HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-032Temp. Reso. #12008
March 23, 2011
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RESOLUTION NO. ,�� �v1 � .
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA APPROVING AND AUTHORIZING THE
EXECUTION OF THE SECOND AMENDMENT TO THE
AGREEMENT FOR THE PURCHASE AND SALE OF REAL
PROPERTY BETWEEN THE CITY OF TAMARAC AND M&M
SOUTH PROPERTIES, LLC; AUTHORIZING AND DIRECTING
THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL
ACTION NECESSARY AND EXPEDIENT TO EFFECTUATE
THE INTENT OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, on or about February 23, 2011, the City of Tamarac ("City")
and M&M South Properties, LLC ("M&M"), entered into an Agreement for the
Purchase and Sale of Real Property (the "Agreement") for the property located at
8991 W. Commercial Boulevard, Tamarac, Florida; and
WHEREAS, the Agreement was amended pursuant to a First
Amendment which extended the Inspection Period to March 18, 2011; and
WHEREAS, the Agreement provides for a Closing Date of March 24,
2011, however the authorized representatives from M&M will be out of town
and unavailable to close on that date; and
WHEREAS, the City and M&M seek to extend the Closing Date to
March 31, 2011, in accordance with the Second Amendment to the Agreement
for the Purchase and Sale of Real Property ("Second Amendment"), attached
hereto as Exhibit "A" and incorporated herein; and
Temp. Reso. #12008
March 23, 2011
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WHEREAS, the City and M&M agree that extending the Close Date
pursuant to the Second Amendment is in the best interests of both parties.
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 incorporated herein
and made a part hereof. All exhibits attached hereto are incorporated herein
and made a specific part hereof.
Section 2. The City Commission of the City of Tamarac, Florida,
hereby approves and authorizes the execution of the Second Amendment to the
Agreement for the Purchase and Sale of Real Property, attached hereto as
Exhibit "A", thereby extending the Closing Date of the Agreement to March 31,
2011.
Section 3. The City Commission of the City of Tamarac hereby further
authorizes and directs the appropriate City officials to take any and all action
necessary and expedient to effectuate the intent of this resolution.
Section 4. All resolutions inconsistent or in conflict herewith shall be
and are hereby repealed insofar as there is conflict or inconsistency.
Section 5. If any section, sentence, clause, or phrase of this
resolution is held to be invalid or unconstitutional by any court of competent
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Temp. Reso. #12008
March 23, 2011
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jurisdiction, then said holding shall in no way affect the validity of the remaining
portions of this resolution.
Section 6. This resolution shall become effective upon its passage and
adoption by the City Commission.
PASSED AND ADOPTED BY THE CITY COMMISSI N OF THE CITY OF
TAMARAC, FLORIDA THIS s DAY OF - Lin, , 2011.
ATTEST:
PETER M. A RHARDSON,
CITY q\-
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SHED 4
ESTABI-t :
1963
p•• SEAL p =
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CITY OF TAMARAC, FLORIDA
y 9Lt- G L 61 �/ t I F
PAMELA BUSHNELL, MAYOR
CRM, CMC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
1EL S.,'G(
ATTORN
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RECORD OF COMMISSION VOTE:
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSER L�^
DIST 4: COMM. DRESSLER
MAYOR BUSHNELL
c:
03/21/2011 12:27 9549238402 PAGE 02
WHSRIM, the City of TanUMC, a Marida municipal eorlpera#aaa (this "Prachas6e)
and M & M South Propert*, LLr, it Florida limited liability company (the " selleel
entered into. that certain Agreement for Pumbese and Bala of Red Property (the
"Agmement'l dated February 23, 2011 concerning flip real property located at 8991 W.
Commial Blvd. (NW 57 Street), Teak, FL (the "Property).
WHMAS, the Agreement was amended by that certain Amendment to Purchase and
Sale of Reel Propetty Agreement f Firaat At ono enn dated March 10, 2011 io extend the
luspection Period to March 18, 2011.
W1:IER'BAg, the Seller will be out of tvw,c vu'the`islosing date ot"Maxah 24, 20X 1,
WIl`fiRBAS, the Purchaser and Seller have agreed to extend the Closing Date as defined in
the Agreement.
NOW TMREFORE,
Seller and Pmhasear agree to the following:
I. The Whereas clauses are hereby ratified and confirmed.
2. Paragraphs 1.2 and 12 of the Agreement alb h6reby amended to provide that the
Closing Dale is extended until March 31, 2011.
3. All other twna and provisions of the Agreement net otherwise MoMed by the First
Amendment and this Second Amendment are hereby ratified and aon$rmed, a>ndxhall
remain in flrll force and fleet.
In the event of any iucon A t wies between -this Second Amendtx►ent and the Agreemsnt,
the provisions coxatauined in this Second Amenidment'shall parevall. In any other respects, the
Agreement remains =changed.
SELLIM: . FMCELASER:
M&M South Properties, LLC, a Florida City of Tamarac, a Florida municipal
limited liability y corporation
By; G&A Realty ts, Tuc., a Florida
Corporation - or
. "n-fives, Presidont 44Y-- Michael Comech, City Zgarger
Signed on March 4K2011 Signed an MarsO ok-
011
(PLEASE SM ADDITIONAL SIGNA,TUR.I;`+ ON kAOE 2)
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03/21/2011 12:27 9549238402
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FELLER CONT.:
By: A ' lhlm viv — Member
By: Andoly Trustee
Co -Trustee
Signed on March Z iol T
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