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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-296Introduced by TAP • # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO: to F A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE EXECUTION OF AN OFFER TO PURCHASE A 40 ACRE PARCEL OF LAND IN LAND SECTION 7 FOR USE AS A MUNICIPAL SOD FARM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has operated a Sod Farm on - approximately 40 acres of land in Land Section 7 for several years and is _v- currently involved in a condemnation proceeding for use of said parcel; and WHEREAS, the Consulting Engineers for the City of Tamarac have indicated that it is more cost effective to continue the operation of the Sod Farm indefinitely; and WHEREAS, it would be in the best interest of the health, welfare and safety of the citizens of Tamarac to purchase the parcel at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City of Tamarac offer to purchase the said parcel of 40 acres, more or less, for a sum of $832,500.00. SECTION 2: That the appropriate officials of the City of Tamarac are authorized to execute the offer to purchase the attached hereto and made a part of. SECTION 3: That this Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND PTPROVED THIS day of 1984. ATTEST: ITY CLERK 7— I HEREBY CERTIFY that I have. approved the form and correctness RECORD OF COUNCIL VOTE MAYOR: KRA\1iTZ DISTRICT 4: V/M STE1N DISTRICT 3: C/M STELZER of DISTRICT 2: C/M MUNITZ DISTRICT 1:,C/M QUNNE UU OFFER TO PURCHASE The City of Tamarac, a municipal corporation, with offices at 5811 Northwest 88th Avenue, Tamarac, Florida, 33321, hereinafter called the "Buyer" and Richard C. Jones, Trustee, hereinafter called the "Seller" hereby agree that the "Seller" shall sell and the "Buyer" shall buy the following described property upon the terms and conditions herein- after set forth. 1. LEGAL DESCRIPTION of real estate located in Broward County, Florida. See attached as Schedule "A", a sketch and legal description of 40.00 acres, more or less. 2. PURCHASE PRICE is ................................. .$ 832,500.00 METHOD OF PAYMENT: Deposit ..................................... .......$ 150,000.00 The said deposit having been made to the Circuit Court in the condemnation proceeding which is currently pending therein. Receipt whereof is hereby acknow- ledged by the "Seller". TOTAL....................................... I......... 3. SPECIAL CLAUSES: Upon closing, the parties will dismiss the condemnation proceeding currently pending on a part of the premises to be conveyed. Each party to said suit to bear its own costs and attorneys fees. 4. This offer shall be null and void unless accepted, in writing, on or before October 15, 1984 5. CLOSING DATE: This Contract shall be closed and the deed and possession shall be delivered on or before the 1st day of January , 1985, unless extended by other provisions of this Contract or separate agreement. 6. EVIDENCE OF TITLE: The "Seller" shall, within days(17 banking days if this blank is not filled in), order for "Buyer" a complete abstract of title prepared by a reputable abstract firm purporting to be an accurate synopsis of the instruments affecting the title to the real property recorded in the Public Records of that county to the date of this Contract, showing in the "Seller" a marketable title in accordance with title standards adopted from time to time by the Florida Bar subject only to liens, encumbrances, exceptions or qualifications set OFFER TO PURCHASE forth in this contract and those which shall be discharged by "Seller" at or before closing. The abstract shall be delivered at least 15 days prior to closing. "Buyer" shall have fifteen (15) days from the date of receiving said abstract of title to • examine same. If title is found to be defective, "Buyer" shall, within said period, notify the "Seller" in writing, specifying the defects. If the said defects render the title unmarketable, the "Seller" shall have ninety (90) days from receipt of such notice to cure the defects, and if after said period "Seller" shall not have cured the defects, "Buyer" shall have the option of (1) accepting title as it then is, or (2) demanding a refund of all monies paid hereunder which shall forthwith be returned to the "Buyer" and thereupon the "Buyer" and "Seller" shall be released of all further obligations to each other under this Contract. 7. CONVEYANCE: "Seller" shall convey title to the subject property to "Buyer" by Statutory Warranty Deed subject to: (1) zoning and/or restrictions and prohibitions imposed by governmental authority; (2) restrictions, easements and other matters appearing on the plat and/or common to the subdivision; (3) taxes for the year of closing; (4) other matter specified in this Contract, if any. 8. SURVEY: The "Buyer", within the time allowed for delivery of evidence of title and examination thereof, may have said property surveyed at his expense. If the survey shows any encroachment on said property or that the improvements located on the subject property in fact encroach on the lands of others, or violate any of the covenants herein, the same shall be treated as a title defect. 9. PLACE OF CLOSING: Closing shall be held at the office of the "Buyer's" attorney or closing agent, if located within Broward County; if not, then at the office of "Seller's" attorney, if located within Broward County. 10. DOCUMENTS FOR CLOSING: "Seller's" attorney shall prepare deed, mortgage, mortgage note, bill of sale, affidavit regarding liens, and any corrective instruments that may be required in connection with perfecting the title. "Buyer's" attorney or closing agent will prepare closing statement. 11. EXPENSES: Abstracting prior to closing, State documentary stamps which are required to be affixed to the instrument of conveyance, the cost of recording any corrective instruments, intangible personal property taxes and the cost of recording the purchase money mortgage, if any, shall be paid by the "Seller." Documentary stamps to be affixed to the note or notes secured by the purchase money mortgage, if any, or required on any mortgage modification and the cost of recording the deed shall be paid by the "Buyer." 12. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated based on the current year's tax, if known. If the closing occurs at a date when the current year's taxes are not fixed, and the current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not available, then taxes will be prorated on the prior year's tax; provided, however, if there are completed improvements on the subject premises by January 1st of the year of closing, which improvements were not in existence on January 1st of the prior year, then the taxes shall be prorated - 2 - OFFER TO PURCHASE to the date of closing based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, requests will be made to the county tax assessor for an informal assessment taking into consideration homestead exemption, if any. However, any tax proration based on an estimate may, at the request of either party to the transaction, be subsequently readjusted upon receipt of tax bill and a statement to that effect is to be set forth in the closing statement. All such pro - rations whether based on actual tax or estimated tax will make appropriate allowance for the maximum allowable dis- count and for homestead or other exemptions if allowed for the current year. 13. ATTORNEY FEES AND COSTS: In connection with any litigation arising out of this Contract, the prevailing party whether "Buyer", "Seller" or Broker, shall be entitled to recover all costs incurred including reasonable attorneys fees for services rendered in connection with such litigation, in- cluding appellate proceedings and postjudgment proceedings. 14. DEFAULT: In the event of default of either party, the rights of the non -defaulting party and the Broker shall be as provided herein and such rights shall be deemed to be the sole and exclusive rights in such event; (a) If "Buyer" fails to perform any of the covenants of this Contract, all money paid or deposited pursuant to this Contract by the "Buyer" shall be retained by or for the account of the "Seller" as consideration for the execution of this Contract as agreed and liquidated damages and in full settlement of any claims for damages by the "Seller" against the "Buyer".(b) If "Seller" fails to perform any of the covenants of this Contract, all money paid or deposited pursuant to this Contract by the "Buyer" shall be returned to the "Buyer" upon demand, or the "Buyer" shall have the right of specific performance. In addition, "Seller" shall pay forthwith to Broker the full professional service fee provided for on the reverse side of .this Contract. 15. PERSONS BOUND: The benefits and obligations of the covenant herein shall inure to and bind the respective heirs, personal representatives, successors, and assigns (where assignment is permitted) of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 16. SURVIVAL OF COVENANTS AND SPECIAL COVENANTS: "Seller" covenants and warrants that there is ingress and egress to subject property over public or private roads or easements, which covenants shall survive delivery of deed. No other provision, covenant, or warranty of this Contract shall survive the delivery of the deed except as expressly provided herein. 17. FINAL AGREEMENT: This Contract represents the final agreement of the parties and no agreements or representations, unless incorporated into this Contract, shall be binding on any of the parties. Typewritten provisions shall supersede printed provisions and handwritten provisions shall supersede type- written and/or printed provisions. Such handwritten or - 3 - OFFER TO PURCHASE typewritten provisions as are appropriate may be inserted on the face of this form or attached hereto as an addendum, The date of this Contract shall be the day upon which it be- comes fully executed by all parties. WITNESS: Executed by Buyer on tea /� 19J?X- WITNESS: Executed by Seller on , 19 (SEAL) (SEAL) SELLER k] - 4 - WILLIAMS. HATFIELD AND STONER. INC. F�2312MAMLTON DRIVE ENGINEERS PLANNERS LAND SURVEYORS FT. LAUDERDALE, FLORIDA SHEET 1 OF Z SWEETS SEE SWEET Z FOR 17E5CftIPT10N 1-1 LOCATIOM MAP SEC-nOK3 07, MWt-SHIP 49 9-, Q4z- 41 E, �-► Al 89e lo' 159 E Iz4agZ' � , 53 o � 8 0 p 8 AREA . h 1,74ZJ400 Sq. FT. 40.00 ACRES W 2 J v VN a f o_ 1. O 0 Vj t al5ufm uNE VACTZ7f 30 P.O. o' -� `-�- sage io' o4 "w 1248. (,S' BEARINGS SHOWN HEREOM ARE Ic-ou." FASr corAEI REFERENCED -V A GRID MERIDIAK, -TME Sot THEAST /4, `0 GeL'Ro►a 07-49 -41—r MOTE : TH ► 3 15 NDT A 5U RVEY , K. 616594. 7B I ../1346Z6.23 IEPAI RED 13Y PROFESSIONAL L;r SURVEYOR NO. STATE OF FLORIDA :v[CK[O K :OO J EP. NM21 WILLIAMS. HATFIELD AND STONER. INC. 2312 WILTON DRIVE ENGINEERS • PLANNERS • LAND SURVEYORS FT. LAUDERDALE, FLORIDA 2080-0 MN DESCRIPTION A parcel of land in Tracts 25, 26, 27, 30, 31 and 32 of Section 7, Township 49 South, Range 41 East of the FLORIDA FRUITLANDS COMPANY SUBDIVISION NO. 2 as recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of the Southeast One -Quarter (SE 1/4) of said Section 7, said point having a Florida State Plane Coordinate of N 676594.78 and E 734626.23 (East Zone), THENCE on a grid bearing of N 01*24147" W along the East line of the said Southeast One -Quarter (SE 1/4) of Section 7 a distance of 659.78 feet to the Easterly extension of the South line of said Tract 27; THENCE S 89*10104" W along said Easterly extension a distance of 53.01 feet to the POINT OF BEGINNING; THENCE continue S 89°10'04" W along the South line of said Tracts 27 and 30 a distance of 1248.68 feet to a line 210.91 feet West of and parallel with the West line of said Tracts 25, 26 and 27; THENCE N 01"0445" W along said parallel line a distance of 1400.01 feet; THENCE N 89° 10' 15" E a distance of 1240.52 feet to a line 53.00 feet West of and parallel with the said East line of the Southeast One -Quarter (SE 1/4); THENCE S 01°24'48" E along said parallel line a distance of 1400.00 feet to the POINT OF BEGINNING; Said land situate in Broward County, Florida, containing 40.00 Acres, more or less. 4911/10D/092184 FREPAIRED Or- Mo/[g10ft^L V90 9UQVEY011 No. 7 q/_5 = OTAT2: OI ILORIDA �wN f CNSCRt9 ftLC 9/,Zo%4 . �1 G fj .. J. £.P. .«N LF 42W7