Loading...
HomeMy WebLinkAboutR-1989-041 RESOLUTION NO. 41-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING LEASE BETWEEN THE CITY OF DANIA AND FRATERNAL ORDER OF POLICE ASSOCIATES , LODGE 32 , DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain Lease Agreement by and between the City of Dania and Fraternal Order of Police Associates, Lodge 32, Dania , Florida , a copy of which is attached hereto as Exhibit "A" be, and the same is hereby approved , and the appropriate city officials are directed to execute same . Section 2 . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this llth day of April 1989 . �MAYOR - OM I ATTEST: i'CITY CLERK - AUDITOR APPROVED AS TOO FORM AND CORRECTNESS By: !� FRANK C. ADLER, City Attorney f 1 i Resolution No. 41-89 LEASE AGREEMENT THIS LEASE made this day of 1989 , by and between the CITY OF DANIA, Florida, hereinafter called "LESSOR" and FRATERNAL ORDER OF POLICE ASSOCIATES , LODGE 32 , DANIA, FLORIDA, hereinafter called "LESSEE" It is mutually agreed as follows: 1 . DEMISED PREMISES LESSOR hereby leases to LESSEE, subject to the terms, covenants and conditions hereinafter set forth , that certain firing range located at the Boisey Waiters Center, Stirling Road , Dania, Florida , as shown on sketch attached hereto as Exhibit "A" . 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 rented property to conduct classes of instruction and training relating to safe use of fire arms including , but not limited to, range firing and weapons care , with said instruction and training to be done by a certified instructor of the National Rifle Association of America . All range firing shall be under the strict control and supervision of a qualified range instructor and no use of the range will be permitted without such supervision and control . LESSEE shall be responsible for the maintenance and general up-keep of the firing range area of the premises . If the property should cease to be used for the foregoing purposes, this lease shall terminate . 5 . 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. EXHIBIT "" 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 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 Two Hundred Fifty Thousand ' Dollars ($250, 000.00 ) for injuries or death to any one person and not less than Five Hundred Thousand Dollars ($500, 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. FRATERNAL ORDER OF POLICE ASSOCIATES , LODGE 32, DANIA, FLORIDA By: William C. Winkleholz, as President CITY OF DANIA, FLORRIIDA ATTEST: BY: / �Ct' Mayor - Commission City Clerk-Auditor By: City Manager APPROVED AS FOR FORM AND CORRECTNESS By: J ' Frank C. Adler, City Attorney