HomeMy WebLinkAboutR-1996-019RESOLUTION NO. 19.96
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE 1996 LEASE AND LICENSING
AGREEMENT BETWEEN THE CITY OF DANIA AND THE
BOARD OF REGENTS OF THE STATE UNIVERSITY
SYSTEM OF FLORIDA, INC., OF THE SEAFAIR
PREMISES FOR A 50 (FIFTY) YEAR TERM AS
ACCEPTED BY THE ARAGON GROUP, INC,; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA.
Section 1. That the 1996 Lease and Licensi ng Agreement between the City of
Dania and the Board of Regents of the State University System of Florida of the Seafair
premises for a 50 (fifty) year term as accepted by the Aragon Group, lnc., is set forth in
Exhibit "A" and all attachments hereto are made a part hereof, and the same are hereby
approved.
Section 2. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED THIS 27th DAY OF FEBRUARY, 1996.
MAYO ISSIONER
ATTE
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
R
CITY ATTORNEY RESOLUTION NO. 19-96
1996 LEASE AND LICEXSINGACREE!4ENT
THIS 1996 LEASE AltD LICENSING AGREEMENT made and entered into this
day of 1996, by and between the CITY OF DANIAs a Florida municipal
corporation (hereinafter referred to as the "City of Dania") and the Board ofRegents ofthe State
University System ofFlorida (hereinafter referred to as the "Regents"),
WITNESSETH:
The City of Dania for and in consideration of the mutual covenants which are hereinafter
stated and in further consideration ofthe srm ofTen and 00/100 Dollars ($10.00) paid by each ofthe
parties to the other and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, IT IS MUTUALLY AGREED AS FOLLOWS:
l. Lease. The City of Dania does hereby lease and/or license to the Regents, and the
Regents do hereby lease and/or license from the City of Dani4 the following described property
situate, lfng and being in Broward County, Florida, to wit:
Block 203 and that portion of Ocean Drive adjacent to Block 203, in HOLLYWOOD
CENTRAL BEACI{ according to the plat thereofrecorded in Plat Book 4, Page 20,
Public Records of Broward County, Floridq LESS that portion of Ocean Drive
adjacent to Block 203, as shown on State Road Department Right of Way Map,
Section No. 86514-2601; and
That portion ofFifty-first Street (Cambridge Street) adjacent to Block 203 as shown
on said Plat of HOLLYWOOD CENTRAL BEACH, lying East of Ocean Drive as
shown on State Road Department Right of Way Map, Section No. 8603-175; and
That portion of Neu fuver Sound as shown on said plat of HOLLYWOOD
CENTRAL BEACH, de'cribed as follow.
Commencing at the Northeast comer of said Block 203, run Southeasterly along the
East line ofBlock 203, a distance of 53.45 feet, more or less, to the North face of an
existing bulkhead and a pgu!-af-b9g!!ni!C thence, run Easterly along the North face
ofsaid bulkhead 186.66 feet, more or less, to the West face ofan existing bulkhead;
thence, Northerly along the West face ofsaid bulkhead 864 feet; thence, Easterly at
right angles to said Northerly bulkhead 84.46 feet, more or less, to the West face of
a concrete strip for parking meters; thence, Southerly along the West face of said
concrete strip extended 1,011.03 feet, more or less, to a Northerly right ofway line
of State Road A-l-A as shown on State Road Department Right of Way Map
Section No. 8603-175; thence, Westerly along said Northerly right of way 248.19
feet, more or less, to the Eas line of said Block 203, thence, Northwesterly along said
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East line 150.00 feet, more or [ess, to the pqin]Lollbgginling, said lands situate, lfng
and being in Broward County, Florid4
together with the following described property situated, llng and being in Broward County, Florid4
to wit:
FAU PARCEL ''A''
Block 203 and that portion of Ocean Drive adjacent to Block 203, in Hollywood
Central Beach according to the Plat thereof recorded in Plat Book 4, Page 20, ofthe
Public Records of Broward County, Florid4 less that portion of Ocean Drive
Adjac€nt to Block 203 as shown on State ofFlorida Road Department right-of-way
map, Section No. 88614-2601 and;
That portion ofFifty First Street (Cambridge Street) adjacent to Block 203 as shown
on said Plat of Hollywood Central Beach, llng East of Ocean Drive as shown on
State of Florida Road Department righrof-way map Section No. 8603-175 and;
A portion of New fuver Sound as shown on said Plat of Hollywood Central Beach,
all the above being more particularly described as follows:
Beginning at the Northeast comer of Block 203 of said Plat;
THTNCE S 02" 06' 00" E on an assumed bearing along the East line of said Block
203 a distance of53.45 feet, more or less, to the North face ofan existing bulkhead;
TEENCE S 86" 16' 24" E alongthe North face of said bulkhead and its extension
267.15 feet, more or [ess, to the West face ofa concrete strip for parking meters;
TEENCE S 05" 10' 50" W along the West face of said concrete strip extended
149.24 feet, more or less, to a Northerly right-of-way line of State Road A-lA as
shown on State ofFlorida Road Department right-of-way map Section No. 8603-175;
TffiNCE N 86'29'11" W along said Northerly right-of-way line 248.19 feet, more
or less, to the East tine of said Block 203;
THEI\ICE S 02" 06'00'E along said East line 10.00 feet to the Southeast corner of
said Block 203;
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LEGAL DESCRIPTION
THENCE S 02' 54' 10' E 40.00 feet to a point in the South right-of-way line of
Fifty-First Street (Cambridge Street), said South right-of-way line also being a
Northerly right-of-way line of said State Road A- 1-A;
TEENCE S 87" 26' 35" W along the last described line 243.90 feet to a point on the
Eas line of said Ocean Drive as shown on said Florida Road Department right-of-way
map, Section No. 86514-2601;
THENCE N 03' 56' 3 1" E a.long the said East line 280.47 feet to a point "A" at the
intersection ofthe said East line of Ocean Drive with the North line of said Block 203;
TEENCE S 86" 03'29" 8 along the said North line 215.00 feet to the point of
beginning at the said Northeast comer ofBlock 203 and;
COMMENCING at said Point "A";
TI{F.NCE N 86" 03'29" W a.long said North line 100.00 feet to a point on said North
line being the point ofbeginning;
TEENCE continue N 86" 03'29" W along said North line 128.25 feet, more or less,
to the Northwest comer of said Block 203, being a point on the East line of Canal as
shown on said plat;
TEENCE S 03 " 56' 3 1 " W along said East line of can a[, 265 .61 feet to the Southwest
comer of said Block 203;
TEENCE N 87' 26' 35" E along the South line of said Block 203 a distance of
123.07 feet to a point on the West line of said Ocean Drive as shown on said Florida
Road Department right-of-way map, Section No. 865 14-2601 ;
Tffi,NCEN 03" 56' 31' E along said West line 251.81 feet to the point of beginning;
Said Parcel "A" containing 3.06 acres, more or less
ARAGON PARCEL ''B"
That portion of the New River Sound as shown on the Plat of Hollywood Central
Beach and recorded in Plat Book 4, Page 20, of the Public Records of Broward
County, Florid4 described as follows:
COMMENCING at the Northeast comer of Block 203 of said Plat;
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TEENCE S 02" 06'00'E along the East line of said Block 203 a distance of 53.45
feet, more or less, to the No(h face of said bulkhead;
TEENCE Easterly along the North face of said bulkhead 182.66 feet, more or less,
to the West face ofan existing bulkhead being the point ofbeginning;
THENCE continue S 86' 18' 24" E along on an extension of the North face of said
bulkhead 84.89 feet, more or less, to the West face ofa concrete strip for parking
meters;
TEENCE N 05" l0' 50" E along the West face of said concrete strip 861.86 feet;
THENCE N 84" 49' l0' W 84.86 feet to a point on the West face of an existing
bulkhead;
TEENCE S 05' l0' 50" W along the West fact of said bulkhead 864.00 feet to the
point of beginning.
ARAGON PARCEL ''C"
That portion ofthe following described real property which is within the boundaries
of the legal description of that real property described in the legal description of
Parcel 1 (One) described in the 1952 Deed:
That portion of the New River Sound as shown on the Plat of Hollywood Central
Beach and recorded in Plat Book 4 at Page 20 ofthe Public Records of Broward
County, Florida" described as follows:
COMMENCING at the Northeast comer of Block 203 of said Plat;
Tffi,NCE S 02" 06'00'E along the East line of said Block 203 a distance of 53.45
feet, more or less, to the North face of said bulkhead;
THTNCE Easterly along the North face of said bulkhead I 82.66 feet, more or less,
to the West face of an existing bulkiead;
TEE,NCE N 05" 10' 50" E along the West face of said bulkhead 105.50 feet to the
point of beginning;
TffiNCE continue N 05' l0' 50. E along the West face of said bulkhead 758.50
feet;
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TEENCE N 84" 49' l0'W 165.00 feet;
TEENCE S 05" 10'50" W 758.69 feet;
TSENCE S 86" 16' 24. E 165.05 feet to the point of beginning.
Said Parcels "B" and "C" containing 4 91 acres, more or less'
with all of the above described lands, situate, lying and being in Broward county,
Florida
together with all buildings, fixtures, and improvements located therein or thereon except as
spicifically provided heriin. Anything contained herein to the contrary notwithstanding, it is
,pecincury acmo*ledged that no personal property whatsoever is leased or licensed pursuant to the
terms hereof as all such personal property is the personal property of Aragon and shall be removed
from the Premises a.s soon as reasonably possible subsequent to the Effective Date.
TO EAVE AND TO HOLD subject to the terms and conditions set out herein in this 1996
LEASE AND LICENSING AGREEMENT (hereinafter "Premises")'
2. Initial Term. This 1996 LEASE AND LICENSING AGREEMENT shall be for
a term offifty (50) years, hereinafter called the "Initial Term," beginning on this _ day of
1996 and ending on .2046.
i. Title. The City of Dania does hereby warrant to the Regents that its title to the lands
which are the ubject of this 1995 LEASE AND LICENSING AGREEMENT is subject to those
items set forth onExhibit'f' attached hereto and is as set forth on Exhibit 'A" to the previous lease
dated January 16, l98l by and between Saturday Corporation and the City ofDania, said Exhibit "A"
being recorded in Official Records Book 9396 atPage 748 ofthe Public Records of Broward County,
Florida, and described in paragraph )OilX of said original 1981 lease and which recites that the
exhibit shows the background, basis, premises, history, definitions, legal authorities and beginning
circumstances which form the basis for the 1981 lease and licensing agreement; provided, however,
said title is srbject to srbsequently enacted statutes, rules and regulations ofthe State of Floridq and
any subsequent relevant appellate decision that may affect said title.
4. Submerged Lands. To the extent that any ofthe lands which are subject to this
1996 LEASE AND LICENSING AGREEMENT are located within the boundaries of the lands
acquired by the City of Dania in 1952 by Deed No. 20057 from the Trustees of the Intemal
Improvern€nt Trust Fund of the State of Florida to the City of Dania a Florida municipal corporation,
dared June 6, 1952, and recorded June 9, 1952 at Deed Book 779, Page373, ofthe Public Records
ofBroward County, Florida ('1952 M"), this 1995 LEASE AND LICENSING AGREEMENT
shall be deemed to be an exclusive license or permit running from the City of Dania to the Regents
LEASE AND LICENSING AGREEMENT
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and shall not represent an a$empt on the part ofthe City of Dania to lease any ofthe said lands.
Nevertheless, the exclusive license shall be for exactly the same term ofyears as the lease and any
provisions within the f996 LEASE AND LICENSING AGREEMENT as to the rights of the
Regents at the end of the term, regarding the lease, shall apply not only to the leased lands but also
to any lands which are the $rbject ofthe said exclusive license. The fact that the City ofDania does
not have the apparent authority to lease any ofthe lands falling withh the lands described in the above
described deed and that it has only the authority to grant an exclusive license concerning same shall
not be deemed to be an exception to title. That is, the fact that the Regents are receiving only an
exclusive license as to the lands falling within the lands acquired by said deed shall not be deemed an
exception, or objection, to title.
5. Rioarian Rishts. The lease and licensing ofthe Premises shall include the right
to use all adjacent waterways, canals and water frontage as permitted by the laws ofthe State of
Florida. If any pa( of such adjacent waterways, canals and water frontage lies within the lands
acquired by the City ofDania pursuant to the 1952 Deed, the City of Dania grants the right to dock
or moor any ship, boat, or vessel ofany kind unto the Regents, its agents, guests and invitees for the
general purpose of allowing guests, invitees and patrons ofthe Premises to dock their boats and
vessels along any portion of the leased and licensed Premises which constitutes water frontage.
Anlhing contained herein to the contrary notwithstanding, in no event whatsoever shall the Regents
and/or Aragon exercise or permit to be exercised any rights or benefits provided herein in any manner
whatsoever that causes or results in passage or navigation by boats or vessels to be unreasonably
impeded from and to the New River Sound by and through the East{ est Canal from and to the
Intracoastal Waterway as such bodies of water are identified on Exhibit "Y" attached hereto.
Anything contained herein to the contrary notwithstanding, until December 31,2012 and after
December 31, 2012 unless specifically rescinded by the City ofDania" in no event whatsoever shall
the waterways adjacent to the Premises be used for the docking or mooring of any ship, boat, or
vessel of any kind whatsoever which in any way operateq engages irq or conducts or has the capacity
to operatg eneage irl conduct, and/or permit any person to engage in gambling of any kind or nature
and/or in any manner whatsoever, whether in port or at sea and the docking and/or mooring of any
s:ch ship, boat, and/or vessel ofany kind whatsoever is strictly prohibited at all times. This provision
shall not be modified, altered, and/or amended prior to December 31,2012 without the express
written consent ofThe Aragon Group, Inc., a Florida corporation. in its sole and absolute discretion.
6. gge. The land which is the subject of this 1996 LEASE AND LICENSING
AGREEMENT is currently improved with a retail, restaurant and marina complex. The Regents may
construct additional improvements and may alter, demolish and/or renovate the existing
improvements in its sole and absolute discretion if such activities are related to the operation ofan
oceanographic and/or ocean engineering research and educational institution and/or any other
educational use which in any manner srpports and compliments those uses provided that prior to the
demolishing ofany improvement, whether now existing or subsequently constructed, the Regents
shall demonstrate to the reasonable satisfaction of the City of Dania that improvements of
ubstantially equal quality or functional capacity shall be constructed as soon as reasonably possible
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following any *rch demolition. The Regents shall use the Premises as an oceanographic and/or ocean
engineering research and educational institution, and/or any other educational use which in any
maruler $pports and compliments those uses and all activities related or ancillary thereto. Anything
contained herein to the contary notwithstanding Aragon shall have the right to operate a commercial
marina available to the public and all uses and all activities related or ancillary thereto in the Aragon
License Area only and, during the Aragon License Area Term only; provided Aragon and the
Regents shall not construct any building or structure (during the term of this 1996 LEASE AND
LICENSING AGREEMENT) upon or above the Aragon License Area (Aragon parcels "B" and
'C), which shall exceed one (1) story without the consent and approval ofthe City of Dania and that
consent and approval shall not be unreasonably withheld and that the consent and approval by the
City ofDania will be based upon whether any proposed building h excess ofone story unreasonably
obstructs views, light and/or air from adjoining property owned by the City of Dania" and further said
building or structure shall be subject to the consent and approval of the state agencies having
jurisdiaion. Anything to the contrary notwithstanding, Aragon and the Regents shall be prohibited
from using the Aragon License Area for dry land storage of vessels, whether covered or uncovered,
repairs ofvessels upon the land and major repais ofvessels in the water during the term ofthis 1996
LEASE AND LICENSING AGREEMENT. The above described rights of use are specifically
subject to the following lim.itations:
(a) No restaurant or food service shall be established or operated within the
Premises, except that Florida Atlantic University shall be entitled to operate a cafeteria or dining
facility not open to the public and limited to the use of students, faculty, researchers, employees,
invitees and guests but specifically not available and/or open to or for patrons ofthe marin4 the
general public visiting the beach, and/or the marina and its related facilities. Provided however,
nothing herein shall any way prohibit or be deemed to prohibit in the Aragon License Area the sale
ofsnack fod beverages, and ice to marina customers by vending machines and./or over the counter
service but in no event whatsoever shall there be any table service of any kind.
(b) No retail sales in the Aragon License fuea except for those goods and services
necessary and normally available to physically service vessels at the marina such as marine or boating
equipmemt or related items which are normally available in a commercial marina in Broward County,
Florida; and
(c) To the extent that parking spaces within the Premises are made available for
parking by the general public (which does not include officers, agents, employees, customers and
invitees ofthe marina and/or the research and educational institution) the Regents (and Aragon for
parking spaces within the Aragon License Area) shall charge for such parking an amount not less
than the amount charged by the City ofDani4 Florida at the adjacent parking facility ofthe City of
Dania, Florida. Anythins contained herein to the contrary notwithstanding parking for officers,
agentq anployeeg customers, students and invitees ofthe marina and/or the research and educational
institution is not srbject to this restriction in any way whatsoever.
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ln mnnection with the use of the Premises by the Regents during the term of the f 996 LEASE ANI)
LICENSING AGREEMENT, the City of Dania, Florida agrees that the municipal zoning
ordinances ofthe City ofDania and any land use plan, including but not limited to any land use plan
or similar plan adopted pursuant to the Local Government Comprehensive Planning and Land
Development Regulation Act @art II of Florida Statute Chapter 163 and any and all amendments
thereto) of the City of Dania, Florida permit and allow each and every use authorized by this 1996
LEASE AND LICENSING AGREEMENT or that as soon as reasonably possible it will enact the
type ofzoning or grant an o<ceptional permit, variance permit, nonconforming use permit or special
exception use permit as required as a prerequisite to the operation of any of said permitted uses,
provided, however, the City of Dania shall require reasonable conditions for the construction ofa
fueling facility to protect the environment, the public, students, real and personal property, by
requiring necessary safeguards to prevent unreasonable and adverse exposure from such facility.
Regents and the City ofDania acknowledge and agree that a special exception pursuant to the Code
ofOrdinances ofthe City ofDania to permit the use ofthe Premises for an educational use ("Special
Exception") is required in order for the Regents to make use ofthe Premises as contemplated herein.
In the event any ancillary or related use or contemplated improvement requires the approval of any
other govemmental entiry, theq in that event, the City of Dania" Florida" and in the event the City of
Dania, Florida is not then the Landlord pursuant to this 1996 LEASE AND LICENSING
AGREEMENT, the Landlord pursuant to this 1996 LEASE AND LICENSING AGREEMENT
shall assist and cooperate with the Regents relative to any such required approvals.
(d) Anything contained herein to the contrary notwithstanding, in no event whatsoever
shall the Premises be used by any person in any manner whatsoever to engage in gambling, of any
kind or nature whatsoever. Prior to December 3 I , 20 I 2, this provision shall not be modified, altered,
and/or amended in any manner whatsoever without the express written consent ofboth the City of
Dania and The Aragon Group, Inc., a Florida corporation, in their sole and absolute discretion and
after December 31, 2012 without the prior written consent of the City of Dania, in its sole and
absolute discretion.
7. Rent and Service Fee. The rent to be paid to the City of Dania by the Regents for
the Initial Term shall be paid not later than Forty (40) days subsequent to the Effective Date and
thereafter, on or before each and every anniversary date of this 1996 LEASE AND LICENSING
AGREEMENT, and shall be the sum of Twenty-Seven Thousand and 00/100 ($27,000.00) U.S.
Dollars ('Service Fee") which sum shall be adjusted every fifth (5th) anniversary date by an amount
equal to the increase in the Consumer Price Index (CPI Wage Eamers and Clerical Workers -
Mami/Fort I auderdale Area (1982-1984=100) from the anniversary date hereofto the anniversary
date in question.
8. Additional Rent. In addition to the Rent set forth in Paragraph 7 above, the
Regents shall cause Florida Atlantic University (.'FALI) to provide technical consulting services to
the City ofDania equal to the srm of ffirty Thousand and 00/100 ($30,000.00) Dollars per year for
a period of ten (10) years commencing on the Effective Date of this 1996 LEASE ANI)
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LICENSING AGREEMENT which shall be deemed Additional Rent. The technical consulting
services shall be provided by the FAU's Coltege of Urban and Public Affairs (including the
Departments of Urban and Regional Planning and Public Administration) and the FAU/FIU Joint
Center for Urban and Environmental Problems and the Center lor Urban Redevelopment and
Empowerment. Technical and consulting s€rvices may include, but shall not be limited to, the
following subject matter areas: comprehensive planning, economic development studies and
assistance, urban and regional planning, employee training, intemships, both at undergraduate and
graduate levels, design ,rssistance, site plan assistance, public surveys, demographic research and
gant writing. The Additional Rent obligation set forth herein shall be pursuant to and in accordance
with the standard terms and conditions then in effect and utilized by FAU relative to similar requests
for services from Florida municipal corporations and as more particularly described in the letter from
Carla Coleman to the City Manager of the City of Dani4 Florida, a Florida municipal corporation,
dated February 5, 1995, a copy of which is attached hereto as Exhibit ')('. It is acknowledged that
such standard terms and conditions may require the City of Dania to pay for any and all actual out
ofpocket costs, fees, and/or expenses incurred by FAU incident to such consulting services. Each
lease year shall be an independent accounting period relative to this Additional Rent obligation, such
that the City ofDania will be obligated to pay and shall pay for any consulting services requested of
and received from FAU in excess of Thirty Thousand and 00/100 ($30,000.00) Dollars in any lease
year. In the event the value of the consulting services provided in any lease year is not equal to or
greater than Thirty Thousand and 00/100 ($30,000.00) Dollars, theq in that event, any unrequested
and/ or unprovided portion of said Thirty Thousand and 0O/100 ($30,000.00) Dollars Additional Rent
shall be carried forward and/or allocated to any future lease year. For the purposes ofthis Paragraph
8, a lease year shall be that period of time from the Effective Date hereofor the anniversary date of
the Effective Date hereofto that date one day prior to the anniversary date ofthe Effective Date of
this 1995 LEASE AND LICENSING AGREEMENT.
(a) Aragon License Area. Anything contained herein to the contrary
notwithstanding commencing with the term of this 1996 LEASE AND LICENSING
AGREEMENT and ending on December 31,2012 (" Aragon License Area Term"), the Regents shall
provide to The Aragon Group, Inc., a Florida corporation ("Aragon"), and/or any party designated
by Aragon, the sole and exclusive right to use and occupy those marina slips, the parking area, and
the office facility outlined and identified on the site plan ofthe Premises attached hereto as Exhibit
"Y" (hereinafter referred to as the "Aragon License Area"). The right of Aragon to use and enjoy the
Aragon License Area shall be free ofany charge except utilities which shall be independently metered
and paid for by Aragorl or, ifit is not possible to independently meter any such portion ofthe Aragon
License Area, therl any such service shall be provided by the Regents at the actual cost of such
utilities to the Regents and paid for by Aragon. Except as specifically provided herei4 any party
exercising the right to the use and enjoyment ofthe Aragon License Area shall comply with and abide
by all reasonable rules and regulations relative to the use thereof Aragon shall have the right to
conduct a commercial mariru operation in and upon the Aragon License Area and Aragoq in the sole
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9. Marina Use and Operating License.
and absolute discretion of Aragon, may conduct a commercial marina operation in and upon the
Aragon License Area wherein the subject marina slips are rented to members ofthe public pursuant
to and in accordance with any fee or rental schedule determined by Aragon in its sole and absolute
discretion and goods and services permitted in the Aragon License Area during the Aragon License
Area Term purs:ant to Paragraph 6 ofthis 1996 LEASE AND LICENSING AGREEMENT shall
be available. Aragon shall make no use ofthe Aragon License Area other than as a commercial
marina for service to the general public. In any and all events Aragon shall make no use ofthe
Aragon License Area which is in material conflict with the educational use ofthe remaining portion
of the Premises by the Regents. The Aragon License Area shall at all times be maintained by Aragon
in good, serviceable, neat, clea4 and presentable condition consistent with the standards ofthe
marina industry in Florida. In regard to the Aragon License Area, Aragon shall have all of the rights
and benefits provided to and for the Regents pursuant to this 1996 LEASE AND LICENSING
AGREEMENT, including, but not limited to, the terms and conditions of Paragraph 5 captioned
..Rioarian Rights." Paragraph 6 captioned "use," Paragraph l1 captioned "utilities." Paragaph
24 captioned "ElqiucnllDellain," and Paragaph 26 captioned "Easements"' and Aragon shall have
the right to assign all ofits right, titte, and interest in and to the within agreement as collateral, to any
type of lender ior the purposes of securing a loan or loans for improvements or operations ofthe
marina. Aragon, in the use and enjoyment ofthe Aragon License Are4 shall comply with all valid
governmental regulations, statutes, ordinances, rules and directives of the federal, state, county, and
municipal governments having jurisdiction over the Aragon License Area and/or any activity and/or
busineis bling conducted thereon. Anything contained herein to the contrary notwithstanding the
provisions ofthis Paragraph 9 shall continue in full force and effect during the Aragon License Area
1.., "r originally contemplated herein and the early termination of the 1996 LEASE AND
LICENSE AGREEMENT for any reason whatsoever shall have no effect on the rights and benefits
of Aragon pursrant to this 1996 LEASE Al{D LICENSE AGREEMENT. The rights and benefits
of Aragon as set forth herein shall be deemed the only remaining rights and benefits of Aragon
prrr.u-i to the 1981 Lease and License Agreement. Notice is hereby expressly given to any party
contracting with Aragon, The Aragon Group, Inc., a Florida corporation, its successors or assigns,
pursuant to Florida Statutes Chapter 713 that said third party shall not be entitled to file any type of
claim of lien for any constructiorl improvement upon any non-governmental interest claimed by The
Aragon Group, Inc., a Florida corporatiorL its successors or assigns, pursuant to the Marina Use and
Opeiating License or any other provision ofthis Agreement. Notwithstanding anything herein to the
contrary, Aragon's licinse and property rights shall be subject to ad valorem taxes if applicable
pursuant to Florida law in effect at such time.
(b)RightofFintRefusal.IntheeventAragonatanytimeortimesduring
the tefln of this 1996 LEASE AND LICENSING AGREEMENT desires to sell, transfer, s€t over,
and/or assign for consideration the use ofthe fuagon License Area, Aragon shall give notice thereof
to the City-ofnania (t{otice Recipient"), which notice shall state that Aragon desires to assigt the
Aragon License Area and stull further state the desired effective date of any assignment, as the case
."fb" 1*hi"h effective date shall in no event be earlier than Ninety (90) days following the giving
of such notice) ("Right of First Refusal Notice").
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Erecutioo Copy/Februery 16, 1996
j:\aE8on\Be.t€ct3.&aft
Page 10
In addition to the items specified abovg any Right ofFirst Refusal Notice to Notice Recipient
shall state the name and address ofthe proposed assigrree, contain the pertinent terms and conditions
of zuch proposed assignment ofthe Aragon License Are4 and enclose therein a copy ofthe executed
offer fior said assignment ofthe Aragon License Area. Such Right of First Refusal Notice shall be
deemed an offer from Aragon to the Notice Recipient whereby Notice Recipient may, at its optiorL
become the assignee on the terms and conditions stated in such Right of First Refusal Notice. Said
option shall be exercised by Notice Recipient by written notice to Aragon at any time within Sixty
(60) days after such Right of First Refusal Notice has been given by Aragon to Notice Recipient
("Right of First Refusal Review Period"); and during such Right of First Refusal Review Period,
Aragon shall not assign this Aragon License fuea to any person whatsoever.
If Notice Recipient exercises its option to accept the ofer set forth in the Right of First
Refusal Notice, then, in that event, Notice Recipient shall noti$ Aragon. Notice Recipient's
acceptance ofthe offer set forth in the Right of First Refusal Notice must be delivered to Aragon
during the Right of First Refusal Review Period. If Notice Recipient has elected to accept the offer
set forth in the Right ofFirst Refusal Notice, then, in that event, Notice Recipient shall execute a
contract and/or agreement to assigr and/or sublet all or substantially all ofthe Aragon License Area
and shall consummate such contract and/or agleement, on the same terms and conditions as those
contained in the Right of First Refusal Notice.
In the event Aragon has provided the Notice Recipient the Right of First Refusal Notice as
above providd Aragon may consumrnate any such assignment of the Aragon License Area pursuant
to the terms and conditions set forth in the Right of First Refusal Notice, within a period of One
Hundred Eighty days (180) srbsequent to the expiration ofthe Nght ofFirst Refusal Review Period,
unless, within the Right of First Refusal Review Period, Notice Recipient has notified Aragon of
Notice Recipient's election to accept the offer set forth in the Right of First Refusal Notice. In the
event Notice Recipient has not elected to exercise its optioq Aragon shall not assign the Aragon
License Area to any party other than the party designated to Notice Recipient in the Right ofFirst
Refusal Notice or the Regents pursuant to the Regents' Second Right ofRefusal set forth below or
pusuant to any terms and conditions that materially vary from those contained in the Right of First
Refusal Notice without again providing to Notice Recipient the Right of First Refusal Notice and
complying with the procedure relative thereto set forth herein.
(c) Second Right of Refusat. Any Right of First Refusal Notice required to
be delivered herein shall simultaneously be delivered to the Regents ('Regents Notice")' Such
Regents Notice shall be deemed an offer from Aragon to the Regents whereby the Regents may, at
its optiorl become the assignee on the terms and conditions stated in such Regents Notice subject to
the prior and superior rights of the Notice Recipient ('Regents Otre/). In the event the Notice
Recipient has not elected to accept the offer set forth in the Right of First Refusal Notice, therl
Aragon shall advise the Regents that the Notice Recipient did not elect to accept the offer set forth
in the Right of First Refusal Notice within Tkee (3) business days subsequent to the expfuation of
the Right of First Refusal Review Period ('Nonelection Notice"). Thereafter, the Regents may
LEASE A}ID LICENSING AGRE,EMENT
Erecutbn Copy/Febnrary 16' 1996
j :\rragods€{fec$3.&"afr
Page 11
exercise its option to accept the Regents Offer by written notice to Aragon at any time within Three
(3) days after srch Nonelection Notice has been given by Aragon to the Regents ("Regents Review
Period'); and during the Regents Review Period, Aragon shall not assign the Aragon License Area
to any person whatsoever. Ifthe Regents exercises its option to accept the Regents Offer, then, in
that event, the Regents shall noti$ Aragon ofthe Regent's acceptance of the Regents Offer which
must be delivered to Aragon during the Regents Review Period. Ifthe Regents has elected to accept
the Regents Offer, then, in that event, the Regents shall execute a contract and/or agreement to assign
the Aragon License Area not later than Seven (7) days subsequent to the expiration ofthe Regents
Review Period and shall consummate such contract and/or agreement on the same terms and
conditions as those contained in the Regents Notice.
In the event Aragon has provided the Regents the Regents Notice and Nonelection Notice
as providd Aragon may consummate any such assignment the Aragon License Area pursuant to the
terms and conditions set forth in the Regents Notice, within a period of One Hundred Eighty ( 180)
days subsequent to the expiration ofthe Right of First Refusal Review Period, unless within the
Regents Review Period, the Regents has notified Aragon of the Regent's election to accept the
Regents Offer. In the event the Regents has not elected to exercise its option, Aragon shall not assign
the Aragon License Area to any party other than the party designated to the Regents in the Regents
Notice or pursuant to any terms and conditions that materially vary lrom those contained in the
Regents Notice without again providing to the Regents the Regents Notice and complying with the
procedure relative thereto set forth herein.
(d) Anything contained herein to the contrary notwithstanding, any sale, transfer
or assignment of the Aragon License Area shall be subject to the express written consent and
approval ofthe Regents which consent and approval shall not be unreasonably withheld.
(e) Aragon shall provide at its sole expense continuous Marina Owners Legal
Liability Insrrance coverage with minimum limits of $500,000.00 for personal injuries involving one
persoq $1,000,000.00 for personal injuries resulting from any one accident and $100,000.00 for
property damage. The insurance coverage required shall include those classifications as listed in
standard liability manual, which most nearly reflect the Marina operations of Aragon. All insurance
policies required above shall be issued by companies authorized to do business under the laws ofthe
State of Florida and reasonably acceptable to Regents and Dania. Aragon shall furnish certificates
of insurance to the Regents and Dania on or before the first day ofthe Initial Term of this 1996
LEASE AND LICf,NSING AGREEMENT and policies within 60 days thereof which shall clearly
indicate that Aragon has obtained insrance in the type, amount and classifications required for strict
compliance with this 1996 LEASE AND LICENSING AGREEMENT. No material change or
cancellation ofthe insurance shall be effective without Thirty (30) days prior written notice to the
Regents and Dania. Said policies of insurance shall specifically declare the Regents and Dania as an
additional named insred. Renewal certificates or appropriate riders shall be fumished to the Regents
and Dania from time to time during the Aragon License Area Term such as will demonstrate
continuous coverage during the term hereoi
(0 Aragoq at its o<pense, shall purchase and keep in full force and effect during
the entire Aragon License Area Tenn, fire and extended coverage insurance on any improvements
Page 12LEASE A}ID LICENSING ACREEMENT
Erecution Copy/Fcbruery 16, 1996
j :r6ragoat arech3. drrfl
constructed on the Aragon License Area as well as on all fumihre, furnishing, fixtures and equipment
situate thereon and including all replacements thereof in amounts equa.l to eighty percent (80%) of
insurabte value. Said policies and certificates of insurance thereon shall be fumished to the Regents
and Dania from time to time so as to demonstrate continuous coverage during the term of this
agreement. Said policies shall be written for the benefit ofthe Regents, Dania, and Aragon.
(g) ln the event ofdestruction ofor damage to the Premises covered by insurance,
the funds payable pur$ant to said insurance policies shall be used for the purpose of reconstruction
or repair as the case may be of any ofthe buildings, improvements or personal property so damaged
or destroyed.
(h) If it should prove impossible or impractical for Aragon to obtain insurance
coverage as required by Sections 9(e) and 9(f) above, either because no reputable insurance company
will insure the risk in whole or in part, or the premiums for such insurance increase more than one
hundred (100%) percent over the prior year, then, in such event, Aragon may establish a self-
insurance fund, the terms of which witl reflect the required insurance coverage and shall be subject
to the Regents' and Dania's reasonable approval.
(i) In the event of destruction ofor damage to any ofthe Aragon License Area
property covered by insurance, the funds payable in pursuance of said insurance policies shall be
deposited in a commercial bank located in Dani4 Florida, selected by Regents and Dani4 as a trust
fund, and said funds shall be used for the purpose of reconstruction or repair as the case may be oF
any ofthe buildings, improvements or personal property so damaged or destroyed; however, such
reconstruction shall not be necessary if destruction occurs within the last year of the Aragon License
Area Term in which event said funds shall be used to remove the remaining improvements so that
lands will be left clear and free of debris. Alt remaining funds shall be paid jointly to the Regents and
the City of Dania to be employed for the reconstruction of similar improvements.
0 No responsibility shall rest upon the Regents and/or Dania by reason ofthe
condition olthe Aragon License Area nor the equipment and structures to be located thereon nor
shall the Regents and/or Dania be liable to Aragon or any of its patrons, customers, agents, servants
or employees by reason ofthe condition of Aragon License Area or any improvements, equipment
or personal prop€rty situate thereon. Aragon shall indemni& and hold harmless the Regents and
Dania aginst all liability and expenses, including all judgnrents, court costs, investigative exPenses,
attorneys'fees and other charges arising from injuries to persons or any of its patrons, customers,
agents, servants or employees on the Aragon License Area not caused by the Regent's and/or Dania's
negligence or willful acts or arising from property damage during the term of said agreement not
caused by the Regent's and/or Dania's negligence or willful acts or in any manner arising from the
sole negligence ofthe Aragon.
(k) Failure of Aragon to promptly comply with the terms hereof herein shall
consitute a default, and the Regents and/or Dania may at their option terminate this Aragon License
Area after Sixty (60) days notice in writing unless the default be cured within the notice period, or
in the event such default cannot be cured within such period of time, unless Aragon shall commence
to cure same within such period of time and thereafter prosecute the work incident thereto with
LEASE AI\D LICENSING AGREEMENT
Erecution Copy/Februery 16, 1996
j :\a,!gonk€!tcct'-3.&!n
Pegc 13
diligence to conclusion. Additionally, the happening of any of the following events shall constitute
a default by Aragon and should they occur, this Aragon License Area shall automatically terminate
upon the filing by Tenant of bankruptcy proceedings, plan of arrangement, reorganizatiorl
composition agreement or any other proceeding under the Bankruptcy Act or other available statutes
and Aragon cannot secure a discharge therefrom within Thirty (30) days. Anyhing contained herein
to the contrary notwithstanding. the early termination ofthe Aragon Lease Area shall have no effect
whatsoever on the rights, duties, obligations, and benefits of the Regents pursuant to this 1995
LEASE AND LICENSE AGREEMENT.
(l) At the expiration of the Aragon License Area Term and/or any early
termination thereof pursuant to Paragraph 9(k) of this 1995 LEASE AND LICENSING
AGREEMENT, anything contained herein to the contrary notwithstanding, in the event the floating
docks identified on Exhibit "Y" attached hereto are in place at the expiration date ofthe Aragon
License Area Teml theq Aragon slmll not rernove and shall leave in place such floating docks which
thereafter the City ofDania shall be the record title holder and have title to such floating docks which
shall then constitute personal property leased to the Regents pursuant to the terms hereof
Notwithstanding anything herein to the contrary, Aragon may not remove the floating docks in the
Argon License Area without the written consent ofthe City and the Regents which approval shall not
be unreasonably withheld.
(n) This Paragraph 9 shall not be modified, altered and/or amended without the
express written consent of Aragorq in its sole and absolute discretion.
lO. Fueline Facilitv. The City of Dania and the Regents recognize and acknowledge
that the operation of a fueling facility on the Premises wherein marine fuel is available for purchase
by mernbers ofthe public conducting boating actMties, will be ofgreat benefit to the City ofDania
and its citizens. The Regents may at the election of the Regents during the term hereof operate and
maintain or cagse to be operated and maintahed a fueling frcility on the Premises which shall provide
and make available for purchase by the general public fuel for the use and operation of boats and
vessels. The Regents may sublease portions of the Premises to subtenants which subtenants may
maintain and operate the fueling facility described herein subject only to the reasonable approval by
the City ofDania relative to the location and construction of $ch fueling facility and all requirements
of Paragraph 6 of this 1996 LEASE AIID LICENSING AGREEMENT.
I,EASE A}ID IJCENSING AGBXEMENT PAgC I4
Execution Copy/February l6' 1996
j:\ar.go0\s..t€dr3.drfl
(m) Ifat any time during the first fourteen (14) years ofthe seventeen (17) year
term ofthe Aragon License Area Term as set forth in this Paragraph 9, Arago4 either by agreement
with the Regents, or eviction or cancellation ofthe Aragon License Area by court order, the City of
Dania shall be entitled to succeed at its option to the balance ofthe seventeen (17) year Aragon
License Area Term provided for herein. The City of Dania shall have only the financial and
performance requirements previously required of Aragon under its License with the Regents.
Anything contained herein to the contrary notwithstanding this Paragraph 9(m) does not apply to any
sale, transfer, and/or assignment for consideration by fuagon of the use ofthe Aragon License Area
which is governed by Paragraph 9(b), 9(c), and 9(d) ofthis 1996 LEASE AND LICENSING
AGREEMENT.
1 l. Utilities. The City of Dania and the Regants agree that the most feasible way of
furnishing water and sanitary sewer services to the Premises that may be determined to be through
connections to the lines ofthe Ciry of Hollywood. While the Regents shall always have the expense
ofpaying for the cost of any construction and extensions ofany type of water and sanitary sewer
lines, the City of Dania shall always cooperate with the Regents in such construction and shall grant
reasonable easements over its remaining lands at Dania Beach (to accommodate the location ofany
required water and sanitary sewer facilities) regardless ofwhether water and sanitary sewer service
is obtained from the City of Hollywood or by an extension of water and sanitary sewer lines from the
main part of Dania. If it becomes necessary to enter into any type of agreement with the City of
Hollyrxood regarding the furnishing of water and sanitary sewer service to the Premises, the City of
Dania shall always join in the execution of srch agreements (if required by City of Hollywood) subject
to the limitation that the Regents shall always have the primary responsibility ofpaying all charges
and expenses incurred as a result of any such agreement with the City of Hollywood. Anything
contained herein to the contrary notwithstanding, in the event water and sanitary sewer services are
provided at the request of Aragon and/or to service the Aragon License Area, then, the cost of any
construction and extension of any such water and sanitary sewer lines shall be the responsibility of
Aragon and shall be paid for by Aragon.
12. Maintenance nd Ooeration.The Premises, all improvements, both exterior
and interior, and equipment located thereorl shall at all times be maintained in good, serviceable, neat,
clean and presentable condition, all at the expense ofthe Regents, it being an express condition ofthis
agreement that the same be kept in an attractive manner at all times.
13. Insurance.
(a) The Regents shall enroll the Premises except the Aragon License Area during
the Aragon License Area Term in the Florida Fire Trust Fund for the full value of the buildings and
their contents, including, but not limited to, all furniture, furnishings, fixtures and equipment. The
Regents shall furnish a copy ofthe certificate of enrollment to the City of Dania and shall keep the
Premises enrolled during the term ofthis Agreement.
In the event of destruction ofor damage to the Premises, the funds payable
to the Regents from the Florida Fire Trust Fund shall be used by the Regents for the purpose of
reconstruction or repairs, as the case may be, to any ofthe buildings, improvements or personal
property so damaged or destroyed; however, reconstruction shall not be required if destruction
occurs within the las year ofthe term of this Agreernent (or any rerewal thereof), in which event said
funds shall be used to remove the remaining improvements from the land so as to leave it clear and
free of debris. All remaining funds shall be paid to the City of Dania.
O) Sovereign Immunitv end Insurance. Notwithstanding anything herein to
the contrary, the Board ofRegents ofthe State University System ofFlorid4 and the City ofDania,
a Florida municipal corporatioq agree that the provisions ofFlorida Statutes Section 768.28 (notably
Section (18) thereof) are hereby incorporated herein and any provision in this 1995 LEASE AND
LICENSING AGREEMENT contrary thereto is hereby agreed to be void and of no force and
effect.
LEASE AI'D LICENSING AGR,EEMENT
Erecutlon Copy/Fcbnnry 16, 1996
j:\rragqrb..Ld3.&en
Page 15
15. Assignment. The Regents shall not assign its interest in this 1996 LEASE AND
LICENSING AGREEMENT without the consent of the City of Dania. Further, the Regents may
sublease portions ofthe Aragon License Area subsequent to the expiration ofthe Aragon License
Area Term after obtaining the consent ofthe City ofDania. Further, the Regents may grant incidental
or miscellaneous concession rights (excluding restaurant, marina enlargement, and fueling facilities)
if said concessions will not constitute competition by offering the same goods, products and other
services as other concessionaires, lessees or independent contractors ofthe City of Dania on any of
their adjoining beach acreage or properties between the Intracoastal Waterway and the Atlantic
Oceaq without first obtaining the consent of the City of Dania. Any rwiew, consent, and/or approval
required pursuant to this Paragraph 15 shall employ the standard of "reasonableness" relative to any
such review, corunent, and/or approval.
16. Use and Eniovment. The Regents and fuagoq in the use and enjoyment of the
Premises, shall comply with all govemmental regulations, statutes, ordinances, rules and directives
ofthe federal, state, county and municipal governments which have jurisdiction over (i) the leased
and licensed premises and (ii) the business or activities being conducted thereon.
17. Default. Failure ofRegents to promptly make all payments or rentals, charges
and fees required to be paid herein shall constitute a default, and the City of Dania may at its option
terminate this 1996 LEASE AND LICENSING AGREEMENT after Thirty (30) days notice in
writing unless the default be cured within the notice period. Failure of Regents to comply with any
other covenants of this 1996 LEASE AM LICENSING AGREEMENT shall constitute a default,
and the city of Dania may at its option terminate this 1996 LEASE AND LICENSING
AGREEMENT after Sixty (60) days notice in writing, unless the default be cured within the notice
period or in the event such default cannot be cured within such period oftime, unless Regents shall
commence to cure same within such period of time and thereafter prosecute the work incident
LEASE AIID LICENSING AGREEMEM
Execution Copy/February 16, 1996
j :\rraSon!.rl€.{Ll.&rn
Pege 16
14. Indemnification of Citv. No responsibility shal rest upon the City of Dania and
the Board of Regents ofthe State University System ofFlorida by reason ofthe condition ofthe
Aragon License Area during the Aragon Licence Area Term nor the equipment and structures to be
located thereon nor shall the City ofDania nor the Board ofRegents ofthe State University System
ofFlorida be liable to The Aragon Group, Inc., a Florida corporatioq and its successors and assigns,
or any of its patrons, customers, agents, servants or employees by reason ofthe condition ofthe
Aragon License Area or any improvements, equipment or personal property situate thereon during
the Aragon License Area Term. The Aragon Group, Inc., a Florida corporation, and its successors
and assigns, shall indemnify and hold harmless the City of Dania and the Board ofRegents ofthe
State University System ofFlorida against all liability and expenses, including all judgments, court
costs, investigative expenses, attomeys' fees and other charges arising from injuries to the persons
or any of its patrons, customers, agents, servants or employees on the Aragon License Area during
the Aragon License Area Term not caused by the City of Dania's and the Board of Regents ofthe
State University System ofFlorida's negligence or willf.rl acts or arising from property damage during
the Aragon License Area Term not caused by the City of Dania's or the Board ofRegents ofthe State
University System of Florida's negligence or willful acts or in any manner arising from the sole
negligence ofThe Aragon Group, Inc., a Florida corporation, and its successors and assigns.
thereto uninterrupted and with diligence to conclusion. Additionally, the happening of any ofthe
following events shall constitute a default by Regens and should they occur, this 1996 LEASE AND
LICENSING AGREEMENT shall automatically terminate: (a) abandonment of the Premises or
discontinuation of operation (other than discontinuation of operations involving normal hours of
closing seasonal closings or resrlting from the necessity to repair or rebuild), or (b) filing by Regents
ofbankruptcy proceedings, plan ofarrangement, reorganization, composition agreement or any other
proceeding under the Bankruptcy Act or other available statues and Regents cannot secure a
discharge therefrom with Thirty (30) days.
18. Entrv on to the Premises. The City of Dania or any of its authorized agents or
employees shall have the right to enter upon the Premises during reasonable hours to inspect same
for any reason or in order to make inquiry with respect to or ascertain whether the Regents and/or
Aragon are compllng with the terms of this 1996 LEASE AND LICENSING AGREEMENT.
In exercising its right to inspect as provided for herein, the City of Dania agrees that such right of
inspection shall be conducted so as not to interfere with the Regents and/or Aragon's occupancy of
the Premises or any business being conducted by the Regents and/or Aragon thereon.
20 uccessors and As This 1996 LEASE AND LICENSING
AGREEMENT shall be binding upon the parties hereto, their successors and assigns
21. Surrender of the Premises. The Regents shall surrender up and deliver the Prenuses
to the City of Dania upon termination of this 1996 LEASE AND LICENSING AGREEMENT.
Provided it is not in default hereunder, the Regents shall have Sixty (60) days following the end of
the term of this 1996 LEASE AIYD LICENSING AGREEMENT, or any extension hereof, within
which to remove all of its personal property from the Premises and in such case the Regents agree
to restore the Premises to the condition that prevailed immediately prior to the removal of such
personal property as might otherwise be required by the terms ofthis agreement.
22. Time is ofthe Essence. It is understood and agreed between the parties hereto
that time is ofthe essetrce ofthis agreement and this shall apply to dl terms and conditions contained
herein.
23. Lesal Disoutes. All legal problems arising out ofthe exeu.rtion of this agreement
and any action irvolving the enforcement or interpretation of any rights hereunder shall be governed
by the laws ofthe State ofFlorida. In the event that it should become necessary for either party to
enforce its rights under the terms of this 1996 LEASE Ai{D LICENSING AGREEMENT by
resorting to court action, the prevailing party shall have the right to reimbursement for the costs and
expensess including reasonable attomeys fees (to the extent permitted by law), from the party against
whom such rights are asserted.
LEASE AND LICENSING AGREEMENT
Erecution Copy/Februrry 16, 1996
j:\&tgon\s.rt d8.&"n
Prge 17
19. Rishts are Cumulative. The rights ofthe parties hereunder shall be cumulative
and shall be in addition to rights as otherwise provided by the statutes of the State of Florida. Failure
on the part of any party to exercise promptly any rights afforded it by said laws shall not operate to
forfeit such rights.
24. Eminent Domain. If, at any time during the term of this f996 LEASE AND
LICENSING AGREEMENT the legal title to the leased and licensed land or the improvements
located thereon or any portion thereofbe taken, appropriated, or condemned by reason of eminent
domain, there shall be such division ofthe proceeds of award in such condemnation proceeding and
such abatement of rent and other adjustments made as shall be just and equitable under the
circumstances. Ifthe City ofDania and the Regents are unable to agree upon what divisioq annual
abatement ofrent or other adjustments arejust and equitable within Sixty (60) days after zuch award
shall have been made, then the matters in dispute shall be by appropriate proceedings, submitted to
a court having juridiction ofs:ch matters and srch controversy for its decision and the determination
ofs.rch matters in dispute. Ifthe legal title to the entire Premises be wholly taken by condemnation
proceedings, this 1996 LEASE AND LICENSING AGREEMENT shall be automatically canceled.
In gened it is the intent ofthis paragraph that upon condemnation the parties thereto shall share in
the award to the extent that their respective interests are destroyed, damaged or depreciated by the
exercise ofthe right of eminent domain.
25. Notices. All notices required hereunder may be served personally, or at the
option ofthe giver may be served by registered or certified mail, return receipt requested, and such
notice shall be effective from the date of receipt.
Such notice to the Regents shall be
Board ofRegents
c/o Florida Atlantic University
Attention President
777 Glades Road
Boca Raton, Florida 3343 1
Such notice to the City of Dania
shall be:City of Dania
Dania City Hall
100 West Dania Beach Boulevard
Dania, Florida 33004
President
The Aragon Group, Inc.
301 East Dania Beach Boulevard
Dania" Florida 33004
Any party may change its mailing address herein stipulated upon five (5) days written notice to the
other party.
26. Ersements. The City of Dania agrees to grve and grant unto the Regents all
requted easements over, under and across lands owned by the City ofDania that are appropriately
and reasonably needed from time to time to provide utilities for use on the Premises and for access.
Such easements, if needed, will be granted at no additional cost to the Regents.
LEASE AIID LICENSING AGR,EEMENT
Erccution Copy/February 16, 1996
j:\rr.gmhealeclS.drrn
Prge lt
Such notice to Aragon shall be:
27. FDOT Parking Area. The FDOT Parking Area is described as follows:
See Addendum A attached hereto for the Department ofTransportation parcel
124 (Part) for State Road Number A-l-d Projea or Section Number 86030-
2175. Containing 0.806 acres, more or less.
The City of Dania shall use its best efforts tkoughout the term of this 1996 LEASE AND
LICENSING AGREEMENT to acquire a leasehold or license interest in the FDOT Parking Area
from the Department of Transportatioq State ofFlorid4 which will allow the City of Dania to license
or lease said parking area to the Regents. In the event the City of Dania is successful in acquiring a
teasehold or license interest in the FDOT Parking Area" the City of Dania will grant to the Regents
a similar leasehold or license interest in such FDOT Parking Area for the same consideration as paid
by the City of Dania. The City of Dania presently has a public purpose lease agreement for a term
beginning June 8, 1992, renewable for ten (10) years for said parking area which requires said leased
land be used solely for the public purpose ofvehicular parking lot without charge or parking meters;
and further prohibits subletting ofthe leased property or any part thereofor assignment ofthe lease
without the prior written consent ofthe Florida Department of Transportation.
28
LEASE
1996 LEASE AND LICENSING AGREEMENT Approval. This 1996AND LICENSING AGRf,EMENT has been approved by
and by the City Commission of the City of Dani4 Florida, on the
29. The Effective Date ("Effective Date") of this 1996 LEASE AND LICENSING
AGREEMENT shall be the later of the date the Board of Regents of the State University System
of Florida approves and executes or authorizes the execution of this 1996 LEASE AND
LICENSING AGREEMENT ("Regents Approval") and/or that date Dania gants the Special
Exception and the o<piration of the period, if any, during which the granting of the Special Exception
shall be ubject to appeal by third parties with no such appeal having been filed, or if filed, has been
dismissed by a court offinal jurisdiction ("Special Exception Approval"). In the event the Regent's
Approval and the Special Exception Approval are not obtained on or before May 3 1, 1996 such that
the Efective Date ofthis 1996 LEASE AND LICENSING AGREEMENT is not on or before May
31, 1996, then this 1996 LEASE AND LICENSING AGREEMENT shall be null and void ab initio
and ofno further force and effect whatsoever and no party hereto shall have any liability hereunder
whatsoever.
IN WITNESS WEr:REOF, the CITY Of DANIA5 a Florida municipal corporatiorL has
caused this 1996 LEASE AND LICENSING AGREEMENT to be executed in its corporate name
by William Hyde, its Mayor-Commissioner, and by Mike Smith , its City Manager, and has further
caused its corporate seal to be affxed, attested by its undersigned
City Clerk - Auditor, on this _ day of . 1996.
LEASE A}ID LICENSING AGREEMENT
Erecution Copy/Februery 16, 1996
j:bragonhcrled8.dr.ft
_ day of _-__------------ 1996.
Pegc 19
IN Wffi{ESS WEEREOF, the BOARD OF REGENTS OF TI{E STATE UMVERSITy
SYSTEM OF FLORIDA have caused this 1996 LEASE AND LICENSING AGREEMENT to
be executed in its corporate name by Charles B. Reed, Chancellor, on this_ day of
r 996.
Signed, sealed and delivered
in the presence of:CITY OF DANIA a Florida Municipal
Corporation
By:
WILLIAM FIYDE, Mayor-Commissioner
By:
MIKE SMTH, City Manager
Signed, sealed and delivered
in the presence of:
LEASE AI{D LICENSING AGREEMENT
Ereculion Copy8ebruary 16, 1996
j:taragn !c{.ctrj.&rn
Tt{E BOARD OF REGENTS OF THE
STATE LINIVERSITY SYSTEM OF FLORIDA
By:
Charles B. Reed, Chancellor
Attest:
Page 20
CONSENT AI{D ACCEPTANCE OF T996 Lf,ASE AND LICENSING AGRXEMENT
IN WTIII{ESS WmREOq The Aragon Group, Inc., a Florida corporatioq hereby consents
to and agrees to comply within the terms and conditions of this 1996 LEASE AI\[D LICENSING
AGREEMENT this day of 1996
Signed, sealed and delivered
in the presence of:
The Aragon Group, Inc., a Florida corporation
By:
Stephen F. Snyder, President
Printed Name
Printed Name
LEASE AIID LICENSING AGRDEMENT
Er€cuti,on Copy/Februery 16, 1996
j:taragoahealech3.&aft
Page 21
STATE OF FLORIDA:
COLINTY OF BROWARD:
The foregoing instrument was acknowledged before me this _ day of
1996, by William Hyde, as Mayor-Commissioner, Mike Smith as City Manager, and _
as City Clerk Auditor of CITY OF DANIA a Florida municipal corporation, on behatf of said
corporation who:
E he is persorully known to me, [or]
tr has produced as identification
Notary Public
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this _ day of
1996, by Charles B. Reed, Chancellor for the Board ofRegents ofthe State University System of
Florida, on behalf of said Board of Regents ofthe State University System ofFlorida, who:
E he is personally known to me, [or]
E has produced as identification.
Notary Public
My Commission Expires:
Printed Name ofNotary
Notary Commission No.
LEASE A}ID IJCENSING ACRDEMENT
Exccution Copy/Febmary 16, 1996
j:\rrsg.ah.dedB.&rn
Page 22
My Commission Expires:
Printed Name of Notary
Notary Commission No.
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing
corporation who:
instrument was acknowledged before me this _ day of
1996 by Stephen F. SMer, President of The Aragon Group, Inc., a Florida
E he is personally known to me, [or]E has produced as identification.
Notary Public
My Commission Expires:
Printed Name of Notary
Notary Commission No.
I-EASE A}ID LICENSING AGREEMENT
Execution Copy/Februery 16, 1996
j:\aagpnkeaLdS.&.ft
Pzge 23
EX}IIBIT "I"
to the
I966 LEASE AND LEASING AGREEIVTT.NT
Ail rigbu ofthe State ofFlorida in and to the rigbts ofway areas vacated by the City
(b) The rights of any and all parties re'{-t: t19t *t*ass constructed T eTt -olNorth
oceatr Ddve which passes or., *6 uuou. ,n" East/west waterway which is immediately North of
Block 203 and which coDnects lntracoastal waterway and New fuver Sorurd'
(c) The Deed restriction concerning the property acquired from Home Seekers
Realty,Company and the City Hoilyrvood in 1927'
(d)Alloftheright,titleandinterestoftheStateofFloridainaodtoSouth12ofthatPalt
of finy)l'1rr1 Steet (formJdy Cambridge Steet) which was vacated bv City of Dania'
(e) Any and all oil and mineral reseryatioos existing on the subject properry'
(a)
of Daoia-
ARAGON\LEASE.E)O
a2/t4./96 ag: 15 5Va az.) Ltz-z
Per our conversation' attached is a proposed scooe of sewices for the contsact
between FAU and *,e citi';,;ffi:;;;il[J "uo"t'*otLittg
with vou on a broad
Fuo nt oR Aruarurlc : U Ni?YFE=I;X
P O' AOX 30el
BOCA FTATON, FLOtloa 33431-09€1
Octob€r 5, 1995
SincerelY,
Carla , Coieman
Vice President
UNIVEFIEITY RE].ATIONE
[4O7] 367;3O?o
Mr. Michael Smith
City Manager
Ciw of Dania
tod West Beach BIvd'
Dania, Florida 33004
I look forward to l^Iorking with b "-Td 'tod frnzllze the scope of serwices as
soon as I return from myJi;'i;fr *e," r"g"-1"""time' I iravi asked Dr' John
DeGrove, Director of tf'e iiit iente!' to'forwatd' copies of the Center's annual
repore for the past *" y"L"J'"!?"f'- -pr"t of thi lnsutute of Government's
annual rePorts.
Please do not hesitate to contact me to dlscuss this importaat project'
Dear Mike:
range of citY issues,
CC
.,f;AEO B'HlurI
EXHIBIT
x
?:",*'""o'n5?[H,"lit"j".i,?"'lll,.].1'ilT."'"',i]?ffi
Fo'tet.'ec
-;'
Al, Affirmalive Action/Ecu't OPP,"'- ::irutioa
Dr. ]ohn DeGrove
Mr. Don llb]l
o2/L4/96 a9t L5 )toa JzJ Lt4
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Ptoposed Scope of Servicea for Agfeement -a"*."r, ii5il" aU"iA. Univerairy and ttie Ctry of Dania
Florida Atiandc University agfees to proTie in-kind services as descsibed
below to the Gty of pan'ia' i"O '"iat-t tt u.mitti-'^ valued at $30'oO0 arurually
for ten vear. Spedflc '"#t"'-*ifi be mutrrally negotiated between the cily manager
and a desimated universitf-t"pi"t""oU"" on-an annual basla prior to the
**-*.#,.t t of each calendar year'
Services may tnclude but not be liErited to the following areas:
o Comprehensive Planning: ;-#;;'J""J'p'*t 5tudies and Assistance
. Urban and ReSionat Planrdng
o EmPIoYee Training: il:"#1'l;';;;,h ;? undergraduate and Sraduate levels
r Desigr Assistance. Site FUrrrlittg Assistance
. Public Surveys. DeoogFaPhii Research
. Grant Writing
Initiaily, the Coilege of Urban and Publlc-Af. falrs (iacluding the departments
of Urban & Regonai Pl"tJ;;;Pub1ic Administration) and the ?AUIFIU Joint
Center for Urban arri E"#ffi;iiJrt-+."." well ag the Center for Urban
Redeveiopment ana rmp#ei"'*t icrlnri y* *.*" prinopal academic units
involved with this contract:X';; iti'"J "r Architech;e is established' its
lesoErces maY also be utllized'
AMS, HATFIELO AND STONE INC.
NGINEERS . PLANN ERS . SURVEYOR>ACYNiON BE ACt, FL'R ID.
SCALET 1"-1OO'
E19ol s. qoNGR:S:j av:
INTRACOA9.]-AL
SKETCH AND DESCRIPTION
SEAFAIR SITE, DANIA, FLORIOA
WATERWAY ICANAL]t!
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OESCFIP.rtONea^ro ot L
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^rrD sUnv€YOR
e5 nES€t{?SE'I FOi{trs.#**"r"f$?"f#:}..:lif, fi,i+}'iliH:#:#F"
THE SOU'H UNE OF BLOCK 2O5'
SHEET I OF
THIS IS NOT A SURVE
JAMES E. PARK
.o, _tCr <
loJEi*,""a sHowr'{ HEREoN aRE BA=ED uPoN
BEING 587'26'35-W, ;:;.;. oixotes PoNr oF BEcTNNTNG'
i. ".o.i. oe*ores PorNT oF coMMENcEMeNT'
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1901 s-.CONGRE55 AV€
.IAMS
EN6I
SKETCH AND DESCRIPTION
SEAFAIR SITE. DANIA' FLORIDA
. HATFIELD A
NEERS ' PL^NNE?
NO STON:
S. SURwEYORS
tNc.
BOYNTON BEACH, FI.ORIC
scALe. I -= 1oo'
=o
-i
)
sHzET 2 OF 5
NOT A SURVEY
*'2n /e6 JLB
LTCEJ\,S ,\REAE GAN
N
i ---l-
AR AN?A r-tcE\SLARAG
a
qz ? 2-a 96 .AA e=l =ad EZ-?
THIS IS
w LLtAMS, HATFIELD exo sroxen' txc'
ENGIN EERS . PLANN ER S . SiUR\/€YORS OYNTON' BEACH. FLORIOA
1901 s- CoNGRESS AVE-
DESCRTPNON
FAU PARCEL "A'
Block 2O3i and that portio-n ot ocean Driv€ adlacer to Block 293' in HOLLYWOOD
6gry16,41- 3E,a\cH, acco'o'ris-; inl'E"itntttor it"otitJ in Plat Book 4' Page 20' ot the
Public Records ot atotn"to Eoi"oy] H"ao'"-r-esS-*rai-oortion of Ocean Drive adlac€nt
to Brock zos as sho!,vn ""';';;;f i;;o-Jeoia oeparf,ent right-or-wav maP' sesdon
ir-o]iie-ii +-ieoi ""a;
sff Eqlsi{5iqimi"='#ffi:rff HrL:E"ffi $,{i#i!Hi"ffi ::
State of Florida Fload DePi
:
A pordonrof NEW RIVER souND es shown 9l :1s Plat of HOLLYWooo CENTR'AL
BEACH, all the a.bov€ o"'ni-nrliJ partiiurarty describ€d as follows:
BEGINNING at the North€ast comer sf Block 2O3 of said Ptat;
THENCE S 02-O6', oo" E on an assumed.be"Ilq-tl,:"" the East line of said Block 203
a distance of 53.45 t""t' ;o'I'ol;=t' to the North iacE oi an axjsting bulkhead;
ruENcers a6. 16, 24" E arong the North fac6 of said burkhead and its ext€nsion 267"15
,;;;:;"';j"=!l tI ir'E ii"Jj;;'';' ; co,-'""t" strip ror park'ns mete6;
FiHf'"';s"""ih"*ff *'##*fr ie**{#*"i';{'rff#"":s#
THENCE N aE ' 29' '1 1' w alon-g^said Noaherly right-of'way line 248j9 fest' more or less'
;ftEa"t line of said Block 2o3;
THENCE S 02' 06' OO" E along said East line 1O'OO feEt to u1e Southeast comer of sard
Block 2O3;
THENCE S 02' 54', 10' E 4o.oo fe€t to. a point in thesouth rigFrt-of'way lln€ ol Frfty First
street (cambridge slre€t), ;;i;:;;6i['f-way Ilne J=" o"-ine a Nonhertv risH-of-wav
rinJ ot laia State Road A-1-Al
t*=*"Jsa7-26'3s'*:,:H,ff jf :!,TH"X'at'33,""'";BH.':""f ,ffiSX,ff ffi
line of said Ocean Drive as snown qtr sEu\r
S6c on 9.to. essra-zoCr; :i . -
,, =*"i N oo : s?',,q1: -i *'3o,T-=fl"rffi # ;:".ftrff It'J':'t,# *$"
irfersegtion of tho sald East fine or L"g.'.r r ""-- ..
-_
NT OF
THENGE s 86' 03' -'.,="#:H g"-f:, UflS ffi i'5;* * to u'o ?or
BEGINNING, at the said t\
COMMENCTNG at said Potnt 'A';
H,:|:.="T3il%r?;X,fl,i[ff:id
North rine 1oo'oo redto a point on said Norlh rine
PAGE 3 OF 5
=zrLa :rb . tlra r1=r ?a4 e 2-e
e
I
1901 S. CONGRESS Av€-
TVILLIAMS,HATFIET' AND STONER, INC.
ENGINEERS . PL,ANNERS . SURV€YORS BOYNTON'BEICH,FLORID}
THENCE continue N 86' 03' 29" W along said Nofth lln€ 12A'25 teel' more or lesst to th€
Northwest corner ol said BL&-2o!' ttrtic " Poirfi on the East un€ ot Canal a!! shown on
said plat;
THENCE S 03' 56' 31" w along said East line of canal 2a5'61 te€t to the Southwest
comer of said Block 2oil;
THEN.E N g7. 26. 35. E along the south rine ot said Block 2q3 a distanc. ot 123'07 teet
to a Poirt on the west il;=;'-;;-i'cean Drive^as
-shown on said Florida Road
D€partment right-sf-way -"p-' Sectiot' No' 86514-2601:
THENCE N 03' 56' 31' E along sEid West line 251'61 fest to the POINT OF BEGINNING:
Said Parcel "A" containhg 3'06 acres' more or less'
ARAGON PABCEL ,B'
That oonion of the NEW RIVEB souND as shown on the Plat of HoLLWVOOO CENTRAL
BEACH and Flecorded in pri'Eo"o"r-+, F"d" zii, of the Public Recorcis 6f !6award courrty'
Florida, clescrib€d as follows:
COMMdNCING at the Northeast comer of Block 2o3 of said Plat:
THENCE S 02. 06' oo' E along tht F?+ rtl: -oji:aid
Block 203 a distance of s'45 teeq
#il;.-d=-, to Ge t'rortr' tace of said bulkhead:
THENCE Easterly along the North tacs of said bulkhe:rd la2.$ f€et' more or less' to the
west fac€ of an exisdng o"rxilJi uttg Ge POINT OF BEGINNING;
THENCE cor inue S 86' 16' 24' E along on an extension of the North tace ot said
butkhead 84.49 feet, -o'u i"i"] t"-ti"-*Z=t r"te of a conctete strip for Parking mgt6rs;
THENCE N Os. io, So. E along th6 west lace of said concrete strip 861'86 fBet;
THENCE N 84o 49' 10' w A4'46 feet to a poirt on the west face of an €)<istlng bulkhead;
THENCE S 05' 10' 50' W alonE tfie West face ot said bulkhead 464'00 feet to the POINT
OF BEGINNING;
ATAGON PARCEL "C'
That oorticn ot th€ NEw RTVER SOUND as sh-o$'n on th6 Prat of HOLLYWOOD CENTHAL
BEACH and Recorded i" pr"J=EJojt-i";i;n' or tne puolic Records sf BrowBrd county'
Florida. f escrib€d as ,ollows:
THENCE s 02- O6', oo' E 6long th€ E?:t l1r {j"ld Block 203 a dlst'anca of s'4'5 teot'
#;';i;J' . tne uonn tece of sajd bulkh€6d;
THENCE Eesterly along the North f,aca of sald bulkhead 182'65 fB€t' mora or less' to the
WtI t"o-"f ." 'exlsting bulkhead;
PAGE 4 OF 5
1ZrLA 96 ,Ae a=t =ad e2-e
1901 S. CONCRESS A\,t:.
WI I IAMS' HATFIELI' AND STONER, INC.
ENCINEERS . PLANNERS. SURYE'I'ORS BOIAITON BEACH. FLOGIIO-
THENCENOS" 1O'50'Ealong the Westtuce of said bulkhead 1O5.5O test to the pOtNT
OF BECiINNING: .
THENCE continue N 05. 10' 50' E along ths West face of sald butkheact 75a.5O toel.
THENCE N 84. 49' 10' W 165.00 feec
THENCE S 05. 10' 50'W 758.69 feet;
THENCE S 86" '16' 24' E 165.05 teet to the POTNT OF BEGINNTNG;
Said Parcels 'B' and 'g clntaining 4.91 acres, more or less.
FHJIi
Tr:l.E 96.9T g=.J
PAGE 5 OF 5
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