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Home My WebLink About2016-197 TENTH AMENDMENT AND MODIFICATION OF NINETY-NINE YEAR LEASE THIS TENTH AMENTMENT AND MODIFICATION OF NINETY-NINE YEAR LEASE made and entered into on November 22 , 2016, 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 a Ninth Amendment and Modification was executed on June 3, 2014; and WHEREAS, the Eighth Amendment added a portion of the Old County Jail Site to its Leased Premises and the Ninth Amendment added a portion of the area beneath the existing guyed communications tower, the guy wires, adjacent to the tower, and the access easement to the tower, so that it might be used for lawful purposes; and WHEREAS, because of the location of the tower and guy lines, the Old County Jail Site presents construction constraints with Lessee's expansion plans for new units, and WHEREAS, the County has recently declared the property commonly known as the 16th Street Ballfields to be surplus property and this property abuts the existing St. Francis Manor property to the south; and WHEREAS, the Lessee has approached the Lessor and inquired if a part of the 16th Street Ballfield property might be used for future expansion of St Francis Manor; and WHEREAS, the Lessor and Lessee desire to execute a Tenth Amendment and Modification to the original Lease in order to add a 0.61 acre section of the 16th Street Ballfield property to the existing lease, and 1 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 16th Street Ballfield parcel and shall be subject to the original 99 year lease and the amendments thereafter. B. 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 for development of the 16th Street Ballfield parcel consistent with the terms of the original Lease. C. This Tenth Amendment and Modification is subject to all of the terms and conditions of the original Lease executed on August 8, 1973, and the nine 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 Tenth Amendment and Modification to Ninety-Nine Year Lease, to take effect on the 1St day of December, 2016. BOARD OF COUNTY COMMISSIONERS „,. INDIAN RIVER COUNTY, FLORIDA •oJ�,� `l"�.... B f� Jo ph E. Flescher, Chairman Date Approved by BCC Novemhpr 22 , 2016 Approved Approved as to form and legal sufficiency: Xy Jaso E. rown William K. DeB al Coun ministrator Deputy County Attorney Attest: Jeffrey R Smith, Clerk of Court and Comptroller Deputy Clerk 3 ST. FRANCIS M7� ' 7 - BEACH, FLORIDA, INC. By: A hon O e esI Witness. Witness: Printed Name 0y\ur> ( r��c� Printed Name. A!"4 j 4 t/ /if Z/ ,1 z"t Date Date STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged before me this (� �f day of rc � 2016, by Anthony Dzielski, President of ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC , a Florida non-profit corporation, on behalf of said corporation NOTARY PUBIC: r - f Sig ature 6f Notary Public - State of Florida Otey'• NANCY H.MOSSALI := Commission#FF 185404 ,P Expires March 26,2019 Stamped Commissioned Name of Notary • p� ?.` Bw Md Tft Troy Fen k wry ve 900.38,`x7019 Public with Commission Expiration Date and Seal: Personally Known �_ OR Produced Identification Type of Identification Produced CSE � f i ei Cl( 4 EXHIBIT "A" LEGAL DESCRIPTION: St. FRANCIS MANOR FUTURE DEVELOPMENT EASEMENT A PARCEL OF LAND LYING UPON THE BUD RILEY FIELD PARCEL AS DESCRIBED IN DEED BOOK 27, PAGE 150, SAID PARCEL LYING IN SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST AND RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE—QUARTER OF SAID SECTION 2, THENCE RUN N00'02'39"E, ALONG THE WEST LINE OF THE SOUTHEAST ONE—QUARTER OF SAID SECTION 2, A DISTANCE OF 730 75 FEET TO THE INTERSECTION OF SAID LINE AND THE WESTERLY EXTENSION OF THE NORTH LINE OF THE AFORESAID BUD RILEY FIELD PARCEL, THENCE RUN 589'25'35"E, A DISTANCE OF 80 00 FEET TO THE NORTHWEST CORNER OF THE AFORESAID BUD RILEY FIELD PARCEL, SAID POINT ALSO LYING ON THE EAST RIGHT OF WAY LINE OF 20TH AVENUE, THENCE RUN S89-25'35"E, ALONG SAID NORTH LINE, A DISTANCE OF 373 62 FEET TO THE SOUTHEAST CORNER OF St. FRANCIS MANOR, AS DESCRIBED IN OFFICIAL RECORDS BOOK 516, PAGE 305, FOR A POINT OF BEGINNING, THENCE RUN N00'10'11"E, ALONG SAID NORTH LINE, SAID LINE ALSO BEING THE EAST LINE OF SAID St FRANCIS MANOR, A DISTANCE OF 6000 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2651, PAGE 1029, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE DEPARTING SAID EAST LINE RUN S89'43'15"E, ALONG SAID SOUTH LINE, A DISTANCE OF 24400 FEET TO THE NORTHWEST CORNER OF THE SUNSHINE REHABILITATION CENTER AS DESCRIBED IN OFFICIAL RECORDS BOOK 1957, PAGE 2419, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN S00'14'16"W, ALONG THE WEST LINE OF SAID SUNSHINE REHABILITATION CENTER, A DISTANCE OF 108 55 FEET, THENCE DEPARTING SAID WEST LINE RUN N89-43'15"W, A DISTANCE OF 243 87 FEET, THENCE RUN N00'1O'11"E, A DISTANCE OF 48 55 FEET TO THE POINT OF BEGINNING CONTAINING- 0 61 ACRES (26,478 SQUARE FEET), MORE OR LESS SURVEYOR'S NOTES: SYMBOLS AND ABBREVIATIONS: E 1 THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED C L.F = CHAIN LINK FENCE SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON D B = DEED BOOK 2 THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE ESMT = EASEMENT STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE O.R.B = OFFICIAL RECORDS BOOK - 3 THIS SKETCH OF DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND/OR RIGHT—OF—WAYS NOT SHOWN HEREON, BUT MAY BE FOUND P I.D = PARCEL IDENTIFICATION PER PROPERTY APPRAISER N THE PUBLIC RECORDS P 0 B = POINT OF BEGINNING 4 THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY FOR P 0 C = POINT OF COMMENCEMENT BUD RILEY FIELD, PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF OCTOBER 1, z 2013 THE FENCE, CELL TOWER AND GUY WIRES WERE LOCATED ON THE DATE OF OCTOBER 17, R/W = RIGHT OF WAY 2016 SEC = SECTION—TOWNSHIP—RANGE 5 THE BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, 2011 o ADJUSTMENT AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST /p� = CELL TOWER = ZONE THIS SURVEY WAS TIED TO IHE INDIAN RfWER COUNTY REAL—TIME KINEMATIC GLOBAL POSITIONING NETWORK, DERIVING A GP'D BE;,'),JJG,OF N00'02'39"E ALONG THE WEST LINE OF THE = GUY WIRE SOUTHEAST ONE—QUARTER OF SI-C'iON 2, TOWNSr-i!P 33 SOUTH, RANGE 39 EAST CERTIFICATION ; SURVEYOR AND MAPPER' IN R:FSPONS113LE CHARGE /'`l!� I i 2- ��, NOT COMPLETE WITHOUT SHEET 2 OF 2. o DAVID M. SILON P.S.M. DATE THIS IS NOT A BOUNDARY SURVEY o FLORIDA REGISTRATION No. 139 SKETCH TO ACCOMPANY LEGAL DESCRIPTION a '5 INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT z NDIAN RIVER couNrY ADMINISTRATION aulLDwc@�Ov INDIANRIVER COUNTY" oRAwN BY SECTION 2 St.FRANCIS MANOR SHEET eo, z7 n sTREEr partmentofPubllc Works D.SILONTOWNSHIP 33S FUTURE DEVELOPMENT EASEMENT VERO BEACH, FL 32960 APPROVED BY (772) 567-8000 Engineeii g Dfvisron D.SIL RANGE 39E. SKETCH OF DESCRIPTION I 0 30 60 1;0 GHY\Plll(' SCALF, LF, IN FEET ) - r, J Y G Y I INDIAN RIVER COUNTY I j wl m (St FRANCIS MANOR) P.ID No o 33-39-02-00000-7000-00001 1 o ( PER 0 R 8 516, PG 305 a INDIAN RIVER COUNTY Z J W I N 33-39-02-00000-7000-00,301 4 z z I Z PER ORB. 2651, PG 1029 a o 3 Q� /PROPOSED lz UTILITY ESMT -XISTING 15 o = S PROPERTY DRAINAGE ESMT PER _ �z di z I LINE LEASE AGREEMENT w u o 0 I 589'43'15"E 244.00' NW CORNER OF - w U z W _�,, SUNSHINE 3 z w ( J v - - - - -,%f-` REHABILITATION a w O CENTER w N LINE OF BUD O O' ' RILEY FIELD P.O.B. 0 z SE CORNER OF 589'25'35'E NW CORNER OF O' / / ,' c0 ` St FRANCIS MANOR 'f'' � o 8000' BUD RILEY FIELD _ _-- - -_ -_ Z, ' CONTAINING. � ' < , /- 0 61 ACRES ' a373 62'589'2535"E O QOf o O w PROPOSED 20' u` - N0 LLJ Cr cc, ------------------J �, � S-EGRESS'r- ' zo LfTO', ESMT z d O a wof oN U 0 wn I OUZOZ OO OoOZ% 'N89.43'15"W 243 87' Ud o3 < ZI � z o I t,- c' n Z mo-o� - W <( aom CD wI Ic Q Of w C) 0 w� I w I Z� INDIAN RIVER COUNTY 0Qa 00 (BUD RILEY FIELD) i (no M o N I PID No Jlz 33-39-02-00000-7000-00001 3, ' 3 I PER D B 27, PG 150 w I —EXISTING UTILITY ESMT PERF o \� 0 R B 1756, PG 2481 z 0 THIS IS NOT A BOUNDARY SURVEY o P.O.C. SKETCH TO ACCOMPANY LEGAL DESCRIPTIONSwCORa OF SEC ER 2-33-39 of SHE SE 1/4 OF NOT COMPLETE WITHOUT SHEET 1 OF 2. PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT Z 2- NDIAN RIVER COUNTY ADMINISTRATION BUILDING �R1VER INDIA NRI VER COUNTY' DRAWN BY SECTION 2 St. FRANCIS MANOR SHEET 1801 27th STREET DSIL ON3° VERO BEACH, FL 32960 Depart wentofPYbllc Works APPROVED BY TOWNSHIP 33S. FUTURE DEVELOPMENT EASEMENT SKETCH OF DESCRIPTION (772) 567-8000 40RO) Engineering Divlsron D.SIL ON RANGE 39E.