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1991-51 Refusual to Accept Parkland UtilitiesRESOLUTION NO. 91 - 51 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, RATIFYING AND AFFIRMING THE DECISION OF THE CITY COMMISSION NOT TO OBTAIN TITLE TO THE SEWER PLANT AND COLLECTION SYSTEM AND WATER PLANT AND DISTRIBUTION SYSTEM SERVING THE PARKLAND LAKES PLANNED UNIT DEVELOPMENT (PUD) WHEREAS, the City of Parkland, Florida (City), and Marco Realty, Inco (Developer), entered into an Agreement dated December 21, 1978 (Agreement), and an amendment to the Agreement dated November 14, 1979; and WHEREAS, the Agreement, as amended, provided in part that after the expiration of eleven (11) years from the date the Developer obtained its first residential building permit to commence construction in the Parkland Lakes PUD and, if requested by the City, the Developer would convey to the City title to the sewer plant and collection system and/or the water plant and distribution system serving the Parkland Lakes PUD, together with the five acre site upon which the same are located, and the Developer would lease to the City the balance of the utility site for ninety-nine (99) years; and WHEREAS, the Developer did cause to be constructed a sewer plant and collection system and a water plant and distribution system; and WHEREAS, more than eleven (11) years have passed from the date the Developer obtained its first residential building permit to commence construction in the Parkland Lakes PUD; and RESOLUTION NO. 91 - 51 CITY OF PARKLAND WHEREAS, the issue as to whether the City should obtain title to the Parkland Lakes PUD sewer plant and collection system and water plant and distribution system has been reviewed by the City°s staff and the City's Utility Advisory Board, which have recommended against the City obtaining such title; and WHEREAS, after deliberation on the issue at its meeting on November 6, 1991, the City Commission determined not to obtain title to the Parkland Lakes PUD sewer plant and collection system and water plant and distribution system and the five (5) acre sewer and water plant site and all improvements thereupon or to lease the balance of the utility site for ninety-nine (99) years; and WHEREAS, the City Commission deems it appropriate to memorialize its decision not to obtain title to the Parkland Lakes PUD sewer plant and collection system and water plant and distribution system and the five (5) acre sewer and water plant site with improvements or to lease the balance of the utility site by the adoption of this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA Section 1. That the City Commission hereby ratifies and affirms its decision made at its meeting on November 6, 1991 not to obtain title to the sewer plant and collection system (with easements or rights-of-way) and/or the water plant and distribution system (with easements or rights-of-way) serving the Parkland Lakes PUD and the five acre site on which they are RESOLUTION NO. 91 - 51 CITY OF PARKLAND located or a leasehold interest in the balance of the utility site designated under the Master Development Plan. Section 2. That the City Commission deems the provisions of the Agreement, as amended, relating to the City obtaining title to the Parkland Lakes PUD sewer plant and collection system and water plant distribution system, together with the five acre site on which they are located and all easements and rights-of-way, as well as the right to obtain a leasehold interest in the balance of the utility site designated under the Master Development Plan, to be cancelled and of no further force or effect; and the City°s Mayor is authorized to execute a cancellation statement in a form recordable in the Public Records of Broward County, Florida. Section 3. That the City Clerk provide the Developer with a certified copy of this Resolution. PASSED AND ADOPTED THIS 18th DAY OF DECEMBER SUSAN ARMSTRONG, CMC, CITY CLERK ,1991. SA PAGLI �YOR