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Home My WebLink AboutO-2006-044 Dania Beach Grill Third Amendment ORDINANCE NO. 2006-044 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A THIRD 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 FOR DELETION OF THE ANNUAL RENT ADJUSTMENT UNTIL THE END OF THE CURRENT LEASE TERM (FEBRUARY 15, 2009); 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 Third 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, to provide for deletion of the annual rent adjustment until the end of the current lease term (February 15, 2009) is approved, a copy of the Third Amendment to the Lease Agreement, identified as Exhibit "A", is attached and made a part of this Ordinance. Section 2. That the proper City officials are authorized to execute the Third Amendment to Lease 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 That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed.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 November 28, 2006. PASSED AND ADOPTED on second reading on December 12, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: Q LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F RM AND CORRECTNESS: • BY: r' "'), 1 TH MA J. SBRO CITY AT TO EY 2 ORDINANCE#2006-044 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING • ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS GIVEN that on December 12, 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 Ordinances: ORDINANCE NO. 2006-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTERS REGULATIONS" FOR PLACEMENT IN CHAPTER 8, "BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.2006-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING SECTION 2-6 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "MILITARY LEAVE OF ABSENCE FOR OFFICERS AND EMPLOYEES", TO PROVIDE FOR COMPENSATION AND HEALTH INSURANCE FOR PERSONS ON ACTIVE MILITARY DUTY, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.2006-044 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A THIRD 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 FOR DELETION OF THE ANNUAL RENT ADJUSTMENT UNTIL THE END OF THE CURRENT LEASE TERM (FEBRUARY 15, 2009); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances 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)924-3623 at least 48 hours prior to the meeting. /s/Louise Stilson Run in Sun Sentinel: December 1,2006 City Clerk THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND DANIA BEACH GRILL, INC. This is a Third 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 Third Amendment is entered into and becomes effective on'i>Ct /41, 2006, and it is an amendment to the existing Lease Agreement, which Agreement is dated February 14, 1999 (the "Agreement"). The Landlord and Tenant wish to amend the Agreement. 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. Paragraph 4, entitled "RENT" is amended to add the following: For the time period extending from the effective date of this Third Amendment to the Lease until expiration of the Lease (February 15, 2009), the rental shall not be annually increased, as the Lease currently provides (pursuant to Paragraph 3 of the February 15, 2004 Amendment to the Lease Agreement, which created Paragraph 4a) pertaining to rent and a four percent (4%) annual adjustment. 2. In all other respects, except as amended by the First and Second Amendments to Lease and as further amended by this Third Amendment, the Lease is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Third 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: Patricia Flury Mayor- Commissioner 10 - Louise Stilson, CMC Ivan Pato, Ci y Manager City Clerk APPROVED AS TO FO IAND CORRECTNESS: BY: f r Thomas J. Ansbro,City Attorney • TENANT: Signed, sealed and delivered DANIA BEACH GRILL, INC., in the presence of: a Florida corporation Signature Louis Demas, President all r?°�CC Print Name Signs re lu Print Name 2 • STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on Louis Demas, as President of Dania Beach Grill, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produce�do2�'� E�%~ as identification and did (duet- take an oath. NOTARY PUBLIC, State of Florida at large My commission expires: MIRIAM NASSER Notary Public, State of Florin my comm. exp.July 9,2007 Comm. No. DD 23M14 • 3