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HomeMy WebLinkAboutR-15-30 AmendmentRESOLUTION NO. R-15-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SECTION 3 "TERM OF LEASE" AND SECTION 4 "RENT" OF THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has leased a portion of the Sebastian Municipal Airport Property for use as a municipal golf course since 1981 and approved a lease agreement by adoption of R -86-4A; and WHEREAS, the CITY has determined to amend the tern of the lease for an additional thirty (30) years, with an ending date of September 30, 2045; and WHEREAS, the CITY has determined that the fair value previously established in said Lease should be adjusted; and WHEREAS, in 2000, a new lease agreement was adopted by Resolution No. R-00-48, and then in 2009, Section 4 "Rent' was amended by adoption of Resolution No. R-09-39, Resolution No. R-13- 31; and Resolution No. R-14-26; and WHEREAS, the Airport is agreeable to said changes to said Lease, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The City Manager is hereby authorized to execute the City of Sebastian Airport Lease Amendment as attached hereto as Exhibit "A". Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was ove for adoption by Councilmember L� The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor 2 Vice -Mayor Jerome Adams Councilmember Andrea B. Coy ZW Councilmember Bob MCPartlan Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 23d day of September 2015. Ail • •' I1 ATT C Sally A. M' , MMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Robert Ginsburg, City Attorney e-15'30 Ex(4te1-r '.�„ AIRPORT LEASE AMENDMENT THIS AMENDMENT of that certain AIRPORT LEASE dated August 23, 2000 (hereinafter called "Lease"), providing for the use of land from the Sebastian Municipal Airport in the operation of the Sebastian Municipal Golf Course, by and between the City of Sebastian (hereinafter called "City"), a municipal corporation existing under the laws of the State of Florida, provides as follows: WITNESSETH: WHEREAS, the CITY is the owner of certain property located in the County of Indian River, Florida; and WHEREAS, the certain property constitutes a portion of the Sebastian Municipal Airport (hereinafter called "Airport"); and WHEREAS, the CITY has leased a portion of such property from the Airport Enterprise Fund, for use of the Sebastian Municipal Golf Course; and WHEREAS, the CITY has determined that the rent based on fair value previously established in said Lease should be adjusted; and WHEREAS, the CITY wishes to modify said Lease; and WHEREAS, the Airport is agreeable to said changes to said Lease; and WHEREAS, the CITY desires to continue to lease the said property from the Airport, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter, NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, it is decreed as follows: Section 3. TERM OF LEASE, of the Lease is hereby amended to read as follows:. 3. TERM OF LEASE. The extended term of this Lease shall be for a period of thirty (30) years commencing October 1, 2015, and will end on September 30, 2045. Section 4. RENT, of the Lease is hereby amended to read as follows: 4. RENT. The parties agree that the annual rent, payable by the CITY, during the term of this Lease shall be $100,000. Future adjustments shall be based on changes in property values, when and if they are considered necessary by the City Council. The rent for the leased premises shall be payable in advance, in monthly installments, commencing from the date of commencement of this Lease, as described above and on a like day of every month thereafter during the term of this Lease. In addition to the rental amount, the Tenant shall pay all applicable taxes arising from this Lease, if any. The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In January each year, the Landlord will compare the most recent price index with the base price index for the prior year, and the yearly rent amount for the following fiscal year, and every year thereafter until the expiration date of the lease, shall be adjusted based upon changes in the price index. All remaining terms and conditions of the initial Lease shall remain in full force and effect. This document contains two (2) pages. APPROVED by the City Council at its regular meeting on September 23, 2015. ATTEST: Kif/• /{'I �� Sally A. aio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert Ginsburg, City Attorney CITY OF SEBASTIAN A Municipal Corporation By: Joe Griffin, City Manager