HomeMy WebLinkAboutCity of Tamarac Resolution R-71-024CITY OF TX11ARAC, FLORIDA
RESOLU'.ION NO. �
111-1.RLAS, the City Council has previously, by resolution, expressed
its intent to assign all of the rights, duties, obligations and servi-
tudes as contained in the various Declarations of Restricti6fis and
Leaseholds for recreational areas, and
.11iEREAS, 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 ir4
Tamarac Lakes South to Tamarac'Lakes South, Inc.
and
.'J'r1-1 EAS , Tamarac Lakes South, Inc.
expressed; its intent to accept'such an assignment.,/
NOW, THEREFORE, RE 1T RESOLVED BY THE COUNCIL OF THE
City of TGaaarac, Florida:
has -
1. That the City Council does hereby assign unto. Tamarac
Lakes South, Inc. all of its rights, duties, obligations
and sc:rvitulles as contained in the Declaration of Restrictions and
Leasehold for recreational area as pertaining to the Tamarac
'Lakes South, the same being previously accepted by Resolutions #66-7 and
66-8.
2. That the fora of Assignment of Declaration of Restrictions
and Assi:ment of Lease, conies of which are attached hereto and
:ace a part hereof, are: hereby approved, and the Mayor and City Clerk
are hereby aut:zorized and instructed to complete and execute same
on behalf of the City and to take all necessary steps to complete
tiiC3 Suiu a:�Sigi7;aCrit.
3. '1'hc� City Clerk is hereby instructed that upon the assignments
;. l:11 prepaid insurance premiwns paid by the City for the
_�c�eatio:.ai faciliuics shall be turned over, without cost to the
b. -.L(- r--ponsibili ty for leasehold payments up to the
of ectivcu czatc of assignment :hall remain with the City.
C. Tit a:11 . ionies received by the City subsequent to the
c=:ffcctive date of the assignment and collections of maintenance pay-
ments and lcaschold payments shall be held and collected by the City
in escrow for Tamarac Lakes South, Inc. and
further that said escrow fund shall be Paid by the City to the afore-
said non-profit corporation upon demand.
4. After the effective date of this assignment the City of
`1x,iiarac 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.,ineurred
by it prior to the elate of this assignment.
5. The effective date of this assignment shall be thq F40,6+ 106-1
up MI► R c * Van t .
PASSED, ADOPTED JMD APPROVED this , day of Z2Lz%C-�--,/A, ,
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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
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) f
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 v
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
essee 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, after the
effective date hereof, be fully released from any and all obligations and
liabilities with respect to the covenants of the aforementioned Lease.
However, the Assignor shall have the continuing right to collect any monies
that may have become due, to -wit: prior to the effective date hereof, and
further shall have the continuing obligation to satisfy any obligations
ising prior to the effective date hereof.
This Assignment shall take effect on the day of , 19
At
By
•
(SEAL)
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WHEREAS, the
ACCEPTANCE OF ASSIGNMENT
is desirous of accepting the foregoing Assign-
ment 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,
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 )
OUNTY 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
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
ty Commission Expires:
NOTARY PUBLIC
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ASSIGNMENT OF DECLARATION OF RESTRICTIONS
WIiEREAS, 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 servi-
tudes from
under an Assignment dated the day of
19 , and
WIiEREAS, 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
the rights, duties and obligations as set forth in said Declaration of
Restrictions.
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
and recorded on the day of
, 19 ,
, 19 , in
Official Records Book No. , at Page , of the Public
te
cords of Broward County, Florida, which Declarations of Restrictions
late to the following described lands:
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
, 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
created thereby.
The Assignor and the Assignee further agree and acknowledge that___
he City of Tamarac, as Assignor, shall, after the effective date hereof,
t,
e 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 the Assignor. However, the
Assignor shall have the continuing right to collect any monies that may
have become due, to -wit: prior to the effective date hereof, and further
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shall have the continuing obligation to satisfy any obligations arising
prior to the effective date hereof.
This Assignment shall take effect on the day of ,
19
ATTEST: CITY OF TAMARAC, FLORIDA
ABy 4460(
MAYOR
CITY CLERK
(SEAL)
ACCEPTANCE OF ASSIGNMENT
In consideration of the foregoing Assignment and other good and
valuable considerations, the receipt and adequacy of which are hereby
acknowledged, 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
subsequent thereto, which mortgage encumbers any of the real properties -
included in the aforesaid Declaration of Restrictions.
igned, sealed and delivered
n the presence of:
-54
Director
3 _
By
Director
By
Director
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 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
My Commission Expires: -
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally appeared
and
Directors of the
, 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, State of Florida
y Commission Expires:
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