HomeMy WebLinkAboutCity of Tamarac Resolution R-91-1963
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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
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deed and possession delivered on or before the 15th day of
November, 1991, unless extended by a separate, written
agreement.
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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
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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
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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.
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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
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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
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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.
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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
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of Broward County, Florida (see Deeds into Seller attached).
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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
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., 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
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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.
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Thrc Insiruinew prepared !y.............
T+f'S WSTRUMENT PREPARED BY:
id11'e'S.t Pf:.Y Wil ' I. S±JYDER
rv.' i� P.A.
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