Loading...
HomeMy WebLinkAboutO-1969-538 c I VAM I. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE PROPER OFFICIALS OF CITY OF DANIA, FLORIDA, TO ENTER INTO A I LEASE AGREEMENT WITH ARTHUR L. COLLINS, DOING BUSINESS AS ALCO INDUSTRIES; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH; AND PROVIDING THAT THIS ORDI- NANCE SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION. BE. IT ORDAINED BY THE CITY 'COMMISSION OF THE CITY OF DANIA,• FLORIDA: j i I Section 1. - That the Mayor-Commissioner, Acting City . Manager and City Clerk-Auditor be and they are hereby authorized f to enter into a lease agreement with Arthur L. Collins, doing busi- i Hess as Alco Industries, concerning the leasing of an area at Dania Beach, Dania, Florida, to be used as the site or location of an I amusement device known as a "fun slide" . Attached hereto is a copy �e of the form of lease which is authorized by this ordinance. ` i Section 2 . - That all ordinances or parts of ordinances in j i I conflict herewith are hereby repealed to the extent of such conflict. I Section 3 . - That this ordinance shall be in force and take I effect immediately upon its final passage and adoption. 4 i PASSED and ADOPTED on First Reading on the 17th day of Febru- ary, 1969 . PASSED and ADOPTED on Second Reading on the 3rd day of March, I r f'f 1969. ! l PASSED and ADOPTED on Third Reading on the 17th day of March, . I; { l l 1969. f I k Mayor-Commissioner i; Attest: y t�t liOol lI ,C• y�Clerk-AudC �- ..e JT.T r!^AiNats '�✓M��x r,+a 4�,A ram.... NN; E F 1 F7, r LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this 17th day of March, 1969, by and between CITY OF DANIA, a Florida municipal corporation (hereinafter referred to as the "Lessor") , and ARTHUR L. COLLINS, doing business as Alco Industries, whose mailing address is 2500 N.E. 22nd Terrace, Fort Lau- derdale, Florida (hereinafter referred to as the "Lessee") , I W I T N E S S E T H r i WHEREAS, the Lessor is the owner of the municipal lands in Dania, Broward County, Florida, commonly known as Dania Beach; and I WHEREAS, at Dania Beach, there is a building formerly used i I as a site for marine animal shows and commonly known as the k I "marinearium building" ; and WHEREAS, immediately North of the marinearium building is j a water area known generally as the Dania Marina; and I WHEREAS, with respect to the Dania Marina, the South line i constitutes a sea wall which runs generally in an easterly-westerly direction; and j i immediately adjacent to the Dania 1 y adj 7 N)arina on the East is a strip of land 80 feet in width (running from East to West) and extending in a northerly-southerly direction; and I I I WHEREAS, the westerly line of said 80 foot strip is a sea wall and the easterly line of said 80 foot strip is the westerly -1- line of the roadway which runs in a northerly-southerly direction so as to furnish a road to the Dania fishing pier and to other facilities at the North of Dania Beach; and WHEREAS, the Lessor desires to lease a part of said 80 foot strip to the Lessee so that the Lessee may construct and operate thereon an amusement device for the public to be known as a "fun slide" ; and OHEREAS, the specific area to be leased on said 80 foot strip .. shall be an area that has North-South dimensions of 250 feet and East-West dimensions of 50 feet, with said area to be leased to be known herein as the "amusement land area" ; and WHEREAS, the South line of the amusement land area shall co- incide with the easterly extension of the South line (that is, the sea wall) of the Dania Marina; and i WHEREAS, the East line of the amusement land area shall be 10 feet West of, and parallel to, the West line of the aforesaid roadway to Dania fishing pier; and WHEREAS , the West line of the amusement land area shall be f 20 feet East of Intracoastal Waterway; and F } WHEREAS, the North line of the amusement land area shall be 250 feet North of the South line of the amusement land area; and WHEREAS, the Lessor has advised the Lessee that all or a i portion of the amusement land area may constitute part of a road i 1 right of way which is dedicated, or which may be dedicated, for a I public road right of way and which the Lessor is obligated to open I and improve for right of way purposes pursuant to an earlier agree- f ment with Hollywood, Inc. , a Florida corporation; and WHEREAS, the said Hollywood, Inc. , has indicated to the -2- i € E iLessor that it has no objection to the Lessor leasing the amusement i land area if the Lessee covenants and agrees to remove any and all buildings, fixtures and structures erected in the amusement land area after 90 days ' notice from the Lessor; and WHEREAS, with respect to the said leasing, the parties wish to reduce their various understandings to writing, NOW, THEREFORE, in consideration of the sum of Ten and no/100 I Dollars paid by the Lessee to the Lessor, the receipt of which is � I hereby acknowledged, and in further consideration of the mutual co— venants hereinafter contained, IT IS AGREED AS FOLLOWS : I. The Lessor hereby leases unto the Lessee and the Lessee hereby leases from the Lessor the aforesaid lands referred to as ^'~ the "amusement land area" (the same being a strip 250 feet long, in a North-South direction, and 50 feet wide in an East-West direc- tion) which are located generally north of the existing marine- s arium building at Dania Beach, Dania, Florida, to have and to hold the same for a term of three years beginning June 1, 1969, and f ending May 31, 1972 . The Lessee shall use such lands for the pur- pose of constructing and, operating an amusement device to be known i as a "fun slide" and for no other purposes whatsoever. f I i j II. i 1. The Lessee agrees to pay as rental to the Lessor, not I later than the loth day of a particular month, an amount equal to I 10% of the gross income derived from the operation of the fun slide during the previous month. Without limitation, the gross income shall include all admissions, ticket sales, merchandise sales and , -3- C 1 . I r; a i i f f / r all other types of income or receipts derived by the Lessee from the k operations conducted by it at the amusement land area . However, E if the gross income earned by the Lessee during a particular month is such that the application of the agreed upon percentage rate k I i shall produce a rental of less than $500.00 for a particular month, the Lessee shall pay to the Lessor the amount of $500.00 for the i particular month, instead of the agreed upon percentage of 10% of the gross income derived during the particular month, and said $500.00 i I ' shall be deemed to be the rental for the month, subject to the an- nual adjustment made at the end of each fiscal year which is refer- fed to in subparagraph 2 . of the within paragraph. I j i 2 . For the purposes of this lease agreement, a fiscal year i shall begin as of June 1st and end as of May 31st of the following year, during each and every year of the term of this lease. Within thirty days after the end of each fiscal year, the parties shall I conduct an accounting between themselves as to the rents paid during the previous fiscal year. If the gross income of the fun slide r during the previous fiscal year shall exceed $60,000.00, the amount I i jthat should have been paid to the Lessor, for rent, shall be 10% of the gross income derived from the operation of the fun slide during the fiscal year. However, if the gross income during the pre- vious fiscal year has been less than $60, 000.00, any percentages i i shall not apply and the agreed upon rent due the Lessor during the I I fiscal year shall be a flat rental for the year of $6,000.00, it being the intent and understanding of the parties that the Lessor jshall receive a minimum rental of $6,000. 00 per fiscal year from the � f Lessee during the entire term of the lease. If it is discovered k that there has been any overpayment of rents by the Lessee as a I -4- ff k n ey- .F t, result of said accounting to be conducted at the end of each fiscal f year, the Lessor shall make whatever refund is proper to the Lessee. III. j The Lessee shall be obligated to deliver to the Lessor a financial statement, prepared by a certified public accountant, not l less than once during each six months period of this lease and such E statement shall reflect •"the -gross income received by the Lessee during the preceding six months period. Each such statement shall - f be delivered within 30 days after the expiration of any six month f i period. j IV. The Lessee covenants and agrees as follows: i ^t (a) To pay to the Lessor all rent which shall become due under the terms of this lease agreement, promptly and without delay, j i at the City Hall, Dania, Florida. (b) To use the demised premises for the purpose of opera- I ting an amusement device known as a "fun slide" and not to sell any < food products, cigarettes or tobacco products, soft drinks or mer- chandise or for any other purposes whatsoever. (c) To protect and hold the Lessor harmless at all times against the possibility of liability for any loss, injury or damage to any person or property as a result of any act or omission of the I JLessee, its agents, employees, servants or any other person on the demised premises, and in the event that a suit is instituted against j i j the Lessor arising out of any act or omission which allegedly took i place on the demised premises, the Lessee shall be obligated to under- take the defense of such action on behalf of the Lessor, at the ex- -5- jyyy��µ 1 �w F GI J: 1 pense of the Lessee, and indemnify and hold harmless the Lessor from all loss, expense, cost or damages resulting from such action. (d) To purchase public and employees liability insurance i jcoverage, also known as Owner 's, Landlord' s and Tenant 's Liability i Insurance during the term of this lease, with such coverage to be f in an amount of not less than $100,000 as to liability to any one i individual and not less than $300,000 as to liability to more than one individual. Such policy shall be written in a form and by a company satisfactory and acceptable to the Lessor and shall protect the Lessor and Lessee against damage resulting from any and all I types of accidents occurring on or about the demised premises . The originals of all of such policies shall be delivered to the Lessor I along with paid invoices, or receipts, showing proof of payment of all premiums due. (e) To permit the Lessor or its agents at all reasonable times to enter upon the demised premises for the purpose of exami- ning and inspecting the same and for the purpose of examining any and all books, records and financial statements of the Lessor per- taining to the gross receipts derived from the operation of the fun .�. slide on the demised premises. Said books, records and financial I statements may be maintained at the principal place of business of the Lessee (even though such principal place of business is at a location different than the location of the demised premises) until such time as the Lessor notifies the Lessee that said books, records I � and financial statements shall be maintained at the demised pre- . � I mises . Upon receipt of such notification, the Lessee agrees to I maintain all books, records and financial statements at the demised i premises. R i j -6- i { (f) That the failure of the Lessor to insist upon or re- quire strict performance of each and every provision contained here- in, or the waiver of any right or benefit provided for herein, shall not preclude the Lessor from thereafter requiring absolute and strict IIi performance by the Lessee of every provision contained herein. (g) To pay all costs of installing, maintaining, repairing and cleaning the fun slide and any other structures which may be erected during the term of this lease agreement and to pay all costs for disassembling and removing such items from the demised premises whenever this lease agreement is terminated. Further, upon termina- tion, the Lessee shall pay all costs and expenses required to return the demised premises to the same condition as was existing at the 14 beginning of the lease term. The Lessee shall be responsible for maintaining the demised premises, and the area immediately adjacent thereto, in a clean and sanitary condition and free of all trash, garbage and debris. (h) To pay all real property taxes, tangible personal pro- perty taxes and intangible personal property taxes assessed against I the demised premises, the equipment and structures thereon and upon this lease agreement. Further, the Lessee covenants that any and I all additional taxes of any kind whatsoever that may be assessed or y created as the result of the execution of this lease agreement shall I be paid by the Lessee even though same may be assessed or charged i against the Lessor. ' i 4 (i) To operate the said fun slide between the hours of I+ 8:00 a.m. and 12 : 00 o'clock, midnight, of each day but at no other !; E hours. (j) To install proper and adequate lighting on the demised 1 1 -7- ,l c l t i premises, itilizing 1,000 watt quartz lights, and to keep at least � 4 one of such lights turned on throughout each night. (k) To permit no child under the age of six years to ride ' 4 the fun slide without being accompanied by an adult person. (1) To charge no more than 156 for each ride purchased individually, to charge no more than 25of for each two rides pur- chased together and to charge no more than 50¢ for each six rides f� { purchased together. (m) To install a chain link fence around the demised pre- mises which fence shall be no less than 6 feet in height. In ad- dition, a double strand barbed wire topping shall be constructed I above the chain link fence. • I I (n) To number in sequence, but separately, all tickets of i each price category that are sold. (o) To install only the following described structures on the demised premises, to wit: 1 giant slide; 1 ticket booth, 6 feet long, 8 feet wide and 8 feet high; 1 bag box, 8 feet long, 3 feet wide, and 3 feet high 1 music and public address system � f (p) To install not more than two signs of dimensions to be " I approved by the Lessor. One of said signs shall state the rules for using the slide and the admission charge and the remaining sign j may contain any advertising language desired to be used by the I Lessee concerning the operating of the fun slide. i i i (q) To vacate and remove all buildings, structures and signs ' I within ninety days of receipt of written notice from the Lessor that f the lease agreement is terminated and cancelled. It shall not be ! V a necessary for the Lessor to have or to state any reason for termi- I • II II! I , _g_ is nation and the right of the Lessor to terminate this .lease agreement at any time shall be absolute, subject only to the giving of said i written notice of not less than ninety days. { � I (r) That this lease agreement may not be assigned or trans- 1 f ferred, and the demised premises subleased, without the prior writ- II ten consent of the Lessor. Such consent may be arbitrarily withheld. (s) That all of the covenants, agreements, conditions and undert'akinIs set forth herein shall be binding upcn the successors { and assigns of the Lessee. f V. i { In the event that the Lessee is not in default at the ex- e Lessee shall have the option and piration of the within lease, th privilege of renewing the within lease for an additional term of five years beginning as of June 1, 1972 , and ending as of May 31, 1977. The lease for the renewal term shall be identical to the l within lease except that the within lease for the renewal term shall not allow any further right of renewal. In the event the Lessee f ,.. "` desires to exercise said option to renew he must notify the City Commission of the City of Dania in writing, not later than February ` 28, 1972 . `ff VI. Simultaneously with the execution of this agreement, the Lessee has deposited the sum of $1,000.00 with the Lessor as a security deposit for the faithful performance of all terms and con- t I diti.ons required to be performed by the Lessee under the terms of this lease. In the event of any breach of the within agreement by i the Lessee, the said security deposit of $1,000.00 shall be retained by the Lessor as agreed upon and liquidated damages as the result -9- X f t� ! I of the breach by the Lessee. VII. C /This lease agreement has been authorized by ordinance no. J�d' adopted by the City Commission of the City of Dania, a j i t Florida municipal corporation, on the third and final reading on March 17, 1969. i -IN WITNESS WHEREOF, the parties have executed this lease agreement on the day and year first above written. CITY OF DANIA, a Florida municipal corporation I � i BLL =- y—� Robert E. Ho ston -, Mayor-Commissioner By i E. R. Clay Acting City Manag r Attest: � � E ' R. Clay City C1e -A (corporate seal) i (Seal) Artbl,Z L. Collins, doing business as Alco Industries i 1 { f -10-