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HomeMy WebLinkAboutR-1989-049 RESOLUTION NO. 49-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE LEASE BETWEEN UNITED STATES COAST GUARD AUXILIARY, FLOTILLA NO. 39 and CITY CITY OF DANIA; AND AUTHORIZING THE APPROPRIATE PROVIDINGIFORLAN EFFECT VE DATE EXECUTE ID LEASE; AND WHEREAS, the City Commission City Manager and City Attorney Of the City of Dania, Florida , have reviewed the attached form of Agreement and find it to be appropriate to the needs of the City Of Dania. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That the City Commission of the City of Dania, Florida, does hereby approve the Lease Agreement between United States Coast Guard Auxiliary, Flotilla No. 39 and City of Dania, a copy of which is attached hereto and made a part hereof as Exhibit Section'o_?. That the Mayor-Commissioner, City Manager and City Clerk-Auditor are hereby authorized and directed to forthwith execute said Agreement on behalf of the City of Dania, Florida. 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 April , 1989 . R �R M YOR COMMISS ATTEST. , CITY CLERK - AUDITOR" APPROVED AS TO FORM AND CORRECTNESS FRANK C. ADLER, Cit y Attorney J Resolution No. 49-89 1 LEASE AGREEMENT THIS LEASE made this day of , 1989, by and between the CITY OF DANIA, Florida , hereinafter called "LESSOR" and UNITED STATES COAST GUARD AUXILIARY, FLOTILLA NO. 39 , hereinafter called "LESSEE" It is mutually agreed as follows : 1 . DEMISED PREMISES LESSOR hereby leases to LESSEE , conference room No. 2 of I.T. Parker Community Center, subject to the terms, covenants and conditions hereinafter set forth. 2. LEASE TERM The term of this lease shall commence on , 1989 and continue from year to year until terminated by either party hereto. 3. RENT LESSEE shall pay to LESSOR the annual rental of One Dollar payable on each anniversary date of this lease. 4 . USE OF PROPERTY LESSEE shall use the subject property to conduct safe boating instruction and training courses on Monday and Wednesday of each week from 7: 30 P.M. to 9 : 00 P.M. and for monthly meetings on the first Tuesday of each month from 7 : 30 P.M. to 9 : 00 P.M. , and for no other purpose without the written consent of LESSOR being first obtained. Activities on the Dania Cut-Off Canal docks are prohibited . LESSOR' S custodian must be present at all times that the premises are being used by LESSEE, and no use of same shall be made without his presence . No signs, flags or insignias of any kind shall be placed or displayed on the premises by LESSEE. There shall be no smoking in or about the premises. Any breach of any of the foregoing conditions shall cause an automatic termination of this agreement. S. ASSIGNMENTS AND SUBLETTING LESSEE, its successors or assigns shall not, directly or indirectly, assign or sublet the leased premises or any part thereof without the prior written consent of LESSOR. 6 . INDEMNIFICATION OF LESSOR In consideration of said property being leased to LESSEE for the above rental , LESSEE agrees that LESSEE., at all times , will indemnify and keep harmless LESSOR from all losses , damage , liabilities, and expenses which may arise or be claimed against LESSOR and be in favor of any person, firm or corporation , for any injuries or damages to the person or property of any person, firm, or corporation , arising from the use or occupancy of said premises by LESSEE, or arising from any acts, omissions , neglect or fault of LESSEE ( its agents , servants , employees, licensees , customers , or invitees) . That LESSOR shall not be liable to LESSEE. for any damages, losses or injuries to the person or property of LESSEE which may be caused by the acts , neglect, omissions or faults of any person, firm or corporation and that LESSEE will indemnify and keep harmless LESSOR from all damages, liabilities, losses, injuries or expenses which may arise or be claimed against LESSOR and be in favor of any person, firm or corporation, where said injuries or damage arose about or upon said property. �XH/8/T Aft LESSEE agrees that if LESSOR is involuntarily made a party defendant to any litigation concerning this lease or the rented property or the property of which the rented property is a PART BY REASON OF ANY ACT OR OMISSION OF LESSEE AND NOT BECAUSE OF any act or omission of LESSOR, then LESSEE shall hold harmless the LESSOR from all liability by reason thereof, including reasonable attorney' s fees, incurred by LESSOR in such litigation and all taxable court costs, and in case the LESSOR brings an action against LESSEE to enforce any of the terms hereof or commences action for the forfeiture of this lease and the possession of said rented property, or either of them and LESSOR shall prevail in such action, LESSEE agrees to pay to LESSOR such attorney' s fees and expenses as the court may deem reasonable , and the right to such attorneys ' fees and expenses shall be deemed to have accrued on the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment , and if prosecuted to judgment such fees shall be included in said judgment. 7. INSURANCE POLICIES The LESSEE shall provide and maintain at its own expense, during the term of this lease, policies of insurance generally known as public liability and property damage insurance and/or owners' , landlord and tenant insurance, in form satisfactory to LESSOR , insuring the LESSOR, as an additional insured, and LESSEE against all claims and demands made by any person or persons whomsoever for injuries received in connection with the use of the demised premises to extent of not less than Five Hundred Thousand Dollars ( $500 , 000 . 00 ) for injuries or death to any one person and not less than One Million Dollars ($1 ,000,000 . 00 ) for injuries or death to more than one person in any one accident, and One Hundred Thousand Dollars ( $100,000 . 00) in broad form coverage . 8. NOTICE TO VACATE LESSEE agrees to vacate the demised premises within fifteen days of receipt of written notice from LESSOR. IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. UNITED STATED COAST GUARD AUXILIARY FLOTILLA NO. 39 , DANIA, FLORIDA By. Frank Mijares , Commander CITTY OF DANIA, FLORIDA ATTEST: By: ./ `Mayor ommissiQr City Clerk-Auditor By: City Manager APPROVED AS FOR FORM AND CORRECTNESS By: Frank C. Adler, City Attorney -2-