HomeMy WebLinkAboutR-1984-037 RESOLUTION NO. 37-84 —�
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
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 28 , 1980 ;
AND AUTHORIZING AND DIRECTING THE EXECUTION OF
SAID AGREEMENT BY THE APPROPRIATE CITY OFFICIALS;
AND PROVIDING THAT ALL RESOLUTIONS IN CONFLICT
j HEREWITH BE REPEALED TO THE EXTENT OF SUCH CON-
FLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
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j BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
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FLORIDA :
Section 1 . That that certain Modification of Lease Agreement
jbetween the City of Dania as lessor and Marine Conversions, Inc . ,
a Florida corporation, as lessee coveringthe
property known as
"Houston Park" and more particularly described in that certain Lease
I Agreement executed May 28 , 1980 , by and between the said lessor and
lessee, an unexecuted copy of which is annexed hereto and made a
part hereof as Exhibit "A" , be, and the same is hereby y approved.
Section 2 . That the Mayor-Commissioner , City Manager and City
Clerk-Auditor are hereby authorized and directed to forthwith execute
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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conflict herewith be repealed to the extent of such conflict .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 October, 1984 .
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MAYOR - COMMISSIONER
ATTEST :
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L,-LiY CLERK - AUDITOR 4
APPROVED FOR FORM AND CORRECTNESS i
B
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1RANK C . ADLER, City Attorney
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MODIFICATION OF LEASE AGREEMENT
THIS AGREEMENT dated this 4th day of January , 1985 by
and between the CITY OF DANIA, a municipal corporation organized j
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,
administrators and assigns wherever and whenever the contents and
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context hereof so requires or admits.
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W I T N E S S E T H
WHEREAS, the above-named parties did make and enter into
that certain Lease Agreement dated the 28th day of May, 1980
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(hereinafter "Lease Agreement") , which Lease Agreement is in full
force and effect at the present time, and
WHEREAS, many delays have been encountered in the
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performance of certain covenants contained in said Lease
Agreement, and
WHEREAS, the parties hereto have agreed to reasonable
extensions of time within which to obtain permits, approvals and
to prepare final plans and specifications necessary for the
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construction of certain improvements on the leased property, and
WHEREAS, the Lessee is now in possession of all the
necessary permits and approvals from all governmental authorities
and has requested the issuance of final building permits from the
Lessor for the commencement of construction of the improvements
on the leased property, and
WHEREAS, the Lessee has requested the consent to the partial
assignment of the Lease as it relates to a portion of the leased
premises, and
IWHEREAS, Lessor has agreed to said partial assignment of a
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portion of the leased premises.
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NOW, THEREFORE, in consideration of the mutual covenants t
� contained herein together with other good and valuable Y,
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consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. The Lessor hereby agrees to immediately issue the
building permits necessary for the completion of the
construction and improvements to be constructed upon
the leased premises.
j2. The building permits will contain a provision that no
construction may commence pursuant thereto until a
satisfactory bond securing the payment and performance
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of the work described in the plans and specifications
submitted for the building permits has been posted with
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the City or its designee.
3 . Pursuant to the South Florida Building Code, the
building permit will be valid for an initial period of
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180 days.
4 . Lessor does hereby consent to the partial assignment of
I a portion of the leased premises pursuant to the terms }
and conditions of that certain Partial Assignment by
i and between the Lessee as Assignor and Gramco Services,
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Inc. , a Florida corporation, as Assignee, a copy of
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which is attached hereto and by reference made a part
1 hereof.
5. Lessee shall, within two (2) years from September 1,
1984, substantially complete (as used herein, the term
9 "substantially complete" shall mean the completion of
walls, roof, air conditioning, electric and plumbing) r
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those certain improvements described in the Lease l
Agreement under Paragraph 2 . 1 as amended.
6. Lessee shall pay the normal minimum rental of
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$25, 000.00 on or before September 1, 1984, and
thereafter, the rental payments shall be modified as
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follows:
A. March 1, 1985: $62, 500. 00 ,
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B. September 1, 1985: $62, 500. 00
C. March 1, 1986: $75, 000. 00
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D. September 1, 1986: * $75, 000.00
Provided, however, that in the event Lessee
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substantially completes the improvements as described
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in Paragraph 5 above within the two (2) year extension
period, the above rental schedule will not be
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applicable and the rental as set forth in Exhibit °B°
to the original Lease Agreement will continue in full
force and effect.
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7. As a clarification of Paragraph 4 .5 of the Lease
Agreement, it is the intention of the parties that with
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the exception of the Tugboat Annie's operation, all
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other operations in which the Lessee or any of its i
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principals directly or indirectly owns a beneficial
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interest in excess of fifty (50$) percent shall be
i subject to the participation in gross rentals set forth
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in Paragraph 2.2 of the Lease Agreement.
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8. In the event Lessee fails to comply with the provisions
of this Lease Agreement, Lessor, at its option, may
terminate the Lease Agreement upon default or upon the
expiration of the two (2) year extension period, as
provided for in the original Lease Agreement.
9. All other terms and conditions contained in the Lease
Agreement are hereby ratified and confirmed to continue
in full force and effect. r
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IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
LESSOR:
CITY OF DANIA, a municipal
corporation organized and
existing under the laws of
the State of Florida
Signed, sealed and delivered 6
1 in the presence of:
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May - Commissioner
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By:
City Manager
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Attest
K'pT. City Clerk - Auditor
LESSEE:
MARINE CONVERSIONS, INC.
Signed, sealed and delivered
in the presence of:
—� President/�-7�c' Al
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Secretary E
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I APPROVED FOR FORM AND CORRECTNESS
Frank C. Adler, City Attorney
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