HomeMy WebLinkAboutR-1990-026 RESOLUTION NO. 26-90
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING SECOND SUPPLEMENT TO JANUARY 16,
1981 LEASE AND LICENSING AGREEMENT BETWEEN
CITY OF DANIA AND ARAGON GROUP, INC. ; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Second Supplement to January
16, 1981 Lease and Licensing Agreement between the City of Dania
and Broward County, Florida, a copy of which is annexed hereto and
made a part hereof as Exhibit "A" , be and the same is hereby
approved and the appropriate city officials are 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 28th day of February 1590.
M YOA R - COMMISSION
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
BY=�l� C•
FRANK C. ADLER, City Attorney
Resolution No. 26-90
r-� n
SECOND SUPPLEMENT TO JANUARY 16 , 1981
LEASE AND LICENSING AGREEMENT
THIS SECOND SUPPLEMENT TO JANUARY 16 , 1981 Lease and Licens-
ing Agreement dated this day of March, 1990, by and between
the CITY OF DANIA, a municipal corporation organized and existing
under the laws of the State of Florida (hereinafter referred to
as "Lessor") , and THE ARAGON GROUP, INC. , a Florida corporation
(hereinafter referred to as "Lessee") with the terms "Lessor" and
"Lessee" including their successors, heirs, administrators, and
assigns wherever and whenever the contents and context hereof so
requires or admits .
W I T N E S S E T H
WHEREAS, The parties hereto, or their predecessors in inter-
est, entered into that certain Lease and Licensing Agreement
dated the 16th day of January, 1981 , as amended by the "First
Supplement to January 16, 1981 Lease and Licensing Agreement" ,
dated the 15th day of November, 1982, recorded February 15 , 1983 ,
in Official Records Book 10675, Page 641 , of the Public Records
of Broward County, Florida (hereinafter referred to as the "Lease
and Licensing Agreement") , which Lease and Licensing Agreement is
in full force and effect at this time, and
WHEREAS , the City of Dania has requested Lessee to change
from the percentage rental approach to a fixed guaranteed rental
amount with a cost of living feature, and
WHEREAS, the City of Dania desires to increase its revenues
from the Lease and Licensing Agreement, and
WHEREAS, Lessee desires to expand the permitted uses of the
Premises in order to be able to afford the increasP8 ronrai � ,..a
WHEREAS , the parties recognize that modifications of the
Lease and Licensing Agreement relative to the payment of rentals ,
permitted uses , an option to renew, and insurance requirements
will materially enhance the viability and public purpose of the
facility, and
WHEREAS, the parties have also agreed to clarify the legal
description as originally contained in the Lease and Licensing
Agreement to conform to the later prepared survey.
1
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, together with other good and valuable consider-
ation, the receipt and sufficiency of which is hereby acknowl-
edged, the parties hereto agree as follows :
1. Clarification of Legal Description.
a) The legal description of the property contained in
Article I (1) of the January 16, 1981 Lease and Licensing
Agreement is hereby modified to conform to the later prepared
survey on the property which legal description is attached hereto
as Exhibit A and by reference made a part hereof.
b) The legal description of the "DOT - Public Parking
Parcel" contained in Article (1) of the First Supplement to the
January 16 , 1981 Lease and Licensing Agreement shall be amended
to conform to a survey to be prepared at Lessee ' s sole expense
covering the property improved by Lessee as shown in Exhibit B
hereto and which includes land owned by the State of Florida,
Department of Transportation and/or Lessor.
2. Additional Permitted Use .
a) Wherever the term "restaurant" is used in the Lease and
Licensing Agreement, said term shall be modified to read
"hotel/restaurant" . The definition shall include any terminology
in the Lease and Licensing Agreement wherein the word "restau-
rant" is used, including but not limited to the terms "restaurant
complex" , restaurant enterprise" , and "restaurant attraction" ,
all of which terms shall be modified to read "hotel/restaurant
complex" , "hotel/restaurant enterprise", and "hotel/restaurant
attraction" respectively, as if originally set forth in said
Lease and Licensing Agreement. It is understood and agreed that
permitted uses include all existing uses and additional uses
typical for a resort hotel/restaurant/marina complex in South
Florida, provided, however, cruise vessels originating at the
PramicpR fn_r other than hotel quests shall not be allowed without
prior City approval.
b) Sub-paragraph (2) of Article IV of the Lease and Licens-
ing Agreement is amended by deletion of the last sentence thereof
and substituting the following: Further, Lessee may construct
and operate a hotel addition of up to 185 rooms, to be used by
Lessee for the rental of rooms and all uses incidental thereto.
Lessee shall have the right to make those alterations to the
existing structure that it deems advisable in connection with the
construction of said hotel complex. "
2
c) Lessee agrees to prominently identify the hotel with
Dania.
3 . Ad Valorem Taxes .
Lessee shall pay City ad valorem taxes with respect to the
property based on the millage rate for similar property in effect
from time to time during the term of the Lease and Licensing
Agreement or any extensions or renewals thereof.
4 . Conditional Amendment of Terms .
a) Lessee shall have and is hereby granted an option to
renew and extend the Lease and Licensing Agreement for an addi-
tional thirty (30) years , and for one (1) further ten (10) year
period. Lessee may exercise the options granted herein by giving
Lessor written notice thereof at least sixty (60) days prior to
the expiration of the original, or extended terms .
b) All references to rental based on a percentage of gross
receipts shall be deleted, it being the intent of the parties
that the Lessee shall pay to Lessor a fixed monthly rental,
irrespective of the gross receipts generated on the Premises , on
the following basis :
Rental . The parties agree that the rental to be paid by
Lessee shall be the amount set forth below:
r.., i) Commencing with the date of receipt of the permanent
certificate of occupancy for the hotel and continuing until
December 31 of the second full calendar year following such
date the rental hereunder shall be paid at the rate of the
$50, 000 .00 per annum; thereafter
ii) $ 132, 482 . 00 per year commencing January 1 of the third
full calendar year following the date of receipt of the
permanent certificate of occupancy for the hotel, and
continuing for the remainder of the term of the Lease and
Licensing Agreement and any renewal or extension thereof.
iii) The rental set forth in ii) above shall be adjusted
annually during the term of the Lease and Licensing
Agreement and any renewal or extension thereof to reflect
changes in the Producer Price Index for Finished Goods
published by the Bureau of Labor Statistics of the United
States Department of Labor, from December 31 of the year in
which the permanent certificate of occupancy for the hotel
is received.
3
c) In the event that construction of a hotel is not com-
menced on the Premises within thirty-six (36) months from the
date of the execution hereof, Sections 4.a) and 4.b) above shall
be ineffective and shall lapse; the rental shall revert to the
rental in effect prior to the execution hereof; and Lessee shall
have no option to renew or extend the Lease and Licensing Agree-
ment.
5 . Insurance Requirements .
If it should prove impossible or impractical for Lessee to
obtain insurance coverage as required by Articles XII and XIII
of the Lease and Licensing Agreement, either because no reputable
insurance company will assure the risk, in whole or in part, or
the premiums for such insurance increase more than 100% over the
prior year, then, in such event, the Lessee shall establish a
self-insurance fund, the terms of which shall be mutually agree-
able to the parties hereto.
6. Assignment.
Article XVI is hereby deleted in its entirety and the fol-
lowing is hereby substituted in its place and stead for all
intents and purposes as if the same had originally been set forth
in said Lease and Licensing Agreement.
"Lessee may assign this Lease and Licensing Agreement as
supplemented and amended from time to time, to any partner-
ship, joint venture, corporation, or other entity in which
it is a partner, joint venturer, shareholder, or partici-
pant, or to any established hotel operating or management
firm, without the consent of Lessor. Lessee may not other-
wise assign its interest in this Lease and Licensing Agree-
ment to any other party without prior written consent of
Lessor, provided, however, that the Lessor will not unrea-
sonably withhold its consent if the assignment is for a use
compatible with the uses permitted herein. At all times,
Lessee shall have the right to assign all of its right,
title and interest in and to the Lease and Licensing Agree-
ment as collateral to any type of institutional lender for
the purpose of securing a loan or loans for construction
purposes or working capital needs. "
4
I
7. Lessor represents , warrants and agrees that it has full
Power and authority to grant the amendments, renewal and exten-
sion herein provided for and, if not, it will expeditiously take
such action as may be necessary to enable it to execute and
deliver this Second Supplement to the Lease and Licensing Agree-
ment as a valid, binding, and enforceable agreement, and that the
leasehold estate granted hereby shall be a valid, binding, en-
forceable, marketable and insurable leasehold estate. Lessor
further agrees that, upon request of Lessee, Lessor will execute
any documents necessary to facilitate the intent of the Lease and
Licensing Agreement as amended hereby.
8 . The Lessor hereby acknowledges that the Lease and Licens-
ing Agreement as supplemented hereby is in full force and effect,
and further acknowledges full and complete compliance with all
obligations imposed upon the Lessee by the Lease and Licensing
Agreement as supplemented hereby up to and including the date
hereof, all of which supplements are hereby ratified and con-
firmed in all respects . In the event of a conflict between the
and
of this ry 16,
termsSecond Supplement
the nterms ofhethisuaSecond 1S81 Lease
shall control.
9. As further consideration for the execution by Lessor of
this Second Supplement to the Lease and Licensing Agreement,
Lessee agrees to reimburse Lessor, up to the amount of
additional$30 ,00 . 00� for Lessor ' s
parkingspacesonsLessor ' s other property adjacent to
the North/South seawall on New River Sound at Dania beach;balance of the cost being paid for with proceeds of a grant the
from
the State of Florida.
5
L
i
IN WITNESS WHEREOF, CITY OF DANIA, a Florida Municipal
Corporation, has caused this Second Supplement to January 16 ,
1981 Lease and Licensing Agreement to be executed in its
corporate name by Charles K. McElyea, its Mayor-Commissioner,
and by Robert F. Flatley, its City Manager, and has further
caused its corporate seal to be affixed, attested by Wanda
Mulliken, its undersigned City Clerk - Auditor, on this of March, 1990 . St� day
IN WITNESS WHEREOF, THE ARAGON GROUP, INC. a Florida
Corporation, has caused this Second Supplement to January 16,
1981 Lease and Licensing Agreement to be executed in its
corporate name by Stephen F . Snyder, its undersigned President
and Owen P. Bell, its undersigned Secretary, on this day of
March, 1990 .
Signed, Sealed and delivered
in the presence of: CITY OF DANIA, a Florida Municipal
Corporation
By: IN
C LKEA, Mayor-Commissioner
By:_
ROBE F. FLATLEY, City ager
�P/' ?Ovzcj At To 00�Oilni ,a y/ Attest :
COIC/j�S(�Cf! � f�
`may �'rc fey WANDA MULLIKEN, City Clerk-Auditor
Signed, sealed and delivered
in the presence of:
THE ARAGON GROUP, INC. , a Florida
Corporation
B y:_ X1
STEPHEN F. SNYDER, its President
Attest :
Ltt
OWEN P. BELL, Its Secretary
I6
L�
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this
day of March, 1990 , by Charles K. McElyea, as Mayor-Commission-
er, Robert F . Flatley as City Manager, and Wanda Mulliken, as
City Clerk-Auditor of CITY OF DANIA, a Florida nuni( a,pal Corpora-
tion, on behalf of said corporation.
fJ�
(NOTARY SEAL)
NOTARY :PUBLIC
My Commission Expiresf f!otary Pul if,S; to of NO,Ha '
P11y Ccs'mis:ios Es ia; i;ov. 13, 19s^2 •.'`""`IQ Poj'h":�' jV
B.ntled lhm Ley Fuln•�mumn<u ln4 °...lullueee`e`,
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this
day of March, 1990, by Stephen F . Snyder, Presidg�Af,,, and Owen P.
Bell, Secretary, of THE ARAGON GROUP, INC. , a ;. ' '10fL.d 'scorpora-
tion, on behalf of said corporation-) ;` � "" •.;`' •'�•
(NOTARY SEAL)
NOTARY PUBLIC,
My F;Commission Expires :
Notary Fctt;Cj Stnte of F!oriatl e +.LO'•J.,
.........
My Commission,., -es tiov. 19, 1992 �Are
Y F0,e L
uuee
Bonded ihry irvrr .n �•nronu ln4
7Ile/
Exhibit A to the Second Supplement to
the January 16 , 1981 Lease and
Licensing Agreement
DESCRIPTION OF PARCEL ' A'
Block 203 and that portion of Ocean Drive adjacent to Block
203 , in "HOLLYWOOD CENTRAL BEACH" , according to the plat thereof
recorded in Plat Book 4 , page 20 , of the public records of
Broward County, Florda , less that portion of Ocean Drive adjacent.
to Block 203 as shown on State of Florida Road Department
Right-of-Way Map, Section No . 86514-2601 ; AND
That portion of Fifty First Street (Cambridge St . ) adjacent
to Block 203 as shown on said plat of "HOLLYWOOD CENTRAL BEACH" ,
lying East of Ocean Drive as shown on State of Florida Road
Department Right-of-Way Map Section No. 6603-175 ; AND
A portion of New River Sound as shown on said plat of
"HOLLYWOOD CENTRAL BEACH" , all the above being more particularly
described as follows :
BEGINNING at the northeast corner of. Block 203 of said plat ;
thence 5. 02006 ' 00"E. on an assumed bearing along the east line of
said Block 203 a distance of 53 . 45 feet , more or less , to the
north face of an existing bulkhead ; thence 5 . 86016 ' 24" E . along
the north face of said bulkhead and its extension 267 . 15 feet ,
more or less , to the west face of a concrete strip for parking
meters ; thence 5 .05010 ' 50"W. along the west face of said concrete
strip extended 149 . 24 feet , more or less , to a northerly
right -of -way line of State Road A-1 -A as shown on State of
Florida Road Department Right-of-Way Map Section No . 8603- 175 ;
thence N . 86029 ' 11 " W . along said northerly right -of-way line
248. 19 feet , more or less , to the east line of said Block 203 ;
thence 5 . 02006 ' 00 " E . along said east line 10 . 00 feet to the
southeast corner of said Block 203 ; thence 5 . 02054 ' 10" E . 40 . 00
feet to a point in the south right-of-way line of Fifty First
Street (Cambridge St . ) , said south right-of-way line also being a
northerly right-of-way line of said State Road A-1-A ; thence
Mai 5 . 87 ° 26 ' 35 "W. along the last described line 243 . 90 feet to a
point on the east line of said Ocean Drive as shown on said
Florida Road Department Right-of-Way Map, Section No. 86514 -2601 ;
thence N . 03056 ' 31 ' E. along the said east line 280.47 feet to a
Point ' A ' at the intersection of the said east line of Ocean
Drive with the north line of said Block 203 ; thence 5. 86003 ' 29"E .
along said north line 215 . 00 feet to the POINT OF BEGINNING at
the said northeast corner of Block 203 ; AND
Commencing at said Point ' A ' ; thence N. 86 ' 03129 "W. along
said north line 100.00 feet to a point on said north line being
the POINT OF BEGINNING ; thence continue N. 86003 ' 29"W. along said
north line 128. 25 feet , more or less , to the northwest corner of
said Block 203 being a point on the east line of Canal as shown
on said plat ; thence 5. 03056 ' 31"W. along said east line of Canal
265 . 61 feet to the southwest corner of said Block 203 ; thence
N. 87026 ' 35"E, along the south line of said Block 203 a distance
of 123 . 07 feet to a point on the west line of said Ocean Drive as
shown on said Florida Road Department Right -of--Way Map , Section
No . 86514-2601 ; thence N .03056 ' 31 "E. along said west line 251 . 61
to the POINT OF BEGINNING .
Page 1 of 4
L
S�C1/ XI Z2K5C.P/o7' 1
PARCEL A "
SCALE/"-/Q7'
q spsio��•zv
w
a ti
W v 1
P0.6. S02,�mE ,So2��•E /oar'
NECa 5 45i S E"4Da.'
r '
E eonG}
4103'SG:�/E �
A)� oc .41V oRivE
POB
\•�Qy '....I mN
N
ElimeCJi,�/ h �
4'•f'f1J3 S03So3j
B/k 3J3
BERRY & CALVIN
NOTC�••• Tf,/i5 S,f'E7CY1 c6LAOSURVEYORS Y23.l6U
CIVIL ENGINEERS 921.7781/S NOTA Sll",,5Y ......•
��1M• O.I..N.M.-�1A•Y.IW
f
SHEET 2 Of 2•
Page 2 of 4
n
DESCRIPTION OF PARCEL 'B '
That portion of the NEW RIVER SOUND as shown on the plat of
"HOLLYWOOD CENTRAL BEACH" and recorded in Plat Book 4 , paye 20 ,
Of the public records of Broward County , Florida , described as
follows :
Commencing at the northeast corner of Block 203 of said
Plat; thence 5. 02°06 ' 00"E. along the east line of said Block 203
a distance of 53 . 45 feet , more or less, to the north face of an
existing bulkhead; thence easterly along the north face of
bulkhead 182 . 66 feet said
, more or less , to the west face of an
existing bulkhead being the POINT OF BEGINNING ; thence continue
5 . 86 °16 ' 24 "E. along an extension of the north face of said
bulkhead 84. 49 feet, more or less, to the west face of a concrete
strip for parking meters ; thence N. 05010 , 50 "E. along the west
face of said concrete strip 861. 86 feet ; thence N. 84 ° 49110 "w.
64 . 46 feet to a point on the west face of an existing bulkhead ;
thence 5. 05010150"W. along the west face of said bulkhead 864 . 00
feet to the POINT OF BEGINNING .
i
i
l
r�
Page 3 of 4
4,2ESC. 7/PT/Ors/ �
RARCYZ 6 "
N�p4"'5'ip'Cf/
a.rV�o�
8
W
P.O.C
NEQr
&a:f -V3
m �6.
h �
S�6i62/f' /82Gab'
�l Bsr49'
I�
I
v I
J
BERRY & CALVIN
n� LAND SURVEYOR[
NOTE•' Tf/5 SKETCH � EMI Y�I�Y 2
CIVIL ENGINEERS 9217783/S •....
..VYI�MI.11 W
Page 4 of 4
`',� }--` _ ✓hp'Gi 29 G �^0,4 FiLK 2Uj � I� v ,i,
Z°ti c l82.Co�
N 2 :5
Jt c`ocf zqlcK
Nr e� S,yQPs I
i - p r7• a
CL
I-,`_ ` � g n ,, 2.2B7G � /lcr•as =� 4 _.
r r O
-'7 I - R'1RCEL `•�-. 2 6a' -�
J � e
1... --. -y �.+E. Corner• 8' /d' UU'E-, J —
I \ �fTr:':''C
F;.'k' !rnC F/FTY.F/,C'S Y ST /C.n.41i3R/fGC �.T..1
c l.l,Cr rn,y .P;'pro' Lrne mil' :;/vf� Rood A-/'A S7, f 4,
J
T: N
"DOT - Public Parking Parcel" -
o
A!/7q !7 n T P/Nr AA AA T>
Q SEC. d/p 861514 - 2C,o
K.
"�
L4. 99.
•J'.y' r
•O IO,C
v,90-0
J
EXHIBIT B