03-27-1939 Special Meeting � t
MINUTES OF -THE SPECIAL MEETING
OF MIAMI SHORES VILLAGE COUNCIL
March 27, 1939
The Miami Shores Village Council held a Special Meeting at 1001- Florida
National Bank Building on March 27, 1939.
All members of the Council were present along with the Village Attorney
and the Village Clerk. Mr. Roy H. Hawkins of :Bessemer Properties, Inc. ,
t
was also present.
L
s 1 The proposed Supplemental Agreement between Miami Shores Village
i
and Bessemer Properties, Inc. , was presented in final form and upon motion
made by Mr. Lindsey and seconded by Mr. Gordon, the Council unanimously
approved same and authorized .the Mayor and the Village Manager to execute
same in behalf of the Village, a copy of said Supplemental Agreement being
attached to and made a part of these minutes.
Upon motion made by, Mr. Pruitt and seconded by Mr. Lindsey, the
Council authorized that expenses and a fee of $1500.00 be paid to
E George E. Holt, Village Attorney, and directed that said payments be
equally divided between the Village Contingent Fund and Golf Course Funds
received from the mortgage to the Bessemer Properties, Inc.
Meeting was adjourned.
52
Ci�iGL" G
As V llage Manager nd Clerk(
APPROVED BY T UNCIL:
May
i
THIS AGREEMENT made and executed this 25th day of March, A. D. 1939,
by and between MIAMI SHORES VILLAGE, a Florida Municipal Corporation in
Dade County, called "Mortgagor", A N D BESSEMER PROPERTIES, INCORPORATED,
a Delaware Corporation, authorized to transact business in Florida, called
"Mortgagee";
W I T N:_ E S S E T H: For and in consideration of the mutual
covenants herein contained and other good and valuable considerations,
it is hereby STIPULATED AND AGREED that if a default occurs under that
certain mortgage and agreement bearing date December 1, 1937, recorded
in the Public Records of Dade County, Florida, in Mortgage Book 1092,
page 48, made and executed by and between the parties hereto, and be
asserted by said Mortgagee, said golf course and club house may never-
thel6ss and shall be maintained and operated by the Village Golf Course
Committee consisting of ROY H. HAWKINS, JOHN M. CARLISLE,
and GEORGE T. CLARK, who hereby are approved by all
parties and which committee shall maintain and operate said golf course
continuously as a municipal golf course until such default or defaults
be fully cured by payment or other compliance with said mortgage accord-
ing to the nature of the defaults, but not exceeding ten years from com-
pletion of construction of said golf course; and provided such be done,
said mortgagee shall forbear from and shall hold in abeyance during such
operation of said golf course by said committee, but such forbearance
shall in no event extend beyond a day ten years after the completion of
the construction of said golf course, a sale under foreclosure of said
golf course lands or club house or other property by said mortgage en-
cumbered, said forbearance to be extended during periods of default, it
any, successively or from time to time occurring, but under no circum-
stances shall extend beyond a day ten years from completion of construc-
tion of said golf course, and that the remaining members or member' of
said golf course committee shall have sole and unrestricted power and
authority to fill a vacancy or vacancies, if any, occuring in its mem-
bership during said ten years.
In connection with and for their services while in charge
of said golf course the members of said committee shall receive their
expenses and reasonable compensation to be fixed by the Village Council
payable from the revenues of said golf course and club house; and all
revenues of or from said golf course and club house above such charges
and operation and maintenance of said course shall be applied toward
discharge of said mortgage according to its maturity, so far as such
surplus revenues may extend and in the manner contemplated in said
mortgage and in the ordinance of the Village heretofore adopted. The
agreement of the mortgagee to forbear to foreclose as hereinbefore,
provided shall only continue during such time as said golf course
shall be operated as a golf course in conformity with this agreement.
As modified by this supplemental agreement the rights and remedies of
the mortgagee under its said mortgage are hereby expressly reserved and
confirmed.
IN WITNESS WHEREOF the parties hereto have caused these
presents to be executed in their corporate names and by their corporate
officers duly authorized thereunto and their corporate seals to be here-
unto affixed, the day and year year first above written.
Signed, sealed and delivered MIAMI SHORES VILLAGE (SEAL)
in the presence of:
BY JNO. M. CARLISLE
GEORGE E. HOLT As Mayor.
MAY E. POTTER ATTEST WITH CORPORATE SEAL
C. LAWTON McCALL
Village Manager.
BESSMER PROPERTIES, INCORPORATED
BY HOWARD PHIPPS
Bess McDougall Vice-Presiden
ATTEST
Carl H. Anthony
RD .Alley
STATE OF FLORIDA )
SS.
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 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 25th day of
March, A.D. 1939.
MAY E. POTTER
Notary Public in and for said
County and State.
My commission expires: July 27, 1942.
STATE OF FLORIDA )
SS.
COUNTY OF DADE )
BEFORE ME, personally appeared HOWARD PHIPPS
and R. C. Alley to me well known and known to me to be
the Vice-Prestiident and Ass t. Secretary, respectively, of BESSEMER
PROPERTIES, INCORPORATE?, A Delaware Corporation, authorized to transact
business in Florida, the corporation named in the foregoing instrument,
gnd known to me to be the persons who, as such officers of said
corporation, executed the same; and then and there the said Howard Phipps
and R. C. Alley did acknowledge before me that sa d
instrument is the free act and deed of said corporation by them respect-
ively executed as such officers for the purposes therein expressed; that
the seal thereunto attached is the corporate seal of said corporation
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 27th day of March,
A. D. 9 1939.
1 CARL H. ANTHONY
a Notary Public in and for said
County and State.
My commission expires:Mar. 30, 1942