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HomeMy WebLinkAboutSebastian SkydiveCOMMUNITY DEVELOPMENT DEPARTMENT 1225 Main Street — SEBASTIAN, FL 32958 PHONE 772 - 388 -8228 — FAX 772 - 388 -8248 rjg iffin(gcitxofsebastian.org — www.cityofsebastian.org 18 March 2013 James T. Iannaccone, Esq. 800 E. Broward Blvd., Ste: 606 Ft. Lauderdale, FL 33301 Re: Skydive Sebastian of South Florida, Inc. — Lease Renewal Mr. Iannaccone: The City of Sebastian is in receipt of your March 7, 2013 letter exercising the option to renew the lease between the City of Sebastian and Skydive Sebastian of South Florida, Inc. The Option Term of the lease is Twenty (20) years. Therefore, the lease for Ski Sebastian of South Florida, Inc. is extended to 30 September 2033. It is understood that all terms, conditions, covenants, and restrictions of the underlying lease are still in effect and will continue throughout the length of the Option Term of the lease. The City of Sebastian, and the Sebastian Municipal Airport, regards Skydive Sebastian an integral partner in the economic diversity our City and Airport offers to the region. The City looks forward to the lease Option Term as a positive extension of our relationship. With personal regards; s � 7_ Joe Griff Director cc: City Manager City Attorney City Clerk . •. �. � '� 4 � . � / J � �� � � . ��/ i�' �� iii AIRPORT LEASE THIS Airport Lease ("Lease"), is hereby made and entered into as of this 14th day of August, 1996, by and between the City of Sebastian, a municipal corporation existing under the laws of the State of Florida, ("Landlord"), and Skydive Sebastian of South Florida, Inc., a Florida corporation ("Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "Parties". W I T N E S S E T H WHEREAS, the Landlord is the owner of certain property within in the City of Sebastian, Indian River County, Florida, located at 400 West Airport Drive, Sebastian, Florida ("Property"), which is being used for the operation of the Sebastian Municipal Airport ("Airport"); and WHEREAS, portions of the Property are available for use for those activities consistent with or in support of aviation activity; and WF�RE�1S, Tenant is currently the sublessee of a portion of the Property pursuant to a lease between the Landlord and Charles Clay Price ("Price") dated September 29, 1993 ("Original Lease") and a sublease between Tenant and Price dated February 3, 1995 ("Sublease"); and WAEREAS, Tenant wishes to add an additional portion of the Property to the parcel currentl�r leased by Tenant under the Original 1 . .� . � WHEREAS, the Parties and Price have agreed to terminate the Lease and the Sublease concurrent with the date of execution of this Lease; and WHEREAS, the Landlord has agreed to lease the property contained in the Original Lease and the Additional Parcel to the Tenant, subject to certain terms and conditions consistent with or in support of the current aviation use of the Property; and WHEREAS, the Tenant desires to lease the same from the Landlord. NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: �. 1. Recitals. The above recitals are hereby incorporated herein by this reference. • 2. Leased Premises. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the Property which is described more particularly on Exhibit "A" attached hereto and incorporated by this reference ("Leased Premises"). The Leased Premises consists of four acres approximately as outlined in the site plan dated, July 16, 1996, which was approved by the Sebastian Planning Commission on August 2, 1996 ("Site Plan"). Tenant agrees that Landlord shall reserve unto itself an easement, as described in Exhibit "A" 2 3. Term of Lease. The term of the Lease shall be for a period of seventeen (17) years commencing sixty (60) days after the date which the Tenant executes the Lease {the "Commencement Date") and shall end at 11:59 E.D.T. on the date of expiration of the last number of years constituting the Lease Term from the first day of the first calendar month succeeding the Commencement Date. So lonq as the Tenant is not in default of any term, condition or covenant provided in this Lease, including any addendum hereto, the Tenant shall have the option to renew this Lease for one (1) additional twenty (20) year term (the "Option. Term") by providing the Landlord with written notice of the' Tenant`s decision to exercise its option not less than one hundred eighty (180) days and not more than two hundred ten (210) days prior to the expiration of the initial term of this Lease. All of the terms, conveyances and conditions of this Lease shall apply during the initial and the Option Term; provided, however, the annual rent during the initial and the Option Term shall be adjusted on the Rental Adjustment Date, as described herein. 4. Rent. Tenant covenants and agrees to pay Landlord the Minimum Annual Rent of Thirteen Hundred Seven Dollars ($1,307.00) per acre, payable in twelve i12) monthly installments ("Rental Payments"). The Minimum Annual Rent shall commence to accrue and be due and payable on the Commencement Date. The first Rental Payment date shall be the first day of the first fu11 calendar 7 J . , r 1 � � • � , � month and shall include a prorated amount applicable to the period from the rental commencement date to the rental payment date, if applicable. In view of the fluctuating purchasing power of the United States dollar, the parties hereto, desiring to adjust the rent hereunder to such purchasing power, agree that such adjustments shall be made on the Rental Adjustment Dates as herein provided so as to reflect as nearly as possible such fluctuations. The parties hereto adopt as the standard for measuring such fluctuations the United States Department of Labor, Bureau of Labor Statistics, revised Index of Consumer Prices. The index for the month prior to the commencement date shall be the basic standard. The first � adjustment shall be made on Auqust 1, 2001 and shall be effective . for five (5) years. Thereafter, adjustments will be made annually and will be effective for the then ensuing lease year. Rent adjustments shall be made by multiplying the Minimum Annual Rent by a fraction, the nwnerator of which shall be the next Index figure (such figure being the Index figure for the month immediately preceding each Rental Adjustment Date} and the denominator of which shall be the Basic Standard; and the result thus obtained shall be the then applicable annual rent to be paid in monthly installments over the ensuing lease year period. In no event shall the Minimum Annual Rent (as adjusted by the foregoing formu�a) for a lease year ever be less than the I?inimum P.nnual 4 J . ' r Rent for the prior lease year. It is understood that the above � Index is now being published monthly by the Bureau of Labor Statistics of the United States Department of Labor. Should said Bureau of Labor Statistics change the manner of computing such Index, the Bureau shall be requested to furnish a conversion factor designated to adjust the new Sndex to the one previously in use and made on the basis of such conversion factor. Should publication of said Index be discontinued by said Bureau of Labor and Statistics, the such other Index as may be published by such Bureau most nearly approachinq said discontinued Index shall be used in making the adjustments herein provided for. Should said Bureau discontinue the publication of any Index herein contemplated, then such Index as may be published by another � United States Governmental Agency as most nearly approximates the Index herein first above referred to shall govern and be submitted as the Index to be used, subject to the application of an appropriate conversion factor to be furnished by the government agent publishing the adopted Index. If such governmental agency will not furnish such conversion factor, then the parties shall agree upon a conversion factor or a new Index; and, in the event agreement cannot be reached as to such conversion factor or such new Index, the parties hereto agree to submit the matter to arbitrators, in accordance with the rules of the American Arbitration Association and judgment or decree upon the award • :7 � . . rendered by the arbitrators may be rendered in any court having jurisdiction thereof. In no event, however, sha11 the Minimum Annual Rent decrease below the sum of Thirteen Hundred Seven Dollars ($1,307.00) per acre. In the event that any Rental Payment due hereunder shall not be paid five (5) days or more when due, in addition to, and not in substitution for, any other rights Landlord may have, Tenant shall pay Landlord a late payment fee of 5� of the amount of such late Rental Payment. This charge is to be considered as additional rent and shall not be considered interest. If any part of the rental payment or other payments due hereunder shall remain due and unpaid ten days after written demand by Landlord, the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare the balance of the entire unpaid rent for the entire term of the Lease to be accelerated and to be immediately due and payable. (2) Partial acceleration. In lieu of the option in Sub-paragraph (2) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as 0 f a splitting of a cause of action, nor shall it alter or affect the � obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the option herein granted above, the Landlord may exercise any and all other options available to it hereunder, which options may be exercised concurrently or separately with the exercise of the above options. (4) Tax. All payments made by Tenant under this Lease shall be accompanied by any applicable sales or rental tax. 5. Aircraft Fuel Dispensing. Lessee is permitted to service its leased or owned aircraft with aviation fuel and lubricants subject to the safety and environmental standards contained herein. Eheling will be done only from metered fueling � dispensers, fixed or mobile, especially constructed for dispensing aviation fuel, and having all safety devices specified by the Rules and Regulations of the Federal Aviation Administration, Florida Department of Transportation and Aviation, and the National Board of Fire Underwriters. Under no circumstances will fueling of aircraft from drums be permitted. (1) Fueling shall fully comply with the criteria of FAA Advisory Circular 150/5230-4, including current changes, and with all references listed in Appendix 6 of Advisory. (2) In addition to the insurance requirements stipulated herein, the following special coverages are also � 7 , � required in the amount of $5,000,000.00: a) products and completed operations liability for fueling operations; b) environmental pollution/hazardous materials cleanup and restoration liability with the City named as an additional insured. (3) Dispensing vehicles and bulk lubricants will be housed in or upon approved facilities. Storage within aircraft hangers is prohibited. 6. E`uel Flowage Fee. In addition to the Minimum Annual Rent, the Tenant and any sublessee of Tenant, shall also pay to. the Landlord a fuel flowage fee, which shall not be rent for the Leased Premises, but shall be collected by the Landlord from the � Tenant, and any sublessee of the Tenant. The fuel flowage fee shall be two cents per gallon on all aviation fuels delivered to the Tenant, or to any sublessee of the Tenant, at the Airport (the preceding charge per gallon shall be subject to change at any time by Landlord as determined by resolution of the City Council of Sebastian. Such change shall become effective immediately upon delivery of written notice thereof to Tenant). The Tenant and any sublessee of the Tenant shall furnish to the Landlord written detailed monthly statements showing the total amount of aviation fuels delivered to the Tenant, or any sublessee of the Tenant, at the Airport. Said statements shall be furnished no later than the 15th day of each month during the time th?s Lease shall be in . 8 _� 0 force. The Tenant agrees, both on behalf of itself and any � sublessee of the Tenant, that said amounts may be collected by the Landlord from the Tenant, or any sublessee of the Tenant, in the same manner as the monthly rental installments. (1) The monthly statements referred to in the foregoinq subparagraphs pertain only to operations conducted at the Airport and exclude any operations of the Tenant, or any sublessee of the Tenant, conducted at other locations. (2) The Tenant, or any sublessee of the Tenant, shall further retain upon the Leased Premises all delivery bills,, invoices and related records pertaining to all aviation fuels delivered to the Tenant, or to any such sublessee, and shall produce and make available such books and records upon request by � the Landlord for the purpose of auditinq payments to the Landlord as provided herein. Such books, records and other documents shall be made available for inspection to representatives of the Landlord during business hours, at the request of the Landlord. If said inspection reveals that payments to the Landlord are in error, by more than 2�, Tenant shall pay the additional amount owing to Landlord, plus all costs of said inspection. 7. Improvements to the Premises. The Landlord acknowledges that the Tenant is leasing the premises for the purposes described in the Lease as illustrated in the Site Plan, and that in order to utilize the Leased Premises for this purpose, the Tenant desires � 0 � to erect thereon a building and other improvements, to be constructed by the Tenant upon the Leased Premises at the Tenant's sole cost and expense and to comply with the Site Plan and a11 applicable rules, laws, regulations and requirements pertaining thereto. The work to be performed by the Tenant is set forth on Exhibit "B" which is attached hereto and incorporated herein by this reference. (1) The Tenant shall have the right to use the Leased Premises for purposes described in this Lease and shall have the right to construct upon the Leased Premises any buildings or other improvements described in Lease and Site Plan, provided that any such buildings or improvements do not in any way curtail the use • of the airport facilities in their usual operations and provided, further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the Federal Aviation Administration ("FAA") prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the "FAA" and pages 2 and 3 of the Site Plan. All buildings, structures, signage and improvements shall comply with the height restrictions contained in the Federal Aviation Regulation Part 77. (2) The Tenant sha11 indemnify, defend and hold the Landlord harmless from any actions, claims, losses, damages or � liens r=sulting f*om acts of Tenant, its agents, employees or lo contractors in performance of the construction of any improvements i on or to the Property. (3) Tenant shall require its contractors to furnish Landlord with evidence of adequate insurance coverage prior to Tenant's contractor performing any work. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. All buildings, structures and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier • termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non-fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwis2 a11 . 11 � such property shall remain on the leased premises until the damages suffered hy the Landlord from any such default have been ascertained and compensated. Any damaqe to the Leased Premises caused by the removal by Tenant of any such personalty shall be promptly repaired and the Leased Premises shall be fully restored to its original order and condition by Tenant forthwith at its expense. Any such personalty not removed at or prior to such termination shall become the property of the Landlord. (4) In the event the Tenant is prohibited to construct the improvements described herein, within ninety (90) days from the date hereof, by the appropriate governmental authorities having jurisdiction over the Leased Premises, for reasons not • caused by and beyond the control of the Tenant, the requirements of Exhibit "B"shall not apply to this Lease. . (5) Attached hereto as Exhibit "B" is a description of all additional improvements to be constructed on the leased premises by Tenant, including the date of commencement and completion required for each improvement. In the event that such improvements are not commenced on the applicable date set forth in Exhibit "B", and thereafter completed on the applicable date set forth in Schedule "B", Landlord shall have the option to amend this Lease. Such option shall be exercised within a reasonable time by written notice to Tenant. 8. Use of Leased Premises. The Tenant agrees that no use of the 12 Leased Premises will be allowed or conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the Leased Premises including the operation, take-off and landing of aircraft thereon, the Tenant and its agents, employees, contractors, licensees, invitees and other persons involved with the use of the Leased Premises will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the Leased Premises and the activities thereon. The Tenant aqrees that the leased premises shall be used and occupied by the Tenant solely for the following purposes or uses: The operation of aeronautical business and an aviation facility including a full service parachute training center, snack bar, ten space recreational vehicle park and 30' x 30' tent camping area, maintenance operation and apron area. The following activities shall be allowed when City approved facilities are constructed: Training Building with bath arid shower facilities, training facilities, off street parking facilities, and fuel sales through fuel farm all in accordance with the approved Site Plan. Any use of the Leased Premises other than those specifically stated above are expressly prohibited. No other use may be conducted by the Tenant without the express written consent of the Landlord reason. Such consent may be withheld by the Landlord for any All aeronautical businesses and activities must be certified and licensed by the FAA in the appropriate categories of their specific operation. 9. Repairs and Alterations 13 The Landlord shall not be � � � � obligated to maintain or repair the Leased Premises or any improvements located or any part hereof thereon during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, not to be reimbursed by the Landlord, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof exterior and interior) and the parking and service areas located on the Leased Premises, in a good state of maintenance in good workinq order and repair and proper to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards and ordinances. It is an express condition of this Lease that the • Leased Premises be kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, upon completion of the original improvements, at its sole cost and expense, may erect such additional improvements on the Leased Premises as it deems appropriate and may make such alterations or major renovations to the 2xisting improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. � The Tenant shall indemnify, defend and hold tne Landlord 14 harmless from any claims, losses, damages or liens arising out of � or in any way connected with such additions or renovations. 10. Utilities. The Tenant shall be responsible for all utilities of whatever kind or sort, used, installed or consumed in or upon the leased premises including, but not limited to, electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the Lease Premises. The Landlord shall have no liability for failure to procure or the interruption of any such services or utilities. 11. Siqns. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose � any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. Tenant agrees to maintain each and every sign as may be approved by the Landlord in good condition and working order. 12. Taxes. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other charge or payment levied or assessed against the leased premises by any governmental agency having, or purportinq to have, jurisdiction thereover, together with a11 ad valorem taxes assessment or other governmental charge levied against any stock of inerchandise, furniture, furnishings, equipment and other property located in, or upon the leased � �y � premises. All shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request. 13. Liability and Property Insurance. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive general public liability insurance in companies acceptable to Landlord with respect to the Leased Premises, including those portions of the said premises used for driveways, walkways, and parking areas and sufficient to cover such indemnification and naming as insured both Landlord and Tenant with minimum limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. Tenant � agrees that Landlord may alter the minimum or maximum amounts � stated in the preceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. All policies described in this Lease shall contain an endorsement that the insurer will not cancel or materially alter the coverage of such policy or policies without 16 giving thirty (30) days prior written notice thereof to the Landlord and shall name the Landlord as an additional insured. The Tenant's insurance policy is always primary. Tenant shall promptly deposit the original policy or policies of such insurance with the Landlord. 14. Fire and Extended Coverage Insurance. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of fire and extended coverage insurance (broad form), as the Landlord deems necessary and appropriate, covering the Leased Premises, providing protection against any peril included within the classification "Fire and Extended Coverage" and "Vandalism anci Malicious Mischief". Tenant agrees that it shall not keep, use, sell or offer for sale in or upon the Leased Premises any article or thing which may be prohibited by the standard form of fire insurance policy. Tenant agrees to pay any increase in premiums for fire and extended coverage insurance that may be charged during the term of this Lease on the amount of such insurance which may be carried by the Landlord on the Leased Premises or the building(s) of which it is a part, resulting from a violation of the foregoing, whether or not the Landlord has consented to or otherwise waived the same. In determining whether increased premiums are the result of the Tenant's us2 of the Leased Premises, a schedule, issued by the organization in making the insurance rate on the Leased Premises, i7 � i � • showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate of the Leased Premises. In the event that the Tenant's occupancy causes any increase of premium for the fire, boiler and/or casualty rates on the Leased Premises or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises, the Tenant shall pay the additional premium on the fire, boiler and/or casualty insurance policies by reason thereof. Each year if applicable, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the � buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the Leased Premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. All policies described in this Lease shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to tne Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the T2nant shall � provide copies of said policies to the Landlord. l8 Should the Tenant fail to obtain the requisite insurance � policies as outlined in this Lease, the Landlord may obtain the insurance for the Tenant at the Tenant's expense. 15. Damage or Destruction of Improvements by Fire or other Casualty. In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire, Tenant agrees that it will cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80$ of the principal building, if any, is.. unusable. In the event the Tenant elects to repair and/or replace' the building and other improvements on the leased premises, the Landlord shall have no claims aqainst any insurance proceeds paid • to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises, provided , however, that all repaired and/or replaced building and other improvements are repaired/replaced in a manner equal to or better than the building/improvement being repaired or replaced. (1) If the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Landlord shall have two options: (a) To continue to Lease; if the Landlord elects to i 19 . continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord; or (b) To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (2) In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the Leased Premises, the Tenant shall, at its sole expense, remove all • remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 16. Indemnification. Tenant shall and does indemnify, defend the Landlord and save it harmless from and against any and all claims, actions, causes of action, damages, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the Leased Premises and the use of the leased premises by tenant's agents, employees, contractors, licensees, and invitees, including all court costs and attorney's fees at all tribunal levels incurred by the Landlord in connection with any and all loss of life, personal injury and damage to property occurrinq in or about oi arising or relating to, 20 directly or indirectly in any manner whatsoever, the Leased Premises adjacent sidewalks and loading platforms or areas or occasioned wholly or in part by any act or omission Tenant, its agents, contractors, customers, principals, directors, officers or employees. This paragraph 16 shall survive the termination or cancellation of the Lease. 17. Environmental Matters. Tenant shall and hereby does indemnify, defend the Landlord and save it harmless from and against any and all claims, causes of action, lawsuits, losses, liabilities, damages, and expenses (including, without limitation,.. clean-up costs and reasonable attorney's fees) resulting directljr or indirectly from, out of or by reason of (i) any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant or its sub-Tenants, agents, employees, contractors, licensees, and invitees. This Paragraph 17 shall survive the termination or cancellation of the Lease. 18. Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Lease Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord. Tenant hereby indemnifies, defends and holds Landlord harmless from any and all claims, judgement, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in 21 � C� � • value of the Lease Premises, damages for the loss or restriction on use of rentable or usable space or if any amenity of the Leased Premises damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys' fees at all tribunal levels and whether or not suit is instituted, consultant fees and expert fees) which arise during or after the lease term as a result of Tenant's breach of the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises, or if contamination of the Leased Premises by Hazardous Materiai otherwise occurs for which Tenant is legally liable to Landlord for • damage resultinq therefrom. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental aqency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Leased Premises. Without limiting the foreqoing, if the presence of any Hazardous Material on the Leased Premises caused or permitted by Tenant results in any contamination of the Leased Premises, Tenant shall promntly take all actions at its sole expense as are necessary to return the Leased Premises to the condition existing prior to the introduction of any such hazardous Material to the Leased Premises; provided that Landlord's approval . �� of such actions shall first be obtained, which approval shall not � be unreasonably withheld so lonq as such actions would not potentially have any material adverse lonq-term or short-term effect on the Leased Premises. Landlord may cause environmental audits of the Leased Premises to be conducted during the Lease Term and Tenant will pay the cost on request. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Florida or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is' (i) defined as a"hazardous waste", under Section 403.703 (21), Florida Statutes (1987); (ii) defined as a"hazardous substance" • under Section 903.703 (29) Florida Statutes (1987); (iii) defined as a"toxic or otherwise hazardous substance" under Section 403.771 (2) (c), Florida Statutes (1987); (iv) defined as a"toxic substance" under Section 442.102 (21}, Florida Statutes (1987); (v) petroleum; (vi) asbestos; (vii) defined as a"hazardous substance" under Section 501.065 (5), Florida Statutes (1987); (viii) designated as a"hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317); (ix) defined as a"ha2ardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); or (x) defined as a"hazardous substance" pursuant to Section 101 of the Comprehensive � 27 • • n � Environmental Response, Compensation and Liability Act, 42, U.S.C. § 9601 et seq.(42 U.S.C.§ 9601). 19. Prevention of Use of the Premises, If, after the effective date of this Lease, the Tenant is precluded or prevented from using the Leased Premises for those specific purposes identified in paragraph 8 of this Lease, by reason of any 2oning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. 20. Landinq Fees. Landing or any other type of use of runway fees are specifically prohibited by this Agreement, so long as all other Tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 21. Government Seizure. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for aa additional period equal to the time tne Tenant has been 24 deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 22. Eminent Domain. Tenant hereby waives any claim of loss or damage to Tenant or right or claim to any part of the award as the result of the exercise of the power of eminent domain of any governmental body, whether such loss or damage results from condemnation of part or portion of the Leased Premises or any part or portion of the Property. Such exercise shall not void or impair the Lease unless the taking is to such an extent that it is. impracticable for the Tenant to continue the operation of its� business on the Leased Premises and upon the happening of such event the Lease shall cease and possession terminate as of the date of being required by condemning authority. Nothing herein shall prevent the Landlord from seeking any and all damages sustained from the condemning authority by reason of the exercise of power of eminent domain. Tenant shall have no claim against Landlord or the condemning authority for the value of any expired terms of this Lease or otherwise. 23. Events of Default. As used in this Lease, the term, "event of default", shall mean any of the following: (1) The failure of the Tenant to perform or abide by any term, provision, covenant, agreement, undertaking, obligation or condition of this Lease. F�y � n U � � (2) The Tenants failure to pay any consideration, to the Landlord, required by this Lease; (3) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judqment; (4) The Tenants abandonment of any substantial portion of the Leased Premises. "Abandonment" shall be determined by the Landlord; (5) The filing of a petition by or against the Tenant for adjudication as a bankrupt for or insolvent, under any prcvisions of applicable federal or state bankruptcy or insolvency laws, or an admission that it cannot meet its financial obligations as they become due, or the appointment of a receiver or trustee for all or • substantially all of the assets of Tenant. (6) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (7) Any act of Tenant or Tenant's agents, representatives or employees which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no party in and to the property covered by this Lease, and • 26 that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contractinq with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (8) The liquidation, termination, dissolution or (if the Tenant is a natural person) the death of the Tenant or all Guarantors of the Tenant's obligations hereunder; (9) The Tenant's failure for more than one hundred twenty (120) consecutive days, to continuously conduct and carry on in good faith the type of business for which the Leased Premises are leased; (10) The submission, by the Tenant more than two times during the Lease term, of a statement of aviation fuel sales that understates actual such sales by five percent (5�) or more; Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom 27 � i � , � i • without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days, from the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 24. identity of Znterest. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 25. Notices and Reports. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian • 28 Tenant: Attn: City Manager 1225 Main Street Sebastian, FL 32958 Skydive Sebastian of South Florida, Inc. 400 Airport Drive West Sebastian, FL 32958 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Tenant shall promptly pay all rentals and other charges and render all statements herein prescribed at Landlord's Address, as set forth above, or to such other person or corporation, and at such other place, as may be designated from time to time by Landlord in writing. If Landlord shall pay any monies or incur any expenses in correction of any violation of any covenant, undertaking, or agreement of Tenant as is set forth in this Lease, the amounts so paid or incurred shall, at Landlord's option and on notice to Tenant, be considered• additional rent payable by Tenant with the next installment of rent thereafter to become due and payable and may be collected or enforced as by law provided in respect to payment of rent. All payments due under this Lease shall be made, at Landlord's option, in cash (United States currency) or by cashier's check issued by a national banking association located in Indian River County; all checks shall be received subject to clearance. 26. Right to Inspect. The Landlord may enter the leased premises upon reasonable notice: ?g r � u � � . (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or Tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the • obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 27. Ownership of Trade Fixtures, Signs and Personal Property. At the expiration of the Lease, any trade fixtures, signs and personal property used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be � 30 y granted, the Tenant agrees to immediately surrender possession of � said facilities, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 28. Height Restrictions. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a heiqht so as to comply with all Federal Aviation Requlations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of � the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns,"for the use and benefit of the public, a right of flight.for the passage of aircraft in the airspace above the surface of the Leased Premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing � 31 � � on, taking off from, or operating on the Airport. 29. Nondiscrimination. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii} that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marita2 status, race, color or national origin shall be excluded from • participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenan� shall be • 32 . diligently pursued to its cbnclusion, and if the Tenant shall then � fail to commence or diliqently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. Landlord represents and warrants that the leased premises is zoned AI (Airport, Industrial), pursuant to the applicable governmental ordinances. 30. Skydiver Drop Zone. Landlord hereby grants to Tenant, its agents, employees and invitees, the right to use the land area � depicted on Attachment "A" hereto, which area is located at the Sebastian Municipal Airport during the term of this Lease. The right of use granted hereunder shall be on a non-exclusive basis and shall be used by Tenant, its agents, • employees and invitees solely for the purposes of a drop zone for skydiving. Landlord may from time to time promulgate rules and regulations regulating the use of the drop zone by Tenant and others, and Tenant hereby agrees for itself, its agents, employees and invitees to fully abide by all said rules and regulations. Tenant also agrees that the area may be changed by Landlord at any time during the term of the Lease and such change shall be zffective when written notice of the change is delivered to Tenant at its offices at the Sebastian Municipal Airport, which notice includes an attachment depicting the new drop zone. Tenant agrees to indemnify and hold Landlord harmless irom 33 � � r • any and all losses, claims, damages, liabilities or any other obligations whatsoever imposed or asserted against Landlord which in any way relate to the right of use granted hereunder or the use of the drop zone by Tenant, its aqents, employees or any of its invitees. Tenant agrees to maintain the area in a manner that the area will not create a safety hazard to its agents, employees, and invitees. This provision shall survive the termination or cancellation of the Lease. Tenant's right to use granted herein shall immediately terminate in the event that Tenant breaches any of the terms of the Lease, or Tenant or any of its agents, employees, or invitees fail to abide by the rules and regulations promulgated by the � Landlord. 31. Additional Rights of Landlord. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, toqether with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. Landlord shall have no liability whatsoever for any loss or damage resulting in any way or manner from such action. All delinquent payments to the Landlord shall bear interest at the rate of 18$ per year from date the payments are due to the date of payment. Said interest snall be calculated on a daily basis and � 34 shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon a11 revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the riqhts of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such 0 , r ' � revenues, income, rents, earnings and profits derived or accruing � from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. The Tenant acknowledges that the Landlord has adopted an Airport Master Plan and the Tenant covenants that it will use the leased premises to be consistent with the Airport Master Plan. �, 35 • • C l ' . The Tenant shall not allow its occupancy or use of the lease premises to constitute or become a public or private nuisance. 32. Entire Aqre�nent. This Lease contains all of the understandinqs by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 33. Assignment and Subletting. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the • prior written consent of the Landlord, which consent may be withheld for any reason. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 34. Hindinq Effect. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 35. Applicable Law/Venue � 36 Ia the event of litigation 9 • arising out of this writinq, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. 36. Attorneys Fees. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels. 37. Time of the Essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that time of payment of performance is of the very nature and essence hereof: 38. Recordinq. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. IN WITNE55 AHEREOF, the Parties hereto have set their hands and seals the day and year first above written. 37 � � � • � � SKYDIVE FLORSDA, By: (Si IAN OF OBTH CITY OF SEBASTIAN �� / A Municipal Corporation Existing under the laws of State of Florida resentative) PursuaYzt/to the limited power of attorney executed by Andrew Grimwade on July 18, 1996 � :�� u] • �.,_J� Thomas W. Frame City Manager RATIFICATION I, Andrew Grimwade, President of Skydive Sebastian of South Florida, Inc., hereby ratify and affirm the execution of this lease by Randy Mosby. Mr. Mosby was authorized to bind Skydive Sebastian of South Florida, Inc., to the terms and conditions of this pursuant to a limited power of attorney executed by me on July 18, 1996 . �� ��_ � w Grimwade � President, Skydive Sebastian of South Florida, Inc. Approved as to Form and Content: Uc�LQ��. `�- Valerie F. Settles, City Attorney � i3 ATTE T: � � �'r�,��- athry M. O'Hal].oran CMC/AAE This Exhibit is par OF SEBASTIAN and SKYDIVE for leased Airport. EXHIBIT "A" t of that certain Lease between the CITY SEBASTIAN OF SOUTH FLORIDA, INC. dated premises at the Sebastian Municipal Listed below is the general description of the leased premises: FLEMING GRANT THAT CERTAIN PARCEL LYING IN SECTION 29 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID SECTION 29� RUN SOUTH 44 DEGREES 21 MINVETS 28 SECONDS EAST 818.81 FEET ON THE SOUTHWEST BOUNDRRY OF SECTION 29 TO THE CENTERLINE OF ROSELAND ROAD, THENCE NORTH 04 DEGREES 48 MINUTES 59 SECONDS WEST 514.65 FEET ON SAID CENTERLINE, THENCE NORTH 89 DEGREES 50 MINUTES 46 SECONDS EAST 694.46 FEET, THENCE NORTH 00 DEGREES 09 MINVPES 14 SECONDS WEST 899.00 FEET TO THE POINT OF HEGINNING THENCE NORTH 89 DEGREES 50 MINUTES 46 SECONDS EAST 50 MINUTES 46 SECONDS EAST 425 FEET, THENCE NORTH 00 DEGREES 09 MINUTES 19�SECONDS WEST 907.00 FEET THENCE SOUTH 89 DEGREES 50 MINUTES 96 SECONDS WEST 925.00 FEET THENCE SOUTH 00 DEGREES 09 MINUTES 14 SECONDS EAST 407.00 FEET TO THE POINT OF BEGINNING �� SUBJECT TO A NON-EXCLUSIVE EASEMENT BEING RESERVED TO THE CITY FOR DRAINAGE PURPOSES ALONG THE NORTHERLY 10 FEET OF THE EASTERLY 195 FEET. ALL CONTAINING 3.97 ACRES MORE OR LESS. YAACE2. H: r4 ��YY+1� i . M� : '�.x�io1�Y FLEMING GRANT THAT CERTAIN PARCEL LYING IN SECTION 29 DESCRIBED AS FOLLOWS: SEGINNING AT THE MOST WESTERLY CORNER OF SAID SECTION 29, RUN S 94 DEGREES 21 MINUTES 28 SECONDS E A DISTANCE OF 818.81 £EET ON SOUTHWEST BOUNDARY OF SECTION 29 TO CENTERLINE OF ROSELAND ROAD� THENCE N 09 DEGREES 48 MINUTES 59 SECONDS W A DISTANCE OF 514.65 FEET ON SAID CENTERLINE, THENCE� N 89 DEGREES 50 MINUTES 46 SECONDS E A DISTANCE OF 644.96 FEET; THENCE N 00 DEGREES 09 MINUTES 14 SECONDS W A DISTRNCE OF 899.00 FEET; THENCE N 00 DEGREES 09 MINUTES 19 SECONDS W A DISTANCE OF 92.11 FEET TO THE POINT OF BEGINNING, THENCE N 00 DEGREES 09 MZNUTES 14 SECONDS W A DISTRNCE OF 79.60 FEET; THENCE N 72 DEGREES 824 MINUTES 59 SECONDS E A DISTANCE OF 87.62 FEET; THENCE S 86 DEGREES 39 MIh'UTES 37 SECONDS E A DISTANCE OF 94.69 FEET; THENCE S 69 DEGREES 44 MINUTES 03 SECONDS E A DISTANCE OF 49.06 FEET; THENCE S 00 DEGREES 09 MINUTES 14 SECONDS E A DISTRNCE OF 62.21 PEET; TAENCE S 78 DEGREES 20 MINUTES 32 SECONDS W A DISTANCE OF 99.58 FEET; THENCE N 81 DEGREES 41 MINUTES O1 SECONDS W A DISTANCE OF 95.75 FEET; THENCE S 72 DEGREES 90 MINUTES 02 SECONDS W A DISTANCE OF 84.52 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 18,213 S4UARE FEET 39 . , .� v � i � � P7IRCEL C 15' WIDE D9IINTENANCZ EA9F.t�NT £LEMING GRANT THAT CERTAIN PARCEL LYING IN SECTION 29 DESCRIBED AS FOLLOWS: HEGINNING AT THE MOST WESTERLY CORNER OF SAID SECTION 29, RUN S 94 DEGREES 21 MINUTES 28 SECONDS E A DISTANCE OF 818.81 FEET ON SOUTHWEST BOUNDARY OF SECTION 29 TO CENTERI.INE OF ROSEiADID ROAD, THENCE N 04 DEGREES 48 MINUTES 59 SECONDS W A DISTANCE OF 519.65 EEET ON SA2D CENTERLINE� THENCE N 89 DEGREES 50 MINVTES 46 SECONDS E A DZSTANCE OF 644.46 FEET; THENCE N 001 DEGREES 09 MINUTES 14 SECONDS W A DISTANCE OF 849.00 FEET; THENCE N 89 DEGREES 50 MINUTES 96 SECONDS E A DISTANCE 0£ 425.00 FEET; THENCE N 00 DEGREES 09 MINUTES 14 SECONDS W A DISTANCE OF 143.69 FEET TO THE POINT OF BEGINNING; THENCE S 89 DEGREES 50 MINUTES 96 SECONDS W A DISTANCE OF 200.96 £EET; THENCE N 00 DEGREES 09 MINUTES 19 SECONDS W A DISTANCE OF 15�000 £EET; THENCE N 89 DEGREES 50 MINUTES 46 SECONDS E A DISTANCE OF 200.96 FEET; THENCE S 00 DEGREES 09 MINUTES 14 SECONDS E A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF HEGINNING. CONTAINING 3,014 SQUARE FEET With the non-exclusive Ingress/Egzess easement with a legal description described as: � FLEMING GRANT THAT CERTAIN PARCEL LYING IN SECTION 29 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID SECTION 29, RUN SOUTH 44 DEGREES 21 MINUETS 28 SECONDS EAST 818.81 FEET ON THE SOUTHWEST BOUNDARY OF SECTION 29 TO THE CENTERLINE OF ROSELAND ROAD, THENCE NORTH 04 DEGREES 48 �MINUTES 59 SECONDS WEST 514.65 FEET ON SAID CENTERLINE, THENCE NORTH 89 DEGREES 50 MINUTES 96 SECONDS EAST 699.46 £EET� THENCE NORTH 00 DEGREES 09 MINUTES 19 SECONDS WEST 849.00 FEET 50 MINUTES 96 SECONDS EAST TO THE POINT � OF BEGINNING; THENCE SOUTH 89 DEGREES 50 MINUTES 46 SECONDS WEST A DISTANCE OF 100.00 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 19 SECONDS WEST A DISTANCE OF 407.00 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 46 SECONDS EAST A DISTANCE OF 100.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 14 SECONDS EAST A DISTANCE OF 907.00 FEET TO THE POINT OF BEGINNING. � � Exhibit "B" This Exhibit "B" is a part of that certain Lease between the CITY OF SEBASTIAN and SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INC., dated for Leased Premises at the Sebastian Municipal Airport. Listed below are the description of each improvement to be constructed by Tenant on the leased premises and the required dates of commencement and dates of completion for each such improvement: Description of Improvement 40' x 80' Training Building with Bathroom and Shower Facilities and 40' X 40' Concrete Slab Parking Lot Comprised of 20 Paved Spaces & 6 Grass Surface Parking Spaces Stormwater Management System On-site Sewage Disposal System Composed Septic Tank and Drainfield Fuel Farm Facilities with Two 1,200 Gallon Tanks with Pumping and Containment Facilities Within 60 Days of Execution of Lease Agreement Within 60 Days of Execution of Lease Aqreement Within 60 Days of Execution of Lease Agreement Within 60 Days of Execution of Lease Agreement Within 180 Days of Execution of Lease Agreement 41 Date Within 180 Days of Execution of Lease Agreement Within 180 Days of Execution of Lease Agreement. Within 180 Days of Execution of Lease Agreement Within 180 Days of Execution of Lease Agreement Within 270 Days of Execution of Lease Agreement Y s . . �- � � � ., . � ► � � � Exhibit "C" Site Plan 42 `. I@II�II''�� SESASTIAN MUNICZPAL AZRPORT ATTACHMENT "A" 42 ,` '; : i` � . �