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Home My WebLink AboutCity of Tamarac Resolution (241)Temp. Reso. #9889 08/29/2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-241 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 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 a lessee's interest in that certain Lease Agreement, by and between Tamarac Mainlands, Inc., a Florida corporation, as Lessors, and Behring Properties, Inc., a Florida Corporation, as Lessee, which Lease was recorded in the Official Records of Broward County, Florida, in Official Records Book 3722, at page 578; and WHEREAS, said Lease would have devised and leased unto the City of Tamarac the Temp. Reso. #9889 08/29/2002 Page 2 property described as follows: Parcel R of THE MAINLANDS OF TAMARAC LAKES, SECTION 4A, according to the plat thereof recorded in Plat Book 66, Page 11, of the Public Records of Broward County, Florida; WHEREAS, although the City of Tamarac may have been the assignee of certain rights and obligations pursuant to an Assignment of Lease 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 Lease Agreement dated July 31, 1968, and recorded in Official Records Book 3722, Page 578, 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 Lease 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 Lease to Mainlands Section Four Civic and Recreation Association, Inc., and the homeowners association for Mainlands Temp. Reso. #9889 08/29/2002 Page 3 Four homeowners. 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 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 Lease Agreement, by and between Tamarac Mainlands, Inc., a Florida corporation, as Lessors, and Behring Properties, Inc., a Florida Corporation, as Lessee, which Lease was recorded in the Official Records of Broward County, Florida, in Official Records Book 3722, at page 578; and SECTION 3: The City Clerk is hereby authorized and directed to record the Assignment of Lease in the Public Records of Broward County. SECTIONA: 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 passage and adoption. Temp. Reso. #9889 08/29/2002 Page 4 PASSED, ADOPTED AND APPROVED this 11th day of September, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL VKF CITY ATTORN JQ)t SCHREIBER AYO R 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 1 J ASSIGNMENT OF LEASE WHEREAS, the CITY OF TAMARAC, a municipal corporation of the State of Florida, may be deemed to have a lessee's interest in that certain Lease Agreement, by and between TAMARAC MAINLANDS, INC., a Florida corporation, as Lessors, and BEHRING PROPERTIES, INC., a Florida Corporation, as Lessee, which Lease was recorded in the Official Records of Broward County, Florida, in Official Records Book 3722, at page 578; and WHEREAS, said Lease devised and leased unto the Lessee therein the property described as follows: Parcel R of THE MAINLANDS OF TAMARAC LAKES, SECTION 4A, according to the plat thereof recorded in Plat Book 66, Page 11, 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 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 Lessee's 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 of its right, title and interest of whatever nature in and to hat certain Lease entered into between TAMARAC MAINLANDS, INC., as Lessor, and BEHRING PROPERTIES, INC., a Florida Corporation, as Lessee; as well as the rights, duties and obligations created by said Lease as aforesaid to MAINLANDS SECTION FOUR CIVIC ANDRECREATION ASSOCIATION, INC. That this Assignment does not extinguish the lien in favor of the Lessee created pursuant to that certain Declaration of Restrictions filed of record in the Official Records Book 3705, at Page 178, in Broward County, Florida, as amended. This Assignment is made and conveyed without recourse to the Assignee, the 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 Lease 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 MANLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC., or any third party claiming an interest. THIS ASSIGNMENT shall take effect on the , /f._ day of 2002. Attest City Clerk (SEAL) 1 CITYQF TAMARAC, FLORIDA Mayor —. 01 ACCEPTANCE OF ASSIGNMENT WHEREAS, MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC. (ASSOCIATION) is desirous of accepting the foregoing Assignment of Lease, and WHEREAS, ASSOCIATION recognizes the rights, duties and obligations created by said Lease 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 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 ASSOCIATION. MAINLANDS SECTION FOUR CIVIC AND RECREATION ASSOCIATION, INC. President Attest: Secretary STATE OF FLORIDA COUNTY OF BROWARD The foregoing irtstrument was acknowledged before me this '/ day of 2004 by.lae kre r "j - and MAPitW SweAs6AJ , as Mayor and City Clerk of the City of Tamarac, Florida. They are personally known to me es-- nd did take an oath. :r_Al. j Up.N / 1111. Tyl., �'1•� i/ [> JArI Ir � t..5•I � !�1 F, l; YiEIDA NOTARY PUBLIC: n .�//' signer print ^lct�"'C- G �� I ON State of Florida at Large My Commission Expires: 2 STATE OF FLORIDA ) COUNTY OF BROWARD The foregoing i strume was acknowledged befmine this�day of f^ �y�P r'- ` ' as President and Secretary of the 200:t,. by <� _ and MAINLANDS SECTI N FO CIVIC AND RECRVATION ASSOCIATION, INC., on behalf of the corporation. They are p sonally known to me or have produced as identification and did take an oath. -- ` SHERRY L. TAY[ R MY COMMISSION # CC 944467 EXPIRES: June 12, 2004 LY�'s? Pi kC1�` Evaded Thru Notary NNW Underwnters NOTARY PUBLIC: signer ze X/ . print 611Z:1 11 y 2-. % 1V / - State of Florida at Large My Commission Expires: