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Resolution 77-15415 RESOLUTION NO. 77-15415 A RESOLUTION AUTHORIZING AND DIRECTING EXECUTION AND DELIVERY OF LEASE BETWEEN THE CITY OF MIAMI BEACH, AS LESSOR, AND CLUB ON THE BAY, INC. , AS LESSEE, FOR ISLAND VIEW SUBDIVISION PROPERTY. WHEREAS, the City of Miami Beach, on December 27 , 1974 , acquired from H. P. Forrest, Trustee, under a certain Land Trust Agreement dated April 30, 1966 , the following described real estate: Lots 1 , 2 , 3, 4 , 5, 6 , 7 , 8 and 9 , in Block 15, ISLAND VIEW SUBDIVISION, according to the Plat thereof, recorded in Plat Book 6 , Page 115 , of the Public Records of Dade County, Florida; AND A parcel of sovereignty land in Biscayne Bay abutting Section 33, Township 53 South, Range 42 East, Dade County, Florida; more particularly described in that certain Deed No. 25150 (2329-13) dated October 9 , 1970 between State of Florida Board of Trustees of the Internal Improvement Trust Fund and H. P . Forrest, as Trustee, under that certain Land Trust Agreement dated April 30 , 1966 , said Deed being recorded in Official Records of Dade County, Florida, and all littoral or riparian rights which may exist as to the subject properties; and WHEREAS, the deed of conveyance to the City of Miami Beach provided, inter alia, that said property is to be "used exclusively for public purposes as defined by Section 170 of the Internal Revenue Code of 1954 , as amended, " and WHEREAS, under the provisions of the City Charter, to wit Chapter 16562 , Special Acts, 1933, is authorized to acquire real estate, inter alia, . . . for the benefit of the City, its citizens and its winter and summer visitors, and to foster, develop and enhance the tourist attractions of the City, and to use the same for municipal revenue or for any of its purposes, including in such property realty for park, recreational and public amusement purposes, such as golf courses, bathing beaches, athletic fields, and other necessary sites and locations for. . .recreations and amusements; to improve and develop such realty by constructing thereon parks, gardens, golf courses, fair and carnival grounds and public concourses, and by building thereon such club houses, exhibition halls, auditoriums, theatres , show places, concession stands and other buildings which may be deemed necessary, profitable or advan- tageous for the development of public amusements and recreations, and the attraction of the City for tourists; to maintain, conduct, operate, improve and develop such recreational and tourist amusement features of the City through employees or through con- cessionaires, and to require or permit the charge of reasonable admissions and fees for the amusement, recreation and privileges afforded by the City. To sell, lease, operate any of its property or any portion thereof, real or personal; to operate property acquired for revenue; . . . for the recreation, welfare or con- venience of its inhabitants and that any or all of the OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 aforesaid may be constructed and operated upon property of said City, or on which it has perpetual easement, or which is dedicated to said City or the public. " and WHEREAS, the City Council of the City of Miami Beach, Florida, has found and determined that the most beneficial use for said real estate is as set forth in the foregoing provision of the City Charter, and WHEREAS, the City Council of the City of Miami Beach, Florida, for financial and economic conditions and circumstances, has been unable to develop said real estate for the said purposes, and WHEREAS, the City Council of the City of Miami Beach, Florida, following invitations for offers for development of the said property for recreational purposes has received only two offers , and WHEREAS, the City Council of the City of Miami Beach, Florida, has found that the proposal and offer of Club on the Bay, Inc. is the more advantageous and beneficial to the City of Miami Beach, its citizens, residents and taxpayers, and WHEREAS, the Club on the Bay, Inc. has offered and agreed to enter into a proposed written lease with the City of Miami Beach, a true and correct copy of which is attached hereto and made a part hereof, and the terms of which are familiar to the City Council, and WHEREAS, the City Attorney has approved the said proposed lease as to its form and legal sufficiency; NOW, THEREFORE, IT IS HEREBY FOUND AND DETERMINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, as follows : (1) that the use of the real estate being the subject matter of said lease be and the same is hereby found and declared to be a public purpose within the provisions of the Grant to the City of Miami Beach, the Zoning Ordinance of the City of Miami Beach and in accordance with the Laws of the State of Florida; and (2) that the entry into, the execution and delivery of the said lease by the City of Miami Beach is in the best interest of the City of Miami Beach, its citizens, residents and inhabitants; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be and they are hereby authorized and directed to execute and deliver said proposed lease with Club on the Bay, Inc. and that the administrative officials of the City be and they are hereby authorized and directed to comply with the terms and provisions of said lease as required thereby. PASSED and ADOPTED this 17thday of August , 1977 . Mayor Attest: /-64/„ , r � L City Clerk - 2 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 ORIGINAL RESOLUTION NO. 77-15415 (Island View Property: Lease document as proposed by Administration, with addi- tional determination by Council that minimum annual guaranteed rental shall be $65,000, and lease term shall be 30-20-20 years, approved)