HomeMy WebLinkAboutO-1981-256 a
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ORDINANCE NO . 256
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
APPROVING THE LEASE AND LICENSING AGREEMENT
BETWEEN CITY OF DANIA AND SATURDAY CORPORA-
TION, A FLORIDA CORPORATION, ITS SUCCESSORS
OR ASSIGNS , COVERING THE PROPERTY KNOWN AS
OCEAN PROTEIN PROPERTY AS SHOWN BY 1978
BERRY LAND SURVEY AND MORE PARTICULARLY
DESCRIBED IN SAID LEASE; AND AUTHORIZING
AND DIRECTING THE EXECUTION OF SAID LEASE
AND LICENSING AGREEMENT BY THE APPROPRIATE
CITY OFFICIALS WITHIN FIVE DAYS FROM THE DATE
OF FINAL PASSAGE AND ADOPTION OF THIS ORDIN-
ANCE; AND PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE RFPEALED 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 and Licensing Agreement
between City of Dania , as Lessor, and Saturday Corporation ,
Y� a Florida corporation , its successors or assigns , as Lessee ,
consisting of twenty-eight typewritten pages , and covering
the property known as "Ocean Protein Property" as shown by
"1978 Berry Land Survey" and more particularly described
in said Lease and Licensing Agreement , an unexecuted copy
of which is annexed hereto and made a part hereof as "Exhibit
A" , be and the same is hereby approved.
Section 2. That the Mayor-Commissioner, City Manager
and City Clerk-Auditor are herby authorzed and directed to
execute said Lease and Licensing Agreement on behalf of the
City of Dania, Florida, within five (5) days from the final
passage and adoption of this ordinance.
Section 3. 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be repealed to the extent of such conflict .
Section 4 . That this ordinance shall be in force and
take effect immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading on the23ldday of
December , 1980. II
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LEASE AND LICENSING AGREEMENT
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THIS LEASE AND LICENSING AGREEMENT made and entered
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into this 1
day Y of January , 1981, by and between
CITY OF DANIA, a Florida municipal
corporation (hereinafter sometimes
referred to as City of Dania") ,
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and
SATURDAY CORPORATION, a Florida corporation,
its successor's or assigns (hereinafter some-
times referred to as "Saturday")
' W I T N E S S E T H:
City of Dania for and in consideration of the mutual
covenants which are hereinafter stated and in further con-
sideration of the sum of Ten and no/100 Dollars ($10. 00)
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s' paid by each of the parties to the other, receipt of which
j is hereby acknowledged, IT IS MUTUALLY AGREED AS FOLLOWS:
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(1) City of Dania does ,hereby lease and/or license
S to Saturday, and Saturday does hereby lease and/or license
from City of Dania, the following described property situate,
lying and being in Broward County, Florida, to wit:
! Block 203 and that portion of Ocean Drive
adjacent to Block 203, in HOLLYWOOD CENTRAL
jBEACH, according to the plat thereof recorded
in Plat Book 4 , Page 20 , Public Records
{ of Broward County, Florida, LESS that portion
of Ocean Drive adjacent to Block 203, as
shown on State Road Department Right of
Way Man, Section No. 86514-2601 ; and
1 That portion of Fifty-first Street (Cambridge
Street) adiacent to Block 203 as shown
on said Plat of ►iOLLYNOOD CENTRAL BEACH, ly-
ing East of Ocean Drive as shown on State
j Road Department Right of Way Mao , Section
No. 8603-175 ; and
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That portion of New River Sound as shown
on said plat: of HOLLYWOOD CENTRAL BEACH,
described as follows :
Commencing at the Northeast corner of said
Block 203, run Southeasterly along the
East line of Block 203, a distance of 53. 45
feet, more or less , to the North face of
an existing bulkhead and a Point of bepinniaa; I
thence, run Easterly along the rt
Noh face -lam J
of said bulkhead 186. 66 feet, more or less ,
to the West face of an existin- bulkhead;
Ithence, Northerly along the West face of
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said bulkhead 864 feet; thence, Eastez
at right angles to said Northerly bulkhead
8446 feet, more or less, to the West face
of a concrete strip for parking meters;
thence; Southerly along the West face of
said concrete strip extended 1 , 011.03 feet,
more or less , to a Northerly right of way
line bf State Road A-1-A, as shown on State
Road Department Right of [day Map Section
No. 8603-175; thence, Westerly along said
Northerly right of way 248. 1.9 feet, more
or less, to the East line of said Block
203, thence, Northwesterly along said East
line 150. 00 feet, more or less , to the
-point of beginning said lands situate,
lying and being in Broward County, Florida,
With all of the above described lands, situate,
lying and being in Broward County, Florida.
TO HAVE AND TO HOLD the same for a term of 30 years, beginning on
January 1 , 1982, and ending on December 31, 2012.
2. (a) The City of Dania does hereby warrant to Saturday that its
title to the lands which are the subject of this lease and licensing
agreement is good marketable and insurable subject only to the
exceptions expressly stated in subparagraph
ragraph 2(b) of the within paragraph .
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Further,City of Dania warrants and represents that is has lawful
uthority to enter into this lease and licensing agreement .
2. (b) The lease is on the condition subsequent that Saturday
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accepts the title of City of Dania after its examination of the avail-
able title information in the possession of its attorney. Both Saturday
and City of Dania acknowledge there are no abstracts of title for
^ ' the subject properties ; however, based upon an exhaustive study of
all title information and other related documents in his possession,
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Clarke Walden of the firm of Walden, Walden and McCauley, as attorney
f for Saturday Corporation has raised the following exceptions to the
j title of the subject lands :
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a. The City must acquire a conveyance from the State of
Florida (Department of Transportation) of all rights of
the State of Florida in and to the rights of way areas re-
cently vacated by the City.
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City of Dania must obtain from the State of Florida
(Department of Transportation) a license to pass under the
overpass constructed as part of North Ocean Drive which
passes over and above the East/West Waterway which is
immediately North of Block 203 and which connects � _J
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x Intracoastal Waterway and New River Sound.
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C. City of Dania should apply to Home Seekers Realty
Company (or its -successor) and the City of Hollywood
to obtain a release of the Deed restriction concerning
the property acquired from them in 1927.
d. City of .Dania should apply to the State of Florida
(Department of Transportation) for a conveyance to the k
City of Dania whereby State of Florida releases to the
City of Dania all of the right, title and interest in f
and to South 112 of that part of Fifty-first Street
(formerly Cambridge Street) which was recently vacated
by City of Dania.
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e. The City shall obtain from the Department of Natural
Resources or other appropriate state agency a release
of all oil and mineral reservations existing on the
J subject property.
` I The City of Dania shall immediately proceed `
to clear the foregoing exceptions (a through e) . Further,
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City of Dania agrees to assist Saturday in the leasing
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from the Department of Transportation of State of Florida
the following described lands:
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Lots 1 , 2, 11, 12, 13, 14 , 15, and 1.6, ,
Block 202, HOLLYWOOD CENTRAL BEACH, ac-
cording- to the Plat thereof, recorded
in Plat Book 4 , Page 20, Public Records
of Broward County, Florida, said lands
situate, lying and being in Broward County,
Florida , subject to verification by ac-
curate survey to be prepared by M.E. Berry
and Associates, land surveyors.
(3) To the extent that any of the subject lands fall within
the lands acquired by City of Dania in 1952 by Deed No. 20057 from
the Trustees of the Internal Improvement Fund of the State of Florida ,
dated June 6 , 1952, and recorded .Tune 9, 1952 at Deed Book 779, Page
�373 , of the Public Records of Broward County , Florida , this agree-
Vrent shall be deemed to be an exclusive license or permit running
0 6rom City of Dania to Saturday and shall not represent an attempt
on the part of City of Dania to lease any of the said lands. Neverthe-
less, the exclusive license shall be for exactly the same term of yea r
as the e and a,`�l provisions' in the withirner t as to
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the rights of Saturday at the end of ' 'the term, regarding the
lease, shall apply not only to the leased lands but also to
any lands which are the subject of the said exclusive license.
The fact that City of Dania does not have the apparent authority
to lease any of the lands falling within the lands described
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in the above described deed and that it has only the authority
to grant an .exclusive license concering same shall not be deemed
to be an exception to title. That is, the fact that Saturday
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is receiving only an exclusive license as to the lands falling
within the lands acquired b said deed eed shall not be deemed an
exception, or objection, to title.
II.
The lease of the demised premises shall include the right
to use all adjacent waterways, canals and water frontage as
permitted by the laws of the State of Florida and to the same
extent that other members of the general public has a right
to use same. If any part of such waterways, canals and water
i frontage lies within the lands acquired by City of Dania and
forming a part of the 1952 chain of title, City of Dania grants
unto Saturday, its agents, guests and invitees for the general
purpose of allowing guests, invitees and patrons of the demised
premises to dock their boats and vessels along any portion of
the licensed premises which constitutes water frontage.
III.
If Saturday accepts the title on or about March 31, 1981,
either bec_use all exceptions have been removed or because Saturday
elects to accept the title "as is" (if there are still any excep-
tions outstanding) , the parties recognize that there will exist
a period of approximately 270 days before the actual or beginning
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date of the term of the lease. That is, if Saturday is required
to accept the title on or about March 31 , 1981 , or if Saturday
voluntarily elects to accept title "as is" on or about March
31 , 1981 , and if the beginning date of the lease term of 30
�Gt.til
years is January 1 , 1982, there is an interval of approximately
U 270 days between March 31 , 1981 , and January 1, 1982. The said
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period of time of approximately 270 days is sometimes referred
to in the within lease and licensing agreement as the "beginning
feasibility study period. "
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During the beginning feasibility study period , Saturday
shall have the right to full and complete access to all parts
of the leased premises (including the right to access to all
building improvements thereon) and shall have the further right
during the beginning feasibility study period to utilize the
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leased premises to whatever extent is necessary to make feas-
ibility studies , soil and boring tests , surveys , and all types
of engineering studies for the purpose of making a final deter-
mination that it is economically and realistically feasible
to use the demised premises for the purposes of this lease and
licensing agreement. For such right of access to the demised
premises and for such further right to make all of said types
of feasibility studies during the beginning feasibility study
period, Saturday has paid to City of Dania the sum of $12, 000.00,
receipt of which is hereby acknowledged by City of. Dania. by
its execution of this agreement. Said $12,000.00 is sometimes
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referred to herein as the "feasibility consideration of
$12, 000. 00. .'
If Saturday has elected to accept the tittle of: City of
i Dania "as is" (this is , subject to any exceptions still outstanding)
the beginning feasibility study period
then, at any time during
(between approximately March 31, 1981, and January 1, 1982) . '
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Saturday shall have the absolute right, privilege and option
i of termination, voiding and cancelling the within lease agreement
jby giving written notice to such effect to the City Manager,
City of Dania, on or before midnight, December 31, 1981. In
the event of such cancellation, the within lease agreement shall
be deemed terminated, cancelled and voided for all purposes and
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{ Saturday shall have no further obligations hereunder. however,
in the event of such cancellation during the interval of time
that the beginning feasibility study period of 270 days is in ef-
fect, . City of Dania shall be entitled to retain the feasibility
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n consideration of $12, 000 . 00 as agreed upon fired and liquidated
damages .
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IV.
(1) During the period from January 1, 1982, to June
30 , 1984, inclusive (that is , during the first 30 months of
the lease and licensing term) , Saturday shall have the right
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to raze and demolish the existing salt water marinearium
structure at its own expense. The right to raze and demolish
the marinearium structure shall include the right to dismantle
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and remove all related tanks, pumps, piping, lines and structures
and any other types of land improvements which may have been
constructed in approximately 1964 as an incident to the construction
of such marinearium structure. If such demolished improvements
have any salvage value Saturday shall pay all sums received
therefor to the City.
(2) During the first 30 months of the lease and licensing
term, Saturday shall cause the demised premises to be improved
at its ow-n expense by +the construction thereon of a basic
restaurant type of building so as to constitute a restaurant
complex or resta-.:rant enterprise of the scope and extent
described as follows :
"'restaurant complex" or restaurant enter-
prise" . as used herein, shall mean and
refer t the general type of facility
which Saturday has proposed to City of
E Dania since March 17, 1978 , for construc-
tion and operation by Saturday, with the
term ccntemplating a scope of construction
and operation which would allow not only
the construction of a restaurant and ban-
quet facility, but would also allow the
construction of any and all types of related
facilities including, but not limited to,
gift shops , curio shops , souvenier shops ,
nightclubs , cocktail lounges and any and
all other types of incidental facilities
which would be related to, or compatible
with, the operation of a major restaurant
enterprise and restaurant attraction at
Dania Beach that may be approved by the
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City Commission of the City of Dania from
(LUG time to time during the term of this agree-
L ment.
In addition, at its option, Saturday may also construct on
the demised premises whatever related wharves , boat docking
facilities, if permitted by the laws of the State of Florida,
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nightclub facilities, paving, landscaping and related lease-
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hold improvements that it deems appropriate and compatible
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with said restaurant type of building. For eramDle, Saturday
may construct facilities suitable to house gift shops, curio
shops , souvenir shops , nightclubs,cocktail lounges and any
and all other types of incidental facilities which would
be related to, or compatible with, the operation of a major
restaurant enterprise and restaurant attraction at Dania
Beach. Also, Saturday may, if permitted by the State of
Florida to do so, construct wharves , seawalls , boat docking
facilities, piers and related types of dock improvements
at any part of a waterway which is adjacent to the leased
or licensed premises . All income derived from such facilities
shall be included in and be a part- of the gross sales of
Saturday even though generated in areas not included in the
legal descriptions of the leased and licensed premises . Further,
1 Saturday .:may construct one (1) single residential type of
housing unit designed to accommodate an employee or agent
of Saturday and not intended for rent to the public generally-
(3) Further, in addition to its right to construct
all of the aforesaid types of facilities , which would be
compatible with the operation of a restaurant complex or
restaurant enterprise, Saturday may actually use the leased
and licensed premises as a place of business for the operation
of a restaurant and banquet facility and as a place of business
for the operation of related facilities such as (but not
4 limited to) gift shops , curio shops , souvenir shops , cocktail
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! lounges , bars , snack shops , sandwich shops , food stands and
j like food service facilities ; however, no part- of any said
facilities shall ever be used or operated as a gambling casino
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j 2 of any kind or nature. Saturday shall have the further right
i� ,Ifs to construct and operate on the subject premises a swimming
pool facility and any and all types of parking facilities to
accommodate the employees , gueSts. and invitees of Saturday.
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In connection with the use of the premises by Saturday during r`
the term of the lease City of Dania expressly warrants that
the municipal zoning ordinances of City of Dania permit and
allow each and every such use, and that no type of zoning, ex-
ceptional permit, variance permit, non conforming use permit
or special exception use permit shall be required as a preliminary
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to the exercise of any of said permitted uses.
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(4) As to the types of facilities which may be constructed
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j and as to the uses which will be allowed on the leased and licensed
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premises, the interpretation to be given to this agreement shall
be broad and liberal (as distinguished from restrictive and
technical) so that Saturday, at all times ,. may use the leased
and licensed premises for any and all types of enterprises and
activities which are compatible with the operation of a major
restaurant enterprise and restaurant attraction; however, gambling
of any kind or nature shall . not be conducted on or about the
i premises.
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(5) The total cost of all leasehold improvements to be
1 made during the first 30 months of the lease and licensing term
j shall not be less than $250 , 000. 00. In determining the value
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of the leasehold improvements to be not less than $250 , 000.00,
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,.k as aforesaid, Saturday may include in such costs the amount
required to raze anal demolish the .existing marinearium structure,
all land improvement costs, all engineering, architectural fees
and all costs of the actual construction of new improvements.
With respect thereto, Saturday shall furnish reasonable evidence
to City of Dania that it has expended such minimum sum of
$250 , 000. 00 for leasehold improvements prior to June 30 , 1984 .
Any expenditure made by Saturday during the first 30 months
of the lease and licensing term which may be properly considered
j � as a "capital investment" expenditure, as herein defined, may
be included by Saturday as a part of its agreed upon expenditure
'� of not less than $250, 000. 00 , for leasehold improvements, during
b the first 30 months of the lease and licensing term.
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V.
(1) During the term of the lease and licensing agreement
and after Saturday has had the opportunity to construct thereon
the leasehold improvements and facilities which are described
in subparagraph (2) of paragraph IV, Saturday may use the demised
and licensed premises as a site or place of business for the
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operation of each and every type of use described in subparagraph
(3) of paragraph IV. During the term of the lease and licensing
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agreement and with regard to the total area now known as Dania
j Beach, City of Dania agrees that the only other facilities at
said Dania Beach which may sell food and alcoholic beverages
shall be the restaurant presently known as Dania Beach Grill
jand the restaurant located in the structure commonly known as
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j� Dania Fishing Pier; however, notwithstanding anything to the
? contrary herein both said facilities shall be at all times material
herein subject to enlargement and expansions (but consistent
with the scope of present usages) as the City may approve from
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time to time. During the entire term of this lease and licensing
} agreement, and during any renewal terms, City of Dania agrees
1 that it shall not attempt to expand the hours , wbi.ch are at
the time of execution of this lease from 8 :00 a.m. to 6: 00 p.m. ,
when the parking control created by the parking meters at Dania
Beach are in effect. The City of Dania further agrees that such
parking charges shall be reasonable . At all times during the
term of this agreement and any renewals thereof, City of Dania
shall not construct toll gates , barriers or other types of devices
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restricting the free access to all areas at Dania Beach and
the only parking controls shall be accomplished through the
use of such parking meters . It is mutually agreed that one
of the inducements which has caused City of Dania to enter into
the within lease and licensing agreement is the commitment on
/Kthe part of Saturday to develop the leased and licensed prem-
ises ti in accordance with the scope and general uses set forth
in paragraph IV. Therefore, the rental provisions provided
by the within lease and licensing agreement are expressly de-
signed to encourage Saturday not only to make the largest- capital
investment economically feasible at the beginning of the lease
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and licensing agreement, but is also designed to encourage Saturday
to make additional and substantial capital investments throughout
the term of the lease and licensing agreement (up to its very
expiration date) and all renewals thereof. Because of the desire
of City of Dania to encourage Saturday to make maximum capital
expenditures throughout the full term of the agreement and regarding
the development of the leased and licensed premises , the amount
of the rents and revenues paid to City of Dania shall be a per- j
centage amount, related to gross sales or revenues derived by
Saturday and/or its sublessees , but with the percentage rate
being related to the amount of the capital investment, as herein
defined, made by Saturday during the term of the lease and licensing
agreement. i
(2) The term •"capital investment" is defined herein as
having the following meaning, to wit:
"capital investment", as defined herein shall
include funds incurred or expended by Saturday
or its sublessees for the project constructed
on the leased premises by Saturday including
architectural, design, engineering, direct labor,
construction ind demolition costs , attorneys
fees paid in connection with clearing title to
the subject property, cost of extension, of water
and sewer lines to property, permanently affixed
machinery and fixtures , directly related to
such prc-erty.
JFurther, "capital investments" shall include 'not only
beginning captial i—.estment amounts but shall also include
all future c-apital '-vestment amounts expended during the term
1. of the lease and licensing agreement or any renewals thereof:
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All amounts e::pende by Saturday subsequent to March 17 , 1978,
but prior to the acutal execution of this agreement may be
J included in the beginning determination of capital investment
if such expenditures were made for preliminary architectural
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and/or engineering fees of a nature related to the restaurant
enterprise.
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(3) The parties mutually recognize and agree that the
fiscal year of Saturday begins on December 1 of any given
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year and ends on November 30 of the following ,year. The
first months under this lease and licensing agreement for
all account purposes, shall be prorated or adjusted to December
1 of the first year that the agreement is in effect so that
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thereafter, and whenever reasonably. necessary in accordance
with sound and recognized accounting principals and throughout
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the term of the agreement, all accounting reports , statements
of a financial nature and fiscal data shall be related to
the fiscal year of Saturday (as stated aforesaid) , rather
a than to a calendar year.
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j (4) Within 90 days after the end of each fiscal year
of Saturday, Saturday shall furnish to City of Dania a certi-
fication by the accountants of Saturday showing the balance
in whatever account is maintained by Saturday to show the
amount of its capital investment, as defined herein, as of
the end of said fiscal year in the total restaurant enterprise
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which is the subject of this lease and licensing agreement. .
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(1) The term "gross receipts" as used in this lease
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and licensing agreement shall mean all of the following sums
(whether payable in cash, on credit or otherwise, and notwith-
standing that a collection of such sums may be made elsewhere
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than ,on the premises or by someone other than Saturday, or
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that rights to collection may be assigned , sold or transferred
to any other person or business) including, but not limited
to, the following :
(a) The selling price of 211 merchanci .se,
food or any other thing whatsoever, sold
on, from or through the leased and licensed
premises by Saturday or any sublessee,
licensee or concessionaire of Saturday,
I whether delivered or shipped from the leased
and licensed premises or any other place
upon orders taken in or transmitted through
the leased or licensed premises or obtained
by persons reporting to the leased and
licensed premises ; _JI
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(b) The charges made for all services rendered
on the leased and licensed premises by
Saturday or any sublessee, licensee or
concessionaire of Saturday on orders taken
in or transmitted through the leased and
licensed premises or obtained by persons
reporting to the leased and licensed prom-
ises ;
(c) The amount of money paid by customers ,
patrons or users in connection with any
use or occupancy of the leased and licensed
premises or any part thereof or any instal-
lment therein, including, but not limited
to, coin-operated devices and facilities
on the leased and licensed premises .
(d) The amount of money paid by customers ,
vatrons and users in connection with the
rental, leasing or other occupancy of the
leased and licensed premises or any part
thereof;
(e) Finance charges collected by Saturday
on credit sales ; and
(f) The selling price of all alcoholic
beverages .
[Credit Sales shall be deemed to be gross )
[sales made on the date when sale is made ')
[on service rendered, or items sold. Pro- ]
[vided , however, in the event that any ]
[sale made by Saturday, or any sublessee, ]
( licensee or concessionaire of Saturday )
[for which the renumeration paid to Sat- j
[urday by such sublessee, licensee or ]
.. [concessionaire of Saturday is by way of J
[commission or fee, then and in such event ]
[the amount of such sale shall be limited j
[to the amount of such commission or fee )
[otherwise paid to or collected by Saturday)
[or such sublessee, licensee or concession-)
(aire. )
(2) Tnere shall be excluded from gross receipts all
sales or use ta�:es which Saturday is required to collect
from its customers and remit to any governmental agency or
body.
(3) The following shall be excluded from gross receipts :
(a) The amount of any cash or credit refunds
or allowance to customers , to the extent:
such amounts are included in a previous
�C gross sales statement .
(b) The amount of any custOEnary, bona
fide discount allowed to an employee to
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the extent included in gross sales, pro-
vided that such deduction is claimed in
the same gross sales statement as the sale
to which such discount applies,
(c) Receipts from the sale of waste or
scrap materials resulting from Saturday's
operations on the leased and licensed prem-
ises.
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(d) ' Receipts from the sale or trade-in
value of any furniture, fixtures or equip-
ment used on the leased and licensed premises.
(e) The amount of an gratuities given by
patrons to employees of Saturday.
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(f) The cost or value of food and beverage
used for promotional purposes, and for which
no renumeration is given or collected.
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(g) The amount of any rent from sublessee
to Saturday if Saturday is paying to City
of Dania a percentage rental amount based
upon gross receipts of said sublessee.
(h) Credit card fees paid credit card companies.
' VII .
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(1) The rent to be paid to City of Dania by Saturday shall
be the dollar amount resulting from the applicable percentage
rate (to be determined irY the manner hereinafter stated) multi-
tplied against the gross receipts of Saturday (as defined in
paragraph Vl) , with the percentage rate being determined for
any fiscal year of Saturday by the amount' of the capital investment
1 of Saturday at the ':-_ginning of such fiscal year. That is, '
in order to induce Saturday to make as large a beginning capital
investment a:; may I)= reasonably sound and in order to induce
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Saturday to -lake further capital investments throughout the
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entire ter- of this lease and licensing agreement, and any
renewals thereof, the rent to be paid by Saturday shall be
a percentage of its gross receipts . However, the percentage
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shall be a variable percentage rate which decreases as the
famount of tl:•e capital investment increases (which is consistent
with the concept of encouraging maximuri capital investments) .
The following is a table which shows the percentage rate which
shall be determined for any fiscal year by relationship to
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the amount of the capital investment at the beginning of the
fiscal year:
Percentage Rate to be
Applied Against Gross
Revenue for Such Fiscal
Capital Investment as of Begin- Year, to Determine Rents
min of An Fiscal Year Due City of Dania for Year
Any amount not exceeding $350 , 000 . 00 67
Any amount not less than $350 , 000 . 01 57
and not exceeding $500,000 . 00
Any amount not less than $500 ,000. 01 47
and not exceeding $750,000. 00
Any amount not less than $750, 000. 01 37
and not exceeding $19000,000. 00
Any amount not less than $1 , 000 ,000 .01 2 57
and not exceeding $1 ,400 ,000 . 00
Any amount not less than $1 ,400, 000 .01 2.0%
and not exceeding $2,000, 000. 00
;\ 1. 5%
Any amount exceeding $2 ,000 , 000. 00
(2j During the term of this :Lease and licensing agreement,
and any renewals or extensions thereof, Saturday shall pay unto City
y fiscal year of its operations which
rental for an
of Dania a y
e rate (as determined in the
is equal to the proper precentag
m° ra h) multiplied against the gross revenues .
previous subparag p•
oration of the enterprise at
derived by Saturday =rom the op if the capital
Dania Beach during the fiscal year. For example,
investment at the beginning of a fiscal year (end of a previous
fiscal year) is $4C0 ,000 . 00 , the percentage factor for such
fiscal year shall --e 5% for the p
urpose of computing rents
such example, if the gross
due City of Dania. Continuing with
the rental
revenues during the fiscal year were $1 , 200 , 000. 00,
� paid to City of Dania during such fiscal year would e
tobe p
I
� e result. of multiplying the gross revenue
$60 , 000 . 00 (that is , th
?' factor related to capital
of $1 , 200 , 000 . 00 by the percentage
quarter annually,
im estment of 5%) • The rentals shall be payable
fquarter during the fiscal
3111 within 45 days after the end of each
year of Saturday.
14
I i ;
i �u�n.5
' w'Pr o�
v
o
As such qu', :fir annual rental payment is mad , Saturdaiall certify
to City of Dania the amount of gross revenues or, gross sales during
a particular quarter and, shall show with a simple statement the basic
computations showing the amount of rentals due City of Dania. During
the course of a fiscal year and as such quarter annual installments
are paid, the percentage factor shall be based on the capital investment
fI
at the beginning of the fiscal year.
(3) At any time during the term of this lease and licensing agree-
ment , City of Dania shall have the right to instruct its independent
auditors (provided that same constitute an independent accounting firm
employed by City of Dania to audit its own books and records) to meet
with the accounting representatives of Saturday to conduct
Jointly
jreasonable auditing procedures and auditing checks to verify the accuracy
of the rental determinations made by Saturday. Generally, such auditing
procedures which may be verified by City of Dania are those which
will enable City of Dania to verify the balance in the capital improve-
ments account , from year to year, and to verify the amounts of gross
revenues. Saturday shall record all of its gross sales, made in the
a
ordinary course of its business regarding the restaurant enterprise, on
i
cash registers which contain cumulative tapes and with a cumulative
capacity that is satisfactory to City of Dania. Such cash register
tapes shall be made available to auditors of City of Dania at all
reasonable tires whin:, such auditors may request to examine same.
(4) Commencing -anuary 1, 1983 the minimum rental which shall
be paid to the City of Dania shall be at the rate of $30,000 . 00 per
fiscal year or Saturcay. This is , if the formula to determine rents
(multiplying
o —venues by the proper percentage rate) does not pro-
duce a minirmi , rent due City of Dania of $30,000. 00 per fiscal year,
Saturday shall , nevertheless , pay a minimum rental of $30, 000.00 per
fiscal year to City of Dania to be prorated for any period less than
a full year. No rent shall be due and payable for any period prior
to January 1 , 1983 during an anticipated planning and construction
phase ; however, subsequent to that date Saturday shall pay y said
minimum rental rate of $30, 000. 00 per year even though Che leased
and licensed premises may produce no revenues to Saturday during
n�vV
�n .15 I
any continuing period of construction after January 1, 1983 .
1942
Beginning January 1, -198-2 said minimum annual. rental rate shall
A increase to $40,000. 00; beginning January 1 , 2002, said minimum
rental rate shall- increase to $50, 000. 00 .
VIII.
(1) It is the primary purpose of the provisions in
the within paragraph to encourage Saturday to make capital
expenditures or capital investments of a continuing nature
throughout the entire term of the lease and licensing agreement
j to furnish an incentive to Saturday to make such capital
improvements , capital expenditures or capital investments
up to the very end of the term of the lease and licensing
J� agreement, all for the various reasons set forth in other
provisions of this lease and licensing agreement.
(2) Saturday shall have no vested or absolute right
of renewal as to any further renewals of this basic or begin-
ning lease and licensing agreement and City of Dania shall
have the right to negotiate with third parties regarding
J
the possible renewal of the within lease and licensing agreement.
1 In the event that City of Dania does negotiate with a third
.. party to renew this lease and licensing agreement (during
the beginning tar= or after the expiration of the beginning
term or during any renewal thereof) , Saturday shall have the
right to offer to lease and license the property described
in this lease and licensing agreement under the exact terms
1 and conditions as proposed by any bona fide third party
i
offeror making a legally binding offer. However, in such
y event , if Saturday, as the lessee and licensee under this
beginning agreer,:ent (or any renewal thereof) offers to lease
and license for an additional term of years, and under the
same terms and conditions as proposed by any bona fide third
party offeror, and if City of Dania then elects to reject
r'I 16
the offer of- Saturday and lease and license the Property
. _ P Y
to the third party offeror, Saturday, as the lessee and
licensee under this beginning lease and licensing agreement-
(or any renewal thereof) shall be entitled to receive (in
cash) from City of Dania at the expiration of the lease
and license. term - - and provided that Saturday is not then
in default under any of the terms and conditions of the
lease and licensing agreement - - an amount equal to the
difference between the appraised value, (which is defined
as fair market value as determined by a member of a national
appraisal association) of all leasehold improvements made
during the entire term of the agreement (with the appraised
value to be determined at the end of the agreement) and
the accumulated depreciation taken by Saturday on such leasehold
improvements during the term of the agreement (and during
the term of any renewals if Saturday has renewed the original
agreement) . Specifically, without limitation on the foregoing
and merely as a statement of general intent, it is one of
the purposes of the within subparagraph to grant: unto Saturday
the right to recover the difference between the appraised
value of all leasehold improvements made by Saturday, (during
the entire term c_ this lease and licensing agreement and t :
any renewals thereof) , and the accumulated depreciation
taken by Saturday on such leasehold improvements during
the term of this lease and licensing agreement (and any renewal
thereof) all on the premise and general understanding that
Saturday negotiates in good faith with City of Dania to
renew the lease and licensing agreement for a renewal term
(having the same term of years as contained in any offer
from a third party offeror) and on the further premise that
City of Dania then elects to lease and license the property
in question for a term of years to a third party lessee
and licensee, notwithstanding the fact that Saturday has
offered to renew the lease and licensing agreement under
the same terms and conditions as are stated in the proposed
lease and licensing agreement between City of Dania and
the third party lessee and licensee. Further, if at the /f
17
1
expiration of this original lease and licensing agreement,
or any renewals thereof, City of Dania itself elects to
operate the enterprise originally the subject of the within
lease and licensing agreement, Saturday , as the original
lessee (under this beginning agreement or any renewals thereof)
shall have the right to recover the difference between the
appraised value of all leasehold improvements made by Saturday
and the accumulated depreciation taken by Saturday on such
leasehold improvements during the term of this agreement.
(3) The aforesaid provisions in the previous subparagraph
(2) , concerning the right of Saturday to recover the difference
j between the appraised value of all leasehold improvements
and the accumulated depreciation taken by Saturday thereon,
1 shall be referred to generally in the within subparagraph
as the "recapture rights" . Subject to the express terms
and conditions stated in the previous subparagraph (2) , Saturday
has the said defined recapture rights against City of Dania
s in the situation where Saturday (in general terms) is willing
to match the reasonable offer of any bona fide third party
i
offeror to lease and license the premises at Dania Beach
(upon the expiration of this agreement or any renewals
thereof) and where, notwithstanding the offer to match
i of Saturday, City of Dania elects to accept the proposal
a of the third party offeror. Further, similar recapture
rights exist if City of Dania elects to operate the restaurant
enterprise itsel=, or for its own account, after .the expiration
j of the within agreement, or any renewals thereof. Until
such time as City of Dania may possibly decide that it desires
to accept the proposal of a third party offeror (notwithstand-
ing the offer to match of Saturday) or during the interval
of time while City of Dania may possibly elect to operate
the restaurant enterprise itself, or for its own account,
all after the expiration of the within agreement, .Saturday
1
shall continue in possession as a tenant on a month to month
i
basis, with its recapture rights remaining in full force
and effect while it is a tenant on a month to month basis,
18 O�
J
9
and until such time as City of Dania makes a final decision
as to whether it wishes to accept the possible proposal
of a third party offeror or, alternatively until. City of
Dania decides whether. it might elect to operate the restaurant
enterprise itself. Specifically, and without limitation
on the foregoing, it is the general purpose and intent
to allow Saturday to remain in possession, as a tenant on
a month to month basis, until such time as City of Dania
elects what course of action is may wish to follow regarding
the restaurant enterprise (after the expiration of the within
agreement, or any renewals) and with the said recapture
rights to be fully effective until such time as City of
Dania does make some decision or determination in the matter.
IX.
Saturday shall pay all real property taxes and/or intangible
taxes attributable both to the land and the improvements
constructed thereon and all personal property taxes during
the term of this agreement or any renewals or extensions
w
thereof. Saturday shall receive a credit against the rents
as herein provided to be paid for all that portion of such
taxes that are raceived by the City of Dania.
.i X.
City of Dar_fa and Saturday agree that the most feasable
way of furnishi, water and sanitary sewer services to the
leased aae licensed premises may be determined to be through
connections to :ae lines of City of Hollywood. While Saturday
shall aiw__ys have the expense of paying for the cost of
any construction and extensions of any type of water and
sanitary sewer lines , City of Dania shall always cooperate
with Saturday in such construction and shall grant reasonable
easements over its remaining lands at Dania Beach (to accommodate
the location of any required water and sanitary sewer facilities)
regardless of whether water and sanitary sewer service is
obtained from City of Hollywood or by an extension of water
441 and sanitary sewer lines from the main part of Dania. If
(�{ � it -becomes necessary to enter into any type of agreement
with City of Hollywood regarding the furnishing of water
Y
AOIN
,
and sanitary sewer service to the leased and licensed premises ,
City of Dania shall always join in the execution of such agreements
(if required by City of Hollywood) subject to the limitation j
that Saturday shall always have the primary responsibility
of paying all charges and expenses incurred as a result of
any such agreement with City of Hollywood.
i
XI.
The leased and licensed premises , all improvements, both
a
exterior and interior, and equipment located thereon, shall
at all times be maintained in good, serviceable, neat, clean
and presentable condition, all at the expense of Saturday,
it being an express condition of this agreement that the
same be kept in an attractive manner at all times .
XII.
Saturday shall provide at its sole expense continuous
comprehensive liability insurance coverage with minimum
limits of ,1 , 000 , 000. 00 for personal injuries involving
one person, $3, 000 , 000 . 00 for personal injuries resulting
from any one accident and $100,000 . 00 for property damage. :
The insurance coverage required shall include those classifi-
cations as listed in standard liability insurance manuals,
which most nearly reflect the operations of Saturday tinder
this agreement- All insurance policies required above
shall be issued in companies authorized to do business
• under the laws o= the State of Florida , with the following
3
qualifications as to management and financial strength;
The Company must have a Policyholder ' s
Rating of no less than "A" and a Financial
Size Category of at least VI in the latest:
edition of Bests Insurance Guide , published
by Alfred ML Best Company, Inc . , 75 Fulton
Street , Few York, New York.
Saturday shall furnish certificates of insurance to City of
Dania prior to the occupancy of the leased and licensed premises,
which certificates shall clearly indicate that Saturday has
lAJ
20 �U
obtained insuranc e in the type, amount an.d classifications
as required for strict compliance with this lease and licensing
agreement. No material change or cancellation of the insurance
shall be effective without 30 days prior written notice
to City of Dania. Said policies of insurance shall specifically
declare City of Dania as an additional named insured. Renewal
� certificates or appropriate riders shall be furnished City
i
of Dania from time to time during the term of this agreement
j such as will demonstrate continuous coverage during the
term hereof.
XIII.
Saturday at its expense shall purchase and keep in
j full force and effect during the entire term of this agreement
or any extension thereof, fire and extended coverage insurance
on any improvements constructed on the leased and licensed
i premises as well as on all furniture, furnishings, fixtures
and equipment situate `thereon and including all. replacements
i
thereof in amoun=s equal to eighty percent (80%) of insurable
value. Said policies or certificates of insurance thereon
shall be furnis` ed City of Dania from time to time so as
to demonstrate continuous coverage during the term of this
agreement . Said _olicies shall be written for the benefit
of City of Dania and Saturday.
XIV.
In th event of destruction of or damage to any of
the leased and licensed property covered by insurance, the
funds payable in pursuance of said insurance policies shall
be deposited in a commercial bank located in Dania , Florida,
j selected by City of Dania, as a trust fund , and said funds
shall be used for the purpose of reconstruction or repair
as the case may be of any of the buildings , improvements
{ or personal property so damaged or destroyed; however,
j,
such reconstruction shall not be necessary if destruction
occurs within the last year of the term hereof (or any renewal
thereof) in which event said funds shall be used to remove
1 the remaining improvements so that lands will be left clear
and free of debris. All remaining funds shall be paid to f;
Saturday. '
is
a
XV.
i
No responsibility shall rest upon City of Dania by
reason of the condition of the premises nor the equipment
and structures to be located thereon nor shall City of Dania
be liable to Saturday or any of its patrons, customers,
agents, servants or employees by reason of the condition
of the premises or any improvements, equipment or personal
property situate thereon. Saturday shall indemnify and
hold harmless City of Dania against all liability and expenses,
a including all judgments , court costs, investitative expenses,
attorneys ` fees and other charges arising from injuries
to the persons or any of its patrons, customers , agents,
servants or employees on or near the leased and licensed
premises or arising from property damage during the term
of said agreement or in any manner arising from the negligence
of Saturday.
1
I
}
XVI.
Saturday Iaay assign this lease to The Carrousel Group,
i
Inc. , wit ,out rh__ consent of City of Dania. Otherwise,
{ Saturday shall not assign its interest in this agreement
without prior written consent of City of Dania. However,
i
City of Dania agrees that it will not unreasonably withhold
giving its consent if the assignment shall be for a use
compatible with the uses permitted hereunder. Further,
i Saturday may sublease portions of the leased and licensed
premises without obtaining the consent of City of Dania.
Y mah
Further, Saturday�. y grant incidental or miscellaneous
�lv concession rights to independent contractors without first
oil
obtaining the consent of City of Dania. At all. times, Saturday
shall have the right to assign all of its right , title and
.q..�._.._.. 22
l�
interest in and to the within agreement, as collateral , to any
type of institutional lender for the purpose of securing a loan,
i
or loans for construction purposes or working, capital. needs,
XVII.
Saturday in the use and enjoyment of said leased and
licensed premises shall comply with all governmental regulations,
statutes, ordinances , rules and directives of the federal,
r
state, county and municipal governments having jurisdiction
over the leased and licensed premises and the business being
conducted thereon.
XVIII.
Failure of Saturday to promptly make all payments of
rentals , charges and fees required to be paid herein shall
constitute a default, and City of Dania may at its option
terminate this lease and licensing agreement after 30 days
notice in writing, unless the default be cured within the
notice period. Failure of Saturday to comply with any other
covenants of this lease and licensing agreement shall consti-
tute a default, and City of Dania may at its option terminate
this lease and 1_censing agreement after 60 days notice in
writing, unless the default be cured within the notice period,
or in the event such default cannot be cured within such period
of time, unless S-aturday shall commence to cure same within
such period of t_re and thereafter prosecute the work incident
thereto ur.-_nterru_ted and with diligence to conclusion. Add-
itionally, the happening of any of the following events shall
constitute a de=anit by Saturday and should they occur, this
lease and licensing agreement shall automatically terminat �/
abandonment of premises or discontinuation of operation (other
than discontinuation of operations involving normal hours of
closing, seasonal closings or resulting from the necessity to
repair or rebuild) , filing by Saturday of bankruptcy proceedings-,
plan of arrangement , 'reorganization, composition agreement
j an or
9 Y other proceeding under the Bankruptcy Act or other
available statutes and Saturday not secure a discharge therefrom
O ! within 30 days.
23
I,
I
XIX.
City of Dania or any of its authorized agents or employees
shall have the right to enter upon the leased and licensed
premises during reasonable hours to inspect same for any reason
or in order to make inquiry with respect to or ascertain whether
Saturday is complying with the terms of .this agreement. In
exercising its right to inspect as provided for herein, City
i
of Dania agrees that such right of inspection shall be conducted
I
so as not to interfere with Saturday's occupancy of the leased
i
and licensed premises or any business being conducted by Saturday
thereon.
i
XX.
The rights of City of Dania hereunder shall be cumulative
and shall be in addition to rights as otherwise provided by
the statutes of the State of Florida. Failure on the part
W..
of City of Dania to ex--rcise promptly any rights afforded it 4
i by said la-,as shall not operate to forfeit such rights . In
the event Saturday should default hereunder and should said
default not be ramedied after notice and the lapsing of time
provided for in paragraph XVIII above ,City of Dania shall have
the right re accelerate and declare immediately due and payable,
all unpaic rents provided for herein.
XXI.
This ease and licensing agreement shall be binding upon
the parties hereto, their successors and assigns .
XXII.
Saturday shall surrender up and deliver the leased and
licensed premises to City of Dania upon termination of this
agreement. Provided it is not in default hereunder, Saturday
shall have 30 days following the end of the term of this
l
agreement, or any extension hereof, within which to remove
all of its personal property from the premises and in such
case Saturday agrees to . restore the premises to the condition
that prevailed immediately prior to the removal of such personal
F71 '
property as might otherwise be required by the terms of this
i
agreement .
XXIII.
It is understood and agreed between the parties hereto .
i
that time is of the essence of this agreement and this shall
apply to all terms and conditions contained herein.
XXIV.
111j All legal problems arising out of the execution of this
(j agreement and any action involving the enforcement of internreta-
tion of any rights hereunder shall be governed by the laws
of the State of Florida. In the event that it should become
necessary for either party to enforce its rights under the
terms of this agreement by resorting to court action, the
prevailing party shall have the right to reimbursement for
the costs and expenses , including reasonable attorneys fees,
from the party against whom such rights are asserted.
} XXV.
If, at any time during the term of this lease and licensing '
agreement the les_l title to the leased and licensed land
{ or the ivprcvemen=s located thereon or any portion thereof
be taken, appropriated, or condemned by reason of eminent
domain, t^a_e shall be such division of the proceeds of award
in such con-�emnation proceeding and such abatement of rent
f
and other zdjust-ents made as shall be just and equitable
under the circumstances . If City of Dania and Saturday are
unable to agree upon what division, annual abatement of rent
or other adjustments are just and equitable within 60 days
i
after such award shall have been made , then the matters in
i
dispute shall be by appropriate proceedings , submitted to
7
{ a court having jurisdiction of such matters and such controversy
for its decision and the determination of such matters in
dispute. If the legal title to the entire premises be wholly
I � i
taken by condemnation proceedings, this agreement shall be
25 �Yr�
.:i
automatically cancelled. In general, it is the intent of
this paragraph that upon condemnation the parties thereto
shall share in the award to the extent that their respective
r
interests are destroyed, damaged or depreciated by the exercise
of the right of eminent domain.
XXVI.
All notices required hereunder may be served personally,
or at the option of the giver may be served by registered
or certified mail , return receipt requested, and such notice
shall be effective from the date of receipt.
i
Such notice to Saturday shall
be :
Saturday Corporation
301 East Dania Beach Boulevard
Dania, Florida 33004
Such notice to City of
Dania shall be :
City of Dania
Dania City Hall
100 West Dania Beach Boulevard
Dania, Florida 33004
Any party may change its mailing address herein stipulated
j upon five days written notice to the other party.
XXVII.
i City cf Dana agrees to give and grant unto Saturday
all required easements over, under and across lands owned
by City c` Dania at are appropriately and reasonably needed
to provide
ut p 11it'_es for use on the ] eased and licensed premises i •
and for access . Such easements, if needed, will be granted
at no addtitior,al cost to Saturday.
XXVIII.
In the event of way, catastrophy, or national emergency
which requires a suspension or substantial restriction on
i the operation by Saturday of the restaurant facility, or
j any part thereof, the operation of the restaurant facility
shall be suspended under terms and conditions to be mutually
agreed upon between the parties and, during the period of
r�Ct,, such suspension, all rental
payments shall abate. However,
V)1
i
26
Q9�
i
1
notwithstanding such suspension of operations and abatement of
rental payments , the rights of Saturday under this Agreement shall
continue in full force and effect, as vested property rights, and
until such time as conditions return to normal so as to warrant
a resumption of operations . Further, at all times , Saturday
shall have the right to cancel or suspend (at is option) this agree-
went if it cannot secure water service, sanitary sewer service,
a
electrical service or other types of utility services or if it
cannot enjoy reasonable means of access to ,the leased and licensed
ipremises. In the event of a suspension for such reasons, all rental
payments shall abate.
XXIX.
1
Exhibit A to the within lease and licensing agreement is
hereby incorporated into and made a part hereof to show the
i
{
background, basis , premises , history, definitions, legal authorities
t
and beginning circumstances which form the basis of the within
lease and licensing agreement.
,. XXX.
i
This lease and licensing agreement has been approved by
Ordinance No. 256 adopted on second and final reading by the
City Commission of t:He City of Dania, Florida , on the 13th
j day of January, 198i..
i
IN WITNESS WHEREOF, CITY OF DANIA, a Florida municipal
3 corporation, has caused this lease and licensing agreement to
a
be executed _n its corporate name by James G. Adams, its Mayor-
Commissioner , and b;- Richard Marant, its City Manager, and has
further caused its corporate seal to be affixed, attested by
Wanda Mullikin, its undersigned City Clerk - Auditor, on this
{
`/ r *day of January, 1981.
IN WITNESS WHEREOF, SATURDAY CORPORATION, a Florida corpor-
ation, has caused this lease and licensing agreement to be
executed in its corporate name by Stephen F. Snyder, its
undersigned President , and Owen P. Bell , its undersigned
/ � 27
1
)� da 411 of January , 1981 .
Secretary, on this Y
j Signed, sealed and delivered CITY OF DANIA, a Florida Municipal
J in the presence of: Corpora ion
n �A/1/I Ap G_ ADAMS, Mayor-Co rssioner
By :� ICHARD MARANT City ManagerR ,
1 Attest:
ANDA M City Clerk-Auditor
1 •
ned, sealed and delivered
Si SATURDAY CORPORATION, a Florida
in—the presence of: Corporation
iIl
By:
� • , ��------` ST�:'7�•t�N5rNYZDZ_R, Preside-lit,`
Attes
OWEN-7. BELL, Secretary �T
STATE OF FLORIDA:
COUNTY OF BROl-?ARD : Ikgt)
The foregoing instrument was acknowledged before
day of January, 1981 , by James G. Adams,
Richard Marant, as City Manager, and Wanda Mullikin, as City Clerk-
Auditor ,of CITY OF DANIA, a Florida municipal corporation, on be 1 '
half of said corpor=tion.
NO'PARY PUBLIC r
i.
(NOTARY SEAL) My Commission Expires :
j WTARV p jKZ STATE OF FLORIDA AT LARGE i
STATE OF FL0-.'DA : My COMMISS10N FJIMRES MAR 1. 1984
} — pp p1}►P�I GENERAL INS.UNDERWRITERS
COUNTY OF BROi2ARD : I b4t)
thiswas
The foregoin1981StbymSTEPHEN F. SNYDERgePrbesidentmand OWEPI P.
day of January,
j BELL, Secretary, of SATURDAY CORPORATION , a Florida corporation,
on behalf of said corporation.
NO'CARY F'UBI.iC
(NOTARY SEAL) My Commission Expires :
NOIARYRMX STATE OFFLORIDAATLARGE
LV CO*W1SSVGa ZAPIRES MAR 1, 1964
CORDED THW OWEAAL M.UNDERWRITERS
28
I'
f
PASSED and ADOPTED on Second and Final Reading on the
13th day of January, 1981.
MAYOR - COMMISSIONER
ATTEST:
CITY CLERK - AUDITOR
APPROVED FOR FORM AND
CORRECTIVENESS :
By :� e 04
FRANK C. ADLER, CITY ATTORNEY
-2-
i
1