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?
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* 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.