HomeMy WebLinkAboutR-96-75RESOLUTION NO. R-96-75
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE
LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
BRIAN E. BARRY SUBSTITUTING AEROTRACE, INC. IN
PLACE OF BRIAN E. BARRY AS TENANT; AUTHORIZING THE
CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST,
ON BEHALF OF THE CITY, THE ADDENDUM TO THE LEASE
AGREEMENT ATTACHED HERETO AS EXHIBIT "A";
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed addendum to the Lease Agreement between the
city and Brian E. Barry ("Addendum") has determined that it is in
the best interest of the City to grant approval of the Addendum.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
APPROVAL OF ADDENDUM. The City of Sebastian hereby
approves the Addendum to the Lease between Brian E. Barry and the
City of Sebastian, dated September 27, 1995, and authorizes the
City Manager to sign and the City Clerk to attest the Addendum to
the Lease Agreement between the City of Sebastian and Brian E.
Barry, a copy of which is attached hereto as Exhibit "A" and
incorporated herein by this reference.
SECTION 2. ~Q~jJ~LT~' Ail 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in conflict herewith are hereby repealed.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 this
Resolution shall not thereby be affected or impaired unless it
clearly appears that such section or part of 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 DATEL This Resolution shall take effect
immediately upon its adoption.
The foregoing. Resolution was moved for adoption by
Councilmember /~~~, . The motion was seconded by
Councilmembe~/~~~ and, upon being put into a vote, the
vote was as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter W. Barnes
Councilmember Norma J.Damp
Councilmember Raymond W. Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Resolution duly passed and
adopted this ~t_ day of ~L~.~.6A~ , 1996
CITY OF SEBASTIAN
..-_--' ..... --~'] . ~....~ Louise R. Cartwright, M~yor
.~ ~.:' ATTE~.=., -. £.%.
i ~ ~. Kat~hi~,~--rll~.,~.-[6~/.~alloran, CMC/AAE
.... -. City Clerk_.? '
--' .-- i.
(SEAL)" .
Approved as to Form and Content:
Valerie F. Settles, City Attorney
ADDENDUM TO LEASE
This Addendum is made and entered into this 9th day of October
1996, by and between the City of Sebastian, a political subdivision
of the State of Florida ("Landlord"), 1225 Main Street, Sebastian,
Florida, 32958, and Brian E. Barry, 166 Abeto Terrace, Sebastian,
FL ("Tenant").
WHEREAS, Landlord and Tenant have entered into that
certain Lease dated September 27, 1995, ("Lease"); and
WHEREAS, Landlord and Tenant have agreed to modify and
amend the Lease as set forth herein below.
NOW THEREFORE, in consideration of the mutual covenants
contained herein, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Landlord
and Tenant agree as follows:
1. The foregoing recitals are true and correct and are hereby
incorporated herein by reference.
2. All capitalized terms used herein shall have the same
meaning ascribed to them in the Lease.
3. In the event of a conflict between the terms of this
Agreement and the terms of the Lease, the terms of this Agreement
shall control.
4. Tenant has formed Aerotrace, Inc., a corporation, under
the laws of the State of Florida, for the purpose of doing business
at the premises covered by the Lease. The shareholders and
percentage of shareholders of Aerotrace, Inc., are as follows:
Brian E. Barry 10%
John E. Barry 30%
Stephen J. Barry 30%
Anna Marie Barry 30%
The parties agree that Aerotrace, Inc. will be substituted for
Brian E. Barry as the tenant under the Lease.
5. Tenant and Landlord agree that an easement for drainage
purposes shall be reserved for the City as a public drainage
easement on the southerly 10 feet of the easterly 195 feet of that
property described in SCHEDULE "A" which is a part of that Lease
between Tenant and Landlord dated, September 27, 1995.
6. Except as modified hereby, all other terms and conditions
of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed this
Agreement as of the day and year first above written.
Aerotrace,.Inc.
By: ~'~
President
City of Sebastian
City Manager
ATTEST: :--.
· ~ -Kathx~n 94:: C~Balloran, CMC/AAE
Approve'd.,'a~' to Form and Content:
Valerie F. Settles, city Attorney