HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-089 First Amdt to Contract Sale_Purchase Medalist Group_Culver's of TamaracTemp. Reso. # 13831
August 24, 2022
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2022- DF?
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING A FIRST
AMENDMENT TO CONTRACT FOR SALE AND PURCHASE
BETWEEN THE CITY OF TAMARAC, A MUNICIPAL
CORPORATION AND MEDALIST RESTAURANT GROUP ll,
LLC, D/B/A CULVER'S OF TAMARAC, ATTACHED
HERETO AS EXHIBIT 1", AUTHORIZING AN EXTENSION
OF THE APPROVALS PERIOD, NUNC PRO TUNC TO
JANUARY 16, 2023; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
WHEREAS, The City of Tamarac approved a Contract for Sale and Purchase
(Contract) effective October 14, 2021, between the City of Tamarac (Seller) and Medalist
Restaurant Group II, LLC, d/b/a Culver's of Tamarac (Buyer) via Resolution TR-2021-
13700; and
WHEREAS, The Contract for Sale and Purchase has a specific period known as
the Approvals Period (one hundred and twenty days following the Inspection Period)
whereby the Buyer obtains all necessary "Approvals" to construct a Culver's Restaurant
136967692.1
Temp. Reso. # 13831
August 24, 2022
Page 2 of 4
with drive-thru service; and
WHEREAS, the Buyer is currently engaged in securing a major site plan approval
from the City in accordance with Section 7 of the Contract; and
WHEREAS, the Buyer has requested an extension of the one hundred twenty
(120) day Approvals Period for an additional one hundred and fifty (150) days providing
for a total of a two hundred seventy (270) day Approvals Period to allow for ongoing
approvals to facilitate the construction, completion, and operation of the contemplated
restaurant on the Property and all related structures, amenities, and improvements; and
WHEREAS, an additional one hundred and fifty (150) days are needed for reviews
and approvals for a total of two hundred and seventy (270) days as described in Exhibit
1" attached hereto and incorporated herein ("First Amendment"); and
WHEREAS, the Director of Community Development recommends that the
appropriate city officials be directed to execute the First Amendment, extending the
Approvals Period from 120 days to 270 days or January 16, 2023; and
WHEREAS, The City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the business owners, residents, and visitors of the City of Tamarac
to authorize and direct the appropriate city officials to execute the First Amendment to
extend the Approvals Period nunc pro tunc to January 16, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA.-
Section 1: The foregoing recitals are true and correct and hereby adopted as
the legislative and administrative findings of the City Commission; all exhibits attached
hereto are incorporated herein and made a specific part of this Resolution.
136967692.1
Temp. Reso. # 13831
August 24, 2022
Page 3 of 4
Section 2: The appropriate city officials are authorized to execute the First
Amendment attached as Exhibit 1" on behalf of the City to extend the Approvals Period
nunc pro tunc to January 16, 2023.
Section 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4: If any clause, section or 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.
Section 5: This Resolution shall become effective immediately upon its passage
and adoption.
"The remainder of this page has been left blank intentionally"
136967692.1
Temp. Reso. # 13831
August 24, 2022
Page 4 of 4
PASSED, ADOPTED AND APPROVED this 24th day of August, 2022.
ATTEST:
KIMBERL DILLON, CMC
CITY CLE K
MIC ELLE J. GOME
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ: yes
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN v6s_
DIST 3: COMM. VILLALOBOS y jFS
DIST 4: COMM. PLACKOy�
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR
THE UEjE AND RELIANCE OF THE CITY OF TAMARAC ONLY.
�-"-
® a
W•-
136967692.1
FIRST AMENDMENT TO
CONTRACT FOR SALE AND PURCHASE
This First Amendment to Agreement of Purchase and Sale ("Amendment") is entered into as
of August 24, 2022 by and between Medalist Restaurant Group II, LLC d/b/a Culver's of
Tamarac ("Buyer") and City of Tamarac, a Florida municipal corporation ("Seller").
RECITALS:
A. Buyer and Seller entered into that certain Contract for Sale and Purchase effective
October 14, 2021 relating to Buyer's purchase of the Property from Seller (the "Contract").
B. Buyer and Seller mutually desire to modify and amend the terms of the Contract as
follows.
NOW THEREFORE, in consideration of the premises, the mutual covenants set forth below
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Buyer and Seller agree as follows:
1. Recitals/Defined Terms. The recitals set forth above are true and correct and are part
of this Amendment. The terms used in this Amendment without definition shall have the same
meaning as when used in the Contract.
2. Approvals Period. The Approvals Period is hereby extended Nunc Pro Tune through
5:00 p.m. on January 16, 2023. Simultaneously with the execution of this Amendment, Buyer shall
deposit an additional $30,000 with the Escrow Agent (the "Amendment Extension Deposit"). Buyer
acknowledges that the Amendment Extension Deposit, together with the Deposits, the two (2)
previous extension deposits under the Contract and the Amendment Option Deposit (if necessary)
(collectively, the "Contract Deposits") are non-refundable and shall be applied towards the Purchase
Price at Closing. Buyer shall have the option to extend the Approvals Period for an additional thirty
(30) days (the "Extension"), by delivering written notice to Seller no later than three (3) days prior
to the expiration of the Approvals Period and deposit an additional $15,000 with the Escrow Agent
(the "Amendment Option Deposit").
3. Closing Date. The closing date shall be no later than ten (10) calendar days from
Buyer's receipt of the Approvals.
4. Scope of Amendment. In the event of any conflicts between the terms and provisions
of this Amendment and the terms and provisions of the Contract, the terms and provisions of this
Amendment shall control. Except where specifically modified by this Amendment, the Contract
shall remain unmodified and in full force and effect.
5. Counterparts. This Amendment may be executed in any number of facsimile or
electronic counterparts each of which, when taken together, shall constitute one original.
[SIGNATURES ON FOLLOWING PAGE]
136625709.2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date set
forth above.
Buyer:
Medalist Restaurant Group II, LLC d/b/a Culver's
of Tamarac,.,
By:
Print Name: Or-, r 4 /LA. —
Title: __ iC►'J h�+�i.�
Seller:
CITY OF TAMARAC, a Florida municipal
corporation
By.
Print Name: [C oM 6 Z,
Title: M Pt - --to ►Z
136625709.2