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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-452/4� troduced by://��<' Temp. Reso. #4424 1 2 3 4 ti CITY OF TAMARAC, FLORIDA��/��-- RESOLUTION NO. #86- 7� A RESOLUTION ACCEPTING AN ASSIGNMENT OF WATER AND SEWER DEVELOPER AGREEMENTS FOR WOODMONT TRACT 74/75 SITE PLANS 1 THROUGH 6, FROM BONAIRE ASSOCIATES, LTD., TO BONAIRE DEVELOPMENT PARTNERSHIP; AND PRO- VIDING AN EFFECTIV DATE. 7 WHEREAS, pursuant to Part IV(A) of the Water and Sewer Devel-- 8 pers Agreements pertaining to Woodmont Tract 74/75, Site Plans 1 9 hrough, the City of Tamarac shall approve all assignments in 10 writing; and 11 WHEREAS, pursuant to Part IV(A) of the Water and Sewer Devel- 12 pers Agreements, the City shall be a party to said assignment; 13 OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 14 AMARAC, FLORIDA: 15 SEtCTION 1: that the City of Tamarac hereby approves and 16 accepts the Assignment of the Water and Sewer Developers Agree- 17 ents, attached hereto and made a part hereof as Exhibit "1". 18 SECTION 2: That the City Clerk of the City of Tamarac is 19 ereby instructed to ensure recordation of the assignment and 20 fcceptance thereof. 211 SECTION 3: This Resolution shall become effective immedi- 22 tely upon its passage. A,� 23 ASSED, ADOPTED AND APPROVED thisc23 day of1986. `zll 25 26 TTEST: 27 Z8 CAROL E. BARBUTO CITY CLERK 29 CERTIFY that I have 30J.HEREBY proved the form and correct- 31ess of this RESOLUTION. 33 A. BRYA CITY 34 35 36 BERNARD HART MAYOR MAYOR: HART J DIST, X: C/W MASSARO -- DIST. 2: V/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: C/M STEIN _ %k 11"R t��;L I I e 150 . fib. C� 0 is ASSIGNMENT OF WATER AND SEWER AGREEMENTS KNOW ALL MEN BY THESE PRESENTS, that BONAIRE ASSOCIATES, LTD., a Florida limited partnership (hereinafter "Assignor"), in consideration of the sum of Ten and N0/100 ($10.00) Dollars and other good and valuable consideration, in hand paid by BONAIRE DEVELOPMENT PARTNERSHIP, a Florida general partnership (hereinafter "Assignee"), at or before the ensealing and delivery of these presents, the receipt and sufficiency whereof are hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the Assignee, all right, title and interest in and to those certain Water and Sewer Agreements attached as Exhibit "A" hereto and by reference made a part hereof; TO HAVE AND TO HOLD forever, the same unto the Assignee, its legal representatives, successors and assigns. ASSIGNEE joins in the execution hereof and expressly assumes all duties and obligations of Assignor in, under and arising out of the above Water and Sewer Agreements more particularly described in Exhibit "A". IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals, this t1,day of , 1986. Signed, Sealed and Delivered in the Presence of: L T-Ks\to "RISSMAN COMMUNITIES, INC.") BONAIRE ASSOCIATES, LTD., a Florida limited partnership By: BONAIRE INVESTMENTS, a Florida general partnership, as General Partner By: RI MAN COMMUNITIES, INC., a 1 ida corporation, as Gene al P rtner of BONAIRR INVEST NI' By: (Corporate Seal) (SIGNATURES CONTINUED ON PAGE 2 HEREOF) SMITH & MANDLER. P.A. ATTORNEYS AT LAW, 1111 LINCOLN ROAD MALL. MIAMI BEACH, FLORIDA 33139 (SIGNATURES CONTINUED) Val, �'L) ( Ah fto "1BEEWER, IN ." ) r -2- By: BEEWER, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS By: ICHAEL B. WERNER, resident (Corporate Seal) is By: HABSMITH, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS By / HARRY B SMITH, President. (Corporate Seal) By: BERMAND, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS By BERNARD S. MANDLER, President (Corporate Seal) By: ESSMITH, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS y_ r � SAMUEL S . SMITH, ` `- President (Corporate Seal) By: EMJAY, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS MELVIN /J< JACOB©WITZ, Presi,6ent (Corporate Seal) • SMITH & MANDLER. P.A. ATTORNEYS AT LAW. I111 LINCOLN ROAD MALL. MIAMI BEACH, FLORIDA 33139 C� J 11 0 (SIGNATURES CONTINUED ON PAGE 3 HEREOF) I �:4ZL� /,, (A to "JAYKAY, IN-C. 1 (As to "RISSMAN BUILDERS, INC.") STATE OF FLORIDA COUNTY OF C By: JAYKAY, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS G RALD X. SCHWARTZ, Rresideq (Corporate Seal) "ASSIGNOR" BONAIRE DEVELOPMENT PARTNERSHIP, a Florida general partnership By: TAMARAC INVESTMENT GROUP, LIMITED PARTNERSHIP, a Connecticut limited partnership, as General partner By: HANLEY SOUTH CORPORATION, a Florida corporation, as sole General Partner of TAMARAC11NTORSBy. ��2 'EC .S NS O.MBURGER, President (CORPORATE SEAL) By: RISSMAN BUILDERS, INC., a Flori corporation, as GeneAl /partner as R�INFY S. RISSMAN, P esident (Corporate Seal) "ASSIGNEE" BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared RAINEY S. RISSMAN, as President, of RISSMAN COMMUNITIES, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS, a Florida general partnership, as sole General Partner of BONAIRE ASSOCIATES, LTD., a Florida limited partnership, and acknowledged the foregoing in his capacity as same for the purposes herein -3- SMITH & MANDLER. P.A. ATTORNEYS AT LAW, 1111 LINCOLN ROAD MALL, MIAMI REACH. FLORIDA 33139 des abed behalf of the corporation this �^ day of Irvo ,A , , 1986. J NOTARY PUBLIC, State of Florida �J My Commission Expires: STATE OF �/�} �r NOTARY PUBLIC, STATE OF PLORIOX MY COMMISSION EXPinES MAR. 3, 1990. ■ONOXD THRU NOTARY PUBLIC UNDERWRITERS • COUNTY OF B FORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared MICHAEL B. WERNER, as President., of BEEWER, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS, a Florida general partnership, as sole General Partner of BONAIRE ASSOCIATES, LTD., a Florida limited partnership, and acknowledged the foregoing in his capacity as same for the urposes herein described on behalf of the corporation this day of 1986. NO RY UBLIC, Stat6 of My Commission Expires'/J STATE OF FLORIDA COUNTY OF DADE BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared HARRY B. SMITH, as President., of HABSMITH, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS, a Florida • general partnership, as sole General Partner of BONAIRE ASSOCIATES, LTD., a Florida limited partnership, and acknowledged the foregoing in his capacity as same for the purposes herein des ibed o behalf of the corporation this ( day of � , 1986. STATE OF FLORIDA COUNTY OF DADE NOTARY PUBLIC, State of Florida My Commission Expires: NOTARY PUBLIC. STA"rE OF FLORIDA MY COMMISSION EXPIEES MAR. 3, 1990. BONDED THRU NOTARY PUBLIC UNDERWRITERS BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared BERNARD S. MANDLER, as President, of BERMAND, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS, a Florida general partnership, as sole General Partner of BONAIRE ASSOCIATES, LTD., a Florida limited partnership, and acknowledged the foregoing in his capacity as same for the purnoses herein described on behalf of the corporation this day of 1986. L NCTART PUBLIC, State of Florida My Commission Expires: Notary Public. State of Florida at Large My Commission Expires Dec 29. 1986 - 4- SMITH & MANDLER. P.A. ATTORNEYS AT LAW. 1111 LINCOLN ROAD MALL. MIAMI BEACH. FLORIDA 33139 CJ 11 STATE OF FLORIDA COUNTY OF DADE BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared SAMUEL S. SMITH, as President-, of ESSMITH, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS, a Florida general partnership, as sole General Partner of BONAIRE ASSOCIATES, LTD., a Florida limited partnership, and acknowledged the foregoing in his capacity as same for the purposes herein described on behalf of the corporation this day of , 1986 . . tip NOTARY UBLIC, State of Florida STATE OF FLORIDA COUNTY OF DADE My Commission Expires: Notary Public. State of Fonda a', Ls g My Commission Expires Dec 29 198►, BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared MELVIN J. JACOBOWITZ, as President, of EMJAY, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS, a Florida general partnership, as sole General Partner of BONAIRE ASSOCIATES, LTD., a Florida limited partnership, and acknowledged the foregoing in his capacity as same for the purposes herein descried on b9half of the corporation this % day of �,,;,�. ,t . , 1986. STATE OF FLORIDA COUNTY OF DADE NOTAR/,PUBLIC, State of Florida My Commission Expires: ROTARY PL'B'_IC STATE of FLORIIA NY court: sSIGN EXP. AOR 1S,i9E9 BONDED THRU GENERAL INS. UN0. BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared GERALD K. SCHWARTZ, as President, of JAYKAY, INC., a Florida corporation, as General Partner of BONAIRE INVESTMENTS, a Florida general partnership, as sole General Partner of BONAIRE ASSOCIATES, LTD., a Florida limited partnership, and acknowledged the foregoing in his capacity as same for the pure ses herein de.9crilped on behalf of the corporation this .day Of , 1986. NONARY11YUBLIC, State of Florida My Commission Expires: Notary Public, State of Florida at Large My Commission Expires Dec. 29, 1986 -5- SMITH & MANDLER, P.A. ATTORNEYS AT LAW. 1111 LINCOLN ROAD MALL. MIAMI BEACH. FLORIDA 33139 STATE OF -:F C,. COUNTY OF p� BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared HANS HOMBURGER, as President, of HANLEY SOUTH CORPORATION, a Florida corporation, as sole General Partner of TAMARAC INVESTMENT GROUP, LIMITED PARTNERSHIP, a Connecticut limited partnership, as General Partner of BONAIRE DEVELOPMENT PARTNERSHIP, a Florida general partnership, and acknowledged the foregoing in his capacity as same for the purposes he ein described on behalf of the corporation this ISM day of ���►--��1986. NOTAIZY PUBLIC, State of Florida STATE OF FLORIDA COUNTY OF f My Commission Expires: NOTARY PUBLIC, STATE OF FLORIDA MY COMMISSION EXPIRES MAR. 3, 1990. BONDED TMRU NOTARY PUBLIC UNDERWRITERS BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared RAINEY S. RISSMAN, as President, of RISSMAN BUILDERS, INC., a Florida corporation, as general partner of BONAIRE DEVELOPMENT PARTNERSHIP, a Florida general partnership, and acknowledged the foregoing in his capacity as same for the purposes herein des ed on ehalf of the corporation this -1,tL day of !� , 1986. NOTA Y PUBLIC, State of Florida My Commission Expires: NOTARY PUBLIC, STATE OF FLORIDA MY COMMISSION EXPIhES MAR. 3. 1990, BONDED THRU NOTARY PUBLIC UNDERWRITERS CONSENT TO ASSIGNMENT The City of Tamarac hereby consents to the Assignment made above. ATTEST: Jc /J BY THE CITY OF TAMARAC Mayor DATE : [ 1, ATTEST: City Clerk DATE: � .�r , �-��,�' . ._�-; / -� - �. CITY OF TAMARAC APPROVED AS TO FORM APPROVED AT MEETING OF /,z/-2 3 yC� By: - _ �. ,4, `•C ty Attorney 4278C 4flPLt C m ram' -6- SMITH & MANDLER, P.A. ATTORNEYS AT LAW, 1111 LINCOLN ROAD MALL, MIAMI BEACH, FLORIDA 33139 STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledg- ments, personally appeared Bernard Hart, Mayor and John P. Kelly, City Manager to me known to be the person described in and who e ecuted the foregoing instrument and_r-(r-t/ acknowledged before me that z_r executed the same. WITNESS my hand and off4cial seal in the County -and State last aforesaid thisday of A.D. , 19 ' ac--cam Zci-,_-) MY COMMISSION EXPIRES: NOTARY PUBLIC NOTA°Y PVSLIC STATE OF FLORIDA EV COf. iSjION EXP SEPT 17,1990 BONDED TNRU GENERAL INS. UND. C� 0 EXHIBIT "A" Developer's Water and Sewer Service Agreement in favor of TAMARAC UTILITIES recorded October 20, 1969 in Official Records Book 4057, Page 961 as affected by Release of Lien recorded June 15, 1971 in Official Records Book 4525, Page 568. Developer's Water and Sever Service Agreement in favor of TAMARAC UTILITIES recorded December 20, 1972 in Official Records Book 5098, Page 623. Developer's Water and Sever Service Agreement in favor of CITY OF TAMARAC recorded January 9, 1981 in Official Records Book 9345, Page 561. Developer's Water and Sever Service Agreement in favor of CITY OF TAMARAC recorded May 28, 1985 in Official Records Book 12564, Page 298. Developer's Water and Sever Service Agreement in Favor of CITY OF TAMARAC recorded May 28, 1985 in Official Records Book 12564, Page 318. Developer's Water and Sewer Service Agreement in favor of CITY OF TAMARAC recorded May 28, 1905 in Official Records Book 12564, Page 369 and Amendment thereto recorded August 12, 1985 in Official Records Book 12741, Page 604. Developer's Water and Sewer Service Agreement in favor of CITY OF TAMARAC records 'May 28, 1985 in Official Records Book 12564, Page A6-as amended oy instruments recorded August 12, 1985 in Official Records Book 12741, Page 595 and recorded February 24, 1986 in Official Records Book 13202, Page 83. Resolution of the CITY OF TAMARAC and dedication attached thereto, dated November 14, 1975 and recorded January 7, 1976 in Official Records Book 6450, at Page 688. TH/S S/T,E • LCX,AiION SKL'TGH n�.r�