Resolution 7053 RESOLUTION NO. 7053
WHEREAS, Louis Miller and Minnie Miller, his wife, and
Harry A. Miller and Jeanne E. Miller, his wife, have proposed to sell
to the City of Miami Beach, Florida, property which will be more fully
hereinafter described, and
WHEREAS, on the 3rd day of August, A.D. , 1949, the City
Council of said City passed Resolution No. 6985, wherein said City
proposed to acquire the property hereinafter described, and
WHEREAS, Minnie Miller, wife of Louis Miller, died, and
since the passage of the Resolution it has been decided to handle the
transaction in a different manner than by purchase money mortgage and
notes, and
WHEREAS, Louis Miller, Harry A. Miller, and Jeanne E.
Miller, his wife, offer to sell to the City of Miami Beach, Florida,
those certain parcels of land situate, lying and being in Miami Beach,
Dade County, Florida, to wit:
Lots Thirty-three (33) and Thirty-four (34)
in Block One (1) , all in SECOND OCEAN FRONT
SUBDIVISION of the Miami Beach Bay Shore
Company, as the same are shown marked and
designated on an Amended Plat of said Sub-
division, recorded in Plat Book 28 at Page 28
in the Office of the Clerk of the Circuit
Court in and for Dade County, Florida; also
The Southerly twenty-five (25) feet of Lot:
Thirty-five (35) in Block One (1) of said
Second Ocean Front Subdivision of the Miami
Beach Bay Shore Company, according to the
Plat aforesaid, and more particularly de-
scribed as follows:
Beginning at a point which is the inter-
section of the dividing line between Lots
Thirty-four and Thirty-five (34 & 35) of
Block One (1) and Easterly line of Collins
Avenue, as same are shown on a Plat entitled
"Amended Plat of Second Ocean Front Sub-
division" , recorded in Plat Book 28 at Page
28 of the Public Records of Dade County,
Florida, run in a Northerly direction along
the easterly line of Collins Avenue a dist-
ance of twenty-five-and-nine-thousandths
( 25.009) feet to a point, thence run in an
easterly direction along a line parallel to
and twenty-five (25) feet distant northerly
from the dividing line between said Lots
Thirty-four and Thirty-five (34 & 35) , A
distance of two hundred forty (240) feet,
more or less, to the mean high water line
of the Atlantic Ocean; thence run in a
southerly direction meandering said mean
high water line of the Atlantic Ocean a
distance of 25.1 feet to a point, said point
being on the dividing line between said Lots
Thirty-four and Thirty-five of Block One (1) ;
thence run in a Westerly direction along the
dividing line between said Lots Thirty-four
and Thirty-five (34 & 35) of Block One (1)
a distance of two hundred forty-three (243)
feet, more or less, to the point of beginning;
for the sum of Two Hundred Eighty-five 0285,000.00) Thousand Dollars,
payable as follows:
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DAVID M.TRAU,ATTORNEY AT LAW.35.)LINCOLN ROAD.MIAMI BEACH. FLORIDA
Cash at the time of closing of the transaction hereby
contemplated $28, 500.00
Ten (10) certificates of indebtedness, which shall be
revenue certificates, each in the sum of Twenty-five
Thousand Six Hundred Fifty ($25,650.00) Dollars, and
maturing 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 years from
date, respectively, bearing interest at the rate of
Three and one-half (3i%) percent per annum, payable
semi-annually, and aggregating the sum of Two Hundred
Fifty-six Thousand Five Hundred ($256, 500.00) Dollars.
The conveyance from Louis Miller, Harry A. Miller, and Jeanne E.
Miller, his wife, to said City to be by good and sufficient Warranty
Deed and subject only to taxes for the year 1949 (which are to be pro-
rated as of the date of this Resolution) , and zoning ordinances of the
City of Miami Beach, Florida; and
WHEREAS, the City Council of said City deems it to be to the best
interest of said City to acquire said property, at said price and on
said terms, for park purposes, recreational purposes, and for other
municipal purposes,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Miami Beach, Florida, that said proposal be and the same is hereby
accepted on behalf of said City and the City Manager be and he is hereby
authorized and directed to consummate said transaction, upon the appro-
val of title by the City Attorney, to pay over the cash payment provided
for in said proposal out of funds of said City available for the purposes;
that the Mayor and the City Clerk be and they are hereby authorized and
directed to execute, in the name of and on behalf of said City, revenue
certificates of indebtedness and any other instruments required to be
executed in order to consummate the transaction.
The revenue certificates of indebtedness issued hereunder shall not
be deemed to constitute a general obligation of the City of Miami Beach
and they shall not obligate the City, directly or indirectly, or con-
tingently, to levy or pledge any form of taxation for their payment,
either principal or interest, but shall be payable solely and exclusively
from revenue derived from the following: Fines and forfeitures; Licenses;
Permits; Normandy Isle Golf Course; Bay Shore Golf Course; Playgrounds;
Bathing Beach; Vehicle Inspection; Rents and Leases; Tapping Service;
Water Sales; Bus and Jitney Franchise, commonly referred to as "Departmental
Revenue", (unless such certificates are hereafter ratified and approved
at an election held in accordance with Section 6 of Article IX of the
Constitution of Florida) , and the City covenants with the seller and the
holders of such revenue certificates that it will not create any lien,
debt, charge or encumbrance on the property herein authorized to be pur-
chased or the revenues of such property having priority over the certi-
ficates herein issued, and that it will not sell, mortgage, lien or other-
wise dispose of or encumber the property without consent in writing of
the holders of such revenue certificates, and in the event of the sale or
lease of any of such property, it will, if required, pay the proceeds on
account of the principal or interest of any unpaidand outstanding revenue
certificates.
That all resolutions or parts thereof in conflict herewith be and
the same are hereby declared to be superseded hereby and inoperative to
the extent of such conflict.
IT IS FURTHER RESOLVED, that the City Clerk be and he is hereby
directed to furnish to Louis Miller, Harry A. Miller, and Jeanne E. Miller,
his wife, a certified copy of this resolution.
PASSED and ADOPTED this 9th day of November, A. D. 1949.
ATTEST: Mayor
City Clerk
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11-4111 1111
THE MIAMI BEACH FIRST NATIONAL BANK
MIAMI BEACH, FLORIDA
F. LOWRY WALL
Preskientend054,/,77d/2 0 the mid January 3, 1950
Mr. C. W. Tomlinson
City Clerk
Miami Beach, Florida
Dear Sir:
This is to notify you that effective January 3, 1950
Louis Miller, Harry A. Miller and Jeanne E. Miller as-
signed and delivered to The Miami Beach First National
Bank all of their right, title and interest in and to
ten (10) certain City of Miami Beach, Florida Revenue
Certificates of Indebtedness, each in the amount of
$25,650.00 together with interest thereon at the rate
of 32% per annum payable semi-annually on the 17th
day of November and May of each year. /
In accordance with the above assignment and our being
the sole owner of the certain certificates of indebtedness
herein above mentioned, please forward and make payable
to the bank the semi-annual payments of interest.
Your acknowledgement of this letter will be appreciated.
With kind regards and a happy New Year.
Very truly yours,
212
President
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