Loading...
Resolution 4923 1 RESOLUTION NO. 4923 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the following form of instrument, to-wit: THE CITY OF MIAMI BEACH, FLORIDA to MIAMI BEACH BAY SHORE COMPANY OoO THIS INSTRUMENT, made and executed, in duplicate, the day of , 1940, by the CITY OF MIAMI BEACH, a municipal corporation in Dade County, Florida, hereinafter called "said City, " to MIAMI BEACH HAY SHORE COMPANY, a corporation organized and existing under the laws of the State of Florida, hereinafter called "said Company. " 1. WHEREAS, for the purpose of securing a suitable site at Miami Beach, Florida, for the United States Coast Guard, a proposal has been made to exchange that certain tract of land at Miami Beach, Florida, belonging to the United States of America, known as the "Coast Guard House of Refuge Property" (commonly called "Surfside .'ark" ) , for a tract of submerged land (hereinafter called "said tract of submered land" ) containing about 17. 52 acres, situate in Miami beach, Florida, belonging to the Miami Beach Bay Shore Company, together with a right-of-way thereto over a small tract of land adjoining said tract of submerged land; 2. AND WHEREAS, said tract of submerged land will have to be bulkheaded and filled and a certain area of water adjacent thereto dredged to a greater depth before the United States of America will exchange said "Surfside Park" for said tract of submerged land and right-of-way thereto; 3 AND WHEREAS, as means to the end of bulkheading and filling said tract of submerged land and dredging a certain water area adjacent thereto so as to make said tract of land, now submerged, acceptable to the United States of America in exchange for said "Surfside Park, " the following parties, respectively, have made the following offers, re- spectively, towit: (a) The City of Miami teach has offered to purchase, for a consideration of 025,000, said 'Surfside Park, " and pay said sum to the Paul Smith Construction Company, a Florida corporation. (b ) The Paul smith Construction Company has offered to perform the work of bulkheading, filling and dredging said tract of submerged land to meet the requirements of tree Unites States of America. (c) The Miami beach Bay Shore Company, a Florida corporation, has offered to convey said tract of submerged land, tog$ther with a right-of-way thereto over said small tract of land adjoining said tract of submerged land, to the United states of America, as a site for the United States Coast Guard, for a consideration of 415,000 (which consideration said Paul Smith Construction Company has offered to pay ) and the ferryboat terminal rights and privileges hereinafter mentioned (which said City of Miami Beach has offered to furnish). r- 4. NOW, THEREFORE, WITNESSETH, that for divers good and valuable consideration, said City hereby gives, subject to the conditions hereinafter set forth, to said Company, and its assigns, the right to use, for a -period of thirty (30) years from date hereof, the foot of Biscayne Street in said City for the purpose of a ferryboat terminal, together with the right to construct at said place necessary facilities therefor, including; a dock or slip (at the option of said Company) of sufficient dimensions to accommodate the landing and departure of ferryboats at and from said place; subject, however, to the right of said City to make and promulgate reasonable rules and regulations (consistent with the reasonable use by said Company of said facilities) for the use of said foot of Biscayne street by said Company and the general public; and subject, further, to the right of said City, at any time, to cancel the rights hereby given to said Company and to take over any terminal facilities constructed at said foot of Biscayne street by said Company, or its assigns, at cost less depreciation, in the event said City shall determine, in good faith, to operate an adequate ferry service for an indefinite length of time on reasonable schedules to meet the public convenience from said foot of Biscayne Street to and from harbor Terminal Island, sometimes called Fisher's Island, in said City. 5. The phrase "foot of Biscayne Street, " as used in this instrument, means the western end of said street where it adjoins Biscayne Bay in said City. 6. This instrument is executed and delivered to said Company on the express condition that said. Company, or its assigns, shall, within ten years from the date hereof, con— struct a ferryboat terminal at said foot of Biscayne Street, and operate a ferry service to and from said point. 7. This instrument shall be effective only in the event said City shall acquire said "Surfside Park" hereinabove men- tioned. 8. IN WITNESS WHEREOF, the said CITY OF MIAMI BEACH has caused this instrument to be signed by its Mayor, and at— tested by its City Clerk, and its corporate seal to be af— fixed, this — day of , 1940. CITY OF MIAMI BEACH, DADE COUNTY, Signed, sealed and FLORIDA, delivered in the presence of: By Its Mayor ATTEST: By Its City Clerk STATE OF FLORIDA, COUNTY OF DADE: I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments of deeds, JOHN H. LEVI, as Mayor of the City of Miami Beach, Florida, and C. W. TOMLINSON, as Clerk of said City, to me personally known to be the persons who signed the foregoing instrument as Mayor and Clerk of said City, re— spectively, for and on behalf of said City, and acknowledged before me that they executed the foregoing instrument as Mayor and Clerk of said City, respectively, for the uses and purposes therein expressed, under authority vested in them by law, and under authority expressly given by resolution of the City Council of the City of j°iiami Beach, Dade County, Florida, passed at a meeting of said Council held in the City of Miami Beach, Florida, on the day of , 1940, and that said City caused its corporate seal to be affixed thereto, and that saidrinstrument is s theFlorida.nd deed of said ity of Miami Beach, y, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at , said County and State, this ` day of , 1940. IZT. t C PUBLIC, State of Florida at Large. My Commission expires: be and the same is hereby approved and confirmed, and BE IT FURTHER RESOLVED BY SAID CITY COUNCIL OF THE SAID CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized and directed to execute said instrument for and in behalf of 'Lie City of Miami Beach, Florida.. PASSED AND ADOPTED this 26th day of July, A. , - 140. 1„:,,7 NG YsR ATTEST: Oir CITY CLERK t*mow) E+ 1`1 H i11 C� O d Pa • E4 z d' E4 w A O o ki PI o rzo ca a� zww tA P4 E-4 . O aa`larm.