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Home My WebLink AboutAgreement for Conveyance of Real Propertyi JAN 12 AN i OFFICE OF THE COUNTY ATTORNEY Edward A. Dion RECEIVED 115 S. Andrews Avenue, Suite 423 County Attor BROWARD COUNTY ?CM AUr, r�V'�"ti( OF TAMA�AC $ FAR (W57rdale, FL 33301 CITY MAHAGER (954) 357-7600 • Fax (954) 357-7641 • Suncom *Cko CITY OF TAMARAC, January 10, V111 (t.,E-RK Our File: 00-089 W. Craig Eakin, Esq. W. Craig Eakin, P.A. 2900 East Oakland Park Blvd. Fort Lauderdale, FL 33306 Re: Agreement Between Broward County and City of Tamarac for Conveyance of Real Property for Public Library Dear Craig: Enclosed for your records is a copy of an executed original of the referenced Agreement. By copy of this letter I am sending the original to Jeffrey L. Miller, City Manager, as requested by him in his letter of November 30, 2000. Pursuant to paragraph 3 of the Agreement we hereby request that the City provide us with a commitment for an owner's policy of title insurance within thirty days together with legible copies of all exception documents. I understand that we have agreed that you will act as title insurance agent. In ,preparing for the closing it will be necessary to document easement rights and obligations regarding parking, drainage and access. I understand that you will be preparing a draft agreement. Yours truly, I-CL�- Anitra D. Lanczi Assistant County Attorney cc: Jeffrey L. Miller, City Manager Wend. Samuel F. Morrison, Director, Libraries Division Kathleen Imhoff, Assistant Director, Libraries Division Ed Maurice, Director, Construction Management Division w/encl. H:\DATA\DIV3\4DL\DPW\Libraries\Eakin.let BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Employer and Provider of Services Josephus Eggelletion, Jr. Ben Graber Suzanne NGunzburger Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr. Jornes A. Scott Diano Wasserman -Rubin Visit us on the Internet: www.broward.org/legal _ __ ATTACHMENT #2 TEMP RESO #9211 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR CONVEYANCE OF REAL , PROPERTY FOR PUBLIC LIBRARY This is an Agreement between Broward County, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY", through its Board of County Commissioners, and the City of Tamarac, a municipal corporation organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY". WHEREAS, the City of Tamarac presently owns real property within its corporate limits and desires to convey such real property to COUNTY for the construction and operation of a public library; NOW, THEREFORE, In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: 1. Description of Land: CITY hereby agrees to convey to COUNTY for ten dollars ($10.00), and other good and valuable considerations, (a) the real property described in Exhibit "A", and (b) a non-exclusive permanent easement for vehicular parking, drainage, and access over the real property described in Exhibit "B". 2. Conve ance: CITY shall deliver to COUNTY fee simple title to the real property described in Exhibit "A" by Warranty Deed, conveying good clear record marketable and insurable title, but reserving unto CITY a non-exclusive permanent easement for vehicular parking and access. Delivery shall be within fourteen (14) days of written notice from COUNTY's director of Libraries Division. COUNTY agrees to accept the real property described in Exhibit "A" in its "as is" condition. At the same time, CITY shall deliver to COUNTY a non-exclusive permanent easement for vehicular parking, drainage, and access over the real property described in Exhibit "B" by Easement Deed_ After written notice from County's director of Libraries is issued, CITY and COUNTY may mutually agree in writing to extend the time in which CITY must deliver the deeds to COUNTY. Prior to sending written notice, COUNTY's director of Libraries Division shall conduct whatever due diligence COUNTY determines is appropriate. COUNTY acknowledges that CITY has delivered copies of certain information describing the site which are in records held by CITY and will deliver other records held by CITY upon request. COUNTY shall have the right to inspect and conduct tests on the real property described in Exhibit "A" at any time prior to delivery of the deeds, and CITY shall cooperate with COUNTY regarding any such inspections and tests upon request. If the results of any such inspections or tests are unsatisfactory to COUNTY, COUNTY may cancel this agreement. The title to the real property described in Exhibit "A" shall be subject only to: (a) building and zoning laws, ordinances, state and federal regulations; (b) restrictions relating to the use of the property recorded in the Official Records and not adversely affecting the proposed use; (c) reservation of any mineral rights by the State of Florida or any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the property, including submerged, filled and artificially exposed lands, and lands accreted to such lands; (d) utility and drainage easements which do not interfere with the proposed use of the real property; (e) appropriate reversion language pursuant to the provisions of Paragraph 5, below; and (f) reservation to CITY of a non-exclusive, permanent easement for vehicular parking and access. COUNTY may waive any title defect by written notice to CITY. It is the intent of this Agreement that the real properties described in Exhibits "A" and "B" shall have cross -easements for the purposes of vehicular parking and access. 3. Examination and Title: Within thirty (30) days of request by COUNTY, CITY shall provide evidence of title to COUNTY on the real property described in Exhibit "A", only, which shall consist of a commitment for an owner's policy of title insurance issued by an insurer licensed to write title insurance in Florida, with an insurable value equal to the fair market value of the property, together with legible copies of all exception documents. CITY shall not be required to provide evidence of title, a title commitment, or title insurance on the real property described in Exhibit "B". COUNTY shall pay the cost of -abstracting, title review, governmental lien searches, cost of obtaining payoff or estoppel letters, state documentary stamps on the deed and the cost of recording any corrective instruments. COUNTY shall pay the cost of recording the deed, cost of appraisal and the premium for the owner's policy of title insurance (at the promulgated rate). CITY shall select the title insurance agent who will provide the title insurance. 4. Construction: COUNTY hereby agrees to design and construct upon the real property described in Exhibit "A" public library facility together with other improvements. COUNTY shall be responsible for all construction of the public library facility including but not limited to land preparation. In addition, COUNTY hereby agrees to design and construct upon the real property described in Exhibit "B" an access road running from the existing Commercial Boulevard driveway to the real property described in Exhibit "A", and landscaping associated therewith. COUNTY shall work with all reasonable diligence to complete construction of the Library. The CITY does not intend to undertake construction on the real property described in Exhibit "A". 5. Use of Premises: COUNTY shall use the Real Property for library purposes and agrees to operate the Library as part of a COUNTY public library system which shall include, but not be limited to, providing library staff, library books, library materials, library equipment, and library services. In the event COUNTY uses the Real Property for other than library purposes, CITY shall have the right to give written notice to COUNTY demanding discontinuation of the improper use. If COUNTY does not discontinue the improper use within sixty (60) days after it receives the notice from CITY, this Agreement shall terminate and the real property described in Exhibit "A" shall revert to CITY. COUNTY shall be responsible for those costs of operating the Library as set forth in this Agreement. The terms of the Agreement for the reversion of the property to CITY in the event COUNTY uses the property for other than Library purposes shall be included in the Warranty Deed from CITY to COUNTY. 6. Maintenance of Library,Building: COUNTY shall maintain both the interior and exterior of the library building in a clean and attractive state of appearance and in good repair. It is specifically understood between the parties that COUNTY shall be fully responsible for maintaining the building, which shall include the exterior and interior physical condition of the building, roof, plumbing, electrical system, and the heating and cooling systems. COUNTY also agrees to maintain and to keep the real property described in Exhibit "A" in a clean and attractive state of appearance and in good repair. 7. Utilities: COUNTY shall have the right to arrange for utilities to exclusively serve the Library including, but not limited to, water, fuel, gas, electricity, garbage, telephone and sewage charges. All such charges shall be paid by COUNTY. 8. Taxes and Assessments As of the date of this Agreement, CITY represents that it has no records of liens on the real property described in Exhibit "A", there are no special assessments by CITY on the real property described in Exhibit "A", nor has CITY received notice from any outside agencies of liens or special assessments on the real property described in Exhibit "A". CITY will not be responsible for any such assessments or liens after the conveyance of the real property described in Exhibit "A" to COUNTY. 9. Assignment: Neither COUNTY nor CITY shall assign this Agreement. This provision shall not be construed to prohibit COUNTY from granting persons or entities the right to occupy or use space in the Library. 10. Cancellation: This Agreement shall not be subject to cancellation except: (a) as provided in Section 5; (b) by either party if COUNTY has not sent written notice as permitted by Section 1 within two (2) years after execution of this Agreement; (c) by COUNTY, if COUNTY has not issued and sold Broward County General Obligation Bonds in the amount of One Hundred Thirty-nine Million Dollars ($139,000,000) as authorized by voter approval on or about March 9, 1999, or (d) by COUNTY any time prior to delivery of deed(s) as permitted by Section 2. 3 11. Notices: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States mail, postage prepaid, return receipt requested, or by hand delivery with a request for a written receipt of acknowledgement of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Broward County Director of Libraries Division 100 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR CITY: City Manager City of Tamarac 7525 NW 88 Avenue Tamarac, Florida 33321 12. Warranties: CITY is not aware of any notices of violation or restrictive covenants on the real property described in Exhibit "A". Access to the Library and the real property described in Exhibit "A" shall be as indicated on the site plan (alternate number 5) as prepared. by Cartaya and Associates Architects, PA, a copy of which is attached hereto as Exhibit "C". 13. Default: If either party defaults in any of the terms herein, the other party may terminate this Agreement. If this Agreement is not so terminated, this provision shall not deprive the non -defaulting party of the right to specific performance of this Agreement. 14. Time of Essence: Time is of the essence in this Agreement. 15. Survival of „Obligations: The obligations set forth in this Agreement shall survive delivery of the deed (s) required hereby. 16. Entire Agreement: This Agreement, the attached Exhibits "A", "B" and "C", and any addenda or amendments signed by the parties, shall constitute the entire Agreement between CITY and COUNTY, and supersedes any other written or oral agreement between them. This Agreement can only be modified in writing signed by CITY and COUNTY. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY 4 k COMMISSIONERS, signing by and through its Chair or ice Chair, authorized to execute same by Board action on the (�#'°_ da of 2000 � and CITY, signing by and through its • �cduly authorized to execute same. ( n1INTY ATTEST: Broward County Administrator, as Ex-officio Clerk of the Broward County Board of County Commissioners BROWARD COUNTY, by and through Its Board of County Commissioners By -�-- hair .00 Approved as to form by EDWARD A. DION, County Attorney C041, For Broward County, Florida cA9 �ip} Governmental Center, Suite 423 V Orr rF� © 115 South Andrews Avenue r9' rSr z Fort Lauderdale, Florida 33301 rg ; --a Telephone: (954) 357-7600 IJ F.1 co Telecopier: (954) 357-7641 k By �-n 1 Z-Z2 Zoos ANITRA LANCZZ ASSISTANT L COMM ATTORNEY 5 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature, the CITY OF TAMARAC through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, duly authorized to execute the same. ATTEST: Marion Swenaon, CIVIC City Clerk Date: / 11 CITY OF TAMARAC By: Joe Schreiber, Mayor f Date: T By: ,�� A-tZ Jeffr L . filler, City Manager Date: Approved as to form and legal itchell S. Kraft, CWPtorney STATE OF FLORIDA :SS COUNTY OF ��- Before me personally appearedjot° /MVrrfie well known and known to me to be the person; described in and who execu ed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed, t-A"7 WITNESS my hand and official seal, this -:Jday of A,kyer-n/,Y,� , 2000. My Commission Expires: ( personally known to me ( ) Produced Identification ( ) Did take an oath, or ( --YDid Not take an oath, N 7 ) � NOTARY PUBLIC, State of Florida At Large Print or Type Name of Notary OFFICIAL NO TARYSEAL MARION SWENSON NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC605215 MY COMMISSION F.XP. DFC.15,2000 EXHIBIT "All � e :f �1 '� 9 � ej se; �$ E l is Ill X141, lot" I i d 'i tits % oA V- !G .12 a A N.W, R8th. AVENUE f 7ffII. nnII� IIP's.lil_J j 9� 1r;i ; �i - . ! 4 — — --- — — -- — L, pff� "c JA d% _ 1 E � Is "fie so 9 �Giyyil�+ E¢1ij1 �� •j ".�"�+Y� 7i.E BOUNOAAY SURVEY CITY OR TAMAAAC - LIGiRARY drhO� A AAo„ abCGA7EAA A PORTION OF LOT15 11-14, BLOCK ■ CrrY iM TAMMU.0. 61MC— o GGU rrr. PLOMM-A ....... i A PG. 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION: A PORTION OF LOTS 11, 12,13 AND 14, I3LOC'K 8, LYONS COMMERCIAL SUBDIVISION, ACCORDING TO'l-IlL, PL.IVI "THEREOF RECORDED IN PLAT BOOK 69, PAGE 42 OF THE P1 M1.1C' RECORDS OF BROWARD COI1N'fY, FLORIDA. MORE PARTICULARLY DESC:RJT3F.I) AS FOLLOW& COMMENCE AT'1'11L SOUTHEAST CORNER OF LOT 2 OF SAID BLOCK 8; 1'III NGG ON AN ASSUMED BEAFUNG OF N.01-00'36"E_, ALONG THE FAST LTNF. (:)1' SAlD LOT 2 A DISTANCE OF 7.00 FEET, TO A POINT ON A LINE SEVEN (T) Fl;ET NOR-1'll OF AND PARALLEL WIT11'THE SOUTH LINE OF SAID BLOCK 8; THENCE N.88059'24"W., ALONG SAID PARALLEL I.INF. A DISTANCE. OF 925.99 FEET TO A POINT 26.0 FELi'I- WEST 0I''1"11L" EAST LINE OF SAID LOT I I. SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE N.88°59'24"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 42.34 FEET'TO A POINT 31.7VECT EAST OF THE. WEST L1NP OF SA IT) r,0"r 11; THENCE N,M 33'23"W., A DISTANCE. OF 200.36 FEET TO A POINT ON A LINE 19.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF 13LOCK 8. SAID POINT LILTING 31.7 FEET EAST OF TIE WEST LINE OF r,OT 13: THENCE N.88"59'24"W., ALONG SAID PARAT.LF.T. LINF. A DISTANCE OF 141.37 FEET TO A POINTOF THE.. WEST LINF, OF SAID LOT 14; THENCE N.00001'28"W., A DISTANCE OF 281.05 FEET -1'0 THE NORTHWEST C:ORNFR OF LOT 14 OF SAID BLOCK 8; THENCE S.883 59'24"E., ALONG- THE. NORTH LINE OF SAID BLOCK 8, A DISTANCE Of. 388.78 FEET; THENCE S-0I "00 ;36"W., A DISTANCE OF 7,93.00 FEET TO THE. POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF TAMARAC, 13ROWARD COUNTY, FLORIDA CONTAINING 2.53 ACRE''S (110,243 SQUARE FEET) MORE OR LESS, PG. 2 of 2 Exhibit B LE,GAI. DESCRIPTION: A PORTION OF LOTS 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, RLOC.K 8, LYONS COMMERCIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 69, PAGE 42 OFTHE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. MORE, PARTICULARLY DESCRIBED AS FOLLOWS! " COMMENCE AT THE SOUT14FAST CORNER OF SAID LOT 2; THENCE ON AN ASSUMED BEARING OF NORTH 01000'36" FAST ALONG THE EAST LINE OF SAID LOT 2 A DISTANCE OF SEVEN (71) FEET TO A POINTON A LINE SEVEN (T) FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID TILOCK 8. SAID POINTAI: SO BEING THE POINT OF BEGINNING; THENCE NORTH 88059'24" WEST ALONG SAIL) PARALLEL LINE A DISTANCE OF 926,00 FEET TO A POINT 26.0 .FEET WEST OF THE FAST LINE OF SAID I.,OT 1 l; THENCE NORTH 01000-36" EAST A DISTANCE OF 293.00 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK 8; TITENCE NORTH 88059'24" WESTALONG SAID NORTH LINE OF BLOCK 8, A DISTANCE. OF 926.00 FEET; THENCE SOTJTII 01000136" WEST ALONG SAID EAST LINK, A D1STANCF. OF 293.00 FEET TO THE POINT OF BEGINNING. SAID LANDF SITUATE WIHTIN THE CITY OF TAMARAC, BROWARD COTJNTY, FLORIDA CONTAINING 6.23 ACRES (271,316 SQUARE FEET), MORE, OR LESS. e- qt1/ fyq ply O}F2e? 1 �l)� N M C z r � F � al• v.� �v� n Od27 EXHIBIT "C" N.W. 86TH. Av=—nu- TST LIN[ Of LOT M BLOCK e I, 1 4 1 \ H I ti 1 I, gn I n� 1 II n n C7 C7 rn II x I> is y r I m ' - I n W all I N O j rm I 1 � I 1 iN1 C `Yl TAMARAC UnRARY i"z BROWARD COUNTY PUBLIC LIBRARY CASE NO. 27-MI-00 - TEMP RESO #9211 [T. IF mN�!0 AAUPAJI f�L' i 1 V H DICE �FEE= _==l _,_ - - - . - TREE g i_i1TLIT ff-FT-M TT F[7. -I IFFEIR --- A. . ...... Z. L JiL TTFI�T i S S�l 6 - .. (TFFT.. .=__' NW 57th Streei - - 2 IB-� T B-2 13-13-1� J T B-1 ul N COMMERCIAL BOULEVARD 600 0 500 Feet CITY COMMISSION City of Tamarac November 22, 2000 - it Conveyance of Real Property I Christopher King-_ 752 5 N.W. 88th Ave., Tamarac, Flonda 33321-2401 Director Telephone: (954) 724-1292 Community Development Facsirnile, 724-2453 I