04-28-1939 Special Meeting j
MINUTES OF THE SPECIAL MEETING
OF MIAMI SHORES VILLAGE COUNCIL
April 28, 1939
A Special Meeting of the Miami Shores Village Council was held
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on April 28 1939 for the P , , purpose of discussing an Agreement
amending the Agreement between Miami Shores Village and Bessemer
Properties, Inc. , dated March 25, 1939, and upon motion made by
Mr. Pruitt and seconded by Mr. Kitson, the Council unanimously
approved and authorized the official signing of this Amended
Agreement, a photostatic copy of which is attached to and made a
part of these minutes.
Meeting was adjourned.
As Villa-g"a Managpf & Clerk
APrqVED BY T OUNCIL:
Mayor
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THIS AGREit;MOT made and executed this day of Ori 1, b.
b and between MIA1vLT SHORES VILLAGE, a Florida Wmicipal Corporation
1939. y
in D:;le County, herein called "Mortgagor", a N D BESSLIUR PrOPERTIES, IN-
�t- CORPORATl9, a Delaware Corporation, &athorized to transact business in
Florida, called "Mortgagee";
W I T N E S S E T H: For and in consideration of the mataal
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covenants of the parties hereto and other good and valuable considerations,
it is hereby STIPULATID AND AGRErM by and between the parties hereto that
1, the agree-Hent between these parties dated ;",arch 25, 1939 (relating to the
mortgage dated December 1, 1937 and recorded among the Public Records of
Dade Cotuity, Florida in Mortgage Book 1092, page 48) be modified and amended
on page two (2) at the end of the thirteenth (13t:) line by adding to the
suntance ending with the arords "with this agreement " the following words:
"provided that this right to foreclose shall only apply
In the event*. -- first, there shall be a bona fide
abwidonment of the golf course and club house as such
for a continuous period of nine months, and second -
the deterrin.,: ....,a as to whether the abandonment shall
have been bona fide is adjudicated by a court of com-
petent jurisdiction. "
so that the lapt two sentences of the agreement as modified and amended, be-
ginning with the last word in the ninth (9th) line of the second cage, shall
read as follows:
Isthe agreement of the mortgagee to forbear to foreclose as
hereinbefore provided shall only continue during such
ti-f- f. paid k": 1` �.� zrbL shall be operated as a golf coursL-
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1 ,.; °r,�-uY`' , " %i` , •g ^';p 1 ^as*. ?Yat r th t
t� to for,,,. 'os�:: shall only apply in the event: - first, there
s'?LUl be a bona, fl da abandonment of the golf course and
club house as such for a continuous period of nine
's months, and, second - the determination as to whether
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the abandonm-.nt shall have been bona fide is adjudi-
cated by a court of competent jurisdiction. As modi-
fied by t; ia supplemental agreement the rights and
remedies of the mortgagee under its said mortgage
are herr-.'Ly ex,}f --lyl raserved and confirmed. „
IN WITTESS 1EERE F 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 hereunto affixed, the
day and year first above mitten.
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Signed, sealed and delivered MI SH(JRr..S VILLA
CE (S�ri►I.)
in the pr:s of:
BY
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AT T WITH CORPORATE SEAL
Village Ma mer.
BESSEIER PMPERTIES, INCORPORATED
BY
Vice-President
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Assistant Secretary
T
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ry
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STATE. OF FLORIDA )
: SS.
CO?JNTY OF DADF. )
Bn;11o" ME, personally appeared, JOHN M. CARLISLZ and
C. iAkiiTON :ScCAWu, to me well kxown and known to me to be the Mayor and
Villege Manager, respectively, of IUAIII SHORES VILLAGE, a Florida Municipal
Corooration of Dade County, the corporation named in the foregoing instru
:Hent, tire, known to me to be the persons who as such officers of said
corporation, executed the sane; and then and tbere the said John M. Carlisle
,and the said C. Layton McCall did acknowledge before me that said instrarrent
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 -antler
authority in them duly vested by the laws and ordinances relating to said
MIAMI SHORES VILIAGE.
WITNESS my hand and official seal this Wk,day of
,April, A. D. tq39.
Notary Public in and. fo said
County and State.
My commission expires:
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STYE 07 NEW 701M )
: SS.
CUUM OF Ak;Ii YOF%
z BEFORE ME, personally appeared HOWARD PHIPPS and ROULHAC
A0:,az'N, to me well known and known to me to be the Vice-President and
Assistant Secretary, respectively, of BESSEIM PROPERTIES, INCORPORATIM, a
Delaware Corporation, authorized to transact business in Florida, the corpora-
tion named in the foregoing instrument, aid 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 Foulhac Anderson did acknowledge before Tie that
said instrument is the free act and deed of said corporation by them respectively
executed as such officers for the purposes therein e2Tresscd; that tte seal
thereunto attached is the corporate seal of said corporation by them in
lilce capacity affixed; all under authority in them duly vested ty the ward
of Directors of said corporation.
WITNESS my hand and official seal this l day of
April, A. D., 1939.
Notary Public in andfor said
County and State.
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My commission expires! -."0
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'TRITE OF FLORIDA, ?
to UNTY OF DAA �
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