95-21787 RESO
"
RESOLUTION NO. 95-21787
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
THE SALE OF APPROXIMATELY 54.7 ACRES OF LAND,
COMPRISING PART OF THAT CERTAIN CITY-OWNED
PROPERTY LOCATED IN NORm DADE AND COMMONLY
REFERRED TO AS THE OJUS PROPERTY; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT FOR SALE AND PURCHASE BETWEEN THE
CITY AND THE SCHOOL BOARD OF DADE COUNTY,
FLORIDA, IN THE AMOUNT OF $4,468,180.00, SUBJECT TO
FINAL NEGOTIATION AND REVIEW OF SAME BY THE
ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE DEED AND ANY AND ALL NECESSARY
CLOSING DOCUMENTS, SUBJECT TO REVIEW OF SAME
BY THE CITY ATTORNEY'S OFFICE; AND PROVIDING
THAT ALL PROCEEDS FROM THE SALE ARE TO BE
DEDICATED TO THE CITY'S RESERVE FUND.
WHEREAS, the City is the owner of an approximately 143-acre tract ofland in North Dade
which is commonly known as the Ojus Property; and
WHEREAS, the City has been negotiating with the School Board of Dade County, Florida
(School Board) for the sale of approximately 54.7 acres, comprising a portion of the Ojus Property
(property), which the School Board intends to use to develop a new school site(s) in the North Dade
area; and
WHEREAS, the parties have negiotated the attached Contract for Purchase and Sale for the
aforestated 54.7 acres, for the purchase price of$4,468,180.00; and
WHEREAS, at the request of the Mayor and City Commission, the proceeds from the sale
of the Property to the School Board shall be dedicated to the City's Reserve Fund, toward deficit and
reserve funding.
.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission herein approve the sale of approximately 54.7 acres ofland, comprising part of that
certain City-owned property located in North Dade and commonly referred to as the Ojus Property;
authorize the Mayor and City Clerk to execute the attached Contract for Sale and Purchase between
the City and the School Board of Dade County, Florida, in the amount of $4,468,180.00, subject to
final negotiation and review of same by the Administration and the City Attorney's Office; authorize
the Mayor and City Clerk to execute the deed and any and all necessary closing documents, subject
to review of same by the City Attorney's Office; and direct all proceeds from the sale to be dedicated
to the City's Reserve Fund.
PASSED AND ADOPTED this 11th day of Oct er, 1995.
ATTEST:
C,\WPWIN60\WPDOCS\RESOLUTN\OJUSSCHL.PUR
FORM APPROVED
~L DEPT.
By ~..J11.t; d1O/L-
Date .J..-l:/-t V'1$-.q
,
CONTRACT FOR SALE AND PURCHASE
~ ~tn"t foc "" ud P.""".. t, Ml<red .... u of tho 1J%f day of
'fLl/' 995, by and between THE SCHOOL BOARD OF DADE COUNTY,
FLORIDA, a body politic under the laws of the State of Florida, hereinafter referred to as
"Buyer" and CITY OF MIAMI BEACH, a Florida Municipal Corporation, hereinafter referred
to as "Seller."
WITNESSETH, that for and in consideration of the mutual covenants contained herein,
the Buyer and Seller agree as follows:
1. REALTY. Seller agrees to sell to Buyer that certain real property situated in Dade
County, Florida and comprising approximately 54.7 acres of land, more specifically
described in Exhibit A together with all tenements, hereditaments, privileges, servitudes,
rights-of-reverter, and other rights appurtenant thereto: all buildings, fixtures, and other
improvements thereon, if any, all fill and top soil thereon; all oil, gas and mineral rights
possessed by Seller; and all right, title and interest of Seller in and to any and all streets,
roads, highways, easements, drainage rights, or rights-of-way, appurtenant to the real
property; and all right, title and interest of Seller in and to any and all covenants,
restrictions, agreements and riparian rights benefiting the real property (all of the
foregoing being referred to as the "Property"). The legal description of the Property shall
be confirmed by the Survey referenced in Paragraph 7.
2. PURCHASE PRICE. Buyer agrees to pay Seller a purchase price of Four million four
hundred sixty-eight thousand one hundred eighty and no/lOO dollars ($4,468,180.00) for
the Property.
3. TERMS OF PAYMENT. Upon execution of the Contract, the parties agree to deposit
in escrow a check made payable to Seller, in the amount of Four hundred forty-six
thousand eight hundred eighteen and noli 00 Dollars ($446,818.00), with Buyer's
attorney, to be held under the terms and conditions hereof as earnest money and part
payment, receipt of which is hereby acknowledged by Seller and Buyer's attorney.
Subject to adjustments for prorations at the time of closing, Buyer shall pay the sum of
Four million twenty-one thousand and three hundred sixty-two and no/lOO dollars
($4,021,362.00) to Seller and the sum of Four hundred forty-six thousand eight hundred
eighteen and no/OO dollars ($446,818.00) in escrow with Buyer's attorney shall also be
released to Seller.
I
4. INTEREST CONVEYED. Seller warrants that it holds fee simple title to the Property,
free and clear of any and all encumbrances and agrees to convey good, marketable, and
insurable fee simple title by Warranty Deed. Seller agrees to provide at closing an
executed Warranty Deed in favor of Buyer, substantially in the form attached hereto as
Exhibit B.
5. PRORATIONS. Delinquent ad valorem taxes, if any, shall be paid by SeHer. 1995 ad
valorem and personal property taxes, assessments, utility fees, solid waste disposal fees,
improvement liens, rents, costs and revenues, if any, and any and all other proratable
items shall be prorated as of midnight on the date preceding the date of closing.
6. TITLE INSURANCE. SeHer shaH, at SeHer's expense and within thirty (30) business
days of the effective date of this Contract, obtain a marketable title insurance
commitment and an owner's marketable title insurance policy (ALTA Form nBn) from
Lawyer's Title Insurance Company in the amount of the purchase price. Said policy shall
show a good, marketable and insurable title to the Property in the Seller's name, free and
clear of aH liens, encumbrances, rights of occupancy, or other matters except only the
following: (i) ad valorem real estate taxes for the year of closing and subsequent years
which shall be prorated between Buyer and Seller as of midnight on the date preceding
the date of closing; (ii) applicable zoning ordinances and regulations in accordance with
this Contract; and (iii) those certain matters (including utility easements) as shown on
Schedule B-2 to the title insurance commitment, that are acceptable to Buyer's attorney.
In addition, the policy shall insure title to the Property for the period between closing and
recording of the warranty deed. In connection herewith, Seller agrees to provide and pay
the cost of recording of aH affidavits and other documents as required by the title insurer.
Buyer shaH have thirty (30) business days from receipt of title documents to inspect said
title documents and report defects, if any, in writing to the SeHer. If the title search
shows title to the Property to be unmarketable and uninsurable as provided herein, the
Seller shall have sixty (60) days from receipt of written notice from Buyer to cure the
designated defects. The SeHer hereby agrees to use reasonable diligence to cure said
defects. If Seller is unable, after reasonable diligence, to make the title good, marketable
and insurable to Buyer, then this Contract shaH be rendered nuH and void and the Buyer
shall receive the return of its earnest money deposit and both Buyer and Seller shall be
released of all obligations hereunder, except that Buyer may waive any defects and
proceed with closing at Buyer's option. Seller shall pay all reasonable recording fees for
corrective instruments required hereunder. Should the estimated cost to cure said title
defect exceed a sum which is equal to 1% of the purchase price as stated in paragraph 2,
SeHer may elect to terminate this Contract and neither party shaH have any further
obligations under this Contract. Notwithstanding the aforestated, Seller shall have no
2
obligation to file any lawsuits and cure any title objections raised by Buyer.
7. SURVEY. No later than 20 days prior to the closing date, Seller shall obtain at its sole
cost and expense, a current survey of the Property prepared by a professional land
surveyor licensed by the State of Florida and certified to Buyer and Lawyers Title
Insurance Company. If the survey shows any encroachment on the Property or that any
improvements on the Property encroach on the land of others, the same shall be regarded
as a title defect. Further Seller's liability to cure any and all encroachments shall not
exceed one percent (I %) of the purchase price referenced in Paragraph 2 herein.
8. TENANCIES. Seller represents that no person is living on or occupying the Property,
that there is no tenant in possession of the Property and that there are no leases or other
agreements and understandings either oral or written affecting possession, use or
occupancy of the Property. Seller shall be responsible for evicting any and all persons
and/or personal property found on the Property prior to closing.
9. LIENS. Certified municipal and county liens, if any, shall be paid in full at or before
closing by the Seller. If a pending lien has been filed against the Property which has not
been certified as of the date of closing, and the work and improvements for which the lien
was filed have been completed prior to the closing, despite the fact that the pending lien
has not been certified, such lien shall be paid by the Seller.
10. ENVIRONMENTAL INVESTIGATION. Buyer's obligation to purchase the Property
shall be contingent upon the results of its environmental investigation of the Property,
which shall be performed at Buyer's sole cost and expense. Buyer shall be required to
complete its environmental investigation within thirty (30) days upon execution of this
Contract. In the event that said environmental investigation discloses the existence of
"hazardous substances" or "petroleum products," as those terms are defined by applicable
Federal or State statute or by rules or regulations promulgated pursuant thereto, as
amended from time to time, within thirty (30) days of the Buyer's receipt of same, Buyer
shall have the option to terminate this Contract upon notice to Seller and the parties shall
be relieved of all further obligations and liability hereunder.
11. LANDFILL CLOSURE. Prior to closing, Seller shall obtain from the Dade County
Department of Environmental Resources Management (DERM), and any other
appropriate governmental authority, verification that the Property is not classified as part
of the larger tract of land known as the former Ojus Landfill. Seller has obtained from
DERM written verification that DERM has no objection to the construction and use of
the proposed high school provided required closure conditions are adhered to. (See
3
~
:
EXHIBIT A
. ..
LEGAL DESCRIPTION
.'
. A parcel of land belnll a portion of the West one-half (112) of the Northeast one-quarter (1/4) of Seetlon 32, Township
51 South, Ranlle 42 East, lying In Dade County, florida and belnll more particularly described as follows:
BEGIN at the Southwest corner of said West one-half (112) of the Northeast one-quarter (114) of Seetlon 32;
thence N88044'Ol "E alonll the Southerly line of said West one-half (112) of the Northeast one-quarter (1/4)
of Seetlon 32 for a distance of 1340.37 feet to the Southeast eomer of said West one-half (112) of the Northeast
one-quarter (1/4) of Seetlon 32; thence N02"06'05"W alonll the Easterly line of said West one-half (112) of the
Northeast one-quarter (1/4) of Seetlon 32 for a distance of 847.01 feet; thence S88034'39"W for a distance of
513.77 feet; thence N36055'21"W for 272.71 feet thenee N02017'OI"W along a line 674.03 feet Easterly of, as
measured at rlllht angles to and parallel with the Westerly line of said West one-half (112) of the Northeast
one-quarter (114) of said Seetlon 32 for a distance of 1610.55 feet to a point of Interseetlon with the dividing
line between Dade and Broward Counties and the Northerly line of the Northeast one-quarter (1/4) of said
ZZZSedlon 32; thence S88006'42"W alonll said Northerly line of the Northeast one-quarter (1/4) of Seetlon
32 for a distance of639.14 feet to a point of Interseetlon with the Easterly Right of Way line of Northeast 14th
Avenue. said Easterly Rlllht of Way line helne 35.00 feet Easterly of, as measured at rlllht angles to and
parallel with the Westerly line of said West one-half (112) of the Northeast one-quarter (1/4) of Seetlon 32;
thence S02017'OI"E alonll said Easterly Right of Way line for a distance of 310.41 feet to a point; thence
888023'31"W for a distance of35.00 feet to a point oflnterseetlon with the Westerly line ofsald West one-half
(112) of the Northeast one-quarter (114) of Section 32; thence S02017'OI"E along said Westerly line of the
Northeast one-quarter (114) of Seetlon 32 for a dlstanee of 2360.26 feet to the POINT OF BEGINNING.
EXHIBIT B
WARRANTY DEED
THIS DEED, made this _ day of , 19-, by and between CITY
OF MIAMI BEACH, a Florida Municipal Corporation, party of the first part, whose address is
1700 Convention Center Drive, Miami Beach, Florida 33139 and THE SCHOOL BOARD OF
DADE COUNTY, FLORIDA, a Political Subdivision of the State of Florida, party of the second
part, whose address is 1450 N.E. Second Avenue, Miami, Florida, 33132.
WITNESSETH:
THAT the said party of the first part, for and in consideration of the sum ofTen
Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said second party, its heirs and assigns
forever, all the right, title, interest, claim and demand which the said first party has in and to the
following described land lying and being in Dade County, Florida:
See Exhibit A
and the said party of the first part does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part, has hereunto set its hand
and seal the day and year first above written.
10
ATTEST:
CITY OF MIAMI BEACH, a Florida
Municipal Corporation
By-H~
City Clerk
Date: II h/~f
I t
11
\~a r eymour Gelber
STATE OF FLORIDA)
)ss
COUNTY OF DADE )
I HEREBY CERTIFY, that on this day of ,1995, before me,
an officer duly authorized to administer oaths and take acknowledgments, personally appeared
personally known to me, or proven, by producing the following identification:
to be the person(s) who executed the foregoing instrument
freely and voluntarily for the purposes therein expressed.
WITNESS my hand and official seal in the County and State aforesaid, the day and
year last aforesaid.
Notary Signature
Print Name:
11/6195
12
. ~
METROPOLITAN DADE COUNTY, FLORIDA
...
19ERM
El<VIIlONIII!HTAL II&8OUR<:a IIAI4AQUII!NT
POLUIT1ON PI\aIIamlN ~
SUITl! 100
3S 8.w. 2nlI ~V9IUe
O t b 5 111"'" -. F\.OR1llo\\IO,Sl).'$otIl
c 0 or . .:n _J7N811
8~uce o. Henderson
Environmental Coordinator
Clty of Miami Beach
140 ~ac Arthur Causeway
Mi~i B~~~h, Florida 33139
CERTIFIED NAIL NO. Z 146 645 144
M'l'UnN REC&IP'l' REQUESTED
RE: Methane Gas Survey and 'l'rench EJ(.;:avation Repo"rt-. dat.Bd: .r>,ugust 15,
1990; and Addendum dated septQlllber a, 1995, submitted by OHM
Remediation Services <..:orp., for' 'lOhe fOYl1\p.r ej.l).~:~J..andfill
locAted in Section 32, Township 515, and Range 42E; .Parce1s A
and B, North Miami, Dacia COUlIly, Plorida. ,.. : : - .
.~... . .
":,,': '-..'"
Dear Mr. Henderson:
The Hazardous Waste Section
aQco\n.'c~S MlUlagernent (DERM)
reports, received September
cone eeut iVAly and hereby
lllOdificationsl
;- : 1. ~
J'It " ~ ','
of th.. Depo.rtrnent of Environmental
has reviewed the above referenced
8, 1995, and SeptemhP.r 12, 1995
apprQves them with ~~,_:fol1owing
'.~ f .
1. The te$t. pits perfonned along the western t1tld the~. s6utheastern
property lines indicate t:le absen..... of buried WA9t.A.' However, if
solid W~Rte is encountered during the construction of the
proposed school, said soil s~&ll va identified (cant.aminated or
hllllardousl, removed and disposed ot in accordance with a1:
applicable local, state and tederal ~agulation8.
2. . No methane was detected durlng the \letS survey con"\\\t~l'.p.d within
tho aforeme"~ioned property 11nes. However, DERM recommends thac
during the excavation activities t::>r cha propoccd SloMa' that the
air ahall be monitored for potential methone gas releases.
3. A review fe~ ;R required for all plans submitted to this office.
DERM's files do not indicate payment of said fee. ~h9refnre. the
requirGd faQ of $270 must be submitted to this office.
lu eonclur;1ion, dw. to the present low levels of pOllutants detected
in the groundwater at the site an~ s1n\:!;l l~O methanQ gl!\$A!'l were
(].O:ltected., and no h~zardous waste was encountered during the above
investigations, DERM has no objection to the construc~ion and ~he use
0' the proposed $cnnnl provided that the following closure conditions
mentioned are adhered to:
a. All closure/waste relocation actlvi1;ies ::s114.11 be in aecordllnc:e
with opplioablQ ~'orida DepArtment Environmental Protection
(POBP) and DERM requirements.
EXHIBIT C
.~
Mr: Bruce Henderson
~ity of Miami Beach
ojus Landfill
l'o:q. :2
b. A p,,.n of action ltlUst be approved by DEftH prior to any waste
disturbance or relocation.
c. The proper closure of tne Solid WastQ Tr~nsfer Station located on
the $outhern end of the property shall be accomplished by
Department of Solid Waste M~a~gemcnt (DSWMI in accordance with
DBlUl "'",quirezr.ents.
d. h DERM representative must be present during any field activity
at the referenced site.
;:~ has the option to split any ~arnpleo deQro~rl ~ecessary with the
conoultant or laboratory at the subject site. The cons~ltant
. . ~ollecting tbe samples must nClV~ IL cu~rent F10rida Department of
.~ ..: .'<:;~nvirolU'llen\:e' Protection (FDEPI approved Comprehensive QuaHty
.. .. ~ .'Assu):'ance Plan (CompQAP). Tne lllwce>.tory 81lalyzing the saI1Y(;>les must.
. . . have a Flor1d^ aRS certification and Cl curr~nt FDEP approved CoropQAP.
If the data that is subsequem::ly :;ubmittcd O)<hibits a substanti.al
varionco from ~he DERM split sample analysis. a comple~e re-sampling
using two independent certifieCl laboL'al..(',~'i"3 wUl b... 'CElquired.
The DEa.,( Hau.rdous Waste project engiueer muot. be no~.ified a minimum
vt threo 131 workin~ days prior to the impl~~entation of the
J:eferencec1 plan. If written notiti"dtion is givIi>l'I. then verbal
..onfi~t.io~ wit~ the project engineer is preferred.
IC yO\! hav. any questions regarding this letter. p:!.ease contact
I):,8.id& Calil, Engineer, of the HaZl:lLd0\18 Wlleto Se,.,t.ion at (305)
372-6931.
Sincerely,
~.:r:~
Robert s.;Z P. Ii:.. C1lief
Hazardous'Waste Section
POLLUTION P~ENTION OTVISION
It:/sg
3246
cc: J. H~11, DDFM
K. Ashe):'. Parks & Recreation
... Lalla, DENiS
Exhibit C attached hereto and made a part hereof). Buyer and Seller acknowledge the
existence of an approximately 45 acre landfill in direct proximity to the property located
within the parcel of land to be sold in a separate transaction to Dade County (landfill).
Pursuant to the contract between Seller and the County, the Seller has represented that
said landfill was operated as a class III trash-only landfill. Seller hereby represents to
Buyer that the County is obligated, at its sole expense, and responsible to Seller for the
closure of the above-mentioned class III landfill and any and all environmental
assessments, cleanups, and monitoring of the class III landfill necessary to obtain full
compliance with any and all applicable Federal, State, and local laws, ordinances, rules,
regulations, or any other governmental restrictions, and agrees to pursue any substantial
disturbances of the landfill which are required for its closure in a reasonably timely
manner so as not to unreasonably interfere with the use of the Property as a high school
facility. Furthermore, based upon its own environmental investigations on the Property,
Seller hereby represents that it does not know of any conditions that would interfere with
the Seller's use of the Property for its intended use as a high school facility.
12. CLOSING. The closing of this transaction shall occur within ninety (90) business days
of the execution of this Contract unless otherwise extended, as mutually agreed upon by
both Buyer and Seller or as otherwise provided herein. The precise date, time and place of
closing shall be set by Buyer.
13. TIME. Buyer and Seller mutually agree to fully and timely execute such papers as
deemed necessary by Buyer's and Seller's attorneys to complete the conveyance in
accordance with the terms of this Contract. Time is of the essence in this Contract. The
timely performance of all obligations may be excused by an event offorce majeure. For
the purpose of this contract, ''force majeure" means an event arising from a cause beyond
the control of the parties, including their consultants and contractors, which delays or
prevents the timely performance of an obligation. Unanticipated or increased costs, or
unavailability of funds, are notforce majeure events.
14. EXPENSES. Buyer shall be responsible for recording fees on the Warranty Deed. Seller
shall be responsible for the payment of Florida Documentary Stamp Tax and any Surtax
due on the Warranty Deed.
15. LOSS. All risk ofloss to the Property shall be borne by Seller until transfer of title.
16. POSSESSION. Seller shall deliver possession of the Property and keys to all locks, if
any, to the Buyer at closing, as provided in Paragraph 8.
4
17. DEFAULT. If Buyer defaults under this Contract, Seller may, at its sole option, declare
the Contract terminated, in which event it shall immediately be entitled to Buyer's deposit
as liquidated damages. If Seller defaults under this Contract, Buyer may, at its sole
option, (i) waive the default and proceed with closing; or (ii) rescind this Contract, in
which event Buyer's attorney shall release to Buyer its deposit in the sum of Four hundred
forty-six thousand eight hundred eighteen and nollOO dollars ($446,818.00).
18. LITIGATION. In the event of any litigation arising out of this Contract, the prevailing
party shall be entitled to recover reasonable attorney's fees and costs from the other party
upon final court judgment, including appellate proceedings.
19. DISCLOSURE. Seller represents that there are no facts known to Seller which
materially affect the value of the Property or Seller's intended use of the Property, which
have not been disclosed by Seller to Buyer or which are not readily observable to Buyer.
Seller shall be responsible for payment of any and all amounts owed for labor, materials
supplied, services rendered and/or any other bills or amounts related to Seller and Seller's
ownershipl and or operation of the Property prior to Closing.
20. TRASH AND RECYCLING CENTER. Seller shall assure discontinuation of Dade
County's operation of the Ives Dairy Neighborhood Trash and Recycling Center (the Site)
located at 20801 N.E. 16th Avenue, Miami, Florida. This Site shall be left clear of any
and all solid waste as defined in Chapter 15-1(ss) of the Dade County Code and shall be
closed in accordance with the requirements of the Dade County Department of
Environmental Resources Management (DERM), and certification shall be provided to
Buyer that the Site is free of all environmental contamination. All the provisions of this
Paragraph shall be accomplished prior to closing.
21. CHILD'S WORLD. Seller acknowledges that there is ongoing litigation between Seller
and Miami Child's World concerning the Property, styled Miami Child's World. Inc. v.
City of Miami Beach and School Board, (Fla. 11th Cir. Ct. 1991). Seller agrees to
indemnify, save and hold Buyer harmless from any and all damages which may be
awarded against Seller as a result, of said litigation and to defend Buyer in any litigation
that may arise therefrom, paying all damages which may be awarded therein. In addition,
and with regard to Miami Child's World's claims against the City of Miami Beach only, if
the litigation results in any cloud on the title to the Property, or in transfer of the Property
itself to a third party, then in that event, Seller agrees to do whatever necessary, including
litigation, to remove such cloud or defeat such a transfer, and if Seller fails to remove said
cloud or defeat such a transfer, then this entire agreement is void ab initio and of no
further legal force or effect, and Seller shall reimburse Buyer for all monies expended by
Buyer in its performance of this Contract.
5
22. ASSIGNMENT/SUCCESSORS IN INTEREST. This Contract shall be binding on the
heirs, successors and assigns of the respective parties hereto. However, neither this.
Contract nor any interest therein shall be assigned by Buyer or Seller without the express
written consent of each other, which consent shall not be unreasonably withheld.
23. NOTICE. Any notice to the parties pursuant to the provisions hereof shall be in writing
and delivered by registered or certified mail postage prepaid, return receipt requested, or
by any nationally recognized overnight mail carrier (public or private), with proof of
delivery, as follows:
To Buyer:
THE SCHOOL BOARD OF DADE
COUNTY, FLORIDA
1450 N.E. Second Avenue, Suite 912
Miami, Florida 33132
Attn: Superintendent of Schools
With a copy to Buyer, under separate cover, as follows:
THE SCHOOL BOARD OF DADE
COUNTY, FLORIDA
Division of Site Planning and
Government Liaison
1450 N.E. Second Avenue, Suite 525
Miami, Florida 33132
as to Seller:
CITY OF MIAMI BEACH
Office of the City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
with copies to:
CITY OF MIAMI BEACH
CITY AITORNEY'S OFFICE
1700 Convention Center Drive
Miami Beach, Florida 33139
6
24. RIGHT TO ENTER PROPERTY. Buyer and its agents shaIl, upon reasonable notice,
have the right to enter the Property for all lawful purposes in connection with this
transaction provided that Buyer shaIl indemnify and hold SeIler harmless for damage or
injury caused by Buyer and its agents, to the extent provided by Section 768.28, Florida
Statutes.
25. RECORDING. This Contract or notice thereof may be recorded by Buyer in the
minutes of the Clerk's Office of each of the parties, but shall not be recorded in the
official public records of the Clerk of the Court of Dade County, Florida.
26. ENTIRE AGREEMENT. This Contract contains the entire agreement between the
parties hereto as it pertains to the subject matter contained herein and shaIl supersede and
take precedence over any and all prior and contemporaneous agreements and
understandings between the parties hereto.
27. RADON GAS. Radon is a naturally occurring radioactive gas that, when trapped in a
building in sufficient quantities, is believed by some health authorities to present health
risk to persons who are exposed to it over long periods of time. Additional information
regarding radon may be obtained from your County Public Health Unit.
IN WITNESS WHEREOF, the Buyer and SeIler have du1y executed this Contract as of
the day and year above written.
(OFFICIAL SEAL)
BUYER:
ATTEST:
By:
THE SCHOOL BOARD OF DADE
COUNTY, a Florida body politic
organized under the laws of the State
of Florida
By:
7
ATTEST:
By: IkJ~
(I City Clerk
Date: l;fifi:
(OFFICIAL SEAL)
SELLER:
FORM APPROVED
lEGAL D PT.
By
Date
8