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Resolution 6703 RESOLUTION NO. 6703 WHEREAS, the United States of America, acting by and through the War Assets Administrator, has accepted the bid of the City of Miami Beach, Florida, for the purchase of the Nautilus Veterans Administration Hospital property, Miami Beach, Florida, and WHEREAS, said United States of America, acting by and through the War Assets Administrator, has prepared and sub- mitted a copy of the quit-claim deed which said United States of America proposes to execute and deliver, upon the delivery to it of certified copies of a resolution authorizing some person or persons to accept the deed as written and to agree to the terms and conditions thereof for and on behalf of the City of Miami Beach, and upon the delivery by the City of Miami Beach of a certified check, payable to the Treasurer of the United States for the sum of $9, 407. 42, which is the amount of external administrative expenses incurred by the War Assets Administration because of the transfer of the pro- perty, a copy of said proposed quit-claim deed being attached hereto and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVLI) by the City Council of the City of Miami Beach, Florida, that the Mayor be and he is hereby authorized and directed to accept the said deed, copy of which is attached hereto as aforesaid, and to agree to the terms and conditions thereof for and on behalf of said City. BE IT FURTHER RESOLVED that the City Manager and the City Clerk be and they are hereby authorized and directed to deliver a certified check, payable to the Treasurer of the United States, for the sum of $9, 407.42, out of funds of the City of Miami Beach available for the purpose. Ag PASSED and ADOPTED this -'o day of -���" -' A.D. 2_91+ ,7 . 27/?t,ec * Z4v1-4-4, Attests Nayor City Clerk OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA uI� TCLAI THIS INDENTURE, made this day of 194 , by and between the UNITED STATES OF AMERICA, acting by and through the WAR ASSETS ADMINISTRATOR, under and pursuant to Reorganization Plan One of 1947 ( 12 Fed. Reg. 4534) and the powers and authority contained in the provisions of the Surplus Property Act of 1944 and War Assets Administration Regulation No. 1, as amended, party of the first part, and CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, acting by and through its Mayor and Council, party of the second part, WITNESSETH: That the party of the first part for and in consideration of the sum of NINE THOUSAND FOUR HUNDRED AND SEVEN AND 42/100 DOLLARS (*9,407.42) in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, said sum being reimbursement of expenses incurred by the War Assets Administration incidental to this transfer and in further consideration of the agreement of the party of the second part to accept and fulfill all the terms and conditions of this transfer, has remised, released and forever quit- claimed, and by these presents does remise, release and forever quit- claim unto the party of the second part, its successors and assigns forever, all the right, title, interest, claim and demand which the party of the first part has in and to the following described real property, to-wit: All those tracts or parcels of land lying and being in Dade County, Floridan and more particularly described as follows: Lot number 41 of Block number 1, Lot number 11 of Block number 6 and Lot number 1 of Block number 7 of Nautilus Sub- division of the Miami Beach Bay Shore Company as the same are shown, marked and designated on the plat of said subdivision recorded in Plat Book 8, page 95 in the office of the Clerk of the Circuit Court of Dade County, Florida, which property is more particularly described as follows: -1- From a pipe monument at the southeast corner of Government Lot 4 of Section 22, Township 53 South, Range 42 East, run westerly along the south line of said section, the bearing of which is South 88 deg. 18 min. West as shown on a map entitled Map of that portion of Township 53 South, Range 42 East, lying between Biscayne Bay and the Atlantic Ocean in Dade County, Florida, Bliss & Watson, Engineers, dated February 1918, Recorded in Plat Book 5, Page 40, Public Records of Dade County, Floridau; a distance of 641 feet to an iron pipe, thence run North 17 deg. 28 min. 38 sec. West a distance of 951.54 feet to an iron pipe on the westerly line of Alton Road, said point being the Southeast corner of Lot 1, Block 7, Nautilus Subdivision as shown on above mentioned Plat and being the point of beginning of the tracts herein described. 1 - Lot number 1, Block 7. From said point of beginning run South 66 deg. 03 min. West along the South line of Lot 1 and the north line of Lots 2 and 26, Block 7, as shown on aforementioned Plat, a distance of 142.32 feet to a point on the easterly line of North Bay Road, thence run in a Northeasterly direction along the Easterly line of North Bay Road on the Arc of a circular curve deflecting to the right with a radius of 210 feet, a central angle of 6 deg. 11 min. 53 sec. a chord of 22.71 feet, bearing of chord being North 16 deg. 01 min. 03 sec. East a distance of 22.72 feet to the point of compound curve, thence continue along the arc of a circular curve deflecting to the right along the easterly line of North Bay Road with a radius of 600 feet , a central angle of 13 deg. 42 min. 56 sec. a chord of 143. 29 feet , bearing of chord being North 25 deg. 58 min. 28 sec. East a distance of 143.63 feet to the Point of Compound Curve, thence continue along the arc of a circular curve deflecting to the right with a radius of 20 feet, a central angle of 135 deg. 27 min. 11 sec. , a chord of 37.02 feet, bearing of chord being South 79 deg. 26 min. 29 sec. East a distance of 47.28 feet`to the Point of Reverse Curve, said point being on the Westerly line of Alton Road, thence continue along the arc of a circular curve deflecting to the left along the Westerly line of Alton Road with a radius of 598.49 feet a central angle of 8 deg. 35 min. 13 sec. , a chord of 89.61 feet, bearing of chord being south 16 deg. 00 min. 30 sec. East a distance of 89.70 feet to the point of beginning containing 0.24 acres more or less; also 2 - Lot number 11, Block 6; From an iron pipe on the West line of Alton Road, the Point of Beginning of the tracts herein described, run in a Northerly direction along the arc of a circular curve deflecting to the right with a radius of 598.49 feet, a central angle of 23 deg. 59 min. 09 sec. , a chord of 248.72 feet, bearing of chord being North 8 deg. 11 min. 34.5 sec. West a distance of 250.55 feet to the Point of Tangency of said curve, thence run North 3 deg. 48 min. 00 sec. East a distance of 125.30 feet to the point of beginning of Lot 11, Block 6, said point being on the West line of Alton Road, thence run North 3 deg. 48 min. 00 sec. East along the West line of Alton Road a distance of 115.48 feet to a point, said point being the Northeast corner of Lot 11, Block 6, as shown on aforementioned Plat of Nautilus Subdivision, thence run North 86 deg. 12 min. 00 sec. West along the dividing line between Lots 11, 10 and 12, Block 6, as shown on aforementioned Plat of Nautilus Subdivision, a distance of 151.18 feet to a point, said point being the intersection of the last mentioned course with the east line of North Bay Road, thence run in a southeasterly direction along the arc of a circular curve deflecting to the left with a radius of 600 feet, a central angle of 16 deg. 55 min. 32 sec. , a chord of 176.60 feet, bearing of chord being South 38 deg. 20 min. 33 sec. East a distance of 177.24 feet to the Point of Compound Curve, thence continue along the arc of a circular curve deflecting to the left with a radius of 20 feet, a central angle of 129 deg. 22 min. 46 sec. , a chord of 36.16 feet, -2- bearing of chord being North 68 deg. 29 min. 23 sec. East a distance of 45.16 feet to the Point of Beginning of the tract of land herein described containing 0.29 acres more or less. 3 - Lot number 41 of Block 1. From an iron pipe on the west line of Alton Road, the Point of Beginning of the tracts herein described run South 66 deg. 03 min. West a distance of 260.4 feet to the point of beginning of Lot 41, Block 1, said point being the intersection of the last mentioned course with the westerly line of North Bay Road, thence run North 44 deg. 12 min. 30 sec. East a distance of 54.82 feet to a point, said point being at the intersection of the last mentioned course with the arc and bisector of the central angle of a circular curve with a radius of 10.0 feet , a central angle of 143 deg. 50 min. 40 sec. , thence continue in a Northeasterly direction along the arc of said curve deflecting to the left with a radius of 10.0 feet, a central angle of 71 deg. 55 min. 20 sec. a chord of 11.74 feet, bearing of chord being North 45 deg. 49 min. 30 sec. East a distance of 12.55 feet to the Point of Reverse Curve; thence run along the arc of a circular curve deflecting to the right with a radius of 270.0 feet, a central angle of 9 deg. 11 min. 54 sec. , a chord of 43.3 feet, bearing of chord being north 14 deg. 27 min. 47 sec. East a distance of 43.35 feet to the point of compound curve; thence run along the arc of a circular curve deflecting to the right with a radius of 660.00 feet, a central angle of 20 deg. 5? min. 06 sec. , a chord of 240.0 feet, bearing of chord being North 29 deg. 32 min. 17 sec. East a distance of 241.34 feet to the point of reverse curve, thence run in a northwesterly direction along the arc of a circular curve deflecting to the left with a radius of 7.57 feet, a central angle of 135 deg. 15 min. 10 sec. a chord of 14.0 feet, bearing of chord being North 27 deg. 36 min. 45 sec. West a distance of 17.8? feet to the point of tangency of said curve; thence run North 5 deg. 14 min. 20 sec. West a distance of 70.0 feet to the point of curve; thence run in a Northeasterly direction along the arc of a circular curve deflect- ing to the left with a radius of 7.57 feet, a central angle of 135 deg. 15 min. 10 sec. a chord of 14.0 feet, bearing of chord being North 1? deg. 10 min. 05 sec. East a distance of 17.8? feet to the Point of Reverse Curve; thence run in a northwesterly direction along the arc of a circular curve deflecting to the right with a radius of 660.0 feet, a central angle of 20 deg. 57 min. 06 sec. a chord of 240.0 feet, bearing of chord being North 39 deg. 56 min. 5? sec. West a distance of 241.34 feet to the point of compound curve, thence run along the arc of a circular curve deflecting to the right with a radius of 343.23 feet, a central angle of 7 deg. 02 min. 04 sec. , a chord of 42.11 feet, bearing of chord being North 25 deg. 5? min. 22 sec. West a distance of 42.14 feet to the Point of Reverse Curve; thence run along the arc of a circular curve deflecting to the left with a radius of 10.0 feet a central angle of 71 deg. 05 min. 35 sec. , a chord of 11.63 feet, bearing of chord being North 57 deg. 59 min. 07.5 sec. West a distance of 12.41 feet, said point being the intersection of the arc of said curve with the bisector of a concentric circular curve with a radius of 10.0 feet and a central angle of 142 deg. 11 min. 10 sec. ; thence run south 73 deg. 48 min. 00 sec. West a distance of 41.9 feet to a point, said point being the intersection of the last mentioned course with the North property line of Lot 41 and the West line of North Bay Road; thence run North 86 deg. 12 min. West along the dividing line between Lots 40 and 41, Block 1, as shown on the aforementioned Plat of Nautilus Subdivision, a distance of 243 feet to a point, said point being the intersection of the last mentioned course with the center line of the bulkhead on the easterly shore of Biscayne Bay; thence meander said bulkhead in a Southwesterly and southerly direction a distance of 1,000.7 feet, plus or minus, to a point, said point being the intersection of the said bulkhead with the south property line of Lot 41; thence North 57 deg. 56 min. East along the dividing line between Lots 41 and 42, Block 1, as same is shown on the aforementioned Plat of Nautilus Subdivision, a distance of 280.0 feet , plus or minus, to the Point of Beginning of the tract herein described, contain- ing 7.55 acres, more or less . -3- Also - an island in Biscayne Bay known as Collins Island, situated in Government Lot 4, Fractional Section 22 and Government Lot 1, Fractional Section 27, Township 53 South, Range 42 East, City of Miami Beach, Dade County, Florida, more particularly described as follows: FrOm an iron pipe monument at the southeast corner of Government Lot 4 of Fractional Section 22, run Westerly along the south line of said section, the bearing of which is South 88 deg. 18 min. West as shown on a map entitled dMap of that portion of Township 53 south, Range 42 East, lying between Biscayne Bay and the Atlantic Ocean in Dade County, Florida, Bliss & Watson Engineers, dated February 1918, Recorded in Plat Book 5, Page 40 Public Records, Dade County, Fiorid.aa, a distance of 641 feet to an iron pipe, thence continue along said section line 774.58 feet to a nail in the center of concrete bulkhead of island, the Poirt of Beginning of the land herein described:- thence following the bulkhead in a Northerly direction along a circular curve deflecting to the left, with a radius of 494.42 feet, a central angle of 16 deg. 07 min. , a chord of 138.94 feet, bearing of chord being North 14 deg. 34 min. 30 sec. East, a distance along the arc of 139.07 feet to the Point of Tangency of said curve, thence run North 6 deg. 31 min. East a distance of 190.5 feet to the Point of Curve of a circular curve deflecting to the left with a radius of 165.75 feet, a central angle of 18 deg. 10 min. a chord of 52.34 feet, bearing of chord being North 2 deg. 34 min. West a distance along the arc of 52.35 feet to the Point of Tangency of said curve, thence run North 11 deg. 39 min. West a distance of 156.5 feet to the Point of Curve of a circular curve deflecting to the left with a radius of 71.79 feet, a central angle of 38 deg. 24 min. a chord of 47.22 feet, bearing of chord being North 30 deg. 51 min.` West a distance along the arc of 48.11 feet to the Point of Tangency of said curve, thence run North 50 deg. 03 min. West a distance of 57.3 feet to the Point of Curve of a circular curve deflecting to the left with a radius of 199.11 feet, a central angle of 28 deg. 44 min. , a chord of 98.81 feet, bearing of chord being North 64 deg. 25 min. West a distance along the arc of 99.85 feet to the Point of Tangency of said curve, thence run North 78 deg. 47 min. West a distance of 45.2 feet to the point of curve of a circular curve deflecting to the left with a radius of 371.61 feet, a central angle of 14 deg. 26- min. a chord of 93.28 feet, bearing of chord being North 85 deg. 59 min. 30 sec. West a distance along the arc of 93.50 feet to the Point of Tangency of said curve, thence run South 86 deg. 48 min. West a distance of 54.7 feet to the point of curve of a circular curve deflecting to the left with a radius of 391.13 feet, a central angle of 11 deg. 58 min. a chord of 81.55 feet , bearing of chord being south 80 deg. 49 min. West a distance along the arc of 81.70 feet to the Point of Tangency of said curve, thence run South 74 deg. 50 min. West a distance of 41.7 feet to the Point of Curve of a circular curve deflecting to the left with a radius of 178.75 feet a central angle of 14 deg. 02 min. a chord of 43.67 feet, bearing a chord being South 67 deg. 49 min. West, a distance of 43.78 feet to the Point of Tangency of said curve, thence run South 60 deg. 48 min. West a distance of 27.7 feet to the point of curve of a circular curve deflecting to the left with a radius of 294,55 feet, a central angle of 29 deg. 18 min. a chord of 148.99 feet, bearing of chord being south 46 deg. 09 min. West, a distance along the arc of 150.63 feet to the Point of Compound Curve, thence con- tinue along a circular curve deflecting to the left with a radius of 358.85 feet, a central angle of 10 deg. 02 min. , a chord of 62.76 feet, bearing of chord being South 26 deg. 29 min. 00 sec. West, a distance along the arc of 62.84 feet to the point of com- pound curve, thence continue along a circular curve deflecting to the left with a radius of 200.07 feet, a central angle of 42. deg. 03 min. , a chord of 143.56 feet, bearing of chord being south 0 deg. -4. 26 min. 30 sec. West, a distance along the arc of 146.83 feet to the Point of Tangency of said curve; thence run South 20 deg. 35 min. East a distance of 303.0 feet to the Point of Curve of a circular curve deflecting to the left with a radius of 290.60 feet a central angle of 31 deg. 20 min. a chord of 156.94 feet, bearing of chord being South 36 deg. 15 min. 00 sec. East a distance along the arc of 158.92 feet to the Point of Compound Curve, thence continue along a circular curve deflecting to the left with a radius of 189.08 feet, a central angle of 23 deg. 29 min. a chord of 76.96 feet, bearing of chord being South 63 deg. 39 min. 30 sec. East a distance along the arc of 77.50 feet to the Point of Tangency of said curve, thence run South 75 deg. 24 min. East a distance of 59.5 feet to the Point of curve of a circular curve deflecting to the left with a radius of 156.63 feet a central angle of 18 deg. 51 min. a chord of 51.30 feet, bearing of chord being South 84 deg. 49 min. 30 sec. East a distance along the arc of 51.53 feet to the point of tangency of said curve; thence run North 85 deg. 45 min. East a distance of 59.3 feet to the point of curve of a circular curve deflecting to the left with a radius of 195.56 feet, a central angle of 28 deg. 08 min. a chord of 95.06 feet, bearing of chord being North 71 deg. 41 min. 00 sec. East a distance along the arc of 96.03 feet to the Point of Compound Curve, thence continue along a circular curve deflecting to the left with a radius of 566.98 feet a central angle of 8 deg. 32 min. a chord of 84.37 feet, bearing of chord being North 53 deg. 21 min . East a distance along the arc of 84.44 feet to the point of compound curve, thence continue along a circular curve deflecting to the left with a radius of 203.40 feet, a central angle of 26 deg. 27 min. a chord. of 93.06 feet, bearing of chord being North 35 deg. 51 min. 30 sec. East a distance along the arc of 93.90 feet to the point of compound curve, said point also being the point of beginning containing 10.8 acres, more or less. Also - an island in Biscayne Bay known as Johns Island situated in Government Lot 4, Fractional section 22, Township 53 South, Range 42 East, City of Miami Beach, Dade County, Florida, more particularly described as follows: From an iron pipe monument at the southeast corner of Government Lot 4 of Fractional Section 22, Township 53 South, Range 42 East, run Westerly along the South line of said Section, the bearing of which is South 88 deg. 18 min. West as shown on a map entitled "Map of that portion of Township 53 South, Range 42 East , lying between Biscayne Bay and the Atlantic Ocean in Dade County, Florida, Bliss and Watson, Engineers, dated February 1918, Recorded in Plat Book 5, Page 40, Public Records, Dade County, Floridan; a distance of 641 feet to an iron pipe, thence run North 1 deg. 42 min. West a distance of 1200 feet to a point, thence run South 88 deg. 18 min. West a distance of 968.23 feet to a nail in concrete bulkhead of island, said point being the point of beginning of the tract of land herein described:- Thence following the bulkhead in a North- westerly direction along a circular curve deflecting to the left with a radius of 112.93 feet a central angle of 46 deg. 29 min. a chord of 89.33 feet, bearing of chord being North 58 deg. 23 min. 30 sec. West a distance along the arc of 91,62 feet to the point of Compound Curve; thence continue along a circular curve deflecting to the left with a radius of 207.56 feet a central angle of 24 deg. 20 min. a chord of 87.43 feet, bearing of said chord being EoUth 86 deg. 12 min. West a distance along the arc of 88.15 feet to the point of compound curve; thence continue along a circular curve deflecting to the left with a radius of 146.28 feet a central angle of 56 deg. 21 min. a chord of 138.13 feet, bearing of chord being South 45 deg. 51 min. 30 sec. West a distance along the arc of 143.87 feet to the point of tangency of said curve, thence continue South 17 deg. 41 min. West a distance of 40.25 feet to the point of curve of a circular curve deflecting to the left with a radius of 136.79 feet a central angle of 39 deg. 25 min. a chord of 92.26 feet, -5- bearing of chord being South 2 deg. 01 min. 30 sec. East a distance along the arc of 94.1 feet to the Point of Compound Curve, thence continue along a circular curve deflecting to the left with a radius of 74.69 feet a central angle of 66 deg. 48 min. a chord of 82.23 feet, bearing of chord being South 55 deg. 08 min. East a distance along the arc of 87.08 feet to the point of tangency of said curve, thence run South 88 deg. 32 min. East a distance of 185.50 feet to the point of curve of a circular curve deflecting to the left with a radius of 55.17 feet a central angle of 97 deg. 35 min. a chord of 83.01 feet, bearing of chord being North 42 deg. 40 min. 30 sec. East a distance along the arc of 93.96 feet to the point of tangency of said curve, thence run North 6 deg. 07 min. West a distance of 114.6 feet to the point of curve of a circular curve deflecting to the left with a radius of 119.72 feet, a central angle of 29 deg. 02 min. a chord of 60.02 feet, bearing of chord being North 20 deg. 38 min. West a distance along the arc of 60.67 feet to the point of tangency of said curve, thence run North 35 deg. 09 min. West a distance of 7.9 feet to the point of beginning of tract herein described containing 1.7 acres of land, more or less, together with all riparian rights and water privileges appertaining to the above described property, and all right, title and interest in and to the bridges to Johns and Collins Island in Biscayne Bay and the streets or right-of-ways within or adjacent to said land which are now owned by the grantor, subject to easements of record, together with the Nautilus Hotel, cottages, buildings, improvements and docks now situate thereon, also all machinery, equipment, fixtures, furniture and furnishings of every kind and descriptions, and all other personal property appertaining thereto and contained in the buildings upon the premises above described. Following described submerged land,` situate, lying and being in the County of Dade, State of Florida, to-wit: From a two ( 2) inch galvanized iron pipe on the South line of Section twenty-two (22) in Township fifty-three (53) South of Range forty-two (42) East on the shore of Biscayne Bay, run forty (40) feet West; thence North fifty (50) degrees thirty (30) minutes West for one thousand ( 1000) feet to the point of beginning; thence the following traverse, - North eighty-five (85) degrees no (00) minutes West - two hundred and fifty (250) feet. South eighty-three (83) degrees no (00) minutes West - five hundred and ninety (590) feet. South eighty-two (82) degrees no (00) minutes East - ten hundred and forty feet (1040) . North seventy-six (76) degrees thirty (30) minutes East - three hundred and ninety (390) feet. North eight (8) degrees thirty (30) minutes East - four hundred and twenty (420) feet. North twenty-one (21) degrees thirty (30) minutes West - three hundred ( 300) feet to point of beginning. Containing twenty-one and five tenths ( 21.5) acres, more or less together with full riparian rights , except that certain part thereof conveyed on March 9, 1923, by that certain indenture of the Miami Beach Bay Sore Company, a corporation, to Bay Shore Corporation, as appears of record in Deed Book 340, page 45, public official record of Dade County, Florida. -6. Together with all utilities, including but not limited to water, sewage, electrical distribution system and communication system. Being the same property acquired by the United States of America by deed dated December 29, 1942, from Bay Shore Corporation to United States of America, said deed being recorded in Book 2262, Page 462 of the public records of Dade County, Florida, and a deed dated December 21, 1942 from Miami Beach Bay Shore Company recorded in Book 2277, Page 133 of the public records of Dade County, Florida. This property is conveyed subject to all outstanding rights of third parties of record. Excepting, however, from this conveyance and reserving to the party of the first part, in accordance with Executive Order 9908, approved on December 5, 1947 ( 12 F. R. 8223) , all uranium, thorium, and all other materials determined pursuant to Section 5 (b) ( 1) of the Atomic Energy Act of 1946 (60 Stat. 761) , to be peculiarly essential to the production of fissionable material, contained, in whatever concentration, in deposits in the lands covered by this instrument which are hereby reserved for the use of the United States, together with the right of the United States through its authorized agents or representatives at any time to enter upon the land and prospect for, mine and remove the same, making just compensation for any damage or injury occasioned thereby. However, such land may be used, and any rights otherwise acquired by this disposition may be exercised, as if no reservation of such materials had been made; except that, when such use results in the extraction of any such material from the land in quantities which may not be transferred or delivered without a license under the Atomic Energy Act of 1946, as it now exists or may hereafter be amended, such materials shall be the property of the United States Atomic Energy Commission, and the Commission may require delivery of such material to it by any possessor thereof after such material has been separated as such from the ores in which it was contained. If the Commission requires the delivery of such material to it, it -7- shall pay to the person mining or extracting the same, or to such other person as the Commission determines to be entitled there- to, such sums, including profits, as the Commission deems fair and reasonable for the discovery, mining, development, production, extraction, and other services performed with respect to such material prior to such delivery, but such payment shall not in- clude any amount on account of the value of such material before removal from its place of deposit in nature. If the Commission does not require delivery of su dl material to it, the reservation hereby made shall be of no further force or effect. said property was duly declared surplus and was assigned to the War Assets Administrator for disposal, acting pursuant to Executive Order 9689, and the provisions of the Surplus Prop- erty Act of 1944, as amended, and applicable rules, regulations and orders. TO HAVE AND TO HOLD the same, together with all and singular, the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest and claim whatsoever of the party of the first part, either in law or in equity, to the only proper use, benefit and behoof of the party of the second part, its successors and assigns, forever; PROVIDED, HOWEVER, that this conveyance is made and accepted upon each of the following conditions which shall be binding upon the said party of the second part, its successors and assigns, and each of them; ( 1) That for a period of twenty (20) years from the date of this instrument the party of the second part shall use the said property hereby conveyed for the purposes of developing and operating at the earliest possible date a general hospital clinic and research center and for incidental purposes pertaining thereto, as set forth in its application dated July 21, 1948, and thereafter amended, and also as set forth in the proposed memorandum of agree- ment between the Mt. Sinai Hospital of Greater Miami, Inc. , and party of the second part, which was adopted by a resolution No. 6680 of the Mayor and Council of the City of Miami Beach dated -8- November 17, 1948. (2) That for a period of twenty (20) years from the date of this instrument the party of the second part will submit to the filar Assets Administrator, or his successor in function semi-annual reports and other pertinent data establishing the continuous use of said property in accordance with approved program and terms and conditions of this transfer. (3) That the party of the second part will in no case resell the said premises within twenty (20) years from the date hereof without first obtaining the written authorization of the War Assets Administration, or its successor in function to such resale. (4) That the party of the second part agrees for itself, and its successors and assigns, that the United States of America shall have the right during the existence of any emergency declared by the President of the United States' or the COngress thereof, to the full unrestricted possession, control and use of the premises or any part thereof, including any additions or improvements there- to made subsequent to such conveyance, without charge, except that the United States shall be responsible during the period of such use if occuring prior to twenty (20) years from the date of this conveyance, for the entire cost of maintaining the premises or any portion thereof so used, and shall pay a fair rental for the use of any installations and structures which have been added thereto withcut federal aid, provided, however, that if such use is required after twenty (20) years from the date hereof, the United States shall pay a fair rental for the entire portion so used. (5) During the said twenty (20) year period the party of the second part shall have the right to replace temporary structures and improvements and obsolete permanent and other structures and improvements on the demised premises at the date hereof with other structures and improvements to be used for the same purposes as set forth in Paragraph ( 1) above. -9- (6) That the party of the second part agrees for itself, its successors and assigns, that in its use of the property for the purposes set forth in Paragraph (1) above it shall not re- strict said use so as to discriminate against anyone because of race, color, creed or national origin. (7) That the party of the second part agrees for itself, its successors and assigns, that alterations, remodeling and re- equipment of the main Nautilus Hotel Building located on the property hereinbefore described for use as an interim 100-bed general hospital, will commence within thirty (30) days from the date of this instrument and said hospital shall be completed and put into operation as such general hospital without delay. (8) That the party of the second part agrees for itself, its successors and assigns, that necessary architects, engineers and other necessary experts shall be engaged within thirty (30) days from the date of this instrument( to prepare plans and specifications for a new 300-bed hospital building on that portion of the property herein conveyed known as Collins Island, and that within eighteen (18) months after the date of this conveyance, plans and specifications will be completed and bids requested for the construction of at least two (2) stories thereof with a minimum capacity of 120 beds and said hospital building shall be built, completed and placed into operation without undue delay. (9) That the party of the second part agrees for itself, its successors and assigns, that any contract for the operation of this hospital or any hospital constructed on the property herein conveyed by an agent or contractor used for and on behalf of the party of the second part shall be in full compliance with all the present existing laws, ordinances and regulations of the City of Miami Beach and State of Florida or of the United States of America, and in no event shall such contract operator be permitted to operate the hospital in violation of the terms and conditions of this transfer or in any manner which will not meet the requirements of a general hospital available to the public or in any manner -10- which would discriminate against anyone because of race, color, creed or national origin. ( 10) That in the event the party of the second part, its successors or assigns, does not comply with any of the conditions set forth in this instrument during said twenty ( 20) years, whether caused by the legal inability of the said party of the second part, its successors or assigns, to perform any of the obligations herein set forth or otherwise, all right, title, and interest in and to the demised premises shall at the option of the party of the first part revert to and become the property of the United States of America which shall have an immediate right of entry upon the premises and the party of the second part, its successors and assigns, shall forfeit all right, title and interest in said premises and in any and all the tenements, hereditaments and appurtenances thereunto belonging, provided, however, that the failure of the party ,of the first part to insist in any one or more instances upon complete performance of any of the said conditions shall not be construed as a waiver or a relingquishment of the future performance of any such conditions by the party of the second part and the party of the second part' s obligations with respect to such future performance shall continue in full force and effect, provided further that in the event the party of the first part fails to exercise its option to re-enter the premises for any such breach of said conditions within twenty-one (21) years from the date of this deed, all the conditions set forth in Paragraphs 1, 2, 3, 5, 6, 7, 8 and 9 hereof, together with all rights of the party of the first part to re-enter as in this paragraph provided shall as of that date terminate and be extinguished. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed as of the day and year first above written. UNITED STATES OF AMERICA Acting by and through WAR ASSETS ADMINISTRATOR By: T. A. Dechman, Deputy Regional Director ?or Real Property Disposal, Region 6 WAR ASSETS ADMINISTRATION -11- STATE OF GEORGIA) COUNTY OF FULTON) I HEREBY CERTIFY, that on this day personally appeared before me, T. A. Dechman, to me well known as the person described in and who executed the foregoing instrument on behalf of the United States of America, and acknowledged that he, T. A. Dechman, as Deputy Regional Director for Real Property Disposal, Region 6, War Assets Administration, executed the same for the purposes therein expressed as the free act and deed of the United States of America, the War Assets Administrator and the War Assets Administration, and that said instrument is their free act and deed. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal at Atlanta, Georgia, ' this day of , 194 . otary c (SEAL) -12- , „ 3 cp . cic) 0-1 t 0 LA)