HomeMy WebLinkAboutCity of Tamarac Resolution R-84-296Introduced by TAP • #
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO: to F
A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE EXECUTION OF AN OFFER TO PURCHASE
A 40 ACRE PARCEL OF LAND IN LAND SECTION 7 FOR USE
AS A MUNICIPAL SOD FARM; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac has operated a Sod Farm on
- approximately 40 acres of land in Land Section 7 for several years and is
_v-
currently involved in a condemnation proceeding for use of said parcel; and
WHEREAS, the Consulting Engineers for the City of Tamarac have
indicated that it is more cost effective to continue the operation of the
Sod Farm indefinitely; and
WHEREAS, it would be in the best interest of the health, welfare
and safety of the citizens of Tamarac to purchase the parcel at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the City of Tamarac offer to purchase the said
parcel of 40 acres, more or less, for a sum of $832,500.00.
SECTION 2: That the appropriate officials of the City of
Tamarac are authorized to execute the offer to purchase the attached hereto
and made a part of.
SECTION 3: That this Resolution shall become effective immediately
upon adoption.
PASSED, ADOPTED AND PTPROVED THIS day of 1984.
ATTEST:
ITY CLERK
7—
I HEREBY CERTIFY that I have.
approved the form and correctness
RECORD OF COUNCIL VOTE
MAYOR: KRA\1iTZ
DISTRICT 4: V/M STE1N
DISTRICT 3: C/M STELZER of
DISTRICT 2: C/M MUNITZ
DISTRICT 1:,C/M QUNNE
UU
OFFER TO PURCHASE
The City of Tamarac, a municipal corporation, with offices at 5811
Northwest 88th Avenue, Tamarac, Florida, 33321, hereinafter called the
"Buyer" and Richard C. Jones, Trustee, hereinafter called the "Seller"
hereby agree that the "Seller" shall sell and the "Buyer" shall buy
the following described property upon the terms and conditions herein-
after set forth.
1. LEGAL DESCRIPTION of real estate located in Broward County, Florida.
See attached as Schedule "A", a sketch
and legal description of 40.00 acres,
more or less.
2. PURCHASE PRICE is ................................. .$ 832,500.00
METHOD OF PAYMENT:
Deposit ..................................... .......$ 150,000.00
The said deposit having been made to the Circuit Court
in the condemnation proceeding which is currently
pending therein. Receipt whereof is hereby acknow-
ledged by the "Seller".
TOTAL....................................... I.........
3. SPECIAL CLAUSES:
Upon closing, the parties will dismiss the condemnation
proceeding currently pending on a part of the premises
to be conveyed. Each party to said suit to bear its own
costs and attorneys fees.
4. This offer shall be null and void unless accepted, in
writing, on or before October 15, 1984
5. CLOSING DATE: This Contract shall be closed and the deed
and possession shall be delivered on or before the 1st
day of January , 1985, unless extended
by other provisions of this Contract or separate agreement.
6. EVIDENCE OF TITLE: The "Seller" shall, within days(17
banking days if this blank is not filled in), order for "Buyer"
a complete abstract of title prepared by a reputable abstract
firm purporting to be an accurate synopsis of the instruments
affecting the title to the real property recorded in the Public
Records of that county to the date of this Contract, showing in
the "Seller" a marketable title in accordance with title
standards adopted from time to time by the Florida Bar subject
only to liens, encumbrances, exceptions or qualifications set
OFFER TO PURCHASE
forth in this contract and those which shall be discharged by
"Seller" at or before closing. The abstract shall be delivered
at least 15 days prior to closing. "Buyer" shall have fifteen
(15) days from the date of receiving said abstract of title to
• examine same. If title is found to be defective, "Buyer" shall,
within said period, notify the "Seller" in writing, specifying
the defects. If the said defects render the title unmarketable,
the "Seller" shall have ninety (90) days from receipt of such
notice to cure the defects, and if after said period "Seller"
shall not have cured the defects, "Buyer" shall have the option
of (1) accepting title as it then is, or (2) demanding a refund
of all monies paid hereunder which shall forthwith be returned
to the "Buyer" and thereupon the "Buyer" and "Seller" shall be
released of all further obligations to each other under this
Contract.
7. CONVEYANCE: "Seller" shall convey title to the subject property
to "Buyer" by Statutory Warranty Deed subject to: (1) zoning
and/or restrictions and prohibitions imposed by governmental
authority; (2) restrictions, easements and other matters appearing
on the plat and/or common to the subdivision; (3) taxes for the
year of closing; (4) other matter specified in this Contract, if
any.
8. SURVEY: The "Buyer", within the time allowed for delivery of
evidence of title and examination thereof, may have said property
surveyed at his expense. If the survey shows any encroachment on
said property or that the improvements located on the subject
property in fact encroach on the lands of others, or violate any
of the covenants herein, the same shall be treated as a title
defect.
9. PLACE OF CLOSING: Closing shall be held at the office of the
"Buyer's" attorney or closing agent, if located within Broward
County; if not, then at the office of "Seller's" attorney, if
located within Broward County.
10. DOCUMENTS FOR CLOSING: "Seller's" attorney shall prepare deed,
mortgage, mortgage note, bill of sale, affidavit regarding liens,
and any corrective instruments that may be required in connection
with perfecting the title. "Buyer's" attorney or closing agent
will prepare closing statement.
11. EXPENSES: Abstracting prior to closing, State documentary stamps
which are required to be affixed to the instrument of conveyance,
the cost of recording any corrective instruments, intangible
personal property taxes and the cost of recording the purchase
money mortgage, if any, shall be paid by the "Seller." Documentary
stamps to be affixed to the note or notes secured by the purchase
money mortgage, if any, or required on any mortgage modification
and the cost of recording the deed shall be paid by the "Buyer."
12. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated
based on the current year's tax, if known. If the closing occurs
at a date when the current year's taxes are not fixed, and the
current year's assessment is available, taxes will be prorated
based upon such assessment and the prior year's millage. If the
current year's assessment is not available, then taxes will be
prorated on the prior year's tax; provided, however, if there are
completed improvements on the subject premises by January 1st of
the year of closing, which improvements were not in existence on
January 1st of the prior year, then the taxes shall be prorated
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OFFER TO PURCHASE
to the date of closing based upon the prior year's millage
and at an equitable assessment to be agreed upon between
the parties, failing which, requests will be made to the
county tax assessor for an informal assessment taking into
consideration homestead exemption, if any. However, any
tax proration based on an estimate may, at the request of
either party to the transaction, be subsequently readjusted
upon receipt of tax bill and a statement to that effect is
to be set forth in the closing statement. All such pro -
rations whether based on actual tax or estimated tax will
make appropriate allowance for the maximum allowable dis-
count and for homestead or other exemptions if allowed for
the current year.
13. ATTORNEY FEES AND COSTS: In connection with any litigation
arising out of this Contract, the prevailing party whether
"Buyer", "Seller" or Broker, shall be entitled to recover
all costs incurred including reasonable attorneys fees for
services rendered in connection with such litigation, in-
cluding appellate proceedings and postjudgment proceedings.
14. DEFAULT: In the event of default of either party, the rights
of the non -defaulting party and the Broker shall be as
provided herein and such rights shall be deemed to be the
sole and exclusive rights in such event; (a) If "Buyer" fails
to perform any of the covenants of this Contract, all money
paid or deposited pursuant to this Contract by the "Buyer"
shall be retained by or for the account of the "Seller" as
consideration for the execution of this Contract as agreed
and liquidated damages and in full settlement of any claims
for damages by the "Seller" against the "Buyer".(b) If
"Seller" fails to perform any of the covenants of this
Contract, all money paid or deposited pursuant to this Contract
by the "Buyer" shall be returned to the "Buyer" upon demand,
or the "Buyer" shall have the right of specific performance.
In addition, "Seller" shall pay forthwith to Broker the full
professional service fee provided for on the reverse side of
.this Contract.
15. PERSONS BOUND: The benefits and obligations of the covenant
herein shall inure to and bind the respective heirs,
personal representatives, successors, and assigns (where
assignment is permitted) of the parties hereto. Whenever
used, the singular number shall include the plural, the
plural the singular, and the use of any gender shall include
all genders.
16. SURVIVAL OF COVENANTS AND SPECIAL COVENANTS: "Seller"
covenants and warrants that there is ingress and egress to
subject property over public or private roads or easements,
which covenants shall survive delivery of deed. No other
provision, covenant, or warranty of this Contract shall
survive the delivery of the deed except as expressly provided
herein.
17. FINAL AGREEMENT: This Contract represents the final agreement
of the parties and no agreements or representations, unless
incorporated into this Contract, shall be binding on any of
the parties. Typewritten provisions shall supersede printed
provisions and handwritten provisions shall supersede type-
written and/or printed provisions. Such handwritten or
- 3 -
OFFER TO PURCHASE
typewritten provisions as are appropriate may be inserted on
the face of this form or attached hereto as an addendum,
The date of this Contract shall be the day upon which it be-
comes fully executed by all parties.
WITNESS: Executed by Buyer on tea /� 19J?X-
WITNESS: Executed by Seller on , 19
(SEAL)
(SEAL)
SELLER
k]
- 4 -
WILLIAMS. HATFIELD AND STONER. INC.
F�2312MAMLTON DRIVE ENGINEERS PLANNERS LAND SURVEYORS FT. LAUDERDALE, FLORIDA
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PROFESSIONAL L;r SURVEYOR NO. STATE OF FLORIDA
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WILLIAMS. HATFIELD AND STONER. INC.
2312 WILTON DRIVE ENGINEERS • PLANNERS • LAND SURVEYORS FT. LAUDERDALE, FLORIDA
2080-0
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DESCRIPTION
A parcel of land in Tracts 25, 26, 27, 30, 31 and 32 of Section 7, Township 49
South, Range 41 East of the FLORIDA FRUITLANDS COMPANY SUBDIVISION NO. 2 as
recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach County,
Florida, being more particularly described as follows:
COMMENCE at the Southeast corner of the Southeast One -Quarter (SE 1/4) of said
Section 7, said point having a Florida State Plane Coordinate of N 676594.78
and E 734626.23 (East Zone),
THENCE on a grid bearing of N 01*24147" W along the East line of the said
Southeast One -Quarter (SE 1/4) of Section 7 a distance of 659.78 feet to the
Easterly extension of the South line of said Tract 27;
THENCE S 89*10104" W along said Easterly extension a distance of 53.01 feet to
the POINT OF BEGINNING;
THENCE continue S 89°10'04" W along the South line of said Tracts 27 and 30 a
distance of 1248.68 feet to a line 210.91 feet West of and parallel with the
West line of said Tracts 25, 26 and 27;
THENCE N 01"0445" W along said parallel line a distance of 1400.01 feet;
THENCE N 89° 10' 15" E a distance of 1240.52 feet to a line 53.00 feet West of
and parallel with the said East line of the Southeast One -Quarter (SE 1/4);
THENCE S 01°24'48" E along said parallel line a distance of 1400.00 feet to
the POINT OF BEGINNING;
Said land situate in Broward County, Florida, containing 40.00 Acres, more or
less.
4911/10D/092184
FREPAIRED Or-
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