HomeMy WebLinkAbout2012-087 os /ol
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SIXTH AMENDMENT AND MODIFICATION
OF
NINETY-NINE YEAR LEASE
THIS AGREEMENT made and entered into by and between
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the
State of Florida, by and through its Board of County Commissioners,
hereinafter referred to as the Lessor, and ST. FRANCIS MANOR OF
VERO BEACH, FLORIDA, INC . , a Florida nonprofit corporation ,
hereinafter referred to as the Lessee :
WITNESSETH :
WHEREAS , on the Stn of August, 1973 , the Lessor did execute a
Ninety-Nine Year Lease to the Lessee covering certain lands therein
described , which Lease has been duly recorded in the public records of
Indian River County , Florida in Official Record Book 516 , at page 305 ; and
WHEREAS, an Amendment and Modification was executed on
February 6 , 1980 ; and a Second Amendment and Modification was
executed on July 27, 1993 ; and a Third Amendment and Modification was
executed on September 19 , 1994 ; and a Fourth Amendment and
Modification was executed on October 12 , 1999 ; and a Fifth Amendment
and Modification was executed on February 7 , 2006 ; and
WHEREAS, the Lessor and the Lessee desire to execute a Sixth
Amendment and Modification to said Lease in the manner hereinafter set
forth ; and
WHEREAS , the execution of the Sixth Amendment and
Modification has been duly authorized by Lessor and accepted by the
Lessee;
NOW, THEREFORE , upon the considerations set forth in said
original Lease, the Lease is hereby amended and modified as followed :
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A . The following described lands situated in Indian River County ,
Florida, which said lands are more fully described in Exhibit "A" as
Parcel "E" , are incorporated into the original lease as additional
leased area(s) .
B . Any reference from the original lease or the previously executed
Amendments and Modifications requiring "carpeted floors" or " one
hot meal a day" shall no longer be required from the Lessee .
C . Lessor expressly authorizes Lessee to apply for land use and zoning
changes necessary to effectuate Lessee ' s purpose of providing
affordable housing .
This Sixth Amendment and Modification is subject to all of the
terms and conditions of the original Lease executed on August 8 , 1973 , and
the five previous amendments approved and ratified by the parties , except
as amended by this agreement, so that the same shall constitute one Lease .
IN WITNESS WHEREOF , the undersigned have approved and
executed this Sixth Amendment and Modification to Ninety Nine Year
Lease , to take effect on this 1 day of May , 2012 .
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
CO PW o _.
. y ,
Geo C . Wheeler, Chairman
Approved : B,C Axoved : May 1 , 2012
By
Jose A . Bal d. 'y • s
Co t Administrator L •'•
RC
aaa aa • •� �+ • / �
Attest : Jeffrey K . arton, Clerk of Court ed o egal sufficiency
By :
Deputy Clerk William K . DeBraal
Deputy County Attorney
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EXHIBIT
D
D
DESCRIPTION OF PARCEL -E
SKETCH OF DESCRIPTION COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
PART OF SECTION 2, TOWNSHIP 33 SOUTH, OF SECTION 2. TOWNSHIP 33 SOUTH, RANGE 39 EAST RUN
NORTH 69'3062
DESCRIPTION OF PARCEL ' DRANGE 39 EAST CITY OF VERO BEACH, FLORIDA EAST ALONG THE SOUTH LINE OF SAID SECTION 2 A DISTANCE
OF 978.48
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST
FEET, MORE OR LESS . TO AN INTERSECTION WITH THE CENTERLINE OF 17th
:
QUARTER OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST RUN AVENUE.
NORTH 89030'29- EAST A _ONG THE SOUTH 1114C OF SAID SECTION 2 A THENCE RUN NORTH 00` 10'46
WEST ALONG THE SAID CENTERLINE OF 171h
DISTANCE OF 976 48 FEET, MORE OR LESS, TO AN INTERSECTION %% ITN AVENUE A DISTANCE OF 1266 03
FEET TO AN INTERSECTION WITH THE
THE CENTERLINE OF t ;;h AVENUE: EASTERLY EXTENSION OF THE SOUTH LINE OF A 60 FOOT RIGHT-OF -WAY
THENCE RUN NORTH 00` 10'46' WEST ALONG THE SAID CENTERLINE OF 171h AS DESCRIBED IN OFFICIAL RECORD BOOK 39.
PAGE 14, OF THE PUBLIC
AVENUE A DISTANCE OF 1 %5 .03 FEET TO AN INTERSECTION WITH THE RECORDS OF INDIAN RIVER COUNTY
, FLORIDA,
EASTERLY EXTENSION OF THE SOUTH LINE OF A 50 FOOT RIGHT- OF-WAY THENCE RUN SOUTH 89044'33- WEST ALONGSA
ID SOUTH RIGHT-OFANAY
AS DESCRIBED IN OFFICIAL RECORD BOOK 39 , PAGE 14 , OF THE PUBLIC LINE , AND THE EASTERLY EXTENSION,
THEREOF , A DISTANCE OF 35.W
RECORDS OF INDIAN RIVER COUNTY. FLORIDAC SURVEYOR'S GENERAL NOTES AND REPORT
FEET TO AN INTERSECTION WTH THE WEST RIGHT-OF -WAY LINE OF II1h
THENCE RUN SOUTH 89`44'23- WEST ALONG SAID SOUTH RIGHT -OF -WAYAVENUE;
UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
LINE , AND THE EASTERLY EXTENSION, THEREOF , A DISTANCE OF 35.00 RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND THENCE
CONTINUE SOUTH 89'44433- WEST ALONG THE SAID SOUTH
FEET TO AN INTERSECTION WITH THE WES7 RIGHT-OF-WAY LINE OF 171h MAPPER , THIS DRAWING. SKETCH, PLAT OR MAP 15 FOR RIGHT-OF-WAY
LINE A DISTANCE OF 318 00 FEET
AVENUE, INFORNIATICNAL PURPOSES ONLY AND IS NOT VALID.
2 BEARINGS SHOWN HEREON ARE BASED UPON ASSUMED THENCE RUN NORTH 00410146` WEST ALONG THE WEST LINE Of THAT
THENCE CONTINUE SOUTH 69"4413- WEST ALONG THE SAID SOUTH DATUM AND ARE REFERENCED TO THE ESTABLISHED AND CERTAIN
PARCEL LEASED TO THE - BOYS AND GIRLS CLUB OF INDIAN RIVER
RIGHT-OF-WAY LINE A DISTANCE OF 316.00 FEET TO THE POINT OF MONUMENTED LINE SHOWN HEREON LABELED AS THE COUNTY,
INC .' BY THE CITY OF VERO BEACH, DATED APRIL 7. 2009. A
BEGINNING OF THE HEREIN DESCRIBED PARCEL; BEARING BASIS DISTANCE OF 60. 00 FEET TO THE INTERSECTION WITH IEE
NORTH RIGHT
3 ALL BOUNDARY DIMENSIONS USED , INCLUDING BUT NOT OF WAY LINE OF THE AFOREMENTIONED 60 FOOT RIGHT-OF -WAY
AND
FROM SAID POINT OF BEGINNING CONTINUE SOUTH 89`44433' WEST ALONG LIMITED TO BEARINGS, ANGLES AND DISTANCES ARE POINT OF BEGINNING
OF THE HEREIN DESCRBF_ D PARCEL.
SAID SOU IH RIGHT - OF -WAY LINE A DISTANCE OF 131 71 1LET TO THE LAST PREDICATED UPON BOUNDARY SURVEY BY CARTER
LINE OF THAT CERTAIN PARCEL LEASED TO -ST. FRANCIS MANOR4 BY THE ASSOCIATES , INC. JOB NO 97-473$, DATED AUGUST, 1997 FROM
SAID POINT OF BEGINNING RUN SOUTH R9044'33' WESTALONG SAID
CITY OF VERO BEACH, DATED FEBRUARY 19, 1981. ALL DIMENSIONS SHOWN HEREON ARE DISPLAYED IN U S NORTH RIGHT-OF-WAY LINE A
DISTANCE OF 132.24 FEET TO THE
SURVEY FEET AND DECIMAL PARTS THEREOF . INTERSECTION WITH THE EAST LINE OF THAT CERTAIN PARCEL LEASED TO
THENCE RUN NORTH 00'41 '14- WEST ALONG SAID EAST LINE A DISTANCE 4 . THIS IS A SKETCH AND DESCRIPTION OF A PROPOSED '
ST FRANCIS MANOR- BY THE CITY OF VERO BEACH, DATED FEBRUARY 19.
OF 6000 FEET TO THE INTERSECTION WITH THE NORTH RIGHT OF WAY EASEMENTONLYAND NOT A BOUNDARY SURVEY . THIS 1981
:
LINE OF THE AFOREMENTIONED 60 FOOT RIGHT-OF -WAY , PROPERTY WAS NOT ABSTRACTED OR RESEARCHED BY THIS
OFFICE FOR ANY ENCUMBRANCES OF RECORD THE HEREON THENCE RUN NORTH CO'41 ' 14' WEST ALONGTHE NORTHERLY EXTENSION
THENCE RUN NORTH EW44'33- EAST ALONG SAID NORTH RIGHT - OF-WAY DESCRIBED PROPERTY IS SUBJECT TO RESTRICTIONS, OF SAID EAST
LINE A DISTANCE OF 15.00 FEET TO THE INTERSECTION WITH
LINE A DISTANCE OF 132 24 FEET TO THE INTERSECTION WITH THE WESI RESERVATIONS. EASEMENTS AND RIGHTS-OF -WAY OF THE SOUTH
LINE OF THE PLAT OF EDGEWOOD'5 SECOND ADDITION TO
LINE OF THAT CERTAIN PARCEL LEASED TO THE ' BOYS AND GIRLS CLUB RECORD. IF ANY. MATTERS OF RECORD NOT BROUGHT TO VERO.
FLORIDA, RECORDED IN PLAT BOOK 4 , PAGE 3, PUBLIC RECORDS OF
OF INDIAN RIVER COUNTY, INC .- BY ?HE CITY OF VERO BEACH. DATED THE SURVEYOR'S ATTENTION BY THE CLIENT, THEIR AGENT
ST LUCIE COUNTY , FLORIDA
APRIL 7, 2009; OR AS DISCLOSED BY A FURNISHED TITLE INSURANCE
POLICY ARE NOT INCLUDED. THENCE RUN NORTH 89044'33" EAST ALONG SAID SOUTH LINE A DISTANCE
THENCE RUN SOUTH 00010'49- EAST ALONG SAID WEST LINE A DISTANCE OF 132. 37 FEET TO THE INTERSECTION
WITH THE NORTHERLY EXTENSION
OF GO 00 FFFT TO THE AFORFMFNTIONFD SO11TH RIGHT-OF WAY I INF AND OF THE AFOREMENTIONED WEST LINE OF THAT
CERTAIN PARCEL LEASED
POINT OF BEGINNING. TO THE 'BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC . -;
SAID PARCEL LYING AND BEING IN THE CITY OF VERO BEACH, FLORIDA THENCE RUN SOUTH 00` 1043' EAST
ALONG SAID NORTHER''_Y EXTENSION
CONTAINING 7918. 3 SQUARE FEET, MORE OR LESS. OF THE WEST LINE A DISTANCE OF 15 00 FEET TO THE POINT
OF
- BEGINNING.
SAID PARCEL LYING AND BEING IN Tt IE CITY OF VERO BEACH , FLORIDA
CONTAINING 1984 .6 SQUARE FEET. MORE OR LESS .
ICARTER ASSOCIATES. INC.
- CONSULTING ENGINEERS AND LAND SURVEYORS
i I
1706 21st STREET 772-562-4191 (PHONE)
Serving Florida \` `„• ` �� .� 11 , VERO BEACH, FLORIDA 32960 772-562- 7180 (FAX)
Since 1911 OA17f6"E . - LUETHJE. PSM . GNATURE DATE
FLORIDA LICENSE No .5728DATE: 10 - 19 - 11 BY SG H. SCALE: 1 "=50 ' 10 - 45E OWG. 0 19111
-A
CARTER ASSOCIATES, INC . LB 205 SHEET 1 OF 2
SKETCH Of DESCRIPTION
PART OF SECTION 2, TOWNSHIP 33 SOUTH,
RANGE 39 EAST CITY OF VERO BEACH, FLORIDA
,Q SOUTH LINE OF THE PLOT OF EDGEWOOD 'S 5 COND
ADDITION TO VERO, FL RIDA, RECORDED IN PLAT
BOOK 4, PAGE 3,PUB IC RECORDS OF ST LUCIE
COVNIY, FLORIDA 1
N 89'44'33' E Q 132 .37' _ N8944744I ' E
N 00'41 ' 14' _ PARCEL 'E" �' S 00110149 ' E 270.06 ' J
- - 15.00' _ N 89'44'33' E 132.24' _ ` 15.00' IS' DRAINAGE EASEMENT
' DINT OF BEGINNING NORTH RICHT—OF—WAY LINE
Or Oki
tsl ^ F: DTI : i1 - p - "PARCEL E"
A N
PARCEL 'D' $ 60 '
agUGW� /F— VIA Y
o o PER OFFICIAL RECORD BOOK 39, PAGE 14,
o PUBLIC RECORDS OF INDIAN COUNTY, FLORIDA 35.00'
EAST LIN : LEASE AREA ' �; 310' 5RELL ROAD I
"ST. FRANCIS MANOR" - _ - - m WEST LINE LFASF AREA n
S 89044'33' W 1J1 .71 ' — / BOYS h GIRLS CLLR' - { SOUTH RIGHT—OF—WAY LINE
58944'33'W
S89- 44'33''N 318 .00' — w 35 .00 —�
` POINT OF BEGINNING
"PARCEL D' F�
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QYt' VOLUNTEER w d
AMBULANCE J N 0
SO'JAD
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LAKE
978 . 454 SOUTH LINE OF SECTION
� --- N 89630 '29 ' E - - - -- J Il/i �t�7 ASSOCIATES,
INCPOINT OF COMMENCEMENT ICAMER
AS O_CIATES, N .
SOUTHWEST CORNER OF THE
SOUTHEAST 1 /4 OF SECTION CONSULTING ENGINEERS AND LAND SURVEYORS
2, TOWNSHIP 33 SOUTH, 1708 21st STREET 772-562-4191 (PHONE)
Serving Florida RANGE 39 EAST VERO 61 FLORIDA 32,960 772-562-7100 (FAX)
Since 1011 0 25 50
SCALE- (1 !rich 50 Fel) DATE: 10- 19 - 6 BY SG H.SCAM 1 "=50 ' 10- 45F DWG.,/
19111 —A
SHEET 2 OF 2
SAINT RAN MANQR OF VERO BEACH, INC .
By :
Pri : Lo> a~is Schacht
Witness : Witness : 4
1 � �-[�'- �
Print : C� �G� C� �► Print : �S ' Ce 11 l C- P
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing was acknowledge before me this V/1 day of rl i,i cue r 2012 , by
Louis Schacht, President of St . Francis Manor of Vero Beach, Florida, Inc . , on behalf of the
corporation . She is personally known to me or has produced as
identification .
NOTARY PUBLIC
Print
Commission No . :
Commission Expiration :
L10 JEANIE P. SHEARER
MY COMMISSION # DD 788048
EXPIRES: June 5, 2012
Bonded Thru Notary Public underwriters
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