HomeMy WebLinkAboutR-09-39 AmendmentWITNESSETH:
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:
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 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 4. RENT, of the Lease is hereby amended to read as follows:
4. RENT. The parties agree that the rent, payable by the CITY, during the term of
this Lease shall be as follows:
(a) October 1, 2000 through September 30, 2005 $120,000
(b) October I, 2005 through September 30, 2009 $175,000
(c) October 1, 2009 through September 30, 2015 $135,000
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.
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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, 2009.
ATTEST:
Sally A. M.'. 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 Co .oration
inner, City Manager
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING RESOLUTION NO. R- 00 -48, AUTHORIZING THE CITY
MANAGER TO EXECUTE A NEW 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
WHEREAS, the CITY has determined that the fair value previously established in said Lease
should be adjusted; 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 moved for adoption by Councilmember Hill The motion
was seconded by Councilmember Coy and, upon being put into a vote, the vote was as
follows:
Mayor Richard H. Gillmor
Vice -Mayor Jim Hill
Councilmember Andrea B. Coy
Councilmember Dale I. Simchick
Councilmember Eugene Wolff
The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of September 2009.
Sally A. o, MMC City Clerk
Approved as to form and legality for the
relia by the City of Sebastian only:
Robert Ginsburg, City Attorney
RESOLUTION NO. R 09 39
aye
aye
aye
aye
aye
Richard H. Gillmor, Mayor