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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 t (TV-/Y� tit, , 19 7 0. h MAYPV, G�i p ATTES'' W 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 1EIC