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Agreement 10/31/1973 A G R E E MEN T THIS AGREEMENT, made and entered into this.3/v'day of C (' Tc"/k/L , 1973, by and between ELAINE BROXMEYER hereinafter referred to as the "SELLER," and CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY". WIT N E SSE T H: That for and in consideration of the sum of One Dollar ($1.00), each to the other in hand paid, and in further considera- tion of the mutual covenants hereinafter set forth, the parties agree as follows: 1. The SELLER will sell and convey, in lieu of condemna- tion proceedings and the CITY will purchase that certain parcel of land situate, lying and being in the City of Miami Beach, Dade County, Florida, more particularly described as follows, to wit: Lots 1 and 2, and that portion of bridle path east of Lots 1 and 2, Block 7, AMENDED PLAT GOLF COURSE SUBDIVISION, recorded in Plat Book 6, at page 26, according to the Public Records of Dade County, Florida, together with and including all personal property and fixtures therein contained, said property being also known as 1809 Meridian Avenue, Miami Beach, Dade County, Florida. 2. The SELLER will, within fifteen (15) days from the date hereof, furnish to the CITY an abstract of title showing the SELLER'S title to be good and marketable. 3. The SELLER will convey said land together with the personal property and fixtures therein contained to the CITY by good and sufficient warranty deeq, free and clear of all encum- brances, except restrictions of record, zoning ordinances of the City of Miami Beach, Florida, such municipal improvement liens as may be pending, but not certified at the time of the closing of the transaction contemplated hereby. All taxes shall be pro-rated as of the date of the delivery of possession of sub- ject property by SELLER to CITY. 4. The CITY agrees to pay as the full purchase price of said land, personal property and fixtures, the sum of One Million Two Hundred and Thirty-Three Thousand Five Hundred Dollars ($1,233,500.00 OffiCi OF CITY AnOINlY-1130 WASHINGTON AVlNUI-M1AMI IlACH, ROIIDA 33139 at the time of the closing of the transaction contemplated hereby, said compensation is calculated and shall be paid as follows: To the Seller $1,223,500.00 Donald Klein, Esq., and John Farrell, Esq., Attorneys Fees ................................. 10,000.00 5. The personal property and fixtures being a part of this transaction shall be enumerated and set forth in an inventory thereof to be submitted to the CITY and shall be agreed upon by the parties prior to the date of closing of this transaction. 6. All required documentary stamps, State and Federal, shall be affixed to the Deed at the time of the delivery at the cost of the SELLER. 7. The transaction contemplated hereby shall be closed on December 20, 1973. 8. The SELLER is entitled to possession until June 30, 1974, and will be responsible for all taxes, casualty insurance, and normal maintenance during the time of his possession. SELLER shall obtain and maintain genenll public liability insurance of $100,0001$300,000 with CITY named as additional insured. 9. A copy of the casualty insurance certificate of said property shall be made available to the CITY within ten (10) days of the execution and delivery of this agreement naming the CITY as co-insured as its insurable interest may appear. 10. Said sum of $1,233,500.00 shall be in full compensa- tion for the taking of said land and personal property enumerated and set forth in inventory hereinabove mentioned, including all attorneys' fees, expenses, and other costs, if any. 11. In order to insure payment of all taxes and ther claims against the property in accordance with this Agreement, of the sum/Twenty Thousand Dollars ($20,000.00) shall be held in escrow by the CITY until the delivery of possession of the subject property to CITY. -2- OFPICl OF CITY A"OINlY-IUG WASHINGTON AVlNUI-MlAMI MACH. .LORIDA 331:19 12. This Agreement shall be binding upon each of the parties hereto, and their respective heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, the SELLER has hereunto set his hand and seal, and the CITY has caused these presents to be signed in its name by its duly authorized officer and its corporate seal to be hereunto affixed the day and year first above written. ~/.. , /'"" 'wI1 / J/i~,-~ .' ,../ f i I Ie / L.-r.; y" j"1,,J.Ar/ (...- l ,I I , In the presence of: ~~ WCJ IN.^,J.JL)~ ,l~L'V' ~ CLL( \)O~J~ nO CITY OF MIAMI BEACH t\ By iJW (5J;;;;::+\~_- e '- Attest: ALt!U~ ~~d-(dVf<) City Clerk -3- OFFICI OF CITY AnOINIY - 1130 WASHINGTON AVlNUI - MIAMI IlACM, nO.IDA 33139