HomeMy WebLinkAbout1996 PriceTE~tMINATION OF BUSINESS SUBLEASE
THIS Termination of Business Sublease ("Agreement") is hereby
made and entered into as of this 14th day of August, 1996, by and
between Charles Clay Price ("Price"), 1623 U.S. #1, Suite B-4,
Sebastian, Florida and Skydive Sebastian of South Florida, Inc.
("Skydive"). Price and Skydive are sometimes collectively referred
to herein as the "Parties".
WI TNE SSE TH :
WHEREAS, the City of Sebastian ("City") 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
WHEREAS, Price is the lessee of a portion of the Property
pursuant to a lease between the City and Price, dated September 29,
1993 ("Original Lease"); and
WHEREAS, Skydive, pursuant to a sublease dated February 23,
1995 ("Sublease"), is a subleasee under the Original Lease; and
WHEREAS, the Parties and the City have agreed to terminate the
Original Lease and the Sublease, in order that Skydive and the City
can enter into a new lease agreement;
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. Termination of Lease. Subject to the terms and
conditions set forth therein, the Parties hereby agree to
Agreement, subject
Lease between the
concurrently herewith.
terminate the Sublease and any and all addenda, copies of which
are attached hereto and incorporated herein by this reference as
Composite Exhibit "A".
IN WITNESS WHEREOF, the Parties hereto have set their hands
and seals the day and year first above written.
Title:
The City of Sebastian hereby acknowledges its approval of the
to the terms and conditions of the Airport
Sublessee and the City being executed
City of Sebastian
Thomas W. Frame
City Manager
Ka~hry~'M~
CMC/~
Approved by ~e City of Seba~l~n:
City Mana.~ ·
City Clerk
City Attorney
__ORIGINAL SUB-LEASE BETWEEN PRICE
AND SKYDIVE SEBASTIAN OF SO. FL"--
BUSINESS SUB LEASE
THIS AGREEMENT, entered into this ~2 day of February 1995, between Charles
Clay Price, hereafmr called the Lessor, party of the first part, and SKYDIVE
SEBASTIAN OF SOUTH FLORiDA,. INC., hereinafter called the Lessee, party of the
second part:
WITNESSETH, that the Lessor does this day sublet unto said Lessee, and said Lessee
does hereby h/re and take aa tenant under said Lessor, the property aa identified by as
"Attachment A" made a part of this agreement. Lessee agrees to use said property for the
exclusive purpose of conducting aviation activities, including skydiving operations, and
for no other purpose or uses whatsoever, for the remaining term of that certain Lease
agreement between the City of Sebastian and Chartes Clay Price dated September 29,
1993 identified by as "Attachment B", at and for the agreed total rental of $1.00 and other
valuable consideration. Lessee will not sublet the premises without Lessor's written
permission, such permisSion shall not be unreusonably withheld, and without the written
consent of the City of Sebustian. Lessee shall not transfer 50% or more of its outstanding
common stock without the prior wduen eonseat of the City of Sebastian.
T~_.e following express stipulations and conditions are made a part ofthls sublease and are
hereby assented to by the Lessee:
FlOC.ST: Lessee shall provide to Lessor a copy of any insurance required by thc
City of Sebustian, with Lessor and the City of Sebastian named aa additionally insured.
SECOND: The Lessee shall name Lessor and the City of Sebestian under all
indemrdflcation and hold harmless agreements used by the Lessee's clients.
Additionally, Lessee shall provide the City of Sebastian and Charles Clay Price with a
hold harmless and indemnification agreement for actions or claims arising from the
conduct of its operations or out of this sublease.
THIRD: Lessee agrees to accept the premises in the condition they are in at the
begmuing ofth/s sublease and agrees to maintain said premises in the same condition
during the term of said suble~se.
FOURTH: This conu'act shall bind the Lessor and Lessee and their agents,
successors, and heirs as the ease may be, of the sublease.
FIFTH: Violations of any provisions of this sublease or any provisions of
attachment "B" shall be grounds for the termination of this sublease.
SIXTH: Lessor shall not be relieved of any obligations to the City of Sebastiau
under the terms of its lease with the City of Sebastian by virtue of this sublease.
SEV'~qTH: Lessee ackrtowledges the existence of the certain Lease agreement
between Charles Clay Price and the City of Sebastinn dated September 29, 1993 (the
"Lease"), identified by as "Attachment B" made part of this agreement. The Lessee
ag~'..ees to be bound by the term~ and conditions of the Lease and agrees that if there is any
conflict between the terms of this Business Sub Lease and the Lease, the terms of the
Lease shall control the r/ghts and obligations of the Lessor and the Lessee.
IN WITNESS WHERE OF, the parties hereto have hereunto executed this instrument for
the purpose herein expressed, the day and year above written.
Approved by the City of Sebastian:
City Mana e~r
City Clerk
By 6~-
City Attorney
HOLD HARMLESS AGREEM'R~,NT
Skydive Sebastian of South Florida, Inc. hereby holds the City of
Sebastian harmless and will indemnify the City of Sebastian from
any and all liability, claims, demands, lawsuits and judgments
arising out of Skydive Sebastian of South Florida, !nc.'s
activity on or use of the leased .facilities, surrounding land
areas and taxiways at the Sebastian Municipal Airport.
qkn~w Grimwade
President of Skydive Sebastian of South Florida,
~nc.
STATE OF FLORIDA
COUNTY OF
Sub c~q~bed and sworn to~(o,r affirmed) before me this
who is personally k~ow to me or has produced FL. ~[.
as identification.
( s F3_5);
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SuLgnature ~f Notary Public
Commission No.
Printed me of Notary Public