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HomeMy WebLinkAboutR-1989-043 j RESOLUTION NO. 43-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE LEASE BETWEEN THE CITY OF DANIA AND ARCADE GAMING II , INC. ; PRO- VIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PRO- VIDING FOR AN EFFECTIVE DATE. 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 Commisison of the City of Dania, Florida, does hereby approve the Lease Agreement between the City and Arcade Gaming II, Inc. , a copy of which is attached hereto and made a part hereof as Exhibit "A" . Section 2. That the Mayor-Commissioner, City Manager and City Clerk-Auditor are hereby authorized and directed to i forthwith execute said Agreement on behalf of the City of Dania, ....� Florida. Section 3 . That all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict . Section 4 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on the 11thday of April , 1988. MA OR - COM IONER ATTEST: l CITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS BY: -At Frank C. Adler, CITY ATTORNEY i i i Resolution No. 43-89 z 1 pr" I LEASE AGREEMENT 1 THIS LEASE, made this /0'74 day of_ —� - A.D. 19jo by and between the CITY OF DANIA, FLORIDA, herein called the "LESSOR" , and ARCADE GAA7ING II, INC. , a Florida Corporation, herein called the "LESSEE" . It is mutually agreed as follows : 1. DEMISED PREMISES LESSOR hereby leases to LESSEE, AND LESSEE hereby rents from LESSOR; upon the terms, covenants and conditions hereinafter set forth, that certain real property in the CITY OF DANIA, BROWARD COUNTY, STATE OF FLORIDA more fully described as : THAT portion of West Dania Beach Boulevard (Ocean Boulevard) adjacent to Lot 7 of the "TIGERTAIL GROVE RESUBDIVISION" , as recorded in Plat Book 30, Page 20 , of the public records of Broward County, Florida, lying easterly of the east right-of-way line of State Road No. 9 (I-95) and westerly of the southernly extension of the east line of said Lot 7 . 2. LEASE TERM THE term of this lease shall commence on June 1 , 1989 for the initial term of one year. 3. RENT LESSEE shall pay LESSOR during the term of this lease, without previous demand therefor and without off sets or deduction therefrom except as agreed in writing, the sum of Six Thousand Dollars payable in equal monthly installments Five Hundred Dollars due and payable the first day of each month for that month. Payment must be made to the "CITY OF DANIA, FLORIDA" and LESSEE shall be deemed in default if payment is not received by the Fifth (5th) of said month. 4 . SALES TAX IN addition to the rent to be paid hereunder the LESSEE shall pay to LESSOR said sums required to be paid as Florida Sales or Use Tax under then the applicable law and regulations then in effect during the term of this Lease. 5 . USE OF PROPERTY the SEE he te of a parkingSlot andlforsnotothernpurposeperty withoutrwrittenrConsent of LESSOR first being obtained. 6 . ASSIGNMENTS AND SUBLETTING LESSEE, its successors or assigns , shall not, directly or indirectly, assign, or sublet this Lease or any part thereof without the prior written consent of. LESSOR. I J EXHIBIT "A" 7 . TAXES THROUGHOUT the term hereof, LESSOI? shall pay the amount of real estate taxes , together with interest thereon, which shall i be levied and assessed against the rented property by any governmental authority for any period in which the Lease term shall not cover an entire tax year of the governmental authority taxing the rented property, same shall be properly prorated to reflect the period of LESSEE' S possession under this Lease. However, LESSEE shall not be responsible for payment of any special assessment by any governmental authority. 8 . INDEMNIFICATION OF LESSOR IN consideration of said Property being leased to Tenant for the above rental , Tenant agrees that Tenant, 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 anv injuries or damages to the person or property of any person, firm, or corporation, consequent upon or arising from the use or occupancy of said premises by Tenant, or consequent upon or arising from any acts , omissions, neglect, or fault of Tenant' (his agents , servants , employees , licensees , customers , or invitees) , or consequent upon or arising from Tenant ' s failure to comply with the aforesaid laws , statutes , ordinances , or regulations, that LESSOR shall not be liable to Tenant for any damages , losses, or injuries to the person or property of Tenant which may be caused by the acts , neglect, omissions or faults of any person, firm or corporation, and that Tenant 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 , for any injuries or damages to the person or property of any person, firm, or corpora- tion, where said injuries or damage arose about or upon said property. TENANT 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 Tenant and not because of any act or omission of LESSOR, then Tenant shall hold harmless the LESSOR from all liability by reason thereof, including reasonable attorneys ' fees , incurred by LESSOR in such litigation and all taxable court costs , and in case the LESSOR brings an action against Tenant to enforce any of the terms hereof or commences action for the for- feiture of this Lease and the possession of said rented property, or either of them, and LESSOR shall prevail in such action , tenant agrees to pay to LESSOR such attorneys ' 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 judgement, and if prosecuted to judgement, such fees shall be included in said judgement. 9 . 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' LESSOP., 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 . (Said lease is contingent upon the availability of insurance) J 10 . NOTICE TO VACATE LESSEE agrees to vacate the demised premises within fifteen days of receipt of written notice from LESSOR provided the demised premises is necessarily vacated to initiate construction of West Dania Beach Boulevard. IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. i ii:SSOR 1 � I �"� tit=� //,!`:j �_t;irL,•Z! l /< <=1. ——LESSEE Arcade Gaming I Inc. 1801 N.W. First Street Dania, Florida 33004 CITY OF DANIA, FLORIDA, Lessor i, By: Mayor - Commissioner _. By: City Manager j ATTEST: 'City Clerk - Auditor 1 APPROVED AS TO FORM, AND CORRECTNESS Frank C . Adler, City Attorney I '