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Home My WebLink AboutR-86-4 Amendment-2- •1. The City of Sebastian, Florida shall utilize the existing 154 acres of the Municipal Airport as the Sebastian Municipal Golf Course and related recreational facilities open to all persons. 2. The City of Sebastian Municipal Golf Course shall pay the Airport Fund a use fee for the use of the said 154 acres at the following rate starting for use commencing on December 12, 1981. 1981 $.700.00; 1982 $34,496; 1983 $34,496; 1984 $34,496; 1985 $34,496. On December 1, 1986, 1991 and every five (5) years thereafter, the $34,496. use fee shall be adjusted by applying the consumer price index for the respective increase year and be due annually, using the December 1, 1981 nation wide consumer price index as the base. The City shall pay arrerages of $93,684.00 not paid here- tofore of not less than 10% per year with interest thereon on five (5) percent per annum commencing on the date of this resolution. 3. The City recognizes 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 July of 1986, 1991 and every five years thereafter the City will compare the base price index for December of 1981 and the annual fee payments shall be increased or decreased on December 1, 1986, 1991, etc. in the same proportion as said July index -has increased or decreased) with the price index for Decmeber, 1981— In no event, however, shall the use fee decrease below the sum of $34,496.00. 4. The City reserves unto itself, its successors, and assigns for the use and benefit of the public, aright of flight for the passage of aircraft in the airspace above the surface of the real property used as the Sebastian Municipal Golf Course, together with the right to cause in said airspace such noise as may be inherent in the operations of aircraft, now know or hereafter used,for the navi- gation of or flight in the said airspace, and for the use of said airspace for landing on, taking off from or operating on the airport. 5. The City shall restrict the height of structures, objects of natural growth and other obstructions to such a height so as to comply with Federal Aviation Regulation, Part 77. 6. The City shall not use the said 154 acres for any use which would interfere with or adversely affect the operation or maintenance of the airport,or otherwise constitute an airport hazard. Clear zones shall remain clear of any permanent structures and Golf Course activity. 7. The City shall provide police and fire protection and necessary administrative services to the Sebastian Municipal Airport for no charge as an additional use fee which is in addition to the cash payments that the Golf Course shall remit to the Airport Fund. 8. The City shall not on the grounds of race, color or national origin discriminate nor permit discrimination against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. The City shall take such actions as the United States may direct to enforce this non discrimination provision. -9. The City shall continue to keep the established Airport 4ccount separate from any other City Funds. 10. All of the provisions of the Quit -Claim deed of January 29, 1959, pertain to the said 154 acres used as the Sebastian Municipal golf Course. 11. This Resolution shall have a term of twenty (2) years with a right of the City to extend the term hereof for an additional twenty (20) years, upon approval of the Federal Aviation Administration, it successors or assigns. 12. After approval hereof by the Federal Aviation Administration, this Resolution may be amended only with the express written approval of the Federal Aviation Adminsitration, its successors or assigns. THIS RESOLUTION SHALL BECOME EFFECTIVE UPON APPROVAL BY THE FEDERAL AVIATION ADMINISTRATION AND ADOPTION BY THE CITY COUNCIL. the City of Sebastian, Florida, on the /3f day of 1986. ATTEST: THIS RESOLUTION was passed and adopted by the City Council of Deborah C. Kr,ages, City Cler Thomas C. Palmer City Attorney CITY OF SEBASTIA By: C: By: a Title: Date: Gallagher, Mayor Approved as to form and legal Approved by the Federal Aviation sufficiency: Administration: RESOLUTION A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, OBLIGATING THE SEBASTIAN MUNICIPAL GOLF COURSE TO PAY AN ANNUAL USE FEE TO THE MUNICIPAL AIRPORT ACCOUNT FOR THE USE OF AIRPORT PROPERTIES AS A MUN- ICIPAL GOLF COURSE AND OTHER OBLIGATIONS REGARDING THE USE OF THE MUNICIPAL GOLF COURSE. WHEREAS, The United States of America, by Quit -Claim Deed, dated, January 29, 1959, granted to the City of Sebastian, 604.44 acres, more or less, which lands are known as the Sebastian Municipal Airport; And WHEREAS, The City of Sebastian has spent more than one and one half million dollars of its money without any monies from the Government to the United States or the State of Florida, to make improvements to approximately 154 acres of the said Airport in the development of the Sebastian Municipal Golf Course; And WHEREAS, The development of the said 154 acres as a Municipal Golf Course has directly and indirectly greatly benefited the Airport property; And WHEREAS, The Sebastian Municiapl Golf Course is a public Recreation facility open to any person who wishes to utilize the facilities without exception or qualification; And WHEREAS, The Sebastian Municipal Golf Course is run exclusively by the City of Sebastian, and there is no private enterprise thereon; And, WHEREAS, All revenues to pay for all expenses at the Sebastian 'MunicipalGolf Course come only from the collection of fees from the users of the Golf Course and without recourse from the general funds of the City; And WHEREAS, Paragraph 6 of the Quit -Claim Deed of January 29, 1959, and sub paragraph (9) (2) (A), of Title 50, App. §1622. of the United States Code, provides that the Sebastian Municipal Airport shall not be used for other than airport purposes without written consent of the Administrator of the Federal Aviation Agency, which consent shall be granted after the Administrator finds that such property can be so used for other than airport purposes without materially and adversely affecting the development, improvement, operation or maintenance of the airport; And WHEREAS, In view of the foregoing, the Airport Funds shall be paid for the use of the airport property for use as recreational facility. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: