HomeMy WebLinkAboutCity of Tamarac Resolution R-91-148Temp. Reso. #6116
3 CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-91- �
A RESOLUTION OF THE CITY OF TAMARAC,
FLORIDA AUTHORIZING OFFICIALS TO EXECUTE
i AN AGREEMENT BETWEEN THE CITY OF TAMARAC
AND RICHARD C. JONES, TRUSTEE, CONCERNING
PROPERTY IN LAND SECTION 7 AND
PROVIDING AN EFFECTIVE DATE.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the appropriate City Officials are hereby
authorized to execute an Agreement between the City of Tamarac
and Richard C. Jones, Trustee, concerning property in Lana
Section 7, a copy of said Agreement is attached hereto and make
a part of this Resolution as "Exhibit 1".
SECTION 2: This Resolution shall become effective
immediately upon adoption. �I
PASSED ADOPTED / AND APPROVED this � day of ,
1991.
ATTEST:
dw�� --2
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that S have
approved this RESOLUTION as
to form.
ALAN F OF
CITY ATTORNEY
r
VkNORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1:
C/M KATZ
DISTRICT 2:
Q/M S 1-i RMANN
DISTRICTS:
C-,(W GLAAS`•E-R
DISTRICT4:
V M _ EI1JQFR
kc . R _, q /_ / V Y'rr
6H._9
(i R a E M
THIS AGREEMENT made between CITY OF TAMARAC, a Municipal
corporation of the State of Florida, ("CITY"), and RICHARD C.
JONES, Trustee, his successors and assigns ("TRUSTEE").
-WITNZ60ETH
WHEREAS, on January 15, 1987, an Amended Stipulated Settlement
Agreement and Order was entered by the Broward County Circuit
Court, in Case Number 83-13334 DF ("ORDER").
WHEREAS, pursuant to the ORDER, TRUSTEE subsequently sold a
seventeen and one-half (17 1/2) acre parcel of land situated in
the south half of Land Section 7 more particularly described in
Exhibit "A" ("PROPERTY") to CITY.
WHEREAS, pursuant to Paragraph 10.A. of the ORDER, should the
CITY determine in the future that the PROPERTY, or any portion of
the PROPERTY, is no longer needed for municipal purposes and offers
the PROPERTY, or any portion of the PROPERTY for sale, or if CITY
receives a bona fide offer to purchase, then in that event, the
• CITY shall advise TRUSTEE in writing, and the TRUSTEE shall have
a sixty (60) day right of first refusal to purchase the PROPERTY,
or any portion thereof, at the lesser of the per acre price of any
such offer to purchase or the purchase price of Twenty Thousand
Nine Hundred Seventy -Seven and 50/100 ($20,977.50) per acre, which
is to be increased in the same proportion as any increase in the
"Revised Consumer Price Index for Urban Wage Earners and Clerical
Workers--U.S. CITY Average All Items" (1967=100), prepared by the
Bureau of Labor Statistics of the U.S. Department of Labor.
WHEREAS, the parties wish to amend Paragraph 10.A. of the
ORDER as to the TRUSTEE's right of first refusal to purchase the
PROPERTY.
NOW, THEREFORE, in consideration of the payment of ten dollars
($10.00) and the mutual covenants contained herein, the parties
agree:
1. Paragraph 10.A. of the ORDER is hereby restated and
amended in its entirety In the event that CITY receives a bona
1
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fide offer to purchase the PROPERTY, or any portion thereof, CITY
shall be required to so advise TRUSTEE in writing in the time and
manner described in Paragraph 3 of this Agreement, and TRUSTEE
shall have a sixty (60) day Right of First Refusal to purchase the
PROPERTY, or any portion thereof, at the same price as the
prospective purchaser's bona fide offer to purchase the PROPERTY.
For purposes of this Agreement, "bona fide offer" shall be defined
as an offer which is equivalent to or less than the fair market
value of the PROPERTY, or portion thereof, by a credit worthy
prospective purchaser.
2. If TRUSTEE elects not to exercise his right of first
refusal in accordance with the terms and conditions in Paragraph
1, CITY shall include in any agreement to purchase and in the deed
to the PROPERTY the following conditions:
(a) Pursuant to Section 6, Paragraph K of the Westpoint
Development -of -Regional -Impact Development Order, adopted by the
City as Ordinance No. 0--89-44 on December 20, 1989, there is an
obligation to design and construct four lanes of Hiatus Road from
Commercial Boulevard to the East-West Drainage Canal located
immediately south of the East --West Quarter Section Line (as
described in Paragraph 10.H. of the Order) ("Hiatus Road") by
December 31, 1994. A purchaser of the Property, or any portion
thereof, shall be obligated to pay its pro rata share of the design
and construction of Hiatus Road. The pro rat& share shall be paid
by the purchaser to Trustee at the time of closing on the Property,
or any portion thereof. In order to determine the pro rata share,
the total cost for the design and construction of Hiatus Road shall
be divided by the total lineal foot frontage of Hiatus Road to
determine the per lineal foot frontage cost and purchaser shall be
obligated to pay the amount determined by multiplying the per
lineal foot cost by'the total lineal foot frontage of purchaser's
0 property. The total cost to design and construct Hiatus Road shall
be based upon (i) certified paid invoices for all costs incurred
in such design and construction; or (ii) in the event the purchase
take place prior to the completion of the design and construction
E
of Hiatus Road, the cost shall be based upon a certified cost
estimate for such design and construction prepared by an engineer
registered pursuant to Chapter 471 of Florida Statutes and selected
by TRUSTEE. A purchaser of the Property, or any portion thereof,
40 shall not be entitled to any credit toward the cost to design and
construct Hiatus Road because of the dedication of any right of way
for the construction of Hiatus Road.
(b) Prior to submittal of an application to the City
for approval of a land use plan amendment, rezoning or site plan
("Application"), the purchaser of the PROPERTY, or any portion
thereof, shall obtain written approval from the TRUSTEE, in
accordance with the notice provisions contained in Paragraph 3,
which approval shall not be unreasonably withheld. TRUSTEE shall
have the right to reject any proposed Application which is not
compatible with the surrounding land use(s). Any proposed site
plan shall provide for extensive berming and landscape buffering
in accordance with the City's Landscape Ordinance in order to
assure adequate screening from TRUSTEE's property. TRUSTEE shall
have ninety (90) days in which to review any proposed Application
for the PROPERTY and to notify the Purchaser in accordance with
the notice provisions contained in Paragraph 3. If TRUSTEE does
not notify the purchaser within ninety (90) days after notice of
a proposed Application, the Application shall be deemed approved.
This condition shall survive the closing and any agreement to sell
the Property, or any portion thereof, shall specifically state that
it shall so survive.
3. All notices, demands and other communications given
hereunder shall be in writing and shall be deemed to have been duly
given on the first business day after mailing U.S. certified mail,
return receipt requested, postage prepaid, addressed as follows:
TO CITY: City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321
C/o City Attorney
TO TRUSTEE: Richard C. Jones, Trustee
C/o Ellen M. Hamilton
Penguin Realty
200 W. Madison St., Suite 3800
Chicago, IL 60606
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With a Copy to: Ruden, Barnett, McClosky, Smith,
Schuster, and Russell, P.A.
P.O. Box 1900
Fort Lauderdale, Florida 33302
Attn: Susan P. Motley, Esq.
or to such other address as any party shall designate to the others
for such purpose in the manner set forth above.
4. All other rights and obligations of the parties contained
in the ORDER which are not amended by this agreement remain in full
force and effect.
IN WITNESS WHEREOF, the parties have set their hands this
7'N day of `7h.�w 199r
4
ATTEST: CITY 0TAMARAC
By:
TY Clerk yor id
awita ry
APPR TO F By'
ity Manager, o n P. Kelly
CITY A or
STATE OF FLORIDA }
} SS:
COUNTY OF BROWARD }
I HEREBY C IFY that on this day personally appeared before
me, L 9i �4 &1e as Mayor of the CITY of Tamarac, to
me known to be the person o signed the foregoing instrument as
such person, and acknowledged the execution thereof to be his free
act and deed as such person for the uses and purposes therein
mentioned.
WITNESS my ha d�nd official,- eat in t e State and County last
aforesaid this day of T , 19 /.
-4 ( SEAL)
No'Cary Public
State of Florida at Large
COTARY PUBLIC STATE OF FLORIDA
My commission expires: NY C0N:ir.SZIaN EYP. APR.21.1992
STATE OF FLORIDA ) 80.'.'JZ0 TiiRU CELEESAL AS. UND.
SS:
COUNTY OF BROWARD )
I HER BY CER FY th on this day personally appeared before
me, as City Manager of the CITY of
Ta ac, to me known to be the person who signed the foregoing
instrument as such person, and acknowledged the execution thereof
to be his free act and deed as such person for the uses and purposes
therein mentioned.
WITNESS my hand and official seal '�,thhato and County last
aforesaid this W7 day of 19
-4-,ez�
._ (SEAL)
Notary Public
State of florda at Large
My commission expires: 1:0TARY PUBLIC STATE OF FLORIDA
NY CONOISSIOti EiiP, APR.21.1992
60iiDZ0 THRU GIUi ,RAL INS. UND.
5
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i
WITNESSES:
STATE OF ILLINOIS }
} SS:
COUNTY OF COOK }
4 _
'chard C.--Jones, TRUSTEE
I HEREBY CERTIFY that on this day personally appeared before
me, RICHARD C. JONES, TRUSTEE, to me known to be the person who
signed the foregoing instrument as such person, and acknowledged
the execution thereof to be his free act and deed as such person
for the uses and purposes therein mentioned.
WITNESS my hand and official se 1 in the State and County last
aforesaid this �`� _, day of , 19911.
(SEAL)
OFFICIAL of Public
State of Illinois
lI t);G 1,3 3 2r My commission expires:
6
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LAND DESCRIPTIONS AMENDED UTILITY AGREEPENT
A portion of tracts 25, 26, 31 and 32 of "Florida Fruit Lands Company
Subdivision No. 20, as recorded in Plat Book 1, Page 102 of the Public
Records of Pala Beach County, Florida, lying in Section 7, Township 49
South, Range 41 East, broward County, Florida, more particularly des-
cribed as follows:
Commencing at -the Northeast corner of the Southeast one -quarter (SE
1/4) of said S4ction 7; thence South 890 19' 54" West, 41ong the North
lY ne of the Southeast one -quarter (SE 1/4) of said Section 7, a dis-
tance of 53.00 feet to a point on a line 53.0u feet (west of and parall-
el with the East line of said Section 7; thence South 01. 24' 48" East,
along the last described parallel line, 120.01 feet to the POINT of
BEGINNING; thence continue along said parallel line South 01. 24' 4tl'
East, 581.11 feet; thence South U4" OU' 49" West, 18.89 feet; thence
South 890 191 541 West, 1268.98 feet; thence North 0141 24' 4id' West,
599.94 feet to a point on a line 12U.00 feet South of and parallel with
the North line of the Southeast one -quarter (SE 1/4) of said Section 7;
thence North 89. 19' 54" East, along the last described parallel line,
1270.76 feet to the POINT OF BEGINNING.
Containing 17.50 acres, more or lesr.
NOTES
�-REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN
EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -NAY, EASE-
MENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO FLOR10A COORDINATE SYSTEM
EAST ZONE, GRID NORTH, TRANSVERSE MERCATOR PROJECTION (STONER/-
KEITH RESURVEY AS RECORDED IN MISC. MAP BOOK 3, PAGE 44, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA).
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR,
5. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY,
CERTIFICATE
WE HEREBY ERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON
DESCRIBED PROPERTY IS THUS AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND
BELIEF AS DELINEATED UNDER OUR DIRECTION IN SEPTEMBER* 1986. WE FUR-
THER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNI-
CAL STANDARDS SET FORTH IN RULE 21MM-6 ADOPTED BY THE FLORIDA BOARD OF
LAND SURVEYORHv PURSUANT TO FLORIDA STATUTES 472.027.
L-11/land/sec?-ua TH 'CHN RS, P.A.
GIN E , P E�S SURVEYORS
J P. E ER, PL.
ORID3► REGISTRATION NO. 4323
OF 01semPr1o"
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