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Home My WebLink AboutCity of Tamarac Resolution R-1974-0371 74-15491v CITY OF TAMARAC, FLORIDA RESOLUTION NO. - �> A RESOLUTION DIRECTING THE MAYOR, CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT TO PURCHASE A CITY HALL SITE. WHEREAS, the City Council desires to enter into an Agreement for the purchase of a City Hall site, and WHEREAS, the City Council is desirous of executing such a document. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: C- r- SECTION 1: That the terms of the Agreement attached _ hereto as Exhibit (A) and incorporated herein by reference `v be and they are hereby approved by the City Council Of the City of Tamarac. ry SECTION 2: That this acceptance by the City is contingent upon the approval of the referendum on thepurchase of subject property from the General Fund. SECTION 3: The Mayor, City Manager and City Clerk are hereby dierected to execute said Agreement on behalf of the City of Tamarac. PASSED, ADOPTED AND APPROVED this o-�F day of 1974 ATTEST: E� ( TY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. 'it Attorney RECORD OF COUNCIL VO Mayor Johnson Vice Mayor Tucker Councilwoman Lange Councilwoman Massaro Councilman Glicksman ;Uo rrn -n CJ! 00 cr r �u m C� C1 AGREE',ENT OF PURCHASE AND SALE AGREEMENT made this �day of 1974 between SANTAS J. CUGNO, ELANORA C. CUGNO, GERAL S. CUGNO, MARCIA A. CUGNO, MICHAEL E. DeMARCO, GLORIA A. Del4ARCO, ANTONIO L,EMOS, ALBERTINA LEMOS, SERAFIM CRUZ, HILDA CRUZ, ABRAHAM LEVINE, GERTRUDE LEVINE, THOMAS DELL ACQUA, MARIE DELL ACQUA, RICHARD GARMAN and PATRICIA GARMAN, hereinafter called Sellers, and the CITY OF TAMARAC, a municipal corporation existing under the laws of the State of Florida, hereinafter called Purchaser. WHEREAS Lot 2 is owned by Sellers, Cugno, Cugno and DeMarco; Lot 3 is owned by Sellers, Lemos and Cruz; Lots 4, 5 and 6 are owned by Sellers Levine, Lemos, and Dell Acqua; Lots 7 through 15 are owned by Sellers Lemos, Cruz and Garman and WHEREAS the Sellers are desirous of selling certain .real property to Purchaser for use as a city hall complex site, and WHEREAS Purchaser is desirous of purchasing said lands as a site for a city hall complex NOW, THEREFORE, it is hereby agreed as follows; 1. The above recitals are true and correct. 2. That upon the terms and conditions hereinafter stated the Sellers agree to sell.to Purchaser the real property legally described as Lots 2 through 15, Block 8, LYONS COMMERCIAL SUBDIVISION, a subdivision in Section 9, Township 49 South, Range 41 East in the City of Tamarac, Florida, as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, containing 10.41 acres more or less, said lands situate, lying and being in Broward County, Florida. 3. The purchase price shall be Five Hundred Fifty Thousand and no/100 Dollars, (550,000.00). 4. Sellers warrant that their title is good and marketable and insurable. In the event that title is found not to be good and marketable and insurable, the Sellers agree to use reasonable diligence to make the said title good and marketable - and insurable within thrity (30) days of notification that title is found not to be good and marketable and insurable. In the event that title shall not be made M -n 011 good and marketable and insurable, then in that event, Purchaser may, at its option by written notice to the Sellers void this Agreement, and be released from all obligations hereunder. Purchaser may, at its option, accept title in its existing condition. 5. Immediately upon execution of this Agreement, the Purchaser shall order an abstract of title, at Purchaser's expense. The abstract shall be con- tinued to a date not earlier than the date of execution of this Agreement. 6. Sellers agree to pay costs of preparation of deed, state documentary stamps, and state surtax. Purchaser shall pay costs of recording the deed. 7. Conveyance shall be by statutory warranty deed, free and clear of all encumbrances except restrictions of record common to the subdivision and easements for drainage, anchors, and for public utilities in existence, or shown by the plat, or a matter of record, and free and clear of all other encumbrances. S. All prorations shall be as of date of closing. 9. Possession and right of occupancy will be delivered at closing. 10. This transaction is subject to the following conditions subsequent: A. Approval by the voters of the City of Tamarac of a referendum on this transaction to be held not later than August 1, 1974. P. In the event that the condition subsequent fails to occur, then in that event, Purchaser may solely at its option elect to cancel this Agreement, with neither party having any further obligations thereunder. Sellers agree to close this transaction within ten (10) days of notice in writing by the Purchaser that it is prepared to close. In any event, this transaction shall be closed on or before August 31, 1974. C. Subject to approval of test borings, such tests to be within fifteen (15) days of date of this Agreement, at Purchaser's expense and said approval to be in the sole discretion of the Purchaser. D. Subject to the issuance of a title insurance ;binder issued to . the Purchaser herein in the full amount of the purchase price, which binder shall issue on or before Ist day of August, 1974 and the said binder shall be free and ;U U m-9 clear of any deed restriction or limitation which would inhibit or prohibit (� the Purchaser from constructing a city hall complex on the site, -...and subject the approval of the City Attorney that the said deed restrictions or limitations "o will not prohibit or inhibit Purchaser from constructing a city hall complex on the A M site. Provided however, in the event the said binder does not issue as aforesaid -- 2 - and/or the said attorney's opinion does not issue as aforesaid, the Purchaser shall notify the Sellers in writing on or before August 1, 1974 and shall state with specificity the reasons why the said binder and opinion have not issued. Notification shall be timely if placed in the United States mail and postmarked no later than August 1, 1974. In the event the binder and/or the opinion do not issue and the said notice is not timely effected the conditions established by this subparagraph shall be deemed to have been waived by the Purchaser. 11. NOTIFICATION: Wherever it is required that one party notify the other notification shall be made as follows: If to the Purchaser: Michael E. 2ealy Suite 200 207 E. Broward Boulevard Fort Lauderdale, Florida If to the Seller: Michael H. Cora 3045 N. Federal Highway Fort Lauderdale, Florida 12. The parties warrant that there is no broker involved in -this transaction. 13. Except as otherwise specifically provided for herein, this trans- action shall be closed and title conveyed in accordance with customary real estate practice in Broward County, Florida. 14. This agreement sets forth the entire understanding of the parties. IN WITNESS WHEREOF, the parties have hereunder set their respective hands and seals the year and day first above written. ATTEST: PEGGY ICHEL City Clerk CITY OF TAMARAC, a municipal corporation existing under the laws of the State F ida - M-" By By \ `(/ ROBERT D. CAS' City Manager 3 v � csr L � Z Co GERALD S. CUGNO RCIA A. CUGNO �- Z--,o MICHAEL E. DeMARCO GLORIA A. DeMARCO 4 ANTONIO LFMOS p�v ALBERTINA LEMOS S,OAPIM CRi7Z /a,_� C, HILDA CRUZ &CORDED IN THE OFFICIAL RECORDS 00% ` OF BROWARD COUNTY. FLORIDA E. M. STROBEL OpUNrf COMPTROLLER m'I T I D m CA.5 cn C..y NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION l: That the Mayor and City Manager be and are hereby authorized to enter into agreements for fire protection with Subdistrict 8 of the Broward County Fire Control Commission, copies of which are attached PASSED, ADOPTED AND APPROVED ATTEST: 4CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this T1 nC T TTR1' %T C RECORD OF COUNCIL VOTE Mayor Johnson Vice Mayor Tucker Councilwoman Lange Councilwoman Massaro Councilman Glicksman u 1 11