HomeMy WebLinkAboutCity of Tamarac Resolution R-70-057CITY OF TAMARAC, FLORIDA
RESOLUTION #�_
WHEREAS, the City Council deems it in the best interests
of the general public to assign all of the rights, duties,
obligations and servitudes as contained in the various Declarations
of Restrictions and leaseholds for recreational areas, and
WHEREAS, the City Council, after due consideration, deems
it necessary to make said assignment to the various Associations
and/or Non -Profit Corporations representing each section created
by Declarations of Restrictions, and
WHEREAS, the City Council is desirous of expressing
its intent to so assign the aforesaid in each section, and
WHEREAS, the Council is desirous of commencing said
assignments throughout the City with the Woodlands Sections.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of the
City of Tamarac, Florida:
1. That the City Council does hereby declare it to
be in the best interests of the general public 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 as soon
as practicable.
2. That the commencement of said assignments is
hereby approved for the assignment in the Woodlands Sections,
said assignments to be made to the various Associations and/or
Non -Profit Corporations authorized by the Declarations of
Restrictions encompassing each section.
3. That the form of assignment of Declaration of
Restrictions and assignment of Lease, a copy of which are attached
hereto and made a part hereof are hereby approved and the Mayor
and City Clerk are hereby authorized and instructed to complete
and execute same on behalf of the City and to take all necessary
steps to complete the said assignments.
4. The City Clerk is hereby instructed that upon
the assignment:
A. All prepaid insurance premiums paid by the City
for the recreational facilities shall be turned over, without
cost, to the assignees.
B. The responsibility for leasehold payments up to
the effective date of assignment shall remain with the City
and shall be paid by the City to the lessor.
C. That all monies received by the City subsequent
to the effective date of the assignment in collections of
maintenance payments shall be held and collected by the City
in escrow for the various Associations and/or Non -Profit
Corporations and that said escrowed funds shall be paid by the
City to the aforesaid Associations and/or Non -Profit Corporations
upon demand.
D. That any funds recovered or received by the City
for maintenance payments, or return of same, prior to the
effective date of the assignment are hereby declared to be
received for the benefit of the individual members of the Assoc-
iations and/or Non -Profit Corporations.
5. This Resolution shall take effect as of the 1st
day of November, 1970.
PASSED, ADOPTED AND APPROVED this day of
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ASSIGNMENT OF LEASE
WHEREAS, the City of Tamarac, a municipal corporation
of the State of Florida, is the Lessee by acceptance of an
Assignment of Lease dated the day of
19 of that certain Lease Agreement entered into on the
day of , 196_ by and between
as Lessors, and
as Lessee,
which Lease was recorded in the Official Records of Broward
County, Florida, in O.R. Book # , at Page, on the
day of , 196, and
WHEREAS, said Lease devised and leased unto the
Lessee therein the following described property:
and,
WHEREAS, the City of Tamarac is desirous of assigning
all of its right, title and interest in and to said Lease
to the Association
and the aforesaid Association 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 that certain Lease entered into on the day of
, 196, between
as Lessor, and
as Lessee; as well
as the rights, duties, and obligations created by said Lease
as aforesaid, to the
Association, which association was created by the Declaration
of Restrictions as recorded in Official Record Book # ,
Page , of the public Records of Broward County, Florida.
That this Assignment does not extinguish the lien
in favor of the Lessee created pursuant to that certain Declara-
tion of Restrictions dated the day of
19 , and filed of record in the Official Record Book #
at page , 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 liabilities with respect to the covenants of the aforesaid
Lease.
of
Attest:
This Assignment shall take effect on the
, 19
By:
City Clerk
(SEAL)
CITY OF TAMARAC, FLORIDA
By:
Mayor
day
-2-
6
a
ACCEPTANCE OF ASSIGNMENT
WHEREAS, the
Association is desirous of accepting the foregoing Assignment
of Lease, and
WHEREAS, the Association recognized the rights,
duties and obligations created by said Lease 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.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA )
COUNTY OF BROWARD )
ASSOCIATION
By:
Director
By:
Director
By:
Director
BEFORE ME, the undersigned authority, personally
appeared and
respectively as Mayor and City Clerk of the City Of Tamarac,
Florida, to me personally known, this day acknowledged before
me that they executed the foregoing Assignment of Lease as
such officers and that they have affixed thereto the official
seal of said corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal at , Broward County, Florida, this
day of 1970.
Notary Public, State of Florida
My Commission expires
-3-
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally
appeared ,
and Directors of the
Association, to me personally known, t is day
acknowledged before me that they executed the foregoing Acceptance
of Assignment as such Directors.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal at Broward County, Florida, this day
of , 1970.
My Commission expires:
Notary Public, State of Florida
- 4 --
ASSIGNMENT OF DECLARATION OF RESTRICTIONS
WHEREAS, the City of Tamarac, a municipal corporation
of the State of Florida, was the Assignee of certain obligations
and servitudes pursuant to an Assignment of said restrictions,
obligations and servitudes from the Association under an Assign-
ment dated the day of , 19—, and
WHEREAS, the City of Tamarac, Florida, is desirous
of assigning all of the rights, duties, obligations and servitudes
as contained in that certain Declaration of Restrictions dated
the day of
day of
11 19 and recorded the
, 19 in Official Records Book # ,
at Page , Broward County, Florida, and that said City
deems it in the best interests of the public to assign said
Restrictions, and
WHEREAS, the
Association is desirous of accepting said Assignment and resuming
its rights, duties and obligations as set forth in said Declaration
of Restrictions and deems it in the best interests of all
of its individual members to accept same,
NOW, THEREFORE, in consideration of the Assignment
and the acceptance of same and the sum of One Dollar ($1.00)
and other good and valuable considerations, the City of Tamarac,
Florida, hereby assigns, conveys, sells and transfers unto
the Association, all of
its rights, duties, obligations and servitudes as contained
in the Declaration of Restrictions dated the day of
19—, and recorded on the day of
11
19—, in O. R. Book , Page , of the Public Records
of Broward County, Florida, which Declaration of Restrictions
relate to the following described lands:
r
That the Assignment created hereby is acknowledged
by the Assignor and the Assignee to include, but not be limited
to the right to collect monies for the reasonable costs of
maintaining the various properties as set forth in the aforesaid
Declaration of Restrictions, the right to perform said maintenance
functions, and the lien rights as set forth in the aforesaid
Declaration of Restrictions.
The City of Tamarac, Florida, as the Assignor, deems
it in the best interests of the general public to assign the
aforesaid servitudes and restrictions and the
Association, as the Assignee, deems
it in the best interests of the Association and its individual
members to accept said assignment and all of the rights, duties,
obligations and servitudes created thereby.
The Assignor and the Assignee further agree and
acknowledge that the City of Tamarac, as Assignor, shall hereafter
be fully discharged from any and all obligations, rights and
duties created by said Declaration of Restrictions and that
said Assignment is conveyed and granted without recourse to
-2-
the Assignor.
This Assignment shall take effect on the
, 19
Attest:
By:
City Clerk
(SEAL)
CITY OF TAMARAC, FLORIDA
LIM
Mayor
ACCEPTANCE OF ASSIGNMENT
day of
In consideration of the aforegoing Assignment and
other good and valuable considerations, the receipt and adequacy
of which are hereby acknowledged, the
Association hereby accepts all of
the terms and conditions of said Assignment and further acknowledges
that it is fully aware of the terms, conditions and covenants
of the original Declaration of Restrictions assigned by the
foregoing isntrument.
The
Association, as Assignee, further acknowledges
and recognizes that any lien rights created by the aforesaid
Declaration of Restrictions and assigned hereby to said Association
shall at all times be .inferior and subordinate to any lien
rights created by any mortgage o� record existing upon the
date of this Assignment of placed of record subsequent thereto,
which mortgage encumbers any of the real properties included
in the aforesaid Declaration of Restrictions.
Signed, sealed and delivered
in the presence of: ASSOCIATION
By:
Director
LIM
Director
By:
Director
=0
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally
appeared and
respectively as Mayor and City Clerk of the City of Tamarac,
Florida, to me personally known, this day acknowledged before
me that they executed the foregoing Assignment of Declaration
of Restrictions as such officers and that they have affixed
thereto the official seal of said corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal at Broward County, Florida, this
day of 1970.
Notary Public, State of Florida
My Commission expires:
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally
appeared
and Directors of the
Association, to me personally know, this
day acknowledged before me that they executed the foregoing
Acceptance of Assignment as such Directors.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal at , Broward County, Florida, this day
of , 1970.
My Commission expires:
Notary Public, State of Florida
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