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HomeMy WebLinkAboutR-1980-356 Exhibit A I � EXHIBIT A LEASE AGREEMENT � 1 THIS LEASE AGREEMENT , entered into this day of -// 4 V 1980, by and between CITY OF DANIA , a municipal corporation organized-and i existing under the laws of the State of Florida (hereinafter referred to as "Lessor") , and MARINE CONVERSIONS, INC. , a Florida corporation (herein- after referred to as "Lessee") , with the terms, "Lessor" and "Lessee" includ- ing their successors, heirs, administrators and assigns wherever and whenever the contents and context hereof so requires or admits. IV I T N E S S E T H i I. GRANT OF LEASE 1.1 Subject to all and singular the covenants, agreements, conditions, stipulations and limitations herein contained on the part of Lessee to be observed, done and performed, and in consideration of the rents herein required to be paid by Lessee to Lessor, and subject to the right of can- cellation and re-entry, or either, as hereinafter stipulated, Lessor in and by these presents does hereby rent, demise and lease unto Lessee that certain real estate consisting of twenty-two (22) acres more or less situate, lying and i being in the County of Broward and State of Florida, more particularly des- j cribed on Exhibit "A" attached hereto and by reference made a part hereof (hereinafter referred to as the "Leased Premises") ; to have and to hold the same, together with all of the rights, privileges, easements and appurten- ances thereunto belonging (excepting mineral rights) , for and during the 1 tern of thirty (30) years from the date this Lease becomes effective (with the S • date this Lease becomes effective being defined herein) (hereinafter refered to as the "Lease Term") or so long as Lessee shall pay the rent stipulated herein, and shall comply with and abide by each of the terms, covenants and conditions herein contained, unless the said term shall be sooner terminated as herein provided , and only during the time of said terms during which Lessee shall pay the rent herein reserved, and during which time said Lessee shall keep and perform each and every agreement, covenant, condition, and provision hereof. 1.2. Immediately after this Lease Agreement is approved by resolution i duly passed and adopted by the City Commission of City of Dania , the City i , i ".tanager of Lessor, on behalf of Lessor, shall deliver unto Lessee the posses- sion of the Leased Premises together with those certain buildings located on the Leased Premises formerly used as a sewer treatment plant , administration building, park and recreational facilities and other improvements. Lessee shall have the right to remove, remodel or expand said improvements and facilities. II. COVENANTS OF LESSEE Lessee covenants and agrees: i 2.1 That upon being granted possession, th6 Lessee shall, within the i eighteen (18) months: i i { A. Build or make improvements upon the Leased Premises as follows: r i (1) Yacht Basin, (2) Park and Recreation Area, (3) Restaurant, (4) Tennis Courts and Pro Shop, (5) Nature Trail, and (6) Civic Center; i B. Cause to be prepared, within ninety (90) days of execution of 1 this Lease Agreement, complete plans and specifications for con- struction or installation of the following: (1) Drainage, I (2) Roadways and Parking, (3) Landscaping, (4) Yacht Basin, (5) Civic Center, (6) Tennis Courts, and i (7) Nature Trails; , Item 5 above, the Civic Center, shall be a minimum of 8,000 square feet and the final design of said facility shall be approved by resolution duly passed and adopted by the City Commission of the City of Dania. i C. At the time of issuance of the final work permits, Lessee shall post a performance bond on all improvements in an amount sufficient I -2- to guaranty the completion of said improvements. Said bond shall comply with the requirements of such bonds as set forth in Section i 255.05 , Florida Statutes (1979). i D . Commence construction on all the above-mentioned improve- ments immediately upon receipt of the final work permits for said ,1 . improvements and diligently pursue said construction so that the same will be substantially completed within two hundred seventy i (270) days after the commencement of such work unless abnormal soil conditions require extraordinary 'excavating and dredging Procedures, "Abnormal soil conditions" shall include rock which may require blasting. The above time period shall be extended for such blasting or other extraordinary excavating procedures. In the event of default of any of the above, or in the event of the failure of the Lessee to obtain any work permit as contemplated by the above within the time frame set forth, either party may terminate this Lease Agree- ment by giving unto the other party thirty (30) days written notice of said default or failure. In the event the default is not cured or the work permit is not obtained within sixty (60) days of receipt of said notice, the party i giving said notice may terminate this Lease Agreement and all work, engineer- ing, planning permits, as well as lease payments paid , shall remain the prop- erty of the Lessor. 2.2. To pay to Lessor as rent for the Leased Premises, a percentage of the annual gross receipts received, directly or indirectly , by the Lessee its s agents, successors, or assigns, under the terms of this Lease Agreement, the i greater of a percentage of gross receipts received by the Lessee or an annual jminimum rental as set forth on Exhibit "B" attached hereto and by reference made a part hereof. i It is the intention of the parties that Lessee may sub-lease portions of the Leased Premises for business purposes in addition to the contemplated dock rentals to be conducted by the Lessee and that the gross receipts received by Lessee for such subleases shall be subject to the percentage distribution payable by Lessee to Lessor as above set forth. 2.3 To furnish to Lessor, at the end of each calendar month, a certifi- cation of the gross receipts of Lessee for the calendar month covered by such -3- 1 certification. All payments for rent and said certification shall be due within ten (10) days after the end of each calendar month. Lessor reserves the i right at all times to audit the books and records of Lessee pertaining to the gross receipts received by Lessee which are the subject of this Lease Agree- ment. Further, Lessor shall have the right to examine sales tax reports of t, Lessee pertaining to the gross receipts which are the subject of this Lease Agreement. 2.4. To pay the installments of rent due hereunder to Lessor at the City Hall, City of Dania, Broward County, Florida. 2.5. To pay all tangible personal property taxes, water rents and all other impositions of every kind and nature whatsoever imposed at any time during the Lease Term upon or against the Leased Premises or any furniture, fixtures or contents placed therein or thereon, and if ad valorem taxes of any nature are assessed against the real estate which is the subject of this Lease Agreement , such real estate taxes shall be paid by Lessee. All such taxes, water rents and other impositions which Lessee is obligated to pay under the terms of this paragraph shall be paid by it on or before thirty (30) days from the date upon which the same from time to time become due and payable; provided , however, that in the event such taxes, water rents and other impositions would become delinquent within a shorter period than thirty (30) i days from the date upon which the same become or may become payable, Lessee shall pay the same in ample time to prevent any delinquency, sale forfeiture or penalty in the Leased Premises. i I 2.6. That any building which may exist thereon during said Lease Term shall be used only for proper, legitimate and lawful purposes, and that Lessee will not use or cause to be used, or permit any person or party to use in any manner whatsoever, the Leased Premises or any building or im- provement thereon, or any portion thereof, for any use or purpose in contra- vention of the laws, ordinances or regulations of the United States or the State of Florida or the City of Dania, or any other lawful authority having jurisdiction thereover. The provisions of this paragraph shall not constitute a default if a sub-lessee of the Lessee violates same unless Lessee fails to evict such sub-lessee within a reasonable period of time after notice of such violation. i -4- J 2.7. That any and all buildings which are or which may become a part of the Leased Premises, shall be kept b P y Lessee, at his own expense in good repair, and in clean, wholesome and tenantable condition, and that general i { health, police and fire regulations shall in all respects be fully complied with i by Lessee, at Lessee's own expense; that the improvements hereafter upon said Leased Premises, and all the sidewalks, ways and approaches in and about the same shall be kept by said Lessee, at his own expense, safe and secure. i i i 2.8. That if any building situate at any time '-upon the Leased Premises i shall be either damaged or destroyed by fire or other casualty during the term hereof, Lessee will repair and rebuild the same as soon as it is reason- ably possible, but in any event within twelve (12) months after such fire or other casualty or destruction, so that said building shall be in equally as good condition, or in better condition than it was prior to such damage or destruction, and such repairing or rebuilding shall be at Lessee's cost and expense, with the understanding that monies collected through insurance may be used for the purpose of such repairing and rebuilding. 2.9. To protect and save harmless Lessor at all times against liability for w- any loss, injury or damage resulting to any property, person or persons as a result of any failure of Lessee to keep the Leased Premises and building and improvements therein, including the ways and approaches thereto in a safe condition, and should any party or parties claiming damages as a result of i jany such failure on the part of Lessee institute any action at law or otherwise ' against Lessor, then in that event it shall be obligatory upon Lessee forthwith to defend said action at its own expense and to indemnify and save harmless 1 Lessor from loss, expense, cost or damage for or on account of such action. Further, in the event of any litigation arising from the granting of this Lease by Lessor to Lessee, Lessee agrees to defend any such litigation at Lessee's sole expense. 2.10. To keep the buildings erected on the Leased Premises, and the furniture, equipment and fixtures therein , at all times insured against loss or damage by fire and windstorm in reputable insurance companies in good standing, licensed to do business in the State of Florida. Such insurance may be in an amount not less than seventy-five (75%) percent of the full -5- i ! insurable value as to fire insurance, and not less than fifty (500) percent of the full insurable value as to windstorm insurance, and as to all insurance, at all times, sufficient amounts shall be carried so as to prevent Lessor or Lessee from becoming a co-insurer (except as to the usual $100.00 deductible clause in the windstorm policy) as to loss or damage, and that the policies of such insurance shall be payable to Lessor and Lessee as their interests may appear. 2. 11. That the cost of procuring and maintaining any and all insurance hereunder required to be procured and maintained ',shall be borne by Lessee, and the policies of insurance aforesaid shall provide therein that in case of loss or damage to the building located on the demised premises, by reason of fire, windstorm or as may otherwise be provided for in said policies of insur- ance, or any of them, the proceeds from the said policies of insurance shall be paid to Lessor and Lessee. 2.12. To carry public and employees liability insurance, also known as owners, landlords and tenants liability insurance, during the Lease Term, the — same to be carried in a sum of not less than Two Hundred Fifty Thousand ($250,000.00) Dollars, as to liability to more than one individual or as the City Commission of the City of Dania may reasonably determine from time to time. Said policy or policies shall be written in the usual form to protect i Lessor and Lessee against damage by accident of any kind or character occurring on or about said Leased Premises, or the buildings or improvements I thereon. l 4 2.13. Not to mortgage or otherwise encumber the leasehold interest i created by this Lease Agreement unless such mortgage or encumbrance is for funds to be used for improvements (soft and hard costs) to be constructed on i the Leased Premises. Lessee shall satisfy or otherwise discharge any and all types of judgment liens which may be placed against the Lessee's leasehold interest during the term of this Lease Agreement within thirty (30) days after receiving notice of such judgment liens. 2.14. That it accepts possession of the Leased Premises subject to all limitations and restrictions imposed on the use of the Leased Premises under the zoning ordinances of Lessor provided the zoning is in compliance with the i I county land use plan and that the Leased Premises may be developed as set forth in 2. 1 above. +� k 2. 15. That Lessor, or its agents, may at all reasonable times enter upon i the Leased Premises for the purpose of examining and inspecting the same. j 2. 16. That if Lessor shall license or permit Lessee, by its failure to insist upon or require performance or otherwise, to violate any provision in this Lease contained, or if it shall waive any right herein provided for, or 'l shall relinquish any benefit herein reserved , such license , permit, waiver or relinquishment shall be strictly limited in effect , without establishing a prece- dent, and without precluding Lessor from thereafter requiring a strict per- formance by Lessee. I 2. 17. That original receipts, or duplicate receipts executed as originals, showing payment of all insurance premiums, taxes, assessments and imposi- tions payable by Lessee shall, upon demand, be delivered to Lessor for inspection and verification within thirty (30) days after demand therefore has been made by Lessor. 2.18. That in the employment of persons to work in the business to be operated on said premises, he will give to local residents of the City of Dania first refusal of the right and privilege to be so employed thereon, but Lessee shall not be required to hire any particular person or persons regardless of residence. 2.19. That it will keep the Leased Premises clean and orderly. More particularly, Lessee shall remove all trash, litter, and refuse from the Leased -rt Premises. 2.20. That rates charged to residents of Dania for boat launching for trailered boats or for the picnic and tennis areas shall be approved by the City Manager. "Residents of Dania" shall mean any citizen that is either registered to vote in Dania or that owns real property in Dania, II1. COVENANTS OF LESSOR Lessor covenants and agrees: 3.1. Lessee shall have the right to the use, possession and occupancy of the Leased Premises for the period aforesaid , subject only to the rights of Lessor as herein reserved , and also to the terms and conditions set forth in this Lease Agreement. 3.2. As to the Leased Premises hereinabovc described , Lessor does hereby fully warrant the title and will defend the same against the lawful claims of all persons whomsoever, t 1 7 3.3. That wherever and whenever the approval of Lessor hereunder is ( required to be given for any purpose whatsoever, in accordance with the terms of this Lease Agreement , such approval shall not be unreasonably withheld by Lessor. Further, that all permits, applications, etc. contem- plated in 2 , 1 above shall be applied for in the name of the Lessor at the ,l . expense of Lessee. 3.4. Lessor hereby gives to Lessee its consent to the sale by Lessee of liquor, beer and wine on the Leased Premises, and said permission shall continue only for so long as it is lawful for liquor beer and wine to be sold i in the City of Dania under the conditions of those existing on the Leased Premises. Nothing in this paragraph shall be construed to relieve Lessee I from making proper application and meeting all requirements imposed by all governmental authorities having jurisdiction over the sale of liquor, beer and wine on the demised premises, 3.5 That after completion of the civic center, said facility shall be operated, rented, leased or otherwise used exclusively by and through the Lessor. The Lessor shall be responsible for all maintenance, insurance, i utilities and any and all other expenses attributable to said facility. All fees or rents charged for the use of said facility shall go directly to the Lessor, s- 3.6 That the revenues (if any) received from the sale of fill removed from the Leased Premises shall belong to the Lessee and shall not be subject to the gross receipts percentage set forth in 2.2 above. IV . MUTUAL COVENANTS OF THE PARTIES i i The parties hereto mutually covenant and agree with each other as follows: 4.1. That the rights of Lessee under this Lease Agreement includes the right to sell on the Leased Premises for consumption by the public at such premises or on the public areas adjacent to the Leased Premises any and all types of food and dairy products, beer, wine, novelties, sundries, sou- veniers, toys, suntan lotions, sunburn lotions, bathing caps, bathing suits, towels, magazines, soft drinks, patent medicines, any and all types of tobacco products, beach equipment, postal cards and any and all types of related products which may be reasonably required by the general public in their Utilization of the facilities at the Leased Premises. In consideration of the - J tea •.. . _ . _ i s aforesaid righ t , Lessee agrees to keep the business conducted in the building i on the Leased Premises open during normal business hours. 4.2. Lessor shall, at its option and election, have the right at all times during the Lease Term to pay any property taxes, assessments, impositions or charges upon or against the Leased Premises after the same becomes due and payable and are unpaid in those instances where it is the obligation of I Lessee under other provisions of this Lease Agreement to pay such property i taxes, assessments, impositions or charges; and the amount or amounts so j paid by Lessor shall be and shall be treated in " all respects as so much additional rent due from Lessee to Lessor at the maturity date of the next rental installment, and the same shall bear interest at the rate of twelve Percent per annum from the date of payment thereof until repayment thereof by Lessee, and upon the acceptance of such repayment thereof by Lessor, that specific default by Lessee which was occasioned by such nonpayment of taxes, assessments, impositions and other charges by Lessee shall then and there be waived by Lessor. Nevertheless, if nonpayment of such taxes, �+ assessments, impositions or charges is due to controversy between Lessee and the taxing authority, and Lessee is in good faith contesting the validity of w such tax, assessment, imposition or charge through appropriate legal proceed- ings, such tax, assessment, Imposition or charge shall not be paid by Lessor or any other person or party claiming by, through or under Lessor, until or unless the validity and legality thereof has been established by the final judgment of a Court of competent jurisdiction, provided that prior to the institution of such legal proceedings by Lessee, or immediately after the institution thereof by any taxing authority, or any one other than Lessee, but within the time specified in this Lease Agreement for payment of such taxes, assessments, impositions or charges upon or against the Leased Prem- ises or any part thereof as such provision is made in the specific covenants of Lessee herein, Lessee shall procure and give unto Lessor a good and sufficient surety bond, with a reputable surety company licensed to do busi- ness in the State of Florida, as a surety thereon, in an amount adequate and conditioned to Indemnify and save harmless Lessor from any loss, cost, j damage or expense resulting or to result from failure of Lessee to pay such tax, assessment , imposition or charge as provided in this Lease for payment I F; Of such taxes, assessments, impositions or charges upon or against the demised premise or any part thereof as such provision is made in the specific covenants of Lessee herein. Lessor shall waive all city ad vnlorum taxes upon the Lensed Preiniscs. 4.3. That Lessor shall at all times have the right and privilege to encum- ber the Lensed Premises, or to issue bonds upon the value thereof, subject to the leasehold estate, and other rights in Lessee hereby created, but not to I impair the right of Lessee to enjoy the use and occupancy of the Leased i Premises so long as Lessee pays the rent, as aforesaid, and performs all of the covenants, conditions and provisions of this Lease Agreement. i 4.4 . That all policies of insurance hereinabove provided for shall stipu- late that the loss, if any, shall be paid to Lessor and Lessee or successors hereunder, and in case the Lessee shall, at any time neglect to insure and keep insurance on said buildings upon the Leased Premises, and the furniture, furnishings and equipment therein as herein provided , Lessor may procure said insurance and Lessee shall, within thirty (30) days after notice of the ... procuring of such insurance, pay the premiums therefor together with inter- est thereon at the rate of twelve (12%) percent per annum from the date of such payment by Lessor. Lessor may at its option and election, procure or i renew and pay for such insurance and add the amount for the premium i thereon to the next rental installment thereafter falling due under the terms i Of this Lease Agreement, together with interest thereon at the rate of twelve +�• (12%) percent per annum from the date of payment of such premium to date of JIrepayment thereof by Lessee, provided that upon acceptance of such repay- 1 ment thereof by Lessor, the default occasioned by such failure on the partic- ular and specific default shall be waived. If it should prove impossible for Lessee to obtain Insurance coverage, because no reputable insurance company will assure the risk, in whole or in part, as required by virtue of paragraph 9 of the "Covenants of the Lessee;", at page 5, under this Lease Agreement, and in other portions of this Lease Agreement, then, in such event, the Lessee shall establish a self-insurance fund, the terms of which shall be mutually agreeable to the Parties hereto. -10- J A' 4.5. That if the buildings, or any part thereof, at any time situate upon i the Leased Premises, be either greatly damaged or destroyed by fire or other ,i casualty, Lessee, instead of rebuilding the same according to the original plans and designs, may proceed to erect a new building of equal or greater value upon Leased Premises, after submitting to Lessor the plans and specifi- cations which shall be in keeping with the use and occupancy generally applic- able to said location and which shall also be in keeping with the applicable i zoning ordinances of the City of Dania. Furthe,r., said building shall be erected for such uses and purposes as to be consistent with the uses and i purposes provided under the terms of this Lease Agreement. 4.6. That in the event the buildings and structures upon the Leased Premises shall be totally or partially destroyed by fire, storm, act of Cod or otherwise during the term of this Lease Agreement so that the same cannot be used by Lessee, then during the period said property is unfit for occupancy Lessee shall have no obligation to pay rent on the particular building(s) or structure(s) destroyed. 1A 4.7. That in case of damage to the building or improvements at any time upon the Leased Premises, or the destruction thereof, that if Lessee shall repair or rebuild the same in conformity with the approved plans as provided In 4.5 above, then in such case, all insurance monies which shall have been received by Lessor by virtue of the existence of said policies, after deducting therefrom all reasonable costs and expenses, if any incurred, of collecting the same, shall be paid out on bona fide certificates of reputable architect or i engineer licensed to practice in Florida to be selected by Lessee as the work progresses, for the expenses of such repair or rebuilding or construction of such new building or buildings, but a sufficient amount of such insurance monies, in a sum not to exceed ten (10%) percent thereof, shall at all times be retained by Lessor to assure the completion of said building or buildings, and the balance of any monies remaining in the hands of Lessor shall be paid by it to Lessee, provided the building or buildings as repaired or replaced, shall be of equal or greater value than such building or improvements had prior to the casualty; but in the event that the buildings at any time upon the Leased Premises shall not be rebuilt, repaired, or restored in accordance i with the provisions of this Lease Agreement, then and in such case all insur- ance monies in the hands of Lessor shall belong to and become the property i of Lessor. it is agreed by and between the parties hereto that in the event any insurance monies be collected by Lessor herein on account of any fire or other casualty occurring upon the Leased Premises, and such monies do not exceed Twenty-Five Thousand ($25,000.00) Dollars, then and in that event Lessor shall, without requiring any architect's certificates, or other evidence or security, pay said monies forthwith to Lessee. If this Lease Agreement shall be forfeited for any reason whatsoever while any insurance monies shall remain in the hands of Lessor, or uncollected, then all of said insurance monies shall belong to Lessor and be paid to Lessor free and clear of any claim or interest therein upon the part of Lessee or anyone claiming by, i 1 through or under Lessee. i 4.8. Unless Lessor specifically consents in writing thereto, no person, firm or corporation whomsoever or whatsoever, shall be entitled or become entitled either directly or indirectly to any claim, encumbrance or lien upon the Lessor's estate and interest in the Leased Premises as a result of any act, omission or contract of Lessee, and that in occupying, possessing, controlling, repairing and improving the Leased Premises, and in constructing - new buildings on the Leased Premises, Lessee shall and may contract only as to its leasehold estate, and shall not be entitled as a result of this Lease �r- Agreement to impose any charge, burden, lien or encumbrance of any kind or character upon Lessor's fee or interest in the Leased Premises, except as in this Lease Agreement specifically provided; and that any building or buildings, improvement or improvements of any kind or character upon Lessor's fee or interest in the Leased Premises, except as in this Lease Agreement specific provision is made; and that any building or buildings, improvement or improvements of any kind or character whatsoever, upon becoming affixed to the Leased Premises, shall become a part of the realty, subject only to the leasehold estate of Lessee herein. All persons furnishing labor or materials, as well as all other persons whomsoever, shall be bound by the provisions hereof and notice is hereby given to all persons and for all such purposes from and after the day of the date of this Lease Agreement. The mere fact of the alleged existence of a mechanic's or materialman's claim or lien, or liens, by recordation or otherwise, shall not of itself operate to forfeit or terminate this Lease Agreement, provided Lessee shall hold Lessor harmless against such alleged claims, encumbrances and liens. -12- i j 4.9. Lessee shall not assign all or any portion of this Lease Agreement nor sublet any portion of the Leased Premises (except individual slips or berths contained in the marina facility) without the express consent of Lessor. However, any assignment or subletting under this provision shall not relieve Lessee herein from accounting to Lessor for the percentage of gross receipts paid to Lessee as a result of such subletting of the Leased Premises which is to be paid to Lessor as rent under the provisions of this Lease Agreement. i 4.10. That upon the termination of this Lease Agreement, whether by lapse of time or otherwise, Lessee will at once surrender and deliver up to Lessor the Leased Premises; together with the buildings and improvements thereon and said buildings and improvements then situated upon said Leased Premises shall belong to Lessor and that no compensation shall be allowed or ,aid therefor except as otherwise stated in this Lease Agreement. 4.11. That all covenants, agreements, conditions, and undertakings in this Lease Agreement shall extend to and be binding upon the successors and assigns of the respective parties hereto, the same as if they were in each case named and expressed, and that the same shall be construed as covenants running with the land, and wherever in this Lease Agreement reference is made to either of such parties hereto, it shall be held to include the succes- sors and assigns of such party, the same as if in each and every case so expressed. i 4.12. Pursuant to Section 2(d), Article 4, Part XII, of the Charter of the City of Dania, Florida, Lessee shall have no vested or absolute right of renewal as to any further renewals of this Lease Agreement and Lessor shall have the right to negotiate with third parties regarding the renewal of this Lease Agreement. In the event Lessor does negotiate with a third party to renew this Lease Agreement (during the initial term or after the expiration of the initial term or any renewal thereof) , Lessee shall have the right to offer to lease the Leased Premises under the exact same terms and conditions as any third party offeror, However, if Lessee or Lessor refuses to lease for an additional term of years under the same terms and conditions as the third party offeror, Lessee shall be entitled to receive (in cash) from Lessor at the expiration of the Lease Term -- and provided that Lessee is not then in default under any of the terms and conditions of this Lease Agreement -- an -13- J amount equal to the appraised value of all leasehold improvements made during the entire term of this Lease Agreement (with the appraised value to be determined at the end of this Lease Agreement) less the accumulated depreci- ation taken by Lessee for income tax purposes of such leasehold improvements during the term of this Lease Agreement (or any renewals thereof) . In the event of dispute between the parties hereto as to the appraised value of the leasehold improvements, each party shall select an appraiser, who shall mutu- ally select a third appraiser, to prepare appraisals on such leasehold Improve- ments. The appraised value shall be determined' by the average of such three appraisals. Specifically, without limitation on the foregoing and merely as a statement of general intent, it is one of the purposes of this paragraph to grant unto Lessee the right to recover the difference between the appraised value of all leasehold improvements as of the termination of this Lease Agree- ment which improvements were made by Lessee (during the entire term of this Lease Agreement and any renewals thereof) and the accumulated depreciation taken for income tax purposes by Lessee during the term of this Lease Agree- went (and any renewals thereof) , all on the premise and general understand- b_ ing that Lessee negotiates in good faith with Lessor to renew this Lease Agreement for a renewal term (having the same term of years as this Lease Agreement or any renewal thereof) and on the further premise that Lessor then elects to lease the property for a renewal term to a third party lessee, a,. notwithstanding the fact that Lessee has offered to renew this Lease Agree- ment under the same terms and conditions as are stated in the lease between _ Lessor and the third party lessee. If at the expiration of this Lease Agreement or any renewals thereof, Lessor, itself, elects to operate the Leased Premises, Lessee shall have the right to recover the difference between the appraised value of all leasehold improvements made by Lessee (as of the date of termination of this Lease) and the accumulated depreciation taken by Lessee for income tax purposes on such leasehold improvements during the Lease Term or any renewals thereof. 4.13. That if the Lease Term shall be lawfully terminated by reason of any breach of condition, default, act or omission of Lessee, and Lessor shall become entitled to the possession of the Leased Premises, as by re-entry or -14- •K w,Jy. I . I E , otherwise, Lessor shall not be bound or obligated to refund or return to Lessee any sum or sums of money in Lessor's hands, received by Lessor from Lessee as payment of rent in advance or otherwise, and Lessor shall be entitled to have and to retain said sum or sums of money first as rent and second as compensation in part for its loss or losses resulting from any such breach on the part of Lessee. 4.14. That if the rent herein reserved unto Lessor, as well as all other sums of money that may become due and owing from Lessee to Lessor shall remain unpaid for a period of thirty (30) days aftef the same become due and payable; or if Lessee shall fail to repair or rebuild the building damaged or destroyed by fire or windstorm within the time and in the manner as required by this Lease Agreement, or if Lessee shall fail to pay all property taxes, assessments or other impositions which it is obligated to pay under the terms hereof, or any part thereof, as such payment or payments are in this Lease Agreement required to be made, or if Lessee shall fail to keep the buildings at any time upon the Leased Premises insured as required in this Lease Agreement; provided, however, that in either or all of such events, Lessee shall have the advantage of any periods of grace which are permitted under the terms of this Lease Agreement within which to remedy such default. Then and in either or any of such events, if such default shall not have been remedied, this Lease Agreement shall thereupon, at the option of Lessor, be terminated and cancelled and Lessee shall become a tenant at sufferance, and Lessor may at any time thereafter reenter said Leased Premises and have and possess the same as of its former estate, or may recover the same in any manner prescribed by the statutes of the State of Florida relating to the removal of tenants or otherwise. 4.15. That in the event Lessee shall fail to pay the rent hereinbefore provided and that if such failure shall continue for a period of thirty (30) days after the due date, Lessor may, at its option and election, cancel and terminate this Lease Agreement. Lessee further covnants and agrees with Lessor that in the event Lessee shall fail to comply with and abide by any one or more of the covenants, conditions, agreements or stipulations in this Lease Agreement contained on its part to be performed, Lessor may, at its option and election, give Lessee notice in writing of the existence of such 1 -15- v default on the part of Lessee, whereafter Lessee shall have a reasonable i length of time, in no case less than thirty (30) days in which time to remedy said default; and if said default be not remedied by Lessee in a reasonable length of time, in no case less than thirty (30) days, Lessor may, at its option and discretion, cancel and terminate this Lease Agreement. In the event of the election of Lessor to terminate and cancel this Lease Agreement for a condition broken as aforesaid , or for the failure of Lessee to comply r with and abide by any of the covenants, conditions, agreements and stipula- tions herein in this paragraph referred to, then %and in such event Lessor i may at any time thereafter, in accordance with and by virtue of this express stipulation, re-enter said Leased Premises and have and possess the same as of its former estate or may recover possession thereof in any manner as prescribed by the Statutes of the State of Florida relating to the removal of tenants or otherwise. 4.16. That in the event the term of this Lease Agreement be endad by forfeiture, by re-entry, or by eviction of Lessee, then all insurance policies, A and all insurance money, if any, held by Lessor, and all the estate, right and interest of Lessee in and under this Lease Agreement, and in the land described, and all improvements, buildings and fixtures then situated on said Leased Premises, together with all rents, issues and profits of said land and improvements, whether then accrued or to accrue, shall without any additional I compensation made therefor to Lessee, at once pass to and become the prop- erty of Lessor to compensate it in part, for its loss and damage resulting i from Lessee's breach. 'l 4.17. That any notice or notices which may be required to be given by a Lessor to Lessee in accordance with the terms and conditions of this Lease Agreement shall be in writing and shall be considered as given for all intents and purposes by enclosing such notice in a letter directed to Lessee by certified mail addressed to Lessee at: Marine Conversions, Inc. 5100 North Federal Highway Fort Lauderdale, Florida 33308 or at such other address as from time to time Lessee may designate in writing. i Any notice or notices which may be required to be given by Lessee to Lessor under the terms and conditions of this Lease Agreement shall be in 1 -16- i writing and shall be considered as given for all intents and purposes, by enclosing such notice in a letter directed to Lessor and forwarded by certified mail addressed to: City Manager, City of Dania City Hall Dania, Florida 33004. 4.18. That in case Lessor, without fault on its part, be made a party to any litigation either by or against Lessee, with reference to the leasehold estate created hereby, then Lessee shall and will save Lessor harmless for the costs, expenses, final judgments and reasonable attorneys' fees, incurred or i i imposed upon Lessor in connection with such litigation; provided, however, that Lessee at its own cost and expense shall have the right at all times to defend any such litigation in the name of Lessor, and Lessor shall fully cooperate with Lessee, anything herein contained to the contrary notwithstand- ing, and all such costs and reasonable attorneys' fees, if paid or incurred by Lessor, shall be as so much additional rent due at the maturity date of the next rental installment from Lessee to Lessor, and shall bear interest at the rate of twelve (12%) percent per annum from the date of payment thereof by Lessor until repayment thereof to Lessor. ,. 4.19. To pay all court costs and reasonable attorneys' fees which may be i paid or incurred by the prevailing party in enforcing the covenants, condi- tions, agreements and obligations in this Lease Agreement set forth in the J event of a default by Lessee, and all such costs and reasonable attorneys' fees, if paid or incurred by Lessor, shall be as so much rent due at the `i maturity of the next rental installment from Lessee to Lessor, and shall bear i Interest at the rate of twelve (12%) percent per annum from date of payment thereof by Lessor until repayment thereof to Lessor. 4.20. That this Lease Agreement shall not be binding upon Lessor unless the execution thereof by Lessor has been authorized by resolution properly passed and adopted by the City Commission of Lessor, which said resolution shall authorize the execution of this Lease Agreement within five (5) days after the passing and adoption of such resolution, 4.21 . The effective date of this Lease shall be �p IN WITNESS WHEREOF, Lessor has caused this Lease Agreement to be executed in its name by its Mayor-Commissioner and by its City Manager , -17- I and has caused its official seal to be affixed , attested by the City Clerk- Auditor, pursuant to resolution passed by the City Commission on the day of _-I _, 1980, and Lessee has caused this Lease Agreement to be executed in, its name b its President an has Y d s caused its corporate seal to be affixed, attested by its Secretary, on the day and year first above written. LESSOR: (CORPORATE SEAL) CITY OF DANIA, a municipal corpora- tion organized and existing under the Signed, sealed and delivered laws of the State of Florida in the presence ,o By: PYo - Com issionerBy: / f / City Manager Attest: C ty Clerk - Auditor LESSEE: (CORPORATE SEAL) MARI:ZZZ INC. Signed, sealed and delivered in the presence of: By: Press ant i Attest: Secretary .Aiq i STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, mS (Yl��, and Ma r- omm>ssioner, i y anager and City C er -Aud tor, respective y, of the City of Dania, a municipal corporation organized and existing under the laws of the State of Florida, to me well known to be the individuals and officers of said municipal corporation de- scribed in and who executed the foregoing Lease Agreement, and duly acknow- ledged before me that said municipal corporation executed the same for the purposes therein expressed as the act and deed of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Dania, Broward County, Florida, this O(L7 day of —k-17 1980. My Commission Expires: �474P_u cc _(NOTARY SEAL) NOTARY PUBLIC. STATE OF FLORIOA AT LARCH MY COMMISSION EXPIRES DEC.21, 1982 BONOED THAo�,N Mua0$Q44,TON,UIQ -18- STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, A4✓!Q • szR91fAC_i and Mun •---�P_�tc�f2_ president nnd�Secretary, respectively, of � ta corportion organized and exist er Lhe nws o£ the State T-FIor'iau;to me well known to be the individuals and officers of said cor- poration described in and who executed the same for the purposes therein deed of said corporation. expressed as the act and IN WITNESS WjiERFOF, I have hereunto set my hand and affixed my official seal this day of ��z r. tar / ub c My Commission Expires: ( OT Y SEAL) s Notary Public, Stale of Florida at Large Ely Commission Expires Jan. 14, 1934 ta.a,d In„ I.y le,b,aneu Yu• - Approved for Forrmm and Correctness. FRANK CHARLES ADLER City Attorney, City of Dania i i 1 I s, t P r 1 I i -19- � t t- " 1 ♦ 't:'.L4 .�Y, f2 uµ,T' wti � w Y 1�-y„ LY -✓ a I I l 1 j ,• - LAW OFFICES GR,,.r'iA--x, HODGE & LARSO I. • PROFESSIONAL ASSOCIATION DAVID E. GRAHAM 5I00 NORTH FEDERAL HIGHWAY ROGER A. LA RSON FORT LAIIUERDALii, FLOHIDA 33308 -- 280 NORTH INDIAN ROCKS ROAD LOUIS N. GCHOLNIK TELEPHONE (305) ]JI 4790 ALLAN H. SCHWARTZ MIAMI 947 7050 IIY.LLPA IIi 111.0 PC5.YLONIDA OOM160 JUDY S. BAILEY _...___ (8131 585 3835 LESLIE M. CONKLIN COLL'MAN it.ROSENFIELD MARGARET T. BREWER OF COUNSEL MICHAEL L. BREWER RICHARD W. EPSTEIN GYNETH STANLEY REPLY TO: June 12, 1980 Fort Lauderdale Mr. Richard Marant City Manager, City of Dania 100 !Jest Dania Beach Boulevard Dania, Florida 33004 Re: Houston Park Lease Dear Mr. Marant: i. Please find enclosed the revised Legal Description of Houston Park prepared by Winningham & Lively, Inc. , Registered Land Surveyor„ to be substituted for the present Legal Description attached to the Lease as Exhibit "A". If you have any questions regarding the above, please do not hesitate to contact me. Le•ir "' Sincerely, Judy B, ley JBB:jd Enclosures I . I i I 1 J , f 1 Those portions of the NW} of Section 35 , Township 50 South, Range 43 East, described as follows: All that portion of the S# of the SEJ of the NEJ of said NIVJ lying Southerly of the Dania Cut Off Canal, and all that portion of I the E 3/4 of the SE} Of Said NN , iying vJutherly oil the Dzin.- Cut ! Off Canal, excepting therefrom that portion thereof lying within the following described parcel: i Beginning at the NW corner of said E 3/4 of the SEJ of the NWa; thence run Easterly 425 feet along the N. line of said E 3/4 of the SEJ of the NW4 to a point; thence turn an angle to the right of 90152141.5" and run Southerly 673 feet, more or less, to a point; thence turn an angle to the right of 88058129" and run Westerly 425 feet to a point; thence turn an angle to the right of 90154102" and run Northerly 673.92 feet to the Point of Beginning. Said lands situate in the City of Dania, Broward County, Florida , and containing 23.4109 acres, more or less. i i 1 1 i EXHIBIT A i i i i i I 1 LAW OFF I CCS GNANAN,H000[ S L.PSO N.PROF LSSONK ASSOUATION,SIOO NORTH It OPAL HIGHWAY,FONT LAUDERDALE,FLORIDA 33308 lit tw LEGAL DESCRIPTION �. The E 3/4 of the SE 1/4 of the NW 1/4 of Sec. 35 , Township 50 S. , Range 42 E. , together with any and all riparian rights , less and except the following : Commence at the N.W. Corner of the E 3/4 of the SE 1/4 of the NW 1/4 of Section 35, Township 50 South, Range 42 East, thence proceed i- an easterly direction along the South line of the N 1/2 of the NW 1/4 a distance of 425 . 0 feet to a point; thence turn an angle to the right of 90052 ' 41. 5" , thence proceed in a southerly direction 673.0 feet plus or minus to a point; thence turn an angle to the right of 88058 ' 29" ; thence pro- ceed in a westerly direction a distance of 425 . 0 feet to a point, then turn an angle to the right of 90054102" ; thence proceed in a northerly direction for a distance of 673 . 92 feet to the point of the beginning, containing twenty-two (22) acres more or ,less. All lands lying within the City Limits of the City of Dania. W i { 1 i l i i i EXHIBIT "A" THIS EXHIBIT "A" may be modified or sub- stituted upon receipt of survey of sub- ject property. Ll LEASE RENTAL PAYMENTS TO CITY OF DANIA i, PROPOSED RENTAL YEAR TERMS TO CITY MINIMUM 1 3% $ 25,OOO,Q/CD j 2 3% $ 25,000e 3 3% $ 25,000 4 3% $ 25,000 5 3% $ 2.5,000- 6 4% $ 30,O00 7 5% $ 35,000 8 6% $ 40,000 9 7% $ 45,000 10 8% $ 50,000 11 9% 12 $ 55,000 ' 13 10% $ 60,000 14 11% $ 65,000 15 12% $ 70,000 1 13% $ 75,000 14% $ 80,000 17 15% 18 15% 90,000 $ 19 15% $ ,000 20 $ 95,000 15% $100,000 21 16% $105,000 22 16% $105,000 23 16% $105,000 V i 24 16% $105,000 16% $105,000 r ., j 26 17% $110,000 a 27 17% $110,000 28 17% $110,000 29 17% $110,000 30 17% $110,000 'I 3 The Lessor shall receive the greater of the above—stated percentage of �+•_« i "gross receipts" or the "minimum" dollar amount set forth in the last column. `a f { i I Ii i EXHIBIT "B" .. .,...,tee............ ..... ..._. :'s'_=w5 x )r.'.x.,..,..,...