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Home My WebLink About1994-147- f0/01 /tlA(ewr/rooeea•.doo)owk RESOLUTION NO. 94- 147 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A LEASE OF COUNTY PROPERTY TO THE INDIAN RIVER SOCCER ASSOCIATION, A NOT-FOR-PROFIT ORGANI- ZATION. WHEREAS, the County is the owner of an approximately 160 -acre parcel of land located west of Kings Highway and north of Hobart Road known as the Indian River County Fairgrounds property within Hobart Park; and WHEREAS, the Indian River Soccer Association (IRSA) has a present need for property on which to construct soccer fields and related facilities for the use of the soccer participants in Indian River County; and WHEREAS, the County believes that leasing part of this property on a long-term basis to IRSA would be in the public interest by providing a useful amenity for the recreational enjoyment of all soccer enthusiasts in Indian River County; and WHEREAS, this resolution is required by Section 125.38, F.S., NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The County shall lease the property described in the attached lease for a period of 20 years with a renewal of 20 years at a rental of Two Hundred dollars ($200.00) per year. 3. The leased premises shall be used by Indian River Soccer Association, a Florida not-for-profit corporation, for soccer and related facilities only. This resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Legal L s A 8 s SOIl�IO��drrdi\rnonrr)VOia- Lessor: INDIAN RIVER COUNTY, FLORIDA a political subdivision of the state of Florida 1840 25th Street Vero Beach, FL 32960, (hereafter COUNTY), Lessees INDIAN RIVER SOCCER ASSOCIATION a Florida non-profit corporation Post Office Box 650611 Vero Beach, FL 32965-0611 (hereafter IRSA, N I T N E 8 8 E T H T H A T: WHEREAS, the COUNTY is the owner of an approximately 160 -acre parcel of land located went of Rings Highway and north of Hobart Road known as the Indian River County Fairgrounds property within Hobart Park; and WHEREAS, this land is currently not being utilized throughout the year; and WHEREAS, IRSA has a present need for property on which to construct soccer fields and related facilities for the use of the soccer participants in Indian River County; and WHEREAS, the COUNTY believes that leasing some of this property on a long-term basis to IRSA would be in the public interest by providing a useful amenity for the recreational enjoyment of all soccer enthusiasts in Indian River County; NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. Term of Lease; Rental. The COUNTY shall lease to the IRSA the property described on Exhibit "A" (Property) for a term of 20 years at a rental of TWO HUNDRED DOLLARS (;200.00) per year. The lease shall be extended automatically for an additional term of 20 years under terms similar to the original lease. 2. Use of Property. The Property shall be used by IRSA solely for the purpose of developing a soccer facility consisting of a number of soccer fields, parking areas, and related accessory structures in general conformance to the plan attached to this lease as Exhibit "B." Sub- stantial changes may be made to the plan only with the approval of COUNTY. 3. Insurance. It shall be a material condition of this lease that IRSA obtain commercial general liability insurance in the amount of $1,000,000 naming COUNTY as an additional insured. The policy shall provide that written Notice of Cancellation shall be given to COUNTY at least 30 days before the cancellation shall become effective. The insurance shall be written on a policy and on a company acceptable to the COUNTY's Risk Management Division. 4. Non-discrimination.- IRSA shall operate the soccer facility in a non- discriminatory mannr complying with all local, state, and federal laws, rules, or regulations which pertain. 5. Cancellation. This lease may be terminated by the COUNTY at any time for breach of any material condition or by the COUNTY on notification by any state or federal environment regulatory agency that a serious health hazard exists from continued use of the Property. In such an event IRSA shall make no claim against COUNTY for any damages. IRSA may cancel this agreement at any time by giving COUNTY 30 days written notice.1 At the termination of this lease from whatever cause, it shall be IRSA's responsibility to restore the Property to a condition no worse than it is on the date of execution of this lease. (page one of two) Assignment. This lease may be assigned or transferred only with the written approval of COUNTY. Emergency County Use. In an emergency declared by the appropriate authorities under Chapter 252, Florida Statutes, COUNTY reserves the right to use the leased area as -a part of its emergency response and recovery operation as long as reasonably necessary in COUNTY's opinion. B; IsL2.0perty -alit If neeIn any event, COUNTY will restore J1 the property at COUNTY's expense to the same condition as it was prior 1,F ` to COUNTY's use. For the restoration time will be of the essence. Reverter. IRSA shall commence construction of soccer fields within two years from the date of this lease and proceed in a reasonable manner, with build -out anticipated to be at five years, to complete the fields as shown on attached Exhibit "B." Failure to meet these deadlines shall be a material breach of the lease which may result in cancellation of the lease. COUNTY may declare a cancellation of the lease by giving notice in writing and allowing IRSA 60 days to cure the breach, failing which the lease shall stand abrogated. 9. Hold Harmless. IRSA shall hold COUNTY harmless from any and all claims for damages arising out .of this lease, except for those claims arising out of COUNTY's own negligence. IN WITNESS WHEREOF, COUNTY and IRSA have executed this instrument this _L day of tsxdtJrJ, 1994. t: Ba n Cl ..'�.e Witness , printed name: ,4A/ems A;7, iT6 Witness printed name: STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners 7�n' ey John W.ip /Chairman By Bill Donnelly fLM� Approved President A In, f0. egal � rMMEM IOUVr� The foregoing instrument was acknowledged before me this 41� 3 day of A/Dt/e A14eFd ' , 1994, by John W. Tippin and Jeffrey K. Barton, as Chairman and Clerk of the BOARD OF COUNTY COMMISSIONERS of INDIAN RIVER COUNTY, FLORIDA, on behalf of said Board. They are personally known to me. Y PUBLIC: sig G�il,C4t„ printed name: commission # ,MYCOMMISSIONILp(p�pEg Am 27, IM STATE OF FLORIDA ?6!„ BMOTMRU TIM FARM! MAKE.INC. COUNTY OF INDIAN RIVER J�1- The foregoing instrument was acknowledged before me this ,,�ja day of Uv ':•)"0-- , 1994, by Bill Donnelly as President of INDIAN RIVER SOCCER ASSOCIATION, a Florida non-profit corporation, on behalf of said association. He is personally known to be or produced as identification. NOTARY PUBLIC: sign printed names Commission # PATRIdA MW MELD oc Attachments: Exhibit "A" - Legal Description of Site MrcaanA**2C"11 MM vps M ti17 Exhibit "B" - IRSA Plan for Soccer Fields o mraul ulmmwwa.w, (page two of two) to FF I West Line SE 1/4 Section 32 660' 4 o� 660' 400' 400' 150' ii C z z 7 N 400' ro Q o m 4! m o CA S� N CD O • Vi 7 z W N O O East Line Section 32 OO:•O ,O,ry -��(D �'I� U3 (.11h00 NO :1CD C�,O (.n N)Cn Ln 0 �'�`� z � w O 0 w0 0 ?=N E to m _• 3 \ 0 (D O R1 V=r n Ciao 0 a 7 w N (n�'+Cr 7 1, ;uzC, Co En -0i (D n S— D 0 a rtO 0 � Nom,? t0 `+0 O D O' —C (n0 O o<� 3 v Qin n.- 0 n Z 7 m?go rn� O \o -< 7 (D .� C (D rt a 0 ,•+ M w °,Z� VVV ya'�o� 3 �'N°\m oma CD ��m c Ln WC r h�7� r�z ? 0 p {s0 O O >.a Np �r� O S� O 0 3 vl n O C 0 Oto (na -=r OR 0-i =r (Nrt �0 f'- y 0 fl 0 (D O O z -w 7 z 7 -' 0 v D 0 0 0 n —.rtn fn O y rt\� p artC Vl7 (D I+mo CD ::r 0. {a0 (D N •P S Gi N 0 y �• �, �. 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