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HomeMy WebLinkAboutCity of Tamarac Resolution R-91-1963 2 3 1 f 35 Temp. Reso. #6167 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--91- ICIU A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE JEHOVAH WITNESSES FOR THE SALE OF OLD CITY HALL; AND PROVIDING FOR AN EFFECTIVE DATE. 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 the Jehovah Witnesses for the sale of Old City Hall and that agreement is attached hereto as "Exhibit 1". SECTION 2 : This Resolution shall become effective upon adoption. PASSED,_ ADOPTED AND APPROVED thisL(;"'day of 1991. NORMAN ABRAMOWITa- MAYOR ATTEST: - CAROL A. EVANS RE��iM) Off_ +,Of�?Ci� `arJT CITY CLERK MAYOR I HEREBY CERTIFY at I have approved this ESOL ION as lei oldcityhall b REVISED DRAFT 9/19/91 24 r13 '- p Ll PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement made and entered into this ►day of 1991 by and between the CITY OF TAMARAC (hereinafter referred to as "Seller") and THE TAMARAC CONGREGATION OF JEHOVAH'S WITNESSES (hereinafter referred to as "Purchaser"). W I T N E S S E T H: 1. Purchase and Sale . Seller agrees to sell to Purchaser and Purchaser agrees to buy from Seller those certain parcels of property described in Exhibit "A" attached hereto and made apart of this Agreement; together with the existing improve- ments thereon and all and singular tenements, hereditaments and appurtenances thereto. 2. Purchase price . The purchase price to be paid by the Purchaser to the Seller is the sum of Five Hundred Twenty -- Five Thousand Dollars ($525,000) (the purchase price). The Seller acknowledges receipt of a deposit in the amount of One Hundred Thousand Dollars ($100,000) currently being held in the escrow account of Ruf & Carsky, P.A., 2455 East Sunrise Boulevard, Fort Lauderdale, Florida 33304. The balance of the funds due Seller by Purchaser in the amount of Four Hundred Twenty --Five Thousand Dollars ($425,000) shall be paid as follows: An additional Two Hundred Seventy Five Thousand Dollars ($275,000) in U.S. currency, cashier's check or bank draft on closing and delivery of deed and One Hundred Fifty Thousand Dollars ($150,000) by Seller taking back a purchase money mortgage at an annual interest rate of 8 1/2% payable in full six (6) months from closing. 3. Closing date . The contract shall be closed and the 11 R - 11- 1 L 1 deed and possession delivered on or before the 15th day of November, 1991, unless extended by a separate, written agreement. _ 4. Condition of _ Condition pre,.mises . Premises are being conveyed to Purchaser by Seller in its "as is" condition. Purchaser may not avoid its obligation to purchase based upon the condition of premises. 5. Personal property included None 6. Evidence of Title Seller shall, within thirty (30) days from the date of this Agreement, deliver to the attor- neys for the Purchaser, Lonworth Butler, Jr., Esquire, 3520 West Broward Boulevard, Suite 212, Fort Lauderdale, Florida 33312, as evidence of Seller's title to the Realty (the "Title Evidence") a copy of the owner's title policy issued . by Lawyers Title Guaranty Fund insuring Seller's title to the Realty, together with a certified "CRT" Attorney's Title Services computer title search (and name search) covering the period from the effective date of said policy through a date not earlier than the date of this Agreement. The Title Evidence shall be accompanied by "hard copies" of all title exceptions reflected therein. The Title Evidence shall show Seller's title to the Property to be good, marketable title in accordance with the standards adopted from time to time by the Florida Bar, free and clear of all reverter clauses and reservations, whether in favor of any individual or govern- mental unit, unless Purchaser is able to obtain affirmative title insurance as to such reverter and/or reservations and such reverter and/or reservations do not, and will not, adversely affect Purchaser's intended development of the Property. Purchaser's attorney shall, have thirty (30) days from the date of receiving the Title Evidence to examine the same. If the examination of the Title Evidence (or any other examination of Seller's title to the Realty made by Purchaser or at Purchaser's direction) reflects title to be in a -2- K_R - q' - `Q1,pl, I condition other than as represented herein, Purchaser's attorney shall within five (5) days after said thirty (30) day review period, notify Seller of the defects rendering the title unmarketable. Seller shall use Seller's best efforts to cure such defects no later than thirty (30) days after receipt of notice of the same. Seller agrees to remove by payment, bonding or otherwise any lien affecting the Property capable of removal by the payment of money or bonding. Seller shall. bring suit, if necessary, to cure any other defect or to buyout or settle any other claim or lien against the Property created by Seller. In the event that Seller does not eliminate all defects as of the date provided hereunder after using its best efforts to do so, Purchaser shall have the option of either (1) extending the time period for Seller to accomplish said corrective title action by up to ninety (90) days in which event the closing date shall similarly be extended, (2) closing and accepting the title as is, without diminution of the Purchase Price or any damages against Seller, or (3) cancelling this Agreement in which event Escrow Agent shall return to Purchaser the Deposit, whereupon all parties shall be released from all, further obligations under this Agreement. If option (1) above is elected and title is not cleared by Seller by the extended title clearance date, Purchaser shall then elect either option (2) or (3) above. 7. Conveyance Seller shall convey title to the premises to Purchaser by Special Warranty Deed subject to. (1) zoning and/or restrictions and prohibitations imposed by government authority; (2) restrictions, easements and other matters appearing on the plat and/or common to the subdivi- sion; (3) other matters specified in this contract, if any. 8. Survey. . Purchaser may, at its option and at its sole cost and expense, cause a survey of the realty to be prepared by a surveyor licensed in Florida or professional. engineer registered in Florida. Isle At _R-17I r' 40 I J 11 9. Inspection The Purchaser acknowledges that it has inspected the premises and accepts it in its "as is" condi- tion subject only to the contingencies set forth in Paragraph 4 herein. 10. Environmental condition Seller is not aware of any prior or existing environmental condition, situation or incident on, at, or concerning the subject property or any adjacent property that may give rise as against Seller or the subject property to an action or to liability under any law, rule, ordinance or common law theory. 11. Seller's affidavit . Seller shall furnish to Purchaser at time of closing an affidavit attesting to the absence of any claims of lien or potential lienors known to Seller. If the property has been improved within ninety (90) days prior to closing, Seller shall deliver to Buyer an affidavit setting forth names and addresses of all contractors, sub- contractors, suppliers and materialmen and stating that all bills for work on subject property have been paid and Pur- chaser may require releases of all such potential liens. Furthermore, the affidavit shall state that there are no matters pending against the affiant that could give rise to a lien that would attach to the property between the disbursing of the closing funds and the recording of the Instrument of conveyance, and that Seller has not and will not execute any instrument that could adversely affect the title to the property. 12. Documents for closing Seller shall prepare and provide all documents necessary to close excepting any financial documents should the Purchaser finance the trans- action. 13. Expenses Documentary stamp tax (if applicable) on any Warranty Deed or other instrument of conveyance will be paid by Seller. Recording costs will be paid by Purchaser. -4- ''1�- 5, /- I11(c,, Purchaser shall pay the entire costs, including attorney's fees, taxes and recording fees, of any financing provided for the closing of title. 14. Special assessment liens Certified, confirmed and • ratified special assessment liens through the day prior to closing (and not as of the date of this Agreement) are to be paid by the Seller. Pending liens as of the date of closing shall be assumed by the Purchaser. 15. Risk of loss If the improvements are damaged by fire or other casualty before delivery of the deed and can be restored to substantially the same condition as now existing within a period of sixty (60) days thereafter, Seller may restore the improvements and the closing date and date of delivery of possession herein before provided shall be extended accordingly. If Seller fails to do so, the Pur- chaser shall have the option of (1) taking the property as is • together with insurance proceeds, if any, or (2) cancelling the Agreement and all deposits will be forthwith returned to the Purchaser and the parties released of any further liabil- ity hereunder. 16. Maintenance Seller is not obligated to provide maintenance of the premises to date of closing. . 17. Attorney fees and costs In connection any arbitration or litigation arising out of this Agreement, the prevailing party, whether Purchaser or Seller, shall be entitled to recover all costs incurred including attorney's fees and legal assistant fees for services rendered in connection therewith, including appellate proceedings and postjudgment proceedings. 18. Default In the event of default of either party, the rights of the non -defaulting party shall be provided herein and such rights shall be deemed to be the sole and exclusive rights in such event, (a) If Purchaser fails to perform any -5- of the covenants of this Contract, all money paid or deposited pursuant to this Agreement by the Purchaser shall be retained by or for the accounting of the Seller as consideration for the execution of this Agreement as agreed and liquidated damages and in full settlement of any claims for damages and specific performance by the Seller against the Purchaser, (b) If Seller fails to perform any of the covenants of this Agreement, all money paid or deposited pursuant to this Agreement by the Purchaser shall be returned to the Purchaser upon demand. Any controversy or claim between Purchaser and Seller arising out of or relating to this Agreement, or a breach thereof, may, at the election of the parties, be settled by mediation or by arbitration or by litigation. Any of the above proceedings shall be brought in the county where the Real Property is located and shall be conducted pursuant to Florida Statutes relating to mediation, arbitration or litigation. 19. Brokerage . Seller and Purchaser agree that there is no real estate broker, salesman or finder involved in this transaction. Each party does hereby indemnify and hold the other harmless from and against any and all liabilities and expenses in connection with any claim for any commission, compensation or amount otherwise alleged to be due any broker claiming to have brought about this transaction, by or through said indemnifying party. 20. Place of closing Closing shall be held at Tamarac City Hall, 7525 N.W. 88th Avenue, Tamarac, Florida or at such other place acceptable to Purchaser and Seller, provided, however, that if Purchaser's lender designates a different location for the closing accessible to the parties, the closing will be held at such location. 21. Notices All notices or other communications given or made pursuant hereto, or for the purposes of invoking or enforcing any of the provisions hereof, shall be in writing 9 0 .0 0 by registered. mail., return receipt requested, with full postage paid, addressed as follows: As to Seller: with a copy to: As to Purchaser: with a copy to: John P. Kelly, City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 Alan F. Ruf, Esquire Ruf & Carsky, P.A. 2455 East Sunrise Boulevard Ft. Lauderdale, FL 33304 David Perrotta Tamarac Congregation of Jehovah's Witnesses 9904 N.W. 77th Street Tamarac, FL 33321 Lonworth Butler, Jr., Esq. 3520 W. Broward Boulevard Suite #212 Ft. Lauderdale, FL 33312 All notices shall be deemed given one (1) business day after mailing as provided above or, if delivered by other means, when actually received. 22. Modification; successors. . This Agreement may not be changed or terminated Orally. The stipulations aforesaid are to apply to and bind the executors, administrators, succes- sors and assigns of the respective parties. 23. Indemnification of Escrow Agent . All parties do hereby release Escrow Agent from any liability for any loss caused by said Escrow Agent and do hereby indemnify and hold Escrow Agent harmless from any loss or liability incurred by Escrow Agent hereunder, except for actions by Escrow Agent of negligence or willful and malicious misconduct. If in doubt as to the disposition of any escrowed funds or documents, Escrow Agent shall be entitled to interplead all or a portion of such escrow funds and documents, and upon payment of such funds or delivery of such documents in the court registry, Escrow Agent shall be relieved of all further liability in connection with the funds so deposited and documents so delivered. 50 C_ 1 24. Entire agreement . This Agreement contains the entire agreement between the parties hereto, their successors, heirs and assigns, and no change or modification hereof shall be binding upon the parties unless evidenced by an instrument in writing, or unless made in accordance with the provisions hereof. This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. SELLER: Signed, sealed and delivered THE C TY OF TAMARAC in �o :zz - By: JOH P. KELLY, CITY AGER RMAN ABRAMOWITZ, MAYOR •� �1 fr 7 CAROL A. EVANS, CITY'CLERK Approv-ed---a�s t,Q form ALAN F . 'ftUF�'� ATTO CITY OF T RA �� WITNESSES.AGRMT PURCHASER: THE TAMARAC CONGREGATION OF JEHOVAH'S WITNESSES M DAVID PERROTTA r 53! EXHIBIT "A" Lots 1 - 4 in Block 2 of Lyons Industrial Park, according to the . Plat thereof, recorded in Plat Book 71, at Page 1, of the Public Records 0 of Broward County, Florida (see Deeds into Seller attached). 1 S i£9Z£ A1F.r,0- c$r .1c_s LAW OFFICES ZEALY & BRADY 21531 E. OAKLAND PARK BLVD. w n FORT LAUDC.RDALE. FLA: '331305 WARRANTY DEED SUNBANK MORTGAGE COMPANY, a Florida corporation, the Grantor, in consideration of the sum of $10.00.received from THE CITY OF TAIAR AC, the Grantee, _gf- City Hall, Tamarac, Florida 33313, hereby on this September � , 1975, conveys to the Grantee the real property in Browar County, Florida, described as: Lots 1 and 2 in Block 2 of LYONS INDUSTRIAL PARK., according to the Plat thereof, recorded in Plat Book 71, Page 1, of the Public Records of Broward County, Florida. and covenants that the property is free of all encumbrances, that lawful seisin of and good right to convey that property are vest in the Grantor, and that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful ry claims of all persons whomsoever. Excepted from the foregoing warranty are the following: 1. Taxes for the current year. .� 2. Easement shown on plat referred to above. -r- 3. Agreement with Tamarac Utilities, Inc recorded in a O.R. Book 4057, Page 961, and modification thereto a>r recorded in O.R. Book 4525, Page 568, all of the Public Records of Broward County, Florida. 4. Declaration of 4218, Page 614, Florida. restrictions recorded in O.R. Book Public Records of Broward County, Signed in the presence of: (4LcJ i STATE OF FLORIDA ) ) ss: COUNTY OF ORANGE ) SUNBANK MORTGAGE COMPjlltiY '%in �, Carl Nimnicht Jr'r•i' d es , t,, I HEREBY CERTIFY that on this day, before me, a Notary Public duly authorized in the state and county narmed above to take acknow ledgments, personally appeared CARL NIt4NICHT, JR., to me known to the person described as President of SUNBANK MORTGAGE COMPANY in and who executed the foregoing warranty deed, and acknowledged before me that he executed the foregoing warranty deed in the name of and for that corporation, affixing the corporate seal of the corporation thereto; that as such corporate officer he is duly authorized by the corporation to coo so; and that the foregoing warranty deed is the act and weed of the corporation. WITLESS my hand and offici 1 seal in the county and state famed above this September, 1975. (` Q arial Seal) '' Notary Public, State o Florida at Larg �" : + My C..gmrmission Expires: FLoa I A S, i TAX -• r,.n1 ., to, RECORDED IN THE OFFICIAL RECORDS BOOK OF BROWARD COUNTY, F:ORIUA PETER A. KOH1V QQUMIX AUMINISIPATOR I AFTER RECORDING RETURN TO: RUF AND JONES, 2691 E. Oakland Pk. Blvd., Ft. Lauderdale, FL 7$--16556$ /-1 Q / ire'' 33306 PAnted for Lawyers' Title Guaranty Fund, Orlando, Florida t( �� / to This instrument was prepared by: / Name ARTHUR z • SNYDER IVAddre&& P-O, Dn 6�00-„550 ,Warranty Beed (STATUTORY FORM -SECTION 689.02 F.S. North Miami Beach, FL &;418 3ttbrttt>Itrr, Made this � e7 CR� day of -- V June, 1978 , Sawrim ONLEY LEWIN, TRUSTEE, a of the County of Dade , State of Florida , grantor*, and CITY OF TAMARAC, a municipal corporation of Broward County and the State of Florida, whose post office address is 5811 N.W. 88th Avenue, Tamarac 36321 of the County of Broward , State of Florida WtttWfi5 Pt4. That said grantor, for and in consideration of the sum of , grantee*, Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bgrgained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Broward County, Florida, to -wit: Lot 3 in Block 2, LYONS INDUSTRIAL PARK, according to the plat thereof as recorded in Plat Book 71, at Page 1, of the Public Records of Broward County, Florida. Subject to Real Property Taxes for the year 1978, and all subsequent years Subject to restrictions, easements and other matters appearing on the plat and/or common to the subdivision, but this Deed ' shall not reimpose same, ry cv �a STATE OF' FLOPIDAI C z � DOCUMENTARY~ .0 DOC:UMENTF,nv �.Y•'/fi,�r STAMP TAXI ��_ CO `�� SUR TAX X� DEPT.OF REVENUE 3a `'.' FLORI A a ' q m + ' _ _ D r� nv P.B. = JUN3D'T 8 ��� .` 9 5- 0 0 I m� rEPT. JUN30'T8 - 7 ', 5 0 r 1P.B. 6r P.B. D ev RE:E111T 11139 and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all persons whomsoever. * "Grantor" and "grantee' are used for singular or plural, as context requires. Jn Vttnt ss 1111ligrraf, ,/ Grantor has hereunto set grantor' a and seal the do an ear fi t above written. Signed cal/�/d deliv red in/our pr;�sente; y col) i" (Seal) (Seal) (Seal) STATE OF FLORIDA COUNTY OF DADE 1 HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared M STANLEY LEWIN, TRUSTEE, o me known to be the person described in and who executed the foregoing instrument and aFltt;pv�iedped'bel. ore me that he executed the some. WITNESS my hand and official seal in the County and State la t aforesaid is /�% dd of une, t9 78. c My commission expires: cm rprc� tv NOTARY PUBLIC STATE OF FLORIDA AT URGE MV COMMISSION EXPIRES DEC. 8, 197e •'•, ���'.^iG ;�A WNDED THRU GENERAL INSIMANCI UNDERWRITER/ '' .,,,•,, ' , MWMDED 114 THE OFFIM REIZIRIX 111111111 OE BROWARD Cr1UIM. FLORMA L. A. HESTER / CrVIMTY AVVINIWRATCO „ WARRANTY DEED 8 0— 1 6 9 7 0 8 INnIVtb, TO INDIVIO rill This 10arranty deed t",lade Cite / � � day of May RAMCO FORM 0$ A. D, 10 80 , by P—q Iss 9 T it STANLEY LEWIN, TRUSTEE, hereinafter called Cite grantor, to CITY OF TAMARAC, a municipal corporation of Broward County and the State of Florida, whose postoffice address is 5811 N.W. 88th Avenue, Tamarac 36321 hereinafter called Cite grantee: IWherecer uked herein the terns "Krantnr” and "grantee" include all the parties to this instrument and the heir%, le¢al repre,entatkes and assigns of individuals, and the successors and assigns of corporations) 10itnesseth: Thal the firanfor. for and in consideration of the sum of S 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee, all flint certain land situate in Courtly. Florida, viz: LOT 4 in BLOCK 2, LYONS INDUSTRIAL PARK, according to the plat thereof as recorded in. Plat Book 71, at Page 1, of the Public Records of Broward County, Florida. SUBJECT to restrictions, easements and other matters appearing on the plat and/or common to the subdivision, but phis Deed shall not reimpose same. ST TE of F LO P i E7A, f DOCUMENTARY ,� 5iA.I�tP TAX F' DEP7. GF REVENUL CS — p JUN-6180 �� - it " 0 2 0.0 o 11442 �ti.....�� Together will, all the tenements, hereditaments and appurtenances Telo belonging or in any- wise appertaining. To Have and to Hold, the same in fee simple forever. Rnd the grantor &reby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good -right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 7 9 . In Witness whereof, the said grantor has signed arA sealed these presets the day and year first above written. gig ed a''d d livered 1pi *rampresence: ......-- ............................................. --.......... STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared STANLEY LEWIN, TRUSTEE, to me known to be the person d55sclrSbrd in and who executed the foregoing instrument and ackildwdfdge0 before me that he rxecuted the same. "'2..' `i.., WITNESS my h1rQ yif r9frfici3►k Teal ,ih County and State last aforesaid this _ � day of May' A, D. 19 80. -.r OTARY..P$t.`, N........ ?, I Thrc Insiruinew prepared !y............. T+f'S WSTRUMENT PREPARED BY: id11'e'S.t Pf:.Y Wil ' I. S±JYDER rv.' i� P.A. I i' iJ. E. 16.E ST. :-4 F•I r:r,InA 2*1ca =W%M rot tA u I - SPACE BELOW FOR RECORDERS USE I WMARV MILK- S1ATI OF FLORIDA AT IAAM M 4_UMIA.5SION t+PIKES DEC ! 1992 rt t tt --to -.at AkA1 INS UNDERWRITERS --7 ir C" tpo V1 t� 0 r