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HomeMy WebLinkAbout2018 - 3rd Lease AmendmentSECOND (2ND) AMENDMENT TO SEBASTIAN AERO AIRPORT LEASE Dated: April 28, 2000 THIS SECOND AMENDENTMENT of the AIRPORT LEASE AGREEMENT (hereinafter "Lease") by and between the City of Sebastian (hereinafter "Landlord") and Sebastian Aero Services (hereinafter "Tenant") dated 28 April, 2000, and provides as follows: WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in Indian River County, Florida; and WHEREAS, the Landlord agreed to lease such property under the terms of the Lease to Tenant; and, WHEREAS, the Tenant wishes to modify sections of the Lease as outlined herein; and, WHEREAS, Landlord and Tenant are mutually agreeable to said modification(s); 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: Section 2 of the Lease is hereby amended by the addition of the following: 2. LEASED PREMISES Landlord hereby transfers to Tenant control and management of the Avgas self -serve fuel facility and aircraft tie -down parking area located in front of the Terminal Building on the east side of the airport. This transfer shall run concurrently with the term of the Lease. Tenant understands that this provision shall become null and void, in part or in full, if landlord requires these areas for airport projects/expansion. 2. Section 4 of the Lease is hereby amended by the addition of the following: 4. RENT In addition to the rental terms outlined in the Lease dated April 28, 2000, the Tenant shall pay the Landlord One Thousand Dollars per Month ($1000.00/month) in rental fees for the rental of equipment associated with the Avgas self -serve fuel system. Section 5 of the Lease is hereby amended by the substitution of the following: DISPENSING FUEL As additional rent, Tenant shall pay to the Landlord $0.20 (twenty cents) for every gallon of fuel pumped by the Tenant on the first 30,000 gallons and $0.05 (five cents) for every gallon of fuel pumped by the Tenant over 30,000 gallons on an annual basis. Fuel Flowage fee(s) shall be paid on the last day of the month. For the purposes of Fuel Flowage calculations, the `counter' will reset to zero on October 1" of each year. Fuel Flowage figures are subject to City audit. Additionally, Tenant will maintain at least one (1) certified refueling specialist to conduct daily Avgas quality assurance inspections. Said specialist will keep a daily written log of the fuel quality inspections. 4. Section 7 of the Lease is hereby amended by the addition of the following: USE OF LEASED PREMISES Tenant agrees to provide three (3) tie -down spaces at the Terminal tie -down area for use by transient aircraft parking. Transient aircraft parking shall be offered free of charge for the first three days. Tenant may charge customary industry fees for transient aircraft parking beyond (3) days stay. Tenant shall prohibit aircraft maintenance (other than minor maintenance such as changing a flat tire) from occurring in the Terminal apron parking area. Additionally: Tenant agrees to administer the use of the Airport Curtesy Car and Golf carts for guest use in reaching area restaurants and the golf course. The Landlord will provide maintenance towards the Curtesy Car and Golf carts. Section 8 of the Lease is hereby amended by the addition of the following: REPAIRS AND ALTERATIONS Tenant agrees to repair or replace any and all equipment belonging to the Landlord should the equipment become broke or destroyed. Tenant will pay for elected service agreements. 5. Section 11 of the Lease is hereby amended by the addition of the following: 11. TAXES Tenant agrees to pay all Federal, State, and Local Taxes and Fees as they may apply to the self -serve fueling equipment and the sale of Avgas. 6. Section 12 of the Lease is hereby amended by the addition of the following: 12. LIABILITY INSURANCE Tenant will maintain Environmental Liability insurance with regard to Avgas storage and spillage with the City of Sebastian as an additional insured. 7. Section 34 of the Lease is hereby amended by the addition of the following: 34. MISCELLANEOUS Tenant agrees to purchase Avgas present in storage inventory, calculated according to the fuel quantities reflected in Siteminder and based upon the per gallon amount last paid by the city for Avgas. Tenant will reimburse the City via a lump sum payment on October 1, 2018. The terms of the original Airport Lease (dated April 28, 2000) shall remain in effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal this 12th day of September, 2018. City of Sebastian A Municipal Corporation By I Carlisle, City Manager Attest anett_e-�illintSs,.MMC City Clerk (Seal) Sebastian Aero Services, Inc. By Stephen Fish r As approved as to Form and Legality for Reliance by the City of Sebastian only Jos Stokes, City Attorney