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Home My WebLink About2013-048• • # 1 �3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A COMMUNITY INTEREST FIRST AMENDED LEASE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., FOR COUNTY OWNED PROPERTY AT 1725 17th AVENUE. WHEREAS, the Boys and Girls Club of Indian River County, Inc. ("Boys and Girls Club"), and the Board of County Commissioners entered into a Lease Agreement for County -owned property at 1729 17th Avenue, Vero Beach, FL, on September 1, 2008, for a term of 50 -years at a rate of $1.00 per year for use as a center for their various programs; and WHEREAS, the Boys and Girls Club 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 the Boys and Girls Club for use as a recreation area for their program participants; and WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare; and WHEREAS, the Boys and Girls Club 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 the Boys and Girls Club 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 First Amended Lease Agreement between the Board and the Boys and Girls Club, in the form set forth in the attached Exhibit "A" at the same term and rental rate, adding the additional property to the existing 50 -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 O'Bryan and seconded by Commissioner Flescher , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher YE.,A, Vice Chairman Wesley S. Davis _ YEA Commissioner Peter D. O'Bryan VP Commissioner Bob Solari NAV Commissioner Tim Zorc YEA RESOLUTION NO. 2013- 048 The Chairman thereupon declared the Resolution duly passed and adopted this 4'h day of June, 2013. Attest: Jeffrey R. Smith, Clerk of Court and Comptroll B Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By249i�4 seph E. Flescher, Chairman FIRST LEASE AMENDMENT AND MODIFICATION THIS FIRST LEASE AMENDMENT AND MODIFICATION ("First Amendment") is entered into this 4th day of June, 2013 ("Effective Date"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a Florida non-profit corporation, 1729 17'" Avenue, Vero Beach, FL 32960 ("Tenant"). WHEREAS, the County and Tenant (the Parties) entered into a fifty (50) year Lease Agreement (Lease) on September 1, 2008; and WHEREAS, Indian River County is authorized, pursuant to Florida Statutes Section 125.38, to lease real property owned by Indian River County to not-for-profit organizations organized for the purposes of promoting community interest and welfare; and WHEREAS, the Boys and Girls Club of Indian River County, Inc. constructed a youth center and other improvements on the Leased Premises; and WHEREAS, additional publicly owned land adjacent to the Leased Premises has become available to the Tenant and Tenant desires to have the additional land included in its Lease Agreement with the County; and WHEREAS, the Indian River County Board of County Commissioners finds that use of public lands by the Boys and Girls Club of Indian River County, Inc. constitutes a public use and benefit. NOW, THEREFORE, upon the good and valuable consideration set forth herein, the Lease Agreement dated September 1, 2008 is hereby Amended and Modified as followed: A. That the real property depicted and described in Exhibit "A" attached and incorporated by reference herein, 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 terms of the original 50 -year lease, B. The Tenant shall be responsible for all maintenance the Old Jail Site Parcel. C. The Tenant shall cause the Old Jail Site 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 Tenant shall pay all utilities associated with the Old Jail Site Parcel. A'; E. Tenant shall, at Tenant's sole expense, demolish the existing buildings present on the Old Jail Site Parcel. F. The Tenant shall have three (3) years from the date of this Amendment to construct improvements for meaningful use consistent with the mission of the Boys and Girls Club of Indian River, Inc. The construction of improvements on the Old Jail Site Parcel shall comply with the terms of the 50 -Year Lease dated September 1, 2008. If Tenant fails to construct the improvements, and after notice to Tenant by County, this Amendment is subject to cancellation upon approval of a resolution by the County. G. This First Amendment and Modification is subject to all of the terms and conditions of the original Lease executed on September 1, 2008, except as amended by this agreement, so that the same shall constitute one Lease. H. The Notice addresses described in Paragraph 19.1 of the Lease Agreement are amended as follows: County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Public Works Director Tenant: Boys and Girls Club of Indian River, Inc. 1729 17th Avenue Vero Beach, FL 32960 Attn: President and CEO REMAINDER OF PAGE INTENTIONALLY BLANK 2 IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this First Lease Amendment upon the terms and conditions above stated on the day and year first written above. Attest: Jeffrey R. Smith, Clerk of Court And Comptroller :0 Deputy Clerk Attest: Corporate Secretary [seal] By: Elizabeth Thomason Executive Director INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Bv: Joseph E. Flescher, Chairman Approved: Joseph A. Baird County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a Florida non-profit corporation John McNamara Chairman 3 A00 Being a parcel of land lying in the Southwest one-quarter of the Southeast one-quarter of Section 2, Township 33 South, Range 39 East, Indian River County, Florida, said parcel being more particularly described as follows: COMMENCE at the Southwest corner of the Southeast one-quarter of said Section 2; Thence run South 89°35'12" East, along the South line of said Section 2, a distance of 978.48 feet to the centerline of 17th Avenue; thence run North 00°34'40" East, along said centerline of 17th Avenue, a distance of 1126.31 feet; thence departing said centerline of 17th Avenue, run North 8926'42" West, a distance of 35.00 feet to a point, said point being the Southeast corner of those lands as described in Official Records Book 806, Page 2259, of the Public Records of Indian River County, Florida and the POINT OF BEGINNING; thence continue North 89°26'42" West, along the south line of said lands, a distance of 293.00 feet; thence run South 00°34'40" West, along a line lying 328.00 feet West of, as measured at right angles to, the aforementioned centerline of 17th Avenue, a distance of 338.74 feet; thence run South 8943'32" East, a distance of 293.00 feet, to a point on the Westerly right-of-way line of 17`h Avenue; thence run North 00°34'40" East, along said Westerly right-of-way line, a distance of 337.31 feet to the POINT OF BEGINNING. Containing 2.27 Acres more or less