HomeMy WebLinkAboutR-1990-060 RESOLUTION NO. 60-90
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING AMENDMENT TO LEASE AGREEMENT FOR
FISHING PIER COMPLEX BETWEEN THE CITY OF DANIA
AND DONALD V. STREETER; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Amendment to Lease Agreement
for Fishing Pier Complex between the City of Dania and Donald V.
Streeter, regarding insurance coverage, a copy of which is
attached hereto as Exhibit "A" , be and the same is hereby
approved, and the appropriate city officials are hereby directed
to execute same .
Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 22nd day of May, 1990 .
MAYOR -' 03M ISS� NER
ATTEST:
CITY CLER - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
_ L cz . 444_
FRANK C. ADLER, City Attorney
Resolution No. 60-90
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AMENDMENT TO
LEASE AGREEMENT
FOR
FISHING PIER COMPLEX
THIS AMENDMENT TO LEASE AGREEMENT FOR FISHING PIER COMPLEX,
made and entered into this day of
1990, by
and between :
CITY OF DANIA, a Florida municipal
corporation (hereinafter referred
to as the "Landlord" ) ,
and
DONALD V. STREETER, individually,
doing business as PELICAN'S PLACE
(hereinafter referred to as the
"Tenant" ) .
A, WITNESSETH:
WHEREAS, the parties hereto have, on the 4th of June, 1987,
executed that certain Lease Agreement for Fishing Pier Complex; !
and !
WHEREAS, the parties hereto desire to amend certain of its
provisions to reflect the economic realities occasioned by recent
changes in the parking requirements for the areas servicing the
fishing pier complex;
NOW, THEREFORE, for and in consideration of payment of the
sum of Ten Dollars ($10.00) and other good a., l
uivaUlC
consideration given by the Tenant , Donald V. Streeter, to the
Landlord, City of Dania , the parties hereby amend the following
provisions of the subject lease as follows :
1 . Article II is hereby amended to read:
"II .
RENT
For the period May, 1990, through July 31 , 1990, the Tenant
EXHIBIT "A"
covenants and agrees to pay to the Landlord as rent for the
demised property the total sum of Sixteen Thousand Two Hundred
Dollars ($16, 200. 00) , plus Florida sales tax thereon, payable in
three (3 ) equal monthly installments of Five Thousand Four Hundred
Dollars ($5, 400.00 ) each, in advance, with the first of said
installments to be due on or about the first ( 1st) day of May,
1990, with the remaining installments to be due on the first ( 1st)
day of each and every month , in advance, thereafter up to and
including the first ( 1st ) day of July, 1990.
The Tenant and the Landlord agree that on or before July 15,
1990, they shall meet and discuss further continuation and/or
extension of the Lease Agreement. Should the Landlord and Tenant
mutually agree that the fishing pier complex is to be put out for
bids, then the security deposit that the Tenant has deposited with
the Landlord pursuant to paragraph II shall be refunded to the
Tenant upon acceptance by the Landlord of a new bid from a new
tenant . "
2. Article XIV is hereby amended to read:
"XIV.
INSURANCE
Tenant shall purchase insurance coverage in the amount of
Flvp P"nA rrA m6
-••�«� IIIUUaauu uoiiars ( $500, 000. 00) per occurrence,
insuring the Landlord for product liability, public and general
liability and property damage, and for any injuries that occur in
or on the leased premises . Further, Tenant agrees to indemnify
Landlord from any and all claims, causes of action, or judgments
arising out of the Tenant 's operations on the leased premises and
Pursuant
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to this Lease Agreement . On the yearly anniversary of this Lease
Agreement, Tenant shall provide Landlord a Certificate of
Insurance indicating insurance coverage for these purposes in the
amount of Five Hundred Thousand Dollars ($500, 000.00 ) per
occurrence and Five Hundred Thousand Dollars ($500, 000. 00) in the
aggregate. The Landlord shall be named insured on said policy.
Tenant will also provide for employee workers ' compensation
insurance with employer liablity in the standard amount as
determined by the State of Florida . A copy of said Certificate of
Insurance will be furnished , naming Landlord both as certificate
rN holder and an additional insured entity. "
IN WITNESS WHEREOF, the
parties hereto have caused these
Presents to be executed the day and year first above written.
Signed, sealed and delivered
in the presence of:
Donald V. Streeter, Tenant
CITY OF DANIA, FLORIDA
By:
ridyor - Commissione- r
By:
City Manager
Attest :
(City Seal )
City Clerk ---Aud—it—or
APPROVED AS TO FORM AND CORRECTNESS
By:
Frank C. Adler, City Attorney
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