HomeMy WebLinkAboutCity of Tamarac Resolution R-71-015CITY OF TAMARAC,6JF/LOR/IDA
RESOLUTION NO.
WHEREAS, the City Council has previously, by resolution, expressed
its intent to assign all of the rights, duties, obligations and servi-
des as contained in the various Declarations of Restrictions and
aseholds for recreational areas, and
WHEREAS, the City Council is now desirous of assigning all of the
rights, duties, obligations and servitudes as contained in the Declara-
tion of Restrictions and Leasehold for recreational area in Tamarac Lakes
North and Tamarac Lakes North, Second Section, to Tamarac Lakes North
Association, Inc.
,. and
WHEREAS,,Tamarac Lakes North Association, Inc. has
expressed its intent to accept such an assignment,
NOW; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
City of Tamarac, Florida:
1. That the City Council does hereby assign unto Tamarac Lakes
North Association, Inc., all of its rights, duties, obligations.
.d servitudes as contained in the Declaration of Restrictions and
f
asehold for recreational area as pertaining to the Tamarac Lakes North
and Tamarac Lakes North, Second Section.
2. That the form of Assignment of Declaration of Restrictions
and Assignment of Lease, copies 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 assignment.
3. 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
ignees.
b. The responsibility for leasehold payments up to the
effective date of assignment shall remain with the City.
c. That all monies received by the City subsequent to the
effective date of the assignment and collections of maintenance pay-
ments and leasehold payments shall be held and collected by the City
fescrow for Tamarac Lakes North Association, Inc., and
arther that said escrow fund shall be paid by the City to the afore-
said not -profit corporation upon demand.
4. After the effective date of this assignment the City of
Tamarac shall be relieved and fully discharged from any and all
further obligations and duties under the subject Declaration of
Restrictions and Leasehold except to the extent that same were incurred
by it prior to the date of this assignment.
5. The effective date of this assignment shall be the
day of , 19
PASSED, ADOPTED AND .APPROVED this J�
1971.
ATTEST
CITY
day of i
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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
ursuant to an Assignment of said restrictions, obligations and servi-
udes from
under an Assignment 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
, 19 , and recorded the day of
19 , in Official Records Book No.
, 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
is desirous of accepting said Assignment and assuming
tehe rights, duties and obligations as set forth in said Declaration of
strictions.
NOW, THEREFORE, in consideration of the Assignment and the accep-
tance 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
all of its
rights, duties, obligations and servitudes as contained in the Declara-
tion of Restrictions dated the
and recorded on the day of
day of
, -19 ,
, 19 , in
Official Records Book No. , at Page , of the Public
fcords of Broward County, Florida, which Declarations of Restrictions
late to the following described lands:
f
That the Assignment created hereby is acknowledged by the
Issignor 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
, as the Assignee, deems it in the
best interests of the Corporation and its -individual members to accept
aid assignment and all of the rights,duties, obligations and servitudes
eated 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 Declara-
tion of Restrictions and that said Assignment is conveyed and granted
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without recourse to the Assignor.
This Assignment shall take effect on the
19
CITY
Attest:
By
Z112-
City Clerk
(SEAL)
day of
TAMARAC, FLORIDA
ACCEPTANCE OF ASSIGNMENT
In consideration of the foregoing Assignment and other good and
t
considerations,
cknowledged, the
the receipt and adequacy of which are hereby
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 Declara-
tion of Restrictions assigned by the foregoing instrument.
The
, as Assignee, further acknowledges and
recognizes that any lien rights created by the aforesaid Declaration
of Restrictions assigned hereby to said Corporation shall at all times
beinferior and subordinate to any lien rights created by any mortgage
of record existing upon the date of this Assignment or placed of record
ubsequent thereto, which mortgage encumbers any of the real properties
ncluded in the aforesaid Declaration of Restrictions.
Signed, sealed and delivered
in the presence of:
By
Director
ri
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By
Director
ByF
Director
STATE OF FLORIDA j
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 City.
IN WITNESS WHEREOF, I hereunto set my hand and official seal at
Broward County, Florida, this day of
81 19
Notary Public, State of Florida
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally appeared
11 and
Directors of the
Po me personally
known, 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
19 .
Notary Public, State of Florida
y Commission Expires:
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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
ertain Lease Agreement entered into on the day of ,
19 , by and between
as Lessors, and
as Lessee, which Lease
was recorded in the Official Records of Broward County, Florida, in
Official Records Book No. at Page , on the
day of , 19 , 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
rights, title and interest in and to said Lease to the
and the aforesaid corporation
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 ,
19 between
as Lessor, and
as Lessee; as well as the rights,
duties, and obligations created by said Lease as aforesaid, to
That this Assignment does not extinguish the lien in favor of the
Lessee created pursuant to that certain Declaration of Restrictions
dated the day of
the Official Records Book No.
i
County, Florida.
, 19 , and filed of record in
at Page , in Broward
This Assignment is made and conveyed without recourse to the
Assignor, the City of TampLrac, 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.
This Assignment shall take effect on the day of
9
CITY OF TAMARAC, FLORIDA
Attest:
By
By MAYOR
CiTY CLERK
(SEAL)
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WHEREAS, the
ACCEPTANCE OF ASSIGNMENT
is desirous of accepting the foregoing Assign-
ent of Lease, and '
WHEREAS, the Corporation recognizes the rights, duties and obli-
gations created by said Lease and has been fully advised of same
and deems it in the best interest of the Corporation and its individual
members to accept said Assignment,
t
NOW, THEREFORE, in consideration of the Assignment of the aforesaid.
Lease and other good and valuable considerations, the -foregoing Assign-
ment 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
Signed, sealed and delivered
in the presence of:
By
Director
By
Director
By
Director
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personall 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
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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 , 19 0
NOTARY PUBLIC
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF BROWARD ) `
BEFORE ME, the undersigned authority, personally.appeared
and , Directors of
to me personally known, 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 , 19
NOTARY PUBLIC
ly Commission Expires:
4