HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-059Temp. Reso. #10374
March 11, 2004
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-5y
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT FOR PURCHASE AND SALE OF REAL
PROPERTY BETWEEN ALEX SHATHER, AS TRUSTEE
OF THE UNIVERSITY BUSINESS PARK TRUST
AGREEMENT DATED JUNE 7, 2002 (SELLER) AND
THE CITY OF TAMARAC (BUYER) IN THE AMOUNT
OF ONE MILLION FIVE HUNDRED FIFTY FIVE
THOUSAND DOLLARS ($1,555,000.00) FOR THE CITY
TO PURCHASE 5.95 ACRES +/- OF VACANT LAND
FOR OPEN SPACE AND RECREATIONAL PURPOSES;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the 5.95 acre parcel known as, all of Summit Professional
Complex, less the West Two Hundred Forty -Nine feet (W 249') thereof,
according to the Plat thereof as recorded in Plat Book 101, Page 29, of the Public
Records of Broward County, Florida (hereinafter "Shather Parcel") has been
identified by the City as a potential site for expansion of open space and
recreational opportunities within the City of Tamarac; and
WHEREAS, the City of Tamarac desires to acquire additional park land
and open space for the purpose of expanding the City's recreational open space
in order to comply with the Broward County Land Use Plan as well as achieve
public recreation land goals; and
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March 11, 2004
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WHEREAS, the City was recently granted funds through Florida
Communities Trust to reimburse costs incurred during acquisition of the Rockford
Parcel/Parcel R; and
WHEREAS, these funds are available to cover the costs of acquisition of
the Shather Parcel; and
WHEREAS, the City Commission expressed interest in negotiating for the
acquisition of the Shather Parcel at the March 8, 2004 City Commission
Workshop Meeting; and
WHEREAS, the purchase of the Shather Parcel by the City of Tamarac
will be for the public purpose of providing recreational open space; and
WHEREAS, funds are available through the Broward County Land
Acquisition Program and the City of Tamarac will pre -acquire the parcel and seek
reimbursement from Broward County following the acquisition as appropriate;
and
WHEREAS, the City Manager recommends execution of the Agreement
between the City of Tamarac (Buyer) and Alex Shather, as Trustee of the
University Business Park Trust Agreement Dated June 7, 2002 (Seller) for the
sale of the Shather Parcel (hereto attached as Exhibit A) and authorization of the
purchase in the amount of ONE MILLION FIVE HUNDRED FIFTY FIVE
THOUSAND DOLLARS ($1,555,000.00); 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
Temp. Reso. #10374
March 11, 2004
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execute an Agreement for Purchase and Sale of Real Property ("Contract")
between Alex Shather, as Trustee of the University Business Park Trust
Agreement Dated June 7, 2002 (Seller) and the City of Tamarac (Buyer) in the
amount of ONE MILLION FIVE HUNDRED FIFTY FIVE THOUSAND
($1,555,000.00) for the City to purchase 5.95 acres +/- to secure the property for
park purposes.
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.
SECTION 2: The City Commission hereby approves the
Agreement for Purchase and Sale of Real Property ("Contract") between Alex
Shather, as Trustee of the University Business Park Trust Agreement Dated
June 7, 2002 (Seller) and the City of Tamarac (Buyer), a copy of said agreement
is attached hereto as Exhibit "A".
SECTION 3: The appropriate officials of the City of Tamarac,
Florida are hereby authorized to execute on behalf of the City of Tamarac,
Florida the Agreement for Purchase and Sale of Real Property ("Contract")
between Alex Shather, as Trustee of the University Business Park Trust
Agreement Dated June 7, 2002 (Seller) and the City of Tamarac (Buyer), a copy
of which Contract is attached hereto as Exhibit "A".
Temp. Reso. #10374
March 11, 2004
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SECTION 4: The appropriate officials of the City of Tamarac,
Florida pursuant to the terms of the Contract are hereby authorized to issue a
draft in the amount of THIRTY FIVE THOUSAND DOLLARS ($35,000.00) made
payable to the order of "W. Craig Eakin, Trust Account" and to deliver same to W.
Craig Eakin, P.A. as Escrow Agent, said funds representing the Deposit pursuant
to the terms of paragraph 2 of the Contract.
SECTION 5: The appropriate officials of the City of Tamarac,
Florida and/or the City's real estate counsel, W. Craig Eakin, P.A. are hereby
authorized: (a) to obtain two (2) real estate appraisals for the subject property,
(b) to obtain a Phase 1 Environmental Audit of the subject property, and (c) to
obtain a boundary survey of the subject property, during the Inspection Period
stated in paragraph 3 of the Contract, all at City expense.
SECTION 6: The appropriate officials of the City of Tamarac,
Florida are hereby authorized to obtain title insurance on the subject property in
the amount of the purchase price from an authorized title insurer in the State of
Florida, at City expense.
SECTION 7: The appropriate officials of the City of Tamarac,
Florida are hereby authorized to fund and to close the transaction contemplated
in the Contract upon the occurrence of all conditions precedent thereto•and the
appropriate officials of the City of Tamarac, Florida are specifically authorized to
execute any and all documents required to complete the closing, including but
not limited to, closing statements, standard closing affidavits, and assignments.
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March 11, 2004
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SECTION 8: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 9: 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 10: This Resolution shall become effective
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this 24th day of March, 2004.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRf
CITY ATTORNE
Ji'.E SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER 4.,44
DIST 1: COMM. PORTNER CZ 4
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
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AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AGREEMENT made between ALEX SHATHER, AS TRUSTEE OF THE
UNIVERSITY BUSINESS PARK TRUST AGREEMENT DATED JUNE 7, 2002, with a
principal office located at 3950 NW 167 Street, Miami, Florida 33054, (hereinafter referred to as
"Seller"), and the CITY OF TAMARAC, a municipal corporation of the State of Florida,
and/or Assigns, with offices for the transaction of business at 7525 NW 88`h Avenue, Tamarac,
Florida (hereinafter referred to as "Buyer").
1. PURCHASE AND SALE. The Seller agrees to sell and the Buyer agrees to purchase
the following parcel of real property, located in the City of Tamarac, County of Broward, State
of Florida, and described as follows:
All of SUMMIT PROFESSIONAL COMPLEX, LESS the West Two
Hundred Forty -Nine feet (W 249') thereof, according to the Plat thereof as
recorded in Plat Book 101, Page 29, of the Public Records of Broward
County, Florida. Containing approximately 5.95 acres, more or less.
2. PURCHASE PRICE. The purchase price for the property described above shall be
the sum of $1,555,000.00, said sum to be paid as follows:
(A) DEPOSIT: Upon the execution of this Agreement by all parties, Buyer
agrees to pay into escrow with W. Craig Eakin, P.A., (hereinafter referred to as "Escrow
Agent"), the sum of THIRTY-FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00) as
earnest money and partial payment for the Property (hereinafter referred to as the "Deposit"),
and shall cause said Escrow Agent to furnish to Seller in writing an acknowledgment of receipt
of said Deposit. The Deposit shall be held by Escrow Agent and utilized in accordance with the
provisions of this Agreement. The Deposit, if this transaction closes, shall become a credit in
favor of the Buyer against the purchase price at closing. If this transaction shall fail to close, the
disposition of the Deposit shall be as provided herein, and the interest on the Deposit shall
follow the Deposit and inure to the benefit of the party entitled thereto. Reference to the Deposit
throughout this Agreement shall include any and all accrued interest thereon.
(B) BALANCE TO CLOSE: Buyer shall pay to Seller the balance of the
purchase price by certified funds, official City of Tamarac check or wire transfer at the time and
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place of Closing as hereinafter provided.
0 3. FINANCING AND INSPECTION PERIODS. At the option of the Buyer, the
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obligation of Buyer to close this transaction is subject to the inspection rights and financing
contingency rights stated in this section.
(A) INSPECTION: Buyer shall have forty-five (45) days from the Effective Date
of this Agreement (the "Inspection Period") within which to make Buyer's inspection and
examination of all the Property. If, during the Inspection Period, Buyer delivers to Seller a
written statement stating that Buyer, in Buyer's sole discretion, determines that the Property is
not suitable for its intended use and Buyer wishes to terminate this Agreement, the Deposit set
forth herein shall be returned to Buyer, at which time this Agreement shall be null and void and
Buyer and Seller shall have no further obligations under this Agreement. During the Inspection
Period, Buyer and Buyer's agents and other representatives shall have the right to enter upon the
Property to inspect, examine, survey, photograph, obtain engineering inspections, environmental
inspections, appraisals and otherwise do that which, in the opinion of Buyer, is necessary to
determine the boundaries, acreage and condition of the Property and to determine the suitability
of the Property for the uses intended by Buyer in Buyer's sole and absolute discretion. After any
entry on the Property, Buyer shall return the Property to the condition it was in prior to such
entry or any tests made by the Buyer, including the re -compaction of any disrupted soil. All
inspections or tests shall be at the sole expense of Buyer. Buyer shall timely pay for and, to the
extent allowed by law, hold Seller harmless from liability for all tests, services, inspections,
audits and examinations performed on Buyer's behalf under this Paragraph 3 so that the Property
does not become subject to any liens. Buyer has no authority or right to create liens upon the
Property. If such a lien occurs on account of Buyer's inspection activities, Buyer shall remove
same by a statutory permitted bond or otherwise within five (5) days from Notice from Seller.
(B) FINANCING: Buyer shall have forty-five (45) days from the Effective Date
of this Agreement (the "Financing Period") within which to secure financing for Buyer's
purchase of the Property. If, during the Financing Period, Buyer delivers to Seller a written
statement stating that Buyer, in Buyer's sole discretion, has been unable to secure acceptable
financing for Buyer's purchase of the Property and Buyer wishes to terminate this Agreement,
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the Deposit set forth herein shall be returned to Buyer, at which time this Agreement shall be
null and void and Buyer and Seller shall have no further obligations under this Agreement.
4. EFFECTIVE DATE. The Effective Date of this Agreement shall be the date upon
which the Buyer, through authorized City Officials, executes such. The parties agree that upon
Seller's execution of this Agreement, Buyer shall cause the terms and conditions of this
Agreement to be placed on an agenda before the City Commission for the City of Tamarac for
their consideration thereof, Upon consideration thereof, and in the event that the City
Commission for the City of Tamarac passes a Resolution authorizing the appropriate City
Officials to execute the Agreement, said Agreement shall be executed by said authorized City
Officials. Upon execution of this Agreement by the authorized City Officials for the City of
Tamarac, this Agreement shall become binding upon all parties. It is expressly agreed between
the parties that this Agreement is not a binding contract until such time as it has been executed
by the authorized City Officials for the City of Tamarac. The parties agree that in the event this
Agreement is not fully executed by all parties by April 15, 2004, this Agreement shall become
null and void.
5. CLOSING. This Agreement shall be consummated and the purchase and sale
concluded on or before ten (10) days after the end of the Inspection and Financing Periods set
forth in paragraph 3, above. Closing shall be at the law office of W. Craig Eakin, P.A. located at
2900 E Oakland Park Blvd., Fort Lauderdale, Florida, 33306, attorney for the Buyer,
6. TITLE INSURANCE OR ABSTRACTS. At least thirty (30) days prior to closing,
Seller shall furnish to Buyer a copy of any existing title insurance policy or abstract of title
relating to the Property that is in Seller's possession or control. Within twenty (20) days
following delivery of title evidence, the Buyer shall obtain, at Buyer's expense, a title insurance
commitment issued by a title insurance company authorized to conduct business in Florida,
showing title to the property to be good and marketable and vested in the Seller, free and clear of
all encumbrances except:
(A) real property and school taxes and assessments for the year of closing and thereafter;
(B) conditions and restrictions of record that are common to the subdivision or
neighborhood;
(C) applicable zoning ordinances, if any;
(D) reservations for canal rights and road right-of-way of record:
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0 7. OBJECTIONS TO TITLE. The Buyer shall have twenty (20) days following
delivery of title evidence to make written objections to the state of title to the Property. If the
Buyer has valid objections to the state of the title, the Seller shall have a period of time, not to
exceed sixty (60) days from the date of receipt of the Buyer's written objections, within which
the Seller may cause the objections to be removed, and the date of closing shall be extended for
that purpose. If, at the end of the period set forth in the preceding sentence, the objections have
not been eliminated, the Buyer may, at its option to be exercised by written notice to the Seller
within five (5) days following expiration of said 60-days period, refuse to accept title, or accept
same in its then existing condition without any diminution in the purchase price. In the event of
refusal by the Buyer to take title, this Agreement shall be terminated and Buyer and Seller shall
have no further obligations under this Agreement and the Deposit set forth herein shall be
returned to Buyer. In the event that there are valid objections to the condition of the title, then
the closing will be held within ten (10) days after either elimination of the objections or receipt
of notice from Buyer that it will accept title despite the existence of valid objections.
8. ADJUSTMENTS. Buyer shall pay taxes and recording fees on notes, mortgages, and
• financing statements. Buyer shall pay recording fees on the deed and Buyer's attorney's fees.
C.
Seller shall pay documentary stamps on the deed, recording fees for documents needed to cure
title defects and Seller's attorney's fees. It shall be the obligation of Seller to discharge all liens
against the Property at closing that may be released or satisfied by the payment of money alone
and Seller may utilize the cash to close for this purpose. The parties shall prorate taxes,
assessments, and rents as of the date of closing. Buyer shall pay for the title insurance
commitment and title insurance. Seller shall pay to update title evidence or abstracting, as
needed.
9. DEED. At the closing, the Seller shall convey good and marketable title to the Buyer
by Warranty Deed, conveying the subject property free and clear of all liens and encumbrances,
except as herein noted. At the closing, Seller shall also deliver the following documents:
(A) Affidavit from Seller stating that either there have been no improvements
made to the Property during the ninety (90) days immediately preceding
the closing or, if there have been any such improvements, that all lienors
in connection with such improvements have been paid in full.
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. (B) Non -Foreign Certification Affidavit.
(C) Such additional documents, resolutions, certificates and instruments as the
closing agent may reasonably require to transfer and insure the title to the
Property.
10. REAL ESTATE BROKERS. Each party represents to the other party that no real
estate broker or other person seeking compensation for arranging the sale of the Property has
been employed, except as noted below: Total Commission is 8% of purchase price to be split
equally between Listing Agent (4%) and Selling Agent(4%).
Listing Agent: Alex Shather/Y.M. (Jerry) Akdoruk
Address: 3T'So A/. W. /47 57y"-Y '
A • FG 33 054
Telephone: (2o5) GZ$— /S 5 S
Facsimile: aS _ 6 2t .- Z3
Commission: 4% of purchase price to be paid by Seller upon closing of the sale.
Selling Agent: Nate Caplan/Cenmark Realty Services, Inc.
Address: 8360 West Oakland Park Blvd., Suite 316
Sunrise, FL 33351
Telephone: (954) 423-2100
Facsimile: (954) 749-2131
Commission: 4% of purchase price to be paid by Seller upon closing of the sale.
11. NOTICES: Notices and written communications hereunder shall be given by
certified mail or overnight commercial express delivery service to the other party as follows:
To Buyer: Jeff Miller
City Manager
City of Tamarac
7525 NW 88`" Ave
Tamarac, FL 33321
(954) 724-1230 (phone)
(954) 724-2454 (fax)
With Copy to: W. Craig Eakin, Esq.
2900 E. Oakland Park Blvd.
Fort Lauderdale, FL 33306
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(954) 566-7417 (phone)
. (954) 565-2392 (fax)
U
To Seller: Alex Shather, Trustee
3950 NW 167 Street
Miami, FL 33054
(305) 624-1555 (phone)
(305) 624-8383 (fax)
With Copy to:
Either party may change its address for notices and written communications hereunder by giving
written notice of such change to the other party.
12. ESCROW AGENT. Escrow Agent agrees to hold, keep and deliver the Deposit set
forth herein in accordance with the terms and provisions of this Agreement. Escrow Agent shall
be liable only to hold said sums and deliver the same to the parties named herein in accordance
with the provisions of this Agreement, it being expressly understood that by acceptance of this
Agreement, Escrow Agent is acting in the capacity as a depository only and shall not be liable or
responsible to anyone for any damages, losses or expenses unless same shall have been caused
by the gross negligence or willful malfeasance of Escrow Agent.
13. BENEFIT. This Agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors and assigns of the Seller and the Buyer.
14. ENTIRE AGREEMENT. This Agreement, together with the other written
agreements and instruments executed concurrently herewith or pursuant to the provisions hereof,
contains the entire agreement between the parties respecting the matters herein set forth and
supersedes all prior agreements between them respecting such matters.
15. HEADINGS. Paragraph headings are for the purposes of convenience and
identification only and shall not be used to interpret or construe the Agreement.
16. GENDER AND NUMBER. Whenever the singular or plural number, or masculine
or feminine gender, is used herein, it shall equally include the other.
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17. GOVERNING LAW. This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida. Should litigation arise out of this Agreement,
the prevailing party will be entitled to be reimbursed by the other for its costs, including
reasonable attorney's fees, incurred at all levels of litigation, including appeals.
18. INTEGRATION AND MODIFICATIONS. This Agreement integrates all prior
understandings of the parties, and may be modified only by a written document signed by both
parties.
19. TIME. Time is of the essence of this Agreement.
20. RECORDATION. Neither this Agreement, nor any memorandum hereof shall be
recorded in the Public Records of Broward County, Florida.
21. PROPERTY SOLD "AS IS, WHEREIS". The Property is being sold and
conveyed to Buyer "As Is, Where is" and with all faults.
22. ASSIGNMENT. Buyer may freely assign this Agreement.
23. DISCLOSURE. Alex Shather discloses that he is a Florida Licensed Real Estate
Salesman working under Y.M. (Jerry) Akdoruk, Registered Real Estate Broker, and that he has a
• beneficial interest in the University Park Trust Agreement dated June 7, 2002. Further, Y.M.
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(Jerry) Akdoruk, Registered Real Estate Broker, also has a beneficial interest in the University
Park Trust Agreement dated June 7, 2002.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGES TO FOLLOW]
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SIGNATURE PAGE - SELLER
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year shown below.
�J
ALEX SHATHER, TRUSTEE OF THE UNIVERSITY
BUSYNESS PARK TRUST AGREEMENT DATED
JUNE 7, 2002 /
By: 0 e !
Name: Alex Shather, rustee
Dated: /2 , 2004.
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SIGNATURE PAGE - BUYER
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year shown below.
Attest:
—:�' i.*J4" -
Marion Swens n, City Clerk
CITY OF TAMARAC, a municipal corporation
of the State of Florida
By: ke�z�
Na . oe Schreiber
Titl .Mayor
Dated: - �`( .....9 2004.
By: L.
Name: Je ey L. Miller
Title: City Manager
Dated: 0 _,2004.
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