HomeMy WebLinkAboutCity of Tamarac Resolution R-99-342Temp. Reso. #8861
12/13/99
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- 341e�
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
CONFIRMATION OF ASSIGNMENT OF LEASE TO
THE BOULEVARDS OF TAMARAC CIVIC
ASSOCIATION, INC.; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac was the assignee of certain rights and obligations
pursuant to an Assignment of Lease from Tamarac Lakes, Inc., a Florida corporation,
dated December 9, 1966, and recorded in Official Records Book 3337, Page 174 of the
Public Records of Broward County, Florida on December 12, 1966; and
WHEREAS, the City of Tamarac later assigned any rights, duties, obligations and
servitudes which it may have had under the Lease dated December 1, 1966, and recorded
on December 9, 1966, in Official Records Book 3336, Page 14, of the Public Records of
Broward County, Florida, to The Boulevards of Tamarac Civic Association, Inc.; and
WHEREAS, said Assignment was accepted by The Boulevards of Tamarac Civic
Association, Inc.; and
WHEREAS, the Assignment and Acceptance of Assignment were not recorded in
the public records of Broward County, Florida; and
WHEREAS, The Boulevards of Tamarac Civic Association, Inc., has requested a
written confirmation of Assignment of the Lease for recording in the public records of
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Temp. Reso. #8861
12/13/99
Page 2
Broward County, Florida; 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 a Confirmation of Assignment of Lease to The
Boulevards of Tamarac 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
Confirmation of Assignment of Lease to The Boulevards of Tamarac Civic Association,
Inc., attached hereto as Exhibit A; and
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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.
Temp. Reso. #8861
12/13/99
Page 3
SECTION-5- This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of 1999.
ATTEST:
od '� . '�Z)
CAROL GOLD
CITY CLERK 0
I HEREBY CERTIFY that I
h re aproved this
' � I LI -- `- I- --.
7KER
SC
YOHREI-
RECORD OF COMMISSION
MAYOR
SCHREIBER
DIST 1:
COMM. PORTNER i
DIST 2: ,,,,
V/M MISHKIN
DIST 3:
COMM. SULTANOF `
DIST 4: -,
COMM. ROBERTS i
EXHIBIT A
A& Prepared by and return to:
BURL F. GEORGE, ESQ.
Johnson, Anselmo, Murdoch, Burke & George
790 E. Broward Blvd., Suite 400
Fort Lauderdale, FL 33301
CONFIRMATION OF ASSIGNMENT OF LEASE
WHEREAS, THE CITY OF TAMARAC, FLORIDA, a municipal corporation in the State of
Florida, was the Assignee of Certain rights and obligations pursuant to an Assignment of Lease
from Tamarac Lakes, Inc., a Florida corporation dated December 9, 1966, and recorded in Official
Records Book 3337, Page 174 of the Public Records of Broward County, Florida on December 12,
1966, and
WHEREAS, THE CITY OF TAMARAC, FLORIDA, is desirous of confirming its prior
Assignment of the rights, duties, obligations and servitudes which it may have had under that
certain Lease dated December 1, 1966, and recorded on December 9, 1966, in Official Records
Book 3336, Page 14, of the Public Records of Broward County, Florida, to THE BOULEVARDS
OF TAMARAC CIVIC ASSOCIATION, INC. and that the City deems it in the best interests of the
public and the residents of Tamarac Lakes North Third Section to confirm its prior assignment of
its interests in said Lease, and
WHEREAS, THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC. is desirous
of confirming its prior acceptance of said Assignment and assumption of the rights, duties and
obligations thereto,
NOW, THEREFORE, in consideration of the Confirmation of Assignment and the
acceptance of same and the sum of One and No/100 Dollars ($1.00) and other good and valuable
considerations, THE CITY OF TAMARAC, FLORIDA, hereby confirms its Assignment,
conveyance, sale and transfer unto THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION
INC., all of its rights, duties, obligations and servitudes as it may have had in that certain Lease
dated December 1, 1966 and recorded on December 9, 1966, in Official Records Book 3336, Page
14, of the Public Records of Broward County, Florida, which restrictions relate to the following
described lands:
Parcel R in Block 42, TAMARAC LAKES NORTH THIRD SECTION, according to
the Plat thereof recorded in Plat Book 63, Page 7, of the Public Records of Broward
County, Florida.
THE CITY OF TAMARAC, FLORIDA, deems it in the best interests of the general public
to confirm the prior assignment of the aforementioned Lease and THE BOULEVARDS OF
TAMARAC CIVIC ASSOCIATION, INC., deems it in the best interests of the Corporation and its
individual members to confirm its prior acceptance of said assignment and all of the rights, duties,
0 obligations and servitudes which may exist under said Lease.
THE CITY OF TAMARAC, FLORIDA and THE BOULEVARDS OF TAMARAC CIVIC
ASSOCIATION, INC. further agree and acknowledge that THE CITY OF TAMARAC, FLORIDA
was as of April 1, 1971, fully discharged from any and all obligations, rights and duties created by
said Lease and that said Assignment was and is conveyed and granted without recourse to THE
BOULE".IARILDIS OF T AMARA%1-0 'CIVIC ASSOCIATION, INC.
Executed on i&
f 1999.
Attest: THEMO OF TAMARAC, FLORIDA
City Clerk BY: yor
•
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the undersigned authority, personally appeared --FGL 5- H i%- i B ��- and
Dtr Got -A . , respectively as PWO and
Ctl-v , of THE CITY OF TAMARAC, FLORIDA, to me personally known, this day
acknowledged before me that they executed the foregoing Confirmation of Assignment of Lease
pursuant to the express authorization and that they did so as such municipal officials and that they
have affixed thereto the official seal of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at 2i1•l��
Broward County, Florida, this c;,2 7fday of L�, 1999.
h:VibraryUamarac
Notary Publid, State of Florida
My Commission Expires:
OFFICLAL NcYTA,RY SEAL
NNE A wHrm
NU TARY PUBLIC STATE OF F[.ORIDA
COMMMON NO. CC77S=
MY OOM► MON EXP. SEPT 15
-3-
ACCEPTANCE OF ASSIGNMENT
In consideration of the foregoing Confirmation of Assignment of Lease and other good and
valuable considerations, the receipt and adequacy of which are hereby acknowledged, THE
BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC., a Florida corporation not -for -profit,
hereby acknowledges its prior acceptance of all of the terms and conditions of said Confirmation
of Assignment and further acknowledges that it is and has been, fully aware of the existing terms,
conditions and covenants of said Lease.
Signed, sealed and delivered
in the presence of:
1 stIV Satre � _I
THE BOULEVARDS OF TAMARAC CIVIC
ASSOCIATION INC.
��LCENt% aa-cri L� t'�J�
By: 7 FRANK NEST SIA, President
2611 NW 53 Street
Tamarac, FL 33309
1 "'Witness Print Name
Attest:
21 Witness Signature
2 Witness Print Name O MASEDA, Second Vice President
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the undersigned authority, personally appeared FRANK NESTASIA and
LAZARO MASEDA, respectively to me personally known, and this day acknowledged that they
executed the foregoing Acceptance of Assignment as duly authorized officers of THE
BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at 741144ztG,
Broward County, Florida, this _LZ_eday of 1999. ,
N u ic, Late of Flo Ida
My Commission Expires:
" MICHAEL A. SOLOMON
MY COMMISSION x CC 759003
EXPIRES: July 13, 2002
.y;R� Banded Thru Pidiard Imu— A9enq