Agreement 04/05/51
THIS AGREEMENT, Made and entered into this
5th day of
April, A. D. 1951, by and between BENJAMIN KOVNAT and MOLLIE
KOVNAT, his wife, hereinafter referred to as the ItSellerstt and
the CITY OF MIAMI BEACH, a municipal corporation of Florida,
hereinafter referred to as the "Citytt,
WIT N E SSE T H :
WHEREAS the parties hereto have heretofore entered into
a written agreement dated the 7th day of December, 1950, by
which the Sellers agree to sell to the City that certain parcel
of land, for street construction purposes, situate, lying and
being in Miami Beach, Dade County, Florida, described as follows,
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to-wit:
Lot Twelve (12) of Block Five (5) of
the TOWNSITE OF' HARDING, according
to the Plat thereof, recorded in Plat
Book 34, at page 4, of the Public
Records of Dade County, Florida;
AND WHEREAS the City has already acquired Lots Eight (8),
Nine (9), Ten (10), Eleven (11), Thirteen (13), and Fourteen (14),
all in Block Five (5), Harding Townsite, according to the Plat
thereof, recorded in Plat Book 34, at page 4, of the Public Records
of Dade County, for the purpose of constr'ucting and maintaining a
public street upon and across said property, which street is ne-
cessary and desirable for the safe and convenient flow of traffic
within the City of Miami Beach; and
WHEREAS it appears that certain legal proceedings by the
Sellers have become necessary in order to establish their good and
marketable title and that the time required for the completion of
same is delaying the application of all of the above-described
property to the public use contemplated.
NOW, THEREFORE, IT IS AGREED:
1. That pending the establishment in the Sellers of good
and marketable title, the Sellers for themselves, their heirs,
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
successors and assigns hereby agree to permit the City, without
payment of rents, charges or other fees of any nature whatsoever
therefor, to enter upon and take possession of the said property
for the sole purpose of constructing and maintaining thereon, for
public use, a street or avenue.
2. That in consideration of the permission above granted
by the Sellers, the City agrees to extend the date of closing to
July 1, 1951, and when the sale above referred to is consummated,
all pro-rating of taxes shall be determined as of the date of
this agreement rather than the date of closing of the transaction,
and to this extent it 1s agreed by the parties hereto that the
said agreement of December 7, 1950 is hereby modified and amended.
3. The Sellers do not by this agreement assume any liability
of any kind or nature whatsoever to the City or to anyone else by
reason of the execution hereof or by reason of the City's entry upon
the property and taking possession thereof for the purpose of con-
structing and maintaining thereon for public use, a street or avenue.
IN WITNESS WHEREOF, the Sellers have hereunto set their
hands and seals, and the City bas caused these presents to be
signed in its name by its duly authorized officer, its corporate
seal to be affixed, attested by the City Clerk of Miami Beach,
Florida, as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
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/~~ r, r~,~,~
(Seal)
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( Seal)
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Mayor
Attest. (?C:;~. -'2~
~ City C erk
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
STATE OF FLORIDA:
ss
~aY of April, A. D.
COUNTY OF DADE:
I HEREBY CERTIF'ry that on this
1951, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, BENJAMIN KOVNAT
and MOLLIE KOVNAT, his wife, to me well known to be the persons
described in and who executed the foregoing agreement, and they
acknowledged before me that they executed the same for the pur-
Doses therein expressed.
seal at
have hereunto set my hand and official
, Dade County, Florida, the day and
year
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~/
/
My commission expires:
Notary Public. Stot~ of Florida at lorge
M ommission expires Nov. 15, 1954.
~ bv Merican Surety Co. of N. Y.
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA