HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-112Temp. Reso. 12099
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September 30, 2011
CITY OF TAMARAC, FLORIDA
RESOLUTION R-2011- l/O/L
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ACCEPT AN AMOUNT NO LESS THAN TEN
THOUSAND AND 00/100 DOLLARS ($10,000.00) IN
CONSIDERATION OF ISSUING A RELEASE OF THE MORTGAGE
GRANTED BY MARTHA ULLOA WITH RESPECT TO THE CITY'S
HOMEOWNER REHABILITATION PROGRAM DEFERRED
PAYMENT LOAN AGREEMENT AND PROMISSORY NOTE
RELATED TO PROPERTY LOCATED AT 4607 NW 48T" STREET,
TAMARAC, FLORIDA; RETAINING THE RIGHT TO PURSUE
COLLECTION OF THE FUNDS PURSUANT TO THE
PROMISSORY NOTE EXECUTED BY MARTHA ULLOA AND JUAN
ULLOA FOR THE FUNDS PROVIDED BY THE CITY PURSUANT
TO THE CITY'S HOMEOWNER REHABILITATION PROGRAM;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AND DELIVERY DOCUMENTS NECESSARY AND
CONSISTENT WITH THE INTENT OF THIS RESOLUTION,
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about October 14, 2009, the City of Tamarac, Florida
(hereinafter referred to as the "City"), provided funds in the amount of Eighteen
Thousand Three Hundred Eighty Five and 60/100 Dollars ($18,385.60) to Juan H. Ulloa
and Martha L. Ulloa pursuant to a City Homeowner Rehabilitation Program Deferred
Payment Loan Agreement ("Agreement"); and
WHEREAS, pursuant to the Agreement, Juan and Martha Ulloa used the funds to
rehabilitate their residence located at 4607 NW 48th Street, Tamarac, Florida, (the
"Property"), and remain the owner of the home for a ten (10) year period from the date of
the Agreement; and
Temp. Reso. 12099
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September 30, 2011
WHEREAS, on June 30, 2011, Juan Ulloa conveyed his interest in the Property to
Martha Ulloa (the "Owner")- and
WHEREAS, the Owner has been threatened with foreclosure, and has been able to
negotiate a short sale with Chase to avoid foreclosure of their mortgage, subject to the City
agreeing to accept an amount not to exceed Three Thousand Six Hundred and 00/100
($3,600.00) in full satisfaction of the City's interest in the Property; and
WHEREAS, the City's Administration has reviewed the request from the Owner,
and finds that the proposed short sale is the only opportunity for the Owner to avoid
foreclosure, and for the City to obtain any return of any funds provided to the Owner; and
WHEREAS, the City Commission has reviewed City Administration's
recommendation, the facts related to the condition of the Property, the removal of the
improvements from the Property, and the current status of Ms. Ulloa's property ownership
within the City, and deems it to be in the best interests of the citizens and residents of the
City to accept an amount no less than Ten Thousand and 00/100 Dollars ($10,000.00) in
consideration of providing a release of the mortgage granted by Ms. Ulloa as to the
Property; and
WHEREAS, the City Commission specifically retains the right to pursue the
recovery of the funds provided to Martha Ulloa and Juan Ulloa, pursuant to the terms and
conditions of the Promissory Note executed by Martha Ulloa and Juan Ulloa, as part of the
City's Homeowner Rehabilitation Program for the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
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Temp. Reso. 12099
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September 30, 2011
Section 1. The foregoing 'WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
Section 2. The City Commission of the City of Tamarac, Florida hereby
approves the acceptance of no less than Ten Thousand and 00/100 Dollars ($10,000.00)
in consideration of the release of the mortgage granted to the City by Martha L. Ulloa, for
the property located at 4607 NW 48t" Street, Tamarac, Florida 33319, and authorizes the
City Manager and City Clerk to execute documents to release the City's interest in the
Property.
Section 3. Notwithstanding the release of the mortgage, the City Commission
specifically retains the right to pursue the recovery of the funds provided to Martha Ulloa
and Juan Ulloa, pursuant to the terms and conditions of the Promissory Note executed by
Martha Ulloa and Juan Ulloa as part of the City's Homeowner Rehabilitation Program for
the Property.
Section 3. All resolutions or parts of resolutions in conflict herewith be, and the
same are hereby repealed to the extent of such conflict.
Section 4. If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Temp. Reso. 12099
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September 30, 2011
Section 5. This Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE CITY OMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF , 2011.
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PETER RICHARDSON, ��� ► ►``��
CITY CLERK
I HEREBY CERTIFY that I
Have approved this
RESO TION as to farm.
CITY
CI OF TAMARAC, FLORIDA
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PAMELA BUSHNELL, MAYOR
P. BUSHNELL G�
M. GOMEZ
M. SWENSON
D. GLASSER
H. DRESSLER
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