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HomeMy WebLinkAboutR-1975-083 ' it �® 3 RESOLUTION NO. 83 A RESOLUTION TO THE BROWARD COUNTY COMM- ISSION REQUESTING THE WAIVER OF 1974 REAL L: PROPERTY TAXES ON REAL PROPERTY DESCRIBED OF THE AS THE SOUTHEAST ONE-QUARTER (SE 4) SOUTHWEST ONE-QUARTER (SW4) OF THE NORTH- a I' WEST ONE-QUARTER (NW4) OF SECTION 2 , TOWN- SHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUN- TY, FLORIDA. I, !, WHEREAS the City of Dania did contract on the 20th day rchase of certain land for use as a of December, 1973 for the pu I 'I municipal park and, WHEREAS such property was purchased by Deed on Febru- ary 21, 1974 in accordance with the aforementioned agreement and, WHEREAS , the property was continuously used for a muni- ose from the 20th day of December, 1973 . cipal park purp NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the City Commission of the City of I Dania, Florida requests that the following described property be ` jexempted from ad valorem taxes for the year 1974 by the Broward County Commission for the County of Broward as provided in Flori g for the exemption of property taxes da Statute 196 .199 providin of property owned by municipalities on the basis that such proper- sed for municipal purposes on January 1, 1974, hav ty was being u 1 ing been purchased by Contract on December 20, 1973 as consumated ' i by Deed, dated February 21, 1974, as attached hereto, all is per- tained to the following described property: The Southeast One-Quarter (SE4) of the South- west One-Quarter (SW4) of the Northwest One- Quarter (NW4) of Section 2, Township 51 South, Range 42 East, Broward County, Florida. Section 2 . That all resolutions , or parts of resolu- tions, in conflict herein are herewith repealed to the extent of i such conflict . Section 3 . That this resolution shall be in force and � i 1 J i a g a on its passage and adoption. jtake effect immediately upon PASSED and ADOPTED this 21st day of April, 1975. Mayor-Commissioner '1 Attest: `City Clerk- uditor i j j j i i I I i i �I i i it I I , {1 A G R EE p�N T i THIS AGREEMENT, made and entered into this y - day of December, 1973, by and between 9 i ) r STEFAN H. ZACHAR and ➢OROTHY LAppE ZACHAR, husband and wife, i and i j J. W. MOFFITT and DOROTHY B. MOFFITT, !) husband and wife, ( with all of said parties being I ( sometimes referred to herein- ) ( after collectiveiy as "sellers" ) , and CITY OF DANIA, a Florida municipal corpo- ration (which is sometimes referred to hereinafter as "Purchaser") , W I T N E S S E T H• I WHEREAS, the sellers own the lands which are hereinafter described; and i I WHEREAS, the purchaser desires to purchase said lands; and WHEREAS, the , y g j purchaser, b its undersigned officers was authorized to enter f i into the within Agreement at a meeting of the City Commission of the City of Dania, ' Florida, held on November 19, 1973; and WHEREAS, the parties wish to reduce their understandings to writing, NOW, THEREFORE, for and in consideration of the sum of Ten and no/100 Dollars i ($10.00) paid by the purchaser to the sellers, receipt of which is hereby acknowledged, �• KNOW ALL MEN BY THESE PRESENTS AS FOLLOWS: i t a The sellers agree to sell to the purchaser and the purchaser agrees to pur- chase from the sellers the following described lands situate, lying and being in Broward County, Florida, to wit: ' The Southeast One-Quarter (SE-1/4) of the Southwest One-Quarter (SW-1/4) of the North- west One-Quarter (NW-1/4) of Section 2, i Township 51 South, Range 42 East, Broward County, Florida. II. As a deposit on account of the purchase price of said property, the purchaser shall pay a deposit of Twenty-five thousand and no/100 Dollars ($25,000.00) to Walden i and Dubow (referred to herein as the escrow agent) which shall be held in escrow pend- ing the closing of the transaction. The purchase price of the property shall be Two ..pundred fifty thousand and no/100 Dollars ($250,000.00) . At time of closing, Fifty .thousand and no/l0o Dollars ($50,000.00) shall be paid in cash (and the deposit held '• - ' -1- i r by the escrow agent shall be deemed to be part of said Fifty thousand and no/100 , 3� Dollars ($50,000.00) . The balance then due, namely, Two hundred thousand and no/100 i i Dollars ($200,000.00) , shall be evidenced by two separte certificates of indebtedness ) to be issued by the purchaser. Each of said certificates shall be in the principal sum of One hundred thousand and no/100 Dollars ($100,000.00) , shall bear interest at the rate of six and one half per cent (6-1/28) per annum, shall provide for annual j i � payments of interest and shall provide for ten (10) equal annual principal payments , of Twenty thousand and no/100 Dollars ($20,000.00) each. One of said certificates of indebtedness for One hundred thousand and no/100 Dollars ($100,000.00) shall be issued to Stefan H. Zachar arrl Dorothy Lappe Zachar, husband and wife, and the remain- ing certificate of indebtedness shall be issued to J. N. Moffitt and Dorothy B. Moffitt, husband and wife. Said certificates shall allow for the right of prepayment without i penalty. i III. The said certificate of indebtedness shall be secured by a valid assignment of the proceeds due City of Dania under a franchise with Florida Power and Light Company, ! 1 in accordance with Ordinance No. 308 of the City of Dania, Florida. A photocopy of such i • .y j ordinance is attached. i 4 J 1 { Closing shall take place on or before January 31, 197y" At time of closing, ± the sellers shall deliver a good and sufficient warranty deed to the above property. 1 The deferred balance shall not be secured by any type of real estate mortgage. The { j transaction shall be contingent upon the sellers obtaining a legal opinion to the effect i that City of Dania has lawful authority to issue the aforesaid certificates of indebted- j l �- ness with such opinion to further determine that said certificates are proper obligations J y of City of Dania, Florida. j a V. The closing shall also be subject to the following terms and conditions: ( i Trier,insurance,intrrat,urnrmrnu,emu and other expenses or revenue of road property shall be paid.assumed or pro-rated at follows: ..._._._..._......... ___ Certified tarns shall be paid,assumed or Pre+atrd W folfatar�sU ur=—e b QSS.........._.__.._. assummed by purchaser .___.__ Pending lime,hall be paid,Wmmrd or pre+atrd W la!Iawe..___._._.._--------._......_ It it understood and agreed Ihcl this properly is being sold and pa,chrsed rub%eel to she"Wirnont and lionesses'"'of record[ammo.to the neighborhood,and subject to any eelements for Puhljr utilst,rt,which may be of re and ar maybe• cas� due tome lien,through Pending legislation before eomumm"I""of"at'arl. at C1Ou It u agreed that this transaction shall br cloud and the purchaser shall Pry the balance of she._..__.. .. it13.__. and execute all Paper,necumry to be executed by him for the camplehan of his furchae uiih,n from delivery or lender to him of as ab,:red of the said propery^athert:.'ue the sum!nu day l:id shell de rrA:ind by the seller or agent ar liquidated and agreed damage,,end the Parties herelo+hall be rthrcvd from all oA!igr,nuns under lhil mitrummt. The sell,,u to furnish an r5ihac,shoeing his title to be goad end merieteAle and or imumh!r,but in fh:event than the title lhall nos he fo.,J goad a.d nrrietable,seer stile,over,,souse reanneb!t dtiigrnce to mate the tad tide good and marlemb t,and shall hmv a rtc+aach:,time to do so,end if after reasonable diligence on his piss sad tide shall at br made goad and marketable 6th:n a reasonable lime,the,lC",hrfl return the money this day P:id and all -only, that may Awe been pail to him under Me,contract,and there";on he,hall be rdeued from all ooi,gabons hereunder.Or,upon request of the punch-er,he sh:U deliver the title in its exunng condition. Thu,ontreu,hall be bmd,ng upon both fattier,the,eller and the Purchaser,their heirs,ex«utarl or Weigle,whin approved by the-o.a of the Property about desmbed i i Ll i -2- 74- 57623 - :.. esecuti 7i 1 I I I lik instrumel. , :epared by I�p �` uiv ins Fo,rn.; Clarke Walden J / � u' c/o Walden and Dubow ,27- '1d� e �' Attorneys at Law The Dania Bank Building 255 East Dania Beach Boulevard .S (Th. u,m, •, ,,,,,, a�J "y . ,..' A.u.. ,A,11 A, aan.,.o.J Dania, Florida 33004 + ,v mduJ, all y.n J,r, anJ un,ulu.r plurJ a ,M rvn.•u in L.u.,., i ! I ,a Made this tay,,f February 1974 Nettaren { STEFAN H. ZACHAR, a married man, joined by his wife, DOROTHY LAPE ZACHAR, also known as DOROTHY LAPPE ZACHAR, ofthv Countyof Dade ,Stateof Florida ,grantor.and CITY OF DANIA, a municipal corporation organized and existing under the laws of Florida, I urld,cepost-ufficeaddres.sis C/o City Hall , Dania, Florida of the County of Broward ,State of Florida ,grarb , Mtnt!5004: That said grantor,for and in consideration of the sum of Ten and no/100----Dollars,and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is heir urknowledged, has granted, bargained and sold to the said grantee,and grantee's heirs,successors and assigns foretyg, the following described land,situate,lyingandbeingin Broward County,Florida,to-bM: The Southeast One-Quarter (SE-1/4) of the e Southwest One-Quarter (SW-1/4) of the North- N west One-Quarter (NW-1/4) of Section 2, �+ Township 51 South, Range 42 East, said lands a ^ situate, lying and being in Broward County, j s a Florida. � N ' Qc rw o } Z < 2 � F O —' � � o ZZ ap o '!vOCIJMENTA.RY JAFAr TAXI N \ Cc T OF REVENU °4 I 1i ni _ _ — tea, :?. L = ,Z� f.r =NaRl97 ,>-•'' 75 0. Q 0 +I a...m/ ) cJ ..,..,i I� I J~iJ i _ N ILo20 - �:�_�✓ I , i Y I 1 and said grantor dyes hereby fully wa"ant the title to said to rid,and will defend the same against the lawful claims of all persons whomsoever. 3tt MUnt" 94rreaf, Crpntor has hereunto set grantor's hand and seal the day and year first above written. Signed,seal and deliver rllflr,�w resence: / �� ��lY� •� ✓ ��' Fl �GL�,VLCC (seal) 1p o >>^c-- e / "t ✓ � ) 'c C!_ > ri i ii Q i(Sea!) DOROTHY LAF4ZAufiA�al-o known 0 3 i' as Dorothy appe Zachar 3 -- -------- -------- ------ (Seal) RE'w^17^c:D i7 iNE FF!J.Ii. P,E^�1R95 i31;C� _ — _ �•• > .,\t?��i'— —__________ �— v o 1l:rtiY aTv ice— —(Seal) o '.. E. ?. STROBEL G- °g. ;STATE OF, FLORIDA/ „ca;t M;!Nran Oat i �.¢' ' :'Cr7dN`!'YfJFt" %ac-•,;��J Ira 'l HEREBY CeRTIFY that on this day before me,an officer duly qualified to take acknowledgments,personally appeared G: C3 . _O, ; CP o STEFAN H:•_.ZACHAR, a married man, joined by his wife, DOROTHY LAPE a� •ZACHAR; %.also known as DOROTHY LAPPE ZACHAR, i tu,ine'agiswrl,tole-the person(.$) described in and who ereculed the foregoing instrument and acknowledged before me Jtler3ecudorrofsuine. 1 lt'1TNESSaiy hand and official iinthvCnuntyundSlatelrutafwesaidthas .c7t� 4dayof�eb uary, i 1974. J I UE 609 val Notary Public !% N commission erpirerc. ...