HomeMy WebLinkAboutR-96-15RESOLUTION NO. R-96-15
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LEASE AGREEMENT
WITH SEBASTIAN RIVER AREA LITTLE LEAGUE, INC.;
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE
PROPOSED SECOND AMENDMENT TO LEASE AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A";
PROVIDING FOR A CHANGE IN THE LEASE TERM; 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, Florida and the Sebastian River Area Little
League, Inc. First amended the lease agreement to add two fields to the leased premises by
the adoption of Resolution No. R-93-74 on December 13, 1993; and
WHEREAS, the Sebastian River Area Little League, Inc., desires to change the
annual lease term from February 1 through July 31 to December 1 through July 31; and
WHEREAS, the City Council, at its November 15, 1995 Regular Meeting
concurred with the proposed amendment to the Lease Agreement provided to it by the City
Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
~ SECOND AMENDMENT TO LEASE AGREEMENT. The City
Council of the City of Sebastian, Indian River County, Florida, hereby agrees to enter into
the Second Amendment to the Lease Agreement with Sebastian River Area Little League,
Inc., a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein
by this reference.
~ 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 Second Amendment to the Lease Agreement with the Sebastian River Area Little
League, Inc.
~ CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
~ 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
2
causing said remainder to remain in full force and effect.
SeCond. EFFECTIVE DATE. This Resolution shall take effect immediately
upon final passage.
The foregoing was
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Councilmember Louise Cartwright
Councilmember Norma Damp
Councilmember Ray Halloran
Resolution moved for adoption by Councilmember
. motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
The Mayor thereupon declared this Resolution duly passed and adopted this/~day
of~7.~., ~)X/Z~4 _ , 1996.
ST:
Ka~: O'Halloran, CMC/AAE
City Clerk
By: //~ ~ ~ ~Z77~
Arthur L. Firtion, Mayor
(Seal)
Approved as ~i) Form and Content:
Clifton A; McCielland, Jr., City Attorney
SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to Lease Agreement is made and entered into this
/,('.~ ~ day of
¢ !/.~; ~ z..t,1996, between the CITY OF SEBASTIAN,
FLORIDA, a Florida municipal corporation, whose principal office is located at 1225 Mare
Street, Sebastian, Indian River County, Florida 32958, party of the first part (hereinafter
refeffed 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").
WITNESSETH:
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:
"Paragraphs 5(a), 6(a) of the Lease Agreement are hereby amended to change the
annual lease term from "February 1 through July 31" to "December 1 through July 31".
Paragraph 1 l(b) of the L6ase Agreement is hereby amended to change the Lessor's use of
the leased premises fi.om "August 1 through January 3 I" to "August I through November
30". 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 Second Amendment to Lease
Agreement have set their hands and seals hereto, on the day and year fu'st above written.
ATTO. ST:
Kafl~ M(. O'Halloran; ~]~IC/AAE
City Clerk
(S E A L)
"LANDLORD"
CITY OF SEBASTIAN
Arthur L. Firtion, Mayor
"TENANT"
SEBASTIAN RIVER AREA LITTLE
LEAGUE, INC.
By:
Witnesses:
Approved as to Form and Content:
q.t4z- t.
Clifton A. McClelland, Jr.
City Attorney