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Home My WebLink AboutO-2006-023 Dania Beach Grill Amendment ORDINANCE NO. 2006-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A SECOND AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS THE DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS TO PROVIDE THE TENANT AN OPTION TO RENEW THE CURRENT FIVE YEAR LEASE TERM FOR AN ADDITIONAL FIVE YEARS, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That a Second Amendment to a Lease Agreement existing between the City of Dania Beach, as Landlord, and Dania Beach Grill, Inc., a Florida Corporation, as Tenant, and covering the property known as the "Dania Beach Grill" and more particularly described in the original Lease Agreement, a copy of the Second Amendment to Lease Agreement is attached and made a part of this ordinance as Exhibit "A", is approved. Section 2. That the proper City officials are authorized to execute the Second Amendment to Lease Agreement on behalf of the City of Dania Beach, Florida. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall be in force and take effect immediately upon • adoption. PASSED on first reading on June 13, 2006. PASSED AND ADOPTED on second reading on June 27, 2006. ,4 .�.0 PATRICIA FLURY / MAYOR—COMMISSIONER ATTEST: LO ISE STILSON, MC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: • BY: 1 TH MA$ J. OSBRO CITY ATTORNEY 2 ORDINANCE#2006-023 t SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND DANIA BEACH GRILL,INC. This is a Second Amendment to a Lease Agreement, which Lease Agreement exists between the City of Dania Beach, Florida, as Landlord ("Landlord") and Dania Beach Grill, Inc., a Florida corporation as Tenant ("Tenant"). This Second Amendment is entered into and becomes effective on 2006, and it is an amendment to the existing Lease Agreement, which Agree= t is dated February 14, 1999 (the "Agreement"). The Landlord and Tenant wish to amend the Agreement, to afford the tenant an option to renew the Lease term. In consideration of the mutual covenants, terms and conditions contained in the Agreement and this Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree to the following: 1. Term. Paragraph 3 of the Agreement entitled "TERM", is amended to add the following: The parties agree that Tenant shall have the option to renew the Lease for an additional five (5) year term which would begin immediately after the current term expires, which term will expire on February 15, 2009. Tenant shall provide notice of its exercise of such option at least three (3) months before the current term is set to expire. • Such option may only be exercised if Tenant is in full compliance with the provisions of the Lease and the rental is current. 4(a): 2. Paragraph 4, entitled "RENT" is amended to add in the following to subparagraph If the option to renew is exercised, the annual rental then being paid shall be increased by four percent (4%) for the first year of the option term, and shall increase by the same percentage for each remaining year of the option term. 3. Paragraph 20, entitled "TENANT'S RIGHT OF FIRST REFUSAL" is deleted. 4. In all other respects, except as amended by the Amendment to Lease and this Second Amendment, the Lease is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Second Amendment on the day and year first above written, effective retroactively on the date specified above. LANDLORD CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: BY: /lG i Patricia Flury Mayor- Commissioner Louise StilsonjCity Clerk Iv Pato, eity nanager oyc:T/.v G- APPROVED AS TO ORM AND CORRECTNESS: BY: ; Thomas J. Ansbid, City Attorney • TENANT: Signed, sealed and delivered DANIA BEACH GRILL, INC., in the presenc�:of: a Florida corporation �. Louis Demas, President Print Name Signature Print Name • 2 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on. Y` 52rr 2006, by Louis Demas, as President of Dania Beach Grill, Inc., a Florid 'corporation, on behalf of the corporation. He rs--personally--known---to---me----or has produced_,.,,,��- _, s identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida at large My commission expires: MIRIAM NASSER Notary Public, State of Florida MY COMM. exp. July 9, 2007 Comm.No. DD 230214 • 3 • CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Patty Varney, Finance Director FROM: Tom Ansbro DATE: June 2, 2006 RE: Second Amendment to Lease Agreement Existing Between the City and the Dania Beach Grill; Option to Renew Lease Term • Attached are copies of a proposed ordinance and Second Amendment to Lease pertaining to the referenced existing Lease. As conceptually approved by the City Commission at its May 23, 2006 meeting, the Lease is being revised to give the tenant an option to renew the existing five year term (set to expire in February, 2009) for an additional five year term. This will replace the current Lease provision which affords the tenant a right of first refusal" if the City were to otherwise choose to put the lease out to bid after expiration of the current Lease term. This is ready for City Commission approval (adoption of an ordinance). TJA:slw Attachments NOTICE OF HEARING BEFORE CITY COMMISSION • CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE: NOTICE IS GIVEN that on June 27, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinance: ORDINANCE NO. 2006-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A SECOND AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS THE DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS TO PROVIDE THE TENANT AN OPTION TO RENEW THE CURRENT FIVE YEAR LEASE TERM FOR AN ADDITIONAL FIVE YEARS, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file in the Office of the City Clerk, City Hall, • 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/Louise Stilson City Clerk Run in Sun Sentinel: June 16, 2006 i