HomeMy WebLinkAbout2019-046BTHIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT ("Third Amendment") dated as of
March 7th , 2019, between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter called the
"Board") whose address is 1801 27th Street, Vero Beach, FL 32960 and GIFFORD YOUTH
ACTIVITY CENTER, INC. n/k/a GIFFORD YOUTH ACHIEVEMENT CENTER, INC., a Florida
not for profit corporation (hereinafter called "GYAC") whose address is 4875 43rd Avenue, Vero
Beach, FL 32967.
BACKGROUND RECITALS
A. On January 6, 1998, the Indian River County Board of County Commissioners as landlord
entered into a lease agreement with the Progressive Civic League of Gifford, Florida, Inc.
as tenant for the Gifford Youth Activities Center.
B. On April 9, 2002, the Board considered a request made by the Gifford Youth Activity
Center, Inc. with the support of the Progressive Civic League to become the tenant of the
Gifford Youth Activity Center pursuant to a new lease.
C. On November 19, 2002, the Board approved a new lease with the Gifford Youth Activity
Center, Inc. as tenant, for a term of forty (40) years at a rate of $1.00 per year.
D. On January 20, 2015, the Board extended the lease with the GYAC, now known as the
Gifford Youth Achievement Center to a 99 -year lease, with an ending date of December
31, 2114.
E. On March 6, 2018, the Board approved a Second Amendment to Lease Agreement in
order for plans for GYAC to build an additional structure on the leased premises consisting
of a one story, 13,000 square foot classroom building that could be expanded to add a
second story of 13,000 square feet in the future.
F. During the construction of the classroom building, it was discovered that additional property
for stormwater treatment was needed requiring a Third Amendment to the 2002 Lease.
The Board and GYAC desire to enter into a Third Amendment to Lease Agreement to add
the property needed for the required stormwater treatment.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and intending to be legally bound, the parties agree as follows:
BACKGROUND RECITALS. The Background Recitals are true and correct and form a material
part of this Lease.
AMENDMENT. The Lease dated November 19, 2002, shall be amended to add the real
property to the leased premises for stormwater treatment purposes, and that property is more
specifically depicted on the sketch and legal description attached as Exhibit "A" and
incorporated by reference herein.
UNCHANGED. Unless amended above, the terms and conditions of the Lease dated
November 18, 2002 shall remain unchanged.
1
IN WITNESS WHEREOF, Landlord and Tenant have executed this Third Amendment to
Lease Agreement the day and year first above written.
GIFFORD YOUTH
ACHIEI VA -
V ME
An • elia Perry
Executive Dir
By:
INC.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Witnessed by:
signature:_)&"(
printed name: Tivsha F erso/)
signature:
printed name:
•••0... S I o NERS •,•••
By: ��?�t D'ate'ppproved by Board: 3/19/19
Bob Solari, Chairman =
Exhibit "A"
Legal .Description & Sketch
for a Stormwater Easement
at the Gifford Youth Achievement Center Site
Indian River County, Florida
Sheet 1 of 2
Not Valid Withotit.All Sheets
SURVEYORS.. NOTES
1) THE BASIS OF BEARINGS IS THE EAST UNE OF SEC770N 21 WHICH BEARS S00'10'46"W.
2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS
ATTACHED.
3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED.
4) THIS SKETCH MEETS 77 -IE STANDARD PRACTICES FOR SURVEYING AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL LAND SURVEYORS IW CHAPTER 5J-17, FLORIDA ADMINISTRAI7VE CODE, PURSUANT TO SEC.77ON 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
DELTA
N NORTH
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 S0070'46"W, ALONG THE EAST LINE OF SAID SECTION 21; A DISTANCE OF 30.00
FEET TO AN INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF THE LATERAL A-8 CANAL;
THENCE N89'46'1.9"W ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 612.89 FEET TO THE
NORTHWEST CORNER OF THE EXISTING 'GIFFORD YOUTH ACHIEVEMENT CENTER LEASE;
THENCE SOUTH 0010'46" WEST ALONG THE SAID GIFFORD YOUTH ACHIEVEMENT 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 22'49'08" 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:
"This is NOT a Boundary Survey BMM
Checked by File name Date Scale Drawing Name
DMT I 7158 1 2/25/19 NONE 7158 -Pond -ease
Masteller, Moler & Taylor, Inc.
PROFESSIONAL SURVEYORS AND MAPPERS
LAND SURVEYING BUSINESS #4644
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINA ISED SEAL OF A FLORIDA
LICEN RVEYQR"RND MAPPE
AVID TAYLOR P.L.S. 5243
Exhibit "A"
Legal I escription & Sketch
for a Stormwater Easement
at the Gifford Youth Achievement Center Site
Indian River County, Florida
Sheet 2 of 2
Not Valid Without All Sheets
NW CORNER OF
GYAC LEASE
S76 23'28"E
25.00'
N08 53'43"E
15.00'
N4847'57"W
55.00'
SUBJECT
STORMWATER
EASEMENT.
POINT OF COMMENCEMENT
NE CORNER TRACT 9, SECTION
21—T32S—R39E
• . . . . • • • • ••••••...]
LATERAL A-8 CANAL (30' R/W) S0010'46"W
S0010'46"W 40.00' N8946'19"W 612.89'
POINT OF BEGINNING ® SH
S0010'461W 10.00'
WODUL
MODULAR
S22'49.08"E 38.15'
I 1
STEMWALL
GYAC LEASE LOCATION
BOUNDARY
MULTI -STORY
CBS BUILDING
SOUTH R/W :LINE
LATERAL A-8 CANAL
5.1
J)
LEGAL DESCR/PTION & SKETCH
"This is NOT a .Boundary Survey"
Drawn by: Checked by File name Date Scale Drawing Name
BMM , DMT 7158 2/25/19 11"=89' 7158 -pond -ease
Masteller, Moler & Taylor, Inc.
PROFESSIONAL SURVEYORS AND MAPPERS
LAND SURVEYING BUSINESS #4644
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax (772) 794-0647
NOT VALID WITHOUT THE SIGNATURE AND
'THE ORIGINAL.: SED SEAL OF A FLORIDA
UCENS , ' VEYOR AND NIAPPE