HomeMy WebLinkAbout1985 Assignment of Lease between John Valentine and Goldstar Aero, Inc., I mLL OY —1.1 ....
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KOOW All MCR by 'these f VCSCnts,Thal GOLDSTAR AFRO, INC.
of the City of Pompano Beach , in 16 County of Broward
and Stale of Florida of the first part, for and in consideration of the sum of
Ten and no/100------------------------($10.00)---------- Dollars
lawful money of the United States, to paid by JOHN VALENTINE
of Sanibel, Florida of the second
part, the receipt whereof is hereby acknowledged, he granted, bargained, sold, transferred and delivered,
and by these presents do grant, bargain, sell, transfer and deliver unto the said part . of the second
part, his heirs executors, administrators and assigns, the following
goods and chattels:
Improvements on leased land and assumption of lease in accordance
with Sebastian Municipal Airport'Authority, Sebastian, Florida.
In particular, items include one airport hangar together with
office, said hangar and office consisting of approximately 10,000
square feet.
a.
Said address being 200 West Airport Drive, Sebastian, Florida 32950.
10 Itaffe and to NOW the same unto the said party of the second part, his heirs
executors, administrators and assigns forever.
AND We do , for ourselves and our heirs, executors
and administrators, covenant to and with the said party of the second part, His heirs executors,
administrators and assigns, that we are the lawful owner a of the said goods and
chattels, that they are free from all encumbrances; that we he ve good right to sell the
same aforesaid, and I�al We will warrant and defend the sale of the said property, goods and
chattels hereby made, unto the said party of the second part his heirs executors,
administrators and assigns against the lawful claims and demands of all persons whomsoever.
In Wtness Whereof, . I have hereunto set my hand and
seal this day of May , one thousand nine hundred and eighty—five
Signed, ad and delivered in pres n of us:
............_. _......... ...wrtb
Vln...�...CG2LXDR
°llll..........................(SEA
L)
....y ar......s1dber ......_....(SEAL).....
Otelp or
j President
(gouldilaf Indian River )
�t'RRrtbg (QPrtifg that on this day personally appeared before me, an officer sd�u_ly authorized to
administer oaths and take acknowledgements, EDWARD J. GOLDBERG, tPra';=ident of N
GOLDSTAR AERO, INC. i4ti:: ` `" '4cr
to me well known to be the person described in and who executed the 6'regohf9; Bill of Sale; and he N O
acknowledged before me that heoxecuted the same freely and voluntarily for i e puipo{e'.Ihorein expressed.
Ullunis my hand and official seal at Sebastian
County of Indian River • and Stale of Florida , this —( day of May C6
A.D. 19 85. cc
........................................................... .............. '... . ... ..........
'W +Qoig,ml{slofl.expires: Nolary Pubic, Stale f F.1 i a O
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rryr :, .t tC•: at I Y1hn («, I{ry4 r;• :, 1.(t•. i✓C
iv. le:4. tYVlnJi F , ... "11lP.a Und ,>SYfaai 11^.. •K:•
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487004
ASSIGN4ENT OF LEASE
For and in consideration of the sum of Ten ($10.00) Dollars and other
good and valuable considerations, the undersigned JOHN VALENTINE, Assignor,
assigns, transfers, and sets over unto VELOCITY AIRCRAFT, INC., A Floride
Assignee, all of its rights, title and interest in and to
lease dated Septursber 19, 1979, by and between the CITY of SEBASTIAN, a
Lessor and GOLDSTAR AM, INC., a Florida Corporation, and
signed to Jom VALENTINE, Lessee, May 14, 1985 and those premises more part
described on Bill of Sale Absolute of even date hereof. Premises
to lease are located at 200 West Airport Drive, Sebastian, Florida.
is subject to receipt of approval from the City of Sebastian
ig the terms hereof. I
To have and to hold same unto the Assignee, his Successors and Assigns
i
and after December 30, 1986, through the remainder of the term of the
lease subject to the covenants, conditions and limitations therein
agreed to by VELOCITY AIRCRAFT, INC., Assignee and the CITY of
VELOCITY AIRCRAFT, INC., Assignee, narmd in the Assignment of
set forth herein, hereby accepts the Assignment of Lease referred to
and hereby assures and agrees to perform the terms and obligations of the
on their part to be performed from and after DeceA�x 30, 1986, for
remainder of the term of said lease. VELOCITY AIRCRAFT, INC., Assignee
acknowledges that it shall be the responsibility of VELOOITY AIRCRAFT, INC.
Y
I kssignee, to obtain the permission of the CITY of SEBA.S'1'IAN, Lessor, with regax
Ito this assignment.
IIThis Assignment of Lease shall be executed in counterpart by tb
i
parties hereto:
�I CGS✓/ �Gl�7kPx1kz("e'
�Witne s as to JohnValentinI,z:7lllTll,c k V-..`�i'�Jri-�--
hfnes9"0 to Veloctky f,/
fitness as to ocity
Daniel r� Mayhem,,, President
er G. Ilotimmnn,
n n n7Ge De naAC
OF FLORIDA
OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before ne, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgmnts,
personally appeared JOHN VALENTINE, to me known to be the person described
in and who executed the foregoing instrument and he acknowledged before m
that he executed the sane.
WITNESS my hand and official seal in the County and State last aforesaid
this 3p day of December, A.D. 1986.
Notary Publlc1
NOTARY ROGER STATE Or nOPIOA
V UOPISSIOY UP. ME 0,1990
HOMED INRU RR[PAL IRS. UNp,
6TATE OF FLORIDA
Y1CRM OF INDIAN RIVER
I REMY CERTIFY that on this day, before IIe, an officer duly author
in the State and County aforesaid to take acknowledgrEerrts, personally appe
DANIEL MAKER and PETER G. HOFFMANN, well known to IIe to be the PRESIDENT
SECRETARY, respectively of velocity Aircraft, Inc., a Florida Corporat
naTTed as Assignee in the foregoing instrument, and that they sever
acknowledged executing the satte in the presence of two subscribing witne
freely and voluntarily under authority duly vested in them by said corpora
and that the seal affixed tharto is the true seal of said corporation.
Witness my hand and official seal in the County and State last afore
this ?o day of Decenber, A.D. 1986.
�i
,T �N' l WA5 REP U NOTARY PUBLIC STATE Or FLORIDA .
• Y NY COANISSIOI LRP. OCT 19,199p
DOMED INRU GENERAL INS. UNp:
EXECUTIVE E CF SEBASTIAN C.
p,p. BCBoy.1960. 0, SEBASTIAN, FL 32956
AS A NECESSARY INCIOENI 10111E FULFlLLMENT . c.,;
of COMMONS MA
NSURAN" COMM""Et" 15SIVE9 By It .... AM O'lpd
tolmANver "My, Clerk of p,LIJ CYA p
0. R. 0756 PG 0246
IIASSIGNMENT OF LEASE
For and in consideration of the sum of Ten ($10.00)
Dollars and other good and valuable considerations, the
undersigned GOLDSTAR AERO, INC., a Florida Corporation,
("Assignor"), hereby assigns, transfers, and sets over unto JOHN
VALENTINE, of Sanibel, Florida ("Assignee"), all if its rights,
title and interest in and to that lease dated the 19th day of
September, 1979, by and between the CITY OF SEBASTIAN, a Florida
Municipality, as Lessor and GOLDSTAR AERO, INC., a Florida
corporation, and those premises more particularly described on
Bill of Sale Absolute of even date hereof. Premises subject to
lease are located at 200 West Airport Drive, Sebastian, Florida.
Assignment subject to that certain Sub -lease entered into between
iAssignor and KINIRY INDUSTRIES, INC. dated December 1, 1984.
This Assignment is subject to receipt of approval from the City
of Sebastian regarding the terms hereof.
To have and to hold same unto the Assignee, his
.I Successors and Assigns, from and after the 14th day of May, 1985,
through the remainder of the term of the lease subject to the
covenants, conditions and limitations therein contained or agreed
to by Assignee and the City of Sebastian.
IN WITNESS WHEREOF, the undersigned has caused this
instrument to be executed by its duly authorized officer this
day of 1985.
II COL AR AER0, INC.
WITNES s
/ . 7
By: dward J. Goldberg/Pres.
ASSUMPTION OF LEASE r/
i JOHN VALENTINE, Assignee named in the Assignment of
Lease set forth above, hereby accepts the Assignment of Lease
IIreferred to therein and hereby assumes and agrees to perform the
terms and obligations of the lease on his part to be performed
O.R. 0756 PG 0249
from and after the 14th day of May, 1985, for the remainder of
the term of said lease. Assignee further acknowledges and
accepts the terms of that Sub -lease referenced above. Assignee
further acknowledges that it shall be the responsiblity of
Assignee to obtain the permission of the City of Sebastian with
regard to this assignment.
IN WITNESS WHEREOF,
instrument to be execut
1985.
WITNESpSfiS: p
I �L Q �/'vlj''c•7`��
;i
the undersigned has caused this
ad this G /
day of
q41 �4&�
Jo n Valentine '
u
0. R. 0756 PG 0250
LEASE
THIS LEASE, LEASE, made and entered into this /9 day of
1979, by and between the CITY OF SEBASTIAN,
a Florida municipality, party of the first part, hereinafter
called the LESSOR, and GOLDSTAR AERO, INC., a Florida corpora-
tion, whose officers are - Edward J. Goldberg, President;
Nancy S. Goldberg, Secretary, parties of the second part, herein-
after called the LESSEE;
W I T N E S S E T H: THAT in consideration of the
covenants and promises herein contained by the parties, the Lessor
does hereby lease to the Lessee the following described land,
located at Sebastian, Indian River County, Florida, to wit:
Beginning at the most Westerly corner of Sec. 29,
TWP 31S, R38B In the Fleming Grant according to Plats
made by S. B. Carter, filed and recorded In the offices
of the Clerks of the Circuit Court of Brevard, St. Lucie
and Indian River Counties, Florida, and described
as foIlowst
Begin at said Westerly corner of said Section 29 and
run S44021' 28"E, 818.81 ft. along the Southwest
boundry of Sec. 29. to the centerline of Roseland Rd.;
thence N40 48. 59"W, 514.65 ft.on said centerline; thence
N890 50' 46" E, 644.46 ft.; thence MOO 09114" E, to the
True Point of Beginningi thence N890 50 " 46"'E, 425 ft,
to a point which lies 75.00 ft. wait of the centerline
of an existing airport taxiway; thence MOO 09. 14" E, 307.00
ft.; thence S890 50' 46" W, 425.00 ft.i thence SOO 09'
14" E, 307.00 ft. to the Tree Point of Beginning;
Containing Three (3) acres.
Lesabr leases to the Lessee said land for a term of
twenty years, commencing /Y Z/.&and terminating
/,�99, with an option on the part of the Lessee.
for an additional twenty years, upon terms to be agreed upon at
that time between Lessor and Lessee, provided Lessee notifies
Lessor, in writing, at least one hundred eighty (180) days before
the termination of this lease of his intention to exercise said
option. At the end of term or breach by Lessee for any reason, all
improvements made by the Lessee are the property of the City.
RENT - The parties agree that the rent for the term
of this lease shall be as follows:
1. For the airport facilities described above, the
0. R. 0756 PG n?';1
yearly rental shall be on a graduating scale set out below:
Annually for the first 5 years - $ 900.00
6th thru loth year - 1,200.00
llth thru 15th year - 1,500.00
16th thru 20th year - 1,800.00
Plus sales tax if applicable
2. The above rental for the land shall be payable
quarterly, commencing from the date of this lease.
LESSEE AGREES to pay all utilities for the premises,
to maintain the .grounds, buildings and facilities on the leased
property in accordance with the requirements of the Airport
Advisory Board, the City of Sebastian and the FAA, to keep the
buildings and hereafter erected premises insured by fire, ex-
tended coverage in full insurable value including theft, wind-
storm and aircraft collision and to maintain liability insurance
of not less than $500,000/$1,000,000/$500,000 with a company,or
companies, to be approved by the Lessor. Lessee will furnish
copies of said policies showing the interest of Lessor in the
leased airport facilities, and paid -up annual premium receipts
to the Clerk of the City of Sebastian.
Nothing in this lease shall be construed to require
the Lessee to repair, replace or rebuild, as the case may be,'
buildings or other property damaged or destroyed by wind,,fire,
water, or other agencies or events beyond the control of the Lessee'
except as to the proceeds of the insurance policies permitting such
replacement or repair. In the event the Lessee does not elect to
repair, replace or rebuild, the proceeds of said insurance policies
shall be paid to Lessor and/or the mortgagees as their interest
may be and the lease shall be deemed null and void.
USES - LESSEE SHALL HAVE THE RIGHT to use the above -
described property for any lawful purpose associated with the use
of aircraft and/or an airport and shall have the right to construct
upon said property any buildings or other structures that may be
proper for such use, provided any such buildings or structures do
not in any way curtail the use of the airport facilities in their
-2-
0. R. 0759 PG 0252
usual operations and provided further that any such buildings
or structures are approved by the Airport Advisory Board, the
Sebastian City Council and the FAA. Lessee covenants and agrees
that all such construction shall be in accordance with the local
codes, regulations and requirements and pursuant to all require-
ments of the FAA.
The primary use of said leased premises shall be for
a business engaged in the sales and servicing of new and used air-
cYaft. The Lessee shall also have the non-exclusive right under
'this lease to provide for the sale of aviation gas and oil, flight
instructions, charter and rental flights of aircraft, the leasing
of hangar space and/or tie down service and to provide any and all
services and products not conflicting with airport operation in
compliance with all ordinances of the City of Sebastian and FAA
requirements.
IT IS, MUTUALLY AGREED that the Lessee shall not sell,
transfer, assign or encumber this lease to anyone without prior
City Council action, this being a personal lease between Lessor
.•and Lessee. there shall be no subordination; pledging, trans-
ferring, mortgaging, subletting of the lease or improvements with-
out prior City Council action and there shall be no transferring,
pledging, assigning of forty nine (49%)per cent of the stock in
the corporation.without prior City Council action..
All expenses incident to the operation would be at the
.Lessee's expense which includes any assessment for improvements,
including ad valorem assessment or taxes of leasehold interest,
personal property taxes, and any other assessment or taxes imposed
on such property or improvement during the term of the lease.
LANDING FEES —Landing fees are specifically prohibited
by this Agreement so long as no one else is permitted to charge
landing fees, ad the use of the airport is for the general public.
IN CASE OF BREACH of this lease, by the Lessee, or the
termination of the lease, or any extension hereunder, that may be
granted, the Lessee agrees to surrender possession of said
facilities, and all the buildings, edifices, etc., that are con-
structed by the said Lessee shall then become the property of the
Lessor.
-3- 0. R. 0756 PG 0253
IN THE EVENT the United States Government at any time
during the term of this lease takes over the operation or use of
said 'airfield and/or airport with the result that the Lessee is
unable to operate under the terms of the lease, then the lease
shall be extended for an additional period equal to the time the
Lessee has been deprived of the value of this lease.
IN THE EVENT of eminent domain proceeding or any other
proceeding which results in loss to the Lessee of a substantial
portion of the premises leased by the Lessee, the Lessor and the
:.Lessee agree that if this loss makes it impractical or unreason-
ably difficult for the Lessee to carry out the purposes for which
the premises were leased, then this lease may at the option of the
Lessee be cancelled and the Lessee is relieved of any obligation
to pay rent on the portion lost by the Lessee. In the event of a
dispute between the Lessor and the Lessee as to what constitutes
an impractical or unreasonably difficult condition for the Lessee
to carry out the purposes for which the premises were leased, the
dispute shall be submitted to a committee consisting of the Lessee,
a member of the Airport Advisory Board and a thiid arbiter selected
by the Lessee and the Airport Advisory Board.
LESSEE will be subject to all standard lease clauses
of the FAA and their rules and regulations now existing or to
exist in the future.
;i
LESSEE FURTHER COVENANTS AND AGREES that the Lessor
shall have the privilege at all reasonable times to re-enter the
said leased premises for the purpose of inspecting the property
and determining whether all terms, conditions and covenants and
Agreements herein are being complied with by the Lessee.
Business to be conducted at such hours to be determined
by the Airport Advisory Board which would not be an unreasonable
request.
LESSOR will provide an access road by means of a
survey and the prevailing base to the road.
LESSEE agrees to abate noise as reasonably as possible
and to permit no excessive noise considering the type of business
to be conducted on the leased premises.
-4- 0. R. 0756 PG 0254
IT IS MUTUALLY UNDERSTOOD AND AGREED that if the Lessee
shall become "solvent or bankrupt or if proceedings for receiver-
ship or bankruptcy shall be instituted against trim or if he shall
make an assignment for the benefit of creditors or in any manner
seeks, permita'or suffers his leasehold interest hereby created
to be transferred or encumbered by operation of law, or otherwise
jeopardized, except as specifically provided for in this lease,
then and in such event, or in any event of the same or similar
iegal or equitable consequences or effect, such event shall be
deemed to constitute a breach of this lease, at. the option of the
Lessor, so as to terminate all rights, privileges and interests
of the Lessee herein and hereunder.
IN CONSIDERATION of the foregoing;:Leasee agrees to
have constructed a hangar/office complex having approximately 8,000
square feet under roof. Construction to begin not more than ninety
".(90) days aftei,.lease is approved by the Lessor, Lessee and the
FAA and to be completed within one hundred eighty (180) days of
starting. Lessor agrees-, however, that Lessee shall have the right
.and option of cancelling this lease if Lessee is unable to obtain
Utilities, well, septic tank permit and other similar permits that
are essential to the operation of Lessee's business.
IN THE EVENT OF A DISPUTE between Lessor and Lessee
ds to the terms and conditions of this lease in a Court determination,
the prevailing pa
ty would be entitled to reasonable attorney's
fees and costs. -
THIS LEASE is subject to approval by the FAA:
a. That the Lessor reserves unto itself, 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 real property
'hereinafter described together with the right to cause in said
airspace such noise as may be inherent in the operation of air-
craft, now known or hereafter used, for navigation of or flight
in the said airspace, and for use of said airspace for landing
on, taking off from or operating on the airport.
b. That the Lessee expressly agrees for itself to
restrict the height of structures, objects of natural growth and
0. R. 0756 PG 0255
other obstructions on the hereinafter described real property to
such a height so as to comply with Federal Aviation Regulations,
Part 77.
C. That the Lessee expressly agrees for itself to .
prevent any use of the hereinafter described real property which
would interfere with or adversely affect the operation or mainten-
ance of the airport, or otherwise constitute an airport hazard.
Notwithstanding anything herein contained that may be or
appear to the contrary, it is expressly understood and agreed that
the rights granted under this agreement are non-exclusive and the
.Lessor herein reserves the right to grant similar privileges to
another operator or operators on other parts of the airport.
The Lessee in exercising any of the rights or privileges
herein granted to him shall not on the grounds of race, color, or
national origin discriminate or permit discrimination against any
person or group of persons in any manner prohibited by.Part 21 of
the Regulations of the Secretary of Transportation. The Lessor is
hereby granted the right to take such action,'anything to the
contrary herein notwithstanding, as the United States may direct
to enforce this non-discrimination covenant.
SALE OF PROPERTY - In the event the Lessor ever
maked the subject property available for sale, the Lessor agrees
to notify the Lessee within a reasonable time that the property
_J
is for sale and ,to allow the Lessee to negotiate for purchase of
the property.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals this day and year first above written
CITY OF SEBASTIAN, a Florida
- municipality
by
'.(S E A L) Pat Flood,OJr., Mayor
'AtttVST:
eorence L.�Cl�,n,C, y Clerk
Signed,sealed and delivered in
the presence of:
(As to city of S astian) 0. R. 0756 PG 0256
GOLD
by
E
Narky
AR AE ,,I .(LESSEE)
Um.
war J. Goldb g�,Pesident
S. o r , Secretary
.
Signed,'
sealed and delivered in
-
_
:the presence
of:
Inc.)
.
The, foregoing lease.is
hereby approved this
day of
1979.
FEDERAL AVIATION AGENCY
by
4
1 .
S
'
+10-1
MU1C.
1
-7-
0, R. 0756 PG
0257