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HomeMy WebLinkAbout1979 Lease TItIS LEASE, made and entered into this ~__ day of __~__~, 197.9, by and between the CITY OF SEBASTIAN, a Florida municipality, party of the first part,.heKeinafter called the Lessor and J & S Aviation, Inc., a Florida corporation, John VanAntwerp, President; Syble VanAntwerp, Secretasy/Treaaurez, of Sebastian, Florida, party of the second part, hereinafter called the Lessee; : WITNESSETH: That in consideration of the covenants and promises herein contained by the parties, th~'Lessor does hereby lease to the Lessees the following described facilitlos, located at Sebastian, Indian River County, Florida, to wit: ATTACHED Les.sor leases to tile Lessee uaid airport facilities and laud for a term of twenty years, commel%cing .__~_~__~.3___~_~end terminating ./;~__~ / /~F~ with an option on the part of the upon at that time, between Lessor-Lessee, provid~d Lessee notifies L~ssor ~ writing at least niuety (90) ,days before the termination of this Lease of his intention to exercise sa[d option. 1. Rent. The parties agree that %he ~:ent for the term of this lease {hall be as follows: $300.00 per mouth, due the 10th day of each month, plus 2¢ per gallon of aircraft and fuel sold by the Lessee plus 1/2 of the parking . fees collected by the Le:%see, the rate of which is cur~-ently $1.00 per day and a maximum of $10.00 per month.' This Farking fee is subject to change upon approval 0f the airporf 2. LE~;SEE AGREES to pay all utilities for the premises, ct[stodial services, to maJnt~:.n the grounds, buildings and facili- ties on the leased property i~% accordance with the requirements of the Airport gommfssion, .the City of S~-.bastian and the F~; to keep the buildings and hereafter eCected premLses insured by fire, FAGE .t r~tended coverageS- ~,~cluding theft windsto~k.~d aircraft eolli- · / ''sion and to maintain liability insurance of not lese than $500,00 / $1,000,000/$5000,000 with a company or companies, to be approved by the Lessor. Lessee will furnish copies of said policies showing the interest of Lessor in the leased a~rport facilities and paid up annual premium receipts to the Clerk of the City of Sebastian. The above insuranGe limits shall be reviewed annually as to coverage 3. Nothing in this lease shall'b~ construed to require place or rebsild, th~ proceeds of said insurance policies shall be paid to Lessor ]ess any existing and outstanding liens, pledges or plopurty for nny lawful purpose associated with the use of aircraft and/or an airport an~ shall ]lave the- ,ight to construct upon said property any buildings or other structures that may be proper for such use, provided any such buildings or structures do not in any way curtail the use of the airport faciliti~s in their usual operations and provided further that any s~ch buildings or struc- flight instruction, char{er and rental flights of aircraft, rental aircraft services, conduct sales and service of the aircraft, pro- vide any and ail services and products incident to the airport operation normally associated with said operation, in compliance wit~ all ordiaances of the City of Sebastian and FAA requirements. PAGE 2 /~'~'~eil, IS-MU ~LLY AGREED that the : shall not $. I? Less, transfer, sublet, assign or encumber this lease to anyone without the permission of the Lessor, Lhis being a personal lease between Lessor and Lessee. Any subord[nation, .ple.dge or mortgage of the above described premises shall be done only by prior written ap- proval of the City of Sebastian, which approval shall not be un- reasonably withheld. '. 7. LANDING FEES. Landing fees are spe~cifically prohi- bited by this .]greement so long as no one else is permitted to charge landing fees, .is the use of the airport is for the 9Choral public. 8. iN CASE OF BRflACH of this lease by the Lessee, or the ~.xpiration of the Lease, or any extension hereunder, .that may be ~ ranted, the Lessee agrees to surrender possession of said facili- ties and all the buildings, edifices, ~tc., that are constructed by the said Lessee shall then become the property of the Lessor. 9. IN THE EVENT the U.S. Government st any tlmo during the term of this Lease takes over the opmration or use of said air- field and/or airport with the result that the Lessee is unable to operate under the terms of this lease, then the Lease shall be ex- t~nded for an additional ,period equal to the time tho Lessee has been deprived of the value of this Lease. 10. IN THE EVENT of eminent domain proceedings or any other proceeding which results in loss to the Lessee of a substan- ¥ tJa] portion of the premises leased by the Lessee,! Lessor and I.cssee agree that if this loss makes it impractical or unreasonably difficult for the Lessee to c.lrry out the purposes for which the premises were leased, then this Lease l,l~y at the option of the Lessee be cancel]ed and the Lessee i~ relieved of any obligatJon to pay rent for the balance of the term of the lease or on the portion lost by the Lossee. In the event of a dispute between the Les'sot .~nd Lessee as to what coast]JuLes an ~mpractical or u~%reaso.]ably Airport Co,u.ni,ssion and a third arblt~r selected by the fixed-base operator and the Airport Commlsslol]. PAGE 3 titlu to said structures or property, get,=s fair market value of any remain- they shall pay to the Lessee the lng buildings, structures or improvements. !1. LESSOR COVENANTS AND AGREES that' it'will not impose any restrictions, ordinances or other requirements on the Lessee that interfere with or contradict or infringe upon the requirements and regulations set forth by the FAA or other st~te and federal agencies as requirements for licensed airport o'p~rator or approved airport faciliiy. 12. LESSOR FURTHER COVENANTS AND AGREES to maintain an access road iu and out of the airport to the Lessees property, at its expense; to make repairs on the runway as required by the FAA ,]nd/or other federal airport agencies. 13. LESSEE FURTHER COVENANTS AND AGREES that the Lessor shall have the privilege at all reaso~able times to re-enter the sa~d leased premises for the purpose of inspecting the property and l,lun~s her~in aru being complied wiJ:b by the Lessee. Lessee shall become insolv~:nt or bankrupt or ifiproceedings for r~.c~?[vership or bankruptcy shall be instituted~gainst him or if he ~%haJ] make au assignment for the be,%uf~t of creditors or in any m.'*l]ner seeks, I,ermits or suffers his leasehold~3interest hereby crr~]tnd to be transferred or encuiiiber(:d by ope~tion of ]aw, or the Lessor so as to terminate all rlejhts, privileges and interests of the Lessee herein and hereunder. 15. The Lessor covenants, and agrees that during the term of this lease, it shall not permit, establish or allow any ot- her fixed-base operations at the Sebastian Airport unless said fixed the City to establish facilities at least as large in size, and PAGE 4 16. The Lessee covenants and aqrees with the Lessor that it will not transfer over 49% of its stock to anyone except John Van Antwerp or Syble Van Antwerp'without written consent of the Lessor. 17. The parties agree that the airport operation will be to serve the general public. In the event Indian River County assesses the City of Sebastian for leasehold purposes, the parties will negotiate for the responsibility of payment of the taxes assessed on this leasehold. 18. The Lessee agrees to maintain for the inspection by the Lessor at reasonable hours and upon reasonable notice to the Lessee, records of fuel sales and parking fees collected by the Lessee. 19. The Lessee agrees to maintain such reasonable hours Of operation se to meet the demands of the public. 20. The lessee for himself, his personal representa- tives, successors in interest, and assigns, as e part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimi~ation inlthe use of said facilities, (2) that in the construction of 9ny improvements on, over, or under such land and the furnishing of services thereon, no person On the grounds of race, color, or national origin shall be excluded from participation in,( denied the benefits of, or otherwise be subjected to discrimination, (3) that the lessee shall use the premises in comp~iance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subititle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regula- tions may be amended. 21. Lessee shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to al! users thereof and it shall Charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PRO- VIDED, THAT the Lessee may be allowed to make reasonable and non- discriminatory discounts, rebates or other stmi-lar type of price reductions to volume purchasers... 22. Non-compliance with Provision 21 above shall con- stitute a material breach thereof and in the event of such non- compliance the (owner) shall have the right to terminate this lease and the estate hereby created without liability therefore or at the election of the Lessor or the United States either or both said Governments shall have the right to judicially enforce Provisions 20 & 21. PAGE 5 23. Lessee agrees that is shall insert the above four provisions in any lease by which said Lessee grants a right or privilege to any person, firm or cozporation to render accommo- dations and/or services to the public on the premises herein leased. 24. The owners reserve the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the Lessee, and without interference or hindrance. 25. The owner reserves the right, but shall not be obligated to the Lessee, to maintain and kee'p in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard. 26. This lease shall be subordinate to the provi- sions and requirements of any existing or future agreement between the owner and the United States, relative to the deve- lopment, operation or maintenance of the airport. 27. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the leased premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the leased premises. 28. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the qranting of an exolusivg right within the meaning of Section 308 of the . Federal Aviation Act. 29. This lease and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said airport of the exclusive or non-exclusive sue of the airpor~ by the United States during the time of war or national emergency. 1N WITNESS WHEREOF, Ihe parties have hereunto se~ their / hands and seals the day and year first above written. Signed, sealed and delivered in ths presence of: The foregoing lease is hereby approved this C1TY OF ~EBA'STIAN, a Florida municipality Ch~rk .! & S Aviation, I.~nc. (hESSE,) Syb~ Van Antwerp, Sec./Zres. ~'~ ~ day Addendum to Lease: We the undersigned, City cf Sebastian, a Florida Municipality, Lessor and J. & S. Aviation, Inc. Lessee, do by mutual agreement hereby amend that certain lease between the parties dated 1979 as follows: 15 on Page 4 is deleted in full, cancelled, null and Paragraph void and shall have no force or effect. In Witness whereof, the parties have hereunto se% their hands and seals this day of i 1979. Signed sealed and delivered in the'presence of: City of Sebastian, a Florida Municipality As to the Lessor As to the Lessee By: Attest: By: Attest: Mayor Clerk J. & S. Aviation, Inc. President- John Van Antwerp Sec./Tres. Syble Van Antwerp ATTACIIMENT A FROM THE EAST COR~;ER of Section 29, being also the South corner of Section 30 of the Fleming Grant, indian River County, Florida, Run 1705.85 ft. bearing F~45%08'49"W along the Fleming Grant line to a concrete monument, thence run 1137.65 ft. bearing N-44"26'00"W to a concrete monument being the Southwest corner of Tract No. 4 as shown in the Lldyd & Associates Survey, Job 58-142, dated August 12, 1958, thence run 382.22 ft. bearing N-Ol"54'41"E to a point, thence run 367.63 ft. bearing S-89Q54'38 to a point which is the point of beginning, continuing 219.97 ft. along said bearing being the south edge of the E~st-West runway o~ Roseland Satellite Field to a nail & disk, thence run 175.031 ft. hearing N-0°02'59"W to a concrete monument, thence run run 174.98 ft. bearing N-0°04'55''E to the point of beginning, containing.88 acres more or less.