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HomeMy WebLinkAbout2014-049RESOLUTION NO. 2014-049 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO EXECUTE DOCUMENTS CONSISTENT WITH ST. FRANCIS MANOR'S REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT AND REZONING REQUEST FOR COUNTY OWNED PROPERTY. WHEREAS, on the 8th of August, 1973, the County did execute a Ninety -Nine Year Lease 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, the original 1973 lease has been amended several times over the years and the Eighth Amendment added a portion of the Old County Jail Site to its Leased Premises; and WHEREAS, St. Francis Manor (SFM) has applied to the City of Vero Beach for a comprehensive plan amendment and rezoning to change the land use designation and zoning of the property from governmental use to multi -family housing; 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 executed a Ninth Amendment and Modification to the 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 included in SFM comprehensive plan amendment and rezoning change; and WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare and is not needed for County purposes; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board finds that the Propert y is not needed for County purposes and that St. Francis Manor of Vero Beach, Florida, Inc. has made application as required by Florida Statutes section 125.38 for a lease of the Property; 2. The Board approves, and authorizes the Chairman to execute a Ninth Amendment and Modification to Ninety -Nine Year Lease between the Board and SFM, in the form set forth in the attached Exhibit "A" at the same term and rental rate, adding the additional property to the existing 99 -year lease; 3. The Lease Agreement is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01. 4. The Board of County Commissioners of Indian River County hereby expressly Iii ovides 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 for the leased properties and hereby 1 RESOLUTION NO. 2014 -fig the SFM comprehensive plan amendment and zoning change. Any costs associated with the changes will be the responsibility of SFM and this resolution does not act as a conveyance of any property interests. The foregoing Resolution was offered by Commissioner F1 escher and seconded by Commissioner Davis , and, upon being put to a vote, the vote was as follows: Chairman Vice Chairman Commissioner Commissioner Commissioner Peter D. O'Bryan Wesley S. Davis Joseph E. Flescher Bob Solari Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 3rd Jay of June, 2014. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal William K. DeBraal Deputy County Attorney i a INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Cha WAS The Chairman thereupon declared the Resolution duly passed and adopted this 3rd Jay of June, 2014. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal William K. DeBraal Deputy County Attorney i a INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Cha NINTH AMENDMENT AND MODIFICATION OF NINETY-NINE YEAR LEASE THIS NINTH AMEN TMENT 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 aNinety-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 propert y 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; EXHIBIT "A" NOW, 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 Site 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 Ninth 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. 7 IN WITNESS WHEREOF, the undersigned have approved and executed this Ninth Amendment and Modification to Ninety -Nine Year Lease, to take effect on this day of June, 2014. Approved: Joseph A. Baird County Administrator Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Date Approved by BCC Approved as to form and legal William K. DeBraal Deputy County Attorney K? ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC. By: Louis Schacht, President Witness: Printed Name: Date STATE OF FLORIDA COUNTY OF INDIAN RIVER Witness: Printed Name: Date The foregoing was acknowledged before me this day of , 201 , by Louis Schacht, President of ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit corporation, on behalf of said corporation. NOTARY PUBIC: Signature of Notary Public -State of Florida Stamped Commissioned Name of Notary Public with Commission Expiration Date and Seal: Personally Known Produced Identification Type of Identification Produced 0 OR IIIBIT "A" DESCRIPTION PARCEL "G": OBNCE AT THE- SOUTFIVVEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 2;: TOWNSHIP 33 SOUTH, RANGE 39 EAST ARID RUN SOUTH 89 DEGREES 22 MINUTES EAST ALONG THE SECTION LINE 978.48 FEET TO A POINT, THEN RTJNw NORTH 0.0 .DEGREES 56 MINUTES 45 SECONDS EAST ALO] IG THE CENTER LINE OF 17 H A ENUE 788.52 FEET TO A..PO%NT. THEN 1tlN NOXTH S! DEGREES 2'3 MINUTES 57 SECONDS WEST 3-5vOO-FEET TOb THE NEST' LINE OF '17TH AVENUE. AND A POINT OF BEGINNING; THEN RUN IIORTH 89 DEGREES 23 MINUTES 57 SECONDS WEST 495.47 FEET TO ,A.. POZN T: THEN 'RUN NORTH DO DEGREES 26 MII t. TI✓5 20. SECOI`jp IrAST 480.00 DEET TO' A POINT, THEN RUN SOUTH $9 DEGREES 07 .MINUTES S3 $tCONDS EA,V 499.59 -VEET TO A POINT, THEN RUN SOUTH .00 DEGREES '56 MINUTES 45 -SECONDS WEST 477.62 FEET TO THE POINT :OF BEGINNING.