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HomeMy WebLinkAboutR-22-04 Land Lease Release - FisheRESOLUTION NO. R-22-04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CONSENTING TO THE MUTUAL RELEASE OF ALL OBLIGATIONS UNDER THE AIRPORT LAND LEASE AGREEMENT BETWEEN FISHE FLYING CORP AND THE CITY OF SEBASTIAN FOR CERTAIN PROPERTY LOCATED AT 300 AIRPORT DRIVE WEST ON THE SEBASTIAN AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the City of Sebastian owns certain property at 300 Airport Drive West on Sebastian Municipal Airport; and Whereas, Fishe Flying Corp, having the ownership of buildings and improvements, is a bona fide land leaseholder of said property; and Whereas, Fishe Flying Corp, having now sold its building assets situated on said property to new owner(s) who are about to enter a new land lease agreement with the City of Sebastian, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. CONSENT. The City of Sebastian hereby consents to Fishe Flying Corp being released from all obligations under the Sebastian Airport Land Lease Assignment dated 23 March, 2016 and authorizes the City Manager to execute a letter acknowledging the mutual release of Fishe Flying Corp from the land lease agreement. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member McPartlan The motion was seconded by Council Member Jones and, upon put to a vote, the vote was as follows: RESOLUTION R-22-04 Page 2 Mayor Jim Hill Aye Vice Mayor Fred Jones Aye Council Member Bob McPartlan Aye Council Member Chris Nunn Aye Mayor Ed Dodd Aye The Mayor thereupon declared this resolution duly passed and adopted this 121h day of January, 2022. CITY OF SEBASTIIAN, FLORIDA Mayor Jim ill ATTEST: �{ " r/ 4netteWilliams Cty�ler�� Approved as to form and legality for reliance by the City of Sebastian only: VW151 1151 M IT 45EBASTU% HOME OF PELICAN ISLAND CONSENT TO ASSIGNMENT OF AIRPORT LEASE BETWEEN CITY AND SEBASTIAN AERO SERVICES DATED 28 APRIL 2000 THE CITY OF SEBASTIAN hereby consents to the assignment of that certain LEASE, made and entered into on 28 April 2000 with "Sebastian Aero Services," to Successor Tenant, Fishe Flying Corp., and hereby releases Cooper Trading Corporation from further obligations under said lease. This consent is contingent upon the successful closing of any Sales Agreement between Cooper Trading Corporation and Fishe Flying Corp. within sixty (60) days of the below indicated date. DONE is 23rd day of March 20I6. ATTEST: Sally A. aio — MMC City erk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney CITY OF SEBASTIAN A Municipal Corporation Jo�i'irif t / City Manager Ma SErRsSTM HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: January 12, 2022 Aaenda Item Title: Approval of Resolution R-22-04 consenting to the mutual release of all obligations under an airport land lease agreement between Fishe Flying Corp. (Fishe) and the City of Sebastian for certain airport property located at 300 Airport Drive West on the Sebastian Airport; further authorizing the City Manager to execute a letter acknowledging the mutual termination of said lease. Recommendation: Staff recommends City Council approval of Resolution of R-22-04 authorizing the mutual release of all obligations under the airport land lease agreement between Fishe Flying Corp and the City of Sebastian. Background: On March 23, 2016 Fishe Flying Corp entered into an airport land lease agreement with the City of Sebastian for the former Sebastian Aero Services property located at 300 Airport Drive West. This followed Fishe Flying Corp's purchase of Sebastian Aare Service buildings (an office and a hangar) that were located on the property. Fishe Flying Corp. recently sold these buildings to Gyrocopter Flight Training Academy and consequently Fishe wishes to be released from all obligations of the land lease agreement with the City so as to allow Gyrocopter to enter into their own land lease agreement for this property. This Aaenda Item Reauires No Exoenditure of Funds: Attachments: 1) Resolution R-22-04 2) Copy of the 2016 Airport Land Lease Assignment to Fishe Flying Corp Administrative Services Departme - evi City Attorney Review:/ O Procurement Division Rev! , i a plicab City Manager Authorization: Date: