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HomeMy WebLinkAboutR-00-11 RESOLUTION NO. R-OO-ll A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF GOLF COURSE LAND TO CITY FOR PUBLIC WORKS USAGE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, City of Sebastian Municipal Golf Course is the lessee of certain City land at the Municipal Airport pursuant to a lease dated December 12, 1981; and WHEREAS, City of Sebastian Municipal Golf Course wishes to sublet a portion of said land to another division of the City.; and WHEREAS, said land will be used by the Public works Department as a site for storing, sorting and stockpiling fill dirt, concrete rubble and other construction related materials; and WHEREAS, such subleasing of airport land requires and has obtained the written approval of the F ederal Aviation Authority; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. APPRO V AL. The City Council hereby gives its written approval to the Sublease Agreement between City of Sebastian Municipal Golf Course and the City of Sebastian, attached hereto as Exhibit "I". .. . .' Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. ~ A motion to adopt the foregoing Resolution was made by Councilmember ~~ . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward 1. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of February, 2000. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: ,,~' SUBLEASE AGREEMENT THIS LEASE, made and entered into thisatq,~" day of February, 2000, by and between the CITY OF SEBASTIAN MUNICIPAL GOLF COURSE, a special enterprise existing under the laws of the City of Sebastian, Florida, (hereinafter referred to as the "Landlord"), and CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as the "Subtenant"). The Landlord and the Subtenant are sometimes collectively referred to herein as the "parties". WITNESSETH: WHEREAS, the Landlord operates under a lease of land from the Sebastian Municipal Airport dated December 12, 1981, and WHEREAS, the certain property is being used for the operation of the City of Sebastian Municipal Golf Course (hereinafter referred to as the "Golf Course"); and WHEREAS, a portion of the land so leased, located along the boundary lying east of the entrance road, is not being actively utilized for golf course purposes; and WHEREAS, the Landlord by duly adopted Resolution of the City Council of the City of Sebastian, Florida has agreed to lease such property to the Subtenant subject to certain terms and conditions contained in the underlying lease for such property; and WHEREAS, the Federal Aviation Authority has granted approval to the subletting of said land for the purposes set forth herein, a true and correct copy of said approval being attached hereto as Exhibit "A"; and WHEREAS, the Subtenant desires to 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; and 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: I. RECITALS. The above stated recitals are hereby incorporated by reference in this Sublease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Subtenant and the Subtenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly on Exhibit "B" annexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises"). In the event that any portion of the Leased Premises is needed for actual improvements to the Golf Course or Airport, any portion thereof rendered unusable to Subtenant shall be released from this Sublease and the rental payments adjusted accordingly. 3. TERM OF LEASE. The term of this Sublease shall be for a continual period of time coexistent with any lease agreement for the subject property between the Sebastian Municipal Airport and Landlord. 4. RENT. The parties agree that the rent during the term of this Sublease, payable by the Subtenant on a monthly basis on the first day of each month, shall be based upon a pro rata share equivalent to 1.65% of the monthly rental payment made by the Landlord to the Sebastian Municipal Airport pursuant to the underlying lease. 5. USE OF LEASED PREMISES. The Subtenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. The Subtenant agrees that the leased premises shall be used by the Subtenant primarily for the purposes of stockpiling, storing and sorting construction equipment, materials and nontoxic by-products of the construction process. No other use may be conducted by the Subtenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. 6. UTILITIES. The Subtenant 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. 7. INSURANCE. In the event that the Subtenant'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, Subtenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 8. INDEMNIFICATION. The Subtenant 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 Subtanant's occupancy or use of the leased premises and the use of the leased premises by Subtenant'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 Sublease. 9. ENVIRONMENTAL MATTERS. The Subtenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and ail 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 being located on the property and being caused by the Subtenant or its sub-Subtenants. The presence of said substance or materials on the leased premises shall raise the presumption that Subtenant is the cause of such presence. This Paragraph shall survive the termination or cancellation of the Sublease. 10. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Sublease, the Subtenant is precluded or prevented from using the leased premises for those primary purposes identified in this Sublease, 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 Landlord may allow the Subtenant to terminate this Sublease. The right to terminate this Sublease must be granted by the Landlord, in writing, before the Subtenant shall be released from its obligations under the terms of this Sublease. 11. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Sublease takes over the operation or use of the airfield and/or Airport which results in the Subtenant being unable to operate under the terms of the Sublease, then the Sublease may be extended upon mutual agreement of the Subtenant and the Landlord for an additional period equal to the time the Subtenant has been deprived of the value of this Sublease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Sublease. 12. EIVIINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Subtenant to continue the operation of its business on the leased premises, the Sublease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Subtenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 13. ENTIRE AGREEMENT. This Sublease 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. 14. BINDING EFFECT. The terms and provisions of this Sublease 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. 15. APPLICABLE LAW/VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Sublease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. 16. APPROVAL BY RESOLUTION. The City Council shall grant its approval of this agreement on behalf of the Landlord by way of Resolution duly adopted. 1N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: K~t~h~y~ IV~/O'~Iallo~an, CMC/AAE City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Affffmey 3ITY OF SEBASTIAN y: /.a.,6 ../.4~/ ~ L~'r~ce R. I~a:~r~, ~ity Manager U.S. Department of Transportation Federal Aviation Administration ORLANDO AIRPORTS DISTRICT OFFICE 5950 Hazeltine National Dr., Suite 400 OHando, Flodda 32822-5024 Phone: (407) 812-6331 Fax: (407) 812-6978 January 3 I, 2000 Mr. Ten3, Hill Airport Manager Sebastian Municipal Airport 1225 Main Street Sebastian, Florida 32958 Dear Mr. Hill: ..... Sebastian Municipal Airport Airspace Case 00-ASO~301 O-NRA Concrete & Pipe Storage Facility The proposed change to your currently approved Airport Layout Plan (ALP) submitted by your Ianuary 19. 2000 letter has been reviewed under the authority of Federal Aviation Regulations (FARs), Parts 77 and 152. This review has considered the safety and utility of airoral'~ operations and planned navigational aids as related to this proposal. The proposed change to the ALP is approved provided the facilities are constructed in the location and to the heights listed in your letter. The Federal Aviation Administration generally does not consider this type of storage facil/ty to be hazardous to wildlife attraclants if is maintained in an orderly manner; admit no putreseible-waste of any kind; and are not co-located with other disposal operations. We agree with you that weekly inspections should be performed to prevent the nesting of birds and rodents on this site. This approval shall remain in effect until such subsequent date as agreed to by the Orlando Airports District Office. This approval shall remain in effect until the next regular update of the ALP, or the next request for Federal Aviation Administration approval of the ALP, whichever comes fir~. At that time, the facilities should be shown on the ALP either as "constructed" or "planned", whichever is appropriate. This approval does not include approval of any lease, does not release any surplus or grant agreement- acquired airport propen'?', nor does it relieve the airport owner or the proponent of compliance with FAR, Part I55, or any other law, ordinance, or regulation of any federal, state, or local govennnent body. Sincerely, Vernon P. Rupinta Program Manager / / 0 °0~ ~.~ o<, "-../ x 0 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 D FAX (561) 589-5570 I HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF RESOLUTION NO. R-00-11, AS ADOPTED BY THE SEBASTIAN CITY COUNCIL AT ITS FEBRUARY 23, 2000 REGULAR MEETING AND AS SET OUT BY TITLE BELOW: RESOLUTION NO. R~0-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. GRANTING APPROVAL TO SUBLEASE OF GOLF COURSE LAND TO CITY FOR PUBLIC WORKS USAGE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. I HEREBY AFFIX MY SIGNATURE THIS 25TH DAY OF FEBRUARY, 2000. K'a{hrYn M. O'Halloran, MMC City Clerk WHITE HOUSE '~,n Equal Opportunily Employer" MILLENNIUMCOIJNCIL Celebrating Our 75th Anniverso~/ HoreJ ~e J~st- Im~lgille Ihe Futule