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HomeMy WebLinkAboutO-1998-006 4 e a ORDINANCE N0. 06-98 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING LEASE AGREEMENT BETWEEN THE CITY OF DANIA AND THE HUMANE SOCIETY OF BROWARD COUNTY, INC. , FOR LEASE OF VACANT REAL PROPERTY DESCRIBED AS LOT 13 AND A PORTION OF LOT 12 , BLOCK 13 OF HIGHLAND PARK UNIT NO. 2 ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 12 , PAGE 29, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA FOR A PERIOD OF TWENTY (20) YEARS WITH TWO OPTION PERIODS ; AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE LEASE AGREEMENT ATTACHED TO THIS ORDINANCE AND MARKED EXHIBIT "A" ; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania owns a parcel of unimproved real i estate which is adjacent to and east of the Humane Society of Broward County, Inc. ' s facility located on Griffin Road in the City of Dania, which parcel is described as Lots 12 and 13, Block 13 of HIGHLAND PARK UNIT NO. 2; and WHEREAS, the Humane Society of Broward County, Inc . owns a parcel of real estate adjacent to and immediately south of Lot 13, Block 13 of HIGHLAND PARK UNIT NO. 2, which parcel is identified as Lot 1, Block 13 of HIGHLAND PARK UNIT NO. 2; and WHEREAS, a portion of Lot 1 , Block. 13 of HIGHLAND PARK UNIT ORDINANCE NO. 06-99 1 - i N0. 2 is needed by the City of Dania for construction of the access 1 road from Anglers Avenue into the Bass Pro development; and WHEREAS, the City of Dania and the Humane Society of Broward County, Inc . wish to enter into a lease agreement in the form and content as attached to this ordinance and marked Exhibit "A", granting the Humane Society of Broward County, Inc . a twenty (20) year lease of the subject property with two option periods under terms and conditions as specified in the lease agreement . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA. Section 1 . That the aforementioned lease agreement, attached hereto and marked Exhibit "A", between the City of Dania and the Humane Society of Broward County, Inc. for a twenty (20) year lease with two option periods for property described as Lot 13 and a portion of Lot 12, Block 13 of HIGHLAND PARK UNIT NO. 2, according to the plat thereof as recorded in Plat Book 12 , Page 29, of the Public Records of Broward County, Florida, be and the same as is hereby approved . Section 2 . That the appropriate city officials of the City of Dania are authorized and directed to execute the lease agreement which is attached to this ordinance. Section 3 . That all ordinances or parts of ordinances and all 1 ORDINANCE NO. 06-93 f I G resolutions or parts of resolutions in conflict herewith be and the 1 same are hereby repealed to the extent of such conflict . Section 9 . That this ordinance shall be in force and take effect immediately upon its passage and adoption . PASSED AND ADOPTED on First Reading on the 10`h day of March, 1998 . PASSED AND ADOPTED on Second and Final Reading on the 29`h day of March, 1998 . MAYOR - COMMISSIONER ATTEST : CITY CLERKL AUDITOR APPROVED AS TO FORM AND CORRECTNESS : (T"--) All/(a CITJy A ORD Y i I - i i I LEASE AGREEMENT 1 This lease made and executed this day of 1998, by and between the CITY OF DANIA, a municipal corporation, having its principal office at 100 West Dania Beach Boulevard, Dania, Florida, referred to as lessor, and the HUMANE SOCIETY OF BROWARD COUNTY, INC. , a Florida not for profit corporation, having its principal office at 2070 Griffin Road, Dania, Florida, referred to as lessee . SECTION ONE DESCRIPTION AND USE OF PREMISES A. Lessor leases to lessee and lessee does lease from lessor, for the purpose of conducting in and on such premises the uses specifically stated herein and for no other purpose, those certain premises situated in the City of Dania, County of Broward, State of Florida, and more particularly described as follows : Lot 13, and that portion of Lot 12 to the north of the access road from Anglers Avenue .into the Sportsmans Park Development, Block 13, of HIGHLAND PARK UNIT NUMBER 2, according to the plat thereof, recorded Plat Book 12, Page 29, of the Public Records of Broward County, Florida . B . As used in this lease agreement, the term "premises" refers to the real property above described and to any improvements located on the property at any time during the term of this lease agreement . i 1 I ( C. The leased premises shall be used by lessee for passive purposes. The property shall be planted with grasses and landscaping indigenous to the area and said landscaping shall be maintained by lessee in its natural vegetative state . However, lessee shall be permitted to construct, maintain and use ten (10) asphalt parking spaces along the southwest area of Lot 13 of the leased premises . Lessee shall be further permitted to construct and maintain a water retention area on the leased property. Lessee is prohibited from using the leased premises for any purpose except as specifically stated in this section. SECTION TWO TERM The term of this lease shall be for twenty (20) years J commencing on the first day of April, 1998 and ending on the thirty-first day of March, 2018 . SECTION THREE OPTION TO RENEW Lessor grants lessee an option to extend the terms of this lease agreement for two (2) renewal periods with each period being for a term of twenty (20) years . The option to renew under this section is expressly conditional on lessee' s being then in full and faithful compliance with each and every of its obligations contained in this lease agreement . To exercise the option, lessee shall give written notice of the exercise to lessor not greater than six (6) months prior to the expiration of the lease term and 2 i d not less than ninety (90) days before expiration of the lease term. 1 If lessee properly exercises the option to renew, lessee shall thereby be bound to lease the premises for the renewal term, and during which renewal term each and every provision of this lease agreement shall remain unchanged and in full force and effect . SECTION FOUR RENT The total rent for the term shall be Two Hundred Dollars ($200 . 00) which lessee shall pay to lessor, at the place as may be designated from time to time by lessor. Lessee may prepay the entire rent or rental payments may be made in annual installments . SECTION FIVE WARRANTIES OF TITLE AND QUIET POSSESSION Lessor covenants that lessor is seized of the demised premises in fee simple and has full right to make and enter into the lease and that lessee shall have quiet and peaceable possession of the demised premises during the term of this lease agreement . SECTION SIX IMPROVEMENTS TO PROPERTY Lessee shall be responsible to purchase, plant and maintain all of the grasses and other landscaping as reasonably designated by lessor. Lessee shall clean and grade the leased property prior to planting the landscaping. It shall be the lessee' s duty to clean, grade and plant all landscaping within ninety ( 90) days after written directive from lessor to lessee to begin: the landscaping improvements . If any landscaping dies or is damaged, I e lessee shall promptly replace the dead or damaged plant matter. 1 Lessor may construct and maintain a sign, of such size and location on the leased property as lessor deems appropriate, for the purpose of advertising the City of Dania. Unless otherwise agreed by the parties, the aforesaid sign shall be no larger than twelve (12) feet by eighteen (18) feet and the base of the sign shall be no greater than ten (10) above ground level . SECTION SEVEN USES PROHIBITED Lessee shall not use or permit the demised premises, or any part of the demised premises, to be used for any purpose or purposes other than the purpose or purposes for which the demised premises are leased under this lease agreement . No use shall be made or permitted to be made of the demised premises, or acts done, which will cause a cancellation of any insurance policy covering the premises . SECTION EIGHT WASTE AND NUISANCE PROHIBITED A. During the term of this lease, lessee shall comply with all applicable laws affecting the demised premises, the breach of which might result in any penalty on lessor or forfeiture of lessor' s title to the demised premises. B. Lessee shall not commit, or suffer to be comanitted, any waste on the demised premises, or any nuisance. 4 1 4 SECTION NINE ABANDONMENT OF FACILITY 1 The parties acknowledge lessee operates its animal hospital, kennel and main facility at 2070 Griffin Road, Dania, Florida, which is adjacent to the leased premises . If for any reason lessee should abandon or vacate its operations at 2070 Griffin Road, Dania, Florida, during the term of this lease agreement, then this lease shall be terminated and lessee shall deliver possession of the leased premises to lessor. SECTION TEN LESSOR' S RIGHT OF ENTRY Lessee shall permit lessor and the agents and employees of lessor to enter upon the demised premises at all reasonable times for the purpose of inspecting the premises and to construct or maintain lessor' s sign on the property. SECTION ELEVEN ASSIGNMENT A. Lessee shall not assign or transfer this lease agreement, or any interest in this lease agreement, without the prior, express, and written consent of lessor, and a consent to an assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without consent shall be void and of no effect and shall, at the option of lessor, terminate this lease agreement . B. Neither this lease agreement nor the leasehold estate of lessee nor any interest of lessee under this lease agreement in the � 5 P 1 demised premises shall be subject to involuntary assignment, transfer or sale by operation of law in any manner whatsoever. Any such attempted in voluntary assignment, transfer, or sale shall be void and of no effect and shall, at the option of lessor, terminate this lease agreement. SECTION TWELVE NOTICES A. All notices, demands, or other writings in this lease agreement provided to be given or made or sent, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows : TO LESSOR: City Manager City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 TO LESSEE: Humane Society of Broward County, Inc. 2070 Griffin Road Dania, Florida 33312 SECTION THIRTEEN TAXES AND ASSESSMENTS As additional rent under this lease agreement, lessee shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, 6 P municipal liens, levies or excises, whether general or special, or A ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed or which may become a lien or charge on or against the demised premises, or any part of the demised premises, the leasehold of lessee in and under this lease agreement, the premises described in this lease agreement, or on or against lessee' s estate created by this lease agreement that may be a subject of taxation, or on or against lessor by reason of its ownership of the fee underlying this lease agreement, during the entire term of this lease agreement, excepting only those taxes specifically excepted below. SECTION FOURTEEN 1 LIENS Lessee shall keep all and every part of the premises and all improvements at any time located on the premises free and clear of any and all mechanics' , material suppliers' , and other liens for or arising out of or in connection with work or labor done, services performed, or materials used or furnished for or in connection with any operations of lessee, any improvement, or repairs or additions that lessee may make or permit or cause to be made, or any work by, for, or permitted by lessee on or about the premises, or any obligations of any kind incurred by lessee, and at all times promptly and fully to pay and discharge any and all claims on which any such lien may or could be based, and to indemnify lessor and 7 all of the premises from and against any and all such liens and claims of liens and suits or other proceedings pertaining to the premises. SECTION FIFTEEN INDEMNIFICATION OF LESSOR Lessor shall not be liable for any loss, injury, death, or damage to persons or property that at any time may be suffered or sustained by lessee or by any person whosoever may at any time be using or visiting the demised premises or be in, on, or about the demised premises, whether the loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of lessee or of any occupant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth. Lessee shall indemnify lessor against any and all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. This provision shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of lessor, its agents, or employees . SECTION SIXTEEN ATTORNEY FEES If any action at law or in equity shall be brought for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this lease agreement, or for the 9 8 �J i & recovery of the possession of the demised premises, the prevailing party shall be entitled to recover from the other party as part of the prevailing party' s costs reasonable attorney fees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. SECTION SEVENTEEN SIDEWALK SPACE Lessor does not lease to lessee any space under, in, or on any street or sidewalk adjacent to the demised premises but does license lessee, subject to all the terms and provisions of this lease agreement, and at lessee' s sole risk, the right to the use of any space under, in or on any adjacent street or sidewalk as lessor itself may have. Lessee shall vacate such space if lessor is ordered to vacate it by any public authority. SECTION EIGHTEEN REDELIVERY OF PREMISES Lessee shall keep and perform all the terms and conditions on its part to be kept and performed in this lease agreement . At the expiration or earlier termination of this lease agreement, lessee shall peaceable and quietly quit and surrender to lessor the premises in good order and condition subject to the other provisions of this lease agreement . In the event of the non-perforniance by lessee of any of the covenants of lessee undertaken in this lease agreement, this lease agreement may be terminated as provided elsewhere in this i 9 �J i 1 .-E instrument . SECTION NINETEEN REMEDIES CUMULATIVE All remedies conferred on lessor in this lease agreement shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law. SECTION TWENTY INSURANCE Lessee shall maintain in effect throughout the term of this lease general liability insurance covering the premises and its appurtenances and the sidewalks fronting on them in the amount of One Million Dollars ($1, 000, 000) for injury to or death of any number of persons in one occurrence . Such insurance shall specifically insure lessee against all liability assumed by it under this lease agreement, as well as liability imposed by law, and shall insure both lessor and lessee but shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for lessor and lessee . SECTION TWENTY-ONE PROHIBITION OF INVOLUNTARY ASSIGNMENT; EFFECT OF BANKRUPTCY OR INSOLVENCY Neither this lease agreement nor the leasehold estate of lessee nor any interest of lessee under this lease agreement in the demised premises or in the improvements on the demised premises shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner 10 I i whatsoever, except through statutory merger or consolidation. Any attempt at involuntary assignment, transfer, or sale shall be void and of no effect . Without limiting the generality of the provisions of the preceding paragraph of this section, lessee agrees that in the event any proceedings under the Bankruptcy Act or any amendment to the act be commenced by or against lessee, and, if against lessee, the proceedings shall not be dismissed before either an adjudication in bankruptcy or the confirmation of a composition, arrangement, or plan or reorganization, or in the event lessee is adjudged insolvent or makes an assignment for the benefit of its creditors, or if a receiver is appointed in any proceeding or action to which lessee is a party, with authority to take possession or control of the demised premises or the business conducted on the premises by lessee, and such receiver is not discharged within a period of sixty (60) days after his or her appointment, any such event or any involuntary assignment prohibited by the provisions of the preceding paragraph of this section shall be deemed to constitute a breach of this lease agreement by lessee and shall, at the election of lessor, but not otherwise, without notice or entry or other action of lessor terminate this lease agreement and also all rights of lessee under this lease agreement and in and to the demised premises and also all rights of any and all persons claiming under lessee . 1 11 SECTION TWENTY-TWO 9 NOTICE OF DEFAULT Lessee shall not be deemed to be in default under this lease agreement unless lessor shall first give to lessee thirty (30) days' written notice of the default, and lessee fails to cure the default within the thirty (30) day period, or if the default is of such a nature that it cannot be cured within thirty (30) days, lessee fails to commence to cure the default within the period of thirty (30 ) days or fails thereafter to proceed to the curing of the default with all possible diligence. SECTION TWENTY-THREE DEFAULT In the event of any breach of this lease agreement by lessee, lessor, in addition to the other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the demised premises . Should lessor elect to re-enter, as provided in this lease agreement or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, lessor may either terminate this lease agreement or it may from time to time, without terminating this lease agreement, re-let the demised premises or any part of the demised premises for such term or terms (which may be for a term extending beyond the term of this lease agreement) and at such rental or rentals and on such other terms and conditions as lessor in the sole discretion of lessor may deem advisable . 12 i I i SECTION TWENTY-FOUR LESSOR' S RIGHT TO PERFORM In the event that lessee by failing or neglecting to do or perform any act or thing provided in this lease agreement by it to be done or performed, shall be in default under this lease agreement and such failure shall continue for a period of thirty (30) days after written notice from lessor specifying the nature of the act or thing to be done or performed, then lessor may, but shall not be required to, do, or perform or cause to be done or performed such act or thing (entering on the demised premises for such purposes, if lessor shall so elect) , and lessor shall not be ur be held liable or in any way responsible for any loss, inconvenience, annoyance, or damage resulting to lessee on account of such election. Lessee shall repay to lessor on demand the entire expense incurred on account of such election, including compensation to the agents and employees of lessor. Any act or thing done by lessor pursuant to the provisions of this section shall not be or be construed as a waiver of any such default by lessee, or as a waiver of any covenant, term, or condition contained in this lease agreement, or of any other right or remedy of lessor, under this lease agreement or otherwise. SECTION TWENTY-FIVE EFFECT OF EMINENT DOMAIN In the event the entire demised premises , or any portion thereof, shall be appropriated or taken under the power of eminent 1 13 i 1 1 m domain by any public or quasi-public authority, then this lease agreement, as to the property to be taken under the power of eminent domain, shall be terminated and lessor shall have all rights to the property taken under the power of eminent domain. Lessee shall not be entitled to any compensation from any governmental authority in the course of any eminent domain proceeding and all compensation for the property taken under the power of eminent domain shall be paid exclusively to lessor. SECTION TWENTY-SIX DISPOSITION OF IMPROVEMENTS ON TERMINATION OF LEASE On termination of this lease agreement for any cause, lessor shall become the owner of any improvements on the demised premises without any payment or compensation to lessee. SECTION TWENTY-SEVEN WAIVER The waiver by lessor of, or the failure of lessor to take action with respect to any breach of any term, covenant, or condition contained in this lease agreement shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition contained in this lease agreement . The subsequent acceptance of rent under this lease agreement by lessor shall not be deemed to be a waiver of any preceding breach by lessee of any term, covenant, or condition of this lease agreement, other than the failure of lessee to pay the particular t 14 1 i 0 9 rental so accepted, regardless of lessor' s knowledge of a preceding breach at the time of acceptance of rent. SECTION TWENTY-EIGHT PARTIES BOUND The covenants and conditions contained in this lease agreement shall, subject to the provisions as to assignment and transfer, apply to and bind the successors, executors, administrators, and assigns of all of the parties to the lease agreement. SECTION TWENTY-NINE TIME OF THE ESSENCE Time is of the essence of this lease agreement, and of each and every covenant, term, condition, and provision of this lease agreement . SECTION TWENTY-THIRTY SECTION CAPTIONS The captions appearing under the section number designations of this lease agreement are for convenience only are not a part of this lease agreement and do not in any way limit or amplify the terms and provisions of this lease agreement. SECTION THIRTY-ONE GOVERNING LAW It is agreed that this lease agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. SECTION THIRTY-TWO ENTIRE AGREEMENT This lease agreement shall constitute the entire agreement 15 I { I 0 between the parties . Any prior understanding or representation of any kind preceding the date of this lease agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION THIRTY-THREE EFFECT OF PARTIAL INVALIDITY The invalidity of any part of this agreement will not and shall not be deemed to affect the validity of any other part . In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. . SECTION THIRTY-FOUR MODIFICATION OF AGREEMENT Any modification of this lease agreement or additional obligation assumed by either party in connection with this lease agreement shall be binding only if evidenced in a writing signed by each party with the same formalities as this lease agreement . SECTION THIRTY-FIVE ADDITIONAL DOCUMENTS The parties agree to execute whatever papers and documents may be necessary to effectuate the terms of this lease agreement. IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor-Commissioner, City Manager, attested by the city Clerk with the corporate seal of said City of Dania, and the 16 i contractor has executed these presents the day and year written. Attest : CITY OF DANIA, FLORIDA: By City Clerk Mayor-Commissioner Approved as to form: Dated :___ By City Attorney City Manager Dated: As to Corporation: HUMANE SOCIETY OF BROWARD COUNTY, INC . a Florida not for profit corporation By : Witness Dated : Witness 17 I Y l Broward Daily Business Review Published Dally except Saturday.Sunday and Legal Holidays Fort Lauderdale,Broward County,Florida. STATE OF FLORIDA COUNTY OF BROWARD: 8071OE OF HEARINO BEFORE CITY COMMISSION CITY OF DANIA.FLORIDA,REGARDING Before the on oath authority personally appeared J. OF THE FOLLOWING PROPOSED ONDINANDEs Mitchellhe City Of ,who on oath says that she is the Administrative ADOPTION the City Broward Review,the Broward D lly Business Fort Lauderdale, Dania,Florida,on March 249 1998NOTICE IS HEREBY GIVEN ,at 7:30 D.m.of I as soontthe thereafter g In the City In Broward County,Florida;that the arched copy of adver- a hmim�aotln r may be of the Dania ard,will conduct ty HeB,p10O Webublic tnDania Beach Comtisement,being a Legal Advertisement of Notice In the met• Boulevard, Dania, Florida to consider the proposed adoption of the ter of following Ordinance entitled: NOTICE OF HEARING N ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING LEASE AGREEMENT BETWEEN THE CITY RE: OF DANIA AND THE HUMANE SOCIETY OF BROWARD CITY OF DANIA COUNTY, INC., FOR LEASE OF VACANT REAL 1998 MEETING DATE: MARCH 24 , OF LOT 112R BLOCK/R3BOF HIGHL14D PARK UNIT NO. 2 XXXXX ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT line........X....... ................I........ Court, BOOK 12, PAGE 2g, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA FOR A PERIOD OF was published In said newspaper in the Issues of TWENTY (20) YEARS WITH TWO OPTION PERIODS; Mar 13 , 1998 AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE LEASE AGREEMENT ATTACHED TO THIS ORDINANCE AND MARKED EXHIBIT 'A'; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN NT Afflant further says that the said Broward Daffy Business OFN SUCHHECONFL CT;ITH E AND REPEALED PROVIDING FOR Review Is a newspaper published at Fort Lauderdale,In said EFFECTIVE DATE. Broward County,Florida, and that the said newspaper has of this proposed Ordinance is on file In the office of the City heretofore been continuously published In said Broward Clerk,City Hall JDO A copy p County eFihe post office been entered as Lauderdale in second clBrowardsmail maybe i spected by thee public l during lrwOlag hOul,,btida &W County,Florida,for f period of one year next preceding the Interested parties may appear at the aforesaid meeting and be heard first publlcatlon of the attached copy of advertisement;and with respect to the proposed. detolsion��by the city affiant further says that she has neither paid nor promised commission pars hod decides to appe eaemsdered et this headrq ity ill any person, firm or corporation any discount, rebate,com• May need lo misslo r refund for the purpose of securtng this avertise• need a record of the proceed and for for Such Pu1e�� ee re- men or bllcation In newspaper. sell that a verbatim record of the proceedings ie to cord Includes the testimony and evidence upon which the appeal be based. 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