HomeMy WebLinkAboutExhibit AAGREEMENT FOR PURCHASE AND SALE
THIS PURCHASE AND SALE AGREEMENT, (the "Agreement") is made and entered into this
day of
by and between the City of Miami, a municipal
corporation of the State of Florida, with offices at 444 SW 2nd Avenue, Miami, Florida 33130-
1910 (the "Seller"), and _Helen Spencer , whose mailing address is _1636 NW 71st Street,
Miami, FL 33147 (the "Purchaser"). The Purchaser and Seller are hereinafter jointly referred
to as the "Parties," and individually as "Party." 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
A. Legal Description:
See Exhibit "A" attached
Containing 2,730 square feet, more or less.
B. Street Address:
1620 NW 71 st Street, Miami, FL 33147
2. PURCHASE PRICE AND PAYMENT
The Purchaser agrees to pay and the Seller agrees to accept the sum of Two Thousand
Seven Hundred Thirty Dollars ($2,730.00) (the "Purchase Price"). This Purchase Price presumes
that the Property contains 2,730 square feet. In the event the survey to be obtained by
Purchaser at Purchaser's discretion reveals that the square footage is more than 2,730 square
feet, the Purchase Price shall be adjusted to reflect an increase based on $1.00 per square
foot. In the event the square footage is less than 2,730 square feet, then the Purchase Price
shall not be affected. The Purchase Price, as it may be adjusted, will be payable as follows:
(a) Deposit: Within five (5) days of the Effective Date as defined herein, the Purchaser
shall pay to the City of Miami an amount equal to One Hundred Thirty Seven
Dollars ($137.00) as a deposit ("Deposit"). At Closing, the Deposit shall be
credited against the Purchase Price. The Deposit is non-refundable except in the
event Purchaser terminates 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 otherwise provided in this
obD4' is- i I S9
Page 1 of 17
Agreement, shall be paid by the Purchaser to the Seller in the form of cashier's
check, certified check, official bank check or wire transfer.
3. EXEMPTION FROM BIDDING REQUIREMENTS
Section 29-B(f) of the City of Miami Charter exempts from competitive bidding the
disposition of "non -waterfront property to the owner of an adjacent property when the subject
property is 7,500 square feet or less or the subject non -waterfront property is non -buildable".
Purchaser is the owner of the land adjacent to the Property. The Property is less than 7,500 square
feet. Accordingly, the sale of the Property to the Purchaser is exempt from the competitive bidding
requirements of Section 29-B of the City of Miami Charter and consequently the assignment of
this Agreement by Purchaser is prohibited. The Charter also provides an exemption from the
competitive bidding requirements and return of fair market value when disposing of City -owned
property acquired in connection with delinquent taxes.
4. ENVIRONMENTAL
A. Definitions
For purposes of this Agreement:
The term "Hazardous Materials" shall mean and include without limitation, any
substance, which is or contains (a) any "hazardous substance" as now or hereafter
defined in the Comprehensive 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; (b) 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.); (d) 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 be 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
Page 2 of 17
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).
B. Disclaimer As To Environmental Matters
The Property is being sold in "AS IS" condition. Purchaser acknowledges and
agrees that Seller has not made, does not make and specifically negates and disclaims
any representations, warranties (other than the limited warranty of title as set out in the
Quitclaim Deed), promises, covenants, agreements or guaranties of any kind or character
whatsoever, whether express or implied, oral or written, (past, present, or future) of, as
to, concerning or with respect to environmental matters with reference to the Property,
including, but not limited to: (a) the value, nature, quality or condition of the Property,
including, without limitation, the water, minerals, soil and geology, (b) the compliance
of or by the Property, or its operation with any Environmental Requirements, (c) any
representations regarding compliance with any environmental protection, soil or water
quality, pollution or land use, zoning or development of regional impact laws, rules,
regulations, orders or requirements, including the existence in or on the Property of
Hazardous Materials.
Purchaser further acknowledges and agrees that it is being given the opportunity to
inspect the Property, and all relevant documents and records of the Seller as they relate
to the Property, if any, and other documents that may exist in the public records of the
state, county and/or city relating to the environmental condition of the Property as part
of this Agreement and that Purchaseris not relying upon any documents or
representations made by or on behalf of Seller, but that Purchaser is responsible to
conduct its own investigation of the Property.
Purchaser further acknowledges and agrees that any information provided or to be
provided with respect to the Property, if any, was obtained from a variety of sources and
that Seller has not made any independent investigation or verification of such
information and makes no representations as to the accuracy or completeness of such
information but Seller agrees that it will not intentionally withhold information and
Seller will not knowingly provide any false or misleading information. Seller is not
liable or bound in any matter by any oral or written statements, representations or
information pertaining to the Property, or the operation thereof, furnished by any agent,
employee, servant or other person, agency, or entity.
Page 3 of 17
5. INSPECTIONS
A. Inspection Period
Purchaser, its employees, agents, consultants and contractors shall have a period of
thirty (30) days from the Effective Date (the "Inspection Period") in which to undertake
at Purchaser's expense, such physical inspections and other investigations of and
concerning the Property including 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 "Inspection") after giving the Seller reasonable notice of twenty-four
(24) hours prior to each test performed. For the purpose of conducting the Inspection,
Seller hereby grants to Purchaser and its consultants and agents or assigns, right of entry
upon the Property during the Inspection Period. 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 damage or destruction of any nature
whatsoever to, or interruption or interference with the right of Seller or others to use,
the Property.
B. Inspection Indemnity, Insurance and Releases
Notwithstanding anything contained in this Agreement to the contrary, as
consideration for the Seller granting a right of entry for the Inspection, the Purchaser
hereby specifically agrees to: (i) immediately pay or cause to be removed any liens or
encumbrances filed against the Property as a result of any actions taken by or on behalf
of Purchaser in connection with the Inspection; (ii) immediately repair and restore the
Property to its condition existing immediately prior to the Inspection Period; and (iii)
indemnify, defend and hold harmless Seller, its employees, officials, 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, or anyone directly or indirectly employed by any
of them or anyone for whose acts they may be liable, with respect to the Inspection,
regardless of whether or not such claim, demand, cause of action, damage, liability, loss
or expense is caused in part by Seller, its employees, officers and agents, provided,
however, Purchaser shall not be liable for the gross negligence or intentional misconduct
of Seller, its employees, officers and agents. Nothing herein shall be deemed to abridge
the rights, if any, of the Seller to seek contribution where appropriate.
The provisions of this indemnity and hold harmless shall survive the Closing or the
termination of this Agreement.
Page 4 of 17
Prior to Purchaser entering upon the Property for purposes of commencement of
the Inspection, Purchaser shall furnish to Seller the policy or policies of insurance or
certificates of insurance in such a form and in such reasonable amounts approved by the
City of Miami's Risk Management Administrator protecting the City, 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, employees,
consultants and contractors, or anyone directly or indirectly employed by any of them
or anyone for whose acts they may be liable, upon the Property or in connection with
the Inspection.
Purchaser hereby voluntarily, intentionally and knowingly waives any and all
claims against the Seller for personal injury or property damage sustained by the
Purchaser, its employees, agents, contractors, or consultants arising out of or related to
the activities undertaken by the Purchaser, its agents, employees, consultants and
contractors upon the Property or in connection with the Inspection and releases the Seller
from any claims in connection therewith.
6. TERMINATION
A. Right of Termination
Purchaser shall have the right to cancel the Agreement at any time during the
Inspection Period, for any reason, except for title defects, which is governed by Section
5 hereof, by giving Seller written notice of its intent to cancel prior to the expiration of
the Inspection Period. In the event of termination by Purchaser under this Section or
Section 5 below, the Seller shall, within five (5) days of the date of termination, return
to the Purchaser the Deposit, except to the extent necessary to perform Purchaser's
obligations contained in this Agreement, or to secure performance of other obligations
of Purchaser that survive the termination of this Agreement.
B. Waiver and Release
In the event that Purchaser does not elect to cancel this Agreement, Purchaser
acknowledges and agrees that to the maximum extent permitted by law, the sale of the
Property as provided for herein is made on an "AS IS" condition and basis with all
faults. Purchaser on behalf of itself and its successors and assigns thereafter voluntarily,
knowingly and intentionally waives, releases, acquits, and forever discharges Seller, its
heirs, and the successors and assigns of any of the preceding, of and from any and all
claims, actions, causes of action, demands, rights, damages, costs, expenses or
compensation whatsoever, direct or indirect, known or unknown, foreseen or
unforeseen, which Purchaser or any of its successors or assigns now has or which may
arise in the future on account or in any way related to or in connection with any past,
Page 5 of 17
present, or future physical characteristic or condition of the Property including, without
limitation, any Hazardous Materials in, at, on, under or related to the Property, or any
violation or potential violation or any Environmental Requirement applicable thereto.
In addition, Purchaser thereafter specifically waives all current and future claims and
causes of action against Seller arising under CERCLA, RCRA, Chapters 376 and 402,
Florida Statutes, and any other federal or state law or county regulation relating to
Hazardous Materials in, on, under or affecting the Property. Notwithstanding anything
to the contrary set forth herein, this release shall survive the Closing or termination of
this Agreement.
7. TITLE EVIDENCE
Purchaser, at its sole cost and expense, shall be responsible for obtaining all title
documents, which Purchaser requires in order to ascertain the status of title. Purchaser agrees to
forward a copy of the aforementioned title documents to Seller within seven (7) days of the
Purchaser's receipt thereof.
Purchaser shall have a period of thirty (30) days from the Effective Date to examine title
and notify Seller, in writing, of any condition which renders the title unmarketable. Seller shall
have no obligation to cure title defects, it being understood and agreed that the Property is being
sold in "AS IS" condition. In the event that title examination reveals a condition that renders title
unmarketable, Purchaser may: (i) elect to accept such title that Seller may be able to convey; or
(ii) terminate this Agreement. Purchaser shall have no other recourse in this regard. This Property
is being sold in "AS IS" condition as to title, without any representations and/or warranties made
by Seller.
8. DISCLAIMER OF WARRANTIES AS TO PROPERTY; "AS IS" CONVEYANCE
A. Purchaser is purchasing the Property in an "AS IS" condition and specifically
and expressly without any warranties, representations or guaranties, either
express or implied, of any kind, nature or type whatsoever from or on behalf of
Seller. Without in any way limiting the generality of the immediately preceding,
and in addition to the specific disclaimers set forth in Section 4 of this Agreement
with respect to Environmental Matters, Purchaser and Seller further
acknowledge and agree that in entering into this Agreement and purchasing the
Property:
Purchaser hereby acknowledges that Seller has not made, will not and does
not make any warranties or representations, whether express or implied,
with respect to the Property, its condition, the value, profitability, or
marketability thereof,
Page 6 of 17
ii. Purchaser acknowledges that with respect to the Property, Seller has not,
will not and does not make any warranties, whether express or implied, of
merchantability, habitability or fitness for a particular use or suitability of
the Property for any and all activities and uses which Purchaser may
conduct thereon;
iii. Purchaser acknowledges that Seller has not made, will not and does not
make any representations, whether express or implied, with respect to
compliance with any land use matter, developer impact fees or assessments,
zoning or development of regional impact laws, rules, regulations, orders or
requirements;
iv. Purchaser acknowledges that Purchaser has made and/or has been given an
adequate opportunity to make such legal, factual and other inquiries and
investigations as Purchaser deems necessary, desirable or appropriate with
respect to the Property, the value or marketability thereof and of the
appurtenances thereto. Such inquiries and investigations of Purchaser
include, but shall not be limited to, the condition of all portions of the
Property and such state of facts as an accurate abstract of title would show;
v. Purchaser acknowledges that Purchaser has not relied, and is not relying,
upon any information, document, projection, proforma, statement,
representation, guaranty or warranty (whether express or implied, or oral or
written or material or immaterial) that may have been given by or made by
or on behalf of Seller;
vi. Purchaser acknowledges that Seller has not made, will not make and does
not make any warranties or representations, whether express or implied, as
to any personalty on the Property, and specifically disclaims the warranty
of merchantability. Personal property, if any, is conveyed "AS IS" and
"with all faults."
B. The provisions of this Section shall survive the closing.
9. RESTRICTIONS, EASEMENTS AND LIMITATIONS
The Purchaser further agrees it shall take title subject to: zoning, planning, restrictions,
prohibitions, and other requirements imposed by governmental authorities; restrictions and
matters appearing on the public records, including but not limited to, deed restrictions and
reversionary interests, all recorded (and unrecorded easements), and any matters that would
be disclosed on a survey of the property or inquiry with the City of Miami. Purchaser
further agrees not to place nor will be allowed to place, on any portion of the property, any
billboard that will be in the public view. This restriction shall be a covenant running with
the land which will appear in the deed to the Property and will survive the closing of the
purchase and sale. If any provision, restriction, and/or covenant contained herein is
Page 7 of 17
violated by Purchaser, title and any other property interest conveyed herein shall revert and
return to the Seller.
The Seller shall convey title to the Property by City Deed (which shall be a quit claim deed),
subject to certain deed restrictions pertaining to the use of this Property imposed in
accordance with applicable requirements, if any, of the City Charter and Code, the City
Commission, and any further restrictions as contained herein.
10. CLOSING DATE
Closing shall take place within twenty (25) days after the expiration date of the Inspection
Period, at a mutually agreeable time (the "Closing") at the City of Miami, Department of
Public Facilities located at 444 SW 2 Avenue, Suite 325, Miami, Florida. The parties may,
subject to mutual agreement, establish an earlier date for Closing.
11. CLOSING DOCUMENTS
A. At Closing, Seller shall execute and/or deliver to Purchaser the following:
i. Quitclaim Deed subject to zoning, planning, restrictions, prohibitions,
easements and other matters or limitations of record;
ii. A Closing Statement;
ii. A Non -Foreign Affidavit;
iv. Such documents as are necessary in the opinion of the City to fully authorize
the sale of the Property by Seller; and
v. Any other documents reasonably necessary to consummate the transaction
contemplated hereby.
B. Purchaser's Closing Documents: At Closing, Purchaser shall execute and/or
deliver to Seller the following:
i. Closing Statement; and
ii. Such documents as are necessary to fully authorize the purchase of the
Property by Purchaser; and
iii. Any other documents reasonably necessary to consummate the transaction
contemplated hereby.
12. CLOSING COSTS AND ADJUSTMENTS
At Closing, the following items shall be borne, adjusted, prorated or assumed by or between
Seller and Purchaser as follows:
Page 8 of 17
A. Adjustments and Prorations
Real Estate Taxes: The Seller warrants that as of the date of this Agreement
the Property is exempt from taxes. No representation whatsoever is made
as to taxes assessed on the property after closing.
i. Certified/Pending Liens: Certified, confirmed and ratified governmental
liens as of the Closing Date shall be paid by Purchaser. Pending liens as of
the Closing Date shall be assumed by Purchaser.
Other Charges, Expenses, Interest, Etc: Other fees, assessments, water and
sewer charges, waste fee and fire protection/life safety, utility connection
charges, if applicable, shall be prorated, and paid by Purchaser.
iv. 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 shall be prorated at closing. All pro -rations shall utilize
the 365-day method, and paid by Purchaser.
B. Closing Costs
i. Each party shall be responsible for its costs and attorney's fees relating to
this Agreement and the Closing.
ii. Purchaser shall pay all closing and recording costs incurred in connection
with the sale and purchase of the Property described in this Agreement,
including, but not limited to:
(1)
(2)
(3)
13. DEFAULT
documentary stamps tax and surtax;
all recording charges and/or filing fees payable in connection with
the transfer of the Property hereunder;
all amounts necessary to provide Seller with a certified copy of the
recorded deed.
(a) If this transaction does not close as a result of default by Seller, Purchaser as and
for its sole and exclusive remedy, shall have the right to: (i) terminate this
Agreement; 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 have the right to terminate this Agreement.
Page 9of17
Upon such termination, the Seller shall be entitled to the Deposit including all
interest earned, as liquidated damages and not as a penalty or forfeiture, actual
damages being difficult or impossible to measure, and the parties hereto shall be
relieved of all further obligation and liability hereunder; provided, however, that
nothing contained in this Section shall limit Seller's rights to enforce Purchaser's
obligations that survive the termination of this Agreement, including, specifically,
Section 4.D. of this Agreement.
14. COVENANT TO PAY FOR MUNICIPAL SERVICES
The Purchaser agrees that concurrently with the conveyance of the Property, at Closing,
the Purchaser shall furnish a covenant which will run with the land and shall be binding on
the Purchaser, its successors, heirs and assignees, in favor of the Seller and enforceable by
Seller, to be recorded in the public records of Miami -Dade County. This covenant shall
provide that if the Property, or any portion thereof, is purchased by an "immune" or
"exempt" entity or is utilized for exempt purposes, that so long as the City of Miami
provides municipal services to the Property the owner of the property shall pay to the City
of Miami an annual payment, which shall never be less than the amount of taxes that the
City of Miami would be entitled to receive from the Property based on the fair market value
of the Property. The covenant shall be in a form acceptable to the City Manager and
approved as to legal form by the City Attorney.
15. RISK OF LOSS
The Purchaser assumes all risk of loss or damage to the Property by fire or other casualty,
or acts of God, as of the Effective Date.
16. RELEASE AND INDEMNIFICATION
Purchaser and anyone claiming by, through or under Purchaser hereby fully and irrevocably
release Seller, its employees, officers, directors, representatives, agents, successors and
assigns (collectively the Seller) from any and all claims that it may now have or hereafter
acquire against the Seller for any cost, loss, liability, damage, expense, demand, action or
cause of action arising from or related to any defects, errors, omissions or other conditions,
including, but not limited to, environmental matters, title to the Property, condition of the
Property, personal injury, wrongful death, or property damage arising from use or
occupancy of the Property, failure to comply with any laws, rules or regulations involving
sale or use of the Property, or any other matter affecting the Property, or any portion
thereof. This release and indemnification shall survive closing, cancellation or lapse of this
Agreement.
Page 10 of 17
17. DESIGNATION OF REPRESENTATIVES
Purchaser and Seller acknowledge that proper communication between Purchaser and
Seller is important. Accordingly, to facilitate such communication, the Purchaser and
Seller have appointed the following persons on their respective behalves to be their
representatives, to wit:
On behalf of Seller: On behalf of Purchaser:
City of Miami
Daniel Rotenberg, Director
Department of Real Estate &
Asset Management
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
Telephone: (305) 416-1450
Fax: (305) 416-2156
18. NOTICES
Helen Spencer
1636 NW 71 st Street
Miami, FL 33147
All notices or other communications which may be given pursuant to this Agreement shall
be in writing and shall be deemed properly served if 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. Other
communications which may be given pursuant to this Agreement shall be in writing and
shall be deemed given upon hand delivery or five (5) business days after depositing the
same with the U.S. Postal Service to the addresses indicated below:
Seller: Purchaser:
City of Miami
Daniel J. Alfonso
City Manager
444 SW 2 Avenue, 10th Floor
Miami, FL 33130
Helen Spencer
1636 NW 7lst Street
Miami, FL 33147
Copy To: Copy To:
Daniel Rotenberg
Director
Department of Real Estate &
Page 11 of 17
Asset Management
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
Victoria Mendez
City Attorney
444 SW 2 Avenue, 9th Floor
Miami, FL 33130
19. 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.
20. BINDING EFFECT
This Agreement shall bind and inure to the benefit of the parties hereto and their successors
in interest.
21. GOVERNING LAW; VENUE
This Agreement shall be governed according to the laws of the State of Florida and venue
in any proceedings shall be in Miami -Dade County, Florida.
22. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original but all of which shall constitute one and the same Agreement.
23. 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.
24. SURVIVAL OF REPRESENTATIONS/WARRANTIES
All relevant terms of this Agreement shall survive the Closing and be enforceable by the
respective parties until such time as extinguished by law.
25. 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
Page 12 of 17
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.
246. WAIVER OF TRIAL BY JURY; ATTORNEY'S FEES
The parties hereby knowingly, voluntarily and intentionally waive any right they may have
to a trial by jury and/or to file permissive counterclaims and/or to claim attorney fees from
the other parties in respect to any litigation arising out of, under or in connection with this
Agreement, or any course of conduct, course of dealing, statements (whether oral or
written) or actions of any party hereto. This provision is a material inducement for
Purchaser and Seller entering into this Agreement.
27. 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 same is in writing and signed by the City Manager on
behalf of the Seller and by the Purchaser.
28. TIME IS 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 a Saturday, Sunday or legal holiday, the date shall be extended to the
next succeeding business day.
29. CONFLICT OF INTEREST
If any individual member, or an employee, or an immediate family member of the
Purchaser is also a member of any board, commission, or agency of the City, that individual
is subject to the conflict of interest provisions of the City Code, Section 2-611. The Code
states that no City officer, official, employee or board, commission or agency member, or
a spouse, son, daughter, parent, brother or sister of such person, shall enter into any
contract, transact any business with the City, or appear in representation of a third party
before the City Commission. This prohibition may be waived in certain instances by the
affirmative vote of 4/5 of the City Commission, after a public hearing, but is otherwise
strictly enforced and remains effective for two years subsequent to a person's departure
from City employment or board, commission or agency membership.
A letter indicating a conflict of interest for each individual to whom it applies must
accompany the submission of this Purchase and Sale Agreement. The letter must contain
Page 13 of 17
the name of the individual who has the conflict; the relative(s), office, type of employment
or other situation which may create the conflict; the board on which the individual is or has
served; and the dates of service.
30. EFFECTIVE DATE/TIME OF ACCEPTANCE
The Effective Date of this Agreement shall be the date on which the last party to this
Agreement executes said Agreement and Purchaser has been notified in writing of the
approval.
31. NO DISCRIMINATION
The Purchaser shall not lawfully discriminate in its performance of this Agreement or use
of the Property.
[Signatures appear on next page]
Page 14 of 17
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, as of the day
and year first above written.
"SELLER"
Executed by CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Daniel J. Alfonso, City Manager
Date:
ATTEST:
Todd B. Hannon, City Clerk
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Victoria Mendez
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Ann -Marie Sharpe, Director
Risk Management Administrator
The foregoing instrument was acknowledged before me this day of
, by , as City Manager for the City of Miami, a
municipal corporation of the State of Florida, who is [ ] personally known to me or [ ] who
produced the following identification:
(NOTARY PUBLIC SEAL)
Notary Public
(Printed, Typed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
Page 15 of 17
"PURCHASER"
Helen Spencer
a
By:
Helen Spencer
Date:
, Purchaser
Witness
Print Name
Witness
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
by who is [ ] personally known to me or [ ] who
produced the following identification:
(NOTARY PUBLIC SEAL)
Notary Public
(Printed, Typed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
Page 16 of 17
pert ° tarot rnalien
a Arldreea
PrflrrmeTy° Zane
EXHIBIT "A"
Summary Report
1E211Tt T71 127
+ r°'GMr' M A
AVE
MI'AMI FL 33130-19t10
4"H311 it
L.tatmp Wmlt,xr
oture4 Area,
A L V it m .Area
sses rnent En
Year
Luaod Vaasa....._
9ualdtng Value
XF Valium
Marltat Value
Aaere gee Value
Benefits Information
sBa_'lell'r
Norr {Hourna'eterre
ildtantclpal
_....._._._.
Nate: Not all banE lta
Board, C,PIy. Re'glanalt.
TrpR
1 VACAA:T C + LRNMEMMtAL
1„4?4T LAND - GOVERNMENTAL
2014
2113
NORTH LIBERTY CITY P63 3' .77
LOT 36r5L^12
LOT 312E 31.021).X. 91
OR 211944E71 0,413
Taxable Value
GeraraiEed Or 15,1
Mugu ash iB
3',245
r i
4
i
01
31,'32
31 132
Sales Information
P'IE!VIOCI5 ,Sale ] F rIce I OR &sur''-Page 12u 12il 31km Des lMlnnn
Page 17 of 17