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HomeMy WebLinkAbout2022-066AA TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 'Prepared by and return to: City Attorney City of Vero Beach P.O. Box 1389 Vero Beach, FL 32961-1389 MEMORANDUM OF ON -AIRPORT LAND LEASE AGREEMENT THIS MEMORANDUM OF ON -AIRPORT LAND LEASE AGREEMENT ("Memorandum") with an effective date of,D-I 6 2022, by and between the CITY OF VERO BEACH, FLORIDA, a municipal corp ration organized and existing under the laws of the State of Florida, whose mailing address is 1053 20th Place, P.O. Box 1389, Vero Beach, Florida, 32961-1389 ("Lessor"), and INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, organized and existing under the laws of the State of Florida, whose mailing address is 180127" Street, Vero Beach, Florida, 32960 ("Lessee"). Lessor and Lessee may also be referred to herein individually as a "party" or collectively as the "parties." For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the agreements hereinafter set forth and those of the Lease Agreement memorialized herein, Lessor and Lessee hereby acknowledge and agree as follows: I . Lessor and Lessee entered into that certain On -Airport Land Lease Agreement, including all exhibits and attachments thereto, effective as of Mp rCh, 2022, ("Lease Agreement") by which Lease Agreement Lessor leased to Lessee, and Les ee leased from Lessor that certain real property located at Lessor's Vero Beach Regional Airport known as "Fire Station 3" consisting of a total 122,900 +/- square feet of land, being as more particularly described and depicted in Exhibit "A," attached hereto and incorporated herein (collectively "Leased Premises"). 2. Lessor and Lessee desire to record this Memorandum in order to place all persons on notice of the existence of the foregoing described Lease Agreement. To that end, this Memorandum shall serve as public notice of the rights of Lessor and Lessee with respect to the Leased Premises, pursuant to the terms of the Lease Agreement. 3. The term of the Lease Agreement commenced as of 2022, and continues for a period of Thirty (30) years, subject to Lessee's option to tenew the Lease Agreement pursuant to its terms. 4. Reference is hereby made to the Lease Agreement for all other terms, conditions, and agreements between the parties, which terms, conditions, and agreements are incorporated herein by this reference. A true and correct copy of the Lease Agreement is available at the offices of Lessor, the City of Vero Beach, and Attn: City Clerk, at 1053 20th Place, Vero Beach, Florida 32960. 5. This instrument is merely a Memorandum and is subject to all of the terms and conditions of the Lease Agreement. Where the terms and conditions of this Memorandum and the Lease Agreement conflict, the terms and conditions of the Lease Agreement shall control and supersede. All terms herein shall have the same meaning as ascribed in the Lease Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the dates entered below and each party's respective signatory whose signature appears below hereby warrants and Pagel of 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK represents that such signatory has been and is on the date of execution of this Memorandum duly authorized to execute this Memorandum on behalf of and to bind their respective party. ATTEST: By: iiffrey R. Smith Clerk of Court and Comptroller [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER LESSEE: INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, By its Board of County Commissioners-•'�t���`�M!ssi' Sign: Peter D. O'Bryan Chairman Approved by BCC: April 5, 2022 The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization this 3rd day of May 2022, by PETER D. O'BRYAN, Chairman, of the Board of County Commissioners, on behalf of INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, who ® is personally known to me or r has produced IaMKRLY K MOIRANO MY COMMISSION / GG 321696 Seal: EXPIRES: Apri 9, Waled 7tttu N t y Pdit Approved as to form and legal sufficiency 4vian Reingold, County Attorney as identification. Sign: 9., N,"—" �" Notary Public, State ofF rida at Large Print Name: Kimberly K. Moirano Notary Commission No.: My Commission Expires: Approved as to C Page 2 of 3 ATTEST: Tammy K.lur ick City Clerk \\ [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER STATE OF FLORIUA INDIAN RIYYCOUNTY THIS T C RTIFY THAT THIS IS RUE AND CORRECT COPY ORIGINAL FILE I Is JEFFREY .,8 TH, RK BY r� C. DATE 2 LESSOR: CITY OF VERO BEACH, FLORIDA, a Flori ipal corporation By: '�– Robert Brackett Mayor The foregoing instrument was acknowledged before me by means of L7 physical presence or ❑ online notarization this I -) fl day of 2022, by Robert Brackett, the Mayor, and Tammy K. Bursick, the City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. Seal: '*"'0 SHERRI PHIIO ;i MY COMMISSION # HH 085119 EXPIRES: December 3, 2024 BondedTh N4;ZPublic UndffWKre Notary Public, State of Florida at Large Print Name: Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal Use Only–Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: John . Tumer City Attorney Approved as to financial requirements Cynthia son Finance Director Approved as conforming to municipal policy: -M A �'c a Monte k. Falls, P.E. City Manager Approved as to technical requirements: —0 �L - J. To cher Airport Director Page 3 of 3