HomeMy WebLinkAbout2019-024RESOLUTION NO. 2019- 024
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
APPROVING A THIRD 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 (Board) entered into a Lease
Agreement for County -owned property located at 4875 43rd Avenue, Vero Beach, Indian River County,
Florida ("Property") on November 19, 2002, for a term of 40 -years, at a rental rate of $1.00 per year
for use as an activity center for area youths; and
WHEREAS, on January 20, 2015, the Board amended and extended the Lease Agreement to
a term of 99 -years to continue their use of the Property; and
WHEREAS, On March 6, 2018, the Board approved a Second Amendment to Lease
Agreement for GYAC to construct a one story classroom building on the Property that in the future
could be expanded to add a second floor and to construct such future improvements with the prior
consent of the Board; and
WHEREAS, during the construction process, it was discovered that and additional 780 square
feet (0.02 acres) needed to be added to the Lease Agreement to be used for stormwater treatment;
and
WHEREAS, the Board of County Commissioners finds that such use of the County owned
Property promotes the County's 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 a Third Amendment to the lease of the Property;
b. the 0.02acre Property is not needed for County purposes;
c. The use of the Property for stormwater treatment for the a classroom and youth
achievement center promotes the County interests and welfare;
2. The Board approves and authorizes the Chairman to execute the Third Amendment to Lease
Agreement between the Board and the GYAC, adding an additional 0.02 acres to the Property
for stormwater treatment, described in the attached Exhibit "A".
3. The Third Amendment to Lease Agreement is entered into pursuant to the authority of Florida
Statutes §125.01 and §125.38.
RESOLUTION NO. 2019-024
The foregoing Resolution was offered by Commissioner F1 escher and seconded by
Commissioner 7,,r(--, and, upon being put to a vote, the vote was as follows:
Chairman Bob Solari
AYE
Vice Chairman Susan Adams
AYE
Commissioner Joseph E. Flescher
AYE
Commissioner Peter D. O'Bryan
AYE
Commissioner Tim Zorc
AYE
The Chairman thereupon declared the Resolution duly passed and adopted this 26th day of
March, 2019.
Attest: Jeffrey R. Smith, Clerk of
ourt and Comptroller
By GUl/ U
Deputy Clerk
Approved:
Jaso E. Prown
Couritv Ahministrator
Approved as to form and legal
sufficiency:
Z(11" I
liam K. D Braal
Deputy County Attorney
2
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
•"'�•h1MISsj"" •.
By
Bob Solari, Chairman ;yrs
a 'o
• VE
Exhibit "A"
Leal Descr'don Sketch
for a St®rmwater Easement
at the Gifford Youth Achievement Center Site
Indian River County, Florida
S'lr eet I of 2
Not Valid WithoutAII Sheets
SUR VEYORS._NOTES
1) THE BASIS OF BEARINGS IS THE EAST CINE OF SEC71ON 21 WHICH BEARS S00,10,46"W.
2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRA77NG THE LEGAL DESCRIPTION TO WHICH IT 1S
A 1TACHED.
3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED.
4) THIS SKETCH MEETS THE STANDARD PRAC77CES FOR SURVEYING AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRA.77VE CODE, PURSUANT TO SEC77ON 472.027,
FLORIDA STATUTES
LEGEND
R/W
RIGHT—OF—WAY
NO.
NUMBER
R
RADIUS
L
LENGTH
CH
CHORD DISTANCE
.CB
CHORD BEARING
PSM
PROFESSIONAL SURVEYOR AND MAPPER
A
DEL TA
N
N097H
S
SOUTH
E
EAST
W
WEST
GYAC
GIFFORD YOUTH ACHIEVEMENT CENTER
LEGAL. DESCRIPTION
COMMENCING' AT THE NORTHEAST CORNER OF TRACT 9, SECTION 21, TOWNSHIP 32 SOUTH, RANGE
39 EAST; THENCE SOO'10'46"W, .ALONG THE EAST LINE OF SAID SEC77ON 21; A DISTANCE OF 30.00
FEET TO AN INTERSECTION WITH THE SOU7H RIGHT OF WAY LINE OF THE LA7FRAL A--8 CANAL;
THENCE N89 46'1.9"W ALONG SAID SOUTH RIGHT OF WAY UNE, A DISTANCE OF 612.89 FEET TO THE
NORTHWEST CORNER OF 7HE EXISTING GIFFORD YOUTH ACHIEVEMENT CENTER LEASE;
THENCE SOUTH 0070'46" WEST ALONG THE SAID GIFFORD YOUTH ACHIEVE=MENT CENTER LEASE
BOUNDARY A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
EASEMENT; THENCE CONTINUE SOUTHERLY ALONG SAID LEASE BOUNDARY LINE, A DISTANCE OF
10.00 FEET, THENCE CONTINUE ALONG SAID LEASE LINE SOUTH 2-249'08" EAST, A DISTANCE OF
38..15 FEET, THENCE, LEAVING SAID LEASE BOUNDARY, NORTH 48-47.57" WEST, A DISTANCE OF
55.00 FEET THENCE .NORTH 0853'43" EAST, A DISTANCE OF 15.00 FEET, THENCE SOUTH
76'23'28"' EAST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING..
CONTAINING 779.42 SQUARE FEET OR 0,0179 ACRES, MORE OR LESS
Drawn by:Checked by File name Date I Scale Drawing Name
BMM I DMT 1 7158 2/25/19 1 NONE 7158 -Pond -ease
NOT VALID iMTHOUT THE SIGNATURE AND
Masteller, Moler & Taylor, Inc. THE ORIGINA SED SEAL OF A FLORIDA
PROFESSIONAL SURVEYORS .AND MAPPERS UdEN RVEY D MAP PE .
LAND SUPVEYING BUSINESS 114644
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (77.2) 564-8050 Fax: (772) 794-0647 AVID TAYLOR P.L.S. 5243
Exhibit "A"
Legal Description & ,ketch
.for a Stormwater Easement
at the Gifford Youth A thieve ent Center Site
Indian River County, Florida
Sheet 2 of 2
Not Valid WithoutAll Sheets
POINT OF COMMENCEMENT
ME CORNER TRACT 9. SEC710H
NW CORNER OF 21®T32S–R39E
GYAC LEASE
— — - ?—
LATERAL A-8 CANAL (30' R/W) 300'10'46"W 30.00'
576:23'28"E � SOO-10'46"W 40.00' N89'46'19"W 612.89'
25.00'
N08'53'43 , POINT OF BEGINNING ® sH SOUTH R/W ,LINE
15.00' / S00'10'46"W 10.00' LATERAL A-8 CANAL iI
MODUUR I of
N48147'57"W Fu
55:00' S22*49'08"E 38.15' I I
SUBI ECT 5�-- °-I
STORMWATER
EASEMENT CSS MUL su STORY I
STEMWALL II
GYAC LEASE LOCATION
BOUNDARY
I
I I
I
E AL OESCRIPTI N & TCHDrawn by: Checked by File name Date Scale Drawing Name
"This is NOT a Boundary Survev" BMM I DMT 1 7158 12/.25/19 1"=80' 7158 -pond -ease
NOT VALID WITHOUT THE SIGNATURE; AND
Masteller, Moler & Taylor, Inc. THE ORIGINAL ISED SEAL OF A FLORIDA
LICENS SU VEYOR AND MAPPE
.. PROFESSIONAL SURVEYORS AND MAPPERS
LAND SURVEYING BUSINESS #4644 -Y
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-805.0 Fax: (772) 794-0647 AVID TAYLOR P.L.S. 5243