HomeMy WebLinkAboutCity of Tamarac Resolution R-84-0911
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Introduced by L�& Temp. Reso. #3022
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-84-4?1
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO ENTER INTO A CONTRACT
WITH FLORIDA POWER AND LIGHT COMPANY FOR
PURCHASE AND SALE OF CITY -OWNED LANDS ON
THE NORTH SIDE OF SOUTHGATE BOULEVARD EAST
OF NORTHWEST 88 AVENUE TO BE USED FOR
ELECTRICAL UTILITY SUBSTATION PURPOSES;
AND PROVIDING AN EFFECTIVE DATE.
SECTION 1: That the appropriate City officials are
hereby authorized and directed to enter into a contract with Florida
Power and Light Company for purchase and sale of City -owned lands
on the north side of Southgate Boulevard east of Northwest 88 Avenue
to be used for electrical utility substation purposes, a copy of
said contract being attached hereto as Exhibit "A".
SECTION 2: This Resolution shall become effective
immediately upon adoption. PASSED, ADOPTED AND APPROVED thisp7g'r��day of , 1984.
ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this Res lution.
"'--) Cn
MAYOR:
C'�t!'�'/ ATTORNEY DISTRICT
✓/ DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
OU
A if
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March 14, 1984 Draft
Rev. March 23, 1984
Rev. March 27, 1984
THIS CONTRACT, made this day of ,
1984, by and between the CITY OF TAMARAC, a municipal corpor-
ation existing under the laws of the State of Florida (the
"Seller"), and FLORIDA POWER & LIGHT COMPANY, a Florida
corporation (the "Buyer"), provides:
For and in consideration of the mutual covenants
hereinafter set forth and other good and valuable consider-
ation, the receipt of which is mutually acknowledged, Seller
hereby agrees to sell, and Buyer hereby agrees to purchase,
the following described real estate (the "Property"):
All that certain parcel of land together
with all rights and appurtenances thereto
belonging, lying and being in Broward
County, Florida, and more particularly
described and shown as containing 2.8926
acres on a Boundary & Topographic survey by
Biscayne Engineering Co., Sunrise, Florida,
dated September 28, 1983, File No.
DC-110-73, a copy of which is attached
hereto as Exhibit "A" as a part hereof.
The terms and conditions of this Contract are as
follows:
1. Purchase Price. The total purchase price for
the Property shall be $ 114.000.00. The purchase price does
not include any site plan review fees, building permit fees,
impact fees or any other fees established by the Code of the
Seller or Broward County which may be assessed during
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the development of the Property. The purchase price is
payable as follows:
(a) $ 85.500.00 (the Deposit) on the signing
of this Contract, in cash or by Buyer's check, receipt
whereof is hereby acknowledged by Seller. The Deposit shall
be held in escrow by Seller subject to the terms of this
Contract. The Deposit shall be applied to the purchase price
at closing or shall be refunded to Buyer as provided
hereinafter.
(b) The balance of the purchase price in the
amount of $ 28.500.00 shall be paid at closing, in cash or
by Buyer's check.
2. Closing. Closing shall be held in the offices
of Seller at 5811 N.W. 88th Avenue, Tamarac, Florida, on or
before the date 30 days after the satisfaction or waiver of
the conditions set forth in paragraph 8 hereof, unless ex-
tended by other provisions of this Contract. At closing
Buyer shall pay to Seller the balance of the purchase price
and Seller shall simultaneously deliver to the Buyer a
Special Warranty Deed in form reasonably satisfactory to
counsel for Buyer conveying to Buyer, title to the Property,
and the other closing documents provided for herein. Buyer
shall pay for documentary stamps on the deed and for
recording of the deed. Seller shall pay for the recording of
any other instruments necessary to clear the title to the
Property.
3. Possession . At closing Seller will deliver
possession of the Property to Buyer free of all eases, tenan-
cies or occupancies, together with an affidavit executed by
Seller in customary form to the effect no other parties are
entitled to possession of the Property.
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4.
(a) Seller shall convey to Buyer, and Buyer
shall be entitled to receive, good and marketable fee simple
title to the Property free and clear of all liens,
encumbrances, easements, restrictions and other conditions,
except those as Buyer at its option, may accept.
(b) Buyer shall be responsible for obtaining
an abstract or the issuance of a title insurance commitment
at the expense of Buyer from an insurer of Buyer's choosing.
If said title insurance commitment or abstract discloses any
title conditions not acceptable to Buyer or that title is not
as otherwise required by this Contract, Buyer may within QQ
days of this Contract notify Seller of such title objections.
If there are any title objections, Seller shall have one
hundred twenty (120) days from receipt of notice of such
title objections within which to cure the same. Seller shall
use diligent efforts to cure any and all title objections.
Not withstanding the foregoing, Seller agrees to reimburse
Buyer for cost of obtaining an Abstract up to $500, where
such costs are incurred directly from an abstract company or
from a title insurer.
(c) If Seller is unable to convey title or
cure any title objections in accordance with the provisions
of this Contract, Buyer may (a) terminate this Contract,
whereupon the Deposit shall be refunded to Buyer and Buyer
and Seller shall be released of all further obligations
hereunder or (b) accept such title as Seller may be able to
convey and enforce its remaining rights hereunder.
5. Clos* Proceduxg. The Deposit and the
balance of the purchase price to be paid at closing shall be
held in escrow by Seller until such time as the deed has been
recorded and the final title policy has been issued and
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delivered to Buyer by the title insurer, which policy shall
contain no exceptions to title except those contained in the
title insurance commitment and which have been approved by
Buyer as provided in this Contract. Buyer shall notify
Seller of any changes or defects of title disclosed by the
title insurer's continuation of title and not acceptable to
Buyer within five (5) days of receipt thereof whereupon
Seller shall have thirty (30) days from the date of such
notification to cure such defects. In the event Seller does
not timely cure said defects, at the Buyer's option, the
Deposit and balance of the purchase price shall, upon written
demand therefore, be immediately returned to Buyer and
simultaneously with such repayment Buyer shall reconvey the
Property to the Seller by special warranty deed in the same
condition that it was when conveyed to Buyer. In the event
of any such reconveyance, the cost for any documentary
stamps, surtax, other expenses and recording fees paid or
incurred by Buyer in connection with recording of the deed
shall be reimbursed by Seller to Buyer at the time of the
reconveyance.
6. Risk of LOSS. All risk of loss or damage to
the Property as a result of the exercise of the power of
eminent domain or by reason of any casualty or loss shall
remain on Seller until closing. In the event that any
condemnation proceedings are instituted or threatened to be
instituted, or in the event of any other loss or damage to
the Property, Buyer may either (a) terminate this Contract
and its obligations hereunder, whereupon the Deposit shall be
returned by Seller to Buyer, and Buyer and Seller shall be
released of all further obligations hereunder, or (b) elect
to close in accordance with this Contract upon payment of the
balance of the purchase price less the net proceeds actually
collected by Seller as a result of any condemnation award,
sale or loss, in which event Seller shall assign to Buyer all
of Seller's right to any future or additional payment as a
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result of such loss, or to any future award payable to the
owner of the Property pursuant to such condemnation or
eminent domain proceeding, as the case may be.
7. Access. At any time following the acceptance
of this Contract by Seller, Buyer shall have the right to go
upon the Property for the purpose of inspecting the Property
and having the Property surveyed.
8. zoning.
(a) Seller acknowledges that Buyer is pur-
chasing the Property as a site for an electrical substation,
that such use is currently not permitted under the applicable
zoning regulations and that certain other requirements and
conditions, such as platting requirements and amending
certain land use plans, must be satisfied before Buyer can
use the Property for such purpose. Buyer shall have one year
from the date specified below within which to attempt to
obtain whatever zoning changes, variances, exceptions, cert-
ifications, permits or approvals from the applicable local
governmental unit(s) which are necessary, in Buyer's
judgment, to legally make such use of the Property. Such
zoning processes shall be at Buyer's expense. Seller shall
cooperate in the prosecution of the application(s) and
execute any owner consents required by the application
procedures.
(b) Buyer shall have 120 days from the date
specified below to satisfy itself that all other approvals,
permits and authorizations of any kind which may be required
to be obtained from any regional, state or federal govern-
mental authority for such use, if any, are reasonably
obtainable by Buyer without any unusual conditions being
imposed upon Buyer in connection therewith.
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(c) If the above conditions set forth in this
paragraph are not satisfied within, the times specified,
Buyer may, at its option, either (i) terminate this Contract
and its obligation to purchase the Property, whereupon Seller
shall return the Deposit to Buyer and Buyer and Seller shall
be released of all further obligations hereunder, or (ii)
waive any of the aforesaid conditions and enforce all of its
remaining rights under this Contract.
(d) Upon Seller's approval and acceptance of
this Contract pursuant to paragraph 10 hereof, Buyer shall
proceed in good faith to accomplish the satisfaction of the
above conditions and, in addition, Buyer agrees to submit an
application to the appropriate governmental agency for re-
zoning to R3 of certain other property owned by Buyer and
more particularly described in Exhibit B attached hereto.
9. Notices. All notices hereunder shall be sent
by registered or certified mail, postage prepaid, addressed
to the parties as follows:
To Seller: City of Tamarac
Attn: City Manager
5811 N.W. 88th Avenue
Tamarac, Florida 33321
To Buyer: Mr. T.E. Taylor
District General Manager
North Broward District Office
Florida Power & Light Co.
1982 North State Rd. 7
Margate, Florida 33063
10. Approval and Acceptance . It is understood
that this Contract cannot be accepted by the City Council for
Seller until certain conditions in Section 2-9.1 of the City
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Code for Seller have been satisfied. Further, this Contract
must be approved and accepted by the City Council for Seller.
A certified copy of the duly adopted resolution (authorizing
the proper City officials to execute this Contract) and this
Contract properly executed by Seller shall be delivered to
Buyer within thirty (30) days from the date of this Contract.
At the same time Seller's counsel will deliver an opinion to
the effect that such resolution was authorized and duly
adopted, that all conditions to such resolution were properly
complied with, and that Seller and the individuals named in
said resolution are duly authorized to execute and deliver
this Contract and the deed and other closing documents on
behalf of Seller under the laws of Florida as provided for
herein. If this Contract is not so approved and accepted by
Seller and such resolution and this Contract executed by
Seller delivered to Buyer within such time period, the
Deposit shall be returned to Buyer by Seller and this
Contract shall thereupon become null and void and of no furt
her force and effect.
11. Liens . Seller shall furnish to Buyer at
closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any security interest or
liens, claims of lien or potential lienors known to Seller
and further attesting that there have been no improvements to
the'Property for (90) days immediately preceding the closing.
Certified, confirmed and ratified special assessment liens as
of the closing are to be paid by Seller. Pending special
assessment liens for improvements as of the closing shall be
assumed by Buyer, provided, however, that where the
improvements have been substantially completed as of the date
of this Contract, such pending liens shall be considered as
certified, confirmed or ratified and Seller shall, at the
Closing, be charged an amount equal to the last estimate by
the applicable authority of the assessment for the
improvement. Seller represents that it is not aware of any
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liens, including pending or special assessment liens, on the
`Property.
12. Development Criteria. Development of Buyer's
electrical substation shall comply with all applicable City
ordinances in effect at the time permits are requested. The
Buyer and Seller agree that no dwelling units presently exist
on the Property nor will any dwelling units be transferred
onto the Property without the consent of Seller.
(a) Site Plan. Buyer's site plan for the
Property must be reviewed by City staff and the City Planning
Commission, and approved by the City Council before any
permits are issued.
(b) Landscaping Pan . Buyer's landscaping
plan for the Property must be reviewed by City staff and the
City Beautification Committee, and approved by City Council,
before any permits are issued. It is agreed that the devel
opment of the property shall be extensively landscaped
although the details of the landscaping plan shall be
specifically approved at a later date before the issuance of
any permits.
(c) Water Supply and Sewer Disposal Service.
It is agreed that the buyer must enter into a separate
agreement with Seller for necessary water supply and sewer
disposal services for the Property before the approval by
Seller of Buyer's site plan. Those services shall be
supplied at the prevailing rates at the time of that
contract. Nothing in this paragraph is intended to preclude
Buyer from installing and using a septic tank instead of
hooking up to the Seller's sewer system, provided proper
permits and approvals are obtained from any regulatory
agencies involved.
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(d) Rerouting catch Basins_ Buyer acknow-
ledges that two (2) catch basins exist at the curb on
Southgate Boulevard that drain through the Property to the
C-14 Canal. Buyer agrees to reroute the drain pipes con-
nected to these two catch basins, at Buyer's expense. Plans
for these drainage lines shall be approved by Seller before
building permits are issued for the Property. The work must
be accomplished by Buyer before any final inspections are
completed and certificate of occupancy issued for use of the
substation improvement on the Property.
13. Real Estate Broker's co fission. Seller and
Buyer represent and warrant to each other that there are no
real estate brokers involved in this transaction and each
party does hereby agree to indemnify and save the other
harmless from and against any and all loss or expense
(including without limitation, attorney's fees) that either
party may incur by reason of any claim or claims against the
other for a real estate broker's commission related to the
sale of the Property as contemplated by this Contract
resulting from the other party's acts. The provisions of
this paragraph shall survive the closing.
14. Further Assurances . Seller and Buyer agree
that at any time, and from time to time, before and after the
closing, they will on request of the other, execute and de-
liver such further documents and do such further acts and
things as such other party may reasonably request in order to
fully effectuate the purposes of this Contract.
15. LAX . This Contract shall be governed by and
construed in accordance with the laws of the State of Flo-
rida.
16. Non -Transferable. This Agreement shall not be
transferable by either of the parties to any third party.
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' 17. Time. Time is of the essence of this Con-
tract.
18. Default by Seller. If Seller breaches any of
its obligations, covenants, representations or warranties
contained in this Contract, the Deposit shall, at the option
of Buyer, be returned to Buyer by Seller on demand, provided,
however, Buyer shall not thereby wave any rights or remedies
it may have because of such default by Seller, including an
action for specific performance or for damages as a result of
Seller's breach.
19. Default by Buyer. In the event buyer breach-
es any of its obligations, covenants, representations or
warranties contained in the Contract, Seller may terminate
this Contract, whereupon the Deposit shall be returned to
Buyer, and Seller and Buyer shall be released of all further
obligations under this Contract, or Seller may proceed at law
or in equity to enforce its legal rights under this Contract.
20. Amendment of Contract . This Contract shall
not be amended or modified and no waiver of any provision
hereof shall be effective, unless set forth in a written
instrument authorized and executed with the same formality as
this Contract.
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IN WITNESS WHEREOF, the parties have entered into
this Contract as of the date first above written.
Signed, sealed and delivered
ATTEST:
ATTEST:
WITNESS
ITNESS
1018C031284/t
THE CITY OF TAMARAC
DATE � �X
DATE
Apj
By
FLORIDA POWER & LIGHT COMPANY
t tiL-
ByCt)ttl 4--j
DATE &L' C /-/ 2 91 / l &-
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EDIT "B"
OLD SITE—Sm•�Tf:o� Sm..7'A/G-4IE JU
EAGLE SUBSTATION PROPERTY DESCRIPTION
A portion of Tract 21 of Florida Fruit Lands Co. Subdivision No. 2 of
Section 33-Township 48S.-Range 41E., according to the Plat thereof recorded
in Plat Book 1, page 102 of the Public Records of Palm Beach County, Florida,
together with a portion of Tracts 3 & 4 of "Fort Lauderdale Truck Farms
Subdivision" of Section 4 - Township 49S. Range 41E, according to the Plat
thereof recorded in Plat Book 4 page 31 of the Public Records of Broward
County, Florida; all being more particularly described as follows:
Commencing at the S.W. corner of said Sec. 33; thence S 870 39' 57" E.
along the South line of said Sec. 33 a distance of 53.05 ft. to the Point
of Beginning of this description, thence S 00 09' 03" E a distance of
392.86 ft.; thence S 890 33' 35" E a distance of 400.0 ft.; thence N 00 09' 03" W.
a distance of 435.0 ft.; thence N 890 33' 35" W along the South Right of Way
line of Southgate Blvd & being a line 286.0 ft. South of and parallel with as
measured at -right angles to the South Right of Way line of the Central &
Southern Florida Flood Control District C-14 Canal, a distance of 400.0 ft'.
thence S 00 09' 03" E a distance of 42.14 ft to the Point of Beginning.
Said lands situate lying and being in Broward County, Florida.
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