Reso 2009-1483 - Laserfiche WebLink

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15. Leasehold Interest. The City agrees to accept the property as is with the current leases. Upon execution of this Agreement by Seller, Seller shall provide copies of current leases and the rent roll to the City. Seller shall not enter into any new leases or modify any existing leases without the consent of the Purchaser. The Purchaser and the Seller acknowledge that there are two (2) current leases on the property. The leases are with Ocean Food Market, and Ocean Cuban Cafe. The City shall accept the property with the aforementioned leases. 16. Naminl! Rights. Purchaser agrees to name a City park, constructed on the property in honor of the Steiger Family. The Park shall be named the "Steiger Family Park". This Paragraph 16 shall survive Closing. 17. Miscellaneous. (a) This Agreement shall be construed and governed in accordance with laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall be in Miami-Dade County. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof and, accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto. (b) In the event any provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or reconstrued as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. (c) In the event of any litigation between the parties under this Agreement, the prevailing party shall be entitled to all reasonable attorneys fees and costs through all trial and appellate levels. The provisions of this subparagraph shall survive the Closing and any termination or cancellation of this Agreement. (d) In construing this Agreement, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular and the use of any gender shall include every other gender and all captions and paragraph headings shall be discarded. ( e) All of the Exhibits to this Agreement are incorporated in and made a part of this Agreement. (f) TIus Agreement constitutes the entire agreement between the parties for the sale and purchase of the Property, and supersedes any other agreement or understanding of the parties with respect to the matters herein contained. This Agreement may not be changed, altered or modified except in writing signed by the party against whom enforcement of such a change would be sought. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. (g) The term "Effective Datell or such other similar term is the date on which the last of the parties initials or signs the latest offer. Time is of the essence for all provisions of this Agreement. All time periods will be computed in business days (a "business day" is every Agreement of Purchase and Safe 16050 Collins Ave. Page 10 of 13 . I ~,; : l