Case RBR Doc 21 Filed 04/04/13 Page 1 of 21

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA

Fort Lauderdale Division www.fls b.useou rtlga

In re: Chi )ter 11

THE FORT LAUDERDALE Case No. 13-14289-RBR BRIDGE CLUB, INC.

Debtor.

DE12TCR'S MOTION TO ASSUME NON RESIDENTIAL LEASE OF REAL PROPERTY WITH CITY OF FORT LAUDERDALE

THE FORT LAUDERDALE 7_71IDGE CLUB, INC. (the "Debtor"), by and through undersigned counsel, pursuant to 11 USC 365 and all other applicable law files this it's Motion to Assume Non Residential Lease of Real Property and states:

I. BACKGROUND AND OPERATIONS

1. On February 26, 2013 (the "Petition Date"), the Debtor filed a voluntary petition in this Court for relief under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code").

Since that time, the Debtor has operated as debtors-in-possession pursuant to Sections 1107 and 1108 of the Bankruptcy Code.

2. As of the date hereof, no creditors' committee has been appointed in this case. In addition, no trustee or examiner has been appointed.

3. The Debtor is operating its business and managing their affairs as debtor in possession pursuant to 11 U.S.C. §§1107(a) and 1108.

4. The Fort Lauderdale Bridge Club, Inc. ("Bridge Club") is a non profit 501(c) (7) Florida Corporation and has managed and operated a bridge club in Fort Lauderdale, Florida since

1958.

5. The Bridge Club has served and continues to serve a special and unique purpose in the City of Fort Lauderdale and throughout the region as a well run and respected facility for residents, primarily elderly, to compete and enjoy the game of bridge at all skill levels .

6. The Bridge Club has approximately 600 members at the present time and those members, as well as many guest who participate in events at the Bridge Club, rely on the club as a place to enjoy the game they love, socialize and be intellectually stimulated.

7. The Bridge Club is also unique in that the City of Fort Lauderdale has long recognized the social and community benefit to the Bridge Club by entering into and continuing a long term Lease for use of the facility located at 700 N.E. 6 th Terrace in Fort Lauderdale, located within Holiday Park down the street from the War Memorial Auditorium. The lease is $10.60 per year and clearly a valuable and critical element of the Bridge Club. A true and correct copy of the Lease with the City of Fort Lauderdale is attached hereto as Exhibit "A".

8. To state that the Bridge Club is a historical staple of the City of Fort Lauderdale and a long time part of the fabric of the community is not an understatement. The Bridge Club also donates to important and needy charities on a regular basis.

9. As a non profit the Bridge Club is governed by the Board of Governors who are volunteers (unpaid). There is essentially one employee who is designated as a manager and several independent contractors who serve the essential task as bridge game directors. The Bridge Game Directors oversee and manage the bridge games.

RELIEF REQUESTED

10. By this Motion, the Debtor requests that this Court enter an order pursuant to section 365 of the Bankruptcy Code approving the assumption of the Lease with the City of Fort Lauderdale.

2

11. The Debtor is current on its Lease obligations and timely paid its $10.60 rent for 2013. The Lease is the most valuable asset of the Debtor as it provides the important location for the Bridge Club's operations and enjoyment by its members. The Debtor's assets and continued receipt of revenue and membership payments ensure future performance.

WHEREFORE, the Debtor, THE FORT LAUDERDALE BRIDGE CLUB, INC., respectfully requests that the Court enter an order approving the Debtor's assumption of the non residential lease of real property attached to this Motion as Exhibit "A" and such other and further relief as is just and proper.

Dated this day of , 2013.

Respectfully submitted,

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court of the Southern District of Florida and I am in compliance with the additional qualifications to practice in this Court as set forth in Local Rule 2090-1(A).

GAMBERG & ABRAMS Attorneys for Debtor

1776 North Pine Island Road, Suite 309 Fort Lauderdale, Florida 33322

Telephone: (954) 523-0900 Facsimile: (954) 915-9016

E-mail: lubrams(c.b a om

By: /s/ Thomas Nbi'ams

Thomas L. Abrams, Esquire Florida Bar No. 764329

3

LEASE .

THIS IS LEASE AGREEMENT (herQinAfter "Learefl • made and entered lilt^ ''. a 's ,II . day ef.-(1,,z4/f,":7/.-.),, , 3 . • ..-•. by and

hetaaen the C F 010 LACbEkbAbB, a 1-111 - acrIT T ai co, . tion of the State Florida(iereinafter 4 c1ty n ),. nnd VilE. FORT LAVDER-

D A LE HIDOE (tUB, lac„ a Florida. .00t..--tor .--profit 'corporation

(hereinafter "clUb")...

WITNE

WHEREAS, the s a paanprefiterganiZation. which s'r :. the

•..aatibnal needs .. of the community,„ particularly of

senior cit: l;iY providing ^. Safe, inexpensive, wholesome quality en t. nment, communitY fellowahlP and recreation for the citizens. of the CiF

rogard to race, creed, 88X,

national Origin, age c and

TagEREAS, the City tinde, that the .Club and Club

activities flerve oignii, p ^ant public purpose, and 'wishes to encourage. and. araitaa samai

WHE S, Iha club.

.

.

a location . • o

15 016 A ne iiv in which to operate; and, - CitV

cur1 F -R , Itly neces r f01 ^, :- 0 Club has asked to lease far

land which is not

uraaici 1 purposes, which land the • ,.••oninal rent; and

WHEREAS, the City

to rent s uc h land to the Club for a nominal sum provided that the Club continues to serve

certain public func!tions, service and purposes.

NOW, TT.E1, : e0P,E, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties i:Are:e as follow:

1. DEMISE, pEEMIsEs

City hereby leases to Club and Club hereby rents from City, upon the following terms and conditions, the tract of land described as:

SE aiail%CH AND DESCRTPTION f PACHED HERETO AND MADE A PART NERECF

Whenever pm..,.e,'5, herein, tha term ^'rntir I Premise's" shall include the real astata descxibed. abova and attachOentS and

imiaroVementa and appartenances therea, now •existing ' Or. hereafter.

constructed. Although. Club ;', I :sing the real .estate . onlY./. and

not the imtirbvameats thereon, intended b both pArtiLe$ that

this Lease is Lo ountrol bothredestate and improvements.

Club hereby le

Club hereby agrees: to premises subject to, and

1 applicable building

codes, zoning regulations, and municipal, county, state and federal lay0,.. ordinances and regulations governing or regulating the Demised Premis es or. ft5 'oy Club; (ii) a14.COVetiantS,.

eazementS and restrictions of roord; and (iii) the terms, conditicn. and retriotion contained herein.

The rovemInts to. the Demised Prer H shall somet4.4.L.'.

be referred to a the . "Leasehold Improvement; The teaseholc!(

Improvements shall ^incaude a building . S),ructure"), 2. TERN

Th term of this Lease sIil be for a period of twenty- fi-,Je (25) yo.rrs, commencing on L.t 8, 1995 and terminating on Agust 7, "AO, unless earlier tc,,rm j,nated, as provided herein

("Term").

PrQvided that taut not in.. default in. the .tierf9tmf.lcle of this . tea:se . , City and Clu upon mutual agreemelt TxtondJie

Lase for twd (2) Additional Terms ot (10) years commending at the expiration. of caob TerTrt ("Extension

ll of the terms and conditions of tha Leas- 011011_ apply during eaeh..Utension Vern.,

This Lease •$1.1a1l terminate at the expiration of the Term provided above or earlier if:

(4). City terminates this Le'se due s te a 4e. Auit..

by Club hereuA4r; or

(b) ClU,b Oo ex:1)4t or ceases to be a :Pon..4.pro)fi)

3. RENT

.• As rent. for the Demised PreMises, Clrb shall. pay _City.

the annual. rent of Terl Dollat ($10) pr cal...--sfr year-, due and..

payable.. in full an in advance..On.. the f ;t y of the ye a r for whIch such rent due) Rent f first,

year shall be paid on the commenOement date of 7°1 the amount of !Pen Dollars . ($1.0) (an la;lei 119t . be prcred), Rent for the last, partial calendar year of this Lease rhail also be .. due in the full amount of Ta . Dollars ($10 . ) on the ^first of such year (and. shall bOt, be pro.4ted).

4. WARRNTX OEITLF Cit ' re ants that City Premises in free Ind

(including any Intraots, le---s pending condemnation procedinqs, the Demised Premises, other pa)::ti

restrictions and undisclosd ^'cigh . ^of cr easements), and has full right to make this Lease. Ci% tr covenants that Club shall

as

seized of the Demised cf 1 mcumbrances

;, threatened or ..)roceedings concerning b fj.s of possession,

2

subject to ns provided

5.

Club not limited to el s ervices for the utilities for the

y bills irclmlirg but

;.:<.'.per, cable ard lex hone Th i will not inoluiAa

soaping.

have quiet and peace during the Term her ,,0 not limited to, conOlt

the Demised premises l erms and ' cluding, but

herein.

( a) ^shall

M ^canstr

appro 6,800

irprov Ang lot of ex.cc—ion of

eafter, operate non-

. . tho

idge games associal.•

forth herein, N othey.

the•Demised PreT

the DemiscA Premis

sed Premis oilding of

t and an

qht (-) months and (ii)

club 'iu of actual

d games as set shall be made of

City may use ...ibed herein.

faciliti the Social beginners„

prOvide and mar

(18) hours ry-.r

card -- y.ing

,trt n - ^City . must approve All

constru , en work and plans i0.4dYehce and in

writin', Such. ''dVaI. shall net ^be . .

uhreasonzAbly ^Id4

a ceri in accordanc ith all applicable fed, stat local a p ^d 'y laws,. rules,

VtMA finances. All construction

permits, etc..

11 at...all . . . And through. the provide .

Ad. lighting for the:

CITY"..;

Club complete and functioning

7“...70mmodate games currently being held at tn Holifty and will provide weekly

:fate.nd advanced bridge lessons. Club shall to thr ceneral pub a Ainimum of eighteen lek, at reaonable ours agreed to by City, of

inst y:uction. Clu"=-J all collect all reasonable Toacs to provide these

Tozity use of fifty percent Ja of providing noncompeting or monopoly to the public.

k4 on rbarges,

Ethan. Club. Club —

times a. ow City access rers,s

landsca ings at-

lark lot being constructed by Club to.match thesting park ing lot the4 is shared with the vity Orter • at Park,

and 'Y)lar..,:,. and pay.

servir City ...dial]. .al

(50% :', :Card :R ,:,44 9511 for the

board •,-:,..awes such as chess, Chz:

10. OPfRATION. FTN ^3. PAIR

8. 0 T

E".c1 lub comove

roy d by -1 Title t;-: . elY o ; ;s constrcted on the Ni 4 Premises by CIL:to kitted by this Lea., shall. •:. s.

for s ne duration of ,..1. Lease, Club shall not, howeve any ovements from Demised Pre:, eS or

ah ?€' } °ovemonts on the nuiGed :04. except.

this _se. Club may. ,..hc evor— or destroy property of the elv=12 4 0.4t will-.

Ekoept. other.

On t ..emised 1,h.

lipli'Llioi:Ar ocnnnsat!

ail claims to or ub shall defen..d. and

coVicTed in this t.PAS.,z:, title to all it the term _c ion of this club, th . 6 ve5t in city tra0.

them by Club ,!4, third amo.ify city..

11P1Dre'Y Lease ahe cl person

lia -)r and 1c... ' 55 arising from such claims whlehx.ave n

brought through, against or be., ClUb. Op.c., u terwination of this Lease, ClUb's ownership of lmproveMent..; shall p eaSe, and ar e all liens or encumbranc :ept : Ints,

r) of-way or other ,..tncumbrahor. it own - of record or otkj .:e acceptable to City) aga' • '. the .:vir_ ::te. which

a) i from or through G,lub s s twne . . of fhe. =v •ovemente shall

it, ...„ ..cease.

9. UpORDINATION

City shall never bs ^tod to subordinate its Fee Simple title interest in the 'cmi,0 Prem ses.

Throughout thi:

at ub's sole cc, rt in ed Premises ,.A-td L.

conditior nd repair, with r.11 i.c able laws,

regul.4ti-

htll promptly and diligently, se, :e repair and maintain the Q..i.d 1,..e.—„, is in good, sanitary

ctory tt City, and in accordance ordina. es, orders and

(a) fir' ral, state gc -nmental

ruing jur rc tive dep

)unty, municipal and other ' bodies having or

all their

reaus and officials;

(b) insurance undo .3s ,.,.rig boards or insurance in :ion bur having or claiming

urie lusing the Florida Insurance

and alb, charges

all insurance companies insuring all or any part of the Demised Premises or Improvements.

Club shall be responsible for paying, if applicable, any

federal, state and loc°1.1 taxes or any other fees and

including, but not liml d to, special assessments that

ght k-,7cise out of the Club's operation and oc,k,

dub or the Club's tenancy of Demised ncy of the ices.

11, . 114.2113 Club

interest in Uoi, or any of the 1,-,3

not. subiet any or all of its

ease r the t c 5 id interest created hereby

ImProv

12.

Throug 1,1t the 0'16 experts, Club oId ImproVolaellt to the Demised damaqt . by and

40W

or. hereafter

coverage, Onderement

mhrOvemehtS, inoludihg ous 01 .3chief, for

nd Club their ihtere qty - amow ihsurande zhall be

suff. Ir• city pr Clth from

being. a dolnsurer e provisions of the peliCies, bit • ih no nt ball the amount _be

le$S than actual . rep - cost. of the Leasehold IMprevp-ments.

(b) Copmercial.GemarALLiAh' p anoe Club.

Shall •maintal. in of throughout the Lease t€ i liability ihSurande .dOVering the Demised PX'ellases and the LevehOldImpieVements in the

a pount...of ^{at 'teat} One Million Dollars

090490) for to or death of any

of at least On Dollars -00 0 1009410 for a7,/ one It Or

ence,.. and at Teas' 'red Thousand rs• .0509 0909-00) damage.

shall be named J13. add' l ona] named :ed. On. ClUbl s • publio liability Policies,

anc h e j e ly - Club may procure and

ain insurance not required by this Lease such insurance shall be for -The mutual it of City and Club. Club shCll furbish :y with copies of all insurance policies promptly

reckipt of them or

certificates « -1dencing. the all at

least th days befpre atien

thereof entt0 their initi

purtnas • policieS shall waive. all

right of _nsurers to be subrogated to any r' against Club or ClUb against..

City mall.. contain an agreement by the insurer - at the policies shall not be (a) YI'

Tenu,a

sole

shall. keep it

1.0‘-'0,ted. Oh or zipphrt.-- Premises ega$,Ht

such other ri as

•• ' in - extend.

in • •

• Ind

and a Each ach of

(d)

cells, mod at lea.5it . ten ) days' r wr n notice to . City.

it

'fi e

'm1, "', Club shall ad harmleSS ti- . y . and empl( and agents ol. -city trotrit nst any and all liabiiitieo, losses, judgmenta, fines, dama0S, costs and 2nses including reasonable attorne

' ° h incurred •charged to or reca 1 fvx any of ths foregeleq. ( ..t) X .1'

reason r on r of injury tp:or ^{death of} any on, - damage or destruct4On

pro resulting. •r om or- 1-.4.

of lub's igence or conduct the

occupancy' maintenance the Dem . ed • rremr. orLeasehold. Improv is tit. its operations thereon, or the nec or

misconduct in the acts or omie o As of Club's officers, agents, employees, contractors., sabcontructors, licensees or-invitees, ^acting

Alin the scope — their empleYteht, or (ii)

•

L L of the ..-if.7'ClUb ttviceep, obse, _ perform amo covenants or agreeMen in tbie ase o • be kept, observed

or perform' 4 by Cl'eb,

3.

lowing events shall be a default by Club ase:

(a) Abandonment or surrender of the Demised oises, or failure or refus-1 to pay when

;-,-k X installment of rent c- -ny other sum d v t!-:,s Lease to 13 -r4 by Club, or iailu to perform as required or

. other % e,N, requirement/

co ^vo m ent e ^o , ^o on of lease, if not ia; aVa,, notica H.thin the "grace periss" data ed, r. ,rein LInJ.utq®

(b) The subjection of any ricilt or interest of Club or c ; ;:,:y, whether

he Leasehold,

Demised 'mcem 4.ses or improvements thereon, or in thi: to attachment, execution, lien or othor or to une,;.- legal process i dime, If not reled or fully bonded within forty-five (4t -, Oar:.

An a-s nr ,tnt by Club for the benefit of cred& I-o,_,-s or the °LiIng of a voluntary or irv,)iun't .:ary petit by or against Club under

nor ti of adjudicating Club a

71. 0_ ::u or _or ng time for payment,

adjustr-a^ oraction of Club's

Its

under this T,e. , then the nalties, ►edie ni damages

In th t Club defaults icluding any

ireunder, and Club within ten (10) days

yment of such rent,

k~e

ormot and full (d) Club t

addit does after or if 'iub

prformance of this

defined, ithin rand by City ' further nclu,

o her ig default -slot cure th

w.4.1 cured, or

onably necessary to cure 3.37A in any such event City

bat not otherwise, with notices or demand, forthwith

club l s right to

a Pr'4.1 mises or, without Premises, and in illter the Demised

the Demised Premises after making such remodeling a3 City

' the M4:6'

tbat City all

-nt to 'OefaUlt, then o medy it may have,

"lob all ClaAa4es

uuch breach, including the Demised premises.

--,-rMination of this ,

and Club thirt that • time as Such' may, or ,

tgtnitate this posse,5sion of pownesin

ci And may relet

i rs and doin e,aSonable Pre in the terminate this

ddition to v. may '.racov incurred by reason the cost of recovar..

Also, eYcnt

Leas:., title to the Jixprovements On the p ure- .71 Prema dull vest . permanently . in City, atee /7.1,a clear of all liens and

6Acumbrances &:excctpt for encumbrances. shown on lat(s) of record, easements, rights-of-,Way and other. COMMoh. enculOralics acceptable .. to City). of any••kind..

Le he Dee

De m 0

defab

les; Or. anization, _ution or arrangeen f Or to prevent bankruptcy or ency; unless the a2:signment or proceedings, and all consequent Orders,

adjudication, custodies and supe

visio n .'r are dismissed, vacated, or otherwise pr* . a s , ly stayed. or terminated within. sixty

after t1 :4e asignmelt filing or . 0ther ini.t.ial event

Club shall charges A counsel, incurred

i

City in any 1

all of City's reasonable costs, inses, including the fees of

and others retained by City, ing any of Club's

this Lease or incurred by

gation negotiation or

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reT4np jo Aut.. grXo;aed 04 OTT0J.. • cflaTD 4T.TA4 . 4#4. ul

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i pOua0u00 10 e1\.T0AuT. omoorq 04 °4Inej

4tto's143/4 'A4 C3 aps..00-0.t.larqm

All ... .croons who xaig .-(!tnte , late placing Iiont Of any

kind Against Club bb interest intefebt. in (010 LeasehOld Ot- Tnatchold TRIpravements are h:eb:V f(Irther warned tbatd (a) the ^plaeeMeht of vi.Ach liens, it not satisfied, bonded- etc-

conatitutes a default under this Leae; (b) a dbfault. un6r edit.

(tease- may t at City , L :1,4:.m„ trigge b terminat:ion of - ..."

apd fo..) if. this. Lew...,... is bark-Abated, then. tale to1..;"!)Old...

IMprovements, and all interest in the Leasehold, sna a to City free .. and lbar olf.... all lions Andbencumbrande bf any hind

17. labaclIT TO T11.%_aqWbf:-XPINTLIYI

improilepsnts to the . extent that applicablO insUbabo • prdbccdt SO or destroye4 portion (.) the Oemited Pr...:„.0eS and Laud:told Club 1H .... ;arred to febonstrnet eb. rebuild 'T. damaged permIt provided howevbf, that Club shall a bo — iui- ) co so reconstruct or' rebuild if (a) the r dQstrucr_on occurs

in. the 160'6 :Lie ybars of t Te,- - (Horns over all obtainabIs insuraube brocceds to the bity i Clun•

voluntarily. termite ...err this La5e and turf . 0 ., •. Y104$Sgi3Oh

.*b.2 City) of the Bobised P7.m.:.H. :.a and Leasehold xmptovo:loot..

without further • .:-0.4vanbotiou from ^Ci 7.77 (this is the

eiroUmstance under . which. Club may te nate this Lc... thout City t s approval. at City's sole and abtolute

18 bAPF077). Pr'r')W.W7.

(a) this neata .bst be given.. in writing - All nol pi-.414tttad or requf°'7

. bball. by be • ..esid,dra d gdven L: butioets

it (.n overbigbt. o al del ...111rsel_..Ace, addressed. 1., and address to the party or. person 4.neSnded as

City Mandqer

City of For:... Lauderdale 100 North --cirews Avenue

Fort Lau I1 A , Florida 33301

•1 Parksark..-..:reation Dirac City (Of Port Lauderdale 13 W. breward Boulevard Fort Laudaz:Oale, Florida gmyto

CVB

City Attorney

City of Fort Lauderdale 100 North Andrews Avenue

Fort Lauderdale, Florida 33301 Pr:. went

Fort Lb lerdale Bridge Club, Inc.

Hotide bark

iort I .-lordale, Florida 33304

-9

Eithery may by written notice given at

• Ime or from time to time, require 'ic 2 to be given to another person, or to a differ ent address,

representation,

Aed in, or attach

reliecl on by either additi erete.must be in w change

amend bPth:

TIrlo containz, ne

the parties.

and covenant Lease has

Any

or ng signed by (b)

(c) The invalidity or illegality of

any of th, ^{-Frze ao to any}

Circumstan prov,ir ,. rson shall not

ATeo index,:' Or the

npplj iity the p ov :.invOly0d to . other cumst 0b. per, 1s the . . fullet

rmitt94-1*... law.

(d) T Subject to the Prev.iJi ons in this ment, sublettinc sale, eac;t the covenants anu conditions

11 be bindthg on and shall

it of the heirs, successors,

ratc,r. L igns and atives respective

Cucem.

par

This L rued in ncco,-

of Plorida.

be ned

itn the laws

of the Deg;.

continua notice, •

captions of thin Lease are for

' oranca o n Y, and in no way dcscribe the scope or intent

any way affect this Lease.

- No waiver of any

%.,,, nLained in this Lease such covenant or

tute a waiver of any covenant or

1:77 , o r justify or -nce on any other

other covenant or . party. No receipt

after the

after the service _ft( the ck.wmencement of any tine judgment for possession Premises shall reinstate,

..,:tend the Term or affect any such ad or suit.

oro or The

coven cond or of oa f fi i4 of Condi

siibseq

Condition. y ,dt4er zuthorizt the noncbsaz,

0c4caaion of the S4r4 or conditionS hereof1

money k j, tai .v from

;VW.

- 10

(CORPO

C erk oroved. e to foIHY'

city

WITNESSES:

(CORPORATE SEAL) X0444f6;i.)

00045/3'17

THE FORT LA ERDALE BRIDLE CLUB, INC.

(h)

In the and o

Premises, Club

latz on the basie o reed, sex.

origin, age or disability,. ThiS shall apply to all activiti membe hiring' of nervices or goods or Other or. .ponneoted..with the Demised.

Prepi

IN

e as of TNESS WHEREOF, the

e day and year firs ova . r

AD

have executed this ten.

CLUB

.ANZ0 my rtm.4„.. .Aha:4012A

XMIPSI,At2.0,1,94 E!ondati ,IthAr;11,,68,,t1-1

My Co

,rwM

,Iyamompmc}423.

7tled-fl gui‘ixY N. witti

n.- Typed, Printed -,,amped Nam('

STATE

OF FLORIDA:

COUNTY OF BROW

rum_ ackn

dg i befox me on A by VI> AO I ?tVand

and

I

E] BRIVi.

of the Ay ar4 .sonal

oduced as ident_

n id) take an oa

otary..Pu_ StateFlorida or (Signature of Notary

Rincwledgement)

LAP:B idge ^Club

08/03/95

- 12 -

RESOLUTION NO. 06-86

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO LEASE AGREEMENT WITH THE FORT LAUDERDALE BRIDGE CLUB ("BRIDGE CLUB") AMENDING THE ThRIV1S THEREOF TO PERMIT THE BRIDGE CLUB TO UNII A i ._1ALLY EXERCISE ITS OP IIONS TO RENEW THE LEASE.: FOP IWO (2) ADDITIONAL TERMS 01 TEN (10) YEARS EACH.

WHEREAS, by R-F:,olution No. 95-121, the City Commission of the City of Fort Lauderdale authorized the pro p: c City offic;l!s to execute a lease with The Fort Lauderdale Bridge Club, Inc., a Florida not for proN `,` L',,idge ( lub") corporation for the lease of certain property within the city's Holiday Park; and

WHEREAS, pursuant to Routkn No. 95-121, the City and Bridge Club entered into I( for i property for an initial tw, nty-five (25) year term from August 8, 1995 through August /, 2020, with two (2) ten (10) year options to renew, which such options to renew were exercisaule "upon mutual agreement" of the parties; and

WHEREAS, since the inception of (i le Lease, Bridge Club has invested substantial sums in improvements to the property and r€ .1t,_ -ts that the Lease be amended to provide them the unilateral right to exercise the two (2) ten (10) year options to renew; and

WHEREAS, City s11 has renewed the request and recommends that it is in the best public interest that the he amended to permit Bridge Club the ability to unilaterally exercise the options to renew wiu u further seeking the permission of the City;

NOW, Ti

E R Ef-0 R E BE IT RESOLVED BY THE CITY COMMr ccl ,,r81 OF THE CITY OF FORT LAUDERDALE, FLORIDA:

SECTION 1, That the proper City officials are hereby authorized to execute an amendment of inc I with the Bridge Club which would permit the Bridge Club to unilaterally exercise the two (',.).) L,,1 (10) year options to renew the Lease without seeking any further consent of the City.

06-86

y CI JONDA

RESOLUTION NO, O6-86 PAGE 2

SECTION 2. That the Office of 111 City Attorney shall review and approve as to f documents prior to their execution oy proper City officials.

ADOPTED this the 6th day of June, 2006.

ATTEST:

i,:COMM 2OOó\res\junc6\OôR6,doc

06-86

THE FORT LAUDERDALE BRIDGE CLUB, INC., a Florida not for profit

rr

Tercel, I Fort L UB") This instrument prepared by:

Robert B. Dunckel, Esq.

Assistant City Attorney City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, FL 33301

MEMORANDUM OF LEASE AGREEMENT

THIS MEMORANDUM OF LEASE AGREEMENT is entered into this 6th day of June, 2006 by and between:

CITY OF FORT LAUDERDALE, a municipal corporation, its successors and assigns, 100 North Andrews Avenue, Fort Lauderdale, FL. 33301

KNOW ALL MEN BY THESE PRESENTS:

1. Lease and First Amendment. CITY and CLUB executed a Lease Agreement October 31, 1995 ("Lease"). Thereafter, CITY and CLUB entered into a First Amendment to Lease Agreement dated June 6, 2006 ("First Amendment").

2. Demised Premises. The Demised Premises under the Lease and First Amendment is located in the City of Fort Lauderdale, Broward County, Florida within certain park lands owned by CITY and commonly known as "Holiday Park", such Demised Premises being more particularly described as:

A PORTION OF LOTS 27 THROUGH 32, BLOCK 294, "PROGRESSO", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 18, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF LOT 25 OF SAID BLOCK 294; THENCE ON AN ASSUMED BEARING OF NORTH 00°00'00"

EAST, ALONG THE WEST LINE OF SAID BLOCK 294, A DISTANCE OF 59.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE, ALONG SAID LINE, A DISTANCE OF 125.00 FEET; THENCE NORTH

Fort Lauderdale Bridge Club Memorandum of Lease Agreement 06/14/2006

K:VEA Documents Fort Lauderdale Bridge ClublBridgeCIbMemo.doc - 1 -

3. Repository for Lease and first Amendment. Copies of the Lease and First Amendment are on file with the Office of the Ci Clerk for the CITY

6 oti e pur f ndu L

to place I hatli ise P 1 vvn in f shin subject to a Lease and First Amendmen with the CLUB, the terms and condi be exam' at f e Clerk f h ITY.

eement is e CITY is ions of which may

Agreement effective a and a a ve

eorge Gretsa City Manager

City Clerk

90°00'00" EAST, A DISTANCE OF 68.00 FEET; THENCE SOUTH 00°00'00"

WEST, A DISTANCE OF 125.00 FEET; THENCE SOUTH 90°00'00" WEST, A DISTANCE OF 68.00 FEET TO THE POINT OF BEGINNING.

SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF FORT LAUDERDALE, BROWARD COUNTY, FLORIDA, CONTAINING 8500 SQUARE FEET, MORE OR LESS.

3. Term. Under the Lease and First Amendment, the Lease Term commenced August 3, 1995 and terminates August 7, 2020. CLUB has two (2) ten (10) year options to renew.

4. Use and Improvements. Under the terms of the Lease and First Amendment CLUB has constructed a building of approximately 6,800 square feel and parking lot therefor to be used as a non-profit bridge club.

WITNESSES:

(i1///176

[Witness type or print name]

c r')(\ C\cx. \CIh _.

•(-

[Witness type or print name]

(CORPORATE SEAL)

CITY OF FO 'T ERDALE

ATTEST:

Fort Lauderdale Bridge Club Memorandum of Lease Agreement 06/1412006

K: \JEA Documents \ Fort Lauderdale Bridge Club \BridgeClbMemo.doe - 2 -

ommission Num.e

STATE OF FLORIDA:

COUNTY OF BROWARD:

e oregoing instrument was acknow 2006, by

DERDALE, a municipal corporation of Flo n oath.

est,10,144t,

eglefore me this / Sit SAS, City Manager of the CITY F

He is person;) ly known to me and did

Publi State of ( ignature of Notary take

Acknowledgment)

A.

A Name of Notary Ty Printed or Stampe My Commission Expires:

ubiic Stale of Florida Sandra Anne Doughlin MY Commission 00197734 Expires 95/03/2007 3i.soo

(SEAL)

I

rmi a

Approved as to form:

Attorney

STATE OF FLORIDA:

COUNTY OF BROWARD:

The foregoing instrument was acknowledged before me this

c

--)LAW l.l. , 2006, by JIM NAUGLE, Mayor the CITY FORT LAUDERDALE, a municipal corporation of Florida. He isr nally ,...:. .

o/ and did not

take an oath. ,.. /

ir AAAA.■ -.1,4= ....d:

Notary Public, State of Florida (Signatures of Notary taking Ackir lee. cnt)

Printed or Stamped Ty (SEAL)

a

(27 Ism 0

Co)

Commission Number b.b191131±

Fort Lauderdale Bridge Club Memorandum of Lease Agreement 06/14/2006

K:JEA Documents \Fort Lauderdale Bridge Club\ BridgeCIbMemo.doe -3-

WITNESSES:

4

/0.44- a-La-ALL.-

THE FORT LAUDERDALE BRIDGE CLUB, INC., a Florida not for profit corporation

Ma Presiden

The foregoing 'nstrumen 2006, b Sh-otas-Preside/

not fo pr t Lco-poFatipn.

J J

as acknow edged before me this

T-F-.: F T UDER B a Florida

irsonally ow produced

i tific th.

(SEAL)

JOHN EAURELIUS

■,10TARY PUBLIC STATE OF FLORIDA

C'01,4MIOSION # 00319988 8//3/2008

THOU

Public, State of Florida nature of Notary taking Acknowledgment)

tP',Wc/. ,e'•

Name of Notary Typed, Printed or Stamped STATE

COUNT

•\Dor■-;) E

Ator.li

[Witness type / print name]

- . ATTEST:

(SEAL)

fiv-te..cki.

My Commission Expires:

Fort Lauderdale Bridge Club Memorandum of Lease Agreement 06/1412006

!SABA Documents \ Fort Lauderdale Bridge Club \BridgeabMemo.doc - 4 -

1 0 11,1 E. AURELIUS dowirmtgic - STATE OF FLORIDA

COMMISSION # DD319988 EXPIRES 8/13/2008 1.10505 ,,,pn-scr-ARY!