HomeMy WebLinkAboutCity of Tamarac Resolution R-96-1701
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Temp. Reso. #7490 1
July 15, 1996
Revision No. 1 - July 16, 1996
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96-M
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 ALLAN
CAPLAN AND THE CITY OF TAMARAC IN
THE AMOUNT OF ONE -HUNDRED TWENTY -
THOUSAND ($120,000.00) DOLLARS FOR
THE CITY TO PURCHASE 2.1 ACRES t TO
SECURE LAND FOR THE ULTIMATE
CONSTRUCTION OF HIATUS ROAD AND
AUTHORIZING THE REQUIRED TRANSFER
OF FUNDS BETWEEN THE GENERAL FUND
CONTINGENCY - SPECIAL PROJECTS AND
TRAFFICWAYS IMPROVEMENT FUND;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR
WHEREAS, the City Commission of the City of Tamarac, Florida, wishes to
construct Hiatus Road through Land Section Seven (7); and
WHEREAS, one (1) of the primary parcels within the proposed road right-of-way is
owned by Joseph Allan Caplan; and
WHEREAS, a contract for the purchase of said lands has been offered to the City
of Tamarac by the land owner; and
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Temp. Reso. #7490 2
July 15, 1996
Revision No. 1 - July 16, 1996
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 between Joseph Allan Caplan and the
City of Tamarac in the amount of One -Hundred Twenty -Thousand ($120,000.00) Dollars
for the City to purchase 2.1 acres t to secure land for the ultimate construction of Hiatus
road and authorizing the required transfer of funds between the General Fund Contingency
- Special Projects and Trafficways Improvement Fund.
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 City Commission hereby approve the Agreement for
Purchase and Sale of Real Property between Joseph Allan Caplan and the City of
Tamarac.
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Temp. Reso. #7490 3
July 15, 1996
Revision No. 1 - July 16, 1996
SECTION 3: That the City Commission hereby approve a transfer of funds
in the amount of Twelve -Thousand Two -Hundred Thirteen ($12,213.00) Dollars from
General Fund Contingency - Special Projects to Trafficways Improvement Fund to meet
funding requirements of this project.
SEC',DON 4: That the appropriate officials of the City of Tamarac, Florida, are
hereby authorized to execute an Agreement for Purchase and Sale of Real Property
between Joseph Allan Caplan and the City of Tamarac in the amount of One -Hundred
Twenty -Thousand ($120,000.00) Dollars for the City to purchase 2.1 acres t to secure land
for the ultimate construction of Hiatus Road (a copy of which contract is attached hereto
as Exhibit "A").
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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.
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Temp. Reso. #7490 4
July 15, 1996
Revision No. 1 - July 16, 1996
SECTION I This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this C�4 day of �+/��/ , 1996.
ATTEST:
Ie.
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
LUTION as tip f m.
M C LT S. KRAFT
CITY ATTORNEY
community dev/c:/userdata/wpdata/res/hiatusrd
NORMAN .:-A •
MAYOR
RECORD OF COMMISSION
ABRAMOVATZ ---
DIST DIST 1: COMM- McKAYL
DIST 2: 1N_
DIST 3:
QOM-
DIST 4: COMM, HOFFM
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
is
AGREEMENT made this �_ day of , 1996, between JOSEPH
ALLAN CAPLAN, a married man, residing at 1424 N. 15th Avenue, Phoenix, AZ
85023 (the "Seller"), and the CITY OF TAMARAC, a political subdivision of the State
of Florida, with offices for the transaction of business at 7525 N.W. 88th Avenue,
Tamarac, Florida (the "Buyer").
1. 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:
A portion of the NW 1/4 of Tract 5, Less the North 30 feet thereof, in Section 7,
Township 49 South, Range 41 East, FLORIDA FRUIT LANDS COMPANY
SUBDIVISION MAP NO. 2, according to the Plat thereof as recorded in Plat
Book 1, Page 102 of the Public Records of Palm Beach County, Florida; said
lands lying, situate and being in Broward County, Florida; said portion being
more described in a preliminary sketch and description prepared by Stoner &
Associates, Inc., attached hereto as Exhibit A.
The approximate acreage listed in the description above for the parcel is 2.1 acres +/-.
The Seller makes no representations as to the exact number of acres contained in the
• parcel. The purchase price set forth in this Agreement will in no way be affected by any
variance between the actual number of acres in a particular parcel and the estimated
number of acres within that same parcel as set forth above. Buyer has had an
opportunity to inspect and survey the property prior to entering into this Agreement.
2. ENVIRONMENTAL EXAMINATION, Seller represents that Seller is unaware of
any use of the real property which would create an environmental problem. Seller
grants to Buyer the right to enter upon the property for the purposes of satisfying itself
that there is no hazardous waste, hazardous substances, or any other toxic or
hazardous material on the property which would preclude the Buyer from using the
property in accordance with its plans. Buyer shall have 30 days from the execution of
this contract to complete its examination. If it determines that there are such materials
at the site, the Buyer may cancel this agreement within the aforementioned 30-day
period. Buyer will be responsible for any mitigation necessary for wetlands concerns.
3. PURCHASE PRICE. The purchase price for the property described above shall be
the sum of $120,000.00. In addition, Buyer agrees to use its best efforts to effect the
conveyance to Seller of the easterly portion of the right-of-way along the western
boundary'of Tract 5 at the centerline of Section 7, limited at the north and south by the
extension of Seller's existing north and south property lines. The purchase price shall
be paid at the closing, and the obligation of Buyer to effect said conveyance shall
survive the closing. Seller acknowledges that Buyer has no title to or control over the
right-of-way.
EXHIBIT "A"
�- % _1,761
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4. CLOSING. This Agreement shall be consummated and the purchase and sale
concluded on or before August 31, 1996., at the office of Neimark, Greene & Nadel,
P.A., located at 800 Corporate Drive, Suite 602, Fort Lauderdale, FL 33334 attorney for
the seller.
5. TITLE INSURANCE OR ABSTRACTS. At least thirty (30)] days prior to the closing
date, the Seller shall furnish to the Buyer a prior title policy. At the Buyer's own
expense, Buyer shall procure either a 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 1996 and
thereafter;
(b) conditions and restrictions of record that are common to the neighborhood;
(d) any oil, gas and mineral leases of record, and reservations to receive royalties,
rentals and other receipts therefrom; and
(e) applicable zoning ordinances, if any.
(f) reservations for canal rights and road right of way of record
6. OBJECTIONS TO TITLE. The Buyer shall have 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 period of time, not to exceed 60 days from the 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 the same in its then -existing condition
without any diminution in the purchase price. In the event of refusal by the Buyer to
take title, all money paid on account of the purchase price shall immediately be
refunded. In the event that there are valid objections to the condition of the title, then
the closing will be held within ten days after either elimination of the objections or
receipt of notice from Buyer that it will accept title despite the existence of valid
objections, but in no event later than October 10, 1996. However, Buyer may terminate
this agreement within 30 days of the execution hereof if the reservations of canal and
right -of-way will prevent Buyer from the intended use of the property.
7 ADJUSTMENTS. Buyer will be responsible for and pay all deed stamps and other
transfer taxes, if any. The parties will prorate real property taxes as of of the date of
closing. In addition, Buyer will pay for Seller's closing expenses, including attorney's
fees incurred throughout this purchase transaction, up to a total of $1,200. Buyer will
be responsible for all charges for surveys, any other settlement fees, abstracting and
title insurance.
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8. DEED. At the closing, the Seller shall convey good and marketable title to the
Buyer by warranty deed, conveying the property free and clear of all liens and
encumbrances, except as herein noted. Buyer shall reciprocate with respect to the
right-of-way portion to be conveyed to Seller.
9. BROKER. The Seller represents to the Buyer that there was no real estate broker
involved in this transaction.
10. 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.
11. 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.
12. COUNTERPARTS. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one (1) and the same instrument. At the trial of any matter arising under this
Agreement, only one (1) counterpart need be produced.
13. HEADINGS. Paragraph headings are for purposes of convenience and
identification only and shall not be used to interpret or construe this Agreement.
14. GENDER AND NUMBER. Whenever the singular or plural number, or masculine
or feminine gender, is used herein, it shall equally include the other.
15. 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.
16. 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.
17. SELLER WARRANTY. Seller represents and warrants that the real property has
never been his homestead, nor has he ever had any homestead contiguous thereto.
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0 111. THREAT OF CONDEMNATION. This contract was entered into by Seller
under threat of condemnation, and therefore the transaction is exempt from the
documentary stamp tax on the deed, pursuant to Rule 12B-4.014(14), Florida
Administrative Code.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year shown below.
Witnesses as to Seller:
A4 t�� Z;� �''
��' 661 17P�
Approves as to form:
Mit&ell"S. Kraft, Ci
ey
Joseph Allan Caplan
Dated: f ;�-+ , 1996.
City of Tamarac
mow. - �v.""'Vw .
y Yman Abramowitz Title
Mayor
Dated: , 1996
� '-J�-S.n�
�
)�1''�yRobert S. Noe, Jr., City Mana er
Dated: ' 1996
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EXHIBIT "A" •- AGREEMENT FOR PURCHASE
AND SALE OF REAL PROPERTY
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EXHIBIT "A" - AGREEMENT FOR PURCHASE
AND SALE OF REAL PROPERTY