HomeMy WebLinkAboutO-1999-008■
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Broward's First City"
100 Wcst Dania Beach Boulevard Dania Beach, Florida 33004 Phonc: (954) 921-8700 wwseci.de nia-beach.11.os
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ORDINANCE NO. 08-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING EXECUTION OF A LEASE AGREEMENT
BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE
PROPERTY KNOWN AS DANIA BEACH GRILL AND MORE
PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING AND
DIRECTING THE EXECUTION OF THE LEASE BY THE APPROPRIATE
CITY OFFICIALS; FURTHER, PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF
SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, THAT:
Section 1. That that certain Lease Agreement between the City of Dania Beach, as
Landlord, and Dania Beach Grill, Inc., a Florida corporation, as Tenant, and covering the
property known as "Dania Beach Grill' and more particularly described in the Lease
Agreement, an unexecuted copy of which is attached and made a part of this ordinance
as Exhibit"A", is approved.
Section 2. That the Mayor is authorized and directed to execute the Lease on behalf of
the City of Dania Beach, Florida.
Section 3. If any section, clause, sentence or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall take effect immediately at the time of its passage, and
the Lease shall have an effective date retroactively, as of February 14, 1999.
PASSED AND ADOPTED on first reading on this 23rtl day of February, 1999.
1 ORDINANCE NO. 08-99
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PASSED AND ADOPTED on second reading on this 23"day of March, 1999.
R—COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO - YES
SHERYL CHAP AN VICE-MAYOR McELYEA -YES
ACTING CITY CLERK COMMISSIONER ETLING - YES
COMMISSIONER CALI—YES
COMMISSIONER MIKES - NO
APPROVED AS TO FORM
AND CORRECTNESS:
By: �' p
�. ANSBRO
CITY ATTORNEY
-2- ORDINANCE NO. 08-99
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LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter referred to as "LEASE") is made and
entered into this q day of February, 1999, between CITY OF DANIA BEACH, a
municipal corporation organized and existing under the laws of State of Florida (hereinafter
referred to as "LANDLORD"), and DANIA BEACH GRILL, INC., a Florida corporation
(hereinafter referred to as "TENANT').
WITNESSETH :
IN CONSIDERATION, of the mutual covenants, conditions, obligations, and
undertakings hereinafter set forth, and for other good and valuable consideration, the
receipt of which is hereby acknowledged, the parties to this LEASE hereby agree as
follows:
1. DEMISED PREMISES. LANDLORD does hereby lease, rent, let and
demise unto the TENANT, and the TENANT does hereby hire from the LANDLORD, that
certain real property located in the City of Dania Beach, Broward County, Florida, and more
particularly described as follows:
A parcel of land 100 feet wide lying 30 feet west of centerline of the
reconstructed beach drive and 285 feet north of the centerline of Dania Beach
Road and containing approximately 10,700 square feet more particularly
described as follows,to wit: commencing at the intersection of the centerlines
of North Ocean Drive and Dania Beach Road, as established by Hollywood
Central Beach Subdivision as recorded in Plat Book 4 at page 20 of the Public
Records of Broward County, Florida, thence run east along the centerline of
Dania Beach Road for a distance of 666.95 feet, thence run northeasterly
along the line which forms an angle of 81 degrees, 33 minutes and 35
seconds to the left with a prolongation of the last described course for a
distance of 101.1 feet to a point, thence run westerly along a line which is
parallel to the aforesaid Dania Beach Road, for a distance of 114.17 feet to a
point, thence southerly along a line which forms an angle of 90 degrees, 08
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minutes, 30 seconds to the left with a prolongation of the last described course
for a distance of 100 feet to a point, thence run easterly along a line parallel
to the aforesaid Dania Beach Road for a distance of 99.08 feet, more or less,
to the point of beginning, together with all buildings, structures and
improvements now and hereafter on said premises, all of LANDLORD's rights,
easements and appurtenances in, adjoining, and adjacent to said premises,
all fixtures attached thereto; and all furnishings, machinery and equipment
including, but not limited to, the personal property listed in Exhibit"A" attached
hereto and made a part hereof; and all gas, steam, electric, water, and other
heating, cooking, refrigerating, lighting, plumbing, ventilating, irrigating, and
power systems, machines, appliances, fixtures, and appurtenances, which
now are or may hereafter pertain to, or be used with, in, or on said premises,
even though they be detached or detachable;
all of which shall be hereinafter referred to as "DEMISED PREMISES".
2. ACCEPTANCE OF DEMISED PREMISES. TENANT hereby accepts the
condition of the DEMISED PREMISES and all of the improvements constructed and
located thereon, and the personal property and equipment contained therein, AS IS,
WHERE IS, WITH ALL FAULTS, without any representation or warranties on the part of
LANDLORD as to the condition of such property, and subject to all limitations and
restrictions imposed on the use of the DEMISED PREMISES. TENANT shall have the
right to use all of the equipment and other personal property located on the DEMISED
PREMISES; however, TENANT agrees not to remove any of such equipment or personal
property without prior written consent of LANDLORD. Upon the expiration of this LEASE,
the personal property and equipment, including all replacements thereof, shall be returned
to LANDLORD in the same condition as received by TENANT upon the execution of this
LEASE, ordinary wear and tear excepted, except that TENANT shall be entitled to remove
the personal property listed on Exhibit "A" under the heading "TENANT'S Personal
Property," so long as TENANT is not and shall not have been in default under this LEASE.
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3. TERM. The term of this LEASE (hereinafter referred to as 'TERM") shall be
for a period of five years, beginning retroactively and effective on February 14, 1999 and
ending at twelve-o-clock midnight on a date five years thereafter, unless sooner terminated
or extended as herein provided.
4. RENT. TENANT shall pay to LANDLORD rent for the DEMISED PREMISES
as set forth below for each year of the TERM, which shall be payable in equal monthly
installments on the first (1st) day of each month, in advance, based upon the total rent for
the year. For any month that TENANT is in possession for a fraction of a month, rent shall
be prorated on a per diem basis. Prorated rent for the first month of this LEASE shall be
paid simultaneously with the execution of this LEASE by TENANT. All rental payments
shall be delivered by TENANT to LANDLORD at the City of Dania Beach, 100 West Dania
Beach Boulevard, Dania, Florida 33004. Rent during the LEASE TERM shall be as
follows:
Year One $18,000.00
Year Two $18,000.00
Year Three $24,000.00
Year Four $24,000.00
Year Five $24,000.00
5. TAXES. TENANT shall pay all Florida state sales taxes and personal
property taxes applicable to and assessed during the TERM of this LEASE. TENANT shall
also pay all ad valorem taxes assessed on the DEMISED PREMISES. All such taxes and
other impositions which TENANT is obligated to pay under the terms of this paragraph
shall be paid by TENANT on or before thirty(30)days from the date upon which same from
time to time become due and payable, provided, however, that in the event such taxes or
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other impositions would become delinquent within a shorter period than thirty (30) days
from the date upon which the same become or may become payable, the TENANT shall
pay the same in ample time to prevent any delinquency, sale, forfeiture or penalty against
the DEMISED PREMISES.
6. SECURITY DEPOSIT. Upon the commencement date of this LEASE, the
TENANT shall pay to the LANDLORD the sum of $3,000.00 (hereinafter referred to as
"SECURITY DEPOSIT"), which shall be deposited with the LANDLORD as security for
TENANT'S full and faithful performance of the terms of this LEASE. The LANDLORD may
use, apply, or retain all or any part of the SECURITY DEPOSIT to the extent required for
the payment of any rent or other sum or debt for which the TENANT is in default or for any
sum expended by the LANDLORD due to TENANT'S default in any term of this LEASE.
If the TENANT complies with all the terms of this LEASE, the SECURITY DEPOSIT shall
be returned to the TENANT after the expiration of this LEASE and after delivery of
possession of the DEMISED PREMISES to the LANDLORD and an inspection thereof by
the LANDLORD to determine full and faithful performance of the terms of this LEASE.
7. CONSTRUCTION.
A. Within thirty-six (36) months after the commencement date of this
LEASE, TENANT shall construct at least Seventy-Five Thousand ($75,000.00) Dollars
worth of improvements to the DEMISED PREMISES, with a minimum expenditure of
$25,000.00 during each year of the first 3 years of the LEASE, to be determined and
agreed upon between the Parties in advance and in writing. The improvements to be
made during the first year of this LEASE are set forth on Exhibit "B" attached hereto and
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made a part hereof. Before the commencement of any construction on the DEMISED
PREMISES, TENANT shall comply in each instance with the following conditions:
1. The plans must be approved by the City, County, State and
any other governmental authorities having jurisdiction over the nature and content of the
improvements to be constructed upon the DEMISED PREMISES, and TENANT must
comply with all such governmental authorities and LANDLORD'S requirements relating to
permits, notices of commencement, final inspection and certificates of occupancy.
2. The TENANT must furnish to LANDLORD a complete set of
the plans and specifications of the proposed improvements.
3. That at the time of the construction of such improvements,
TENANT shall not be in default in the performance of any of the terms, conditions and
agreements of this LEASE.
B. After commencement of construction TENANT agrees to carry such
construction through continuously and with due diligence to completion in accordance with
the plans and specifications. TENANT shall not be liable, however, for any delays in any
construction due to interruptions caused by strikes, walkouts, acts of God, riots, acts of war
or other causes beyond TENANT'S control.
C. It is further understood and agreed by and between the Parties that
the TENANT will, upon completion of the work, exhibit unto the LANDLORD at the
LANDLORD'S demand, bona fide receipted bills and/or sworn-to waivers of liens from all
persons who shall have furnished work, labor, services, and/or materials to the
construction, including architects, utilities and insurance bills; and the TENANT shall exhibit
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unto the LANDLORD sworn waivers and/or receipted bills from all persons who were
subcontractors or materialmen on the job, and the affidavit and release of any general
contractor who may have hired day labor or common labor, showing that all charges for
said work, labor, services and/or materials have been paid and that the lien or liens and
claims which would otherwise have existed therefor shall have been released. The
TENANT shall comply with and observe the laws of the State of Florida with respect to the
payment of all contractors, subcontractors, materialmen and laborers. TENANT shall
obtain the release of any lien filed against the DEMISED PREMISES within twenty (20)
days after the filing of same.
D. Upon completion of the improvements contemplated above, TENANT
shall within thirty (30) days after completion, convey all improvements located on the
DEMISED PREMISES to the LANDLORD by Bill of Sale. TENANT shall be entitled to
make further alterations and modifications of said improvements only with LANDLORD'S
prior written approval, and shall likewise convey all further improvements located on the
DEMISED PREMISES to the LANDLORD by Bill of Sale within thirty (30) days after same
may be completed from time to time.
8. USE OF DEMISED PREMISES. TENANT agrees that it will keep the
DEMISED PREMISES clean and orderly, and shall remove all trash, litter and refuse from
the DEMISED PREMISES. TENANT agrees that the DEMISED PREMISES will be used
only for a restaurant and cocktail lounge known as "Dania Beach Bar& Grill" and will not
be used for any other purpose, or use any other name, without the prior written consent
of LANDLORD. The TENANT shall have the right to sell at the building on the DEMISED
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PREMISES for consumption by the public at such DEMISED PREMISES or on the public
areas adjacent to the DEMISED PREMISES any and all types of food and dairy products,
beer, wine, alcoholic beverages, novelties, sundries, souvenirs, toys, suntan lotions,
sunburn lotions, bathing caps, bathing suits, towels, magazines, soft drinks, patent
medicines, any and all types of tobacco products, beach equipment, postal cards and any
and all types of related products which may be reasonably required by the general public
in their utilization of the beach facilities at Dania Beach, City of Dania Beach, Florida.
TENANT'S rights under this LEASE shall specifically exclude any rights to operate
concessions offering services or merchandise for use or consumption by the general public
in their utilization of the beach facilities at Dania Beach, Dania, Florida, including, but not
limited to, the rental of beach chairs, rafts, boats and beach cabanas, outside the
boundaries of the DEMISED PREMISES. TENANT agrees to keep the business
conducted in the building on the DEMISED PREMISES open daily, seven days a week,
from 8:00 a.m. to 6:00 p.m., or as otherwise agreed upon in writing from time to time with
the LANDLORD.
9. MAINTENANCE AND REPAIRS. Notwithstanding paragraph 2 of this
LEASE, LANDLORD shall keep and maintain in good order, condition and repair(including
any necessary replacements)the structural components of the improvements and buildings
on the DEMISED PREMISES including, without limitation, the roof, exterior walls and floor
slabs. LANDLORD shall be entitled to any insurance proceeds received on account of any
loss or damage to such structural components of the improvements and buildings on the
DEMISED PREMISES, and shall use same to make repairs to such damaged structural
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components of the improvements and buildings on the DEMISED PREMISES. TENANT
shall maintain in good working order, condition, and repair (including any necessary
replacements) every part of the DEMISED PREMISES, including, but not limited to, the air
conditioning and heating systems including, without limitation, exterior mechanical and
electrical equipment related thereto; plumbing and sewage systems including, without
limitation, all faucets, sinks, tubs, showers, toilets, and pipes leading from the DEMISED
PREMISES to the main water and sewer lines; and electrical systems including, without
limitation, all wiring, switches, outlets, fuse boxes, and exterior electrical equipment.
TENANT shall also repair any damage caused to the DEMISED PREMISES by its acts or
neglect or that of its employees, agents, invitees, sub-tenants, licensees, or contractors.
LANDLORD shall not be responsible to maintain or make any improvements or repairs of
any kind, in or upon the DEMISED PREMISES, except as provided herein.
10. COMPLIANCE WITH LAWS AND REGULATIONS. TENANT shall comply
with all Federal, State, County and City laws and ordinances and all rules and regulations
of any duly constituted authority, present and future, affecting or respecting the use or
occupancy of the DEMISED PREMISES by TENANT, or the business transacted thereon
by TENANT, after the commencement of the TERM of this LEASE, including but not limited
to the Americans With Disabilities Act. TENANT'S obligations hereunder shall include the
obligation to alter, or improve the DEMISED PREMISES, if necessary, to effect such
governmental compliance.
11. SURRENDER OF PREMISES. TENANT shall, on the last day of the TERM
of this LEASE, or upon any earlier termination of such TERM, surrender and yield up to
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LANDLORD the DEMISED PREMISES and all improvements thereon, in good working
order, condition and state of repair, reasonable wear and tear excepted.
12. TENANT'S RIGHT TO ALTER AND IMPROVE. TENANT shall not make
any alterations, additions, or improvements to, or install any fixtures on, the DEMISED
PREMISES without LANDLORD'S prior written consent. If such consent is given, all
alterations, additions, improvements, and fixtures shall be installed or made at TENANT'S
expense and shall become LANDLORD'S property upon the conveyance by TENANT to
LANDLORD as set forth previously herein. TENANT shall indemnify and hold harmless
LANDLORD from all expenses, liens, and damages to persons or property arising out of,
or resulting from, occupancy and possession of the DEMISED PREMISES and the
undertaking or the making of any alterations, additions, or improvements as provided
hereunder.
13. UTILITIES. LANDLORD shall not be required to furnish to TENANT any
utilities, facilities or services of any kind, including, but not limited to, telephone, gas, water,
electricity, sewage disposal, or refuge collection during the TERM of this LEASE. TENANT
covenants that it will arrange for and promptly pay for all gas, water, electricity, sewage
disposal and other utilities used in said DEMISED PREMISES during the TERM of this
LEASE.
14. TENANT'S DEFAULT. Should TENANT default in the payment of any rent
or other amount payable hereunder when due, which payment remains unpaid ten (10)
days following the due date, or should TENANT or its officers, agents or employees violate
any of the other terms, conditions or provisions of this LEASE, which default shall continue
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for thirty (30) days following the delivery to TENANT of written notice of such default,
LANDLORD may, at its option, reenter and take possession of the DEMISED PREMISES,
remove TENANT'S property therefrom, relet the DEMISED PREMISES, or any part thereof
on such terms, conditions and rentals as LANDLORD may deem proper, and at
LANDLORD'S option, either terminate and cancel this LEASE, or apply the proceeds that
may be obtained from said reletting after deduction of costs and expenses, to the rent due
under this LEASE, and hold TENANT liable for any balance of rent due hereunder which
may remain unsatisfied and unpaid. However, if any default shall occur, other than in the
payment of money, which cannot with due diligence be cured within a period of thirty (30)
days, and TENANT prior to the expiration of thirty (30) days from and after the giving of
notice as aforesaid, commences to eliminate the cause of such default and proceeds
diligently and with reasonable dispatch to take all steps and do all work required to cure
such default and does so cure such default within a reasonable period of time, then
LANDLORD shall not have the right to exercise its options hereunder by reason of such
default.
15. LANDLORD'S ACCESS TO PREMISES. LANDLORD may enter any part
of the DEMISED PREMISES during regular business hours for the purpose of inspecting
the condition of same or making all necessary repairs or alterations for its safety or
preservation. During the last three months of the TERM of this LEASE, LANDLORD shall
have the right to enter any part of the DEMISED PREMISES to show the property to any
prospective tenant or purchaser during regular business hours. Except in the event of an
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emergency, LANDLORD shall give TENANT twelve (12) hours notice before making an
inspection and five (5) days notice before making any repair or alteration.
16. CASUALTY LOSSES. If the DEMISED PREMISES is destroyed or
damaged by fire or other casualty during the TERM of this LEASE, the TENANT shall
repair, replace, or restore the damaged portion of the DEMISED PREMISES to its
condition before such casualty occurred within thirty (30) days of the date of such fire or
other casualty. All insurance proceeds received by TENANT on account of such damage
shall first be used by TENANT for the repair and restoration of the DEMISED PREMISES.
17. INSURANCE.
A. Public Liability And Property Damage Insurance. TENANT shall, at
its own expense, obtain prior to the commencement of this LEASE, and maintain at all
times during the TERM of this LEASE, policies of insurance generally known as public
liability and property damage insurance, insuring against all claims and demands made by
any person or persons whomsoever for injuries received in connection with the operation
and maintenance of the buildings, structures, and improvements located upon the
DEMISED PREMISES, and all appliances, equipment and machinery located thereon, to
the extent of not less than $500,000.00 for injuries or death to any one person, and not
less than $1,000,000.00 for injuries or death to more than one person in any one accident,
and $100,000.00 for damage to property in any one accident or occurrence.
B. Building Contents Insurance. TENANT shall, at its own expense,
obtain prior to the commencement to this LEASE and maintain during the term of this
LEASE, policies of insurance covering one hundred (100%) percent of the "full insurable
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value" of the personal property located on or within the DEMISED PREMISES including,
without limitation, wall coverings, carpet or other floor coverings, window treatments,
furnishings, equipment, appliances and machinery.
C. Buildings And Improvements Coverage. TENANT shall, at its own
expense, obtain prior to the commencement of this LEASE, and maintain during the term
of this LEASE, insurance against loss or damage caused by fire, windstorm, or such other
risks, hazards, or casualties as are insurable under present and future standard forms of
insurance policies containing "extended coverage" or"extended additional coverage", to
the buildings, structures, or other improvements located on the DEMISED PREMISES in
an amount equal to 100% of full insurable value of said property.
D. Full Insurable Value. As used herein, the term "full insurable value"
shall mean the actual replacement cost of the insured property (exclusive of the cost of
excavation, foundations, and footings below the basement floor, if applicable) without
deduction for physical depreciation.
E. Named Insureds. All policies of insurance obtained in accordance
with the terms of this LEASE shall name both the LANDLORD and TENANT as insureds.
F. Authorized Insurers. All policies of insurance obtained in accordance
with the terms of this LEASE shall be issued with recognized insurers duly authorized to
do business in the State of Florida.
G. Proof Of Insurance. TENANT shall provide LANDLORD proof of such
insurance coverage within fifteen (15) days of the commencement of this LEASE.
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H. Notice Of Amendment Or Cancellation. All policies of insurance
obtained in accordance with the terms of this LEASE shall provide for at least ten (10)
days' written notice to the named insureds of any amendment, reduction, or cancellation
of insurance under each such policy.
I. Landlord's Rights. Upon the default of TENANT in effecting any
insurance coverage required hereunder, or delivering the proof thereof to LANDLORD, or
in paying the premiums therefore, and any and all charges incidental thereto, when the
same become payable, the LANDLORD may procure any such insurance coverage, and/or
pay the premiums or other charges incidental thereto, and any and all amounts so paid by
the LANDLORD shall be additional rental due hereunder, and shall be paid with the next
subsequent installment of rent, which shall become due after such payment by the
LANDLORD.
J. Cooperation Between Parties. TENANT shall cooperate with the
LANDLORD and any mortgagee in connection with the collection of any insurance monies
that may be due in the event of loss, and shall execute and deliver to the LANDLORD and
any mortgagee such proofs of loss, and any other instruments that may be required for the
purpose of facilitating the recovery of any such insurance monies. In the event that the
TENANT shall fail or neglect to so cooperate or to execute, acknowledge and deliver any
such instrument, the LANDLORD in addition to any other remedies may, as the agent or
attorney-in-fact of the TENANT, execute and deliver any proofs of loss, and any other
instruments as may be desirable to the LANDLORD and any mortgagee, for the collection
of such insurance monies, and the TENANT hereby irrevocably nominates, constitutes and
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appoints the LANDLORD as the TENANT'S proper and legal attorney-in-fact for such
purposes, hereby ratifying all that the LANDLORD may do as such attorney-in-fact of the
TENANT.
18. ASSIGNMENT AND SUBLETTING. TENANT agrees not to sell, assign,
mortgage, pledge or in any manner transfer this LEASE, and not to sublet the DEMISED
PREMISES, or any part or parts thereof, without the previous written consent of
LANDLORD, which consent shall not be unreasonably withheld. Notwithstanding the
foregoing, in the event any proposed assignee of TENANT shall have less experience than
TENANT, then LANDLORD'S withholding of its consent shall be deemed reasonable.
19. NO BROKER: HOLD HARMLESS. Each party represents that it has not had
dealings with any real estate or business broker with respect to the LEASE in any manner.
Each party shall hold harmless the other party from all damages resulting from any claims
that may be asserted against the other party by any broker.
20. TENANT'S RIGHT OF FIRST REFUSAL. Not later than six (6) months prior
to the expiration of the TERM, LANDLORD may, but shall have no affirmative obligation
to, prepare a Request for Proposal for bidders to bid on the lease of the DEMISED
PREMISES at the expiration of the TERM for a five (5) year term. In the event that
LANDLORD prepares such a Request for Proposal, and receives bids from third parties
that are responsive to such Request for Proposal, then LANDLORD shall select the
winning bid from such submitted bids in accordance with applicable laws and regulations,
and shall then offer TENANT in writing the right to enter into a new lease on terms equal
to those contained in the winning bid. TENANT shall have ten (10) days following the
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mailing of such written notice within which to notify the LANDLORD in writing as to whether
the TENANT desires to exercise its right to lease the DEMISED PREMISES on the same
terms as contained in the winning bid received by LANDLORD. Any neglect or failure on
the part of the TENANT to respond to the LANDLORD'S notice of the winning bid shall be
conclusively deemed to be an election not to enter into the lease of the DEMISED
PREMISES on such terms. If the TENANT elects to enter into the lease of the DEMISED
PREMISES, the LANDLORD shalt enter into such lease on the terms contained in the
winning bid. If the TENANT elects either directly or indirectly not to enter into the lease of
the DEMISED PREMISES in accordance with the terms and conditions of the winning bid,
then the LANDLORD shall be at liberty to enter into a lease with the winning bidder on the
terms outlined in the winning bid.
21. ENCUMBRANCES. The TENANT agrees not to mortgage or otherwise
encumber the leasehold interest created by this LEASE. The TENANT further agrees that
it shall satisfy or otherwise discharge any and all types of judgment liens which may be
placed against the TENANT'S leasehold interest during the TERM of this LEASE within
thirty (30) days after receiving notice of such judgment liens.
22. INDEMNIFICATION. TENANT shall indemnify and save LANDLORD
harmless from and against any and all claims, demands, suits, actions, damages, liability
and expenses, including attorney's fees, for or in connection with any accident, injury or
damage whatsoever caused to any person or property arising, directly or indirectly, out of
the TENANT'S tenancy hereunder or occurring in, on or about the DEMISED PREMISES
or any part thereof, on the sidewalks or parking areas adjoining the same and any common
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areas and facilities within or appurtenant to the DEMISED PREMISES or arising directly
from any act or omission of TENANT, its agents, contractors, employees, servants,
invitees, licensees or subtenants, acts of God or otherwise. Further, in the event of any
litigation arising from the granting of this LEASE by LANDLORD to TENANT, TENANT
agrees to defend any such litigation at TENANT'S sole expense.
23. NOTICE. Every notice, approval, consent or other communication authorized
or required by this LEASE shall not be effective unless the same shall be in writing and
sent, postage prepaid, by United States Registered or Certified Mail, Return Receipt
Requested, to the Parties as follows:
LANDLORD:
City of Dania Beach
Attn: Michael W. Smith, City Manager
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to:
Thomas J. Ansbro, Esq., City Attorney
Brinkley, McNerney, Morgan, Solomon &Tatum, LLP
200 East Las Olas Boulevard, Suite 1800
Fort Lauderdale, Florida 33301
TENANT:
Mr. Louie Demas, President
Dania Beach Grille, Inc.
65 North Beach Road
Dania Beach, Florida 33004
or to such other address as either party may designate by notice given from time to time
in accordance with this provision. Any notice given in accordance with this provision shall
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be deemed to have been given as of the date such notice shall have been deposited in the
United States Mail.
24. SIGNS. The TENANT may place such advertising and promotional signs
on the grounds or on any of the buildings and improvements on the DEMISED PREMISES,
and in the parking lot adjacent thereto, as it desires, provided such signs do not violate any
governmental law, ordinance, or regulation. TENANT shall cause all existing signs located
on the DEMISED PREMISES to conform with the City of Dania Beach Code of Ordinances
relating to signs within the time set forth on Exhibit "B'to this LEASE.
25. RECORDING. LANDLORD and TENANT agree that this LEASE shall not
be recorded in the Public Records of Broward County, Florida. Any attempted recording
by TENANT of this LEASE shall constitute a termination of the LEASE.
26. NUMBER AND GENDER. All words used herein in the singular number
shall extend to and include the plural number, when the context or facts require it. All
words used herein in any gender shall extend to and include all genders and any pronoun
shall be taken to refer to the person or persons intended, regardless of number or gender.
27. CAPTIONS. The captions appearing in this LEASE are inserted only as a
matter of convenience and in no way define, limit, construe or describe the scope of intent
of the provisions of this LEASE or in any way affect this LEASE.
28. ENTIRE AGREEMENT. This LEASE contains the entire agreement
between the parties hereto and supersedes any and all other agreements, either oral or
in writing, between the parties hereto with respect to this LEASE and the DEMISED
PREMISES. All prior representations, negotiations, statements or understandings between
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the parties regarding this LEASE or the DEMISED PREMISES are merged within and
extinguished by this LEASE and shall have no further force or effect, and the parties are
not relying on any representations or agreements other than those contained in this
LEASE.
29. MODIFICATIONS. No waivers, alterations or modifications of this LEASE
or any agreements in connection therewith, shall be valid unless reduced to writing and
duly executed by both LANDLORD and TENANT.
30. SEVERABILITY OF PROVISIONS. If any term, covenant, condition or
provision of this LEASE, or the application thereof to any person, or circumstance shall,
at any time, or to any extent, be invalid or unenforceable, the remainder of this LEASE, or
the application of such term or provision to persons or circumstances other than those as
to which it is held invalid or unenforceable, shall not be affected thereby, and each term,
covenant, condition and provision of this LEASE shall be valid and enforceable to the
fullest extent permitted by law.
31. BENEFIT. This LEASE shall be binding upon and inure to the benefit of the
parties, their legal representatives, successors, and permitted assigns.
32. CONSTRUCTION OF LEASE PROVISIONS. Each party to this LEASE
has read and fully understands the terms and conditions hereof, and each party has had
the benefit of, or the opportunity to obtain, legal counsel prior to entering into this LEASE.
This LEASE shall be construed without regard to any presumption or other rule of law
requiring construction against the Party causing this LEASE to be drafted.
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33. WAIVER. The forbearance on the art of any
y party from declaring an act
or failure to act to be a breach or default of this LEASE shall not constitute a waiver of a
subsequent breach or default.
34. ATTOR�S FEES AN�Tg, In connection with any litigation arising
out of this LEASE, the prevailing party shall be entitled to recover all costs incurred,
including reasonable attorney's fees, through all appellate levels.
35. RADON GAS. Radon is a naturally occurring radioactive gas that, when
it has accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state guidelines
have been found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county public health unit.
36. APPLICABLE LAW. Any question or matters arising under this LEASE as
to validity, construction, performance or otherwise, shall be governed, interpreted and
enforced in accordance with the laws of the State of Florida, without reference to its
conflicts of law provision.
37. VENUE. The venue for any litigation arising out of, as a result of, relating
to, or pertaining to this LEASE of the performance thereof, shall be in the Circuit Court for
the Seventeenth Judicial Circuit, in and for Broward County, Florida, or in the United States
District Court for the Southern District of Florida, whichever shall entertain jurisdiction.
38. COUNTERPARTS This LEASE may be executed in counterparts, each
of which shall have the effect of being an original LEASE.
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IN WITNESS WHEREOF, the Parties have set their hands and seals, and executed
this LEASE on the day and year first above written.
LANDLORD:
CITY OF DANIA,
a Flo*Bly*
n
ATTEST:
SHERYLC APMAN
ACTING CITY CLERK R
APPROVED FOR FORM
AND CORRECTZ
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
TENANT:
Signed, sealed and delivered DANIA BEACH GRILL, INC., a Florida corporation
in the presence of:
/� / i Z�
�hs'f 5'• iCPhn T
Witness01 LOUIS DEMAS, President
Witness (j,�-I{my �CNf/NCiJ/NV
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on
1999, by Louie Demas, as President of DANIA BEACH GRIL INC., a Florida
corporation, on behalf of the corporation. He is rsonall�y kn w o me or has produced
as identification and di did not) take an oath.
NOTARIAL SEAL: C;&f�
N9�RPUBLIC, State of Florida
,+'"•••"L: !11atm.icnemkman '<
i': Nomry l'uhlrc.Siatc or Florida sC
� �,', Commisson M1b.CC 67U289 ��
Aly Commission F.xp.UB/IU/20UI ss
. 7l.•:'.'q„r///,VIA
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Inv Exhibit"A"DBG Page 1 of 3
Exhibit "A"
Inventory
Dania-Beach Bar & Grill
Item Location
Equipment-Kitchen Area
I Stove, 6 bumer/2 oven/grill top/
l Frymaster, deep fryer
I Frymaster, deep fiyer
I Electric oven grill, S/S
I Bay Marie- S/S-2dr refigerator-Top Bins
1 Bay Marie- S/S- I dr refrigerator
I Freezer, Reach In- White
I Freezer, Reach in-White
I Refrigerator 2dr S/S(Polarquest)
1 Table, pizza , S/S 30"/24"
1 Table, prep , S/S 5'118"
Equipment- Inside Service Area
1 Beer Cooler- 3 dr. (Perfick)
I Freezer- Reach In-White
I Refrigerator-2 dr. S/S
I Refrigerator-I dr. S/S
I Steam Table-2 Bin-3 Hole S/S
I Bay Marie-2 dr.-Top Bins
1 Table- S/S- for Steam Table 48"/24"
Equipment- Rear Storaee Area
I Freezer-I dr. Upright- S/S(PolarQuest)
I Beer Cooler-Walk-in -
I Freezer- Reach In-White
Equipment- Bar Area -Outside
1 Beer Cooler- 2 dr.
1 Ice cube container S/S
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Inv Exhibit"A"DBG
Page 2 of 3
Exhibit " A "
Fixtures - Inside
I Counter, Formica
3 Booths, wall type 6 person wood.
4 Tables, steel 30"
16 Chairs
5 Stools, Bar Wood
2 High Chairs, Children's Wood
I Table Stainless steel
Fixtures - Outside
14 Bar Stools, Wood
6 Umbrellas
4 Tables w/Bench
2 Refuse Containers. Steel
Aualiances Location
I Cusinart Mixer
I Kitchen
Toastmaster 4slice-S/S
I Micro Wave-White(Sharp)
I Slicer- (tvilliam-sonoma)
I Register,(Sweda)
I T V Color 19"
I Refuse Bin round Plastic «
3 Air Conditioners/Window units «
I Sound system, stereo
I Register- Bar
I T V Color 13"
I Stereo System
I Mixer, Oster, Stainless
The items listed above are the personal property of Dania Beach Grill Inc.
BY
-Dania Beach Grill,Inc.
Dated: March 3 1999
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Inv Exhibit"A"DBG Page 3 of 3
Exhibit"A"
The items listed below will become the property of
the City Of Dania Beach
1 Exhaust System
I Fresh Air Return System
1 Canopy 10' Stainless steel
1 Hot Water Heater, Electric 30gal.
1 Fan, Exhaust 1/3hp
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EXHIBIT "B"
IMPROVEMENTS TO BE MADE BY TENANT:
1• LANDLORD agrees to complete certain structural repairs and structurally-related
cosmetic repairs necessary to allow TENANT to complete the improvements
described in this paragraph. Within 30 days after the completion of the repairs to
be performed by the LANDLORD, TENANT shall cause all signs located on the
DEMISED PREMISES to conform with the City of Dania Beach Code of Ordinances
relating to signs. Within 180 days after the completion of the repairs to be
performed by the LANDLORD, TENANT shall paint the Building and other
improvements located on the DEMISED PREMISES.
2. TENANT shall construct a dumpster enclosure on the DEMISED PREMISES within
180 days after the execution of the LEASE.
3. Within 180 days after the execution of the LEASE by TENANT, TENANT shall come
into full compliance with the Americans with Disabilities Act, by constructing a
unisex handicapped-accessible restroom, and such improvements as may be
necessary to give full access to all portions of the Building and other improvements
located on the DEMISED PREMISES, including but not limited to the outside
service area, the inside dining room, and the newly-constructed restroom.
4. All improvements as required under the LEASE shall be made by licensed
contractors, in full compliance with the South Florida Building Code, City of Dania
Beach Ordinances, and the State of Florida Coastal Construction Guidelines for
Construction.
5. All permit fees (only) will be waived for such construction.
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CITY OF DANIA 3
INTEROFFICE MEMORANDUM
OTO- Michael Smith, City Manager
ROM: Ken Koch, Building Official
RE: Beach Grill Building Improvements
DATE February 18, 1999
I would suggest that the City allot approximately $15,000.00 for repairs to this building. Such
repairs would consist of a new roof($7,000.00), minor structural repairs to the exterior walls
($15,000.00),and miscellaneous unforeseen problems($3,000.00).
Additionally, $4,000.00 should be allocated to connect this building to an available sewer
system.
emg
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S U N — S E N T I N E L
ISHED
FORT LAUDERDALEBLBROWARDAILY
CAUNTY/ FLORIDA
NOTICE BEFORE HEARING
CITY
BOCA RATON/ PALM BEACH COUNTY/ FLORIDA COMMANIACH.IT IPA
MIAMI/ DADE COUNTY/ FLORIDA REGARDINOPTI G
FOF THE
L OWINGNPHOPOSED
STATE OF FLORIDA ORDINANCE:
TICECOUNTY OF BROWARD/PALM BEACH/DADE NI at
SMEREBY GIV.
EN That Iho Cily Commis
BEFORE lion of ins C, of Dania
HE UNDERSIGNED AUTHORITY PERSONALLY APPEARED larc
5o°nthe�caller asthnm at.
23, 1999 at 7:30 PIA or as
for maY be heard will con-
Wl:��....•. WHO ON OATH SAYS THAT ductapublich¢aringlntne
SHE IS A DULY AUTHORIZED REPRESENTA7IYE OF THE the Dania Beach it Hal,
CLASSIFIED DEPARTMENT OF THE SUN—S EN7I NEL/ DAILY IOOWeslDaniaBcachBou-
NEWSPAPER PUBdo I
LISHED IN BROWARD/PALM BEACH/DADE COUNTY/ evard,penis Beach,Flaritla
to consider the proposed
FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT/ EEING .A THECIN COMMISSION OF
OrdPnance enlitto :0110 in
AN ORDINANCE OF
NOTICE THE CITY OF DANIA
BEACH, FL ,O RIDA pP.
LE PROVING EXECUTION OF
IN THE MATTER OF TW EENE TM EECTY AND
DANIA BEACH GRILL,INC.,
TYOVKNN TEPD PE ANA
DANIA BEACH GRILL BEACH GRILL AND MO RE
PARTICULARLY DE-
AUTIHORIZING gfi0 SE;
RE
I
IN THE CIRCUIT COURT. WAS PUBLISHED IN SAID NEWSPAPER IN PROPRATEECITY OFDN
THE ISSUES OF OFTHE LEASE BY THEAP-
C / 03/T 0♦ I M CIALS;FURTHER,PROVID-
ING THAT ALL
ORDIANCES OR PAR
3302321 OF ORDNANC SAND ALL
N.
AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A RESOLUTIONS OR PARTS
NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH/DADE THE EX ENTPEA SUCH
UNTY/ FLORIDA, AND THAT THE SAID NEWSPAFER .HAS HERETOFORE CONFLICTS PROVFLAUS ;
SEVERANCE CLAUSE;.EN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM EEACH/DADE PROVIDING A COPY oI this poNesed
FECTIVE DATE. EF-
COUNTY. FLORIDA, EACH DAY/ AND HAS BEEN ENTERED AS SECOND alike of the Ci West l fileCle In CA
CLASS MATTER AT THE POST OFFICE Ordinance Of Is on file Pn Iha
BROYARD COUNTY/ FLORIDA, FOR AE PERIOD ROFL ONE EYEAR ENEXT SAID Boulevard,andDania Ilea h
In-
PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF flPec ed byihe public Euring
ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/SHE HAS "°rmelworking riles.
Inleresled parties may
NEITHER PAID NOR PROMISED ANY PERSON/ FIRM OR CORFORATI(N gendlEeheorealtn
ANY DISCOUNT/ REBATE/ COMMISSION OR REFUND FOR a spelt to Iha propp°sea.
OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN ESAID PCSE A"y peraon whodecides to
Piwei anY aeclsion made
A E WS P A P S R. by the Cho Commission w th
respect to anyy mafter wn-
eldered et Ihle hearing will
need a record of the pro-
ceedinga and for Such pur-
poae may nced to ensure
.• , Ihat a verbatim record of
(S
•••,...',a.....,a..•.e••.... the praceetlIn a Is made,
GNATURE OF AFFIANT) welch 0°ord')naaaaa the
leellmony and evidence
upon whkh the appeal tatIn
SWORN 70 °°based'
AND SUBSCRIBED BEFORE ME Amanten«wllh DIse
bl111ies
THIS 10 DAY OF MARCH Aot,persons needing aesies
a.
A.D. 999 la^ca to partk;p to m any
�J of the proceedings ahouid
con lap Merle Jabalee, it
-. iClerk, S00 West Dania
/A/7j �.//j� Beach Boulevard, Dania,
(SIGNATURE OF NOTARp�P����PUBLIC) e� Fbrida 330to (t t
B700 exit 202 he meet 72
,,,o Y47 ,Mfr„ Tara L.VIXC, hwK prior to the meaen e
/s/ Charlene
Salt la
_ MY COMMISJulySION I.2001 35 EXPIRE. Deg°IY City Clerk
�7 - Marc to, 7999
'•;i;w..��?` July 20,2g01
„. 69NOf011W1... ar3U0.l'M,F.
NAME OF NOTARY TYPED; PRIN7E'D...OR STAMPED)
PERSONALLY KNOWN ......,
OR
PRODUCED IDENTIFICATION
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CITY OF DANIA BEACH
MEMORANDUM
Via Email
TO: MICHAEL W. SMITH, CITY MANAGER
FROM: DAVID F. HANLEY, ESQ., ASSISTANT CITY ATTORNEY
DATE: FEBRUARY 16, 1999
RE: DANIA BEACH GRILL, INC.
At the request of Tom Ansbro, I am enclosing the proposed Lease Agreement for
Dania Beach Grill, Inc., as conceptually approved by the City Commission at its February
10, 1999 meeting. We were directed to prepare an Ordinance for City adoption, which we
expect to be ready before the next scheduled Commission meeting. The only change thbt
I have made to the previous draft of the Lease Agreement is contained in paragraph 8
where we have changed the hours of operation to read 8:00 a.m. to 6:00 p.m. The Lease
will be effective retroactively as of February 14, 1999.
It is my understanding that the Commission expressed some concerns regarding
coordination between the City and the Tenant regarding improvements to be made to the
property. In that regard, please note that we have listed on Exhibit"B'those improvements
which are to be made during the first year of the Lease term. I believe it would be prudent
to ask the"code inspection team"to determine what work will need to be performed by the
City to allow the Tenant to complete its first year improvements, and to clarify any other
questions or issues involved in same. I believe that the present language of paragraph 7
is sufficient to provide the mechanism by which the City and the Tenant may coordinate
those improvements to be made in the following two years.
Finally, it is my understanding that the Tenant is in the process of preparing an
Exhibit"A'which will detail the City's personal property contained in the premises, and the
Tenant's personal property. Please carefully review the list to ensure that it is accurate,
especially since the items listed as Tenant's personal property may be removed by the
Tenant at the expiration of the Lease term.
Should you have any questions or comments regarding the foregoing, please do not
hesitate to contact Tom Ansbro or me.
DFH/mc
Enclosures
cc: Kenneth Koch, Building Official, Growth Management
Louie Demas, Dania Beach Grill, Inc. (via facsimile)
G]WPHLESUAMANIAIOTHER MATTERSTeach Gnll ON-MT Smifh.MO4
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