HomeMy WebLinkAboutR-96-03RESOLUTION NO. R-96-03
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE ASSIGNMENT OF A
LEASE BETWEEN THE CITY OF SEBASTIAN AND FLY FLORIDA
CORPORATION, SUBSEQUENTLY ASSIGNED TO SEBASTIAN
AERO SERVICES, INC., TO B & S INVESTMENTS, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, after reviewing the proposed
Lease Assignment submitted by B & S INVESTMENTS, has determined that it is in the best
interest of the City to grant the Lease Assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
iSFAT, II_Q151~. AGREEMENT. The City of Sebastian approves the Assignment of
the Lease between the City of Sebastian and Fly Florida, Inc, dated June 18, 1980, which
Lease was assigned to Sebastian Aero Services, Inc. on July 5, 1990, from Sebastian Aero
Services, Inc. to B & S Investments, a Florida general partnership.
~.,17_TI!~I~. f.,_O_~IF_IJ.C~. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
~ SEVERABILITY. If any section or part of a section of this
Resolution is declared invalid or unconstitutional, the validity, force and effect of any other
section or part of a section of this Resolution shall not thereby be affected or impaired unless
it clearly appears that such other section or part of a section of this Resolution is wholly or
necessarily dependent upon the section or part of a section so held to be invalid or
unconstitutional.
~ EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
./~ ~The foregoing
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Louise Cartwfight
Councilmember Norma Damp
Councilmember Raymond Halloran
The Mayor thereupon declared this Resolution duly passed and adopted this
day o~~/~c~' ,1996.
/
CITY_OF SEBASTIAN
Arthur L. Firtion, Mayor
ATTEST:
kathryn 1~. ~Hall~an, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr., City Attorney
2
ASSIGNMENT OF LEASE
KNOW THAT for the sum of One and 00/100 Dollar ($1.00) and other
valuable consideration:
Assignor, SEBASTiAN AERO SERVICE, INC. ,hereby assigns to Assignee,
B & S INVESTMENTS d/b/a B & S OF SEBASTIAN INVESTMENT, that certain lease
between CITY OF SEBASTIAN, Lessor and FLY FLORIDA INC., Lessee, dated JUNE
18, 1980 which was assigned from FLY FLORIDA, INC., to SEBASTIAN AERO
SERVICES, INC., on July 5, 1990, a copy of which is hereto annexed, as a part
thereof, together with the premises therein described and the buildings
thereon, with appurtenances. The assignment shall be from the 6th day of
October, 1994, and for the remainder of the lease term, subject to the rents,
covenants, conditions, and provisions contained in the lease.
iN WITNESS WHEREOF, this Assignment has been duly executed by the
Assignor this ~day of December, 1995.
WIT~SSES: ASSIGNOR: SEBASTIAN AERO
SERVICE,
INC.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this r~ day of
~ , 1995, by ~.3Q.~l~ ~[/~ ...... as
/
(title) of SEBASTIAN AERO SERVICES, INC., who is personally known to me or
who produced D~(.~/~iC- as identification.
WITNESS my hand and official seal thi~ ~0~C~ day of ,/
Notar~Public ~ ~
1% The, ~ssignee of that certain lease dated this d~'~ day of
. ~f/BO~ .., 1995, a copy of which is hereto annexed as a part hereof,
together with the premises therein described and the buildings thereon, with
appurtenances, hereby accepts such assignment and hereby assumes all of the
obligations of the tenant named in such lease.
County of indian River
ASSIGNEE:
B & S INVESTMENTS d/b/a
B & S OF SEBASTIAN
STEV~' C. JOHNSON
General Partner
.....
General Partner
he f0~_going instrument was acknowledged before me this 6~ day of
~.~i~3~ , 1995, by STEVEN C. JOHNSON, as general partner of B & S
INVESTMENTS d/b/~ B & Sj,.OF SEBASTIAN INVESTMENTS, who is personally known to
me or who produced ~Q~~JZ/~~,J,~ / as identification.
~6~ry J .......
State of Florida
County of Indian River
J he foregoing instrument was acknowledged before me this ~ day of
~~_~. , 1995, by ROBERT A. VAN WYCK, as general partner of B &
S INVESTMENTS d/b/a B & S QF SEBASTIAN INVESTMENTS, who is personally known
to me or who produced ,~-~/D/t~ ~zJj~o~ ~ as identification.
Notary '
SEAL i
I
CONSENT
The City of Sebastian, Indian River County, Florida, hereby consents to
the assignment of this lease. The City by its consent to this assignment
expressly does not release SEBASTIAN AERO SERVICES, iNC. (Assignor) of any
duty, obligation, rent or liability under the provisions of the lease, does
not waive any of Assignor's obligations to the City for any rents, duties,
covenants, conditions or obligations under the provisions of the Lease.
TITLE: Mayor