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HomeMy WebLinkAbout2013-097 67 Lf � I•J EIGHTH AMENDMENT AND MODIFICATION 13F-75 OF Sem A�TKoP-�2uv� NINETY-NINE YEAR LEASE I� -R�-50.2-613--d pa�� d 41 02 `�- O�� ' 0 l 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, 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 WHEREAS, The former site of the County jail, is adjacent to the Leased Premises and has been declared surplus property by the Lessor; and WHEREAS, Lessee desires to add a portion of the old 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 contained in a separate leasehold which is not intended to be part of the new, expanded Leased Premises; and WHEREAS, the Lessor and Lessee desire to execute an Eighth Amendment and Modification to said Lease in the manner hereinafter set forth; and WHEREAS, the execution of the Eighth Amendment and the Modification has been duly authorized by the Lessor and accepted by the Lessee; 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 depicted and described in Exhibit "A" attached and incorporated by reference herein, except for the tower, its associated equipment 1 .1 and accompanying easement thereto, shall be added to the lease and become part of the Leased Premises, together with all improvements thereon. 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. The Lessee shall be responsible for all maintenance of the Old Jail Site parcel. C. The Lessee shall cause the Old Jail Site Parcel to be covered under its existing policy of insurance and the County shall be named as an additional insured. Proof of insurance of the Old Jail Site Parcel shall be provided to the County within ten (10) days of execution of this lease amendment. D. The Lessee shall pay all utilities associated with the Old Jail Site Parcel. E. 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 for meaningful use consistent with the mission of St. Francis Manor of Vero Beach, Inc. The. Construction of Improvements on the Old Jail Site Parcel shall comply with the terms of the Ninety-Nine Year Lease dated August 8, 1973. If Lessee fails to construct the improvements, and after notice to Lessee by County, this Amendment is subject to cancellation upon a majority vote for approval of a resolution by the County. F. This Eighth Amendment and Modification is subject to all of the terms and conditions of the original Lease executed on August 8, 1973, and the seven previous amendments approved and ratified by the parties, except as amended by this agreement, so that the same shall constitute one Lease. 2 SmeadSoR Reprint Date:Thursday,July 07,2016-09:03:12-OfficialDocuments:9575,Attachment Id 1,Page 2 IN WITNESS WHEREOF, the undersigned have approved and executed this Eighth Amendment and Modification to Ninety-Nine Year Lease, to take effect on this 4th day of June, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: oseph E. Flescher, Chairman Approved by BCC Approved: Approved as to form and legal `' _ sufficiency: Joseph BairdWilliam' K. De raa LA County Administrator Deputy County Attorney AttesWJjeffreyR. ' h, Clerk of Court and B Deputy Clf� � r L SmeadSoft Reprint Date:Thursday,July 07,2016-09:03:13-OfficialDocuments:9575,Attachment Id 1,Page 3 _ ST. FRANCIS MANOR OF VERO BEACH, FLORIDA INC. By: Lo is Schacht, President Witness Witness: ' ` - Printed Name: ' �:�.,,.. �, Lz.&,Cprinted Name: L V��i"_r Date S-.7© - 13 Date 5 - 3G i 3 STATE OF FLORIDA COUNTY OF INDIAN RIVER / The foregoing was acknowledged before me this 30 day of , 2013, by Louis Schacht, President of ST. FRANCIS MANOR OF VERO BEAq INC., a Florida non- profit corporation, on behalf of said corporation. NOTARY PUBIC: L4_� i' " r Si nature of Notary Public - State of Florida Stamped Commissioned Name of Notary Public with Commission Expiration Date and l Seal: ' +/ Personally Known OR Produced Identification Type of Identification Produced :Y SANDRA L.WRIGH7 • '= _r x; MY COMMISSION @ EE 1G&365 EXPIRES:June 3,2016 Dunded Thru Notary Publk Under,•mlers 4 SmeadSoft Reprint Date:Thursday,July 07,2016-09:03:13-OfficialDocuments:9575,Attachment td 1,Page 4 i DESCRIPTION PARCEL "G": 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 978.48 FEET TO A POINT. THEN RUN NORTH 00 DEGREES 56 MINUTES 45 SECONDS EAST ALONG THE CENTER LINE OF 17TH AVENUE 788.52 FEET TO A POINT. THEN RUN NORTH 89 DEGREES 23 MINUTES 57 SECONDS WEST 35.00 FEET TO THE WEST LINE OF 17TH AVENUE AND A POINT OF BEGINNING. THEN RUN NORTH 89 DEGREES 23 MINUTES 57 SECONDS WEST 495.47 FEET TO A POINT. THEN RUN NORTH 00 DEGREES 26 MINUTES 20 SECONDS EAST 480.00 FEET TO A POINT. THEN RUN SOUTH 89 DEGREES 07 MINUTES 53 SECONDS 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. LESS AND EXCEPT THE FOLLOWING TRACTS LEASED TO ST. FRANCIS MANOR: Parcel "A": FROM THE NORTHWEST CORNER OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST, RUN SOUTH 89 DEGREES 05 MINUTES 40 SECONDS EAST 80 FEET, THENCE SOUTH 00 DEGREES 36 MINUTES 20 SECONDS WEST 75 FEET; THENCE SOUTH 89 DEGREES 05 MINUTES 40 SECONDS EAST 375 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; FROM POINT OF BEGINNING CONTINUE SOUTH 89 DEGREES 05 MINUTES 40 SECONDS EAST 50 FEET; THENCE SOUTH 00 DEGREES 26 MINUTES 20 SECONDS WEST 62.65 FEET; THENCE SOUTH 68 DEGREES 29 MINUTES 40 SECONDS EAST 20.92 FEET; THENCE SOUTH 37 DEGREES 09 MINUTES 40 SECONDS EAST 48.30 FEET; THENCE SOUTH 06 DEGREES 42 MINUTES 40 SECONDS EAST 53.75 FEET; THENCE SOUTH 22 DEGREES 04 MINUTES 20 SECONDS WEST 77.40 FEET; THENCE SOUTH 58 DEGREES 14 MINUTES 20 SECONDS WEST 67.60 FEET; THENCE SOUTH 79 DEGREES 29 MINUTES 20 SECONDS WEST 20.33 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 20 SECONDS EAST 274 FEET TO POINT OF BEGINNING. ALL IN SECTION 2, TOWNSHIP 33 SOUTH,RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; Parcel GB": FROM THE NORTHWEST CORNER OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST, RUN SOUTH 89 DEGREES 05 MINUTES 40 SECONDS EAST 80 FEET; THENCE SOUTH 00 DEGREES 26 MINUTES 20 SECONDS WEST 75 FEET; THENCE SOUTH 89 DEGREES 05 MINUTES 40 SECONDS EAST 375 FEET; THENCE SOUTH 00 DEGREES 26 MINUTES 20 SECONDS WEST 299 FEET TO POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 22 MINUTES 00 SECONDS EAST 30 FEET; THENCE SOUTH 00 DEGREES 26 MINUTES 20 SECONDS WEST 181 FEET; THENCE NORTH 89 DEGREES 22 MINUTES 00 SECONDS WEST 30 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 20 S:\P\I3-273S_ST Francis\Docs\Legal\St Francis—PARCEL G.doc 1 SmeadSoft Reprint Date:Thursday,My 07,2016-09:03:14-Officiaftcuments:9575,Attachment Id 1,Page 5 i SECONDS EAST 181 FEET TO POINT OF BEGINNING. ALL IN SECTION 2, TOWNSHIP 33 SOUTH,RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT SW 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 978.48 FEET. THENCE RUN NORTH 00 DEGREES 56 MINUTES 45 SECONDS EAST ALONG THE CENTER LINE OF 17TH AVENUE 1126.14 FEET TO A POINT. THEN RUN NORTH 89 DEGREES 07 MINUTES 33 SECONDS WEST 35 FEET TO A POINT OF BEGINNING. THEN RUN NORTH 89 DEGREES 07 MINUTES 33 SECONDS WEST 318.00 FEET TO A POINT. THEN RUN NORTH 00 DEGREES 56 MINUTES 45 SECONDS EAST 140 FEET TO A POINT. THEN RUN SOUTH 89 DEGREES 07 MINUTES 33 SECONDS EAST 318.00 FEET TO A POINT. THEN RUN SOUTH 00 DEGREES 56 MINUTES 45 SECONDS WEST 140 FEET TO THE POINT OF BEGINNING; (OFFICIAL RECORDS BOOK 806, PAGE 2259, INDIAN RIVER COUNTY, FLORIDA) ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED (PARCEL "C" ST. FRANCIS MANOR) COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 2,TOWNSHIP 33 SOUTH, RANGE 39 EAST RUN SOUTH 89°22'00" EAST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF SAID SECTION 2 A DISTANCE OF 978.5 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE CENTERLINE OF 17th AVENUE; THENCE NORTH 00056'45" EAST ALONG THE SAID CENTERLINE OF 17th AVENUE A DISTANCE OF 1266.03 FEET TO AN INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 60 FOOT RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORD BOOK 39, PAGE 14, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 89°07'53" WEST ALONG THE SAID SOUTH RIGHT-OF-WAY LINE,AND THE EASTERLY EXTENSION, THEREOF, A DISTANCE OF 35.00 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF 17th AVENUE; THENCE CONTINUE NORTH 89°07'53" WEST ALONG THE SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 318.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; FROM SAID POINT OF BEGINNING CONTINUE NORTH 89007'53" WEST A DISTANCE OF 131.71 FEET; THENCE SOUTH 00°26'20" WEST A DISTANCE OF 62.65 FEET; THENCE SOUTH 68029'40" EAST A DISTANCE OF 20.92 FEET; THENCE SOUTH 37°09'40"EAST A DISTANCE OF 48.30 FEET; THENCE SOUTH 06042'40" EAST A DISTANCE OF 32.31 FEET; THENCE SOUTH 89°07'53" EAST AND PARALLEL WITH THE SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 77.47 FEET; THENCE RUN NORTH 00056'45" EAST AND PARALLEL WITH THE SAID CENTERLINE OF 17TH AVENUE A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; S:\P\13-273S—ST Francis\Docs\Legal\St Francis—PARCEL G.doc 2 SmeadSoft Reprint Date:Thursday,July 07,2016-09:03:14-OfficialDocuments:9575,Attachment Id 1,Page 6 ALSO LESS AND EXCEPT THE EAST 293.00 FEET THEREOF. CONTAINING 1.22 ACRES MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS OF WAYS AND RESTRICTIONS OF RECORD. S:\P\13-273S_ST Francis\Docs\Legat4St Francis—PARCEL G.doc 3 SmeadSoR Reprint Date:Thursday,Jury 07,2016-09:03:15-OfficialDocument5:9575,Attachment Id 1,Page 7 ' 9 a6ed'I PI luawPeAV'SLS6:s4uawnxGlePWO-91:£0:60-9i0Z'LO Nni'AepsmµL:a1e01uuday yoSP—S S1PU3-273SST FmndAd%vgW-Z73Sdw•w 4/IWM1311.4P3s AM Su—Y.PC �st `�.• 20th AVENUE Straw ' E,=tt,.; !i:a (iii t YE•t:t':Et tT s: st' ..jtr i jt' ��" t{�sL�g4v�� ��i,'�ttpi. iR�94E(i 84 ��'• � z • (ipSF``' 4�tf�=a 'i a� &1 1;e LIPIMI If i s z 8 If.t; i °'�j�f'� B�'iia! 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