HomeMy WebLinkAbout2018 - 3rd Lease AmendmentSECOND (2ND) AMENDMENT TO
SEBASTIAN AERO
AIRPORT LEASE
Dated: April 28, 2000
THIS SECOND AMENDENTMENT of the AIRPORT LEASE AGREEMENT
(hereinafter "Lease") by and between the City of Sebastian (hereinafter
"Landlord") and Sebastian Aero Services (hereinafter "Tenant") dated 28 April,
2000, and provides as follows:
WITNESSETH:
WHEREAS, the Landlord is the owner of certain property located in Indian
River County, Florida; and
WHEREAS, the Landlord agreed to lease such property under the terms of
the Lease to Tenant; and,
WHEREAS, the Tenant wishes to modify sections of the Lease as outlined
herein; and,
WHEREAS, Landlord and Tenant are mutually agreeable to said
modification(s);
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
provided, the receipt and sufficiency of which are hereby acknowledged, the
parties have agreed as follows:
Section 2 of the Lease is hereby amended by the addition of the following:
2. LEASED PREMISES
Landlord hereby transfers to Tenant control and management of the Avgas self -serve fuel
facility and aircraft tie -down parking area located in front of the Terminal Building on the
east side of the airport. This transfer shall run concurrently with the term of the Lease.
Tenant understands that this provision shall become null and void, in part or in full, if
landlord requires these areas for airport projects/expansion.
2. Section 4 of the Lease is hereby amended by the addition of the following:
4. RENT
In addition to the rental terms outlined in the Lease dated April 28, 2000, the Tenant shall
pay the Landlord One Thousand Dollars per Month ($1000.00/month) in rental fees for
the rental of equipment associated with the Avgas self -serve fuel system.
Section 5 of the Lease is hereby amended by the substitution of the following:
DISPENSING FUEL
As additional rent, Tenant shall pay to the Landlord $0.20 (twenty cents) for every gallon
of fuel pumped by the Tenant on the first 30,000 gallons and $0.05 (five cents) for every
gallon of fuel pumped by the Tenant over 30,000 gallons on an annual basis. Fuel
Flowage fee(s) shall be paid on the last day of the month. For the purposes of Fuel
Flowage calculations, the `counter' will reset to zero on October 1" of each year. Fuel
Flowage figures are subject to City audit. Additionally, Tenant will maintain at least one
(1) certified refueling specialist to conduct daily Avgas quality assurance inspections.
Said specialist will keep a daily written log of the fuel quality inspections.
4. Section 7 of the Lease is hereby amended by the addition of the following:
USE OF LEASED PREMISES
Tenant agrees to provide three (3) tie -down spaces at the Terminal tie -down area for use
by transient aircraft parking. Transient aircraft parking shall be offered free of charge for
the first three days. Tenant may charge customary industry fees for transient aircraft
parking beyond (3) days stay. Tenant shall prohibit aircraft maintenance (other than
minor maintenance such as changing a flat tire) from occurring in the Terminal apron
parking area. Additionally: Tenant agrees to administer the use of the Airport Curtesy
Car and Golf carts for guest use in reaching area restaurants and the golf course. The
Landlord will provide maintenance towards the Curtesy Car and Golf carts.
Section 8 of the Lease is hereby amended by the addition of the following:
REPAIRS AND ALTERATIONS
Tenant agrees to repair or replace any and all equipment belonging to the Landlord
should the equipment become broke or destroyed. Tenant will pay for elected service
agreements.
5. Section 11 of the Lease is hereby amended by the addition of the following:
11. TAXES
Tenant agrees to pay all Federal, State, and Local Taxes and Fees as they may apply to
the self -serve fueling equipment and the sale of Avgas.
6. Section 12 of the Lease is hereby amended by the addition of the following:
12. LIABILITY INSURANCE
Tenant will maintain Environmental Liability insurance with regard to Avgas storage and
spillage with the City of Sebastian as an additional insured.
7. Section 34 of the Lease is hereby amended by the addition of the following:
34. MISCELLANEOUS
Tenant agrees to purchase Avgas present in storage inventory, calculated according to the
fuel quantities reflected in Siteminder and based upon the per gallon amount last paid by
the city for Avgas. Tenant will reimburse the City via a lump sum payment on October
1, 2018.
The terms of the original Airport Lease (dated April 28, 2000) shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal this 12th day
of September, 2018.
City of Sebastian
A Municipal Corporation
By
I Carlisle, City Manager
Attest
anett_e-�illintSs,.MMC City Clerk
(Seal)
Sebastian Aero Services, Inc.
By
Stephen Fish r
As approved as to Form and Legality
for Reliance by the City of Sebastian
only
Jos Stokes, City Attorney