HomeMy WebLinkAboutR-93-74RESOLUTION NO. R-93-74
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AMENDING THE LEASE AGREEMENT
WITH SEBASTIAN RIVER AREA LITTLE LEAGUE, INC.~
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE
PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT ATTACHED TO
THIS RESOLUTION AS EXHIBIT WWA~W~ PROVIDING FOR ADDITION
OF TWO FIELDS TO THE LEASED PREMISES~ PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY~ AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the city of Sebastian, Florida and the Sebastian
River Area Little League, Inc. entered into a lease agreement for
real property located at the Barber Street Sports Complex by the
adoption of Resolution No. R-90-42 on October 24, 1990; and
WHEREAS, the City of Sebastian has completed construction of
fields three and four at the Barber Street Sports Complex; and
WHEREAS, the Sebastian River Area Little League, Inc.,
desires to add fields three and four to its existing lease
agreement;
WHEREAS, the City Council, at its November 17, 1993 Regular
Meeting concurred with the proposed amendment to the Lease
Agreement provided to it by city staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. FIRST AMENDMENT TO LEASE AGREEMENT. The city
Council of the City of Sebastian, Indian River County, Florida,'
hereby agrees to enter into the First Amendment to the Lease
Agreement with Sebastian River Area Little League Lease, a copy
of which is attached to this Resolution as Exhibit "A" and
incorporated herein by this reference.
Section 2. EXECUTION. The Mayor and the City Clerk of
the City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the First Amendment to
the Lease Agreement with the Sebastian River Area Little League,
Inc.
Section 3. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the city Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 5. EFFECTIVE DATE. This Resolution shall
take effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilmember ~ The motion was
seconded by Councilmember ~~.~_~ and, upon
being put to a vote, the vote was as follows:
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Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this /~J~ day of ~ , 1993.
ATTEST:
Kathry~ M. 'O'Ha~loran, CMC/AAE
City clerk
(Seal)
/
Approved as/o Form and Content:
Charles Ian Nash, City Attorney
CITY/O~ SEBASTIAN, FLQ3~IDA
~Lohnie R. ~o~well~, Mayo~r
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FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement is made and
entered into this /~-~ day of ~ , 1993,
between the CITY OF SEBASTIAN, FLORIDA, a Florida municipal
corporation, whose principal office is located at 1225 Main
Street, Sebastian, Indian River County, Florida 32958, party of
the first part (hereinafter referred to as the "Landlord") and
Sebastian River Area Little League, Inc., a Florida Not-For-
Profit corporation, party of the second part (hereinafter
referred to as the "Tenant").
W I T N E S S E T H:
WHEREAS, the Landlord and Tenant have agreed to amend the
certain Lease Agreement entered into on the 24th day of October,
1990, and adopted by Resolution No. R-90-42, said Lease Agreement
being between the City of Sebastian, Florida and Sebastian River
Area Little League, Inc., for real property located at Barber
Street Sports Complex, as follows:
"Paragraph 1 of the Lease Agreement is hereby amended to
add fields #3 and #4 to the "Leased Premises". In all other
respects, the provisions of the original Lease Agreement shall
remain in full force and effect."
IN WITNESS WHEREOF, the parties this this First Amendment to
Lease Agreement have set their hands and seals hereto, on the day
and year first above written.
'~onnie Ri P'6~e/~L, Mayo~
ATTEST:
Rat~rYn ~/ O'Halloran, CMC/~E
City Clez~tt
By:
(SEAL)
witnesses:
and Content:
city Attorney
"TENANT"
SEBASTIAN RIVER AREA LITTLE
LEAGUE, INC.
~~ ~
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