HomeMy WebLinkAboutPurchase Sale Agrmnt - 225 191 TerI � A� I �E� P
RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF
SUNNY ISLES BEACH AND ARTHUR MAKSUMOV AND KRISTINA KAKURIYEVA FOR
THE PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 225191 TERRACE, IN
THE AMOUNT OF ONE MILLION FOUR HUNDRED THOUSAND DOLLARS AND NO
CENTS ($1,400,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Arthur Maksumov and Kristina Kakuriyeva (the "Owners") are the owners of the
parcel located at 225 191 Terrace, Sunny Isles Beach, FL 33160 (the "Property"); and
WHEREAS, the City Manager of the City of Sunny Isles Beach ("the City") has been in
negotiations with the Owners for the purchase and sale of the Property; and
WHEREAS, the City Manager has determined that the Property is uniquely situated for
municipal purposes; and
WHEREAS, the City Commission wishes to approve a Purchase and Sale Agreement forthe
purchase of the Property, in an amount not to exceed One Million Four Hundred Thousand Dollars
and No Cents ($1,400,000.00), attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Purchase and Sale Agreement. The City Commission hereby approves a
Purchase and Sale Agreement for the purchase of the property located at 225191 Terrace, Sunny
Isles Beach, FL 33160, in an amount not to exceed One Million Four Hundred Thousand Dollars and
No Cents ($1,400,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Purchase
and Sale Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution, including authorization to expend incidental costs
associated with the closing of the Property purchase.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
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PASSED AND ADOPTED this 211t day of August, 2025.
ATTEST:
Mauricio Betancur, CMC, City Clerk
Moved by:
Vote:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Alain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Seconded by:
(Yes)
(Yes)
(Yes)
(Yes)
(Yes)
(No)
(No)
(No)
(No)
(No)
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Parcel folio -No. 31-2202-009-0190 (Miami -Dade County).
PURCHASE AND SALE AGREEMENT
THIS PURCIHASE AND SALE, AGREEMENT ("Agreement") is made this day
of June 2025, between ARTHUR MAKSUMOV and KRISTINA KAKURIYEVA, whose
mailing address is 225 191 Terrace, Sunny Isles Beach, Florida 33160 ("Sellers"), and
the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of
Florida, through its City Commission, with an address at 18070 Collins Avenue, Sunny
Isles Beach, Florida 33160 ("Purchaser" or "City").
For and in consideration of Ten and No/100ths Dollars ($10.00), the purchase price
and the mutual covenants and conditions contained herein, and for other good and
valuable considerations, the receipt and sufficiency of which are hereby acknowledged,
the Parties hereto agree as follows:
1. AGREEMENT TO SELL AND CONVEY.
(A) Sellers agree to sell and convey to Purchaser, and Purchaser agrees to buy
from Sellers, subject to the terms and conditions hereinafter set forth, all of Sellers' rights,
title, and interest in and to the real property located in Miami -Dade County, Florida,
described in Exhibit -"A;' together with all improvements, easements and appurtenances
("Property"), which may also be identified by Parcel Folio Number 31-2202-009-0190, as
assigned by the Miami -Dade Property Appraiser, in accordance with the provisions of this
Agreement.
(B) The City Commission's representative in all matters shall be the Sunny Isles
Beach City -Manager, Stan Morris (the "City").
(C) There shall be no deposit required with the execution of this Agreement by
the City Manager. Upon the approval of, this Agreement ,byr the City 'Commission in
accordance with paragraph 2(A), the City shall pay a deposit in the amount of Fifty
Thousand Dollars and No Cents ($50,000.00) within 10 days of such City Commission
approval, which shall be held in escrow in accordance with paragraph 14. All deposits
shall be fully refundable in accordance with the terms of this Agreement.
(D) Sellers warrant to the best of Sellers' knowledge that there are no private or
governmental actions, suits, proceedings, or investigations pending against Sellers or the
Property which could have an adverse effect on the Property.
2. CONTINGENCIES.
(A) The enforceability of this Agreement against the Purchaser is wholly
contingent upon the approval of this Agreement by the City Commission and execution
by the Mayor evidencing such approval after a properly noticed public hearing, as
mandated by Chapter 166.045, Florida Statutes.
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(B) Should the City Commission fail to approve this Agreement, this Agreement
shall be null and void.
(C) All states and timelines 'herein shall run from the date this Agreement is
executed by the Mayor of the Sunny Isles Beach City Commission and Sellers, whichever
is later (the "Effective Date").
(D) This Agreement is exempt from the provisions ,of Section 115:07, Florida
Statutes ("Public Records Act") until 30 days before this Agreement is considered for
approval by the City Commission or 30 days after the termination of negotiations between
the Parties hereto.
(E) As a condition precedent to Closing, Sellers shall take all necessary legal
steps to terminate any written or unwritten leases, easements, or claims of the same on
the Property, no later than July 31, 2025, so as to provide Purchaser with full, exclusive,
open, peaceful, and undisputed possession and ownership of the Property at Closing. If
the Sellers are unable to satisfy this condition prior to the date established for Closing, as
set forth in paragraph 7, Purchaser, at its sole option, may elect to terminate this
Agreement, receive a refund of the Deposit, and neither party shall have any further
obligations under this Agreement. Alternatively, the Purchaser and Sellers may agree to
an adjustment of the Closing date.
3. PURCHASE PRICE.
(A) The purchase price for the Property is One Million Four Hundred Thousand
Dollars and No Cents ($1,400,000.00) for the Property ("Purchase Price') which, after
credit for any deposit, will be paid by the Purchaser to the Sellers at closing.
(S) Sellers hereby authorize Purchaser to issue a City check or deliver cash for
the Purchase Price directly to the Escrow Agent who is authorized by law to receive such
payment, and who is acceptable to Purchaser, and to require the Escrow Agent to pay
Sellers' expenses of sale and prorated real estate taxes. Kerry A. Parsons, Nabors, Giblin
& Nickerson, P.A., 1500 Mahan Dr., Suite 200, Tallahassee, Florida 32308, shall serve
as the Escrow Agent pursuant to this Agreement.
4. FEASIBILITY AND SUITABILITY ANALYSIS. Within 30 -days ofthe Effective'Date
of this Agreement, Purchaser, at its sole cost and expense, may conduct a feasibility and
suitability analysis of the Property to determine, in Purchaser's sole discretion, whether
the Property is suitable for -City purposes. If the Purchaser -determines the Property is not
suitable for its use, the Purchaser may terminate this Agreement, have any deposit
returned, and neither party shall have any further obligations under this Agreement.
Purchasers feasibility and suitability analysis may include the following:
(A) Environmental Site Assessment - Sellers shall provide to Purchaser any
previous, current, or pending court actions or regulatory actions, environmental audit
information, if any, and other such information regarding any potential hazardous soil or
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water conditions on or around the Property that are in Sellers' control. Purchaser may
conduct an environmental site assessment of the Property to determine the existence
and extent, if any, of any Hazardous Materials on the Property. For purposes of this
Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material
or waste of any kind or any other substance which is regulated by any Environmental
Law. In the event that the environmental site assessment provided for herein confirms the
presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect
to terminate this Agreement and neither Party shall have any further obligations under
this Agreement. Alternatively, if Purchaser does not elect to terminate this Agreement,
the Sellers shall have seven (7) days from the issuance of the environmental site
assessment to determine if Sellers either elect to terminate this Agreement, with neither
Party having any further obligations under this Agreement, or, at Sellers' sole cost and
expense and prior to the Closing, promptly commence and diligently pursue any
assessment, clean up and monitoring of the Property necessary to bring the Property into
full compliance with any and all applicable federal, state or local laws, statutes,
ordinances, rules, regulations or other governmental restrictions regulating, relating to, or
imposing liability or standards of conduct concerning Hazardous Materials
("Environmental Law").
(B) Surrey - Purchaser may have the Property, surveyed to the Florida Nnimum
Technical Standards for Land Surveys. Purchaser shall order the Survey. If the survey
("Survey"), certified by professional surveyor and mapper licensed by the State of Florida,
shows any encroachment on the Property or that improvements intended to be -located-
on the Property encroach on the land of others the same shall be treated as a title defect
as provided in paragraph 6 below. If the Survey shows any material deviations in the
represented acreage, size, or configuration of the Property or location of easements,
Purchaser, at its sole option, may elect to terminate this Agreement and neither Party
shall have any further obligations under this Agreement. Alternatively, the Purchaser and
Sellers may agree to an adjustment of the'Initial Purchase Price.
(C) Other Investigations - Purchaser may undertake such other tests, analyses,
investigations, and inspections as deemed necessary by Purchaser to determine to
Purchaser's satisfaction the Property's engineering, architectural, and environmental
properties; zoning, zoning restrictions and land use; soil, grade, and other environmental
features; availability of access to public roads, water, and other utilities; consistency with
local, state, and regional growth management plans; availability of permits, approvals,
and licenses, including any wetlands permits that may be required; and all other
investigations or inspections that Purchaser deems necessary to determine the Property's
suitability for the Purchaser's intended use. If the Purchaser, in its sole discretion,
determines that the Property is unacceptable for the Purchaser's intended use, the
Purchaser may elect to terminate this Agreement and neither Party shall have any further
obligations under this Agreement.
(D) Purchaser shall promptly restore any portions of the Property affected 'by
Purchaser's inspections and investigations to the condition that existed immediately prior
to the inspections or investigations.
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5. TITLE INSURANCE. Purchaser may obtain a marketable title insurance
commitment through Nabors, Giblin & Nickerson, P.A., to be followed by an ALTA owner's
marketable title insurance policy from a title insurance company approved by Purchaser,
insuring marketable 'title to the Property in the amount of the purchase -price. If Sellers
default under this Agreement, Sellers shall reimburse Purchaser for all costs incurred in
obtaining the title insurance commitment. Purchaser's remedy for default under the
provisions of this paragraph is cumulative to all other remedies available to Purchaser at
law and in equity.
B. DEFECTS IN TITLE. If the title insurance commitment or Survey furnished
pursuant to this Agreement discloses any title matters that are not acceptable to
Purchaser, Sellers may, within 15 days after notice from Purchaser, remove said matters.
Any violation of federal, state, or local laws, including statutes, regulations, ordinances,
codes, rules, judgments, orders, decrees, permits, concessions, grants, franchises,
licenses, agreements, and other governmental restrictions shall be considered a title
defect. At Sellers' option, Sellers agree to use diligent effort to correct the defects in title
within the time provided therefor, including the bringing of necessary suits. Defects arising
from liens against the Property shall be satisfied at closing from Sellers' proceeds. If
Sellers are unsuccessful in removing the title defects within said time or if Sellers elect
not to pursue the curing of said title defects, Purchaser shall have the option to either: (a)
accept the title as it then is with no reduction in the Purchase Price, or (b) terminate this
Agreement, thereupon releasing Purchaser and Sellers from all further obligations under
this Agreement; provided, however, that Sellers shall reimburse Purchaser for all actual
costs associated with Purchaser's due diligence activities outlined in paragraph 4 and
Purchaser's deposit shall be fully refunded to Purchaser.
7. CLOSING.
(A) The consummation of the transaction contemplated by this Agreement (the
"Closing") shall take place either virtually or at a location mutually agreed upon by the
parties, on a date after City Commission approval that is mutually agreeable to the parties
(the "Closing Date"), but no later than 60 days following the date this Agreement is
approved by the Commission and executed by the Mayor, unless a delay is mutually
agreeable to the Parties, not to exceed thirty (30) days, which agreement shall not be
unreasonably withheld. The City Manager shall -be -authorized to agree to any adjustments
of the Closing Date on behalf of the City. Possession of the Property shall be granted by
Sellers to Purchaser no later than the Closing Date.
(B) It is the intent of the Parties that Purchaser will be conveyed, at Closing, the
following ownership rights:
1. Fee simple ownership of the Property.
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(C) At Closing the Sellers shall execute the following for the conveyance of the
Property:
1. Execute, acknowledge and deliver to Purchaser a General Warranty Deed
in accordance with Section 689.02, Florida Statutes, conveying the Property, which deed
shall be in statutory form for recording;
2. Execute and deliver to Purchaser a mechanic's lien and possession affidavit'
in sufficient form and substance so as to allow the Title Company to remove the
mechanical lien exception and parties -in -possession exception from the Title
Commitment;
3. Execute and deliver to the Title Company an affidavit that there have been
no changes to the conditions of title from that shown in the Title Commitment in order for
the Title Company to delete the "gap" exception;
4. Execute and deliver instruments 'satisfactory 'to Purchaser and the Title
Company reflecting the proper power, good standing and authorization for the sale of the
Property from Sellers to Purchaser hereunder,
5. Execute and deliver to Purchaser and the Title Company a FIRPTA affidavit
in form and substance acceptable to Purchaser and the Title Company;
6. Execute and deliver to Purchaser a closing statement setting forth the
Purchase Price, deposit, adjustments, prorations and closing costs as set forth herein;
7. Produce, execute, and deliver to Purchaser any documents necessary to
clear any title defects; and
(D) Contemporaneously with the performance by Sellers of their obligations set
forth above, at Closing, Purchaser shall do the following:
1. Execute and deliver instruments satisfactory to Sellers and the Title
Company reflecting the proper power, good standing, and authorization for the purchase
of the Property from Sellers by Purchaser hereunder; and
2. Pay to Sellers the Purchase Price, after credit for any deposits; and
3. Execute and deliver to Sellers a closing statement setting forth the
Purchase Price, deposit, adjustments, prorations and closing costs as set forth herein;
and
4. Execute and deliver such other documents as may be required by this
Agreement.
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8. PREPARATION OF CLOSING DOCUMENTS. Within sixty (60) days of the
Effective Date of this Agreement, the Escrow/Closing Agent shall prepare the deed
described in paragraph 7 of this Agreement. The Escrow/Closing Agent shall prepare
Purchaser's and Sellers' closing statements and the title, possession and lien affidavit
certified to be executed by the Sellers to Purchaser and title insurer in accordance with
Section 627.7842, Florida Statutes.
9. CLOSING COSTS.
(A) Sellers shall pay the following costs and expenses in connection with the
Closing:
1. Their attorney's fees;
2. All recording fees associated any affidavits or satisfactions necessary to
cure title;
3. All costs needed to cure title and provide title evidence;
4. Any costs of operating or maintaining the Property which have been
accrued prior to the -Closing;
5. All mailing costs associated with Closing; and
6. All documentary stamps and any intangible taxes in connection with the
conveyance of the Property.
(B) Purchaser shall -pay all other costs arising in connection with the Closing -
and this Agreement, including without limitation, the following:
Deed; 1. All recording fees associated with the recording of the General Warranty
2: Survey and Appraisal- costs;
3. Its costs of document preparation and its attorney's fees;
4. The costs of the title commitment and insurance; and
5. Its costs associated with any financing.
(C) The following items shall be prorated between Sellers and Purchaser as of
midnight of the day prior to Closing and shall be reflected on the Closing Statement
1. All real estate taxes and assessments which are or which may become a
lien against the Property shall be satisfied of record by Sellers at closing. If the Purchaser
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acquires fee title to the Property between January 1 and November 1, Sellers shall, in
accordance with Section 196.295, Florida Statutes, place in escrow with the Miami -Dade
Tax Collector's Office, an amount equal to the current taxes prorated to the date of
'transfer, based upon the current assessment and 'millage 'rates on -the Property. In the
event the Purchaser acquires fee title to the Property on or after November 1, Sellers
shall pay to the county tax collector an amount equal to the taxes that are determined to
be -legally due and payable by the Miami -Dade Tax Collector's Office.
2. Utility charges, if any, and any other operating or maintenance expenses
associated with the operation and upkeep of the Property.
10. RISK OF LOSS AND CONDITION OF REAL PROPERTY Sellers assume all risk
of loss or damage to the Property priortothe date of Closing and warrant that the Property
shall be transferred and conveyed to Purchaser in the same or essentially the same
condition as of the date of Sellers' execution of this Agreement, ordinary wear and tear
excepted, and Sellers shall prevent and refrain from any use of the Property for any
purpose or in any manner that would diminish its market or conservation value. Sellers
will maintain the landscaping and grounds in a comparable condition and will not engage
in or permit any activity that would materially alter the Property. The Sellers shall not
transfer or encumber any interest in the Property prior to Closing. If the condition of the
Property is altered by an act of God or other natural force beyond the control of Sellers,
however, Purchaser may elect, at its sole option, to terminate this Agreement and neither
Party shall have any further obligations under this Agreement. Subject to anything
disclosed by the Survey, Sellers represent and warrant that there are no parties other
than Sellers in occupancy or possession of any part of the Property. Sellers warrant that
there are no facts known to Sellers materially affecting the value of the Property that are
not readily observable by Purchaser or that have not been disclosed to Purchaser.
11. 'RIGHTTO ENTER PROPERTY AND POSSESSION. Sellers agree that'from the
date this Agreement is executed by Sellers, Purchaser and its agents, upon reasonable
notice, shall have the right to enter the Property for all lawful purposes in connection with
this Agreement. Sellers shall deliver possession of the Property to Purchaser at Closing.
12. DEFAULT.
(A) 'if Sellers default under this Agreement, Purchaser may waive the default
and proceed to Closing, seek specific performance, or refuse to close and elect to receive
the return of any deposit money paid, each without waiving any action for damages, or
any other remedy -permitted by law or in equity resulting from Sellers' default.
(B) In the event the Purchaser should fail to consummate the transaction
contemplated herein -for any'reason except for (i) any permissible' reasons setforth herein
or (ii) reasonable extension of the Closing Date not to exceed thirty (30) days, or (iii)
Sellers' default, Sellers may demand the Escrow Agent to pay any deposit, such sum
being agreed upon as liquidated damages for the failure of Purchaser to perform the
duties, liabilities and obligations imposed upon it by the terms and provisions of this
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Agreement and because the difficulty, inconvenience and uncertainty of ascertaining
actual damages, and no other damages, rights or remedies shall in any case be
collectible, enforceable or available to Sellers other than as provided in this paragraph.
(C) Sellers and Purchaser shall not be required to perform any obligation under
this Agreement or be liable to each other for damages so long as the performance or
nonperformance of the obligation is delayed, caused, or prevented by an Act of God or
Force Majeure. An "Act of God" or "Force Majeure" is defined as hurricanes, earthquakes,
floods, fire, unusual transportation delays, wars, insurrections, epidemics, and any other
cause not reasonably in the control of the claiming party and which by exercise of due
diligence the non-performing party is unable in whole or in part to prevent or overcome.
13. BROKERS. Sellers and Purchaser each warrant to each other that no persons,
firms, corporations, or other entities are entitled to a real estate commission or other fees
as a result of this Agreement or subsequent closing, except as accurately disclosed
below:
Sellers: 'None
Purchaser: None
Sellers stall and Purchaser, shall to the extent permitted by applicable law, indemnify
and hold harmless each other from any and all such claims under this paragraph, whether
disclosed or undisclosed. However, Sellers and Purchaser agree that this provision shall
not have the effect of waiving sovereign immunity or the provisions of Section 768.28,
Florida Statutes.
14. ESCROW AGENT AND ESCROW PROCEDURE. Escrow Agent, as specified in
paragraph 1(C), by acceptance of the funds deposited by Purchaser hereunder, agrees
to hold such funds and to disperse the same only in accordance with the terms and
conditions of this Agreement. In the event of a termination of this Agreement or a default
under this Agreement, the deposit (inclusive of the interest accrued thereon) shall be
delivered or disbursed by Escrow Agent as provided in this Agreement. If either Party
shall declare the other party in default under this Agreement and such Party makes
demand (the "Demand") upon Escrow Agent for possession of the deposit, said Party
must provide the other Party with a copy of such Demand made upon Escrow Agent.
Except with respect to Demands for the deposit made by Purchaser prior to or on the
expiration of the investigation period provided in paragraph 4 (in which event Escrow
Agent shall promptly deliver the deposit to Purchaser upon demand), Escrow Agent shall
not disburse the deposit in accordance with the Demand until the demanding party
delivers to Escrow Agent evidence (e.g., returned receipt from U.S. Postal Service) of the
other party's receipt of the Demand and Escrow Agent has not received written objection
to such demand within the five (5) business days following said Party's receipt of the copy
of such Demand. If any dispute or difference arises between Purchaser and Sellers or if
any conflicting demands shall be timely made upon Escrow Agent or if the Escrow Agent
is in doubt as to its duties or liabilities under the provisions of this Agreement, it may, in
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its sole discretion, continue to hold such funds until the Parties mutually agree to
disbursement thereof, or until a judgment of a court of competent jurisdiction shall
determine the rights of the Parties hereto, or Escrow Agent may deposit such funds with
the Clerk of the Circuit Court of Miami -Dade County, Florida, pursuant to interpleader
procedure, whereupon after notifying all Parties concerned with such action and paying
all costs imposed by the Clerk as a result of such deposit, all liability on the part of Escrow
Agent shall terminate except to the extent of accounting for any monies theretofore
delivered out of escrow.
15. TIME. Time is of essence with respect to all dates or times set forth in this
Agreement. Unless otherwise specified, the expiration of any period of time prescribed in
this Agreement shall occur at 5:00 p.m. of the last day of the period. Should any period
of time specified herein end on a Saturday, Sunday, or legal holiday recognized in Sunny
Isles Beach, Florida, the period of time shall automatically be extended to 5:00 p.m. of
the next full business day. All time periods referencing number of days shall be calendar
days, unless otherwise specified.
16. SEVERABILITY. If any of the provisions of this Agreement are deemed to be
unenforceable and the unenforceability of said provisions does not adversely affect the
purpose and intent of this Agreement, in Purchaser's sole discretion, the enforceability of
the remaining provisions of this Agreement shall not be affected.
17. SUCCESSORS IN INTEREST. This Agreement shall bind and inure to the benefit
of Sellers and Purchaser and their respective heirs, legal representatives, successors,
and assigns.
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the Parties pertaining to the subject matter contained in it and supersedes all prior and
contemporaneous agreements, representations, and understandings of the Parties. No
supplement, modification, or amendment to this Agreement shall be binding unless
executed in writing by the Parties. Notwithstanding the foregoing, the Parties
acknowledge that the legal description contained in Exhibit "A" was prepared based upon
historic chain of title information, without the benefit of a current survey of the Property.
The Parties agree that if, in the opinion of Purchaser, it becomes necessary to amend the
legal description of the Property to correct errors, to more properly describe the Property,
,to cut out portions of the Property affected by title defects that cannot be timely removed
by the Sellers, or to otherwise revise the legal description of the Property, the legal
description to be used in the Survey (if any) and in the closing instruments required by
this Agreement shall be revised by or at the direction of Purchaser, and shall be subject
to the final approval of Purchaser. Anything to the contrary hereinabove notwithstanding,
such a revision of the legal description of the Property shall not require a written
amendment to this Agreement. In such event, the Sellers' execution and delivery of the
closing instruments containing the revised legal description and the Purchaser's
acceptance of said instruments and of the final Survey (if any) containing the revised legal
description shall constitute a full and complete ratification and acceptance of the revised
legal description of the Property by the Parties.
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19. WAIVER. Failure of either Party to insist upon strict performance of any covenant
or condition of this Agreement, or to exercise any right herein contained, shall not be
construed as a waiver or relinquishment for the future of any such covenant, condition or
right; but the same shall remain in full force and effect.
20. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment, or
alteration thereto, shall not be effective or binding upon any of the Parties hereto until it
has been executed by all of the parties after approval by the Sunny Isles Beach City
Commission.
21. ADDENDUM. Any addendum attached hereto that is signed by the Parties shall
be deemed a part of this Agreement.
22. NOTICE. Whenever either Party desires or is required to give notice unto the
other, it must be given by written notice, and either delivered personally, mailed postage
prepaid, or sent by overnight courier to the appropriate address indicated on the first page
of this Agreement, or such other address or electronic mail address as may be designated
in writing by a Party to this Agreement.
23. SURVIVAL. The covenants, warranties, representations, indemnities, and
undertakings of Sellers set forth in this Agreement shall survive the Closing, the delivery
and recording of the deed described in paragraph 7 of this Agreement and Purchaser's
possession of the Property.
24. APPLICABLE LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The parties hereto consent to jurisdiction
and venue in Miami -Dade County, Florida, and agree that such jurisdiction and venue
shall be sole and exclusive for any and all actions or disputes related to this Agreement
or any related instruments.
25. COUNTERPARTS. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
26. INTERPRETATION. Whenever the context hereof shall so require, the singular
shall include the plural, the male gender shall include the female gender and neuter and
vice versa.. This Agreement and any related instruments shall not be construed more
strictly against one Party than against the other by virtue of the fact that initial drafts were
made and prepared by counsel for one of the Parties, it being recognized that this
Agreement and any related instruments are the product of extensive negotiations
between the Parties hereto and that both Parties hereto have contributed substantially
and materially to the final preparation of this Agreement and all related instruments.
27. AUTHORITY OF PARTIES. Sellers and Purchaser represent to each other that
each has full power and authority to enter into and perform this Agreement, all related
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instruments and the documentation contemplated herebyand
their respective terms and that delivery thereby in accordance with
instruments and the documentation contemplated Of this
Agreement, all related
authorized by all necessary action.
thereby has been duly
28. ATTORNEY'S FEES AND COSTS.
Parties arising out of this Agreement or the collection of an funds
In the event of any litigation between the
Sellers pursuant to this Agreement, the prevailing
the nonprevailin Y due Purchaser or
m
9 party all costs incurred including limitationntitled to rreasonable
attorneys' and paralegals' fees and costs, whether such fees and costs are
trial, on appeal, or in any bankruptcy proceedings. a incurred at
29.RADON GAS. Radon is a naturally occurring radioactive as that,
accumulated in a building in sufficient quantities, may g at, when it
are exposed to it over time. Levels of radon that exceed federal and state guidelines have
y present health risks to persons who
been found in buildings in Florida. Additional information regarding radon and r
testimony may be obtained from your county health department. radon
30. PERMITS DISCLOSURE. Except as may have been disclosed by Sellers to
Purchaser in a written disclosure, Sellers do not know of any improvements made to the
Property which were made without required permits or made pursuant to permits which
have not been properly closed or otherwise disposed of pursuant to Section 553.79, F.S.
If Sellers identify permits which have not been closed or improvements that were not
permitted, then Sellers shall promptly deliver to Purchaser all plans, written
documentation or other information in Sellers' possession, knowledge or control relating
to improvements to the Property which are the subject of such open permits or
unpermitted improvements.
31. MOLD. Mold is naturally occurring and may cause health risks or dam to
Property. If Purchaser is concerned or desires additional information regarding a Purchaser should contact an appropriate professional. mold,
32. ENERGY BROCHURE. Purchaser acknowledges receipt of Florida Energy -
Efficiency Rating Information Brochure requires by Section 553.996, F.S.
33. LEAD-BASED PAINT If Property includes pre -1978 residential housing, a lead-
based paint disclosure is mandatory, Sellers shall be provided with a separate disclosure
form to fill out and return to Purchaser.
34. FOREIGN INVESTMENT IN REAL PROPERTY ACT ("FIRPTA")Sellers shall
inform Purchaser in writing if Sellers are "foreign persons" as defined by the Foreign
Investment in Real Property Tax Act ("FIRPTA" ). Purchaser and Sellers shall comply with
FIRPTA which may require Sellers to provide additional cash at Closing. If Sellers are not
"foreign persona", Sellers can provide Purchaser at or prior to Closing, a certification of
non -foreign status, under penalties of perjury, to inform Purchaser and Closing Agent that
no withholding is required.
�,11
Purchaser Sellers"; --
357
THIS AGREEMENT IS INITIALLY TRANSMITTED TO THE SELLERS AS AN OFFER.
IF THIS AGREEMENT IS NOT EXECUTED BY THE SELLERS ON OR BEFORE JUNE
4, 2025, THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE
OPTION, ELECTS TO EXTEND THIS OFFER.
THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT ON SELLERS UPON
SELLERS` EXECUTION OF THE AGREEMENT. IF NOT FULLY UNDERSTOOD, SEEK
THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
[THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK.
12
Purchaser Sellers
358
Witness as to Sellers
Printed Name /
Printed Name
STATE OF 9$: lVzw Yo,,lsz
COUNTY OF Ib1Vi DE QJeR41p
SELLERS:
ARTHUR MAKSUMOV
fes- 6- 2S_
Date signed by Seller
kap .� L-�w'�u,► u.u...-__
KRISTINA KAKU EVA
(�une- 5,, 2-02.5
Date signed by Seller
The foregoing instrument was acknowledged before me by means of a physical presence
or ❑ online notarization, this day of , 2025, by Arthur Maksumov and
Kristina Kakuriyeva, whose address 225191 Terrace, Sunny Isles Beach, Florida 33160.
(SEAL-)
JOHN LIN
NO'TARv PUBLIC, STATE OF. NEW YORK
Ref
istration No. 01L100,21716
Qualified in QUEENS County
Cornmission Expires 03/0412021
Notary Public, State of f odda- N*(
(Signature of Notary Public)
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Personally Known or Produced Identification i/
Type of Identification Produced: _pons c;.4
13
Purchaser Sellers
359
PURCHASER:
CITY OF SUNNY ISLES BEACH
By:
Witness as to Purchaser Stan Morris, City Manager
Printed Name
Witness as to Purchaser
Printed Name
APPROVED AT PUBLIC HEARING:
ATTEST:
Mauricio Betancur, CMC
City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Alain E. Boileau, for Nabors,
Giblin & Nickerson, P.A.,
City Attorney
CITY OF SUNNY ISLES BEACH, BY ITS
CITY COMMISSION
By:
Larisa Svechin, Mayor
Date Executed:
14
Purchaser Sellers
vljl 360
EXHIBIT A — LEGAL DESCRIPTION
GOLDEN SHORES OCEAN BLVD ESTS, SEC C PB 51-93, LOT 16 BLK 5, LOT SIZE
75,000 X 100, F/A/U 30-2202-009-0190, OR 20598-1997 06 2002 4, COC 26072-3162
11075.
15
Purchaser Sellers1,,�
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QFrp OF 5%)A �
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Stan Morris, City Manager.
DATE: August 21, 2025
RE: Purchase and Sale Agreement for Property Located at 225191 Terrace
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
In the current budget year, the City Commission approved funds for land purchases with the goal to
expand parks and open spaces. The home and property to the west of the existing Golden Shores Park
is currently available for sale. Securing this parcel, immediately adjacent to an existing city park would
further the goals of the City Commission, allowing to preserve green space and potentially expand the
park to the west. This location would also provide for better connectivity between the Golden Shores
Park, the basketball court /tennis court/ under park under the William Lehman Causeway, and Heritage
Park. This connectivity will enhance the usability of this space.
The owner has agreed to a purchase price of $1.4 million for this 7,500 square foot lot as per the
attached Purchase and Sale Agreement.
ADDITIONAL INFORMATION:
Any future redevelopment of the park will be determined by the City Commission.
FUNDING SOURCE:
Funds have been appropriated in the Capital Account Number 300-5-5390-461000-99015.
ATTACHMENTS:
Resolution
Purchase and Sale Agreement
Existing and Proposed Lot Sketches
Item Number: 9.J
344