Resolution 4219 •
RESOLUTION NO. 4219
A RESOLUTION APPROVING A FORM OF
LEASE BETWEEN THE CITY OF MIAMI
BEACH AND MIAMI BEACH POST NO. 85,
AMERICAN LEGION FOR THE USE OF LOT
4, BLOCK 12, ISLAND VIEW SUBDIVISION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA, that the following form of lease, to-wit:
LEASE
THIS LEASE, made and entered into this day of February,
A. D. 1938, by and between the CITY OF MIAMI MOH, FLORIDA, a
Municipal corporation, hereinafter called the Lessor, and MIAMI
BEACH POST NO. 85, AMERICAN LEGION, hereinafter called the Lessee;
WITNESSET H:
That in consideration of the covenants herein contained on
the part of said lessee to be kept and performed, the said lessor
does hereby lease to the said lessee the following described prop-
erty, to-wit:
Lot Four (4) Block Twelve (12)
of ISLAND VIEW SUBDIVISION, as
per plat thereof recorded in Plat
Book 6 at Page 115 of the Public
Records of Dade County, Florida.
TO HAVE AND TO HOLD the same for a term of ten (10) years
from the 1st day of January, A. D. 1938, the said lessee paying
therefor as rent the sum of Fifty ($50.00) Dollars per year,
payable on the 2nd day of January, A. D. 1938, and on the 2nd
day of January of each and every year thereafter during the life
of this lease.
This lease when executed, shall be placed in escrow in the
Miami Beach First National Bank, Miami Beach, Florida, to be held
by said Bank until a building fund in the amount of not less than
Seventy Five Hundred ($7500.00) Dollars has been raised by the
lessee and the plans for a building to be erected on said premises
shall have been approved by the City Council of said City of Miami
Beach, Florida. Lessee hereby agrees to build on said premises a
building to be used as a Legion Home and such other uses as may be
approved by said City Council. The lessee may with the approval
of the Council commence construction at any time after the execution
of this lease, but it is understood that this lease shall not be de-
livered to the lessee by said escrow agent except as above provided.
IT IS FURTHER UNDERSTOOD that said lessee may not mortgage
or sell said premises, and if said building shall have not been
erected at a cost of not less than Seventy Five Hundred ($7500.00)
Dollars, free and clear of all encumbrances, by January 1st, A. D.
1940, that this lease shall be terminated and thenceforth null
and void and shall be returned by the said Bank to the lessor. In
computing the cost of said building to be erected thereon, reasonable
credit will be given for donated labor or material.
IT IS FURTHER UNDERSTOOD that lessee will be liable and shall
pay any City, State and/or County or other taxes levied during the
life of this lease, beginning with the year 1938, and also for any
special assessments which may be levied from time to time for munici-
pal improvements against this property.
IN FURTHER CONSIDERATION HEREOF, lessor hereby gives to
lessee an option to purchase the above described premises at any
time within ten (10) yearsof the date hereof, for the sum of One
Thousand Eight-Hundred Thirteen and 72/100 ($1,813.72) Dollars,
being the amount expended by the lessor in acquiring said proper-
ty, provided that at the time of exercising said option, the build-
ing as above described has been completed, and that the above re-
strictions as to use, encumbrance and sale, shall be included in
the deed therefor, violation of any of which shall cause reverter
to the City of Miami Beach.
Lessee further agrees to make no unlawful, improper and of-
fensive use of said premises; not to assign this lease or to sub-
let any part of said premises without written consent of lessor;
not to use said premises for any other purpose than as a Legion
Home, civic activities, or such other purpose as may be approved
by lessor, and to quit and deliver up said premises at the end of
said term, in the same condition as they now are. And the said
lessee hereby covenants and agrees that if default shall be made
in the payment of the rent as aforesaid, or if said lessee shall
violate any of the covenants of this lease, or if said building
shall not have been erected by January 1st, A. D. 1940, as above
set forth, then said lessor shall be entitled immediately to re-
enter and re-take possession of the demised premises.
IN WITNESS WHEREOF, the parties hereto have subscribed
their names and affixed their seals the day and year above written.
CITY OF MIAMI BEACH, FLORIDA,
. „.
AIWA: Air e-
Attest:
City Clerk
MIAMI BEACH POST NO. 85,
AMERICAN LEGION
By
Commander
Signed, sealed and delivered
in the presence of:
As to the first partieis
As to the second parties
be and the same is hereby approved and confirmed, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk are here-
by authorized to execute said form of lease in behalf of the City
of Miami Beach.
PASSED AND ADOPTED this 19th of J uary, A. D. , 1938.
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