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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-060I 2 3 4 5 6 3:1 33 34 1 35 Temp. Reso. #5343 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--89- 60 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY PERTAINING TO THE TAMARAC MULTI -PURPOSE RECREATIONAL CENTER; AND PROVIDING 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 with the School Board of Broward County pertaining to the Tamarac Multi - Purpose Recreational Center, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This Resolution shall become effective upon adoption. pt" PASSED, ADOPTED AND APPROVED this l-6' day of /�t" , 1989. r ATTEST: 4 imm� & NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DOOD CITY ATTORNE RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ ...... DISTRICT 1: C/M ROHR DISTRICT 2: V/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4 C/M BENDER AGREEMENT THIS AGREEMENT entered into this day of , 1989 by and between the School Board of Broward County, Florida, hereinafter referred to as "SCHOOL BOARD" and the City of Tamarac, a political subdivision of the State of Florida, hereinafter referred to as "CITY"; W I T N E S S E T H WHEREAS, the CITY has approved the funding for the construction of a Multi -Purpose Recreational Center; and WHEREAS, the SCHOOL BOARD and the CITY actively support and endorse the concept of providing a Multi -Purpose Recre- ational Center; and WHEREAS, the exchange of land herein described will be of mutual benefit to both parties; NOW, THEREFORE, in consideration of $1.00 and other valuable considerations and the covenants set forth herein, receipt of which is acknowledged by the Parties and the conditions set forth herein, the Parties agree as follows; 1. The BOARD agrees to convey said real property as described in Exhibit "A" to CITY within sixty (60) days of this Agreement. -1- 7R-89-60 2. CITY agrees to convey to SCHOOL BOARD the property as described in Exhibit "B" contemporaneously with SCHOOL BOARD conveyance as set forth in the foregoing paragraph. 3. In consideration of the conveyance of said real. • property by SCHOOL BOARD to CITY, the CITY agrees to the following stipulations: A. Prior to the commencement of construction of any facility on said real property, the CITY shall submit plans therefor to the SCHOOL BOARD for approval. B. Upon completion of said facility, the CITY will enter into a lease agreement with SCHOOL BOARD of not less than 50 years. • C. -The lease would stipulate the times of opera- tion and administration of the facility. Unless otherwise agreed by the parties, the SCHOOL BOARD's use of said facility would be not less than the hours of operation of Tamarac Elementary. 4. The Parties agree to convey marketable title to their respective properties. The Parties shall, within ten (10) days of this Agreement, provide the other Party with an abstract of title as proof of the marketability of the respective properties. Each Party shall notice the other of deficiencies in marketability of title within thirty (30) -2- days of the date of receipt of the abstract. in the event either party finds the respective title to the property to be acquired not marketable, then the . granting party shall have sixty (60) days from the date of this Agreement to correct such title deficiencies to make the property marketable. Upon failure to do so, the receiving party shall have the option to declare the agreement null and void or except the title as is. 5. Closing on the mutual conveyances shall take place within sixty (60) days of the date of this Agreement. 6. Each party will pay such Documentary Stamps upon the deed delivered as are necessary for recording. 7. CITY will hold SCHOOL BOARD harmless from all real • property taxes and assessments from the property conveyed by the CITY. 8. Terms, conditions, convenants and promises set forth herein shall survive the closing and shall not be merged therewith. 9. The conveyances of the property shall be by statutory Warranty Deed. M9M R,Y9-60 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates under each signature; THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA signing by and through its Mayor and Superintendent, duly authorized to execute same and THE CITY OF TAMARAC, FLORIDA signing by and through its Mayor and City Manager, duly authorized to execute same. Signed, sealed and delivered C, Ra c /4, a✓AIVS, G 17y c CC-e;C Approved as to form: 'op G-'A �fl� City Attorney Signed, sealed and delivered in th presence of: 7 Approved as to form: Board's Attorney REC.CENTER 2181030289/t W4a CITY OF TAMARAC, FLORIDA i By: j MAYO A 04 4VJ uJt Attest o,aN K THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA By: Donald Sam" , Chairperson A t t e By: virgil Morgan, Superintendent E C� .00 N. E. 3RD AVENUE McIAUGHIIN ENGINEERING CO. FORT LAUDCIIDA". FLORIDA ENGINEERS - SURVEYORS SKETCH AND DESCRIPTION m:el SHEET 1 of 2 A portion of Tract 16, of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 4, Township 49 South, Range 41 East, according to the plat thereof, as recorded in Plat Book 4, Page 31, of the public records of Broward County, Florida, being more particularly described as follows: Commencing at the Southeast corner of said Section 4; thence North 00 12' 16" West, along the East line of said Section 4, a distance of 3264.10 feet; thence South 891, 47' 44' West, a distance of 60.0 feet to a point on the West right-of-way line of University Drive (120 foot right-of-way); thence continuing South 890 47' 44" West, a distance of 680.00 feet; thence South 00 12' 16" East, a distance of 85.00 feet; thence South 120 51' 08" East, a distance of 431.86 feet to a point of curve; thence Southerly and Easterly, along the arc of circular curve to the left with a central angle of 10 44' 22", a radius of 600.00 feet, an arc distance of 18.21 feet to the Point of Beginning; thence continuing Southeasterly along the arc of said curve, with a central angle of 70 22' 08", a radius of 600.00 feet, an arc distance of 77.17 feet; thence North 890 47' 44" East, a distance of 324.39 feet; thence North 00 12' 16" West, a distance of 186.50 feet; thence South 890 47' 44' West, a distance of 207.00 feet; thence South 00 12' 16" East, a distance of 113.19 feet; thence South 890 47' 44" West, a distance of 141.31 feet to the Point of Beginning. Said land situate, lying and being in the,City of Tamarac, Broward County, Florida, and containing 48,152 square feet, or 1.1054 acres, more or less. Certified correct. Dated at Fort Lauderdale, Florida, this 21st day of February, 1989. NOTES: 1) THIS IS NOT A SURVEY 2) Thi abstracted for easements, reservations or record, by McLaughlin Engineering Co. 3) prepared by McLaughlin Engineering Co., this February, 1989. 4) Bearings shown hereon bearing of North 09 12' 16" West, along the Section 4, Township 49 South, Range 41 East Mc LAUGHLIN ENGINEERING COMPANY Robert C. Mc Laughlin _ Registered Land Surveyor No.3356 State of Florida. s property was not rights -of -way of Legal description 21st day of refer to an assumed East line of said "NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL" c/d/e Q-1517.des N FIELD BOOK No. JOB ORDER No. 4 -- `7 / 7' DRAWN BY CHECKED BY r� c ' • 400'N. E. 3RD AVENUE FORT LAUOLRDAL[• FLORIDA o INDICATES MARKERS SCALE: I = / 0 0' McLAUGHLIN ENGINEERING CO. ENGINEERS. SURVEYORS SKETCH AND DESCRIPTION A portion of Tract 16, of FORT LAUDER- DALE TRUCK FARMS SUBDIVISION of Section 4, Township 49 South, Range 41 East, according to the plat thereof, as recorde in Plat Book 4, Page 31, of the public records of Broward County, Florida, being more particularly described on Sheet 2 of 2. s/VEET P of Z l//C/N/rY MAC r. s. 99. 4 7' 44 "W r. BQ 00' Ip v I � h v W 0 h N Iy S. dJ'47'4I H/• �D7OP' . D' h • 2 P IhAt R -Goo- Dv' dj 7•?Z'08" A- 77. /7' N. d 9.47' 44'E 9 Z 4. 39' 449400, x". eafw'e McLAUGHLItLENGINEERING CO. Robert C. McLaughlin Registered Land Surveyor No. 3356 State of Florida "Not Valid Unless Sealed with an embossed Surveyors Seat" MELD BOOK No. DRAWN BY S JOB ORDER No. Q 1517 CHECKED BY