HomeMy WebLinkAboutR-1986-051 {
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RESOLUTION NO. 51-86
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
j APPROVING THE MODIFICATION OF LEASE AGREEMENT
BETWEEN THE CITY OF DANIA AND MARINE
CONVERSIONS, INC . , COVERING THE PROPERTY KNOWN
AS HOUSTON PARK AND MORE PARTICULARLY DESCRIBED
IN THAT CERTAIN LEASE AGREEMENT EXECUTED MAY
f 28, 1980 ; AND AUTHORIZING AND DIRECTING THE
EXECUTION OF SAID AGREEMENT BY THE APPROPRIATE
CITY OFFICIALS ; 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HEREWITH BE REPEALED TO THE EXTENT OF SUCH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 :
Section 1 . That that certain Modification of Lease Agreement
between the City of Dania as lessor and Marine Conversions, Inc . , a
Florida corporation , as lessee covering the property known as
"Houston Park" and more particularly described in that certain Lease
Agreement executed May 28, 1980, by and between the said lessor and
lessee, a copy of which is annexed hereto and made a part hereof as
Exhibit "A" , be, and the same is hereby approved . "^
Section 2 . That the Mayor-Commissioner, City Manager and City
Clerk-Auditor are hereby authorized and directed to forthwith execute
said Modification of Lease Agreement on behalf of the City of Dania ,
Florida .
Section 3 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict .
Section 4 . That this resolution shall be in force and take
effect immediately upon its passage and adoption .
PASSED and ADOPTED on this 9th day of September 1986 .
MAYOR - GUMMJSSlUNLK
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ATTEST :
CITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS :
B Y ,�C . ADLER, I TfiR k
FRANK Resolution No . 51-86 i
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SECOND MODIFICATION OF LEASE AGREEMENT
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THIS AGREEMENT dated this
day of September, 1986,
by and between the CITY OF DANIA, a municipal corporation organized
and existing under the laws of the State of Florida (hereinafter
referred to as "Lessor") , and MARINE CONVERSIONS, INC. , a Florida
corporation (hereinafter referred to as "Lessee") , with the terms,
"Lessor" and "Lessee" including their successors
heirs , administra-
tors and assigns wherever and whenever the contents and context
hereof so requires or admits .
WITNESSETH:
WHEREAS, the above-named parties did make and enter into that
certain Lease Agreement dated the 28th day of May, 1980 , (herein-
after "Lease Agreement") ,
� �� which Lease Agreement is in full force and
effect at the
present time; and
WHEREAS , the above-named parties did modify the Lease Agree-
ment by Modification Agreement dated the 4th day of January, 1985 ;
and
WHEREAS, an additional modification is required with respect
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to certain convenants and conditions set forth therein.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, together with other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows :
1. The Lessor does hereby agree with the Lessee to extend
the time period required for the "Substantial Completion" of the
construction of the Civic Center to be constructed upon the demised
premises for an additional period of six (6) months commencing
October 1 , 1986 , and ending March 31 , 1987; provided, however,
that the Lessee agrees to the following conditions :
A . The full amount of the construction costs of Five
Hundred Thousand Dollars ($500 , 000 . 00) shall be
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bonded in an independent separate bond as distinguished
from any bonds delivered for any of the other work
performed on the demised premises by the Lessee.
B. That the Lessee , as a part of the consideration for
the extension of time as set forth in paragraph 1
above, agrees to pay unto the Lessor a penalty in
the sum of Fifty Thousand Dollars ($50 , 000 . 00) for
Lessee ' s failure to substantially complete the con-
struction of the Civic Center by September 1 , 1986,
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as required by the Modification of Lease Agreement
dated January 4 , 1985 , which sum shall be payable on
or before July 1 , 1987, without diminution of any
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kind or for any reason.
C. It is specifically understood and agreed that the
original extension granted by the January 4 , 1985
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Modification Agreement is hereby extended six (6) months
i and that in the event the Civic Center is substantially
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event, the rental as set forth in Exhibit "B" to the
original Lease Agreement will be in full force and
effect as though the same had never been modified by
the January 4 , 1985 Modification of Lease Agreement
or by this Modification Agreement thereby making the
next minimum payment due September 1, 1987 in the
amount of Thirty rive Thousand Dollars ($35 ,000 . 00) in
compliance with the original reinstated payment
schedule.
2 . All other terms and conditions contained in the Lease
Agreement and the prior Modification of Lease Agreement are hereby
ratified and confirmed to continue in full force and effect .
IN WITNESS WHEREOF, the parties hereto have hereunto set
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their hands and seals the day and year first above written.
LESSOR:
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CITY OF DANIA, a municipal
corporation organized and
existing under t e laws of the
Signed, sealed and delivered State of Fl i
or
in/the presence of:
-ice---
- COMMI R
By:
CIT MANAG
ATTEST:
CITY CLERK - AUDI` 0$
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LESSEE:
MARINE VER ONS, INC.
Signed, sealed and delivered
in the presence of:
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By:
PR E
y/ �
`� C�AGEi— By SE ETARY
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APPROVED AS TO FORM AND CORRECTNESS
By:��G�
rRANK C. ADLER, City Attorney
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