HomeMy WebLinkAboutexhibit- purchase agreementPURCHASE AND SALE AGREEMENT
THIS PTJRCI-I.ASE AND SALE AGREEMENT, (the "Agreement") is made
and entered into this 6, day of `%Ayj�c cc.2c , by and between B &
B Enterprises, a Florida General Partnerslp with offices at Post Office Box
380100, Miami, Florida 33238 (the "Seller") and the City of Miami, a municipal
Corporation of the State of Florida, with offices at 444 SW 2 Avenue, Miami, Florida
33130-1910 (the "Purchaser"). The Parties hereby agree that Seller shall sell and
Purchaser shall buy the following property upon the following terms and
conditions:
1. DESCRIPTION OF PROPERTY/PURPOSE OF ACQUISITION
(a) Legal Description:
Lot 21, •Block 12, of Pierce's Addition to
Leman City, according to the Plat thereof,
recorded in Plat Book B, at Page 43, of the
Public Records of Dade County, Florida.
Containing 5,00(.) square feet, more or less.
(b) Street Address:
247 NE 59th Street, Miami, Florida
2. PURCHASE PRICE
The Purchaser agrees to pay and the Seller agrees to accept for the Property
the sum of One Hundred Eighty•Ninn Thousand Seven Hundred Fifty
Dollars ($189,750) (the '."Purchase Price"). The Purchase Price. as it may be
adjusted, will be payable as follows:
(a) Deposit.: Within forty -.five (45) days of the Effective Date as
defined herein, the Purchaser shall_ ay to )2/thi e riCPI Irmo
(the "Escrow Agent") noe4i • -fix vWs,c d,Ca*:.. =.c$ a deposit
(the "Deposit"). The Deposit shall be held by the Escrow Agent in an
interest bearing account, with interest accruing to .Purchaser, unless
the Deposit is disbursed to the Seller upon Purchaser's default. At
Closing, the Deposit and all interest earned thereon, shall be
delivered by the Escrow Agent to the Seller and credited against the
Purchase Price. The Deposit is non-refundable except in the event
Purchaser ternnnates this .Agreement as provided herein.
(b) Closing Payment: At Closing, the Deposit, plus the balance of the
Purchase Price, adjusted by adjustments, credits, prorations, or as
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otherwise provided in this Agreement, shall be paid by the Purchaser
to the Seller in the !brill of cashier's check, certified check, official
bank check or wire transfer.
3. CONDITIONS PRECEDENT TO CLOSING; PERFORMANCE BY SELLER.
(a) As a condition precedent to Closing, but not later than the expiration
date of the Investigation Period, as defined in Section 4 (b) below, the
Seller shall have fully performed, at its sole cost and expense, and
provided Purchaser evidence of completion of the following
undertakings:•
(i) The' roperty shall be vacant of tenants and shall be free o
debris.
(la) Seller shall warrant to Purchaser that, at the time of closing, there
are no parties in possession of the Property other than Seller, and that
there are no oral or written leases, options to purchase, or contracts
for sale covering gill or part of the Property. Seller shall further
warrant, that there are no parties having ownership of improvements
on the Property and no parties having any interest in the Property.
Seller represents and warrants that it has previously furnished to the
City copies of any written leases, options for purchase, rights of first
refusal, contracts for sale, estoppel letters for each Tenant, and
cancellation, discharge or extinguishment of same.
(c) In the event that any one of the foregoing conditions is not satisfied on
or before the expiration date of the Inspection Period, the Purchaser
shall have the right, in its sole discretion, to (i) terminate this
Agreement, whereupon the Escrow Agent shall immediately deliver to
.Purchaser the Deposit and the parties shall be relieved of all further
responsibilities and obligations hereunder, or (ii) extend the Closing
Date by not more than ninety (9u) days to allow the Seller to comply
with the conditions precedent.
4. ENVIRONMENTAL MATTERS
(a) Definitions:
t"or purposes of this Agreement:
The terns "Hazardous Materials" shall mean i.ind include without
limitation, any substance, which is or contains (A) any "hazardous
substance" as now or hereafter defined in the Comprehensive
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Environmental Response, Compensation, and Liability Act of 1980. as
amended (42 U.S.C.. Section 9601 et seq.) ("CERCLA") or any
regulations promulgated under or pursuant to CERCLA: (13) any
"hazardous waste" as now or hereafter defined in the Resource
Conservation and Recovery Act (42 U.S.C., Section 6901 et. seq.); (C)
any substance regulated by the Toxic Substances Control Act (15
U.S.C., Section 2601 et. Seq.); ([)) gasoline, diesel fuel, or other
petroleum hydrocarbons; (E) asbestos and asbestos containing
materials, in any form, whether friable or non -friable; (F)
polychlorinated biphenyls; and (G) any additional substances ,or
material which: (i) is now or hereafter classified or considered to he
hazardous or toxic under Environmental Requirements as hereinafter
defined; (ii) causes or threatens to cause a nuisance on the Property or
adjacent property or poses or threatens to pose a hazard to the health
or safety of persons on the Property or adjacent property; or (iii) would
constitute a trespass if it emanated or migrated from the Property.
The term "Environmental Requirements" shall mean all laws,
ordinances, statutes, codes, rules, regulations, agreements,
judgments, orders and decrees, now Or hereafter enacted,
promulgated, or ..amended of the United States, the State of Florida,
Miami -Dade County. the City of Miami, or any other political
subdivision, agency or instrumentality exercising jurisdiction over the
Seller or the Purchaser, the Property, or the use of the Property,
relating to pollution, the protection or regulation of human health,
natural resources, or the environment, or the emission, discharge,
release or threatened release of pollutants, contaminants, chemicals,
or industrial, toxic or hazardous substances or waste or Hazardous
Materials into the environment (including, without limitation,
ambient air, surface water, groundwater, land or soil).
Inspection Period:
Purchaser, its employees, agents, consultants and contractors shall
have a period of Sixty (60) days from the Effective Date (the
"Investigation Period") in which to undertake at Purchaser's expense,
such physical inspections and other investigations of and concerning
the Property. Said inspections may include, but are not. limited to
surveys, soil borings, percolation, engineering studies, environmental
tests and studies and other tests as Purchaser considers necessary for
Purchaser and his consultants to review and evaluate the physical
characteristics of the Property and to perform certain work or
inspections in connection with such evaluation (the "Environmental
Inspection") .after giving the Seller reasonable notice prior to each test
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performed. For the purpose of c iducting the Environmental
[nspection, Seller hereby grants to P •chaser and its consultants and
agetits or assigns, full right of en y upon the Property during the
Inspection Period t . The right of access herein
granted shall be exercised and used by Purchaser, its employees,
agents, representatives and contractors in such a manner as not to
cause any material damage or destruction of any nature whatsoever
to, or interruption of the use of the Property by the Seller. its
employees, officers, agents and tenants.
(c) Inspection Indemnity, Insurance and Releases:
Notwithstanding anything contained in this Agreement to the
contrary, as consideration for the Seller granting a continuing right of
entry, the Purchaser hereby specifically agrees to: (i) immediately pay
or cause to be removed any liens filed against the Property as a result
of any actions taken by or on behalf of Purchaser in connection with
the inspection of the Property; (ii) immediately repair and restore the
Property to its condition existing immediately prior to the Inspection
Period: and (iii) to the extent permitted, and subject to the limitations
afforded governmental agencies by law, indemnify, defend and hold
harmless Seller, its employees, officers and agents, from and against
all claims, damages -or losses incurred to the Property, or anyone on
the Property as a result of the actions taken by the Purchaser, any of
its employees, agents, representatives or contractors, with respect to
the inspection Off the Property, provided, however, Purchaser shall not
be liable for the negligence or misconduct of Seller, its employees,
officers and agents, or anyone employed by any of them.
Prior to Purchaser entering upon the Property for purposes of
commencement of the. Environmental Inspection, Purchaser shall
furnish to Seller the policy or policies of insurance or certificates of
insurance, protecting the Seller, during the course of such testing,
against all claims for personal injury and property damage arising out
of or related to the activities undertaken by the Purchaser, its agents,
ceinployees, consultants and contractors, or r.cnyone directly or
indirectly employed by any of them or anyone for whose acts they may
he liable, upon the Property or in connection with the Environmental
Inspection, All agents or subcontractors must submit certificate of
insurance to Seller prior to entering the Property.
(d) Remedies/Right of Termination:
If Purchaser discovers, during the Investigation Period, the presence
of Hazardous 1Vlaterials on the Property in levels or concentrations
which exceed the standards set forth by DERM, the State or the
Federal Government (an "Environmental Condition"), prior to the end
of the Inspection Period, Purchaser shall notify Seller in writing and
deliver to Seller copies of all written reports concerning sttch
Environmental Condition (the "Environmental Notice"), together with
a cost estimate prepared by Purchaser's environmental consultant
setting forth the estimated cost of the remediation of the
Environmental Condition (the "Cost Estimate"). The Purchaser shall
have fifteen (15) .business claays from the date the -Seller receives the
Environmental Notice and the Cost Estimate to terminate this
Agreement, by giving Seller written notice of its decision to do so,
whereupon (i) all property data and all studies, analysis, reports and
plans respecting the Property delivered by Seller to Purchaser or
prepared. by or on behalf of the Purchaser shall be delivered by
Purchaser to the Seller; and then (ii.) except as otherwise provided in
this Agreement, the parties shall thereupon he relieved of any and all
further responsibilities and obligations under this Agreeient; and (iii)
Purchaser shill be refunded the Deposit and all interest earned.
(e) Waiver 'and Release:
In the event that'Purchaser does not elect to cancel this Agreement,
Purchaser acknowledges and agrees that the sale of the Property as
provided for herein is made on an "AS IS" condition and basis with .all
faults.
Seller's Representations Regarding Lack of Knowledge of
Environmental Condition:
Seller represents and warrants to Purchaser that, to the best: of
Seller's knowledge but without making independent inspection or
inquiry
(i) To the• hest of Seller's knowledge the Property is
presently free from contamination by Hazardous Materials, and the
,Property and the activities conducted thereon do not pose any
significant hazard to human health or the environment or violate any
applicable Environmental Laws. There is no evidence of any existing
release of Hazardous Materials at the Property.
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(ii) To the best of Seller's knowledge there has been no
generation, treatment or storage of nny Hazardous Materials at the
Property nor any activity at the Property, which could have produced
Hazardous Materials.
(iii) To the best of Seller's knowledge -there are no surlfcce
impoundments, lagoons, waste piles, landfills, injection wells,
underground storage areas, tanks, storage vessels, drums, containers
or other man-made facilities which may have accommodated
Hazardous Materials on the Property. Neither Seller nor to the
Seller's knowledge any third persons have stored, placed, buried or
released Hazardous Materials on the Property, including the soil,
surface water and ground water.
(iv) To. the best of Seller's knowledge, there has been. no
treatment, storage or release of any Hazardous Materials on land
adjacent or near to the Property which may constitute a risk of
contamination of the Property or surface or ground water flowing to
the Property.
(v) To the best of Seller's knowledge, no inspection, audit,
inquiry or other investigation has been or is being conducted by any
governmental agency or other third person with respect to the
presence or discharge of Hazardous Materials at the .Property or the
quality of the air,' or surface or subsurface conditions at the Property.
Seller•has received no notice that- any such inspection, audit, inquiry
or investigation is pending or proposed, nor to they Seller's knowledge
has any previous owner of the Property received any warning notice,
notice of violation, administrative complaint;, judicial complaint or
other fc>rrnal or informal notice alleging that HazardousMate.rials
have been stored or released at the Property or that conditions on the
Property are in violation of any Environmental Laws. • -
5. TITLE EVIDENCE AND SURVEY
Within five (5) days of the Effective Date, Seller shall deliver to Purchaser
such title policy(ies), title commitments, abstract of title, or other evidence of
title and such survey(s) of the Property as Seller niay have in its possession
or of which it may have knowledge. Purchaser shall be responsible for
obtaining, at its sole cost, (i) a commitment for title insurance, from a.
recognized title insi.irance company authorized to issue title insurance in the
State of .Florida, agreeing to insure Purchaser's title, free of all exceptions,
except those that may be accepted by Purchaser, together with all
corresponding title documents, and (ii) n survey of the Property showing the
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Property to be free of encroachments or conditions that, in Purchaser's sole
discretion. would affect its proposed sue of the Property. Purchase shall
have a period equal to the Inspection Period. in which to obtain and examine
the survey and the title commitment and submit to the Seller its objections
(the "Title Defect"). Seller shall have a period of sixty (fal)) calendar days
after its receipt of Purchaser's notice in which to cure the Title Defect. Seller
shall use good faith efforts to cure any Title Defect.
If Seller shall be unable to convey title to the Property according to
provisions of this Agreement, Purchaser rnay: (i) elect to accept such title
that Seller may be able to convey, with no reduction in Purchase Price; or (ii)
ternii.nate this Agreement, in which case the Deposit and all interest earned
thereon shall he returned by Escrow Agent to Purchaser. Upon such refund,
this Agreement shall be null and void and the parties hereto shall be
relieved of all further. obligation and liability, and neither party shall have
any further claims against the other.
6. CLOSING DATE
Unless otherwise extended by other provisions of this Agreement, closing
shall take place within Ninety WO) days after the Effective Date, at a
mutually agreeable time (the "Closing") at, the City of Miami, Department of
Economic' Development located at 444 SW 2 Avenue, Suite 325, Miami,
Florida or at such other location within the City of Miami that the Purchaser
may designate in writing by affording a notice to Seller as provided herein.
The parties may, subject to mutual written agreement, establish an earlier
or extend the date for Closing.
7. CLOSING DOCUMENTS
(a) Seller's Closing Documents:
At Closing, Seller shall execute and/or deliver to Purchaser the
tirllowing documents, in form and • substance acceptable to the
Purchaser's City Attorney:
(1) Statutory Warranty Deecl;
(2) .A Closing Statement;
(3) A Seller'; Affidavit and a Non -Foreign Affidavit;
(4) A Bill of Sale for all personal property and fixtures on the
.Property;
(5) Evidence of compliance with the Conditions Precedent.
(6) Such other documents as are necessary to fully authorize the
sale of the Property and the execution of all closing documents;
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(7) An affidavit reaffirming the warranties and representations set
forth herein and certifying compliance with all Conditions
Precedent.
(b) Purchaser's Closing Documents:
At Closing, Purchaser shall execute and deliver to Seller the following,:
(I.) Closing Statement;
(2) Such documents as are necessary to fully authorize the
purchase of the Property and the execution of all closing
documents;
(3) Such other documents as are necessary to authorize the
purchase of the Property and the execution of all closing
documents.
(c) Other Contract Documents:
Seller acknowledges that the property is being acquired by a
governmental agency and that the transaction may be subject to
certain federal, state and local requirements, which include reporting
and disclosure of information.
Seller agrees to comply with the public disclosure and inspection
requirements under Chapter 119, Florida Statutes, disclosure of
beneficial interests under Section 286.23, Florida Statutes,
certification regarding conflict of interest under Chapter 112, Florida
Statutes, Chapter 2 of the Miami City Cocle and § 2-11-1 of the Miami -
Dade County Code, certification regarding Public Entity Crimes under
Section 287.133, Florida Statutes, and in connection therewith, Seller
agrees to execute and.deliver all documents required or requested by
Purchaser or any other governmental authority, including; , but not
limited to :
(1) Conflict: of Interest: and Non- Collusion Affidavit; and
(2) Sworn Disclosure of Beneficial Interests in Seller in Seller
(3) Seller is a partnership, limited partnership. corporation, or
trust, and
(1) Public Entity Crime Affidavit.
8. CLOSING COSTS AND ADJUSTMENTS
At Closing, the following items shall be borne, adjusted, prorated or assumed
by or between Seller and Purchaser as follows:
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(a) Adjustments and Prorations:
(1) Certified/Pending Liens: Certified. confirmed a and ratified
governmental liens as of the Closing Date shall be paid by
Seller. Pending liens as of the Closing Date shall be assumed
by Purchaser,
(2) Other Taxes, Expenses, Interest, Etc: Taxes, assessments,
water and sewer charges, waste fee and fire protection charges,
if applicable, shall be prorated.
(3.) Usual and Customary: Such other items that are usually and
customarily pro -rated between purchasers and - sellers of
properties. in the area where the .Property is located. All pro-
ratjons shall utilize the 365-day method.
(b) Closing; costs:
(I) Each party • shall be responsible for its own attorney's fees
incurred in connection with the CIosing.
(2) Seller shall pay attt I recording costs incurred i
connection with the sale and purchase of the Property described
in this Agreement, including. but not limited to:
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(i) documentary stamps arid surtax on the cleecl.
(ii) all recording charges, filing fees payable in connection
with the transfer of the Property hereunder, or required
in order to clear title.
Amy 4 40$ r F v4.T'9k. 4 .
(a) ll' this transaction does not close as a result of default by Seller,
Purchaser, in addition to all other remedies available at law Or in
equity, shall have the right to: (i) terminate this Agreement and
receive the return of the Deposit and all interest thereon; or (ii) waive
any such conditions or defaults and to consummate the transactions
contemplated by this Agreement in the same manner as if there had
been no conditions or defaults and without any reduction in the
Purchase Price and without any further claim against Seller.
(b) If this transaction does not close as a result of default by Purchaser,
Seller, as and for its sole and exclusive remedy, shall retain the
Deposit and all interest earned thereon, as liquidated damages and
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not as a penalty for forfeiture, actual damages being difficult or
itnpossible to measure.
(c) Neither party shall be entitled to exercise any remedy for a default by
the other party, except failure to timely close, until (i) such party has
delivered to the other notice of the default and (ii) a period of ten
calendar (10) clays from and after delivery of such notice has expired.
with the other party having failed to cure the default or diligently
pursued remedy of the 'default.
10. RISK OF LOSS
The Seller shall have all risk of loss or damage to the Property by tire or
other casualty, or acts of Gocl, until title to the Property is transferred to
Purchaser on the Closing Date.
11. DESIGNATION OF REPRESENTATIVES
Purcha.ser and Seller have appointed the foliowing persons on their
respective behalves to be their representatives, to wit:
On behalf of Purchaser:
City of Miami
Department- of Economic
Development
.Keith Carswell, Director
44,1 SW 2 Avenne, 3rd Floor
Miami, 1+`i., 33130
Telephone No.: (30 5) 416-1'lt}0
Fax (:305) 41 G•2 1 5G
With a copy to:
Alejandro Vilarello, City Attorney
City of Miami
444 SW 2 Avenue, Suite 945
Miami, PL 3:3130
12, NOTICES
On behalf of Seller:
Ben Porno, Bennet Pitmu &
Jerry Purno
Post Office Box :380100
Miami, Florida 33238
Telephone No.: (305) 757-182:3
Fax (3051 757-7064
,John Cosgrove, Esq.
201. Worst 'Hagler Street
Miami, .Florida 3:31:30
- (305) 3 7 3.53 l:3
All notices or other communications which may be given pursuant to this
Agreement shall be in writing and shall be deemed properly served if
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delivered by personal service or by certified mail addressed to Seller and
Purchaser at the address indicated herein. Such notice shall be deemed
given on the day on which personally served; or if by certified mail, on the
fifth day after being posted or the date of actual receipt., whichever is earlier:
Purchaser:
Joe Arriola, City Manager
City of Miami
Post: Office Box 330708
Miami, FL 33233-0708
Copies To:
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City of Miami
Keith Carswell, Director
Department of Economic
Development
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
Alejandro Vilarello
City Attorney
444 SW 2 Avenue, Suite 945
Miami, FL :33130
Seller:
B & B Enterprises, a Florida
General Partnership
Post Office Box 380100
Miami, Florida 33238
Telephone No.: (305) 7 5 7 -182:3
Fax (305) 757-7064
John Cosgrove, Esq.
201. West Flagier Street
Miami, Florida 33130
Telephone No,: (305) 373-5313
13. CAPTIONS AND HEADINGS
The Section headings or captions appearing in this Agreement are for
convenience only, are not part of this' Agreement, and are not to be
considered in interpreting this Agreement.
14. BINDING EFFECT
This Agreement shall bind and inure to the benefit of the parties hereto and
their successors in interest. Purchaser may assign or.pledge this Agreement
only with the prior written consent of the City Manager which consent may
be withheld for any or no reason whatsoever.
15. GOVERNING LAW
This Agreement shall be governed according to the laws of the State of
Florida and venue shall be in Miami• Dade County, Florida.
16. AWARD OF AGREEMENT •
Seller represents and warrants that it has not employed or retained any
person employed by the Purchaser to solicit or secure this Agreement and
that it has not offered to pay, paid, or agreed to pay any person employed by
the Purchaser any fee, commission percentage, brokerage fee, or gift for the
award of this Agreement.
17. CONFLICT OF INTEREST
The Seller covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with purchase and
sale of the Property has any personal financial interest; direct or indirect, in
this Agreement, except for the interest of the Seller in the sale of the
Property. The Seller is aware of the conflict of interest laws of the- City of
Miami (.City of 14liami Code Chapter 2, Article V), Dade County, Florida
(Dade County Code Section 2-11.1) and the State of Florida (Chapter 112.
Florida Statutes), and agrees that it shall comply in all respects with the
terms of said laws and any future amendments, as well as all other federal
or state laws or regulations applicable to the transaction that is the subject
natter of this Agreement.
1.8. COUNTERPARTS
'.Phis Agreement inay be executed in one or more counterparts, each Of which
shall he deemed to he an original but all of which shall constitute one and
the same Agreement.
19. WAIVERS
No waiver by either party of any failure or refusal to comply with its
obligations shall be deemed a waiver of any other or subsequent failure or
refusal to comply. All remedies, rights, undertaking, obligations and
agreement contained herein shall be cumulative and not mutually exclusive.
20. SURVIVAL OF REPRESENTATIONS/WARRANTIES
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The representations and warranties contained in this- Agreement shall
survive -the Closing and be enforceable by the respective parties until such
time as extinguished by law.
21. PARTIAL INVALIDITY
In the event that any provision of this Agreement shall be unenforceable in
whole or in part, such provision shall be limited to the extent•necessary to
render same valid, or shall be excised from this Agreement, as circumstances
require, and this Agreement shall be construed as if said provision had been
incorporated herein as so limited, or as if said provision had not been
included herein, as the case may be.
22. WAIVER OF TRIAL BY JURY
The parties hereby knowingly, voluntarily and intentionally waive any right.
they may have .to a trial by jury, waiver of right to file permissive
counterclaims, or waiver of right to claim attorney's fees in respect to any
litigation arising out of, under or in connection with this Agreement, or any
l'ourse of conduct, course of dealing., statements (whether verbal. or written)
or actions of any party hereto. This provision is a material inducement for
Purchaser and Seller entering into this Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties. There
are no promises, agreements, undertakings, warranties or representations,
oral or written, express or implied, between the parties other than as herein
set forth. No amendment or modification of this Agreement shall be valid
unless the sane is in writing and signed by the City Manager on behalf of
the Seller and they Purchaser.
24. TIME OF THE ESSENCE
Time is of the essence of this Agreement and in the performance of all.conditions
and covenants to be performed or satisfied by either party hereto. Whenever a date
specified herein shall fall on t.t Saturday, Sunday or legal holiday, the date shall be
extended to the next succeeding business day. Pii
25. EFFECTIVE DATE/TIME OF ACCEPTANCE &t4e (2. .S , "oac(5 i27(1
rft_� Qi
The Effective Date of this Agreement shall be the .cite on which t e last
party to this Agreement executes said Agreement, the Agreement has been
approved by the Miami City Commission and the Seller has been notified in
writing of the approval.
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26. AUTHORITY OF CITY MANAGER
The Resolution of the City Commission of the Purchaser shall, in addition to
approving the purchase contemplated under this Agreement, empower the
City Manager of the Seller to modify this Agreement in the event a
modification to this Agreement becomes necessary or desirable.
27. APPROVAL BY THE MIAMI CITY COMMISSION.
This Purchase and Sale Agreement is subject, as a condition precedent, to
the approval of the Miami City Commission. -
28. THIRD PARTY BENEFICIARIES
Neither Seller nor the City intends to directly or indirectly benefit a. third
party by this Agreement. Accordingly, therefore the parties agree that there
are no third party beneficiaries to this Agreement and that no third party
shall be entitled to assert :.t claim against the County batted upon this;
..agreement.
29. BROKER'S COMMISSION
The Purchase and the Seller each represent and warrant that they hive
dealt with no broker and Seller agrees to indemnify, hold and save harmless
and defend the Purchaser, its officials and employees from any claim.
demand or liability for commissions, alleged statutory or regulatory
violations, breaches of contract relating to the subject matter of this
Agreement, inclusive of court costs, principal, interest, made on behalf of a
broker, tenant, third part y beneficiary or other person or entity. Seller
agrees to pay any real estate commissions claimed in this transaction.
30. ASSIGNMENT
This Agreement, or any interest therein, shall not be assigned, transferred
or otherwise encumbered under any circumstances by either party without
the prior written consent of the other party, which may be unreasonably
refused.
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IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, as of the day and year first above written.
ATTEST: "SELLER"
By:
Print Nam
Title:
Attest:
B & B Enterprises, a Florida
General Partnership
BY•
Print Name: Ben Purno
Title: 171-r , dfamiL
"BUYER"
THE CITY OF MIAMI, A municipal
corporation of the State of Florida
By:
• Priscilla Thompson, City Clerk Joe Arriolaa, City Manager
Approved as to Form and Correctness Approved as to Insurance
Requirements
Alejandro Vilarello, City Attorney Dania F. Carrillo, Risk Management
Administrator
KA(' mv:Ptirc rave.&SaleAgreemrmt#79.11ric
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