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Resolution 5714 RESOLUTION NO. 5714 WHEREAS, Milton S. Plotke and Henry Wagner, owners of those certain lands situate, lying and being in the City of Miami Beach, County of Dade and State of Florida, known as and constituting Bay Shore Golf Course, have offered to said City for the sum of Ten ($10.00) Dollars, an option to purchase said lands, copy of which said option is hereto attached; and WHEREAS, it is deemed to be to the best interest of the City of Miami Beach to accept the said offer and to acquire the said option, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, that said offer be and the same is hereby accepted and the City Manager and the City Clerk be and they are hereby authorized and directed to acquire the said option by the payment to Milton S. Plotke and Henry Wagner, for and on behalf of said City, of the sum of $10.00 from funds of said City available for such purpose. PASSED and ADOPTED this 9th day of February, A. D. 1944. 4.3Tc7i ATTEST: ,, -I y er. OPTION TO PURCHASE KNOW ALL MEN BY THESE PRESENTS: That the undersigned, MILTON S. PLOTKE and HENRY WAGNER, owners of the property herein described, joined by their respective wives, IRENE D. PLOTKE and ANN WAGNER, for and in considera- tion of the sum of Ten 010.00) Dollars and other good and valuable con- siderations to them in hand paid by the City of Miami Beach, a municipal corporation of the State of Florida, the receipt whereof is hereby acknowledged, do hereby grant unto the said City of Miami Beach the option, right and privilege of purchasing the following described property, lying, situate and being in the County of Dade, State of Florida and more particularly described as follows, to-wit: Those certain lands now known as and constituting Bay Shore Golf Course bounded as follows: Begin at the northwesterly corner of the inter- section of Dade Boulevard and Meridian Avenue; thence run southwesterly along said Dade Boulevard to its intersection with Michigan Avenue; thence at approximately right angles to said Dade Boulevard in a northwesterly direction along the easterly boundary of Michigan Avenue to ,the inter- section thereof with Alton Road; thence at approxi- mately right angles to the said Michigan Avenue along the easterly boundary of said Alton Road meandering to the intersection of said Alton Road with Chase Avenue;. thenoe in a northeasterly direction meandering along the southerly boundary of said Chase Avenue to the interseotion thereof with West 34th Street; thence in an easterly direction along the southerly boundary of said West 34th Street to the westerly line of Block 5, First Addition to Mid-Golf Subdivision; thence in a southerly direction along the westerly lines of Block 5, 4 and 3 of said First Addition to Yid- Golf Subdivision to the intersection of said line, extended, with the northerly boundary of West 28th Street; thence in a. westerly direction along,the northerly boundary of West 28th Street to the intersection thereof with the westerly boundary of Meridian Avenue; thence in a southerly direction • meandering the west boundary of said Meridian Avenue to the point of beginning, according to map of the City of Miami Beach, Florida, hereto attached, said parcel thereon being circumscribed in red, to- gether with improvements thereon consisting of club- house, restaurant, cottage and together with personal property heretofore belonging to Miami Beach Bay Shore Company and sold by said company to the optionors and shown on inventory of existing lease between said Aiami Beach Bay Shore Company and United States of America, including sprinkler system and all apparatus pertaining thereto but specifically excluding from this description any wood cut and now stored upon the above premises, title to which shall remain in said Miami Beach Bay Shore Company. The terms and conditions of said option and purchase are as follows: FIRST: THE CITY OF MIAMI BEACH shall neve until the 15th day of August, A. D. 1944 within which to exercise said option. SECOND: Said option shall be exercised by delivering a notice in writing addressed to the undersigned, care of Patton and Kanner, attorneys at law, 213 Shoreland Building, Miami, Florida, stating that said City desires to avail itself of the option hereby grarted. THIRD: IT IS UNDERSTOOD AND AGREED by and between the parties hereto that in the event said option is exercised, then and iu such event the Sellers shall within fifteen (15) days from having received notice, as provided in Paragraph Second herein, cause abstracts to be brought to date and to be delivered to the City of Miami Beach, which abstracts shall reveal title to the property hereinabove described to be good and marketable and vested in the undersigned. The transfer of the property hereinabove described by warranty deed shall take place in accordance with the terms and conditions herein set forth, not earlier than the 1st day of September, 1944, nor later than the 15th day of September, 1944. FOURTH: All taxes, insurance, rents, interest and other assessments shall be pro-rated as of the date of closing. FIFTH: The terms and conditions of the sale shall bo as follows: The purchase price which the City shall pay to the undersigned shall be the sum of NINE HUNDRED TWENTY THOUSAND DOLLARS ($920,000000), payable in the following manner; Two hundred eighty thousand 02£30,000.00) Dollars cash at closing paid to the undersigned, and the balance will be represented by a mortgage in the sum of Six hundred forty thousand ($640,000.00) Dollars in favor of the Miami Beach Bay Shore Company, which said mortgage will secure notes bearing interest at the rate of four and one-half (4 ) per cent per annum, which said notes are to mature in five (5) equal annual installments. 2 SIXTH: In the event the City exercises this option, then and in such event the undersigned agree to Conley title to the above described property by a good and sufficient warranty deed, free and clear of all encumbrances, restrictions, conditions, limitations and reservations, except the mortgage hereinabove described inihe principal sum of $640,000.00, zoning ordinances and regulations of the City of Miami Beach, Florida, storm and sewer ease- ' ments running across the property hereinabove described from West 28th Street on .the east side thereof and to 27th and Alter_ Road on the west side thereof, . public utility easements running along the westerly line of Blocks Five (5), Four (4) and Three (3) of the First Addition to MID-GOLF SUBDIVISION, and taxes for the year 1944 (which said taxes shall be pro-rated as hereinabove mentioned)and lease to the United States of America, which lease shall be e.ssigned to said City when title is conveyed to said City and the assign- ment thereof shall include by express terms all rents thereafter accruing together with any and all other rights thereunder flowing to the lessor or its assigns including any rights to the restoration of said property or moneys in lieu thereof or damages to any part thereof, but not excluding any other rights to which the lessor or its al:signs may be entitled. IN WITNESS INIiEREOF, the parties hereto have hereunto set their hands and seals on this the a rkday of February, A. D. 1944. • L / ' � ' (SEAL) 7iitn se . / if / (SEAL) / Atte.4"64.4„, 4 . , ,.., . A AeLIF.Ar...do A I I ..OPIII:P. r . Air-".../ (SEAL) STATE OF FLORIDL ) ) SS. COUNTY OF DADE ) Before me, the undersigned authority, personally appeared MILTON S. PLOTO and IRENE D. FLOTKE, husband and wife, and HENRY WAGNIR and ANN WAGNER, husband and wife, to me well known to be the individuals described in and who executed the foregoing OPTION TO PURCHASE and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. 9-_, 7---A • 511..<.... 4-e---'2-..— Notary Public, State of F orida at Largege My commission expires: MCS /27". f/ L/, T � � t I .r-r.