The URL can be used to link to this page

Home My WebLink AboutR-1986-046 7 RESOLUTION NO . 46-86 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A LEASE AGREEMENT BETWEEN THOMAS ESPOSITO, AS TRUSTEE AND THE CITY OF DANIA WHEREBY SAID OWNER RENTS , DEMISES AND LEASES UNTO SAID CITY CERTAIN REAL ESTATE SITUATE, LYING AND BEING IN THE COUNTY OF BROWARD AND STATE OF FLORIDA, AS PARTICULARLY DESCRIBED IN SAID AGREEMENT ; WHICH AGREEMENT IS DATED AUGUST 19, 1986, AND PROVIDES FOR AN EFFECTIVE DATE . BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA : i Section 1 . That the City Commission of the City of Dania , Florida, hereby approves and authorizes the appropriate city officials to execute that certain lease agreement between THOMAS ESPOSITO, AS TRUSTEE and the CITY OF DANIA whereby said Owner rents, demises and leases unto said City certain real estate situate, lying and being in the County of Broward and State of Florida, as particularly described in said Agreement , which Agreement is dated August 19, 1986, a copy of which is attached hereto and made a part hereof as "Exhibit A" . Section 2 . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption . PASSED and ADOPTED on this 26th day of August 1986 . ATTEST: ITY CLERK = AUDITOR APPROVED FOR FORM AND CORRECTNESS : BY : � l FRANK C . ADLER, CITY ATTORNEY I J j Resolution No . 46-86 x 1 �:1 C LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this r day of 1986, by and between THOMAS ESPOSITO, as Trustee, (hereinafter referred to as 'Owner") and CITY OF DANIA, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "City") with the terms , "Owner" and "City" including their successors , heirs , administrators and assigns wherever and whenever the contents and context hereof so requires or admits. WITNESSETH: That subject to all and singular the covenants, agreements , conditions , stipulations and limitations herein contained on the part of the City to be observed, done and performed , and in consideration of the rents herein required to be paid by the City to the Owner, and subject to the right of cancellation and re-entry, or either, as hereinafter stipulated, the Owner in and by these presents does hereby rent, demise and lease unto the City that certain real estate situate, lying and being in the County of Broward and State of Florida, described as follows, i to-wit: .(See "Exhibit A" attached hereto and made a part hereof) I to have and to hold the same, together with all of the rights, privileges, easements and appurtenances thereunto belonging, for and during the maximum term of twenty (20) years from the date hereof, or so long as the City shall pay the rent stipulated herein, and shall comply with and abide by each of the terms , covenants and conditions herein contained, unless the said term shall be sooner terminated as herein provided, and only during the i time of said term during which the City shall pay the rent herein reserved, and during which time said City shall keep and perform each and every the agreements , covenants , conditions and provisions hereof. i MUTUAL COVENANTS: In consideration of the demise and the lease herein made , and of the benefits accruing and to accrue hereunder, the City and Owner hereby mutually covenant , agree and stipulate with each other as follows: 1. The City shall pay the Owner annual rental in the sum of one dollar ($1. 00) and, in addition, shall pay all real estate taxes assessed against Owner for the real property as described in said "Exhibit A". 2. The City shall use the leased premises strictly for play- ground and recreational purposes for the use and enjoyment of the citizens of the City. The leased area shall not be subleased or be otherwise used for purposes other than recreational unless written approval for same is first obtained from Owner. s 3. It shall be the sole responsibility of City to keep the leased area in a clean and sanitary condition. City shall clean ..., up the premises after each and every event it sponsors . 4 . The entire area as described herein shall be under the exclusive control of City at all times during the term of this lease. 5. The upkeep and maintenance of all areas herein leased by City shall be borne by City. ' City further agrees that it will at all times keep the area herein leased and the equipment placed thereon properly maintained. 6. City agrees to relieve Owner from any and all liability whatsoever arising out of any injuries or accidents that may occur as a result of the negligence of City in failing to supply proper supervision of the area herein leased and agrees to hold Owner harmless and free from all responsibility as a result of any negligence of City in failing to properly maintain the equipment { on the leased area. 7. The City shall carry public and employees liability insurance, also known as owners, landlords and tenants liability a insurance, during the full term of this lease , the same to be I ` { r -2- carried in a sum of not less than One Hundred Thousand and no/100 i ' Dollars ($100,000. 00) , as to liability to one individual, and a minimum of Three Hundred Thousand and no/100 Dollars ($300 ,000. 00) , as to liability to more than one individual . Said policy or poli- cies shall be written in the usual form to protect the Owner and the City against damage by accident of any kind or character oc- curing on or about the hereinabove described property, or the equipment, buildings or other improvements constructed thereon by City, 8. City covenants and agrees with Owner that upon termination of this lease agreement, whether by lapse of time or otherwise, the said City will at once surrender and deliver up to the Owner the above described premises , together with the improvements thereon and said improvements then situated upon said demised premises shall belong to the said Owner and that no compensation shall be allowed or paid therefor, except that City shall have the right to remove all non-permanent recreation equipment supplied by City provided that City restore and/or repair any damage to the subject property caused by said removal. IN WITNESS WHEREOF, City has caused this lease agreement to be executed in its name by its Mayor-Commissioner and by its City Manager and has caused its official seal to be affixed, attested by the City Clerk-Auditor, pursuant to authority of Resolution No. _ 46-86 of the City of Dania and Owner has hereunto set his hanii� an3 ;sppl the day and year first above written. (CITY SEAL .i11 CITY OF DANIA a unicipal corporation ) organize and ing u er the laws ATTEST: � ' ;,� of the Sta rid Lessee, y, z "CITY CLERK - AUDITOR / - C I NER By: Signed, sealed and delivered %T AGER in the presence of: c/ "� ESPOSITO, `v�� C. C'z.�w sor S T LESSOR) ::�� APPROVED FOR FORM AND CORRECTNESS By 4PCZAILE�, City Attor — -3- I� STATE OF FLORIDA ) ss. COUNTY OF BROWARD) I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments , JOHN BERTINO, EUGENE JEWELL, and WANDA MULLIKIN, Mayor-Commissioner, City Manager and City Clerk-Auditor, respectively, of the City of Dania, a municipal corporation organized and existing under the laws of the State of Florida, to me well known to be the individuals and officers of said municipal corporation described in and who executed the foregoing lease agreement , and duly acknowledged before me that said municipal corporation executed the same for the purposes therein expressed as the act and deed of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Dania, County of Broward and State of Florida, this Lf day of . � e� 1986. Y � 14 NOTARY PUBLIC (�Ic�tary Seal) ;� '•. Mrs `�' My commission expires : EDIAAY PUBLIC STATE OF RCSIDA !!Y C0f".ISSI0t1 C:(P. D:C. R.19C9 STATE OF FLORIDA ) fA11000 IHRD CENERAL PIS. U`D. COUNTY OF BROWARD) ss . I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, THOMAS ESPOSITO, as Trustee, to me well known and known to me to be the individual described in and who executed the foregoing lease agreement, and he acknowledged before me that he executed the same freely and voluntarily for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at , County of Broward and State of Florida, this f C day of LA _4) t 1986 . (Notary Seal) NOTARY PUBLIC My commission expires : NOTARY RUT4IC STATE OF RONIOA NY CUMIPSIJN op. JMM 9, Im MOLD IhRO UVR.AL INS. 9ND. -4- J SKETCH FOR CITY OF 12Al'1lA hORTH LIME: E.(/2, eW )/4.hF-f/¢. -0 r MW (/4, 5ECT10N 34-50-42 -� SGALF- 100.02 1 '• GO' I 'I I ; So 100 DESCR t PTI C��i The East 100 feet of the West 150 feet of the Eh of the SWq of the of the Ni;h of Section 34, Township 50 South, Range 42 East, ,R excepting therefrom that portion lying within the DANIA OJT-OFF CANAL Right-of-Way. Sand land situate, lying and O IAng in the City of Dania, Broward r County, Florida, and containing w '� : .2917 acres, more or less. Q y _ kxt 3 N N d s '" w � z a 3 AJ Q _ t U .� b LU / qm 3 1 W to 3� a x 00 x J� DAM IA RGCJII 0F1 BERRY & CALVIN LAND SURVEYORS 923-6588 CANAL CIVIL ENGINEERS 921-7781 1 3120 NORTH 20th AVENUE.HOLLYWOOD.FLOFVOA 33M i I MIAMI(305)371-21 SO/FORT LAUDERDALE(305)522-1332 EXHIBIT, .A