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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. 31 32 33 34 35 16 .17 19 1. 2 2 22 23 26 25 26 27 2E 29 30 31 3: 35'1 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 Y_q I- lygl/ � 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 3 kite, i /- / / o " 0 U 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 LJ L� 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 Ll 11 0 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" ZANO .SECT/OA/ 7- SOL/T/l SEC. 7, r*V 4y S., AW 41 E. TAMA.t 4e , A40W4AtD m, AZOO/&O EXHIBIT "A" GAt[ '� jf'�' OAT[ e[VISIOMe $CAI[ II[lb ell. a. ev SHUT NO._L 4W ?. 6"19T4 �K. •� 1---4r-- DRAWING NO. 112 3L=�Z�C 11 scaL�: stool At& a rr;f . ,M. 7- �9 •�(/ - S /rN/s,-,vIWV. 40p. /rv. Q,. �7 a 1 /tv• Iv14 Nos MIZZ AO-40 SOyOiD'4'J"W ti swarm Oi oEs«ior�v�v LONG .%FcrvAl 7- Baum AV CPVA/ aF r#,f .fit/r�✓E,uT %I , S.Fe. 7, rIV.0 fV S, ,IcGE 41 E . 77A44RAG , O,?Owafo ea, FLD4/OA 25 TG2.3QD Sf. /7,6O Alai 'Al or NO If's" w 51.9. w • DATi Z„ :a DATE stvislo"s SCAIL '4 FIIID 8It, t L DwMO. tr.2sL FLA. FiPL/!T CANO$ Ca sue. Svc. 2 h w a h 3. EXHIBIT "A" N 4 Ta 1wA�•W �' 7770. 7'77•i70/". {Mitt NO...l._ QI 2 - *Met? DRAWING No. Ils 4 - L tl g_ % /` ova,/ LI 0 0 LOCATION SKETCH Not to Scale) S.E. 1/4 Section 7-49-41 :art COMMERCIAL E3LVV. v.