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HomeMy WebLinkAbout2015-013RESOLUTION NO. 2015-013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A FIRST AMENDMENT TO LEASE AGREEMENT WITH THE GIFFORD YOUTH ACHIEVEMENT CENTER, INC., FOR COUNTY OWNED PROPERTY KNOWN AS THE GIFFORD YOUTH ACHIEVEMENT CENTER. WHEREAS, the Gifford Youth Activity Center, Inc. n/k/a the Gifford Youth Achievement Center, Inc. ("GYAC"), and the Board of County Commissioners entered into a Lease Agreement for County -owned property located at 4875 431d Avenue, Vero Beach, Indian River County, Florida ("Property") on November 19, 2002, for a term of 40 -years for use as an activity center for area youths; and WHEREAS, the rental rate was $1.00 per year; and WHEREAS, GYAC has requested that the Board of County Commissioners consider amending and extending the existing Lease Agreement for an additional 99 -years to continue their use of the activity center; and WHEREAS, the Board of County Commissioners finds that such a use of the County owned Property promotes the County interests and welfare, and WHEREAS, the GYAC is a Florida not for profit corporation and a corporation organized exclusively for charitable and educational purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: In accordance with Florida Statutes §125 38, the Board finds that: a The Gifford Youth Achievement Center, Inc ("GYAC") has made proper application as required for an amendment and extension of the lease of the Property; b. the Property is not needed for County purposes, c The use of the Property as a youth activity center promotes the County interests and welfare, 2 The Board approves and authorizes the Chairman to execute the First Amendment to Lease Agreement between the Board and the GYAC, for a term of 99 -years at an annual rate of $1 00 per year for the Property described in the attached Exhibit "A"; 3. The First Amendment to Lease Agreement is entered into pursuant to the authority of Florida Statutes §125.01 and §125.38 The foregoing Resolution was offered by Commissioner Solari and seconded by Commissioner Flescher, and, upon being put to a vote, the vote was as follows, Chairman Wesley S Davis Aye Vice Chairman Bob Solari Aye Commissioner Joseph E Flescher Aye Commissioner Peter D. O'Bryan Aye Commissioner Tim Zorc Aye RESOLUTION NO. 2015-013 The Chairman thereupon declared the Resolution duly passed and adopted this 20th day of January, 2015 Attest: Jeffrey R. Smith, Clerk of trolle Court and ,(2*mp :7- r By Deputy UTOPTEM 2A, / Ooseph . Ba ir d County Administrator Approved as to form and legal sufficiency: I f ' ;1 7 1 William K DeBraal Deputy County Attorney kkkk a go NP i OIN 04 1 W&490J ITA I th I FINC11 ON By - �W�esleAks4�hairm'an 'Fil EXHIBIT .R' LEGAL DESCRIPTION—LEASE AREA A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT 9, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 21, AND RUN SO -10'46"W, ALONG THE EAST LINE OF SAID SECTION 21, A DISTANCE OF 30 FEET TO A POINT ON THE EASTERLY PROJECTION OF THE SOUTH RIGHT—OF—WAY LINE OF THE LATERAL "A-8" CANAL (30' R/W); THENCE RUN N89'46'19"W, ALONG THE SOUTH LINE OF THE SAID LATERAL "A-8" CANAL, A DISTANCE OF 254.50 FEET TO THE POINT OF BEGINNING; THENCE n CONTINUE ALONG THE SOUTH LINE OF THE SAID LATERAL "A-8" CANAL, N89'4619"W A DISTANCE OF 358.39 FEET TO A POINT; THENCE, LEAVING SAID SOUTH RIGHT—OF—WAY LINE OF THE LATERAL "A-8" CANAL, RUN SO'10'46"W A DISTANCE OF 50.00 FEET TO A POINT; THENCE RUN S22'49'08"E A DISTANCE OF 181.78 FEET TO A POINT; THENCE RUN S13'11'39"E A DISTANCE OF 120.00 FEET TO A POINT; THENCE RUN S27'13'56"E A DISTANCE OF 285.00 FEET TO A POINT; THENCE RUN S89'46'19"E A DISTANCE OF 115.00 FEET TO A POINT; THENCE RUN NO'10'46"E A DISTANCE OF 135.09 FEET TO A POINT; THENCE RUN N79'00'00"E A DISTANCE OF 48.42 FEET TO A POINT; THENCE RUN N85'00'00"E A DISTANCE OF 45.00 FEET TO A POINT; THENCE RUN N46'00'00"E A DISTANCE OF 50.50 FEET TO A POINT; THENCE RUN a NO'10'46"E A DISTANCE OF 16.50 FEET TO A POINT; THENCE RUN S89'46'19"E A DISTANCE OF 89.37 FEET TO A POINT, SAID POINT LYING 50 FEET WEST OF, AS MEASURED NORMAL TO THE EAST LINE OF AFOREMENTIONED SECTION 21; THENCE RUN NO'10'46"E, PARALLEL WITH AND 50 FEET WEST OF THE EAST LINE OF SECTION 21, A DISTANCE OF 158.00 FEET TO A POINT; THENCE RUN N89'46'19"W A DISTANCE OF 204.50 FEET a TO A POINT; THENCE RUN NO'10'46"E A DISTANCE OF 228.54 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF THE LATERAL "A-8" CANAL, AND THE POINT OF BEGINNING. CONTAINING 189,059.70 SQUARE FEET, MORE OR LESS, OR 4.34 ACRES. NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. N Y D a N_ yrO m V O O � oz NOT VALID WITHOUT BOTH' SHEETS 1 AND 2 AS CREATED 1 TH/S /S NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION 4g PREPARED BY THE INDIAN RIVER COUNTY SURVEY SECTION Y INDIAN RIVER COUNTY ADMINISTRATION BUILDIN DRAM" BY: SECTION 21 SKETCH AND DESCR/PT/ON OF /ND/.4N R/ICER COUNTY B. ROACH I 1801 27TH STREET DEPARTMENT OF PURL/C WORKS I TOW N S H I P 32S S"� vERO BEACH, FL 32980 APPROVED BY: (772) 567-8000 ENG/NEER/NG GIFFORD YOUTH CENTER LEASE M. 0'BR/EN I RANGE 39E 2 A9/VIS/ON of