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Home My WebLink About2014-080NINTH AMENDMENT AND MODIFICATION OF NINETY-NINE YEAR LEASE as/oe oiW c:7• 7S ascii/ 08a THIS NINTH AMENTMENT AND MODIFICATION OF NINETY-NINE YEAR LEASE made and entered into on June 3 , 2014, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose address is 1801 27th Street, Vero Beach, Florida hereinafter referred to as Lessor, and ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit corporation hereinafter referred to as Lessee: WITNESSETH: WHEREAS, on the 8th 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 a Sixth Amendment and Modification was executed on May 1, 2012, and a Seventh Amendment and Modification was executed on October 9, 2012, and an Eighth Amendment and Modification was executed on June 4, 2013; and WHEREAS, the Eighth Amendment added a portion of the Old County Jail Site to its Leased Premises; and WHEREAS, there exists on the portion of the Old Jail Site, a guyed communications tower and its associated equipment belonging to the County which is part of a separate leasehold that was originally excluded from the expanded Leased Premises created in the Eighth Amendment; and WHEREAS, the Parties have since learned that the property beneath the guy wires and adjacent to the tower may be used for parking, green space or other permissible uses should Lessee construct additional buildings on the Old Jail Site; and WHEREAS, the Lessor and Lessee desire to execute a Ninth Amendment and Modification to said Lease in order to add that portion of the area beneath the tower, the guy wires, adjacent to the tower, and the access easement to the tower, so that it might be used for lawful purposes in the manner hereinafter set forth; and WHEREAS, the execution of the Ninth Amendment and the Modification has been duly authorized by the Lessor and accepted by the Lessee; 1 N OW, THEREFORE, upon the good and valuable consideration set forth in said original Lease, the Lease is hereby Amended and Modified as followed: A. That the real property described in Exhibit "A" attached and incorporated by reference herein, shall be added to the lease and become part of the Leased Premises. The property described in Exhibit "A" shall be known as the Old Jail S ite parcel and shall be subject to the original 99 year lease and the amendments thereafter. B. Lessee understands that part of the additional portion of land area included in this Ninth Amendment and Modification is subject to an existing lease agreement between INDIAN RIVER COUNTY and Verizon (successor interest) and this N inth Amendment and Modification to lease agreement shall in no way adversely affect the CountyNerizon lease agreement. Once the CountyNerizon lease expires or is terminated, Lessee shall have full use and enjoyment of the area as part of their original 99 -year lease agreement. C. INDIAN RIVER COUNTY hereby expressly provides its consent to ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC. to obtain all necessary development orders, including but not limited to, comprehensive land use changes, zoning changes, conditional use permits, building permits, site plan permits, etc., from all necessary jurisdictional entities. D. Paragraph E of the Eighth Amendment dated June 4, 2013, is hereby deleted and replaced with the following: The Lessee shall have three (3) years from the date of this Amendment to obtain site plan approval and five (5) years from the date of this Amendment to construct improvements and obtain a certificate of occupancy or certificate of completion for meaningful use consistent with the mission of St. Francis Manor of Vero Beach, Florida, Inc. Such improvements on the Old Jail Parcel required to be constructed to comply with this provision shall include but is not limited to any of the following: residential buildings, storm water retention areas, parking improvements. St Francis Manor will develop new residential units in phases, which means that the Old Jail Parcel may see initial infrastructure improvements in support of new residential units elsewhere on the St Francis Manor campus. These initial infrastructure improvements shall satisfy the time requirements listed in this Paragraph. E This Ninth Amendment and Modification is subject to all of the terms and conditions of the original Lease executed on August 8, 1973, and the eight previous amendments approved and ratified by the parties except as amended by this agreement, so that the same shall constitute one Lease. 2 IN WITNESS WHEREOF, the undersigned have approved and executed this Ninth Amendment and Modification to Ninety -Nine Year Lease, to take effect on this 3rdday of June, 2014. Approved: �zr co11M,sw.s cyail� osepb(A. Baird County Administrator Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk B OARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By' r Peter D. O'Bryan, Chairm D ate Approved by BCC June 3, 2014 Approved as to form and legal sufficiency: William K DeBraal D eputy County Attorney 3 ST. FRANCIS MANOR OF VERO BEACH, FLORI INC. By: is Schacht, President Witness:L. 1 �4i #77&-UOk Witness Printed Name. D ate frt. 1i S TATE OF FLORIDA COUNTY OF INDIAN RIVER Date 7-16 (`1 .Thciom- )41 Dr2--Vrc-c—i Printed Name. 4-t7 The foregoing was acknowledged before me this Ism day of JO S chacht President of ST. FRANCIS MANOR OF VERO BEACH, Florida non-profit corporation, on behalf of said corporation. NANCY H. MOSSALI Commission # EE 062656 Expires March 26, 2015 Bonded Tlw Troy fain Insurance 800-385-7019 N OTARY PUBIC: 201 4 , by Louis LORIDA, INC., a J7iLu�VVI -Q S ign ture or NAo t ry Pub is - State of Florida Stamped Commissioned Name of Notary Public with Commission Expiration Date and S eal Personally Known P roduced Identification Type of Identification Produced OR 4 DESCRIPTION PARCEL "G": • XIIIBIi' "A"` COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 2,_ TOWNSHIP 33 SOUTH, RANGE 39 EAST AND RUN SOUTH 89 DEGREES 22 MINUTES EAST ALONG THE SECTION LINE 97&:48 FEET TO A POINT, THEN RUNNORTH 00 .DEGREES 56 MINUTES 45 SECONDS EAST ALONG THE CENTER LINE OF 17TH AVENUE 788.52 FEET TO A. PONT. THEN RUN NoRa ;89 DEGREES 23 .MINUTES 57 SECONDS WEST 35.00 FEET TO THE WEST' LINE OF 17TII. AVENUE AND A POINT OF BEGINNING: THEN RUN NORTH 89 DEGREES; 23 MINUTES 57 SECONDS WEST 495.47 FEET ID A P oINT: THEN RUN NORTH 00 DEGREES 26 MINI TES 20 SECONDS EAST 480.00 FEET TO A .POINT, THEN RUN SOUTH 89 DEGREES 07 MINUTES 53SECONDS EAST 499.59 .FEET TO A POINT, THEN RUN SOUTH 00 DEGREES :56 MINUTES 45 SECONDS WEST 477.62 FEET TO THE POINT OF BEGINNING.