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RESOLUTION N0. 24-95
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
^' APPROVING LEASE AGREEMENT FOR FISHING PIER
BAIT AND TACKLE SHOP BETWEEN THE CITY OF DANIA
AND PIER MANAGEMENT, INC.; AND PRO VIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CI
TY OF DANIA,
,� R� €u,% l3 FLORIDA:
.
i n 1 That that certain Lease Agreement for Fishing Pier Bait and Tack
le
1 a' fiw Shop between the City of Dania and Pier Management, Inc., a copy of which is
attached hereto as Exhibit "A",
be and the same is hereby approved and the
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; appropriate city officials are hereby authorized to execute same.
Section2 That this resolution shall be in force and take effect immediately upon
M7urtXC b{�4 fit$ 4t passage and adoption.
` wi. PASSED and ADOPTED on this 15th f.
Yeti; + � February
a
day of Y
f
1995.
s.'zy' Ede ATTEST: Mayor - Com issioner
> 2 '' ActingCit
y r c -Auditor
APPROVED AS TO FORM & CORRECTNESS
`
n ' 0 "-
y�,4�i�s�3y��
S
Frank C. Adler, City A
ttorney w
�rp,R,y V v�
24-95
Resolution No.
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THIS LEASE AGREEMENT made and entered into this /S day of
�
xy y' `�as 1995, by and between
CITY OF DANIA a Florida municipal corporation (hereinafter referred to as the
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,
"Landlord"),
and
off PIER MANAGEMENT, INC., a Florida Corporation, (hereinafter referred to as
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the "Tenant').
WITNESSETH:
art}i3 WHEREAS, for the purposes and intents of this Lease Agreement the parties �J
yz F hereto agree that abbreviated , names, words,shortened or informal
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._ .. .... . phrases or "
references may be sometimes used herein for the purposes of reducing the length of
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this Lease Agreement and making its meaning clearer; and
WHEREAS, the parties hereto further agree that such names, words, phrases or 4�
s �
t�aarf` references shall have, unless the context obviously requires otherwise, the following
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meanings and definitions' to-wit:
'S.q-r,+ly d r)1t� itt
1tr fishing pier": "fishing pier
as used herein, shall mean and refer to the
wooden and concrete pier structure which is owned by the Landlord at
Dania Beach, Dania, Broward County, Florida, extending from
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�r � ,�, approximately the mean high-water mark of the Atlantic Ocean, at the
y *� western extremity, in an easterly direction into the Atlantic Ocean for
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EXHIBIT «qr,
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ti € `cGrp ash AGREFnnG�yT T., R
i`�3 Yx ` ti That for and in consideration of the rent herein reserved to be
paid by the
a
Tenant, and in consideration of the covenants herein to be kept and performed by th
<gA ,r ' y Tenant, the Landlord does hereby lease unto the Tenant and the Tenant does hereby
'ay take from the Landlord the fishing g pier complex, TO HAVE AND TO HOLD the same
for a term of twelve (12) months, commencing the 16 day of
,g1tkdr -- Y March 1995
Irt�`t and ending the 15 day of March
1996, under the terms and conditions
r� fit,
stated herein.
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�} The Tenant covenants and y e Landlord as basic rental for the
Jf ,ytrt,, x,r. agrees to pa to the
,.. .demised property (and for the aforesaid term of (12) months), the total sum of
twelve
Twelve Thousand and no/100 Dollars ($12,000.00) plus Florida sales tax thereon,
payable in twelve (12) equal monthly installments of One Thousand and no/100 dollars
vFr'a�✓ ° a r! i
($1,000.00) each, in advance, plus Florida sales tax, with the first of said installments to
4:be due on the 16 day of__March , 1995, and with the remaining installments to be due
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xs ; , on the 1st day of each and every month in advance, thereafter, up to and including the 7�
,at zrr 16 day of Feb. 1
1996. Said monthly rental payments shall be due and
met payable as
aforesaid without demand at the City Hall, Dania, Florida. The Tenant in addition to the
) r admission fees collected from the public for use of the pier complex as additional rental
Fa'GrY � ,r
kw with said additional rental to be paid by Tenant to Landlord on the fifteenth (15th) day
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it
of each month following the end of each month in which such receipts were collected b
tl y
y
Tenant Sales tax to be included in admission fees.
In the event the fishing pier is determined b
ier complex y proper authorities to be
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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.
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A ; UCURITY DEPOSIT
(a) The Tenant, concurrently with the execution of this Lease Agreement, has
` deposited with the Landlord the sum of One Thousand and no/100 Dollars ($1,000.00), i
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the receipt of which is hereby acknowledged by the Landlord, which sum shall be
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retained by the Landlord, in an interest bearing account, as security for the payment by
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T the Tenant of the rents herein agreed to be paid by the Tenant and for the faithful
s" .performance by the Tenant of the terms and covenants of this Lease Agreement. It is
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,raa, agreed that Landlord, at Landlord's option, may at any time apply said sum towards
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7,ezhF the performance of each and every of Tenant's covenants under s Lease Agreement
this n b 'a
Y," 4 but such covenants and Tenants liability under this Lease Agreement shall be
discharged only 9 y pro tanto. The Tenant shall remain liable for any amounts that such
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 he contained
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shall require or be deemed to require the Landlord so to do.
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(b) At the end of the term of this Lease, the security deposit, together with the
accrued interest thereon, shall be returned by the Landlord to the Tenant if i t has not
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been necessary (as of said date) to use an a
N Y part of the security deposit for any of the
ti,t•7; ,i+ , M�� purposes set forth in paragraph (a) of the within article. That is, if the Tenant is not in
nor,
default in the performance P rmance of any of his covenants and undertakings at the time that the
refund of the security deposit is due, the parties agree that the security deposit of
f i One
�+ Thousand and no/100 Dollars ($1,000.00) plus the accrued interest thereon, shall be
refunded by the Landlord to the Tenant (or to the Tenant's assignee i
f 9 the Lease
Agreement is properly assigned during its term).
��2 ${ IV. x
ASSIGNMENT
Ie-
t3 Tenant shall not assign or sublet the demised premises, or an ^�
y portion thereof,
without the �(
prior written consent of the Landlord, which consent shall not be
n
'�k 1 r wry•
unreasonably withheld. In the event of such assignment, the assignee shall expressly
consent-in rm
writing. to_the tes of this Lease Agreement and shall assume_ all of the
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i w t obligations of the original Tenant.
V. �t
USE OF PREMISES °1
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(a) The Tenant shall operate the bait and tackle shop located in the pier A
building twenty-four (24) hours per day, seven (7) days per week, during each and
biF every week of the term of this Lease Agreement. The Tenant shall sell all usual and
ordinary types of bait used for sports fishing and shall further maintain a complete
inventory of all customs
Ts ry types of fishing tackle, fishing equipment, fishing supplies,
` { {� and related types of merchandise. 4
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rt r (b) The Tenant shall also operate the fishing P g pier for the benefit of the public
r, generally and the fishing pier shall be open twenty-four (24) hours per day, seven
,11" days per week, during the term of this Lease Agreement. However, during
„ i' g g
shy: '"' �R g periods of
hurricane or storms, the City Manager shall have authority to approve the closing of the
fishing pier until such time as the hurricane or storms abate.
C
,
3 Tenant shall have the right to operate a snack bar facility offering food,
`xs,f rxr2�' 4 beverages and other snacks commonly associated with such operation.
(d) In addition to the foregoing, Tenant shall properly maintain, repair and keep
A in good operating condition all fixtures and equipment owned by Landlord and located
in and about the within leased premises. All costs of re
pair, maintenance, and i
replacement of such fixtures and eq
uipment, shall be done at the sole ex pense of
a ,
l be accomplished within a
Tenant and shall reasonable time a
3�
a t �� qvS{eav,t
fter the need for the
repairs and/or maintenance becomes apparent.-Ail fixtures installed by Tenant in or on
N rY 4 f
a the demised remises shall immediate) become roe J
N A y
property rty of Landlord without any
4y compensation of any kind due Tenant.
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'a> VI. °
li Y>3^, ra r;�i�A#rg•R. .'. RIGHT TO CHARGE— AnMISSIOhS T '
O FISHI►ur piGo k
#�``' The Tenant shall have the right
g to charge reasonable admission fees to patrons or
spectators desiringadmission to the fishing
g pier which shall be Three and no/100 .�'
Dollars ($3.00) for fishing, One and no/100 Dollars ($1.00) for sightseeing and no
charge for children six (6 ears old and younger. In connection with such charges, the
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, , Landlord shall install and maintain gates or other devices to control the flow of patrons
51
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its employees, agents and assigns, with said negligence to be determined solely by
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Landlord.
(e) Landlord shall not be responsible for the restoration of the fishing pier
yf ?4 complex, or any part thereof that may become damaged by fire, hurricanes, storms or
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x other acts of God.
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s t (f) Notwithstanding anything herein contained to the contrary, all major
�a?r maintenance and repairs shall be done at the sole discretion of Landlord whose
judgment as to the need for same shall be final.
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t">�{ "EANING OF FISHING PIER AND PUBLIC R SIgOO S
e kaaz, x (a) The Tenant shall clean the fishing pier at least once each 24 hours through
the use of water hoses and sweeping so that all garbage, bait and debris are removed
( ° _-from the decking planks of the fishing-pier-at least once each twenty-four(24) hour day.
(b) The Tenant shall contract with a private firm for placement and periodic
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pumping of temporary portable restroom facilities to be used by the public.
irrj; zy (c) The Tenant shall clean the public restroom facilities at least once each
eight (a) hours during each and every day of this Lease Agreement and shall keep the '
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said restroom facilities stocked with soap, towels related supplies. The Landlord
s an
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shall have the right to make periodic inspections of the public restroom facilities from `
r e' time to time, and the Landlord (acting through the City Manager) shall have the right to
demand that the Tenant properly clean and maintain the restroom facilities at all times
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during the term of this Lease Agreement. Specifically, if the City Manager
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rrGf ,j� receives any complaints about the cleanliness of the restroom facilities and if his`1���r
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etiia�' t f«« investigation indicates that the facilities are not being cleaned and maintained on some
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City Manager
t rt systematic basis, the Ci right to instruct the Parks and
%sc4 y�INN 9 shall have the g
n� ) Recreation Department of the Landlord to make periodic inspections of the restroom
sr facilities during ordinary patrols of the public beach area. If the inspections of the
employee of the Parks and Recreation Department show some condition that should be
immediately remedied, the Tenant agrees that whatever person is in charge of the ;'
�, • fishing pier complex (as the agent of the Tenant) shall immediately accept any
statements or recommendations of the employee making the inspections and shall do
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whatever is necessary to correct the condition in the public restroom, to the satisfaction
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of the employee.
(d) The Tenant shall keep the public restrooms at the pier building open ) '
twenty-four (24) hours each day for use by the public generally and the Tenant shall F�
qit 4, 4 1 1.
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not have the right to restrict the use of said public restrooms to patrons of the fishing
pier.
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IX.
ALTERATIONS '
�g
s,� `�`M 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 ,...
which shall be readily removable without injury to the premises.
tito ?OJT!{. X.
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UBLITIES
The Tenant agrees to furnish at his own expense his own heat and air
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, d�]�a .j l -' .. .. ✓ 'fin'.r`f`�`,
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conditioning (if desired) and to pay for all water, as, electricity,
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y ,�'YMi�i7Y4}.T
9 , sewer service and other
d i
n or upon the de a utilities used or consumed in premises during the term hereof as tlK
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and when the charges for the same shall become due and payable.
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GARBAGE DISPOSAL
The
a e Landlord, as a municipality, shall have no obligations whatsoever to furnish
4Y4 any type of garbage collection or garbage disposal service to the fishing� ol g pier complex
'1 or to an
e y type of business operation conducted on said fishing
d g pier complex.
t Specifically, the Tenant agrees to furnish all
types of garbage disposal services
required at the fishing pier complex at his own expense and shall provide suitable
f garbage cans and garbage containers. As to the type of garbage collection and
garbage disposal service furnished by the Tenant, the City Manager shall have the right I
to approve the quality and frequency of same.
y �r QQMPLIANCE WITH PUBI r e
C UTHORITIES �{
Tenant agrees to comply with all rules, regulations and requirements of any
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
demised premises insofar as the same may relate to Tenant's use of said premises
tSfr during the term hereof.
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OB-CATION OF TENANT TO PAY TA
XES
The Tenant shall pay each and every type of realProperty
tax, sales tax, admission tax, ad valorem tax and tax, personal property
excise tax assessed, levied or
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imposed against any part of the fishing
r4 ,y x g pier complex or against the business
� nikM1Frzlx=�ZM1. 4T'i�°
9qf ^ r` b the Tenant on the fishing operated
y t g pier complex.
XIV.
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INSURANCE
tw = Tenant shall purchase insurance coverage in the amount of One Million Dollars
-.
($1,000,000.00) per occurrence insuring the Landlord for product liability,
ty, public and
r'`15E ��;T��' general liabilit
y ty and Property damage,
�;r p pe d , and for any injuries which occur in or on the
leased premises. Further, Tenant agrees to indemnify '
Landlord from any and all
r claims, causes of action or arising out of the
judgments
Tenant's operations on the � `leased premises and pursuant to this Lease Agreement. On the yearly annivers
lY� ary of
t 'J this Lease Agreement Tenant shall provide Landlord a Certificate of Insurance
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#z indicating insurance coverage for these purposes for the amount of One Million Dollars
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($1,000,000.00) in the aggregate. The Landlord shall be named insured on said r;
4 �
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Tenant x
r;zl y will also provide for employee workers' compensation insurance with
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f employer liability in the standard amount as determined by the State of Florida. A copy
a
of said Certificate of Insurance will be furnished naming Landlord both as a certificate
holder s nd an additional insured entity. '-
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XV.rr r� rF@., ertrF '
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,n NAS,ap°t
; yi Y" " ' � DANCE COMP I NC
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Tenant agrees not to do or permit
" anything to be d one on said premises, or keep
{ D ran anything therein ' increase the rate of
which will inc
hazard insurance premiums on the
improvements, or any part thereof, or on property kept therein, or conflict with the
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regulations of the fire department or with any insurance policy upon said improvements
lit
�yr�;ynAy'yK c.,ail lti r.,, r
or any part thereof. In the event of any increase in insurance premiums resulting from
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Sit Tenants occupancy of the re rxr premises, or from any act or omission on the part of Tenant,
ik ,tW Tenant acrees to pay said increase in the i re
i
insurance premiums on the improvements or
contents thereof as J additional rent. Tenant agrees to maintain, for his own protection, s
7F
such fire insurance on his own "
personal property as he may r�
J�c�{� ✓h�, y desire; and to indemnify
and hold harmless the Landlord from andagainst
., ny aims whatsoever for any
R 'v` damage to or loss to Tenants
personal property from fire resulting from an
ry n s y cause
whatsoever.
XVI.
r
3 , ° 12ESTRI LCTION OF PR M S t
N
f"�1dn S
` r It is understood and agreed that if damage by fire, storm, hurricane n case o
other elements, Tenant will give immediate
Mu, r 9 mediate notice thereof to Landlord and if only Yn"�
" t y a part
�{" of said premises shall be anti damaged, but not so as to render the premises wholly
untenantable, the rent shall abate d a
Proportionately n the Landlord shall commence
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within reasonable time after notice, to repair the same at its own cost and expense and
,
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i J t/^�✓ y .r- ,. _ { ": 1. `fx"it n J aq a+"v Iyr a
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t 'r7t Y ?:^4 Y lt�tYy a �A•rl 'r'"` d:"
ie ead+dqu;r�
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+rtcil, 7� N<wr tl
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rr'{ art complete said repairs with due and reasonable diligence. If the damage shall be so
1 x' extensive as to render the said premises wholly untenantable, the rents shall cease
I ,bN �,fl s5'.A
^" from the time Landlord shall be notified by n o such damage until said Tenant 9 premises
$iw< 'zr are restored to a tenantable condition, at which time the rent shall begin to run again
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and be payable as before the damage; provided however, that if damage is so
extensive as to render the premises wholly untenantable, or to necessitate the
x=� h w rebuilding of the entire fishing pier complex or erection of a new fishing pier complex on
,
Yp the site, the Landlord may terminate this Lease Agreement upon written notice to the
Tenant.
IM1Y�Y`rp> fi YL'fk+ 'e�
MI.
1� � Sri✓>�! 1
LIENS
Tenant covenants and agrees that he has no power to incur any indebtedness # 9
-giving..a right-to a lien of any kind or character upon the right, title and -interest of
°fa Landlord in and to the property covered by this Lease Agreement, and all persons
.
IN-J.Y1 rc "5 l..
Fr' e �G agents or
, or to his a contracting with Tenant, or furnishing materials or labor to Tenant
r $' � r g
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Irr servants, as well as all persons whomsoever, are herewith put on notice of Tenant's
kr�` lien premises as a result limitations. In the event any mechanic's lien is filed against the premi i
r
C 1 tit, �P of repairs, alterations additions or improvements made by Tenant, Landlord, at its
{y
PrhY� >rn4 T# iL
�bc ° x option, after thirty (30) days' notice to Tenant, may terminate this Lease Agreement,
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ut ; tip` may pay the said lien without inquiring into the validity thereof, and Tenant shall
forthwith reimburse Landlord total expense incurred by Landlord in discharging the t
said lien, as additional rent hereunder.
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r �iYTy �ca•� XVIII.
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CARE OF PR_ EMIRS
Tenant further agrees: (a) that all repairs and/or alterations and improvements
xw;a�re'rs #k which he is obligated or permitted to make shall be made in a good and workmanlike
manner; (b) to keep the premises in good healthful and clean conditions; (c) to keep
t' till.t the public areas and approaches to the fishing pier complex free from all boxes,
7 7j{S,b
cartons, merchandise, rubbish or materials of any description; (d) not to burn any
rubbish or materials of any description upon the leased premises.
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I
XI
ts�
BANKRUPTCY
c � Tenant agrees that if Tenant shall make any assignment for the benefit of
{ . hf creditors or shall be adjudged bankrupt, or if a receiver is appointed for Tenant or his
i�
assets or of Tenant's interest under this Lease Agreement and the appointment of such
receiver is not vacated within five (5) days then Landlord may, upon giving Tenant ten
(10) days' notice of such election, terminate this Lease Agreement as in the case of a
violation by Tenant of any of the terms covenants or conditions of this Lease
'�"Afyir,
Agreement as hereinafter provided. `
ALk Ih�`4b i'ly t i{ 4Y�
F"FY9M1t�r be� DEFAULT
It is understood and agreed that in the event Tenant violates any of the terms,
covenants or conditions in this Lease Agreement on his part to be performed, and such
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violation continues for five (5) days after written notice to Tenant in the case of non-
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gr
lrn t°i PA,V,
,
,
mac-
r' payment of rent or ten 10 days after written notice to Tenant in case of any other
•t�
k violation, then, at the option of Landlord, Tenant's right to possession of the demised
r`r A�`"r i7K r1 .liC t 'i
premises shall thereupon terminate upon Landlord giving Tenant ten (10) days notice
F i
q�r
rt'T;J C of election to on o
exercise such option. Thereafter any retention possession by Tenant
shall constitute a forcible detainer of said premises and
Tenant hereby grants
Landlord full and free entrance to, into or upon said premises or an
9?
y part thereof, to
take possession thereof, with or without process of law, and to expel and remove
>3r Y hk o r
Tenant or any other person occupying said remises or an
P PY• 9 p y part thereof, and Landlord
entry may repossess itself of said premises as of its former estate, but said ent of said
y
premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a
forfeiture of rent due by virtue hereof nor a waiver of any covenant, agreement or
frl writ
promise in this Lease Agreement contained to be performed by Tenant. t �'
i by , 3P3
!u # 1
°
INDEMNIFICATION A AINST CosT r
a S AND CHARGER "4
In the R h7 event the Landlord is compelled to incur any expense in collecting 9`4i1.
n yrt
g any
r,J sum of money due under this Lease Agreement for rent, or otherwise, or in the event
suit shall be brought by the Landlord for the purpose of evicting or ejecting the T
enant
from the leased premises, or if suit be brought by the Landlord for the purpose o '�
fi
compelling the payment of any other sum which should be paid by the Tenant under
M tr, the terms hereof, or for the purpose of enforcing performance by the Tenant of any of
rP � �,
the several agreements, conditions and covenants contained herein, the Tenant
covenants and agrees to pay to the Landlord all expenses and costs of litigation,
rr+ ;r' t';• .; :t
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. y — - _
i q �IQ. 3k ry1 Ya .n V
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3 may. �t�04 4 PT
,+viY
i.
, tttifr �>h+ .l
.. .. , `....... includinga reasonable attorney's fee for the Landlord's a ;
attorney,
y, provided SUCK SUIt
terminates in favor of the Landlord. Any sums due under the terns and provisions of r{ F'e , 7 e azfi h'i
this paragraph shall constitute a lien against the interest of the Tenant in the premises ti
x nr �S+h ik' and his property
y� "a4�fr� P P thereon to the same extent and on the same conditions as delinquent
rent would constitute a lien upon said premises and property.
It
IN
XXII.
n
yI�i�'i ,� � IJOLDINGOVER
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
x`$r Mr
,F U;tttrxi s Lease Agreement with Landlord, such holding over shall not constitute a renewal or
F
extension of this Lease Agreement. Landlord may, at its option, elect to treat Tenant
e:
as one who has not removed at the end of his term, and thereupon be entitled to all the
remedies against Tenant provided b law in that situation, or Landlord may elect, at its
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,9ttw 2` n
that event Tenant shall pay monthly rent in advance at the rate provided herein as
Y3, effective during the last month of the demised term.
XXIII. t
EMINENT DOMAIN
If the property or
any part thereof wherein the demised premises are located
shall be taken by public or quasi-public authority under any
power of eminent domain or "
4i�k�-e�tia,
kr >s4, condemnation, this Lease Agreement, at the option of Landlord, shall forthwith
, t
16 r ,
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fit Yi�'i�t
p
77
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} MM Ax
k1�z S y.
J �y
4t+ yf �y"tx lFf >Y�r
it w�'tF;ta Vyi "rat xl a}, Ii.H'ik� hiy�l"y
1 ry 4 £ !
1
K \ p
ttk 4kO,l„ terminate and Tenant shall have no claim or interest in and to any award of damage for
such taking.71
, 2
yy
XXIV.
NOTIC ES
" " x Any notice required to be given by the Landlord may be served on the Tenant
y k
personally or by certified mail addressed to the Tenant at the fishing pier complex,
v 1 P bF�eJ! � iris r�.k
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
t
Manager personally or by certified mail addressed to the Landlord at the City Hall,
1}iY�! ri+a
Dania, Broward County, Florida. ,t
t,�'y' vt rah°I i
*i "z' NO WAIVER t BY LANDLORD
WIN",
A waiver by the Landlord of any breachor breaches by the Tenant one
nant of an
.s�
r
or more of the covenants or conditions of this Lease Agreement shall not bar the
C`n
i " enforcement of any other rights or remedies of the Landlord for any subsequent
4:
breach of any such or other covenants and conditions. -=
XXVI. k
1
t11 f a gytit$I SPECIAL PROVISIONS w71y s.
(a) Tenant agrees that residents of the City of Dania will be given the right of
40. first refusal for employment in the business to be operated by Tenant in and about the
eO» l- ah kro a,a�,rti�.
17
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F �!' art";��£�4•
M y
f. b!
:. rT. `e�6i `s Ty` .,> .. '• , �' ...__. _ T nt �''�c 2'�L.0
r. a✓rf y� ,X�Y
u§1's 4.1 4e
i
ibt+yyit'�
a,� ;
h� S1a fishing pier complex; however, Tenant shall not be required to hire an
y Particular
ANC at 4r
person or persons regardless of residence.
„ 5 (b) Tenant understands and agrees to provide free parking for fishing P 9 g patrons
with bait and poles, line in water. Free parking shall also be provided for six (6)
Y i nip I:r T 'FK
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 gear in
hand, shall receive a free parking permit from the pier manager to cover the time the
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
e `
R
wine for consumption only on the leased premises. No beer or wine shall be consumed
K7 ,z
i r 1Ia �i{k.
.p
on the beach area beneath the ier.
Fti,resA T`y,
-(d1--Tenant may-not change the name of the subject facility except by written
1
h `y approval from the Landlord.
v '
, ��( \ (e) Tenant shall purchase for sale to the public only fresh foods of a quality
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
�Jsu rt, urh
s oh l;
,< insured and bonded suppliers.
(t) Notwithstanding anything herein contained to the contrary, Tenant shall
9 yt 9 ! ,I
,p' '} Mw1`
t} q� 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.
s o M! r t
1 �
18
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�srr" l i �" XXVII.
+t
ENTIRE AGRE MFNT
W It is agreed that the within provisions constitute the entire agreement between
K3 trrt the parties, and no modifications, amendments or changes therein shall be valid unless
sxbry+ a', "sj the same are in writing attached to this agreement and duly executed by all of the
9
parties herein,
'
XXVIII.
x LANDLORD'S RJQHT To TERM1 LEASE RE M Nr
�t {a Notwithstanding anything herein to the contrary, Landlord expressly reserves
4yt,y,{� x the right to cancel this Lease Agreement in its sole discretion and without cause upon
f' t �`_
giving written notice to Tenant at least one hundred twenty (120) days next preceding j
1 idd��'`4nr
,t � 'n�g,7~�„fit• the effective date of such cancellation. `
IV
IN WITNESS WHEREOF,.the-parties hereto have caused these presents to be v�
'•'�4' �tM
.
executed the day and year first above written. ) t'
,YkYr.?cMr X CITY OF DANIA, a Florida municipal P
Corporation, Landl
ATTEST:
ALV � •AF '� ' �� µ
By. G+'C �/ it Pam✓
°g`�j'"` Mayor- Co mi loner
Acting Ci lerk-Auditor
Ro rt J F. Flatleyr Ma r City
x, n sF? PIER MANAG
APPROVED AS TO FORM AND INC., Tenant
" 9� ^r CORRECTNESS B
' wi< �il7tThulnZannucci, President
2, �/
Frank C. Adler, City Attorney
Donald V. Streeter, Vice President
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f' Brow: (305) 927-4404 Dade: (305) 625-0509
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