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HomeMy WebLinkAboutCity of Tamarac Resolution R-71-005CITY OF TAMARAC, FLORIDA RESOLUTION NO. 7 l- T WHEREAS, 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 Restrictions and Leaseholds 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 the Main- lands of Tamarac Lakes, Ninth Section, to The Mainlands of Tamarac, Ninth Section, Inc., and WHEREAS, The Mainlands of Tamarac, Ninth Section, 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 The Mainlands f Tamarac, Ninth Section, Inc., all of its rights, duties, obligations and servitudes as contained in the Declaration of Restrictions and Leasehold for recreational area as pertaining to the Mainlands of Tamarac Lakes, Ninth 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 ecreational 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. 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 in escrow for The Mainlands of Tamarac, Ninth Section, 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 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 1st day of January, 1971. PASSED, ADOPTED AND APPROVED this day of a , 1971. ATTEST: CITY CLERK . '1 Prepared By: Alan J. Goldberg 7 1— 3 V 6 1 2881 East Commercial Boulevard • Fort Lauderdale, Florida 33308 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 servi- tudes from BEHRING PROPERTIES, INC. June , 19 69, and 16 th day o f 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 31st day of April L „� 192 0 Broward Couri-Ly, Florida, and that said City deems it in the nest Ln interests of the public to assign said restrictions, and -� WHEREAS, the MAINLANDS OF TAMARAC, NINTH SECTION, INC. = March 19 69, and recorded the 2nd day of 19 69 , in Official Records Book No. 3896 at Page the righ =s , .r- r" is desirous of accepting said Assignment and asscming.= auties and obligations as set forth. .._ say,: 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 MAINLANDS OF TAMARAC, NINTH SECTION, INC. , all of its rights, duties, obligations and servitudes as contained in the Declara- tion of Restrictions dated the 31st day of March , J.9 69 , and recorded on the 2nd day of April , 19 69 in Official Records Book No. 3896 at Page 102 _a _."ablic Records of Broward County, Florida, which Declarations of Restrictions mo relate to the following described lands: ul w THE MAINLANDS OF TAMARAC LAKES NINTH SECTION,•/ according to the plat there of recorded in Plat Book 67, Page 48, Public Records of r Broward County, Florida. RRN TO ' CITY. OF TAMARAC .P. 0. BOX 8511 FLA. FORT LpATJDERDALF , 33310 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 MAINLANDS OF TAMARAC, NINTH SECTION, INC. , 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 the City of Tamarac, as Assignor, shall, after the effective date hereof, 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 the Assignor. However, the r 00 Assignor shall have the continuing right to collect any monies that may, n. have become due, to -wit: prior to the effective date hereof, and further F-+ W - 2 - V 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 -y4,V4-' e , 19�. G. -'CLERK V�` �S�LY+.f li tti V�11l CITY OF TAMARAC, FLORIDA 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 MAINLANDS OF TAMARAC, NINTH SECTION, INC. 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 orr_ginal Declara- tion of Restrictions assigned by the foregoing instrument. The MAINLANDS OF TAMARAC, NINTH SECTION, INC. , 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. Signed, sealed and delivered in the presence of: MAINLANDS OF TAMARAC, NINTH SECTION, INC. By � 4 �.% �,. o 1 iTfector � CA 00 n/, E a 3 1 1 , By Dire for By �vuc-tom Director STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned a thority, personally appeared jE4 1.. 1i dF;ryriCL� and _ U - (' R-cP-� 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 I i Broward County, Florida, this ` ►-.,cl day of 19 Notary Public, tate of Florpd " a My Commission Expires: Notary , uoi c, State of Florida at tarp® MY Commission Expires July 6, 1974 STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, the undersigned authorit , personally appeared-'.. " YX Ck. I- Ge, 16 " k Tc c,- and e� — S t-a Directors of the MAINLANDS TAMARAC, NINTH SECTION INC, 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 ^1 > CL Broward County, Florida, this day of IL , 19. 1 Notary Public, §kate of Florida""",,, ..;, ,S>>i My Commission Expires: Nowt' Pu6Db, Mate of Finrldn at I jim kxk464 idly RECORD IN OFFICIAL RECARnR BOOR ... 4„ OF OROWARO COUNr'f. FIOIDA JACK yygEELER CLERK Of CIRCUIT CW1R1 4 - EA REC.508 PacE.�l 71- 76062 Prepared by: Alan J. Goldberg 2881 East Commercial Boulevard Fort Lauderdale, Florida 33308 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 16th day of June , 19 69 of that certain Lease Agreement entered into on the 1st day of June , 19 69 , by and between JULY INVESTMENT CORP., as Lessors, and BEHRING PROPERTIES, INC. as Lessee, which Lease was recorded in the Official Records of Broward County, Florida, in Official Records Book No. 3961 , at Page 931 , on the 24th day of June , 19 69 , and WHEREAS, said Lease devised and leased unto the Lessee therein the following described property: a w U Waa H A 00 A pH�C� z O Ix >4 r-4 •H H � p Cn M i0wP:4M x and, C- -t, Parcel R of the Mainlands of Tamarac Lakes t Ninth Section, according to the Plat thereof recorded in Plat Book 67, Page 48 of the Public r' Records of Broward County, Florida X o M -1 P71 00 `l, WHEREAS, the City of Tamarac is desirous of assigning all of its 4i 1 rights, title and interest in and to said Lease to the MAINLANDS OF TAMARAC, NINTH SECTION, INC. 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 lst day of June 19 69 , between JULY INVESTMENT CORP. as Lessor, and BEHRING PROPERTIES, INC., as Lessee; as well as the rights, duties., and obligations created by said Lease as aforesaid, to MAINLANDS OF TAMARAC, NINTH SECTION, INC. That this Assignment does not extinguish the lien in favor of the Lessee created pursuant to that certain Declaration of Restrictions dated the 31st day of March , 19 69, and filed of record in the Official Records Book No. 3896 , at Page 129 , 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 arising prior to the effective date hereof. This Assignment shall take effect on the �_ day of� 19 Attest....,�^. tAr A-p+�, scR� By Y} CIr lo (SEAL) X0 CITY OF TAMARAC, FLORIDA M;1 00 BY MAYOR i 3. W - 2 - 1 ACCEPTANCE OF ASSIGNMENT WHEREAS, the MAINLANDS OF TAMARAC, NINTH SECTION, INC. 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 MAINLANDS OF TAMARAC, NINTH SECTION, INC. MAINLANDS OF TAMARAC, Signed, sealed and delivered NINTH SECTION, INC. in the presence of:. STATE OF FLO RI DA ) _ - •- COUNTY OF BROWARD k 'dt,d'ici�.'-'�b` BEFORE-ME, the undersigned authority, personally appearea ,}�, A-) s' I a Err�;n v-.- and R,, k\ - Gt-- C_(z t'r �o respectively as Mayor and City Clerk of the City of Tamarac, Florida, to me personally known, this day acknowledged before me that they executedD the foregoing Assignment of Lease as such officers and that they have Cb -o b 'rn4 4 �r 1 affixed thereto the Official seal of said corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal at j12 un 4� a2 Broward County, Florida, this day of , 19. My Commission Expires: STATE OF FLORIDA ) COUNTY OF BROWARD ) 64ty Public, State of Floruda at Uro jk Expires MY 6, 1974 BEFORE ME, the undersigned authority, personally appeared Ct a and 1110)2Y L,Ud©ks 1<S:4 , Directors of MAINLANDS OF TAMARAC, NINTH SECTION, INC. , 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_. RECORDED IN OFFICIAL RECORDS W& OF SROWARD COUNTY, FLORIDA JACK WHEELER CLERK OF CIRCUIT COURT it My Commission Expires: {, 1*rF! fir,Fn€ cfi F1oY fi riff; r- rp�ry public, State of Florida 6 a Lar e �l[ CoIDm�sion Milt$ Y — 4 — 0,, Q0 ro s•� G7 i-+ •GL7