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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-010Temp. Reso. 6216 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- ID A RESOLUTION ACCEPTING AN ASSIGNMENT OF THE ORIGINAL WATER AND SEWER DEVELOPER'S AGREEMENT FOR TAMARAC SQUARE WEST FROM MCNAB ASSOCIATES, LTD., TO THE ANIS COMPANY; APPROVING AN ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT TO BE EXECUTED BY THE CITY; APPROVING AN ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY THE ANIS COMPANY: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for Tamarac Square West, 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City of Tamarac hereby approves and accepts the Assignment of the Water and Sewer Developer's Agreement attached hereto and made a part hereof as Exhibit "A". SECTION 2: That the City of Tamarac hereby approves the Acknowledgment of Agreement and Consent of Assignment for Tamarac Square West to be executed by the City of Tamarac and attached hereto as Exhibit "B". SECTION 3: That the City of Tamarac hereby approves the Acceptance and Acknowledgment of Agreement and Consent to Assignment executed by the Anis Company and which is attached hereto as Exhibit "C". SECTION 4: That the City Clerk is hereby instructed to ensure recordation of each of the documents referenced above. 31 35 Temp. Reso. # 6216 SECTION 5: This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVE this /A bh day of , 1992. ATTEST: AROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as RECORD OF COUNCIL VOTE MAYOR ABRAA OWITZ DIST'rs, E-1: 04A KATZ DIS"I'SiCT 3: (,WiAl Goa aSER DISTnICT4:. %.9/49-SEt DER—__ II 0 _ -.7 ASSIGNMENT _ FOR: - - '- TAMARAC S.-_UARI; WE-ST-- Name.of.Development._ - - NOW ALL MEN BY --THESE -PRESENT THAT McNAB ASSOCIATES LTD--- F=16-rxda_Lim1ted Part- nexs��R having an address of part y_of ahe first part, in consideration of the sum of TEN AND NO 100 - ($10.00) . DOLLARS , ___--� v _: and other valuable--considerations,--received from or. on `behalf - Of THE ANTS COMPANY an Ohio Corporation. having an address of. P. 0. Box 5937 Cleveland; Ohio 2T4101-6937 -- 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 128 6._; - -_ units also known -as -Utility -Connections as referred toRizi` - - - that certain agreement dated December 6 1985 by -and between NcNAB ASSOCIATES LTD. a Fla. Limited Partnership 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 -Degember 6 1985 is incorporated by reference. TO HAVE AND TO HOLD the same unto the said party of the second part, its legal assigns. representatives, successors and IN WITNESS WHEREO the and seal, this day In the presence of: (si undersigned has hereunto set its hand of December , 1991 McNAB ASSOCIATESLTD., a•Florida lim[ted Par--ners�i WENAL McNAB CO., a Fla. Corp., General Part r �r " t ;Name) By: V% 01 444 R LD S. WE Presx ent Print Name) ( CORPORATE SEAL) STATE OF FLORIDA SS: COUNTY OF WARD 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 HAROLD S. WENAL, President to me known to be the person described in and who executed the same on behalf of said corporation. WITNESS my"hand and official seal this December 19 91 V day of 421" NOTARY BLIC PU�rin�tle My Commission Expires; NOtARY PWLIC STATE OF FUMIDA NY MISSION EXP SEPT.17.1994 BOW THRU GENERAL INS. UND. MAST-DOC ASSIGNMENT I M Ftk' b! lei ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: TA ARAC SQUARE WEST Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges Decemberthat effective as of Is 6, 198� it entered into a Water and Sewer Developer's -Agreement concerning Water and Sewer "Developer's Agreement", with} McNAB ASSOCIATES LTD., a Florida Limited Partnership as Developer, a copy of which Agreement is attached hereto as Exhibit "A". The Developer's Agreement was subsequently assigned by McNAB ASSOCIATES, LTD., a Florida Limited .Partnership to 1 N S 0MP NY an Ohio Cor oration by Assignment dated The City hereby consents to and a proves thet of the Developer's Agreement from McNAB ASSOCIATESAssigLTD.,�manFlorida Limited Partnership to THE A1VI OM AN an io 76rporation ATT T"yy, o ByhrP MANAGER ATTEST: Carol A. Evans, CITY CLERK STATE OF FLORIDA COUNTY OF BROWARD SS Date: By Date: THE CITY OF TAMARAC P'jNrmaknL1A"bramowjtz, 3 � Jo n P . Ke 1 , C Y MANAGER Approved Ito By: Alan F. Ruf, ACTING CITY AtTORNEy Before me personally appeared 0y, as Mayor of the City of TamaracjTamarac, • as City Manager of the City of arand•as City Clerk of the City of Tarac, to me well 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. WITN 1 my hand and official seal this 19- , day of _aQ_4� My Commission Expires: NOTARY PUBLIC NOTARY PUBLIC, STATE OF FLORIDH. MY C074MISSION EXPIRES: JUNE 26, 1997. BONDED TNRU NOTARY PLJSLIC UNDERWRITERaJ t MAST-DOC ACK&CON.TO.AGRE . r1 rj7C�'1' V ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT ANI�- - CONSENT TO ASS`fGNMENT FOR: TAMARAC S UARE WEST Name of Development THE ANIS COMPANY, an Ohio corporation having an address of p. 0. Sox 5937 Cleveland Ohio 44101-0937 party of the second part agrees to accept assignment of Utility Connections. WITNESSETH: THE ANTS COMPANY, an Print e 77y By: Ohio corporation krr 6-7 � 4, � in am d A ��AiJNOnJ B y• v c /9i2 4 s i J 1 Ai T 906enScn�,YS (CORPORATE SEAL) �!1 C'uicr7•u2/ai 5 +_ A / 0 A nv i s cvrwpn,�r STATE OF OHIO `""J c' k " " COUNTY OF SS '� Before me personally appeared R, b,_.•z � A - S to me well known and known to me to be the person(s)�described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument, for the Purposes therein expressed. WITNESS my hand and officialseal th� S� r-c rr-hoL ✓t, 19 .`..L_ �' sY of My Commission Expires: MAST-DOC ACC&ACK&CNT/ASS C� NOTARr PUBLIC Print Name !r 41'wV6A4 4•/L[a A�OET}- 45 4 -- l`7U [�t C�nlTi n! 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