Reso 2014-2296 - Laserfiche WebLink

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SV yiNy IS�FS _, 4 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT OF PURCHASE AND SALE ( "Ageement ") is made and entered into this 44' " day of , 2014 by and between THE PLAZA OF THE AMERICAS CLUB INC., a Florida corporation ( "Seller ") and THE CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation organized under the laws of the State of Florida ( "Purchaser "). WITNESSETH: WHEREAS, Seller is the master association for the condominium development called Plaza of the Americas and is the fee simple owner of the Property (hereinafter defined); and WHEREAS, the Purchaser seeks to acquire the fee simple title and interest in the Property for its Pedestrian Overpass Bridge for the Gateway Park ("Project")- WHEREAS, Purchaser, by adoption of Resolution 2014 -2199 has authorized the use of its eminent domain powers to acquire the Property and has initiated the process to condemn the Property, pursuant to Chapter 73, Florida Statutes; WHEREAS, Seller desires to sell the Property to Purchaser under the threat of condemnation, and Purchaser desires to purchase the Property from Seller under the threat of condemnation, in accordance with and subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein, and the sum of TEN AND NO /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, that real property consisting of approximately 2,604 square feet, more or less, from the condominium development commonly called the Plaza of the Americas, situate, lying and being in the City of Sunny Isles Beach, County of Miami -Dade ( "Co_ unty "), State of Florida, and of which the legal description is set forth in Exhibit "A" attached hereto and made a part hereof ('Property ") in fee simple, together with all improvements thereon. 2. Purchase Price. The purchase price ( "Purchase Price ") to be paid at the Closing by Purchaser to Seller for the Property shall be the sum of THREE HUNDRED SEVENTY - TWO THOUSAND DOLLARS ($372,000.00). The Purchase Price represents full settlement of Seller's claims for full compensation for the taking, including the value of the land and improvements taken and severance damages, if any, to the land, exclusive of attorney's fees, expert fees, and costs. 3. Fees and Costs. Purchaser shall pay at Closing to Seller the sum of FIVE THOUSAND TWO HUNDRED DOLLARS ($5,200) as reasonable expert costs pursuant to PageIofl0