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Home My WebLink AboutCity of Tamarac Resolution (240)Temp. Reso. #9888 08/29/2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-240 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN ASSIGNMENT OF DECLARATION OF RESTRICTIONS TO MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC.; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID ASSIGNMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolutions R-70-57 and R-71-12, the City of Tamarac affirmatively declared its intent to terminate carrying out the maintenance of the recreational facilities and the collection of recreation facility lease and maintenance payments from the owners of residential lots within the City of Tamarac and to assign all of the rights, duties, obligations and servitudes contained in the various Declarations of Restrictions and recreational leaseholds to the various Associations in each section of the City by April 1, 1971; and WHEREAS, the City of Tamarac may be deemed to have an interest in that certain Declaration of Restrictions, executed by Behring Properties, Inc., a Florida Corporation, as owner of the property described in said Declaration of Restrictions, which was recorded in the Official Records of Broward County, Florida, in Official Records Book 3705, at page 178; and WHEREAS, although the City of Tamarac may have been the assignee of certain Temp. Reso. #9888 08/29/2002 Page 2 rights and obligations pursuant to an Assignment of Declaration of Restrictions from Behring Properties, Inc., or subsequent assignee of Behring Properties, Inc., the Assignment to the City of Tamarac and related Acceptance of Assignment were not recorded in the public records of Broward County, Florida; and WHEREAS, Mainlands Section Four Civic and Recreation Association, Inc., a Florida not -for -profit corporation, and the homeowners association for Mainlands Four homeowners has requested that the City assign all rights and interest it may have under the Declaration of Restrictions dated July 12, 1968, and recorded in Official Records Book 3705, Page 178, of the Public Records of Broward County, Florida, to Mainlands Section Four Civic and Recreation Association, Inc., and the homeowners association for Mainlands Four homeowners, and have agreed to accept said assignment; and WHEREAS, it does not appear that the execution of an Assignment of Declaration of Restrictions to Mainlands Section Four Civic and Recreation Association, Inc., and the homeowners association for Mainlands Four homeowners by the City of Tamarac would adversely affect the City; 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 Declaration of Restrictions to Mainlands Section Four Civic and Recreation Association, Inc., and the homeowners association for Mainlands Four homeowners. 1 1 1 Temp. Reso. #9888 08/29/2002 Page 3 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 Declaration of Restrictions to Mainlands Section Four Civic and Recreation Association, Inc., and the homeowners association for Mainlands Four homeowners, attached hereto as Exhibit A, assigning any interest the City may have in that certain Declaration of Restrictions executed by Behring Properties, Inc., a Florida Corporation, and recorded in the Official Records of Broward County, Florida, in Official Records Book 3705, at page 178; and SECTION 3: The City Clerk is hereby authorized and directed to record the Assignment of Lease in the Public Records of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 Temp. Reso. #9888 08/29/2002 Page 4 passage and adoption. PASSED, ADOPTED AND APPROVED this 11 th day of September, 2002. MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCH LL 8. KR T CITY ATTORNEY )_¢E SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE E C ASSIGNMENT OF DECLARATION OF RESTRICTIONS WHEREAS, the CITY OF TAMARAC, a municipal corporation of the State of Florida, may be deemed to have an interest in that certain Declaration of Restrictions executed by BEHRING PROPERTIES, INC., a Florida Corporation, as owner of the property described in said Declaration of Restrictions, which was recorded in the Official Records of Broward County, Florida, in Official Records Book 3705, at page 178; and WHEREAS, the CITY OF TAMARAC is desirous of assigning all of its right, title and interest in and to said Declaration of Restrictions to MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC., a Florida not for profit corporation and the homeowners association for Mainlands Four homeowners and MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC. is desirous of accepting said interest and all of the rights, duties and obligations created thereby. 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 rights, interest, title, privileges, duties and responsibilities of whatever nature received by the City of Tamarac in and to that certain Declaration of Restrictions executed by BEHRING PROPERTIES, INC., a Florida Corporation, and recorded in the Official Records of Broward County, Florida, in Official Records Book 3705, at page 178, to MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC. This Assignment is made and conveyed without recourse to the Assignee, MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC., and THE CITY OF TAMARAC shall hereafter be fully released from any and all obligations and liabilities with respect to the covenants of the aforesaid Declaration of Restrictions as of April 1, 1971. MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC., agrees to indemnify and hold harmless THE CITY OF TAMARAC for any claims arising out of this assignment brought by MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC., or any third party claiming an interest. THIS ASSIGNMENT shall take effect on the /Y day of 4tg-- , 2002. Attest: ��-r;^ City Clerk (SEAL) 1 CITY OF TAMARAC, FLORIDA By:I �VI or ACCEPTANCE OF ASSIGNMENT WHEREAS, MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC. (ASSOCIATION) is desirous of accepting the foregoing Assignment of Declaration of Restrictions, and WHEREAS, ASSOCIATION recognizes the rights, duties and obligations created by said Declaration of Restrictions and has 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 Declaration of Restrictions and other good and valuable considerations, the foregoing Assignment of Declaration of Restrictions by the CITY OF TAMARAC, FLORIDA, is hereby accepted and all of the terms, conditions and obligations thereof are hereby approved and accepted by ASSOCIATION. MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC. By: President Attest: L Z Secretary STATE OF FLORIDA ) COUNTY OF BROWARD The foregoing instrument was acknowledged before me this _// day of 200&�, by a e- S,Ar-q-4-ett, and fWAPk o►,) 3u►e,,s6IJ as Mayor and City Clerk of the City of Tamarac, Florida. They are personally known to metes 4den4ftea4w and did take an oath. OFFICIAL MOJ'p.,Ky�sj�� iUNF A wHrrE. £,0 W ?1XIi rc r` rN car � t. -' rn NOTARY PUBLIC, - sign . C. print 'u �s f1- �_Ik State of Florida at Large My Commission Expires: 2 STATE OF FLORIDA COUNTY OF BROWARD The fgregoin instrumenl was acknowledgedfore me this day ofr 20Q by as President and S cretary of the MAINLANDS SEG, ON FO)j'o CIVIC AND TION ASSOCIATION, INC., on behalf of the corporation. They are personally known to me or have produced as identification and did take an oatF 14 SHERRY L. TAYLOR »= MY COMMISSION # CC 944467 r . •s EXPIRE& June 12, 2004 Gundad Thru NatxV Puulic Undemntam NOTARY PUBLIC: r sign �) %�.C;'.✓�. print Z.�f'.�, State of Florida at Large My Commission Expires: 3 3