HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-318November 13, 2000 - Temp. Reso. #921 1 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- 219
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY
OF TAMARAC FOR THE CONVEYANCE OF
APPROXIMATELY 2.53 ACRES OF REAL
PROPERTY FOR THE CONSTRUCTION OF A
BROWARD COUNTY PUBLIC LIBRARY TO BE
LOCATED ON THE NORTH SIDE OF
COMMERCIAL BOULEVARD, EAST OF PINE
ISLAND ROAD; SPECIFICALLY A PORTION OF
LOTS 11, 12,13 AND 14, BLOCK 8, OF THE
"LYONS COMMERCIAL SUBDIVISION" PLAT,
ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 69, PAGE 42 OF
THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac owns certain real property generally located on the
north side of Commercial Boulevard, east of Pine Island Road as more fully described in
Attachment 1" (attached hereto); and
WHEREAS, the City Commission of the City of Tamarac, Florida has identified the
approximately 2.53 acre parcel described in Attachment 1" as a potential site for a new
Broward County public library; and
WHEREAS, Broward County has expressed an interest in acquiring the
approximately 2.53 acre parcel (as described in Attachment "'I") to construct a new
November 13, 2000 - Temp. Reso. #921 1 2
Broward County public library; and
WHEREAS, the City of Tamarac is desirous of a new public library facility on this
identified site; and
WHEREAS, the Agreement (as described in Attachment "2") for Conveyance of
Real Property has been reviewed by City staff and legal counsel; and
WHEREAS, City staff is in agreement with the terms of the Agreement for the
Conveyance of Real Property for a Broward County public library; and
WHEREAS, the Director of Community Development 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 between Broward County and the City
of Tamarac for the conveyance of 2.53 acres of real property for the construction of a
Broward County public library to be located on the north side of Commercial Boulevard,
east of Pine Island Road; specifically a portion of Lots 11, 12, 13 and 14, Block 8, of the
"Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat
Book 69, Page 42 of the Public Records of Broward County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
1
November 13, 2000 - Temp. Reso. #921 1 3
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 authorizes the appropriate City
Officials to execute an Agreement between Broward County and the City of Tamarac for
the conveyance of 2.53 acres of real property for the construction of a Broward County
public library to be located on the north side of Commercial Boulevard, east of Pine Island
Road; specifically a portion of Lots 11, 12, 13 and 14, Block 8, of the "Lyons Commercial
Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the
Public Records of Broward County, Florida.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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.
Ny "9 r•l L11W
passage and adoption.
November 13, 2000 - Temp. Reso. #921 1 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
1
ATTEST:
A�IARION`§WENWN, CMC
CITY QL-ERK
I HEREBY 8"E'RTIFY that I
have pproved this
RESCILLITI ON -es tofform.
ITCHELL . K
CITY ATTOR
1
c;2,:;2 day of 2000.
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VO
MAYOR SCHREIBER
COT 1: COMM. PORTNER�,
DIST 2: COW MISHKIN
DW S: COMW SULTANOF�
DIST 4: VIM ROBERTS
ATTACHMENT 111"
TEMP RESO #9211
LEGAL DESCRIPTION:
A PORTION OF TOTS 11, 12,13 AND 14, BLOCK 8, LYONS COMMERCIAL SL)131-)IVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT 13OOK 69, PAGE 42 OF THE. PI113I.IC
RECORDS OF BROWARD C.Oi1NTY, FLORIDA. MOKE PARTICULARLY DESC:RITIFT) AS
FOLLOWS:
COMMENCE AT TIlli SOU'1'1113AST CORNER OF LOT 2 OF SAID BLOCK 8:
'1 HENCE ON AN ASSUMED BEARING OF N.01000 36"E_, ALONG THE FAST T,TNF O1; SAIL) LO'i' 2
A DISTANCE OF 7.00 FF.F.T, TO A POINT ON A L.TNE SEVEN (T) FEL''1' NORTI1 OF AND
PARALLEL Wl'1'll'1'llE SOUI'11 LINE OF SAID BLOCK 8;
THENCE N.88059'24"W., ALONG SAID PARALLEL. LINE. A DTSTANCR OF 925.99 FEET l'O A
PO1Nl' 26.0vE1 'I' Wi;S'I' O 'I'lils EASTLINE OIL SAID LOT 11. SAID POINT ALSO BEING THE
POINT OF BEGINNING;
THENCE CONTINUE N.88059'24"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 42.34
FEETTO A POINT 31.7FEET EAST OF THE: WEST LINE OF SALT) T,O'I' 11;
THENCE N.85033'23"W., A DISTANCE OF 200.36 FEET TO A POINT ON A LINE 19.00 FEET
NORTH OF AND PARALLEL WITH SAID SOU111 LINE Ol' BLOCK 8. $Alf) POINT 1.3UING 31.7
FEETEAST OF THE WEST LINE OF T,OT 13:
THENCE N.88"59'24"W., ALONG SAIL) PARAT.T.FT. LTNF A DISTANCE OF 141.37 FEET TO A
POINT OF THE WEST TINE OF SAID LOT 14;
THENCE N.00001'28"W., A DISTANCE OF 281.05 FEET 1'O 1'HF NORTHWEST CORNER OF LOT
14 OF SAID BLOCK 8;
THENCE S.88"5924"1,, ALONG THF. NORTH LINE OF SAID BLOCK. 8, A DISTANCE OI- 388.78
FEET;
THENCE•' S.0I "00'36"W., A DISTANCE OF 293.00FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WIT14TN THE CITY OF TAMARAC, RROWARD COUNTY, FLORIDA
CONTATNTNG 2.53 ACRES (110,243 SQUARE FEET) MORN OR LESS.
Page 1 of 2
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A PORTION OF LOTS 11-14. BLOCK a
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Page 2 of 2
ATTACHMENT #2
TEMP RESO #9211
AGREEMENT BETWEEN
BROWARD COUNTY AND CITY OF TAMARAC
FOR CONVEYANCE OF REAL
PROPERTY FOR PUBLIC LIBRARY
This is an Agreement between Broward County, a political subdivision of
the State of Florida, its successors and assigns, hereinafter referred to as
"COUNTY", through its Board of County Commissioners, and the City of
Tamarac, a municipal corporation organized and existing under the laws of the
State of Florida, its successors and assigns, hereinafter referred to as "CITY".
WHEREAS, the City of Tamarac presently owns real property within its
corporate limits and desires to convey such real property to COUNTY for the
construction and operation of a public library; NOW, THEREFORE,
In consideration of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, COUNTY and CITY agree as follows:
1. Description of Land: CITY hereby agrees to convey to COUNTY for ten
dollars ($10.00), and other good and valuable considerations, (a) the real
property described in Exhibit "A", and (b) a non-exclusive permanent easement
for vehicular parking, drainage, and access over the real property described in
Exhibit "B".
2. Conveyance: CITY shall deliver to COUNTY fee simple title to the real
property described in Exhibit "A" by Warranty Deed, conveying good clear record
marketable and insurable title, but reserving unto CITY a non-exclusive
permanent easement for vehicular parking and access. Delivery shall be within
fourteen (14) days of written notice from COUNTY's director of Libraries Division.
COUNTY agrees to accept the real property described in Exhibit "A" in its "as is"
condition. At the same time, CITY shall deliver to COUNTY a non-exclusive
permanent easement for vehicular parking, drainage, and access over the real
property described in Exhibit "B" by Easement Deed. After written notice from
County's director of Libraries is issued, CITY and COUNTY may mutually agree
in writing to extend the time in which CITY must deliver the deeds to COUNTY.
Prior to sending written notice, COUNTY's director of Libraries Division shall
conduct whatever due diligence COUNTY determines is appropriate. COUNTY
acknowledges that CITY has delivered copies of certain information describing
the site which are in records held by CITY and will deliver other records held by
CITY upon request. COUNTY shall have the right to inspect and conduct tests
on the real property described in Exhibit "A" at any time prior to delivery of the
deeds, and CITY shall cooperate with COUNTY regarding any such inspections
and tests upon request. If the results of any such inspections or tests are
unsatisfactory to COUNTY, COUNTY may cancel this agreement. The title to the
real property described in Exhibit "A" shall be subject only to: (a) building and
zoning laws, ordinances, state and federal regulations; (b) restrictions relating to
the use of the property recorded in the Official Records and not adversely
affecting the proposed use; (c) reservation of any mineral rights by the State of
Florida or any adverse ownership claim by the State of Florida by right of
sovereignty to any portion of the property, including submerged, filled and
artificially exposed lands, and lands accreted to such lands; (d) utility and
drainage easements which do not interfere with the proposed use of the real
property; (e) appropriate reversion language pursuant to the provisions of
Paragraph 5, below; and (f) reservation to CITY of a non-exclusive, permanent
easement for vehicular parking and access. COUNTY may waive any title defect
by written notice to CITY. It is the intent of this Agreement that the real
properties described in Exhibits "A" and "B" shall have cross -easements for the
purposes of vehicular parking and access.
3. Examination and Title: Within thirty (30) days of request by COUNTY, CITY
shall provide evidence of title to COUNTY on the real property described in
Exhibit "A", only, which shall consist of a commitment for an owner's policy of title
insurance issued by an insurer licensed to write title insurance in Florida, with an
insurable value equal to the fair market value of the property, together with
legible copies of all exception documents. CITY shall not be required to provide
evidence of title, a title commitment, or title insurance on the real property
described in Exhibit "B". COUNTY shall pay the cost of abstracting, title review,
governmental lien searches, cost of obtaining payoff or estoppel letters, state
documentary stamps on the deed and the cost of recording any corrective
instruments. COUNTY shall pay the cost of recording the deed, cost of appraisal
and the premium for the owner's policy of title insurance (at the promulgated
rate). CITY shall select the title insurance agent who will provide the title
insurance.
4. Construction: COUNTY hereby agrees to design and construct upon the real
property described in Exhibit "A" public library facility together with other
improvements. COUNTY shall be responsible for all construction of the public
library facility including but not limited to land preparation. In addition, COUNTY
hereby agrees to design and construct upon the real property described in
Exhibit "B" an access road running from the existing Commercial Boulevard
driveway to the real property described in Exhibit "A", and landscaping
associated therewith. COUNTY shall work with all reasonable diligence to
complete construction of the Library. The CITY does not intend to undertake
construction on the real property described in Exhibit "A".
5. Use of Premises: COUNTY shall use the Real Property for library purposes
and agrees to operate the Library as part of a COUNTY public library system
which shall include, but not be limited to, providing library staff, library books,
library materials, library equipment, and library services. In the event COUNTY
2
uses the Real Property for other than library purposes, CITY shall have the right
to give written notice to COUNTY demanding discontinuation of the improper
use. If COUNTY does not discontinue the improper use within sixty (60) days
after it receives the notice from CITY, this Agreement shall terminate and the real
property described in Exhibit "A" shall revert to CITY. COUNTY shall be
responsible for those costs of operating the Library as set forth in this
Agreement. The terms of the Agreement for the reversion of the property to CITY
in the event COUNTY uses the property for other than Library purposes shall be
included in the Warranty Deed from CITY to COUNTY.
6. Maintenance of Library Building: COUNTY shall maintain both the interior and
exterior of the library building in a clean and attractive state of appearance and in
good repair. It is specifically understood between the parties that COUNTY shall
be fully responsible for maintaining the building, which shall include the exterior
and interior physical condition of the building, roof, plumbing, electrical system,
and the heating and cooling systems. COUNTY also agrees to maintain and to
keep the real property described in Exhibit "A" in a clean and attractive state of
appearance and in good repair.
7. Utilities: COUNTY shall have the right to arrange for utilities to exclusively
serve the Library including, but not limited to, water, fuel, gas, electricity,
garbage, telephone and sewage charges. All such charges shall be paid by
COUNTY.
8. Taxes and Assessments As of the date of this Agreement, CITY represents
that it has no records of liens on the real property described in Exhibit "A", there
are no special assessments by CITY on the real property described in Exhibit
"A", nor has CITY received notice from any outside agencies of liens or special
assessments on the real property described in Exhibit "A". CITY will not be
responsible for any such assessments or liens after the conveyance of the real
property described in Exhibit "A" to COUNTY.
9. Assignment: Neither COUNTY nor CITY shall assign this Agreement. This
provision shall not be construed to prohibit COUNTY from granting persons or
entities the right to occupy or use space in the Library.
10. Cancellation: This Agreement shall not be subject to cancellation except: (a)
as provided in Section 5; (b) by either party if COUNTY has not sent written
notice as permitted by Section 1 within two (2) years after execution of this
Agreement; (c) by COUNTY, if COUNTY has not issued and sold Broward
County General Obligation Bonds in the amount of One Hundred Thirty-nine
Million Dollars ($139,000,000) as authorized by voter approval on or about March
9, 1999, or (d) by COUNTY any time prior to delivery of deed(s) as permitted by
Section 2.
3
11. Notices: Whenever either party desires to give notice to the other, such
notice must be in writing, sent by certified United States mail, postage prepaid,
return receipt requested, or by hand delivery with a request for a written receipt
of acknowledgement of delivery, addressed to the party for whom it is intended at
the place last specified. The place for giving notice shall remain the same as set
forth herein until changed in writing in the manner provided in this section. For
the present, the parties designate the following:
FOR BROWARD COUNTY:
Broward County
Director of Libraries Division
100 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
12. Warranties: CITY is not aware of any notices of violation or restrictive
covenants on the real property described in Exhibit "A". Access to the Library
and the real property described in Exhibit "A" shall be as indicated on the site
plan (alternate number 5) as prepared by Cartaya and Associates Architects, PA,
a copy of which is attached hereto as Exhibit "C".
13. Default: If either party defaults in any of the terms herein, the other party
may terminate this Agreement. If this Agreement is not so terminated, this
provision shall not deprive the non -defaulting party of the right to specific
performance of this Agreement.
14. Time of Essence: Time is of the essence in this Agreement.
15. Survival of Obligations: The obligations set forth in this Agreement shall
survive delivery of the deed (s) required hereby.
16. Entire Agreement: This Agreement, the attached Exhibits "A", "B" and "C",
and any addenda or amendments signed by the parties, shall constitute the
entire Agreement between CITY and COUNTY, and supersedes any other
written or oral agreement between them. This Agreement can only be modified
in writing signed by CITY and COUNTY.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY
4
COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to
execute same by Board action on the da of , 2000,
and CITY, signing by and through its ly
authorized to execute same.
ATTEST:
COUNTY
BROWARD COUNTY, by and through
Its Board of County Commissioners
Broward County Administrator, as By
Ex-officio Clerk of the Broward County
Board of County Commissioners
Insurance requirements
Approved by Broward County
Risk Management Division
Chair
Approved as to form by
EDWARD A. DION, County Attorney
For Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By By
Larry E. Lymas-Johnson
Deputy County Attorney
5
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature, the CITY OF TAMARAC
through its City Manager and its City Commission signing by and through its Mayor, Joe
Schreiber, duly authorized to execute the same.
ATTEST:
Marion Swenson', CIVIC
City Clerk
Date: 1 B�
A
101 w Kola k i lI , ` • 0
By:
Joe Schreiber, Mayor
Date: ��
By: G-� ��'�7�2•--
Jeffr L. filler, City Manager
Date: /14� o�
to form and legal
en
Mitchell S. Kraft, CWAtorney
STATE OF FLORIDA
:SS
COUNTY OF
Before me personally appeared,.,,6 Sx-Arci,,j, �,Je l-
�'Arl�e well known
and known to me to be the persomdescribed in and who execu ed the foregoing
instrument, and acknowledged to and before me that executed said instrument
for the purposes therein expressed. y
WITNESS my hand and official seal, this day of AAv-r". , 2000.
r
NOTARY PUBILIC, State of
Florida At Large ll
Print or Type Name of Notary
My Commission Expires:
(—rPersonally known to me
( ) Produced Identification
OFFZIAi, NOTARY SEAL
( ) Did take an oath, or ( -)'Oid Not take an oath.
MARION SWENSON
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION, NO. CC605215
MY COMMISSION FXP. DEC. 15,2000
l7
f EXHIBIT "A"
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i�� OUNOARY SURVEY
wwr+t a � W �� � ara Clat
SITY OF TAMARAC - LIBRARY �aT4ilrw A AMOG417!/.lw.
■ ■� ■ � '`� A PORTION OF LOTS 11-14. BLOCK 8
GXrY QR TANSAA40o SWAM C MUrrr. r1 MMZi4
PG. 1 of 2
EXHIBIT "A"
LEUAL DESCRIPTION:
A PORTION OF LOTS 11, 12,13 AND 14, BLOCK 8, LYONS COMMFRCTAL SLII3DIVISION,
ACCORI)1NG '1'O '1'111r PLAT"THEREOF RECORDED IN PLAT BOOK 69, PAGE 42 OF THE. PI ll31.1C;
RECORDS OF BROWARD C:OTTNTY, FT,ORIl7A, MORE PAKIlCULARLY DESCRIAFT) AS
FOLLOWS:
COMMENCE AT'I'llL SOU IILAS'T CORNER OF LOT 2 OF SAID BLOCK 8
THENCE ON AN ASSUMED BEARING OF N.01"00'36"E., ALONG THE FAST LINT OF -SAIL) LOT 2
A DISTANCE OF 7.00 FEET, TO A POINT ON A T..TNF SEVEN (T) FLE T NOR'1I1 OF AND
PARALLEL WITLI HE SOUTI1 LINE OF SAID BLOCK 8;
THENCE N.88059'24"W., ALONG SAID PARALLEL. I,TNF. A DTSTANCF OF 925.99 FEET TO A
POINT 26.0FEE'1 WEST' OF '1'Ill; EASTL1NL Ol; SAID LOT 11. SAID POINTALSO BEING THE
POINT OF BEGINNING;
THENCE CONTINUE N.88059'24"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 42.34
FEETTO A POINT 31.7FEET EAST OF THE: WEST LTNF OF SA IT) I,OT 11,
THF,NCF N.85033'23"W., A DISTANCE OF 200.36 FEET TO A POINT ON A T,TNF. 19.00 FEFT
NORTH OF AND PARALLEL Wl'I'll SAID SOUI'II LINT; OF BLOCK 8. SAID PO1N'1' lluING 31.7
FEET EAST OF TILE WEST LINE OF LOT 13:
THENCE. N.88"59'24"W., ALONG SAID PARAT.T.F.I. T.TNF. A DISTANCE OF 141.37 FEET TO A
POINT OF THE WEST LTNF. OF SAID LOT 14;
THENCF N.00001'28"W., A DISTANCE, OF 281.05 I-TET" 1'O THE NORTHWEST CORNER OF I.OT
14 OF SAID BLOCK 8;
THENCE S.88"59 24"E., ALONG THF. NORTH LINE OF SAID BLOCK 8, A DISTANCE E Of- 388.78
FEET;
THENCE S.01`00'36"W., A DISTANCE OF 293,00 FEET TO THF. POINT OF BEGINNING,
SAID LANDS SITUATE WITHIN THE CITY Ole TAMARAC, FROWARD COUNTY, FLORIDA
C.ONTATNTNC, 2.53 ACRES (110,243 SQUARE FEET) MORE OR LESS.
PG. 2 of 2
Exhibit B
LEGAL DESCRIPTION:
A PORTION OF LOTS 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, BLOCK 8, LYONS COMMERCIAL.
SUBDIVISION, ACCOIWING TO THE PLAT THEREOF RECORJ.]ED IN PLAT BOOK 69,
PAGE 42 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORII)A. MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUT14PAST CORNER OF SAID LOT 2;
'THENCE ON AN ASSUMED BFARING OF NORTH 01°00'36" FAST ALONG THE: EAST
LINT, OF SAID LOT 2 A DISTANCE OF SEVFN (T) FEET TO A POINT ON A LINE SEVEN
(T) FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 8.
SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE NORTH 88059'24" WEST ALONG SAIL) PARALLEL LINE A DISTANCE OF
926.00 FEET TO A POINT 26.0 FEET WEST OF THE FAST LINE OF SAID LOT 1 l;
THENCE NORTH 01 000'36" EAST A DISTANCE OF 293.00 FEET TO A POINT ON THE
NORTH LINE OF SAID BLOCK 8;
TIIENCE NORTH 88059'24" WEST ALONG; SAID NORTH LINE OF BLOCK 8, A
DISTANC:F• OF 926.00 FERT;
TIIENC:E SOUTII 01"00'36" WEST ALONG SAID EAST LINE, A DISTANCE OF 293.00
FEET TO THE POINT OF BEGINNING.
SAID LANDF SITUATE; WIHTIN THE CITY OF TAMARAC, BROWARU COUNTY,
FLORIDA CONTAINING 6.23 ACRES (271,316 SQUARE.. FRET), MORE OR LESS.
I�
W1$T USE Or ►J. 0. PC. 42, O.C.R. � -:� _ i:•� EXHIBIT ,"C„
N.W. 89TH. AV�NIJ;-;7i i
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BROWARD COUNTY PUBLIC LIBRARY
CASE NO.27-MI-00 -TEMP RESO #9211
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COMMERCIAL BOULEVARD
CITY COMMISSION
< P
ry1
November 22, 2000
ristopher King
Conveyance of Real Property J. Chare�or
Community Development
City of Tamarac
7525 N.W. 88thAve., Tamarac, Florida 33321-2401
Telephone: (954) 724-1292
Facsimile: 724-2453
MAR. -05' 01 (MON) 14:27 EAKIN & MOODY TEL:9545652392 P. 002
• `ATTACHMENT #2
TEMP RESO #9211
AGREEMENT BETWEEN
BROWARD COUNTY AND CITY OF TAMARAC
FOR CONVEYANCE OF REAL
PROPERTY FOR PUBLIC LIBRARY
This is an Agreement between Sroward County, a political subdivision of
the State of Florida, its successors and assigns, hereinafter referred to as
"COUNTY", through its Board of County Commissioners, and the City of
Tamarac, a municipal corporation organized and existing under the laws of the
State of .Florida, its successors and assigns, hereinafter referred to as "CITY".
WHEREAS, the City of Tamarac presently owns real property
within
the
corporate limits and desires to convey such real property to COUNTY
construction and operation of a public library; NOW, THEREFORE,
In consideration of the mutual terms and conditions, promises, ollows covenants
and payments hereinafter set forth, COUNTY and CITY agree
1. Descrit3tion of Land: CITY hereby agrees to convey to COUNTY for ten
dollars ($10.00), and other good and valuable considerations, (a) the real
property described in Exhibit "A", and (b) a non-exclusive permanent easement
for vehicular parking, drainage, and access over the real property described in
Exhibit "B".
2. Conveyance: CITY shall deliver to COUNTY fee simple title to the real
property described in Exhibit "A" by Warranty Deed, conveying good clear record
marketable and insurable title, but reserving unto CITY a non-exclusive
permanent easement for vehicular parking and access. Delivery shall be within
fourteen (14) days of written notice from COUNTY's director of Libraries Division.
COUNTY agrees to accept the real property described in Exhibit "A" in its "as is"
condition. At the same time, CITY shall deliver to COUNTY a non-exclusive
permanent easement for vehicular parking, drainage, and access over the real
property described in Exhibit "B" by Easement Deed. After written notice from
County's director of Libraries is issued, CITY and COUNTY may mutually agree
in writing to extend the ti1MO Iry which CITY must deliver the deeds to COUNTY,
Prior to sending written notice, COUNTY's director of Libraries Division shall
conduct whatever due diligence COUNTY determines is appropriate. COUNTY
acknowledges that CITY has delivered copies of certain information describing
the site which are in records held by CITY and will deliver other records held by
CITY upon request. COUNTY shall have the right to inspect and conduct tests
on the real property described in Exhibit "A" at any time prior to delivery of the
deeds, and CITY shall cooperate with COUNTY regarding any such inspections
and tests upon request. if the results of any such inspections or tests are
MAR. -05' 01 (MON) 14:27 EAKIN & MOODY TEL:9545652392 p, 003
U
unsatisfactory to COUNTY, COUNTY may cancel this agreement. The title to the
real property described in Exhibit "A" shall be subject only. to:. (a) building and
zoning laws, ordinances, state and federal regulations; (b) restrictions relating to
the use of the property recorded in the Official Records and not adversely
affecting the proposed use; (c) reservation of any mineral rights by the State of
Florida or any adverse ownership claim by the State of Florida by right of
sovereignty to any portion of the property, including submerged, filled and
artificially exposed lands, and lands accreted to such -lands; (d) utility and
drainage easements which do not interfere with the proposed use of the real
property; (e) appropriate reversion language pursuant to the provisions of
Paragraph 5, below; and (f) reservation to CITY of a non-exclusive, permanent
easement for vehicular parking and access. COUNTY may waive any title defect
by written notice to CITY. It Is the intent of this Agreement that the real
properties described In Exhibits "A" and "B" shall have crass -easements for the
purposes of vehicular parking and access.
3. Examination and Title: Within thirty (30) days of request by COUNTY, CITY
shall provide evidence of title to COUNTY on the real property described in
Exhibit "A", only, which shall consist of a commitment for an owner's policy of title
insurance issued by an Insurer licensed to write title insurance in Florida, with an
insurable value equal to the fair market value of the property, together with
legible copies of all exception documents. CITY shall not be required to provide
evidence of title, a title commitment, or title insurance on the real property
described 4n Exhibit "B'. COUNTY shall pay the cost of abstracting, title review,
governmental lien searches, cost of obtaining payoff or estoppel letters, state
documentary starnpe on the deed pnd the cost of recording any corrective
instruments. COUNTY shall pay the cost of recording the deed, cost of appraisal
and the premium for the owner's policy of title insurance (at the promulgated
rate). CITY shall select the title insurance agent who will provide the title
,Insurance.
4. Construction: COUNTY hereby agrees to design and construct upon the real
property described in Exhibit "A" public library facility together with other
improvements. • COUNTY shall be responsible for all construction of the public,
library facility including but not limited to land preparation. In addition, COUNTY
hereby agrees to design and construct upon the real property described- in
Exhibit "B" an access road running from the existing Commercial Boulevard
driveway to the real property described In Exhibit "A", and landscaping
associated therewith. COUNTY shall work with all reasonable diligence to
complete construction of the library, The CITY does not intend to undertake
construction on the real property described in Exhibit "A".
5. Use of Premises: COUNTY shall use the Real Property for library purposes
and agrees to operate the Library as part of a COUNTY public library system
which shall include, but not be limited to, providing library staff, library books,
library materials, library equipment, and library services. In the event COUNTY
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uses the Real Property for other than library purposes, CITY shall have the right
to give written notice to COUNTY demanding discontinuation of the improper
use. If COUNTY does not discontinue the improper use within sixty (60) days
after it receives the notice from CITY, this Agreement shall terminate and the real
Property described in Exhibit "A" shall revert to CITY. COU[4TY shall be
responsible for those costs of operating the Library as set forth in this
Agreement. The terms of the Agreement for the reversion of the property to CITY
in the event COUNTY uses the property for other than Library purposes shall be
included in the Warranty Deed from CITY to COUNTY,
6. Maintenance of Library Building: COUNTY shall maintain both the interior and
exterior of the library building in a clean and attractive state of appearance and in
good repair, It Is specifically understood between the parties that COUNTY shall
be fully responsible for maintaining the building, which shall include the exterior
and interior physical condition of the building, roof, plumbing, electrical system,
and the heating and cooling systems. COUNTY also agrees to maintain and to
keep the real property described in Exhibit "A" in a clean and attractive state of
appearance and In good repair,
7. Utilities: COUNTY shall have the right to arrange for utilities to exclusively
serve the Library including, but not limited to, water, fuel, gas, electricity,
garbage, telephone and sewage charges. All such charges shall be paid by
COUNTY.
8. Taxes and Assessmenfs As of the date of this Agreement, CITY represents
that it has no records of liens on the real property described in Exhibit "A", there
are no special assessments by CITY on the real property described in Exhibit
"A", nor has CITY received notice from any outside agencies of liens or special
assessments on the real property described in Exhibit "A". CITY will not be
responsible for any such assessments or liens after the conveyance of the real
`property described in Exhibit "A" to COUNTY.
9. Assignment: Neither COUNTY nor CITY shall assign this Agreement, This
provisiam. shall, not be,. -construed to- prohibit- COUNTY from: -grantin'g persons -or
entities the right to occupy*or use space in the Library.
10. Cancellation: This Agreement shall not be subject to cancellation except; (a)
as "provided in Sectiori'.5.; '(b)' by either party if COUNTY has not' sent written
notice as permitted by Section 1 within two (2) years after execution. of this
Agreement; (c) by COUNTY, if COUNTY has not issued and " sold -Broward
County General Obligation Bonds- in the, amount of One Hundred Thirty-nine
Million Dollars ($139,000,000) as authorized by voter approval-0n'or'about Mardi
9, 1-999-, or (d) by COUNTY any time.prior to deliveryof deed(s) as permitted by
Section 2.
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MAR-05'01(MON) 14:28 EAKIN & MOODY TEL:9545652392 A.005
11. Notices: Whenever either party desires to give notice to the other, such
notice must be in' writing, sent by certified United States mail, postage prepaid,
return receipt requested, or by hand delivery with a request for a written receipt
of acknowledgement of delivery, addressed to the party for whom it is intended at
the place last specified. The place forgiving notice shall remain the same as set
forth herein until changed in writing in the manner provided in this section. For
the present, the parties. designate the following:
FOR BROWARD COUNTY:
Broward County
Director of Libraries Division
100 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Tamarac
7525 NW 88 Avenu& :
Tamarac, Florida 33321
1-2. Warranties: CITY is not aware of any notices of violation or restrictive
covenarit�', on"the real property descrbed in Exhibit "A". Access to the Library
and the `real property described in Exhibit "A" shall be as indicated on the site
plan (alternate number 5) as prepared, by Cartaya and Associates Architects, PA,
a copy of which Is attached hereto as Exhibit "C".
13. Default: If either party defaults in any of the terms herein, the other party
may terminate this Agreement. If this Agreement is not so terminated, this
-provision shall not deprive the non -defaulting party of the right to specific
performance of this Agreement.
14. Time of Essence: Time is of the essence In this Agreement.
15. SurvivaL of Obligations: The obligations set forth in this Agreement shall
survive delivery of the deed (s) required hereby.
16. Entire Agreement: This Agreement, the attached Exhibits "A", "B" and "C",
and any addenda or amendments signed by the parties, shall constitute the
entire Agreement between CITY and COUNTY, and supersedes any other
written or oral agreement between them, This Agreement can only be modified
in writing signed by CITY and COUNTY.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY
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COMMISSIONERS, signing by and through Its Chair or ice Chair, authorized to
execute same by Board action on the Cf'�*'` da of , 200OF
and CITY, signing by and through its . ,duly
authorized to execute same. ,
COUNTY
ATTEST:
Broward County Administrator, as
Ex-officio Clerk of the Broward County
Board of County Commissioners
BROWARD COUNTY, by and through
Its Board of County Commissioners
By —�--
--
hair
Approved as to form by
EDWARD A. DION, County Attorney
For 8roward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier. (954) 357 7641
5
. B AU4"-&
ANITHA EMM
A5SZSs i COMM ATTORHSY
5
4
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective -dates under each signature, the CITY OF TAMARAC
through its City Manager and its City Commission signing by and through its Mayor, Joe
Schreiber, duly authorized to execute the same.
ATTEST;
Marion Swen on, CIVIC
City Clerk
Date: 118�
A
CITY OF TAMARAC
Y
aoe Schreiber, Mayor
f /
Date:
By:
Jeffr L. filler, City Manager
Date:./
Approved as to form and legal
sdffibiench: ,f
S. Kraft, CnAtorney
MAR.-05'01(MON) 14:28 EAKIN & MOODY TEL:9545652392
STATE OF FLORIDA
:S5
COUNTY
Before me personally appeared Jae r-e"X'V V••lej;rrr LN �
, 4�ir4�ie well known
and known to me to be the person; described in and who execu ♦d the foregoing
instrument, and acknowledged to and before me that hg/she executed said instrument
for the purposes therein expressed. r y
` WITNESS my hand and official seal, this day of AA-c -nJ5<r 2000.
MY Commission Expires:
(- Y'l ersonally known to me
( ) Produced Identification
( ).Did take an oath, or (-Mid Not take an oath,
7
NOTARY PUBLIC, State of
Florida At Large
M190CiOAJ---&arA1eSC'A)
Print or Type Name of Notary
FFICIAI. NOTARY SEAL
MARION SWENSON
NOTARY PUOL,IC STATE OF FLORIDA
COMMISSION NO. CC60M s
MY COMMISSION EXP. PFC.15 000
I
P. 008
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MAR, -05' 01(MON) 14:28 EAKIN & MOODY
LEGAL DESCRIPTION:
TEL:9545652392
EXHIBIT "A"
A FOR'110N OF LOTS 11, 12,13 AND 14, MOCK 8, LYONS COMMFRCTAL Sljl3ylY15j()N,
ACCORDING-1-0 -111L. YLA7r mEREOF RECORDED IN PLAT T30OK 69, PAGE 42 OF THF. T'I m.ic
RECORDS OF FROWARD COITNiY, FLORMA. MORE PAWr1C:ULARLY DESC:RYTIF.T) AS
FOLLOWS;
COMMENCE AT "1'llu SOU'LlIUAS'i CORNER OF LOT 2 OF SAID RT.CICK 8:
'11113NC E ON AN ASSUMED 111aAR NO OF N.01000!36"E., ALONG THE FAST LINE OV SAID LOT 2
A DISTANCE OF 7,00 FFET, TO A POINT ON A TINE SEVEN (71 FULT NORTI I OF AND
FARALU'L Wl'1'11'111L SOUTH LINE' OF SAID BLOCK 8;
THENCE N.88059'24"W., ALONG SAID PARALLEL LTNF. A T)TSTAVcF. OF 925.99 FEEP'r0 A
POINT 26,01'Jrls'1' W1S'r OF 11M EAST LINE 01" &kID LOT I L SAID POINT ALSO BEING THE
'POINT OF HEGINMNG,
THENCE CONTINUE N.BB'59'24"W_, ALONG SAID PARALLEL LINE A DISTANCE OF42.34 .
FTET 1'O A POINT 31.711313T CAST OF THE WEST LTNF. Or- SA IT) LOT 11,
THENCF N,85"33'23"W„ A T)TSTANC H OF 200.36 FFFT TO A POINT ON A LTNF 19.00 FEET
NORTH OF AND PARALLEL WrrIl SAID SOU'1'll LIND OF BLOCK 8, SAID POINT 111:INC 31,7
FEL"I' LAS'r OT TILL+ WEST LINE OF I.OT 13:
THENCE N-88"59'24"W., ALONG SAM PARAT.T.F.T. T.TNF A WSTANC.'E OF 141,37 FRET TO A
PO1N'1' OF THY- WEST T_TNR OF SAID LOT 14;
THENCE N.00*0I12R"W., A DISTANCE OF 281.05 f-TET 1'O TM. NORTHWFUW CORNER OF LOT
14 OF SAID BLOCK 8;
THENCE S.88" 59'24"1:., ALONG THE NORTH LINE OF SAID BLOCK U. A DISTANCE Of' 388,78
F I:L'C';
THENCE S.010001VW, A DISTANCE OF 293,001r11L'I' TO TFTF. POTNT OF TIEGINNING
SAID LANDS SITUATE WITHTN THE CITY OF TAMARAC, TMOWARD COUNTY, FLORIDA
'CONTAINING 2.53 ACRUS (110,243 SQTIARE fiEET) MORL• OR I.LSS.
P. 010
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MAR. -05' 01 (MON) 14:29
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LEGAL DESC:RTPTiON.-
Exhibit B
A PORTION OF T.C)TS 2, 3, 4. 5, 6. 7, 8, 9, 10, AND 11, RLOCK 8, LYONS COMMERCIAL
SLrF3DIV1Sl01v, ACCORDING TO THE PLAT TFIEREOF RECORDED IN PLAT BOOK 69,
PAGR 42 OF THE PUBLIC REC".,ORDs OF BROWARi] COL NTy, FLORIDA. MORE
PARTICULARLY DLFSCRIHIM AS FOLLOWS
COMMENCE AT THF, SOUTH•FAST CORNER Or SAID LOT 2;
'rW--NCR ON AN ASSUMED BRARINCI OF NOR'TT7 O1°00'36'' FAST AE[)NEi THt? isABT
LINE OF SAIDT2 A DISTANCE OF SEVEN (7') FFSr TO A POINT ON A T.TNE SEVEN
(7')1 ET NORTH Ffi OF AND I] PARFARALLEL WITH TIIE SOUTH LINE OF SAID RLOC:K S.
SAM POINT ALSO, BMNG'1'IM POINT OF BEG1NNTNG;
-rfiENCF NORTH 88059'24" WEST ALONG SAID PARALLEL 1,lNE A DISTANCE OF
926.00 FEET TO A POINT 26.0 FEET WEST OF'1'HF FAST LINT~ OF SAID LOT 11;
"HENCE NORTH 01000'36" EAST A DISTANCE OF 293.00 FEET'1.0 A POINT ON THE
NORTH LINE Oy SAII] BLOCI{ $;
7TIENCE NORTII ti8°59'2.4" WEST ALONG SAID NORTH LINE OF-13LOCX A, A
DISTANCE OF 926,00 }'EFT;
TIIENCE SOIn II 01000'36" W13ST ALONG SAID EAST LINT?, A DISTANCE. Or, 293.00
FEET'!'O M. POINT OF 13FGINNING.
SAID LANDF SrrUATh WTHTIN THE CITY.OE TAMARAG,:HROWARt] COUNTY,
FLORIDA CONTAINING 6.23 ACRES.(271,316 SQUARE tMM. MORN OR LESS.
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