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HomeMy WebLinkAboutCity of Tamarac Resolution R-71-016C I'.L 11 OF '1 / A1U-kC , FLORIDAjj R 7t'SOLUTION NO. 1 ID , , Ci to Council has previously, by resolution, expressed to ass-,-gn all of t.ic rights, duties, obligations and servi- _uCios as cor.tainod in the various Declarations of Restrictions and "or rccreat-ional areas, and the City Council is now desirous of assigning all of the ri ;Lts, Jutics, obligations and servitudes as contained in the Declara- lion of restrictions and Leasehold for recreational area irk the Mainlands of Tamarac Lakes, to Mainlands Sections 1 and 2 Civic Association, Inc., , and Mainlands Sections 1 and 2 Civic Association, Inc., has its intent to accept'such an assignment.; T.< :i� :FO?'�;: , �3L 1:T RESOLVED BY THE COUNCIL OF THE City c, _1-1,._uc, Florida; Council does hereby assign unto. Mainlands Sections and 2 Civic Association, Inc., all of its rights, duties, obligations as containeu in the Declaration of Restrictions and �:s�riol< yor recreational area as pertaining to the Mainlands of Tamarac Lakes. ors ; of Assignment of Declaration of Restrictions o--f Lease, conies of which are attached hereto and are hereby approved, and the Mayor and City Clerk and instructed to complete and execute same c:.hc City ant: to take all necessary steps to complete City Clcrk is hereby instructed that upon the assignment: _ aidinsurance premiuizts paid by the City for the i 1i:_.ies shall be turned over, without cost to the for leasehold payments up to the .,_.all remain with the City. ;i..i. orai.c:, r.c;ccivecl by the City subsequent to tho assi(jnmont and collections of maintenance pay- onts shall be hold and collected by the City Mainlands Sections 1 and 2 Civic Association, Irr-And os,-:row fund shall be paid by the City to the afore - pion upon demand. date of this assignment the City of :11 rolicvcd and fully discharged from any and all z.­nd duties under the subject Declaration of ar.0 Leaschold' except to the extent that same were incurred this' of (!atc id- assignment. I.- A. 4_1 z;--Cctivc -late of this assignment shall be thq day of 1911 Pr'ln'D AND APPROWD thi s day of L.J - 2 - 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 , 19 under an Assignment dated the day of , 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 J. 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 he rights, duties and obligations as set forth in said Declaration of estrictions. 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 day of , 19 , and recorded on the day of , 19 , in Official Records Book No. , at Page , of the Public t cords of Broward County, Florida, which Declarations of Restrictions late to the following described lands; t That the Assignment created hereby is acknowledged by the ssignor 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 Assignors 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 said assignment and all of the rights,duties, obligations and servitudes reated 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 - 2 - without recourse to the Assignor. This Assignment shall take effect on the day of , 119 CITY OF TAMARAC, FLORIDA Attest: B _�'Zw Mayor Citv Clerk (SEAL) ACCEPTANCE OF ASSIGNMENT In consideration of the foregoing Assignment and other good and aluable considerations, the receipt and adequacy of which are hereby cknowledged, the 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 be inferior and subordinate to any lien rights created by any mortgage of record existing upon the date of this Assignment or placed of record 1bsequent thereto, which mortgage encumbers any of the real properties 1cluded in the aforesaid Declaration of Restrictions. Signed, sealed and delivered in the presence of: By Director - 3 - a STATE OF FLORIDA ) COUNTY OF BROWARD ) 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 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 19 Notary Public, State of Florida Ky Commission Expires: STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, the undersigned authority, personally appeared 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 7 Commission Expires: Notary Public, State of Florida - 4 - 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 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: E1 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 s 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, uties, 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 19 , and filed of record in the Official Records Book No. 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. This Assignment shall take effect on the day of , t M (SEAL) ITY AMARAC, FLORIDA Y MAYOR s - 2 - ACCEPTANCE OF ASSIGNMENT WHLREAS, the is desirous of accepting the foregoing Assign- ent of Lease, and WIIEREAS, 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, 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 0 Signed, sealed and delivered in the presence of: By Director By Director By Director STATE OF FLORIDA ) UNTY 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 - 3 - affixed thereto the Official seal of said corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal at , Broward Countyo Florida, this day of , 19 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 of ly Commission Expires: , Broward County, Florida, this 19 NOTARY PUBLIC 4 day 0