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RESOLUTION 88-19337 RESOLUTION NO. 88-19337 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT OF SALE WITH OREN DEVELOPMENT CORPORATION FOR PROPERTIES LOCATED AT 3516-20 COLLINS AVENUE AND 3602 COLLINS AVENUE AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CARRY OUT THE CLOSING OF THE SALE. WHEREAS, the City of Miami Beach is the Owner of the following described properties; and PARCEL A LOTS 12 , 13 AND 14 , BLOCK 24, AMENDED MAP, OCEANFRONT PROPERTY, MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 7-8, PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (ALSO KNOWN AS 3516-20 COLLINS AVENUE) PARCEL B LOTS 10, 11 AND 15, BLOCK 26, AMENDED MAP, OCEANFRONT PROPERTY, MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 7-8 , PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (ALSO KNOWN AS 3602 COT LINS AVENUE) WHEREAS, on or about March 21, 1988 the City issued Request for Proposal No. 63-87/88 , requesting proposals from interested parties to purchase the above described properties; and WHEREAS, on or about May 4 , 1988 , Oren Development Corporation filed a proposal with the City for the above described properties offering to purchase the properties for a sum of $535, 000; and WHEREAS, on June 1, 1988 the City Commission authorized the administration to prepare a Contract of Sale for the above described properties; and WHEREAS, a Contract of Sale (a copy of which is attached hereto) , has been negotiated between the parties and has been recommended by the City Manager and has been approved to form by the City Attorney; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor is hereby authorized to execute on behalf of the City of Miami Beach a Contract of Sale with Oren Development Corporation for properties located at 3516-20 Collins Avenue and 3602 Collins Avenue for a total purchase price of $535, 000, and further, the Mayor is authorized to execute any and all documents necessary to carry out the closing of the properties. PASSED AND ADOPTED this 7th day of September , 1988 . �-- kYOR ATTEST: feibelh,/ CITY CLERK FORM APPROVED: LEGAL DEPARTMENT DATE: g R PNB/mml 8/15/88 CONTRACT OF SALE THIS AGREEMENT made and entered into this 12 day of September , 1988, between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter described as the Seller, and OREN DEVELOPMENT CORPORATION, ("Oren") , a Florida Corporation hereinafter described as the Purchaser. WITNESSETH 1. That the Seller agrees - to sell and convey and the purchaser agrees to purchase all the certain plots, pieces or parcels of land, with the buildings and improvements erected, situate and -lying on the following described property located in Miami Beach, Dade County, Florida: PARCEL A LOTS 12 , 13 AND 14 , BLOCK 24, AMENDED MAP, OCEANFRONT PROPERTY, MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 7-8, PUBLIC RECORDS OF DADE COUNTY, FLORIDA. PARCEL B LOTS 10, 11 AND 15, BLOCK 26, AMENDED MAP, OCEANFRONT PROPERTY, MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 7-8, PUBLI C RECORDS OF DADE COUNTY, FLORIDA. 2 . The total purchase price for the above referenced properties shall be Five Hundred Thirty Five Thousand and 00/100 (C:535, 000. 00) U.S. Dollars payable in cash or bank certified or cashiers check at the time of closing. 3 . Conveyance of title shall , be by statutory warranty deed, free and clear of all encumbrances and liens of whatsoever nature, except easements, reservations, and restrictions of record, applicable zoning regulations, taxes for current year, any liens which may be created by pending legislation prior to passage of title, and other such matters as are specified herein. 4 . The seller shall at its expense furnish purchaser with an abstract of title within forty-five (45) days from the date of this contract. In the event that after Purchaser has examined the title and said examination reveals defects in Seller' s title, Seller shall have a period of thirty (30) days after notification thereof within which to cure said defects. Closing shall take place on or before September 30, 1988. 5. If applicable, seller shall pay for documentary stamps on the deed and any surtax. Purchaser shall pay for recording the deed. 6. As part of the total consideration for this sale Purchaser shall furnish two irrevocable letters of credit, one for Parcel A and the other for Parcel B, each in the amount of $75, 000. 00, in favor of the City of Miami Beach, five (5) days prior to closing. The letter of credit in favor of Parcel A shall be drawn upon in the event that Oren transfers, sells or conveys any or all interests in Parcel A prior to the issuance of a building permit except for a transfer to a general or limited partnership formed to develop Parcel A, where Oren is a general 1 partner with a controlling interest in the partnership and/or a building permit to construct a 24 unit apartment building is not issued and construction commenced and in active progress as defined in Section 304 . 3 (f) of the South Florida Building Code (1984) within two (2) years from the date of closing. The letter of credit in favor of Parcel B shall be drawn upon in the event that 1) Oren Development Corporation transfers, sells or conveys any or all interests in Parcel B prior to the issuance of a building permit except for a transfer to a general or limited partnership formed to develop Parcel B, where Oren Development Corporation is a general partner with a controlling interest in the partnership; or 2) Oren does not complete demolition of the structures on Parcel B within three (3) months from the date of closing; or 3) a building permit to construct a 24 unit apartment building is not issued and construction commenced and in active progress as defined in Section 304 . 3 (f) of the South Florida Building Code (1984) within six (6) months from the date of closing. Purchaser covenants and agrees to execute the agreement attached hereto as "Exhibit A" at closing and agrees that said agreement shall survive the closing. 7 . Failure of Purchaser to timely conform to any term or Agreement and terms of this Agreement shall be a default of this A g shall allow the Seller to pursue any and all legal, equitable and administrative remedies it has available to it. 8 . In the event of default _on the part of either party hereto in consummating this contract, then the defaulting party agrees to pay all costs and expenses incurred by the innocent partyin enforcing the innocent party' s rights hereunder including reasonable attorney' s fees. 9 . Time shall be of the essence. 10. This contract including Exhibit A constitutes the entire agreement between the parties, and any changes, amendments g or modifications hereof shall be void unless the same are reduced to writing and signed by the parties hereto. ATTEST: -fil"--je )7/t r Seller400r/ OF , i/f (SEAL) CITY OF IAMI BEACH CITY CLERK We agree to purchase the above described property on the terms and conditions stated in the foregoing instrument. Witn sses as to 'ignature of Buyer: / / i /(-) \‘ f Y /, \7 , Buyer (SEAL) i jcci ON DEVELOPMENT COMPANY \ -/ FORM APPROVED t D.1• l/ Dr 9.. . - . Ai . contsale.mem Det 2 ORIGINAL RESOLUTION NO. 88-19337 (Authorizing the Mayor to execute a con- tract of Sale with Oren Development Corp. for properties located at 3516-20 Collins Avenue and 3602 Collins Avenue and further authorizing the Mayor to execute any and all documents necessary to carry out the closing of the sale)