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Resolution 73-14087 RESOLUTION NO. 73-14087 WHEREAS , the City Council of the City of Miami Beach, Florida, did on. July 18, 1973, duly pass and adopt its Resolu- tion No. 73-14058 pertaining to acquisition for park purposes of the following described parcel of land: Tract B, INDIAN BEACH CORPORATION SUBDIVISION, as recorded in Plat Book 8, page 61, of the Public Records of Dade County, Florida; and WHEREAS, Pursuant to its agreement so to do, Metropolitan Dade County, acting by and through its County Commission, did duly pass and adopt its Resolution No. R-1025-73 on September 4, 1973, whereby Metropolitan Dade County Commission did authorize the execution of an agreement with the City of Miami Beach for the joint financial participation of Metropolitan Dade County and the City of Miami Beach in the acquisition of the hereinabove describedland for a total consideration of Two Million Two Hundred and Fifty Thousand Dollars ($2 , 250, 000. ) with Metropolitan Dade County and the City of Miami Beach each paying one-half of the said agreed consideration; and WHEREAS, City Council of the City of Miami Beach deems it to be, and finds, that it is in the best interests of the City of Miami Beach to agree to the conditions imposed upon the nature of the use of the said parcel of land for its intended park pur- poses ; and to enter into the Agreement proposed by said Resolution No. R-1025-73 ; and WHEREAS , an appropriate agreement to be entered into between the Sellers of said parcel of land and the City of Miami Beach has been prepared and approved as to form by the City Attorney for the acquisition of the title to said parcel of landand the terms and provisions of said proposed. Agreement of sale and purchase being familiar to the City Council; NOW, THEREFORE, BY IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: 1. That the Mayor and the Acting City Clerk of the City of Miami Beach be and they are expressly hereby authorized, directed and empowered by the City Council of the City of Miami Beach, Florida, to execute and deliver the Agreement prepared by the City Attorney to be entered into between the Sellers of said parcel of land and the City of Miami Beach for the purchase of said parcel of land for an agreed consideration of Two Million Two Hundred and Fifty Thousand Dollars ($2, 250, 000 . ) , one-half of said consideration to be paid by Metropolitan Dade County, and the remaining one-half of said con- sideration to be paid by the City of Miami Beach under the financing arrangements proposed and set forth in Resolution No. 73-14058 of the City Council of the City of Miami Beach; 2 . That the Mayor and Acting City Clerk are authorized and empowered to execute and deliver the Agreement by and between the City of Miami Beach and Metropolitan Dade County as proposed and set forth in Metropolitan Dade County Resolution No. R-1025-73, provided, however, that said Agreement shall be approved by the City Attorney as to form, and being in accordance with Resolution No. 73-14058 of this City Council; Metropolitan Dade County Resolu- tion No. R-1025-73 ; and this Resolution; 3 . That the Mayor and the Acting City Clerk be and they are expressly authorized, empowered and directed to execute and OFFICE OF CITY ATTORNEY--1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 deliver in the name of the City of Miami Beach appropriate promissory notes of the City of Miami Beach totalling One Million One Hundred and Twenty Five Thousand Dollars ($1, 125, 000. ) , and payable over a ten-year period in ten equal installments, and the purchase money mortgage securing the payment of said notes at the agreed interest rate of Five and One-Half Percent (5-1/2%) , together with the privilege of the City to anticipate the payment of said promissory notes prior to their due date andwithout penalty; the form of said promissory notes and said purchase money mortgage to be approved by the City Attorney; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that in the event that the Sellers of the said parcel of land fail or refuse to enter into and execute the Agreement authorized herein , the City Attorney be and he is expressly authorized and directed to institute appropriate con- demnation proceedings to acquire the said land in fee simple title for public park purposes . PASSED and ADOPTED this 5th day of September 1973 . ek./W•A. JA(12 Mayor Attest : `-}1.1? • Acting City Clerk -2- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI REACH, FLORIDA 33139 4- 0 0 L c 4N 0 N (1..) .- 00 o •- 4- V7 o •- M V1 U" U O co • • _J p a) C T < •- •- 4) z L z C C t7 O O O 0_ U .- 0 4-1 L Ol (0 Q C Q O •- •- O N +J U w Q•- 0 • N 4-r V) O L C O (0 0 < 0_L.)