Consent Instrument
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CONSENT INSTRUMENT
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WHEREAS, by quitclaim deed dated the 3rd day of Januaryp 1949, and
recorded the same date in the public records of Dade COl.Ulty, Florida in Deed
Book 3096, pages 2 to 16, inclusive, between the United States of .AlIlerica,
acting by and through the War Assets Administrator as grantor J) and the City of
Miami Beach, acting by and through its Mayor and Council, (hereinafter referred
["
to as the City), there was conv~ed to the City certain property in Dade
COl.Ulty, Florida, more particularly described in said quitclaim deed and known
as the Nautilus Veterans Administration Hospital, including islands in Biscayne
Bay known as Collins Island and Johns Island; and
WHEREAS, by amended deed dated the 15th day of December, 1953 recorded
on the 13th day of January, 1954 in Deed Book 3867, page 257, an extension of
time was effected within which the City was to have performed certain conditions
as more fully set forth therein; and
WHEREAS, the aforementioned quitclaim deed was made in consideration,
in pertinent part.ll of the agreement of the City to accept and fulfill all the
terms and conditions contained in the said quitclaim deed and the City re-
ceived a public benefit a110rlance of one hl.Uldred per centum (100%) of the fair
val ue of the said premises and property by reason of the use to which said
premises and property were to be devoted; and
WHEREAS, the aforesaid quitclaim deed contained certain conditionsp
reservations and restrictions, binding upon the City, its successors or assignB;
including a prohibition against the sale, lease or other disposal of the
property thereby conveyed or transferred without first obtaining the written
authorization of the War Assets Administration or its successor in fl.Ulction,
to such sale" lease or other disposal; and
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WHEREAS 9 the aforementioned quitclaim deed was executed and delivered
upon the understanding and containing the express provision that the City
would utilize the property thereby' conveyed in accordance with its application
dated July 21~ 1948 and as thereafter ~ended.ll and also in accordance with that
certain memorandum of agreement entered into by and between the City and
the Mt. Sinai Hospital of Greater Miami.ll Inc. (hereinafter referred to as
Mt. Sinai Hospital.l1 under which said agreement~ inter ali~Mto Sinai. Hospital
was granteQ an irrevocable option to purchase not sooner than 20 years.l1 nor
later than 25 years from the date of the aforementioned quitclaim deed... the
property together with all improvements.l1 appurtenances.ll and personal property
upon the payment of the sum of $1>>400,9000.11 receiving credit>> however>> against
such purchase price for all monies expended by Mt. Sinai Hospital for altera=
tions.!! repairs!) and for the construction and equipment of buildings and
permanent improvements placed thereon during its period of operation and
management under the said memorandum of agreement~ and
WHEREAS, the City is desirous!) pr~or to the expiration of the said 20
year paiod.ll of conveying and transferring to Mt. Sinai Hospital.ll in accordance
wi th the provisions of the resolution of the City Council duly adopted at a
regular meeting of the said Council on the 19th d~ of March.ll 1958" the premiS3s
and property described in the aforesaid quitclaim deed for the purpose of
enabling Mt. Sinai Hospital to continue therein the same public health purposes
for which the City acquired said property and premises and for no other purpose$)
and to enable Mt. Sinai Hospital to undertake the construction and the financing
of a nurses v training home on the aforementioned Johns Island; and
WHEREAS, the City and Mte Sinai Hospital have taken action to effectuate
the continumce by'Mt. Sinai Hospital on the aforesaid property of the public
heal th progr8lll and plan for which premises and property were acquired by the
City~ and
WHEREAS.\l the City has made application for the written consent of the
Secretary to the transfer and conveyance at this time of the aforesaid
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~rt;fLl065 P^GE 544
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property and premises to Mt. Sinai Hospital for the aforesaid purposeJ) and no
other purpose!) and in connection therewith, for the release of the City>> but
not the property or premises aforesaidJl from all of the covenants and conditions
set forth in the aforesaid quitclaim deed of January 3.11 1949 and amended deed
of December 15.11 1953; and
WHEREAS~ the Secretary.l1 acting by and through the undersigned>> has de=
termined that Mt. Sinai Hospital is an eligible public health institution
within the meaning of the Act>> that the above-described use of the said
premises by said Mto Sinai Hospital constitutes a public health use within the
meaning of the Act, and that the granting of the consent hereinbelow set forth
will carry out the purpose for which the said premises were conveyed to the
Ci ty and is in the public in terest ~ and
WHEREAS, notice of the action hereinbelow described has been given to
the General Services Administrator in accordance with the provisions of the Act
and he has advised that he will interpose no objection thereto~
NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt of which is hereby acknowledged!) the United
States of America.ll acting by and through the Secretary of Health>> Education!)
and Welfare by the Chief.ll Division of Surplus Property Utilization,\t under and
pursuant to the authority contained in the aforementioned Act hereby:!
. (1) Consents to the transfer and conveyance by the City to Mto Sinai
Hospital of the property and premises described in the aforesaid quitclaim
deed of January 3, 19499 for the purpose described in the provisions of the
aforesaid deed, application, and memorandum of agreements said transfer and
conv~ance, however" to be subject to all the covenants!) conditionstl restric=
tions and reservations set forth in the aforesaid quitclaim deed of January 3>>
1949.11 as amended by said amended deed dated December 15, 1953" such covenants~
conditions>> restrictions.') and reservationsJ) all to remain in full force and
effect as provided therein,
(2) Releases only the City but not the property or premises conveyed
by the aforesaid quitclaim deed of January 3.11 1949.11 nor aqy successor or
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assign of the said City from the covenants, conditions, restrictions" and
reservations set forth in the said quitc1aiJn deed of January 3, 1949, and said
amended deed of December 15, 1953.
IN WITNESS WHEREOF" the United States of America has caused these
presents to be executed in its name and on its behalf b.r the Secre.ar,y>> acting
b.r and through his duly authorized representative, who has hereunto affixed
his hand this 17th day of
April
, 1958.
UNITED STATES OF AMERICA
Acting . by and through the
SECRETARY OF HEALTH, EDUCATION.')
AND WEIF ARE
By a/r:-'Mc.~.. .;
Acting Chief, Division of Surplus
Propert,y Utilization
WITNESSFSg ,C)
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ACKNoo.EDGMENT
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DISTRICT OF COLUMBIA )
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CITY OF WASHINGTON
~ a Notary Public in and for the
District of Columbia.ll do hereby certify that on this~day of CI~~
1958~ before me appeared U. 1". j(-(L.<-T~.J.. ~ to me personally known
:1
and known to me to be the person who executed the foregoing CONSENT INSTRlJ...
MENT in the name of the United States of America and acknowledged the said
CONSENT INSTRUMENT to be the free act and deed of the United States of
America.
.- " Given under ~ hmd this /"7 day of
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>> 1958.
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Notary Public
My Commission EXpires ~h~~ fUr /ysc;
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State of Florida, County of Dade.
This Instrument was filed'for record the_~-L..__day of~_..
1958 a~:,_~~~:. M. and duly recorded in OffICIAL RECORDS
Book__L<?_~~.:::-on Pag~~~File # 58R-~~~~=-!.:~_____
E. B. LEATHERMAN
Clerk Circuit Court
By .~~_.___.._____D. C, -
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