Agreement 07/20/1960
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i ,N THIS AGREEMENT, made and entered into this ~
day of July, 1960, by and between GREATER MIAMI HEBREW ACADEMY,
a Florida non-profit corporation, party of the first part,
hereinafter referred to as the "Academy", and CITY OF MIAMI
BEACH, a Florida municipal corporation, party of the second
part, hereinafter referred to as the "City".
WITNESSETH:
That for and in consideration of the mutual
covenants hereinafter set forth, it is agreed by and between
the parties as follows:
1. The Academy agrees to convey to the City, by
good and sufficient warranty deed, subj ect only to taxes for
the year 1960, which are to be prorated as of the date of
closing, and to restrictions common to the neighborhood, zoning
ordinances of the City of Miami Beach, Florida, and such liens
for municipal improvements as may be pending but not certified
at the time of the closing of the transaction contemplated
hereby, those certain parcels of land situate in the City of
.Miami Beach, Dade COunty, Florida, described as follows, to wit:
Lots 7 to 13, inclusive, Block 2,
NURSERY SUBDIVISION, according to
the Plat thereof recorded in Plat
Book 26 at page 66 of the Public
Records of Dade Cpunty, Florida.
2. The Academy agrees to pay to the City the sum of
Thirty-Eight Thousand Dollars ($38,000.00) in cash at the time
of closing of the transaction contemplated hereby.
-1-
OFFICE OF CITY ATTOBNEY - C1TY HALL - MIAMI BEACH 39. FLORIDA
3 . '!'he Academy agrees to furnish to the City, wi thin
twenty (20) days from the date hereof, an abstract of title
showing the fee simple title to said land to be vested in the
Academy and to be a good and marketable title.
4. '!'he City agrees. to convey to the Academy, by
good and sufficient warranty deed, subject to the right of the
city or the Florida Power and Light company to remove, at any
time within three (3) months from the closing of the transaction
contemplated hereby, the power line heretofore constructed and
now maintained by said Florida Power and Light Company over,
under and across said land, and subj ect to the zoning ordinances
of the City of Miami Beach, Dade County, Florida, bounded and
described as follows, to wit:
From a point on the easterly line of
Pine Tree Drive at the intersection
with the northerly line of West 25th
Street as shown on the plat of FLAMINGO
TERRACE EXTENSION, recorded in Plat
Book 38 at page 61 of the Public Records
of Dade County, Florida, run southerly
along the easterly line of Pine Tree
Drive seven hundred thirty-six and
fifty-seven hundredths (736.57) feet to
a point;
'!'hence run westerly at right angles to
the said easterly line of 'Pine Tree
Drive one hundred fifty (150) feet to
the point of beginning of the tract of
land herein d~scribed;
From said point of beginning continue
westerly along the last course extended
and at right angles to the said easterly
line of Pine Tree Drive two hundred six
and two hundredths (206.02) feet to a
point;
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OFFICE OF CI'I'Y A'l"TORKEY - CITY BJlLL - MULMI BEACH 39. FLORmA
Thence deflecting to the right sixty-seven
degrees and seventeen minutes (670-17')
run northwesterly three hundred twenty-two
and fifty hundredths (322.50) feet to a
point;
Thence deflecting to the right forty-eight
degrees and fifty-four minutes (480-54')
run northeasterly seventy-one and forty-six
hundredths (71.46) feet to a pointr
Thence deflecting to the right sixty-three
degrees and forty-nine minutes (630-49')
run easterly two hundred ninety-nine and
three hundredths (299.03) feet to a point,
said point being one hundred fifty (150)
feet westerly of the easterly line of Pine
Tree Driver
Thence deflecting to the right ninety
degrees (900) run southerly parallel to
and one hundred fifty (150) feet westerly
of the easterly line of Pine Tree Drive
three hundred sixty-one and sixty-one
hundredths (361.61) feet to the point of
beginning, containing one hundred thousand
(100,000) square feet, more or less.
5. The city agrees to furnish to the Academy, within
twenty (20) days from the date hereof, an abstract of title
showing the fee simple title to said last described land to be
vested in the City and to be a good and marketable title.
,
6. The City will grant to the Academy a perpetual
easement twenty-five (25) feet wide over and across that certain
parcel of land owned by said city lying between Pine Tree Drive
and the parcel of land to be conveyed to the Academy as aforesaid,
for ingress and egress to and from the said parcel of land so to
be designated by said City.
7. The Ci tywill grant to the Academy a perpetual
easement for pedestrian travel five (5) feet wide over and across
-3-
OFFICE OF Crn' A'I"I'OIIHEY - CrrY IIJLLL - MIJLMJ BEACH 39. FLORIDA
that certain parcel of land owned by said City and lying
between Pine Tree Drive and the parcel of land to be conveyed
to the Academy as aforesaid, the location of said easement
also to be designated by said C~.
8. That simultaneously and concurrently with the
delivery by the City of its deed called for by paragraph 4
hereof, the Academy will execute and deliver to the City an
agreement duly executed by :the Academy in such form as to
entitle the recording of the same in the Public Records of Dade
County, which shall provide as follows:
(a) That the property hereby agreed to be
conveyed by the City to the Academy shall be used solely and
exclusively for the construction, operation and maintenance
of a school by the Academy or its successors and assigns.
(b) That if the land hereby agreed to be
conveyed by the City to the Academy shall cease to be used for
school purposes by the Academy, its successors and assigns,
then and in that event, at the option of the City and upon the
payment by the City to the Academy or toj!;s successors and
assigns, of the sum of One Hundred Fifteen Thousand Dollars
($115,000.00) in cash, all right, title and interest in and to
the said land shall revert to and become the property of the
City, and the Academy agrees that in such event and upon delivery
of said sum to be paid by the City as aforesaid, the Academy,
its successors and assigns, shall execute a good and sufficient
warranty deed conveying said land to said City free and clear of
-4-
OFFICE OF C1'I'Y AftORIfEY - CJTY IIALL - MIAMI BSACH 39. FLORIDA
all encumbrances except the lien of a bona fide first mortgage
construction loan for the construction of a school building or
buildings on the land hereby agreed to be conveyed by the City
to the Academy, said mortgage to be limited to the reasonable
and bona fide cost of construction of said school building or
buildings1 it being within the contemplation of, and the intent
of the parties, that the amount of said mortgage construction
loan, or unpaid balance thereof, if any, s~l be equal to the
reasonable and bona fide value of the improvement or improvements
existing on said land at the time of the cessation of user by
or
the Academy/at the time of the exercise by the City of the
option to repurchase hereby granted by the Academy to the CitY1
and also except the zoning ordinances of the City of Miami Beach,
Florida, and the taxes for the year in which such conveyance
shall occur, such taxeB to be prorated as of the date of such
conveyance.
(cl That said option agreement shall be read,
construed, and be deemed in pari materia with the warranty deed
to be executed by the City in accordance with paragraph 4 hereof,
and shall not be deemed to be merged in said warranty deed.
9. The transaction contemplated hereby is to be
closed not sooner than August 30, 1960, nor later than
september 30, 1960.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be signed in their respective corporate names
-5-
OFFICE OF CITY An'ORHEY - ClTY BALL ..:.. MIAMI BEACH a9. nORmA
by their proper officers, and their respective corporate
seals to be hereunto affixed, as of the day and year first
above written.
GREATER MIAMI BEBltEII' ACADEMY
d~~
By .
- P sident
Attest:
)n~~.
Secret "
'- .'
J
CITY OF MIAMI !lEACH
Mayor
=
ByN
.IL
Attest:
'~~r~
-6-
OFFICE OF CI'l'Y A'I"J'OJUl'EY - C1'I'Y HALL - N1A.MI BEACH 39. FLORIDA
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From a'!po ,..~!1. . 'Easterly line of Pine Tree' DEive at,
the inte'i!eetillll\l!with the Northerly line, of ,Wese,,25tl\l),St'
as shown',,,,,!i:het,plat of Flamingo Terr,!,eExtension.ree'or
in Plat B,!ok'li38.Page 61 of the Publie..!lii:.~.;4~.'of;,])ade;r,~'.
county.FlClrida....run Sontherly.,along the~s.te.rly,;line:~f'
Pine Tree~DriveSeven Hundred Thirty"Sixan..,Fifty-sevell
I~;:;:;1:~~;:~i~~;:;~;;:!i~;;.~;~~f~~~1~s~~:1'
Point of B~gi~nt"1g of.tl',e tract of land' hel;!,indescri...~... ~:
From said~p()int of Beginning continue Westerly along the' ~,t('
last cODrse"extended and at right angles to the said East-"~ .
erly line 'of 'Pin" Tree 'Drive' Two Hundred Six and Two Hun-/
dredths (20~~.\~,2~i~et to. a point; '. .
Thence deflecting.'to the right Sixty-seven degrees and
Seventeeo ..1I11on1;es"( 670-17') run Northwesterly Three Hun
Twenty-two'aod"Fifty Hundredths (322. 50) feet. to, a point;
,..,iIfy.,W;"'~i",;",,,,,, .' ":',:
Thence defleetiog.to the right Forey-eight degrees and.'"~,,
Fifty-fonr 1I110ntes' (480-54') run northeasterlYSeveoty-o
and Forty-six Hundredths'. (71.46) feet to a, pointr,:"
Thence deflecting to .the riglit, Sixty-three' degrees and!
Forty-nine'iminntes: (630-49').' run easterly . Two .Hundred!1~
Ninety-nio.,e'ancl Three ,ltundreclths(299 .03) . feet to' a poi" .
said poin~~being .One Hundred Fifty (150) feet. ~esterly~
of the Easterly line of Pine Tree Drive;. ';.:'"f"
Tllenee defl'8cting to the right Ninety degrees(90O,) run.,;';"'"
southerly:~parallel to aod One IIm1dred Fifty(150)tfeet';';..~.
Westerly o.f'the Easterly line of Pine Tree Drive" Three , .'
Hundred Sixty-ooe' and Sixty-one Hundredths.(361; 61) feet,
to the Point of Beginning.Containing 100.000.Square Feet
more or less. PROPo::lED loc.",-r\ ct-l....<:>'F",
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