RESOLUTION 89-19712 RESOLUTION NO. 89-19712
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT OF SALE WITH
DOCTEUR GUY BEAUBOIS FOR PROPERTIES LOCATED AT
1185 - 1205 NORTH SHORE DRIVE, MIAMI BEACH,
FLORIDA AND FURTHER AUTHORIZING THE MAYOR TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO
CARRY OUT THE CLOSING OF THE SALE.
WHEREAS, the City of Miami Beach is the Owner of the following
described property:
LEGAL DESCRIPTION
COMMENCE AT THE NORTHWEST CORNER OF TRACT 46 A, NORMANDY
GOLF COURSE SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 44, AT PAGE 62 , PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, SAID POINT ALSO KNOWN AS THE
NORTHWEST CORNER OF LOT 18, SUBDIVISION OF TRACT 46 A,
OF NORMANDY GOLF COURSE SUBDIVISION, PLAT BOOK 55, PAGE
95, PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE RUN
ALONG A CIRCULAR CURVE CONCAVE TO EAST, HAVING A CENTRAL
ANGLE OF 12 °52 ' 32" AND A RADIUS OF 2 ,225. 00 FEET FOR AN
ARC DISTANCE OF 281.80 FEET TO THE POINT OF BEGINNING;
THENCE RUN ALONG THE ABOVE DESCRIBED CURVE FOR AN ARC
DISTANCE OF 218.20 FEET TO A POINT, SAID POINT BEING THE
SOUTHWEST CORNER OF LOT 1, BLOCK 65, NORMANDY GOLF COURSE
SUBDIVISION, PLAT BOOK 44, PAGE 62 , PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; THENCE RUN N76 30 ' 00"E, ALONG THE
SOUTH LINE OF SAID LOT 1 FOR A DISTANCE OF 182 . 99 FEET
TO A POINT; THENCE RUN S24 °39 ' 44"W FOR A DISTANCE OF
79 . 47 FEET TO A POINT; THENCE RUN ALONG A COMPOUND CURVE
CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 5°
25 ' 05" AND A RADIUS OF 544 .71 FEET FOR AN ARC DISTANCE
OF 51. 51 FEET TO A POINT; THENCE RUN THE ABOVE MENTIONED
COMPOUND CURVE, HAVING A CENTRAL ANGLE OF 32 ° 10 ' 20" AND
A RADIUS OF 288. 11 FEET FOR AN ARC DISTANCE OF 159 . 66
FEET TO A POINT; THENCE RUN N81 42 , 15"W FOR A DISTANCE
OF 167 .79 FEET TO THE POINT OF BEGINNING.
SAID LANDS LOCATED, LYING AND BEING IN THE CITY OF MIAMI
BEACH, FLORIDA AND CONTAINING 36,855 SQUARE FEET MORE OR
LESS OR 0 .8461 ACRES MORE OR LESS.
WHEREAS, on or about April 17 , 1989 the City of Miami Beach
issued Request for Proposals No. 65-88/89 , requesting proposals
from interested parties to purchase the above described property;
and
WHEREAS, the City of Miami Beach received no replies to the
aforementioned Request for Proposals; and
WHEREAS, the Land Use Committee recommended at its meeting on
June 21, 1989 , and the City Commission approved at its meeting on
June 28 , 1989 , a direction to the City Administration that the
purchase price of the above described property be established at
no less than $375, 000 . 00 ; and
WHEREAS, Dr. Guy Beaubois submitted an offer to the City
Administration to purchase the above described property for a
purchase price of $375, 000. 00 ; and
WHEREAS, Said offer is contained in the Contract of Sale,
including Exhibit "A" attached thereto, which has been negotiated
between the parties and has been recommended by the City Manager
and has been approved to form by the City Attorney; and
WHEREAS, the Land Use Committee at its meeting on August 23 ,
1989 recommended that the City Commission approve the sale of the
above described property as provided for in the Contract of Sale.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor is hereby
authorized to execute on behalf of the City of Miami Beach a
Contract of Sale to be entered into with Dr. Guy Baubois regarding
the property located at 1185 - 1205 North Shore Drive, and further
the Mayor is authorized to execute any and all documents necessary
to carry out the closing of the properties.
PASSED and ADOPTED this 6th day of September , 1989 .
/t117:1;1111i /If
40011111°."
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MAY• . - _
FORM APPROVED
ATTEST:
LEGAL DEPT.
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CONTRACT OF SALE
THIS AGREEMENT made and entered into this day of
*' i, � , 1989, byand between the CITY OF MIAMI BEACH, 1700
C:nvention Center Dr. , Miami Beach, FL 33139 hereinafter referred
to as "City" or "Seller" and DOCTEUR GUY BEAUBOIS whose address is
97120 Saint Claude, Guadeloupe, French West Indies, hereinafter
referred to as "Purchaser" .
WITNESSETH
1. The City agrees to sell and convey and the Purchaser
agrees to purchase all the certain plots, pieces or parcels of
land, situate and lying on the three (3) residential lots at 1185 -
1205 North Shore Drive, Miami Beach, Florida.
2 . The subject property is more particularly described on
Exhibit "A" , which is attached hereto and made a part hereof for
all purposes.
3 . It is the City's intent to sell the city-owned property
referenced above for the purpose of constructing three (3) single
family detached dwellings, one dwelling on each parcel, to
accommodate uses compatible with the surrounding land use.
4 . The subject property is vacant land. Purchaser may cause
an environmental survey satisfactory to the lender issuing the new
first mortgage inspection for all hazardous materials and Radon,
by a company acceptable to the lending institution designated by
the lender selected by Purchaser to place the new first mortgage,
and to the levels of survey required by such lender. Purchaser at
its option may bear the cost of any remedial cleanup required by
the report of the environmental survey, or may terminate this
contract and the deposit returned if the estimated clean up cost
exceeds Three Thousand and No/100 Dollars ($3 , 000. 00) . A copy of
the report and/or a clearance report following completion of the
environmental survey shall be delivered to Seller. In all other
respects, Purchaser hereby accepts the subject property in its
present "as is" condition. Purchaser represents and warrants that
he has personally inspected the subject property and is satisfied
with its condition, subject to the above right to obtain an
environmental survey.
-1- .
5. The total purchase price for the subject property shall
be Three Hundred Seventy Five Thousand and No/100 Dollars
($375, 000. 00) payable in cash or bank certified or cashiers check
at the time of closing.
6. The Purchaser has deposited with the City the sum of Ten
Thousand and No/100 Dollars ($10, 000. 00) , to be applied toward the
purchase price.
7 . The Purchaser shall provide the City with additional
deposit in the amount of Twenty Seven Thousand Five Hundred and
No/100 ($27 , 500. 00) within ten (10) days of approval of this
contract by the City Commission of the City of Miami Beach. Such
additional deposit shall be applied toward the purchase price.
8 . This Agreement shall be subject to Purchaser obtaining
a firm loan commitment from an institutional lender at the
prevailing interest rate, for a term of fifteen (15) years, and in
the principal amount of Two Hundred Sixty Two Thousand Five Hundred
and No/100 Dollars ($262 , 500. 00) . Purchaser will make application
within five (5) days from the date of approval of this Agreement
by the City Commission of the City of Miami Beach. If Purchaser
fails to obtain a written loan commitment unconditional except for
survey within forty-five (45) days of the previously indicated
approval date, this Agreement shall be automatically cancelled and
all monies deposited hereunder shall be returned to Purchaser.
9. Conveyance of title shall be by special warranty deed, free
and clear of all encumbrances and liens of whatsoever nature,
except easements, reservations, and restrictions of record,
applicable zoning regulations, taxes for current year, any liens
which may be created by pending legislation prior to passage of
title, and other matters as are specified herein. Seller' s
special warranty deed shall also be clear of all reverter clauses
and reservations for drainage, phosphate, minerals, metals,
petroleum and rights-of-way, whether in favor of an individual or
governmental unit. Seller shall also deliver an affidavit
attesting to the absence of liens or potential lienors known to
Seller.
10. The Seller shall at its expense furnish Purchaser with an
abstract of title within forty-five (4 5) days from the date of this
contract. Seller shall provide a complete abstract of title from
the earliest public records certified and brought current by an
existing abstract firm (if not existing, then certified as correct
-2- •
by an existing firm) purporting to be an accurate synopsis of the
instruments affecting the title in accordance with standards
adopted from time to time by the Florida Bar, subject only to
liens, encumbrances, exceptions or qualifications set forth in this
contract and those which shall be discharged by Seller at or before
closing. Upon the closing of this transaction, such abstract shall
become the property of Purchaser but may be retained by the
mortgagee until all outstanding mortgages are fully paid. In the
event that after Purchaser has examined the title and said
examination reveals defects in Seller' s title, Seller shall have
a period of thirty (30) days after notification thereof within
which to cure said defects.
11. Purchaser, within the time allowed for delivery of
abstract and examination thereof, may have subject property
surveyed at his expense. If the survey shows any encroachment on
said property or that the improvements presumed to be located on
the subject property in fact encroach on the lands of others, or
violate any of the covenants herein, the same shall be treated as
a title defect, as provided in Paragraph 10 of this Contract.
12 . Closing shall take place within sixty (60) days of the
approval of this contract by the City Commission of the City of
Miami Beach. Closing shall be held at the office of the closing
agent selected by Lender, located in Dade County, Florida and
provided that the Seller shall be provided with the closing
documents forty-eight (48) hours prior to closing.
13 . State documentary stamps and surtax on deed and the cost
of recording any corrective instruments shall be paid by Seller.
The cost of recording the deed shall be paid by Purchaser.
14 . Real and Personal property taxes shall be prorated based
on the current year tax, if any (since ownership is by a
municipality, property is exempt) with due allowance being made for
the maximum allowable discount and for homestead or other
exemptions if allowed for said year. If the closing occurs at a
date when the current year' s assessment is not available, then
taxes shall be prorated on the prior year' s tax, provided, however,
if there are completed improvements on the subject premises by
January 1st of the year of closing which improvements were not in
existence on January 1st of the prior year, then the taxes shall
be prorated to assessment to be agreed upon between the parties.
However, any tax proration based on an estimate may at the request
of either party be subsequently readjusted upon receipt of the tax
bill, and a statement to that effect will be set forth in the
-3- •
closing statement.
15. Certified, confirmed and ratified special assessment
liens as of the date of closing are to be paid by Seller. Pending
liens as of the date of closing shall be assumed by Purchaser,
provided, however, that where the improvement has been
substantially completed as of the date of the contract, such
pending lien shall be considered as certified, confirmed or
ratified and Seller shall, at closing be charged an amount equal
to the last estimate by the public body of the assessment for the
improvement.
16. No later than twenty (2 0) days before closing, Purchaser
may deliver to Seller a written inspection report from the
appropriate governmental authorities showing any building, zoning
and other code violations. Any such violation shall be treated as
a title defect.
17 . Failure of Purchaser to timely conform to any term or
terms of this Agreement shall be default of this Agreement and
shall allow the City to pursue any and all legal , equitable, and
administrative remedies it has available to it.
18 . In the event of default on the part of either party hereto
in consummating this contract, then the defaulting party agrees to
pay all costs and expenses incurred by the innocent party in
enforcing the innocent party's rights hereunder including
reasonable attorney' s fees.
19 . Time shall be of the essence.
20. This Agreement shall be governed by the laws of the State
of Florida, and the invalidity of any one or more of the words,
phrases, sentences, clauses, section, subdivisions, or
subparagraphs contained in this Agreement shall not affect the
enforceability of the remaining portions of this Agreement or any
part thereof, all of which are inserted conditionally on their
being valid in law, and in the event that one or more of the words,
phrases, sentences, clauses, sections, subdivisions, or
subparagraphs contained herein shall be invalid, this instrument
shall be construed as if such invalid word or words, phrase or
phrases, sentence or sentences, clause or clauses, section or
sections, subdivision or subdivisions, subparagraph or
subparagraphs had not been inserted and if such invalidity shall
be caused by the length of any period of time or the size of any
area set forth in any part hereof, such period of time or such
area, or both, shall be considered to be reduced to a period or
area which would cure such invalidity.
21. Failure of the City to insist upon strict compliance with
any of the terms, covenants or conditions hereof shall not be
deemed a waiver of such terms, covenants or conditions nor shall
any waiver or relinquishment of any right or power hereunder, at
any one time or more times, be deemed a waiver or relinquishment
of such right or power at any other time or times.
22 . This contract including Exhibit A constitutes the entire
agreement between the parties, and any changes, amendments or
modifications hereof shall be void unless the same are reduced to
writing and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the date and year first above written.
Attest:
11 ) 1,... . (-
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VP /' W-17.‘Ved)del /1 ---ems
it" ess DOCTEUR/GUY BEAUBOIS pe,e. , /
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------
// Witness ---r
Attest: 4011111/ :" Amp
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City Clerk MAYOR
9/'wfj CITY OF MIAMI BEACH
FORM
APPROVED
HCM:s e s LEGAL DEPT.
By °1-1:*27
Date 11
-5-
POWER O* ATYORNtY
RAMCO FORM 41
‘94P10 wer of ttorttey
Jfltn
rtsents
TIQI GUY BEAUBOIS
ha s made, constituted and appointed,pP d, and by these presents do
esmake, c
onalll ut a and ap-
point INAKI SAIZARBZTORIA
ESQUIRE
true and
lawful attorney.for him and in his nan2r, lace
P and stead
and hereby authorizes and
empowers him to execute
te
any and/or other documentation necessaryin withthe purchase of property described as(3) residential lots at 1185-1205 North Shore Drive,
Mlamf Beach, Florida from the City of Miami Beach, Florida
giving and granting unto him
said attorney full power
and authority to do andcr or
F f nt all and every act and thing whatsoever requisite and necessaryto
be done in and about
the premises as lully. to all intents and purpvtes. as he might
� or could do
if personally present, with full
power of substitution and r
tr occtlion, hereby ratifying and confirm-
ing nQ all that l
his said attorney or
substitute shall lawfullydo or rause auJe to be done by virtue hereof.
in ass Mater,
he hast hereunto set his�s hand and
seal the sixteenth day August
in the year one thousand note
hundred and eighty-nine.
A �
Sealed and deli creel in there -�► �� �
F •ence o f
ilty/
(L. S.)
,G AUBOISStale
of FLORIDA
County
Of DADE
Be it
I(ILOWIi, Thai on the sixteenth Ih day of August
one
thousand nine hundred and eighty-nine
, before f me,
a Notary public
In and for the Slate of F10 •
rlda
duly commissioned and sworn, dwelling in the City of Miami
Personally came and appeared GUY
BEAUBOIS
knownknown, and to me personally
to me to the same person
described in and who erecc,•le
)j attorney, d the within power
and he acknowledged
md deed. the Within power of actor :�
attorney to b._ his
act
In
ltSlIifly IIIIiereoI, I have h •
ereunta arrbscrrb
myname:Q n d a
my seal o� office
he day and year last above written. NOTARY PUBIIC STA1 Fl tk) ��!4*-Cf-V 'ff4. S.)
NY COMMISSION X .' F .71,1191'
BONDED THRU GENERAL INS. M.
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Contr:et of Sale, Dated:
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4,-. n 1 r.
LEGAL DESCRIPTION
COMMENCE AT THE NORTHWEST CORNER OF TRACT 46 A, NORMANDY Gtr;.' COURSE
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 44 , AT
PAGE 62 , PUBLIC RECORDS OF DADE COUNTY, FLORIDA, $AID POINT ALSO KNOWN
AS THE NORTHWEST CORNER OF LOT 18 , SUBDIVISION OF TRACT 46 A, OF
NORMANDY GOLF COURSE SUBDIVISION, PLAT BOOK 55, PAGE 95, PUBLIC RECORDS
OF DADE * COUNTY, FLORIDA; THENCE RUN ALONG A CIRCULAR CURVE CONCAVE TO
EAST, HAVING A CENTRAL ANGLE OF 12° 52 ' 32" AND A RADIUS OF 2 , 225 . 00 FEET
FOR AN ARC DISTANCE OF 281 . 80 FEET TO THE POINT OF BEGINNING; THENCE RUN
ALONG THE ABOVE DESCRIBED CURVE FOR AN ARC DISTANCE OF 218 . 20 FEET TO A
POINT, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 1 , BLOCK 65 ,
NORMANDY GOLF COURSE SUBDIVISION, PLAT BOOK 44 , PAGE 62, PUBLIC RECORDS
OF DADE COUNTY, FLORIDA; THENCE RUN N76 30 ' 00"E, ALONG THE SOUTH LINE OF
SAID LOT 1 FOR A DISTANCE OF 182 . 99 FEET TO A POINT; THENCE RUN
S24' 39 ' 44"W FOR A DISTANCE OF 79. 47 FEET TO A POINT; THENCE RUN ALONG A
COMPOUND CURVE CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF
5°25 ' 05" AND A RADIUS OF 544 . 71 FEET FOR AN ARC DISTANCE OF 51 . 51 FEET
TO A POINT; THENCE RUN THE ABOVE MENTIONED COMPOUND CURVE, HAVING A
CENTRAL ANGLE OF 15r10 ' 20" AND A RADIUS OF 286. 11 FEET FOR AN ARC
DISTANCE OF 15 9.6 6 FEET TO A POINT; THENCE RUN N81 42 ' 15 "W FOR A
DISTANCE OF 167. 79 FEET TO THE POINT OF BEGINNING.
SAID LANDS LOCATED, LYING AND BEING IN THE CITY OF MIAMI BEACH, FLORIDA
AND CONTAINING 3 6,P5 5 SQUARE FEET MORE OR LESS OR 0 .8461 ACRES MORE OR
LESS.
Contract of Sale, Dated:
EXHIBIT "A"
Page 4 of 4
ORIGINAL
RES`LUTIoN NO. 89-19712
Authorizing the Mayor to execute a con-
tract of sale with Docteur Guy Beaubois
for properties located at 1185 - 1205
North Shore Drive, Miami Beach, Florida ,.
and further authorizing the Mayor to
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execute any and all documents necessary to
carry out the closing of the sale.
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