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Home My WebLink AboutO-2004-005 Beach Grill Amendment1ORDINANCE NO. 2004-005 E AN ORDINANCE OF THE CITY. OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF AN AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Amendment to a Lease Agreement between, pertaining to a Lease existing between the City of Dania Beach, as Landlord, and Dania Beach Grill, Inc., a Florida Corporation, as Tenant, and covering the property known as "Dania Beach Grill" and more particularly described in the original Lease Agreement, an unexecuted copy of which Amendment to Lease Agreement is attached and made a part of this ordinance as Exhibit "A", is approved. Section 2. That the proper City officials are authorized to execute the Lease on behalf of the City of Dania Beach, Florida. Section 3. That 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. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. 0 I ORDINANCE NO. 2004-005 0 0 Section 5. That this ordinance shall be in force and take effect immediately upon adoption, and the Lease shall have an effective date retroactive to and as of 12:01 a.m., February 15, 2004. PASSED AND ADOPTED on first reading on February 10, 2004. PASSED AND ADOPTED on second reading on February 24, 2004. ,4,TTEST: MIRIAM NASSER ACTING CITY CLERK F, -ole .101 OMW I T1 I kyj riviel ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES COMMISSIONER MIKES - YES VICE -MAYOR MCELYEA - YES MAYOR ANTOW YES APPROVED AS TO FORM AND CORRECTNESS: :1 BY: THOMAS S)ANSbRO CITY ATTORNEY 2 ORDINANCE NO. 2004-005 AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND DANIA BEACH GRILL, INC. This is an Amendment to a Lease Agreement, which Lease Agreement exists between the City of Dania Beach, Florida, as Landlord ("Landlord") and Dania Beach Grill, Inc., a Florida corporation as Tenant ("Tenant"). This Amendment is entered into and becomes effective retroactive to February 15, 2004 at 12:01 a.m., and it is an amendment to the existing Lease Agreement, which Agreement is dated February 14, 1999 (the "Agreement"). The Landlord and Tenant wish to amend the Agreement, by extending the term for an additional five years (i.e., until February 15, 2009). The parties also wish to add and revise other terms and conditions. In consideration of the mutual covenants, terms and conditions contained in the Agreement and this Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree to the following: I . Term. Paragraph 3 of the Agreement entitled "TERM", is deleted and in its place it shall read as follows: 3. TERM. The term of this extended Lease (the "Term") shall be extended for a period of five (5) years, beginning retroactively to and effective on February 15, 2004 at 12:01 a.m. and ending at midnight on February 15, 2009, unless sooner 0 terminated as elsewhere provided in this Agreement. 2. The parties acknowledge and agree that certain measures need to be taken to ensure that the Demised Premises comply with the federal law known as the Americans with Disabilities Act (the "ADA"). The Landlord agrees to pay for all costs and expenses related to such measures, up to an amount not exceeding Twenty Thousand ($20,000.00) Dollars; provided, however, that Tenant shall reimburse Landlord for all such costs and expenses that exceed Twenty Thousand Dollars ($20,000.00). The measures required to be undertaken to comply with the ADA shall be determined by a consultant engaged by the Landlord and the Landlord's decisions as to the measures to be undertaken to achieve ADA compliance shall be final. 3. Paragraph 4, entitled "RENT" is amended in the following respect: a) The annual rent amounts specified in the Agreement for Year One to and including Year Five are deleted, and in their place, the parties agree that Tenant shall pay $2,300.00 per month for the first year of the term, as extended by this Amendment. The monthly rental shall increase by four percent (40�o) on the first anniversary (i.e., the beginning of the second year) of the extended Lease term and such monthly rental, as adjusted, shall increase for each year thereafter by four percent (4%). In all other respects, the provisions of Paragraph 4 are ratified and reaffirmed. 0 0 0 0 4. Paragraph 18, entitled "ASSIGNMENT AND SUBLETTING" is amended, by adding the following provisions: Any change in the controlling interest of the TENANT (i.e., any transfer of any type in which fifty-one percent or more of the voting stock of the TENANT is transferred) is considered by the parties to be an "assignment", requiring the advance written approval of LANDLORD, as specified above; provided, however, that any such change or transfer among the immediate family members of Mr. Demas (including only Louis Demas, Carol, his wife, and Debbi Healy, their daughter) shall not be deemed to be an "assignment". 5. Paragraph 20, entitled "TENANT'S RIGHT OF FIRST REFUSAL" is arnended to read as follows: The provisions giving a grant of a "right of first refusal" are again extended to the TENANT, to apply to the new Term of this Lease, as extended by this Amendment. IN WITNESS OF THE FOREGOING, the parties have executed this Amendment on the day and year first above written, effective retroactively on the date specified above. ATTEST: 1.4 BY - Miriam, Nasser, Acting bty Clerk LANDLORD CITY OF DANIA BEACH, a Florida municipal corporation BY: ftobAnt6n Mayor - Commissioner BY: Ivan Pdto, City Manager APPROVED AS TO FORM AND CORRECTNESS: BY: Thomas J. Arisbrojby Attorney 2 is Signed, sealed and delivered in the presence of - Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF BROWARD TENANT: DANIA BEACH GRILL, INC., a Florida corporation �y Louis Demas, President The foregoing instrument was acknowledged before me on'�J�(i,,(I, I '-� , 2004, by Louis Demas, as President of Dania Beach Grill, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced C) as identification and diclLdicl noij ),take an oath. My commission expires: -:�"; \ Z �' -ZL�-> C��6 0 NOTARY POBLIC, State of Florida at large Xathy VanNoorden Notary Public, State of Florida MY comm. exp. Feb. 23, 2008 COM No. DD 293179 E February 11, 2004 Mr. Louis Demas 65 N Beach Rd. Dania Beach, FL 33004 Re: Amendment to Lease Agreement Between the City of Dania Beach and Dania Beach Grill, Inc. Dear Mr. Demas: Enclosed please find a revised version of a "draft" of the above -referenced Lease Amendment, as discussed during the February 10, 2004 City Commission meeting. If you have any questions or comments, please feel free to contact me. 0 566.028 TJA:slw Enclosure cc: Ivan Pato, City Manager Patty Varney, Finance Director Ken Koch, Building Official 0 Very truly yours, Thomas J. Ansbro City Attorney CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners CC: Ivan Pato, City Manager Patty Varney, Finance Director Ken Koch, Building Official FROM: Tom Ansbro, City Attorney DATE: February 4, 2004 0 RE: Proposed Lease Extension for Dania Beach Grill, Inc. The Dania Beach Grill Lease is presently set to expire on February 14, 2004. The current tenant wishes to extend the term for an additional five (5) years. The City Manager has negotiated an Amendment to the Lease which would extend the term for five (5) years, subject to the following terms: 1) the term would be extended and expire on February 15, 2009; 2) the current rental of $24,000.00 per year would be increased to $2,300.00 per month ($27,600.00 for the first year). After the first year, the rent would be increased by four percent for the following year. Thereafter, as increased, the rent would continue to increase by four (4) percent per year, based upon the prior year's adjusted rent; 3) A number of measures will need to be taken to comply with the federal Americans with Disabilities Act (the "ADA"). The City would agree to pay for the improvements to the building and patio, in an amount not to exceed $20,000.00. Any costs and expenses exceeding that amount would be the responsibility of the tenant; 4) The original Lease provided for a "right of first reftisal" to be granted to the Tenant, allowing it to "meet or beat", at the end of the original Lease term, any rental and Mayor and Commissioners February 4, 2004 Page 2 other terms proposed by any new tenant. That provision has not been carried over into the proposed Amendment. This is ready for Commission consideration (approval of execution of the Lease amendment by means of an ordinance, as specified by the City Charter). To avoid any lease term "gap", the new term would begin retroactively, as of February 15, 2004. 566.028 TJA:slw Attachments is 2 SUN -SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF PROWARD/P��M BEACH/MIAMI DADE BEFORE,*� UNQF�RVWD AUTHORITY, PERSONALLY APPEARED zz "z �� , �,/ WHO, ON OATH, SAYS THAT HE��([E IS A 010L1? AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED D ARTMENT OF THE SUN -SENTINEL, DAILY NEWSPAPER PUBLISHED BROVVARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A: LEASE AGREEMENT- DANIA BEACH GRILL IN THE MATTER OF: Lease Agreement- Dania Beach Grill IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: 2114,1 11804239 AFFIANT FURTHER SAYS THAT THE SAID SUN -SENTINEL IS A NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID, NOR PROMISED, ANY PERSON, FIRM, OR CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE PURPOSE OF SECURING IS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAP (SIOKATIJFIE�6F AKFIANT) SWORN TO AND SUBSCRIBED BEFORE ME ON: 14-February-2004 , A.D. (SI6NAT URE OF NOTARY PUBLIC) 1AYCOMIMISSICIN OD024939 EVRE 2,0, 200 5 (NAME OF NOTARY, TYPED, PRINTED, OR STAMPED) PERSONALLY KNOWN V/ OR 0 PRODUCED IDENTIFICATION NOTICE OF HEARING 80EIORIE c10TY C 'M SS N CITY OF DANIA REAc% FLORIDA, � REGARDING ADOPTION OF THE FOLLOWING - � PROPOSED ORDINANCE:, NOTICE IS HEREBY.41VEM that the City Cornmisslorli' of the City of Dania Beach Florida, on February 24:1 2004, at 7:00* P.M. or"as soon thereafter as. the matter may be heard, will licnontductCa PuC.1ic hearing he ity Mmission J8C,1aambCrsy HOafllthe Dania :h it 1 00 West Dan!Dan a a ch, Boulevard B:a , Florida I a B ch ., 6 con der the proposed s' adoption of t a 0 Ordinance ent,tled:"P�'ng AN ORDINANCE,. CITY OF DANIA,BEACH, FLORIDA, APPROVIN6-EX- ECUTION OF AN AMEND- MENT TO A LEASE AGREE- MENT EXISTING BETWEEN THE CITY AND ;DANIA BEACH GRILL, INC., �COV. 'ERING THE PROPERTY 1 KNOWN AS DANIA, BFACR liGRILL AND MORE PARTIC� 1ULARLY CESCRIBEDINTHt ILEASE: AUTHORIZIAIGJHIE� EXECUTION OF -,��,,THEJ :A ENDMENT TO 'JKE M i� , j LEASE BY THE APPROPRI-' ATE CITY OFFICIALS; PRO-; VIDING FOR CONFLICTS;j PROVIDING. FOR SEVER-! ANCE FURTHER, PROVID- ING �OR AN EFFECTIVE DATE. Copies of the propose� Ordinance are on file �ir the Office of the Cjt� Clerk, City Hall, 100�W6sj Dania Beach Boulevard, Dania Beach, Florida, and may be inspected -by the public during �:norrnal working hours. Interested parties=p- pear at the a ld meeting and be heard with respect to the pr6- posed. Any person :who decides to appeal any,de- �cision made by the City lCommission with 'to any matter con= at this hearing will need -a record of the proceedings and for such Purpose may need to ensure that a�ver- batim record of the pro- ceedings is made,.which record Includes the,testi., mony and evidence U on which the appeal is , torbe based. lin accordance with:.,the American with Disabilities Act, Persons needing'as-, sistance to partjcipat6�.ip any of the proceedings should contact the City Clerk 100 West :D4nia Beac� Boulevard, Dania, Beach, Florida 33004' (954) 924-3624 at least 4i hours prior to the mfeet- ing. /s/ Miriam Nasser Acting City Clerk February 14, 2004