HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-182TR 11322
November 14, 2007
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RESOLUTION NO. l i
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY
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OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
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CITY OFFICIALS TO EXECUTE A SECOND ADDENDUM TO
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THE AGREEMENT FOR EXCHANGE OF REAL PROPERTIES
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BETWEEN THE CITY OF TAMARAC AND TAMARAC JEWISH
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CENTER, INC., A COPY OF THE SECOND ADDENDUM` TO '
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THE AGREEMENT FOR EXCHANGE OF REAL PROPERTY IS
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ATTACHED AS EXHIBIT "A"; PROVIDING THAT THE
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SECOND ADDENDUM SHALL ALLOW A SIX (6) MONTH
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EXTENSION OF THE INSPECTION PERIOD; PROVIDING IN
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THE EVENT THE TAMARAC JEWISH CENTER, INC. DOES
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NOT EXECUTE AND DELIVER TO THE CITY OF TAMARAC
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THE SECOND ADDENDUM TO THE AGREEMENT BY FRIDAY
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NOVEMBER 16, 2007 AT NOON, THEN IN THAT EVENT THE
APPROPRIATE CITY OFFICIALS ARE AUTHORIZED AND
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DIRECTED TO TERMINATE THE AGREEMENT FOR
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EXCHANGE OF REAL PROPERTIES; PROVIDING FOR
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CONFLICTS; PROVIDING FOR SEVERABILITY; AND
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PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City of Tamarac and Tamarac Jewish Center, Inc. has
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previously entered into an Agreement for Exchange of Real Property; and
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WHEREAS, the City Commission deems it to be in the best interest of the City
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to execute the Second Addendum to the Agreement for Exchange of Real Properties to
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allow for a six (6) month extension of the inspection period;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF TAMARAC, FLORIDA THAT:
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SECTION 1. The foregoing "WHEREAS" clauses are true and correct and
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hereby ratified and confirmed by the City Commission. All exhibits attached hereto
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are hereby incorporated herein.
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TR 11322
November 14, 2007
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SECTION 2. In accepting the recommendation of City staff, the City
Commission of the City of Tamarac, Florida, hereby authorizes the appropriate City
official to execute a Second Addendum to the Agreement for Exchange of Real
Properties between the City of Tamarac and the Tamarac Jewish Center, Inc. provided
an original unaltered Second Addendum fully executed by an authorized representative
of the Tamarac Jewish Center is delivered to the City Manager's office at Tamarac City
Hall no later than twelve (12) noon on November 16, 2007. A copy of the Second
Addendum to the Agreement for Exchange of Real Properties is attached hereto,
incorporated herein, and identified as Exhibit "A".
SECTION 3. The City Commission of the City of Tamarac, Florida hereby
authorizes the appropriate City officials to terminate the Agreement for Exchange of
Real Properties in the event that Tamarac Jewish Center, Inc. fails to deliver a fully
executed original unaltered Second Addendum to Agreement for Exchange of Real
Properties to City Hall no later than twelve (12) noon on November 16, 2007by
Friday, November 16, 2007.
SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be
and the same are repealed to the extent of such conflict.
SECTION 5. If any clause, section or other part of this Resolution shall be
held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered eliminated and will in no way affect
the validity of the other provisions of this Resolution.
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TR 11322
November 14, 2007
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2 SECTION 6. This Resolution shall become effective immediately upon its
3 passage and adoption.
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5 ADOPTED by the City Commission of the City of Tamarac, Florida this
6 day of November, 2007.
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10 BETH FLANSBAUM-TALABISCO,MAYOR-'
11 ATTEST:
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RECORD OF COMMISSION VOTE:
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MARION SWENSO1, CMC
MAYOR FLANSBAUM-TALABISCO - i < -
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CITY CLERK
DIST 1: COMM. PORTNER •- <'
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DIST 2: COMM. ATKINS-GRAD
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DIST 3: V/M SULTANOF -
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DIST 4: COMM. DRESSLER
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I HEREBY CERTIFY that
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I have approved this
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RESOLUTION as to form.
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SAMUEL S. G N
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CITY ATTOi4i
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EXHIBIT "A"
SECOND ADDENDUM TO AGREEMENT FOR EXCHANGE OF REAL
PROPERTIES
THIS SECOND ADDENDUM TO AGREEMENT FOR EXCHANGE OF REAL
PROPERTIES ("Second Addendum") is made this November r , 2007, by and between the
CITY OF TAMARAC (hereafter "CITY") and TAMARAC JEWISH CENTER, INC. (hereafter
"TEMPLE"), and amends that certain AGREEMENT FOR EXCHANGE OF REAL
PROPERTIES (the "Contract") between CITY and TEMPLE regarding the exchange of real
properties identified in the Contract as the Temple Parcel and the Exchange Parcel, and amends
that certain Addendum to Agreement For Exchange of Real Properties ("First Addendum").
CITY and TEMPLE agree as follows:
The City Inspection Period set forth in Paragraph 3 (A) of the Contract shall be
extended to May 16, 2008. During the extended City Inspection Period, either
party may terminate the Contract by delivering a Written Notice to Terminate to
the other party.
2. Any conflict between this Second Addendum and the Contract and any conflict
between this Second Addendum and the First Addendum shall be construed in
favor of the terms and conditions of this Second Addendum.
Except as expressly modified herein, the Contract remains in full force and effect.
This Second Addendum may be executed in counterparts, each of which shall be
considered an original. A facsimile copy of this Second Addendum and any signatures
hereon shall be considered as originals.
[SIGNATURE PAGES TO FOLLOW]
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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Nov lb Ut UZO&P
N�
SIGNATURE PAGE - TEMPLE
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year shown below.
TA►MARAC JEWISH CENTER, INC.
H /7
Y=
Nanfc !
Title: President
Date: 1 q , 2007.
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SIGNATURE PAGE - CITY
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year shown below.
ATTEST:
-,City Clerk
Approved as to form:
Office of the City
CITY OF TAMARAC
41(
—
Print Name: Beth Flansbaum-Talabisco-'
Title: Mayor
Dated:/�!� 7 , 2007.
By: .
Print Name: Jeffrey L. Miller
Title: City Manager
Dated: Ll ,��7 52007.
Page 3 of 3
EXHIBIT "A"
SECOND ADDENDUM TO AGREEMENT FOR EXCHANGE OF REAL
PROPERTIES
THIS SECOND ADDENDUM TO AGREEMENT FOR EXCHANGE OF REAL
PROPERTIES ("Second Addendum") is made this November ` , 2007, by and between the
CITY OF TAMARAC (hereafter "CITY") and TAMARAC JEWISH CENTER, INC. (hereafter
"TEMPLE"), and amends that certain AGREEMENT FOR EXCHANGE OF REAL
PROPERTIES (the "Contract") between CITY and TEMPLE regarding the exchange of real
properties identified in the Contract as the Temple Parcel and the Exchange Parcel, and amends
that certain Addendum to Agreement For Exchange of Real Properties ("First Addendum").
CITY and TEMPLE agree as follows:
The City Inspection Period set forth in Paragraph 3 (A) of the Contract shall be
extended to May 16, 2008. During the extended City Inspection Period, either
party may terminate the Contract by delivering a Written Notice to Terminate to
the other party.
2. Any conflict between this Second Addendum and the Contract and any conflict
between this Second Addendum and the First Addendum shall be construed in
favor of the terms and conditions of this Second Addendum.
Except as expressly modified herein, the Contract remains in full force and effect.
This Second Addendum may be executed in counterparts, each of which shall be
considered an original. A facsimile copy of this Second Addendum and any signatures
hereon shall be considered as originals.
[SIGNATURE PAGES TO FOLLOW]
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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SIGNATURE PAGE - TEMPLE
IN Wn NESS WHEREOF, the parties hereto have set their hands and seals the day and
year shown below.
TAMARAC JEWISH CENTER, INC.
Hy:
N7anfe
Title: President
Date: Jvro V CN-6 iEIZ , f q 2007.
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SIGNATURE PAGE - CITY
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year shown below.
ATTEST:
City Clerk
Approved as to form:
llr/ �.
f the City tt r ey
CITY OF TAMARAC
By:
—� / /f` �.
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Print Name: Beth Flansbaum-Talabisco
Title: Mayor /
Dated: 2007.
By
Print Name: Jeffrey L. Miller
Title: City Manage
Dated: /) ,O z , 2007.
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NOV-15-2007(THU) 16:14 Craig Eakin P.R.
(FRH)9545652392 P.001/004
FAX #: 954-597-3520
W. Crai"akiin, P.A.
2900 E. Oakland Park Blvd.
Ft. Lauderdale, Fl. 33306
Phone # (954) 566-7417
Fax # (954) 565-2392
DATE: November 15, 2007
TO: Andrew Berns
F110m: W. Craig Eakin, Esq.
INCLUDING COVER SHEET NUMBER OF PAGES: 4
RE: Property Exchange between City of Tamarac and Tamarac Jewish Center, Inc.
Second Addendum to Agreement For Exchange of Real Properties
Andy.
Attached plcdsc find a facsimile original of the Second Addendum to Agreement For
Exchange of Real Properties as executed on behalf of tile Temple.
Please have the Second Addendum executed on behalf of the City of Tamarac, the
original of which may be forwarded to the City Clerk, and provide me with a copy of same for
my files and for forwarding to the Temple.
On page 1, plc�lill in the date that same is signed by the City.
W. Craig]
WCE/wce
Enclosure
NOV-15-2007(THU) 16;1d
Nbv 75 ur uk:xip
Craig Eakin P. H.
(FHX)9545652392
P.0021004
SECOND ADDENDUM TO AGREENTiW FOR IZXCHANGE OF REAL
PROPERTIES
TI�YS SECOND ADDENDUM TOAGREEMENT FOR EXCHANGE OF REAL
PROPERTl: S ("Sexand Addendum') is made this November _ 2007, by and bctwmm the
C1TY or TAm ARAG (h=ca#ter "CPIs" 7 sad TAmA-RAC SEWmH OTTER, 3NC. (hereafter
'T.h ="), aced mmends I= certain AGREEAMgT FOR EXCHANGE OF REAP.
PROPERTIES (the'Cantta ) between C11Y and TEMPLE regarding the exchange of reaL .
prapertles itiratiW in the Contract as the Temple Parcel and the Fxchwge P=cl, and amends
that certain Addendum to AWcernent For Exchange of Red Properties ("Ffrst Addeadt=m' .
CITY and TEI%dP= agree sty follows:
1. The City Inspextion Period set forth in Paragmph 3 (A) of the Caut mct Shall be
rxtcndtd to May 106 2008. During thu onttended City 1=pee6on Pe dod, Ether
party may te=3i tyre the Contract by dc&ming a writtcu Notice to Tenni__ nsalr to
the other' party.
2. Any conflict between this Second Addendum and the C= ,, I and atsy conflict
bommem this Second Addendum and the Ferst: Addendum shall be eaaistrt>nr3 itt
laver ofthe terms and cooriitioas atti1is Secorsd Addendum_
3. ' 1Fatccpt as expressly modified herein, the Contract tm=ius in fill force nod effect'.
This Second Addendum may be executed In cotmterpartn, each of which shall be
cowidered an original. A facsimile copy ofthis Set:ond Addendum and any signatures
hereon shall be considered as originals.
[SIGNATURE PAGES TO MLLOW]
r= RE.NL4YNDER OF MUS PAGE IS Y VIVi TiONAL1LY LE)N•T sLANIq
1'Age 1 of 3
NOU-15-2007(THU) 16:14 Craig Eakin P.R. (FRX)9545652392 P.003/004
SIGNATURE PAGE - TE`LE
IN alii M NMEREOP, the parses hereto have set their bands and smb the day end
year shown botow.
',TAMARAC 3MISH CENTER, INC.
N
TWL= Pnsid=t
Dat= J00 V QyB 2007.
Page .2 of 3
NOV-15-2007(THU) 16:14 Craig Eakin P.A.
i- Vt . .. e
(FAX)95a5652392 P.00a/00d
SIGNATURE PAGE- C rY
IN WITNESS WHEREOF, the parties hereto imve set their hands and seals the day and
year Shown below.
C[TY OIF TAAL RAC
ATTEST. By:
PdntNttm= Beth Flansbaum Talabisco
Title Mayor
City Clark Datcd� , Ana r.
Approved as to form:
Officc of the Citykbomey
. By.
PrintNm= rcffrry I� r
Title= City Manager
Dated__ .2007.
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