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HomeMy WebLinkAboutO-2003-004 Execution of the lease by appropriate City officials of property Nyberg-Swanson House ORDINANCE NO. 2003-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND THE DANIA BEACH CHAMBER OF COMMERCE PERTAINING TO PORTIONS OF PROPERTY OWNED BY THE CITY AND KNOWN AS THE NYBERG- SWANSON HOUSE; AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE BY THE APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain Lease Agreement between the City of Dania Beach, as Landlord, and the Dania Beach Chamber of Commerce, as Tenant, pertaining to a portion of property owned by the City and known as the Nyberg-Swanson House, an unexecuted copy of which is attached and made a part of this ordinance as Exhibit "A", is approved. Section 2. That the proper City Officials are authorized and directed to execute the Lease Agreement between the City of Dania Beach, as Landlord, and the Dania Beach Chamber of Commerce, as Tenant. Section 3. If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. 1 ORDINANCE NO.: 2003-004 • Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED on first reading on January 28, 2003. PASSED AND ADOPTED on second reading on February 12, 2 3. V. IROOERT H. CHUNN, JR— COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES C,�A�I&I COMMISSIONER MCELYEA - YES CHARLENE POHNSON COMMISSIONER MIKES - YES CITY CLERK—' VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: BY: TH M%bS J. ANSBRO CITY ATTORNEY O 2 ORDINANCE NO.: 2003-004 LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as "LEASE") is made and entered into this day of , 2003, between CITY OF DANIA BEACH, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as "LANDLORD"), and GREATER DANIA BEACH CHAMBER OF COMMERCE, INC., a Florida corporation (hereinafter referred to as "TENANT"). WITNESSETH: In consideration of the mutual covenants, conditions, obligations and undertakings • hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this LEASE hereby agree as follows: 1. DEMISED PREMISES. LANDLORD does hereby lease, rent, let and demise unto the TENANT, and the TENANT does hereby hire from the LANDLORD, that certain real property located in the City of Dania Beach, Broward County, Florida, and more particularly described as follows: See Exhibit "A" attached as to those portions and the extent of the Nyberg-Swanson House to which this Tenancy applies all of which shall be hereinafter referred to as "DEMISED PREMISES". 1 Ground Floor Plan - identified as EXHIBIT "A" Lessee's Tenancy Use Area Description • #2 - Front Porch — including non-exclusive common use stoop, steps and rear patio and by TENANT grounds* surrounding house *TENANT shall be entitled to use all of first floor rear patio and the grounds for special events, provided property of other Tenants are not unreasonably disturbed. #8 - Office and closets exclusive use by TENANT #1 Q - Toilet non-exclusive common use by TENANT #15 - Office exclusive use by TENANT #7 - Reception co-exclusive use by TENANT and DANIA BEACH MAIN STREET, INC.; TENANT subject to common access to house #13 - Gallery non-exclusive common use by TENANT #18 - Rear Porch exclusive use by TENANT w/CL-17 - closet #9 - Office exclusive use by DANIA BEACH MAIN STREET, INC. #14 - Kitchen non-exclusive common use by TENANT #19 - Storage co-exclusive use by TENANT and DANIA BEACH MAIN STREET, INC. KARL NYBERG ADLER "clean your exclusive use by TENANT plate" character building closet under stair Second Floor Plan - identified as EXHIBIT "A" Lessee's Tenancy Use Area Description Exhibition Space, Stairway non-exclusive TENANT use for meetings and Bathroom 2 2. ACCEPTANCE OF DEMISED PREMISES: TENANT hereby accepts the condition of the DEMISED PREMISES and all of the improvements constructed and .� located thereon, and the personal property and equipment contained therein, As Is, Where Is, With All Faults, without any representation or warranties on the part of LANDLORD as to the condition of such property, and subject to all limitations and restrictions imposed on the use of the DEMISED PREMISES. TENANT shall have the non-exclusive right to use all of the equipment and other personal property located on the DEMISED PREMISES; however, TENANT agrees not to remove any of such equipment or personal property without prior written consent of LANDLORD. Upon the expiration of this LEASE, the personal property and equipment, including all replacements thereof, shall be returned to LANDLORD in the same condition as received by TENANT upon the execution of this LEASE, ordinary wear and tear excepted. 3. TERM. The term of this LEASE (hereinafter referred to as 'TERM") shall be for a period of two (2) Years, beginning effective on the -31 day ofOM-,LN , 200a. However, subject to the provisions of Paragraph 4, below this Lease shall automatically be renewed for each subsequent two (2) year period, not to exceed a maximum of twenty (20) years from the date it begins. 4. CANCELLATION. LANDLORD reserves the right to cancel this LEASE with a minimum of one (1) year's advance written notice to TENANT. Consequently, if LANDLORD elects to cancel the LEASE, TENANT shall have one (1) year to vacate the DEMISED PREMISES. TENANT may also cancel this Lease if it provides one (1) year of advanced written notice to LANDLORD. 5. RENT. TENANT shall pay to LANDLORD rent for the DEMISED PREMISES at the rate of Ten ($10.00) Dollars for each year of the TERM, which shall be payable on the date of execution of this LEASE, and on each anniversary date thereafter, in advance. All rental payments shall be delivered by TENANT to LANDLORD at the City of Dania Beach, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004. TENANT shall not be considered in default for non-payment of rent until LANDLORD has delivered notice to the Chairperson or chief executive officer of the TENANT advising of nonpayment of rent, thereby giving the TENANT sixty (60) days grace period within which to pay said rent, before said failure to pay rent shall be deemed a default of this LEASE. 3 6. TAXES APPLICABLE TO TENANT. TENANT shall pay all Florida state sales taxes and personal property taxes applicable to and assessed during the TERM of • this LEASE, which are applicable to TENANT. 7. EXCLUSIVE USE OF DEMISED PREMISES. TENANT agrees that it will keep the DEMISED PREMISES clean and orderly. TENANT. agrees that the DEMISED PREMISES will be used only for normal activities of a Chamber of Commerce, including general office, special events and services provided by the Chamber to the public. Additionally, TENANT shall not use any portion of the PREMISES at any time for any political activities of any kind, unless a particular political activity is otherwise permitted under federal law, state law or both to be conducted from or within a building or structure owned by a local municipal government. 8. MAINTENANCE AND REPAIRS. LANDLORD shall keep and maintain in good order, condition and repair (including any necessary replacements),-the structural and interior components of the improvements and buildings on the DEMISED PREMISES including, without limitation, the roof, exterior walls, interior walls, bathrooms, kitchen, offices, porch steps, patio and surrounding grounds, stairways, and floor slabs. LANDLORD shall also maintain in good working order, condition and repair (including any ® necessary replacements) every part of the DEMISED PREMISES, including, but not limited to, the portions of the air conditioning and heating systems that serve the DEMISED PREMISES including, without limitation, applicable exterior mechanical and electrical equipment related thereto; portions of the plumbing and sewage systems that serve the DEMISED PREMISES, including, without limitation, all faucets, sinks, tubs, showers, toilets, and pipes leading from the DEMISED PREMISES to the main water and sewer lines; and the portions of the electrical systems that serve the DEMISED PREMISES, including, without limitation, all wiring, switches, outlets, fuse boxes, and exterior electrical equipment, plumbing and sewer system and lines which are existing. 9. COMPLIANCE WITH LAW AND REGULATIONS. TENANT shall comply with all Federal, State, County and City laws and ordinances. 10. SURRENDER OF PREMISES. TENANT shall, on the last day of the TERM of this LEASE, or upon any earlier termination of such TERM, surrender and yield up to LANDLORD the exclusive use of the DEMISED PREMISES and all improvements ® thereon, in good working order, condition and state of repair, reasonable wear and tear accepted. 4 11. ' TENANT'S RIGHT TO ALTER AND IMPROVE. TENANT shall not make any alterations, additions or improvements to, or install any fixtures on, the DEMISED . PREMISES without LANDLORD's prior written consent. 12. UTILITIES. LANDLORD shall furnish water and pest control services to the DEMISED PREMISES. Due to the multiple use of the DEMISED PREMISES by the City of Dania Beach, TENANT and DANIA BEACH MAIN STREET, INC., the electricity costs shall be prorated by usage percentage (37.40% as TENANT' share) and shall be billed to TENANT on a monthly basis. 13. TENANT'S DEFAULT. TENANT shall be considered in default after written notice and delivery of same to the Chairperson or chief executive officer of the TENANT for non-payment of rent after expiration of the grace period or TENANT's failure to comply, or make any reasonable attempt to comply, with any requirement of this LEASE during said sixty (60) day notice. In the event TENANT disagrees with the notice of LEASE requirements, then TENANT shall provide to LANDLORD in writing, during said sixty (60) day notice and compliance period, its objections to the LEASE requirements demanded by LANDLORD in said notice, then the matter shall be submitted to arbitration by the City Attorney, the TENANT's chief executive officer and a third party jointly appointed by them; a vote of two (2) of the three (3) members shall represent the final ruling on the dispute between said parties. 14. LANDLORD'S ACCESS TO PREMISES. LANDLORD may enter any part of the DEMISED PREMISES during regular business hours for the purpose of inspecting the condition of same or making all necessary repairs or alterations for its safety or preservation. 15. CASUALTY LOSSES. If the DEMISED PREMISES are destroyed or damaged by fire or other casualty during the TERM of this LEASE, or any extension thereof, the LANDLORD shall repair, replace or restore the damaged portion of the DEMISED PREMISES to the condition which existed before such casualty occurred within sixty (60) days of the date of such fire or other casualty. In the event LANDLORD determines it is not economically feasible to reconstruct the DEMISED PREMISES and the NYBERG-SWANSON HOUSE, then it shall be under no obligation to reconstruct the NYBERG-SWANSON HOUSE or the DEMISED PREMISES. 16. INSURANCE. A. TENANT shall, at its own expense, maintain public liability and property 5 damage insurance covering its non-exclusive and restrictive use of the DEMISED PREMISES as set forth herein. B. TENANT shall, at its own expense, maintain tangible personal property insurance to cover loss or damage to its personal property. C. Named Insureds. All policies of insurance obtained in accordance with the terms of this LEASE shall name both the LANDLORD and TENANT as insureds. D. Authorized Insurers. All policies of insurance obtained in accordance with the terms of this LEASE shall be issued with recognized insurers duly authorized to do business in the State of Florida. E. Proof of Insurance. TENANT shall provide LANDLORD proof of such insurance coverage within sixty (60) days of the commencement of this LEASE. F. Landlord's Rights. Upon the default of TENANT in effecting any insurance coverage required hereunder, or delivering the proof thereof to LANDLORD, or in paying the premiums therefor, and any and all charges incidental thereto, when the same become payable, the LANDLORD may procure any such insurance coverage, or pay the premiums or other charges incidental thereto, and any and all amounts so paid by the LANDLORD shall be additional rental due hereunder, and shall be reimbursed to i LANDLORD by TENANT. 16. ASSIGNMENT AND SUBLETTING. TENANT agrees not to sell, assign, mortgage, pledge or in any manner transfer this LEASE, and not to sublet the DEMISED PREMISES, or any part or parts thereof. 17. ENCUMBRANCES. The TENANT agrees not to mortgage or otherwise encumber the leasehold interest created by this LEASE. The TENANT further agrees that it shall satisfy or otherwise discharge any and all types of judgment liens which may be placed against the TENANT's leasehold interest during the TERM of this LEASE within thirty (30) days after receiving notice of such judgment liens. 18. NOTICE. Every notice, approval, consent, or other communication authorized or required by this LEASE shall not be effective unless the same shall be in writing and sent, postage prepaid, by United States Registered or Certified Mail, Return Receipt Requested, to the Parties as follows: LANDLORD: City of Dania Beach Attention: Ivan Pato - City Manager 100 West Dania Beach Boulevard Dania Beach, FL 33004 6 With a copy to: Thomas J. Ansbro, Esquire - City Attorney • Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. 3107 Stirling Road, Suite 300 Fort Lauderdale, FL 33312 TENANT: Greater Dania Beach Chamber of Commerce 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Karl W. Adler, Esquire Adler, Tolar & Adler 1700 Northeast 26th Street#4 Fort Lauderdale, FL 33305-1413 and a courtesy copy HAND DELIVERED TO: Chief Executive Officer of TENANT or at such other address as either party may designate by notice given from time to time in accordance with this provision. 19. SIGNS. The TENANT may not place any advertising or promotional signs on the DEMISED PREMISES without the prior written consent of LANDLORD. 20. RECORDING. LANDLORD and TENANT agree that this LEASE shall not be recorded in the Public Records of Broward County, Florida. Any attempted recording by TENANT of this LEASE shall constitute a termination of the LEASE. 21. NUMBER AND GENDER. All words used herein in the singular number shall extend to and include the plural number, when the context or facts require it. All pronouns shall be taken to refer to the person or persons intended, regardless of number or gender. 22. CAPTIONS. The captions appearing in this LEASE are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of the provisions of this LEASE or in any way affect this LEASE. 23. ENTIRE AGREEMENT. This LEASE contains the entire agreement between the parties hereto and supercedes any and all other agreements, either oral or in writing, between the parties hereto with respect to this LEASE and the DEMISED PREMISES. All prior representations, negotiations, statements or understandings between the parties regarding this LEASE or the DEMISED PREMISES are merged within and extinguished by this LEASE and shall have no further force or effect, and the parties are not relying on any representations or agreements other than those contained • in this LEASE. 24. MODIFICATIONS. No waivers, alterations or modifications of this LEASE or any agreements in connection therewith, shall be valid unless reduced to writing and duly executed by both LANDLORD and TENANT. 25. SEVERABILITY OF PROVISIONS: If any term, covenant, condition or provision of this LEASE, or the application thereof to any person, or circumstance shall, at any time, or to any extent, be invalid or unenforceable, the remainder of this LEASE, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition and provision of this LEASE shall be held valid and enforceable to the fullest extent permitted by law. 26. BENEFIT. This LEASE shall be binding upon and inure to the benefit of the parties, their legal representatives, successors and permitted assigns. 27. CONSTRUCTION OF LEASE PROVISIONS. Each party to this LEASE has read and fully understands the terms and conditions hereof, and each party has had ® the benefit of, or the opportunity to obtain, legal counsel prior to entering into this LEASE. This LEASE shall be construed without regard to any presumption or other rule of law requiring construction against the Party causing this LEASE to be drafted. 28. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the county public health unit. 29. APPLICABLE LAW. Any question or matters arising under this LEASE as to validity, construction, performance or otherwise, shall be governed, interpreted and enforced in accordance with the laws of the State of Florida, without reference to its conflicts of law provision. 30. VENUE. The venue for any litigation arising out of, as a result of, relating to, or pertaining to this LEASE or the performance thereof, shall be in the Circuit Court for the Seventeenth Judicial Circuit, in and for Broward County, Florida, or in the United States District Court for the Southern District of Florida, whichever shall entertain 8 jurisdiction. 31. COUNTERPARTS. This LEASE may be executed in counterparts, each of • which shall have the effect of being an original LEASE. IN WITNESS WHEREOF, the Parties have set their hands and seals, and executed this LEASE on the day and year first above written. LANDLORD: CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: IkA 'n 0 jut" By: dgz6z ZI Robert A. An n Charlene Johns n MAYOR-C MIS ONER CITY CLERK By: Evan Pa t,, ,'/ CITY APPROVED FOR FORM AND CORRECTNESS: By: Thomas J: Ansbro, Esquire CITY ATTORNEY Signed, sealed and delivered in the presence of: TENANT: GREATER DANIA BEACH CHAMBER OF COMMERCE, INC., a Florida (Jj/J corporation Witness By: �. Morris Stowers fitness As its: Director 9 State of Florida ) SS: County of Broward ) 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid take, acknowledgments, personally � appeared vyl s �_ as X recFs>r- of GREATER DANIA BEACH CHAMBER OF COMMERCE, INC., a Florida corporation to me known to be the person(s) described in and who executed the foregoing instrument (or who produced as identification) and he/she acknowledged before me that he/she executed the same. WITNESS mv hand and official seal in the County and State last aforesaid this day of CI-) , 2003. NOTARY PU C State of Florida My Commission Expires: This Instrument Prepared By: '"�'`Y Lisa D.Mizell MYCOMMISSION# DD105336 EXPIRES April 2,2006 Karl W. Adler, Esquire BONDED THRU TROY FAIN INSURANCE WC Adler, Tolar and Adler 1700 Northeast 26th Street#4 i Fort Lauderdale, Florida 33305 305/566-3237 s 10 'OV Ae� & X)lf Pf -t -----— ___ ----o ------ -,�.---- - -- --------- _ ��_, r r r I r r i 5) C Rear Porch-l 8 St"W- 19 i ® c� Office-15 C'- t r I r r r r Ccl1 0 r , s � r t � Tofiet- 10 Gaf _13 ct r t Kttct>tert-14 • i r I ' 1 ' r t (IJ c7 Office-8 R fion-7 Office-9QD ' r . t UP ' t I Cs Front Pot Cft-2 ®i i c , stoop i LT i i i berg-Swanson mouse 01 Dania Beach, Florida Ground Fbor Plan AtM aw Abe m*AtA Aaqumt:2�190 1 i f i I 1 Q DOWN Q4 1 i © i , t Exhit ,SP209 i t i i c7 i i i t i Nyberg-Swanson House o, Dania Beach.'Fiorida Second Moor Plan Ard oW/lbbWWAI+A tfe'=r-v AugM z.IM i 9t FLORIDA April 1, 2003 Mr. Morris Stowers Director Greater Dania Beach Chamber of Commerce P.O. Box 1017 Dania Beach, FL 33004 Re: Lease of Nyberg/Swanson House Space Dear Mr. Stowers: We enclose a fully executed lease agreement between the City and Dania Beach Chamber pertaining to portions of property owned by the City and known as the Nyberg/Swanson House. The commencement date has been determined to be March 31, 2003. • If you have any questions regarding this lease, please contact City Attorney Thomas Ansbro at (954) 763-4242. Sincerely, ne nson, �CVC City Clerk /cj Enclosure cc: Thomas Ansbro, City Attorney Karl Adler, Esq. • "Broward's First City OU \V,:,r Dania Beach Boulevard Dania Beach. Florida 33004 Phone: (954) 924-3600 wwvv.ci.dania-hrach.tl.us SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA NOTICE OF HEARING BEFORE CITY MIAMI, MIAMI DADE COUNTY, FLORIDA COMMISSION CITY OF DANIA BEACH; FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: STATE OF FLORIDA NOTICE IS HEREBY GIVEN COUNTY OF BROWARD/PALM BEACH/MIAMI DADE Ithat the City Commission. BEFORE E UNDE NED AUTHORITY, PERSONALLY APPEARED Honda City of f niaeach, 2lori at 7:00 February or as soon thereafter as the WHO,ON OATH,SAYS THAT matter may be heard,will hearin HE/. E IS`A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED nonhe tcityublic commission. D ARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED Chambers of the Dan Beach City Hall, 100 Westl I BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE Dania Beach Boulevard, ATTACHED COPY OF ADVERTISEMENT, BEING A: cconsidereathe Fproposedl adoption of the following Ordinances entitled: AMENDING SECT 18 2 AN ORDINANCE OF THE CITY OF DANIA BEACH, IN THE MATTER OF: FLORIDA,18-2 AMENDING CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, Amending Sect 18 2 FLORIDA,TO CLARIFY THE COMPENSATION OPTION AFFORDED MEMBERS OF IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE THE CITY COMMISSION WITH RESPECT TO PARTIC- ISSUES OF: IPATION IN THE CITY HEALTH INSURANCE PLAN; PROVIDING FOR DING 1/31,1 11277612 FORFS VERABLITY; FUR- THER, PROVIDING FOR AN EFFECTIVE DATE. AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER AN ORDINANCE OF THE PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, CITY COMMISSION OF THE AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY FLORIDA,A PRIOVING TOF HE PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AGREEMENT OF BETWEEN: • EACH DAY AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE THE CITY AND THE � OF BEACH CHAMBER OF POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, COMMERCE PERTAINING TO S FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF TYY OWN PORTION BY THEOCITY NY- ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT AND BERG-SWASWA N As THENSON HOUSE; HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON,FIRM, OR AUTHORIZING AND DI- THE EXECUTION CORPORATION,ANY DISCOUNT, REBATE,COMMISSION,OR REFUND, FOR THE OFCTIN THEGEASE BY THE AP- PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID CIALS; A PR CITY OFFI- NEWSPAPE CONFLICTS; PR� COOVIDING FOR NFLICTS; PROVIDING FOR SEVERABILITY; FUR- THER, PROVIDING FOR AN EFFECTIVE DATE. (SIGNATURE OF AFFIAN A Copy of these proposed Ordinances are on file in the .Office of the City Clerk, City Hall, 100 West ,,SWORN TO AND SUBSCRIBED BEFORE ME Dania Beach Boulevard, ON: 31-Janus -2003 A.D. Dania Beach, Florida,and may be inspected by the A—/ public during normal working hours: Interested parties mayap- pear at the aforesaid b heard (SI N TURE OF NOTARY PUBLIC) w thtirespectd to the pro- posed. Any person who decides to appeal any de- cision made by the City Commission with respect to any matter considered =_�' MY COMMISSION# DD0249�9 EXPIRES at this hearing will need a _.: July 2 1 2005 record of the proceedings ru aev FAIN i"S eaNce,INC. and for such purpose may need to ensure that a ver- (NAME OF`NOTARY,TYPED, PRINTED, OR STAMPED) batim record of the pro- ceedings is made, which record includes the testi- PERSONALLY KNOWN OR mony and evidence upon which the appeal is to be based. PRODUCED IDENTIFICATION In accordance with the American with Disabilities . Act, persons needing as- sistance to participate in any of the proceedings should contact Charlene Johnson, City Clerk, 100 West Dania Beach Boule- vard,Dania Beach,Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. ;/s/ Charlene Johnson, ICMC,City Clerk ,January 31,2003 i WEISS SEROTA HELFMA.N PASTORIZA & GUEDES, P.A. . ATTORNEYS AT LAW NINA L. BONISKE BROWARD OFFICE JOHN R. HERIN,JR. JAMIE ALAN COLE 3107 STIRLING ROAD, SUITE 300 CHRISTOPHER F. KURTZ EDWARD G. GUEDES FORT LAUDERDALE, FLORIDA 33312 PETER A. LICHTMAN STEPHEN J. HELFMAN KAREN LIEBERMAN` GILBERTO PASTORIZA MATTHEW H. MANDEL JOSEPH H. SEROTA JAMIE ALAN COLE BERNARD S. MANOLER` RICHARD JAY WEISS MANAGING SHAREHOLDER-BROWARD OFFICE ALEXANDER L. PALENZUELA-MAURI DAVID M.WOLPIN ANTHONY L. RECIO STEVEN W. ZELKOWITZ GARY 1. RESNICK` TELEPHONE (954) 763-4242 NANCY RUBIN` TELECOPIER (954) 764-7770 DANA S. SCHWARTZ THOMAS J. ANSBRO` WWW.WSH-FLALAW.COM GAIL D. SEROTA` LILLIAN ARANGO DE LA HOZ` ARI C. SHAPIRO ALISON S. BIELER MIAMI-DADE OFFICE JEFFREY P. SHEFFEL MITCHELL A. BIERMAN 2665 SOUTH BAYSHORE DRIVE - SUITE 420 FRANCINE THOMAS STEELMAN MITCHELL J. BURNSTEIN MIAMI, FLORIDA 33133 NANCY E. STROUD` ELAINE M. COHEN TELEPHONE (305) 854-0800 - TELECOPIER (305) 854-2323 SUSAN L. TREVARTHEN DOUGLAS R. GONZALES CARMEN 1. TUGENDER GERALD T. HEFFERNAN` OF COUNSEL DANIEL A. WEISS` December 16, 2002 Mr. Karl Adler, Esq. Adler, Tolar &Adler 1700 Northeast 261h Street, #4 Ft. Lauderdale,FL 33305-1413 Re: Proposed Ordinance and Lease of Portions of Nyberg-Swanson House by Dania Beach Chamber of Commerce Dear Mr. Adler: Enclosed is a copy of the above-referenced lease. Per the City Commission's direction at its December 10, 2002 regular meeting, I have changed Sections 3 and 4 to provide for a Lease term of two years with a one year cancellation notice. In any case, however, the Lease term is not renewable after two years without the execution of a new agreement. If you have any questions or comments, please contact me. Thank you. Si cerely,. Thomas IT. Ansbro � L 566.001 TJA:slw Enclosures cc: Ivan Pato, City Manager(w/o enclosure) Bonnie Temchuk, Assistant to City Manager(w/o enclosure) Charlene Johnson, City Clerk (w/o enclosure) • CITY OF DANIA BEACH MEMORANDUM TO: Ivan Pato, City Manager Bonnie Temchuk, Assistant to City Manager cc: Charlene Johnson, City Clerk FROM: Tom Ansbro, City Attorney v J DATE: December 13, 2002 RE: Proposed Ordinance and Lease of Portions of Nyberg-Swanson House by Dania Beach Chamber of Commerce Attached is a copy of the above-referenced lease. Per Ivan's e-mail of December 11, 2002, I have changed Section 3 and 4 to provide for a Lease term of two years with a one year cancellation notice. In any case, however, the Lease term is not renewable after two years without the execution of a new agreement. If you have any 'questions or comments, please contact me. Thank you. 566.001 TJA:slw Enclosure