O-74-39 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, 1957s
MADE AND EXECUTED BETWEEN MIAMI SHORES VILLAGE AND
MIAMI SHORES GOLF AND COUNTRY CLUB, INC., A NON-PROFIT
CORPORATION UNDER THE LAWS OF THE STATE OF FLORIDA,
WHICH SAID CONTRACT RELATEB 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 ALLNECESSARY
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
ttMiami 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
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A G R E E M E N T
BETWEEN
MIAMI SHORES VILLAGE, a
Municipal corporation of
Florida,v in Dade County
- AND -
MIAMI SHORES GOLF AND COUNTRY
CLUB, INC., a non-profit
corporation under the laws
of Florida.
DATED - March 42 . 1939.
Irb
THIS AGREEMENT, made the fourth day of March, A. D., 19393,
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, hereinafter called "Operators, WITNESSETH:
M EREAS, 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
VPBREAS, 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 'Pillage 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 that 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 releaselof .a.ny liability
whatsoever, by reason thereof.
IN TESTIMONY WHEREOF the parties hereto set their corporate
signatuves and seals by their respective officers hereunto duly authorized,
on the date aforesaid.
S ed, sealed and delivered MI SHORES L GE (SEAL)
the presence of:
BY
':5, As M or.
Z�4-W_ _"e�jATTESTED WITH CORPORATE SEAL
/ village ager.
MIAMI SHORES GOLF AND COUNTRY
CL , INC. (SEAL}
BYa ,,
Pre ' den .
VATT-=ED WITH CORPORATE SEAL
° ecretary.
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 corporateseal
by them in like capacity affixed; all under authority in them duly vested
by the laws and ordinances relating to said MIAMI SHORES V LLAGE.
WITNESS my hand and official seal thi day of
March, A. D., 1939.
ary b cand r aid
County and State.
y commission expire
STATE OF FLORIDA )
SS.
COUNTY OF DADE )
BEFORE ME personally appeared JOHN M. CARLISLE and C.
LAWTTON 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
corporationnamed 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 Zander authority in
them duly vested by the Board of Directors of said corpor tion.
WITNESS my hand and official seal this day of
March, A. D., 1939.
L
4ry5 Public inand for they and State afore aid_.
My commission expir ,�