HomeMy WebLinkAboutCity of Tamarac Resolution R-96-225Temp. Reso. #7508 August 6, 1996 1
CITY OF TAMARAC
RESOLUTION NO. R-96- 22-5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO 1) APPROVE AN ASSIGNMENT OF A PORTION
OF THE WATER AND SEWER DEVELOPER'S AGREEMENT
WITH PULTE HOME CORPORATION FOR 77 LOTS IN PLUM
BAY TO MORRISON HOMES OF FLORIDA, INC. 2) APPROVE
AN ACCEPTANCE AND ACKNOWLEDGMENT OF
AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED
BY MORRISON HOMES OF FLORIDA, INC., AND 3)
AUTHORIZE AND EXECUTE AN ACKNOWLEDGMENT OF
AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN
PULTE HOME CORPORATION AND MORRISON HOMES OF
FLORIDA, INC. FOR THE PLUM BAY PROJECT LOCATED ON
THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD
AND NOB HILL ROAD; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Pulte Home Corporation executed a Water and Sewer Developer's
Agreement with the City of Tamarac on September 22, 1993; and
WHEREAS, Pulte Home Corporation, developer of the Plum Bay Project located on the
northeast corner of Commercial Boulevard and Nob Hill Road (attached hereto in map form as
"Exhibit 1") sold 77 lots (Numbers 20, 21, 150 through 204 and 223 through 242) to Morrison
Homes of Florida, Inc.; and
WHEREAS, Pulte Home Corporation has requested an assignment of the 77 lots to
Morrison Homes of Florida, Inc.; and
Temp. Reso. #7508 August 6, 1996 2
WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for
Plum Bay, 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 Morrison Homes of Florida, Inc. and Pulte Home
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) Authorize and execute the Acceptance and Acknowledgment of Agreement
and Consent to Assignment of the Water and Sewer
Developer's Agreement between Morrison Homes of Florida, Inc. and Pulte Home Corporation
for the 77 lots.
u
Temp. Reso. #7508 August 6, 1996 3
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.
=10N 2: That the City of Tamarac hereby approves and accepts the Assignment
of the portion of the Water and Sewer Developer's Agreement executed by Pulte Home
Corporation (attached hereto as "Exhibit 2") for the Plum Bay Project for 77 Lots located on the
northeast corner of Commercial Boulevard and Nob Hill Road.
SECTION 3,: That the City of Tamarac hereby approves the Acceptance and
Acknowledgment of Agreement and Consent to Assignment executed by Morrison Homes of
Florida, Inc., (attached hereto as "Exhibit 3").
SECTION 4: That the City of Tamarac hereby authorizes and executes the
Acknowledgment of Agreement and Consent to Assignment of the 77 lots in the Plum Bay
Project be approved and executed by the City of Tamarac (attached hereto as "Exhibit 4").
SECTION 5: That the City Clerk is hereby authorized and directed to record said
agreement in the public records of Broward County.
aECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
1
1
Temp. Reso. #7508 August 6, 1996 4
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.
This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 1 day of OG1 obe ,
WIRIJ
ATTEST:
64t
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
rapp ved this RESOL TION as
t fo m.
M I T C H'Et L S11k ftAF T
CITY ATTORNEY
Utilities/dav/aml
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NORMAN ABRAMOWITZ
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ASSIGNMENT; ACCEPTANCE AND ACKNOWLEDGMENT OF ASSIGNMENT AND
CONSENT TO ASSIGNMENT; AND ACKNOWLEDGMENT OF AGREEMENT AND
CONSENT TO ASSIGNMENT FOR PLUM BAY LOTS 20, 21, 150-204 & 223-242
ASSIGNMENT
C�
•
FOR: PLUM BAY
Name of Development
KNOW ALL MEN HY THESE PRESENT
THAT p TE. U'Tll
OPRTI N iuAn cor
having an address of a
Deerfield Beach FL 33442 party o the first consideration of the sum of TEN AND NO 100 part in
and other valuable considerations, received(from0or DOLLARS,
of M rion behalf
m f F1 rid In a Florid or or ti n
having an address of 0 N. W. 1 th Street Miami FL 33055
t Eduard A. Camet VP, 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 _ units also known as Utility Connections areferred toRin
that certain agreement dated s
by and between p l c m C r r ti n
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
SeptSeptember 2 19 3 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. .
IN WITNES
and se ,
Iri th nx`
EREOF,f the undersigned d has hereunto set its hand
s day of _ A�!E
19 96 ,
of PULTE HOME COP.P
c a—Miichi anper r orati
By: _ 11. 111 I .
!IJVIHr L. RNANDEZ, A
Signatory
(COR ORATE SEAL)
STATE OF FLORIDA
COUNTY OF BROWARD SS:
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the County and State aforesaid to take acknow-
ledgments, personally appeared TIMOTHY L. HERNANDE7
to me known to be the person described in and who executed
the same on behalf of said corporation.
WITN my hand and official seal this 2
t' , 19 96 day of
My Commission Expires: NOTARY PUHLIIE
CHf48'IIRB CARMANU
W COWMWN / CClmm EXPIRES
FOMMY 13,1907
_.,r i
MAST-DOC '0U0T1 ?MVFANWURVO,Inc.
ASSIGNMENT
ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT
AND
CONSENT TO ASSIGNMENT
FOR: P UM BAY
Name of Development
MORRISON HOMES OF FLORIDA., INC., a Florida corporation
having an address of St.
Miami, FL 3305 ATT of
Eduardo
den party of the second part agrees to accept assignment
utility Connections.
WITNESSETH: MORRISON HOMES OF FLORIDA, INC,,
1 a Fl rids corporation
By:
(CORPORATE SEAL)
STATE OF FLORIDA
SS
COUNTY OF
Before me personally appeared
to me wall known and known to me to be the persons) described
in and who executed the foregoing instrument, and acknowledged
to and before me that they executed said instrument, for the
purposes therein expressed. -
SS my hand and official, sea this � � day of
1
r
NQTARX PUBLIC
My Commission Expires: V�ABINu►ANNo
eab.e rniu Noun H�o uwiw�r.�
MAST-DOC
ACC&ACK&CNT/ASS
0
•J C•]JJ1�Ie1► �1�Y�il�_[ehi i��
_..►I1 •► •
FOR: Plum
The City of Tamarac, a municipal corporation of the State of
Florida, "City", hereby acknowledges that effective as of
September 22, 1993 , it entered into a Water
and Sewer Developer's Agreement concerning Plum Bay
, "Developer's Agreement", with
as Developer, a copy of which Agreement is incorporated by
reference.
•
The Developer's Agreement was subsequently assigned by
to Morrison Homes of Florida, Inc.,
by Assignment dated May 22. 1996
The City hereby consents to and approves the Assignment of the
Developer's Agreement from Pulte Home Corporation
to Morrison Homes, of Florida, Inc.
0
ATTEACCE TED BY CITY OF TAMARAC
ST: `
By: Byqw*�Me
Robert S. Noe, Jr., Norman Abramowitz,
City Manager Mayor
ATTEST:
B y . C41
Carol A. Evans,
City Clerk
STATE OF FLORIDA
M*9
Date: /0—/& -
By:
Robert S. Noe, .,
City Manager
Date:
p ave t m;
By:
y
Mitchell S. a t,
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 QfDQrMat) AQRA�lo4►�rZ_ MAyd� ►-
Kbg Q Gl r to me known to be the perso (s) described in
and who executed the oregoing instrument and acknowledged
before me and under oath that executed the same.
WITNESS my hand and fficial seal this 1& day of
dG701,; 1991.
NO RY PU IC, State of Florida
at Large
hFF�En� �i4-�-{cSuN
Personally known to me, or
Produced identification
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
f(/�) DID take an oath, or ( ) DID NOT take an oath.