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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-051Temp Reso #12953 Page 1 May 5, 2017 �1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2017- 51 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, DECLARING PROPERTY SURPLUS AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THAT CERTAIN PURCHASE AND SALE AGREEMENT BETWEEN JULIETTE AND KENDALL PINDER AND THE CITY OF TAMARAC, ATTACHED HERETO AS EXHIBIT "1", FOR THE SALE OF AN IRREGULAR SHAPED APPROXIMATELY EIGHTY (80') FOOT BY SEVENTY TWO AND 91/100 (72.91') FOOT STRIP OF REAL PROPERTY ON THE WEST SIDE OF ROCK ISLAND ROAD APPROXIMATELY 100 FEET NORTH OF HOLLY DRIVE, KNOWN AS A PORTION OF PARCEL G-31, THE WOODLANDS SECTION ONE -PHASE ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGE 22 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 Corporation ("Seller") is the owner of certain unimproved real property that is an irregular shape parcel located along the west side Rock Island Road located on the north side of the property located at 4608 Holly Drive, Tamarac, Florida, and is more particularly described in Exhibit "A" (the "Property") to that certain Purchase and Sale Agreement (the "Agreement") attached hereto and made a part hereof; and E Temp Reso #12953 Page 2 May 5, 2017 WHERAS, Juliette and Kendal Pinder, owners of 4608 Holly Drive, Tamarac, Florida, desires to purchase and the Seller desires to sell the Property upon the terms and conditions set forth in the Agreement; and WHEREAS, the City Commission determines that continued ownership of a portion of the Property is no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the City in accordance with Section 6-156.2(a) of the City of Tamarac Code of Ordinances and declares the Property to be Surplus Property; and WHEREAS, a Purchase and Sale is mutually beneficial to the parties given that it will return a portion of the property to the tax rolls; and WHEREAS, in accordance with Section 6-156.2(b), 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 thousand and no/100 dollars ($5,000), 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 Financial Services recommends the appropriate City Officials execute the Purchase and Sale Agreement with Juliette and Kendal Pinder; 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 Purchase and Sale Agreement between the City of Tamarac and Juliette and Kendal Pinder, a copy of said agreement is included herein as Exhibit "'I", attached hereto and incorporated herein by reference, and made a specific part hereof. 1 I Temp Reso #12953 Page 3 May 5, 2017 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 expressly incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission hereby finds that the Property described in the Purchase and Sale Agreement, which is attached hereto as Exhibit "'I", is declared surplus property with an appraised value of $5,000, and authorizes the sale of the Property to Juliette and Kendall Pinder. SECTION 3: The appropriate City officials are hereby authorized to execute the Purchase and Sale Agreement with Juliette and Kendal Pinder, a copy of said Agreement is attached hereto as Exhibit 1" SECTION 4: The appropriate City officials are authorized to take any necessary action to effectuate the intent of this Resolution, including the execution of a closing statement, and any other documents necessary to close the transaction. 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, 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. Temp Reso #12953 Page 4 May 5, 2017 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. r PASSED, ADOPTED AND APPROVED this ATTEST: RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: V/M. PLACKO I HEREBY CERTIFY that I have approved thi R SOLUTIO as to form. vv . " W, r17, SA UEL S. GOR , CITY ATTORNEY C CONTRACT FOR SALE AND PURCHASE ,� THIS CONTRACT FOR SALE AND PURCHASE (this "Contract") is made this day of `//%1 , 2017 by and between the City of Tamarac, a Florida municipal corporation, whose address f purposes of this contract is 7525 NW 88"' Avenue, Tamarac, FL, 33321 ("Seller") and Juliette F. Pinder and Kendall Pinder, wife and husband, whose address is 4608 Holly Drive, Tamarac, Florida ("Buyer" ). NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. Sale and Purchase. The Seller hereby agrees to sell to the Buyer and the Buyer hereby agrees to purchase the real property which is legally described on Exhibit "A" attached hereto in Tamarac, Florida, 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 4,752 square feet of real property located in the City of Tamarac, Broward County, Florida, generally known as a portion of Tax Parcel 4941 14 02 1740, more particularly described on Exhibit "A" attached hereto, together with all improvements, easements, tenements, and appurtenances belonging thereto (the "Property") 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. 3. Purchase Price. The purchase price ("Purchase Price") for the Property shall be FIVE THOUSAND and 00/100 ($5,000.00) DOLLARS payable as follows: a. Initial Deposit. An initial deposit of One Thousand and 00/100 ($1,000.00) Dollars (the "Initial Deposit") paid by the Buyer within three (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 GOREN CHEROF DOODY & EZROL, P.A. with offices located at 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, FL 33060 (the "Escrow Agent"). 4. Effective Date of Contract. The effective date of this Contract (the "Effective Date") shall be the date of execution by the last party signing. 5. Inspection Period. The Buyer shall have a period of Ten (10) 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 the expiration of the Ten (10) day 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 and it is terminating the Contract for Purchase and Sale. {001772223 2704-94993611 6. Closing Date. The closing date shall be on or before but no later than June 15, 2017. a. Place of Closing. The Closing shall occur in Broward County, Florida at the offices of Goren, Cherof, Doody & Ezrol, P.A. ("Escrow Agent") or any other location selected by the Seller, subject to the Buyer's approval which shall not be unreasonably withheld. b. Seller's Obligation at Closing. Seller shall execute and deliver a Quit -Claim Deed conveying title to the property subject to a restriction that the Property shall not be used for commercial purposes. c. Buyer's Oblation at Closing. Buyer shall cause the balance of the Purchase Price to be paid to Seller by bank wire transfer or other immediately available funds. 7. Contingencies. Seller's obligations under the Contract are contingent upon the following: a. The City Commission of the City of Tamarac approving and authorizing the transaction as contemplated by the terms and provisions of this Contract. 8. Expenses. The cost of recording the Deed, including Documentary Stamps on the Deed, and any and all expenses associated with the transaction shall be paid by the Buyer. 9. Prorations. The Property is currently exempt from ad valorem taxes and there are no taxes or other matters to prorate. 10. 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 into this Contract and perform according to its terms. 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. c. 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 Agreement, and SELLER makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) 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 PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER 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 Agreement, PURCHASER 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 {00177222.3 2704-9499361} 2 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", ni 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. 11. 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. 12. 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. 13. 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 Agreement 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 Buyer to Seller, then at the option of the Buyer, any Deposit placed under this Agreement shall be promptly returned by the Escrow Agent to the Buyer, together with all interest earned thereon. 14. Broker Fees. The Buyer and the Seller acknowledge and agree that no real estate brokers are involved in this transaction. J001-77222.3 2704-9499361} 15. 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 into 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 Broward County, Florida. The parties waive the right to a trial by jury in any legal proceeding concerning the Contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day so stated. SELLER: CITY OF TAMARAC, A FLORIDA MUN y: Michael C. Cernech Title: City Manager {00177222.3 2704-9499361} A EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The South 80.00 feet of Parcel G-31, THE WOODLANDS SECTION ONE — PHASE ONE, according to the plat thereof, as recorded in Plat Book 66, Page 22 of the Public Records of Broward County, Florida. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida. Containing 4,752 square feet more or less. - - (00177222.3 2704-9499361)