HomeMy WebLinkAboutCity of Tamarac Resolution R-99-137May 12, 1999 - Temp. Reso. #8631 1
Revision No. 1 - May 17, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- /1 7
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 JOSEPH F. FRIEDES, GENERAL
PARTNER OF F & R TAMARAC, LTD., A
FLORIDA LIMITED PARTNERSHIP, AND THE
CITY OF TAMARAC FOR THE PURCHASE OF
APPROXIMATELY 1.79 ACRES OF PROPERTY
IDENTIFIED AS A PORTION OF THE "FLORIDA
FRUIT LANDS COMPANY SUBDIVISION NO. 2"
OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE
41 EAST, AS RECORDED IN PLAT BOOK 1,
PAGE 102 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID LANDS
SITUATED, LYING AND BEING IN THE CITY OF
TAMARAC, BROWARD COUNTY, FLORIDA,
FOR AN AMOUNT NOT TO EXCEED THE
NEGOTIATED PURCHASE PRICE OF TWO -
HUNDRED EIGHTY -THOUSAND ($280,000)
DOLLARS, PLUS AN ESTIMATED SEVEN -
THOUSAND ($7,000) DOLLARS IN CLOSING
COSTS INCLUDING DOCUMENTARY STAMPS
IF NECESSARY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida anticipates the
need to expand the City Hall Complex in the future; and
WHEREAS, the parcel in question is available for sale and is located adjacent to the
City Hall Complex; and
May 12, 1999 - Temp. Reso. #8631 2
Revision No. 1 — May 17, 1999
WHEREAS, the appraised value of the parcel has been determined to be Three -
Hundred Eighty -Four Thousand ($384,000) Dollars by the appraiser hired by the City; and
WHEREAS, the original asking price for the parcel was Three -Hundred Thousand
($300,000) Dollars; and
WHEREAS, the agreed upon sale price of Two -Hundred Eighty -Thousand
($280,000) Dollars, plus an estimated Seven -Thousand ($7,000) Dollars in closing costs
including documentary stamps, if necessary, is less than the appraised value and the
asking price; and
WHEREAS, a contract for the purchase of said land has been offered to the City by
the land owner; and
WHEREAS, available funds exist in the General Fund budget for said purpose; and
WHEREAS, these adjustments require the amending of estimated revenues and
expenditures found within the present annual budget; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the Assistant City Manager recommends approval; 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 authorize the
appropriate City Officials to execute an Agreement for Purchase and Sale of Real Property
between Joseph F. Friedes, General Partner of F & R Tamarac, Ltd., a Florida Limited
Partnership and the City of Tamarac, for the purchase of approximately 1.79 acres of
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Revision No. 1 - May 17, 1999
property identified as a portion of the "Florida Fruit Lands Company Subdivision No. 2" of
Section 5, Township 49 South, Range 41 East, as recorded in Plat Book 1, Page 102 of
the Public Records of Palm Beach County, Florida, said lands situated, lying and being in
the City of Tamarac, Broward County, Florida, for an amount not to exceed the negotiated
purchase price of Two -Hundred Eighty -Thousand ($280,000) Dollars, plus an estimated
Seven -Thousand ($7,000) Dollars in closing costs and documentary stamps, if necessary.
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: That the appropriate City Officials of the City of Tamarac,
Florida, are hereby authorized to execute an Agreement for Purchase and Sale of Real
Property between Joseph F. Friedes, General Partner of F & R Tamarac, Ltd., a Florida
Limited Partnership, and the City of Tamarac, for the purchase of approximately 1.79 acres
of property identified as a portion of the "Florida Fruit Lands Company Subdivision No. 2"
of Section 5, Township 49 South, Range 41 East, as recorded in Plat Book 1, Page 102
of the Public Records of Palm Beach County, Florida, said lands situated, lying and being
in the City of Tamarac, Broward County, Florida, for an amount not to exceed the
negotiated purchase price of Two -Hundred Eighty -Thousand ($280,000) Dollars, plus an
May 12, 1999 - Temp. Reso. #8631 4
Revision No. 1 - May 17, 1999
estimated Seven -Thousand ($7,000) Dollars in closing costs and documentary stamps, if
necessary. (a copy of which contract is attached hereto as Attachment "A")
SECTION 3: That the General Fund revenue account Reappropriated Fund
Balance be amended in the amount of Two -Hundred Eighty -Seven Thousand ($287,000)
Dollars for appropriating funds for the purchase of the Friedes property.
SECTION 4: That an interfund budget transfer in the amount of Two -
Hundred Eighty -Seven Thousand ($287,000) Dollars from the General Fund account
entitled, "Transfer to General Capital Construction Fund" to General Capital Construction
Fund account entitled, "Land Acquisition" is HEREBY APPROVED for correct accounting
purposes.
SECTION 5: That the General Capital Construction Fund' be amended in the
amount of Two -Hundred Eighty -Seven Thousand ($287,000) Dollars and said funds
appropriated, including any and all subsequent budgetary transfers to be in accordance
with proper accounting standards.
SECTION 6: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: 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 park or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
May 12, 1999 - Temp. Reso. #8631 5
Revision No. 1 - May 17, 1999
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of j, , 1999.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL GOLD, C/AAE
CITY CLER
I HEREBY CERTIFY that I
e proved this
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AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AGREEMENT made this day of 1999, between F&R
Tamarac, Ltd., a Florida limited partnership, with their principal office located at 3801 NE 207`h
Street, Suite 704, Aventura, Florida, 33180, (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 88' 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:
SEE ATTACHED EXHIBIT "A"
2. PURCHASE PRICE. The purchase price for the property described above shall be the
sum of $280,000.00 payable at closing.
3. INSPECTION PERIOD. Subsequent to the effective date of this Agreement, Buyer
shall have sixty (60) days after the effective date of this Agreement to perform any and all due
diligence investigations that may be required. Seller represents that Seller is unaware of any use
of the property described above which would create an environmental problem. Seller grants to
Buyer the right to enter upon the property during the inspection period for the purposes of
conducting tests concerning the condition of the property. All inspections are to be done at
Buyer's expense. If the inspection conducted by Buyer shows that the property is not suitable, in
the Buyer's sole opinion, then and in that event Buyer shall have the right and option to terminate
this Agreement by written notice to Seller within sixty (60) days of the effective date of this
Agreement.
4. THIRD PARTY FINANCING. Buyer may, at Buyer's expense, apply for third party
financing in the amount of ninety percent (90%) of the purchase price with a fixed interest rate
not to exceed the prevailing rate or a variable interest rate not to the exceed prevailing rate at
origination. Buyer shall pay for any mortgagee title insurance policy and for all loan expenses.
Buyer shall notify Seller immediately upon obtaining financing or being rejected by a lender. If
Buyer, after diligent effort, fails to obtain a written commitment for third party financing, Buyer
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shall either: (A) waive this financing contingency and proceed with the closing, or (B) elect to
terminate this Agreement by providing Seller with written notice of such election.
5. 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 ail
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.
6. CLOSING. This Agreement shall be consummated and the purchase and sale
concluded on or before thirty (30) days after the expiration of the inspection period referred to 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.
7. TITLE INSURANCE OR ABSTRACTS. At least thirty (30) pays prior to the closing
date, the Seller shall furnish to the Buyer a prior owner's title insurance policy. At the Buyer's
own expense, Buyer shall procure either a title commitment of title insurance issued by a
recognized title company, or abstracts of title extended to such date, 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 1999 and thereafter;
(B) conditions and restrictions of record that are common to the neighborhood;
(C) applicable zoning ordinances, if any; and,
(D) reservations for canal rights and road right-of-way of record.
8. OBJECTIONS TO TITLE. The Buyer shall have twenty (20) days from the date of
receipt of the prior title policy in which to obtain a commitment or abstract, examine it and make
written objections. If the Buyer has valid objections to the state of the title, the Seller shall have a
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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, 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. 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.
9. A.DJUST VMNTS. Buyer shall pay taxes and recording fees on notes, mortgages, and
financing statements. Buyer shall pay recording fees and documentary stamps on the deed. Seller
shall pay recording fees for documents needed to cure title defects. If Seller is obligated to
discharge any encumbrance at or prior to closing and fails to do so, Buyer may use the sales
proceeds to satisfy the encumbrances. The parties shall prorate taxes, assessments, and rents as of
the date of closing. Buyer will be responsible for abstracting and title insurance.
10. 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.
11. BROKER. The Seller represents to Buyer that there was no real estate broker
involved in this transaction.
12. 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.
13. 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.
14. HEADINGS. Paragraph headings are for the purposes of convenience and
identification only and shall not be used to interpret or construe the Agreement.
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15. GENDER AND NUMBER. Whenever the singular or plural number, or masculine or
feminine gender, is used herein, it shall equally include the other.
16. 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.
17. 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.
18. SELLER WARRANTY. Seller represents and warrants that the real property has
never been its homestead, nor has it ever had any homestead contiguous thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year shown below.
Witnesses as to Seller
Print Name:_ �,Q m
Print Name: J
y
Print Name:
F&R Tamarac, Ltd., a
partnership
By:
Jost7. Fnddes, qen
Date: 'd) g/
City of Tamarac
limited
Partner
1999.
By:
Print e: o z-
Title: Mayor
Dated: / 1999.
By: . .
Print Name: Pao
Title: City Manager
Dated: �? i
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0 EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL B
A portion of THE FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2 of Section
5, Township 49 South, Range 41 East, as recorded in Plat Book 1, Page 102, of the Public
Records of Palm Beach County, Florida, described as follows:
COMMENCE at the South East corner of Section 5; THENCE N 88-59-10 W (on assumed
bearing) along the South line of Section 5 for a distance of 753.16 feet; Thence N 0-10-05 W
along the Easterly right-of-way line and its Southerly extension, of that certain 100.00 foot wide
canal as described in O.R. 6450, Page 688, of the Public Records of Broward County, Florida, a
distance of 84.46 feet to a point of curvature of a curve concave to the West; THENCE Northerly
along the arc of said curve, having a radius of 1647.00 feet. A central angle of 3 7-12-07 an arc
distance of 1069.39 feet to the Point of Beginning of Parcel B. THENCE continue along the arc
of the last described curve. Through a central angle of 5-17-53 a chord distance of 152.24 feet to
point of tangency; THENCE N 42-40-05 W a distance of 35.95 feet. The last three described
courses being coincident with said Easterly canal right-of-way line; THENCE N 47-19-55 E for a
distance of 364.69 feet; Thence N 42-57-27 W for a distance of 91.30 feet; THENCE S 48-27-55
W for a distance of24.22 feet; THENCE S 39-51-05 E for a distance of 113.94 feet; THENCE S
51-12-42 W for a distance of 9.20 feet; THENCE S 40-07-30 E for a distance of 54.42 feet;
THENCE S 51-00-50 W for a distance of95.22 feet; THENCE N 38-59-10 W for a distance of
49.00 feet; THENCE S 51-00-50 W for a distance of 257.80 feet to the Point of Beginning.
Said lands situated, lying and being in the City of Tamarac, Broward County, Florida, and
containing 1.79 acres more or less.
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