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BOOK 3867 PAGE 257
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day of January 1949, and
VffiEREAS, by quitclaim deed
recorded the srone date in the public records of Dade County, Florida in
Deed Book 3096, Pages 2 to 16, inclusive, by and between the United States'
of America, acting by and through the War Assets Administrator, as grantor,
and the City of Miami Beach, acting b~r and through its mayor and council,
as grantee, there .was conveyed to the City of Miami Beach certain property
in Dade .County, Florida and more particularly described in said quitclaim
deed and known as the Nautilus Veterans'A~ninistration Hospital, including
an island in Biscayne Bay, knoivn as Collins Island; and
. YmERf~AS, the said instrument of conveyance contained certain condi-
tions and restrictions, as more fully set forth therein, by which the use
of the property was restricted for certain hospital purposes by the grantee;
and
\~EREAS, Condition 8 of said quitclaim deed originally provided that
the grantee therein would complete plans and specifications and would re-
quest bids for the construction of certain additional hospital facilities
on said Collins Island within 18 months from the date of said deed; and by
letter from the War Assets Amnnistrator dated May 18, 1949, the said period
of time within which the City was to take such action to constr'uct such
additional hospital facilities on Collins Island was extended from 18 n~nths
to 5 years from the date of said instrument; and
VffiEREAS, by Resolution Number 8496, dated August 26, 1953, the
City of Miami Beach, has requested of the United States that the said
period of time within which the plans and specifications and request for
bids for the construction of such additional hospital facilities on that
portion of the property knovm as Collins Island be extended for a further
period of 36 months beyond the present extended period terminating
January 3, 1954, .so that the period will be thereby extended to January 3,
1957; and
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BOOK3867' PAGE258
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'WHEREAS, it is the purpose and intent to extend corre spondin gly for
a period of 36 months the right rQserved to the United States in the said
deed of re-entering and effecting forfeiture and reverter of title in the
event of breach of conditions by the grantee; and
WHEREAS, notice of the proposed action has.been given to the Adminis-
trator of General Services and he has not, within 30 days thereof, disap-
proved of such action; and
WHEREAS, it is the purpose and intent of the parties hereto tojame!1d
the aforementioned quitclaim deed to effectuate the extensions in above-
mentioned deed.
NOW THEREFORE, this Indenture made thislS-eLday of/~ /?$"~
by and between the United States of America, acting by and through the
Secretary of Health, Education, and Welfare, by W. T. Frazier, Chief,
Surplus' Property Utilization Division, under and pursuant to the pow0rs
and authority contained in the provisions of the Federal Property and
Administrative Services Act of 1949, as amended, (63 Stat. 377) and
Heorganization Plan No.1 of 1953 and Public Law 13, 83rd Cong., Approved
April 1, 1953, Party of the First Part and the City of Miami Beach, a
municipal corporation existing under the laws of the State of Florida,
acting by and through its Mayor and City Council, Party of the Second Part.
WITNESSETH:
That the ~rty of the First Part for and in consideration of the
observance and performance of the covenants, conditions, restrictions and
reservations hereinafter contained and other good and valuable consideration
receipt of which is hereby acknowledged, has remised, released and forever
quitclaimed, and b.1 these presents does hereby remise, release and forever
quitclaim unto the Party of the Second Part, its successors and assigns
forever, all the right, title, interQst, claim and demand which the Party
of the First Part has in and to the following described real property, to-wit:
All those tracts or parcels of land lying and being in Dade
County, Florida, and more particularly described as follows:
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BOOK 3867 PAGE 259
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Lot number 41 of Block number 1, Lot number 11 of Block number 6
and :Lot number 1 of Block number 7 of Nautilus Subdivision of the
Miami Beach Bay Shore Company as the same are shown, marked and
designated on the plat of said subdivision recorded in Plat Book
8, page 95 in the office of the Clerk of the Circuit Court of
Dade County, FLorida, which property is more particularly described
in the aforementioned quitclaim deed dated January 3, 1949 between
the United States of America, acting by and through the War Assets
Administrator as Party of the First Part, and the City of Miami
Beach, acting by and through its Mayor and Council, Party of the
Second Part, which description by metes and bounds is hereby
incorporated by reference thereto as if fully set forth herein.
Also an island in BiscaJ'Tle Bay known as Collins Island situated
in Government Lot 4, Fractional Section 22, and Government l.ot 1,
Fractional Section 27, Township 53 South, Range 42 East, City
of !fiarni Beach, Dade County, Florida, and more particularly described
in the aforementioned quitclaim deed, which description by m$tes
and bounds is hereby incorporated by reference thereto as if fully
set forth herein.
Also an island in Biscayne Bay, known as Johns Island, situated
in Government bot 4, Fractional Section 22, Township 53 South,
. Range 42 East, City of Miami Beach, Dade County, Florida, more
particularly described in said aforementioned deed which des-
cription by metes and bounds is incorporated herein by reference
thereto as if fully set forth herein; all of which tracts are
delineated upon a map attached hereto and made a part hereof,
together with all riparian rightB and water privileges appertaining
to the above described property,and all right, title and interest
in and to the bridges to Johns and Collins Islands in Biscayne
Bay and the streets or right-of-ways within or adjacent to said
land which are now owned by the grantor, subject to easements of
record, together with the Nautilus Hotel, cottages, buildings,
improvements and docks, now situated thereon, also all machinery,
equipment, fixtures, furniture and furnishings of every kind and
description, and all'other personal property appertaining thereto
and contained in the buildings upon ths premises above described.
Certain described submerged land, situate, lying and being
in the County of Dade, State of Florida, more particularly
described in the aforementioned ,quitclaim deed, which descrip-
tion by motes and bounds is incorporated herein by reference
thereto as if fully set forth herein.
Containing twenty-one and five tenths (21.5) more or less,
together with full rip~rian rights, except that certain part
thereof conveyed on March 9, 1923 by that certain indenture
of the Miami Beach Bay Shore Company, a corporation, to Bay
Shore Corporation, as appears of record in Deed Book 340,
page 45, public official records of Dade County, FLorida.
Together with all utilities, including but not limited to water, sewage,
electrical distribution system and communication system.
Being the same property acquired by the United States of America
by deed dated December 29, 1942, from Bay Shore Corporation to United
States of America, said deed being recorded in Book 2262, Page 462 of
BOOK 3867 PAGE 260
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the public records of Dade County, Florida, and a deed dated December 21,
1942 from Miami Beach Bay Shore Company recorded in Book 2277~ Page 155
of the public records of Dade County, Floridae
This property is conveyed subject to all outstanding rights of
third parties of recorde
Excepting, however, from this conveyance and reserving to the
Party of the First Part, in accordance with Executive Order 9908, approved
on December 5) 1947 (12 FoRo 8225), all uranium, thorium, and all other
nmterials determined pursuant to Section 5 (b) (1) of the Atomic Energy
Act of 1946 (60 State 761), to be pecularly essential to the production
.of fissionable material~ contained, in whatever concentration, in deposits
in the lands covered by this instrument which are hereby reserved for the
use of the United States, together with the right of the United States
through its authorized agents or representatives at any time to enter
upon the land and prospect for, mine and remove the same, making just
compensation for any damage or injury occasioned thereby. However,
such land may be used, and any rights otherwise acquired by this
disposition may b. exercised, as if no reservation of such materials
had been made; except that, when such use results in the extraction
of any such material from the land in quantiti~s which may not be trans-
ferred or delivered without a license under the Atomic Energy Act of
1946, as it now exists or may hereafter be amended, such materials shall
be the property of the United States Atomic Energy Commission, and the
Commission may requirt delivery of such material to it by any possessor
thereof after such material has be$n separated as such from the ores
in which it was contained. If the Commission requir~s the delivery of
such material to ita it shall pay to the prirson mining or extracting
the same, or to such other person as the Commission determines to be
entitled thereto, such sums, including profits, as the Commission
deems fair and reasonable for the discovery, mining, development,
production, extraction, and other services performed with resp~ct to such
BOOK3867 PAGE261
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material prior to such delivery, but such payment shall not include any
amount on account of the value of such material. befor~ removal from its
place of deposit in naturea If the Commi!sion does not require delivery
of such material to it, the reservation hersby made shall be of no
further force or effect.
Said property was duly declared surplus and was assigned to the
War Assets Administrator for disposal, acting pursuant to Executive Order
9689, and the prov.l..sions of the Surplus Property Act of 1944, as amended,
and applicable rul~s, regulations and orders.
TO HAVE Ju'lD TO HOLD the same, together with all and singular, the
appurtenances thereunto belonging or in any wise appertaining, and all
the estate, right, title, interest and claim whatsoever of the Party of
the First Part, either in law or i~ equity, to the only proper use,
benefit and behoof of the Party of the Second Part, its successors and
assigns, forever;
PROVIDED, HOWEVER, that this conveyance is made and accepted upon
each of the following conditions which shall be binding upon the said
Party of the Second Part, its successors and assigns, and each of them:
(1) That for a period of eight$en (18) years from the date of
this instrument the Party of the Second Part shall use the said
property hereby conveyed for the purposes of developing and operating
at the earliest possible date a gen~ral hospital clinic and research.
center and fOT incidental purposes pertaining thereto, as set forth
in its application dated July 21, 1948, and thereafter amended, and
also as set forth in the proposed memorandum of agreement between the
Mt. Sinai Hospital of Greater Miami, Inc., and Party of the Second Part,
which was adopted by a resolution No. 6680 of the Mayor and Council of
the City of Miami Beach dated November 17, 1948.
(2) That for a period of eighteen (18) years from the date of this
instrument the Party of the Second Part will submit to the Secretary of
Health, Education, and Welfare, or her successor in function semi-annual
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BOOK 3867 PAGE262
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reports and other pertinent data establishing the continuous use of said
property in accordance 'wi th approved program and terms and conditions of
this transfer"
(5) That the Party of the Second Part will in no case resell the
said premises vdthin eighteen (18) years from the date hereof without
fi.rst obtaining the written authorization of the Secretary of Health,
Education~ and Welfare, or her successor in function to such resale.
(4) That the Party of the Second Part agrees for itself~ and
its successors and assigns, that the United States of America shall
have ths right during the existence of any emergency declared by the
President of the United States or the Congress thereof, to the full un-
restricted possession$ control and use of the premises or any part thereof,
including any additions or improvements thereto made subsequent to such
conveyance, without chargej except that the United States shall be res-
ponsible during the period of, such use if occurring prior to eighteen (18)
y~ars from the date of this conveyance, for the entire cost of maintaining
the prem~ises or any portion thereof so ~sed, and shall pay a fair rental
for the use of any installations and structures which have been added
thereto without federal aid, provided, however, that if such use is
required after eighteen (18) years from the date hereof, the United States
shall pay a fair rental for the entire portion so usedo
(5) During the said eighteen (18) year period the Party of the
Second Part shall have the right to replace temporar,y structures and
improvements and obsolete permanent and other structures and improve-
ments on the demised premises at the date h~reof luth other structures
and improvements to be used for the same purposes as set forth in
Paragraph (1) above.
(6) That the Party of the Second Part agrees for itself, its
successors and assigns, that in its use of the property for the purposes
set forth in Paragraph (1) above it shall not restrict said use so as
to discrinunate against anyone because of race, color, creed or national
BOOK 386'7 PAGE 263
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origin.
(7) That the Party of the Second Part agrees for itself, its
successors and assigns, that necessaIJT architects, engineers and other
necessary experts shall be engaged within thirty (30) days of this
instrument to prepare plans and specifications for a new 300-bed hospital
building on that.portion of the property herein conveyed known as
Collins Island, and that on or before January 3, 1957, plans and
specifications will be completed and bids requested for the construc-
tion of at least two (2) stories thereof with a minimum capacity of
120 beds and said hospital building shall be built, completed and placed
into operation without undue delay.
(8) 'that the Party of the Second Part agrees for itself, its
successors and assigns, tha.t any contract for the operation of this
hospital or any hospital constructed on the property herein conveyed
by an agent or contractor used for and on behalf of the Party of the
Second Part shall be in full compliance with all the present existing
laws, ordinances and regulations of the City of Miami Beach and State
of Florida or of the United States of America, and in no event shall
such contract operator be permitted to operate the hospital in viola-
tion of the terms and conditions of this transfer or in any manner
which will not meet the requirements of a general hospital available
to the public or in any manner which would discriminate against anyone
because of race, color, creed or national origin.
(9) That in the event the Party of the Second Part, its successors
o~ assigns, does not comply with any of the conditions set forth in this
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800\\3867 PAGE264:
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instrument during said eight~en (lS) years, whether caused by the legal
inability of the said Party of the Second Part, its successors or assigns,
to perform any of ths obligat~ons herein Bet forth or otherwise, all right,
title, and interest in and to the demised premises shall at the option of
the Party of the First Part revert to and become the property of the
United States of Am~rica which shall have an immediate right of entr,y upon
the premises and the Party of the Second Part, its successors and aS5igns,
shall f~rfeit all right, title and interest in said premises and in any and
all the tenements, hereditaments and appurtenances thereunto belonging,
provided, how~ver, that the failure of the ~rty of the First Part to
insist in anyone or more instances upon compl~te performance of any of the
said conditions shall not be construed as a waiver or a relinquishment of
the future performance of any such conditions by the Party of the Second
Part and the Party of the Second Partls obligations with respect to such
future psrformance shall continue in full force and effect, provided,
further that in the event the Party of the First Part fails to exercise
its option to re-enter the premises for any such breach of said condi-
tions within nineteen (19) years from the date of this deed, all the
conditions set forth in Paragraphs 1, 2, 3, 5, 6, 7, and S,hereof
togeth~r with all rights of the Party of the First Part to re-enter as in
this paragraph provided shall as of that date terrrunate and be extinguished.
IN VITTNESS VffiEREOF, the Party of the First Part has caused these
presents to be executed as of the day and year first above written.
WITNESSES:
UNITED STATES OF AMERICA
Acting by and through the
Secretary of Health, Education
I~
and Welfare
By:
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w. To Frazier
Chief, Surplus Pro
Division
The foregoing instrument, together with all of the covenants,
BOOK3867 PAGE265
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conditions, restrictions and reservations, is hereby accepted.
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4..,J~;WITNESSES': ~
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CITY OF MIAMI BEArn, FLORIDA
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Mayor-P'" V
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City of Washington )
) ss:
District of Columbia )
I,
Florence D. Riordan
, a notary public for the District
of Columbia, do hereby certify that before me personally.came
W. T. Frazier
, with whom I am personally acquainted,
being by me duly sworn, who says that he is the Chief J Division of Surplus
Property Utilization, Department of Health, Education, and Welfare, and
he did acknowledge that he did sign and deliver the foregoing rel~ase
for the purposes therein named and expressed.
.s . r\ ) IN WITNESS WHEREOF, I h8ve hereunto
,,' Co \.1. t.fU
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J . .,.' seal tf.ifs,
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set my hand and official
15th
d~y of
December
, 1955.
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\)i>r<lm\:lc\ lif, l::l~H
~W Commission ExpIres .
III .,
STA'IE OF fl,ORIDA
COUNTY OF DADE:
I, an officer authorized to take acknowledgments of deed according
to the laws of the State of Florida,
CERrIFY that -trMJA/ sL~
duly qualified and acting, HEREBY
and 1< tAl WI. L. J fJ J, 11 s:tn., ,
BOOK 3867 PAGE 266
- 10 -
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respectively Mayor andADity Clerk of the City of Miami Bsach, Florida,
to me personally kno,vn, this day acknowledged before me that they executed
the foregoing agreement as such officers of The City of Miami Beach and
that they affixed thereto the official seal of said corporation; and I
FURTHER CERl'IFY that I lmow the said persons making said acknowledgments
to be the individuals described in and who executed the said agreement.
IN WITNESS 'WHEREOF, I hereunto set my hand and official seal. at
Miami Beach, said County and State, this ~day of JQA.I-1IIAfJ '
A. Do 5"'1
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State of Florida, County of Dade,
ThIS l:Jslrumen1 '.vas filed tor record the...../J..day ~
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