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Home My WebLink AboutO-1996-012AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING LEASE RENEWAL AGREEMENT FOR A PORTION OF WEST DANIA BEACH BOULEVARD ADJACENT TO LOT 7 OF THE TIGERTAIL GROVE SUBDIVISION, BETWEEN THE CIry OF DANIA, FLORIDA AND ARCADE GAMING ll, lNC.; AUTHORIZING THE APPROPRIATE CIry OFFICIALS TO EXECUTE SAID AGREEMENT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania, Florida, hereinafter called "Lessor" and Arcade Gaming ll, lnc., a Florida Corporation, hereinafter called "Lessee", entered into that certain Lease Agreement dated May 10, 1989, as approved by Resolution No. 43-89, passed and adopted on April 11, 1989, for the lease of a portion of West Dania Beach Boulevard adjacent to Lot 7 of the Tigertail Grove Subdivision, a copy of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, said Lease Agreement was renewed for a period beginning June 1, 't990 and ending May 31, 1993, as approved by Resolution No.45-90 passed and adopted on April 24, 1990; and WHEREAS, said lease agreement was renewed for a period beginning June 1, 1993 and ending May 31, 1996, as approved by Resolution No. 128-94 passed and adopted on September 13, 1994; and WHEREAS, the Lessee has requested an additional three (3) year extension of said Lease Agreement, retroactive to June 1, 1996. ORDINANCE NO. ,I2-96 NOW, THEREFORE, be it ordained by the City Commission of the City of Dania, Florida: Section 1. That Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor the real property as described in that certain Lease Agreement by and between the parties, as hereinabove described, for an additional term of three (3) years beginning June '1 , 1996 and ending May 31 , 1999, upon the same terms and conditions as the original lease as set forth in Exhibit "A" hereof. Section 2. That the appropriate city officials be authorized to execute said Lease Agreement. Section 3. That all resolutions or parts of resolutions and all ordinances or parts of ordinances in conflict herewith be repealed to the extent of such conflict. Section 4. That this ordinance be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on first reading on the 9TH day ofJULY, 1996. PASSED and ADOPTED on second and final reading on the 23RD day of JULY, 1996 MAYOR. COMMISSIONER CITY C -AUDITOR APPROVED FOR FORM AND CORRECTNESS BY C d/A* ATTEST: AMENDMENT TO LEASE AGREEMENT THIS LEASE RENEWAL AGREEMENT by and between the City of Dania, Florida, hereinafter called "Lessor", and Arcade Gaming ll, lnc., a Florida corporation, hereinafter called "Lessee" WITNESSETH: WHEREAS, the Lessor and the Lessee entered into that certain Lease Agreementdated May 10, 1989, as approved by Resolution No.43-89, passed and adopted on April 1 1 , 1989, a copy of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, said lease agreement was renewed for a period beginning June 1, 1993, and ending May 31, 1996, as approved by Resolution No. 128.94 passed and adopted on September 13, 1994; and WHEREAS, the Lessee has requested an additional three (3) year extension of said Lease Agreement, retroactive to June 1, 1996. NOW, THEREFORE, it is mutually agreed as follows: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor the real property as described in that certain Lease Agreement by and between the parties, as hereinabove described, for an additional term of three (3) years beginning June 'l , ;i(HIBIT l, A "ti WHEREAS, said Lease Agreement was renewed for a period beginning June 1, 1990, and ending May 3'1, 1993, as approved by Resolution No.45-90 passed and adopted on April 24, 1990; and 1996, and ending May 31, 1999, upon the same terms and conditions as the original lease as set forth in Exhibit "A" hereof. lN WITNESS WHEREOF, the Lessor and the Lessee have executed this Lease Renewal Agreement the day of _, 1996. ARCADE GAMING Il, lNC., Lessee 1801 NW First Street Dania, Florida 33004 BY: President CITY OF DANIA, a municipal corporation of the State of Florida, Lessor ATTEST: BY: Marie Jaba John M.no yor BY: Mi el , City Manager APPROVED AS TO FORM AND CORRECTNESS: By: 2^-J C- 6,/L-^ City Attorney e rEIs LEASE, naae *!s /O4 day of._a)27- L9 t, by and between the CITy Ot DANIA, FLORIDA, herej.n cal 'LESSORn, and AACADE cAft{ING II, INC., a Elorida torporation called the TLESSEE". It ia Eutually agreed aa follorra: I. DEUISED PRE!,IISES THE term of this lease shall comence on ,lu4e I,the initial ter of one year. 3. RENT - LESSOR hereby Ieaaes to LESSEE, AIID LESSEE her'ebv rentsfron LESSOR, upon the terms, covenants and condltlons trereiniiCeiset forth, that certain real property ln the CITy OE DANIA, BROWARD TEAT portlon of llest Dania Beach BouLevard (Ocean Boulevard)ad jacent to Iot 7 of the ITTIGERTAI! GROVE RESUBDMSION,, a8recorded in Plat Book 30, page 20, of the publlc recolds of Broward99"ltyf Florida, lylng. easteily of the easl rlght-of_way tlne of - state Road No. 9 (I-951 and reiterly of the soithernly ixtenslon ofthe east Llne of said Lot Z. 2. LEASE TERM , A.D. led the , herein LESSEE sha1l pay LESSOR durlng the term of thj,s lease, ^without previoua defiand therefor and rrithout off aets or deductiontherefrom except aa agreed ln wrj-ting, the sun of Slx ThousandDollars payable ln equal tronthly lnatallments Flve Hundred Dollarsdue and payable the first day of each month for that month.Palrment must be made to the "CIty OF DANIA, FLORIDAn and LESSEEshall be deemed in default if payment iE not received by theFifth (sth) of aaid month. 1989for 4. SALES TAX 5. USE OP PROPERTY 5. ASSIGNMENTS AND SUBLETTING LESSEE, its successors or assigns, shall not. directl!'or indirectly, asBign, or sublet thia Lease or any part thereofwithout the prioHrj.tten consent of LESSOR. IN addition to the rent to be paid hereunder the LESSEEshaLl pay to LESSOR said sums required to be paiil as pLorida Salesor Use tax under then the appticable Iaw and re$rlations then ineffect durlng the term of this Lease. LESSEE shall use the rented property for the purposesof a parking lot and for no other purpose without written consentof LESSOR first being obtaj.ned. LEASE AGREEIT1ENT 7 . TN(ES IIIROUGIiOUT the term hereof, LESSOR shau pay the anountof real estate ta:(es, together wittr interesi [ii.r"on, thich shallbe levied and aaseased againat the rented piop.ity by any governmentalauthorlty for any perlod-in which rhe Lea":-a;; shall not coveran entire trx year-of the governEental authority taxing the reniedproperty, aame shall be properly prorated to iitfect tti.;;.i;e-;;LEssEE,s poeaession undei -thl8 ieise. coweveil-ressEE ahall. not beresponsible for pa!,Bent of rny apeclar isseisnlnt uy any t-"einn""tarauthority. :. 8. INDEMNIFI CATION OF LISSOR IN conaLderation of sald property belng leased to Tenant.:?Lq:-*:y:- r:ntal, renant agrees- Hrit r3nant, at atr ttmes,rr,.rr.1Ddenn1fy and keep harnlesB LESSOR fron ali 1osses, aarnaie,_r.iabllLtles-, .Td expeniea whlch nay arige or be cfafurea'againii'L,EssoR and be in favor of any pera6n, flrrn or corporition I -iJi -""v injurJ.es.or damagea to.the pirion o.'pi-1"'rty of iny person. ftrml or:::8.:::1?:l_.p1":!g:"! upon or ariaiirs ir"r'u,e "sl i, "".ip.;d'";-aalo premlaes by Tenant, or. consequent upon or ar!,slng from lny ici-,?T:::::::, i:gl-.:!:_or faulr.of rdna"t.ifiis is.,,t", aervants, etnptoyees,rlcenaeea, cu8tolnera, or-l,nvitees), or conseqrient upon or arisLni fi-mTenantr g fallure to conply $tth the aforesald 1arrs, atatutes,ordi.nancea, or regulationi, that r,ssson shiri not be liable to ?enantEor any damages, Iossea, or- Injurle8 to the person or property ofTenant rhich uay be caused by fhe acts, n.gtE"t, omisgioni or. fiurts. of-any person, firrn or corpoiation, r"i irrii-r.""nt wirr ina-rnniiy - and keep hamless LEssoR. f;om all iarnagee, ii.uilities, I;;;;;;--,injurtes, or expenses which may arisJ 6i-6e-cr"irn-a ilifnst-ii6sonand be in favor of any person,- f!.rm or corporation,. for any in.iuries:I_!*:g:1 to the.perion or pioperty of a;i, pe;;;; ir;;-6r-;;6;;;_E:.on, unere ga:.al injuriea or danage aroae about or upon said property. IININT 3g:ges that If LESSOR ls involuntarily made a partydetendant to any litigation concerning this Lease or tie rented-/.^ property _or the property of whlch the rented property is a part bvreason of any act or omission of Tenant and nit lecairse of iny acior oml.ssion of LESSOR, then Tenant shall holtt harmless the LE3SORfrom all llabillty by reason thereof, includlng reasonable attorneyslfees. lncuned by LESSOR in such Utigation an6 all taxable couit 'costs, and in caae the LESSOR brlngs in action against Tenant toenforce any of the terms hereof or comences action for the for-feiture of this Leaae -and the poasession of said rented property,or elther of then, and LESSoR lhalt prevail in such actlon,-tenintagrees to pay to LESSOR such attorneysr feeg and expenses as thecourt may deem reasonable. and the right to such atlorneys' feesand expenses shall be deemed to have iccrued on the corunincement ofsuch action and shall be enforceable whether or not such action isprosecuted to judgement, and if prosecuted to judgement, such feesshall be included in said judgement. 9. INSURANCE POLICIES TEE IJESSEE sha1l provide and naintain at j.ts oun expense,during the term of this Leaae, policies of Insurance generally knownas Public Liability and property Damage Insurance andTor ovrneis,Landlord and Tenant InEurance. in form satisfactory to'LESSOR.insurlng the LESSOR. as an addLtional lnsured, and LESSEE againstall clairns and demandg nade by any.person or persons whomsoever forinjuries received in connection widh ttre use 6f the demised premisesto extent of not lesa than Five Bundred Thougand Dollars (SSOO,O0O.OO)for injuries or death to any one person and not less than one MlllionDollars (S1,000,000.001 for J.njuries or death to more than oneperson j.n any one accident, and One Hundred Thousand Dollars{$100,000.00) in broad form coverage. (Said lease is contingent,-upon the availability of insurance) ].0. NOTICE TO VACATE IJESSEE agree8 to vacate the demlsed premises t lthinfifteen-days of recelpt of $ritten notlce from LESSOR providedthe denlsed premlses Ls neceaaarily vacated to lnitlat! constructionof West Danla Beach Boulevard. IN IIITNESS IIUEREOF, the partles have executed thls leasethe day and year flr8t above rrEltten. LESSOR Arcade Gaming , Inc. 18 01 N.W. Flrst StreetDania, Florlda 33004 CITT OF DANIA, FIpRIDA, L€sgoT By! By: By ,4rtl e ATTEST: tvc er tor APPROVED AS TO FOR.I4 AND CORRTCTNESS r €f,ty Attorney FOI T itoc A SUII .SEI{TIIIEL PUSLISH€D DAILI LAUDERDALET BnOyArD COUXTYT fLORIDA RATOil, PALi BETCH COUITTT fLOTIDAllIAltt, 0lDE COUiITYe fLORIDA STAT E OTcourTY 0F FLORIDAlqOY AR D'P ALII BEACH'DADE CR T NDE AUTHORITY PERSOIIALLY APP EARED ... uHo oil o^Tlt sAYS IfiATE9 REPNESEITTATIVE OF THE THE S Ui - SE IITI ItE LT DAILY OI ARD' PALIT EEACI{'DADE COUilTYT TS IED LY ^UTARTIIEX G E D HE cLA il€ys fLOR ER P LISHED I R THAT fHE AtfACHED COPY oF TDUERTISEI,IENf e BEIIIG A !{OTICEOFHEARII{6 IX THE iATT ER CF LETSE REHETAL ItI TIIE CI RCUIT THE ISSUES OFC t 07ll3t COURTe IrS PUBLISII€0 IN SAID IiEISPAPER III 1x 7A0,0080 AFfIAlf fURTHER SAYS THAT TltE StID SUt{-SE,ITIHEL IS I /-{€TSPAPER PUBLISHED It{ SAID BR0UAnD/ptLt 8€ACHTDADE0UllTIr FLORIDIT AHD TlltT THE SAtD ITEISPAPER HrS BERfTOfORE IIEET{ COI'TII{UOUSLY PUBLIS}IED IN SAID EROTARD'PAL; EEIC}I/OIOE COULTY, FLORIDAI EACIi DlYe rilD HAS BEEX EI{TERED tS SECOIID CLASS iATTER AT THE POST OFfICE IX FORT LAUDERDALE, Iil STID BIOUIRD COUtlTfr fLoRIDAe FOR A PERI0D 0F Ol{E YEAR IIEIT PRECEDIX6 THE FIRST PUBLICATIOII OF THE ATTACHEO COPI OF ADYERTTSEiEXT; AI{D AFfITilT FURTHER SAYS TIIAT HE'SIIE TIAS l{EITIiER PAtD llOR PROIIISED All Y PERSOIIT F IRn OR C0RPORITIOII AxY DISCoUtaTT RE3ATEe tO[l{ISSIOtl OR REFUttD FOR YHE PUI?OIEOf SECURIT{6 THIS TDYERTISEilET'T fON PUBLICATIOt{ Ii' STI) IIIECSPAPER. (s STOR II THI S A-0.x)6 t RE OF IAIiT) AND SU;ISCiISED BETORE tIE AY OF JULY (S I G I{AT v,ffi OTT RY-ITRA 3LIC) iar cufissol, @6E) Exmts .uy A, tgg,ElD 8l/ Trgt ftr lq|!la, |t -,lAnE OF 1{OTARY TYP€De PRIl{TE0 O ST A'tP E D) PE R S Or{ALLY Xtt0ra{OR ) ORIE T PRODUCED ID EI{TIFIC ATIOII ....... f