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HomeMy WebLinkAboutR-1992-022 r I 1 RESOLUTION NO. A RESOLUTION OF THE CITY OF DANIA, FLORIDA, j t DECLARING AND ENACTING A MORATORIUM FOR A 1 PERIOD OF SIXTY ( 60 ) DAYS FROM THE EFFECTIVE DATE OF THIS RESOLUTION IN ORDER TO ALLOW SUFFICIENT TIME FOR THE ENACTMENT OF A CITY ORDINANCE REGULATING PAWNBROKERS WITHIN THE CORPORATE LIMITS OF THE CITY OF DANIA, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. i BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, is FLORIDA: Section 1 . That a moratorium is hereby declared and enacted for a period of sixty ( 60) days from the effective date of this resolution on the approval of application for pawnbroker' s occupational licenses in order to allow sufficient time for the enactment of a city ordinance regulating pawnbrokers within the �.. corporate limits of the City of Dania. Section 2. That a copy of this resolution be furnished to such parties as may be designated by the city manager. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 11th day of February 1992. MAYOR-- CORMISS41ONER _4T,TM: CITY CLFBX�- AUDITOR DEPUTY APPROVED AS TO FORM AND CORRECTNESS City Attorney Resolution No. 22- 92 r �f x - _:xn: �{.Mli. i I .,^� ', �.` �-," it `1 i is :::. ssy T Ir�t°7 r�$�'r - _ y;.' � � � . ai �� � .. � ;� � �. ". i - r' i `�f...J '�1S'h�. .. I � 1 y f f _.tea. _..___._..�_.�,........�..,-:.......,.,� ._,..�... . _,_.•_�—. ___._.._.._� -:-.-..... ..-- - -..-� ' - ._�_.,— -- y � .. i RESOLUTION NO. 22-92.1 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE LEASE AGREEMENT BETWEEN CITY OF DANIA AND BUNGY JUMP, INC. ; AUTHORIZING THE 1 ! APPROPRIATE CITY OFFICIALS TO EXECUTE SAID I LEASE AGREEMENT; AND PROVIDING FOR AN I EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, VT♦ OTn- iJI Section 1 . That the certain Lease Agreement between City of I Dania and Bungy Jump, Inc. , a copy of which is attached hereto and 111 made a part hereof as Exhibit "A" , be and the same is hereby approved and the appropriate city officials are directed to t execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 11th day of February 1992. MAYOR - MM S NER ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: C FRANK C. ADLER, City Attorney Resolution No. 22-92.1 I THIS LEASE, entered into this _ day of.144enrsry, 1992 by and between CITY OF DANIA. hereinafter referred to as "Landlord% and DUNGY JUMP. INC., a Florida corporation, of the County of (iruivard. State of Florida, hereinafter referred to as i I ls'ITNESSETIL SECTION 1.01 Leased Premises: In consideration of the rents, coscnants and agreements hereafter reserved and contained, the Landlord derniscs and leases to the Tenant, and Tcnani rents from Landlord, that portion of city property adjacent to Sea fair Parking described as follows: From a point beginning at the seawall at the western portion J of the demised prcmiscs running East 75 feet along the boundary line of the city parking property and the Sea Fair parking, then running North for 125 feet from that point then west for it distance of 75 feet and then running along the j seawall for a distance of 12S feet to the point of beginning. The boundaries and location of the leased premises, are outlined on the site plan, labeled as Exhibit "A" sshich is attached hereto and made a part hereof. - I SECTION 1.02 Lcnglh of 'Perm: The term of this Lease shall be three (3) months following the commencement of ; the term as provided in 1.03 hereof. ' I I , SECI'ION 1.03 Cumnienceutent of Rent and term: f Lease term shall commence upon receipt by Tenant of an Occupational License j' and all approvals from State. County, and Local Oov'ernrrlcnt and/or regulatory agencies authorizing him to utilize the demised premises for the purposes of "Dungy Juniuing". Tenant shall pay to Landlord as and for rent for the three (3) month period j_ the sum of Five Thousand Dollars (S5,000.00) payable upon commencement of the Lcasc term EXHIBIT "AI, L Yam` 4 R y. ti ;1 � 9 SECTION 1.04 Liability Insutance: Tenant shall, during the entire term hereof, keep in full force and effect, bodily injury and property damage comprehensive habilio. insurance with respect to t the leased premises for the combined coverage of not less than five million dollars (5,000,00000). This policy shall nano the Landlurd and person, firms, or corporations - designmcd by the Landlord and I-enani as insureds and shall contain a clause that the insurance company shall not cancel or change the insurance without first giving the Landlord ten ( 10) Jays prior written nuticc un or before the beginning of each leased month. The insurance company shall be an insurance company that is licensed and ?, approved in the State of Florida. and avoro%cd by the Landlord. A copy of the policy or certificate of insurance shall be delivered to the Landlord on or before the r' beginning of the commencement of this Lease. Final approval of insurance coverage and documentation shall be approved in %%riling by the City Attorney of Dania. SECTION 1.05 Use of I'Milise% in Compliance %till, the Guternmental Regulations: Tenant shall utilize the premises to operate a t)ungs lump site wherein it will he permitted for 'tenant to utilize a telescopic crane with a height not to exceed 200 feet. Tenant shall also be allowed to sell in conjunction with the flungy Jumping operation T-Shirts and video tapes of customers jumps. In order to facilitate the operation of the [lung} Jump site, fenant shall be entitled to erect a temporary ticket booth and/or tent on the leased premises. 'fenant shall. at 'Tenant's sole cost and i expense, comply %%ith all County. Municipal. State, Federal and other laws, ordinances. I and any other applicable rcQuircmenis of all go%crn inc ntaI authorities, now in force, or which may hereinafter be in force, pertaining the leased I B to premises and shall o faithfully observe in the use and occupancy of the leased premises, all Dlunicipal and I County ordinances and Stale and Federal Statutes now in force or which may hereinafter be in force lioucscr, the CITI OF DAMA represents that the use of the - premises as represented in this Leuse is not -ontrary to or in violation of any - applicable City ordinance, zoning of building code in full force or effect M PION 1.06 Assignment of Lease: Tenant may assign this Lcase only upon prior written consent of the Landlord. The consent by the Landlord to any assignment or subletting shall not be unreasonably withheld SECTION 1.07 Intent of the Parties: Recognizing that Bungy Jumping is a recent innovation that has been provisionally approved in the City of Dania, the City of Dania is granting this Lease to Tenant on a provisional short term basis as set forth in this Lease. tenant shall use his good faith efforts to operate said ©ungy Jump sites with the least amount of r- disturbance to surrounding areas and persons. SECTION 1.08 Remediecof Landlord: In the event of any default or breach by Tenant. the Landlord shall have all I rights available to it pursuant to applicable Florida lase. SECTION 1.09 Rights of Tenant: Tenant shall have any and all rights and remedies to it pursuant to applicable Florida law, i. SECTION 1.10 Legal Expenses: f In the event that it snail become necessary for either party to employ the C services of an attorney to enforce any of it's rights under the Lease or to collect an sums due under the Lease or to remedy the breach of any covenant of the Lease, than F .... said parry who prevails shall be entitled to reasonable attorneys fees. i , f .. _ _ ........ ..... _: ...'..L 9 r i I -' SEC I ION 1.11 Landlord's Coreneut of Quiet Eujosmeul: ' Upon payment by Tenant of the rents herein pros ided and upon the observance and performance of all cuvcnanis, terms and conditions on Tenant's part to be ob;crved and performed. 'tenant shall peaceably and quietly hold and enjoy the leased premises for the term hereby demised without hindrance or interruption by Landlord by any other person or persons lawfully or equitably claiming by, through. or under the Landlord, subject ncvcrlhcicss to the folio%%ing provisions: I. That tenant shall provide security for the leased premises. 2. 'That tenant shall be responsible for all damage done to leased area and shall -' post a security deposit in an amount as determined by the city manager. F,n 3 fhat no loud speakers shall be installed. 4. That the hours of operation shall be from 8:00 a.m. to 8:00 p.m. 5 'tenant shall not interfere with the peaceful enjoynsent of the remainder of ' the City of Uania Heach area. 1 6. Tenant shall pay the city for customers that park to the Sea Fair employee parking lot. 7. Tenant shall on a weekly basis from commencement of this Lease, obtain from a qualified mechanical engineer, an engineering report of the operation, equipment, installation and rigging and furnish a copy of said report each week to the City of Dania i SECTION 1.12 Entire Agreement: 'this Lease constitutes the entire agreement between the parties and supersedes and revokes all previous negotiations, arrangements. letters of intent, offers to Lease, and Lcasc proposals. 4. 9 a 1 'N ti fir,.' SECTION 1.13 Notices: I All notices shall be in writing. Notice from Tenant to Landlord or by Landlord to Tenant must be served by certified mail or registered mail with return receipt and postage prepaid addressed to Landlord at the address first hereinabove given and to Tenant at the address first hcreinabo%e Ewen or such other addresses as Landlord or C; is Tcnant may designate by written notice. a SECTION 1.14 Partial lnsalidily: If any teen, covenant or condition of this Lcase or the application thereof to I any person or circumstances shall, to any extent, be invalid or unenforceable, the f remainder of this Leese, or the application of such rcrm, covenant or condition to persons or circumstances other than those as to which it is held valid or unenforceable, shall not be effected thereby and each tern, covenant or condition of this Lease shall { be valid and enforced to the fullest extent permitted by law. ll 1- I j: f� r• L ■ 1 t F IN \s",l SS \\ IIPRFOF, the p3rues i:ctcty r.a.t h;reunrr, i-utal this instrumcnt for the purpose herein cxpresicd on this day of t17i%;Z['ft 199= b:, the Tenant and this 3 n" day of 19 /1 (17 199_ by the Landlord. DUNG 1t;nfr. INC . B%'. \\ A l `h A !\IASCOLO, President CITY OF DANIA. FLORIDA By. ROBERT MIKES } %byar • Commissioner I By: ROBERT FLATLEY r City Managcr k Attest: WANDA MULLIK.IN - Ctiv Clcrk Approscd as to form and correctness FRANK C. ADLER j City Attorney f. I L . T 0 - d So a .7 T 3fa1 ZE. — £ W If I- L ' `� S � �_ � ,�.�r _ Ir+ y..n sd;.i .FS`l' F l � .. .. � . ,. �.� 'Y '".r��`' � ... W N .���� .� PI X J _ N 1 ar w �, p �, � �„yu i f Si � - - C fJ if 1 _ _ �.�... _.,, 'i: i I i ' � � . .. ".� !!I �� . i " �� I .�' _ .. ' � f�•� r ..� ;� .� _� ,�! � -�t� :�.' �:,. A (. I Y tY 1. �1�_� 1 rf ... t ' ,,. _..n„�."V,-a_�ec-cq...;i�tl'Ra'�;ssect*wp�.+:..�..-.m�v�-�-�...�._..--v.T-� ._.. F .: .. . w.,�'•,: ��.. - .. J ,ems.. ._ .....___. ... . ..: : ........ . _.. ._..._. _ _. .. _.. ..... ._ ..: ..:.. . . .:.:_-.J ,__ ._ � _ �i•A pp F RESOLUTION NO. 22-92 .2 A RESOLUTION OF THE CITY OF DANIA FLORIDA, APPOINTING A MEMBER TO THE CODE ENFORCEMENT BOARD TO SERVE j UNTIL HIS SUCCESSOR IS DULY ` APPOINTED; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO EXTENT OF SUCH CONFLICT; AND PRO- , VIDIING FOR AN EFFECTIVE DATE. 1 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, 4 FLORIDA: !I SECTION 1 . That the following named person is hereby appointed to the Code Enforcement Board to serve until his successor is duly appointed: l tt. ROBERT ZELLER SECTION 2 . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 3 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 11th day of February, 1992. MAYOR - COMMISSIONER ATTES CITY CLERK - AUDITOR APPROVED FOR FORM AND CORRECTNESS: / BY: C. ✓ FRANK C. ADLER, CITY ATTORNEY ' CITY OF DANIA, FLORIDA y RESOLUTION NO. 22-92 .2 y. I _. _: , I v .. .�.�1" I I ifJ1I 1 \.`• i . '' 1 I I �1 "� . ' ��1 ,,�, - n �_ _ _ - .� - � � � .. i i i :,.� �, �,f i '. .. i i f 1�' iY. ' .�. .� '. r �. . _ 1 RESOLUTION NO. 22-92 . 3 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING MEMBERS TO THE f UNSAFE STRUCTURES BOARD TO SERVE UNTIL THEIR SUCCESSORS ARE DULY APPOINTED; AND PROVIDING THAT ALL i RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 4 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, i FLORIDA: Section 1 . THAT the following named persons are hereby i appointed to the Unsafe Structures Board for a three year term expiring February 10th, 1995 or until their successors are duly appointed: HARRY HIPLER FRANK HILL SAM JOLLEY Section 2 . THAT all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the � '.. i , extent of such conflict. 1 Section 3. THAT this resolution shall be in force and take j.. I effect immediately upon its passage and adoption. f ' PASSED and ADOPTED this llth day of February, 1992 . MAYOR - COMMISSIONER ATTEST: ITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS BY A %� C. L J� FRANK C. ADLER, CITY ATTORNEY Resolution No. 22-92 . 3 i -- . . e _. _ _. r_-.� ... . ., � .. ........__ ..__ _.._._. . ;.. .t�! i ' e. - \ i . . .. '.— __ i ., J ` ,�.'' _ . _q .`_t _ , .. � : ,,. 1 � . � � ; � t t i ° . . ,_ :- �:; .. ;, r :�a �. �; �� i', t __ ,._ _ __ .. .. _ .. _ ._ . . _ S