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HomeMy WebLinkAbout2011 01 05 1st Amendment Lease City & FLSFIRST AMENDMENT OF THE LEASE BETWEEN THE CITY OF SEBASTIAN AND FISHERMAN'S LANDING SEBASTIAN, INC. THIS FIRST AMENDMENT of that certain lease between the CITY OF SEBASTIAN, a municipal corporation (hereinafter called "LESSOR ") and FISHERMAN'S LANDING SEBASTIAN, INC., a non - profit corporation organized and existing under the laws of the State of Florida (hereinafter called "LESSEE "), dated July 28, 2010, provides as follows: WITNESSETH: WHEREAS, the Lessor is the owner of property located at 1532 and 1540 Indian River Drive, Sebastian, Florida; and, WHEREAS, the lease was executed to promote and develop a working waterfront in Sebastian, Florida to stimulate commercial fishing and tourism in the community's recognized redevelopment district; and, WHEREAS, the Lessor and Lessee wish to modify the Lease to expedite the central purpose of the agreement and take advantage of cost saving measures. NOW, THEREFORE, in consideration of the mutual covenants hereafter provided, the receipt and sufficiency of which are hereby acknowledged by the parties have agreed as follows: Paragraph 8 titled "Improvements" is hereby amended to read as follows: 8. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE as is. The LESSEE agrees as follows: A. LESSEE agrees at its sole cost and expense to design, construct and maintain the following improvements at 1532 Indian River Drive: (1) Restoration and creation of a new fish house. The fish house shall serve as the primary weighing and fish processing station. The fish house will also provide a visitor's station enabling a safe and convenient location for the general public to view and be educated about the commercial fishing industry in Sebastian. (2) Install and maintain new aquaculture equipment including raceways and upwellers as necessary for the operation of the working waterfront. (3) Install and maintain new docks and boat slips as may be determined by the LESSEE as necessary for the operation of the working waterfront. (4) Clear all debris; install and maintain new landscaping along the uplands portion of the Premises. (5) Install a north /south "public access" boardwalk along the shoreline in order to link the waterfront properties to the immediate north and south of the premises. Lessee shall make improvements at their discretion as scheduling and funding permits. B. As an Economic Development component of the Stan Mayfield Working Waterfront Grant, LESSEE agrees to solicit and oversee business operations that will be located at 1540 Indian River Drive. Enterprises that may be located in 1540 Indian River Drive will support commercial fishing operations and may include: (1) Fish Market, with limited seating for food and beverage service; (2) Hosting of community events and demonstrations educating and celebrating the contributions, history and heritage of Sebastian's commercial fishing industry; (3) Smoke House and Seafood Operations; and, (4) Other ancillary business /activities as approved by the LESSOR and the Florida Communities Trust. C. LESSEE acknowledges the existing conditions at 1540 Indian River Drive and will make the following improvements in order to entice ancillary waterfront business: (1) Repair Air Conditioner; (2) Roof Repair; (3) Interior and Exterior Painting (wall remediation); (4) Electrical; and, (5) Exterior Restroom Entry. LESSOR shall pay LESSEE up to $250,000 for making said improvements. Funds shall be paid to LESSEE for improvements based on pay request submitted to LESSOR as improvements are made. Substantial completion of improvements shall be made by September 30, 2011. LESSOR shall remain the owner of the facility located at 1540 Indian River Drive and will not be relieved of any future capital improvements or maintenance that may be required at the facility. To that end, LESSOR shall seek grants and /or dedicate other funds to finance future maintenance or improvement costs. D. LESSEE shall obtain the written approval of LESSOR prior to making any improvements, alterations, installations, additions to existing structures or new structures to be placed or constructed on the Leased Premises. At the end of the term of this Lease, LESSEE shall deliver the premises to LESSOR in good repair and condition, reasonable wear and tear excepted. All installations, alterations, additions and improvements on the Premises shall become the property of LESSOR, and on termination of the Lease Term shall be surrendered with the Leased Premises in good condition, except any privately owned or leased equipment. E. All plans and specification for such renovations, improvements or construction shall be submitted in writing to the LESSOR for approval which shall not be unreasonable withheld or delayed. F. Unless otherwise expressly prohibited herein, it shall be LESSEE'S sole responsibility to obtain all necessary governmental approvals for the Leased Premises, including, but not limited to all necessary LESSOR development approvals and permits as well as any other agency approvals and permits. Nothing herein shall be deemed to waive or imply waiver of any City of Sebastian governmental regulation or fee applicable to the review, renovation or development of the Leased Premises by LESSEE nor any waiver of LESSOR'S rights as Owner of the subject property. Nothing herein shall be deemed to waive the LESSOR'S police powers. It is expressly understood, and agreed by LESSEE, that LESSOR shall not be liable to LESSEE for any expense loss or damage incurred by LESSEE resulting from the failure of LESSOR or any other governmental entity to approve any or all necessary governmental approvals or permits required for the Leased Premises. LESSEE acknowledges that the Leased Premises are located within the Sebastian Community Redevelopment District and thus any change to the premises is subject to such District's authority as well as provision of Chapter 163, Florida Statutes and any future ordinances, statutes or other regulations applicable within the District. G. All structures and fixtures to be constructed upon the Leased Premises shall be owned by LESSEE during the term of the Lease and shall be exclusively controlled by LESSEE. However, upon expiration, termination, revocation or surrender of this Lease, LESSOR shall become owner of all structures, fixtures and improvements. LESSEE agrees to execute bills of sale, documents of conveyance and assignments of warranties upon request. All remaining terms and conditions of the initial Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hand thi 5 ATTEST: Sally A. M , MMC City Clerk/ APPROVED AS TO FORM AND CORRECTNESS op Robert A. Ginsburg City Attorney 6 &Zk W Witness By: CITY OF SEBASTIAN A Municipal Corporation ";li ill ayor FISHERMAN'S LANDING SEBASTIAN, INC. Charlie Sembler President