HomeMy WebLinkAbout87-03Lease_ELC_Pelican Island• s ,
89930 2/10/87163)LEGAL(l3nm)
LEASE
THIS LEASE, executed this 6th day of
March.__—__1987, by and between the Board of County
Commissioners of Indian River County, Florida, hereinafter
referred to as the "LESSOR", and the Pelican Island Audubon
Society, Inc., a corporation existing under the laws of the
State of Florida, hereinafter referred to as "LESSEE":
W I T N E S S E T H:
WHEREAS, Indian River County received title to
fifty-one (51) acres of property on Wabasso Island in
February, 1965 by Dedication No. 23919 from the Trustees of
the Internal Improvement Trust Fund, State of Florida; and
WHEREAS, pursuant to correspondence from the State
of Florida Department of Natural Resources dated August 30,
1982 the Trustees amended this Dedication on December 20,
1977, to allow use of the property for public educational
purposes; and
WHEREAS, the LESSEE intends to develop an
environmental learning center for the use and benefit of the
people of Indian River County and of the State of Florida;
and
WHEREAS, the LESSOR finds that it is in the public
interest to allow the LESSEE to develop an environmental
learning center on the subject property;
NOW, THEREFORE, for and inconsideration of the
sum of One Dollar ($1,00) per year, and other valuable
consideration, including compliance with the covenants and
agreements contained herein, the LESSOR does hereby let,
demise, and lease unto said LESSEE the following described
property situated in Indian River County, Florida, to -wit:
See Exhibit "At' attached hereto and
incorporated herein by reference.
1
-� - - - - - 0. R. 0763 PG 1661
TO HAVE AND TO HOLD the same for a term of
ninety-nine (99) years from the date hereof.
1. It Is understood and agreed by and between the
parties hereto that the above-described premises shall be
used exclusively for an environmental learning center and
accessory uses thereto.
2. LESSEE will make all necessary improvements on
said property in order to design, construct, develop and
operate said environmental information center, and will, at
its own expense, maintain the same as such during the term
of this lease.
3. LESSEE agrees to submit actual site plans and
design considerations to LESSOR for approval in accordance
with all applicable County ordinances, and to the State of
Florida Department of Natural Resources for approval before
actual construction begins.
4. LESSEE agrees that all planning and
development will be undertaken in harmony with environmental
concerns and as little disturbance to wetlands and uplands
with existing native vegetation as possible.
5. The LESSEE agrees not to use or permit the use
of said premises, or any part thereof, for any unlawful
purpose or offensive use, and further agrees that the same
shall be used solely for the purpose of maintaining and
operating an environmental information center.
6. In the event of failure on the part of the
LESSEE to comply with any of the terms or conditions of this
lease the LESSOR may, upon written notice to the LESSEE,
declare this lease in default and, after ninety (90) days of
uncorrected default, LESSOR may terminate this lease.
7. Any and all improvements made by the LESSEE
shall become the property of the LESSOR at the time of the
expiration of this lease and further LESSEE shall make no
claim on any of said improvements.
2
., - t 0. R. 0763 PG 1662 _
8. LESSEE, at LESSEE'S expense, shall provide and`?
carry, in addition to fire insurance, liability insurance i.
coverage in an amount of not less than One Hundred Thousand
I .
Dollars ($100,600.00) per individual injury and Three
Hundred Thousand Dollars ($300,000.00) per incident or
occurrence, and such limits shall be adjusted from time to
time to match the waiver of sovereign immunity limits in
Section 768.28, Florida Statutes. The LESSOR shall be named
a co-insured and copies of said policy shall be mailed to
LESSOR annually.
9. LESSEE agrees to indemnify and hold LESSOR
harmless for every and all claims that may arise from
LESSEE'S use of the demised premises, including court costs
and attorney's fees,
IN WITNESS WHEREOF, this lease has been executed
in the name of and on behalf of the LESSOR by its Chairman
and attested by its Clerk, who have been duly authorized by
the Board of County Commissioners of Indian River County so
to do, and on the part of the LESSEE by its President and
Secretary who have been duly authorized by its Board of
Directors so to do, on the day and year first above written.
Signed, sealed and delivered
in the presence of:
--4y --- 1-et�7 4� �---
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Approved: 2-10-8
Lessor
kpprovrd ::s to fo, rn
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DOC. ST. - AMT. $ • 56
FREDA Mr !GHT. CIe'k of Circuit Coli;
k)6 -an Rive. C( -7i/ -
1
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By i
oc
Chairman
Attest.
ByFS "==---��"—=J�-- --
reda Ari t
Clerk'
"LESSOR"
CX)w -
3 m
—
As to Lessee
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Personally before e, the undersigned officer,
authorized under the laws of said State and County to
administer oaths and take acknowledgments, appeared DON C.
SCURLOCK, JR. and FREDA WRIGHT, known to me to be the
Chairman and Clerk, respectively, of the BOARD OF COUNTY
COMi4iISS10NERS OF INDIAN RIVER COUNTY, FLORIDA, who
acknowledged before me that they executed the within and
foregoing lease under the authority duly vested in them by
the said Board.
WITNESS my hand and sea t Vero Beach, said
County and State, this day of —{� —_--, 1987.
Personally before me, the undersigned officer,
authorized under the laws of the said State and County to
administer oaths and take ackn wledgments, appeared
t�� and 1�jk �..�n�, known to me
o e' the Fres idem and Sec—r`eta—ry, respectively, of PELICAN
ISLAND AUDUBON SOCIETY, INC., a corporation organized and
existing under the laws of the State of Florida, and they
acknowledged before me that they executed the within,and
foregoing lease under the authority duly vested in.:theiii "by
said corporation.
WITNESS my hand and seal atN—, said
County and State, this day of — — -- ,1987.
My Commission Expires:
pp?APY PUQLIC STATE CF RPPiDA
`�— NY COMMIS"S'IU11 LAE,
GoNPEo ,IIRU C-ENEFAL INS. 0D.
LE
0. R. 0763 PG 166
Being a parcel of Iand located on an
island in the Indian River on the South
side o` Wabasso Road in Section 27,
Township 31 South, Range 39 East, Indian
River County, Florida, the boundary of
which is more particularly described by
metes and bounds as follows:
From the Northeast corner of aforesaid
Section 27, Township 31 South, Range 39
East, run North 880 34' 54" West, a
distance of 683 feet; thence run South
470 53' 56" West, a distance of 595 feet
to a point near the East end of the East
Wabasso Bridge; thence run South 511 47'
56" West near the centerline of
aforesaid bridge, a distance of 1482.52
feet to a point near the West end of the
aforesaid bridge; said point being the
point of beginning. From the point of
beginning, run South 5411 38' 25" East on
a tine offshore of the aforesaid island,
a distance of 982.38 feet; thence run
South 211 47' East, a distance of 575.04
feet; thence run South 3811 13' West, a
distance of 725.8 feet to a concrete
monument on the shore of aforesaid
island; thence continue South 381 13'
West, a distance of 101.55 feet to a
point in the Indian River; thence run
South 591 48' 47" West, a distance of
683.54 feet to a point in the Indian
River; thence run North 331 07' 54"
West, a distance of 1695.41 feet to a
point on the West Wabasso Bridge; thence
following near the centerline of the
Wabasso Road, run North 560 03' 06"
East, a distance of 880 feet to a point
where the Wabasso Road intersects with
the Pine Island access road; thence run
North 600 17' 21" East, a distance of
208.02 feet; thence run North 511 47'
56" East, a distance of 132.48 feet to
the Point of Beginning. All the above
less right of ways for Wabasso Road and
Pine Island Access road. Containing 51
acres, more or less.
EXHIBIT "A"
0. R. 0763 PG
1666
SAMUEL A. BLOCK, P.A.
2127 TENTH AVENUE
VERO BEACH,
FLORIDA
32960
TELEPHONE
(40W62-1600
Prepared byt
Samuel A. Block, Esq.
2127 Tenth Avenue
Vero Beach, FL 32960
0001 11JARY STAMPS S. (� 0
JEFFREY K. BARTM. CLLHK
INDIAN MTER C111-4iY
Return tot
County Attorney's Office
1840 25th Street
Vero Beach, FL 32960
ASSIGNMENT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
RECORD VERIFIED
JEFF}LEY K BARTON
CLERK C.RC'!:IT COURT
IND H+.?,, p'•, * , i VLA
THAT the PELICAN ISLAND AUDUBON SOCIETY, INC., Florida
corporation, (hereinafter Assignor, and also known as PIAS), in
consideration of the sum of Ten Dollars ($10.00) and other good
and valuable considerations to it in hand paid, the receipt
whereof is hereby acknowledged by Assignor, hereby assigns unto
the said ENVIRONMENTAL LEARNING CENTER, INC., a Florida
corporation, (hereinafter Assignee, and also known as ELC), the
following lease:
That certain lease dated the 6th day of March, 1987, by and
between. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, as Lessor, and the said PELICAN ISLAND AUDUBON SOCIETY,
INC., as Lessee.
TO HAVE AND TO HOLD unto the said ENVIRONMENTAL LEARNING
CENTER, INC. its successors and assigns from the date hereof for
all of the remainder of the years mentioned in said lease,
subject to the rents, covenants, conditions and provisions
therein also mentioned.
In the event the Environmental Learning Center building,
which is being developed on the real property under the lease
being assigned herein, is operated outside the purposes and
objectives as set forth in the bylaws and articles of
incorporation of ELC, and this condition continues for thrity
(30) days after PAIS notifies, in writing, ELC of said violations
of its bylaws and articles of incorporation, then, in that event,
this assignment shall become null and void, and the rights under
the original lease shall revert to PAIS; and, ELC shall have no
further rights or interest in said lease.
The said Assignee hereby assumes the performance of all of
the terms, covenants and conditions of the lease herein assigned
and agrees to pay the rent reserved by the said lease on the next'
rent day and monthly thereafter until termination and will well
and truly perform all of the terms, covenants, and conditions of
the lease herein assigned as if the said Assignee had signed the
original lease as Lessee named therein.
The said Assignee hereby agrees that it will well and truly
indemnify and save harmless the said Assignor from all manners of
suits, actions, damages, charges, and expenses, including
attorneys' fees, that may be sustained by reason of the failure
to pay the rental reserved by breach of the terms, covenants, and
conditions of the lease herein assigned.
The said Assignee hereby agrees that the obligations herein
VEL A, BLOCK, P.A
27 TENTH AVENUE
VERO BEACH,
FLORIDA
32960
TELEPHONE
(407W62.1600
_._'�
assumed shall inure jointly and severally to the Lessor named in
the lease herein assigned.
IN WITNESS WHEREOF, the undersigned have hereunto set thci
(, zo
hands and seals this l/ day of ��� s 19n9.�, L
Signed, sear -d, and delivered Assignor
in the presence of: PELICAN ISLAND AUDUBON SOCIETY,
INC.
By-
Edna
y:Edna Perkins Margare C. Bowman
Pres it ee ►� �'
to A signor Assignee
George P. Bunnell ENVIRONMENTAL LEARNING CENTER,
INC.
Sams 1 A. Block Mic el L. Rose
A9 to Assignee
Sandra R. Kahle
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
ILIThe foregoing instrument was acknowledged before gie this LL
day of August, 1991 by Margaret C. Bowman, the resideVLT
of Pelican Island Audubon Society, Inc., a Florida corporation,
on behalf of the corporation.
�.
Notary Public
My Commission Expires:
LFA R. KSS
SUO31 !�y F� 5,1992
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged befog the is15— m
day of Sept., 1991 by Michael L. Rose, the
of Environmental Learning Center, Inc., a Florida corporation,
on behalf of the corporation.
My Commission Expires:
Not ary,: 'Pub.I c •
r:OTARY PUBLIC,`STATE OF FL R DA .A aRGE
';,v CrY7J?A1SS!N4 EXPIRES .1Ar�f 993
86NDED YHROUG:M, ASfITON AGENCY. 1my ;
RN
0
3
SAMUEL A. BLOCK, P.A.
2127 TENTH AVENUE
VERO BEACH,
FLORIDA
32960
TELEPHONE
(40W62.1600
assumed shall inure jointly and severally to the Lessor named in
the lease herein assigned. (�
IN WITNESS WHEREOF, the undersigned//have hereunto set th i
hands and seals this day of 198�!^'"
Signed, sealed, and delivered Assignor
in the presence of: PELICAN ISLAND AUDUBON SOCIETY,
INC.
Edna Perkins
to At signor
Georcre P. Bunnell
Samtil A. Block
AT to Assignee
Sandra R. Kahle
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
B y : �a1-'i.
Margare C. Bowman
Pres iJ6ki -P
Assignee
ENVIRONMENTAL LEARNING CENTER,
INC.
By:
Mic e1 L. Rose
The foregoing instrument was acknowledged beforee this LL
day of August, 1991 by Margaret C. Bowman, the Ne.5- CIEI'6i
of Pelican Island Audubon Society, Inc., a Florida corporation,
on behalf of the corporation.
f7✓
Notary Public
My Commission Expires:
M:L�JI IL KELUM
Sim of FkmWa
my Owen fg M 15,1992
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged befogme-this
c
day of Sept., 1991 by Michael L. Rose; the
of Environmental Learning Center, Inc., a Florida corporation,
on behalf of the corporation.
My Commission Expires:
otic '� 7
Not ary.:,P.ubl cc.
t.OTARY PUBLIC, -'STATE QF FL A�''�,E
EXPIRES JAi . jq�993
BONDED THROUGH ! SMTON AGENCY. IN(Y ;
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