HomeMy WebLinkAboutCity of Tamarac Resolution R-78-036A��
Introduced by:_ �`C+�� ���� � �5Temp. # L/�� i
CITY OF TAMARAC, FLORIDA /�
RESOLUTION NO.F--rd,�3 A
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO FILE AN ACTION IN THE CIRCUIT COURT
TO DECLARE THE RIGHTS, DUTIES AND OBLIGATIONS OF
THE APPROPRIATE PARTIES TO CERTAIN AGREEMENTS FOR
THE COLLECTION AND DISBURSEMENT OF MAINTENANCE
FEES, THE PERFORMANCE OF MAINTENANCE FUNCTIONS,
THE ENFORCEMENT OF DEED RESTRICTIONS AND THE
COLLECTION AND PAYMENT OF RENTALS UNDER RECREATIONAL
LEASES; THE TITLE TO REAL PROPERTY; AND AN ACCOUNTING
BY AND BETWEEN THE CITY OF TAMARAC AND TAMARAC ENTER-
PRISES INC., ITS PREDECESSORS, SUCCESSORS AND ASSIGNS
WHEREAS, the City of Tamarac entered into contractural
agreements with Tamarac Enterprises, Inc., or its predecessors,
successors and/or assigns and thereby assumed certain obligations
for the collection and disbursement of maintenance fees, the
performance of maintenance functions, the enforcement of deed
restrictions and the collection and payment of rentals under
recreational leases, and
WHEREAS, the City of Tamarac was to receive certain
benefits including but not limited to title to certain real property
and the improvements thereon for accepting the responsibility for
the collection and disbursement of maintenance fees, the perform-
ance of maintenance functions, the enforcement of deed restrictions
and the collection and payment of rentals under recreational leases,
which benefits were conditioned upon future performance by the City
of Tamarac, and
WHEREAS, the City of Tamarac desires to and has by res-
olutions rescinded all agreements and obligations by and between
the City of Tamarac and Tamarac Enterprises, Inc., its predecessors,
successors and assigns, and
WHEREAS, the City of Tamarac desires to seek a judicial
determination of its rights, duties and obligations under the
agreements for the collection and disbursement of maintenance fees,
the performance of maintenance functions, the enforcement of deed
restrictions and the collection and payment of rentals under
recreational leases together with a determination of the rights,
duties and obligations of its citizens, Tamarac Enterprises, Inc.,
its predecessors, successors and assigns, in and to actions taken
by the City; for a determination of title to certain real property;
and for an accounting of funds collected and disbursed by the City
of Tamarac pursuant to the aforementioned agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the City Attorney of the City of Tamarac
is hereby authorized and directed to file an action in the Circuit
Court to declare the rights, duties and obligations of the
appropriate parties to certain agreements for the collection and
disbursement of maintenance fees, the performance of maintenance
functions, the enforcement of deed restrictions and the collection
and payment of rentals under recreational leases; the title to
real property; and for an accounting by and between the City of
Tamarac and Tamarac Enterprises, Inc., its predecessors, successors
and assigns.
SECTION 2: That the City Attorney will as well seek a
determination of the rights, duties and obligations of the citizens
of the City of Tamarac pursuant to the aforementioned agreements.
SECTION 3: This Resolution shall become effective
immediately upon its final passage.
PASSED, ADOPTED AND APPROVED thizolrl—day of 511978
a
ATTEST: MAYOR
LOTY CLERK
I HEREBY CERTIFY that I have approved the
form and correctness of this RESOLUTION
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CITY A OR Y
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