HomeMy WebLinkAboutR-00-35RESOLUTION NO. R-00-35
A RESOLUTION OF ~ CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF
AIRPORT LA.ND FROM SKYD~ SEBASTIAN OF SOUTH
FLORIDA, INC., TO LYLE PRESSE; PROVIDING FOR CONFLICT;
PROVIDING FOR EFFECTIVE DATE,
Wlt-EREAS, Skydive Sebastian of South Florida, Inc., is the lessee of certain City
land at the Municipal Airport pursuant to leases and amendments thereto dated August 16,
1996, October 23, 1996 and March 5, 1997; and
Wg'EREAS, Skydive Sebastian of South Florida, Inc., wishes to sublet a portion
of said land to another for the purpose of operating a parachute packing facility; and
WWI~.REAS, any such subleasing of airport land requires the written approval of
the City of Sebastian; and
WNEREAS, 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 TI~REFORE, BE IT RESOLVED BY TBE COUNCIL OF ~
CITY OF SEBASTIAN, as follows:
Section 1. APPROVAL. The City Council hereby gives its written
approval to the Business Sublease between Skydive Sebastian of South Florida, Inc., and
Lyle Presse, attached hereto as Exhibit "A".
Section 2. CONFLICTS. All resolutions or parts ofresolufiom in
conflict herewith are hereby repealed.
Section :5. EFFECTIVE DATE. This resolution shall take effect
mediately upon its adoption.
The foregoing Kesolution was moved for adoption by Councilmember ~/~.
The motion was seconded by Councilrnernber~~_ and, upon being put into
a vote, the vote was as follows: - ~'
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Counc[Imember Joe Barczyk
Counc[h-nember James I-rill
Coan~[tmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Kesolution duly passed and adopted this 28th day
of June, 2000.
CITY OF SEBASTLAN, FLORIDA
ATTEST:
Ka[hryn/V~. 0'Halloran, MMC/AAE
City Clerk
Approved as to form and legality for
relian by the City of Sebastian only:
Ric Stringer, ity P~tl~mey
Mayor Walter Barnes
SUB-!~,~SE AGREEMENT
Thi~ Sub-Lease Agreement is made and executed on this day of Itme, 2000 by
and between SKYDIVE SEBASTIAN OF SOUTHFLORIDA, INC,, (Lessor) and LYLE PRESSE
(Le~s~). The Airport Leas~ Agreeaneat dated August 16, 1996, the First Amanded Lease Agr~n~at
dated O~tober 23, 1996 and the Airport Lease Agreement dated March 5, 1997 by and betw~n the
City of Sebastian and Skydive Sebastla~n of South Florida are incorporated into this Sub-Lease
Asreemcnt and aa'e binding upon all parties.
1, DESCRIFTION OF I~REiVIISES:
Lessor agrees to lease to Lessee thet portion of the fueling buildin~ and property
loc. axed at 400 W. Airport Drive, Sebasti~ FL (l~emlses), underneath the Lessae's manufactured
building including ten (10) parking spaces adjace-,~t m the building.
The term of this Sub-Lease A4~reeme~t shall be for a period offi~re years commencing
on luty 15, 2000 and terminatirlg on July 15, 2005. Lessee shall have an option *o renew as described
b~low.
2(A). O O T :
Lessee shall have thc option to renew this Sub-Lea.se Agreement for an additional five
year term, Lessee must exercise this option by giving written notice to Lessor not les~ than 1 $0 days
and not more than 210 days prior to the end of the initial term of this agreement.
RENT AND TAXES:
Lessee shall pay to the Lessor as rent for the premises the following mounts:
During the period from July 15, 2001 through July 15, 2002, I.zssee agrees to pay to
Lessor $500.00 per month, plus applicable sales and rental tax, in advance, on the first clay of the
month, Pumt will be adjusted upwards each year pursuant to the consumer pfi~e index as listed in the
Wall Street Journal in the month prior to the commencement date. Lessor agrees to waive payment
for the first twelve month~,
In the event that any remal Payment due hereunder shall not be paid five (5) days or
more when due, in addition to, and not in subsiitufion for, any othcr rights Lessor may have, and
without wrltte~ notice, Lessee shall pay Lessor a late payment fee of $% of the amount of suoh late
P, ental Payment. This charge is to be considered as additional rent and shall not be considered
ira~rest.
1-56~-56~-2870 ~-~ PSI JUN ~ ~0~
If Lessee exeroises the option to extcvxl this Sub-Lease Agreernem then tho rent will
increase each year pursuan! to the consumer prio~ index as listed in tl~ Wall Street ~ournal.
4.
The Lessee shall pay during the Lease term ail ad valorem taxes, a~sessments er arty
other charge or payment levied or assessed against the leased premises and any tax or charoe levied
against any stock o£merchandise, furok~e, furnisiings, equipment and other property located in, or
upon the leased premises. All taxes, foes, or oharl~ ~ be paid by tho Lessee on a timely basis anti
reoeipts therefor shall be provided/o the L~ssor upon re4uest.
All rigging work for the operation of the equipment sales store is required to bo done
through Lessor's approved loR, so long as the work is in acoordan~ with industxy standards, is
~ompleted in a ~;imely manner, and the foes are within r~sonable irxdustry standards. Ex~eptions will
be ailowed due to customer requests or destination of equipment.
RESTRICTION O1~ USE/HOURS OF OPERATION:
The premises shall be used by the Lessee for a Skydive equipment sales store. Lesse~
shall not use the premises, or permit any part of the premises to be used for any other purpose
without the prior wltten consent of Lessor. This Sub-Lease is ~orttingent upon the store being open
for operation during the same hours as the drop zone, seven days a week, from October 15 through
April I5, minimum of eight (S) hour~ a day, each year. From. April 16 to Ootoher t,t, the store's
hours of opei-allon would be 8:00 ft.m to 12:00 p.m. at a minimum. The store may he closed on
those days that the drop zone is closed~ Ail parki~ lot use shall be ILmited 'to staffparkin~, loading
and delivery and customer parking. Failure to adhere to th~ minimum opers~%~ hours shall constitute
a material breach of the agreement.
6. A$SIGNME~ AND SUBLETI'I~G:
Lessee shall not assign this Sub-Lease or sublet, the whole or any pert ortho premises,
or permit any pgrSo.n to occupy the premises without the prior va'itte~ consent of the Lessor. The
acceptance ofre~t bythe Lessor from any other party shall not waive any covenants ofthis Sub-Lease
or a~ as a consent to the as~'nme~ for the benetlt of creditors or by operation ofhw t.r~c~-er troy
rights to any other party without the prior written cunsont of the Lea,sor. Ii'lessor consents, in
vatting, to tho ~_~slgnment, subletting or other trttt~-er of any right or imorest her~ by the Lessee,
Lessee shall not be relieved of any duty, obligation or liability trader any of the provisions of the Sub-
Lease. Tho Les~or agrees not to unreasonably t~fuse to assign this Sub-Lease agreement provided
that the assignee is oreditworthy and the assignee assumes all of/he obligations under the existing
Sub-Lease.
2
INSUR.~CE:
Lessee ~ to deliver to the Lessor before the commencement of~s Su~e
~t or b~orc ~y physi~ l~r ~ wo~ on ~ pre. scs b~ but no 1~ tko. ~ (1 ~)
~y~ ~r ~ d~ ~r ~s a~e~en~ a ~t~ of~, d~l~a~o~ ~ ~ ~e ~
of ~ po~ p~ by ~e L~ h ~mp~ ~ ~ss~'s o~o~, tog~r ~ proof
ofpa~em, inel~ng ~ ~dorsem~t ~h states ~t su~ ~ce ~y not be e~l~ ~t
upon ~ (30) ~ys ~R~ no~e to ~ Le~r. ~ ~ ~ be ~R~ by one or mo~
~spomible im~ ~p~es ~d sh~ ~nt~ ~gm~ ~a~ ~e ~ ~ot ~
or amend~ ~ r~pe~ to ~e ~ssor ~ ~ ~ ~m~y and ~t ~ ~ ~ be
resp~ble for a~ p~m~ ofp~s for ~e ~ ~ w~eh ~r~gy ~vm ~y ~ of
mbroga~oa by ~e ~ce ~mp~y ~ ~ ~or. F~I~e ~o ~ in~r~
~ ~s~b~ he,ow ~ ~n~ a ~t~ ~e~h oft~s a~t. h is &o ~re~ ~t~t of~e
p~os ~ Less~ ~ ~ve sole ob~ ~o k~ ~e pr~s~ ~ ~soml prop~ ~ ~
oo~ou ~ the pr~ses ~n~u~y in~.
named i~reds, ~d ~1 have ~e ~o~ng ~v~es:
1) Fire and extended coverage, vtmdalism, plate glas~ malicious mi~.~ in the
minimum amount of $80,000.00.
:2) Produ~ liability insurance with minimum per ocourrence limits 0£51,000,000.00.
3) Genera/L/abiitt~ insurance w/th minimum per occurrence l/inks ors 1,000,000.00.
7(A). DAMAGE OR DESTRUCTION OF ll~PRO~S BY FIRR OR OTI~R
I~ the event any building and/or other improvements erected on the premises are
destroyed or damaged by fire, Lessee agrees that it will cause sakl building and/or other
improvements to be replaced or sald damase to be repaired a~ rapklly ~s practicable. The Lessor may
abate the I.~ss~'s rent for the per/od of time more than 80% of the principal bm'ldin~, if an~. is
unusable. In the event thai Les~ elects to repair and/or replace the building and other improvements
on the l~ascd premises, the Lessor shall have no claims against any insurance proceeds pa/d to the
Lessee on ~¢ount of suoh damage arid/or destm~ion, nor shall the Lessor have any respon~ibil/ty
or obligation to make any expenditures toward repair and/or replacement of the building end other
improvements on the leased premises, provide~ however, that all repa/red and/or replaced building
a~d other improvements are repaired/replac~i in a ms,inet equal to or better than the
buildi~lmprowment being repaired or replaced.
1-551-562-2870 3~6 P~5 JUN 22 '~ 10:22
Lessee sha~l indenmify Lessor and save/t harmless against any and all claims, actions,
damages, liab/lity and expense in conn~ion with loss of life, persor~ injury, or daraage to property
arising ~rom or out of any occvrrence in, upon, or about the leasehold premises, occupancy, or use
by the Lessee of the leasehold pre~tises, or in any pan thereof~ or occasioned wholly, or in part by
any act or omission/ri'the ]Lessee, his agents, contractors, employees, servants or ~si~ns.
9. I~.AIN'TENANCE AND REPAIRS:
Lessee, at ks sole cost and expense, not to b~ reimbursed by Lessor, shsll keep and
maintain thc promises io good and sanitary condition and r~0air during the ~ of this Sub-Lease.
Lessee shall maintain the interior and exterior fixtures, inoluding improvements, an~ landscaping on
or about the premises Ired shall make ali required mair~enance repaks to the plumbh~ electrical,
heatin/t, and air conditioning systems. Any liens placed on the premises for repairs made by the
Lessee shall not be effective or binding upon any huerest of the Lessor. Itow~er, if any claims or
Ii,us shaJl be plaoocl agaiilst the premises as a result of I~ssee's actions or inactions, Lessor shall have
the immediate right to satisfy the claims and any expenses irleurred therein shallbecome immediately
duc from thc Lessee as additional renl,
I O. ~TION:
Any construct/on or repair shall be in accord_.~ce with the local and state codes,
regulations and req.ulremcnts. Lessee shall indc~-m~c-y, defend and hold Lessor harmless from any
actions, claims, losses, damages or Hens resulting From the acts of Lessee, its agellts, employees or
c°nUaCtors in pcr~-ormanc¢ o/' any construction on or to thc pr~n/ses,
ti'during the ~m of this Sub-Ie~.se, the whole or any pan of the land or building in
which the premises are located, other than a part not interfering with the mah~enaucc or operation
thereni; shall bc appropriated by right o£eminc~t domain, then this lc~se shalll~ro~-stc ~ ofthelime
o~' such appropriation. Lessee shall ~ the ri/~ht, at its election, to continue to occupy the
premises on a month-to-month basis, ifpei-iiii~ed by ~he condewnlnS authorily and by law, for the
period between the time of such appropriation and the time wh~ physical pos/~esion ofthc premises
shall be taken. Except for the execution of thc terro~ such possession shall be subject to the
provisions of this Sob-Lease.
Levee shall not be e~titled to share in any monetary or other awards to the Lessor,
but thc I~essee shall be entitled to purme its own Claim for any damages suffered by the Lessee only
if such clah~ do nc~ infringe upon or reduce the claims of thc Lessor or a~y awards to Lessor.
Lessor agrees that it shall not interfere with such claims of the Lessee and Lessor shall n~ make any
claim for any damages which arc cons/tiered 'special damages' to Lessee including lost profits.
4
1-561-56-~-~870 346 ~6 JUN 2_~ '00
12. DE]FAULT:
It is mutually sgreed that in the event that Lessee siudt default on the payment et'rent
when due, Lessor shall not be required to notify Lessee in wr/ting of such a default. If the Lessee fails
to c~re the d~'ault within five (5) days v.f~er the due date, it shall constitute a material bre~ch of this
Sub-Lease Agreement. Ail past due ~mounts ~ accrue interest at the hishe~t r~e allowable by law.
Upon the failure of tho Lessee to cure its default, all monies and rents from the ~ terms ofth~s Sub-
Lease Aireement shall become i~u~e, xtiately due to Les~or, The Lessor shall have the intmedlate fight
to t~urhnate the Lessce's right of occupancy and to pursue whatever rights and s~ledies k may have
a//ainst the Lessee by reason of such default, Ii'the Lessee shall be in def~-l~, in perforr~/,~E any of
the terms or provisions ofth/s lease other than the provision requ/ring payment of rent, Lessor shal!
give Lessee notice in writing of such default. If Lessee fails to cure such default udth/n s~ (7)
days after the ro~i!i~ ofno~ice then the Lessor will have the right, but not the obl/safion, to cure
such default and the actual expenses incurred by the Les~ sh~l! be deemed to be ~dditional rent to
be paid by the Lessee on the day when rent would next be payable. All past due amounts sill accrue
int~est at the hiF, heat rate allowable by law. Upon the fro'lure of the Lessee to cure any default, the
Lessor shall have the immediate fight w terminate Lessee's right of occupancy and £o pursue
whatever dF, hts and remedies it may have against the Lessee by reason of such default. Addhic~!y,
Lessor shall have a I/en on ~J equipment, fixtures, inventory and persunai property of any type on the
premises. Lcssor shall also have the immediate right to possess/on and ownersh/p of the above
mentioned property mui shall apply the net wholesale value of the property in/ts used condition to
any amounts owed Lessor. The remedies provided bytbis a~reeme~ sre nonexclus/ve and
and th~ pursuit by the Lessor of one remedy does not walvc/ts right to pursue any and atl other
reroedies.
13. INDE1VINIi~CATION:
Lessee shall arid does indemnify, de,md the Lessor and s~ve ii hanuless from aM
a~ains~ any and all ~laims, aclioas, causes o£action, dlmu~as, demands, liabilities, claims, losses or
litil~ation arising out of or connected with th~ Lessee's occupancy or use of the leased premises and
thc use of the leased premises by Lessee's igents, employee~, ~tractors, liceoseos, and invitee~
includinf~ all cour~ costs and attorney's fees at alt tn'burial levis incurred by the Lessor in cormection
with any and all loss of life, pcrsonal injury and damst~e to property occtirril~ in or about of, arising
or rclal-ing to, directly or indkeatly in any manner whatsoever, the leased premis~ adjacent sidewalks
and loading platforms or areas or occasioned wholly or in part by ar~ a~ or omission of Lessee, its
agents, contractorr~ customers, principal~, dlre~tors, officers or employees. This parasraph ttgrteen
(13) shall survive the termination or cancellation of the Sub-L~ase.
14. ~Ill!iVEP. ABn .trY:
The invalidity of any provisions of this Sub-Lease as determined by a Court of
competem jurisdiction shall in no way affect the validity of any other provision of this Sub-Lease.
~-5G1-5~2-2870
~46 P~
JUN ~ ~00
IS. IA~SPECTION:
Lessee agrees to permit the Lessor or Lessor's agents to inspect and examh~ the
premises at any reasonable time, and to permit Lessor to m~t-e such repairs to the buildh~ or
improvements that the Lessor may deem desirable or nccessery to preserve and protect the pr~mlses
a~ Lessors expense except as required by paragraph 8.
16. SURRENDEI~
On the last clay of the teza oftlis Sub-Lease, or upon any sooner termlnalion, Lesse~
· h~l! surrender the premises to the Lessor in subst~r~ialty the same condition as when received,
ordinary wear and tear and acts of C~od excepted.
At the expkation of'the Sub-Lease, any trade f~mres, signs and personal property
used by the Lessee in the operation of its business, on the leased premises ~ remain the Lessee's
sole property and the Lessee shall have the ~ to remove the same provided any damages in
removal are repaired by the L~sea at Lessee's sole coS. The fixtures, buildings, and structure sh~l!
~e~ on the propc~' subjcc~ to the terms of the Sub*bcase w~th the City o£ Sebastian,
In case o~'breacb of'~his Sub-Lease bytheLessee, or the termination of the Sub-l-~-..se,
or any cxr~usion hereunder, tha~ may be ~-amed, the Lessee agrees to immediately surrender
possession of said fiw/lities, and all the buildin$, edifices, etc, tha~ are constructed by or on beh~lfoi'
Lessee. The facilities, buildings, edifices, e~¢. shall then become the property o£the Lessor.
Seaion captions are r~t a part of this Sub-Lease and are inserted merely for the
convenience ofthe parties.
18, AD]I)ITIONAL RIGHTS OF LESSOR:
The Lessor shall have the option, without waiving or impairing any of its
hereunder, to pay any sum or perform any sot ~qulred of the Lessee, and the amount of any s~ch
p~t and the value of any such performance, to!~ether with interest ihareon, shall be secured by
this Sub-Lease, and shall be promptly due and payable to the Lessor. Lessor shall have no liability
whatsoever for any loss or dama/~e resulting in any way or wanner from such action.
All delinquent payments to the Lessor shall bear interest at the rate o£ 18% per year
fi-om date the payments ere due to the date ofpaymant. Said interest shall be caloula~ed on a dally
basis and shall be due and payable when billed.
In the event of the Less~'s breach of any o£thc provisions of this St~b-Lease, the
Lessor shall thereupon have a lie~ u!oon, all revenues, income, rents, earnings and profits from the
leased prew.is~s as additional security to th~ Lessor for the Lessee's faittnCul performance of each oF
the terms and provisions hereof, and to secure payment of ail sums owing to the Lessor hereunder.
Such liens shall be superior h~ dignity to the rights ofthe Lessee and any ofi~ creditors, or ~si~nees,
or any trustee or receiver appointed for the Lessee's property, or any other person claimin8 under
the Lessee. Upon the Lessor' s termination of the Lessee's rights under this Sub-Lease by reason of
the Lessee's default, all such revenues, income, rents, eanaings ~nd profie/s derived or ~ icom
the l~ased promises from the date oi' suoh termination by the Lessor shall constitute the property of
the Lessor, and the same is hereby declared to be a trust fund for the exclusive benefit of the Lessor
and shall no~ constittne any asset of the Lessee or any lrustee or receiver appointed for the Lessee's
property, The provisions of this paragraph shall be effective withoul the Lessor's re-entr~ upon the
leased premises or repossession thei'eo£ and without any judicial deteminstion that the Lessee's
interest under said Sub-Lease has been terminated. The Lessee acknowledges that the Lessor has
~xtopted an ~irport Master Plan and the Lessee covenants that it will use the leased premises to be
consistent with thc Airport Master Plan.
The Lessee shall not allow its occupanT or use of the lensed premises to constilme
or become a public or private mfisance.
This Sub-Lease contains the whole and eatire agreement between the Lessee and
Lessor as of the date of exemation unless otherwise stated herei~ Both parties affirm and confm~
that they enter into this agreement freely and without a_ny inducement, representation, or promi~e that
is not expressly ki this Sub-Lease. No changes, modifications, waivers, or amendmenI shall have any
effect unless in writing and duly sil~ned by both parties.
20. RANKRUPTC¥/INSOLV~ENCY/PROBATE:
If at any time there ~ be ~ed by, or agaLnst Lesse~, in any court, pursuant to any
statute either of the United States or of any state, a petitio~ in bankluptcy, liasolvency or for the
appo'mtment ora trustee or receiver, or ii'Lessee makes an ai~nmont by operation of law, m__sk.~
application to creditors to settle or extend the time for payment of Lessee's obh'i~alion, or if any
execution, lien or attachment shall be levied upon any oFLesseds property, or the premises are taken
or occupied by anyone other than the Lessee, then all rents and monies from the fall terms of this
agreement shall become immediately due, end Lessor shall have immediate posse~aion of the property,
unless otherwise prohibked by law,
21. ~
Lessor bas not retained the service~ o£ any real estate a~ents and Lessee a//re¢~ that
all fees cldmed by any real estate agent Ls *,he sole responsibility of Lesses.
22. A Y'S :
Lessee shall be responsible for all custs and reasonable attorney's fees that may be
expended to collect monies or othervase enforce any of the obligations Lessee has agreed to herein.
including all trial and appellate costs and attorneys fees.
23. EXCLUSIVE RETAIL RIGHTS
The Lessor shall r~sin the role rishts to retail skydiving equipment or related
accessories as well as wearables and other pro shop items except those bearing the name and logo
of Skydive Sebastian, The Lessee agrees to assist the enforcement of these fights,
7
l~ M/n'w']:s$ ~,,~ ~:RFX)F, the parties hereto have executed this agreemeat as o£
the date ~u'st above writteu.
ANDP,.EW (~RIMW'ADE
Preside~ Skydive
Se, bastion of South Florida, Inc.
LYLE PRESSE
STATE OF FLOP~D,~ )
I~DIA.~ JlA'VEl[ COUIqTY )ss:
Witucs~: ICIMB~-J.Y PILESSE
'r~ ~', FOREGOING imtmm~m was ~~d b~o~ ~ ~s ~y ~
,2000, by , w~ is p~son~y ~o~ to me or who ~
pro~ ~d ~o d~o~s ~d ~ ~ ~e fore~o~g ~ tree ~ ~
~ t~ ~ of~ ~l~e ~d beh~
~111~$ my h~d and offi~ s~ in ~e Com~ a~ Sine 1~ ~ore~d ~s
~y of ,2000,
(SEAL)
NOTAI~Y PUBLIC - State of FL at Lar~
('Print Nou~y's Name)
My Co~s~on