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Home My WebLink AboutR-2006-084 Jai Alai Head Tax RESOLUTION NO. 2006-084 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TERMINATION, WAIVER AND RELEASE DOCUMENT PERTAINING TO A 1953 "HEAD TAX AGREEMENT" (PATRONS' ADMISSION TAX) RELATED TO THE DANIA JAI ALAI FACILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a Termination, Waiver and Release document pertaining to a 1953 "Head Tax Agreement" (patrons' admission tax) related to the Dania Jai Alai facility. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on May 9, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: �' THOMAS . AN"SBRO CITY ATTORNEY f d E t I 7 This instrument was prepared by and return to: Thomas 0. Wells, Esq. Berger Singerman, P.A. 200 So. Biscayne Boulevard, Suite 1000 Miami, Florida 33131 TERMINATION, WAIVER AND RELEASE THIS GERMINATION, WAIVER AND RELEASE ("Agreement") is made on m , 2006 between THE CITY OF DANIA BEACH, a municipal corporation existing i1nder the laws of the State of Florida ("City"), having an address at 100 West Dania Beach Blvd, Dania Beach, FL 33004 in favor of THE ARAGON GROUP, INC. ("Owner"), having an address at Preliminary Statement The City is a party to an Agreement dated January 22, 1953 entered into among City, Cyril G. McAndrews, and Munro Operating Co., Inc. (the "Head Tax Agreement"), recorded in Official Record Book 340, beginning at Page 157, of the Public Records of Broward County, Florida. The Head Tax Agreement provides, among other things, for the Applicants (as defined in the Agreement) (i) to use efforts to procure legislation permitting the City to assess, levy and collect an admission tax ("head tax") of Ten Cents for each person admitted to the jai alai fronton constructed on the real property described in the Head Tax Agreement (the "Property"), and (ii) between the date of the Head Tax Agreement until the enactment of such legislation, to pay the head tax to the City(collectively, the "Head Tax Obligations"). Owner is the current owner of the Property, having succeeded to the interest of Cyril G. McAndrews. The City desires to terminate the Head Tax Obligations, and has agreed to enter into this Agreement to evidence such termination. NOW, THEREFORE, in consideration of the covenants set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. The Preliminary Statement set forth above is true and correct and it is incorporated into and made a part of this Agreement. 2. The City acknowledges and agrees that the Head Tax Obligations are terminated • and the City waives, releases, satisfies, and forever discharges Owner, Applicants, each other prior owner of the Property, and each and all of their respective heirs, beneficiaries, personal representatives, successors and assigns (collectively, the "Released Parties") of and from all past, present, and future Head Tax Obligations and all liabilities of every nature whatsoever relating to them or now existing or hereafter arising in connection with them, including, without limitation, the failure of any Released Party to pay or perform any of the Head Tax Obligations. 3. The City acknowledges and agrees that it is the intent of the City that from and after the date of this Agreement, the Property shall be free and clear of the Head Tax Obligations, and that such Head Tax Obligations shall never give rise to a lien or encumbrance against the Property, and that all persons acquiring any interest in any portion of the Property shall do so free and clear of the Head Tax Obligations, with the same force and effect as if the Head Tax Obligations had never existed. Recordation of this Agreement in the Public Records of Broward County, Florida shall be deemed conclusive evidence of such termination of the Head Tax Obligations. 4. The City represents and warrants that it has taken all necessary and proper action to execute and deliver this Agreement and to authorize the termination of the Head Tax Obligations and that this Agreement constitutes its valid and binding agreement, enforceable in accordance with its terms. • 5. This Agreement shall inure to the benefit of the Owner and the other Released Parties, and their respective heirs, beneficiaries, personal representatives, successors and assigns, and all subsequent owners of all or any portion of the Property. This Agreement shall be governed by the laws of the State of Florida. IN WITNESS OF THE FOREGOING, the City of Dania Beach has caused this Agreement to be executed in its name by its Mayor and its City Manager, and its official seal to be affixed, and attested by the City Clerk. CITY: ATTEST: CITY OF DANIA BEACH, l� a Florida Municipal Corporation LOUISE STILSON, CMC CITY CLERK 1 APPROVED FOR FORM AND CORREC SS: IVA PAT ITY MANAGER THOMAS J. AN BRO CITY ATTORNEY { i a WITNESSES: THE ARAGON GROUP, INC., • a Florida corporation Si ature Stephen F. Snyd , President Print Name ATTEST: 43� &A Signature Signature rs�-RA N c 6 5 co Print Name Print Name (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2006, by Stephen F. Snyder as President and as , respectively, of The Aragon Group, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me (or produced as identification) and did (did not))take an oath. TNF'/i r ossloNF •9 i 22,?o; S NOTARY PUBLIC, State of Florida My commission expires: o #DD 518754 ;'aq ded�N 3 • 76 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Patty Varney, Finance Director FROM: Tom Ansbro DATE: April 25, 2006 RE: Request by Dania Jai Alai to Execute a "Termination, Waiver and Release" Document Related to an Outdated "Ten Cent Head Tax" (Patrons of Jai Alai) In 1953, the City and the operators of the Jai Ali facility entered into an agreement referred to as a "head tax agreement", in which a tax of ten cents ($0.10) per person could be levied by the City for each patron admitted to that facility. Records indicate that the tax has not been paid since 1976. Subsequent changes to state laws applicable to pari-mutuels provide that the state is the only authorized taxing authority and the tax was, in practical effect, repealed. However, the agreement was recorded in the County public records and the current facility operator has asked that the County records be updated to clear the "cloud" on the property's ti tle. It is recommended that the proper City officials be authorized to execute the referenced termination document. A Resolution to that effect has been prepared. TJA:slw • Attachments a s FLORIDA. May 22, 2006 Stephen Snyder, President The Aragon Group, Inc. Dania JaiAlai 301 E. Dania Beach Blvd. Dania Beach, FL 33004 RE: TERMINATION, WAIVER AND RELEASE AGREEMENT RELATING TO THE "TEN CENT HEAD TAX" Dear Mr. Snyder: On May 9, 2006, the Dania Beach City Commission adopted Resolution No. 2006-084 (copy attached), authorizing the execution of the above agreement. We enclose two originals of the agreement for execution by your company. Upon execution, please return them to our office. Once these documents are signed by our City officials, we will send you an original for your records. If you have any questions regarding this agreement, please contact our City Attorney, Thomas J. Ansbro, at 954-924-3635. Sincerely, Miriam Nasser Deputy City Clerk Enclosures "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us