HomeMy WebLinkAboutO-1965-489 i
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ORDINANCE NO, 489
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A LEASE AGREEMENT DATED SEPTEMBER
20, 1965? BY AND BETWEEN CITY OF DANIA,
FLORIDA, AS LESSOR, AND PHIL HELLER, AS
LESSEE, CONCERNING THE FISHING PIER
LOCATED AT DANIA BEACH, DANIA, BROWARD
COUNTY, FLORIDA,- AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING
THAT THIS ORDINANCE SHALL BECOME EFFEC-
TIVE AS OF ITS PASSAGE AND ADOPTION, ON
THIRD READING,
BE IT ORDAINED BY THE CITY COMNUSSION OF THE CITY OF
DANIA, FLORIDA,
Section 1, That the proposed lease agreement submitted, as a bid,
to the City Commission on September 20, 1965) by Phil Heller, as Lessee,
concerning the fislung pier located at Dania Beach, Dania, Broward County,
Florida, be and the same is hereby accepted and approved.
Section 2. That the Mayor-Commissioner, City Manager and City
Clerk-Auditor be and they are hereby authorised and directed to execute the
form of lease agreement dated September. 20, 1965, on behalf of City of
,.._ Dania, as Lessor, with said Phil Heller, as Lessee concerning said
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fishing pier.
Section 3. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed to the extent of such conflict.
Section 1. That this ordinance shall become effective as of its
passage and adoption on third reading.
PASSED and ADOPTED on First Reading this ;'th day of October, 1965.
PASSED and ADOPTED on Second Reading this 18th day of October, 1965.
PASSED and ADOPTED on Third Reading this 1st day of November, 1965.
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Attest:
i Mayor-Commissioner
1 pity Clerk-Auditor
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hLEASE AGREEMENT
THIS LEASE AGREEMENT, entered into on the 20th day of
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September, 1965, by and between CITY OF DANIA, FLORIDA, a j
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I municipal corporation under the laws of the State of Florida, herein-
after called Lessor, and PHIL HELLER, of Broward County, Florida,
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jhereinafter called Lessee, which term shall likewise include their
successors, heirs, administrators and assigns wherever and whenever
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the contents and context hereof requires or admits.
WITNESSETH :
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WHEREAS, the Lessor owns a fishing pier located at Dania
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Beach, Dania, Broward County, Florida.
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WHEREAS, the Lessor has reserved a certain area on said
pier for use in connection with the operation of a tackle shop, which said
tackle shop area the Lessor desires to lease; and
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WHEREAS, the Lessee has indicated a willingness to lease
said tackle shop area under the terms and conditions hereinafter stated.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY THE
! PARTIES HERETO IN CONSIDERATION OF THE MUTUAL COVENANTS
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HEREINAFTER MADE, AS FOLLOWS:
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That subject to all and singular the covenants, agreements,
conditions, stipulations and limitations herein contained on the part of
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the Lessee to be observed, done and performed, and in consideration of
j the rents herein required to be paid by the Lessee to the Lessor, and
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subject to the right of cancellation and re-entry or either, as hereinafter
stipulated, the Lessor in and by these presents does hereby rent, demise
and lease unto the Lessee the following described area, to wit,
1 That certain area located on the fishing pier
at Dania Beach, Dania, Broward County,
Florida, designated as tackle shop area on
various plans on file in the City Hall, City
of Dania, Florida.
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TO HAVE AND TO HOLD the same together with all of the
rights thereunto belonging, for and during the term beginning on the
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1st day of November, 1965, and ending 5 years later, on the last day of
October, 1970, or so long as the Lessee shall pay the rent stipulated
i herein and shall comply with and abide by the terms, covenants and
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jconditions herein contained, unless the time of said term during which
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the Lessee shall pay the rent herein reserved, and during which time
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Ij said Lessee shall keep and perform each and every of the agreements,
I! covenants and provisions hereof.
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In consideration of the demise and lease herein made, and of
the benefits accruing and to accrue hereunder, the Lessee hereby
covenants, agrees and stipulates with the Lessor as follows:
j (1) In consideration of the use and occupancy of the premises
hereinabove described and of the said demise and lease, the Lessee
hereby covenants and agrees to pay to the Lessor, as rent, the sum of
Fifteen Thousand One Hundred Twenty and No/100 Dollars, ($15, 120. 00),
per year, with said sum payable in monthly installments of One Thousand
Two Hundred Sixty and No/100 Dollars, ($1, 260. 00), with the first payment
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due on or before the 1st day of November, 1965.
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(2) The installments of rent hereunder shall be paid by the
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Lessee to the Lessor at the City Hall, City of Dania, Broward County,
Florida.
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(3) The Lessee hereby further covenants and agrees with the
Lessor that the demised premises shall be used only for the purpose of
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operating a tackle shop and that the Lessee shall sell only fishing tackle,
fishing equipment, fishing bait, sporting goods, novelties and souvenirs.
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No food products of any type whatsoever, no cigarettes or tobacco products
and no soft drinks shall be sold by the Lessee.
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(4) The Lessee shall be entitled to use the scales, cash register,
and salt water pump which belong to the Lessor, however, said Lessee
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`5 hereby further covenants to maintain, repair, and keep the aforesaid items
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in good working order during the term of this lease.
(5) The Lessee hereby further covenants and agrees with the
Lessor to keep the demised premises in a clean, wholesome and tenantable
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condition, and that general health and police regulations shall be in all
respects fully complied with by said Lessee, at the Lessee's own expense.
(6) The Lessee agrees to purchase the wholesale cash value
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the stock of fishing tackle, fishing equipment, fishing bait, sporting goods,
novelties and souvenirs, and various and sundry items, presently on hand
in the tackle shop,
(7) The Lessee agrees to operate the aforesaid tackle shop on
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the demised premises by keeping same open to the public no less than
1 sixteen (16) consecutive hours of each and every day during the term of
this lease. Further, the Lessee agrees and covenants that the admission
j charges heretofore set by ordinance duly passed by the City Commission,
City of Dania, Florida, shall not be raised or lowered by any amount exceed- f
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ing ten per cent (10%) of the present charge.
(8) The Lessee further covenants and agrees to protect and
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save harmless the Lessor at all times against the possibility of liability
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for any loss, injury or damage resulting to any property, person or
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persons as a result of any failure of the Lessee to keep the building
where the tackle shop is located, which is the subject of this lease, in
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safe condition, and should any part of the Lessee institute any action at
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law or otherwise against the Lessor, then in that event it shall be obli-
gatory upon the Lessee forthwith to defend said action at his own expense
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and indemnify and save harmless the Lessor from loss, expense, cost
or damage for or on account of such action.
(9) The Lessee shall carry Public and Employees Liability
Insurance, also known as Owners Landlords and Tenants Liability
Insurance, during the full term of this lease, the same to be carried in
a sum of not less than 1 Twenty-five Thousand and N0/100 Dollars,
($25, 000. 00), as to liability to one individual, and a minimum of Fifty
Thousand and N6/100 Dollars, ($50, 000. 00), as to liability to more
than one individual, said policy or policies to be written in the usual
form to protect the Lessor and the Lessee against damage by accident
of any kind or character occuring on or about the building where the
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tackle shop, which is the subject of this lease, is located.
(10) The Lessee further covenants and agrees with the Lessor
that the Lessor, or its agent, may at all reasonable times enter upon
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the demised premises for the purpose of examining and inspecting the
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same.
(11) The Lessee further covenants and agrees with the Lessor
that if the Lessor shall license or permit the Lessee, by its failure to
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insist upon or require performance or otherwise, to violate any pro-
vision in this lease contained, or if it shall waive any right herein pro-
vided for, or shall relinquish any benefit herein reserved, such license,
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permit, waiver or relinquishment shall be strictly limited in effect,
without establishing a precedent, and without precluding the Lessor from
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thereafter requiring a strict performance by the Lessee.
(12) The Lessee further covenants with the Lessor that original
receipts, or duplicate receipts executed as originals, showing payment
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j of all insurance premiums, sales taxes, any federal taxes levied against
any assets managed or operated by Lessee, real property tax and any
tangible personal property taxes levied against equipment of the Lessee,
assessments and impositions payable by the Lessee shall, upon demand,
be delivered to the Lessor herein for inspection and verification within
thirty (30) days after demand therefor has been made by the Lessor. �-
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(13) Lessee further agrees to pay all utility charges, including,
but not limited to water and electric charges.
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I The Lessee shall make payments herein required to be made
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both as to rental money and otherwise, and he shall also perform, abide
by and comply with each and every the certain covenants, conditions, agree-
ments, stipulations and limitations herein contained, then and in that event
the Lessor covenants and agrees as follows:
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(1) The Lessee shall have the right to use, possession and
occupancy of the demised premises for the period aforesaid, subject only
( to the rights of the Lessor as herein reserved, and also to the terms and
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conditions in this lease set forth.
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(2) The Lessor agrees that wherever and whenever the approval
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of the Lessor hereunder is required to be given for any purpose whatsoever,
in accordance with the terms of this lease, such approval shall not be un-
reasonably withheld by the said Lessor.
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1 The Lessor and the Lessee mutually covenant and agree with each
other as follows:
! (1) It is mutually understood and agreed that if the fishing
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pier or any part thereof, upon which the demised premises is located,
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be either greatly damaged or destroyed by fire, hurricane or other
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casualty, so that the demised premises cannot be used by the Lessee for
the purposes herein contemplated, then during the period of such damage
the rents provided herein to be paid shall abate during said period. How-
ever, in the event of destruction of said pier through fire, hurricane or
other casualty, the Lessor shall be under no duty to the Lessee to rebuild
said pier, it being the intention herein only to provide that the rents due
from the Lessee shall abate during the time said pier is destroyed. If
, J said pier is substantially destroyed for any reason and if the Lessor does
not elect to rebuild or repair same within nine (9) months from the date of
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destruction, the Lessee shall have the option and privilege of cancelling
j this lease by giving written notice to the Lessor within thirty (30) days
after the expiration of said period of nine (9) months.
(2) It is mutually agreed that this lease may not be assigned,
transferred, and that the demised premises may not be subleased without
the written consent of the Lessor, and such consent shall not be arbitrarily
or unreasonably withheld.
(3) The said Lessee covenants and agrees with the Lessor
that upon the termination of this lease, whether by lapse of time or other- j
wise, the said Lessee will at once surrender and deliver up to the Lessor
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the above described premises, together with the buildings and improve-
I ments thereon and said buildings and improvements then situated upon
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said demised premises shall belong to the said Lessor and that no com-
pensation shall be allowed or paid therefor.
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{ (4) It is further covenanted and agreed by and between the
J+ parties hereto that all covenants, agreements, conditions and under-
takings in this lease contained shall extend to and be binding upon the
I successors and assigns of the respective parties hereto, the same as if
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they were in each case named and expressed, and that the same shall be
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construed as covenants running with the land, and wherever in this lease
reference is made to either of the parties hereto, it shall be held to in-
clude the successors and assigns of such party, the same as if in each
and every case so expressed.
(5) It is mutually agreed that if the demised term shall be law-
fully terminated by reason of any breach of condition, default, act or
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omission of the Lessee, and the Lessor shall become entitled to the
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ipossession of the premises, as by re-entry or otherwise, the Lessor
shall not be bound or obligated to refund or return to the Lessee any sum
or sums of money first as rent and second as compensation in part for its
loss or losses resulting from any such breach on the part of the lessee.
(6) The Lessee further covenants and agrees with the Lessor
that in the event the Lessee shall fail to pay the rent hereinbefore provided
and that if such failure shall continue for a period of thirty (30) days after
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the due date, the Lessor may, at its option and election, cancel and ter-
minate this lease. The Lessee further covenants and agrees with the
Lessor that in the event the Lessee shall fail to comply with and abide by
any one or more of the covenants, conditions, agreements, or stipulations
in this lease, contained on his part to be performed, the Lessor may, at
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its option and election, give the Lessee notice in writing of the existence
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of such default on the part of the Lessee, whereafter the Lessee shall
have a reasonable length of time, in no case less than thirty (30) days in
which time to remedy said default; and if said default be not remedied by
the Lessee in a reasonable length of time, in no case less than thirty (30)
days, the Lessor may, at its option and discretion, cancel and terminate
lthis lease. In the event of the election of the Lessor to terminate and
cancel this lease for condition broken as aforesaid, or for the failure of
j the Lessee to comply with and abide by any of the covenants, conditions,
agreements and stipulations herein in this paragraph referred to, then
and in that event the Lessor may at any time thereafter, in accordance
with and by virtue of this express stipulation, re-enter said premises
and have and possess the same as of its former estate or may recover
possession thereof in any manner as presented by the Statutes of the
State of Florida, relating to removal of tenants or otherwise.
(7) It is mutually covenanted and agreed by and between the
parties hereto that in the event the term of this lease be ended by for-
feiture, by re-entry, or by eviction of the Lessee, then all insurance
policies, and all insurance money, if any, held by eviction of the Lessee,
then all the estate right and interest of the Lessee in and under this
ilease, and in the land described, and all improvements, buildings
and fixtures then situated on said land and improvements, whether then
accrued or to accrue, shall without any additional compensation made
therefor to the Lessee, at once pass to and become the .property of the
Lessor to compensate it in part, for its loss and damage resulting from
the Lessee's breach.
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(8) The Lessee further covenants and agrees that any notice
or notices which may be required to be given by the Lessor to the
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Lessee in accordance with the terms and conditions of this lease shall
he in writing and sha11 be considered as given for all intents and purposes
by enclosing such notice in a letter directed to the Lessee by registered
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Imail addressed to the Lessee at the address designated herein, or at
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such other address as from time to time the Lessee may designate in
writing.
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The Lessor convenants and agrees that any notice or notices
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which may be required to be given by the Lessee to the Lessor under the
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terms and conditions of this lease shall be in writing and shall be con-
sidered as given for all intents and purposes, by enclosing such notice
in a letter directed to the Lessor and forwarded by registered mail
addressed to the Lessor at the address designated herein.
(9) The Lessee further covenants and agrees that in case the
Lessor without fault on its part be made a party to any litigation, either
by or against the Lessee, with reference to the leasehold estate created
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hereby, then the Lessee shall and will save the Lessor harmless for the
costs, expenses, final judgments, and reasonable attorney's fees, in-
curred or imposed upon the Lessor in connection with such litigation,
#j provided, however, that the Lessee at his own cost and expense shall
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have the right at all times to defend any such litigation in the name of
the Lessor, and the Lessor shall fully cooperate with the Lessee, any-
thing herein contained to the contrary notwithstanding, and all such costs
j and reasonable attorney's fees, if paid or incurred by the Lessor, shall
jbe as so much additional rent due at the maturity date of the next rental
installment from the Lessee to the Lessor, and shall bear interest at
the rate of eight per cent (876) per annum from date of payment thereof
by the Lessor until repayment thereof to the Lessor.
(10) As a part of the consideration of this lease, the Lessee
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shall maintain and clean the entire fishing pier under such terms and
conditions as the City Manager of City of Dania, Florida, may from time
to time dictate. Specifically, the Lessee shall have the responsibility
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of keeping the entire pier in a clean condition and shall also have the
responsibility of maintaining, cleaning and being responsible for all
j{ restrooms located on the pier. Further, the Lessee shall make any
± -_minor or incidental repairs required in the restroom facilities. With
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j respect to such maintenance, the Lessor shall furnish supplies and
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equipment. Any persons employed by the Lessee for the purpose of
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I collecting pier admission fees for the Lessor shall be discharged by the
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Lessee if such persons are not acceptable to the Lessor.
(11) The Lessee further covenants and agrees with the
Lessor to pay all court costs and reasonable attorney's fees which
may be paid or incurred by the Lessor in enforcing the covenants,
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conditions, agreements and obligations in this lease set forth in the
event of a default by the Lessee, and all costs and reasonable attorney's
` fees, if paid or incurred by the Lessor, shall be as so much rent due at
the maturity of the next rental installment from the Lessee to the Lessor,
and shall bear interest at the rate of eight per cent (895) per annum from
the date of payment thereof by the Lessor until repayment thereof to
the Lessor.
(12) It is understood and agreed that this lease shall not be
effective in any way unless the execution hereof by the Lessor shall be
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authorized by ordinance passed and adopted by the City Commission of
the City of Dania, Florida, by a majority vote of the members of the
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j said City Commission.
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As security for the faithful performance of all obligations
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required of the Lessee under this lease, the Lessee shall deposit with
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the Lessor a security deposit in the amount of Two Thousand and No/100
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Dollars ($2, 000. 00), which shall be held by the Lessor during the
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i entire term of this lease. A deposit of One Thousand and No/100
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Dollars, ($1, 000. 00), in the form of a cashier's check shall be sub-
mitted with the original bid and shall be applied to the Two Thousand
and No/100 Dollars, ($2, 000. 00), security deposit required by the
Lessor; the balance of said security deposit in the amount of One
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Thousand and No/100 Dollars, ($1, 000. 00), in the form of a cashier's
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check shall be due and payable within ten (10) days after acceptance of the
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bid by the City of Dania, Florida. In the event of a default by the Lessee
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in the performance of any of the covenants required to be performed by
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the Lessee, said security deposit shall be forfeited by the Lessee to
the Lessor as agreed upon and liquidated damages. No part of said
security deposit shall be credited against the last rents due under this
lease, it being the intention of the parties that said security deposit be
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refunded by the Lessor to the Lessee in full at the termination of this
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lease if there has been no default by the Lessee in the performance of the
Lessee's obligations under this lease by the termination date of same.
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IN WITNESS WHEREOF, Lessor has caused this instrument
to be executed in its name by its Mayor-Commissioner, its City Manager,
and its official seal to be hereto affixed, attested by the City Clerk-
Auditor, pursuant to authority of Ordinance No. of the
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City of Dania, Florida, and Lessee has hereunto set his hand and seal
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the day and year first above written.
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CITY OF DANIA, FLORIDA, a
municipal corporation under the
laws of the State of Florida
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By �� .Ift i
I Mayor-Co==:6
afamissioner
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By
I City/Manager
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Attest:
city Clerk-Auditor
(corporate seal)
Signed, sealed and delivered in
the presence of: �� ��-
(seal)
Phil Heller - Lessee
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STATE OF FLORIDA
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COUNTY OF BROWARD
j I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to administer oaths and take
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acknowledgments, FRANK SALVINO, Mayor-Commissioner, TONY
SALVINO, City Manager and MARY THORNHILL, City Clerk-Auditor,
all of the City of Dania, Florida, to me well known to be the persons
described in and who executed the foregoing agreement and they {
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acknowledged before me that they executed the same freely and voluntarily '
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for the purposes therein expressed. I
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WITNESS my hand and official seal at Dania, Broward
County, Florida, this t�i day of 7 "G`'L�1965.
446
i Notary Public
My commission expires:
Notary Pa...... -
iMy Commission
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to administer oaths and take
acknowledgments, PHIL HE LLER, to me well known to be the person„
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described in and who executed the foregoing agreement and he acknowledged
before me that he executed the same freely and voluntarily for the purposes
1 therein expressed.
WITNESS my hand and official seal at Dania, Broward County,
Florida, this / day of 1965.
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My commission expires: iNotary Public
Notary P,'li . `-
4,iy ComrniS6f;'
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