HomeMy WebLinkAboutO-1962-441 4
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ORDINANCE NO, 441
AN ORDINANCE AUTHORIZING
THE PROPER
OFFICERS OF CITY OF DANIA, FLORIDA, TO ENTER
INTO A LEASE FOR A TERM OF TEN YEARS WITH
Frank J"ES R. HILL CONCERNING TIIE LEASING OF THE
TACKLE SHOP AT DANIA FISHING PIER, DANIA,
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BE REPEALED TO THE EXTENT OF SUCH CONFLICT;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 BE-
COME EFFECTIVE AS OF ITS PASSAGE AND ADOPTION,
ON THIRD READING.
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NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COMMISSION
i OF TIIE CITY OF DANIA, FLORIDA.
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Section 1. That the officers of City of Dania, Florida, authorized
by the Charter of City of Dania, Florida, to enter into leases, be and the
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same are hereby authorized and directed to enter into a lease agreement with
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j Frank MUDMR. Hill for a term of ten (10) years concerning the leasing of the
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tackle shop at Dania Fishing Pier, Dania, Broward County, Florida. Attached
hereto as Exhibit "A" and made a part hereof is a form of lease agreement
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which said officers are authorized to execute.
Section 2, That said lease agreement, a copy of which is attached
as Exhibit "A", be and the same is hereby approved.
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Section 3. All ordinances or parts of ordinances in conflict here-
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with be and the same are hereby repealed to the extent of such conflict.
Section 4. This ordinance shall be in force and take effect
j immediately upon its passage and adoption.
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PASSED AND ADOPTED on First Reading this 8th day of
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January 1962.
PASSED AND ADOPTED on Second Reading this 15th day of
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January 1962.
PASSED AND ADOPTED on Third Reading this 15t1' day of
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ayo - Commissioner
'City Clerk - Auditor
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LEASE AGREEMENT
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THIS LEASE AGREEMENT, entered into on the 22nd day
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of January , 1962, by and between CITY OF DANIA,
a municipal corporation under the laws of the State of Florida, hereinafter
called Lessor, and FRANK R, HILL, a married man, of Broward County,
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j Florida, hereinafter called Lessee, which term shall likewise include
their successors, heirs, administrators and assigns wherever and whenever
g e ever
the contents and context hereof so requires or admits.
WITNESSE TH:
WHEREAS, the Lessor has completed the const-ruction of a
fishing pier at Dania Beach, Dania, Broward County, Florida, at or about
the date of the execution of this lease; and
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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
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tackle shop area the Lessor desires to lease; and
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WHEREAS, the Lessee has indicated a willingness to lease
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Isaid tackle shop area under the terms and conditions hereinafter stated.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY THE PARTIES
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HERETO IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER
MADE, AS FOLLOWS:
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That subject to all and singular the covenants, agreements, j
conditions, stipulations and limitations herein contained on the part of the
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Lessee to
be observed don i e and performed, and in consideration of the
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rents herein required to be paid by the Lessee to the Lessor, and subject to
the right of cancellation and re-entry or either, as hereinafter stipulated,
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the Lessor in and by these presents does hereby rent, demise and lease
unto the Lessee the following described area, to-wit:
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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.
TO HAVE AND TO HOLD the same together with all of the
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f rights thereunto belonging, for and during the term beginning on the
1st day of February, 1962, and ending on the 31st day of January, 1972, or
so long as the Lessee shall pay the rent stipulated herein and shall comply
with and abide by each of the terms, covenants and conditions herein contained,
l unless the said term shall be sooner terminated as herein provided, and only
j during the time of said term during which the Lessee shall pay the rent herein
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reserved, and during which time said Lessee shall keep and perform each !
and every the agreements, covenants, conditions 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,
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agrees and stipulates with the Lessor as follows:
1. In consideration of the use and occupancy of the premises
ihereinabove described and of the said demise and lease, the Lessee hereby
covenants and agrees to pay to the Lessor, as rent, a sum equal to ten per
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cent (1017o) of all gross sales made by the Lessee in the conduct and operation f
of a tackle shop on the demised area with said sales to include sales of each
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and every kind and type of merchandise made by the Lessee. Said rent of
ten per cent (107o) of the gross sales shall be payable monthly with the first
payment due on or before the loth day of March, 1962, on sales made during
i the month of February, 1962, and with the remaining payments to be made
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monthly thereafter.
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2. The installments of rent hereunder shall be paid by the Lessee
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to the Lessor at the City Hall, City of Dania, Broward County, Florida.
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,
{ No food products of any type whatsoever, no cigarettes or tobacco products
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and no soft drinks shall be sold by the Lessee.
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4. The Lessee hereby further covenants and agrees with the
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Lessor to keep the demised premises in a clean, wholesome and tenantable
condition, and that general health and police regulations shall in all respects
be fully complied with by said Lessee, at the Lessee's own expense.
5. The Lessee agrees to operate the aforesaid tackle shop on the
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demised premises by keeping same open to the public twenty-four (24) hours
per day and each and every day during the term of this lease. Further,
the Lessee agrees that he (or someone appointed by the Lessee) shall
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collect all admission fees due City of Dania from the public for admission
° to the aforesaid pier, and such collections shall be made by the Lessee for
and on behalf of City of Dania. Remittance of such admission fees shall be
f made to City of Dania daily or under whatever terms and conditions City of
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Dania may from time to time direct.
6. The Lessee further covenants and agrees to protect and save
,.. harmless the Lessor at all times against the possibility of liability for any
loss, injury or damage resulting to any property, person or persons as a result
of any failure of the Lessee to keep the demised premises in a safe condition,
and should any party or parties claiming damages as a result of any such
failure on the part of the Lessee institute any action at law or otherwise
against the Lessor, then in that event it shall be obligatory upon the Lessee
forthwith to defend said action at his own expense and to indemnify and save
harmless the Lessor from loss, expense, cost or damage for or on account
of such action.
j7. The Lesseeshall carry Public and Employees Liability
Insurance, also known as Owners, Landlords and Tenants Liability Insurance,
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during the full term of this lease, the same to be carried in a sum of not
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less than Twenty-five Thousand ($25, 000. 00) Dollars as to liablilty to one
individual, and a minimum of Fifty Thousand ($50, 000. 00) Dollars as to
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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
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accident of any kind or character occuring on or about said real estate, or the
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building or improvements thereon.
8. The Lessee further covenants and agrees with the Lessor that
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the Lessor, or its agent may at all reasonable times enter upon the demised
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premises for the purpose of examining and inspecting the same.
9. The Lessee further covenants and agrees with the Lessor that
if the Lessor shall license or permit the Lessee, by its failure to insist upon
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or require performance or otherwise, to violate any provision in this lease
contained, or if it shall waive any right herein provided for, or shall relinquish
any benefit herein reserved, such license, permit, waiver or relinquishment
shall be strictly limited in effect, without establishing a precedent, and
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j without precluding the Lessor from thereafter requiring a strict performance
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by the Lessee.
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10. The Lessee further covenants with the Lessor that original
receipts, or duplicate receipts executed as originals, showing payment of all
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insurance premiums, taxes, assessments and impositions payable by the
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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
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the Lessor.
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11. Lessee agrees that in the employment of persons to work
iin the business operated on said premises, he will give to local residents of
the City of Dania first refusal of the right and privilege to be so employed
thereon, but Lessee shall not be required to hire any particular person or
persons regardless of residence.
12. Lessee further agrees to pay all utility charges. I
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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
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by and comply with each and every the certain covenants, conditions, agree-
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ments, stipulations and limitations herein contained, then and in that event
the Lessor covenants and agrees as follows:
1. The Lessee shall have the right to the use, possession and
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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
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
unreasonably withheld by the said Lessor.
IV.
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;1 The Lessor and the Lessee mutually covenant and agree with
each other as follows: r
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1. It is mutually understood and agreed that if the fishing
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
casualty, so that the demised premises can not be used by the Lessee for the
purposes herein contemplated, then during the period of such damage the rents j
provided herein to be paid shall abate during said period. However, 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
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shall abate during the times aid pier is destroyed. If 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 destruction, the
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Lessee shall have the option and privilege of cancelling this lease by
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giving written notice to the Lessor within thirty (30) days after the
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expiration of said period of nine (9) months.
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2. It is mutually agreed that this lease may not be assigned,
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transferred, and that the demised premises may not be subleased without
the written consent of the Lessor, and such consent may be unreasonably
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3. The said Lessee covenants and agrees with the Lessor that
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upon the termination of this lease, whether by lapse of time or otherwise,
the said Lessee will at once surrender and deliver up to the Lessor the
above described premises, together with the buildings and improvements
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thereon and said buildings and improvements then situated upon said demised
premises shall belong to the said Lessor and that no compensation shall be
allowed or paid therefor.
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4. It is further covenanted and agreed by and between the parties
hereto that all covenants, agreements, conditions and undertakings in this
lease contained shall extend to and be binding upon on the successors and
assigns of the respective parties hereto, the same as if they were in each
case named and expressed, and that the same shall be construed as covenants
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running with the land, and wherever in this lease reference is made to
either of the parties hereto, it shall beheld to include 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
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? lawfully 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 possession
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
monry in the Lessor's hands, received by the Lessor from the Lessee as
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payment of rent in advance or otlerwise, and the Lessor shall be entitled
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to have and to retain said sum or sums of money first as rent and second I
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as compensation in part for its loss or losses resulting from any such breach
on the part of the Lessee.
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6. The Lessee further covenants and agrees withthe Lessor
that in the event the Lessee shall fail to pay the rent hereinbefore provided
j 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 terminate
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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, condition, agreements, or stipulations in this lease contained
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on his part to be performed, the Lessor may, at its option and election, give
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the Lessee notice in writing of the existence of such default on the part of
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the Lessee, whereafter the Lessee shall have a reasonable length of time, in
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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
idiscretion, cancel and terminate this lease. In the event of the election
I� of the Lessor to terminate and cancel this lease for condition broken as afore-
said, or for the failure of the Lessee to comply with and abide by any of
the covenants, conditions, agreements, and stipulations herein in this
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_. paragraph referred to, then and in any such event the Lessor may at any
itime thereafter, in accordance with any by virtue of this express stipulation,
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re-enter said premises and have and possess the same as of its former estate or j
may recover possession thereof in any manner as presented by the Statutes
of the State of Florida, relating to removal of tenants or otherwise.
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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
forfeiture, by re-entry, or by eviction of the Lessee, then all insurance
policies, and all insurance money, if any, held by the Lessor, and all
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ithe estate right and interest of the Lessee in and under this lease, and in
the land described, and all improvements, buildings and fixtures then
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situated on said demised premises, together with all rents, issues and
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Iprofits of said land and improvements, whether then accrued or to accrue,
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shall without any additional compensation made therefor to the Lessee, l
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j 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.
8. The Lessee further covenants and agrees that any notice
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or notices which may be required to be given by the Lessorto the Lessee
in accordance with the terms and conditions of this lease shall be in writing
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such notice in a letter directed to the Lessee by registered mail addressed
to the Lessee at the address designated herein, or at such other address as
from time to time the Lessee may designate in writing.
The Lessor covenants and agrees that any notice or notices which
may be required to be given by the Lessee to the Lessor under the terms
and conditions of this lease shall be in writing and shall be considered
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.
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9. The Lessee further covenants and agrees that in case the
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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 hereby,
then the Lessee shall and will save the Lessor harmless for the costs,
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expenses, final judgments, and reasonable attorney's fees, incurred or
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imposed upon the Lessor in connection with such litigation, provided however,
that the Lessee at his own cost and expense shall have the right at all times
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to defend any such litigation in the name of the Lessor, and the Lessor shall
fully cooperate with the Lessee, anything herein contained to the contrary
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notwithstanding, and all such costs and reasonable attorney's fees, if paid
or incurred by the Lessor, shall be as so much additional rent due at the
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maturity date of the next rental installment from the Lessee to the Lessor,
and shall bear interest at the rate of eight per cent (80,6) 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 shall
maintain and clean the entire fishing pier under such terms and conditions
j as the City Manager of City of Dania may from time to time dictate.
Specifically, the Lessee shall have the responsibility of keeping the entire
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pier in a clean condition and shall also have the responsibility of maintaining,
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cleaning and being responsible for all restrooms located on the pier. Further,
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j the Lessee shall make any minor or incidental repairs required in the
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restroom facilities. With respect to such maintenance, the Lessor shall
furnish supplies and equipment. Any persons employed by the Lessee for
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the purpose of collecting pier admission fees for the Lessor shall be dis-
charged by the Lessee if such persons are not acceptable to the Lessor.
11. The Lessee further covenants and agrees with the Lessor
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to pay all Court costs and reasonable attorney's fees which may be paid or
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incurred by the Lessor in enforcing the covenants, conditions, agreements
and obligations in this lease set forth in the event of a default by the Lessee,
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and all such 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 j
the rate of eight per cent (801o) per annum from date of payment thereof
by the Lessor until repayment thereof to the Lessor..
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12. It is understood and agreed that this lease shall not be
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feffective in any way unless the execution hereof by Lessor shall be
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 said
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City Commission.
IN WITNESS WHEREOF, Lessor has caused this instrument
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to be executed in its name by its Mayor, its City Manager, and its
Iofficial seal to be hereto affixed, attested by the City Clerk; pursuant to �,
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authority of Ordinance No. 4 f I of the City of Dania and Lessee has
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hereunto set his hand and seal this day and year first above written.
CITY OF DANIA, a municipal corporation
under the laws of State o F orida
(CORPORATE SEAL) By Ce I.
ayor
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By������L/1�\
ity Manager
ATTEST:
(LESSOR)
j Q ty Clerk
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ISigned, sealed and delivered
iin the presence of:
p FRANK R. HILL
LESSEE
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STATE OF FLORIDA
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COUNTY OF BROWARD
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I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to administer oaths and take
) acknowledgments, JOSEPH D. THORNTON, ROBERT E. HOUSTON and
MARY THORNHILL, Mayor, City Manager and City Clerk, respectively I
of the CITY OF DANIA, a municipal corporation of Florida, to me well
i known to be the individuals and officers of said municipal corporation f
described in and who executed the foregoing least' and duly acknowledge
before me that said municipal corporation executed the same for the
purposes therein expressed as the act and deed of said municipal
corporation.
j IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Dania, County of Broward, State of Florida,
this `day of «.,,. , 1962.
Notary Public
My Commission Expires:
Notary Public, State of Florida at Large963
I My commission r can Surety Co.of N.Y.
I Bonded by
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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, FRANK R. HILL, to me well known and known to
me to be the individual described in and who executed the foregoing lease,
and he acknowledged before me that he executed the same freely and
voluntarily for the purposes therein expressed,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal at Dania, Broward County and State of Florida, this
day of , 1962.
Notary Public
My Commission Expires:
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Notary public, State of Florida at Larga
My Commission Expires June 30. 1963
Bonded by American surety Co.of N.Y.
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