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HomeMy WebLinkAboutR-2000-138 RESOLUTION NO. 2000-138 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN DELORES M. MASSELLI AND THE CITY OF DANIA BEACH RELATING TO PROPERTY SITUATED AT 2229 GRIFFIN ROAD, APARTMENTS 1, 2, & 3; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That the certain Lease Agreement between Dolores M. Masselli and the City of Dania Beach relating to property situated at 2229 Griffin Road, Apartments 1,2, and 3, a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized to execute same. Section 2: That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on the 12t" day of September, 2000. C.K. MCELYE MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES �f VICE-MAYOR BERTINO- YES SHE YL CHAP AN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER MIKES- YES APPROVED AS TO FOR ,, AND CORRECTNESS: BY: I /1 THOM J.kANSBRO CITY-,' TTORNEY 1 RESOLUTION NO. 2000-138 ® LEASE AGREEMENT By this Agreement made on the 1st day of October, 2000, between DELORES M. MASSELLI, whose address is 5640 E. Marina Drive, Fort Lauderdale, FI 33312, (hereinafter called "Landlord") and the City of Dania Beach, whose address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (hereinafter called "Tenant"), landlord leases to tenant the property situated at 2229 Griffin Road, Apartments 1,2 & 3, aka/ Fire Station #93, Dania Beach, Florida as shown on survey prepared by Maurice E. Berry, II dated 10/09/85, a copy of which is annexed hereto as Exhibit "A", more particularly described as follows: Lot 14, Block 1, less road right-of-way, "WEST DANIA HEIGHTS", as recorded in Plat Book 23, Page 49, of the public records of Broward County, Florida. 1. RENT. Tenant agrees to pay, without demand, to landlord as rent for the premises, $1,800.00 per month, in advance, on the 1st day of each calendar month beginning October 1, 2000, at 5640 E. Marina Drive, Fort Lauderdale, Florida 33312 or such other place as landlord may designate in writing, for a period of one (1) year, with the Lease terminating September 30, 2001. 2. UTILITIES. Tenant shall be responsible for the payment for all utility services required on the premises, including but not limited to, electric and water. Tenant shall be responsible for septic tank cleaning and all repairs of the plumbing on the leased premises. 3. PERSONAL PROPERTY. The personal property included with this lease are the following: Three (3) refrigerators, three (3) stoves, two (2) air conditioners, three (3) hot water heaters, and fire extinguishers. Tenant shall keep the personal property repaired and maintained in addition to keeping any fire extinguishers thereon current as required by law. 4. MAINTENANCE AND REPAIRS. Tenant will keep and maintain the premises and appurtenances in good condition and repairs during the term of this lease and any renewal thereof, including lawn maintenance. This is a net lease and the tenant shall be solely responsible for the care and maintenance of the property, except for the replacement of the roof, which will be by the Landlord. 5. STRUCTURAL CHANGES. Any structural changes in the building on the leased premises made in connection with the installation of wall or window air conditioning units by tenant must be fully restored to the original condition upon the removal of such units in a manner reasonably satisfactory to Landlord. Landlord has in previous leases given permission to the Tenant to make an opening between apartments 1 and 2 for access between the two units. Tenant 1 has made such an opening between apartments 1 and 2. Tenant shall repair the wall and place it in the condition in which it previously existed upon termination of the lease. Until the wall is repaired, the Tenant shall continue to pay rent provided in this lease. 6. UPGRADE OF SERVICE. If apartment 3, or any other unit, requires any upgrade in electric or other facilities or utilities, the tenant shall be solely responsible for the payment of such changes or upgrades. 7. SURRENDER OF LEASE. At the expiration of the lease term, tenant shall surrender the premises and appliances in clean and in as good working condition as they were at the commencement of this lease, reasonable use and wear and damages by the elements excepted. 8. INSURANCE. Tenant shall provide liability insurance covering any and all injuries that may occur on or about the premises for all persons coming on or about the leased premises as a result of leasing said premises to tenant. Tenant shall provide verification of said insurance to landlord. 9. DEFAULT. If tenant fails to pay rent when due and the default continues for three (3) days after delivery of a written demand by landlord for payment of the rent or possession of the premises, landlord may terminate this • lease. 10. TERMINATION. Tenant has the right to terminate this lease with a ninety (90) days advance written notice to Landlord. It is agreed that all lease payments due will be pro-rated up through the actual day of termination. 11. BINDING EFFECT. The covenants and conditions contained in this lease set forth the entire understanding of the parties, and shall apply to and bind the heirs, legal representatives and assigns of the parties to this lease, and all covenants are to be construed as conditions of the lease. No provision of this lease may be altered unless a document of equal dignity with this document is executed by the parties hereto. 12. RECOVERY OF COST. In any action taken to enforce or interpret this lease, the prevailing party will be entitled to recover all costs and expenses, including court costs and a reasonable attorney's fee incurred as a result. 13. EXECUTION. If this lease is not fully executed on or before November 15, 2000, the month to month lease shall immediately terminate and the Tenant shall remove itself and make the repairs provided in the previous leases all not later than November 30, 2000. 2 WITNESS our hands and seals this o7g day of September 2000 . N LORD- Dolores M. Masselli TENANT: AT EfiT: CITY QF DANIA CH, FLORIDA Sheryl C apman C. K. MCELY A Acting City Clerk Mayor-Co missioner APPROVED AS TO FO M AND CORRECTNESS: BY: J, By: Th mas Ans 'ro Mi el mith City Attorney Ci anager 3