Amendment No. 2 to Real Estate Sales Contract with MBCDC: The Allen LLC 1
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AMENDMENT NO. 2 TO THE REAL ESTATE SALES CONTRACT BETWEEN THE CITY OF
MIAMI BEACH, FLORIDA AND MBCDC: THE ALLEN LLC, A FLORIDA LIMITED LIABILITY
COMPANY DATED DECEMBER 3, 2014
This Amendment No. 2 (Amendment) to the Real Estate §ales Contract, dated
December 3, 2014 ("Contract"), is entered into this 14 day of .2mto2.N.. , 2015
(Effective Date), by and between the City of Miami Beach, Florida, a municipal
corporation organized and existing under the laws of the State of Florida, having its
principal place of business at 1700 Convention Center Drive, Miami Beach, Florida
33139 (City), and MBCDC: The Allen LLC, a Florida limited liability company, having its
principal place of business at 945 Pennsylvania Avenue, Miami Beach, Florida 33139
(Seller), for the purchase and sale of property located at the 2001 Washington Avenue,
Miami Beach, Florida ("Property"), and hereby amend said Contract, as follows:
RECITALS
WHEREAS, on December 3, 2014, the City and Seller executed a Purchase and
Sale Agreement in connection with the property; and
WHEREAS, the parties executed Amendment No. 1 to the Contract, dated July 10,
2015, extending the Closing Date of the Contract from April 29, 2015 to September 30,
2015 (The Contract and Amendment No. 1 shall be collectively referred to herein as the
"Contract"); and
WHEREAS, the City and Seller wish to amend the Contract to extend the Closing
Date through and including September 30, 2018, with the condition that Buyer shall
provide Seller with a minimum of six months notice prior to scheduling the Closing Date.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Seller hereby agree to amend the Contract as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified as follows:
The Closing Date of September 30, 2015, as set forth in paragraph 7 of the
Contract, is hereby retroactively extended to reflect a date on or before
September 30, 2018. The City, through its City Manager, agrees to provide
Owner with a minimum of six (6) months written notice of its readiness to close
the purchase of the Property (the "Closing Date Notification"). Thereafter, the City
and Owner agree to close the transaction no sooner than 186 days from Seller's
receipt of the Closing Date Notification, but no later than 246 days from receipt of
the Closing Date Notification.
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3. RATIFICATION.
The City and Seller wish to reaffirm the terms and conditions of the Contract, as
amended. In the event there is a conflict between the provisions of this
Amendment and the Contract, the provisions of this Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
SELLER:
MBCDC: The Allen LLC,
a Florida limited liability company
By Miami Beach Community
Development Corporation, Inc.,
its manager and sole member: Attest:
.' .
By: si ` ' Q -3€k.1L
Cori Aglirrtfrs :elkis Beatriz Cuenca-Barberio
Chairman of the Board Executive Director
Date
BUYER:
The f ity of Mia :each Attest:
By: MEM
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Jim 'y L. ,•rales Rafael E. Granado yli��
City Cit Clerk I `i /I *: 5.. •
y City — •'
Date 'l NCORP/ORATEDi: *
APPROV Dv:
FORM & LANGU A G
&FOR EXECUTION
(iLlf
City Attorney 40.1.-- Date
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