HomeMy WebLinkAboutCity of Tamarac Resolution R-91-197Temp. Reso.#6168
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-91-j_�_7
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF TAMARAC AND JEFFREY L. BBRKMWITZ,
TRUSTEE, REGARDING THE OLD PUBLIC WORKS SITE;
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 Jeffrey L. Berkowitz, Trustee, regarding the old
public works site and that agreement is attached hereto as
"Exhibit 1".
SECTION 2 : This Resolution shallbecome effective upon
adoption.
PASSED, ADOPTED AND APPROVED this ay of1991 .
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY t I have
approved this R SOLU ON as
to f or�a-: �-1
CITY ATTORNEY
351 berkowitz2
NORMAN ABRAMOWITZ
MAYOR
C)F COLJNC, VOTE
MAYOR
i'a.0 7
0
October 2, 1991
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321
Re: Lease Agreement between Jeffrey >r,,. Berkowitz, Trustee and the City
of Tamarac for propeM located at the corner of Commercial
Boulevard and Pine Island Road (the "Lease")
.
Gentlemen:
This letter shall confirm the following agreement between ourselves:
1. The Lease Agreement is terminated as of October 2, 1991. It is agreed that
the reconciliation statement contemplated by subparagraph 3(A) of the Lease is waived by
both of us. However, you acknowledge your obligation to pay all Taxes (as defined in the
Lease) attributable to the Premises (as defined in the Lease) for the period January 1,1991
through October 2, 1991 and to pay rent of $950,00 (plus sales tax).
2. In lieu of presentment of an invoice to you now for payment of these Taxes,
you have agreed to the following to assure the undersigned of your payment of the Taxes:
(a) The estimated amount of Taxes for the calendar year 1991 is
$38,998.44 of which your share will be $ 2 9 , 3 7 6.3 6 (the "Estimated Tax
Payment").
(b) Under the terms of the Purchase and Sale Agreement pursuant to
which the Lease was executed and delivered (the "Purchase Agreement"), the
undersigned has delivered the sum of S85,000.00 (the "Phase II Deposit") in escrow
to Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A. (the "Escrow
Agent") as a deposit on account of the Phase 11 purchase price under the Purchase
Agreement. In consideration for your agreeing that the amount of the Estimated
Tax Payment shall continue to be held in escrow to assure payment of your share
of the Taxes, the undersigned shall acknowledge that it will not be closing upon the
Phase II Property in accordance with the terms of the Purchase Agreement and
shall direct the Escrow Agent to release to yourselves the Phase II deposit, less (i)
the Estimated Tax Payment and (ii) $950.00 plus sales tax (for October rent).
(c) Upon the tax bill for the Premises being finalized, any excess between
the amount Estimated Tax Payment and your share of taxes shall be turned over
t 'd &0s1I 1661'Z '01 R77t,—TJI^_nnr +— „—
1
City of Tamarac
October 2, 1991
Page 2
Q�111 I rl--�,-l::�C►
to you, and any deficiency shall be immediately be due and payable from you, In
addition, immediately upon the tax bill becoming final, the FAaow Agent is
authorized to release the Estimated Tax Payment immediately to myself or as I may
direct, except for any excess due to yourselves. During the term that the Escrow
,agent is holding the Estimated Tax Payment, said escrow shall be subject to the
applicable terms and conditions of the Purchase and Sale Agreement regarding the
duties and obligations of the Escrow Agent.
If the foregoing meets with your approval, would you kindly indicate your agreement
by signing where indicated below.
Very truly yours,
JEFFREY L BERKOWrM TRUSTEE
Accepted and agreed to:
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