HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-123Temp. Reso. #13700
October 4, 2021
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THAT CERTAIN PURCHASE AND SALE
AGREEMENT BETWEEN MEDALIST RESTAURANT
GROUP II, LLC, d/b/a CULVER'S OF TAMARAC
AND THE CITY OF TAMARAC, ATTACHED
HERETO AS EXHIBIT 1", FOR THE SALE OF A
29,300 SQUARE FT. OR APPROXIMATELY .67
ACRES OF REAL PROPERTY LOCATED ON THE
NORTH SIDE OF COMMERCIAL BOULEVARD,
APPROXIMATELY 280 FEET WEST OF NW 82
AVENUE, KNOWN AS LOT 3, LESS SOUTH 7 FEET
THEREOF, 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
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 on Exhibit "A" (the
"Property") to that certain Purchase and Sale Agreement (the "Agreement")
attached hereto as Exhibit 1" and made a part hereof; and
WHEREAS, Medalist Restaurant Group II, LLC, a Florida Limited Liability
Company d/b/a Culver's of Tamarac (the "Buyer"), desires to purchase and the
Seller desires to sell the Property for the development of a Culver's Restaurant,
upon the terms and conditions set forth in the Agreement; and
Temp. Reso. #13700
October 4, 2021
Page 2
WHEREAS, a Purchase and Sale is mutually beneficial to the parties given
that it will provide the opportunity for development of the Property, enhance
economic development along the Commercial Boulevard corridor, and return the
property to the tax rolls; and
WHEREAS, in accordance with Section 6-156.2 of the City of Tamarac
Code of Ordinances, an appraisal was obtained for the proposed disposition of
the City owned Property; and
WHEREAS, the sale price for the Property, consistent with the recent
appraisal, is Five Hundred and Fifty Thousand and no/100 Dollars ($550,000.00),
and the Buyer will purchase the Property for the agreed upon price subject to the
terms and conditions of the Agreement; and
WHEREAS, the Director of Community Development and the Director of
Financial Services recommends that the appropriate City Officials execute the
Purchase and Sale Agreement with Medalist Restaurant Group II, LLC, d/b/a
Culver's of Tamarac; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
authorize the execution of the Sale and Purchase Agreement between the City of
Tamarac and Medalist Restaurant Group II, LLC for the development of a Culver's
Restaurant; a copy of said Agreement is included herein as Exhibit I" (attached
hereto, incorporated herein, and made a specific part thereof).
Temp. Reso. #13700
October 4, 2021
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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 upon adoption hereof; all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
SECTION 2: It is hereby found and determined that the authorization to
execute the Agreement with Medalist Restaurant Group II, LLC, d/b/a Culver's of
Tamarac is in the best interest of the City of Tamarac and the residents and
businesses located within the described area.
SECTION 3: The appropriate City officials are hereby authorized to
execute a Purchase and Sale Agreement with Medalist Restaurant Group II, LLC,
d/b/a Culver's of Tamarac, a copy of said Agreement is attached hereto as Exhibit
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 5: 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.
Temp. Reso. #13700
October 4, 2021
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SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this i:gf"-day of dC-MeO' -- 2021.
MICHELLE GOMEZ,
MAYOR
ATTEST:
JF-NNfFER J O
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON Bseysr
DIST 2: COMM. GELIN `J i'
DIST 3: V/M VILLALOBOS IL
DIST 4: COMM. PLACKO
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
firm
CONTRACT FOR SALE AND PURCHASE
THIS CONTRACT FOR SALE AND PURCHASE (this "Contract") is made this 13 re-,
of October, 2021 by and between the City of Tamarac, a Florida municipal corporation, whose
address for purposes of this contract is 7525 NW 88th Avenue, Tamarac, FL, 33321 ("Seller") and
Medalist Restaurant Group II, LLC, d/b/a Culver's of Tamarac, whose business address is 5510
W Copans Road, Margate, FL 33063 ('Buyer").
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties hereto agree as follows:
Sale and Purchase.
The Seller hereby agrees to sell to the Buyer and the Buyer hereby agrees to Purchase the
real property generally known as Lot 3, less South 7 feet thereof, 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, ("Property"), hereinafter described for the
purchase price and upon the terms and conditions set forth in this Contract.
2. Property.
The Property being purchased and sold is identified as approximately 29,300 square feet,
or approximately .67 acres of real property located in the City of Tamarac, Broward County,
Florida, generally known as Tax Parcel 4941-09-04-0120, more particularly described on Exhibit
"A" attached hereto, together with all improvements, easements, tenements, and appurtenances
belonging thereto subject to the terms of this Contract. The Property is further deemed to include
all existing land use entitlements, governmental permits and allocations, and other such
governmental and agency agreements and approvals, together with all feasibility studies, reports,
maps leases plans and other materials concerning the use and development of the Property as may
exist and in the City's possession. The Property will be acquired from Seller free and clear of all
liens for Buyer to construct a Culver's Restaurant with drive-thru service.
3. Purchase Price.
The purchase price ("Purchase Price") for the Property shall be FIVE HUNDRED AND
FIFTY THOUSAND and 00/100 ($550,000.00) DOLLARS, payable as follows:
a. Initial Deposit. An initial deposit of Twenty Five Thousand and 00/100
($25,000.00) Dollars (the "Initial Deposit") shall be paid by the Buyer within three calendar (3)
days of the date of execution of this Contract by all parties which Escrow Agent agrees to hold
according to the terms of this Contract. The Escrow Agent shall be Donald Dufresne of Fox
Rothschild, LLP with offices located at West Tower, 777 S Flagler Dr., West Palm Beach, FL
33401 (the "Escrow Agent"). The Initial Deposit shall be applied to the Purchase Price at Closing.
b. Second Deposit. A second deposit of Twenty Five Thousand and 00/100 ($25,000.00)
Dollars (the "Second Deposit" and together with the Initial Deposit, collectively, the "Deposits")
shall be paid by the Buyer within three calendar (3) days of the date of expiration of the Approvals
Period, which Escrow Agent agrees to hold according to the terms of this Contract. The Second
Deposit shall be applied to the Purchase Price at Closing.
4. Inspection Period.
The Buyer shall have a period of One Hundred Twenty (120) calendar days from the
Effective Date of this Contract, (the "Inspection Period") to determine, in its sole discretion,
whether the Property is suitable for the Buyer's intended use. Buyer shall have the right to enter
upon the Property to make all inspections of the condition of the Property which it may deem
necessary, including, but not limited to, soil borings, percolation tests, engineering, environmental
and topographical studies, inspections of zoning and the availability of utilities, all of which
inspections shall be undertaken at Buyer's sole cost and expense. After completing its inspection
of the Property, Buyer shall, at its sole cost and expense, repair and replace any damage it has
caused to the Property and shall indemnify and hold the Seller harmless from any and all claims,
damages, suits, actions arising from Buyer's inspection of the Property. Prior to 5:00 p.m. of the
expiration of last day of the Inspection Period, Buyer shall provide written Notice of its decision
to accept the Property in its "AS IS" condition, or its decision that the Property is unsuitable for
its intended purpose, upon which this Contract automatically terminates. Notwithstanding the
Buyer's right to enter the Property for inspections, prior to engaging in any inspection, Buyer shall
first provide written notice to Seller of the proposed testing and receive Seller's authorization to
proceed. In conducting any inspections or tests of the Property, Buyer shall keep the Property free
and clear of any liens arising from work performed on behalf of Buyer, and in the event a lien is
filed as a result of Buyer's due diligence, then following notice to Buyer and a ten (10) day
opportunity to cure, Seller shall be entitled to make a claim to Escrow Agent for payment of such
lien amounts recorded against the Property caused by Buyer out of the Initial Deposit or Second
Deposit. Buyer shall restore the Property to the substantially same condition as existed prior to
the tests and inspections, and shall defend, indemnify, and hold Seller harmless from and against
any claims and liabilities asserted against Seller arising out of Buyer's inspections. During the
Inspection Period and through Closing, Buyer shall maintain and cause to be maintained by its
employees, agents and contractors that enter the Property, and prior to any entry upon the Property
by Buyer, its employees, agents and contractors, shall have provided to Seller evidence of,
commercial general liability insurance in the amount of at least $1 million per occurrence and $2
million in the aggregate against any loss, liability or damage on, about or relating to all or any
portion of the Property naming Seller as additional insured. Such insurance shall not be cancelled
or changed without at least ten (10) days prior written notice to Seller. This provision shall survive
the termination of this Contract.
5. Effective Date of Contract.
The effective date of this Contract (the "Effective Date") shall be the date when the last
one of the Buyer or Seller executes the Contract.
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6. Title Evidence.
Within twenty (20) days of the Effective Date Buyer shall, at Buyer's expense, obtain a
title insurance commitment (the "Commitment") for the Property to be issued by a major title
insurance company, wherein the title insurance company agrees to issue an ALTA owner's policy
of title insurance in the full amount of the Purchase Price, insuring title to the Property subject
only to the Permitted Exceptions as set forth below. If the title insurance commitment shows any
exceptions to title unacceptable to Buyer, then Buyer shall provide written notice to the Seller
within fifteen (15) days specifying such exceptions. If Seller chooses in its sole discretion not to
correct the title objections Buyer shall waive such exceptions and proceed under the terms and
conditions of this Contract, or, terminate this Contract and receive a return of the Deposit(s). If
Buyer elects to accept the title subject to the matters disclosed in the title commitment, the
exceptions shall be known thereafter as the "Permitted Exceptions."
7. Approvals Period.
a. Buyer shall have one hundred and twenty (120) calendar days commencing on the
expiration of the one hundred twenty (120) day Inspection Period, to obtain all necessary
"Approvals" to construct a Culver's Restaurant with drive-thru service (the "Approvals
Period"). The Approvals are defined as a final and unappealable approval, special exception,
variances, if applicable, and site plan approval from the applicable governmental authorities
having jurisdiction over the Property, including, specifically, site plan approval by the Planning
Board and City Commission of Tamarac, to facilitate the construction, completion and operation
of the contemplated restaurant on the Property and all related structures, amenities and
improvements "Approvals"). The parties agree that they will cooperate and act promptly
throughout the approval process to obtain the Approvals in as short a period as is possible within
the applicable laws that define the approval process and applicable case law (e.g., Chung v.
Sarasota County, 686 So. 2d 1358 (Fla. 2d DCA 1996)). With respect to such Approvals, Buyer
shall not be deemed to have obtained or received the Approvals until all appeal periods shall have
passed without any appeal having been taken or, if any such appeal shall have been taken, such
appeal(s) shall have been finally and conclusively resolved in favor of Buyer. Seller shall allow
Buyer to simultaneously seek the Approvals. At such time Buyer receives written evidence that
all Approvals have been obtained by the expiration of the Approvals Period, then the Second
Deposit shall be paid to the Seller, deemed non-refundable and credited to the Purchase Price at
Closing.
b. If Buyer does not receive written evidence that the Approvals have been obtained
by the expiration of the Approvals Period, then prior to 5:00 p.m. on the last day of the Approval
Period, Buyer may terminate this Contract by delivering written notice to the Seller, whereupon
all Deposits shall be immediately returned to Buyer and the parties shall be relieved of any further
liability or obligation hereunder. Buyer's notice of termination shall be effective upon delivery
and shall be delivered prior to the end of the Approvals Period.
C. Additionally, Buyer shall have two (2) options to extend the Approvals Period for
thirty (30) days each. In the event Buyer elects to exercise its option(s), Buyer shall (i) notify
Seller and the Escrow Agent seven (7) days prior to the scheduled closing date; and (ii) deposit an
additional $10,000 with Escrow Agent for each thirty (30) day extension, which together with the
Deposits shall be nonrefundable (except in the event of Seller's default or a failure of Buyer's
condition to close including receipt of Approvals for its intended use) and shall be applied towards
the Purchase Price.
8. Closing Date.
The closing date shall be no later than thirty (30) calendar days from the completion of the
Approvals Period.
a. The Closing shall be an escrow closing with neither Seller nor Buyer required to attend
a formal settlement or may occur in the office of Fox Rothschild, LLP in Palm Beach County,
located at West Tower, 777 S Flagler Dr, West Palm Beach, FL 33401.
b. Seller shall execute and deliver a Special Warranty Deed conveying title to the
Property subject to the Permitted Exceptions and in conformance with the terms and conditions of
this Contract, which deed shall be in form acceptable to the Title Insurance Company for the
purpose of issuing its title insurance policy pursuant to the commitment described in paragraph
7.b.
C. Buyer shall cause the balance of the Purchase Price to be paid to Seller by bank
wire transfer or other immediately available funds. Buyer shall also execute and deliver to Seller
a copy of a Closing Statement showing the computation of the funds payable to Seller pursuant to
this Contract.
9. Contingencies.
Seller's obligations under the Contract are contingent upon the following the City
Commission of the City of Tamarac approving and authorizing the transaction as contemplated by
the terms and provisions of this Contract.
10. Conditions Precedent to Closing.
The obligations of Buyer to pay the Purchase Price, and to perform Buyer's other
obligations at the Closing are and shall be subject to the satisfaction of each of the following
conditions on or prior to the Closing Date:
a. Seller shall have delivered Seller's executed closing documents to Escrow Agent.
b. Title to the Property shall be free of all encumbrances other than the Permitted
Exceptions and the Property shall be free of violations of record of any applicable law.
C. The title company shall be able to deliver at Closing an ALTA Form B
Marketability Owner's Title Insurance Policy ("Title Policy") insuring Buyer's right, title and
interest in the Property in the amount of the Purchase Price, excepting no matters other than the
Permitted Exceptions.
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d. All of the representations and warranties of Seller contained in this Contract shall
have been true and correct when made and shall be true and correct on the Closing Date with the
same effect as if made on and as of such date.
e. Buyer shall be solely responsible for the payment of all impact fees in connection
with or associated with the Property.
f. Buyer shall have acquired the .69 acres privately owned parcel contiguous to the
Property to facilitate the construction of the Culver's restaurant with drive through on both parcels.
g. All the Approvals from the applicable governmental authorities contained in this
Contract have been granted and all appeal periods have expired.
11. Expenses.
The cost of recording the Deed and any corrective instruments shall be paid by the Buyer.
Buyer shall pay all expenses associated with the inspection, the survey, title insurance charges,
recording fees, and all costs associated with any related loan closing. Seller shall pay the cost of
Documentary Stamp Tax on the Deed. All other closing costs and expenses shall be paid in
accordance with the custom in Broward County, Florida.
12. Prorations.
The Property is currently exempt from ad valorem taxes and there are no taxes or other
matters to prorate.
13. Representations and Warranties of the Seller.
The Seller represents and warrants that to the best of Seller's actual knowledge and belief:
a. All notices of or violations of law or municipal ordinances, order, rules noted or
issued by any governmental authority having jurisdiction over the Property have been complied
with or will be complied with by the Closing Date.
b. The Seller has good and marketable fee title interest in the Property and possesses
the present right, legal power, and authority to enter this Contract and perform according to its
terms.
C. The Property will, as of the Closing Date, be free and clear of all liens, security
interests, all encumbrances, leases or other restrictions or objections to title except for the
Permitted Title Exceptions and those to be discharged by the Seller at Closing.
d. If, at any time prior to the date of Closing, the Seller acquires knowledge of events
or circumstances which render the representations set forth in this paragraph inaccurate in any
respect, the Sellers shall immediately notify the Buyer in writing.
e. Notwithstanding the warranties set forth above, Seller makes and shall make no
warranty regarding the title to the Property except as to any warranties which will be contained in the
instruments to be delivered by Seller at Closing in accordance with this Contract, and Seller makes
and shall make no representation or warranty either expressed or implied (except as specifically set
forth in the Contract) regarding condition, operability, safety, fitness for intended purpose, use,
governmental requirements, development potential, utility availability, legal access, economic
feasibility or any other matters whatsoever with respect to the Property. The Buyer specifically
acknowledges and agrees that Seller shall sell and Buyer shall purchase the Property on an "AS IS,
WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and
warranties specifically set forth in this Contract, Buyer is not relying on any representations or
warranties of any kind whatsoever, express or implied, from Seller its agents, officers, or employees,
as to any matters concerning the Property including, without limitation, any matters relating to (1)
the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy
or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature,
adequacy or physical condition of utilities serving the Property, (4) the development potential, income
potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6)
the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or
other legal status of the Property, (8) the compliance of the Property or its operation with any
applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders,
directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi -
governmental entity or of any other person or entity, including, without limitation, environmental
person or entity, including without limitation, environmental laws, (9) the presence of Hazardous
Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property
or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices
or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or
nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any
other matter or matters of any nature or kind whatsoever relating to the Property.
As used herein, the term "Hazardous Materials" means (i) those substances included within
the definitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste"
in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.
§960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the
Hazardous Materials Transportation Act, 49 U.S. C. § 1801 et seq., or the Clean Water Act, 33 U.S.C.
§ 1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances
listed in the United States Department of Transportation Table (49 CFR § 172.101) or by the
Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic
substances" or "solid waste", (iii) such other substances, materials and wastes which are regulated, or
classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or
regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated,
biphenyls, flammable explosives or radioactive materials.
14. Buyer's Representations.
Buyer represents and warrants to the best of Buyer's knowledge that the following are
true and correct:
Con
a. Buyer has full power and authority to enter this Contract and to assume and
perform all obligations hereunder.
b. The execution and delivery of this Contract and the consummation of the transaction
contemplated hereunder on the part of the Buyer do not and will not violate the corporate or
organizational documents of Buyer and will not conflict with or result in the breach of any condition
or provision, or constitute a default under, or result in the creation or imposition of any lien, charge
or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture,
instrument or judgment to which the Buyer is a party.
C. No action by any federal, state, municipal or other governmental department, CRA,
board, bureau or instrumentality is necessary to make this Contract a valid instrument binding upon
Buyer in accordance with its terms and conditions.
All of the representations, warranties and covenants of Buyer contained in this Contract or
in any other document, delivered to Seller in connection with the transaction contemplated herein
shall be true and correct in all material respects and not in default at the time of Closing, just as
though they were made at such time.
15. Assignability.
The Buyer shall not be entitled to assign this Contract without the prior written consent of
the Seller which approval shall not be unreasonably withheld. An assignment to an entity owned
and controlled by the principals of Buyer shall require the approval of Seller, which approval shall
not be unreasonably withheld.
16. Attorney's Fees and Costs.
In the event any litigation or other controversy arises out of this Contract, the prevailing
party in such litigation or controversy shall be entitled to recover from the non -prevailing party its
reasonable attorney's fees, costs, and expenses.
17. Default.
a. If Buyer fails to materially perform or observe any of the covenants, restrictions,
requirements and/or stipulations to be performed and/or observed by Buyer hereunder and such
failure to perform or observe is not cured within thirty (30) days after written notice thereof from
Seller to Buyer (or in the case of a default which cannot be cured in thirty (30) days, Buyer has
failed to commence curing the default within such thirty (30) day period), then, as Seller's sole
remedy, any deposits placed under this Contract shall be delivered by the Escrow Agent to the
Seller as liquidated and agreed upon damages.
b. If Seller fails to materially perform or observe any of the covenants, restrictions,
requirements and/or stipulations to be performed and/or observed by Seller hereunder, and such
failure to perform or observe is not cured within thirty (30) days after written notice thereof from
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Buyer to Seller, then, without limitation, at the option of the Buyer, any Deposit placed under this
Contract shall be promptly returned by the Escrow Agent to the Buyer, together with all interest
earned thereon.
18. Sims.
Buyer shall have the right at Buyer's expense to place and maintain reasonable signs on
the Property in compliance with applicable sign ordinances and regulations to assist Buyer in
obtaining the Approvals for the proposed use of the Property.
19. Broker Fees.
The Buyer and the Seller acknowledge and agree that no real estate brokers are involved
in this transaction except for the Buyer's broker SRS Real Estate Partners Southeast, LLC
("Broker"). Buyer and Seller shall each pay 2% of the Broker's commission of 4%. Buyer agrees
to indemnify and hold harmless the Seller from and against any and all liability, loss, cost, damage
and expense, including but not limited to attorneys' fees and costs of litigation both prior to and
on appeal, which Seller shall suffer or incur because of any claim by any agent, broker or finder
engaged by Buyer, whether or not meritorious, for any fee, commission or other compensation
with respect to this Contract or to the sale and purchase of the Property contemplated herein.
20. Notices.
Any notice, request, demand, instruction, or other communication to be given to either
party, except where required by the terms of this Contract to be delivered at the Closing, shall be
in writing and shall be sent as follows:
If to Buyer: Medalist Restaurant Group Il, LLC
d/b/a Culver's of Tamarac
Attn: Eric Pierce
5510 W. Copans Road
Margate, FL 33063
Email: ejp715(c�r�,yahoo.com
With a copy to: Steven Wherry, Esq.
Wherry Law, P.A.
736 SW 12 Ave.
Fort Lauderdale, FL 33312
Email: steve@wheMlaw.com
Phone: 754-581-8373
If to Seller: City of Tamarac
Attn: Kathleen Gunn, Interim City Manager
7525 NW 88th Ave.
Tamarac, FL 33321
Email: Kathleen. Gunnntamarac.org
Phone: (954) 597-3516
With a copy to: Donald Dufresne, Escrow Agent
c/o Fox Rothschild, LLP
West Tower, 777 S. Flagler Dr.
West Palm Beach, Florida 33401
Email: ddufresne(a_),foxrothschild.com
Phone: (561) 835-9600
and
John Herin, City Attorney
Fox Rothschild, LLP.
2 S. Biscayne Blvd., Suite 2750
Miami, Florida
Email: jherin@foxrothschild.com
Phone: (305) 442-6540
22. Time.
Time is of the essence. If both parties have not executed this Contract within thirty days
of each other it shall become null and void. If the time for performance of any obligation ends on
a holiday or weekend, the time -period shall be extended until 5 p.m. of the next business day.
23. Miscellaneous.
This Contract shall bind and inure to the benefit of the parties and their successors in
interest. All notices required to be given under this Contract must be in writing and must be made
by personal delivery, a recognized courier service or certified mail, return receipt requested,
postage prepaid. There are no understandings or representations relied upon in entering this
Contract except as written herein. No modification to or change in this Contract shall be valid or
binding upon the parties unless in writing and executed by the parties intended to be bound by it.
Venue for any action concerning this Contract shall lie in the 17th Judicial Circuit in and for
Broward County, Florida. THE PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY IN
ANY LEGAL PROCEEDING CONCERNING THE CONTRACT.
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties have executed this Contract as of the dates indicated above:
ESCROW AGENT:
Accepted and Agreed to
By: Donald Dufresne, Esq.
Signed on:
BUYER:
Medalist Restaurant Grou II, LLC
By:
Title: MWA44
Signed on:
SELLER:
City of Tamarac, a Florida municipal corporation
By: T -
Title:2-
Signed on: ( D —1 4 � �`� a
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 3, less South 7 feet thereof, 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.
(SUBJECT TO VERIFICATION BY SURVEY TO BE OBTAINED BY BUYER)
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