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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 •• � t!!i t it •- � 6ax B d AVENUE W I � tag � 11 6 Q ss �"��111_ !y 41x011 If A A� p �# it JE tiI filial, !� X � A. fill # 111.11ilia a i�' ��� ��� BQUNOARY SURVEY ...W m �� �• G r�ti ar CITY OF TAMARAC - LIBRARY F70�R R AE/OC"Tls6 A PORTION OF LOTS 11-14. BLOCK a =1 V qF TAyARA4. SWAM 00UW". FLCwOA 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" Q'f a� 44a, Yc1 x t •9g, x Y p c ff9 i l x"I A it �� ��R ill: �j� i ■i a9 i ��-S��Y+ r1 i 11 i3 8 �� xC� '-` i aaii +d �, �r d -� 1� gr x s s i i 9� 4 � x • y w x 'ix E x g$�i p4 i3ai �; a yi" 6S$��� a �]£;y�re A �ei g ,7xx �I $$ q 9 Qi i S • d 6 ��i x v; x� i J�;1dxRe1i il! �,R� ii•i �y `p 6� x x '•� �p y i'i i Ill i g:Pill � a�� a' , Iiii fill '.1111 if 11 gg�8 xd� "1 � p �a I �� �Ia i t Yx11 111ii T p >< �y 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 WEST LINE Cr LOT 15. 9LCC9 L LA e t� z � f Roy eIIA il' i L ou��► 7-1 N iIrn I' r1 tl, t 1 �SIT4. %KICIVII - - -- .vr � 4a1�Taa �` 0027 n e I �-- -- I -------`a--z-- -- 0 o x ' n L4 I a d ; i I 1 , r 4 ' �o �i TAMARAC UnRARY I IIg u aaear 2 M If BROWARD COUNTY PUBLIC LIBRARY CASE NO.27-MI-00 -TEMP RESO #9211 L[- - 1J 1�- ~LTCL711 L�117 T Lf [l [�: r1TCCrIZT1 rLl I I1TLLT1�. �EHEEEEE(_1L � H. M- FiEL_ f r. _Lzrrr�Lur�u.., � ITI 1IT1� fLl fTliTlFT_1fTTlT(-1 CLL. L 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 2 MAR. -05' 01 (MON) 14:27 EAKIN & MOODY TEL:9545652392 P. 004 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. 3 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 4 MAR. -05' 01 (MON) 14:28 EAKIN & MOODY TEL:9545652392 OWA P. 006 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 MAR. -05' 01 (MON) 14:28 EAKIN & MOODY TEL:9545652392 P. 007 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 MAR. -05' 01 (MON) 14:28 EAKIN & MOODY TEL:9545652392 P. 009 nnmmmj mnj���n�mnni 77 73773]37731777777� �I i IMMUNE I I I II I I 11 A ey R 9 e r r. el y r.. i!= Q MN ` b �I J EXHIBIT "A" AI 4 U [� x � �� ii� ��� '`s aA �di ]�i �i $I alta j f�: �:� s E " �• y tr� q s ' �' • it �il� s si i ;• `E n .af 11� 1a9, (t� l�.l &lAIN ,� �xr 1 �•g lit �, ;' �•" ii r� �d �� r �' fill;�I II 1 VA w. �.. souWowRY BURv1EY rr .� �. r, mm ' CITY OF YAKARAC - U0 RA1tY �irr�r a �, +T1:+,Ira A 1MOIITIO. _....IJ of LOTO 11-1s,. 9LOCK i � I,— w, - "w"=L="-- a A Ise ..._ — PG.1 of 2 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 Y PG. 2 of 2 MAR. -05' 01 (MON) 14:29 EAKIN & MOODY TEL:9545652392 P. 011 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. 4 0- q1// a Dri O�,a0 r MAR. -05' 01(MON) 14 : 29 1 • r EAKIN & MOODY TEG:9545652392 P.012 W-----�- _ EXHIBIT licit 1 N.W. 6aTH. AVENVE JSST LIN C/ LOT IL YLwx 1 tI I = w No Text