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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-050I 1 1 2 3 1 9 30 11 32 13 14 35 16 17 18 19 2 21 22 23 24 25 26 27 28 29 30 32 Temp. Reso. #6466 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 14-93-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ASSIGNMENT OF RECREATION LEASE AND RESTRICTIONS TO TAMARAC LAKES SOUTH 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 obligations, rights and servitudes under an Assignment dated July 21, 1966 under a Recreation Lease and certain restrictions in Tamarac Lakes South in Tamarac, Broward County, Florida; and WHEREAS, Tamarac Lakes South Civic Association, Inc. is a Florida corporation not -for - profit and the homeowners association for Tamarac Lakes South, a subdivision according to the plat thereof recorded in Plat Book 62, Page 24, of the Public Records of Broward County, Florida; and WHEREAS, by Resolution 71-12 and Resolution 77-187, the City of Tamarac affirmatively declared its intent to terminate carrying out the maintenance of the recreation facilities and the collection of recreation facility lease and maintenance 'payments from the owners of residential lots in Tamarac Lakes South and to assign those rights and duties to the non-profit corporation (association) in Tamarac Lakes South; and WHEREAS, Tamarac Lakes South Civic Association, Inc. was declared by the final order (3/12/83) in , U.S. District Court for the Southern District of Florida, Case No. 2-886-CIV-JAG, to be the official homeowners association responsible for the maintenance of the recreation property in Tamarac Lakes South and the collection of future monies owing by the owners of residential lots for recreation rent and recreation maintenance pursuant to the recreation lease recorded in Official Records Book 3264, Page 507 of the Public Records of Broward County, Florida and paragraphs 6 and 7 of the Use and Building Restrictions recorded in Official Records Book 3264, Page 499 of the Public Records of Broward County; and WHEREAS, by amdndment to its Articles of Incorporation, effective March 12, 1987, . Tamarac Lakes South Civic Association, Inc. properly and duly agreed to be bound by the terms and conditions of the above -referenced settlement agreement and final order in 13enn2t vs.. Bghring Corporation, to implement a collection program for the Recreation Parcels R, P and G, and to ultimately receive title to said Recreation Parcels as envisioned by the final court order; and 2 2 Temp. Reso. #9465 3 4 S WHEREAS, Tamarac Lakes South Civic Association is desirous of carrying out the intent i of the City of Tamarac, the Federal Court order and the vote of the Association members; and WHEREAS, the City of Tamarac has never formally assigned its rights and duties under paragraphs 6 and 7 of the Restrictions and under the Lease and the Association has agreed to accept such an assignment; and 10 WHEREAS, after investigation it does not appear that the City would be adversely affected 13 by making the requested assignment; and 12 WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best 19 interests of the citizens and residents of the City of Tamarac to authorize the assignment of 14 recreation lease and restrictions to Tamarac Lakes South civic Association, Inc. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, 17 FLORIDA: �B 19 . SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 2� being true and .correct and are hereby made a specific part of this resolution. 21 SECTION 2: That the City Council hereby assigns to Tamarac Lakes South Civic 22 23 Association, Inc., any rights, duties, obligations or servitudes which it may have under that 24 certain recreation lease recorded in Official Records Book 3264, Page 507, of the Public 25 Records of Broward County, Florida, and under paragraphs 6 and 7 of those restrictions 26 recorded in Official Records Book 3264, page 499 of the Public Records of Broward County, 27 Florida. 28 9ECTION s: That the appropriate officials of the City of Tamarac are hereby 29 authorized to execute the Assignments on behalf of the City. 30 SECTION-4. All resolutions or parts of resolutions in conflict herewith are hereb 31 repealed to the extent of such conflict. 32, SECTION 5: If any clause, section, other part or application of this Resolution is hel 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. � r 4 3 Temp. Reso. *E19 SECTION g, This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this i a day of 1993. .L. BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have a ove thlq RESOLUTION a to rm. C MITCHELL S. KRAFT CITY ATTORNEY (TamLakesSouth.ms) MAYOR DIS i' 1 . DIST. 2: D!ST. 3: DIST. 4: RECORD OF COUNCIL 1 �- r3-s©' ASSIGNMENT OF LEASE AND RESTRICTIONS WHEREAS, the CITY OF TAMARAC, a municipal corporation of the State of Florida, is the Lessee by Assignment of Lease dated the 21st day of July, 1966, of the certain Lease Agreement, by and between K.E. BEHRING, joined by his wife, PATRICIA R. BEHRING, as Lessors, and TAMARAC LAKES, INC.; a Florida corporation, as Lessee, which Lease was recorded in the Official Records of Broward County, Florida, in Official Records Book 3264, at Page 507; and WHEREAS, said Lease devised and leased unto the Lessee therein the following described property: Parcel G in Block 15, Parcel R in Block 17, and Parcel P, TAMARAC LAKES SOUTH, according to the plat thereof recorded in Plat Book 62, Page 24, 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 TAMARAC LAKES SOUTH CIVIC ASSOCIATION, INC. ("ASSOCIATION") and the aforesaid ASSOCIATION is desirous of accepting said Lessee's interest and all of the rights, duties and obligations created thereby; and WHEREAS, the CITY OF TAMARAC carried out certain collections of recreation rent and maintenance monies from the owners of residential lots in Tamarac Lakes South pursuant to paragraphs 6 and 7 of those Restrictions recorded in Official Records Book 3264, Page 499 et seq., Broward County, Florida, and the City terminated such collections pursuant to City Resolution 71-12 and 77-187. 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 that certain Lease entered into between K.E. BEHRING, joined by his wife, PATRICIA R. BEHRING, as Lessor, and TAMARAC LAKES, INC., a Florida corporation, as Lessee, as well as the rights, duties and obligations created by said Lease as aforesaid to ASSOCIATION. That this Assignment does not extinguish the lien created pursuant to paragraphs 6 and 7 of those certain restrictions filed of record in the Official Records Book 3264, Page 499, in Broward County, Florida. This Assignment is made and conveyed without recourse to the Assignor, the CITY OF TAMARAC, FLORIDA, and said CITY shall hereafter be fully released from any and all obligations and �J 1 0 liabilities with respect to the covenants of the aforesaid Lease. HIS ASSIGNMENT shall take effect on the day of 1993. Attest CityyW Clerk Caro-1 A. Evans CITY Ole TAMARAC APPROVED AT MEETING OF 5- 13-9 3 -2- CITY OF TAMARAC, FLORIDA By: yor H. L. Bender ( SEAL) Mitchell S. Kraft, City Attorney ACCEPTANCE OF ASSIGNMENT WHEREAS, TAMARAC LAKES SOUTH CIVIC ASSOCIATION, INC. is desirous of accepting the foregoing Assignment of Lease and any rights or obligations under paragraphs 5 and 7 of the aforesaid Restrictions; and WHEREAS, the ASSOCIATION recognizes the rights, duties and obligations created by said Lease and Restrictions and has been 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 the ASSOCIATION. TAMARAC LAKES SOUTH CIVIC ASSOCIATION, INC. By Attes STATE OF FLORIDA COUNTY OF BROWARD /C- Secretary BEFORE ME the undersigned authority, this ay personally appeared H.L. and J o respectively, as Mayor and City hlaf of the City of Tamarac, Florida, to me personally known before that they executed the foregoing Assignment of Lease as such officials and that they have affixed thereto the official seal of said City. IN WITNESS WHEREOF, I hereunto set my hand and official seal at Tamarac, Broward County, Florida, this day of 1993. L- Notary Public My Commission Expires: r: TfAF, FUIL1 . S;A� L uF NLOFs1 ): , i., I CU.:,,vi1SsGfN LNPES: JUiv;; 6, ^;iW�;s„ -3- BUN17E0 7'WRu NOTARY PuEWC Ufdp EF. W'R 1'(C:: u, 0 Ci3_,O STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, the undersigned authorit this day personally appeared e and a ,t�c�c,LR as President and Secretary, respectively, of TAMARAC LAKES SOUTH CIVIC ASSOCIATION, INC., to me personally known, this day acknowledged before me that they executed the foregoing Acceptance of Assignment as such officers. IN WITNESS WHEREOF, 1 hereuntc set my hand and official seal at Tamarac, Broward County, Florida, this 13„( _. day of _ �.._. 1993. Ll My Commissioner Expires: . L : �t �i�cG 'i I�r(V it r7'.a:e)' rJdLIC '�^i C: [: {_p; ql•: �, .:ly_ a:\lakes.asg r] -4- e-`,3-:�-0 TAMAR4C LAKES SOUTH CIVIC ASSOCIATION 2800 W. Commercial Blvd. Tamarac, Florida 33309 April 20, 1993 RESOLUTION ACCEPTING ASSIGNMENT OF THE RECREATION LEASE AND RESTRICTIONS TO TAMARAC LAKES SOUTH CIVIC ASSOCIATION, INC. Whereas The Board of Directors and the membership of Tamarac Lakes South Civic Assn., Inc. unanimously accepted and approved all the conditions of the Settlement Agreement as approved by Judge Jose Gonzalez in the case of Bennet Vs. Behring Corp. and, whereas The Association"s Board of Directors agree that on behalf of the membership, they will accept the Transfer of Assignment, and all the responsibilities connected to the Settlement Agreement, and we will authorize the President of Civic, and the Secretary of Civic to sign and execute the acceptance of Assignment, once it has been approved by the City of Tamarac.