ' 1998, by of 3510531 CANADA, INC_, a14 �__ - r► ark mal co incorporated under the laws of Canada, on behalf - of theparation corporation. This person ("4is personally known to me or ( )has produced takan oath. as identificatign and ( ) did/ ( ) did not e /�. y- C � -��G. L✓7 t U Print Name: STATE OF Pi -OR/ 4 ) SS COUNTY OF 1tf-A4 E ) The £ regoing instrument was acknowledged before me this day of �- , 1998, by ANTONIO O. FRAGA, as President of FRAGA PAMI Y CORP., the general partner of FZRC MCNAB, LTD., a Florida limited partnership, the general partner of MCNAB JOINT VENTURE, a. Florida general partnership, on behalf of the partnership. This person Mis personally known to me or ( )has produced take an oath. as identification and ( ) did/ ( ) did not My Commission Exposes: G:11)A'1'A1M (,' M 1M CNn I I1>� UT T'L' It � 1s i�nulu rc. paFc NOTARY PUBLIC Print Name: ®� pa T+Y PU OFFICIAL NOTARY SEAL CARMEN FORTE6 0 COMMISSION NUMBER w n CC509346 rq MY COMMISSION exP