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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 1 1 1 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attached hereto as Exhibit A; and SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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