HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-078Temp. Reso. # 12519
July 8, 2014
REVISION 1
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-20147 r
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA APPROVING AND AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE THAT CERTAIN
REAL ESTATE PURCHASE AND SALE CONTRACT FOR THE
PURCHASE OF REAL PROPERTY LOCATED AT THE ARBOR
KEYS CONDOMINIUM COMPLEX, TAMARAC, FLORIDA;
ATTACHED HERETO AS EXHIBIT "A" INCORPORATED
HEREIN; PROVIDING FOR THE APPROVAL OF THE
CONTRACT AND AUTHORIZING THE PROPER CITY
OFFICIALS TO CONSUMMATE THE TRANSACTION
CONTEMPLATED BY THE CONTRACT FOR PURCHASE AND
SALE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, Fire Station 78 was originally constructed in 1978 making the
building 36 years old: and
WHEREAS, the location of the existing Fire Station 78 building is surrounded by
the Arbor Keys Condominium Complex (built in 1974) and is adjacent to Commercial
Boulevard; and
WHEREAS, the ingress/egress for Fire Station 78 has been to/from Commercial
Boulevard since it was originally constructed; and
WHEREAS, Fire Station 78's current location, issues created by current
ingress/egress solely on to Commercial Boulevard, its age, and its configuration on site
make it a continuing challenge to service its area of responsibility; and
WHEREAS, the demolition and rebuilding of Fire Station 78 to provide a more
efficient egress system on to 47th Terrace as well as Stormwater retention on site is
contingent on the acquisition of property both east and west of the existing Fire State 78
site; and
WHEREAS, City staff have been working with the Arbor Keys Condominium
Association to acquire, through a voluntary sale, two locations adjacent to Fire Station
78, one small triangular parcel on the west side of the station and one parcel and roadway
on the east of the station; and
Temp. Reso. # 12519
July 8, 2014
REVISION 1
Page 2of3
WHEREAS, Arbor Keys Condominium Association Board of Directors has
approved a resolution authorizing the negotiated transfer of land attached hereto and
incorporated herein as Exhibit "A"; and
WHEREAS, it is the recommendation of the Director of Financial Services that
the appropriate officials be authorized to execute the Agreement for Purchase and Sale of
Real Property
WHEREAS, the City Commission deems it to be in the best interests of the City
to approve and authorize the proper city officials to execute that certain Real Estate
Purchase and Sale Contract for the purchase of real property located at Arbor Keys
Condominium Complex, Tamarac, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF TAMARAC THAT:
SECTION 1. The foregoing "WI1EREAS" clauses are true and correct and
hereby ratified and confirmed by the City Commission.
SECTION 2. The City Commission of the City of Tamarac, Florida hereby
approves and authorizes the proper city officials to execute that certain Real Estate
Purchase and Sale Contract for the purchase of real property located at Arbor Keys
Condominium Complex, Tamarac, Florida; a copy of the Real Estate Purchase and Sale
Contract is attached hereto as Exhibit "B".
SECTION 3.
City Officials to do
Resolution.
The City Commission hereby authorizes and directs the appropriate
all things necessary and expedient to effectuate the intent of this
SECTION 4. All resolutions inconsistent or in conflict herewith shall be and are
hereby repealed insofar as there is conflict or inconsistency.
SECTION 5. If any section, sentence, clause, or phrase of this resolution is held
to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this resolution.
Temp. Reso. # 12519
July 8, 2014
REVISION 1
Page 3 of 3
SECTION 6. This resolution shall become effective upon its passage and adoption by the
City Commission.
PASSED AND ADOPTED BY THE CITY C
TAMARAC, FLORIDA THIS A DAY OF _
IN
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form
I
ON OF THE CITY OF
. 2014.
CITY OF TAMARAC, FLORIDA
s
SLER, MAYOR
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: V/M. GOMEZ
DIST 3: COMM. GLAS SER
DIST 4: COMM. PLACKO
EXHIBIT A
RATE RES
ri-INL-14
The undersigned officers of ARBOR KEYS CONDONIM11M ASSOCIATION, INC., a Florida not -for
rofit corporation a "Association" herebycertifythat the followingresolutions have been adopted by the
Board of Directors of the Association:
RESOLVED, in accordance with the provisions of Section 718.112(7)(m) wbdch provides:
(m) Common elements; limited power to convey.--
1. With respect to condominiums created on or after October 1, 1994, the bylaws shall include a
provision granting the association a limited power to convey a portion of the common elements to a
condemuning authority for the purpose ofproviding utility easements, right -of -waxy expansion, or other
public purposes, whether negotiated or as a result of proceedings.
2. In any case where the bylaws are silent as to the association's power to convey common elements
as desenibed in subparagraph 1., the bylaws shall. be deemed to include the provision descn'bed in
subparagraph
The Board of Directors shall accept the negotiated transfer of land to the City of Tamarac to be used
for the Expansion of the fire station and for use as a public roadway.
IT IS HEREBY CERTIFIED that the foregoing Resolution has been duly adopted at a meeting of the
Board of Directors of the Association, which meeting was called for such specific purpose and held in accordance
with the current By -Laws and Articles of Incorporation of the Association and in accordance with the laws of the
State of Florida. It is further certified that the foregoing Resolutions are in full force and effect as of this date.
IN WITNESS WHEREOF, this Corporate Resolution has been executed this 4& day of July, 2014.
A"OR KEYS CONDOMENIUM ASSOCIATION,
INC., a Florid- rofit corporation
By:
ASSOCIATION, INC.
STATE OF FLORIDA
ss.
BRO'WARD COUNTY
Z hereb catify that on this 3 day of. July 2014, before me, an officer
acknow edgm is in the state aforesaid and in the county aforesai
Mc 6U . as President of ARBOR KEYS CONDO ASS
r--ierson4y ,ii • 1 to me.
r�
~1 • : i%NT,Stateof Florida
My UmmissionExpires: PrintName: G13e-6&5r
(407) 39"153
GREGORY CALLISTE
MY COMMISSION *FF0492,62
EXPIRES September 15, 2017
Ftorid
I
duly authorized to take
T10N, ETC., -who is
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
-1-h
THIS AGREEMENT is made and entered into as of this9 day of �tt4
Q r
2014 ("Agreernent") by and between the City of Tamarac, a Florida municipal
corporation, whose post office address is 7525 NW 88d' Ave., Tamarac, Florida 33321
(hereinafter referred to as "PURCHASER") and Arbor Keys Condominium Association,
Inc., a Florida not -for -profit corporation, whose post office address is PO Box 590715,
Tamarac, Florida 33359 (hereinafter referred to as "SELLER").
WITNESSETH
In consideration of the mutual agreements and upon and subject to the terms and
conditions herein contained, the parties hereto agree as follows:
1. DEFINITIONS.
The following terms when used in this Agreement for Purchase and Sale shall have
the following meanings:
1.1 Property. That certain vacant real property located in Tamarac,
Florida (the "Property) which Property is more particularly described with the legal
description in Exhibit "A," attached hereto and made a part hereof.
1.2 Closing. The delivery of a Quit Claim Deed to PURCHASER
concurrently with the delivery of the purchase price and other cash consideration to SELLER.
1.3 Closing Date. The Closing Date shall occur on or before fifteen (15)
days after the expiration of the Inspection Period.
1.4 Deed. A Quit Claim Deed, which shall convey the Property from
SELLER to PURCHASER
1.5 Earnest Mon. The sum of Ten and 00/100 ($10.00) Dollars has
been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth herein.
1.6 Effective Date. The Effective Date of this Agreement shall be the date
upon its execution by all parties to this Agreement: SELLER, PURCHASER and the Escrow
Agent.
1.7 SELLER'S Address. Seller's
Page 1
mailing address is Arbor Keys
Condominium Association, PO Box 590715, Tamarac, Florida 33359.
1.8 PURCHASER'S Address. Purchaser's mailing address is City of
Tamarac, Attn: Finance Director, Mark Mason, 7525 NW` 88' Ave., Tamarac, Florida 333211
with copy to Goren, Cherof, Doody & Ezrol,, P.A., Attn: Donald J. Doody, Esq., at 3099 East
Commercial Boulevard, Suite 200, Florida 33308.
1.9 Other Definitions. The terms defined in any part of this Agreement
shall have the defined meaning wherever capitalized herein. wherever appropriate in this
Agreement, the singular shall be deemed to refer to the plural and the plural to the singular,
and pronouns of each gender shall be deemed to comprehend either or both of the other
genders. As used in '', this Agreement, the terms "herein", "hereof' and the like refer to this
Agreement in its entirety and not to any specific section or subsection.
2. PURCHASE PRICE.
Subj ect to the provisions of this Agreement, the SELLER hereby agrees to sell to
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property
previously identified on Exhibit "A" for the total Purchase Price of Two Thousand Eight
Hundred Thirty -Five and 00/100 ($2,,835.00) Dollars and upon and subject to the terms and
conditions hereinafter set forth.
Purchaser's obligation to close the transaction in accordance with provisions
of this Agreement is contingent upon the SELLER'S ability to deliver
good and marketable
title for the Property in accordance herewith. Should the SELLER default hereunder, the
PURCHASER shall b entitled to an immediate refun
be d f o the entire sum of the Earnest
Money held by the Escrow Agent. At Closing, copy of the closing statement signed by both
parties hereto shall be conclusive evidence of the SELLER'S right to receive the Earnest
Money deposit.
2.1 The Purchase includes:
!, (a) All buildings and improvements located on the Land, if any;
(b) All right-of-ways, alleys, waters, privileges, easements and
appurtenances which are on or benefit all the Land;
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(q) All right, title and interest, if any, of SELLER in any Land
lying in the bed of any public or private street or highway, opened or proposed, in front any of
the adjoining Property to the center line thereof. The sale also includes any right of SELLER
to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation
of any right, title or interest of SELLER and (2) for any damage to the Land due to change of
II
grade of any street or highway. SELLER will deliver to PURCHASER at closing, or
thereafter on demandl' instruments for the conveyance of title and the assignment and
proper ey �
collection of award and damages;
(d) To the extent transferable, all licenses, permits, contracts and
leases, if applicable,, with respect to the property.
3. INSPECTIONS.
PURCHASER shall have forty-five (45) days commencing on the Effective Date to
perform inspections of the property as the PURCHASER deems necessary ("Inspection
Period"). During the Inspection Period, PURCHASER shall, at its sole cost and expense,
determine that utility services including, water, waste water, electric, telephone and all other
utilities are available in the proper size and capacity to serve the existing facilities and
installed to the property lines. At all times during the Inspection Period, PURCHASER and
its agents shall be provided with reasonable access during normal business hours to the
Property for purposes of on -site inspection, upon reasonable prior Notice to SELLER. The
scope of the inspection contemplated herein shall be determined by the PURCHASER as
deemed appropriate under the circumstances. This Agreement is contingent upon
PURCHASER, i 1 x n 'nin 'n satisfactory Ph I
at � sole cost and expense, se, obtaining and accepting a sates actoiy Phase
Environmental. Audit, and if deemed necessary at its discretion, a Phase II Environmental
Audit for which it will be granted an additional sixty (60) days for inspections. In the event
that any inspections and any review of documents conducted by the PURCHASER relative to
the Property during this Inspection period prove unsatisfactory in any fashion, the
PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement prior to the
end of the forty-five (45) day Inspection Period and PURCHASER also agrees to indemnify
and hold SELLER harmless from any losses, claims, costs, and expenses, including
reasonable attorney's fees, which may result from or be connected with any acts or omissions
of PURCHASER during inspections that are done pursuant hereto. PURCHASER will
provide written notice by mail or facsimile to SELLER and/or SELLER'S counsel and receive
an immediate refund of all Earnest Money deposits plus interest paid hereto in the event the
PURCHASER determines that the Property is unsuitable during the Inspection Period or
proceed to Closing as set forth herein.
4. SELLER'S REPRESENTATIONS,
To induce PURCHASER to enter into this Agreement, SELLER makes the following
representations, all of which, to the best of its knowledge, in all material respects and except
as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of
the Closing unless SELLER receives information to the contrary, and (iii) shall survive the
Closing. In that event, PURCHASER shall be provided immediate notice as to the change to
the following representations:
4.1 At all times from the Effective Date until prior to Closing, SELLER
shall keep the Property (whether before or after the date of Closing) free and clear of any
mechanic's or mate ialmen's liens for work or materials fim fished to or contracted for, by or
on behalf of SELLER prior to
the
Closing, and SELLER shall indemnify, defend
and hold
PURCHASER hanWess from
and
against all expense and liability in connection
therewith
(including, without limitation, court costs and reasonable attorney's fees).
4.2 SELLER has no actual knowledge nor has SELLER received any
notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or
the Property by any organization, person, individual or governmental agency which would
affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse
fashion) the use, occupancy or value of the Property or any part thereof or which would
otherwise relate to the Land.
4.3 SELLER has full power and authority to enter into this Agreement and
rm i obligations hereunder in this
to assume and perform is ob g Agreement. SELLER does not 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
an of the Property assets of the SELLER b reason of the terms of an contract mortgage,
Y p� Y Y �
lien, lease, agreement, indenture, instrument or j udgment to which the SELLER is a party of
which is or purports to be binding upon the SELLER or which affects the SELLER;
4.4 ! SELLER represents that it will not, between the date of this
Agreement and the',, Closing, without PURCHASER'S prior written consent, which consent
it
shall not be unreasonably withheld or delayed, except in the ordinary course of business,
create by its consent any encumbrances on the Property. For purposes of this provision the
term "encumbrances" shall mean any liens, claims, options, or other encumbrances,
encroachments, rig4ts-of-way, leases, easements, covenants, conditions or restrictions.
4.5 SELLER represents that there are no parties other than SELLER in
possession of the Properly or any portion of the Property as a lessee.
4.6 SELLER shall not list or offer the Property for sale or solicit or
negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use
its best efforts to n ntain the Properly in its present condition so as to ensure that it shall
remain substantially in the same condition from the conclusion of the forty-five (45) day
Inspection Period to the Closing Date.
4.7 SELLER represents that it has no actual knowledge nor has it received
any notice that the and has been, is presently or is contemplated to be utilized as a reservoir
of hazardous material. As used herein, the term "Hazardous Material" shall mean any
substance, waxer ohr material which has been determined by any state, federal or local
government autho -ty to be capable of posing a risk of injury to health, safety and property,
including, but not limited to, all of those materials, wastes and substances designated as
hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of
Labor,U.S.Department of Transportation, and/or an other state or local governmental
abo ,the U.S a3�tm p y
agency now or her er authorized to regulate materials and substances in the environment
(collectively "Goveknmental Authority(ies)").
5. EVIDENCE OF TITLE.
5.1
by delivery of a
. SELLER shall convey to PURCHASER at Closing,
fit Claim Deed, title to the subject Property. PURCHASER shall, within
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fifteen (15) days of the commencement of the Inspection Period, secure a title insurance
commitment issued by a title insurance underwriter approved and selected by PURCHASER
for the Property insuring PURCHASER'S title to the Property subject only to those
exceptions set forth, in the commitment. The costs and expenses relative to the issuance of a
title commitment and an owner's title policy shall be borne by the PURCHASER
CHASER shall have fifteen (15) days from the date of receiving said
commitment to examine the title commitment. If PURCHASER objects to any exception to
title as shown in the title commitment, PURCHASER within ten (10) days of expiration of the
Inspection Period ;
which it objects.
which SELLER ch,
said objection(s) fi
provided notice to
cure any objection,
staffing either (1) t
such cure, or (ii)
objection. If SEL
period set forth i
Agreement by wri
specifying an unc
Escrow Agent st
notify SELLER in writing specifying the specific exception(s) to
objection(s) of which PURCHASER has so notified SELLER, and
s to cure, shall be cured by SELLER so as to enable the removal of
the title commitment within ten (10) days after PURCHASER has
ER Within five (5) days after the expiration of SELLER'S time to
shall send to PURCHASER a notice in writing (a "cure notice")
the objection has been cured and in such case enclosing evidence of
t SELLER is either unable to cure or has chosen not to cure such
shall be unable or unwilling to cure all objections within the time
the preceding sentence, then PURCHASER may (a) terminate this
i notice to the SELLER within five (5) days after receipt of a cure notice
)d objection, in which event all instruments and monies held by the
be immediately returned to PURCHASER; or (b) subject to the
provisions set forthbelow, proceed to close the transaction contemplated herein despite the
uncured objection.
5.2.
Survcyand Legal Description within ten (10) days of the
commencement of the Inspection Period, PURCHASER has at its own expense has ordered:
(i) a survey ]
showing the
by a registered land surveyor or engineer licensed in the State of Florida
ies of the land, and the location of any easements thereon and certifying
the number of acres (to the nearest one thousandth acre) of land contained in the Property, all
buildings, improvements and encroachments; and (ii) a correct legal description of the
Property which, upon approval thereof by PURCHASER and SELLER (not to be
0,16M
unreasonably wi
survey shall be
insurance.
portion of the land
shall be the legal description used in the deed of conveyance. The
ified to PURCHASER and the title insurance company issuing the title
the survey shows any material encroachments, strips, gores, or any
-contiguous to any other portion of the Property or any other matter
materially affecting, the intended use of the Property or marketability of title to the Property
(any such matter s herein called a "survey objection" and treated as a title defect),
PURCHASER shall within the forty-five (45) day Inspection Period to approve or disapprove
SELLER f disapproval thereof indicating in
any survey objection and to give nonce to S o any app g
reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees
that it will not arbitrarily or unreasonably withhold its approval of any such survey objection
and that PURCHA ER will attempt to approve any such survey objection which does not
affect the marketability of title or materially interfere with PURCHASER'S use of the
Property. In the event PURCHASER provides a notice of disapproval of a survey objection
to SELLER, the rights and obligations of the parties respecting such survey objections shall
be governed b S ction 5.1 hereof such that the parties shall have the same rights and
g y �
n objected ted t w� • anew exception to title which was
objections as though such survey objection o � c o as p
discovered and objected to within the contemplation of Section 5.1.
6. PURCHASER'S REPRESENTATIONS.
PURCHASER hereby represents and warrants to the best of his knowledge that all of
the following are true and correct:
(a) PURCHASER has full power and authority to enter into this
and to assume and perform all of its obligations hereunder.
(b) The execution and delivery of this Agreement and the
ion of the transaction contemplated hereunder on the part of the
PURCHASER do not and will not violate the corporate or organizational
of PURCHASER and will not conflict with or result in the breach
of a4y condition or provision, or constitute a default under, or result in the
ion or imposition of any lien, charge or encumbrance upon any of the
s of any contract, mortgage, lien, lease, agreement, indenture, instrument
or judgment to which the PURCHASER is a party.
(c) No action by any federal, state, municipal or other
governmental department, board, bureau or instrumentality other than
by the City of Tamarac City Commissioner is necessary to make this
nt a valid instrument binding upon PURCHASER in accordance with
its terms and conditions.
All of the representations, warranties and covenants of PURCHASER contained in
this Agreement or �m' any other document, delivered to SELLER in connection with the
transaction
ated 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.
7.
Each of
PRECEDE
following events or occurrences ("Conditions Precedents') shall be a
condition precedentto PURCHASER'S obligation to close this transaction:
101
(b)
(c)
That the PURCHASER has not timely notified SELLER that it is not
satisfied with the Inspection Period investigation conducted on the
Property during the Inspection Period.
SELLER has performed all covenants, agreements and obligations,
and complied with all conditions required by this Agreement to covey
clear and marketable title of the Property to PURCHASER, prior to
closing.
Approval of this Agreement by the City
Commissioner on or before August 30, 2014.
of Tamarac City
Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until
the deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. In the
event any portion
or other casualty
the Property is destroyed, rendered unleaseable or dysfunctional by fire
the following shall apply:
(a) If the damage, as determined by the insurance adjuster,
is not more than $1,000.00: (1) PURCHASER shall complete
settlement and all insurance proceeds relating to the improvements
damaged by such casualty loss shall be paid to the PURCHASER, and
(ii) SELLER shall assign to PURCHASER on the date of Closing the
full amount of any proceeds payable under SELLER'S fire and
Mended coverage insurance policy applicable to said damage;
(b) If the damage, as determined by the insurance adjuster,
is more than One Thousand ($1,000.00) DOLLARS, PURCHASER
shall have the option to (i) complete the settlement hereunder and
collect all available insurance proceeds relating to the improvements
damaged by such casualty loss, in which case SELLER shall pay to
PURCHASER on the date of Closing the full amount of any
deductible under SELLER'S fire and extended coverage insurance
policy, or (ii) terminate this Agreement and receive a refund of entire
deposit and interest. SELLER warrants that it shall maintain until the
date of the Closing adequate "All Risk" property insurance; and:
(c) In the event the Property, or any portion hereof, is
condemned by any governmental authority under its power of eminent
domain or becomes the subject of a notice of condemnation, prior to
Closing, PURCHASER may elect to terminate this Agreement, in
which event the entire deposit and interest shall be returned to
PURCHASER
and neither party shall
have
any
ftwther claim against
the other, or
PURCHASER may
elect
to
complete settlement
I
hereunder, in which event SELLER shall assign to PURCHASER all
of SELLER'S right, title and interest in and to any condemnation
awards, whether pending or already paid applicable to the loss of the
real property and the improvements located thereon, and there shall be
no adjustment to the Purchase Price.
9. CLOSING DOCUMENTS.
MMMMMMMW
At closing, SELLER shall deliver to PURCHASER a Quit Claim Deed, Bill of Sale, if
applicable, No Lie t/Gap Affidavit Non -Foreign Certification in accordance with Section
1445 of the Intern Revenue Code, 1099 Form and any other documents as listed as title
requirements in Sc edule B-I of the Title Commitment to assure the conveyance of good and
marketable fee simple title of the Property to the PURCHASER.
100 CLOSING COSTS, T
10.1 Seller's Closing Costs. SELLER shall pay for the following items prior
to or at the time of
Florida Statutes.
using:
a) Cost of providing marketable title as provided herein, and
b) Documentary Stamps on the deed as provided tinder Chapter 201,
10.? Purchaser's Closing Costs.
following items prig to or at the time of Closing:
I and phase II);
be recorded in the
Broward County).
11.
The Closi
PURCHASER shall pay for the
a) Costs associated to appraisals, survey, environmental reports (phase
b) Recording fees of the Deed, and any other instrument as required to
is Records;
c) Owner's title insurance policy (normally a Seller's charge in
G
D PLACE,
will take place on or before August 30, 2014 at the law offices of Goren,
Cherof, Doody & Ezrol, P. A located at 3099 East Commercial Blvd., Suite 200, Fort
Page 10
0
Lauderdale, Florida 33308.
12.
In the
following remedii
as liquidated da
Agreement either
If the 'P
with the terms and
of a default by SELLER, PURCHASER shall have the election of the
which shall include the return of the earnest money, and accrued interest
or equitable relief to enforce the terms and conditions of this
ugh a decree for specific performance or injunctive relief.
ER shall fail or refuse to consummate the transaction in accordance
isions of this Agreement, all monies on deposit and interest earned on
the deposit shall be immediately forfeited to SELLER as agreed upon liquidated damages and
PURCHASER h n er res responsibility or liability of an kind to SELLER virtue
shall have o other p ty ty y by
of such default.
'S sole and entire remedy shall be restricted to retention of the
deposit plus all accrued interest.
13. CtJ TINGEN(
contingent upon the following:
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PURCHASER'S obligations under the Agreement is
(a) That the PURCHASER is fully satisfied with its due diligence investigation
conducted during the investigation period.
(b) The conveyance of clear and marketable title to the property.
(c) That the environmental audit that is satisfactory and acceptable to PURCHASER.
(d) The City Commission of the City of Tamarac authorizes the transaction.
14. BROKER:
The partieseach represent to the other that they have not dealt with any real estate
broker, real estate salesman or finder in conjunction with this transaction who is entitled to
a fee or brokerage commission in accordance with Florida law.
15.
RCEABILITY.
If any
provision
in this Agreement shall
be held to be excessively
broad, it shall be
construed b Y
limiting
g
and reducing i to be
g �
enforceable to the extent
compatible with
p
Page 11
applicable lava.
If any
provision in this
Agreement shall,
notwithstanding the
preceding
sentence, be held
illegal
or unenforceable,
such illegality or
unenforceability shall
not affect
an other provision of this Agreement.
y P � �
16. NO CE.
All written notices shall be deemed effective if sent to the following places:
PURCHASER: City of Tamarac
7525 NW 88' Ave.
Tamarac, Florida 33321
Attn: Mark Mason, Finance Director
With Copy to: Donald J. Doody, Esq.
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, #200
Fort Lauderdale, Florida 33308
Tel: (954) 771-4500
Fax: (954) 771-4923
SELLER: Arbor Keys Condominium Association Inc.
PO Box 590715
Tamarac, FL 33359
With a Copy to:
ESCROW AGENT:!
170
This
in the Federal or
GOREN, CHEROF, DOODY & EZROL, P.A.
3 099 East Commercial Boulevard, ##200
Fort Lauderdale, Florida 33308
shall be governed by the laws of the State of Florida Venue shall be
Courts in Broward County, Florida
Page 12
18. EN]CIRE AGREEMENT.
All prior understandings and agreements between SELLER and PURCHASER are
merged in this Agreement. This Agreement completely expresses their full agreement.
19. AMMMENT9
No modification or amendment of this Agreement shall be of any force or erect
unless in writing and executed by both SELLER and PURCHASER.
20. SUCCESSORS.
This Agreement shall apply to and bind the executors, administrators, successors and
assigns of SELLER and PURCHASER.
21. CQMTERPARTS:
This Agreement may be executed in two or more
counterparts, each of which shall be
taken to be an original and all collectively deemed one instrument. The parties hereto agree
that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as
originals.
22. LITIGATION COSTS:
In connection with any litigation arising out of this Agreement, the prevailing party -
shall be entitled to' recover from the non -prevailing party all costs and expenses incurred,
including its reasonable attorney's fees at all trial and appellate levels and post judgment
proceedings.
23. SIGN EASEMENT: At closing, SELLER shall grant to PURCHASER a
permanent easement which shall allow SELLER to maintain a monument sign on the property
in a location to be agreed upon b SELLER and PURCHASER during the Inspection Period.
p y � P
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
Page 13
indicated above:
Witnesses:
PURCHASER:
CITY OF TARAC
By: May
Signed on: 7 '-- It r' I T
SELLER:
Arbor Keys Condominium Association, Inc.
President
Signed on:
ESCROW AGENT
Accepted and Agreed to:
GO , CHEROF, DOODY & EZROL, P.A.
By: U L I Signed on: I S
H:1 GOV CLIENTS\TAM 2704\94961101Agreement of Purchase and Sale v4 7.29.13.doc
Page 14
EXHBIT "=A"
LEGAL DESCRIPTION
A portion of Parcel A, LEADERSHIP OF TAMARAC PHASE ONE, according to the Plat
thereof, as recorded in Plat Book 76, Page 35 of the Public Records of Broward County,
Florida, being more particularly described as follows:
Commencing at the most Westerly corner of said Parcel A; thence North 28058'21" East
along the West line of said Parcel A, a distance of 22.18 feet to the Point of Beginning;
thence continue North 28158'21" East along said West line, a distance of 108.25 feet; thence
South 61028'32" East, a distance of 54.13 feet to a point on a boundary line of said Parcel
"A"; thence South 51°26'46" East along said boundary line, a distance of 121.11 feet to a
point lying and being on a line 73.50 feet North of and parallel with the centerline of
Commercial Boulevard; thence North 38033' 14" West along said parallel line, a distance of
8.48 feet to the Point of Beginning.
Said lands situate lying and being in the City of Tamarac, Broward County, Florida.
Containing 3,443 square feet more or less.
and together with:
A portion of Parcel A, LEADERSHIP OF TAMARAC PHASE ONE, according to the Plat
thereof, as recorded in Plat Book 76, Page 35 of the Public Records of Broward County,
Florida, being more particularly described as follows:
Commencing at the most Southerly corner of said Parcel A, said point lying and being on a
line 53.00 feet North of and parallel with the centerline of Commercial Boulevard; thence
North 38033' 14" West along said parallel line, a distance of 81.65 feet to the Point of
Beginning, with the last call being along a boundary line of said Parcel A; thence North
27046' 44" West, a distance of 21.48 feet to a point lying and being on a boundary line of said
Parcel A; thence North 51 ° 26' 46" East along said boundary line, a distance of 195.98 feet;
Page 15
thence South 38 ° 33' 14" East, a distance of 57.60 feet to a point on the arc of a circular
curve concave to the Southeast and to said point a radial line bears North 380 10' 06" West;
thence Northeasterly along the arc of said circular curve having a radius of 1,041.31 feet, a
central angel of 12° 27' 04" and an arc length of 226.29 feet to a point on the arc of a
circular curve concave to the Southeast and to said point a radial line bears North 22°00' 34"
West; thence Northeasterly along the arc of said circular curve having a radius of 1,964.58
feet, a central angel of 04 °39' 50" and an arc length of 159.92 feet to a point on the arc of a
circular curve concave to the Southeast and to said point a radial line bears North 16 ° 31'
15" West; thence Northeasterly along the arc of said circular curve having a radius of
793.76 feet, a central angel of 14 ° 30' 48" and an arc length of 201.06 feet; thence South 00
° 12' 12" East, a distance of 15.14 feet to a point on the arc of a circular curve concave to the
South and to said point a radial line bears North 04 °02' 45 " West, said point also lying and
being on a line 25.00 feet North of and parallel with the South line of the aforesaid Parcel A;
thence Southwesterly along the arc of said circular curve having a radius of 952.25 feet, a
central angle of 34°30' 29" and an arc length of 573.52 feet; thence South 51° 26' 46" West,
a distance of 184.64 feet to a point lying and being on a line 70.00 feet North of and parallel
with the centerline of Commercial Boulevard, with the last two (2) calls being on a line
25.00 feet North of and parallel with the South line of the aforesaid Parcel A; thence North
38 ° 33' 14" West along said parallel line, a distance of 32.95 feet; thence North 74° 12' 21 "
West, a distance of 29.17 feet to the Point of Beginning.
4,
Said lands situate lying and being in the City of Tamarac, Broward County, Florida,
Containing 25,352 square feet more or less.
(SUBJECT TO VERIFICATION BY A SURVERI)
HA GOV CLIENTSUAM 2704\9496110\Agreement of Purchase and Sale v4 7.29.13.doc