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Home My WebLink AboutR-1999-226.. 7 i _ .... �,v,.r..__„ —� .,*� � ; - , 4. c � ``r ,\ �; �- ._ d �- s r � RESOLUTION NO. 226-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 214-99 ADOPTED OCTOBER 12, 1999 IN ORDER APPROVE A REVISED LEASE AGREEMENT BETWEEN DELORES M. MASSELLI AND THE CITY OF DANIA BEACH FOR PROPERTY LOCATED AT 2229 GRIFFIN ROAD, APARTMENTS 1, 2, & 3, AKA/ FIRE STATION NO. 93; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That that certain Lease Agreement between Dolores M. Masselli and the City of Dania Beach for property at 2229 Griffin Road, Apartments 1,2, and 3, aka/ Fire Station #93, adopted by Resolution No. 214-99 on October 12, 1999, in substantial form as Exhibit "A", attached, has been revised. Section 2: That the Lease Agreement between Dolores M. Masselli and the City of Dania Beach for property at 2229 Griffin Road, Apartments 1,2 and 3, aka/ Fire Station No. 93, in substantial form as Exhibit "B", attached, is approved and the appropriate city officials are authorized to execute it. Further, the City Manager and City Attorney are authorized to make minor revisions to such Lease Agreement as are deemed necessary and proper for the best interests of the City. Section 3: That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on the 9`h day of Nov ber,1999. l R - COMMISSIONER J r 7 ATTEST: ROLL CALL: MAYOR BERTINO - YES VICE-MAYOR MCELYEA- YES sHERYL C APMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FOR7 AND CORRECTNESS: BY:�_ . THOM J. NSB O CITY ATTORNEY RESOLUTION NO. 226-99 f r. r "f LEASE AGREEMENT /��,/ By this Agreement made on the-A)— �p t^�day of a v—I 1999, between DELORES M. MASSELLI, whose address is 5640 E. Marina Drive, Fort Lauderdale, FI 33312, (hereinafter called "Landlord") and the City of Dania Beach, whose address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (hereinafter called `Tenant'), landlord leases to tenant the property situated at 2229 Griffin Road, Apartments 1,2 & 3, aka/Fire Station #93, Dania Beach, Florida as shown on survey prepared by Maurice E. Berry, II dated 10/09/85, a copy of which is annexed hereto as Exhibit"A", more particularly described as follows: Lot 14, Block 1, less road right-of-way, "WEST DANIA HEIGHTS", as recorded in Plat Book 23, Page 49, of the public records of Broward County, Florida. 1. RENT. Tenant agrees to pay, without demand, to landlord as rent for the premises, $1,700.00 per month, in advance, on the Vt day of each calendar month, retroactive to October 1, 1999, at 5640 E. Marina Drive, Fort Lauderdale, Florida 33312 or such other place as landlord may designate in `N writing, for a period of one (1) year, with the Lease terminating September 30, 2000. 2. UTILITIES. Tenant shall be responsible for the payment for all utility services required on the premises, including but not limited to, electric and water. Tenant shall be responsible for septic tank cleaning and all repairs of the plumbing on the leased premises. 3. PERSONAL PROPERTY. The personal property included with this lease are the following: Three (3) refrigerators, three (3) stoves, two (2) air conditioners, three (3) hot water heaters, and fire extinguishers. Tenant shall keep the personal property repaired and maintained in addition to keeping any fire extinguishers thereon current as required by law. 4. MAINTENANCE AND REPAIRS. Tenant will keep and maintain the premises and appurtenances in good condition and repairs during the term of this lease and any renewal thereof, including lawn maintenance. This is a net lease and the tenant shall be solely responsible for the care and maintenance of the property, except for the replacement of the roof, which will be by the Landlord. 5. STRUCTURAL CHANGES. Any structural changes in the building on the leased premises made in connection with the installation of wall or window air conditioning units by tenant must be fully restored to the original condition upon the removal of such units in a manner reasonably satisfactory to Landlord. Landlord has in previous leases given permission to the Tenant to make an opening between apartments 1 and 2 for access between the two units. Tenant 1 f i�- F 1- r/ has made such an opening between apartments 1 and 2. Tenant shall repair the wall and place it in the condition in which it previously existed upon termination of the lease. Until the wall is repaired, the Tenant shall continue to pay rent provided in this lease. 6. UPGRADE OF SERVICE. If apartment 3, or any other unit, requires any upgrade in electric or other facilities or utilities, the tenant shall be solely responsible for the payment of such changes or upgrades. 7. SURRENDER OF LEASE. At the expiration of the lease term, tenant shall surrender the premises and appliances in clean and in as good working condition as they were at the commencement of this lease, reasonable use and wear and damages by the elements excepted. 8. INSURANCE. Tenant shall provide liability insurance covering any and all injuries that may occur on or about the premises for all persons coming on or about the leased premises as a result of leasing said premises to tenant. Tenant shall provide verification of said insurance to landlord. 9. DEFAULT. If tenant fails to pay rent when due and the default continues for three (3) days after delivery of a written demand by landlord for payment of the rent or possession of the premises, landlord may terminate this lease. 10. TERMINATION. Tenant has the right to terminate this lease with a ninety (90) days advance written notice to Landlord. It is agreed that all lease payments due will be pro-rated up through the actual day of termination. 11. BINDING EFFECT. The covenants and conditions contained in this lease set forth the entire understanding of the parties, and shall apply to and bind the heirs, legal representatives and assigns of the parties to this lease, and all covenants are to be construed as conditions of the lease. No provision of this lease may be altered unless a document of equal dignity with this document is executed by the parties hereto. 12. RECOVERY OF COST. In any action taken to enforce or interpret this lease, the prevailing party will be entitled to recover all costs and expenses, including court costs and a reasonable attorney's fee incurred as a result. 13. EXECUTION. If this lease is not fully executed on or before November 15,1999, the month to month lease shall immediately terminate and the Tenant shall remove itself and make the repairs provided in the previous leases all not later than November 30, 1999. 2 Y R n T Ft 1999. WITNESS our hands and seals this ILday ofr ,) ,l R°: .�� Dolores M. Massem t ATTEST: TENA . f . CI OF A "AC RIDA Gz i�ri�& � By: cting Cit Clerk a y -COM issioner APPROVED AS TO FO M AND CORRECTNESS: Sy: ✓- City Att me By. City M 3 f r=- R b r 7 RESOLUTION NO. 214-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN DELORES M. MASSELLI AND THE CITY OF DANIA BEACH RELATING TO PROPERTY SITUATED AT 2229 GRIFFIN ROAD, APARTMENTS 1, 2, & 3; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That the certain Lease Agreement between Dolores M. Masselli and the City of Dania Beach relating to property situated at 2229 Griffin Road, Apartments 1,2, and 3, a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized to execute same. Section 2: That this resolution shall be in force and take effect 1` immediately upon its passage and adoption. PASSED AND ADOPTED on the 12'h day of October,1999. MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR BERTINO - YES SHERYL CHAPMAN VICE-MAYOR MCELYEA- YES ACTING CITY CLERK COMMISSIONER ETLING -YES COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 1 RESOLUTION NO. 214-99 s- f r-- h T- I' LEASE AGREEMENT By this Agreement made on the day of . 1999 between DOLORES M. MASSELLI, whose address is 5640 E. Marina Drive, Fort Lauderdale, Florida 33312, (hereinafter called "Landlord") and the City of Dania Beach, whose address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (hereinafter called 'Tenant"), landlord leases to tenant the property situated at 2229 Griffin Road, Apartments 1,2 & 3, Dania Beach, Florida as shown on survey prepared by Maurice E. Berry, II dated 10/09/85, a copy of which is annexed hereto as Exhibit"A", more particularly described as follows: Lot 14, Block 1, less road right-of-way, "WEST DANIA HEIGHTS", as recorded in Plat Book 23, Page 49, of the public records of Broward County, Florida. 1. RENT. Tenant agrees to pay, without demand, to landlord as rent for the premises, $1,700.00 per month, in advance, on the I" day of each calendar month, retroactive to October 1, 1999, at 5640 E. Marina Drive, Fort Lauderdale, Florida 33312 or such other place as Landlord may designate in writing, for a period of one (1) year, with the Lease terminating September 30, 2000. 2. UTILITIES. Tenant shall be responsible for the payment for all utility '\ services required on the premises, including but not limited to, electric and water. Tenant shall be responsible for septic tank cleaning and ordinary repairs of the plumbing on the leased premises. 3. PERSONAL PROPERTY. The personal property included with this lease are the following: Three (3) refrigerators, three (3) stoves, two (2) air conditioners, three (3) hot water heaters, and fire extinguishers. Tenant shall keep the personal property repaired and maintained in addition to keeping any fire extinguishers thereon current as required by law. 4. MAINTENANCE AND REPAIRS. Tenant will keep and maintain the premises and appurtenances in good condition and make ordinary repairs during the term of this lease and any renewal thereof, including lawn maintenance. This is a net lease and the tenant shall be solely responsible for the care and maintenance of the property except for the replacement of the roof, or repair or replacement of any other structural element, if necessary, which will be by the Landlord. 5. STRUCTURAL CHANGES. Any structural changes in the building on the leased premises made in connection with the installation of wall or window air conditioning units by tenant must be fully restored to the original condition upon the removal of such units in a manner reasonably satisfactory to Landlord. Landlord has in previous leases given permission to the Tenant to make an opening between apartments 2 and 3 for access between the two units. Tenant has made such an EXHI®PT 'W' � r f s r 7 I' opening between apartments 2 and 3. Tenant shall repair the wall and place it in the condition in which it previously existed upon termination of the lease. Until the wall is repaired, the Tenant shall continue to pay rent provided in this lease. 6. UPGRADE OF SERVICE. If apartment 3, or any other unit, requires any upgrade in electric or other facilities or utilities, the tenant shall be solely responsible for the payment of such changes or upgrades. 7. SURRENDER OF LEASE. At the expiration of the lease term, Tenant shall surrender the premises and appliances in clean and in as good working condition as they were at the commencement of this lease, reasonable use and wear and damages by the elements excepted. 8. INSURANCE . Tenant shall provide liability insurance covering any and all injuries that may occur on or about the premises for all persons coming on or about the leased premises as a result of leasing said premises to Tenant. Tenant shall provide verification of said insurance to landlord. 9. DEFAULT. If Tenant fails to pay rent when due and the default continues for three (3) days after delivery of a written demand by landlord for payment of the rent or possession of the premises, landlord may terminate this lease. 10. TERMINATION. Tenant has the right to terminate this lease upon ninety (90) days advance written notice to Landlord. It is agreed that all lease payments due will be pro-rated up through the actual day of termination. 11. EFFECT. and conditions contained in IN lease set forthBthe ennti a understanding of therants part es, and shall apply to and bind th'e heirs, legal representatives and assigns of the parties to this lease, and all covenants are to be construed as conditions of the lease. No provision of this lease may be altered unless a document of equal dignity with this document is executed by the parties hereto. 12. RECOVERY OF COSTS. In any action taken to enforce or interpret this lease, the prevailing party will be entitled to recover all costs and expenses, including court costs and a reasonable attorney's fee incurred as a result. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. LANDLORD: DOLORES M. MASSELLI SIGNATURES CONTINUED ON FOLLOWING PAGE-- d- r '1 I 6 1 TENANT: ATTEST: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation By: SHERYL CHAPMAN JOHN BERTINO ACTING CITY CLERK MAYOR-COMMISSIONER By: MICHAEL W. SMITH CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY ❑OMMSWOLI WPALES%C LIEN TSIDANIAkFIRE DEPDF IRE STN k9J MASSELLI LEASE MSW AGMTda f t"- y i I CITY OF DANIA BEACH FIRE-RESCUE DEPARTMENT INTER-OFFICE MEMORANDUM TO: Michael W. Smith, City Manager FROM: Michael L. Brown, Deputy Fire Chi RE: Lease for Station 93 DATE: November 3, 1999 Attached hereto is Lease Agreement relating to the temporary quarters of Station 93. A form of Lease Agreement was approved by the city commission on October 12, 1999, r however, Mrs. Masselli did not accept that document as written and has submitted a new Lease Agreement prepared by her attorney. This new lease contains a 90 day notice for termination clause (by tenant) but, other than that, the terms are very similar to those we have agreed to in the past. Accordingly, I hereby request that approval of this revised lease agreement be placed on the agenda for the next commission meeting to be held on November 9, 1999. For your further information, this revised lease has been reviewed by Lindsey Payne, Esquire, in the city attorney's office, who has been notified that we are requesting approval thereof from the city commissioners. If you have any questions relating to the above, please do not hesitate to contact me. MLB:clb attachment 4c.. , I I CITY OF DANIA BEACH MEMORANDUM TO: MICHAEL W. SMITH, CITY MANAGER FROM: THOMAS J. ANSBRO, ESQ., CITY ATTORNEY DATE: OCTOBER 5, 1999 RE: FIRE STATION 93 LEASE/MASSELLI My office has reviewed the proposed Lease with Dolores M. Masselli for the property located at 2229 Griffin Road, Apartments 1, 2 & 3, Dania Beach, Florida, a copy of which is attached for your reference. Although we would typically comprehensive document, it is my understanding that the City has operated under this form of lease for some time without any problems. In light of this, the only changes we have made are for clarification purposes. DFH/LAP/nd Aft. D:IWPFILESICLIENTSIDANIAIFIRE DEMTIF Sln#93-Masselli Lease-MSW-MOLdo 1- f I t, RESOLUTION NO. 214-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN DELORES M. MASSELLI AND THE CITY OF DANIA BEACH RELATING TO PROPERTY SITUATED AT 2229 GRIFFIN ROAD, APARTMENTS 1, 2, & 3; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That the certain Lease Agreement between Dolores M. Masselli and the City of Dania Beach relating to property situated at 2229 Griffin Road, Apartments 1,2, and 3, a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized to execute same. Section 2: That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on th 2�h Ao - er, 9. ISSIONER ATTEST: ROLL CALL: MAYOR BERTINO- YES VICE-MAYOR MCELYEA- YES 4SR—YL WCHAPMA COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY:_� THOMASJ. AN BRO CITY ATTORNEY 1 RESOLUTION NO. 214-99 f r LEASE AGREEMENT By this Agreement made on the day of 1999, between DOLORES M. MASSELLI, whose address is 5640 E. Marina Drive, Fort Lauderdale, Florida 33312, (hereinafter called "Landlord") and the City of Dania Beach, whose address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (hereinafter called "Tenant"), landlord leases to tenant the property situated at 2229 Griffin Road, Apartments 1,2 & 3, Dania Beach, Florida as shown on survey prepared by Maurice E. Berry, II dated 10/09/85, a copy of which is annexed hereto as Exhibit"A", more particularly described as follows: Lot 14, Block 1, less road right-of-way, "WEST DANIA HEIGHTS", as recorded in Plat Book 23, Page 49, of the public records of BrOward County, Florida. 1. RENT. Tenant agrees to pay, without demand, to landlord as rent for the premises, $1,700.00 per month, in advance, on the I" day of each calendar month, retroactive to October 1, 1999, at 5640 E. Marina Drive, Fort Lauderdale, Florida 33312 or such other place as Landlord may designate in writing, for a period of one (1) year, with the Lease terminating September 30, 2000. 2. UTILITIES. Tenant shall be responsible for the payment for all utility services required on the premises, including but not limited to, electric and water. Tenant shall be responsible for septic tank cleaning and ordinary repairs of the plumbing on the leased premises. 3. PERSONAL PROPERTY. The personal property included with this lease are the following: Three (3) refrigerators, three (3) stoves, two (2) air conditioners, three (3) hot water heaters, and fire extinguishers. Tenant shall keep the personal property repaired and maintained in addition to keeping any fire extinguishers thereon current as required by law. 4. MAINTENANCE AND REPAIRS. Tenant will keep and maintain the premises and appurtenances in good condition and make ordinary repairs during the term of this lease and any renewal thereof, including lawn maintenance. This is a net lease and the tenant shall be solely responsible for the care and maintenance of the property except for the replacement of the roof, or repair or replacement of any other structural element, if necessary, which will be by the Landlord. 5. STRUCTURAL CHANGES. Any structural changes in the building on the leased premises made in connection with the installation of wall or window air conditioning units by tenant must be fully restored to the original condition upon the removal of such units in a manner reasonably satisfactory to Landlord. Landlord has in previous leases given permission to the Tenant to make an opening between apartments 2 and 3 for access between the two units. Tenant has made such an EXHIBIT "A" 4- r~ -I opening between apartments 2 and 3. Tenant shall repair the wall and place it in the condition in which it previously existed upon termination of the lease. Until the wall is repaired, the Tenant shall continue to pay rent provided in this lease. 6. UPGRADE OF SERVICE. If apartment 3, or any other unit, requires any upgrade in electric or other facilities or utilities, the tenant shall be solely responsible for the payment of such changes or upgrades. 7. SURRENDER OF LEASE. At the expiration of the lease term, Tenant shall surrender the premises and appliances in clean and in as good working condition as they were at the commencement of this lease, reasonable use and wear and damages by(lie elements excepted. 8. INSURANCE . Tenant shall provide liability insurance covering any and all injuries that may occur on or about the premises for all persons coming on or about the leased premises as a result of leasing said premises to Tenant. Tenant shall provide verification of said insurance to landlord. 9. DEFAULT. If Tenant fails to pay rent when due and the default continues for three (3) days after delivery of a written demand by landlord for payment of the rent or possession of the premises, landlord may terminate this lease. 10. TERMINATION. Tenant has the right to terminate this lease upon ninety (90) days advance written notice to Landlord. It is agreed that all lease payments due will be pro-rated up through the actual day of termination. 11. BINDING EFFECT. The covenants and conditions contained in this lease set forth the entire understanding of the parties, and shall apply to and bind the heirs, legal representatives and assigns of the parties to this lease, and all covenants are to be construed as conditions of the lease. No provision of this lease may be altered unless a document of equal dignity with this document is executed by the parties hereto. 12. RECOVERY OF COSTS. In any action taken to enforce or interpret this lease, the prevailing party will be entitled to recover all costs and expenses, including court costs and a reasonable attorney's fee incurred as a result. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. LANDLORD: DOLORES M. MASSELLI SIGNATURES CONTINUED ON FOLLOWING PAGE-- f b y 0 • TENANT: ATTEST: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation By: SHERYL CHAPMAN JOHN BERTINO ACTING CITY CLERK MAYOR-COMMISSIONER By: MICHAEL W. SMITH CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 1\DMMSIVOLI%WPFILES\CLIENTSTANIAIFIREDEPTTFIRESTNi93 MASSELLI LEASE-MSWAGMT.da f