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RESOLUTION NO. 2019- 024 <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, <br />APPROVING A THIRD AMENDMENT TO LEASE AGREEMENT <br />WITH THE GIFFORD YOUTH ACHIEVEMENT CENTER, INC., <br />FOR COUNTY OWNED PROPERTY KNOWN AS THE GIFFORD <br />YOUTH ACHIEVEMENT CENTER. <br />WHEREAS, the Gifford Youth Activity Center, Inc. n/k/a the Gifford Youth Achievement <br />Center, Inc. ("GYAC"), and the Board of County Commissioners (Board) entered into a Lease <br />Agreement for County -owned property located at 4875 43rd Avenue, Vero Beach, Indian River County, <br />Florida ("Property") on November 19, 2002, for a term of 40 -years, at a rental rate of $1.00 per year <br />for use as an activity center for area youths; and <br />WHEREAS, on January 20, 2015, the Board amended and extended the Lease Agreement to <br />a term of 99 -years to continue their use of the Property; and <br />WHEREAS, On March 6, 2018, the Board approved a Second Amendment to Lease <br />Agreement for GYAC to construct a one story classroom building on the Property that in the future <br />could be expanded to add a second floor and to construct such future improvements with the prior <br />consent of the Board; and <br />WHEREAS, during the construction process, it was discovered that and additional 780 square <br />feet (0.02 acres) needed to be added to the Lease Agreement to be used for stormwater treatment; <br />and <br />WHEREAS, the Board of County Commissioners finds that such use of the County owned <br />Property promotes the County's interests and welfare; and <br />WHEREAS, the GYAC is a Florida not for profit corporation and a corporation organized <br />exclusively for charitable and educational purposes as set forth in section 501(c)(3) of the Internal <br />Revenue Code of 1986, as amended; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA: <br />In accordance with Florida Statutes §125.38, the Board finds that: <br />a. The Gifford Youth Achievement Center, Inc. ("GYAC") has made proper application <br />as required for a Third Amendment to the lease of the Property; <br />b. the 0.02acre Property is not needed for County purposes; <br />c. The use of the Property for stormwater treatment for the a classroom and youth <br />achievement center promotes the County interests and welfare; <br />2. The Board approves and authorizes the Chairman to execute the Third Amendment to Lease <br />Agreement between the Board and the GYAC, adding an additional 0.02 acres to the Property <br />for stormwater treatment, described in the attached Exhibit "A". <br />3. The Third Amendment to Lease Agreement is entered into pursuant to the authority of Florida <br />Statutes §125.01 and §125.38. <br />