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HomeMy WebLinkAboutO-2008-019 Beach Watch Amendment ORDINANCE NO. 2008-019 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND BEACH WATCH, INC., TO AMEND THE DEFINITION OF THE TERM "LEASE YEAR", WHICH AFFECTS THE CALCULATION OF RENTAL DUE TO BE PAID BY THE TENANT; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an Amendment to the Lease Agreement existing between the City of Dania Beach and Beach Watch, Inc., a copy of which Amendment is attached, marked as Exhibit "A" and incorporated into this Ordinance by this reference. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Amendment as are deemed necessary and proper for the best interests of the City. Section 3. That all ordinances or parts of ordinances in conflict with this Ordinance are repealed to the extent of such conflict. Section 4. That this Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on July 22, 2008. PASSED AND ADOPTED on second reading on August 12,2008. & Y —, ALBERT C. JONES �o8PAWS p MAYOR—COMMIS NER ATTEST: _ p� LOUISE STILSON,CMC CITY CLERK , ATED APPROVED AS TO O AND CORRECTNESS: BY: I ' T OM,S ANSBRO CITY ATTORNEY 2 ORDINANCE#2008-019 AMENDMENT TO LEASE AGREEMENT THIS IS AN AMENDMENT, dated , 2008 (the "Amendment') to the Lease Agreement dated June 20, 2003 (the "Agreement') existing between Sven H. JUTZ, the tenant (who assigned the lease to BEACH WATCH, INC., a Florida corporation, which is now the current tenant), ("TENANT") and the CITY OF DANIA BEACH, a Florida municipal corporation ("CITY"). WHEREAS,TENANT and CITY desire to amend the Agreement; NOW, THEREFORE, in consideration of the mutual promises and agreements contained in the Agreement and this Amendment and other good and valuable consideration, the adequacy and receipt of which are agreed upon, TENANT and CITY agree as follows: 1. Section 1, subparagraph (i), "Lease Year", is amended to read as follows: (i) "Lease Year" shall mean the twelve (12) month period beginning on February 1, 2007 and each anniversary thereafter. 2. Notwithstanding the foregoing, the Gross Revenue for the Lease Year commencing on February 1, 2007 and ending on January 31, 2008, shall include all Gross Revenues earned on January 28, 2007 through January 31, 2007. 3. The remaining terms and conditions of the Agreement are ratified and affirmed and shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties executed this Amendment to the Agreement effective on the date first referenced above. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC IVAN PATO, CITY MANAGER CITY CLERK 3 ORDINANCE#2008-019 APPROVED FOR FORM AND CORRECTNES THO IAS J. A " CITY ATTQIA EY WITNESSES: BEACH WATCH, INC., Signature By: Signature PRINT Name Print Name/Title Signature PRINT Name STATE OF FLORIDA ) SS COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me on 2008, by as , of BEACH WATCH, INC., a Florida corporation. Such person is personally known to me or produced as identification. Notary Public, State of My commission expires: 4 ORDINANCE#2008-019