Loading...
95-21787 RESO " RESOLUTION NO. 95-21787 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SALE OF APPROXIMATELY 54.7 ACRES OF LAND, COMPRISING PART OF THAT CERTAIN CITY-OWNED PROPERTY LOCATED IN NORm DADE AND COMMONLY REFERRED TO AS THE OJUS PROPERTY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY AND THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, IN THE AMOUNT OF $4,468,180.00, SUBJECT TO FINAL NEGOTIATION AND REVIEW OF SAME BY THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE DEED AND ANY AND ALL NECESSARY CLOSING DOCUMENTS, SUBJECT TO REVIEW OF SAME BY THE CITY ATTORNEY'S OFFICE; AND PROVIDING THAT ALL PROCEEDS FROM THE SALE ARE TO BE DEDICATED TO THE CITY'S RESERVE FUND. WHEREAS, the City is the owner of an approximately 143-acre tract ofland in North Dade which is commonly known as the Ojus Property; and WHEREAS, the City has been negotiating with the School Board of Dade County, Florida (School Board) for the sale of approximately 54.7 acres, comprising a portion of the Ojus Property (property), which the School Board intends to use to develop a new school site(s) in the North Dade area; and WHEREAS, the parties have negiotated the attached Contract for Purchase and Sale for the aforestated 54.7 acres, for the purchase price of$4,468,180.00; and WHEREAS, at the request of the Mayor and City Commission, the proceeds from the sale of the Property to the School Board shall be dedicated to the City's Reserve Fund, toward deficit and reserve funding. . NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission herein approve the sale of approximately 54.7 acres ofland, comprising part of that certain City-owned property located in North Dade and commonly referred to as the Ojus Property; authorize the Mayor and City Clerk to execute the attached Contract for Sale and Purchase between the City and the School Board of Dade County, Florida, in the amount of $4,468,180.00, subject to final negotiation and review of same by the Administration and the City Attorney's Office; authorize the Mayor and City Clerk to execute the deed and any and all necessary closing documents, subject to review of same by the City Attorney's Office; and direct all proceeds from the sale to be dedicated to the City's Reserve Fund. PASSED AND ADOPTED this 11th day of Oct er, 1995. ATTEST: C,\WPWIN60\WPDOCS\RESOLUTN\OJUSSCHL.PUR FORM APPROVED ~L DEPT. By ~..J11.t; d1O/L- Date .J..-l:/-t V'1$-.q , CONTRACT FOR SALE AND PURCHASE ~ ~tn"t foc "" ud P.""".. t, Ml<red .... u of tho 1J%f day of 'fLl/' 995, by and between THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, a body politic under the laws of the State of Florida, hereinafter referred to as "Buyer" and CITY OF MIAMI BEACH, a Florida Municipal Corporation, hereinafter referred to as "Seller." WITNESSETH, that for and in consideration of the mutual covenants contained herein, the Buyer and Seller agree as follows: 1. REALTY. Seller agrees to sell to Buyer that certain real property situated in Dade County, Florida and comprising approximately 54.7 acres of land, more specifically described in Exhibit A together with all tenements, hereditaments, privileges, servitudes, rights-of-reverter, and other rights appurtenant thereto: all buildings, fixtures, and other improvements thereon, if any, all fill and top soil thereon; all oil, gas and mineral rights possessed by Seller; and all right, title and interest of Seller in and to any and all streets, roads, highways, easements, drainage rights, or rights-of-way, appurtenant to the real property; and all right, title and interest of Seller in and to any and all covenants, restrictions, agreements and riparian rights benefiting the real property (all of the foregoing being referred to as the "Property"). The legal description of the Property shall be confirmed by the Survey referenced in Paragraph 7. 2. PURCHASE PRICE. Buyer agrees to pay Seller a purchase price of Four million four hundred sixty-eight thousand one hundred eighty and no/lOO dollars ($4,468,180.00) for the Property. 3. TERMS OF PAYMENT. Upon execution of the Contract, the parties agree to deposit in escrow a check made payable to Seller, in the amount of Four hundred forty-six thousand eight hundred eighteen and noli 00 Dollars ($446,818.00), with Buyer's attorney, to be held under the terms and conditions hereof as earnest money and part payment, receipt of which is hereby acknowledged by Seller and Buyer's attorney. Subject to adjustments for prorations at the time of closing, Buyer shall pay the sum of Four million twenty-one thousand and three hundred sixty-two and no/lOO dollars ($4,021,362.00) to Seller and the sum of Four hundred forty-six thousand eight hundred eighteen and no/OO dollars ($446,818.00) in escrow with Buyer's attorney shall also be released to Seller. I 4. INTEREST CONVEYED. Seller warrants that it holds fee simple title to the Property, free and clear of any and all encumbrances and agrees to convey good, marketable, and insurable fee simple title by Warranty Deed. Seller agrees to provide at closing an executed Warranty Deed in favor of Buyer, substantially in the form attached hereto as Exhibit B. 5. PRORATIONS. Delinquent ad valorem taxes, if any, shall be paid by SeHer. 1995 ad valorem and personal property taxes, assessments, utility fees, solid waste disposal fees, improvement liens, rents, costs and revenues, if any, and any and all other proratable items shall be prorated as of midnight on the date preceding the date of closing. 6. TITLE INSURANCE. SeHer shaH, at SeHer's expense and within thirty (30) business days of the effective date of this Contract, obtain a marketable title insurance commitment and an owner's marketable title insurance policy (ALTA Form nBn) from Lawyer's Title Insurance Company in the amount of the purchase price. Said policy shall show a good, marketable and insurable title to the Property in the Seller's name, free and clear of aH liens, encumbrances, rights of occupancy, or other matters except only the following: (i) ad valorem real estate taxes for the year of closing and subsequent years which shall be prorated between Buyer and Seller as of midnight on the date preceding the date of closing; (ii) applicable zoning ordinances and regulations in accordance with this Contract; and (iii) those certain matters (including utility easements) as shown on Schedule B-2 to the title insurance commitment, that are acceptable to Buyer's attorney. In addition, the policy shall insure title to the Property for the period between closing and recording of the warranty deed. In connection herewith, Seller agrees to provide and pay the cost of recording of aH affidavits and other documents as required by the title insurer. Buyer shaH have thirty (30) business days from receipt of title documents to inspect said title documents and report defects, if any, in writing to the SeHer. If the title search shows title to the Property to be unmarketable and uninsurable as provided herein, the Seller shall have sixty (60) days from receipt of written notice from Buyer to cure the designated defects. The SeHer hereby agrees to use reasonable diligence to cure said defects. If Seller is unable, after reasonable diligence, to make the title good, marketable and insurable to Buyer, then this Contract shaH be rendered nuH and void and the Buyer shall receive the return of its earnest money deposit and both Buyer and Seller shall be released of all obligations hereunder, except that Buyer may waive any defects and proceed with closing at Buyer's option. Seller shall pay all reasonable recording fees for corrective instruments required hereunder. Should the estimated cost to cure said title defect exceed a sum which is equal to 1% of the purchase price as stated in paragraph 2, SeHer may elect to terminate this Contract and neither party shaH have any further obligations under this Contract. Notwithstanding the aforestated, Seller shall have no 2 obligation to file any lawsuits and cure any title objections raised by Buyer. 7. SURVEY. No later than 20 days prior to the closing date, Seller shall obtain at its sole cost and expense, a current survey of the Property prepared by a professional land surveyor licensed by the State of Florida and certified to Buyer and Lawyers Title Insurance Company. If the survey shows any encroachment on the Property or that any improvements on the Property encroach on the land of others, the same shall be regarded as a title defect. Further Seller's liability to cure any and all encroachments shall not exceed one percent (I %) of the purchase price referenced in Paragraph 2 herein. 8. TENANCIES. Seller represents that no person is living on or occupying the Property, that there is no tenant in possession of the Property and that there are no leases or other agreements and understandings either oral or written affecting possession, use or occupancy of the Property. Seller shall be responsible for evicting any and all persons and/or personal property found on the Property prior to closing. 9. LIENS. Certified municipal and county liens, if any, shall be paid in full at or before closing by the Seller. If a pending lien has been filed against the Property which has not been certified as of the date of closing, and the work and improvements for which the lien was filed have been completed prior to the closing, despite the fact that the pending lien has not been certified, such lien shall be paid by the Seller. 10. ENVIRONMENTAL INVESTIGATION. Buyer's obligation to purchase the Property shall be contingent upon the results of its environmental investigation of the Property, which shall be performed at Buyer's sole cost and expense. Buyer shall be required to complete its environmental investigation within thirty (30) days upon execution of this Contract. In the event that said environmental investigation discloses the existence of "hazardous substances" or "petroleum products," as those terms are defined by applicable Federal or State statute or by rules or regulations promulgated pursuant thereto, as amended from time to time, within thirty (30) days of the Buyer's receipt of same, Buyer shall have the option to terminate this Contract upon notice to Seller and the parties shall be relieved of all further obligations and liability hereunder. 11. LANDFILL CLOSURE. Prior to closing, Seller shall obtain from the Dade County Department of Environmental Resources Management (DERM), and any other appropriate governmental authority, verification that the Property is not classified as part of the larger tract of land known as the former Ojus Landfill. Seller has obtained from DERM written verification that DERM has no objection to the construction and use of the proposed high school provided required closure conditions are adhered to. (See 3 ~ : EXHIBIT A . .. LEGAL DESCRIPTION .' . A parcel of land belnll a portion of the West one-half (112) of the Northeast one-quarter (1/4) of Seetlon 32, Township 51 South, Ranlle 42 East, lying In Dade County, florida and belnll more particularly described as follows: BEGIN at the Southwest corner of said West one-half (112) of the Northeast one-quarter (114) of Seetlon 32; thence N88044'Ol "E alonll the Southerly line of said West one-half (112) of the Northeast one-quarter (1/4) of Seetlon 32 for a distance of 1340.37 feet to the Southeast eomer of said West one-half (112) of the Northeast one-quarter (1/4) of Seetlon 32; thence N02"06'05"W alonll the Easterly line of said West one-half (112) of the Northeast one-quarter (1/4) of Seetlon 32 for a distance of 847.01 feet; thence S88034'39"W for a distance of 513.77 feet; thence N36055'21"W for 272.71 feet thenee N02017'OI"W along a line 674.03 feet Easterly of, as measured at rlllht angles to and parallel with the Westerly line of said West one-half (112) of the Northeast one-quarter (114) of said Seetlon 32 for a distance of 1610.55 feet to a point of Interseetlon with the dividing line between Dade and Broward Counties and the Northerly line of the Northeast one-quarter (1/4) of said ZZZSedlon 32; thence S88006'42"W alonll said Northerly line of the Northeast one-quarter (1/4) of Seetlon 32 for a distance of639.14 feet to a point of Interseetlon with the Easterly Right of Way line of Northeast 14th Avenue. said Easterly Rlllht of Way line helne 35.00 feet Easterly of, as measured at rlllht angles to and parallel with the Westerly line of said West one-half (112) of the Northeast one-quarter (1/4) of Seetlon 32; thence S02017'OI"E alonll said Easterly Right of Way line for a distance of 310.41 feet to a point; thence 888023'31"W for a distance of35.00 feet to a point oflnterseetlon with the Westerly line ofsald West one-half (112) of the Northeast one-quarter (114) of Section 32; thence S02017'OI"E along said Westerly line of the Northeast one-quarter (114) of Seetlon 32 for a dlstanee of 2360.26 feet to the POINT OF BEGINNING. EXHIBIT B WARRANTY DEED THIS DEED, made this _ day of , 19-, by and between CITY OF MIAMI BEACH, a Florida Municipal Corporation, party of the first part, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 and THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, a Political Subdivision of the State of Florida, party of the second part, whose address is 1450 N.E. Second Avenue, Miami, Florida, 33132. WITNESSETH: THAT the said party of the first part, for and in consideration of the sum ofTen Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the said second party, its heirs and assigns forever, all the right, title, interest, claim and demand which the said first party has in and to the following described land lying and being in Dade County, Florida: See Exhibit A and the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part, has hereunto set its hand and seal the day and year first above written. 10 ATTEST: CITY OF MIAMI BEACH, a Florida Municipal Corporation By-H~ City Clerk Date: II h/~f I t 11 \~a r eymour Gelber STATE OF FLORIDA) )ss COUNTY OF DADE ) I HEREBY CERTIFY, that on this day of ,1995, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared personally known to me, or proven, by producing the following identification: to be the person(s) who executed the foregoing instrument freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal in the County and State aforesaid, the day and year last aforesaid. Notary Signature Print Name: 11/6195 12 . ~ METROPOLITAN DADE COUNTY, FLORIDA ... 19ERM El<VIIlONIII!HTAL II&8OUR<:a IIAI4AQUII!NT POLUIT1ON PI\aIIamlN ~ SUITl! 100 3S 8.w. 2nlI ~V9IUe O t b 5 111"'" -. F\.OR1llo\\IO,Sl).'$otIl c 0 or . .:n _J7N811 8~uce o. Henderson Environmental Coordinator Clty of Miami Beach 140 ~ac Arthur Causeway Mi~i B~~~h, Florida 33139 CERTIFIED NAIL NO. Z 146 645 144 M'l'UnN REC&IP'l' REQUESTED RE: Methane Gas Survey and 'l'rench EJ(.;:avation Repo"rt-. dat.Bd: .r>,ugust 15, 1990; and Addendum dated septQlllber a, 1995, submitted by OHM Remediation Services <..:orp., for' 'lOhe fOYl1\p.r ej.l).~:~J..andfill locAted in Section 32, Township 515, and Range 42E; .Parce1s A and B, North Miami, Dacia COUlIly, Plorida. ,.. : : - . .~... . . ":,,': '-..'" Dear Mr. Henderson: The Hazardous Waste Section aQco\n.'c~S MlUlagernent (DERM) reports, received September cone eeut iVAly and hereby lllOdificationsl ;- : 1. ~ J'It " ~ ',' of th.. Depo.rtrnent of Environmental has reviewed the above referenced 8, 1995, and SeptemhP.r 12, 1995 apprQves them with ~~,_:fol1owing '.~ f . 1. The te$t. pits perfonned along the western t1tld the~. s6utheastern property lines indicate t:le absen..... of buried WA9t.A.' However, if solid W~Rte is encountered during the construction of the proposed school, said soil s~&ll va identified (cant.aminated or hllllardousl, removed and disposed ot in accordance with a1: applicable local, state and tederal ~agulation8. 2. . No methane was detected durlng the \letS survey con"\\\t~l'.p.d within tho aforeme"~ioned property 11nes. However, DERM recommends thac during the excavation activities t::>r cha propoccd SloMa' that the air ahall be monitored for potential methone gas releases. 3. A review fe~ ;R required for all plans submitted to this office. DERM's files do not indicate payment of said fee. ~h9refnre. the requirGd faQ of $270 must be submitted to this office. lu eonclur;1ion, dw. to the present low levels of pOllutants detected in the groundwater at the site an~ s1n\:!;l l~O methanQ gl!\$A!'l were (].O:ltected., and no h~zardous waste was encountered during the above investigations, DERM has no objection to the construc~ion and ~he use 0' the proposed $cnnnl provided that the following closure conditions mentioned are adhered to: a. All closure/waste relocation actlvi1;ies ::s114.11 be in aecordllnc:e with opplioablQ ~'orida DepArtment Environmental Protection (POBP) and DERM requirements. EXHIBIT C .~ Mr: Bruce Henderson ~ity of Miami Beach ojus Landfill l'o:q. :2 b. A p,,.n of action ltlUst be approved by DEftH prior to any waste disturbance or relocation. c. The proper closure of tne Solid WastQ Tr~nsfer Station located on the $outhern end of the property shall be accomplished by Department of Solid Waste M~a~gemcnt (DSWMI in accordance with DBlUl "'",quirezr.ents. d. h DERM representative must be present during any field activity at the referenced site. ;:~ has the option to split any ~arnpleo deQro~rl ~ecessary with the conoultant or laboratory at the subject site. The cons~ltant . . ~ollecting tbe samples must nClV~ IL cu~rent F10rida Department of .~ ..: .'<:;~nvirolU'llen\:e' Protection (FDEPI approved Comprehensive QuaHty .. .. ~ .'Assu):'ance Plan (CompQAP). Tne lllwce>.tory 81lalyzing the saI1Y(;>les must. . . . have a Flor1d^ aRS certification and Cl curr~nt FDEP approved CoropQAP. If the data that is subsequem::ly :;ubmittcd O)<hibits a substanti.al varionco from ~he DERM split sample analysis. a comple~e re-sampling using two independent certifieCl laboL'al..(',~'i"3 wUl b... 'CElquired. The DEa.,( Hau.rdous Waste project engiueer muot. be no~.ified a minimum vt threo 131 workin~ days prior to the impl~~entation of the J:eferencec1 plan. If written notiti"dtion is givIi>l'I. then verbal ..onfi~t.io~ wit~ the project engineer is preferred. IC yO\! hav. any questions regarding this letter. p:!.ease contact I):,8.id& Calil, Engineer, of the HaZl:lLd0\18 Wlleto Se,.,t.ion at (305) 372-6931. Sincerely, ~.:r:~ Robert s.;Z P. Ii:.. C1lief Hazardous'Waste Section POLLUTION P~ENTION OTVISION It:/sg 3246 cc: J. H~11, DDFM K. Ashe):'. Parks & Recreation ... Lalla, DENiS Exhibit C attached hereto and made a part hereof). Buyer and Seller acknowledge the existence of an approximately 45 acre landfill in direct proximity to the property located within the parcel of land to be sold in a separate transaction to Dade County (landfill). Pursuant to the contract between Seller and the County, the Seller has represented that said landfill was operated as a class III trash-only landfill. Seller hereby represents to Buyer that the County is obligated, at its sole expense, and responsible to Seller for the closure of the above-mentioned class III landfill and any and all environmental assessments, cleanups, and monitoring of the class III landfill necessary to obtain full compliance with any and all applicable Federal, State, and local laws, ordinances, rules, regulations, or any other governmental restrictions, and agrees to pursue any substantial disturbances of the landfill which are required for its closure in a reasonably timely manner so as not to unreasonably interfere with the use of the Property as a high school facility. Furthermore, based upon its own environmental investigations on the Property, Seller hereby represents that it does not know of any conditions that would interfere with the Seller's use of the Property for its intended use as a high school facility. 12. CLOSING. The closing of this transaction shall occur within ninety (90) business days of the execution of this Contract unless otherwise extended, as mutually agreed upon by both Buyer and Seller or as otherwise provided herein. The precise date, time and place of closing shall be set by Buyer. 13. TIME. Buyer and Seller mutually agree to fully and timely execute such papers as deemed necessary by Buyer's and Seller's attorneys to complete the conveyance in accordance with the terms of this Contract. Time is of the essence in this Contract. The timely performance of all obligations may be excused by an event offorce majeure. For the purpose of this contract, ''force majeure" means an event arising from a cause beyond the control of the parties, including their consultants and contractors, which delays or prevents the timely performance of an obligation. Unanticipated or increased costs, or unavailability of funds, are notforce majeure events. 14. EXPENSES. Buyer shall be responsible for recording fees on the Warranty Deed. Seller shall be responsible for the payment of Florida Documentary Stamp Tax and any Surtax due on the Warranty Deed. 15. LOSS. All risk ofloss to the Property shall be borne by Seller until transfer of title. 16. POSSESSION. Seller shall deliver possession of the Property and keys to all locks, if any, to the Buyer at closing, as provided in Paragraph 8. 4 17. DEFAULT. If Buyer defaults under this Contract, Seller may, at its sole option, declare the Contract terminated, in which event it shall immediately be entitled to Buyer's deposit as liquidated damages. If Seller defaults under this Contract, Buyer may, at its sole option, (i) waive the default and proceed with closing; or (ii) rescind this Contract, in which event Buyer's attorney shall release to Buyer its deposit in the sum of Four hundred forty-six thousand eight hundred eighteen and nollOO dollars ($446,818.00). 18. LITIGATION. In the event of any litigation arising out of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the other party upon final court judgment, including appellate proceedings. 19. DISCLOSURE. Seller represents that there are no facts known to Seller which materially affect the value of the Property or Seller's intended use of the Property, which have not been disclosed by Seller to Buyer or which are not readily observable to Buyer. Seller shall be responsible for payment of any and all amounts owed for labor, materials supplied, services rendered and/or any other bills or amounts related to Seller and Seller's ownershipl and or operation of the Property prior to Closing. 20. TRASH AND RECYCLING CENTER. Seller shall assure discontinuation of Dade County's operation of the Ives Dairy Neighborhood Trash and Recycling Center (the Site) located at 20801 N.E. 16th Avenue, Miami, Florida. This Site shall be left clear of any and all solid waste as defined in Chapter 15-1(ss) of the Dade County Code and shall be closed in accordance with the requirements of the Dade County Department of Environmental Resources Management (DERM), and certification shall be provided to Buyer that the Site is free of all environmental contamination. All the provisions of this Paragraph shall be accomplished prior to closing. 21. CHILD'S WORLD. Seller acknowledges that there is ongoing litigation between Seller and Miami Child's World concerning the Property, styled Miami Child's World. Inc. v. City of Miami Beach and School Board, (Fla. 11th Cir. Ct. 1991). Seller agrees to indemnify, save and hold Buyer harmless from any and all damages which may be awarded against Seller as a result, of said litigation and to defend Buyer in any litigation that may arise therefrom, paying all damages which may be awarded therein. In addition, and with regard to Miami Child's World's claims against the City of Miami Beach only, if the litigation results in any cloud on the title to the Property, or in transfer of the Property itself to a third party, then in that event, Seller agrees to do whatever necessary, including litigation, to remove such cloud or defeat such a transfer, and if Seller fails to remove said cloud or defeat such a transfer, then this entire agreement is void ab initio and of no further legal force or effect, and Seller shall reimburse Buyer for all monies expended by Buyer in its performance of this Contract. 5 22. ASSIGNMENT/SUCCESSORS IN INTEREST. This Contract shall be binding on the heirs, successors and assigns of the respective parties hereto. However, neither this. Contract nor any interest therein shall be assigned by Buyer or Seller without the express written consent of each other, which consent shall not be unreasonably withheld. 23. NOTICE. Any notice to the parties pursuant to the provisions hereof shall be in writing and delivered by registered or certified mail postage prepaid, return receipt requested, or by any nationally recognized overnight mail carrier (public or private), with proof of delivery, as follows: To Buyer: THE SCHOOL BOARD OF DADE COUNTY, FLORIDA 1450 N.E. Second Avenue, Suite 912 Miami, Florida 33132 Attn: Superintendent of Schools With a copy to Buyer, under separate cover, as follows: THE SCHOOL BOARD OF DADE COUNTY, FLORIDA Division of Site Planning and Government Liaison 1450 N.E. Second Avenue, Suite 525 Miami, Florida 33132 as to Seller: CITY OF MIAMI BEACH Office of the City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 with copies to: CITY OF MIAMI BEACH CITY AITORNEY'S OFFICE 1700 Convention Center Drive Miami Beach, Florida 33139 6 24. RIGHT TO ENTER PROPERTY. Buyer and its agents shaIl, upon reasonable notice, have the right to enter the Property for all lawful purposes in connection with this transaction provided that Buyer shaIl indemnify and hold SeIler harmless for damage or injury caused by Buyer and its agents, to the extent provided by Section 768.28, Florida Statutes. 25. RECORDING. This Contract or notice thereof may be recorded by Buyer in the minutes of the Clerk's Office of each of the parties, but shall not be recorded in the official public records of the Clerk of the Court of Dade County, Florida. 26. ENTIRE AGREEMENT. This Contract contains the entire agreement between the parties hereto as it pertains to the subject matter contained herein and shaIl supersede and take precedence over any and all prior and contemporaneous agreements and understandings between the parties hereto. 27. RADON GAS. Radon is a naturally occurring radioactive gas that, when trapped in a building in sufficient quantities, is believed by some health authorities to present health risk to persons who are exposed to it over long periods of time. Additional information regarding radon may be obtained from your County Public Health Unit. IN WITNESS WHEREOF, the Buyer and SeIler have du1y executed this Contract as of the day and year above written. (OFFICIAL SEAL) BUYER: ATTEST: By: THE SCHOOL BOARD OF DADE COUNTY, a Florida body politic organized under the laws of the State of Florida By: 7 ATTEST: By: IkJ~ (I City Clerk Date: l;fifi: (OFFICIAL SEAL) SELLER: FORM APPROVED lEGAL D PT. By Date 8