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HomeMy WebLinkAbout1983-103r-. RESOLUTION NO. 83-103 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PURSUANT TO FLORIDA STATUTES 5125.38 AUTHORIZING THE EXECUTION OF A 99 YEAR LEASE WITH OPTION TO RENEW WITH BETHEL A.M.E. CHURCH OF INDIAN RIVER COUNTY, INC., A ® CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF FLORIDA. WHEREAS, the Board of County Commissioners of. Indian River County owns Lots 58 and 59 of Block 2 of Hall, Carter & James Subdivision, lying in Fellsmere Farms Subdivision, Township 31, Range 37, and WHEREAS, the Commission has examined the property and being fully apprised of the needs of the Count, has determined that these parcels are not needed for County purposes at this time, and WHEREAS, the Bethel A.M.E. Church of Indian River County, Inc., a not-for-profit corporation existing under the laws of the State of Florida, has applied to the County Commission for use of the property for the construction of a new church. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. Lots 58 and 59 of Block 2, Hall, Carter & James Subdivision, lying in Fellsmere Farms Subdivision, Township 31, Range 37 are not needed for County purposes. 2. Bethel A.M.E. Church of Indian River County, Inc. has requested the use of the property for the construction of a new church facility. 3. The Board of County Commissioners finds and deter- mines that the property is needed for the construction of a new church facility and such a facility will promote the community's interest and welfare. 9. The Chairman and Clerk are authorized and directed to execute the attached ninety-nine year lease containing an option to renew with the rental of ONE DOLLAR and 00/100 ($1.00) per year, payable in advance. The foregoing resolution was offered by Commissioner Bowman who moved its adoption. The motion was seconded by Commissioner Wodtke and, upon being put to a vote, the vote was as follows: -1- 7 40 •0 Chairman Richard N. Rird Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 19th Attest• t�WRI'GH� ` �FRED Clerk APPROVED TO FORM AND LEG UFF J�7,,�NCjl By ��%vG//s� G f BRAI�DENBU G my Attorney — day of October r 1`1+33. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By / RICHARD N. _,:BIRD Cha i rman..:'` . -2- 40 •s THIS LEASE, made this _ /-- day of Cc ln6e y- 1983 between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called "Lessor," and BETHEL A.M.E. CHURCH OF INDIAN RIVER COUNTY, INC., a corporation existing under the laws of the State of Florida, hereinafter called "Lessee." WITNESSETH: That said Lessor does by these presents lease and let unto said Lessee, certain premises, to wit: Lots 58 and 59, Block 2, Hall, Carter & James Subdivision, lying in Fellsmere Farms Subdivision, Township 31, Range 37. TO HAVE AND TO HOLD the premises aforesaid unto said Lessee from the _9':)N day of ©C4 d he- r- _, 1983 for the term of ninety-nine (99) years then next ensuing, yielding and paying for the same unto said Lessor as rent the sum of ONE DOLLAR and 00/100 ($1.00) per year or a total of NINETY-NINE DOLLARS and 00/100 ($99.00) payable in advance. Lessee hereby covenants with Lessor that it will pay all charges for gas, electricity and other illuminant, and for all water used on said premises; and that Lessee shall hold Lessor harmless from the accumulation of any of said charges. Lessee agrees not to use or permit the premises to be used for any illegal or improper purposes nor permit any disturb- ance, noise or annoyance whatsoever, detrimental to the premises or to the neighborhood; and will not sublet or assign this lease or any part thereof, without the written consent of Lessor. Lessor agrees that Lessee may construct structures on the premises at Lessee's entire expense. Lessee will at expiration of said term, without demand, quietly and peaceably deliver up the possession of said premi- ses in good state and condition, damage or destruction by fire, hurri- canes or other natural disasters excepted, in which event all struc- tures situated on the property shall become the sole property of the Lessor. Lessee agrees to take the property as it exists as of the date of execution of this agreement, and Lessor shall not be responsible 1� ?._�,_ -1- 7 40 •® for any conditions known or unknown existing on the site. Lessee shall be responsible for keeping the site and all structures located thereon in a good and safe condition. Lessee shall be totally responsible for all individuals using the site during the term of this lease and agrees to save and hold Indian River County harmless from any and all damages, losses, claims, litigation or threats thereof at Lessee's sole expense. This lease shall automatically terminate should Lessee ever use the premises for anything other than church and associated purposes or should the Lessee abandon use of the site as a church facility for a continuous period of six (6) months after the initial construction of the premises. This lease shall automatically terminate if construction of a new church facility has not commenced on the site within three (3) years of the execution of this instrument. Lessor does hereby grant to Lessee the right, privilege and option to extend this Lease for a period of ninety-nine (99) years, from the date of expiration of the lease upon the same terms, conditions and for the same annual rent as contained in said lease, provided notice in writing to Lessor of Lessee's intention to exercise that option is given at least one hundred twenty (120) days prior to the expiration of the initial term of said lease. IN WITNESS WHEREOF, said parties have hereunto set their hands and seals thisu day of 9 1983. INDIAN RIVER COUNTY BY ITS BOARD OF COUN Y C ERS Wi ness RICHARD N. BIRD Chairman it ss Attest: -. �j7r CY�V, <. FREDA WRIGHT (� Clerk BETHEL A.M.E. CHURCH OF INDIAN R�ER COUN , INC. By 4� -J• �• ness i w ��1 Approved to florin fitness ul Ieg ilii ' n r . (3ruid nbu�y Coin y Attorney J -2- 40 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me personally appeared RICHARD N. BIRD and FREDA WRIGHT, as Chairman of the Board of County Commissioners and Clerk of the Court, respectively, to me well known and known to me to be the persons described in and who executed the foregoing instrument, ® and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this ,day of 1983. I' No ry blic • ® �iOrRRP POalie bCORID 1 ' STATE OF FLORIDA AONDEDTHRUGENERAL INSURANCE UNA1{ MY COMMISSION EXPIRES JULY 8 1986 COUNTY OF BREVARD Before me personally appeared REV. HENRY R JACKSON as President of the Bethel A.M.E. Church of Indian River County, Inc., to me well known and known. to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official F 1, this 27th- 'day of. October , 1983. •I r/ ry Public NOTARY PUBLIC, STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES SEPTEMBER 28, 19M &DOW rW#0WM MUR(A94-ASHT40M, IMG -3-