73-13907 RESOLUTION NO. 73-13907
WHEREAS , MARCOS GESUNDHEIT and FLORENCE GESUNDHEIT,
his wife, as owners, have offered to sell to the City of Miami
Beach, Florida, for the sum of $1, 721, 000.00 cash, that certain
parcel of land situate, lying and being in the City of Miami
Beach, County of Dade, State of Florida, described as follows,
to wit :
Lots 1 through 6, both inclusive, in Block 1,
FRIEDMAN & COPE SUBDIVISION of the Wilson Tract,
according to the Plat thereof, recorded in Plat
Book 4, at page 83, in the Public Records of Dade
County, Florida; together with riparian rights
appurtenant thereto;
and
WHEREAS , the City Council of the City of Miami Beach
deems it to be in the best interest of the City to acquire said
land at said price and on the terms and conditions set forth in.
said offer, for parks and public recreational purposes ; and
WHEREAS , the City Attorney has prepareda proposed
agreement to be entered into by and between the parties, the
terms of which are known to the City Council;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk-Finance Director be and they are hereby authorized and
directed to execute the said agreement in the name of and on.
behalf of said City, and the disbursing officers of the City are
hereby authorized and directed to disburse the monies required
by the terms of said agreement from funds of the City available
for such purpose .
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA, that SAUL Z. BENNETT, the City ' s negotiator
in connection with this transaction, be paid a fee for his services
as such negotiator upon consummation of said proposed transaction
in the sum of $34, 000 .00 and that the proper disbursing and
financial officers of the City be and they are hereby authorized
and directed to disburse said sum as aforesaid from funds of the
City available for such purpose.
PASSED and ADOPTED this7th day of February 1973 .
Mayor
Attest :
&r-L g
City Clerk - Finance Director
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
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AGREEMENT
THIS AGREEMENT, made and entered into this ==day of
February 1973 by and between MARCOS GESUNDHEIT and FLORENCE
GESUNDHEIT, his wife, hereinafter referred to as the "SELLERS" ,
.and CITY OF MIAMI BEACH, a Florida municipal corporation, herein-
after referred to as the "CITY" .
WITNESSET H:
That for and in consideration of the sum of One Dollar
($1 . 00) , each to the other in hand paid, ar.d in further consideration
of the mutual covenants hereinafter set forth, the parties agree as
follows :
1. The SELLERS will sell and convey, and the CITY will
purchase that certain parcel of land situate, lying and being in the
City of Miami Beach, Dade County, Florida, more particularly described
as follows , to-wit:
Lots 1 through 6, both inclusive, in Block 1,
FRIEDMAN & COPE SUBDIVISION of the Wilson Tract,
according to the Plat thereof, recorded in Plat
Book 4, at page 83 , in the Public Records of
Dade County, Florida; together with riparian
rights appurtenant thereto.
2 . The SELLERS will within twenty (20) days from the date
hereof. , furnish to the CITY an abstract of title showing the SELLERS '
title to be good and marketable.
3. The SELLERS will convey said land to the CITY by good
and sufficient warranty deed, free and clear of all encumbrances , ex-
cept restrictions of record, zoning ordinances of the City of Miami
Beach, Florida, such municipal improvement liens as may be pending, but
not certified at the time of the closing of the transaction contemplated
hereby. The CITY, as further consideration to the SELLERS agrees to
satisfy ad discharge that certain lien filed by it under the provisions
of the South Florida Building Code in the sum of Two Thousand Eight
Hundred and Seventy-Five Dollars ($2, 875. 00) recorded in Official
Records Book No. 7366 at page 65 of the Public Records of Dade County,
Florida. All taxes shall be pro-rated as of the date of the closing
of the transaction.
4. The CITY agrees to pay to the SELLERS , as the full purchase
price of said land, the sum of One Million Seven Hundred Twenty-One
Thousand Dollars ($1, 721, 000 . 00) cash, which sum includes the SELLERS '
attorneys ' fees and costs , if any, at the time of the closing of the
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI REACH. FLORIDA 33139
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transaction contemplated hereby.
5 . All requireddocumentary stamps, State and Federal,
shall be affixed to the Deed at the time of the delivery at the cost
of SELLERS .
6. The transaction contemplated hereby shall be closed
not later than thirty (30) days from the date hereof.
7 . This Agreement shall be binding upon each of the
parties hereto, and their respective heirs, legal representatives ,
successors and assigns .
IN WITNESS WHEREOF, the SELLERS have hereunto set their
hands andseals , and the CITY has caused these presents to be
signed in its name by its duly authorized officers and its corporate
seal to be hereunto affixed the day and year first above written.
6
In the presence of: 1 !<,,
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CITY OF MIAMI BEACH
By �1 0 .. - --r
Mayor
Attest :
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City Clerk-Finance Director
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OFFICE OP CITY ATTORNEY--1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139
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STATE OF 7-2,.&f r p/4 )
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COUNTY OF J,-Dc )
I HEREBY CERTIFY that on this day, before me, a notary
public duly authorized in the State and County named above to take
acknowledgments, personally appeared MARCOS GESUNDHEIT, to me
known to be the person described in and who executed the fore-
going instrument, and acknowledged before me that he voluntarily
without any force, coersion or duress whatsoever executed it.
Witness my hand and official seal in the County and State
above named this day of February 1973 . 72;
NOTARY PU¢LIC STATE OF noort A AT WO*
MT COMMISSION EXPIRES OCT. 3, 1476
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Commission expires :
STATE OF /-Z-6/4/,P4 )
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COUNTY OF 7Pc )
I HEREBY CERTIFY that on this day, before me, a notary
public duly authorized in the State and County named above to take
acknowledgments, personally appeared FLORENCE GESUNDHEIT, to me
known to be the person described in and who executed the fore-
going instrument, and acknowledged before me that he voluntarily
without any force, coersion or duress whatsoever executed it.
Witness my hand and official seal in the County and State
above named this, - day of February l973 .
NCTARI :USCIC E:,',;. OF FLORIDA AT LARGE
MY COMMISSIC,N EXPIRES OCT. 3: 1976
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BONDED T1-1121) GFr:
,moo .ry Public
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OFFICE OF CITY ATTORNEY--1130 WASHINGTON AVENUE—MIAMI BEACH, FLORIDA 33139