Resolution 4910 RESOLUTION NO. 4910
WHEREAS, there has been presented to the City Council of the
City of Miami Beach, Florida, copy of letter signed by Claude A.
Renshaw, City Manager of said City, dated June 18th, 1940, addressed
to Mr. Albert Bernstein, Attorney for Rita Geist , owner of the here-
- inafter described property; and
WHEREAS, there has also been presented to the said City
Council a letter dated June 18th, 1940, addressed to the City
Council of the City of Miami Beach, signed by the said Rita Geist,
wherein and whereby the said Rita Geist offers to sell to the City
of Miami Beach, for the sum of $75/000.00, Lots 2, 3, 4 and 5 of
Block 112, Ocean Beach Addition No. 4, according to the terms and
conditions set forth in said letter, copy of both of which letters
follow:
"June 18, 1940
Mr. Albert Bernstein
Attorney for Mrs. Rita Geist
Miami, Florida
Dear Mr. Bernstein:
I have been authorized by the City Council
to offer $751000.00 for Lots 2, 3, 4 and 5 of Block 112,
Ocean Beach Addition No. 4, known as the Hardie Casino
property, located on Ocean Drive between First Street and
Biscayne Street.
This purch .se is to be made on the terms
of $10,000.00 cash, the balance to be evidenced by a
mortgage and four notes payable in one, two, three and
four years with interest at the rate of 4% per annum
one note of $15 ,000.00 to be payable September 1, 1941 ,
one of $15,000.00 to be payable September 1, 1942, one
of $15,000.00 to be payable September 1, 1943 and one
for $20,000.00 payable September 1, 194 . This offer
is made subject to the provisions of our City L'harter per—
taining to the purchase of property.
Should your client accept this proposal,
the city agrees to find a purchaser for the notes at par
endorsed by your client without recourse. Taxes and in—
surance premiums are to be prorated as of the date of tak—
ing title.
Yours very truly,
(Signed) Claude A. Renshaw,
CAR:ecd City Manager"
-v
"June 18, 1940
Miami, Florida
City Council
City of Miami Beach
Florida
Gentlemen:
I have the letter of your City Manager dated
June 18, 1940 stating that he had been authorized by the Coun-
cil to offer $751000.00 for Lots 2, 3, 4 and 5 of Block 112,
Ocean Beach No. 4, known as the Hardie Casino property, located
on Ocean Drive between First Street and Biscayne Street.
Please be advised that it is agreeable to me to sell
said property for said sum.
In connection with the closing of said transaction,
the following constitutes our understanding:
1. I am to receive the entire purchase price of $75,000,
subject to prorations at the time of closing, and unless
I do receive said full sum in cash, I shall have the
option to cancel our agreement and to refuse to sell the
property to you.
2. You shall have one week from the date of this letter
to accept this proposition, and the closing shall take
place within forty-five days after your acceptance. With-
in twenty-five days after your acceptance, I shall furnish
to you an abstract brought up to date at my expense show-
ing that I own said property. The transfer of title shall
be by warranty deed conveying a marketable title to you.
3. There shall be conveyed to you the above described
real estate and the buildings thereon but no personal
property and no removable trade fixtures.
4. Taxes and all insurance premiums shall be prorated
as of the date that you take title, and the insurance pre-
miums shall be prorated in the usual way on the basis that
all insurance policies would continue in force until
their expiration.
5. You are to purchase the property subject to all exist-
ing leases, as hereinafter set forth, and I shall assign
said leases to you at the time of the closing. Said leases
or copies thereof are herewith submitted to yuu. Any rents
or any sums of money by way of rent security, advance rents
or other sums which have already been paid by the tenants
shall be retained by me, and I shall have the right to
collect all rents which become due under the leases up
until the time that title is transferred, but all rents
becoming due and payable after title is transferred to
you shall be collected and retained by you. The outstanding
leases on said property are the following:
(a) Lease to Sam Gerber covering No. 53 and No. 55 Ocean
Drive, expiring March 31 , 1942, calling for rents at the
rate of $835.00 per year.
(b) Lease to Warren Murray covering the Arena and the
gymnasium, which gymnasium covers the space over No. 45
Ocean Drive and concessions Nos. 2 and 4 of said Hardiets
Casino building, which lease expires on June 1, 1941, but
which gives the tenant the right to renew for two additional
years, but which lease provides that it may be terminated
after the first year upon the sale of the property by giving
sixty days notice in writing. This lease is on a percentage
basis with a guarantee of $225.00 per month,
I
(c) Lease to Samuel N. Gerber covering No. 45 Ocean
Drive beginning July 1, 1940 and ending a year thereafter
with the same priviledge to renew for two years and the
same right of cancellation after one year on sixty days
notice as is contained in the arena lease. The rent"is
$850.00 per year.
(d) At the present time a bus company has a small station
in the Hardie Casino building, but this company has no
lease, is not paying any rent and does not have the right
to remain there for any period of time, being merely a
tenant at sufferance.
6. The title shall be taken subject to restrictions, reserva—
cions and limitations, if any, appearing of record and sub—
ject to any existing zoning ordinances.
Yours very truly,
(Signed) Rita Geist"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA, that the offer of purchase made in the said
letter of Claude A. Renshaw, City Manager, and offer of sale made in
the said letter of Rita Geist, be and the same are hereby accepted
and constitute a contract of purchase by said City and sale by said
owner of the hereinbefore described premises, subject to the provisions
of Section 26 of the City Charter of said City, subject to the approval
of title thereof by the City Attorney and subject to the usual prorations
of taxes, insurance and municipal liens, if any, and that the Mayor
and City Clerk be and they are hereby authorized and directed to exe-
cute such instruments as may be necessary to carry out the purpose of
this resolution.
PASSED AND ADOPTED this 19th day of June, A. D. , 1940.
• _ -
C_ ayor
City Clerk
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