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HomeMy WebLinkAbout2025-9th Lease AmendmentNINTH AMENDMENT TO WHELEN AEROSPACE TECHNOLOGIES AIRPORT TERMINAL LEASE OF APRIL 2, 2008 THIS NINTH AMENDMENT TO AIRPORT LEASE AGREEMENT of April 2, 2008 (hereinafter "Lease") by and between the CITY OF SEBASTIAN a municipal corporation of the State of Florida located at 1225 Main Street, Sebastian FL 32958 (hereinafter "Landlord") and WHELEN AEROSPACE TECHNOLOGIES, located at 402 Airport Drive East, a corporation of the State of Florida doing business at Sebastian Municipal Airport (hereinafter "Tenant"), is hereby amended as follows: WITNESSETH WHEREAS, Landlord is the owner of certain real property located in Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the Landlord agreed to lease such property under the terms of the Lease to Tenant; and WHEREAS, the Landlord wishes to modify sections of the Lease as outlined herein; and WHEREAS, the Landlord and Tenant are mutually agreeable to said modifications. NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the Parties have agreed as follows: A. AMENDMENT ONE: Section 2 of the Lease is hereby amended to read as follows: 2. LEASED PREMISES The Leased Premises shall not include the following offices as identified in Amendment #5 of the Master Lease, Schedule "C", and are hereby excluded: • A single office on the east side of the lobby (shown as "Central Mail Room; Copy/Fax on the blueprints) of approximately 166 SF • A 15'x 22' open area located in the Emergency Management Conference room (with a reference #510 shown on the blueprints) of 330 SF B. AMENDMENT TWO: Section 4 of Amendment #5 of the Lease is hereby amended to read as follows: Page 1 of 3 4. RENT The existing rent for Schedule "C" of $1,372.92 will be reduced by the removal of 496 SF of space, at the current rate of $12.20 SF/year, for a total monthly reduction of $504.27 from the Schedule "C" portion of the invoiced rent. The corresponding cost share of utilities will also be reduced from 56% to 49% C. BINDING TERMS: Except as hereby amended, the Original Lease and all prior amendments of equal dignity herewith shall remain in full effect and binding on the CITY and WHELEN. All other provisions, terms, conditions, covenants and restrictions of the original lease, dated April 2, 2008, and its eight amendments, not in conflict with this amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seal on the dates below. SE�BASJC��1[A� -t A CITY F Bob lat n Mayor Date: 6 /25 /2n25 ATTEST: ,l anette Williams, City Approved as to form & legality: LLJ+ en fer Cocroft, Esq., BCS* ity Attorney *Board Certified Specialist, City Council Local Government Law Page 2 of 3 WHELEN AEROSPACE TECHNOLOGIES Tyl Wheeler, CEO Date: r,,, -- �' - Z STATE OF, &f\(>c--v,4 COUNTY OF MTIat'-, SWORN AND SUBSCRIBED before me in person or via electronic means ;this h day of gf\e_ , 2025 by: TYLER WHEELS AS THE CEO OF WHELEN AEROSPACE TECHNOLOGIES who produced as identification or is personally known to me and who did ,/or did no take an oath. NOTARY PU . IC, STATE OF 4-UMDA e0n/v ; v� My Commission expires on: ANDREA J. DEJESUS NO ARY PETWC My Commission Expires Apr. 30, 2028 Page 3 of 3