HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-080 Temp. Reso. # 13489
August 17, 2020
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020 - ORS
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
TERMINATING THE RIGHT-OF-WAY
MAINTENANCE AGREEMENT WITH HAMPTON
HILLS COMMUNITY ASSOCIATION, INC., DATED
NOVEMBER 22, 2006 IN ORDER TO FACILITATE
THE DEVELOPMENT OF THE TAMARAC
VILLAGE PROPERTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 22, 2006, the City of Tamarac ("City") entered
into the Right-of-Way Maintenance Agreement ("Agreement") with Hampton Hills
• Association, Inc. ("Association") to provide for the Association to install, repair,
and maintain landscaping and irrigation improvements within the City's right-of-
way along NW 91st Avenue between the main entrance of the Hampton Hills
Subdivision and NW 57th Street, a copy of the Agreement is attached hereto as
Exhibit "A"; and
WHEREAS, as a result of the development of the Tamarac Village
property, which adjoins the Association property, the City and the Association
agree that the Agreement is no longer needed, and the Association submitted a
request to the City to terminate the Agreement; and
WHEREAS, the City Administration recommends termination of the
Agreement; and
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Temp. Reso. # 13489
August 17, 2020
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WHEREAS, the City Commission of the City of Tamarac, deems it to be in •
the best interests of the citizens and residents of the City of Tamarac to terminate
the Agreement and authorize the City Manager to take any and all action to
effectuate the termination of the Agreement with the Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
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. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac pursuant to the
request from the Association consents to and agrees with the termination of the •
Agreement. The termination shall be effective upon the effective date of this
Resolution. The City Manager is hereby authorized to take any and all action
necessary consistent with this Resolution, to effectuate the termination of the
Right-of-Way Maintenance Agreement between the City and the Hampton Hills
Association, Inc.
SECTION 3: All resolutions or parts of resolutions in conflict herewith 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. •
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August 17, 2020
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1110 SECTION 5: This Resolution shall become effective immediately upon
adoption.
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PASSED, ADOPTED AND APPROVED this 7 day
2020.
/ ,( ),
Michelle J. Gomez
MAYOR
ATTEST:
J IF JC-H ON, CMC
ITY CLERK
1111) RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V./M. BOLTON ._
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SA UEL S. GOR N
CITY ATTORNE
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