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HomeMy WebLinkAboutR-1990-118 1 RESOLUTION NO. 118-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF DANIA AND P. A.S. , INC. , RELATING TO FISHING PIER RESTAURANT FACILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: j� Section 1 . That that certain Lease Agreement between the City of Dania and P.A. S. , Inc. , relating to fishing pier {i restaurant facility, a copy of which is attached hereto as Exhibit be and the same is hereby approved , and the appropriate city officials are hereby directed to execute same. Section 3 . That this resolution shall be in force and take effect immediately upon its passage and adoption. llth December � 1990. 1 PASSED and ADOPTED this day of AYOR JP ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS: FR NK C. ADLER, City Attorney �1 d i 'i ' 118-90 Resolution No. a _I s� •a AGREEMENT THIS AGREEMENT is entered into this day of 1990, by and between the CITY OF DANIA (hereinafter referred to as "City" ) , and P.A.S. , INC. ( hereinafter referred to as "Lessee" ) . WHEREAS, based upon the commitments of the Lessee, the City has determined that it is in the best interest of the City of Dania to enter into a Lease Agreement; now, therefore: IN CONSIDERATION of the covenants and agreements herein contained and of the payment of monies as hereinafter set forth, the parties hereto mutually agree as follows: 1. EFFECTIVE DATE: This lease shall exist between the City and Lessee, its successors and assigns , and its terms and conditions shall become effective after Lessee has obtained all governmental authorizations and permits of any kind or nature necessary to operate a restaurant enterprise, except that all authorizations and permits shall be obtained no later than January 1 , 1991. 2. REAL PROPERTY: The City hereby lets to the Lessee and the Lessee hereby hires and lets from the City the following described real property: The restaurant portion, restrooms and storage facilities of the City of Dania Fishing Pier located at 300 North Beach Road , Dania Beach as shown on attached Exhibit "A" , together with all equipment on said premises as described in Exhibit "Bn EXHIBIT "A" 3. STRUCTURES: In addition to the real property as described in paragraph 2, the City agrees to let and Lessee agrees to hire and let, the structures located on the real property described in paragraph 2 of the agreement including all of the pipes, sinks and plumbing fixtures which are appurtenant to the leased facility as well as all exterior lighting and the connections to the exterior lighting. 4. TERM: The term of this agreement shall commence upon date of approval of this agreement by the city commission. The term shall continue until December 31 , 1991 , plus any option renewal periods exercised unless terminated sooner as provided herein. 5. HOURS OF OPERATION: Lessee shall keep the restaurant open for business a minimum of eight (8 ) hours per day and seven i days per week. 6. SECURITY DEPOSIT: Lessee shall deposit one thousand dollars ($1 ,000. 00 ) with the City to guarantee performance under the terms of this agreement. Failure by Lessee to fully perform the covenants of this agreement shall forfeit said amount to the City as liquidated damages. Said deposit shall be refunded at termination of lease if performance has been acceptable to the City. 7. CONSTRUCTION BY THE LESSEE: Plans and specifications shall be submitted to the Growth Management Department of the City of Dania, whereupon the plans and specifications shall be considered by the growth management department of the city which department shall make a recommendation to the City commission -2- l� regarding the proposed construction. Upon approval by the city commission, the plans and specifications shall be processed in accordance with the established City procedures for the issuance of building permits. Any approval of such construction by the City shall be upon such terms and conditions as the City may deem appropriate. All construction shall be subject to the approval of the City as to design, use and type of construction and must meet all of the requirements of the applicable building code. The City may in the future authorize construction by the Lessee such additional structures and facilities upon the leased premises as the City may, in its sole discretion, deem to be in the public interest. In the event any construction not specifically authorized herein, is done by the Lessee without the approval of � j' the City the City may require the Lessee, at the City' s option, to remove the same or cause the same to be changed to conform with F the original design and type of construction. In the event the Lessee fails to commence removal or change within forty-five (45) days from written notice by the City, the City may effect removal `^ or change and the cost thereof shall be borne by and be the responsiblity of the Lessee. Prior to undertaking any construction, Lessee shall provide the City with a performance bond equal to the estimated construction costs of the improvements so as to adequately satisfy the City that all improvements be completed and fully paid for free of liens. The Lessee agrees to hold the City harmless from any claim of lien by any contractor, sub-contrator, material provider or other -3- person or firm or corporation whatever and the Lessee further agrees to hold the City harmless and to reimburse the. City for all costs including costs of defense, attorneys fees and other expenses in connection with any claim of whatsoever kind, whenever the same may be presented, arising out of any construction whatever in connection with this lease agreement. All of the improvements of this agreement and any other buildings or structures constructed by the Lessee or his agents or assigns on the real property described in paragraph 2 and all alterations, improvements, changes or additions made in or to the leased premises shall be the property of City and Lessee shall have only a leasehold interest therein, subject to the terms of this lease. r 8. RENT: Lessee covenants and agrees to pay to City without notice or demand, at the City' s notice address specified in paragraph 26 as monthly rent for the premises as follows: FIRST YEAR OF LEASE. . . . . . . . . . . December, 1990 rent shall be Prorated . 0 " " • •$660. 00 per day and shall be calculated from the0next day after approval of this agreement by the city. commission. If the Lessee neglects to make any payment to the City within r thirty (30) days after the day on which the payment is due and owing, the Lessee shall pay to the City for such privilege an additional charge of twenty-five dollars ($25. 00 ) per day for each day' s delay in payment, retroactive to and beginning with the first day of the month. Notwithstanding any other terms and conditions, the City shall comply with all legal notices and proceedings in accordance with Florida Statutes. Further on the first day of the month following the month in which the -4- 1� delinquency occurred, the rental due for that month as well as the minimum rental for the next succeeding month will be due and Payable. The City' s right to assess the penalties for payment made later than the day upon which such payment is due, shall be in addition to its right to terminate the lease in the event a rental payment is due and owing for more than thirty (30 ) days. The prompt payment of the rent for the leased premises described in paragraph 2 of this lease upon the time specified is a primary condition upon which this lease is made and accepted and any failure on the part of the Lessee conditions shall to comply with that , at the option of the City, work a forfeiture of -this contract. The City shall comply P Y with all legal notices and Proceedings in accordance with Florida Statutes. PPP 9. DESTRUCTION OR DAMAGE: In the event of destruction or damage to any portion of the leased premises due to hurricane or storm, fire, elements, the public enemy, riot, or other casualty, the City shall remove all debris resulting from such damage from the leased premises. If the destruction or damage is caused by negligence of the Lessee, fire from electrical lines or appliances under the jurisdiction of the Lessee, acts by Lessee ' s employees, subtenants or patrons of the restaurant, then the Lessee shall remove all debris and make all necessary repairs promptly to bring the structure up to the specifications contemplated by this lease. The Lessee shall next decide whether all or a portion of the leased premises is still functional and if the City concurs that all or a portion of the restaurant is still functional and poses -5- ono threat to the safety of the public, then the rental payment owing to the City shall be decreased by the same percentage that Lessee 's net revenues will be reduced as a result of loss of revenue from the destroyed or damaged portion of the restaurant. If the reduction in net revenue due to damage to the leased premises is greater than fifty percent (50% ) in the months after the damage to the leased premises occurs, the Lessee shall have the option to cancel this lease . In the event of total destruction of the leased premises, the City shall be under no obligation to rebuild it and said rent to be reduced accordingly. If in fact Lessee determines and wishes to continue operation of the leased premises, the monthly rental shall be reduced in accordance with the formula set forth herein. In the event of any controversy arising as to the adjustment for rental proper Proper as herein provided, the Lessee shall continue paying under, the last preceding rental adjustment as herein provided, until such time as said controversy has been settled. 10. CARE, MAINTENANCE AND REPAIR: The throughout the Lessee shall , term of this lease, assume the entire responsibility and shall relieve the City from all responsibility for all repair and maintenance and costs whatsoever on the structure described in Exhibit "A" , except for the exceptions Listed as follows, said responsibility for the care, maintenance and repair by Lessee shall not commence until the time period as set forth in paragraph (1 ) herein of this agreement in accordance with the commencement of the payment of rent. —6— A. The City shall provide maintenance and upkeep to provide that the structural stability of the leased premises including the walkway west of the restaurant, the wooden deckings, existing pilings and foundations south of the tackle shop, sewage and drain lines and fresh water supply lines and railings of the leased premises are maintained to a safe degree. Wooden decking not included in this definition is the flooring within the restaurant, patios and entry to the leased premises. This latter group shall be maintained by the Lessee at the Lessee ' s cost. B. The City shall be responsible for maintenance and -.- repair of the electrical power service lines which connect to all City required lighting fixtures on the walkways as well as the navigational lights and the City shall keep such t lighting in good working order. r C. The Lessee shall be responsible for maintenance and repair of all electric power service, including the cost of °-^ electricity, other than that described in B above. City shall be responsible for and maintain fresh water supply lines, sewer lines and drain lines to the property. D. The Lessee ' s duty to maintain shall include, but not be limited to, the following areas: ( a) To keep in clean and orderly condition and appearance the decking and railings as well as any of the interior fixtures , equipment and personal property which are located in any parts of the leased facilities which -7- are open to or visible by the general public. (b) The Lessee shall keep the decking of the leased premises free and clear of any objects or impediments which may be discarded or left behind by either patrons or employees of the lessee and to prevent any hazardous conditions from existing on the decking due to the location of any items left situated on the decking. (c) Lessee agrees to promptly notify City and all proper utilities of any damaged utility service lines including , but not limited to service lines for the supply of water, gas service lines , electric power and telephone conduits and lines which service any buildings M or structures which are a part of the leased facilities. (d) To maintain and clean any grease traps which are located on the premises. (e) To maintain and keep in sanitary condition the restrooms and to be responsible for any repairs including plumbing and electrical which are necessitated within such restaurant restrooms. ( f) To inspect all decking and railings weekly for which the city is responsible and to report any defective condition thereof to the public works administrator. E. The Lessee shall keep the public restrooms on the leased premises open duing regular business hours each day for use by the public generally and the Lessee shall not have the right to restrict the use of said public restrooms to patrons of the restaurant only. -8- 11 . WATER DAMAGE: It is expressly agreed and understood by and between the parties to this agreement, that the City shall not be liable for any damage or injury by water which may be sustained by the Lessee or any subLessee or for any other damage or injury resulting from the carelessness, negligence or improper conduct on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of the water sewer or swell pipes, or other leakage in or about the said building. 12. UTILITIES: In addition to the compensation to be paid the City above mentioned, the Lessee shall pay for all utilities used or consumed in . connection with the operation of the restaurant and restrooms. The Lessee shall pay for the utilities directly to the respective utility companies. If the Lessee or any sublessee neglects to pay any charges for utilities or services when the same become due and payable, then the City may consider the Lessee to be in default of this lease agreement and may institute those remedies prescribed in paragraph 24 A. 5. 13 . SOLID WASTE: City agrees to provide for the pick-up and removal of all garbage, debris and solid waste materials which are generated by patrons and customers of the leased premises. The Lessee shall place all garbage and solid waste into plastic bags. Waste shall not exceed an average of four 55 gallson drums per week. In the event solid waste exceeds this amount, City, at its option, reserves the right to discontinue solid waste service and require Lessee to contract with a private sanitation service or charge the Lessee a sanitation fee. 14 . ACCESS: Lessee shall cooperate with City where City may -9- in the flow of traffic to the leased premises which will not deny access to the parking lot. 15. INSURANCE: The Lessee shall during the term of this lease insure and keep insured to the extent of not less than one hundred percent ( 100%) of the replacement cash value of all buildings , structures, fixtures and equipment on the premises leased to the Lessee against such hazards and risks as may now or in the future be included under the Standard Form of Fire and Extended Coverage Insurance Policy of the State of Florida and also against the following hazards and risk. The Lessee covenants and agrees to provide and keep in force and effect comprehensive general public liability and property damage insurance to include independent contractors. Such comprehensive general liability coverage shall not be less that Five Hundred Thousand Dollars ($500 ,000.00) combined single limit bodily injury and property damage insurance, holding harmless and r. indemnifying the Lessee and the City as their interests may appear against public liability and property damage claims and to furnish the City at all times with an appropriate certificate from the insurance carrier showing such insurance to be in force. It is further understood and agreed that the Lessee or his agents shall carry product liability and completed operations coverage with a combined single limit for bodily injury and property damage of Five Hundred Thousand Dollars ($500,000. 00) . All policies of such insurance and renewals thereof shall insure the City and the Lessee as their interests may appear. . -10- 1� The aforesaid insurance shall be written by companies authorized to do business in the State of Florida, and listed in "Best' s Insurance Guide" , or a comparable publication in the event of the discontinuance of publishing "Best' s" said insurance company having a minimum rating in "Best' s" of "A 10" . The policies or certificates representing such insurance shall be delivered by the Lessee to the City and each policy or certificate delivered shall bear the endorsement of or be accompanied by evidence of payment of the premium thereon and also an endorsement obligating the insurance company to furnish the City thirty (30 ) days notice in advance of the cancellation of the insurance evidenced by said policy or certificate. Renewal -policies or certificates shall be. delivered to the City at least thirty ( 30) days before the expiration of the insurance which such policies are to renew. When such policies or certificates have been delivered by the Lessee to the City as aforesaid and at any time or times thereafter, the City may notify the Lessee in ._.. writing that the insurance represented thereby does not conform to the provisions of this paragraph either because of the amount or because of the insurance company or for any other reason, and Lessee shall have thirty ( 30 ) days in which to cure the defect. Failure to cure such defect within thirty ( 30 ) days shall constitute a breach of this agreement by the Lessee, entitling the City to all remedies occasioned by default. All contracts entered into by the Lessee shall be subject to review by the City of Dania in order to determine that the city shall incur no liability not adequately covered by insurance and -11- all contracts pursuant - .o this paragaph shall be submitted to the City prior to being entered into by the Lessee. 16. CITY LIABILITY: The City in agreeing to the responsiblities outlined in Paragraph 10 of this lease agrees o defend the Lessee and hold it harmless from any claim arising out of any injury or damage to persons or property described in paragaph 2 of this agreement caused by any act or omission to act of any City employee, or occurring on account of any wrongful breach of this lease agreement by the City. 17. LESSEE LIABILITY: The Lessee assumes all risks in the operation of the leased facilities described in paragraph 2 of this lease agreement. The Lessee agrees that it shall be solely r+ responsible and answerable in damages for all accidents or injuries to persons or property occurring on the leased premises and hereby covenants and agrees to indemnify and save harmless the City and its officers and employees from any and all claims, suits, losses, damage or injury to personal property or life and limb of whatsoever kind and nature , whether direct or indirect, arising out of the operation of said leased premises or the carelessness , negligence or improper conduct of the Lessee or any agent, servant, employee contractor and supplier, which responsibility shall not be limited to the insurance coverage herein provided exclusive of any areas which are maintained by the City. 18 . NO ASSIGNMENT OR SUBLETTING: The Lessee is not permitted to assign, transfer, convey, sublet or otherwise dispose of this agreement or of this right, title or interest therein, or -12- the power to execute this agreement to any other person, company or corporation without the previous written consent of the City commission which consent will not be unreasonably withheld; that neither said agreement nor the rights therein granted shall be assignable or transferable by any process or proceedings in court, or by judgment, execution, proceedings , insolvency, or bankruptcy, either voluntary or involuntary, or receivership proceedings, and in the event of the insolvency or bankruptcy, either voluntary or involuntary, of the Lessee, the City may, at its option, terminate and cancel this agreement upon ten ( 10 ) days written notice, in which event all rights of the Lessee hereunder shall immediaely cease and terminate and it, or its representatives, shall immediately deliver up possession to the City. If the Lessee, r� shall , without the previous written consent specified in the first paragraph of this section, assign, transfer, convey, sublet or otherwise dispose of the same, of his right, title or interest therein, or the power to execute this agreement, to any other person, company or corporation, the City may revoke and annul this agreement, and the City shall be relieved and discharged from any and all liability and obligation arising out of said agreement to such Lessee and to the person, company or corporation to whom he shall assign, transfer, convey, sublet or otherwise dispose of the same. 19. RIGHTS OF ENTRY RESERVED: The City, by its officers, agents, employees, representatives and contractors shall have the right at all reasonable times to enter upon the premises for the purpose of inspecting the same , for observing the performance by -13- Lessee of its obligations under this agreement and for doing any act or thing which the City may be obligated or have the right to do under this agreement or otherwise as long as said inspection or visit does not interfere with the normal business of the Lessee. 20. TAXES: Lessee shall be responsible to pay all real and personal ad valorem taxes and other taxes which are now and may be hereafter levied by any governmental unit or agency having the authority to levy such taxes, upon any of the real property described in this lease, or any of the business operations conducted by the Lessee upon the real property described in this lease agreement. 21. OBLIGATIONS OF THE LESSEE: A. Lessee shall purchase merchandise and fresh food for sale which merchandise and food is of a quality generally accepted in the market place as acceptable for purchase and complies with the standards of all applicable regulatory agencies. Merchandise and fresh food shall be purchased through insured, bonded suppliers. B. The Lessee shall conduct its operation hereunder in an orderly and proper manner, considering the nature of such operations and shall comply with all ordinances of the City. In addition, the Lessee must operate for the use and benefit of, and service to the public without imposing excessive or unjust or abnormal requirements on customers, guests and invitees . C. The Lessee shall commit no lawful nuisance , waste or injury on the premises and shall not do or permit to be done -14- anything which may result in the creation or commission or maintenance of such nuisance, waste or injury on the premises. D. The Lessee shall comply with all laws, ordinances , rules, regulations and orders of the City and any other governmental entity having jurisdiction now in force or enacted at any time during the term of the lease which as a matter of law are applicable to or which affect the operation of the Lessee of the leased property. The obligations of the Lessee to comply with governmental requirements is provided herein for the purposes of assuring property safeguards for the protection of persons and property on the premises. Such provision is not to be construed as a submission by the City to application to itself of such requirements of regulations. 22. SIGNS: That the Lessee shall not erect, maintain or display any signs, flags or any advertising at or on the exterior property being leased in this lease agreement that are in conflict with the applicable City ordinances pertaining to said property. 23. ADDITIONAL RENT AND CHARGES: If the City is legally required or elects to pay any sum or incurs any obligations or expenses by reason of the failure, neglect or refusal of the Lessee to perform or fulfill any one or more of the conditions, convenants or agreements contained in this agreement for more than fifteen ( 15 ) days after a written request has been mailed by the City/ then the Lessee agrees to pay the sum or sums so paid for the expenses so incurred, including all interest , costs , damages and penalties , and the same may be added to any installment of —15— rent thereafter due hereunder and each and every part of the same shall be and become additional rent recoverable by the City in the same amount and with like remedies as if it were originally a part of the rent as set forth in paragraph 8 hereof. The Lessee shall have the option to post a bond for the amount of the expense in the event the Lessee contends that such expense is felt to be excessive. 24. EVENTS CONSTITUTING DEFAULT: A. The Lessee will be considered in default of this lease if any one or more of the following events shall occur: I. If the Lessee shall voluntarily abandon, desert vacate any of the properties described in this lease or discontinue its operation at the leased premises. w 2. If any lien is filed against the premises because of any act or omission of the Lessee and is not removed or secured by bond or otherwise, within thirty (30 ) days after the Lessee has received notice thereof; or 3. If the Lessee shall fail duly and punctually to pay the rental or to make any other payment required _ hereunder when due to the City and shall continue in its failure to pay rentals or to make any other payments required hereunder for a period of thirty ( 30 ) days after the first of the month after written requests, the date upon which it is due, then City shall be entitled to avail itself of the remedy for default as provided in paragraph 8 of this lease agreement ; or -16- L� J 4. If the Lessee shall fail to keep, perform and observe each and every other promise, covenant and agreement set forth in this agreement on its part to be kept, performed or observed within thirty (30) days after receipt of notice of non-compliance thereunder from the City except where fulfillment of its obligation requires activity over a period of time and the Lessee shall have commenced to perform whatever may be required for fulfillment within thirty ( 30) days after receipt of notice and continue such performances without interruption and except where fulfillment is prevented by causes beyond its control and except as otherwise provided herein. 5. Upon the occurrence of any such event except the event prescribed in subparagraph 3 of this section or at any time thereafter during the continuance thereof, the City, by thirty ( 30) days written notice, may terminate the rights of the Lessee hereunder and his letting, such termination to be effective upon the date specified in such notice. Upon the date specified in the notice, the City, its agents or attorneys, shall have the right to enter any of the areas described in paragraph 2 and remove all persons therefrom forcibly or otherwise and the Lessee hereby expressly waives any further notice required by law to terminate tenancy, and also waives any and all legal proceedings to recover possession of the property leased. Such right of termination and the -17- exercise thereof shall be and operate as a conditional limitation. The City shall comply with all Florida Satutes pertaining to re-entry and notice. B. WASTING OR DESTRUCTION OF PROPERTY: In the event the activities of the Lessee which are in derogation to the terms of this lease, are such as to constitute a wasting or destruction of the leased premises then and in that event, it shall not be necessary for the City to suffer the wasting or destruction of said property during the aforesaid periods of notice , but in such event, the City shall give the Lessee seven (7 ) days notice within which to terminate the aforesaid destruction or waste to terminate any act or practice which shall place the City or the property of any individual located properly upon the leased premises or in danger of / destruction or waste. If at the expiration of the aforesaid t1 seven (7 ) days from the service of notice upon the Lessee in accordance with the provisions for service of such notice as contained in this lease agreement the Lessee has not teminated such waste of the City' s property or the waste of any individual ' s property which may be located upon the leased premises as aforesaid, then and in that event, the City shall have the right to enter upon the premises forthwith and the Lessee shall remove himself from the premises forthwith and this lease shall be deemed cancelled and terminated as of the expiration of the aforesaid seven (7) days. -18- C. No acceptance by the City of rental, fees, charges or other payments in whole or in part for any period or periods after a default of any of the terms, covenants and conditions hereof to be performed, kept or observed by the Lessee shall be deemed a waiver of any right on the part of the City to terminate the lease. D. No waiver by the City of any default on the part of the Lessee in performance of any of the terms, covenants or conditions hereof to be performed , kept or observed by the Lessee shall be or be construed to be a waiver by the City of any other or subsequent defaults in performance of any of the said terms, covenants and conditions. E. The rights of declaration of default described above r shall be in addition to any other rights of termination provided in this agreement and in addition to any rights and remedies the City would have at law or in equity consequent upon any breach of this agreement by the Lessee and the exercise by the City of any right of termination shall be without prejudice to any other such rights and remedies. 26. NOTICES: Except wherein expressly required or permitted herein to be oral, all notices, requests, consents and approvals required to be given to or by either party shall be in writing, and all such notices and requests shall be personally delivered to the designated officer or representative of such party or delivered to the office of such officer or representative during regular business hours or forwarded to him or to the party at such address by certified or registered mail . The Lessee shall from —19— J time to time designate , in writing , an office within Broward County, Florida, an officer or representative whose regular place of business is at such office , upon whom notices and requests may be served. City designates the city manager and, until further notice , the Lessee designates its president as its officer upon whom notices and requests may be served at 202 S.W. 3rd Place , Dania, Florida 33004 and the City designates its city manager at Dania Administrative Center , 100 West Dania Beach Boulevard , Dania, Florida 33004 as their respective offices where notices and requests may be served. The notices herein required to be served shall be deemed effective and served as of the date of the registered or certified mailing thereof. 27. USES ALLOWED THE LESSEE: Lessee shall have sole and from the leased premises exclusive right to sell or rent in, on or all items which would be in compliance with present zoning for said structures including but not limited to food, beverages , including alcoholic beverages for consumption on premises, maritime equipment, sporting goods and related items, gifts and related items, tourist and related service and items and such other uses which may be approved by the city commission and said approval shall not be unreasonably withheld. The City agrees to allow and permit the sale of beer and wine by Lessee on the demised premises. Lessee will not be allowed any package liquor sales. -20- 28. PLACE OF PAYMENTS: All payments received by the City by this agreement shall be made at the office of the finance director of the city at Dania Administrative Center, 100 West Dania Beach Boulevard , Dania, Florida 33004 . 29. PARKING LOT: Lessee understands that he has no right to provide parking at the beach parking lot for restaurant patrons except that City shall allow Lessee to issue free parking prmits for breakfast customers between the hours of 8:00 and 11 :00 a.m. Abuse of this priviledge may result in its withdrawal by the City. At all other times, free parking, not to exceed four (4 ) spaces , shall be provided only for the Lessee and his employees. 30. HEADINGS: The paragraph "headings" contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this agreement. 31. ENTIRE AGREEMENT: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matter contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. -21- L� 32. PARKING METER CHANGE: As a service to all beach patrons, Lessee agrees to provide money changing for persons needing coins to operate parking meter devices. 33. CITY'S RIGHT TO TERMINATE LEASE AGREEMENT: Notwithstanding anything herein to the contrary, City expressly reserves the right to cancel this lease in its sole discretion and without cause upon giving written notice to Lessee at lease thirty ( 30 ) days next preceding the effective date of such cancellation. 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: Lessee 1 CITY OF DANIA, FLORIDA By: Mayor - Commissioner By: City Manager Attest: (City Seal) City Clerk - Auditor APPROVED AS TO FORM AND CORRECTNESS By: Frank C. Adler, City Attorney -22- I� est Room Room [n 1 H - Cyy ! H O 77 z rot r Q C7 [LJ O En E `H CU O x \ z Y x7 H H ro r � F 3 N t'1 H .. - O z .. co N r _ t9 N t+1 H z r a t� M 0 w 0 v