HomeMy WebLinkAbout2026-190This Instrument Prepared By:
Dean, Mead, Minton & Moore
1903 South 25th Street, Suite 200
Fort Pierce, Florida 34947
(772) 464-7700
For Official Use Only
Tax Parcel Identification Nos.
33390200000700000001.1
33390200000700000001.4
33390200000700000001.7
33390200000700000001.6
LEASE AGREEMENT
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THIS LEASE AGREEMENT (this "Lease") entered into on this 2J day of . '.,
2026 by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida,
1801 27`h Street, Vero Beach, Florida 32960, (hereinafter referred to as "COUNTY" or "Lessor"),
and ST. FRANCIS MANOR OF VERO BEACH FLORIDA, INC., a Florida not for profit
corporation, whose mailing address is 1750 20th Avenue, Vero Beach, FL 32960, (hereinafter
referred to as "St. Francis Manor" or "Lessee"), in consideration of the mutual promises and
agreements set forth below, hereby agree as follows:
WITNESSETH:
WHEREAS, on the Bch of August, 1973, the Lessor did execute a Ninety -Nine Year Lease
to Lessee covering certain lands therein described, which Lease has been duly recorded in the
public records of Indian River County, Florida in Official Record Book 516, at page 305 (as
amended, the "Previous Lease"); and
WHEREAS, the Previous Lease was amended as follows: an Amendment and
Modification was executed on February 6, 1980; a Second Amendment and Modification was
executed on July 27, 1993; a Third Amendment and Modification was executed on September 19,
1994; a Fourth Amendment and Modification was executed on October 12, 1999; a Fifth
Amendment and Modification was executed on February 7, 2006; a Sixth Amendment and
Modification was executed on May 1, 2012; a Seventh Amendment and Modification was
executed on October 9, 2012; an Eighth Amendment and Modification was executed on June 4,
2013; a Ninth Amendment and Modification was executed on June 3, 2014; and a Tenth
Amendment and Modification was executed on November 22, 2016 (all of the foregoing
collectively, the "Amendments") the terms and provisions of which are incorporated herein by
this reference; and
WHEREAS, through the Amendments the "Leased Premises" or real property constituting
the Premises was expanded and modified to include additional real property which is currently
occupied and possessed by Lessee.
WHEREAS, the Lessor and Lessee desire to consolidate the Previous Lease and the
Amendments into one new Lease provided however the real property constituting the "Premises"
leased to and occupied by Tenant shall not be otherwise reduced or expanded nor shall Lessee's
continuous use and possession be deemed interrupted by this Lease; and
WHEREAS, Lessee has and will continue to provide low-cost multiple family low rental
units to individuals and couples over sixty years of age in accordance with all State and Federal
laws, statutes, rules and regulations, with appropriate exceptions for the handicapped with the
amount of rentals to be fixed at the actual cost of maintenance and operation; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree
as follows:
1. RECITALS. The above Recitals are true, correct, and incorporated herein along with all
exhibits and/or schedules attached hereto.
2. TERMINATION/REPLACEMENT. Upon execution hereof by all Parties, the Previous
Lease and all Amendments are hereby terminated and deemed restated and incorporated
herein as a "new lease" without any interruption in possession or occupancy. To the extent
of any conflict between the terms of the Previous Lease and Amendments and the terms
herein the terms of this Lease shall govern, supersede and control. The "Term" under the
Previous Lease and Amendments shall continue uninterrupted until the beginning of the
"Term" herein as defined below and until such time as the Term under this Lease has
begun, Lessee shall retain all rights arising under the Previous Lease and Amendments.
3. PROPERTY DEFINED. The Lessor hereby continues to and re -leases to the Lessee
certain lands located at 1750 201h Avenue, Vero Beach, FL 32960, in Indian River County,
Florida and more particularly described on Exhibit "A" attached hereto and incorporated
herein, less Parcel "I" thereof (which is owned by Lessee in fee simple), less parcels "E"
and "D," and less that certain deeded parcel as recorded at Official Records Book 3207,
Page 805 of the public records of Indian River County, Florida (the "Tower Parcel")
(collectively, the foregoing property is referred to herein as the "Property").
As restated herein, the Property is intended to include and does include all real
property and/or improvements thereon identified in the Previous Lease and Amendments
and currently used, occupied and possessed by Lessee. The Property includes the deeded
parcel owned by Lessor and recorded at Official Record Book 3162, Page 1411 (the "Guy
Parcel"). The Guy Parcel is included in the Property, to be used as parking, green space or
other permissible uses, provided that Lessee and this Lease shall in no way adversely affect
its current use.
4. TERM. The "Term" under this Lease shall begin on the day of approval of this Lease by
the Board of County Commissioners for Indian River, Conty, Florida and end the last day
of the year of the ninety-nineth (99th) year thereafter (the "Term"). For the avoidance of
doubt, it is the intent that the Previous Lease "Term" end simultaneously with the beginning
of the "Term" under this Lease.
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5. LESSOR'S RIGHT OF ENTRY Lessor will have the right to enter upon the Property at
all reasonable times to examine the condition and use thereof, provided that such right will
be exercised in such a manner as not to interfere with the Lessee in the conduct of the
Lessee's operations on the Property.
Additionally, Lessor hereby expressly reserves unto itself, and further reserves for
the benefit of the owners of the Tower Parcel and their respective employees, agents,
contractors, subcontractors, invitees, utility providers, emergency responders, and service
providers, a perpetual, non-exclusive right of pedestrian and vehicular ingress, egress, and
access on, over, and across that portion of the Property depicted on Exhibit "B" (the
"Access Area") for the purpose of traveling to and from the Tower Parcel and for the
installation, inspection, operation, maintenance, repair, replacement, reconstruction,
upgrade, removal, and servicing of telecommunications facilities, utilities, equipment, and
all related improvements located thereon.
Lessee shall not construct, install, place, or permit any building, structure, fence,
gate, barrier, landscaping, parking, storage, utility, or other improvement or obstruction
within the Access Area that would interfere with the exercise of the rights reserved herein.
Lessee shall always keep the Access Area reasonably available for vehicular and pedestrian
Access.
Lessee acknowledges that Lessor retains the unrestricted right to lease, license,
permit, convey, renew, amend, replace, assign, or otherwise grant rights in and to the
Access Area, and that Lessee's rights under this Lease are expressly subordinate to the
rights reserved in this Section and to the rights of the owners of the Tower Parcel.
The exercise of the rights reserved herein shall not constitute an actual or
constructive eviction, shall not be deemed a breach of Landlord's covenant of quiet
enjoyment, and shall not entitle Tenant to any abatement of Rent or other compensation,
provided that Landlord and the owners of the Tower Parcel exercise such rights in a
commercially reasonable manner and do not unreasonably interfere with Tenant's use of
the Premises beyond that necessarily incident to the exercise of the rights reserved herein.
EXTENSION OF LEASE. This Lease shall not be extended beyond the stated term.
7. TERMINATION OF LEASE BY LESSEE. Lessee may terminate this Lease anytime
during the Term by providing sixty (60) days written notice to the Lessor. Should
termination occur, the Rent paid for the year in which it is terminated shall be deemed non
recoverable by the Lessee.
8. TERMINATION OF LEASE BY LESSOR.
8.1.1. Lessor shall have the right to terminate this Lease after providing at least
thirty (30) days prior written notice and an opportunity to cure upon the
occurrence of any of the following (each an "Event of Default");
A. Loss of non-profit corporate status by the Lessee;
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B. Institution of proceedings in bankruptcy, by or against the Lessee if such
proceedings continue for a period of ninety (90) days and are not dismissed,
or any assignment by Lessee for the benefit of creditors;
C. Abandonment by the Lessee of the Property for more than thirty (30)
consecutive days;
D. Default of, non-performance of, or other non-compliance with, any term,
covenant or condition of any nature whatsoever under this Lease to be
performed by Lessee which is not cured within the times provided herein. ;
E. Failure to pay when due, any rents or any other expense which could result
in a lien being placed upon the Property.
8.1.2 Upon the occurrence of an Event of Default:
A. Lessor shall send written notice to the Lessee, setting forth the Event of
Default in specific detail and the date this Lease shall terminate in the event
the defaulting party does not cure the default.
B. Within thirty (30) days following receipt of a default notice, Lessee shall
have cured the default to the reasonable satisfaction of the Lessor or if the
time to cure the default would take longer than thirty (30) days Lessee has
notified the Lessor of the need for additional time and begun taking action
in accordance with the Lessor's notice to cure such default.
C. In the event Lessee fails to cure the Event of Default within thirty (30) days
or provide written notice of the need for additional time and begun curing
such default within the thirty (30) days, this Lease, at the option of the
Lessor shall be deemed to be terminated with no further action by the
Lessor, other than providing final written notice to the defaulting party that
the Event of Default has not been cured or notice of the need for additional
time received and that the Lease is terminated.
Nothing herein shall otherwise constitute a waiver of the rights and/or obligations of the
parties arising under Chap. 83, Fla. Stat. and all parties understand the foregoing are not
deemed to be exclusive but inclusive and in accordance with the laws of the State of
Florida.
Upon the expiration of this Lease, all buildings, fixtures, recreational facilities and
permanent improvements placed upon the Property shall become the property of the
Lessor, shall not be removed or further altered except as requested by the Lessor and
thereupon the Lessor shall be entitled to immediate possession of same.
9. LEASE RATE. The Property shall be leased for the amount of $1.00 (one dollar) per year
subject to all terms and conditions of this Lease.
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10. USE OF PREMISES. During the term of this Lease, Lessee shall use the Property for the
purpose of providing, multiple family rental units to individuals and/or couples over sixty
(60) years of age, with exceptions for handicapped and/ or disabled, in the following or
similar circumstances:
A. People with limited income situations who cannot afford other rental projects;
B. Couples or individuals who no longer can afford to maintain individual residences;
C. Widows or widowers with no close relatives;
D. Handicapped or partially disabled individuals and/or couples who do not require a
nursing home facility. Residents in need of nursing home facilities will be required
to transfer to one; and
E. Individuals who otherwise meet the requirements and necessities set by and
determined by Lessee pursuant to their governing rules and regulations
The amount of rent charged by Lessee is to be determined by Lessee based upon such
factors as the actual cost of construction, maintenance, and operation of the Property and
the operating costs and expenses incurred by Lessee, including, without limitation,
employee wages and compensation, goods, materials and equipment used by Lessee in its
day to day and/or annual operations.
Occupancy of the facilities erected upon the Property shall be determined by the Lessee
and shall include but not be limited to tenants of the facilities, and by visitors and guests
of such tenants.
The Lessor guarantees the continued uninterrupted access to and possession of the Property
and if necessary will establish at its sole cost and expense such easements as are necessary
for the use of the Property by all of those entitled to such use such as guests, invitees, sub-
tenants and/or those occupying any portion of the Property by or through any lease or
agreement with Lessee, provided however such "easements" shall not interfere with or
impair Lessee's reasonable use and enjoyment of the Property.
11. ACCESS. Lessee will only allow residents, escorted guests of Lessee, and Lessee's agents,
employees, invitees and licensees upon and to the Property in accordance with its rules and
regulations as amended from time to time.
12. MAINTENANCE AND REPAIRS. Lessee will keep all improvements, buildings,
equipment, furniture and fixtures constructed or brought upon the Property, in a good state
of repair and first-class condition, reasonable wear and tear excepted and will not suffer
nor permit any waste or neglect of any of said property. Lessee will repair, replace,
renovate, and generally maintain the Property as often as it may be necessary in order to
keep it in first class repair and condition, reasonable wear and tear excepted.
13. PROPERTY LEASED "AS IS". Lessee agrees that it is and has been in continuous
possession of the Property under the Previous Lease and Amendments and understands and
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agrees the Property is being leased "as is" and that the Lessor makes no warranty or
guarantee of the condition of the Property or any of the improvements. The Lessor shall
have no obligation to construct, repair or otherwise maintain any portion of the Property or
improvements thereon unless caused by Lessor or it's agents, invitees or employees, with
all such obligation financial and/or otherwise being maintained by Lessee.
14. COMPLIANCE OF LAW. Lessee shall comply with all of the laws, rules, ordinances,
and regulations of the County, State and Federal Governments, and agencies regarding the
use of the Property. As Lessee's use of the Property concerns "age restrictions" on the
tenants, Lessee shall otherwise insure compliance of its leases, rental and/or occupancy
agreements with all Federal and State laws, statutes, rules and/or regulations, including
without limitation the Housing for Older Person's Act of 1995, 24 CFR Part 100 and
Florida's Fair Housing Act, § 760.24-37(4a), Fla. Stat.
15. INSTALLATION AND REMOVAL OF EOUIPMENT AND FIXTURES. Lessee
shall have the right to install on the Property such equipment, fixtures, improvements and
other items necessary or convenient for its use of the Property and rental to tenants as
authorized herein. All equipment and personal property purchased by Lessee and placed
in, on, or about the Property, including equipment not affixed to the realty, shall remain
the property of Lessee. Lessee may remove same on or before the termination of the Lease,
provided that if removal results in damage to any part of the Property, Lessee shall repair
said damage and return the Property to a condition suitable for the original intended use of
that part of the Property. Any and all installations that are of a permanent nature or would
cause damage to the Property if removed shall remain with the Property and become
property of the Lessor upon termination of the Lease.
16. IMPROVEMENTS. Lessee shall be responsible for any necessary improvements, and
for the maintenance and upkeep of the Property which includes housing units with
minimum needed living areas as required by local city and/or county codes and/or
ordinance that may include as and if required:
A. Adequate heat and air conditioning;
B. Recreational facilities;
C. Dining facility; and
D. As determined in the discretion of the Lessee, a substantial, heavily wooded,
landscaped outdoor area, garden area, recreational equipment, walkways and seating
provisions, adequately lit.
17. CONTRUCTION OF IMPROVEMENTS BY LESSEE. Lessee will handle such
construction, at its sole cost, in compliance with all applicable permits and authorization,
and building and zoning laws and in compliance with all other laws, ordinances, orders,
rules, regulations and requirements of all Federal, State, and Municipal Governments and
insure compliance with Chap 255, Fla. Stat. and as necessary post and obtain appropriate
bonds as required to insure protection of the Property from liens and/or encumbrances. The
Property will at all times be kept free of liens, as a result of such constructions and
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installation (except in the mortgage or mortgages hereinafter authorized) for services
performed and labor and materials supplied, or claimed to have been supplied thereto; and
the Lessee will not install any personal property within said improvements under chattel
mortgages, conditional bills of sale, or other title retention instruments. Notwithstanding
anything to the contrary herein, nothing herein shall be deemed to require Lessee to make
or construct any improvements as the essence of this Lease and all such improvements
shall be constructed at Lessee's sole discretion subject to the requirements herein.
The Lessee will maintain Workers' Compensation insurance at its sole expense, covering
all persons employed by Lessee. Further, Lessee shall ensure that all developers,
contractors, or subcontractors of either maintain adequate insurance in connection with any
construction or installation and construction of improvements to the Property, with such
insurance coverage to extend to the Lessor, Lessee and the Property to the extent such
coverage is commercially reasonable. Any party required by this Paragraph to maintain
insurance coverage will maintain, at its sole expense, general liability insurance for the
mutual benefit of the Lessee and the Lessor with reasonable limits to be determined by the
Lessor, at all times when such construction is in progress.
17.1. PERMITTING. Any improvements and or construction that will require a permit
shall be obtained through the city and/or county in which all or a portion of the Lease
Premises are located.
18. MECHANIC'S LIENS
18.1. Lessee hereby completely and fully indemnifies the Lessor and agrees to defend
and hold Lessor harmless from and against, any mechanic's lien or other lien or claim
in connection therewith, but only with respect to liens placed against the Property and
not transferred to a bond pursuant to the laws of the State of Florida.
18.2. To the extent Lessee is required to comply with the requirements of Florida
Statute Chapter 255, Lessee shall so comply.
19. HOLD HARMLESS. Lessee agrees to indemnify, defend and hold harmless the Lessor
from and against any and all claims by or on behalf of any party arising from Lessee's
occupancy, conduct, operation, improvement or management of the Property or from any work
or thing whatsoever done by Lessee on or about the Property, or arising from any breach or
default on the part of Lessee pursuant to the terms of this Lease, or Lessee's violation of any
Law, or claims arising from any act, or negligence of Lessee, or any of its agents, contractors,
servants, employees, or licensees, for any accident, injury or damage whatsoever caused to any
party, occurring during the Term, in or about the Property or any part thereof, and from and
against all costs, expenses and liabilities incurred in connection with any such claim or action
or proceeding brought thereon (including, without limitation, the fees of attorneys, investigators
and experts); and in case any action or proceeding be brought against the Lessor by reason of
any such claim, Lessee upon notice from the Lessor covenants at Lessee's cost and expense to
resist or defend such action or proceeding or to cause it to be resisted or defended by an insurer.
Notwithstanding anything in the preceding Paragraph 9 to the contrary, Lessee shall have no
obligation to indemnify, defend, and hold harmless the Lessor for any claims arising from or
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related to acts or omissions of the Lessor or any of its agents, contractors, servants, employees,
or licensees with respect to the Property or breach of their obligations under this Lease.
20. INSURANCE. The Lessee shall carry the following insurance coverage and shall furnish
the Lessor a certificate of said coverage.
20.1. Lessee agrees to keep and maintain at all times during the lease term, at Lessee's
expense, a general liability insurance policy protecting the Lessor against any damage
to the Property and protecting the Lessor against all claims and demands that may arise
or be claimed on account of Lessee's use of the premises in the amount of One Million
Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00)
aggregate. The policy shall include damages to rented premises and list Indian River
County as an additional insured. The policy shall be written by a reputable carrier
licensed to do business in Florida and approved by the Lessor.
20.2. The Lessee will keep insured any and all buildings, improvements, equipment,
furniture and fixtures, now or hereafter constructed or brought upon said Property in
good and responsible insurance companies authorized to do business in the State of
Florida, for protection against all loss or damage to such property by fire, windstorm
or causes insured against by "extended coverage"; and wherever the doctrine of co-
insurance might apply to any such insurance, then the amount might apply to any such
insurance, then the amount of the insurance so carried by the said Lessee will be at all
times sufficient to prevent co-insurance on the part of the Lessor and the Lessee. All
such policies will be payable in the event of loss, jointly to the Lessor and the Lessee,
as their respective interest may appear.
20.3. Nothing herein contained, however, shall be construed as prohibiting that an
endorsement may be made to such policy or policies for any mortgage or loan obtained
by Lessee, but, in such event, the said "mortgage clause" will identify briefly the
interest of the mortgagee, such, for example: "First Mortgage Leasehold Interest" or
"Mortgage of Lessee's Interest in Lease." The amount of insurance required as
specified in this paragraph will be an amount equal to the maximum insurable
replacement value, as determined annually by the Lessee, its successors and assigns
or agents, and as approved by the Lessor.
21. SPECIAL REQUIREMENTS. Prior to the execution of this Lease, Lessee has provided
a certificate of insurance to the Risk Manager of the Lessor for review and approval and
which has been approved and Lessee shall provide copies to Lessor of all such certificates
of insurance on an annual basis or upon the reasonable request of Lessor. The certificate
provides and all subsequent certificates shall l provide for the following:
A. Lessor shall be named as an "Additional Insured" on all insurance policies
required under this lease.
B. Lessor will be given thirty (30) days' notice prior to cancellation or modification
of any stipulated insurance. Such notice shall be in writing by certified mail, return
receipt requested, and addressed to the Risk Manager.
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21.1. LAPSE IN COVERAGE. If the Lessee allows insurance coverage required under
this Lease to lapse, expire or be canceled after written notice and the opportunity to
cure hereunder, at the option of the Lessor it may be an immediate breach of the lease
and grounds for eviction/termination of the lease.
21.2. DAMAGE BY FIRE OR OTHER CAUSES. That in the event the Property are
destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use,
then Lesse shall have the option of terminating this Lease effective as of the date of
damage and/or loss or Lessee may elect to repair the Property in which event this Lease
shall remain in full force and effect. All costs of repair or replacement shall be at the
sole cost of Lessee and all insurance proceeds from any insurance policies maintained
by Lessor or Lessee for such loss or damage shall be made available and disbursed to
Lessee to complete such repairs.
21.3. MEETINGS. Lessor's Public Works Director or designee will schedule and
conduct an annual meeting with Lessee to ensure the property is maintained and kept
in good condition.
22. FINANCING It is acknowledged that this Lease will be subject to a first mortgage or loan
which will encumber the leasehold interest and improvements on the Property from the
Lessee to a lending institution which mortgage has been used for financing the
construction of the units and other improvements upon the Property and Lessor agrees to
execute such instruments as are necessary and required by any mortgagee or lender holding
a lien on the leasehold interest and/or assets or personal property or trade fixtures of Lessee
to effect such mortgage, loan and/or financing provided, however, that any such mortgage
or encumbrance will, in all respects, be subject to and subordinate to the rights of the Lessor
herein and to the rights of all persons claiming by, through or under the Lessor by reason
or in connection with this Lease, except to the extent Lessor shall agree to subordinate an
interest of Lessor in the assets, personal property, trade fixtures and other property to the
lien and interest of such mortgagee, lender and/or person or entity providing such financing
and/or loan.
23. FORECLOSURE Nothing in this Lease will ever be construed as empowering the Lessee
to encumber or cause the Lessor to encumber the title or interest of the Lessor. However,
the foreclosure of any such mortgage will not terminate this Lease or any part thereof or
extinguish or diminish the rights of the Lessor in and to the property covered by this Lease
by the foreclosed mortgage. All rent or other monies due hereunder, will abate while any
such mortgagee holds title to said project but all liability for the payments of such rent and
other monies will immediately resume upon the conveyance of any title by the institutional
mortgagee.
24. REFINANCE Lessee and a lending institution are also given the authority from time to
time, to refinance the mortgage and/or any loan for purposes such as interest rate advantage
to Lessee and for additions or improvements to the Property
25. REMEDIES UPON DEFAULT
25.1. In addition to other rights provided herein, in the event of any default, made by the
Lessee in the payment of any of the rent herein which is not cured within thirty (30)
days of written notice from Lessor and provided it shall and may be lawful for the
Lessor at its election, to declare the Term ended and to reenter upon the Property either
with or without process of law.
25.2. The parties understand and agree that the relationship between them is that of
landlord and tenant, and that the Lessee specifically acknowledged that all statutory
proceedings in the State of Florida, regulating the relationship of landlord and tenants,
respecting collecting of rent or repossession of the Property, accrue to the Lessor
hereinunder.
25.3. There shall be no forfeiture of the Term because of any default on the part of the
Lessee unless the Lessee shall fail to cure such default within thirty (30) days after
written notice by the Lessor to so do or if the cure would take longer than thirty (30)
days Lessee has begun action to cure such default and notified Lessor as required
hereunder in which event provided Lessee reasonably proceeds with curing the default
Lessor shall not have the right to terminate this Lease. If at the expiration of such
thirty -day period or if more time is required and Lesse fails to cure such default after
notice to Lessor, , such default, which was the basis of such notice, shall continue to
exist, the Lessor may give to the Lessee written notice of intention to end the term of
this Lease, specifying a day not less than five days thereafter, whereupon the term
shall end and then, upon the day so specified, in said second notice, the term of the
Lease shall expire as fully and as completely as if that day were the date herein
definitely fixed for the expiration date of the term.
25.4. The Lessor shall, upon serving on the Lessee any notice of default or any other
notice under this Lease, simultaneously serve a copy of such notice upon the secured
party, and no notice of such default shall be deemed to have been duly given unless
and until a copy thereof has been so served upon the secured party. The secured party
shall thereupon have the same time within which to remedy or cause to be remedied
the defaults complain of as is allowed to the Lessee, and the Lessor shall accept such
performance by or at the instigation of the secured party as if such performance had
been accomplished by the Lessee. For the purpose of this article, no default on the part
of the Lessee, in the performance of work to be performed, or acts to be done, or
conditions to be remedied, which cannot reasonably be completed within the grace
period, shall be deemed to exist, if steps shall, in good faith, have been commenced
promptly to rectify the same and written notice is provided to Lessor regarding such
additional time required to cure such default and such work is prosecuted to
completion with diligence and continuity.
25.5. Anything herein contained notwithstanding, while such security interest remain in
effect, if, before the expiration of ten (10) days after the date of sever of a notice to
terminate this Lease for any reason whatsoever, the secured party shall have paid to
the Lessor all rent and additional rent and shall have complied, or shall engage in the
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work of complying with the requirements of this Lease by reason of which default
notice has been sent, then the Lessor shall not be entitled to terminate this Lease and
any such notice of termination theretofore given shall be void and of no effect.
25.6. If the Lessor elects to terminate this Lease by reason of any default of the Lessee,
the secured party shall not only be subrogated to all obligations of the Lessee with
respect to curing such defaults, but shall also have the right to postpone and extend the
specified date for the termination of this Lease as fixed by the Lessor in its notice of
termination, for a period of not more than six months, provided that: (1) the secured
party shall cure any then existing default and, meanwhile, pay the rent and additional
rent and perform all of the other requirements of this Lease required to be performed
by the Lessee; (2) No further defaults shall accrue hereunder during such extended
period; and (3) the secured party forthwith takes steps to acquire the Lessee's interest
in this Lease by foreclosure of its security interest or otherwise.
18 ASSIGNMENT OR SUBLEASE. This Lease shall not be assigned without the written
consent of the Lessor, but any portion of the units erected upon the said Property, which
are used exclusively for residential purposes, may be sublet by the Lessee, provided,
however, the rents to be charged for the accommodations occupied are approved by the
Lessor, but no such assignment or subletting shall release the Lessee herein from the
obligations under this Lease.
19 NON-DISCRIMINATION. Lessee as part of the consideration for this Lease does hereby
respectively covenant and agree that no person shall be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination in the use or operation
of the Property, or any of the programs or opportunities of Lessee that are conducted in ,
on, or at the Property, on the bases of gender, disability, race, color, creed, nation origin,
religion, or ancestry, provided however it is acknowledged that Lessee's use shall restrict
or attempt to restrict as required and/or authorized by law the sub -rental and leasing of any
of the Lease Premises to persons sixty (60) years of age or older, with exceptions for those
with disabilities, and with preference to those already living in Indian River County,
Florida.
20 AUDIT REQUIRMENTS. Lessee acknowledges and agrees that: (i) it is required to have
an audit completed by an independent certified public accountant at the end of Lessee's
fiscal year; (ii) a copy of such audit must be submitted to the Indian River County office
of Management and Budget within 120 days after the end of Lessee's fiscal year, (iii) if
the Budget office has any questions regarding a part of the financial statements, audit
comments, or notes a letter requesting clarification may be sent to Lessee, and Lessee shall
timely respond or cause a response to be made; and (iv) if Lessee receives a qualified
opinion from its independent auditor, this will be reported to the Lessor and the Lessor
reserves the right to declare this Lease to be defaulted.
21 NOTICE. Any notices which are required, or which either party may desire to serve upon
the other, shall be in writing and shall be deemed served when hand delivered, or when
actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to the
following:
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Lessee at:
St. Francis Mannor of Vero Beach, Florida, Inc.
1750 20th Avenue
Vero Beach, Florida 32957
Such notices to the Lessor shall be addressed as follows:
Indian River County
Attention: County Attorney Office
1801 27`h Street
Vero Beach, Florida 32960
These addresses may be changed by either party by providing written notification to the
other
22 MISCELLANEOUS
a. A Board of Trustees or Directors will administer the provisions of the Charter for
admission, rents, etc. Permanent residents will be accepted according to minimum
income requirements, priority to Vero Beach and Indian River County residents, using
a nonsectarian policy in cooperation with all churches, and other groups. Lessee will
be required to submit periodic financial statements and audits and will be subject
to any reasonable rules or regulations set by the Board of County Commissioners
of Indian River County.
b. Lessee will not amend its Articles of Incorporation on its By -Laws as a non-profit
corporation, during the term of this Lease, in such a manner as to affect or impair, the
rights of the Lessor herein, and unless the Lessor shall first approve any such
amendments in writing upon proper submission of such proposed amendments to them.
c. The invalidity of any terms or provisions of this Lease, or of any part of any terms or
provisions, will not affect the validity of the remaining portions thereof. Any such
invalid term or provision or part of any terms or provisions shall be deemed stricken
from this Lease.
d. The various rights, power, options, elections, privileges, and/or remedies, of the
Lessors contained in this Lease, will be construed as cumulative, and no one of them
will be construed as being exclusive of the other or exclusive of any rights or priorities
provided by law.
e. There shall be no cancellation, surrender, acceptance of surrender, or modifications of
the Lease, without the prior consent in writing of the secured party except as otherwise
provided herein.
f. Lessee shall be responsible for all taxes and assessments, if any, that may be levied
against the Property during the Term.
g. Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed
to it over time. Levels of radon that exceed federal and state guidelines have been
12
found in buildings in Florida. Additional information regarding radon testing may be
obtained from your county public health unit. This paragraph is included pursuant to
the requirement of Florida Statutes Chapter 404.056 for the purpose of public
information and notification.
h. If Lessee violates any of the covenants and conditions of this lease, then the Lessee
shall become a tenant at Sufferance upon written notice from Lessor and in the event
Lessee is evicted by suit at law, Lessee agrees to pay to Lessor all costs of such suit
including a reasonable attorney's fee; that no assent, expressed or implied, to any
breach of one or more of the covenants and agreements shall be deemed to be a waiver
of any succeeding or other breach.
i. This written Lease shall constitute the entire agreement of the parties with respect to
the Leased Premised and the Lessee's occupancy of the Property. No other statement,
representation or prior agreement shall have any force or effect, unless set forth herein.
j. This Lease or a written memorandum of this Lease may be recorded in the Public
Records of Indian River County, Florida by either party. The party recording the Lease
shall be responsible for payment of any fees or taxes applicable thereto.
13
IN WITNESS WHEREOF, the party referred to above as Grantor has caused this
instrument to be executed and delivered in its name and has intended the same to be and become
effective as of the day and year first above written.
LESSOR:
Board of County Commissioners of Indian
River C nty, Florida
B �* '
Y•
4 d
Deryl Loar, its Chairnan
''''4" COUNT.•
ATTEST:
By:aLJfl
Ryan L. Butler, Qjk of Court and
Comptroller
APPR V
J A. Titk ich, Jr., County kd�nistrator
and legaufficiency
Hicks, Assistant County Attorney
(ADDITIONAL SIGNATURE PAGE FOLLOWS)
14
LESSEE:
St. Francis Manor of Vero Beach Florida,
Inc., a Florida corporation,
art Elena Kitchell, is President
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of (check one) a '
physical presence or ❑ online notarization, thist , day of , t , 20261, by Maria
Elena Kitchell, as President of St. Francis Manor of Vero Beach Florid Inc., a Florida
corporation, on behalf of said corporation. Said person (check one) As personally known to
me, El produced a driver's license (issued by a state of the United States within the last five (5)
years) as identification, or D produced other identification, to
wit:
15
Print Name: r,,e^4, i4 . 1C�c ro r
Notary Public, State of Florida
Commission No.: !HH $'i93
My Commission Expires: 7-27.0703
DEBORAH A. RECTOR
NOTARY PUBLIC • STATE OF FLORIDA
COMMISSION #HH819193
My Cron Expires Juty 27, 2030
Legal Description (ST. Francis Manor)
BEING A PARCEL OF LAND LYING AND BEING IN THE SOUTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THE ORIGINAL 99 -YEAR LEASE FOR ST. FRANCIS MANOR, AS DESCRIBED IN OFFICIAL RECORD BOOK
516, PAGE 305, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 2; THE RUN SOUTH 89°25'37"E, ALONG THE
NORTH LINE OF THE SOUTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER AND THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE PLAT OF EDGEWOOD
SECOND ADDITION, AS RECORDED IN ST LUCIE COUNTY PLAT BOOK 4, PAGE 3, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 80.00 FEET TO THE EAST
RIGHT OF WAY LINE OF 20th AVENUE ; THENCE SOUTH 00°01'19" WEST, ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 45.00 FEET TO THE NORTHWEST CORNER OF
PARCEL"H" AS SHOWN ON THE BOUNDARY SURVEY BY CARTER ASSOCIATES INCORPORATED, PROJECT No. 23-117S, DATED MARCH 29, 2024 AND THE POINT OF BEGINNING OF
THE FOLLOWING DESCRIBED PARCEL: THENCE SOUTH 89°25'37" EAST, ALONG THE NORTH LINE OF SAID PARCEL "H", A DISTANCE OF 424.67 FEET TO THE WEST LINE OF
PARCEL'S "D" AND "E", AS SHOWN ON SAID CARTER SURVEY; THENCE NORTH 00°10'12" EAST, ALONG SAID WEST LINE, A DISTANCE OF 45.00 FEET TO THE SOUTH LINE OF LOT 9,
BLOCK 4, OF SAID PLAT OF EDGEWOOD SECOND ADDITION; THENCE SOUTH 89°25'37" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 15.36 FEET TO THE WEST LINE OF LOT 8,
BLOCK 4, OF SAID PLAT; THENCE NORTH 00°24'05" EAST, ALONG SAID WEST LINE OF SAID LOT, A DISTANCE OF 128.21 FEET TO THE SOUTH RIGHT OF WAY LINE OF 18th STREET
(BEING A 50 FOOT WIDE RIGHT OF WAY); THENCE SOUTH 89°11'09" EAST, ALONG SAID RIGHT OF WAY LINE (AND THE NORTH LINE OF LOT'S 7 AND 8 OF SAID PLAT) A DISTANCE
OF 110.27 FEES' TO THE EAST LINE OF SAID LOT 7; THE SOUTH 00°24'05" WEST, ALONG SAID EAST LINE, A DISTANCE OF 127.75 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7
AND THE SOUTH LINE OF SAID PLAT; THENCE SOUTH 89°15'22" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 6.89 FEET; THENCE DEPARTING SAID SOUTH LINE, SOUTH
00°37'27" WEST, ALONG THE EAST LINE OF PARCEL'S "D" AND "E', AS SHOWN ON SAID CARTER SURVEY, A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF ST.
FRANCIS MANOR DRIVE (BEING A 60.00 FOOT WIDE RIGHT OF WAY) TO THE NORTHWEST CORNER OF A PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 844, PAGE 1331, OF
SAID PUBLIC RECORDS; THENCE CONTINUE SOUTH 00°37'27" WEST, ALONG THE WEST LINE OF SAID OFFICIAL RECORD BOOK 844, PAGE 1331, A DISTANCE OF 140.15 FEET TO
THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89°26'43" EAST, ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 25.25 FEET TO THE NORTHWEST CORNER OF A
PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 2651, PAGE 1029, OF SAID PUBLIC RECORDS; THENCE SOUTH 00°36'51" WEST, ALONG THE WEST LINE OF SAID PARCEL, A
DISTANCE OF 338.74 FEET TO THE NORTH LINE OF THE LANDS DESCRIBED IN EXHIBIT "A" OF THE 10th AMENDMENT TO THE 99 -YEAR LEASE FOR ST. FRANCIS MANOR AND THE
SOUTHWEST CORNER OF SAID OFFICIAL RECORD BOOK 2651, PAGE 1029; THENCE SOUTH 89°44'14" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 41.50 FEET TO THE
NORTHEAST CORNER THEREOF; THENCE SOUTH 00°17'12" WEST, DEPARTING SAID NORTH LINE, ALONG THE EAST LINE OF SAID EXHIBIT "A", A DISTANCE OF 108.63 FEET TO THE
SOUTHEAST CORNER THEREOF; THENCE NORTH 89°42'03" WEST, ALONG THE SOUTH LINE OF SAID EXHIBIT "A", A DISTANCE OF 243.80 FEET TO THE SOUTHWEST CORNER
THEREOF; THENCE DEPARTING SAID SOUTH LINE, NORTH 00°06'45" EAST, ALONG THE WEST LINE OF SAID EXHIBIT "A", A DISTANCE OF 48.55 FEET TO THE NORTHEAST CORNER
OF OFFICIAL RECORD BOOK 3131, PAGE 1699, OF SAID PUBLIC RECORDS; THENCE NORTH 89°27'15" WEST, ALONG THE NORTH LINE OF SAID OFFICIAL RECORD BOOK 3131, PAGE
1699 AND THE SOUTH LINE OF ST. FRANCIS MANOR, A DISTANCE OF 374.03 FEET TO A POINT OF THE EAST RIGHT OF WAY LINE OF SAID 20th AVENUE (SAID POINT BEING THE
SOUTHWEST CORNER OF ST. FRANCIS MANOR); THENCE NORTH 00°01'19" EAST, ALONG SAID EAST RIGHT OF WAY LINE AND WEST LINE OF SAID ST. FRANCIS MANOR, A
DISTANCE OF 570.13 FEET TO THE POINT OF BEGINNING.
CONTAINING: 8.27 ACRES (360,092 SQUARE FEET), MORE OR LESS. Certification
Surveyor's Notes (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED BASED ON A SURVEY RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
PREPARED BY CARTER ASSOCIATES INCORPORATED, PROJECT No. 13-117S,
DATED MARCH 29, 2024. THE BEARINGS SHOWN HEREON ARE BASED ON SAID SURVEY. I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST ORkt*IItNOWLEDGE AND
BELIEF.
(A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS,
WITH SHEET 2 SHOWING THE SKETCH OF DESCRIPTION.
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPT':ON VTS �TI-SE STANDARDS OF
(B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROF SSI lXL-pCIARD OF
ARE SIGNED AND SEALED WITH AN
EMBOSSED SURVEYOR'S SEAL. Legend and Abbreviations
SURVEYORS AND MAPPERS IN CHAPTER 5J-1 7.052 FL0R+' ADMINIST aT?Vlr CODE,
PURSUANT TO SECTION 472.027 FLORIDA STATE STAT T S.
C.R. = COUNTY ROAD
P.B. = PLAT BOOK
- -{
1
I.R.F.W.C.D.= INDIAN RIVER FARMS
PG. = PAGE
/ 3/� 9
zo
WATER CONTROL DISTRICT
PBS = PLAT BOOK ST. LUCIE "( CS
I.R.C. = INDIAN RIVER COUNTY
SQ. FT. = SQUARE FEET)
DATE OF SIGNATURE DP, I N SILON
LLC = LIMITED LIABILITY COMPANY
R = RANGE
.
PROFEIONAL SURVEYOR AND MAPPER
O.R.B. = OFFICIAL RECORD BOOK
RW = RIGHT-OF-WAY
(P) =PLAT
T =TOWNSHIP
This is not a Boundary Survey FL f A,CERTIF�ICATE NO. 6139
INDIAN RIVER COUNTY CHECKED-: D. SILON SECTION: 2 °"TE LEGAL DESCRIPTION SHEET
DEPARTMENT OF PUBLIC WORKS DRAWNeV: 11/04/2025 1
R.INGLETT TDwNeNIr:33 I FOR
ENGINEERING DIVISION MPROVEDev: D. SCRYVER RnNDE:39 023-003 ST. FRANCIS MANOR 2
801 27TH STREET VERO BEACH, FL 32960 (772) 567-8000
Point of NORTH LINE OF LOT'S 7 AND 8
SOUTH RIGHT OF WAY LINE I W
Commencement 18th STREET (HOOSIER AVENUE) in -
NORTHWEST CORNER OF THE SOUTHWEST (50' WIDE R/W) O (V
1/4 OF THE SOUTHEAST 1/4 SECTION 2, I N 00
TOWNSHIP 33 SOUTH, RANGE 39 EAST o
LOT 11 LOT 10 J 0
I
S89'25'37"E S89'25'37"E-15.36
80.00NORTH UNE OF THE S.W. 1/4 OF
/_80
--_ THE S.E. 1/4 SECTION 2-33-39 I�
_- SOUTH UNE EDGEWOOD SECOND ADDITION
NORTHWEST CORNER N00'10'12"E
"_PARCEL "H" S89'25'37"E - 424.67' 45.00'
NORTH UNE PA EL
�H,
o Parcel H 27'
o ��
V' O i
w o /NORCORN
° Point of Beainnina PER O.R.B.
H)
w
C)
Iz
0
. i+1
d O
E ₹ Lt)
o Q)
N Q W
o s
F +'
w 0— Q
n CV
0
z
�S8909 E 3 Ed ewood Second Addition
j10.2/' o n Block 4
,.Parc 1 "l" (P.B.S. 4. PG. 3)
N p LOT 5 t LOT 4 I LOT 3
i// O •- L T OT 7 O SOUTHEAST CRNER
,�% < LOT 4, �L K 4
7-S89" 5'22 E 6,89'
J,2Parcel
" " NORTH RIGHT OF WAY UNE ST FRANCIS MANOR DRIVE
P,arrcel D _ UNNAMED CITY OF VERO BEACH ROAD 60' RIGHT OF WAY
� (PER O.R.B. 39, PG. 14)
75.0 ' " SOUTH RIGHT OF WAY UNE ST FRANCIS MANOR DRIVE
PER O.R.B.
?//3//
S89"26'43"E - 25.
ST.. Francis .Mp
/ (ORIGINAL 99 -YEAR LEA
O.R.B. 516, PG. 305)
8.27 ACRES (360.092 SQ. FT.), MC
MANOR/////
31%P G.
1
SOUTH LIN/ / g0EST. FFRANC, S MANOR
IYO77 4/ IJ 17 - J/Y.VJ
IRC Emergency Services District
0.R B. 3431, PG. 1699)
SOUTHWEST CORNER OF EXHIBIT "A" -
is not a Boundary Survey OF 10th AMENDMENT TO 99 -YEAR LEASE
INDIAN RIVER COUNTY
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
INDS DESCRIBED IN EXHIBIT
OF THE 10th AMENDMENT T
THE 99 -YEAR LEASE
FOR ST. FRANCIS MANOR
TH DATEF 1
01- 2-2016
4A9'49'n1"W — 941 A
TO
ON
BY: D. SILON SECT)ON: 2
r. R. INGLETT TOWNSHIP:
)BY: D. SCRYVER Rmoe:39
Boys and Girls Club
(O.R.B. 844, PG. 1331)
SOUTH UNE OF O.R.B. 844, PG. 1331
NORTH LINE OF .B. O.R2651, PG. 1029
NORTHWEST CORNER OF PARCEL
PER O.R.B. 2651, PG. 1029
1)
M
Nnt to Rc2IP
_ Boys and Girls Club
(O.R.B. 2651, PG. 1029)
(0
M
0
0
to
'14"E — 41.50'
pNORTHEAST CORNER OF EXHIBIT "A"
/ OF 10th AMENDMENT TO 99 -YEAR LEASE
yI SOUTH UNE OF O.R.B. 2651, PG. 1029
3 0
in Wz<� Sunshine Rehabilitation Center
o DIAZ of Indian River County
(O.R.B. 1957, PG. 2419)
() i V) SOUTHEAST CORNER OF EXHIBIT "A"
•-OF 10th AMENDMENT TO 99 -YEAR LEASE
°ATE SKETCH OF DESCRIPTION SHEET
11 /04/2025 2
PR JEETN N11,Fa FOR Cf
2023-003 ST. FRANCIS MANOR 2
Legal Description (Cell Tower Access Easement)
BEING A PARCEL OF LAND LYING AND BEING IN THE SOUTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THE ORIGINAL 99 -YEAR LEASE FOR ST. FRANCIS MANOR, AS DESCRIBED IN OFFICIAL RECORD BOOK
516, PAGE 305, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 2; THE RUN SOUTH 89°25'37"E, ALONG THE
NORTH LINE OF THE SOUTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER A DISTANCE OF 80.00 FEET TO THE EAST RIGHT OF WAY LINE OF 20th AVENUE; THENCE
SOUTH 00°01'19" WEST, ALONG THE EAST RIGHT OF WAY LINE OF SAID 20th AVENUE, A DISTANCE OF 575.84 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED
PARCEL:
THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, CONTINUE ALONG SAID PARCEL THE FOLLOWING COURSES AND DISTANCES:
SOUTH 89°47'09" EAST, A DISTANCE OF 223.38 FEET;
NORTH 87°03'03" EAST, A DISTANCE OF 64.56 FEET;
SOUTH 89°41'30" EAST, A DISTANCE OF 60.74 FEET;
SOUTH 89°03'10" EAST, A DISTANCE OF 37.62 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 35.00 FEET; THENCE
NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°09'20", A DISTANCE OF 55.07 FEET TO THE CURVES END; THENCE
NORTH 00°47'30" EAST, A DISTANCE OF 73.58 FEET; THENCE NORTH 88°48'50" WEST, A DISTANCE OF 18.09 FEET; THENCE NORTH 00°47'30" EAST, A DISTANCE OF 15.00 FEET TO
THE SOUTH LINE OF PARCEL "A" AS DESCRIBED IN OFFICIAL RECORD BOOK 3558, PAGE 1775, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
THENCE SOUTH 89°12'30" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 38.09 FEET; THENCE DEPARTING SAID SOUTH LINE, SOUTH 00°47'30" WEST, A DISTANCE OF 88.70 FEET
TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 55.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°09'20", A DISTANCE OF 86.54 FEET TO THE CURVES END; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES:
NORTH 89°03'10" WEST, A DISTANCE OF 37.51 FEET;
NORTH 89°41'30" WEST, A DISTANCE OF 60.06 FEET;
SOUTH 87°03'03" WEST, A DISTANCE OF 64.55 FEET;
NORTH 89°47'09" WEST, A DISTANCE OF 223.86 FEET TO THE EAST RIGHT OF WAY LINE OF SAID 20th AVENUE: THENCE NORTH 00°01'19" EAST, ALONG SAID EAST RIGHT OF WAY
LINE, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING: 0.26 ACRES (11,383 SQUARE FEET), MORE OR LESS.
Surveyor's Notes Certification
1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED BASED ON A SURVEY (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
PREPARED BY CARTER ASSOCIATES INCORPORATED, PROJECT No. 13-117S, RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
DATED MARCH 29, 2024. THE BEARINGS SHOWN HEREON ARE BASED ON SAID SURVEY.
2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS:
(A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS,
WITH SHEET 2 SHOWING THE SKETCH OF DESCRIPTION.
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
(B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH
ARE SIGNED AND SEALED WITH AN
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION {viEETS THSTANDARDS OF
EMBOSSED SURVEYOR'S SEAL.
Legend and Abbreviations
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PRO F= S$IQN1 U DOARD OF
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE,
C.R.
= COUNTY ROAD
P.B. = PLAT BOOK
PURSUANT TO SECTION 472.027 FLORIDA STATE S TAIUFS.
I.R.F.W.C.D.=
INDIAN RIVER FARMS
PG. = PAGE
I.R.C.
WATER CONTROL DISTRICT
= INDIAN RIVER COUNTY
PBS = PLAT BOOK ST. LUCIE
SQ. FT. = SQUARE FEET
IL -i-I z,
LLC
= LIMITED LIABILITY COMPANY
R = RANGE
O.R.B.
= OFFICIAL RECORD BOOK
R/W = RIGHT-OF-WAY
DATE OF SIGNATURE DAVID M. SILON
(P)
= PLAT
T =TOWNSHIP
PROFESSIONAL SURVEYOR AND MAPPER
P.C.
P.T.
= POINT OF CURVATURE
=POINT OF TANGENT
This is not
a Boundar Surve FLORIDA CERTIFICATE NO. 6139
INDIAN RIVER COUNTY CHECKEOBV: D. SILON SECTION: 2 °ATE LEGAL DESCRIPTION SHEET
DEPARTMENT OF PUBLIC WORKS ORAWNBY: 11/04/2025
R. INGLETT TOWNSHIP: 33 PROJECTNUMBER I FOR CELL TOWER I OF
ENGINEERING DIVISION APPROVEOBO D. SCRYVER RANGE: 39 023-003 ACCESS EASEMENT 2
801 27TH STREET VERO BEACH, FL 32960 (772) 567-8000
Point of
L1oI I II I ICI II,CI I IGl I L
NORTHWEST CORNER OF THE SOUTHWEST
1/4 OF THE SOUTHEAST 1/4 SECTION 2,
TOWNSHIP 33 SOUTH. RANGE 39 EAST
80.00'
F -
1n
w
M
W
z
0
N
0
F-
CR
z
O
F
U
Iw
U)
IN
w
U)
Ui
w
z
I-
NORTH LINE OF THE S.W. 1/4 OF
THE S.E. 1/4 SECTION 2-33-39
D0
O
z
1n
O
00
Ln
Ln
1 w
z
zi
31E-
I} 3
LJ
—O
p
00
O CV
0
z
IL,
Point of Beginning
a CELL TOWER ACCESS EASEMENT
w
is nbt a Boundary Surveyl
REVISION DATE
ST. Francis Manor
(ORIGINAL 99 -YEAR LEASE
O.R.B. 516, PG. 305)
N87'03'03E
Parcel
"B"
(O. R.B. 3558. PG. 1775)
Tower Lease Area r —
— — —
(O.R.B. 1207, PG 851)
Parcel "A"
— —
(O.R.B. 3558, G. 1775)-...j'1-
-i
S89'1230"E I
I I
38.09' L_
-J
N00'47'30"E SOUTH LINE
15.00'
N88'48-5 "W
3
18.09' w
r0 o
SOUTH LINE PARCEL 'A'
'A'
PARCEL to 00
ORB 3558, PG. 1775 I- Ln
0 0000
I.R.CO., FL M
N
0N.
D=90'09'20" z
R=35.00'
L=55.07'
S89'41'30"E S89'03'10"E
S89 47 09 E -
77-
'0.26 ACRES (111,38 SQ.FT. MORE OR LE
/ SS
N89'47'09"W - 223.86' S8703 03 W N89'41 30 W N89' 3'10"W D=90'09'20"
64.55' 60.06' 3.51' R=55.00'
SOUTH LINE ST. FRANCIS MANOR
NORTH LINE O.R.B. 3431, PG. 1699 I L=86.54'
IRC Emergency Services District
(O.R.B. 3431, PG. 1699)
INDIAN RIVER COUNTY CHECRE0BY: D. SILON SECT11/04/2025 ION: 2 01SKETCH OF DESCRIPTION SHEET
DEPARTMENT OF PUBLIC WORKS DRAWNBY. 2
R. INGLETT TOWNSHIP:33 PROJECT NUMBER FOR CELL TOWER OF
ENGINEERING DIVISION IECHEOVEOBY. D. SCRYVER RANGE 39 023-003 I ACCESS EASEMENT 2
801 27TH STREET VERO BEACH, FL 32960 772) 567-8000