Resolution 3088 RESOLUTION NO. 3088
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA.
WHEREAS on the 6th day of February, 1935, there was submitted
to the City Council of said City the following proposal:
"January 31st, 1935
City of Miami Beach,
Dade County,
Florida.
Gentlemen:
We, Stella M. Grote and Theodore E. Lapres , surviving
executors and trustees of Joseph F. Fralinger, deceased, do hereby
propose to sell you Lots 1, 2 and 3 in Block 114, Ocean Beach Addi-
tion No. 4, Miami Beach, Dade County, Florida, as described in
deeds from Gus A. Muller and Helena, his wife, to Joseph F. Fralinger,
dated January 31, 1917, and recorded in Deed Book 161, at page 22,
covering Lots 1 and 2 of Block 114, Ocean Beach Addition No. 4, and
from Charles A. Muller and Marian R. , his wife, to Joseph F. Fralinger,
dated January 31, 1917, and recorded in Deed Book 161, at Page 20,
covering Lot 3 of Block 114, Ocean Beach Addition No. 4, for Thirty
Thousand Dollars, all payable in cash, or payable $10,000.00 in cash
and $20,000.00 in the note of the City of Miami Beach for $10,000.00,
payable at the expiration of one year, and, in the note of the City
of Miami Beach for $10,000.00, payable at the expiration of two years,
each note to bear interest at the rate of six per centum per annum,
payable semi-annually, and both notes to be secured by the purchase
money mortgage of the City of Miami Beach upon the premises above
described as a first and paramount lien thereon.
Said proposal to be binding upon us must be accepted with-
in ten (10) days by the proper authorities of the City of Miami Beach,
subject, however, to all terms, requirements and provisions of Section
26 of the City Charter of said City, as amended in 1925. Final clos-
ing of said transaction on or before forty-five (45) days after the
date of acceptance thereof.
It is understood and agreed that this property is being
sold and purchased subject to the restrictions and limitations of
record common to the neighborhood, and subject to any easements for
street and for public utilities, which may be of record, or may be-
come liens through pending legislation before consummation of con-
tract.
We will sell the property free and clear of all liens
and assessments, excepting the taxes for the year 1935, which you
must assume.
We will not guarantee riparian rights and water privileges,
but will convey all of our right, title and interest, if any, therein.
In the event our title shall not be found good and market-
able we agree to use reasonable diligence to make the said title good
and marketable and shall have a reasonable time so to do, and if after
reasonable diligence on our part said title shall not be made good
and marketable within a reasonable time we- shall return the money this
day paid, and all moneys that may have been paid under this contract,
and thereupon we shall be released from all obligations hereunder, or
upon request of the City of Miami Beach, we will deliver the title in
its existing condition.
Witness: (Signed) Stella M. Grote
(Signed) L. I. Grote (Signed) Theodore E. Lapres
(Signed) R. T. Hicks
Surviving executors and trustees of
Joseph F. Fralinger, deceased.
r
Stella M. Grote and Theodore E. Lapres, surviving
executors and trustees of Joseph F. Fralinger, deceased, hereby
agree to pay Battle & Hicks a commission of Fifteen Hundred Dollars
for selling Lots 1 , 2 and 3 in Block ll4 , Ocean Beach Addition
No. 4, Miami Beach, for the sum of $ 30,000.00, provided the
whole consideration is paid in cash, or partly in cash and partly
in notes secured by first mortgage as recited in the foregoing
tender , within the time therein provided.
Witness: (Signed) Stella M. Grote
(Signed) L. I. Grote (Signed) Theodore E. Lapres
(Signed) R. T. Hicks Surviving Executors and
Trustees of Joseph F.
Fralinger, deceased. "
NOW, THEREFORE , BE IT RESOLVED by the City Council of the
City of Miami Beach, Florida, that said proposal be accepted
under the terms and conditions and provisions of Section 26
of the City Charter of the City of Miami Beach as amended in
1925; that the Mayor and City Clerk of said City are hereby
authorized to execute such documents as may be necessary to
carry this resolution into effect and that they report their
acts and doings relative thereto to the said City Council.
PASSED AND ADOPTED this 7th day of February A. D. , 1 5.(144
14.1
Vice—Presi_dent o City Counci
ATTEST:
City Clerk
(SEAL)
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