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HomeMy WebLinkAboutCity of Tamarac Resolution R-77-177T V7-,e Duce / �: V1144 6,0i bl �tio � e� 77r243669 _ .q C IT-Y OF T.-VtiiARAC , FLORI-DA RESO'LUT I ON NO* - j77 . A- .RE.�SOLUT ION. BY" THE _ ��"I:'�'�' C�UNC I.L OF THE C IT�r y0 F. .TAai j _ C E I l G A' D w:PECL. RING ITS INTENT TO TERiMINATE REST I`N;D:: ==C � ,r+G,E_ '' �O I D AND HO LD FOR NAUGHT, A CERTAIN AGREE 1ENT ENTERED INTO BY AND BETWEEN THE CITY OF TAMARAC AND TAMARAC ENTERPRISES INC. , A FLORIDA CORPORATION , DATED JANUARY 3. 1967, WHEREIN THE CITY OF TAMARAC AGREED TO COLLECT FROM THE LOTOWNERS , RESIDING IN SECTIONS 1 AND 2 OF TAMARAC LAKES, AND PAY OVER TO TAMARAC ENTERPRISES THOSE MONIES COL- LECTED AS SET FORTH IN CERTAIN DEED RESTRICTION'S TO RETIRE AN INDENTURE OF MORTGAGE AND UTILITIES � AND RECREATION BONDS " 0 DS SERIES A IN THE AMOUNT OF 1 7S0 000 T to $ , .00 AND TO REAFFIRM RESOLUTION 71-123, REPEALING RESOLUTION NUMBERS 64-1; 64--2;, 64-3; 6S-S; 65-6; 65-7; 66-2; 66-7; 66-8; 70-41 AND. 72-4 3 , TOGETHER WITH ANY OTHER ORDINANCE OR RESOLUTION ADOPTS v D BY THE CITY. COUNCIL TO IMPLEMENT THE AFORESAID AGREEMENT. TO PROVIDE NOTICE TO .THE OWNER AN HOLDER OF ANY OF THE ABOVE MENTIONED BONDS THE TRUSTFE FIRST NATI0"NAL BANK OF MIAMI TAMARAC ENTERPRISES INC., THE ASSIGNOR, OF THE CITY OF TAMAARAC' S INTENTION TO RESCIND CANCEL AND VOID THOSE CERTAIN ASSIGNMENT OF LEASES FOR RECREATIONAL FACILITIES TOGETHER WITH RESCISSION, CANCELLATION AND TERMINATION OF THE ACCEPTANCE BY THE CITY OF THOSE DEED RESTRICTIONS PERTAINING TO SECTIONS 1 AND 2 OF TAMARAC LAKES, TOGETHER WITH NOTICE OF THE RESCISSIONS, TERMINATION, CANCELLATION OF THE AGREE- MENT REFERRED TO ABOVE DATED JANUARY 3 , . 19 6 7 AND PROVIDING. AN EFFECTIVE DATE a WHEREAS, the City Council of the City of Tamarac, did on January 3, 1967, pursuant to Resolution 66-2, enter into an agreement with Tamarac -Enterprises Inc . , -_to collect from lotowhers in Sections 1 and 2 of Tamarac Lakes and remit to Tamarac Enter- prises Inc., monies in accordance with a fee schedule a- provided therein, to satisfy a certain Indenture of Mortgage secured by a . ;00 00 n M c� M0 Utility and Recreation Bond Series "A" in the amount of $1., ,000.00Mr together with interest thereon until said Bonds were retired, and WHEREAS, the City Council of the City of Tamarac to 0 -a implement the aforesaid agreement, adopted Resolutions numbered M. Oo 64-1, 64_ 3)2, 64-, 65-5; 65-6; 65-7; 66-2; 66-7; 66-8; 70-41 and 72-43t--a coo which relate to the acceptance as assignee of certain leases of recreational facilities' and deed restrictions imposed upon i It a • y 0 o a � ��l • 4 El the owners of lots in Sections 1 and 2 of Tamarac Lakes sub- divisions located within the City of Tamarac, and lf'HERE�kS , the City Council of the City of Tamarac has previously, by Resolution 72-43, expressed its intent to fulfill the terms and conditions of said agreement by and between the City of Tamarac and Tamarac Enterprises Inc., by collecting from the owners of lots in the following subdivisions located in the City of Tamarac: Tamarac Lakes and Tamarac Lakes 2nd Section; Tamarac Lakes North and Tamarac Lakes North 2nd Section; Tamarac Lakes South; certain designated sums for recreational facilities rentals, and WHEREAS, the City of Tamarac, over 'Che past ten (10) years, has made said collections and paid over to the Bond Indenture Trustee_, City National Bank of Miami, Miami, Florida, all funds collected, and WHEREAS, the City of Tamarac, due to matters beyond its control, has been unable to fully and completely collect rental payments from the lot owners to pay over sufficient funds to meet the terms and conditions of and the resulting ;0 0 Mori expenditures from the City Treasury for accounting administrator, 0D clerical and supplies, unforeseen at the time of entering into � 00 said agreement, and -n D G� WHEREAS, in spite of the city's diligent effort to m IN -A fully and completely comply with the terms and conditions of V wzw said agreement, a default presently exists in the Bond In denture of approximately $7S,000.00, and aoo M 'T WHEREAS, the City of Tamarac, after a period of ten -•� (10) years, and obligated for an additional 39 year period to make said collections, it appears to be a near certainty of its A inabilityto effect sufficient collections to retire the Bond 04 l -2- a Indenture in accordance with the terms and conditions therein contained, and WHEREAS, unless the City is able to fully and completely meet the Bond Indenture payments and redeem the Bonds by the year 2006 no benefits will accrue to the Cit`- and the titles to the properties being held in by the Trustee will revert back to Tamarac Enterprises, Inc. and the City* of Tamarac will have lost 49 years of time and expense in an effort to acquire certain monetary benefits which are at best a remote possibility. NOW, THEREFORE, BE IT RE -SOLVED BY- -THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: .qFC'TTnN 1 • That the City Council of the Cit-- of Tamarac does hereby -renounce, terminate, rescind, cancel•, void and hold for naught a certain agreement•, entered into on January 3, 1967, by and between the City of Tamarac and Tamarac Enterprises Inc., to collect from each lot owner the _following fees,monthly,and remit said fees to Tamarac Enterprises, at Boulevard Na "Iofia*l -Bunk o-f MIa'mi P e`r` MAont h 1. Tamarac Lakes and Tamarac Lakes 26.00 Second Section 2. Tamarac Lakes North and Tamarac 26.00 Lakes North Second Section 3. Tamarac Lakes South 29.00 4. Tamarac Lakes and Tamarac Lakes Second Section 10.00 S. Tamarac Lakes North and Tamarac 10.00 Lakes North Second Section 6. Tamarac Lakes South 13.00 SECTION 2: That the City Council of the City of Tamarac does hereby renounce, terminate, rescind, cancel, void and hold for naught the assignments of those certain leases, by and between Kenneth Behring, joined by his wife, Patricia A. 00 aq v n m Mo A c) m 00 1 -3- V i o • ` S r � R L Behring, as lessor to Tamarac Lakes Inc., and subsequently assigned to the City of Tamarac , as assignee , be in u lt,a`es o l the recreation facilities of those subdivisions set in Section 1 of this Resolution. gPCT T nm 117 • The City Council of the Ci tv of Tam: rac does hereby renounce, rescind, terminate, cancel, void andhol: for naught the assignment by and between the City of Tamarac, assignee, and Tamarac Lakes Inc, as assignor, of certain reservations and servitudes contained in paragraph 5 of those certain use and building restrictions, imposed upon those lots located in the subdivisions set forth in Section 1 of this Resolution. SECTION 4: The City Council of the City of Tamarac does hereby reaffirm, Resolution No. 71-12, passed, adopted and approved on February 2, 1971.1 by the City Council of the City of Tamarac. SECTION 5: The City Council of the City of Tamarac does hereby repeal specifically Resolutions numbered 64-1; 64-2; 64-3; 65-5; 65-6; 65-7; 66-2; 66-7; 66-8; 70--41; and 72-43; together with any resolution adopted by Council not specifically mentioned MO herein, but which may be in conflict with the intention of the Mori City of Tamarac to void, set aside and hold for naught any obligations responsibilities, or liabilities the City of Tamarac 0 miah amaintenance b t h ve In reference to the performance of on and for individual lots and private recreational areas and as to # the collection and remittance of leasehol-d monies., all of these M obligations and duties being those created by private deed m -n �o restrictions and the obligations thereunder. having been previously 071 assigned to the City of Tamarac. SECTION 6 : The City Manager is hereby instructed, _0 A after passage of this Resolution and its proper execution, to r� 00 record a certified copy of same and further to provide certified copies to all interested parties, including but not limited to: t ' r Y r Ip r Q(�o J Presidents of individual sections of the City.' and holders of leasehold interests , Tamarac Enterprises Inc. , all known bond- holders, the Trustee Cite National Bank of Miami, Miami, Floric?a, and Kenneth E. and Patricia A. Behring, SECTION 7: 01 This Resolution shall become effectix-e immediately upon its final passage. PASSED, ADOPTED AND APPROVED THIS ,-- DAY OF ,1977. mA 'R ATTEST: I HEREBY CERTIFY that -I have approved the form and correct- ness of this RESOLUTION ,k CITY ATTORNE $4 tit) 4% ' rt BE. 1, M. hereby C rE' ai tT 't j=a :n.v i z; �; Q ; j,; lm 'Ind correct copy of LV--- 1100 A) _ -- °' _ d f e c;: Z4 1WITIMSS My HAND AND OFFICIAL SEAL r t OF 'IMF, CITY OF TAMARAC, FLORIDA. ' s day Ct e. a � ,�. • 41�7 , 00 3t m ST vl �,• ��t,01-4 v, s `i • I , i� , M' Cw L� JL R9$TZ1 `� : a II A C •'wsi -4"r INFORMATION TO THE OFFICIAL RECORDS BOOK CITY OF TAMARACI FLORIDA IN RE: R-77-177 AS REFLECTED IN THE MINUTES OF THE RECONVENED REGULAR COUNCIL MEETING, HELD TUESDAY, NOVEMBER 1, 1977, IN THE COUNCIL CHAMBERS OF THE CITY HALL: Item #3. Tamarac Bond Indenture - Discussion and possible action, was reconsidered upon motion of Councilman Irving Disraelly, seconded by Vice -Mayor Massaro, and unanimously approved. Following discussions relative to Item #3, by motion of Councilman Disraelly, "to rescind Temporary 869(Ed.Note: R-77-177), because the City Attorney has indicated to us that the resolution 869 is the law of the City of Tamarac until it is rescinded and if we hold a workshop a week from now, it won't do us any good, because the action. has already been taken", motion seconded by Councilman Weinberger, and voted upon , to wit: FURTHER, held same 1 Mayor F a 1 ck -AYE Vice -Mayor Massaro -NAY Councilman Weinberger -AYE Councilman Disraelly -AYE Councilman Klika -NAY MOTION CARRIED 3 to 2 . RESOLUTION TEMPORARY # 8 6 9 ( R- 7 7-17 7) RESCINDED see R-77-187 enacted by Council at a Special Meeting on Tuesday, November 8, 1977, which contains the provisions, wording, etc. as R-77-177. CLERK E8 at I 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, TELEPHONE (305) 722-5900 77.25507 4 INFORMATION IN RE: (attached) As reflected in Regular Council ber 1, 1977, in City Hall: RESOLUTION NO. R 77-177 FLORIDA the Minutes of the Reconvened Meeting, Feld Tuesday, Novem- the Council Chambers of the Item #3. Tamarac Bond Indenture - Discussion and possible action. was reconsidered upon motion of Councilman Irving Disraelly, seconded by Vice Mayor Massaro, and unanimously approved. Following discussions relative to Item #3, by motion of Councilman Disraelly, "to rescind Temp. 869 (Ed.note: R 77-177), because the City Attorney has indicated to us that the resolution 869 is the law of the City of Tamarac until it is rescinded and if we hold a workshop a week from now,. i t won't do us any good, because the action has already been taken", motion seconded by Councilman Weinberger, and voted upon, to wit: MAYOR FALCK : AYE VICE MAYOR MASSARO : NAY COUNCILMAN WEINBERGER: NAY COUNCILMAN D I SRAELLY : AYE COUNCILMAN KLIKA: NAY MOTION CARRIED 3 to 2. RESOLUTION TEMPORARY #869 (R 77-177) Dated: 11/14/?7 33321 ."map Xc rl 'Ti 0 "71 00 6 9 x I