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Home My WebLink AboutCity of Tamarac Resolution R-98-053Temp. Reso. #8121 January 16, 1998 1 Revision #1, February 17, 1998 CITY OF TAMARAC RESOLUTION NO. R-98 -5-3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO 1) APPROVE AN ASSIGNMENT OF THE WATER AND SEWER DEVELOPER'S AGREEMENT WITH LENNAR HOMES, INC., FOR THE KINGS POINT COMMERCIAL PLAZA PROJECT TO LEISURE COLONY MANAGEMENT CORPORATION, 2) APPROVE AN ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY LEISURE COLONY MANAGEMENT CORPORATION, AND 3) APPROVE AND EXECUTE AN ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN LENNAR HOMES, INC., AND LEISURE COLONY MANAGEMENT CORPORATION FOR THE KINGS POINT COMMERCIAL PLAZA PROJECT LOCATED ON THE SOUTHEAST CORNER OF NOB HILL ROAD AND NW 77T" STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc., executed a Water and Sewer Developer's Agreement with the City of Tamarac on June 12, 1996; and WHEREAS, Lennar Homes, Inc., developer of the Kings Point Commercial Plaza Project located on the southeast corner of Nob Hill Road and NW 771h Street (attached hereto in map form as "Exhibit 1") transferred ownership to Leisure Colony Management Corporation; and Temp. Reso. #8121 January 16, 1998 2 Revision #1, February 17, 1998 WHEREAS, Lennar Homes, Inc., has requested an assignment of the Water and Sewer Developer's Agreement to Leisure Colony Management Corporation; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Kings Point Commercial Plaza Project, the City of Tamarac shall approve all assignments of the Water and Sewer Developer's Agreements; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement, the City shall be a party to said assignment; and WHEREAS, it is the recommendation of the Director of Utilities that the Assignment and the Acceptance and Acknowledgment of Agreement and Consent to Assignment be approved; and that the Acknowledgment of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Lennar Homes, Inc., and Leisure Colony Management Corporation 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: 1) Approve the Assignment; 2) Approve the Acknowledgment and Consent to Assignment; and 3) Approve and execute the Acceptance and Acknowledgment of Agreement and Consent to Assignment of the Water and Sewer - Temp. Reso. #8121 January 16, 1998 3 Revision #1, February 17, 1998 Developer's Agreement between Lennar Homes, Inc., and Leisure Colony Management Corporation for the Kings Point Commercial Plaza 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 City of Tamarac hereby approves and accepts the Assignment of the Water and Sewer Developer's Agreement executed by Lennar Homes, Inc., (attached hereto as "Exhibit 2") for the Kings Point Commercial Plaza Project located on the southeast corner of Nob Hill Road and NW 77`h Street. SECTION 3: That the City of Tamarac hereby approves the Acceptance and Acknowledgment of Agreement and Consent to Assignment executed by Leisure Colony Management Corporation, (attached hereto as "Exhibit 3") SECTION 4: That the City of Tamarac hereby approves and authorizes the appropriate City Officials to execute the Acknowledgment of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement for the Kings Point Commercial Plaza Project (attached hereto as "Exhibit 4") SECTION 5: That the Assistant City Clerk is hereby authorized and directed 1 Temp. Reso. #8121 January 16, 1998 4 Revision #1, February 17, 1998 to record said agreements in the public records of Broward County. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7- 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 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this .15 day of , 1998. C JOE SCHRIEBER MAYOR = ATTEST: PATRICIA MARCURIO, CMC ASSISTANT CITY CLERK I HEREBY CERTIFY that I have aoaroved this RESOLUTION as ,., I v —to CITY ATTO R Utilities/dav/aml kFT Y RECORD OF COMMISSI N VOTE MAYOR SCHREIBER DIST 1:._ COMM. M;KAYE 12A� DIST 2: WM MISHKIN DIST 3: MM. SULTANOF DIST 4: MM. ROBERTS I• 110 EXHIBIT I TEMP. RESO. # 8121 � \6 ROCKFORD z TR28 TR29 / c� u Y❑RKSHIRE Q TR30 z WELD❑N GREENW poll AMARA0" SrsUR7S CQh1PL x � / //d LAND SE 5 TR27 / / 77 76 ¢ CT EVAN ELICAL ST COVEANT % 76 ST �CHURCH m / WEST LAKE VILLAS —� KINGS P❑INT / 75 CT o� WESTW❑❑D SALES CENTER & CLUB HOUSE j PR I NG LAKE I Opa TR37S �• j (,a KINGS PT. PROF. PLAZA w SITE 74 CT LOCATION o s� ASHM❑NT CIR a WESTW❑❑ 3-in ptLr r CZR NORTH 95o W, g BELFQRT ASHM❑NT 73 CT 'BE 1 SORT ClR f% S01,ITH 73 HIDDEN TR42 SECTION 21 TR40 HOLLOW �7' 72 CT ti G NOB HILL/ WESTWO❑D PLAT vFRN ^ jj jj j jj a POINT PLAZA TR41 �,• /jj WES WO❑D 71 ST 76 �r o 71 ST 71 ST 70 PL SECTI❑N 22 CD SECTION 21 �� d /j%//;/ r `t co 70 CT j 70 PL ESTWQ❑D 4 Ly Q w 'a r WE TW❑❑D 3 jj u 0 '� ¢ co 70 ST // ° m 70 ST °� T 70 ST jj 70 ST MCNAB P11 D // �w J & J PLAT TAMARAC g a ~ ° jj TAMA AC MARKET 68 PL j/ GAR ENS TAMARAC EA T PLACE GARDENS WEFT KINGS POINT COMMERCIAL PLAZA KPC❑MMPL, DWG ASSIGNMENT, ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT, AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT. EXHIBIT 2 Temp. Reso.#8121 b� TAMARAC UTILITIES ASSIGNMENT FOR: Kings Point Commercial Plaza Name of Development KNOW ALL MEN BY THESE PRESENT THAT Lennar Homes, Inc. having an address of 7oo N.W. 107 Ave, Miami, Fla. 33172 party of the first part, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable considerations, received from or on behalf of Leisure Colony Management Corp. having an ,address of 760 N.W. 107 Ave., Miami, Fla. 33172 Party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the party of the second part, the following: All right, title and interest in and to 12 water & 7 sewer ERC units also known as Utility Connections as referred to in that certain Agreement dated June 12, 1996 by and between Lennar Homes, Inc. as Developer, and the CITY OF TAMARAC, a municipal corporation of the State of Florida, as City, which Agreement has been assigned to Seller. A copy of said Agreement dated June 12, 1996 9 is incorporated by reference. TO HAVE AND TO HOLD the same unto the said party of the second part, its legal representatives, successors and assigns. 9641014 1 Assignmt.wpd k C, J C, J �J IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this 15- day of deeemb-er _ , 19 97 . In the presence of: Name: President (CORPORATE SEAL) STATE OF FLORIDA Dade : SS COUNTY OF 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 S�uar-�- f} • / l�l/ter to me known to be the person(s) described in and who executed the foregoing instrument and hC, acknowledged before me that he- executed the same. WITNESS my hand and official seal this /S day of )ecemkber , 19 9q ;. '+ OF Flo . QPFlCiAL NOTARY Si AL NATALIE RODRICLI.7 COMMISSION NO. C[:,636949 MY C0MM1%1m%4 LXP 'AM. s'rl (✓) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State o Florida at Large NATALIE RODRIG'UEZ (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ) DID take an oath, or ( L') DID NOT take an oath. Me*I[1111ICl 2 Assignmt.wpd EXHIBIT 3 Temp. Reso.#8121 TAMARAC UTILITIES ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: Kings Point Commercial Plaza Name of Development Leisure Colonv Manaaement Cor having an address Of. 7 6 0 N . W . 10„7 -Ave. , . , Party of Miami Fla 33172 the second part, agrees to accept assignment of Utility Connections. ATTES CORPO Type Name Grace Santaella Asst. Corporate Secretary (Corporate Seal) Type Name Stuart A. Miller President 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 SlUai--f- A. Miller to me known to be the person(s) described in and who executed the foregoing instrument and hC, acknowledged before me and under oath that _ h e-, executed the same. n WITNESS my hand and official seal this 1^ day of 1991 . „... ��•�lr'�Y yeti` .,� V•:;- OF FAQ: "+..r•• OFFICIAL NOTARY SEAL NATALIE ROORIGLI- CO1V1M15510N NO. CC63f 7d9 My co ION eXP APR, 8iID1 ( ✓) Personally know to me, or ( ) Produced identification N ARY PUBLIC, State of FI6hda at Large NATALIE RODRMUEZ (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID take an oath, or (/ID NOT take an oath. 961014 Accept.wpd EXHIBIT 4 Temp. Reso.#8121 �J 11 TAMARAC UTILITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: Kin s Point Commercial Plaza Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of June 12. 1996 , it entered into a Water and Sewer Developer's Agreement concerning Kings Point Commercial Plaza , "Developer's Agreement", with Lennar Homes Inc. as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by Lennar Homes, Inc., to Leisure Colony Management Corporation ,by Assignment dated December 15 1997 The City hereby consents to and approves the Assignment of the Developer's Agreement from _Lennar Homes, Inc., to Leisure colony Mana ement Grou 961014 1 Ackacp.wpd ATTEST: fb rt S. Noe, Jr., y Manager ACCEPTED BY CITY OF TAMARAC By: - a. Joe S6Kreiber Mayor Date:S ATTEST: � By: �-c Patricia Marcurio, CIVIC 4L S. Noe, Jr., Asst. City Clerk ity Manager STATE OF FLORIDA SS COUNTY OF BROWARD Date: FifAuaA ,:�S Appr ed as toor�% ,:,I,( B Mitchell S. Kraft, 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 5,_ rM to me knovyn to be the person(s) scribed in and who executed the f egoing instrument and .Tc_ acknowledged before me and under oath that 7-Aq executed the same. WITNESS my hand and official seal this 25 day of /C, 199 q . p SAY P(/&, OFF NOTARY SEAL O • �+ PHYLLIS POLIKOFF COMMISSION NUMBER j CC390392 #IY COMMISSION EXP. 41!PT 231998 ( �C) Personally known to me, or ( ) Produced identification zel'� NOTARY PUBLIC, ate of Florida at Large /11/vZZ/s /61) L//C/C%FF (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ) DID take an oath, or ( x) DID NOT take an oath. 0 961014 0 Ackacp.wpd