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Home My WebLink AboutCity of Tamarac Resolution R-2024-020Temp. Reso. #14087 February 14, 2024 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO EXTEND THE DUE DILLIGENCE PERIOD FROM MARCH 25, 2024 TO DECEMBER 31, 2024 RELATING TO THE SHAKER VILLAGE CLUBHOUSE PURCHASE CONTRACT IN SUBSTANTIALLY THE SAME FORM AS EXHIBIT "A" ATTACHED HERETO; 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 Commercial Contract and Addendum for real property located at Canterbury Lane, Tamarac, FL ; and WHEREAS, the Parties are desirous of amending the Contract to extend the Due Diligence Period from March 25, 2024 to December 31, 2024; 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 from March 25, 2024 to December 31, 2024, and authorize the City Manager and City Attorney to take any and all actions necessary to effectuate same. Temp. Reso. #14087 February 14, 2024 Page 2 of 3 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 approves the Fourth Addendum to Commercial Contract to acquire the Old Shaker Village Clubhouse in substantially the same form as Exhibit "A" attached hereto. 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 from March 25, 2024, to December 31, 2024. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. #14087 February 14, 2024 Page 3 of 3 PASSED, ADOPTED AND APPROVED this day of fj�799 c4A-?,j , 2024. ATTEST: KIMBERL , MC CITY CLERK ICHELLE J. GOM MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ N0 DIST 1: COMM.BOLTON `ice DIST 2: V/M. WRIGHT JR DES DIST 3: COMM. VILLALOBOS N� DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. HANS OT INOT CITY ATTORNEY FOURTH ADDENDUM TO COMMERCIAL CONTRACT THIS FOURTH ADDENDUM TO COMMERCIAL CONTRACT (this "Fourth Addendum") is made as of the Lij�tiay of frt&*J- 2024, by and between CITY OF TAMARAC, a Florida municipal corporation (`Buffer') 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 "Properly'). WHEREAS, the Parties are desirous of amending the Contract. WHEREFORE, the Seller and Buyer have agreed to amend the Contract as follows: 1. Extension of Due Diligence Period. The Due Diligence Period shall be extended from March 25, 2024 to December 31, 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. 2. Conflicts. Where the any provision of this Fourth Addendum conflicts with any provision of the Contract, this Fourth Addendum shall control. This Fourth Addendum, where referred to together with the Contract, herein, shall be referred to as (the "Ag_reement"). All capitalized terms used in this Fourth Addendum shall have the same meaning as set forth in the Contract unless otherwise provided. 3. Counterparts. This Fourth 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. [EXECUTION PAGE FOLLOWS] Page 1 of 2 DocuSign Envelope ID: 5C5D8EE8-7BC5-45CF-9B2A-79FF98EDF131 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Addendum as of the date first above written. BUYER: City of Tamarac, a Florida municipal corporation By:_ Name: Title: Page 2 of 2 SELLER: Shaker Village Condominium Association, Inc., a Florida not for profit corpor-No, By: Name: Nadine Gordon Title: Treasurer IN WITNESS WHEREOF, the parties hereto have executed this Fourth Addendum as of the date first above written. City of Tamarac, a Florida munic pal corporation By: Name: LOGnMUCU091Y Title: CKVManager Page 2 of 2 SELLER: Shaker Village Condominium Association, Inc., a Florida not for profit corporation By:_ Name: Title: Jose L. Baloyra Shareholder Phone:305.260.1021 Fax:305.442.2232 jbaloyra@beckerlawyers.com Becker & Poliakoff 2525 Ponce de Leon Blvd, Suite 825 Coral Gables, FL 33134 January 29, 2024 Levent Sucuoglu, City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321 Sent via email: levent.sucuogluAtamarac.org; hans(a ottinotlawpa.com Becker Re: Commercial Contract by and between Shaker Village Condominium Association, Inc. ("Shaker Village"), as Seller, and the City of Tamarac, as Buyer, for the sale of recreational property located on Canterbury Lane, having an Effective Date of July 28, 2023 (the "Contract" Dear Mr. Sucuoglu: Please be advised that our firm serves as counsel to Shaker Village Condominium Association, Inc. ("Shaker Village"). As you are aware, a unit owner has filed suit seeking to block the referenced transaction. The lawsuit is styled "Tonya Nesbitt v. Shaker Village Condominium Association, Inc.", case no. CACE-23-018265 in the Circuit Court of the 17'' Judicial Circuit in and for Broward County, Florida (the "Lawsuit"). The Lawsuit alleges, principally, that Shaker Village cannot sell the recreational parcel without obtaining approval of 75% of the unit owners. While Shaker Village disagrees with the merits of the Lawsuit, it nonetheless, held a duly noticed special meeting of the members on October 30, 2023, for purposes of voting on the following matter: Termination of Recreation and Community Facilities Lease recorded in Official Records Book 5224, at Page 258 of the Public Records of Broward County, Florida; sale of Recreational Parcel 1 to the City of Tamarac; and Entry into Shared Use Agreement for Community Center to be constructed by the City of Tamarac The meeting was adjourned to December 15, 2023, at which time the question was called and approved with a vote of 277 in favor and 3 opposed. Shaker Village has since filed the attached motion for summary judgment in the Lawsuit and the court has set a hearing for April 10, 2024. Accordingly, Shaker Village is requesting that the Due Diligence Period be extended to December 31, 2024, so as to allow Shaker Village sufficient time to obtain an adjudication that will enable Shaker Village to convey marketable and insurable title to the City of Tamarac. 24549234v.1 www.beekerlawyers.com Florida ( New Jersey I New York I Washington, D.C. Page 2 Very truly yours, BECKER & POLIAKOFF I �# Jose L. Baloyra For the Firm JLB cc: Hans Ottinot, City Attorney, City of Tamarac Board of Directors 24549234v.1