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HomeMy WebLinkAboutR-1984-041 - i RESOLUTION NO. 41-84 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE SECOND SUPPLEMENT TO JANUARY 16 , 1981 LEASE AND LICENSING AGREEMENT BE- TWEEN THE CITY OF DANIA AND THE CARROUSEL GROUP, INC . , AND AUTHORIZING AND DIRECTING THE EXECUTION OF SAME BY THE APPROPRIATE CITY OFFICIALS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- FLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . i f 1 j BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, 1� FLORIDA: ' i I� Section 1. That that certain Second Supplement to January 16, 1981 Lease and Licensing Agreement by and between the City of i , Dania, a Florida municipal corporation, and The Carrousel Group, Inc . , a Florida corporation, a true photocopy of which is attached hereto as "Exhibit A", be and the same is hereby accepted and ap- proved; and, the Mayor-Commissioner, City Manager and City Clerk- Auditor be and they are hereby directed to execute same on behalf of the City. Section 2 . That all resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 this 9th day of October, 1984 . MAYOR - COMMISSIONE ATTEST: / CITYCITY CLERK -'AUDITOR i APPROVED FOR FORM AND CORRECTNESS By'rA.IfK ADLER, City Attorney i a ,,�TPp i i� SECOND SUPPLEMENT TO JANUARY 16, 1981 LEASE AND LICENSING AGREEMENT THIS SECOND SUPPLEMENT TO JANUARY 16 , 1981 LEASE AND LICENSING AGREEMENT, made and entered into this 9th day of October 1984, by and between i CITY OF DANIA, a Florida municipal corporation, (hereinafter sometimes referred to as "City") , and 3 THE CARROUSEL GROUP, INC. , a Florida corporation, j (hereinafter sometimes referred to as "Carrousel") , WITNESSETH: , 1 For and in consideration of the mutual covenants herein con- i I tained and in further consideration of the sum of TEN DOLLARS ($10 . 00) i and other good and valuable considerations paid by each of the parties to the other, receipt of which is hereby acknowledged, IT IS 3 1A MUTUALLY AGREED AS FOLLOWS : Wn 1. That that certain Lease and Licensing Agreement entered into by and between the parties hereto on January 16 , 1981 , as amended by that certain First Supplement to January 16, 1981 Lease and Licensing Agreement entered into by the parties hereto on November 15 , 1982 , is further amended as follows : (a) That City agrees to participate with Carrousel in the costs of re-aligning and/or relocating ingress and egress roads and other improvements at Dania Beach, which improvements are known and referred to as Phase I of Berry, Calvin, Broome & Farina Project No. 83-050 , March-1984 , to the extent of THIRTY-TWO THOUSAND DOLLARS ($32 , 000 .00) . (b) That City will pay the aforesaid sum of THIRTY-TWO THOUSAND DOLLARS ($32 ,000.00) in five annual installments of SIX THOUSAND FOUR HUNDRED DOLLARS ($6 , 400 . 00) each by way of credits to Carrousel against its rental payments as provided to be paid by the subject lease agreement. In that connection, it is understood and agreed between the parties that such credits will be given Carrousel each year from the rental due to be paid City after the mininum rental I J t J has been first paid for that year. (c) It is further understood and agreed by the parties hereto that the resurfacing, striping and other improvements to be made as set forth as Phase II of Berry, Calvin, Broome & Farina Project No. 83-050 , March-1984 , shall be done at the sole expense of City without participation therein by Carrousel , the costs of said Phase II being approximated at TWENTY-FIVE THOUSAND DOLLARS ($25 , 000 .00) . 2. That except as herein amended, all other provisions of the r original Lease and Licensing Agreement , as amended, shall remain in full force and effect. IN WITNESS WHEREOF, CITY OF DANIA, a Florida municipal corporation, I has caused this Second Supplement to January 16 , 1981 Lease and Licensing Agreement to be executed in its corporate name by Chester A. Byrd, its Mayor - Commissioner , and Richard Marant , its City Manager, and has further caused its corporate seal to be affixed, attested by Wanda Mullikin, its Clerk - Auditor, all as of the day and year first above written. IN WITNESS WHEREOF, THE CARROUSEL GROUP, INC . , a Florida corpora- tion, has caused this Second Supplement to January 16, 1981 Lease and Licensing Agreement to be executed in its corporate name by Stephen F. Snyder, its President , and has further caused its corporate seal to be affixed, attested by Owen P. Bell , its Secretary, all as of the day and year first above written. Signed, sealed and delivered in the presence of: CITY OF DANIA, a Florida municipal corporation (as to all officers f City (� n j of Dania) By; t YLz /t P CHESTER A. BYRD, May - Commissio er (as to al oiric ers of City of Dania) By: RICHARD MARANT , City Manager (City Seal) ATTEST: i% ANDA MULL KIN, City Clerk - Auditor I Page Two I J J s ' THE CARROUSEL GROUP, INC . (as to all officers- of The -- Carrousel Group, Inc. ) By: STEPHEN F. SPDER, President (as to all officerg of The Carrousel Group , Inc. ) ATTEST: OWEN P. BELL, (Corporate Seal) Secretary STATE OF FLORIDA COUNTY OF BROWARD The foregoing Second Supplement to January 16 , 1981 Lease and Licensing Agreement was acknowledged before me this W,,e;Cday of November, 1984, by I CHESTER A. BYRD, as Mayor - Commissioner of CITY OF DANIA, a Florida municipal corporation, I RICHARD MARANT, as City Manager of CITY OF DANIA, a Florida municipal corporation, and j WANDA MULLIKIN, City Clerk - Auditor of CITY OF DANIA, a Florida municipal corporation, w•ny for and on behalf of said CITY OF DANIA, a Florida municipal corpora- tion. (Notary Seal) � Notary Public My commission expires: NOTARY PUBLIC STATE OF FLORIDA AT LARD F MY COMMISSION EXFNES OEr,q,11P; STATE OF FLORIDA COUNTY OF BROWARD The foregoing Second Supplement to January 16 , 1981 Lease and Licensing Agreement was acknowledged before me this ,?D,o6 day of November, 1984 , by STEPHEN F. SNYDER, as President of THE CARROUSEL GROUP, INC. , a Florida corporation, and OWEN P. BELL, as Secretary of THE CARROUSEL GROUP, INC . , a Florida corporation , for and on behalf of said THE CARROUSEL GROUP, INC . , a Florida corporation. (Notary Seal) Notary Public 1 My commission expires : APPROVED FOR FORM AND CORRECTNESS I NOTARY PUBLIC STATE OF FLOMOA AT LARGF By-� � J MY COMMISSION EXPIRES PFC a. FRANK C . ADLER, City Attorney BONDED THRU GEheR/,.L PJS.U DER'.%':' Pc Page Three I.