Resolution 5745 RESOLUTION NO. 57+5
the City of Miami Beach has heretofore acquired
an option to purchase from Placer Development Corp. that certain
tract of submerged land in Biscayne Bay lying immediately North
of Di Lido Island and containing 102.2 acres, more or less; and
WHEREAS, to exercise said option would require the payment
of the full purchase price of Thirty-five thousand (,p35,000.O0)
, dollars prior to securing the necessary permits to bulkhead and
fill said area and to construct a bridge connecting said area with
Di Lido Island; and
WHEREAS, said Placer Development Corp. has consented, in
consideration of the sum of One thousand ( ;;1,000.00) Dollars to
enter into a contract by the terms of which said City will obli-
gate itself to purchase said area only if said permits are secured;
an:J
WHEREAS, the City Council is familiar with the terms of
said proposed contract , which has been approved, as to form, by
the City Attorney and a copy of which is hereto attached and
deems it to the best interests of the City to enter into said
contract,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Miami Beach, Florida, that the Mayor and the City Clerk
be and they are hereby authorized and directed to execute and
deliver said contract for and on behalf of said City and pay
on account thereof the sum of One thousand (,„;1,000.00) Dollars
out of the funds of said City available for such purpose.
PASSED and ADOPTED this 21st day of June, A. D. 1944.
i„ayor
Attest :
Ci y Clerk
' --.
THIS AGREEMENT, made and entered into this 20th day of June,
A. b. 1944, by and between PLACER DEVELOPMENT CORP.- - - 4 a Florida
corporation, hereinafter referred to as "The Seller's and CITY OF
MIAMI BEACE, a municipal corporation of Florida, hereinafter referred
to as "The Buyer",
W I T N E S SETH :
Whereas, the Seller owns the fee simple title to the
hereinafter described lands, together with rights appurtenant thereto,
and
Whereas, the Buyer has agreed, conditionally, at a future
date, to purchase said lands and rights upon the terms hereinafter
set forth;
Now, therefore, in consideration of the sum of One Thousand
(.1,000.00) Dollars, - - - cash, paid to the Seller by the Buyer,
at or before the delivery of these presents, receipt of which is
hereby acknowledged, it is agreed as follows:
The Seller agrees to sell and convey, and the Buyer agrees,
upon the conditions set forth on gage 2, hereof, to purchase, buy
and pay for, at a price of Thirty-five thousand and no/100 (435,000.00)
Dollars, of which the sum of One Thousand (41,000.00) Dollars
hereinabove mentioned, is a part, the following described property
situate in Dade County, Florida, to-wit :
From the Northeast corner of
Section 29, Township 53 South,
Range 42 East, run South 1 degree
37 minutes 08 seconds East, 778.29
feet along the Section line between
Sections 28 and 29 to point of
beginning; thence run South, 88
degrees 39 minutes 28 seconds West
47,t4F
� 1000 feet; thence run South, 1
degree 37 minutes 08 seconds East ,
4200 feet; thence run North, 88
i degrees 39 minutes 28 seconds East,
` 1060 feet; thence run North, 1
� • degree 37 minutes 08 seconds West,
A 4200 feet ; thence run South, 88
ds degrees 39 minutes 28 seconds West,
60 feet to point of beginning;
containing 102.2 acres, more or
less, lying and being in Sections
28 and 29, Township 53 South,
Range 42 East ,
together with all right, title and interest of the Seller in and
to the surrounding and adjacent bay bottom includ.in ; all dirt,
material and fill as may be necessary to raise the elevation of the
surface of the above-described lands to a minimum of six feet
above low tide level. The conveyance shall be made subject to
the reservations in deed No. 18154, dated June 24th, 1931, from
the Trustees of the Internal Improvement Fund of the State of Florida,
to Bigelow Corporation, a ilorida Corporation, and also subject to
any reservations of rights of the United States or the War Department
thereof, in any permit issued, or to be issued, for dredging,
filling or other improvements in or near the above-described lands
and also subject to current taxes, which shall be pro-rated between
the parties as of the date of closing, and any existing zoning laws
or ordinances.
The time for payment of the balance of the purchase price
of Thirty-five thousand (435,000.00) Dollars, less the sum of One
Thousand 41,000.00) Dollars , hweein receipted for, shall be on or
before November 20,1944 ; provided that the time for closing may
be extended for one calendar month by the payment of the sum of
Two hundred (4200.00) Dollars and for additional calendar months
upon payment of a like sum for each month but not in any event
beyond February 20, 1945 any payments for extensions as in this
paragraph provided shall be credited upon the purchase price.
The Buyer shall be obligated to purchase the above-described
property and consummate the transaction herein contemplated only
in the event that a permit can be secured from the United States
War Department for filling in and upon and bulkheading about the
above-described lands and to construct a bridge connecting said
lands with Di Lido Island, an island located in Biscayne Bay within
the corporate limits of the e Cityof Miami ea
Beach, Florida.
In the event that no permit can be secured from the United
States War Department as aforesaid, the liability of the Buyer shall
be limited to the sums of money theretofore paid to the Seller,
-2-
which money the Seller shall have the absolute right to take, have
and retain, said sums to be deemed payment to the Seller for holding
off the market the property herein described for the period of time
of this contract or any extensions thereof.
The Seller agrees to join in the necessary applications
for the permits from the United States War Department hereinbefore
referred to.
It is expressly understood and agreed that this agreement
is conditioned upon events which may, or may not, come to pass and
that in the event said events herein contemplated do not come to pass,
the Buyer will execute and deliver to the Seller a release of all
claims hereunder.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed by their duly authorized officers and have
caused their corporate seals to be affixed hereto as of the day and
in the year first above written.
PLACER DEVELOPMENT CORP .
-3Ggf
By ;
C7 .
Attest : President
- -,�
Secretary
CITY OF MIAMI BEACH
By
Attest : Mayor
C ty er
-3-
STATE OF FLORIDA )
COUNTY OF DAiDE )
I ?ERM C'E TIFY that on this day personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgments,
F. C. B. LeORO and S. L. PAUL, respectively President and Secretary of
Placer Development Corp. , a corporation, to me well known to be the
persons described in and who executed the foregoing instrument and duly
acknowledged before ane that they executed the foregoing instrument and
duly aoknowledgee before me that they exe:uted the same for the purpose
therein expressed, as the act and deed of sad oorporation.
IN WITNESS WHEdEOF I have hereunto set my hand and affixed z,r
official seal at Miami, said County and State, this day of June,
1944.
Notary Public, State of Florida at Large
My ^ommission expires:
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