Reso 2019-2950 - Laserfiche WebLink

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NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein, and the sum of TEN AND N0/100 DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, do hereby agree as follows: 1. Purchase and Sale. Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, the Easement located on the Property which consists of approximately 2,400 square feet, more or less, situate, lying and being in the City of Sunny Isles Beach, County of Miami-Dade ("County"), State of Florida, together with all improvements thereon. 2. Grant of Easements. Subject to the conditions and stipulations set forth in the easement agreements to be executed by and between Purchaser and Seller, and for other good and valuable consideration set forth herein, Seller hereby grants Purchaser certain easements in, over, under, through and across the easement parcels legally described in Exhibit "A" (labeled "Permanent Easement Agreement"), Exhibit"B" (labeled"Easement Agreement for Landscape and Pedestrian Use"), Exhibit "C" (labeled "Utility Easement Agreement"), and Exhibit "D" (labeled "Temporary Construction Easement Agreement") respectively for pedestrian use, landscaping, installation of utilities and to construct a pedestrian bridge on 174`h Street and Collins Avenue (a/k/a Florida State Road A1A) to connect the west and east sides of Collins Avenue. Purchaser shall be solely responsible, at Purchaser's cost and expense, for all maintenance and upkeep of the Property and the areas affected by, and comprising,the easement agreements described herein. This paragraph shall survive closing on the purchase of the Easement. 3. Purchase Price. The purchase price ("Purchase Price") to be paid at the Closing, as hereinafter defined, by Purchaser to Seller for the Easement and the related easements shall be the sum of ONE MILLION FIFTY THOUSAND DOLLARS t and adjustments as 1 050 000.00 . The Purchase Price is subject to ( $ ) Jcredits, prorations, J provided in this Agreement. 4. Security/Retaining Wall and Landscaping. As a result of a portion of the existing security/retaining wall being located within the Property which is subject to the Easement, Purchaser agrees to construct, at Purchaser's sole cost and expense, a new security/retaining wall along the property line surrounding the Property to reconnect the security/retaining wall that surrounds Seller's property which is not encumbered by the Easement. The new wall shall be painted to match the remaining wall to which it is being connected, and Purchaser shall replace any landscaping removed, damaged, or destroyed as a result of the construction. Seller hereby grants to Purchaser a license to enter Seller's property, at Purchaser's sole risk, to construct the new wall. Once the new wall is constructed, Purchaser shall have no further responsibility regarding the new security/retaining wall except to responsible the extent that the wall is deficiently constructed in which event Purchaser shall be res p to repair same. Notwithstanding the foregoing, Purchaser shall be responsible for maintaining the side of the new security/retaining wall that faces and surrounds the Property where the Easement is located. This paragraph shall survive closing. Page 2 of 8