HomeMy WebLinkAboutReso 98- 56
RESOLUTION NO. 98-~
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING ADDENDUM NO.3 TO CONTRACT
FOR THE SALE AND PURCHASE OF 17425 COLLINS
A VENUE KNOWN AS BEACH COVE RESORT ON THE
TERMS AND CONDITIONS SET FORTH IN EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE THE
ADDENDUM AND ANY AND ALL DOCUMENTS
NECESSARY TO EFFECTUA TE THE TRANSFER;
AUTHORIZING THE CITY MANAGER AND THE CITY
A TTORNEY TO TAKE WHATEVER ACTIONS NECESSARY
TO EFFECTUATE THE TRANSFER.
WHEREAS, the City of Sunny Isles Beach which became incorporated on June 16, 1997
has no park land included within its corporate boundaries; and
WHEREAS, the Mayor and the Commission have expressed the desire to create a park for
the citizens of the City of Sunny Isles Beach and desires to better facilitate oceanfront access; and
WHEREAS, the City Commission has approved the Contract for Purchase and Sale together
with the first and second Addenda thereto by Resolution No. 98-39; and
WHEREAS, the City Manager, the City Attorney and the Mayor have entered into further
negotiations on this property and have finally concluded the contract proposed to the City
Commission represents the most favorable negotiation both in terms oflocation and price for the City
of Sunny Isles Beach;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The purchase or property located at 17425 Collins A venue also known as the Beach
Cove Resort on the amended terms set forth in Addendum No.3 attached hereto as Exhibit "A" is
hereby approved by the City of Sunny Isles Beach.
Section 2.
The Mayor is hereby directed and authorized to execute this additional Addendum to
the Contract and close this transaction on behalf of the City.
Section 3.
The City Attorney and City Manager are hereby directed to take whatever action is
Res. on addendum no. 3 to Beach Cove contract
-1-
necessary to effectuate the transfer of this property.
Section 4.
This Resolution shall become effective upon its adoption.
PASSED AND ADOPTED this -4 day of June, 1998.
ATTEST,:
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'1W4~- tuw:Ue;
..r, chanJ Brown-Morilla, City Clerk
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".kp~OVED AS'1'6 FORM
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A'ND~LEGAL:SUFFICIENCY:
Moved by: ~\~ ~~
Second by: ~ow-- M.6JIJ\,rv..)
VOTE:
Mayor Samson
Vice Mayor Turetsky
Commissioner Kauffinan
Commissioner Iglesias
Commissioner Morrow
(yes) V
(yes) ~
(yGJ)_
(yes)L
(yes)~
(no)
(no)_
(no)_ - o---b~
(no)_
(no)_
Res. on addendum no. 3 to Beach Cove contract
-2-
NOTE TO RECORD:
Please note tha t parts of
this exhibit (if not all)
has/have been inadvertently
lost.
At this time, we are unable
to recreate same.
Resolution No.
97-56
ADDENDUM TO CONTRACT
Addendum No. 3
For Sale and Purchase between John H. Gerken, Trustee, singularly
known as "fee simple owner" & Jai Amika, Inc., singularly known as
"Lessee" and collectively referred to as the "Seller", and by the
City of Sunny Isles Beach (the "Buyer").
1. Incorporation by Reference. This Addendum No. 3 is
attached and made a part of the contract. All terms of
this addendum shall control over any conflicting terms of
the contract.
2. The closing date shall be July 13, 1998.
3. Seller hereby grants Buyer authority to remove the
underground fuel storage tank in the north parking lot.
The Buyer shall be responsible for all costs and expenses
relating to the removal of the tank. The Buyer shall
restore the real property to its original condition and
shall be responsible for all costs and expenses with
respect to restoration. In the event that there is
contamination and the hole where the tank is removed is
not permitted to be filled in pursuant to the applicable
environmental laws, then, and in that event, the Buyer
shall construct a fence around the hole. If there is no
contamination, the hole shall be filled in, however the
property shall not be required to be restored to its
original condition if a closing occurs. If a closing
does not occur, then, and in that event, the property
shall be restored to its original condition at the
expense of the Buyer unless contamination exists and such
restoration is not permitted pursuant to the applicable
environmental laws. Prior to commencing the removal of
the tank, the Seller shall be provided with all plans
relating to the removal of the tank in order to ascertain
that no substantial damage will be caused to the
structure of the real property. The Buyer and/or
contractor shall comply with all environmental laws and
regulations relating to the removal of the tank.
4 . This Addendum may be executed in counterparts by the
parties hereto and each shall be considered an original
insofar as the parties hereto are concerned, but together
said counterparts shall comprise only one Addendum.
Buyer:
By:
By:
Seller:
Dated<~~~ · ,(- 3 -,
Jai Amika, .
K/i ~~~ '
6
1998
Date:
, 1998
City
Date:
, 1998
1998\jai-a.bi.ka\addendu..3
By:
JOHN H. GERKEN, TRUSTEE
TUILLE TRUST UIA did 10/15/53