HomeMy WebLinkAboutR-1984-038 � I
RESOLUTION NO . 38-84
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE PARTIAL ASSIGNMENT OF LEASE
BETWEEN THE CITY OF DANIA, MARINE CONVERSIONS ,
INC . , AND TUGBOAT ANNIE ' S , INC. , COVERING A
PORTION OF THE PROPERTY KNOWN AS "HOUSTON
PARK"; AND AUTHORIZING AND DIRECTING THE
EXECUTION OF SAID PARTIAL ASSIGNMENT BY
THE APPROPRIATE CITY OFFICIALS ; AND PRO-
VIDING THAT ALL RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE .
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S BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 , That that certain Partial Assignment of Lease �
} between the City of Dania as prime lessor, Marine Conversions , Inc. ,
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a Florida corporation, as assignor and Tugboat Annie 's , Inc. , a j
j Florida corporation, as assignee , covering a portion of the property
j known as "Houston Park" , an unexecuted copy of which is annexed
1 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 Partial Assignment of Lease on behalf of the City of
Dania, Florida.
Section 3. That all resolutions or parts of resolutions in
conflict herewith be repealed to the extent of such conflict .
Section 4 . That this resolution shall be in force and take j
effect immediately upon its passage and adoption.
PASSED and ADOPTED on this 9th day of October, 1984 .
MAYOR - COMM10SIONER
ATTEST:
CITY CLERK - AUDITOR
APPROVED FOR FORM ANDD CORRECTNESS
I B yG`i
RANK C . ADLER, City Attorney
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PARTIAL ASSIGNMENT OF LEASE
THIS AGREEMENT dated this 4th day of January , 1985 by
and between MARINE CONVERSIONS, INC. , a Florida corporation
(hereinafter referred to as "Assignor") , and GRAMCO SERVICES,
INC. , a Florida corporation (hereinafter referred to as
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"Assignee") , and the CITY OF DANIA, a municipal corporation
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organized and existing under the laws of the State of Florida
(hereinafter referred to as "Prime Lessor") .
W I T N E S S E T H
WHEREAS, the Prime Lessor and the Assignor heretofore
entered into a Lease Agreement dated the 28th day of May, 1980
(hereinafter referred to as "Lease Agreement") , a copy of which
s Lease Agreement is attached hereto as Exhibit "A" and is by
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reference made a part hereof, and
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WHEREAS, a portion of the premises leased to the Assignor
under said Lease Agreement have been rezoned to a classification
1 of commercial and which portion of the leased premises has been
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designated for the construction and operation of a new restaurant
facility together with certain gift shops, boutiques and other
nautical related shops, and
} WHEREAS, the Assignee is presently the owner and operator of
a restaurant facility on premises adjacent to the commercial
portion of the leased premises, and
WHEREAS, the parties hereto have agreed that the original
intentions and objectives of the Lease Agreement would best be
served by the Assignor assigning all of its right, title and
interest in and to the commercial portion of the property, which
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commercial portion is more particularly described on Exhibit "B"
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attached hereto and by reference made a part hereof ( hereinafter
referred to as "Commercial Portion") .
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
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+� art acknowledged, the
Parties hereto agree as follows:
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1• The Prime Lessor does hereby grant its consent to this b'
Assignment as required by Paragraph 4.9 of the
primary
Lease Agreement
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Pursuant to the following terms and
conditions:
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A. As consideration for the Assignment g.
the Assignee
agrees that after the reconstruction of the
Restaurant to the property described in this
Partial Assignment to pay to the Assignor a sum
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equal to three (3%) percent of its gross receipts,
{ which sum shall be paid monthly and shall be
construed to be a part of the annual gross
receipts received by the Assignor, which sum shall
be subject to the provisions of the Lease
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A reement as more clearly set forth in Paragraph
2.2 thereof.
B. BY execution V
and ratification of this Partial
Assignment, the Prime Lessor does hereby covenant
and agree with the Assignee that an
the terms of the Lease AgreementY default under
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with respect to
the remainder of the property shall not be
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construed to be a default in the terms
conditions of the L and
Lease with respect to the
Commercial Portion.
In the event of a default
and/or a termination of the Lease Agreement as a
result of a default with respect to the
remainder
property, the agreement between the Assignee and
Assignor shall be automatically
Y terminated and the
Assignee shall be deemed to be a direct Lessee of
the Prime Lessor and shall upon fifteen (15) days
written
notice of the termination of the Lease,
begin paying three (3%) percent of its gross
receipts directly to the Prime
Lessor and the
terms and conditions as contained in the Lease
Agreement as the same relate to
the Commerc �
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Portion shall continue in full force and effect as 1
though the Lease had been originally executed and
delivered by the Prime Lessor and the Assignee
herein.
2 . As additional consideration for the joinder and consent
in this Lease Assignment, the Assignee does hereby
covenant and agree that simultaneously with the
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construction of the new restaurant facilities upon the G
i leased premises, together with the additional nautical
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jshops as hereinabove described, the Assignee shall
commence and complete construction of the approximately
8,000 square foot civic center contemplated by the
Lease Agreement under Paragraph 2 .1 A(6) .
3 . The Assignor does hereby assign, quit, transfer, sell
and deliver all of its right, title and interest in and
" to the above described Commercial Portion of the leased
premises to the Assignee, and the Assignee does hereby
accept said Assignment subject to the terms and
conditions hereinabove set forth.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
ASSIGNOR:
MARINE CONVERSIONS, INC ,
a Flori c rporation
Signed, sealed and delivered ' G✓��
in the presence of: By:
l P dent j
Attest:
Secretary
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ASSIGNEE:
GRAMCO S ES, INC. ,
a Flor a cc poration /Signed, sealed and delivered
in the presence of: By: l
President
Attest
Secretar
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PRIME LESSOR:
CITY OF DANIA, a municipal
corporation organized and
existing under the laws of
the State of Florida
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Signed, sealed and delivered
in t e presence By: )('
Mayor Commis. ioher €:
By: I
t City Manager
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Attest: k
4tylerk - Auditor
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APPROVED FOR FORM AND CORRECTNESS
" B �- ,
Frank C . Adler, City Attorney
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....EXHIBIT "8"
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1 9Er. 35- ?0.42 G,�r of ,
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lta NDN/NL/NES�l, NWf�.SEC35•?0-42 /ep•
34 W
$ 5 gp. 45 /gp.39 -
( 20B9. CS' �—
NB9= IS 49"E 60.16' I
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(47 9/7 50.fT. OR /./AO Ac•') h
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NB9= 19' 56"E /79. 5B' j
IPARCEL A ' (//9-54)
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SKETCH OF DESCRIPTION I
OF
plat
reof as
Parcel " " he
recordedBinoPlatRBook 118, pagel34 ofc
cthe Public RecordsofeBroward
Florida.
County, ion 35 Township 50 South,
d being in Sect r ,
All of the above lying an g
Range 42 East, City of Dania, Broward County, Florida.
Containing 47,917 square feet or 1 . 100 acres, more or less .
SURVEYOR'S NOTES :
Bearings shown hereon based on an assumed meridian.
Lands shown hereon were not abstracted for easements and/or rights-
of-way of record.
CERTIFICATION:
We hereby certify that the attached "Sketch of Description" of the sbove
described parcel of land is true apd c our direction and com-
orrect to the best of our !cnow-
lege and belief as prepared July 20, 1984 under
plies w .th the min mum technical standards set forth by the State of
Florida Board of Land Surveyors .
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FORTr_ N, LEAVY, SKILES , INC.
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Dance ortin, or i a arm
I1 Registered Land Surveyor Fein, Leavy, Ski15urveyorses, Inc.
State of Florida 2853
conFultlnp Enpinem A Land
"NOT VALID UNLESS SEALED" p us south Federal H19 OV/aaa�an4%Fk d n2
100 Northeast tank f6M1/North M41N!Each.ilo.We 771it
DaM U34493/aeoord 4a171 W/11oea 11Ulon 10}777/
Dots cal• Jo No. tag
No
710 BQ /: 60' B476S
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