Loading...
HomeMy WebLinkAbout2000 Lease-L_'kA)PHLf5) A" TO .K-00-q8 AIRPORT LEASE THIS LEASE, made and entered into this 23rd day of August, 2000, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, provides for the use of land from the Sebastian Municipal Airport in the operation of the Sebastian Municipal Golf Course, 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 referred to as the "Airport"); and WHEREAS, the certain property is available for those activities consistent with or in support of aviation activity, and may be leased for nonaviation purposes if a fair value is received from such rental and the funds are dedicated to aviation uses; and WHEREAS, the Landlord has leased a portion of such property from the Airport Enterprise Fund, (hereinafter referred to as the "Landlord"), for use of the Sebastian Municipal Golf Course (hereinafter referred to as the "Tenant") since December 12, 1981; and WHEREAS, the Tenant desires to renew the lease the said property from the Landlord, 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: 1. RECITALS. The above stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly as the Sebastian Municipal Golf Course, as represented on the attached Exhibit "A". As part of the current project to update the Airport Master Plan, Landlord shall commission a survey of the premises described above, which surveyed lands shall constitute the actual Leased Premises, and a copy of said survey shall be attached hereto as an Addendum. 3. TERM OF LEASE. The initial term of this Lease shall be for a period of fifteen (15) years commencing October 1, 2000, and will end on September 30, 2015. The parties agree that the rent, payable by the Tenant,_dur6g the term of this Lease shaWNzs follows: (a) October 000 through September 30, 20 $120,000 (b) October 1, 2005 t gh Septembe 2010 $175,000 (c) October 1, 2010 through tuber 30, 2015 $250,000 The above rental for the leased p ses shall be p ble in advance, in monthly installments, commencing from the da f commencement of this Lease, described above and on a like day of every mo thereafter during the tern of this Lease. In additi the rental amount, the Tenant's -hall pay all applicable taxes arising from this Lease, if any. 5. IMPROVEMENTS TO THE PREMISES. The Tenant shall have the right to use the leased premises for any lawful public purpose, with a primary purpose of operating a municipal golf course with facilities appurtenant thereto, and shall have the right to construct upon the leased premises any buildings or other structures, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. (a) The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or hens arising out of the construction of any such buildings or structures. (c) All buildings, structures and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole 2 ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. 6. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. 7. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking areas located on the leased premises in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may not be unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 3 8. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 9. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 10. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request. 11. INSURANCE. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 12. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 13. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes 4 being located on the property and being caused by the Tenant or its sub -Tenants. The presence of said substance or materials on the leased premises shall raise the presumption that Tenant is the cause of such presence. This Paragraph 16 shall survive the termination or cancellation of the Lease. 14. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Tenant may terminate this Lease by giving Landlord fifteen days notice in writing. 15. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, either party, at its sole discretion, may terminate this Lease. 16. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 17. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants 6i and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 18. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 19. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which consent may not be unreasonably withheld. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 20. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. It is acknowledged that the validity of said lease is subject to its approval by the Federal Aviation Administration. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. 21. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. APPROVED by the City at its regular meeting on the day and year first above written. AT ST: n L/4 a/ � — .`` aab CMe- Kathryn o'Ilallodan, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City orney CITY OF SEBASTIAN A Munici al Corpo on By: Oir encere, �'Mi%ity Manager it 4 \ 44ASE- IN11 \ / W\N 7RACi z TRACT 4 RESOLUTION NO. R-00-48 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-86-4A, AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW 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 WHEREAS, in discussions with the Federal Aviation Administration (FAA) it was concluded that a lease agreement renewal setting out annual fees and other provisions should be instituted. 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 Agreement 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 become effective immediately upon adoption. The foregoing Resolution was moved for adoption by/Councilmember efN The motion was seconded by Councilmember i"_�� and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes 044 Councilmember Ben Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward Majcher The Mayor thereupon declared the Resolution duly passed and adopted this 23rd day of August, 2000. -'; Z' Q �l ATTEST: i' ��j LtiIL Kathryn M. O'Hal orar City Clerk (SEAL) Approved as to form and legality for reli the City of Sebastian only: Rich Stringer, City Att ney CITY OF SEBASTIAN, FLORIDA By: 497rna 4 Walter Barnes, Mayor �a/�wti11 City of Sebastian, Florida Subject: Proposed Resolution R-00-48 Agenda No. Airport Lease Agreement J ed for Submi by: Ci Manager � v Department Origin: City Manager Date Submitted: 8-17-00 For Agenda of. 8-23-00 Exhibits: Proposed Airport Lease Proposed Resolution R-00-48 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: SUMMARY During discussions with the Federal Aviation Administration (FAA) over the past several weeks, relative to aviation practices, master plan logistics and funding opportunities for future projects, it became imperative that the City of Sebastian be in full compliance with FAA requirements as governed in the airport deed granted to the City in 1959. The City is working towards full compliance, to promote a brighter future for the Sebastian Municipal Airport. However, one issue of importance is lease agreements and respective annual fees. Therefore, for your consideration, staff has prepared a 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. RECOMMENDED ACTION Move to adopt Resolution R-00-48 authorizing the City Manager to execute 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.