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Home My WebLink AboutCity of Tamarac Resolution (85)Temp. Reso. #9734 3/ 14/02 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN ASSIGNMENT OF LEASE TO MAINLANDS SECTION 1 & 2 CIVIC ASSOCIATION, INC.; AUTHORIZING THE CITY CLERK TO RECORD THE ASSIGNMENT OF LEASE IN THE OFFICIAL RECORDS BOOK OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, twenty years ago, Mainlands Section 1 & 2 Civic Association, Inc. assumed all responsibilities as tenant appurtenant to a lease agreement between the City of Tamarac and Behring Properties, said lease having been recorded in Broward County Official Records Book 3445, at Page 620 through 629, inclusive on June 20, 1967; and WHEREAS, an Assignment of Lease to Mainlands Section 1 & 2 Civic Association, Inc. by the City of Tamarac was never executed and recorded; and WHEREAS, the City of Tamarac derives no benefit as tenant under the lease and execution of an Assignment of Lease to Mainlands Section 1 & 2 Civic Association, Inc. would not adversely affect the City; and WHEREAS, in the recent case of Naior v. City of Tamarac (for which all claims against the City have now been dismissed), the City faced exposure to liability under the current lease agreement and, assignment of the Lease would negate the possibility of similar future claims against the City of Tamarac. Temp. Reso. #9734 3/14/02 Page 2 WHEREAS, Mainlands Section 1 & 2 Civic Association, Inc. has agreed to accept said assignment and has executed an Acceptance of Assignment of Lease, attached hereto as Exhibit B; 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 authorize the appropriate City officials to execute an Assignment of Lease to Mainlands Section 1 & 2 Civic Association, Inc. 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 is hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are authorized to execute the Assignment of Lease to Mainlands Section 1 & 2 Civic Association, Inc., attached hereto as Exhibit A; and SECTION 3: The City Clerk is authorized to record the Assignment of Lease in the Official Records Book of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 1 Temp. Reso. #9734 3/14/02 Page 3 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 26th day of May h, 2002. s, , JOE SCHREIBER O MAYOR ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RF.FiOLATION as to form. ITCHELVS.4CR/ CITY ATTORNE RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A Pi DIST 1: V/M. PORTNER Aye, DIST 2: COMM. MISHKIN Ayei DIST 3: COMM. SULTANOF_Ayel DIST 4: COMM. ROBERTS Al yel � 0 is � 0 Brovard County County Records Division P.O. Box 14668 Fort Lauderdale, FL 3330 County Administrator DATE:04/05/2002 TINE:11:33-.00 AM RECEIPT:541449 CITY OF TAMARAC-CITY CLER CODE - 255 ITEM -01 ASLEA 11:29t43 A FILE.-1018162% BK/PB22988/1663 TWARAC CITY W41MMS SECTIONS 1 92 CIVIC AM INC RECORDING FEE 28.50 DEED DOC TAX 0.70 Sub. Total 29.20 ------------------------ AMOUNT DUE: $29.20 PAID CASH: *.70 CHARGE AMOUNT-. $28.50 REF #: I Agree To Pay The Charge Abo Signature REC BY:2000 DEPUTY CLERK Broward County Commission ASSIGNMENT OF LEASE IN EXCHANGE FOR THE PAYMENT One Dollar ($1.00) and other valuable and sufficient consideration, the receipt and adequacy of which is hereby acknowledged, THE CITY OF TAMARAC, a municipal corporation of Florida, hereby sells, assigns, and transfers all its right, title, and interest in and to that certain lease ("Lease") made and entered into the 16" day of June, A.D.1967 by and between TAMARAC MAINLANDS, INC., a Florida corporation, Lessor, and BEHRING PROPERTIES, INC., a Florida corporation, Lessee, by which Lease the said Lessee therein did lease from the said Lessor therein the following described premises, situate, lying, and being in the City of Tamarac, County of Broward, Florida, described as follows, to -wit: Parcel R of THE MAINLANDS OF TAMARAC LAKES, According to the Plat thereof, recorded in Plat Book 64, Pagel of the Public Records of Broward County, Florida. together with the appurtenances thereunto belonging for the unexpired term of said Lease, said Lease having been recorded in Broward County Official Records Book 3445, at Page 620 through 629, inclusive, on the 20t' day of June, 1967, to MAINLANDS SECTIONS 1 & 2 CIVIC ASSOCIATION, INC. Provided, however, nothing in this Assignment of Lease in favor or MAINLANDS SECTIONS 1 & 2 CIVIC ASSOCIATION, INC., shall operate to extinguish the lien in favor of BEHRING PROPERTIES, INC., created pursuant to Paragraph (7) ofthat certain Declaration ofRestrictions dated June 16,1967, and filed June 19,1967, in Broward County, Florida, Official Record Book 3445, Page 67 or the payment of the ground rent under the aforesaid Lease. This Assignment of Lease is effective and binding retroactively as of THE A Fl( B� Vice Mayor of the City of Tamarac Attest: As City ager of the City of Tamarac Date: t��0;) - ACCEPTANCE OF ASSIGNMENT OF LEASE IN CONSIDERATION of the foregoing Assignment of Lease and other valuable and sufficient consideration, the receipt and adequacy ofwhich is hereby acknowledged, S SECTIONS 1 & 2 CIVIC ASSOCIATION, INC., a Florida corporation, hereby confirms its acceptance of the Assignment of Lease retroactively as of May 16, 1980. As of May 16, 1980, MAINLANDS SECTIONS 1 & 2 CIVIC ASSOCIATION, INC., a Florida Corporation, expressly accepts and agrees to be bound by all of the terms and covenants in the Lease to be performed by the Lessee, to make all the payments required of the Lessee under the Lease, and to perform all of the obligations ofthe Lessee under the Lease. MAINLANDS SECTIONS 1 & 2 CIVIC ASSOCIATION, INC. V. STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day personally appeared before me the President of MAINLANDS SECTIONS 1 & 2 CIVIC ASSOCIATION, INC., to me known to be the person who signed the foregoing instrument as such official and caused the corporate seal of said corporation to be affixed thereto, pursuant to the authority given by said corporation. WITNESS my signature =official ealat Fort Lauderdale, said county and state noted above this �day of, 200. �oQo�YpU�''•,,, Bonnie Colburn Notary Public `,C'j.✓.�� ?_` R _Commie�on # DD 021494 3 4! E3q*w MaY g, 2003 Bofldod Avanuc Th. Assignment of Lease and Acceptance of Assignment of Lease between ng Co" ity of Tamarac and Mainlands Sections 1 & 2 Civic Association, Inc. Page 3 of 3