HomeMy WebLinkAboutR-74-04342
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'3z`SUP
33DOCL
FOL
MEA/Cs
5/20/74
RESOLUTION NO. _ T' 7:Jr,
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER AND THE CITY CLERIC TO EXECUTE
AN AGREEMENT BY AND BETWEEN THE CITY OF MIAMI
AND ITOSEPH SLAPPY AND KATHERINE SLAPPY,
HIS WIPE, TO PERMIT THEM TO REMAIN ON THE
PROPERTY THAT THEY ARE SELLING TO THE CITY
OP MIAMI FOR A PERIOD NOT TO EXCEED SIX MONTHS
AFTER CLOSING.
WHEREAS, the City obtained the cooperation of Mr.
and Mrs. Slappy in the purchase of their property needed for the
Elizabeth Virrick Park Expansion; and
WHEREAS, Mr. and Mrs. Slappy need additional time
not allowed in the original contract to acquire replacement pro-
perty; and
WHEREAS, the property they are selling to the City
will not be needed for at least six months; and
WHEREAS, Mr. and Mrs. Slappy have requested that they
be allowed to remain in possession of the premises for a per-
iod up to six months after closing; and
WHEREAS, the Administration is inclined to be cooper-
ative in this matter;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the City Manager and the City Clerk
are hereby authorized and directed to execute the agreement attach-
ed hereto permitting Mr. and Mrs. Slappy to remain in possession
of the premises for a period not to exceed six months after clos-
ing.
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PASSED AND ADOPTED this 3 day of 7 4 , 1974.
PREPARED AND APPROVED BY:
ERSON, Asst. City Attorney
h
SAS TO F
CORRECTNESS:
Lam/
UN S. LLOYD, City Att;' ney
`DOCUMENT IND
ITEM NO. 3
CITY COMMISS: -F;.
MEET1Nr d
MAY 2 3 1974
RESOLUTION n;O7"6`i9tf"
AGREEMENT
THIS AGREEMENT made and entered into this day of
May, 1974, by and between the CITY OF MIAMI, Party of the First
Part, and JOSEPH SLAPPY and KATHERINE SLAPPY, his wife, Parties of
the Second Part:
WITNESSETH:
WHEREAS, the Parties of the Second Part are selling lot
10, Block 7, FROW HOMESTEAD AMENDED, according to the Plat thereof,
as recorded in Plat Book "B" at Page 106 of the Public Records of
Dade County, Florida, to the Party of the First Part; and
WHEREAS, the Parties of the Second Part have requested
that they be permitted to remain in possession of the premises for
no more than six (6) months after the date of closing;
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND
MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. The Party of the First Part shall withhold Two Thousand
Five Hundred Dollars ($2500.00) from the total purchase price at the
time of closing and said sum shall be paid by the Party of the
First Part to the Parties of the Second Part on the transfer of
possession subject to the following conditions:
A. Possession of the property shall be
transferred from the Parties of the Second Part
to the Party of the First Part with utilities
disconnected and building in broom -clean condition
no later than six (6) months after the date of
closing.
B. Nothing shall be removed from the
premises except for personal property, shrubbery and
one lime tree.
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2. The Parties of the Second Part do hereby unconditionally
release, acquit, exonerate and forever discharge the Party of the
First Part, its agents, and employees, from any and all claims,
demands, accounts, sums of money, torts, trespasses, and causes of
action or rights of action, which may result during the time that
the Parties of the Second Part remain in possession of the premises
whether or not said claims, etc. are the fault of the Parties of
the Second Part.
-3. The Parties of the Second Part agree to continue
their existing insurance policy on the premises and have the Party
of the First Part named as loss payee.
4. The Parties agree that no rent shall be paid by the
Parties of the Second Part to the Party of the First Part for the
three (3) months after closing. If the Parties of the Second Part
remain on the property for a period in excess of three (3) months
they shall pay to the Party of the First Part the sum of Two
Hundred Dollars ($200.00) per month as fair rental payments on the
premises. Unless the Parties of the Second Part transfers
possession of the premises to the Party of the First Part on or prior
to August 20, 1974, the first rental payment reserved hereunder shall
be paid on that date by check,.caah, or money order, made payable
to the City of Miami at the office of the Director of Finance of the
City of Miami. A like amount shall be paid on the 20th day of
September, 1974 and the 20th day of October, 1974, if the Parties
of the Second Part remain in possession on those dates.
The Parties of the Second Part shall be responsible for
all utilities consumed on the premises, for maintenance and repair
of the premises, and to keep said premises in good condition and to
continue the existing property and liability insurance on said
premises.
2.
The Parties of the Second Part shall not make any
assignment of the emoluments of this Agreement nor shall they
sublet any portion of the premises.
In the event it is deemed necessary by the Party of the
First Part to file a law suit in the appropriate Court of Law to
enforce any of the terms and conditions of this Agreement, or to
collect any monies or sums due hereunder, or to require the Parties
of the Second Part to perform any of the covenants or terms and
conditions as -provided herein, then the Parties of the Second Part
agree that they shall pay to the Party of the First Part reasonable
attorneys, fees.
5. This Agreement shall survive the Deed given by the
Parties of the Second Part to the Party of the First Part.
CITY OF MIAMI, FLORIDA, a Municipal Corp.
By:
ATTEST:
CITY CLERK
P. W. ANDREWS
CITY MANAGER
Witnesses: JOSEPH SLAPPY
KATHERINE SLAPPY