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HomeMy WebLinkAboutR-1995-029 t r. t• 4w' ti *• t �, , y A � }A + : t. + I } 1 t I 1 l Ij RESOLUTION NO. 29-95 b s yri A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DANIA AND PIER MANAGEMENT INC., RELATING TO BAIT AND kr TACKLE SHOP LOCATED ON THE DANIA FISHING PIER; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE AND THE SAME l � Any ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. hl l BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, ' FLORIDA: 1 , �,; 39gtion 1 That that certain Amendment to Lease Agreement for Fishing Pier 'v Bait and Tackle Shop by and between the City of Dania, a Florida municipal corporation, and Pier Management, Inc., a copy of which Amendment is attached x hereto as Exhibit 'A", be and the same is hereby approved and the appropriate 1 pp opriate city i,> x officials are hereby authorized to execute same. 59clion 2 That all resolutions or parts of resolutions in conflict herewith be and 1 i the same are hereby repealed to the extent of such conflict. p , v J�If t nL j Section 3 That this resolution shall be in force and take effect immediately upon its passage and adoption. fb lP°r G""$TY PASSED and ADOPTED on this 15 March H a , . EE4"' y da of , 1995. t ( fit , _ _ •l L� ATTEST: Mayo - C missioner t y f it sG• a 7, , ` rf Alefrk-�jtor t „� }TErr i APPROVED AS TO FORM & CORRECTNESS Y+ J Frank C. Adler, City Attorney '< 'i�iR u tiA' 1 a ` Resolution No. 2 9-9 5 F i t��b YY.Y A Z s y 7�"wWyk h d" `k � F ,• �•ijt"xhkttr ', ,- {�_ - Afrt`4��riy f W 2 x v s i r " : rt 5,' 3 ro1 '\e��' 1i 1r ,d. l..i.. ref r r rY AMENDMENT TO FACE Af RE nJIENT By this agreement, that certain Lease Agreement for Fishing Pier Bait and Tackle Shop dated t February 8, 1995, by and between the City of Dania, a Florida Municipal corporation and Pier I. A Management, Inc., a Florida Corporation, a copy of which is attached hereto and made a part hereof as Exhibit "A", is hereby amended to read as follows: I r r "THIS LEASE AGREEMENT made and entered into this 8th day of February, 1995, by and t `'' between CITY OF DANIA, a Florida municipal corporation (hereinafter referred to as the "Landlord'), r � # and DANIA PIER MANAGEMENT CORP., a Florida Corporation, formerly known as PIER w` Fr MANAGEMENT, INC., (hereinafter referred to as the "Tenant")." t� Except as herein amended. all other provisions of said Lease Agreement shall remain in full force and effect. Witness our hands and seals this /S day of March, 1995. ; CITY OF DANIA, a Florida municipal r , ti `�'4r'v 1�i�rr ti ATTEST: Corporation, Landlo , J yr B Y: t l A ting City Cle -Auditor Ma or- Commis ipner ) By: ki Robe F. Flatley, City ManagerI All '�x7K DANIA PIER MANAGEMENT CORP., a i Florida corporation, formerly known as PIER MANAGEM INC., Tenant J oma nucci, P sident r "IM � ._.,(. }a �'' >b°, Donald V. Streeter, Vice President 4T31./�n` J L yr f` I'T ttjtrj��y! J 4': APPROVED AS TO FORM AND CORRECTNESS i Frank C. Adler, City Attorney �cXH I B IT "A" C u 'yw y� Yu°V Gi Y- 11 x f 'X+,'. J r r :..+l ' ^"•.ry vi t bk '} f ZLy�R �. h 'S i .Q •`] M' °r... :J .... . _ ( `- `l r c t0 a v; t a i° Xx` 1N4'f F lil }1 3 3\ I A ar 4 I yF, J1 `a�♦�o-S�r�Fr�X" � .r J.l , a r« az +p{{ * «r { ACE AGGREEMENT FOR FISHING PIER BAIT AND TACK c�-fno ` ..... 1 3 Y4,y1 y, vt ] 4� Si, r T, ` 5 ' THIS LEASE AGREEMENT made and entered into this /S day of � 1995, by and between kr f CITY OF DANIA, a Florida municipal corporation (hereinafter referred to as the s "Landlord"), r 5 Ira 5 ryes_ and «r ) I�yb✓�w PIER MANAGEMENT, INC., a Florida Corporation, (hereinafter referred to as M1 t the "Tenant"). WITNESSETH: WHEREAS, for the purposes and intents of this Lease Agreement the parties yr R ; ry � 4rr� J r 14 hereto agree that �.abbreviated, shortened or informal names, words, phrases or ' ,u references may be sometimes used herein for the purposes of reducing the length of this Lease Agreement and making its meaning clearer; and ' 45�hh 1 ya�L�t� f d WHEREAS, the parties hereto further agree that such names, words, phrases or ` i •a� references shall have, unless the context obviously requires otherwise, the following G meanings and definitions, to-wit: ' J �3 "fishing pier": "fishing pier", as used herein, shall mean and refer to the rya Alr rl rl+ xt wooden and concrete pier structure which is owned by the Landlord at Dania Beach, Dania, Broward County Florida, I, I extending from approximately the mean high-water mark of the Atlantic Ocean, at the t+ `5 western extremity, in an easterly direction into the Atlantic Ocean for F rv` EXHIBIT "A" Pt e`1iR 4 G " .V41 t t>$_". !�,•d _ ° a ,'"ifiK�,',"d �`. z'u';� .1'? ..r,"hs.�'Jrs`rak�...i-,''. t� .". 1 �.Y;h`.`,,.` '`Fy1n1t"y ti` '�v — - ! F .�"M� S.�F"'r•'X . } a yJ LL mKw ,tg GAF rt ZrFsN ' yyh, �;���rct lYT�a�v'• Jr k Jfx. I. t hI tr t s,iAi r )1+Gu r y AGREEMENT TO RENT That for and in consideration of the rent herein reserved to be paid by the > ,pzv�is j Tenant, and in consideration of the covenants herein to be kept and performed by the n,5 Tenant, the Landlord does hereby lease unto the Tenant and the Tenant does hereby r. take from the Landlord, the fishing pier complex, TO HAVE AND TO HOLD the same 1w for a term of twelve (12) months, commencing the day of 1995 y�4 rgx '} z and ending the day of 1996, under the terms and conditions r stated herein. zx , RENT ' 4i 4;'' 'Wi7 i l✓' - t'i �' tl�. r tir The Tenant covenants and agrees to pay to the Landlord as basic rental for the 1{i demised property (and for the aforesaid term of twelve (12) months), the total sum of (( Twelve Thousand and no/100 Dollars ($12,000.00) plus Florida sales tax thereon, � J , payable in twelve (12) equal monthly installments of One Thousand and no/100 dollars ($1,000,00) each, in advance, plus Florida sales tax, with the first of said installments to ?r w be due on the 1st da Y of , 1995, and with the remaining installments to be due , on the 1st day of each and every month in advance, thereafter, up to and including the : U,h hX' 1st day of 1996. Said monthly rental payments shall be due and payable as aforesaid without demand at the City Hall, Dania, Florida. The Tenant in addition to the . -{ri4��'iprwnt i 4K admission fees collected from the public for use of the pier complex as additional rental n{ v } �� + with said additional rental to be paid by Tenant to Landlord on the fifteenth (15th) day sF L 3 ; y�. trt A4 x •` :rn7.R , A�_ 51. {. y'4. SAY 1, .. •.,,k -.... ....._ ... > t i L' e 1 �ii"a!' r Y• $ { `Fr Iva, '^SKcr�'. ;R •, 1 inn i'..y�c k'�y�yy,,14'I e r f517+x,.+ , r . J vg of each month following the end of each month in which such receipts were collected by Tenant. Sales tax to be included in admission fees. �r PE-" 7, 3 4 In the event the fishing pier complex is determined by proper authorities to be t�Gv'rjCy �$� Y unsafe for public use, rental payments as hereinabove provided to be paid shall abate and cease until said complex is determined to be safe for the public's use. tl�Y\ ti�y5 Yj.:� .=,��.t � lll• f f` SECURITY DEPOSIT F } 1£ (a) The Tenant, concurrently with the execution of this Lease Agreement, has r deposited with the Landlord the sum of One Thousand and no/100 Dollars ($1,000.00), �r7 rj'4 ;Y�•3v: khii � f the receipt of which is hereby acknowledged by the Landlord, which sum shall be c�a, '1 a w retafied by the Landlord in an interest bearing account, as security for the payment by +F t vRC 9 '- � •'. J' the Tenant of the rents herein agreed to be paid by the Tenant and for the faithful Ai7'M(Y `fd performance by the Tenant of the terms and covenants of this Lease Agreement. It is 17: t z ' YM agreed that Landlord, at Landlord's option, may at any time apply said sum towards "```+'" `• {;' the performance of each and every of Tenant's covenants under this Lease Agreement r but such covenants and Tenant's liability under this Lease Agreement shall be +A 3 0, 1 char dis ged only pro tanto. The Tenant shall remain liable for an t y amounts that such r sum shall be insufficient to pay. The Landlord may exhaust any or all rights and remedies against the Tenant before resorting to said sum, but nothing herein contained , }y shall require or be deemed to require the Landlord so to do. eti �r� (b) At the end of the term of this Lease, the security deposit, together with the rbfF;^ accrued interest thereon, shall be returned by the Landlord to the Tenant if it has not , }, 11 IC 4�NS,U•. 6 �t pet Y Y. �Tr irWr f.y b. .f k ON n 1. 444 n.k M1f... k� � � SMR�•F. w, F f q !' �1ij 41. k+nF'�a � d ,hli"y4�iA Ylyt,xrgl& y'fit 5k v been necessary ry (as of said date) to use an y part of the for any of the e security de : purposes set forth in paragraph (a) of the within article. That is, if the Tenant is not in default in the performance of any of his covenants and undertakings at the time that the PIN �'^�t xa {.S�4g refund of the security deposit is due, the parties agree that the security deposit of One u,- " Thousand and no/100 Dollars ($1,000.00) plus the accrued i "t` shall interest thereon be refunded by the Landlord to the Tenant (or to the Tenant's assignee if the Lease X M ' Agreement is properly assigned during its term). 41 ASSIGNMENT x "� Tenant shall not assign or sublet the demised remises, or an y portion thereof, without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. In the event of such assignment, the assignee shall expressly l; consent in writing to the terms of this Lease Agreement and shall assume all of the 1� obligations of the original Tenant. V. USE OF PREMISFs (a) The Tenant shall operate the bait and tackle shop located in the pier building twenty-four (24) hours per day, seven 7 '+ r LI f O days per week, during each and every week of the term of this Lease Agreement. The Tenant shall sell all usual and iH1fi•,,,>h�TTS.�w.• arl frig ordinary types of bait used for sports fishing and shall further maintain a com lete P inventory of all customar y types of fishing tackle, fishing equipment, fishing supplies, " r 3 and related types of merchandise. t; i t t i 5J[xi4tiS,y� !• J �t n, y, r k ,. Y .JIcLr V4a•:ARf•.' A yjP. �� { ° { `> nrn"t 1s:4'x its f ..• S 7 G � ��'I , �e5i t G rc `� F/11x✓'.eLt TAT/" l � T a t " 49 a A M� r, t v sy �^ r" 4y�,z.�5`zrJy91.^"�v (b) The Tenant shall also operate the fishing pier for e benefit of the the public generally and the fishing pier shall be open twenty-four (24) hours per day, seven (7) ,N0' h days per week, during the term of this Lease Agreement. How k' ever, Burin . � g periods of �� Manager,hurricane or storms the City M er shall have authority to approve the closing of th � k g fishing e g pier until such time as the hurricane or storms abate. ;� '4 nA Ai ISY er (c) Tenant shall have the ri Rt _ ght to operate a snack bar facility offering food, beverages and other snacks commonly associated with such operation. yl� Y R1 uiy.F t x a (d) In addition to the foregoing, Tenant shall properly maintain, repair and keep t tk �, � d in good operating condition all fixtures and equipment owned by Landlord and located { ' SF�+,n w r in and about the within leased premises. All costs of repair, maintenance, mtenance, and ' replacement of such fixtures and equipment, shall be done at the sole expense of a� 4 r u wsa Tenant and shall be accomplished within a reasonable time after the need for the r� repairs and/or p maintenance becomes a pparent. All fixtures installed by Tenant in or on r '' the demised premises shall immediately y become Pro e P rty of Landlord without anylr� c compensation of any kind due Tenant. ` R ; VI. RIGHT TO CHARGE nn MISSIONS TO FISHIh� 4r ,ytiK �I1� ICQ to The Tenant shall have the right charge 9 reasonable admission fees to patrons or spectators desiring admission to the fishing y 7Y g Pier which shall be Three and no/100 Dollars 3.00) for fishing, One and no/100 Dollars ($1.00) for sightseeing and n A4!c'St4ir Yrf o .. 4 charge for children six (6) years old and younger. In connection with such char gates or other Bev charges. the Landlord shall install and maintain i \ • � �; ces to control the flow of patrons I 1✓ x J Zj 4`�'T(k uk 4 4+l.tyre'r'a, ' �Yr +a7 A'�.iJ'. tY ff\ f�VF�'a� eC i ff 4 A' Yy r takr�`R�.c }3'ir}e 97yW.-'F'4 4' y�1�4F�7.5 t h � Till t�yr :.. 'df "+Y XjtJt 1`ir onto the fishing pier. It is understood and agreed by Tenant and Landlord that Tenant r = , et,,p �x ��Zu"�f`• Rat ' d" shall not increase said fishing pier admission fees during the term of this lease except vd+W { �FFSt " to reflect the cost of living increases as reported by the U.S. Department of Labor cost �6 Y of living indexes. Each such cost of living increase, if any, shall be submitted by Tenant to Landlord for its written approval. f t „ J r s MAINTENANCE OF RAILINGS DECKING PLANKS N✓a TER EACH ITIES LIGHTING AND STRUCTU RE OF THE FIaHI"h PIER � (a) As of the beginning of this Lease Agreement and at all times during the l �+ 9✓1`YT term of same and any renewal thereof, the Landlord shall have the sole obligation and duty to repair and replace the vertical guard rails of the fishing g pier. The Tenant shall I have no particular duty to become involved with the repair or replacement of the vertical 'Lill. If:. 3 ik,ix. z guard rails except to notify Landlord of any such repairs or maintenance when needed. f F; (b) During the entire term of this Lease Agreement, or any renewal thereof, the fishing „ _ } pier complex shall be maintained by Tenant so that it is adequately lighted and h Yt so that patrons of the fishing pier will have water available for the purpose of cleaning ` vx fish. Landlord will provide lighting supplies. Mgv I (c) In addition to the foregoing, Landlord agrees to maintain all sub-structures Ctir of the pier complex such as pilings, foundations, tie-beams, bracings and plankings. (d) Tenant shall be responsible, at its sole expense, to promptly repair or ifh1ati�s replace any part of the fishing pier complex that is damaged by the negligence s��r���rtiSpx. gence of M i' ♦ 1 7 rrSwwr.:esW:re'hC, 1 v P,• f �3-t Fw�t Y � v , �`1 v Y2 ri.?ee%cv 4r C\, .W. ,y "� g, C�y4`k 1�99 1 A V 5IA �?Clhxil = ,yay4o-`Y"'"�.�ai'41�ai y ',454Y r N'i?t'� t J'Jf ty,� Y l`fy kiti t+ X.1 ��f receives any complaints about the cleanliness of the restroom facilities and if his �g M� investigation indicates that the facilities are not being cleaned and maintained on some systematic basis, the City Manager shall have the right to instruct the Parks and (,F " Recreation Department of the Landlord to make periodic inspections of the restroom facilities during ordinary patrols of the public bbc P beach area. if the 'e inspections pections of the a employee of the Parks and Recreation Department show some condition that should be rye � immediately remedied, the Tenant agrees that whatever person is in charge of the r In,t�a fishing g pier complex (as the agent of the Tenant) shall immediately accept any statements or recommendations of the employee making the inspections shall do ons an J t kC�tµTM'S55kYYY'M i Fy whatever is necessary to correct the condition in the public restroom, to the satisfaction £s `• of the employee. R�n , btu}� (d) The Tenant shall keep the public restrooms at the pier building open twenty-four y y y �ty (24) hours each day for use b the public general) and the Tenant shall not have the right to restrict the use of said public restrooms to patrons of the fishing r� x �y�,41rr�1�hf. •;�a ° ,� pier. � 7}' 1 v # IX. AI r= ALTERATIONS The Tenant will make no alterations, additions or improvements in or to the premises without the written consent of the Landlord, except only furniture and fixtures dre „ssr which shall be readily removable without injury to the premises. y�C•i5f(t("v 7:tF �ljrhyl�"M1w ,. i y, X. t h a The Tenant agrees to furnish at his own expense his own heat and air 111111 WIN 1 Y 41 : 116 777 1�� x x ti+�fi. S 5 ''�, � dj i l+ix4ybr�-i t; srR rt 4.1 .AWN �{{,�Fj�r¢ 9Lf1%,111 i-5ciili {a fA.rays � "1� fYi Sr pp2 }iv, TYni ii � f l conditioning (if desired) and to pay for all water, gas, electricity, sewer service and other utilities used or consumed in or upon the demised premises during the term hereof as 1 t \ 4 rL ]4]ET and when the charges for the same shall become due and payable. 116 l i J.� i s(5 jtj4 t tr p 1i tvS V'rAlYt''yi-„ XI. ' 1 l �I Ty !QARBAGE DISPOSAL Awl — The Landlord, as a municipality, shall have no obligations whatsoever to furnish any type of garbage collection or garbage disposal service to the fishing g pier complex or to any type of business operation conducted on said fishing d g pier complex. Specifically, the Tenant agrees to furnish all garbage p M es of types disposal services � ! required at the fishing pier complex at his own expense and shall provide suitable ax k( l garbage cans and garbage containers. As to the �r cf 'fTsrt . type of garbage collection and s,>#ask garbage disposal service furnished by the Tenant, the City Manager shall have the e right �xyF�S] y, , 3` V Y to approve the quality and frequency of same. r 4rytW� r ..5l�� 11 y: A'x �a, xy,�;. � COMPLIANCE WITH PUBLIC AUTHORITIES " y� n Tenant agrees to comply with all rules, regulations and requirements of any 101 � t ' federal, state, county, or municipal authority or governmental agency and with the final orders for the local Board of Fire Underwriters or� similar organization affecting the +,�yr demised premises insofar as the same may relate to Tenant's use of said premises during the term hereof. hf 10 4 TLF ti k "i lfy'I i M V ppt4S � V V +Y ]G ���•�ytg\W1r nz trd��}„ •. i 1 M %r at rA�SE �.'t♦"S5�i�0'03.�1 5Z §C4I n y Le . D � i Y Y 11i1i�1� .` 'NAS"kiA�llf^{C. 4� tH ! y r = a Jul S (, L r rltu � 1� XIII. �F bC�r ,.�� i , b 3 ti � •. 9BLIGATION OF TENANT rn o� rk Ykc L4f44"4 h t51, Y S i The Tenant shall pay each and eve r ry type of real property P rty tax, personal property 1 l )! I1 Ilk; a a ' tax, sales tax, admission tax, ad valorem tax and excise tax assessed, levied or .r ,imposed against any part of the fishing pier complex or against the business operated �y by the Tenant on the fishing pier complex. ' ntr� XIV. s ,t INSURANCE tz A•?YL¢nR✓f�f 1 • _ ^�i't b i•. k i i Tenant shall purchase insurance coverage in the amount of One Million Doii,::s ($1,000,000.00) per occurrence insuring the Landlord for product liabili s ty, public and l,�A�zti�UN � i general liability and , any injuries which occur in or on the !(�i�•I�i Ague�F; property damage and for 1r' leased premises. Further, Tenant agrees to indemnify Landlord from any and all A, a .< claims, causes of action or judgments arising out of the Tenant's operations on the U YSr�lx h4 4'' ' i t 4 4 leased premises and pursuant to this Lease Agreement. On the yearly anniversary of this Lease Agreement, Tenant shall provide Landlord i A ry fi ves;� I"s a Certificate of Insurance A. A tis indicating insurance coverage for these purposes for the amount of One Million Dollars , ($1000 n1 ,000.00) in the aggregate. The Landlord shall be named insured on said + tier y t S. policy. Tenant will also provide for employee workers' compensation insurance with employer liability in the standard amount as determined by the State of Florida. A copy 1 a A t•�*F�I�+�j} of said Certificate of Insurance will be furnished naming Landlord both as a certificate 4 holder and an additional insured entity. - S,L�..t1lY�� YA S`Y•If{; `Sf S tit F b Y >. . `• S y/��!r � .,... :. .. .. S ' ; i 4 tMy,l. ti���¢w f A�, p r n -per f f,ti. d 4 f�•q t of d !f•Y� ?e r I y41n1)T LCp t«'Y � h+ )I tir$ tlri '�rys y.gN iQt �/`' ti' �f�1✓i f r*t M XY. k at �i4r2 kl,, INSURANCE Cglylp E I 10 f Tenant agrees not to do or permit anything to be done on said premises, or keep anything therein, which will increase the rate of hazard insurance--1r premiums ms on the 'u 1r2 ' '' improvements, or any part thereof, or on property kept therein, or conflict with the 4,,•��}�,� �AF �<� regulations of the fire department p rtment or with any insurance policy upon improvements or any part thereof. In the event of any increase in k insurance premiums resulting from , fl Tenant's occupancy of the premises, or from an r r y act or omission on the part of Tenant, � F�> I p Tenant agrees to pay said increase in the insurance premiums on the improvements i �«�� or contents thereof as additional rent. Tenant agrees to maintain, for his own protection, such fire insurance on his own personal grope rtY as he may desire; and to indemnify � •' ,x=^ and hold harmless the Landlord from and dl against any claims whatsoever for any n t�S1 r e 1' damage r p y > g to or loss to Tenants personal property P perty from fire resultingfrom an ` N cause whatsoever. dY�9y {,tf' N XVI. 3 � y J � h DESTRUCTION OF PR MISES It is understood and agreed that in case of damage by fire, storm, hurricane or ; other elements, Tenant will give immediate notice thereof to Landlord and if only a part t of said premises shall be damaged, but not so as to render g r the premises wholly 't r�a �A)•�fAh untenantable, the rent shall abate proportionately and the Landlord shall commence r fro !s� b within reasonable time after notice, to repair the same at its own cost and expense and I : v x 12 My 'tib F tiry � 5 '".r✓.y�`+:x �,u , fir �L�}1) +C Wy: ( r...:v �.aSrY v. r. .� .. . ., .. - .. '' - Y.s *M�t'�t�e...}:uc.�'a .'eto:•'?`. �GH t �t�x}rte 1"�iiAA 5 y7 N jV 1 FtY t6t nC ' 11�keS VN.W ' q; r 1 r' R 5,� NSA/ s wL bih ^r� t q tt.14 a I t�ht) F� ",2 1 iq ra< L� b�N�,'J K W s XVIII. �,•- AVal CARE QE PREMISES { � °rgy rrM15 Tenant further agrees: (a) that all repairs and/or alterations and improvements an r, r ' ,yN yttt which he is obligated or permitted to make shall be made in a good and workmanlike manner; (b) to %eep the premises in good healthful and clean conditions; (c) to keep the public areas and approaches to the fishing PP g pier complex free from all boxes, cartons, merchandise, rubbish or materials of any description; (d) not to burn any �$`f, rubbish or materials of any description upon the leased premises. 7 r tyke y;; tir nLl i% `ey( 1 XIX. la �W'1�����, t BANKR rprry l Tenant agrees that if Tenant shall make any assignment for the benefit of I , creditors or shall be adjudged bankrupt, or if a receiver is appointed for Tenant or his § assets or of Tenant's interest under this Lease Agreement and the appointment of such ,µ t, y ,,' {< receiver is not vacated within five (5) days then Landlord may, upon giving Tenant ten .'.*5 (10) days' notice of such election, terminate this Lease Agreement as in the case of a j violation by Tenant of any of the terms, covenants or conditions of this Lease ' Agreement as hereinafter provided. -` .a 1 Vd�t� k14i"' i $`� v'• 4n _� cr' v1„t oyq, k Ar F� ('jy AEFAULT ' �t y;fia It is understood and agreed that in the event Tenant violates any of the terms, I�Rt��`,;� ! s covenants or conditions in this Lease Agreement on his > ) e part to be performed, and such violation continues for five (5) days after written notice to Tenant in the case of non- 14 F Fe�,br uVr. �yy�' FF ♦Y (v AmY 1 . h - 'V Mr< ,� MA- 4'f, ifiT'; , IM N 41 Ai9t K F;t 4X11'(l,L��"M1�pT�.0�+'nl ac ihlrla � N !d'�'}>rvfM1%s4ty y, payment of rent, or ten (10) days after written notice to Tenant in case of any other u�rz•��,,v violation, then, at the option of 0 to right Landlord, Tenant's Possession of the demised {A � premises shall thereupon terminate upon Landlord giving Tenant ten (10) days' notice mz, . 1. of election to exercise such option. Thereafter a ny retention of possession b y Tenant shall constitute a forcible detainer of said premises and Tenant hereb y grants Landlord full and free entrance to, into or upon$' said premises or an y part thereof, to r �rf 4 take possession thereof, with or without process of law, and to expel and remove I M1 t�1fV fxt; p�7r Tenant or any other person occupying said or an py g Premises y part thereof, and Landlord may repossess itself of said premises as of its former estate, but said entry of said A xfl'Ix, ip_i S .Yrl r premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rent due b virtue sy,xr y rtue hereof nor a waiver of an y covenant, agreement or promise in this Lease Agreement contained to be Is,performed by Tenant. yrr gr XXI. d s IDEMNISLeTION ASAINST COSTS AN^ ^yeornr r� " In the event the Landlord is compelled to incur any expense in collecting an sum of money due under this Lease Agreement for rent, or otherwise, or in the event suit shall be brought by the L }' andlord for the purpose of evicting or ejecting the Tenant v from the leased premises, or if suit be brought ght by the Landlord for the purpose of compelling the payment of any other be paid by the Tenant under er sum which sh l the terms hereof, or for the u Ero,S; p rpose of enforcing performance by the Tenant of any of r4 ",n the several agreements, conditions and,�r�'"{�i✓rrr�, covenants contained herein, Tenant the �s 7'a ' covenants and agrees to pay to the Landlord all expenses and costs of litigation, aw>a�1'a fr�ry .. Y Mai 15 y h tali{' r` } 1I`¢j: 5 'yyygi't`M4 Yf kyl%4 Y �5 \ Ik 4 h , ® l .k` ZJ I,V lid Y including a reasonable attorney's fee for the Landlord's attorney, provided such suit terminates in favor of the Landlord, Any sums due under the terms and provisions of this paragraph shall constitute a lien against the interest of the Tenant in the premises 5 �nfq �a,4 gy�xy and his property thereon to the same extent and on the same conditions as delinquent i "AF rent would constitute a lien upon said premises and property, CIA,. 1 k�4lE 13.J n 5 Y x. XXII. Yt e.i, �Y gym. 4 HOLDING OVER r d ry k�;p T 4 In the event that Tenant shall remain in the demised premises after the expiration of the term of this Lease Agreement without having executed a new written . an ` ` f u'i Lease Agreement with Landlord, such holding over shall not constitute a renewal or �c�IF xr Y'.c t�';t extension of this Lease Q Agreement. Landlord may, at its option, elect to treat Tenant as one who has not removed at the end of his term, and thereupon be entitled to all the remedies against Tenant provided by law in that situation, or Landlord may elect, at its s `' s'a zE ti Y� option, to construe such holding over as a tenancy from month to month, subject to all the terms and conditions of this Lease Agreement, except as to duration thereof, and in �3 ux that event Tenant shall pay monthly rent in advance at the rate provided herein as a�ra effective during the last month of the demised term. )t7(III. EMINENT DOMAINvs rrt yld i If the property or any part thereof wherein the demised premises are located > Jy yF f:A r r-0 Ely kdSS a a;l,'iHy;Yj'+ shall be taken by public or quasi-public authority under any power of eminent domain or a, �t�<r�rr condemnation, this Lease Agreement, at the option of Landlord, shall forthwith VIM �4 16 rr t 4 i,i R Srt +�ps>pU.Yb, d"1"� ' 1411.y�4� 4�.�( • i1� * MWr f , r f,: . �j1tiY' r 1.t s r P�ryl±E � E �6re ryaL w'• w g Pzt ti6:p }• terminate and Tenant shall have no claim or interest in and to any award of damage for uF Arta}= such taking. NOTICES 1M k'�STi k VY M {y t 4 Uzi l"t4c v'���n{r,Y Any notice required to be given by the Landlord may be served on the Tenant Ada .�• )<�ht'�nr , V Y�r1 F'A�"�1A personally or by certified mail addressed to the Tenant at the fishing pier complex, 1y; Dania Beach, Dania, Florida, or such other address as the Tenant may from time to time designate in writing.Any notice required to be given by the Tenant may be served on the City Manager personally or by certified mail addressed to the Landlord at the City Hall, y Dania, Broward County, Florida. �VP r +7i1 XXV. ; NO WAIVER BY LANDLORD , A waiver by the Landlord of any breach or breaches by the Tenant of any one N n yoi ti, a or more of the covenants or conditions of this Lease Agreement shall not bar the r�{{, enforcement of any other rights or remedies of the Landlord for any subsequent F AY .YC J� dl Y t L breach of any such or other covenants and conditions. XXVI.J � llyiVij>°�+ jyy SPECIAL PROVISIONS ��' �1kn�NxYIxr�tY��,rti,� (a) Tenant agrees that residents of the City of Dania will be given the right of first refusal for employment in the business to be operated by Tenant in and about the 3' i at . y'� 17 & ar4�2> � fS [(� { t 1 ✓4 r' �,w����t'Y ro h' r em e44yk"�4 Y�•("a�v 7�, fishing pier g p complex; however, Tenant shall not be required to hire any r 6-4 y particular person or persons regardless of residence. �Yr as a J� (b) Tenant understands and agrees to provide free parking for fishing patrons j°a; yd +} rY with bait and poles, line in water. Free parking shall also be provided for six (6 employees of Tenant in the parking spaces approved by the City Manager. Patrons who enter the fishing pier for the purpose of fishing and who have their fishing 9 gear in wahand, shall receive a free parking permit from the pier manager to cover the time the a4s� patron is engaged in fishing. The form of the permits and the method of controls over same shall be in strict compliance with the instructions of the City. (c) Tenant shall not dispense alcoholic beverages of any kind except beer and t kJS n S wine for consumption only on the leased premises. No beer or wine shall be consumed y� on the beach area beneath the pier. rr i (d) Tenant may not change the name of the subject facility except b f F� ` P Y written ?ysb� approval from the Landlord. (e) Tenant shall purchase for sale to the public only fresh foods of a quality rr;hx ' generally accepted in the marketplace and which meet all the standards of each regulatory agency. All foods and merchandise shall be purchased from or through r�r + y51 insured and bonded suppliers. y3Yr'V4w{'�f iv'sa%`� G1 /v�- (f) Notwithstanding anything herein contained to the contrary, n h r�h � , Tenant shall .IX tn1 furnish to Landlord a copy of Tenant's annual audit on or before the 30th day of June 1996. In addition, Landlord shall have the right to conduct its own audit at any time Landlord desires to do so during the term of this Lease Agreement. r n v 'q14 r , � a 18 S p , (J1" lYd 1 nP�JW, R �y ` • 't ����� ) Y j J a' , ..._ f FYI � )` w� 'R'�*y'. 41 � �avy^.IY�EA41. t's��5'W* 'All ,,• . r CIN, rk•'t, , ,rCAS pm 1M, T§cr ,a�xp l�+1•.a� J4 4 ✓' F IM �, {r W U 9 �`af1 CN m awi".Ilk , W W WLL /. n m LUJ VaTill I It I LU fyxryt "' W W Z 1 t r+ }, a Ww , r � 811 �� J Y+ LL d LL -XHIBIT ((pp „ '+ *t�y .� . ... � . _._.,.,.� x., .. -, r .. � V �, ��a �k-a �,/�� ^i2.`t�` � -. :..x +3»•v;`fti: `h.��:. } �+♦iu 4A Y .- .:__`____ , ., n `fir + ... t � pp e r 1 ' + 'pf�J�i�11Y1� •'1 � ll' t y p ff Q. tit14 s i c LL in 1 Q It d " 4iSt'G.A� 1� 4 41 tiv It ax.t ry'•+ r M o Z 1 r t5„u'G 3 Q f r tI !Fa Ky' 4Silr N QI h T h , z�i "IN ;�T DMi lg Q / Q1"M ftM1%'rr tx' W tar, ' JY yW LL Ln t;XHIBIT ",n ,, tj ti<S 77 'SvRrfbi b��"f v�`i 1, y . w t Y � of � �• �� ,. .,. .._ s.. + i' � .. ..'•et ui�l9 rti R..w",._tJ e.i" .£al. ♦S�Wio?s tr 1 1, r ,( t I gu: v � :f it f These images were produced in the normal T course of business The Microfilm Depot/Advanced Imaging Solutions i! 1213 South 30 Avenue, Hollywood, FL. 33020 , +' Brow: (305) 927-4404 Dade: (305) 625-0509 f 0: (d i 1 + �f.q `t'r Yj u f� 7f r + t;s n i pis , yye w 1 ��T f %4t4�✓ .� �VY � il�� N7f )0 W} 1��Y C p � � 7 � . • �$ ') � �\ . . � . . . � : �© \ [ � , ! . � ,.. e.