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Home My WebLink AboutR-0012022) n() ,7o ei rtiI 7f .,- bf the tate of rida,,Aereinafter,0611.e0he-4*ity''of the first part, r�h -e#shall include ituccesscrs and assigtswhe toter the , e jso requiree(or admitej'and:the Miami Beach tlectric-', '4ana'tthrporation Of:the, State of Florida, hereinafter called he artsolthe_SeCond part,_which terra shall include its successors nd s,'c4hereyer the 'context so requires or admits. li,ititAS.:,.the City Of, Miaeli; ViOrida; 4as.purohaied and ,'_, ,,,. " :,.;,,. i.,...„:..,,, „r',,., •, aken title to ,''''allrailway right's; privileges • -1' ''''.'.:t'',';':,;;;,',.';',::',,x,-",' .,'', • , , ' , ' ; - nd franchisea of' the iSipOraOtion-poiepany:in!, over; uPon:and: ,, hrough the streets a.na iii5iw,,Oftlie94.-Yt,l,f,-;.:10.14,1-14:::::::::::: by iii:T.di:iirli1;ii4*-SiL'it:i4:14, -.',contract, by and ,,,t 0 iOY , we: = 14 AND PPOVID vat!. the 004sent of QUX trsok$ e441pment from the Vest orl of 4s1.1 0340 recedes:7' to make tree '440 of o'.4 so* A$siltble tO '440 Of your oev; 01411 be borne PV rook, Avr met if we sw1,1 *Wave oist4 opflo* ;r etthin r41' tree plarP; eq;11p ola0 on 111140 Wttt OV*1.444.4 trC,,t,L4V er3em Wo4,L ,e1-00! the oorA or #014 cverbe44 electric clulTmeoio, to),,,eth14 16t4 6 ye r •zet in'flre4t ).0:r argoat. !!! „No, 4owt it.4.,4-4*, !• • Erne the 4)4 1ia*1 Elite kV* =int ser, ""r4ictiOn Cortany CompanY Oove RA1240404 3 now 4nd b e been oroupytne 4on 4n4 tmr t4t $trettt r4i;way treek o tte Cemrerly z4:o Illr',!btt3e0 tiL 4forosta tr Laid City of 25,3m1 frot ot TIvr :'treet Avenue I.E.'0 the *feet elAtteA341 4r14: ;%11i1 Clt7 10.4rto the 414.14 5e$ 7100$11,, .043,4111 Btroit r441W4Y *4.4ne;:tdrt4tton tn t4o of A 4 413 t7,117,qprto,tio 44:Yry1411 lif2,4?-4 it no%i evg+11044 404 !C. 004 447 Wirt In1547; 100 6444 sorve utpon tbe tervoe.4:1;: qtwiltitons berempiesor 144 pit .A'tifi." n aeration of the -el of one (..bo) dollar paid by the' "party he first part to the party of the second part, the receipt of hich is hereby acknowledged and other good and valuable consider— tion as well as in consideration of the mutual advantages inuring e .PaXties hereto, it is agreed between the parties hereto as arty cif he first part hereby agrees et, rent, and demise and does hereby let,- rent -the party of the second part, its successors 'end .al 'that certain street railway trackage beginning,at extending thence Southerly along Biscayne Drive acrid Ave.: I .F. j V.E. the - 13th: Street, West. along 13th Street to ice Soutb 'along First Avenue, N.E. , 'to , 'lamer ton lag :said No rStreet to :dorthwest Twelfth Avenue, th;TeSt -Tv elfth. Avenue between Flagler firs w .,x tree t 'to South,vest Thirteenth Avenue; }lea,'' Thirteenth Avenue in' tre center of the Street and •Southwest First 'Street to ren e;.'thence North on Southwest Sixteenth xteenth Avenue to Northwest 'Seventh Street. street railway equipment used ,aid .,traction system wbici j ie ry trot . ey let . feeders) trolley 'ty of term t. each ■..■in�w� IIlI! iiRIII 11I I111pU!l!111 month thereafter until the last month, which shall be apportioned. AND IT 25 FURTHER UNDtPSTOOD AND Aa'1 D between the parties hereto 1. That the party of the first part shall and will fully, and at its own expense, equip the present street railway tracks above designated for immediate use and operation. 2. That said City will furnish eight new street oars, necessary fare boxes and spare armature, for the use and operation by the party of the second part in performance of this agreement. 3. That all new or extension work shall be installed at the expense of the party of the first part. IT IC FURTHER UNDERSTOOD AND AGREED between the,parties hereto that the party of the second part agrees: 1. That it will maintain a street railway service within the City Limits upon the above leased lines, giving approalimately a ten minute interval between cars. 2. That it will establish and maintain a ten cent fare from any point along said line to any other point along said line within the present City Limits. 3. That it will continue the present ten cent fare to and from any point between the corner of F1agler Street and First Avenue, N.7., an: entrance of Causeway to and frorn any regular Ntorpirij pl.Lce on its lines in Mimi Beach. 4. It wil establish and maintain a fifteen cent fare to ana from any print West of the Corner of N lagler Street and First !.ve n'.;e, ',E. , an: :lortn of N.E. 13th Street to and from any regular o1:. in:_ j.1';ce on its lin : , in .Liillzii Beach. 5. TL..c it will establis:: an maintain a five cent fare oetwen any tl•;.d i.oint:a within te City Limits for school children, ;;cin,, tc and frolL :c:.cc1 between +ne ho-:,rs of ..even thirty a,.m, and four t:;i ty ;.,rr.. That t wil maintain the Ci' y property, namely trackage, mil trc,lley sy::tar.:, wires, poles an cars in first class conditiQn, w A 11111■ 01111 natural wear and tear excepted. IT IS FURTHER AGREED between the parties that tha part y o of the first part hereby authorizes and appoints party of the second part as its agent to buy the necessary material and do the necessary labor to equip the tracks and overhead trolley system for proper operation of street cars, submitting appWoved bills therefor to the City for approval and payment, provided the expenditures shall not exceed the sum of ten thousand two hundred fifty (010,250.00) dollars. The party of the seoond part agrees that it will furnish the necessary engineering and managerial service and supervision of construction without charge. IT IS FU7THER AGREED BETWEEN THE PARTIES HERETO that upon the failure of the party of the second part to pay the rent herein reserved when due or upon its failure to perform any one of the other agreements by it made and entered into, then this lease shall at the option of the party of the first part, be forfeited and terminated and all the rights of the second party hereunder shall cease and the party of the first part may enter upon and take possession of all of the property described in this lease without in any wise becoming a trespasser, and the failure of the party of the first part to take possession of said leased property at any times aforesaid, shall not be deemed a waiver of any of its rights under this lease, nor estopp it from afterwards assert :n? said rights or any of them. And the said party of the first part doth hereby covenant with the said party of the second part, its successors and assigns, tr�wt it or they, performing or observing all of the covenants by the said party of the second part herein contained, may quietly hold and enjoy the said propert: during the said term, without any interruption by the said party of the first part or of any person claimant; through or under it. And it is further expressly unerstood and agreed by the parties hereto as part consideration for the execution of this lease f9 W.• Miari i • that the party of .the second part shall fully and ooMpletel1 ifdeify and hold harmless the said party of the first part from all claims and damages of any kind, whether to property, life or limb, caused by the running or the operating or the maintaining of said leased property by the party cf the second part and will, at its own ooet and expense and without cost or expense to the party of the first part, defend all actions or suite of any kind which may be instituted or brought against the party of the second part by or on account of the running, operation or maintenance of the said property hereby leased or any part thereof, and it further agrees to pay off and discharge and satisfy any judgment including the costs and expense thereof which may be had or recovered against the said party of the first part on account of the running, operation or maintenance of the said property hereby 1':ased, and upon the payment of any such judgment, costs and expense by the party of the first part, then the party of the second part shall at once owe to the party of the first part the amount so paid and the same shall be immediately due and payable by the party of the second part to the party of the first part. It is further agreed by the parties hereto that if any claim for damages of any kind, whether to property, life or limb, caused by the running or operation or maintaining of said leased property shall be made against the City of Mimi, it shall prompt— ly notify the party of the second part of such claim so as to give it the right to adju:;t, compromise or otherwise settle the same, and if suit shall be brought against the party of the first part for any claim or damage of any kind, whether to property, life or limb caused by the runnincr or operating or maintaining of said leased property, that the said party of the second part shall be promptly notified as to the institution of Raid suit and shall cue given the right to appear by its counsel in oonjunction with the City Attorney in the defense of the said suit or suits. Se cretary. TAMED AND ADOPTED tbie .44-e( day o A. D. 1922. 4