HomeMy WebLinkAboutCity of Tamarac Resolution R-92-023J
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Temp. Reso. # 6227
CITY OF TAMARAC, FLORIDA
RESOLUTION N0. R--92-
A RESOLUTION AUTHORIZING CITY OFFICIALS TO
EXECUTE A TERMINATION OF THE ORIGINAL WATER
AND SEWER DEVELOPER'S AGREEMENT FOR THE
WESTVIEW AT COLONY WEST PARCEL R PROJECT
LOCATED ON THE SOUTHEAST CORNER OF MCNAB ROAD
AND NORTHWEST E38 AVENUE, TAMARAC; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1 : That the appropriate City officials are
hereby authorized to execute a termination of the Water and
Sewer Developer's Agreement, for Westview at Colony West
Parcel R project located on the corner of McNab Road and
Northwest 88 Avenue, Tamarac, attached hereto and made a part
hereof as Exhibit "A
SECTION 2 That the City of Tamarac hereby agrees that
in exchange for Westview at Colony West Parcel R
relinquishing all their rights to a water and sewer
developers agreement, the City will not collect any
guaranteed revenue or interest accrued after December 31,
1991.
SECTION 3 That the City Clerk is hereby authorized
and directed to record said agreement in the public records
of Broward County, Florida.
SECTION 4 This Resolution shall become effective
immediately upon its passage.
PASSED, ADOPTED AND APPROVED thi.sc�& day of 2t.h,- 1992.
ATTEST:
3yo M ��4&z22e�
31 CAROL A. EVA S
CITY CLERK
35
aEREBY CERTIFY that I -have
ed this Resolu 'on as
M.
MITCHELL S.1vKRAFT
CITY ATTORNEY
V6,w otu_.
NORMAN ABRAMOWITZ
MAYOR
Al`CORD OF COUNM VOTE
MAYOR
DISTRK
DI.STRK
DISTRI(
DISTRI(
TERMINATION OF WATER & SEWER
DEVELOPER'S AGREEMENT
For Westview at Colony West (Parcel R)
This termination of AGREEMENT, made and entered into and
between the City- of Tamarac, 7525 Northwest 88th Avenue,
Tamarac, Florida, 33321, a municipal corporation of the State
of Florida, hereinafter called "CITY" and Westview at Colony
West having an address at 615 Dorchester Street West #330
Montreal, _Quebec, Canada H3B,_-lP5 , hereinafter called
"DEVELOPER"
W I T N E S S E T H:
WHEREAS, CITY and DEVELOPER entered into a Water and
Sewer Developer's Agreement for the property described in
Exhibit "A" attached hereto and made a part hereof on the
28th day of January, 1982 and
WHEREAS, the parties desire to terminate that Agreement.
NOW, THEREFORE, in consideration of the mutual covenant
and undertakings of the parties hereto and other good and
valuable considerations, the parties hereto covenant and
• agree as follows:
�J
1. The DEVELOPER wishes to terminate the Developer's
Agreement.
2. Upon termination of the Developer's Agreement, it is
agreed that the CITY shall have the right to exercise
any of the following sanctions or penalties:
a) Any reserved plant capacity under this Developer's
Agreement shall, be rescinded and forfeited.
b) The site plan for the property is voidable by
Resolution of the City Council.
c) There shall be an interest penalty equal to the
maximum rate allowed by Florida State Law on any
payments due to CITY from DEVELOPER which are not
paid. The penalty, when applicable, shall accrue
from the due date of payment as provided in this
Agreement. The rate of interest shall be
established by Resolution of the City Council.
-1--
d) The CITY shall be entitled to lien the PROPERTY
and foreclose the lien in satisfaction of any
payments due under this Agreement.
e) CITY shall be entitled to any other remedy at law
and failure to exercise any remedy shall not
constitute a waiver of said remedy.
3. Upon termination of the Developer's Agreement, the
DEVELOPER will not be obligated to make any additional
guaranteed revenue payments or interest that may have
accrued after December 31, 1991.
4. This Amendment shall become effective on the latest
date of execution by a party hereto.
MAST-DOC
TERM/W&S/WESTVW
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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:
Jo P. Kelly,
C Y MANAGER
ATTEST:
Carol A. Evans,
CITY CLERK
STATE OF FLORIDA )
)
COUNTY OF BROWARD SS: )
THE ITY OF TAMARAC
By JUM
rman Abramowi-liz,
MJkYOR
011IYV / z
_ � I
Approved as to form
By
CITY A TORNEY
Before me personally appeared
1 -ez
to me well known and kfiow-n—t-6 me to be the persons) described in and who
4±executed the foregoing instrument, and acknowledged to and before me that
f-4 executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this & bVday of
A.D. 19 9�
16
d, - C&6�
My Commission expires:
NOTARY PJSUC, STATr ','.F FL OVUM,
MY coil, M!Ss�fj;q FIRS. JGbik Z6, ia,'3,
SQ'NUED TNRJ NOTARY PUWLIC WNULAVJi21ieR5.
40
1WM
Notary Public
State of Florida at Large
•
WITNESS
WITNESS
C�
• *I �• ��r
.91' �I • .91 I
11
i, e, c� 9,, cQ3
DEVEeOPER/OWNER ,-
B I�,�SI►fof aw com
DATE hLa
DATE
_4 _
(CORPORATE SEAL)
MORTGAGEE (If Applicable)
(CORPORATE SEAL)
E
0
(r -%2- rJ?,it
STATE OF FLORIDA )
SS:
COUNTY OF BROWARD)
Before me Personally appeared /4126V I V1.,--•—
to me well known and known to me to be the person(s) described
in and who executed the foregoing instrument, and acknowledge to
and before me that executed said instrument for the purposes
therein expressed.
�--- WITNESS my hand and official seal, this O- day of
�'r[� A. D . 19
kT-
My commission expires:
ATE OF FLORIDA )
) SS:
UNT F BROWARD
Before personally appeared
otary Public
State of Florida at Large
""'" Cheryl L Burris
Notcr1 'TATE OF FLORIDA
r�r�
Public !'1y ti or
Capv/L9/91
BOivDED
•«+ wCi11 nilV W11 dllu JL 11 1 Lo me Lo De the person(s) described
in and who executed the fo oing instrument, and acknowledge to
and before me that execut said instrument for the purposes
therein expressed.
WITNESS my hand and official eal, this day of
_._ A. D. 19
My commission expires:
m7m
Notary Public
State of Florida t Large
it � - 5 ;�- - 93 V
. AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
do h
n ereby affirm
that I am the ""Rnd that I
have executed an amendment to a water and sewer Developer s
Agreement.
There are no mortgages held on the property which is the
subject of said Developers Agreement.
FURTHER AFFIANT SAYETH NOT.
( IGN TURE) _
This0 day of 19
STATE OF FLORIDA )
SS:
COUNTY OF )
Before me personally appeared Mo ly, Iv15 �/-, to me
well known and known to me to be the person who executed the
foregoing instrument acknowledge to and before me that
executed said document for the purpose therein expressed.
WITN SS my hand and official seal this 0 da of
..A Lv 19 . y
OhtL� Ge- &J,4�
Notary P lic of State of Florida at Large
My Commission Expires:
Cheryl L Burris
9-m
:TATOF FLORIDA
11y i Qa Exp3/29/92
Q'=
EXHIBIT "A"
LEGAL. DESCRIPTION
All of Parcel R, of WOODLAND LAKES, according to the Plat thereof, as recorded
in Plat Book 71, at Page 18, of the Public Records of Broward County, Florida;
LESS AND EXCEPT therefrom, the following described portion:
Beginning at the Northeast corner of said Parcel lig", thence North 990 01, 50"
West, along the South right-of-way line of McNab Road, a distance of 380.00 feet;
thence South 00 58' 10" West, a distance of 296.27 feet to a point on the Easterly
line of said Parcel "R"; thence North 530 01' 38" Easty along the Easterly line of
said Parcel "R", a distance of 481.85 feet to the POINT OF BEGINNING.
Said lands situate, lying and being In Broward County, Florida.
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