HomeMy WebLinkAboutReso 98- 78RESOLUTION NO.98-
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING THE PURCHASE OF VACANT
PROPERTY DESCRIBED AS BLOCK 8, LOTS 1, 2, 3, 7, 8, 9,
10,11, SUNNY ISLES SHORES, SEC. B, PB 65-47, LOCATED
AT NORTH BAY ROAD AND 178TH DRIVE, UNDER THE
TERMS AND CONDITIONS PROVIDED IN THE CONTRACT
OF PURCHASE AND SALE ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE
SUCH CONTRACT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 16, 1998, the City of Sunny Isles Beach approved in concept the terms
to be included in a Contract for Sale and Purchase of vacant property described in the title above;
and
WHEREAS, the contract has now been negotiated and agreed upon based on the same terms
and conditions approved by Resolution No. 98-63;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES AS FOLLOWS:
Section 1. The proposed contract for Sale and Purchase by and between ISMAT Corp., and
Simcha Dubitsky and the City of Sunny Isles Beach for the purchase of vacant property described
in Block 8, Lots 1, 2, 3, 7, 8, 9, 10, 11, Sunny Isles Shores, Section B, Plat Book 65 at Page 47,
located at North Bay Road and 178"' Drive as more fully set forth as Exhibit "A" hereto is hereby
approved by the City Commission of the City of Sunny Isles Beach.
Section 2. The Mayor is hereby directed to execute said contract and the City Attorney is
hereby directed to prepare and approve any further documentation to effectuate the sale on behalf
Purchase of 178' Drive Property Res. -1-
of the City of Sunny Isles Beach.
Section 3. This Resolution shall be effective upon its adoption.
PASSED AND ADOPTED this 131 day of August, 19
David Samson,
ATTEST:
171-�"
aye c�
Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
4LM�Dannheisser, City Attorney
Moved by: *m
Seconded by:
Vote:
Mayor Samson
(Yes)
(No)
Vice Mayor Turetsky
(Yes)
(No)
Commissioner Iglesias
(Yes)
(No)
Commissioner Kauffinan
✓ (Yes)
(No)
Commissioner Morrow
(Yes)
(No)
Purchase of 178' Drive Property Res.
-2-
Ismat Com. and Sivrtm Dubitz
d (Phone)
are City of Sunny Isles Beach Pam.
Of 17070 Collins Avenue, #250, Sumv Isles Beach, EL (Ph—)(305) 947-0601
hor4 agree that Seller shall sell and Buyer shall buy the following dea«ibeci fTeal Property and Psraonal Property (mNacthroy TmOMC) upon the following tams and wnhditioro, which
Include Standards for Real Estate Trannsadaons r2andia"1 on to nwersa time hared or alladwd hereto and rides and addenda b this Corarats for SW and Purchase, .
L DESCRIPTION:
(a) Legal dwaptldn dun Rw Pmpay oceaad in Dade County, Florida:
Lots 1, 2. 3, 7. 8. 9, 10. 11. Block 8. Sumv Isles Shores. Section B. PB 65-47
(b) Sushi address. sly, alp, of the Pmparty e:
(c) PMsaW Property.
U. PURCHASE PRICE: ......................................................................................................................................................................................................... $ --..1, 435, 000. 00
PAYMENT.
(a) Depoan hem In escrow by Christcxlher Kelley, Egg, In me a,nwar of ,.,,,, S 50,000.00
(b) Additional sscrow deposit 10 be made within _ days alter Effective Date (as defined in Paragraph all) in an ar ourn at ................................ $
(c) Subject to AND amanpoion of w.drw mortgage in good stadirw In awn of
having an approximate present principal balance of
(d) Purchase money mortgage and two to Seller lase aoderxkan) in the amount of...................................................................
(0) Omer:
$
(1) Balance to close by U.S. cash. LOCALLY DRAWN oattlkd «carders anal or ftd-party wan, aub).d to adju bn«Ms or pr«amns ............... $ 1,385,000.00
m. TIME FOR ACCEPTANCE OF QFEER, EFFECTIVE DATE; FACSIMILE: It Via offer is not WAWArd by and delivered to Y pauw OR FACT OF EXECUTION mmaasuW n wring
be we oxh on n« � re �7 iU 98 be deposl(y will. at Buyers option, be returned and this aflsr wlhd awn. The des a C«arrl ('�QaM`) WIN
Buyer and Seller has signed this offer. A facsimile copy of this Contract and any signatures dwoon shall be aorridaed for elf purposes as originals.
IV. FINANCING: N/A
(a) a the Purchase Prim or any pan of it is tb be financed by a uwd-party ban. this Contract Is conditioned on Buyer obtaining a written commitment within _ days alter Elective
Date for (CHECK ONLY ONE): O a axed; 0 an adjustable; or O a Posed or adjustable rate ban in tee principal amount of S at an inilW trierw rate not to
exceed _ %. dillm" and originaabn fees not to exceed _ % of principal anent, and for a term of _ yes. Buyer will mass applicauo %*mn _ days alter Effective
Date and use reasonable diligence to obtain a wan c«matnaent and. thereafter. to satfsly tams and c«did«e of the commitment and does the ban. Buyer shall pay as ban
expenses. If Buyer fails to obtain a oonmdntent or falls to waive Buyers dghn under this subparagraph within am time for oba wwtp a commitment or, after diagonal.Mort, tails to mar
the terms and conditions of the commitment, then either party tlanaaer. by writen notice to the War, may cancel On Contract and Buys( shall be refunded tie deport(y, or
(b) The axisWg mortgage described in Paragraph 11(c), above. has (CHECK ONLY ONE): O a variable interest rats; or 0 a axed inert raw of % per amen. At ame of title
transfer. same axed it"" rates Are sub0d to Increase; il Incrssssd, this rate real not exceed _ % pis annm. Seiler rail, whinh _ days after Effective Date, lumish a
statement from each mortgages swarg this principal balance, method of payment, Interest rate and status of mortgage. a Buyer has agreed to assume a mortgage which requites
approval of Buyer by am mortgages for asurrpdon, am Buyer rail promptly obtain the necessary application and diligently conplrs and earn il to the mortgages. Any momgapes
charge(s) � Vie$ « rail W paid by Beyer. a Buyer is not aoeepled by mortgages or the regnanaas for auu pbo as not n accordance with
nangagea maws a charge in excwa of the stated amount, Seller or Buyer may rescind this Contract by written radios was other pay unless claw
elects to pay the increase in Interest raw or amass mortgage c angels
V. TITLE EVIDENCE: At kraal —4$ days before closing data, but no safer then _ days alter Seller receives written notification that Buyer has obaated to ban oamaarnad or
has been approved brae ban assumption as provided in Paragraphs IV(a) or (b), above. or, If appWaba, waived the arand g rsquiraronts. (CHECK ONLY ONE): O Sailer shelf, at Sellers
expense. deliver to Buyer or Buyers attorney; or O Buyer shall at Buyere wpm" drain (CHECK ONLY ONE): 0 abstract of NO; or 0 sae insurance commitment (with legible copies of
instruments tested as exceptions attached atsre o) and, after closing. an owners policy of ad* insurance.
VI. CLOSING DATE: This transaction shelf be dosed and ae deed ad other doewg papers delivered on 10/15 /98) union modified by ode provisions of this C«esa
Va. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer OW area We subjeG to: oamprehWW- lend use fens. axodrg, esaicbora. Plot"— and other regttlMetle imposed by
governmental aLdhw*r restrictions and made s appearing an tune plot «otherwise com non to an suicohr bra; public utlWy, seser time d record (easanass o s to be located maighaus to
Real Property Imes and not more a" 10 fast in width as w the rater or front Wan anhd 7 1/2 feat in width as to the sift Wes. unless otherwise staled Imok ); taxes for year of clomp ono
rubsequent Yeas: assumed mortgages and purclaes many mortgages, if any (A additional items, see addaoun); provided. Oat two or" a closing no vidaton of On onpowg
and none Prevent use of the Property for City Park Site
PunPesNy.
VI4 OCCUPANCY: Seller warrants that two an no parties in occupancy other than Seller; but N Property is wadded to be rented or coot d beyoM dosing, the tad ad Wme aced
a d the ha WMA11) or 0004mft shelf be deliveredl before closing, Buyer disclosed UMFse dl risks Pursuant 10 besSWdad F. Sella shall deliver occupancy of Progeny to Buyer r Was of dowg Was" otlwnwe stated hersrt. a occupancy
have accepted Property cl si on" oodilbn as al tins of so Property from data of occupancy, shelf be responsible and liable for mawaaeoe from that date, and shot be downed 10
Wdrg occupancy unless ottowse sated harm.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or hendwrayn provisions, rides And addsrda shall control AN printed provisions of this Contract in coMkt wait ante.
X. RIDERS: (CHECK those rase which am applicable AND am weaned to Vas Contract):
(A) 0 COASTAL CONSTRICTION CONTROL LINE (d) 0 VAIFHA (p) 0 HOMEOWNERS ASSOCIATION DISCLOSURE
(b) O CONDOMINIUM (e) O INSULATION (h) 0 RESIDENTIAL LEAD•BASED HAZARD DISCLOSURE
(c) 0 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT M 0 -AS IS' (1) O
XI. ASSKR4ABLffY (CHECK ONLY ONE): Buyar 0 may assign and thereby be released from any fume liability under In Contract; 0 may assign but not be released from liability
under eras Conked; or may not awgn its Confracs.
XL DISCLOSURES: -
(a) Radon is a naturally comer" radioactive gas that when accumulated Ina bddrg In sufaaant quAntldae may, pressing he" risks w paeom who am exposed to a overama
Leval of rsd«t tied exceed federal ad awe ghirwWw have bean found in buildings in Florida. Addiacrad nknratlo regarding Radon or Radon awry may be obtained from
your Cady Pudic Health uniL
(b) Buyer may hove dswrmbad aw WMW rlidaxy rung of the resmardial btildkg, u any is located on the Row Property
(c) a the Ric Property irKltades pis-197/ residardal hotskg ante Paragraph X (h) is meoabry.
XW. MAXIMUM REPAIR COSTS: BMW shall not be responsals for paymena in woes" of:
(a) $ or treatment and repair under Standard D (iblionK then 2% of the Purchase Pric).
(b) S lot repair tiro replacement under Standard N (l blank, then 3% of thin Purchase Price).
XIV. SPECIAL CLAUSES; ADDENDA: I additional germ" are to be provided, anah addernken and CHECK HERE 0. SEE A)DENDL •1 AM=
TITSINTENDED TO w6filf LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, sm THE ADVICE OF AN ATTORNEY PRIOR TO Swam.
FORM HAS BEEN AP ED BY THE FLORIDA ASSOCIATION OF RE LLTORS AND THE FLORIDA BAR.
Approval consort#@ eat any of Yes and conasbvs (n dW Cmtrad &'uW be accpw by uw pwam m s PwacAw bwwa cg= Tams and c ndtww al ou)d
M"Ind barred InM m,apeofhe interests, aNHa —' are nary dap Pdsbons of al rura ied pamarm
COPYR 1985 BY THE FLORIDA BAR AND THE FLOR QATION40FTORS ( Cl } IS e3 te ;Ds ) o eta)
SOBa'BA.*WTwI.D" (eS 0194 641f "
Social Security «Tax I.Q. e
9W- AdA ,fAWOa1111i
Gv 4
dBf "
Sow* or Tax I.D0."
D"peslf abler Paragnpl111(a) soaked; IF ar 4ER THAN CASH, THEN SUBJECT TO CLEARANCE. Chri stw_har Kelley. EGp (Escrow Agora)
BROKER'S FEE- Ibis brokers nsrned below, Imitating Wang and 000peratlrg brokee, are the only brokers entitled to compensation in ooneciton with the Conbad:
Name: .. Keyes CQ►�d7�1
Corgwraatq Broke.. now
FARISAR-4 Reweed 1295 RIDERS CAN BE OBTAINED FROM FLORIDA LAWYERS SUPPORT SERVICES. INC. (FL.SSI) (904) 656.75so
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE oFTrrLE. (1) An abo odALoo PreparedOr trwyA o.om by a mpusbls and exiWV abWM Arm (t rot o m*V ten owktW 4a contact by an saw" h^) PwDar"
b be an acouni synopsis 010141 kenmwt alNdirq tit b the Real Propwly recorded in tle public records of the county wlran on Real P oWy is locoed through EIMcina Dar. It
olW armnnce with tlr earYasl Public recomde, or such laid data u may be oWtawry in to xWmiy. Upon doWq of to Cawad, tta abstract enati OI I I to Property d Buyer. N*—
so the right d reMlaon dared by Am mortgages until bar Pad (2) &IN&JOS002ILQUIDditiffig issued by a Florida lceroad We truer WO&V b issue &W. Upon mwmbfV of tle
deal to Buyer. an owner's pout of We Insurance in the arno nl Of to Purchase prim, nanlYq Buyah No to the ROM Proverb. NOW only to Aar, erwnbrwms, ercapian of
qualifications provided in to Contract and hoes to be discharged by Seller at or balm coma. Seller shell corway marketable We Need ahy to how erwrbrwces. srcepwns Of
quyilkatlorn provided in On CWAmcL MwkoW a No WW be determined according to applicable TNte Slwhdsdis adopted by auWomy, of The Florida Bar all in accordance with taw. Buyer
elW hew 30 days. N abstract, or 5 days. N No commitment from dew of reuivaq evidence of We to examine A N We Is turd detective. Buyer OW wign 3 days lnreslW. no ly Saner
in wr*V speclying the dOngs). N dekd(s) rerhdw YIN unmarketable. Sale will have 30 days ham reoW of notko to remove to dmiwW Isssq which Buyer attach, within lira (5) days
after expiration at the thirty (30) day pored. dahm wrlaw notice to Saber Weer: (1) oxtermdirhg the Yore for a roommates period not to sroead 120 days wain Mecn SOW otn&wtrd nwt .�. •-3 y
eNwsee remove to defects: a (2) mquestaq a melhrm 'of depook(s) pod which shas be i rmedialely returned to Buyer. N Buyer Nis to so nobly Saber. Beyer OW be darted to
accepted the We as it deal it
. M Saber N uabN b tinhelp corned to delods,
Buyer "either wahe to defects, orrecehe a mural of deposals). thereby refeeewq Buyer and Seer from all turtw obgation hndw this Contract. ! %
event of dwej N ■ 15-day grace period V a second or fetter musrtWW:.had provide for right of prep.ymWe in w W or in part acceeration
in even of berslor of the Real PropNly; tomweligaffJigne erid erwtbracoes to be leapt In good sbotinp and forbid agOWMMMVrMIMWO odr&ncas wow prior morwp(s i;
shell require Buyer to mWtn policies of insurance catna a I j[ on do Rest Properly agrW be and all panbe i nnded wawl
to Wm'ederded covemp erld0lesmerW sod such abler det red peril as 1V&@quELan an amount equal to tee' n l nsrobfe v&Ino; and On moripp. role
and searey agreement shall be otorww in form and ' but Saber may Orly repave found in morgagn morq&ge notes and
"am" aweemw" kobbAar or dab or nYaW banks located in the county whales to Propery and Naves
coil. at Sellers Option. be sbad to go ben of a Yeasty agreement erWermoed by redad.d fmhancirtg eNlenenN. t a bebeon will [
C. SURVEY, BitBuyers separator, at Buyeseparator, within Wte allowed tod W deliver evidence e all to examine examine Bern. rhave Me Ras! Property surveyed allmbe cod by a registered
red F/ L
survoyor. N to survey diadoess enaoatlrnerVe on the Rea Pmpwy or that Ynprovsewib located thereon o crbsch an ssback Was. saesrnsaft Words Of othw Of vblota sy restrictions.
CaMrwa o ushome or apptidabN Wwo moveii rapMtim, the awns OW calaAas a We defect
determine If tare w all dwmW from terWait WeNaden in Ill Property. N SOMA Of boll tom data of wean
nice Ifhareol within which b have coal d be iere. l required. by a konstd budder a gworel contractor. Sober W W
pay void oats d treatment and repair d all XNNab N alhaN have Ye ptm d cw-" to
Contract wamimn eaimmata by gawp wrWern rotico b Sorter a Byre may elect b proceed wNh fie on tlo
EMIGRE= AND EGRESS: Saber w.= and rspmeo is tW 0. N nW. .4 ogress b the, Rest Property sAmdent for As Intended we as described at Paragraph Vl h ersd, WM b
which is in abcoNan. with SWded A.
F LEASES: Seller s hok not Was ten 16 daysbaits doeft furnish b &bsr copies of sty wnteti leases and uloppol ta1Ws from each Marl epedysq that nature and duration d to
idea's owupmux rorea rates, advanced rate and esaeNy deposits Pao by Wide. N Satter is unable to Obtain such Woor from each Went, the some Hometion sal be furnished by
Better to Buyw wain that lane period in this form of a Sebeh affAmA and Buyer may thareatr contact Where. b camirm such nlomomm Saw that. at aosm deliver And Aisaw &N
ortgYW Naas fo Bryoc
0. LIENS: Sober aid knnn b Buyer at thn d doWq an a14deW a6uWq Soto abaerwe, uses, oYerwbe provided br hsan. of any linawkq shelasent, claims d ben or poser"
ban= Imon to SMw and lurther o%sWq that two have boon no bnpovatn.as or mpaam b the Real Property for /0 drys, aanodatab precocift dole d closing t fir Reid Property
Me bean Improved or reported wain OW time, Setter aid deliver feNasas or wahsm of donsbudtion bens executed by all gwwW mrrsaas. wbconMdas. suppliers and modensien
in addition to seleh bath allidwa so" forth to manes of all such gerwal constructors, aUbcorw&aas, suppliers and meledWron, kaMer olWmiq tit as charW for impo-wmatmn or
novas which could arum n a bests W e owebudlon ben a a dwn for domagn hm bean paid a wiN bo paid al Bla cim d tls Cawad
N. PLACE OF CLOSING: Clowrq s W be bold n the co uay Moron the Rest Property N khctled alIll oWu a to st orney or otW dcotrq spate designated! by Seller.
LTIME: In oanpub% Who periods a fees ton Mx (6) days, Sasrdeys. Sunda" and UM a national Iso holidays shell be excluded. Any Who parricide provided for heron which sh s and
on a Saturday, Sundry. or a IWW hoNdey alai isa nd to 5:00 pmm. of to rod business dri. Tone N of No osserhes In this Conrad.
J. DOCUMENTS FOR CLOSING: Seder OW krrab No dood, bib d sit. otimm achon ben &N. ownKs possession alFdowl, assignments of eoees, Worse all norpago, estoppel
lepers rot corrective ngnrnerw. Buyer rid Jarman do.nq wlaswe, morfipp. morq&gs note, seedy, swesrrera and li ancing wenmerhta.
X. EXPENSES: Documentary stamps on the dead sot recording of corrective instruments ehoil be peal by Sister. Documentary man" and sA&ngible tax on In purchase money no""
and all mwtgap assumed. and moarYng of purchase many mortgage b SOW, dead and fnancirq statements shall be paid by the &ryer. Unless oMwMas provided M low or rids b
this C inow. charges W Ill folovwig Waled We services. honey Wte or &booed Jorge. Oft examination. and setfenwe and dosing be, sMN be pad by YN party responsible for
Washing the bit evidence in accordance with Poragrapb V.
L PRORATNONS; CREDITS: Tam. aaeurrwt. Use, seemed, insurance will other wupansss of to Property sal be prorated trwpi to dry before daWq. Buyer OW have to option
of WJWS over exis" policies d insurance, Y aswroble. in which sea prenhWms OW be prorated. Cash at doeip shell be increased or decreased as may be required by probions to
be made through day prior 10 toasq or occupancy N ooapswry owe before downq. Advance roe 04 sea#Myr depose will be credtd to Buyer. Escrow deposits mild by mapagoe wig
be credited to Sober. Taw anoll be prentad based on the cunea yeah tax with Cue allowance made for maximum allowatie discount. henoaead will othan exemption. N dowq occurs
at a date when the current yeaft mllap is not had all arrant yeah awwvea N was able. Was wall be prorated based upon such sa.essmnl and prior yeah miY&gs. N arrere yeers
essessnate N nol avant". then tee$ will be prorated on per Veen tax. N two we compged improvements on to Rest Pm*ty by January led d yew of dowq. which nprovionsi s
wen not in enwnu on Janny lot of prior yew, therm ores aW be panted based upon prior year's midope and at an equitable asoesanra to be agreed upon between to parts;
taAa Much, ragtN OW be made to the County Property ApprWer W an informal aesesmhere taWg tab account available exa ptae. A lax pnxalen based on an esahoo shoe, at
Y SPECIALof LAASSEESSf ENT LIENS: GresdIushod oni' edi, corAnneedof lax band m spcondificirl ecial asse a statement bwr�e as of data d is d� al �q. Mdrq Berms as a desirq (tad as a ENecYvs Dar) are b t paid W Seller.
date of desa edit be aasered by Bayer. N the irpwa moor has been substantially composed as of Etcdw Dew, sy panda hen Wad! be oxeitlatod cerWled. confirmed or aced and
Sober did. at clowq, be charged an amoae equal to to taxi eWmete or assessment for to nprovsrea by the public body
krrdstn, and daAoge de sal love any VISIBLE EVIOME of teat, wait d&rnape or stnuekrel demage and that the aspic Unk. pool. . nnedwrrcol
tmho, h@ WV, cooing, ,yatems rot machinery are n WOWING CONDITION. The foregoing wwrwey Mal be bated to ureus of erw is Provided
n an addendum. Buyer may, al &yore mode of Moss Nome by a Arm or Individual spod&trirq in, heMilauspecON all' g an occupational .ate b such
purpose (A required) or by an appropriately furred Florida shot, pit to Buyoh 0 days prior b dnwq. whs3ever occurs tint report in *nWV
to Setter such dens that de not meat Imo above .lamhd&mds as b detect,. Buyer aid be downed to hove waived Sobers wwrsees as to deecla
not repore d. N rapids or repeoelnates are required to amply with tea be mode and slWl pay up to Ill whoa provided in P&ngrph XIII(b). Sober
N not required to mew repows or rep ianerw of a caused by a detect Seer is ru or n*km. N ill coal for such mpas or rplacrrwe exceeds
the amount provided in Paragraph XIII(b), may OW to pay Koch exams, b V wlidl oarr Prrb may coma!so unabletoto! Ner able correct the defects prior
dorem Ill coal thereof escrow at clasp. Seller shot, upon mosonoble notice, Provide tAaNies service lad acom to the . . — a wals•tuaugh
Prior b OW as Name of PataaW Property we on the Real Property and. subjsd b the WsSsa, felt &N required repairs and repaurnereg wide "that
Past. .��
coal of naaloratiori wit be an obligation of the Seller and coals eaaowed at do". N fie cost of ruW bm
e ehrl Itave Ye optlo i of ewe tastq the Property as nk together cola either the 3% or any i strai chi proceeds
P. PROCEEDS of SALE: CLOSING PROCEDURE, The deed spas be maaaded upon dsemrce of hands. M an abstract of We has boon furnished. evidence of We shell be continued at
Buyers expe eo to dhow We in Buyer, without any erwnbrwhcos or dw&go whirl world merrier Sellars tlt urmwketabN ham the deft of the I" evidence . AN dmq proceeds "be
hold in escrow by Soleh aibntey or Othw mutually accept" escrow agog for a period of not mare than 5 days char doWq data. N Soth On is rwdwed urvnskwahN, Krogh no
f" a &you, BWw ". when the 54ry pwod. nobly Saber n wNa a ill I -- 'arid Solar that! have 30 days hen did 01 reoa ' d berth noWrawn b an is defect. N SeW tan
to tmab errs the daki al deposit's) red doWq lads Mel. upon widen dwnwd by Buyer and within 5 drys after demand, be mourned to Buyer and. elmUiweaey with such rpsymere.
Buyer &W return the Personal Propeft vacate to Rest Property and recomwoy the Properly to Setter by opecial namaay deed red bed d aid. N Byer fads to mite timely demand W
rolund. Buyer that tat We as is, wwwq ad rights &going Sodw as to any sdwveWq doled soap u may be available to Buyer by drys of wa a ll es contained in to deal of bill of
sit. N a portion of the purchase price N to be derived from naWWmW Arancaq or rekarwirq. n oW ensue, d the WOO institution se b place. Who of day red procedures for cburq,
and for dabresmaM of mortgage proceeds shol OOrwd over contrary provision In the Contract. Setter shad how Me right to require from the IY - irrWUAon a wRon commitment that
A will not w**xM chabrsenaa a mWppe proaoedt so a malt a any We dated attributable to Buyer-morlpW The escrow W doWq procedure required by five Standard OW be
waved N the Oft agree insures &&am ROOM pursuant to Section 627.7841. F.S.. es amended.
0. ESCROW: Any escrow agave (Agidn medwwq hands or equivalent is aidWlyW and &gran by acceptance of hem to deposit therm prorrpYy, hold some In escrow and. wublect b
clearance, dlabmss them in a000rdwmco with berms and mrdidaa of the Contract. I"" of lands b dew aid not exereo Buyers perlwmwhoe. N in debt W to Agent's Wait of kabwte
under the priam ons d fie Contract. Agave mry. at Agenh option, continue to hold to subject matt of the escrow unit I* porous hereto &W" to its dlsbu emard or uai a juudgsnna
of a court a competent jurbdicYan aW detarmio the riyt of the parties. or Agent may deposit some with the dark of to circuit court lava Jurisdiction a fie dispute. Upon he tW* as
parties concerted of such action. as kabiWy on to part a Agave anal IJy lwnwWe, except 10 On en&a at accounting for any' Previously dathared our d escrow. N a icerrod rid
area boar. Agave will campy, with provisions of Chapter e75, FS.. as srwnt0. Any sit boivroon Byer red Stier wares Agent is made a pry because of octiq as Agent tereaner,
or in any coil w is en Agave in wplesda the wAjed matter of the escrow. Agent wit recover reasonable aaaamreNs laws and cob Incurred with toes amounts to be pod from and our d
the escrowed curds or wtnalwN and charged will awwded as comb cow in favor of to prowlMip parry The Agee wit not be tble to any pry or portion W risdsliwory b Buyw of
Sober a Yea sbpot to On escrow. laves such misdWwry N due 10 wOU breach d the provisions d thte CaAsd or gross ragYpwos of Agent.
R. ATTORNEY'S FEES: COSMS: In any MWJon. kwka*q beach, wlaconsa or InWpWtlon, sisaq out of In Contract, the pr'auawq party In such Yligabon. which. W purposes d
this Standard, shot include Seller. Buyer red any briers acbq In apercy or ncnapoury m4fio gsps authorized by Chapter e75. F.S.. as amended. aid be eretisd to recover from the
non-pewiYq part reseaiethe wbmeY s feast cows and expenses.
L FAILURE OF PERFORMANCE: N Buyer " to perform tle Contract wNlen the time specified. Induing payment d oil depart. the depooa(s) paid by &yw and depowys) Greed to
be pan. may be wavered and retained by and W to s ioc re of saver as &W*W upon lgUidaled dashages, considw.Yom W fiat owaAon a the Conrad red n hA settlement of any
cisknsp wherKgw% Buyer and Satz wit be relieved d &I obligation under this Contract; or SONK. at Soth option, may Ptcoeed n ptiy lo «tares Seders rghls lender pals Contract.
0 for any reason other then WInw of Sefi r to make Sellerft We nWNw&bito aft ftent slim SeW lobe, neglects or rouses b Perim min ConnraM this &qw may @@rWperforman�pve'dnc
L CONTRACTT Nor ov of rocishm the return
ol sDINO:, &NOTICE: NWw to Crewed rid any notice a Y did be meswded n am public amtinSorda wSCab&daTrdba w�r3•i k, to
the', I of this From= will ter wuoco&adls In I I I Wherever the corneal permhI sirgdor shell narde per red one gore I OW include aL Noble given by or to fie atnay, lot
any pry cow be a eft* A n b yen by or to the prryu
LL CONVEYANCE• SOW aW oonmy Yt b so Raa Property by Notedly--.witK truuses, Personal reprow"im's or g uwdWn's dent% as apNhaprbre to the s oks of Steer. weed
only so ttetrt oaeWed N Paragaph VM red fines oYwweo aOsptsd by &W.. personal Prop" edit, aft repeal of to Stmyor, be transferred by an sbookas bat of ass wO wrorry
of No, vAIW only to such main as may be OMiwwiee pmaaed for li.men.
V On= AOIg31WIT& No prior or Protean W"eig Ys or wpsewYYlaa dW be binOYq Wall Buyer of SOW unas Imck" in Yt Cannot. No modilcalbn to or dsrge in thes
Consent OM be voted or tln 1 9 upon the Formal union In selling and aNaaasd by do prey or Formal . to be baud by L
W. WARRANTY. Sever wwrwt the two we no We tehowN to SOW wa*i* afbdtlrq the wue of the Property which anti not reaasy obswveble by Buyer or wldv have not bowl
ildned b Buyer.
air lane odevewe rrrM wave ell YrM wnrnr&e aeaoarem0& ox eenvow&
ADDENDUM TO CONTRACT
The parties to the contract, SIMCHA DUBITZKY and ISMAT CORP., a Florida corporation
(collectively referred to as "Sellers") and the CITY OF SUNNY ISLES BEACH (referred to as
"Buyer" hereby understand and agree that the terms of the printed Contract are amended hereby.
Where in conflict with the terms of the printed Contract, the terms and conditions of the
Addendum shall be applicable and shall prevail. The parties agree as follows:
(1) INSPECTION.
(a) Buyer shall have the right at its sole cost and expense, for thirty (30) days after
the effective date of this Contract, to inspect the property. Buyer shall have access to the
property for purposes of conducting any tests upon the property, including but not limited
to environmental assessments or audits, soil and groundwater samplings,, soil borings,
percolation tests, engineering and topographical studies, as buyer in its discretion deems
necessary or convenient. Buyer shall at its expense obtain an environmental audit report
of the property prepared by a duly licensed environmental engineer or geologist. In the
event the environmental audit reflects any hazardous materials (as defined below) on or
effecting the property or hazardous materials disposal activities have been conducted on
the property, and Sellers refuse to pay the expenses relating to any required correction or
remediation, then Buyer shall have the option to purchase the property in its existing
condition or to terminate this Contract in which event the deposit given hereunder shall be
refunded. Hazardous materials mean and include without limitations any flammable or
explosive materials, natural or synthetic gas, hazardous waste or toxic substances or
related materials as defined by Federal, State or local law.
(b) Sellers represent to the Buyer that they have not reviewed or obtained
environmental reports as to the subject real property; that they know of no environmental
deficiencies.
(2) CLOSING PROCEEDS. Sellers will notify Buyer as to their respective percentage
ownership prior to closing. Unless there is written notification of the percentage of
ownership agreed upon by both Sellers provided prior to closing, then closing proceeds
will be payable jointly to Sellers.
(3) COVENANTS REPRESENTATIONS AND WARRANTIES OF SELLERS. Each
Seller hereby covenants, represents and warrants the following to the Buyer:
(a) Each party executing this Contract has the full, unrestricted authority to make,
deliver, enter into the terms and condition of this Contract and shall enter into all
documentation as required by Buyer's title insurance company, as required by the title
insurance commitment that will be obtained by Buyer.
Page 2
Addendum to Sunny Isles/Ismat & Dubitzky Contract
(b) Neither Seller is insolvent and neither is the subject of any pending, threatened or
contemplated bankruptcy, insolvency or other debtor relief proceedings. There are no
actions, suits or proceedings pending or threatened against, by, or affecting the Sellers in
any court or before any government agency relating to the ownership of or Sellers' ability
to convey the property.
(4) ASSIGNMENT. This Contract may be assigned by Simcha Dubitzky. If an assignment of
this interest shall occur prior to closing, there must be full disclosure as to each party in
interest in compliance with the laws of the State of Florida and the City Code for the City
of Sunny Isles Beach.
(5) BROKER. It is understood and agreed that The Keyes Company is the sole and only real
estate broker involved in this transaction. Each party represents to the other that they
have dealt with no realtor other than The Keyes Company in this transaction. Sellers
warrant and represent that Buyer shall not be responsible for any brokerage commission
for this transaction and agree to indemnify and hold harmless the Buyer from and against
any costs, fees damages, claims and liabilities arising including without limitation
attorney's fees through all trial and appellate levels of litigation arising out of any claim
made by any broker or salesperson claiming by reason of its dealings with Sellers. The real
estate commission payable to The Keyes Company by Sellers will be five (5%) percent of
the purchase price with the understanding that the commission shall only be due and
payable upon closing of this transaction. If this transaction fails to close for any reason,
then no commission will be due.
(6) DISCLOSURE. The laws of the State of Florida and the City Charter for the City of
Sunny Isles Beach requires full sworn and notarized disclosure as to all parties in interest
as to each Seller in this transaction. This disclosure must be provided to Buyer within ten
(10).days of effective date of the Contract and shall include the following information:
(a) Identity of property and name of owner;
(b) Names and addresses of each person or entity holding an interest either as
owner or shareholder of owner; and
(c) For the corporate owner, the names and addresses of each officer and
director.
(7) EXISTING EASEMENTS. The plat of Sunny Isles Shores, Section `B", Plat Book 65,
Page 47, Dade County, Florida, appears to reflect that each of the individual lots being
conveyed contains a rear lot utility easement. Buyer's utilization of this property would be
restricted by the existence of these easements and it is understood that the existence of
these easements constitutes a title objection. The parties hereto have agreed that it will be
necessary to re -plat the subject real property in order to eliminate the existing rear lot
utility easement. Sellers shall retain and shall pay for the services of Schwebke-Shiskin &
., yy
Page 3
Addendum to Sunny Isles/Ismat & Dubitzky Contract
Associates, Inc. to assist them in the replatting of the subject real property at a cost of
$6,500.00 plus any out-of-pocket costs including filing fees, subject to the following
provisions of this paragraph.
If it is determined that this property cannot be replatted as a result of the existing use of
the easement by any public utility and Sellers do not agree to assume the costs of
relocating said easements to a location approved by Buyer, the Buyer agrees to pay the
initial $2,500.00 in costs to Schwebke-Shiskin & Associates, Inc. Buyer agrees to permit
the use of $2,500.00 of the escrow deposit to be reimbursed to the Sellers once purchasers
have obtained a title insurance commitment from Chicago Title Insurance Company
reflecting no title exceptions. If escrow funds are utilized, then Buyer shall receive a
credit at closing for the amount advanced.
Sellers agree to. hire Schwebke & Shiskin Associates, Inc. to pursue the replatting of the
property and shall have 120 days from the effective date of this Contract to obtain
tentative plat approval, a certification from Schwebke-Sliiskin & Associates, Inc. that
existing rear -lot utility easements are not being utilized by any public utility, and a current
survey of the subject real property. The Buyer agrees to close this transaction upon the
tentative plat approval by Miami -Dade County and receipt of said certification and survey.
Tentative plat approval is a condition to the closing of this transaction unless this
requirement is waived by Buyer.
(8) SURVEY. Sellers shall provide, within thirty (30) days at their expense a survey or the
subject real property certified to City of Sunny Isles Beach and Chicago Title Insurance
Company. (See (7) above)
(9) COUNTERPART EXECUTION. Execution by Sellers may be in counterparts with
Sellers executed copies to be retained by Christopher P. Kelley, Esq. prior to final
approval and execution by the City of Sunny Isles Beach.
(10) DELETED PROVISIONS. The printed provision of numbers IV of the Contract are
hereby deleted. The printed provisions of items B, D and N of the Standards For Real
Estate Transactions on the Contract are hereby deleted.
01) D_. Notwithstanding the printed portion of the Contract, it is understood and
agreed that in the event of Seller default, Purchaser shall have the right to seek specific
performance; however, Purchaser waives the right to seek damages from Sellers in
connection with any default.
.0
Page 4
Addendum to Sunny Isles/Ismat & Dubitzky Contract
(12) ESCROW AGENT. The escrow agent for this transaction will be Christopher P. Kelley,
P.A. and not Harold M. Rifas, P.A.
(13) CLOSING DATE. The parties agree that if closing does not occur prior to November 1,
1998, closing will be deferred until a date in 1999 prior to January 15.
(14) CONTINGENCY. This Contract is contingent upon the approval by the City Commission
of the City of Sunny Isles Beach no later than August 13, 1998.
READ AND APPROVED:
CI'
Date: C\ " k—*- C ,
ISMAT CORP., a Flo ' c rporation
By: -
President •
Date:
4MCHADUBiTZKY
Date:
. it, 7P
City of Sunny Isles Beach
17070 Collins Avenue. Suite 250
Sunny Isles Beach. Florida 33160
(305) 947-0606 phone (305) 949-3113 fax
David Samson
btayar ME i11 O R A N D U Al
Irving Turetsky
Vice Mavor
Commissioners TO: City Commission
Danny Iglesias
Lila Connie
Morro FROM: Lynn M. Dannheisser, City Attomey,,,,t! f 1
Connie Morrow (//yrl/^�
.lames DiPietro DATE: August 13, 1998
City Manager
Lynn NI. Dannheisser RE: PURCHASE OF VACANT PROPERTY AT NORTH BAY
Cin•Auomev ROAD AND 178T" DRIVE.
Attached is copy of the final amended contract for Sale and Purchase of the
above -referenced property as executed by the Sellers for your approval.
This is Exhibit "A" to Item 9A of the Agenda.
LMD:ch
Attachments
City of Sunny Isles Beach
17070 Collins Avenue. Suite 250
Sunny Isles Beach. Florida 33160
(305) 947-0606 phone (305)949-3113 fax
David Samson
mayor To:
City Commission
Irving Turetsky
Vice Mayor From:
Lynn M. Dannheisser,
Commissioners
City Attorney
Danny Iglesias
Lila Kauffman
Date:
August 13, 1998
Connie Morrow
James DiPlava- ro Subject: RESOLUTION ON CONTRACT FOR PURCHASE AND SALE OF
City Manager VACANT PROPERTY AT NORTH BAY ROAD AND 178TH DRIVE.
Lynn DI. Dannheisser
City Attorney
RECOMMENDATION
It is recommended that the City Commission adopt this Resolution approving the Contract
for Purchase and Sale of vacant property located a North Bay Road and 178'" Drive, as more
particularly described in the attachment to this Resolution.
In=04=14
At the last Commission meeting, this body approved, in concept, the terms to be included
in a contract for the Sale and Purchase of the Property located at North Bay Road and 178 °
Drive. After several weeks of negotiation, the terms have now been concluded, at the
purchase price of 51,435,000.00. The closing is contingent upon the securing of a clean
environmental audit and the receipt by the City of a final tentative plat (paid for by the
Seller) which reflects that the utility easements running through the property shall be
vacated. Alternatively, if the easements are currently being utilized, they must be relocated
at a reasonable expense. Seller shall pay for the cost of total replatting in excess of 56,000,
provided however, if the surveyor concludes that the easements cannot be vacated and/or
relocated for a reasonable price, then, the contract shall not become effective and the City's
sole obligation will be to repay the Sellers for the cost of the engineer's fee for the tentative
replat in the amount of S2500.
The Sellers have already executed this contract and placed it in escrow with their counsel.
Should the City Commission approve the contract, the Mayor shall execute the contract on
behalf of the City of Sunny Isles Beach and it shall be effective at that point..
Respectfully submitted,
LMD:ch
Attachment(s) /,