Resolution 9847 r
RESOLUTION NO. 9847
WHEREAS, on the 5th day of December, 1956, the
City of Miami Beach and the Board of Public Instruction of
Dade County, Florida, entered into an agreement, by the terms
of which the said Board agreed to buy and the said City
agreed to sell and convey by warranty deed for the total
purchase price of $175,000.00, a certain five acre parcel of
land which is a part of the tract owned by the City of Miami
Beach and known as the "Old Municipal Golf Course", and by
the terms of which it was agreed that the conveyance would
provide for the Board to have the use of an adjoining fifteen
acre parcel of land so long as the said five acre parcel is
used for school purposes; and
WHEREAS, the closing of the transaction contemplated
by said agreement has been deferred because of the existence
of a restriction upon the use of said land; and
WHEREAS, said agreement contained, among other things,
the following:
•
"18. It is mutually understood and agreed
that the execution and delivery of the conveyance
called for by this agreement is expressly subject
to the condition that in the event the Purchaser
fails to begin construction of a permanent
school building contemplated by the parties within
one year from the date of the execution of this
contract, or fails to complete the construction
of such school building within three years from said
date, unless the failure to begin construction or
complete the work commenced is the result of an
emergency such as an Act of God, riot, insurrection,
state of war declared by Congress or bona fide labor
dispute, which emergency has the effect of (preventing
work, and in any such event said time limits will be
extended day to day for so long as commencement of
construction or completion of construction commenced
is actually prevented by said emergency and no longer,
then said conveyance and this agreement shall be
null and void and title to the land conveyed shall
immediately revest in the Seller providing that the
full purchase price paid by the Purchaser to the
Seller be refunded to the Purchaser."
and
WHEREAS, the Board of Public Instruction of Dade County,
Florida, has requested that, in view of the delay in closing the
transaction, said provision of said agreement be amended; and
WHEREAS, the Legal Department of said City has prepared
an extension agreement, with the terms of which the City Council
is familiar; and
WHEREAS, the City Council of said City deems it to be
to the best interest of all parties to amend said provision so
as to grant additional time for the construction of aP ermanent
school building on the land to be conveyed;
NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk
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be and they are hereby authorized and directed to execute
said extension agreement in the name of and on behalf of said
City.
PASSED and ADOPTED this 27th day of August,
A. D. 1958.
ayor
ATTEST:
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