Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-86-124I t 1 3 4 5 s 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Introduced by: olltl CITY OF TAMARAC RESOLUTION NO. A RESOLUTION APPROVING AND AGREEMENT WITH FLORIDA NA DEVELOPMENT ENTERPRISES, DEVELOPMENT OF THE PROPOSED AND PROVIDING -AN EFFECTIVE BE IT RESOLVED BY THE COUNCIL OF T SECTION 1: That the Tri- National Bank and Oxford Developme ing to development of the proposed APPROVED and accepted, a copy of s hereto as Exhibit "l". SECTION 2: The appropria authorized to execute said Agreeme SECTION 3: The City Clerk i directed to record said Agreeme Broward County, Florida. SECTION 4: This Resolutio adoption. PASSED, ADOPTED AND APPROVED this ATTEST: CITY JtLERK I HEREBY CERTIFY that I have approved the form and correct- ness of his ION. A NEY Temp. Reso. #4082 , FLORIDA R-86- ACCEPTING A TRI-PARTY TIONAL BANK AND OXFORD INC. PERTAINING TO SPRING HOUSE PROJECT; DATE HE CITY OF TAMARAC, FLORIDA: Party Agreement with Florida nt Enterprises, Inc., pertain - Spring House project is HEREBY aid Agreement being attached to City officials are hereby nt on behalf of the City. s hereby authorized and nt in the public records of n shall become effective upon Ijay of dL111 C- 1986. MAYOR RECORD OF COUNCIL VOTE MAYOR: HART [tom DIST. 1: C/W MASSARO DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMAN ` �r DIST. 4: V/M STEIN �_ �6- /0z � TR )ARTY AGREEMENT (SABAL) THIS TRI-PARTY AGREEMENT ("AGREEMENT") entered into by and between FLORIDA NATIONAL BANK, a national banking association ("FNB"), TAMARAC-OXFORD LIMITED PARTNERSHIP, a Maryland limited partnership qualified in Florida ("OXFORD") and CITY OF TAMARAC, a municipal corporation of the State of Florida. ("TAMARAC"). R E C I T A L S : OXFORD DEVELOPMENT ENTERPRISES, INC., an Indiana corporation, and SABAL PALMS GOLF CLUB, INC., a Florida corporation entered into a Land Purchase and Sale Agreement dated June 28, 1985, and which Land Purchase and Sale Agreement was amended on September 25, 1985, January 23, 1986 and March 21, 1986. The Land Purchase and Sale Agreement and Amendments thereto are collectively referred to herein as the "PURCHASE AND SALE AGREEMENT." The PURCHASE AND SALE AGREEMENT provides for the purchase and sale of the real property described on Exhibit "A," which real property is located within the City of Tamarac, Broward County, Florida. The PURCHASE AND SALE AGREEMENT has been assigned by OXFORD DEVELOPMENT ENTERPRISES, INC., an Indiana corporation, to OXFORD pursuant to an Assignment <=171 of Agreement dated ho-y-11 14 , 1986. OXFORD has applied to TAMARAC for both i or the development of the real property described site plan and plat approval f on Exhibit "A." If TAMARAC approves the site plan and plat submitted by OXFORD for the real property described on Exhibit "A," then certain fees must be paid to TAMARAC. OXFORD has requested FNB to loan it the sum of d 176,J-00'02 .IF - 4<MDOLLARS ($ which OXFORD will deposit or cause FNCto deposit P11 with TAMARAC as the monies due TAMARAC for the fees required by TAMARAC for the site plan and plat approval of the real property described on Exhibit "A." -i FNB is willing to loan OXFORD it. DOLLARS ($ Mroo.po_) subject to the I oan commitment and loan documents between FNB and OXFORD for the monies due TAMARAC for the fees herein described, subject, however, to the terms and conditions of this AGREEMENT. 1 NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, as well as other good and valuable consideration, receipt of which is acknowledged by the parties hereto, the parties hereto agree as f 011 Ows: 1. The above recitals and the Exhibits attached hereto are true and correct. 2. The execution of this Agreement by TAMARAC pursuant to Resolution No. 86- does not violate TAMARAC's charter, laws, ordinances or any other laws applicable hereto. 3. OXFORD represents and warrants to FNB that it has taken all neces- sary action pursuant to its Articles of Limited Partnership, the laws of Maryland, the laws of Florida, as well as any other applicable laws for the authority to enter this AGREEMENT. The execution of this AGREEMENT by OXFORD or its corporate general partner does not violate any existing mortgage, indenture, contract or agreement which would conflict with or in any way pre- vent the execution, delivery and carrying out of the terms of this AGREEMENT by OXFORD. 4. TAMARAC agrees with FNB and OXFORD that the fees described on Exhibit "B" attached hereto and made a part hereof are required to be paid to TAMARAC for the site plan and plat approval for the real property described on Exhibit "A." 5. OXFORD represents and warrants to FNB that it will not transfer, conv I ey or assign any of its rights in the PURCHASE AND SALE AGREEMENT, the real property described on Exhibit "A," or in this AGREEMENT until the monies deposited hereunder by FNB have been returned to FNB by TAMARAC as required herein, and OXFORD has otherwise repaid the sum of -_ -.f DOLLARS (s 1-76J-00.0 ), together with accrued but unpaid interest, if any, thereon to FNB in accordance with the loan documents under which OXFORD g! DOLLARS ($P76JT0',- borrowed the principal sum of S-76 S700-01) from FNB. 6. If FNB discovers or determines that OXFORD has sold, assigned, con- veyed or transferred its rights in the real property described in Exhibit "A," the PURCHASE AND SALE AGREEMENT . or this Agreement, then, upon notice to TAMARAC, TAMARAC agrees that it shall immediately return to FNB the sum Of DOLLARS ($ (0 )01 Y E7 A �4 e- g - 1,2- � notwithstanding anything contained in the PURCHASE AND SALE AGREEMENT, this AGREEMENT or any other loan documents existing between FNB and OXFORD to the contrary. OXFORD specifically agrees that no further consent or permission of WORD is necessary for the return of the monies to FNB pursuant to this para- graph. If funds are returned to FNB by TAMARAC, the approved site plan and plat shall automatically be null and void. 7. Both OXFORD and TAMARAC agree with FNB that if OXFORD does not acquire the real property described on Exhibit "A" on or before aq"- 1986, then all monies deposited hereunder by FNB shall be returned to FNB immediately, notwithstanding anything contained in the PURCHASE AND SALE AGREEMENT, this AGREEMENT or any loan documents existing between FNB and OXFORD to the contrary. No further consent or permission of OXFORD to the demand by FNB pursuant to this paragraph for the return of the monies is necessary or required. 8. NOTICES. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered (including by means of professional messenger service) or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the date of receipt thereof. To FNB: FLORIDA NATIONAL BANK ATTN: MORTGAGE LOAN DEPARTMENT 100 N.E. 3rd Avenue Ft. Lauderdale, Florida 33301 Copy to: GOLDBERG, YOUNG & BORKSON, P.A. ATTN: PAUL YOUNG, ESQ. 1630 North Federal Highway Ft. Lauderdale, Florida 33305 To TAMARAC: City Manager CITY OF TAMARAC City Hall 5811 N.W. 88th Avenue Tamarac, Florida 33321 Copy to: City Attorney CITY OF TAMARAC City Hall 5811 N.W. 88th Avenue Tamarac, Florida 33321 To OXFORD: I -Z C' �6FVIC;jc Z' a Copy to: RUDEN, BARNETT, MCCLOSKY, SCHUSTER & RUSSELL, P.A. ATTN: SCOTT J. FUERST, ESQ. 1 Corporate Plaza, Penthouse B 110 East Broward Blvd. Ft. Lauderdale, Florida 33302 K 9. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida and shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, FNB has caused this AGREEMENT to be executed on the -Z3 day of 1986. --V WITUSSES: STATE UF FLORIDA COUNTY OF BROWARD FLORIDA NATIONAL BANK, a national banking association 7 By: President it sl,'Vl c e The foregoing instrument was acknowledg d and sworn to before me this al day of 1986, b) -.-. - N'14v- — , Vice President oT—FLORIDA NXrrUNAU---BANK, a national banking association, on behalf of the association. My commission expires: rorArY RUMC, MfE OF FLOR15-A—AT LARGE (Notary Seal) 140YARY PV811C STATf OF FLORIDA PAY COIAM151�10N IXF NOV 9 1987 19"DID IHRU GEN 4NMANCE UND IN WITNESS WHEREOF, TAMARAC has caused this AGREEMENT to be executed on the day of 1986. WITNESSES: STATE OF FLORIDA COUNTY OF BROWARD CITY OF TAMARAC '46"By mayor Attest. City Manager Attest. Approved as to Form: The foreguAng instrument was backno)iledged and .�worn to befue me this day of U .,1986, Y 7--, as the Mayor, Ci'iy Manq$er and /and ration of Ci ty Clerk, respectively, oYthe Ully L r TAMARAC, a municipal corpo the State of Florida, to be known to be the Mayor, City Manager and City Clerk of said corporation, who executed the foregoing for the purposes herein expressed. 40111A �AL RGE NA�UBLIC, fATE UF FLURIUA Al L My commission expires: (Notary Seal) [ -I E $94fVT ft&—IC STA-E Of FUR7DA 0 CONW36M UP JM 20. 1988 "ke.- M GENX64L IRS. I'Mo. 4 "Op , g 6 - /z, � U 0 0 IN WITNESS WHEREOF, OXFORD has caused this AGREEMENT to be executed on the day of &41Z— . . _, 1986. WITNESSES: TAMARAC-OXFORD LIMITED PARTNERSHIP, a Maryland limited partnership, qualified in the State of Florida BY: OXFORD EQUITIES CORPORATION, an Indiana corporation, authorized to do business In the State of Florida (General Partner) By: &AAKWA ts vits fizm STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged anid sworn 4e y to before me this day of 1986, bys�v A28AWA6�"v e & — V-2RFORD EQUITIES COVPRORATION, an Indiana corporation, authorized to do business in the State of Florida, a General Partner of TAMARAC-OXFORD LIMITED PARTNERSHIP, a Maryland limited partnership qualified in the State'of Florida, on behalf of the corporation. My commission expires: 140YARY PUBLIC STATE OF FLORIOX MI ComwsstoN 9XP NOY 9 198, pONDED 1KRU G&N INSURANCE UND PY 6:vl/042186.3 'NOTARY PUBLIC, STATE OF FLORIDA AT LARGE (Notary Seal) EXHIBIT "All TO TRI-PARTY AGREEMENT DESCRIPTION: (SABA'") � A PORTION OF "TRACT 13" OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 9=912 - CING AT THE SOUTHWEST (SW) CORNER OF SAID SECTION 12, THENCE S 89009'2511 E ALONG THE SOUTH LINE OF SAID SECTION 12 A DISTANCE OF 53.01 FEET; THENCE N 00*13145" W A DISTANCE OF 489.16 FEET TO THE POINT QF-UrUNNING; THENCZ CONTINUE N 00*1314511 W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF ROCK ISLAND ROAD (53.00 FOOT 1/2 RIGHT-OF-WAY) A DISTANCE OF SZ5.85 FEET; THENCE S 89*09'2511 E A DISTANCE OF 60o.00 FEET; THENCE S 0001314511 E A DISTANCE OF 334.45 FEET TO A POINT LYING ON A CIRCULAR CURVE TO THE RIGHT, SAID CURVE ALSO BEING THE WESTERLY LINE OF "MAINLANDS OF TAMARAC LAKEs SEVENTH SECTION" AS RECORDED IN PLAT BOOK 68, PAGE 4, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A ItADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 57-22103 H , FOR AN ARC DISTANCE OF 120.15 FEET; THENCE s 00*13'4511 E A DISTANCE OF 805.3f FEET TO A POINT LYING ON THE NORTHERLY LINE OF A 120.00 FOOT RIGHT-OF-WAY KNOWN AS WEST COMMERCIAL BOULEVARD; THENCE N 89*09'25" W ALONG SAID NORTHERLY L.INE A DISTANCE OF 300.00 FEET. THENCE N 00"13'4511 W A DISTANCE OF 203.00 FEET; THENCE N 89009'25" W A DISTANCE OF 183.00 FEET TO A POINT LYING ON TEE EASTERLY RIGHT-OF-WAY LINE OF A 100-00 FOOT FLORIDA POWER & LIGHT EASEMENT AS RECORDED IN O.R. BOOK 822, PAGE 453 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE N 00*13'45" W ALONG THE EASTERLY LINE OF SAID RIGHT-OF-WAY A DISTANCE OF 224-15 FEET; THENCE N 89009'25" W A DISTANCE OF 117.00 FEET TO THE P-OINT-OF-BIGINNTEG. SAID LANDS -siTuAT.E Ly:rNG XM BEING IN BROWARD COUNTY, FLORIDA. CONTAINING 15-244 ACRES, MORE OR LESS. NORTH pRoicer $Ire 4L a erv, a PWROTW 7 Z,0C,q7'10A1 SK17CH SECrIOA) 12--Of -*/ (Ajor To SCALZ) EXHIBIT B TO TRI-PARTY AGREEMENT (SABAL) City Park Fees $102,870-00 Water and Sewer Contribution Fees 322,834.00 Storm Water Retention Fees 26,677.00 Drainage Impact Fees 1,981.72 140