Resolution 4152 RESOLUTION NO. 4152
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA.
WHEREAS, on the 5th day of November, 1937, there was sub-
mitted to the City Council of said City, the following proposal:
"Miami, Florida, November 5 , 1937.
Receipt is herebyacknowledged of the sum of:
Ten dollars and other considerations Dollars ( $10.00)
from The City of Miami Beach as a deposit on account of the purchase
price of the following described property upon the terms and con-
ditions as stated herein.
Description of property: The East half (E1) of the Northeast
Quarter (NEt) , less right of way of Seaboard Railroad paralleling
the East boundary line thereof; also less the Southwest quarter
(SWC) of Southeast quarter (SE4) of Northeast quarter (NEt) contain-
ing 10 acres more or less known as Dade County Rock quarry, all of
said land being inSec. 32, Twp. 51 S. of Range 42 E. and containing
approximately 63.8 acres.
Purchase price:
Two thousand two hundred thirty-three Dollars ($2,233.00)
Terms and conditions of sale: Property to be free and clear
of all incumbrances including taxes paid to January 1, 1938.
It is understood that the City of Miami Beach will pay cash
for the above property upon presentation of deed forty days after
committment or acceptance by City Council of this agreement, pro-
vided the abstract shows the property to have a marketable title.
Deferred payments to bear interest at the rate of . . . per cent
per annum, payable as follows :
Taxes , insurance, interest, assessments , rents and other ex-
penses or revenue of said property shall be paid, assumed or pro-
rated as follows : to January 1, 1938.
Certified liens shall be paid, assumed or pro-rated as follows :
none.
Pending liens shall be paid, assumed or pro-rated as follows : rbne.
It is understood and agreed that this property is being sold and
purchased subject to the restrictions and limitations of record com-
mon to the neighborhood and subject to any easements for public
utilities , which may be of record, or may become liens through pending
legislation before consummation of contract.
It is agreed that this transaction shall be closed and the pur-
chaser shall pay the balance of the first payment and execute all
papers necessary to be executed by him for the completion of his
purchase within 4+5 days from delivery or tender to him of an abstract
of the said property; otherwise the sum this day paid shall be re-
tained by the seller as liquidated and agreed damages, and the seller
shall be relieved from all obligations under this instrument.
r b
The seller is to furnish an abstract showing his title to be
good and marketable and/or insurable, but in the event that the
title shall not be found good and marketable, the seller agrees 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 his part said title shall not be made good and market-
able within a reasonable time, the seller shall return the money
this day paid and all moneys that may have been paid to him under
this contract, and thereupon he shall be released from all obliga-
tions hereunder. Or, upon request of the purchaser, he shall deliver
the title in its existing condition.
This contract shall be binding upon both parties when approved
by the owner of the property above described.
Broker
By (Signed) Oliver P. Searing
I, or we, agree to purchase the above described property on the
terms and conditions stated in the foregoing instrument.
Witness :
(Seal)
(Seal)
I, or we, agree to sell the above mentioned property to the
above named purchaser on the terms and conditions stated in the
above instrument.
Witness :
(Signed) Oliver P. Searing (Signed) Horace C. Wilson, (Seal)
Trustee
(Signed) Hazel I. Searing (Signed) Ellen M. Wilson (Seal)
I, or we, agree to pay to the above signed broker, as commission,
the sum of Two hundred and twenty-three Dollars
($223.00) or one-half of the deposit, in case same is forfeited by
purchaser, provided the same shall not exceed the full amount of
commission.
Witness :
(Signed) Oliver P. Searing _ (Signed) Horace C. Wilson (Seal)
Trustee
(Signed) Hazel I . Searing (Seal) "
WHEREAS, also, said prospective seller agreed to furnish an
abstract showing a merchantable title of record to date of transfer,
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 docu-
ments 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 10th day of N.vember, A. D. , 1937.
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