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HomeMy WebLinkAboutO-1962-440 C A; l f: R ORDINANCE NO. 440 I AN ORDINANCE AUTHORIZING THE PROPER ! OFFICERS OF CITY OF DANIA, FLORIDA, TO ENTER INTO A LEASE FOR A TERM OF TEN YEARS WITH WILLIAM G. RHODES CONCERNING TIIE LEASING OF THE RESTAURANT AT DANIA FISHING PIER, DANIA, FLORIDA; AND PROVIDING TILAT ALL ORDINANCES OR PARTS OF ORDINANCES I IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE AS OF ITS PASSAGE AND ADOPTION, ON THIRD READING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION { OF THE CITY OF DANIA, FLORIDA. 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 same are hereby authorized and directed to enter into a lease agreement with i William G. Rhodes for a term of ten (10) years concerning the leasing of the restaurant at Dania Fishing Pier, Dania, Broward County, Florida. Attached hereto as Exhibit "A" and made a part hereof is a form of lease agreement which said officers are authorized to execute. i Section 2. That said lease agreement, a copy of which is attached i i r as Exhibit "A" be and the same is hereby approved. ,,. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. This ordinance shall be in force and take effect immediately upon its passage and adoption. I PASSED AND ADOPTED on First Reading this 8th day of January, 1962. '1 PASSED AND ADOPTED on Second Reading this 15th day of January, 1962. PASSED AND ADOPTED on Third Reading this 15th day of Januar^/ 1962. a / y J // I j Uayor - Commissioner i Clerk - Auditor I i i L_ ., 014 LEASE AGREEMENT THIS LEASE AGREEMENT, entered into on the 29th day of i f January 1962, by and between CITY OF DANIA, a municipal corporation under the laws of the State of Florida, hereinafter called Lessor, and WILLIAM G. RHODES, a married man, of Broward I I ' County, Florida, hereinafter called Lessee, which term shall likewise include their successors, heirs, administrators and assigns wherever and whenever the contents and context hereof so requires or admits. WITNESSETH: WHEREAS, the Lessor has completed the construction of a fishing pier at Dania Beach, Dania, Broward County, Florida, at or about i I the date of the execution of this lease; and WHEREAS, the Lessor has reserved a certain area on said I pier for use in connection with the operation of a restaurant, which said restaurant area the Lessor desires to lease; and WHEREAS, the Lessee has indicated a willingness to lease I said restaurant area under the terms and conditions hereinafter stated. i NOW, THEREFORE, IT IS MUTUALLY AGREED BY THE PARTIES { HERETO IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER iI MADE, AS FOLLOWS: j 1 I. That subject to all and singular the covenants, agreements, conditions, stipulations and limitations herein contained on the part of the j i Lessee to be observed, done and performed, and in consideration of the I 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, j the Lessor in and by these presents does hereby rent, demise and lease unto the Lessee the following described area, to-wit: -1- j i i I 1 I i M y f That certain area located on the fishing pier !` at Dania Beach, Dania, Broward County Florida, designated as restaurant 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 rights thereunto belonging, for and during the term beginning on the i 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, lunless the said term shall be sooner terminated as herein provided, and only during the time of said term during which the Lessee shall pay the rent herein reserved, and during which time said Lessee shall keep and perform each and every the agreements, covenants, conditions and provisions hereof. i H. 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: �+ 1. In consideration of the use and occupancy of the premises here- inabove described and of the said demise and lease, the Lessee hereby covenants and agrees to pay the Lessor as rent for the aforesaid premises, an amount based on the percentage of gross receipts received by the Lessee i from sales and services of said restaurant and with the percentage amount being ten per cent (10%) of the annual sales of the restaurant up to $30, 000. 00 per year of sales, and fifteen per cent (15%) of any sales in any year which exceed $30, 000. 00. Further, for the purpose of computing rent, the Lessee guarantees that he will have sales of at least $12, 000. 00 per year; that is to say, the Lessee guarantees payment of a minimum rental of $1,200. 00. An accounting shall be conducted between the .parties as soon after December 31st i of each year as possible and not later than fifteen (15) days after December 31st of each year for the ,purpose of determining gross sales of the restaurant business for any year ending on December 31st during the term of this lease and said returns shall be then applied to determine rive -- t uuc ii,vin the Lessee t -- { to the Lessor. Duringthe term of this lease beginning February 1 1 62 1 � g Y 9 + and on the first day of each and every month thereafter, the Lessee shall make a deposit of $100, 00 per month on the rentals accruing to the Lessor and said deposits, representing payments of the minimum guaranteed rentals due the Lessor, shall be credited against the gross rentals due from the Lessee at the end of the year. However, in all events, the Lessee guarantees payment of a rent of at least $1, 200. 00 to the Lessor during any given year. The parties further acknowledge and agree that the Lessee will have rented the demised premises for only eleven-twelfths (11/12) of a year as of December 31, 1962, and that proper provisions or adjustments shall be made by virtue of i the fact that the rental term through De cember 31, 1962, shall include only i eleven (11) months. The Lessee shall furnish monthly statements to the Lessor showing gross sales for each preceding month during the term of this lease, although the percentage amounts due from the Lessee shall be paid \" yearly as aforesaid. The Lessor reserves the right to demand that the I Lessee report all sales on a cash register, in the conduct of his business with the type of cash register being in a style to be approved by the Lessor. I Further, the Lessor reserves the right to cause an audit to be made of all i books and records of the Lessee throughout the term of this lease, and the Lessee agrees to furnish whatever accounting information is required upon demand being made for same by the Lessor. With respect to determining I gross sales in connection with rent computations, the Lessee agrees to report all commissions earned on the cigarette machines and other types of vending The Lessee shall have a grace period of machines as a part of gross sales. J4)�a s in makin any payments due on ayyof any mon�h. 2. The installments of rent hereunder shall be paid by the Lessee 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 operating a restaurant and that said restaurant business shall not sell fishing bait, fishing tackle, sporting goods, novelties, souvenirs and any 1 related types of merchandise that may be in conflict with the merchandise sold I i r -3- 1 f sold by the adjacent tackle and bait shop located on the aforesaid pier and rented by the Lessor to a separate lessee. { 4. The Lessee hereby further covenants and agrees with the �1 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 restaurant on the demised premises by keeping same open to the public for at least sixteen (16) hours per day and for each and every day during the term of this lease unless, in advance of closing, permission is obtained from the City Manager, City of Dania, to close the leased premises because of the existence of unusual 1 conditions. j 6. The Lessee further covenants and agrees to protect and save harmless the Lessor at all times against the possibility of liability for any jloss, injury or damage resulting to any property, person or persons as a result jI of any failure of the Lessee to keep the demised premises in a safe condition, I and should any party or parties claiming damages as a result of any such i failure on the part of the Lessee institute any action at law or otherwise 1 o against the Lessor, then in that event it shall be obligatory upon the Lessee I forthwith to defend said action at his own e y i expense and to indemnify and save � harmless the Lessor from loss, expense, cost or damage for or on account i of such action. i 7. The Lessee shall carry Public and Employees Liability i Insurance, also known as Owners, Landlords and Tenants Liability Insurance, I during the full term of this lease, and the same to be carried in a sum of not i 1 less than Twenty-five Thousand ($25, 000. 00) Dollars as to liability to one individual, and a minimum of Fifty Thousand ($50, 000. 00) Dollars as to i -4- i i �I r l I I I 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 said real estate, or the building or improvements thereon. 8. The Lessee further covenants and agrees with the Lessor that the Lessor, or its agent may at all reasonable times enter upon the demised 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 or require performance or othe rwise, to violate any provision in this lease contained, or if it shall waive any right herein provided for, or shall relinquish i any benefit herein reserved, such license, permit, waiver or relinquishment j shall be strictly limited in effect, without establishing a precedent, and without precluding the Lessor from thereafter requiring a strict performance jby the Lessee. 10. The Lessee further covenants with the Lessor that original i receipts, or duplicate receipts executed as originals, showing payment of all I insurance premiums, taxes, assessments and impositions payable by the Lessee I shall, upon demand, be delivered to the Lessor herein for inspection and verification within thirty (30) days after demand therefor has been made by i the Lessor. 11. Lessee agrees that in the employment of persons to work in the business operated on said premises, he will give to local residents i 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, III. The Lessee shall make payments herein required to be made I both as to rental money and otherwise, and he shall also perform, abide -5- i I I t 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: 1, The Lessee shall have the right to the use, possession and occupancy of the demised premises for the period aforesaid, subject only I j to the rights of the Lessor as herein reserved, and also to the terms and conditions in this lease set forth, 2, The Lessor agrees that wherever and whenever the approval I 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, 3, Lessor hereby gives to Lessee its consent to the sale by Lessee of beer and wine on the demised premises, and said permission shall continue only for so long as it is lawful for beer and wine to be sold ,..� i in the said City of Dania, under the conditions of those existing on the demised premises, Nothing in this paragraph shall be construed to relieve I I the Lessee from making proper application and meeting all requirements as to the sale of beer and wine, imposed by Federal, State and Municipal Governments, having jurisdiction over the demised ,premises, IV. The Lessor and the Lessee mutually covenant and agree with j Ii each other as follows: I 1, It is mutually understood and agreed that if the fishing pier or any part thereof, upon which the demised premises is located, be either greatly damaged or destroyed by fire, hurricane or other casualty, i so that the demised premises can not be used by the Lessee for the purposes i 3 herein contemplated, then during the period of such damage the rents provided herein to be paid shall abate during said period. However, in the 1 event of destruction of said pier through fire, hurricane or other casualty, I the Lessor shall be under no duty to the Lessee to rebuild said pier, it i I �MaC , being the intention herein only to provide that the rents due from the Lessee shall abate during the time said pier is destroyed. If said pier is sub- stantially 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 Lessee shall have the option and privilege of cancelling this lease by 1 giving written notice to the Lessor within thirty (30) days after the expiration of said period of nine (9) months. 2. It is mutuaIy agreed that this lease may not be assigned, 1 transferred, and that the demised premises may not be subleased without the written consent of the Lessor, and such consent may be 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 otherwise, the said Lessee will at once surrender and deliver up to the Lessor the above described premises, together with the buildings and improvements thereon and said buildings and improvements then situated upon said demised � f premises shall belong to the said Lessor and that no compensation shall be ` allowed or paid therefor. 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 the successors and assigns of the respective parties hereto, the same as if they were in each j case named and expressed, and that the same shall be construed as covenants 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 lawfully terminated by reason of any breach of condition, default, act or _7_ I i omission of the Lessee, and the Lessor shall become entitled to the pro ssession 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 in the Lessor's hands, received by the Lessor from the Lessee as payment of rent in advance or otherwise, and the Lessor shall be entitled to have and to retain said sum or sums of money first as rent and second as a 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 i the due date, the Lessor may, at its option and election, cancel and terminate 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 i i any one or more of the covenants, conditions, agreements, or stipulations j in this lease contained on his part to be performed, the Lessor may, at its option and election, give the Lessee notice in writing of the existence of j such default on the part of the Lessee, whereafter the Lessee shall have a i i I reasonable length of time, in no case less than thirty (30) days in which i ! time to remedy said default; and if said default be not remedied by the i 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 this lease. In the event of the election of the Lessor to terminate and i cancel this lease for condition broken as aforesaid, or for the failure of the s Lessee to comply with and abide by any of the covenants, conditions, agree- ments, and stipulations herein in this paragraph referred to, then and in any such event the Lessor may at any time thereafter, in accordance with and by virtue of this express stipulation, re-enter said premises and have possession thereof in any manner as presented by the Statutes of the State of Florida, relatinq to removal of tenants or otherwise. I i c i i i 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 forteiture, by re-entry, or by eviction of the Lessee, then all insurance policies, and r all insurance money, if any, held by the Lessor, and all the estate right j and interest of the Lessee in and under this lease, and in the land described, and all improvements, buildings and fixtures then situated on said demised 1 premises, together with all rents, issues and profits of said land and improve- r i ments, whether then accrued or to accrue, shall without any additional i j compensation made therefor to the Lessee, at once pass to and become the i property of the Lessor to compensate it in part, for its loss and damage re- sulting from the Lessee's breach. i 8. The Lessee further covenants and agrees that any notice or I notices which may be required to be given by the Lessor to the Lessee in I accordance with the terms and conditions of this lease shall be in writing and J' shall be considered as given for all intents and purposes by enclosing such I i 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 ' I from time to time the Lessee may designate in writing. j i ! The Lessor covenants and agrees that any notice or notices which I 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. 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 I or against the Lessee, with reference to the leasehold estate created hereby, I r- - I i a then the Lessee shall and will save the Lessor harmless for the costs, expenses, final judgments, and reasonable attorney's fees, incurred or imposed upon the 1 Lessor in connection with such litigation, provided however, that the Lessee at his own cost and expense shall 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, anything herein contained to the contrary 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 maturity date of the next rental installment from the Lessee to the Lessor, and shall bear interest at the rate l i of eight per cent (876) per annum from date of payment thereof by the Lessor until `a repayment thereof to the Lessor. 10. The Lessee further covenants and agrees with the Lessor to I -„_ pay all Court costs and reasonable attorney's fees which may be paid or incurred by the Lessor in enforcing the covenants, conditions, agreements � I j and obligations in this lease set forth in the event of a default by the Lessee, and i all such costs and reasonable attorneys' fees, if paid or incurred by the Lessor, 1 I shall be as so much rent due at the maturity of the next rental installment from 1 the Lessee to the Lessor, and shall bear interest at the rate of eight per cent (8%) per annum from date of payment thereof by the Lessor until repayment I j thereof to the Lessor. 11. It is understood and agreed that this lease shall not be effective 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, i Florida, by a majority vote of the members of the said City Commission. d IN WITNESS WHEREOF, Lessor has caused this instrument to be executed in its name by its Mayor, its City Manager, and its official seal to be hereto affixed, attested by the City Clerk, pursuant to authority of Ordinance No. - O of the City of Dania and Lessee has hereunto set his hand and seal this day and year first above written. in I I J I i CITY OF DANIA, a municipal corporation under the laws ot,Stat -o Florida (CORPORATE SEAL) BY ayor By I • City Manager ATTEST: LESSOR City Clerk Signed, sealed and delivered in the 1 presence of: i J (SEAL) + lr_ WILLIAM G. RHODES LESSEE I STATE OF FLORIDA i COUNTY OF BROWARD I I i 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 of the CITY OF DANIIA, a municipal corporation of Florida, to me well known to be the individuals and officers of said municipal corporation described in and who executed the foregoing lease, and duly acknowledged j before me that said municipal corporation executed the same for the purposes i therein expressed as the act and deed of said municipal corporation. ' 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 < ;_ t., 1962. I My Commission Expires:tate Notary Public My Commission�Expvee June 30,1a963 Bonded by American SuretyCh.ofkt,Y. STATE OF FLORIDA i 1 j COUNTY OF BROWARD II HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, WILLIAM G. RHODES, 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, County of Broward and State of Florida, this day of 1962. I Notary Public My Commission Expires: -11- Notary Public, State of Florida at Large My Commission Expires June 30, 1963 Hooded by Amercan surety co.of N.y. i