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HomeMy WebLinkAbout1979 Agreement and Addendum J&S Aviation, Inc.ADDENDUM TO LEASE DATED MARCH 1, 1979 BY AND BETWEEN THE CITY OF SEBASTIAN ("LESSOR") AND J & S AVIATION, INC ("LESSEE"). The parties hereto agree as follows: 1. Removal and Replacement of Tanks: Lessor hereby agrees to undertake the removal and replacement of the underground fuel storage tanks currently located on the leased premises (the "fuel farm") under the terms and conditions provided herein; said fuel farm being more particularly described as: two (2) two thousand (2,000) gallon fuel storage tanks, and two (2) three thousand (3,000) gallon fuel storage tanks. 2. ComDliance with Governmeqtal Lawss: Lessee agrees and warrants that the fuel farm shall a maintained and managed by Lessee in accordance with all applicable laws, rules and regulations currenty in effect and hereinafter imposed by federal, state and local governing authority. 3. Indemnification: Lessee hereby agrees to indemnify, defend and hold Lessor harmless from and against any and all expenses, costs, damages, judgments, liabilities and reasonable attorney's fees incurred by Lessor resulting from any claims, causes of action, demands, lawsuits, proceedings or actions of any party arising from or in any way connected to the operation of said fuel farm by Lessee, its agents or employees or for any conditions existing on the leased premises relating to said fuel farm. 4. Addition to Rent: Lessor's costs in removing and replacing the fuel farm as provided in Paragarph 1 above shall be amortized over the useful life of the fuel farm, using an interest rate equal to the rate Lessor receives on money deposited with the State Board of Accounts (the "SBA") plus one percent (1%), and shall be payable monthly by Lessee along with the monthly rent payment due Lessor under the Lease, commencing on the loth day of the month following the month in which Lessor completes replacement of the fuel farm. For purposes of this Paragraph 4, the useful life of the fuel farm shall be deemed to be thirty (30) years. The addition to rent established under this Paragraph 4 shall be recalculated on a yearly basis on the anniversary date of Lessor's completion of the replacement of the fuel farm using the then current interest rate received by Lessor from the SBA plus one percent (1%). IN.bJTNESS WH �EOF, the parties have set their hands and seals this �iay of ,(_ �LnirYll , 1991. Attest: CITY OF SEBAST By QQ// Kathryn M. O"Halloran, W. 6onyers Mayo CMC/AAE City Clerk (SEAL) Appro d as to form and con nt: C arles Ian Nash, City Attorney Attest:, J & S AVIATION , iINC. • J� r GU��� By /fs° Zu P dk r Aecretary hVan Antwerp, President LEASE 'I'IIIS LI•:ASIi, made :nd enlared into this /.1 4_ day of 19'19, by and heLween Ilia CITY OF SEOASTIAN, a Plor.ida manic i.pal.ity, party of the first part, hereinafter called ihn i,e:;.or and corpr.n`ion, John VanAntwerp, President; Syble VanAntwerp, Secretary/Treasurer, of Sebastian, Florida, party of the second part, hereinafter called the Lessee; WTTNES E"I'II: That .in consideration of the covenants and prumiscs lierui.n contained by the parties, the Lessor does heruby lease to the Lessees the following described facilities, located at Sebastian, Indian River County, Florida, to wit: nmmneamn Lesser lea:;,,s to the Lessee said airport 1"aci lilies and land for a term of twenty years, commencing";L7 and Lc rmi nating with an option on the part of the i.-:;:;eo for an additional t.wen Cy years, upon terms to be agreed upon at that time, between r.e.sor-Lessee, provided Lessee notifies i.e:;sor in writing at least ninety (90) days before the termination Of this Lease of his intention to exercise said option. I. Rent. 'rho part ios agree that the rent for the term cif this lease shall be as follows: $300.00 per month, due_ the loth day of each month, plus 2C per gallon of aircraft and fuel sold by'the Lessee plus 1/2 of Lhe parking fees col.locted by the Lessee, the rate of which is currently $1.00 per day and a maximum of $10.00 per month. This parking fee is subject to change upon approval. of the airport runmri:::;i on. 2. LESSEE AGREES to pay all utilities for the premises, cusLodial services, to mainti'. r: the grounds, buildings and facili- ties on the ].eased aroporty in accordance with the reguir:emeuts of the Airport commission, the City of. S(Anistian and the FAA; 1.0 keep the build.i. jigs and hcreafl.er erected premises insured by fire, PAGE 1 r•xl ollded cover mp:, :1 ndiu.l Ihr•I"C, wind:a orm . 1 ai I(!I M. e.o11L- sion and Lo maintain liabiLi.Ly insurance of not less than'$500,000/ $1,000,000/$5000,000 with a company or companies, to he approved by the Lessor. Lessee will furnish copies of said policies showing the ini:erest of Lessor in the ]eased airport facilities and paid up annual premium receipts to the Clerk of the City of Sebastian. The above insurance limits shall be reviewed annually as to coverage docimA necessary by the Airport Commission. 3. Nothing in this lease shall be construed to require the Lessee to repair, replace or rebuild, as the case may be, build- ings or other property damaged or destroyed by wind, fire, water or other agencies or events beyond the control of the Lessee except as to the proceeds of the insurance policies permitting such repair or replacement. In the event the Lessee does not elect to repair, re- plare or rebuild, the proceeds of said insurance policies shall be paid to Lessor less any existing and outstanding liens, pledges or mortgages. A. LISSSIiF. SIIALL have the right to use the above -described property for any lawful purpose associated with the use of aircraft and/or an airport and shall have the right to construct upon said property any buildings or other structures that may be proper for such use, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or struc- Pnn•s are approved by the Airport r,miminsion and FAA. Lessee covenants and agrees that ill s,uih consi_r.ucLion shall be in accord- ance with the local codes, ruinl.al.ions and requirements and pursuant: to all requirements of the FAA. 5. LRFSGB SUAid, have the non-exclusive ri.rlht under this Ledge Lo ma.Lntain and opera Le a fired -base operation and to pro- vide sale of avintion gas, oil, aircraft maintenance and repair, flight instruction, charter and rental flights of aircraft, rental of automobiles, lease hangar space and provide ti,e_ down and other aircraft services, conduct sales and service of the aircraft, pro- vide any and all services and products incident to the airport operation normally associated with said operation, in compliance with all ordinances of the City of Sebastian and FAA requirements. PM]S 2 6. IT Is iuTUALLY ArREED that the Le,sce shall not loll, transfer., sublet, assign or oncumber this lease to anyone without: the permission of the Lessor, this being a personal lease between Lessor and Lessee. Any subordination, pledge or mortgage of the above doscr.ibed premises shall be done only by prior written ap- proval of the City of Sebastian, which approval shall not be un- reasonably withheld. 7. LANDING FN1iS. Landing fees are specifically prohi- bited by this agreement so long as no one else is permitted to charge landing fees, as the use of the airport is for the general public. 8. IN CASE OF BREACH of this lease by the Lessee, or the expiration of the Lease, or any extension hereunder, that may be granted, the Lessee agrees to surrender possession of said facili- ties and all the buildings, edifices, etc., that are constructed by the said Lessee shall then become the property of the Lessor. 9. IN TUE EVENT the U.S. Government at any time during the term of this Lease takes over the oi,eration or use of said air- field and/or airport with the result that the Lessee is unable to operate under the terms of this lease, then the Lease shall be ex- tended for an additional period equal to the time the Lessee has been deprived of the value of this Lease. 10. IN THE EVENT of eminent domain proceedings or any other proceeding which results in loss to the Lessee of a substan- tial porLion of the premises leased by the Lessee, Lessor and Lessee agree that if this loss makes it impractical or unreasonably difficult for the Lessee to carry out the purposes for which the premises were leased, then this Lease may at the option of the Lessee be cancelled and the Lessee is relieved of any obligation to pay rent for the balance of the term of the lease or on the portion lost by the Lessee. In the event of a dispute between the Lessor and Lessee as to what constitutes an impractical or unreasonably difficult condition for the Lessee to carry out the purposes for which the premises were leased, the dispute shall be submitted to couumi.tteo consisting of the fixed -base operator, a member of the Airport Cummi,ssion and a th.i.rd arbiter selected by the fixed --base operator and the Airport Commission. PAGE 3 Tel I -he event: Iho City gets title Lo wai,d structures or property, they shall pay to the Lessee the fair market value of any remain- ing buildings,structures or improvements. 11. LESSOR COVENANTS AND AGREES that it will not impose any restrictions, ordinances or other requirements on the Lessee that interfere with or contradict or infringe upon the requirements and regulations set forth by the FAA or other state and federal agencies as requirements for licensed airport operator or approved airport facility. 12. LESSOR FURTHER COVENANTS AND AGREES to maintain an access road in and out of the airport to the Lessees property, at its expense; to make repairs on the runway as required by the FAA and/or other federal airport agencies. 1.3. LESSEE FURTTIER COVENANTS AND AGREES that the Lessor shall have the privilege at all reasonable times to re-enter the said leased promises for the purpose of inspecting the property and deLermining whether all terms, conditions and covenants and agree- ments herein are being complied with by the Lessee. 14. IT IS MUTUALLY UNDERSTOOD AND AGREED that if the Lessee shall become insolvent or bankrupt or if proceedings for receivership or bankruptcy shall be instituted against him or if he shall make an assignment for the benefit of creditors or in any manner socks, permits or suffers his Leasehold interest hereby created to be transferred or encumbered by operation of law, or otherwise, then and in such event, or in any event of the same or similar legal or equitable consequences or effect, such evunt shall be deemed to constitute a brcacli of this Lease, at the option of. the Lessor so as to terminate all rights, privileges and inter,,::ts of the Lessee herein and hereunder. 15. The Lessor covenants and agrees that during the term of this len:;c, it shall not permit, establish or allow any ot- her fixed -base opera Lions at the Sebastian Airport unless raid fixed base operation is required as consideration for his agreement with the City to establish facilities at least as large in size, and square foot area as that of the Lessee at the time of any subsequent ,agreement by another fixed -base operali.on and the Lessor. PACE 4 16. The Lessee covenants and agrees with the Lessor that it will not transfer over 49% of its stock to anyone except John Van Antwerp or Syble Van Antwerp without written consent of the Lessor. 17. The parties agree that the airport operation will be to serve the general public. In the event Indian River County assesses the City of Sebastian for leasehold purposes, the parties will negotiate for the responsibility of payment of the taxes assessed on this leasehold. 18. The Lessee agrees to maintain for the inspection by the Lessor at reasonable hours and upon reasonable notice to the T�essee, records of fuel sales and parking fees collected by the Lessee. 19. The Lessee agrees to maintain such reasonable hours of operation as to meet the demands of the public. PAGE. 5 IN WITNESS WHEREOF, the parties have hereunto set' their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: to Lessor I.e ee 'Cho foregoing lease CITY OF SEBASTIAN, a Florida municipality �y BY — mayor ATTEST:—`,'� city Clerk J & SS�A�vviiaation, c. (LESSEE) by &L o n Van Antwerp, re en b Syble an ntwerp, Sec. Tres. is hereby approved this _� day ofS7_.rany:� 1979. . PAGE 6 ATTACHMENT A j FROM THE EAST CORNER of Section 29, being also the South corner of Section 30 of the Fleming Grant, Indian River County, Florida, Run 1705.85 ft. bearing F­45'0814911.1 along the Fleming Grant line to a concrete monument, thence run 1137.65 ft. bearina N-44'26'00"W to a concrete monument being the Southwest corner of Tract No. 4 as shown in the Lloyd & Associates Survey, Job 58-142, dated August 12, 1950, thence run 382.22 ft. bearing N-01054'41"E to a point, thence run 367.63 ft. bearing 5-89054138 to a point which is the point of beginning, continuing 219.97 ft. along said bearina being the south edge of the East-West runway of Roseland Satellite Field to a nail & disk, thence run 175.031 ft. bearing N-0'02159"W to a concrete monument, thence run 220.026 ft. bearing N-8915410611W to a concrete monument, thence n m 174.98 ft. bearinq N-0"04155"E to the point of beelinnina, cunt.aining.88 acres more or lets. ,. i2A � IN wurw I WIIRRR01', the portil•n hac hereunto Got t!:eir hands and seals the day and year first above written. Siynud, scaled and delivered in the presence of: o�i I�f LC::.^.UL 'rho foro.loing Icase .t (', 1979. Addendum to Lease: C LTY OF 31:nASTIAN, a Florida mnnicipal.ity ny Clork ,1 & S Aviation, luc. (LLSS6b by om van An werp, re ent IF- bV AA1K /� Syb Ven itntwerp, Sec. Tres. is hereby ,approved t-l:ls -, 1_dt day We the undersigned, City of Sebastian, a Florida Municipality, Lessor and J. & S. Aviation, Inc. Lessee, do by mutual agreement hereby amend that certain lease between the parties dated 1979 as follows: Paragraph 15 on Page 4 is deleted in full, cancelled, null and void and shall have no force or effect. In Witness whereof, the parties have hereunto set their hands and seals this day of 1979. Siqned sealed and delivered in the presence of: !'hi C.'i-.nfrk.C,t City of Sebastian, G� a Florida Municipality /As to the Lessor By-� Mayozc i Attest: Clerk By: I President- John Van Antwerp As to the Lessee Attest: PAI;1: 6 Sec./Tres. Syble Van Antwerp