Resolution No

Size: px

Start display at page:

Download "Resolution No"

Dorcas Harmon
5 years ago
Views:

1 COUNTY COUNCIL OF WICOMICO COUNTY, MARYLAND 2015 Legislative Session Legislative Day No. 19 Resolution No Introduced by: The President of the Council at the request of the County Executive A RESOLUTION APPROVING A SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN WICOMICO COUN1Y MARYLAND AND BAY LAND AVIATION. INC. FOR A ONE STORY OFFICE BUILDING KNOWN AS FBO(BAYLAND)/G.A. TERMINAL LOCATED AT THE SALISBURY-OCEAN C[W: WICOMICO REGIONAL AIRPORT. WHEREAS, pursuant to Section 22-1 of Chapter 22, entitled County-owned property paragraph E, the County Executive is authorized and empowered to lease County property in furtherance of public purposes: and WHEREAS, approval of the County Council is required for any lease of County property for a lease term of more than one year; and WHEREAS, the County Executive desires to renew the Lease Agreement with Bay Land Aviation for the use of a one story office building measuring approximately sixty feet by fifty feet known as FBO (Bayland)/G.A. Terminal located at the Salisbury-Ocean City: Wicomico Regional Airport; and WHEREAS, the Second Amendment to Lease Agreement shall be for a period of ten years: and WHEREAS, the annual rental rate shall be Seventeen Thousand, Nine Hundred Forty Dollars ($17,940.00), which will be adjusted annually based on the published Consumer Price Index for All Urban Consumers; and WHEREAS, the leased property will be used for conducting a flight training aircraft rental and charter service and serve as a general aviation terminal for the convenience of the residents of Wicomico County and businesses and visitors of the Salisbury-Ocean City: Wicomico Regional Airport. NOW, THEREFORE, BE IT RESOLVED by the County Council of Wicomico County, Maryland that the County Executive be, and is hereby, authorized to execute, on behalf of the County, a Second Amendment to Lease Agreement in substantially the same form aftached as Exhibit A. with Bay Land Aviation, Inc. for a term of ten years, at a rental rate of Seventeen Thousand, Nine Hundred Forty Dollars ($17,940.00), to be adjusted annually based on the published Consumer Price Index for All Urban Consumers. Done at Salisbury, Maryland, this 15th day of September, 2015.

2 AHEST COUNTY COUNCIL OF WIC CO COUNTY. MARYLAND Mafthew E Creamer, John T. anno Council Administrator Council President Certification This Resolution was Adopted Adopled with p nets J3ed. Withdrawn, by the County council on September ] /, / - Certified by 1- afthew E. Creamer, Council Administralor

of July, 2015, by and between Wicomico County Airport Commission, acting for and on behalf of the State of Maryland, (hereinafter Bay Land or Lessee ), THIS SECOND AMENDMENT TO LEASE AGREEMENT, made

3 of July, 2015, by and between Wicomico County Airport Commission, acting for and on behalf of the State of Maryland, (hereinafter Bay Land or Lessee ), THIS SECOND AMENDMENT TO LEASE AGREEMENT, made effective the 1st day SECOND AMENDMENT TO LEASE AGREEMENT (hereinafter Airport Commission or Lessor ), and Bay Land Aviation, Inc., a body corporate of Wicomico County, Maryland, a body corporate and politic of the State of Maryland attended as follows: a COLA; and to provide for the renegotiation of the rental payments in the event of substantial 3. Article Three of the Lease Agreement by and between the parties hereto, shall be The term of this Lease Renewal shall he for a period often (10) years the both parties. beginning date of which shall be July 1. OO 2015 and shall terminate June 30, additional ten (10) ycars upon giving of six (6) months written notice to the Airport Commission upon terms to be renegotiatcd to the mihini mti Enrtinn of Lessee shall have the option to renew this Lease Agrccment for an ARTICLE TWO parties hereto, shall be amended as follows: I. Article Two of the Lease Agreement dated September , by and between the and other good and sufficient consideration, the parties hereto agree as follows: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein additional ten (10) year period, adjusting the rental. CPI-U calculation and including Airport WHEREAS. the Lessee desires to exercise the option to renew the Lease for (lie Assurances requirements. adjust the previous agreed rental payments by renting the said premises for a base rental rate plus ten year (10) year period, with an option to renew for one additional ten year (10) period; to WHEREAS, the parties hereto have previously entered into a First Amendment to Lease Agreement modifying the Lease to renew the previous twenty (20) year lease, for an additional improvements to the terminal: and September for property improved by a masonry block one-story office building measuring approximately Sixty Feet by Fifty Feet (60 x 50) now designated as the FBO (Bayland) /G.A. Terminal, Building 21 on the Airport Layout Plan prepared by Delta Airport WHEREAS, the parties hereto have previously entered into a Lease Agreement dated Consultants. Inc.. dated November Salisbury-Ocean City: Wicomico Regional Airport; and WITNESSETH: H EXHIBIT

ARTICLE III Lessee, in consideration for the occupancy and use of the herein demised premises, hereby promises to pay to the Airport Commission the following rental: A. From January 1.

4 ARTICLE III Lessee, in consideration for the occupancy and use of the herein demised premises, hereby promises to pay to the Airport Commission the following rental: A. From January JULY 1, 2015 through June 30th, One Thousand Three Hundred Fifty Dollars ($1,350.00) ONE THOUSAND FOUR HUNDRED NINTETY-FIVE DOLLARS ($1,495.00) per month for a total rental of Fifty six Thousand Seven Hundred Dollars ($56,700.00) SEVENTEEN THOUSAND NINE HUNDRED FORTY DOLLARS (S ); B. Beginning July 1. 2OO 2016 and every fifth ycar ON THE 1ST DAY OF JULY EVERY YEAR thereafter, the rent shall be adjusted in accordance with the percentage change in the index known at the time the Lease Agreement is executed as the United States Bureau of Labor Statistics Consumer Price Index (CPI) for Alt Urban Consumers. The percentage change shall be the total increase in the index over the previous year period. This adjustment shall be referred to as the CPI Adjustment. If the CPI ceases to be published, the successor index shall be used. In no event shall the rental rate be less than the rental rate set for the previous five year of the lease agreement. fle 4. Article Nine of the Lease Agreement by and between the parties hereto, shall be amended by adding the following: Lessee shall: ARTICLE NINE (18) FURNISH SAID SERVICES ON A REASONABLE. AND NOT UNJUSTLY DISCRIMINATORY, BASIS TO ALL USERS THEREOF. (19) CHARGE REASONABLE, AND NOT UNJUSTLY DISCRIMINATORY, PRICES FOR EACH UNIT OR SERVICE, PROVIDED THAT THE CONTRACTOR MAY BE ALLOWED TO MAKE REASONABLE AND NONDISCRIMINATORY DISCOUNTS, REBATES, OR OTHER SIMILAR TYPES OF PRICE REDUCTIONS TO VOLUME PURCHASERS.

First Amendment, not herein specifically modified or supplemented are hereby ratified and confiriried and shall continue in hill force and effect. 6.

personally appeared deed of the County Executive on behalf of Wicomico County, Maryland.

WICOMICO COUNTY TO WIT: atrick L Nelms. Prerent WITNESS BAY LAND. VIATION. INC. Wayne Strausburg Matthew E.

5 First Amendment, not herein specifically modified or supplemented are hereby ratified and confiriried and shall continue in hill force and effect. 6. The provisions of the Lease Agreement dated September 1, 1984, as amended by the (CAPITALS) indicate amendments to the original lease, as amended by the First Amendment. AS WITNESS my hand and NotaHal Seal. each acknowledge the aforegoing Second Amendment to Lease Agreement to be the act and the subscriber, a Notary Public, in and for the state and county aforesaid, personally appeared deed of the County Executive on behalf of Wicomico County, Maryland. Bob Culver, County Executive, attested by Wayne Strausburg, Director of Administration; and B> : I HEREBY CERTIFY that on this day of,2015. before me. STATE OF MARYLAND. WICOMICO COUNTY TO WIT: atrick L Nelms. Prerent WITNESS BAY LAND. VIATION. INC. Wayne Strausburg Matthew E. Creamer Iii,Chairman BY: ATTEST: WICOMICO COUNTY AIRPORT COMMISSION Wayne Strausburg. Director Bob Culver. County Executive BY: ATTEST: WICOMICO COUNTY. MARYLAND Lease Agreement the day and year first above written. ES WITNESS WHEREOF, the parties hereto have executed this Second Amendment to (Strike out) indicates material deleted from the original lease. Words and phrases in capitals 5. The words and phrases shown in Article Two. Three and Nine above as strike out

Notary Public Mv Commission Expires: STATE OF MARYLAND, WICOMICO COUNTY TO WIT: I HEREBY CERTIFY that on this day of before me, the subscriber, a Notary Public, in and for the state and county

said Airport Commission. AS WITNESS my hand and Notarial Seal. Notary Public My Commission Expires: STATE OF MARYLAND, WICOMICO COUNTY, TO WIT: I HEREBY CERTIFY that on this ft day of June.

6 Notary Public Mv Commission Expires: STATE OF MARYLAND, WICOMICO COUNTY TO WIT: I HEREBY CERTIFY that on this day of before me, the subscriber, a Notary Public, in and for the state and county aforesaid, personally appearedmatthew F,Crearner, Chairman of the Wicomico County Airport Commission and he acknowledged the foregoing Second Amendment to Lease Agreement to he the act and deed of said Airport Commission. AS WITNESS my hand and Notarial Seal. Notary Public My Commission Expires: STATE OF MARYLAND, WICOMICO COUNTY, TO WIT: I HEREBY CERTIFY that on this ft day of June. 2015, before me, the subscriber, a Notary Public. in and for the State and County aforesaid personally appeared Patrick Neims. President of Bay Land Aviation. Inc.. attested by Sandra Cutsail. and each acknowledged the foregoinu First Amendment to Lease Agreement to be the act and deed of said Bay Land Aviation, Inc. AS WITNESS my hand and Notarial Seal. Notary Public - My Commission Expires: D NANCY L. SHRIEVES NOTARY PUBLIC WICOMICO COUNTY MARYLAND MV COMMISSION EXPIRES OCT

COUNTY COUNCIL OF WICOMICO COUNTY, MARYLAND. Resolution No

COUNTY COUNCIL OF WICOMICO COUNTY, MARYLAND 2013 Legislative Session Legislative Day No. 04 Resolution No. 23-2013 Introduced by: The President of the Council at the request of the County Executive A RESOLUTION