HomeMy WebLinkAboutR-1992-045 r -
RESOLUTION NO. 45- 92
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, i
APPROVING THAT CERTAIN LEASE AGREEMENT BETWEEN
THE CITY OF DANIA AND SARANTIS BOUTSIKAS,
RELATING TO FISHING PIER RESTAURANT; AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE SAID LEASE AGREEMENT; AND PROVIDING "
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That the certain Lease Agreement between the City
of Dania and Sarantis Boutsikas, relating to fishing pier
restaurant, a copy of which is attached hereto and made apart
hereof as Exhibit "A" , be and the same is hereby approved and the
appropriate city officials are directed to execute same.
Section 2. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 17th day of March 1992 .
ATTEST:
MAYOR - C' ISSIONER
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CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
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FRANK C. ADLER, City Attorney k
45-92
Resolution No.
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AGREEMENT
THIS AGREEMENT is entered into this day of
1992 , by and between the CITY OF DANIA
hereinafter referred to as "Cit
y" ) ,y" ) , and Sarantis Boutsikas
(hereinafter referred to as "Lessee" ) .
WHEREAS, based upon the commitments of the Lessee, the City
has determined that it is in the best interest of the City of
Dania to enter into a Lease Agreement; now, therefore:
IN CONSIDERATION of the covenants and agreements herein
contained and of the payment of monies as hereinafter set forth, L .
the parties hereto mutually agree as follows :
f 1 . EFFECTIVE DATE: This lease shall exist between the City
and Lessee, its successors and assigns, and its terms and
1 conditions shall become effective after Lessee has obtained all
governmental authorizations and permits of any kind or nature
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necessary to operate a restaurant enterprise, except that all
authorizations and permits shall be obtained no later than
April 1, 1992.
2 . REAL PROPERTY: The City hereby lets to the Lessee and
the Lessee hereby hires and lets from the City the following *"
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described real property:
The restaurant portion, restrooms and storage facilities of
the City of Dania Fishing Pier located at 300 North Beach
Road, Dania Beach as shown on attached Exhibit "A" , together
with all equipment on said premises as described in Exhibit
EXHIBIT "Alf
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3. STRUCTURES: In addition to the real property as
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described in paragraph 2 , the City agrees to let and Lessee agrees F;
to hire and let, the structures located on the real property
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i described in paragraph 2 of the agreement including all of the
pipes, sinks and plumbing fixtures which are appurtenant to the s
Leased facility as well as all exterior lighting and the
connections to the exterior lighting.
4 . TERM: The term of this agreement shall commence upon
date of approval of this agreement by the city commission. The
term shall continue on a month to month basis, plus any option
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renewal periods exercised unless terminated sooner as provided E
herein, until such time that the restaurant and or pier undergoes
i construction to the point rendering the restaurant unusable to the
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I City.
5. HOURS OF OPERATION: Lessee shall keep the restaurant
open for business a minimum of eight ( a ) hours per day and seven
days per week. 4
6. SECURITY DEPOSIT: Lessee shall deposit one thousand
dollars (S1 , 000.00) with the City to guarantee performance under
the terms of this agreement. Failure by Lessee to fully perform
the covenants of this agreement shall forfeit said amount to the
City as liquidated damages . Said deposit shall be refunded at
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termination of lease if performance has been acceptable to the
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City.
7 . CONSTRUCTION BY THE LESSEE: Plans and specifications
shall be submitted to the Growth Management Department of the City
of Dania, whereupon the plans and specifications shall be
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1 considered by the growth management department of the city which
department shall make a recommendation to the City commission
i regarding the proposed construction. Upon approval by the city
°! commission, the plans and specifications shall be processed in
accordance with the established City procedures for the issuance {
of building permits. Any approval of such construction by the '
City shall be upon such terms and conditions as the City may deem
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appropriate. All construction shall be subject to the approval of
the City as to design, use and type of construction and must meet
t all of the requirements of the applicable building code. The City 4 "t= •u 4
may in the future authorize construction by the Lessee such ,^r:
additional structures and facilities upon the leased premises as
the City may, in its sole discretion, deem to be in the public
interest. In the event any construction not specifically
authorized herein, is done by the Lessee without the approval of
i the City the City may require the Lessee, at the City,s option, to
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remove the same or cause the same to be changed to conform with
the original design and type of construction. In the event the
Lessee fails to commence removal or change within forty-five (45)
days from written notice by the City, the City may effect removal I
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or change and the cost thereof shall be borne by and be the
responsiblity of the Lessee.
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Prior to undertaking any construction, Lessee shall provide
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the City with a performance bond equal to the estimated
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construction costs of the improvements so as to adequately satisfy
the City that all improvements be completed and fully paid for `
' free of liens.
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The Lessee agrees to hold the City harmless from any claim of
lien by any contractor, sub-contrator, material provider or other
person or firm or corporation whatever and the Lessee further
agrees to hold the City harmless and to reimburse the City for all
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costs including costs of defense, attorneys fees and other
expenses in connection with any claim of whatsoever kind, whenever
the same may be presented, arising out of any construction
whatever in connection with this lease agreement. All of the
improvements of this agreement and any other buildings or
structures constructed by the Lessee or his agents or assigns on
the real property described .in paragraph 2 and all alterations,
improvements, changes or additions made in or to the leased
premises shall be the property of City and Lessee shall have only
a leasehold interest therein, subject to the terms of this lease.
B. RENT: Lessee covenants and agrees to pay to City without
1 notice or demand, at the City' s notice address specified in
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paragraph 26 as monthly rent for the premises as follows:
MONTHLY. . . . . . . . . . . . . . . . . . . . . $1, 100.00
March, 1992 rent shall be prorated at 1/31 of bid amount per
day and shall be calculated from the next day after approval
of this agreement by the city commission.
If the Lessee neglects to make any payment to the City within
thirty ( 30) days after the day on which the payment is due and
owing, the Lessee shall pay to the City for such privilege an ..
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additional charge of twenty-five dollars ($25.00 ) per day for each ('
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day' s delay in payment, retroactive to and beginning with the I .
first day of the month. Notwithstanding any other terms and f'• '
conditions, the City shall comply with all legal notices and
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proceedings in accordance with Florida Statutes. Further on the
first day of the month following the month in which the
delinquency occurred, the rental due for that month as well as the
minimum rental for the next succeeding month will be due and
payable.
In the case of "a percentage of gross rental", being
proposed, the proposer must provide the City with an accurate
monthly accounting of all receipts and all sales must be recorded
at point of sale in a cash register receipting system suitable to j
the City.
The City' s right to assess the penalties for payment made
later than the day upon which such payment is due, shall be in
addition to its right to terminate the lease in the event a rental
I payment is due and owing for more than thirty ( 30) days.
�I The prompt payment of the rent for the leased premises
! described in paragraph 2 of this lease upon the time specified is
a primary condition upon which this lease is made and accepted and
any failure on the part of the Lessee to comply with that
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conditions shall, at the option of the City, work a forfeiture of
this contract. The City shall comply with all legal notices and
proceedings in accordance with Florida Statutes.
9 . DESTRUCTION OR DAMAGE: In the event of destruction or
damage to any portion of the leased premises due to hurricane or ; .
storm, fire, elements, the public enemy, riot, or other casualty,
the City shall remove all debris resulting from such damage from
the leased premises. If the destruction or damage is caused by
negligence of the Lessee, fire from electrical lines or appliances
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j under the jurisdiction of the Lessee, acts by Lessee' s employees,
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subtenants or patrons of the restaurant, then the Lessee shall
remove all debris and make all necessary repairs promptly to bring
the structure up to the specifications comtemplated by this lease.
The Lessee shall next decide whether all or a portion of the
leased premises is still functional and if the City concurs that
all or a portion of the restaurant is still functional and poses
no threat to the safety of the public, then the rental payment
owing to the City shall be decreased by the same percentage that
Lessee' s net revenues will be reduced as a result of loss of
revenue from the destroyed or damaged portion of the restaurant.
If the reduction in net revenue due to damage to the leased .
premises is greater than fifty percent ( 50% ) in the months after
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the damage to the leased premises occurs, the Lessee shall have
the option to cancel this lease. In the event of total
idestruction of the leased premises , the City shall be under no
obligation to rebuild it and said rent to be reduced accordingly.
If in fact Lessee determines and wishes to continue operation of
the leased premises, the monthly rental shall be reduced in
accordance with the formula set forth herein. (4
In the event of any controversy arising as to the proper
adjustment for rental payment as herein provided, the Lessee shall `.
continue paying under the last preceding rental adjustment as i
herein provided, until such time as said controversy has been
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settled.
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10. CARE MAINTENANCE AND REPAIR: The Lessee shall, r"�>
throughout the term of this lease, assume the entire
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responsibility and shall relieve the City from all responsibility
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for all repair and maintenance and costs whatsoever on the
structure described in Exhibit "A", except for the exceptions
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1 listed as follows, said responsibility for the care, maintenance
and repair by Lessee shall not commence until the time period as
set forth in paragraph ( 1 ) herein of this agreement in accordance
with the commencement of the payment of rent.
A. The City shall provide maintenance and upkeep to
provide that the structural stability of the leased premises
including the walkway west of the restaurant, the wooden
deckings, existing pilings and foundations south of the
tackle shop, sewage and drain lines and fresh water supply
lines and railings of the leased premises are maintained to a
safe degree. Wooden decking not included in this definition
is the flooring within the restaurant, patios and entry to
the leased premises . This latter group shall be maintained
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by the Lessee at the Lessee's cost.
1 B. The City shall be responsible for maintenance and
repair of the electrical power service lines which connect to
all City required lighting fixtures on the walkways as well II�
cas the navigational lights and the City shall keep such
lighting in good working order.
C. The Lessee shall be responsible for maintenance and
repair of all electric power service, including the cost of
electricity, other than that described in S above.
City shall be responsible for and maintain fresh water supply
i lines, sewer lines and drain lines to the property. "
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D. The Lessee' s duty to maintain shall include, but not
be limited to, the following areas:
wi (a) To keep in clean and orderly condition and
appearance the decking and railings as well as any of the
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interior fixtures, equipment and personal property which
are located in any parts of the leased facilities which
are open to or visible by the general public.
(b) The Lessee shall keep the decking of the leased
premises free and clear of any objects or impediments
which may be discarded or left behind by either patrons
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or employees of the ,lessee and to prevent any hazardous f
conditions from existing on the decking due to the j
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location of any items left situated on the decking.
(c) Lessee agrees to promptly notify City and all
proper utilities of any damaged utility service lines
including, but not limited to service lines for the
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supply of water, gas service lines, electric power and
telephone conduits and lines which service any buildings
or structures which are a part of the leased facilities.
(d) To maintain and clean any grease traps which are
located on the premises.
(e) To maintain and keep in sanitary condition the
restrooms and to be responsible for any repairs including
plumbing and electrical which are necessitated within
such restaurant restrooms.
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( f) To inspect all decking and railings weekly for
a which the city is responsible and to report any defective
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iI condition thereof to the public works administrator.
t E. The Lessee shall keep the public restrooms on the
leased premises open duing regular business hours each day
for use by the public generally and the Lessee shall not have
the right to restrict the use of said public restrooms to
patrons of the restaurant only.
11 . WATER DAMAGE: It is expressly agreed and understood by
and between the parties to this agreement, that the City shall not
be liable for any damage or injury by water which may be sustained
by the Lessee or any sublessee or for any other damage or injury
resulting from the carelessness, negligence or improper conduct on
the part of any other tenant or agents, or employees, or by reason
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of the breakage, leakage, or obstruction of the water sewer or .
swell pipes, or other leakage in or about the said building.
12 . UTILITIES: In addition to the compensation to be paid
the City above mentioned, the Lessee shall pay for all utilities
i used or consumed in connection with the operation of the
restaurant and restrooms. The Lessee shall pay for the utilities
i directly to the respective utility companies. If the Lessee or
any sublessee neglects to pay any charges for utilities or
services when the same become due and payable, then the City may
consider the Lessee to be in default of this lease agreement and
may institute those remedies prescribed in paragraph 24 A. 5. v
13 . SOLID WASTE: City agrees to provide for the pick-up and
removal of all garbage, debris and solid waste materials which are
generated by patrons and customers of the leased premises. The
Lessee shall place all garbage and solid waste into plastic bags. ry
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4 " F Waste shall not exceed an average of four 55 gallon drums per
week. In the event solid waste exceeds this amount, City, at its
option, reserves the right to discontinue solid waste service and
require Lessee to contract with a private sanitation service or
charge the Lessee a sanitation fee.
14 . ACCESS: Lessee shall cooperate with City where City may
desire to sponsor an event which may result in a temporary delay
in the flow of traffic to the leased premises which will not deny
access to the parking lot.
15. INSURANCE: The Lessee shall during the term of this
lease insure and keep insured to the extent of not less than one
hundred percent ( 100% ) of the replacement cash value of all
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buildings, structures, fixtures and equipment on the premises °2
leased to the Lessee against such hazards and risks as may now or.
in the future be included under the Standard Form of Fire and
Extended Coverage Insurance Policy of the State of. Florida and
also against the following hazards and risk. '1
The Lessee covenants and agrees to provide and keep in force t
and effect comprehensive general public liability and property
damage insurance to include independent contractors. Such a
comprehensive general liability coverage shall not be less that
Five Hundred Thousand Dollars ( $500,000.00) combined single limit
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I bodily injury and property damage insurance, holding harmless and ;
indemnifying the Lessee and the City as their interests may appear "- „
against public liability and property damage claims and to furnish il" r
the City at all times with an appropriate certificate from the
insurance carrier showing such insurance to be in force.
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It is further understood and agreed that the Lessee or his
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agents shall carry product liability and completed operations
coverage with a combined single limit for bodily injury and t .
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property damage of Five Hundred Thousand Dollars ( $500, 000 . 00) .
All policies of such insurance and renewals thereof shall insure
the City and the Lessee as their interests may appear.
The aforesaid insurance shall be written by companies
authorized to do business in the State of Florida, and listed in
"Best' s Insurance Guide", or a comparable publication in the event
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of the discontinuance of publishing "Best' s" said insurance
ij company having a minimum rating in "Best's" of "A 10" .
The policies or certificates representing such insurance
shall be delivered by the Lessee to the City and each policy or
certificate delivered shall bear the endorsement of or be
accompanied by evidence of payment of the premium thereon and also
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an endorsement obligating the insurance company to furnish the
City thirty ( 30) days notice in advance of the cancellation of the
insurance evidenced by said policy or certificate. Renewal
policies or certificates shall be delivered to the City at least
thirty ( 30 ) days before the expiration of the insurance which such { ;
policies are to renew. When such policies or certificates have
been delivered by the Lessee to the City as aforesaid and at any
time or times thereafter, the City may notify the Lessee in
j writing that the insurance represented thereby does not conform to
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the provisions of this paragraph either because of the amount or
because of the insurance company or for any other reason, and
Lessee shall have thirty (30 ) days in which to cure the defect.
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Failure to cure such defect within thirty ( 30) days shall
{ constitute a breach of this agreement by the Lessee, entitling the
City to all remedies occasioned by default.
All contracts entered into by the Lessee shall be subject to
review by the City of Dania in order to determine that the city
shall incur no liability not adequately covered by insurance and
all contracts pursuant to this paragaph shall be submitted to the
City prior to being entered into by the Lessee.
lb. CITY LIABILITY: The City in agreeing to the
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j responsiblities outlined in Paragraph 10 of this lease agrees o
lj defend the Lessee and hold it harmless from any claim arising out
of any injury or damage to persons or property described in
paragaph 2 of this agreement caused by any act or omission to act
of any City employee, or occurring on account of any wrongful
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breach of this lease agreement by the City.
17. LESSEE LIABILITY: The Lessee assumes all risks in the
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operation of the leased facilities described in paragraph 2 of
this lease agreement. The Lessee agrees that it shall be solely
responsible and answerable in damages for all accidents or
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injuries to persons or property occurring on the leased premises
and hereby covenants and agrees to indemnify and save harmless the
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City and its officers and employees from any and all claims,
suits, losses, damage or injury to personal property or life and
limb of whatsoever kind and nature, whether direct or indirect,
arising out of the operation of said leased premises or the '
' carelessness, negligence or improper conduct of the Lessee or any
agent, servant, employee contractor and supplier, which
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' x ;}c responsibility shall not be limited to the insurance coverage '
i > herein provided exclusive of any areas which are maintained by the
City.
18 . NO ASSIGNMENT OR SUBLETTING: The Lessee is not
permitted to assign, transfer, convey, sublet or otherwise dispose
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of this agreement or of this right, title or interest therein, or
the power to execute this agreement to any other person, company
or corporation without the previous written consent of the City
commission which consent will not be unreasonably withheld; that
neither said agreement nor the rights therein granted shall be
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assignable or transferable by any process or proceedings in court,
or by judgment, execution, proceedings, insolvency, or bankruptcy,
either voluntary or involuntary, or receivership proceedings, and
in the event of the insolvency or bankruptcy, either voluntary or
involuntary, of the Lessee, the City may, at its option, terminate f
and cancel this agreement upon ten ( 10 ) days written notice, in
which event all rights of the Lessee hereunder shall immediaely
cease and terminate and it, or its representatives, shall
immediately deliver up possession to the City. If the Lessee,
shall , without the previous written consent specified in the first
paragraph of this section, assign, transfer, convey, sublet or
otherwise dispose of the same, of his right, title or interest
therein, or the power to execute this agreement, to any other
person, company or corporation, the City may revoke and annul this 6 .
agreement, and the City shall be relieved and discharged from any
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and all liability and obligation arising out of said agreement to
such Lessee and to the person, company or corporation to whom
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he shall assign, transfer., convey, sublet or otherwise dispose of
the same.
19. RIGHTS OF ENTRY RESERVED: The City, by its officers,
agents, employees, representatives and contractors shall have the
right at all reasonable times to enter upon the premises for the ..
purpose of inspecting the same, for observing the performance by
Lessee of its obligations under this agreement and for doing any
act or thing which the City may be obligated or have the right to
do under this agreement or otherwise as long as said inspection or
visit does not interfere with the normal business of the Lessee.
: .� 20. TAXES: Lessee shall be responsible to pay all real and
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personal ad valorem taxes and other taxes which are now and may be
hereafter levied by any governmental unit or agency having the
authority to levy such taxes, upon any of the real property
described in this lease, or any of the business operations
conducted by the Lessee upon the real property described in this
jlease agreement.
21 . OBLIGATIONS OF THE LESSEE:
A. Lessee shall purchase merchandise and fresh food for
sale which merchandise and food is of a quality generally
accepted in the market place as acceptable for purchase and
complies with the standards of all applicable regulatory
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agencies. Merchandise and fresh food shall be purchased ' .
through insured, bonded suppliers.
B. The Lessee shall conduct its operation hereunder in
an orderly and proper manner, considering the nature of such F
operations and shall comply with all ordinances of the City.
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In addition, the Lessee must operate for the use and benefit
of , and service to the public without imposing excessive or
unjust or abnormal requirements on customers, guests and
invitees .
C. The Lessee shall commit no lawful nuisance, waste or
injury on the premises and shall not do or permit to be done
anything which may result in the creation or commission or
maintenance of such nuisance, waste or injury on the
premises.
D. The Lessee shall comply with all laws, ordinances,
rules, regulations and orders of the City and any other
governmental entity having jurisdiction now in force or ` ' k
enacted at any time during the term of the lease which as a
matter of law are applicable to or which affect the operation t"� !
of the Lessee of the leased property. The obligations of the . ' 14
Lessee to comply with governmental requirements is provided
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herein for the purposes of assuring property safeguards for
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the protection of persons and property on the premises. Such
provision is not to be construed as a submission by the City
to application to itself of such requirements of regulations.
22 • SIGNS: That the Lessee shall not erect, maintain or
display any signs, flags or any advertising at or on the exterior
property being leased in this lease agreement that are in conflict
with the applicable City ordinances pertaining to said property. "s
23 . ADDITIONAL RENT AND CHARGES• If the City is legally
required or elects to pay any sum or incurs any obligations or
expenses by reason of the failure, neglect or refusal of the
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=` Lessee to perform or fulfill any one or more of the conditions,
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convenants or agreements contained in this agreement for more than
fifteen ( 15 ) days after a written request has been mailed by the
City, then the Lessee agrees to pay the sum or sums so paid for
the expenses so incurred, including all interest, costs, damages
and penalties, and the same may be added to any installment of
rent thereafter due hereunder and each and every part . of the same )
shall be and become additional rent recoverable by the City in the
same amount and with like remedies as if it were originally a part
of the rent as set forth in paragraph 8 hereof. The Lessee shall
have the option to post a bond for the amount of the expense in
the event the Lessee contends that such expense is felt to be
excessive.
24 . EVENTS CONSTITUTING DEFAULT: i
A. The Lessee will be considered in default of this
lease if any one or more of the following events shall occur:
1 . If the Lessee shall voluntarily abandon, desert
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vacate any of the properties described in this lease or
discontinue its operation at the leased premises.
2 . If any lien is filed against the premises because
of any act or omission of the Lessee and is not removed
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or secured by bond or otherwise, within thirty ( 30) days
1 after the Lessee has received notice thereof; or
3. If the Lessee shall fail duly and punctually to
7 pay the rental or to make any other payment required
hereunder when due to the City and shall continue in its f .
failure to pay rentals or to make any other payments
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required hereunder for a period of thirty ( 30) days after
the first cf the month after written requests, the date
j upon which it is due, then City shall be entitled to
avail itself of the remedy for default as provided in
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paragraph 8 of this lease agreement; or
4 . If the Lessee shall fail to keep, perform and
observe each and every other promise, covenant and
agreement set forth in this agreement on its part to be
kept, performed or observed within thirty ( 30 ) days after
receipt of notice of non-compliance thereunder from the
City except where fulfillment of its obligation requires
activity over a period of time and the Lessee shall have
commenced to perform whatever may be required for
fulfillment within thirty ( 30) days after receipt of
notice and continue such performances without ; ,._•n
!i interruption and except where fulfillment is prevented by
causes beyond its control and except as otherwise
1provided herein.
5. Upon the occurrence of any such event except the
event prescribed in subparagraph 3 of this section or at
any time thereafter during the continuance thereof, the
City, by thirty ( 30) days written notice, may terminate
the rights of the Lessee hereunder and his letting, such
termination to be effective upon the date specified in
such notice. Upon the date specified in the notice, the
City, its agents or attorneys, shall have the right to
enter any of the areas described in paragraph 2 and
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remove all persons therefrom forcibly or otherwise and
the Lessee hereby expressly waives any further notice
required by law to terminate tenancy, and also waives any
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and all legal proceedings to recover possession of the
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property leased. Such right of termination and the
exercise thereof shall be and operate as a conditional
limitation. The City shall comply with. all Florida
Satutes pertaining to re-entry and notice.
B. WASTING OR DESTRUCTION OF PROPERTY: In the event
the activities of the Lessee which are in derogation to the
terms of this lease, are such as to constitute a wasting or
destruction of the leased premises then and in that event,• it
shall not be necessary for the City to suffer the wasting or
destruction of said property during the aforesaid periods of
j notice, but in such event, the City shall give the Lessee
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seven ( 7 ) days notice within which to terminate the aforesaid
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destruction or waste to terminate any act or practice which
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shall place the City or the property of any individual
llocated properly upon the leased premises or in danger of
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destruction or waste. If at the expiration of the aforesaid
seven ( 7 ) days from the service of notice upon the Lessee in
accordance with the provisions for service of such notice as
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contained in this lease agreement the- Lessee has not
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teminated such waste of the City' s property or the waste of
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any individual 's property which may be located upon the
leased premises as aforesaid, then and in that event, the
I City shall have the right to enter upon the premises
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forthwith and the ,Lessee shall remove himself from the
premises forthwith and this lease shall be deemed cancelled
and terminated as of the expiration of the aforesaid seven `..
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( 7 ) days .
C. No acceptance by the City of rental, fees, charges
or other payments in whole or in part for any period or
periods after a default of any of the terms, covenants and
conditions hereof to be performed, kept or observed by the
Lessee shall be deemed a waiver of any right on the part of
the City to terminate the lease.
i ! D. No waiver by the City of any default on the part of
the Lessee in performance of any of the terms, covenants• or
conditions hereof to be performed, kept or observed by the � .
Lessee shall be or be construed to be a waiver by the City of
any other or subsequent defaults in performance of any of the
{ said terms, covenants and conditions.
E. The rights of declaration of default described above
shall be in addition to any other rights of termination
provided in this agreement and in addition to any rights and
remedies the City would have at law or in equity consequent
upon any breach of this agreement by the Lessee and the
exercise by the City of any right of termination shall be
without prejudice to any other such rights and remedies .
26. NOTICES: Except wherein expressly required or permitted
herein to be oral, all notices, requests, consents and approvals
required to be given to or by either party shall be in writing,
j and all such notices and requests shall be personally delivered to
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jthe designated officer • or representative of such party or
delivered to the office of such officer or representative during
regular business hours or forwarded to him or to the party at such
address by certified or registered mail . The Lessee shall from
time to time designate, in writing, an office' within Broward
County, Florida, an officer or representative whose regular place
of business is at such office, upon whom notices and requests may
be served. City designates the city manager and, until further
notice, the Lessee, Sarantis Boutsikas directs that all notices
and requests be served or delivered to him c/o Vincent' s on the
Water Restaurant, 3445 Griffin Road, Dania, Florida 33004 and the
City designates its city manager at Dania Administrative Center,
i 100 West Dania Beach Boulevard, Dania, Florida 33004 as their
respective offices where notices and requests may be served. The
� I;
notices herein required to be served shall be deemed effective and
i . �
served as of the date of the registered or certified mailing
I thereof. `
1
27 . USES ALLOWED THE LESSEE: Lessee shall have sole and I
exclusive right to sell or rent in, on or from the leased premises
"i all items which would be in compliance with present zoning for
said structures including but not limited to food, beverages,
including alcoholic beverages for consumption on premises, "
maritime equipment, sporting goods and related items, gifts and
related items, tourist and related service and items and such
other uses which may be approved by the city commission and said
approval shall not be unreasonably withheld. The City agrees to
allow and permit the sale of beer and wine by Lessee on the
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demised premises . Lessee will not be allowed any package liquor
A e
sales! .
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28. PLACE OF PAYMENTS: All payments received by the City by ;
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this agreement shall be made at the office of the finance director
of the city at Dania Administrative Center, 100 West Dania Beach
i
Boulevard, Dania, Florida 33004 .
i..
29. PARKING LOT: Lessee understands that he has . no right to j
provide parking at the beach parking lot for restaurant patrons
except that City shall allow Lessee to issue free parking prmits
for breakfast customers between the hours of 8 :00 and 11 :00 a.m.
Abuse of this priviledge may result in its withdrawal by the City.
At all other times free parking, not to exceed four (4 ) spaces,
shall be provided only for the Lessee and his employees .
30. READINGS: The paragraph "headings" contained herein are
for convenience in reference and are not intended to define or
limit the scope of any provision of this agreement.
31 . ENTIRE AGREEMENT: This document incorporates and
includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matter contained
i
herein and the parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of
this agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms shall
be predicated upon any prior representations or agreements whether
oral or written.
It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be
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P
j effective unless contained• in a written document executed with the
same formality and of equal dignity herewith.
I `
1 32 . PARKING METER CHANGE: As a service to all beach _ .
patrons, Lessee agrees to provide money changing for persons
needing coins to operate parking meter devices.
33 . CITY'S RIGHT TO TERMINATE LEASE AGREEMENT:
Notwithstanding anything herein to the contrary, City expressly
reserves the right to cancel this lease in its sole discretion and
without cause upon giving written notice to Lessee at lease thirty
( 30) days next preceding the effective date of such cancellation.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
I Signed, sealed and delivered
in the presence of :
As to Lessee Sarantls Boutsikas as Lessee
As to Lessee CITY OF DANIA, FLORIDA
By:
Mayor - Commissioner
By:
City Manager
Attest:
(City Seal )
City Clerk - Auditor
APPROVED AS TO FORM AND CORRECTNESS
i
By:
Frank C. Adler, City Attorney
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