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Home My WebLink AboutR-1997-156 RESOLUTION NO. 116-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A CONSENT AGREEMENT WITH ARSHAK CORP. 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; 1 WHEREAS, the attached Consent Agreement is entered into to allow Arshak Corp. { the opportunity to pay an amount equivalent to the fire rescue assessment that should have been imposed upon Arshak Corp. 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 Arshak Corp., 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. : � 1 SECTION 2. This Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 26 day of October 1997. ROBERT MIKES MAYOR - COMMISSIONER ATTEST: MARIE J. J ALEE CITY CLERK -AUDITOR APPROVE S 0 FOR ND CORRECTNESS TIM RYAN, A&&WrT* iT ITY ATTORNE RESOLUTION NO. 156-97 �' 2 98-361755 T##001 CONSENT AGREEMENT 06-18-98 01 : 18FIM THIS CONSENT AGREEMENT is entered into between Arshak Corp. ("Arshak"), j 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 and assigns as follows: (�) SECTION 1. DEFINITIONS AND PURPOSE. I�1 (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, p ti co ' Resolution No. 110-97 and Resolution No. 130-97 adopted by Dania. r ^v (B) This Consent Agreement is entered into to allow Arshak and Dania to ro mutually agree upon the procedure for paying and collecting an amount equivalent to the _ o Fire Rescue Assessments for the provision of fire rescue services, facilities and programs o U which specially benefitted property owned by Arshak during Fiscal Year 1996-1997, that were previously omitted from an Assessment Roll (the "Omitted Assessment"). i A SECTION 2. REPRESENTATIONS; PROVISION FOR COLLECTION OF OMITTED ASSESSMENT. I (A) In order to induce Dania to enter into this Consent Agreement,Arshak makes the following representations: (1) Arshak 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 Arshak are duly authorized to do so. I (2) Arshak is the sole fee simple owner of record of the lands described in Appendix A hereto (the "Arshak Lands"), such lands also being described as Broward County Tax Parcels 102320100700 and 102320100400. (3) Arshak waives all right of notice and by entering into this Consent Agreement acknowledges, agrees and forever waives any right, claim or interest in contesting the m n imposition or collection of any Fire Rescue Assessments for the Fiscal Year 1996-1997 (or co an amount equivalent thereto) imposed by Dania pursuant to Resolution No. 72-96 and co Resolution No. 130-97, or imposed as a result of the discovery of an error or omission c 0 pursuant to Ordinance No. 10-96. Further, Arshak acknowledges that the Arshak Lands o benefitted from Dania's provision of fire rescue services, facilities and programs in Fiscal Year 1996-1997 in the amount of$19,442.65, based on a calculation of$81.35 for each of the 239 residential dwelling units located on the Arshak Lands and that the apportionment and collection approach used by Dania is fair and reasonable. (B) Arshak 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. Arshak concurs that, in this instance, it is fair and reasonable to allow Arshak to include an amount 2 I equivalent to one-fifth (1/5th) of the Fire Rescue Assessment which should have been imposed upon and paid by Arshak 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 Arshak Lands for each Fiscal Year commencing with the non-ad valorem assessments imposed in Fiscal Year 1997-1998 shall be increased by $3,888.53 each year ($19,442.65 + 5) for the next five fiscal years. (D) In the event the Arshak Lands are subdivided, Arshak fails to pay its taxes or assessments in any fiscal year prior to same becoming delinquent, or the Arshak 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 such an event of acceleration. (E) Arshak hereby consents to the collection of the Omitted Assessment, as n n; co provided for herein, using any method selected by Dania, including but not limited to the m Uniform Assessment Collection Act or direct billing. (F) This Consent Agreement shall be deemed to run with the Arshak Lands, 0 touch, benefit and concern such lands, and be binding upon Arshak and its successors and 'N assigns. SECTION 3. GENERAL PROVISIONS. I (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, Arshak hereby agrees to indemnify ,1 and hold harmless Dania for any costs of litigation arising from a challenge to Dania's collection of the Omitted Assessment or a challenge to Dania's enforcement of this 3 Consent Agreement, including but not limited to attorneys' fees and costs suffered by Dania or Arshak. (B) This Consent Agreement shall terminate upon payment in full to Dania of an i 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 Arshak Lands for Fiscal Year 1996-1997; and there are no other agreements between the parties in conjunction to the subject matter hereof, except as specifically set forth herein. IN WITNESS WHEREOF,Arshak and Dania have caused this Consent Agreement to be duly executed and entered into this 29 day of October 1997. } WITNESSES: ARSHAK CORP., a Florida corporation ZON A. I1/N/�EN By: President CO CITY OF DANIA 0 By. Robert i e C Its Ma is 'oner !ATTEST: BY: CIT ?(O;;yAhRRECTNESS: j B APPROVED O +. a rk BY:- 1-010 INTERIM TY ATTORN I 4 STATE OF FLORIDA COUNTY OF a R owAR h The foregoing Consent Agreement sworn to and subscribed before me this 9A day of Oc�abar , 1997 by Aris Hartunian, President, Arshak Corp., a Florida corporation. He is personally known to me, and did take an oath. nted Name: Notary Public, State of Florida At Large My Commission Expires: Commission No.: go] MY C6"07ma,2001STATE OF FLORIDABWWWws COUNTY OF BROWARD The foregoing Co sent Agreement was sworn to and subscribed before me this of day _ , 1997 by Robert Mikes, Mayor-Commissioner, City of Dania, Florida. He is personally known to me and did take an oath. � 0,1 II i Printed Name: SALtnLAn`Rc&id- Notary Public, State of Florida At Large My Commission Expires: Commission No.: co x CHARUM r-SUMMAACC" Notary FUDW.Stateof norm co Mrcarmmiwon Elpmwg 12-20M commlww N CC660M CD c� 0 0 J r i 5 APPENDIX A TO CONSENT AGREEMENT ARSHAH LANDS i PARCEL 1: LOTS OR TRACTS 3, 5 AND 6, BLOCK 1, OF THE SUBDIVISION OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOR 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, WHICH CONTAINS APPROXIMATELY 30 ACRES. PARCEL 2 : THE WEST 330 FEET OF LOT 4 IN BLOCK 1 OF THE SUBDIVISION OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE NORTH 35 FEET THEREOF, WHICH IS GRANTED TO BROWARD COUNTY, FLORIDA BY DEED RECORDED APRIL 13, 1960 IN OFFICIAL RECORDS BOOK 1895 AT PAGE 219 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS LYING, SITUATE AND BEING IN BROWARD COUNTY, FLORIDA. co N co F co O U7 i i J RESOLUTION NO. 156-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A CONSENT AGREEMENT WITH ARSHAK CORP. 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 Arshak Corp. the opportunity to pay an amount equivalent to the fire rescue assessment that should have been imposed upon Arshak Corp. 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 m CITY OF DANIA, FLORIDA, AS FOLLOWS: N co SECTION 1. The Consent Agreement executed by Arshak Corp., as set forth in r co 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 p rn Consent Agreement in the Official Records of Broward County, Florida. I 1 I SECTION 2. This Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 28 day of October 1997 i ROBERT MIKES MAYOR - COMMISSIONER ATTEST: MARIE J. J ALEE CITY CLERK -AUDITOR APPROVE S 0 FOR ND CORRECTNESS TIM RYAN, PVT ITY ATTORNE ` o m � r OD a") KCCEDED IN THE CI'FVAL RECCR S SC„'' OF 5ROWARC COUNTY, FLCROA O COUNTY kOMINISTRATOR ►1 RESOLUTION NO. 156-97 2 r 4" r 'r r t ?rF e r y f , s ioi iIJ i i/ �xy�•pt✓r 1� fli.v c�C,::