Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-047 Temp. Reso. # 13596 April 14, 2021 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021- / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A LETTER OF INTENT (LOI) AND AUTHORIZING THE NEGOTIATION OF A CONTRACT FOR SALE AND PURCHASE WITH MEDALIST RESTAURANT GROUP LLC, TO FACILITATE THE SALE AND COMMERCIAL DEVELOPMENT OF .67 ACRES OF REAL PROPERTY LOCATED ON THE NORTH SIDE OF COMMERCIAL BOULEVARD, 280 FEET WEST OF N.W. 82ND AVENUE, KNOWN AS, A PORTION OF LOT 3, BLOCK 7, LYONS COMMERCIAL SUBDIVISION" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 42 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, a Florida municipal corporation ("Seller") is the • owner of certain unimproved real property located in the City of Tamarac, Broward County, Florida, and more particularly described in Exhibit "A" (the "Property") and made a part hereof; and WHEREAS, Medalist Restaurant Group LLC, a Private Corporation (the "Buyer"), desires to purchase and the Seller desires to sell the Property for the development of a restaurant with drive-thru service upon the terms and conditions set forth in a future Contract for Sale and Purchase; and WHEREAS, negotiating a Contract for Sale and Purchase is mutually beneficial to the parties given that it will provide the opportunity for a desired economic development project along the Commercial Boulevard Corridor, an area that the City has targeted for mixed-use development, revitalization and urban place making initiatives; and • {00356756.1 2704-0501640} Temp. Reso. # 13596 April 14, 2021 Page 2 of 4 WHEREAS, in accordance with Section 6-156.2 of the City of Tamarac Code of • Ordinances, two appraisals were obtained for the proposed disposition of the City owned Property; and WHEREAS, the appraisal reports completed in February 2021 by Miller Appraisal Group, Inc and Vance Real Estate Service yielded the respective values of Five Hundred and Twenty-Five Thousand ($525,000.00) Dollars and Five Hundred and Ninety Thousand ($590,000) Dollars or ($17.92) and ($20.14) per square foot of land area; and WHEREAS, the Buyer for the Property, consistent with the recent appraisal values, submitted a Letter of Intent to purchase the property for Five Hundred and Fifty Thousand Dollars ($550,000.00), and the Buyer would purchase the Property for the agreed upon price subject to the terms and conditions of the future Contract for Sale and Purchase; and S WHEREAS, the Directors of Community Development and Financial Services, recommends that the City Commission accept the Letter of Intent and authorize negotiation with Medalist Restaurant Group, LLC for a future Contract for Sale and Purchase of the Property; and WHEREAS, the City Commission deems it to be in the best interests of the City of Tamarac to accept the Letter of Intent, included herein as Exhibit "B" (attached hereto and incorporated herein) and authorize negotiation with Medalist Restaurant Group, LLC for a Contract for Sale and Purchase of real property to facilitate the development of a restaurant with drive-thru service along the Commercial Boulevard Corridor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: • {00356756.1 2704-0501640} Temp. Reso. # 13596 April 14, 2021 Page 3 of 4 IDSECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct, and is made a specific part of this Resolution upon adoption hereof. SECTION 2: The City Commission of the City of Tamarac, Florida hereby approves and authorizes the appropriate City officials to accept the Letter of Intent from Medalist Restaurant Group, LLC; SECTION 3: The City Commission of the City of Tamarac, Florida hereby authorizes the appropriate City officials to negotiate a Contract for Sale and Purchase to facilitate the transaction between the City of Tamarac and Medalist Restaurant Group, LLC, a private corporation to develop .67 acres of real property located at 280 feet West of N.W. 82nd Avenue on the North side of W. Commercial Boulevard in the City of • Tamarac, Florida. SECTION 4: The Mayor and City Manager are authorized to take all actions consistent with this Resolution. SECTION 5: All resolutions inconsistent or in conflict herewith shall be and are hereby repealed insofar as there is conflict or inconsistency. SECTION 6: If any section, sentence, clause, or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then such holding shall in no way affect the validity of the remaining portions of this resolution. SECTION 7: This Resolution shall become effective upon its passage and adoption by the City Commission. • (SIGNATURE PAGE TO FOLLOW) t 00356756.1 2704-0501640} Temp. Reso. # 13596 April 14, 2021 Page 4 of 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, • FLORIDA, THIS VtADAY OF u-I(_-- , 2021. CITY OF TAMARAC FLORIDA tejel° • MICH LLE J. GOMEZ, AYOR ATTEST: L JENNIF JOHNSON CITY ERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ 1111 DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: ,' HANS.OTTINOT J CITY ATTORNEY • {00356756.1 2704-0501640} 1 CFN # 109804160, OR BK 47642 Page 1964, Page 1 of 3, Recorded 01/10/2011 at ` " 10:32 AM, Broward County Commission, Doc. D $1050.00 Deputy Clerk 3405 l . , , Prepared by and return to: Erik Wesoloski,Esq. Wesoloski Carlson,P.A. 848 Brickell Avenue Suite 300 Miami,FL 33131 File Number: F09-7011a Will Call No.: [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 30th day of November,20I0 between ELF LLC,a Florida limited liability company whose post office address is 231 SW 65th Avenue, Hollywood, FL 33023, grantor, and City of Tamarac, a Florida Municipality Corporation,a Florida municipality whose post office address is 8261 W.Commercial Boulevard,Fort Lauderdale,FL 33351,grantee: (Whenever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals,end the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land, situate,lying and being in Broward County,Florida to-wit: Lot 3,Less the South 7 Feet thereof,Block 7,of LYONS COMMERCIAL SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 69,Page 42,of the Public Records Broward County, Florida. IIIParcel Identification Number:49-4109-04-0120 Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2009. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DouhleTimeo 3 CFN # 109804160, OR BK 47642 PG 1965, Page 2 of 3 Signed,sealed and delivered in our presence: • ELF LLC By: Wim ss ame: Carlos Frias,as Manager Wine • Witness Name: a M.Fries M er Witness Name: State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me this 30th day of November,2010 by Christine M.Frias as manager of ELF LLC,on behalf of the corporation. They[,are personally km•me or[X]have produced a vet s license identification. [Notary Seal] Notary•�` Printed Name: My Commission Expires: Z Cci TiERESITA (407)3og.p153 ....• raN f .7O13 Finnri3,:7,:nvei. com Warranty Deed-Page 2 Double-rime • • CFN # 109804160, OR BK 47642 PG 1966, Page 3 of 3 • Signed,sealed and delivered in our presence: ELF LLC i ,tj'7 _. AI By: W.„ 1, los Friar,as ager witnessN me: S& 4e2. By: Witness Name: Christine M.Frias,as Manager Witness Name: State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me this 30th day of November,2010 by Carlos Fries,as Manager and Christine M.Friss of ELF LLC,on behalf of the corporation. They I .nally known to me or[X]have produced a driver's license as identification. gi° I ;./I [Now TE6'.ESlTA Sr'MON E Notary Public pnvccs. SS:r "9 41111 Printed Name: /I; j '1 (907)3607:�' My Commission Expires: -2i2-D Stare of Florida County of Miami-lade The foregoing instrument was acknowledged before me this 30th day of November,2010 by Christine M.Fras,who j is petwna ly known or[X]has produced a driver's license as identification. [Notary Seal] Notary Public Printed Name: My Commission Expires: Warranty Deed_Page 2 Doubi.Tbti. • SRS • Fl Real Estate Partners EXHIBIT A LYONS COMMERCIAL SUB 69-42 B LOT 3 LESS S 7 FOR RD BLK 7 r ---1r —)r"---1 r--)I I I I i I 1— I. ! i ..i i ,, + k .„ 1,1 iiiiii .. ..,.......„.......: ... .. - . .. ' l' ' I.• -. .. . t...--":.7 - ...- 'W . - ---,- ... , ,,.,.. .... •, .-.,, .1 ._ NI • • , 1 , :1 , f.1 , ••ruf ' 1 '' i , . : .,- 'A ; • . - •• '.. :11 I 4 . 1 '",• _ ...vor, ., '''''' ','."....'"', It elk 4 \ •;'''r mr_likeiliiiii_ el' ,,, i ', 1 . •,, I i. . • 1 . '',I \ :' *IP. , 41110• '.' ... .. 1 ,... ' :. .. r . .': ' • Vre .0- .. MM. 1 III 1 Fl SRS Real Estate Partners • • • or Fl SRS Real Estate Partners March 23, 2021 Mr. Frank Zickar Assistant Director I Community Development 7525 NW 88th Avenue Tamarac, FL 33321 RE: 29,300 sf parcel at W. Commercial Blvd. Tamarac, FL 33351 Mr. Zickar: On behalf of Medalist Restaurant Group, LLC (or its assignee), "Buyer", I am pleased to submit the following proposal, which will serve as an outline of the major . provisions that would be included in a Purchase and Sale Contract and Escrow Instructions. 1. BUYER: Medalist Restaurant Group, LLC (or its Assignee) 2. SELLER: City of Tamarac 3. PROPERTY: Approximately.67 acres as identified on Exhibit A. 4. PURCHASE PRICE: $550,000 5. DEPOSIT: Ten Thousand Dollars ($10,000) will be deposited within three (3) business days following the opening of Escrow, applicable to the Purchase Price which will become non- refundable (except in the event of Seller's default or a failure of one of Buyer's conditions to close) upon approval of Buyer's Inspection Period (defined below). 410 Fl SRS Real Estate Partners • 6. INSPECTION PERIOD: Buyer shall have one hundred twenty (120) days from the date the Purchase Agreement is fully executed to satisfy the items identified below to their sole satisfaction (the"Inspection Period"). Buyer shall have the right to conduct a complete physical inspection of the property, review and approve the Phase I, REA, survey,title report, zoning and soils report,and any other due diligence investigations that it determines necessary to evaluate the property for its intended use. In the event Seller has a Phase I survey,zoning, soils report and/or any other reports/studies concerning the Property in its possession,Seller shall provide a copy of all such reports/studies to Buyer within five (5) days of executing a Purchase Agreement. 7. PERMITTING PERIOD: a) Buyer shall have an additional 120 days after the expiration of the Inspection Period to secure all government approvals and permits it deems • necessary. Seller will reasonably cooperate with Buyer in its pursuit of approvals. b) Buyer may terminate the Contract during the Permitting Period if it is unsuccessful in its efforts in securing all government approvals and permits it deems necessary and all deposits shall be refundable. 8. EXTENSION OPTIONS: Additionally, Buyer shall have two (2) options to extend the Permitting Period for thirty (30) days. In the event Buyer elects to exercise its option(s), Buyer shall (i) notify Seller and the escrow officer seven (7) days prior to the scheduled closing date; and (ii) deposit an additional $10,000 with escrow for each thirty (30) day extension,which together with the initial deposit shall be nonrefundable (except in the event of Seller's default or a failure of Buyer's condition to close including receipt of permits for its intended use) and immediately available to Seller but shall be applied towards the purchase price. • • Fil SRS Real Estate Partners 9. CLOSE OF ESCROW: The Close of Escrow shall be thirty(30) calendar days from the completion of the Permitting Period. 10. CONDITION OF THE PROPERTY: Subject to customary representations, warranties and covenants made by Seller,the property shall be delivered per Exhibit B with the expectation that there are no material defects to the property or any hazardous materials clean-up required. 11. TITLE/ESCROW: Title and Escrow services shall be provided by a company to be selected by Buyer. Seller shall pay the premium for an ALTA extended coverage title policy,the documentary transfer taxes and one-half(1/2) of the escrow fee. Buyer shall pay all recording fees, one half(1/2) of the escrow fee and any excess title policy charges. All other closing costs shall be paid in accordance with the III custom in the county where the Property is located. 13. COMMISSIONS/ DISCLOSURES: Seller shall have the responsibility of paying the sales commission at closing in accordance with a separate agreement. It is understood that SRS Real Estate Partners has represented the Buyer in this transaction and will paid a commission equal to 5% of the purchase price at closing. This letter is merely a Letter of Intent and is not a contract,offer or option. This letter does not provide Buyer with rights in the Property or against Seller or its affiliates. Seller will not negotiate with any other party during the time "after"this Letter of Intent is signed by both parties and a binding Purchase Agreement is fully executed by Buyer and Seller. Neither party shall be bound to the other party until a Purchase Agreement is executed by both parties. If this Letter of Intent sets forth your understanding of the basic business terms relating to our negotiation of the proposed Purchase Agreement,please execute and return this Letter of Intent to the undersigned on or before 5:00 pm April 16, 2021. Upon our receipt of an executed copy of the Letter of Intent,the Seller shall draft the Purchase and Sale Agreement. In the event a formal Purchase Agreement is not executed by Buyer and Seller within forty-five (45) calendar days from execution of the Letter of Intent,the terms of this Letter of Intent shall no longer be valid. IIII Fli SRS Real Estate Partners • If the foregoing is acceptable,please acknowledge your agreement by signing below. Thank you for your consideration of this offer. We look forward to consummating this transaction. Sincerely, t1 Ulm Michael Weiss Senior Vice President IISRS Real Estate Partrers OUTSMART THE COMPETITION. SRS Real Estate Partners 111 AGREED AND ACCEPTED: Seller: By: Its: Date: Buyer: By: Its: Date: III