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03-04-1939 Special Meeting MINUTES OF ,THE SPECIAL MEETING OF MIAMI SHORES VILLAGE COUNCIL Mar. 4, 1939 A Special Meeting of the Miami Shores Village Council was held on March 4, 1939, in the Village office at 7:00 P. M. The Mayor and all members of the Council along with the Village Attorney and the Village Clerk were present. Mr. George E. Holt, Village Attorney, reported further on negotiations with the W. P. A. concerning the re-opening of work on the Golf Course and Club House and upon motion made by Mr. Gordon and seconded by Mr. Lindsey, Ordinance No. 74 was unanimously passed j and adopted, a copy of same being attached to and made a part of these minutes. The Council then discussed the matter of Attorney fees in this case and upon motion made by Mr.Pruitt and seconded by Mr. Lindsey, the Council authorized that $300.00 be paid on account to George E. Holt, the full amount to be determined at a later date, said $300.00 to be charged against the Golf Course. Meeting was adjourned. As Villag- nager an C erk ARPROVED BYCOUNCIL: V� If 0 MeWor 1 i� 1 MIAMI SHORES VILLAGE ORDINANCE NO. 74 AN ORDINANCE CANCELLING AND SETTING ASIDE THAT CERTAIN AGREEMENT ENTITLED "MIAMI SHORES GOLF AND COUNTRY CLUB OPERATING CONTRACT" BEARING DATE OF DECEMBER 1, 1937, MADE AND EXECUTED BETWEEN MIAMI SHORES VILLAGE AND MIAMI SHORES GOLF AND COUNTRY CLUB, INC. , A NONPROFIT CORPORATION UNDER THE LAWS OF THE STATE OF FLORIDA, WHICH SAID CONTRACT RELATES TO THE OPERATION AND MAINTENANCE OF THE VILLAGE GOLF COURSE AND CLUB HOUSE, AND AUTHORIZING AND EMPOWERING THE MAYOR AND VILLAGE MANAGER AND CLERK TO EXECUTE ANY AND ALL NECESSARY INSTRUMENTS TO CANCEL AND SET ASIDE SAID CONTRACT AND TO CARRY OUT THE PURPOSE AND INTENT OF THIS ORDINANCE SUBJECT TO THE APPROVAL OF THE VILLAGE ATTORNEY AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY MIAMI SHORES VILLAGE: SECTION 1. That that certain contract and agreement entitled "Miami Shores Golf and Country Club Operating Contract" bearing date of December 1, 1937, made and executed between Miami Shores Village and Miami Shores Golf and Country Club, Inc. , a non-profit corporation under the laws of Florida, relating to the operation and maintenance of the Village Golf Course and Club House be, and the same is hereby mutually cancelled and set aside as between said Village and said Miami Shores Golf and Country Club, Inc. SECTION 2. That the Mayor and Village Manager and Clerk are authorized and empowered to execute and deliver said mutual agreement for cancellation of said contract described, substantially in the form attached hereto and made a part hereof as through fully set out herein, and to execute and deliver any and all further instruments and agree- ments necessary to carry out the intent and purpose of this ordinance, all of which shall be subject to the approval of the Village Attorney. SECTION 3. Each word, phrase, sentence or section of this ordinance shall be severable and the invalidity of any word, phrase, sentence or section shall in no way or degree impair any other part or parts thereof. SECTION 4. This ordinance shall be effective immediately upon its passage. SECTION 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed. UNANIMOUSLY PASSED AND ADOPTED this 4th day of March, A. D. , 1939. ATTEST: o M. Carlisle Mayor, C. Lawton McCall Village Manager and Clerk THIS AGREEMENT, made the fourth day of March, A. D. , 19399 ; by and between MIAMI SHORES VILLAGE, a Municipal Corporation of Florida, in Dade County, hereinafter called "Village", A N D MIAMI SHORES GOLF AND COUNTRY CLUB, INC. , a non-profit corporation under the laws of , Florida, hereinafte. called "Operator", WITNESSETH: d WHEREAS, a certain contract was made and entered into by and between the Village and the Operator, bearing date of December 1, 1937, relating to the operation and maintenance of Miami Shores Village Golf Course and Club House, and WHEREAS, the said Golf Course and Club House have not yet been completed, and that the time for the performance of said contract has not arrived, and said contract has never been performed nor carried out by either of said parties thereto, and WHEREAS, it is now the desire of said Village and said Operator to cancel said contract and hold the same for naught, and each to relieve the other of any liability whatsoever by reason thereof. NOW, THEREFORE, in consideration of the mutual covenants herein made, it is hereby covenanted and agreed by and between the Village and the Operator and said contract entitled "Miami Shores Golf and Country Club Operating Contract" bearing date of December 1, 1937, as fully set out and approved in Ordinance No. 64 of said Village, be and the same is hereby cancelled, set aside and held for naught, and the said parties thereto are hereby relieved and released of any liability whatsoever, by reason thereof. IN TESTIMONY WHEREOF the parties hereto set their corporate signatures and seals by their respective officers hereunto duly authorized, on the date aforesaid. gIAMI SHORES VILLAGE (SEAL) Signed sealed and delivered By Jno. M. Carlisle In the presence of: As Mayor gg . dolt George E. Holt oVgd: � I11, ATTESTED WITH CORPORATE SEAL AYpT Att° C John A. Mahood Lawton McCall As Village Mgr. MIAMI SHORES GOLF AND COUNTRY George t. Holt (Seal) CLUB, INC. (SEAL) . . . . . _ John A. Mahood By_ Jno. M. Carlisle President ATTESTED WiITH CORPORATE SEAL C. Lawton McCall Secretary STATE OF FLORIDA ) SS. COUNTY OF DADE ) BEFORE ME personally appeared JOHN M. CARLISLE and C. LAWTON McCALL, to me well know and known to me to be the Mayor and Village Manager, respectively, of MIAMI SHORES VILLAGE, a Florida Municipal corporation, of Dade County. , the corporation named in the foregoing instrument, and known to me to be the persons who as such officers of said corporation, executed the same; and then and there the said John M. Carlisle and the said C . Lawton McCall did acknowledge before me that said instrument is the free act and deed of said corpora- tion by them respectively executed as such officers for the purposes therein expressed; that the seal thereunto attached is its corporate seal by them in like capacity affixed; all under authority in them duly vested by the laws and ordinances relating to said MIAMI SHORES VILLAGE. WITNESS my hand and official seal this 4th day of March, A. D. , 1939. John A. Mahood Notary Public In and for said County and State My commission expires June 16,1939 STATE OF FLORIDA ) COUNTY OF DADE ) BEFORE ME personally appeared JOHN M. CARLISLE and C . LAWTON McCALL, to me well known and known to me to be the President and Secretary, respectively, of MIAMI SHORES GOLF AND COUNTRY CLUB, INC. , the corporation named in the foregoing instrument, and known to me to be the persons who as such officers of said corporation, executed the same; and then and there the said John M. Carlisle and the said C. Lawton McCall did acknowledge before me that said instrument is the free act and deed of said corporation by them respectively executed as such officers for the purposes therein expressed; that the seal thereunto attached is its corporate seal by them in like capacity affixed; all under authority in them duly vested by the Board of Directors of said corporation. WITNESS my hand and official seal this 4th day of March, A. D. , 1939. John A. Mahood Notary Public In and for the County and State aforesaid. My commission expires June 16,1939.