The URL can be used to link to this page

Home My WebLink About2024 Extension and AmendmentEXTENSION AND AMENDMENT OF LEASE BETWEEN CITY OF SEBASTIAN AND FISHE FLYINGCORP. THIS AMENDMENT AND EXTENSION OF LEASE is made this 22nd day of May 2024, by and between, the City of Sebastian, Florida, a municipal corporation of the State of Florida; (hereinafter referred to as City) and Fishe Flying Corp., a Florida Corporation, DBA Wings Airline Academy (hereinafter referred to as Wings AA) and each represents as follows: WITNESSETH WHEREAS, the City and Fishe Flying Corp. previously executed an indenture of Lease dated May 1, 2019, hereinafter referred to as "Original Lease", wherein the City leased unto Fishe Flying Corp. certain real property located at Sebastian Municipal Airport, such real property hereinafter referred to as the "Leased Premises.'; and WHEREAS, SkytrainAviation Group Limited purchased Fishe Flying Corp. August 15, 2023, and assumed the lease rights and obligations with respect to the Leased Premises; and WHEREAS, Wings AA wishes to extend that Original Lease and City wishes to allow for same. NOW THEREFORE, In consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged and received between the parties, the receipt and sufficiency of which is hereby acknowledged, the undersigned jointly and severally for themselves, successors and assigns, do hereby declare, covenant and agree as follows: 1. Term: The term of the Original Lease for the Leased Premises, dated May 1, 2019, is hereby extended to expire on May 31, 2027. The Tenant shall have the option to extend the lease for an additional three (3) years with agreement by the City of Sebastian. Notice of intent to exercise said option by Tenant must be received by Landlord no later than six (6) months prior to the expiration of this lease extension. 2. Conditions: It is understood that all terms, conditions, covenants and restrictions of the original lease, and one amendment, are still in effect and will continue throughout the length of this extension. 3. Rent: The monthly lease payment due under this extension will be in the amount of $2183.37, plus sales tax and all additional assessments, taxes and all applicable fees, including those currently in place and any which may be imposed in the future, including but not limited to stormwater fees and the like. The monthly rent payable by Lessee to the Lessor for its use of the leased premises shall continue at the current rate until increased by the CPI at the designated intervals in the original lease. The next CPI increase will be due June 1, 2025. All payments are to be made at the office of the Finance Director, City of Sebastian, 1225 Main Street. In the event that any rental payment due hereunder shall not be paid within five days of when due, Wings AA will pay the City a late fee of 5% of the amount due. A separate late fee shall be charged for every month that Lessee's monthly payment is past due. Receipt of late fee is not a waiver of the default, but is additional costs incurred by the Lessor for the Lessee's failure to perform. 1 4. Attornev Fees. Venue. Jury Trial: Venue of all actions shall lie in Indian River County, Florida. Each party waives the right to a jury trial. Each party agrees that the prevailing party shall be entitled to reimbursement of reasonable attorney fees, including court costs, from the opposing party. For the purpose of this agreement, reasonable Attorney fees of the City Attorney shall be based on the fees regularly charged by a private Attorney with an equivalent number of years of professional experience who practice in Indian River County, Florida. 5. General Provisions: No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties. This Agreement represents the entire agreement between the parties hereto with respect to the subject matter hereof, and, it shall serve as a mutual agreement in writing by them to terminate any pre-existing agreement entered into by them with respect to the same subject matter, such termination to be effective immediately upon the execution by them of this Agreement. This Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which shall be deemed to constitute an instrument. Whenever the context shall require, all words herein in the masculine gender shall be deemed to include the feminine or neuter gender, all singular words shall include the plural, and all plural words shall include the singular. The parties acknowledge and agree that each party has reviewed this Agreement and that any rule of construction resolving ambiguities against the drafting party shall not be employed in the interpretation of this Agreement or any amendment, exhibit or schedule hereto. Any party may, at its discretion, waive in writing any or all of the conditions herein contained to which its obligations hereunder are subject provided that neither failure nor delay on the part of a party to exercise any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any singular or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. No course of dealing between the parties shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any default. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not affect or impair the validity, legality, or enforceability of the remaining provisions contained herein. 2 Whenever any notice is required by this Agreement to be made, given or transmitted to the parties, such notice shall be served by Certified or Registered Mail with return receipt requested, addressed to: CITY: SEBASTIAN MUNICIPAL AIRPORT AIRPORT MANAGER 202 AIRPORT DRIVE EAST SEBASTIAN, FL 32958 LESSEE: WINGS AIRLINE ACADEMY 202 AIRPORT DRIVE EAST SEBASTIAN, FL 32958 6. Other Provisions: All other provisions of the original lease agreement dated May 1, 2019 not in conflict with amendment shall remain in full force and effect. Except as hereby amended, the Original Lease shall remain in full effect and binding on the City and Wings AA. Specifically, all other terms and clauses of the existing lease shall remain the same and will continue to be in force as to the Leased Premises, as expanded by this Addendum. 7. The effective date of this Addendum shall be May 22, 2024. IN WITNESS WHEREOF, the parties have executed this agreement at Sebastian, Florida on this 22ndday of May, 2024. ATTEST: Lt � ty Clerk: Jeanette Williams Approved as to form and legality: ity Attorney CITY OF SEBASTIAN,.FLORIDA By; Mayor, Ci r'of ebasfi�h A EST: imess: ,_ 6& I ' Czx, (',rr hq= State of: Florida County of: Indian River As: Chief Executive Officer Witness: The foregoing instrument was acknowledged before me on this 7th day of June , 2024, by Jason Lumberton as the CEO of Wings Airline Academy, either in person g or via electronic means_. He/She is personally known to me, or has produced his/her driver's license, or his/her rrn Drivers TJ n-nse as identification, and did or did not x take an oath. NOTARY SEAL: pFtYPUe�s ys, o 0P� i Public, State of Florida MY COMMWEXPIRES 2-28-2027 mmission Expires on: 2 28 2027 4