HomeMy WebLinkAboutR-1997-160 i
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RESOLUTION NO. 160 -97
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING A CONSENT AGREEMENT WITH EMERALD
LAKE VILLAGE, INC. PROVIDING FOR THE PAYMENT AND
COLLECTION OF FIRE RESCUE ASSESSMENTS
PREVIOUSLY OMITTED FROM THE ASSESSMENT ROLL
FOR FISCAL YEAR 1996-1997; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has the power and authority to impose a Fire Rescue
Assessment for the Fiscal Year in which an error or omission is discovered, in addition to
the applicable Fire Rescue Assessment due for the prior two fiscal years;
WHEREAS,the attached Consent Agreement is entered into to allow Emerald Lake
Village, Inc., the opportunity to pay an amount equivalent to the fire rescue assessment
that should have been imposed upon Emerald Lake Village, Inc. lands for Fiscal Year
1996-1997 over the next five (5) years instead of paying the entire delinquent amount on
the subsequent year's tax bill.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA, AS FOLLOWS:
SECTION 1. The Consent Agreement executed by Emerald Lake Village, Inc., as
set forth in Exhibit A attached hereto and made a part hereof, is hereby approved and the
Mayor is directed and authorized to execute same. Upon execution, the City Clerk shall
record the Consent Agreement in the Official Records of Broward County, Florida.
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SECTION 2. This Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on this 25 day of November , 1997.
OBERT MIKE
MAYOR - COMMISSIONER
ATTEST:
MA�,41
J. J ALEE
CITY CLERK - AUDITOR
APP D AS T FORM AND CORRECTNESS
�V
TIM RY N,
CITY ATTORNEY
-97
2 RESOLUTION NO. 160
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APPENDIX A
CONSENT AGREEMENT
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98-361759 T#001
06-18-98 01 :20PM
CONSENT AGREEMENT
THIS CONSENT AGREEMENT is entered into between Emerald Lake Village, Inc.
("Emerald Lake"), a Florida corporation, and the City of Dania, Florida ("Dania") as a
compromise and in full and complete settlement of a dispute concerning the billing and
collection of non-ad valorem special assessments imposed by Dania for the provision of
fire rescue services, facilities and programs.
NOW, THEREFORE, in consideration of the mutual promises, covenants,
representations and agreements contained herein, together with Ten Dollars ($10.00) and
other good and valuable consideration exchanged amongst the parties, the parties to this
Consent Agreement do undertake, promise and agree for themselves, their successors
m and assigns as follows:
\ SECTION 1. DEFINITIONS AND PURPOSE.
111�` (A) All capitalized words and terms not otherwise defined herein shall have the
meaning set forth in Ordinance No. 10-96, Resolution No. 63-96, Resolution No. 72-96,
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- Resolution No. 110-97 and Resolution No. 130-97 adopted by Dania.
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(B) This Consent Agreement is entered into to allow Emerald Lake and Dania toco
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/J mutually agree upon the procedure for paying and collecting an amount equivalent to the
�- Fire Rescue Assessments for the provision of fire rescue services, facilities and programs
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which specially benefitted property owned by Emerald Lake during Fiscal Year 1996-1997,
O that were previously omitted from an Assessment Roll (the "Omitted Assessment").
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SECTION 2. REPRESENTATIONS; PROVISION FOR COLLECTION OF
OMITTED ASSESSMENT.
(A) In orderto induce Dania to enter into this Consent Agreement, Emerald Lake
makes the following representations:
(1) Emerald Lake is a corporation duly organized, validly existing and in good
standing in the State of Florida, and the officers executing this Consent Agreement on
behalf of Emerald Lake are duly authorized to do so.
(2) Emerald Lake is the sole fee simple owner of record of the lands described
in Appendix A hereto (the "Emerald Lake Lands"), such lands also being described as
Broward County Tax Parcel 102320500100.
(3) Emerald Lake waives all right of notice and by entering into this Consent
1 Agreement acknowledges, agrees and forever waives any right, claim or interest in
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contesting the imposition or collection of any Fire Rescue Assessments for the Fiscal Year C-j
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1996-1997(or an amount equivalent thereto)imposed by Dania pursuant to Resolution No. _
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72-96 and Resolution No. 130-97, or imposed as a result of the discovery of an error or
omission pursuant to Ordinance No. 10-96. Further, Emerald Lake acknowledges that the
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Emerald Lake Lands benefitted from Dania's provision of fire rescue services, facilities and
programs in Fiscal Year 1996-1997 in the amount of$15,502.76, based on a calculation
of$85.18 for each of the 182 residential dwelling units located on the Emerald Lake Lands
and that the apportionment and collection approach used by Dania is fair and reasonable.
(B) Emerald Lake acknowledges Dania has the power and authority to impose
a Fire Rescue Assessment for the Fiscal Year in which an error or omission is discovered
in addition to the applicable Fire Rescue Assessment due for the prior 2 fiscal years.
Emerald Lake concurs that, in this instance, it is fair and reasonable to allow Emerald Lake
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to include an amount equivalent to one-fifth (1/5th) of the Fire Rescue Assessment which
should have been imposed upon and paid by Emerald Lake for Fiscal Year 1996-1997 on
the Fire Rescue Assessments imposed by Dania for the next five fiscal years.
(C) The Fire Rescue Assessment for the Emerald Lake Lands for each Fiscal
Year commencing with the non-ad valorem assessments imposed in Fiscal Year
1997-1998 shall be increased by $3,100.56 each year ($15,502.76 + 5) for the next five
fiscal years.
(D) In the event the Emerald Lake Lands are subdivided, Emerald Lake fails to
pay its taxes or assessments in any fiscal year prior to same becoming delinquent, or the
Emerald Lake Lands are otherwise disposed of, an amount equivalent to the unpaid
balance of the subject Omitted Assessment shall, at the option of Dania, immediately
become due and payable together with interest at the highest legal rate from the date of co
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such an event of acceleration. F'
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(E) Emerald Lake hereby consents to the collection of the Omitted Assessment, °'
as provided for herein, using any method selected by Dania, including but not limited to the _
Uniform Assessment Collection Act or direct billing. Cz
(F) This Consent Agreement shall be deemed to run with the Emerald Lake
Lands, touch, benefit and concern such lands, and be binding upon Emerald Lake and its
successors and assigns.
SECTION 3. GENERAL PROVISIONS.
(A) This Consent Agreement has been entered into to avoid dispute. As an
inducement to enter into this Consent Agreement and for an additional Ten Dollars
($10.00) and other good and valuable consideration, Emerald Lake hereby agrees to
indemnify and hold harmless Dania for any costs of litigation arising from a challenge to
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Dania's collection of the Omitted Assessment or a challenge to Dania's enforcement of this
Consent Agreement, including but not limited to attorneys' fees and costs suffered by
Dania or Emerald Lake.
(B) This Consent Agreement shall terminate upon payment in full to Dania of an
amount equivalent to the Omitted Assessment.
(C) This Consent Agreement is the entire agreement between the parties
concerning the collection and payment of an amount equivalent to the Fire Rescue
Assessment relating to the Emerald Lake Lands for Fiscal Year 1996-1997; and there are
no other agreements between the parties in conjunction to the subject matter hereof,
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except as specifically set forth herein.
IN WITNESS WHEREOF, Emerald Lake and Dania have caused this Consent
Agreement to be duly executed and entered into this day of K)OJeMBF,IZ,
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1997. cc
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WITNESSES: EMERALD LAKE VILLAGE, INC., —
a Florida corporation i
President
CITY OF DANIA
By:
Robert Mi es
Its May sioner
ATTEST:
BY: �
Michael 4 , th, City Manaqer
By4� / APP s TO RM & CORRB=SS:
City Clerk
TIM RYAN., =R3M CITY ATTORNEY
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> STATE OF FLORIDA
COUNTY OF � 4Y-0 '�
The foregoing Consent Agreement sworn to and subscribed before me this- L►+
day of N ^ , 1997 by Mathieu Dis actro, President, Emerald Lake Village, Inc.,
a Florida corporation. He i rsonally kno me or has produced as
identification and did take a I.
Printed Na
RpYMONDE.DOBBINS Notary Public, State of Florida
MY OOMMISSI N/OC 47M
.�, EVIFES:oa�.as.IN9 At Large
'a OidTniN°"' 1Yh1'"71N"""' My Commission Expires:
Commission No.:r_C.ti'7In
STATE OF FLORIDA
COUNTY OF BROWARD
The fore oing Con ent Agreement was sworn to and subscribed before me this
day of 1997 by Robert Mikes, Mayor-Commissioner, City of
Dania, Florida. He is-pa onally knowr�o me or has produced as identification
and did take an oat .
Printed Name: Cam' (.k'�S'f�-�•��Rm ''
Notary Public, State of Florida
At Large
My Commission E
Commission No.:
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CHARUM L SAITAL AACOM n
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APPENDIX A
TO
CONSENT AGREEMENT
EMERALD LAKE LANDS
Lot One ( 1) and the South Half (S-1/2) of Lot Two ( 2) and Lots Six
(6) , Seven (7 ) , Right Me Nine (9) , Ten (10) , Eleven (11) , Twelve
of2Westlanse Road llying nbetween the Westd Fourteen ( 14) e ly extensions ofether with the portion,theNorth
Line of said Lot 9 and the South Line of said Lot 10, and that
portion of Midway Road lying West of the East Line of said Lot 6 ,
the Platthereof # recorded of in Plat Book 23 LF ACRES* age 37, ofcthedPub to
lic
Records of Broward County, Florida; AND
Lot Five (5) , and Lot Six ( 6) , in Block Four ( 4) of the Subdivision
Section Thirty Two ( 32) . Township 50 South, Range 42 East,
cording to the Plat thereof , recorded in Plat Book 2, at Page 32 ,
of the Public Records of Dade County, Florida.
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Together With:
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All that part of ,"TIGERTAIL BLVD." as shown on the Plat o _
pALMEADOR HALF ACRES No. 2 as recorded in Plat Book 23, Page 37 of cc
the Public Records of Broward County, Florida, and more
particularly described as follows: Beginning at the Southwest =
corner of said Subdivision, run Northerly and along the West Line ,
a distance of 37 . 50 feet to a point: Thence run Easterly and
parallel with the South Line of PALMEADOR HALF ACRES No. 2, a Cr
distance of 605. 60 feet to the Point of Curvature of a curve to the
left, said curve having a radius of 25.00 feet and a central angle
of 89° 58, 10" ; Thence run Northeasterly around said curve an arc
distance of 39. 26 feet to the Point of Tangency; Thence run
Southerly on a projection of the East Line of Lot 1 of said
PALMEADOR HALF ACRES NO. 2, a distance of. 62. 49 feet to a point on
the South Line of said Subdivision; Thence run Westerly and along
said. South Line, a distance of 630. 53 feet more or less to the
Southwest corner of the Subdivision and the POINT OF BEGIRNINQJ
Leas that portion being within 50 feet of the , East boundary of
}ction 32, Township 50 South, Range 42 East; Less that portion of
a5ta 1 and 2 as recorded in Official Record Book 4127, Page 996.
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RESOLUTION NO. �160 -97
m
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING A CONSENT AGREEMENT WITH EMERALD
LAKE VILLAGE, INC. PROVIDING FOR THE PAYMENT AND —
COLLECTION OF FIRE RESCUE ASSESSMENTS
PREVIOUSLY OMITTED FROM THE ASSESSMENT ROLL
FOR FISCAL YEAR 1996-1997; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has the power and authority to impose a Fire Rescue
Assessment for the Fiscal Year in which an error or omission is discovered, in addition to
the applicable Fire Rescue Assessment due for the prior two fiscal years;
WHEREAS,the attached Consent Agreement is entered into to allow Emerald Lake
Village, Inc., the opportunity to pay an amount equivalent to the fire rescue assessment
that should have been imposed upon Emerald Lake Village, Inc. lands for Fiscal Year
R 1996-1997 over the next five (5) years instead of paying the entire delinquent amount on
the subsequent year's tax bill.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
Y
CITY OF DANIA, FLORIDA, AS FOLLOWS:
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SECTION 1. The Consent Agreement executed by Emerald Lake Village, Inc., as
set forth in Exhibit A attached hereto and made a part hereof, is hereby approved and the
Mayor is directed and authorized to execute same. Upon execution, the City Clerk shall
record the Consent Agreement in the Official Records of Broward County, Florida.
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SECTION 2. This Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on this 25 day of Nover 1997.
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AOBERT4MIKE :�
ATTEST:
MAYOR - COMMISSIONER
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MARIE J. J ALEE
CITY CLE K -AUDITOR
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APP D AS T FORM AND CORRECTNESS
TIM RY N,
CITY ATTORNEY co
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iiCOh:-D IN "!1E CFF^I^a=cCORDS BOON
ur GROPrARD';CU'.�T'f, PiOPIDA
COUNTY Zvo,,ISTRATOR
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2 RESOLUTION NO. 160-97
RAYMOND E. DOBBINS
1 cac xxaa�at-E-au,
i TELEPHONE (954) 583-7705
1 040 BAYVIEw DRIVE, SUITE 505 FAx (9541 563.9548
FORT LAUDERDALE. FLORIDA 33304
November 19, 1997
City of Dania
100 West Dania Beach Blvd.
Dania, FL 33063
Attn: Michael Smith, City Manager
Re: Emerald Lake Village Mobile Home Park
Consent Agreement for Collection of Omitted Fire Rescue Assessment
Dear Mr. Smith:
Per Mark Lawson's instructions, enclosed please find an original Consent Agreement,
executed by my client, Emerald Lake Village. The complete and correct legal description
has been attached as Exhibit A.
The attached Consent Agreement is being hand delivered in orderforthe City Commission
to consider this matter at the November 251" Commission meeting.
We respectfully request that once the Consent Agreement is approved by the City, a DR-
409A form be processed immediately, so that a corrected tax bill can be issued in
November.
I trust you will find the enclosed to be in order. Please contact me with any questions or
comments you may have.
Sincerely yours,
Raymond E. Dobbins
cc: Mark Lawson, Esq. (w/enclosure - via fax only)
Marie J. Jabalee, City Clerk (w/enclosure - hand delivery)
Tim Ryan, City Attorney (w/enclosure -via fax only)
Camille S. Gianastasio (w/enclosure - via fax only)
Ted Filosofos (w/enclosure - hand delivery)
NOV 18 '57 01:40PIl NADIRS GIBLIIJ Nb3CER P.2•`1�
NADORS, G19LIN 6 NICKERSON, P.A.
ATTORNCYS AT LAW
OARNCTT BANK BUILDING.SUIT[ 60O
O,S SOUTH CALHOUN STRCET
TALLAHASSEC. FLORIDA 32301
SARAN M. RLGKLCY TCL£PHONE 100+1 oz-"OTO THC POIMC.BUR[ 1060
WARREN S. [LOOM TCL£COPY 1YOAI ?ZA.a OTO RSOR ROCKT POINT ORIVC
TAMFA, FLORIDA aasR)
HApR/ F. CHILLS
MAUREEN MCGRTHY p UGHTON IS"' R,,.Rant
VIRGNU SAUNDERS OCLEGAL TEL[COFY 1012I 36"D LO
L THOMAS WOLIN
MARK G. UWSOM GIONATURC PLAZA. SVITC 1060
AMY E, LETTELLCIR 201 SOUTN ORANGE AVCNUE
HEATHER J.MELOM ORLANDO. F600I0A a'S01
STEKN C. MILLER IaOT+96-1666
MARK T. MUsuAN TCLCCOPY p1071 4Z6•SOZZ
ROOCRT L. NNRORS
G£ORGC N. NICKERSON'JR. [ RIMSALL•
STCN T. GLISCR •ATTD"RL1. P.GT•OKITTLD IN•LOMM
JOSEPH 0, STANTON November 18r 1997
G116;WgY T. STEWART WIL4AM U ROO[RT6
JOMN R. STOKES OF COUNfEL
WILLIAM D. TLrft
HILXAEL L. WAYKINS BY FACSIMILE TRANSMISSION
TN
JEAN L WIIEON AND FEDERAL EXPRESS
Raymond E. Dobbins
1040 Bayview Drive
Suite 605
Ft. Lauderdale, Florida 33304
Re: Emerald Lake Village, Inc.; Collection of Omitted City of Dania Fire Rescue
Assessment
Dear Mr. Dobbins:
As a result of my telephone conversation with Ted FBosofos and direction by the
City, attached is a Consent Agreement(the"Agreement")designed to accommodate both
Emerald Lake Village, Inc. ("Emerald Lake"),
amount equivalent ta and the city of ll/(the
of the ors►The
Agreement allows for Emerald Lake to pay a
assessment ($15, itted
502.76) along with its Fire Rescue Assessment for the next five years.
The agreement is structured so that in the event that Emerald Lake fails to timely pay its
assessments and taxes,subdivides the property or otherwise disposes of the property,that
me immediately due and payable at the option of the
the entire remaining balance will beco
City. The Conner„Agreementrecordked n theimely need to be Offic Officials Rexecuted ecords of Broward client
C untyProved
and adopted by City and
You must provide the legal description which will become Appendix A of the
Consent Agreement The legal description can be a reference to an Official Record Book
and Page. However, the City must receive from you a copy of the Official Record Book
and Page for reference.
After you have had a chance to review this transmittal, please telephone me to
confirm your City,swe w' tion uld to proceed.
your clientrto first execute iting the ent is and ubmt�toe to Your
the City
client and the City, p y
NOV-18-1997 0:32 9042244073 P.02
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MV 18 '97 01:41PM W RS GIBLIN NICKER. P.3/12
.� Raymond E. Dobbins
November 18, 1997
Page 2
Manager for the City Council's agenda. Once approved, the City would process a
DR-409A form which would modify the Fiscal Year 1997-1998 assessment and direct the
Tax Collector to correct the rod which the City certified on September 15, 1997. By acting
immediately,there stir remains a possibility that the DR-4o9A form can be processed and
a corrected tax bill reflecting the assessment for the Fiscal Year 1997-1998 plus an amount
equivalent to 1/5th of the omitted assessment could still be issued in November. Each year
thereafter,for a total of 5 years, an equivalent amount would be added to the Fire Rescue
Assessment imposed by the City.
1 look forward to discussing this matter with you after you have had a chance to
review the agreement.
Sincerely,
Mark G. Lawson
MGL:sib
jEnclosure
cc: Michael Smith, City Manager(wienc. —via fax only)
Marie J. Jabalee, City Clerk(wlent. —via fax only)
Tim Ryan, City Attorney(wienc. —via fax only)
Camille S. Gianatasio (wienc. —via fax only)
Ted Filosofos (wlent. — via fax only)
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NOV-18-1997 13:33 9042244073 P.03
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