HomeMy WebLinkAboutexhibit 2- addendumADDENDUM
THIS ADDENDUM is made this day of 2004, and is
incorporated into and made a part of that certain Purchase and Sale Agreement (the
"Agreement") dated of even date herewith between Olga Felix and Ann Marie Lourde-Lacroix,
whose principle address is 5901 Northeast 2nd Avenue, Miami, Fl. (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"), for the sale and purchase of the real property located at:
5901-09 Northeast 2nd Avenue, Miami, Florida (the "Property").
Section 3(a)(ii) is hereby deleted.
2. Notwithstanding anything in the Agreement to the contrary, Seller and Buyer
agree as follows:
(a) Seller represents to the Buyer that, to the best of Seller's knowledge, there
are tenants without written leases and one (1) tenant with a written
lease in occupancy of the Property as of the date hereof.
'(b) Buyer shall have a period of days from the date hereof in which to
obtain a copy of the written lease (the "Lease") and a period of thirty (30)
days thereafter in which to review it (the "Lease Review Period"). Seller
shall use best efforts to assist Buyer in obtaining a copy of the Lease.
(c) Buyer shall have the right to obtain estoppel letters from all tenants of the
Property and Seller shall use best efforts to assist Buyer in this regard.
(d) In the event Buyer is unable to obtain the Lease or the estoppel letters, or
if Buyer, in its sole discretion, is not satisfied with the Lease or the content
of the estoppel letters, Buyer shall have the right to cancel this Agreement
not later than five (5) business days after expiration of the Lease Review
Period, by giving Seller written notice of its election to cancel, in the
manner set forth in the Agreement. In such event, the Escrow Agent shall
immediately deliver to Buyer the Deposit and the parties shall be relieved
of all further responsibilities and obligations hereunder.
3. Not earlier than thirty (30) calendar days before the Closing Date, Buyer shall
have the right to give all tenants of the Property that are not subject to a written
lease with a term a notice to vacate the premises. Said notice shall request each
tenant to vacate the Property within thirty (30) days of receipt of the notice but no
later than thirty (30) days after the Closing Date. In the event the Property is not
completely vacant by the Closing Date, then Buyer shall have the right to retain
two thousand dollars ($2,000) for each tenant that remains on the Property at the
time of Closing. These funds shall be held in escrow until the tenant moves
within the time frame provided above. For each tenant that does not vacate as
provided above, the funds shall be retained in full by Buyer to compensate Buyer
for costs and expenses relating to the extended occupancy and subsequent
eviction.
4. Seller Olga Felix shall have the right to remain on the Property for a period of
thirty (30) calendar days after closing.
5. The parties' obligations hereunder shall be subject to Seller Olga Felix obtaining a
written contract to purchase or lease other property for her relocation. In the
event Seller Olga Felix is unable to obtain such contract within days after
the date hereof, then either party may cancel this Agreement by written notice to
the other whereupon the Escrow Agent shall immediately deliver to Buyer the
Deposit and the parties shall be relieved of all further responsibilities and
obligations hereunder, unless the Buyer elects to extend the period for the
procurement of the contract by no more than thirty (30) calendar days. Seller
shall use best efforts to obtain a written contract for relocation within the
stipulated period.
6. In the event of a conflict between the provisions of the Agreement and this
Addendum, the provisions of this Addendum shall control.
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum as of
the day and year first above written.
Witnesses:
Print Name:
Print Name:
Attest:
"SELLER"
By:
Olga Felix:
Print Name:
By:
Ann Marie Lourde-Lacroix
Print Name:
"BUYER"
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Priscilla Thompson, City Clerk Joe Arriola, City Manager
Approved as -to Form and Correctness Approved as to Insurance
Requirements
Alejandro Vilarello, City Attorney Dania F. Carrillo, Risk Management
Administrator