HomeMy WebLinkAboutR-99-55
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RESOLUTION NO. R-99-55
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE
OF AIRPORT LAND FROM GOLDEN HORN AVIATION, INe.,
TO A AND B LEASING ENT., INe.; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Golden Horn Aviation, Inc., is the lessee of certain City land at the
Municipal Airport pursuant to a lease dated November 14, 1996; and
WHEREAS, Golden Horn Aviation, Inc., wishes to sublet a portion of said land
to another airport tenant A & B Leasing Ent., Inc.; and
WHEREAS , any such subleasing of airport land requires the written approval of
the City of Sebastian; and
WHEREAS, the City Attorney and City Manager have reviewed the proposed
sublease between the above-named parties and find nothing therein that is detrimental to
the interests of the City;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1.
APPROVAL.
The City Council hereby gives its written
approval to the Business Sublease between Golden Horn Aviation, Inc., and A & B
Leasing Ent., Inc., attached hereto as Exhibit "A".
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Section 2.
CONFLICTS.
All resolutions or parts of resolutions in
conflict herewith are hereby repealed.
Section 3.
EFFECTIVE DATE.
immediately upon its adoption.
This resolution shall take effect
A motion to adopt the foregoing Resolution was made by Councilmember
~'1l.e J
. The motion was seconded hy Couocilmember 1jJ'LLku;e~t)
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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.
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The Mayor thereupon declared this Resolution duly passed and adopted this 17th
day of November, 1999.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
~)/I (Nh~
Kathryn . 6'Halloran, CMC/ AAE
City Clerk
Approved as to form and legality for
"71~ ,Of seb.st: oilly
Rich Stringer, City ~eY
EXHIBIT "A"
to Resolution R-99-55
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BUSINESS SUB-LEASE
THIS AGREEMENT, entered into this ~
day of '1f'1 lVV\1 /1 ~ A.
, 1999
between GOLDEN HORN AVIATION, INC., a Florida Corporation, hereinafter called the
Sub-l essor, party of the first part, and BONITA SWING, and A & B LEASING ENT. INC., a
Florida Corporation, hereinafter called the Sub-lessee or Tenant, party of the second
part:
WITNESSETH, that the said Sub-lessor does this day lease unto said Sub-
lessee, and said Sub-lessee does hereby hire and take as tenant under said Sub-lessor
the following:
Approximately 5,000 square feet of hangar space and approximately
500 square feet of office space, of that parcel of property
described in Attachment "A", located at the Sebastian Airport.
situate in Sebastian, Florida, to be used and occupied by the Sub-lessee as a
hangar/work space and office and for no other purposes or uses whatsoever, for the term
of twenty four (24) months, beginning the I-ad: day of Y1?.1W",",JIA )
, 1999, and
ending the 8/ "'* day of {(lr'h)}lV .l) , 2001, at and for the agreed total rental of
Forty three Thousand, Two Hundred Dollars, payable as follows:
$1,800.00 per month, plus sales tax if applicable. The first months payment due
wi th the signing of this sub-l ease. All payments to be made to the sub-l essor on
the I <J;::k day of each and every month in advance without demand at
p() ~ ,.tq,.,,, f}fl/lidLVX..~ \. 4k~ -=rESF( , or at such other place and to such other
person, as the Sub-lessor may fran time to time designate in writing.
The following express stipulations and conditions are made a part of this
I ease and are hereby assented to by the Sub-l essee:
FIRST: SUBLErI'ING - ASSIGNING '!he Slb-Iessee shall not assign this lease
, nor sub-l et the premises, or any part thereof nor use the same, or any part thereof,
nor perIni t the same, or any part thereof, to be used for any other purpose than as
above stipulated, nor make any alterations therein, and all additions thereto, without
the written consent of the Sub-lessor, and all additions, fixtures or improvements
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which may be made by Sub-lessee, except movable office furniture, shall became the
property of the Sub-lessor and remain upon the premises as a part thereof, and be
surrendered with the premises at the termination of this lease.
SECOND: PERSONALTY - SUB-LESSEE'S RISK All personal property placed or
moved in the premises above described shall be at the risk of the or owner thereof, and
Sub-l essor shall not be liabl e for any damage to said personal property, or to the Sub-
lessee arising fran the bursting or leaking of water pipes, or fran any act of
negligence of any co-tenant or occupants of the building or of any other person
whansoever.
THIRD: SUB-LESSEE COMPLY WITH LAWS That the tenant shall prc.rrq;>tly
execute and cCl1l'ly with all statutes, ordinances, rules, orders, regulations and
requirements of the Federal, State and City Government and of any and all their
Departments and Bureaus applicable to said premises, for the correction, prevention,
and abatement of nuisances or other grievances, in, upon, or connected with said
premises during said term; and shall also pr~tly c~ly with and execute all rules,
orders and regulations of the Southeastern Underwriters Association for the prevention
of fires, at his own cost and expense.
FOURTH: DAMAGE TO PREMISES In the event the premises shall be destroyed
or so darraged or injured by fire or other casualty during the life of this agreement,
whereby the same shall be rendered untenantabl e, then the Sub-l essor shall have the
right to render said premises tenantable by repairs within ninety (90) days therefran.
If said premises are not rendered tenantable within said time, it shall be optional
with either party hereto to cancel this lease, and in the event of such cancellation
the rent shall be paid only to the date of such fire or casualty. The cancellation
herein mentioned shall be evidenced in writing. In the event of darrage by fire or
other casualty, the rent payable under this lease shall abate, in proportion to the
impairment of the use that can reasonably be made of the property for the purpose
permitted by this lease, until the property is rebuilt and repaired (or until the lease
is terminated, if terminated in accordance with this paragraph).
FIFTH: SUB-LESSEE VACATES If the Sub-lessee shall abandon or vacate said
premises before the end of the term of this lease, or shall suffer the rent to be in
arrears, the Sub-lessor may, at his option, forthwith cancel this lease or he may enter
said premises as the agent of the Sub-lessee, by force or otherwise, without being
I iabl e in any way therefor, and reI et the premises with or without any furniture that
may be therein, as the agent of the Sub-lessee, at such price and upon such terms and
for such duration of time as the Sub-lessor nay determine, and receive the rent
therefor, applying the same to the payment of the rent due by these presents, and if
the full rental herein provided shall not be realized by Sub-l essor over and above the
expenses to Sub-l essor in such re-l etting , the said Sub-l essee shall pay any
deficiency, and if more than the full rental is realized Sub-lessor will pay over to
said lessee the excess of demand.
SIXTH: COLLECTION COSTS Sub-lessee agrees to pay the cost of collection
and reasonable attorney's fee on any part of said rental that may be collected by suit
or by attorney, after the same is past due.
SEVENTH: UTILITIES The Sub-lessee agrees that he and the Sub-lessor
will divide all charges for electricity or other illumination, and for all water used
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on said premises, and share the cost based on usage.
EIGHTH: SUB-LESSEE PLEDGES PERSONALTY The said Sub-lessee hereby
pledges and assigns to the Sub-lessor all the furniture, fixtures, goods and chattels
of said Sub-l essee, which shall or may be brought or put on said premises as security
for the payment of the rent herein reserved, and the Sub-lessee agrees that the said
lien may be enforced by distress, foreclosure or otherwise at the election of the said
Sub-l essor, and does hereby agree to pay attorney's fees of ten percent wi th all costs
and charges therefore incurred or paid by the Sub-lessor.
NINTH: SUB-LESSOR MAY ENTER PREMISES '!he Sub-l essor, or any of his a;1ents,
shall have the right to enter said premises during all reasonabl e hours, to examine the
same to make such repairs, additions or al terations as may be deemed necessary for the
safety, comfort, or preservation thereof, or of said building, or to exhibit said
premises. The right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations, or additions, which do not confonn to this
agreement, or to the rules and regulations of the building.
TENTH: ACCEPTANCE OF PREMISES Sub-Iessee hereby accepts the premises in
the condition they are in at the begiIll1ing of this lease and agrees to maintain said
premises in the same condition, order and repair as they are at the conmencement of
said term, excepting only reasonable wear and tear arising from the use thereof under
this agreement and to make good to said Sub-lessor imnediately upon demand, any darrage
to water apparatus, or electric lights or any fixture, appliances or appurtenances of
said premise, or of any building, caused by any act or neglect of Sub-lessee, or of any
person or persons in the employ or under the control of the Sub-lessee.
ELEVENTH: INJURY BY WATER It is expressly agreed and understood by and
between the parties to this agreement, that the landlord shall not be liable for any
darrage or injury by water, which may be sustained by the said tenant or other person
or for any other darrage or injury resulting fran the carelessness, negligence, or
improper conduct on the part of any other tenant or agents, or e:rrployees, or by reason
of the breakage, leakage, or obstruction of the water, sewer or soil pipes, or other
leakage in or about the said building.
'lWELFTH: BANKRUPl'CY If the Sub-lessee shall beccme insolvent or if
bankruptcy proceedings shall be begtm by or against the Sub-lessee, before the end of
said term the Sub-lessor is hereby irrevocably authorized at its option, to forthwith
cancel this I ease, as for a defaul t . sub-l essor may el ect to accept rent fran such
receiver, trustee, or other judicial officer during the tenn of their occupancy in
their fiduciary capacity without effecting Sub-Iessor's rights as contained in this
contract, but no receiver, trustee or other judicial officer shall ever have any right,
title or interest in or to the above described property by virtue of this contract.
THIRTEENTH: SUCCESSOR'S BOUND This contract shall bind the Sub-l essor
and its assigns or successors, and the heirs, assigns, administrations, legal
representatives, executors or successors as the case may be, of the Sub-lessee.
FOURTEENTH: TIME OF THE ESSENCE It is understood and agreed between the
parties hereto that time is of the essence of this contract and this applies to all
terms and conditions contained herein.
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FIFTEENTH: NOTICE It is understood and agreed between the parties hereto
that written notice mailed or delivered to the premises leased hereunder shall
constitute sufficient notice to the Sub-lessee and written notice mailed or delivered
to the office of the Sub-lessor shall constitute sufficient notice to the Sub-lessor,
to comply with the terms of this contract.
SIXTEENTH: RIGHTS OF THE SUB-LESSOR ARE CUMULATIVE 'Ire rights of the
Sub-lessor under the foregoing shall be curmllative, and failure on the part of the Sub-
lessor to exercise prCl1l'tly any rights given hereunder shall not operate to forfeit any
of the said rights.
SEVENTEENTH: CHARGES ARE RENT It is further understood and agreed
between the parties hereto that any charges against the Sub-lessee by the Sub-lessor
for services or for work done on the premises by order of the Sub-lessee or otherwise
accruing under this contract shall be considered as rent due and shall be incl uded in
any lien for rent due or unpaid.
EIGHTEENTH: SIGN APPROVAL REQUIRED If is hereby understood and agreed
that any signs or advertising to be used, including awnings, in connection with the
premises lease hereunder shall be first sul:mitted to the Sub-lessor for approval before
installation of same.
NINETEENTH: BUILDING REPAIRS. The Sub-lessee will maintain the lease
property, including all of the interior thereof, inc1 uding but not I imi ted to,
ceilings, interior walls, floors, fixtures, pipes, doors and windows (including plate
glass windows), in good and substantial repair.
'lWENTIETH: ADDRESSES All rents ~Yable and notice give under this
lease to the Sub-lessor shall be paid and given at ~,~ ~1 f>~00..,d J FL,"37q.~
or at such other place as the Sub-lessor shall specify in writing. All notices given
under this lease to the Sub-lessee or any assignee or sublessee of the Sub-lessee shall
be given at the leased premises. Any notice properly mailed by Registered Mail,
postage and fee prepaid, shall be deemed delivered when mailed, whether delivered or
not.
'lWENTY-FIRST: REMEDIES FOR FAILURE TO PAY RENT OR BREACH OF AGREEMENTlf ~
rent, or other monies, required by this lease shall not be paid when due, or if the
Sub-lessee shall fail to perform or breach any agreement of this lease other than the
agreement to pay rent for three (3) days after a written notice specifying the
performance required shall have been given to the Sub-lessee, the Sub-lessor shall have
the option to:
(a) terminate this lease, resume possession of the property for his own account,
and recover inmediately han the Sub-lessee the difference between the rent specified
in this I ease and the fair rental val ue of the property for the remainder of the terms,
reduced to present worth; or
(b) resume possession and re-lease or rent the property for the remainder of the
term for the account of the Sub-lessee, and recover fran the Sub-lessee, at the end of
the term or at the time each payment of rent comes due under this I ease as Sub-l essee
may choose, the difference between the rent specified in the lease and the rent
received on the re-Ieasing or renting; or
(c) resume possession and accelerate the remaining rental unpaid and recover the
same from the Sub-l essee, or
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(d) seek any and all remedies permitted under the laws of the state of Florida.
In any event, the Sub-lessor shall also recover all expenses incurred by
reason of the failure to pay rent or other breach, including reasonable attorney's
fees.
'lWENTY-SECOND: LEASEHOLD IMPROVEMENTS AND MECHANICS LIENS I fan y
mechanic's, laborer's or materialmen's lien shall at any time be filed against the
I eased premises or any part thereof, or any encumbrance, charge, mortgage, conditional
bill of sale, title retention, or security agreement be filed against the leased
premises or any part thereof, by reason of any work, labor or services, or materials
or equipment furnished to or for Sub-lessee, within thirty (30) days after notice of
the filing thereof, or such shorter period. not less than fifteen (15) days as may be
required by the holder of any mortgage to which this I ease is subject and subordinate,
will cause the same to be discharged of record by payment, deposit, bond, order of
court of cc:rnpetent jurisdiction or otherwise. If Sub-lessee shall fail to cause such
encumbrance, charge, etc., to be discharged within the period aforesaid then, in
addition to, discharge the same whether by paying the amount claimed to be due or by
procuring the discharge of such lien by depositor by bonding procedures, and in any
such event, Sub-lessor shall be entitled , if Sub-lessor so elects, to compel the
prosecution of an action for the foreclosure of such lien by the lienor and to pay the
amount of the judgement in favor of the lienor with interest, costs and all owances.
Any amounts so paid by Sub-l essor and all costs and expenses incurred by Sub-l essor in
connection therewith, together with interest thereon at the rate of six (6) per cent
per annum fran the respective dates of Sub-l essors making of the payment or incurring
of the cost and expense, shall constitute additional rent payable by the Sub-lessee
under this lease and shall be paid to Sub-lessor by Sub-lessee on demand. Nothing
herein contained shall obligate Sub-lessee to payor discharge any lien created by Sub-
lessor.
Nothing in this I ease contained shall be deemed or construed in any way as
consti tuting the consent or request of Sub-l essor, express or implied by inference or
otherwise, to any contractor, subcontractor, laborers, or materialmen, for the
performance of any labor or the furnished of any materials for any specific
improvement, alteration to or repair of the leased premises or any part thereof, nor
as giving Sub-lessee any right, power or authority to contract for or permit the
rendering of any services or the furnishings of any rraterials that would give rise to
the filing of any lien against the leased premises or any part thereof.
Any alterations, additions or improvements made by the Sub-lessee that are
permanently attached to the building shall beccme the property of the Sub-lessor at the
terminati on of this Lease. Provided the Sub-l essee is not in defaul thereunder, at the
termination of this lease the Sub-lessee may remove and retain all equipment,
furniture, trade fixtures and sinnlar movable items, provided the Sub-lessee shall
repaint and repair as necessary to place the property in as good. condition as when
first leased, reasonable wear and tear excepted.
'IWENTY-THIRD: INSURANCE The Sub-lessee agrees to obtain at his expense
a policy or policies or liability insurance in company or companies approved by the
Sub-lessor, providing for liability insurance for injuries or death of person or
persons or darrages to property sustained on the demised premises wi th linn ts of not
1 ess than $300,000.00 for injury or death of anyone or more persons in anyone
accident and $25,000.00 for damage to property. Said policy or policies will be
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standard's owner's, landlord's and tenant's policies and will include the Sub-lessor
as named insured, and either the original or a duplicated original will be delivered
to the Sub-lessor and all premiums thereon will be paid by Sub-lessee.
'IWENTY-FOURTH: SUB-LESSOR'S RIGHT TO ASSIGN The Sub-lessor shall have
the right at any time to assign this lease as collateral security for any mortgage or
indebtedness of the Sub-lessor whatsoever.
'IWENTY-FIFTH: INDEMNIFICATION The Sub-lessor shall not be liable to the
Sub-l essee or Sub-l essee' s employees, agents or invi tees or to any other persons
whomsoever, for any injury to person or damage to property on the demised premises
caused by negligence, misconduct, or acts of cannission or anission of the Sub-lessee,
his employees, or agent, or arising frcrn the condition of the leased premises and the
Sub-lessee agrees to indamify and hold the Sub-lessor harmless fran any loss,
liability, costs, expenses or claims arising out of any such darrage or injury,
including costs and reasonable attorney's fees.
'IWENTY-SIXTH: DAMAGE The Sub-lessor shall not be responsible to the Sub-
I essee for any damaqe to Sub-l essee' s property arising as a resul t of the condition of
the premises.
'IWENTY-SEVENTH: TAXES Sub-lessor shall pay all real property taxes
accruing or assessed against the leasehold premises for the term of this Lease. Sub-
lessee shall be liable for any tangible personal property taxes assessed against the
building or premises for any improvements or items placed on the leased premises by the
sub-lessee.
'IWENTY-EIGHTH: PERSONAL PROPERTY INSURANCE Sub-lessee shall be
responsible for securing and maintaining personal property insurance in such amount as
Sub-lessee may desire with regard to personal property on or about the leasehold
premises.
'IWENTY-NINTH: LATE CHARGE If rent payments are delinquent for a period
of Ten (10) days, Sub-lessee agrees to pay a late charge of $100.00.
THIRTIETH: ENTIRE AGREEMENT This Lease Agreement contains the entire
aqreement of the parties hereto and no other agreement, statement, or pranise made by
any party or any agent of any party hereto, which is not contained herein shall be
binding or valid. No modification of this Lease agreement shall be binding on the
parties unless it is in writing and executed by both Sub-lessor and sub-lessee.
THIRTY-FIRST: SUB-LEASE CONTINGENT UPON CITY OF SEBASTIAN APPROVAL This
sub-lease is subject to and contingent upon the approval of the City of Sebastian.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument
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for the purpose herein expressed, the day and year above written. .
Signed, seal ed and delivered
in the presence of:
ti~;!le~ ~
~<4. t/.JM~v'~~
As to Sub-lessor
Ja'Jj~ ~t.Li~
~7l-GL/ /1-'/~~
As to Sub-lessee
GOLDEN HORN AVIATION, INC 'j
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By: Warren Bradshaw
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public in and for said State and County, personally came
WARREN BRADSHAW, to me well known and known to be the person named in the foregoing
lease, and he acknowledged that he executed the same for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the ~:;... day of AI'" of ~ fJ(f'~ , 1999.
:i\l;.~?\\ Rene'G.VanDeVoorde ~~ '4 v~ Ibt/~cfe.
b(~'~}~ MYCOMMtsSlON# CC7D2S50EXPIRES Notary Public. State of Florida
--~~~~~ "^'~~ March 19, 2002 My Corrmission Expires'
.,m-.Il'" ............, 1liIlU TROYFAlN ~ INC: .
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public in and for said State and County, personally came
BONITA SWING, to me well known and known to be the person named in the foregoing lease,
and she acknowledged that she executed the same for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the J.';~A of day of "-1]l"!LIJ h 1u..-L. , 1999.
/;:;;,;~.~~,:_~ Angela M. Sherbrook /1 LA_ . . /, / ~ A 1/
l*f'@."'r*~ MY COMMISSION # CC616913 EXPIRES / ~. , . /"J( ld ~U-~ .
~i:~~:; March 3. 2001 Notary l1c. State of Flonda
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....... y ormuss~on xp~res:
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Richard E.Stringer
City Attorney
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Kathryn M. 0' alloran
City Clerk
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