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HomeMy WebLinkAboutR-1987-20.1 .ram.. ..�..__ a I RESOLUTION NO. 20. 1_87 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA, AND DONALD V. STREETER; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: i Section That the City Commission of the City of Dania, i Florida, hereby approves and authorizes the appropriate city Officials to execute that certain lease agreement between the City jof Dania, Florida, and Donald V. Streeter providing for the i operation of the Dania FishingPier and Restaurant a � copy of which is attached hereto as EXHIBIT A. i a Section That all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict. Section g. That this resolution shall be in force and take effect on June 1, 1987. PASSED and ADOPTED on this 24th day of March , 1987. i a...� MAYOR — COMMIS ONER ATTEST: c.ITY CLERK AUDITOR APPROVVED pFOR FORM AND CORRECTNESS: ' BY:-, FRANK C. ADLER, CITY ATTORNEY r Jj I I1 I I � J Resolution No. 20.1-87 J LEASE AGREEMENT FOR I FISHING PIER COMPLEX THIS LEASE AGREEMENT, made and entered into this day of June, 1987, by and between CITY OF DANIA, a Florida municipal corporation (hereinafter referred to as the "Landlord") and DONALD V. STREETER, individually, doing business as PELICAN'S PLACE (hereinafter referred to as the "Tenant") . W I T N E S S E T H WHEREAS , for the purposes and intents of this Lease Agreement, the parties hereto agree that abbreviated, shortened or informal i names , words , phrases or references may be sometimes used herein i for the purposes of reducing the length of this Lease Agreement and making its meaning clearer; and WHEREAS, the parties hereto further agree that such names , words, phrases or references shall have, unless the context obviously requires otherwise, the following meanings and defini- tions, to-wit: "fishing pier": fishing pier"; as used herein, shall mean and refer to the wooden and concrete pier structure which is owned by the Landlord at Dania Beach, Dania, Broward County, Florida, extending from approximately the mean high-water mark of the Atlantic Ocean, at the western extremity, in an easterly direction into the Atlantic Ocean for approximately 820 feet and being constructed on approximately and in part on the lands described as Lot 34 , Block 207, Hollywood Central Beach, according to the plat thereof recorded in Plat Book 4 , Page 20, Public Records of Broward County, Florida. "pier building" , pier building" , as used herein, shall mean and refer to the certain CBS building that is p resently connected to the fishing pier on the landside and which consists of a bait and tackle shop, restaurant , toilet facilities , public areas and an approach ramp, i i i f "EXHIBIT All J "fishing pier complex" "fishing pier complex" , as used herein, shall mean and refer collectively to the fishing Pier and the pier building. "decking planks" decking planks" , as used herein, shall mean and refer to the pressure treated wooden planks which form the top of the fishing pier and which are more specifically defined as the wooden planks on which the public walks when using the fishing pier. "sleeper" "sleeper", as used herein, shall mean and refer to the substantial timbers which run lengthwise for the length of the fishing pier , which are permanently fastened to the concrete piers on the underside and which form the base to which the decking planks are fastened on the top side . "City Manager" "City Manager" , as used herein , shall mean and refer to the City Manager, City of Dania , Florida. "Lease Agreement" j "Lease Agreement" , as used herein , shall mean and refer to the within Lease Agreement . ^ WHEREAS, the Landlord owns the fishing pier complex which i is a recreational facility that the Landlord owns in a proprietary capacity; and i WHEREAS, Article 4 . , Part XII . , of the Charter of the City i of Dania, a Florida municipal corporation, authorizes the Land- lord to lease its property; and WHEREAS, the Landlord desires to lease the fishing pier complex to the Tenant under the terms and conditions stated herein; and WHEREAS, the Tenant is willing to lease the said fishing pier complex from the Landlord under the said terms and conditions, KNOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS as follows : I. AGREEMENT TO RENT i That for and in consideration of the rent herein reserved I to be paid by the Tenant, and in consideration of the covenants herein to be kept and performed by the Tenant , the Landlord does I I -2- hereby lease unto the Tenant , and the Tenant does hereby take from the Landlord, the fishing pier complex, TO HAVE AND TO HOLD the same for a term of sixty (60) months , commencing June 1 , 1987, and ending May 31 , 1992 , under the terms and conditions stated herein. II . RENT The Tenant covenants and agrees to pay to the Landlord as basic rental for the demised property (and for the aforesaid term of sixty (60) months) the total sum of FOUR HUNDRED FIFTY THOUSAND AND N0/100 DOLLARS ($450 , 000 . 00) , plus Florida sales tax thereon, payable in sixty (60) equal monthly installments of SEVEN THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($7, 500 . 00) each, in advance, plus Florida sales tax, with the first of said in- stallments to be due on the 1st day of June, 1987, and with the remaining installments to be due on the 1st day of each and every month in advance, thereafter, up to and including the lst day of May, 1992. Said monthly rental payments shall be due and payable as aforesaid without demand at the City Hall , Dania, i Florida. The Tenant , in addition to the foregoing , agrees to pay Landlord five (5) percent of the gross income derived from the i operation of the pier complex in excess of FIVE HUNDRED THOUSAND AND N0/100 DOLLARS ($500, 000. 00) to the sum of SEVEN HUNDRED FIFTY THOUSAND AND N0/100 DOLLARS ($750, 000 . 00) per year, and plus two and one-half percent (2 1/2%) of gross income in excess of SEVEN HUNDRED FIFTY THOUSAND AND N0/100 DOLLARS ($750, 000. 00) per year, all as additional rental with said additional rental plus Florida sales tax thereon, to be paid by Tenant to Landlord on the fifteenth (15th) day of June following the end of each year in which such receipts were collected by Tenant . In the event the fishing pier complex is determined by proper authorities to be unsafe for public use, rental payments as here- inabove provided to be paid shall abate and cease until said complex is determined to be safe for the public ' s use. J -3- III. SECURITY DEPOSIT (a) The Tenant , concurrently with the execution of this Lease Agreement , has deposited with the Landlord the sum of TEN THOUSAND AND NO/100 DOLLARS ($10 , 000. 00) , the receipt of which is hereby acknowledged by the Landlord, which sum shall be retained by the Landlord, in an interest bearing account, as security for the payment by the Tenant of the rents herein agreed to be paid by the Tenant and for the faithful performance by the Tenant of the terms and covenants of this Lease Agreement. It is agreed that Landlord, at Landlord' s option , may at any time apply said sum towards the performance of each and every of. Tenant ' s covenants under this Lease Agreement , but such covenants and Tenant ' s liability under this Lease Agreement shall be discharged i only pro tanto. The Tenant shall remain liable for any amounts that such sum shall be insufficient to pay. The Landlord may exhaust any or all rights and remedies against the Tenant before i resorting to said sum, but nothing herein contained shall require I or be deemed to require the Landlord so to do. { (b) At the end of the term of this Lease, the security deposit, together with the accrued interest thereon, shall be re- turned by the Landlord to the Tenant if it has not been necessary (as of said date) to use any part of the security deposit for any of the purposes set forth in paragraph (a) of the within article. That is , if the Tenant is not in default in the performance of any of his covenants and undertakings at the time that the refund of the security deposit is due, the parties agree that the security deposit of $10 ,000. 00, plus the accrued interest thereon, shall be refunded by the Landlord to the Tenant (or to the Tenant ' s assignee if the Lease Agreement is properly assigned during its term) . IV. ASSIGNMENT Tenant shall not assign or sublet the demises premises , or any portion thereof, without the prior written consent of the -4- i 1 li Landlord, which consent shall not be unreasonably withheld. in the event of such assignment , the assignee shall expressly consent in writing to the terms of this Lease Agreement and shall assume all of the obligations of the original Tenant. V. USE OF PREMISES (a) The Tenant shall operate the bait and tackle shop lo- cated in the pier building 24 hours per day, seven days per week, during each and every week of the term of this Lease Agreement . The Tenant shall sell all usual and ordinary types of bait used for sports fishing and shall further maintain a complete inventory of all customary types of fishing tackle , fishing equipment , fishing supplies , and related types of merchandise. (b) The Tenant shall also operate the fishing pier for the benefit of the public generally and the fishing pier shall be open 24 hours per day, seven days per week, during the term of this Lease Agreement. However , during periods of hurricane or storms , i the City Manager shall have authority to approve the closing of the fishing pier until such time as the hurricane or storms abate. (c) The Tenant shall operate the restaurant located in the pier building a minimum of eight (8) hours per day, seven (7) days per week, during each and every week of the term of this Lease Agreement. (d) Tenant shall have the right to replace and/or remove vending machines at the pier complex. The number, type and loca- tion of such vending machines shall be subject to the written ap- proval of the Landlord. Proper care and maintenance of such vending machines (both mechanical and appearance wise) shall be the sole responsibility of the Tenant , with such maintenance to be strictly monitored by Landlord. (e) In addition to the foregoing, Tenant shall properly main- tain, repair and keep in good operating condition all fixtures equipment and furnishings owned by Landlord and located in and about the within leased premises. All costs of repair, maintenance and replacement of such fixtures , equipment and furnishings, shall i J -5- be done at the sole expense of Tenant and shall be accomplished within a reasonable time after the need for the repairs and/or maintenance becomes apparent. An inventory of all such personal property shall be recorded in writing with the original of same to be filed with the Auditor - Clerk of the Landlord and updated periodically. None of said personal property shall be replaced or disposed of without Tenant first obtaining the written consent from Landlord to do so . All fixtures installed by Tenant in or on the demised premises shall immediately become property of Landlord without any compensation of any kind due Tenant . VI . RIGHT TO CHARGE ADMISSIONS TO FISHING PIER The Tenant shall have the right to charge reasonable admis- sion fees to patrons or spectators desiring admission to the i fishing pier. In connection with such charges , the Tenant shall have the further right to maintain gates or other devices to control the flow of patrons onto the fishing pier. It is understood w and agreed by Tenant and Landlord that Tenant shall not increase said fishing pier admission fees during the term of this lease except to reflect the cost of living increases as reported by the U. S. Department of Labor cost of living indexes . Each such cost of living increase, if any, shall be submitted by Tenant to Landlord for its written approval. VII. MAINTENANCE OF RAILINGS, DECKING PLANKS, WATER FACILITIES LIGHTING AND STRUCTURE OF THE FISHING PIER (a) As of the beginning of this Lease Agreement and at all times during the term of same, and any renewal thereof, the Landlord shall have the sole obligation and duty to repair and replace the vertical guard rails of the fishing pier. The Tenant j shall have no particular duty to become involved with the repair or replacement of the vertical guard rails except to notify Land- lord of any such repairs or maintenance when needed. i (b) The City Manager shall inaugurate a program regarding i -6- 1 the replacement of the decking planks at the fishing pier so that the decking planks are replaced periodically and continu- ously as individual decking planks become in a state of disrepair. (c) The Tenant shall have no obligation to furnish materials or labor to replace any sleepers to which the decking planks are connected and it shall be the obligation of the Landlord to repair and replace any sleepers. (d) It is the general purpose and intent of the parties to this Lease Agreement that pressure treated wood be used at all times with regard to any replacements of vertical railings or decking planks and the parties further understand that said wood, if pressure treated, does not require the application of further preservatives to prevent rot and deterioration. However, if the Landlord should determine that the fishing pier might be better maintained or preserved through the application of paint or other wood preservatives , the Tenant shall furnish the labor " to paint the fishing pier or to apply such wood preservatives , on condition that the Landlord pay for and furnish all paint , paint i brushes , preservatives and related products. (e) During the entire term of the Lease Agreement , or any renewal thereof , the fishing pier complex shall be maintained by Tenant so that it is adequately lighted and so that patrons of the fishing pier will have water available for the purpose of cleaning fish. (f) In addition to the foregoing, Landlord agrees to main- tain the roof and the outside walls of the pier building and all sub-structures of the pier complex such as pilings , foundations , tie-beams and bracings. (g) Tenant shall be responsible , at its sole expense, to promptly repair or replace any part of the fishing pier complex that is damaged by the negligence of its employees , agents and assigns, which said negligence to be determined solely by Landlord. (h) Landlord shall not be responsible for the restoration of the fishing pier complex, or any part thereof that may become J damaged by fire , hurricanes , storms or other ac ts of God, (i) Notwithstanding anything herein contained to the con- trary, all major maintenance and repairs shall be done at the sole discretion of Landlord whose judgment as to the need for same shall be final . VIII. CLEANING OF FISHING PIER AND PUBLIC RESTROOMS (a) The Tenant shall clean the fishing pier at least once each 24 hours through the use of water hoses and sweeping so that all garbage , bait and debris are removed from the decking planks of the fishing pier at least once each 24-hour day. (b) The Tenant shall clean the public restroom facilities at the pier building at least once each 8 hours during each and every day of this Lease Agreement and shall keep the said rest- room facilities stocked with soap, towels and related supplies . The Landlord shall have the right to make periodic inspections of w -14 the public restroom facilities from time to time, and the Land- lord (acting through the City Manager) shall have the right to demand that the Tenant properly clean and maintain the restroom facilities at all times during the term of this Lease Agreement . Specifically, if the City Manager receives any complaints about the cleanliness of the restroom facilities and if his investiga- tion indicates that the facilities are not being cleaned and maintained on some systematic basis , the City Manager shall have the right to instruct the police department of the Landlord to make periodic inspections of the restroom facilities during ordinary patrols of the public beach area. If the inspections of any police officer show some condition that should be immediately remedied, the Tenant agrees that whatever person is in charge of the fishing pier complex (as the agent of the Tenant ) shall immediately accept any statements or recommendations of the j police officer making the inspections and shall do whatever is necessary to correct the condition in the public restroom, to the J _8_ satisfaction of the police officer. (c) The Tenant shall keep the public restrooms at the pier building open 24 hours each day for use by the public generally and the Tenant shall not have the right to restrict the use of said public restrooms to patrons of the fishing pier. IX. ALTERATIONS The Tenant will make no alterations , additions or improve- ments in or to the premises without the written consent of the Landlord, and all additions , fixtures , or improvements , except only furniture and fixtures which shall be readily removable without injury to the premises, shall be and remain a part of the premises at the expiration of this Lease Agreement. X. UTILITIES The Tenant agrees to furnish at his own expense his own heat and air conditioning (if desired) and to pay for all water, i gas , electricity, sewer service and other utilities used or qq' consumed in or upon the demised premises during the term hereof 1 as and when the charges for the same shall become due and payable. i XI . GARBAGE DISPOSAL i The Landlord, as a municipality, shall have no obligation whatsoever to furnish any type of garbage collection or garbage disposal service to the fishing Pier complex or to any type of business operation conducted on said fishing pier complex. Specifically, the Tenant agrees to furnish all types of garbage disposal services required at the fishing pier complex at his own expense, and shall provide suitable garbage cans and garbage containers . As to the type of garbage collection and garbage disposal service furnished by the Tenant , the City Manager shall have the right to approve the quality and frequency of same. XII . COMPLIANCE WITH PUBLIC AUTHORITIES Tenant agrees to comply with all rules, regulations and J -9- requirements of any federal , state , county or municipal authority or governmental agency and with the final orders of the local Board of Fire Underwriters or similar organization affecting the demised premises insofar as the same may relate to Tenant ' s use of said premises during the term hereof. XIII. OBLIGATION OF TENANT TO PAY TAXES The Tenant shall pay each and every type of real property tax, personal property tax, sales tax , admission tax , ad valorem tax and excise tax assessed, levied or imposed against any part of the fishing pier complex or against the business operated by the Tenant on the fishing pier complex. XIV. INSURANCE Tenant shall purchase insurance coverage in the amount of , . ONE MILLION DOLLARS ($1 , 000 , 000 . 00) per occurrence insuring the Landlord for product liability, public and general liability and property damage , and for any injuries which occur in or on the leased premises . Further, Tenant agrees to indemnify Landlord from any and all claims , causes of action or judgments arising out of i { the Tenant ' s operations on the leased premises and pursuant to this Lease Agreement . On the yearly anniversary of this Lease Agreement, Tenant shall provide Landlord a Certificate of Insurance indicating insurance coverage for these purposes for the amount of ONE MILLION DOLLARS ($1 , 000 ,000 . 00) per occurrence and ONE MILLION DOLLARS ($1, 000, 000. 00) in the aggregate. The Landlord shall be named insured on said policy. Tenant will also provide for employee workers ' compensation insurance with employer liability in the standard amount as determined by the State of Florida . A copy of said Certificate of Insurance will be furnished naming Landlord both as a certificate holder and an additional insured entity. i I I � I -10- � I I xv. INSURANCE COMPLIANCE Tenant agrees not to do or permit anything to be done on said premises , or keep anything therein , which will increase the rate of hazard insurance premiums on the improvements , or any part thereof, or on property kept therein, or conflict with the regulations of the fire department or with any insurance Policy upon said improvements or any part thereof. In the event of any increase in insurance premiums resulting from Tenant ' s occupancy of the premises , or from any act or omission on the part of Tenant , Tenant agrees to pay said increase in insurance premiums on the improvements or contents thereof as additional rent. Tenant agrees to maintain, for his own protection , such fire insurance on his own personal property as he may desire; and to indemnify and hold harmless the Landlord from and against any claims whatsoever for any damage to or loss to Tenant ' s personal property from fire resulting from any cause whatsoever. XVI. DESTRUCTION OF PREMISES It is understood and agreed that in case of damage by fire, j storm, hurricane or other elements , Tenant will give immediate notice thereof to Landlord and if only a part of said premises .1, shall be damaged, but not so as to render the premises wholly untenantable, the rent shall abate proportionately and the , Landlord shall commence within reasonable time after notice, to repair the same at its own cost and expense and complete said repairs with due and reasonable diligence. If the damage shall be so extensive as to render the said premises wholly untenantable, the rents shall cease from the time Landlord shall be notified by Tenant of such damage until said premises are restored to a tenant- able condition, at which time the rent shall begin to run again and be payable as before the damage; provided , however , that if i damage is so extensive as to render the premises wholly untenant- able, or to necessitate the rebuilding of the entire fishing pier complex or erection of a new fishing� g pier complex on the site, i I I J -11- the Landlord may terminate this Lease Agreement g upon written notice to the Tenant . XVII. LIENS Tenant covenants and agrees that he has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of Landlord in and to the property covered by this Lease Agreement , and all persons contracting with Tenant , or furnishing materials or labor to Tenant , or to his agents or servants , as well as all persons whomsoever, are herewith put on notice of Tenant ' s lien limita- tions . In the event any mechanic ' s lien is filed against the premises as a result of repairs , alterations , additions or improvements made by Tenant , Landlord, at its option, after thirty (30) days ' notice to Tenant , may terminate this Lease Agreement , may pay the said lien, without inquiring into the Q validity thereof, and Tenant shall forthwith reimburse Landlord total expense incurred by Landlord in discharging the said lien, as additonal rent hereunder. XVIII. CARE OF PREMISES •� Tenant further agrees : (a) that all repairs and/or altera- tions and improvements which he is obligated or permitted to make shall be made in a good and workmanlike manner; (b) to keep the premises in good, healthful and clean condition; (c) to keep the public areas and approaches to the fishing pier complex free from all boxes , cartons , merchandise, rubbish or materials of any description; (d) not to burn any rubbish or materials of any description upon the leased premises . XIX. BANKRUPTCY Tenant agrees that if Tenant shall make any assignment for I the benefit of creditors or shall be adjudged bankrupt , or if a receiver is appointed for Tenant or his assets or of Tenant ' s -12- J I interest under this Lease Agreement , and the appointment of such receiver is not vacated within five (5) days , then Landlord may, upon giving Tenant ten (10) days ' notice of such election , termi- nate this Lease Agreement as in the case of a violation by Tenant of any of the terms , covenants or conditions of this Lease Agreement , as hereinafter provided. XX. DEFAULT It is understood and agreed that in the event Tenant violates any of the terms, covenants or conditions in this Lease Agreement on his part to be performed, and such violation continues for five (5) days after written notice to Tenant in the case of non- payment of rent , or ten (10) days after written notice to Tenant in case of any other violation, then, at the option of Landlord, Tenant ' s right to possession of the demised premises shall there- upon terminate upon Landlord giving Tenant ten (10) days ' notice i of election to exercise such option. Thereafter, any retention b"4 i of possession by Tenant shall constitute a forceable detainer of said premises , and Tenant hereby grants Landlord full and free entrance to, into or upon said premises or any part thereof to take possession thereof, with or without p process of law and to expel and remove Tenant or any other person occupying said premises or any part thereof, and Landlord may repossess itself of said premises as of its former estate, but said entry of said premises shall not constitute a trespass or forceable entry or detainer, nor shall it cause a forfeiture of rent due by virtue hereof nor a waiver of any covenant , agreement or promise in this Lease Agreement contained to be performed by Tenant. XXI. INDEMNIFICATION AGAINST COSTS AND CHARGES In the event the Landlord is compelled to incur any expense i in collecting any sum of money due under this Lease Agreement for rent, or otherwise , or in the event suit shall be brought by JI the Landlord for the purpose of evicting or ejecting the Tenant I i -13- I J 1 1 from the leased premises , or if suit be brought by the Landlord for the purpose of compelling the payment of any other sum which should be paid by the Tenant under the terms hereof, or for the purpose of enforcing performance by the Tenant of any of the several agreements , conditions and covenants contained herein, the Tenant covenants and agrees to pay to the Landlord all ex- penses and costs of litigation, including a reasonable attorney' s fee for the Landlord' s attorney, provided such suit terminates in favor of the Landlord. Any sums due under the terms and pro- visions of this paragraph shall constitute a lien against the interest of the Tenant in the premises and his property thereon to the same extent and on the same conditions as delinquent rent would constitute a lien upon said premises and property. XXII. HOLDING gg 1 In the event that Tenant shall remain in the demised premises after the expiration of the term of this Lease Agreement without having executed a new written Lease Agreement with Landlord, such holding over shall not constitute a renewal or extension of this Lease Agreement. Landlord may, at its option, elect to treat Tenant as one who has not removed at the end of his term, and thereupon be entitled to all the remedies against Tenant provided by law in that situation, or Landlord may elect , at its option, to construe such holding over as a tenancy from month to month, subject to all the terms and conditions of this Lease Agreement, except as to duration thereof, and in that event Tenant shall pay monthly rent in advance at the rate provided herein as effec- tive during the last month of the demised term. XXIII . EMINENT DOMAIN If the property or any part thereof wher ein the demised premises are located shall be taken by public or quasi-public authority under any power of eminent domain or condemnation, this Lease Agreement , at the option of Landlord , shall forthwith -14- FI: terminate and Tenant shall have no claim or interest in and to any award of damage for such taking. XXIV. NOTICES Any notice required to be given by the Landlord may be served on the Tenant personally or by certified mail addressed to the Tenant at the fishing pier complex, Dania Beach, Dania , Florida , or such other address as the Tenant may from time to time designate in writing. Any notice required to be given by the Tenant may be served on the City Manager personally or by certified mail addressed to the Landlord at the City Hall , Dania , Broward County , Florida. XXV. NO WAIVER BY LANDLORD A waiver by the Landlord of any breach or breaches by the I Tenant of any one or more of the covenants or conditions of this i d Lease Agreement shall not bar the enforcement of any other rights i or remedies of the Landlord for any subsequent breach of any such or other covenants and conditions . XXVI . i SPECIAL PROVISIONS (a) Tenant agrees that residents of the City of Dania will ..,V be given the right of first refusal for employment in the business to be operated by Tenant in and about the fishing pier complex; however, Tenant shall not be required to hire any particular person or persons regardless of residence. (b) During the term of this Lease Agreement Tenant shall cooperate and assist civic organizations of the City of Dania in conducting special events (such as the Dania Lions ' Club "One Ton Tug") in and about the area contiguous to the within defined fishing pier complex including the temporary use of Tenant ' s beer and wine license. (c) Tenant understands and agrees that it has no right to provide free parking for restaurant patrons ; however, free parking �J -15- L I J shall be provided for six (6) employees of Tenant in the parking spaces approved by the City Manager. Patrons who enter the fishing pier for the purpose of fishing and who have their fishing gear in hand, shall receive a free parking permit from the pier manager to cover the time the patron is engaged in fishing . The form of the permits and the method of controls over same shall be in strict compliance with the instructions of the City Manager. (d) Tenant shall not dispense alcoholic beverages of any kind except beer and wine for consumption only on the leased premises. No beer or wine shall be consumed on the beach area beneath the pier. (e) Tenant may not change the name of the subject facility except by written approval from the Landlord. (f) Tenant shall purchase for sale to the public only fresh foods of a quality generally accepted in the marketplace and which meet all the standards of each regulatory agency. All foods and merchandise shall be purchased from or through insured and bonded suppliers . i (g) Tenant shall have the additional right to the use of the beach area within fifty (50) feet , in all directions , from the center of the portion of the fishing pier complex that is constructed on the beach area of the site with said additional right being limited to such times that Tenant conducts special events such as luaus , bar-b-ques , cook-offs or similar events , it being under- stood and agreed by Tenants that no fires will be built directly on the beach sand and that the area will be completely cleaned following such events. No such special events will be conducted by Tenant without first obtaining the consent and approval of the Landlord. Landlord shall have the right to specify the date and time of each approved event. (h) Notwithstanding anything herein contained to the contrary, Tenant shall furnish to Landlord a copy of Tenant ' s annual audit on or before the 30th day of June of 1988 , and each year thereafter a through the year, 1992. In addition, Landlord shall have the right i i -16- J to conduct its own audit at any time Landlord desires to do so during the term of this Lease Agreement . XXVII . ENTIRE AGREEMENT It is agreed that the within provisions constitute the entire agreement between the parties , and no modifications , amendments or changes therein shall be valid unless the same are in writing attached to this agreement and duly executed by all of the parties herein. XXVIII . LANDLORD' S RIGHT TO TERMINATE LEASE AGREEMENT Notwithstanding anything herein to the contrary, Landlord expressly reserves the right to cancel this Lease Agreement in its sole discretion and without cause upon given ing written notice to Tenant at least One Hundred Twenty (120) days next preceding the effective date of such cancellation. IN WITNESS WHEREOF, the parties hereto have caused these � . presents to be executed the day and year first above written. i Signed, sealed and delivered CITY OF DANIA, a Florida municipal in the presence of: corporation, Lan ord .4F `}ltC.n. ?J� � y By: l 4CITY �f NAGE 1 0 � MAYOR - COMM SSWNER s (City/ Seal] ATTEST: j ;�� 'CITY CLERK - AUDITOR DONALD V. STREETER, Tenant APPROVED AS �TO FORM AND CORRECTNESS BX;rl l�f�G NK C. ADLER, City Attorney i I I J -17-