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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-182TR 11322 November 14, 2007 Page 1 of 3 1 3 /`�a _ . 4 RESOLUTION NO. l i 5 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 7 OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE 8 CITY OFFICIALS TO EXECUTE A SECOND ADDENDUM TO 9 THE AGREEMENT FOR EXCHANGE OF REAL PROPERTIES 10 BETWEEN THE CITY OF TAMARAC AND TAMARAC JEWISH 11 CENTER, INC., A COPY OF THE SECOND ADDENDUM` TO ' 12 THE AGREEMENT FOR EXCHANGE OF REAL PROPERTY IS 13 ATTACHED AS EXHIBIT "A"; PROVIDING THAT THE 14 SECOND ADDENDUM SHALL ALLOW A SIX (6) MONTH 15 EXTENSION OF THE INSPECTION PERIOD; PROVIDING IN 16 THE EVENT THE TAMARAC JEWISH CENTER, INC. DOES 17 NOT EXECUTE AND DELIVER TO THE CITY OF TAMARAC 18 THE SECOND ADDENDUM TO THE AGREEMENT BY FRIDAY 19 ' 20 NOVEMBER 16, 2007 AT NOON, THEN IN THAT EVENT THE APPROPRIATE CITY OFFICIALS ARE AUTHORIZED AND 21 DIRECTED TO TERMINATE THE AGREEMENT FOR 22 EXCHANGE OF REAL PROPERTIES; PROVIDING FOR 23 CONFLICTS; PROVIDING FOR SEVERABILITY; AND 24 PROVIDING AN EFFECTIVE DATE. 25 26 WHEREAS, the City of Tamarac and Tamarac Jewish Center, Inc. has 27 previously entered into an Agreement for Exchange of Real Property; and 28 29 WHEREAS, the City Commission deems it to be in the best interest of the City 30 to execute the Second Addendum to the Agreement for Exchange of Real Properties to 31 allow for a six (6) month extension of the inspection period; ,32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 34 THE CITY OF TAMARAC, FLORIDA THAT: 35 36 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and 37 hereby ratified and confirmed by the City Commission. All exhibits attached hereto 38 are hereby incorporated herein. 39 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TR 11322 November 14, 2007 Page 2 of 3 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. J 1 1 1 L TR 11322 November 14, 2007 Page 3 of 3 1 2 SECTION 6. This Resolution shall become effective immediately upon its 3 passage and adoption. 4 5 ADOPTED by the City Commission of the City of Tamarac, Florida this 6 day of November, 2007. 7 8 9 10 BETH FLANSBAUM-TALABISCO,MAYOR-' 11 ATTEST: 12 13 _ fk RECORD OF COMMISSION VOTE: 14 ,' MARION SWENSO1, CMC MAYOR FLANSBAUM-TALABISCO - i < - 15 CITY CLERK DIST 1: COMM. PORTNER •- <' 16 DIST 2: COMM. ATKINS-GRAD 17 DIST 3: V/M SULTANOF - 18 DIST 4: COMM. DRESSLER 19 20 21 I HEREBY CERTIFY that 22 I have approved this 23 RESOLUTION as to form. 24 25 26 27 SAMUEL S. G N 28 CITY ATTOi4i 29 30 HA2005\050164 TAMARAC\RESO 2007\Resolution Tamarac Jewish Center Extension Inspction Period.doc 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] Page 1 of 3 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. Page 2 of 3 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] Page 1 of 3 Nov lb U/ U1:Oyp r- 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. Page 2 of 3 7 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` �. — Print Name: Beth Flansbaum-Talabisco Title: Mayor / Dated: 2007. By Print Name: Jeffrey L. Miller Title: City Manage Dated: /) ,O z , 2007. Page 3 of 3 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. Page 3 of 3