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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-092Temp. Reso. #8873, December 17, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT A BILL OF SALE ABSOLUTE FROM PEP BOYS-MANNY, MOE AND JACK, FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS FOR THE PEP BOYS PROJECT LOCATED ON THE NORTHWEST CORNER OF NW 73rd AVENUE AND COMMERCIAL BOULEVARD, FOR CITY OWNERSHIP; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pep Boys -Manny, Moe and Jack, has constructed the Pep Boys Project and has installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on February 26, 1997, which is located on the northwest corner of NW 73rd Avenue and Commercial Boulevard (attached hereto in map form as "Exhibit 1 "); and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on June 9, 1997 requires Pep Boys -Manny, Moe and Jack, to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Pep Boys -Manny, Moe and Jack Project: and WHEREAS, Pep Boys -Manny, Moe and Jack, has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution System Improvements installed for the 1 1 1-1 Temp. Reso. #8873, December 17, 1999 2 Pep Boys Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Bill of Sale Absolute be accepted for the Pep Boys Project Water Distribution System Improvements; 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 accept a Bill of Sale Absolute from Pep Boys -Manny. Moe and Jack, for the Water Distribution System Improvements installed for the Pep Boys 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 appropriate City Officials are hereby authorized to accept a Bill of Sale Absolute (attached hereto as "Exhibit 2") from Pep Boys -Manny, Moe and Jack, for the Pep Boys Project Water Distribution System Improvements, located on the northwest corner of NW 73d Avenue and Commercial Boulevard. I Temp. Reso. #8873, December 17, 1999 3 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 Id day of 2000. ATTEST: MART N SWENSON INTERIM CITY CLERK I HER CERTIFY that I appr 77 ved t is SOLUTIC to f rm. MW/krs/tf ITCHELL SJ (RAFT CITY ATTORNEY 2�la �� JO SCHREIBER MAYOR RECORD OF COMAAWAWN MAYOR 8t19ER .. oust 1: 00MM, POM74M. D1ST 2: COMM. MIGHMNwe DIET ®: GOWL StamwN. DIST 4: VIM ROB .. EXHIBIT i lie 14D 14D TEMP. RESO. # 8873 w w NATIONS BANK SHELL LAKE c z a (7) w a z C❑L❑NY ti w X D " u ' M C N A B R❑ A D C69ST w TEXAC❑ TPLAZAC BROOK WOOD a CASABLANCA GW BANK PLAZA CENTER a n �' y UNIVERSITY > W❑❑DLANDS SCHOOL y COMMONS CQ 68 ST y y y > \ ¢ \ w Y y 67 ST / y BELLE TERRE 3 p n Z ¢ a y W OF > a 66 ST cJ u j y TAMARAC r ^ MAINL Qi NDS S 15'// w W LyJ W l7 65 ST`- W UNIV. 64 CT SHQPPES ❑FCS. 64 ST// y W 64 ST r W a > EGAN // PLAT > / // //% Z ` y u 2 Q ¢ 63 CT 63 \� \� 0 v > n ¢ > ¢ > ¢ j x\ �+ a CT %/ %j/ Hi �\ 63 ST 63 ST 1LLAGE SQUARE (-I/THUMB W SAINT 62 ST 62 STCY } 62 ST MALACHY W > 7 > ¢ ¢ ¢ ¢ ¢ j /j w a 61 ST )t LiLO o 3 �61 ST TERN > ^ ^ n / 8T n Ll > `� CURTIS N ANDS SE 10 �� � 60 CT ^ n FIELD NATIONS / ji/ j/' / q � PLAT BANK 7 d 60 ST // 60 ST j vL 9L jj 59 ST f 59 ST 59 ST 58 in a ¢ ¢ n $ 5 ST 7 S� T w u , n 58 ST n n BLOCK 6o '' 57 PL / g ¢ r Q a BUSTER v~i BIG LOTS � 8 PLAZA MAI L D SEC 9> �' ¢ r O OD ID n 57 DR .n B❑ST❑N CHICKEN SITE 5 _ o ^ n a CDMA NLA DS SEC S 57 DR ? LOCATION 57 CT 57 CT . c7 a T y a w z z z 4 o' �,�m pip < L� L.J w cy u a vwi � MARKETPLACE N q 0� r i a� ¢w q ¢ro¢ �p U'D 8aY5 r�Y �9A °�z 2a OF w� ¢a¢ w �Oq u r Lou ara n� ¢ wA uw TAMARAC >� a❑�a E ¢ p to L` r C[]MMERI?AL BLVD PEP BOYS -DWG PEP BOYS BILL OF SAE ABSOLUTE "Exhibit 2" • • • TAMARAC UTILITIES BILL OF SALE ABSOLUTE WATER & SEWAGE COLLECTION SYSTEMS FOR: PEP BOYS rroject Name KNOW ALL MEN BY THESE PRESENTS, that THE PEP BOYS-MANNY, MOE & JACK , a PENNSYLVANIA CORPORATION whose address is 7305 WEST COMMERCIAL BOULEVARD, TAMARAC , in the County of BROWARD and State of Florida, Party of the first part, for and in consideration of the sum of ten dollars ($10.00), lawful money of the United States, to be paid by the CITY OF TAMARAC, a municipal corporation of the State of Florida, 7525 Northwest 8811 Avenue, Tamarac, Florida, 33321, Party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered and by these presents does grant, bargain, sell, transfer and deliver unto the said Party of the second part, its successors and assigns, the following goods and chattels: 981218 All of the Water Distribution and Sewage Collection System Improvements; together with all appurtenances attached thereto, which lie within the Public Rights -of -Way or within Utility easements provided for Same in the Plat of BLATT COMMERCIAL PLAT Recorded in Plat Book 133 Page 45 of the Public Records of Broward County. 1 Bill of Sale Absolute All of the above further described in "As- Builts" Plans for PEP BOYS a copy of which is on file with the City of Tamarac. Prepared by: JOEL D. BARNES AT KIMLEY HORN & ASSOCIATES Dated: TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns forever. The party of the First part does covenant to with the Party of the Second part, its . successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said Party of the Second part its successors and assigns against the lawful claims and demands of all persons whomsoever. • 981218 2 Bill of Sale Absolute .I1C • �J IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. THE PEP BOYS-MANNY, MOE & JACK I tress Type Name Mickie Toll �#rw Witness Ellen S. Frank Type Name STATE OF PENNSYLVANIA: .: SS COUNTY OF (GRANTOR) Typ ame/Title O. '" R ' Joseph A. Cirell i, Vice Pres`itr' .W. SEAL y..-o 192-5 tea, SECRETARY'S SIGNATURE •; •.•' f., y ame Me Ronald M. Neifield, Asst. Secretary I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State esaid and in the County aforesaid to take acknowledgments, personally appeared L to me known to be the person(s) describe�andexecut�theoreinginstrument and—�_'�acknowledged before me and under oath that executed the same. QC�� WITNESS my hand and official seal this / G' day of 199 ( /Personally known to me, or 981218 3 NOTARY PUBLIC, Carmnonw - lth of PA at Large e of Notary Public: Prin , Stamp, or type as Commissioned) Notarial Seal Catherine Inglesby, Notary Public Philadelphia, Philadelphia County My Commission Expires May 12. 2001 Member, Pennsylvania Association of Wtaras Bill of Sale Absolute �ic AMMMw PEPBOYS® To; Kurt 5chnen feller From: Nick Aspras Re; Hill of sale Absolute Date: February 09, 2000 please be advised that Joe Cirelli, senior vice -President, is a Corporate Officer of The Pep Boys and has the authority to execute all documents on behalf of The Pep Boys - If you should require any further information, please feel free to contact me at 215-430-9025. rI is.3771 WBS(A1*gheny AYWVC • Phil800 0. PeWVYA12nig 19132 • 215J 229-9000 ** TOTAL PAGE.02 m;t: PEPBOYS' 0 Joseph Cirelli Vice Preskfenl - Developmen► Below is the certified signature of Joseph A. Cirelli, known to me personally to be the Vice President of Development for Pep Boys. Signature: Notarized by Date: Nolariat seat Betty A. Alklns, Notary Public PhllaidolpMla, Philadelphia County My Commissioin Expires. M commis 19, 2001 Oil n III gl'Ipt 3111 W. AllByhenyAvenOc • Philadelphia, pA 1-9132 • (21$) 430-9234 ** TOTAL PAGE.02 ** IIx