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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-095Temp. Reso. #8142 February 11, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-98 - 95 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 IRVING MILLER, TRUSTEE FOR THE WOODMONT GARDENS PROJECT TO CHANCELLOR OF TAMARAC, INC., 2) APPROVE AN ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY IRVING MILLER, TRUSTEE, AND 3) APPROVE AND EXECUTE AN ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN IRVING MILLER, TRUSTEE AND CHANCELLOR OF TAMARAC, INC., FOR THE WOODMONT GARDENS PROJECT LOCATED ON THE SOUTH SIDE OF SOUTHGATE BOULEVARD BETWEEN NW 815T AVENUE AND PINE ISLAND ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Irving Miller, Trustee for the Woodmont Gardens Project executed a Water and Sewer Developer's Agreement with the City of Tamarac on December 23, 1987; and WHEREAS, Irving Miller, Trustee of the Woodmont Gardens Project located on the south side of Southgate Boulevard between NW 815Y Avenue and Pine Island Road (attached hereto in map form as "Exhibit 1 ") transferred ownership to Chancellor of Tamarac, Inc.; and Temp. Reso. #8142 February 11, 1998 2 WHEREAS, Irving Miller, Trustee, has requested an assignment of the Water and Sewer Developer's Agreement to Chancellor of Tamarac, Inc.; and WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Woodmont Gardens 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 Irving Miller, Trustee and Chancellor of Tamarac, Inc., 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. #8142 February 11, 1998 3 Developer's Agreement between Irving Miller, Trustee, and Chancellor of Tamarac, Inc., for the Woodmont Gardens 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 Irving Miller, Trustee, (attached hereto as "Exhibit 2") for the Woodmont Gardens Project located on the south side of Southgate Boulevard between NW 81s` Avenue and Pine Island Road. SECTION 3: That the City of Tamarac hereby approves the Acceptance and Acknowledgment of Agreement and Consent to Assignment executed by Chancellor of Tamarac Inc., (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 Woodmont Gardens Project (attached hereto as "Exhibit 4"). SECTION 5: That the City Clerk is hereby authorized and directed to record 1 1 1 Temp. Reso. #8142 February 11, 1998 4 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 is 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 day of , ATTES ' OX CARD OLD, CMC/AAE CITY CLERK I HERE CERTIFY that I have appro ed his RESOLUTION as to f0im. 1 %l FTCHELL S. KRAF CITY ATTORNEY Utilities/dav/aml plr�R'A�Z-1 Wi... MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBFRT.Q EXHIBIT I • • I'EMF. N1S5U. # U 1, 44 P. S. #2 F P L PHOENIX SUBSTATION C14/CYPRESS CREEK CAN LOCSITE ATION W W \ 4w� FirM 7: W W W W W W EXX❑N w W w,{F r WATERFORD �WOODMONT u! w TOWN VILLAS J J PJ W W r GARDENS y W W IN WOODMONT MCD❑NALDS;,` Ld TR46 ,��"�5 W TAMARAC ¢ W W W r w`w• tyy�a{;��.:.."a Q / TOWN SQUARE W W 1� W W W W W y j SERF❑RD (� w V A TR48 C� W W W W Z w 8� WOODClv y W v W W W NATI❑NS ¢ W (ak Jp b C W 1NEs W W w W W j% BANK (/) W W W W Ew° q- TR47 81 ST TR49 W 81 ST. W .L KEW❑❑D P�F- / W W PINE D �d 80 DR �� , go / Q~ ^P sT OD Q, TR57 b�S `714 .01N 7r j w w 81 BO Pl pAK P� a W 9 T �a W W W 9 ST OaK cT �� TR60 ST W W W INCW W W W I^' / 07 ©~' w 77 U T / ,( Q // v // / \� 10 \13 TR58 W w // ! j W GOLF' W W W a N N CT /// /./j/ /jjj/ W jji/jj%/ y COURSE w �O BANYAN j H U R 7// W // / CT W %%jj///j///�j/rj J w TR65 �W W jjs aHjj �! TR63 BANYAN TR6?� PL a W *LAND SEC, w w w w w 'W❑❑DM❑NT W J. pw W W COUNTRY -CLUB W W W w 1 BANYAN W w W w� W W rQ W W W TR64 � w •V w W TR67^A Rti w W a� w w W W w Q LA FURETa `,W W W w w w W w o co '/5W S. W w A1- W 6. RO ti PALM PAL T CIR IV ¢ W TR67 // HE HOLGOV{S w LA RESER m W SIL ER a 73 Y WOODMONT GARDENS W❑❑DGARD, DWG ASSIGNMENT, ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT, AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT. EXHIBIT 2 Temp. Reso.#814ik 11 i6MAR6CUTILITIES AS19IGNMENT FOR: WoQdmont Czardens - Pha e Name of Development KNOW ALL MEN BY THESE PRESENT THAT Irving Miller, Trustee (formally Wodmont Gardens, Inc.)having an address of 2601 Biscayne Boulevard Miami,Florida_331-37 , 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 Chancellor of Tamarac, Inc. having an address of 17_lsir Avenue. Needham, Massachusetts 02194 , party of the second part, at or betore 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 90 ERC units also known as Utility Connections as referred to in that certain Agreement dated December 23 1987 by and between Woodmont Gardens, 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 December 23, 1987 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 • IN WITNESS WHEREOF, undersigned has hereunta set its hand and seal, this day of., In the presence of: (CORPORATE SEAL) STATE OF SS COUNTY OF `-�'" I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid a in the County aforesaid to take acknowledgments, personally appeared 1 n � , l - to me known to be the person(s) described iq and who executed the foregoing instrument and---c acknowledged before me that executed the same. WITNESS my hand and official seal this day a ?®,FpV Pose, Mos CC5s8442 _�a- Cam/ L-l-e �_ T 20 RY PUBLIC, State of oar ExPwes Sep �� ) �•q,f of F�e�` at Large < (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( �" Personally known tome, or ( ) Produced Identification ( ) ID take an oath, or ( ) DID NOT take an oath. 09641014 2 Assignmt.wpd EXHIBIT 3 Temp. Reso.#814A ACCEPTANCETAMARAC UTILITIES AND ACKNOLALEDGMENT • AN1 AND Q• v • •" Name of Development Chancellor of Tamarac Inc. having an address of 197 1st Avenue Needham MA 02194 Party of the second part, agrees to accept assignment of Utility Connections. ATTEST. ice (Corporate Seal) RPORAT N By: Type NameC6�aini President STATE OFRCL S5 .COUNTY OF & %. - 1 HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State esaid a d4a4Jle County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and h-L acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this �4ANCRY do 1.�� , 199 PUBLIC, State of ELIZ,,',LETH A. DEPT CO Notary Public. COI rri ssion Ex-:: - ( A Personally know to me, or ( ) Produced identification at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or W DID NOT take an oath. 0 961014 Accept.wpd EXHIBIT 4 Temp. Reso.#814A TAAMARAC UTILITIES_ ACKNOWLEDGMEM OF AGREEMENT AND CONSENT T Ss9lGNMENT FOR: woodmgnt Gardens - Phase 1 Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of December 23, 1987 it entered into a Water and Sewer Developer's Agreement concerning proposed 180 bed -adult- multi -f-13milv facility in home "Developer's Agreement", with Irving Miller Trustee (formally Woodmont Gardens, Inc.) as Developer, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by -Irying Miller Trustee (formally Woodmont Gardens. Inc )to Chancellor of Tamarac Inc. by Assignment dated The City hereby consents to and approves the Assignment of the Developer's Agreementfrom Irving Miller. Trustee formally Woodmont Gardens Inc.) to Chancellor of Tamarac Inc. 0 961014 1 Ackacp.wpd C� ATTEST: By• \ s T� WS. Noe, Jr., Manager ATTEST: By: Carol Gold, CMC/6AE City Clerk STATE OF FLORIDA SS COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC By: a�� Joe reiber May r, Date: Aril $ 1998 "N s By: S. Noe, Jr., anager it 8, 1998 By: Mitch6K S. Kraft, City Attorney 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 Schreiber & Robert S. Noe Jr. to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that _ they executed the same. WITNESS my hand and official seal this ..; --r,'Mv SEAL Otis w Cr k fir,, O MY COMMISSION EXP. ran F�•�o- 11PT 231998 (xx) Personally known to me, or ( ) Produced identification 8 day of Aril NOTA Y PUBLIC, �—etate Iorida at Large His Polikoff (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ) DID take an oath, or (XX) DID NOT take an oath. 961014 P� Ackacp.wpd