HomeMy WebLinkAboutR-1992-095 I
,.as,.. RESOLUTION NO. 95 - 92
A RESOLUTION OF THE CITY OF DANIA, FLORIDA
APPROVING ASSIGNMENT OF LEASE BETWEEN THE
ARAGON GROUP, INC. AND LOUIE DEMAS AND � .
SUBLEASE—ASSIGNMENT OF RIGHTS BETWEEN THE !
ARAGON GROUP, INC. AND BOUCHER BROTHERS POOL i I`
n.'>. BEACH MANAGEMENT, INC. , RELATING TO THE DANIA
BEACH GRILLE LEASE; AND PROVIDING FOR AN
EFFECTIVE DATE. "
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Assignment of Lease between the
Aragon Group, Inc. and Louie Demas and Sublease-Assignment of
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Rights Between the Aragon Group, Inc. and Boucher Brothers Pool i
Beach Management, Inc. , relating to the Dania Beach Grille Lease
a copy of which is attached hereto as Exhibit "A" , be and the same
is hereby approved, and the appropriate city officials are hereby
directed to execute same.
Section 2 . That this resolution shall be in force and take
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effect immediately upon its passage and adoption.
Passed and Adopted this 14thday of July 1992.
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MAYOR '-' COMMISSIONER
ATTEST: /
CITY CLERK — AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
FRANK C. ADLER, City Attorney
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95-92 ~�
Resolution No.
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ASSIGNXIENT OF LEASE
THIS AGREEMENT made this the day of , 1992,
by and between THE ARAGON GROUP, INC. , a corporation organized and ;
existing under the laws of the State of Florida (hereinafter
referred to as "Assignor") and LOUIE DEMAS, an individual of 2454
N. Lincoln Avenue, Chicago, Illinois 60614 (hereinafter referred to
as "Assignee") -
W I T N E S S E T H:
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10. 00)
and other valuable considerations in hand paid by LOUIE DEMAS to
THE ARAGON GROUP, INC. , the receipt of which is hereby
acknowledged,THE ARAGON GROUP, INC. does hereby assign, transfer
and set over unto LOUIE DEMAS, his successors and assigns all of
THE ARAGON GROUP, INC. Is right, title and interest as Lessee as set
out in and by virtue of:
1. That certain "LEASE AGREEMENT" by and between the City of
Dania, a municipal corporation organized and existing
under the laws of the State Qf Florida as Lessor and
ATLANTIC CONCESSION ASSOCIATES, INC. , a Florida ff
Corporation as Lessee, which Lease Agreement was approved
and granted by the City of Dania by Ordinance No. 197,
passed and adopted on second and final reading on
November 14 , 1978, which LEASE AGREEMENT was assigned to
j Carrousel Concessions, Inc. , a predecessor corporation to
THE ARAGON GROUP, INC. on May 15, 1981;
2 . That certain Security Deposit in the amount of Twenty
Five Hundred Dollars ($2 , 500. 00) together with all
accrued interest thereon as provided for in the aforesaid
i Lease Agreement and specifically set forth in Paragraph ! .
Twentieth thereof;
which Lease Agreement did lease, let and demise a certain parcel of
land located in Broward County, Florida, more particularly
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described as follows:
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A parcel of land 100 feet wide lying 30 feet west
of centerline of the reconstructed beach
drive and 285 feet north of the centerline of
Dania Beach Road and containing approximately
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10, 700 square feet more particularly described I
as follows, to-wit:
Commencing at the intersection of the center-
lines of North Ocean Drive and Dania Beach
Road, as established 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 distance
i of 666. 95 feet, thence run northeasterly along
the line which forms an angle of 81 degrees,
33 minutes and 35 seconds to the left with
a prolongation of the last described course
for a distance of loll 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 southerly 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
I 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;
together with all improvements thereon and all appurtenances
thereto.
TO HAVE AND TO HOLD the same unto the Assignee, its successors ( '
and assigns from 1992 for the rest of the term
mentioned in the said "Lease Agreement" , being a term of twenty j=
(20) years from the effective date of said Lease as in the Lease
! Agreement defined, subject to the rent, covenants, conditions and
provisos contained in the hereinabove described Lease.
j The Assignor does hereby represent and warrant with full ,
knowledge that such representations and warranties are fully relied
upon by the Assignee who has accepted the within assignment relying l
upon the representations and warranties contained herein to-wit:
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1 . That Assignor as Lessee has faithfully performed all of '
the terms and conditions of the said Lease Agreement.
2 . That the said Lease Agreement is in good standing and not
in default in any manner whatsoever.
3 . That it has full right, power and authority to make the
within assignment.
4 . That said Lease Agreement is not subject to any lien,
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encumbrance or prior claim of any person, corporation or
association, except the prior sublease/assignment of the
following Lease rights to Boucher Brothers Pool & Beach !
Management, Inc. : The right to operate a concession 1
r, offering services for the use of the general public in 1
their utilization of the beach facilities at Dania Beach,
Dania, Florida, including, but not limited to, the rental
of beach chairs, rafts, boats and beach cabanas, subject
to all of the terms and conditions contained in the
( Lease.
ASSUNHYFION OF LEASE AGREENIENT
Assignee in reliance upon the representations and warranties
contained herein does hereby accept the above and foregoing
Assignment of Lease together with all rights accruing to Lessee
under said Lease Agreement and does agree to pay the rent and to
faithfully perform all of the covenants, stipulations and
agreements contained therein and Assignee hereby further agrees to
be liable and obligated for the faithful performance thereof, the
same as if originally named in the said Lease Agreement as f
"Lessee" .
IN WITNESS WHEREOF, Assignor has caused this instrument to be � fy
executed by its duly authorized officers and its seal affixed
hereto and the Assignee has executed the day and year- first above k'
written.
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Signed, scaled and delivered THE ARAGON GROUP, INC.
in the presence of:
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By:
its f5
LOUIE DEMAS, an individual
Louie Demas '
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STATE OF FLORIDA )
COUNTY OF BROWARD ) ss
The foregoing instrument was acknowledged before me this
day of 1992 by of
THE ARAGON GROUP, INC. , a Florida corporation on behalf of the
corporation.
Notary Public, State of v
Florida at Large
My Commission Expires: ( ;•
STATE OF FLORIDA )
ss
COUNTY OF BROWARD )
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The foregoing instrument was acknowledged before me this
day of 1992 by LOUIE DEMAS, an individual.
Notary Public, State of f` .•
j Florida at Large
My Commission Expires:
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SWORN to before me this
day of , 199
Notary Public, State of Florida
at Large
My Commission Expires:
CONSENT TO ASSIGNMENT
In consideration of the request for consent to the assignment
of "LEASE AGREEMENT" as hereinabove described and set forth in the .:
within Assignment of Lease and of the conditions, covenants and
agreements contained in the aforesaid Assignment of Lease and of
the Assumption Agreement of the above named Assignee, the City of
Dania hereby consents to the foregoing Assignment of Lease subject, s;
however, to all of the terms, conditions and agreements in the
aforesaid Lease Agreement contained.
IN WITNESS WHEREOF, the City of Dania acting by its Board of r,
Commissioners has caused these presents to be executed on this the
day of 1992 .
ATTEST: CITY OF DANIA P r
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By: By:
City Manager
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SUBLEASE -ASSIGNMENT OF RIGITTS
i THIS AGREEMENT made this the day of 1992,
by and between THE ARAGON GROUP, INC. , a corporation organized and
existing under the laws of the State of Florida (hereinafter
referred to as "Assignor") and BOUCHER BROTHERS POOL & BEACH
MANAGEMENT, INC. , a corporation organized and existing under the
laws of the State of Florida, (hereinafter referred to as "Sublesse-
Assignee") . � .
W I T N E S S E T H:
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10. 00) a!
and other valuable considerations in hand paid by to THE ARAGON
GROUP, INC. , the receipt of which is hereby acknowledged,THE ARAGON
GROUP, INC. does hereby assign, transfer and set over unto BOUCHER
BROTHERS POOL & BEACH MANAGEMENT, INC. , its successors and assigns
certain rights, set forth below, of THE ARAGON GROUP, INC. as
Lessee as set out in and by virtue of:
That certain "LEASE AGREEMENT" by and between the City of
Dania, a municipal corporation organized and existing
under the laws of the State of Florida as Lessor and
ATLANTIC CONCESSION ASSOCIATES, INC. , a Florida
Corporation as Lessee, which Lease Agreement was approved
and granted by the City of Dania by Ordinance No. 197,
passed and adopted on second and final reading on
November 14 , 1978, which LEASE AGREEMENT was assigned to
Carrousel Concessions, Inc. , a predecessor corporation to
THE ARAGON GROUP, INC. on May 15, 1981;
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which Lease Agreement did lease, let and demise a certain parcel of
land located in Broward County, Florida, more particularly `
described as follows:
A parcel of land 100 feet wide lying 30 feet west
of centerline of the reconstructed beach
drive and 285 feet north of the centerline of
Dania Beach Road and containing approximately
10, 700 square feet more particularly described
as follows, to-wit:
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Commencing at the intersection of the center- tt+
lines of North Ocean Drive and Dania Beach f
Road, as established 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 distance
of 666. 95 feet, thence run northeasterly along
the line which forms an angle of 81 degrees,
33 minutes and 35 seconds to the left with
a prolongation of the last described course
for a distance of loll feet to a point, j
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 southerly 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,
-r to the point of beginning;
together with all improvements thereon and all appurtenances
thereto.
RIGHTS ASSIGNED: The right to operate a concession offering
services for the use of the general public in their utilization of
the beach facilities at Dania Beach, Dania, Florida, including, but
not limited to, the rental of beach chairs, rafts, boats and beach
cabanas, subject to all of the terms and conditions contained in
the Lease.
TO HAVE AND TO HOLD the same unto the Sublesse-
111 successors and assigns from Assignee, its
of the term mentioned in the s "Lrest
aid ease Agreement, being forha term
of twenty (20) years from the effective date of said Lease as in
the Lease Agreement defined, subject to the rent, covenants,
conditions and provisos contained in the hereinabove described
Lease. In the event of non-compliace by Sublesse-Assignee of the
rents, covenants, conditions or other provisons of the Lease, the
rights granted herin revert to THE ARAGON GROUP, INC.
The Assignor does hereby represent and warrant with full
knowledge that such representations and warranties are fully relied
upon by the Assignee who has accepted the within assignment relying
upon the representations and warranties contained herein to-wit:
1 . That Assignor as Lessee has faithfully performed all of ~the terms and conditions of the said Lease Agreement. .•
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2 . That the said Lease Agreement is in good standing and not
in default in any manner whatsoever.
3 . That it has full right, power and authority to make the
within sublease-assignment.
4 . That said Lease Agreement is not subject to any lien,
encumbrance or prior claim of any person, corporation or
association.
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IN WITNESS WHEREOF, Assignor has caused this instrument to be
executed by its duly authorized officers and its seal affixed
hereto and the Sublesse-Assignee" has executed this instrument the
day and year first above written.
Signed, sealed and delivered THE ARAGON GROUP, INC.
in the presence of:
By:
its
BOUCHER BROTHERS POOL & BEACH
MANAGEMENT, INC.
By: I
its President
STATE OF FLORIDA )
ss
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this
day of , 1992 by of THE
ARAGON GROUP, INC. , a Florida corporation on behalf of the
corporation.
Notary Public, State of
Florida at Large
My Commission Expires:
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STATE OF FLORIDA )
ss
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this f
day of 1992 by James R. Boucher, President of BOUCHER
BROTHERS POOL & BEACH MANAGEMENT, INC. , a Florida Corporation on
behalf of the Corporation.
Notary Public, State of
Florida at Large
My Commission Expires: i
A.
SWORN to before me this
day of , 1992 . {
Notary Public, State of Florida
j at Large
My Commission Expires:
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CONSENI' 'I'O ASSIGNIIENI'
In consideration of the request for consent to the sublease-
assignment under the "LEASE AGREEMENT" as hereinabove described and
set forth in the within Sublease-Assignment of Rights under the
Lease and of the conditions, covenants and agreements contained in
the aforesaid Sublease-Assignment of Rights under the Lease , the
City of Dania hereby consents to the foregoing Sublease-Assignment
of Rights under the Lease subject, however, to all of the terms,
conditions and agreements in the aforesaid Lease Agreement
contained.
IN WITNESS WHEREOF, the City of Dania acting by its Board of
Commissioners has caused these presents to be executed on this the
day of 1992 .
ATTEST: CITY OF DANIA
By: By; is
City Manager �.
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