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Home My WebLink AboutNULL (217) t + 1 5 J i AGENDA DANIA CITY COMMISSION SPECIAL MEETING JUNE 2, 1987 i 7:00 P.M. 1. Discussion and possible action regarding Pier and Restaurant lease. t i f i I f � i I I � j r I I I r - ✓ti 6:M SR4�: a 4 fsMF}i�tt. ` _ l t+•+b�3ef. . n f MINUTES DANIA CITY COMMISSION SPECIAL MEETING JUNE 2, 1987 i Present: Mayor: Chester A. Byrd i Vice Mayor: Jean Cook Commissioners: John Bertino (late ) Howard Hirsch i Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk: Wanda Mullikin Police Chief: Gilbert Thivener i 1 . Discussion and possible action regarding Pier and Restaurant lease. J The Commission reviewed the final draft of the proposed lease, comparing it with the original lease that was the subject of the bidding and the one submitted to the City Attorney on February 26th with 6 minor changes on it. P 1: Discussed the disadvantages of naming Pelican's Place , L,a Florida Corporation, as the tenant in the lease agreement with Donald Streeter as personal guarantor. Agreed to name Donald Streeter as the tenant d/b/a Pelican's Place, Inc. * A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to change the tenant named in the lease agreement to Donald Streeter D/B/A Pelican's Place, Inc. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes y. Commissioner McElyea-yes Pg. 3: Discussed adding provision for the tenant to supply an annual audit report within 45 days after the end of the fiscal year and monthly gross revenues at the option of the City Commission. Agreed to ask for copy of audit at any time deemed necessary at the option of the City Commission. * A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to add provision for the City to receive an annual audit report within 45 days of the close of the Tenant's fiscal year, and providing the City the right to audit at any time the City deems necessary at its own expense. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes f 4: Discussed $10, 000. security deposit to be retained by the Cityin an interest bearing account. Final lease agreement provides that security deposit, PLUS interest accrued be returnable to tenant at the end of the term of the lease if tenant i is not in default. * A motion was made by Vice Mayor Cook, seconded by Commissioner s Hirsch to approve the provision in the lease agreement whereby the security deposit, plus interest accrued, is returnable to the Tenant at the end of the term of the lease if the Tenant is not in default. The motion passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes Special Meeting 1 June 2, 1987 i I j ! L� P 10: Discussed insurance coverage. Original specs called for $1 million per occurrence and $2 million in the aggregate; new lease calls for $500 thousand/$1 million. Mr. Streeter has been able to obtain $1 million/$1 million. Commission is satisfied that $1 million/$1 million insurance coverage is sufficient. * A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to change the insurance coverage called for in the lease agreement to $1 million per occurrence and $1 million in the aggregate. The motion passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes Pq. 15-16: Discussed free parking for six employees of tenant and free parking provision for fishing pier patrons. Mayor Byrd allowed citizen input by Mr. Rexford, Mr. Carroll , and Mr. Ely regarding the fishing pier patron parking. The Commission majority (Commissioner Bertino disagreeing) decided to allow the provision for free fishing pier patron parking, but add controls for parking stickers and reserve the right to revisit the parking provision at the end of each fiscal year. * A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the language contained in XXVI, paragraph (c) , relating to provision for 6 parking spaces designated by the City Manager for employees of Tenant. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes ,.- Commissioner McElyea-yes * A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to approve the language contained in XXVI, paragraph (c) , relating to fishing pier patrons receiving the same parking considerations and privileges during the term of the lease agreement as are presently offered by the landlord, adding language maintaining city control over parking stickers and reserving the right to revisit the parking situation at the end of each year. The motion passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes Discussed special events. Final lease agreement provides for tenant 's cooperation and assistance regarding special events such as the Dania Lions ' Club "One Ton Tug" . Regarding special events to be conducted by tenant , provisions for Commission controls have been incorporated into the final lease agreement. City Manager Jewell pointed out that the lease agreement does not address seasonal or yearly pier passes already issued that do not expire until September 30th. Mr. Streeter said he will honor those passes and will submit a letter to the City so stating. * (At this point, action was taken on each item previously discussed. ) i Regarding provision for assignment of lease, a motion was made by Commissioner Bertino, seconded by Commissioner McElyea to cancel that provision and make the lease unassignable. The motion failed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-no J Commissioner Hirsch-no Mayor Byrd-no Commissioner McElyea-yes i Special Meeting 2 June 2, 1987 L� J J r 71 In Article VI, page 6, regarding the tenant 's right to charge I "reasonable admission fees" to the fishing pier, a motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to include verbage to the effect that the rates cannot be raised any higher than the cost of living index for that particular year. j The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes { Commissioner McElyea-yes i I f A motion was then made by Commissioner Hirsch, seconded by Vice i j Mayor Cook to authorize execution of the lease agreement as amended, occupancy to be taken by Mr. Streeter on midnight, June 1 3, 1987. The motion passed 4-1, Commissioner Bertino voting no. i` This Special Meeting was then adjourned. I MAYOR-COMMIS8I,6NFR ITY CLERK-AUDITOR i I I i i i i z 4 t Special Meeting 3 June 2, 1987 j -