HomeMy WebLinkAboutR-96-84
RESOLUTION NO. R-96-84
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AM;ENDING RESOLUTION NO. R-96-57;
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INe.;
PROVIDING FOR AN INCREASE IN THE TENT CAMPING AREA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council, following a public hearing thereon, issued a Special Use
Permit for a camping area to Sebastian Municipal airport sub-lessee, Skydive Sebastian of South
Florida, Inc., by adoption of Resolution No. R-95-57 on September 27, 1995; and
WHEREAS, the City Council of the City of Sebastian, entered into a lease agreement for
real property located at the Sebastian Municipal Airport with Skydive Sebastian of South Florida,
Inc., by adoption of Resolution No. R-96-57 on September 14, 1996; and
WHEREAS, the Planning and Zoning Commission, following a public hearing thereon,
recommended to City Council the approval ofa Special Use Permit for expansion of the camping
area, conditioned upon certain conditions; and
WHEREAS, the City Council, following a public hearing thereon, issued a Special Use
Pennit for a expansion ofthe camping area to Skydive Sebastian of South Florida, Inc., by adoption
of Resolution No. R-96-73 on October 16, 1996, with certain conditions, one of which was that no
camping in the expanded tent camping areas, beyond the previously approved 30' x 30' area, shall be
permitted prior to a modification to the airport lease between the City of Sebastian and Skydive
Sebastian of South Florida, Inc.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 3.
FIRST AMENDMENT TO AIRPORT LEASE AGREEMENT. The City
Council of the City of Sebastian hereby approves and authorizes the City Manager to sign, and the
City Clerk to attest, on behalf of the City of Sebastian, the "First Amendment to Airport Lease
Agreement" between the City of Sebastian and Skydive Sebastian of South Florida, Inc., attached
hereto as Exhibit "A".
Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed, induding Resolution No. R-93-50.
Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon final
passage.
!In ' The foregoing
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Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard 1. Taracka
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_ The Mayor thereupon declared this Resolution duly passed and adopted thi~.fy of
{)~hJ1 , 1996.
CITY OF SEBASTIAN, FLORIDA
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ATTEST: ~~~~~ ff:y~:'nh-d~
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Kathryn . O'Halloran, CMC/ AAE
City Clerk
-
~~eal)
-Approved as to Form and Content:
Uo 0(, ~ ~-e~.g.I)
Valerie F. Settles, City Attorney
3
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF SEBASTIAN
AND SKYDIVE SEBASTIAN OF SOUTH FLORIDA. INC.
This First Amendment is made and entered into this ~ day of
October 1996, by and between the City of Sebastian, a political
subdivision of the State of Florida ("Landlord"), 1225 Main street,
Sebastian, Florida, 32958, and Skydive Sebastian of South Florida,
Inc., 400 W. Airport Drive, Sebastian, FL ("Tenant").
WHEREAS, Landlord and Tenant have entered into that
certain Lease dated September 14, 1996, ("Lease"); and
WHEREAS, Landlord and Tenant have agreed to modify and
amend section 8 of the Lease as set forth herein below.
NOW THEREFORE, in consideration of the mutual covenants
contained herein, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Landlord
and Tenant agree as follows:
1. The foregoing recitals are true and correct and are hereby
incorporated herein by reference.
2. All capitalized terms used herein shall have the same
meaning ascribed to them in the Lease.
3. In the event of a conflict between the terms of this First
Amendment and the terms of the Lease, the terms of First Amendment
shall control.
4. The First Amendment to the Lease Agreement between the
City of Sebastian and Sebastian Skydive of South Florida, Inc.,
amends Section 8 and allows for the expansion of tent camping area.
. .
5. section 8 of the Lease between the Landlord and the
Tenant is hereby amended to read as follows:
8. Used of Leased Premises. The Tenant agrees
that no use of the 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 acti vi ties thereon. The
Tenant agrees that the lease 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, maintenance operation and apron
area, ten space recreational vehicle park
and tent camping areas, as described on
site plan entitled "Master Plan
Improvements, Skydive, Sebastian of South
Florida, Inc.,"sheet 1 of 2, dated
september 25, 1996. The following
activities shall be allowed when City
approved facilities are constructed:
Training Building with bath and shower
facilities, training facilities, off
street parking facilities, and fuel sales
through fuel farm all in accordance with
the approved site Plan and Resolution No.
R-96-73.
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. Such
consent may be withheld by the Landlord for any
reason. All aeronautical businesses and activities
must be certified and licensed by the FAA in the
appropriate categories of their specific operation.
6. Except as modified hereby, all other terms and conditions
of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed this
Agreement as of the day and year first above written.
CITY OF SEBASTIAN
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Andrew Grimwade
President, skydive
Sebastian of South Florida, Inc.
By:, ;~~tV;.~~"-
Thomas W. Fr e
city Manager
By:
ATTES
(Seal)
Approved as to Form and Content:
Valerie F. Settles, City Attorney