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Home My WebLink About2013-047RESOLUTION NO. 2013- 047 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A COMMUNITY INTEREST EIGHTH AMENDMENT AND MODIFICATION TO NINETY-NINE YEAR LEASE WITH ST. FRANCIS MANOR, INC., FOR COUNTY OWNED PROPERTY AT 1725 17th AVENUE. WHEREAS, St. Francis Manor, Inc. ("SFM"), and the Board of County Commissioners entered into a Lease Agreement and several subsequent amendments for County -owned property at 1750 20th Street, Vero Beach, FL, on August 8, 1973, for a term of 99 -years at a rate of $1.00 per year for use as low cost housing for senior citizens; and WHEREAS, SFM requested that the Board of County Commissioners consider leasing certain County -owned property at 1725 17th Avenue, Vero Beach, Vero Beach, FL, commonly known as the Old County jail Site ("Property") to SFM for use as additional property for expansion of their current apartment complex; and WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare; and WHEREAS, SFM is a Florida non-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: 1. The Board finds that the Property is not needed for County purposes and that St. Francis Manor, 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 Eighth 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. The foregoing Resolution was offered by Commissioner o1Bryan and seconded by Commissioner Davis , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher YEA Vice Chairman Wesley S. Davis YEA Commissioner Peter D. O'Bryan YEA Commissioner Bob Solari NAY Commissioner Tim Zorc VP RESOLUTION NO. 2013- 047 The Chairman thereupon declared the Resolution duly passed and adopted this 4th day of June, 2013. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller] DdoiGty -Clerk Approved as to form and legal sufficiency: AWiam K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS r. By 9oseph E. Flescher, Chairman,, 7 2 EIGHTH AMENDMENT AND MODIFICATION OF NINETY-NINE YEAR LEASE 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, 2012-1 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 '" V'i ' I T "All 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 IN WITNESS WHEREOF, the undersigned have approved and executed this Eighth Amendment and Modification to Ninety-Nine Year Lease, to take effect on this — day of _, 2013. Approved: Joseph A. Baird County Administrator Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Date Approved by BCC Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC. N3 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 _, 2013, by Louis Schacht, President of ST. FRANCIS MANOR OF VERO BEACH, 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 0 101 11 lk4 4 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 SOUTIJ 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 -'B": 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\l3-273S_ST Francis\Docs\Legal\St Francis—PARCEL G.doc 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 89022'00" 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 89007'53" 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 8900753" 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 37009'40" EAST A DISTANCE OF 48.30 FEET; THENCE SOUTH 06°42'40" 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 Fran cis\Docs\Legal\St Francis—PARCEL G.doc 2 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\13-2735_ST Francis\Docs\Legal\St Francis—PARCEL G.doc I I i I ---------.—__- .s H0p9ER AVENUE t6tl, 31i�T mom' 50 R1W PI ms. orw»eop _.._. w.. oaa wa�[..^ k ARXIRIY j i m, uo B.A M —AMA I m a L✓+ I I I 6LOt1. R 10 8 6 7 6 5 4 3 2 1 am ____. L �JZ r3?L._® ST. fiiVBCB AI4ML1R LYriEa-: .—._. � —-- �I I _ rns--------. �a IT FRuU —2: ..ow...w. "".' Iia mum .Z ST FRuxis wvX.w » ^•,•••'� o papmHro1 ga LESS AND EXCEPT PARCEL [ra'.e- [ ro g$ B O R 8 808. PG 2359 1= s "��roF••�P ST FRAROSrw,wl �z fid.».. �.,..� y 1 c a<nv,m r»ro[ Ivc� x iTa[ • I c+reEp, u,o.e,a 1 pazeEarvo °e "' .uen.o.0 usr.nx.,mnw w»mwu..,woss•uvwv., s�ecom I x�i ORB 808, PC— — — m m . vQ I L'�" Q� „w...w.m.,..M,»...w.a•. .�w..b .Wo.w .,.......,,.�. o.r, [,vmaamvioi I I �� E I �� I g -g ,..,."..�...®,om....00.",,.a ya• ...�,e....» w..»w., ff,»a s mm's.. a._r a rr. iT I � - I I ® � �..[.sor I" I cm m 'ak+�ag sww OF SEW I � g sccnav2-33.'.G 19 Y . c...ws.ru+o.a.�..ee wz,..n»».w...n�..c.r,.. uc.r.+r...ier•.. A 9 I I I �—I I nam .a,...»......v,m, •,b s mmm .eoml9) s"m�...m.� w.. •.• »�u'� � I I �� I srm'r3[arnw GRAPHIC SCALE THIS IS NOT A BOUNDARY SURVEY zve (r .a-mrwym _ ST. FRANCIS MANOR OF VERO BEACH, INC. 1750 20TH AVENUE VERO BEACH, FLORIDA 32960 fi A CAKM ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYOR 1708 21st STREET, VERO BEACH, FL 32860 TEL (772)502191 FAX T/12)582 it — __ _ ___ _ _ _ - p jfi SKETCH AND DESCRIPTION SHEET PART OF THE SW114 OF SE 114 OF SECTION 2, T 33 S. R 39 E INDAIN RIVER COUNTY. FLORIDA 'II n ST FRANCIS MANOR ne;,P's,A'°"c PARCEL'G' N v