HomeMy WebLinkAboutLease Extension for Connection Air, LLCEXTENSION AND AMENDMENT OF LEASE
BETWEEN CITY OF SEBASTIAN AND
CONNECTION AIR, LLC
THIS AMENDMENT AND EXTENSION OF LEASE is made this 9t" day of June 2025, by and
between, the City of Sebastian, Florida, a municipal corporation of the State of Florida;
(hereinafter referred to as City) and Connection Air, LLC, a Florida Corporation; (hereinafter
referred to as Connection Air) and each represents as follows:
WITNESSETH
WHEREAS, the City and Connection Air previously executed an indenture of Lease dated
January 10, 2024, hereinafter referred to as "Original Lease", wherein the City leased unto
Connection Air certain real property located at Sebastian Municipal Airport, such real property
hereinafter referred to as the "Leased Premises."; and
WHEREAS, Connection Air 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 January 10, 2024,
is hereby extended to expire on June 9, 2026. The Tenant shall have the option to
extend the lease for an additional one year with prior written approval 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, 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
$250.00 per month, 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. 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, Connection Air 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.
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:
BRANDON GREGOIRE
CONNECTION AIR LLC
202 AIRPORT DRIVE EAST
SEBASTIAN, FL 32958
6. Other Provisions: All other provisions of the original lease agreement dated January
10, 2024 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 Connection Air, LLC. 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 June 9, 2025.
IN WITNESS WHEREOF, the parties have executed this agreement at Sebastian, Florida on
this Qth day of June, 2025.
ATTEST:
i Clerk: Jeanette Williams
Approved as to form and legality:
dC:Attorney
CITY OF SEBASTIAN, FLORIDA
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By; Pnh McPaT+1an
Mayor, City of Sebastian
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ATTEST:
Witness: �3�.:RnvAt�x.\c�nq
-v
State of: F/ U r i d ct
County of: Znd,o.APtver
LESSEE
Connection Air, LLC.
By: 6r-m-do, (rrt'L)m//e
As: CEo
Witness:
The foregoing instrument was acknowledged before me on this JC' day of
/ 2025, by as
the Ct ci of Connection Air, LLC either in person k/ or via
electronic means_. He/She is personally known to me, or has produced
his/her drivers license, or his/her F ✓ i v o- L-, c c i ,, c as identification,
and did v or did not `take an oath.
NOTARY SEAL:
oky PUg(i6 s
MY coMMISSION
EXPIRES 2-28.2027
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