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Resolution 5425 .‘L. • RESOLUTION NO. 5425 A RESOLUTION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTIVG THE OFFER OF AARON COURSHON AND ALBERT POLLAh,A PARTNERSHIP DOING BUSINESS AS BREAKWATER ENTERPRISES, IN MIAmI BEACH, FLORIDA, TO LEASE SUFFICIENT SPACE TO THE CITY OF MIAMI BEACH, FLORIDA, ON ThE SOUTH ONE-HALF (Si) OF LOT taVE (5) AND ALL OF LOTS SIX (6) AND SEVEN (7) OF BLOCK TWENTY-TWO (22) OF OCEAN BEACH ADDITION NO. 3 SuFFICiENT TO PARK FORTY- FOUR (44) AUTOMOBILES OF CITY OFFICIALS AND CITY EMPLOYEES, SAID LEASE TO BE FOR A TERM BEGINNING IN DECEMBER, A. D. , 1941 AND ENDING OCTOBER 31 , 1943, AT A TOTAL RENTAL OF SEVENTEEN HUNDRED (41,700.00) DOLLARS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That the offer of Aaron Courshon and Albert Pollak, a partnership doinc, business as Breakwater Enterprises, operators of a parking lot under a City of Miami Beach permit on the South one-half (Si) of Lot Five ( 5) and all of Lots Six (6) and Seven (7) in Block Twenty-two (22) , Ocean Beach No. 3, to lease to the City of Miami Beach, Florida, a sufficient portion of the above described property that forty- four (44) automobiles of City officials and City employees of the said. City, may be parked thereon, said lease to run from December of 1941 to October 31, 1943, for a total rental of Seventeen Hundred (A.700.00) Dollars, a copy of the proposed lease being attached to this Resolution, be and the same is hereby accepted. sECTiON 2: The proper City officials are hereby directed to sign and execute the original of said Lease for and in behalf of the City of Miami Beach, Florida. LLASS ,Aade and executed thie da 7 of * . D., 1V41, by and between and Aaiii,AT e441.4Aa, a partuersh4 dblk: ,.- stness under the name of BASA44ArA ,o,i'f.„LikrUato, of :4A,a-4 each, .'ade 71 rd*, hereinafter °ailed the Lessors, and the cio: a municipal corporation, hereinafter culled That in and for the consideration of 4eventeen Hundred ( l700.00) Dollars, 4ight undrod Pifty (0+350.00) , o114rs of which has been ai1 ani r:.!ceipt thereof is hereby aoknowIeked, he Lessors do l'.ereby covenant 0mM agree and by these presents /case unto the Lessee a (pertain portion of tha4 poiricing lot :a locateF.d on the : outh Aalf (31/9 of ;4‘ t and Lots 6 and 7, block 22, (mean Beach Additton #3, which area of said parking lot is suffictent to park fortpsfour (44) ears, for a period of approxt-ately two (2) roars commencing the date of the execution of thle agreemmat and termiaating October 31, 1‘43, at a total renal of Seventeen itu.O.red (41700.)0 ) Dollrs, receipt of iiighndr-d fifty (450.00) being hereinbefore aeknewleded, and the balance of the rent, to—wit2 4142t Ilundrod kitty (4E35000) '..1-o1lare due on or before Movember 1, l42, It is ander ,tood and agreed that the ht to park cars by toe City upon the portion of the parkliq lot hereinbefore deacribed Is 112,217,ed to the hours of 7 A.N. and 6 of sash respectve day and no cars shall be parked upon said premises prior to 7 A.M. after 0 k.-. of each respostive day. so" • It is unclerod and agreed that the ..oasors are then Lessees cf the entire premises under a lime' which ourrtes w.l.tt it a certain rovi f(,r the cacoliktton thereor, tuf0 in the event tY, .1,.e.serit lessor shall bO forced to terminate their said lease to said 0,enlia-s, .he ..tty m6ress to terminate tils lease and aocept a refual tha rent to be based and adjuated upon one-fifth or the rental bein ,%119 betwoon let and ,ve:.41-0er lst aad four..ViVths of the e betwoen poliember A't and i;,4y 1st each respectiv,leur. Zna sai(I cal, for the eancellution of said lease 6W0 honoin recited from the lease of the present lessor, to-wIti 'The said kessor 4411 nave the privilege cancellirk; this lease between' May lbt to liveAtier 1st of /each year during the term of this leas . If sty cq' the :Aqlowlv si0411. 1. That i the stoning orlinwIce be cilan8ed affectinj the propwity. . That 1r the Lessor or owner of the propa.,..ty should erect a bull,Thv or buillins uon any portion or 4.41.rt thereof. 3. That i the Lessor sball have to Oppotunity of entering into a long- term leae on the ircimists, ,r have G bona fide sale terefer, provided, toever. tit Leasr wrf,tr,en. notice to the Lossees of hiu latelltion tap cancel this .1.ease (30) da'is or mom i-Jitor to 1%e *t f such caneo13.ation". The lessee herein has submitted to th ics!iors tc,r thelr ' ant-ti a :;'(:;11y cC :4rployers Insurance Company, boston, Waasachasetts, in whic , the lessee is the Insured, covering the lessee's oars to be ar,,rd on . roma leased Le n. and also covertly ea ,* '7. ned by employees cf the3see. This said insurance ilalicy has been examined by the lc:lac:pa set : sfactory to the said lessrs as the cove-age damage done ly; z,LitombUes of tcnc lessee or its employee* to oth')r automobiles on the lessee's akin:: lot. . . It la understood. 4flo. #.16real. thut tlia suld PolcY IA In force and effect from jUno 1* -,141 to Juno 1* 15A2 an,i. t--..e 'lessee herin. mgros to socu. 74. aintior .,.. .011,,cy cover1h 1le,r matter tor the romElning. tern. of t'ois lease 'Icon, tha cf,r;',K--.,y.1ratio.o. or the 4. ove ..,'erlc.Irtted. olicT. The lessors asruo that they Will CAWKW an. endorsa... , meet tl,) be made to kolicy IT1,-.4A26406 or LatiLnal 4:,:asualty Coms;any covering public li4bIllty damo,, es nor the opcatton or said. .i)arkin . lot 40 that tb 11voes, herein 011411 bo covered by Said p001107 ann snail be insured, th.orouneo US the o lessor now 12. rho lessors also further areto have lik4. endorsements' 'made on any other insurance ourried by them cover... Inc ( ace to ii re, Ildb .or propvty necurrinc, in4 about or • . on the ',, remises. heroin leased or the operation or tne lessors' b401 ..04e thereon. Iti.s. rUrther agretd. that t t....,:1.6er for any offlelal* or employee or tbe. lessee to be entitled to useth,,e lessr's 1,arking lot under this sol . lasoe* such employeal. and/or City offlolals must .rrst sign a waivor of any elalms ror-daglazos ts hla 6414 automobile arieln . out or the na.glintoportion by the )M or of any othar auto.. moils on t,ho 1083001a. eall ..z:nrking.. lot* and, tho. said lessors* in c ens.ideeation of s416 wei, ors do here,h7 wii : vis 4:tly 4141,mo that they theseives ..:::,orsorAlly miLbt have 4164.1ast such emiaoyees* and.... or City officials personally for any daezes done.. to •any automobile on said, Iparking lot. It is further un,,,U.,,..,rstvaa and ag,read trat while the IOASOTO ere operatin . a .',...;,ortn.,:: lot upon the 1.-kused. *,:remiees* no karklne lot services shall be furnished by the lewJors to the ,..Caty officials saatior 1411,Ploleoli of the lassoe and these auld 41t7 okrisiais and/or employeosof the lessee shall. park. 'their own cars anl m.wlove the salotj.eselviss, rrom. . , ',... . . • . • . :HU t e o e•-iLt :-;-, A. ..;- doit)c bt-t3Infter) a kartn-rsti . Lessor* CITY cf /31;j“:„110 a municipal corpg..)rtitin A, ned, Sealed and 1,Alivered in the PrAtelnse oft ----7"—ototTose=:,,rs. "–"r 'IMIN/1.00 On thia day personally 1*i-4,E:taro:I bsfore me, an ofeloer duly qualified to administer oaths and ta4c acknow1ed.-mr4nts, AARON an:.4 J8T i-01.1.44, and the :401,t * 7.nunlolpal corkoriAtoni who ao4c1.04edged before r it they aro tt-4.e 1ni,v1d13desoribed tn and who exocratode ftreflease, 1, Jrth.,Jr ac&ncwiaa,:.: (,,, that they exaouted the sa.;..4e 1- r2,0sesir n estressed; and ,ALiAT aokwuledr;o4 bof'ore e that they arocoitw bins as a extnsrshil.; urrier , the :44d:,;,e ana tnat they exo,,i,tod the sald -,,,ease as slob iartaers for the H..,,rxsesressed therein, .4;IA day of Oetember, A• 1941., 411.111411.111•0111.10.• V a • PASSED AND ADOPTED THIS 17th day of December, A. D. , 1941. Cee Mayor ATTE ' . , t-i ity Clerk FrA H H H O U H rn N H HW H � a o w WW