HomeMy WebLinkAboutR-22-04 Land Lease Release - FisheRESOLUTION NO. R-22-04
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CONSENTING TO THE MUTUAL RELEASE OF
ALL OBLIGATIONS UNDER THE AIRPORT LAND LEASE AGREEMENT
BETWEEN FISHE FLYING CORP AND THE CITY OF SEBASTIAN FOR
CERTAIN PROPERTY LOCATED AT 300 AIRPORT DRIVE WEST ON
THE SEBASTIAN AIRPORT; PROVIDING FOR CONFLICT; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
Whereas, the City of Sebastian owns certain property at 300 Airport Drive West
on Sebastian Municipal Airport; and
Whereas, Fishe Flying Corp, having the ownership of buildings and
improvements, is a bona fide land leaseholder of said property; and
Whereas, Fishe Flying Corp, having now sold its building assets situated on said
property to new owner(s) who are about to enter a new land lease agreement with the
City of Sebastian, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. CONSENT. The City of Sebastian hereby consents to Fishe Flying
Corp being released from all obligations under the Sebastian Airport Land Lease
Assignment dated 23 March, 2016 and authorizes the City Manager to execute a letter
acknowledging the mutual release of Fishe Flying Corp from the land lease agreement.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
are hereby repealed.
Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be
renumbered or re -lettered and corrections of typographical errors which do not affect
the intent may be authorized by the City Manager, or the City Manager's designee,
without need of further action of City Council by filing a corrected copy of same with the
City Clerk.
Section 4. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Council Member
McPartlan
The motion was seconded by Council Member Jones and,
upon put to a vote, the vote was as follows:
RESOLUTION R-22-04
Page 2
Mayor Jim Hill Aye
Vice Mayor Fred Jones Aye
Council Member Bob McPartlan Aye
Council Member Chris Nunn Aye
Mayor Ed Dodd Aye
The Mayor thereupon declared this resolution duly passed and adopted this
121h day of January, 2022.
CITY OF SEBASTIIAN, FLORIDA
Mayor Jim ill
ATTEST: �{ " r/
4netteWilliams Cty�ler��
Approved as to form and legality for
reliance by the City of Sebastian only:
VW151 1151
M IT
45EBASTU%
HOME OF PELICAN ISLAND
CONSENT TO ASSIGNMENT OF AIRPORT LEASE BETWEEN
CITY AND SEBASTIAN AERO SERVICES DATED 28 APRIL 2000
THE CITY OF SEBASTIAN hereby consents to the assignment of that
certain LEASE, made and entered into on 28 April 2000 with "Sebastian Aero
Services," to Successor Tenant, Fishe Flying Corp., and hereby releases Cooper
Trading Corporation from further obligations under said lease. This consent is
contingent upon the successful closing of any Sales Agreement between Cooper
Trading Corporation and Fishe Flying Corp. within sixty (60) days of the below
indicated date.
DONE is 23rd day of March 20I6.
ATTEST:
Sally A. aio — MMC
City erk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg
City Attorney
CITY OF SEBASTIAN
A Municipal Corporation
Jo�i'irif t /
City Manager
Ma
SErRsSTM
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: January 12, 2022
Aaenda Item Title: Approval of Resolution R-22-04 consenting to the mutual release of all
obligations under an airport land lease agreement between Fishe Flying
Corp. (Fishe) and the City of Sebastian for certain airport property located at
300 Airport Drive West on the Sebastian Airport; further authorizing the City
Manager to execute a letter acknowledging the mutual termination of said
lease.
Recommendation: Staff recommends City Council approval of Resolution of R-22-04 authorizing
the mutual release of all obligations under the airport land lease agreement
between Fishe Flying Corp and the City of Sebastian.
Background: On March 23, 2016 Fishe Flying Corp entered into an airport land lease
agreement with the City of Sebastian for the former Sebastian Aero Services property located
at 300 Airport Drive West. This followed Fishe Flying Corp's purchase of Sebastian Aare
Service buildings (an office and a hangar) that were located on the property. Fishe Flying
Corp. recently sold these buildings to Gyrocopter Flight Training Academy and consequently
Fishe wishes to be released from all obligations of the land lease agreement with the City so
as to allow Gyrocopter to enter into their own land lease agreement for this property.
This Aaenda Item Reauires No Exoenditure of Funds:
Attachments:
1) Resolution R-22-04
2) Copy of the 2016 Airport Land Lease Assignment to Fishe Flying Corp
Administrative Services Departme - evi
City Attorney Review:/ O
Procurement Division Rev! , i a plicab
City Manager Authorization:
Date: