HomeMy WebLinkAbout2006-036co & - 6310
FIFTH AMENDMENT TO NINETY-NINE YEAR LEASE
[ST. FRANCIS MANOR LEASE]
THIS FIFTH AMENDMENT TO NINETY-NINE YEAR LEASE ("Fifth Amendment")
is made and entered into this 7th day of February, 2006, nunc pro tunc to October 12,
2004 ("Amendment") by and between INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, by and through its Board of County Commissioners ("County"), and
ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit
corporation ("Lessee").
BACKGROUND RECITALS:
A. On August, 8, 1973, the County as Lessor and Lessee entered into a Ninety -Nine
Year Lease covering certain lands described therein, recorded in the public records of
Indian River County, Florida, in O.R. Book 516, Page 305 ("Original Lease").
B. The Original Lease was amended by Amendment and Modification of Ninety -Nine
Year Lease "dated February 6, 1980" ("First Amendment") The First Amendment is
unrecorded and added certain lands set forth therein to the leasehold estate of the Original
Lease.
C. A Second Amendment and Modification of Ninety -Nine Year Lease was executed
on July 27, 1993, and recorded in the public records of Indian River County, Florida, in
O.R. Book 982, Page 2197 ("Second Amendment"). The Second Amendment allows
Lessee the ability to refinance any mortgage encumbering the leasehold improvements.
D. A Third Amendment and Modification of Ninety -Nine Year Lease was executed on
September 19, 1994 ("Third Amendment"). The Third Amendment is unrecorded and
added certain adjoining and contiguous land to the leasehold estate created by the
Original Lease; subject, however, to such land reverting back to the County if an assisted
living facility was not built on such land within five years of September 19, 1994.
E. A Fourth Amendment and Modification of Ninety -Nine Year Lease was executed on
October 12, 1999, and was recorded in the public records of Indian River County, Florida,
in O.R. Book 1299, Page 1237 ("Fourth Amendment"), The Fourth Amendment extended
the construction period for the assisted living facility for five years from October 12, 1999;
subject, however, to the same reverter as contained in the Third Amendment.
F. By its terms, the Fourth Amendment expired October 11, 2004, and the land added
to the leasehold estate in accordance with the Third Amendment and Fourth Amendment
would be subject to revert to the County on that date.
G. Thereafter, on September 27, 2005, Lessee notified Indian River County, as Lessor,
that, due to the complexities involved, Lessee was abandoning the idea of constructing an
assisted living facility on the additional land and now desires to construct additional
apartments similar to the existing 98 units of Lessee on the demised premises.
H. County as Lessor desires to waive strict enforcement of the termination and reverter
provisions contained in the Third Amendment and Fourth Amendment.
I. County and Lessee desire to amend the Original Lease by this Fifth Amendment to
remove any reverter provisions contained in the Third Amendment and Fourth Amendment
on the lands added to the leasehold estate by the Third Amendment, such that the
additional lands are made a part of the Original Lease until the expiration of the Original
Lease on August 7, 2072.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties
to this Fifth Amendment agree as follows:
1. The background recitals are true and correct and form a material part of this Fifth
Amendment.
2. From and after the effective date of this Fifth Amendment, the parties
acknowledge and agree that the land depicted on Exhibit "A" attached hereto and
incorporated herein in its entirety by this reference constitutes the demised premises and
leasehold estate created by the Original Lease, as amended, free and clear of the
reversionary provisions found in the Third Amendment and Fourth Amendment.
3.
All terms
and conditions of the Original
Lease,
as heretofore amended and not
otherwise
amended
by this Fifth Amendment, shall
remain
in full force and effect.
IN WITNESS WHEREOF, County and Lessee have caused this Fifth Amendment to
be executed,by the respective duly authorized representatives of the parties as of the day
and year,first'written above.
Attest �J,Ka< Bartdn', Cler INDIAN RIVER COUNTY, FLORIDA
Board of County Cor7tmissioners
By 3r
;Deputy Clerk B
Arthur R. Neure er, Chair(a.)
Approved:
Date Approved by BCC 02-07-06
Jdsep hABrd
County Administrator �pprw✓e as to forrr} nd legal sufficiency:
E.
E
Attorney
ST. FRANCIS MANOR OF VERO BEACH,
FLORIDA, INC.
Witnesses:
PrintedName: Jjl?, %1 �, ,,;� (, rank L. Zorc, President Emeritus
low Awwwo cotr
nntp
Printed Name: i. rA 12. f%
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing was acknowledged before me this r� day of January, 2006, by
Frank L. Zorc, President Emertius of ST. FRANCIS MANOR OF VERO BEACH, INC., a
Florida non-profit corporation, on behalf of said corporation.
Signature of Notary Public - State of Florida
Stamped Commissioned Name of Notary Public
with Commission Expiration Date and Seal:
Personally Known
Type of Identification Produced
OR Produced Identification
K,
. t lea R. KellerMY Cnminion DD315391
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?lotted 1-12-06
RESOLUTION NO, 2006- 017
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, APPROVING A FIFTH AMENDMENT TO THE
NINETY-NINE YEAR LEASE WITH ST, FRANCIS MANOR OF VERO BEACH,
FLORIDA, INC., A FLORIDA NON-PROFIT CORPORATION.
WHEREAS, commencing August 8, 1973, and as subsequently amended, St. Francis
Manor of Vero Beach, Florida, Inc. ("St. Francis"), entered into a Ninety -Nine Year Lease for the
operation and maintenance of low cost housing for the elderly or disabled with limited income, with
an annual rental of One Thousand Dollars ($1,000.00) per year ("Lease"); and
WHEREAS, the Board of County Commissioners finds that the continued use of such
County property promotes the community interests and welfare,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDAIN RIVER COUNTY, FLORIDA, that, pursuant to the authority of
Florida Statutes section 125.38, and in accordance with the application made by St. Francis, the
Board of County Commissioners hereby approves and authorizes the Chairman to execute a Fifth
Amendment to the Lease between the Board of County Commissioners of Indian River County,
Florida, and St. Francis Manor of Vero Beach, Florida, Inc. ("Fifth Amendment') to clarify the
boundary of the leased property and to delete the reverter clause found in the prior amendments,
all as more specifically set forth in the attached Fifth Amendment.
The foregoing resolution was offered by Commissioner Wheel er and seconded
by Commissioner Bowden , and, upon being put to a vote, the vote was as follows:
Chairman Arthur R. Neuberger Afire
Vice Chairman Gary C. Wheeler Aye
Commissioner Sandra L. Bowden Aye
Commissioner Wesley S. Davis Ave
Commissioner Thomas S. Lowther Aye
The Chairman thereupon declared the
of Februrary, 2006.
Attest: JBarton, Clerk
2
By
Deputy Clerk
Approaed as to form and legal
Marian E. Fell -�
Assistant County Attorney
resolution duly passed and adopted this 7th day
INDIAN RIVER COU
BOARD OF COUNT'
Arthur R. Ne
, FLORIDA
)MMISSIONERS
er, Cha
This doemnerat was prepared by
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bo r0ouirnCa to
rr
the Coj,,f-y
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1640 i" .} ua. c
Florida 329
FIFTH AMENDMENT TO NINETY-NINE YEAR LEASE
[ST. FRANCIS MANOR LEASE]
F
THIS FIFTH AMENDMENT TO NINETY-NINE YEAR LEASE ("Fifth Amendment")
is made and entered into this 7th day of February, 2006, nunc pro tune to October 12,
2004 ("Amendment") by and between INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, by and through its Board of County Commissioners ("County"), and
ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit
corporation ("Lessee").
BACKGROUND RECITALS:
A. On August, 8, 1973, the County as Lessor and Lessee entered into a Ninety -Nine
Year Lease covering certain lands described therein, recorded in the public records of
Indian River County, Florida, in O.R. Book 516, Page 305 ("Original Lease"),
B. The Original Lease was amended by Amendment and Modification of Ninety -Nine
Year Lease "dated February 6, 1980" ("First Amendment") The First Amendment is
unrecorded and added certain lands set forth therein to the leasehold estate of the Original
Lease.
C. A Second Amendment and Modification of Ninety -Nine Year Lease was executed
on July 27, 1993, and recorded in the public records of Indian River County, Florida, in
O.R. Book 982, Page 2197 ("Second Amendment"). The Second Amendment allows
Lessee the ability to refinance any mortgage encumbering the leasehold improvements.
D. A Third Amendment and Modification of Ninety -Nine Year Lease was executed on
September 19, 1994 ("Third Amendment"), The Third Amendment is unrecorded and
added certain adjoining and contiguous land to the leasehold estate created by the
Original Lease; subject, however, to such land reverting back to the County if an assisted
living facility was not built on such land within five years of September 19, 1994.
E. A Fourth Amendment and Modification of Ninety -Nine Year Lease was executed on
October 12, 1999, and was recorded in the public records of Indian River County, Florida,
in O.R. Book 1299, Page 1237 ("Fourth Amendment"), The Fourth Amendment extended
the construction period for the assisted living facility for five years from October 12, 1999;
subject, however, to the same reverter as contained in the Third Amendment.
F. By its terms, the Fourth Amendment expired October 11, 2004, and the land added
to the leasehold estate in accordance with the Third Amendment and Fourth Amendment
would be subject to revert to the County on that date.
1726269
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1993 PG:1337, Pagel of 5
02/10/2006 at 10:19 AM,
1 JEFFREY K BARTON, CLERK OF
COURT
•,
F
THIS FIFTH AMENDMENT TO NINETY-NINE YEAR LEASE ("Fifth Amendment")
is made and entered into this 7th day of February, 2006, nunc pro tune to October 12,
2004 ("Amendment") by and between INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, by and through its Board of County Commissioners ("County"), and
ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit
corporation ("Lessee").
BACKGROUND RECITALS:
A. On August, 8, 1973, the County as Lessor and Lessee entered into a Ninety -Nine
Year Lease covering certain lands described therein, recorded in the public records of
Indian River County, Florida, in O.R. Book 516, Page 305 ("Original Lease"),
B. The Original Lease was amended by Amendment and Modification of Ninety -Nine
Year Lease "dated February 6, 1980" ("First Amendment") The First Amendment is
unrecorded and added certain lands set forth therein to the leasehold estate of the Original
Lease.
C. A Second Amendment and Modification of Ninety -Nine Year Lease was executed
on July 27, 1993, and recorded in the public records of Indian River County, Florida, in
O.R. Book 982, Page 2197 ("Second Amendment"). The Second Amendment allows
Lessee the ability to refinance any mortgage encumbering the leasehold improvements.
D. A Third Amendment and Modification of Ninety -Nine Year Lease was executed on
September 19, 1994 ("Third Amendment"), The Third Amendment is unrecorded and
added certain adjoining and contiguous land to the leasehold estate created by the
Original Lease; subject, however, to such land reverting back to the County if an assisted
living facility was not built on such land within five years of September 19, 1994.
E. A Fourth Amendment and Modification of Ninety -Nine Year Lease was executed on
October 12, 1999, and was recorded in the public records of Indian River County, Florida,
in O.R. Book 1299, Page 1237 ("Fourth Amendment"), The Fourth Amendment extended
the construction period for the assisted living facility for five years from October 12, 1999;
subject, however, to the same reverter as contained in the Third Amendment.
F. By its terms, the Fourth Amendment expired October 11, 2004, and the land added
to the leasehold estate in accordance with the Third Amendment and Fourth Amendment
would be subject to revert to the County on that date.
1726269
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1993 PG:1337, Pagel of 5
02/10/2006 at 10:19 AM,
1 JEFFREY K BARTON, CLERK OF
COURT
This doemnerat was prepared by
w
bo r0ouirnCa to
rr
the Coj,,f-y
r.
1640 i" .} ua. c
Florida 329
FIFTH AMENDMENT TO NINETY-NINE YEAR LEASE
[ST. FRANCIS MANOR LEASE]
F
THIS FIFTH AMENDMENT TO NINETY-NINE YEAR LEASE ("Fifth Amendment")
is made and entered into this 7th day of February, 2006, nunc pro tune to October 12,
2004 ("Amendment") by and between INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, by and through its Board of County Commissioners ("County"), and
ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit
corporation ("Lessee").
BACKGROUND RECITALS:
A. On August, 8, 1973, the County as Lessor and Lessee entered into a Ninety -Nine
Year Lease covering certain lands described therein, recorded in the public records of
Indian River County, Florida, in O.R. Book 516, Page 305 ("Original Lease"),
B. The Original Lease was amended by Amendment and Modification of Ninety -Nine
Year Lease "dated February 6, 1980" ("First Amendment") The First Amendment is
unrecorded and added certain lands set forth therein to the leasehold estate of the Original
Lease.
C. A Second Amendment and Modification of Ninety -Nine Year Lease was executed
on July 27, 1993, and recorded in the public records of Indian River County, Florida, in
O.R. Book 982, Page 2197 ("Second Amendment"). The Second Amendment allows
Lessee the ability to refinance any mortgage encumbering the leasehold improvements.
D. A Third Amendment and Modification of Ninety -Nine Year Lease was executed on
September 19, 1994 ("Third Amendment"), The Third Amendment is unrecorded and
added certain adjoining and contiguous land to the leasehold estate created by the
Original Lease; subject, however, to such land reverting back to the County if an assisted
living facility was not built on such land within five years of September 19, 1994.
E. A Fourth Amendment and Modification of Ninety -Nine Year Lease was executed on
October 12, 1999, and was recorded in the public records of Indian River County, Florida,
in O.R. Book 1299, Page 1237 ("Fourth Amendment"), The Fourth Amendment extended
the construction period for the assisted living facility for five years from October 12, 1999;
subject, however, to the same reverter as contained in the Third Amendment.
F. By its terms, the Fourth Amendment expired October 11, 2004, and the land added
to the leasehold estate in accordance with the Third Amendment and Fourth Amendment
would be subject to revert to the County on that date.
1726269
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1993 PG:1337, Pagel of 5
02/10/2006 at 10:19 AM,
1 JEFFREY K BARTON, CLERK OF
COURT
•,
F
THIS FIFTH AMENDMENT TO NINETY-NINE YEAR LEASE ("Fifth Amendment")
is made and entered into this 7th day of February, 2006, nunc pro tune to October 12,
2004 ("Amendment") by and between INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, by and through its Board of County Commissioners ("County"), and
ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit
corporation ("Lessee").
BACKGROUND RECITALS:
A. On August, 8, 1973, the County as Lessor and Lessee entered into a Ninety -Nine
Year Lease covering certain lands described therein, recorded in the public records of
Indian River County, Florida, in O.R. Book 516, Page 305 ("Original Lease"),
B. The Original Lease was amended by Amendment and Modification of Ninety -Nine
Year Lease "dated February 6, 1980" ("First Amendment") The First Amendment is
unrecorded and added certain lands set forth therein to the leasehold estate of the Original
Lease.
C. A Second Amendment and Modification of Ninety -Nine Year Lease was executed
on July 27, 1993, and recorded in the public records of Indian River County, Florida, in
O.R. Book 982, Page 2197 ("Second Amendment"). The Second Amendment allows
Lessee the ability to refinance any mortgage encumbering the leasehold improvements.
D. A Third Amendment and Modification of Ninety -Nine Year Lease was executed on
September 19, 1994 ("Third Amendment"), The Third Amendment is unrecorded and
added certain adjoining and contiguous land to the leasehold estate created by the
Original Lease; subject, however, to such land reverting back to the County if an assisted
living facility was not built on such land within five years of September 19, 1994.
E. A Fourth Amendment and Modification of Ninety -Nine Year Lease was executed on
October 12, 1999, and was recorded in the public records of Indian River County, Florida,
in O.R. Book 1299, Page 1237 ("Fourth Amendment"), The Fourth Amendment extended
the construction period for the assisted living facility for five years from October 12, 1999;
subject, however, to the same reverter as contained in the Third Amendment.
F. By its terms, the Fourth Amendment expired October 11, 2004, and the land added
to the leasehold estate in accordance with the Third Amendment and Fourth Amendment
would be subject to revert to the County on that date.
1726269
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1993 PG:1337, Pagel of 5
02/10/2006 at 10:19 AM,
1 JEFFREY K BARTON, CLERK OF
COURT
G. Thereafter, on September 27, 2005, Lessee notified Indian River County, as Lessor,
that, due to the complexities involved, Lessee was abandoning the idea of constructing an
assisted living facility on the additional land and now desires to construct additional
apartments similar to the existing 98 units of Lessee on the demised premises.
H. County as Lessor desires to waive strict enforcement of the termination and reverter
provisions contained in the Third Amendment and Fourth Amendment.
I. County and Lessee desire to amend the Original Lease by this Fifth Amendment to
remove any reverter provisions contained in the Third Amendment and Fourth Amendment
on the lands added to the leasehold estate by the Third Amendment, such that the
additional lands are made a part of the Original Lease until the expiration of the Original
Lease on August 7, 2072.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties
to this Fifth Amendment agree as follows:
1. The background recitals are true and correct and form a material part of this Fifth
Amendment.
2. From and after the effective date of this Fifth Amendment, the parties
acknowledge and agree that the land depicted on Exhibit "A" attached hereto and
incorporated herein in its entirety by this reference constitutes the demised premises and
leasehold estate created by the Original Lease, as amended, free and clear of the
reversionary provisions found in the Third Amendment and Fourth Amendment.
3.
All terms
and conditions of the Original
Lease,
as heretofore amended and not
otherwise
amended
by this Fifth Amendment, shall
remain
in full force and effect.
IN WITNESS WHEREOF, County and Lessee have caused this Fifth Amendment to
be executed,by the respective duly authorized representatives of the parties as of the day
and year,first'written above.
Attest �J,Ka< Bartdn', Cler INDIAN RIVER COUNTY, FLORIDA
Board of County Cor7tmissioners
By 3r
;Deputy Clerk B
Arthur R. Neure er, Chair(a.)
Approved:
Date Approved by BCC 02-07-06
Jdsep hABrd
County Administrator �pprw✓e as to forrr} nd legal sufficiency:
E.
E
Attorney