HomeMy WebLinkAbout2010-249 Q
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2010 AMENDMENT TO LEASE AGREEMENT a USO ` gH7
THIS AGREEMENT , made this 5th day of October 2010 , by and
between the CITY OF VERO BEACH , a municipal corporation organized and existing
under the laws of the State of Florida , whose mailing address is Post. Office Box 1389 ,
Vero Beach , Florida 32961 - 1 .389 ( hereinafter "CITY" ) , and the EMERGENCY
SERVICES DISTRICT OF INDIAN RIVER COUNTY , a dependent special district of
Indian River County , operating by and through its Board of Commissioners , whose
mailing address is 1801 • 27 '" Street , Vero Beach , Florida , 32960 ( hereinafter
" DISTRICT " ) ,
WITNESSETH :
WHEREAS , in 1956, CITY and the VERO BEACH VOLUNTEER FIRE
DEPARTMENT, INC . ( hereinafter "VOLUNTEERS') entered into a lease of City-owned
land near the new Barber Bridge for the purpose of constructing a volunteer fire
department building ; and
WHEREAS , the lease was for a term of forty-five (45); years with the exclusive
right , option and privilege in . VOLUNTEERS to renew the lease for an additional term of
forty-five (45 ) years ; and
WHEREAS, in 1994 , CITY and VOLUNTEERSamended the lease to reflect that
they had consented to the assignment to and joint use of the leased premises by "the
Indian River County Fire District , the Indian River County Department of Emergency
Services , and the VOLUNTEERS ; and also added additional property to the east of the
land leased in 1954 ; and
THIS IS TO CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF THE
ORIGINAL ON FILE IN THIS OFFICE.
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TAMMY K. VOCK
DATE:
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WHEREAS , by letter dated June 11 , 2002 , the VERO BEACH VOLUNTEER
FIRE DEPARTMENT , INC . acknowledged that it had no further interest in the lease;
with the result that the EMERGENCY SERVICES DISTRICT OF INDIAN RIVER
COUNTY could deal directly with CITY ; and
WHEREAS , on February 17 , 2004 , the .DISTRICT and the CITY agreed to renew
the lease for an additional term of forty- five (45 ) years; and
WHEREAS , in September 2004, Hurricanes Jeanne and Francis , severely
damaged the fire station necessitating its demolition and replacement with a new
structure ; and
WHEREAS , the new fire station required an additional 0 .71 acres of real property
to be added to the lease agreement in order to accommodate newer and larger fire
fighting and emergency equipment , resulting in a: total leased space of 1 . 81 acres ; and
WHEREAS , the 2006 amendment to the. lease also included an "irrevocable and
exclusive" license issued to. the City for use of the District boat dock for the City' s Police
Department Boat and an easement for a pedestrian walkway across the leased
premises ; and
WHEREAS , the County Sheriff' s Department also desires to install a boat lift on
the District's dock and utilize the .dock to store one of the Sheriff' s Department Police
Boats , which will mean the City will no longerhave an exclusive license to use the
District 's dock ; and
WHEREAS , CITY"and DISTRICT a.greesz that adding another boat and lift to the
District' s dock will not affect the .boat operation of the. Sheriff, the City or the District ,
rather it will increase the health , safety and welfare of the-;general public .
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NOW , THEREFORE , for valuable consideration , the receipt and sufficiency of
which is acknowledged , CITY and. DISTRICT do agree as follows ;
1 . Lease Amendment of Legal Description Use of District Boat Dock by
Indian River County Sheriff' s Department Boat
The Dist + ict hereby grants a nonexclusive license to the Sheriff of Indian River
County for the use of the District ' s boat dock to house one of the Sheriff' s police boats ,
which shall be restricted to being no more than 26 feet in length and no more than 6 , 500
pounds in weight . The Sheriff may cause to be installed a boat lift suitable and
recommended for the Sheriff' s existing .boat The District doesnot provide any warranty
associated with the lift equipment to the Sheriff but the Sheriffshall be responsible for
all maintenance of the lift. Likewise , the Sheriff shall be responsible for normal day to
day upkeep and maintenance of their portion of the . dock and. any damages caused by
their negligence/misuse . Use of the dock space shall be restricted to IRCSO official
business and to the extent allowed by law , the Sheriff shall hold the District harmless
from liability . . The Sheriff can make any improvements to the dock ( lighting or other
necessary improvements needed for a police boat dock ) upon first obtaining the
consent of the District. The District shall provide 24 hr , access to the dock to the
Sheriff. The parties reserve the right to enter into . a more detailed agreement
commensurate with the spirit of this paragraph .
2 . Other Conditions to Remain In Effect
All other terms and conditions of the lease as amended shall remain in full force
and effect .
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IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals
on the day and year first above written .
ATTEST : CITY OF VERO BEACH , FLORIDA
It
Sign : , r ign : ..
Print : Tammy K . oc Print : Kevin Sawniok
Title : City ClerkTitle : Mayor
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this ,20r day of
a eo k% e � 2010 , by Kevin Sawnick as , Mayor , and attested by Tammy K .
Vock , as City Clerk , of the City of Vero Beach , Florida . They are personally known to
me and did not take an oath .
NOTARY PUBLIC
SHERRI PHILO
MY COMMISSION # DD 611265 ,
=a.,• y �� EXPIRES: December 8, 2012 Sign :
BondedThruNotaryFuGrcUndonvdters
arr, Print: eke%
[NOTARY SEAL] State of Florida at Large
My Commission Number:
My Commission Expires :
Approved as to form, and legal Approved as conform i'ng to municipal
sufficiency : policy,
TJ AnA 0 (1e �E! (
G'ity Attorney City M na
Approved as t technical requirements :
Directo , P is Works and Engineering
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EMERGENCY SERVICES DISTRICT
OF INDIAN RIVER COUNTY , FLORIDA
oMMissic;N�. ,
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CJ
Peter
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h $t Peter D . O 'Bryan ; Chairman
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°•,f�• Approved by BCC October 5 , 2010
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A�RNER �� •
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Attest:
Jeffrey K . Barton' Clerk of Circuit Court
NIA By :
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County Attorney: Deputy Clerk
'Approved as to Form and Legal
Sufficiency
.�V
seph Baird
unty Administrator
SHERIF 'F ' S DEPARTMENT OF
INDIAN RIVER COUNTY
\� r Loar , Sheriff
This instrument prepared in the
Office of the County Attorney
1801 27th Street
Vero Beach , FL 32960-3365
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