HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-151Temp. Reso. #14068
December 13, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - f SI
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO EXECUTE AN AMENDMENT TO
THE SALE AND PURCHASE AGREEMENT TO
EXTEND THE DUE DILLIGENCE PERIOD FOR
THE PURCHASE OF THE SHAKER VILLAGE
CLUBHOUSE; AUTHORIZING THE CITY
MANAGER AND THE CITY ATTORNEY TO TAKE
ALL NECESSARY ACTIONS TO EFFECTUATE
THE EXTENSION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 28, 2023 the City of Tamarac and the Shaker Village
Condominium Association, Inc. executed that certain Sale and Purchase
Agreement and Addendum to Sale and Purchase Agreement for real property
located at Canterbury Lane, Tamarac, FL, having Folio No. 494111-01-1170
("Shaker Village Clubhouse"); and
WHEREAS, the Parties are desirous of amending the Sale and Purchase
Agreement to extend the Due Diligence Period that currently expires on December
26, 2023; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in
the best interests of the residents of the City of Tamarac to authorize the City
Manager and City Attorney to extend the Due Diligence period which expires on
Temp. Reso. #14068
December 13, 2023
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December 26, 2023 and authorize the City Manager and City Attorney to take any
and all actions necessary to effectuate same.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
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. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City Commission hereby authorizes the City Manager and
City Attorney to execute an Addendum to the Sale and Purchase Agreement to
extend the Due Diligence period which expires on December 26, 2023.
SECTION 3: The City Manager and City Attorney are authorized to take
any and all actions necessary to effectuate the extension of the Due Diligence
Period.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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.
SECTION 7: This Resolution shall become effective immediately upon
adoption.
Temp. Reso. #14068
December 13, 2023
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PASSED, ADOPTED AND APPROVED this 13 day of
2023.
ATTEST:
KIMBERLY DILLON, CMC
CITY CLERK
- //" v6m ll,�
ICHELLE J. GbMtz
►f�i1_ln[f7:7
RECORD OF COMMISSION VOTE
MAYOR GOMEZ:
DIST 1:
COMM. BOLTON
DIST 2:
V/M. WRIGHT
DIST 3:
COMM. VILLALOBOS
"
DIST 4:
COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
HANS OTTINOT'
CITY ATTORNEY
THIRD ADDENDUM TO COMMERCIAL CONTRACT
THIS THIRD ADDENDUM TO COMMERCIAL CONTRACT (this “Third
Addendum'*) is made as of the IS day of 2023. by and between CITY OF
TAMARAC, a Florida municipal corporation (“Buyer”) and SHAKER VILLAGE
CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation (“Seller”).
Buyer and Seller hereinafter collectively, the “Parties”).
WHEREAS, on July 28,2023, Buyer and Seller executed that certain Commercial Contract
and Addendums to Commercial Contract (“Contract”) for the real property located at Canterbury
Lane, Tamarac, Florida, having property ID number 494111-01-1170 (the “Property”).
WHEREAS, the Parties are desirous of amending the Contract.
WHEREFORE, the Seller and Buyer have agreed to amend the Contract as follows:
Extension of Due Diligence Period. The Due Diligence Period shall be extended
ninety (90) days from December 26, 2023. Based on the ninety (90) days extension, the Due
Diligence Period expires on March 25, 2024. Upon receiving response from the Seller regarding
title defects, the Buyer shall have fourteen (14) business days to review such defects. All time
periods that are based upon expiration of the Due Diligence Period shall be extended accordingly.
Conflicts. Where the any provision of this Third Addendum conflicts with any
provision of the Contract, this Third Addendum shall control. This Third Addendum, where
referred to together with the Contract, herein, shall be referred to as (the “Agreement”). All
capitalized terms used in this Third Addendum shall have the same meaning as set forth in the
Contract unless otherwise provided.
Counterparts. This Third Addendum may be entered into in any number of
counterparts and by the parties to it on separate counterparts, each of which when executed and
delivered, which may be via facsimile, shall be an original, but all the counterparts shall together
constitute one and the same instrument.
1.
2.
3.
[EXECUTION PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Third Addendum as of
the date first above written.
SELLER:BUYER:
Shaker Village Condominium
Association, Inc., a Florida not for
profit corporation
City of Tamarac, a Florida
municAal corporations
i
;-V-By:By:.
y Levent Sucuoglu
City Manager Title: pf
Name:
Title:
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