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R-2001-108
RESOLUTION NO. 2001-108 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA OPPOSING ANY USE OF REFERENDUM BOND FUNDS FOR ANY ENTERPRISE PROJECTS OF BROWARD COUNTY THAT SHOULD OTHERWISE BE PAID FROM A BROWARD COUNTY FUNDING SOURCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach has learned that the Broward County Commission intends to approve acquisition of a parcel known as the "Albertson's Site" located in the City of Hollywood (corner of 14th Avenue and Sheridan Street near West Lake Park) with the use of funds that were approved by Referendum by the electorate for open space acquisitions, but that such site may be used to provide opportunities for wetlands mitigation for the South Runway proposed for the Fort Lauderdale-Hollywood International Airport. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach opposes the use of Referendum Bond Funds for any Enterprise Projects of Broward County that should otherwise be paid from a Broward County funding source. Section 2. That the City Commission of the City of Dania directs the City Clerk to forward a copy of this resolution to the City of Hollywood, Broward County and local press. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 25th day of June, 2001. PATRICIA FLURY MAYOR— COMMISSIONER 1 RESOLUTION NO. 2001-108 ATTEST: ROLL CALL: • COMMISSIONER BERTINO - YES nqw �X" COMMISSIONER MCELYEA -ABSENT CHARLENE JO SON COMMISSIONER MIKES - YES ACTING CITY C ERK VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO FO M AND CORRECTNESS: BY: ), \ - & A THO ASV ANS RO CITY ATTORNEY • • 2 RESOLUTION NO. 2001-108 Ll PREVIOUS ITEM BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS _ NEXT ITEM Au"'ENDA ITEM Meeting Date 06/26/01 iacouNff Page 1 of 2 '" FZ@quest@C1 IQ+Ct f or1 tSA ;"„ ` (Identify ify appropriate Action or Motion,Authority or Requirement for Item and identify the outcome and/or purpose of item.) A. MOTION TO APPROVE Contract for Sale and Purchase between the Trust for Public Lands, a California benefit corporation and Broward County, in the amount of $2,093,000.00 for the purchase of 5.3662 acres of real property, Site 365, designated as Green Space by the Land Preservation Advisory Board, located in Hollywood at Sheridan Street and North 14th Avenue and contiguous with the existing Sheridan Street ESL at West Lake Park; authorize Chair and Clerk to execute same; authorize acceptance and recordation of deed. (Commission District 6) B. MOTION TO AUTHORIZE reimbursement to Trust for Public Lands for expenditures for Environmental Audit, Survey and Title Costs for Sale and Purchase of Site 365 in the amount of$9,851.15 upon presentation of documented and paid receipts. Why is Action Necessary: This action requires approval by the Board of County Commissioners pursuant to 6.8 of the Broward County Administrative Code. What Action Accomplishes: Acquires land under the Land Preservation Bond issue;meets City and community goals; provides buffer to and precludes encroachment onto existing environmentally sensitive land; provides mitigation opportunities for saltwater wetland impacts; and provides flood mitigation to the local area. * $UIYtn1�1�/4�XplarlatlOrl, Background (Provide an executive summary of the action that gives an overview of the relevant details for ' the item. The first sentence includes the Agency recommendation.) THE DEPARTMENTS OF PUBLIC WORKS, PLANNING AND ENVIRONMENTAL PROTECTION AND COMMUNITY SERVICES RECOMMEND APPROVAL OF THESE MOTIONS. The detailed Acquisition Checklist with backup material is attached as Exhibit 1. "The $2,093,000 recommended purchase price calculates to $8.95 per square foot and $389,862/pet acre and is 3.3% over the review appraisal of$2,025,000 for this parcel. "The independent fee appraisals valued this parcel at $2,000,000 and $2,050,000. "The property is assessed at $876,610 for tax purposes. On March , "'r 3, 2000 (Item 93), the Board directed staff to open negotiations on this parcel Authorized NO rf`�p�}Y, �"c � j Sigriature nature cortfirma ttiat.requlred approvals from other agencies have been received e.g.Purchasing,Budget,R1sk Mgt,Attorney)`st ;,C tyAdmIn Initial Signature:, Date: Type Name,Title,Agency and Phone: Richard Brossard, P.E., Director, Public Works Department, 357-6410 Source of Additional Information: Type Name,Title,Agency and Phone: Russ Goodman, Assistant Real Estate Officer, Real Property Section, 357-6814 ri ' Page 2 of 2 (commonly known as the Albertson's parcel). Due diligence was conducted and negotiations with Breakstone SW, Ltd., the owner at the time, were concluded on August 25, 2000, with a purchase contract. The County requested that the closing occur after the Proposed Safe Parks and Land Preservation Bond Issue vote in November of 2000. Subsequent to the approval vote, the County requested the closing be continued to allow Land Preservation Advisory Board to review this parcel. The sellers disagreed and threatened to withdraw their agreement to sell. Because of the important ecological potential of this site, the Trust for Public Lands, a 502(c3) not for profit corporation, offered to purchase the site at our agreed purchase price and resell it to the County at that same price plus actual, out of pocket expenses,for title, environmental audit, and the survey ($9,851.15). The Trust closed on the parcel on February 14, 2001. From the County business perspective, this site opportunity to add valuable saltwater mitigation area in Broward County and will add buffer to West Lake Park. County purchase has City of Hollywood and community support. It will provide additional retention volume for stormwater runoff from the immediate vicinity. If not acquired by the County, this site will most likely be developed for commercial purposes. If purchased by the County, this 5.3662 acres will be managed by the Parks and Recreation Division in conjunction with the Sheridan Street ESL and West Lake Park. Staff recommends purchase of this Green Space with funds from the Safe Parks and Land Preservation Bond Program. r3230-025-9230.6533 al Impact/Cost Summary (Include projected cast,approved budget amount and account number, source of funds,and any future funding requirements.) hase Price of $2,093,000.00 plus $9,851.15 for reimbursement for expenditures for onmental Audit, Survey and Title Costs for a total cost of$2,102,851.15 -Budget No. (Safe Parks and Land Preservation Bond Issue. Exhibits Attached (copies of original agreements (Please number exhibits numerically.) 1. Acquisition Checklist (Exhibit 1) 2. Copy of Contracts for Sale and Purchase (Exhibit 2) 3. Copy of invoices for reimbursement to Trust for Public Land (Exhibit 3) Document Control Commission''4ctAon 1 Executed original(s)for permanent record APPROVED DENIED n u m rExecuted copies to return to: DEFERRED X Other Instructions:(Inctude name,agency,and phone) - RETURN FOUR (4) From: EXECUTED, ORIGINAL CONTRACTS TO REAL PROPERTY, To: ROOM 326. GOB SAFE PARKS & LAND PRESERVATION PARCEL ACQUISITION CHECKLIST Date: June 8, 2001 LPAB parcel number: 365 Location: Sheridan St A North 14t' Ave, in Hollywood (abuts West Lake Park) Size: 5.3662 acres Current use: vacant Zoning: C-3 Category: Conservation Green Space X Open Space Assessment for property taxes: $876,610 ($3.75/sft) Fee Appraiser Land Value Income Value Replacement Analysis Patricia Hayes, MAI $2,000,000 Michael Martin, MAI $2,050,000 Review Appraisal Date: 8/7/2000 Value Opinion: $2,025,000 Negotiated purchase contract amount: $2,093,000 (3.3% over Review Appraiser Opinion) Sales History Last: On February 14, 2001 from Breakstone SW, Ltd to Trust for Public Lands for $2,093,000 ($8.95/sft) Previous: On August 9, 1995 from Resolution Trust Corporation to Breakstone SW, Ltd. for $851,500 ($3.67/sft) Previous: On January 29, 1989 through foreclosure to Lincoln Savings and Loan Ass'n, on a prorata basis, for$1,294,984 ($5.54/sft) Ap reciation rate: 4% (ie $5.54 @ 4% for 12 years increases to $8.86) Discussion: The August 9, 1995 sale by RTC to Breakstone SW is considered a "distress" sale, based on the RTC's efforts to divest non-performing assets when the real property market was soft in South Florida. City support: Resolution 2000-448 from Hollywood Action Stage: 28 Day Notice Purchase Due Diligence Reviews: Phase I Environmental Assessment Contract form: Standard (no variances) Review by Executive committee: ATTACHMENTS: Location Map X FEE Appraisals X Review Appraisal X Tax Assessment X DPEP Site Assessment X City Resolution X Other : FYL NE 2 2��-7�� w PL cc r uj 2 + Z „STD N 3 (; +�, L� `!}l rY,{Ist ysr i�'PaIktu PXRKP,r _ o0p DANIAI 1 si WEINERS I(Ll Li JAI-ALAI I AIA St 1am Squ .'1 .'}'S , s ''' l• I Jji 8 ti,.it .r+; act w y1�fitt �• 1 ,tS.I ,,I Walnut $t7h c1, 3 St rn rt, r4 ♦ i( ~ 1 ail v eSoto 2 TE rp�F ' �� /..�'�l'�50 Ss 'I ( ofl i rT .�.� , '�'• ri,,'.+•:1 Elm a 3 ST F an TE k n St;1t 5c �;j' `i '•, z _ erry St '', Q h ?t1r jrryrierrFlr1 ap5, lc;j'►'V PL A _J, t�� + Evan St rR, '"45t'l !-•`;;• '' ;ayh �; .,�'.!e1 TI -, r a`' r r,`�r $ Allen 4 Vest: 39 tk i + I,d�•1...,rt,r�hr�Ft�+tal MeadB st tss�•';'�'�.�I+ 1rF'1�,S.i ST a j r,y SJ f Ik rsh` �I . r St S4+ yC I ,r,e4117J111 r<•1 C�r �y' I / �, , CU>ft , j• n r,iY M ST 'I" , i, r �`f 1!v.lKl e Pershl g St ; .�;4�<9•� llj�s' ,'S ' 7 S i ;PA •�r >:iJ�1r,,.}:1 7j ' i:,. 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Andrews Avenue, Room 326 Fort Lauderdale, FL 33301 (954) 357-6826 • FAX(954)357-6292 • APPRAISAL it[�N'[rw S'1'n'1'I;1VII.N'1' Property: A 5.367-I- aC1e parcel of land localed at t11C SOUtllcast corner crf Sheridan Slice( and North 1411-nvellrre Florida in [lollytvuod, Appraiser: Michael Martin, MAI Appraised Value: $2,050,000 as of Jurle 28, 2000 Appraiser: Patricia S. Ilayes, MAI, SlZA ASA Appraised Value: $2,000,000 as of July 14, 2000 Staff Review Appraiser: F. C. Addison, CItA , A desk review was effiected on August 7,2000.: 10 requirementsU Both reports Were prepared d in accordance willr tilOf tile e Standards of Professional Appraisal Practice. The appraisals are very close in overall value. Mr. Martin stated that the area of easement was believed to be unusable because it cannot be developed and therefore added ue !; c the overall el ve the conservation P P o On the other hand, Ms. [[ayes states that the conservation areas rnaylbe y r counted as green area/open space in a proposed plan developnlerlt and does zA} } on the value. not Have a material efrect Ye Pursuant to Qroward Count y Organizational requirements> Scct appraisal reports is $2,025,000. ion 6.3, the average of the two 00, ` FCA:cl BROWARD COUNTY BOARD OF ��DocobS On ��ben ual Opportunity Employer��dvider of Serviceggetllbn Jr. Ben Gruber Suzonne N.Gunzbur��COUNTY Lorl Nance Parrish Jolrn E.Rr. James A.Scoll p r ward.org/property ��Wassermon-Ruben • 1 ' r Edward A. Dlon. OFFICE OF THE COUNTY ATTORNEY County Attorney BROWARD COUNTY 115 S. Andrews Avenue, Suit - Fort Lauderdale, FL 33301 (954) 357-7600 • Fax (954) 357-7641 • Suncom 442-7600 April 18, 2001 Our File: 01-58.11 fV '^ MEMORANDUM _ ✓ -v TO: Frank Frey, Director _co Real Property Section, Public Works Department w ni FROM: w Sharon L. Cruz Deputy County Attorney ' RE: Sheridan Street Environmental) Se #365) Y nsittve Land (Site On March 31, 2001 the B roward County Land Preservation and Acquisition Advisory Board held a special meeting. At that meeting, the Board approved recommend to the Board of County Commissioners that Site edesignated n a motion to space according to the definition in Broward County Resolution 2000-1230 t T e green also approved a motion to recommend to the Bro The Board Commissioners that Site #365 be purchased from the ward County Board of County proceeds in the amount of $2,093,000 plus closingTcosts.rust or Public_Lands using bond recommendation is that any mitigation credits that come to t Included in the Board's to develop and protect this site. If there are an leftover he County for this site be used Purchase additional environmentally necessaryY ver funds, they are to be used to lands. have also attached a copy of the information which was presented to the Board. SLC/wp Enc. cc: Eric Myers, DPEP Voleria Volin, DPEP ,A + H:\DATAIDIV21SLC1SIc011LandPAB.m01 BROWARD COUNTY BOARD OE COUNTY COMMISSIONERS— IoseptKh EgpeAellon Jr. Ben Grober 3uzonne GN G niu t- ,rttur Krlstln D.Jocobs (lone Llebormon q oat Once Ponlsn .lohn E -- pporlunlly Employer and Provider o!Services ll N Visit us on tho Inlornet.sa,�y w.browa of©oI �QI R�slrom.Jr. Jomos A.Scott r:� r [bona Wo sermon-Ruben 1 �A Pahl a S.Hayes, Real Estate A ' � � �S� ultant* Broker State Certified General Real sEstate Appraiser 0000631 August 1, 2000 Mr: Frank Fre ,i Director Public Works Department _— Real Property Section � �`�-', Andrews Avenue, Room 326 Fort Lauderdale, FL 33301 —o RE: Hollywood, Broward County, Florida �. Vacant Commercial Site Located on Sheridan Street and N. 14"' Avenue vwi L Dear Mr. Frey, 1 �1 At your request, I have made an appraisal of the above referenced property. appraisal is to estimate the fair market value of property as ofJuly 14, 2000. The i appraisal is to assist Broward County in determining the value forThe purpose of this ►� function of this �I possible purchase. �larket value may be defined as, the most probable price in cash, as of a specified date, financial _;..arrangements equivalent to cash, or in other precisely revealed terms, for operty will sell in a competitive market under all conditions requisite to J y`:'and seller each actin ► which the appraised 1 b Pendently, knowled *eabl fair sale, with the buyer ;�:under duress. b Y, and for self-interest, and assuming that neither is ?I have personally inspected the subject property .considered pertinent to the making P Y and have investigated and analyzed all data = w b of an appraisal. The results of m investigation, I� ':: my conclusions, may be found in the following y bation, together with'' ' b Complete Summary Appraisal Report. ' ''`I(is my opinion that the market value of the Property,N Y, ors ofJuly 14, 2000, is estimated to be: t' TWO MILLION DOLLARS I 4� ( $2,000,000 es ectfull P y subnrittcd, 4 1 1. Patrrcia'S Hayes, MA I tS SA f "Mate Certified General Real Estate Appraiser (00063 1 j PU H cs 1 r d 400 North Andrews Avenue • Ft. Lauderdale Florida 33301-3257 • (954) 463-1722 "t 1 1 .1 .• DIVERSIFIED , REAL ESTATE CONSULTING 1075 E.Sunrise Boot%-arcl.Sure f150• FI.L ttulerclale, f'L 333u.t ORPORATION (954)763.OyE)o.Fax 054 524.7fi4H nrrll.11s.lt..ca)nsul.nnu M F.. 5l N .\rI.I,N•)Kf!N.\III! llll l'4.,ON 1111/)IIen.im � r July 17, 2000 3 Mr. Frank E. Addison, Review Appraiser y Broward County Public Works Department Pn1 Real Property Section 115 South Andrews Avenue, Room 326 �► a Ft. Lauderdale, Florida 33301 co Re: The complete summary aP raisal - acre land located at the s utheast corner of Sheridan /Street and No o of 14th Avenue, Hollywood, Florida. rth Dear Mr. Addison: As you requested, I have inspected and a parcel. The purpose of the a PPraised the above referenced r as defined in this report, of the fee property. simples i teresth in ache tsualue, bj ect I have carefully considered value, including locational attributes pertinent to the estimation of current market conditions. The market data y and analysis n lysis characteristics,leading tand estimate of value is set forth in the appraisal report. 9 to the T e appraisal report is subject to the Assumptions and C nditions set forth herein Limiting conform with the Standards of hProfessionalsal rPractice ndort has nthee Code oto f 4 ; ;Ethics >� de of Of the. Appraisal Institute and the Uniform Standards of Professional Appraisal Practice of the A ppraisal Foundation. e a'Th ,teak . ppraisal reflects or addresses any significant information known -i which may materially alter the as is nature of the a -� ppraisal. The subject's total site area of 5.367+ r /- acres was extracted from a h =lrsketch of the subject prepared by Post, Buckley, Schuh, Jernigan, Inc. , 'dated June 1991. This site area is assumed to be correct. t� � " , According to Donald Burgess, from Broward County' s Departmen A. la" and Environmental Protection, the southern tof 3ect-, property consists of wetlands and is Portion of the :•:ff.Cofiservation easement. The legal description of tphe t conservationby �easement . indicates the size of the easement as 0. 6557+ <w ze {is; assumed to be correct. The conservation easement / acre. This bSelopment within the 0. 6557+ prohibits any /- acres. Therefore, the total usable azof , the subject property equates to 4 .7113+/- acres. *` Page 2' . Mr. Frank E. Addison, Review Appraiser If any of the assumptions on the incorrect, I reserve the right to amendrthe us page are found to be Thus appraisal accordingly. based upon the analysis contained herein value of the fee simple interest in the subject 2000 was: the estimated market J parcel, as of June 28, TWO MILLION FIFTY THOUSAND DOLLARS ($2, 050, 000) Property,The report that follows sets forth the identification e assumptions and limiting conditions of the subject th and the market data and analysis leading to the Opinion of market value. Thank you for the Opportunity of providing g this appraisal service. y Submitted, DIVERSIFIED REAL ESTATE CONSULTING CORPORATION Michael Martin, MAI, President r State Certified General R. E. License No. 0000273 Appraiser p I, yti Presented to the Broward County Land Preservatlon Advisory Board March 31,2001 GENERAL INFORMATION Site ID Number: 365 Name: Sheridan Street Environmentally Sensitive Land (ESL)Addition Land Type:Green Space City: Hollywood Address/Dlrections:From 1-95 exit Sheridan Street. East on Sheridan Street to SE 14"' aerial photo). Avenue.Site is located on SE comer of Sheridan Street and SE 14'Avenue(see attached Boundary Description: Site 365 is bordered by Sheridan Street on the north, NE 14'" Avenue on the west, by Sandpiper Point Townhouses to the south, and the Sheridan Street ESL to the east(see attached aerial photo). Area: 5.33 acres Ownership:Trust for Public Land OVERALL SITE ASSESSMENT This site is dominated by exotic species such as Brazilian e p and Australian pine (Casuarina equisedfolia), which account rfor approximately ninety percent of the canopy coverage.The southernmost area of the site was planted with native species, such as sea grape (Coccoloba uvifera), buttonwood (Conocarpus erecta), red mangrove(Rhizophora mangle)and black mangrove(Avicennia germinans), as part of a mitigation project In the mid-1990's. Although the site is largely covered by exotic species,it is classified as Green Space due to Its Importance as a buffer to the neighboring ESL, owned and managed by Broward County.Additionally,it Is possible that restoration efforts could return some of the site to Its original mangrove habitat. ADDITIONAL SITE INFORMATION • Current Land Use:Site 365 is zoned "Medium Intensity Commercial Use." South of the site and the land Is zoned "Low-Medium Density Multifamily," west is 'Medium-High Density Multifamily,"north is"Low-Medium Density Commercial,'while east it i'Government Use." s zoned Known Liabilities or Hazards: Phase I Environmental Assessment was conducted on 1/16/01 by Biagi Associates for the Trust for Public Land (TPL). Past illegal dumping of some hazardous waste(lacquer thinner)occurred, but it was cleaned up and monitoring wells indicate no current pollution problems. Conclusion of the Assessment was 'No ' further investigation is recommended." Current Status: In June 2000, the Broward County Board of County Commissioners approved motions to fund and conduct appraisals,and begin negotiations with the owner of the site. Initially, the City of Hollywood expressed interest in acquiring the site in partnership with the County. Sources of funds for the purchase, however, were not identified by either the City or County at this time. After the successful passage of the Land Preservation Bond referendum in November2000,the Citywithdrew its offer to share purchase costs, although maintained its support to pursue public ownership of the site. Due to surrounding land uses and zoning, the threat of the property's development Is great. TPL agreed to assist in securing the property quickly in order to pre-empt development. The Trust initiated negotiations with the landowner at the beginning of the year, agreed upon a purchase price of approximately $2,093,000, and closed on the property on February 14,2001.TPL would now like to sell the property to the County as a soon as possible. Management Considerations: Once acquired,the site would become an addition to the Sheridan Street ESL, currently managed by the Broward County Parks and Recreation Division. Before the site was altered by dredging and filling activities, it habitat. The potential exists to restore the mangroves. Additionall was mangrove y,the site may be used by the County for wetlands mitigation projects. Land Acquisition Plan(parcels with multiple ownerships): Not applicable. PAGE 02 CITY of HOLLYWOOD O anti . • r Samuel A. Finz City N4ana@cr June 12, 2000 R SED Fo ADOIT AL INE A 1014954)931-3201 Mr. Roger Desjarlais, County Administrator Broward County 115 South Andrews Avenue Fort Lauderdale, FL 33301 Dear Mr, Desjarlais: At the Hollywood City Commission meeting Presentation to the City Commission r g Of June 7, 2000 I Street and North 14 M regarding the roe gave a Avenue in H011ywood• g P p rtY located at Sheridan various options for the property, includin th esp of presentation parcel menzed the ge a 9 After some discussion, the Holl to request the Broward CountyYv"Ood City Commission voted unanimously COmmssion Commission Agenda Item #3, that h©d b en�sch dump a tor®ward 2000, as follows: with County meeting of June 6, A. Motion to Direct staff to obtain tM 2 begin negotiations with the � � independent fee apnr�lsals and Street and North 14'h Avenue In Nolof eal property located et Sheridan acres and abutting Environmentally Sensitive Lands�(ESL)da Site 14 5.33 jl 6• Motion to' Adopt a Budget Resolution in the General capital Fund, transfer-ring $20,000 from Commission Reserves, located at Sheridan Street to0�n� appraisals for real properly Avenue in Hollywood, Florida and North fund During my presentation to the Ci formula used In the Deerfield Beach per el Commission, s , i onn advised them of theacqu . 25% Of the monies came from Deerfield Beach and 75�i6 Mich approximately County. The City Commission was informed that the eame formula probably apply to the acquisition of the parcel at She me from Broward uld Avenue. Sheridan Street and North 14'' While the vote taken by the City Commission did not specify the funding formula, the Commissioners recognized that such a formula exists. Of co however, all decisions regarding the conditions of a ssion make a determinatiion the require that the Clty Commi parcel u the arse, rould the cast of the land, orFicE OF T1iE CITY"7AG1=A/J600 Hollywood DIvQ•/p.p•pax 229043/1{ollr-vood,Fbrida 33022.9045/Fax(954)921-3314 "An Egnal Opportunity and Scrvlca Provider Acen.." l I Y %R ua Roger Oesjarlais PAGE: 92 June 12, 2000 - - Page—2- as determined by the appraisal process, is a re funds. asonable e e xp nditure of City Please bring this item before the arly scheduled meeting as soon as County Commission at a re matter. Possible. Thank you for your assistance in Ithis Sin ely, amuel A. Finz CRY Manager c: Mayor& Commissioners 1 . 5/11/01 CONTRACT FOR SALE AND PURCHASE THIS CONTRACT FOR SALE AND PURCHASE ("Contract") is made as of this day of June, 2001, by and between The Trust for Public Land, a California public benefit corporation, hereinafter called SELLER, AND BROWARD COUNTY, acting by and through its Board of County Commissioners, hereinafter called COUNTY. SELLER and COUNTY hereby agree that SELLER shall sell and COUNTY shall purchase the following described property, situate, lying and being in Broward County, ,., .. Florida, and more particularly described as follows: LEGAL DESCRIPTION Real property as described in Exhibit"A"attached hereto and made a part of this Contract (the "Real Property"), together with all tenements, hereditaments, privileges, rights-of-reverter, servitudes, and other rights appurtenant to Real Property, all buildings, fixtures, and other improvements thereon, all fill and top soil thereon, all oil, gas, and mineral rights possessed by SELLER, all right, title and interest of SELLER in and to any and all streets, roads, highways, easements, drainage rights, or rights of way, appurtenant to the Real Property and all right, title and interest of SELLER in and to any and all covenants, restrictions, agreements and riparian rights benefiting, the Real Property (all of the foregoing being referred to as the "Property"). ARTICLE 1 TERMS DEFINITIONS AND IDENTIFICATIONS For the purposes of this Contract, and the various covenarts, conditions,terms and provisions which follow, the definitions and identifications set forth below are assumed to be true and correct and are, therefore, agreed upon by the parties. 1.1 ADMINISTRATOR: Whenever the term Administrator is used herein, it is intended to mean the County Administrator of the Broward County government, the County Administrator's deputy, or designee. Under the County Charter, the Administrator CAF#48-B _1_ Rev. 3/01/01 . is the administrative head of all departments and divisions of e County government. In the administration of this Contract, as contrasted with hmatters of Policy, all parties may rely upon instructions or determinations made by the Adminis- trator or the Administrator's deputy or designee. + 1.2 COMMISSION: The Board of County Commissioners of Broward County, Florida, which is the governing body of the Broward County government created by the Broward County Charter. 1.3 CONVEYANCE: Whenever the term Conveyance is used herein, it shall mean a warranty deed in statutory form properly executed, witnessed and acknowledged. 1.4 COUNTY: Broward County, a body corporate and politic and a political subdivision of the state of Florida. 1.5 EFFECTIVE DATE: The date upon which this Contract is last executed b the parties hereto. y 1.6 PUBLIC RECORDS: Whenever the term Public Records is used herein, it shall mean the Public Records of Broward County, Florida. 1.7 SELLER: Whenever the term Seller is used herein, it shall mean the entity owning fee simple title to the Real Property and any agent or designee to whom SELLER has delegated authority to negotiate or administer the terms and conditions of this Agreement. 1.8 SPECIAL ASSESSMENT LIENS: Whenever the term Special Assessment Liens is used herein, it shall mean all liens on the property which is the subject matter of this Contract arising out of a special improvement or service by any city,town, municipal corporation, county or other governmental entity pursuant to any general or special act of the legislature providing a special benefit to land abutting, adjoining or contiguous to the special improvement. Said special improvement shall include, but is not limited to, paving, repaving, hard surfacing, rehard surfacing, widening, guttering, and draining of streets, boulevards, alleys and sidewalks; construction or reconstruction of sanitary sewers, storm sewers, drains,water mains,water laterals, water distribution facilities and all appurtenances thereto. - For the purpose of closing or settlement of this purchase, such special assessment liens shall be designated as either"certified" or "pending." • CAF#48-B Rev. 3101/01 � t A "certified" lien is hereby defined as a lien which has been certified confirmed or ratified pursuant to the statute, special act, ordinance, or resolution" creating same and for which the exact amount of same figs been determined. A "pending" lien is a lien which has been created or authorized by an enabling resolution adopted by the appropriate governmental entity, causing said lien to attach to and become an encumbrance upon the subject Real Property but for which there has been no determination of the final amount of same. 1.9 SURVEY: Whenever the term Survey is used herein, it shall mean a survey certified to by a professional land surveyor registered in and licensed by the State of Florida. 1.10 TITLE: Whenever the term Title is used herein, it shall mean fee simple title, free and clear of all liens, charges and encumbrances, other than matters specified in Section 4.1 of this Contract, if any. 1.11 TITLE BASE: Either a prior title insurance policy from a reputable title company acceptable to COUNTY or an ATIDS (Attorneys'Title Insurance Fund, Inc.)certified printout to COUNTY with hard copies of all documents referenced therein or a title search report from Attorneys' Title Insurance Fund, Inc. in accordance with the Marketable Record Title Act certified to Count 's title agent, accurate synopsis of the instruments affecting he title to the Property purporting Prope y recorded in the public records of Broward County to a date subsequent to the date of this Contract. 1.12 TITLE COMMITMENT: A commitment or binder for an owner's policy of title insurance written on a company acceptable to COUNTY, in the amount of the purchase price, covering the Real Property having an effective date subsequent to the full execution of this Contract, listing and attaching copies of all instruments of record affecting title to the Real Property and listing the requirements,as of the date of the commitment, for conveyance of marketable fee simple title to the Real Property. 1.13 TITLE INSURANCE: An owner's policy of title insurance issued on the Title Commitment having an effective date as of the recording of the conveyance insuring title in accordance with standards set forth in Section 4.1. ARTICLE 2 TERMS AND CONDITIONS OF PURCHASE AND SALE CAF#48-B • Rev. 3/01/01 2.1 PURCHASE PRICE: COUNTY, as purchaser, agrees to pay as and for the total purchase price for the Property in the manner and at the times hereinafter specified the total sum of Two Million Ninety Three Thousand and 00/100 Dollars ($2,093,000.00), subject to the prorations, credits and adjustments hereinafter specified. 2.2 PROCEEDS OF SALE- SATISFACTION OF ENCUMBRANCES: 2.2.1 The proceeds of sale, adjusted for prorations or credits, if any, shall be paid at closing by a check drawn on Broward Count ELLER or by wire transfer to the COUNTY s designated closing escrow row ale to gent g g ("Closing Agent"), ge t 2.2.2 Any and all mortgages, liens and encumbrances or claims or any other debts, affecting the title to the Property ("Encumbrances") which are outstanding on the date of closing shall be discharged and satisfied from the proceeds of the sale at closing and such additional amounts paid by SELLER as may be necessary. COUNTY or COUNTY'S Closing Agent or attorney shall cause to be issued separate checks payable to the respective mortgagors, lienees, lienors or encumbrancers, the aggregate of which shall not exceed the purchase price less proration or other credits. The Closing ` Agent or attorney shall arrange to exchange such checks for the instruments necessary to satisfy such Encumbrances. If it is anticipated by COUNTY that additional funds of SELLER will be required to satisfy Encumbrances, SELLER shall deposit in escrow with COUNTY cleared funds in the amount specified by COUNTY no later than three (3) days prior to the scheduled closing. 2.2.3 The SELLER hereby acknowledges and agrees that any payments due as provided in this Section 2.2 shall not be paid from ad valorem taxes nor shall such taxes be pledged or committed for any payment due SELLER. Further, there shall be no pledge of COUNTY property or otherwise to secure said payments to SELLER nor any mortgage or right to foreclose on the Property to be conveyed by SELLER to COUNTY or on any property owned by COUNTY. 2.3 ADDITIONAL OBLIGATIONS OF SELLER 2.3.1 SELLER agrees to deliver possession of the Property to COUNTY on the date of closing. The Property shall be vacant at the time of such delivery. CAF#48-B Rev. 3/01/01 2.3.2 On or before June 22, 2001, SELLER hereby grants to COUNTY the right to enter on the Property to perform, or have performed, such inspections,;: surveys and studies of the Property as COUNTY may elect, including without limitation, an environmental audit of the Property, and SELLER agrees to provide COUNTY with such information as may reasonably be requested ' which is in the possession of SELLER in connection with such investigations. In the event that the results of such investigations reveal conditions affecting the Property which are not acceptable to COUNTY in its sole discretion, COUNTY shall have the option of terminating this Contract on or before June 22, 2001. 2.3.3 Between the Effective Date and the date of closing SELLER covenants and warrants to keep and maintain the Property in the same condition as it exists on the Effective Date, normal wear and tear excepted, and agrees that SELLER shall not enter into any contract for the Property, including without limitation any lease or tenancy thereof, without the prior written consent of Administrator, which consent may be granted or withheld by COUNTY in its sole discretion. 2.3.4 It is agreed that SELLER is selling and COUNTY is purchasing the Property in as is" condition. Notwithstanding the same, in the event that COUNTY finds that any of its investigations of the Property reveal conditions that are not acceptable to COUNTY in its sole discretion, COUNTY shall have the option to • terminate this Contract without penalty. 2.4 REPRESENTATIONS AND WARRANTIES OF SELLER. In addition to the representations and warranties contained elsewhere in this Contract, SELLER hereby represents and warrants to COUNTY, as of the date SELLER executes this Contract and as of the closing date, as follows: 2.4.1 SELLER warrants and represents to COUNTY that SELLER is the owner of fee simple title to the Property, and that no consents of any third party are required in order for SELLER to convey title to the Property to COUNTY as provided herein. 2.4.2 SELLER warrants and represents to COUNTY that there are no contracts or agreements, whether written or oral, regarding the use, development, maintenance or operation of the Property which will survive the closing. 2.4.3 SELLER covenants and warrants that there is ingress and egress to the Property over public roads. CAF#48-13 Rev. 3/01/01 ARTICLE 3 EVIDENCE OF TITLE 3.1 TITLE BASE. SELLER has delivered a Title Base forthe Property to COUNTY. Such Title Base is a copy of SELLER's title policy dated 2/20/01 issued by Stewart Title Guaranty Company. Title shall be considered defective unless the Title Base shows in SELLER a marketable fee simple title to the Property in accordance with this Contract and the Title Standards adopted from time to time by the Florida Bar, free and clear of all leases, options to purchase, contracts for sale, ownership of any improvements by others, liens, encumbrances, exceptions and qualifications other than those set forth in Section 4.1 of this Contract and those which shall be discharged by SELLER at or before closing. COUNTY shall have until June 22,2001 to examine same. If title is found to be defective, period, notify � COUNTY shall, within said y ` ELLER in writing, specifying the defects. If the said defects render r'' the title unmarketable, SELLER shall have ninety(90)days from the receipt of such 'q =;notice to cure the defects, using its reasonable efforts, including the no more than $5000, to clear title in accordance with the standards forth forth et ure of herein; ��•?Y'., and if after said period SELLER shall not have cured the defects, COUNTY shall T+�have the option of 1 accepting title as it then is, ( )O P 9 2 extending the amount of time for SELLER to cure said defects, or (3) terminating this Contract whereupon SELLER and COUNTY shall be released from all further obligations under this Contract. 3.2 INSURANCE OF TITLE: COUNTY may, at SELLER's expense, in reliance on the Title Base referred to in Section 3.1 above, on or before thirty (30) days from the receipt of the Title Base form SELLER, obtain a Title Commitment from a title agent selected by COUNTY, pursuant to which the title insurer agrees to issue to COUNTY, upon the recordation of the deed hereafter mentioned,Title Insurance in the amount of the purchase price insuring the marketability of the title to the Property, subject only to liens, encumbrances, exceptions or qualifications set forth in thins Contract and those which shall be discharged by SELLER at or before closing. Said Title Insurance shall be provided to COUNTY at COUNTY's expense. COUNTY shall have twenty (20) days from the date of receiving the Title Commitment to examine same. If title, as reflected in the Title Commitment, is found to be defective, COUNTY shall within said period notify the SELLER in writing, pecifying the defects. If the said defects render the title unmarketable,the SELLER shall have a period of ninety (90) days from the receipt of such notic remove such defects, and SELLER agrees to use reasonable efforte to cure or s is If, at the end of said period, SELLER has been unable to cure the de to cure same. fects, COUNTY shall have the option of: CAF#48-B Rev. 3/01/01 • (1) accepting the title as it then is; or (2) extending the amount of time for SELLER to cure said defects; or (3) terminating this Contract whereupon the COUNTY and SELLER shall be released of all further obligations under this Contract. 3.3 The ninety (90) day period to cure or remove defects shall not apply to lea ses options to purchase, contracts for sale and ownership of improvements by others. SELLER shall deliver Title free of these interests at the time set for-closing under this Contract, and if SELLER is unable or unwilling to so deliver title, COUNTY shall have the option of: (1) accepting the title as it then is; or (2) terminating this Contract whereupon COUNTY and SELLER shall be released of all further obligations under this Contract. ARTICLE 4 CONVEYANCES • 4.1 The Property shall be conveyed by SELLER to COUNTY at closing, by delivery of a Properly executed and acknowledged warranty deed in statutory form conveying fee simple title for the Property to COUNTY free and clear of all liens and encumbrances except those matters accepted by COUNTY and the following ("Acceptable Exceptions"): (1) Zoning regulations and prohibitions imposed by governmental authority. (2) Real property taxes for the year of closing and subsequent years. (3) Easements for power lines, utilities, roads, canals and drainage and restrictions of record which do not adversely affect the use of the Property for COUNTY's intended use, as determined by COUNTY in its sole discretion. (4) Those matters set forth on Schedule B of SELLER's title insurance policy attached hereto as Exhibit "A-1". 4.2 At closing SELLER shall also deliver to COUNTY the following documents: (1) Mechanic's Lien Affidavit and FRPTA Affidavit, • CAF#48-B Rev. 3/01/01 • (2) Such other documents as shall be reasonabl NTY in order for SELLER to convey marketable title to COUNTY, and Uproperly transfer all of the rights being sold in accordance with this Contract. (3) Evidence of authority to Convey the Property satisfactory to COUNTY. (4) The public disclosure certificate required by Paragraph 13.1 hereof. ARTICLE 5 PRORATION AND ADJUSTMENT 5.1 PRORATION OF TAXES: (1) In the event the date of closing shall occur between January 1 and r November 1, SELLER shall, in accordance with Florida Statute Section ' 196.295, place in escrow with the Broward County Revenue Collection Division an amount equal to current taxes prorated to the date of transfer of �1 title, based upon the current assessment and millage rates on the Property. (2) All governmental assessments certified prior to the closing date, general or • special, shall be paid by SELLER prior to or at closing, and COUNTY shall not be obligated to pay such assessments. (3) Personal property taxes applicable to the Property for the current year shall be prorated based upon the official tax bill(s)for the current year, if available. By or at closing, and if not paid, SELLER shall pay or provide for payment of all real estate and personal property taxes applicable to the Property for the calendar years preceding the year of closing and all other subsequent periods for which taxes are due or payable, or for which bills are available or ascertainable. 5.2 GENERAL PRORATIONS: Any rents, revenues and liens, or other charges to be prorated, shall be prorated as of the date of closing, provided that in the event of an extension of the date of closing, at the request of or through the fault of either party, such date of proration shall be the date upon which the other party indicated its readiness to close. CAF#48-B _8 • Rev. 3/01/01 ARTICLE 6 EXISTING MORTGAGES LEASES AND CONTRACTS 6.1 MORTGAGES. SELLER shall obtain and furnish at SELLER'S expense not less than fifteen (15) days prior to closing, a statement or letter of estoppel from the holder of any mortgage, lien or encumbrance affecting the title to the Property setting forth the amount of principal, interest and/or penalties necessary to be paid to discharge such mortgage, lien or encumbrance in full. 6.2 LEASES OPTIONS CONTRACTS AND OTHER INTERESTS. 6.2.1 SELLER represents and warrants to COUNTY that there are no party(ies) in Possession other than SELLER, leases (written or oral), options to purchase or contracts for sale covering all or any part of the Property, no party(ies) having ownership of any improvements located on the Property and no party(ies)having any interest in the Property or any part hereof except as set forth on Exhibit "B." If there are none, then Exhibit "B" shall state "NONE." SELLER represents and warrants that SELLER has previously furnished to COUNTY copies of all written leases, options and contracts for sale, estoppel letters from each tenant specifying the nature and duration of said tenant's occupancy, rental rate, advance rents, or security deposits paid by tenant and estoppel letters from each optionee, contract vendors and all others listed on Exhibit "B" (if any) describing in such detail as requested by COUNTY the nature of their respective interests. In the event SELLER is unable to obtain said estoppel letters, SELLER represents and warrants that SELLER has furnished the same information, true and correct, to COUNTY in the form of a SELLER'S affidavit. 6.2.2 From the date of SELLER'S execution hereof, SELLER represents and warrants to COUNTY that SELLER shall not enter into any lease (oral or written), option to purchase, contract for sale or grant to any person(s) (natural or artificial),any interest in the Property or any part thereof or any improvement thereon or encumber or suffer the Property or any part thereof to be encumbered by any mortgage or other lien, without the prior written consent of COUNTY which consent may be granted or withheld by COUNTY in its sole discretion. 6.2.3 SELLER agrees that it will take all necessary action, including the expenditure of all reasonable sums of money, to terminate any and all leases, rights of occupancy, options to purchase, contracts for sale and interest(s)of any other person(s) (natural or artificial) in and to the Property, • CAF#48-B Rev. 3/01/01 1 ' so that at closing the SELLER will convey the Property to the COUNTY free and clear of any such items and furnish to the COUNTY written evidence of such termination, and provide to COUNTY at closing an affidavit in the form attached hereto as Exhibit "C." Further, SELLER'S obligation hereunder shall be a condition precedent to the closing of this transaction. ARTICLE 7 TIME AND PLACE OF CLOSING 7.1 It is agreed that this transaction shall be closed and the COUNTY shall pay t he purchase price, as adjusted as provided herein, and execute all papers documents necessary to be executed by COUNTY, and SELLER shall executepapers or documents necessary to be executed by SELLER under the terms of this `y Contract on or before June 28, 2001, at the Broward County Governmental Center, located at 115 South Andrews Avenue, Fort Lauderdale, Florida, at a room to be designated by COUNTY prior to closing, or at such earlier time or other place as COUNTY may designate. However, nothing contained in this Article shall act or be ;> construed as a limitation of any sort upon COUNTY'S rights under this Contract, } including without limitation its rights under paragraph 7.2 hereof, its right to examine the Title Base, Title Commitment and Survey and COUNTY'S right to require SELLER to cure defects in title, if any, or as a limitation of other time established herein for COUNTY'S benefit. 7•2 COUNTY shall have no oblig ation to close this transaction unless the following conditions hereinafter have been satisfied or have been waived in writing by COUNTY: (a) All representations, warranties and covenants of the SELLER herein shall be true and correct as of the closing date. (b) Between the date of this Contract and the closing date,there shall have been no notice of intention to condemn the Property, or any portion thereof. (c) COUNTY shall have satisfied itself that any consents, special exceptions, variances, etc. which may be required as a matter of law to permit COUNTY to own and occupy the Property for its intended purposes can be obtained by the COUNTY. (d) There shall be no environmental hazards on the Property which would require COUNTY to treat, remove, or otherwise incur any expense relative to meeting current environmental standards as of date of closing. CAF#48-B -10- Rev. 3/01/01 (e) The status of title to the Prop erty shall not have changed in a manner which adversely affects the use of the Property.for COUNTY's intended use or renders.the title unmarketable from date of a prval of and/or COUNTY's counsel in accordance with.this Cont act.e by title agent 7.3 In the event that at the time of closing, any of SELLER's representations and warranties hereunder shall not be true or any condition exists which would allow COUNTY to terminate this Contract, COUNTY may deliver to SELLER written notice thereof, and SELLER, using reasonable diligence, shall have thirty (30) days from receipt of such notice to cure such defects. The closing shall, if necessary, be adjourned for a period of thirty (30) days to provide SELLER time within which to render such warranties and representations true and/or cure and remove such other matters so affecting the Premises, as the case may be. If such warranties and representations shall not be rendered true and/or such other matters shall not be �. cured and removed COUNTY may, by notice to SELLER, elect to (a) cancel and terminate this Contract, or (b) accept title to the Property as is. ARTICLE 8 DOCUMENTARY STAMPS AND • TANGIBLE TAXES AND RECORDING COSTS 8.1 SELLER shall cause to be placed upon the warranty deed conveying the Property state surtax and documentary stamps as required by law. SELLER shall further pay all tangible personal'property taxes and the cost of recording any corrective instruments which COUNTY deems necessary to assure good and marketable title. COUNTY shall pay for the cost of recording the warranty deed. 8.2 All state, county and municipal transfer taxes,documentary stamps taxes, recording charges and taxes, and all other impositions on the conveyance, and the recording fee of the Deed shall be paid in full by the SELLER. COUNTY is in no manner responsible for any state, federal or other income, excise or sales tax liabilities of SELLER. CAF#48-B _1 Rev. 3101/01 1 ARTICLE 9 SPECIAL ASSESSMENT 9.1 Liens for Special Assessment shall be paid by SELLER prior to closing to COUNTY, as hereinafter provided. p osing or credited The amount of a certified lien shall be discharged by SELLER prior to c SELLER shall exhibit a P losing, and appropriate receipts, satisfactions or releases proving such payment, or in the alternative SELLER shall cause said lien(s)to be satisfied out the proceeds of sale received by SELLER at closing. °f The amount of a pending lien shall be assumed by COUNTY with r . g h an appropriate nate credit given to COUNTY against the purchase price. At such time as the final }.. amount of said lien is determined or certified and said amount is less than the amount of the pending lien, the difference in amounts shall be refunded to SELLER; if the final amount is greater than the amount of the pending lien, SELLER shall upon demand pay to COUNTY the difference in amounts. ARTICLE 10 • SURVEY 10.1 SELLER has furnished to COUNTY at SELLER's expense, a survey b y a land surveyor or engineer registered in the state of Florida setting forth as a minimum the following: 10.1.1 A metes and bounds description of the Property; 10.1.2 Permanent reference markers at all corners for changes of courses for the perimeter of the Property; 10.1.3 Locating and delineating all encroachments, improvements, easements or rights-of-way of record or which are revealed by the survey or any personal inspection of the Property including any overhead transmission lines and the supporting structures thereon and their anchor easements; 10.1.4 Certified to the COUNTY, and Stewart Title Guaranty Company. CAF#48-13 -12- i Rev. 3/01/01 • 10.1.5 At closing, COUNTY agrees to reimburse SELLER of the survey. LER for reasonable costs 10.2 In the event that the Survey shows any encroachments, improvements, or rights-of-way which are not acceptable to COUNTY,COUNTY willsements provide SELLER with written notice of such defects and; if SELLER is unabl 1' affirmative Title Insurance over such defects COUNTY shall have e o obtain th terminate this Contract or accept title as provided in this Contract, e option to ARTICLE 11 MECHANICS' LIENS 11.1 SELLER hereby represents and warrants to COUNTY that as of the d ate as of closing there are and shall be no claims or potential claims form chaf and liens either statutory or at common law, and that neither SELLER nor SELLER'S nics' agent has caused to be made on the Property within ninety (90) days immediately A preceding the date of this Contract-any improvement which could give rise to an Mechanics' Lien. In addition, SELLER represents and warrants to COUNTY that neither SELLER nor SELLER'S agent shall cause any improvement to be made on the Property between the date of full execution of this Contract and closing which could give rise to any Mechanic's Lien for which any bills shall remain unpaid at closing. SELLER shall furnish to COUNTY at time of closing an affidavit in the form y attached as "Exhibit C." 11.2 If any improvements have been made within said ninety (90) day period, SELLER shall deliver releases or waiver of all mechanics' liens, executed by general contractors, subcontractors, suppliers or materialmen in addition to SELLER'S mechanic lien affidavit setting forth the names of all such general contractors, sub- contractors, suppliers and materialmen and further reciting that in fact all bills for work to the Property which could serve as the basis for a mechanics'lien have been n ARTICLE 12 TIME OF THE ESSENCE 12.1 Time is of the essence throughout this Contract. CAF#48-13 -13- Rev. 3/01/01 ARTICLE 13 PUBLIC DISCLOSURE 13.1 SELLER hereby represents and warrants the names and addresses or firm having a beneficial interest in the Property is as follows: of every person The Trust for Public Land, a California public benefit corporation, havin a la business at 306 North Monroe Street, Tallahassee, FL. g P ce of SELLER further agrees that at least ten (10) days prior to closing, in accordance with Section 286.23, Florida Statutes, SELLER shall make a public disclosure in writing, under oath and subject to the penalties prescribed for perjury, which shall state the name and address of SELLER and the name and address of eve erson having any beneficial interest in the Property. ry p f • CAF#48-B -14- Rev. 3/01/01 . ARTICLE 14 BROKER'S COMMISSION " 14.1 SELLER and COUNTY hereby represent and warrant to the other that neither has dealt with a broker. Each party agrees to hold the other harmless from any claim or demand for commissions made by or on behalf of any broker or agent of the indemnifying party in connection with this sale and purchase. ARTICLE 15 ASSIGNMENT 15.1 This Contract, or any interest herein, shall not be assigned, transferred or otherwise encumbered under any circumstances by SELLER without the prior written consent of COUNTY and only by a document of equal dignity herewith. ARTICLE 16 i DEFAULT 16.1 In the event SELLER should refuse, neglect or otherwise fail to carry out any of the terms or conditions of this Contract, this Contract may be terminated at COUNTY's election upon written notice. ARTICLE 17 PERSONS BOUND 17.1 The benefits and obligations of the covenants 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. • • ARTICLE 18 SURVIVAL OF COVENANTS AND SPECIAL COVENANTS 18.1 The covenants and representations in this Contract shall survive delivery of deed and possession for a period of six (6) months from and after closing. 9 ARTICLE 19 WAIVER GOVERNING LAW AND VENUE 19.1 Failure of either party to insist upon strict performance of an Y covenant or condition of this Contract, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effec None of the conditions, covenants or provisions of this Contract shall bet. ^~ waived or modified except by the parties hereto in writing. 0 19.2 This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Contract shall be in Broward County, Florida. ARTICLE 20 MODIFICATION 20.1 This Contract incorporates and includes all prior negotiations, cor- respondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree there are no commitments, agreements or understandings concerning the tsubject matter of this Contract that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 20.2 It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE 21 CONTRACT EFFECTIVE 21.1 This Contract or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it is approved by the Board of County Commissioners of Broward County, Florida, and executed by the chairman of said Board. ARTICLE 22 ENVIRONMENTAL CONTAMINATION 22.1 In the eve, t that the environmental audit provided for in Section 2.3.2 hereof results in a finding that environmental contamination of the Property is present or suspected or a recommendation that a Phase 2 audit be conducted, or if there has been environmental contamination of the Property between the Effective Date and the closing, the COUNTY, at its sole option, may: (1)elect to terminate this Contract without further liability; (2) obtain a cost estimate from a reputable licensed environmental consultant as to the cost of cleanup of any environmental contamination and notify SELLER of the cost estimate in writing, in which event the SELLER shall have the option of: 14. (a) cleaning up the environmental contamination itself; or (b) reducing the purchase price of the Property by the amount of the cost estimate; or (c) terminatin party. g the contract with no further liability on the part of either 22.2 In the event that SELLER undertakes any environmental remediation pursuant to erections 22.1, all such remediation shall be done in a manner consistent with all applicable laws, rules, regulations and ordinances and at SELLER's sole cost and expense, and SELLER shall indemnify and save harmless and defend COUNTY, its officers, servants, agents and employees from and against any and all claims, suits, actions,damages, liabilities, expenditures or causes of action of whatsoever kind arising from the environmental contamination. SELLER shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the COUNTY as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which the environmental contamination is alleged to be a contributing legal cause. SELLER shall save the COUNTY harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities in and about any such claim, suite, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. FOR BROWARD COUNTY - Before and After Closin : r County Administrator _ Governmental Center, Room 409 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR SELLER: Before and After Closing: The Trust for Public Land 7900 Red Road, Suite # 25 South Miami, FL 33143 Attn: Brenda Marshall, Senior Project Manager With a copy to: Donna H. Smith, Regional Counsel The Trust for Public Land 4267 NW Federal Highway PMB 120 Jensen Beach, FL 34957 • ARTICLE 26 EXECUTION 26.1 This document, consisting of twenty 20 ) pages Plus and "C" shall be executed in at least five (5) counterparts, a'ch,of,which'shall be deemed an original. hall [SIGNATURES ON FOLLOWING PAGES] CONTRACT FOR SALE AND PURCHSE BETWEEN THE TRUST FO LAND AND BROWARD COUNTY R PUBLIC SELLER The Trust for Public Land, a WITNESSED: California public benefit corporation Signed, sealed and delivered in the presence of: (print name beneath signatures) Title: lu day of /T, 2001. COUNT ATTEST: . BROWARD COUNTY, through its :- BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerk of the Board of County Commis- sioners of Broward County, Florida day of ,2001. Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 Assistant Count Attorney EXHIBIT A LEGAL DESCRIPTION OF PROPERTY A portion of PARCEL A of Sheridan Plaza, according to the Plat thereof recorded in Plat Book 133, at Page 27 of the Public Records of Broward County, Florida, being more particularly described as follows: Begin at the Southwest Corner of said PARCEL A; thence run North 03 Degrees 15 Minutes 50 Seconds East along the West line of said PARCEL A for 605.27 feet to the Northwest Corner of said PARCEL A; thence run South 90 Degrees 00 Minutes 00 Seconds East along the North line of said PARCEL A for 28.43 feet to a point; thence run South 85 Degrees 24 Minutes 21 Seconds East along said North line of PARCEL A for 150.00 feet to a point; thence run South 90 Degrees 00 Minutes 00 Seconds East along said North line of PARCEL A for 197.00 feet to a point; thence run South for 592.67 feet to a point of intersection with the South line of said PARCEL A; thence run North 89 Degrees 56 Minutes 40 Seconds West along said South line of PARCEL A for 409.41 feet to the Point of Beginning. g • • EXHIBIT "A-1" PERMITTED EXCEPTIONS SCHEDULE B OF SELLER'S TITLE INSURANCE RANGE I1�ay 'U9 U 1 U1 : 31 P RM SMITH 1J' IRUST FOR S61 -335-1430 PUBLIC LAUD s DdNNq SMITH P- 5 TH N0. : 3 ill�ll� !l it,1, V ,� �r 9? 005 r.S.,."•.F7,rea�,�' IVY�.i`M tlg{ f 1 fl .pf f. i� Q c !s �k! i t� �,awl l� r`"{S SKSy:j"7 ?I'r•«: mr. ,i:T:�; �t Al1CY NuMbOT: 0-2125-2968 45 File NO:O: 01010067 SCHED Ea This pulicy does not 1nSUto agaltut loss Of dan>A e � by teWa of the follo�vl�; 1' Rights or claims of parties in PnsaceainA not ahawn by 2' Ea nM . or clairnn of S the�rblic rrcorda. eMenta, not altowm by the publk rccorda. 3 IrrrcroehMeala. avert +end Impoction ar Mo pr�t:mNWmos.*lUy flue disputes.or other rrlatterc which would be disclosed by An a=raoe eurVey 4. nay t I* orhe to a lien, far t�rvlce9 pubtic for . labor, or RUtalal hcrelofoIc Of hereafter AIlnWtcd 1 s Community p cd by lasr and H3'. Qnwer. curterY, ti. aurvivorsbiP �adverse owuor p � � t�td rights, if may, ��,y spy of the illau hc1=ndtr aw ged fi�ad face severe' . including Ip claim Of Florida by right ort. nC. 7, • $ad artificially e�osed lands and lands arcn to e�kitho e Tauea ftar ihcyear 2001 andlauds lasurod thereafter and assess ue 8. LL teats, 1taAY� not ret:orded is the RE RDnD 9PCOlVTAINED ply Public recar,ds. • HROW y, DOOK 1.33 TpA PLAT OF BHErt10" p� ARD COLA y. FLORIDA. AS AFF CTEDO13 VIR PUBLIC �� AS DS 13, IDs" IN OFFICIAL RECORDS 800 AFFIDAVIT R$COR88 OF RDCORDs of BROWARD CO K 1635Q a FILED ApRIL STY, FLORIDA. , PAOS 902 OF 'THR PLMLZC 9• of Fool t�RAIN�o� >~Aa� HOOK 133N8URKU PREMISE& A "EoMWAT TO pHs $OU L1NDAgY FLOG TDA. • PAGE 2 7 Op �Z. R&LbRDRED 80 T1fE PUBLIC RECORDS OF BRpp,11I1RD COUNTY PLAT 10. 12 FOOT UTILITY U1V1'Y [NSF)DO U ITY EADpnNr FM19E9, As 8r1 ALONG THE WESTERLY 80 133, PAGn 27 Op T Or+IN O1J 7 H8 PLAT RECORDED EC4 IJNDARY Ofi T1iE HE PUBLIC RECORD_q OF BROWARD Iv TY PLAT BOOK 11. T FOR ADDITIONAL ROAD FLORIDA. 133, PAGE T? PREA9IQE6 ALONG THE NORTHERLY BOUNDUY OF 2? OF TIiI1 p AS SliOWN OAT T"E PLAT AS RECORDS OF gHOUARDCOUNTYED IN PLAT ROOK 12. 10 FOOT UT-TLITY �• AbAYTIONAL R EA9 � ADJ FLORIDA. PRL+f\928E9 ROAD ALO1dC; Tr{B NJACW�,y H TO THE EA6EMLWT FOR 27 OF AS bHOt41y ON THE PLAT OU"MY OF THE TFiE PUBLIC RECORDS OF )MCORDED Yl�] p IP19[JREp aR069AR8 CO PLAT HOOK 133, PAOE 13'. -UTILITY Ia�A613M LINTY p'1+ORIDA. &&CO EIT TO THE CITY OF RDg 8001t 932, PAGE 241 Op, THE PUB IC RECORDED In OFFICIAL CO(tNTg FLORIDA, , Z1AI.IC RECORDS OF &ROWARD �����"u�e� 1 - 5 Continued on ru® next gage Y zeiro'4 4&10 46Z 0� hart ay dcicted horn the OWaers policy. i�� 3�11 la�3tS �6tta Lsz gip ZS:£1 T08L-[E-�� ,r i - lMay 09 �O 1 U 1 : 31 pu RM SMITH 56 - Cy i.s: MZT POR PUBIC 1 335—1430 . q ldlul LAND � bONIJA P. 6 ,• SMITH NO.307 LUG ALrA OWNMps Poucy s CO D POLICY N0. 0-2125-295945 FILR NO: 01010067 i 14• UTILITY EASBMUT TO R'RCORD9 BOOK 932 TAS CITY OP IiOLLYWOOD RECORDED IN 0[?FICIAL COUN�y gLOttTDA. pAQE 245 OF TH$ PUBLIC RECORDS OF BR WARD 15. LTIEITY �-1gNT TO THE CITY O + RECORDS ROOK 953, PAGE S85 OF FllOpLY�A RECORDED IN COUNTy, FLORIDA. PUBLIC RECORD6 p OPF'ICIAL F BROkT� 16• CNEE+A NVMAAFTQNIbTO'AN:6L 6�AO9F$� T $Q THE 9TAT� OF p1OR'Ia VIRO ON IEC FDA DBATMg� OFP78LC RORDSQFICIALRECOYDg BOOKTRL . • Tr4CTI 17. CONSERVATION BROWARD COUNTY, Pi,ORID1#,gEMENT USED TO T 25921,RONMF�TTAL. pROTRCTION RFC[) STATE OF FI.ORII DEAAI2TM OF' ME 809 OF TN1� PUBLIC RF;ORD8IN 00FICIAL RECORDS FLORIDA. SROWARD CotnV' y, 18. RIPARZAN AND LITTO + RAL RIGHT& ARE NOT INSURED. • 1.6T0 462 mg 1NFTId �11It t�'1315 MET TOW-re-AtjW i • EXHIBIT "B" LEASES OPTIONS CONTRACTS AND OTHER INTERESTS NONE • • 4 EXHIBIT "C" NO LIEN AFFIDAVIT AND INDEMNITY STATE OF FLORIDA ) COUNTY OF BROWARD SS. BEFORE ME, the undersigned authority, personally Y appeared ------------ Land, a California public benefit corporation, who, being by me first duly swor�fon oath the , for Public and say(s), collectively as the "Affiant": , depose(s) �. That Affiant is the owner of and has fee simple title to the following described (the "Property") situate, lying and being in the County of Broward, State of Florida, to Property wit: SEE ATTACHED EXHIBIT "A" ';. 2• That the Affiant has not sold, transferred, assigned or conveyed title to the Pro ert prior to the transfer to BROWARD COUNTY, a political subdivision of the Sta to of P y Florida. 3. That the Property and all improvements thereon are free and clear of all mortgages, S;e taxes, waste, water and sewer charges, encumbrances, judgments and g ves, whatsoever except for real estate claims of eve taxes for 2002. ry 4. That no legal actions, Internal Revenue Service claims or State tax claims are endin or threatened that could ripen into a lien or encumbrance on the Property or the improvement eme g P nts thereon. 5. This Affidavit is made for the purpose of inducing the County to part with valuable consideration and consummate the purchase of the Property, and County is material) relying the,veracity of the contents hereof. The title insurance company selected by the Count is Y y g on upon the representations herein made in issuing title insurance. In this regard, the Affiant Y relying represents and warrants that the statements contained herein are true and correct in all resp ects. 6. That for at least ninety(90)days prior to the date hereof, no material, labor or services have been furnished, performed or supplied in connection with the Property, including ts located thereon, for which payment has not been made in full; no material, labor orservicesimprove- men contracted to be furnished, performed or supplied at a future date in connectionr services Property;'including the improvements located thereon, for which payment has n with the fulVai nd there are no unpaid mechanic's, materialmen's or other.liens affectingthe made in actual or potential claims on account of any such material, labor or services. Property or 0 EXHIBIT "C" (Continued) _ NO LIEN AFFIDAVIT AND INDEMNITY 7. That to the best of Affiant's knowledge, no violations of municipal ordinances or other laws, statutes, rules or regulations pertaining to the Property exist, and no orders or notices concerning any violations have been given to the Affiant or made against the Property. 8. That Affiant alone and no other person(s), firm(s), corporation(s)or individual(s)are in control and possession of the Property. 9. Affiant represents and warrants that between the date of its title insurance policy, February 20, 2001 and the date on which the deed to the Property is placed of record, Affiant has not and will not execute any instruments or take any actions that could adversely affect the title or interest to be acquired by the County and insured by the Title Company. Affiant further represents and warrants that Affiant is not aware of any matter that could adversely affect the title or interest to be acquired by the County and insured by the Title Company. 10. Affiant represents and warrants the truth and accuracy of all matters hereinabove set forth and agree to and shall defend, indemnify and hold harmless County and its heirs, successors and assigns from all causes, claims, demands, actions, losses, liabilities, settlements,judgments, *ages, costs, expenses and fees (including without limitation reasonable attorney's and Ilate attorney's fees) that arise as a result of or in connection with the falsity or inaccuracy of any statement made in the above Affidavit or the breach of any representation or warranty herein made. FURTHER AFFIANT SAYETH NAUGHT. Signed, sealed and delivered The Trust for Public Land in the presence of: By WITNESS day of , 2001. WITNESS