HomeMy WebLinkAboutR-15-30 AmendmentRESOLUTION NO. R-15-30
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO SECTION 3 "TERM OF LEASE" AND SECTION 4 "RENT" OF THE LEASE
AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF LAND
FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE
SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has leased a portion of the Sebastian Municipal Airport
Property for use as a municipal golf course since 1981 and approved a lease agreement by adoption of
R -86-4A; and
WHEREAS, the CITY has determined to amend the tern of the lease for an additional thirty
(30) years, with an ending date of September 30, 2045; and
WHEREAS, the CITY has determined that the fair value previously established in said Lease
should be adjusted; and
WHEREAS, in 2000, a new lease agreement was adopted by Resolution No. R-00-48, and then
in 2009, Section 4 "Rent' was amended by adoption of Resolution No. R-09-39, Resolution No. R-13-
31; and Resolution No. R-14-26; and
WHEREAS, the Airport is agreeable to said changes to said Lease,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The City Manager is hereby authorized to execute the City of Sebastian Airport
Lease Amendment as attached hereto as Exhibit "A".
Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed.
Section 3. This Resolution shall take effect immediately upon its adoption.
The foregoing Resolution was ove for adoption by Councilmember L� The motion
was seconded by Councilmember and, upon being put into a vote, the vote was as
follows:
Mayor Richard Gillmor 2
Vice -Mayor Jerome Adams
Councilmember Andrea B. Coy ZW
Councilmember Bob MCPartlan
Councilmember Jim Hill
The Mayor thereupon declared this Resolution duly passed and adopted this 23d day of September 2015.
Ail • •' I1
ATT C
Sally A. M' , MMC City Clerk
Approved as to form and legality for the
reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
e-15'30 Ex(4te1-r '.�„
AIRPORT LEASE AMENDMENT
THIS AMENDMENT of that certain AIRPORT LEASE dated
August 23, 2000 (hereinafter called "Lease"), providing for the use
of land from the Sebastian Municipal Airport in the operation of the
Sebastian Municipal Golf Course, by and between the City of
Sebastian (hereinafter called "City"), a municipal corporation
existing under the laws of the State of Florida, provides as follows:
WITNESSETH:
WHEREAS, the CITY is the owner of certain property located in the County of
Indian River, Florida; and
WHEREAS, the certain property constitutes a portion of the Sebastian Municipal
Airport (hereinafter called "Airport"); and
WHEREAS, the CITY has leased a portion of such property from the Airport
Enterprise Fund, for use of the Sebastian Municipal Golf Course; and
WHEREAS, the CITY has determined that the rent based on fair value previously
established in said Lease should be adjusted; and
WHEREAS, the CITY wishes to modify said Lease; and
WHEREAS, the Airport is agreeable to said changes to said Lease; and
WHEREAS, the CITY desires to continue to lease the said property from the Airport,
and to that end and in consideration of the premises, and the covenants, terms and
conditions to be performed as set forth hereinafter,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
provided, it is decreed as follows:
Section 3. TERM OF LEASE, of the Lease is hereby amended to read as follows:.
3. TERM OF LEASE. The extended term of this Lease shall be for a period of thirty
(30) years commencing October 1, 2015, and will end on September 30, 2045.
Section 4. RENT, of the Lease is hereby amended to read as follows:
4. RENT. The parties agree that the annual rent, payable by the CITY, during the
term of this Lease shall be $100,000. Future adjustments shall be based on changes in
property values, when and if they are considered necessary by the City Council. The
rent for the leased premises shall be payable in advance, in monthly installments,
commencing from the date of commencement of this Lease, as described above and on
a like day of every month thereafter during the term of this Lease. In addition to the
rental amount, the Tenant shall pay all applicable taxes arising from this Lease, if any.
The parties recognize that the purchasing power of the United States dollar is
evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index
of Consumer Prices. In January each year, the Landlord will compare the most recent
price index with the base price index for the prior year, and the yearly rent amount for
the following fiscal year, and every year thereafter until the expiration date of the
lease, shall be adjusted based upon changes in the price index.
All remaining terms and conditions of the initial Lease shall remain in full force and effect.
This document contains two (2) pages.
APPROVED by the City Council at its regular meeting on September 23, 2015.
ATTEST:
Kif/• /{'I ��
Sally A. aio, MMC
City Clerk
Approved as to Form and
Legality for Reliance by the City
of Sebastian only:
Robert Ginsburg, City Attorney
CITY OF SEBASTIAN
A Municipal Corporation
By:
Joe Griffin, City Manager