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
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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)
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