HomeMy WebLinkAboutCity of Tamarac Resolution (179)LJ
Temp. Reso. 9808
Page 1
June 13, 2002
Rev. #1 June 25, 2002
Rev. #2 June 26, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-179
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 LENNAR
LAND PARTNERS (SELLER) AND THE CITY OF
TAMARAC (BUYER) IN THE AMOUNT OF THREE
MILLION EIGHT HUNDRED FIFTY THOUSAND
($3,850,000.00) DOLLARS PLUS ADDITIONAL
COSTS RELATIVE TO THE ACQUISITION AS
DELINEATED IN THE CONTRACT FOR THE CITY
TO PURCHASE 15.1 ACRES +/- OF VACANT LAND
FOR OPEN SPACE AND RECREATIONAL
PURPOSES; AUTHORIZING THE APPROPRIATE
BUDGETARY TRANSFERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the 15.1 acre +/- parcel adjacent to the Tamarac Sports Complex
known as parcel R a/k/a Kings Point Rockford parcel has been identified by the City
as a potential site for expansion of open space 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
WHEREAS, the purchase of parcel R a/k/a Kings Point Rockford parcel by
Temp. Reso. 9808
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June 13, 2002
Rev. #1 June 25, 2002
Rev. #2 June 26, 2002
the City of Tamarac will be for the public purpose of providing recreational open
space; and
WHEREAS, Resolution R-2002-125 authorized the sale of sales tax bonds
for a variety of public purposes including land acquisition; and
WHEREAS, the aforementioned bonds have been sold and funds are
available for land acquisition; and
WHEREAS, Tamarac's application to the Broward County Land Acquisition
Program for TWO MILLION DOLLARS ($2,000,000.00) in funding towards the
acquisition of the subject property has been approved and Tamarac will seek
reimbursement from Broward County following the acquisition; and
WHEREAS, Tamarac's application to the Florida Recreational Development
Program (FRDAP) for TWO HUNDRED THOUSAND DOLLARS ($200,000.00) in
funding towards the acquisition of the subject property has been approved and
Tamarac will seek reimbursement from FRDAP following the acquisition; and
WHEREAS, Tamarac's application the Florida Department of Environmental
Protection for Land and Water Conservation funding in the amount of ONE
HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000.00) towards the
acquisition of the subject property has been approved and Tamarac will seek
reimbursement from the Florida Department of Environmental Protection following
the acquisition; and
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Temp. Reso. 9808
Page 3
June 13, 2002
Rev. #1 June 25, 2002
Rev. #2 June 26, 2002
WHEREAS, the City Manager recommends execution of the agreement
between the City of Tamarac and Lennar Land Partners for the purchase and sale of
Parcel R a/k/a Kings Point Rockford parcel (hereto attached as Exhibit A) and
authorization of the purchase in the amount of THREE MILLION EIGHT HUNDRED
FIFTY THOUSAND DOLLARS ($3,850,000.00); and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interests of the citizens and residents of the City of Tamarac to execute an
Agreement for Purchase and Sale of Real Property (AContract@) between Lennar Land
Partners (Seller) and the City of Tamarac (Buyer) in the amount of THREE MILLION
EIGHT HUNDRED FIFTY THOUSAND ($3,850,000.00) DOLLARS for the City to
purchase 15.1 acres +/- to secure the property for park purposes and to authorize the
required transfer of funds between the Public Services Facilities Fund and the Land
Acquisition Capital Account.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That 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: That the City Commission hereby approves the Agreement
for Purchase and Sale of Real Property (AContract@) between Lennar Land Partners
Temp. Reso. 9808
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June 13, 2002
Rev. #1 June 25, 2002
Rev. #2 June 26, 2002
(Seller) and the City of Tamarac (Buyer), a copy of which Contract is attached hereto as
Exhibit AM.
SECTION 3: That 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 (AContract@) between Lennar Land
Partners (Seller) and the City of Tamarac (Buyer), a copy of which Contract is attached
hereto as Exhibit AA@.
SECTION 4: That 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 ONE HUNDRED THOUSAND ($100,000.00) DOLLARS made payable to the
order of AW. 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: That 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
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: That the appropriate officials of the City of Tamarac, Florida
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June 13, 2002
Rev. #1 June 25, 2002
Rev. #2 June 26, 2002
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: That 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.
SECTION 8: That the Public Services Facilities Fund be amended in
the amount of the purchase price of THREE MILLION EIGHT HUNDRED FIFTY
THOUSAND DOLLARS ($3,850,000.00) plus additional costs relative to the
acquisition as delineated in the Contract, said funds be appropriated into the
account entitled "Land Acquisition Capital Account", and any and all subsequent
budgetary transfers necessary to be in accordance with proper accounting
standards are hereby authorized.
SECTION 9: That all Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 10: That if any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
Temp. Reso. 9808
Page 6
June 13, 2002
Rev. #1 June 25, 2002
Rev. #2 June 26, 2002
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
SECTION 11: That this Resolution shall become effective immediately
upon its passage and adoption.
PASSED AND ADOPTED THIS 26th day of June, 2002
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
K&tchell S. Ki
City Attorney
Y
` OE SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
V/M. PORTNER
AYE
DIST 2:
COMM. MISHKIN
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
COMM. ROBERTS
AYE
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1
• AGREEMENT FOR PURCHASE AND SALE OF REAL
PROPERTY
C�
3 r ` ull
AGREEMENT made this � day of 2002, between
LENNAR LAND PARTNERS, a Florida general partnership, with offices for the
transaction of business at 1015 North State Road Seven, Bay C, Royal Palm Beach,
FL 33411, (hereinafter referred to as "Seller"), and the CITY OF TAMARAC, a
political subdivision of the State of Florida, with offices for the transaction of
business at 7525 NW 88th 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:
Parcel R of Kings Point Replat as recorded in Plat Book 156,
Page 3, of the Public Records of Broward County, Florida (a/k/a
Kings Point Rockford parcel, approximately 15.1 acres).
2. PURCHASE PRICE. The purchase price for the property described
above shall be the sum of $3,850,000.00, 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 ONE HUNDRED THOUSAND AND NO/100
DOLLARS ($100,000.00) 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
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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 place of Closing as hereinafter provided.
3. FINANCING AND INSPECTION PERIODS. At the option of the
Buyer, the 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 ninety (90) 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
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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, Buyer shall remove same by a statutory permitted
bond or otherwise within five (5) days of notice from Seller. To the extent allowed by
law, Buyer shall hold Seller harmless for any damage resulting from the failure of
Buyer or the agents, contractors, employees and representatives of Buyer to exercise
reasonable care in the conduct of such tests, inspections or examinations.
(B) FINANCING: Buyer shall have one hundred twenty (120) 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, 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.
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5. CLOSING. This Agreement shall be consummated and the purchase and
sale concluded on or before thirty (30) 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. Within five (5) days following
the Effective Date of this Agreement, 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 the Effective Date
of this Agreement, 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;
(E) a restrictive covenant included in the Deed (as hereinafter defined)
restricting the use of the Property to public purposes only; and
(F) other exceptions to title acceptable to Buyer pursuant to paragraph 7
below.
7. OBJECTIONS TO TITLE. The Buyer shall have twenty (20) days from
following its receipt of the title insurance commitment to examine same and make
written objections. 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
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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-day 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 and
documentary stamps on the deed and Buyer's attorney's fees. Seller shall pay
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.
9. DEED. At the closing, the Seller shall convey good and marketable title
to the Buyer by Special Warranty Deed ("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.
(B) Non -Foreign Certification Affidavit.
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(C) Such additional documents, resolutions, certificates and
instruments as the title company 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 that Buyer has employed Nathan
Caplan/Cenmark Realty Services, Inc. to assist Buyer in this transaction. Buyer
shall be solely responsible for the payment of compensation to Nathan
Caplan/Cenmark Realty Services, Inc., said compensation to be in the amount of
three percent (3%) of the purchase price.
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 88th Ave
Tamarac, FL 33321
With Copy to: W. Craig Eakin, Esq.
2900 E. Oakland Park Blvd.
Fort Lauderdale, FL 33306
To Seller: Doyle D. Dudley
Lennar Homes - South Florida Land Division
1015 North State Road Seven, Bay C
Royal Palm Beach, FL 33411
With Copy to: Gerald L. Knight, Esq.
Holland & Knight LLP
1 East Broward Blvd., Suite 1300
Fort Lauderdale, FL 33301
Either party may change its address for notices and written communications
hereunder by giving written notice of such change to the other party.
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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.
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.
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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, WHERE IS". The property is being sold
and conveyed to Buyer "As Is, Where is" and with all faults.
22. CERTAIN DEVELOPMENT RIGHTS. The property is included
within the Kings Point Replat ("Replat"), which is entitled to certain Broward
County school and road impact fee credits and vested entitlements relating to the
Seller's proposed development of the real property shown on the Replat for
residential purposes. Buyer and Seller acknowledge and agree that Seller shall
remain entitled to receive the entire remaining school impact fee credits and vested
entitlements relating to the Replat following the closing of this transaction. Buyer
and Seller also acknowledge and agree that Buyer shall be entitled to utilize up to
sixty-two (62) peak hour vehicular trips ("Buyer's Trips") of the remaining vested
peak hour vehicular trips relating to the Replat and that Seller shall be entitled to
receive the balance of the remaining peak hour vehicular trips relating to the
Replat following the closing of this transaction. Buyer and Seller agree to join in
and execute any and all applications and documents necessary for Buyer to receive
and use Buyer's credits (Buyer's Trips) and for Seller to retain and use the
remaining credits and vested entitlements within the Kings Point Replat. The
obligations and rights of the parties contained in this paragraph shall survive the
closing of this transaction.
23. CIC APPROVAL. Notwithstanding any provision contained hereto to the
contrary, Seller's obligations under this Agreement are contingent upon its receipt of
the written approval of the Corporate Investment Committee of Lennar Corporation.
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Such approval shall be evidenced, if at all, by written notice to Buyer within thirty
(30) days following the Effective Date of this Agreement. In the event said Corporate
Investment Committee written approval is not obtained, this Agreement shall be null
and void. No waiver of such condition shall be implied, but shall be expressed, if at
all, only by written notice from Seller specifically waiving such condition.
SIGNATURE PAGE - SELLER
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year shown below.
Witnesses as to Seller: LENNAR LAND PARTNERS, a
Florida general partnership
Print Name: ' E 0, <<r -
Print Name:
By: Lennar Homes, Inc., its attorney
in fact
By: A6�lb
Doyle 6. Dudley, Vic resident
Date: 6- 213 )2002.
Page 9 of 10
SIGNATURE PAGE - BUYER
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year shown below.
Witnesses as to Buyer:
t.
Print Name:
4� &
Print Name: N655A
.e
roved as to form:
FTL1 #586284 v3
a7—
CITY OF TAMARAC
Print/ Sch r u\:, - r
Name:
Title: Mayor II
Dated: _ l 3 ,2002.
B 17
Print: rI FF/K 'Cr G
Name:
Title: City Manager
Dated: % ,2002.
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