Broward County Commission Regular Meeting

MOTION TO AUTHORIZE County Administrator to execute an agreement and associated documents to purchase a beachfront property from Lawrence Mark Lustbader (Seller) at 4000 North Surf Road in Hollywood, subject to a life estate in the Seller, at the applicable appraised value, in order to expand Hollywood North Beach Park; and authorize the Real Property Director to execute and process normal and customary title closing documents; and authorize, if necessary, County staff to attend the Final Judgment of Foreclosure sale on September 25, 2017, or at any rescheduled date, to bid on the above property up to the applicable appraised value for the entire fee interest in the event the transaction fails to close; and authorize the County Administrator, or designee, to take any and all necessary administrative and budgetary actions to effect the transaction. (Commission District 7)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:38 AM)  Approved.
 
VOTE: 8-0.  Commissioner Ryan was not present.
 
ACTION:  (T-10:48 AM)  The Board reconsidered the Consent Agenda to pull Supplemental Item Number 70 which had been previously transferred to the Consent Agenda.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Ryan was not present.

ACTION:  (T-10:48 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.

Board of County Commissioners' approval is required to acquire an interest in real property pursuant to Broward County Administrative Code, Section 6.23; authorizing the County Administrator to execute all required documents, and as an alternative, allows staff to bid for the property at the foreclosure sale, up to a predetermined maximum appraised amount.

Acquires a full fee interest, subject to reservation of a life estate, in a beachfront property, to expand Hollywood North Beach Park and as an alternative if necessary, allows staff to attend the foreclosure sale to bid for the subject property.

On May 23, 2017 (Item No. 69), the Board of County Commissioners authorized the County Administrator to complete negotiations in order to execute an agreement with associated documents to purchase the property from the Seller during the summer recess. The Motion also provided that in the event the foreclosure sale was rescheduled, all documents will brought to the Board for final approval. The foreclosure sale was rescheduled to September 25, 2017.

PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION, AND PARKS AND RECREATION DIVISION RECOMMEND APPROVAL.

The subject property measures approximately 5,898 square feet and is improved with a single family home. It is located at 4000 North Surf Road in Hollywood and identified by Folio Number 5142-01-02-4310. The property is currently in foreclosure with approximately $800,000 in outstanding mortgage balance. The Seller approached Parks and Recreation Division to determine if the County would be interested in purchasing the property. The Seller wishes to retain a life estate. Parks and Recreation Division is interested in acquiring this beachfront property, as it is located adjacent to the Hollywood North Beach Park. This item reclaims and preserves open space for the public. It addresses the conservation land, green space, and open space requirements of the 2000 Safe Parks and Land Preservation Bond referendum. As urban sprawl continues, beachfront property available for public use is disappearing. The property is zoned NBDD-CZ (North Beach Development District–Coastal Zone) with a County Land Use designation of Recreational Open Space. Two appraisals were conducted to determine the fee simple value of the property and the value of the remainder interest if a life estate is reserved to the Seller.

This property is currently in foreclosure. The public auction has been rescheduled for September 25, 2017. During the summer recess, the parties negotiated and executed the Contract for Sale and Purchase. The parties are still attempting to negotiate the final form of the Escrow Agreement. Closing has been scheduled for September 20, 2017. Staff is requesting that, due to the limited time available, the Board of County Commissioners authorize the County Administrator to complete negotiations and execute all necessary documents to purchase the subject property consistent with the requirements in the motion statement.

Staff is also requesting that the Board of County Commissioners authorize staff to bid at the public auction, in the event the transaction fails to close and the foreclosure sale goes forward, up to the applicable appraised value. In the event the County is the successful bidder, staff is requesting the County Administrator, or designee, be given the authority to take any and all necessary or advisable actions to acquire the property.

No final documents will be executed unless and until they have been approved as to form by the Office of the County Attorney.

Purvi A. Bhogaita, Director, Real Property Section, (954) 357-7333
Dan West, Director, Parks and Recreation Division, (954) 357-8106
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410