Agreement 5/5/52
A G R E E MEN T
THIS AGREEl'Il~.,1'TT, made and entered into this 5th day of IIay,
1952, by an.d between lIAY N. KlIvIDALL and J. C. KIHBALL, her husband,
parties of the first part, hereinafter referred to as the Sellers,
and CITY OF HIAIII :;:',EACH, a municipal corporation of Florida, party
of the second part, hereinafter referred to as the City,
WIT N E SSE TIT:
1. \1hereas the City has heretofore instituted condemnation
proceedings in the Circuit Court of Dade County against that cer-
tain parcel of land situate in Hiarni Beach, Dade Covnty, Florida,
and particularly described as
Lot 2J+, Block h, ORCHA.1ID SUBDIVISION
No.4, according to the Plat thereof,
recorded in Plat Book 25, at page 30,
of the Public Records of Dade County,
Florida,
and whereof the Sellers were and are seized in fee, and
2. vfhereas thereafter, on February 12, 1952, and during the
pendency of said condemnation proceedings the Sellers and the City
entered into an agreement for the s ale and purchase of said land,
which agreement calls for the closing of said trro~saction on or
before Hay 1, 1952, and
3. 1rlhereas the City, in reliance upon the execution by the
Sellers of said agreement, and at the express instance IDld request
of the Sellers, thereupon dismissed the Sellers and the said land
from the said condemnation proceedings, and
4. '1tJhereas, the Sellers have represented to the City that
they are in the process of purchasing a home in the place and stead
of the herein described lands but will be unable to secure possession
thereof for several weeks and that they, therefore, requested the
City to permit them to continue in ?ossession of the herein described
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39. FLORIDA
lands llilt11 not later than the 31st day of Hay, 1952, and
5. \mereas the Sellers have not closed the traJ1saction
called for by the agreement of Februa~T 12, 1952 on or before
May 1, 1952, as agreed, and
6. VJhereas the City is disposed to grant the Sellers per-
mission to continue to occupy the herein described lands lliltil
not later than Tray 31st, 1952, provided, however, that the Selle rs
agree to close the trro1saction called for by said agreement of
Februa~J 12, 1952, not later than May 8th, 1952, oo1d provided,
further, that the Sellers on or before Hay 6th, 1952, enter into
and execute this agreement, and
7. ~fuereas the City is desirous of letting contracts for
the demolition and removal of the improvements on said lands i~ne-
diately and forthwith,
Nml, ~['lIEnEF'OR.E, in consideration of the foregoinc;, the parties
hereto agree as follows:
1. The Sellers agree to close the transaction called for by
their agreement of February 12, 1952, in accordance therewith, imme-
diately and forthtvi th but not later than Hay 8th, 1952.
2. ~1e Sellers may thereafter continue to occupy the said lands
up to, but in no event whatsoever later than Hay 31st, 1952, provided,
however, that it is the express and distinct llilderstanding and pur-
pose of the parties hereto that the Sellers shall occupy the said
loo1d in the status of gratuitous licensees of the City Ul) to J\lay 31st,
1952, and that the Sellers, and anyone claiming by, through or llilder
them, in the event they occupy the said lands on or after Hay 31st,
1952, shall be held and deemed to be trespassers and that the City,
or its nominee, shall be authorized and permitted to remove the
Sellers and anyone claiming by, through or llilder them with such
force as may be necessary and shall be fUrther authorized to simul-
taneously and immedi ately commence the demolition and removal of
the improvements on said lands, all wi thout any liability of v,rhat-
soever nature, to the City or its nominee, and the Sellers, or
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39. FLORIDA
anyone claiming by, through or under them, hereby expressly
release, renounce and relinquish any and all claims of whatsoever
nature against the City or its nominee in the event of such
forcible removal.
3. It is i'urther agreed that the execution of this agreement
shall be 'tvi thout prejudice to the Sellers to negotiate 1vi th the
City or to enter into competitive bidding for the demolition and
removal of the improvements on said lands, it being expressly
understood that the g ranting of such permission by the City to
the Sellers shall be a matter of grace and not of right.
IN HITNE,sS ~]HEREOF, the Sellers have hereunto set their
hands and seals, and the City has caused these presents to be
executed in its name by its duly authorized officers, and its
corporate seal to be hereunto affixed, as of the day ill'ld year
first above written.
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Signed, sealed and
delivered in the
presence of:
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
StI'ATE OF' F'LORIDA:
ss
COUUTY OF DADE:
I HEHEBY C;:;;RTIFY that on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgments, 11AY N. KIMBALL and J. C. KIMBALL, her
husband, to me well known to be the persons aescribed in and
who executed the foregoing agreement, and they ac1moioJ'le dged
before me that they executed the same for the purposes th.erein
expressed.
IN HITNESS HHEHEOl", I have hereunto set my hand m <i official
seal at THal11i Beach, Dao.e County, l"lorida, this 6th day of Hay,
A. D. 1952.
;;: I vt. i {.f1~(,/:~.
Notary PUblic, State of Florida at
Large
r'ly commission expi res:
Notary Public, State of Flo';do t I
My commission expires Dec. 30~ 19w5~.
Ionded by ^m.ri~." Surety Co. of N y'
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA