HomeMy WebLinkAboutR-1983-002 IP
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RESOLUTION NO. 2
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA, APPROVING FIRST
SUPPLEMENT TO JANUARY 16 , 1981 LEASE AND
LICENSING AGREEMENT BETWEEN THE CITY OF
DANIA AND THE CARROUSEL GROUP , INC. , AND
AUTHORIZING AND DIRECTING THE EXECUTION OF
SAME BY THE APPROPRIATE CITY OFFICIALS ;
AND PROVIDING THAT ALL RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH ARE
HEREBY REPEALED TO THE EXTENT OF SUCH CON-
FLICT; AND PROVIDING THAT THIS RESOLUTION
SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY
j UPON ITS PASSAGE AND ADOPTION.
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BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
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DANIA, FLORIDA:
Section 1. That certain First Supplement to January 16 ,
1981 Lease and Licensing Agreement by and between the City of
Dania , a Florida municipal corporation , and The Carrousel
r Group , Inc. , a Florida corporation, a true photocopy of which
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is attached hereto as "Exhibit "A" be and the same is hereby
accepted and approved; and, the Mayor-Commissioner, City Manager
fand City Clerk-Auditor be and they are hereby directed to execute "M
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same on behalf of the City.
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Section 2. That all resolutions or parts of resolutions
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in conflict herewith are hereby repealed to the extent of such
conflict .
Section 3 . That this resolution shall be in force and
take effect immediately upon its passage and adoption. `
PASSED AND ADOPTED this 25th day of n ry, 1983.
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OR-COMMISSIONER
ATTEST :
`CITY L' R -A DITOR
APPROVED FOR FORM AND CORRECTNESS :
FRANK C . ADLER, City Attorney
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This instrument oared by Clarke
Walden, Attorne, 7 Law, The Dania
Bank Building, 2_ East Dania Beach
Boulevard, Dania , Florida 33004 '
FIRST SUPPLEMENT TO JANUARY 16 ,
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1981 LEASE AND LICENSING AGREEMENT
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THIS FIRST SUPPLEMENT TO JANUARY 16 , 1981 LEASE AND LICENS-
ING AGREEMENT, made and entered into this 15th day of November,
1982 , by and between
CITY OF DANIA, a Florida municipal
corporation (hereinafter sometimes
referred to as "City of Dania" ) ,
and
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THE CARROUSEL GROUP, INC. , a Florida
corporation (hereinafter sometimes re-
ferred to as "Carrousel" ) ,
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W I T N E S S E T H:
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The the RECITALS which show the background, basis , premises ,
definitions and circumstances which form the basis of the within
first supplement to January 16 , 1981 lease and licensing agreement
are stated as follows:
(1) Abbreviated , shortened or informal words , phrases or
•..�' references , as used herein, shall have , unless the context obviously
requires otherwise, the following meanings and definitions:
"January 16 , 1981 lease and licensing agreement" :
"January 16 , 1981 lease and licensing agree-
ment" , as used herein, shall mean and refer
to the lease and licensing agreement dated
January 16 , 1981 , by and between City of
Dania , a Florida municipal corporation, and
Saturday Corporation, a Florida corporation,
recorded February 4 , 1981 , in Official Re-
cords Book 9396 , page 720 , Public Records of
Broward County, Florida, under administrator' s
registry no. 81-35861 , which said lease and
licensing agreement was then assigned to The
Carrousel Group, Inc. , a Florida corporation,
under the terms and conditions of the certain
assignment dated February 16 , 1981 , from Satur-
day Corporation, a Florida corporation, to The
Carrousel Group, Inc. , a Florida corporation,
recorded July 14 , 1981 , in Official Records
Book 9688 , page 378 , Public Records of Broward
County , Florida , under administrator' s registry
no. 81-198966;
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M-4-562 (vol. II)
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"resolution no. 40311 :
"resolution no. 403" , as used herein, shall
mean and refer to resolution no. 403 , adopted
by the City Commission, City of Dania , on
July 28 , 1981 ;
"resolution no. 40411 :
"resolution no. 404" , as used herein, shall
mean and refer to resolution no. 404 , adopted
by the City Commission, City of Dania, on
July 28 , 1981;
"DOT-vacated Cambridge Street parcel" •
"DOT-vacated Cambridge Street parcel" , as used
herein, shall mean and refer to the following
described lands situate, lying and being in
Broward County, Florida , to wit:
South one-half of that part of Cam-
bridge Street as closed by City of '
Dania ordinance no. 359 , adopted
August 26, 1980, more particularly des-
cribed as follows , namely,
Bounded on the East by the North
extension of the East line of
Block 202, and bounded on the West
by the North extension of the West
line of Block 202 ,
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all as shown on the plat of HOLLYWOOD
CENTRAL BEACH, according to the plat
thereof recorded in Plat Book 4 , page
20 , Public Records of Broward County,
Florida,
containing 4 , 830 square feet, more or less,
with said lands situate, lying and being in
Broward County, Florida;
"DOT-public parking parcel" •
"DOT-public parking parcel" , as used herein,
shall mean and refer to the following described
lands situate, lying and being in Broward County,
Florida, to wit:
That portion of State Road A-1-A right-of-
way as shown on the State Road Department
Right-of-Way Map, Section No. 8603-175 ,
described as follows:
Beginning at the Southeast corner of
{ Block 203 of "HOLLYWOOD CENTRAL BEACH"
as recorded in Plat Book 4 , page 20 , of
the public records of Broward County,
Florida; thence, run S 0020145" E on
an assumed bearing 40 feet to a point
on the South right-of-way line of FIFTY
FIRST STREET (Cambridge St. ) as shown
on said plat of "HOLLYWOOD CENTRAL
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BEACH" , said South right-of-way line also
being a northerly right-of-way line of
said State Road A-1-A; thence , West along
the last described line 204 .57 feet;
thence, S 22055121" E 52 .38 feet; thence,
S 46043 ' 39" E 62. 84 feet; thence , S 54003 '
15" E 182. 25 feet; thence, N 16044148" E
134 . 52 feet; thence, N 8053159" E 98 . 12
feet to a point of curvature; thence,
Northeasterly along a 15 foot radius curve
to the right, through a central angle of
88013 ' 56" , an arc distance of 23 . 10 feet to
a point of tangency on a northerly right-of-
way line of said State Road A-1-A; thence,
N 82152 ' 05" W along the last described line
80 . 54 feet to the East line of said Block
203; thence, S 0*27125" W along said East
line 10 feet to the Point of Beginning.
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tcontaining 0. 770 acres (33,533 square feet) ,
more or less , with said lands situate, lying
' and being in Broward County, Florida;
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"June 8 , 1982 DOT-City of Dania lease"
1 "June 8 , 1982 DOT-City of Dania lease" , as
used herein shall mean and refer to the cer-
tain lease agreement dated June 8 , 1982 , by
and between State of Florida, Department of
Transportation, as "lessor" , and City of
Dania, Florida , as "lessee" , recorded June
15 , 1982 , in Official Records Book 10243 ,
page 108 , Public Records of Broward County, Vrn
Florida, under administrator' s registry no.
82-157924 ; and
"April 7 , 1982 DOT-City Daniaquit claim deed" :
1982 DOT-City of Daniaquit claim deed
"April 7 , 1982 DOT-City of Dania quit-claim
deed" , as used herein , shall mean and refer to
the certain quit-claim deed dated April 7, 1982,
from State of Florida by and through the State
of Florida,Department of Transportation, to City
of Dania, recorded June 15, 1982, in Official
Records Book 10243 , page 111 , Public Records of _
Broward County, Florida
j (2) Carrousel is the successor lessee to Saturday Corpora-
tion regarding the January 16, 1981 lease and licensing agreement.
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(3) At the time of the execution of the January 16 , 1981
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lease and licensing agreement, City of Dania did not have any claim
of title to either the DOT-vacated Cambridge Street parcel or to the
DOT-public parking parcel . However, as to the DOT-vacated Cambridge
Street parcel , the January 16 , 1981 lease and licensing agreement
expresses an understanding that City of Dania would attempt to ac-
quire title to such parcel and, if successful , the said agreement
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further expresses the understanding that City of Dania would then
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lease the DOT-vacated Cambridge Street parcel to Saturday Corpora-
tion (or to its successor) .
(4) With respect to the DOT-public parking parcel , the
January 16 , 1981 lease and licensing agreement expresses a general
understanding that City of Dania would cooperate with Saturday
Corporation (or its successor) in attempts by Saturday Corporation
to lease the said parcel from Department of Transportation , State
of Florida.
(5) After the January 16 , 1981 lease and licensing agree-
ment was executed, Department of Transportation, State of Florida,
indicated that it was willing to lease the DOT-public parking par-
cel to City of Dania for public parking purposes. However, Depart-
ment of Transportation declined to lease the parcel directly to
Saturday Corporation or to Carrousel , as the successor to Saturday
Corporation.
(6) As indicated by resolution no. 403 , City of Dania re-
quested Department of Transportation, State of Florida, to quit-
claim the DOT-Cambridge Street parcel to City of Dania . Further,
by such resolution, City of Dania requested Department of Trans-
portation to lease the DOT-public parking parcel to City of Dania.
(7) By resolution no. 404 , City of Dania confirmed to
Carrousel its intent and understanding that the DOT-vacated Cam- ..
bridge Street parcel would be deemed to be a part of the lands
leased under the January 16, 1981 lease and licensing agreement if
City of Dania acquired such parcel from Department of Transporta-
tion. Further, under the expressions set forth in resolution no.
404 , City of Dania confirmed its willingness to sub-lease the DOT-
public parking parcel to Carrousel if City of Dania was successful
in its efforts to enter into a basic lease of the parcel from
Department of Transportation.
(8) By the April 7, 1982 DOT-City of Dania quit-claim deed,
City of Dania acquired the fee simple title to the DOT-vacated
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City of Dania is now in a position
Cambridge Street parcel. Thus,
to supplement the January 16 , 1981 lease and licensing agreement so
that the DOT-vacated Cambridge Street parcel shall be deemed to be
included in the lease and licensing agreement.
(9) Under the terms of the June 8 , 1982 DOT-City of Dania
lease , City of Dania was successful in its attempts to lease the
DOT-public parking parcel from Department of Transportation. How-
ever , the lease contains prohibitions against a further sub-leasing
of the parcel . Nevertheless , City of Dania feels that it can law-
fully and legally grant unto Carrousel an exclusive license or per-
j. mit to use the DOT-public parking parcel for public parking purposes .
Therefore , one of the purposes of the within agreement is to grant
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such exclusive license or permit to Carrousel .
NOW , THEREFORE , for and in consideration of the mutual
covenants hereinafter contained and in further consideration of the
sum of Ten and no/100 Dollars ($10 . 00) and other good and valuable
considerations paid by each of the parties to the other, receipt of
which is hereby acknowledged, IT IS MUTALLY AGREED AS FOLLOWS :
I .
Sub-paragraph (1) of Paragraph I . of the January 16 , 1981
lease and licensing agreement is hereby modified and amended to
provide , after the effect of such modification and amendment, that
the following described lands, namely, the
DOT-vacated Cambridge Street parcel ,
are included in the description of the lands which are leased under
the terms and conditions of the said January 16 , 1981 lease and
licensing agreement. More particularly, without limitations on the
foregoing , the DOT-vacated Cambridge Street parcel shall be deemed
to be a part of the total lands which are the subject of the said
lease and licensing agreement to the same extent as though the said
DOT-vacated Cambridge Street parcel had been expressly included in
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sub-paragraph (1) of Paragraph I .
II .
City of Dania does hereby grant unto Carrousel an exclusive
license or permit to use the following described lands , namely, the
DOT-public parking parcel ,
for parking purposes for a period which shall expire as of June 7 ,
1992 . Carrousel accepts the said exclusive license and permit un-
der the terms and conditions of the June 8 , 1982 DOT-City of Dania
lease . Carrousel acknowledges that City of Dania has made no rep-
resentations to it which constitute a warranty as to the authority
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{ of City of Dania to grant a license or permit as to the DOT-public
parking parcel . If the term of the June 8 , 1982 DOT-City of Dania
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lease is extended as the result of future agreements between Depart-
ment of Transportation and City of Dania, the term for which the ,r
grant of the exclusive license and permit to Carrousel shall also
be deemed automatically extended so that the expiration date of such
exclusive license and permit shall, at all times , be the same as the
expiration date of the June 8 , 1982 DOT-City of Dania lease (and any
' extensions or renewals of same) .
III .
This agreement shall be binding upon the parties hereto,
their successors and assigns.
IV.
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The January 16 , 1981 lease and licensing agreement is
ratified and confirmed in all other respects.
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IN WITNESS WHEREOF, CITY OF DANIA, a Florida municipal cor-
poration has caused this first supplement to January 16 , 1981 lease
iand licensing agreement to be executed in its corporate name by
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John M. Bertino , its Mayor-Commissioner, and by Richard Marant, its
City Manager , and has further caused its corporate seal to be
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affixed, attested by Wanda Mullikin, its City Clerk-Auditor, all
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as of the day and year first above written.
IN WITNESS WHEREOF, THE CARROUSEL GROUP, INC. , a Florida
corporation , has caused this first supplement to January 16 , 1981
lease and licensing agreement to be executed in its corporate name
by Stephen F. Snyder, its President, and has further caused its
corporate seal to be affixed, attested by Owen P. Bell, its secre-
tary, all as of the day and year first above written.
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Signed, sealed and delivered
in the presence of:
j CITY OF DANIA, Florida munici-
pal cor at '
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✓ — John fvl. Ber ino,
(as to all officers of City of Mayor-Commissioner
Dania)
P
BY _
Richard Marant, 1° `
(as to all officers of City of City Manager
Dania)
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Attest: ,,
Wanda Mullikin
City Clerk-Auditor
»... THE CARROUSEL GROUP, INC . , a
Florida corporation
/ By
Stephen F. Snyder,
(as to all officers of The Carrou- President
sel Group , Inc . )
/ Attest:
Owen P . Bell ,
(as to all officers of The Carrou- Secretary
sel Group, Inc . )
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STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing first supplement to January 16 , 1981 lease
and licensing agreement was acknowledged before me this day
of November , 1982 , by
John M. Bertino, as Mayor-Commissioner
Of City of Dania , a Florida municipal
corporation,
Richard Marant, as City Manager of City
of Dania , a Florida municipal corporation,
and
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Wanda Mullikin, City Clerk-Auditor of City
of Dania, a Florida municipal corporation,
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for and on behalf of said City of Dania, a Florida municipal
corporation.
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Notary public
My commission expires :
STATE OF FLORIDA
COUNTY OF BROWARD
f(' The foregoing first supplement to January 16 , 1981 lease
s.al,
and licensing agreement was acknowledged before me this day
of November , 1982 , by
Stephen F. Snyder, as President of The
Carrousel Group, Inc. , a Florida corporation
Owen P. Bell , as Secretary of The Carrousel
jGroup, Inc . , a Florida corporation
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for and on behalf of said The Carrousel Group, Inc. , a Florida
corporation .
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Notary public
My commission expires:
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