HomeMy WebLinkAboutR-1997-178 RESOLUTION NO. 178-97
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
OPTION AGREEMENT FOR PURCHASE OF REAL PROPERTY BETWEEN
THE CITY OF DANIA AND CASCADE LAND AND DEVELOPMENT
COMPANY FOR PROPERTY LEGALLY DESCRIBED AS: THE SOUTH 148
FEET OF THE EAST 1/2 OF TRACT 11, BLOCK 3 OF SECTION 29,
TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE EAST 25 FEET
THEREOF FOR ROAD RIGHT-OF-WAY, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LAND SITUATE,
LYING AND BEING IN BROWARD COUNTY, FLORIDA; AND THE EAST
172 .25 FEET OF TRACT 11 IN BLOCK 3 OF SECTION 29,
TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE SOUTH
544 FEET THEREOF; AND ALSO LESS THE NORTH 25 FEET THEREOF
AND THE EAST 25 FEET THEREOF; SAID LANDS SITUATE, LYING
AND BEING IN BROWARD COUNTY, FLORIDA. TOGETHER WITH
REVERSIONARY INTEREST IN SAID NORTH 25 FEET AND SAID EAST
25 FEET; AND COMMENCING AT A POINT 25 FEET SOUTH OF AND
35 FEET EAST OF THE NORTHWEST CORNER OF TRACT 11, BLOCK
3, OF THE SUBDIVISION OF SECTION 29, TOWNSHIP 50 SOUTH,
RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 2 , PAGE 32 , OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, THENCE RUN EAST AND PARALLEL TO THE
NORTH BOUNDARY LINE OF SAID TRACT 11 A DISTANCE OF 604
FEET; THENCE RUN SOUTHERLY AND ALONG THE EAST BOUNDARY OF
SAID TRACT 11 A DISTANCE OF 207 . 94 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTHERLY A DISTANCE OF 296
FEET; THENCE RUN WESTERLY AND PARALLEL WITH THE SOUTH
BOUNDARY OF SAID TRACT 11 A DISTANCE OF 319. 19 FEET;
THENCE RUN NORTHERLY A DISTANCE OF 296 FEET; THENCE RUN
EASTERLY A DISTANCE OF 319.35 FEET TO THE POINT OF
BEGINNING, LESS THE EAST 25 FEET THEREOF, FOR A ROAD
RIGHT-OF-WAY. SAID LANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA; ALSO KNOWN AS LOTS L AND K OF
UNRECORDED PLAT OF TRACT 11 AND 13 OF BLOCK 3, OF SECTION
29, TOWNSHIP 50 SOUTH, RANGE 42 EAST FOR SALLY L. WHITE;
AND THE NORTH 100 .18 FEET OF THE SOUTH 544 FEET OF THE
EAST 172 .25 FEET OF TRACT 11 IN BLOCK 3 OF SECTION 29,
TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. LESS AND EXCEPTING
THEREFROM THE EAST 25 FEET THEREOF. SAID LANDS SITUATE,
LYING AND BEING IN BROWARD COUNTY, FLORIDA; AND THE NORTH
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100 .22 FEET OF THE SOUTH 544 FEET OF THE EAST 1/2 OF
TRACT 11 IN BLOCK 3 OF SECTION 29, TOWNSHIP 50 SOUTH,
RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THE EAST
172 .25 FEET THEREOF. TOGETHER WITH THE WEST 27 .25 FEET
OF SAID EAST ONE-HALF OF LOT 11, LESS THE SOUTH 544 FEET
THEREOF AND ALSO LESS THE NORTH 25 FEET THEREOF; AND THE
WEST 1/2 OF LOT S, IN BLOCK 3, LYING SOUTH OF THE DANIA
CUT-OFF CANAL, AND LESS THE SOUTH 21 FEET THEREOF, OF
MARSHALL EVERGLADES SUBDIVISION IN SECTION 29, TOWNSHIP
50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 2, AT PAGE 32, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, SAID LANDS SITUATE,
LYING AND BEING IN BROWARD COUNTY, FLORIDA. THE PROPERTY
IS GENERALLY LOCATED AT S.W. 3OTH AVENUE AND S.W. 45TH
STREET IN THE CITY OF DANIA; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania is in the process of purchasing a
parcel of real property in the western area of the city for the
purposes of constructing and operating a fire rescue facility; and
WHEREAS, Cascade Land and Development Company is offering for
sale a parcel of vacant real property of approximately five acres
which the City of Dania can utilize for its fire rescue facility;
and
WHEREAS, the city commission of the City of Dania wants to
place an option on the subject real estate while it conducts
engineering and feasibility studies to determine whether the fire
rescue facility can effectively operate from the subject location.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
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Section 1 . That the Option Agreement for purchase of real
property between the City of Dania and Cascade Land Development
Company, a copy of which is attached hereto and marked Exhibit "A",
be and the same is hereby accepted and appropriate city officials
are hereby authorized to execute same.
Section 2 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict .
Section 3 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 9TH DAY OF DECEMBER, 1997 .
YOR-COMMfSSIO R
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ATTES
CLERK-A O
APPRO A TO FO CORRECTNESS:
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CITY ATT Y
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OPTION TO PURCHASE REAL PROPERTY
THIS OPTION AGREEMENT entered into on the undersigned date in
Broward County, Florida between CASCADE LAND AND DEVELOPMENT
COMPANY, INC. (herein after referred to as "CASCADE") as
Seller/Optionor and the CITY OF DANIA, a municipal corporation of
the State of Florida (herein after referred to as "CITY") as
Purchaser/Optionee.
WHEREAS, CITY is desirous of purchasing certain hereinafter
described real property from CASCADE; and
WHEREAS, CITY must first determine by engineering surveys the
existing condition of the property, the feasibility of the property
and design requirements for a multiple use fire rescue facility and
must obtain financing for construction of said facility; and
WHEREAS, CITY after making such determinations can then
provide for the necessary capital expenditures for purchase of the
real property and construction of improvements thereon.
IT IS therefore agreed as follows:
1. OPTION PERIOD:
CASCADE hereby grants to CITY on option to purchase the
real property for a period of sixty days commencing on
the undersigned date both parties hereto have executed
this agreement and ending at 5: 00 p.m. sixty days from
said date.
2 . REAL PROPERTY:
The property for which this Option is granted is legally
described as follows:
The South 148 feet of the East 4 of Tract 11, Block 3 of
Section 29, Township 50 South, Range 42 East, Less the
East 25 feet thereof for road right-of-way, according to
the Plat thereof, as recorded in Plat Book 2, Page 32, of
the Public Records of Dade County, Florida, land situate,
lying and being in Broward County, Florida; and the East
172 . 25 feet of Tract 11 in Block 3 of Section 29,
Township 50 South, Range 42 East, according to the Plat
thereof, as recorded in Plat Book 2, Page 32, of the
Public Records of Dade County, Florida, less the South
544 feet thereof; and also less the North 25 feet thereof
and the East 25 feet thereof; said lands situate, lying
and being in Broward County, Florida. Together with
EM I BIT "A"
reversionary interest in said North 25 feet and said East
25 feet; and commencing at a point 25 feet South of and
35 feet East of the Northwest corner of Tract 11, Block
3, of the Subdivision of Section 29, Township 50 South,
Range 42 East, according to the Plat thereof, recorded in
Plat Book 2, Page 32, of the Public Records of Dade
County, Florida, thence run East and parallel to the
North Boundary line of said Tract 11 a distance of 604
feet; thence run Southerly and along the East boundary of
said Tract 11 a distance of 207 . 94 feet to the Point of
Beginning; thence continue Southerly a distance of 296
feet; thence run Westerly and parallel with the South
boundary of said Tract 11 a distance of 319. 19 feet;
thence run Northerly a distance of 296 feet; thence run
Easterly a distance of 319 . 35 feet to the Point of
Beginning, Less the East 25 feet thereof, for a road
right-of-way. Said lands situate, lying and being in
Broward County, Florida. ALSO KNOWN as Lots L and K of
Unrecorded Plat of Tract 11 and 13 of Block 3, of Section
29, Township 50 South, Range 42 East for Sally L. White;
and the North 100 . 18 feet of the South 544 feet of the
East 172 . 25 feet of Tract 11 in Block 3 of Section 29,
Township 50 South, Range 42 East, according to the Plat
thereof, recorded in Plat Book 2, Page 32, of the Public
Records of Dade County, Florida. LESS and excepting
therefrom the East 25 feet thereof. Said lands situate,
lying and being in Broward County, Florida; and the North
100 . 22 feet of the South 544 feet of the East 14 of Tract
11 in Block 3 of Section 29, Township 50 South, Range 42
East, according to the Plat thereof, recorded in Plat
Book 2, Page 32 of the Public Records of Dade County,
Florida. LESS and excepting therefrom the East 172.25
feet thereof. Together with the West 27 . 25 feet of said
East one-half of Lot 11, Less the South 544 feet thereof
and also less the North 25 feet thereof; and the West 4
of Lot 8, in Block 3, lying South of the Dania Cut-Off
Canal, and Less the South 21 feet thereof, of MARSHALL
EVERGLADES SUBDIVISION in Section 29, Township 50 South,
Range 42 East, according to the Plat thereof, as recorded
in Plat Book 2, at Page 32, of the Public Records of Dade
County, Florida, said lands situate, lying and being in
Broward County, Florida and consisting of approximately
4 . 95 acres.
The property is generally located at S.W. 30th Avenue and
S .W. 45th Street in the CITY OF DANIA.
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3. PURCHASE PRICE:
The purchase price for said real property shall be up to
Two Hundred Twenty Thousand ($220, 000) Dollars and shall
be paid in full at closing.
4 . EXERCISE OF OPTION:
The CITY shall exercise this option by sending its
written election to CASCADE at anytime during the option
period by express mail or other courier service or by fax
addressed to Cascade Land and Development Company c/o
Michael Nuckles Realty, 4280 Galt Ocean Drive, Fort
Lauderdale, Florida 33308, fax (954 ) 566-2133 .
5. PURCHASE CONTRACT:
The purchase contract shall be the Realtors Association
of Hollywood-South Broward, Inc. contract for sale and
purchase of real property with vacant land rider, a copy
of which is attached hereto and the terms of this Option
Agreement shall be incorporated into said contract form
and shall supersede any conflict therewith.
6. OPTION MONIES:
CITY shall send payment to CASCADE of One Thousand
Dollars ($1, 000) for this Option within five (5) business
days after this agreement is delivered to CITY executed
by both parties. In the event CITY elects to purchase
the real property under this Option, the option money
shall be applied to a portion of the purchase price. If
the Option is not exercised, the option money is not
refundable.
7 . ENVIRONMENTAL REQUIREMENTS:
CITY shall be entitled to make an engineering
environmental Phase I and II Survey of the property, and
if the surveys determine it necessary, a Phase III
survey. If the surveys determine it necessary to meet
governmental (by agencies having jurisdiction) standards
by removing hazardous waste or other required
environmental clean-up; then it shall be the
responsibility of CASCADE to complete such clean up
before closing or at CITY' s election to escrow a
sufficient portion of the purchase price to pay for such
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environmental clean up after closing. If the cost of
clean up shall exceed ten percent (10%) of the purchase
price, CASCADE shall have the option. to cancel this
Option and the Purchase Agreement by first giving written
notice as provided herein to CITY and CITY shall, within
ten (10) business days after receipt of said notice to
cancel, elect to assume the additional cost of the
environmental clean up by written notice sent as provided
herein or accept this Option cancellation and the Option
monies shall be returned to CITY.
8 . SOIL BORING TESTS:
CITY shall be entitled to conduct soil boring tests on
the property to determine whether the presence of muck or r
other subsurface conditions will adversely affect the
CITY' S ability to construct improvements on the subject
property. If the soil boring tests find the presence of
muck or other conditions which require removal of said
materials or installation of pilings to construct the
CITY' S improvement thereon, then the CITY has the right
during this option period to notify CASCADE in writing
and at the CITY' S option, cancel the Option and the
option monies shall be returned to CITY.
9. FINANCING:
CITY will obtain a new mortgage from an institutional
lender to purchase the subject property under terms
generally prevailing in Broward County at the time CITY
applies for said mortgage. In the event CITY is unable
to obtain financing on the subject property for any
reason, then CITY may terminate this Option by delivery
of written notice to CASCADE during the option period and
the option money shall be returned to CITY and all
parties shall be released from further obligations
hereunder.
10 . CLOSING:
Closing shall be held at the CITY ATTORNEY' S office, Ryan
& Ryan, P.A. , within fifteen (15) business days after
completion by CASCADE of furnishing all title
requirements of the Contract for Purchase and all other
requirements of this Option and the Contract for
Purchase.
11 . INSPECTION:
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CITY shall be entitled, during the Option period and
before closing after exercise of the Option, to make all
inspections and surveys contemplated herein and in the
purchase contract upon the land and the improvements
thereon.
Signed, sealed and delivered
in the presence of: CITY OF DANIA, a Florida
Municipal Corporation
By:
BOB MIKES
Mayor-Commissioner
By:
MICHAEL SMITH
City Manager
ATTEST
MARIE JABALEE
City Clerk-Auditor
APPROVED FOR FORM AND CORRECTNESS
TIMOTHY M. RYAN
City Attorney
STATE OF FLORIDA )
COUNTY OF BROWARD
The foregoing instrument as acknowledged before me this
day of December, 1997 by Bob Mikes, As Mayor-Commissioner and
Michael Smith, as City Manager of the CITY OF DANIA, a Florida
Municipal Corporation, on behalf of said corporation.
Who:
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is personally known to me, (or)
has produced as identification.
Notary Public
My Commission Expires:
Signed, sealed and delivered
in the presence of:
CASCADE LAND & DEVELOPMENT
COMPANY, INC.
By:
STATE OF FLORIDA )
COUNTY OF BROWARD
The foregoing instrument as acknowledged before me this
day of December, 1997 by , as _
of CASCADE LAND AND DEVELOPMENT COMPANY, INC. , on behalf of said
corporation.
Who:
is personally known to me, (or)
has produced as identification.
Notary Public
=, My Commission Expires:
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MICROCOPY RESOLUTION TEST CHART
NA11ONAL BUREAU Of SIANOARDS-j%j.A
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CITY OF DAN IA
RESOLUTIONS
1998
01 =98 TO 194=98
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