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Home My WebLink AboutR-02775RESOLUTION 1TO, 27754 A RESOLUTIOI. AUTHORIING THE CITY MANAGER AG R TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF MIAMI, A LEASE WITH 'LORIDA MOTOR MARTS INCORPORATED, GBOIM Mina., AND E : A V. " RYEL, HIS ','FIFE, FOR CERTAIN PROPERTY DESCRIBED IN SAID LEASE TO BE USED FOR STREET PURPOSES. BE IT RESOLVED 3Y THE COMMISSION OF TT CITY OF That the City Manager be, and he is hereby, authorized and empowered to exeoute, for and on behalf of the City of Miami* Flori— de, a lease with FLORIDA MOTOR LLL TS INCORPORATED,- GEORGE WHYEI and MMA V. HYEL, his wife, for certain property described in such lease to be used for the purpose of opening S.E. 3rd Street and S.E. 4th Street, from South Miami Avenue to S.E. 1st Avenue, said lease being in the following form, to -wit: THIS INDENTURE OF LEASE Made this day of A.1). 192 , between FLORIDA MOTOR ;a1R`.12S INCORPORATED, a corpora tioii existing under the 1a ws of the State of Flori- da, G:ORGE 'Z'YEL AND ELsia V. 11Y2L, his wife, hereinafter called the Lessors, and the CITY OF MIALZ, Florida, a muni- cipal corporation, hereinafter called the Lessee. .:ITI:EaSEi:i: That for and in consideration of the sum of One Dollar 01.00) to it in nand ?aid, the reoeiat of which is hereby acknowledged, and other valuable considera- tions herein set forth, the said Lessors do grant, bargain and lease unto the said Lessee upon the specific terms and conditions herein stated, the following property, being a Bart of the property known as the Budge Lot, situated in Fort Dallas Park, in the City of Mimi, Dade County, _'lori- da, to be used continuously by the said Lessee for public street and hiahc,'ay purposes only, to -wit: _. certain strip of land fifty (50) feet wide running across and from the East to the aeat line of the tract of lend shorn as "Flori- da :.:otor i.:arts Incorporated" upon the certain plat hereto attache,d, and Made u part hereof, and to which said plat reference is here mid() for a complete description of the fifty (50) foot strip of land demised under this lease, said fifty (50) foot strip beili ' described and desi'rnated on the said plat as "b. -J. 4th street". tccir of this lease shall beAn from the date on which the lease ^Arall becoe e,:fective and continue until the 9th day of ..arch, D. 2024. It is ulider.:tcod and a=reed by the o rti es hereto that the rola ti old of the Lessors to the ro uert- nere in described is •Js follows .; e : ai3 ^t o _e .hyel hol�1s t'n. ;aid 1)ro�aer- t, ^i o':.'n Oil the a tt;aw'!: e'1 is a s, `'loi'id u ..rotor ,.aal'ts Tnoo r- ,,o a 4'.., under a le,J :e and dei'._se of .:,iii3 ,)r afar tzi fr or_1 :,lice ...,i'nel', a ,..otor ri (� £Zicoi•lior.,tad !lta:: ente ed into ::1"a avreehiont with the i !)ye1 by .;n. terms, of ,...ich it is 1,r•ovided that _''i' ,J!1 .h3 .)t): Li' iu'' of certain covenant.; set out in sLld con- tra l /'T �� ;t are'! he :.ic.� !.,ent tot' e s.iir; �cor ::e '..h?yel of certain :. '- Eulf; !:a),I( de: crib. i.. ill contract. itS the said Rt 6z7 t':ii. e :ec,kte .1!ld deliver to^.:'1Orid a ._otor .._arts Tllcor oratc'a 'ail ar sLrllr .e t of!t)1- lease bell by the1C1 .hyel frog:l the 2Er, . .i 1 y.J2. .ai'I1er Lind _.lice .:ariiL;r, as aforesaid. Tt is .e'r r- _----TY re se rated that the EE1 '1ILOJit o_ one lease 'il'Ol'l the sr,id ;eor�e :i:yel to tip,: .'lei. ir1(.: ...ot0r ...arts Inc or .ore ter: is about to J o'_ 1.:uil tt. 1 1' : r t t; 'i r � i�il dGO�)t1ti1t ° t_.� :!'Ca.',1.1011 C�'i 1;?!F. Tee ti0rti to tLt-J leased ' fO eft tarEyf t :e ,:OVe described Lothti:e aid=eu,,; F'' l�ti! �e M 411 1r _ i,� art; s � U�•1� � to i , .c:)i•arated a .1 __ i i 1\ 0 . are joiiiine: in the execution ofthis lease to the City of Miami, the execution of this lease by the Lessors being intended to convey to the City of Miami for period of ninety-nine ;ears the ri ts elsewhere herein described, and further, to serve as an agreement on the part of the 7'1orida Motor :.arts Incorporated th€j t the lease of the property to the City of Miami shall in no wise affect the contractual relationship now existing between the said . eorge ;,hyel and the said Florida Motor ::Carts Incorporated. It is understood and agreed that the lease here created small be subject to all the limitations and con- ditions ir"�osed upon the Lessors by that certain contract of lease here inbefore described from A. P. .' arner and wife to George ehyel and :subject to the contract for assignment as it now exists between the said Ueorge Whyel and Florida ;rotor Marts Incorporated as above set forth. It is expressly agreed and understood as an essential part of the consideration for this lease, and as a condi- tion precedent to this lease becoming effective, that the Lessee will extend the street designated on said plat as "S.. 4th street" contineusly from South Miami Avenue to S.E. first Avenue, for the full width of fifty (50) feet, and that the Lessee will extend the street designated on said plat as "a.:. 3rd Street" continuously from South Liami Avenue to S.E. Llirst Avenue for the full width of forty (40) feet, and thot said S.E. 3rd street shall con- stitute the entire Northern bounds/le line of the property of .Florida Motor i.iarts Incorporated, as shown on said plat hereto attached and that the Lessee will acquire the neces- sary property b„.e condemnation or otherwise to reake the said streets ene e,:tensions thereof as aforesaid. The Lessee aerees to pave said streets et the cost of the Lessors, which s nd cost the Lessor: '_eroby agree to pay. ne Lessee here in joins in the execution of this i..rUrie,1t ,7it1_ the full Des ,036 of si?nifyine its consent to ell the terms end conditions under '71?ic:i' the Lessors hold the ereltorte herein leased rider the L Oresaid assi u1- ment of ltea `e to the L€ sor s herein aiid the terms 6/1d co1idi.- ti )nv u";on •,:.rich this lease is e•eecuted. :0p the ,.a tees here to neve ceused there pre.:....e to to be !a -op 11 e.:ecutec9 the dam" and ','ear . v J .irst ebove . ritten. ` eeere ter :e.:ie i 1;iJ t. e fir 0ILCo �. 1oa ed.. eee:lee i,ee eeeeece 1 BY 0 • CheIrma n of the rd _ • • . `.