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HomeMy WebLinkAbout2013 AmendmentCx (+Iz yr "A" FC6E . u i loci 4a. ,C-13-31 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 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 4. RENT, of the Lease is hereby amended to read as follows: 4. RENT. The parties agree that the rent, payable by the CITY, during the term of this Lease shall be as follows: (a) October 1, 2000 through September 30, 2005 $120,000 (b) October I, 2005 through September 30, 2009 $175,000 (c) October 1, 2009 through September 30, 2015 $135,000 (d) October 1, 2013 through September 30, 2015 $115,000 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. 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 25, 2013. ATTEST: CITY OF SEBASTIAN A Municipal Corporation By: Sally A. M ' , MMC Al Minner, City Manager City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert Ginsburg, City Attorney 2- RESOLUTION NO. R-13-31 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO 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, 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; and WHEREAS, the CITY has determined that the fair value previously established in Section 4 of Lease should be adjusted; and WHEREAS, the Airport is agreeable to said changes to said Lease, NOW THEREFORE, BE 1T 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 moved for adoption by Councilmember COY . The motion was seconded by Councilmember Wright and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan aye Vice -Mayor Don Wright aye Councilmember Andrea B. Coy aye Councilmember Jim Hill absent Councilmember Jerome Adams aye The Mayor thereupon declared this Resolution duly passed and adopted this 25'h day of September 2013. Arrf: Sally A. Ma!p(MMC City Clerk Approved as to form and legality for the reli by the City of Sebastian only: .4 Robert Ginsburg, City Attorney CITY U�S/E�BAStTI�A,N�OR A By: 1 �h/G' 1 �`/f"f- Bob McPartlan, Mayor