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HomeMy WebLinkAboutReso 99-113RESOLUTION NO.99- \k3 A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SALE AND PURCHASE OF 393-401 SUNNY ISLES BEACH BOULEVARD, FOR USE AS A GOVERNMENT CENTER, IN ACCORDANCE WITH THE CONTRACT FOR SALE AND PURCHASE BY AND BETWEEN R.K. ASSOCIATES AND THE CITY OF SUNNY ISLES BEACH, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR EXECUTION BY THE MAYOR; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach wishes to construct its own government center and police department facility on a property located between 393-401 Sunny Isles Beach Boulevard; and WHEREAS, the landlord of the present premises owns a portion of that property together with F.D.O.T., which consolidation of properties will constitute the property for construction of a government center; and WHEREAS, the parties have agreed upon the terms and conditions as set forth in the contract attached hereto as Exhibit "A"; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Approval of Contract. The contract by and between R.K. Associates and the City of Sunny Isles Beach attached hereto as Exhibit "A", be and the same is hereby approved. 2. Execution by Mayor. The Mayor is hereby authorized to execute the attached contract for sale and purchase 3. Effective Date. This Resolution shall become effective upon approval. PASSED AND ADOPTED this 21st day of January, ATTEST: Richard Brown-Morilla, City Clerk Purchase of 393-401 SIB Blvd. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: L M. Dannheisser, City Attorney Vote: L4 -0 -- t Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffinan Commissioner Morrow Purchase of 393401 SIB Blvd. Moved by: :, v�.•� �.-�._ Seconded by: csz y(Yes) (No) _(Yes) (Yes) (No) (No) Yes) (No) (Yes) (No) l+ahihit "A" PARTIES: R.K. Associates VIII Inc Cam. of M 171 Collins Mrenue, Suite 225, Sunny Isles Beach, FL (phone) find C o S`pnny Isles Beach (-jmn, of Co lens Avenue, Sunny Isles Beach, FL (Phone) hereby agree that Seller shall sell and Buyer shag buy the following described Real Property and Personal Property (cdlectively'EWMIW) upon the following terms and conditions. which Include Standards for Real Estate Trshsactions (1Suw9uU*) on the reverse side hereof or attached hereto and riders and addenda to this Contract for Sale and Purchase (�ptlOt3 l• I. DESCRIPTION: (a) Legal description of the Real Property located In Dade County, Florida: SEE EXHIBIT "A" ATTACHED '(b) Street address, city, zip, ofit* Property 1,. 393-401 Sunny Isles Beach Blvd (c) Personal Property: N/A If. PURCHASE PRICE: ......................................................................................................................................................................................................... $ 1,100,000.0 O PAYMENT. (a) Deposit held in escrow by $ 5 0, 0 0 0 Barry S h e v l i n E S q. in the amount of ...... $ S n_ n n n_ n 0 (b) Additional escrow deposit to be made within _ days after Effective Date (as defined in Paragraph III) in the amount of ................................ $ (c) Subject to AND assumption of existing mortgage in good standing in favor of having an approximate present principal balance of ................................. $ (d) Purchase money mortgage and note to Seller (see addendum) in the amount of.................................................................................................... $ (a) Other: $ (f) Balance to close by U.S. cash, LOCALLY DRAWN certified or cashier's check or third -party loan, subject to adjustments or proration ............... $ _ 1 -10 5 0 , 0 0 0 .4 0 III. TIME FOR ACCEPTANCE OF it Eli E F€ n VE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION comma icated in writing between the parties on or before 1 / 3 / the deposit(s) will, at Buyers option, be returned and this offer withdrawn. The date of Contract win be the date when the last one of the Buyer and Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shag be considered for all purposes as originals. IV.Xor CING: he Purchase ice or arty rt of<tma e fi by a -parry loan, this Contract is 'tan on Buyer obtaining a eommirtment within _ alter Effective or (CHEC NLY ONE): fixeadju e; or ❑ a ed or adjustable rate hn the pri 'pal amount of S al an ' ' interest rate not to discount and or' lno exceed _ of principal amou rid for a term years r will make lion days after Effective us easonable diligence n commitment an thereafter, to isty terms and itions of a commitment Buyer shall pay all ban se f uyer fails to obtain a or fails to waive Buyers its uncle rs subparagraph withh he ti tor obtaining a t flan diligent effort, fails to meet rms conditions of the commien either party thereafter, writt notice to the other, may is Contract and Buyer refunded the deposit(s); or e hst mortgage described inph 11(c), above, has (CHEC Y ONE): O a variable intere ; or 0 a fixed interest re % per annum. At time of title , some interest rates areincrease: 0 increased, t t all not exr . Seger shad, after Effective Date, furnish a aril Irom mortgagee sta 'balance, method n ' terest rate and s of mo ge. It Buyer to a mortgage which requires val of Buyer mortga re than Buyer shall pfly obtai necessary a lion arW tlY and reWrn lt to gages. Any rthortgagee (s) not to ex $shag be pal Buyer. It Buyer t acce by mortgagee ements for ass not in accordance with rms of this Con t or mort ges a ch in exce f the stated amount, Seller uyer may rescind by written notice to they party unless either to pay the increase in interest rate or excess mortgage chges. V. TITLE EVIDENCE: At least __3_Qiays before closing date, but no earlier than --4-5days after Seller receives written notification that Buyer has obtained the loan commitment or has been approved for the ban assumption as provided in Paragraphs IV(a) or (b), above, or, if applicable, waived the financing requirements. (CHECK ONLY ONE): O Seller shag, at Sager's expense, deliver to Buyer or Buyers attorney; or LI Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): 0 abstract of title; or O title insurance oommftment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on 2 / 2 3 / 9 9 unless modified by other provisions of this Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for ('oyPrnTnPnt- ('Pnt-Pr and Pnl i rP nPpartment- Pani 1 i t3Z purpose(s). Vlll. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but If Property is Intended to be rented or occupied beyond dosing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of dosing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shag be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): (a) O COASTAL CONSTRUCTION CONTROL LINE (d) O VA/FHA (g) 0 HOMEOWNERS' ASSOCIATION DISCLOSURE (b) L l CONDOMINIUM (a) 0 INSULATION (h) O RESIDENTIAL LEAD-8 ED HAZARD DIs�LQHE (c) 0 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT M WAS IS" (1) 8 SEE ADDENDUM ATTACHED SURE XI. ASSIGNABILIV, (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; 0 may assign but not be released from liability under this Contract; orA] may not assign this Contract. XIL DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon leafing may be obtained from your County Public Health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, ff any is located on the Real Property. (c) If the Real Property includes pre-1978 residential housing then Paragraph X (h) is mandatory. XIII. MAXIMUM REPAIR COSTS: Seller shag not be responsible for payments in excess of: (a) $ N/A for treatment and repair under Standard D (if blank, then 2% of the Purchase Price). (b) $ AT / T for repair and replacement under Standard N (if blank, then 3% of the Purchase Price). XIV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE 0. IS IS INTENDEDTO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEKTHE ADVICE OF AN ATTORNEY PRIORTO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. Approve s not constitute an that any of the terms and cwhdirions In this Contract should be accepted by the parties in a psrdoufar hansacdon. Temhs and candi0ons should be negotiated based ypan the respecthre Interests, o4ectives and bargaInIng posMbna of 80 irhAsnrattad pwson& , ZwNJW IFCOPYRI 1 BY THE F ORtDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS - viol �- - A,9 - 9 -r) C I T F /P U N I/$�LE B(Date) (Seiler) R.K. AS SOC IAT ' S V I I I� / I �) Social Security or Tax I.D. It T �X � Social Security or Tax I.D. If 1,% P1 G e* 91 !J i (Buyer) (Date) (Seller) (Date) Social Security or Tax I.D. #r Social Security or Tax I.D. 0 Deposit under Paragraph 11(a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. N /A BROKER'S FEE: The brokers named below, Including listing and cooperating brokers, are the only brokers entitled to compensation in connection with dhis Contract: Name: NO BROKER Usting Broker Cooperating Brokers, If any FAR/BARA Revised 12MS RIDERS CAN BE OBTAINED FROM FLORIDA LAWYERS SUPPORT SERVICES, INC. (FLSSI) (904) 656-75M (Escrow Agent) STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OFTITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (it not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the Real Property recorded in the public records of the county wherein the Real Property is located through Effective Date. It shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the debd to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to the Real Property, subject only to liens, encumbrances, exceptions or qualifications provided in this Contract and those to be discharged by Seller at or before closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications provided in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall within 3 days thereafter, notify Seller in writing specifying the defect(s). If defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defects, failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be immediately returned to Buyer. If Buyer fails to so notify Seller. Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) within the time provided therefor. If Seller is unable to timely correct the defects. Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30-day grace period in the event of default if a first mortgage and a 15-day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty: shall permit acceleration In event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s): shall require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against fire and all perils included within the term "extended coverage endorsements' and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage. note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses and coverage customarily found in mortgages. mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein the Real Property is located. AN Personal Property and leases being conveyed or assigned will, at Sellers option, be subject to the lien of a security agreement evidenced by recorded financing statements. It a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions. Contract covenants or applicable governmental regulation, the same shall constitute a title defect. _ D. TFRMIT — --- to E. INGRESS AND EGRESS: Seller warrants and represents mat mere Is ingress anti egress ro urn near ".l.—r ��.. �.., , ,.� ,,,." , .o --•• __ .... _._,.�......._-___ _- which is in accordance with Standard A. F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at dosing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of arty financing statement, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days immediately preceding date of dosing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Sellers lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other dosing agent designated by Seller. 1. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on a Saturday. Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time Is of the essence in this Contract. J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed, bill of sale, construction lien affidavit, owners possession affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements. K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by the Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the parry responsible for furnishing the title evidence in accordance with Paragraph V. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before dosing. Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to be made through day prior to closing or occupancy it occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current years tax with due allowance made for maximum allowable discount. homestead and other exemptions. It dosing occurs at a date when the current years millage is not fixed and current years assessment is available, taxes will be prorated based upon such assessment and prior years millage. If current year's assessment is not available, then taxes will be prorated on prior years tax. If there are completed improvements on the Real Property by January 1 st of year of dosing, which improvements were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior years millage and at an equitable assessment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. o OW'MSWE E'VIDNC of leaks, water damage or s ru k- s, mechanical .... ..... ........... ere,,,,,,.�h_..r....rn;.r...,,,�r.,n..,,nn mwrhinnrv•xrw-veyVARwiNn,-rAmntTuv.t Tt.s wo.+..:.,,, r.,arranty shall be limited to the stems'TPIIMIIBPMVNIMMr1maxn ti Jn�J \)1 yin writwq Y, 10 days prior to b). Seller n �� exceeds . r i. r� O. OF LOSS: If the Properly is damaged by lire or other casually before closing and cost of restoration does not exceed 3%, of the assessed valuation of the Properly so damaged, cost of restoration shall be an obligation of the Seller and dosing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at dosing. If the cost of restoration exceeds 3 % of the assessed valuation of the Property so damaged, Buyer shall have the option of either taking the Property as is, together with either the 31/6 or any insurance proceeds payable by virtue of such loss or damage, or of canceling this Contract and receiving return of the deposit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shalt be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Sellers title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Sellers title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5-day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the detect. If Seller fails to timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment. Buyer shall return the Personal Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. It Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer -mortgagor. The escrow and dosing procedure required by this Standard shall be waived if the title agent insures adverse matters pursuant to Section 627.7841. F.S., as amended. O. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and. subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds to clear shall not excuse Buyers performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agenfs option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgement of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seiler wherein Agent is made a party because of acting as Agent hereunder. or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for miscielivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent. R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation, which, for purposes of this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover Irom the non -prevailing party reasonable attorney's fees, costs and expenses. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's Nile marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyers deposit(s) without thereby waiving any action for damages resulting from Sellers breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any parry shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey life to the Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the request of the Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included In this Contract. No modification to or change in this CorWad *0 be valid or binding upon the parties unless In *T" and executed by the party or parties intended to be bound by ff. W. WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. Rev. 1245 C OPVROW IM THE FLORIDA &AR AND THE FWRIDA ASSOCIATION OF REALTORS* ADDENDUM TO CONTRACT The parties to the contract, R.K. Associates VIII, Inc.( hereinafter referred to as "SELLER") and the CITY OF SUNNY ISLES BEACH hereinafter 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 this Addendum shall be applicable and shall prevail. The parties agree as follows: THIS IS AN AS -IS PURCHASE. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARDS TO THE VACANT LAND OR THE BUILDING. BUYER HAS A RIGHT TO INSPECTIONS AS DENOTED BELOW, HOWEVER, THE BUYER IS PURCHASING THE PROPERTY IN AS -IS CONDITION WITH THE INTENT OF DEMOLISHING THE STRUCTURE AND CLEARING THE LAND FOR THE DEVELOPMENT OF A NEW COMPLEX. IT IS AGREED THAT THERE WILL BE NO CREDITS OR ADJUSTMENTS OF ANY KIND TO BE PROVIDED IN CONJUNCTION WITH THIS C-49N9FR*C-T. (1) INSPECTIONS: 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 assessment audits, soil and groundwater samplings, soil borings, percolation tests, engineering and topographical studies, as buyer in its discretion deems necessary or convenient. Seller, simultaneously along with execution of this Contract, has provided Buyer with Environmental reports on the property, as well as soil borings and surveys. Buyer, at its election, may obtain , at its sole cost and expense an environmental report of the property prepared by a duly licensed environmental engineer or geologist. In the event the environmental report reflects aany hazardous materials ( as defined below) on or effecting the property or hazardous materials disposal activities have been conducted on the property, the Buyer may either close on the property in as -is condition, or elect to place the Seller on notice of the nature of the problem. In the event Seller elects not to take corrective action in order to cure the problem, buyer may terminate the contract and receive all deposits returned forthwith, including all accrued interest on its deposits. 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 Buyers that they provided to Buyers all environmental reports that they have received that pertain to these properties. (2) COVENANTS, REPRESENTATIONS, AND WARRANTIES OF SELLERS: 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 conditions 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. (b) Seller is not insolvent and is not 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 ownership of or Sellers' ability to convey the property. (3) 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 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 and interest either as owner or shareholder of owner and (c) For the corporate owner, the names and addresses of each officer and director. (4) SURVEY: Seller is providing Buyer with a copy of the existing survey on each parcel. Seller will enlist the services of a licensed surveyor at its sole cost and expense and will have the surveys properly certified and updated to satisfy all closing requirements. (5) COMMISSION APPROVAL: This Contract is contingent upon approval by the City Commission of the City of Sunny Isles Beach at its Commission meeting to be held on January 21, 1999. The effective date of this agreement shall be January 21, 1999. (6) F.D.O.T. CONTINGENCY: This Contract is expressly contingent upon conveyance or approval by F.D.O.T. , Florida Department of Transportation of the areas described below in Exhibit B attached hereto, located Just East and West of the subject parcels, of the property as described in Exhibit A, with the approval of FDOT and the Department of Environmental Resource Management (DERM) of Dade County to allow construction of a parking garage on the F.D. O.T. propety. This approval must be received within thirty (30) days of execution of this contract. In the event approval is not received, Buyer may elect to terminate this agreement and receive a refund of its deposits, including all accrued interest. However, in the event Buyer requires and extension of time in order to receive this approval, Seller may elect to grant Buyer an extension of time for an additional thirty (30) day period. As consideration for this extension, Buyers deposit will automatically become non- refundable and be considered as earned for the additional time frame alloted in the event Buyer is unable to procure the appropriate approvals by the end of the extension period. (7) EXISTING LEASE TERMINATION: a) It is acknowledged that Seller is the Owner and Lessor of premises at 17070 Collins Avenue Suites 250-256 , Sunny Isles beach Florida presently leased to the City of Sunny Isles Beach and utilized for both the City Hall, Government Center. Provided there are no uncured monetary defaults under the lease, Seller agrees to terminate the existing lease in place for the premises without penalty upon receipt of Four (4) full calendar months written notice from the City of Sunny Isles Beach. It is agreed that this termination provision is being provided solely with the intent of The City of Sunny Isles terminating their lease in order to relocate to there new Government Center building. Termination of the lease for any other reason will not be valid. b) After the closing on the property which is the subject of this contract, Seller/Lessor will have the right to show the premises which the City currently leases to potential Lessors provided Seller shall not unreasonably interfere with Lessee's business operations. c) Seller agrees that the upon vacating the premises, the City of Sunny Isles Beach may remove its equipment, removable fixtures, furnishings and electronic equipment from the leased premises, including five partitions outside the City managers and City attorney's offices and the Commission Dais in the Commission Dais. All other partitions shall remain and Buyer shall leave the premises in satisfactory leasable condition, less reasonable wear and tear. The City agrees to provide all plans and specs to Lessor that were utilized to construct their improvements. READ AND APPROVED THIS 61H- DAY OF January 1999 BY: CITY SUNNY R.K. ASSOCIATES ,VHI INC. ISLES AC ER") (SELLER) AVID SAMS N, MAYOR RAANAN KATZ, RESIDE T SECTION $7170-2517 That parcel of marsh. euWwrged end uplands lying in the Northwest 114 of Section 14. Township sZ south,'Ringe 42 East, Dade County" Florida# being portions of Lots 14 and 15 of SECOND REVISED PLAT OF BELLA VISTA SUODIYISION, accordin to the plat thereof, as recorded in PIpt took 50, Page 76 of the Pudic Records of Dade County, Florida, and being more parl:icularly described as follows: BEGIN at the Northwest corner of said lot 15; thence run North 66.20'46" East along the North line of said Lots 14 and 15 a distance of 120.59 feet; thence rvn South 83.14108" Nest a distance of 120.77 feet to a point on the West line of said Lot 1S; thence run North 03.39'14' West a distance of.6.55 feet to the POINT OF MINNING. Containing 395 square feet, more or less. AND BEGIN at the Southeast corner of said Lot 14; thence run South 86°20'46' West along the South line of said Lots 14 and 15 which is coincidental with the North Right of Way line of Sunny Isles Ocean Beach Boulevard, a distance of 190.00 feet to the Southwest corner of said Lot 15; thence run -North 03' 30114" West along the West line of said Lot 15 a distance of 18.77 feats thence run North 88*15119" East a distance of 190.11 feet to a point on the East line of said Lot 14; thence run South 03.39'14" East a distance of 12.44 feet to the POINT OF BEGINNING. - Containing 2965 square feet, more or less. Together with all littoral and riparian rights appurtenant to said Lots 14 and 15. Containing an aggregate amount of 3360 square feet. more or less. SECTION 81170.2517 That parcel of marsh, submerged and uplands lytng in the Northwest 1/4 of Section 14, Township S2.South, Range 42 Eastv yy being portions of Lots 16 and 16 C OfSECONDREVIS9DePLAT nOF�BELLAiVISTA SUBDIVISION, according to the -plat thereof,'as recorded in Plat Book 50, Page 76 of the Public Records of Dade County, Florida, being wre particularly described as follows: BEGIN at the -Northwest corner of said Lot 16 C; thence run.North 86020' 46" East along the North line of.Said -Lots 16C and 16. a distance of 210.00 feet to the Northeast of said Lot 16; thence run South 03.39'14" East along the East Tina of said Lot 16 a distance of 6.55 feet; thence run South 83 14'08" West a distance.of 210.31 feet to a point on the West line of said Lot 16 C; thence run North 03039118" west along said West line a distance of 17.96 feet to the POINT OF BEGINNING. Containing 2675 square feet, more or less. AND BEGIN at the Southeast corner of said -Lot 15; thence run:South 86.20-46" West along the South line of said Lot 169 which is coincidental with the North Right of Way line of Sunny Isles -Ocean Beach Boulevard, a distance Of 100 feet to the Southwest corner of said Lot 16; thence run North 030 39'14" West along the West line of -said Lot 16 a•distance of 12.55 feet to the Southeast corner of said Lot 16 C; thence run North 85034115" West along the South line of said Lot 16 C, which is coincidental with the North Right Of 'Way line of Sunny Isles Ocean Beach. Boulevard, R distance Of 111.10 feet to the Southwest corner of said Lot 16 C; thence run North 03039118^ West &ion4 the West IIna -of said Lot 16 C a distance of 2.35 feet; thence run North 89°S6'35" East a distance of 110.21 feet to a point on the East line of said Lot 16 C; thence run North 88015' 1Lot 8" East a distance of lo0.06 feet to a point on the East line of said distancetofn20.27run feettto0the9POINT1141 EOFING tBEGINNid East line of Lot 16 a Containing 2930 square feet,'more or less. Together with a1-1 the littoral and H parian.right$ appurtenant to said Lots 16 and 16 C. Containing. an aggregate amount Of. 5505 square feet, more *or _less. mmatT "a" LF.(}AL DESCR"ON' Lob It, 12,139 17,18,19.20 tmd 21 of SSCOND R13YIS1iD PLAT OF BBLLA KLSTA SWDIYIWN, according to As Plst dm=f. " mmdW is Plat Hook $0. hV 76 of dta Public Ro 14 m ds ofDade County, Florida. Together with all littoral and ripuim tights. 11 01A :VA MVIO �: i Kyj 11 Ll put W .................. Cpl.. .......... ........ ..... SEA& . FIN RALPH ABRAHAM i ASSOCIATEB REAL ESTATE APPRAIS.*RB 1820 N.E. 163rd Street, Suite 201 North Kiami Beach, Florida 33162 (305) 944-2345 August 28, 1998 City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach, Florida 33160 Attn: Jack Neustadt Finance Director Pursuant to your authorization and request, I have prepared a Complete Appraisal, prepared as a Self -Contained Appraisal Report, for the vacant site located at 393-401 Sunny Isles Beach Boulevard, Sunny Isles Beach, Florida, the legal description of which appears elsewhere in this report. Its use is limited to the client named herein for the specific use stated. Use by unintended users (anyone other than the client for the specified use) is prohibited. This report was prepared for the City of Sunny Isles Beach, client, for the following intended use: Estimate the Market Value of subject site, as if vacant, to assist in purchasing decisions. The estimated Market Value of the Fee Simple Estate of subject site, as of August 18, 1998, the date of inspection, in my opinion is: ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ( $1,250,000.00 ) • Market Value is defined as the most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming ,the price is not affected by undue stimulus. iL"iABRl1HAlt, ABA STAVE-CERTIFI$D GZNERAL REAL ESTATE APPRAISER LICENSE #0000676 i -•tram R. Brown, MA1. SHPA .tate Appraiser and Consultant August 20, 1998 Mr. Jack Neustadt 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Dear Mr. Neustadt: 3502 Bimini, N-3 • Coconut Creek. FL 33066 (30S) 97S-0324 S00 :N.W. 165th street Road • Sake 108 Miami. FL 33161 Mice: (305) 9474727 • Fax: (30S) 94-1 4029 RE: An existing commercial building 393 Sunny Isles Blvd. (Lots 14 & 15) 401 Sunny Isles Blvd. (Lots 16 & 16C) Sunny Isles Beach, Florida Pursuant to your request, we are pleased to submit the accompanying formal appraisal report. The report, including exhibits, fully describes the subject property and contains all pertinent data gathered in our investigation. We made a careful inspection of the site on August loth and other dates. All property rights were appraised and a study made of all conditions affecting its value, the purpose of which is to arrive at the current market value. A study has also been made to determine its present marketability. Our findings are submitted herein. The current market value or most probable selling price for the subject property, as of August loth, 1998, in its "as is" condition, is: $777,000.00 (Lots 14 & 15) $293,000.00 ( Lots 16 & 16C) $1,070,000 (Property total) One Million Seventy Thousand Dollars We certify that we have no present or contemplated future interest in this property and that our employment and compensation are in no way contingent upon the value reported. Respectfully submitted, Bear ram R. rown,MAI,SRA 4RZ0001699 L..Cobian State Certified General REA Certified General REA #RZ0000457 H David Samson Mayor Irving Tumtsky Vice Mayor Commissioners TO: Danny Iglesias Lila Kauffman FROM: Connie Morrow James DiPietro DATE: City Manager Lynn M. Dannheisser RE: City Attorney City of Sunny Isles Beach 17070 Collins Avenue. Suite 250 Sunny Isles Beach. Florida 33160 (305) 947-0606 phone (305) 949-3113 fax MEMORANDUM City Commission David Samson, Mayor January 21, 1999 PURCHASE OF 393401 SUNNY ISLES BOULEVARD. RECOMMENDATION It is recommended you approve the attached contract for the purchase of 393-401 Sunny Isles Boulevard. REASONS Since the incorporation of the City, I have been researching several different sites with the possibility of building a government center and police department facility for the City of Sunny Isles Beach. Initially, it made most sense to lease existing premises during our start-up period but ultimately, I believe that the City ought to have an identifiable government center at a location that is easily accessible and will allow for expansion for other civic facilities such as a possible post office and auditorium. After reviewing a number of properties, it appears that the most appropriate property is the lots located between 393 and 401 Sunny Isles Beach Boulevard. This would represent the compilation of four (4) lots owned by Raanan Katz, and approximately eight (8) lots currently owned by the Florida Department of Transportation. After numerous discussions with both parties, the Florida Department of Transportation has agreed to long term lease the adjoining lots to the City for a dollar ($1) a year and R.K. Associates has agreed to sell his properties for $1.1 million, after lengthy negotiations. This contract is contingent upon our Commission's approval of it, FDOT's agreement to convey the subject properties to us, and, the agreement of the Seller; as our landlord at 17070 Collins Avenue, to release us without cost from the existing lease upon receipt of four (4) months prior notice. The City may remove all fixtures furnishings and electronic equipment from the premises upon vacation. City Commission January 21, 1999 Page Two I look forward to receiving your approval of this contract. Respectfully submitted, DS:ch Attachment(s) (r—