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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 ,, OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 1,''" YrcA' .�x.; n W i*n e. % 2 r M` fnsri'b° o•:,F 77 r y, �i"'' H�?Stl • 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 ($1, 721, 000 . 00) cash, which sum includes the SELLERS ' attorneys ' fees and costs , if any, at the time of the closing of the -1- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI REACH. FLORIDA 33139 wr.rINw4 transaction contemplated hereby. 5 . All requireddocumentary stamps, State and Federal, shall be affixed to the Deed at the time of the delivery at the cost of SELLERS . 6. The transaction contemplated hereby shall be closed not later than thirty (30) days from the date hereof. 7 . This Agreement shall be binding upon each of the parties hereto, and their respective heirs, legal representatives , successors and assigns . IN WITNESS WHEREOF, the SELLERS have hereunto set their hands andseals , and the CITY has caused these presents to be signed in its name by its duly authorized officers and its corporate seal to be hereunto affixed the day and year first above written. 6 In the presence of: 1 !<,, ! / / i,/ /2 Mar s(Gesundheit 9 1� � � , i As to Marcos Gesundheit % h{/`6 j Florence Gesunfliei t- � ,% f' /� � ,/ /f , ---.): ' As to Florence Gesundheit CITY OF MIAMI BEACH By �1 0 .. - --r Mayor Attest : , 7 ,it 1o . 1), 6,-utta„.. , City Clerk-Finance Director i_1f2 0,61 4A_i_ctiA,Git t1 k V20-Lc( -2- OFFICE OP CITY ATTORNEY--1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 1 STATE OF 7-2,.&f r p/4 ) ss . . COUNTY OF J,-Dc ) I HEREBY CERTIFY that on this day, before me, a notary public duly authorized in the State and County named above to take acknowledgments, personally appeared MARCOS GESUNDHEIT, to me known to be the person described in and who executed the fore- going instrument, and acknowledged before me that he voluntarily without any force, coersion or duress whatsoever executed it. Witness my hand and official seal in the County and State above named this day of February 1973 . 72; NOTARY PU¢LIC STATE OF noort A AT WO* MT COMMISSION EXPIRES OCT. 3, 1476 RONDFD THRII GFNF44+ wcinr.A$NTF worrrrAIrrFRS o ary Public Commission expires : STATE OF /-Z-6/4/,P4 ) ss . : 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 G'2F1! It`+'I.'RbW-F;J"�r.FR`dJRITFR.ci BONDED T1-1121) GFr: ,moo .ry Public / (fN Commission expires : -3- OFFICE OF CITY ATTORNEY--1130 WASHINGTON AVENUE—MIAMI BEACH, FLORIDA 33139