HomeMy WebLinkAboutO-1978-197 i
ORDINANCE NO. 197
j AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
APPROVING THE LEASE AGREEMENT BETWEEN THE
CITY AND ATLANTIC CONCESSION ASSOCIATES , INC. ,
i COVERING THE PROPERTY KNOWN AS DANIA BEACH
GRILL AND MORE PARTICULARLY DESCRIBED IN SAID
LEASE; AND AUTHORIZING AND DIRECTING THE
EXECUTION OF SAID LEASE BY THE APPROPRIATE CITY
OFFICIALS WITHIN FIVE DAYS FROM THE DATE OF
FINAL PASSAGE AND ADOPTION OF THIS ORDINANCE ;
AND PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE .
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That that certain Lease Agreement between the City
i
of Dania, as Lessor, and Atlantic Concession Associates , Inc . , as Lessee,
i
consisting of twenty-six typewritten pages and covering the property
I
known as "Dania Beach Grill" and more particularly described in said
lease, an unexecuted copy of which is annexed hereto and made a part
hereof as "Exhibit A" , be and the same is hereby approved.
V�
Section 2 . That the Mayor-Commissioner, City Manager and City
Clerk-Auditor are hereby authorized and directed to execute said lease
i
on behalf of the City of Dania, Florida, within five (5) days from
i the final passage and adoption of this ordinance .
- Section 3. That all ordinances or parts of ordinances and all
i
resolutions or parts of resolutions in conflict herewith be repealed
to the extent of such conflict.
j Section 4. That this ordinance shall be in force and take
i
effect immediately upon its passage and adoption .
PASSED and ADOPTED on first reading on the 24th day of October
1978 .
i
PASSED and ADOPTED on Second and Final Reading on the 14th day
of November 1978 .
{ / MAYOR - COMMISSIONER
I L
ATTEST :
� I
CITY LERK AUDITOR
APPROVED FOR FORM ADD COiIGECIIVEiVESS
City Attcmey
City of Dana, Fla.
III
I
i
ance of 666 . 95 feet, thence run northeasterly along
� the line which forms an angle of 81 degrees , 33 min-
utes and 35 seconds to the left with a prolongation
of the last described course for a distance of 101 . 1
feet to a point, thence run westerly along a line
which is parallel to the aforesaid Dania Beach Road,
for a distance of 114. 17 feet to a point, thence sou-
therly along a line which forms an angle of 90 degrees ,
O8 minutes, 30 seconds to the left with a prolongation
of the last described course for a distance of 100 feet
to a point, thence run easterly along a line parallel
to the aforesaid Dania Beach Road for a distance of 99 .08
i
I
feet, more or less , to the point of beginning.
to have and to hold the same, together with all of the rights , privileges,
ieasements and appurtenances thereunto belonging, for and during the
tens of Twenty (20) years from the date this lease becomes effective
i
j (with the date this lease becomes effective being defined herein) , 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, unless 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
..tip
said Lessee shall keep and perform each and every the agreements ,
covenants , conditions , and provisions hereof.
i
COVENANTS OF THE LESSEE:
I
i
In consideration of the demise and lease herein made , and of the
benefits accruing and to accrue hereunder, the Lessee hereby covenants ,
i
jagrees and stipulates with the Lessor as follows :
1 . The Lessee acknowledges at the time of his execution of this
lease agreement that he has been informed that certain personal property
- i
located in the building hereinafter described is owned by William G.
i
i
-2-
J
LEASE AGREEMENT
THIS LEASE AGREEMENT, entered into this 14th day of November
A.D. 1978 by and between CITY OF DANIA, a municipal corporation
organized and existing under the laws of State of Florida, (herein-
after called "Lessor") , and ATLANTIC CONCESSION ASSOCIATES , INC. ,
a Florida corporation, (hereinafter called "Lessee") , with the terms ,
"Lessor" and "Lessee" including their successors , heirs , administrators
1
and assigns wherever and whenever the contents and context hereof so
I
requires or admits,
WITNESSETH:
That subject to all and singular the covenants, agreements ,
conditions, stipulations and limitations herein contained on the part
of the Lessee to be observed, done and performed, and in consideration
of the 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, the Lessor in and by these presents does
hereby rent, demise and lease unto the Lessee that certain real estate
i
situate, lying and being in the County. of Broward and State of Florida,
described as follows , to-wit :
parcel of land 100 feet wide lying 30 feet west
of centerline of the reconstructed beach drive
I
and 285 feet north of the centerline of Dania
i
Beach Road and containing approximately 10, 700
square feet more particularly described as follows ,
I
to-wit :
i
commencing at the intersection of the centerlines
I
of North Ocean Drive and Dania Beach Road, as est-
ablished by Hollywood Central Beach Subdivision as
recorded in Plat Book 4 at page 20 of the Public
Records of Broward County, Florida, thence run east
along the centerline of Dania Beach Road for a dist-
1
9
1 ,
ance of 666 . 95 feet , thence run northeasterly along
the line which forms an angle of 81 degrees , 33 min-
utes and 35 seconds to the left with a prolongation
of the last described course for a distance of 101 . 1
feet to a point, thence run westerly along a line
which is parallel to the aforesaid Dania Beach Road,
for a distance of 114. 17 feet to a point, thence sou-
therly along a line which forms an angle of 90 degrees ,
08 minutes, 30 seconds to the left with a prolongation
of the last described course for a distance of 100 feet
to a point, thence run easterly along a line parallel
to the aforesaid Dania Beach Road for a distance of 99 .08
feet, more or less, to the point of beginning.
to have and to hold the same, together with all of the rights , privileges,
easements and appurtenances thereunto belonging, for and during the
terns of Twenty (20) years from the date this lease becomes effective
(with the date this lease becomes effective being defined herein) , 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, unless 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.
COVENANTS OF THE LESSEE:
In consideration of the demise and lease herein made, and of the
i
benefits accruing and to accrue hereunder, the Lessee hereby covenants ,
i
jagrees and stipulates with the Lessor as follows :
i
1. The Lessee acknowledges at the time of his execution of this
lease agreement that he has been informed that certain personal property
located in the building hereinafter described is owned by William G.
-2-
i
r.
Rhodes his successors or assigns under the terms of a certain
consolidated lease agreement dated October 30, 1963 between the Lessor
and said William G. Rhodes and that this lease agreement does not
include any of such personal property or any other personal property
which may be located in said building. Said personal property shall
be removed from said building before possession is delivered to the
Lessee under the terms of this lease agreement .
After this lease agreement is approved by an ordinance duly passed
and adopted by the City Commission of City of Dania, the City Manager
of the Lessor, on behalf of the Lessor, shall deliver unto the Lessee
the possession of that certain building located on the demised premises
and commonly known as the Dania Beach Grill Restaurant with such
possession to be given by delivery of a key to such building to the
f
Lessee on February 14, 1979 .
j
Within fifteen (15) days after the delivery of possession of said
building to the Lessee, the Lessee shall begin the alteration and
remodeling of such building and shall notify the City Manager of the
Lessor in writing of the day on which such alteration and remodeling
i
is commenced. Said alteration and remodeling shall be done in such
manner so that the building, after alteration and remodeling, shall be
substantially in accordance with the plans and specifications approved
by Lessor prior to commencement of construction and shall be subject
to the right of the Lessor to order and direct changes in the plans
as to the exterior architectural design of the building for the sole
purpose of altering its aesthetic appearance.
The Lessee may utilize existing piling, footers , and flooring which
are contained presently in the building and all remodeling and
alterations to the building shall be performed in such manner so that
the construction complies with the applicable building ordinances and
?. regulations concerning all phases of the construction arising from the
I
remodeling and alterations .
During the course of remodeling, the Lessee shall be responsible for
-3-
J
i
II
�I
removing from the demised premises all parts of the existing building
which are being replaced. However, to the extent that any materials
or parts of the existing building have any salvage value, the Lessee
may retain such materials or parts of the existing building, or
proceeds arising from the sale of same , without being responsible for
accounting for same to the Lessor. After the remodeling and alterations
are completed, the Lessee shall clean the area around the building to
the satisfaction of the Lessor. During the course of remodeling, the
Lessee shall not store any parts of the existing building which are
being replaced on the demised premises for periods in excess of seven
(7) days without first obtaining the permission of the City Manager
of the Lessor.
The alteration and remodeling of said building shall be completed
on or before sixty (60) days after possession of such building is
delivered to the Lessee.
As a security deposit to guarantee the covenant to remodel said
building under the aforesaid time limitation, the Lessee shall deposit
the sum of Two Thousand Five Hundred dollars ($2,500 .00) with the Lessor,
upon possession of the demised premises being delivered to Lessee . If
the Lessee does not commence the remodeling and alteration of said
building within fifteen (15) days after possession is delivered to the
Lessee or if the Lessee does not complete the remodeling and alteration
of said building within sixty (60) days after possession of such
building is delivered to the Lessee by the City Manager of the Lessor,
then, in either event, said security deposit of Two Thousand Five
Hundred dollars ($2, 500. 00) shall be retained by the Lessor as agreed
upon as liquidated damages .
2. In consideration of the use and occupancy of the premises herein
above described, and in further consideration of said demise and lease,
the Lessee hereby covenants and agrees to pay to the Lessor as rent for
said demised premises Twenty-One (21) per cent per year of the gross
i
j receipts from all business activities included herein conducted or
i
I
j J
i
? 'S) r
i
i
i
i
Lessee, his agents, successors , or assigns under
operated by the
the terms of this lease agreement, payable monthly .
Lessee hereby guarantees to Lessor a minimum rental of Thirteen
Thousand dollars ($13 , 000. 00) per year from date of possession. Said
minimum rental guarantee of Thirteen Thousand dollars ($13,000 . 00) per
year shall be paid by Lessee to Lessor regardless of and not dependant
upon the amount of gross receipts received by said Lessee, his agents ,
successors or assigns from business activities conducted or operated
under the terms of this lease agreement. At the end of each calendar
jmonth, the Lessee shall furnish to the Lessor operating statements in
a form to be approved by the Lessor and showing the gross receipts of
the Lessee from all business activities conducted by the Lessee under
1 the terms of this lease agreement for the calendar month covered by
such operating statements . All payments for rent due under the terms
of this paragraph shall be due and payable within ten (10) days after
1
I the end of each calendar month. The Lessor reserves the right at all
i
times to audit the books and records of the Lessee pertaining to the ;
i
business operations which are the subject of this lease agreement . {
Further, the Lessor shall have the right to examine sales tax reports
of the Lessee pertaining to the business operations which are the
i
subject of this lease agreement and shall have the further right to
examine records of the Lessee pertaining to purchases and inventories
of merchandise sold by the Lessee.
At the time the above monthly statement is made, Lessee shall
tabulate the total of all the previous monthly payments made to the
jLessor since the last anniversary date, and if said total shall be less
than an average of One Thousand Eighty Three and 33/100 dollars($1 ,083 . 33)
per month, the Lessee shall forthwith furnish Lessor with the difference
between said average and the amount actually paid for said period.
i
J
-5-
I
I�
1
3. The installments of rent due hereunder shall be paid by the
Lessee to the Lessor at the City Hall, City of Dania, Broward County,
Florida.
4. As a part of the consideration and as rent for the demise and
lease herein made, in addition to the rent hereinabove mentioned, the
Lessee covenants and agrees to and with the Lessor that the Lessee will
pay all tangible personal property taxes , water rents and all other
impositions of every kind and nature whatsoever imposed at any time
during the term of this lease upon or against the demised premises or
any furniture, fixtures or contents placed therein or thereon, and if
ad valorem taxes of any nature are assessed against the real estate
which is the subject of this lease agreement, such real estate taxes
shall be paid by the Lessee. All such taxes, water rents and other
impositions which the Lessee is obligated to pay under the terms of
this paragraph shall be paid by him on or before thirty (30) days from
the date upon which the same from time to time become due and payable,
j provided, however, that in the event such taxes , water rents and other
impositions would become delinquent within a shorter period than
i
i
thirty (30) days from the date upon which the same become or may become
� ;. payable, the Lessee shall pay the same in ample time to prevent any
delinquency, sale forfeiture or penalty in the premises .
5. The Lessee hereby further covenants and agrees with the Lessor
that the demised premises and any building which may exist thereon
during said demised term shall be used only for proper, legitimate and
lawful purposes, and that the Lessee will not use or cause to be used,
or permit any person or party to use in any manner whatsoever, the said
demised premises or any building or improvement thereon, or any portion
thereof, for any use or purpose in contravention of the laws , ordinances
i
or regulations of the United States or the Statr of Florida or the City
of Dania, or any other lawful authority having jurisdiction thereover.
6 . The Lessee hereby further covenants and agrees with the Lessor
that any and all buildings which are or which may become a part of the
-6-
i
a
1
demised premises , shall be kept by said Lessee , at his own expense
in good repair , and in clean, wholesome and tenantable condition, and
that general health, police and fire regulations shall in all respects
be fully complied with by said Lessee, at the Lessee's own expense ;
that the improvements hereafter upon said demised premises, and all
the sidewalks , ways and approaches in and about the same shall be kept
by the said Lessee, at his own expense, safe and secure .
7. The Lessee further covenants and agrees with the Lessor that
' if any building situate at any time upon the demised premises shall be
either damaged or destroyed by fire or other casualty during the term
hereof, the Lessee will repair and rebuild the same as soon as it. is
reasonably possible, but in any event within twelve (12) months after
j such fire or other casualty or destruction, so that said building shall
be in equally as good condition, or in better condition than it was
prior to such damage or destruction, and such repairing or rebuilding
shall be at the Lessee ' s cost and expense, with the understanding that
monies collected through insurance may be used for the purpose of such
repairing and rebuilding.
8. The Lessee further covenants and agrees to protect and save
harmless the Lessor at all times against 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 building and premises , including
the ways and approaches thereto 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. Further, in the event of any litigation arising
from the granting of this lease by Lessor to Lessee, Lessee agrees to
defend any such litigation at Lessee ' s sole expense.
i
9. The Lessee further covenants and agrees to keep the building
i
erected on the demised premises , and the furniture , equipment and fixtures
therein, at all times insured against loss or damage by fire and windstorm
i
i
j
i
i
in reputable insurance companies in good standing, licensed to do
business in the State of Florida. Such insurance may be in an amount
not less than seventy-five per cent (75%) of the full insurable value
as to fire insurance, and not less than fifty per cent (50%) of the
full insurable value as to windstorm insurance, and as to all insurance,
at all times , sufficient amounts shall be carried so as to prevent the
Lessor or the Lessee from becoming a co-insurer (except as to the usual
$100. 00 deductible clause in the windstorm policy) as to loss or damage,
and that the policies of such insurance shall be payable to the Lessor
and the Lessee as their interests may appear.
The Lessee further covenants and agrees that the cost of procuring
and maintaining any and all insurance hereunder required to be procured
and maintained, shall be borne by the Lessee, and the policies of
insurance aforesaid shall provide therein that in case of loss or
damage to the building located on the demised premises , by reason of
fire, windstorm or as may otherwise be provided for in said policies
of insurance, or any of them, the proceeds from the said policies of
insurance shall be paid to the Lessor and the Lessee.
The Lessee shall also 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 Two Hundred Fifty Thousand ($250, 000. 00) dollars , as to
liability to more than one individual . Said policy or policies shall
be vritten in the usual form to protect the Lessor and the Lessee
against damage by accident of any kind or character occurring on or about
said real estate, or the building or improvements thereon.
10. The Lessee further covenants and agrees not to mortgage or
otherwise encumber the leasehold interest created by this lease
agreement . Further, the Lessee further covenants and agrees that he
shall satisfy or otherwise discharge any and all types of judgment liens
which may be placed against the Lessee 's leasehold interest during the
term of this lease agreement within thirty (30) days after receiving
-8-
c
i
I
I
notice of such judgment liens .
11. The Lessee covenants and agrees that he accepts possession of
the demised premises subject to all limitations and restrictions
imposed on the use of the demised premises under the zoning ordinances
of the Lessor.
12. The Lessee further covenants and agrees with the Lessor that
the Lessor, or its agents , may at all reasonable times enter upon the
demised premises for the purpose of examining and inspecting the same.
13.. 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 othewise, to violate any
1
i provision in this lease contained, or if it shall waive any right
1
herein provided for, or shall relinquish any benefit herein reserved,
jsuch license, permit, waiver or relinquishment shall be strictly
1
limited in effect, without establishing a precedent, and without
precluding the Lessor from thereafter requiring a strict performance
by the Lessee.
14. The Lessee further covenants with the Lessor that original
receipts , or duplicate receipts executed as originals , showing payment
of all insurance premiums , taxes , assessments and impositions payable
by the Lessee shall, upon demand, be delivered to the Lessor for
i
inspection and verification within thirty (30) days after demand
therefore has been made by the Lessor.
15 . The Lessee agrees that in the employment of persons to work in
the business to be 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
i any particular person or persons regardless of residence .
16 . The Lessee agrees that he will keep the herein demised premises
I
clean and orderly. More particularly, the Lessee shall remove all
trash, litter, and refuse from the demised premises . The provisions
herein shall not be construed as requiring the Lessee to clean any
j
-9-
I
i
i
j
Public beach areas which are not included within the legal description
appearing on page 1 of this lease agreement.
COVENANTS OF THE LESSOR:
If the Lessee shall make payments herein required to be made both
as to rental money and otherwise, and if he shall also perform, abide
by and comply with each and every the certain covenants , conditions ,
agreements , 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 the
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 set forth in this lease agreement.
2. As to the leased premises hereinabove described, the Lessor does
hereby fully warrant the title and will defend the same against the
lawful claims of all persons whomsoever.
3. The Lessor agrees that wherever and whenever the approval of the
Lessor hereunder is required to be given for any purpose whatsoever, in
j
accordance with the terms of this lease agreement, such approval shall
not be unreasonably withheld by the Lessor.
The Lessor hereby gives to the Lessee its consent to the sale by
the 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 in the City of Dania under the conditions of those existing on the
demised premises . Nothing in this paragraph shall be construed to
I
relieve the Lessee from making proper application and meeting all
i
requirements imposed by all governmental authorities having jurisdiction
over the sale of beer and wine on the demised premises .
5 . The Lessor agrees to refund promptly to the Lessee the security
j deposit of Two Thousand Five Hundred ($2, 500. 00) dollars referred to
in paragraph 1 . of "Covenants of the Lessee : " at page ¢ herein if the
i
i
-10-
1
,.3x rumyw,:::,e..............
I
I
Lessee performs the covenants by him to be performed, in accordance
with the provisions of said paragraph, in a manner so as to avoid the
forfeiture of such amount to the Lessor as agreed upon as liquidated
damages .
MUTUAL COVENANTS OF THE PARTIES :
The Lessor and the Lessee mutually covenant and agree with each
other as follows :
1 . At all times during the term of this lease agreement, the Lessor
shall have the right to lease certain lands it owns within the general
area commonly known as Dania Beach, Dania, Florida, with said certain
;
j lands being more particularly described as follows, to-wit :
Lots 1 and 2, Block 172, Hollywood Central
Beach, according to the plat thereof recorded
I '
in Plat Book 4, page 20-D, Public Records of
Broward County, Florida, and all of that area
i
owned by the Lessor which is west of Block 203,
i
I Hollywood Central Beach, according to the plat
thereof recorded in Plat Book 4, page 20-D,
i
Public Records of Broward County, Florida, said
lands situate, lying and being in Broward County,
` Florida,
to persons , firms or entities under an agreement whereby such persons ,
firms or entities may construct and operate on said lands a restaurant
and cocktail lounge where intoxicating beverages are sold. Alternatively,
the Lessor may construct and operate a restaurant and cocktail lounge
f on said lands during the term of this lease to the extent such
construction and operation may be permitted under the general and
special laws of the State of Florida which govern the Lessor as a
municipal corporation. The operator of said restaurant and cocktail
lounge at the above described location, regardless of whether the
I
I
-11-
II ,
i
J
L ;
operator is the Lessor or an agent or lessee of the Lessor, may sell
to the general public any and all types of food products including,
but not limited to, complete meals or dinners , sandwiches and packaged
foods, all types of tobacco products , soft drinks , ice cream and dairy
products and all types of intoxicants permitted to be sold by law as
well as all other types of products customarily sold by restaurants
and cocktail lounges with the only limitation thereon being that such
sales of all said products shall be for consumption and use on the
premises constituting said restaurant and cocktail lounge. Further,
at all times during the term of this lease agreement, the Lessor
reserves the right to operate, manage, control or lease the yacht basin
at Dania Beach, Dania, Florida, which the Lessor presently owns and
the Lessor shall have the exclusive right to control and designate the
types of businesses or concessions generally found at public yacht
basins such as , but not limited to, sight seeing boats , sight seeing
boat rides , drift fishing, boats , charter fishing boats and the sale
of fishing bait and tackle to persons utilizing boats which operate
from yacht basin, without the Lessee herein having any rights concerning
said types of businesses or concessions at said yacht basin which is
presently owned by Lessor. In addition, at all times during the term
of this lease agreement, the Lessor reserves the right to control ,
determine and prescribe types of businesses and concessions which may
be operated for the benefit of the general public on Lessor's fishing
pier at Dania Beach, Dania, Florida. More particularly, during the
1.
term of this lease, the Lessor shall have the right at all times to
lease to others or to operate in its own name a fishing tackle and bait
shop and a restaurant on said pier and the Lessee herein shall have no
i
rights whatsoever in any businesses or concessions operated from or on
said fishing pier.
2. Subject to rights retained or reserved by the Lessor in paragraph
1 of "Mutual Covenants of the Parties : ", pages 11 and 12, of this lease
agreement, it is understood and agreed that the rights of the Lessee
-12-
I ' r
I
under this lease agreement include the following rights , to-wit :
(a) The right to sell at the building on the
demised premises for consumption by the
public at such premises or on the public
areas adjacent to the demised premises
any and all types of food and dairy
products , beer, wine , novelties , sundries ,
souveniers , toys, suntan lotions, sunburn
lotions , bathing caps , bathing suits ,
towels , magazines , soft drinks , patent
I
medicines , any and all types of tobacco
jproducts , beach equipment, postal cards and
f
any and all types of related products which
? may be reasonably required by the general
I
j public in their utilization of the beach
facilities at Dania Beach, Dania, Florida, and
c (b) The right to operate concessions offering
yservices or merchandise for use or consumption
i
by the general public in their utlization of
the beach facilities at Dania Beach, Dania,
Florida, including, but not limited to, the
I
irental of beach chairs , rafts , boats and
beach cabanas .
In consideration of the aforesaid rights , the Lessee agrees to keep
I
the business conducted in the building on the demised premises open
daily, seven days a week, during daylight hours as a minimum, with the
exact hours to be agreed upon from time to time with the Lessor. However,
i
jwithin the sole discretion of the Lessee , such business may be closed
during periods of inclement weather and during a maximum of five (5)
i
i
other days during each year to be determined by the Lessee .
3 . Subject to the rights retained or reserved by the Lessor in
paragraph 1 of "Mutual Covenants of the Parties : ", pages 11 and 12,
,
-13-
I
,i
v
of this lease agreement which would, of necessity, permit the Lessor
to grant occupational licenses to others concerning the businesses
and concessions which are within the scope of said paragraph 1, the
Lessor agrees not to grant occupational licenses to other persons ,
firms or entities which would allow the conduct or operation of a
business or concession at Dania Beach, Dania, Florida , in competition
with the business and concessions which may be operated at Dania Beach,
Dania, Florida, by the Lessee under the terms of this agreement .
However, if a person makes application to the Lessor for permission to
operate a particular concession at Dania Beach, Dania, Florida, which
is not being operated by the Lessee under the terms of this lease
agreement, the Lessor may grant permission to such applicant to operate
such concession after giving, in writing, a reasonable opportunity to
the Lessee to agree to operate such concession and after the Lessee,
in writing, declines to agree to operate such concession with it being
the particular intent of this provision to grant unto the Lessee the
first right of refusal concerning concession rights at Dania Beach,
Dania, Florida, during the term of this lease agreement.
4. The Lessor shall , at its option and election, have the right at
all times during the demised term to pay any property taxes , assessments ,
impositions or charges upon or against the demised premises after the
same become due and payable and are unpaid in those instances where it
is the obligation of the Lessee under other provisions of this lease
agreement to pay such property taxes , assessments , impositions or
charges; and the amount or amounts so paid by the Lessor shall be and
shall be treated in all respects as so much additional rent due from
the Lessee to the Lessor at the maturity date of the next rental
installment, and the same shall bear interest at the rate of eight per
cent (8%) , per annum from the date of payment thereof until repayment
thereof by the Lessee, and upon the acceptance of such repayment thereof
by the Lessor, that specific default by the Lessee which was
occasioned by such nonpayment of taxes , assessments, impositions and
j
-14-
i � 1
{
{
other charges by the Lessee shall then and there be waived by the
Lessor. Nevertheless, if nonpayment of such taxes , assessments ,
impositions or charges is due to controversy between the Lessee and
the taxing authority, and the Lessee is in good faith contesting the
validity of such tax, assessment, imposition or charge through
appropriate legal proceedings , such tax, assessment, imposition or
charge shall not be paid by the Lessor or any other person or party
claiming by, through or under the Lessor, until or unless the validity
and legality thereof has been established by the final judgment of a
Court of competent jurisdiction, provided that prior to the institution
of such legal proceedings by the Lessee, or immediately after the
institution thereof by any taxing authority, or any one other than
the Lessee, but within the time specified in this lease -agreement for
payment of such taxes , assessments , impositions or charges upon or
against the demised premises or any part thereof as such provision is
jmade in the specific convenants of the Lessee herein, the Lessee shall.
procure and give unto the Lessor a good and sufficient surety bond, with
a reputable surety company licensed to do business in the State of i
Florida, as a surety thereon, in an amount adequate and conditioned to
indemnify and save harmless the Lessor from any loss , cost, damage or
1 expense resulting or to result from failure of the Lessee to pay such
�
tax, assessment, imposition or charge as g provided in this lease for
f
payment of such taxes , assessments , impositions or charges upon or
against the demised premises or any part thereof as such provision is
made in the specific covenants of the Lessee herein.
The Lessor shall waive all city ad valorum taxes upon the herein
demised premises .
i
5 . It is mutually agreed that the Lessor shall at all times have the
right and privilege to encumber the demised premises, or to issue bonds
i upon the value thereof, subject to the leasehold estate, and other
rights in the Lessee hereby created, but not to impair the right of the
Lessee to enjoy the use and occupancy of the demised premises so long
i
j -15-
J 1
J
i
as the Lessee pays the rent, as aforesaid, and performs all the
covenants , conditions and provisions of this lease.
6. It is mutually agreed that all policies of insurance hereinabove
provided for shall stipulate that the loss, if any, shall be paid to
the Lessor and Lessee or successors hereunder, and in case the said
Lessee shall, at any time neglect to insure and keep insurance on said
building upon the demised premises , and the furniture, furnishings
and equipment therein as herein provided, the said Lessor may procure
said insurance and the Lessee shall, within thirty (30) days after
notice of the procuring of such insurance, pay the premiums therefor
together with interest thereon at the rate of eight per cent (8'/) per
annum from the date of such payment by the Lessor. Lessor may at its
option and election, procure or renew and pay for such insurance and
add the amount for the premium thereon to the next rental installment
thereafter falling due under the terms of this lease, together with
5 interest thereon at the rate of eight per cent (8io) per annum from the
date of payment of such premium to date of repayment thereof by the
Lessee, provided that upon acceptance of such repayment thereof by the
Lessor, the default occasioned by such failure on the particular and
specific default shall be waived.
If it should prove impossible for the Lessee to obtain insurance
coverage, because no reputable insurance company will assure the risk,
in whole or in part, as required by virtue of paragraph 9 of the
"Covenants of the Lessee : ", at pages 7 and 8 , under this lease
agreement, and in other portions of this lease agreement , then, in such
event, the Lessee shall be excused without penalty from obtaining and
providing such insurance coverage as if found impossible to obtain .
7 . It is mutually understood and agreed that if the building, or a
part thereof, at any time situate upon the said demised premises , be
either greatly damaged or destroyed by fire or other casualty, the
Lessee, instead of rebuilding the same according to the original plans
and designs, may proceed to erect a new building of equal or greater
-16-
i
i
value upon said demised premises , after submitting to the Lessor the
j plans and specifications which shall be in keeping with the use and
I
occupancy generally applicable to said location and which shall also
be in keeping with the applicable zoning ordinances of the City of
Dania. Further, said building shall be erected for such uses and
I
purposes as to be consistent with the uses and purposes provided under
the terms of this lease agreement.
That in the event the building and structures upon the demised
premises shall be totally or partially destroyed by fire, storm, act
of God or otherwise during the term of this lease agreement so that
the same cannot be used by the Lessee, then during the period the said
property is unfit for occupancy the Lessee shall have no obligation to
j pay rent.
{
8. It is mutually agreed that in case of damage to the building or
improvements at any time upon said demised premises , or the destruction
thereof, that if the Lessee shall repair or rebuild the same in
conformity with the approved plans as provided in "Mutual Covenants of
the Parties : , paragraph 7 at pages 16 and 17 herein, then in such case,
j all insurance monies which shall have been received by the Lessor. by
1 virtue of the existing of said policies , after deducting therefrom all ,
1
j reasonable costs and expenses , if any incurred, of collecting the same,
shall be paid out on bona fide certificates of reputable architect or
engineer licensed to practice in Florida to be selected by the Lessee
as the work progresses , for the expenses of such repair or rebuilding
i
or construction of such new building or buildings , but a sufficient
i
i amount of such insurance money, in a sum not to exceed ten per cent (10%)
thereof, shall at all times be retained by the said Lessor to assure
the completion of said building or buildings , and the balance of any
monies remaining in the hands of said Lessor shall be paid by it to the
i said Lessee, provided the building or buildings as repaired or replaced,
shall be of equal or greater value than such building or improvements
{ had prior to the casualty; but in the event that the building at any time
1
I -17-
,
i
i
r � i
upon said demised premises shall not be rebuilt, repaired, or restored 1
in accordance with the provisions of this lease agreement, then and in
such case all insurance money in the hands of said Lessor shall belong
to and become the property of the Lessor. It is agreed by and between
the parties hereto that in the event any insurance monies be collected
by the Lessor herein on account of any fire or other casualty occurring
upon the demised premises , and such monies do not exceed Twenty-Five
Thousand ($25,000. 00) dollars then and in that event the Lessor shall ,
without requiring any architect's certificates , or other evidence or
security, pay said money forthwith to the Lessee. If this lease
agreement shall be forfeited for any reason whatsoever while any
insurance money shall remain in the hands of the Lessor, or uncollected,
then all of said insurance money shall belong to said Lessor and be
paid to the Lessor free and clear of any claim or interest therein upon
the part of the Lessee or anyone claiming by, through or under the
Lessee.
9. Unless the Lessor specifically consents in writing thereto, it
is mutually agreed that no person, firm or corporation whomsoever or
whatsoever, shall be entitled or become entitled either directly or
indirectly to any claim, encumbrance or lien upon the Lessor's estate
and interest ' in the demised premises as a result of any act, omissions
or contract of the Lessee and that in occupying,
py g, possessing, controlling,
repairing and improving the premises , and in making additions to
existing buildings thereon, or enlarging the same or rebuilding the
same , or in constructing a new building on the premises , the Lessee
shall and may contract only as to its leasehold estate, and shall not
be entitled as a result of this lease to impose any charge, burden, lien
or encumbrance of any kind or character upon the Lessor's fee or
interest in the property, except as in this lease specifically provided;
and that any building or buildings , improvement or improvements of any
kind or character upon the Lessor ' s fee or interest in the property,
except as in this lease agreement specific provision is made; and that
-18-
any building or buildings, improvement or improvements of any kind or
I ' character whatsoever, upon becoming affixed to the land, shall become
a part of the realty
, subject only to the leasehold estate of the
Lessee herein. All persons furnishing labor or materials , as well as
all other persons whomsoever, shall be bound by the provisions hereof
and notice is hereby given to all persons and for all such purposes
from and after the day of the date of this lease. The mere fact of
the alleged existence of a mechanic ' s or materialman's claim or lien,
or liens , by recordation or otherwise, shall not of itself operate to
forfeit or terminate this lease agreement, provided the Lessee shall
If hold the Lessor harmless against such alleged claims, encumbrances and
liens .
10. . Lessee shall not have the right and privilege to assign all or
i'
any portion of this lease agreement, nor the right and privilege to
i
i
sublet any portion of the demised premises without the express consent
of the Lessor. Should such consent be requested by the Lessee and
should same be granted by the Lessor, any assignment or subletting under
this provision shall not relieve the Lessee herein from accounting to
Lessor for the of
i
percentage gross returns from all business conducted
on the demised premises which is to be paid to the Lessor as rent under
the provisions of said lease agreement .
11 . The said Lessee covenants and agrees with the Lessor that upon
the termination of this lease agreement, whether by lapse of time or
oth
erwise,
ise, 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
i
upon said demised premises shall belong to the said Lessor and that no
compensation shall be allowed or paid therefor.
i
12 . It is further covenanted and agreed by and between the parties
hereto that all covenants, agreements , conditions , and undertakings in
this lease agreement shall extend to and be binding upon the successors
and assigns of the respective parties hereto, the same as if they were
I
I
-19-
i
i
i
i
I
in each case named and expressed, and that the same shall be construed
as covenants running with the land, and wherever in this lease agreement
reference is made to either of such parties hereto , it shall be held
to include the successors and assigns of such party, the same as if
Iin each and every case so expressed.
13. It is mutually agreed that if the demised term shall be lawfully
terminated by reason of any breach of condition, default, act or
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 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 compensation in part for its loss or losses
resulting from any such breach on the part of the Lessee.
14. The Lessee further covenants and agrees with the Lessor that if
the rent herein reserved unto the Lessor, as well as all other sums of
money that may become due and owing from the Lessee to the Lessor shall
remain unpaid for a period of thirty (30) days after the same become
due and payable; or if the Lessee shall fail to repair or rebuild the
building damaged or destroyed by fire or windstorm within the time and
i .
s lease agreement, or if the Lessee
in the manner as required by thi
shall fail to pay all property taxes , assessments or other impositions
which it is obligated to pay under the terms hereof, or any part thereof,
as such payment or payments are in this lease agreement required to be
l to keep the building at any time upon
made, or if the Lessee shall fai
i
the demised premises insured as required in this lease; provided,
I however, that in either or all of such events , the Lessee shall have
the advantage of any periods of grace which are permitted under the
terms of this lease agreement within which to remedy such default; then
and in either or any of such events , if such default shall not have been
remedied, this lease agreement shall thereupon, at the option of the
-20-
J
A _1:ww-'Mfe"'F':�: P^sM.
• t
i
I
Lessor, be terminated and cancelled and the Lessee shall become a
tenant at sufferance, and the Lessor may at any time thereafter re-
enter said premises and have and possess the same as of its former
estate, or may recover the same in any manner prescribed by the
statutes of the State of Florida relating to the removal of tenants
or otherwise.
15. 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 the due date, the Lessor may, at its option
and election, cancel and terminate this lease agreement. 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
t
agreement. 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 such default on the part of the Lessee, whereafter the
i
1 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
i
j 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
i
and discretion, cancel and terminate this lease agreement. In the
event of the election of the Lessor to terminate and cancel this lease
agreement for a condition broken as aforesaid, or for the failure of
the Lessee to comply with and abide by any of the covenants , conditions,
agreements and stipulations herein in this paragraph referred to, then
I
and in such event the Lessor may at any time thereafter, in accordance
I
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
l+ possession thereof in any manner as prescribed by the Statutes of the
1
State of Florida relating to the removal of tenants or otherwise .
16 . It is mutually convenanted and agreed by and between the parties
-21-
i
i
i
I
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 ,
iand all insurance money, if any, held by the Lessor, plus the security
I
deposit and interest referred to in paragraph 20, at pages 23 and 24
of this lease agreement, and all the estate, right and interest of the
j
j Lessee in and under this lease agreement, and in the land described,
and all improvements , buildings and fixtures then situated on said
demised premises , together with all rents issues and profits of 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.
17. The Lessee further covenants and agrees that any notice or
notices which may be required to be given by the Lessor to the• Lessee
in accordance with the terms and conditions of this lease agreement
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 Lessee
by certified mail addressed to the Lessee at :
Atlantic Concession Associates , Inc.
6503 North Ocean Drive
Dania, Florida 33004
the return address shown on Lessee' s proposal which was considered by
the City Commission of the Lessor at its meeting of May 23, 1978, 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 certified mail addressed to City
Manager, City of Dania, City Hall , Dania, Florida 33004.
18. 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
-22-
i
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 , expenses , final judgments and reasonable attorney 's fees ,
incurred or imposed upon the Lessor in connection with such litigation,
provided, however, that the Lessee at its 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 of eight per cent (8%) per annum from the date of payment
thereof by the Lessor until repayment thereof to the Lessor.
19. 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 , conditions , agreements
and obligations in this lease agreement- set forth in the event of a
default by the Lessee, and all such costs and reasonable attorney's fees,
i
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 (8%) per annum
from date of payment thereof by the Lessor until repayment thereof to
the Lessor.
20. Lessee has deposited with Lessor the sum of Two Thousand Five
Hundred ($2, 500. 00) dollars , receipt of which is hereby acknowledged.
Said deposit shall be held by Lessor in an interest bearing account at
i
a local Federal Savings and Loan Association for the faithful performance
by Lessee of all the terms of this lease agreement by said Lessee to be
observed and performed. The security deposit shall not be mortgaged,
i
assigned, transferred or encumbered by Lessee without the written
I
consent of Lessor and any such act on the part of Lessee shall be without
force and effect and shall not be binding upon Lessor. If any of the
-23-
J
rents herein reserved or any other sum payable by Lessee to Lessor
shall be overdue and unpaid or should Lessor make payments on behalf
of the Lessee, or Lessee shall fail to perform any of the terms of
this lease, the Lessor may, at its option and without prejudice to any
remedy which Lessor may have on account thereof, appropriate and
apply said entire deposit, plus interest , or so much thereof as may be
I
necessary to compensate Lessor toward the payment of rent or additional
rent or loss or damage sustained by Lessor due to such breach on the
part of Lessee; and Lessee shall forthwith upon demand restore said
security to the sum prior to said withdrawal. Should Lessee comply
i
with all of said terms and promptly pay all of the rentals as they fall
due and all other sums payable by Lessee to Lessor, said deposit plus
interest shall be returned in full to Lessee at the end of the term of
this lease.
21. It is understood and agreed that this lease agreement shall not
be binding upon the Lessor unless the execution thereof by Lessor has
been authorized by ordinance or resolution properly passed and adopted
i
by the City Commission of Lessor, which said ordinance or resolution
shall authorize the execution of this lease agreement within five (5)
days after the passing and adoption of the ordinance or resolution.
< 22. The effective date of this lease shall be February 14, 1979 .
i
IN WITNESS WHEREOF, Lessor has caused this lease agreement to
be executed in its name by its Mayor-Commissioner and by its City
Manager and has caused its official seal to be affixed, attested by
the City Clerk-Auditor, pursuant to authority of Ordinance No.
of the City of Dania, and Lessee has caused this lease agreement to be
executed in its name by its President and has caused its corporate
seal to be affixed, attested by its Secretary, on the day and year first
above written.
-24-
J
I
CITY OF DANIA, a municipal corporation
j (CORPORATE SEAL) organized and existing under the laws
of the State o ?Fl4oridaSigned, sealed and R - CO
delivered in the presence
of: p ;
BY :
CITY MANAGER
ATTEST :
as to Lessor f _
BY CTI�n LERK - -AUDITOR ✓
1A
ATLANTIC CONCESSION ASSOCIATES , INC. ,
(CORPORATE SEAL) ;, a Florida. corporation .
j Signed, sealed and BY : ;
delivered in the presence f"' PRE DENT
of:
-
ATTEST:Z"��✓L�,`�
SECRETARY
1 ✓
as ' to e 'se
I �
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 ,
JOHN BERTINO, RICHARD MARANT and WANDA MULLIKIN, Mayor-Commissioner,
City Manager and City Clerk-Auditor , respectively, of the CITY OF DANIA,
a municipal corporation organized and existing under the laws of the
State of Florida, to me well known to be the individuals and officers
of said municipal corporation described in and who executed the foregoing
lease agreement, and duly acknowledged before me that said municipal
corporation executed the same for the purposes 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, Broward County, Florida, this 16th day of
November 1973.
(NOTARY SEAL) NOTARY PUBLIC hvi;.r.''r n
My Commission expirN "` ``'
-25-
s
i ....w..w.,...xx•:^+vmz;.-f... .,.t-.^:6n^'�.' ., -,-..--.. ..Sim."•'.� •-----^T�-.?-;,y'^i,."�1
r
STATE OF FLORIDA
COUNTY OF BRO14ARD
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments,
President and Secretary, respectively, of ATLANTIC CONCESSION
ASSOCIATES , INC. , a corporation organized and existing under the laws
of the State of Florida, to me well known to be the individuals and
officers of said corporation described in and who executed the same
for the purposes therein expressed as the act and deed of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal at Dania, Broward County, Florida, this /7 r5' day
Of NDuemBEe_ 1978 .
(NOTARY SEAL) NOTARY PUBLIC
My Commission expires :
tI -19a2
,
t
7�
p I
I
I
I
—26—