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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-1591 2 3 4 �5 5 7 8 9 10 11 12 13 14 15 16 17 8 20 21 22 23 24 25 26 27 28 29 30 40 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93- 1-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A RELEASE IN SETTLEMENT OF ALL CLAIMS BETWEEN THE CITY OF TAMARAC AND FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) AS RECEIVER FOR GOLDOME SAVINGS BANK AND SUN ISLAND REALTY, INC., ATTACHED HERETO AS "EXHIBIT A", CONTINUING THE SEPTEMBER 14, 1983 DEVELOPER AGREEMENT FOR TAMARAC MARKETPLACE IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is in receipt of Forty -Five Thousand Dollars ($45,000.00) from FDIC as full and final settlement of delinquent monies due the City based on the claims asserted in the October 19, 1992 Proof of Claim; and WHEREAS, upon execution by the appropriate City officials of the Release of All Claims (a copy of which is attached hereto as Exhibit "A") said monies will be released to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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. SEQTIQN 2: That the appropriate City officials are hereby authorized to execute the Release settling all claims between the City of tamarac and FDIC as Receivor for Goldome Savings Bank and Sun Island Realty, Inc., a copy of the Release is attached hereto as "Exhibit A" and made a part hereof. SECTION 3: That the Developer Agreement for Tamarac Marketplace, dated September 14, 1983, shall remain in full force and effect. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 2 3 4 40 y 7 8 9 10 11 12 13 14 15 16 17 8 q 20 21 22 23 24 25 26 27 28 29 30 0. 32 33 34 35 36 SECTION. 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 AND ADOPTED this /O day of A� 1993. ATTEST: dzkzj���' CAROL A. EVANS ; CMC CITY CLERK I HEREBY CERTIFY that I have approved this BE -SOLUTION a"s-ft form,. MITCHEL-#!J9. CITY AT OF (L92-036.3[6586].ms) MAYOR DIST 1: DIST. 2: DIST. 3: DIST. 4: H, ENDER MAYOR RECORD OF COUNCIL HREIBER _. RAMOINIT7_ RELEASE KNOW ALL MEN BY THESE PRESENTS: That we, the CITY OF TAMARAC ("CITY"), a Florida municipal corporation doing business in the State of Florida, first party, for and in consideration of the sum of Ten Dollarg,.,�I 0,�00) or other valuable consideration, received from or on behalf of Federal Deposit Insurance Corporation a.z Receiver for Goldome Savings Bank, and Sun Island Realty, Inc., a Florida corporation, second parties, the receipt whereof is hereby acknowledged. . (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) HEREBY remise, release, acquit, satisfy, and forever discharge the said second party, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and , demands whatsoever, in law or in equity, which said first party ever had, now has, or which any personal representative, successor or assign of said first party, hereafter can, shall or may have against said second party, for, upon or by reason of any matter, . cause or thing whatsoever, from the beginning of the world to this day present, arising out of that certain Proof of Claim filed on or about the 19th day of October, 1992 by the CITY against the FDIC which represented liens against Sun Island Realty Inc., owner of property, and that certain property located at the S.W. corner of Nob Hill Road and McNab Road, Tamarac, Broward County, Florida, more specifically described on Exhibit "A" attached hereto. Inasmuch as this matter has been settled between the CITY and the FDIC for the payment of the sum of $45, 000 .00 from FDIC as full and final payit e�t; of, the delinquent monies due the CITY and the CITY hereby acknowledges receipt of said monies. This Release shall be effective immediately upon its execution as against FDIC, Sun Island Realty, Inc. and the property as described in Exhibit "A" and the $45,000.00 being held in escrow will thereafter be released to the CITY. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. In the presence of these witnesses: Pr' t Witne s Na e : KARr"41 4C S0A)-_ Print Wi Name: -;>eANJvA AA, LiEl4u;A STATE OF FLORIDA CITY OF AMARAC ender, Mayor ATTESTED TO: By: Carol Evans, City Clerk CITY SEAL: COUNTY OF BROWARD, p The foregoing instrument was acknowledged before me this �— day of .4' 7.�e_�_h/ 1993, by H. L. Bender, the Mayor of the City of Tamarac, Florida, and Carol Evans, City Clerk of the City of Tamarac, Florida, who are personally known to mew -ke-a i--&at�Yr- My Commission Expires: NOTARY PUBLIC STATE IF FLORIDA ~ MY COMMISSION EXP. NOV. 6;1994 QONOED THRU GENERAL INS. UND. NOTARY PUBLIC: Sign: Print: TRILIf� �1 RGc R �o State of Florida, At Large 0 0 F_ I L A portion Of Sect ion 7, Township 49 South, Rangu 41 Cast, of FI.010DA FRUIT' LANDS COMPANY SUBDIVIS103 NO. 2, as recorded in Plat Book 1, Pups: 10.,., of the Public Records of Palm Beach County, Florida, being more particularly des- cribed as follows: All of Tract 1, LESS the East 38.00-feet, LESS the North 38.00.feet, I.ESS all that external area lying Northeasterly of an area formed by a 25.00 foot radius which is tangent to a line 53.00 feet South at and parallel with, the North boundary of said Section 7, and tangent to a line 53.00 feet WE:st of, and par4illel with the East boundary of said section 7, TOGETUER WITII the North 149.00 feet of Tract 2, LESS AND EXCEPT the East38.00 feet of said Tract 2, and LESS AND EXCEPT the dedications by the Grantor of a Canal Right - of -Way being 40.00.feet in width and extending across the entire Southerly boundary of the subject property, and LESS AND EXCEPT additional Road Rights -of -Way running along the Northerly and East- erly boundary liner: of the subject property and subject to a canal maintenance easement being 20.00 feet in width and running directly adjacent to and north of the above described Canal Right -of -Way and subject to utility easements all as shown on TIM PHOENIX PLAT, "t:xecuted by the grantor on May 21, 1980, and prepared by Darby and Way, P.A., Professional Land Surveyors, under Job No.80-0150, consisting of ` two sheets. (RECOLDED IN O.R. 9321, PAGE 5710 B.C.R.) Saidlands situate, lying and being in Droward County, Florida. (Also known as Tract "A" of the unrecorded Plat of TI1E PIIOEy1X PLAT). LC?CA-r 10 &1 EXHIBIT "All A portion Of Ser.tion 70 Township 49 South, Raii;u 41 L'.esl, of 1:I.01UDA 1'Ituil' LANDS COMPANY 51111U1viS10A NO. 28 as recorded in Plat Book 1. Ptige 102, of the Public Records of Palm Beach County, rl,arlda. Lein& more particularly des- CriLed as follows: All of Tract 1, LESS the East 3B.00-feet, LESS Lite North 38.00.feet, LESS all that external area lying Ncrtheustarly of an area formed by a 25.00 font radius which I.% tangent to a line 53.00 feet South of and parallel with, the North boundary of said Section 7. and tangent to a line 53.00 feet West of, and parallel with the East boundary of said Section 7, TOGETHER WITH tlee North 149.00 feet of Tract 2, LESS AND EXCEPT the East38.00 feet of stead Tract 2, and LESS AND EXCEPT the dedications by then Grantor of a Canal Right -- of -Way being 40.00.feet in width and extending across the entire Suutharly boundary of the subject property, and LESS AND EXCEPT additional Road Rights -of -Way ruining along the Northerly and -East- erly boundary liner: of the subject property and subject to a canal maintenance easement being 20.00 feet in width and running directly adjacent to and Kurth of the above described Canal Right -of -Way and subject to utility easements all as shown on THE PHOENIX PLAT, axecuted by the Grantor on May Professional 19BO, and prepared by Darby and Way, P.A., Land Surveyors, under Job No.80-0150, consisting of two sheets. (REC01:DED IN Q.R. 9321, PAGE 571, B.C.R.) Saidlands situate, lying and being in Broward County, Florida. (Also knoait as Tract "A" of Lite unrecorded Plat of THE PHOENIX PLAT). 0 LOCA-rION S 1�E7C�N EXHIBIT "A"