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RESOLUTION 89-19782 RESOLUTION NO. 89-19782 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE CONTRACT OF SALE BETWEEN THE CITY OF MIAMI BEACH AND DOCTEUR GUY BEAUBOIS FOR THE SALE OF CITY-OWNED PROPERTY AT 1185- 1205 NORTH SHORE DRIVE, MIAMI BEACH, FLORIDA WHEREAS, pursuant to City Commission Resolution No. 89-19712 , the City and Docteur Guy Beaubois ("Purchaser") entered into a Contract of Sale for the sale and purchase of certain real property owned by the City located at 1185 - 1205 North Shore Drive, Miami Beach, Florida; and WHEREAS, said Contract of Sale provided for a forty-five (45) day period for the Purchaser to obtain a written loan commitment for the purchase; and WHEREAS, the Purchaser has requested, and the City wishes to grant, an extension of time for the Purchaser to obtain the necessary loan commitment;and WHEREAS, the City Manager has prepared a First Amendment to the referenced Contract of Sale extending the period of time for the Purchaser to obtain the necessary loan commitment until November 30, 1989 ; and the City Attorney has approved it as to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute on behalf of the City of Miami Beach the attached First Amendment to the Contract of Sale between the City of Miami Beach and Docteur Guy Beaubois regarding the City- owned properties at 1185 - 1205 North Shore Drive. PASSED and ADOPTED this 31st day of October , 1989 . (72/ Ice MAYOR N) ATTEST: jagZevst,t- FORM APPROVED CITY CLERK LEGAL DEPS'. By Date .../‘Z..0? et:0, /44m I Feeld M s FLORIDA 3 3 1 3 9 14'7;*\, * INCORP ORATED)#;' "V A CA/I O N L A ND V. S. A. " ' OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. C 2-/R? DATE: October 31, 1989 TO: Mayor Alex Daoud = • Members of t - ity Co iss • ..011111111 FROM. Rob W. Par s k f/i1, / City Manager SUBJECT: FIRST AMENDMENT TO CONTRACT OF SALE WITH DR. GUY BEAUBOIS FOR SALE OF CITY OWNED PROPERTY AT 1185-1205 NORTH SHORE DRIVE, MIAMI BEACH, FLORIDA HISTORY: Pursuant to City Commission Resolution No. 89-19712 , approved September 6, 1989, the City and Dr. Guy Beaubois ("Purchaser") entered into a Contract of Sale for the sale and purchase of certain real property owned by the City located at 1185 - 1205 North Shore Drive, Miami Beach, Florida. The Contract of Sale provided for a forty-five (45) period for the Purchaser to obtain a written loan commitment for the purchase. The Purchaser has requested an extension to the period of time to obtain the necessary loan commitment. (Please see attached) . TERMS AND CONDITIONS: The proposed amendment to the Contract of Sale provides for an extension of the period of time for the Purchaser to obtain the necessary loan commitment until November 30, 1989 . If the loan commitment is not secured by that date, the Contract of Sale will be cancelled and the deposit monies returned. ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve and authorize the Mayor and City Clerk to execute the attached Resolution approving the First Amendment to the Contract of Sale between the City and Dr. Guy Beaubois for the sale of City-owned properties at 1185 - 1205 North Shore Drive, Miami Beach, Florida, providing for an extension to the period of time for the Purchaser to obtain the necessary loan commitment until November 30, 1989 . RWP:WHH:HCM:ses 9 AGENDA ITEM DATE - FIRST AMENDMENT TO CONTRACT OF SALE THIS FIRST AMBNDMENT TO CONTRACT OF SALE, made and entered into this )tU day of 'll,4414a , 1989 , by and between the CITY OF MIAMI BEACH, municipal corporation (hereinafter referred to as "City" or "Seller") and DOCTEUR GUY BEAUBOIS, whose address is 97120 Saint Claude , Guadeloupe, French West Indies (hereinafter referred to the "Purchaser") : WITNESSETH WHEREAS, pursuant to City Commission Resolution No. 89-19712 , approved September 6, 1989 , the City and Purchaser entered into a Contract of Sale for the sale and purchase of certain real property owned by the City located at 1185 - 1205 North Shore Drive, Miami Beach, Florida; and WHEREAS, said Contract of Sale provided for a forty-five (45) day period for the Purchaser to obtain a written loan commitment for the purchase; and WHEREAS, the Purchaser has requested an extension of an additional thirty ( 30) days in which to obtain the necessary loan commitment; and WHEREAS, the seller desires to grant an extension of time until November 30, 1989 to permit the Purchaser to obtain the necessary loan commitment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Paragraph 8 , cf the Contract of Sale is hereby amended to strike the third sentence and replace it with the following sentence: "If Purchaser fails to obtain a written loan commitment unconditional except for survey by November 30, 1989 , without further extension, this Agreement shall be automatically cancelled and all monies deposited hereunder shall be returned to Purchaser. " 2 . The parties hereby ratify and confirm all other terms and conditions of the Contract of Sale which remain unchanged. 1 IN WITNESS WIC{EREOF, the parties hereto have caused these presents to be signed by the duly authorized officers and the respective corporate seals to be affixed this 625 -cl day of ( /��L , 1989 . ATTEST: CITY OF MIAMI BEACH *t (54A-41 - / c:,..„..,,,,( ,_ L „ is `'- —-,, CITY CLERK ifi ll`k f VietMAYOR �''-› FORM APPROVED LEGAL DEPT. ATTEST: By# 2Z_CgLa �'� Date l 0 Z S 81 AOP-" -- .7" i / 1 / di,/,et-a7-70,-a?6- ,Witness DOCTEU•! UY BEAUBOIS tz&ei497- - .______izt),Lic., 9..h.„),2„/... ..___. Witness 2 ►QWIR OR ATtORNtY AAMCO PO*M U 12., ipt . . . r wer 01 nitOrney . Know NI Eta By That bums T GUY Thal B FAU8Q1 S ha $ ode, constituted and appointed, Qnd by these presents do es make, constitute and ap- point INAKI SAIZARBITQ CIA, ESQUIRE for him true and - lawful Qllornev and fa h i s name. place and stead and hexebY authorizes agreementand empowers him to exec s and/or other document site any ' connection W with the dtion rieCes3aj' in purchase of three (3) residential property described a$ 1 lots at 1185..124 Miami Beach, orth Shore Floridaa from the City of Miami Drive, Beach, Florida giving and grantingunto him said attorney full power and authority to do andr pc f orm all and every act and thing whatsoever requisite and necessary be done in and about - to the premises as fully, to all intintents and purposes, os he might or could do if personally present, with full power of substitution and revocation,oR. hertby ratifying and confirm- ing all that said attorney or his substitute shall lawfully do or cause to be donevirtue by herco f. In Witness Whereof, he has hantxhereunto set his g hand and seal the sixteenth day of August In the year orte thousand nine hundred and eighty-nine. Y e. Sealed and deli ertd in . // the pretence of , e, -,_ Lekki 1 --,------- .. -.b. ----------- .N...\.N... ..N N.• i li- -le- "G • • •U OI S katto( FLORIDA ( . County OE D • Abe , Pt it Num That on the sixteenth day of August one thousand nine hundred and eighty-nine . ,before t me, a Notary Public In and for the State of Florida duly contmisslorred and sworn, dwelling in the City of Miami personally came and appeared GUY BEAUBOIS to me personally 'rnowrt. and known to me to be the • same person described in and who execi,'lc- d the within power ,1 attorney, and he 'nd deed. acknowledged the withinpower • of attorney to b^ hs s act In Tcfiintyn IVlierto(, .1 have hcreunt arjb�ert b my name and a .x �e dayand / my seal of Vice year last above written, ARY P 8 SINT Nt�T U SIC S AT p\ C6j4L-VV\g6L MY COMMISSION EXP.'0EC.2'N;1991" • •-• •-• .. ... BOSIOEO THRU GENERAL INS. UNV. ORIGINAL RESOLUTION NO. 89-19782 Authorizing the Mayor and City Clerk to execute a First Amendment to the Contract of Sale between the City of Miami Beach and Docteur Guy Beaubois for the sale of City-owned property at 1185-1205 North Shore Drive, Miami Beach, Florida.