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Home My WebLink AboutCity of Tamarac Resolution R-2000-040Temp. Reso. #8900, January 19, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-20004tO 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 BUILT TO SUIT PARTNERS II FOR THE WALGREENS AT WOODMONT SHOPPES PROJECT TO ORITT/TRION WOODMONT, LTD., 2) APPROVE AN ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT EXECUTED BY ORITT/TRION WOODMONT, LTD., AND 3) APPROVE AND EXECUTE AN ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT BETWEEN BUILT TO SUIT PARTNERS II AND ORITT/TRION WOODMONT, LTD. FOR THE WALGREENS AT WOODMONT SHOPPES PROJECT LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND NW 82nd STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Built To Suit Partners II executed a Second Amendment to the Water and Sewer Developer's Agreement with the City of Tamarac on January 26, 2000; and WHEREAS, Built To Suit Partners II, owner of the Walgreens at Woodmont Shoppes Project located on the southwest corner of University Drive and NW 82nd Street, (attached hereto in map form as "Exhibit 1") transferred ownership to Oritt/Trion Woodmont, LTD.; and WHEREAS, Built To Suit Partners II has requested an assignment of the Water and Sewer Developer's Agreement to Oritt/Trion Woodmont, LTD.; and Temp. Reso. #8900, January 19, 2000 2 WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's Agreement for the Walgreens at Woodmont Shoppes Project, the City of Tamarac shall approve all assignments of the Water and Sewer Developer's Agreement; 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 Acknowledgement of Agreement and Consent to Assignment be approved; and that the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Built To Suit Partners II and Oritt/Trion Woodmont, LTD. 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 Acknowledgement and Consent to Assignment; and 3) approve and execute the Acceptance and Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement between Built To Suit Partners II and Oritt/Trion Woodmont, LTD. for the Walgreens at Woodmont Shoppes Project. 1 1 1-1 Temp. Reso. #8900, January 19, 2000 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 Built To Suit Partners II, (attached hereto as "Exhibit 2") for the Walgreens at Woodmont Shoppes Project located on the southwest corner of University Drive and NW 82nd Street. SECTION 3: That the City of Tamarac hereby approves the Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by Oritt/Trion Woodmont, LTD., (attached hereto as "Exhibit 3") 3 SECTION 4: That the City of Tamarac hereby approves and executes the Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer Developer's Agreement for the Walgreens at Woodmont Shoppes Project (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. 1 1 Temp. Reso. #8900, January 19, 2000 SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clauses, 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. 4 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of , ATTEST: CARO OLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I Wve approv this RESOLUT N as to.f6rr • I n MW/krs/tf MITCH%k S. KRAFT CITY'ATTORNEY 4 � ' JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2! V KIN DIST 3: COMM SULTANOF DIST 4.. COMM- AnRFQTe EXHIBIT 1 • � 0 TEMP. RESO. # 8900 T C14/CYPRESS CREEK CANAL P.S. #1 S❑ U T H G A T E D L V n MISSION LAKES CORAL CREEK COMMUNITY • 2❑UTHGATE • B.+ • 83 CT +��5+ + 8D Sr C4Wrf4�k a i DON CARTER'S CHEVRON SOUTHGATE GARDENS SOUTHGA7E APTS 84 ST 4 T d 84 ST 84 7 T j/ N hW n i• i . i a . + ` . ' . `' ' TARGET = 83 S7 3 ST a > / .. i . a ' . . . a a AMOCO a > ^ 82 CT ^ / a i i y1P 7R51 + BAW q n SUNFLOWER 82 ST Y L7`' . N.AMER. . + + a . CASSIA / ET + B8 S7 WALGRSENS 81 PL > a yr R53 i At a n 81 PL ~ . a + p1Nr'a /// s•� c~i NOOAUONT c 81 CT + SAOPPLS ` ate' Pli11Y q�C + qr n , 81 CT _off oov y� S TE o + LOC TI N 2 41N 81 S7 el ST • r Q j z ai 80 PL a y C' / • so ET //////j /j 80 C7 a TR54 /�///j + j!� • a �jj j//// ggg a 80 ST _ w a • z cF79 a ^ n ~ m �• • i r FERN CIR •7 T '� Yn + • • . �TR55 / TR56 , g ^ 79 �3 CT aA ST 1 AVALON ^ 81 ST 80 CT 80 �T T INC Af�s W IR E TATts PL fS �� 7e cr � L N SRC, 3 w or r 6 78 S yy ' CK � (] r a TR74 �3 mT WOOD�T J'A $ n ^ o /� of 4678 ST 78 ST 78 ST 78 ST 78 Sr a TAMARAC ; R D / c ES LC a 76 PL WEST 00 17 g Q 3 w 7 a j 0o n a z j `F�j2 W 76 DR i 76 CT ^ 76 DR = Q / /, /./j / i 76 CT 7 ST i r A`MAL AC /i TR75 i /PARK- 6 ST 76 S 7 a //TOWNr ink n 7 n > MAIN AN 16 7 n T 73 Sr // /i/ PLAZA ^ a 75 ST ^ 4 , a 75 CT g OR NTH 6 4 75 T ° 0 GREENBRI // a u 7q 75 ST a ,.. L/ Li 9 10 n n n 74 PL ^ / 74 P 1 TAMARAC MED. z 8p UNIV. UNIV. CTR -D 73 T PICCADILLY / / ^/ MED CTR HOSP. 72 ST 72 Sr / 72 ST e c 72 ST 7 6 5 a a 1 71 CT p/ 71 ST 71 CT j PARK WOODMONT aq cv 6 71 CT T"C AC&TIC SQUARE 11 / n n 70 CT g 71 ST / CT cr, w 71 ST a q /�4��j/ 70 ST MA LANDS 14 a BR Oif CREST 14 7o Cr / TR72C ¢ ACAD MY °n° NSi 3 / n o INE PLE P03 H1L n BA 70 CT N' R' UNITED w i / ALBERTSON METHODIST a WOODMONT WOODMONT ALL SAINTS O bl y�Y6 a Wca COMMONS PLAZA LUTHERAN BANNS SHELL (69ST.) COLONY �W n �e j BROOKSIDE COVE MCNAB ROAD BANK ITEXACO TPAMAR BROOKWOOD ¢�CASABLANCA CONCO D VILLAGE PLAZA cCENTER 1 NANDINA LN WALGREENS AT WOODMONT SHOPPES WALGRE@W❑❑DM❑NT.DWG ASSIGNMENT. ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT. 0 "Exhibit 2" TAMARAC UTILITIES ASSIGNMENT FOR: Walgreens at Woodmont Shoppes KNOW ALL MEN BY THESE PRESENT THAT Build To Suit Partners II having an address of 10021 Pines Boulevard, Suite 101, Pembroke Pines, FL 33024, 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 Oritt/Trion Woodmont, LTD. having an address of 5310 NW 33'd Avenue, Suite 219, Fort Lauderdale, FL 33309, 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: KI ,F ri All right, title and interesAin and to 15.1 ERC units also known as Utility Connections as referred to in that certain Agreement dated March 22, 1991 by and between Build To Suit Partners II, 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 March 22, 1991 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 • C7 IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this day of In the presence of: By , (CORPORATE SEAL) STATE OF FLORIDA 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 S appeared to me known to beZ,S he person(s) described in and who executed the foregoing instrument and � acknowledged before me that L executed the same. WITNESS my hand and official seal this a day 1 - NOTARY PUBLIC, State of Florida at Large (Name of tary Public. Print, Stamp, or Type as Commissioned) ( �) Personally known to me, or ( ) Produced Identification ( ) DID take an oath, or (x ) DID NOT tal, 9641014 2 DCROM I5R*cs Notary PUbft - Sk to of Florida My Commission Ewkw Oct 14, 2= CaffnV M 0 CC7am57 Assignmt.wpd "Exhibit 3" TAMARAC UTILITIES ACCEPTANCE AND ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: Walgreeens at Woodmont Shoppes ORITT/TRION WOODMONT, LTD, having an address of 5310 NW 33rd Avenue, Suite 219, Fort Lauderdale, FL 33309 party of the second part, agrees to accept assignment of Utility Connections. ATTEST: Bv: Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF CORPO Awoo TION ORITT/T BY: TRI WOOD By: Kenne h T. Barber Presi ent ONT, LTD. T, INC., its general partner I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of resaid and in the County aforesaid to take acknowledgments, personally v appeared 'c -`cA�_ 7T, i' iL to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that L`r— executed the same. WITNESS my hand and official seal this day of 199 `l. c� ALiCASims NOTARY PUBLIC, State of Florida * My Commission CC567821 at Large x r Expir" Jun, 26, 20W (Name of Notary Public: Print, Stamp, or type as Commissioned) ( Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take and oath, or( DID NOT take an oath. 960605 1 Acceptance and Acknowledgment of Agreement and Consent to Assignment "Exhibit 4" 10 TAMARAC UTILITIES ACKNOWLEDGMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT FOR: Walgreens at Woodmont Shoppes_ Name of Development The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of a it entered into a Water and Sewer Developer's Agreement concerning Walgreens at Woodmont Sh_hoppes , "Developer's Agreement", with Built To Suit Partners II as Owner, a copy of which Agreement is incorporated by reference. The Developer's Agreement was subsequently assigned by Built To Suit Partners II to . Oritt/Trion Woodmont, LTD. by Assignment dated December 22 1999 The City hereby consents to and approves the Assignment of the Developer's Agreement from Built To Suit Partners II to Oritt/Trion Woodmont LTD. . 980605 Acknowledgement of Agreement And Consent to Assignment F] 0 C7 • ATTEST: ) By: Carol Gold, CMCI City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC By:-C Joe S eiber Mayor Date: 31a/0 G Je le City Manager nat./1 A - AZO-0° ¢ to By: v . Mitchell S. Kraft SS (--City Attorney COUNTY OF DuAe.- I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Count afoKA aid to take acknowledgments, personally appeared '4 me known to be the person(s) described in and who executed the foregoing instrument and � acknowledged before me and under oath that executed the same. 2000 WITNESS my hand and official seal this r.V- day of ersonally known to me, or ( ) Produced identification NOTARY BLIC, State of Flodrlq at Large OFFICt L NOTARY SEAL JUNE A WHITE N(. i ARY nmL c STATE of FLORIDA COMMk513iON No. CC77VM MY COMMEMON EXP. SEPI 15 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ID NOT take and oath 980605 K Acknowledgement of Agreement And Consent to Assignment