HomeMy WebLinkAboutR-2013-065 Executed a Tri-Party Agreement with Broward County & Rolly Marine Service Company for a portion of property located at Secret Woods Nature Park & Western Boundary of Rolly Marine Service RESOLUTION NO. 2013-065
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A TRI-PARTY AGREEMENT WITH BROWARD COUNTY AND
ROLLY MARINE SERVICE COMPANY, A FLORIDA CORPORATION,
PERTAINING TO A PORTION OF REAL PROPERTY LOCATED ON THE
EASTERN BOUNDARY OF SECRET WOODS NATURE PARK AND THE
WESTERN BOUNDARY OF ROLLY MARINE SERVICE COMPANY;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That the proper City officials are authorized to execute a tri-party Agreement
with Broward County and Rolly Marine Service Company, a Florida corporation, pertaining to a
portion of real property located on the eastern boundary of Secret Woods Nature Park and the
western boundary of Rolly Marine Service Company. A copy of the Agreement is attached as
Exhibit"A", and is incorporated into this Resolution by this reference.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED on June 25, 2013.
ATTEST:
leer LOUISE STILSON, CM W ER UKE III
CITY CLERK MAYOR
^s
APPROVED AS T i
M CORRECTNESS: f
THO J. B O ,
CITY ATTORf4EY A 1
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AMMENWff
Ibis Agreement(the"Agreement")is entered into upon the Effective Date(as defined below)by
and among 'Broward County, a political subdivision of the State of Florida (the "County'),
having an address of Broward Camay Governmental Center, 115 South Andrews Avenue, Fort
Lauderdale, Florida 33301; the City of Dania Beach, Florida, a Florida municipal corporation
(the "City"), having an address of 100 West Dania Beach Boulevard, Dania Beach, Florida
33004,and Roily Marine Service Company,a Florida corporation("Rolly'), having a principal
address of 2551 State Road 84, Fort Lauderdale, Florida 33312; all parties being located in
Broward County,Florida.
RECITALS
A. Broward County has certain right,title and interest in and to the real property located in
Broward County,Florida,and more particularly described in Exhibit"A-attached to and made a
pact of this Agreement (the "County Property"). The County Property is a strip of land
comprised of approximately Sixteen Thousand Eight Hundred Fifty-Seven (16,857) square fat
that is located within and along the eastern boundary of Secret Woods Park,a County park(the
"Park', which Park is located within the City's corporate limits. The vast majority of the
County Property has, since 1973, as a result of a surveyor's error,been developed and used by
Roily in connection with its business operations. Because the County Property has not been used
by the public, and is substantially paved over and built upon, the County Commission believes
the property is not needed for County purposes,.and that it is in the best.interest of the County to
enter into a dree-party transaction on the berms and conditions outlined below.
B. Roily is the foe owner of certain real property located in Broward County, Florida, and
more particularly described in Exhibit"B-attached to and made a part of this Agreement (the
"Roily Property"). The Roily Property is vacant land comprised of approximately Fifty-Four
Thousand One Hundred Twelve (54,112) square feet adjacent to the Pine Island Ridge Nature
Area.
C. The City desires to acquire the County Property for purposes consistent with protection
of the Park. The City has determined that such acquisition serves important public interests.
D. The County desires to acquire the Roily Property to be used for"Park Purposes,"as that
term is defined in Section 8.13 of the Broward Canty Chatter. The Canty is willing to convey
the County Property to the City in return for conveyance of the Rolly Property from Roily to the
County,on the terms and conditions outlined below.
NOW, THEREFORE, for good and valuable consideration, the rapt and sufficiency of which
are hereby acknowledged,the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct, and they are incorporated in this
Agreement by reference.
2. Effective Date, The Effective Date of this Agreement is the date upon which it has been
fully executed by Roily,the City and the County.
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3. Parties' Actions after Bffedive Date. After the Effective Date,Roily shall take no action
that would encumber title to,result in a lien being placed upon, or take any action to damage,
Possess,or occupy (or permit anyone else to damage, possess, or occupy) the Rally Property.
After the Effective Date,the County shall take no action that would encumber title to,or result in
alien being placed upon,the County Property. The obligations under this paragraph shall cease
upon any termination of this Agreement.
4. Due Dom' 'aenee by Rolh►. Roily acknowledges that any conveyance to it of the County
Property will be subject.to all covenants,conditions,restrictions(Including zoning and land use
restrictions),and other encumbrances of record or that would be revealed by a title examination
or survey of the County Property. Within tbirty(30)days after the Effective Date,Rally shall
investigate, at its own coat and expense,the condition of title to the County Property, and the
physical condition of the County Property,to determine whether both are satisfactory to Roily.
If Roily determines that the condition of title,the physical condition, or both are unsatisihetory,
Roily may terminate this Agreement by seeding notice of termination to the County within such
thirty(30)day period If Roily fails to terminate the Agreement within such period,Roily shall
be deemed to have determined that the County Property is satisfactory to Roily. This thirty(30)
day period from the Effective Date shall be referred to as the"Roily Due Diligence Period"
5: Delivery of Dmuments by Ro y to the CU=and Due Dili�by the County. within
thirty(30)days after the erld of the Roily Due Diligence Period,if Roily has not terminated the
Agreement within the Rally Due Diligence Period,Roily shall procure and deliver to the County,
at Roily's sole cost and expense; the title insurance con ankment, survey, and environmental
assessment outlined immediately below. Roily shall not be entitled to reimbursement of any
expenses it incurs under this Agromient, whether or not the Agreement is terminated by any
party pursuant to the terms of the Agreement.
a. Title Insurance Commitment—Rollyty. Roily shall deliver to the County a
title insurance commitment pursuant to which the title insu w agrees to issue to the
County, upon recordation of the Roily Deed described below,an owner's title insurance
policy in the amount of$250,000.00, insuring the marketability of the title to the Roily
Property, subject only to liens and other encumbrances of record. The subsequently-
issued owner's title insurance policy shall be paid for in full by Roily.
b. Sm m.' Roily shall deliver to the County mmix t surveys (certified to the
County no earlier than thirty(30)days prior to the Bffedive Date)of the Rally Property
and the County Property. Both surveys shall be certified to the County by a land
surveyor or engineer registered in the State of Florida and they shall -set forth at a
minimum the following: (1) a metes and bounds description of each property, (2)
permanent'reference markers at all corners for changes of courses for the perimeter of
each • and 3 the location and d ProP�Y� ( ) ehnneation of all aucroachments, improvements,
easements,or rights-of-way of record or which are revealed b the sure or an oral
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'on of the
inspection property, including any overhead transmission lines, the supporting
structures thereon,and their anchor easements.
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C. Environmental Site Assessment. Roily shall deliver a Phase I Environmental Site
Assessment of the Rolly Property conducted in compliance with American Society for
Testing and Materials(ASDA)Standard El527-05 and 40 C.F.R.Part 312. If the Phase I
Environmental Site Assessment contains a recognized environmental condition or an
opinion that additional appropriate investigation should be conducted or if the County,
upon review of the Phase I,concludes that additional appropriate investigation should be
conducted,.Roily shall deliver a Phase II Environmental Site Assessment conducted in
compliance with ASTM Standard E1903-11. The Phase I and any Phase H
Environmental Site Assessment delivered .shall be certified to the County and shall
include "Broward. County Board of County Commissioners" as a party entitled to rely
Won it. If a Phase II assessment is required,Roily shall have up to an additional forty-
five(45)days to provide it to the County.
The County shall have forty-five (45) days from receipt of the last of the title insurance
canmitment,surveys and Environmental Site Assessment(indu ft the Phase H,if required)to
determine whether the County believes any encumbrance, survey matter, or environmental
condition randen the Roily Property inadequate for Park Purposes, and the County may
terminate this Agreement by providing written notice to Roily, within such forty-five (45)day
period, if it determines the property is inadequate for Park Purposes. The Canty Attorney's
Office is authorized to provide this notice, after consultation with the County Administrator. If
the County fails to terminate the Agreement within that}period, the County shall be deemed to
have determined that the Roily Property is satisfactory to the County. This forty-five (45)day
period shall be referred to as the"County Due Diligence Period"
If the County believes that the Roily Property is inadequate as described above,the County may,
in its.sole discretion,and in lieu of terminating this Agreement within the County Due Diligence
Period, provide Roily with written notice,prior to the and of the County Due Diligence Period,
of each specific inadequacy and give Rolly up to sixty(60)additional days from the date of the
notice to cure the identified inadequacies to the satisfaction of the County(the "sixty(60) day
cure period"). If each specific inadequacy is not remedied to the County's satisfaction within
any applicable sixty(60) day cure period,the County may terminate this Agreement by written
notice to Roily within fifteen(15)days after the end of such cure period
6. Exchange of Properties. If this Agreement has not been terminated by the County or
Rolly as provided above,the Rolly Property and County Property shall be exchanged as follows
and subject to all conditions contained in this Agreement:
8. Within fifteen (15) days after the and of the County Due Diligence Period (as
same may be extended by the sixty (60) day cure period, if applicable), Rolly shall
convey to the County, by special warranty deed, title to the Roily Property (the "Roily
Deed"). The Roily Deed shall be held in escrow by James C.Brady,Esquire,Arnstein&
Lehr,LLP(the"Escrow Agent"),and shall be released from escrow pursuant to the terms
and conditions outlined below. The parties agree to execute any escrow agreement
required by the Escrow- Agent, so long as the terms of the escrow agreement are
consistent with the terms and conditions outlined below. The County Attorney's Office
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is authorized to execute such escrow agreement on behalf of the County. All Aces
charged by the Escrow Agent shall be paid by Rally.
b. Within thirty (30) days after the Escrow Agent receives the Rolly Deed, the
County shell convey by quit claim deed(the"County Deed') all of the County's right,
title and interest in the County Property to the City, which shall promptly record the
County Deed. The County's conveyance obligation is subject to the post-Effective Date
approval of the Board of County Commissioners and compliance with the procedures
stated in Florida Statutes Section 125.37 or 125.38, as the County determines is
applicable.
C. Within thirty (30) days after the City records the County Deed, the City shall
move to adopt a resolution,regarding the County Property,pursuant to Part X. Article 2,
of the City of Dania Beach Charter and Related Laws(the"Resolution"). It is anticipated
that the Resolution will value the County Property at less than$250,000.00,explain wiry
the County Property is no longer needed for City public purposes, contain a statement
declaring the County Property acquired by the City to be surplus real property,and be in
a format substantially similar to the draft resolution attached hereto as Exhibit"C."
d. Not less than thirty(30)days,nor more tfm sixty(60)days,after adoption of the
R&oh&n,'the'County]IN60w y shall be Aked for sale pursuant to rho City of Dania
Beach Charter and Related Laws. The City shall publish notice of the sale in the official
newspaper.for two(2)issues before the date of sale,with the first publication to be merle
not less than ten (10) days before the date of sale, and the second publication one (1)
week after the first publication. The publication shall describe the date the sale bids will
be received and the protests heard,if any.
C. Upon the date of the sale,the City will sell the County Property for cash to the
highest and best bidder. The City,however,may reject any and all bids,pursuant to Part
X,Article 2,of the City of Dania Beach Charter and Related Laws.
f Rolly agrees to submit a sealed cash bid to the City for the County Property. The
bid by Rolly will also include an obligation to construct a security wall of the western
border of the County Property,as well as an obligation to provide fire hose protection in
the same area. The required security wall is further described below.
g. If the City accepts Roily's bid, the City will convey to Rolly by quit claim deed
(the "Subsequent City Deed' all of tine City's right, title and interest in the County
Property. The Subwquent City Deed will be delivered to the Escrow Agent. Upon the
Escrow Agent's receipt of the Subsequent City Deed, Roily's payment of all applicable
costs including those expressly required under this Aft, and Roily delivering to
the Escrow Agent an executed affidavit in the form attached to this Agreement as Exhibit
"W'the following shall occur.
i. The Escrow Agent shall release the Rally Deed from escrow and cause
same to be recorded in the real property records of Broward County;
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I The Escrow Agent shall issue and deliver to the County the owner's title
insurance policy referenced in paragraph 5(a)above;and
iii. After conditions (i) and (H) are met, the Escrow Agent shall release the
Subsequent City Deed to Roily.
IL If the City fails to accept Rolly% bid within thirty (30) days after such bid is
submitted,the City shall reject all bids and promptly take all necessary steps to re-convey
the County Property to the County. Upon the recording of such re-conveyance, the
Escrow Agent shall be authorized to release the Roily Deed from escrow and return it to
Roily,and this Agreement will be deemed terminated ab bddo.
i. The City agrees not to encumber the County Property in any way while it holds
title to such property.
7. C4nveyaM Subject to All Anolioable I.egid Hnuimments. Roily acknowledges that
the proposed conveyances of the County Property to the City and from the City to Roily are
subject to-all applicable legal requirements, including say and all requirements that approvals
I occur at public meetings or hearings. Notwithstanding anything contained in this Agreement to
the contrary,neither the County nor the City is guaranteeing that any such approvalsmill occur.
If any required approval fails to occur,any party may terminate this Agreement in which event
the u n reca rded Roily Deed shall be returned to Roily and, if the County conveyed the County
Property to the City, the City will convey the County Property back to the County. Any such
termination under this paragraph will be deemed a termination ab initio, except with regard to
the return and re-conveyance obligations stated above in this paragraph, which shall survive
termination of this Agreement
S. Construction of the Security Wail. The security wall to be constructed on the western
border of the County Property(the property being conveyed to Roily pursuant to this Agreement)
Is described on the preliminary plans/drawings attached hereto as Exhibit 'E" (these
plans/dmwings are attached for informational purposes only and have not been approved by the
County or City). In order to construct the wall,additional property beyond that currently used by
Roily is included within the County Property to be conveyed. Roily and the County have
worked together to minimize the amount of additional property included within the property to
be conveyed to: (1) minimize the impact on the Park; and (2) avoid, where possible, and
otherwise minimize,impacts on trees and wetlands. Despite these efforts,the construction of the
wall may impact some wetlands and trees. Roily shall obtain any and all required permits
necessary to construct the wall, including any permits required for any necessary tree/wedand
removal or cutting. Rally shall, at its sole cost, pay for any necessary tree/wetland
removal/cutting and for any treelwedand-related mitigation required by the County,City or other
regulatory authority. Wetland impacts are within the jurisdiction of the County. Because any
tree impacts will not occur until the County Property is conveyed to the City or Roily, tree
impacts will be within the jurisdiction of the City. Roily represents and agrees that the security
wall will be built on property curently owned by Roily or to be conveyed to Roily pursuant to
this Agreement,and that Rolly will not,in connection with its construction of the wall,cause(or
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permit to be caused)any damage of any kind to the remaining land,trees or wetlands within the
Path. If any such damage occurs, Rally will reimburse to County, in full, for the cost of .
restoring the damaged property to its condition prior to the construction of the wall. During its
construction of the wall, Roily may temporarily access that portion of the Park immediately
adjacent to the wall (up to five (5) foot into remaining Park property) solely for purposes of
stuccoing and painting the exterior of the wall(golly shall leave no materials on, or cause any
damage to, this adjacent area). Ail construction of the wall shall take place on Roily property
CmcludinS that property conveyed to Rolly� and shall not cause any impact to any remaining
Pack property.
9. In designing the security wall,Rolly shall take all necessary steps to ensure that any Ma-
off or discharge from Roily property (after conveyance of the County Property to Rally) onto
remaining Park property will be eliminated. Roily will design the wail in such a way that grade
changes betweem Roily property(after the conveyance)and Park property will not result in run-
off onto or erosion of the Park property. Additionally,Roily will provide its final wall plans and
drawings to the County prior to construction of the wall and, prior to cenhmencing such
construction,must obtain the County Parks Director's written consent to the aesthetic appearance
of the wall which will be facing the Park, which consent:shall not be unreasonably withheld.
Roily shall also obtain any and all required permits from the City prior to wall construction.
10. $oBy to Pay for Any and All Recording and Transfer Charges. Roily agrees to pay any
and all recording and transfer charges(including any and all required documentary stamps and
intaaghblo taxes)in connection with each of the conveyances contemplated by or resulting from
this Agreement. If another party to this Agreement pays any such charges,Roily shall reimburse
that party within fifteen(15)days after demand for reimbursement is made.
11. Pronertv Taxes. The County Property is immune from ad valorem taxation. When it
becomes subject to such taxation,Roily shall accept the County Property subjeato all taxes due
and owing. With regard to the Roily Property, Roily shall,in accordance with Florida Statutes
Section 196.295,place in escrow with the Broward County Revenue Collection Division,prior to
Roily's recording of the County Deed, an amount equal to currant taxes prorated to the date of
transfer of title to the County(as stated'on the Roily Deed) based upon the current assewment
and millage rates on the Roily Property.
12. Release. Dismissal and Reservation of Rights in Event of Termination. Effective
immediately upon its recording of the Subsequent City Deed,Roily releases the County from any
and all claims it has or may have against the County(or any current or former County officer or
employee)in connection with the County Property and any real or personal property related to it.
Upon such recording, Roily shall file a Notice of Voluntary Dismissal with Prejudice in the
matter of Roily Marino SwAm Comuanrv. Broward CougiL 17&Judicial Circuit Case No. 1I-
26274 (03). That Notice shall reflect that each party shall bear its own costs and fees in
connection with the litigation.
In the event this Agreement is terminated prior to recording of bath the Subsequent City Deed
and Roily Deed,the fact that the parties entered into this Agree meW shall not affect any claim,
remedy or defense the parties bad in the litigation prior to entry into the Agreemen.
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13. Time of the Essence. Time is of the esseaoe with regard to all time periods provided for
in this Agreement.
14. Public Disclosure. Rolly agrees that at least ten (10) days prior to executing the Rolly
Deed, in accordance with Florida Statutes Section 286.23, it shall make a public disclosure in
writing, under oath, and subject to the penalties prescribed for perjury, which disclosure shall
state the name and address of Rolly, and the name and address of every person having any
beneficial interest in the Rolly Property.
15. Broker's Commission, Rolly represents and warrants that it has dealt with no broker and
agrees to hold the County and City harmless from any claim or demand for commissions made
by or on behalf of any broker or agent of Rolly, in connection with any transaction required
under this Agreement. Rolly agrees to pay any and all real estate commissions due.and owing in
connection with such transactions.
16. No party to this Agreement may assign or transfer this Agreement,in whole
or in part,without the prior written consent of the other parties..
17. Persons-Bound. The Agreement shall inure to and bind the respective heirs, personal
representatives, successors and assigns (where assignment is permitted) of.the parties to this
Agreement. Whenever used, the singular number shall include the singular and the plural, and
the use of any gender shall include all genders.
18. Survival of Covenants and Special Covenants. All covenants, grants, representations,
and warranties contained in this Agreement shall survive closing and recording of the respective
deeds,unless any provision of this Agreement expressly provides to the contrary.
19. Waiver, Governing Law and Venue. Failure of any party to insist upon strict
performance with any provision of this Agreement, or to exercise aay right contained in it,shall
not be construed as a waiver or relinquishment of that provision or right. None of the conditions,
covenants or provisions of this Agreement shall be deemed waived or modified, except by the
parties to it in writing. This Agreement shall be interpreted and construed in accordance with
and governed by the laws of the State of Florida. Exclusive venue for any litigation concerning
this Agreement shall be in the 176 Judicial Circuit in and for Broward County, Florida. BY
ENTERING INTO THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY WANE
ANY AND ALL RIGHTS ANY PARTY MAY HAVE TO•A TRIAL BY JURY OF ANY
CIVIL LITIGATION ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS
AGREEMENT.
20. Entire Agreement: Modification. This Agreement incorporates and includes all prior
negotiations, correspondences, conversations, agreements or understandings applicable to the
matters contained in it, and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be
predicated upon any prior representations or agreements, whether oral or written. This
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Agmxa may be modified only in writing and approved in the same manner in which this
Agreement was approved.
21. Further Undldajb& The parties agree that each shall cooperate with the othms in good
faith and shall waect any mathematical errors, execute such further documents and perform
such further acts as may be reasonably necessary or appropriate to carry out the purpose and
intent of this Agreement.
22. Notice. All notices required or otherwise appropriate under this Agreement shall be sent
as follows.
Notice to the County shall be sent by e-mail to:
Purvi Bhogaite, Director of the Coumty's Real Property Division at
pbhogaital�2a bmwaid.org, with a copy to Andrew Meyers, the County's Chief Appellate
Counsel,at maomm i?broward.om
Notice to the City shall be sent by certified mail,return receipt requested,to:
Robert Baldwin,City Manager, 100 West Dania Beach Blvd., Dania Beach,FL 330040
with•a copy to Tom Ansbro, City Attorney, 100 West Dania Beach Blvd, Dania Beach,
FL 33004
Notice to Rolly shall be sent by e-mail to:
Greg Poulos,Rolly's General Manager,at$1gg(g�.mllymarine.com,with a copy to Justin
Leto,Rolly's attorney,at jleto aC lletolaw.com.
A party may designate different representatives to receive that party's notice by providing notice
of the new representatives,moludng their applicable email or physical addresses.
All email notices shall be deemed effective upon sending; regular mail notice shall be deemed
effective upon delivery.
23. Representation of Aurthority. Each individual exeouting this Agreement on behalf of a
party to this Agreement represents and warrants that he or she is,on the date he or she signs this
Agreement,duly authorized by all necessary and appropriate action to execute this Agreement on
behalf of such party and does so with full legal authority.
24. Execution. This document may be executed in multiple copies, each of which shall be
deemed an original.
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IN WITNESS WHEREOF,the parties have made and executed this Agreement on the respective
dates under each signature: BROWARD COUNTY, through its Board of County
Commissioners,signing by and through its Mayor or Vice Mayor,authorized to execute same by
Board action on the ►c..( day of 2013; the CITY OF DANIA BEACH.
FLORIDA, through its City Commission, sigMg by and through its Mayor, Walter B. Duke, III
authorized to execute same by Commission action on the day of . 2013;
and ROLLY MARINE SERVICE COMPANY, signing by and through its General Manager,
Greg Poulos,duly authorized to execute same.
BROWARD COUNTY
ATTEST: BROWARD COUNTY,through its
OF COUNTY COMMISSIONERS
By:
r� _ County Administrator, Mayo 1� ice-Ma
"� as Ex-officio Clerk of the
Broward County Board of jq�day of 2013
County Commissioners
Approved as to for"legal sufficiency:
.......I s49.1f0
�- Joni Armstrong Coffey .
-k • y Bmward County Attorney
s Z r CREAjgp to : Govermpent Center,Suite 423
0 • CT 1st o; 7a_= 115 South Andrews Avenue
O :>o O 915 • y s Fort Lauderdale,Florida 33301
?v = Telephone: .(954)357 7600
•'�;�a COU0. Telecopier. (954)357-7641
By:
Andrew J.Mey Chief Mpellate Counsel
9
CITY OF DANIA BEAM FLORIDA,a Flor[da Municipal corporadon
V�VI1TrFSSFS:
WALTER B. DUKE, III
MAYOR
Sim Dated on .2013
PRINT Name
S*iatum
PRINT Name ATTEST:
LOUME SMSON,CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
THOMAS J.ANSBRO
CITY ATTORNEY
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ROLLY MARINE SERVICES COMPANY,a Florida corporation
WTrNESSES:
VMN 1 Si Greg Pomfos,General Manger
�I-1�Ah K A ou v%
Witness 1 Prhtfl�gxName
Witness 2 Sign
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Witness 2 ame
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EXEaBTT"C"
RESOLUTION NO.2013-
A RESOLUTION OF THE CITY COh IISSION OF THE CITY OF DANIA
BEACH, FLORIDA, DETERMINING THAT. A PARCEL OF REAL
PROPERTY LEGALLY DESCRIBED IN 8XB1BIT"A"(A COPY OF WHICH
IS ATTACHED AND INCORPORATED INTO THIS RESOLUTION BY THIS
REFERENCE), IS SURPLUS PROPERTY; CONFIRMING THAT AN
APPRAISAL OF THE REAL PROPERTY HAS DEI RMIIdBD THE VALUE
OF THE PROPERTY IDENTIFIED IN EKHIBIT "A'; AUTHORIZING
NOTICE OF SALE TO THE PUBLIC TO BE PUBLISHED AND PROVIDING
FOR RECEIPT AND ACCEPTANCE OF SEALED BIDS, ALL AS
PRESCRIBED BY PART X, ARTICLE 2, OF THE CITY CHARTER;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE..
WHEREAS,Part X,Article 2,of the Charter of the City of Dania Beach autborim the
City Commission to exchange, sell or convey real property acquired by the City if it is
determined by the City Commission to be surpim real pmpedr,and
WHEREAS, the City has determined that a parcel acquired from Broward County
should be determined to be surplus and offered for sale to the public;and
WHEREAS,the land has not been used by the City,and is not needed for City purposes;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMIVIISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Seedon 1. That the parcel described in Exhibit "A" is determined to be surplus
property. The improvements on the property are described In Exhibit"A".
Section L. That an appraisal of the real property by a qualified state certified real
estate appraiser determined the value of the property to be as shown in Exhibit"A".
Secdon 3. That the City.administration is directed to offer the parcel for sale to the
public and receive sealed bids,pursuant to the procedure specified in Part X,Article 2,Section 2
of the C'rtY Charter.
That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section S• That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on ,2013.
14
ATTEST:
LOUISE SIMSON,CMC PATRICIA FLURY
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J.ANSBRO
CITY ATTORNEY
EXH>B1T"A"(to be attached to resolution)
(Legal Description,street address and apprabal value of Parcel);description of
improvements located on the Parcel(See Part X,Article 2,Section 1 of the City Charter)
15
EXHIBIT"D"
NO LIEN AFFIDAVIT AND INDEMNITY
STATE OF FLORIDA )
)SS.
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally appeared Greg Poulos, as General
Manager of ROLLY MARINE SERVICES COMPANY(the"Affiant"),who, being by me first
duly sworn,deposes and says:
I. That Affiant is the owner of and has fee simple title to the following described property
(the"Property"),lying and being in the County of Broward,State of Florida,to-wit-
SEE ATTACHED EXHIBIT"1'_'
2. That the Affiarrt has not sold,transferred,assigned or conveyed title to the Property prior
to the transfer to Broward County,Florida
3. 'That the Property and all improvernents thereon are free and clear of all mortgages,liens,
taxes, waste, water and sewer charges, enaimbrances, judgments and claims of every
nature whatsoever except for real estate taxes for 2013.
4. That no legal action,Iternal Revenue Service claims or State tax claims are pending or
threatened that l ripen into alien or encumbrance on the Property or the
improvements
S. This Affidavit is made for the purpose of inducing Broward County to part with valuable
consideration,and the County is materially relying on the veracity of the contents hereof.
The title insurance company selected b the Co is the ions in
Y �Y nlY�B� �
issuing title insurance. In this regard, the Affiant represents and warrants that the
statements contained herein are trio and correct in all respects.
6. That for at least ninety(90) days prior to the date he=4 no material, labor or services
have been furnished, performed or supplied in connection with the Property, including
the impmvements located th=on, for which payment has not been made in full; no
material,labor or services have been contracted to be furnished,performed or supplied at
a future date in connection with the Property, including the improvements looted
thereon, for which payment has not been made in full; and there are no unpaid
mechanics', materialmen's or other liens affecting the Property or actual or potential
claims on account of any such material,labor or services.
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
16
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 individuals) are m
control and possession of the
property.
9. Affiant represents and warrants that between the date of the title insurance commitment it
obtains for the benefit of the County,prepared by James Brady,and the date on which the
deed to the Property is placed of record, Affiant has not and will not execute an Y
instruments or take
an actions that could Y adv steelY 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.Affiiant represents and warrants the truth and accuracy of all matters hereinabove set forth
and agrees to and shall defend, indemnify and hold harmless the County and its
successors and assigns from all causes, claims, demands, actions, losses, liabilities,
settlements,judgments,damages,costs,expenses and fees(including,without limitation,
reasonable attorney's and appellate attamey'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 won or warranty herein made.
FURTHER AFFIANT SAYETH NAUGHT.
Signed,sealed and delivered in the presence of
WITNESSES
By:
Print Name: Print Name:
day of .2013
Print Name:
STATE OF FLORIDA )
)SS.
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of
. 2013, by Greg Poulos, as General Manager of Roily Marine Service
Company, who is personally known to me or who has produced
as identification and who did/did not take an oath.
WITNESS my hand and official seal,this day of ,2013.
17
(SEAL)
(Signature of Person Taking.Acknowledgement)
(Name of Officer Taking Acknowledgement)
(Title or Rank)
(Serial Number,if any)
My Commission Expires;
18
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