HomeMy WebLinkAboutCity of Tamarac Resolution R-94-1011
Temp. Reso. # 741
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-94- /0/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA; AGREEING TO ACCEPT
CONTRIBUTION IN AID TO CONSTRUCTION (CIAC)
FEES OF $25,630.20 IN LIEU OF $39,568.00 FROM
HERITAGE ACQUISITION CORPORATION FOR THE
WOODLAND COVE WATER AND SEWER DEVELOPERS
AGREEMENT, PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on January 25, 1989 the City of Tamarac entered into a
Water and Sewer Developers Agreement for Woodland Cove between the
City of Tamarac and Zahn Atlantic Development Corporation and Woodland
Cove a joint venture; and
WHEREAS, the duly recorded Water and Sewer Developers Agreement
indicated that the developer has paid to the City the sum of $75,239.00
for contribution charges; and
WHEREAS, to date $39,568.00 are owed for contribution charges; and
WHEREAS, the subject property was acquired via foreclosure on a
first mortgage held by Heritage Acquisition Corporation; and
WHEREAS, Heritage Acquisition Corporation took the property based
on the information in the Water and Sewer Developers Agreement that the
contribution charges had been paid in full; and
2
Temp. Reso. # 741
WHEREAS, it is the recommendation of the City Manager that the City
Council accept $25,630.20 in lieu of full payment of the outstanding
contribution charges due of $39,568.00; and
WHEREAS, the City Council of the City of Tamarac, Florida deems it
to be in the best interests of the citizens and residents of the City of
Tamarac to accept $25,630.20 rather than pursue a claim for $39,568.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
$FQ TIQ.b1_J The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific
part of this Resolution upon adoption thereof.
SECTION 2: The City Manager is authorized to enter into an
agreement with Heritage Acquisition Corporation by which the City will
accept $25,630.20 in full payment for all contribution charges still owing
under the January 25, 1989 Water and Sewer Developers Agreement
regarding Woodland Cove. The City Manager is further authorized to
execute all agreements related to the settlement of this matter.
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTIQA A:, 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.
1
1
1
9
Temp. Reso. #6741
SECTION 5: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL A. EVANS
CITY CLERK MAYOR
DIST. 1:
DIST. 2:
1 HEREBY CERTIFY that I DIST.3:
have approved this DIST.4:
RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
woodland cove/dn
day of 1994.
q► "ALAA
O. •
u_ 0: i
RECORD OF COUNCIL VOTE
_ABRAMOWITZ
V / M KATZ
C / M MISHKIN
C / M SCHREIBER L.
C / W MACHEK 119,10