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Reso 2009-1478
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Reso 2009-1478
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Last modified
7/7/2015 11:06:24 AM
Creation date
9/22/2009 9:41:14 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1478
Date (mm/dd/yyyy)
09/17/2009
Description
Reso/Ratify Agmt for Purchase & Sale Real Property, 16200 Collins Ave. (Plaza Isles)
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<br />16. Leasehold Interest. <br /> <br />(a) The City agrees to accept the property as is with the current leases. Upon <br />execution of this Agreement by Seller, Seller shall provide copies of current leases and the rent <br />roll to the City. Seller shall not enter into any new leases or modify any existing leases without <br />the consent of the Purchaser. <br /> <br />( b) The Purchaser and the Seller acknowledge that there is a lease agreement <br />with a retail store commonly known as 7/11. The Purchaser and Seller further acknowledge that <br />there are three (3) other leases on the property. The leases are with Miami Juice, Corp., El <br />Megachuzo Restaurant, and Turnberry Associates and such leases shall expire no later than <br />August 31, 2011 except one of the lessees may exercise a onetime three (3) year option upon <br />expiration of the leases. The Property will be delivered to the Purchaser as is except that the <br />Seller shall terminate at its own expense the lease agreement with 7/11 immediately after <br />execution of the Purchase and Sale Agreement by the Purchaser. The Purchase and Sale <br />Agreement is null and void if the 7/11 lease agreement is not terminated by Seller in accordance <br />with the terms herein. The Seller shall provide copies of leases to the Purchaser within forty- <br />eight (48) hours of execution of the Agreement. <br /> <br />17. Miscellaneous. <br /> <br />(a) This Agreement shall be construed and governed in accordance with laws <br />of the State of Florida and in the event of any litigation hereunder, the venue for any such <br />litigation, shall be in Miami-Dade County. All of the parties to this Agreement have participated <br />fully in the negotiation and preparation hereof and, accordingly, this Agreement shall not be <br />more strictly construed against anyone of the parties hereto. <br /> <br />(b) In the event any provision of this Agreement is determined by appropriate <br />judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal <br />meaning or reconstrued as such authority determines, and the remainder of this Agreement shall <br />be construed to be in full force and effect. <br /> <br />(c) In the event of any litigation between the parties under this Agreement, the <br />prevailing party shall be entitled to all reasonable attorneys fees and costs through all trial and <br />appellate levels. The provisions of this subparagraph shall survive the Closing and any <br />termination or cancellation of this Agreement. <br /> <br />(d) In construing this Agreement, the singular shall be deemed to include the <br />plural, the plural shall be deemed to include the singular and the use of any gender shall include <br />every other gender and all captions and paragraph headings shall be discarded. <br /> <br />(e) <br />of this Agreement. <br /> <br />All of the Exhibits to this Agreement are incorporated in and made a part <br /> <br />(f) This Agreement constitutes the entire agreement between the parties for <br />the sale and purchase of the Property, and supersedes any other agreement or understanding of <br />the parties with respect to the matters herein contained. This Agreement may not be changed, <br />Agreement of Purchase and Sale 16200 Collins Ave. 10 <br />
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