Broward County Commission Regular Meeting

MOTION TO APPROVE Agreement of Sale and Purchase with revised Special Warranty Deed between Broward County (Purchaser) and the School Board of Broward County (Seller) of a parcel measuring approximately 7.29 acres, located on the west side of NW 23rd Avenue at NW 17th Street in Fort Lauderdale ("Property"), at a purchase price of $3,130,000; authorize the Mayor or Vice-Mayor and Clerk to execute the Agreement of Sale and Purchase; and authorize the Real Property Director to execute and process normal and customary title closing documents. (Commission District 9)

ACTION:  (T-10:26 AM)  Approved.

VOTE:  8-0.  Vice Mayor Furr was not present.
 

Board of County Commissioners' approval is required to acquire an interest in real property pursuant to Broward County Administrative Code, Section 6.23.

Acquires property in central Broward County for a potential future County facility.

On December 6, 2016 (Item No. 31), the Board of County Commissioners approved the Agreement of Sale and Purchase between Broward County (Purchaser) and the School Board of Broward County (Seller), as amended to omit the educational use restriction and reverter language in the Special Warranty Deed.

THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION RECOMMENDS APPROVAL OF THE ABOVE MOTION.

On December 6, 2016, (Item No. 31), the Board of County Commissioners approved the Agreement of Sale and Purchase as amended, to omit the educational use restrictions and reverter language in the Special Warranty Deed ("Deed") to purchase the Property. On December 20, 2016, County staff attended The School Board of Broward County meeting, to express the County's position regarding the educational use restriction language in the Deed. The School Board of Broward County deferred the item to a later date with the understanding that SBBC staff and County staff would work on revising the Deed.

SBBC staff proposed alternate language in lieu of omitting the restriction and reverter language in its entirety. The new language (highlighted on the revised Deed attached as Exhibit 2) states: "...the Property shall never be used to enroll any students in classes earning credit toward graduation for Kindergarten through Grades 12." The reverter language was deleted and replaced with language allowing the SBBC to pursue all remedies available at law or in equity, in the event the County or its successors were to violate the revised Deed restriction.

All documents have been reviewed and approved as to form by the Office of the County Attorney.

Purvi A. Bhogaita, Director, Real Property, (954) 357-7333
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410