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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-1511 ] Temp. Reso. # 6578 3 4 CITY OF TAMARAC, FLORIDA 5 • RESOLUTION NO. 13-93-� 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ASSIGNMENT OF RECREATIONAL LEASE AND RESTRICTIONS TO TAMARAC LAKES NORTH ASSOCIATION, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City of Tamarac was the Assignee of certain obligations, rights and 34 servitudes under an Assignment dated January 3, 1967 under a Recreation Lease and certain 15 restrictions in Tamarac .Lakes North and Tamarac Lakes North, Second Section, Broward County, Florida; and 17 18 WHEREAS, Tamarac Lakes North Association, Inc. is a Florida corporation not -for -profit 19 and the homeowners association for Tamarac Lakes North, a subdivision according to the Plat 2 hereof recorded in Plat Book 61, Page 7, of the Public Records of Broward County, Florida 2 and Tamarac Lakes North, Second Section, a subdivision according to the Plat thereof 22 23 recorded in Plat Book 71, Page 8, of the Public Records of Broward County, Florida; and 24 WHEREAS, by Resolution 71-12 and Resolution 77-187, the City of Tamarac affirmatively 25 declared its intent to terminate carrying out the maintenance of the recreation facilities and the 26 collection of recreation facility lease and maintenance payments from the owners of residential 27 28 lots in Tamarac Lakes North and Tamarac Lakes North, Second Section, and to assign those 29 rights and duties to the non-profit corporation (association) in Tamarac Lakes North and 30 Tamarac Lakes North, Second Section; and 31 ' WHEREAS, Tamarac Lakes North Association, Inc. was declared by the final order 32' (3/12/83) in Bennet vs. Behring Corporation, U.S. District Court for the Southern District of orida, Case No. 2-886-CIV-JAG, to be the official homeowners association responsible for the 35 I maintenance of the recreation property in Tamarac Lakes North and Tamarac Lakes North, Second Section and the collection of future monies owing by the owners of residential lots for � recreation rent and recreation maintenance pursuant to the recreation lease recorded in Official Records Book 3049, Page 392 and Official Records Book 3064, Page 834, of the Public i Records of Broward County, Florida and paragraph 6 and 7 of the Use and Building 2 2 3 4 S 7 10 11 32 33 24 35 16 27 28 21) 20 23 22 23 21 25 6 27 a 9 0 1 1 3 5 Restrictions recorded in Official Records Book 3049, Page 384, of the Public Records of Broward County, Florida; and WHEREAS, by the Articles of Incorporation of Tamarac Lakes North Association, Inc. effective February 24, 1971, authorize Tamarac Lakes North Association, Inc. to implement a collection program for the recreation parcel R and to ultimately receive title to said recreation parcel as envisioned by the final order in Bennet vs. Behring Corporation; and WHEREAS, Tamarac Lakes North Association, Inc. is desirous of carrying out the intent of the City of Tamarac, the Federal Court Order and the purposes and powers contained in the Articles of Incorporation; and WHEREAS, the City of Tamarac has never formally assigned its rights and duties under paragraph 6 and 7 of the Restrictions and under the Lease and the Association has agreed to accept such an assignment; and WHEREAS, afte`r6inlrestigAtion it does not appear that the City would be adversely affected by making the requested assignment; and WHEREAS, the City Council 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 assignment of I recreation lease and restrictions to Tamarac Lakes North Association, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFI TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed asi being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the City Council hereby assigns to Tamarac Lakes North Association Inc. any rights, duties, obligations or servitudes which it may have under that certain recreatio lease recorded in Official Records Book 3049, Page 392, and Official Records Book 3064, Pag 834, of the Public Records of Broward County, Florida, and under paragraphs 6 and 7 of thos restrictions recorded in Official Records Book 3049, Page 384, of the Public Records c Broward County, Florida. SECTION 3: That the appropriate officials of the City of Tamarac are hereby authori to execute the Assignments on behalf of the City. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby to the extent of such conflict. 3 4 5 6 30 23 24 25 25 27 28 29 30 1 1 SECTION 5: 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: CAROL A. EVANS , cMc CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form./1 MITCHELL 9. RR CITY ATTORNEY MAYOR DIST 1: •7 , . VL 1e day of , 1993. H.L. END MAYOR ;?"9.0 '.Rn nF r_ni lNr_u vnT= ASSIGNMENT OF LEASE AND RESTRICTIONS WHEREAS, the CITY OF TAMARAC, a municipal corporation of the State of Florida, is the Lessee by Assignment of Lease dated January 3, 1967, of the certain Lease Agreement by and between K.E. BEHRING, joined by his wife, PATRICIA R. BEHRING, as Lessors, and TAMARAC . LAKES, INC., a Florida corporation, as Lessee, which Lease was recorded in the Official Records of Broward County, Florida, in Official Records Book 3049, Page 392 and Official Records Book 3064, Page 834; and WHEREAS, said Lease devised and leased unto the Lessee therein the following described property: Parcel "R" in Block 7, TAMARAC LAKES NORTH, according to the Plat thereof recorded in Plat Book 61, Page 7, of the Public Records of Broward County, Florida; and WHEREAS, the CITY OF TAMARAC is desirous of assigning all of its right, title and interest in and to said Lease to TAMARAC LAKES NORTH ASSOCIATION, INC. ("ASSOCIATION") and the aforesaid ASSOCIATION is desirous of accepting said Lessee's interest and all of the rights, duties and obligations created thereby; and 0 WHEREAS, the CITY OF TAMARAC carried out certain collections of recreation rent and maintenance monies from the owners of residential lots in Tamarac Lakes North and Tamarac Lakes North, Second Section pursuant to paragraph 6 and 7 of those Restrictions recorded in Official Records Book 3049, Page 384 et seq., Broward County, Florida, and the City terminated such collections pursuant to City Resolution 71-12 and 77-187. NOW, THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the CITY OF TAMARAC, a municipal corporation of the State of Florida, does hereby assign, convey, sell and transfer all of its right, title and interest of whatever nature in and to said certain Lease entered into between K.E. BEHRING, joined by his wife, PATRICIA R. BEHRING, as Lessor, and TAMARAC LAKES, INC., a Florida corporation, as Lessee, as well as the rights, ie duties and obligations created by said Lease as aforesaid to ASSOCIATION. That this Assignment does not extinguish the lien created pursuant to paragraphs 6 and 7 of those certain restrictions filed of record in the Official Records Book 3049, Page 384, in Broward County, Florida. This Assignment is made and conveyed without recourse to the Assignor, the CITY OF TAMARAC, FLORIDA, and said CITY shall hereafter be fully released from any and all obligations and liabilities with respect to the covenants of the aforesaid Lease. THIS ASSIGNMENT shall take effect on the day off 1993. CITY OF TAMARAC, FLORIDA ATTEST: BY: /Z��' CAROL A. EVANS, CITY CLERK H. . BEN• R, MAYOR CMC CITY OF TAMARAC APPROVED AT MEETING Of /i/io 93 STATE OF FLORIDA COUNTY OF BROWARD (SEAL) LAX� /yc) DINA M. McDERMOTT, INTERIM CITY MANAGER t'24 QA7-02N 4ITC ELL S. KRAFT, Cl*AT2r6RNEY BEFORE ME, the undersigned authority, this day personally appeared H.L. BENDER and JOHN P. KELLY, respectively, as Mayor and City Manager of the CITY OF TAMARAC, FLORIDA, to me personally known before that they have executed the foregoing Assignment of Lease as such officials and that they have affixed thereto the official seal of said City. IN WITNESS WHEREOF, I hereunto set my hand and official seal at Tamarac, Broward County, Florida, this day of 1993. NOTARY PUBLIC Sign t7- Print A-TR►o►A mlggCc',+,2(a State of Florida at Large (Seal) My Commission Expires: N"ARV PUBLIC STATE OF RMIOA MY COMMISSION EXP. NOV. 6099A BONDED THRU GENERAL INS. UNIT. , r -Vj P, fi ACCEPTANCE OF ASSIGNMENT 0 WHEREAS, TAMARAC LAKES NORTH ASSOCIATION, INC. is desirous of accepting the foregoing Assignment of Lease and any rights or obligations under paragraphs 6 and 7 of the aforesaid Restrictions; and WHEREAS, the ASSOCIATION recognizes the rights, duties and obligations created by said Lease and Restrictions and has been fully advised of same and deems it in the best interest of the ASSOCIATION and all of its individual members to accept said Assignment. NOW, THEREFORE, in consideration of the Assignment of the aforesaid Lease and other good and valuable considerations, the foregoing Assignment of Lease by the CITY OF TAMARAC, FLORIDA, is hereby accepted and all of the terms, conditions and -obligations thereof are hereby approved and accepted by the ASSOCIATION. TAMARAC LAKES NORTH ASSOCIATION, INC. Sign: ��s�.... Print: k�et- I3Cd ,?c1Ye1 President Address:_g�ZO, /1 i11� id V-e, Attest: Sign: Secretar Address: Lo 5 Q. R_ ) STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, this day personally appeared _ gLrCe RL 7,FX I F,, and S i os President and Secretary, respectively, of TAMARAC LAKES NORTH ASSOCIATION, INC., to me personally known, this day acknowledged before that they have executed the foregoing Acceptance of Assignment as such officers. IN WITNESS WHEREOF, I hereunto set my hand and official seal at Tamarac, Broward County, Florida, this 15-4 day of 993 NOTARY PUBLIC Sign !� Print sore State of Florida at Large ( al My Commis ion Expires: =�a-J1&' 0M ECTJAcicSD cvr��►rsN' HupgEn CC201579 �F�oe- n.�rax�ss�nN �xn. P-A 9 TAMARAC LAKES NORTH ASSOCIATION._INC. RE OL TION AQQEPTING ASSIGNMENT OF THE RECREATION LEASE AND RESTRICTI NS TO TAMARAC LAKE5 NORTH A IATION INC. WHEREAS, the Board of Directors of TAMARAC LAKES NORTH ASSOCIATION, INC. unanimously accept and approve all the conditions of the Settlement Agreement as approved by Judge Jose Gonzalez in the case of Bennett vs. Behring Corporation; and WHEREAS, the Association's Board of Directors agree that on behalf of the membership, they will accept the transfer of Assignment, and all the responsibilities connected thereto, and they authorize the President and Secretary of this Association to sign and execute the Acceptance of Assignment, once it has been approved b the City of Tamarac. g PP Y Y TAMARAC LAKES NORTH ASSOCIATION, INC. BOARD OF DIRECTORS -ALI r� ,,` secreT�ry 2)1 _ f re asp rer ,�� re ot TO;.